c i REGIS

, 1934 ^ NUMBER 98 VOLUME 24 ^A //TE O ^

Washington, Wednesday, May 20, 1959

2. Assistant Secretaries of the Army, CONTENTS Title 3— THE PRESIDENT in the order fixed by their length of service as such. THE PRESIDENT Executive Order 10820 3. Chief of Staff, United States Army. Executive Order Pas® PRESCRIBING THE ORDER OF SUC­ 4. Vice Chief of Staff, United States Army. Prescribing the order of succes­ CESSION OF OFFICERS TO ACT AS 5. Commanding General, Continental sion of officers to act as Secre­ SECRETARY OF DEFENSE, SECRE­ Army Command. tary of Defense, Secretary of the TARY OF THE ARMY, SECRETARY Army, Secretary of the Navy, P art III—S u c c e s s io n to t h e P o s it io n o f and Secretary of the Air Force. 4045 OF THE NAVY, AND SECRETARY OF S ecr etar y o f t h e N a v y THE AIR FORCE EXECUTIVE AGENCIES In the event of the death, disability, • By virtue of the authority vested in or absence of the Secretary of the Navy, Agricultural Marketing Service me by section 179 of the Revised Statutes the following-designated officers shall Notices: of the United States (5 U.S.C. 6), and succeed to the position of, and act as, Dolber Livestock Sales Co.; as President of the United States, it is Secretary of the Navy in the order proposed posting of stock- hereby ordered as follows: indicated: yard______4062 1. Under Secretary of the Navy. Part I— Succession to the P o sit io n of Rules and regulations: 2. Assistant Secretaries of the Navy, S ecretary of D efense Avocados grown in South Flor­ in the order prescribed by the Secretary ida; limitation of shipments. 4050 In the event of the death, disability, or of the Navy, or if no order is prescribed absence of the Secretary of Defense, the by the Secretary, then in the order in Agricultural Research Service following-designated officers, in the De­ which they have taken office as Assistant Proposed rule making: partment of Defense, shall succeed to Secretaries. ' Mineral oil-pyrethrum and the position of, and act as, Secretary of 3. Chief of Naval Operations. similar contact household fly Defense in the order indicated: 4. Vice Chief of Naval Operations. sprays; revision of interpre­ 1. Deputy Secretary of Defense. tation with respect to label­ 2. Secretary of the Army. P art IV— S u c c e s s io n t o t h e P o s it io n o f ing; additional time to submit 3. Secretary of the Navy. S ecr e ta r y o f t h e A ir F orce data, views or arguments____ 4059 4. Secretary of the Air Force. In the event of the death, disability, or Agriculture Department 5. Director of Defense Research and absence of the Secretary of the Air See Agricultural Marketing Serv­ Engineering. Force, the following-designated officers ice ; Agricultural Research 6. Assistant Secretaries of Defense and shall succeed to the position of, and act Service; Commodity Credit the General Counsel of the Department as, Secretary of the Air Force in the Corporation. of Defense, in the order fixed by their order indicated: length of service as such. 1. Under Secretary of the Air Force. Alien Property Office _7. Under Secretaries of the Army, 2. Assistant Secretaries of the Air Notices: Navy, and Air Force, in the order fixed Force, in the order fixed by their length Vested property; intention to by their length of service as such. of service as such. return: 8. Assistant Secretaries of the Army, 3. Chief of Staff, United States Air Berezina, Feiga Zipora, and Navy, and Air Force, in the order fixed Force. Rassia Cahn______4093 by their length of service as such. 4. Vice Chief of Staff, United States Imahara, David Hiromu_____ 4093 Isaacsohn, Raissa R ally._____ 4092 Precedence within a particular groi Air Force. Liebeschuetz, Elisabeth between or among two or more office 5. The Senior Deputy Chief of Staff Amalie Rahel, and Hubert the same date of appointme who is not absent or disabled. Curt Plaut______4093 shall be as determined by the Secreta 6. Commander, Air University. Meyer, Ida------4093 of Defense at the time of appointment. P art V — V a r ia t io n s i n t h e . O rder of Weinberger, Maria, et al_____ 4093 Part II— Succession to the P o sit io n of S u c c e s s io n Army Department Secretary of the A r m y Without regard to any other part of Rules and regulations: , *n the event of the death, disability, or this order, except Part VI, the President, Deserters; apprehension______4053 th *ce °t. the Secretary of the Army, or the person acting as President under Atomic Energy Commission ine following-designated officers shall section 19 of title 3 of the United States Notices: ucceed to the position of, and act as, Code, may, in the event of the death, Walker Trucking Co.; hearing i«^-re^ary °t the Army in the order disability, or absence of the Secretary of on application for amend­ indicated: Defense, appoint any officer designated ment to Byproduct Material !• Under Secretary of the Army. (Continued on p. 4047) License______4063 4045 4046 THE PRESIDENT

«te CONTENTS—-Continued CONTENTS— Continued Coast Guard Pase Health, Education, and Welfare Pase FEDERALÄREGISTER Proposed rule making: Department l»3* ¿¡P Industrial trucks; power-oper­ See Food and Drug Administra­ ated; extension of time for tion; Public Health Service. Published daily, except Sundays, Mondays, submission of written com­ and days following official Federal holidays, ments______4057 Interior Department by the Office of the Federal Register, National Rules and regulations: See Land Management Bureau. Archives and Records Service, General Serv­ Navigation lights for British ices Administration, pursuant to the au­ Interstate Commerce Commis­ naval vessels on Great Lakes, sion thority contained in the Federal Register Act, 1959 (2 documents)_____ 4053,4057 approved July 26, 1935 (49 Stat. 500, as Notices: amended; 44 U.S.C., ch. 8B ), under regula­ Commerce Department Commercial zone limits; peti­ tions prescribed by the Administrative Com­ See also Federal Maritime Board. tion to redefine: mittee of the Federal Register, approved by Notices: Chicago, 111______4069 the President. Distribution's made only by the Superintendent of Documents, Govern­ Oversea Trading Co. (H.K.), Lake Charles, La______4070 ment Printing Office, Washington 25, D.C. Ltd.; Appeals Board decision. 4062 Motor carrier applications_____ 4070 The Federal R egister will be furnished by Commodity Credit Corporation Organizational minutes______4070 mail to subscribers, free of postage, for $1.50 Petition for declaratory order_ 4070 per month or $15.00 per year, payable in Notices: Proposed rule making: advance. The charge for individuabcopies Contracting officers; delegation Motor carriers; qualifications (minimum 15 cents) varies in proportion to of authority. ______4062 and maximum hours of serv­ the size of the issue. Remit check or money Rules and regulations : order, made payable to the Superintendent ice of employees and safety of Cottonseed; 1959 purchase pro­ operation a n d equipment; of Documents, directly to the Government gram------4048 Printing Office, Washington 25, D.C. transportation of oil field The regulatory material appearing herein Defense Department equipment.,______i____ 4060 is keyed to the Code of F ederal R egulations, See Army Department. which is published, under 50 titles, pursuant Justice Department to section 11 of the Federal Register Act, as Federal Aviation Agency See Alien Property Office. amended August 5, 1953. The Code of F ed­ Rules and regulations: eral R egulations is sold by the Superin­ Minimum en route IF R alti­ Labor Department tendent of Documents. Prices of books and tudes; miscellaneous amend­ See Wage and Hour Division. pocket supplements vary. There are no restrictiens on the re­ ments______4051 Land Management Bureau publication of material appearing in the Federal Communications Com­ Notices: F ederal R egister, or the Code of F ederal Nevada; small tract classifica- R egulations. mission Notices: tion, amended______4061 Hearings, etc. : Proposed rule making: American Telephone and Erection and maintenance of CFR SUPPLEMENTS Telegraph Co. and Western advertising displays on public (As of January 1, 1959) Union Telegraph Co______4068 land.:______4058 Brown, Benjamin C______4065 Rules and regulations: The following supplements are now Enterprise Co. and Beaumont Public land orders : available: Broadcasting Corp______4064 Alaska______;______4054 Four States Broadcasting Co. Arizona (2 documents)_ 4054,4055 Title 19 ($0.75) et al______4066 Idaho___1.______4055 Title 21 ($1.00) Hawkins, Jack W., and Uintah Montana (2 documents)_____ 4056 Title 26, Parts 20-221 ($3.00) Broadcasting and Televi­ Nevada______4055 Title 32, Parts 400-699 ($1.75) sion Co., Inc. (K V E L )_____ 4064 Nevada and California______4053 Oregon______2",______4056 Title 49, Part 165 to end ($1.00) Imes, Birney, Jr., et al______4064 Northeast Radio, Inc. Utah...... — 4054 Previously announced: Title 3, 1958 Supp. (WCÀP)______4068 Public Health Service ($0.35); Titles 4-5 ($0.50); Title 7, Parts Radio Americas Corp. Notices: 1-50 ($4.00); Parts 51-52 ($6.25); Parts (W ORA) ______4065 900-959 ($1.50); Part 960 to end National Office of Vital Statis­ WJPB-TV, Inc., and Telecast­ tics; confidentiality of iden­ ($2.25); Title 8 ($0.35); Title 9, ($4.75); ing, Inc______4068 Titles 10-13 ($5.50); Title 14, Parts 1-39 tifying information______4061 ($0.55); Parts 40-399 ($0.55); Part 400 Federal Maritime Board to end ($1.50); Title 16 ($1.75); Title 18 Securities and Exchange Com­ Rules and regulations : mission ($0.25); Titles 22-23 ($0.35); Title 24 American Banner Lines, Inc.; ($4.25); Title 25 ($0.35); Title 26, Parts hearing on application to Notices: 1-79 ($0.20); Parts 80-169 ($0.20); Parts expand service______;__ 4062 Hearings, etc. : 170-182 ($0.20); Part 300 to end, Title Columbia Gas System, Inc., > 27 ($0.30); Titles 28-29 ($1.50); Title 32, Federal Power Commission et al______4091 Parts 700-799 ($0.70); Part 1100 to end Notices : Merrimack-Essex Electric Co. ($0.35); Title 32A ($0.40); Title 33 et al______4090 ($1.50); Titles 35-37 ($1.25); Title 38 Brann, A. F., et al.; order for ($0.55); Title 39 ($0.70); Titles 40-42 hearing and suspending pro­ State Department posed changes in rates______4069 ($0.35); Title 43 ($1.00); Titles 44-45 Notices: ($0.60); Title 46, Parts 1-145 ($1.00); Federal Trade Commission Office of General Services et al. ; Parts 146-149, 1958 Supp. 2 ($1.50); Part 150 to end ($0.50); Title 47, Parts Rules and regulations: delegations of authority for 1-29 ($0.70); Part 30 to end ($0.30); Cease and desist orders: procurement transactions— 4060 Title 49, Parts 1-70 ($0.25); Parts 71-90 Drug Research Corp. et al—— 4051 Rules and regulations : ($0.70); Parts 91-164 ($0.40); Title 50 Nichols & Associates, Inc., et Additional compensation in for­ ($0.75) al______— ______4051 eign areas; designation of differential posts (2 docu­ Order from Superintendent of Docu­ Food and Drug Administration ments) ______4047 ments, Government Printing Office, Proposed rule making: Washington 25, D.C. Peas, canned; proposal to amend Treasury Department standard of identity______4059 See Coast Guard.

/ Wednesday, May 20, 1959 FEDERAL REGISTER 4047

CONTENTS— Continued CODIFICATION GUIDE— Con. tary of a military department, appoint any officer designated in the part of this Veterans Administration Pa£e 43 CFR—Continued Pags order which relates to the order of suc­ cession in the department concerned to Rules and regulations: Public land orders— Continued World War II veterans,* educa­ succeed to the position of, and act as, 1855______x ______- ______4056 the Secretary of that department. tion and training and voca­ 1856______4056 tional rehabilitation; miscel­ 1857...... 4056 P a r i VI—T e m po r a r y N atu r e o f laneous amendments______4053 S u c c e s s io n Wage and Hour Division 46 CFR 154______4057 Succession to office pursuant to this Rules and regulations: order shall be on a temporary or interim Shoe manufacturing industry; Proposed rules: 35— ...... 4057 basis and shall not have the effect of employment of learners; mis­ vacating the statutory position held by cellaneous amendments______4052 78------4057 97------4057 the successor. CODIFICATION GUIDE 146______4057 P art VII—R e v o c a t io n o f P rior 162______4057 E x e c u t iv e O rders A numerical list of the parts of the Code of Federal Regulations affected by documents 49 CFR Executive Order No. 10495 of October published in this issue. Proposed rules, as Proposed rules: 14, 1953, and Executive Order No. 10669 opposed to final actions, are identified as 195______4060 of May 18,1956, are hereby revoked. such. A Cumulative Codification Guide covering D w ig h t D . E is e n h o w e r the current month appears at the end of each T h e W h it e H o u s e , issue beginning with the second issue of the in Part I of this order to succeed to the month. position of, and act as, Secretary of May 18 1959. Defense; and may, in the event of the [F.R. Doc. 59-4298; Filed, May 18, 1959; ‘ 3 CFR ‘ Page death, disability, or absence of the Secre- 4:59 p.m.] Executive orders: 4203 (revoked in part by PLO 1848)______4053 10495 (revoked by EO 10820)__ 4045 10669 (revoked by EO 10820) __ 4045 RULES AND REGULATIONS 10820______4045

5 CFR [Dept. Reg. 108.401] 325 (2 documents)___ ’______4047 Title 5— ADMINISTRATIVE 6 CFR PART 325— ADDITIONAL COMPEN­ 443------4048 PERSONNEL SATION IN FOREIGN AREAS 7 CFR Chapter III— Foreign and Territorial Designation of Differential Posts; 969______4050 Compensation Miscellaneous Amendments Proposed rules: 362...... 4059 [Dept. Reg. 108.402] Section 325.15 Designation of differen­ 14 CFR PART 325— ADDITIONAL COMPEN­ tial posts, is amended as follows, effec­ 610— ...... 4051 SATION IN FOREIGN AREAS tive on the dates indicated: 1. Effective as of the beginning of the 16 CFR Definitions first pay. period following May 2, 1959, 13 (2 documents)______4051 paragraph (b) is amended by the dele­ 21 CFR Effective as of January 3, 1959, § 325.1, tion of the following: paragraphs (c), (d ), and (e) are deleted Proposed rules : and the following is substituted in lieu Nicaro, Cuba. 51----- 4059 Santiago de Cuba, Cuba. thereof: 2. Effective as of the beginning of the 29 CFR (c) “Foreign Areas” means all areas 522______4052 not included in the United States. first pay period following May 2, 1959, 32 CFR (d) (1) “ United States” means the paragraph (c) is amended by the dele­ tion of the following: 536____ 4053 Continental United States and the areas enumerated in paragraph (e) of this Camaguey, Cuba. 33 CFR section. 3. Effective as of February 13, 1959, 19...... 4053 (2) “Continental United States” paragraph (b) is amended by the addi­ 38 CFR means the States and the District of Columbia. tion of the following: 21------4053 (e) “Territories and possessions of Conakry, Guinea. 43 CFR the United States” means Hawaii, the 4. Effective as of the beginning of the Proposed rules: Commonwealth of Puerto Rico, the pos­ sessions of the United States including first pay period following May 2, 1959, 9------—------4058 paragraph (d) is amended by the addi­ 254_.------4058 Canton and Enderbury Islands in the tion of the following: n , ,?58—------4058 Phoenix Group; and also the Trust Ter­ Public land orders: ritory of the Pacific Islands and the Camaguey, Cuba. 82 (see PLO 1851)______4054 Panama Canal Zone. (Secs. 102, 401, E.O. 10000, 13 F.R. 5453, 3 1571 (amended by PLO 1851) _ 4054 (Secs. 102, 401, E.O. 10000, 13 F.R. 5453, 3 CFR, 1948 Supp., EX>. 10623, E.O. 10636, 20 1725 (amended by PLO 1850) _ 4054 CFR, 1948 Supp., E.O. 10623, E.O. 10636, 20 F.R. 5297, 7025, 3 CFR, 1955 Supp.) 1726 (amended by PLO 1855)» 4056 F.R. 5297,- 7025, 3 CFR, 1955 Supp.) 1848------4053 For the Acting Secretary of State. For the Secretary of State. 1849— ______4054 W . K . S c o t t , 1850 ------4054 W . K . S c o t t , Assistant Secretary. 1851 ------4054 Assistant Secretary. 1852 ------4055 M a y 8, 1959. A p r il 24, 1959. } 853______4055 [F.R. Doc. 59-4210; Filed, May 19, 1959; [F.R. Doc. 59-4209; Filed, May 19, 1959; 1854~------4055 8:45 a.m.] 8:45 a.m.] 4048 RULES AND REGULATIONS

tion (hereinafter referred to as “ASC”) members will be considered an eligible Title 6— AGRICULTURAL State and county committees (herein­ producer when selling eligible cottonseed after referred to as “State” and “county” delivered to the association and produced CREDIT committees). All contracts in connec­ by eligible producers who are members tion with such -operations may be exe­ of the association. Chapter IV— Commodity Stabilization cuted on behalf of CCC only by author­ § 443.1542 Eligible cottonseed. Service and Commodity Credit Cor­ ized CCC contracting officers. poration, Department of Agriculture (b) Contracts for the storage and Eligible cottonseed shall be cottonseed handling of cottonseed subsequent to which meet the following requirements: SUBCHAPTER B— LOANS, PURCHASES, AND (a) Such cottonseed must have been OTHER OPERATIONS delivery of the cottonseed to an oil miller or an approved storage facility for the produced in the United States in 1959 [1959 CCC Cottonseed Bulletin 2] sale, crushing, and processing of cotton­ by an eligible producer. PART 443— OILSEEDS seed, and for the transportation, storage,' (b) Such cottonseed must have been handling, and sale of the products de­ produced by the person tendering them Subpart— 1959 Cottonseed Purchase rived therefrom, will be executed by CCC for purchase, or by the person who de­ Program Regulations contracting officers in the New Orleans livered the cottonseed to the cooperative Sec. CSS Commodity Office, Wirth Building, association or ginner tendering the cot­ 443.1538 General statement. 120 Marais Street, New Orleans 16, tonseed for purchase, and the beneficial 443.1539 Administration. Louisiana, (hereinafter referred to as interest in the cottonseed must be in such 443.1540 Availability of purchases. “ the New Orleans office” ) . person at the time he makes such tender 443.1541 Eligible producer. (c) County office managers, State and or delivery and must always have been in 443.1542 Eligible cottonseed. him or in him and a former producer 443.1543 Purchase price. county committees, and the New Orleans 443.1544 Approval forms. office do not have authority to modify or whom he succeeded before the cottonseed 443.1545 Determination of quantity. waive any of the provisions of this sub­ were harvested. Cottonseed tendered by 443.1546 Liens. part or any amendments thereto. a cooperative association for purchase 443.1547 Setoffs. must have been produced and delivered 443.1548 Grade reporting areas. § 443.1540 Availability of purchases. to the association by its producer-mem­ Au t h o r it y : §§443.1538 to 443.1548 issued (a) Area. The purchase program will bers. Any person tendering cottonseed under sec. 4, 62 Stat. 1070, as amended; 15 be available in all cotton-producing areas for purchase must have the legal right U.S.C. 714b. Interpret or apply sec. 5, 62 of the United States. to sell the cottonseed. Stat. 1072, secs. 301, 401, 63 Stat. 1053, 1054, (b) Time. Purchases will be made § 443.1543 Purchase price. as amended; 15 U.S.C. 714c, ■ 7 .U.S.C. 1447, from the date of the issuance of this 1421. subpart through February 29, 1960. (a) Price to producers. (1) Any di­ § 443.1538 General statement. (c) Source. (1) Purchases of cotton­ rect purchases by CCC from producers seed eligible for purchase by CCC will be will be made at gin or other designated The purchase program provided for in made by participating ginners from point of delivery at the rate of $34.00 per this subpart is a part of the 1959 Cotton­ producers; Purchases will also be gross ton for basis grade (100) cotton­ seed Price Support Program formulated made directly from producers by CCC seed, with premiums and discounts for by Commodity Credit Corporation (here­ through county committees in areas other grades equal to the same per­ inafter referred to as “ CCC” ) and the where ginners do not participate in the centage of such price as the percentage Commodity Stabilization Service (here­ program and the appropriate State com­ by which the grade of cottonseed pur­ inafter referred to as “CSS”) . This sub­ mittee determines that such direct pur­ chased exceeds or is less than basis part states the terms and conditions (a) chases are necessary in order to make the grade (100). The price per ton thus under which cotton ginners, who file program effective. Payments to pro­ computed may be rounded to the nearest Ginner’s Notices of Intention to Partici­ ducers for cottonseed purchased by CCC multiple of ten cents. The grade of eli­ pate and comply with the applicable pro­ and for any authorized transportation gible cottonseed purchased by CCC di­ visions of this subpart (hereinafter called performed by the producers, in accord­ rectly from producers shall be considered “ participating ginners” ) may sell to CCC ance with § 443.1543(a), will be made by to be the average grade of cottonseed for in accordance with this subpart 1959- ASC county offices by means of sight the area in which the purchase is made crop cottonseed produced in the United drafts drawn on CCC. (see § 443.1548) as determined on the States which they have purchased from (2) Purchases of eligible cottonseed basis of the latest cottonseed grade report producers, in cases where the refusal by will be made by oil millers from partici­ for the area published by CSS or as de­ oil millers to pay participating ginners pating ginners and others. Purchases termined by such other method as the at least the f.o.b. gin price to ginners for will also be made from participating Executive Vice President, CCC, may ap­ their cottonseed, which CCC agrees to ginners by CCC through ASC county of­ prove. In areas where both upland and pay as provided in 1443.1543(b), makes fices in areas where oil millers refuse to American-Egyptian cotton are grown, purchases by CCC from participating pay such ginners at least the f.o.b. price the CSS grade report for any such area ginners necessary, and (b) under which to ginners for their cottonseed which shall specify the average grade for each CCC will purchase 1959-crop cottonseed CCC agrees to pay as provided in such type of cottonseed, and the price to directly from producers in cases where § 443.1543(b), and the appropriate State be paid producers in the area shall be nonparticipation by ginners under this committee determines that such pur­ determined on the basis of the average subpart makes such purchases necessary. chases are necessary to make the pro­ grade for the area for the type of cotton­ The program will be carried out by CSS gram effective. Payments to participat­ seed purchased. The average grade for under the general supervision and direc­ ing ginners for cottonseed^ purchased by Sea Island and Sealand cottonseed shall tion of the Executive Vice President, CCC will be made by ASC’county offices be considered to be that reported for cot­ CCC. The requirements with respect to by means of sight drafts drawn on CCC. tonseed in the area in which such cotton­ loans to producers are contained in the (3) Lists of participating ginners will seed are produced. Notwithstanding the 1959 CCC Cottonseed Bulletin 1 be maintained in the State and county requirements in this subparagraph, if at (§§ 443.1501 to 443.1520). offices. any time while direct purchases are being made by CCC, the State ASC administra­ § 443.1539 Administration. § 443.1541 Eligible producer. tive officer determines that the average (a) Operations under the program (a) An eligible producer shall be any grade for an area, as determined on the with respect to the purchase, transporta­ individual, partnership, corporation, as­ basis of the latest cottonseed grade re­ tion, handling, and storage of cottonseed sociation trust, estate, or other legal port for the area published by CSS, is prior to delivery of the cottonseed to an entity, or a State or political subdivision higher than the grade of cottonseed being oil miller or to a storage facility approyed thereof or an agency of such State or produced in any county in such area by the New Orleans CSS Commodity political subdivision, producing cotton­ where direct purchases are being made, Office (such storage facility will herein­ seed in 1959 in the capacity of landowner, the State ASC administrative officer may. after be referred to as “ approved storage landlord, tenant, or sharecropper. reduce the price paid to producers Jn facility” ) will be administered through (b) A cooperative association that such county below the price established Agricultural Stabilization and Conserva­ handles cottonseed for its producer- on the basis of the average grade for the Wednesday, May 20, 1959 FEDERAL REGISTER 4049

area: Provided, That no producer shall for the type of cottonseed purchased. govern the rights and responsibilities of be paid, during the period such reduced The average grade for Sea Island and producers and participating ginners. prices are effective, less than $34.00 per Sealand cottonseed shall be considered Approved forms may be obtained from gross ton basis grade (100) cottonseed to be that reported for-cottonseed in the ASC county offices. # Any fraudulent with price adjustments computed upon area in which such cottonseed are pro­ representation made by a producer or the difference between the average grade duced. I f it is determined by the county ginner in executing an approved form of cottonseed produced in the county office manager and the State ASC ad­ may render him subject to criminal during such period and basis grade (100). ministrative officer that any participat­ prosecution under Federal law and liable The average grade of cottonseed pro­ ing ginner paid any producer less than for any damages resulting from the pur­ duced in the county during such period the prices he should have paid under the chase of the cottonseed involved. Doc­ shall be determined on the basis of offi­ foregoing provisions of this section, such uments executed by an administrator, cial chemical analysis covering cotton­ ginner shall not, without prejudice to executor, or trustee will be acceptable seed produced in such county or on such any other rights which CCC may have, only where valid in law and must be ac­ other reasonable basis as may be deter­ be eligible to make any further sales to companied by documentary evidence of mined by the appropriate State ASC ad­ CCC under the 1959 Cottonseed Price the authority of the person executing ministrative officer. Support Program.,„ such documents. The approved forms (2) The grade of any cottonseed pur­ (ii) Notwithstanding the preceding re­ consist of the following: chased before the first grade determina­ quirements as to price, a participating (a) Producers. Producer’s Voucher tion for an area is made shall be con­ ginner, after first notifying the county (CCC Cottonseed Purchase Form 5) shall sidered to be 90. office manager for the county where the be executed by the producer when the (3) I f authorized by the county office gin is located of his intention to do so, cottonseed are purchased from the manager, the producer may deliver the may reduce the price paid to producers producer by CCC. seed at an oil mill, approved storage fa ­ below the price established on the basis (b) Cotton ginners. (1) Each cotton cility, or designated concentration point of the average grade for the area: Pro­ ginner desiring to sell cottonseed to CCC rather than at the gin or designated vided, That the ginner shall not pay any pursuant to this subpart shall, prior to point of delivery, and the producer will producer during the period he is paying tender of any cottonseed for sale, file be paid for the additional transportation such reduced price less than $34.00 per with the county office for the county in at a rate not in excess of the commercial gross ton basis grade (100), with price which each gin is located a Ginner’s rate for such transportation service. adjustments computed upon the differ­ Notice of Intention to Participate (CCC (b) Price to ginners. (1) (i) Any pur­ence between the average grade of cot­ Cottonseed Purchase Form 1). The chases by CCC from participating gin­ tonseed produced at the gin during such The filing of such notice does not obligate ners will be at the rate of $38.00 per period and basis grade (100). The aver­ the ginner to sell any cottonseed to CCC, net ton for basis grade (100) cottonseed, age grade of cottonseed produced at the but all applicable provisions of this sub- f.o.b. conveyance or carrier at the gin, gin during such period shall be deter­ part must be complied with by the ginner with premiums and discounts for other mined on the basis of official chemical if any cottonseed are offered by the gin­ grades equal to the same percentage of analysis or oil mill grade reports cover­ ner for sale to CCC under the 1959 Cot­ such price as the percentage by which ing such cottonseed or on such other tonseed Price Support Program. Only the grade of cottonseed purchased ex­ reasonable basis as may be approved by cottonseed purchased by a participating ceeds or is less than basis grade (100). the county office manager. The ginner ginner from a producer after the filing Cottonseed which are “ below grade” or shall furnish the county office with certi­ of the Ginner’s Notice of Intention to “off-quality,” as defined in the United fied copies of such chemical analyses, Participate shall be eligible for purchase States Official Standards for Grades^ of grade reports, or other evidence satis­ by CCC under this subpart. Cottonseed, will be purchased from par­ factory to the county office manager, (2) After the Ginner’s Notice of In­ ticipating ginners by CCC at the market showing the average grade of cottonseed tention to Participate has been filed, a value of such cottonseed as determined produced at the gin during such period. Ginrier’s Certificate (CCC Cottonseed by CCC. The grades of cottonseed pur­ . I f it is determined by the State ASC .ad­ Purchase Form 2) shall be completed and chased by CCC from such ginners shall ministrative officer and county office executed by the participating ginner to be determined in accordance with the manager that any participating ginner cover all cottonseed purchased by him United States Official Standards for paid producers less than the prices he from producers, and the form shall be Grades of Cottonseed by chemical anal­ should have paid in accordance with the submitted by the ginner to the appro­ ysis of samples drawn from the cotton­ preceding three sentences, such ginner priate county office at such times and seed by Federally-licensed cottonseed shall, without prejudice to any other covering such periods of time as the samplers or such other persons as are rights which CCC may have, be ineligible State ASC administrative officer deter­ approved by CCC, and forwarded to and to make any further sales to CCC under mines are necessary to make the pro­ analyzed by Federally-licensed cottonseed the 1959 Cottonseed Price Support Pro­ gram effective. chemists. A ginner tendering cottonseed gram unless he first pays all of such pro­ (3) If cottonseed are sold to CCC, the for purchase by CCC must not have paid ducers the difference between the price ginner shall prepare and execute a Gin­ any producer for cottonseed purchased paid to the producers and the price they ner’s Voucher and Certificate (CCC Cot­ by the ginner on or after the date of should have received. tonseed Purchase Form 4) covering the filing notice of his intention to partic­ (iii) A ginner may round per ton cottonseed and deliver the form to the ipate in, the program less than $34.00 prices -for cottonseed purchased from county office. Each Ginner’s Voucher Per gross ton basis grade (100) , plus or producers to the nearest multiple of ten and Certificate submitted by a ginner to a percentage of such price equal cents. the county office shall be supported by to the percentage by which the average (2) The grade o f cottonseed purchased weight certificates or warehouse receipts grade of cottonseed for the area in which from a producer before the first grade covering the cottonseed purchased which the gin is located (see § 443.1548) ex­ determination for an area is made shall have been issued by an oil miller, or an ceeded or was less than basis grade (100). be considered to be 90. approved storage facility, or a represent­ ” UCJu avera§e grade shall be determined (3) I f the ginner, upon authorization ative of the county committee at a JJ basis of the latest CSS grade re­ by the county office manager, transports port for the area at the time of purchase designated concentration point,- and in cottonseed from the gin to oil miller, or the absence of warehouse receipts guar­ such producer or by such other approved storage facility, or designated anteeing grade, by official chemical method as the Executive Vice President, concentration point, the ginner will be v .'?* may approve. In areas where paid for such transportation at a rate not analyses certificates covering the cotton­ upland and American-Egyptian in excess of the commercial rate for such seed and identifying such cottonseed by cotton are grown, the CSS grade report transportation service. lot numbers and/or receipt numbers and any such area shall report the aver- weights. for e&ch such type of cotton- § 443.1544 Approved forms. in tv.anc* ^be price to be paid producers The approved forms, together with the § 443.1545 Determination of quantity., b . e f ,rea shall be determined on the provisions of this subpart and any sup­ The quantity of cottonseed purchased oasis of the average grade for the area plements and amendments thereto, shall from the producer by CCC shall be the 4050 RULES AND REGULATIONS gross weight actually delivered to CCC ing at 12:01 a.m., e.s.t., June 29,1959, the as determined by a representative of the Title 7— AGRICULTURE individual fruit in each lot of such avo­ county committee, or by an approved cados shall weigh at least 14 ounces, or storage facility, or by an oil miller. The Chapter IX— Agricultural Marketing measure not less than 3tie inches in quantity of cottonseed purchased from a Service (Marketing Agreements and diameter. producer by a participating ginner shall Orders), Department of Agriculture (iii) During the period beginning at be the gross weight of the cottonseed as [Avocado Order 18] 12:01 a.m., e.s.t., June 29, 1959, and end­ customarily determined by the ginner in ing at 12:01 a.m., e.s.t., July 13, 1959, his purchases of cottonseed from pro­ PART 969— AVOCADOS GROWN IN the individual fruit in each lot of such ducers. The quantity of cottonseed pur­ SOUTH FLORIDA avocados shall weigh at least 12 ounces chased from a ginner by CCC shall be or measure not less than 3 He inches in the net weight of the cottonseed at first Limitation of Shipments diameter^ destination after deduction of the weight § 969.318 Avocado Order 18. (iv) During the period beginning at of any foreign matter in excess of one 12:01 a.m., e.s.t., July 13, 1959, and end­ (a) Findings. (1) Pursuant to the percent. ing at 12:01 a.m., e.s.t., August 3, 1959, marketing agreement, as amended, and the individual fruit in each lot of such § 443.1546 Liens. Order No. 69, as amended (7 CFR Part avocados shall weigh at least 10 ounces I f liens or encumbrances exist on 969), regulating the handling of avo­ or measure not less than 2*%6 inches in the cottonseed, proper waivers must be cados grown in south Florida, effective diameter. obtained. under the applicable provisions ,of the (3) After the effective time of this sec­ Agricultural Marketing Agreement Act tion, no handler shall handle any avo­ § 443.1547 Setoffs. of 1937, as amended (7 U.S.C. 601-674), cados of the West Indian type other than Where CCC makes direct purchases of and upon the basis of the recommenda­ those specified in subparagraphs (1) and cottonseed from producers, setoffs will tions of the Avocado Administrative (2) of this paragraph except in accord­ be made as follows: Committee, established under the afore­ ance with the following terms and (a) I f any installment or installments said marketing agreement and order, and conditions: on any loan made available by CCC on upon other available information, it is (i) No handler shall handle any such farm-storage facilities or mobile drying hereby found that the limitation of han­ avocados prior to 12:01 a.m., e.s.t., June equipment are payable, under the pro­ dling of avocados, as hereinafter pro­ 15, 1959. visions of the note" evidencing such loan, vided, will tend to effectuate the declared (ii) During the period beginning at out of any amount due the producer policy of the act. 12:01 a.m., e.s.t., June 15, 1959, and end­ under the program provided for in this (2) It is hereby further found that ing at 12:01 a.m., e.s.t., June 29,1959, the subpart, the producer must designate it is impracticable, unnecessary, and individual fruit in each lot of such avo­ CCC or the lending agency holding such contrary to the public interest to give cados shall weigh at least 16 ounces. note as payee of such amount to the ex­ preliminary notice, engage in public rule- (iii) During the period beginning at tent of such installments, but not to making procedure, and postpone the ef­ 12:01 a.m., e.s.t., June 29, 1959, and end­ exceed that portion of the amount re­ fective date* of this section until 30 days ing at 12:01 a.m., e.s.t., July 27, 1959, the maining after deduction of service after publication thereof in the F ederal individual fruit in each lot of such avo­ charges and amounts due prior lien­ R egister (60 Stat. 237; 5 U.S.C. 1001 cados shall weigh at least 14 ounces. holders. et seq.) because the time intervening (iv) During the period beginning at (b) I f the producer is indebted to CCC, between the date when the information 12:01 a.m., e.s.t., July 27, 1959, and end­ or if the producer is indebted to any upon which this section is based became ing at 12:01 a.m., e.s.t., September 14, other agency of the United States, and available and the time when this sec­ 1959, the individual fruit in each lot of such indebtedness is listed on the county tion must become effective in order to such avocados shall weight at least 12 debt record, amounts due the producer effectuate the declared policy of the act ounces. under the program provided for in this is insufficient; a reasonable time is per­ (v) Any lot of such avocados may be subpart, after deduction of amounts pay­ mitted, under the circumstances, for handled without regard to the minimum able on farm-storage facilities or mobile preparation for such effective time; and weight requirements of this subpara­ drying equipment and other amounts good cause exists for making the provi­ graph (3) if the exterior seed-coat of the provided in paragraph (a) of this sec­ sions hereof effective not later than the individual fruit is of a brown color char­ tion, shall be applied, as provided in the date hereinafter specified. This section acteristic of a mature avocado, or if such Secretary’s Setoff Regulations, 7 CFR establishes maturity requirements de­ avocados, when mature, normally change Part 13 (23 F.R. 3757), to such indebted­ signed to prevent the shipment of avo­ color to any shade of red or purple and ness. cados which are immature; it is neces­ any portion of the skin of the individual (c) Compliance with the provisions of sary that such requirements be made fruit has changed to the color normal for this section shall not deprive the pro­ effective at the time and for the periods 4hat fruit when mature. ducer of any right he might otherwise specified herein in order to effectuate (4K After the effective time of this sec­ have to contest the justness of the in­ the declared policy of the act; and com­ tion, no handler shall handle any avo­ debtedness involved in the setoff action pliance with this section will not require cados not covered by subparagraphs (1) either by administrative appeal or by of handlers any preparation therefor through (3) of this paragraph except in legal action. which cannot be completed by the effec­ accordance with the following terms and tive time hereof. § 443.1548 Grade reporting areas. conditions: (b) Order. (1) After the effective (i) Such avocados shall not be han­ Areas for grade reporting purposes will time of this section, no handler shall dled prior to 12:01 a.m., e.s.t., Septem­ be established by the Director, Cotton handle any avocados of the Arue variety ber 7, 1959. Division, CSS, and a list of area delinea­ unless the individual fruit in each lot (ii) During the period beginning at tion may be obtained from the applicable of such avocados weighs at least 14 12:01 a.m., e.s.t., September 7, 1959, and ASC State office or the Director of the ounces. ending at 12:01 a.m., e.s.t., October 5, Cotton Division, CSS, Washington 25, (2) After the effective time of this sec­ 1959, the individual fruit in each lot of D.C. tion, no handler shall handle any avo­ such avocados shall weigh at least 14 cados of the Fuchs variety except in ounces. Issued this 13th day of May 1959. accordance with the following terms and (iii) During the period beginning at conditions: C lar en c e D. P a l m b y , (i) No handler shall handle any such 12:01 a.m., e.s.t., October 5, 1959, and Acting Executive Vice President, avocados prior to 12:01 a.m., e.s.t., Juiie ending at 12:01 a.m., e.s.t., December 21, Commodity Credit Corporation. 22, 1959. 1959, the individual fruit in each lot of [F.R. Doc. 59-4267; Filed, May 19, 1959; (ii) During the period beginning at such avocados shall weigh at least 12 . 8:52 a.m.J 12:01 a.m., e.s.t., June 22, 1959, and erid- ounces. Wednesday, M ay 20, 1959 FEDERAL REGISTER 4051

