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¿ j \ O N A L 4 ^ > FEDERAL VOLUME 24 NUMBER 74 Ü N l T t O

Washington, Thursday, April 76, 1959

Chapter III— Foreign and Territorial CONTENTS Title 5— ADMINISTRATIVE Compensation Agricultural Marketing Service Page [D ept. Reg. 108.395] PERSONNEL Notices: PART 325— ADDITIONAL COMPEN­ Aliceville Sale Barn et al.; pro­ Chapter I—Civil Service Commission SATION IN FOREIGN AREAS posed posting of stockyards__ 2915 PART 6—EXCEPTIONS FROM THE Proposed rule making: Designation of Differential Posts COMPETITIVE SERVICE Oranges, Valencia; grown in Arizona and designated part Section 325.15 Designation of dif­ of California______2911 Miscellaneous Amendments ferential posts, is amended as follows, Effective upon publication in the F e d ­ effective as of the beginning of the first Agriculture Department eral R egister, § 6.321 and paragraphs pay period following April 4, 1959: See Agricultural Marketing Serv­ (a), (b), (c), (h), (i), (1), (m ), and (n) 1. Paragraph (b) is amended by the ice. of § 6.323 are revoked, and paragraphs deletion of the following: Alien Property Office (e) through (1) are added to § 6.363 L a Paz, Bolivia. Notices: Office of Civil and Defense Vested property; intention to as set out below. 2. Paragraph (a) is amended by the i*etum: addition of the following: (e) One Assistant to the Director. Fromberg, Annemarie______2928 (f) Director of Administration. La Paz, Bolivia. Martino, Manuela, et al_._____ 2928 (g) Director of Special Liaison. (Secs. 102,401, E.O. 10000,13 P R . 5453, 3 CPR, Ruthel, Gerda______2928 (h) Director of Program and Policy. 1948 Supp., E.O. 10623, E.O. 10636, 20 F.R. Civil Aeronautics Board (i) Director of Research. 5297, 7025, 3 CFR, 1955 Su p p .) Notices: (j) The Deputy Assistant Director of For the Acting Secretary of State. Consolidated UMCA suspension the Office of Plans and Operations and and Pan American-UMCA ac­ the Deputy Assistant Director of each W . K. S c o t t , quisition case; hearing______2916 of the following offices under the Office Assistant Secretary. of Plans and Operations: Federal, State, A p r i l 2,1959. Civil and Defense Mobilization and Local Plans; Emergency Community [F.R. Doc. 59-3182; Filed, Apr. 15, 1959; Office Services; ; 8:49 a.m .] Notices: Chemical, Biological, and Radiological Holub, D a v i d Charles; ap­ defense; Communications and W arning; pointee's statement of busi­ it er and Vulnerability Reduction. Title 14— CIVIL AVIATION ness interests______2920 Deputy Assistant Director of Civil Service Commission +?ce °* ^sources and Production Chapter I— Civil Aeronautics B o a rd - Rules and regulations: v, * Deputy Assistant Director of Federal Aviation Agency on of the following offices under the Additional compensation in for­ ^mce of Resources and Production: R e - SUBCHAPTER A— CIVIL AIR REGULATIONS eign areas; designation of dif­ ferential posts; deletion and som-ces Programming; Economic Sta- [S u p p . 7] Transportation; Fuel and addition______2901 TpioÜf’ Pr0(*uction and Materials; and PART 52— REPAIR STATION Exceptions from competitive telecommunications. CERTIFICATES service; Civil and Defense M o­ the Deputy Assistant Director of bilization Office; Federal Civil Miscellaneous Amendments in Gen­ Defense Administration; De­ P u b Ä •f TraininS. Education, and fense Mobilization Office; mis­ Dirpntrvvffflrs and the Deputy Assistant eral Certification Rules and Domes­ cellaneous amendments______2901 ‘ under tho r»fRCl1 of the following offices tic Certificate Requirements Sd píhi?fflce of Trainlng, Education, The amendments to Part 52 of the Commerce Department Sainin?ïC^ ffairs: Publip Affairs See Foreign Commerce Bureau; J ducation; National O r - Civil Air Regulations which follow are designed to correct certain difficulties Maritime Administration; Na­ AcSes CiVic Affairs; W hen’s which have been experienced in field tional Bureau of Standards. operations: Defense Department 5 VS.aSi8^ - 22 403, as amended; Section 52.8-1, having served its pur­ Notices: pose, is rescinded; § 52.9-1 has been Assistant Secretary of Defense U n it e d S t a t e s C i v i l S e r v - Glarified in regard to display of the op­ (Supply and Logistics) and Tseat i wrICE Commission, erations specifications issued as part of Secretary of the Army; dele­ SEAi] W m . c . H u l l , the repair station certificate; § 52.21(a) gation of authority with re­ ipp Executive Assistant. (l)(v ) has been revised to clarify the spect to St. Lawrence Seaway 59-3150; Piled, Apr. 15, 1959; existing item pertaining to contamina- Project and Great Lakes Con-, • °;46 a.m.] (Continued on p. 2903) necting Channel Project____ _ 2912 2901 2902 RULES AND REGULATIONS ¿ s t s CONTENTS— Continued CONTENTS— Continued Federal Aviation Agency Pase International Cooperation Ad- Pase FEDERAUS®ISTER Proposed rule making: ministration , Physical standards for airmen; Notices: medical certificate; extension Executive Secretary; delegation of time for comments______2912 of authority to authenticate Published daily, except Sundays, Mondays, Rules and regulations: docum ents______2919 and days following official Federal holidays, Repair station certificates; gen­ by the Office of the Federal Register, National eral certification rules and'' Interstate Commerce Commis­ Archives and Records Service, General Serv­ sion ices Administration, pursuant to the au­ domestic certificate require­ thority contained in the Federal Register Act, ments; miscellaneous amend­ Notices: approved July 26, 1936 (49 Stat. 500, as m ents.______2901 Fourth section applications for amended; 44 U.S.C., ch. 8B), under regula­ re lie f______2928 tions prescribed by the Administrative Com­ Federal Communications Com­ Motor carrier: mittee of the Federal Register, approved by mission Alternate route deviations. _» 2922 the President. Distribution is made only by Notices: Applications for certificate or the Superintendent of Documents, Govern­ permit covering operations m ent P rinting Office, W ashington 25, D.C. Engineers in charge of certain commencing during “in­ T h e F ederal R egister will be furnished by field offices; delegation of au­ mail to subscribers, free of postage, for $1.50 thority, amended______2916 terim period”______2923 per m on th o r $15.00 per year, payable in Hearings, etc.: Applications for “g r a n d- advance. The charge for individual copies Farmville Broadcasting Co. father” certificate or per­ (minimum 15 cents) varies in proportion to and WYSR, Inc. (WYSR) _ 2917 m its______2924 the size of the issue. Remit check or money Hirschberg, Sanford L., et al. 2917 Transfer proceedings______2927 order, made payable to the Superintendent Study of radio and television of Documents, directly to the Government Justice Department P rin tin g Office, W ashington 25, D.C. network broadcasting______2918 See Alien Property Office. The regulatory material appearing herein Tempe Broadcasting Co. et is keyed to the Code of F ederal R egulations, a l______2917 Land Management Bureau which is published, under 50 titles, pursuant Ox-Wall Manufacturing Co., Notices: to section 11 of the Federal Register Act, as Inc.; cease and desist orders Proposed withdrawal and res­ amended August 5, 1953. T h e Code of F ed­ (3 documents) *______2918 ervation of lands : e r al-R egulations is sold by the Superin­ .Rules and regulations: tendent of Documents. Prices of books and Alaska (2 documents)______2914 pocket supplements vary. Amateur radio service; civil Oregon (2 documents)___ 2912,2913 There are no restrictions on the re­ emergency services______2905 U tah ______2914 publication of material appearing in the •Radio broadcast services; power F ederal R egister, o r th e Code of F ederal limitation on Class IV AM Maritime Administration R egulations. broadcast stations______2904 Notices: Stations on shipboard in mari­ U.S. N o r t h Atlantic/United time services; exemption from Kingdom and Ireland; Trade certain radio-telephone re­ Route No. 5; essentiality and CFR SUPPLEMENTS quirements______2905 flag service re­ (As of January 1, 1959) Federal Power Commission quirements______2916 Notices: Mines Bureau The following supplements are now available: Hearings, etc.: Notices: Crescent Oil and Gas Corp... 2919 Director, Anthracite Experi­ Titles 10-13, Rev. Jan. 1, 1959 Crow Drilling and Producing ment S t a t i o n , Schuylkill Co------!------2919 Havel, Pennsylvania; redele­ ($5.50) Hiawatha Oil and Gas Co.__2919 gation of authority to enter Title 14, Parts 40-399 ($0.55) Holyoke Water Power Co____ 2919 into contracts.______- — 2914 Title 18 ($0.25) Southern California Edison C o__------2919 National Bureau of Standards Title 26, Part 300 to end, Title 27 Rules and regulations: ($0.30) Food and Drug Administration Standard samples; uranium Rules and regulations: isotopic standards; schedule Title 32, Parts 700-799 ($0.70) Bacitracin-neomycin in oil vet­ of fees______2904 Part 1100 to end ($0.35) erinary; packaging and label­ National Park Service Title 39 ($0.70) ing ___------2904 Notices: Title 43 ($1.00) Foreign Commerce Bureau Delegation of authority to Ad­ Title 46, Parts 1-145 ($1.00) Notices: ministrative Assistant to Title 49, Parts 1-70 ($0.25) Krainz & Co. ; order denying ex­ execute and approve certain port privileges for an indefi­ contracts: 2914 Previously announced: Title 3, 1958 Supp. nite period______2915 Big Bend National Park------Mesa Verde National Park— 2914 ($0.35); Title 8 ($0.35); Title 9, Rev. Jan. General Services Administration 1, 1959 ($4.75); Titles 22-23 ($0.35); Public Health Service Title 24, Rev. Jan. 1, 1959 ($4.25); Title Notices: 25 ($0.35); Title 26, Parts 1-79 ($0.20); Buy American Act; application Rules and regulations: Parts 8 0-169 ($0.20); Parts 170-182 to qertain purchases of crude Grants for survey, planning and ($0.20); Title 32A ($0.40); Titles 3 5 -3 7 petroleum and petroleum construction of hospitals and ($1.25); Title 38 ($0.55); Titles 40-42 products______2920 medical facilities; fire brick lining for incinerators------($0.35); Title 46, Parts 146-149, 1958 Health, Education, and Welfare Supp. 2 ($1.50); Part 150 to end ($0.50); Securities and Exchange Com­ Title 47, Part 30 to end ($0.30); Title Department 4 9 , Parts 7 1 -9 0 ($0.70); Parts 91-164 See Pood and Drug Administra­ mission ($0.40) tion; Public Health Service. Notices: Hearings, etc. : 2921 Order from Superintendent of Docu­ Interior Department Empire Oil Corp— ------ments, Government Printing Office, 2920 See Land Management Bureau; Jacobs, F. L., Co------— 2922 Washington 25, D.C. National Fuel Gas Co. et al— Mines Bureau; National Park 2920 Service. Western Factors, Inc------Thursday, April 16, 1959 FEDERAL REGISTER 2903

CONTENTS— Continued such equipment and m aterials; § 52.32-1 operations specifications (Form ACA- (b) (4) has been amended by substituting 390.1) will also contain the specification Small Business Administration Page the word “Functional” for the word to be used by the repair station in per­ “Bench” in the item pertaining to the forming the specialized services for Notices: checking of powerplant accessories and which it is rated. This specification may •minois; declaration of disaster to denote that the applicant need not be a civil or specification cur­ area------2922 have equipment and materials on his rently used by the industry and which is State Department premises for this function provided he acceptable to the Administrator or a Rules and regulations : contracts such work to an outside agency specification developed by the applicant Pacific halibut fisheries------2906 having such equipment and materials, and approved by the Administrator. and § 52.33-1 (b ) (4) has been amended § 52.30—1 [Amendment] CODIFICATION GUIDE by the deletion of reference to “draft-, free area” in the item pertaining to the 7. Delete the parenthetical phrase A numerical list of the parts of the Code testing of propellers for horizontal and “(See Appendix A for equipment check of Federal Regulations affected by docum ents vertical balance. list) ” which follows the last sentence of published in this issue. Proposed rules, as Since these amendments either con­ § 52.30-1. opposed to final actions, are identified as such. stitute interpretative rules or involve § 52.31—1 [Amendment] A Cumulative Codification Guide covering matters of minor importance, compliance 8. Amend § 52.31-1 (b ) (8) to read as the current month appears at the end of each with the notice, public participation and issue beginning with the second issue of the effective date provisions of section 4 of follows: month. the Administrative Procedure Act is un­ (8) Assembly operations: Page necessary. Assembly of airframe component parts such 5 CFR In consideration of the foregoing, I 6_...... ______2901 as landing gear, wings, controls, etc. hereby amend Part 52 of the Civil Air Rigging and alignment of airframe compo­ 325...... ______2901 Regulations (14 CFR Ch. I), effective nents, including the complete aircraft and 7 CFR upon the date of publication in the F e d ­ control system. e r a l R e g is t e r as follows: Installation of powerplants. Proposed rules: Installation of instruments and accessories. 922...... _ 2911 § 52.8—1 [Rescission] Assembly and fitting of cowling, fairings, etc. 14 CFR 1. Rescind § 52.8-1 Exchange of cer­ Repair and assembly of plastic components such as windshields, windows, etc. 52___ tificates ( F A A policies which apply to 2901 Jack or hoist complete aircraft. Proposed rules: § 52.8). ; Conduct aircraft weight and balance opera­ 29...... 2912 2. Amend § 52.9-1 to read as follows: tions (this function will be conducted in § 52.9—1 Display o f certificates (F F A d ra ft free area) .* 15 CFR Balance control surfaces. 230. _ ...... 2904 interpretations which apply to § 52.9). § 52.32—1 [Amendment] 21 CFR The repair station certificate, and the 146e______2904 9. Amend § 52.32-1 (b ) (4) to read as repair station operations specifications follow s: 42 CFR which are a part of such certificate, must (4) Perform assembly operations: 53______2911 be displayed in a location normally ac­ cessible to the general public, and must Valve and ignition timing operations. 47 CFR not be obscured. Fabricate and test ignition harnesses. 3...... Fabricate and test rigid and flexible fluid 8...... § 52.21—2 [Amendment] lines. 12____ 3. Amend § 52.21-2(a) (1) (v) to read Prepare engines for long- or short-term stor­ age. as follows: 50 CFR Functional check powerplant accessories 301___ (v) Paint spraying, cleaning or ma­ (this check is not to be confused with the chining operations are conducted so close more complex performance test of over­ to testing operations that the precision h a u l) .* tion of precision test equipment by paint Hoist eniglnes by mechanical means. of test equipment may be affected. Install engines in aircraft.* 1 spraying, cleaning or machining opera­ § 52.21—3 [Amendment] Align and adjust engine controls.* 1 tions; § 52.21-3 (f) has been amended tc eliminate the requirement that hoi 4. Revise § 52.21-3 (f) to read as fo l­ § 52.33—1 [Amendment] lockers be provided at all repair stations lows: . . 10. Amend § 52.33-1 (b ) (4) to read as and to permit the use of other storage (f ) Radio repair stations. In addi­follows: facilities which will serve to prevent de­ tion to the requirements of §§ 52.21-1 (4) Balance propellers: coration from dampness or moisture; and 52.21-2, radio repair stations must J g j^ - U a ) (5) has been revised to delete provide storage facilities which will as­ Test fo r proper track on aircraft. eierence to “Designated Aircraft Main- sure the protection of parts, components, Test for horizontal and vertical unbalance I™ ® ® Inspector” and to change “A&E’! and complete units susceptible to de­ (this test will be accomplished with the § 52.27-1 (c) (9) has beer terioration from dampness or moisture. use of precision equipment). |~:e,n“ed to provide for the issuance of a (Sec. 3 1 3 (a), 72 Stat. 752; 49 TJ.S.C. 1354(a). inni/i repa*r station rating which wil] § 52.24-1 [Amendment] Interpret or apply secs. 101, 601, 602, 605, 607, dP?de^ uthorization for the use of non- 5. Amend § 52.24-1 (a ) (5) to read as 610; 72 Stat. 737, 775, 776, 778, 779, 780; 49 S VL irKpection’ testing and proc- follow s: U.S.C. 1301, 1421, 1422, 1425, 1427) i 52;27" 1 tias been amended tc (5) Type and serial number of FAA m 6 lis^ing on Operations Speci- Issued in Washington, D.C., on April certificates held (e.g., A&P 12175). usph ^9rm ACA-390.1 of specificationi 9, 1959. servioS * perI ° rniance of. specialized § 52.27—1 [Amendment] E. R. Q u e sad a , rat2h§ rKepair station iJ 6. Revise § 52.27-1 (c) (9) to read as Administrator. deWJL* *°“**a^ bas been amended tc follow s: ment chfeivn?e A PPen

Notice and public procedure are not (Sec. 9, 31 Stat. 1450, as amended; 15 U.S.C. Title 21— FOOD AND. DRUGS necessary prerequisites to the promulga­ 277. Interprets or applies sec. 7, 70 Stat. 959; 15 U.S.C. 275a) Chapter I— Food and Drug Adminis­ tion of this order, and I so find, since it was drawn in collaboration with inter­ •R. D . H u n t o o n , tration, Department of Health, Edu­ ested members of the affected industry Deputy Director, cation, and Welfare and since it would be against public in­ National Bureau of Standards. terest to delay providing for the amend­ Approved: SUBCHAPTER C— DRUGS ments set forth in this order. PART 146e— CERTIFICATION OF Effective date. This order shall be­ L e w i s S t r a u s s , i come effective upon publication in the Secretary of Commerce. BACITRACIN AND BACITRACIN- F e d e r a l R e g is t e r since both the public CONTAINING DRUGS and the affected industry will benefit by [F.R. Doc. 59-3152; • Filed, Apr. 15, 1959; 8:46 a.m.J the earliest effective date, and I so find. Bacitracin-Neomycin in Oil (Sec. 701, 52 Stat. 1055, as amended; 21 U.S.C. Veterinary 371. In terpret or apply sec. 507, 59 Stat. 463, as amended; 21 U.S.C. 357) Title 47— TELECOMMUNICATION Under the authority vested in the Sec­ retary of Health, Education, and Wel­ Dated A pril 10, 1959. Chapter I— Federal Communications fare by the Federal Food, Drug, and [ s e a l ] J o h n L . H a r v e y , Commission Cosmetic Act (sec. 507, 59 Stat. 463, as Deputy Commissioner amended; sec. 701, 52 Stat. 1055, as of Food and Drugs. [FCC 59-317] amended; 21 U.S.C. 357, 371) and dele­ [F.R. Doc. 59-3114; Filed, Apr. 15, 1959; pa rt 3— RADIO BROADCAST gated to the Commissioner of Food and 8:45 a.m .] Drugs by the Secretary (23 F.R. 9500), SERVICES the regulations for certification of bacitracin and bacitracin-containing Power Limitation on Class IV AM drugs (23 F.R. 3595) are amended as Title 15— COMMERCE AND Broadcast Stations follows: Section 146e.429 Bacitracin-neomycin FOREIGN TRADE A t a session of the Federal Communi­ in oil veterinary is amended in* the fol­ Chapter II— National Bureau of Stand­ cations Commission held at its offices in lowing respects; W ashington, D.C., on the 8th day of ards, Department of Commerce A pril 1959; 1. Paragraph (b) is changed to read The Commission having under con­ as follows: PART 230 — STANDARD SAMPLES AND REFERENCE STANDARDS IS­ sideration the note appended to § 3.21(c) (b ) Packaging. It shall be packaged of its rules which is a statement of in collapsible tubes that are -closed SUED BY THE NATIONAL BUREAU policy that no final action will be taken containers as defined by the U.S.P. or in OF STANDARDS b y the Commission on any application glass containers that are tight contain­ proposing the use of daytime power in ers as defined by the U.S.P. The compo­ Subpart B— Standard Samples and excess of 250 watts by a Class IV station sition of the immediate container and Reference Standards With Schedule on a local channel, until appropriate closure shall be such as will not cause of Weights and Fees coordination of the rules providing for any change in the strength, quality, or the use of such power has been effected D e s c r i p t i v e L i s t ; U r a n i u m I s o t o p i c purity of the contents beyond any limit with other North American countries; S t a n d a r d s therefor in applicable standards, except and the note appended to § 3.28(b) of that minor changes so caused that are In accordance with the provisions of its rules which provides that pending normal and unavoidable in good packag­ section 4 (a) and (c) of the Administra­ action with respect to ratification and ing, storage, and distibution practice tive Procedure Act, it has been found entry into force of the North American shall be disregarded. that notice and hearing on these sched­ Regional Broadcast Agreement and the ules of fees are unnecessary for the rea­ U.S./Mexican Agreement, no assignment 2. In paragraph (c) Labeling, sub- son that such procedures, because of the for a standard broadcast station will be paragraph (1) is amended by adding nature of these rules, serve no useful pur­ made which would be inconsistent with thereto the following subdivision (vi) : pose. This amendment is effective from the terms of these agreements; and (vi) If it is packaged in a container of M arch 30, 1959. It appearing that the U.S./Mexican glass, the statements” “For intramam­ 1. Section 230.11 (y ) Uranium isotopicAgreement would permit daytime opera­ standards is amended to read as follows: mary infusions of cattle only” and tion of Class IV stations with a m axi­ mum power of 1 kilowatt in all areas of “Shake well.” (y ) Uranium isotopic standards. the United States more than 100 kilo­ meters (62 miles) from the Unitea Isotopic abundances, weight percent Standard No. Price States/Mexican border; and It further appearing that the govern­ U2M U U2« Xjm «9 ments of Canada, the Dominican Re* public and the , ai uni« r______.. _ . $20.50 0.0023 0.483 0.0046 99.51 parties to the North American Regional m m „ _____ 20.50 .0054 .991 .0067 98.99 unis ______r ...... 20.50 .009 1.51 .016 98.47 Broadcasting Agreement, have agreed to unsn ______■ ...... 21.00 .012 2.01 .016 97.96 the daytime operation of Class IV sta­ rnan ,. , ...... 21.00 .018 3.01 .020 96.95 TTflfiO ...... _ ...... __ __ 21.00 .028 4.95 .048 94.98 tions with a maximum power of 1 ku * U 200______23.50 .125 19.80 .209 79.86 watt in all areas of the United States, m sn ' ...... 26.50 .249 34.89 .170 64.69 TT7K0 ...... ______33.50 .593 75.12 .252 24.03 and TTsnn ...... 34.00 .660 80.07 .246 19.02 It further appearing that it has Been l :«.■>() ...... 35.00 .64 84.89 .37 14.00 concluded, in consultation with tne Troon : 36.00 .77 90.10 .33 8.80 U930 ______...... 37.50 1.08 93.27 .205 5.44 Government of Cuba, that the day operation of Class IV stations with a Two additional standards, U100 and U150 having nominal compositions of 10 percent and 15 percent, respectively, maximum power of 1 kilowatt tn . will be available within two months. . , . . . . , , , areas of the United States except tnat These standards are available to SS stations, A E C licensees, and foreign governments which have entered Into an Agreement for Cooperation with the United States Government concerning the Civil Uses of AtomicvEnergy.. The part of the State of Florida south of ^ request for uranium isotopic standards must be made on special purchase request forms (FormNBS-285) obtainable degrees north latitude and between, free of charge from the Department of Commerce, National Bureau of Standards, Chemistry Division, w ashmgton and 82 degrees west longitude, will " Domestic orders should beaddressed directly to the National Bureau of Standards. Foreign orders should be sent involve interference to Cuban s ^ ^ , in triplicate to the Division of International Affairs, U.S. Atomic Energy Commission, Washmgton 25, D.C. Stand­ beyond the potential which exists und ards will be shipped post paid from the National Bureau of Standards. . . Remittances in payment of foreign orders must be made payable to the National Bureau of Standards and are the terms of the NARBA, to which Cuoa requested in advance. These remittances must be drawn on a bank in the United States and payable at the standard is a party; and rate of United States currency. Thursday, A pril IS, 1959 FEDERAL REGISTER 2905

