„ \ o N A L ^ FEDERAL REGSTER

VOLUME 24 \ 1 934 NUMBER 113 * ^A/ITED ^ Washington, Wednesday, June 10, 1959

DONE at the City of Washington this CONTENTS Title 3— THE PRESIDENT first day of June in the year of our Lord nineteen hundred and fifty- THE PRESIDENT Proclamation 3297 [ seal] nine, and of the Independence of the United States of America Proclamations Pase DETERMINING CERTAIN DRUGS TO the one hundred and eighty-third. Determining Certain Drugs To Be BE OPIATES Opiates______4679 D w ight D . E isenhow er Immigration Quotas______4679 By the President of the United States By the President:" of America EXECUTIVE AGENCIES D ouglas D illo n, A Proclamation Acting Secretary of State. Agricultural Marketing Service WHEREAS section 4731(g) of the [F.R. Doc. 59-4854; Filed, June 9, 1959; Notices : Internal Revenue Code of 1954 provides 9:44 a.m.] Jonesboro Stockyards et al.; in part as follows: posted stockyards______4702 OPIATE.—The word “opiate”, as used in. Proposed rule making : this part shall mean any drug (as defined in Poultry and poultry products the Federal Food, Drug, and Cosmetic Act; inspection; miscellaneous 52 Stat. 1041, section 201(g); 21 U.S.C- 321) Proclamation 3298 amendments______4699 found by the Secretary or his delegate, after IMMIGRATION QUOTAS Rules and regulations: due notice and opportunity for public hear­ Apples; color requirements___ 4681 ing, to have an addiction-forming or addic­ By the President of the United States Cucumbers; termination of im­ tion-sustaining liability similar to morphine port regulation______4694 or cocaine, and proclaimed by the President of America to have been so found by the Secretary or Cucumbers; termination of limi­ his delegate,* * *; A Proclamation tation of shipments______4694 Elberta peaches; grades and AND WHEREAS the Secretary of the WHEREAS under the provisions of section 202,1a) of the Immigration and sizes______4693 Treasury, after due notice and oppor­ Split peas; grades, grade re­ tunity for public hearing, has found that Nationality Act, each independent coun­ try, self-governing dominion, mandated quirements, and grade des- ' each of the following-named drugs has ignations______.______4682 an addiction-forming or addiction-sus­ territory, and territory under the inter­ taining liability similar to morphine,, national trusteeship system of the United Agriculture Department and that in the public interest this find- Nations, other than independent coun­ See also Agricultural Marketing should be effective immediately: tries of North, Central, and South Service; Commodity Credit Cor­ America, is entitled to be treated as a poration ; Commodity Stabili­ (1) 2'-Hydroxy-5, 9-dimethyl-2-(2- separate quota area when approved by zation Service. Phenylethyl) -6, 7-benzomorphan. the Secretary of State; and Notices; <2) Ethyl 4 - phenyl - 1 - [3-(phenyla- WHEREAS under the provisions of Removal of liquidating agent mino) -propyl] -4-piperidinecarboxylate. section 201(b) of the Immigration and and substitution of agent of (3) 3 - Hydroxy - N-phenethylmorphi- Nationality Act, the Secretary of State, the secretary to continue “an, its racemic and levorotatory forms, the Secretary of Commerce, and the At­ liquidation under terminated 2 * its dextrorotatory form and its torney General, jointly, are required to milk order No. 47, as determine the annual quota of any quota amended______4705 fX; THEREp°RE, I, DWIGHT D. area established pursuant to the provi­ Atomic Energy Commission &SENHOWER, President of the United sions of section 202(a) of the said Act, Notices:' thai f,oi America» do hereby proclaim and to report to the President the quota Westinghouse Electric Corp.; found +t Secretary of the Treasury has of each quota area so determined; and reopened hearing ______4705 drug« e^ach of the aforementioned WHEREAS under the provisions of Bonneville Power Administra­ 3-?vdl!XCe? the dextrorotatory form of section 202(e) of the said Act, the Secre­ tion its caH^r^'P^H^hylraorphinan and tary of State, the Secretary of Commerce, Notices: addiction an addiction-forming o r. and the Attorney General, jointly, are Land Branch chief; redelega- mornhin:S“ g lability: similar to required to revise the quotas, whenever tions of authority______4701 tafflS S i ? ‘he PubUc interest necessary, to provide for any political Civil Aeronautics Board Mediately. be effective im- changes requiring a change in the list of Notices : quota areas; and Accident occurring near Chase, unto setm ^hif ^ HEREOP>1 have here- WHEREAS the State of Guinea was Md.; hearing.______i ____ _ 4706 the U n i t e d ^ a5d caused the Seal of on November 1, 1958, recognized de jure Commerce Department -ed States to be affixed. (Continued on p. 4681) See Maritime Administration. 4679 4680 THE PRESIDENT

CONTENTS— Continued CONTENTS— Continued Commodity Credit Corporation Page Interstate Commerce Commis- page FEDERALWREGISTER Notices: sion— Continued V, »a* ¿y Certain commodities; June sales Rules and regulations: list______4703 Freight rate tariffs, schedules, Published daily, except Sundays, Mondays, and days following official Federal holidays, Commodity Stabilization Service and classifications; emer- by the Office of the Federal Register, National Rules and regulations: . gency transportation of prop- Archives and Records Service, General Serv­ Tobacco; b u r le y , flue-cured, —erty (2 documents)______4598 ices Administration, pursuant to the au­ fire-cured, dark air-cured, Land Management Bureau thority contained in the Federal Register Act, and Virginia sun-cured; 1959- Notices: approved July 26, 1935 (49 Stat. 500, as 60 marketing quota regula­ amended; 44 U.S.C., ch. 8B), under regula­ . Idaho; proposed withdrawal and tions prescribed by the Administrative Com­ tions______4682 reservation of land______4702 mittee of the Federal Register, approved by Customs Bureau the President. Distribution is made only by Notices: Maritime Administration the Superintendent of Documents, Govern­ Iron pipe fittings from Japan; Notices: m ent Printing Office, W ashington 25, D.C. purchase price and foreign American President Lines, Ltd.; The Federal R egister will be furnished by application and hearing,.... 4705 mail to subscribers, free of postage, for $1.50 market value______4706 per month or $15.00 per year, payable in Federal Aviation Agency Narcotics Bureau advance. The charge for individual copies Rules and regulations: Rules and regulations: (minimum 15 cents) varies in proportion to Adjudication and licensing pro­ the size of the issue. Remit check or money Minimum en route IFR alti­ order, made payable to the Superintendent tudes; miscellaneous altera­ cedure; cross reference____ 4698 of Documents, directly to the Government tions (2 documents)____ 4694,4697 Securities and Exchange Com­ Printing Office, Washington 25, D.C. Federal Communications Com­ The regulatory material appearing herein mission is keyed to the Code op F ederal Regulations, mission Notices: which is published, under 50 titles, pursuant Notices: Hearings, etc.: to section 11 of the Federal Register Act, as Hearings, etc. : Acme Tool & Engineering amended August 5, 1953. The Code of F ed­ Doughty, Frederic C______4708 Corp______4721 eral R egulations is sold by the Superin­ Hirschberg, Sanford L., et al_ 4706 Union. Electric Co______4721 tendent of Documents. Prices of books and New Jersey Exchanges, Inc_ 4708 pocket supplements vary. Specified non-broadcast activi-. Treasury Department There are no restrictions on the re­ ties on multiplex basis______4706 See Customs Bureau; Narcotics publication of material appearing in the Bureau. F ederal Register, or th e Code op F ederal Federal Power Commission R egulations. Notices: Hearings, etc. : CODIFICATION GUIDE Bel Oil Corp. et al______4709 A numerical list of the parts of the Code CFR SUPPLEMENTS Hunt Oil Co. et al______4709 of Federal Regulations affected by documents Michigan Wisconsin Pipe Line published in this issue. Proposed rules, as (As of January 1, 1959) Co______4708 opposed to final actions, are identified as such. The following supplement is now Federal Reserve System A Cumulative Codification Guide covering available: Rules and regulations: the current month appears at the end of each Title 26 (1954), Part 222 to end Credit by brokers, dealers, and issue beginning with the second issue of the ($2.75) members of national secu­ m onth. rities exchanges; transactions Previously announced: Title 3, 1958 Supp. in restricted accounts under 3 CFR ■ p*8' ($0.35); Titles 4-5 ($0.50); Title 6 amended withdrawal rules__ 4697 Proclamations : ($1.75); Title 7, Parts 1-50 ($4.00); Parts Loans by banks for the purpose 2980 (revoked by Proc. 3298) _ 4679 51-52 ($6.25); Parts 53-209 ($5.50); of purchasing or carrying 3147 (revoked by Proc. 3298)- 4679 Parts 210-899 ($2.50); Parts 900-959 registered stocks ; purchase- 3158 (revoked by Proc. 3298)- 4679 ($1.50); Part 960 to end ($2.25); Title 8 and-sale substitution on same 3188A (revoked by Proc. 3298) _ 4679 ($0.35); Title 9 ($4.75); Titles 10-13 day______;__ 4698 3206 (revoked by Proc. 3298)- 4679 ($5.50); Title 14, Parts 1-39 ($0.55); 3298). 4679 Parts 40—399 ($0.55); Part 400 to end Food and Drug Administration 3248 (revoked by Proc. ($1.50); Title 15 ($1.00); Title 16 ($1.75); Rules and regulations: 3297-— ...... 4679 Title 18 ($0.25); Title 19 ($0.75); Title 21 Labeling of drug preparations 3298...... 4679 ($1.00); Titles 22-23 ($0.35); Title 24 containing salicylates; revo­ ($4.25); Title 25 ($0.35); Title 26, Parts 7 CFR cation______4698 4681 1-79 ($0.20); Parts 80-169 ($0.20); Parts 51______170-182 ($0.20); Part 300 to end, Title Health, Education, and Welfare 68______4682 27 ($0.30); Title 26 (1954) Parts 1-19 Department 725__...... 4682 ($3.25); Parts 20-221 ($3.00); Titles 28- See Food and Drug Administra­ 936______4693 29 ($1.50); Titles 30-31 ($3.50); Title 32, tion. 1015______4694 Parts 1-399 ($1.50); Parts 400-699 1070______4694 ($1.75); Parts 700-799 ($0.70); Parts Interior Department Proposed rules 800—T099 ($2.50); Part 1100 to end See Bonneville Power Administra­ 81______4699 ($0.35); Title 32A ($0.40); Title 33 tion; Land Management Bu­ ($1.50); Titles 35-37 ($1.25); Title 38 reau. 12 CFR ($0.55); Title 39 ($0.70); Titles 40-42 Interstate Commerce Commis­ 4697 ($0.35); Title 43 ($1.00); Titles 44-45 220 ___ 4698 ($0.60); Title 46, Parts 1-145 ($1.00); sion 221 ___ Parts 146-149, 1958 Supp. 2 ($1.50); Notices : Part 150 to end ($0.50); Title 47, Parts Fourth section applications for 1-29 ($0.70); Part 30 to end ($0.30); relief______4718 610 (2 documents)------4694,4697 Title 49, Parts 1-70 ($0.25); Parts 71-90 Motor carrier alternate route ($0.70); Parts 91-164 ($0.40); Part 165 deviation notices.______4720 21 CFR to end ($1.00); Title 50 ($0.75) Motor carrier applications____ 4710 3------4698 Motor carrier certificate or 304—...... i------Order from Superintendent of Docu­ permit during interim period. 4720 ments, Government Printing Office, 49 CFR 4698 Washington 25, D.C. Motor carrier transfer pro­ ceedings______4719 187 (2 documents)------Wednesday, June 10, 1959 FEDERAL REGISTER 4681 by the United States as an independent Quota Area—Continued Quota Area—Continued country; and Prance____... ______... _____..... 3,069 Sudan______100 WHEREAS it has been determined that Germany______. . . . . 25, 814 Sweden______3,295 the existing immigration quotas for Italy Ghana______100 Switzerland______1, 698 and Yugoslavia should be revised up­ Great Britain and Northern Ireland_ 65, 361 Tanganyika (trust territory, United ward by reason of the abolishment of the Greece_.______308 K in gd om )______100 G uinea______:______100 Thailand (Siam).____ ;______100 quota established for the Free Territory Hungary______865 Togo (trust territory, Prance)______100 of Trieste, such territory having ceased Iceland______... ______100 Tunisia . . . ______i______100 to constitute a quota area within the In d ia ______100 Turkey______225 mining of section 202(a) of the Immi­ Indonesia______100 Union of South Africa__ ... ______100 gration and Nationality Act; and Iran (Persia)______. . . 100 Union of Soviet Socialist Republics.. 2, 697 WHEREAS several changes have Iraq ------100 United Arab Republic______100 occurred in quota areas since the issu­ Ireland (Eire)______17, 756 Vietnam ______100 ance of Proclamation No. 2980 of June Israel______100 Yemen ______... ______100 Italy------5,666 Yugoslavia______942 30, 1952, warranting a republication of Jap an ______185 all established quotas and quota areas: Jordan------;______100 The establishment of an immigra­ NOW, THEREFORE, I, DWIGHT D. Korea______100 tion quota for any quota area is solely EISENHOWER, President of the United Laos______100 for the purpose of compliance with the States of America, acting under and by Latvia______235 pertinent provisions of the Immigration Lebanon______100 virtue of the authority vested in me by Liberia______.______100 and Nationality Act and is not to be con­ the aforesaid Act of Congress, do hereby Libya------100 sidered as having any significance ex­ proclaim and make known that the an­ Liechtenstein______100 traneous to such purpose. nual quota of each quota area hereinaf­ L ithu ania______384 The following proclamations regarding ter designated has been determined in Luxem burg______100 immigration quotas are hereby revoked: accordance with the law to be, and shall Malaya (Federation of)______100 Proclamation No. 2980 of June 30, 1952; be, as follows: Monaco______100 Proclamation No. 3147 of July 9, 1956; Morocco______100 Quota Area Proclamation No. 3158 of September 20, Muscat (Oman)______100 1956; Proclamation No. 3188A of June 26, Afghanistan______... _____'______100 Nauru (trust territory, Australia)___ 100 1957; Proclamation No. 3206 of October Albania...______100 N ep al______100 Andorra______. . . . . 100 N etherlands..______... ____3,136 10, 1957; and Proclamation No. 3248 of Arabian Peninsula______100 New Guinea (trust territory, June 20,1958. Asia-Pacific__ t ______100 A u stralia)______100 IN WITNESS WHEREOF, I have Australia ____ :______100 New Zealand______■*._ 100 hereunto set my hand and caused the Austria______1,405 Norway______2, 364 Seal of the United States of America to Belgium . . . ______1, 297 Pacific Islands (trust territory, be affixed. Bhutan______100 United States administered)___ _ 100 Bulgaria ____ 100 Pakistan______ioo DONE at the City of Washington this Burma______100 Palestine (Arab Palestine)______100 third day of June in the year of our Lord Cambodia______;______, 100 P hilippines______100 nineteen hundred and fifty- Cameroons (trust territory, United P olan d______[ seal6, 488] nine, and of the Independence Kingdom) ______100 Portugal______. . . 438 of the United States of America Cameroun (trust territory, Prance) 100 Ruanda-Urundi (trust territory, the one hundred and eighty-third. Ceylon— _------_ ioo B elgium )______100 China______100 R um ania_<______289 D w ight D . E isenhow er Chinese Persons______105 Samoa, Western (trust territory, New Czechoslovakia______.____ 2, 859 Zealand) ______100 By the President: Danzig, Free City o f ______100 San Marino______100 D ouglas D illo n , Denmark______1) 175 Saudi Arabia______100 Acting Secretary of State. Estonia______JSjJISS- 115 Somaliland (trust territory, Italy)__ 100 Ethiopia ______100 South-West Africa (mandate)______100 [F.R. Doc. 59-4855; Piled, June 9, 1959; Finland------— ------566 Spain______, 250 9:44 aun.]

RULES AND REGULATIONS

eral R egister (24 F.R. 3887) regarding of the variety: Provided, That an apple Title 7— AGRICULTURE a proposed amendment to the United having color of a lighter shade of solid Chapter I—Agricultural Market! States Standards for Apples (7 CFR red or striped red than that considered §§ 51.300 to 51.327). as a good shade of red characteristic of Service (Standards, Inspectioi After consideration of all relevant the variety may be admitted to a grade, Marketing Practices), Departme matters presented, including the pro­ provided it has sufficient additional area Agriculture posal set forth in the aforesaid notice, covered so that the apple has as good an the following amendment to the United appearance as one with the minimum “- FRESH FRUITS, VEG States Standards for Apples is hereby percentage of good red characteristic of Imc«' AND o th er PRODUC promulgated pursuant to the authority the variety required for the grade. For » O N , CERTIFICATION, Ai contained in the Agricultural Marketing the striped red varieties the percentage STANDARDS) Act of 1946 (secs. 202-208, 60 Stat. 1087, stated refers to the area of the surface as amended; 7 U.S.C. 1621-1627). in which the stripes of good shade of red Subpart— United States Standards \ Color characteristic of the variety shall pre­ Apples 1 dominate over stripes of lighter red, § 51.308 Color requirements. green, or yellow. However, an apple Color R equirements In addition to the requirements spec­ having color of a lighter shade than that considered as a good shade of red char­ ^ n u k fn l4,1959, a notice Sf Propos ified for the grades set forth in §§ 51.300 __ makmg was published in the Fi to 51.307, apples of these grades shall acteristic of the variety may be admitted have the percentage of color specified for to a grade: Provided, That it has suffi­ Wth Product in conform the variety in Table I appearing in this cient additional area covered so that the shall not P^ Ulr!ments of these standa section. For the solid red varieties the apple has as good an appearance as one V isions ? £ * to cornPu!y with 1 percentage stated refers to the area of with the minimum percentage of stripes Emetic Act Federal Pood, Drug, a the surface which must be covered with of a good red characteristic of the vari­ a good shade of solid red characteristic ety required for the grade. Faded brown 4682 RULES AND REGULATIONS stripes shall not be considered as color PART 68—REGULATIONS AND Sec. 725.1031 Definitions. except in the case of the Gray Baldwin STANDARDS FOR INSPECTION AND 725.1032 Instructions and forms. variety. CERTIFICATION OF CERTAIN AGRI­ 725.1033 Extent of calculations and rule of T able I—Color R equirements for Specified U.S- CULTURAL COMMODITIES AND fractions. Grades of Apples, by Varieties PRODUCTS THEREOF Identification and Location of Farms, De­ termination of Acreage and Flue-Cured ILS, ' U.S. U.S. Subpart G— United States Standards Tobacco Seed Varieties Variety Extra Fancy No. 1 Fancy for Split Peas 725.1034 Identification and location of farms. G rades, G rade R equirements and Solid Red: Percent Percent Percent 725.1035 Determination of tobacco acreage Black Ben______... 75 50 25 G rade D esignations and seed varieties. Gano...... 75 50* 25 Winesap...... 75 50 25 On April 22, 1959, a notice of proposed F arm Marketing Quotas and Marketing Other similar varieties 1___ 75 50 25 rule making was published in the F ed­ Cards t Red Sport varieties2. ___ 75 50 25 eral R egister (24 F.R. 3114) with respect Striped or partially red: 725.1036 Amount of farm marketing quota. Cortland...... 66 33 25 to a proposed amendment to the United Jonathan...... 66 33 25 States Standards for Split Peas. 725.1037 Transfer of farm marketing quota. McIntosh...... 66 v 33 25 725.1038 Issuance of marketing cards. Other similar varieties3___ 66 33 25 After consideration of all relevant 725.1039 Persons authorized to issue mar­ Baldwin...... 50 25 15 matters, including the proposal set forth keting eajds. Ben Davis______50 25 15 Delicious...... 50 25 15 in the aforesaid notice, paragraph (cMl) 725.1040 Rights of producers in marketing Mammoth Black Twig___ 50 25 15 of § 68.503 of the United States Stand­ cards. Northern Spy...... 50 25 15 ards for Split Peas is hereby amended, 725.1041 Successors in interest. Rome Beauty______50 25 15 725.1042 Invalid cards. Stayman...... 50 25 15 under the authority contained in the Turley...... 50 25 15 725.1043 Report of misuse of marketing Wagener...... 50 25 15 Agricultural Marketing Act of 1946, as' card. Wealthy...... 50 25 15 amended, to read as follows: Willow Tw ig...... 50 25 15 Marketing or Other Disposition of York Imperial______50 25 15 § 68.503 Grades, grade requirements, T obacco and P enalties Other similar varieties 4___ 50 25 15 and grade designations. Hubbards ton...... 50 15 10 725.1044 Extent to which marketings from Stark------50 15 10 * * * * .Other similar varieties__ _ 50 15 10 a farm are subject to penalty. Red June...... 50 15 (*) (c) * * * 725.1045 Disposition of excess tobacco. Williams...... 50 15 (5) 725.1046 Identification of marketings. Other similar varieties...... 50 15 (5) (1) Winter split peas—Ci) Require­725.104T Rate of penalty. Gravenstein...... 25 10 (8) ments. Winter split peas shall be split Duchess...... 25 10 (5) 725.1048 Persons to pay penalty. Other similar varieties9___ 25 10 (5) peas processed from peas of the Austrian 725.1049 Marketing deemed to be excess Red cheeked or blushed: Winter, Romack, and other varieties of ( ) tobacco. Maiden Blhsh...... -j___ (7) « . 8 winter peas of similar seed characteris­ 725.1050 Payment of penalty. Twenty Ounce____ £ ___ (7) (*) Winter Banana.______(7) (?) (?) tics, appearance, and color. 725.1051 Request for return of penalty. Other similar varieties____ 7) (5) (?) - (ii) Grade designation. Winter split Green varieties____ :______(9) - (») (•) R ecords and Reports Yellow varieties...... («) (9) (») peas'shall be graded and designated ac­ Golden Delicious...... ( 10) m ( 10) cording to the grade requirements of the 725.1052 Producer’s records and reports. standards otherwise applicable to such 725.1053 Warehouseman’s records and 1 Arkansas Black, Beacon, Detroit Red, Esopus Spit- split peas, and there shall be added to " reports. zenburg, King David, Lowry, Minjop. 725.1054 Dealer’s records and reports. 2 When Red Sport varieties are specified as such they and made a part of the grade designation 725.1055 Dealers exempt from regular rec­ shall meet the color requirements specified tor Red the word “Winter.” ords and reports. Sport varieties. ? Haralson, Kendall, Macoun, Melba, Snow (Fa- (Sec. 205, 60 Stat. 1090, as amended; 7 U.S.C. 725.1056 Records and reports of truckers meùse). 1624. 19 F.R. 74, as amended) and persons redrying, prizing or < Bonum, Early McIntosh, Limbertwig, Milton, Nero, stemming tobacco. Paragon. This amendment shall become effective 725.1057 Separate records and reports from 5 Tinge of color. « Red Astrachen, Stnokehouse, Summer Rambo. August 1, 1959. persons engaged in more than 1 Blush cheek. This amendment permits the assign­ one business. 8 None. 725.1058 Failure to keep records or make 8 Characteristic ground color. ing of the special grade “winter split 10 75 percent characteristic color. Note: “Character­ peas” to split peas when varieties of reports. istic color” , when the white around the lenticels pre­ winter peas such as Austrian and 725.1059 Additional records and reports to dominates over the green color, creating a mottling Director. effect on the surface of the apple, shall be considered as Romack have been processed by splitting. 725.1060 Examination of records and the minimum characteristic color. Done at Washington, D.C., this 5th. reports. day of June 1959. 725.1061 Length of time records and reports It is hereby found and determined are to be kept. that good cause exists for not postpon­ R oy W. L ennartson, , 725.1062 Information confidential. ing the effective date of this amendment Deputy Administrator, Authority: §§ 725.1030 to 725.1062 issued beyond the date of publication in the Agricultural Marketing Service. under sec. 374, 52 Stat. 66, as amended, F ederal R egister (5 U.S.C. 1003(c)); [F.R. Doc. 59-4789; Filed, June 9, 1959; U.S.C. 1375. Interpret or apply secs. 301, 311, in that: (1) The amendment applies ex­ 8:46 a.m.] ' 314, 372-3.75, 52 Stat. 38, as amended, 47, as clusively to gravenstein apples and the amended, 48, 65 as amended, sec. 401, 63 Stat. harvesting of gravenstein apples will 1054, as amended, sec. 1315, 66 Stat. 597, as commence in June 1059, and it is in the amended, secs. 125, 211, 70 S tat. 198, 2 , best interest of the public and t)ie indus­ Chapter VII— Commodity Stabiliza­ U.S.C. 1301, 1313, 1314, 1372-1374, 1421, 1310, try that the amendment be placed in ef­ tion Service (Farm Marketing 1813, 1860. G eneral fect at the earliest possible date; (2) no Quotas and Acreage Allotments), special preparation for compliance with Department of Agriculture § 725.1030 Basis and purpose. the standards, as amended, on the part of the apple industry is required; and (3). [1026 (Burley, Flue, Fire, Air, and Sections 725.1030 to 725.1062 are issued notice of proposed rule making was pub­ Sun-59 )-l] pursuant to the Agricultural Adjustm ^ct of 1938, as amended, the Agncultur _ lished in the F ederal R egister May 14, PART 725— BURLEY, FLUE-CURED, \ct of 1949, and the Agricultural Act m 1959. FIRE-CURED, DARK AIR-CURED, L956, and govern the issuance of mante Dated: June 5, 1959, to become effec­ AND VIRGINIA SUN-CURED TO­ ng cards for marketing and price tive upon publication in the F ederal BACCO x>rt purposes, the identificatio R egister. tobacco for purposes of n\ar^etl^ 11pC. R oy W . L ennartson, Marketing Quota Regulations, 1959— »frictions and price support, tne Deputy Administrator, 60 Marketing Year Ion and refund of penalties, a Marketing Services. General records and reports incident ther [F.R. Doc. 59-4788; Piled, June 9, 1959; Sec. . the marketing of burley, flue-cur > 8:46 a.m.] 725.1030 Basis and purpose. air-piirfid. and Virgins Wednesday, June 10, 1959 FEDERAL REGISTER 4683 sun-cured tobacco during the 1959-60 (g) “Floor sweepings” means scraps United States Department of Agricul- marketing year. Prior to preparing of tobacco or leaves, other than bundles, turev §§ 725.1030 to 725.1062, public notice (24 of tobacco which accumulate on the --^Burley tobacco, coimprising type 31; pR, 2873) of their formulation was warehouse floor in the regular course of Flue-cured tobaco, comprising types 11, 12, given in accordance with the Adminis­ business and resales of such tobacco. 13 and 14; ^ trative Procedure Act (5 U.S.C. 1003). (h) “Leaf account tobacco” means all Fire-cured tobacco, comprising type 21; The data, views, and recommendations tobacco purchased by or for the account Fire-cured tobacco, comprising types 22, 23, pertaining to §§ 725.1030 to 725.1062, of the warehouse and in addition tobacco,1 and 24; s other than floor sweepings, which ac­ Dark air-cured tobacco, comprising types winch were submitted ha^e been duly 35 and 36; considered within the limits permitted cumulates on $he warehouse floor and is Virginia sun-cured tobacco, comprising by the Agricultural Adjustment Act of gathered up by the warehouseman for type 37. 1938, as amended, and the Agricultural sale, and sales and resales ¡of such to­ Acts of 1949 and 1956. Since county bacco including tobacco from buyers (1) “Discount Variety” means any of committees are novV determining the corrections account. the flue-cured tobacco seed varieties acreage of tobacco on farms, and are (i) “Market” means the disposition in designated as Coker 139, Coker 140 or preparing to issue marketing cards, arid raw or processed form of tobacco by Dixie Bright 244 or a mixture or strain since some farmers are preparing to h a r-. voluntary or involuntary sale, barter, or of such seed varieties (also hereinafter vest tobaccô and disposing of excess to­ exchange, or by gift inter vivos. “Mar­ referred to as “discount varieties” or bacco, and are marketing tobacco- at keting” and “marketed” shall have cor­ “limited support variety”) : Provided, nonwarehouse sale, it is hereby deter­ responding meanings to the term That where there is growing in a field mined that compliance with the provi­ “market.” • off-type plants of not more than* two sions of the Administrative Procedure . (j) “Nonwarehouse sale” means any (2) percent, such off-type plants shall Act with respect' to the effective date is first marketing of farm tobacco other not be considered in determining the contrary to the public interest. Sections than by sale at public auction through a flue-cured tobacco variety being pro­ 725.1030 to 725.1062 shall therefore be­ warehouse in the regular course of busi-' duced. Off-type plants are due to ge­ come effective upon filing with the Dr- ness. netic or environmental factors and shall rector, Division of the Federal Register. (k) “Person” means an individual, be considered as variation within the partnership, association, corporation, variety. Flue-cured tobacco which is not § 725.1031 Definitions. estate or trust, or other business enter­ determined to be discount variety shall As used in §§ 725.1030 to 725.1062, and prise or other legal entity, and wherever be considered as “acceptable variety.”' , in all instructions, forms, and documents applicable, a State, a political subdivision (2) Any tobacco that has the same in connection therewith, the words and of a State or any agency thereof. characteristics and corresponding quali­ phrases defined in this section shall have (l) “Pound” means that amount of ties, colors, and lengths^ as either burley, the meanings herein assigned to them tobacco which, if weighed in its un­ flue-cured, fire-cured, dark air-cured, or unless the context or subject matter stemmed form and in the condition in Virginia sun-cured tobacco shall be con­ otherwise requires. The following words which it is usually marketed by pro­ sidered respectively either burley, flue- and phrases shall have the meanings ducers would equal one pound standard cured, fire-cured, dark air-cured, or Vir­ assigned to them in the regulations con­ weight. ginia sun-cured tobacco regardless of tained in Part 719 of this chapter: (m) “Producer” means a person who, any factors of historical or geographical “Community Committee,” “County Com­ as owner, landlord, tenant or share­ natqre which cannot be determined by mittee,” “County Office Manager,” “Dep-/ cropper is entitled to share in the tobacco exariiination of the tobacco. uty Administrator,” "Farm,” “Operator,” ^available for marketing from the farm or (3) For the purpose of discovering “Secretary.” in the proceeds thereof. * and identifying all tobacco -subject to (a) “Act” means the Agricultural Ad­ (n) “Resale” meqns the disposition by marketing quotas the term “tobacco” justment Act of 1938, as amended. sale, barter, exchange, or gift inter vivos, with respect to any farm located'in an -(b) “Buyers corrections account” of tobacco which has been marketed pre­ area in which burley, flue-cured, fire- means the account required to be kept viously. cured, dark air-cured, or Virginia sun- «y the warehouseman of any tobacco (o) “Sale day” means the period at cured tobacco is normally produced shall ; previously purchased at auction but not - the end of which the warehouseman bills include fa!l acreage of tobacco (without delivered to the buyer or returned by the to buyers the tobacco purchased by them regard to the definition of “tobacco”' ; touyer because of rejection by the buyer, during such period. herein), unless (i) the county commit­ | ticket, or any other valid reason, and (p) “Scrap tobacco” means the resi­ tee with the approval of the State com­ wmch is not turned back to a dealer due which accumulates in the course of. mittee determines that all or a part of other than the warehouseman. Buyers preparing tobacco for market, consisting such acreage should not be considered rrections account shall include errors chiefly of portions of tobacco leaves and as burley, flue-cured, fire-cured, dark a corrections, long and short baskets, leaves of poor quality. air-cured, or Virginia sun-cured tobacco !~a,!,ong and short weights which buyers (q) “State administrative officer” under subparagraph (2) of this para­ ° lc^arge to the warehouse. means the person employed by the State graph, or (ii) the countycommittee with TpJL, parr7‘°ver” tobacco means, with committee to execute the policies of the the approval of the State committee de­ t/v u a.tarm, tobacco produced prior State committee and be responsible for termines from satisfactory proof fur­ iqcQ a beginning of the calendar year the day-to-day operations' of the ASC nished by the operator of the farm that a kas not been marketed or. State' office, or the person acting in such part or all of the production of such acre­ 17251045s n0t *36en disposed °? under capacity. age has been classified pursuant to Part (r) “State committee” means the per­ 29 of this title when marketed as a kind 011 “buyer” means a per- sons in the State designated by the Sec­ of tobacco not subject to marketing ¿ 5 ° eniages to any extent in the retary as the Agricultural Stabilization quotas. Any amount of tobacco so deter­ Producers °f acquudn£ tobacco from and Conservation State committee’. mined as a kind of tobacco not subject to (s) “Suspended sale” means any first marketing quotas shall be converted to ^ i ^ e c t o r ” means Director or Act- acres on the basis of the average yield per marketing of farm tobacco at a ware­ harvested acre of tobacco grown on the % StahiiiW^°baCC0 Division> Commod- house sale for which a memorandum of ¿Partmenf Service’ United States farm in 1959 for the purpose of deter­ m nt of Agriculture. sale is not issued by the end of the sale mining the harvested acreage of such recorder»61!! assistant” or “marketing day on which such marketing occurred. kind of tobacco produced on the farm. (t) “Tobacco” means each one or all, employee / uly authorized (u) “Tobacco available for market­ aent of Atrv!hfLUnited States Depart- as indicated by the context, of the kinds ing” means all tobacco produced on the of tobacco listed in this paragraph com­ thorized emn?UltUre aild any duly au~ farm in the calendar year 1959 plus any office whos^ri!?«66 i°f an ASC county prising the types specified, as classified carryover tobacco, less any tobacco dis­ tionandhnr.rivtles mvolve the prepara­ in Service, and Regulatory Announce­ posed of in accordance with § 725.1045. t i o n * of records and reports ment No. 118 (Part 30, this title) of the (v) “Tobacco subject to marketing g to tobacco marketing quotas. Bureau of Agricultural Economics of- the quotas” means: s ? 4684 RULES AND REGULATIONS