(iv) Any lot of such avocados may bepracticable and contrary to the public The order to cease and desist is as fol­ handled without regard to the minimum interest, and therefore is not required. lows: weight requirements of this subpara­ Part 610 is amended as follows: I t is ordered, That respondents Drug graph if the exterior seed-coat of the Section 610.603 Blue civil airway 3 is Research Corporation, and its officers, individual fruit is of a brown color char­ amended to read in part: John T. Andreadis, also known as John acteristics of a mature avocado, or if From Traverse City, Mich. LFR; to Sault T. Andre, and Timoleon T. Andreadis, such avocados, when mature, normally Ste Marie, Mich. LFR; MEA 2,400. also known as Timoleon T. taking or use change color to any shade of red or pur­ Section 610.6193 VOR civil airway 193 of said preparation for a prescribed ple and any portion of the skin of the period of time; and individual fruit has changed to the is amended to read- in part: (d) That said preparation, by the re­ color normal for that fruit when mature. From Traverse City, Mich. VOR; to Sault (5) Notwithstanding the provisions Ste Marie, Mich. VOR; MEA *3,500. *2,400— moval of excess body fluids, causes sig­ nificant weight loss of more than tempo­ of subparagraphs (1) through (4) of this MOCA. rary duration. paragraph regarding the minimum (Secs. 313(a), 307(c); 72 Stat. 752, 749; 49 2. Disseminating or causing the dis­ weight or diameter for individual fruit, U.S.C. 1954(a), 1949(c) ) up to 10 percent, by count, of the indi­ semination of any advertisement by any These rules shall become effective June means for the purpose of inducing or vidual fruit contained in each lot may 4, 1959, weigh less than the minimum specified which islikely to induce, directly or in­ directly, the purchase in commerce, as weight and be less than the minimum Issued in Washington D.C., on May 14, “ commerce” is defined in the Federal specified diameter: Provided, That such 1959. Trade Commission Act, of said prepara­ avocados weigh not more than two E. R. Q tjesada, tion, which advertisement contains any ounces less than the applicable specified Administrator. of the representations prohibited in weight for the particular variety as pre­ [F.R. Doc. 59-4216; Filed, May 19, 1959; paragraph 1 hereof. scribed in subparagraphs (1) through 8:46 a.m. ] I t is further ordered, That the amended (4) of this paragraph. Such tolerances complaint be, and the same hereby is, shall be on a lot basis, but not to exceed dismissed as to respondent Harriet An­ double such tolerances shall be permitted dreadis. for an individual container in a lot. Title 16— COMMERCIAL (c) Terms used in the amended mar­ By “Decision of the Commission,” etc., keting agreement and order shall, when PRACTICES report of compliance was required as used herein, have the same meaning as Chapter I— Federal Trade Commission follows: is given to the respective term in said [ Docket 7179] I t is ordered, That respondents Drug amended marketing agreement and or­ Research Corporation, a corporation, der; terms relating to grade, as used PART 13— DIGEST OF CEASE AND and its officers and John T. Andreadis, herein, shall have the same meaning as is DESIST ORDERS also known as John T. Andre; Timoleon given to the respective term in the United T. Andreadis, also known as Timoleon T. States Standards for Florida Avocados Drug Research Corp. et al. Andre, individually and as officers of said (§§51.3050 to 51.3069 of this title; 22 corporation, and respondent Kastor Hil­ F.R. 6205); and the term “ diameter” Subpart— Advertising falsely or mis­ leadingly: § 13.170 Qualities or properties ton Chesley Clifford & Atherton, Inc., means the greatest dimension measured and its officers,1 shall within sixty (60) at right angles to a line from the stem of product or service; § 13.195 Safety; § 13.205 Scientific or other relevant facts. days after service upon them of this to the blossom end of the fruit. order, file with the Commission a report (d) Effective time. The provisions of (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 in writing setting forth in detail the this section shall become effective at manner and form in which they have 12:01 a.m., e.s.t., May 21,1959. U.S.C. 45) [Cease and desist order, Drug Re­ search Corporation et al., New York, N.Y., complied with the order to cease and (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Docket 7179, April 17, 1959] desist. 601-674) In the Matter of Drug Research Corpora­ Issued: April 17, 1959. Dated: May 19, 1959. tion, a Corporation; John Andre, Also By the Commission. F l o y d F. H e d l u n d , Known as John Andreadis, and Tim o- Deputy Director, Fruit and Veg­ leon T. Andre, Also Known as Timo- [ s e a l ] R o bert M . P a r r ish , etable Division, Agricultural leon T. Andreadis, Individually and as Secretary. Marketing Service. (Officers of Said Corporation; Harriet [F.R. Doc. 59-4218; Filed, May 19, 1959; Andre, Also Known as Harriet An­ [E.R. Doc. 59-4309; Filed, May 19, 1959; 8:46 a.m.] 11:54 a.m.] dreadis, Individually;-and Kastor, Far­ rell, Chesley & Clifford, Inc., a Corpo­ ration This proceeding was heard by a hear­ [Docket 7248] Title 14— AERONAUTICS AND ing examiner on the complaint of the Commission charging New York City dis­ PART 13— DIGEST OF CEASE AND SPACE tributors of a reducing preparation des­ DESIST ORDERS Chapter III— Federal Aviation Agency ignated “Regimen-Tablets” and their ad­ vertising agency with representing falsely Nichols & Associates, Inc., et al. [Arndt. 46] in newspaper, magazine, and other ad­ Subpart—Advertising falsely or mis­ PART 610— MINIMUM EN ROUTE IFR vertising and by radio and television leadingly: § 13.15 Business status, ad­ ALTITUDES broadcasts that the preparation was safe vantages, or connections: Connections for use by all obese persons, that or arrangements with others; financing Miscellaneous Alterations through use of the tablets they could lose activities; service; § 13.185 Refunds, re­ weight without dieting and lose a specific pairs, and replacements; § 13.205 Scien­ The minimum en route IF R altitudes number of pounds in a given period, and appearing hereinafter have been coordi- tific or other relevant facts; § 13.225 that significant weight loss caused by the Services. irf/i * ^terested members of the removal of body fluids would be more industry in the regions concerned insofar than temporary. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 as practicable. The altitudes are After acceptance of an agreement aopted without delay in order to provide UJS.C. 45) [Order to cease and desist, John containing a consent order, the hearing Q. Green, Chicago, 111., Docket 7248, Apr. 22, k* a*r comrnerce. Compliance examiner made his initial decision and 1959] with the notice, procedures, and effective order to cease and desist which became date provisions of section 4 of the Ad- on April 17 the decision of the Commis­ 1 Complaint amended to show correct mistrative Procedure Act would be im­ sion. names of respondents. 4052 RULES AND REGULATIONS

In the Matter of Nichols & Associates, ing commission and will be refunded to employment, and is promulgated in the Inc., a Corporation, and Paul J. Da­ the property owner if the property is light of economic developments, admin­ mon, Richard W. Scott, and John not sold within a certain period of time; istrative experience in the operation of G. Green, Individually, and as Officers 8. That respondent’s services, in all orthe regulations since the effective date of of Said Corporation, and O’Neil J. most instances, have resulted in the sale the $1.00 an hour' statutory minimum Nichols, Individually, and as a Director of the advertised or listed properties. wage (Fair Labor Standards, Amend­ of Said Corporation ments of 1955, 69 Stat. 711), and after By “Decision of the Commission” , etc., consultation with interested parties in This proceeding was heard by a hear­ report of compliance was required as the industry.' ing examiner on the complaint of the follows : Therefore in accordance with section Commission charging a Chicago real es­ 4 of the Administrative Procedure Act tate firm and its officers with making It is ordered, That respondent John G. Green shall, within sixty (60) days after (60 Stat. 238; 5 U.S.C. 1003), and under certain misrepresentations in soliciting the authority of section 14 of the Fair the listing for sale and advertising of real service upon him of this order, file with Labor Standards Act of 1938 (52 Stat. estate, including false representations the Commission a report in writing set­ ting forth in detail the manner and 1068, as amended; 29 U.S.C. 214), Re­ that prospective buyers were available organization Plan No. 6 of 1950 (3 CFR, and interested in the specific properties form in which he has complied with the 1950 Supp., p. 165), and General Order listed; that the listing fee waa an ad­ order to cease and desist. No. 45-A (15 F.R. 3290) 29 CFR Part 522 vance on the sales commission and would Issued: April 22, 1959. is hereby amended as follows. be refunded when the property was sold By the Commission. or within a certain time; that he financed § 522.50 [Amendment] listed properties; that buying his adver­ [ s e a l ] R o bert M. P a r r ish , 1. Section 522.50 is amended by de­ tising and services would relieve the Secretary. leting the section designation “ § 522.55” property owner of all risks and obliga­ [F.R. Doc. 59-4219; Filed, May 19, 1959; where this appears on the fourth and last tions; that he would advertise the prop­ 8:46 a.m.] lines of this section, and inserting in erty nationally and was associated with lieu thereof the section designation over a thousand real estate brokers. “ § 522.56.” One officer entered into an agreement 2. The descriptive heading and the for a consent order and as to him the Title 29— LABOR first paragraph of § 522.51 is amended to hearing examiner made his initial deci­ read as follows: sion and order to cease and desist which Chapter V— Wage and Hour Division, became on April 22 the decision of the Department of Labor § 522.51 Applicability o f §§ 522.50 Commission. As to the other respond­ through 522.56. ents, the matter remains pending. PART 522— EMPLOYMENT OF For the purpose of §§ 522.50 through The order to cease and desist is as LEARNERS 522.56, the shoe manufacturing industry follows: Shoe Manufacturing Industry is'.defined as follows: It is ordered, That John G. Green, in­ § 522.53 [Amendment] ^ dividually and as an officer of Nichols & On April 3, 1959, notice was published Associates, Inc., corporate respondent, in the F ederal R egister (24 F.R. 2591) 3. Subparagraph (1), paragraph (b) and said respondent’s agents, repre­ that the Administrator, Wage and Hour of § 522.53 is amended by deleting the sentatives and employees, directly or and Public Contracts Divisions, proposed occupation “Niggerhead machine op­ through any corporate or other device, to amend 29 CFR Part 522 for the pur­ erator.” in connection with the offering for sale, pose of providing: (1) An increase pi sub­ § 522.55 [Amendment] or sale of advertising in newspapers or minimum wage rates s for learners em­ in other advertising media, or of other ployed under special certificates in the 4. Paragraph (a) of § 522.55 is amended services or facilities in connection with Shoe Manufacturing Industry, to 92 cents to read as follows: the offering or listing for sale, selling, and 98 cents, in lieu of 87 cents and 93 (a) The subminimum rates which may buying or exchanging, of business or any cents, respectively, which are presently be authorized in special certificates is­ other kind of property, in commerce, as provided; (2) deletion of the occupation sued In the shoe manufacturing industry “ commerce” is defined in the Federal “Niggerhead machine operator” from a shall be not less than 92 cents per hour Trade Commission Act, do forthwith list of occupations in which learners may for the first 240 hours and not less than cease and desist from representing di­ not be employed, because this occupation 98 cents per hour for the second 240 rectly or by implication: is included in the occupation “lasting, hours. 1. That respondent has available including side lasting by hand, but ex­ cluding slip lasting” which is also on the 5. A new section designated § 522.56 is prospective buyers who are interested in added to read as follows: the purchase of specific property; list; (3) for application of these amend­ 2. That property will be sold through ments, as of their effective date, to learn­ § 522.56 Amendment to certificates pre­ the efforts of respondents; ers employed pursuant to such special viously issued. 3. That respondent engages in any certificates; and (4) editorial amend­ Pursuant to § 522.8, learner certificates form of financing in connection with the ments to §§ 522.50 and 622.51 to include heretofore issued in the shoe manufac­ sale of property or businesses listed with references to a new § 522.56 added by this turing industry shall be amended to re­ the respondents; amendment. The notice provided a strict the employment of learners under 4. That the purchase of his advertis­ period of fifteen days within which inter­ such certificates to the limitations on ested persons might submit data, views, ing and services will relieve the property their employment under new certificates owner of all or any risks and obligations or arguments pertaining to the proposed in connection with the sale of property; regulations. which are expressed in § 522.55. 5. That respondent will advertise the No material objections were raised in (Sec. 14, 52 Stat. 1068, as amended; 29 U.S.C. property on a nation-wide scale in news­ the comments received. Upon consider­ 214) papers and periodicals, when such is not ation of all available relevant matter, This amendment shall take effect on the case; I conclude that the amendments should June 22, 1959. 6. That 1,000 or any other large num­ be adopted as proposed. ber of real estate brokers are associated The amendment is based on section 14 Signed at Washington, D.C., this 14th with him in the sale of property, unless of the Fair Labor Standards Act of 1938 day of May 1959. such brokers are actually engaged in (52 Stat. 1068, as amended; 29 U.S.C. C larence T. L u n d q uist, selling property listed and advertised by 214), providing in substance for the em­ Administrator. respondent; ployment of learners at subminimum 7. That the listing or service fee is wage rates to the extent necessary to [F.R. Doc. 59-4245; Filed, May 19, 1959; intended only as an advance of the sell- prevent curtailment of opportunities for 8:50 a.m.] Wednesday, M ay 20, 1959 FEDERAL REGISTER 4053

[C 3, AR 630-10, May 4, 1959] (S6c. 3012, 70A following the last day of leave, whichever Title 32— NATIONAL DEFENSE Stat. 157; 10 U.S.C. 3012) is applicable. This action is for record purposes only and the veteran will not Chapter V— Department of the Army B r u c e E a s l e y , Major General, U.S. Army, receive written notice of rehabilitation SUBCHAPTER B— CLAIMS AND ACCOUNTS Acting The Adjutant General. and shall not be paid subsistence allow­ ance for the 2 months following deter­ PART 536— CLAIMS AGAINT THE [F.R. Doc. 59-4213; Filed, May 19, 1959; 8:45 a.m.] mination of employability. The veteran’s UNITED STATES reentrance into training will not be Apprehension of Deserters jeopardized by this recording where re­ entrance is later found warranted. Paragraph (c) and (d) of § 536.30 are Title 33— NAVIGATION AND (72 Stat. 1114; 38 U.S.C. 210) revised to read as follows: These regulations are effective May 20, § 536.30 Apprehension. NAVIGABLE WATERS 1959. * * * ■ * * Chapter I— Coast Guard, Department [ s e a l ] B radford M o r s e , (c) Absentees and deserters to be ap­ of the Treasury prehended. Except as indicated in para­ Deputy Administrator. graph (d) of this section, all absentees PART 19— WAIVERS OF NAVIGATION [F.R. Doc. 59-4252; Filed, May 19, 1959; and deserters will be apprehended in­ AND VESSEL INSPECTION LAWS 8:50 a.m.] cluding those who absented themselves AND REGULATIONS without leave or deserted during the pe­ riod June 25, 1950 to July 27, 1953, Navigation Lights for British Naval inclusive. Vessels on the Great Lakes, 1959 Title 43— PUBLIC LANDS: (d) Classes of absentees not to be C ross R e f e r e n c e : For addition of apprehended or returned to military INTERIOR § 19.60, see Title 46, Part 154, F.R. Doc. control. The following classes of indi­ Chapter I— Bureau of Land Manage­ viduals will not be apprehended or re­ 59-4236, infra. turned to military control: ment, Department of the Interior (1) Deserters from the Regular Army APPENDIX— PUBLIC LAND ORDERS during the Spanish-American War. Title 38— PENSIONS, BONUSES, (2) Deserters during World War I. [Public Land Order 1848] (3) Deserters during World War II AND VETERANS’ RELIEF . [Sacramento 057645] (December 7,1941 to July 24,1947, inclu­ sive) . Chapter I— Veterans Administration [1119031] (4) Peacetime deserters whose trials for desertion are barred by the statute PART 21— VOCATIONAL REHABILI­ NEVADA AND CALIFORNIA of limitations, 10 U.S.C. 843 (Art. 43, TATION AND EDUCATION Adding Lands to Toiyabe National Uniform Code of Military Justice). Subpart A— Education and Training (5) Peacetime deserters who have re­ Forest; Partially Revoking Executive mained in a status of desertion for more of World War II Veterans and Vo­ Order No. 4203 of April 14, 1925 than 3 years but whose trials for deser­ cational Rehabilitation Under 38 tion are not barred by the statute of limi­ U.S.C. Chapter 31 By virtue of the authority vested in the tations, 10 U.S.C. 843 (Art. 43, Uniform President by section 1 of the act of June Code of Military Justice). This subpar­ M iscellaneous A m e n d m e n t s 4, 1897 (30 Stat. 34, 36; 16 U.S.C. 473) agraph pertains to deserters who, during 1. In § 21.225, paragraph (b) is amend­ and the act of February 20,1925 (43 Stat. all or any portion of the 3 years statutory ed and paragraph (c) is added to read as 952), and pursuant to Executive Order period from date of AWOL: follows: No. 10355 of May 26,1952, and upon rec­ ommendation of the Secretary of Agri­ (i) Have been confined in a State § 21.225 Training o f psychiatric pa­ penal institution or State hospital, or culture, it is ordered as follows: tients while on trial visit from Vet­ 1. Subject to valid existing rights, the (ii) Have been residing' in a foreign erans Administration hospital. country in which the United States does following-described lands in Nevada and not have authority to apprehend, or * * * * * California are hereby added to and re­ (iii) Have been aboard any vessel (b) He is currently rated incompetent served as a part of the Toiyabe National which is not under United States regis­ but has a legally appointed guardian, or Forest and the boundaries of the said try, or (c) He is currently rated incompetent forest are adjusted accordingly: and has no legally appointed guardian (iv) Have been deprived of the protec­ M o u n t D iablo M eridian tion of the statute of limitations by but his subsistence allowance for training reason of receipt of sworn charges and under Chapter . 31 will be withheld until NEVADA specifications by the officer exercising he is found competent or until a guardian T. 13 N., It. 18 E„ summary court-martial jurisdiction over is appointed. In such cases arrange­ Sec. 26, S E ^ S E ^ ; the command which formerly included ments will be made with the manager of Sec. 35, Lot 7 and Ey2NE»4. the accused. the Veterans Administration hospital to CALIFORNIA release funds in the veteran’s account in The periods of absence from the jurisdic­ the personal funds of patients to be used T. 20 N., R. 17 E., Sec. 24, NW % SEi4. tion of the United States Government set for the veteran’s subsistence while in forth in this subparagraph constitute training. The areas described aggregate approx­ impediments to the running of the sta­ 2. Section 21.281(b) is amended to imately 195 acres. tute of limitations and are excluded from read as follows: 2. Executive Order No. 4203 of April the periods of limitations. Personnel falling within these categories will not § 21.281 Status “rehabilitated” . 14, 1925, which withdrew lands for class­ be shown on the morning report of any * * * * * ification, is hereby revoked so far as it organization as returned to military con­ (b) When a trainee discontinues his affects any of the above-described trol nor will DD Form 616 be prepared training for reasons other than fraud or lands. by the field organization. I f these in­ severance of service connection and it is R oger E r n s t , dividuals inquire about their status, they determined that he has accepted employ­ Assistant Secretary of the Interior. jyul be advised to submit their cases to ment in an occupation which is compat­ M a y 13, 1959. Adjutant General,- Department of ible with his disability, he will be placed the Army, Washington 25, D.C., ATTN: in status “rehabilitated” the day follow­ [F.R. Doc. 59-4220; Filed, May 19, 1959; AGPO-d a . ing the last day of instruction or the day 8:46 am .] No. 98------2 4054 RULES AND REGULATIONS

[Public Land Order 1849] amended to describe the Alpine Loop Westerly, 8,700 feet to a point on the main Roadside Zone and the Cascade Springs high water line of the Beaufort Sea from ARIZONA Recreation Area as being within the which point the U.S.C. & G.S. Triangula­ tion Station “Wainwright’’ bears S. Withdrawing Public Lands Within Uinta rather than the Wasatch National 62°00'00'' E./a distance of 500 feet; Coconino National Forest for Use of Forest. Southwesterly, along the mean high water the Forest Service as an Adminis­ R oger E r n s t , line of the Beaufort Sea to a point from Assistant Secretary of the Interior. which U.S.C. & G.S. Triangulation Sta­ trative Site and a Recreation Area tion “Wainwright” bears N. 66°00'00" M a y 14, 1959. By virtue of the authority vested in the E., 1,150 feet; S. 76°00'00" E., 6,150 feet; President by the Act of June 4, 1897 (30 [P.R. Doc. 59-4222; Filed, May 19, 1959; 8:47 a.m.] S. 24°00'00'' E., 10,240 feet to the mean high Stat. 34,36; 16 U.S.C. 473) and otherwise, water line of the Wainwright Lagoon; and pursuant to Executive Order No. Southeasterly, along the mean high water 10355 of May 26, 1952, it is ordered as line of Wainwright Lagoon to point of follows: beginning. Subject to valid existing rights, the [Public Land Order 1851] The area described contains approximately following-described public lands within ALASKA 3,724 acres, instead of the 2,180 acres orig­ the Coconino National Forest, Arizona, inally described. are hereby withdrawn from all forms of Amending Public Land Order No. 1571 [Fairbanks 012722] appropriation under the public land laws, of December 26,1957, Which With­ I cy Cape including the mining but not the min­ drew Public Lands for Use of De­ eral-leasing laws nor the disposal of ma­ Parcel 1 terials under the act of July 31, 1947 (61 partment of the Air Force for Mili­ Beginning at a point on the south shore of Stat. 681; 69 Stat. 367; 30 U.S.C. 601-604) tary Purposes Kasegaluk Lagoon, near Icy Cape, approx­ as amended, and reserved for use of the By virtue of the authority vested in imate latitude 70*18' N., longitude 161*56' Forest Service, Department of Agricul­ the President and pursuant to Executive W., from which point the U.S.C. & G.S. Tri­ ture, as an administrative site and a rec­ Order No. 10355 of May 26, 1952, it is angulation Station “Acacia” bears N. 23*10' reation area as indicated: ordered as follows: W., approximately 6,530 feet, thence [Arizona 018628] Subject to valid existing rights, the S. 49°30'16" E., 2,280 feet; S. 40°29'44" W., 2,480 feet; G ila and Salt R iver M eridian land descriptions for the following- named projects described in Public Land N. 49*30'16" W., 2,810 feet to a point on the Lake View Picnic Area shore of Kasegaluk Lagoon; Order No. 1571 of December 26,1957, are N. 27*14'44" E., 1,990 feet; T. 20 N„ R. 8 E., hereby amended to read as follows: S. 78°45'16" E., 1,120 feet to point of be­ Sec. 36, S% NE% SE% SE]4, NW % SE]4SE]4» ginning. n i/2si/2s e % s e ^ , N E 1/4SW 14SE14, sy2 [Fairbanks 012716] The area described contains approximately NW ]4SW ]4SE]4, N y2 SW % SW V4 s e %, Ny2 Cafe Sabine 169 acres. SEJ4 SW 14SE14, Sy2Ni/2SE% SW % , Ni/2 Parcel 2 S%SE^SW1A, NI/2SW 1/4SW 1/4 , NV£S]4 Beginning at a point on the east shore of SW]4SW]4, and S^SW ^NW ^SW ^. Chukchi Sea, approximate latitude 69° 00' N., Beginning at a point on the northerly coast longitude 163°53' W., from which the U.S.C. of Alaska, approximate latitude 70*19' N., The areas described contain 105 acres. & G.S. Triangulation Station Raven bears S. longitude 161*54' W., from which U.S.C. & 13*31'50” W., a distance of 8,220 feet, thence [Arizona 019858] G.S. Triangulation Station “Icy Cape” bears S. 55°10'45" E., 2,140 feet; S. 45°27'23'' W., 5,330 feet, thence G ila and Salt R iver M eridian N. 69°45'00" E., 3,992 feet; South, 1,800 feet to the mean high water Timber Administrative Site N. 34°49’15" E., 1,950 feet; line of Kasegaluk Lagoon; N. 55°10'45" W., 4,440 feet to a point on Northeasterly, 1,850 feet along the mean T. 14 N., R. 11 E., the shore of the Chukchi Sea in the vi­ Sec. 9, sy2Ny2S E ^ and Sy2SE»4. high water line of Kasegaluk Lagoon; cinity of Cape Beaufort; North, 870 feet to the mean high water line The areas described contain 120 acres. Southwesterly, 5,240 feet along the shore of the Chukchi Sea; This order shall take precedence over of the Chukchi Sea to point of beginning. Northwesterly, 1,250 feet along the mean but not otherwise affect the existing res­ The area described contains approximately high water line; ervation of the lands for national forest 431 acres, instead of the 258 acres originally South, 670 feet to the point of beginning. purposes. described. The area described contains approxi­ mately 49 acres. R oger E r n s t , [Fairbanks 012718] Assistant Secretary of the Interior. Olik to k Po in t The areas described contain approxi­ mately 218 acres, instead of the 169 acres M a y 13, 1959. Beginning at the U.S.C. & G.S. Triangula­ originally described. tion Station “Oliktok West Base” on the [P.R. Doc. 59-4221: Piled, May 19, 1959; northerly coast of Alaska, thence [Fairbanks 012723] 8:46 a.m.] South, 6,000 feet; P o in t L a y West, 5,700 feet; Parcel 1 North, 3,250 feet to the mean high water Beginning at a point on the east shore line [Public Land Order 1850] line of the Beaufort Sea; Northeasterly, along the high water line to of Kasegaluk Lagoon opposite Point Lay, ap­ [Utah 019139] the end of Oliktok Point; proximate latitude 69°43' N., longitude Southeasterly, along the mean high water 163*00' W., from which point the U.S.C. & UTAH line to a point due north of the point of G.S. Triangulation Station “Beth” bears S. 59*00' W., approximately 13,800 feet, thence Amending Public Land Order No. 1725 beginning; South, 450 feet to the point of beginning. East, 12,300 feet; of September 9, 1958 The area described contains approximately North, 8,560 feet; By virtue of the authority vested in 759 acres, instead of the 2,325 acres originally West, 13,770 feet to a point on the mean the President by the act of June 4, 1897 described. high water line of Kasegaluk Lagoon; [Fairbanks 012720] Southerly, 12,070 feet along the mean high (30 Stat. 34, 36; 16 U.S.C. 473), and water line on Kasegaluk Lagoon to point otherwise, and pursuant to Executive W ainw righ t of beginning. Order No. 10355 of May 26, 1952, is or­ Beginning at a point on the mean high The area described contains approximately dered as follows: water line of Wainwright Lagoon approximate 2,875 acrjig. Public Land Order No. 1725 of Sep­ latitude 70*37' N., longitude 159*51' W., from Parcel 2 tember 9, 1958, appearing in the F ederal which the United States Coast and Geodetic R egister of September 9, 1958 at page Survey Triangulation Station “Aloak” (1947) Beginning at a point on the mean high 6909, which withdrew national forest bears N. 32°00'00'' E., 6,650 feet, thence water line of Kasegaluk Lagoon on the north­ erly coast of Alaska^ approximate latitude lands for use of the Forest Service, as N. 69”00'00" E„ 8,900 feet; 69*45' N., longitude 163*03' W., from which administrative sites, recreation areas, N. 21°00'00" W „ 6,000 feet; U.S.C. & G.S. Triangulation Station “Floss” and other public purposes, is hereby N. 49*30'00” W., 16,650 feet; bears S. 2*00'00'' E., 3,600 feet, thence Wednesday, M ay 20, 1959 FEDERAL REGISTER 4055

Northerly, 1,300 feet along the mean high This order shall take precedence over [Public Land Order 1854] water line of Kasegaluk Lagoon; but not otherwise affect the existing [1087109] West, 550 feet to the mean high water reservation of the lands for national mark of the Chukchi Sea; NEVADA Southerly, 1,300 feet along the mean high forest purposes. water line of the Chukchi Sea; R oger E r n s t , Partially Revoking Departmental East, 550 feet to the point of beginning. Assistant Secretary of the Interior. The area described contains approximately Order of April 21, 1923, as Amend­ M a y 14, 1959. 17 acres. ed by Departmental Order of Janu­ The areas described contain approximately [F.R. Doc. 59-4224; Filed, May 19, 1959; ary 27, 1936 (Colorado River 2,892 acres, instead of the 2,875 acres orig­ 8:47 a.m.] Storage Project) inally described. To the extent that the amendment By virtue of the authority vested in the made by this order increases the areas Secretary of the Interior by section 3 of originally described, the additional lands [Public Land Order 1853] the act of June 17, 1902 (32 Stat. 388; are hereby withdrawn in accordance [Idaho 09930] 43 U.S.C. 416), it is ordered as follows: with the provisions of Public Land Order 1. The departmental order of April 21, No. 1571. Lands released from the with­ IDAHO 1923; as amended by departmental order of January 27, 1936, which withdrew drawal made by that order will remain Withdrawing Public Lands Within withdrawn in Public Land Order No. 82. lands for reclamation purposes in the Nezperce National Forest for Use of first form in connection with the Colo­ R oger E r n s t , the Forest Service as a Streamside rado River Storage Project, Nevada, is Assistant Secretary of the Interior Zone and Recreation Area hereby revoked so far as it affects the fol­ lowing-described lands: M a y 14,1959. By virtue of the authority vested in the M o u n t D iablo M eridian [F.R. Doc. 59-4223; Filed, May 19, 1959; President by the Act of June 4, 1897 8:47 a.m.] (30 Stat. 34, 36; 16 U.S.C, 473) and T. 13, S., R. 71 E., otherwise, and pursuant to Executive Sec. 17, Lot 1; Order No. 10355 of May 26, 1952, it is Sec. 18* lots 5, 6, 7, and 9, NWi4NE%, and ordered as follows: Ny2NWy4; Sec. 19, lots 5, 6, 7, and 8. [Public Land Order 1852] Subject to valid existing rights*, the [Arizona 019742] following-described public lands within The areas described contain approxi­ the Nezperce National Forest in Idaho mately 362 acres. ARIZONA arehereby withdrawn from all forms of 2. The lands are located in northeast appropriation under the public land Clark County, near the town of Mesquite. Reserving Lands for Use of the Forest laws, including the mining but not the No applications are being received under Service for Research Purposes mineral leasing law$ nor the disposal the Small Tract Act, for lands in Clark of materials under the Act of July 31, County. By virtue of the authority vested in the 1947 (61 Stat. 681; 69 Stat. 367; 30 U.S.C. 3. No application for the lands may be President by the act of June 4, 1897 (30 601-604) as amended, and reserved for allowed under the homestead, desert- Stat. 34*36; 16U.S.C. 473) and otherwise, use of the Forest Service, Department of land, or any other nonmineral public-- and pursuant to Executive Order No. Agriculture, for a streamside zone and land law unless the lands have already 10355 of May 26, 1952, it is «ordered as recreation area: been classified as valuable or suitable follows: B oise M eridian for such type of application, or shall be Subject to valid existing rights, the so classified upon the consideration of an following-described public lands within O’Hara Streamside Zone and Recreation application. Any application that is filed the Prescott National Forest, are hereby Area will be considered on its merits. The withdrawn from all forms of appropria­ A strip of land 330 feet wide being 165 lands will not be subject to occupancy tion under the public land laws, includ­ feet wide on each side of the center of O ’Hara or disposition until they have been ing the mining but not the mineral-leas­ Creek beginning at the mouth of O’Hara classified. ing laws nor the disposal of materials Creek and extending upstream approximately 4. - Subject to any valid existing rights under the act of July 31, 1947 (61 Stat. 6.5 miles to the mouth of W art Creek and lo­ cated wholly within the following sub­ and the requirements of applicable law, 681; 69 Stat. 367; 30 U.S.Q. 601-604) as divisions : the lands are hereby opened to filing of amended, and reserved for use of the T. 31 N„ R. 7 E., applications, selections, and locations in Forest Service, Department of Agricul­ Sec. 1, lots 2 and 3, S W ^ N E ^ , S E ^ N W ^ , accordance with the following: ture, in connection with research proj­ NEJ4 SW 14, Wy2SEi4 , and SE^SE^;* a. Applications and selections under ects being conducted in furtherance of Sec. 12, E y2; the nonmineral public-land laws may be the act of May 22, 1928 ,(45 Stat. 699; Sec. 13, E % N E %, and N E ^ S E ^ ; presented to the Manager mentioned 16 U.S.C. 581a-581k) as amended: Sec. 24, E 14SE 14; below, beginning on the date of this Sec. 25, N E 14NE 14. order. Such applications and selections G ila and Salt R iver M eridian T. 32 N„ R. 7 E., will be considered as filed on the hour Sec. 25, lots 5, 7, 8, 9, 14; and 15; PRESCOTT NATIONAL FOREST Sec. 36, NE^, SE%SW%, and wy2SE^. and respective dates shown for the vari­ White Spar Watersheds T. 31 N.,R . 8E „ ous classes enumerated in the following Unsurveyed paragraphs: T. 13 N„R. 3 W., Sec. 18, W y2; (1) Applications * by persons having Sec. 23, Ey, of lots 5 and 12; Sec. 19, W Vi. Sec. 24, lots 3, 4, WyaSE%, a n d S W ^ ; prior existing valid settlement rights, Sec. 25, lots 1, 2, Wy2NE^, wy2, and w y2 The tract described contains approxi­ preference rights conferred by existing SE%; mately 260 acres. laws, or equitable claims subject to al­ Sec. 26, Ey2Ey2Ey2; This order shall be subject to the exist­ lowance and confirmation will be adju­ Sec. 36, N ^ N W ]4 . ing withdrawal for power purposes and dicated on the facts presented in support of each claim or right. All applications The areas described aggregate 1,029.69 shall take precedence over but not other­ presented by persons other than those acres. wise affect the existing reservation of the Mingus Watersheds referred to in this paragraph will be sub­ lands for national forest purposes. ject to the applications and claims men­ T. 15 N., R. 2 E., unsurveyed tioned in this paragraph. Sec. 20, sy2SWy4SEi/4; R oger E r n s t , Sec. 29, excepting existing mineral patents Assistant Secretary of the Interior. (2) All valid applications under the totalling 13 acres. Homestead and Desert Land Laws by M a y 14, 1959. qualified veterans of World War II or The areas described aggregate 647 [F.R. Doc. 59-4225; Filed, May 19, 1959; of the Korean Conflict, and by others 8:47 a.m.] entitled to preference rights under the 4056 RULES AND REGULATIONS act of September 27, 1944 (58 Stat. 747; The areas described aggregate 450.28 (1) Applications by persons having 43 U.S.C. 279-284 as amended), pre­ acres. prior existing valid settlement rights, sented prior to 10:00 a.m. on June 19, The lands described shall be subject preference rights, conferred by existing 1959 will be considered as simultaneously only to leasing under the mineral-leas­ laws, or equitable claims subject to al­ filed at that hour. Rights under such ing laws and the disposal of materials lowance and confirmation will be ad­ preference right applications filed after under the act of July 31, 1947, as judicated on the facts presented in that hour will be governed by the time amended, as provided by paragraph support of each claim or right. All ap­ of filing. 1(a) of Public Land Order No. 1726. plications presented by persons other (3) All valid applications and selec­ than those referred to in this paragraph R oger E r n s t , tions under the nonmineral public-land Assistant Secretary of the Interior. will be subject to the applications and laws, other than those coming under claims mentioned in this paragraph. paragraphs (1) and (2) above, presented M a y 14, 1959. (2) All valid applications under the prior to 10:00 a.m. on September 18, [F.R. Doc. 59-4227; . Filed, May 19, 1959; Homestead, Desert Land, and Small 1959 will be considered as simultane­ 8:47 a.m.] Tract Laws by qualified veterans of ously filed at that hour. Rights uncjer World War II or of the Korean Conflict, such applications and selections filed and by others entitled to preference after that hour will be governed by the rights under the act of September 27, time of filing. [Public Land Order 1856] 1944 (58 Stat. 747; 43 U.S.C. 279-284 as b. The lands have been open to appli­ [Montana 028089] amended), presented prior to 10:00 a.m. cations and offers under the mineral on June 19, 1959, will be considered as leasing laws. They will be open to loca­ MONTANA simultaneously filed at that hour. tion under the United States Mining Rights under such preference right ap­ Laws at 10:00 a.m. on September 18, Partially Revoking Departmental plications filed after that hour will be 1959. Order of January 31, 1936; Air governed by the time of filing. 5. Persons claiming veterans pref­ Navigation Site Withdrawal No. (3) All valid applications and selec­ erence rights must enclose with their 103 tions under/the non-mineral public-land applications proper evidence of military laws, other than those coming under par­ or naval service, preferably a complete By virtue of the authority vested in the agraphs (1) and (2) above, presented photostatic copy of the certificate of Secretary of the Interior by section 4 of prior to 10:00 a.m. on September 18,1959, honorable discharge. Persons claiming the act of May 24, 1928 (45 Stat. 729; 49 will be considered as simultaneously filed preference rights based upon valid set­ U.S.C. 214), it is ordered as follows: at that hour. Rights under such appli­ tlement statutory preference, or equi­ 1. The departmental order of January cations and selections filed after that table claims must enclose properly 31, 1936, which withdrew certain lands hour will be governed by the time of corrobrated statements in support of for use of the Civil Aeronautics Adminis­ filing. their claims. Detailed rules and regula­ tration, Department of Commerce, as b. The lands will be open to applica­ tions governing applications which may Air Navigation Site Withdrawal No. 103, tions and offers under the mineral-leas­ be filed pursuant to this notice can be is hereby revoked so far as it affects the ing laws, and to location under the found in Title 43 of the Code of Federal following-described lands: United States mining laws beginning at Regulations. P rincipal M eridian 10:00 a.m. on September 18, 1959. Inquiries concerning the lands shall T. 4 N., R. 4 W.. 6. Persons claiming veterans prefer­ be addressed to the Manager, Land Sec. 30, NW^4NE%. ence rights must enclose with their ap­ Office, Bureau of Land Management, plications proper evidence of military or Reno, Nevada. The area described contains 40 acres. naval service, preferably a complete 2. The lands lie 15 miles north of R oger E r n s t , photostatic copy of the certificate of Assistant Secretary of the Interior. Whitehall, Montana, and about two miles honorable discharge. Persons claiming west of a good, improved graveled coun­ preference rights based upon valid settle­ M a y 14,1959. ty road. The soil is a course, granitic ment, statutory preference, or equitable [F.R. Doc. 59-4226; Filed, May 19, 1959; sandy loam. The vegetative cover is claims must enclose properly corrobo­ 8:47 a.m.] composed of an open grass-sage-wood­ rated statements in support of their land type. claims. Detailed rules and regulations 3. The State of Montana has waived governing applications which may be the preference right of application filed pursuant to this notice can be found [Public Land Order 1855] granted to it by subsection (c) of section in Title 43 of the Code of Federal 2 of the act of August 27, 1958 (72 Stat. Regulations. [Oregon 03791,04135, 04645] 928; 43 U.S.C. 851, 852). 4. No application for the lands may be Inquiries concerning the lands shall be OREGON allowed under the homestead, desert- addressed to the Manager, Land Office, land, small tract, or any other nonmin­ Bureau of Land Management, Billings, Amending Public Land Order No. 1726 eral public-land law unless the lands Montana. of September 3,1958 have already been classified as valuable R oger E r n s t , or suitable for such type of application, Assistant Secretary of the Interior. Public Land Order No. 1726 of Sep­ or shall be so classified upon the con­ M a y 14, 1959. tember 3, 1958, appearing as Federal sideration of an application. Any appli­ Register Document 58-7243, at pages cation that is filed will be considered on [F.R. Doc. 59-4228; Filed, May 19, 1959; 7002-7004 of the issue of September 10, its merits. The lands will not be subject 8:47 a.m.] 1958, is hereby amended to the extent to occupancy or disposition until they necessary to describe the following lands have been classified. as withdrawn under the jurisdiction of 5. Subject to any valid existing rights the Secretary of Agriculture, under and the requirements of applicable law, [Public Land Order 1857] paragraph 1(a) of that order, rather the lands are hereby opened to filing of [Montana 031824] than under the jurisdiction of the Secre­ applications, selections, and locations in tary of the Interior, as described in accordance with the following: MONTANA paragraph 1(b): a. Applications and selections under Revoking Departmental Order of W illamette Meridian the nonmineral public-land laws may be December 18, 1939 presented to the Manager mentioned be­ T. 35 S., R. 11 W. low, beginning on. the date of this order. By virtue of the authority vested in the Sec. 6, Lots 8, 9,10, 14, and S E ^ S W 1^. Secretary of the Interior by section 3 of T. 35 S., R. 12 W. Such applications and selections will be Sec. 10, Lots 1,16, and 17; considered as filed on the hour and re­ the Act of June 17, 1902 (32 Stat. 388; Sec. 11, Lots 2,4, 5, and 16; spective dates shown for the various 43 U.S.C. 416), it is ordered as follows: Sec. 12, Lot 3; classes enumerated in the following The departmental order of December Sec. 15, Lot 1. paragraphs: 18, 1939, which withdrew the following- Wednesday, May 20, 1959 FEDERAL REGISTER 4057 described lands for reclamation purposes in the "Rules of the Road” for the Great thereto and published in 33 CFR Part 90, in the first form in connection with the Lakes and their connecting and tributary to the extent necessary to permit the Cabinet Gorge Reservoir Site, Montana, waters, which are administered and en­ operation of the Royal yacht “H.M.Y. is hereby revoked: forced by the Coast Guard to the extent Britannia” and the frigate “H.M.S. necessary to permit the Royal yacht Ulster” in all of the Great Lakes and M ontana Principal M eridian “H.M.Y. Britainia” and the frigate their connecting and tributary waters, T. 25 N., R. 32 W .t “ H.M.S. Ulster,” as well as certain Brit­ which are under the jurisdiction of the Sec. 4, lots 2, 6, 7, 8, 9,10,11, and 12; ish Naval vessels of the Fifth Frigate United States, without complying in Sec. 10, lots 1, 2, 3,4, 5,6, and 7; Squadron, to operate in the Great Lakes every detail with the navigation light Sec. 22, lots 1, 2, 5, and 6. and their connecting and tributary requirements governing Great Lakes’ T. 26 N., R. 32 W., Sec. 18, SSB%SWi4; waters, which are under the jurisdiction vessels. This waiver order shall be in Sec. 20, lot 2; of the United States, without complying effect from June 15 to and including Sec. 32, lots 1 and 4. in all details with the navigation light July 31, 1959. T. 26 N., R. 33 W., requirements governing vessels while in (b) Pursuant to the provisions of Sec. 3, lots 2, 3, 4, S E ^ N W ^ , and S W ^ ; Great Lakes waters. Section 1 of the Act of December 27, Sec. 5, lots 9,10, and 11; It is hereby found that compliance 1950 (64 Stat. 1120; 46 U.S.C. note prec. Sec. 10, lots 3 and 4; with the Administrative Procedure Act 1), I hereby waive in the interest of na­ Sec. 14, lots 5 and 6; . (respecting notice of proposed rule tional defense compliance with the pro­ Sec. 24, lot 4. T : 27N., R. 33 W., making, rule making procedure thereon, visions of the “Rules of the Road” for Sec. 31, lots 1, 2, 3, 4, 8, 13 to 37, inclusive, and effective date requirements thereof) the Great Lakes and their connecting and SEV4NW 14 (formerly lots 1 to 9, in­ is contrary to the public interest. and tributary waters relating to naviga­ clusive, lot 12 ); By virtue of the authority vested in me tion light requirements, as well as any Sec. 32, lots 3, 4, 5, 6, 7, NE yAN W ^ NW % as Commandant, United States Coast regulation prescribed relating thereto SW & , E1/2N W % SW % , E 1/2NE1/4SW^4 Guard, by an order of the Acting Secre­ and published in 33 CFR Part 90, to the SWJ4 (formerly lots 1, 2, and 3), tary of the Treasury, dated January 23, extent necessary to permit the operation T. 27 N., R. 34 W., Sec. 20, lot 4; 1951, identified as CGFR 51-1, and pub­ of British Naval vessels of the Fifth Sec. 21, lot 3; lished in the F ederal R e g ister January Frigate Squadron in all of the Great Sec. 25, SW 1/4SW 14; 26, 1951 (16 F.R. 731), the following Lakes and their connecting and tribu­ Sec. 28, lot 9; waiver order is promulgated and shall tary waters, which are under the juris­ Sec. 34, lots 1 and 3. be in effect during the periods of time diction of the United States, without The areas described aggregate 1,302.26 specified below unless sooner terminated complying in every detail with the navi­ by proper authority: acres. gation light requirements governing Most of the lands are within the Ka- § 154.60 Navigation lights for certain Great Lakes’ vessels. This waiver order niksu National Forest and all of them are British naval vessels on Great Lakes, shall be in effect from August 21 to and included in Power Project No. 2058, op­ 1959. including September 15, 1959, unless sooner terminated by proper authority. erating under license from the Federal (a) Pursuant to the provisions of sec­ Power Commission. tion 1 of the Act of December 27, 1950 (Sec. X, 64 Stat. 1120; 46 U.S.C., note prec. 1) R oger E r n s t , (64 Stat. 1120; 46 U.S.C., note prec. 1), Dated: May 14,1959. Assistant Secretary of the Interior. I hereby waive in the interest of national [ s e a l ] A . C. R ic h m o n d , M a y 14,1959. defense compliance with the “ Rules of the Road” for the Great Lakes and their Vice Admiral, U.S. Coast Guard, [F.R. Doc. 59-4229; Piled, May 19, 1959; Commandant. 8:48 a.m.] connecting and tributary waters relating to navigation light requirements, as well [F.R. Doc. 59-4236; Filed, May 19, 1959; as any regulation prescribed relating 8:49 a.m.] Title 46— SHIPPING Chapter I— Coast Guard, Department of the Treasury PROPOSED RULE MAKING SUBCHAPTER O— REGULATIONS APPLICABLE TO CERTAIN VESSELS DURING EMERGENCY [CGFR 59-12] sidered at the April 27,1959, Public Hear­ DEPARTMENT OF THE TREASURY ing and annual session of the Merchant PART 154— WAIVERS OF NAVIGA­ Marine Council. It contains the action Coast Guard TION AND VESSEL INSPECTION taken with respect to Item V III of the LAWS AND REGULATIONS 1 [ 46 CFR Parts 35, 78, 97, 146, 162 3 Agenda. Many requests were received before Navigation Lights for British Naval [CGFR 59-17] and at the Public Hearing for extension Vessels on the Great Lakes, 1959 POWER-OPERATED INDUSTRIAL of time for the submission of comments TRUCKS with respect to Item VIII. Therefore, an A request has been received through extension of six months for the submis­ the Office of the Chief of Naval Opera­ Written Comments on Proposed sion of written comments is granted with tions, Department of the Navy, concern­ Regulations respect to Item V III, the proposed regu­ ing visits of certain British Naval vessels lations regarding power-operated indus­ to the Great Lakes during 1959. Certain Pursuant to the notice of proposed rule trial trucks. vessels of the British Royal Navy, such making published in the F ederal R e g is ­ On the basis of the comments already as frigates, have only one mast on which ter on April 9, 1959 (24 F.R. 2746-2748), received and those written comments navigation lights can be fitted. Since and Merchant Marine Council Public which will be received prior to October wiese vessels are visiting ports on the Hearing Agenda CG-249 dated April 27, 27,1959, the proposed regulations will be Great Lakes upon invitation, it has been 1959, the Merchant Marine Council held revised. These revised proposed regula­ requested that such British Naval vessels a Public Hearing on April 27,1959, for the tions then will be included in the Mer­ which are unable to comply with the purpose of receiving comments, views chant Marine Council Public Hearing navigation light requirements in the and data. The proposed regulations to Agenda for the next annual session Rules of the Road” for the Great Lakes govern the use of power-operated indus­ be exempted. scheduled for the spring of 1960. trial trucks were set forth-in detail as Even though a long extension of time The purpose for the following waiver Item VIII of that Agenda, as well as in has been allowed for submitting written opo desig!iate(i § 154.60, as well as 33 the previously mentioned F ederal R e g is­ comments and the proposed regulations CFR 19.6O is to waive the requirements ter of April 9, 1959. as revised will not come up for a Public This document is the first of a series Hearing until next year, it is urged that 1This is also codified as 33 CFR Part 19. covering the regulations and actions con­ additional written views be submitted 4058 PROPOSED RULE MAKING and that this be done as soon as possible § 9.3 General provisions. additional standards as he may deem ap­ in order to permit the Coast Guard ade­ ***** propriate in the circumstances, giving quate time to thoroughly study and (e) No permit, lease, or easement for due consideration to the need for di­ evaluate them. erection and maintenance of advertising rectional and other official signs, the de­ All views and comments should be sent displays on public lands adjacent to the sirability of permitting,where alternative to the Commandant (CMC), United National System of Interstate and De­ sites are not readily available, signs ad­ States Coast Guard, Washington 25, fense Highways (23 U.S.C.) will be issued vertising legitimate activities being con­ D.C. In order to insure consideration of under the regulations of this part, except ducted at a location within a reasonable comments and to facilitate checking and in conformity with, and subject to, the distance thereof, and the interest of the recording, it is preferred that each com­ national standards prepared and pro­ traveling public in, and its need for, spe­ ment regarding a section or paragraph mulgated by the Secretary of Commerce. cific types of information. of the proposed regulations be submitted No permit, lease, or easement for erec­ P e r m it s fo r A d v e r t is in g D is p l a y s on Coast Guard Form CG-3287, copies tion and maintenance of advertising dis­ of which were attached to the Agenda plays on public lands adjacent to any § 258.16 Advertising displays on public and may be reproduced, or copies may other highway will be issued under the lands without permission unauthor­ be obtained upon request from the Com­ regulations of this part if the proposed ized. mandant (CMC). However, all com­ display would not conform with the The erection or maintenance on the ments should show the section or standards or policies established by the public lands of advertising displays, paragraph number, the proposed change, appropriate State or local governmental without permission, is unauthorized. the reason or basis, and the name, busi­ entities which have authority to estab­ Any advertising displays erected or main­ ness firm or organization (if any), and lish such standards or policies. Where tained on the public lands, except under the address of the submitter. the authorized officer finds that estab­ authority and pursuant to the terms and Dated: May 13, 1959. lished standards or policies are insuffi­ conditions of a lease, permit, or easement cient in connection with any application issued by the authorized officer under [ s e a l ] A. C. R ic h m o n d , under the regulations of this part ade­ applicable regulations (see also Part 9 of Vice Admiral, U.S. Coast Guard, this title and Part 254 of this chapter) Commandant. quately to promote the safety, conven­ ience, and enjoyment of public travel, to shall be deemed to be in trespass (see [F.R. Doc. 59-4235; Filed, May 19, 1959; protect the public investment in the Part 288 of this chapter). 8:49 a.m.] highway or in the adjacent public lands, § 258.17 Definitions. to preserve for the public significant scenic or other recreational values in the (a) The words “ advertising displays,” public lands, or otherwise to protect the as used in the regulations of this part, DEPARTMENT OF THE INTERIOR public interest, he shall establish such mean any signs, displays, or devices Bureau of Land Management additional standards as he may deem ap­ erected or maintained for outdoor ad­ propriate in the circumstances, giving vertising or for outdoor public informa­ E 43 CFR Parts 9, 254, 258 ] due consideration to the need for direc­ tion purposes, except signs erected and ERECTION AND MAINTENANCE OF tional and other official signs; the de­ maintained by Federal, State, or local highway authorities within highway ADVERTISING DISPLAYS ON PUB­ sirability of permitting, where alterna­ tive sites are not readily available, signs rights-of-way. LIC LAND advertising legitimate activities being (b) The word “highway” in the regu­ Notice of Proposed Rule Making conducted at a location within a reason­ lations of this part is used in its general able distance thereof, and the interest sense to include all routes of public sur­ Basis and purpose. Notice is hereby of the traveling public in, and its need face travel. given that pursuant to the authority for, specific types of information. vested in the Secretary of the Interior § 258.18 Policy. by the acts of June 14,1926 (44 Stat, 741 ; § 254.5 General limitations and condi­ No permit for erection and mainte­ 43 U.S.C. 869: 1-3), as amended, and of tions on dispositions. nance of advertising displays on public September 3, 1954 (68 Stat. 1146; 43 ***** lands adjacent to the National System U.S.C. 931c, 931d), and sections 453 (g) No lease or patent authorizing use of Interstate and Defense Highways (23 and 2478 of the Revised Statutes (43 of lands for erection and maintenance of U.S.C.) will be issued under the regula­ U.S.C. 2 and 1201), it is proposed to advertising displays on public lands tions of this part, except in conformity amend §§ 9.3, 254.5, and 258.16-258.26 adjacent to the National System of In­ with, and subject to, the national as set forth below. The purpose of this terstate and Defense Highways (23 standards prepared and promulgated by amendment is to provide revised regula­ U.S.C.) will be issued under the regula­ the Secretary of Commerce. No permit tions governing the erection and main­ tions of this part, except in conformity for erection and maintenance of adver­ tenance of advertising displays on public with, and subject to, the national stand­ tising displays on public lands adjacent lands. ards prepared and promulgated by the to any other highway will be issued This proposed amendment relates to Secretary of Commerce. No lease or under the regulations of this part if the matters which are exempt from the rule patent authorizing use of lands for erec­ proposed display would not conform with making requirements of the Administra­ tion and maintenance of advertising dis­ the standards or policies established by tive Procedure Act (6 U.S.C. 1003) ; how­ plays on public lands adjacent to any the appropriate State or local govern­ ever, it is the policy of the Department other highway will be issued under the mental entities which have authority to of the Interior that, wherever practi­ regulations of this part if the proposed establish such standards or policies. cable, the rule making requirements be display would not conform with the Where the authorized officer finds that observed voluntarily. Accordingly, in­ standards or policies established by the established standards or policies are in­ terested persons may submit written appropriate State or local governmental sufficient in connection with any appli­ comments, suggestions, or objections entities which have authority to estab­ cation for permit under the regulations with respect to the proposed amendments lish such standards or policies. Where of this part adequately to promote the to the Bureau of Land Management, the authorized officer finds that estab­ safety, convenience, and enjoyment of Washington 25, D.C., within thirty days lished standards or policies are insuffi­ public travel, to protect the public in­ of the date of publication of this notice cient in connection with any application vestment in the highway or in the in the F ederal R eg ist e r . under the regulations of this part ade­ adjacent public lands, to preserve for the quately to promote the safety, conven­ public significant scenic or other recrea­ R oger E r n s t , Assistant Secretary of the Interior. ience, and enjoyment of public travel, tional values in the public lands, or other­ to protect the public investment in the wise to protect the public interest, he M a y 14,1959. highway or in the adjacent public lands, shall establish such additional standards A new paragraph is added to § 9.3 and to preserve for the public significant as he may deem appropriate in the cir­ to § 254.5; and §§ 258.16 through 258.26 scenic or other recreational values in the cumstances, giving due consideration to are revised in their entirety; all to read public lands, or otherwise to protect the the need for directional and other official as follows: public interest, he shall establish such signs; the desirability of permitting,