It further appearing that the change [F C C 59-3211 which are of less than 50 gross tons and are navigated not more than 1,000 feet in the notes appended to §§ 3.21(c) and PART 8— STATIONS ON SHIPBOARD 3.28(b) of the Commission’s rules con­ from the nearest land at mean low tide cerning the power limitation for Class IN THE MARITIME SERVICES in the coastal waters and tidewaters of IV standard broadcast stations on local the Gulf of in the area between channels, as set forth below, has as its Order Regarding Ship Exemptions the Rio Grande River and Cape Sable, purpose the announcement of a change In the matter of exemption from the East Cape, Florida, are exempt from the in policy with respect to the prospective radiotelephone requirements of Title provisions of Title HI, Part III of the processing of applications for such facil­ m , Part III of the Communications Act Communications Act of 1934, as ities; and that therefore the public of 1934, as amended, for-all United amended. notice and procedure, and effective date States vessels subject thereto which are It is further ordered, T h at this exemp­ notification, otherwise required by sec­ of less than 50 gross tons, when navi­ tion in its entirety or as to any one or tions 4 (a) and (c) of the Administra­ gated not more than 1,000 feet from land more individual vessels, may be termi­ tive Procedure Act are not necessary; at mean low tide in the coastal waters nated by the Commission at any time and and tidewaters of the Gulf of Mexico without hearing if, in the Commission’s It further appearing that the amend­ between the Rio Grande River and East discretion, the need for such action ments adopted herein are issued pur­ Cape, Florida. arises. suant to authority contained in sections At a session of the Federal Communi­ Released: April 13, 1959. 4(i), 5(d)(1) and 303 (c ), (f), and (r ) cations Commission held at its offices in of the Communications Act of 1934, as Washington, D.C., on the 8th day of F e d e r a l C ommunications amended; A pril 1959 ; C o m m i s s i o n , It is ordered, That effective April 16, The Commission having under con­ [ s e a l ] M a r y J a n e M o r r is , Secretary. 1959, the notes appended to §§ 3.21(c) sideration the above-captioned matter; and 3.28(b) of the rules are amended as and [F.R. Doc. 59-3188: Filed, Apr. 15, 1959; set forth below. It appearing that section 383 of the 8:50 a.m .] Communications Act. of 1934, as (Sec. 4, 48 Stat. 1066, as am ended; 47 U.S.C. amended, provides that “the Commis­ 154. Interpret or apply sec. 303, 48 Stat. 1082, as amended; sec. 5, 66 Stat. 713;* 47 sion shall exempt from the provisions [D ocket No. 12607; F C C 59-324] Ü.S.C. 303, 155) $ of this part any vessel, or class of vessels, in the case of which the route or condi­ Released: April 13, 1959. PART 12— AMATEUR RADIO tions of the voyage, or other conditions SERVICE F ederal C ommunications or circumstances, are such as to render C o m m i s s i o n , a radio installatiçn unreasonable, un­ Civil Emergency Services [ seal] M a r y J a n e M o r r is , necessary, or ineffective, for the purpose In the matter of amendment of Secretary: of this Act.”; and It further appearing that by Report §§ 12.64, 12.111, and 12.231(a) of the 1. Amend the text of the note follow­and Order of May 8, 1957, the Commis­ Commission’s rules so as to permit re­ ing § 3.21(c) to read as follows: sion reviewed the most basic factors mote control of stations in the Amateur Note: The power ceiling for Class IV sta­ affecting the safety need of radio on a and Radio Amateur Civil Emergency tions under the North American Regional vessel and established a formula to be Services when operating in the 220-225 Broadcasting Agreement (N A R B A ) is 250 used in considering applications for M e band and to permit use of 6F2 emis­ watts. The Agreement between the United exemption from Title m , Part III of sion by stations in these services when States of America and the United Mexican the Communications Act, as follows: operating between 50.35 and 50.75 Me. States Concerning Radio Broadcasting in the 1. The Commission adopted a Notice Standard Broadcast Band would permit day­ An exemption may be granted, other ele­ of Proposed Rule Making in the above- time operation of Class IV stations w ith a ments permitting, when it can be deter­ maximum power of 1 kilowatt in all areas mined that (a) the vessel is of less than 50 captioned proceeding on September 17, of the United States more than 100 kilo­ gross tons and is navigated not more than 1958. Ample opportunity was afforded meters (62 miles) from the United States/ 1,000 feet from nearest land, or (b) the interested persons to subrpit comments Mexican border. Pursuant to the U.S./M exi- water is so shallow and other circumstances either in support of or in opposition to can Agreement and inform al coordination are such that in event of distress passengers the rule amendments proposed. The with the other NARBA signatories, the Com­ could safely reach shore without outside time for filing of both original and reply mission will consider applications proposing assistance, or (c) there are no coast or ship comments in regard to the proposed rule “ie use of daytime power in excess of 250 stations from which assistance could .be re­ changes has now expired. a ts by a Class IV station providing such quested by means of the required radio stauon is located more than 100 kilometers installation either in the 2-3 Me band or 2. Hie Notice of Proposed Rule Mak­ iw miles) from the U.S./Mexican border, in the 156-162 M e hand. ing proposed amendment of §§ 12.64(b), i n o t w ated in the state of Florida, p rovid- 12.111(h), and 12.231(a) (2) of the Com­ bo® such station is not located south of It further appearing that upon con­ mission’s rules so as to allow: (a) the and 0f ! es nor^b latitude and between 80 sideration of special circumstances in. conduct of remote control operations on ana 82 degrees west longitude. the above-defined area, including av­ frequencies in the 220-225 M e b a n d ; and erage tidal fluctuations and configura­ the text of the first p ara- (b) use of type 6F2 emission by amateur tion of the terrain, criterion (a) of the °f note following § 3.28(b) to stations operating on frequencies be­ read as follows: established exemption formula, as ap­ tween 50.0 and 52.5 Me. plied to this area, should be modified to 3. A total of 36 original comments and ratifk-flh „Pendine a°tion with respect to stipulate that the permissible distance no reply comments were filed in this AmeriM1« » an,d entry into force of the North from land should be considered during proceeding. Of the total number of WashhSon gS ?r°fadcasting Agreement, mean low tide; and comments filed 30 advocated adoption of Na r ba ^ [referre(l to herein as It further appearing that with such the proposed rule changes. A substan­ United the Agreement between the modification it would be desirable, as a MeSSn a S ^America and the United tial portion of the comments advocating public convenience in rendering it un­ casting i/thi^t C°ncerninS Radio Broad- adoption of the proposed amendments ferred^to w u i tandard Broadcast Band (re- necessary for operators of vessels navi­ were filed by civil defense organizations. ment) nn eom ^ the U.S./Mexican Agree- gated in the area, which meet this Typical of such comment is that filed broadcastbros/w„* -x-.. slgn® ™ en ent t for a stastandard criterion, to file formal individual ex­ by the Office of Civil and Defense be inconsistent11 1)6 made w hich w oul emption applications, and for adminis­ Mobilization which states in part: trative purposes, to include such vessels agreemeS, eicenTior tîî1® termS of thes Many emergency locations for non-military mitted for riBc!PrrÎnrS® l the powerP °wer ceUin&ceiling pe]per in a general exemption; defense communications center operations nels> PnrsuanUo U .2? ( c ^ S ° n l0cal char It is ordered, That, pursuant to section in areas where terrain conditions are such 383 of the Communications Act of 1934, that radio remote control of base stations is Doc. 59-3187; Piled, Apr. 15, 195! as amended, all United States vessels a prerequisite to the expeditious handling of 8:50 a.m.] subject to Title III, Part n i of said Act large -volume of emergency civil defense 2906 RULES AND REGULATIONS

transmissions. In mountainous or inaccessi­ ment which would allow remote control Part 12, of the Commission’s rules, ble areas, while line control may be pro­ operation in the 220 Me band.) The ob­ Am ateur Radio Service, is amended in hibitively expensive or unattainable. In jections of Chester L. Smith to adoption the following particulars: other areas, wire service may be vulnerable to blast damage and sabotage in radio of the proposed amendments were stated 1. Section 12.64(b) (6) is amended to linkage. as follows: “The proposed use of 50.35 read as follows: to 50.75 M e for 6F2 emission is unwar­ We wish to encourage the use of radio (6) In the event that operation of an teletype in RACES operations to the greatest ranted for CD purposes since available amateur transmitter from a remote con­ extent possible because of the result in speed frequencies are adequate. The Radio trol point by radio is desired, an applica­ and accuracy, which could be affected in Amateur Civil Emergency Services are tion fo r a modified station license on FCC handling a large volume of emergency civil an unnecessary and expensive duplica­ defense transmissions with this type of Form No^ 610 or FCC Form No. 602, as tion of the Amateur Radio Emergency equipment. The proposed amendment to au­ appropriate, should be submitted with * * * Since all the services now thorize 6P2 emission when operating in fre­ a letter requesting authority to operate ‘provided’ by RACES can be-provided by quencies between 50.35 and 50.75 Me, in in such a manner stating that the con­ addition to the presently authorized 53.35 AREC without cost to the United States trolling transmitter at the remote loca­ to 53.75 Me band, if adopted, Would permit and other governmental agencies, any tion will operate within amateur fre­ duplex simultaneous transmission and re­ continuance of expansion of RACES is quency bands 220 megacycles or higher ception. This type of operation would greatly unjustified.” The objections to adop­ enhance the speed in efficiency of emergency and that there will be full compliance tion to the proposed rule amendment communications. with subparagraphs (1) through (5) of Inasmuch as both proposals, if adopted, contained in the comments of Charles F. this paragraph. Supplemental state­ would result in the improvement of the Smith, Jr., were stated as follows: “Be­ ments and diagrams should accompany Radio Amateur Civil , the cause I honestly believe that such na­ the application and show how radio re­ Office of Civil and Defense Mobilization tionally vital things as the type of mote control will be accomplished and wholeheartedly supports the concepts em­ operation as RACES embraces should be braced by the rule making. what means will be employed to prevent on much much higher and less open unauthorized operation of the transmit­ Typical of the comments filed by frequencies, such as 12000 Me, I am op­ ter by signals other than those from the parties, other than civil defense agencies, posed to RACES being allowed in the controlling unit. There should be in­ which advocated adoption of the pro­ segment 50.35 to 50.75 M e.” cluded complete data on control chan­ posed rules is that of the American 5. Section 12.64(b) (6) provides that nels, relays and functions of each, direc­ Radio Relay League! Inc. This comment applications seeking authorization for tional antenna design for the transmitter states in part: operation of an amateur transmitter and receiver in the control circuit, and from a “remote control point” be ac­ As concerns the proposal to permit narrow- means employed for turning on and off band frequency modulation for telegraphy in companied by supplemental statements the main transmitter |rom the remote the amateur band in the 50-54 Me, the and diagrams which “show how radio control location. League sees no objection. Inasmuch as A2 remote control will be accomplished and emission, which may occupy substantially what mea,ns will be employed to prevent 2. Section 12.111(h) is amended to the same bandwidth, is already permitted in unauthorized operation of the trans­ read as follows: the band, and F2 emission is already per­ mitter by signals other than those from (h ) 50.0 to 54.0 Me using types Al,

mitted in the 52.5—54 Me with other forms of the controlling unit.” In view of this A2, A3, and A4 emissions and narrow frequency modulation, it would appear that no greater interference problems would presently applicable rule provision and band frequency or phase modulation for occur if the proposal is adopted. the fact that flexibility in the “remote radiotelephony or radiotelegraphy 51.0 As concerns the proposal to permit radio control” operations of Radio Amateur to 54.0 M e using type A0 emission, and remote control in the 220-225 Me band, the Civil Emergency Service stations will be on frequencies 52.5 to 54.0 Me special League has no objection in principle. How­ increased by permitting such operation emission for frequency modulation (ra­ ever because of the nature of radio remote in all of the 220-225 M e band, the recom­ diotelephone transmissions and radiotel­ control operations, it may be difficult for mendation of the American Radio Relay egraph transmissions employing carrier users of these systems to insure that inter­ League, Inc., that “remote privileges shift or other frequency modulation ference with other comunications already in progress will not occur, or that no interfer­ * * * be extended only in the upper half techniques). of the band” is not being adopted. ence to the remote system will develop. 3. Section 12.231(a) (2) is amended to Therefore, to minimize potential mutual in­ 6. The Commission, after carefully read as follows: terference between normal amateur opera­ considering all properly filed comments, tions and their remote operations, the League is persuaded that adoption of the pro­ (2) For use by all authorized stations: recommends that remote privileges should be posed rule amendments will enhance the Authorised extended only in the upper half of the band; effectiveness of the Radio Amateur Civil emission that is, 222.5-225.0 M e. Frequency band: Emergency Service and will not adversely 28.55-28.75 M c______0.1A1, 6A3, 6A4, 6F3. 4. Comments opposing adoption of theaffect Amateur Radio Service licensees 29.45-29.65 M e______0.1A1,1.1F1, 6A3, 6A4, proposed rule changes were filed by the to- any substantial extent. Accordingly, 40F3. 0.1A1, 6A2, 6A3, 6A4, Wilkinsburg Emergency Net, Victor R. the Commission finds that the public in­ 50.35- 50.75 M e------6F2, 6F3. Prank,^Chester L. Smith, Charles F. terest will be served by adoption of the 53.35- 53.75 M e...... 0.1A1, 1.1F1, 6A2, 6F2, Smith, R. C. Sutton, and the Pittsburgh rule "amendments proposed by the No­ 6A3, 6A4, 40F3. Six Meter Net. tice of Proposed Rule Making issued in 145.17-145.71 M e------0.1A1, 1.1F1, 6A2, 6F2, The comments of the Wilkinsburg this proceeding. 6A3, 6A4, 40F3. Emergency Net and of. the Pittsburgh 7. The amendments ordered herein are 146.79-147.33 M e____ 0.1A1, 1.1F1, 6A2, 6F2, Six Meter Net each stated as the basis promulgated pursuant to authority con­ 6A3, 6A4, 40F3. 220-225 M e...... 0.1A1, 1.1F1, 6A2, 6F2, for their opposition: “We feel that this tained in sections 4 (i) and 303 of the 6A3, 6A4, 40F3. [proposed action which would permit Communications A ct of 1934, as use of 6F2 emission in the 50.0 to 52.5 amended. [F.R. Doc. 59-3190; Filed, Apr. 15, 1959; Me range! is contrary to the efforts to 8. Accordingly, it is ordered, T hat e f­ 8:50 a.m.] promote greater use of the six-meter fective M ay 20,1959, P art 12 of the Com­ band [50.0-54.0 M cl inasmuch as F2 mission’s rules is amended as set forth emission is now permitted in the segment below. Title 50— WILDLIFE 52.5 to 54.0 Me.” The opposition of Vic­ (Sec. 4, 48 Stat. 1066, as am ended; 47 U.S.C. tor R. Frank to the proposed amend­ 154. Interprets or applies sec. 303, 48 Stat. Chapter HI— International Regulatory ments was stated as follows: “I believe 1082, as amended; 47 U.S.C. 303) Agencies (Fishing and Whaling) tone-type frequency-shift-key radio teletype (AFSK) is obsolete, a step back­ Adopted: April 8, 1959. PART 301— PACIFIC HALIBUT wards in the advancement of the art of Released: April 13, 1959. FISHERIES radio communications.” (This party, while opposing adoption of the rule F e d e r a l C ommunications Regulations of the International Pa­ amendment which would allow type 6F2 C o m m i s s i o n . cific Halibut Commission adopted pur­ emission in the 50.0 to 52.5 Me band, [ s e a l ] M a r y J a n e M o r r is , suant to the Pacific Halibut Fishery Co favors adoption of the proposed amend­ - Secretary. vention between the United States Thursday, April 16, 1959 FEDERAL REGISTER 2907

America and Canada, signed March 2, (2d Edition) by the United States Coast itude 50°54'10" N., longitude 127°15'24" W .; thence along the mainland shore to 1953. and Geodetic Survey, Washington, D.C. (f) Area 3B (West of Shumagin Is­ the point of origin at Bush Point. The Sec. points on Bush Point and Mclnnis Is­ 301.1 Regulatory areas. lands including Bering Sea) shall include 301.2 Length of halibut fishing seasons. all the convention waters off the coast land shall be determined from Chart 328, 301.3 Closed seasons. of Alaska which are not included in A rea as published July 1930 by the Canadian 301.4 Catch limits in Areas 3 and 3A. 3A» or in Area 2 or in the nursery area Hydrographic Service, Department of 301.5 Size limits. described in paragraph (b) in § 301.11. Marine, Ottawa; the points on Cape 301.6 Licensing of vessels. Scott, Dillon Point and Tomlinson Point 301.7 Retention Of halibut taken under § 301.2 Length of halibut fishing shall be determined from Charts 3593, permit. seasons. 3572 and 3574 respectively as published 301.8 Conditions lim iting validity of (a ) In Area 1A, the halibut fishing M ay 1955, June 1956 and M arch 1956 permits. 301.9 Statistical return by vessels. season shall commence at 6:00 a.m. of respectively, by the Canadian Hydro- 301.10 Statistical return by dealers, the 1st day of May and terminate at graphic Service, Surveys and Mapping 301.11 Closed nursery grounds. 6:00 a.m. of the 16th day of October, or Branch, Department of Mines and Tech­ 301.12 Dory gear prohibited. at the time of termination of the Hali­ nical Surveys, Ottawa, provided that the 301.13 Nets prohibited. but fishing season in Area 3A, whichever duly authorized officers of Canada may 301.14 Retention of tagged halibut. is later. at any time place a plainly visible mark 301.15 Responsibility of master. (b) In Area IB, the halibut fishing or marks at any point or points as nearly 301.16 Supervision of unloading and as practicable on the boundary line de­ weighing. seasons shall commence and terminate 301.17 Previous regulations superseded. at the same times as the halibut fishing fined herein, and such marks shall there­ seasons in Area 2 shall commence and after be considered as correctly defining Authority: §§ 301.1 to 301.17 issued un der said boundary. Art. m , 50 Stat., P art H , 1353. terminate. (c) In Area 2, except as provided in (f) The boundaries of the inside chan­ § 301.1 Regulatory areas. paragraph (d) of this section, there nels area of the Alexander Archipelago (a) Convention waters which include shall be twq halibut fishing seasons: of southeastern Alaska, named in para­ the territorial waters and the high seas The first season commencing at 6:00 graph i(d) of this section, are: From off the western coasts of Canada and the a.m. on the 1st day of May and terminat­ Cape Spencer on the mainland, approxi­ United States Of America including the ing at 6:00 a.m. on a date to be deter­ mately latitude 58°12'36" N., longitude southern as well as the western coasts mined and announced under paragraph 136°39'48" W., to Column Point on Chi­ of Alaska shall be divided into the fol­ (b) of § 301.4; the second season com­ chagof Island, approximately latitude lowing areas, all directions given being mencing at 6:00 a.m. on the 22d day of 58°07'20" N., longitude 136°26'30" W .? magnetic unless otherwise stated. August and terminating at 6:00 a.m. on thence along the western shore of Chi­ (b) Area 1A (South of Heceta H ead) the 29th day of August. chagof Island to Struya Point, approxi­ shall include all convention waters (d) During the second halibut fishing mately latitude 57°22'54" N., longitude southeast of a line running northeast season in Area 2, provided in paragraph 135°39'50" W.; thence to Range Point and southwest through Heceta Head (c) of this section, the Cape Scott-Goose on Baranof Island, approximately lati­ Light, as shown on Chart 5802, published Islands area as described in paragraph tude 57°22'26" N., longitude 135°39'35" in July 1947, by the United States Coast (e) of this section and the inside chan­ W .; thence along the western shore of and Geodetic Survey, Washington, D.C., nels area of the Alexander Archipelago Baranof Island to Cape Ommaney, ap­ which light is approximately latitude of southeastern Alaska as described in proximately latitude 56°09'50" N., longi­ 44°08'18" N., longitude 124°07'36" W . paragraph (f) of this section shall be tude 134° 40'15" W .; thence to Cape De­ (c) Area IB (Heceta Head to W illapa closed to halibut fishing and no person cision on Kuiu Island, approximately Bay) shall include all convention waters shall fish for halibut in said closed areas latitude 56°00'07" N„ longitude 134° between Area 1A and a line running or shall have halibut in his possession 08'03 W .; thence to C ape Pole on K os­ northeast and southwest through W il­ while fishing for other species therein ciusko Island, approximately latitude lapa Bay Light on Cape Shoalwater, as or shall have halibut of any origin in 55°57'25" N., longitude 133°48'48" W.; shown on Chart 6185, published in July his possession therein excepting in the thence along the southern shore of Kos­ 1939, by the United States Coast and course of a continuous transit across ciusko Island to a point latitude 56° Geodetic Survey, which light is approxi­ said closed areas. Ol'OO" N., longitude 133°17'25" W.; mately latitude 46°43'17" N., longitude (e) The boundaries of the Cape Scott- thence to a point on Prince of Wales 124°04'15" W Goose Islands area, named in paragraph Island, approximately latitude 56°01'00" (d) Area 2 (W illapa Bay to Ci (d ) of this section, stated in terms of the N., longitude 133°15'15" W.; thence bpencer) shall include all convent magnetic compass, are: Prom Bush along the western shore of Prince of waters off the coasts of the United Sta Point on Don Peninsula, approximately Wales Island to Cape Chacon, approxi­ America and of Alaska and of Cans latitude 52°15'38" N., longitude 128° mately latitude 54°41'35" N„ longitude 132°01'00" W.; thence to Barren Island, K!Wee? Area 1B and a line runn 18'54" W., to Mclnnis Island Light on wirough the most westerly point of G Mclnnis Island, approximately latitude approximately latitude 54°44'40" N., r Bay, Alaska, to Cape Spencer Li 52°15'48" N„ longitude 128°43'22" W .; longitude 131°20'57" W .; thence to Tree thence southwest by south one-quarter Point on the mainland, approximately tLI i ^ on Chart 8304> Published latitude 54°48'12" N., longitude 130° anrfV94?’ ^ the United States Cc south approximately ninety-five miles to a point approximately latitude 55'58" W.; thence along the mainland DmvSf0?^ 10 Survey- which light is ; 51°24'00" N., longitude 130°48'00" W.; shore to the point of origin at Cape Spen­ 58011' 57" N., lor thence approximately eighty-one and cer. The described points shall be deter­ auartir6 3? 18 ’ w ,; thence south o one-half miles southeast by east one- mined from the following charts pub­ is pvroLeaSt “ * • excePt in the year 1 lished by the United States Coast and excpnt^17 ^ e. nursery areas clos quarter east to a point approximately latitude. 50° 17'10" N., longitude 129° Geodetic Survey at Washington, D.C.: 2 S S & 11 1959- * *» 36'00" W .; thence approximately fifty- Cape Spencer and Column Point from four miles northeast by north one- Chart 8304, published June 1940 and re­ masin T^ta J v (Cape Spencer to SI W& m S S totfude all the c quarter north to Cape Scott Light on vised June 1956; Struya Point and Range Vancouver Island, approximately lati­ Point from Chart 8248, published Feb­ that a r / u off the coast of A la tude 50°47'13" N., longitude 128°25'50" ruary 1931 and revised September 1955; line £ L ^ Ween Area 2 and a strai W.; thence along the eastern shore of Cape Ommaney and Cape Decision from from Jg*«southeast one-half e Vancouver Island to Dillon Point, ap­ Chart 8252, published March 1943 and Point w„ ^ est i^int on Kuprea proximately one mile southeast of Mas- revised September 1958; Cape Pole and ,app" terman Island Light, approximately the unnamed points on Kosciusko Island latitude 50°44'50" N., longitude 127° and Prince of Wales Island from Chart 24'22" W.; thence to Tomlinson Point 8152, published March 1933 and revised at the easterly entrance of Blunden Har­ July 1957; Cape Chacon, Barren Island bor on the mainland, approximately lat­ and Tree Point from Chart 8102, pub- 2908 RULES AND REGULATIONS lished March 1935 and revised December length as measured from the tip of the ble for, nor sharing in, the operations of 1957. lower jaw to the extreme end of the mid­ said vessel. (g) In Area 3A, the halibut fishing dle of the tail 'or to halibut which with (e) The halibut license of any vessel season shall commence at 6:00 a.m. of the head off and entrails removed are 5 fishing for halibut in Area 1A as defined the 1st day of May and terminate at pounds or more in weight, and the pos­ in § 301.1 must be validated at a port or 6:00 a.m. on a date to be determined and session of any halibut of less than the place within Area 1A prior to each such announced under paragraph (b) of above length, or the above weight, ac­ fishing operation during the second hali­ § 301.4 cording to whether the head is on or off, but fishing season in Areas IB and 2 as (h) In Area 3B, the halibut fishing by any vessel or by any master or oper­ defined in paragraphs (b) and (c) of season shall commence at 6:00 a.m. of ator of any vessel or by any person, firm § 301.2 and when Areas IB and 2 are the 1st day of April and terminate at or corporation, is prohibited. closed to halibut fishing. 6:00 a.m. of the 16th day of October,' § 301.6 Licensing o f vessels. (f) The halibut license of any vessel or at the time of termination of the fishing for halibut in Area 3B when Area halibut fishing season in Area 3A, which­ (a) All vessels of any tonnage which 3A is closed to halibut fishing must be ever is later. shall fish for halibut in any manner or validated at a port or place within Area (i) All hours of opening and closing of hold halibut in possessiQn in any area, 3B prior to such fishing, except that a areas in this section and other sections of or which shall transport halibut other­ vessel already fishing in Area 3B with a these regulations shall be Pacific stand­ wise than as a common carrier docu­ halibut license that was validated for ard time. « mented by the Government of the United halibut fishing in Area 3B or in Areas States or of Canada for the carriage of 3A and 3B prior to the date of closure § 301.3 Closed seasons. freight, must be licensed by the Com­ of A rea 3A, may continue to fish in Area (a) Under paragraph 1 of Article I mission: Provided, T h at vessels of less 3B until first entry at a port or place with of the Convention, all convention waters than five net tons or vessels which do a validating officer or until any halibut shall be closed to halibut fishing except not use set lines need not be licensed is unloaded. as provided in § 301.2. unless they shall require a permit as pro­ (g) The halibut license of any vessel (b) All convention waters, if not al­ vided in § 301.7. departing from A rea 3B with any halibut ready closed under other provisions of (b) Each vessel licensed by the Com­ on board when A rea 3A is closed to hali­ these regulations, shall be closed to hali­ mission shall carry on board at all times but fishing, must be validated at a port but fishing at 6:00 a.m. of the 1st day while at sea the halibut license thus se­ or place in A rea 3B subsequent to fishing of December and shall remain closed cured whether it is validated for halibut and prior to such departure. until reopened as provided in § 301.2, fishing or endorsed with a permit as pro­ (h) A halibut license shall not be and the retention and landing of any vided in § 301.8 and this license shall at validated for departure for halibut fish­ halibut caught during this closed period all times be subject to inspection by au­ ing in Areas 1A or IB or 2 more than 48 shall be prohibited. thorized officers of the Governments of hours prior to the commencement of any (c) Nothing contained in these regu­ Canada or the United States or by repre­ halibut fishing season in said areas; nor lations shall prohibit the fishing for sentatives of the Commission. fo r departure for halibut fishing in Areas species of fish other than halibut or pro­ (c) The halibut license shall be issued 3A or 3B from any port or place inside hibit the International Pacific Halibut without fee by the customs officers of the said areas more than 48 hours prior to Commission, hereafter in these regula­ Governments of Canada or the United the commencement of the halibut fishing tions referred to as “the Commission”, States or by representatives of the Com­ season in said areas; nor for departure from conducting or authorizing fishing mission or by fishery officers of the Gov­ for halibut fishing in Areas 3A or 3B from operations for investigation purposes as ernments of Canada or the United States any port or place outside said areas more provided for in paragraph 3 of Article I at places where there are neither customs than 5 days prior to the commencement of the Convention. officers nor representatives of the Com­ of the halibut fishing season in said mission. A new license may be issued by areas. § 301.4 Catch limits in Areas 2 and 3A. the officer accepting statistical return at (i) A halibut license shall not be valid (a) The quantity of halibut to be any time to vessels which have furnished for halibut fishing in more than one of taken during the first halibut fishing proof of loss of the license form previ­ Areas 1A, IB , 2 or 3A, as defined in season in Area 2 and during the halibut ously issued, or when there shall be no § 301.1, during any one trip nor shall it fishing season in Arèa 3A in 1959 shall further space for record thereon, provid­ be revalidated for halibut fishing in be limited to 26,500,000 pounds and 30,- ing the receipt of statistical return shall another of said areas while the vessel has 000,000 pounds respectively of salable be shown on the new form for any hali­ any halibut on board. halibut, the weights in each limit to tie but or other species taken during or after (j ) A halibut license shall not be valid computed as with heads off and entrails the voyage upon which loss occurred. for «halibut fishing in any area closed to removed. (d) The halibut license of any vessel halibut fishing nor for the,possession of (b) The Commission shall as early in shall be validated before departure from halibut in any area closed to halibut the said year as is practicable determine port for each halibut fishing operation fishing except while in actual transit to and announce the date on which it deems for which statistical return is required. or within a port of sale and as provided each limit of catch defined in paragraph This validation of a license shall be by in paragraph (m ) of this section. (a) of this section will be attained, and customs officers or by fishery officers of (k) Any vessel which is not required the limit of each such catch shall then the Governments of Canada or the to be licensed for halibut fishing under be that which shall be taken prior to United States when available at places paragraph (a) of this section shall not said date, and fishing for halibut in the where there are no customs officers and possess any halibut of any origin in any area to which each limit applies shall at shall not be made unless the area in area closed to halibut fishing except that date be prohibited until each area which the vessel will fish is entered on while in actual transit to or within a port is reopened to halibut fishing as pro­ the license form and unless the provisions of sale vided in §301.2, and provided that if it of § 301.9 have been complied with for (1) A halibut license shall not be valid for halibut fishing in any area while a shall at any time become evident to the all landings and all fishing operations permit endorsed thereon is in effect, nor Commission that the limit will not be since issue of the license, provided that shall it be validated while halibut taken reached by such date, it may substitute if the master or operator of any vessel another date. mder such permit is on board. shall fail to comply with the provisions (m) A halibut license when validatea (c) Catch limits shall apply only to of § 301.9, the halibut license of such or halibut fishing in Area 3A shall not the first halibut fishing season in Area vessel may be validated by customs of­ >e valid for the possession of any halibut 2 and to the single halibut fishing sea­ ficers or by fishery officers upon evidence n Area 2 if said vessel is in possession son in Area 3A. either that there has been a judicial de­ f baited gear more than 25 miles from § 301.5 Size limits. termination/ of the offense or that the Jape Spencer Light, Alaska; and a naii" >ut license when validated for balib The catch of halibut to be taken from laws prescribing penalties therefor have ishing in Area 3B shall not be valid all areas shall be limited to halibut which been complied with, or that the said he possession of any halibut in A with head on are 26 inches or more in master or operator is no longer responsi­ Thursday, April 16, 1959 FEDERAL REGISTER 2909