(1) Any burley, fire-cured, dark air- I dentification and L ocation of F arms, than by marketing, in which case the cured or Virginia sun-cured tobacco D etermination of A creage and F lu e - harvested acreage shall be the acreage marketed during the period October 1,^ Cured T obacco S eed Varieties as adjusted by taking into account the 1959 to September 30, 1960, inclusive, § 725.1034 Identification and location portion of the acreage planted which and any burley, fire-cured, dark air- o f farms. will not be harvested or the portion of cured or Virginia sun-cured tobacco the production of the acreage physically produced in the calendar year 1959 and (a) Each farm as operated for the harvested which will be disposed of other marketed prior to October 1, 1959. 1959 crop of tobacco shall be identified than by marketing. (2) Any flue-cured tobacco marketed by a farm serial number assigned by the (e) Amount of excess acreage for pur­ during the period of July 1,1959 to June county office manager and all records pose of issuing marketing card if deter­ 30, 1960, inclusive, and any flue-cured pertaining to marketing quotas for the mination refused. If the farm operator tobacco produced in the calendar year 1959 crop of tobacco shall be identified or his representative prevents the county 1959 and marketed prior to July 1, 1959. by such number. committee from obtaining information (w) “Trucker” means a person who (b) A farm Shall be regarded as lo­ necessary to determine the correct acre­ engages to any extent in idle business of cated in the county in which the princi­ age of tobacco on a farm, in addition to trucking or hauling tobacco for pro­ pal duelling is situated, or if there is no any other liability which might be im­ ducers to a point where it may be mar­ dwelling thereon it shall be regarded as posed upon the operator, and until the' keted or otherwise disposed of in the located in the county in which the major farm operator or his representative per­ form and in the condition in which it is portion of the farm is located. mits a determination of the correct acre­ usually marketed by producers. §725.1035 Determination of tobacco' age, all acreage of tobacco on the farm (x) “Warehouseman” means a person acreage and seed varieties. shall be deemed ta be in excess of the who engages to any extent in the business farm acreage allotment for the purpose of holding sales of tobacco at public auc­ (a) County committees. For the pur­ of issuing a marketing card for the farm. pose of ascertaining with respect to each (f) Prior measurements. Measure­ tion at a warehouse. farm whether there is excess tobacco of ments made prior to the effective date of (y) “Warehouse gross sales” means the 1959 crop available for marketing, this section, and in accordance with pro­ the sum of the weights of all marketings the county committee shall determine cedures then in effect may be utilized of tobacco at auction on a warehouse the acreage of tobacco on each farm in where pertinent for the purpose of ascer­ floor for producers, dealers and the the county for which a 1959 tobacco taining with respect to any farm the warehouseman. acreage allotment has been established 1959 tobacco acreage and the tobacco (z) “Warehouse sale” means a mar­ and on any other farms in the county on acreage in excess of the 1959 farm to­ keting of tobacco by a sale at public which thè county committee has reason bacco acreage allotment. auction through a warehouse in the to believe tobacco was planted. The (g) Identification and Determination regular course of business, and shall in -v county committee’s determination shall of flue-cured tobacco seed varieties and elude all lots or baskets of tobacco mar­ be based upon acreage and performance application for review examination. (1) keted in sequence eCt a given time. determined as provided in the applicable The county committee shall determine § 725.1032 Instructions and forms. provisions of Part 718 of this chapter. for any farm on which flue-cured to­ (b) Variance in measured acreage. bacco is grown in 1959 whether any The Director shall cause to be prepared For the purpose of §§ 725.1030 to 725.1061 tobacco plants on such farm having and issued such forms as are necessary inclusive and subject to the rule of frac­ growth characteristics of discount varie­ and shall cause to be prepared such in­ tions heretofore provided in § 725.1033 ties of flue-cured tobacco have been structions with respect to internal man­ (a), if the tobacco acreage determined planted in fields on such farm. Such de­ agement as are necessary for carrying out for the farm does not exceed the farm termination of the county committee the regulations in tjiis part. The forms tobacco allotment by more than the shall be based upon information con­ and instructions shall be approved by, larger of one-hundredth (0.01) ac(re or tained in Form MQ-32—Flue-Cured, and the instructions shall be issued by twb percent of such allotment not to Certification of Flue-Cured Tobacco Va­ the Deputy Administrator. exceed nine-hundredths (0.09) acre, the rieties Planted in 1959 filed by the opera­ § 725.1033 Extent of calculations and farm tobacco, acreage shall be considered tor of such farm as provided in § 725.1052 rule of fractions. within the allotment. If. the tobacco (b) as well as the failure of the operator acreage determined for the farm exceeds of such farm to file such report; or upon (a) Harvested acreage. The acre-. the allotment by more than this amount, information obtained as hereafter pro- §ge of tobacco harvested on a farm in the tobacco acreage shall be considered ' vided in this paragraph from inspecting, 1959 shall be expressed in hundredths in excess of the farm allotment and dis­ sampling or photographing flue-cured and fractions of less than one hundredth position shall not be limited to the acre­ tobacco, or tobacco plants produced or of an acre shall be dropped. For exam­ age necessary to bring the acreage within grown on such farm in 1959 including ple, 1.550, l;555, orT.559 acres would be- t;he prescribed administrative variance. such plants allowed to go to flower. 1.55 acres. In such cases,s the farm will not be con­ (2) Members of the county committee (b) Percent excess. The percentage of sidered in compliance unless disposition and State committee and any employee excess tobacco available for marketing is made of all acreage in excess of the of the ASC county office designated by from a farm, hereinafter referred to as allotment. the county office manager as a report , tlie “percent excess” shall be expressed in (c) Notice to farm operators. The or any other such employee or employ tenths and fractions of less than one- county committee, as to each farm, shall of the Department of Agriculture desig­ tenth shall be dropped. For example, notify the farm operator the results of nated by the county office manager as 12.59 percent would be 12.5 percent. the measurement of tobacco acreage. a specialist qualified to examine (c) Converted rate of penalty. The (d) Harvested acreage of tobacco for identify seed varieties of flue' cH.eq. te amount of penalty per pound upon mar­ purpose of issuing marketing card. The bacco or any employee of the ASC ketings of tobacco subject to penalty, acreage of tobacco determined or as re- office or employee of the Departin 5 hereinafter referred to as the “converted determineef for a farm by the county Agriculture designated by the »ta rate of penalty” shall be expressed in committee pursuant to this section shall ministrative officer as a specialist quau tenths of a cent and fractions of be the harvested acreage of tobacco for fled to-examine and identify seed less than a tenth shall be dropped, the farm for the purpose of issuing the eties of flue-cured tobacco shall enier except that if the resulting con­ correct marketing card for the farm as upon any farm for the purpose verted rate of penalty is less than a tenth provided in § 725.1038 unless- the farm poses of designating flue-cmedtotacw of a cent, it shall be expressed in hun­ operator furnishes to the county com­ plants on the farm to be allowed to g dredths and fractions of less than a mittee satisfactory proof that a portion to flower, examining the growth charac^ hundredth shall be dropped. For exam­ of the acreage planted will not be har­ teristics of flue-cured tobacco plan ple, 3.68 cents per pound would be 3.6 vested or that a representative portion such farm, taking photographs f ^ cents and 0.068 cent per pound would be of the production of the acreage phys­ cured tobacco plants on the am. 0.06 cent. ically harvested will be disposed of other taking and removing from the Wednesday, June 10, 1959 FEDERAL REGISTER 4685 pies of flue^cured tobacco growing or F arm M arketing Quotas and as provided in § 725.1044 (including zero harvested on the farm in 1959. M arketing Cards penalty except where the provisions of (3) To assist the county committee in § 725.1036 Amount of farm marketing subdivision (ii) of this subparagraph making the determination with respect quota. apply) shall be issued in any case: to seed varieties of flue-cured tobacco (i) Where tobacco js harvested in 1959 planted on a farm as heretofore provided (a) Actual production. The market­ from a farm in excess of the farm acre­ in this paragraph, and at thé request of ing quota for a farm shall be the actual age allotment therefor, or any of the persons authorized as here­ production of tobacco on' the farm (ii) Where tobacco is to be marketed tofore provided in this paragraph to acreage allotment, as established for from a farm in 1959 having carryover enter upon the farm, the operator of the farm in accordance with §§ 725.1011 tobacco available for marketing and the the farm shall allow flue-cured tobacco to 725.1028 (Burled, Flue-Cured, Fire- percent excess determined pursuant to plants designated Joy any of such per­ Cured, Dark Air-Cured, and Virginia § 725.1044(b) exceeds zero percent, or sons to go to fjower, not to exceed 50 Sun-Cured Tobacco Marketing Quota (iii) Where tobacco is produced on representative plants per acre, and shall Regulations, 1959-60 Marketing Year, as land owned by the Federal Government permit any of such persons to examine amended, 23 F.R. 5329, 7878; 24 F.R. in violation df the provisions of a lease the .growth characteristics of flue-cured 2676). The actual production of the restricting the production of tobacco. tobacco plants on the farm, to take and farm acreage allotment shall be the av­ (3) Excess marketing cards showing remove from the farm samples of any erage yield per acre of the entire acreage zero penalty only. An excess marketing flue-cured tobacco for chemical analy­ of tobacco harvested on the farm in card (ineligible for price support loans) ses, and to take photographs of tobacco 1959 times the farm acreage/allotment. showing zero penalty only shall bevissued plants growing on the farm. In the event (b) Excess production. The excess under the following conditions: the farm operator refuses such a request, tobacco on any farm 'shall be (1) that (i) If more than one kind of tobacco a second request by the use of Form quantity of tobacco which is equal to is produced on a farm in 1959, a zero MQ-34-1, Notice Regarding Determi­ the average yield per a'cre of the entire penalty excess marketing card shall be nation of Seed Varieties of 1959 Crop acreage of tobacco harvested on the issued for each kind of tobacco produced Flue-Cured Tobacco, will be sent the farm fqrm in 1959 times the number of acres thereon for which the harvested acreage operator by certified mail by the county harvested in excess of the farm acreage is not in excess of the farm acreage al­ office manager, and if the farm operator allotment plus (2) any excess carryover lotment therefor if at the time of issuing then refuses or wilfully fails to permit, of tobacco. marketing cards for the farm the har­ for variety identification purposes, a § 725:1037 . Transfer of farm marketing vested acreage of any kind of tobacco designated number of flue-cured tobacco quota. is in excess of the farm acreage allot­ plants to each field or area to go to ment for such kind of tobacco; or flower, not to exceed 50 representative There shall be no transfer of farm (ii) For any kind of tobacco produced plants per acre, or refuses to permit, for marketing quotas except as provided in on a farm in 1959 the acreage of which variety identification purposes, the ex­ §§ 725.1020 and 725.1026 of the burley, is in excess of the farm acreage allot­ amination of the growth characteristics flue-cured, fire-cured, dark air-cured, ment therefor and the operator or any of tobacco plants or the taking of sam­ and Virginia sun-cured tobacco market­ other producer on the farm fails to notify ples of flue-cured tobacco for chemical ing quota regulations of this chapter, the county ASC office (with deposit to analyses, or the taking of photographs for determining acreage allotments and cover > the cost as determined by the of flue-cured tobacco plants all the flue- normal yields, 1959-60 marketing year. county committee and approved by the cured tobacco produced on such farm 8 725.1038 Issuance of marketing State committee) of his intention to dis­ as well as on any other farm operated cards. pose of any excess tobacco acreage or to by the same operator in 1959 which can­ A marketing card shall be issued for request remeasurement of the tobaccc^ not otherwise be identified with respect each farm having tobacco available for acreage within ten (10) days (seven days to seed varieties shall be deemed to be marketing. The kind of card to be is­ in the case of flue-cured tobacco grown discount variety flue-cured tobacco for sued for each farm shall bé determined in the State of North Carolina) from the purpose of issuing a marketing card pursuant to paragraphs (a) to (g) of this the date of notice to the farm operator for the farm. ■ Ï section. on Form CSS-590, Notice of Excess Acre­ (4) The county committee shall send (a) Excess marketing cards MQ-77—age, and the tobacco produced on the to the farm operator by certified mail a Tobacco. The provisions of this para­ excess acreage is disposed of other than wntten notice on Form MQ-34-2, Notice graph govern the issuance of excess mar­ by marketing, in accordance with of Determination of Discount Variety of keting cards except with respect to § 725.1045, unless the county committee, Hue-Cured Tobacco, in any case where the issuance of marketing cards for the or the county office manager on behalf tne county committee determines that identification of tobacco grown for ex­ of the county committee, determines bacco plants of the tobacco crop being perimental purposes only, as provided in that failure to file such written request grown in 1959 on the farm have growth paragraph (d) (2) of this section. was due to circumstances beyond the aracteristics of discount varieties of (1) Excess marketing card showingcontrol of the farm operator or producer,. e-cured tobacco. The notice to the full rate of penalty. An excess market­ or perator of the farm shall constitute ing card (ineligible for price support (iii) For “any kind of tobacco physi­ . ,ce i al* person& who as owner, op- loans) showing the full rate of penalty cally harvested from a farm in 1959 from „„„ .1 landlord, tenant, or sharecropper set forth in § 725.1047 (b) shall be issued an acreage in excess of the acreage allot­ ment for the farm and disposed of in srown^ ntere!ted, on the farm. in the tobacco being for a farm in any-case: (1) Where tobacco is harvested in 1959 accordance with § 725.1045(a) unless the Producer on a farm who is county committee, or the county office tisfied with the determination made from a farm for which no 1959 acreage allotment was established, or manager on behalf of the county com­ barin K ®ounty committee that the to- (ii) Where tobacco is harvested inmittee, determines that the acreage of E ?mg Produced on such farm is of 1959 from a farm, as provided in tobacco was not measured or remeas- 1 dpt arm variety may request that such § 725.1035(e), and the farm operator or ured, as the case may be, in sufficient count be reconsidered by the his representative prevents the county time to afford the farm operator an op­ cron ,co,mmittee and that the 1959 committee or its representative from portunity to dispose of the excess acreage varipJ .°,bacco be reexamined by other obtaining information necessary to de­ prior to harvest. j tfanap ^PtlAcation specialists than termine the correct acreage of tobacco.^ (b) Excess marketing cards for flue- oil the farm. cured tobacco stamped or marked “ac­ curort 1 previously examined the flue- ceptable varieties” or “discount■ vari­ ! Such £ * * > being erown on the farm, (2) Excess marketing card showing eties". (1) If an excess marketing card filed ¿ T i m be in writing and be converted rate of penalty or zero penalty. is issued for a farm on which flue-cured within i*16. *oca* ASC county office An excess marketing card (ineligible for tobacco is harvested in 1959 and the op­ (Form S- after the date notice price support loans) showing the extent erator of such farm establishes to the determi« i^ ~ 2* ls mailed to him of the to which marketings of tobacco from, a satisfaction of the county committee termination by the county committee. farm are subject to penalty, determined that no discount variety tobacco was or 4686 RULES AND REGULATIONS will be harvested from such farm or any Marketing Card shall be issued for such purchaser’s copy hnd county copy) other farm operated by the farm opera­ farm under the following conditions: therein shall be stamped or marked “ac­ tor, the excess marketing card and each (1) If the harvested acreage of to­ ceptable varieties” or “discount varie­ memorandum of sale (both purchaser’s' bacco for the farm in 1959 is not in excess ties”, as the case may be. The accept­ copy and county office copy) therein of the farm acreage allotment therefor ance and use of a within quota marketing shall be stamped or marked “acceptable and any excess carryover tobacco can be card or a within quota limited support varieties”. marketed without penalty under the pro­ flue-cured marketing card bearing a (2) If an excess marketing card is is­ visions of § 725.1044(b). notation and information of indebted­ sued for a farm on which flue-cured (2) If the Director Of a publicly-- ness to* the United States by the pro­ tobacco is harvested in 1959 and the owned Agricultural Experiment station ducer named as debtor on such card, operator of such farm fails to establish furnishes to the ASC State office a list' shall constitute an authorization by such to the satisfaction of the county com­ by counties showing the following in­ producer to any tobacco warehouseman mittee that no tobacco having growth formation with respect to each kind of to pay to the United States the price characteristics of discount variety to­ tobacco and farm on which tobacco is support advance due the producer to the bacco was or will be harvested frpm such grown for experimental purposes only: extent of his indebtedness set forth on farm or any other farm operated by the (i) Name and .address*of the publicly- such card but not to exceed that portion farm operator, the excess marketing^;ard owned experiment station, of the price support advance remaining and each memorandum of sale (both (ii) Name of the owner, and name of after deduction of usual warehouse and purchaser’s copy and county office copy) the operator if different from the owner authorized price support charges and therein shall be stamped or marked “dis­ of each farm on which tobacco is grown amounts due prior lien holders. The ac­ count varieties”. for experimental purposes only. ceptance and use of a within quota mar­ (c) Within Quota Limited Support (iii) The amount of acreage of tobacco keting card or a within quota limited sup­ Flue-Cured Marketing Card (MQ-76- grown on each farm for experimental port flue-cured marketing card bearing D—Tobacco), In any case where an purposes only, and a notation and information of indebted­ excess marketing card is not required (iv) A certification signed by the Di­ ness to the United States shall not con­ to be issued for a farm under paragraph rector of the publicly-owned agricultural stitute a waiver of any right by the pro­ (a) of this section and where flue-cured experiment station to the effect that ducer to contest the validity of such — tobacco is harvested in 1959 from such such acreage of tobacco was grown on indebtedness by appropriate administra­ farm, a Within Quota Limited Support each farm for experimental purposes tive appeal or legal action. Flue-Cured Marketing Card (eligible for only; the tobacco was grown under his (2) Any marketing card may be limited price support loans and market­ direction ;» and the acreage on each plot stamped for the purpose of notifying ing without penalty) shall be issued for was considered necessary for carrying warehousemen that the tobacco being such farm under the following conditions out the experiment: Provided, however, marketed pursuant to such card is sub­ unless a zero penalty excess marketing That if the Director of a publicly-owned ject to a lien held by the United States. card is required to be issued as provided agricultural experiment station does not (f) Replacing or issuing additional in paragraph (d) (2) of this section to furnish the informatipn and certification marketing cards. (1) Subject to the ap­ identify tobacco grown for experimental as required above in this subparagraph, proval of the county office manager, two purposes only: an excess marketing card showing zero or more marketing cards may be issued (1) If the operator of such farm, after penalty shall be issued for the purpose of for any farm. Upon the return to the the request of the county committee, identifying tobacco produced for experi­ ASC county office of the marketing card State committee, or their representative mental purposes only under the direc­ a’fter all of the memoranda of sale have fails to file a report on Form MQ-32— tion of such Director. The list required been issued therefrom and before the lflue-Cured, Certification of Flue-Cured in this subparagraph shall be posted and marketing of tobacco from the farm has Tobacco Varieties Planted in 1959, as kept available for public inspection in the been completed, a new marketing card provided in § 725.1052(b), or ASC office of the. county in which the of the same kind, bearing the same (2) If the operator of such farm, after farm^ included in the list are located. name, information, and identification as the request of the county committee, (e) Stamping Within Quota Market­the used tcard shall be issued for the State committee', or their representative, ing Cards (MQ-76-D or MQ-76) to show farm. A new marketing card Of the same refuses or wilfully fails to permit, for producer indebtedness. (1) If any pro­ kind shall be issued to replace a card identification purposes, the examination ducer on a farm is indebted to the United which has been determined by the of growth characteristics of flue-cured States and such indebtedness is listed county office manager to have been lost, tobacco plants on such farm, or the tak­ on, the county debt register, any within destroyed or stolen. ing of samples of flue-cured tobacco or quota marketing card (MQ-76), or any (2) If an excess flue-cured marketing photographs of flue-cured tobacco from within quota limited support flue-cured card (MQ-77) which has been stamped or on such farm as provided in 725.1035 marketing card (MQ-76-D) issued for or marked “discount varieties” is issued (g) (3), or * such farm in accordance "with para­ \mder the provisions of paragraph (b) .(iii) If the operator of such farm fails graphs (c) or (d) of this section shall (2) of this section for any farm, it may, to establish to the satisfaction of the bear the notation “Indebted to U.S.” upon advance notice by the farm opera­ county committee that no tobacco hav­ on the front cover thereof and on the tor to the county committee and witn ing growth characteristics of discount county office copy of each memorandum prior approval of the county committee,. variety tobacco was or will be harvested of sale, and the name of the debtor and be exchanged at the county office by tne on such farm in 1959, or the amount of the indebtedness shall be operator for an excess flue-cured ma - (iv) If the operator of such farm es­ shown on the inside back cover of the keting card (MQ-77) which has wen tablishes to the satisfaction of the county marketing card: Provided, That if the stamped or marked, “acceptable var committee that no tobacco having the producer named as debtor on the card ties” for flue-cure^ tobacco when tne growth characteristics of discount objects to the issuance of or after is­ operator establishes to the satisfa variety tobacco was or will be harvested suance to the use of a within quota mar­ of the county committee that there h in 1959 from such farm/, but he fails to keting card (MQ-76), or a within quota been no commingling or substitution m establish to the satisfaction of the limited support flue-cured marketing discount varieties of flue-cured tobacco county committee that no discount va­ card (MQ-76-D), bearing the notation with any other flue-cured tobacco pr riety tobacco was or will be harvested- and information of indebtedness to the duced on the farm or any otherfarm in 1959 from another farm which he also United States thereon as provided in this operated by him, and that all r_ operates in 1959. .( subparagraph, an excess marketing card variety flue-cured tobacco has b Qr _ (d) Within Quota Marketing Card (ineligible for price support loans) show­ keted or satisfactorily disposed 0 1 ^ (MQ-76-r-Tobacco). In any case Where ing “zero penalty” shall be issued for accounted for, including any ca J an excess marketing card or a within such farm. If an excess flue-cured mar­ discount variety flue-cured tobaccOg quota Limited Support Flue-Cured keting card is issued under this sub- (3) If a Within Quota Marketing Card is not required to be paragraph as provided in paragraph (b) port Flue-Cured Marketing Card (MWj issued for a farm under paragraphs (a) of this section, the excess marketing card 76-D) is issued under the pro any or (c) of this section, a Within Quota and each memorandum of sale (both paragraph (c) of this sect

\ Wednesday, June 10, 1959 FEDERAL REGISTER 4687 farm it may, upon advance notice by the § 725.1041 Successors in interest. § 725.1045, the “percent within quota” farm operator to the county committee Any person who succeeds, other than shall be 100. and with prior approval of the county as a dealer, in whole or in part to thé (3) Determine the “total acres” of committee be exchanged at the county share of a producer in the tobacco avail­ tobacco by adding the “carryover acres” office by the operator for a within Quota able for marketing from a farm shall, to (subparagraph (1) of this paragraph) Marketing Card (MQ-76) for flue-cured the extent of such succession, have the and the acreage of tobacco harvested in tobacco when the operator establishes to same rights as the producer to the use the current year. the satisfaction of the' county commit­ of the marketing card for the farm. (4) Determine the “excess acres” by tee that there has been no commingling subtracting from the “total acres” (sub- or substitution of discount variety flue- § 725.1042 Invalid cards. paragraph (3) of this paragraph) the cured tobacco with any other flue-cured (a) A marketing card shall be in­ sum of the 1959 allotment and the tobacco produced on the farm or any valid if: “within quota carryover acres” (subpara­ other farm operated by him, and that (1) It is not issued or delivered in the graph (2) of this paragraph). all discount variety flue-cured tobacco form and manner prescribed; (5) Determine the percent excess by has been marketed or satisfactorily dis­ (2) Entries are omitted or incorrect; dividing the “total acres” into the “excess posed of or accounted for, including any (3) It is lost, destroyed, stolen or be­ acres” (subparagraph (4) of this para­ carry-over discount variety of flue-cured comes illegible; or graph) . tobacco. (4) Any.erasure or alternation has (6) Those persons having an interest (g) Issuance of marketing cards (MQ- been made, and not properly initialed. in the carryover tobacco for a farm shall I6-D or MQ-76) to identify flue-cured (b) In the event any marketing card be liable for the payment of any penalty tobacco produced by a publicly oumed becomes invalid (other than by loss, de­ due thereon. . agricultural experiment station. If un­ struction, or theft,, or by omission, alter­ (c) For the purpose of determining der the provisions of paragraph (c) or ation or incorrect entry which cannot the penalty due on each marketing by a (d) of this section a farm on which be corrected by a field assistant), the producer of tobacco subject to penalty, tobacco is grown for experimental pur- farm operator, or the person having the the converted rate of penalty per pound roses only is eligible~for the issuance of shall be determined by multiplying the roth a Within Quota Limited Support card in his possession, shall return it to Flue-Cured Marketing Card (MQ-76-D) the ASC office at which it was issued. applicable rate of penalty by the percent and a Within Quota Flue-Cured Market­ (c) If any entry is not made on a mar­ excess obtained under paragraph (a) or ing Card (MQ-76), notwithstanding the keting card as required, eithèr through (b) of this .section. The memorandum provisions of paragraph (f) (3) of this^ omission/ or incorrect entry, and the of sale issued to identify each such mar­ section, an MQ-76-D marketing card proper entry is made and initialed by a keting shall show the amount of penalty may be issued prior to or simultaneous field assistant, then such card shall be­ due. with the issuance of an MQ-76 market­ come valid. § 725.1045 Disposition of excess to- ing card for flue-cured tobacco- if the §725.1043 Report of misuse of market­ bac«o. Director of a publicly owned agricultural ing card. (a) The farm operator may elect to experiment station furnishes, in addition Any information which causes a field give satisfactory proof of disposition of to the information and certification re­ excess tobacco prior to the marketing-of quired under paragraph (d) (2) of this assistant, a member of a State, county, section, the following: ' * or community committee, or an employee any tobacco from the farm by furnishing (1) A list by counties, showing for of an ASC State or county office to be­ to the county committee satisfactory each farm on which tobacco is grown for lieve that any tobacco which actually proof that excess tobacco representative experimental purposes only the acreage was produced on one farm has been or of the entire crop will not be marketed. of discount varieties grown is being marketed under the marketing (b) If the 1959 harvested acreage is (2) A certification that all discount card issued for another farm shall be less than the 1959 allotment, an amount varieties of tobacco grown have been reported immediately by such person to of any tobacco from the farm which was kept separate by varieties from tobacco the ASC county or State office. placed under storage for a prior market­ ing year equal to the normal production of any other varieties during harvest and M arketing or Other D ispo sitio n of of the acreage by which the 1959 har­ Preparation for market and that each 'Tobacco and P enalties discount variety of tobacco will be mar­ vested acreage plus any acreage added keted separately by use of a Within § 725.1044 Extent to which marketings with respect to any excess carry-over Quota Limited Support Flue-Cured Mar­ from a farm are subject to penalty.- tobacco for the farm pursuant to § 725.- keting Card (MQ-76—D) ; and (a) Marketings of tobacco from a farm 1044(b) is less than the 1959 allotment Q An agreement to notify the ASC having no carryover tobacco available may be marketed penalty free. * otate administrative officer as to the for marketing shall be subject to penalty § 725.1046 Identification of market­ place and date of sale of discount vari­ by the percent excess determined as fol­ ings. eties of flue-cured tobacco. lows: Divide the acreage of tobacco har­ vested in excess of the farm acreage al­ Subject to paragraph (a) of this sec­ §725.1039 Person authorized to issu lotment and not disposed of under tion, each marketing of tobacco from a marketing cards. § 725.1045Jiy the total acreage of tobacco farm shall be identified by an executed yj*? ’^ county office manager sha' harvested from the farm. memorandum of sale from the 1959 marketing card (MQ-76—Tobacco, MQ- molw°nsible for the issuance of tobacc (b) Marketings of tobacco from a 76-D-—Tobacco, or MQ-77—Tobacco) is­ inpiiil- g- £ards f°r farms in the county farm having carryover tobacco available sued for the farm on which the tobacco farms on which tobacco i for marketing shall be subject to penalty was produced. In addition, as provided unhiipi, r experimental purposes by by the percent excess determined as in paragraph (b) of this section, in the' station^ ° Wned asricultural experimen follows: (1) Determine the number of “carry­ case of nonwarehouse sales each market­ th ? L S h marketing card shall bea ing shall also be identified by an executed over” acres by dividing the number of bill of nonWarehouse sale (reverse side countv Affî°r ?acsunile signature of th pounds of carryover tobacco from the of memorandum of sale). card y ti? C* manager wh(> issues th prior years by the normal yield for the affivi CT facsimile signature may b farm for that year. (a) Memorandum of sale and sale offici by n employee of the ASC count without marketing card. (1). If a (2) Determine the number of “within memorandum of sale is not executed to quota carryover acres” by multiplying identify a warehouse sale of producer’s ketinff ^j&hts of producers in the “carryover acres” (subparagraph (1) tobacco by the end of the sale day on of this paragraph) by the “percent which the tobacco was marketed, the t°CoawHiUCMr having a share ii within quota” (i.e., 100 percent minus marketing shall be a suspended sale, ia"n shall hlable*ior marketing fr< the percent excess) for the year in which and, unless a memorandum identifying marketme- m i^tled to the Use o: the carryover tobacco was produced, the tobacco so marketed is executed on ttarketS S ;d ^ssued fAT the fara except that if the excess portion-of the or before the last warehouse sale day of No. 113his---- proportionate2 share carryover tobacco is disposed of under the marketing season, or within four 4688 RULES AND. REGULATIONS weeks after the date of marketing, who is authorized to issue a memoran­ houseman who may deduct an amount whichever comes first, the marketing dum of sale and for recording in MQ- equivalent to the penalty from the price shall be identified by MQ-82—Tobacco, 79—Tobacco. paid to the producer. Sale Without Marketing Card, as a mar­ (c) Separate display on warehouse (b) Nonwarehouse sale. The penalty keting of excess tobacco. The memo­ floor. Any warehouseman upon whose due on tobacco purchased directly from randum of sale or MQ-82—-Tobacco floor more than' one kind of tobacco is a producer, other than at public auction shall be executed only by a field assist­ offered for sale at public auction shall through a warehouse, shall be paid by ant or other representative of the State, for each different kind of tobacco: the purchaser of the tobacco who may administrative officer with the follow-' (1) Display it in separate areas on the deduct an amount equivalent to the pen­ ing exceptions: warehouse floor. alty from the price paid to the producer. (1) A warehouseman, or his repre­ (2) Identify each basket by a dis- (c) Marketings through an agent. sentative, who Jias been authorized on tinguishably different basket ticket The penalty due on marketings by a pro­ MQ-78—Tobacco, may issue a memo­ clearly showing the kind of tobacco. ducer through an agent who is not a randum of sale to identify a warehouse (3) Make and keep records that will warehouseman shall be paid by the agent sale if a field assistant is not available at insure a separate accounting and report­ who may deduct an amount equivalent to the warehouse when the marketing card ing of each of such kinds of tobacco sold the penalty from the price paid to the is presented. Each memorandum of at auction over the warehouse floor. producer. sale issued by a warehouseman to cover § 725.1047 Rate o f penalty. (d) Marketings outside the United a warehouse sale shall be presented States. The penalty due on marketings promptly by him to the field assistant for Marketings of each kind of excess to­ by a producer directly to any person out­ verification with the warehouse records. bacco from a farm 'shall be subject to side the United States shall be paid by (ii) In the case of flue-cured tobacco a penalty per pound equal to seventy-five the producer. only a dealer, or his authorized repre­ (75) percent of the average market price for the kind of tobacco for the 1958-59 § 725.1049 Marketings deemed to bè sentative, operating a receiving point for excess tobacco. scrap tobacco at a redrying plant (and marketing year as determined by the other regular receiving points operated Crop Reporting Board, Agricultural Mar­ Any marketing of tobacco under any by such dealer or his agent or employees) keting Service, United States Depart­ one of the following conditions shall be or at an auction warehouse, who keeps ment of Agriculture. The rate of pen­ deemed to be a marketing of excess records showing the information speci­ alty per pound shall be calculated to the tobacco: fied in § 725.1054, and who has been nearest whole cent. (a) Warehouse sale without memo- authorized on MQ-78—Tobacco, may (a) Average- market price. The aver­ randum of sale. Anfr warehouse sale of issue a memorandum of sale covering a age market price as determined by the tobacco by a producer which is not iden­ purchase of ¡Scrap tobacco only if the Crop Reporting Board, Agricultural tified by a valid memorandum of sale on bill of nonwarehouse sale hag been Marketing Service, United States De­ or before the last warehouse sale day of executed. partment of Agriculture, for the 1958- the marketing "season or within four (iii) A dealer, or his authorized repre­ 59 marketing year was 66.1 cents per weeks following the date of marketing sentative, operating a regular receiving pound in the case of burley tobacco, whichever comes first', shall be identified point for tobacco who keeps records 58.2 cents per pound in the case of flue- by a. MQ-82—Tobacco, and shall be showing the information specified in cured tobacco, 36.9 cents per pound in deemed to be a marketing of excess to­ § 725.1054 and who has been authorized the case of fire-cured (type 21) tobacco, bacco. The penalty thereon shall be paid on MQ-78—Tobacco, may issue memo­ 38.1 cents per pound in the case of fire- by the warehouseman. randa of sale covering tobacco delivered cured (types 22, 23 and 24) tobacco, (b) Nonwarehouse sale. Any non­ directly to such receiving point and 38.4 cents per pound in' the case of dark warehouse sale which: marketed to such dealer. air-cured tobacco, and 36.8 cents per , (1) -Is not identified by a valid bill of (2) The authorization on MQ-78— pound in the case of Virginia /Sun-cured nonwarehouse sale (reverse side of tobacco. memorandum of sale), arid Tobacco to issue memoranda of sale may (2) Is not also identified by a valid be withdrawn by the State administra­ (b) Rate of penalty per pound. The penalty per pound upon marketings of memorandum of sale and recorded in tive officer from any or all persons so MQ-79—Tobacco not later than the end authorized if such action is determined excess tobacco subject to marketing to be necessary in order to properly en­ quotas during the 1959-60 marketing of the calendar week in which the to- force the provisions of '§§ 725.1030 to year shall be fifty (50) cents per pound cco was purchased, or ,. in the case of burley tobacco, forty-four (3) If purchased prior to the opening 725.1062. The authorization shall ter­ the local auction market, is not lden- minate upon receipt of written notice (44) cents per pound in the case of flue- cured tobacco, twenty-eight (28) cents ied by a valid memorandum of saie setting forth the reason therefor. d recorded in MQ-79—Tobacco, (3) Each excess memorandum of sale per pound in the case of fire-cured (type 21) tobacco, twenty-nine (29) ,er than the end of the calendar w issued by a field assistant shall be verified iich would include the first sale d y by a warehouseman or dealer (dr his cents per pound in the case of fire-cured (types "22, 23 and 24) tobacco, twenty- 3 local auction markets, shall w representative) to determine whether emed to be a marketing of excess to- the amount of penalty shown to be due nine (29) cents per pouna in the case of dark air-cured tobacco, and twenty- ,cco. The penalty thereon shall be has been correctly computed and such id by the purchaser of such tobacco, warehouseman or dealer shall not be eight (28) cents per pound in the case of Virginia sun-cured tobacco. (c) Leaf account tobacco. J L relieved of any liability with respect to all of any marketing by a warehou - the\ amount of penalty due because of (c) Proportional rate of penalty. With respect to tobacco marketed from in which such warehouseman repre^ any error which may occur in executing its to be a leaf account resrfe bu the memorandum of sale. farms having tobacco available for mar­ keting in excess of the farm marketing tich when added to prior eaf accoim (b) Bill of nonwarehouse sale. (1) sales is in excess of prior *ea* ding Each nonwarehouse sale shall be iden­ quota the penalty shall be paid upon tified by a bill of nonwarehouse sale that percentage of each lot of tobacco rchases, recognizing buyers marketed which the tobacco available propriate adjustments from¡ Buyer, completely executed by the buyer and irrections Account, shall be unjess the farm operator. for marketing in excess of the farm mar­ keting quota is of the total amount of a marketing of excess tobaccb ^ (2) The word “scrap” shall be plainly tobacco available for marketing from d until such warehousemanaJ ^ ittee written on ariy bill of non warehouse sale the farm, as determined under § 725.1044. oof acceptable to the Stat not a or memorandum of sale executed to cover owing that such pen- scrap tobacco, and all such bills of non­ §725.1048 Persons to pay penalty. . _tobacco. * _ warehouse sale shall be delivered to a The persons to pay the penalty due person who is authorized to issue memo­ on any marketing of tobacco subject to randa of sale. penalty shall be determined as follows: “K e r t tobacco. & * * £ £ (3) Each bill of nonwarehouse sale (a) Warehouse sale. The penalty due 7 marketing of tobacco by re_ covering any marketing including scrap on marketings by a producer through a such dealer represents to be^ tobacco shall be presented to a person warehouse shall be paid by the ware­ ut which when added t P f. Wednesday, June 10, 1959 FEDERAL REGISTER 4689 sales by such dealer is in excess of the (2) Neither the farm operator nor any R ecords and R eports total of his prior purchases shall be producer on the farm had actual knowl­ deemed to be a marketing of excess to­ edge of the error in timfe to adjust the § 725.1052 Producer’s records and re­ bacco unless and until such dealer fur­ excess acreage prior to completion of ports. nishes proof acceptable to the State marketing of tobacco from the farm; (a) Report of tobacco acreage. The committee showing that such marketing (3) The incorrect notice was the re­ farm operator or any producer on the is not a marketing of excess tobacco. sult of an error made by the^perf ormance farm shall execute and file "a report with The penalty thereon shall be paid by reporter or by another employee of the the ASC county office or a representative the dealer. county or State office in reporting, com­ of the county committee on Form CSS- (e) Marketings not reported. Any fes­puting, or recording the tobacco acreage* 578, Report of Acreage, showing all fields sale of tobacco which under §§ 725.1030 for the farm; of tobacco on the farm in 1959. If any to 725.1062 is required to be reported by (4) Neither the farm operator nor any producer on a farm files or aids or a warehouseman, or dealer but which is producer on the farm was in any way acquiesces iri the filing of any false re­ not so reported within the time and in responsible for the error; and port with respect to the acreage of to­ the manner required by §§ 725.1030 to (5) The extent of the error in the bacco grown on the farm, even though 725.1062 shall be deemed to be a mar­ notice was such that the farm operator the farm operator or his representatives keting of excess tobacco unless and until would not reasonably be expected to refuses to sign such report, the allotment such warehouseman or dealer furnishes question the acreage of which he was next established for such farm and kind a report of such resale which is accept­ erroneously notified. of tobacco shall be reduced, except that able to the State administrative officer. such reduction for any such farm shall The penalty thereon shall be paid by the § 725.1050 Payment o f penalty. not be made if the county and State com­ warehouseman or dealer who fails to (a) Date due. Penalties shall become mittee determine that no person con­ make the report as required. due at the time the tobacco is marketed, nected with such farm caused, aided or ,(f) Marketings falsely identified "by a except that (1) in the case of tobacco acquiesced in such marketing, pursuant person other than the producer. If any removed from storage under bond, pen-' to applicable Tobacco Marketing Quota marketing of tobacco by a person other alty shall be due on the date of such Regulations for Determining Acreage than the producer thereof is identified removal from storage, or (2) in the case Allotments and Normal Yields. by a marketing card other than the mar­ of false identification or failure to ac­ (b) Report of flue-cured tobacco va­ keting card issued for thè farm on which count for disposition of tobacco, penalty rieties planted. To assist the county such tobacco was produced, such mar­ shall be due on the date of such false committee in determining if there has keting shall be deemed to be a marketing identification or failure to account for been planted on a farm in 1959 any of the of excess tobacco and,the penalty thereon disposition. Penalty shall be paid by discount varieties of flue-cured tobacco shall be paid by such person. remitting the amount thereof to the ASC the operator of each farm on which flue- (g) Producer marketings. (1) If any State office not1 later than the end of cured tobacco is planted in 1959, shall producer falsely identifies or fails to ac­ the calendar week in which the tobacco execute and file a report with the ASC count for the disposition of any tobacco became subject to penalty. A draft, county office or a representative .of the produced on a farm, an amount of to­ money order, or check drawn payable to county committee on Form MQ-32— bacco equal to the normal yield of the the Commodity Stabilization Service Flue-Cured, Certification of Flue-Cured number of acres harvested in 1959 in may be used to pay any penalty, but any Tobacco Varities Planted which will excess of the farm acreage allotment such draft or check shall be received clearly state whether any discount vari­ shall be deemed to have been marketed subject to payment at par. eties-were or were not planted on the as excess tobacco from such farm. The (b) • Warehouse sale; net proceeds. If farm in 1959. If the farm operator has penalty thereon for false identification or the penalty due on any warehouse sale executed and filed a report with ASC failure to account shall be paid by thé of tobacco by a producer as determined county office or a representative of the producer and shall be due on the date of under § 725.1030 to 725.1062 is in excess county committee on Form MQ-32 which the false identification-or failure to ac­ of the net proceeds of such sale (gross shows there was not planted on any farm count. The filing of a report by a pro­ amount for all lots included in the sale operated by him in 1959 any of the dis­ ducer under § 725.1052(e) which the less usual warehouse, charges), the count varieties of flue-cured tobacco and State committee finds to be incomplete amount of the net proceeds accompanied the farm operator wishes to change this or incorrect or the failure to file such a by a copy of the warehouse bill covering certification to show there were planted as required by said regulations, such sale may be remitted as the full on such farm some of such seed varieties shall constitute a failure to account for penalty due. Usual warehouse charges of flue-cured tobacco," he shall, at any the disposition of tobacco produced on shall not include (1) advances to pro­ time prior to the issuance of a marketing the farm. card for.the farm, be permitted upon re­ ducers, (2) charges for hauling, or (3) quest to the county committee or its „ ^ after part or all of the tobacc any other charges not usually incurred on a farm has been marketer representative to execute and file a new . 5tate or county committee redet'ei by producers in marketing tobacco Form MQ-32 which shall supersede and ™nes that the harvested acreage for th through an auction warehouse. replace thè first Form MQ-32 for the ^ more than that shown by th (c) Nonuxirehouse . sale; converted farm. If the farm operator fails to file Prior determinatieri, and if the harveste penalty fate. Nonwarehouse sales, in­ Form MQ-32 as requested or files a Form ttiQ nia^ n°t be deemed to be withi cluding sales of scrap tobacco, shall be MQ-32, including a second Form MQ-32, Daraa51\ ac,ieage allotment pursuant t subject to the converted rate of penalty which is found by the State or county altv Bf[,aph ***> of this section, any per for the farm on which the tobacco was committee to be incomplete or incorrect, Z S t on the basis of the harveste produced without regard to the net pro­ all the flue-cured tobacco produced on ' H ?iL “ ureaetennlned pursuant t ceeds of the sale. the farm or farms by such operator in (M be paid by the produce: 1959 will be subject to marketing under mpnm> rro]le°us notice of measure § 725.1051 Request for return of either a within quota Limited Support tS S ' *f Jt is determined that th penalty. Marketing Card or an Excess Marketing Any producer of tobacco after the Card as determined under § 725.1038(a) theioha!^6^ 6 on a far01 is lareer tha or (c). Proven aCC? farm acrease allotment ap marketing of all tobacco available for (c) Report on marketing card. The b e d S ^ ir § 725-1027’ such farm sha marketing from the farm and any other operator of each farm on which tobacco meat to have not exceeded its allot person who bore the burden of the pay­ is produced in 1959 shall return to the approval £0Unty committee, with th ment of any penalty may request the ASC county office each marketing card CerP L J of .the state administrative offi return of the amount of such penalty issued for the farm whenever marketings which is in excess of the amount required the facte and from the farm are completed and in no under §§ 725.1030 to 725.1062 to be paid. event later than thirty (30) days after relianeP!! exc®ss acreage was caused b Such request shall be filed on MQ-85— the close of the tobacco auction markets ator on g00c* faith by the farm oper Tobacco with the ASC county office for the locality in which the farm is lo­ acreage- rroneous notice of measure within two (2) years after the payment cated. Failure to return the marketing of the penalty. card within fifteen (15) days after writ- 4690 RULES AND REGULATIONS ten request by certified mail from the and is harvested for marketing from the (6) In the case of resales for dealers county office manager shall constitute same acreage of a farm, the acreage al­ the name of the dealer making each re­ failure to account for disposition of lotment next established for such farm sale shall be shown on the warehouse tobacco marketed from the farm unless shall be reduced by an amount equiva­ recordé so that the individual lots of disposition of all tobacco marketed from lent to the acreage from which more than tobacco sold by the dealer can be the farm is accounted for as proyided in one crop of tobacco was so grown and identified. paragraph (e) of this section. harvested pursuant to applicable tobacco (b) Identification of sale on check (d) False identification. If tobacco marketing quota regulations for deter­ register. The serial number of the was marketed or was permitted to be mining acreage allotments and normal memorandum of sale issued to identify marketed in any marketing year as hav- t yields. each warehouse sale by a producer or ing been produced on the acreage allot­ § 725.1053 Warehouseman’s records the number of the warehouse bill(s) ment for any farm which fix fact was and reports. covering each such sale shall be recorded produced on a different farm, the acre­ on the check register or check stub for age allotment next established for both (a) Record of marketing. (1) Each the check written with respect to such such farms and kind of tobacco shall be warehouseman shall keep such records as sale of tobacco. reduced, except that such reduction for will enable him to furnish the ASC State (c) Memorandum of sàie and bill of any such farm shall not be made if the office with respect to each warehouse nonwarehouse sale. A record in the county and State committees determine sale of tobacco made at his warehouse form of a valid memorandum of sale or that no person connected with such farm the following information. a MQ-82—Tobacco, Sale Without Mar­ caused, aided or acquiesced in such mar­ (1) The name of the operator of the keting Card, shall be obtained by a ware­ keting, pursuant to Applicable tobacco farm on which the tobacco was produced houseman to cover each marketing of marketing quota regulations for deter­ and the name of the seller in the cas^ tobacco from a farm through the ware­ mining acreage allotments and norihal of a sale by a producer, and in the case house and each nonwarehouse sale 9f yields, 1960-61 marketing year. of a resale the name of the seller. tobacco purchased by or for the ware­ (e) Report of production and dispo­ (ii) Date of sale. houseman. For a nonwarehoüse sale of sition. In addition to any other reports (iii) Number of pounds sold. tobacco purchased by*or for a ware­ which may be required under §§ 725.1030 (iv) Gross sale price. houseman, no memorandum of sale shall to 725.1062, the operator on each farm (v) Amount of any penalty and the be issued unless the bill of nonware­ or any producer .on the farm (even amount of any deduction on account of house sale on the reverse side of the though the harvested acreage does not penalty from the price paid the pro­ memorandum is executed. Any ware­ exceed the acreage allotment or even ducer (s) ; and in addition with respect to houseman who obtains possession of any though no allotment, was established for each individual basket or lot of1 tobacco scrap tobacco in the course of grading the farm) shall upon written request by constituting the warehouse sale the fol­ tobacco from any farm and any ware­ registered or certified mail from the lowing information: houseman who obtains possession of any State administrative officer within fif­ (vi) ^ Name of purchaser. scrap tobacco as a result of providing teen (15) days after deposit of such re­ (vii) Number of pounds sold. curing space of stripping space for farm­ quest in the United States mails ad­ (viii) Gross sale price. ers shall obtain a bill of nonwarehouse dressed to such person at his last known (2) Records oi all purchases and re­ sale and a memorandum of sale to cover address, furnish the Secretary on Form sales of tobacGo by the warehouseman the amount of such scrap tobacco. MQ-108—Tobacco a written report of shall be maintained to show a separate (d) Suspended sale record. Any the acreage, production, and disposition account for: warehouse bills covering farm tobacco of all tobacco produced on the farm by (i) Nonwarehouse sales by farmers of for which memoranda of sale have not sending the same to the ASC State office tobacco purchased by or on behalf of been issued at the end of the sale day showing, as to the farm at the time of the warehouseman. • , shall be presented to a field assistant who filing Such report, (1) the. number of (ii) Purchases and resales of leaf ac­ shall stamp such bills “Suspended,” fields (patches or areas) from which count tobacco. write thereon the serial number of the tobacco was harvested, the acres of to­ (iii) Resales of floor sweepings. suspended sale, and record the bills on bacco harvested from each such field, (3) For the Buyers Corrections Ac­ MQ-83—Tobacco, Field Assistant’s Re­ and the total acreage of tobacco har­ count, as defined in section 725.1031(b), port: Provided, That if a field assistant vested from the farm, (2) the total the warehouseman shall make and keep is not available, the warehouseman may pounds of tobacco produced, (3) the records that will insure a . separate ac­ stamp such bills “Suspended” and de­ amount of tobacco on .hand and its lo­ counting and reporting, both pounds liver them to a field assistant when one cation, and (4) as to each lot of tobacco and amount, to the ASC State office of is available. . , marketed, the name and address of the ... (i) Buyer adjustment invoices reflect­ (e) Warehouse entries on dealers warehouseman, dealer, or other person * ing any billing errors and corrections, record. Each warehouseman shall re­ to or through whom such tobacco was (ii) . Buyer adjustment invoices reflect­cord on MQ-79—Tobacco the total pur­ marketed and the number of pounds ing any long and short baskets, and chases and resales made by each deaie marketed, the gross price and the date (iii) Buyer adjustment invoices., re­ or other warehouseman during each s of the marketing. Failure to file the flecting any long and short weights. day at the warehouse and enter his ini­ MQ-108 as requested, the filing of a false tials in the .space provided. If any# to­ MQ-108, or the filing of a MQ-108 If a warehouse maintains a daily sum­ bacco resold by the dealer is tobacco which is found by the State committee mary of bill-outs, the balancing figure bought by him from a crop produced to be incomplete or incorrect shall con­ reflected thereon, if any, .shall not be prior to 1959 the entry on MQ-va—im­ stitute failure of ,the producer to ac­ included in the Buyers Corrections Ac­ bacco shàll clearly show such fact. _ count for disposition of tobacco produced count. ii) Record and report of purcft u on the farm ahd the allotment next es­ (4) Any warehouseman or any other and resales. Each warehouseman sha tablished for such farm and kind of person who grades tobacco for farmers keep a record and make reportsj. ing. tobacco shall be reduced, except that shall maintain records which will enable 79—Tobacco, D ear's BMOrd showi^ such reduction for any such farm shall him to furnish the ASC State office the (1) All purchases of tobacco a not be made if the county and State com­ name of the farm operator and the ap­ from producers other than at paWBcaj^ mittee determine that no person con­ proximate amount of scrap tobacco ob­ tion through a warehouse (n ^ nected with such farm caused, aided, or tained from the grading of tobacco from house sales). , ... nf to- acquiesced in such marketing, pursuant each farm. (2) All purchases and resales to applicable tobacco marketing quota / (5) Any warehouseman or any other bacco at public auction throug person who provides tobacco curing houses other than his h cc0 from regulations for determining acreage al­ space or stripping space for farmers shall . (3) All purchases of UW» lotments and normal yields. maintain records which will enable him dealers other than warehousemen^^ (f) Harvesting second tobacco cropto furnish the ASC State office the name resales of tobacco to dealer from same acreage. If in the calendar of the farm operator and the approxi­ warehousemen. . year 1959 more than one crop of tobacco mate amount of scrap tobacco obtained was grown from (1) the same tobacco from each farm resulting from providing MQ-79—Tobacco shall be P^gffgtJte plants, or (2) different tobacco plants, such space. a copy forwarded to the ao Wednesday, June 10, 1959 FEDERAL REGISTER 4691 office not later than the end of the cal­ including resales of tobacco from Buyer (2) The total pounds and amount of endar week in which such tobacco was Corrections Account. leaf account tobacco purchased at auc­ purchased or resold: Provided, That if (4) The total pounds and gross tion on his own warehouse floor. tobacco is purchased prior to the opening amount of all resales at auction of (1) Additional records and reports by of the local auction market an MQ-79— floor sweepings which accumulated on warehousemen. Each warehouseman Tobacco shall be prepared and a copy the warehouseman’s own floor. shall keep such records and furnish such forwarded to the ASC State office not (5> The total pounds and gross reports to the ASC State office, in addi­ later than the end of the calendar week amount of all tobacco purchased directly tion to the foregoing, as the State ad­ which would include the first sale day of from farmers other than at public auc­ ministrative officer may find necessary the local auction markets. A remittance tion through a warehouse. to insure the proper identification of the for all penalties shown by the entries (6) The total pounds and gross marketings of tobacco and the collection on MQ-79—Tobacco and on the memo­ amount of all purchases and resales of of penalties due thereon as provided in randa of sale to be due shall be forwarded all leaf account tobacco, at other ware­ §§ 725.1030 to 725.1062. to the ASC State office with the original houses and purchases from and resales § 725.1054 Dealer’s record and reports. copy of MQ-79—Tobacco. to dealers. (g) Identification of flue-cured leaf (7) The total pounds and gross Each dealer except as provided in account tobacco as acceptable variety amount of resales of floor sweepings § 725.1055 and any dealer or any other and reports on MQ-79-1 (flue-cured). which accumulated on the warehouse­ person as provided in paragraph (e) of (1) Each warehouseman who offers for man’s own floor and sold at other ware­ this, section shall keep the records and auction sale any leaf account flue-cured houses or to dealers. make the reports as provided by this tobacco on a warehouse floor other than (8) The pounds and estimated value section. his own and who requests the other ware­ of all tobacco on hand at the time of fil­ (a) Report of dealer's name, address houseman to identify such tobacco as ing the report and whether such tobacco and registration number. Each dealer being an “acceptable variety” shall either represents leaf account tobacco, or floor shall properly execute and the field as­ (i) execute Form MQ-79-1 (Flue-Cured), sweepings which accumulates on the sistant shall detach and forward to the Dealers Certification—Resale Tobacco or warehouseman’s own floor. ASC State office “Receipt for Dealer’s (ii) have the eligibility of such tobacco (9) The sum of the debits and the Record” contained in MQ-79—Tobacco to be so identified determined by the Di­ sum of the credits, pounds and amounts, which is issued to the dealer. rector or his representative. from the Buyer Corrections Account (b) Record of marketing. Each dealer (2) Each warehouseman who is par­ (§ 725.1053(b)). shall keep such records as will enable ticipating in the Commodity Credit Cor­ (i) Report of penalties. Each ware­ him to furnish the ASC State office with poration price support program and who houseman shall make reports on MQ- respect to each lot of tobacco purchased identifies resale tobacco with a “certi­ 81—Tobacco, Report of Penalties, show­ by him the following information: fied” basket ticket indicating that such ing for each sale of tobacco at auction (1) The name of the warehouse tobacco by virtue of an executed Form subject to penalty: - through which the tobacco was pur­ MQ-79-1 (Flue-Cured) Dealers Certifi­ (1) The name of the farm operator. chased in the case of a warehouse sale; cation-Resale Tobacco is of an accept­ (2> The memorandum numberr the name of the operator of the farm on able variety, shall at the time the tobacco (3) The name of the county in which which the tobacco was produced and the is weighed in have such tobacco covered the farm is located. name of the seller in the case of a non­ by an executed Form MQ-79-1 unless the (4) The farm serial number. warehouse sale; and the name of the eligibility of such tobacco to be identified (5) The number of pounds sold. seller in the case of purchases directly as being of an acceptable variety is de­ (6) The amount of penalty due on from warehousemen or other dealers. termined by the Director or his repre­ each such sale, and (2) Date of purchase. sentative. (7) The applicable converted rate of (3) Number of pounds purchased. (3) Each executed MQ-79-1 (Flue- penalty. (4) Gross purchase price. Cured) , Dealers Certificates—Resale To­ MQ-81—Tobacco shall be prepared for (5) Amount of any penalty and the bacco, shall show the following informa­ each week and forwarded together with amount of any deduction on account of tion with respect to each lot of resale remittance of the penalty due as shown penalty from the price paid the pro­ tobacco: thereon to the ASC State office not later ducer (s) ; and with respect to each lot (i) Crop year. than the end of the calendar week in of tobacco sold by him the following (ii) Name and address of warehouse which the tobacco became subject to information: where the tobacco is being offered for penalty. (6) Name of the warehouse through sale. (j) Report of resales. Each ware­ which the tobacco was sold in the case (iii) Floor sheet number and date. houseman shall make reports on MQ— of a warehouse sale, and the name of the (iv) Date and signature of dealer and 86—Tobacco, Report of Resales, showing purchaser if other than a warehouse current address. for each resale of tobacco at auction on - sale. (v) Dealer’s Record Book number the warehouse floor: (7) Date of sale. here the resale will be recorded. (8) Number of pounds sold. (1) The warehouse bill number. (9) Gross sale price. ^ ™eason re7>ort of warehouse busi- (2) The name on the warehouse bill. war®houseman shall furnish (3) The name of the seller, or in the (10) Amount of any penalty and the mwi St^ e office not later than thirty case of a resale for the warehouse, amount of any deduction on account of tho S a^s following: the last sale day of whether such resale represents leaf ac­ penalty from the price paid the 8n® season a report on MQ- count tobacco, or floor sweepings. prducer(s). (4) The registration number and State (11) In the event of a resale of tobacco * Port, shwin ’ Auc^ion Warehouse Re­ of the person making the resale. bought by him and carried over from (5) The number of pounds sold, and a crop produced prior to 1959, the fact nan,! i!!1 eacb dealer or buyer, as origi- th at such tobacco was so bought and tbe total pounds and gross (6) The gross amount for the sale. carried over. tion °* tobacco Purchased at auc- MQ-86—Tobacco shall be prepared for (c) Memorandum of sale and bill of touse fioorS°^ auc^ on on the ware- each sale day dining which resales occur nonwarehouse sale. A bill of nonware­ and such report forwarded to the ASC house sale and a memorandum of sale amoL'Plf ,„total Pounds and gross State office at the end of the sale day. from the 1959 marketing card issued for (k) Field Assistant Report. Each the farm on which the tobacco was pro­ association. l0aU tobacco” bmed to any warehouseman shall keep such records duced shall be obtained by a dealer to amount total pounds and gross that will enable him to report for each cover each purchase of tobacco directly sale day on Form MQ-83—Tobacco, Field from a producer other than at auction auction l aU+ieaf ^oount purchases at Assistant Report: through a warehouse. No memorandum floor and «,the warehouseman’s own (l) The warehouse gross sales for the of sale shall be issued identifying such amount of all w l pounds and gross day, pounds and amount, as billed to purchase unless the bill of nonwarehouse Action tm leaf account resales at buyers and as shown on warehouse check sale on the reverse side of the memo­ the warehouseman’s own floor register, if shown thereon, and randum of sale has been executed. 4692 RULES AND REGULATIONS