} Wednesday, M ay 20, 1959 i FEDERAL REGISTER 4059 where alternative sites are not readily permits will be revocable in the discre­ available, signs advertising legitimate tion of the authorized officer at any time. DEPARTMENT OF HEALTH, EDU­ activities being conducted at a location § 258.22 Renewals. within a reasonable distance thereof; CATION, AND WELFARE and the interest of the traveling public A permit may be renewed, in the dis­ in, and its need for, specific types of cretion of the authorized officer, upon Food and Drug Administration information. the filing of an application for renewal prior to its expiration. Renewal, if l 21 CFR Part 51 1 § 258.19 Applications for permits. granted, will be in the form of a new (a) Applications for special land use permit. CANNED VEGETABLES; DEFINITIONS AND STANDARDS OF IDENTITY; perniits must be executed in^uplicate § 258.23 Identification of authorized on Form 4-972. Each application must advertising displays. QUALITY; AND FILL OF CONTAINER contain a sufficient recital of the facts relative to the advertising display, in­ Each advertising display erected or Canned Peas; Standard of Identity maintained under a permit issued pur­ cluding its size, and lighting effect, if Notice is hereby given that a petition any, to enable its substantial construc­ suant to the regulations of this part, must, for convenient identification, have has been filed by the California Packing tion from the description. A sketch or Corporation, 215 Fremont Street, San photograph showing the display, and a the serial number of such permit marked or painted thereon. Francisco, California, setting forth pro­ photograph showing the location on posed amendments to the regulations which it is to be placed, must be fur­ § 258.24 Special land-use permit regu­ fixing and establishing a standard of nished. The application must identify lations. identity for canned peas (-21 CFR 51.1). the highway along which it is proposed Pursuant to the authority of the Fed­ to erect the display and must give the All the general provisions of the spe­ cial land-use permit regulations of this eral Food, Drug, and Cosmetic Act (secs. distance and direction of the site, meas­ 401, 701, 52 Stat. 1046, 1055, as amended ured by highway travel, to the nearest part not inconsistent with the special, provisions relating to permits for ad­ 70 Stat. 919; 21 U.S.C. 341,371) and dele­ cities or towns. I f the land on which gated to the Commissioner of Food and it is desired to place the display has been vertising displays are applicable to such permits. Drugs by the Secretary of Health, Edu­ surveyed, its description must be given cation, and Welfare (22 FU . 1045,23 F.R. in terms of the public land surveys. I f [F.R. Doc. 59-4231; Filed, May 19, 1959; 9500), all interested persons are hereby the land is unsurveyed, the description 8:48 a.m.] invited to present their views in writing must be sufficiently complete to identify regarding the proposals published below. its location and boundaries. The appli­ Such views and comments should be sub­ cation may be filed with the officer in mitted in quintuplicate, addressed to the charge of any local office of the Bureau DEPARTMENT OF AGRICULTURE Hearing Clerk, Department of Health, of Land Management haying jurisdic­ Agricultural Research Service Education, and Welfare, Room 5440, tion over the lands. Health, Education, and Welfare Building, § 258.20 Fees and charges. [ 7 CFR Part 362 1 330 Independence Avenue SW., Wash­ ington 25, D.C., prior to the thirtieth day (a) All applications for special land REGULATIONS FOR ENFORCEMENT use permits for erection and mainte­ following the date of publication of this nance of advertising displays or renewal OF FEDERAL INSECTICIDE, FUNGI­ notice in the F ederal R e g ister . thereof, where the applicant is an indi­ CIDE, AND RODENTICIDE ACT The petitioner has requested that the vidual, corporation, or association, must standard of identity for canned peas be be accompanied by an application service Interpretation With Respect to Label­ amended to provide for dried green or fee of $10 which will not be returnable. ing of Mineral Oil-Pyrethrum and red peppers,.dried onions, and dried gar­ No charge will be made for applications Similar Contact Household Fly lic as optional seasoning ingredients; to by agencies of the Federal Government, provide for the optional use of the word Sprays; Additional Time To Submit “ seasoned” as a part of the label name or agencies of the States and political Data, Views or Arguments subdivisions thereof. of the food; and to provide for label dec­ (b) The annual charges for advertis­ Notice is hereby given of an additional laration of “dried” or “dehydrated” op­ ing displays erected and maintained period of time within which any inter­ tional seasoning ingredients. It is pro­ under permit by individuals, associations, ested person may submit written data, posed: and corporations, other than nonprofit views or arguments concerning the pro­ 1. That the head note of § 51.1 be organizations, shall be the annual fair posal to revise Interpretation 15 of the amended to read: “ § 51.1 Canned peas; rental value of the privilege. The an­ Regulations for the Enforcement of the identity; label statement of optional in­ nual charges for advertising displays Federal Insecticide, Fungicide, and Ro- gredients erected and maintained under permit denticide Act (7 CFR 362.113 “Labeling 2. That § 51.1(d) be amended by by State and local governments and their of Mineral Oil-Pyrethrum and Similar changing subparagraphs (1), (3), and instrumentalities and by nonprofit or­ Contact Household Fly Sprays” ) . (4) to read: ganizations shall take into consideration Notice of the proposed revision of this (1) Green or red peppers, which may the public purposes which the displays Interpretation was published in the F ed­ be dried. would serve. No annual charge will be eral R eg ister April 11, 1959 (24 F.R. * * * * * made for advertising displays erected 2810). (3) Onions, which may be dried. and maintained under permit by Federal Any interested person who wishes to (4) Garlic, which may be dried. agencies. submit written data, views or arguments (c) The annual charges must be paid concerning the proposed revision may 3. That § 51.1 be amended by changing m advance for such periods as may be do so by filing them with the Director, paragraph (f) (1), (5), and (8) to read specified by the authorized officer, Plant Pest Control Division, Agricultural as follows: wnere a permit is canceled before its Research Service, United States Depart­ (f) (1) the label shall name thè op­ expiration, a proportionate refund of the ment of Agriculture on or before July tional pea ingredient present by the use charges will be made. 10,1959. of the word or words “Early” or “June” § 258.21 Permits. Done at Washington, D.C., this 15th or “Early June,” “Sweet” or “ Sweet day of May 1959. Wrinkled” or “Sugar,” “Dried Early” or Special land-use permits to erect and “ Dried June” or “Dried Early June,” maimam advertising displays on the E. D . B u r g e ss, “Dried Sweet” or “Dried Sweet Wrin­ h w * anc*s ke issued on Form 4-972 Director, kled” or “Dried Sugar.” If one or more ti«« « authorized officer, in his discre- Plant Pest Control Division. of the optional seasoning ingredients are r.. ' such period as he may deem [F.R. Doc. 59-4265; Filed,' May 19, 1959; used, the product’s name may include the asonable in the circumstances. The 8:52 a.m.] word “seasoned” immediately preceding 4060 PROPOSED RULE MAKING

or following the name of the optional mentioned Notice of Proposed Rule Mak­ with the Director,7 Federal Register pea ingredient. ing herein, of this date; Division. ***** And it is further ordered, That notice By the Commission. (5) I f an optional seasoning ingredientof this order shall be given to motor car­ is used, the label shall bear the words riers, other persons of interest, and to the general public by depositing a copy [ s e a l ] -• H arold D. M cC o y , “seasoned with green peppers,” “sea­ Secretary. soned with red peppers,” “seasoned with thereof in the office of the Secretary of mint leaves,” “seasoned with onions,” the Interstate Commercé Commission, [F.R. Doc. 59-4238; Filed, May 19, 1959; “seasoned with garlic,” or “seasoned with Washington, D.C., and by filing a copy 8:49 a.m.] horseradish,” or any combination of these. I f the seasoning ingredient is dried, the name of the ingredient shall be preceded by the word “ dried” or “de­ hydrated.” NOTICES ***** (8) Wherever the name “peas” appears on the label so conspicuously as to be section 302(c) ; (3) authority to make easily seen under customary conditions DEPARTMENT OF STATE determinations and decisions specified of purchase, the words and statement [Public Notice 161] in paragraph (11) of section 302(c) is delegated only to the Chief, Division of specified in this section, showing the op­ [Delegation of Authority 23-D] tional ingredients present, shall immedi­ Supply Management, and said authority ately and conspicuously precede or fol­ OFFICE OF GENERAL SERVICES ET AL. is limited to contracts which will not require the expenditure of more than low such name, ¿Without intervening Delegation of Authority for written, printed, or graphic matter, ex­ $25,000; (4) authority to authorize a cept that the specific varietal name of Procurement Transactions cost, cost-plus-a-fixed-fee, or any other incentive-type contract, either within or the peas may so intervene, and if one or By virtue of the authority vested in more of the optional seasoning ingre­ outside the United States and its pos­ the Secretary of State by the Act of sessions, and to make the determina­ dients are used, the word “seasoned” may May 26, 1949 (63 Stat. I l l ; 5 U.S.C. 151c so intervener tions and decisions specified in section and 22 U.S.C. 811a), as amended, the au­ 304(b) is delegated only to the Chief, thority vested in the Secretary of State Dated: May 14, 1959. Division of Supply Management; (5) au­ by Delegation of Authority No. 363, thority to negotiate contracts for serv­ [ s e a l ] J o h n L. H a r v e y , dated March 10,1959, signed by Franklin ices in accordance w i i; h section Deputy Commissioner Floete, Administrator of General Serv­ 302(c) (5) is delegated only to the Chief, of Food and Drugs.. ices and in accordance with the au­ Division of Supply Management, and the [F.R. Doc. 59-4253: Filed, May 19, 1959; thority conferred by section 307 of the Chief, Procurement Branch. Federal Property and Administrative 8:50 a.m.] b. Office of Intelligence Resources and Services Act of 1949, Public Law 152, Coordination. 81st Congress (63 Stat. 377), as amended, upon the “Agency Head” as defined in Chief, Library Division;. INTERSTATE COMMERCE section 309(a) of said Act, there is hereby Deputy Chief, Library Division; delegated to the officials listed below (and Procurement Officer, Library Division. COMMISSION to any official legally designated to act Limitations: (1) Transactions for the [4 9 CFR Part 195] for one of those enumerated during the purchase of newspapers, boolcs, maps, absence or incapacity of the latter) au­ and periodicals; (2) the following lim­ [Ex Parte MC-40] thority to make purchases and contracts, itation as to dollar amount per trans­ to Sign and issue purchase orders, con­ action applies to the position indicated: HOURS OF SERVICE OF DRIVERS tracts, and certificates of award in con­ Procurement Officer, Library Division, nection therewith, and to use the pro­ $100; (3) no authority is delegated to Transportation of Oil Field Equipment curement procedures contained in title make the determinations and decisions At a General Session of the Interstate II I of Public Law 152, 81st Congress (63 specified in Public Law 152, as amended, Commerce Commission, held at its office Stat. 377), as amended, subject to the section 305(c) or paragraphs (11), (12), in Washington, D.C., on the 5th day Of specific limitations indicated below. The and (13) of section 302(c); to authorize May A.D. 1959. authority hereby delegated is subject to cost, cost-plus-a-fixed-fee, or any other It appearing, that by petition dated all other applicable provisions of law and incentive-type contract; or to make the May 28, 1958, Oil Field Haulers Associa­ to all instructions, regulations and di­ determinations and decisions specified tion, Inc., and Oil Field Haulers Confer­ rectives which are now in effect or which in section 304(b). ence of American Trucking Associations may be issued hereafter by the Depart­ c. Office of Foreign Buildings. Inc., seek a modification of § 195.2(c) of ment of State, or by any other Govern­ Director, Office of Foreign Buildings; the Motor Carrier Safety Regulations (49 ment agency of competent jurisdiction, Assistant Director for Operations, Office CFR 195.2(c)) to provide that in the governing purchasing and contracting of Foreign Buildings. instance of drivers of motor vehicles used functions. a. Office of General Services. Limitations: (1) Transactions charge­ principally in the transportation of oil able to funds available in the appropria­ field equipment, including the stringing Chief, Division of Supply Management; tion “Acquisition of Buildings Abroad” and picking up of pipe used in pipelines, Chief, Procurement Branch; (after June 30, 1959, “Acquisition, Op­ any week may end with the beginning Contract Specialist, Procurement Branch; Procurement Officer, Procurement Branch; eration and Maintenance of Buildings of any off-duty period of 24 or more suc­ Abroad” ) or in other appropriations cessive hours; and Purchase Agent, Procurement Branch. available for foreign buildings opera­ It further appearing, that by order of Limitations: (1) The following limita­ tions; (2) the following limitation as to this date we have issued a Notice of Pro­ tions as to dollar amount per transaction dollar amount per transaction applies to posed Rule Making proposing a mçjor apply to the positions indicated: Chief, the position indicated: Assistant Direc­ revision of the Hours of Service of Procurement Branch, $50,000; Contract tor for Operations, Office of Foreign Drivers Regulations (49 CFR Part 195) ; Specialist, Procurement Branch, $20,- Buildings, $2,500; (3) no authority is and, upon our consideration of the rec­ 000; Procurement Officer, Procurement delegated to make the determinations ord herein, and the above-described peti­ Branch, $10,000; Purchase Agent, Pro­ and decisions specified in Public Law tion, good cause appearing therefor: curement Branch, $1,000; (2) no au­ 152, as amended, sèction 305(c) or para­ I t is ordered, That the petition be, and thority is delegated to make the deter­ graphs (11), (12), and (13) of section it is hereby, assigned for oral hearing at minations and decisions specified in 302(c) ; (4) the authority to authorize the same time and place, to be hereafter Public Law 152, as amended, section a cost, cost-plus-a-fixed-fee, or any fixed, as that assigned for the above- 305(c) or paragraphs (12) and (13) of other incentive-type contract, and to Wednesday, M ay 20, 1959 FEDERAL REGISTER 4061 make the determinations and decisions dividual or institution voluntarily pro­ specified in section 304(b) is delegated viding information for the purpose of DEPARTMENT OF THE INTERIOR the surveys, that any such information only to the Director, Office of Foreign Bureau of Land Management Buildings, and said delegation is limited which permits the identification of the to those contracts for supplies or serv­ individual will be held strictly confi­ [Classification. 166] dential, will be used solely by persons en­ ices which are to be delivered to points NEVADA outside the United States and its pos­ gaged in, and only for the purposes of, sessions. the surveys and will not be disclosed or Small Tract Classification; Amendment d. Miscellaneous. released to other persons or for any other purpose. Effective May 8, 1959, Paragraph 4 of Imprest Fund Cashiers. Administrative arrangements have Federal Register Document 58-9443 Limitations: The authority delegated to been established with respect to the per­ appearing on page 8876 of the issue for Imprest Fund Cashiers employed in the sons authorized to obtain information for November 13, 1958, is hereby amended Division of Supply Management is lim­ the surveys and concerning custody and to read as follows: ited to purchases not involving more use of the records so as to secure full 4. The individual tracts will be 2.5 than $100 per transaction; other Imprest compliance with this assurance of acres and 5 acres in size. All tracts will Fund Cashiers are limited to $50 per confidentiality. be rectangular in shape. The appraised transaction and are, in addition, limited I direct that this document be sub­ value is $500.00 per tract. Rights-of-way to the types of purchases indicated in mitted for publication in the F ederal 50 feet wide within tracts for road pur­ the documents designating them as Im ­ R egister. poses and for public utilities will be re­ prest Fund Cashiers. No authority is Dated: May 7, 1959. served as shown below. Leases will be delegated to use the procurement pro­ for a period of 3 years at a minimum cedures contained in title III of Public [ seal] L. E. B u r n e y , rental of $25.00 per year payable in ad­ Law 152, as amended. Surgeon General. vance for the entire period. All minerals This delegation of authority super­ [F.R. Doc. 59-4196; Filed, May 19, 1959; in the lands will be reserved to the United sedes Delegation of Authority No. 23-C, 8:45 a.m.] States.' dated July 14, 1958. Dated : May 5, 1959, Advance Appraised Description of tracts Acres rentals Rights-of-way, width, and location value For the Secretary of State. (3 years)

W. K. S co tt, N t

such service, route, or line is inadequate, Advance, Appraised Description of tracts Acres rentals Rights-of-way, width, and location value and in the accomplishment of the pur­ (3 years) poses and policy of the Act, additional • vessels should be operated thereon; (2) SW^NE^SW^SE^...... 2.5 $75 $500 whether the proposed operation is one s e &n e &s w m s e }4...... 2.5 75 500 with respect to a vessel operated or to be NWJiSWMSW^SEJi...... 1...... 2.5 75 500 SWJ4SW)£SW»4SEJ<...... 2.5 75 500 operated on a service, route, or line NFj|SW )iSW )iSEi£...... 2.5 75 500 served by two or more citizens of the s e m s w »4swj4s e }4 ...... 2.5 75 500 NÈ&SEjiSWj^SE)^...*...... 2.5 75 500 United States with vessels of United 2.5 75 500 States registry, and if so, whether the SW&SE&SW&SE)£...... 2.5 75 500 effect of such an agreement would be to 2.5 75 SEMSEMSW&SEM...... -...... 500 give undue advantage or be unduly prej­ udicial, as between citizens of the United B o y d S. H a m m o n d , ASC county office managers, are hereby States, in the operation of vessels in com­ Acting State Supervisor. appointed contracting officers of Com­ petitive services, routes, or lines; and modity Credit Corporation with au­ M a y 8, 1959. (3) whether it is necessary to enter into thority to execute, in the name of the an agreement covering these operations [F.R. Doc. 59-4230; Filed, M ay 19, 1959; Corporation, contracts, agreements, or 8:48 a.m.] in order to provide adequate service by other documents relating to the pur­ vessels of United States registry. chase, transportation, handling, and The hearing will be before an Ex­ storage of cottonseed prior to the deliv­ aminer, at a time and place to be an­ DEPARTMENT OF AGRICULTURE ery of such cottonseed to an oil miller or nounced, in accordance with the Fed­ an approved storage facility under the eral Maritime Board’s rules of practice Agricultural Marketing Service 1959-Crop Cottonseed Purchase Pro­ and procedure and a recommended de­ gram formulated by Commodity Credit DOBLER LIVESTOCK SALES CO. cision will be issued. Corporation and Commodity Stabiliza­ All persons (including individuals, Proposed Posting of Stockyard tion Service. corporations, associations, firms, part­ The foregoing authority as contracting nerships, and public bodies) desiring to The Director of the Livestock Division, officers shall be exercised in accordance intervene in the proceeding, must file Agricultural Marketing Service, United with instructions issued by the appropri­ notification thereof with the Secretary, States Department of Agriculture, has ate Vice President of'Commodity Credit Federal Maritime Board, Washington 25, information that the Dobler Livestock Corporation, which shall be available for D.C., in writing in triplicate, by the close Sales Co., Ashley, North Dakota, is a public inspection in the files of the Agri­ of business on June 5, 1959. stockyard as defined in section 302 of the cultural Stabilization and Conservation Dated: May 19, 1959. Packers and Stockyards Act, 1921, as county offices ifi the respective cotton- amended (7 U.S.C. 202), and should be producing States. By order of the Federal Maritime made subject to the provisions of the act. Board. Notice is hereby given, therefore, that the Issued this 13th day of May 1959. said Director, pursuant to authority del­ [ s e a l] J a m es L. P im p e r , C lar en c e D . P a l m b y , Secretary. egated under the Packers and Stockyards Acting Executive Vice President, Act, 1921, as amended (7 U.S.C. 181 et Commodity Credit Corporation. [F.R. Doc. 59-4299; Filed, May 19, 1959; seq.), proposes to issue a rule designating 10:02 a.m.] the stockyard named above as a posted [F.R. Doc. 59-4266; Filed, May 19, 1959; stockyard subject to the provisions of the 8:52 a.m.] act, as provided in section 302 thereof. - Office of the Secretary Any person who wishes to submit writ­ ten data, views, or arguments concerning DEPARTMENT OF COMMERCE [Docket No. FC-48] the proposed rule may do so by filing them with the Director, Livestock Divi­ Federal Maritime Board OVERSEA TRADING CO. (H.K.) LTD. sion, Agricultural Marketing Service, [Docket No. S-92] Appeals Board Decision United States Department of Agriculture, Washington 25, D.C., within 15 days AMERICAN BANNER LINES, INC. In the matter of Oversea Trading Co. after publication hereof in the F ederai. (H.K.) Ltd., 806 Bank of East Asia Build­ R e g ist e r . Notice of Hearing ing, Hong Kong, Appeals Board Docket No. FC-48, BFC Case No. 249. Done at Washington, D.C., this 14th Notice is hereby given that a public This is an appeal by Oversea Trading day of May 1959. hearing will be held under section 605(c) Co. (H.K.) Ltd. from an Order denying of the Merchant Marine Act, 1936, as J o h n C. P ie r c e , export privileges on July 10, 1958, by amended, with respect to the application John C. Borton, Director, Office of Ex­ Acting Director, Livestock Division, of American Banner Lines, Inc., to ex­ Agricultural Marketing Service. port Supply, Bureau of Foreign, Com­ pand its present subsidized service on merce (23 F.R. 6400, 7-16-58. The appel­ Trade Route No. 8, under its Operating- [F.R. Doc. 59-4264; Filed, May 19, 1959; lant has advised the Board that it did not 8:52 a.m.] Differential Subsidy Agreement, Con­ request an oral hearing and has been in­ tract No. FMB-61, to provide regular calls at the port of Southampton, Eng­ formed that its appeal would be con- land on Trade Route No. 5 with no idered on the record. The notice of appeal filed by letter Commodity Credit Corporation change in its present contractural sail­ ing requirements, utilizing at present its dated July 28, 1958, stated in summary DELEGATION OF AUTHORITY OF owned subsidized combination ship, “ SS the appellant’s grounds for the appeal. CONTRACTING OFFICERS Atlantic.” They are: The purpose of the hearing under sec­ 1. “ There has never been any concrete Pursuant to authority vested in the tion 605(c) of the Act is to receive evi­ and material proof to substantiate your Executive Vice President, Commodity dence relevant to the following; ( l ) charge against us for having violated the Credit Corporation*, by the bylaws of the Whether the proposed operation herein­ Export Control Act of 1949 by the alleged Corporation, the respective chairmen, or above described is one with respect to a unauthorized transshipment of pen point materials to communist China. in their absence, the acting chairmen of vessel or vessels to be operated on a serv­ the Agricultural Stabilization and Con­ 2. “It has never been proved that the ice, route or line, served by citizens of the alleged transshipment of pen point ma­ servation county committees in the cot­ United States which would be in addition terials to communist China were the ton-producing States, or if so designated to the existing service or services, and, if same pen point materials shipped to us by such Agricultural Stabilization and so, whether the service already provided by Kastenhuber & Lehrfeld, Inc., U.S.A., Conservation county committees the by vessels of United States registry in during 1955. Wednesday, M ay 20, 1959 FEDERAL REGISTER 4063