3A, when Area 3A is closed to halibut of the Governments of Canada or the the type commonly used in the Pacific fishing, if said vessel is in possession of United States by the captain or operator Coast halibut fishery except in that part baited gear more than 20 miles by navi­ of said vessel and also by the person, of Area 3B known as Bering Sea as pro­ gable water route from the boundary firm or corporation receiving the halibut, vided in paragraph (b) of § 301.7. between Areas 3A and 3B. and no halibut or other fish or crabs shall (f) The permit of any vessel shall not (n) No person on any vessel which is be landed or removed or be received from be valid unless the permit is granted required to have a halibut license under the catching vessel, except with the per­ before departure from port for each fish­ paragraph (a) of this section shall fish mission of said officer and under such ing operation for which statistical re­ for halibut or have halibut in his pos­ supervision as the said officer may deem turns are required. This granting of a session, unless said vessel *has a valid advisable. permit shall be by customs officers or by license issued and in force in conformity (e) Halibut retained under such per­ fishery officers of the Governments of with the provisions of this section. mit shall not be purchased or held in Canada or the United States when avail­ possession by any person other than the able at places where there are no customs § 301.7 Retention o f halibut taken master, operator or crew of the catching officers and shall not be made unless the wider permit. vessel in excess of the proportion allowed area or areas in which the vessel will (a) There may be retained for sale on in paragraph (a) of this section until fish is entered on the halibut license form any vessel which shall have a permit as such excess, whatever its origin, shall and unless the provisions of § 301.9 have provided in § 301.8 such halibut as is have been forfeited and surrendered to been complied with for all landings and caught incidentally to fishing by that the customs, fishery or other authorized all fishing operations since issue of the vessel in any area after it has been closed officers of the Governments of Canada license or permit, provided that if the to halibut fishing under § 301.2 or § 301.4 or the United States. In forfeiting such master or operator of any vessel shall with set lines (of the type commonly used excess-, the vessel shall be permitted to fail to comply with the provisions of in the Pacific Coast halibut fishery) for surrender any part of its catch of halibut, § 301.9, the permit of such vessel may be other species, not to exceed at any time provided that the amount retained shall granted by customs or fishery officers one pound of halibut for each seven not exceed the proportion herein upon evidence either that there has been pounds of salable fish, actually utilized, allowed. a judicial determination of the offense of other species not including salmon or (f) Permits for the retention and or that the laws prescribing penalties tuna, and such halibut may be sold as landing of halibut caught in Areas 1A, therefor have been complied with, or that the catch of said vessel, the weight of all IB, 2, 3A or 3B, exclusive of that part the said master or operator is no longer fish to be computed as with heads off known as Bering Sea, in the year 1959 responsible for, nor sharing in, the and entrails removed, provided that it shall become invalid at 6:00 a.m., of the .operations of said vessel. shall not be a violation of this regulation 16th day of November of said year or (g) A permit shall not be valid for the for any such vessel to have in possession at such earlier date ^s the Commission landing of halibut caught incidentally halibut in addition to the amount herein shall determine. to fishing for crabs in that part of Area allowed to be sold if such additional (g) Permits shall become invalid for 3B known as Bering Sea unless the ves­ halibut shall not exceed thirty percent the retention of halibut caught in that sel shall show documentary evidence of of such amount and shall be forfeited part of Area 3B known as Bering Sea date of departure from some port or and surrendered at the time of landing after 6:00 a.m. of the 15th day of No­ place within said area, or from Akutan, as provided in paragraph (e) of this vember in the-year 1959 and shall become Alaska, subsequent tosuch fishing. Such section. invalid for the landing of halibut caught documentary evidence may consist of a (b) There may be retained for sale under permit in that part of Area 3B certified written statement of a properly on any vessel which shall have a permit known as Bering Sea after 6:00 aun. of identified and responsible resident within as provided in § 301.8 such halibut as is the 15th day of December of the year that part of Area 3B known as Bering caught incidentally to fishing for species 1959 or at such earlier dates as the Com­ Sea or at Akutan. of crab by that vessel in that part of mission shall determine. (h) The permit of any vessel shall not be valid if said vessel shall have in its Area 3B known as Bering Sea after 6:00 § 301.8 Conditions limiting validity o f possession at any time halibut in excess a.m. of the 1st day of April of the year permits. 1959 with bottom trawl nets (o f the type of the amount allowed under paragraph commonly used in the Bering Sea king (a) Any vessel which shall be used in (a) or (b) of § 301.7. crab fishery) whose cod ends or fish bags fishing for other species than halibut (i) No person shall retain, land or sell shall consist of webbing whose d ry- in any area after it has been closed to any halibut caught incidentally to fish­ stretched mesh shall measure not less halibut fishing under § 301.2 or § 301.4 ing for other species in any area closed to than 12 inches between knots or hog must have a halibut license and a permit halibut fishing under § 301.2 or § 301.4, rmgs, not to exceed at any time one if it shall retain, land or sell any halibut or shall have halibut of any origin in his pound of halibut for each five pounds caught incidentally to such fishing or possession during such fishing, unless w-amed weight of salable picked crab possess any halibut of any origin during such person is a member of the crew of meat or the equivalent drained weight such fishing, as provided in § 301.7. and is upon a vessel with a halibut li­ « mea,t in the shell or in vacuum - (b) The permit shall be shown by en­ cense and with a valid permit issued and packed heat processed containers. The dorsement, of the issuing officer on the in force in conformity with the provi­ ^valent weight of meat in the shell face of the halibut license form held by sions of §§ 301.7 and 301.8. said vessel and shall show the area or ™ computed on the basis of 15 § 301.9 Statistical return by vessels. pounds of meat in. the shell being equal areas for which the permit is issued. (c) The permit shall terminate at the (a) Statistical return as to the amount nun ?f drained picked crab meat ® equivalent weight of processed time of the first landing thereafter of of halibut taken during fishing opera­ meat shall be computed on the basis of fish or crabs of any species and a new tions must be made by the master or op­ permit shall be secured before any sub­ erator of any vessel licensed under these crow'i!1* landed or other ject to forfeiture when landed if in ex­ (b) The statistical return must state cess of the proportion permitted in p ara­ the port of landing and the amount of firm or p r received by any per graph (a) or (b) of § 301.7. each species taken within the area or vSJel the catcl have bin ! 11 on board s (e) A permit shall not be issued to, areas defined in these regulations, for or other J S ° rted 10 a customs, fisl or be valid if held by, any vessel which which the vessel’s license is validated for other authorized enforcement of shall fish with other than set lines of halibut fishing or within the area or No. 74----- 2 ' 2910 RULES AND REGULATIONS

areas for which the vessel’s license is (c) All records of all persons, firms or Coast and Geodetic Survey at Washing­ endorsed as a permit. corporations concerning the landing, ton, D.C., in June 1929, and Chart 8152, (c) The statistical return must in­ purchase, receipt and sale of halibut and as published by the United States Coast clude all halibut landed or transferred to other species landed therewith shall be •and Geodetic Survey at Washington, other vessels and all halibut held in pos­ retained for a period of two years and D.C., in M arch 1933, and reissued March session on board and must be full, true shall be open at all times to inspection 1939, except for the point of Cape and correct in all respects herein by any enforcement officer of the Gov­ Addington "which shall be determined required. ernments of Canada or the United States from Chart 8158, as published by the (d) The master or operator or any or by any authorized representative of United States Coast and Geodetic Sur­ person engaged on shares in the opera­ the Commission. Such persons, firms or vey in December 1923, provided that the tion of any vessel licensed or holding a corporations may be required to certify duly authorized officers of the United permit under these regulations may be to the correctness of such records and States of America may at any time place required by the Commission or by any to support the certificate by a sworn a plainly visible mark or marks at any officer of the Governments of Canada or statement. point or points as nearly as practicable the United States authorized to receive (d) The possession by any person, on the boundary line defined herein, and such return to certify to its correctness firm or corporation of halibut which such such m ark or marks shall thereafter be to the best of his information and belief person, firm or corporation knows to considered as correct# defining said and to support the certificate by a sworn have been taken by a vessel without a boundary. statement. Validation of a halibut li­ valid halibut license or a vessel without (c) Second, that area lying in the cense or issuance of a permit after such a permit when such license or permit is waters off the northern coast of Graham sworn return is made shall be provisional required, is prohibited. Island, British Columbia, within the fol­ and shall not render the license or per­ (e) No person, firm or corporation lowing boundary, as stated in terms of mit valid in case the return shall later be shall unload any halibut from any vessel the magnetic compass unless otherwise shown to be false or fraudulently made. that has fished for halibut in Area 3B indicated: From the outer Entry Point (e) The master or operator of any after the closure of Area 3A unless the Light, latitude 54°02'40" N., longitude vessel holding a license or permit under license of said vessel has been validated 132°11'30" W .; thence northwest ten these regulations shall an accurate at a port or place in Area 3B as required miles to a point approximately latitude log of all fishing operations including in paragraphs (f) and (g) of § 301.6 or 54°12'20" N., longitude 132°16'30" W.; therein date, locality, amount of gear unless permission to unload such halibut thence true east approximately fourteen used, and amount of halibut taken daily has been secured from an enforcement and one-half miles to a point which shall in each such locality. This log record officer of the Governments of Canada or lie northwest of the highest point of shall be retained for a period of two years the United States. Tow Hill, G raham Island, latitude 54* and shall be open to inspection by rep­ § 301.11 Closed nursery grounds. 04'24" N., longitude 131°48'00" V.’.; resentatives of the Commission author­ thence southeast to the said highest ized for-this purpose. (a) The following areas have been point of Tow Hill. The points on the (f) The master, operator or any other found to be populated by small, imma­ above mentioned island shall be deter­ person engaged on shares in the opera­ ture halibut and are designated as nurs­ mined from Chart 3754, published at the tion of any vessel licensed under these ery grounds and except in the year 1959 Admiralty, , April 11, 1911, pro­ regulations may be required by the Com­ are closed to halibut fishing, and, except vided that the duly authorized officers mission or by any officer of the Govern­ in the year 1959, no person shall fish for of Canada may at any time place a ments of Canada or the United States to halibut in either of such areas, or shall plainly visible mark or marks at any certify to the correctness of such log have halibut in his possession while fish­ point or points as nearly as practicable record to the best of his information and ing for other species therein, or shall on the boundary line defined herein, and belief and to support the certificate by have halibut of any origin in his posses­ such marks shall thereafter be consid­ a sworn statement. sion therein except in the course of a ered as correctly defining said boundary. continuous transit across such area, or § 301.10 Statistical return by dealers. during continuous transit through such § 301.12 Dory gear prohibited. (a) All persons, firms or corporations area for landing at the Port of Masset, The use of any hand gurdy or other that shall buy halibut or receive halibut Q.C.I. appliance in hauling halibut gear by for any purpose from fishing or trans­ (b) First, that area in the waters off hand power in any dory or small boat porting vessels or other carrier shall the coast of Alaska within the following operated from a vessel licensed under keep and on request furnish to customs boundary as stated in terms of the mag­ the provisions of these regulations is officers or to any enforcing officer of the netic compass unless otherwise indi­ prohibited in all convention waters. Governments of Canada or the United cated: From the north extremity of Cape § 301.13 Nets prohibited. States or to representatives of the Com­ Ulitka, Noyes Island, approximately mission, records of each purchase or re­ latitude 55°33'48" N., longitude 133°- (a) It is prohibited to retain halibut ceipt of halibut, showing date, locality, 43'35" W., to the south extremity of taken in Areas 1A, IB , 2, 3A and in Area name of vessel, person, firm or corpora­ Wood Island, approximately latitude 3B, exclusive of that part known as tion purchased or received from and the 55°39'44" N., longitude 133°42'29" W .; Bering Sea, with a net of any kind or to amount in pounds according to trade thence to the east extremity of Timbered have in possession any halibut in said categories of the halibut and other spe­ Islet, approximately latitude 55°41'47" areas while using any net or nets other cies landed with the halibut. N., longitude 133°47'42" W.; tljence to than bait nets for the capture of other (b) All persons, firms or corporations the true west extremity of Timbered species of fish, nor shall any license or receiving fish from a vessel fishing under Islet, • approximately latitude 55°41'46" permit validated for said areas under permit as provided in § 301.7 shall within N., longitude 133°48'01" W .; thence these regulations be valid during the use 48 hours make to an authorized enforce­ southwest three-quarters south sixteen or possession on board of any net or ment officer of the Governments of and five-eighths miles to a point ap­ nets other than bait nets, provided tna Canada or the United States a signed proximately latitude 55°34'46" N., longi­ the character and the use of said bai statistical return showing the date, lo­ tude 134°14'40" W . ; thence southeast by nets conform to the laws and regulations cality, name of vessel received from and south twelve and one-half miles to a of the country where they may be ut - the amount of halibut and of other spe­ point approximately latitude 55°22'23" lized and that said bait nets are utihzea cies landed with the halibut and certify­ N., longitude 134°12'48" W.; thence for no other purpose than the captur ing that permission to receive such fish northeast thirteen and seven-eighths of bait for said vessel. . ... llt was secured in accordance with para­ miles to the southern extremity of Cape (b ) It is prohibited to retain hahbu graph (d) of § 301.7. Such persons, Addington, Noyes Island, latitude 55°- taken in that part of Area 3B known as firms or corporations may be required by 26'11" N., longitude 133°49T2" W.; Bering Sea with any net which does no any officer of the Governments of Can­ and to the point of origin on Cape have a cod end or fish bag of webbin| ada or the United States t6 support the Ulitka. The boundary lines herein in­ whose dry-stretched mesh measures accuracy of the above signed statistical dicated shall be determined from Chart inches or more between knots or n s return with a sworn statement. 8157, as published by the United States rings, nor shall any license or perron

% Thursday, April 16, 1959 FEDERAL REGISTER 2911 held by any vessel fishing for crabs in Northern Pacific Ocean and Bering Sea, for the construction of public and other that part of Area 3B known as Bering signed March 2, 1953, except as to of­ nonprofit hospitals and medical facilities. Sea be valid for the possession of halibut fenses occurring prior to the approval of Subdivision (i) of § 53.153(a) (13) is during the use or possession on board of these regulations. These regulations amended as follows: shall be effective as to each succeeding any net which does not have a cod end or (i) Incinerators shall be installed in year, with the dates herein specified fish bag of webbing whose dry-stretched hospitals except where coal fired boilers changed accordingly, until superseded by mesh measures 12 inches or more be­ suitable for waste destruction are avail­ subsequently approved regulations. Any tween knots or hog rings. able. If provided, the incinerator shall determination made by the Commission § 301.14 Retention o f tagged halibut. be designed to completely bum 60 per­ pursuant to these regulations shall be­ cent wet garbage without objectionable Nothing contained in these regulations come effective immediately. smoke or odor. Where garbage is re­ shall prohibit any vessel at any time W i l l i a m M . S p r u l e S, moved from the premises or disposed of from retaining and landing any halibut Chairman. by other means, incinerators will be re­ which bears a Commission tag at the S e t o n H . T h o m p s o n , quired for the disposal of dressings, con­ time of capture, provided that such hali­ Vice Chairman. tagious and infectious materials, ampu­ but with the tag still attached is reported W i l l i a m A . B a t e s . tations and general rubbish. Rubbish at the time of landing to representatives H a r o l d S . H e l l a n d . incinerators shall be designed to com­ of the Commission or to enforcement of­ ficers of the Governments of Canada or M a t t ia s M a d s e n . pletely burn 50 percent wet rubbish the United States and is made available R ic h a r d N e l s o n . without objectionable smoke or odor. Gas or oil fired incinerators are desir­ . to them for examination. W i l l i a m M . S p r u l e s , able. Incinerators with capacities up to “ Chairman. § 301.15 Responsibility o f master. 500 pounds shall have the enclosing walls H . A . D u n l o p , of combustion chambers lined with fire Wherever in these regulations any Secretary. duty is laid upon any vessel, it shall be brick not less than 4% " thick. Inciner­ the personal responsibility of the master Approved: March 31, 1959. ators of greater capacity shall have not less than 9 " fire brick lining. The gases or operator of said vessel to see that said D w i g h t D . E i s e n h o w e r . duty is performed and he shall personally shall be carried to a point above the roof be responsible for the performance of [F.R. Doc. 59-3183; Filed, Apr. 15, 1959; of the hospital. 8:49 a.m .] said duty. This provision shall not be (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. construed to relieve any member of the 216. Interpret or apply sec. 622, 60 Stat. crew of any responsibility with which he 1042; 42 U.S.C. 291e.) would otherwise be chargeable. Title 42— PUBLIC HEALTH This amendment was approved by the § 301.16 Supervision o f unloading and Federal Hospital Council at a meeting weighing. Chapter I— Public Health Service, held March 12, 1959, and shall become Department of Health, Education, The unloading and weighing of the effective immediately on the date of pub­ lication in the F e d e r a l R e g is t e r . halibut of any vessel licensed under these and Welfare regulations and the unloading and SUBCHAPTER D— GRANTS Dated: M arch 31, 1959. weighing of halibut and other species of any vessel holding a permit under these PART 53— GRANTS FOR SURVEY, [ s e a l ] L . E . B u r n e y , regulations shall be under such super­ PLANNING AND CONSTRUCTION Surgeon General. Approved: vision as the customs or other authorized OF HOSPITALS AND MEDICAL officer may deem advisable in order to FACILITIES L . E . B u r n e y , assure the fulfillment of the provisions Chairman, Federal Hospital of these regulations. Fire Brick Lining for Incinerators Council. § 301.17 Previous regulations super­ Notice of proposed rule making, public Approved: April 10, 1959. seded. rule making procedures and postpone­ A r t h u r S . F l e m m i n g , These regulations shall supersede all ment of effective date have been omitted Secretary of Health, Education, previous regulations adopted pursuant to in the issuance of the following amend­ and Welfare. the Convention between Canada and the ment of this part, which relates solely united States of America for the preser­ to grants to States, political subdivisions [F.R. I>bc. 59-3181; Filed, Apr. 15, 1959; vation of the halibut fishery of the and public or other nonprofit agencies 8:49 a.m .]