(d) Record and report of purchases participating in the Commodity Credit § 725.1058 Failure to keep records and and resales. Each dealer shall keep a Corporation price support program that make reports or making false report record and make reports on MQ-79— certification by such dealer on Form MQ- or record. Tobacco, Dealer’s Record, showing all 79-1 shall not be accepted for the pur­ (a) Misdemeanor provisions. Except purchases and resales of tobacco made pose of identifying tobacco offered for with respect to reports submitted on by or for the dealer and, in the event auction sale by such dealer as being of Form MQ-79-1, any warehouseman, pro­ of purchase or resale of tobacco bought acceptable variety until further notice. cessor, dealer, trucker, or persons en­ from a crop produced prior to 1959, the § 725.1055 Dealers exempt from regu­ gaged in the business of redrying, priz­ fact that such tobacco was bought by lar records and reports.. ing, or stemming tobacco for producers, him and carried over from a crop pro­ who fails to make any report or keep duced prior to 1959. Any dealer or buyer who does not pur­ chase or otherwise acquire tobacco ex­ any record as required under §§ 725.1030 MQ-79—Tobacco shall be prepared and cept at warehouse sales, or directly from to 725.1062, or who makes any false re­ a copy forwarded to the ASC State office dealers other than warehousemen, and port or record, shall be deemed guilty not later than the end of the calendar who does not resell in the form in which of a misdemeanor and upon conviction week in which such tobacco was pur­ tobacco ordinarily is sold by farmers thereof shall be subject to a fine of not chased or resold: Provided, That if to­ more than 10 percent of such tobacco more than $500; and any tobacco ware­ bacco is purchased prior to the opening so purchased by him, except for reports houseman or dealer who fails to remedy of the local auction market an MQ-79— under § 725.1054(e), shall not be subject such violation by making a complete and Tobacco shall be prepared and a copy to the other provisions of § 725.1054: accurate report or keeping a complete forwarded to the ASC State office not Provided, however, That any such dealer and accurate record as required under later than the end of the calendar week or buyer who purchases tobacco at non­ §§ 725.1030 to 7^5.1062 within fifteen which would include the first sale day warehouse sale, or from a warehouseman days after notice to him of such viola­ of the local auction markets. A remit­ other than at warehouse sale shall be tion shall be subject to an additional tance for all penalties shown by the en­ subject to the provisions of § 725.1054 fine of $100 for each ten thousand tries on MQ-79—Tobacco and on the with respect to such purchases. Each pounds of tobacco, or fraction thereof memoranda of sale to be due shall be such dealer or buyer shall make such re­ bought or sold by him after the date of forwarded to the ASC State office with ports to the State administrative officer, such violation: Provided, That such fine the original copy of MQ-79—Tobacco. in addition to the foregoing, as he may shall not exceed $5,000; and notice of (e) Identification of flue-cured resale find necessary to enforce §§ 725.1030 to such violation shall be served upon the tobacco as acceptable variety and reports 725.1062. tobacco warehouseman or dealer by on MQ-79-1 (Flue-Cured). (1) Each mailing the same to him by registered dealer or any other person who offers § 725.1056 Records and reports of mail or by posting the same at an estab­ for auction sale any resale flue-cured to­ truckers and persons redrying, priz­ lished place of business operated by him bacco on a warehouse floor ^which is par­ ing or stemming tobacco. or both. Notice of any violation by a ticipating in the Commodity Credit (a) Each person engaged to any ex­ warehouseman, dealer or trucker shall Corporation price support program and tent in the business of trucking or haul­ be given by the State administrative of­ on which floor eligible resale flue-cured ing tobacco for producers to a point ficer and notice of violation by a person tobacco is identified with a "certified” where it may be marketed or otherwise engaged in the business of redrying, priz­ basket ticket, and who requests the ware­ disposed of in the form and in the condi­ ing or stemming tobacco for producers houseman to identify his tobacco as being tion in which it is usually marketed by shall be given by the Director. of an "acceptable variety” shall either producers shall keep such records as will (b) Criminal law. The penalties which (i) execute Form MQ-79-1 (Flue- enable him to furnish the ASC State may be imposed, under subparagraph Cured) , Dealers Certification-Resale To­ office a report with respect to each lot of (a) of this paragraph are in addition to, bacco, or (ii)*have the eligibility of such tobacco received by him showing: and not exclusive of any other remedies tobacco to be so identified determined (1) The name and address of the pro­ or penalties under existing law, includ­ by the Director or his representative. ducer, ing the provisions of U.S. Code, Title 18, (2) Each executed MQ-79-1 (Flue- (2) The date of receipt of the tobacco, sec. 371 relating to acts of conspiracy Cured) , Dealers Certification-Resale (3) The number of pounds received, and U.S. Code, Title 18, sec. 1001 relating Tobacco, shall show the following infor­ and to acts of fraud. mation with respect to resale tobacco: (4) The name and address of the per­ § 725.1059 Additional records and re­ (i) Crop year. son to whom it was delivered. ports to Director. (ii) Name and address of warehouse (b) Each person engaged to any ex­ where the tobacco is being offered for tent in the business of redrying, prizing Any warehouseman, processor, dealer, sale. or stemming tobacco for producers shall trucker, or person engaged in the busi­ (iii) Floor Sheet No. and date. keep such records as will enable him to ness of redrying, prizing or stemming (iv) Date and signature of dealer and furnish the Director a report showing r tobacco for producers shall, in addition correct address. (1) The information required above to any records required to be kept or any (v) Dealer’s Record Book No. where for truckers, and in addition, reports required to be made, under the resale will be recorded. (2) The purpose for which the tobacco §§ 725.1030 to 725.1062, keep sucn (3) Each dealer or any other person was received, records and make such reports to the who acquires acceptable variety tobacco (3) The amount of advance made by Director as he may find necessary to in a manner which would make it in­ him on the tobacco, and enforce §§ 725.1030 to 725.1062. eligible for certification on Form MQ- (4) The disposition of the tobacco. § 725.1060 Examination of records and 79-1, or who has on hand both discount reports. variety tobacco and acceptable variety § 725.1057 Separate records and reports tobacco and desires to dispose of accept­ from persons engaged in more than For the purpose of ascertaining the able variety tobacco prior to disposing one business. ¡orrectness of any report made or reco of the discount variety tobacco, may Any person who is required to keep any :ept, or of obtaining information re- apply in writing to the Director for a record or make any report as a ware­ luired to be furnished in any report b special authorization to have the ac­ houseman, processor, dealer, trucker, or lot so furnished, any warehouseman, as a person engaged in the business of »rocessor, dealer, trucker, or P® ceptable variety tobacco certified when mgaged in the business of r e O T offered for auction sale. redrying, prizing or stemming tobacco for producers, and who is engaged in »rizing or stemming tobacco for P (4) If any dealer fails to timely file more than one such business, shall keep rs shall make available at_ one c_ Form MQ-79, Dealer's Record, or if there such records as will enable him to miake ent place for examination by * is substantial indication that a dealer separate reports for each such business in >f the ASC State office, and by has executed a false certification on >f the Compliance and Inyesriga ^ which he is engaged to the same extent and of the Form MQ-79-1, the Director may notify for each such business as if he were en­ division, Audit Division, rv>mmodity such dealer and all auction warehouses gaged in no other business. Wednesday, June 10, 1959 FEDERAL REGISTER 4693

Stabilization Service, United States De­ of the Agricultural Marketing Agreement That no lot of packages or containers partm ent of Agriculture, upon written Act of 1937, as amended (7 U.S.C. 601- of Elberta peaches may be shipped if request by the State administrative 674), and upon the basis of the recom­ more than one-half of one percent, by officer or Director, all such books, papers, mendations of the Elberta Peach Com­ count, of the peaches in the lot are im­ records, floor sheets, buyer adjustment modity Committee, established under the mature; or invoices, accounts, cancelled checks, aforesaid amended marketing agreement (iv) Any package or container of El­ correspondence, contracts, documents, and order, and upon other available in­ berta peaches unless at least 85 percent and m em oran d a as the State administra­ formation, it is hereby found that the of the Elberta peaches contained in such tive officer or Director has reason to limitation of shipments of Elberta package or container measure not less believe are relevant and are within the peaches, as hereinafter provided, will than 2% inches in diameter: Provided, control of such person, tend to effectuate the declared policy of That, Elberta peaches (a) when packed the act. in a 1233 California peach box, which are § 725.1061 Length of time records and (2) It is hereby further found thatof the size that will pack, in accordance reports are to be kept. it is impracticable, unnecessary and with the requirements prescribed for a Records required to be kept and copies contrary to the public interest to give standard pack, 65 peaches in said box, of the reports required to be made by any preliminary notice, .engage in public or (b) when packed in either a No. 26 person under §§ 725.1030 to 725.1062 for rule-making procedure, and postpone standard lug box or a No. 27 standard the 1959-60 marketing year shall be the effective date of this section until lug box, which are of the size that will kept by him until June 30, 1962, in the 30 days after publication thereof in the pack, in accordance with the require­ case of flue-cured tobacco and Septem­ F ederal R egister (5 U.S.C. 1001 et seq.) ments prescribed for a standard pack, ber 30, 1962 in the case of burley, fire- in that, as hereinafter set forth, the time not more than 80 peaches in the respec­ cured, dark air-cured and Virginia intervening between the date when in­ tive lug box, shall be deemed to meet the sun-cured tobacco. Records shall be formation upon which this section is said minimum diameter requirement: kept for such longer period of time as based became available and the time and Provided, further, That for the pur­ may be requested in writing by the State when this section must become effective pose of determining whether ripe Elberta administrative officer or the Director. in order to effectuate the declared policy peaches meet the said standard pack § 725.1062 Information confidential. of the act is insufficient; a reasonable requirements, such peaches may be fairly time is permitted, under the circum­ tightly packed rather than tightly All data reported to or acquired by the stances, for preparation for such effec­ packed. Secretary pursuant to the provisions of tive time; and good cause exists for (2) Peaches which are “well matured” §§ 725.1030 to 725.1062 shall be kept con­ making the provisions hereof effective means peaches which, at the time of fidential by all officers and employees of not later than June 12, 1959. A reason­ picking, (i) are not hard; ,(ii) have the United States Department of Agri­ able determination as to the supply of, shoulders and sutures well filled out; culture and by all members of county and and the demand for such peaches must (iii) when ring cut, have flesh that sep­ community committees and all ASC await the development of the crop and arates from the pit readily and cleanly, county office employees and only such adequate information thereon was not and is red colored next to the pit; and data so reported or acquired as the available to the Elberta Peach Commod­ (iv) have skin and flesh yellowish green Deputy Administrator deems relevant ity Committee until May 27, 1959; rec­ to yellow in color. “Peaches which are shall be disclosed by them and then only ommendations as to the need for, and not hard” yield to moderate pressure at in a suit or administrative hearing under the extent of, regulation of shipments least slightly at the suture and tip and at Title m of the act. of such peaches was made at the meet­ least very slightly elsewhere. Note: The record keeping and reporting ing of said committee on May 27, 1959, (3) Section 936.143 of the rules and requirements of these regulations have been after consideration of all available in­ regulations, as amended (7 CFR 936.100 approved by and subsequent reporting re­ formation relative to the supply and de­ et seq.), sets forth the requirements with quirements will be subject to the approval oi the Bureau of the Budget in accordance mand conditions for such peaches, at respect to the inspection and certification with the Federal Reports Act of 1942. which time the recommendation and of shipments of Elberta peaches. Such supporting information were submitted section also prescribes the conditions Done at Washington, D.C., this 4th day to the Department; shipments of the which must be met if any shipment is of June 1959. Witness my hand and the current crop of such peaches are ex­ to be made without prior inspection and seal of the Department of Agriculture. pected to begin on or about June 12, certification. Notwithstanding that ship­ H. L. M aNWARING, ' 1959, and this section should be appli­ ments may be made without inspection Acting Administrator, cable to all shipments of such peaches in and certification, each shipper shall Commodity Stabilization Service. order to effectuate the declared policy comply with all grade and size regula­ of the act; and compliance with the pro­ tions applicable to the respective ship­ [PR. Doc. 59-4815; Filed, June 9, 1959; visions of this section will not require ment. 8:49 a.m.] of handlers any preparation therefor (4) Terms used in the amended mar­ which cannot be completed by the effec­ keting agreement and order shall, when tive time hereof. used herein, have the same meaning as (b) Order. (1) During the period be­ given to the respective term in said * * * * * ^ —Agricultural Marketir ginning at 12:01 a.m., P.s.t„ June 12, amended marketing agreement and or­ Seivice (Marketing Agreements ar 1959, and ending at 12:01 a.m., P.s.t., der; “U.S. No. 1,” “bruises,” “defects,” Orders), Department of Agricultu November 1, 1959, no shipper shall ship: “damage,” “serious damage,” “standard (i) Any package, or container of El­ pack,” “tightly packed,” and “fairly SUBCHAPTER A— MARKETING ORDERS berta peaches unless such peaches meet tightly packed” shall have the same [Elberta Peach Order 1] the requirements of the U.S. No. 1 grade: meaning as when used in the United Provided, That with respect to ripe El­ States Standards for Peaches (§§ 51.1210 PAim ?i36"~FRESH &ARTLETT PEAR berta peaches, a tolerance of 10 percent, to 51.1223 of this title); “No. 26 standard ra iîî5, AND e l b e r t a PEACHI by count, for bruises not causing serious lug box” and “No. 27 standard lug box,” GROWN IN CALIFORNIA damage is allowed in addition to the tol­ respectively, shall have the same mean­ Regulation by Grades and Sizes erances provided for such U.S. No. 1 ing as set forth in § 828.4 of the Agricul­ grade; tural Code of California; “No. 12B Cali­ § 936.617 Elberta Peach Order 1. . (ii) Any package or container of El­ fornia peach box” shall have the same ¿I!™ ?™ 98- (1) Pursuant to t) berta peaches unless at least 85 percent, meaning as set forth in section 828.25 by count, of such peaches are well ma­ S 3 5 S ? qaf eement' as amended, ai of the Agricultural Code of California; 936) «!', as amended ( 7 CFR P a tured (as such term is defined in sub- and “diameter” shall mean the distance Bartieft^!îatlng the handling of fre; paragraph (2) of this paragraph) ; through the widest portion of the cross Peaches Plums, ' and Elber (iii) Any package or container of El­section of a peach at right angles to a effectivp^T«^n in ®Late of C alif orni berta peaches containing more than one line running from the stem to the blos­ under the applicable provisio: peach which is immature : Provided, som fend. 4694 RULES AND REGULATIONS

(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. nated with interested members of the 601-674) 601-674) industry in the regions concerned insofar Dated: June 4, 1959. Dated: June 5,1959. as practicable. The altitudes are adopted without delay in order to pro­ S. R. S m ith , F loyd F . H edlund, vide for safety in air commerce. Com­ Director, Fruit and Vegetable Acting Director, Fruit and Veg­ pliance with the notice, procedures, and Division, Agricultural Market­ etable Division, Agricultural effective date provisions of section 4 of ing Service. Marketing Services. the Administrative Procedure Act would [F.R. Doc. 59-4812; Filed, June 9, 1959; be impracticable and contrary to the [F.R. Doc. 59-4787; Filed, June 9, 1959; 8:49 a.m.] 8:46 a.m.] public interest, and therefore is not re­ quired. Part 610 is amended as follows: Section 610.15 Green civil airway 5 is SUBCHAPTER B— PROHIBITIONS OF IMPORTED amended to read in part: COMMODITIES PART 1015— CUCUMBERS GROWN From Knoxville, Tenn., LFR; to Gray INT, PART 1070— CUCUMBERS Tenn.; MEA 5,000. IN FLORIDA From Piedmont, Tex., FM; to Knoxville, Order Terminating Cucumber Import Tenn., LFR southwestbound only; MEA Order Terminating Limitation of Regulation 3,000. Shipments Pursuant to the requirement contained Section 610.109 Amber civil airway 9 is Findings, (a) Pursuant to Marketing in Section 8e of the Agricultural Market­ amended to delete: Agreement No. 118 and Order No. 115 ing Agreement Act of 1937, as amended From Wilmington, N:C.,_LF/RBN; to New (7 CPR Part 1015), regulating the han­ (Secs. 1-19, 48 Stat. 31, as amended, 7 Bern, N.C., LF/RBN; MEA 1,300. U.S.C. 601-674), § 1070.2 Cucumber Reg­ From New Bern, N.C., LF/RBN; to Har- dling of cucumbers grown in Florida, rellsville INT, N.C.; MEA 1,200. effective under the applicable provisions ulation No. 2 (23 F.R. 8656, 9172, 9875, 24 From Harrellsville Int. N.O.; to Norfolk, of the Agricultural Marketing Agreement F.R. 2678), is hereby terminated as of Va., LFR; MEA 1,400. Act of 1937, as amended (Secs. 1-19, 48 June 7, 1959. Stat. 31, as amended; 7 U.S.C. 601-674), It is hereby found that it is impracti­ Section 610.109 Amber civil airway 9 is and upon the basis of the recommenda­ cable, unnecessary, and contrary to the amended by adding: tion and information submitted by the public interest to give preliminary notice, From Norfolk, Va., LFR; to Corapeake INT, Florida Cucumber Committee, estab­ engage in public rule making procedure, N.C.; MEA 1,400. lished pursuant to said marketing agree­ and postpone the effective date of this ment ancf order, and upon other avail­ termination of regulation beyond that Section 610.245 Red civil airway 45 is able information, it is hereby found that herein specified (5 U.S.C. 1001 et seq.) amended to read in part: the termination of the limitation of ship­ in that (a) the requirements established From Quantico, Va., LFR; to McLean Int, ments, as hereinafter provided, will tend by this termination order are issued pur­ Va.; MEA 1,800. to effectuate the declared policy of the suant to Section 8e of the Agricultural Section 610.265 Red civil airway 65 is act. Marketing Agreement Act of 1937, as (b) It is hereby found that it is im­ amended, supra, which makes such amended to read in part: practicable, unnecessary, and contrary termination mandatory; (b) termination From »Oceanside, Calif., LF/RBN; to Valley to the public interest to give preliminary of regulations imposed on domestic Center INT, Calif.; eastbound, MEA 9,000; notice and engage in public rule making shipments of cucumbers under Market­ westbound; MEA 4,000. *5,000—MCA Ocean- procedure, and that good cause exists for ing Agreement No. 118 and Order No. side LF/RBN, eastbound. not postponing the effective date of this 115 (7 CFR 1015.302; 23 F.R. 7836, 8655, Section 610.613 Blue civil airway 13 is termination order until 36 days or any 9171, 9873, 24 F.R. 2678), will become amended to read in part: other period beyond the date specified effective June 7, 1959; (c) compliance From Texarkana, Ark., LFR; to Mansfield (5 U.S.C. 1001 et seq.) in, that: (i) The with this cucumber import regulation INT, Ark.; MEA 3,800. time intervening between \he date when should not require any special prepar­ From Mansfield INT, Ark.; to Fort Smith, information upon which this termination ation by importers which cannot be Ark., LF/RBN; MEA 2,200. order is based became available and the completed by the effective date;\ and (d) Section 610.624 Blue civil airway 24 is time when this termination order must this order terminates restrictions on the importation of cucumbers which would amended to delete: become effective in order to effectuate be imposed by § 1070.2 Cucumber Regu­ From Brookley AFB, Ala., LF/RBN; to Axis the declared policy of the act is insuf­ lation No. 2 (23 F.R. 8656, 9172, 9875, 24 INT, Ala.; MEA 1,600. ficient; (ii) more orderly marketing in F.R. 2678), if it were not terminated. Section 610.1001 Direct routes, U.S. is the public interest, than would otherwise (Secs. 1-19, 48 Stat. 31, as amended, 7 U.S.C. amended to delete: prevail, will be promoted by terminating 601-674) regulations applicable to the handling of From Kemp INT, Tex.; to Leona, Tex., Dated: June 5, 1959, to become effec­ VOR; MEA 5,000. cucumbers, in the manner set forth tive June 7, 1959. below, on and after tho effective date of Section 610,1001 Direct routes—V.S. is' this termination order; (iii) compliance F loyd F. H edlund, amended to read in part: with this termination order will not re­ Acting Director, Fruit and Vegetable Division. From Dallas, Tex., VOR; to Leona, Tex., quire any special preparation on the part VOR (LOA 344/DAL 146) ; MEA 3,000. of handlers which cannot be completed [F.R. Doc. 59-4813; Filed, June 9, 1959; From Dallas, Tex., VQR; to Leona, Tex., by the effective date; (iv) a reasonable 8:49 a.m.] VOR (LOA>329/DAL 161); MEA 3,000. time is permitted under the circum­ Section 610.6404 Hawaii VOR civil air- stances, for such preparation; (v) in­ way 4 is amended to read in part: formation regarding the committee’á Title 14— AERONAUTICS AND recommendations has been made avail­ From Crab INT, T.H.; to »Sunrise Wfc able to producers and handlers in the n SPACE r.H., northeastbound, MEA 7,500; south bound, MEA 5,000. *7,500—MRA. production area; and (vi) this order re­ Chapter III— Federal Aviation Agency lieves restrictions on the handling of Section 610.6412 Hawaii VOR civil air­ cucumbers grown in the production area [Regulatory Docket 23; Arndt. 48] way 12 is amended to read in part. during the period from the effective date PART 610— MINIMUM EN ROUTE From Bamboo INT, T.H.; to M agn olia^ specified until July 31,1959. IFR ALTITUDES r.H ., northeastbound, MEA 6,500; so Order terminated. The provisions of bound, MEA 3,500. - k mT, § 1015.302, as amended (23 F.R. 7836, Miscellaneous Alterations From Magnolia, INT, T.H.; toA Sh^ west. 8655, 9171, 9873; 24 F.R. 2678) are hereby The minimum en route IFR altitudes r.H., northeastbound, MEA 8,500, so terminated as of June 7,1959. appearing hereinafter have been coordi­ a/tbta a snn *8.500—MRA. Wednesday, June 10, 1959 FEDERAL REGISTER 4695

Section 610.6001 VOR civil airway 1 is From N e wcomer stown, Ohio, VOR; to Section 610.6024 VOR civil airway 24 is amended to read in p art: *Adena INT, Ohio; MEA 2,500. *3,500—MRA. amended to read in part: Prom Wilmington, N.C., VOR; to »Kinston Section 610.6014 VOR civil airway 14 is From Watertown, S. Dak., VOR; to Red­ INT, N.O., *»3,500. *3,500—MRA. amended to read in part: wood Falls, Minn., VOR; MEA 3,000. »»1,900—MOCA. From Syracuseh-N.Y., VOR; to Utica, N.Y., From Madison INT, Minn., via N alter.; to Prom Kinston INTi N.C.; to Cofield, N.C., VOR; MEA 3,000. Redwood Falls, Minn., VOR via N alter.; MEA VOR; MEA *3,500. *1,900—MOCA. From Utica, N. Y., VOR; to Albany, N.Y., *3,800. *2,400—MOCA. Section 610.6001 VOR civil airway 1 is VOR; MEA 3,000. Section 610.6025 VOR civil airway 25 is amended by adding: Section 610.6016 VOR civil airway 16 is amended to read in part: Prom Wilmington, N.C., VOR yia W alter.; amended to read in part: ' From *Geyserville INT, Cam.; to * «Lake- to «Magnolia INT, N.C.,.via W alter.; MEA From. Bolivar INT, Tenn., via S alter.; to port INT, Calif.; MEA ***12,000. *12,000— **il,000. *11,000—MRA. **1,400—MOCA. »Selmer INT, Tenn., via S alter.; MEA MCA Geyserville INT, northbound. * *8,000— Prom Magnolia INT, N.C., via W alter.; to **3,000. *4,000—MRA. **1,500—MOCA. MRA. * * * 7,000—MOCA. »Kinston INT, N.C., via W alter.; MEA From Gordonsville, Va., VOR; to «Locust Section 610.6026 VOR civil airway 26 is •*11,000. *3,500—MRA. **1,400—MOCA. Grove INT, Va.; MEA 1,500. *2,000—MRA. Prom Kinston INT, N.C., via W alter.; to From Locust Grove IN i, Va.; to Shadyside, amended to read in part: Cofield, N.C., VOR via W alter.; MEA *3,500. Md., VOR; MEA 1,500 . From Huron; S. Dak-., VOR; to »Oakwood •1,900—MOCA. From Shadyside, Md., VOR; to Kenton, INT, S. Dak.; MEA **4,000. *4,000—MRA. Section 610.6002 VOR civil airway 2 is Del., VOR; MEA 1,500. ♦*2,800—MOCA. From Kenton, Del., VOR; to Vineland INT, From Oakwood INT, S. Dak.; to Redwood amended to read in p a r t:; N.J.; MEA 1,600._ Falls, Minn., VOR; MEA *4,000. *3,000— From Helena, Mont., VOR via N alter.; From Vineland INT, N.J.; to Coyle, N.J., MOCA. to «Delpine INT, Mont., via N alter,; MEA VOR; MEA 1,500. From Huron, S. Dak., VOR via S alter.; to •*12,500. *12,500—MCA Delpine INT, west­ Redwood Falls, Minn., VOR via S alter; MEA bound. **11,000—MOCA. Section 610.6018 VOR civil airway 18 *5,000. *3,000—MOCA. Prom Syracuse, N.Y., VOR; to Utica, N.Y., is amended to read ifi part: VOR; MEA 3,000. Section 610.6027 VOR civil airway 27 is From Jackson, Miss.7VOR; to ?Branch INT, amended to read in part: From Utica, N.Y., VOR; to Albany, N.Yr, Miss; MEA **2,000. *4,500—MRA. **1,700— VOR; MEA, 3,000. MOCA. From Crescent City, Calif., VOR; to *Rogue Section 610.6003 VOR civil airway 3 is From «Cedars INT, Miss., via S alter.; to River INT, Oreg.; MEA **8,000. *11,200— MRA.. **6,400—MOCA. amended to read in p art : * «Edwards INT, Miss., via S alter.; MEA **♦2,600. *3,700—M^A. **4,000—MRA. From Rogue River INT, Oreg.; to North Prom Engle INT, Fla.; to Rancho INT, Fla.; ***1,700—MOCA. Bend, Oreg.,' VOR; J MEA *8,000. *6,400— MEA *2,500. *1,200—MOCA. From Allendale, S.C., VOR via S alter.; to MOCA. Prom Rancho INT, Fla.; to Krorrre INT, Charleston, S.C., VOR via S alter.; MEA Ha.; MEA *2,500. *1,300—MOCA. * Section 610.6035 VOR civil airway 35 is *1,700. *1,500—MOCA. amended to read in part: Section 610.6005 VOR civil airway 5 is Section 610.6020 VOR civil airway 20 is From Miami, Fla.', VOR; t y «Chester INT, amended to read in part: amended to read in part: Fla.; MEA **1,500. *2,800—MRA. **1,200— Prom Vienna, Ga., VOR via W alter.;' to From Montgomery, Ala., VOR; to Kent INT, MOCA. Roberta INT, Ga., via W alter.; MEA 1,700. Ala.; MEA *2,000. *1,200—MOCA. From Chester INT, Fla., to »Pine INT, Fla.; Prom Roberta INT, Ga., via W alter.; to From Mobile, Ala., VOR; to «Tensaw INT, MEA **1,500. ? *2,500—MRA. **1,200— Atlanta, Ga., VOR via W alter.; MEA 2,300. Ala.; MEA 1,500. *1,800—MRA. MOCA. Section 610.6008 VOR civil airway 8 is Section 610.6021 VOR civil airway 21 is Section 610.6045 VOR civil airway 45 is amended to read in part: amended to read in part: amended to read in part: Prom Hector, Calif., VOR; to *Soda' INT, From Hector, Calif., VOR; to »Soda INT, From New Bern, N.C., VOR; to «Kingston Calif., MEA 8,000. *14,000—MCA Soda INT, Calif.; MEA 8,000. *14,000—MCA Sodh INT, INT, N.C.; MEA 2,000. *3,500—MRA. northeastbound. northeastbound. From Kinston INT, N.C.; to Clayton INT, Prom Soda INT, Calif., to «Craters INT, From Soda INT, Calif.; to . »Craters INT, N.C.; MEA *3,500. *2,800—MOCA. Calif.; MEA **16,000. *15,000—MCA Craters Calif.; MEA **16,000. *15,000—MCA Craters From Clayton INT, N.C.; to Raleigh, N.C.* INT, south westbound.' *12,000—MRA, INT, southwestbound. *12,000—MRA. **10,- VOR; MEA 2,800. > **10,000—MOCA. • . - 7 1 000—4MOCA. From Craters INT, Calif.; to Las Vegas, From Craters INT, Calif.; to Las Vegas, Section 610.6053 VOR civil airway 53 is Nev., VOR; MEA 10,000. Nev., VOR 10,000. amended to read in part: Section 610.6009 VOR civiliairway S Section 610.6022 VOR civil airway 22 is From Hillton INT, Va.; to »Daley INT, Ky.; amended to read in part: MEA 6,200. *5,000—MRA. amended to read in part: v From »Daley INT, Ky.; to Vincent INT, Ky.; Prom »Fidelity INT, 111.; to **W averly 11 From New Orleans, La., VOR; to Pearl INT, MEA **5,000. *5,000—MCA Daley INT, m.; MEA 2,000. *3,000— MRA. **2,70 southeastbound. **3,500—MOCA. MRA. La.; MEA 2,000. From Pearl INT, La.; to Horn INT, Miss.; From Vincent INT, Ky.; to Lexington, Ky., ftom Waverly INT, 111., to Springfield, 1 MEA *3,400. *1,100—MOCA. VOR; MEA 3,500.» VOR; MEA 2,000. ' From Horn INT, Miss.; to Brookley, Ala., Jacks°n, Miss., VOR; to *Berryv TVOR; MEA 1,400. Section,610.6054 VOR civil airway 54 is “ IT. Miss.; MEA 1,500. *5,000—MRA. From «Reno INT, Ga., via N alter.; to Quit-, amended to read in part: Section 610.6011 VOR civil airway ll man INT, Ga., via N alter.; MEA **5,000. From Hillemann INT, Ark., via N alter.; amended to read'in part: *2,500—MRA. * * 1,300—MOCA. to »Round Pond INT, Ark., via N alter.; MEA **2,500. *3,500—MRA. **1,600—MOCA. PTe”£leton 1NT. Ind., via E alter.; Section 610.6033 VOR civil airway 23 is ,-amended to read in part:* From Round Pond INT, Ark., via N alter.; >3o£ jS ’: Ind" via E alter-; MEA 3*a to «Bowen INT, Ark., via N alter.; MEA 1,700. From Eugene, Oreg., VOR yia E alter.; to *5,000—MRA. INT°T*HIn^ napolis’ In d > VOR; to *Mar Crabtree INT, Oreg.,- vih E alter.; MEA 5,000. “if. Ind.; MEA 2,900. *3,30Cb-MRA. From Bolivar INT, Tenn., via N alter.; to From Crabtree INT, Oreg., via E alter.; to ♦Selmer INT, Tenn., via N alter.; MEA **3,000. amp^^i1*610,6012 VOR civil airway 11 Maverick INT, Oreg., via E alter.; MEA 6,000. *4,000—MRA. **1,500—MOCA. amended to read in part: From Maverick INT, Oreg., via E-alter.; to From Selmer INT, Tenn., via N alter.; to Portland, Oreg., VOR via E alter.; MEA 5,000. »Muscle Shoals, Ala., VOR via N alter.; MEA Calif- VOR; *Palmdi From Portland, Oreg., VOR; to Toledo INT, **4,000. *4,000—MRA. **2,000—MOCA." I dale Vo r R’ 8,00°* *6,000— MCA Pal Wash.; MEA *7,000. *5,000—MOCA. Prom^i southwestbound. From Toledo INT, Wash.; to Rainier INT, Section 610.6056 VOR civil airway 56 is Okla • VOR; to »Capron II Wash.; MEA 5,000. amended to read in part: 3’500- *4,500—MRA. From Rainier INT, Wash.; to Seattle, Wash., *o VOR southbound, MEA 5,000; northbound,, From »Junction City INT, Ga.; to Macon, ftom O ’ MEA 3'500-' V: MEA 3,000. Ga., VOR; MEA 1,700. *3,000—MRA. ‘Aetna i S okP^V YTOR via N^ ter.; From Portland, Oreg., VOlR via W alter.; to •^OO-bro? ^*oVia N alter-: MEA **9- Toledo INT, Wash., via W alter.; MEA *7,000. Section 610.6063 VOR civil airway 63 is j*usa. **3,500—MOCA. *5,000—MOCA. No. n s------amended to read in part: 4696 RULES AND REGULATIONS