3. “Your charge that we made falseU.S. supplier, dated August 9, 1957, was hearing that the AEC issue Amendment statements and concealed material facts discussed. In this interview the appel­ No. 1 to License No. 6-3627-1 substan­ from an official of the United States rep­ lant’s representative failed and refused tially in the form annexed as Annex resenting the Bureau of Foreign Com­ to explain to the Foreign Service officer “ A ” . There is also set forth below in merce was only a unilateral statement the significance of the initials CRC in the form annexed as Annex “B” a mem­ and has not been supported by any con­ paragraph 2 of the August 9,1957, letter. orandum submitted by the Division of crete evidence.” This was a concealment, as was the gen­ Licensing and Regulation which sum­ These three grounds of appeal were eral refusal of the appellant to allow a marizes the principle factors considered amplified by the appellant in its state­ U.S. official to examine its files. The in reviewing the application for the ment of appeal dated November 15,1958. evidence in support of the charge of license amendment. Therein the appellant contended gen­ false statements is the same as that Papers required to be filed with the erally with respect to point 1, that the which substantiates the Commissioner’s AEC in this proceeding shall be filed by Compliance Commissioner had no def­ finding that the appellant did in fact, mailing to the Secretary, Atomic Energy inite proof before him establishing the despite its denials and statements to Commission, Washington 25, D.C., or transshipment from Hong Kong to com­ U.S. officials, reexport U.S.-origin pen may be filed in person at the Office of the munist China and that the conclusions point material to Communist China. Secretary, Atomic Energy Commission, made by him were not based on support­ Germantown, Maryland, or at the AEC In view of the foregoing, this appeal is Public Document Room, 1717 H Street able facts. hereby denied. We have reviewed the record with re­ NW „ Washington, D.C. Pending further spect to this point and have examined Washington 25, D.C., itytay 14,1959. order of the Presiding Officer, parties the evidence upon which the Compliance shall file five copies of each such paper G r is w o l d F orbes, with the AEC and where service of Commissioner based his conclusions. Chairman, Appeals Board. Such evidence clearly supports the con­ papers is required on other parties shall clusions reached by the Compliance [F.R. Doc. 59-4254; Filed, May 19, 1959; serve three copies of each. Commissioner that the appellant did in 8:51 a.m.] The Commission designated Samuel fact effect exportations of pen point ma­ W. Jensch, Esq., as the Presiding Officer terials to communist China. We note to conduct the hearing and to render a also from the correspondence exchanged decision pursuant to § 2.751(a) of the between the appellant and its U.S. sup­ ATOMIC ENERGY COMMISSION Commission’s rules of practice. plier, during the course of this trans­ [Docket No. 27-5] Dated at Germantown, Md., this 15th action, the continued references to day of May 1959. purchasers in a neighboring territory, WALKER TRUCKING CO. For the Atomic Energy Commission. “Cantonese friend,” etc., which, when Notice of Hearing on Application for read together, clearly suggest that the R . L. K ir k , appellant was engaged in supplying the an Amendment to Byproduct Mate­ Deputy Director, materials to purchasers in communist rial License Division of Licensing & Regulation. China. Pursuant to the Atomic Energy Act of A n nex A The second point of the appellant’s 1954, as amended, and the regulations in [License No. 6-3627-1 (C61), Amdt. 1] statement argues that even if appellant Part 2, 10 CFR, Rules of Practice, exported pen point material to com­ notice is hereby given that a hearing In accordance with application dated munist China, which is still denied, it will be held to consider the issuance of April 2, 1959, and supplemented April 23, has not been proved that such pen point 1959, License No. 6-3627-1 is amended to an amendment to License No. 6-3627-1 change Condition 8 to read as follows: material was the same pen point material which would authorize the Walker shipped to it by the U.S. supplier. The Trucking Company (applicant) to pack­ 8. The licensee shall package and store byproduct and source material for sea dis­ Compliance Commissioner in his report age and store byproducts and source traced the chronology of events involved posal at the facility located on Brownstone material waste at an additional site Avenue, Portland, Connecticut, and the in this series of transactions and con­ which is in New Britain, Connecticut, facility located at 1283-1285 East Street, cluded that it was fair and reasonable to as requested in its application dated New Britain, Connecticut. infer that the pen point material the ap­ April 2,1959, and supplemented April 23, pellant djd export to communist China This amendment shall be effective on the 1959. The hearing will commence at date issued. was in fact the pen point material it 10 a.m. on Wednesday, June 3, 1959, and received from the U.S. supplier since the will be held in the Civil Service Room, Date of issuance : - appellant received no other pen point 2nd floor of the U.S. Post Office, 140 West For the Atomic Energy Commission. material from any other source, having Main Street, New Britain, Connecticut. A n n e x B s canceled its prior agency for this ma­ The application for license amendment is terial with another supplier. Having MEMORANDUM BY THE DIVISION OF LICENSING available fpr public inspection in the AND REGULATION reviewed the record, this Board concurs AEC’s Public Document Room, 1717 H with the Commissioner’s conclusion. Street NW „ Washington, D.C. By application dated April 2,1959, and sup­ Moreover, there has never been any at­ The issue to be considered at the hear­ plemented April 23, 1959, The Walker Truck­ tempt on the part of the appellant to ing is whether or not the applicant’s ing Company, 1283-85 East Street, New Brit­ introduce, either at the administrative ain, Connecticut, requested an amendment to proposed site in New Britain is adequate their byproduct and source material license, hearing or at its appeal, evidence to the to protect health and minimize danger contrary. No. 6-3627-1, which would authorize the use to life or property* of an additional site for the packaging and Thirdly, the appellant contends th Petitions for leave to intervene must temporary storage of waste material prior the charge of false statements and coi be received in the Office of the Secretary, to sea disposal. cealment of material facts was not su] Atomic Energy Commission, German­ Based upon consideration's set forth below, ported by any concrete evidence. It coi town, Md., or in the AEC Public Docu­ it appears that the type of operations The tends, therefore, that during the cour ment Room, 1717 H Street NW„ Wash­ Walker Trucking Company is licensed to or the investigation in Hong Kong it d conduct can be performed at the proposed ington, D.C., not later than May 29, site in compliance with the provisions of the not make false statements or conce 1959, or in the event of a postponement AEC regulations contained in 10 CFR Parts material facts from the representativ of the hearing date specified above at 20, 30 and 40, and the conditions of their li­ m the United States investigating t] such time as the Presiding Officer may cense, and can be carried out at the proposed er‘ This point is refuted by the r provide upon application of the peti­ site in such a manner so as to protect health port from U.S. officials in Hong Kor tioner. and minimize danger to life and property. «erred to specifically in footnote 2 < Answer to this notice shall be filed by The proposed site is located on property Page 2 of the Commissioner’s report. owned by The Walker Trucking Company at The Walker Trucking Company pursuant 1283-85 East Street in the Town of New Brit­ „T h e report of these U.S. officials to § 2.736 of the rules of practice on or ain, Connecticut. The overaU site is about ongKong relates to their interview wi before May 25, 1959. In the absence of 10 acres in size. The general area surround­ .ong of the appellant compar good cause shown to the contrary, the ing the site is chiefly industrial and farming. wherein a letter from appellant to t] AEC staff proposes to recommend at the The nearest residence is that of the president 4064 NOTICES of the applicant company and is located on trop, Louisiana, Docket No. 12838, File The Commission having under con­ this 10-acre site at a distance of about 400 No. BP-11924; Newport Broadcasting sideration the above captioned and de­ feet from the building to be involved in the Company, West Memphis, Arkansas, operations. The waste packaging and stor­ scribed applications for standard broad­ age will be carried out within a building hav­ Docket No. 12839, Pile No. BP-12113; cast construction permits; and ing dimensions of 160 x 60 feet which has a Crittenden County Broadcasting Com­ It appearing, that, except as indi­ steel frame, galvanized steel sides and roof, pany, West Memphis, Arkansas, Docket cated by the issues specified below, the and a painted concrete floor. This building No. 12840, Pile No. BP-12405; for con­ applicants are legally, financially, tech­ is a warehouse for the storage of trucking struction permits. nically and otherwise qualified to operate equipment. The west end of the building, I t is ordered, This 14th day of May their instant proposals, but that the pro­ about 2,400 square feet, will be completely 1959, that a prehearing conference, in posals would involve mutual interfer­ walled off from the rest of the warehouse, and accordance with § 1.111 of the rules, will only waste packaging and storage will be ence; and carried out in this area. The entrances to be held in the above-entitled matter at It further appearing, that, pursuant the facility will be locked when not in use to 10:00 a.m. on Wednesday, May 27, 1959, to section 309(b) of the Communications prevent unauthorized entry. The operations in the offices of the Commission, Wash­ Act of 1934, as amended, the applicants will be conducted in such a manner that ington, D.C. were notified by letter dated February 24, radiation levels at the exterior walls of the Released: May 15, 1959. 1959, of the aforementioned deficiency, waste packaging and storage area are within and that the Commission was unable to the limits set forth in 10 CFR Part 20 for u n ­ F ederal C ommunications conclude at that time, that a grant of restricted areas. In addition, the applicant’s C o m m is s io n , operating procedures Tequire that periodic either application would be in the public [ s e a l ] M a r y Ja n e M o r r is, surveys of the radiation levels in the unre­ interest; and stricted areas around the waste-packaging Secretary. It further appearing, that both appli­ and storage area be made to assure compli­ [P.R. Doc.» 59-4255; Piled, May 19, 1959; cants filed timely replies and requested ance with the regulations. 8:51 a.m.] an extension of time in which to com­ In connection with the proposed site, it plete negotiations looking toward resolu­ should be noted that the licensee is author­ tion of the conflict between the two pro­ ized to possess not. more than SO curies, of byproduct material and to receive not more posals and stated that if the negotiations than 700 pounds of source material during [Docket Nos. 10286, 10287; FCC 59M-626] were not then completed, they would ap­ the term of the license. The containers of ENTERPRISE CO. AND BEAUMONT pear at a hearing on their instant pro­ waste received from customers shall not be posals, that the time in which to reply opened by the licensee and shall meet the BROADCASTING CORP. was extended to April 15, 1959, and that design and construction specifications of the Order Scheduling Hearing no further reply has been filed; and Interstate Commerce Commission. All trans­ It further appearing, that mutual in­ portation to and from the proposed site shall In re applications of The Enterprise terference between the proposals herein be conducted in accordance with Interstate Company, Beaumont, Texas, Docket No. Commerce Commission regulations or a li­ may affect more than 10 percent of the cense condition which establishes similar re­ 10286, File No. BPCT-743; Beaumont population in the normally protected quirements for intrastate carriage. Broadcasting Corporation, Beaumont, primary service area of each proposal The probability of fire in connection with Texas, Docket No. 10287, File No: BPCT- in contravention of § 3.28(c) of the Com­ the operations ^licensed is very low. This is 762; for construction permits for new mission rules; and based on a consideration of the proposed site television stations (Channel 6). It further appearing, that the commis­ as well as the type of containers and pack­ The Hearing Examiner having under sion, after consideration of the forgoing, aging involved and the nature of the radio­ consideration matters considered at the active waste the licensee is expected to re­ is of the opinion that a hearing on the ceive. The building in which the waste will prehearing conference held herein on instant applications is necessary; be processed and stored will be of all metal May 13,1959; I t is ordered, That pursuant to section construction. The containers of waste re­ I t is ordered, This 14th day of May 309(b) of the Communications Act, as ceived from customers are normally packaged 1959, that the hearing herein is sched­ amended, the applications are designated for sea disposal by encasement in concrete uled for June 4, 1959, at 10:00 a.m. for consolidated hearing, at a time and within a 55-gallon steel drum and therefore place to be specified in a subsequent appear resistant to fire or breakage. The Released: May 15, 1959. anticipated type of waste to be received from Order, upon the following issues: F ederal C ommunications customers in closed containers would con­ 1. To determine the areas and popula­ sist primarily of wood, paper and glass con­ C o m m is s io n , tions which would receive primary serv­ taminated with low-level radioactive ma­ [ s e a l ] M a r y Ja n e M o r r is, ice from the proposal of Jack W. Haw­ terial and has a low fire potential. Secretary. kins and the availability\>f other primary The applicant will establish at this site [F.R. Doc. 59-4256; Piled, May 19, 1959; service to such areas and populations. the same radiation safety program as that 2. To determine the areas and popu­ provided for at the Portland, Connecticut, 8:51 a.m.] site including similar handling and radiation lations which would be expected to gain safety equipment, radiation safety proce­ or lose primary service from the pro­ dures, and trained personnel. posed operation of Station KVEL and the Other than the proposed addition of this [Docket Nos. 12871, 12872; PCC 59-448] availablity of other primary service to site in New Britain, there are no changes in such areas and populations. the operations of The Walker Trucking Com­ JACK W. HAWKINS AND UINTAH 3. To determine whether interference pany previously licensed. BROADCASTING AND TELEVISION received by each instant proposal from [F.R. Doc. 59-4288; Piled, May 19, 1959; CO. INC. (KVEL) the other herein would affect more than 8:52 a.m.] 10 percent of the population in the nor­ Order Designating Applications for mally protected primary service area in Consolidated Hearing on Stated contravention of § 3.28(c) of the Com­ mission rules; and, if so, whether cir­ FEDERAL COMMUNICATIONS Issues cumstances exist which would warrant In re applications of Jack W. Hawkins, a waiver of said section. COMMISSION Blanding, Utah, Docket No. 12871, File 4. To determine in light of section [Docket Nos. 12837 etc.; FCC 59M-629] No. BP-11920; (Req: 790 kc, 1 kw, Day).; 307(b) of the Communications Act of Uintah Broadcasting and Television Co., 1934, as amended, which of the instant BIRNEY IMES, JR., ET AL. Inc. (K V E L), Vernal, Utah, Docket No. proposals would better provide a fair, Order Scheduling Prehearing 12872, File No. BP-12000; (Has: 1250 kc, efficient and equitable distribution of Conference 1 kw, Day) (Req: 790 kc, 1 kw, D a y ); radio service. for standard broadcast construction 5. To determine in light of the evi­ In re applications of Birney Imes, Jr,, permits. dence adduced, pursuant to the foregoing West Memphis, Arkansas, Docket No. A t a session of the Federal Communi­ issues which, if either, of the instant ap­ 12837, Pile No. BP-11465; Nathan Bolton cations Commission held at its offices plications should be granted. and A. R. McCleary, d/b as Morehouse in Washington, D.C., on the 13th day I t is further ordered, That to avail Broadcasting Company (K T R Y ), Bas­ of May 1959; themselves of the opportunity to be 1Wednesday, M ay 20, 1959 FEDERAL REGISTER 4065 heard the applicants herein, pursuant to that the applicant had submitted insuf­ [Docket No. 12874; FCC 59-450] § 1.140 of the Commission rules, in per­ ficient information from which to deter­ RADIO AMERICAS CORP. (WORA) son or by attorney, shall within 20 days mine that it was financially qualified; but of the mailing of this Order, file with the that, in a timely reply, the applicant Order Designating Application for Commission, in triplicate, a written ap-- showed $14,850 cash, a loan of $68,869, Hearing on Stated Issues pearance stating an intention to appear and equipment manufacturer’s credit of on the date fixed for the hearing and $22,044; and that we have determined In re application of Radio Americas present evidence on the issues specified from the showing that the applicant has Corporation (W O RA), Mayaguez, Puerto in this Order. sufficient funds to meet the $31,760 ne­ Rico, Docket No. 12874, File No. B P - It is further ordered, That the issues cessary for the construction and early 11925; (Has:' 1150 kc, 1 kw, U) (Req: in the above entitled proceeding may be operation of the proposed station; and 760 kc, 5 kw, DA-1, U ) ; for construction enlarged by the Examiner, on his own that the applicant is, therefore, finan­ permit. motion or on petition properly filed by a cially qualified; and A t a session of the Federal Communi­ party to the proceeding and upon suffi­ It further appearing, that the Com­ cations Commission held at its offices in cient allegations of fact in support there­ mission, after consideration of the fore­ Washington, D.C., on the 13th day of of, by the addition of the following issue: going, is of the opinion that a hearing May 1959; To determine whether the funds avail­ on the instant application is necessary; The Commission having under consid­ able to the applicant will give reasonable It is ordered, That pursuant to section eration the above-captioned and de­ assurance that the proposals set forth 309(b) of the Communications Act of scribed application; and in the application will be effectuated. 1934, as amended, the application is des­ It appearing, that, except as indicated ignated for hearing, at a time and place by the issues specified below, the appli­ Released: May 15, 1959. to be specified in a subsequent order cant is legally, technically, financially F ederal C ommunications upon the following issues: and otherwise qualified to construct and C o m m is s io n , 1. To determine the areas and popula­ operate its station as proposed, but that [ seal] M a r y Ja n e M o r r is, tions which would receive primary serv­ the proposal would cause objectionable Secretary. ice from the instant proposal, and the interference to Station WIAC, Santurce, availability of other primary service to Puerto Rico; and [F.R. Doc. 59-4257; Filed, M ay 19, 1959; It further appearing, that, pursuant 8:51 a.m.] such areas and populations. 2. To determine whether the instant to section 309(b) of the Communications proposal would cause objectionable in­ Act of 1934, as amended, the instant terference to stations KFOX, Long applicant and the licensee of WIAC were advised by letter dated February 25,1959, [Docket No. 12873; FCC-59-449] Beach, California; and KGIL, San Fer­ nando, California, or any other existing of the aforementioned deficiency and BENJAMIN C. BROWN standard broadcast station, and if so, the that the Commission was unable to con­ nature and extent thereof, the areas and clude at this time that a grant of the Application for Standard Broadcast populations affected thereby, and the instant application would be in the pub­ Construction Permit availability of other primary service to lic interest; and such areas and populations. It further appearing, that the appli­ In re application of Benjamin C. 3. To determine whether interference cant and the licensee of Station WIAC Brown, Oceanside, California, Docket No. received from stations K FO X and K G IL filed timely replies in which they stated 12873, File No. BP-12088; (Req: 1260 kc, would affect more than 10 percent of the 'that they would appear at a hearing on 1 kw, D A-D ); for standard broadcast population within the normally pro­ the instant applicaiton; and construction permit. tected primary service area of the in­ It further appearing, that after con­ At a session of the Federal Communi­ stant proposal in contravention of the sideration of the foregoing, the Commis­ cations Commission held at its offices in provisions of § 3.28(c) of the Commission sion is of ther opinion that a hearing on Washington, D.C., on the 13th day of the instant application is necessary; May 1959; rules; and if so, whether circumstances exist which would warrant a waiver of I t is ordered, That, pursuant to section The Commission having under consid­ said section. 309(b) of the Communications Act of eration the above-captioned and de­ 4. To determine in light of evidence 1934, as amended, the said application scribed application; and adduced pursuant to the foregoing issues, is designated for hearing, at a time and It appearing, that except as indicated whether a grant of the instant applica­ place to be specified in a subsequent by the issues specified below, the appli­ tion would serve the public interest, con­ order upon the following issues: cant is legally, financially, technically venience and necessity. 1. To determine the areas and popula­ and otherwise qualified to construct and It is further ordered, That Pierce tions which would be expected to gain operate the proposed station, but that the Brooks Broadcasting Corp. and KFOX, or lose primary service from the instant operation as proposed would cause ob­ Inc., licensees of stations K G IL and proposal, and the availability of other jectionable interference to stations KFOX, respectively, are made parties primary service to such areas and popu­ KFOX, Long Beach, California; and to the hearing. lations. KGIL, San Fernando, California (con­ I t is further ordered, That to avail 2. To determine whether the instant struction permit for 5 kw); and would themselves of the opportunity to be proposal would cause objectionable in­ receive from said stations interference heard, the applicant and parties respond­ terference to Station WIAC, Santurce, wiich would affect more than 10 percent ent, pursuant to § 1.140 of the Commis­ Puerto Rico, or any other existing stand­ or the population of the normally pro­ sion rules, in person or by attorney, shall ard broadcast station, and, if so, the tected primary service area of the instant within 20 days of the mailing of this nature and extent thereof, the areas and *i0P°sal in contravention of § 3.28(c) of order, file with the Commission, in tripli­ populations affected thereby, and the tne Commission rules; and cate, a written appearancejstating an in­ availability of other primary service to *«3 ^ur^ er appearing, that pursuant to tention to appear on the date fixed for such areas and populations. a ^ ) of the Communications the hearing and present evidence on the 3. To determine, in the light of the ?• - as amended, the applicant issues in this order. evidence adduced pursuant to the fore­ and Ucensees of KFOX and K G IL were going issues, whether a grant of the in­ nf by letter dated March 18, 1959, Released: May 15, 1959. stant application would serve the public t h a t a^orernentioned deficiency, and F ederal C ommunications interest, convenience, and necessity. mat the Commission was unable to con- C o m m is s io n , I t is further ordered, That Radio Sta­ w 6 this time> that a grant of the [ s e a l ] M a r y J a n e M o r r is , tion WIBS, Inc., licensee of Station Secretary. WIAC is made a party to the hearing; licinterefiaifd1011 would be in the pub~ and » I tJUr!;her appearing, that, in the Com- [F.R. Doc. 59-4258; Filed, May 19, 1959; I t is further ordered, That, to avail on s said letter it was pointed out 8:51 a.m.] themselves of the opportunity to be 4066 NOTICES heard, the applicant and party respond­ ( 8 ) Whether the transmitter site spec - high for his purposes, and, on August 19, ent herein, pursuant to the provisions ified by George Fishman is available to 1958, he again amended his application of §1.140 of the Commission rules, in him. and specified a different transmitter site. person or by attorney, shall, within 20 (9) Whether George Fishman has 5. Miller’s affidavit indicates that, days of the mailing of this order, file made any arrangements to lease the under the circumstances of the proceed­ with the Commission, in triplicate, a transmitter site specified by him in his ing, he reasonably believed the land written appearance stating an intention application. would be available to him at the price to appear on the date fixed for the hear­ Whether Miller’s original and first specified in his application. Regional’s ing and present evidence on the issues amended application misrepresented pleading is not sufficient to indicate specified in this order. facts relative to the availability of trans­ misrepresentation by Miller in this re­ Released: May 15, 1959T mitter site (Requested Issue No. 1) : gard. As the Commission’s Broadcast 3. The record indicates that Miller’s Bureau points out, the only people hav­ F ederal C ommunications original application, filed on April 5, ing actual knowledge of any dealings ' C o m m is s io n , 1957, and the first amendment thereto, Miller had with the Beckleys are the [ s e a l ] M a r y J a n e M o rris, filed on April 23, 1958/ specified a trans­ Beckleys themselves, and Regional has Secretary. mitter site situated on property belong­ not offered any statement from them [P.R. Doc. 59-4259; Piled, May 19, 1959; ing to Mr. Roy L. Beckley ; that the origi­ bearing on the essential question of 8:51 a.m.] nal application specified $2,000 as the whether Miller reasonably believed he cost of acquiring the said site; and that could acquire this land. Regional has the amended application raised the cost alleged, and supported this allegation by of the land to $8,000, stating “ land costs the affidavit of the unidentified Mr. [Docket Nos. 12676-12679; PCC 59-439] based on quotation” . Regional asserts Williams, that the Beckleys were unac­ the Miller’s statements with respect to quainted with and had not negotiated FOUR STATES BROADCASTING CO. the Beckley property are misrepresenta­ with Miller. However, the very fact that ET AL. tion because Miller never negotiated or Regional obtained a statement from the attemepted to negotiate any agreement Beckleys and that this statement did not Memorandum Opinion and Order with Mr. Beckley for the purchase of the contain the truly essential facts alleged Amending Issues land. In support of this assertion, Re­ to have been stated by the Beckleys in In re applications of John L. Miller, gional alleges that in “ conferences” held the course of “ discussions'’ deprives the tr/as The Four States Broadcasting with Mr. and Mrs. Beckley2 they stated allegations of what persuasiveness they Company, Halfway, Maryland, Docket that they did not know, or know of, Mr. might otherwise have had. Accordingly, No. 12676, File No. BP-11227; Dover Miller, and that no one had inquired of the request to add an issue as to whether Broadcasting Company (W D O V ), Dover, them with regard to buying or leasing Miller misrepresented the availability of Delaware, Docket No. 12677, File No. BP- the land in question for a transmitter his transmitter site must be denied. 11327; Regional Broadcasting Company, site. Attached as an an exhibit to Re­ Whether Miller furnished the Com­ Halfway, Maryland, Docket No. 12678, gional’s petition is a copy of an unsworn mission with all the information called File No. BP-11646; George Fishman, letter signed “ Mrs. Roy L. Beckley” stat­ for by the application form; whether Brunswick, Maryland, Docket No. 12679, ing that the land in question is not now, Miller filed a “strike” application; and File No. BP-12834; for construction nor has it been in the past, for sale. The whether Miller’s application raises any permits. • letter does not deal with Mrs. Beckley’s question as to a violation of § 3.35 of the 1. The Commission has for considera­ acquaintaince or lack thereof with Mr. rules (Requested Issues 2, 3, and 4) : tion in the above-entitled proceeding a Miller, nor does it concern itself with 6. Regional has alleged that Miller petition to enlarge issues filed by Re­ whether he or anyone else has ever of­ failed to disclose in his application a gional Broadcasting Company on De­ fered to buy or lease the land in ques­ business relationship with one Dan tion for a transmitter site. cember 15, 1958, together with pleadings Weinberg contrary to the requirements 4. Mr. Miller’s opposition states, by filed in response thereto. of section II, page 4, Table II of the affidavit, that he originally discussed ac­ 2. By Order of November 19, 1958, the Commission’s Form 301 (Application Commission designated this proceeding quisition of part of the Beckley property Form ); that the relationship between with Mrs. Beckley, but did not reveal for hearing. On December 15,1958, Re­ Miller and Weinberg is so intimate that, that he wanted the land for a transmitter gional filed the subject petition to en­ coupled with the circumstances sur­ site, and that, although he and Mrs. large the issues to include the following rounding the filing of Miller’s applica­ Beckley agreed that $2,000 would be a issues: tion and an application filed by Weinberg fair pyice for that portion of the land in for a standard broadcast station at (1) Whether John L. Miller has mis­ which he was interested, no firm agree­ Braddock Heights, Maryland, it must be represented any facts to-the Commission. ment was reached. It was on the basis assumed that the real purpose of Mil­ (2) Whether John L. Miller has failed of this conversation that he specified ler’s application was to block the grant to furnish the Commission with informa­ the Beckley property as a transmitter of the application of Musical Heights, tion called for by the application form. site in his original application. In the > Inc., for a station at Braddock Heights, (3) Whether John L. Miller has any course of later discussions with the Beck- Maryland, which would be in competi­ business relationships with Dan Wein­ leys, the asking price for the land was tion, with Weinberg’s proposed station; berg and, if so, their nature and extent. raised, and, in view thereof, he increased and that, in any event, the degree of af­ (4) Whether the business relation­ the estimated cost of the transmitter to finity between Miller and Weinberg is ships of John L. Miller with Dan Wein­ $8,000 in his amendment of April 23, such that a grant of both applications berg, if any, are such that will result in 1958. Later, as the asking price rose still would create an overlap of service areas a violation of Rule 3.636 by reason of higher, he concluded the cost was too of stations under common control con­ overlap of the contours of the proposed trary to the provisions of § 3.636 of the stations for Halfway and Middletown, rules.3 Maryland, respectively. 1 Subsequently, on August 19, 1958, Miller amended bis application to specify a hew (5) Whether John L. Miller has the transmitter site. , 3 Petitioner obviously has reference to necessary financial resources to con­ 2 The petition does not specify who con­ §3.35 of the rules, in that §3.636 applies struct and operate the station as pro­ ferred with the Beckleys. In its reply to the to overlap of television facilities. Section posed. opposition, Regional submits an affidavit of 3.35, in part, provides: (6) Whether the program proposal of Richard T. Williams wherein he states that 3.35 Multiple ownership. No license George Fishman involved time and care he was present on March 1, 1958, when Rich­ for a standard broadcast station shall be so as to accurately reflect the applicant’s ard Hildreth asked Mrs. Beckley whether she granted to any party (including all parties responsible judgment of this proposed knew Mr. MiUer or had discussed the sale of under common control) if: the property with him, and MTs. Beckley re­ (a) Such party directly or indirectly owns,, prqgram policy. plied in the negative. The Regional plead­ operates or controls another standard broad­ (7) Whether the proposed program ings do not identify Mr. Williams; Mr. Hil­ cast station, a substantial portion of whose schedule of George Fishman will meet dreth appears as counsel for Regional in this primary service area would receive primary the needs of Brunswick, Maryland. proceeding. service from the station in question, except Wednesday, M ay 20, 1959 FEDERAL REGISTER 4067

7. Regional asserts that both Miller record to determine that Miller’s partic­ Miller’s application indicates that his and Weinberg are theater owners in the ipation in the corporation was not of 0.5 mv/m contour cuts through the area of Frederick and Hagerstown, such nature to require its listing in his northwest corner of the community of Maryland; that these theaters are owned application, or was so inconsequential as Middletown, and the engineering ex­ and operated by an organization known to render its omission without signifi­ hibit submitted with the Weinberg-Keel as “Miller-Weinberg Theaters” ; and this cance. The issues will be enlarged to application at Middletown indicates that business relationship was not revealed in permit investigation of this question. Halfway lies within their 0.5 mv/m con­ Miller’s application, although such in­ 10. Regional further argues that the tour. Whether the resulting overlap formation is required by the application association between Miller and Weinberg, would constitute a “ substantial portion” form.4 Attached to the Regional petition plus the circumstances and timing sur­ of their primary service areas would de­ is an exhibit consisting of a copy of a rounding Miller’s application and an ap­ pend on all the circumstances of the letter of February 10, 1956, addressed plication filed by Weinberg for a stand­ case, but the present state of the record to Allied Artists Corporation and signed ard broadcast station in the area, creates requires that evidence be introduced, by Mr. Miller and Mr. Weinberg, wherein a presumption that Miller’s application pursuant to an appropriate issue, to de­ is stated that their theaters "are now was a “strike” or “ blocking” application termine whether § 3.35 of the rules will under the joint ownership-management designed to facilitate the prosecution of be violated. operation of the Miller-Weinberg Weinberg’s application. The Commis­ Miller’s financial qualifications (Re­ Theaters”. sion’s records disclose the following se­ quested Issue No. 5) : 8. In reply to these allegations, Miller’s quence of events. On February 5, 1957, 12. Regional alleges that the material affidavit states that “Miller-Weinberg Weinberg, in partnership with one John contained in .Miller’s application does Theaters” is a Maryland corporation es­ J. Keel, filed an application for a facility not demonstrate his financial qualifica­ tablished by him and Mr. Weinberg in on 1320 kc at Braddock Heights, Mary­ tions to construct his proposed station. February 1956, “ because of a certain land, which was mutually exclusive with Miller has estimated his total cost of get­ competitive situation then existing the then pending application of Musical ting on the air at $17,409.65, of which among theaters in Hagerstown” , and Heights, Inc. for the same facilities.® On approximately $8,500 must be paid prior that, although a few letters of the type March 11,1957, Musical Heights amend­ to operation. On March 20, 1957, he referred to in the Regional petition were ed to specify 1410 kc instead of 1320 kc, submitted a financial statement showing sent to film distributors, the corporation but still at Braddock Heights. On April total assets in excess of $64,000 (includ­ has never conducted any business and 9, 1957, Miller, using the same John J, ing real estate at $1,800), “Cfish” in ex­ exists in name only. Accordingly, Miller Keel as his engineering consultant, filed cess of $1,350, and long term liabilities argues that the relationship was not of his application for 1410 kc at Halfway, of $11,500. * On April 20, 1957, he sub­ the type required to be disclosed by the Maryland, which application was mu­ mitted a second financial statement application form. tually exclusive with the amended appli­ showing total assets in excess of $99,000 9. From the foregoing, it is unclear cation of Musical Heights. Thus, the (including real estate at $18,000), “ cash” whether Miller-Weinberg Theaters was filing of the Miller application precluded in excess o f $20,000, and long term lia­ merely an abortive business venture, or a grant without hearing of an applica­ bilities of $7,000. On August 1, 1958, he was a corporation established to fulfill tion which would be competitive with submitted a third financial statement a single specific purpose. The latter is Weinberg’s proposed facility. This, showing total assets in excess of $110,000 somewhat suggested by the fact that the coupled with the fact that Miller and (including real estate at $18,000), “cash” corporate charter has not been surren­ Weinberg have apparently previously in excess of $30,000 and long term lia­ dered or allowed to expire. In any event, joined together for mutual business ad­ bilities of $6,000. The material changes it is impossible in the present state of the vantage, and the fact that Weinberg’s in the financial statements lie in the partner, Keel, was the engineering con­ valuation of real property and the upon a showing that public interest, con­ sultant who advised the filing of an ap­ amount of “ cash” . Regional alleges, as venience and necessity will be served through plication which, on its face, would be a matter of common knowledge, that the such multiple ownership situation; or competitively advantageous to the Wein- theater business in which Miller is en­ (b) Such party, or any stockholder, officer berg-Keel application is sufficient to war­ gaged has been poor and it is, therefore, or director of such party directly or indi­ rant the designation of an issue as to rectly owns, operates, controls, or has any incredible that his financial position interest in, or is an officer or director of any Miller’s motive in filing his application, could have improved so greatly over such other standard broadcast station if the grant and his intentions relative to actually a short period of time. Miller’s affidavit of such license would result in a concentra­ constructing and operating the station in replies that the increase in the evalua­ tion of . control of standard broadcasting in a the event of a grant. tion of the real property results from manner inconsistent with public interest, 11. Regional further contends that in the fact that the original valuation of convenience, or necessity. In determining view of the Miller-Weinberg relationship $1,800 was a typographical error, and the whether there is such a concentration of arid the proximity of their proposed sta­ improvement in the “ cash” position control, consideration will be given to the tions, a question as to violation of § 3.35 facts of each case with particular reference arises because his original statement did to such factors as the size, extent and loca­ of the rules is raised. The two elements not include the value of a coin collec­ tion of areas served, the number of people necessary to invoke this Section are tion. The disparity between the cash -Served, classes of station Involved and the common control of the two stations and positions of the second and third state­ extent of other competitive service to the an overlap of a substantial portion of ments is said to result from additions areas in question. * * * their primary service areas. As here­ to the coin collection and “other 4 Section II, page 4, Table II of Commission inbefore noted, the issues in this pro­ increases.” ;.°rm,.301 (Application Form) gives as in­ ceeding are to be enlarged to determine structions; “The purpose of Table n is to 13. Although Regional’s arguments tain information concerning the occupa- the degree of affinity between Miller and relative to the requested financial issue u, business and financial interests at the Weinberg. This question will be ex­ are not altogether persuasive, sufficient present time and during the past 5 years of plored both generally and with^ specific has been alleged when considered in con­ aPPlicant. state the principal occupa- reference to the degree, if any, of com­ junction with Miller’s reply with respect r.arL.f« business in which (the) party mon control of their proposed stations. to his cash position to warrant enlarge­ h ed is engaged at the present time or has The engineering exhibit submitted with ment of the issues. k enSaged at any time during the past Fishman’s program proposals (Re­ b * 5s’ and’ lrL addition, state any other On March 9, 1958, Weinberg and Keel quested Issues 6 and 7) : nar+w - 0r financial enterprise in which such 5 dismissed their application for Braddock has hoiJaSt^ ° w or witkin the past 5 years 14. Regional points out that Mr. Fish­ est eitller a 25 percent or greater inter­ Heights, and on the same day filed a new man’s application does not specify pro­ nal. relationship. In case the application on the same frequency at Middle- gram titles and argues that this, coupled town, Maryland, a community approximately anv rv+v,8,8 ^een associated in business with with certain deficiencies in the engineer­ of Pa„*,er j?erson or persons, state the name three miles northwest of Braddock Heights. 1 each other person.” On August 18, 1958, the second Weinberg- ing portion of his application as origi­ Keel application was amended to specify nally filed, indicates that he failed to give S J a y ® . thls question, Mr. Miller stated 1550 kc. However, the Commission’s con­ proper time and attention to his pro­ cern is with the status of the applications gramming proposals. Accordingly, Re­ heater in ¿ aJ r Sstown.Pr°Priet0r ° £ Heiiry’S at the time the Miller application was filed. gional seeks issues as to whether Fish- 4068 NOTICES man’s program proposals adequately 11. To determine whether John L. Mil­ (1) The record in the above-entitled reflect his judgment as to programming, ler, tr/as The Four States Broadcasting proceeding; and whether his programming will meet Company, is financially qualified to con­ (2) Certain revised tariff schedules the needs of Brunswick, Maryland, the struct his proposed station and operate filed by American Telephone and Tele­ community which he proposes to serve. it for a reasonable time. graph Company (A T & T ) under its 15. Program titles are not essential to I t is further ordered, That the petition Transmittal No. 5940 to become effective establish program content, for they may to enlarge issues filed by Regional Broad­ May 17, 1959, together with revised con­ be misleading in this regard. Fishman’s casting Company on December 15, 1958, currences of the associated Bell com­ application sets forth the type or class is, to the extent set forth above, granted, panies in the tariff schedules of AT & T of program he proposes to broadcast in and, except as provided in paragraph 17 applicable to the various private line each time segment and thereby fulfills hereof, is otherwise denied. services and channels; and It appearing, that the effect of the the Commission’s requirements. The Released: May 14,1959. further description of the programs by above-mentioned tariff schedules and title would be of no material assistance F ederal C ommunications concurrences is to make applicable the to the Commission in evaluating Fish­ C o m m is s io n , charges, classifications, regulations and man’s proposal, and the lack of such [ s e a l ] M a r y J a n e M o r r is, practices contained in the AT & T private titles is not a proper basis for an in­ Secretary. line tariff schedules to interstate private ference that the programming proposal line communication services and chan­ [F.R. Doc. 59-4260; Filed, May 19, 1959; nels furnished by the associated Bell was prepared without due consideration 8:51 a.m.] for the various factors involved. Re­ companies solely by means of their own gional alleges no facts casting doubt on facilities and those of their concurring, the general suitability of Fishman’s pro­ connecting and other participating car­ posals to meet the needs of Brunswick, [Docket Nos 12349, 12351; FCC 59M-621] riers other than A T & T; and Maryland. It further appearing, that by virtue of Availability of Fishman’s transmitter WJPB-TV, INC., AND TELECASTING, our previous orders of March 9,1956, and site (Requested Issues 8 and 9 ): INC. October 9, 1956, herein, the above-men­ 16. Regional alleges without substan­ tioned tariff filings would bring into issue tiation that Fishman’s proposed trans­ Order Continuing Hearing herein the justness and reasonableness mitter site is owned by a Mrs. jLydia In re applications of WJPB-TV, Inc., of the charges, classifications, regula­ Throckmorton, *and that Fishman has Weston, West Virginia, Docket No. 12349, tions and practices contained in the not even discussed with her a use of her File No. BPCT-2318; Telecasting, Inc., AT & T tariffs as applied to services property to the extent he now proposes. Weston, West Virginia, Docket No. 12351, furnished solely by associated Bell com­ Fishman states in his opposition that File No. BPCT-2345; for construction panies as distinguished from their appli­ he never proposed to use Mrs. Throck­ permits for new television broadcast sta­ cation to joint AT & T and associated morton’s land as his transmitter site, but tions (Channel 5). Bell company services as originally con­ templated in this proceeding; and rather the land of J. B. Cunningham di­ Upon verbal request of counsel for all It further appearing, that the record rectly adjacent thereto, on which land parties to this proceeding, It is ordered, in Docket No. 11645 does not contain he has an option. As Regional’s reply This 13th day of May 1959, that hearing to the opposition does not challenge this sufficient evidence to resolve issues as to herein, which is presently scheduled for the justification for the tariff schedules statement, the Commission assumes that May 14,1959, be, and the same is hereby, its allegation arose through error. involved therein as applied to services continued to May 28, 1959, at 9:15 a.m., furnished solely by associated Bell com­ 17. Regional further requests that ex­ in the offices of the Commission, Wash­ panies; and isting Issue No. 7 be expanded to include ington, D.C. It further appearing, that to delay the a comparison of the Fishman applica­ Released: May 13,1959. closing of the record in Docket No. 11645 tion. This portion of the petition will be a length of time which would allow the disposed of in a subsequent memo­ F ederal C ommunications introduction of and cross examination randum. C o m m is s io n , with respect to evidence sufficient to re­ Accordingly, it is ordered, This 13 th [ s e a l ] M a r y J a n e M o r r is, solve such issues would not conduce to day of May 1959, that Issue No. 8 is re­ Secretary. the prompt and orderly dispatch of Com­ numbered as Issue No. 12, and that the [F.R. Doc. 59-4261; Filed, May 19, 1959; mission business or serve the ends of following are added as Issues 8, 9, 10 and 8:51 a.m.] justice; U: I t is ordered, That the issues in Docket 8. To determine whether, in regard to No. 11645 are amended to preclude con­ the Miller-Weinberg business relation­ sideration of the lawfulness of the tariff ship, the application of Four States [Docket No. 11645, etc.; FCC 59-454] schedules herein involved as applied to Broadcasting Company fully disclosed AMERICAN TELEPHONE AND TELE­ interstate communication services fur­ the information called for by section II, nished solely by the associated Bell com­ page 4, Table n of Commission Form GRAPH CO. AND WESTERN UNION panies, or by them jointly with their con­ 301, and, if the finding be in the nega­ TELEGRAPH CO. necting, concurring and other partici­ tive, what information was not set forth pating carriers other than AT&T. and the reasons therefor. Order Amending Issues 9. To determine the nature and degree In the matter of American Telephone Released: May 15, 1959. of relationship, including business rela­ and Telegraph Company, charges, classi­ F ederal C ommunications tionship, which exists between John L. fications, regulations and practices for C o m m is s io n , Miller and Dan Weinberg, and whether and in connection with private line serv­ [ s e a l ] M a r y J a n e M o r r is, the application of John L. Miller, tr/as ices ana channels; Docket No. 11645; Secretary. The Four States Broadcasting Company, The Western Union Telegraph Company, [F.R. Doc. 59-4262; Filed, May 19, 1959! was filed in good faith or was filed solely charges, classifications, regulations and 8:51 ajn .] or in part to improve the competitive practices for and in connection with position of Dan Weinberg in any pro­ Domestic Leased Facility Service ; Docket ceeding before this Commission. No. 11646; American Telephone and 10. To determine whether the stations Telegraph Company, et al., charges, [Docket No. 12870; FCC 59-447] proposed by John L. Miller at Halfway, classifications, regulations and practices NORTHEAST RADIO, INC. (WCAP) Maryland, and Dan Weinberg, in part­ for and in connection with channels for nership with John J. Keel, at Middle- data transmission; Docket No. 12194. Order Designating Application for town, Maryland, will be under common At a session of the Federal Communi­ Hearing on Stated Issues control within the contemplation of § 3.35 cations Commission held at its offices in of the Commission’s rules, and, if so, Washington, D.C., on the 13th day of In re application of Northeast Radio whether a grant of Miller’s application May 1959; Inc. (W CAP), Lowell, Massachusetts, would be in contravention of § 3.35 of The Commission having under con­ Docket No. 12870, File No. BP-12014; the Commission’s rules. sideration: (Has: 980 kc, 1 kw, Day) (Req: 980 kc, Wednesday, May 20, 1959 FEDERAL REGISTER 4069