PROPOSED RULE MAKING

the handling of Valencia oranges grown cordance with the aforesaid marketing department o f agriculture in Arizona and designated part of Cali­ agreement and order, as amended, the fornia, originally effective March 31, rate of assessment of $0.0075 per carton Agricultural Marketing Service 1954, under the applicable provisions of of oranges handled by such handler as I 7 CFR Part 922 1 the Agricultural Marketing Agreement the first handler thereof during such Act of 1937, as amended (7 U.S.C. 601 et fiscal year. ENDLING OF VALENCIA ORANGES seq.; 68 Stat. 906, 1047), as the agency All persons who desire to submit writ­ CROWN in ARIZONA AND DESIG­ to administer the terms and provisions ten data, views, or arguments in connec­ NATED PARTS OF CALIFORNIA thereof: (1) That the Secretary of Agri­ tion with the aforesaid proposals should culture find that expenses not to exceed file the same with the Director, Fruit APRr?Va,i0f ExPense$ ond Fixing of $172,000 will be necessarily incurred and Vegetable Division, Agricultural Fi* 61 v Assessment for 1958-59 during the fiscal year November 1, 1958, Marketing Service, United States De­ fiscal Year through October 31,1959, for the mainte­ partment of Agriculture, Room 2077, nance and functioning of the committee South Building, W ashington 25, D.C., not is, Si ven to established under the aforesaid market­ later than the 10th day after the publica­ Valencia n i? 5088,18 submitted by ing agreement and order, as amended, tion of this notice in the F e d e r a l R e g is ­ mittee * stJhn ? .Administrative C and (2) that the Secretary of Agriculture t e r . All documents should be filed in ing a ’ under the mai fix, as the share of such expenses which quadruplicate. S 0rder No- 22 each handler who first handles oranges As used herein, “handle,” “handler,” ** (7 cpR Part 922), reguli shall pay during the fiscal year in ac­ “oranges,” “fiscal year,” and “carton” 2912 PROPOSED RULE MAKING

shall have the same meaning as is given published in the F e d e r a l R e g is t e r on Therefore, pursuant to the authority to each such term in said marketing March 21, 1959 (24 F.R. 2257), by the delegated under § 405.27, I hereby give agreement and order, as amended. Administrator, it was stated that con­ notice that the time within which com­ (Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. sideration would be given to all relevant ments will be received for Draft Release 608c) matter in communications received on 59-1 is extended to May 17, 1959. Com­ or before April 17,1959. Several respon­ munications should be-submitted in du­ Dated: A pril 13, 1959. sible aviation organizations have re­ plicate to the Docket Section, of the quested the Administrator to extend the [ s e a l ] F l o y d F . H e d l u n d , Federal Aviation Agency, Room B-316 at Acting Director, Fruit and Veg­ date by which comments will be filed for 1711 New York Avenue NW ., Washington etatile Division, Agricultural an additional period of thirty days. Marketing Service. These requests were predicated upon the 25, D.C. Copies of such communications desirability of polling the membership will be available after May 19, 1959, for [F.R. Doc. 59-3185; Filed, Apr. 15, 1959; examination by interested persons at the 8:49 a.m .] of such organizations in order to deter-- mine their views so that the organiza­ Docket Section. tions, acting on behalf of their respective (Sec. 3 1 3 (a ), 72 Stat. 752; 49 U.S.C. 1354(a). memberships, could present duly repre­ in terpret or apply secs. 601, 602, 72 Stat. 775, FEDERAL AVIATION AGENCY sentative comments. 776; 49 U.S.C. 1421, 1422). Since the proposal contained in the [ 14 CFR Part 29 1 draft release concerns the airman med­ Issued in Washington, D.C., on April PHYSICAL STANDARDS FOR AIRMEN; ical qualifications of the members of such 13, 1959. MEDICAL CERTIFICATE organizations, and their comments would D r . J o h n E . S m i t h , be helpful, the Acting Civil Air Surgeon Acting Chief, Extension of Time for Comments finds that the date previously set for Office of Civil Air Surgeon. In the notice of proposed rule making return of comments should be extended [F.R. Doc. 59-3197; Filed, Apr. 15, 1959; on this matter (Draft Release 59-1) to M ay 17, 1959. 8:50 a.m.]

NOTICES

Defense, and to exercise the powers of below, subject to valid existing rights, DEPARTMENT OF DEFENSE the Secretary of Defense upon any and from appropriation under the -general all matters concerning which the Secre­ laws but excepting the mineral Office of the Secretary tary of Defense is authorized to act leasing laws. ASSISTANT SECRETARY OF DEFENSE pursuant to Pub. Law 891, 81st Congress, The applicant desires the land fo r use (SUPPLY AND LOGISTICS) AND 2d Session, 64 Stat. 1120, insofar as such by the United States Forest Service for action is related to the St. Lawrence Sea­ administrative sites and public recrea­ SECRETARY OF ARMY way Power Project, the St. Lawrence Sea­ tion areas. Delegation of'Authority With Respect way Navigation Project, and the Great For a period of 30 days from the date to St. Lawrence Seaway Project and Lakes Connecting Channels Project. of publication of this notice, all persons 3. All requests for waiver of the navi­who wish to submit comments, sugges­ Great Lakes Connecting Channels gation and vessel inspection laws of the tions, or objections in connection with Project United States made hereunder by the As­ the proposed withdrawal may present their views in writing to the undersigned The following delegation was made by sistant Secretary of Defense (Supply and officer of the Bureau of Land M an age­ the Secretary of Defense on A pril 9,1959. Logistics) or the Secretary of the Army ment, United States Department of the Delegation of Authority published at 22 to the head of any department or agency Interior, 809 Northeast Sixth Avenue, F.R. 5967 is hereby superseded and can­ responsible for the administration of Portland 12, Oreg. celled. such laws shall be deemed to have been If circumstances warrant it, a public Delegation of authority to the As­ made by the Secretary of Defense and hearing will be held at a convenient time sistant Secretary of Defense (Supply and with the full authority and power of the and place, which will be announced. Logistics) and to the Secretary of the Secretary of Defense. The determination of the Secretary« Army relative to the St. Lawrenee Sea­ B; The authority delegated herein may the Interior will be published in the way Power Project, the St. Lawrence not be redelegated. F e d e r a l R e g is t e r . A separate notice will Seaway Navigation Project, and the N e i l M cE l r o y , be sent to each interested party of record. G r e a t Lakes Connecting- Channels Secretary of Defense. The lands involved in the application Project. M a u r ic e W . R o c h e , are: I. Delegations of authority. A. The Administrative Secretary. W illa m e t te M eridian, Oregon following delegations of authority are [FR. Doc. 59-3175; Filed, Apr. 15, 1959; FREMONT NATIONAL FOREST promulgated pursuant to the authority 8:48 a.m .] vested in me by subsection 202(f) of the Johnson Meadow Administrative Site National Security Act of 1947, 61 Stat. 27 S R 9 E 495, as amended, and Reorganization 3ec. ” l : ' S 1/2 SE 14 NE 14 , Ny2NE%SE»/4-40 Plan No. 6 of 1953. DEPARTMENT OF THE INTERIOR acres. 1. I hereby delegate to the Assistant Davis Fiat Administrative Site Secretary of Defense (Supply and Logis­ Bureau of Land Management 97 ^ d 10 E tics) full power and authority to act for [No. 59-10] 3ec. 32: NE ^ SE 14, N V2 SE 14 SE % 60 acres. and in the name of the Secretary of Buck Creek Récréation Area Defense; and to exercise the powers of the OREGON Secretary of Defense upon any and all matters concerning which the Secretary Notice of Proposed Withdrawal and 3ecS 1?:* sEy4Nwy4swy4, of Defense is authorized to act pursuant Reservation of Lands N E 14 S W % S W 14 . NW!ASE«4sw^ to Pub. L aw 891, 81st Congress, 2d Ses­ acres. A p r i l 3, 1959. sion, 64 Stat. 1120, except as delegated Bridge Creek Récréation Area The Assistant Secretary, United States in paragraph 2 below. 29 S., R. 13 E., cipi/ 2. I hereby delegate to the Secretary of Department of Agriculture, has filed an 3ec. 29: SEy4NEy4SWy4, NE^SE^SWA- the Army full power and authority to act application, Serial No. Oregon 06585, for sw ^ n w ^ se^, Nwy4swy4sE/4 for and in the name of the Secretary of the withdrawal of the lands described Thursday, April 16, 1959 FEDERAL REGISTER 2913

Alder Spring Recreation Area Big Swamp Recreation Area for the public use and enjoyment, and for the eventual establishment of camp T. 30 S., R. 13 E., T. 38 S., R. 16 E., Sec. 13: N yS E yS W y—20 acres. Sec. 28: w y N W y ; and picnic grounds. Sec. ,29: EyEyNEy, Ey2NEySEy — 140 For a period of 30 days from the date Thompson Reservoir Recreation Arèa acres. of publication of this notice, all persons T. 30 S., R. 14 E., Porcupine Recreation Area who wish to submit comments, sugges­ Sec. 20: SW yNW y—40 acres. tions, or objections in connection with T. 38 S., R. 21 E., the proposed withdrawal may present Skull Creek Administrative Site sec. l: Nw y Nw ysEy, n e y n e y sw y — their views in writing to the undersigned 20 acres. T. 33 S., R. 16 E., officer of the Bureau of Land Manage­ Sec. 30: SKSE%NW%; N yN E yS W y—40 Aspen Administrative Site ment, Department of the Interior, 809 acres. T. 38 S., R. 21 E., Northeast Sixth Avenue, Portland 12, Lee Thomas Recreation Area sec. 12: s e y Nw y Nw y , n e y SW y NW y— Oregon. 20 acres. T. 34 S., R. 16 E., If circumstances warrant it, a public Sec. 28: E%NW%SW&i W y N E y S W y —40 Warner Canyon Recreation Area hearing will be held at a convenient time acres. and place, which will be announced. T. 38 S., R. 21 E.. . The determination of the Secretary of Ingram Administrative Site Sec. 30: L ot 4; Sec. 31: W y Lot 1— 84.39 acres. the Interior on the application will be T. 34 S., R. 17 E., published in the F e d e r a l R e g is t e r . A Sec. 30: WyNW.%NEy, EyNEÎ4NWÎ4 —40 Warner Administrative Site separate notice will be sent to each in­ acres. T. 39 S.,,R. 21 E., terested party of record. Marster Spring Recreation Area Sec. 3: E y S E y — 80 acres. The lands involved in the application are; T. 34 S„ R. 18 E., Dog Lake Recreation Area Sec. 16: W yN E ySW y—20 acres. W il la m e t t e M e rid ian, Oregon T. 40 S., R. 17 E., UMPQUA NATIONAL FOREST Deadhorse and Campbell Lake Sec. 22: Lot 17, Wy2NEyNEy, EyNW y Recreation Areas N E y , N W y S E y — 119.86 acres. A strip of land 330 feet on each side of the Drews Creek Recreation Area center line of the existing North Umpqua T. 35 S., R. 17 E., Forest Highway No. 47 and South Umpqua Sec. 6: SySW yNEy, SEySEyNW y, Ey T. 40 S., R. 18 E.,_ Forest Development Road No. 284 where such Nisyswy, NEySEySWy, NwysEy, Sec. 10: N y N W y N É y , N E y N E y N W y — roads traverse public lands through the fol­ NySW ySEy. 30 acres. lowing sections: T. 35 S. R 16 E Sec. i: Lot 5, Lot 6, w y L o t 7, L ot 8, sy Vernon Springs Administrative Site T. 25y S., R. 1 E., Sec. 31; SWyNEy, SysyNWy, Eyswyswy, T. 40 S., R. 21 E., Sec. 32. Ny2Nwy4SEy4. swyNwysEy—340.45 sec. 1 1 : syswyNwy, Nwyswy—60 T. 26 S., R. 1 W ., acres. acres. Sec. 1; Coffeepot Administrative Site Willow Creek Administrative Site Sec. 2; Sec. 8; T. 35 S., R. 18 E., T. 40 S., R. 21 E., Sec. 9; Sec. 8: N E *4 , EyNWyswy, Eyswy sec. 13: wyswyswy; Sec. 10; SWy„Eyswy,SEy; Sec. 14: E y S E y S E y ; Sec. 11; Sec.9: Wy2Wy2; Sec. 23: e y n e y NEy, n e y s e y n e y; Sec. 16: W y N w y N W y ; Sec. 16; sec. 2 4 : wyNwyNwy.NwyswyNwy- Sec. 17; Sec. 17: N E *4, N E y N W y , E ^ N W ^ N W 'A - 100 acres. 840 acres. Sec. 18. State Line Recreation Area T . 26 S., R. 1 E., Finley Corral Administrative Site ' Sec. 3; T. 41 S., R. 16 E., T. 36 S., R. le E.," Sec. 4; Sec. 21: E y L ot 4; Sec. 5; Sec. 11: E y SE y SE y ; Sec. 22: w y Lot 1— 51.98 acres. Sec. 6; Sec. 1 2 : SW ysw y; Sec. 9; Sec. 13: NWy4NWy4; Dismal Creek Recreation Area Sec. 10; Sec. 14: Ey NEy NE acres. 2 4 ^ — 12 0 T. 41 S., R. 22 E., Sec. 13; Sprague River Récréation Area sec. 16: swyNwy Nwy, Nwyswy Sec. 14; NWy—20 acres. - . Sec. 15; T- 37 S.. R. 15 E., Sec. 23; Approximately 2,781.62 acres. EyNEySWy, W y NW ySEy, SE 14 Sec. 24. NWîiSE^, NE y SW y SE y — 60 acres. E d w a r d C . B o o k e r , T. 26 S., R. 2 E., Warner Point Récréation Area Acting State Supervisor. Sec. 19; Sec. 20; T- 37 S., R. 2 1 E., [P.R. Doc. 59-3156; Piled, Apr. 15, 1959; Sec. 21; Sec. 26: E y NE y N E y — 20 acres. 8:46 a.m .] Sec. 22; Sec. 23. Keno Administrative Site T. 29 S., R. 1 W., T. 38 S., R. 12 e ., Sec. 13; Sec. 14; Sec. 2 2 : WyNWyNEy, EyNEyNWy — 40 [N o . 59-4] acres. . Sec. 22; OREGON Sec. 23; Fishhole Administrative Site Sec. 24; T- 38 S.. R. le e .. Notice of Proposed Withdrawal and Sec. 27; Sec. 33; SeL, SE % NE V4. SEy4swy4NEy4. Reservation of Lands ¡JJ^NWySEy, NWy4NEy4SEy4—40 Sec. 34. A p r i l 7, 1959. T. 30 S.t R. 1 W| Sec. 4; The Acting Secretary, United States Heart Lake Recreation Area Sec. 5; Department of Agriculture, has filed an T- 38 S., R. Ig E., Sec. 8. application, Serial No. Oregon 06529, for T . 28 a , R. 1 E., Sec 22 l S s v ^ ! /4SE1/4’ N E y .S E 14 SEi/ the withdrawal of the lands described Sec. 36. 6ôfcresS/2NWyiSW1/4, N ^ SW1/4S\ below, subject to valid existing rights, T. 28 S., R . 2 E., from appropriation under the general Sec. 28; Sec. 29; Lofton Lake Recreation Area mining laws, but excepting the mineral Sec. 31; T. 38 S., R. le e ., leasing laws. Sec. 32. The applicant desires the land for use ^Nwvswí/1?/2 2> wyNwy: T. 29 S., R. 1 E., by tjie Forest Service as roadside zones to Sec. 1; W y Ä « ä v MNE,4NW,/‘ ’ m protect and preserve the aesthetic values Sec. 2; 2914 NOTICES

Sec. 10; land for administrative, research and rate areas which, when surveyed, will prob­ Sec. 11; educational site needs. ably be described as fo llo w s: Sec. 16; For a period of 30 days from the date Sec. 17; T. 34 S., R. 6 E., Secs. 34 and 35: All. Sec. 18. of publication of this notice, persons having cause may present their objec­ T. 35 S., R. 6 E., Approximately 3,540.00 acres. tions in writing to the undersigned offi­ Secs. 1 and 3: All. Maps showing the location of the roads cial of the Bureau of Land Management, The above area aggregates approxi­ are available for inspection in the Land Department of the Interior, Box 2511, mately 2,560 acres. Office, Bureau of Land Management, Juneau, Alaska. Portland, Oregon; and the Forest Serv­ If circumstances warrant it, a public V al B. R ic h m a n , ice Office, Um pqua National Forest, hearing will be held at a convenient time State Supervisor. Roseburg, Oregon. and place, which will be announced. [F.R. Doc. 59-3160; Filed, Apr. 15, 1959; 8:47 a.m .] R u s s e l l E. G e t t y , The determination of the Secretary on Acting State Supervisor. the application will be published in the F ederal R eg ist e r . A separate notice will [F.R. Doc. 59-3157; Filed, Apr. 15, 1959; be sent to each- interested party of 8:46 a.m .] record. Bureau of Mines The lands involved in the application DIRECTOR, ANTHRACITE EXPERI­ are: MENT STATION, SCHUYLKILL ALASKA Lots P-1 and P-2 of U.S. Survey 2391. HAVEN, PENNSYLVANIA Lot 1 of U.S. Survey 3404 and an u n su r­ Notice of Proposed Withdrawal and veyed tract of land described as follows: Redelegation of Authority To Enter Reservation of Lands Beginning at Corner 18 of U.S. Survey 2391, Thence; North 5°45' West, 3.005 chains; Into Contracts The U.S. Forest Service has filed North 14°51' West, 5.595 chains; South 49°08' Pursuant to the authority delegated in an application, Serial No. J-011203, for West, 4.35 chains; N orth 82°30' East, 2.785 subparagraph 205.2.4AG), Bureau of chains; South 14°53' East, 3.32 chains; South the withdrawal of the lands described Mines M anual, the following rèdelega- below, from all forms of appropriation 5°45' East, 3.42 chains; North 57°48' West, 1.115 chains; to point of beginning and con­ tion is hereby made: including the mining laws, the mineral taining 7.51 acres more or less. The Director, Anthracite Experiment leasing laws and laws pertaining to the Station, may enter into contracts not to disposition of materials. The applicant W arner T. M a y , exceed $100,000 in any one contract, for desires the land for administrative Operations Officer. the control and extinguishment of out­ purposes. [F.R. Doc. 59-3159; Filed, Apr. 15, 1959; crop and underground fires in coal for­ For a period of 30 days from the date 8:47 a.m .] mations as authorized by Public Law 738 of publication of this notice, persons (68 Stat. 1009). having cause may present their objec­ tions in writing to the undersigned offi­ Dated: April 8, 1959. cial of the Bureau of Land Management, UTAH (1-20) J. A. C o r g a n , Department of the Interior, P.O. Box Chief, 2511, Juneau, Alaska. Notice of Proposed Withdrawal and Division of Anthracite. I f circumstances w arrant it, a public . Reservation of Lands [F.R. Doc. 59-3161; Filed, Apr. 15, 1959; hearing will be held at a convenient time A p r il 8, 1959. 8:47 a.m.] and place, which will be announced. The determination of the Secretary on The Utah State Park and Recreation the application will be published in the Commission has filed an application, Serial No. U-034605, for the withdrawal F ederal R eg ist e r . A separate notice will National Park Service be sent to each interested party of record. of the lands described below, from loca­ tion and entry under the public land [Big Bend National Park Order 1] The lands involved in the application laws, including the general mining laws, are: ADMINISTRATIVE ASSISTANT but not the mineral leasing laws. Graz­ Starrigavin Bay Public Service Site ing administration will be continued by Delegation of Authority To Execute Beginning at witness point meander cor­ the Bureau of Land Management. and Approve Certain Contracts ner of U.S. Survey No. 3565 at north end of The applicant desires the withdrawal M arch 23,1959. line thence due north 1,000 feet to corner A, of the land to afford that agency an op­ thence N. 37° W. 2,350 feet to comer B, thence portunity to exercise such supervision as S ection 1. Administrative Assistant. due west 1,320 feet to cornar C, thence due is necessary to prevent the removal of The Administrative Assistant may ex­ west 300 feet to corner D, thence due south ecute and approve contracts not in excess 2,250 feet to corner E, thence due east 400 large deposits of petrified wood and to protect scenic resources. of $25,000 for supplies, equipment, or feet to comer F, thence by beach meander to services in conformity with applicable corner G, which is on the old road at the For a period of 30 days from the date regulations and statutory authority ana creek mouth and consists of a wooden stake of publication of this notice, persons hav­ and a pile of rocks, thence by creek meander ing cause may present their objections in subject to availability of appropriations. to point of beginning, containing approxi­ writing to the undersigned official of the (National Park Service Order No. 14; 39 ®t^tv mately 67 acres of upland and 72 acres of Bureau of Land Management, P.O. Box 535, 16 U.S.C., 1952 ed., sec. 2. Region Three tide flats, or approximately 139 acres total. 777, Salt Lake City 10, Utah. Order No. 3) G eorge W . M ille r , W arner T. M a y , If circumstances warrant, a public Superintendent, Operations Supervisor. hearing/will be held at a convenient time Big Bend National Park. [F.R. Doc. 59-3158; Filed, Apr. 15, 1959; and place which will be announced. 8:47 a.m .] The determination of the Secretary of [F.R. Doc. 59-3162; Filed, Apr. 15, 1959, the Interior on the application will be 8:47 a.m.] published in the F ederal R e g ist e r . A separate notice will be sent to each in­ ALASKA terested party of record. [Mesa Verde National Park Order 1] Notice of Proposed Withdrawal and The lands requested for withdrawal are as follows: ADMINISTRATIVE ASSISTANT Reservation of Lands Sa lt L ake M e rid ian , U t a h r The US. Forest Service has filed an Delegation of Authority To Execute Unsurveyed: Beginning at the southwest application, Serial No. J-011168, for the and Approve Certain Contracts corner of surveyed section 36, T. 34 S., R. 6 E., withdrawal of the lands described below, thence north 1 mile; west 2 miles; south 2 M arch 23, 1959. from all forms of appropriation includ­ miles; east 1 mile; north 1 mile; east 2 miles; S e c t io n 1. Administrative Assistant ing the mining laws and the mineral south 1 mile; west 1 mile; north 1 mile, to The Administrative Assistant may leasing laws. The applicant desires the the point of beginning, embracing two sepa­ Thursday, A pril 16, 1959 FEDERAL REGISTER 2915 cute and approve contracts not in excess R ed Bay Stockyard, Red Bay, Ala. CFR, Chapter ni, Subchapter B) and, Ramsey & Sons Stockyards, Dothan, Ala. of $25,000 for supplies, equipment, or in accordance with the practice there­ Roanoke Stockyards, Roanoke, Ala. services in conformity with applicable under, was referred to the Compliance Robertsdale Livestock Auction, Inc., Roberts- Commissioner of the Bureau of Foreign regulations and statutory authority and dale, Ala. subject to availability of appropriations. Shaver & Black Livestock Auction, Troy, Ala. Commerce who, after considering evi­ Samson Livestock Auction, Samson, Ala. dence in support thereof, has recom­ (National Park Service Order No. 14; 39 Stat. mended that it be granted. 535,16 U.S.C., 1952 ed., sec. 2. R egion Three Sand M t. Sales Barn, Albertville, Ala. Tuscaloosa Stockyard, Tuscaloosa, Ala. Now, upon receipt of the Compliance Order No. 3) U n io n Stock Yards, Eu faula, Ala. Commissioner’s recommendation, after C h e s t e r A. T h o m a s , Valley Stock Yard, Decatur, Ala. Superintendent, reviewing and considering the evidence Washington County Stockyards, Inc., Cha- submitted in support of the application, Mesa Verde National Park. tom , Ala. from which evidence it appears that the West Alabama Stock Yards, Inc., Eutaw, Ala. [PR. Doc. 59-3163; Piled, A pr. 15, 1959; White & Son Livestock Commission Co., Bir­ respondent, Krainz & Company, which 8:47 a.m .] mingham, Ala. acquired the tubes from the firm to Winfield Livestock Commission Company, which they had been exported from the W infield, Ala. United States, after having been duly Elwood Livestock Commission Co., Elwood, served with relevant and material in­ DEPARTMENT OF AGRICULTURE Nebr. terrogatories concerning the disposition H om e Base Au ction Co., Bow m an, N. Dak. of the tubes, stated that it had sold them Agricultural Marketing Service Oakes Livestock Sales Co., bakes, N. Dak. to a user in Austria but refused to furnish ALICEVILLE SALE BARN ET AL. Harrington Bros. Co., Valley City, N. Dak. Green Valley Cattle Co., San Marcos, Tex. responsive answers to the interrogatories, Proposed Posting of Stockyards Muleshoe Livestock Auction, Muleshoe, Tex. claiming that trade secrets were in­ volved; and, having concluded that a Notice is hereby given, therefore, that The Director of the Livestock Division, refusal to answer interrogatories, upon the said Director, pursuant to authority Agricultural Marketing Service, United the plea that trade secrets are involved delegated under the Packers and Stock- States Department of Agriculture, has when the witness has been assured that yards Act, 1921, as amended (7 U.S.C. information that the livestock markets his trade secrets would be protected 181 et seq.), proposes to issue a rule named below are stockyards as defined under the restraints imposed by law upon designating the stockyards named above in section 302 of the Packers and Stock- the Bureau of Foreign Commerce, is not as posted stockyards subject to the pro­ yards Act, 1921, as amended (7 U.S.C. reasonable cause nor adequate explana­ visions of the act, as provided in section 202), and should be made subject to the tion and, having concluded further (a) 302 thereof. provisions of the act. that this order is reasonable and neces­ Any person who wishes to submit writ­ sary to protect the public interest and Aliceville Sale Barn, Aliceville, Ala. ten data, views, or arguments concerning to achieve effective enforcement of the Andalusia Livestock Auction, Andalusia, Ala. the proposed rule may do so by filing Export Control Act of 1949, as amended, Anniston Livestock Sale, Oxford, Ala. them with the Director, Livestock Divi­ Arab Stock Yard, Arab, Ala. and (b) that it is advisable that persons sion, Agricultural Marketing Service, Ariton Livestock Auction, Ariton, Ala. in the United States and in other parts United States Department of Agricul­ Atmore Truckers Assn., Inc., Atmore, Ala. of the world be informed by publication ture, Washington 25, D.C., within 15 days Beard & Kennamer Livestock Market, Scotts- of the provisions hereafter set forth so boro, Ala. after publication hereof in the F e d e r a l that the respondent may be prevented Birmingham Livestock Commission Go., B ir­ R e g is t e r . mingham, Ala. from receiving and possibly transship­ Blount County Stock Yards, Oneonta, Ala. Done at Washington, D.C., this 10th ping commodities exported from the C. L. Chambers, Brundidge, Ala. day of April 1959, United States so long as it is effective: Camden Stock Yard, Cam den, Ala. It is hereby ordered: [ s e a l ] D a v id M . P e t t u s , Central Alabama Stockyards, Inc., Clanton, I. All outstanding validated export Ala. Director, licenses in which the respondent appears Cherokee County Stockyard, Centre, Ala. Livestock Division, or participates as purchaser, inter­ Clarke County Stockyard, Inc., Grove Hill, Agricultural Marketing Service. Ala. mediate or ultimate consignee, or other­ [F.R. Doc. 59-3186; Filed, Apr. 15, 1959; The Cullman Stock Yard, Cullman, Ala. wise, are hereby revoked and shall be 8:50 a.m .] Dadeville Livestock Market, Dadeville, Ala. returned forthwith to the Bureau of For­ Dale County Swine Breeder’s Assn., Ozark, eign Commerce for cancellation; Ala. n. The respondent, its successors or Demopolis Stock Yards, Demopolis, Ala. assigns, partners, directors, representa­ East Alabama Stockyard, Opelika, Ala. DEPARTMENT DF CDMMERCE tives, agents, and employees, are hereby Enterprise Livestock Co., Enterprise, Ala. Bureau of Foreign Commerce Escambia County Cooperative, Inc., Brewton, denied all privileges of participating Ala. [File 23-619] directly or indirectly in any manner, Evergreen Livestock Co., Inc., Evergreen, Ala. form, or capacity in any past, present, or anners Cooperative Market, Inc., Frisco KRAINZ & CO. future exportation of any commodity or City, Ala. technical data from the United States banners Co-Operative Market, Opp, A la^ Order Denying Export Privileges for an Indefinite Period to any foreign destination, including * ^ ! rScLlvestock Cooperative, Elba, Ala. Canada. Without limitation of the í w í í 6 Síüíck Yard> In c - Payette, Ala. In the matter of Krainz & Company, S ® ? Trading Post, Florence, Ala. generality of the foregoing, participation Livestock Sales, Fort Payne, Ala. Herrengasse 6-8, Vienna, Austria, File in an exportation shall include and pro­ C^eva Stock Yards, Geneva, Ala. 23-619, respondent. hibit said respondent’s and such other d? ?ij°TCk Yards> Gordo, Ala. There is pending an investigation con­ persons' and firms’ participation (a) as E S * « " * * Co- Hartford, Ala. cerning what appears may be an un­ parties or as representatives of a party h SÍK h Co., Hartselle, Ala. authorized diversion of two electronic to any validated export license applica­ Henr^Pn ? ? * Yards’ In c- Headland, Ala. tubes valued at $9,540 which were ex­ tion; (b) in the obtaining or using of County Livestock Assn., Inc., Abbeville, ported from the United States under a any validated or general export license Russellville, Ala. validated license authorizing their ex­ or other export control document; (c) portation to a firm in Austria, the ven­ King & Momv,VeSt° Clc Co-’ Guntersville, Ala. in the receiving, ordering, buying, selling, Lhnesto^P pb° ril Stockyards’ Florence, Ala. dor thereof to Krainz & Company, the using, or disposing in any foreign country Yard> Athens Ala. respondent herein. The Director of the of any commodities in whole or in part L i v W ^ Yard- Linden, Ala. Investigation Staff, Bureau of Foreign exported from the United States; and DouísvíuI lív S Livingst°n. Ala. 1 Commerce, has applied for an order de­ (d) in the financing, forwarding, trans­ Luverne Oo** IrlC•, Louisville, Ala. nying to Krainz & Company all export Madi¿n t° ’ Luverne, Ala. privileges for an indefinite period be­ porting, or other servicing of exports vWe! Ala. ty Livestock Market, Hunts- cause of its failure and refusal to respond from the United States; III. This denial of export privileges North^abam l |ttockyard- Monroeville, Ala. to written interrogatories duly served on it. The application was made pursuant shall apply not only to the respondent, * » » £ 5 to § 382.15 of the export regulations (15 but also to any person, firm, corporation, 2916 NOTICES