Prom Ennis INT, Tex.; to Sabine INT, Section. 610.6145 VOR civil airway 145 eastbound. * * 11,000—MCA Reno VOR, west­ Tex.; MEA *4,500. *1,800—MOCA. is amended by adding: bound. Section 610.6069 VOR civil airway 69 is Prom Utica, N.Y., VOB; to Watertown, Section 610.6213 VOR civil airway 213 amended to read in part: N.Y., VOB; MEA 3,000. is amended to read in part: Prom »Cotton INT, La., via W alter.; to Section 610.6149 VOR civil airway 149 Prom Myrtle Beach, S.C., VOR; to »Mag­ •»Shongaloo INT, La., via W alter.; MEA is amended to read in part: nolia INT, N.C.; MEA **5,500. *11,000- ***2,000. *2,000—MBA. **3,000—MBA. MRA. **2,000—MOCA. ***1,600—MOCA. From Binghamton, N.Y., VOB; to Sherrill Prom Magnolia INT, N.C.; to Bocky Mount Prom Shongaloo INT, La., via W alter.; to INT, N.Y.; MEA 3,500. < N.C., VOB; MEA *5,500. *2,000—MOCA. ’ El Dorado, Ark., VOR via W alter.; MEA Section 610.6154 VOR civil airway 154 *2,000. *1,600—MOCA. Section 610.6222 VOR civil airway 222 From Farmington, Mo., VOB; to * Crystal is amended to read in part: is amended to read in part: City INT, Mo.; MEA 2,500. *3,000—MBA. Prom *Junction City INT, Ga.; to Macon, Prom Norcross, Ga., VOR;, to Silver City Prom Crystal City INT, Mo.; to Troy, 111., Ga., VOB; MEA 1,700. *3,000—M B A / INT, Ga.; MEA 3,000. VOB; MEA 2,600. Prom Silver City INT, Ga.; to Toccoa, Ga., Section 610.6155 VQJR civil airway 155 VOR; MEA 3,500. Section 610.6072 VOR civil airway 72 is is amended to read in part: From Toccoa, Ga., VOB; to Asheville, N.C., amended to read in part; Prom Raleigh, N.C., VOB; to Franklinton VOR; MEA 6,000. Prom Maples, Mo., VOB; to Imperial INT, INT, N.C.; MEA 1,600. Prom 'Hathaway INT, La., to »Elba INT, 111.; MEA *3,500. *2,600—MOCA. Prom Franklinton INT, N.C.; to Lawrence- La.; MEA *4,700. *4,700—MBA. **1,400- Prom Imperial INT, 111.; to Troy, 111., VOB; ville, Va., VOB; MEA *2,000. *1,800—MOCA. MOCA. MEA 2,600. From Elba INT, La.; to Woodville INT, Section 610.6157 VOR civil airway 157 Miss.; MEA *5,000. *1,200—MOCA. Section 610.6094 VOR civil airway 94 is is amended to read in part: Prom Woodville INT, Miss.; to McComb, amended to read in part: Prom W ilmington, N.C., VOB; to *Kinston Miss', VOR; MEA *2,500. *1,800—MOCA. Prom Scurry INT, Tex.; to Canton INT, INT, N.C.; MEA **3,500. *3,500—MBA. Section 610.6229 VOR civil airway 229 Tex.; MEA *2,500. *1,600—MOCA. **1,900—MOCA. is amended to read in part: Prom Supples INT, La.; to Bryceland INT, From »Kinston INT N.C.; to Bocky Mount, La.; MEA *3,500. *1,500—MOCA. N.C., VOB; MEA^ *3,500. *1,400—MOCA. Prom New Bern, N.C., VOB; to Sawmill From Gainesville, Fla., VOB; to Lulu INT, INT, N.C.; MEA *2,000. *1,200—MOCA. Section 610.6114 VOR civil airway 114 Fla.; MEA *2,000. *1,700—MOCA. Prom Sawmill INT, N.C.; to Cofield, N.C., is amended to read in part: From Lulu INT, Fla.; to Taylor INT, Pla.; VOR; MEA *2,000. *1,300—MOCA. Prom Alexandria, La., VOB via N alter.; to MEA *3,000. *1,400—MOCA. Section 610.623S VOR civil airway 233 Woodvllle INT, La*, via N alter.; MEA *2,900. Section 610.6159 VOR civil airway 159 is amended to read in part: *1,700—MOCA. Prom *Dupont INT, La.; to **Elba INT, is amended to read in part: From Springfield, 111., VOR; to »Luther La.; MEA 1,300. *2,000—MBA. **4,700— Prom Greenville INT, Pla., via W alters to INT, 111., MEA 2,000. *3,600—MRA. MBA. Quitman INT, Ga., via W alter.; MEA *5,000. Prom Luther INT, 111.; to Peoria, 111., VOR; Prom * Logans port INT, La.; to Converse *1,300—MOCA. MEA 2,000. INT, La.; MEA *3,500. *2,500—MBA **1,700—MOCA. Section 610.6183 VOR civil airway 183 Section 610.6236 VOR civil airway 236 Prom Shreveport, La., VOB via N alter.; is amended to read in part: is amended to delete: to Kingston INT, La., via N alter.; MEA From Maricopa INT, Calif.; to Bakersfield, Prom Bonneville, "Utah, VOR; to Cedar Mt. •2,200. *1,700—MOCA. Calif., VOB northeastbound, MEA 3,000; INT, Utah; MEA 9,000. Prom Kingston INT, La.; via N alter.; to southwestbound, MEA 7,000. Converse INT, La., via N alter.; MEA *3,500. Section 610.6239 VOR civil airway 239 *1,600—X^OCA. Section 610.6185 VOR civil airway 185 is amended to read in part: Section 610.6123 VOR civil airway 123 is amended to read in part: From »Wildwood INT, N.J.; to Woodstown, is amended to read in part: Prom Savannah, Ga., VOB; to Kildare INT* N.J., VOR; MEA 1,600. *2,000—MRA. Ga.; MEA 1,500._ Prom Baltimore, Md., VOB; to Bel Air INT, Section 610.6240 VOR civil airway 210 Md.; MEA 2,000. i Section 610.6190 VOR civil airway 190 is amended to read in part: Prom Bel Air INT, Md.; to New Castle, Del., is amended to read in part: Prom Dog INT, Ala.; to Moss INT, Ala.; VOB; MEA 1,600. From Gage, Okla., VOB; to *Capron INT, MEA *3,400. *1,300—MOCA. Section 610.6134 VOR civil airway 134 Okla.; MEA 3,500. *4,500—MBA. Prom Moss INT, Aal.; to Mobile, Ala., VOR; is amended by adding: Prom *Capron INT, Okla.; to Ponca City, MEA 1,300. Okla., VOB; MEA *4,500. *2,500—MOCA. From Columbus, Ga., VOB; to Kaymond Section 610.6241 VOR civil airway 211 INT, Ga.; MEA 2,200. Section 610.6191 VOR civil airway 191 is amended to delete: Prom Baymond INT, Ga.; to Atlanta, Ga., is amended to read in part: From Columbus, Ga., VOR; to Raymond VOB; MEA 2,000. INT, Ga.; MEA 2,200. Prom Atlaiita, Ga., VOB; to Iva INT, S.C.; Prom Farmington, Mo., VOB; to »Crystal Prom Raymond INT, Ga.; to Atlanta, •« City INT, Mo.; jClEA 2,500. *3,000—MBA. . MEA *2,200. *1,900—MOCA. VOR; MEA 2,000. From Iva INT, S.C.; to Union INT, S.C.; Prom »Crystal City INT; to Troy, 111., VOB; MEA *4,000. *2,000—MOCA. MEA 2,600. Section 610.6249 VOR civil airway 219 Prom Union INT, S.C.; to Charlotte, N.C., is amended to read in part: VOB; MEA 2,000. Section 610.6194 VOR civil airway 194 is amended by adding: Prom Rockdale, N.Y., VOR; to Utica, NX, Section 610.6137 VOR civil airway 137 VOR; MEA 4,000. Prom Baleigh, N.C., VOB via N alter.; to is amended to read in part: Bocky Mount, N.C., VOB via N alter.; MEA Section 610.6253 VOR civil airway 253 From Palmdale, Calif., VOB; to Victory 1,600- is amended by adding: INT, Calif., eastbound, MEA 5,000; west­ Prom Tiepie INT, Utah; to Bonneville, bound, MEA 7,000. Section 610.6194 VOR civil airway 194 Prom Victory INT, Calif.; to Gorman, is amended to delete: Utah, VOR; MEA 9,000. Calif., VOB; MEA 8,000. Prom Baleigh, N.C., VOB via S alter.; to^ Section 610.6258 VOR civil airway 253 Section 610.6140 VOR civUrairway 140 Bocky Mount, N.C., VOB via S alter.; MEA is amended to read in part: is amended to read in part: 2,800. Prom Hollins, Va., VOB; to Penhook INT, . From Baltimore, Md., VOB; to Bel Air INT, Section 610.6200 VOR civil airway 200 Va.; MEA 5,000. Md.; MEA 2,000. s is amended to read in part: Section 610.6280 VOR civil airway 280 From Bel Air INT, Md.; to New Castle, Del., is amended to read in part: VOB; MEA 1,600. Prom Ukiah, Calif., VOB; to »Lakeport INT, calif.; MEA 7,000. *8,000—MBA. Prom Gage, Okla., VOR;' *3 500— Prom Montebello, Va., VOB; to *Bochelle Okla.; MEA **9,500. *18,200—MRA. INT, Va.; MEA 5,500. *5,500—MCA Eochelle Prom Lakeport INT, Calif.; to Williams, MOCA. .,n INT, southwestbound. Calif., VOB; MEA 7,000. From Bochelle INT, Va.; to Casanova, Va., From *Yuba INT, Calif.; to * »Reno, Nev., Section 610.6440 VOR civil airway VOB; MEA 4,000. VOB; MEA 11,000. *6,000—MCA Yuba INT, m fn rodH in DRlt« Wednesday, June 10, 1959 FEDERAL REGISTER 4697 Prom »Anchorage, Alaska, VOR; to [Regulatory Docket 22; Amdt. 47] Section 610.6066 VOR civil airway 66 * »Grants INT, Alaska; MEA 6,400. *5,400— is amended by adding: jICA Anchorage VOR, southeastbound. PART 610—MINIMUM EN ROUTE ,*5000_MCA Grants INT, northwestbound. IFR ALTITUDES From Campo INT, Calif.; to Coyote Wells From Grants INT, Alaska; to Skwentna, INT, Calif.; MEA 8,000. Alaska, LFR; MEA 6400. Miscellaneous Alterations From Coyote Wells INT, Calif.; to *E1 Centro, Calif., VOR eastbound, MEA 3,000; Section 610.6602 VOR civil airway 1502 The minimum en route IFR altitudes^ Westbound, MEA 8,0G0. *4,000—MCA El is amended to read in part; appearing hereinafter havejpeen coor­ Centro VOR, westbound. From Huron, S. Dak., VOR; to »Oakwood dinated with interested members^of the (Secs. 313(a), 307(c); 72 Stat. 752, 749; 49 INT, S. Dak.; MEA **4,000. *4,00Qr-MRA. industry in the regions concerned insofar U.S.C. 1354(a), 1348(c)). •*2,800—MOCA. as practicable. The altitudes are adopt­ From Oakwood INT, SI Dak.; to. Redwood ed without delay in order to provide for These rules shall be effective as of May Falls, Minn., VOR; MEA *4,000. *3,000— safety in air commerce. Compliance 18, 1959. MOCA. with the notice, procedures, and effective Issued in Washington, D.C. on June Section 610.6612 VOR civil airway 1512 date provisions of section 4 of the Ad­ 3, 1959. is amended to read in part: ministrative Procedure Act would be im­ E. R. Quesada, From Los Angeles, Calif., VOR; to Long practicable and contrary to the public Administrator. Beach, Calif., VOR; MEA" 2,000. interest, and therefore is not required. [F.R. Doc. 59-4733; Filed, June 9, 1959; From Newcomerstown, Ohio, VOR; to Part 610 is amended as follows: 8:45 am .] »Adena INT, Ohio; MEA* 2,500. *3,500— Section 610.209 Red civil airway 9 is. MEA. amended by adding: Section 610.6612 VOR civil airway 1512 Prom Sargo INT, Calif.; to San Diego, is amended by adding : Calif., LFR; MEA 1,500. - Title 12— BANKS AND BANKING From Springfield, 111., VOR; to Decatur, 111., Section 610.602 Blue civil airway 2 is Chapter II— Federal Reserve System VOR; MEA 2,600. deleted. From Decatur, 111., VOR; to *Arcola INT, Section 610.635 Blue civil airway 35 is SUBCHAPTER A— BOARD OF GOVERNORS OF 111.; MEA 2,300. *3,000—MRA. deleted. THE TEDERAL RESERVE SYSTEM From Areola INT, 111.; to Terre Haute, Ind., Section 610.6023 VOR civil Airway 23 'jt. [Reg. T] VOR; MEA 2,300. — From Terre Haute, Ind., VOR; to Indian­ is amended to read in part: PART 220— CREDIT BY BROKERS, apolis, Ind., VOR; MBA 2,200. Prom San Diego (Lindbergh Fid), Calif., DEALERS, AND MEMBERS OF NA­ TVOR; to Oceanside, Calif., VOR; MEA 2,500. Section 610.6612 VOR civil airway 1512 TIONAL SECURITIES EXCHANGES is amended to delete: Section 610.6023 VOR civil airway 23 Transactions in Restricted Accounts From Terre Haute, Ind., VOR vìa S alter; is amended to delete: to Indianapolis, Ind., VOR' via S alter; MEA Prom San Diego, Calif., VOR via E alter.; Under Amended Withdrawal Rules 2,200. to Rancho INT, Calif., via E alter.; m ba § 220.114 Transactions in restricted ac­ 2.500. Section 610.6614 VOR civil airway 1514 counts under amended withdrawal From Rancho INT, Calif., via E alter.; to rules. is amended to read in part: Oceanside, Calif., VOR via E alter.; MEA From Newcomerstown, Ohio, VOR; to 3.000. (a> Amendments to Part 220, effective •Adena INT, Ohio; MEA 2,500. *3,500— Section 610.6025 VOR civil airway 25 June 15, 1959 (24 P.R. 3866), deal with MRA. is amended by adding: withdrawals of collateral from a “re­ stricted account”, i.e., a general account Section 610.6614 VOR civil airway 1514 From San Diego (Lindbergh Fid), Calif., is amended by adding: in which the adjusted debit balance TVOR; to *Redfin INT, Calif.; MEA 2,500. exceeds the maximum loan value of the From Springfield, 111., VOR; to Decatur, *2,500—MRA. ✓ . securities. In that connection, an inquiry Dl-. VOR; MEA 2,600. From JRedfin INT, Calif.; to »Pacific INT, From Decatur, IU„ VOR; tö »Areola INT, Calif.; MEA 6,000. *4,000—MRA. has been received regarding the applica­ Hl.; MEA 2,300. *3,000—MRA. From Pacific INT, Calif.; to Albacore INT, tion of the amended part to a purchase of Calif.; MEA 4,000. n ^ 0m Arcola INT, 111.; to Terre Haute, Ind., unregistered nonexempted securities in VOR; MEA 2,300. From Albacore INT, Calif.; to Hermosa INT, such a “restricted account”. From Terre Haute, Ind., VOR; to Indian­ Calif.; MEA 3,500. (b) Unregistered nonexempted securi­ apolis, Ind., VOR; MEA 2,200. From Hermosa INT, Calif.; to Los Angeles, Calif., VOR; MEA 2,000. ties have no loan value under the part, Section 610.6614 VOR civil airway 1514 From San Diego (Lindberg Fid), Calif., are not subject’to the restrictions of the is amended to delete: TVOR via E alter.; to »Redfin INT, Calif., via withdrawal rules, and are not referred E alter.; MEA 2,500) *2,500—MRA. to in those rules. Purchase of an un­ From Tèrre Haute, Ind., VOR via S alter.; From Redfin INT, Calif., via E alter.; to registered security without a deposit of 2,200 d anaP°liS’ Ind'’ VOR Via S alter-' MEA ♦Pacific INT, Calif., via E alter.;'MEA 6,000. a sum equal to the cost would amount to *4,000—MRA. i a withdrawal of the cost of the security. i„ 610-661.6 VOR civil airway 1516 From Pacific INT, Calif., via E alter.; to (c) This supersedes paragraph (c) (1) is amended to read in part: Albacore INT, Calif.; via E alter.; MEA 4,000. of § 220.107 dealing with a similar From Albacore INT, Calif., via E alter.; to question. 1 v INT, Kans.; to * »Capron INT, Long Beach, Calif., VOR via E alter.; mtca **4500 ***9>500- *18,200 — MRA. 3.500. (d) Section 220.107 also dealt with * * *3,500—MOCA. From Long Beach, Calif., VOR via E alter.; two other points. One was the treat­ ' Okia v n pPr?^L INT> °hla.; to Ponca City, to Los Angeles, Calif., VOR via E alter.; MEA ment of certain transactions as short ftom rfo:/^ A *4’500' *2,500—MRA. 2 .000. sales. Paragraph (c) (2) of § 220.107 was Calif- J p 4r^oINT’ Calif-; to * Craters INT, superseded by the June'15, 1959 amend­ T o mr +12-000- *12,000—MRA. - . Section 610.6066 VOR civil airway 66 ment to paragraph (g) of § 220.3. ’ The VOR; M E ^ Sor to Goffs’ Calif-. is-amended to delete: other point was that the “good faith From *San Diego, Calif., VOR; to Jamul loan value” specified for an exempted »»(cj® Stat> 752> 749: 49 INT, Calif., eastbound, MEA 8,000; west­ security means the amount which the bound, MEA 4,500. *3,000—MCA San Diego broker would customarily lend on the 2, i959Se rUleS shaU Scoine effective July VOR, eastbound. security, and that the figure cannot be From Jamul INT, Calif.; to~-Coyote Wells arbitrarily reduced merely for the pur­ INT, Calif.; MEA 8,000: pose of permitting a later substitution of i 1959.^ ^ ^ as^ n^ on> D* C., on June From Coyote Wells INT, Calif.; to *E1 registered securities for exempted secu­ Centro, Calif., VOR eastbound, MEA 3,000; rities. That principle continues to apply E. R. Quesada, and is of increased significance under the p westbound, MEA 8,000. *4,000—MCA El Cen­ IP Administrator. tro VOR, westbound. amendments. I . 59-4734; Piled; June 9, 1959; From Barrett Lake, Calif., FM; to Jamul 8:45 a.m.] (Sec. 23(a), 48 Stat. 901, as amended; 15 INT, Calif., westbound only; MEA 6,000. U.S.C. 78w.. Interprets or applies secs. 3, 7, 4698 RULES AND REGULATIONS

8, 17, 48 Stat. 882, 886, 888, 897, as amended; the regulations thereunder (1 CFR 1.34), state Commerce Act may establish in ac­ 15 U.S.C. 78c, 78g, 78h, 78q) Part 3 is amended by revoking § 3.43 cordance with existing schedule rules, B oard of G overnors of the Labeling of drug preparations containing except as authorized herein, and subject F ederal R eserve S ystem , salicylates, the material therein now to limitations hereinafter set forth, rates [seal] M erritt S herm an, being obsolete, having been superseded and other provisions covering emer­ Secretary. by § 3.509. gency movements of property without further notice prior to the acceptance [F.R. Doc. 59-4782; Filed, June 9, 1959; (Sec. 701, 52 Stat. 1055, as amended; 21 U.S.C. 371) of shipments for transportation other 8:45 a.m.] than posting in the manner required by Dated; June 3, 1959. Rule 6 of Tariff Circular MF No. 2 [seal] G eo. P. Larrick, (§ 187.6) an individual schedule (not a [Reg. U] Commissioner of Food and Drugs. supplement or revised page) naming PART 221—-LOANS BY BANKS FOR [F.R. Doc. 59-4804; Filed, June 9, 1959; minimum charges„ and other provisions THE PURPOSE OF PURCHASING OR 8:48 a.m.] for such emergency movements and fil­ ing at once four copies of each publi­ CARRYING REGISTERED STOCKS cation together with a Tetter of trans­ Purchase-and-Sale Substitution on mittal with thè District Director of the Same Day Bureau of Motor Carriers in whose dis­ Chapter II— Bureau of Narcotics, trict the carrier is domiciled, or with the §221.111 Purehase-and-sale substitu­ Department of the Treasury District Supervisor designated by the tion on same day. PART 304— ADJUDICATION AND District Director. (a) Amendments to Part 221, effective LICENSING PROCEDURE (Sec. 204, 49 Stat. 546, as amended; 40 U.S.C. June 15,1959 (24 F.R. 3867) . deal, among 304. Interpret or apply sec. 218(a), 49 Stat. other things, with changes in collateral C ross R eference : For order proclaim­ 561, as amended; 49 U.S.C. 318(a)) for a “restricted loan’’, i.e„ a bank loan ing and making effective the findings of And it is further ordered, That notice that exceeds the maximum loan value of the Secretary of the Treasury with re­ of this order shall be given to the gen­ the collateral therefor, in connection gard to certain drugs having addiction­ eral public by depositing a copy hereof with those amendments an inquiry_has forming or addiction-sustaining liability in the Office of the Secretary of the been received as to whether the bank similar to morphine, see Proclamation Commission at Washington, D.C., and may permit a substitution of collateral 3297, Title 3, Chapter I, supra. by filing it with ,the Director, Office of for such a loan under the amended part, the Federal Register. in a case in which the excess of the loan over the maximum loan value is not Dated at Washington, D.C., this 4th thereby increased and the substitution Title 49— TRANSPORTATION day of May 1959. ~ occurs in the form of a purchase and sale Chapter 1— Interstate Commerce By the Commission. of collateral, both the purchase and sale Commission orders being executed on the same day. [seal] H arold D. McCoy, (b) The bank may permit such a pur- SUBCHAPTER B— CARRIERS BY MOTOR VEHICLE Secretary. chase-and-sale substitution under the [Special Permission No. M-60161 December [F.R. Doc. 59-4794; Filed, June 9, 1959; amended part without additional col­ 22, 1957, amended] 8:47 a.m.] lateral or reduction in the loan if it rea­ PART 187— FREIGHT RATE TARIFFS, sonably ascertains, and has evidence thereof in its records^ that the purchase SCHEDULES AND CLASSIFICATIONS [Special Permission No. M-60160, December and sale orders were executed on the Schedules of Motor Contract Carriers; 22, 1947, amended] same day. The controlling events which Emergency Transportation of Prop­ PART 187— FREIGHT RATE TARIFFS, must occur on the same day are the SCHEDULES, AND CLASSIFICATIONS executions of thp purchase order and erty sale order, and not the bank’s receipt It appearing that Special Permission Tariffs of Motor Common Carriers; or release of stock 'certificates. It may No. M-60161 of December 22, 1947 Emergency Transportation of Prop­ be noted that the result is substantially (§ 187.101(a)) requires the filing of similar to that Under the June 15, 1959, three copies of each publication filed erty amendments to Part 220 of this sub­ thereunder and that four copies of all It appearing that Special Permission chapter. Substitutions that do not in­ such publications are now required for No. M-60160 of December 22, 1947 volve a same-day purchase and sale are the Commission’s own use; (§ 187.100(a)) requires the filing of three subject to the withdrawal limitations It further appearing that proposed copies of each publication filed there* under both parts. rule making required by section 4(a) of under and that’four copies of all sucn (Sec. 23(a), 48 Stat. 901, as amended; 15 the Administrative Procedure Act (5 publications are now required for tne TJ.S.C. 78w. Interprets or applies secs. 3, 7, U.S.C. 1003) is unnecessary since the unmission’s own use. , 17, 48 Stat. 882, 886, 897, as amended; 15 changes in existing regulations to be ef­ It further appearing that proposeo U.S.C. 78c, 78g, 78q) fectuated by this order are only minor le making required by section 4(a) oi e Administrative Procedure ac B oard of Governors of the changes with respect to the number of copies of each publication to be filed U.S.C. 1003) is,unnecessary since me F ederal R eserve S ystem , anges in existing regulations to oe [ seal] M erritt S herman, with the Commission; Secretary. It is ordered: That Part 187 of this title Actuated by this order are only mmor be amended by changing § 187.101(a) to anges with respect to the numb _ [F.R. Doc. 59-4781; Filed, June 9, 1959; read; pies of each publication to be fil 8:45 a.m.] e Commission; M f this § 187.101 Motor contract carriers of It is ordered: That Part 187 of thi property having emergency tempo­ ,le be amended by c b a n g rary operating authority for a period Title 21— FOOD AND DRUGS of not more than thirty days may es­ L87.100(a) to read; tablish minimum rates, etc., covering 187.100 Motor common carriers ® Chapter I— Food and Drug Adminis­ emergency movements of property property having emergency j tration, Department of Health, Edu­ without further notice other than rary operating authority for JP ^ cation, and Welfare posting and filing copies of schedules of not more than 30 day with District Office of Bureau of tablish rates, etc., c®v®""Swi,hout PART 3— STATEMENTS OF GENERAL Motor Carriers. gency movements of proper y . further notice other than > . POLICY OR INTERPRETATION (a) Motor contract carriers of prop­ filing copies of tariffs wi* ^ erty who have been granted emergency Office o f Bureau of Motor Ca Revocation of Section temporary operating authority for a per­ Pursuant to the provisions of the Fed­ iod of not more than thirty days under Motor eral Register Act (44 U.S.C. 311) and section 210(a) of Part II of the Inter­ Wednesday, June 10, 1959 FEDERAL REGISTER 4699 temporary operating» authority for a or revised page) naming rates and other public by depositing a copy hereof in the period of not more than thirty days provisions for such emergency move­ Office of the Secretary of the Commission under section 210(a) of Part n of the ments and filing at once four copies of at Washington, D.C., and by filing it with Interstate Commerce Act, may establish each publication together with a letter the Director, Office of the Federal in accordance with the existing tariff of transmittal with the District Director Register. circular rules, except as authorized of the Bureau of Motor Carriers in whose herein and subject to- limitations herein­ district the carrier is domiciled or with Dated at Washington, D.C., this 4th after set forth, rates and other provi­ the District Supervisor designated by thè day of May 1959. sions covering emergency movements of District Director. property without further notice prior to By the Commission. the acceptance of shipments for trans­ (Sec. 204, 49 Stat. 546, as amended; 49 U.S.C. portation other than posting in the 304. Interpret or apply see. 217(c), 49 Stat. [Seal] H arold D. M cC o y , manner required by Rule 20(h) of 560, as amended; 49 U.S.C. 3Ì7'(c) ) Secretary. — Tariff Circular MP No. 3 (§ 187.44(h)), And it is further ordered, That notice [P.R. Doc. 59-4795; Filed, Jiine 9, 1959; an individual tariff (not a supplement of this order shall be given to the general 8:47 a.m.]

PROPOSED RULE MAKING

shall be legible, made with sharp, clear term "young” Qr "mature” or "old”, DEPARTMENT OF AGRICULTURE lines, be properly drawn to scale, and whichever is appropriate; or the appro­ Agricultural Marketing Service shall consist of floor plans and a plot priate class name as described in para­ plan. Drawings or blueprints consisting graph (f) of this section^ The name of 17 CFR Part 81 1 of more than one sheet shall be bound the kind may be used iffaddition to the together at the left margin in sets. class name, but the name of the kind INSPECTION OF POULTRY AND 2. Change §§ 81.14 (a) (3) and (b) (5) , alone without the qualifying age or class POULTRY PRODUCTS respectively, to read: term is not acceptable as the name of Notice of Proposed Rule Making the product. The class name may be (3) The plot plan shall show such fea­appropriately modified by changing the Notice is hereby given that the United tures as the limits of the plant’s prem­ word form such as using the term “roast­ States Department of Agriculture is con­ ises, locations in outline of buildings on ing chicken”, rather than “roaster”. sidering amendments to the regulations the premises, one point of the compass, The name “chicken” may be used with­ governing the Inspection of Poultry and and the location of roadways, railroads out qualification with respect to à ready- Poultry Products (7 CFR, as amended,' and water and sewer lines or sewage fa­ to-cook pack of fresh or frozen cut-up Part 81) pursuant to authority contained cilities serving the plant. young chickens, or a half of a young in the Poultry Products Inspection Act (5) All floor drain openings and gutterchicken, and the name “duckling” may (71 Stat. 441; 21 U.S.C. 451 et seq.). drains,"and all underfloor and under­ be used without qualification with re­ The proposed amendments would in­ ground piping. spect to a ready-to-cook pack of fresh corporate definitions of the various § 81.25 [Amendment] or frozen young ducks. The appropriate classes of poultry and other requirements names for cut-up parts are set forth in with respect to the name of the product 3. Change § 81.25(b) to read: paragraph (d) of this section. When for labeling purposes. In addition, a (b) During such period of suspension, naming parts cut from young poultry, provision would be added which would no prbeessing of poultry or poultry prod­ the identity of both the kind of poultry * prohibit overtime and holiday inspection ucts for commerce shall be carried on in and the name of the part shall be in­ service in establishments that are in a the official establishment. If the plant cluded in the product name. The prod­ delinquent status with respect to the facilities or methods of operation are not uct name for parts or portions cut from payment for overtime and holiday serv­ brought into compliance within a rea­ mature poultry shall include, along with ice rendered the establishment. Cer- sonable period of time, to be specified by the part portion name, the class name ^ specified types of food products the Administrator, inspection service or the qualifying term “mature”. The which contain very small quantities of Shall be withdrawn from the official name of the product for cooked or heat Jbeat and certain poultry dishes establishment. Upon withdrawal of in­ processed poultry products shall include ; ° be exempted from the category spection service in an official establish­ the kind of poultry from which the prod­ i poultry products. Other minor ment, the plant approval shall also uct was prepared, in addition to the nanges ure for clarifying the meaning become terminated. name of the, particular product. certain existing provisions of the reg­ (f) The appropriate class names for ulations or relieving restrictions thereof. 4. Change § 81.35(b) (4) to read: the various kinds of poultry are as fol­ tPiTri tierso?ls who desire to submit writ- .(4) Toilet soil lines shall be separate lows: tinn -A,Views or arguments in connec- from house drainage lines to a point out-«, (1) » Chickens—(i) Rock Cornish game shmiiJïr Proposed amendments side the buildings unless an automatic hen or Cornish game hen. A Rock I thp rv,^le same> in triplicate, with backwater check valve is installed to pre­ Cornish game hen ór Cornish game hen I Marirot/6^ ^he Standardization and vent back-flow. Drainage from toilet is Ó; young immature chicken (usually 5 Marketing Practices Branch, Poultry Di- bowls and urinals shall not be dis­ to 6 weeks of age) weighing not more I UnHpj Q?ri.cultural Marketing »Service, charged into a grease catch basin, nor than 2 pounds ready-to-cook weight, ture Department of Agricul- shall such drainage be permitted to enter which was prepared from a Cornish 15 dav«!Sf1rië^0n 25, D-C-> n°t later than the sewer lines at a point where there chicken or the progeny of a Cornish notice i« KU°^ing Publication of this might be a possibility of such drainage chicken crossed with another breed of tlce m the F ederal R egister. backing up and flooding the floor of the chicken. building. (ii) Broiler or fryer. A broiler or fryer follows ;PrOPOSed amendments are as ' 5. Add the following new paragraphs is a young chicken (usually 9 to 12 weeks . § 81.14 [Amendment] of age), of either sex, that is tender- (e) and (f) to §81.131: «/ meated with soft, pliable, smooth-tex- Change § 81.14(a) (2) to read: (e) The name of the product required tured skin and flexible breastbone car­ to be shown on labels for fresh or frozen tilage. Prints PshSwSieL°f drawings or blue- raw whole carcasses of poultry shall be (iii) Roaster. A roaster is a young terein shain!? the. features specified in either of the following forms: The chicken (usually 3 to 5 months of age), htrator tv. ^»mitted to the Admin- name of the kind (such as chicken, tur­ of either sex, that is tender-meated with • ■‘■ne drawings or blueprints key, or duck) preceded by the qualifying soft, pliable, smooth-textured skin and 4700 PROPOSED RULE MAKING breastbone cartilage that may be some­ completely hardened and a windpipe 8. Change §81.156 to read what less flexible than that of a brpiler that is easily dented. § 81.156 Distribution of inspected or fryer. (iii) Mature duck or old duck. A ma­ products to small lot buyers. (iv) Capon. A capon is a surgically ture duck or an old duck is a duck (usu­ unsexed male chicken (usually under 8 ally over 6 months of age), pf either sex, For the purpose of facilitating the dis­ months of age) th at is tender-meated with toughened flesh, hardened bill, and tribution in commerce of inspected poul­ with soft, pliable, smooth-textured skin. hardened windpipe. try products to small lot buyers (such as (v) Caponette. A caponette is a (4) Geese— (i) Young goose. A young small restaurants), distributors or job­ young, tender-meated chicken (usually goose may be of either sex, is tender- bers may remove inspected poultry prod­ under 8 months of age),-with soft, pli­ meated, and has a windpipe that is easily ucts from shipping containers or imme­ able, smooth-textured skin, which has dented. diate containers, other than consumer been treated with diethylstilbestrol or (ii)^Mature goose or old goose. A ma­ packages, and place them into other its equivalent. ture goose or old goose may be of either shipping containers which do not bear (vi) Stag. A stag is a male chicken sex and has toughened flesh and the inspection mark: Provided, That the (usually under lO months of. age) with hardened windpipe. individual carcasses or consumer pack­ coarse skin, somewhat toughened and (5) Guineas—(i) Young guinea. ^ A ages of the poultry product bear the darkened flesh, and considerable harden­ young guinea may be of either sex, is inspection mark and the plant number of ing of the breastbone cartilage. Stags tender-meated, and has a flexible-breast­ the establishment that processed such show a condition of fleshing and a de­ bone cartilage. products: And provided further, That gree of maturity intermediate between (ii) Mature guinea or' old guinea. A the new shipping container is marked that of a roaster and a cock or old mature guinea or an old guinea may be with the name and address of the dis­ rooster. of either sex, has toughened flesh, and a tributor or jobber and bears the state­ hardened breastbone. ment “The poultry product contained (vii) Hen or stewing chicken or fowl. herein was inspected by the U.S.D.A." A hen or stewing chicken or fowl is a 6. Change § 81.147 to read: mature female chicken (usually more § 81.173 [Amendment] § 81.147 Products of poultry not in­ than 10 months old) with meat less ten­ tended for human food or intended 9. Add the following to § 81.173: "Bills der than that of a roaster, and nonflex - *** for export for processing as human are payable upon receipt and become de­ ible breastbone tip. food. linquent immediately following the end (viii) Cock or rooster. A cock or roost­ of the month in which they were ren­ er is a mature male chicken with coarse Products of poultry that are not in­ dered. Overtime or holiday inspection skin, toughened and darkened meat, and tended for use as human food may, after service will not be performed at any hardened breastbone tip. they have been denatured by an ap^ establishment that is delinquent and (2) Turkeys—(i) Fryer-roaster tur­ proved substance and procedure, be processing operations shall be confined key. A fryer-roaster turkey is a young shipped from the official establishment to the regular operating schedule of the immature turkey (usually under 16 and in commerce even though they do establishment. ” weeks of age), of either sex, that is ten­ not comply with all the provisions of the der-meated with soft, pliable, smooth- regulations applicable to poultry prod­ § 81.202 [Amendment] textured skin, and flexible breastbone ucts. However with respect to such 10. Change subparagraphs (a) (1) and cartilage.' items as poultry heads, feet^ or parts (a) (2) of § 81.202 to read: (ii) ' Young hen turkey. A young henwhich are inedible due to causes other ( 1 ) Poultry processors who conduct no turkey is a young female turkey (usually than disease, it is not required that these slaughtering or eviscerating operations 5 to 7 months of ageT that is tender- items be denatured if they are mixed but who engage in further processing meated with soft, pliable, smooth-tex­ with the offal prepared for animal food operations such as canning, preparing tured skin, and breastbone cartilage thkt and marked as such or marked “Not fit poultry pies, poultry dinners, or other is somewhat less flexible than in a fryer- for human food.” Moreover, feet and poultry products,' or cutting-up and re­ roaster turkey. heads which are kept separate from the packaging of ready-to-cook poultry, are (iii) Young tom turkey. A young tom offal and which have not been prepared hereby exempted, upon compliance with turkey is a young male turkey (usually as poultry products may be shipped from the conditions set forth in this section, 5 to 7 months of age), that is tender- the official establishment and in com­ from the requirements of section 9(a) meated with soft, pliable, smooth-tex­ merce if they are marked “Not fit for of the Act with respect to continuous tured skin, and breastbone cartilage that human food” or if they are intended for resident inspection and from the con­ is somewhat less flexible than in a fryer- export for further processing as human tinuous resident inspection provisions of roaster turkey. food and have been examined and found the regulations in this part; and the (iv) Yearling hen turkey. A yearling suitable for such purpose arid are poultry products produced by such hen turkey is a fully matured female marked in a manner approved by the processors are likewise exempted: Pro­ turkey (usually under 15 months of age) Administrator. The containers of all vided, That the poultry ingredients m that is reasonably tender-meated and such aforesaid products shall bear the such products have been inspected pur­ with reasonably smooth-textured skin. name and address of the packer and the suant to the régulations in this part, or (v) Yearling tom turkey. A yearling plant number of the plant where packed the regulations in Part 70 of this chapter tom turkey is a fully matured male tur­ and shall not bear the official inspection (2) Poultry processors who conduct key (usually under 15 months of age) mark. Slaughtering or eviscerating operations, that. is reasonably tender-meated and 7. Change § 81.153 to read as follows: as well as further processing operations, with reasonably smooth-textured skin. are hereby exempted, upon compliance (vi) Mature turkey or old turkey (.hen "§ 81.153 Shipment of dressed poultry with the conditions set forth in this sec­ or tom). A mature or old turkey is an in commerce. tion, from the requirements of sect old turkey of either sex (usually in excess .Dressed poultry or any poultry slaugh­ 9(a) of the Act with respect to continu­ of 15 months of age) with coarse skin tered for human food or any part ous resident inspection and from the and toughened flesh. thereof, separately tor in combination tinuous resident inspection provisions (3) Ducks—(i) Broiler duckling or with other ingredients (other than the regulations in this part, mso1^ • fryer duckling. A broiler duckling or poultry products) shall not be delivered, they concern‘ the further Proc^ ;f fryer duckling is a young duck (usually received, transported, sold or offered for operations; and the poultry Pf" under 8 weeks of age), of either sex, sale or transport in commerce or from an produced in such further processing official establishment, except as provided erations are likewise «exempted: ; «V , that is tender-meated and has a soft bill vided, That the poultry bagred^ents^ and soft windpipe. in the regulations in this part: Provided, That such poultry may be transported such products have been inspected (ii) Roaster duckling. A roaster duck­ from one official establishment to an­ suant to the regulations in ^h^ P ’ ling is a young duck (usually under Iff7 other official establishment or between the regulations in Part 70 of this chap• weeks of age), pf either sex, that is an official establishment and a foreign For purposes of this paragraph, , . tender-meated and has a bill that is not country. up and packaging of the raw pi Wednesday, June 10, 1959 FEDERAL REGISTER 4701 the establishment where inspected shall (a) Soups which contain less than 2 carrier or importer may furnish and at­ be considered to be an integral part of percent cooked poultry meat; Provided, tach to each package of product a warn­ the slaughtering and eviscerating opera­ That the kind name (such as chicken or ing notice on bright green paper, not tions rather than further processing turkey) shall not be used in the product less than 5 x 8 inches in size, containing operations. name. the following legend in black type of a 11. Change paragraph (f) of § 81.202 (b) Dehydrated soups which contain conspicuous size: less than 2 percent cooked poultry meat, to read: computed on the basis of moist deboned (Name of Truck Line or Carrier) (f) The labeling provisions set forth cooked poultry: Provided, That the kind NOTICE in §§ 81.125 to 81.147 shall apply to poul­ name (such as chicken or turkey) shall This package of poultry product must be try products exempted by this section, not be used in the product name. delivered intact to an inspector of the Poul­ with the exception that the plant num­ (c) Soup bases which contain less try Inspection Branch, U.S. Department of ber and the inspection mark as required than 2 percent cooked poultry meat, Agriculture. in § 81.130 shall not be used, but in lieu computed on the. basis of moist deboned WARNING thereof, the shipping containers or the cooked poultry. Failure to comply with these instructions immediate containers if there are no (d) Gravies, sauces, seasonings or will result "in penalty action being taken shipping containers, shall be marked: flavorings which contain poultry meat against the holder of the customs entry bond. “USDA Exemption No. ___ __” (use or poultry fat only in condimental quan­ If the product is found to be acceptable number of exemption certificate) and tities. upon inspection, the package will be with respect to poultry food products, the (e) Bouillon cubes, 'poultry broths, -marked “Inspected for Wholesomeness immediate containers, or the shipping poultry fat capsules, and sandwiches by the U.S. Department of Agriculture” containers, or both, may be marked: containing poultry, yi and this warning notice* defaced. “Poultry Meat Contained Herein Was (f) Pood products which have been Federally Inspected—Prepared in USDA traditionally not regarded as poultry § 81.311 [Amendment] Approved Plant 000”, and with respect products such as noodles, tamales, pizza, 14. Change paragraph (a) of § 81.311 to ready-to-cook carcasses that are cut ravioli, Brunswick stew, and fried rice, to read as follows : up and packaged. in approved plants, but which contain small amounts of any official inspection marks placed on poultry fat or meat. (a) Any product, other than dressed the carcasses at the establishment where (g) Poultry/dishes used in meals that poultry whibh is forbidden entry by other such poultry was inspected may remain are prepared by caterers or restaurants Federal law or regulation, offered for im­ with the product. Notwithstanding the and served direct to consumers. portation in small quantity, exclusively foregoing, if the exempted products are for the personal use of the consignee, and processed under continuous resident in­ <4 81.305 [Amendment] not f.or sale or distribution, which is spection under the regulations in part 70 13. Change paragraph Ac) of § 81.305sound, healthful, wholesome, and fit for of this chapter, a plant number and in­ to read as follows: human food, and which is not adul­ spection mark as provided in the regula­ terated and contains no substance not tions in this part may be used, in which (c) Means of conveyance or packagespermitted by the Act or regulations in case the special labeling requirements of in which any product is moved in accord­ this part, may be admitted into the this paragraph shall not apply. ance with this subpart, prior to inspec­ United States without foreign inspection tion, from the port or wharf where first certificates and such products are not 12. Add a new § 81.208 to read: unloaded in the United' States, shall be required to be inspected upon arrival in § 81.208 Exemption of certain human sealed with special import seals of the the United States. food products which contain poultry. Department of Agriculture or otherwise (Sec. 14, 71 Stat. 447; 21 U.S.C. 463; 19 F.R. identified as provided herein, unless al­ 74, as amended) The human food products listed in this ready sealed with customs or consular section, which consist in part of edible Issued at Washington, D.C., this 5th seals in accordance with the customs day of June 1959. Parts of poultry, are hereby exempted regulations. Packages shall be securely from classification as poultry products tied before being offered fQr sealing. R oy W. Lennartson, under the Act: Provided, That the poul- Such special seals shall be affixed by in­ Deputy Administrator, try used in such products is federally in- spectors, or, if there, is no inspector at Agricultural Marketing Service. and the other conditions set such port, then by customs officers. In [F.R. Doc. 59-4786; Filed, June 9, 1959; forth herein are met: lieu of tying and sealing packages, the 8:45 a.m.]