5 kw, D ay); for standard broadcast con­ for the hearing and present evidence on price during the period buyer’s una­ struction permit. the issues specified in the order. mortized capital investment is high and At a session of the Federal Communi­ Released: May 15, 1959. are beneficial to seller in that it receives cations Commission held at its offices in a progressively higher return contem­ Washington, D.C., on the 13th day of May F ederal C ommunications poraneously with its increasing costs. 1959; C o m m is s io n , In support of the proposed increased The Commission having under consid­ [ s e a l ] M a r y Ja n e M o r r is, rates and charges Hunt Oil Company eration the above-captioned and de­ Secretary. (Hunt) cites the favored-nation provi­ sion of the contract; El Paso Natural Gas scribed application; and [F.R. Doc. 59-4263; Filed, May 19, 1959; It appearing, that except as indicated 8:51 a.m.] Company has protested Hunt’s proposed by the issues specified below, the appli­ increased rates and charges. cant is legally, financially, technically The increased rates and charges so and otherwise qualified to operate the proposed have not been shown to be justi­ station as proposed, but that the instant FEDERAL POWER COMMISSION fied, and may be unjust, unreasonable, proposal would cause objectionable in­ [Docket No. G-18462 etc.] unduly discriminatory or preferential, or terference to stations W TRY, Troy, New otherwise unlawful. York; WSUB, Groton, Connecticut; and A. F. BRANN ET AL. The Commission finds: lit is necessary WCSH, Portland, Maine; and and proper in the public interest and to It further appearing, that, pursuant to Order for Hearings and Suspending aid in the enforcement of the provisions section 309(b) of the Communications Proposed Changes in Rates 1 of the Natural Gas Act that the Commis­ Act of 1934, as amended, the applicant sion enter upon hearings concerning the M a y 13, 1959. and the licensees of said stations were lawfulness of the several proposed notified by letter dated February 18,1959, In the matters of A. F. Brann, Docket changes and that the above-designated of aforementioned deficiency, and that No. G-18462; The Carter Oil Company, supplements to Respondents’ FPC Gas the Commission was unable to conclude Docket No. G-18463; Hunt Oil Company, Rate Schedule be suspended and the use that a grant of the instant application Docket No. G-18464. thereof deferred as hereinafter ordered. would be in the public interest; and On April 13, 1959, the above-named The Commission orders: It further appearing, that the appli­ Respondents tendered for filing Notices (A ) Pursuant to the authority of the cant filed a timely reply and stated that of Change, which propose increased rates Natural Gas Act, particularly sections 4 it would appear at a hearing on its ap­ and charges in their presently effective and 15 thereof, the Commission’s rules of plication; and rate schedules* for sales of natural gas practice and procedure, and the regula­ It further appearing, that the Commis­ subject to the jurisdiction of the Com­ tions under the Natural Gas Act (18 CFR sion, after consideration of the foregoing, mission. The proposed changes are con­ Ch. I ) , public hearings shall be held is of the opinion that a hearing on the tained in the following designated filings: upon dates to be fixed by notices from the instant application is necessary; A. F. Brann and The Carter Oil Company Secretary concerning the lawfulness of the proposed increased rates and charges It is ordered, That pursuant to section Description: Notices of Change, dated 309(b) of the Communications Act of April 9, 1959. contained in the above-designated sup­ 1934, as amended, the application is des­ Purchaser: Natural Gas Pipeline Company plements to Respondents’ FPC Gas Rate ignated for hearing, at a time and place ■of America. Schedules. to be specified in a subsequent order upon Rate schedule designations: Supplement (B) Pending the hearings and deci­ the following issues: No. 4 to A. F_ Brann’s FPC Gas Rate Schedule sions thereon, the above-designated sup­ 1. To determine the areas and popu­ No. 1. Supplement No. 2 to The Carter Oil plements are each hereby suspended and lations which would be expected to gain Company’s FPC Gas Rate Schedule No. 44. the use thereof deferred until October Effective date: May 14, 1959 (effective date 14, 1959, and until such further time as or lose primary service from the proposed is the first day after expiration of the re­ operation of Station WCAP, and the quired thirty days’ notice). they are made effective in the manner availability of other primary service to prescribed by the Natural Gas Act. such areas and populations. Hunt Oil Company (C) Neither the supplements hereby 2. To determine whether the proposed Description: Notice of Change, undated. suspended nor the rate schedules sought operation of Station WCAP would cause Purchaser: El Paso Natural Gas Company. to be altered shall be changed until these objectionable interference to Stations Rate schedule designation: Supplement No. proceedings have been disposed of or 5 to Hunt Oil Company’s FPC Gas Rate until the periods of suspension have ex­ WTRY, Troy, New York; WSUB, Groton, Schedule No. 31. Connecticut; and WCSH, Portland, Effective date: May 14, 1959 (effective date pired, unless otherwise ordered by the Maine, or any other existing standard is the first day after expiration of the re­ Commission. broadcast station and, if so, the nature quired thirty days’ notice. Hunt requested (D) Interested State commissions may and extent thereof, the areas and popula- a prior effective date and waiver of notice). participate as provided by §§1.8 and 1.37(f) of the Commission’s rules of affected thereby, and the avail­ In support of the proposed increased ability of other primary service to such practice and procedure (18 CFR 1.8 and rates and charges A. F. Brann (Brann) 1.37(f)). areas and populations. and The Carter Oil Company (Carter) 3. To determine, in light of the evi­ cite the periodic price provisions of their By the Commission. dence adduced pursuant to the foregoing contracts and state that the contracts issues, whether a grant of the instant [ s e a l ] J o s e p h H . G u t r id e , were negotiated at arm’s length. In addi­ Secretary. PPhcation would serve the public in- tion Brann and Carter state that without convenience, and necessity. the periodic price provisions of their con­ [F.R. Doc. 59^4217; Filed, May 19, 1959; It is further ordered, That Maine tracts they would not have executed the 8:46 a.m.] Radio and Television Company; Law- contracts. Further, they state that the Reilly and James. L. Spates; periodic price provisions are beneficial lip W TRY Broadcasting Corp., to buyer in permitting a low purchase 2 es of stations WCSH, WSUB and INTERSTATE COMMERCE f y * ' respectively, are made parties 1This order does not provide for the con­ “ the hearing proceeding; solidation for hearing of the above dockets, COMMISSION t h L lSJ Urther ordered, That to avail nor should it be so construed. 2 A. F. Brann’s rates are in effect subject PETITION TO REDEFINE COMMERCIAL heSf I f 0f the opportunity to be to refund in Docket No. G-16490 Supplement ZONE LIMITS ■~le applicant and parties re- No. 3 and subject to order in Docket No. misci ’ Pursuant to § 1.140 of the Com- G-12996. The Garter Oil Company’s rates are M a y 15, 1959., shaii°n-5f*es’ *n Porson or by attorney, in effect subject to refund in Docket No. G - The following petition relative to the this 20 days °f the mailing of 15176 Supplement No. 11 Hunt Oil Com­ limits of the zone adjacent to and com­ pany’s rates are in effect subject to refund in triniipr +er’ the Commission, in Docket No. G-16422 Supplement No. 4 and mercially a part of a municipality within an i«t f a b itte n appearance stating subject to order in Docket No. G-13191 Sup­ the meaning of section 203(b) (8) of the ntention to appear on the date fixed plement No. 3. Interstate Commerce Act has been re- No. 98------d 4070 NOTICES ceived and will be processed in the man­ the area now recognized as the Lake merce Commission, pursuant to section ner hereinafter indicated. Charles Harbor and Terminal District,, 17 of the Interstate Commerce Act as In No. MC-C-3, Chicago, III., Com­ but not less than 4 miles from the corpo­ amended, revised to January 1, 1959 (24 mercial Zone, a petition dated April 2, rate limits of Lake Charles at any point. F.R. 2506) have been amended in the 1959, has been filed by the Village of Elk No oral hearing is contemplated with following particulars: Grove, 111., seeking redefinition of the respect to the petition, but an informal The section entitled Duties and Re­ limits of the commercial zone of Chicago, investigation with respect to redefinition sponsibilities of the Chairman of the 111., in a manner to expand them to in­ of the zone limits will be conducted. Commission has been amended by dele­ clude the Village of Elk Grove. Subsequent to such investigation, the tion of Item 3.14. The limits of the Chicago, III., Com­ Commission will either (1) enter an The section entitled Assignment of mercial Zone are presently defined in No. order denying the petition or, (2) if any Duties to Individual Commissioners has MC-C-3, Chicago, III., Commercial Zone, change is considered, a Notice of Pro­ been amended by adding new Item 6.9(d) 1 M.C.C. 673 (49 CFR 170.2). Attorneys posed Rule Making will be published. delegating the duty described below to for petitioner are Axelrod, Goodman and Persons supporting or opposed to any the Commissioner through whom the Steiner, 39 South LaSalle St., Chicago change in the present zone limits, who Bureau of Safety and Service reports: 3,111. # desire to participate in future proceeed- 6.9(d) Authority to recommend to the No formal hearing is contemplated ings on this petition or be notified of United States Attorneys or Department with respect to the petition, but an any action taken thereon, should notify of Justice that appropriate civil or penal informal investigation with respect to the Commission and the petitioners of proceedings be instituted to enforce the redefinition of the zone limits will be their desire on or before 30 days from statutory provisions delegated: to Divi­ conducted. Subsequent to such investi­ the date of this publication in the F ed­ sion 3 relating to safety of railroad oper­ gation the Commission will either (1) eral R eg ist e r . ations. enter an order denying the petition or, By the Commission. (2) if any change is considered, a Notice [ s e a l ] H arold D . M cC o y , of Proposed Rule Making will be pub­ [ s e a l ] H arold D . M cC o y , Secretary. lished. Persons supporting or opposed to Secretary. [F.R. Doc. 59-4242; Filed, May 19, 1959; any change in the present zone limits, [F.R. Doc. 59-4240; Filed, May 19, 1959; 8:49 a.m.] who desire to participate in future pro­ 8:49 a.m.] ceedings on this petition or be notified of any action taken thereon, should notify the Commission and the individual peti­ [Notice 269] tioner of their desire on or before 30 days [No. MC—C—2526] from the date of this publication in the MOTOR CARRIER APPLICATIONS F ederal R e g ister . PETITION FOR DECLARATORY M ay 15,1959. ORDER By the Commission. The following applications are gov­ M a y 15, 1959. erned by the Interstate Commerce Com­ [ s e a l] H arold D. M cC o y , mission’s special rules governing notice Secretary. Petitioner: CROSS COUNTRY TRUCK RENTALS, INC., 160 Carnegie of filing of applications by motor carriers [F.R. Doc. 59-4239; Filed, May 19, 1959; of property or passengers or brokers 8:49 a.m.] Avenue, Newark, N.J. Petitioner’s at­ torney: Herman B. J. Weckstein, 1060 under sections 206, 209, and 211 of the Broad Street, Newark 2, N. J. In the pe­ Interstate Commerce Act and certain tition dated February 12,1959, petitioner other procedural matters with respect states that it is engaged in the business thereto. PETITION TO REDEFINE COMMERCIAL All hearings will be called at 9:30 ZONE LIMITS of renting or leasing motor vehicles to private carriers for .usé in the transpor­ o’clock a.m., United States standard time M a y 15, 1959. tation of their products, and as such is (or 9:30 o’clock a.m., local daylight sav­ The following petition relative to the of the belief that it is not subject to the ing time), unless otherwise specified. limits of the zone adjacent to and com­ provisions of the Interstate Commerce A pplications A s sig n e d for O ral H earing mercially a part of a municipality within Act. ! Petitioner alleges further that he or P r e-H e a r in g C o n f e r e n c e the meaning of section 203(b) (8) of the is informed and believes that an investi­ Interstate Commerce Act has been re­ gation of its activities is being conducted m o to r CARRIERS OF PROPERTY ceived and will be processed in the man­ by the Commission, that the investiga­ No. MC 263 (Sub No. 103) filed March ner hereinafter indicated. tion includes the legality of lease ar­ 26, 1959. Applicant: GARRETT In Ex Parte No. MC-37, Commercial rangements with and by various private FREIGHTLINES, INC., 2055 Pole Line Zones and Terminal Areas, a petition carriers, who have in the past leased Road, Pocatello, Idaho. Applicant’s at­ dated April 27, 1959, has been filed by equipment from petitioner, and states torney: Maurice H. Greene, P.O. Box the Lake Charles Harbor and Terminal that a hearing is desired at Newark, N. J. 1554, Boise, Idaho. Authority sought to District and 5 manufacturers seeking re­ HEARING: June 25, 1959, at 9:30 operate as a common carrier, by motor definition of the commercial zone of o’clock a.m., United States Standard vehicle, over regular routes, transport­ Lake Charles, La., in a manner to expand Time (or 9 :30 o’clock a.m., local daylight ing: General commodities, except Class them. saving time, if that time is observed) A and B explosives, livestock, household The limits of the commercial zone of at the U.S. Court Rooms, Newark, N.J., goods as defined by the Commission, Lake Charles, La., are now determined before Examiner Lucian A. Jackson. grain, in bulk, petroleum products, in bulk, set-up automobiles, and commodi­ by application of the mileage-population By the Commission. formula enunciated in Ex Parte No. M C- ties requiring special equipment, between 37, Commercial Zones and Terminal [ s e a l ] H arold D . M cC o y , Great Falls, Mont., and the Port of Entry Areas, 46 M.C.C. 655 (49 CFR 170.15, Secretary. on the boundary between the United 170.16, and 170.17) and include the base [F.R. Doc. 59-4241; Filed, May 19, 1959; States and Canada at Sweetgrass, Mont.: municipality of Lake Charles, all un­ 8:49 a.m.] from Great Falls over U.S. Highway 91 incorporated areas within 4 miles of to the Port of Entry at Sweetgrass, and Lake Charles corporate limits, and all of return over the same route, serving all any other municipality any part of which intermediate points. Applicant is au­ is within 4 miles of the corporate limits ORGANIZATION MINUTES thorized .to conduct operations in Wash­ of Lake Charles. Traffic Manager for the ington, Idaho, Montana, California, Ne­ Lake Charles Harbor and Terminal Dis­ M a y 15, 1959. vada, Oregon, Wyoming, Utah, Arizona, trict is D. C. Davis, Port of Lake Charles, The Organization Minutes of the In ­ New Mexico, and Colorado. Lake Charles Harbor and Terminal terstate Commerce Commission relating HEARING: June 30,1959, at the Mon­ District, Lake Charles, La. to the organization of divisions and tana Board of Railroad Commissioners, Petitioners seek enlargement of the boards and assignment of work, business Helena, Mont., before Joint Board No. above-described zone limits to encompass and functions of the Interstate Com­ 345.

( "Wednesday, M ay 20, 1959 FEDERAL REGISTER 4071

No. MC 603 (Sub No. 13), filed April No. MC 3009 (Sub No. 30), filed April 836-38 East 73d Street, Cleveland 3, Ohio. 16, 1959. Applicant: T. R. SHUMPERT, 13,1959. Applicant: WEST BROTHERS, Applicant’s attorney: Louis E. Smith, doing business as SHUMPERT TRUCK INC. 706 East Pine Street Hattiesburg, 1800 North Meridian Street, Indianapolis LINE, Highway 278 West., Amory, Miss. Miss. Applicant’s attorney: Dudley W. 2, Ind. Authority sought to operate as a Applicant’s attorney: Rubel L. Phillips, Conner, Conner Building, Hattiesburg; contract carrier, by motor vehicle, over Deposit Guaranty -Bank Building, Jack- Miss. Authority sought to operate as a irregular routes, transporting: (a) new son, Miss. Authority sought to operate common carrier, by motor vehicle, over trucks, new truck tractors, new truck as a common carrier, by motor vehicle, regular routes, transporting: General chassis, and commercial automotive ve­ transporting: General commodities, ex­ commodities, except those of unusual hicles, in initial movements, by the cept those of unusual value, Class A and value, Class A and B explosives, house­ driveaway method, from Exton, Pa., to B explosives, household goods as defined hold goods as defined by the Commission, points in the United States r~(b) trailers, by the Commission, commodities in bulk, commodities in bulk, and those requiring semitrailers, and trailer chassis, in sec­ and those- requiring special equipment, special equipment, between Birmingham, ondary movements, by the driveaway serving Hamilton (Monroe County), Ala., and Meridian, Miss., over U.S. High­ method, only when being drawn by trac­ Miss., as an off-route point in connection way 11, serving no intermediate points, tors in the movement described in para­ with applicant’s authorized regular route as an alternate route for operating con­ graph (a) above, from Exton, Pa., to operations between Memphis, Term., and venience only in connection with ap­ points in the United States including Amory, Miss. Applicant is authorized to plicant’s authorized regular route opera­ Alaska; (c) parts and equipment of the conduct operations in Alabama, Mis­ tions i between Birmingham, Ala., and vehicles described in paragraphs (a) and sissippi, and Tennessee. New Orleans, La., and Birmingham, Ala., (b) above, only when belonging to and HEARING: July 1,1959, at the Robert and Gulfport, Miss. Applicant is author­ accompanying the vehicle on which they E. Lee Hotel, Jackson, Miss., before Joint ized to conduct operations in Alabama, are to be installed, from Exton, Pa., to Board No. 97. Louisiana, and Mississippi. points in the United States including No. MC 2202 (Sub No. 174), filed May HEARING: June 30, 1959, at the Rob­ Alaska; and rejected and/or damaged 11, 1959. Applicant: ROADWAY EX­ ert E. Lee Hotel, Jackson, Miss., before shipments of the above-described ve­ PRESS, INC., 147 Park Street, Akron, Joint Board No. 14. hicles, on return. Applicant is author­ Ohio. Applicant’s attorney: William O. No. MC 3009 (Sub No. 31), filed April ized to conduct operations throughout Turney, 2001 Massachusetts Avenue NW., 13, 1959. Applicant : WEST BROTHERS, the United States. Washington 6, D.C. Authority sought to INC., 706 East Pine Street, Hattiesburg, N ote: A proceeding has been instituted operate as a common carrier, by motor Miss. Applicant’s attorney: Dudley W. under section 212(c) in No. MC 17731 (Sub vehicle, transporting: General commodi­ Conner, Conner Building, Hattiesburg, No. 7), to determine whether applicant’s ties, except those of unusual value, Class Miss. Authority sought to operate as a status is that of a contract or common A and B explosives, livestock, household common carrier, by motor vehicle, over carrier. goods as defined by the Commission, regular routes, transporting: General HEARING: June 30, 1959, at the O f­ commodities in bulk, and those requir­ commodities, except those of unusual fices of the Interstate Commerce Com­ ing special equipment, serving Holmes- value, Class A and B explosives, house­ mission, Washington, D.C. before Ex­ ville (located in Holmes County), Ohio, hold goods as defined by the Commission, aminer Leo W. Cunningham. as an off-route point in connection with commodities in bulk, and those requiring No. M C, 22619 (Sub No. 12), filed applicant’s authorized regular route op­ special equipment, (1) Between Lucedale, April 27, 1959. Applicant: PULLEY erations to and from Wooster, Ohio. Miss., and Poplarville, Miss., over Missis­ FREIGHT LINES, INC., East 24th and Applicant is authorized to conduct op-' sippi Highway 26, serving all intermedi­ Easton Boulevard, Des Moines, Iowa. erations in Alabama, Delaware, the Dis­ ate points; and (2) Serving all inter­ Applicant’s representative: William A.. trict of Columbia, Georgia, Illinois, In ­ mediate points on U.S. Highway 49 Landau, 1307 East Walnut Street, Des diana,, Kansas, Kentucky, Maryland, between Hattiesburg, Miss., and Gulf­ Moines 16, Iowa. Authority sought to Michigan, Missouri, New Jersey, New port, Miss., in connection with appli­ operate as a contract carrier, by motor York, Ohio, Oklahoma, Pennsylvania, cant’s authorized regular route opera­ vehicle, over irregular routes, transport­ South Carolina, Tennessee, Texas, Vir­ tions between Hattiesburg, Miss., and ing: Canned goods, from Peoria and. ginia, West Virginia, and Wisconsin. , New Orleans, La. Applicant is author­ Pekin, 111., to points in Iowa. Applicant HEARING: June 10, 1959, at the New ized to conduct operations in Alabama, is authorized to conduct operations in Post Office Building, Columbus, Ohio, Louisiana, and Mississippi. Illinois, Iowa, Kansas, Minnesota, Mis­ before Joint Board No. 117. N ote: Any duplication with, present and souri, Nebraska, South Dakota, and No. MC 2229 (Sub No. 97), filed May 12, pending authority to be eliminated. Wisconsin. 1959. Applicant: RED BALL MOTOR HEARING: June • 29, 1959, at the N ote: A proceeding has been instituted FREIGHT, INC., 1210 South Lamar, P.O. under section 212(c) of the Interstate Com­ Box 3148, Dallas, Tex. Authority sought Robert E. Lee Hotel, Jackson, Miss., be­ fore Joint Board No. 97. merce Act to determine whether applicant’s to operate as a common carrier, by mo­ status is that of a contract or common car­ tor vehicle, over regular routes, trans­ No. MC 8989 (Sub No. 181), filed May rier in No. MC 22619 (Sub No. 9). Dual porting: Liquid or dry commodities, in 8, 1959. Applicant: HOWARD SOBER, operations under section 210 may be involved. INC., 2400 West St. Joseph Street, P.O. collapsible tanks or bins, or the equiv- HEARING: July 8, 1959, at the Fed­ b n » hereof, between all points Red Box 1228, Lansing, Mich. Applicant’s attorney: Albert F. Beasley, Investment eral Office Building, 5th and Court Ave­ Ball Motor Freight, Inc., is presently au- nues, Des Moines, Iowa, before Joint norized to serve in the transportation of Building, 15th and K Streets NW., Wash­ ington 5, D.C. Authority sought to oper­ Board No. 54. general commodities, as contained in No. MC 29079 (Sub No. 7), filed April certificate No. MC 2229 and sub numbers ate as a common carrier, by motor ve­ hicle, over irregular routes, transporting: 6,1959. Applicant: BRADA CARTAGE rA«/fU^ er’ Applicant is authorized to Buses, in initial truckaway and drive- COMPANY, a corporation, 4001 Central, rn rir ?Perations in Arkansas, Colo- away service, from Warren, Mich., to Detroit, Mich. Applicant’s attorney: an,40’nrou*s*ana’ New Mexico, Oklahoma, and Texas. points in the United States, including Robert A. Sullivan, 1800 Buhl Building, Alaska and the District of Columbia, and Detroit 26, Mich. Authority sought to Applicant states that it seeks au damaged, rejected and returned ship­ operate as a common carrier, by motor not »1m J instant application, if it doei ments of the above-specified commodi­ vehicle, over irregular routes, transport­ lianiri at*!? bave authority, to transport botl ties on return. Applicant is authorized ing: Iron and steel scrap, in dump trucks entire commodities throughout iti only, from Benton Harbor, Mich., to In ­ Portatirvi?^+ of operations when such trans. to conduct operations throughout the United States. diana Harbor (Lake County), Ind. Ap­ “sealdhin ,.takes Place in “sealdtanks” oi plicant is authorized to conduct opera­ ComcîW ma:rketedl by the U. S. Rubbe: HEARING: June 25,1959, at the Offices similar «o+>r other collapsible containers o: tions in Illinois, Indiana, Kentucky, onnuar nature and design. of the Interstate Commerce Commission, Michigan, and Ohio. Washington, D.O., before Examiner Lacy HEARING: June 25, 1959, at the Olds o U h ^ tÎNG: June 9* 1959> at the Office! W. Hinely. Hotel, Lansing, Mich., before Joint Board WaS ? iS erState Commerce Commission No. MC 17731 (Sub No. 8), filed April No. 9. len xkt f^°n’ D-C-> before Examiner Al- 22, 1959. Applicant: KEAL DRIVE- No. MC 29328 (Sub No. 1), filed April ien w. Hagerty. AWAY COMPANY, A CORPORATION, 20, 1959. Applicant: SCHIEK MOTOR 4072 NOTICES

EXPRESS, INC., 90 Casseday Avenue, points in connection with applicant’s au­ Savier Street, Portland, Oreg. Appli­ Joliet, HI. Applicant’s attorney: Frank­ thorized regular route operations be­ cant’s attorney: Jerome Anderson, Elec­ lin R. Overmyer, Harris Trust Building, tween Lynden, Wash., and Bellingham, tric Building, P.O. Box 1472, Billings, 111 West Monroe Street, Chicago 3, 111. Wash. Mont. Authority sought to operate as a Authority sought to operate as a common HEARING: July 9,1959, Federal Office common carrier, by motor vehicle, over carrier, by motor vehicle, over irregular Building, First and Marion Streets, regular routes, transporting: General routes, transporting: Clay, raw and Seattle, Wash., before Joint Board No. commodities, except liquid petroleum mixed, in bulk, in dump trucks, from 80. products, in bulk, in tank trucks, (1) be­ points in Goose Lake Township, Grundy No. MC 42487 (Sub No. 398), filed tween Lewistown, Mont., and Malta, County, those within 5 miles of Ottawa, April 27, 1959. Applicant: CONSOLI­ Mont.; from Lewistown over Montana and Joliet, 111., to points in Lake County, DATED FREIGHT WAYS, INC., 2116 Highway 19 to Malta, and return over Ind. Applicant is authorized to conduct Northwest Savier Street, Portland 4, the same route, serving no intermediate operations in Illinois and Indiana. Oreg. Applicant’s attorney: Jerome points; and (2) between Grass Range, HEARING: July 2, 1959, in Room 852, Anderson, Electric Building, P.O. Box Mont., and junction Montana Highway U.S. Custom House, 610 South Canal 1472, Billings, Mont. Authority sought 19 and unnumbered highway east of Roy, Street, Chicago, HI., before Joint Board to operate as a common carrier, by motor Mont.; from Grass Range over U.S. No. 21. vehicle, over regular routes, transport­ Highway 87 to its junction with unnum­ No. MS 29886 (Sub No. 151), filed May ing: (1) General commodities, except bered highway at a point one (1) mile 8, 1959. Applicant: DALLAS & MAVIS liquid petroleum products, in bulk, in north of Grass Range, thence over un­ FORWARDING CO., INC., 4000 West tank vehicles, between Grass Range, numbered highway to junction unnum­ Sample Street, South Bend, Ind. Appli­ Mont., and Jordan, Mont., from Grass bered highway and Montana Highway cant’s attorney: Charles Pieroni (same Range over Montana Highway 20 (for­ 19 east of Roy, and return over the same address as applicant). Authority sought merly Montana Highway 18) to Jordan, route, serving no' intermediate points. to operate as a common carrier, by motor and return over the same route, serving Applioant is authorized to conduct opera­ vehicle, over irregular routes, transport­ all intermediate points; (2) General tions in Oregon, Washington, Idaho, ing: Buses, in initial truckaway and commodities, except liquid petroleum California, North Dakota, Minnesota, driveaway service, from Warren, Mich., products, in bulk, in tank vehicles, be­ Montana, and Utah. to points in the United States, including tween Winnett, Mont., and the junction HEARING: July 7, 1959, at the Com­ Alaska. Applicant is authorized to con­ of unnumbered highway and U.S. High­ mercial Club, Billings, Mont., before duct operations throughout the United way 87, north of Roundup, Mont., from Joint Board No. 82. States. Winnett over unnumbered highway to No. MC 42487 (Sub No. 401), filed HEARING: June 25, 1959, at the O f­ the junction of U.S. Highway 87, and re­ April 30, 1959. Applicant: CONSOLI­ fices of the Interstate Commerce Com­ turn over the same route, serving no in­ DATED FREIGHTW AYS, INC., 2116 mission, Washington, D.C., before Ex­ termediate points, as an alternate route Northwest Savier Street, Portland, Oreg. aminer Lacy W. Hinely. for operating convenience only. Appli­ Applicant’s attorney: William B. Adams, No. MC 35320 (Sub No. 65), filed cant is authorized to conduct operations Pacific Building, Portland 4, Oreg. Au­ March 27,1959. Applicant: T.I.M.E. IN ­ in Arizona, California, Colorado, Idaho, thority sought to operate as a common CORPORATED, 2604 Texas Avenue, Illinois, Indiana, Iowa, Michigan, Min­ carrier, by motor vehicle, over a regular Lubbock, Tex. Applicant’s attorney: nesota, Montana, Nebraska, Nevada, route, transporting: General commodi­ W. D. Benson, jr., P.O. Box 1120, Lub­ New Mexico, North Dakota, Oregon, ties, including Class A and B explosives, bock, Tex. Authority sougfit to operate South Dakota, Utah, Washington, Wis­ between Thickol Chemical Corporation as a common carrier, by motor vehicle, consin, and Wyoming. Plant site, Utah, and Brigham City, Utah, over regular routes, transporting: Gen­ HEARING: July 7, 1959, at the Com­ from Brigham City over U.S. Highway eral commodities, except those of un­ mercial Club, Billings, Mont., before 191 to Corinne, Utah, thence over Utah usual value, livestock, and Class A and Joint Board No. 82. Highway 83 through Dathol, Utah to B explosives, serving the site of American No. MC 42487 (Sub No. 399), filed junction unnumbered County road, Louisiana Pipe Line Company Compres­ April 27, 1959. Applicant: CONSOLI­ thence oyer unnumbered County road to sor Station No. 5, located approximately DATED FREIGHTWAYS, INC., 2116 Thickol Chemical Corporation Plant site, nine (9) miles south of Brownsville, Northwest Savier Street, Portland 4, and return over the same route; serving Tenn., as an off-route point in connection Oreg. Applicant’s attorney: Jerome no intermediate points. Applicant is ;with applicant’s authorized regular Anderson Electric Building, P.O. Box authorized to conduct operations in route operations between Brownsville, 1472, Billings, Mont. Authority sought Arizona, California, Idaho, Illinois, Iowa, Tenn., and Union City, Tenn., over U.S. to operate as a common carrier, by motor Michigan, Minnesota, Montana, Ne­ Highway 79 to Paris, Tenn., Tennessee vehicle, over regular routes, transport­ braska, Nevada, North Dakota, Oregon, Highway 54 to Dresden, Tenn., and Ten­ ing: General commodities, except liquid South Dakota, Utah, Washington, Wis­ nessee Highway 22 to Union City (Route petroleum products, in bulk, in tank consin, and Wyoming. 39) and other routes as described in Cer­ vehicles, between Shelby, Mont., and HEARING: June 25,1959, at the Utah tificate No. MC 35320. Applicant is au­ Glendive, Mont., from Shelby over U.S. Public Service Commission, Salt Lake thorized to conduct operations in Texas, Highway 2 to Wolf Point, thence over City, Utah, before Joint Board No. 207. Oklahoma, New Mexico, California, Montana Highway 13 to Circle, thence No. MC 42487 (Stlb No. 402), filed May 7, 1959. Applicant: CONSOLIDATED Arizona, Arkansas, Tennessee, Kentucky, over Montana Highway 20 (formerly FREIGHTW AYS, INC., 2116 Northwest Ohio, Georgia, Missouri, Illinois, and Montana Highway 18) to Glendive, and Indiana. return over the same route, serving the Savier Street, Portland 4, Oreg. Appli­ intermediate points of Oswego, Frazer, cant’s attorney: Jerome Anderson, Elec­ HEARING: June 19, 1959, at the tric Building, P.O. Box 1472, Billings, Wyola, Nashua, Glasgow, Malta, Hins­ Claridge Hotel, Memphis, Tenn., before Mont. Authority sought to operate as a dale, and Saco, and the off-route point of Examiner Isadore Freidson. common carrier, by motor vehicle, over Glasgow Air Force Base. Applicant is No. MC 41485 (Sub No. 2), filed Febru­ irregular routes, transporting: Crude oil, authorized to conduct operations in ary 20, 1959. Applicant: HAROLD F. in bulk, in tank vehicles, between points KORTLEVER AND RAYMOND B. Arizona, California, Colorado, Idaho, in Glacier, Toole, Liberty, Hill, Pondera, KORTLEVER doing business as LYN- Illinois, Indiana, Iowa, Michigan, Min­ Blaine, Phillips, Valley, Daniels, Roose­ DEN-BELLINGHAM AUTO FREIGHT, nesota, Montana, Nebraska, Nevada, velt, Sheridan, Richland, Rosebud, Gar­ Box 606, Lynden, Wash. Authority New Mexico, North Dakota, Oregon, field, Musselshell, Petroleum, Yellow­ sought to operate as a common carrier, South Dakota, Utah, Washington, Wis­ stone, Teton, Choteau, and McCone by motor vehicle, transporting: General consin, and Wyoming. Counties, Mont. Applicant is authorized HEARING: July 7, 1959, at the Com­ commodities, except those of unusual to conduct operations in Arizona, Cali­ value, high explosives, household goods mercial Club, Billings, Mont., before as defined by the Commission, commodi­ Joint Board No. 82. fornia, Colorado, Idaho, Illinois, In­ ties in bulk, and those requiring special No. MC 42487 (Sub No. 400), filed April diana, Iowa, Michigan, Minnesota, Mon­ equipment, serving points within eight 27, 1959. Applicant: CONSOLIDATED tana, Nebraska, Nevada, New Mexico, (8) miles of Lynden, Wash., as off-route FREIGHTWAYS, INC., 2116 Northwest North Dakota, Oregon, South Dakota, \ Wednesday, May 20, 1959 FEDERAL REGISTER 4073

Utah, Washington, Wisconsin, and W y­ chemicals, in bulk, in tank vehicles, from Service Commission, Jefferson City, Mo., oming. the plant site of Calumet Nitrogen Chem­ before Joint Board No. 179. HEARING: July 6, 1959, at the Com­ ical Co., Hammond, Ind., to points in No. MC 58885 (Sub No. 20), filed April mercial Club, Billings, Mont., before Illinois. Applicant is authorized to con­ 13,1959. Applicant: ATLANTA MOTOR Joint Board No. 82. duct operations in Connecticut, Dela­ LINES, INC., 1268 Caroline Street, At­ No. MC 43038 (Sub No. 411), filed May ware, Florida, Georgia, Illinois, Indiana, lanta, Ga. Applicant’s attorney: Allan 8, 1959. Applicant: COMMERCIAL Iowa, Kansas, Kentucky, Maine, Mary­ Watkins, 214-216 Grunt Building, At­ CARRIERS, INC., 3399 East McNichols land, Massachusetts, Michigan, Minne­ lanta 3, Ga. Authority sought to oper­ Road, Detroit 12, Mich. Authority sota, Missouri, Nebraska, New Hamp­ ate as a common carrier, by motor ve­ sought to operate as a common carrier, shire, New Jersey, New York, North Da­ hicle, over a regular route, transporting: by motor vehicle, over irregular routes, kota, Ohio, Oklahoma, Pennsylvania, Carpets, carpeting, rugs, yarn, latex, transporting: Buses, in initial move­ Rhode Island, South Dakota, Tennessee, latex compounds, textile machinery and ments, by driveaway and truckaway, Vermont, Virginia, West Virginia, and textile machinery parts, scoured wool, from Warren, Mich., to all points in the Wisconsin. rayon and synthetic fibre and shipping United States, including Alaska and the HEARING: July 17, 1959, at the U.S. containers, between Atlanta, Ga., and District of Columbia. Applicant is au­ Court Rooms, Indianapolis, Ind., before Rabun Gap, Ga., from Atlanta over U.S. thorized to conduct operations in Ala­ Joint Board No. 21. Highway 23 to Rabun Gap, and return bama, Arkansas, Colorado, the District No. MC 52465 (Sub No. 23), filed April over the same route, serving no inter­ of Columbia, Florida, Georgia, Illinois, 20, 1959. Applicant: WESTERN EX­ mediate points. Applicant is authorized Indiana, Iowa, Kansas, Kentucky, Loui­ PRESS, 2300 Ninth Avenue North, Great to conduct operations in Georgia, North siana, Maryland, Massachusetts, Michi­ Falls, Mont. Applicant’s attorney: Ray Carolina and Tennessee. gan, Mississippi, Missouri, Nebraska, F. Koby, 527-529 Ford Building, Great Falls, Mont. Authority sought to oper­ N ote: Applicant states it has regular route New Jersey, New York, North Carolina, general commodity authority between At­ Ohio, Oklahoma, Pennsylvania, South ate as a common carrier, by motor ve­ lanta and Dahlonega, Ga. (MC 58885 Sub Carolina, Tennessee, Texas, Virginia, hicle, over irregular routes, transporting : No. 2, Georgia Highway 9, U.S. Highway 19), Washington, West Virginia, Wisconsin, Petroleum✓ and petroleum products, in and irregular route authority for the com­ and Wyoming. bulk, in tank vehicles, from Seattle, modities specified in this application between HEARING: June 25,1959, at the Offices Wash., and points within ten miles there­ Dahlonega and Rabun Gap. Ga. (MC 58885 of the Interstate Commerce Commission, of, to points in Montana. Applicant is Sub 16). Washington, D.C., before Examiner LaCy authorized to conduct operations in HEARING: June 24, 1959, at 680 West W. Hinely. Montana, Idaho, Washington, and Utah. Peachtree Street NW., Atlanta, Ga., be­ No. MC 47616 (Sub No. 7), filed April HEARING: June 29,1959, at the Mon­ fore Joint Board No. 101. 30, 1959. Applicant: AERO MOTOR tana Board of Railroad Commissioners, No. MC 58992 (Sub No. 3), filed April LINES, INCORPORATED, 145 Railroad Helena, Mont., before Joint Board No. 79. 27, 1959. Applicant: DALE E. ALEX­ No. MC 52709 (Sub No. 91), filed May Hill Street, Waterbury, Conn. Appli­ ANDER, doing business as ALEXANDER 6, 1959. Applicant: RINGSBY TRUCK cant’s attorney: Harris J. Klein, 280 TRUCK LINE, P.O. Box 351, Lyons, Kans. LINES, INC., 3201 Ringsby Court, Denver Broadway, New York 7, N.Y. Authority Applicant’s attorney: James F. Miller, 5, Colo. Applicant’s representative: sought to operate as a contract carrier, 500 Board of Trade, 10th and Wyandotte, Eugene St. M. Hamilton, 3201 Ringsby by motor vehicle, over irregular routes, Kansas City, Mo. Authority sought to transporting: Acids, chemicals, con­ Court, Denver 5, Colo. Authority sought to operate as a common carrier, operate as a common carrier, by motor tainers and chemical supplies in con­ vehicle, over irregular routes, transport­ tainers, except in tank vehicles, (1) by motor vehicle, transporting: Class A and B explosives, serving the site of the ing : Salt, salt compounds and salt prod­ between Waterbury, Conn., on the one ucts, from the site of the American Salt hand, and, on the other, points in New Thiokol Chemical Corporation plant, lo­ cated near Corinne, Utah, as ah off-route Corporation Plant near Lyons, Kans., to Jersey, except those in that part of New Kansas City, Mo., and empty containers Jersey east of a line beginning at the point in connection with applicant’s au­ thorized regular route operations at or other such incidental facilities, used New York-New Jersey State line near in transporting the above-described com­ Port Jervis, N.Y., and extending in a Ogden, Utah. Applicant is authorized to conduct operations in California, Colo­ modities, on return. Applicant is au­ southwesterly direction to Phillipsburg, thorized to conduct operations in Kansas NJ., thence in a southeasterly direction rado, Illinois, Iowa, Missouri, Nebraska, Nevada, Utah, and Wyoming. and Missouri. through Asbury Park, N.J., to the A t­ HEARING: July 10, 1959, at the New lantic Ocean; (2) between Wallingford, HEARING: June 3, 1959, at thè Utah Public Service Commission, Salt Lake Hotel Pickwick, Kansas City, Mo., before the one hand, and, on the City, Utah, before Joint Board No. 207. Joint Board No. 36. ^ P o i n t s *n Connecticut, Massachu- No. MC 52713 (Sub No. 8), filed May No. MC 59124 (Sub No. 5), filed April nf at’ Rhode Island, those in that part 11, 1959. Applicant: CASSVILLE 24, 1959. Applicant: GEORGE P. or New York south and east of a line MAIERS AND CLARE E. MAIERS, a ginning at the junction of the New TRUCK LINE, INC., Cassville, Mo. Ap­ plicant’s attorney: Joseph R. Nacy, 117 Partnership, doing business as MAIERS rhu 'S0nnecticut and New York-Massa- & SONS MOTOR FREIGHT, 5980 Fulton usetts State lines near Boston Corner, West High Street, Jefferson City, Mo. Authority sought to operate as a com­ Street., Mayville, Mich. Applicant’s at­ ^..and extending in a northwesterly torney: Walter N. Bieneman, Guardian irection to Saratoga Springs, N.Y., mon carrier, by motor vehicle, over regular routes, transporting : General Building., Detroit 26, Mich. Authority viiio C at westerly direction to Glovers- commodities, except those of unusual sought to operate as a common carrier, and thence in a southerly by motor vehicle, over regular routes, section through Port Jervis, N.Y., to the value, Class A and B explosives, house­ hold-goods as defined by the Commission, transporting: General commodities, ex­ thoLTirATNewT Jersey State line> and commodities in bulk and those requiring cept liquid commodities in bulk, com­ thori/p? ? ew J®rsey- Applicant is au- modities of unusual value, Class A and special equipment, between Springfield, Yort m to Tconduct operations in New B explosives, household goods as defined nectiAiifeouJersey’ Massachusetts, Con- Mo., and Joplin, Mo., over U.S. Highway by the Commission, and commodities re­ wp. ’ R^ode Island, and Vermont. 66, serving all intermediate points and quiring special equipment, (1) between 26, 1959, at the the off-route point of Everton, Mo. Ap­ Bay City, Mich., and Detroit, Mich.: mission U heuInte.rstate Commerce Com­ plicant is authorized to conduct opera­ from Bay City over Michigan Highway iner DnnTiHSoing^0n’ D c -r before Exam- tions in Missouri. 15 to junction U.S. Highway 10, thence R. Sutherland.. N ote: Applicant states that the above re­ over U.S. Highway 10 to Detroit, and 6 1959MC150?69 (Sub No- 211>, Hied May return over the same route, serving all PORT Applicant: REFINERS TRANS- quested authority will be tacked to its present authority. intermediate points except those south 2111wirZ ER5iINAL CORPORATION, of Millington, Mich.; (2) between Bay AuthwS^Iar(l ^ VeriUe« Datroit h Mich. HEARING: July. 14,1959, at 11:00 a.m., City, Mich., and Saginaw, Mich.: from non canipr^h^ to operate as a com- United States standard time (or 11:00 Bay City over U.S. Highway 23 to Sag­ regular v by m°tor vehicle, over ir- a.m., local daylight saving time, if that inaw, and return over the same route, routes, transporting: Liquid time is observed), at the Missouri Public serving all intermediate points; (3) be- 4074 NOTICES