or business organization with which it that part of his tentative conclusions and It is ordered, That pursuant to sec­ now or hereafter may be related by determinations as published in the F e d ­ tions 4(i), 5 (d ) and 303(r), of the Com­ ownership, control, position of responsi­ e r a l R e g ister issue of August 22, 1958 munications Act of 1934 as amended, bility, or other connection in the conduct (23 F.R. 6533), namely, the privilege to section 0.285 and section 0.286 of thè of trade involving exports from the carry westbound cargoes from English Commission’s Statement of Organiza­ United States or services connected Channel ports on Trade Route No. 5 tion, Delegations of Authority and Other therewith; to United States North Atlantic ports Information are adopted as shown below, IV. This order shall remain in effect by freight vessels operating on Trade effective April 8, 1959. until the respondent satisfactorily an­ Route No. 8. Released: April 13,1959. swers or furnishes written information Dated: April 13, 1959. or documents in response to the inter­ F e d e r a l C ommunications rogatories heretofore served on it or By order of the Maritime Adminis­ C o m m i s s i o n , gives adequate reason for its failure or trator. [ s e a l ] M a r y J a n e M o r r is , refusal to respond, except insofar as it J a m e s L . P i m p e r , Secretary. may be amended or modified hereafter Secretary. The following new sections are added in \ accordance with the export regu­ [F.R. Doc. 59-3184; Filed, Apr. 15, 1959; to Part 0. lations; 8:49 a.m .] V. No person, firm, corporation, or S e c . 0.285 Matters delegated to FCC other business organization, within the representatives assigned to Regional United States or elsewhere (whether or Boards for Civil and Defense Mobiliza­ not engaged in trade relating to exports CIVIL AERONAUTICS BOARD tion during a wartime emergency period. from the United States) shall, on behalf [D ocket No. 3272 et al.J Engineers in Charge of Field Engineering of or in any association with the re­ and Monitoring Bureau district offices at spondent or any related party, without CONSOLIDATED UMCA SUSPENSION Boston, Massachusetts; Baltimore, Mary­ prior disclosure of the facts to and AND PAN AMERICAN-UMCA AC­ land; Atlanta, Georgia; Detroit, Mich­ specific authorization from the Bureau QUISITION CASE igan, Dallas, Texas; Denver, Colorado; of Foreign Commerce, directly or in­ San Francisco, California and Seattle, directly in any manner, form, or capacity Notice of Hearing W ashington are designated as FCC Rep­ (a) apply for, obtain, transfer, or use In the matter of the acquisition of resentatives to Regional Boards for Civil any license, shipper’s export declaration, UMCA by Pan American Airways and and Defense Mobilization. Assistant bill of lading, or other export control the suspension of the certificate of pub­ Engineers in Charge of the same offices are designated as alternates. These document relating to any exportation of lic convenience and necessity of UMCA. Boards will be activated in wartime commodities from the United States, or Notice is hereby given pursuant to the emergency periods or during Civil De­ (b) order, receive, buy, sell, deliver, use, Federal Aviation Act of 1958, that the fense exercises. These FCC Representa­ dispose of, finance, transport, forward, hearing in the above entitled proceeding tives will give advice and assistance to or otherwise service or participate in an will be held April 21,1959, at 10:00 a.m., Regional Directors of OCDM and to exportation from the United States, or e.s.t., in .R o o m 704, 1825 Connecticut other Federal agencies within the re­ in a reexportation of any commodity ex­ Avenue NW., Washington, D.C., before spective O C D M region on matters relat­ ported from the United States, or do any Examiner Herbert K. Bryan. of the foregoing acts with respect to any ing to the functions and responsibilities exportation in which respondent or any Dated at Washington, D.C., April 9, of the FCC. They will also coordinate related party may have any interest or 1959. F C C operations within the region in the obtain any benefit of any kind or nature, event of a regional “Cut-off” situation. [ s e a l ] F r a n c iS W . B r o w n , For the purpose of delegating authority direct or indirect. Chief Examiner. VI. In accordance with the provisions to FCC Representatives to act for the of § 382.11(c) of the export regulations, [F.R. Doc. 59-3154; Filed, Apr. 15, 1959; Commission, a regional “cut-off” situa­ 8:46 a.m .] the respondent may move, at any time tion shall be considered as existing when prior to the cancellation or termination either no communication to higher au­ hereof, to vacate or modify this in­ thority within the FCC can be effected, definite denial order by filing an appro­ FEDERAL COMMUNICATIONS or such communication as exists could priate application therefor, supported not be expected to provide an answer by evidence, with the Compliance Com­ COMMISSION from higher authority within the FCC in missioner, and it may request oral hear­ time to authorize urgent actions that the ing thereon, which, if requested, will be [FCC 59-296] FCC Representative determines cannot held before the Compliance Commis­ ENGINEERS IN CHARGE OF CERTAIN be delayed until such answer is received. The delegations of authority set forth in sioner at Washington, D.C., at the FIELD OFFICES earliest convenient date. paragraphs (a), ( b ) , and (c) of this sec­ Delegation of Authority tion are made to these Engineers m Dated: A pril 13,1959. Charge or to their alternates, to enable At a session of the Federal Communi­ J o h n C . B o r t o n , them to carry out their responsibilities. Director, cations Commission held at its offices in (a ) When communication is available Office of Export Supply. Washington, D.C., on the 8th day of to higher authority within the FCC. A pril 1959; W hen instructions can be obtained from {F.R. Doc. 59-3151; Filed, Apr. 15, 1959; The Commission having under consid­ 8:46 a.m .] higher authority within the FCC, delega­ eration amendment of Part 0 of the tion of authority to FCC Representatives Commission’s rules and regulations by the addition of new sections 0.285 and assigned to R egio n al B oards for Civil Maritime Administration 0.286 which concern certain delegations a n d D efense M obilization shall comprise of authority to Engineers in Charge of that set forth in section 0.281. Action TRADE ROUTE NO. 5; U.S. NORTH field offices. u n d er this delegation m ust be consistent ATLANTIC/UNITED KINGDOM AND It appearing that the amendments with any defense rules,- such as CONEL- IRELAND herein ordered are necessary to assure RAD rules, that supersede rules for continuity of the Commission’s essential Notice of Adoption of Conclusions normal conditions; wartime plans an functions during w ar emergency periods; emergency orders that may be adopte and Determinations Regarding and by the Commission; emergency legisla­ It further appearing that the amend­ Modification of Essentiality and tion; Executive Orders; and any per­ ments herein ordered are procedural in United States Flag Service Require­ tinent actions of other Government nature, and, therefore, compliance with ments agencies taken pursuant to authority the requirements of sections 4 (a), (b), Notice is hereby given that the Mari­ and (c) of the Administrative Procedure delegated to them under section 606 oi time Administrator has adopted as final Act is not required: the Communications Act, as amended. Thursday, A pril 16, 1959 FEDERAL REGISTER 291T

(b) During a temporary t,cut-o{f,, subject to review and cancellation or re­ Fairview Broadcasters, Rensselaer, New period when communication to higher vision without hearing. York, Docket No. 12774, File No. B P- authority within the F C C is disrupted. (ii) Where immediate oral authoriza­ 12209; for construction permits for new When instructions cannot be obtained tions are necessary, the applicant shall standard broadcast stations. from higher authority within the FCC be orally informed of the limitations It is ordered, This 10th day of A pril and when immediate action must be enumerated above and the oral author­ 1959, that engineering exhibits in the taken, delegation of authority to FC C ization shall be followed as soon as pos­ above-entitled matter shall be exchanged Representatives assigned to Regional sible by a written authorization bearing among the parties on or before May 20, Boards for Civil and Defense M obiliza­ the same date of issue as the date of oral 1959; and tion shall comprise the following in addi­ authorization. If the “cut-off” period It is further ordered, That the hearing tion to the delegations included in para­ exceeds 30 days in duration, such au­ in this matter, previously continued graph (a) of this section. thorizations may be renewed for addi­ without date, is hereby scheduled to (1) Matters delegated to the Bureau tional periods of 30 days each. commence at 10:00 a.m., June 8, 1959, Chief and Chief, Field Operating Divi­ (2) Actions taken under any delega­ in the Commission’s offices in W ashing­ sion by section 0.271. tion of authority must take into full ac­ ton, D.C. (2) Matters delegated to the Chief, count, and be in conformance with, any Released: April 13,1959. Broadcast Bureau by section 0.241. defense rules that supersede rules for (3) Matters delegated to the Chief, normal conditions; wartime emergency F e d e r a l C ommunications Safety and Special Radio Services Bu­ plans and orders of the Commission; C o m m i s s i o n , reau by sections 0.259, 0.291 and 0.292, emergency legislation; Executive Orders; [ s e a l ] M a r y J a n e M o r r is , except for the authority to act on re­ and any pertinent actions of other Gov­ Secretary. quests for waiver of rules governing the ernment agencies taken pursuant to au­ [F.R. Doc. 59-3192; Filed, Apr. 15, 1959; availability of frequencies below 25 thority delegated to them under section 8:50 a.m .] megacycles in the Aviation and M ari­ 606 of the Communications Act, as time Services. amended. (4) Matters delegated to the Chief, (3) No actions shall be taken under Common Carrier Bureau by sections any delegation of authority until full [Docket No. 12735 etc.; FCC 59M-460] 0.251, 0.253, 0.258(d), 0.258(e), 0.258(f), consideration is given to the effect of TEMPE BROADCASTING CO. ET AL. 0.259, 0.260 and 0.261. such actions on the continuance of vital (5) Matters delegated to the Office of radio communications, both government Order Continuing Hearing Chief Engineer by sections 0.241 (i), and non-government, on a world-wide 0.331 and 0.332, subject to the following or nation-wide basis and in adjacent In re applications of W. H. Hansen, provision: regions. If the FCC Representative as­ Robert William Hansen, and Clyde J. signed to the Regional Board for Civil Barnes, d/b as Tempe Broadcasting Note: Actions taken under the delegation and Defense Mobilization determines Company, Tempe, Arizona, Docket No. of authority given by sections 0.241(1) and 12735, File No. BP-11283; Richard B. 0.331(c) shall be coordinated with the FCC that interference to radio operations out­ CONELRAD Supervisors and/or C oordinating side of a “cut-off” region may result by Gilbert, Tempe, Arizona, Docket No. Engineers, prior to taking action, if pos­ authorizing new or modified radio facili­ 12736, File No. BP-11887; David V. H ar­ sible to do so, or at the earliest opportunity. ties for example, a change of frequency man, Tempe, Arizona, Docket No. 12737, File No. BP-12388; for construction (6) Authority to act on requests fo: or power of a radio station, he shall permits. temporary authorizations for new o: withhold such authorization unless di­ rected to grant the temporary authori­ Pursuant to prehearing conference of modified radio station operations, sub' this date: It is ordered, This 9th day of ject to the provisions of the Com m un! zation by higher authority. April 1959, that the exchange of the cations Act of 1934, as amended. (4) Coordination shall be effected, direct affirmative case in writing of each (7) Authority to act on requests fo: where possible, with the F C C Represent­ atives assigned to Regional Boards for applicant will be accomplished on or be­ temporary authorizations for all classe: fore M ay 25, 1959: And it is further of radio operators, subject to the pro' Civil and Defense Mobilization in ad­ jacent regions before acting to authorize ordered, That the hearing now scheduled visions of the Communications Act o: for May 12, 1959, be, and the same is 1934, as amended. temporary requests for radio operations. (5) New obligations incurred pursuant hereby, rescheduled for June 8, 1959, at (8) Authority to waive temporarily anj 10:00 o’clock a.m. in the Commission’s provisions of the Commission’s Rules an( to delegation of authority specified in this section for personal service, procure­ offices, Washington, D.C. Regulations applicable to radio station mid radio operators, subject to the pro' ment, contract agreements, and similar Released: April 10, 1959. visions of the Communications Act o: items shall not exceed the amount au­ thorized by the Commission’s Budget F e d e r a l C ommunications ¿4, as amended, provided, however C o m m i s s i o n , wiat such authority shall not includi Officer in periodic emergency allotment authorizations. [ s e a l ] M a r y J a n e M o r r is , ctmg ° n requests for waiver of rule: Secretary. S e c . 0.286 Record of actions taken. the availability of frequencie: Actions taken under section 0.285(b) by [F.R. Doc.: 59-3193; Filed, Apr. 15, 1959; vrQ,y, mesacycles in the Aviation anc FCC Representatives assigned to Re­ 8:50 a.m .] S ™ “ ® Services, nor shall such a u gional Boards for Civil, and Defense Wfli y inc*ude acting on requests t< Mobilization shall be reported to Chief, ^ny 0f the CONELRAD rules, Field Engineering and Monitoring Bu­ grantJ?67lera*' AU authorization: reau at the earliest opportunity. [Docket Nos. 12775, 12776; FCC 59M-459] in n * r i Uant authority containe« be for of this section shal [F.R. Doc. 59-3191; Filed, Apr. 15, 1959; FARMVILLE BROADCASTING CO. AND shall ¿ Gv10ds ? ot exceeding 30 days an< 8:50 a.m .] WYSR INC. (WYSR) authoritvrePtr +^? to higtler Commissioi Order Continuing Hearing Conference Such authn ^ t?-e earliest opportunity review a n ï„lzatl1'?ns shall be subject U [Docket Nos. 12566,12774; FCO 59M-465] In re applications of James H. Mayo °ut hearing^ c®üatl0n or revision, with' and R. E. Mayo, d/b as The Farmville a s s i S to Pn7 the PCC Representative: SANFORD L. HIRSCHBERG ET AL. Broadcasting Company, Farmville, North Defense Mnhuf*0^ 1 Boards for Civil an< Order Scheduling Hearing Carolina, Docket No. 12775, File No. B P - ■ mission 0r by higher Com' 11530; WYSR, Incorporated (W YSR), 3 n Æ riSuWhen the need ior sucl In re applications of Sanford L. Franklin, Virginia, Docket No. 12776, File on the face show Plainl; Hirschberg and Gerald R. McGuire, No. BP-12323; for construction permits. «) TemL erCOf that they are: Cohoes-Watervliet, New York, Docket Pursuant to prehearing conference as exceed 3? r i^ ar3^ authorizations, not t( No. 12566, File No. BP-11261; W. Frank of this date in the above-entitled pro­ Short and H. Clay Esbenshade, d/b as ceeding: It is ordered, This 9th day of No. 7£ ü °m date of *** an< 2918 NOTICES