NOTICES

chase or disposition of electric utility (5) Authorize the publication of ad­ department o f t h e in ter io r system properties; vertisements, notices, or proposals when Bonneville Power Administration (2) Approve appraisals, accept op­ required by law, and authorize payment tions, and authorize the purchase of all therefor; chief OF THE BRANCH OF LAND interests in real estate necessary for tHfe (6) Execute trust fund agreements for Administration’s program, and authorize the accomplishment of work for others Redelegations of Authority payment therefor ; relating to real property owned by the P u£iS ?> ^delegations of Authority, (3) Determine, for the purpose of Government, and other agreements making reimbursements pursuant to the necessary for the protection of land 9 19« ronrfÎÏ? Fkderal Register March Act of May 29, 1958 (72 Stat. 152), the rights obtained by the Government, ex­ vember u ° S 1412)- as amended No- fair value of any parcel of land acquired cept those involving power contracts; tended fo195Vto read as 23 followsP,R‘ 8938) : * is hereby by the Administration, fix the amounts (7) Issue the necessary purchase orders for procuring title services. fav ' activities.' of reimbursement to which owners and tenants of such parcels of land may be /2Ei/2; Cambridge Livestock Sales Co. Huntsville Livestock Commission Sec. 35; Lots 1, 2 ,3 ,4 , N ^ , Ni/aSyi. > "Xiambridge______.______May 5,1959 Co., H untsville.— ______May 12,1959 T. 7' S., R. 22 E., Crete Sales Pavilion, Crete__ Apr. 22,1959 Livingston Livestock Auction Co., Sec. 1; Lots 1, 2,3, 4, sy2Ny2, S ^ f Dovei Sale Barn, Auburn_____May 2,1959 Livingston _____ — — ~ Apr. 17. W» Sec. 2; Lots 1, 2, 3, 4, Sy2N ^ , sy 2; Lincoln Livestock Commission Wellington Livestock Commis- Sec. 11; All; sion Co., Wellington------May .7,1» Sec. 14; AIL Co., L incoln______!__ May 1,1959 T. 7 S., R. 23 E„ Pl^inview Sales Pavilion, Inc., Virginia Sec. 5; Lots 2, 3, 4, S^ N W 1/*, Wy2SWi4; Plainview ______May 6,1959 Sec. 6; Lots 1, 2, 3, 4, 5, SE%NE%, E ^ S E ^ ; Seward Sale Barn, Seward___ , May 4,1959 Nokesville * Livestock Auction Sec. 7; Lot 1, N E ^ N E ^; Inc., Nokesville— — — - May M 9’9 North Carolina Sec. 8; NE& NE^. Wisconsin Carolina-Virginia Stockyard, This area includes a total of 5,988.78 Windsor...... — ______May 11,1959 Boscobel Sale Barn, Boscobel— May H. 195 acres. " ~ , Greenville Live Stock Sales, Clearwater Farms, Inc., plainT M 8> i959 Michael T. S olan, G reen ville______,_- ____Apr. 30,1959 field------__ n 1959 Acting State Supervisor. Hooker and Company, Kinston- May 13,1959 Drees Livestock Co., Peshtigo— May «. [F E . Doc. 59-4784; FUed, June 9, 1959; Mineral Springs Livestock Mar­ Mattes Livestock Market, Inc., ^ 1959 8:45 a.m.] ket, Mineral Springs______* May 11,1959 Thorp------Wednesday, June 10, 1959 FEDERAL REGISTER K 4703 Done at Washington, D.C., this 4th day of commodities pursuant to such an­ ing commodities and for this purpose of June 1959. nouncements. shall maintain a bona fide business office D avid M. P etttjs, Disposals and other handling of inven­ in the United States, its territories or Director, Livestock Division, tory items often result in small quan­ possessions, and have a person, principal, s, Agricultural Marketing Service. tities at given locations or in qualities or resident agent upon whom service or [PR. Doc. 59-4790; Filed, June 9, 1959; not UP to Specifications. These lots are judicial process may be had. 8:46 a.m.] offered promptly upon appearance by public notice issued by the appropriate Prospective buyers for export should CSS Office and therefore generally they note ' that generally, sales to United do not appear in the Monthly Sales List. States Government agencies,, with only Commodity Credit Corporation minor exceptions, will constitute a do­ N otice to E xport B uyers mestic, unrestricted use of the com­ SALES OF CERTAIN COMMODITIES On sales for which the buyer is re­ modity. June 1959 Monthly Sales List quired to submit proof to CCC of exr Commodity Credit Corporation re­ portation the buyer shall be regularly serves the right, before making any sale, Pursuant to the policy of Commodity engaged in the business of buying or sell- to define or limit export areas. Credit Corporation issued October 12, 1954 (19 F.R. 6669) and subject to the Commodity Sales price or method of sale conditions stated therein, the commodi­ ties listed below are available for sale in Dairy products. All sales are under LD-29 and amendments. All sales are in earlotS' only. As the quantities stated and on the price many as 3 buyers may participate in purchasing a single carlot. Domestic prices: For unrestricted-use price is “in store” 1 at storage locations of basis set forth. The Commodity Credit products. For restricted use price is on the basis of delivery f.o.b. cars at Corporation will entertain offers from point of use named in offer. CCC will convert to “in store” price as provided prospective buyers for the purchase of in LD-29. Export prices are on the basis of delivery f.a.s, vessel or at buyers option f.o.b. any such commodity. cars point of export. If delivery is to De “in store” CCC will convert to “in Applicable interest rates on credit store” price as provided in JLD-29. During June, Commodity Credit Corporation’s sales price for butter and sales made in June under the Export nonfat dry milk for export shall be 7.0 cents per pound for nonfat dry milk Sales Announcement GSM 1 are as and 37.0 cents per pound for butter; Provided, however, That Commodity Credit Corporation’s prices for these commodities if used to fulfill contractual follows: commitments with foreign buyers entered into prior to February 1, 1959, For periods up to and including 6 shall be the export prices in effect for export sales of these products by Com­ months, 4 y8 percent per annum. modity Credit Corporation during the month of January 1959, unless an amendment to such contractual commitment is made providing for a decrease For periods over 6 months up to and in the respective prices to the foreign buyers equal to the.difference between including 18 months! 4% percent per Commodity Credit Corporation’s January and June 1959 prices -^Provided, further, That Commodity Credit Corporation’s prices for these commodities annum. if used to fulfill any contractual commitments entered into prior to Febfu- For periods over 18 months up to and ' ary 1, 1959, with U,S. Government Agencies which execute the certificates - required by paragraph 11(c) of LD-29, shall be the export prices in effect for including 36 months, 5 Va percent per export sales of these products by Commodity Credit Corporation during the annum. . >■ month of January 1959. y * Offers to purchase from Commodity Credit Corporation butter and nonfat dry N otice to B u y e r s milk for export shall state (1) “ Offer is made pursuant to Announcement LD-29 and to the pricing and other conditions set forth in the June 1959 If CCC does not have adequate infor­ Monthly Sales List published in the F ederal Register,” (2) whether offer is to fulfill Public Law 480 commitments, and (3) either (a) date of contract of mation as to the financial responsibility sale to foreign buyer or U.S. Government Agency if £uch date is prior to of prospective buyer to meet all contract February i, 1959, and whether the sales prices to the foreign buyers have been reduced as required or (b) the exportation of “dairy products purchased will obligations that might arise by accept­ not be pursuant to any sales or contract of sale made prior to February 1, ance of an offer or if CCC deems such 1959.” Submission of offers: For products in Arizona, California, Idaho, Nevada, buyer’s financial responsibility to beJLn- Oregon) Utah, and Washington, submit offers to the Portland CSS. Com­ adequate CCC reserves the right (i) to modity Office. For products in other States and the District of Columbia, refuse to consider the offer (ii) to accept submit offers to the Cincinnati CSS Commodity Office. Butter. -Domestic, unrestricted use: 66.25 cents per pound, New York, Pennsylvania, the offer only after subniission by the New Jersey, New England, and other States bordering the Atlantic Ocean buyer of a certified or cashier’s check, and Gulf of Mexico. 65.5 cents per pound,-Washington, Oregon, and Cali­ fornia. All other States 65.25 cents per pound. bond, letter of credit or other security Domestic, restricted use: For use as an extender for-cocoa butter in the manu­ acceptable to CCC assuring that the facture of chocolate and in such a manner as will not displace other dairy prod­ ucts from use in the manufacture of other products made from chocolate, 39 buyer will discharge the responsibility cents per pound. under the contract, or (iii) to accept Export, unrestricted use: 37 cents per pound. the offer upon condition that the buyer Nonfat dry milk (spray roller) as Domestic, unrestricted use: Spray process, U.S. extra grade: In barrels and available. drums, 16.0 cents per pound; in bags, 15.15 cents per pound. Roller process, Promptly submit to CCC such of the U.S. extra grade: In barrels and drums, 14.00 cents per pound; in bags, 13.15 ^mentioned security as CCC may cents per pound. Domestic, restricted use (animal and poultry feed): In barrels, drums, or bags, 10.65 cents per pound. 1 Prospective buyer is in doubt as to Export, unrestricted use: Spray or roller process, U.S. extra grade: In barrels, drums, or bags, 7.0 cents per pound. is acquainted with-his fi- Cheddar Cheese, Cheddars, flats, Domestic, unrestricted use: 38.0 cents per pound for New York, Pennsylvania, nanciai responsibility he should com- twins, rindless blocks (Stand­ New England, New Jersey, and other States bordering the Atlantic and municate with the CSS Office at which ard moisture basis). Pacific and Gulf of Mexico. All other States 37.0 cents per pound. . 1 Hi <** * Export, unrestricted use: 35 cents per pound. Cheese prices are subject to usual whofu r 1S ke Placed to determine adjustments for moisture content. Cotton, u p la n d ....____J______Domestic, unrestricted use: Competitive bid and under the terms and con­ van« « a financial statement or ad- ditions of Announcement NO-C-5 (Revision I), as amended! but not less financial arrangement will be nec­ ’ than the higher of (1) 105 percent of the current support price plus reasonable essary m his case. carrying charges, or (2) the domestic market price as determined by CCC. Export: Competitive bid and under the terms and conditions of Announce­ tra^oiUilcements containing the con- ments CN-EX-5 and N O -C-ll, as amended. thP «Jr anfi conditions of sale for Cotton, extra long staple. Domestic (unrestricted use) or export: Competitive bid and under the terms and conditioqp of Announcement NO-C-6, as amended, and NO-C-10, as a i2 ? ? eetlvei commodities will be fur- amended, but not less than the higher of (1) 105 percent of the current support encp n request. For ready refer- price plus reasonable carrying charges, or (2) the domestic market price as determined by CCC. areid °f these announcements Catalogs for upland and extra long staple cotton showing quantities, qualities, J S * « * code number in the fol- and locations may be obtained for a nominal fee from the New Orleans CSS Commodity Office. ratirJf nhSt' Commodity Credit Corpo- Oats, bulk. Domestic, unrestricted use: Market price, basis in store,2 but not less than the timp t/f*^erves the 'rigfit to amend, from . 1958%pplicable loan rate, plus (l) a markup of l5 cents per bushel for oats in storage at point of production, (2) a markup of 17 cents per bushel and the whinK «time’ any °f ibs announcements rail freight from point of production to^present point of storage for oats in and hp /fi^fiments shall £>e applicable to storage at other than the point of production. Examples of the foregoing minimum price per bushel including average paid-in therpnft a^e ? parb of the sale contracts freight from Woodford County, 111., tb Chicago and Redwood County, Minn., hereafter entered into. to Minneapolis respectively: "V. ' Chicago, No. 3 oats or better______$0.86ti all offprQ6^ 1^^8 rigilt reject any or Minneapolis, No. 3 oats or better______,80)£ placed with it for the purchase No. H3—__4, See footnotes at end of table. 4704 4704

Sales price or method of sale Commodity Sales price or method of sale Commodity

Rye, bulk—Continued. B For rye not included under A above: Market price but not less than the Oats, bulk—Continued Export: Under Announcement GR-212, revised, amended, for application to 1958 applicable loan rate plus (1) 22 cents per bushel if received by track or barter contracts and approved credit and emergency sales and under An­ 17 cents per bushel if received by rail, plus (2) any reductions in effect on nouncement GR-368 for Feed Grain Payment-in-Kind Program. May 1,1958, from the point of storage to the designated terminal.* Available Minneapolis, Evanston, Kansas City, Portland, and Dallas ybb If delivery is outside the area of production, applicable freight will be added Commodity Offices. . to the above. . . __ , , „ „ . Wheat, bulk. Domestic, unrestricted use: Commercial wheat-producing area: A For wheat stored at any designated terminal set forth in CCC Price Example of the foregoing minimum price per bushel (exrail or barge): Support Bulletin Supplement and transit billing wheat: Market price basis Minneapolis, No. 2 or better------•------f* iri store but not less than the 1958 applicable loan rates plus (1) 25 cents per Export: Under Announcement GR-212, revised, amended, for application to bushel if received by truck or (2) 20 cents per bushel if received by ran or approved credit and emergency sales, and under Announcement GR-368 b8TS6, ■ ■ • - 'for Peed Grain Payment-in-Kind Program. . ■ „ . B For wheat not included under A above: Market price but not less than the Available: Domestic, Evanston, Minneapolis, Kansas City, and Portland 1958 applicable loan rate plus (1) 25 cents per bushel if received by track or CSS Commodity Offices. Export, Minneapolis, Evanston, Portland, Dallas, 20 cents if received by rail, plus (2) any redactions in freight rates, in effect •and Kansas City CSS Commodity Offices. . . . » Cfraln sorghums, bulk. Domestic, unrestricted use: A. For grain sorghums originating in Arizona at time of sale, from those in effect bn May 1,1958, from the point of storage California, Idaho, Nevada, New Mexico, Oregon, Utah, and Washington or to the designated terminal.3 • . stored at any designatedterminal set forth in CCC Price Support Bulletin Examples of the foregoing minimum per bushel (exrail or barge): Supplement and transit billing grain sorghums: Market price basis in store Chicago, No. 1 R W ...... >-...... —-...... j------r-~ --...... -— $2.35 but not less than the 1958 applicable loan rates plus (1) 39 cents per hundred­ Minneapolis, No. 1 DNS.v.------...... ------2.40 weight if received by truck or ' (2) 30 cents per hundredweight if received by Kansas City, No. 1 HW...... ¿...... -...... —• 2.35 Portland, No. 1 SW------r------—r- - — ------2.25 Br Forrgrain sorghums not included under A above: Market price but not less Noncommercial wheat-producing area: Same basis as in commercial area except than the 1958 applicable loan rate plus (1): 39 cents per hundredweight if 133 percent of applicable support rate. . . , received by truck or 30 cents per hundredweight if received by rail, plus (2) If delivery is outside the area of production, applicable freight will be added to any reductions in effect on May 1, 1958, from the point of storage to the desig­ the above. . __ , . . . . Export (as wheat): Under Announcement GR-261 revised, as amended, fqr nated terminal.3 .. , i . ... ^ application to barter contracts and approved credit sales only at prices deter- If delivery is outside the area of production, applicable freight will be added to fftined daily, and under Announcement GR-212 revised, amended, for specific Exampkiof the foregoing minimum price perVhundredweight (exrail or barge): offerings as announced. Disposals under Payment-in-Kind Program under Kansas City, No. 2 or better------.------*2.61 Announcement GR-345. _ Export: Undter Announcement GR-212 revised, (amended, for application to Available Evanston, Dallas, Kansas City, Minneapolis, and Portland CSS barter contracts and approved credit ahd emergency sales, and under Commodity Offices. . '■ ' ■. , Announcement GR-368, for Feed Grain Payment-in-Kind Program. Barley, bulk. Domestic, unrestricted use: A. For barley stored at any designated terminal set forth in CCC Price Support Bulletin Supplement and transit billing Available: Domestic, Dallas, Portland, Kansas City, Minneapolis, and barley: Market price basis in store but not less than the 1958 applicable loan Evanston CSS Commodity Offices. Export, Evanston, Dallas, Kansas City, Minneapolis, and Portland CSS Commodity Offices. , NOTICES rates plus (1) 19 cents per bushel if received by track or (2) 16 cents per bushel Domestic, unrestricted use: Market price but not less thanequivalent 1958 loan if received by rail or barge. k . , , . . . Rice, milled (as available). B. For barley not included under A above: Market price but not less than the rate for rough rice by varieties and grades plus 5 percent’ adjusted for milling, 1958 applicable loan rate3 plus (1) 19 cents per bushel if received by truck or plus 80 cents per hundredweight basis in store. Prices and quantities available 16 cents per bushel if received by rail, plus (2) any reductions in freight rates ■ .by varieties and grades may be obtained from Dallas aqd Portland CSS in effect at time of sale from, those in effect on May 1, 1958, from the point Commodity Offices. of storage to the designated terminal.* ...... Example of minimum prices of milled rice per cwt., at mills: If delivery is outside the area of production, applicable freight will be added to the above. ^ . U.S. No. 3 Example of the foregoing minimum price per bushel (exrail or barge): Minneapolis, No. 2 or better------*!• 34 Export: Under Announcement GR-212 revised, amended, for application to $10.40 $9.70 barter contracts and approved credit and emergency sales, and under An­ 9.47 8.87 nouncement GR-368 for Feed Grain Payment-in-Kind Program. Available Minneapolis, Evanston, Kansas City, Portland and Dallas CSS Commodity Offices. ' Export: Under GR-379 for application to approved barter contracts and ap­ Com, bulk. Domestic, unrestricted use: Commercial corn-producing area: Market price, proved credit sales. Prices and quantities available by varieties and grades basis in store,* but not less than the 1958 applicable loan rate for com pro­ duced in compliance with 1958 acreage allotments plus: (1) a markup of 19 may be obtained from Dallas and Portland CSS Commodity Offices. ■ cents per bushel for com in storage at point of production, (2) a markup of Special export: Competitive bid for"California Rice under GR-PD-99 (revised). Rice, rough. Domestic, unrestricted use: Market price but.not less than the 1958 loan rate 21 cents per bushel and the rail freight from point of production to the present plus 5 percent, plus 60 cents per hundredweight, basis in store. _ point of storage for corn in storage at other than the point of production. Export: As milled or brown under Announcement GR-369 Rice Export Pro­ Examples of the foregoing minimum price per bushel for No. 2 yellow corn. gram Payment-in-Kind, and under GR-379 for approved barter contracts 13.3 percent moisture and 1.4 percent foreign material including average and approved credit sales. ’ , _ ,, . _ . paid-in freight from Woodford County, 111., to Chicago and Redwood County, Prices, quantities, and varieties of rough rice available from Dallas and Port­ Minn., to Minneapolis, respectively. land CSS Commodity Offices. \ , , . ' ± ^ . . . . „ Chicago...... —...... V------*>------31.76|| Domestic for crushing or export: Market price basis m store but not less than Minneapolis______•__ —1----- ..... ------v ------!• 6594 Soybeans, bulk 1957 and 1958 crop Noncommercial corn-producing area: Market price, basis in store,* bu^ not less (as available). the 1958 basic loan rate fear No. 2 grade, basis point of production plus 6)2 . than 133 percent of the applicable 1958 loan rate plus markups as above. cents per bushel. Market discounts for quality factors will be applied to the Non-storable bom, unrestricted Use (as available): At other than bin sites, through basic price to determine the actual minimum sales prices. If delivery is the offices indicated below. At bin sites, through ASC County Offices. outside the area of production, applicable freight and out-elevation charges Export: Under Announcement GR-212, revised, amended, for application to at country loading point and in-elevation charges at sub terminal or terminal barter contracts and approved credit and emergency sales, and under An­ storage point will be added to the above price. 1 v _ ■ nouncement GR-368 for Feed and Grain Payment-in-KinckProgram. Sales of 1957-crop soybeans for application to barter contracts will be made Available Evanston, Dallas, Kansas City, Minneapolis ana Portland CSS under GR-212, revised, amended. i J, _ _ Commodity Offices. ’ -' Available Evanston, Kansas City, and Minneapolis CSS Commodity Offices. Bye, bulk. Domestic, unrestricted use: A-For rye stored at any designated terminal set forth in CCC Price Support Bulletin Supplement and transit billing rye: Market price basis in store but not less than the 1958 applicable loan rates plus (1) 22 cents per bushel if received by truck or (2) 17 cents'per bushel if received by rail or barge. See footnotes at end of table. Wednesday, June 10, 1959 F e d er a l r eg ist er 4705 said Robert W. Cherry; and (2) to exe­ Commodity Sales price of method of sale cute such assignments or other instru­ ments necessary or appropriate to vest Dry edible beans ' (bagged) (as Domestic, unrestricted Hse: Domestic market price but not less than the follow­ available). ing minimum price per cwt. for U.S. No. 1 f.o.b. indicated points of produc- in Mr. Cherry full title to all funds, prop­ 1 tion, amount of paid-in freight to be added as applicable. For other grades, erty, and claims vested in Mr. Hogan adjust by market differentials. In other areas, adjust by the 1958 price sup- portNdlffereritial. ' as Market Administrator of Order No. 47. Done at Washington, D.C., this 4th day Price per Area of pro­ CSS Com­ of June 1959. Class hundred­ duction modity Clarence L. M iller, weight Office Assistant Secretary. Small red______;______$7.36 Portland. [F.R. Doc. 59-4816; Filed, June 9, 1959; Pink___,___...... ______7.20 Portland. 8:50 a.m.] Large limas______...... 40.30 Portland.

Other classes offefed as available. Export: Competitive bids under Announcement GR-376 as announced bv the Portland.CSS Commodity Office. Flaxseed, bulk (as available)-.___■ Domestic for crushing or export: Market price basis in store but not less than the 1958-crop support rate for grade No. 1 with 10.6-11.0 moisture. Premiums Maritime Administration and discounts provided in loan bulletin to apply to other qualities. Available Portland and Minneapolis CSS Commodity Offices. [Docket No. S-94] Tung oil...___ Export: Competitive bid under Announcement CT-OP-IO by Cincinnati CSS Commodity Office. — AMERICAN PRESIDENT LINES, LTD. Burley tobacco. Domestic (unrestricted use) or export: Competitive bid under the terms and conditions of announcement to be issued. This announcement will coW various lotSjtotaling about 11,000,000 pounds. Copies of such announcement, Notice of Application and of Hearing when issued, may be obtained from the Tobacco Division, Commodity Stabilization Service, U.S. Department of Agriculture, Washington 25, D.C Notice is hereby given of the applica­ Peanuts, shelled. Domestic, unrestricted use: Market price but not less than the 1958 support tion of American President Lines, Ltd., price plus 5 percent, adjusted for milling, plus, reasonable carrying charges, under Announcement. 3 by the Dallas CSS Commodity Office. for written permission of the Maritime Examples of the foregoing minimum price per pound. Virginias: Extra large, Administrator, under section 805(a) of 24.45 cents per pound; Medium, 22.38 cents per pound; No. 1, 20.27 cents per pound. thé Merchant Marine Act, 1936, as Domestic for crushing or export: Competitive bid under CCC Peanut An­ amended, 46 U.S.C. 1223 to permit the nouncement 1, as amended. , -v^L carriage of passengers to be booked by Available Dallas CSS Commodity Office. Gum turpentine. Domestic, .unrestricted use: Offer and acceptance basis, bulk in tanks, in the the Military Sea Transportation Service stated quantities and in the designated storage tanks subject to the prices, from Hawaii to California aboard the terms and conditions of Announcement TB-21-59 and supplements thereto which will be issued monthly. Available through ATFA, Valdosta, Qa. “SS President Hoover”, Voyage No. 20 Export: Competitive bid bulk in storage tanks subject to Announcement sailing for San Francisco from Honolulu TB-21-59 ancTweekly supplements thereto. in its trans-Pacific Trade Route No. 29, Gum rosin. Domestic, unrestricted use: Offer and acceptance basis, in galvanized metal drums (averaging 517 pounds net) ip the stated quantities arid on the-desig­ Line A-l Service on or about July 29, nated storage yards, subject to the terms and conditions of Announcement 1959. This application may be inspected TB-21-59 and supplements thereto which will be issued monthly. Available through the American Turpentine Farmers Assn. Coop., Valdosta, Ga. by interested parties in the Office of Gov­ Export: Competitive bid in storage, subject to Announcement TB-21-59 and ernment Aid, Maritime Administration. weekly supplements thereto. A hearing on the application has been set before the Maritime Administrator of'the buyJr0CeSS°r’S Plant °r warehous® but with any prepaid storage and outhandling charges for the benefit for June 19, 1959, at 2:30 p.m., e.d.t., 1 t e ? i“ CCC bin sites delivery will.be made'f.o.b. buyer’s conveyance at in Room 4519, General Accounting Office courities at the Lmfl n S 1 f St’ •J‘1^ i11k 1iso be m,ade m store,approved warehouses in such county and adjacent Building, 441 G Street NW., Washing­ 3 this ’ Proj 4 ed the buyer makes arrangements with the warehouse for storage documents, sales at nm°Wm?r,d necessary to insure continuation of CCC sales at terminal locations in their normal ratio to ton 25, D.C. Any person, firm or cor­ fn a m o u n t „ " f r - T,he minimum sales prices of these grains at affected locations will be increased by poration having any interest (within the nated t e r m i n a l ^ lnS t0 anJ . de°F^se sinc® 1» 1958, in the freight rates from the point of storage to a desig- natea terminal. CSS Commodity Offices will furnish freight rate information upon request. meaning of section 805(a)) in such ap­ plication and desiring to be heard on 7n«rr’ 1070, as amended: 15 U.S.C. 714b. Interpret or apply sec. 407, 63 Stat. 1055; issues pertinent to section 805(a) must, ‘ U.S.C. 1427, sec. 208, 63 Stat.-901) before the close of business on June 18, Issued: June 4 , 1959. 1959, notify the Secretary, Maritime Ad­ ministration in writing, in triplicate, and H. L. M anwaring, file petition for leave to intervene which Acting Executive Vice President, shall state clearly and concisely the Commodity Credit Corporation. grounds of interest., and the alleged facts [F.R. Doc. 59-4814; Piled, June 9, 1959; 8:49 a.m.] relied on for relief. Notwithstanding anything in Rule 5(n) of the rules of practice and procedure, Maritime Ad­ ministration, petitions for leave to inter­ Office of the Secretary John J. Hogan, having heretofore been vene received after the close of business designated as the agent to liquidate the RE?OVAL o f liquidating a g e n t on June 18, 1959, will not be granted in business of the office of the Market Ad­ this proceeding. AND SUBSTITUTION OF AGENT OF ministrator of Order No. 47, as amended, Dated: June 5, 1959. i.ftm i!CRETARY TO CONTINUE is hereby removed from such office, effec­ LJmi5.AT,0N UNDER TERMINATED tive May 16, 1959 (lli59 p.m„ e.s.t,). [ seal] J ames L. P imper. MILK ORDER NO. 47, AS AMENDED Robert W. Cherry is hereby designated as Agent of the- Secretary under Order [F.R. Doc. 59-4805; Filed, June 9, 1959; A ctN ^ÎÎ S A Provisions of Public No. 47, effective as of 12:01 a.m., e.s.t., 8:48 a.m.] and m '-üi ‘ Congress, as amended May 17, 1959, to continue with the liqui­ A g ric u ltu ra l £U?d amended by the dation of the business of the Market Ad­ of 1977Ural Marketing Agréeraient Act ministrator’s office in accordance with ATOMIC ENERGY COMMISSION seq ) and mamended (7 U S C- 601 et the applicable provisions of Order No. [Docket No. 50-22] and 94707 ¡3 ac(lordance with §§ 947.92 4? and in compliance with the authority reguktw ° f der No- 47> as amended, and directives set forth in the aforesaid WESTINGHOUSE ELECTRIC CORP. Pall Rivor^bf ,handling of milk in the Termination Order (23 F.R. 9507, 9508), area (tho ™ .^sachusetts, marketing or as further directed by the Secretary. Notice of Reopened Hearing cept §1 947DqoV1S1®Jns of said Order, ex- The said John J. Hogan is hereby di­ On May 6,1959, the Commission issued ^minated 'on n nd 947 93 ’ having been rected (1) to deliver all funds on hand, its order reopening the above designated 9507) ed °n December 31, 1958, 23 P.R. if any, together with the books and rec­ proceedings and provided for the recep­ ords of the Market Administrator to the tion of additional evidence respecting the 4706 NOTICES fihal inspection proposed to be under­ Registry N 7463, which occurred near ceeding is extended from June 10, 1959, taken of the nuclear test reactor facility Chase, Maryland, May 12,1959. to December 11, 1959. sought to be licensed herein. Notice is hereby given, pursuant to the Adopted: June 3,4959. » Pursuant to that order, and on June 8, Federal Aviation Act of 1958, particu­ 1959, the Presiding Offîcèr has been ad­ larly Title VII of said Act', in the above- Released; June 4,1959. vised that the final inspection has been entitled proceeding that hearing is F ederal Communications completed and evidence thereof is ready hereby assigned to be held on Wednes­ Com m ission, for presentation in the record. day, July 8, 1959, at 9:00 a.m. (local [ seal] M ary J ane M orris, It is ordered, And notice is hereby time), in the Ballroom of the Southern Secretary. given in accordance with the Order of Hotel, Light and Redwood Streets, Bal­ timore, Maryland. . * [F.R. Doc. 59-4808; Filed, June 9, 1959; the Commission reopening the proceed­ 8:48 a.m.] ings herein, and with the consent of the Dated at-Washington, D.C., June 1, Parties, that a hearing in this matter 1959. shall be held on June 11, 1959 at 10:30 a.m., e.d.s.t., in the Auditorium of the [ seal! T homas K . M cD ill, Headquarters of the Atomic Energy Hearing Officer. [Docket Nos. 12566, 12774; FCC 59-512] Commission at Germantown, Maryland [F.R. Doc. 59-4807; Filed, June 9, 1959; SANFORD L. HIRSCHBERG ET AL. for the presentation and reception of all 8:48 a.m.] evidence, bearing upon the final inspec­ Memorandum Opinion and Order tion of the nuclear test reactor facility Scheduling Hearing involved in this proceeding, the opera­ tion thereof, including particularly FEDERAL COMMUNICATIONS In re applications of Sanford L. safety and matters related thereto, all Hirschberg and Gerald R. McGuire, in accordance with the aforesaid order COMMISSION Cohoes-Watervliet, New York, Docket of the Commission. No. 12566, File No.' BP-11261; W. Frank [Docket No. 12517; FCC 59-530] Short and H. Clay Esbenshade, d/b as Issued: June 8, 1959, Germantown, SPECIFIED NON-BROADCAST AC­ Fairview Broadcasters, Rensselaer, New Md. York, Docket No. 12774, File No. BP- S amuel W . J ensch , TIVITIES ON MULTIPLEX BASIS 12209; for construction permits for new Presiding Officer. Order Extending Time for Filing standard broadcast stations. [F.R. Doc. 59-4839; Filed, June 8, 1959; Comments 1. The Commission has before it for 2:07 p.m.] consideration (1) a petition to enlarge In the matter of inquiry into Amend­ issues, filed March 12, 1959, by W. Frank ment of Parts 2, 3, and 4 of the Commis­ Short and H. Clay Esbenshade, d/b as sion’s rules and regulations and the Fairview Broadcasters (Fairview); (2) DEPARTMENT OF THE TREASURY Standards of Good Engineering Prac­ an opposition to this petition, filed April Bureau of Customs tice concerning FM broadcast stations 6, 1959, by Sanford L. Hirschberg and to permit FM broadcast stations to en­ Gerald R. McGuire (Hirschberg-Mc­ [643.3] gage in specified nonbroadcast activi­ Guire); and (3) the answer of the Com­ MALLEABLE IRON PIPE FITTINGS ties on a. multiplex basis; Docket No. mission’s Broadcast Bureau (Bureau) to FROM JAPAN 12517. Fairview’s petition, filed April 6 ,1959.1 1. The Commission has before it a 2. Hirschberg-McGuire applied for a Notice That There Is Reason To Believe “Request for Extension of Time” filed construction permit for a new standard or Suspect Purchase Price Is Less or May 18, 1959, by the Electronic Indus­ broadcast station at Cohoes-Watervliet, Likely To Be Less Than Foreign tries Association (EIA) directed to the New York, to operate on 1300 kc. By Commission’s Further Notice of Inquiry Market Value Commission Order released August 4, released March 12, 1959, which enlarged, 1958 (FCC 58-768), this application was J une 4, 1959. the scope of the above-captioned pro­ designated for hearing on issues relating Pursuant to section 201(b) of the An­ ceeding to afford interested persons an* to the areas which this proposed opera­ tidumping Act, 1921, as amended (19 opportunity to submit additional data tion would serve and relating to inter­ U.S.C. 160(b)), notice is hereby given and views dealing specifically with the ference which would be caused by it to that there is reason to believe or suspect, matter of stereophonic programming. several other stations. Fairview filed an from information presented to me, that The EIA requests that the closing date application for-a new standard broad­ the purchase price of malleable iron pipe for submission of comments be extended cast station at Rensselaer, New York, fittings imported from Japan is less or from June 10, 1959, to December 11, which, would likewise operate on 1300 likely to be less than the foreign market 1959. kc. Because these two applications in­ value, as defined by sections 203 and 205, 2. In support of its request for ex­ volved mutually destructive interference, respectively, t of the Antidumping Act, tension of time, EIA states that it has they were designated for hearing in a 1921, as amended (19 U.S.C. 162 apd established the National Stereophonic consolidated proceeding; the issues spe­ 164). Radio Committee (NSRC) for the pur­ cified relate to the areas and populations Customs officers are being authorized pose of making detailed technical.stud­ to be served, to the interference which to withhold appraisement of entries of ies of several -possible methods of the Hirschberg-McGuire proposal would malleable ifon pipe fittings from Japan providing compatible stereophonic trans­ cause to other stations, and to whether pursuant to § 14.9 of the Customs Regu­ mission; that six panels have been es­ the Fairview application was filed i lations (19 CFR 14.9). tablished within the NSRC to facilitate good faith. The Order consolidating [ seXl I R alph K elly, these studies, which studies will not be these applications for hearing was re­ Commissioner of Customs. completed for some months; and that leased February 24, 1959 (FCC 59-12 [F.R. Doc. 59-4806; Filed, June 9, 1959; the NSRC studies represent an industry­ and published in the F ederal Regis 8:48 a.m.] wide effort to resolve the technical prob­ on February 27, 1959. «„„Mts lems involved in FM stereophonic 3. In its petition, Fairview requests multiplexing. that the issues be enlarged by mclu,dl“° 3. In view of ther foregoing represen­ the standard comparative issue an > CIVIL AERONAUTICS BOARD tations, it appears that the public inter­ to Hirschberg-McGuire, by indudmg an [Docket No. SA-341] est would be served by extending the issue under § 3.30(b) of the Comm* closing date for the submission of com­ sion’s rules. In support of the lat ACCIDENT OCCURRING NEAR ments in the manner requested. quest, Fairview states that althoug CHASE, MD. 4. Accordingly, it is ordered, That the aforementioned request for extension of 1 By Order of the Nearing J&aminer. Notice of Hearing time is granted; and the' closing date :ased March 27, 1959 (FCC 59M-387), the In the matted of investigation of acci­ for the submission of comments on the me for filing responsive pleadings was dent involving aircraft of United States Further Notice of Inquiry in this pro­ >nrlArf tn Anril 6. 1959.-