tween Saginaw, Mich., and junction Road to Deford and return over the junction Michigan Highway 19 at Michigan Highways 81 and 53 near Cass same route, serving all intermediate Memphis, and return over the same City, Mich.: from. Saginaw over Michi­ points; (15) between Wilmot, Mich., and route, serving all intermediate points; gan Highway 81 to junction Michigan Cass City, Mich.: from Wilmot over (25) between Armada, Mich., and junc­ Highway 53 near Cass City, and return unnumbered County Road, through tion unnumbered county road (North over the same route, serving all inter­ Deford, Mich., to Cass City, and return Avenue), and U.S. Highway 25 at Mt. mediate points; (4) between Saginaw, over the same route, serving all inter­ Clemens, Mich.: from Armada over un­ Mich., and junction Michigan Highways mediate points; (16) between Hemans, numbered county road (North Avenue), 46 and 15 at Richville, Mich.: from Sag­ Mich., and Caro, Mich.: from Hemans to junction U.S. Highway 25 at Mt. inaw over Michigan Highway 46 to over unnumbered County Road to Caro, Clemens, and return over the same junction Michigan Highway 15 at Rich­ and return over the same route, serving route, serving all intermediate points; ville, and return over the same route, all intermediate points; (17) between (26) between Detroit, Mich., and Willow serving all intermediate points; (5) be­ Caro, Mich., and Kings Mill, Mich.: Run, Mich.: from Detroit over U.S. tween Saginaw, Mich., and junction from Caro over Michigan Highway 24 Highway 112 to Willow Run (also from Michigan Highways 38 and 15 at Vassar, to junction Michigan Highway 38, Detroit over U.S. Highway 12 (the Mich.: from Saginaw over U.S. Highway thence over Michigan Highway 38 to Detroit industrial expressway), to Wil­ 10 to junction Michigan Highway 38, Clifford, Mich., thence over County Road low Run), and return over the same thence over Michigan Highway 38 to to Kings Mill, and return over the same route, serving all intermediate points; junction Michigan Highway 15 at Vassar, route, serving all intermediate points; (27) between Detroit, Mich., and junc­ and return over the same route, serving (18) between junction Michigan High­ tion West Road and Allen Road at all intermediate points; (6) between way 38 and County Road west of Clif­ Trenton, Mich.: from Detroit over Jef­ junction Michigan Highways 83 and 15 ford, Mich., and North Branch, Mich.: ferson Avenue, to junction West Road near Gera, Mich., and junction Michigan from junction Michigan Highway 38 at Trenton, thence over West Road to Highways 83 and 38 at Frankenmuth, and County Road west of Clifford, over junction Allen Road, and return over Mich.: from junction Michigan High­ unnumbered County * Road to North the same route, serving all intermediate ways 83 and 15 near Gera over Michi­ Branch, and return over the same, route, points; (28) between junction U.S. gan Highway 83 to junction Michigan serving all intermediate points; (19) Highway 10 and Michigan Highway 58 Highway 38 at Frankenmuth, and re­ between junction unnumbered County north of Pontiac, Mich., and junction turn over the same route, serving all Road and Michigan Highway 38 at U.S. Highway 10 and Michigan High­ intermediate points; (7) between junc­ Mayville, Mich., and Detroit, Mich.: way 58 south of Pontiac via Michigan tion Millington Road and Michigan from junction unnumbered County Highway 58, serving no intermediate Highway 15 at Millington, Mich., and Road and Michigan Highway 38 at May­ points; (29) between Trenton, Mich., junction Bray Road and Michigan High­ ville, over unnumbered County Road, and junction Michigan Highway 58 and way 38: from junction Millington Road through Fostoria, Mich., to junction U.S. Highway 10 south of Pontiac: from and Michigan Highway 15 at Milling­ Michigan Highway 90, thence over Trenton over West Road to its junction ton over Millington Road to Bray Road, Michigan Highway 90 to junction Michi­ with U.S. Highway 24, thence over U.S. thence over Bray Road to junction gan Highway 19, thence over Michigan Highway 24 to junction with Michigan Michigan Highway 38, and return over Highway 19 to junction U.S. Highway Highway 58 and U.S. Highway 10, serv­ the same route, serving all intermediate 25 near Richmond, Mich., thence over ing no intermediate points; (30) between points; (8) between Richville, Mich., and U.S. Highway 25 to Detroit, and return junction Michigan Highway 24 and junction Michigan Highways 46 and 53: over the same route, serving all inter­ Michigan Highway 59 and the juriction from Richville over Michigan Highway mediate points, and the off-route points of U.S. Highway 25 and Michigan High­ 46 to junction Michigan Highway 53, and of Bodyville, Valley Center and Melvin, way 59 via Michigan Highway 59, serv­ return over the same route, serving all Mich.; (20) between Millington, Mich.* ing no intermediate points; (31) be­ intermediate points except those east and Fostoria, Mich.: from Millington tween junction Michigan Highway 53 of Michigan Highway 24; (9) between over County Road 541 to junction and Michigan Highway 21 and junction Richville, Mich., and junction Van Buren County Road 403, thence over County Michigan Highway 15 and Michigan Road and Michigan Highway 81 near Road 403 to Fostoria, and return over Highway 21, via Michigan Highway 21, Reese, Mich.: from Richville over Van the same route, serving all intermediate serving no intermediate points; (32) Buren Road to junction Michigan High­ points; (21) between New Greenleaf, between Detroit, Mich., and junction way 81 near Reese, and return over the Mich., and Detroit, Mich.: from New U.S. Highway 25 arid Michigan Highway same route, serving all intermediate Greenleaf over unnumbered County 59: from Detroit over Michigan Highway points; (10) between Vassar, Mich., and Road to junction Michigan Highway 97 to junction Michigan Highway 59, junction Vassar Road and Michigan 53, thence over Michigan Highway 53 to thence over Michigan Highway 59 to Highway 81, near Vassar, over Vassar Detroit, and return over the same junction U.S. Highway 25, serving no Road to junction Michigan 81, and re­ route, serving all intermediate points, intermediate points; and (33) serving turn over the same route, serving all except those south of Imlay City, Mich.; off-route points in Warren Township intermediate points; (11) between junc­ (22) between Imlay City, Mich., and and Sterling Township in Macomb tion Leix Road and Michigan Highway junction. Michigan Highways 21 and 19 County, Mich., Troy Township in Oak­ 38 near Mayville, Mich., and . junction at Emmett, Mich.: from Imlay City land County, Mich., the Ford Motor Leix Road and Michigan Highway 46: over Michigan Highway 21 to junction Company plant (Mercury-Edsel-Lincoln from junction Leix Road and Michigan Michigan Highway 19 at Emmett, and Division) near Wixom, Mich., and the Highway 38 near Mayville, over Leix return over the same route, serving all Ford Motor Company plant (Parts and Road, to junction Michigan Highway intermediate points; (23) between Equipment Division) near Rawsonville, 46, and return over the same route, Capac, Mich., and junction unnumbered Mich. serving all intermediate points; (12) be­ county road and U.S. Highway 25 : from N ote : Applicant states it holds a certificate tween Vassar, Mich., and Marlette, Capac over unnumbered county road, from the Michigan Public Service Commis­ Mich.: from Vassar over Michigan High­ through Berville, Armada and New sion authorizing intrastate operations over way 38 to Marlette and return over the Haven, Mich., to junction U.S. Highway regular routes; it also holds a Certificate same route, serving all intermediate 25, and return over the same route, by this Commission in MC 59124 covering a points; (13) between Mayville, Mich., serving all intermediate points; (24) be­ portion of the same routes, and additional and Detroit, Mich.: from Mayville over tween Yale, Mich., and junction Michi­ portions of the intrastate authority have Michigan Highway 24 to junction U.S. been registered with this Commission under gan Highways 136 and 19, at Memphis, the Second Proviso in No. MC 59124 Sub 2. Highway 10, thence over U.S. Highway Mich. : from Yale over county road Applicant states that it seeks to avoid 10 to Detroit, and return over the same through Fargo, Mich., to junction Michi­ further misunderstandings and eliminate route, serving only those intermediate gan Highway 136, thence over Michigan discrepancies by redescribing all of its inter­ points between Mayville and junction Highway 136 through Avoca, Mich., to state authority and that all of its existing Michigan Highways 24 and 90; (14) be­ operations be granted in the form of a Cer­ junction unnumbered county road, tificate of Public Convenience and Neces­ tween Caro, Mich., and Deford, Mich.: thence over unnumbered county road, sity. Applicant further states that if the from Caro over unnumbered County through Ruby and Lamb, Mich., to Certificate herein sought is granted, it is Wednesday, M ay 20, 1959 FEDERAL REGISTER 4075 willing that all previously issued authority cial equipment, from points in the Kan­ Wentworth Avenue, Chicago, 111. Appli­ may be revoked. sas City, Mo.-Kans., Commercial Zone, cant’s attorney: David Axelrod, 39 South HEARING: June 26, 1959, at the Olds as defined by the Commission, to points La Salle Street, Chicago 3, 111. Authority Hotel, Lansing, Mich., before Joint in Iowa. Applicant is authorized to con­ sought to operate as a common carrier, Board No. 76. duct operations in Iowa, Kansas, Mis­ by motor vehicle, over irregular routes, No. MC 59310 (Sub No. 52), filed April souri, Nebraska, and South Dakota. transporting: Chemicals, in bulk, in 27,1959. Applicant: SPROUT & DAVIS, HEARING: July 13, 1959, at the New trailer vehicles, from Kankakee, 111., and INC., 2500 Indianapolis Boulevard, W hit­ Hotel Pickwick, Kansas City, Mo., before points within 10 miles thereof, to points ing, Ind. Applicant’s attorney: Howell Joint Board No. 55. in Minnesota, Indiana, Ohio, Michigan, Ellis, 520 Illinois Building, Indianapolis, No. MC 63562 (Sub No. 35), filed April Wisconsin, Missouri, Kentucky, Iowa, Ind. Authority sought to operate as a 1, 1959. Applicant: NORTHERN PA­ and Kansas. Applicant is authorized to contract or common carrier, by motor ve­ CIFIC TRANSPORT COMPANY, a conduct operations in Alabama, Arkan­ hicle, over irregular routes, transporting: corporation, 176 East Fifth Street, St. sas, Florida, Georgia, Illinois, Indiana, Petroleum products, as described in A p ­ Paul, Minn. Applicant’s attorney: Har­ Iowa, Kansas, Kentucky, Louisiana, pendix X III to report in Descriptions in old K. Bradford, 176 East Fifth Street, Michigan, Minnesota, Mississippi, Mis­ Motor Carrier Certificates, 61 M.C.C. 209, St. Paul, Minn., and Applicant’s repre­ souri, Nebraska, New Jersey, New York, from the Standard Oil Company of In ­ sentative: Lelland M. Cowan, 425 Bur­ North Carolina, South Carolina, Ohio, diana plant site in or hear Elk Grove, lington Avenue, Billings, Mont. Au­ Oklahoma, Pennsylvania, Tennessee, 111., to all points in Wisconsin, and dam­ thority sought to operate as a common Texas, West Virginia, and Wisconsin. aged or rejected shipments of the above- carrier, by motor vehicle, over regular HEARING: June 23, 1959, in Room specified commodities on return. Appli­ and irregular routes, transporting: Reg­ 852, U.S. Custom House, 610 South Canal cant is authorized to conduct contract ular: General commodities, including Street, Chicago, 111., before Examiner carrier operations in Illinois, Indiana, articles of unusual value, commodities in James H. Gaffney. Iowa, Kansas, Kentucky, Michigan, Min­ hulk, and those requiring special equip­ No. MC 67118 (Sub No. 9), filed May nesota, Missouri, Nebraska, Ohio, Okla­ ment, but excluding Class A and B ex­ 6, 1959. Applicant: STRONG MOTOR homa, and Wisconsin. plosives, and household goods as defined LINES, INCORPORATED, P.O. Box 8821, by the Commission, between Gardiner, Note: A proceeding has been instituted un­ Richmond 25, Va. Applicant’s attorney: der section 212(c) of the Interstate Com­ Mont., and Mammoth Hot Springs (Yel­ Dale C. Dillon, 1825 Jefferson Place NW., merce Act to determine whether applicant’s lowstone National P ark ), Wyo., over un­ Washington 6, D.C. Authority sought to status is that of a contract or common car­ numbered National Park Highway, serv­ operate as a contract carrier, by motor rier, assigned Docket No. MC 59310 (Sub No. ing no intermediate points; and irregular vehicle, over irregular routes, transport­ 46). routes: General commodities, including ing: Meats, meat products, and meat by­ HEARING: June 29,1959, in Room 852, articles of unusual value, commodities products, and dairy products, as de­ U.S. Custom House, 610 South Canal in hulk, and those requiring special scribed by the Commission in Descrip­ Street, Chicago, 111., before Joint Board equipment, but excluding Class A and B tions in Motor Carrier Certificates, 61 No. 13. explosives, and household goods as de­ M.C.C. 209, Appendix I thereof, as No. MC 59336 (Sub No. 16), filed April fined by the Commission, between Gar­ amended in 61 M.C.C. 766, from Rich­ 30,1959. Applicant: U.S. TRUCK COM­ diner, Mont., and points in Yellowstone mond, Va., to points in Nm-th Carolina, PANY, INC., 2290 24th Street, Detroit, National Park, Wyo., excluding Mam­ and empty containers or other such inci­ Mich. Applicant’s attorney: Wilber M. moth Hot Springs (Yellowstone National dental facilities (not specified) used in Brucker, Jr., 745 Penobscot Building, De­ Park), Wyo., restricted to truck load transporting the above commodities on troit, Mich. Authority sought to operate shipments only. Applicant is authorized return. Applicant is authorized to con­ as a common carrier, by motor vehicle, to conduct regular and irregular route duct operations in Virginia, North Caro­ over regular routes, transporting: Gen­ operations in Minnesota, Montana, North lina, Pennsylvania, Maryland, New York, eral commodities, except explosives, Dakota, and Washington. and South Carolina. household goods as defined by the Com­ N ote: Applicant states it proposes to N ote: Applicant states that the above mission, commodities in bulk, and those transport the above-specified commodities transportation will be conducted under a requiring special equipment, between in connection with its present authorized continuing contract with Kingan Division, Owosso, Mich., and Ionia, Mich.: froih operations. Hygrade Food Products Corporation. Owosso, over Michigan Highway 21 to HEARING: July 3, 1959, at the Com­ HEARING: June 22, 1959, at the U.S. Ionia, and return over the same route, mercial Club, Billings, Mont., before Court Rooms, Richmond, Va., before serving all intermediate points, and serv­ Joint Board No. 269. Joint Board No. 7. ing the off-route point of Lyons, Mich. No. MC 64932 (Sub No. 255), filed April <■ No. MC 76177 (Sub No. 270), filed April Applicant is authorized to conduct oper­ 30, 1959. Applicant: ROGERS CART­ 10,1959. Applicant: BAGGETT TRANS­ ations in Michigan and Ohio. AGE CO., a corporation, 1934 South PORTATION COMPANY, a corporation, HEARING: June 26, 1659, at the Olds Wentworth Avenue, Chicago, 111. Appli­ 2 South 32d Street, Birmingham, Ala. Hotel, Lansing, Mich., before Joint Board cant’s attorney: David Axelrod, 39 South No. 76. Applicant’s attorney: James W. Wrape, La Salle Street, Chicago 3, 111. Authority 2111 Sterick Building, Memphis, Term. No. MC 61396 (Sub No. 66), filed April sought to operate as a common carrier, Authority sought to operate as a com­ 1959- Applicant: HERMAN BROS., by motor vehicle, over irregular routes, mon carrier, by motor vehicle, over regu­ 4 9,1’ W.O.W. Building, Omaha, Nebr. transporting: Chemicals, in bulk, in lar routes, transporting: General com­ Authority sought to operate as a com­ trailer vehicles, from Kankakee, 111., and modities, except those of unusual value, mon carrier, by motor vehicle, over ir­ points within 10 miles thereof to points Class A and B explosives, household regular routes, transporting: Crude oil in New Jersey and New York. Appli­ goods as defined by the Commission, arid its refined products, in bulk, in spe- cant is authorized to conduct operations commodities in bulk and those requiring ia.1 equipment, between points in Kansas in Alabama, Arkansas, Florida, Georgia, special equipment, between Sylacauga, da points in Missouri. Applicant is au- Illinois, Indiana, Iowa, Kansas, Ken­ Ala., and Phenix City, Ala.: from Syla­ orized to conduct operations in Iowa, tucky, Louisiana, Michigan, Minnesota, cauga over U.S. Highway 280, to Phenix S S a Missouri’ Nebraska, and South Mississippi, Missouri, Nebraska, New City, and return over the same route, Jersey, New York, North Carolina, South serving the intermediate point of Ope­ n S E£S IN G : July 1st, 1959, at the Ne^ Carolina, Ohio, Oklahoma, Pennsylvania, lika, Ala., and the off-route point of Au­ ? ckwick* Kansas City, Mo., befor Tennessee, Texas, West Virginia, and Joint Board No. 36. burn, Ala. Applicant is- authorized to Wisconsin. conduct operations in Alabama, Arkan­ 27N?oiiC 61396 (Sub No- 67) filed APr: HEARING: June 23,1959, in Room 852, sas, Colorado, Connecticut, Delaware, TOnia59;, ApPlicant : HERMAN BROS U.S. Custom House, 610 South Canal the District of Columbia, Florida, Nehr 7“ W:°.W . Building, Omahf Street, Chicago, 111., before Examiner Georgia, Illinois, Indiana, Iowa, Kansas, cnmm Authority sought to operate as James H. Gaffney. Louisiana, Maryland, Massachusetts, irrpjyn?^ carrier, by motor -vehicle, ove No. MC 64932 (Sub No. 256), filed April Michigan, Minnesota, Mississippi, Mis­ anrigif!.ar *outes> transporting: Crude o\ 30, 1959. Applicant: ROGERS CART­ souri, Nebraska, New Hampshire, New refined products, in bulk, in spe AGE CO., a corporation, 1934 South Jersey, New Mexico, New York, North 4076 NOTICES

Carolina, North Dakota, Ohio, Okla­ Oreg., and Kinzua, Oreg.: from Fossil Washington to Olympia, Wash., under homa, Pennsylvania, Rhode Island, over Oregon Highway 19 to junction continuing contract with the Olympia South Carolina, South Dakota, Tennes­ Wheeler County Road, approximately 3 Brewing Company. see, Texas, Utah, Vermont, Virginia, miles south of Fossil, and thence over HEARING: July 10, 1959, at the Fed­ West Virginia, Wisconsin, and Wyoming. Wheeler County Road to Kinzua, and eral Office Building, First and Marion N ote : Applicant is also authorized^ to con­ return over the same route; (2) between Streets, Seattle, Wash., before Joint duct operations as a contract carrier in No. John Day, Oreg., and. Canyon City, Board No. 80. MC 89778 and sub numbers thereunder; a Oreg.: from John Day over U.S. Highway No. MC 97264 (Sub No. 20), filed proceeding has been instituted under section 395 to Canyon City, and return over the April 6, 1959. Applicant: M AND M OIL 212(c) in MC 89778 Sub 69, to determine same route, serving off-route points AND TRANSPORTATION, INC., 6510 whether applicant’s status is that of a com­ within 1 mile of the above-specified route Brighton Road, Commercetown, Colo. mon or contract carrier. (2 ); (3) between Canyon City, Oreg., and Applicant’s attorney: Michael T. Cor­ HEARING: June 25, 1959, at.the Hotel Burns, Oreg.: from Canyon City over coran, 1360 Locust Street, Denver 20, Thomas Jefferson, Birmingham, Ala., be­ U.S. Highway 395 to Burns, and return Colo. Authority sought to operate as a fore Joint Board No. 100. over the same route, serving the inter­ common carrier, by motor vehicle, over No. MC 78632 (Sub No. 106), filed May mediate points of Seneca and Silvies, irregular routes, transporting: Petro­ 1, 1959. Applicant: HOOVER MOTOR Oreg.; (4) between Canyon City, Oreg., leum, in bulk, in tank vehicles, (1) be­ EXPRESS COMPANY, INC., Polk .Ave­ and Izee, Oreg.: from Canyon City over tween points in Colorado on and south nue, Nashville, Tenn. Applicant’s at­ U.S. Highway 395 to junction unnum­ of U.S. Highway 50 and points in New torney: Walter Harwood,. Nashville Trust bered county highway about 15 miles Mexico on and north of a line consisting Building, Nashville 3, Tenn. Authority south of Canyon City, and thence over of U.S. Highway 60 from the Arizona- sought to operate as a common carrier, unnumbered county highway to Izee, and New Mexico State line to the junction „ by motor vehicle, over regular routes, return over the same route, serving all with U.S. Highway 85, thence U.S. High­ transporting: General commodities, ex­ intermediate points; (5) between Prairie way 85 to the junction with U.S. High­ cept those of unusual value, Class A and City, Oreg., and Baker, Oreg.: from way 380, thence U.S. Highway 380 to the B explosives, household goods as defined Prairie City over U.S. Highway 26 to New Mexico-Texas State line; (2) be-' by the Commission, commodities in bulk, junction Oregon Highway 7, and thence tween points in Colorado on and south of • and those requiring special equipment, over Oregon Highway 7 to Baker, and U.S. Highway 50 and points in Utah on between Nashville, Tenn., and Gravel return over, the same route, serving the and south of U.S. Highway 50 and on and Hill, Ind., from Nashville over U.S. intermediate points of Bates and Austin, east of U.S. Highway 91. Applicant is au­ Highway 41 to the junction of U.S. High­ Oreg.; (6) between Mount Vernon, thorized to conduct operations in Wyom­ ways 52 and 41 at or near Gravel Hill, Oreg., and Pendleton, Oreg.: from Mount ing, Colorado, Idaho, North Dakota, and return over the same route, serving Vernon over U.S. Highway 395 to Pen­ South Dakota, Nebraska, and Kansas. no intermediate points, as an alternate dleton, and return over the same route, HEARING: June 22, 1959, at the New route for operating convenience only in serving the intermediate point of Pilot Customs House, Denver, Colo., before connection with applicant’s authorized Rock, Oreg., and those points between Joint Board No. 212. regular route operations between Chi­ Pendleton and Pilot Rock, restricted to No. MC 98349 *(Sub No. 1), filed cago, 111., and Nashville, Tenn., via traffic moving to and from points south April 27,1959. Applicant: JOE C. HUNT, Louisville, Ky. Applicant is authorized of Pilot Rock, and all other intermediate doing business as HUNT TRUCK LINE, -v to conduct operations in Tennessee, points without restriction; and (7) be­ Blanding, Utah. Applicant’s attorney: Georgia, Missouri, Alabama, Illinois, tween Canyon City, Oreg., and The Harry D. Pugsley, 721 Continental Bank i Ohio, Kentucky, and Indiana. Dalles, Oreg.: from Canyon City over Building, Salt Lake City 1, Utah. * Au- ! HEARING: July 1, 1959, at the Dink- U.S. Highway 395 to junction U.S. High­ thority sought to operate as a common ler-Andrew Jackson Hotel, Nashville, way 26, thence over U.S. Highway 26 to carrier, by motor vehicle, over regular Tenn., before Joint Board No. 264, or, if junction Oregon Highway 19, thence over routes, transporting: General commodi­ the Joint Board waives its right to par­ Oregon Highway 19 to junction U.S. ties, except those of unusual value, Class ticipate, before Examiner Isadore Freid- Highway 30, and thence over U.S. High­ A and B explosives, household goods as son. way 30 to The Dalles, and return over the defined by the Commission, commodities No. MC 86419 (Sub No. 6)s filed March same route, serving all points on the in bulk, and those requiring special 24, 1959. Applicant: RAINBOW route, including Canyon City and The equipment, (1) Between Blanding, Utah, ' TRANSPORTATION CO., a corporation, Dalles, but with no local service between and Flagstaff, Ariz.: from Blanding over 304 N Avenue, La Grande, Oreg. Ap­ The Dalles, on the one hand, and, on the Utah Highway 47 to the Utah-Arizona plicant’s attorney: John M. Hickson, other, points west thereof. Applicant is State line, thence continue in a south-, ; * Failing Building, Portland, Oreg. Au­ authorized to conduct operations in erly direction over unnumbered Arizona thority sought to operate as a common Oregon, Washington, and Idaho. Highway to junction U.S. Highway 89; carrier, by motor vehicle, over irregular HEARING: July 1, 1959, on Ground approximately fourteen (14) miles north /1 routes, transporting: Heavy machinery, Floor, Pittock Block, 410 Southwest 10th of Cameron, Ariz., thence over, U.S. contractors’ equipment and supplies, be­ Street, Portland, Oreg., before Joint Highway 89 to Flagstaff, and return over tween points in Union, Malheur, Baker, Board No. 172. the same route, serving all intermediate Harney, Grant, Wallowa, Umatilla, and No. MC 95920 (Sub No. 12), filed points in Arizona, and points within five Crook Counties, Oreg., and points in April 24, 1959. Applicant: SANTRY (5) miles on each side of said highways Idaho. Applicant is authorized to con­ TRUCKING COMPANY, a corporation, between the Utah-Arizona State line and duct operations in Idaho and Oregon. 11552 Southwest Barbur Boulevard, U.S. Highway 89 as off-route points; and HEARING: June 30,1959, at the Idaho Portland, Oreg. . Applicant’s attorney: (2) Between Salt Lake City, Utah and Public Utilities Commission, State House, George R. La Bissoniere, 654 Central Blanding, Utah: from Salt Lake City Boise, Idaho, before Joint Board No. 6. Building, Seattle 4, Wash. Authority over U.S. Highway 91 to Springville, No. MC 93505 (Sub No. 4), filed March sought to operate as a contract carrier, Utah, thence over U.S. Highway 89 to 24, 1959. Applicant: JOHN DAY by motor vehicle, over irregular routes, Thistle, Utah, thence over combined U.S. VALLEY FREIGHT LINES, INC., P.O. transporting: Malt beverages, malt bev­ Highways 6 and 50 to Crescent Junc­ Box 176, John Day, Oreg. Applicant’s erage containers and cartons, bottle tion, Utah, thehce over U.S. Highway 160 attorney: Earle V. White, Fifth Avenue openers, advertising matter, brewers to Monticello, Utah, thence over Utah Building, 2130 Southwest Fifth Avenue, yeast and brewery products moving in­ Highway 47 to Blanding, and return over Portland 1, Oreg. Authority sought to cidentally to the movement of malt bev­ the same route, serving no intermediate operate as a common carrier, by motor erages, from Olympia, Wash., to points in points. vehicle, over regular routes,, transport­ Washington, and empty containers, re­ ing: General commodities, except those jected or spoiled malt beverages, hops N ote ; Applicant conducts operations under of unusual value, Class A and B explo­ the Second Proviso of section 206(a) (1) of in bales, rice, grain, infusorial earth, the Interstate Commerce Act. Applicant sives, uncrated household goods, com­ brewers malt, advertising matter and states he does not seek any duplicating rights modities in bulk and those requiring other brewery ingredients, materials and but desires to convert his registered operat­ special equipment, (1) between Fossil, supplies unspecified, from points in ing authority into regularly certificated rights Wednesday, M ay 20, 1959 FEDERAL REGISTER 4077 because of the proposed extension of opera­ Applicant’s attorney: Franklin S. Lon- Ohio, Pennsylvania, Rhode Island, Ver­ tions across the State line into Arizona. gan, Suite 319 Securities Building, mont, West Virginia, and Wisconsin. HEARING: June 24, 1959, at the Utah Billings, Mont. Authority sought to op­ HEARING: June 26, 1959, at the Offi­ Public Service Commission, Salt Lake erate as a common carrier, by motor ces of the Interstate Commerce Com­ City, Utah, before Joint Board No. 48. vehicle, over irregular routes, transport­ mission, Washington, D.C., before No. MC 101741 (Sub No. 5), filed Feb­ ing: Petroleum and petroleum products, Examiner Alfred B. Hurley. ruary 24, 1959. Applicant: LEO E. in bulk, in tank vehicles, from Billings, No. MC 107376 (Sub No. 8), filed March THOMPSON AND HAROLD J. THOM P­ Mont., and points within 5 miles thereof 30, 1959. Applicant: T E L IS C H A K SON, doing business as THOMPSON & to points in South Dakota on and south TRUCKING, INC., 12300 Farmington SONS TRANSPORTATION COMPANY, of U.S, Highway 212 from its junction Road, Livonia, Mich. Applicant’s at­ 3310 State Street, Boise, Idaho. Appli­ with South Dakota Highway 45 east of torney: William B. Elmer, 1800 Buhl cant’s attorney: William P. Ellis, 1102 Faulkton, in a westerly direction along Building, Detroit 26, Mich. Authority Equitable Building, Portland 4, Oreg^ U.S. Highway 212 to Cedar Canyon, sought to operate as a common carrier, Authority sought to operate as a con- thence in a westerly direction to Castle by motor vehicle, Over irregular routes, tract carrier, by mbtor vehicle, over ir­ Rock, thence in a westerly direction to transporting: Prestressed and rein­ regular routes, transporting: Cement, in the South Dakota-Montana State line, forced concrete beams and slabs and bulk or in sacks, from Lime, Oreg., to and on and east of South Dakota High­ accessories and materials incidental to points in Clearwater, Nez Perce, Lewis, way 45 from its junction with U.S. High­ the installation thereof, from the plant Idaho, Adams, Valley, Washington, way 212 east of Faulkton in a northerly sites of Price Brothers Company, Livonia, Payette, Gem, Boise, Canyon, Elmore, direction to the North Dakota-South Mich., and Brownstown Township, Ada, and Owyhee Counties, Idaho. Ap­ Dakota State line, bisected by a line Wayne County, Mich., to points in Ohio plicant is authorized to conduct opera­ from Leola, S. Dak., to Ashley, N. Dak. and Indiana, and returned and rejected tions in Idaho and Oregon. Applicant is authorized to conduct op­ shipments of supplies and materials in­ HEARING: July 7, 1959, on Ground erations in Montana, North Dakota, cidental to the manufacture of pre­ Floor, Pittock Block, 410 Southwest 10th South Dakota, and Wyoming. stressed and reinforced concrete beams Street, Portland, Oreg., before Joint HEARING: July 3, 1959, at the Com­ and slabs on return. Applicant is au­ Board No. 6. mercial Club, Billings, Mont., before thorized to conduct operations in Illinois, No. MC 103378 (Sub No. 126), filed Joint Board No. 270. Indiana, Kentucky, Michigan, New York, April 29, 1959. Applicant: PETRO­ No. MC 106603 (Sub No. 54), filed Ohio, and Pennsylvania. LEUM CARRIER CORPORATION, 369 May 1, 1959. Applicant: DIRECT HEARING: June 25, 1959, at the Olds Margaret Street, Jacksonville, Fla. Ap­ TRANSIT LINES, INC., 200 Colrain Hotel, Lansing, Mich., before Joint plicant’s attorney: Martin Sack, Atlantic SW., Grand Rapids, Mich. Applicant’s Board No. 9. National Bank Building, Jacksonville 2, attorney: Arthur P. Boynton, 2850 Pen­ No. MC 107496 (Sub No. 132), filed Fla. Authority sought to operate as a obscot Building, Detroit 26, Mich. Au­ April 22, 1959. Applicant: RUAN common carrier, by motor vehicle, over thority sought to operate as a common TRANSPORT CORPORATION, 408 irregular routes, transporting: Turpen­ carrier, by motor vehicle, over irregular Southeast 30th Street, Des Moines, Iowa. tine, in bulk, in tank vehicles, from Ho­ routes, transporting: Fertilizer and fer- Authority sought to operate as a com­ boken and Waycross, Ga., to Savannah, tilezer materials, from points in Berrien mon carrier, by motor vehicle, over ir­ Ga. Applicant is authorized to conduct County, Mich., to points in Indiana on regular routes, transporting: Poly ether operations in Alabama, Florida, Georgia, and north of U.S. Highway 24, and those pre-polymer, in bulk in tank vehicles, North Carolina, South Carolina, and in Illinois on and north of U.S. Highway from Burlington, Iowa to Mishawaka, Tennessee. 24 and on and east of U.S. Highway 51. Indiana. Applicant is authorized to con­ HEARING: June 24, 1959, at 680 West Applicant is authorized to conduct op­ duct operations in Illinois, Iowa, Wis­ Peachtree Street NW., Atlanta, Ga., be­ erations in Michigan, Illinois, Indiana, consin, Minnesota, Nebraska, South Da­ fore Joint Board No. 101. Ohio, Iowa, Missouri,' Wisconsin, Ken­ kota, North Dakota, Kansas, Michigan, No. MC 105265 (Sub No. 42), filed May tucky, and West Virginia. Ohio, Kentucky, Indiana, Colorado, 12, 1959. Applicant: DENVER-AMA­ HEARING: June 30,1959, in Room 852, Oklahoma, Arkansas, Louisiana, Texas, RILLO RED BALL MOTOR FREIGHT, U.S. Custom House, 610 South Canal Missouri, and Pennsylvania. INC., 1210 South Lamar, P.O. Box 3148, Street, Chicago, 111., before Joint Board HEARING: July 7, 1959, at the Fed­ Dallas, Tex. Authority sought to oper­ No. 73. eral Office Building, Fifth and Court Ave­ ate as a common carrier-, by motor ve­ No. MC 106760 (Sub No. 40), filed nues, Des Moines, Iowa, before Joint hicle, over regular routes, transporting: May 4, 1959. Applicant: WHITEHOUSE Board No. 53. Liquid or dry commodities, in collapsible TRUCKING, INC., 2905 Wayne Street, No. MC 107496 (Sub No. 133), filed tanks or bins, or the equivalent thereof, Toledo 9, Ohio. Applicant’s attorney: April 30, 1959. Applicant: RUAN between all points Denver-Amarillo Red Robert W. Loser, 317 Chamber of Com­ TRANSPORT, INC., 408 Southeast 30th Ball Motor Freight, Inc., is presently au­ merce Building, Indianapolis, Ind. Au­ Street, Des Moines, Iowa. Authority thorized to serve in the transportation thority sought to operate as a common sought to operate as a common carrier, of general commodities, as contained in carrier, by motor vehicle, over irregular by motor vehicle, over irregular routes, Certificate No. MC 105265 and sub num­ routes, transporting:. Buildings, com­ transporting: Industrial soybean oil, bers thereunder. Applicant is author­ plete, knocked down or in sections, in­ in bulk, in tank vehicles, from Belmond, ized to conduct operations in Arkansas, cluding all component parts, materials, Iowa, to Kansas City, Mo. Applicant is Colorado, Louisiana, New Mexico, Okla­ supplies and fixtures, and, when shipped authorized to conduct operations in homa, and Texas^ with such buildings, accessories used in Arkansas, Colorado, Illinois, Indiana, the erection, construction and comple­ Iowa, Kansas, Kentucky, Louisiana, Note: Applicant states that It seeks au- nonty by the instant application, if it does tion thereof, (1) between points in Indi­ Michigan, Minnesota, Missouri, Ne­ .. already have authority, to transport both ana and Ohio, on the one hand, and, braska, North Dakota, South Dakota, lqurn and dry commodities throughout its on the other, points in Maryland, New Ohio, Oklahoma, Pennsylvania, Texas, + scoPe operations when such trans- Jersey, Virginia, and the District of and Wisconsin. portation takes place in “sealdtanks” or Columbia. (2) Between points in Penn­ HEARING: July 9, 1959, at the Fed­ sealdbins” marketed by the U.S. Rubber sylvania and New York, on the one hand, eral Office Building, Fifth and Court Ave­ mpany, or other collapsible containers of and, on the other, points in New Jersey. nues, Des Moines, Iowa, before Joint similar nature and design. (3) Between points in Pennsylvania, on Board No. 55. *fI!uARING: June 9> 1959> at the Office; the one hand, and, on the other, points No. MC 107500 (Sub- No. 30), filed JL tnc Interstate Commerce Commission in Delaware, Maryland, North Carolina, April 6, 1959. Applicant: BURLING­ Washington, D.C., before Examiner Allei South Carolina, Virginia, and the Dis­ TON TRUCK LINES, INC., 547 West W. Hagerty. trict of Columbia. Applicant is Jackson Boulevard, Chicago 6, 111. Au­ . N°- MC 105556 (Sub No. 29), filet authorized to conduct operations in Con­ thority sought to operate as a common tS axto?; 1959- Applicant: HOUCi necticut, Illinois, Indiana, Kansas, Ken­ carrier, by motor vehicle, over regular TRANSPORT COMPANY, a Montam tucky, Maine, Massachusetts, Michigan, routes, transporting: General commod­ Poration, Box 559, Glendive, Mont New Hampshire, New Jersey, New York, ities, except those of unusual value, Class No. 98------5 4078 NOTICES