April 1959, that hearing herein, which is [D ocket No. 12822] munications Commission that Ox-Wall now scheduled for April 20,1959, be, and OX-WALL PRODUCTS MANUFACTUR­ Products Manufacturing Company, Inc., the same is hereby, rescheduled for April Oxford, N ew Jersey, its officers, agents, 27,1959, at 10:00 o’clock a.m. in the Com ­ ING CO., INC. employees, privies, assigns, successors in mission’s offices, W ashington, D.C. Order Assigning Matter for Public interest, or other parties acting in con­ cert with O x -W a ll Products Manufac­ Released: April 10, 1959. Hearing turing Company, Inc. (1) cease and F e d e r a l C ommunications In the matter of cease and desist order desist from operating industrial heating C o m m i s s i o n , to be directed to O x -W a ll Products M an ­ equipment so as to cause interference [ s e a l ] M a r y J a n e M o r r is , ufacturing Company, Inc., 50 Wall to authorized radio communications; Secretary. Street, Oxford, New Jersey; Docket No. and (i) irrespective of whether such 12822. interference is caused to authorized IF.R. Doc. 59-3194; Filed, Apr. 15, 1959; 8:50 a.m .] The Commission having under con­ radio communications, cease and desist sideration the issuance of an order pur­ from operating industrial heating equip­ suant to section 312 (b) of the Communi­ ment without a proper certificate or cations Act of 1934, as amended, to Ox- license as required by Part 18 of the [Docket No. 12782; FCC 59M^164] W all Products Manufacturing Company, rules of the Federal Communications Inc., 50 W all Street, Oxford, New Jersey, Commission; and STUDY OF RADIO AND TELEVISION (1) to cease and desist from operating It is further ordered, That a hearing NETWORK BROADCASTING industrial heating equipment so as to in this matter be held at the U.S. Court­ cause interference to authorized radio house, Foley Square in New York, N.Y., Order Scheduling Hearing communications; and (2) irrespective of at 10:00 a.m. on the 30th day of April whether such interference is caused to 1959 before a Commission hearing ex­ The Commission, by order adopted authorized radio communications, to aminer to be designated by subsequent February 26, 1959, having directed that cease and desist from operating indus­ order to determine whether said cease an investigatory proceeding be instituted trial heating equipment without a proper and desist order should be issued, and pursuant to section 403 of the Commu­ certificate or license as required by Part that the O x -W a ll Products Manufac­ nications Act of 1934, as amended, and 18 of the rules of the Federal Communi­ turing Company, Inc., is herewith called that inquiry be made regarding the m at­ cations Commission; and upon to appear at this hearing and give ters and subjects as set forth in said It appearing that the Ox-Wall Prod­ evidence upon the matters specified order; and the Commission having fur­ ucts Manufacturing Company, Inc. oper­ herein; and ther ordered that the Chief Hearing ates in its plant at Oxford, New Jersey, It is further ordered, Pursuant to Examiner shall constitute a board, certain industrial heating equipment § 1.62 of the rules, that Ox-Wall Prod­ within the meaning of section 5(d) of which utilizes a radio frequency gener­ ucts Manufacturing Company, Inc., is the said Act, to convene, conduct and ator or generators and transmits radio directed to file with the Commission carry on said proceeding; frequency energy on frequencies author­ within 10 days of the receipt of this order It is ordered, This 10th day of April ized for use by television broadcast sta­ a written appearance in triplicate; stat­ 1959, that the investigatory proceeding tions and on frequencies authorized for ing that the O x -W a ll Products Manufac­ aforementioned shall convene in the the use of air navigation radio aids of turing Company, Inc., will appear and Offices of the Commission, Washington, the Federal Aviation Agency; and present evidence on the matters specified D.C., at 10:00 a.m., Monday, M ay 4,1959, It further appearing that said indus­ in this order. If the Ox-Wall Products and shall be conducted and carried on trial heating equipment is subject to the Manufacturing Company, Inc., does not thereafter at such times and places as provisions of Part 18 of the Commis­ desire to avail itself of its opportunity to m ay be directed. sion’s rules (47 CFR Part 18); and appear before the Commission and give Released: April 10, 1959. It further appearing that the afore­ evidence on the matters specified herein, mentioned industrial heating equipment it shall, within 10 days of the receipt of F e d e r a l C ommunications causes interference to authorized tele­ this order, file with the Commission, in C o m m i s s i o n , vision broadcast reception at Oxford, triplicate a written waiver of hearing. [ s e a l ] M a r y J a n e M o r r is , New Jersey; and is potentially a source Such waiver may be accompanied by a Secretary. of interference to air navigation radio statement of the reasons why O x-W all [F.R. Doc. 59-3195; Filed, Apr. 15, 1959; aids of the Federal Aviation Agency; and Products M anufacturing Company, Inc., 8:50 a.m .] It further appearing that the afore­ believes that a cease and desist order mentioned industrial heating equipment should not issue ; and has not been certified by a duly qualified It is further ordered, That failu re of engineer as required by § 18.103 of the said Ox-Wall Products Manufacturing [Docket No. 12822] Commission’s rules, nor has the equip­ Company, Inc., timely to respond to this ment been licensed pursuant to § 18.3 order or its failure to appear at the OX-WALL MANUFACTURING CO., and Subpart D of Part 18 of the Commis­ hearing designated herein w ill be INC. sion’s rules; and deemed a waiver of hearing. It further appearing that the above Released: April 8, 1959. Cease and Desist Order facts have been called to the attention of the Ox-Wall Products Manufacturing F e d e r a l C ommunications In the platter of cease and desist order Company, Inc. by the Commission both C o m m i s s i o n , to be directed to O x -W a ll M anufacturing orally and in writing, and that the Ox- [ s e a l ] M a r y J a n e M o r r is , Secretary. Company, Inc., 50 Wall Street, Oxford, W all Products Manufacturing Company, New Jersey; Docket No. 12822. Inc. has been afforded an opportunity to [F.R. Doc. 59-3109; Filed, Apr. 15, 1959. It is ordered, This 8th day of April 1959 demonstrate or achieve compliance with 8:45 a.m .] that the Commission’s order dated April all lawful requirements but such demon­ 6, 1959, in the above captioned matter is stration has not been made and such hereby rescinded and replaced by a new compliance has not been accomplished; order dated April 8, 1959. [D ocket No. 12822; FCC 59M-455] and Released: April 13, 1959. It further appearing that the safety of OX-WALL PRODUCTS MANUFACTUR­ F e d e r a l C ommunications life or property is involved; ING CO., INC. C o m m i s s i o n , It is ordered, This 8th day of April Order Scheduling Hearing [ s e a l ] M a r y J a n e M o r r is , 1959, pursuant to section 312 of the Secretary. Communications Act of 1934, as In the matter o f cease der to be directed to Ox-Wall Pr [F.R. Doc. 59-3196; Filed, Apr. 15, 1959; amended 47 U.S.C. 312, and section 'MramifQi’t.iirinfi' Comuanv, Inc., 8:50 a.m .l 0.41(f) of the rules of the Federal Com­ Thursday, April 16, 1959 FEDERAL REGISTER 2919

Street, Oxford, New Jersey; Docket No. Power Commission pursuant to section [D ocket No. G-17675] 12822. 204 of the Federal Power Act by Holyoke HIAWATHA OIL & GAS CO. It is ordered, This 9th day of April Water Power Company (“Applicant”) , a 1959, that Charles J. Frederick will pre­ corporation organized under the laws of Order for Hearing, -Suspending Pro­ side at the hearing in the above-entitled the State of Massachusetts and doing posed Change in Rate and Allow­ proceeding which is scheduled to com­ business in the State of Massachusetts, ing Changed Rate To Become with its principal business office at H ol­ mence on April 30, 1959, in New York, Effective; Amendment N.Y. yoke, Massachusetts, seeking an order authorizing the issuance of up to $8,000,- Released: April 9, 1959. A p r i l 8, 1959. 000 of short-term promissory demand In the Order for Hearing, Suspending F e d er al C ommunications notes. None of the aforesaid notes Proposed ‘Change in Rate and Allowing C o m m i s s i o n , would be outstanding later than June 30, Changed Rate To Become Effective is­ [ seal] M a r y J a n e M o r r is , 1960. The notes will bear interest at the sued January 30, 1959, and published in Secretary. prime rate in effect in Boston, Massa­ the F e d e r a l R e g is t e r on February 6,1959 chusetts from time to time. Said notes [F.R. Doc. 59-3104; Filed, A pr. 15, 1959; (24 F.R. 920) ; under “The Commission will be issued to the First National Bank 8:45 a.m .] Orders” please insert the following para­ of Boston and will represent interim graph (F) between paragraphs (E) and financing between takedowns of First (G ) : Mortgage Bonds authorized by the Fed­ FEDERAL POWER COMMISSION eral Power Commission in Docket No. (F) If Hiawatha shall, in conformity [Project No. 2198] E-6744. Applicant states that the short­ with the terms and conditions of para­ term promissory notes will be issued and graph (D) of this order, make the re­ SOUTHERN CALIFORNIA EDISON CO. sold from time to time for the purpose funds as may be required by order of the Commission, the undertaking shall Notice of Land Withdrawal; California of paying costs of construction of Appli­ cant’s Mt. Tom Power Plant and to as­ be discharged; otherwise, it shall remain A p r il 9, 1959. sure that Applicant’s interest charges on in full force and effect. its permanent financing for such con­ Comformable to the provisions o f sec­ [ s e a l ] J o s e p h H. G u t r id e , tion 24 of the Act of June 10, 1920, as struction will be kept at a minimum. Secretary. amended, notice is hereby given that the Any person desiring to be heard or to make any protest with reference to said [F.R. Doc. 59-3179; Filed, Apr. 15, 1959; land hereinafter described, insofar as 8:49 a.m .] title thereto remains in the United States, application should, on or before the 30th is included in power project No. 2198 for day of April, 1959, file with the Federal which application for license was filed Power Commission, Washington 25, D.C., February 6, 1956. Under said section 24 petitions or protests in accordance with [Docket No. G-17684] the requirements of the Commission’s all land of the United States lying within CROW DRILLING AND PRODUCING the boundaries of the project, as de­ rules of practice and procedure (18 C FR limited upon the maps designated Ex­ 1.8 or 1.10). The application is on file CO. hibit “K” entitled Detail M ap of Santa and available for public inspection. Order for Hearing, Suspending Pro­ Ana No. 3 Project (F.P.C. No. 2198-2), are [ s e a l ] J o s e p h H . G u t r id e , posed Change in Rate, and Allow­ from February 6,1956, said date of filing, Secretary. reserved from entry, location or other ing Changed Rate To Become disposal under the laws of the United [F.R. Doc. 59-3177; Filed, Apr, 15, 1959; Effective; Amendment 8:48 a.m .] States until otherwise directed by the A p r i l 8, 1959. Commission or by Congress. In the Order for Hearing, Suspending San Bernardino Meridian, Califo r n ia [Docket No. G-17786] Proposed Change in Rate, and Allowing T- 1 N., R. 2 W., Changed Rate To Become Effective is­ V ^ y 8» ” *- N,/*SE!4’ swy4sE%, CRESCENT OIL AND GAS CORP. sued on February 11,1959, and published in the F e d e r a l R e g is t e r >on February 17, T.1S..R.2W4,’ ;«^ Order for Hearing, Suspending Pro­ 1959 (24 F.R. 1222) ; delete the second Sec. 4: Lots 3, 4, 5, 6, SE%NB»A.. posed Change in Rate, and Allow­ paragraph beginning “In support * * *” a r2 e aFea reserved by the filing of this ing Changed Rate To Become and substitute therefor the following Application is approximately 14.68 acres. Effective; Amendment paragraph! mi exCept a minor p0rtion has been here_ A p r i l 8,1959. The buyer and seller are in disagree­ Powpt for power Purposes under ment as to the amount of Louisiana nr t Classification Nos. 80 and 134,- In the Order for Hearing, Suspending Proposed Change in Rate, and Allowing severance tax reimbursement included in is 1933, The entire project Changed Rate To Become Effective is­ the proposed increased rate. In view of Forest*111* the San Bernardino National sued February 18,1959, and published in the controversial interpretation of the tax reimbursement clause in Crow’s sh e ? ? broject map Exhibits “J” the F e d e r a l R e g is t e r on February 26, 1959 (24 F.R. 1431) ; delete the second basic contract, it is deemed appropriate 2l9?i ’oa?d„ “K ” sheet 2 (F.P.C. Nos. paragraph and substitute therefor: that a public hearing be held to deter­ transmiti^H *’ i f spectively), have been mine the proper interpretation of the tax agemen? n t0i th-e Bureau of Land M a n - In support of the renegotiated rate in­ provisions. Service ’ ^ eo^oglcaf Survey and Forest crease, Crescent submits the supplemen­ tary agreement which, it alleges, provides [ s e a l ] J o s e p h H. G u t r id e , Secretary. Joseph H . G u t r id e , for the compression of gas. The pro­ [p Secretary. posed increased rate as well as the rate [F.R. Doc. 59-3180; Filed, Apr. 15, 1959; sought to be increased includes reim­ 8:49 a.m .] Doc. 59-3155; Filed, Apr. 15, 1959; 8:46 a.m.] bursement for the Louisiana severance tax. Crescent’s interpretation of the tax provisions of the afore-mentioned rate schedule appears to be questionable and INTERNATIONAL COOPERATION [Docket No. E -6875] should be the subject of a hearing. Rate Schedule No. 3 is subject to further ADMINISTRATION HOLYOKE WATER POWER CO. orders of the Commission in the Docket EXECUTIVE SECRETARY Nos. G-17661 and G-15857. No«» of Application Delegation of Authority To [ s e a l ] J o s e p h H. G u t r id e , Tako APRIL ! Secretary. ' Authenticate Documents [F.R. Doc. 59-3178; Filed, Apr. 15, 1959; Pursuant to the authority vested in aPPlicatSn1Cwaihfiîwas filed T with April tl : 8:49 a.m .] me by the Mutual Security Act of 1954 2920 NOTICES

(Public Law 83-655), as amended, Exec­ 6. Effective date. This order is ef­in order to prevent fraudulent, deceptive utive Order 10575, as amended, Executive fective April 1, 1959. or manipulative acts or practices, trad­ Order 10610, as amended, and State ing in the stock of F. L. Jacobs Co. will be F r a n k l i n F l o e t e , Department Delegation of Authority 85, Administrator. unlawful under section 15(c) (2) of the as amended, I hereby authorize the Ex­ Securities Exchange Act of 1934 and the ecutive Secretary, International Coop­ [F.R. Doc. 59-3215; Filed, Apr. 15, 1959; Commission’s Rule 240.15c2-2 (17 CFR eration Administartion, or any officer 9:09 a.m .] 240.15c2-2) thereunder for any broker or designated to act in his stead, to authen­ dealer to make use of the mails or of any ticate on my behalf, books, records and means or instrumentality of interstate documents of this Agency or true copies OFFICE OF CIVIL AND DEFENSE commerce to effect any transaction in, or of them. to induce or attempt to induce the pur­ chase or sale of such security, otherwise L . J. S a c c i o , MOBILIZATION Acting Director, than on a national securities exchange. International Cooperation DAVID CHARLES HOLUB It is ordered, Pursuant to section 19 Administration. (a) (4) of the Securities Exchange Act Appointee’s Statement of Business of 1934 that trading in said security on A p r i l 8, 1959. ' Interests the New York Stock Exchange and De­ IF.R. Doc. 59-3164; Filed, Apr. 15, 1959; The following statement lists the troit Stock Exchange be summarily sus­ 8:47 a.m.J names of concerns required by subsec­ pended in order to prevent fraudulent, deceptive or manipulative acts or prac­ tion 710(b) (6) of the Defense Produc­ tices,, this order to be effective for a pe­ tion Act of 1950, as amended. riod of ten (10) days, April 12, 1959, to GENERAL SERVICES ADMINIS­ No changes. April 21, 1959, inclusive. TRATION No changes since last report, pub­ By the Commission. lished September 10,1958 (23 F.R. 7015). [A D M 2851.1] [ s e a l ] O r v a L L. DuBois, Dated: February 1, 1959. Secretary. CERTAIN PURCHASES OF CRUDE D a v i d C h a r l e s H o l u b . PETROLEUM A N D PETROLEUM [F.R. Doc. 59-3166; Filed, Apr. 15, 1959; [F.R. Doc. 59-3149; Filed, Apr. 15, 1959; 8:47 a.m .] PRODUCTS 8:45 a.m .] Application of the Buy American Act

A p r i l 10, 1959. [F ile No. 24D-2326] 1. Purpose. This order advises that SECURITIES AND EXCHANGE the procedures set forth by Executive WESTERN FACTORS, INC. Order 10582 of December 17, 1954, are COMMISSION Order Temporarily Suspending Ex­ applicable to procurement contracts for [File No. 1-2645] emption, Statement of Reasons petroleum products. 2. Cancellations. Administrative Or­ F. L. JACOBS CO. Therefor, and Notice of Opportunity der No. 236 of April 24, 1958, is hereby Order Summarily Suspending Trading for Hearing canceled. A p r i l 10, 1959. 3. Background. By Presidential Proc­ A p r il 10, 1959. I. Western Factors, Inc. (issuer), 212 lamation 3279 of M arch 10, 1959 (24 I. The common stock, $1.00 par value, Beason Building, Salt Lake City, Utah, F.R. 1781), the President revoked Execu­ of F. L. Jacobs Co. is registered on the filed with the Commission on August 19. tive Order 10761 of March 27, 1958, as of New York Stock Exchange and admitted 1958, a notification on Form 1-A and an April 1, 1959. One effect of this revoca­ to unlisted trading privileges on the offering circular, and subsequently filed tion is to make the provisions of Execu­ Detroit Stock Exchange, national secu­ amendments thereto, relating to an tive Order 10582 of December 17, 1954, rities exchanges, and offering of 200,000 shares of its common applicable to procurement contracts for II. The Commission on February 11, $1 par value stock at $1.50 per share for petroleum products. 1959 issued its order and notice of hear­ an aggregate offering of $300,000, for 4. Procedure. Pending issuance of in­ ing under section 19(a) (2) of the Secu­ the purpose of obtaining an exemption structions by the Department of Interior, rities Exchange Act of 1934 to determine from the registration requirements of bids for petroleum products will be at a hearing beginning March 16, 1959 the Securities Act of 1933, as amended, evaluated for purposes of the Buy Amer­ whether it is necessary or appropriate pursuant to the provisions of section ican Act in accordance with the pro­ for the protection of investors to suspend 3(b) thereof and Regulation A promul­ cedures set forth by Executive Order for a period not exceeding twelve months, gated thereunder; and 10582 of December 17,1954, including an or to withdraw, the registration of the n. The Commission has reasonable additional differential of six percent for capital stock of F. L. Jacobs Co. on the cause to believe that: surplus labor areas. In ascertaining the New York Stock Exchange and Detroit A. The terms and conditions of Reg' origin of petroleum products for purposes Stock Exchange for failure to comply ulation A have not been complied with of a Buy American determination, when with section 13 of the Act and the rules in that: material of mixed foreign and domestic and regulations thereunder. 1. The notification on Form 1-A fan» origin is offered, it shall be considered On April 1, 1959, the Commission is­ to disclose each affiliate of the issuer ana foreign if the foreign materials consti­ sued its order summarily suspending the nature of the affiliation as requires tute 50 percent or more of the cost of trading of said securities on the ex­ by Item 2(b). ., all products used in the completed changes pursuant to section 19(a) (4) of 2. The notification on Form 1-A tai product. the Act for the reasons set forth in said to disclose the names and addresses 5. Inapplicability of determinations. order to prevent fraudulent, deceptive or officers, directors and prom oters & The Administrator of General Services manipulative acts or practices for a.pe­ positions held with the issuer as 1 ‘ in his determinations of September 17, riod of ten days ending April 11, 1959. quired by Item 3. . 1954, and M arch 21,1955, exempted from III. The Commission being of the 3. The notification on Form 1-A the restrictions of the Buy American Act opinion that the public interest requires to disclose all sales of unrcgiste certain contracts and purchases by the the summary suspension of trading in securities within one year prior to General Services Administration of pe­ such security on the New York Stock filing, and other pertinent informal troleum products and residual fuel oil. Exchange and Detroit Stock Exchange required by Item 9. _ „ „hich Those determinations were rescinded by and that such action is necessary and 4. Offers and sales of securities w Administrative Order No. 236. These appropriate for the protection of inves­ are the subject of the Regulatio determinations are not reinstated by the tors; and offering were made by the *ssuerJ,rjcd cancellation of Administrative Order No. The Commission being of the further to the expiration of the waiting pe 236. opinion that such suspension is necessary prescribed by Rule 255. Thursday, April 16, 1959 FEDERAL REGISTER 2921

B. The offering circular contains un­ 1-A and an offering circular relating to 4. The statements under the caption true statements of material facts, and an offering of 370,000 shares of its “Capitalization of the Company” with omits to state material facts necessary par value common stock, 140,000 of such respect to the number of shares out­ in order to make the statements made, shares to be offered for cash at 35tf per standing and the reference to 230,000 in the light of the circumstances under share or a total of $49,000 and 230,000 shares of treasury stock. which they are made, not misleading, of such shares to be offered as part of 5. The failure to disclose, the net pro­ particularly with respect to: the purchase price for additional oil and duction of crude oil and of natural gas, 1. The failure to disclose the acquisi­ gas leases in the State of Oklahoma, for if any, to the interests owned by the tion of majority interests in companies the purpose of obtaining an exemption issuer by years for the calendar years whose business is different from that in from the registration requirements of 1956 and 1957, and by months for the which it was represented the issuer the Securities Act of 1933, as amended, calendar year 1958 and the months of would engage} pursuant to the provisions of section January and February 1959, shown sep­ 2. The failure to disclose that proceeds 3(b) and Regulation A promulgated arately as to the amounts obtained from of the offering were to be used to ac­ thereunder. royalty interests and from working quire interests in such other business; II. The Commission has reason to be­interests. 3. The failure to disclose the past and lieve that: 6. The failure to disclose the estimated present officers and directors of the A. The terms and conditions of Regu­ proved crude oil reserves net to the is­ issuer; lation A have not been complied with, suer’s interest shown separately as to 4. The list on page 5 of persons hold­ in that: royalty interests and working interests ing stock or having subscribed to stock 1. The issuer has failed to comply with for properties considered developed and in the issuer; Rules 253 (a) and (c) in that escrow undeveloped. 5. The offer and sale of the issuer’s arrangement with an independent escrow 7. The failure to disclose the date of securities at a price different from that agent have not been made with respect acquisition of each of the producing stated in the offering circular. to the shares specified in Rule 253 (c) and properties and each of the non-producing C. The offering would be made in vio­copies of the escrow agreements have properties listed ih the tables in the lation of section ,17 of the Securities not been supplied as an exhibit to the offering circular. Act of 193?, as amended. notification on Form 1-A, as required 8. The statements in the offering cir­ in . It is ordered, Pursuant to Rule 261 by Item 11(h). cular (a) that in the opinion of the presi­ of the general rules and regulations 2. The notification on Form 1-A fails dent of the company the' producing under the Securities Act of 1933, as to disclose the names and addresses of leaseholds would pay out a very substan­ amended, that the exemption under predecessors and affiliates of the'issuer, tial sum of money over a period of a Regulation A be, and it hereby is, tem­ as required by Item 2. * great number of years, (b) that the porarily suspended. 3. The notification on Form 1-A fails president of the issuer was very opti­ Notice is hereby given to W estern to set forth fully the information re­ mistic over the possibilities of the non- Factors, Inc. and to any person having quired by Items 5 and 10 as to the issuer’s producing leaseholds, and (c) that the any interest in the matter, that this predecessors and affiliates. company has leaseholds that can and order has been entered; that the Com­ 4. The notification on Form 1-A fails should be extremely valuable if properly mission upon receipt of a written request to set forth fully the information re­ exploited. within thirty days after entry of this quired by Item 9(b) with respect to 9. The failure to adequately disclose, order will, within twenty days after the transactions ih unregistered securities under the caption “Litigation and Debts” receipt of such request, set the matter of the issuer by or for the account of existing or threatened litigation against down for hearing at a place to be desig­ the persons specified in such item. the company and existing liabilities or nated by the Commission for the purpose 5. The Regulation A exemption is not debts of the company. of determining whether to vacate the available pursuant to Rule 253(d) for 10. The failure to disclose a reasonably order or to enter an "order permanently the proposed cash offering of 140,000 itemized statement of the purposes for suspending the exemption, without p rej­ shares. which the offering is being made and to udice, however, to the consideration and 6. Copies of the governing instruments which the proceeds to the issuer there­ presentation of additional matters at the defining the rights of the 5tf par value from are to be used with the amount to hearing; that if no hearing is requested common stock of the issuer proposed to be used for each such purpose, indicat­ and none is ordered by the Commission, be offered have not been filed as required ing in what order of priority the proceeds “J® order shall become permanent-on the by Item 11(a) of Form 1-A. will be used for the respective purposes. thirtieth day after its entry, and shall B. The offering circular contains un­ 11. The failure to disclose whether or *®utam in effect, unless or until it is true statements of material facts and not any directors, officers, controlling 7*®™ ^ or Yacated by the Commission, omits to state material facts necessary persons or promoters of the issuer have ana that notice of the time and place for in order to make the statements made, any direct or indirect interest, by secu­ bearing will promptly be given by in the light of the circumstances under rity holdings or otherwise, in the issuer the Commissioa which they are made, not misleading, or its operations and properties, or in By the Commission. particularly with respect to: any material transactions between such 1. The failure to disclose with respect persons and the issuer or any of its pred­ [ se al] O r v a l L . D u B o i s , to the cash offering, the cost of such ecessors or affiliates. Secretary. shares to the underwriter, and the profits 12. The failure to include adequate fi­ ■R. Doc. 59-3167; Filed, Apr. 15, 1959; to be realized by the underwriter in con­ nancial information complying with the 8:47 a.m.] nection with the offering. requirements of Item 11 of Schedule I, 2. The failure to disclose with respect and the use of appraisal valuations in to the offering of securities for additional the inadequate financial information properties, information concerning the which is given. [File No. 24FW-1166] terms of any agreements entered into or C. The offering would be made in vio­ EMPIRE o il c o r p . contemplated between the issuer and lation of section 17 of the Securities Act persons to whom such stock is to be of 1933, as amended. J emPorar'ly Suspending issued. III. It is ordered, Pursuant to Rule ^Pbon, Statement of Rea 3. The failure to set forth adequate 261(a) of the general rules and regula­ information concerning the company, its tions under the Securities Act of 1933, as incorporation and prior public offering amended, that the exemption under Reg­ of securities, its operations from incor­ ulation A be, and it is hereby, temporar­ poration to a current date, the transac­ ily suspended. M a S f 6 ° “ C ° ~ n (issue tions whereby control of the company Notice is hereby given that any person With its P ™ has been acquired by the present con­ having any interest in the matter may file New W fiS St 44th « w s t . New ’ trolling group, the cost of such control­ with the Secretary of the Commission a March 17’ iqen Wlth Commissic ling interest to such group and the degree written request for hearing within thirty 17’ 1959 a notification on ] and extent of control so acquired. days after the entry of this order; that 2922 NOTICES