t -i Wednesday, June 10, 1959 ~ FEDERAL REGISTER 4707 Hirschberg-McGuire application speci­ asserts, require the addition of the stand­ the applicants is better qualified to serve fies dual cities as the station location, it ard comparative issue, citing Huntington the Albany-Troy area. It would be makes no showing that there would be Broadcasting Company, 5 RR 721, 743; ignoring the realities of the situation for compliance with the requirements of Polly B. Hughes, 14 RR 782, 790; and the Commission to hold that section § 3.30(b). The Bureau supports Fair- Radio Tampa, 16 RR 724, 727. 307(b) considerations have any appli­ view’s request. Hirschberg-McGuire 6. In opposing the requested addition cability, the Bureau concludes, if the two oppose the addition of the requested is­ of the standard comparative issue, applicants, while attempting - to gain sue on the ground that its .application Hirschberg-McGuire distinguish the 307(b) advantages for themselves by specifies its studio location at its pro­ Huntington decision on its facts, noting proposing identification with com­ posed transmitter site; that § 3.30(a) of that Huntington involved mutually ex­ munities peripheral to the Albany-Troy the Commission’s rules provides that the clusive applications for a Class II station community, are in reality seeking to main studio may be located at the trans­ on a clear channel frequency, and that serve the same community and areas. mitter site whether or not the transmit­ the community involved, viz Hunting- The Bureau views the Huntington de­ ter site is in the place where the station ton Park, with fewer than 30,000 persons, cision as ample precedent for the addi­ is located;'and that although a studio is contiguous to Los Angeles, with a tion of the comparative' issue in the in­ location must be specified before a li­ population in excess of one and one-half stant proceeding, since in that case, as cense is issued, there is no requirement million. According to Hirschberg-Mc­ in the current matter, the applicants, that it be specified in the application for Guire, the primary issue in the Polly though ostensibly located in different a construction permit. Hirschberg-Mc­ Hughes decision was whether the loca­ communities, sought to serve a wider Guire also oppose the addition" of the tion designated' as the principal com­ area embracing both communities. requested § 3.30(b) issue on the ground munity was in fact a community. 9. It is the Commission’s view that the of untimely filing; although the petition Hirschberg-McGuire distinguish the issues in this proceeding should be en­ was filed within fifteen days of the pub­ Radio Tampa decision on the ground larged by including the standard com­ lication of the Order designating the two that it involved a Class II Channel, parative issue. The factual allegations applications for hearing in a consoli­ using 50 kw power, and that the deter­ underlying Fairview’s request for the dated proceeding, Hirschberg-McGuire mining factor in that decision was that addition of this issue, as well as those argue that under § 1.141 of the Commis­ the applicants planned to broadcast on advanced by the Bureau in support sion’s rules it should have been filed a Class II Channel, which is designed of Fairview’s request, provide ample within fifteen days after the publica­ to serve wide areas, with the consequence grounds for the inclusion of the standard tion of the earlier Order designating that the probabilities that the signifi­ comparative issue. The fact that the the Hirschberg-McGuire application for cance of rural need and the likelihood Huntington decision, on which both the hearing. that 307 (b) would be determinative were Bureau and Fairview rely as precedent 4. Section 3.30 of the Commission’sSubstantially reduced. for the addition of this issue, involved a rules requires that an applicant request­ 7. The Bureau supports Fairview’s re­ Class. II station, whereas the applicants ing a dual city identification make a quest for a standard comparative issue, in the instant proceedings are applying showing as to the matters set forth in but on different grounds. The Bureau for Class III stations, is not, as Hirsch­ that section. This showing has not notes that Cohoes, Watervliet and Rens­ berg-McGuire contend, a controlling dis­ been made by Hirschberg-McGuire, selaer are located within the Albany- tinction. Though they are applying for and hence an issue under § 3.30 will iroy Urbanized Area; that Rensselaer is Class i n stations in different communi­ be added.2 Hirschberg-McGuire’s con­ located directly across the Hudson River ties, Fairview and Hirschberg-McGuire tention that the petitioner’s request for from Albany, that Watervliet is within allegedly would, as in Huntington, serve this issue should be denied on grounds of 2 V2 miles of the northern boundary of substantially the same urbanized areas; untimely filing is without merit; not Albany, and that the southern boundary Hirschberg-McGuire do not deny that until the issuance of the Order con­ of Cohoes is within 5 y2 miles of the this would be the case. Hence, it may solidating the two applications for hear­ northern boundary of Albany; that the not be possible to make a choice between ing was Fairview a party to proceed­ city of Troy is contiguous to both Cohoes the two applications under section ings involving the Hirschberg-McGuire and Watervliet, separated only by the 307(b) of the Communications Aot, as application, and, under § 1.141 of the Hudson River; The Bureau also points amended, and a comparative considera­ Cpmmission’s rules, not until it became out that the, transmitter site? proposed tion of the two applications may be a “party” could Fairview file a petition by the applicants are approximately ten necessary. to enlarge the issues as to Hirschberg- miles apart, that the 5.0 mv/m contour Accordingly, it is ordered, This 3d day McGuire. Hence, the fifteen-day period of each applicant encompasses at least of June 1959, that the petition ~of W. specified in § 1.141 of the rules is to be 90 percent of the Albany-Troy Urbanized Frank Short and H. Clay Esbenshade, computed from the date of publication Area, and that the entire Albany-Troy d/a as Fairview Broadcasters, is granted of the Order consolidating the two appli­ Urbanized Area is within the 2.0 mv/m to the extent indicated by-the addition cations for hearing, and not from the contour proposed by each applicant; of the issues set forth below, and is in all' date of publication of the earlier Order that 85 percent of the area within the 2.0 other respects denied; and that the designating the Hirschberg-McGuire ap­ mv/m contour proposed by Hirschberg- issues in this proceeding are amended to plication for hearing. McGuire lies within Fairview’s 2.0 mv/m renumber issue 6 and issue 8 and to in­ Jj* suPPort of its request for a stand- contour. The Bureau also points out clude as issues 6 and 7 the following: acomparative issue, Fairview alleges that the 25 mv/m contour of Fairview 6. To determine whether the applica­ mat the sites proposed by the two appli- covers substantial portions of Albany, tion of Sanford L. Hirschberg and Gerald thot tf1"6 aPProximately five miles apart; but none of Troy, and that the 25 mv/m L. McGuire includes a sufficient showing fmmis less than fifteen miles contour of ^lirschberg-McGuire encom­ under the requirements of § 3.30 of the -a §; greater community, i.e., Albany and/or each of the above-named applicants to to mat e t? a Party because of i Troy„ The addition of a comparative own and operate its proposed station. ***** required by issue, the Bureau argues, would enable (2) The proposals of each of the commission’s rules. tfie Comipission to determine which of above-named applicants with respect to

i 4708 NOTICES the management and operation of the approximately 30.9 miles of delivery proposed stations. FEDERAL POWER COMMISSION lateral so as to provide city gate delivery (3) The programming service pro­ [Docket Nos. G—13246 etc.] of the gas to be distributed in the three posed in each of the above-styled appli­ communities by Natural Gas. Natural cations. MICHIGAN WISCONSIN PIPE LINE Gas estimates that the requested exten­ CO. ET AL. sion of facilities will cost Michigan Wis­ Released: June 5, 1959 consin approximately $630,120, excluding Notice of Applications, Consolidating F ederal Communications the cost of the three necessary metering Co m m issio n, Proceedings and Date of Hearing stations.' Natural Gas will construct and [ seal] M ary J ane M orris, J u ne 3,1959. operate the necessary distribution Secretary. systems in Sim Prairie, Columbus and In the matters of Michigan Wisconsin Waterloo. The estimated total cost of [F.R. Doc. 59-4809; Filed, June 9, 1959; Pipe Line Company, Docket Nos. G- the_distribution systems is $1,128,942. 8:49 a.m.] 13246, G-16998; Illinois Power Company, In Docket No. G-18304, Central Mis­ Docket No. G-18022; Natural Gas Dis­ souri seeksJthird year allocation from tributors, Inc., Dbcket No. G-18285; Cen­ Michigan Wisconsin of 4,586 Mcf on a tral Missouri Gas Company, Docket No. peak day and 679,795 Mcf annually to [Docket No. 12879; FCC 59M-712] G-18304. ' ‘ supply the requirements of residential, Take notice that (1) on March 9,1959, FREDERIC C. DOUGHTY Illinois Power Company (Illinois Power), commercial, and industrial customers in an Illinois, corporation with its principal and within the vicinity of the com- Order Scheduling Hearing „ munities of Kirksville, Greentop, Queen place of business in Decatur, Illinois; City and Lancaster, Missouri. The pro­ In the matter of Frederick C. Doughty, C2) on April 10, 1959 Natural. Gas Dis­ posed service area has - an estimated Springfield, Pennsylvania, Docket No. tributors, Inc. (Natural Gas), a Wiscon­ population of 15,229, approximately 90 12879, suspension of Amateur Radio Op­ sin corporation with its principal place of percent of. which is within the Kirksville erator License (W3PHL). business at Kaukauna, Wisconsin? and area. It is ordered, This 3d day of June 1959, (3) on April 13, 1959 Central Missouri Central Missouri states in its applica­ that Isadore A. Honig will preside at the Gas Company (Central Missouri), a Mis­ tion that Michigan Wisconsin has indi­ hearing in the above-entitled proceeding souri corporation with its principal place cated its willingness ' to construct a which is hereby scheduled to commence of business at Jefferson, Missouri, filed, lateral line from its main transmission on July 24, 1959, in Washington, D.C. pursuant to section 7(a) of the Natural pipeline to a proposed point of inter­ Gas Act,. applications Tor orders direct­ connection with Central Missouri’s pro­ Released: June 4,1959. ing Michigan Wisconsin Pipe Line Com-, posed lateral at the Iowa-Missouri F ederal Communications pany (Michigan Wisconsin), to establish border, a distance of approximately 12 Com m ission, physical connection of its facilities with- thosa which applicants propose to con­ > miles. Central Missouri proposes to con­ [seal] M ary J ane M orris, struct and operate approximately 26.5 Secretary. struct, and t6 sell and deliver to the miles of 8-inch pipeline to extend from above-named applicants volumes or nat­ the proposed interconnection with [F.R. Doc. 59-4810; Filed, June 9, 1959; ural gas for distribution and resale in 8:49 a.m.] Michigan Wisconsin’s facilities north of certain areas which presently do not Lancaster southerly through Lancaster, have natural gas service, as hereinafter Queen City and Greentop to Kirksville. • described, all as more fully represented In addition, Central Missouri will con­ in the applications which are on-file with struct and operate the necessary distri­ [Docket No. 11932; FCC 59M-719] the Commission and open forv public inspection. bution systems in the four communities. NEW'JERSEY EXCHANGES, INC. The estimated total cost of construc­ In Docket No. G-18022, Illinois Power tion of the facilities proposed by Central requests that Michigan Wisconsin estab­ Missouri is $2,129,922, including fees, in«, Order Scheduling Prehearing lish physical connection of its facilities Conference terest during construction and organiza­ with the proposed facilities of applicant tion and franchise, expenses. Of this In the matter of the application of and to sell and deliver to applicant the amount, $633,860 "represents the esti­ natural gas requirements for the Village mated cost of the transmission facilities New Jersey Exchanges, Inc. (KEC738), of Viola and environs. Illinois Power Docket No. 11932, File No. 2379-C2-F-56; seeks third year allocations of 37,800 and $1,226,623 represents the estimated for construction permit to establish a Mcf annually and 380 Mcf per day on a cost of the distribution facilities, includ­ new station for two-way communications peak day for resale and distribution in ing contingencies, in the four communi­ in the' Domestic Publie Land Mobile the Village of Viola, Illinois and its ties. - Radio Service at Ridgewood, New Jersey. environs. These related matters should be con­ A hearing conference in the above- Illinois Power is proposing to construct solidated with the proceedings in Docket entitled proceeding will be held on Fri­ "and operate a 0.4 mile transmission Nos. G-13246 and G-16998 and disposed day, June 26, 1959, beginning at 10:00 lateral from a proposed point of connec­ of as promptly as possible under the ap­ a.m. in the offices of the Commission, tion with Michigan Wisconsin’s pipeline plicable rules and regulations and to Washington, D.C., and the matters Jo to the town border of Viola. In addition,. that gnd: be considered at such conference include Illinois Power will construct and operate Take further notice that, pursuant to but are not limited (1) to the necessity or the necessary distribution system, the the authority contained in and subject, desirability of amending the above- estimated construction cost of which is to the jurisdiction conferred upon the entitled application to specify the equip­ $120,000 at the end of three years. Federal Power Commission by sections 4, ment applicant proposes to use and the 5, 7 and 15 of the Natural Gas Act, and arrangements made to obtain the same, In Docket No. G-18285, Natural Gas the Commission’s rules of practice and and (2) to -specify a date for further seeks an order directing Michigan Wis­ procedure, a hearing will be held on June evidentiary hearing. consin to extend its transportation 22, 1959, at 10:00 a.m., e.d.s.t., in a hear- It is so ordered, This the 4th day of facilities and to sell up to 6,034 Mcf per ‘ ing room of the Federal Power Commis­ June 1959. day on a* peak day and 1,172,926 Mcf sion, 441 G Street NW., Washington. annually (estimated third year require­ D.C., concerning the matters involved m Released; June 5, 1959. , ments) to Natural Gas for resale and distribution in Sun Prairie, Waterloo and and the issues presented by such appuc ■ F ederal Communications Columbus and their contiguous territory, tions. - Co m m issio n, all in Wisconsin. The estimated total Petitions to intervene in Docket in • [ seal] M ary J ane M orris, population of the three communities is G-18022; G-18285 and G-18304 may w Secretary. 9,625. filed with the Federal Power Commis­ [F.R. Doc. 59-4811; Filed, June 9, 1959; Natural Gas is requesting that Michi­ sion, Washington 25, D.C., in accorda 8J49 a.m.] gan Wisconsin be directed to construct with the rules of practice and proced Wednesday, June 10, 1959 FEDERAL REGISTER 4709 (18 CFR 1.8 or 1.10) on or before June [Docket Nos. G-18668 etc.] Docket No. G-18670; Dorchester Corpo­ 17, 1959. HUNT OIL CO. ET AL. ration, Docket NoyG-18671; P. E. Jame­ J oseph H. G utride, Secretary. son et al., Docket No. G-18672. Order For Hearings and Suspending The above-named Respondents have [F.R. Doc. 59-4780; Piled, June 9, 1959; Changes in Rates 1 8:45 a.m.] tendered for filing proposed changes in J une 4,1959. presently effective rate schedules for In the matters of Hunt Oil Company, their sales of natural gas subject to the Docket No. G-18668; Gulf Oil Corpora­ jurisdiction of the Commission. The [Docket No. 'G-16757] tion (Operator) et al., Docket No. G- proposed changes are designated as 18669 ;JEIumble Oil & Refining Company, BEL OIL CORP. ET AL. * f ollows :

Notice of Application and Date of Rate Contract Effective Date sus* Hearing Docket Respondent sched. Supp. Purchaser or notice Date d ate1 un­ pended No. No. No. of change tendered less sus­ until— dated— pended J une 4, 1959. Take notice that Bel Oil Corporation et G-18668-. Hunt Oil Co. (Hunt). 48 1 El Paso Natural Undated 5-5-59 6- 5-59 11- 5-5 al. (Applicant) an independent producer Gas Co. of natural gas, filed an application on G-18669- _ Gulf Oil Corp. (Oper- / s 161 \United Gas Pipe / 7- 9-58 5- 6-59 6- 7-59 11- 7-59 ator), et al. (Gulf). l 161 1 / Line Co. I 5- 2-59 5- 6-59 6- 7-59 11- 7-59 October 24,1958, for a certificate of pub­ G-18670. . Humble OiT & Re­ f • 154 f 5- 5-59 5- 7-59 6- 7-59 11- 7-5» fining Co. I 154 lic convenience and necessity pursuant 1 1r ---- do ______..... i 5- 5-59 5- 7-59 6- 7-59 11- 7-59 (Humble). ] ‘ 155 1 5- 5-59 5-7-59 6- 7-59 11- 7-59 to section 7 of the Natural Gas Act, au­ 1 155 1 I 5- 5-59 5- 7-59 6- 7-59 11- 7-59 thorizing the sale of natural gas in inter­ a-18671.. D orchester C orp. 1 5 Northern Natural 5- 6-59 5- 7-59 6- 7-59 11- 7-59 (Dorchester). . Gas Co. state commerce as hereinafter described, G-18672-. F. E. Jameson, et al. / ; *2 1 Transcontinental / 4- 8-59 5-11-59 6-11-59 11-11-59 subject to the jurisdiction of the Com­ (Jamesoq). l 2 1 [• Gas Pipe Line \ 5- 1-59 5-11-59 6-11-59 11-11-59 mission, all as more fully represented in J Corp. the application which is on file with the » The stated effective dates are the effective dates requested by Respondents or the first day after expiration of the Commission and open to public inspec­ required thirty days’ notice, whichever is later. tion. 3 Supersedes Gulf’s FPC Gas Rate Schedule No. 85, as amended. Applicant proposes to sell natural gas 3 Supersedes Humble’s FPC Gas Rate Schedule No. 42, as amended, . , 4 Supersedes-Humble’s FPC Gas Rate Schedule No. 43, as amended. in interstate commercé to United Gas * Supersedes Jameson's FPC Gas Rate Schedule No. 1, as amended. Pipe Line Company (United) from pro­ duction in the Pilgrim Church Field pur­ In support of its proposed favored- In support of its proposed redeter­ suant to a gas sales contract dated Au­ nation rate increase, Hunt states that its mined rate increase, Dorchester submits gust 1,1958. contract provides for the favored-nation an Arbitration Decision, setting the pro­ This matter is one that should be. dis­ increase (but Hunt cites no specific trig­ posed rate, and cites the arbitration and posed of as promptly as possible under gering rate increases paid by its pur­ redeterniination clauses in its contract. the applicable rules and regulations and chaser) . Hunt also states that the con­ In support of his proposed favored- to that end; " tract was negotiated at arm’s length, the nation rate, Jameson states that his Take further notice that, pursuant to subject sale of gas is an installment sale original contract entitled him to the the authority contained in and subject based on reasonable price adjustments, most favorable contract between his pur­ to the jurisdiction conferred upon the and the proposed rate is pari? of appli­ chaser and any producer in the area and Federal Power Commission by sections cant’s initial rate schedule.1 that his thusly-obtained new contract 7 and 15 of the Natural Gas Act, and the In support of its proposed renegotiated provides for the proposed rate. He also Commission’s rules of practice and pro­ rate increase, Gulf states that the new states that the price payable under the cedure, a hearing will be held on July 6, rate was agreed to in consideration of a new contract is in line with the going 1959, at 9:30 a.m., e.d.s.t., in a Hearing 20 year contract term with fixed periodic market, price in the area and the con­ Room of the Federal Power Commission, rate increases. Gulf also states that ex­ tract clause responsible for the rate in­ 441 G Street NW., Washington, D.C., hibits in other proceedings show the crease was a material inducement to concerning the matters involved in and following: Jameson to enter into the original long­ the issues presented by such applica­ Gulf’s total cost per Mcf of gas pro­ term contract. tion: Provided, however, That the Com­ duced in 1957 was 28.92 cents per Mcf; The Commission finds: It is necessary mission may, after a non-contested hear- Gulf’s total annual exploration expenses and proper in the public interest and to mg, dispose of the proceedings pursuant increased 82.3 percent from 1952 to 1957; aid in the enforcement of the provisions to the provisions of § 1.30(c) (1) or (2) the average annual rental per acre in­ of the Natural Gas Act that the Commis­ i the Commission’s rules of practice creased from 36 cents in 1952 to 76 cents sion enter upon hearings concerning the nd procedure. Under the procedure ip 1957; the average cost of Gulf’s un­ lawfulness of the several proposed provided for, unless otherwise ad- developed acreage inventory increased changes and that the above-designated MmfV* wil1 be unnecessary for Appli- from $4.16 in 1952 to $12.52 in 1957; and filings be suspended arid the use thereof hearing appear or be represented at the costs have been generally increasing due deferred as hereinafter ordered. to a decline in natural gas reserves, a The Commission orders; bo Petitions to intervene may •trend to deeper drilling and a trend (A) Pursuant to the authority of the sinn Federal Power Commis- toward smaller discoveries. Natural Gas Act, particularly sections 4 with ? asblU8ton 25, D.C., in accordance In support of its two proposed renego­ and 15 thereof, the Commission’s rules (ir nra r,uies °t Practice and procedure tiated rate increases, Humble states that of practice and procedure, and the regu­ 26-kkq .or 110) on or before June the rates were negotiated at arm’s length lations under the Natural Gas Act (18 at anri of any Party to appear and are in line with the going price of CFR Ch. I ) , public hearings shall be held be ennXartiCipate *.n the hearing shall gas in southern Mississippi. Humble upon dates to be fixed by notices from fence infUet*- ^ waiver of any concur- further states that since the Commission the Secretary concerning the lawfulness mediatp euussion herein o r the inter­ staff has been investigating its books, of the several proposed increased rates fere a rf?C1S!on Procedure in cases there is no need for any suspension, or and charges contained in the above- nere a request therefor is made. for more than a one-day suspension. designated filings. ' J oseph H. G utride, (B) Pending hearings and decisions Secretary. 1 This order does not provide for the con­ thereon, Supplement No. 1 to Hunt’s irR. Doc. solidation for hearing or disposition of the FPC Gas Rate Schedule No. 48 is hereby 59-4792; Piled, June 9, 1959; separately docketed matters herein, nor suspended and the use thereof deferred 8:46 a.m.] should it be so construed.' until November 5, 1959; Gulf’s FPC Gas 4710 NOTICES Rate Schedule No. 161 and Supplement HEARING: July 15, 1959, at the Utah and Pennsylvania, except points on and No." 1 thereto, Humble’s FPC Gas Rate Public Service Commission, Salt Lake west of U.S. Highway 219. Schedule No. 154^ and Supplement No. 1 City, Utah, before Joint Board No. 48, HEARING: July 14, 1959, at the Of­ thereto, Humbles FPC Gas Rate Sched­ or, if the joint board waives its right to fices of the Interstate Commerce Com­ ule No. 155 and Supplement-No. 1 thereto participate, before Examiner Reece Har­ mission, Washington, D.C., before and Supplement No. 5 to Dorchester’s rison. Examiner Robert A. Joyner. FPC Gas Rate Schedule No. 1 are hereby No. MC $831 (Sub No. 2), filed March No. MC 33898 (Sub No. 2), filed May suspended and the use thereof deferred 10, 1959. Applicant: J. BURKE SERV­ 18, 1959. Applicant: THE Z. L. TRAVIS until November 7, 1959; and Jameson’s ICE, INC., 8 East 48th Street, New York, CO., doing business as THE Z. L. TRAVIS FPC Gas Rate Schedule No. 2 and Sup­ N.Y. Authority sought to operate as a' TRANSFER AND STORAGE CO., a plement No. 1 thereto is hereby sus­ common carrier, by motor vehicle*, over Corporation, 311 North Sixth Street, pended and the use thereof deferred irregular routes, transporting: Pianos, Steubenville, Ohio. Applicant’s repre­ until November 11,1959; and all are fur­ organs, electronic pianos, speakers and sentative; Earl J. Thomas, Thomas ther suspended until such time as they amplifiers used therewith, their com­ Building, 5844-5850 North High Street, are made effective in thè manner pre­ ponent parts and benches, between New Worthington, Ohio. Authority sought scribed by the Natural Gas Act. York, N.Y., and poults in Westchester to operate as a common carrier, by motor (C) None of the rate schedules hereby and Nassau Counties, N.Y., on the one vehicle, over irregular routes, transport­ suspended, the supplements hereby sus­ hand, and, on the other, points in Con­ ing: Construction materials, machinery, pended, or the rate schedules sought to necticut, New York and New Jersey. The mine supplies, glassware, paper products be altered thereby’, shall be changed until application is accompanied by a Motion and hardware, between Chester, W. Va., the relevant proceeding has been dis­ to Dismiss on the ground^ that the com­ on the one hand, and, on the other, posed of or until the applicable period of modity “pianos” includes the commodity points in West Virginia, Ohio, and Penn­ suspension has expired, unless otherwise “organs” and their component parts, or sylvania Which are located within 125 ordered by the Commission. in* the alternative, that applicant's Cer­ miles of Wellsburg, W. Va. Applicant is (D) Interested State commissions may tificate be amended to read “pianos, or­ authorized to conduct operations in participate as provided by §§ 1.8 or 1.37 gans, their benches and component Ohio, Pennsylvania, and West Virginia. (f) of the Commission’s rules of practice parts”. Applicant is authorized to trans­ Note: Applicant states that the purpose of and procedure (18 CFR 1.8 or 1.37(f)). port pianos and piano benches in the this application is to eliminate a gateway By the Commission (Commissioner above-specified territory. point. • ->•* t Kline dissenting). HEARING: July 14,1959, at 346 Broad­ HEARING: July 15, 1959, at the New way, New York, N.Y., before Examiner Post Office Building, Columbus, Ohio, J oseph H. G utride, David Waters. Secretary. before Joint Board No. 59, or, if the Joint. No. MC 17546 (Sub No. 1), filed April Board waives its right to participate, [F.R. Doc. 59-4791; Filed; June 9, 1959; 1, 1959. Applicant i R. G. DELIVERY before Examinér Dallas B. Russell. - 8:46 a.m.] SERVICE, INC., 374 Sixth Street, Jer­ sey City, N.J. Applicant’s representa­ No. MC 42261 (Sub No. 35), filed April tive: Robert B. Pepper, 880 Bergen Ave­ 9, 1959. Applicant: LANGER TRANS­ nue, Jersey City 6, N.J. Authority PORT CORP., Route 1, Foot of Danforth INTERSTATE COMMERCE sought to operate as a contract carrier, Avenue, Jersey City, N.J. Applicant’s at­ by motor vehicle, over irregular routes, torney: S. S. Eisen, 140 Cedar Street, New transporting: Such merchandise as "is York 6, N.Y. Authority sought to oper­ COMMISSION ate as a common carrier, by motor ve­ . [Notice 272] dealt in by retail shoe stores, and equip­ ment, materials and supplies used in the hicle, over irregular routes, transport­ MOTOR CARRIER APPLICATIONS ing: Petroleum refining catalyst, dry, in conduct of such business, (1) from New bulk, in hopper trucks, from Paulsboro, J une 5, 1959. York, N.Y., to White Plains, N.Y. (via Jersey City, N.J.), and (2) from Clifton, N.J., to New York, N.Y. Applicant is au­ The following applications are gov­ N.J., to points in Nassau County, Baby­ thorized to conduct operations in New erned by the Interstate Commerce Com­ lon, Bay Shore, and Commack, N.Y., and York, New Jersey, Pennsylvania, Dela­ mission’s special rules governing notice empty containers or other such inci­ ware, Connecticut, New Hampshire, of filing of applications by motor car­ dental facilities, used in transporting the Massachusetts, Rhode Island, Ohio, riers of property or passengers or aboveedescribed commodities on return. Maryland, the District of Columbia, and brokers under sections 206,/ 209, and 211 Applicant is authorized to conduct opera­ Virginia. of the Interstate Commerce Act and. cer­ tions in. New York, New Jersey, and HEARING: July 14, 1959, at 346 tain other procedural matters with re­ Pennsylvania. Broadway, New York, N.Y., before Ex­ spect thereto. , HEARING: July 13, 1959, at 346 aminer David Waters. All hearings will be called at 9:30 Broadway, New York,,N.Y„ before Ex­ No. MC 48388 (Sub No. 40), filed May o’clock a.m., United States standard aminer David Waters. 11, 1959. Applicant: J. E. FELTIN MO­ time (or 9:30 o’clock a.m., local daylight No. MC 30844 (Sub No. 37), filed May TOR TRANSPORTATION, INC., 515 saving time), unless otherwise specified. 14, 1959. Applicant: ALLEN E. KROB- South Willow Street, Manchester, N-H- Applications Assigitod for Oral H earing LIN, doing business as KROBLIN .RE­ Applicant’s attorney: Charles F. or P re-H earing Conference - FRIGERATED XPRESS, Sumner, Iowa. 1825 Jefferson Place N.W., Washington Applicant’s attorneys: Harold G. Hernly, 6, D.C, Authority sought to operate as a motor carriers of property 1624 Eye Street NW., Washington 6, D.C. common carrier, by motor vehicle, trans­ No. MC 730 (Sub No. 141) (REPUB­ and William B. Mooney, First National porting: General commodities, excep LICATION), filed April 20, 1959, pub­ Bank Building, Waverly, Iowa. Author­ those of unusual value, Class A ana h lished issue June 3, 1959. Applicant: ity sought to operate as a common car­ explosives, household goods as denn PACIFIC INTERMOUNTAIN EXPRESS rier, by motor vehicle, over irregular by the Commission, commodities m DUix, CO., a Corporation, 1417 Clay Street, routes, transporting: Fresh meat and and- those requiring special equipme > Oakland, Califs Authority sought to packinghouse products, as defined in the (1) between Portland, Maine, and junc­ operate as a common carrier, by motor appendix to the report in Modification of tion HS. Highway 302 and New Hamp­ vehicle, over irregular routes, transport­ shire Highway 16,- from Portland Permits—Packinghouse Products, 46 U.S. Highway 302 to junction New ing: Petroleum and petroleum products, M.C.C. 23, 33, 628, between Waterloo, in bulk, ip tank vehicles, between points Hampshire HighVay 16, and return in San Juan and Kane Counties, Utah, Iowa, on the one hand, and, on the other, the same route, serving no intermediate and points in Arizona. Applicant is points in Maine, New Hampshire, Ver­ or off-route points as an alternate authorized to conduct, operations in mont, Massachusetts, Connecticut, for operating convenience only *n , Arizona, California, Colorado, Illinois, Rhode Island, New Jersey, Delaware, nection with applicant’s liQ Idaho, Kansas, Missouri, Montana, Ne­ Maryland, the District of Golumbia, New regular route operations between Be vada, Oregon, Utah, Washington, and York, except Buffalo, Niagara F&lls, and Portsmouth, N.H. (2) Between Wyoming. Rochester, Syracuse, and Utica, fr.Y., Portland, Maine, and Gorham, n / Wednesday, June 10, 1959 FEDERAL REGISTER 4711 from Portland over Maine Highways 100 No. MC 88082 (Sub No. 5), filed May ington 6, D.C. Authority sought to oper­ and 26 to Gray, Maine, thence over Maine 1, 1959. Applicants: ST. MARYS ate as a common carrier, by motor Highway 26 to Bethel, Maine, and thence TRUCKING CO., INC., P.O. Box 206, 400 vehicle, over irregular routes, transport­ over U.S. Highway 2 to Gorham, N.H., Webb Street, St. Marys, Ohio. Appli­ ing: Asphalt and asphalt products, in and return over the same route, serving cant’s representative: Earl J. Thomas, bulk, in tank vehicles, from Baltimore, no intermediate or off-route points, as 5844-5850 North High Street, Worthing­ Md., to points in West Virginia south of an alternate route for operating con­ ton, Ohio. Authority sought to operate a line beginning at the Virginia-West venience only, in connection with appli­ as a common carrier, by motor vehicle, Virginia State line at U.S. Highway 250 cant’s authorized regular route oper­ over irregular routes, transporting: and extending along U.S. Highway 250 ations between Boston, Mass., and Ban­ Paper or liner board, from St. Marys, to Elkins, W. Va., thence along U.S. gor, Maine. Applicant is authorized to Ohio to points in Michigan. Applicant Highway 33 to junction with U.S. conduct regular route operations in is authorized to conduct operations in Highway 119, and thence on and east of Maine, Massachusetts, and New Hamp­ Illinois, Indiana, Ohio, and West U.S. Highway 110 to the Kentucky-West shire, and irregular route operations in Virginia. Virginia State line. Applicant is author­ Connecticut, Massachusetts, New Hamp- HEARING: July 15, 1959, at the New ized to conduct operations in Connecti­ shier, New Jersey, New York, Rhode Post Office Building; Columbus, Ohio, cut, Indiana, Massachusetts, New York, Island, and Vermont. before Joint Board No. 57, or, if the Joint Pennsylvania, Tennessee, Wisconsin, HEARING: July 20, 1959, at the New Board waives its right to participate, Delaware, Kentucky, Michigan, North Hampshire Public Service Commission, before Examiner Dallas B. Russell. Carolina, Rhode Island, Virginia, the Concord, N.H., before Joint Board No. No. MC 100031 (Sub No. 2), filed April District of Columbia, Illinois, Maryland, 114. 15, 1959. Applicant: SEABOARD MILL New Jersey, Ohio, South Carolina, and No. MC 52704 (Sub No. 37), filed May SUPPLY, INC., 120 Wall Street, New West Virginia. • 28, 1959. Applicant: GLENN McCLEN- York 5, N.Y, Applicant’s representa­ HEARING: July 16, 1959, at the Of­ DON TRUCKING COMPANY, INC., La- tive: William D. Traub, 10 East 40th fices of the Interstate Commerce Com­ Fay ette, Ala. Applicant’s attorney: D. Street, New York 16, N.Y. Authority mission, Washington, D.C., before Joint H Markstein, Jr., 818-821 Massey sought to operate as a common carrier, Board No. 63. Building, Birmingham 3, Ala. Author­ by motor vehicle, over irregular routes, No. MC 105461 (Sub No. 15), filed June ity sought to operate as a common car­ transporting: Waste paper, from points 1, 1959. Applicant: Benjamin H. Herr, rier, by motor vehicle, over irregular in Nassau County, N.Y., and New York, doing business as HERR’S MOTOR EX­ routes, transporting: Glass bottles and N.Y., to points in Bergen, Essex, Hudson, PRESS, Quarryville, Pa. Applicant’s glass food containers, from Laurens, Union, Passaic, Middlesex, Morris, and representative: Bernard N. Gingerich, S.C., to points in Arkansas, Kentucky, Somerset Counties, N.J., and empty con­ Quarryville, Pa. Authority sought to Louisiana, and Texas, and cullet (broken tainers or other such incidental facilities operate as a common carrier, by motor glass) on return. Applicant is author­ used in transporting waste paper, on vehicle, over irregular routes,transport­ ized to conduct operations in Alabama, return. Applicant is authorized to con­ ing: Lumber, from points in Maine, New Florida, Georgia, Mississippi, North duct operations between New York, N.Y., Hampshire, Vermont, and those in Dela­ Carolina, South Carolina, and Ten­ and points in Essex and Union Counties, ware, Essex, Franklin, Fulton, Herkimer, nessee. N.J., and those in that part of Bergen Montgomery, Chenango, St. Lawrence, HEARING: July 15>1959, at the Offices and Hudson Counties, N.J., not including Sullivan, Warren, and Washington of the Interstate Commerce Commission, the New York Commercial Zone. Counties, N.Y., to points in New Jersey, Washington, D.C., before Examiner Ger­ HEARING: July 16, 1959, at 346 Pennsylvania, Delaware, and Maryland. ald F. Coif er. Broadway, New York, N.Y., before Applicant is authorized to conduct com­ No. MC 59570 (Sub No. 9), filed April Examiner David Waters. mon and contract operations in Con­ 8, 1959. Applicant: HECHT BROTH­ No. MC 101093 (Sub No. 13), filed May necticut, Delaware, the District of ERS, INC., Lakewood Road, Toms River, 8, 1959. Applicant:- HAROLD BAKER, Columbia, Maine, Maryland, Massachu­ N.J. Applicant’s attorney: Isadore H. Stone Creek, Ohio. Applicant’s attor­ setts, New Hampshire, New Jersey, New Schwartz, Suite 200, Penn Square Build­ neys: Sanborn, Teichmoeller and Brand- York, Ohio, Pennsylvania, Rhode Island, ing, Juniper and Filbert Streets, Phila­ don, Hartman Building, Columbus 15, Vermont, Virginia, and West Virginia. delphia 7, Pa. Authority sought to oper­ Ohio. Authority sought to operate as a ate as a common carrier, by motor ve­ common or contract carrier, by motor N ote: Dual operations may be involved. hicle, over regular routes, transporting: vehicle, over irregular routes, transport­ Duplication should be eliminated. General commodities, except those of un­ ing: Rough lumber (air dried and kiln HEARING: July 15,1959, at the Offices usual value, Class A and B explosives, dried), hardwood flooring, and trim, of the Interstate Commerce Commission, household goods as defined by the Com­ from Dover, Ohio, to points in Michigan, Washington, D.C., before Examiner Leo mission, and commodities requiring spe- Indiana, Illinois, Wisconsin, N^w York, A. Riegel. iai equipment, between junction New Pennsylvania, West Virginia, Kentucky, No. MC 106223 (Sub No. 50), filed rsey Highway S28 (also designated New New Jersey, Connecticut, Massachusetts, May 18, 1959. Applicant: BRUCE F. i olCJ« ighway 18) and U.S. Highway Rhode Island, New-Hampshire, Maine, JARVIS, LONA B. JARVIS, EXECU­ „,. *7 New York, N.Y., over U.S. High- and Vermont, and refused, returned, and TRIX, doing business as GREENLEAF mint restxricted to service to and from rejected shipments of the above-speci­ MOTOR EXPRESS, 4606 State Avenue, ininni011 the af°resaid route for tack- fied commodities on return. Applicant Ashtabula, Ohio. Applicant’s attorney: lar applicant’s existing regu- is authorized to conduct operations in Edwin C. Reminger, 75 Public Square, N t oUle .authority between Pinewald, Illinois, Indiana, Kentucky, Maryland, Suite 1316, Cleveland 13, Ohio. Author­ S28anddTTqnS -°i New Jersey Highway Michigan, New York, Ohio, Pennsyl­ ity sought to operate, as a common car­ cant-c ? U'S' Highway 1; it being appli- vania, West Virginia, and the District rier, by motor vehicle, over irregular clnrio Xpress iotent to except and ex- of Columbia^ routes, transporting: (1) Latex, liquid, Doint N.Y., and thereunder.- A proceeding has been insti­ (2) Plasticizer, in bulk, in tank vehicles, Hlghway 1 With New Jer- tuted under section 212(c) in No. MC 101093 (Sub No. 9) to determine whether applicant’s from Avon Lake, Ohio, to points in Min­ Jersev m t y (also designated New status is that of a common or contract carrier. nesota. Applicant is authorized to con­ thorL f hWay 18)-’ Applicant is au- duct operations in Alabama, Connecticut, Jersev p*° conduct operations in New HEARING: July 14, 1959, at the New Post Office Building, Columbus, Ohio, be­ Delaware, the District of Columbia, Illi­ land tS ylvania’ New York, Mary- fore Examiner Dallas B. Russell. nois, Indiana, Iowa, Kentucky, Maine, Colu^ibS WarC> and the District of No. MC 102616 (Sub No. 676), filed Maryland, Massachusetts, Michigan, May 26, 1959. Applicant: COASTAL Minnesota, Missouri, New Hampshire, ^N ew v'* i Uly 15,1959> at 346 Uroad- TANK LINES, INC., 501 Grantley Road, New Jersey, New York, Ohio, Pennsyl­ GavidWaters ^ N'Y'’ before Examiner York, Pa. Applicant’s attorney: Harold vania, Rhode Island, Tennessee, Ver­ * No. H3---- 5 G. Hemly, 1624 Eye Street NW„ Wash­ mont, West Virginia, and Wisconsin. 4712 NOTICES HEARING: July 14, 1959, at the New setts, New Hampshire, Rhode Island, and N ote: Applicant has contract carrier ap­ Vermont; (2) Dredging pipe, shore pipe, plications pending under MC 117507 and subs Post Office Building, Columbus, Ohio, thereunder. Dual authority under section before Examiner Dallas B. Russell. pontoons, and other related dredging 210 may be involved. No. MC 107475 (Sub No. 38), filed May equipment and supplies, from Norfolk, 28, 1959. Applicant: DANCE FREIGHT Va., and points within twenty-five (25) HEARING: July 1,1959, at the Offices LINES, INC., 286 New Circle Road, Lex­ miles thereof, to points in Delaware, of the Interstate Commerce Commission, ington, Ky. Applicant’s attorney: Allen Florida, Georgia, Maryland, New Jersey, Washington, D.C., before Examiner Watkins, 214-216 Grant Building, At­ North Carolina, Pennsylvania, and South David Waters. lanta 3, Ga. Authority sought to operate Carolina; and (3) Empty containers or No. MC 111159 (Sub No: 86), filed June as a common carrier, by motor vehicle, other such incidental facilities (not spec­ 3, 1959. Applicant: MILLER TRANS­ over regular routes, transporting: Gen­ ified) used in transporting the above- PORTERS, LTD., P.O. Box 1123, High­ eral commodities, except those of un­ specified commodities, on return. Appli­ way 80 West, Jackson, Miss. Applicant’s usual value, Class A and B explosives, cant is authorized to conduct operations attorney: Phineas Stevens, Suite 700 household goods as defined by the Com­ in Alabama, Connecticut, Delaware, Petroleum Building, P.O. Box 141, Jack- mission, commodities in bulk, and those Florida, Georgia, Kentucky, Maine, son, Miss. Authority sought to operate requiring special equipment, between Maryland, -Massachusetts, New Hamp­ as a common carrier, by motor vehicle, Athens, Ga., and Calhoun, Ga., from shire, New Jersey, New York, North Car­ over irregular routes, transporting: Athens, over U.S. Highway 129 to Gaines­ olina, Ohio, Pennsylvania, Rhode Island, Petroleum and petroleum products, from ville, Ga., thence over U.S. Highway 53 to South Carolina, Tennessee, Vermont, points in Pike County, Miss., to points in Calhoun, and return over the same route Virginia, West Virginia, and the District Alabama, Arkansas, Florida, Georgia, serving no intermediate points, as an of Columbia. Louisiana, and Tennessee. Applicant is alternate route for operating convenience Note: Duplication with present authority authorized to conduct operations in Ala­ only in connection with applicant’s regu­ to be eliminated. bama, Arkansas, Illinois, Kentucky, lar route operations. Applicant is au­ Louisiana, Mississippi, Missouri, Ohio, thorized to conduct operations in Geor­ HEARING: July 14, 1959, at the Of­ Oklahoma, and Tennessee. gia, Illinois, Indiana, Kentucky, North fices of the Interstate Commerce Com­ HEARING: July 9,1959, at the Federal mission, Washington, D.C., before Exam­ Office Building, 600 South Street, New Carolina, Ohio, South Carolina, and iner Richard H. Roberts. T6IU16SS66. Orleans, La., before Examiner Leo W. HEARING: June 25, 1959, at 680 West No. MC 109443 (Sub No. 13), filed April Cunningham. 21,1959. Applicant: SEABOARD TANK No. MC 111281 (Sub No. 11), filed June Peachtree Street NW., Atlanta, Ga., be­ LINES, INC., 2202 Riverside Drive, fore Joint Board No. 101. 2, 1959. Applicant: THE DENVER Scranton, Pa. Applicant’s attorney: CHICAGO TRUCKING COMPANY, No. MC 107475 (Sub No. 39), filed May Harry H. Frank, Commerce Building, 28, 1959. Applicant: DANCE FREIGHT INC., OF KENTUCKY, 421 East Second LINES, INC., 286 New Circle Road, Lex­ P.O. Box 432, Harrisburg, Pa. Authority Street, Owensboro, Ky. Applicant’s ington, Ky. Applicant’s attorney: Allen sought to operate as a common carrier, attorney: David Axelrod, 39 South Watkins, 214-216 Grant Building, At­ by motor vehicle, over irregular routes, La Salle Street, Chicago 3, HL Author­ lanta 3, Ga. Authority sought to op­ transporting: Petroleum products, in ity sought to operate as a common erate as a common carrier, by motor ve­ bulk, in tank vehicles, from FLeming- carrier, by motor vehicle, over irregular hicle, over regular routes, transporting: ton, Hunterdon County, N.J., to points in routes, transporting: General commodi­ General commodities, except those of Bucks, Monroe, Northampton, Pike, and ties, except those of unusual value, Class unusual value, Class A and B explosives, Wayne Counties, Pa., and empty con­ A and B explosives, household goods as household goods as defined by the Com­ tainers or other such incidental facilities defined by the Commission, commodities mission, commodities in bulk, and those (not specified) used in transporting the in bulk and those requiring special equip­ requiring special equipment, between above-specified commodities on return. ment, serving the Gates Rubber Com­ Spartanburg, S.C., and Greenville, S.C., Applicant is authorized to conduct op­ pany plant near the intersection of Two and the junction of U.S. Highway 41 and erations in New Jersey New York, and Mile Pike and Gallatin Pike (U.S. High­ Georgia Highway 53 near Calhoun, Ga., Pennsylvania. way 31E), approximately seven (7) from Spartanburg, over U.S. Highway HEARING: July IT, 1959, at 346 miles north of the Nashville, Tenn. City 29 alternate to Greenville, thence over Broadway, New York, N.Y., before limits, as an off-route point in connec­ U.S. Highway 123 to Cornelia, Ga., Examiner David Waters. tion with applicant’s authorized regular thence over U.S. Highway 23 to Gaines­ No. MC 110525 (Sub No. 391), filed route operations to and from Nashville, ville, Ga., thence over Georgia Highway May 28, 1959. Applicant: CHEMICAL Tenn. Applicant is authorized to con­ 53 to the junctiop. of Georgia Highway TANK LINES, INC., 520 East Lancaster duct operations in Indiana, Kentucky, 53 and U.S. Highway 41 near and south Avenue, Downingtown, Pa. Applicant's Missouri, Illinois, Tennessee, Ohio, Vir­ of Calhoun, and return over the same attorney: Leonard A. Jaskiewicz, Mun- ginia, West Virginia, Michigan, Missis­ route, serving no intermediate points sey Building, Washington 4, D. C. Au­ sippi, and Georgia. as an alternate route for operating thority sought to operate as a common HEARING: June 30, 1959, at the convenience only, in connection with carrier, by motor vehicle, over irregular Dinkier-Andrew Jackson Hotel, Nash­ applicant’s regular route operations. routes, transporting: Salt, from Living­ ville, Tenn., before Joint Board No. w*. Applicant is authorized to conduct op­ ston, Schuyler, Tompkins, and Wyoming or, if the Joint Board waives its ra® erations in Georgia, Illinois, Indiana* Counties, N.Y., to points in Delaware, to participate, before Examiner Isaacs Kentucky, North Carolina, Ohio, South Maryland, New Jersey, Ohio, Pennsyl­ Carolina, and Tennessee. vania, Virginia, West Virginia, and the F Nod.Mn6 112561 (Sub No. HEARING: June 25, 1959, at 680 West District of Columbia, and empty con­ 7, 1959. Applicant: B & C Peachtree Street NW., Atlanta, Ga., be­ tainers, empty pallets, or other such inci­ TATION, INC., 1214 Linwood Aven fore Joint Board No. 131. dental facilities, used in transporting the S.W., Canton, Ohio. Applicant s repre No. MC 109060 (Sub No. 58), filed May above-described commodities, on return. sentative: Earl J. Thomas, T 15, 1959. Applicant: JULIA L. HAGAN, Applicant is authorized to conduct op­ Buildings, 5844-5850 North High Stree, doing business as HAGAN TRUCK LINE, erations in Alabama, Arkansas, Cali­ Worthington, Ohio. Authority soug 3405 Bainbridge Boulevard, South Nor­ fornia, Connecticut, Delaware, the Dis­ operate as a common carrier, hy , folk, Va. Applicant’s attorney: Chester trict of Columbia, Georgia, Illinois, vehicle, over irregular routes, tr^ sP E. King, 1507 M Street NW., Washington Indiana, Iowa, Kansas, Kentucky, Mary­ ing: Heavy machinery and f uP™een 5, D.C. Authority sought to operate as land, Massachusetts, Michigan, Minne­ and tanks and parts thereof, a common carrier, by motor vehicle, over sota, Missouri, Nebraska, New Jersey, Massillon, Ohio, on the one hand,a^- irregular routes, transporting: (1) Cre- New/York, North Carolina, Ohio, Okla­ on the other, points in Illinois, t osoted or otherwise chemically preserved New York, and Pennsylvania. A P P ^ poles, piling, lumber, and cross and homa, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Ver­ is authorized to conduct op chigan, , switch ties', from Norfolk, Va., and Illinois, Indiana, Kentucky, j points within twenty-five (25) miles mont, Virginia, West Virginia, and N e w Y o r k , Ohio, Pennsylvania, and thereof, to points in Maine, Massachu­ Wisconsin, Wednesday, June 10, 1959 FEDERAL REGISTER 4713 Virginia. Duplication with present au­ equipped with mechanical refrigeration, PRESS, LTD., 499 Main Street, Farn- thority should be eliminated. , from Goldsboro, Md., to points in Ala­ ham, Quebec, Canada. Applicant’s a t­ HEARING: July 13, 1959, at the New bama, Arkansas, Arizona, California, torney: John J. Wackerman, 73 Main Post Office Building, Columbus, Ohio, be­ Colorado, Connecticut, the District of Street, Montpelier, Vt. Authority sought fore Examiner Dallas B. Russell. Columbia, Florida, Georgia, Idaho, Illi­ to operate as a contract carrier,by motor No. MC 112617 (Sub No. 54), filed May nois, Indiana, Iowa, Kansas, Kentucky, vehicle, over irregular routes, transport­ 4, 1959. Applicant: LIQUID TRANS­ Louisiana, Massachusetts, Maine, Michi­ ing : Ground. limestone, from West Rut­ PORTERS, INC., P.O. Box 5135, Chero­ gan, Minnesota, Mississippi, Missouri, land and Florence, Vt., to the port of. kee Station, Louisville 5, Ky. Appli­ Montana, New Hampshire, New Jersey, entry on the International Boundary line cant’s attorney: Leonard A. Jaskiewicz, New Mexico, New York, Nebraska, between the United States and Canada Munsey Building, Washington 4, D.C. Nevada, North Carolina, North Dakota, at or near Highgate Springs, Vt., des­ Authority sought to operate as a common Ohio, Oklahoma, Oregon/ Pennsylvania, tined to points in Canada. Applicant is carrier, by motor vehicle, over irregular Rhode Island, South Carolina, South authorized to conduct operations in New routes, transporting: (1) Coal tar and Dakota, Tennessee, Texas, Utah, Ver­ .York. coal tar products, in bulk, in tank ve­ mont, Virginia, Washington, West Vir­ HEARING: July 16,1959, at the Wash­ hicles, from Ironton, Ohio, to points in ginia, Wisconsin, and Wyoming. Appli­ ington County Court House, Montpelier, Kentucky; and (2) Coal tar, in bulk, in cant is authorized to conduct operations Vt., before Joint Board No. 188. tank vehicles, from Ironton, Ohio, to in all States in the United States except No. MC 117183 (Sub No. 2), filed points in Tennessee; and rejected ship­ points in Idaho, Montana, Nevada, North March 25, 1959. Applicant: WEST- ments of the above-specified commodi­ Dakota, Oregon, South Dakota, Utah, BORO FORWARDING CORP., a New ties and empty containers or other such and Wyoming. York Corporation, 692 Melrose Avenue, incidental facilities (not specified) used HEARING: July 10,1959, at the Offices Bronx, N.Y. Applicant’s attorney: Mor­ in transporting the commodities specified of the Interstate Commerce Commission, ris Honig, 150 Broadway, New York 38, in this application on return. Applicant Washington, D.C., before Examiner N.Y. Authority sought to operate as a is authorized to conduct operations in Isadore Freidson. contract carrier, by motor vehicle, over Alabama, Arkansas, Florida, Georgia, No. MC 116132 (Sub No. 2), filed May irregular routes, transporting: Non­ pinois, Indiana, Iowa, Kansas, Ken­ 1, 1959. Applicant: NATIONAL TANK alcoholic beverages, in bottles, in half tucky, Louisiana, Maryland, Michigan, TRUCK DELIVERY, INC., 86 East Gay cases, and in cans in cartons, from Lodi, Minnesota, Mississippi, Missouri, Ne­ Street, Columbus 15, Ohio. Applicant’s N.J., to New York and Yonkers, N.Y., braska, North Carolina, New York, Ohio, attorney: Herbert Baker, 50 West Broad and points in Nassau and Suffolk Coun­ Oklahoma, Pennsylvania, South Caro­ Street, Columbus 15, Ohio. Authority ties, N.Y., and empty containers or other lina, Tennessee, Texas, Virginia, West sought to operate as a contract carrier, such incidental facilities (not specified) Virginia, and Wisconsin. by motor vehicle, over irregular routes, used in transporting non-alcoholic bev­ HEARING: July 10,1959, at the Offices transporting: Finished or unfinished erages on return. Applicant is author­ of the Interstate Commerce Commis­ blanks, stampings and shapes (made of ized to conduct operations in New Jersey sion, Washington, D.C., before Examiner metal or metal combined with other ma­ and New York. Thomas F. Kilroy. terial) , used in the manufacture and HEARING: July 10, 1959, at 346 No. MC 114021 (Sub No. 6), filed assembly of motor vehicle; moving only Broadway, New York, N.Y., before Ex­ May 25, 1959. Applicant: MIDWEST in applicant’s trailers meeting special aminer David Waters. TRANSFER COMPANY OF ILLINOIS, design and equipment specification of No. MC 117344 (Sub No. 20), filed May a Corporation, 7000 South Pulaski Road, shipper for the movement; from Shady- 1, 1959. Applicant: THE MAXWELL Chicago 29, 111. Applicant’s attorney: side, Ohio, to Fort Wayne, Ind.,' and re­ CO., a Corporation, 2200 Glendale- Clarence D. Todd, 1925 Jefferson Place jected shipments of the above-specified Milford Road, P.O. Box 37, Cincinnati 15, NW., Washington 6, D.C. Authority commodities, empty racks, pallets and Ohio. Applicant’s attorney: Herbert sought to operate as a common carrier, skids or such other incidental facilities Baker, 50 West Broad Street, Columbus by motor vehicle, over irregular routes, used in transporting the commodities 15, Ohio. Authority sought to operate transporting: Pipe and conduit, fibre, specified in this application on return. as a common carrier, by motor vehicle, bituminized and indurated, in non-re­ Applicant is authorized to conduct op­ over irregular routes, transporting: turnable shipping containers, and racks, erations in Indiana, Kentucky, and Ohio, Paints, resins, varnishes, surface coating fittings and connections thereof, from Note: Common control may be involved. compounds, and thinning and reducing Orangeburg, N.Y., to points in Colorado, HEARING: July 15, 1959, at the New compounds, in bulk, in tank vehicles, Connecticut, Delaware, Illinois, Indiana, from Cincinnati1, Ohio, to points in Hills­ Iowa, Kansas, Kentucky, Maine, Mary­ Post Office Building, Columbus, Ohio, before Joint Board No. 60, or, if the Joint borough County, Fla., and empty con- land, Massachusetts, Michigan, Minne­ tainers or other such incidental facilities sota, Missouri, Nebraska, New Hamp- Board waives its right to participate, before Examiner Dallas B. Russell. (not specified) used in transporting the New Jersey, North Dakota, Ohio, above-specified commodities, on return. UKiahoma, Pennsylvania, Rhode Island, No. MC 116473 (Sub No. 2), filed south Dakota, Tennessee, Texas, Ver­ March 20, 1959. Applicant: EDWARD N ote: Applicant also has contract carrier mont, West Virginia, and Wisconsin. HANLEY, doing business as HANLEY authority under MG 50404 and Subs there­ TRUpKING, 266 Magnolia Avenue, under. Dual authority under Section 210 Is authorized to conduct Hillsdale, N.J. Applicant’s representa­ may be involved. No s a contract carrier in Permit tive: Bert Collins, 140 Cedar Street, New in I«*»* * and suh numbers thereunder, HEARING: July 13, 1959, at the New cation * the territory sought by this appli- York 6, N.Y. Authority sought to oper­ Post* Office Building, Columbus, Ohio, A Wii:h no duplication of authority, ate as a contract carrier, by motor ve­ before Examiner Dallas B. Russell. tion 91o,d\n? kas keen instituted under sec- hicle, over irregular routes, transporting: No. MC 118796, filed March 18, 1959. determinf MC 107640 Sub No. 36, to Air filter material, in partially wrapped Applicant: A. LAGUE, doing business as of a contra'**16*'*161' applicant’s status is that rolls, not exceeding 1,000 pounds per a contract or common carrier. A. LAGUE EXPRESS, ENRG., 214 Prin- truckload, from the plant of the Carlee cipale Street, Farnham, Quebec, Canada. Of*“ ; *uly 10> 1959’ at the Offices Corporation at Rockleigh, N.J., to Authority sought to operate as a com­ WashiJ6^ Commerce Commission, Bethesda, Md., and returned shipments mon carrier, by motor vehicle, over ir­ bef<*e Examiner of the above-described commodity, on return. Applicant is authorized to regular routes, transporting: Ground transport cotton and synthetic wadding stone, in bags, from Rutland and Flor­ (Sub No- 59)- filed ence, Vt., to ports of entry on the inter­ W i y p T ^ PbliCant: COLONIAL in rolls from Rockleigh, N.J., to New INC TRANSPORTATION, York, N.Y., and points in Nassau County, national boilhdary line between the Po Bo*oi£ar* head Highway West, N.Y. United States and Canada at or near thoritysouvh?’.Biriningham> Ala. Au- HEARING: July 13, 1959, at 346 Derby Line and Swanton (located ap­ t^rier hv ™ *^° opera^e as a common Broadway, New York, N.Y., before Ex­ proximately 9 miles north thereof), Vt., routes,' OVer irregtdar aminer David Waters. and empty containers or other such inci­ t. v anSPOrtinsr:mg: ll&RS&rtDessert tn'nni'nntopping ana bakery No. MC 116893 (Sub No. 3), filed April dental facilities (not specified), used in goods topping, in vehicles 29, 1959. Applicant: MARTEL EX­ transporting ground stone on return.