A and B explosives, household goods as grain and commodities requiring special North Dakota, and empty containers or defined by the Commission, commodities equipment, between Weston, Oreg., and other such incidental facilities (not spec­ in bulk, and those requiring special Milton-Freewater, Oreg., over Oregon ified) used in transporting the above equipment, between Roseville, 111., and Highway 11, serving all intermediate commodities on return. Applicant is au­ junction Illinois Highway 116 and U.S. points. Applicant is authorized to con­ thorized to conduct operations in Wis­ Highway 34, about two (2) miles west of duct operations in Oregon and Wash­ consin, Minnesota, Illinois, Iowa, South Biggsville, 111.; from Roseville, west over ington. Dakota, and North Dakota. Illinois Highway 116 to junction with HEARING: July 3, 1959, on Ground HEARING: June 8, 1959, in Room 926, U.S. Highway 34, about two (2) miles Floor, Pittock Block, 410 Southwest 10th Metropolitan Building, Second Avenue, west of Biggsville, 111., and return over Street, Portland, Oreg., before Joint South and Third Street, Minneapolis, the same route, serving no intermediate Board No. 172. Minn., before Examiner A. Lane Cricher. points, as an alternate route for operat­ No. MC 107636 (Sub No. 2), filed April No. MC 108678 (Sub No. 31), filed April ing convenience only, in connection with 6, 1959. Applicant: M. M. CAMPION 27, 1959. Applicant: LIQUID TRANS­ applicant’s authorized ^regular route be­ AND GEORGE KINGSHOTT, doing PO RT CORP., 3901 Madison Avenue, In­ tween St. Louis, Mo., and Burlington, business as C & K TRANSPORT, Box dianapolis, Ind. Applicant’s attorney: Iowa; from St. Louis over U.S. Highway 427, New Buffalo, Mich. Applicant’s at­ William J. Guenther, 1 5 1 1 -1 4 Fletcher 67 to junction U.S. Highway 34, thence torney: K it F. Clardy, Olds Tower, Lan­ Trust Building, Indianapolis, Ind. Au­ over U.S. Highway 34 to Burlington, and sing, Mich. Authority sought to operate thority sought to operate as a common return over the same route. Applicant is as a contract carrier, by motor vehicle, or contract carrier, by motor vehicle, authorized' to conduct operations in over irregular routes, transporting: (1) over irregular routes, transporting: Ani­ Colorado, Nebraska, Illinois, Iowa, Kan­ Fly ash, in bulk, in tank vehicles, or in mal fats, oils and greases, in bulk, in sas, Missouri, and Montana. bags, in quantities of 40,000 pounds or tank vehicles, from Owensboro, Ky., to HEARING: July 6,1959, in Room 852, more, from the sites of the Chicago Edi­ Shelbyville, Term. Applicant is author­ U.S. Customs House, 610 South Canal son Company plants located in the Chi­ ized to conduct operations in California, Street, Chicago, 111., before Joint Board cago, 111., Commercial Zone, as defined Georgia, Illinois, Indiana, Iowa, Ken­ No. 149. by the Commission, and Romeo, HI., to tucky, Louisiana, Michigan, Missouri, No. MC 107500 (Sub No. 33), filed April points in the Lower Peninsula of Michi­ North Carolina, Ohio, Tennessee, West 6, 1959. Applicant: BURLINGTON gan (points south of the Straits of Virginia, and Wisconsin. TRUCK LINES, INC., 547 West Jackson Mackinac), and to points in Lake, Porter, Note: A proceeding has been instituted Boulevard, Chicago 6, 111. Authority La Porte, Saint Joseph, Elkhart, La­ under section 212(c) of the Interstate Com­ sought to operate as a common carrier, grange, and Steuben Counties, Ind.; (2) merce Act to determine whether applicant’s by motor vehicle, over regular routes, Cement, in bulk, in tank vehicles, or in status is that of a contract or common car­ transporting: General commodities, ex­ bags, in quantities of 40,000 pounds or rier in No. MC 108678 Sub 21. cept those of unusual value, Class A and more, from Saint Joseph, Mich., to HEARING: July 3, 1959, at the Ken­ B explosives, household goods as defined points in Indiana and Illinois; and (3) tucky Hotel, Louisville, Ky., before Joint by the Commission, commodities in bulk, -Lime, in bulk, in tank vehicles, or in Board No. 25. and those requiring special equipment, bags, in quantities of 36,000 pounds or No. MC 108678 (Sub No. 35), filed May between Stronghurst, 111., and junction more, from points in Muskegon County, 4, 1959. Applicant: LIQUID ¿TRANS­ Illinois Highway 116 and U.S. Highway Mich., to points in Indiana and Illinois. PO RT CORP., 3901 Madison Avenue, 34, about two (2) miles west of Biggs­ N ote: Applicant states it now holds au­ Indianapolis, Ind. Applicant’s attorney: ville, HI.: from Stronghurst, north over thority to transport cement in a reverse di­ William J. Guenther, 1 5 1 1 -1 4 Fletcher Illinois Highway 94 to junction Illinois rection and this would serve to balance its Trust Building, Indianapolis, Ind. Au­ Highway 116, and thence over Illinois operations. thority sought to operate as a contract Highway 116 to junction with U.S. High­ HEARING: July 1, 1959, in Room 852, or common carrier, by motor vehicle, over way 34 about two (2) miles west of Biggs­ U.S. Custom House, 610 South Canal irregular routes, transporting: Vodka, ville, and return over the same route, Street, Chicago, 111., before Joint Board in bulk, in tank vehicles, from Pekin, serving no intermediate points, as an al­ No. 73. HI., to Detroit, Mich. Applicant is ternate route for operating convenience No. MC 107757 (Sub No. 16), filed authorized to conduct operations in only, in connection with applicant’s au­ March 30, 1959. Applicant:- M. C. California, Georgia, Hlinois, Indiana, thorized regular route between Burling­ SLATER, INC., 1129 Breman Avenue, St. Iowa, Kentucky, Louisiana, Michigan, ton, Iowa, and Stronghurst, 111.: from Louis 7, Mo. Applicant’s representative: Missouri, North Carolina, Ohio Ten­ Burlington over U.S. Highway 34 to A. A. Marshall, 305 Buder Building, St. nessee, West Virginia, and Wisconsin. junction Illinois County Road two (2) Louis 1, Mo. Authority sought to operate N ote: A proceeding has been instituted miles east of Gulfport, 111., thence south as a common carrier, by motor vehicle, under section 212(c) of the Interstate Com­ to junction Illinois Highway 96 at Lomax, over irregular routes, transporting: Iron merce Act to determine whether applicant’s 111., thence east to junction Illinois High­ and steel articles, from Chicago, De Kalb, status is thatpf a contract or common car­ way 94, and thence over Illinois Highway Joliet, and Waukegan, HI., to Lebanon rier, assigned Docket No. MC 108678 (Sub 94 to Stronghurst, and return over the and Springfield, Mo. Applicant is au­ No. 21). same route. Applicant is authorized to thorized to conduct operations in Mis­ HEARING: July 17, 1959, at the U.S. conduct operations in Colorado, Ne­ souri and Illinois. Court Rooms, Indianapolis, Ind., before braska, Illinois, Iowa, Kansas, Missouri, HEARING: July 2, 1959, in Room 852, Joint Board No. 73. and Montana. U.S. Custom House, 610 South Canal No. MC 109719 (Sub No. 1), filed April HEARING: July 6, 1959, in Room 852, Street, Chicago, 111., before Joint Board 13,1959. Applicant: SAM V. SMITH U.S. Custom House, 610 South Canal No. 160. AND ETHEL M. SMITH, a partnership, Street, Chicago, 111., before Joint Board No. MC 108449 (Sub No. 85), filed doing business as SMITH TRANSFER, No. 149. April 27, 1959. Applicant: INDIANHEAD 367 South Main Street, Toledo, Oreg. No. MC 107576 (Sub No. 16), filed TRUCK LINE, INC., 1947 West County Authority sought to operate as a common March 11, 1959. Applicant: SITES Road C, St. Paul 13, Minn. Applicant’s carrier, by motor vehicle, over irregular SILVER WHEEL FREIGHTLINES, INC., attorney: Glenn W. Stephens, 121 West routes, transporting: Heavy machines 1321 Southeast Water Avenue, Portland, Doty Street, Madison 3, Wis. Authority and machinery, between points in Lin­ Oreg. Applicant’s attorney : John M. “'sought to operate as a common carrier, coln County, Oreg., and points in Wash­ Hickson, 1225 Failing Building, Portland by motor vehicle, over irregular routes, ington, ■ and heavy machines and 4, Oreg. Authority sought to operate as a transporting: Bulk commodities, both machinery, boats, and household goods common carrier, by motor vehicle, over liquid and dry, from points in Minnesota as defined by the Commission, between a regular route, -transporting: General to points in the Upper Peninsula of points in Lincoln County, Oreg., and commodities, including Class A and B Michigan, Wisconsin, Iowa, North Da­ points in California. Applicant is au­ explosives, and excluding commodities of kota, South Dakota, and Minnesota, in­ thorized to transport general commodi­ unusual value, household goods as de­ cluding ports of entry on the Inter­ ties, with exceptions, between points in fined by the Commission, commodities in national boundary between the United Lincoln County, Oreg., and. household bulk in tank vehicle other than whole States and Canada in Minnesota and goods as defined by the Commission, be- Wednesday, M ay 20, 1959 FEDERAL REGISTER 4079 tween points in Lincoln County, Oreg., authorized to conduct operations in Illinois, Indiana, Iowa, Kansas, Ken­ on the one hand, and, on the other, Alabama, Arkansas, Delaware, the Dis­ tucky, Louisiana, Maryland, Massachu­ points in Washington. trict of Columbia, Florida, Georgia, Ken­ setts, Michigan, Minnesota, Mississippi, HEARING: July 7, 1959, on Ground tucky, Louisiana, Maryland, Mississippi, Missouri, Nebraska, New Jersey, New Floor, Pittock Block, 410 Southwest 10th Missouri, New Jersey, North Carolina, Mexico, New York, North Carolina, Ohio, Street, Portland, Oreg., before Joint Ohio, Pennsylvania, South Carolina, Oklahoma, Pennsylvania, Rhode Island, Board No. 5. Tennessee, Texas, Virginia, and West South Carolina, South Dakota, Tennes­ No. MC 110353 (Sub No. 10), filed May Virginia. see, Texas, Virginia, West Virginia, Wis­ 7, 1959. Applicant: GARNET O. NEW­ HEARING: June 22, 1959, at the O f­ consin, and the District of Columbia. TON, R.D. No. 6, York, Pa. Applicant’s fices of the Interstate Commerce Com­ HEARING: Remains as assigned July attorney: Christian V. Graf, 11 North mission, Washington, D.C., before 28.1959, at the Baker Hotel, Dallas, Tex., Front Street, Harrisburg, Pa. Authority Examiner Allan F. Borroughs. before Examiner Leo W. Cunningham. sought to operate as a common carrier, No. MC 111159 (Sub No. 84), filed No. MC 112223 (Sub No. 45), filed April by motor vehicle, over irregular routes, April 27, 1959. Applicant: MILLER 30, 1959. Applicant: QUICKIE TRANS­ transporting: Clay, in bags, barrels and TRANSPORTERS, LTD., P.O. Box 1123, PORT COMPANY, 1121 South Seventh bulk, from points in Lancaster County, Highway 80 West, Jackson, Miss. Ap­ Street, Minneapolis 4, Minn. Authority Pa., to points in New York, New Jersey, plicant’s attorney: Phineas Stevens, sought to operate as a common carrier, Delaware, and Maryland. Applicant is Suite 700, P.O. Box 141, Jackson, Miss. by motor vehicle, over irregular routes, authorized to conduct operations in Authority sought to operate as a com­ transporting: Bulk commodities both Delaware, Maryland, New Jersey, New mon carrier, by motor vehicle, over liquid and dry, from points in Minnesota York, Ohio, and Pennsylvania. irregular routes, transporting: Petro­ to points in the Upper Peninsula of Mich­ HEARING: June 30, 1959, at the leum and petroleum products, in bulk, in igan, Wisconsin, Iowa, North Dakota, Offices of the Interstate Commerce tank vehicles, from points in Mississippi South Dakota, Minnesota, including Commission, Washington, D.C., before to points in Choctaw County, Ala. Ports of entry on the International Examiner Leo A. Riegel. Applicant is authorized to conduct op­ Boundary line between the United States No. MC 110525 (Sub No. 388), filed erations in Alabama, Florida, Illinois, and Canada located in Minnesota and May 6, 1959. Applicant: CHEMICAL Kentucky, Louisiana, Mississippi, Mis­ North Dakota, and empty containers or TANK LINES, INC., 520 East Lancaster souri, Ohio, Oklahoma, and Tennessee. other such incidental facilities, used in Avenue, Downingtown, Pa. Applicant’s HEARING: July 1,1959, at the Robert transporting the above-described com­ attorneys: V. Baker Smith and Leonard E. Lee Hotel, Jackson, Miss., before modities, on return. Applicant is au­ A. Jaskiewicz, Munsey Building, Wash­ Joint Board No. 14. thorized to conduct operations in Iowa, ington 4, D.C. Authority sought to No. MC 111302 (Sub No. 20), filed Michigan, Minnesota, North Dakota, and operate as a common carrier, by motor May 4, 1959. Applicant: HIGHWAY Wisconsin. vehicle, over irregular routes, transport­ TRANSPORT, INCORPORATED, P.O. HEARING: June 8, 1959, in Room 926, ing: Liquid chemicals, in bulk, in tank Box 5096, Knoxville 18, Tenn. Appli­ Metropolitan Building, Second Avenue vehicles, (1) between Louisiana and St. cant’s attorney: Leonard A. Jaskiewicz, South and Third Street, Minneapolis, Louis, Mo„ Milwaukee, Wis., and points Munsey Building, Washington 4, D.C. Minn., before Examiner A. Lane Cricher. in Illinois, on the one hand, and, on the Authority sought to operate as a common No. MC 112668 (Sub No. 19) (REPUB­ other, points in Michigan, Indiana, Ohio, carrier, by motor vehicle, over irregular LICATION) , filed October 15, 1958, pub­ and Kentucky; (2) from Louisiana and routes, transporting: Chemicals, in bulk, lished issue of F ederal R egister of March St. Louis, Mo., Milwaukee, Wis., and in tank vehicles, from Knoxville, Tenn., 25.1959. Applicant: HARVEY R. SHIP- points in Illinois to points in Delaware, to points in Alabama, Florida, Georgia, LEY & SONS, INC., Finksburg, Md. Ap­ Maryland, New Jersey, New York, Penn- North Carolina, South Carolina, Virginia, plicant’s representative: Donald E. sylanvia, Virginia, West Virginia, and and West Virginia, and rejected ship­ Freeman. Uniontown Road, Box 24, the District of Columbia; and (3) Re­ ments of the above-specified commodities Westminster, Md. By application filed jected shipments of liquid chemicals on return. Applicant is authorized to October 15, 1958, applicant sought au­ from the above-specified destination conduct operations in Arkansas, Illinois, thority to operate as a common carrier, points to the respective 'origin points. Indiana, Iowa, Kentucky, Louisiana, by motor vehicle, over irregular routes, Applicant is authorized to conduct Michigan, Minnesota, Mississippi, Mis­ transporting: Crushed and ground stone, operations in Alabama, Arkansas, Cali­ souri, Ohio, Oklahoma, Tennessee, Texas, in bulk, in dump vehicles, from Marri- fornia, Connecticut, Delaware, Florida, Virginia, West Virginia, and Wisconsin. ottsville, M d ., to points in Delaware, New Georgia, Illinois, Indiana, Iowa, Kansas, HEARING: July 1, 1959, at the Dink- Jersey, Virginia, and the District of Co­ Kentucky, Louisiana, Maine, Maryland, ler-Andrew Jackson Hotel, Nashville, lumbia, also points in specified counties Massachusetts, Michigan, Minnesota, Tenn., before Examiner Isadore Freidson. in New York and a designated area in Missouri, Nebraska, New Hampshire, No. M C -112020 (Sub No. 62) (COR­ West Virginia, subject to certain re­ New Jersey, New York, North Carolina, RECTION), filed March 12, 1959, pub­ strictions. Hearing was held on April Ohio, Oklahoma, Pennsylvania, Rhode lished in the May 6, 1959 issue of the 28, 1959, at Washington, D.C. At the Island, South Carolina, Tennessee, F ederal R egister. Applicant: COM­ hearing it was developed that through Texas, Vermont, Virginia, West Virginia, MERCIAL OIL TRANSPORT, a corpo­ inadvertence the application failed to in­ Wisconsin, and the District of Columbia. ration, 1030 Stayton Street, Fort Worth, clude points in Pennsylvania as part of Note: Applicant has contract carrier ap­ Tex. Authority sought to operate as a the destination territory. However, no­ plications pending under MC fl7507 and common carrier, by motor vehicle; over tice of the filing of the application was Subs thereunder. Dual authority under irregular routes, transporting: Adhesives, served on the Public Service Commission Section 210 may he involved. in bulk, in specialized equipment, from of Pennsylvania, and the shipper’s veri­ HEARING: June 22, 1959, in Room New Orleans, La., and points in Texas, fied statement in support of the handling 852, U.S. Custom House, 610 South Canal except Texas City, North Seadrift, and of the application without oral hearing, street, Chicago, 111., before Examiner Youens, Tex., and except points in which accompanied the application as Thomas F. Kilroy. Harris, Jefferson, Brazoria, and Nueces originally filed, shows a need for service No. MC 110698 (Sub No. 118), filed Counties, Tex., to points in Alabama, ex -.. to points in Pennsylvania. Under the cept Fox, Ala., Arizona, California, A r­ circumstances, the Examiner permitted t rtL5' 1959* Applicant: RYDER TANK *JNE, in c ., P.O. Box 457, Greensboro, kansas, Colorado, Florida, Georgia, an amendment to include service to , Applicant’s attorney: Frank B. Illinois, Indiana, Iowa, Kansas, Ken­ points in Pennsylvania. The issuance of fran~* Transportation Building, tucky, Louisiana, Mississippi, Missouri, a Certificate will be withheld until after Washington 6, D.C. Authority sought to Montana, Nebraska, Nevada, New Mex­ the lapse of thirty (30) days from the perate as a common carrier, by motor ico, North Carolina, Ohio, Oklahoma, date of this republication in the F ederal , over irregular routes, transport- South Carolina, Tennessee, Texas, Utah, R egister, during which time any person fJ f: Chemicals, in bulk, in tank vehicles, Virginia, and West Virginia. Applicant or persons who may have been preju­ m Greensboro, N.C., to points in is authorized to conduct operations in diced by the allowance of the amend­ assachusetts, Rhode Island, Connecti- Alabama, Arizona, Arkansas, Colorado, ment may file an appropriate petition for w and New Hampshire. Applicant is Connecticut, Delaware, Florida, Georgia, further hearing. 4080 NOTICES

No. MC 112750 (Sub No. 40), filed May 47 to Ingaham County line, and then Boersma, 2850 Penobscot Building, De­ 5, 1959.* Applicant: ARMORED CAR­ bounded by the eastern boundaries of troit 26, Mich. Authority sought to op­ RIER CORPORATION, De Bevoise Ingaham, Jackson and Hillsdale Counties erate as a contract carrier, by motor Building, 222-17 Northern Boulevard, to the Ohio-Michigan State line, thence vehicle, over irregular routés, transport­ Bayside, Long Island, N.Y. Applicant’s west along the Ohio-Michigan State line, ing: Electric ranges and parts thereof, attorney: James K. Knudson, Sundial and the Indiana-Michigan State line to from Delaware, Ohio to Grand Rapids, House, 1821 Jefferson Place NW., Wash­ Lake Michigan. Applicant is authorized Mich., and refused, rejected or damaged ington 6, D.C. Authority sought to op­ to conduct operations in Indiana, Michi­ shipments, on return. Applicant is au­ erate as a contract carrier, by motor gan, and North Carolina. thorized to conduct operations in Illinois, vehicle, over irregular routes, transport­ HEARING: June 24, 1959, at the Olds Indiana, Michigan, and Ohio. ing: Commercial papers, documents and Hotel, Lansing, Mich., before Joint Board N ote: Applicant states a continuing con­ written instruments (except coin, cur­ No. 23. tract with Kelvinator Division, American rency, bullion, and negotiable securities) No. MC 114533 (Sub No. $) (REPUB­ Motors Corporation. LICATION), filed February 17, 1959, as are used in the business of banks and HEARING: June 24, 1959, at the Olds banking institutions, and empty contain­ published issue of March 25, 1959. Ap­ plicant: BANKER’S DISPATCH COR­ Hotel, Lansing, Mich., before Joint Board ers or other such incidental facilities, No. 57. used in transporting the above-described PORATION, 4658 South Kedzie Avenue, No. MC 115276 (Sub No. 2) filed April commodities, between Chicago, 111., on Chicago, 111. Applicant’s attorney: David Axelrod, 39 South La Salle Street, 27, 1959. Applicant: CHARLES O. the one hand, and, on the other, points INGMIRE, INCORPORATED, 54 East in Indiana, on and north of U.S. High­ Chicago 3, 111. Authority sought to oper­ ate as a common carrier, by motor vehi­ Fourth, Emporium, Pa. Authority way 40. Applicant is authorized to con­ sought to operate as a common carrier, duct operations in Connecticut, Dela­ cle, over irregular routes, transporting: Microfilm, commercial papers, docu­ by motor vehicle, over irregular-routes, ware, the District of Columbia, Illinois, transporting: (1) Machinery, equipment, Iowa, Kentucky, Maryland, Massachu­ ments and written instruments (except coins, currency, and negotiable securi­ materials, and supplies used in or in con­ setts, Missouri, New Jersey, New York, nection with, the discovery, development, Ohio, Pennsylvania, Rhode Island, Vir­ ties), as are used in the conduct and operation of banks and banking institu­ production, refining, manufacture, proc­ ginia, and West Virginia. essing, storage, transmission, and , dis­ HEARING: July 3, 1959, in Room 852, tions, (1) between Kansas City and St. Joseph, Mo., on the one hand, and, on tribution of natural gas and petroleum U.S. Custom Hoiise, 610 South Canal and their products and byproducts; and Street, Chicago, 111., before Joint Board the other, points in Otoe, Cass, Sarpy, Douglas, Lancaster, Johnson, and (2) Machinery, equipment, materials, No. 21. and supplies used in, or in connection No. MC 113533 (Sub No. 18), filed Nemaha Counties, Nebr., and points in Kansas. (2) Between Omaha, Nebr., on with, the construction, operation, repair, March 18, 1959. Applicant: WARREN servicing, maintenance, and dismantling P. KURTZ, doing business as LAKE RE­ the one hand, and, on the other, points in Woodbury, Monona, Harrison, Potta­ of pipe lines, including the stringing and FRIGERATED SERVICE, 8901 Tonnelle picking up thereof, except the stringing Avenue, North Bergen, N.J. Applicant's wattamie, Shelby, Audubon, Guthrie, Adair, Dallas, Madison, Warren, and and picking up “of pipe in connection attorney: Wilhelmina Boersma, 2850 with main lines, between points in Vir­ Penobscot Building, Detroit 26, Mich. Polk Counties, Iowa. Applicant is au­ thorized to conduct operations in Illinois, ginia and New York. Authority sought to operate as a com­ HEARING: June 30, 1959, at the Of­ mon carrier by motor vehicle, over ir­ Indiana, Michigan, and Wisconsin. HEARING: Reassigned July 7,1959, at fices of the Interstate Commerce Com­ regular routes, transporting: Frozen mission, Washington, D.C., before Ex­ foods, from points in Camden, Glouces­ the New Hotel Pickwick, Kansas City, Mo., before Examiner James H. Gaffney. aminer Alton R. Smith. ter, Cumberland, and Salem Counties,* No. MC 115491 (Sub No. 15), filed N.J., Baltimore, Md., and Philadelphia, No. MC? 114533 (Sub No. 11) (REPUB­ LICATION), filed April 13, 1959, pub­ April 17, 1959. Applicant: COMMER­ Pa., to points in Virginia, West Virginia, CIAL CARRIER CORPORATION, 502 Kentucky, Tennessee, North Carolina, lished issue of May 6, 1959. Applicant: BANKER’S DISPATCH CORPORA­ East Bridges Avenue, Auburndale, Fla. South Carolina, Mississippi, Alabama, Applicant’s attorney: William P. Toma- Georgia, Florida, Ohio, Michigan, Indi­ TION, 4658 South Kedzie Avenue, Chi­ cago, 111. Applicant’s attorney: David sello, 120 East Davidson Street, P.O. Box ana, Illinois, Wisconsin, Minnesota, Iowa, 216, Bartow, Fla. Authority sought to Nebraska, Missouri, Kansas, North Da­ Axelrod, 39 South La Salle Street, Chi­ cago 3, 111. Authority sought to operate operate as a common carrier, by motor kota, South Dakota, Oklahoma, Arkan­ vehicle, over irregular routes, transport­ sas, Texas, and Louisiana. Applicant is as a common carrier, by motor vehicle, over irregular routes, transporting: ing: Animal and poultry feeds and sup­ authorized to conduct operations in New plements used therefor, from points in York, Ohio, Michigan, Pennsylvania, Commercial papers, documents and writ­ ten instruments (except coins, currency Polk County, Fla., to points in Georgia Connecticut, Rhode Island, Massachu­ on and north of U.S. Highway 80. Ap­ setts, New Jersey, New Hampshire, Indi­ and negotiable securities), as are used in the conduct and operation of banks plicant is authorized to conduct opera­ ana, and Illinois. tions in Alabama, Florida, Georgia, Illi­ HEARING: June 19, 1959, at the Offi­ and banking institutions, between St. Joseph, Mo., on the one hand, and, on nois, Iowa, Kanasas, Minnesota, Mis­ ces of the Interstate Commerce Commis­ souri, Nebraska, North Carolina, Ohio, sion, Washington, D.C., before Examiner the other, points in (1) Richardson, Pawnee, Gage, Jefferson, Thayer, Saline, South Carolina, and Wisconsin. Harold W. Ahgle. HEARING: June 17, 1959, at the U S. No. MC 114227 (Sub No. 7), filed May Seward, Saunders, Butler, Dodge, Wash­ ington, Rock, FumaS, Hitchcock, Clay, Court Rooms, Tampa, Fla., before Joint 4, 1959. Applicant: ALBERT MEEUSEN Board No. 64, or, if the Joint Board AND CLIFFORD RUSSELL, a partner­ Franklin, Fillmore, Hall, Nuckolls, Adams, Redwillow, Webster, and Harlan waives its right to participate, before ship, doing business as A & C CARRIERS, Examiner Richard H. Roberts. 2955 East Laketon Avenue, Muskegon, Counties, Nebr., and (2) Fremont, Page, Montgomery, Mills, Pottawatamie, Tay­ No. MC 115523 (Sub No. 46), filed May Mich. Applicants’ attorney: James F. 4, 1959. Applicant: CLARK TANK Flanagan, 111 West Washington Street, lor, Union, and Ringgold Counties, Iowa. Applicant is authorized to conduct simi­ LINES COMPANY, 1450 Beck Street, Chicago 2, 111. Authority sought to oper­ Salt Lake City 10, Utah. Applicant’s at­ ate as a common carrier, by motor ve­ lar operations in Illinois, Indiana, Michi­ gan, Wisconsin, and Ohio. torney: Bertram S. Silver, 100 Bush hicle, over irregular routes, transporting: Street, San Francisco 4, Calif. Authority Asphalt and asphaltum products, in bulk, HEARING: Remains as assigned July 7,1959, at the New Hotel Pickwick, Kan­ sought to operate as a common carrier, in tank vehicles, from Hammond, Ind., by motor vehicle, over irregular routes, sas City, Mo., before Examiner James H. to points in that part of the Lower transporting: (1) Liquid fertilizers, fer“ Peninsula of Michigan, bounded on the Gaffney. No. MC 114608 (Sub No. 1), filed May tilizer ingredients, and fertilizer solu­ west by Lake Michigan, on the north tions, in bulk, in tank vehicles, and dry starting at Ludington, thence east on 6, 1959. Applicant: FURNITURE CAPI­ U.S. Highway 10 to the intersection with TAL TRUCK LINES INC., 1621 Cen­ fertilizers, fertilizer ingredients, and fer­ Michigan Highway 47 west of Saginaw, tury Avenue Southwest, Grand Rapids, tilizer compounds used in the manufac­ thence on the east by Michigan Highway Mich. Applicant’s attorney: Wilhelmina ture of commercial fertilizers, in bulk and Wednesday, M ay 20, 1959 FEDERAL REGISTER 4081

in bags, from Don, *and Georgetown, New York, New Jersey, Delaware, Mary­ New Orleans, La., before Joint Board Idaho, and points within 10 miles of each land, Virginia, Ohio, West Virginia, and No. 165. to points in Nevada. (2) Dry fertilizers, the District of Columbia, to Lancaster, No. MC 116698 (Sub No. 3), filed March fertilizer ingredients, and fertilizer com­ Pa.; and (c) skids, pallets and contain­ 30, 1959. Applicant: BABCOCK & T.EE pounds used in the manufacture of com­ ers used in the transportation of the FREIGHT LINES, INC., 1002 Third Ave­ mercial fertilizers, in bulk, from Geneva, commodities named in (a) and (b) nue North, Billings, Mont. Applicant’s Garfield, and Salt Lake City, Utah, and above, on return. Applicant is author­ attorney: Franklin S. Longan, Suite 319 points within 10 miles of each, to points ized to conduct operations in Ohio, Del­ Securities Building, Billings, Mont. Au­ in Nevada, and contaminated or rejected aware, Kentucky, Tennessee, Virginia, thority sought to operate as a common shipments, of the above-described com­ Wisconsin, the District of Columbia, Il­ carrier, by motor vehicle, over regular modities in items (1) and (2) above, on linois, Indiana, Maryland, Michigan, routes, transporting: General commodi­ return. Applicant is authorized to con­ Missouri, New Jersey, Pennsylvania, ties, in truck load lots including chro­ duct operations in Arizona, Idaho, Ne­ West Virginia, New York, Connecticut, mium ingots, property of unusual value, vada, Oregon, and Utah. Massachusetts, and Rhode Island. commodities in bulk, and those requiring HEARING: June 25,1959, at the Utah N ote: Applicant states the service pro­ special equipment, but excluding Class Public Service Commission, Salt Lake posed will be restricted to transportation to A and B explosives, and household goods City, Utah, before Joint Board No. 275. be performed under a continuing contract as defined by the Commission, between No. MC 115523 (Sub No. 48), filed May or contracts with The Ohio Boxboard Com­ Absarokee, Mont., and Nye, Mont.: (1) 4, 1959. Applicant: CLARK TANK pany, or its affiliated or successor companies. from Absarokee over unnumbered high­ LINES COMPANY, 1450 Beck Street, Salt HEARING: June 19, 1959, at the O f­ way, via Fishtail and Dean, to Nye and Lake City 10, Utah. Applicant’s attorney: fices of the Interstate Commerce Com­ (2) from Absarokee over unnumbered Bertram S. Silver, 100 Bush Street, San mission, Washington, D.C., before highway, via Beehive, to Nye, and return Francisco 4, Calif. Authority sought to Examiner James I. Carr. over the same routes, serving the inter­ operate as a common carrier, by motor No. MC 116077 (Sub No. 61) (REPUB- mediate points of Fishtail, Dean, and vehicle, over irregular routes, transport­ LICATION), filed December 18, 1958, Beehive, Mont. Applicant is authorized ing: (1) Magnesium chloride solutions, published issue of January 7, 1959. Ap­ to conduct operations in Montana. in bulk, in tank vehicles, from points in plicant: ROBERTSON TANK LINES, N ote: Applicant states management of ap­ Toole and Salt Lake City Counties, Utah, INC:, 5700 Polk Avenue, Houston, Tex. plicant is same as management of Babcock to points in Nevada. (2) Dry coal tar Applicant’s attorney: Thomas E. James, & Leg Petroleum Transporters, Inc., MC products (except fertilizers), in bulk, P.O. Box 858 (Brown Building), Austin 115830, and Babcock & Lee Transportation,- from Geneva, Utah, and points within 10 Inc., MC 115931; therefore, common control 65, Tex. Authority sought to operate as may be involved. miles thereof, to points in Nevada, and a common carrier, by motor vehicle over contaminated or rejected• shipments, of irregular routes, transporting: Clay, clay HEARING: July 6, 1959, at the Com­ the above-described commodities in slurry and clay products (except dry ful­ mercial Club, Billings, Mont., before items (1) and (2) above, on return. Ap­ lers earth), in bulk, in specialized equip­ Joint Board No. 82. plicant is authorized to conduct opera­ ment, from points in Twiggs, Wilkinson, No. MC 117344 (Sub No. 17) (REPUB­ tions in Arizona, Idaho, Nevada, Oregon, Washington, and Decatur Counties, Ga., LIC ATIO N ), filed March 9, 1959, pub­ and Utah. to points in Alabama; Florida, Tennes­ lished issue of April 29,1959. Applicant: HEARING: June 25, 1959, at the Utah see, North Carolina, South Carolina, Vir­ THE MAXWELL CO., a corporation, 2200 Public Service Commission, Salt Lake ginia, and Maryland. Applicant is au­ Glendale-Mfiford Road, Cincinnati 15, City, Utah, before Joint Board No. 241. thorized to conduct operations in Texas, Ohio. Applicant’s attorney: Herbert No. MC 115577 (Sub No. 2), filec Louisiana, Arkansas, Mississippi, Okla­ Baker, 50 West Broad Street, Columbus April 6, 1959. Applicant: SCHWER- homa, New Mexico, Idaho, Oregon, 15, Ohio. Authority sought to operate MAN TRUCKING CO. OF ILL., INC., 62( Washington, Alabama, Kansas, Missouri, as a common carrier, by motor vehicle, South 29th Street, Milwaukee 46, Wis Illinois, Tennessee, Arizona, California, over irregular routes, transporting: Applicant’s attorney: James R. Zipersk: Colorado, Indiana, Iowa, Kentucky, Min­ Coal tar and coal tar products, from (same address as applicant). Authoritj nesota, Nebraska, North Carolina, South points in Butler County, Ohio to Cincin­ sought to operate as a contract carrier Carolina, West Virginia, Wisconsin, nati, Ohio, and points in Kentucky, from by motor vehicle, over irregular routes Georgia, Florida, Ohio, South Dakota, Cincinnati, Ohio, to points in Butler transporting: Petroleum products, as de­ North Dakota, Montana, Wyoming, Colo­ County, Ohio, and empty containers or fined in Description of Motor Carriers rado, and Utah. other such incidental facilities (not spe­ Certificates, 61 M.C.C. 209, in bulk, ir HEARING: June 10, 1959, at 680 West cified) used in transporting the above tank vehicles, from the plant site of the Peachtree Street NW., Atlanta, Ga., be­ commodities on return. Applicant is Standard Oil Company of Indiana lo­ fore Examiner Mack Myers. authorized to conduct operations in Ala­ cated in or near Elk Grove, 111., to al bama, Arkansas, Georgia, Illinois, In ­ N ote: Application originally filed under points in Wisconsin. Applicant is au­ diana, Kentucky, Michigan, Massachu­ thorized to conduct operations in Illinois No Hearing. and Wisconsin. setts, Missouri, New York, New Jersey, No. MC 116387 (Sub No. 28), filed May North Carolina, Ohio, Pennsylvania, rJ!Et?RING: June 29’ 1959> in Room 4, 1959. Applicant: ALABAMA TANK South Carolina, Tennessee, Texas, Vir­ ow, U.S. Custom House, 610 South Canal LINES, INC., P.O. Box 36, Powderly Sta­ ginia, West Virginia, and Wisconsin. w eet, Chicago, 111., before Joint Board tion, Birmingham, Ala. Authority sought to operate as a common carrier, N ote : Dual operations may be involved. No MC 115809 (Sub No. T ), fi] by motor vehicle, over irregular routes, HEARING: Remains as assigned June Applicant: OCO TRAN transporting: Acids and chemicals, ex­ 11, 1959, at the New Post Office Building, PORTATION COMPANY, a corporate cept liquid caustic soda, in bulk, in tank Columbia, Ohio, before Joint Board No. Industrial Street, Rittman, Ohio. A and hopper vehicles, from McIntosh, 37. pucant’s attorney: Francis W. Mclnen Ala., except from the plant site of Geigy No. MC 117425 (Sub No. 7), filed May commonwealth Building, 1625 K Str< Chemical Corp., to points in Louisiana 8, 1959. Applicant: FEDERAL TRUCK­ Washington 6, D.C. Author: and Mississippi; and empty containers or ING COMPANY, Denton Road, Federals- ought to operate as a contract carri other such incidental facilities used in burg, Md. Applicant’s attorney: W il­ trn™ ?°*-vehicle’ over R egular rout transporting the above-described com­ liam J. Augello, Jr., 99 Hudson Street, (a) Paperboard and p modities, on return. Applicant is au­ New York 13, N.Y. Authority sought to Paperboard products, from Lancast thorized to conduct operations in Ala­ operate as a common carrier, by motor Tav ,POmts in New Y°rk. New Je bama, Mississippi, Tennessee, Georgia, vehicle, over irregular routes, transport­ WAki— lr-wa?e’ Maryland, Virginia, Oh Florida, Kentucky, Louisiana, North ing: Frozen foods, from Boyertown, Pa., rv u fL J irginia’ and the District Carolina, South Carolina, Arkansas, and Goldsboro, Md., to points in Arizona, e7iin^la’ (?) . waste Paper and m Ohio, Illinois, Indiana, Missouri, Okla­ California, New Mexico, Oklahoma, and .. y* materials and supplies us homa, Texas, and Virginia. Texas, and returned or rejected ship­ dasarfv, I^ailufacture of the commodit HEARING: June 26, 1959, at the Fed­ ments of frozen foods, and containers, described in (a) above, from points eral Office Building, 600 South Street, on return. 4082 NOTICES

HEARING: June 18, 1959, at the O f­ Road, Crystal Lake, 111. Applicant’s at­ the ground that a bona fide private fices of the Interstate Commerce Com­ torney: Alfred L. Roth, 188 West Ran­ carnage is being performed by St. Joe mission, Washington, D.C., before Ex­ dolph Street, Chicago 1, 111. Authority Paper Company through a lease truck aminer James H. Gaffney. sought to operate as a common carrier, rental agreement with I. W. Duren. No. MC 117475 (Sub No. 5), filed May by motor vehicle, over irregular routes, HEARING: June 19,1959, at the May­ 4, 1959. Applicant: INTERSTATE transporting: Commodities in "bulk, such flower Hotel, Jacksonville, Fla., before TRANSPORT, INC., P.O. Box 502, Sioux as gravel, limestone, sand and slag, as Examiner Richard H. Roberts. Falls, S. Dak. Authority sought to op­ follows: (1) slag, in bulk, from Gary, No. MC 118792, filed March 16, 1959. erate as a common carrier, by motor ve­ Ind., to points in Boone, Cook, Du Page, Applicant: ALF P. OLSON, 115 Whittier, hicle, over irregular routes, transporting: Kane, Lake and McHenry Counties, 111., Idaho Falls, Idaho. Applicant’s attor­ Petroleum and petroleum products, as and points in Kenosha, Milwaukee, Ra­ ney: Blaine S. Butler, Idaho First Na­ described in Appendix X III to the report cine, Walworth, and Waukesha Counties, tional Bank Building, Idaho Falls, Idaho. in Descriptions in Motor Carrier Certifi­ Wis.; (2) gravel, limestone, and sand, Authority sought to operate as a con­ cates, 61 M.C.C. 209, in bulk, in tank ve­ from points in Racine and Waukesha tract carrier, by motor vehicle, over a hicles, from Marshall, Minn., and points Counties, Wis., to points in Boone Du regular route, transporting: Barley, within 10 miles thereof to points in South* Page, Kane, Lake, and McHenry Coun­ pearled, skimmings, malthouse; bran; Dakota. Applicant is authorized to con­ ties, 111.; and (3) gravel and sand, from feed, gluten, grain; flour, grain, malt; duct operations in Iowa, Minnesota, and South Beloit, Wis., to points in Rock grain, roasted, whole, crushed, granu­ Nebraska. County, Wis. lated or ground; grains, spent, dried or HEARING: June 24,1959, in Room 926, HEARING: June 30, 1959, in Room wet; grits, bakers’, brewers’, com; groats; Metropolitan Building, Second Avenue 852, U.S. Custom House, 610 South Canal hominy; hulls; barley, buckwheat, or South and Third Street, Minneapolis, Street, Chicago, 111., before Joint Board oat; mailt; meal, corn, gluten; middlings; Minn., before Joint Board No. 26. No. 17. oat clippings; screenings; shorts; skim­ No. MC 117850 (Sub No. 3), filed No. MC 118660, filed December 18, mings; sprouts, malt; salt; bags and April 10, 1959. Applicant: J. B. KEN­ 1958. Applicant: DON GREENE, doing sacks; milling machinery, and parts NEDY, Route No. 3, Brookfield, Mo. Ap­ business as DON GREENE TRUCKING thereof; feed, animal poultry, prepared, plicant’s attorney: Fred A. Lambert, 802A COMPANY, Box 77, Prago, Oreg. Au­ containing grain, animal products, cal­ East Broadway, Columbia, Mo. Author­ thority sought to operate as a common cium carbonate, fish meal, or milk in­ ity sought to operate as a common car­ carrier, by motor vehicle, over irregular gredients; beet pulp; malt, crushed rier, by motor vehicle over irregular routes, transporting: Frozen berries, .barley; meal, alfalfa, clover, lespedeza, routes, transporting: Salt, from Hutchin­ from Brandon, Oreg., to Centralia and peanut vine, soya bean, sorghum, velvet son, Kans., and points within five (5) Markham, Wash. bean, or chopped alfalfa, meal, pimiento; miles thereof, to points in Missouri north N ote; The subject application was and peanut hulls, ground between Idaho of the Missouri River, except Kansas tendered under section 7 of the Transporta­ Falls, Idaho, and Salt Lake City, Utah, City and St. Joseph Mo., and empty con­ tion Act of 1958. As it was filed after the from the plant site of Midland Elevators tainers or other such incidental facilities statutory date for filing applications under in Idaho Falls, south over U.S. Highway (not specified) used in transporting salt, section 7 of that Act it will be handled as 191 to junction U.S. Highway 30S, thence on return. an application for authority under the ap­ south of U.S. Highway 30S to junction HEARING: July 15, 1959, at the Mis­ plicable provisions of Part II of the Inter­ Utah Highway 83, thence south over souri Public Service Commission, Jef­ state Commerce Act. Utah Highway 83 to junction U.S. High­ ferson City, Mo., before Joint Board No. HEARING: July 8, 1959, on Ground way 91, thence south over U.S. Highway 36. Floor, Pittock Block, 410 Southwest 10th 91 to Salt Lake City, and to the plant site No. MC 118546, filed January 12, Street, Portland, Oreg., before Joint of Salt Lake Flour Mills in Salt Lake 1959. Applicant: E. KYLE ALTIZER, Board No. 45. City, and return over the same route, 11005 Northeast Fargo Street, Portland No. MC 118693- (Sub No. 1), filed April serving no intermediate points. 20, Oreg. Applicant’s attorney: John 27, 1959. Applicant: RUDEENS, INC., HEARING: June 29,1959, at the Idaho M. Hickson, Failing Building, Portland, Star Route, Pocatello, Idaho. Appli­ Public Utilities Commission, State House, Oreg. Authority sought to operate as cant’s attorney: Robert E. Bakes, Twin Boise, Idaho, before Joint Board No. 258. a common carrier, by motor vehicle, over Falls Bank & Trust Building, Twin Falls, No. MC 118804 (Sub No. 1), filed April irregular routes, transporting: New and Idaho. Authority sought to operate as 20, 1959. Applicant: HERMAN GREGG used house trailers, in initial and sec­ a common carrier, by motor vehicle, over AND WALLACE PAGE, doing business as ondary movements, in truckaway service, irregular routes, transporting: Lime, in GREGG & PAGE TRUCK SERVICE, from points in Canyon, Boise, and Pay­ bulk and in containers, from Baker, Blackduck, Minn. Applicant’s attorney: ette Counties, Idaho, to points in Oregon Oreg., and points within 15 miles Lee F. Brooks, First National Bank Build­ and Washington; and between points in thereof, to points in Bannock, Power, ing, Fargo, N. Dak. Authority sought to Oregon and Washington on the one hand, Bonneville, Bingham, Caribou, and Bear operate as a common carrier, by motor and, on the other, points in Canyon, Ada, Lake Counties, Idaho ; and exempt agri­ vehicle, over irregular routes, transport­ and Payette Counties, Idaho. cultural commodities, on return. ing : Superphosphate, in bulk, from Hum- HEARING: ¡July 6, 1959, on Ground HEARING: June 29, 1959, at the bolt, Iowa, to Fergus Falls, Minn., and Floor, Pittock Block, 410 Southwest 10th Idaho Public Utilities Commission, State empty containers or other such inciden­ Street, Portland, Oreg., before Joint House, Boise, Idaho, before Joint Board tal facilities, used in transporting the Board No. 81. No. 6. above-described commodities, on return. No. MC 118597 (Sub No. 1), filed No. MC 118777, filed March 11, 1959. HEARING: June 23, 1959, in Room March 2, 1959. Applicant: ORIS H. Applicant: I. W. DUREN, doing business 926, Metropolitan Building, Second Ave­ MALLER, doing business as MALLER as I. W. DUREN LEASE TRUCKS, 415 nue South and Third Street, Minneapolis, BROS., Route 1, Box 161B, Banks, Oreg. Avenue “ F ” , Port St. Joe, Fla. Appli­ Minn., before Joint Board No. 146. Applicant’s attorney: Earle V. White, cant’s attorney: Cecil G. Costin, Jr., 221 No. MC 118830, filed March 27, 1959. 2130 Southwest Fifth Avenue, Portland Reid.Avenue, Port St. Joe, Fla. Au­ Applicant: M. G. HAUENSTEIN, Route 1, Oreg. Authority sought to operate as thority sought to operate as a contract 4, Box 446, Mount Vernon, Wash. Ap­ a common carrier, by motor vehicle, over carrier, by motor vehicle, over irregular plicant’s attorney: James T. Johnson, irregular routes, transporting: Wooden routes, transporting: Corrugated boxes 1111 Northern Life Tower, Seattle 1, poles and piling, from Vadis and North and m ill supplies, from Port St. Joe, Fla., Wash. Authority sought to operate as a Plains, Oreg., to points in Washington. to points in Georgia, Alabama, Louisi­ common carrier, by motor vehicle, over HEARING: July 8, 1959, on Ground ana, Mississippi, and South Carolina, irregular routes, transporting: Lumber, Floor, Pittock Block, 410 Southwest 10th and chemicals, starch, rope and other from Ports of Entry on the boundary Street, Portland, Oreg., before Joint m ill supplies incidental to the transpor­ between the United States and Canada at Board No. 45. tation of corrugated boxes, from points or near Blaine, Lynden, and Sumas, No. MC 118612 (Sub No. 2), filed in the abo^e-specified destination states Wash., to points in Whatcom, Skagit, May 4,1959. Applicant: TERRA COTTA to Port £$. Joe, Fla. The application is Snohomish, King, Pierce, and Thurston TRUCK SERVICE, INC., Terra Cotta accompanied by a Motion to Dismiss on Counties, Wash. Wednesday, May 20, 1959 FEDERAL REGISTER 4083