within twenty days after receipt of such National further proposes to make request the Commission will, or at any loans not exceeding $6,900,000 to Iroquois SMALL BUSINESS ADMINISTRA­ time upon its own motion may, set the and $1,200,000 to Pennsylvania. These m atter down for hearing at a place to be loans are to be made from time to time TION designated by the Commission, for the during the period July 1, 1959, through [Declaration of Disaster Area 221] purpose of determining whether this or­ December 31, 1959, and are to be evi­ der of suspension should be vacated or denced by a series of unsecured promis­ ILLINOIS made permanent, without prejudice, sory notes in the amount of $300,000 each however, to the consideration and pres­ in the case of Iroquois and $100,000 each Declaration of Disaster Area entation of additional matters at the in the case of Pennsylvania. The first Whereas, it has been reported that hearing; that if no hearing is requested note in each series will mature on April during the months of March and April and none is ordered by the Commission, 1, 1963. Each succeeding note in each 1959, because of the effects of certain this order shall become permanent on series will mature on April 1, of each suc­ disasters, damage resulted to residences the thirtieth day after its entry and shall ceeding year, with the final serial ma­ and business property located in certain remain in eifect unless or until it is modi­ turity for Iroquois, scheduled for 1985. areas in the State of Illinois; fied or vacated by the Commission, and Pennsylvania’s final serial maturity will Whereas, the Sm all Business Adminis­ that notice of the time and place for any occur in 1974. Each note will bear inter­ tration has investigated and has received hearing will promptly be given by the est at the same rate as that applicable other reports of investigations of condi­ Commission. to National’s companion note with Chase tions in the areas affected; Bank, subject to a subsequent adjust­ By the Commission. Whereas, after reading and evaluating ment to a rate equal to the coupon rate reports of such conditions, I find that the [SEAL] ORVAL L. DUBOIS, applicable to National’s next debenture conditions in such areas, constitute a Secretary. 1 issue. The notes may be prepaid in catastrophe within the purview of the whole or in part without penalty. [F.R. Doc. 59-3168; Filed, Apr. 15, 1959; Small Business Act. 8:48 a.m .] The net proceeds derived by Iroquois Now, therefore, as Administrator of the and Pennsylvania from the sales of their Small Business Administrator, I hereby notes to National, together with funds determine that: available from current operations, are 1. Applications for disaster loans to be used to make additions to their under the provisions of section 7(b) of [File No. 70-3785] utility plants during 1959, estimated at the Small Business Act may be received NATIONAL FUEL GAS CO. ET AL. $9,400,000, to purchase additional gas for and considered by the Office below indi­ underground storage, estimated at cated from persons or firms whose prop­ Notice of Proposed Issue and Sale By $1,000,000, and for other corporate erty situated in the following Counties purposes. Holding Company of Unsecured (including any areas adjacent to said The fees and expenses of National, Counties) suffered damage or other de­ Notes to Banks and Intra-System Iroquois and Pennsylvania are estimated struction as a result of the catastrophe Issuance, Sale and Acquisition of to aggregate $6,800, including fees of hereinafter referred to: counsel aggregating $3,000. Notes Counties: Stephenson and Winnebago Iroquoise has petitioned the Public A p r i l 10, 1959. (Floods occurring on or about March 28, Service Commission of the State of New In the matter of National Fuel Gas through April 4, 1959). York for authority to issue and sell its Office: Small Business Administration Re­ Company, Iroquois Gas Corporation, notes and Pennsylvania has applied to gional Office, 430 Bankers Bunding, 105 West Pennsylvania Gas Company; File No. the Pennsylvania Commis­ Adams Street, Chicago 6, 111. 70-3785. sion for similar authority. Copies of the 2. No special field offices will be estab­ Notice is hereby given that National orders of these commissions are to be Fuel Gas Company (“National”) , a reg­ lished at this time'. supplied by amendment. It is repre­ 3. Applications for disaster loans istered holding company, and two of its sented that no other State commission gas utility subsidiaries, Iroquois Gas under the authority of this declaration and no Federal commission, other than will not be accepted subsequent to Corporation (“Iroquois”), and Pennsyl­ this Commission has jurisdiction over the October 31, 1959. vania Gas Company (“Pennsylvania”) , proposed transactions. have filed with thjs Commission a joint Notice is further given that any in­ Dated: April 6,1959. application-declaration pursuant to the terested person may, not later than April W e n d e l l B. B ar nes, Public Utility Holding Company Act of 27, 1959, request in writing that a hear­ Administrator. 1935 (“Act”), designating sections 6(a), ing be held in respect of such matters, [F.R. Doc. 59-3176; Filed, Apr. 15, 1959; 7, 9(a), 10, 12(b), and 12(f) of the Act stating the nature of his interest, the 8:48 a.m .] and Rules 43 and 45 promulgated there­ reasons for such request, and the issues under as applicable to proposed transac­ of fact or law raised by the joint appli­ tions which are summarized as follows: cation-declaration which he desires to National proposes to borrow, from controvert, or he may request that he be INTERSTATE COMMERCE time to time during the period July 1, notified should the Commission order a 1959 through December 31, 1959, not in hearing thereon. Any such request COMMISSION excess of $8,100,000. from The Chase should be addressed: Secretary, Securi­ [Notice 81] Manhattan Bank (“Chase Bank”) pur­ ties and Exchange Commission, Wash­ suant to a Credit Agreement dated Feb­ ington 25, D.C. At any time after said OTOR CARRIER ALTERNATE ROUTE ruary 16, 1959. Each borrowing is to be date the joint application-declaration as DEVIATION NOTICE evidenced by an unsecured promissory filed, or as it may be hereafter amended, A p r i l 10, 1959. note to be dated as of the date of issue, may be granted and permitted to be­ to mature on July 1, 1961 and to bear come effective as provided by Rule 23 The following letter-notices of Po­ interest at the prime commercial rate of promulgated under the Act, or the Com­ sais to operate over deviation ro Chase Bank in force on the date of issue mission may grant exemption from its r operating convenience only of each note. The notes may be prepaid rules under the Act as provided by Rules rvice at intermediate points have De in whole or in part without penalty, un­ 20(a) and 100 thereof, or take such other ed w it h th e In t e r s t a t e C om m erce Com­ less any such prepayment results directly action as it may deem appropriate. ission, under the Commission s specw or indirectly from the proceeds of, or in les revised, 1957 (49 CFR g U W By the Commission. anticipation of, any bank borrowing ) ) and notice thereof to all int.erff 'in other than from Chase Bank, in which [ s e a l ] O r v a l L. DuBois, rsons is hereby given as provided m event National will pay a premium of Secretary. ch ru le s (49 C FR 211.1(d) (4) ). Protests against the use of any P . V2 of 1 percent on the principal sum so [F.R. Doc. 59-3169; Filed, Apr. 15, 1959; prepaid. 8:48 a.m .] Thursday, April 16, 1959 FEDERAL REGISTER 2923 may be filed with the Interstate Com ­ 111. # Carrier proposes to operate as a way 49 to junction Ohio Highway 113, merce Commission in the manner and common carrier by* motor vehicle of gen­ thence over Ohio Highway 113 to junc­ form provided in such rules (49 C FR eral commodities, with certain excep­ tion Ohio Highway 15, thence over Ohio 211.1 (e)) at any time but will not operate tions, over a deviation route, between Highway 15 to junction Ohio Highway 12, to stay commencement of the proposed Denver, Colo., and junction U.S. High­ thence over Ohio Highway 12 to junction operations unless filed within 30 days ways 85 and 87, at or near Rock, U.S. Highway 20, and return over the from the date of publication. Colo., as follows: From Denver over V a l­ same route, for operating convenience Successively filed letter-notices of the ley Highway to junction U.S. Highway only, serving no intermediate points. same carrier under the Commission’s 87, thence over U.S. Highway 87 to junc­ The notice indicates that the carrier is deviation rules revised, 1957, will be tion U.S. Highway 85 and return over presently authorized to transport the numbered consecutively for convenience the same route, for operating conven­ same commodities from junction U.S. in identification and protests if any ience only, serving no intermediate Highway 24 and Ohio Highway 49 over should refer to such letter-notices by points. The notice indicates that the U.S. Highway 24 to junction U.S. High­ number. carrier is presently authorized to trans­ way 20, thence over U.S. Highway 20 to port the same commodities between Den­ junction Ohio Highway 12, and return M otor C a r r ie r s o p P r o p e r t y ver and Castle Rock over U.S. Highway over the same route. 85. No. MC 1124 (Deviation No. 2), H ER­ By the Commission. RIN TRANSPORTATION COMPANY, No. MC 38565 (Deviation No. 1), H AR­ 2301 McKinney Avenue, Houston, Tex., RIS MOTOR EXPRESS, INC., 890 [ s e a l ] H a r o l d D . M c C o y , filed March 27, 1959. C arrier proposes Charlestown Road, Martinsburg, W. Va., Secretary. to operate as a common carrier by motor filed April 3, 1959. Attorney for said [F.R. Doc. 59-3131; Filed, Apr. 15, 1959; vehicle of general commodities, with cer­ carrier, A. Allan Polakoff, 2019 Mary­ 8:45 a.m .] tain exceptions, over a deviation route, land Avenue, Baltimore, Md. Carrier between Baton Rouge, La., and Mobile, proposes to operate as a common carrier Ala., as follows: From Baton Rouge over by motor vehicle of general commodities, Louisiana Highway 37 to junction Lou­ with certain exceptions, over a deviation [N otice 7] isiana Highway 16, thence over Louisi­ route, between Martinsburg, W . Va., and ana Highway 16 to junction Louisiana Frederick, Md., as follows: From Mar­ APPLICATIONS FOR MOTOR CARRIER Highway 10, thence over Louisiana tinsburg over West Virginia Highway 9 CERTIFICATE OR PERMIT COVER­ Highway 10 to the Louisiana-Mississippi to Keameysville, W. Va., thence over ING OPERATIONS COMMENCED State line (also from Baton Rouge over West Virginia Highway 48 to Sheperds- DURING “INTERIM” PERIOD TJ.S. Highway 190 to Covington, La., town, W. Va., thence over Maryland thence over Louisiana Highway 21 to the Highway 34 to Boonsboro, Md., thence A p r i l 10, 1959. said State line), thence over Mississippi over U.S. Highway 40-A to junction U.S. Applications for motor carrier certifi­ Highway 26 to Lucedale, Miss., thence Highway 40, thence over U.S. Highway 40 cate or permit covering operations com­ over U.S. Highway 98 to Mobile, and re­ to Frederick and return over the same menced during the “interim” period, turn oyer the same route, for operating route, for operating convenience only, after M ay 1,1958, but on or before August convenience only, serving no interme­ serving no intermediate points. The 12, 1958. diate points. The notice indicates that notice indicates that the carrier is pres­ The following applications and certain the carrier is presently authorized to ently authorized to transport the same other procedural matters relating thereto transport the same commodities between commodities from Martinsburg over West are filed under the “interim” clause of Baton Rouge and La Place, La., over Virginia Highway 9 to junction U.S. section 7(c) of the Transportation Act U S. Highways 61 and 65; between L a Highway 340 and thence over U.S. High­ of 1958. These matters are governed by Place, La., and New Orleans, La., over way 340 to Frederick, and return over the Special Rule § 1.243 published in the u.S. Highway 61; and between New O r­ same route. F e d e r a l R e g is t e r issue of January 8, leans and Jacksonville, Fla., over U.S. No. MC 109095 (Deviation No. 1), AN­ 1959, page 205, which provides, among Highway 90. DERSON MOTOR SERVICE, INC., 1516 other things, that this publication con­ No. MC 30605 (Deviation No. 2), TH E North 14th Street, St. Louis 6, Mo., filed stitutes the only notice to interested per­ ^N TE FE TRAIL T R A N S P O R T A T IO N March 30, 1959. Carrier proposes, to sons of filing that will be given; that ap­ OMp a n y , 433 East Waterman, Wichita operate as a common carrier by motor propriate protests to an application } ’ Kans-> filed April 1, 1959. Attorney vehicle of general commodities, with cer­ (consisting of an original and six copies an r * carrier> Francis J. Steinbrecher, tain exceptions, over a deviation route, each) must be filed with the Commis­ aast Jackson Boulevard, Chicago 4, between junction U.S. Highway 6 and sion at Washington, D.C., within 30 days ‘ Carrier proposes to operate as a U.S. Highway 24 and junction U.S. High­ from the date of this publication in the co m m o n carrier by motor vehicle of gen- way 6 and U.S. Highway 20, as follows: F e d e r a i; R e g is t e r ; that failure to so file tinnc cornrn°dities, with certain excep- From junction U.S. Highway 6 and U.S. seasonably will be construed as a waiver Tnko ™e,r a fixation route, between Highway 24 over U.S. Highway 6 to of opposition and participation in such Frnm’ rpTi3"’ and Joplin, Mo., as follows: junction U.S. Highway 20, and return proceeding, regardless of whether or not exnrpcoTulsa,over 51st Street by-pass over the same route, for operating con­ an oral hearing is held in the matter; TtSS,junction Will Rogers venience only, serving no intermediate and that a copy of the protest also shall n K r ; i he ~ce over w m Rogers T u rn - points. The notice indicates that the be served upon applicant’s representa­ linp 0klahoma-Missouri State carrier is presently authorized to trans­ tive (or applicant, if no practitioner rep­ P r e s iT °ve* U-S- Highway 166 ex­ port the same commodities from junction resenting him is named in the notice of same rmita ^0plin and return over the U.S. Highway 6 and UB. Highway 24 filin g ). only for °Perating convenience over U.S. Highway 24 to junction U.S. These notices reflect the operations The nntw>UlS.j-no intermediate points. Highway 20, and thence over U.S. High­ described in the applications as filed on Present.lv Qfl^ lca.^es that the carrier is way 20 to junction U.S. Highway 6, and or before the statutory date of December same comm^r!?nzed to transport the return over the same route. 10, 1958. HighwaTlfi?1^16? from Tuisa over U.S. No. MC 109095 (Deviation No. 2), A N ­ No. MC 3281 (Sub No. 2), filed Decem­ 166, thenpp9 Junci'i°n U.S. Highway DERSON MOTOR SERVICE, INC., ber 9, 1958. Applicant: JACK F. WcSrus ?-s- Highway 166 to 1516 North 14th Street, St. Louis 6, Mo., POWELL AND C. K. POWELL, doing U-S. Highway ?RSt Wary ?6, thence over filed March 30, 1959. Carrier proposes business as POWELL TRUCK LINE, to operate as a common carrier by motor Searcy, Ark. Applicant’s attorney : Louis ov£ the same route. P * End retUrn vehicle of general commodities, with cer­ Tarlowski, Rector Building, Little Rock, SAl?rEFE3SATTDS (ati0n N o - 3 )> T H E tain exceptions, over a deviation route, Ark. Authority sought under section 7 COMPANY ^ ransportation between junction U.S. Highway 24 and of the Transportation Act of 1958 to 1. Kansfiied3f asi ^ aterman* Wichita Ohio Highway 49 and junction Ohio operate as a common carrier, by motor ^said c a lit A^ nl 3/ 1959- Attorney Highway 12 and U.S. Highway 20, as vehicle, over irregular routes, transport­ 80 East JacksonPi?nKansas, Louisiana, Kentucky, Maine, regular routes, transporting: Frozen from Charleston, S.C., Mobile, Ala., Maryland, Massachusetts, Michigan, fruits, frozen berries and frozen vege­ Tampa and Miami, Fla., and New Or­ Minnesota, Missouri, Nebraska, New tables, in straight and mixed loads with leans, La., to points in South Carolina, Jersey, New York, North Carolina, Ohio, certain exempt commodities from points North Carolina, Virginia, Georgia, Flor­ Pennsylvania, Rhode Island, South Car­ in Washington to points in Oregon and ida, Alabama, Louisiana and Tennessee. olina, Texas, Vermont, Virginia, Wis­ California. consin, and West Virginia. N o te: Applicant conducts operations un­ No. M C 115841 (Sub No. 48) (REPUB­ N o t e : Applicant states that fish and sea­ der the partial exemption of section 206(a) LICATION) , filed December 8,1958, pub­ food were transported in mixed shipments (1) of the Act by virtue of a Form BMC 75 F ederal R egister April 2, with the above commodities. filing assigned Docket No. MC 11344 (Sub lished issue of No. 2)-. 1959, at page 2575. Applicant: COLO­ No. MC 118108 (Sub No. 1), filed De­ NIAL REFRIGERATED TRANSPORTA­ cember 8, 1958. Applicant: SAMUEL No. MC 26377 (Sub No. 9), filed De­ TION, INC., 1215 Bankhead Highway RUBIN, doing business as IDEAL cember 5, 1958. Applicant: LEONARDO West, Birmingham, Ala. Grandfather FRUIT CO., 27 Forester Avenue, W ar­ TRUCK LINES, INC., Route No. 1, authority sought under section 7 of the wick, N.Y. Applicant’s attorney: Martin Granger, Wash. Applicant’s attorney: Transportation Act of 1958 to continue Werner, 295 Madison Avenue, New York Don M. Tunstall, 1016 Larson Building, to operate as a common carrier, by 17, N.Y. Authority sought under section Yakima, Wash. Grandfather authority motor vehicle, over irregular routes, 7 of the Transportation Act of 1958 to sought under section 7 of the Transpor­ transporting: Frozen fruits, frozen ber­ operate as a common carrier, by motor tation Act of 1958 to continue to operate ries, frozen vegetables, coffee beans, vehicle, over irregular routes, transport­ as a common carrier, by motor vehicle, bananas, and certain exempt commodi­ ing : Bananas, and certain exempt com­ over irregular routes, transporting: ties in full loads and mixed shipments, modities, in mixed shipment and straight Frozen fruits, frozen berries and frozen from points in Alabama, Arkansas, Cali­ shipment, between Mt. Kisco, N.Y., and vegetables, between points in Washing­ fornia, Florida, Georgia, Illinois, Indi­ points in New Jersey. ton, Idaho, Oregon, and California. ana, Kentucky, Louisiana, M a in e , No. MC 78728 (Sub No. 2), filed De­ Maryland, Massachusetts, Michigan, By the Commission. cember 10, 1958. Applicant: EVERETT Minnesota, Mississippi, Missouri, New [ s e a l ] H arold D . M cC o y , EXPRESS, INC., P.O. Box 323, Tarboro, Jersey, New York, North Carolina, Ohio, Secretary. N.C. Grandfather authority sought Pennsylvania, South Carolina, Tennes­ under section 7 of the Transportation- IF.R. Doc. 59-3132; Filed, Apr. 15, 1959; see, Texas, Virginia, W est Virginia., ana 8:45 a.m .] Act of 1958 to continue to operate as a Delaware, to points in Alabama, Arizona, common carrier, by motor vehicle, over Arkansas, California, Colorado, Connect­ irregular routes, transporting: Bananas, icut, Delaware, Florida, Georgia, Illino . from Baltimore, Md., Charleston, S.C., Indiana, Iowa, Kansas, Kentucky, Loui­ [Notice 13] New York, N.Y., and Philadelphia, Pa., siana, Maine, Maryland, Massachus . to Wilson, N.C., and Norfolk, Va. APPLICATIONS FOR MOTOR CARRIER Michigan, Minnesota, Mississippi, Mis­ N o t e : Applicant states that Everetts Motor souri, Nebraska, New Hampshire wew “ GRANDFATHER” CERTIFICATE OR Line of Conetoe, N.C., Docket No. MC 4388, Jersey, New Mexico, New York, Nortn PERMIT is owned jointly by the owners of applicant; Carolina, Ohio, Oklahoma, Pennsylv • A p r il 10,1959. therefore, common control may be involved. Rhode Island, South Carolina, Tennes The following applications and certain No. MC 109994 (Sub No. 16), filed N o ­ see, Texas, Vermont, Virginia, West other procedural matters relating thereto vember 28, 1958. Applicant: OREN M. o-i-ma Wisconsin, and the District are filed under the “grandfather” clause SIZER, doing business as SIZER GRAIN ilumbia. . oo of section 7(c) of the Transportation Act SERVICE, 407 Fourth Avenue SE., No. M C 117916, filed November ^ 58. Applicant: ALEX BUCHHOL£ of 1958. These matters are governed by Rochester, Minn. Applicant’s attorney: s[D S A M U E L BUCH H OLZ, doing** Special Rule § 1.243 published in the F ed ­ Claude J. Jasper, One West Main Street, eral R eg ister issue of January 8, 1959, Madison 3, Wis. Grandfather authority ss as, B. & S. T R U C K IN G * page 205, which provides, among other sought under section 7 of the Transpor­ JCHHOLZ TRUCKING, 204 TEW&* reet, New Y ork 13, N. Y . APPhcan things, that this publication constitutes tation Act of 1958 to continue to operate the only notice to interested persons of as a common carrier, by motor vehicle, torney: Martin Werner, 295 filing that will be given; that appropriate over irregular routes, transporting: renue, New York 17, N .Y . O & a f S ff * ithority sought under section 7 * e protests to an application (consisting of Frozen vegetables, wool imported from ___ i.i:__iosa t,o contins an original and six copies each) must be any foreign country, wool tops and noils, Thursday, A pril 16, 1959 FEDERAL REGISTER 2925 to operate as a common carrier, by motor tables and fruits, such as beans, carrots, po­ routes, transporting: Frozen fruits, tatoes, onions, lettuce, celery, corn, ruta­ vehicle, over irregular routes, transport­ frozen berries, frozen vegetables, coffee bagas, cabbage, cauliflower, cucumbers, and beans, and bananas, and certain exempt ing: Frozen fruits, frozen berries and other miscellaneous vegetables and fruits commodities, in mixed and straight frozen vegetables, between points in New along with peat moss or humas are trans­ York, Pennsylvania, New Jersey, and ported with the chief return movement, shipments, between points in New York, Connecticut. namely the same type of produce and empty New Jersey, and Pennsylvania.^ No MC 117973, filed December 3,1958. containers that held such produce to its No. M C 118115, filed December 7,1958. Applicant: PETER A D E N T A N D H A T ­ destination; at times, fresh and frozen fruits, Applicant: VIRGIL M. JENKINS, doing TIE ADENT, doing business as H. J. A. vegetables, and berries are hauled in the business as JENKINS TRUCK LINE, same vehicle. Applicant therefore requests PRODUCE, Box 119-A, Route No. 2, B er­ 1805 Vz Jackson, Kansas City, Missouri. that any authority granted applicant au­ Applicant’s attorney: Lowell L. Knip- rien Springs, Mich. G randfather au­ thorize the continuance of such service. thority sought under section 7 of the meyer, Waltower Building, Kansas City Transportation Act of 1958 to continue to No. M C 118045, filed December 5, 1958. 6, Mo. Grandfather authority sought operate as a common carrier, by motor Applicant: ALBANY FOOD PRODUCTS, under section 7 of the Transportation vehicle, over Irregular routes, transport­ INC., 745 W est 30th, Albany, Oreg. Act of 1958 to continue to operate as a ing: Frozen fruits, frozen berries, frozen Grandfather authority sought under sec­ common carrier, by motor vehicle, over vegetables, coffee beans, and bananas, in tion 7 of the Transportation Act of 1958 irregular routes, transporting: Frozen straight and in mixed loads with certain to continue to operate as a common car­ fruits, frozen berries, frozen vegetables, exempt commodities, from New York, rier, by motor vehicle, over irregular and bananas, between points in Wash­ N.Y., Baltimore and Salisbury, Md., N o r­ routes, transporting: Frozen fruits, ington, Oregon, Idaho, California, Flor­ folk, Va., Bridgeton, N.J., and Rehoboth frozen berries, and frozen vegetables, be­ ida, Nebraska, Iowa, Missouri, Kansas, Beach, Del., to Pittsburgh, Pa., Akron, tween points in California, Washington, Arkansas, Oklahoma, and Texas. • Cleveland, Columbus, Mansfield, Spring- and Oregon (including Corvallis). No. M C 118120, filed December 8,1958. field, and Toledo, Ohio, Indianapolis, No. M C 118083, filed December 8, 1958. Applicant: W. L. JUSTICE, 1300 French Port Wayne, Lafayette, and Vincennes, Applicant: DARNELL & COMPANY, a Avenue, Sanford, Fla. Grandfather au­ Ind., Chicago, HI., Milwaukee and M adi­ Corporation, 142 Madison Street, Jack­ thority sought under section 7 of the son, Wis., and St. Paul, Minn. sonville, Fla. Applicant’s attorney: Transportation Act of 1958 to continue No. MC 117975, filed December 3, 1958. William A. Hamilton, Barnett National to operate as a common carrier, by motor Applicant: P. G. H UTC H INS, 612 Oxford Bank Building, Jacksonville 2, Fla. vehicle, over irregular routes, transport­ Street, Houston 7, Tex. Grandfather Grandfather authority sought under ing: Bananas, from Miami and Tampa, authority sought under section 7 of the section 7 of the Transportation £ct of Fla., New Orleans, La., and Charleston, Transportation Act of 1958 to continue 1958 to continue to operate as a common S.C., to points in Georgia, North Caro­ to operate as a common carrier, by motor carrier, by motor vehicle, over irregular lina, and South Carolina. vehicle, over irregular routes, transport­ routes, transporting: Bananas, from No. M C 118123, filed December 7,1958. ing: Bananas, from Galveston, Browns­ Tampa and Miami, Fla., to Cincinnati, Applicant: W. H. KALE AND THOMAS ville, and Houston, Tex., New Orleans, Canton, and Toledo, Ohio, Paintsville KALE, doing business as THOMAS La., and Tampa, Fla., to points in A la ­ and Louisville, Ky., Pittsburgh, Pa., KALE TRUCKING, 1500 South Zarza- bama, Arizona, Arkansas, California, Nashville and Murfreesboro, Tenn., more Street, San Antonio, Texas. Apr Colorado, Florida, Illinois, Iowa, Kansas, Goldsboro, N.C., Atlanta, Ga., Jackson­ plicant’s attorney: Robert L. Strickland, Louisiana, Michigan, Minnesota, Missis­ ville, Fla., St. Louis, Mo., and Columbia, 715 Frost National Bank Building, San sippi, Missouri, New Mexico, Oklahoma, S.C. Antonio 5, Texas. Grandfather author­ Tennessee, and Texas. No. M C 118099, filed December 9, 1958. ity sought under section 7 of the Trans­ No. MC 117976, filed December 1, 1958. Applicant: W. E. FRICKE CO., INC., portation Act of 1958 to continue to op­ Applicant: GILBERT La BAIR, doing Box 149, Fredericksburg, Tex. Appli­ erate as a common carrier, by motor business as LA B A IR T R U C K IN G , 14997 cant’s attorney: Robert L. Strickland, vehicle, over irregular routes, transport­ Ijhlay City Road, Box 277, Capac, 715 Frost National Bank Building, San ing: Frozen fruits, frozen berries, frozen Mich. Applicant’s attorney: W ilhelm ina Antonio 5, Tex. Grandfather authority vegetables, cocoa beans, coffee beans, tea, Boersma/ 2850 Penobscot Building, D e­ sought under section 7 of the Transpor­ bananas, hemp, wool imported from any troit 26, Mich. Grandfather authority tation Act of 1958 to continue to operate foreign country, wool tops and noils, and sought under section 7 of the Trans­ as a common carrier, by motor vehicle, wool waste (carded, spun, woven, or portation Act of 1958 to continue to op­ over irregular routes, transporting: knitted), in straight and in mixed loads erate as a common carrier, by motor Frozen fruits, ~ frozen berries, frozen with certain exempt commodities, be­ w p over *rr®sular routes, transport­ vegetables, cocoa beans, coffee beans, tween points in Alabama, Arizona, Ar­ in ’/T?2eri lru^ s> frozen berries, frozen tea, bananas, hemp, wool, imported from kansas, California,, Colorado, Georgia, rrnu i^3, iea a™* bananas, and certain any foreign country, wool tops and Idaho, Illinois, Iowa,‘Kansas, Louisiana, exempt commodities in mixed shipments noils, and wool waste (carded, spun, Minnesota, Missouri, Montana, Nebraska, inskateht shipments, from points woven or knitted), and certain exempt New Mexico, North Carolina, North Da­ m Michigan on and east of U.S. Highway commodities in mixed and straight kota, Nevada, Oklahoma, Oregon, South wav ifl0n a?d south of M ichigan H igh - shipments, between points in Alabama, Carolina, South Dakota, Texas, Utah, Yorir frQIh St. Louis, Mo., New Arkansas, Arizona, California, Colorado, Virginia, Washington, Wisconsin, and Kearnav‘Y;; t80^ Bend’ IrLd- South Connecticut, District of Columbia, Flor­ Wyoming. within Jhaf?'' Clucag0* El., and points ida, Georgia, Idaho, Illinois, Indiana, No. MC 118163 (Republication), filed defined ?v S?mi?ercial Z °nes of each* as Iowa, Kansas, Kentucky, Louisiana, December 8, 1958, published issue of Michigan^ Commission, to points in Michigan, Minnesota, Mississippi, Mis­ March 26, 1959. Applicant: HOOSIER S 3 m £ L ?hl0’ Indiana, Illinois, New souri, Montana, Nebraska, New York, PRODUCE CO., INC., 4101 Massachu­ 10 Lo f ille 63kT aS d f en?sylvanfia, and North Carolina, North Dakota, Ohio, setts Avenue, Indianapolis, Ind. Appli­ City.Mo ,St> Loms and Kansas Oklahoma, Oregon, Pennsylvania, South cant’s attorney: John E. Lesow, 3737 N •. Milwaukee and Madison, W is. Carolina, South Dakota, Tennessee, North Meridian Street, Indianapolis 8, Nations states that seasonal op- Texas, Utah, Virginia, Washington, West Ind. Grandfather authority sought un­ Virginia, Wisconsin, and Wyoming. der section 7 of the Transportation Act ^onths betwee?dTlCted f0r hire durinS the elusive of ewn J uary 1 and M aY 8 1 , in - No. M C 118108, filed December 8, 1958. of 1958 to continue to operate as a com­ Applicant: SAMUEL RUBIN, doing busi­ mon carrier, by motor vehicle, over ir­ ness as IDEAL FRUIT CO., 27 Forester regular routes, transporting: Bananas, *** berries a rT lV *Zen fruits> vegetables, Avenue, Warwick, N.Y. Applicant’s (1) between South Atlantic, North At­ ^ t i e s ■ PrinClpal com- attorney: Martin Werner, 295 Madison lantic, and Gulf Ports and points in the 7" esgs. fresh nnW return m ovem ents Avenue, New York 17, N.Y. Grand­ United States, including the District of iruit. and vegetable 5rozei1' frozen berries, ^ u sfre sh S ? ! ’ bananas- and miscella- father authority sought under section 7 Columbia and the new State of Alaska, further states t,h n-T >5 veSetables. Applicant of the Transportation Act of 1958 to and (2) between points in the United <*««**31 Between June 1 and D e- continue to operate as a common car­ States including the District of Colum­ r. inclusive of each year, fresh vege­ No. 74- rier, by motor vehicle, over irregular bia and the new State of Alaska. 2926 NOTICES