\ 4714 NOTICES HEARING: July 16, 1959, at the 140 Cedar Street, New York 6, N.Y. Au­ COORDINATED TRANSPORT, a New Washington County Court House, Mont­ thority sought to operate as a contract Jersey Corporation, 180 Boyden Ave­ pelier, Vt., before Joint Board No. 188. carrier, by motor vehicle, over irregular nue, Maplewood, N.J. Applicant’s at­ No. MC 118808 (Sub No. 1>, filed May routes, transporting: Contaminated ra­ torney: Richard Fryling (same address 12, 1959. Applicant: A B C EXPRESS dioactive waste, from points in Alabama, as applicant). Authority sought to op­ COMPANY, a Pennsylvania Corporation, Arkansas, Connecticut, Delaware, the erate as a common carrier, by motor ve­ Fifth and Columbia Avenue, Philadel­ District of Columbia, Florida, Georgia, hicle, over regular routes, transporting: phia, Pa. Applicant’s attorney: Fran­ Illinois, Indiana, Iowa, Kansas, Ken­ Passengers and their baggage, and ex­ cis P. Yannessa, 803 Market Street, tucky, Louisiana, Maine, Maryland, Mas­ press and newspapers in the same vehicle National Bank Building, Juniper and sachusetts, Michigan, Minnesota, Missis­ with passengers, (1) from junction Market Streets, Philadelphia 7, Pa. Au­ sippi, Missouri, Nebraska, New Hamp­ Springfield Avenue and Eastern Park­ thority sought to operate as a contract shire, New Jersey, New York, North way, Irvington, N.J., over Eastern Park­ carrier, by motor vehicle, over irregular Carolina, Ohio, Oklahoma, Pennsylvania, way to access road (Interchange No. routes, transporting: Such commodities Rhode Island, South Carolina, Tennes­ 143A) thence to Garden State Park­ as are dealt in by department stores, see, Texas, Vermont, Virginia, West Vir­ way, thence over Garden State Parkway between Philadelphia, Pa., Atlantic City ginia, and Wisconsin to Kearny, N. J., and to Interchange No. 153A to New Jersey and Delaware Township, N.J., and Wil­ empty containers and shipper’s trailers Highway 3, and return from junction mington, Del. used in transporting the above com­ New Jersey Highway 3 and access road modities on return. to Garden State Parkway (Interchange N ote: Applicant indicates that the above transportation will be performed between Note: Applicant states that the above No. 153) thence over Garden State the stores and warehouses of Snellenburgs, transportation will be conducted under a Parkway to Interchange No. 143A thence Wanamakers and Strawbridge & Clothiers contract with Nuclear Engineering Com­ over access roads and Washington Ave­ department stores. pany, Inc. nue to junction Springfield Avenue, Irv­ ington, N.J.; (2) from junction Spring- HEARING: July 10, 1959, at the Penn HEARING: July 16, 1959, at 346 field Avenue and Eastern Parkway, Irv­ Sherwood Hotel, 3900 Chestnut Street, Broadway, New York, N.Y., before ington, N.J., thence via Eastern Parkway, Philadelphia, Pa., before Examiner Wil­ Examiner David Waters, Speedway Avenue, South Orange Ave­ liam E. Messer. MOTOR CARRIERS OF PASSENGERS nue, Maybaum Avenue, Newark; Bridge No. MC 118831, filed March 30, 1959. over Garden State Parkway, Birchwood Applicant: CENTRAL TRANSPORT, No. MC 668 (Sub No. 66), filed June Avenue, South Oraton Parkway and Gar­ INCORPORATED, East College Drive, 2, 1959. Applicant: INTER-CITY den State Parkway Interchange No. High Point, N.C. Applicant’s attorneys: TRANSPORT ATipN CO., INC., 730 145A, East Orange, and return from Gar­ Robert M. Martin, 3Q7 Security Bank Madison Avenue, Paterson, N.J. Appli­ den State Parkway via Garden State Building, High Point, N.C., and James E. cant’s representative: Edward F. Bowes, Parkway Interchange No. 145A, South Wilson, 1111 E Street NW., Washington, 1060 Broad Street, Newark 2, N.J. Oraton Parkway, Whittlesey Avenue, D.C. Authority sought to operate as a Authority sought to operate as a common East Orange; Maybaum Avenue, Oraton common carrier, by motor vehicle, over carrier, by motor vehicle, over regular Parkway, Newark; Oraton Parkway, irregular routes, transporting: Liquid routes, transporting: Passengers and Western Parkway, and Washington Ave­ commodities, except milk, gasoline and their baggage, and express and news­ nue to Springfield Avenue, Irvington, fuel oils, in bulk, in trailer vehicles, and papers in the same vehicle with passen­ N.J., serving all intermediate points on dry commodities, in bulk, between points gers, between Ridgewood, N.J., and New the above specified routes. Applicant is in North Carolina and South Carolina, York, N.Y., from junction North Maple authorized to conduct operations in New on the one hand, and, on the other, Avenue and East Ridgewood Avenue in York, New Jersey, Pennsylvania, Vir­ points in Pennsylvania, West Virginia, Ridgewood, over East Ridgewood Avenue ginia, and the District of Columbia. Virginia, Maryland, the District of to junction Paramus Road in Paramus, Columbia, Tennessee, North Carolina, thence over Paramus Road to junction Note: Applicant states that in Docket No. MC 3647 Sub No. 201 it is authorized to South Carolina, Georgia, and Alabama. Passaic Street in Rochelle Park, thence use the Garden State Parkway between Irv­ HEARING: July 13, 1959, at the U.S. over Passaic Street to junction of the ington and Clifton, but is restricted from Court Rooms, Greensboro, N.C., before Esplanade at .the Maywood-Hacken- serving the Parkway. The purpose of this Examiner Herbert L. Hanback. sack, N.J., line, thence over the Esplan­ application is to serve all intermediate points No. MC 118843, filed April 2,1959. Ap­ ade to junction of Central Avenue at the on the. Parkway. plicant: RICHARD E. VITTONE, 691 Maywood-Hackensack, N.J., line, thence HEARING: December 3, 1959, at the Crane Avenue, Pittsfield, Mass. Appli­ over Central Avenue to junction Summit STew Jersey Board of Public Utility Com- cant’s representative: Bert Collins, 140 Avenue in Hackensack, thence over nissioners, State Office Building, Ray- Cedar Street, New York 6, N.Y. Author­ Summit Avenue to junction New Jersey nond, Boulevard, Newark, N.J.,'before ity sought to operate as a contract car­ Highway 17 in Hackensack, thence over Foint Board No. 119. rier, by motor vehicle, over irregular New Jersey Highway 17 to junction No. MC 3647- (Sub No. 261), filed Apru routes, transporting: Lime and limestone Paterson Plank Road in East Rutherford, r, 1959. Applicant: PUBLIC SERVICE products, from Farnams (Berkshire thence over Paterson Plank Road to the COORDINATED TRANSPORT, a■ Cor- County), Mass., to points in Cheshire, junction of New Jersey Highway 20 at Hillsboro, Merrimack, Rockingham, and ooration, 180 Boyden Avenue, Maple­ the boundary of Carlstadt and East wood, N.J. Applicant’s attorney: Rich- Sullivan Counties, N.H., Albany, Co­ Rutherford, thence oyer New Jersey lumbia, Rensselaer, Saratoga, Schenec­ Highway 20 to New Jersey Highway 3, ird Fryling, General Counsel, tady and Washington Counties, N.Y., Department, Public Service Coordinate thence over New Jersey Highway 3 rransport (same address as aPpl1^ ' and Addison, Bennington, Chittenden, through the Lincoln Tunnel to New Authority sought to operate as a co , Rutland, Windsor, and Windham Coun­ York, N.Y., and return over the same carrier, by motor vehicle, over a reg ties, Vt., and empty pallets, and damaged route, serving the intermediate points of route, transporting: Passengers _ and returned shipments of the above- Ridgewood and Paramus, N.J. Applicant specified commodities on return. Ap­ \heir baggage, and express and newv is authorized to conduct operations in p ers in the same vehicle with Pass^nL ’ plicant states the authority applied for New Jersey and New York. within Teaneck, N.J., from Junction lea is to be limited to a transportation serv­ Note : Applicant states that no passengers neck Road and Cedar Lane, TeanecK, ice to be performed under a continuing who begin or end their journey in Paterson, sr.J., over Teaneck Road to ^ ctJhe contract or contracts with United States N.J., shall be transported over the above- Gypsum Company, Chicago, 111. Fort Lee Road, and return described route. same route, serving no ^ 5 ? . con- HEARING: July 10, f959, at 346 points. Applicant is authorized toe Broadway, New York, N.Y., before HEARING: July 6, 1959, at the Examiner David Waters. Municipal Building, Route 202, Ramopo duct operations in C°nuecticu, Road, Oakland, N.J., before Joint Board ware, Maine, Maryland, M^ p i ^ f ork, No. MC 118867, filed April 10, 1959. New Hampshire, New Jersey, Ne^' Applicant: MATTHEW TOTICH, J r., No. 3. 95 Stewart Avenue, North Arlington, N. J. No. MC 3647 (Sub No. 259), filed April Pennsylvania, Rhode Island, V * ^ Applicant’s representative: Bert Collins, 6, 1959. Applicant: PUBLIC SERVICE Virginia, and the District of C V

Wednesday, June 10, 1959 FEDERAL REGISTER 4715 HEARING: September 9, 1959, at the intersection of Pennsylvania Avenue and No. MC 109312 (Sub No. 29), filed New Jersey Board of Public Utility Com­ Marlboro Pike, in Maryland, from the March 17, 1959. Applicant: DE CAMP missioners, State Office Building, Ray­ intersection of Pennsylvania Avenue and BUS LINES, a corporation, 300 Allwood mond Boulevard, Newark, N.J., before Southern Avenue along the proposed Road, Clifton, N.J. Applicant’s attor­ joint Board No. 119. Pennsylvania Avenue Extension (new ney: James F. X. O’Brien, 17 Academy No. MC 3647 (Sub No. 263) (CORREC­ Maryland Highway 4), to its intersection Street, Newark, N.J. Authority sought TION) , filed April 23,1959, published is­ with Marlboro Pike (present Maryland to operate as a common carrier, by motor sue of Federal R egister May 20, 1959. Highway 4), and return over the same vehicle, over a regular route, transport­ Applicant?: PUBLIC SERVICE COORDI­ route,- serving all intermediate points. ing: Passengers and their baggage, in the NATED TRANSPORT, a Corporation, Applicant is authorized to conduct op­ same vehicle with passengers, between 180 Boyden Avenue, Maplewood, N.J. erations in Maryland and the District of East Orange, N.J., and Clifton, N.J„ from Applicant’s attorney: Richard Fryling, Columbia. East Orange over the Garden State General Counsel, Law Department, Pub­ Note: The purpose of this republication Parkway, through Bloomfield and Nut- lic Service Coordinated Transport (same is to reflect that applicant proposes to serve ley, N.J., to junction New Jersey Highway address as applicant). Authority sought ALL intermediate points. 3 in Clifton, and return over the same to operate as a common carrier, by motor route, serving all intermediate points. vehicle, over regular routes, transport­ HEARING: Remains as assigned July Applicant is authorized to conduct op­ ing: Passengers and their baggage, and 14, 1959, at the Offices of the Interstate erations in New Jersey and New York. express and newspapers in the same" ve­ Commerce Commission, Washington, D.C., before Joint Board No. 112. Note: Applicant states that the purpose of hicle with passengers, etc. Line nine the instant application is for a clear and un­ (9) of the territorial description in Item No. MC 3677 (Sub No. 45), filed June equivocal approval of a presently operated (1) reading: “Allendale, Warwick, North 1, 1959. Applicant: W. M. A. TRANSIT route along the Garden State Parkway be­ Franklin,” is incorrect, in that the town COMPANY, a Corporation, 4421 South­ tween East Orange, NJL, and Bloomfield, proposed to be served indicated as “War­ ern Avenue, Bradbury Heights, Md. NJT. Any duplication with present authority wick” is correctly named WALD WICK. (Mailing address: Washington 19, D.C.). to be eliminated. HEARING: Remains as assigned, July Applicant’s attorney: Earl M. Foreman, HEARING: December 1, 1959, at the 20,1959, at the Municipal Building, Route Tower Building, Washington 5, D.C. New Jersey Board of Public Utility Com­ 202, Ramopo Road, Oakland, N.J., be­ Authority sought to operate on a com­ missioners, State Office Building, Ray­ fore Joint Board No. 119. mon carrier, by motor vehicle, over a mond Boulevard, Newark, N.J., before No. MC 3677 (Sub No. 43) (CORREC­ regular route, transporting: Passengers Joint Board No. 119. TION) , filed May 14, 1959, published is­ and their baggage, and express ''and No. MC 116140 (Sub No. 5), filed April sue of Federal R egister June 3, 1959. newspapers in the same vehicle with 27, 1959. Applicant: CAPITAL TRANS­ Applicant: W. M. A. TRANSIT COM­ passengers, between the Intersection of IT, Inc., South Main Street, Concord, PANY, a Corporation, 4421 Southern Old Landover Road and Maryland High­ N.H. Applicant’s representative: Andre Avenue, Bradbury Heights, Md. (mailing way 202, Md., and Prince Georges County J. Barbeau, 12 Paris Terrace, Manches­ address: Washington 19, D.C.). Appli­ Hospital, Md., from the intersection of ter, N.H. Authority sought to operate as cant’s ,attomey: Earl M. Foreman, Old Landover Road and Maryland High­ a common carrier, by motor vehicle, over Tower Building, Washington 5, D.C. way 202 westerly over Maryland High­ regular routes, transporting: (1) Passen­ Authority sought to operate as a common way 202 to Hospital Rdad, and thence gers and their baggage, and express, carrier, by motor vehicle, over regular along Hospital Road southwesterly to newspapers and mail, in the same vehicle \ routes, transporting: Passengers and Prince Georges County Hospital, and re­ with passengers, (a) between Man­ their baggage, and express and newspa­ turn over the same route (one mile each chester, N.H., and Portsmouth, N.H., via pers in the same vehicle with passengers, way), serving all intermediate points. Exeter over New Hampshire Highway between the intersection of Branch Ave­ Applicant is authorized to conduct com­ 101, serving all intermediate points; (b) nue and Auth Road, and the intersection mon carrier operations in Maryland and between the junction of New Hampshire of Auth Road and Allentown Road, both the District of Columbia. Applicant has Highway 101 and Sherburne Road and located in Prince Georges County, Md., a contract carrier application pending the “South” or “Sherburne Road” en­ from the intersection of Branch Avenue before the Commission assigned Docket trance of the Pease AirJForce Base, New­ (Maryland Highway 5), and Auth Rpad, No. MC 116766 (Sub No. 1). ington, N.H., over Sherburne Road, along Auth Road to its intersection with HEARING: July 14,1959, at the Offices serving no intermediate points; (2) Allentown Road (Maryland Highway of the Interstate Commerce Commission, Passengers and their baggage, and ex­ 337), and return over the same route, Washington, D.C., before Joint Board press, newspapers and mail, in the same serving all intermediate points. Appli­ No. 112. vehicle with passengers, in seasonal cant is authorized to conduct operations No. MO 3705 (Sub No. 19), filed April operations during the. season extending jn Maryland and the District of Colum- 27, 1959. Applicant: WESTWOOD from the 15th of May to the 15th of Octo­ TRANSPORTATION LINES, INC., 149 ber, both inclusive, of each year, between Note: The purpose of this república- Liberty Street, Little Ferry, N.J. Appli­ Manchester, N.H., and Hampton Beach, ah 5®rect applicant proposes to si cant’s attorney: Robert E. Goldstein, 24 N.H., from Manchester over New Hamp­ au, intermediate points. West 40th Street, New York 18, N.Y. Au­ shire Highway 101 to Exeter, thence over thority sought to operate as a common , Remains as assigned J New Hampshire Highway 101-C to carrier, by motor vehicle, over regular Hampton, thence over New Hampshire pnni-„ ’ Offices of th e Interst routes, transporting: Passengers and ommerce Commission, Washingl Highway 101-E to the junction of New (their baggage, and express*and news­ Hampshire Highway 1-A, thence over xt” w 0re J°mt Board No. 112. papers in the same vehicle with passen­ ^ 3 6 7 7 (Sub No. 44) (CORRI New Hampshire Highway 1-A to Hamp­ gers, between Teaneck, N.J., and Ridge­ ton Beach, and return over) the same issno í l ed Alay 14, 1959, publis] field Park, N.J., from the junction of ArJ . of Federal Register June 3, If route, serving all intermediate points. Queen Anne Road and Cedar Lane in Applicant is authorized to conduct opera­ PANvaPt: W- M- A- TRANSIT CO Teaneck over Cedar Lane tb the junction tions in Vermont, New Hampshire, Avenim n Corporation, 4421 South of Teaneck Road, thence along Teaneck Maine, Massachusetts, Connecticut, New a d S • w ^ury Heights, Md. (mail Road to the junction of Teaneck Road ca £ *■ Washington 19, D.C.). Ap] York, and the District of Columbia. TW ^torney: Earl, M. Forem and Mt. Vernon Street in Ridgefield HEARING: July 20, 1959, at the New Park, and return over tfie same route, Hampshire Public Service Commission, Authoritv^!Ídll?ñ’x Washington 5, I carrier °Perate as a comn serving all intermediate- points. Appli­ Concord, N.H., before Joint Board No. routes * motor vehicle, over regu cant is authorized to conduct operations 186. their baoo^,P°rting: Passen9ers i in New Jersey and New York. Applications in W hich Handling W ith­ Papers tariff’ and exPress and net HEARING: September 9, 1959, at the out Oral H earing I s R equested gers, between +tme. vehicle with pass< New Jersey Board of Public Utility Com­ syivania Av^the mtersection of Pei missioners, State Office Building, Ray­ MOTOR CARRIERS OF PROPERTY at the n i ¿ S Ue- and Southern Aven mond Boulevard, Newark, N.J., before yNo. MC 1351 (Sub No. 8), filed May 26, tnct of Columbia line, and Joint Board No. 119. 1959. Applicant: MORRIS HASKELL,

A 4716 NOTICES doing business. as M: HASKELL; 312 air or railway express service. Applicant No. MC 109637 (Sub No. 128), filed South Main Street, Palmer, Mass. Ap­ is authorized to conduct operations June 1, 1959. Applicant: SOUTHERN plicant’s attorney: Reubin Kaminsky, throughout the United States. TANK LINES, INC., 4107 Bells Lans, 410 Asylum Street, Hartford 3, Conn. No. MC 107496 (Sub No. 135) (COR­ Louisville 11, Ky. Authority sought to Authority sought to operate as a con­ RECTION) , filed May 1, 1959, published operate as a common carrier, by motor tract carrier, by motor vehicle, over' ir­ F ederal R egister issue of May 13, 1959. vehicle, over irregular routes, transport­ regular routes, transporting: Paper Applicant: RUAN TRANSPORT COR­ ing: Animal fats, oils and greases, and products, namely, paperboard boxes and PORATION, 408 Southeast 30th Street, tallow, in bulk, in tank vehicles, from wrapping paper, from Jewett City, Conn., Des Moines, Iowa. Authority sought to Owensboro, Ky., to Jeffersonville, Ind., to Boston, Mass., and Brooklyn, N.Y., operate as a common carrier, by motor and Shelbyville, Tenn. Applicant is and pallets, pallet parts, skids and paper vehicle, over irregular routes, transport­ authorized to conduct operatiohs in Ala­ cores and empty containers or other such ing: Petroleum products, in bulk, in tank bama, California, Flqrida, Georgia, Illi­ incidental facilities Cn6t specified) used vehicles, from Milwaukee, Wis., to South nois, Indiana, Iowa, Kentucky, Louisi­ in transporting the above commodities Beloit, 111. Applicant is authorized to ana, Michigan, Minnesota, Mississippi, on return. Applicant is authorized to conduct operations in Iowa, Illinois, Wis­ Missouri, . New York, North Carolina, conduct operations inNew Jersey, Con­ consin, Minnesota, Missouri, Nebraska, Ohio, South Carolina, Tennessee, Texas, necticut, Rhode Island, Massachusetts, South Dakota, North Dakota, Kansas, Virginia, West Virginia, and Wisconsin. New Hampshire, and New York. Ohio, Kentucky, Indiana, Colorado, Oklahoma, Arkansas, Louisiana, and MOTOR CARRIERS OF PASSENGERS N ote: Applicant states that the above transportation will be performed under con- . Texas. No. MC 2890 ^(Sub No. 36), filed May tinuing contracts or agreements with Brook­ N ote: The inclusion of Madison, Wis., as 11, 1959. Applicant: AMERICAN BUS­ lyn Cooperage Corporation, New York, N.Y. an origin point in the application as orig­ LINES, INC., 1341 P Street, Lincoln 8, inally filed was in error. Nebr. Applicant’s attorneys: Curry and No. MC 20992 (Sub No. 7), filed May Dolan, Southern Building, Washington 13, 1959. Applicant: WILLIAM DOT- No. MC 108461 (Sub No. 77) ..filed June 5, D.C. Authority sought to operate as a SETH, Rural Route, Knapp, Wis. Appli- • 1, 1959. Applicant: WHITFIELD common carrier, by motor vehicle, over cant’s attorney: W. P. Knowles, New TRANSPORTATION, .INC., 240 West a regular route, transporting: Passen­ Richmond, Wis. Authority sought to op­ Amador Street, P.O. Box 1350, Las gers and their baggage, and express and erate as a common carrier, by motor ve­ Cruces, N. Mex. Authority sought to newspapers, in the same vehicle with hicle, over irregular routes, transporting: operate as a common carrier, by motor passengers, between San Bernardino, Agricultural implements and machinery, vehicle, over irregular routes, transport­ Calif., and junction U.S. Highways 395 and equipment, such as bean pickers, and ing: Pyrite cinders, in bulk, in hopper- and 99, east of Colton, Calif., over U.S. parts thereof, from Clear Lake, Wis., to type vehicles, restricted to traffic having Highway 395, serving not intermediate points in Tennessee, Arkansas, Okla­ prior movement by rail, from Albuquer­ points. homa, Texas, and Colorado, and refused que, N. Mex., to Ideal Cement Co., plant Note : Applicant requests that its èxisting and rejected shipments of the above- site at Tijeras, N. Mex., approximately authority between San Bernardino, Calif., specified commodities for repair, on. re­ 16 miles southeast of Albuquerque, and and Colton, Calif., should be corrected to turn. Applicant is authorized to conduct rejected shipments on return. Applicant read “unnumbered highway”, instead of operations in Minnesota and Wisconsin. is authorized to conduct operations in “U.S. Highway 395”. Applicant states that Note: Applicant states that the above- California, Colorado, New Mexico, Texas, U.S. Highway 395 has been relocated since described commodities are manufactured by and Utah. the last reissue of Certificate No. MC 2890 Paulson Brothers Industries, Inc., of Clear No. MC 109540 (Sub No. 19)., filed May (Sub No. 18). Lake, Wis., and will be transported to dealer^, 25, 1959. Applicant: YEARY TRANS­ No. MC 94742 (Sub No. 15), filed May canning corporations, and farms in the FER CO. INC., Boonesboro Pike, Win— MICHAUD’S above-specified States. 1,1959. Applicant: BUS . Chester, Ky. Applicant’s attorney: Wil­ INE, INC., 250 Jefferson Avenue, Salem, No. MCT 66562 (Sub No. 1501), filed liam ' Hays, McEldowney Building, lass. Authority sought to operate as a June 1, 1959. Applicant! RAILWAY Winchester, Ky. Authority sought to ommon carrier, by motor vehicle, over EXPRESS AGENCY, INCORPORATED, operate as a common carrier, by motor egular routes, transporting: Passengers 219 East 42d Street, Hew York, N.Y. vehicle; over irregular routes, transport­ nd their baggage, and express, mail and Applicant’s attorney: Robert C. Boozer, ing: Fertilizers and fertilizer compounds, ewspapers in the same vehicle with 1220 The Citizens & Southern National in bags and in packages, and empty con­ assengers, between Boston, Mass., and Bank Building, Atlanta 3, Ga. Author­ tainers or other such incidental facilities Rochester, N.H., via Berwick, Maine, ity sought to operate as a common car­ (not specified) used in transporting the rom Boston over U.S. Highway. 1 to rier, by motor vehicle, over regular aboVe-specified commodities, between unction National Interstate Highway routes, transporting: General commod­ Hopewell, Va.> and points in Anderson, 5, thence over National Interstate High- ities, including Class A and B explosives, Bath, Bell, Boone, Bourbon, Boyd, Boyle, ray 95 to junction Massachusetts moving in express service, between Bracken Breathitt Bullitt, Campbell, lighway 110, thence over Massachu- Raleigh, NtC., and Fayetteville, N.C.: (1) Carroll, Carter, Casey, Clarke, Clay, etts Highway 110 to junction Massa- from Raleigh over U.S. Highway 401, Daviess, Elliott, Estill, Fayette, Fleming, hussets Highway 150, thence. ove through Varina and Lillington, to Fay­ Floyd, Franklin, Gallatin, Garrard, lassachusetts Highway 150 to A®® ‘ etteville, (2) from junction U.S. Highway Grant, Greenup, Harlan, Harrison, ury, Mass., thence over Massachusetts 401 and North Carolina Highway 55 over Henry, libpkins, Jackson, Jefferson, Jes­ lighway 150 to the Massachusetts-New North Carolina Highway 55, through samine, Johnson, Kenton, Knott, Knox, lampshire State line, thence over Angier and-Coats, to Erwin, thence over Laurel, Lawrence, Lee, Leslie, Letcher, lampshire Highway 150 to ju» . U.S. Highway 421 to Dunn, and thence Lewis, Lincoln, McCreary, Madison, few Hampshire Highway 108, tn over U.S. Highway 301 to Fayetteville, Magoffin, Marion, Martin, Mason, Meni­ ver New Hampshire Highway 108 and (3) from junction U.S. Highway 401 fee, Mercer, Montgomery, Morgan, )over, N.H., thence over unnumbered and U.S. Highway 421 over U.S. Highway Muhlenberg, Nelson, Nicholas, Oldham, tighway to junction New 421 to Dunn, operating in either direct Owen, Owsley, Pendleton, Perry, Pike, lighway 16A, thence over New Hamp tion over all segments, serving the inter­ Powell, Pulaski, Robertson, Rockcastle, hire Highway 16A to Somersworth.• > mediate points of Varina, Lillington, Rowan, Russell, Scott, Shelby, Trimble, hence over New Ham pshire H g Angier, Coats, Erwin and Dunn, N.C. Washington, Wayne, Webster, Whitley, 6A to junction »Maine Highway RESTRICTIONS: (1) The servcie to be Wolfe, and Woo'dford Counties, Ky. Ap­ iear Berwick, Maine, thence retu performed by applicant shall be limited plicant is authorized to conduct opera­ Jerwick oven Maine Highway 9 t o ) to service which is auxiliary to, or sup­ tions in Kentucky, Ohio,, Alabama, Flor­ ion New Hampshire Highway 1 plemental of, air or railway express serv­ ida, Georgia, Illinois, Indiana, Maryland, >omersworth, thence over New ice. (2) Such further specific conditions Michigan, Missouri, New Jersey, New hire Highway 16A to J^nda . as the Commission in the future may lampshire Highway 16, a n d ^ Roch- find it necessary to impose in order to York, North Carolina, Pennsylvania, South Carolina, Tennessee, Virginia, iew Hampshire Highway 16 ^ restrict applicant’s operation to service ister; also from Dover over unnumber which is auxiliary to, or supplemental of, West Virginia, and Wisconsin.