No. M C 118169, filed December 8,1958. and fresh vegetables in the same vehicle irregular routes, transporting: Frozen Applicant: S E P T IM U S J. M acPH EE, do­ with bananas, frozen fruit, frozen vege­ fruits, frozen berries, frozen vegetables, ing business as MacPHEE’S TRANSFER, tables and/or frozen berries. coffee beans, bananas and hemp, from Souri, Prince Edward Island, Canada. No. M C 118207, filed December 8, 1958. Knoxville, Bell, Syresburg, Nashville, Applicant’s attorney: Francis E. Barrett, Applicant : PAUL E. SCOTT, doing busi­ Chattanooga and Bolivar, Tenn., Cam­ Jr., 7 Water Street, Boston 9, Mass. ness as SCOTT TRUCK LINE, 321 East bridge, Md., Watsonville, Calif., Poncha- Grandfather authority sought under 13th Street, Hutchinson, Kans. A ppli­ toula and New Orleans, La., Miami, Fla., section 7 of the Transportation Act of cant’s attorney: J. Wm. Townsend, 641 N ew York, N.Y., Cincinnati, Ohio, and 1958 to continue to operate as a common Harrison Street, Topeka, Kans. Grand­ Hickory, N.C., to Chicago and Peoria, 111., carrier, by motor vehicle, over irregular father authority sought under section 7 Philadelphia, Scranton, and Pittsburgh, routes, transporting: Frozen fruits, fro­ of the Transportation Act of 1958 to Pa., Lubbock, Tex., New York, Bronx, zen berries, and bananas, from Boston, continue to operate as a common car­ Buffalo, Syracuse, Clairmont, and Brock- Mass., to Ports of Entry on the boundary rier, by motor vehicle, over irregular port, N.Y., Atlanta, Monticello, and between the United States and Canada, routes, transporting: Frozen fruits, fro­ Gainesville, Ga., Richmond, Norfolk, in Maine (destined for points in Prince zen berries, frozen vegetables, and ba­ Roanoke, Williamsburg, and Winchester, Edward Island, Canada). Applicant in­ nanas, from points in Oregon, Washing­ Va., Jackson and Hattiesburg, Miss., dicates it also seeks authority to con­ ton, California, Utah, and Idaho to Landover and Baltimore, Md., Alameda, tinue the transportation of fresh fruits points in Oklahoma, Kansas, and Mis­ Santa Marie, and Los Angeles, Calif., and vegetables in mixed shipments with souri. Applicant indicates he also seeks Columbia and Anderson, S.C., New the above-described commodities. authority to continue to transport the Orleans and Shreveport, La., Birming­ No. M C 118192, filed December 8, 1958. above-specified commodities in the same ham, Gadsden, Anniston, Tuscaloosa, Applicant: PRODUCE HAULERS, INC., vehicle and at the same time with exempt and Mobile,, Ala., Memphis, Chattanooga, 273 Forester Avenue, Warwick, N.Y. Ap­ commodities, namely, unmanufactured Nashville, and Knoxville, Tenn., Little plicant’s attorney: Martin Werner, 295 agricultural and horticultural commod­ Rock and Fort Smith, Ark., Charlotte, Madison Avenue, New York 17, N.Y. ities and fish. Biltmore, Raleigh, and Greensboro, N.C., Grandfather authority sought under sec­ No. M C 118238, filed December 8,1958. W atertown and Boston, Mass., and Jer­ tion 7 of the Transportation Act of 1958 Applicant: B. WILLEFORD, doing busi­ sey City, Newark, Bayonne, and Kearny, to continue to operate as a common car­ ness as VALLEY TRUCK SERVICE, P.O. N.J. rier, by motor vehicle, over irregular Box 243, Woodbum, Oreg. Grandfather No. M C 118286, filed December 10, routes, transporting: Bananas, between authority sought under section 7 of the 1958. Applicant: EVERETT FRED­ Philadelphia, Pa., Baltimore, Md., and Transportation Act of 1958 to continue R IC K S O N , 925 W est 33d Street, Salt points in New York and New Jersey. to operate as a common carrier, by motor Lake City, Utah. Applicant’s attorney: No. M C 118202, filed December 8,1958. vehicle, over irregular routes, transport­ Bartly G. McDonough, 10 Executive Applicant: SCHULTZ TRANSIT, INC., ing : Frozen fruits, frozen berries, frozen Building, 455 East Fourth South, Salt P.O. Box 387, Rochester, Minn. Appli­ vegetables, and certain exempt commod­ Lake City 11, Utah. Grandfather au­ cant’s attorney: Hoyt Crooks, 842 Ray­ ities, in mixed and in straight shipment, thority sought under section 7 of the mond Avenue, St. Paul . 14, Minn. from points in Washington, Oregon and Transportation Act of 1958 to continue to Grandfather authority sought under California, to points in Washington, operate as a common carrier, by motor section 7 of the Transportation Act of Oregon, Idaho, Nevada, and California. vehicle, over irregular routes, transport­ 1958 to continue to operate as a common No. M C 118247, filed December 9,1958. ing: Frozen fruits, frozen berries, frozen carrier, by motor vehicle, over irregular Applicant: L. D. ATKINS, doing busi­ vegetables and bananas, between points routes, transporting: Frozen fruits, ness as WISCONSIN DAIRY PRODUCTS in California, Utah and Idaho. Appli­ frozen berries and frozen vegetables, COMPANY, 2906 Sale Street, Dallas 19, cant states that exempt commodities from points in California to points in Tex. Grandfather authority sought under section 203(b) (6) of part H of the Minnesota, Iowa and Wisconsin. From under section 7 of the Transportation Interstate Commerce Act, as amended by Saginaw, Mich., to Madison, Wis. From Act of 1958 to continue to operate as a section 7(a) of the Transportation Act of Oakland, Calif., to Sioux Falls, S. Dak. common carrier, by motor vehicle, over 1958, were transported with the above Frozen fruits and frozen berries, from irregular routes, transporting: Frozen commodities in mixed shipments, and points in Wisconsin and Michigan to fruits, frozen berries, frozen vegetables, also seeks authority to continue the points in California. Frozen fruit, from and bananas, from Brownsville and Gal­ operation. points in Washington, Pennsylvania, and veston, Tex., to points in Texas, Okla­ No. M C 118350, filed December 10, Winchester, Va., to points in Minnesota, homa, Kansas, Iowa, Michigan, Missouri, 1958. Applicant: W. F. RAUSCH, 7742 Iowa and Wisconsin. From Frankfort, Illinois, Wisconsin, and Minnesota. Southern, Houston 17, Tex. Appli­ Mich, to St. James, Minn., from Arling­ No. M C 118255, filed December 9,1958. cant’s attorney: Joe G. Fender, Melrose ton, Minn., to Kansas City, Kans. Applicant: VICTORL. EDWARDS, doing Building, Houston 2, Tex. Grandfather Frozen berries, from points in California business as DIXIE TRUCK SERVICE, authority sought under section 7 of the Transportation Act of 1958 to continue to points in Missouri and Pennsylvania. P.O. Box 128, Garden City, Ala. Appli­ From Boston, Mass., to St. Paul, Minn. cant’s representative: Wade H. Brown, to operate as a common carrier, by motor vehicle, over irregular sroutes, transport­ Bananas, from points in Louisiana, Flor­ Traffic Mgr., Motor Carrier Consultants, ing: Bananas, from points in Alabama, ida, and Texas to points in Minnesota 2031 Ninth Avenue, South, Birmingham and Iowa. Wool imported from any 15, Ala. Grandfather authority sought Mississippi, Louisiana, and Texas w> points in Texas, New Mexico, Tennessee, foreign country, wool tops and noils, and under section 7 of the Transportation Illinois, Indiana, Arkansas, Missouri. wool waste (carded, spun, woven, or Act of 1958 to continue to operate as a Iowa, Minnesota, Nebraska, an knitted), from points on the Eastern common carrier, by motor vehicle, over seaboard in Massachusetts, New York, irregular routes, transporting: Frozen Oklahoma. No. M C 118675 (REPUBLICATION), N ew Jersey, Rhode Island, Delaware, and fruits, frozen berries, and frozen vege­ filed November 24, 1958, published iss Philadelphia, Pa., to points in Minnesota, tables, between points in southeastern of April 8, 1959. Applicant: HERMAN Iowa, Wisconsin, Michigan, and Illinois. and far western states, namely points in RIVAS, JAIME GIRON AND WALTEK From points in Illinois, Wisconsin, and the United States except those in Maine, RAMIREZ, doing business as R. ■ Omaha, Nebr., to points in Minnesota, New Hampshire, Vermont, and the Dis­ T R U C K IN G , 470 G rand Avenue, Nogaies, Wisconsin, Massachusetts, and New trict of Columbia. Ariz. Grandfather authority sous York. And also, applicant seeks author­ No. M C 118284, filed December 10,1958. under Section 7 of the Transportation ity to continue to engage in the trans­ Applicant: R. J. & C. W. FLETCHER, Act of 1958 to continue to operate as portation of certain exempt commodities INC., Lenoir City, Tenn. Applicant’s at­ common and contract carrier, by at in mixed or in straight loads with the torney: Frank B. Creekmore, 9th Floor vehicle, over irregular routes, transpu above-specified commodities, namely, Bank of Knoxville Building, Knoxville 2, ing: Bananas, between Tucson ana eggs, poultry, and domestic wool and Tenn. Grandfather authority sought gales, Ariz., and Los Angeles, cam. other wool products of exempt status in under section 7 of the Transportation the same vehicle with wool described Act of 1958 to continue to operate as a N o t e : Previous publication to^cated ^ subiect anDlication was not timely above, and fresh fruits, fresh berries, common carrier, by motor vehicle, over Thursday, A pril 16, 1959 FEDERAL REGISTER 2927

Section 7 of the Transportation Act of 1958, UL, of Certificate No. MC 114177 issued transfer to Vrable Motor Lines, Inc., of and for that reason was being handled under June 24, 1954, to Consolidated Excavat­ Norfolk, Va., of Permits Nos. MC 107422 the applicable provisions o f P a rt I I of the ing and Trucking Co., Inc., of Thornton, issued June 30, 1947, and M C 107422 Sub Interstate Commerce Act. Further investi­ 111., authorizing the transportation of gation reveals that applicant had tendered 1, M C 107422 Sub 2 and M C 107422 Sub an application which was received November road paving material, street paving ma­ 3, all issued December 12, 1949, to Emily 24, 1958. For that reason, the application terial and highway paving material, over M. Vrable, doing business as Vrable has been accepted and is being processed irregular routes, between Chicago, 111., Motor Lines of Norfolk, Va., authorizing as a request for the issuance of a permit to on the one hand, and, on the other, points the transportation of malt beverages, continue operations under Section 7 o f the in Indiana within 75 miles of Chicago, over irregular routes, from Norfolk, Va., Transportation Act of 1958. 111. Carl L. Steiner, 39 South La Salle to points in North Carolina; from Mon­ HEARING: Remains as assigned June Street, Chicago 3, 111. roe, N.C., to points in Virginia, South 8,1959, at the Arizona Corporation Com ­ No. MC-FC 61928. By order of April Carolina, and Georgia; from Norfolk, mission, Phoenix, Ariz., before Joint 8.1959, the Transfer Board approved the Va., to points in North Carolina, South Board No. 47, or if the Joint Board waives transfer to Guenin Trucking, Inc., W a­ Carolina, and Georgia; and from Nor­ its right to participate, before Examiner bash, Ind., of the operating rights in folk, Va., to points in West Virginia, Alton R. Smith. Certificates Nos. M C 83087, M C 83087 Sub Maryland, and the District of Columbia; No. MC 118677, filed December 10, 1, and MC 83087 Sub 2, issued August and empty containers for malt beverages, 1958. Applicant: N IT E H A W K M O T O R 31,1942, September 4,1942, and Septem­ over irregular routes, from points in LINES, INCORPORATED, 1300 Shelton ber 5,1945, respectively, to R alph Deeter, North Carolina to Norfolk, Va., from Avenue, Norfolk, Va. G randfather au­ Fairmount, Ind., authorizing the trans­ points in Virginia, South Carolina, and thority sought under section 7 of the portation, over irregular routes, of live­ Georgia, to Monroe, N.C.; and from Transportation Act of 1958 to continue stock, between points in Blackford, Dela­ North Carolina, South Carolina, Georgia, to operate as a common carrier, by motor ware, Grant, Howard, Huntington, Madi­ West Virginia, Maryland, and District of vehicle, over irregular routes, transport­ son, Miami, Upton, Wabash, and Columbia to Norfolk, and approved the ing: Frozen fruits, frozen berries, frozen Counties, Ind., on the one hand, and, on substitution, as respondent, in Docket No. vegetables, cocoa beans, coffee beans, the other, Chicago, 111., Lexington and MC 107422 Sub 5. Vernon T. Forehand, tea, bananas, hemp, wool imported from Danville, Ky., from points in the same 310 Board of Trade Building, Norfolk, any foreign country, wool tops and noils, specified Indiana counties to Cincinnati, Va., for applicants. and wool waste (carded, spun, woven or Ohio, Ionia and Grand Rapids, Mich., No. MC-FC 62087. By order of April knitted), between points in Alabam a, buttermilk, from Chicago, 111., and New 8, 1959, the Transfer Board approved Connecticut, Delaware, Florida, Georgia, Bremen, Ohio, to points in the Indiana the transfer to Albert L, Longstreet, Illinois, Indiana, Kentucky, Louisiana, counties specified above, agricultural doing business as Alert Storage, Phila­ Maine, Maryland, Massachusetts, M ich­ machinery, implements, and parts delphia, Pennsylvania, of a certificate igan, Mississippi, New Hampshire, New thereof, from Chicago and Sandwich, 111., in No. M C 93489, issued June 4, 1958, to Jersey, New York, North Carolina, Ohio, and Coldwater, Ohio, to points in Grant, Albert L. Longstreet, Robert Longstreet Pennsylvania, Rhode Island, South Caro­ Madison, Blackford, Tipton, Howard, and Elizabeth L. Beaumont, a partner­ lina, Tennessee, Vermont, Virginia, W est Wabash, Huntington, Delaware, and ship, doing business as Alert Storage, Virginia, the District of Columbia, W is­ Miami Counties, Ind., and feed and fer­ Philadelphia, Pennsylvania, authorizing consin, and Ports of Entry on the bound­ tilizer, from Chicago, 111., to points in the transportation, over irregular routes ary between the United States and C an­ the last-named Indiana counties, and of household goods, as defined by the ada in the applicable states herein "fertilizer, from Calumet City, 111., to Commission, between Philadelphia, Pa., involved. points in Blackford, Delaware, Grant, on the one hand, and, on the other, points Howard, Huntington, Madison, Miami, in New Jersey, Connecticut, Rhode^ Is­ By the Commission. Tipton, Wabash, and Wells Counties, land, Massachusetts, New York, Dela­ [seal] H a r o ld D. M cC o y , Ind, Walter F. Jones, Jr., 706 Chamber ware, M aryland, and the District of* Co­ Secretary. of Commerce Building, Indianapolis 4, lumbia. Leon Weinroth, Sixteen Sixteen [PR. Doc. 59-3133; Filed, Apr. 15, 1959; Indiana, for applicants. Walnut Street, Philadelphia, 3, Pennsyl­ 8:45 a.m.] No. MC-FC 61968. By order of April vania. 8.1959, the Transfer Board approved the No. MC-FC 62104. By order of April transfer to Lois elites, Hastings, Iowa, of 8,1959, the Transfer Board approved and the operating rights in Certificates Nos. authorized the transfer to Morton [Notice 110] M C 53462 and M C 53462 Sub 1, issued Schneider, doing business as Morton October 12,1954, and Jkugust 10,1950, re­ Transfer, Richmond, Va., of a certificate motor carrier tr a n sfer spectively, to Keith elites, authorizing in No. MC 35541, issued September 19, PROCEEDINGS the transportation, over irregular routes, 1958, to Virginia Transportation, Inc., of agricultural implements, furniture, Richmond, Va., authorizing the trans­ APRIL 13, 191 coal, and building materials, from portation, over irregular routes, of gen­ sec2 Pof,ii,ord®rs entered pursua Omaha, Nebr., to Hastings, Iowa, and eral commodities, excluding household merce AH-12 bi of the Interstate c points within 15 miles Hastings, feed goods as defined by the Commission, S K ’ and rules and regulations and used farm machinery, between Has­ Commodities in bulk, and other specified 5 S S r der <49 CPB Part: tings, Iowa, and points within 15 miles commodities, between Richmond, Va., of Hastings, on the one hand, and on the and the United States Airport, approxi­ ci r i E l f ed *nt.the Commission’s other, points in Nebraska, emigrant mov­ mately four miles southwest of Rich­ son mav fp j>rac^ic® any interested ables and used farm equipment, between mond, Va., and between Richmond, Va., sideratinn^ e* a, Petition seeking re Hastings, Iowa, and points within 15 and Ampthill, Va., and between points in Proceeding-n!^e iollowing numt miles of Hastings, on the one hand, and, Richmond, Va., serving Ampthill and • r S S S K K S days f rom the on the other, Bradford, 111., and points Richmond Deep Water Terminal, Va., in within 15 miles of Bradford, emigrant connection with the immediately above- Pierce Act tH ?«? the Interstate C movables, between Hastings, Iowa, and described pick-up and delivery opera­ will postoon? ^ming of such a Pet points within 15 miles of Hastings, on tions at Richmond, Va., and between order to that _!,he effective date of the one hand, and, on the other, Havana, Richmond, Va., and the Richmond Gen­ Position Pr°ceedmg pending its 111., and points within 25 miles of Ha­ eral Depot, near Ampthill, Va., and Petitioners r^,etlauters relie