P Wednesday, June 10, 1959 FEDERAL REGISTER 4717 highway to junction Spaulding Turn­ the authority granted in the first para­ DOCKHAM, published in the April 22, pike, thence over Spaulding Turnpike to graph of said certificate (as shown 1959, issue o f the F e d e r a l R e g i s t e r on junction New Hampshire Highway 125 above) so as to permit the transportation page 3143. Application filed June 1, at or near Gonic, N.H., and thence over of furniture, from Brooklyn, N.Y., to 1959, for temporary authority under New Hampshire Highway 125 to Roch­ points in Maryland,-Delaware, Pennsyl­ section 210a (b). ester, and return over the same routes, vania and the District of Columbia, and No. MC-F 7215. Authority sought for serving all intermediate points, and Ber­ dismiss the Form BMC 78 application purchase by ALLIED VAft LINES, INC., wick, Maine. Applicant is authorized filed concurrently with the petition, as­ 25th Avenue and Roosevelt Road, Broad­ to conduct operations throughout the signed Docket No. MC 1540 (Sub No. 14). view, 111., of a portion of the operating United States. No. MC 111320 (Sub No. 14), (Sub No. rights of McNAUGHTON BROS., INC., No. MC 109780 (Sub No. 56), filed May 25), and (Sub No. 27). Petitioner: 625 South 13th Street, Indiana, Pa. Ap­ 29, 1959. Applicant: TRANSCON­ CURTIS KEAL TRANSPORT COM­ plicants’ attorney: John R. Turney, TINENTAL BUS SYSTEM, INC., doing PANY, INC., Cleveland, Ohio. Peti­ 2001 Massachusetts Avenue NW„ Wash­ business as CONTINENTAL TRAIL- tioner’s representative: G. H. Dilla, 3350 ington 6, D.C. Operating rights sought WAYS, 315 Continental Avenue, Dallas, Superior Avenue, Cleveland, Ohio. Pe­ to be transferred: Household goods, as Tex. Applicant’s attorney: R. Y. tition dated May 7, 1959, seeks the defined by the Commission, as & com­ Schureman, 639 South Spring Street, elimination of the restriction in the mon carrier over irregular routes, be­ Los Angeles 14, Calif. Authority sought origin territories of plant sites, and also tween points in Indiana, Jefferson, Cam­ to operate as a common carrier, by motor permit the transportation of parts, with, bria, Clearfield, Armstrong, Westmore­ vehicle, over a regular route, transport­ or separate from the unit transported. land, Somerset, and Clarion Counties, ing: Passengers %nd their baggage, and Certificate No. MC 111320 (Sub No. 14) Pa., on the one hand, and, on the other, express and newspapers, in the same authorizes the transportation of Road points in New York, New Jersey, West vehicle with passengers, between Glen building, earth moving, and construction Virginia, Maryland, and Ohio. Vendee Canyon Dam Site, Ariz„ and Kanab, equipment, and parts thereof, (when is authorized to operate as a common Utah, from Glen Canyon Dam Site, Ariz., moving at the same time and with the carrier in all States in the United States over Arizona Highway 189 to junction vehicle of which they are a part, and on and the District of Columbia. Applica­ Utah Highway 259 at the Arizona-Utah which they are to be installed) in trucka- tion has not been filed for temporary State line, thence over Utah Highway way service, between the plant sites of authority under section 210a(b). 259 to Kanab, and return over the same the Euclid Division of the General No. MC-F 7216. Authority sought for route, serving all intermediate, points. 1 Motors Corporation in Cleveland and purchase by W, M. (BILLY) WALKER, Applicant is authorized to conduct Euclid, Ohio, on the one hand, and, on the other, points in the'United States INC., 129 South Grimes Street, Hobbs, operations in Arkansas, Arizona, Cali­ N. Mex., of the operating rights of GUS fornia, Colorado, Illinois, Kansas, with the exception of twelve named states. Certificate No. MC 111320 (Sub A. BECKER, doing business as R. & S. Louisiana, Missouri, Nebraska, New TRUCK CO., P. O. Drawer 38, Main Mexico, Oklahoma, and Texas. No. 25) authorizes the transportation of Grading and excavating equipment, the Street, Mirando City, Tex., and for ac­ Application for B rokerage L icense transportation of which, because of size quisition by W. M. (BILLY) WALKER, MOTOR CARRIER OF PASSENGERS or weight, require special equipment, and also of Hobbs, of control of such rights No. MC 12708, filed May 15, 1959. parts thereof when moving with the through the purchase. Applicants’ at­ Applicant: VIDA POX CLAWSON, 216 equipment on which it is to be installed, torney: W. D. Girand, Box 1445, Hobbs, South 13th East Street* Salt Lake City, from the site of the Warner-Swasey N. Mex. Operating -rights sought to be Utah. Applicant’s attorney: Duane B. Company’s plant at New Philadelphia, transferred: Machinery, materials, sup­ Welling, 1311 Walker Bank Buildings, Ohio, to points in various named states. plies, and equipment incidental to, or Salt Lake City 11, Utah. For a license Certificate No. MC 111320 (Sub No. 27) used in, the construction, development, (BMC 5) to engage in operations as a authorizes the transportation# of Road operation, and maintenance of facilities broker at Salt Lake City, Utah, in building and earth moving equipment, for the discovery, development, and pro­ arranging for the transportation by other than dump trucks, and trucks of duction of natural gas and petroleum, as motor vehicle in'" interstate or foreign the type ordinarily used in over-the-road a common carrify over irregular routes, commerce of Passengers and their bag- freight, carrying service and parts of between points in Te^as. • Vendee is au­ sage, in the same vehicle with pas­ such equipment when transported either thorized to operate as a common carrier sengers, both as individuals and groups, with or separately from, said equipment in New Mexico and Texas. Application m round-trip charter all-expense tours, by driveaway and truckaway method, has been filed for temporary authority beginning and ending at points in Utah between the plant site of the General under section 210 a (b). ana extending to points in the United Motors Corporation, Euclid Division, No. MC-F 7217. Authority sought for states. near Darrowville, Ohio, on the one hand, purchase by THURSTON MOTOR P etitions and, on the other, points in the United LINES, INC., Pender Street -Extension, States. Petitioner prays that the Inter­ Wilson, N.C., of a portion, of the oper­ riK JS?0 (PETITION FOR CLARIFI- state * Commerce Commission modify or ating rights of UNION STORAGE & i S r Ni and MC 1540 Sub No. 14 amend the Certificates to permit the WAREHOUSE COMPANY, INC., doing ’ filed concurrently, PETI- transportation of road building and business as NORTH SOUTH LINES, HON TO DISMISS embraced in the sub- earth moving parts, with, or separately 2529 North Tryon Street, Charlotte, W * ? 1?11, Petitioner: Joseph Daniel from such equipment, and to eliminate N.Q., and for acquisition by D. J. THURS­ Leonard, York, Pa. Petitioner’s attor- the restriction of plant sites in these TON, JR., also of Wilson, of control of Strpofi°vnain T- Petow, 43 North Duke certificates. such rights through the purchase. Ap­ April 99Yi°q?o Pa/. By Petition dated plicants’ representative: D. J. Thurston, tentmn2, }9iL9’ Petitioner directs the at- A pplications U nder S ection 5 and Jr., President, Thurston Motor Lines, ■ « ,£ * V5 e Commission to the Cer- 210a(br Inc., P.O. Box 390, Wilson, N.C. Oper­ 1 5 4 0 ,May 25’ 1951 ’ in No- MC The following applications are gov­ ating rights sought to be transferred: Purnitvr^u0^ ’ that P°rtion reading: erned by the Interstate Commerce Com­ General commodities, with certain ex­ inPenS bet^ een Y°rk, Pa., and points mission’s special rules governing notice ceptions including household goods and on t£ f y VaiVa within 25 miles of York, of filing of applications by motor car­ commodities in bulk, as a common car­ Grand p°J!f-^ha^d’ and> on the other, rier of property or passengers under sec­ rier over irregular routes, between Char­ Baltimo^fPA^’ Mieh-> Cleveland, Ohio, tion 5(a) and 210a(b) of the Interstate lotte, N.C. on the one hand, and, on the v a n ia S iS b and Points , in Pennsyl- Commerce Act and certain othpr pro­ other-points in North Carolina west of Jersey n ^ « ChUS!tts’ Connecticut, New cedural matters with respect thereto. US. Highway 29, and points in that part on part of New York (49 CFR 1.240) of Virginia on and west-of a line begin­ C L Highway 202, and ning at the Potomac River near Point of «oner m ^ E 1! ^ of Columbia. Peti­ MOTOR CARRIERS OF PROPERTY Rocks, Md., and extending along U.S. te Proc?emSc ^ th»e Commission reopen No. MC-F 7166, LAW & INGHAM Highway 15 to junction U.S. Highway 50 i ited p u r n j 5 1T} MC 1540 for the lim- TRANSPORTATION CO., INC.—PUR­ (formerly U.S. Highway 15) near Aldie, of clarifying the extent of CHASE (PORTION) —GEORGE F. Va., thence along U.S. Highway 50 to 4718 NOTICES Middleburg, Va., thence along Virginia Pennsylvania,' Delaware, New Jersey, (except alcoholic liquors) and anti­ Highway 626' (formerly U.S. Highway New York, Massachusetts, Connecticut, freezing compounds, between Perryton, 15) to The Plains, Va., thence along Vir­ Maryland, West Virginia, Ohio, Indiana, Tex., and Childress, Tex., serving all ginia Highway 245 (formerly U.S. High­ Illinois, Alabama, Florida, Georgia, and intermediate points, with the restriction way 15) to junction Virginia Highway the District of Columbia, Application that no service shall be provided at 17 (formerly U.S. Highway 15), thence has not been filed for temporary au­ Canadian, Tex., on movements of freight along Virginia ■ Highway J.7 to Warren- thority under section 210a(b). from, .to or through ■'Amarillo, Tex., ton, Va., and thence along U.S. Highway NO. MC-F 7221. Authority sought for Woodward, Okla., and Wichita, Kans., or 15 to the Virginia-North Carolina State purchase by .TEXAS OKLAHOMA EX­ points intermediate between Woodward line; household goods, between Char­ PRESS, INC., 1005 South Lamar Street, and Wichita, between Amarillo, Tex., and lotte, N.C., on the one hand, and, on the Dallas 2, Tex., of the operating rights Sunray, Tex., serving certain intermedi­ other, points in Virginia. Vendee is au­ and property of U. L. BROOKS AND ate and off-route points, between Liberal, thorized to operate as a common carrier JAMES C. PITTS, doing business as Kans., and Perryton, Tek., serving the in North Carolina, South Carolina, Ten­ CANADIAN TRUCK LINE, 200 North intermediate points of Boyd and Gray, nessee, Virginia and Florida. Applica­ Lincoln Street, Amarillo, Tex., and for Okla, between Liberal, Kans., and tion has been filed for temporary author* acquisition by LEONARD D. BROWN, Booker, Tex., serving the intermediate ity under section 210a(b). P. L, CASE, and GEORGE C. JOHN­ point Of Beaver, Okla., between Forgan, No. MC-F 7218. Authority sought for STON, all of Dallas, of control of such Okla., and junction U.S. Highways 64 lease by SHIPLEY TRANSFER, INC., 534 rights and property through the pur­ and 283 (east of Rosston, Okla.,) serving Mairi Street, Reisterstown, Md., of a por­ chase. Applicants’ attorney: Reagan no intermediate points but serving For­ tion of the operating rights of WEST Sayers, Century Life Building, Fort gan for the purpose of joinder only, and MOTOR FREIGHT, INC., Comer of Worth 2, Tex. Operating rights sought between Gruver, Tex., and Spearman, Reading and Pottstown Pike, Boyertown, to be transferred: General commodities, Tex., serving no intermediate points; Pa., and for acquisition by H. LaMOTTE . with certain exceptions excluding house­ carrier is 'authorized to serve points SHIPLEY, also of Reisterstown, of con­ hold goods and including commodities in within 25 miles of Perryton; Tex., and trol of such rights through the transac­ bulk, as a common carrier over regular points within 25 miles of Perryton, Tex., tion. Applicants’ attorney: William J. routes, between Wichita, Kans., and and points'Within 25 miles of Spearman, Little, 1513 Fidelity Building, Baltimore Woodward, Okla., serving all interme­ Tex., as off-route points in connection 1, Md. Operating rights sought to be diate points between Wellington and with its regular route operations; the leased: Tallow, in bulk, iii tank vehicles, Caldwell, Kans., not including Welling­ authority granted in Certificate No. as a common carrier over irregular ton, without restriction; those between MC 8102 Sub 18 is restricted against routes, between Boyertown, Pa., and Caldwell and Woodward, including service from or to the site of the Cam- points within 150 miles thereof, on the Woodward, restricted against the trans­ rick Processing Plant of the Texas one hand, and, on the other, points in portation of household goods as defined Company, seven and one-half miles Connecticut, Delaware, Maryland, Mas­ by the Commission; and the off-route southwest of Gray, Okla.; alternate sachusetts, New Jersey, New York, Ohio, points of Freedom, Rosston and Selman, routes for operating convenience only Rhode Island, Virginia, West Virginia, Okla., also restricted against the trans­ between Medford; Okla., and junction North Carolina, and the District of Co­ portation of household goods as defined Oklahoma Highway 11 and U.S. High­ lumbia. Lessee is authorized to operate above; alternate routes for operating way 64, between Buffalo, Okla., and Fort as a common carrier in Maryland, West convenience only between Wichita, Supply, Okla., between the junction of Virginia, Rhode island, Connecticut, Kans., and Alva, Okla., and between U.S. Highways £83 and 64, two miles Massachusetts, Pennsylvania, New York, Alva, Okla., and Woodward, Okla., the east of Rosston, Okla., and Booker, Tex., last-named route restricted against the serving Elmwood, Okla., for the purpose New Jersey, Virginia, North Carolina, of joinder only, and between, the junc­ Ohio, Michigan, Indiana, Missouri, Wis­ transportation of household goods, as defined by the Commission, to or from tion of U.S. Highways 283 and 270, eight consin, Illinois, Tennessee, Delaware, miles west of May, Okla., and Elmwood, Georgia, New Hampshire, Vermont, Ken­ Woodward; general commodities, with certain exceptions including household Okla., serving Elmwood for the purpose tucky, South Carolina, Alabama, Minne­ of joinder only; household goods as,de­ sota, and the District of Columbia. Ap­ goods and commodities in bulk, between Panhandle, Tex.,, and Gruver, Tex., fined by the Commission, livestock, and plication has n New Mexico, Oi plies and equipment incidental to and Canada, of a certificate in No. MC 101291, southern aririindffi^y,oming Points used in the agricultural industry, live­ issued August 5, 1953, to Clarke Robert­ GrounA^ offlc*al territories, stock, and migrant movables, from and son’s Transportation Limited, Fort Fran­ tion. *or relief: Market compe to or between, points in Cook, Will, or ces, Ontario, Canada, authorizing the Kankakee, County, El., and points in transportation of wrapping paper and ThiSfc LL?U*PP-lment 53 to Weste a specified Indiana territory; lumber, paper cores, between International Falls, pC n tS t ^ nff+ I -C-C- A-4016- Su from points in a specified Indiana terri­ Minn., and the boundary of the United I.C.C. A-4033.Western Lines tai tory, to Joliet, 111.; livestock, feed, agri­ States and Canada at International cultural commodities, lumber and wood, Falls; general commodities including [ ^ e x ^ to 3r479-: MWnesite—Lovh between Lake Village, Ind., and points commodities in bulk and household goods Southwestern L<^ SVllle> Ky. Piled in Indiana within 30 miles of Lake Vil­ as defined in the Commission, between n S g freight Bureau, Age lage, on the one hand, and, on the other, International Falls, Minn., and the No. n s-’ Q0r interested rail ca Chicago, 111.; limestone and gravel, from boundary of the United States and 4720 NOTICES Canada at International Palls, and lum­ No. MC 117895, filed November 28; (8) ) and notice thereof to all interested ber, from the boundary of the United 1958. Applicant: FRIGID TRANS­ persons is hereby given as provided in States' and Canada at International PORT SYSTEM, a Corporation, Box 245, such rules (49 CPR 211.1(d) (4)). Palls, Minn., to points in Minnesota,. Livingston, N.J. Applicant’s representa­ Protests against the use of any pro­ Kathleen E. Morrison, 507 Portage Ave­ tive: Charles H. Trayford, 155 East 40th posed deviation route herein described nue, P.O. Box 610, Port Prances, Ontario. Street, New York 16, N.Y. Authority may be filed with the Interstate Com­ No. MC-FC 62279. By order of May sought under section 7 of the Trans­ merce Commission in the manner and 29, 1959, the Transfer Board approved portation Act of 1958 to operatp as a form provided in such rules (49 CFR the transfer to Albert Hines, Hammond, common carrier, by motor vehicle, over 211.1 (e) ) at any time but will not operate Wisconsin, of a certificate in No. MC •irregular routes, transporting: Frozen to stay commencement of the proposed 90924 issued December 29,1952 to Arthur fruits, frozen berries, and frozen vege­ operations unless, filed within 30 days C. Licht, Hammond, Wisconsin, authoriz­ tables, from points in New York, New from the .date of publication. ing the transportation of specified com­ Jersey, and Pennsylvania, to points in Successively filed letter-notices of the modities from, to and between, points in Delaware, New Jersey, New York, and same carrier under the Commission’s Wisconsin and Minnesota. A. R. Fowler, Pennsylvania. deviation rules * revised, 1957, will be Associated Motor Carriers Tariff Bureau, Note: Applicant states its principal officer numbered consecutively for convenience 2288 University Avenue, St. Paul 14, is also a stockholder and in control of Super in identification and protests if any M. Foods Delivery, Inc., a contract carrier should refer to such letter-notices by Minnesota. holding Permit No. MC 7832; therefore, dual number. No. MC-PC 62283. By order of May operations and common control may be 29, 1959, the Transfer Board approved involved. M otor Carriers of P roperty the transfer to Monterey Transfer and No. MC 117965, filed December 2,1958. No. MC 10928 (Deviation No. 4), Storage, a corporation of Monterey, SOUTHERN-PLAZA EXPRESS, INC., California, of Certificate No. MC 62032 Applicant : ROMNEY PRODUCE COM­ PANY, A Corporation, 601 East Jackson P.O. Box 10572, Dallas 7, Tex., filed May issued August 30, 1955 to Don Collins 26, 1959. Carrier proposes to operate as Adams doing business as Monterey Street, Phoenix, Ariz. Authority sought under section 7 of the Transportation a common carrier, by motor vehicle, of Transfer & Storage of Monterey, Cali­ general commodities, with certain ex­ fornia, authorizing the transportation of Act of 1958 to operate as a common car­ rier^ by -motor vehicle, • over irregular ceptions, over a deviation route, between household goods between points in Mon­ Oklahoma City, Okla., and Kansas City, terey and San Benito Counties, Califor­ routes, transporting: Bananas, from El Paso, Texas, to Los Angeles, Calif. Mo., as follows: from Oklahoma City nia. Eugene Harrah, 518 Professional over U.S. Highway 77 to junction U.S. Building, Monterey, Calif., for applicants. No. MC 118018, filed December 9,1958. Applicant: HELEN ALOI AND MABEL Highway 177, thence ,over U.S. Highway [ seal] H arold D. M cC oy, EMMANUEL, Doing business as, A & E 177 to junction unnumbered highway at Secretary. PRODUCE HAULERS, 213 Roe Avenue, or near Braman, Okla., thence over such Elmira, N.Y. Applicant’s attorney: ^unnumbered highway to the Kansas- [F.R. Doc. 59-4797; Filed, June .9, 1959; Oklahoma State line, thence over the 8:47 a.m.] William T. Croft, Wrape and Hernly, 1624 Eye Street NW, Washington 6, D.C. Kansas Turnpike and access routes to Authority sought under section 7 of the Kansas City and return over the same Transportation Act of 1958 to operate as route, for operating convenience only, a common carrier, by motor vehicle, over serving no intermediate points. The no­ [Notice 11] irregular routes, transporting: Bananas, tice indicates that the carrier is pres­ APPLICATIONS FOR MOTOR CARRIER from Baltimore, Md., Brooklyn and New ently authorized to transport the same commodities between Oklahoma City and _ CERTIFICATE OR PERMIT DURING York, N.Y., Charleston, S.C., Philadel­ phia, Pa., Port Newark, and Weehawken, Kansas City as follows: from Oklahoma THE INTERIM PERIOD N.J., to points in Broome, Cattaraugus, City over U.S. Highway 66 to junction J u n e 5,1959. , Chautauqua, Chemung, Erie, Monroe, Oklahoma Highway 77 (formerly U.S. Applications for motor carrier certifi­ Onondaga, Tioga, and Wayne Counties, Highway 66), thence over Oklahoma cate or permit covering operations N.Y. Highway 77 to Edmond, Okla., thence commenced during the “interim” period, No. MC 118150 (Sub No. 1), filed De­ over unnumbered highway (formerly after May 1, 1958, but on or before cember 10, 1958. Applicant: HAMPTON U.S. Highway 66), to junction U.S. High­ way 66, thence over U.S. Highway 66 to August 12, 1958. LEE, doing business as LEE AND SONS The following applications and certain BANANA CARRIERS, 1707 North Tur­ Tulsa, Okla., thence over U.S. Highway other procedural matters relating ner, Muncie, Ind. Authority sought 75 to junction Oklahoma Highway thereto are filed under the “interim” under section 7 of the Transportation Act (formerly U.S. Highway 75), thence over clause of section 7(c) of the Transporta­ of 1958 to operate as a common carrier, Oklahoma Highway 23A to Bartlesvill, tion Act of 1958.1 These matters are by motor vehicle, over irregular routes, Okla., thence over Oklahoma Highway transporting: Bananas, from points in 75D (formerly U.S. Highway 75) to junc­ governed by special rule. § 1.243 pub­ tion U.S. Highway 75, thence over U.b. lished in the F ederal R egister issue of Maryland, New Jersey, New York, and Pennsylvania, to points in Michigan. Highway 75 to Independence Kans, January 8, 1959r page 205, which pro­ thence over U.S. Highway I f ^ h e m vides, among other things, that this By the Comnjission. vale, Kans., thence over U.S; Highway publication constitutes the only notice 169 to junction U.S. Highway 59, thence to interested persons of filing that will [ seal! H arold D. M cCo y, Secretary. over U.S. Highway 59 to j « be given; that appropriate protests to Highway 50, thence over US.. Higw» an application (consisting of an original [F.R. Doc. 59-4798; Filed, June 9, 1959; 50 to junction U.S. Highway 169, and six copies each) must be filed with 8:47 a.m.] the Commission at Washington, D„C. over U.S. Highway 169 to ju n c tio n ^ sas Highway 7 (formerly ^vSyfto within 30 days from the date of this 169), thence over Kansas Highway < publication in the F ederal R egister; Olathe, Kans., thence over that failure to so file seasonably will be [Notice 87] way 150' (formerly U.S. construed as a waiver of opposition and junction U.S. Highway 169, thence participation in such^ proceeding, re­ MOTOR CARRIER ALTERNATE ROUTE U.S. Highway 169 to Kansas City. _ gardless of whether or not an oral hear­ DEVIATION NOTICES ing is held in the m atter; and that a copy No. MC 14252 mc.,525 J une 5, 1959. m e r c ia l m o t o r h e ig h t , H ^ hi0 of the protest also shall be'served upon Cleveland Avenue, Columbus d, tQ applicant’s representative (or applicant, The following letter-notices of pro­ if no practitioner representing him is posals to operate over deviation routes filed May 25, 1959. Ca™®?J? £ymotor named in the notice of filing). for operating convenience only with operate as a common, with These notices reflect the ■ operations service at intermediate points have been vehicle, of general com deviation described in the applications as filed on filed with the Interstate Commerce Com­ certain* exceptions, over dTojedo, mission, under the Commission’s devia­ . route, between Akron, Ohio, and ohi0 or before the statutory date of December Ohio, as follows: from Akron ove 10, 1958. tion rules revised, 1957 (49 CPR 211.1(c) Wednesday, June 10, 1959 FEDERAL REGISTER 4721 Highway 8 to junction Ohio Turnpike, 30, thence over U.S. Highway 30 to junc­ ington, D.C., with respect to the follow­ thence over the Ohio Turnpike and ac­ tion U.S. Highway 138, thence over U.S. ing matters and questions without cess routes to junction Ohio Highway Highway 138 to Sterling, Colo., thence prejudice, however, to the specification 120, thence over Ohio Highway 120 to over U.S. Highway 6 to Denver, and re­ of additional issues which may be pre­ junction U.S. Highway 23, thence over turn over the same routes. sented in these proceedings: U.S. Highway 23 to Toledo, or via Ohio By the Commission. 1. Whether the terms and conditions Turnpike to Interchange No. 4 and of Regulation A have not been complied thence over U.S. Highway 23 to Toledo [seal] Harold D. McCoy, with in the respects set forth in section and return over the same route, for op­ - Secretary. II hereof ; and erating convenience only, serving no [FJR. Doc. 59-4799; Filed, June 9, 1959; 2. Whether this order temporarily intermediate points. The notibe indi­ 8:47 a.m.] suspending the exemption under Regu­ cates that the 'carrier is presently au­ lation A should be vacated or made thorized to transport the same com­ permanent. modities between Akron and Toledo as It is further ordered, That Robert N. follows: from Akron over U.S. Highway SECURITIES AND EXCHANGE Hislop, or any officer or officers of the 224 to Lodi and thence over U.S. Highway • Commission designated by it for that 42 to Mansfield, thence over U.S. High­ COMMISSION purpose shall preside at the hearing, and way 30N to Bucyrus, Ohio, thence over [24W-2043] any officer or officers so designated to Ohio Highway 100 to Tiffin, Ohio, thence preside at any such hearing are hereby over Ohio Highway 18 to Fostoria, Ohio, POLYTRONIC RESEARCH, INC. authorized to exercise all of the powers and thence over U.S. Highway 23 to Order Temporarily Suspending Ex­ granted to the Commission under sec­ Toledo. tions 19(b), 21, and 22(c) of, the Securi­ No. MC 31389 (Deviation No. 2), Mc- emption, Statement of Reasons ties Act of 1933, as amended, and to LEAN . TRUCKING COMPANY, 617 Therefor, and Notice of and Order hearing officers under the Commission’s Waughtown Street, Winston-Salem, for Hearing rules of practice. N.C., filed May 25, 1959. Carrier pro­ J une 4, 1959. It is further ordered, That the Secre­ poses to operate as a common carrier, by I. Acme Tool & Engineering Corpora­ tary of the Commission shall serve a copy motor vehicle, of general commodities, tion (now Polytronic Research, Incor­ of this order by registered mail on Acme with certain exceptions, over a deviation porated), a corporation of Maryland, Tool & Engineering Corporation (now route, between junction U.S. Highways formerly located at 4124-30 Howard Ave­ Polytronic Research, Incorporated), that 21 and 176 near Sandy Hun, S.C., and nue, Kensington, Maryland, filed with notice of the entering of this order shall junction U.S. Highways 52 and 78 near the Commission on April 4, 1957, a be given to all other persons by general Goose Creek, S.C., as follows: from junc­ Notification and Offering Circular, re­ release of the Commission and by publi­ tion U.S. Highways 21 and 176 near lating to an offering of 100,000 shares of cation in the Federal R egister. Any Sandy Run, S.C., over U.S. Highway 176 its 10^ par value, common stock, at $1.00 person who desires to be heard or other­ to junction U.S. Highway. 52, thence over per share, for an aggregate public offer­ wise wishes to participate in such hear­ U.S. Highway 52 to junction U.S. High­ ing of $100,000, for the purpose of ob­ ing shall file with the Secretary of the way 78, and return over the same route, taining an Exemption from the registra­ Commission on or before June 18, 1959, for operating convenience only, serving tion requirements of the Securities Act a request relative thereto as provided in no intermediate points. The notice indi­ of 1933, as amended, pursuant to section Rule XVII of the Commission’s rules of cates that the carrier is presently au­ practice. thorized to transport the same commod­ 3(b) thereof and Regulation A promul­ gated thereunder; and * By the Commission. ities between the described junction II. The Commission has reasonable Points as follows: from junction U.S. cause to believe tflat the terms and con­ [seal] Orval L. DuBois, Highways 21 and 176 over U.S. Highway Secretary. 21 to Orangeburg, S. C., thence over ILS. ditions of Regulation A have not been Highway 178 to junction U.S. Highway complied with in that: [F.R. Doc. 59-4802; Filed, June 9, 1959; 78, thence over U.S. Highway 78 to junc­ 1. An offering circular was.not used in 8:48 a.m.] tion U.S. Highway 52. connection with the offering of the issuer’s securities to the public as re­ No. MC 105807 (Deviation No. 3), RED quired by Rule 256; and HALL TRANSFER CO., 1009 Capitol 2. The issuer failed, to file a complete [File No. 70-3804] ) fQv®ue- Omaha, Nebr., filed May 25, and accurate report on Form 2-A as re­ Carrier Proposes "to operate as a UNION ELECTRIC CO^ common carrier, by motor vehicle of quired by Rule 260 in that the report filed July 25, 1957states, contrary to fact, Notice of Filing Regarding Proposal raeraZ commodities, with certain ex- that the offering was completed July 24, i ^ ons’ over a deviation route, between 1957 and that the offering was made at To Issue Short-Term Notes To Banks ^Grange, 111., and Grand Island, Nebr., $1.00 per share and by the broker-dealer June 4, 1959. U°ws: from La Grange over U.S. "ighway 34 to junction Illinois Highway firms named therein, and does not re­ Notice is hereby given that Union Elec­ flect the actual commissions paid and tric Company (“Union”) , a public utility Awom-nCn, °Tf IUinois Hi^ w a y 65 to received. company and a registered holding com­ 30 to 4hience over u -s - Highway III. It is ordered, Pursuant to Rule pany, has filed an application, pursuant samp ?Anildl sland and returi 1 over the 261 of the general rules and regulations to section 6(b) of the Public Utility onlv J ? * for °Perating convenience under the Securities Act of 1933, as Holding Company Act"Of 1935 (“Act”), The’nffmnS no intermediate points. amended, that the exemption under for authorization to increase from 5 per­ Presently6 ir+i[ica^es the carrier is Regulation A be, and it hereby is, tem­ cent to 7 percent of the base specified same mm aU?? rized tp transport the porarily suspended. in that section, the aggregate amount S o r S S ! ? tl| S between La Grange IV. The Commission deeming it neces­ of short-term notes which may be issued tin e n t^ u l^ ? 0ver? e followine per- sary and appropriate in the public inter­ by the company under the exemption Highwav « + ° maha over U.S. est and for file projection of investors provided by that section. In addition Illinois ^ oline> HI., thence over that' a hearing be held to determine to section 6(b) of the Act, Rule 50(a) (2) Highway1?? ? ? * 92, to junction U.S. whether to vacate the temporary sus­ promulgated under the act is desig­ 34 to Chirac? *nce over H.S. Highway pension order or to enter an order per­ nated as applicable to the proposed Highway 6 t’ fr°m °?naha, over U.S. manently suspending the exemption; transactions. thence over IT ? 5°u nci1 Bluffs> Iowa- It is hereby further ordered, That a All interested persons are referred to Valley t0TOq tv.' Highway 75 to Missouri hearing under the applicable provisions the application on file at the office of 30 to 0Ver U s - Highway of the Securities Act of 1933, as amended, the Commission for a statement of the 30-the^e o?er^Alternate U.S. Highway and the rules of the Commission be held transactions therein proposed, which are 30 to Chicaen- f lternate u -s- Highway at 10 a.m. on June 22, 1959, at the offices summarized as follows: Highway 27f t from ° maha over U.S. of the Securities and Exchange Com­ Pursuant to credit arrangements with * 275 t0 Junction U.S. Highway mission, 425 Second Street NW., Wash- eleven commercial banks named below, 4722 NOT1CES Union proposes to borrow, from time to cordingly,^ authorization is being re­ other than this Commission, has juris­ time, prior to February 14, 1960, an ag­ quested for further proposed additional diction over the proposed transactions. gregate amount of $28,000,000 as borrowings in amounts aggregating ap­ Notice is hereby given that any inter­ follows: ^ proximately $8,200,000, which authoriza­ ested person may not later than June 19, tion is to terminate on February 14,1960 1959, request in writing that a hearing Mercantile Trust Company, St. ) be held in respect of Said application, L ou is______$5,000, 0Q0 or such earlier date on which the com­ First National Bank in St. Louis. 4, 000,000 pany consummates permanent financing stating the nature of his interest, the Tlie Boatmen’s National Bank of described below. The proceeds from the reasons for such request and the issues St. Louis..______1 1» 200,000 borrowings are to be used to finance of fact or law which he desires t

I Wednesday, June 10, 1959 FEDERAL REGISTER 4 7 2 3

CUMULATIVE CODIFICATION GUIDE— JUNE A numerical list of the parts of the Code of Federal Regulations affected by documents published to date during June. Proposed rules, as opposed to final actions, are identified as such.

3 CFR Page 14 CFR— Continued Pas® 32A CFR Page Proclamations: 507__— ...... 4590, 4609, 4650, 4651 OIA (Ch. X) : 2980------—— 4679 609 ------4610 OI Reg. 1------4654 3147______4679 610 ------__ 4694, 4697 3158...... — ...... 4679 33 CFR 3188A__ - ______4679 15 CFR 116------4596 3206______4679 382------4488 203------456I, 4629 3248...... —...... 2_____ 4679 399------l------4488 205...... 456I 3296 ______4607 16 CFR 207------456i 3297 ...... 4679 13------4478, 36 CFR 3298______4679 4479, 4514, 4588, 4589, 4607, 4652 Proposed rules: Executive orders: 303 -- 4480 10824...... ____:______4447 1------4519 18 CFR 39 CFR 5 CFR Proposed rules: 6 ...... 4505, 4545, 4607, 4647 168------4453,4513 1 ------4523 6 CFR 2 ------4523 41 CFR 331...... 4545, 4587 ! — 1------4454 19 CFR 1—12...... ___...... 4454 421______4449,Proposed'rules: 4545 481______4______4647 ! 6 ------4454 31...... 4563 Proposed rules: 7 CFR 21 CFR 202------4597 51-...... 4681 3------4698 42 CFR 58...... — ------4682 304 ------4698 I ------4§i6 301------4505, 4649 Proposed rules: 330------4650 9------4664 43 CFR 118...... —______4507 19------4495 76__---- 4657 [ 125------4682 120 ------f 4518 192------, ------__ 4630 ■128------4507 121------; 4664 Public land orders:K ' 922...... — ------4613 130------:------4518 309_------4488 ■ 938—------4693 587------___ 4524 9!9------4509 25 CFR 1762------4488 !953------—____ 4447, 4614 242----- 4652 1860 ------4597 1992~...... ------4449 Proposed rules: 1861 ------4488 ------4550 171—;------4519 1862 ______e______4488 1003. ------____ 4510 q 172------4519 1863 ------_^__ _ 4488 1015. ------____ 4694 26 (1954) CFR 1864 ------4515 — ------4694 170—------4614 1865 ____ 4516 Proposed rules: 1866 ______4516 '68...... 4597 296------4623 81__„ """■ Proposed rules: 1867 ------4562 4699 1868 ------4659 301__ 4635 1— ------_ 4495 969___ ~ : 4494 29 CFR 45 CFR 977__ 2 " 531------4597 . 1001__ ~ 4633 Proposed rules: 4494 681------]______4496 1017...... " q 4634 47 CFR 9 CFR 32 CFR 3------4491-4494, 4630 173______------4551 II ------__------4659 4514 ------___,------4551 12 ------4516, 4550, 4660 MO CFR 3------_*------^552 13 ------4660 [ftoposed rules * ------4552 14 ------4632 I 20___ ------______------4553 31------____------4660, 4661 4564 ------4553 Proposed rules: 140___ 2------4564 N CFR " ------4553 3------4519 [220 8------_____ 4559 49 CFR [221..]''" ...... 4697 10 ------456O 11 ------456O 187------;------4698 Y rmse'd rules':...... 4698 Proposed rules: I 545.__ | | 12------■------4560 4564 14------_____------456O 129------4635 14 CFR ” 16------4561 50 CFR 30------4561 |24~199...... 105------4663 4650 536__------459i 107 --'...... 4663 ------4609 561------4628 108 ------4663 4590 '635.. ------633------459i 109------L_------4663 ------4650 1453------4595 115------4663