HEARING: July 9,1959, at the Federal carrier, by motor vehicle, over irregular HEARING: June 22, 1959, at the Wis­ Office Building, First and Marion Streets, routes, transporting: M alt beverages, consin Public Service Commission, Mad­ Seattle, Wash., before Joint Board No. from Peoria, Hi., to State Center, Iowa, ison, Wis., before Joint Board No. 202, 237. and empty containers or other such in­ No. MC 118925, filed May 7, 1959. Ap­ No. MC 118834, filed March 30, 1959, cidental facilities (not specified) used in plicant: CHARLES A. WOODSON, JR., Applicant: GILES C. PARMAN, doing transporting malt beverages on return. 2000 West Broad Street, Richmond, Va. business as INTERIOR MOTOR HEARING: July 8, 1959, at the Fed­ Applicant’s attorney: John C. Goddin, FREIGHT, P.O. Box 326, Maupin, Oreg. eral Office Building, Fifth and Court State-Planters Bank Building, Richmond Authority sought to operate as a common Avenues, Des Moines, Iowa, before Joint 19, Va. Authority sought to operate as a carrier, by motor vehicle, over regular Board No. 54. common carrier, by motor vehicle, over routes, transporting: General commod­ . No. MC 118903, filed April 27, 1959. irregular routes, transporting: Vegetable ities, except petroleum products, in bulk, Applicant: PIONEER SAND & GRAVEL oils, and refused and damaged shipments in tank vehicles, between The Dalles, CO., INC., South Wisconsin Avenue Ex­ thereof, in bulk, in tank vehicles, between Oreg., and Bend, Oreg., from The Dalles tended, Rice Lake, Wis. Applicant’s at­ points in Mecklenburg County, N.C., on over U.S. Highway 30 to the junction of torney : William A. Cameron, Rice Lake, the one hand, and, on the other, points U.S. Highway 197, thence over U.S. High- Wis. .Authority sought to operate as a in South Carolina and Georgia. , way 197 to the junction of U.S. Highway common carrier, by motor "vehicle, over HEARING: June 23, 1959, at the U.S. 97, thence over U.S. Highway 97 to Btend irregular routes, transporting: ( I f Ce­ Court Rooms, Uptown Post Office Build­ (also from Madras over U.S. Highway ment, in bulk, in tank vehicles, from ing, Raleigh, N.C., before Joint Board 26 to Prineville, thence over U.S. High­ Duluth, Minn., to points ipi Douglas, Bay- No. 130. field, Ashland, Sawyer, Washburn, Dunn, way 126 to Redmond), and return over MOTOR CARRIERS OP PASSENGERS the same routes, serving all intermediate Burnett, Polk, Barron, Rusk, Chippewa, points, and the intermediate or off-route and St. Croix Counties, Wis.; and (2) No. MC 228 (Sub No. 25), filed Febru­ points of Boyd, Friend, Wapinitia, Light-weight concrete aggregate, in bulk, ary 12, 1959. Applicant: -HUDSON Wapinitia Junction, Wamic, Metolius, in tank vehicles, from Hamel and Minne­ TRANSIT LINES, INC., Franklin Turn­ Terrebone, Powell Butte, Dufur, Tygh apolis, Minn., to points in Douglas, Bay- pike, Mahwah, N.J, Applicant’s attor­ Valley, Maupin, and all intermediate or field, Ashland, Sawyer, Washburn, Dunn, ney: Michael J. Marzano, 17 Academy off-route points within one (1) mile of Burnett, Polk, Barron, Rusk, Chippewa, Street, Newark 2, N.J. Authority sought the above specified highways within and St. Croix Counties, Wis. to operate as a common carrier, by motor three (3) miles of all towns served on HEARING: June 23, 1959, in Room vehicle, over regular routes, transport­ such highways. 926, Metropolitan Building, Second Ave­ ing ’ Passengers and their baggagev and HEARING: July 1, 1959, on Ground nue South and Third Street, Minneapolis, express and newspapers, in the same ve­ Floor, Pittock Block, 410 Southwest 10th Minn., before Joint Board No. 142. hicle with passengers, (1) Between Mah­ Street, Portland, Oreg., before Joint No. MC 118911, filed April 30, 1959. wah, N.J., and Ridgewood, N.J., from Board No. 172. Applicant: ST. LOUIS SOLVENTS AND junction New Jersey Highway 17 and No. MC 118839 (Sub No. 1), filed April CHEMICAL COMPANY, a corporation, U.S. Highway 202 in Mahwah over U.S. 8, 1959. Applicant: GEORGE LONG 7882 Folk Avenue, St. Louis 17, Mo. Ap-. Highway 202 to junction Belmont Avenue AND DENNIS LONG, doing business as plicant’s attorney: James F. Miller, 500 in Oakland, N.J., thence over Belmont GEORGE LONG & SON, Lone Rock, Board of Trade, 10th and Wyandotte, Avenue to the Borough of Oakland- Iowa. Applicant’s attorney: Stephen Kansas City 5, Mo. Authority sought to Borough of Franklin Lakes boundary Robinson, 1020 Savings & Loan Building, operate as a contract carrier, by motor line, thence continuing over Franklin Des Moines 9, Iowa. Authority sought to vehicle, over irregular routes, transport­ Avenue to the Wyckoff Township-Bor­ operate as a contract carrier, by motor ing: Dodecylbenzene and Tridecylben- ough of Faldwick boundary line, thence vehicle, over irregular routes, transport­ zene, in bulk, in tank vehicles, from continuing over Wyckoff Avenue in ing: Commercial fertilizer, in bulk and Monsanto, 111., and St. Louis, Mo., to the Waldwick, N. J., to junction North Frank­ in bags, from the plant site of Virginia- plant site of the Colgate-Palmolive Com­ lin Turnpike, thence over North Frank­ Carolina Chemical Corporation near pany in Kansas City, Kans. lin Turnpike (which becomes East Estherville, Iowa, to points in Minnesota HEARING: July 10, 1959, at the New Franklin Turnpike at Sheridan Avenue on and west of U.S. Highway 65 and on Hotel Pickwick, Kansas City, Mo., before in Hohokus, N.J.) to East Franklin Turn­ and south of U.S. Highway 52, and empty Joint Board No. 195. pike in Hohokus, N.J., thence continuing containers or other such incidental No. MC 118924, filed May 6, 1959. Ap­ over East Franklin Turnpike to the facilities (not specified) used in trans­ plicant: BALL MOTOR SERVICE, INC., Borough of- Hohokus-Village of Ridge­ porting the commodities specified in this 227 East Detroit Street, Milwaukee, Wis. wood boundary line, thence continuing application on return. Applicant’s attorney: George D. Young, over Franklin Turnpike to junction New HEARING: July 9,1959, at the Federal 935 Empire Building, Milwaukee 3, Wis. Jersey Highway 17 in Ridgewood, N.J., Office Building, Fifth and Court Avenues, Authority sought to operate as a contract and return over the same route, serving Des Moines, Iowa, before Joint Board carrier, by motor vehicle, over irregular all intermediate points. (2) Between No. 146. routes, transporting: Fresh and proc­ points in Waldwick, N.J., as follows: No. MC 118850, filed April 3, 1959. essed meat, for Godfrey Company of Mil­ from junction Wyckoff Avenue and Applicant: WAYNE LYONS, 1107 South waukee, Wis., from Cedar Rapids, Water­ North Franklin Turnpike in Waldwick, Fourth, Dayton, Wash. Applicant’s at­ loo, Dubuque, and Mason City, Iowa, to over North Franklin Turnpike to junc­ torney: Keith O. Yates, 238 East Main points in that part of Wisconsin begin­ tion East Prospect Avenue, thence over Street, Dayton, Wash. Authority sought ning at the southeast corner of Wiscon­ East Prospect Avenue to junction New to operate as a common carrier, by motor sin, thence northerly along the west Jersey Highway 17 in Waldwick, and re­ vehicle, over irregular routes, transport- shore of Lake Michigan to the northern turn over the same route, serving all ^jUrn^}er> and empty- containers or terminus of Wisconsin Highway 42 in intermediate points. (3) Between points other such incidental facilities used in Door County, thence southerly along the in Oakland, N.J., as follows: from junc­ transporting lumber, between points in west shore of Green Bay to Green Bay, tion U.S. Highway 202 and Belmont Ave­ Columbia and Walla Walla Counties, thence southwesterly along U.S. High­ nue in Oakland over U.S. Highway 202 Wash., and points in Umatilla County, way 41 to Oshkosh, thence westerly along to junction West Oakland Avenue, Oreg. Wisconsin Highway 21 to Sparta, thence thence over West Oakland Avenue to a HEARING: June 26, 1959, at the southwesterly along U.S. Highway 16 to point which is 100 feet from the inter­ Davenport Hotel, Spokane, Wash., be­ La Crosse, thence in a southerly direction section of West Oakland Avenue and U.S. fore Joint Board No. 45. along the east bank of the Mississippi Highway 202, and return over the same No. MC 118902, filed April 27, 1959. River to the southwest corner of Wiscon­ route, serving all intermediate points. Applicant: GARWIN TRUCK LINES, sin, and thence easterly along the south­ Applicant is authorized to conduct op­ ern boundary of Wisconsin to the place erations in New Jersey and New York. C., Garwin, Iowa. Applicant’s repre­ of beginning, and empty containers or HEARING: June 24, 1959, at the Mu­ sentative: William A. Landau, 1307 East other such incidental facilities, used in nicipal Building, Route 2Q2, Ramopo Walnut Street, Des Moines 16, Iowa. transporting the above-described com­ Road, Oakland, N.J., before Joint Board u Aority sought to operate as a common modities, on return. No. 119. 4084 NOTICES

No. MC 228 (Sub No. 26), filed March thence over Prospect Street to the Bor­ coln Tunnel to New York, and return 9, 1959. Applicant: HUDSON TRANSIT ough of Glen Rock-Borough of Fair over the same routes, serving the inter­ LINES, m e, Franklin Turnpike, Mah­ Lawn boundary line, thence over Saddle mediate points of Ridgewood, Hohokus, wah, N.jT Applicant’s attorney: James River Road in Fair Lawn to junction Waldwick, Wyckoff, Franklin Lakes, and F. X. O’Brien, 17 Academy Street, New­ with New Jersey Highway 4, thence over Oakland, N.J. (B) Alternate route be­ ark 2, N.J. Authority sought to operate New Jersey Highway 4 to junction with ginning and ending in Oakland, N.J., as a common carrier, by motor vehicle, New Jersey Highway 17 ramp (which from the junction of U.S. Highway 202 over regular routes, transporting: Pas­ ramp is used by vehicles desiring to travel and Belmont Avenue in Oakland, over sengers and their baggage, and express south on New Jersey Highway 17) in U.S. Highway 202 to junction West Oak­ and newspapers in the same vehicle with Paramus, thence over New Jersey High­ land Avenue; thence over West Oakland passengers, (1) between Ramsey, N.J., way 17 ramp to New Jersey Highway 17 Avenue to a point which is 100 feet from and Paramus, N.J.: from junction New in Paramus, thence returning from junc­ the intersection of West Oakland Ave­ Jersey Highway 17 and North Franklin tion New Jersey Highway 17 and New nue and U.S. Highway 202, and return Turnpike in Ramsey, over North Frank­ Jersey Highway 4 ramp (which ramp is over the same routes, serving no inter­ lin Turnpike to South Franklin Turn­ used by vehicles traveling north on New mediate points. (C) Alternate route pike, thence over South Franklin Turn­ Jersey Highway 17 and desiring to go between Waldwick and Ridgewood, N.J., pike to the Borough of Ramsey-Borough west on New Jersey Highway 4) in from the junction of Wyckoff Avenue of Allendale boundary line, thence con­ Paramus, over New Jersey Highway 4 and North Franklin Turnpike to the tinuing over Franklin Turnpike in ramp to New Jersey Highway 4, thence junction of East Prospect Avenue; thence Allendale to the Borough of Allendale- over New Jersey Highway 4 to junction over East Prospect Avenue to the junc­ Borough of Waldwick boundary line, with Saddle River Road in Fair Lawn, tion of New Jersey Highway 17; thence thence continuing over North Franklin thence continuing from junction New over New Jersey Highway 17 to the Turnpike in Waldwick to the Borough of Jersey Highway 4 and Saddle River Road junction of East Franklin Turnpike, and Waldwick-Borough of Hohokus bound­ in Fair Lawn to junction West Crescent return over the same routes, serving no ary line, thence continuing over North Avenue and Franklin Turnpike in Allen­ intermediate points. II. Passengers and Franklin Turnpike in Hohokus, to East dale, over the before-described route their baggage, and express and news­ Franklin Turnpike, thence continuing between said points, serving all inter­ papers in the same vehicle with passen­ over East Franklin Turnpike to the mediate points. RESTRICTION: No gers, Between Mahwah, N.J., and Mid­ Borough of Hohokus-Village of Ridge­ passenger whose trip ends or begins in land Park, N.J.; serving all intermediate wood boundary line, thence continuing New York City shall be picked up or points, from Mahwah and the junction over East Franklin Turnpike in Ridge­ discharged along the above-described of New Jersey Highway 17 and U.S. High­ wood to its junction with New Jersey route by vehicles operating via the way 202 over the routes described in Highway 17, thence over New Jersey George Washington Bridge. Applicant 1(A) above, including the alternate route Highway 17 to junction with Paramus is authorized to conduct operations in in 1(B) to the junction of Franklin Ave­ Road, thence over Paramus Road to New York and New Jersey. nue in Franklin Lakes; thence over junction with access road to New Jersey N ote : Applicant also manages and controls Franklin Avenue to the junction of God­ Highway 4 in Paramus, thence over ac­ West Fordham Transportation Corp., MC win Avenue in Wyckoff; thence over cess road to New Jersey Highway 4, 116921, and Limousine Rental Service, Inc., Godwin Avenue to junction Paterson thence over New Jersey Highway 4 to MC 115456; therefore, common control may Avenue and Godwin Avenue in Midland junction New Jersey Highway 17 ramp be involved. Park, and return over the same routes, (which ramp is used by vehicles desiring HEARING: June 24, 1959, at the Mu­ serving all intermediate points, m. to travel south on New Jersey Highway nicipal Building, Route 202, Ramopo Amend that portion of applicant’s exist­ 17), thence over New Jersey Highway 17 Road, Oakland, N.J., before Joint Board ing authority in MC 668 (Sub No. 46) ramp to New Jersey Highway 17 in No. 119. which now reads: “Passengers and their Paramus, thence returning from junc­ No. MC 668 (Sub No. 63), filed March 5, baggage, in the same vehicle with pas­ tion New Jersey Highway 17 and New 1959. Applicant: INTER-CITY TRANS­ sengers, between junction Passaic Street Jensey Highway 4 ramp (which ramp PORTATION CO., INC., 730 Madison and New Jersey Highway 17, Rochelle is used by vehicles traveling north on Avenue, Paterson, N.J. Applicant’s rep­ Park, N.J., and junction New Jersey New Jersey Highway 17 and desiring to resentative: Edward F. Bowes, 1060 Highway 17 and Paterson Plank Road, go west on New Jersey Highway 4) in Broad Street, Newark 2, N.J. Authority East Rutherford, N.J., serving no in­ Paramus, N.J., over New Jersey Highway sought to operate as a common carrier, termediate points; from junction Pas­ 4 ramp to New Jersey Highway 4, thence by motor vehicle, over regular routes, saic Street and New Jersey Highway over New Jersey Highway 4 to junction transporting: I. Passengers and their 17 over New Jersey Highway 17 to with access road to Paramus Road in baggage, and express and newspapers in junction Paterson Plank Road, and Paramus, thence over access road to the same vehicle with passengers, (A) return over the same route. RE­ Paramus Road, thence continuing from Between Mahwah, JN.J., and New York, STRICTION : Operation over the above- said point in Paramus to j unctioh' North N.Y., from junction New Jersey High­ specified route shall be limited to the Franklin Turnpike and New Jersey way 17 and U.S. Highway 202 in Mah­ transportation of passengers originat­ Highway 17 in Ramsey, over the before- wah, over U.S. Highway 202 to junction ing at, or destined to points on car­ described route between said points, Belmont Avenue in Oakland; thence over rier’s route west and north of the inter­ serving all intermediate points. RE­ Belmont Avenue to junction Franklin section of Passaic Street and New Jersey STRICTION: No passenger whose trip Avenue in Franklin Lakes; thence over Highway 17 (In Rochelle Park, N.J.) as ends or begins in New York City shall be Franklin Avenue to the junction of follows: (1) Those on Saddle River Road picked up or discharged along the above- Wyckoff Avenue in Wyckoff; thence over and New Jersey Highway 208, in Fair- described route by vehicles operating via Wyckoff Avenue to junction North lawn, N.J., (2) those in Glen Rock and the George Washington Bridge. (2) Be­ Franklin Turnpike in Waldwick; thence Midland Park; N.J., and (3) those in tween Allendale, N.J., and Paramus, over North Franklin Turnpike until it that portion of Ridgewood, N.J., west of N.J.: from junction Franklin Turnpike becomes East Franklin Turnpike in Hope Street and North Maple Avenue, and West Crescent Avenue in Allendale, Hohokus; thence over East Franklin not including North Maple Avenue. over West Crescent Avenue to the Turnpike to the junction of New Jersey Passengers, Between junction south Borough of Allendale-Borough of Wald­ Highway 17 in Ridgewood; thence over Maple Avenue and Rock Road, in Glen wick boundary line, thence over Crescent New Jersey Highway 17 to junction Pat­ Rock, N.J.; and junction New Jersey Avenue in Waldwick to the Borough of erson Plank Road in East Rutherford; Highways 208 and 4, in Fairlawn, N.J.. Waldwick-Borough of Midland Park- thence over Paterson Plank Road to serving all intermediate points: from Township of Wyckoff boundary line, junction Washington Avenue and New junction South Maple Avenue and Rock thence over Prospect Street in Midland Road in Glen Rock over South Maple Park to junction with Godwin Avenue, Jersey Highway 20 at the East Ruther- thence over Godwin Avenue to junction ford-Carlstadt municipal line; thence Avenue to junction New Jersey Highway with Ackerman Avenue in Ridgewood, over New Jersey Highway 20 to junction 208 access road, thence over New Jer­ thence over Ackerman Avenue to junc­ New Jersey Highway 3; thence over sey Highway 208 access road, to junction tion with Prospect Street in Glen Rock, New Jersey Highway 3 through the Lin­ New Jersey Highway 208, and thence Wednesday, M ay 20, 1959 FEDERAL REGISTER 4085 over New Jersey Highway 208 to junc­ Passaic Street in Rochelle Park,, thence cent Avenue near the Allentown-Wald- tion New Jersey Highway 4, in Fairlawn over Passaic Street to junction New Jer­ wick, N.J. boundary line, thence over and return over the same route. The sey Highway 17, thence over New Jersey .Crescent Avenue through Waldwick un­ authority herein authorized to the extent Highway 17 to junction Paterson Plank til it becomes Prospect Street near the it duplicates any heretofore granted to Road in East Rutherford, thence over Waldwick-Midland Park boundary line, said carrier shall not be construed as Paterson Plank Road to junction New thence over Prospect Street through conferring more than one operating Jersey Highway 20 at the boundary of Midland Park to junction Godwin-Ave­ right.”, to read: REGULAR ROUTES: Carlstadt and East Rutherford, thence nue in Midland Park, thence over God­ Passengers and their baggage, in the over New Jersey Highway 26 to New win Avenue to junction Ackerman Ave­ same vehicle with passengers, between Jersey Highway 3, thence over New nue in Ridgewood, thence over Ackerman junction Passaic Street and New Jersey Jersey Highway 3, through the Lincoln Avenue to junction Prospect Street in Highway 17, Rochelle Park, N.J., and Tunnel, to New York, and return over Glen Rock, thence over Prospect Street junction New Jersey Highway 17 and the same routes, serving the intermediate until it becomes Saddle River Road Paterson Plank Road, East Rutherford, points of Ridgewood and Paramus, N.J. in Fairlawn, thence over Saddle River N.J., serving no intermediate points: Applicant is authorized to conduct oper­ Road to junction New Jersey Highway 4 from junction Passaic Street and New ations in New York and New Jersey. in Fairlawn, thence over New Jersey Jersey Highway 17 over New Jersey HEARING: July 6, 1959, at the Muni­ Highway 4 to junction New Jersey High­ Highway 17 to junction Paterson Plank cipal Building, Route 202, Ramopo Road, way 17 ramp in Paramus, thence over Road, and return over the same route, Oakland, N.J., before Joint Board No. 3. New Jersey Highway 17 ramp to junction serving no intermediate points. RE­ No. NC 668 (Sub No. 65), filed March New Jersey Highway 17 in Paramus, STRICTION : Operation over the above- 18, 1959. Applicant: INTER-CITY thence over New Jersey Highway 17 to specified route shall be limited to the TRANSPORTATION CO., INC., 730 junction Paterson Plank Road in East transportation of passengers originating Madison Avenue, Paterson, N.J. Appli­ Rutherford, thence over Paterson Plank at, or destined to points on carrier's route cant's attorney: Edward F. Bowes, 1060 Rpad to junction New Jersey Highway west and north of the intersection of Broad Street, Newark 2, N.J. Authority 20 at the boundary of Carlstadt and East Passaic Street and New Jersey Highway sought to operate as a common carrier, Rutherford, thence over Paterson Plank 17 (In Rochelle Park, N.J.) as follows: by motor Vehicle, over regular routes, Highway 20 to New Jersey Highway 3, (1) Those on Saddle River Road and transporting: Passengers and their bag­ thence over New Jersey Highway 3 New Jersey Highway 208, in Fairlawn, gage, and express and newspapers in the through the Lincoln Tunnel to New N.J., (2) those in Glen Rock, Midland same vehicle with passengers, (1) be­ York, and return over the same routes, Park, Wyckoff, Franklin Lakes, Oakland, tween Ramsey, N.J., and New York, using New Jersey Highway 17 ramp at and Mahwah, N.J., and (3) those in that N .Y.: from junction New Jersey Highway the junction of New Jersey Highways 17 portion of Ridgewood, N.J., west of Hope 17 and North Franklin Turnpike in Ram­ and 4 in Paramus, serving the intermedi­ Street and North Maple Avenue, not in­ sey, over North Franklin Turnpike until ate points of Waldwick, Wyckoff, Mid­ cluding North Maple Avenue. Passen­ it becomes South Franklin Turnpike, land Park, Ridgewood, Glen Rock, Fair­ gers, Between junction South Maple Ave­ near Lake Street in Ramsey, thence over lawn, and Paramus, N.J. Applicant is nue and Rock Road, in Glen Rock, N.J.; South Franklin Turnpike through Ram­ authorized to conduct operations in New and junction New Jersey Highways 208 sey and Allendale until it become Frank­ York and New Jersey. and 4, in Fairlawn, N.J., serving all inter­ lin Turnpike, near West Crescent Avenue HEARING: July 6, 1959, at the Mu­ mediate points: from junction South in Allendale, thence over Franklin Turn­ nicipal Building, Route 202, Ramopo Maple Avenue and Rock Road in Glen pike through Allendale and Waldwick Road, Oakland, N.J., before Joint Board Rock over South Maple Avenue to junc­ until it become North Franklin Turnpike, No. 3. tion New Jersey Highway 208 access near East Prospect Avenue in Waldwick No. MC 1940 (Sub No. 34), filed May road, thence over New Jersey Highway and Hohokus until it becomes East 8, 1959. Applicant: TRAILWAYS OF 208, and thence over New Jersey Highway Franklin Turnpike near the Hohokus- NEW ENGLAND, INC., 400 Trailways 208 to junction New Jersey Highway 4, Ridgewood municipal line, thence over Building, 1200 Eye Street NW., Wash­ in Fairlawn, and return over the same East Franklin Turnpike to junction New ington, D.C. Applicant’s attorney: Wil­ route. The authority herein authorized Jersey Highway 17 in Ridgewood, thence liam A. Roberts, Continental Building, to the extent it duplicates any heretofore over New Jersey Highway 17 to junction 14th at K NW., Washington 5, D.C. granted to said carrier shall not be con­ Paramus Road in Ridgewood, thence Authority sought to operate as a com­ strued as conferring more than one op­ over Paramus Road to junction New mon carrier, by motor vehicle, over reg­ erating right. Jersey Highway 4 access road in Param­ ular routes, transporting: Passengers HEARING: July 6, 1959, at the Mu­ us, thence over New Jersey Highway 4 and their baggage, and express and mail nicipal Building, Route 202, Ramopo access road to junction New Jersey High­ in the same vehicle with passengers, Road, Oakland, N.J., before Joint Board way 4, thence over New Jersey Highway between Boston, Mass., and Berlin, N.H., No. 3. 4 to junction New Jersey Highway 17 from Boston over city streets and the N5. MC 668 (Sub No. 64), filed March ramp in Paramus, thence over New Mystic River Bridge to Chelsea, thence 16, 1959. Applicant: INTER-CITS Jersey Highway 17 to junction New over the Northeast Expressway to junc­ TRANSPORTATION CO., INC., 73( Jersey Highway 17 in Paramus, thence tion Massachusetts Highway C -l in Madison Avenue, Paterson, N.J. Appli- over New Jersey Highway 17 to junction Revere, thence over Massachusetts $25?» representative: Edward F. Bowes Paterson Plank Road in East Rutherford, Highway C-l to junction U.S. Highway 1060 Broad Street, Newark 2, N.J. Au­ thence over Paterson Plank Road to 1 in Saugus Township, thence over U.S. thority sought to operate as a commor, junction New Jersey Highway 20 at the Highway 1 via Lynnfield Township to carrier, by motor vehicle, over regulai boundary of Carlstadt and East Ruther­ junction Interstate Highway 95 in Dan­ routes, transporting: Passengers ant ford, thence over New Jersey Highway vers Towpship, thence (1) over Inter­ eir baggage, and express and news- 20 to New Jersey Highway 3, thence over state Highway 95 via Boxford, George­ in same vehicle with passeng- New Jersey Highway 3 through the Lin­ town, Newburyport and Salisbury vfvW T^een Hohokus, N.J.,-and Nev coln Tunnel to New York, and return Townships, all in Massachusetts, or (2) nno ’ ■' *rom junction Sheridan Ave- over the same routes using the access from junction U.S. Highway 1 and ou! Ardmore Road, Hohokus, ovei ramp or road provided at the junctions Interstate Highway 95 in Danvers Town­ Avenue to junction Franklir of New Jersey Highways 17 and 4 and ship, Mass., over U.S. Highway 1 through ^ Hohokus, thence ovei New Jersey Highway 4 and Paramus Newburyport and Salisbury to junction vrirS * TurnPike to junction North Road in Paramus, serving the intermedi­ of U.S. Highway 1 and unnumbered nBap \ Avenue in Ridgewood, thenc« ate points of Allendale, Waldwick, highway in Salisbury, thence over un­ p r MaPle Avenue to junctior Hohokus,"Ridgewood, and Paramus, N.J.; numbered highway to junction with ui,o7T Av

N.H., to Portsmouth, N.H., thence over N.J., and Hackensack, N.J., from junc­ be cancelled conditioned upon the granting city streets to junction New Hampshire tion Maple Avenue and New Jersey of authority requested above. Highway 16, thence over New Hamp- > Highway 208, Fair Lawn, over New Jer­ HEARING: June 23, 1959, at the New shire Highway 16 via Dover to Rochester, sey Highway 208 to junction New Jersey Customs House, Denver, Colo., before N.H., thence over New Hampshire High­ Highway 4, thence over New Jersey Joint Board No. 126. way 11 to junction unnumbered highway Highway 4 to Hackensack. Return over near Farmington, N.H., thence (1) over the same route. (4) Between Paramus, APPLICATION FOR BROKERAGE LICENSE MOTOR unnumbered highway to Farmington, N.J., and Rutherford, N.J., from junction CARRIER OF PROPERTY thence over unnumbered highway to New Jersey Highways 4 and 17 over New No. MC 12679 (Sub No. 1), filed April junction New Hampshire Highway 11, Jersey Highway 17 to junction New 8, 1959. Applicant: E. F. BUSHMAN, or (2) over New Hampshire Highway 11 Jersey Highway 3. Return over the doing business as SAWYER DRAY LINE, via New Durham and Alton, N.H., to same route. (5) Between Ringwood, 341 North Third Avenue, Sturgeon Bay, Alton Bay, N.H., thence over unnum­ N.J., and Fair Lawn, N.J., from Cupsaw Wis. Applicant’s attorney: Robert R. bered highway to junction New Hamp­ Lake, Ringwood, over Cupsaw Drive and Hendon, Investment Building, Washing­ shire Highway 28, thence over New Cupsaw Avenue, Mohawk Trail, Summit ton 5, D.C. For a license (BMC 4) to Hampshire Highway 28 via East Alton, Road, Lakeview Avenue, Pleasant Ave­ engage in operations as a broker at Stur­ Wolfeboro, Wolfeboro Falls, and Os- nue, Erskine Avenue, Skyline Drive, to geon Bay, Wis., in arranging for the sipee, N.H., to junction New Hampshire Oakland, to West Oakland Avenue, transportation by motor vehicle, in inter­ Highway 16, thence over New Hampshire Raihapo Valley Road (U.S. Highway state or foreign commerce, of General Highway 16 via Center Ossipee, Ossipee 202), Franklin Avenue, Godwin Avenue, commodities, including those of unusual Valley, West Ossipee, Chocurua, Conway, Central Avenue, Greenwood Avenue, value, household goods as defined by the North Conway, Intervale, Glen, Jackson, Central Avenue, Newtown Road, Cedar- Commission, commodities in bulk, and Gorham, and Cascade, N.H., to Berlin, hill Avenue, Wyckoff Avenue, Lafayette those requiring special equipment, but N.H., and return over the same route, Avenue, Diamond Bridge Avenue, Lin­ excluding Class A and B explosives, from serving all intermediate points, includ­ coln Avenue, Harristown Road, New points in Wisconsin to points in the ing service at junctions of the route Jersey Highway 208 to Maple Avenue. United States, including Alaska. specified below with applicant’s other­ Return from Maple Avenue over New HEARING: June 22, 1959, at the Wis­ wise authorized routes in Massachusetts Jersey Highway 208, Harristown Road, consin Public Service Commission, Madi­ and New Hampshire. Applicant is au­ Lincoln Avenue, Glen Rock; Diamond son, Wis., before Joint Board No. 96. thorized to conduct operations in Massa­ Bridge Avenue, Lafayette Avenue, Haw­ chusetts and New Hampshire. thorne^ and thence over the same route. M otor C arrier o f P r o p e r t y HEARING: July 13, 1959, at the New (6) Within Wyckoff, N.J., from junction (PRE-HEARING CONFERENCE) Post Office and Court House Building, Franklin Avenue and Wyckoff Avenue, Wyckoff over Wyckoff Avenue to junc­ THE FOLLOWING APPLICATION IS Boston, Mass., before Joint Board No. 20. ASSIGNED FOR PRE-HEARING CON­ No. MC 3647 (Sub No. 263), filed tion Cedarhill Avenue, Wyckoff. Return over the same route. Serving all inter­ FERENCE: July 1,1959, at the Offices of April 23, 1959. Applicant: PUBLIC the Interstate Commerce Commission, mediate points between Ramsey and SERVICE COORDINATED TRANS­ Washington, D.C., with Examiner B. E. PORT, a corporation, 180 Boyden Ringwood, N.J., on the one hand, and, on the other, junction Maple Avenue Stillwell, presiding. Avenue, Maplewood, N.J. Applicant’s No. MC 117574 (Sub No. 43), filed attorney: Richard Fry ling, General and New Jersey Highway 208 in Fair Lawn, N.J.; and for operating con­ April 9, 1959. Applicant: DAILY EX­ Counsel, Law Department, Public Serv­ PRESS, INC., 65 West North Street, Car­ ice Coordinated Transport (same ad­ venience only between junction Maple Avenue and New Jersey Highway 208, lisle, Pa. Applicant’s attorney: James dress as applicant). Authority sought E. Wilson, Perpetual Building, 1111 E to operate as a common carrier, by Fair Lawn, N.J., and Hackensack or Rutherford, N.J., except for joinder Street NW., Washington 4, D.C. Au­ motor vehicle, over regular routes, trans­ thority sought to operate as a common porting: Passengers and their baggage, purposes. Applicant is authorized to carrier, by motor vehicle, over irregular and express and newspapers in the same conduct operations in New Jersey, New routes, transporting: (1) Articles which, vehicle with passengers, (1) between York, Pennsylvania, Virginia, and the because of size, weight or bulk, require Ramsey, N.J., and Ridgewood, N.J., from District of Columbia. the use of special equipment, (2) Agricul­ Municipal Parking Lot and Bus Terminal HEARING: July 20, 1959, at the Mu­ tural implements and machinery, includ­ over Prospect Street, Spruce Street, East nicipal Building, Route 202, Ramopo ing, but not limited to agricultural im­ Main Street, South Franklin Turnpike, Road, Oakland, N.J., before Joint Board plements and machinery as described in Ramsey; Franklin Turnpike, West No. 119. Appendix XII, Descriptions in Motor Crescent Avenue, Myrtle Avenue, West No. MC 98903 (Sub No. 1), filed Feb­ Allendale Avenue, Franklin Turnpike, ruary 13, 1959. Applicant: COLORADO Carrier Certificates, 61 M.C.C. 209, (3) Allendale; Warwick; North Franklin MOTORWAY, INC., 1805 Broadway, Tractors, tractor attachments, self-pro­ (except Turnpike, Maple Avenue, Hohokus; Denver, Colo. Applicant’s attorney: pelled machinery or machines North Maple Avenue, Franklin Avenue, Henry S. Sherman, 2155 First National truck tractors and automobiles), (4). Oak Street and Van Neste Square to Bank Building, Denver 2, Colo. Author­ Road construction machinery equip­ ment, road construction machinery and Ridgewood Municipal Bus Terminal, ity sought to operate as a common car­ Ridgewood. Return via Dayton Street, rier, by motor vehicle, over regular equipment as described in Appendix VIH, Van Neste Square, and thence over the routes, transporting: Passengers and Descriptions in Motor Carrier Certifi­ same route. (2) Between Ridgewood, - their baggage, and express, in the same cates, 61 M.C.C. 209, (5) Excavating, N.J., and Fair Lawn, N.J., (a) from vehicle with passengers, between Denver, paving and grading equipment and ma­ Ridgewood Municipal Bus Terminal over Colo., and Fort Collins, Colo: (a) from chinery, (6) Crushing, mixing, convey­ Dayton Street, Van Neste Square, East Denver over U.S. Highway 287 to Fort ing, loading, moving, and driving ma­ Ridgewood Avenue, South Maple Ave­ Collins, and return over the same route, chinery and equipment for stone, slag, nue, Ridgewood; Maple Avenue, Glen serving all intermediate points; and (b) asphalt, sand, brick, cement, mineral and Rock; Maple Avenue to New Jersey from Denver over U.S. Highway 87 to other materials, (7) Trailers (except Highway 208, Fair Lawn. Return over j miction County Highway 42 approxi­ those designed for use with passenger the same route, (b) From Ridgewood mately 23 miles north of Denver, thence automobiles and highway freight trail­ Municipal Bus Terminal over Dayton in a westerly direction over County High­ ers), machinery and engines, (8) Con­ Street, Prospect Street, Ridgewood; way 42, via Erie, Colo., to junction U.S. struction equipment and contractors equipment, and (9) Parts, supplies and Prospect Street, and Rock Road to Highway 287, thence north over U.S. accessories for Items (1) through (8) Highway 287 to Fort Collins, and return Maple Avenue, Glen Rock. Return over aboVe, between points in Maine, New Rock Road, Prospect Street, Glen Rock; over the same route, serving all inter­ Hampshire, Vermont, Massachusetts, Prospect Street, East Ridgewood Ave­ mediate points. Connecticut, Rhode Island, New York, nue, antT Van Neste Square to the N ote: Applicant requests that its filing New Jersey, Delaware, Maryland, Vir­ Ridgewood Municipal Bus Terminal, under the second proviso of section 206(a) ( 1 ) ginia, the District of Columbia, Pennsyl­ Ridgewood. (3) Between Fair Lawn, of the Interstate Commerce Act in MC 98903, vania, West Virginia, North Carolina* Wednesday, May 20, 1959 FEDERAL REGISTER 4087

Ohio, Indiana, Illinois, Michigan, Wis­ M. RUARK, doing business as RUARK ately subsequent movement by rail or air. consin, Iowa, Minnesota, Missouri, Ken­ SEAFOOD EXPRESS, South Main Applicant is authorized to conduct tucky, and Kansas. Applicant is author­ Street, Hurlock, Md. Authority sought operations throughout the United States. ized to conduct operations throughout to operate as a common carrier, by motor No. MC 66562 (Sub No. 1496), filed the United States. vehicle, over irregular routes, transport­ May 4, 1959. Applicant: RAILWAY EX­ At the pre-hearing conference it is ing: Frozen fruits, frozen berries and PRESS AGENCY, INCORPORATED, contemplated that the following matters frozen vegetables, from New York, N.Y., Main Office: 219 East 42d Street, New will be discussed: (1) The issues gen­ Baltimore, Salisbury, Cambridge, and York 17, N.Y.; Local Office: 275 East erally with a view to their simplification; Trappe, Md., and Philadelphia, Pa., to Fourth Street, St. Paul 1, Minn. Ap­ (2) The possibility and desirability of Norfolk, Newport News, and Portsmouth, plicant’s representative: R. R. Tul­ agreeing upon special procedure to ex­ Va. loch, Superintendent, Railway Express pedite and control the handling of this N ote: The subject application was ten­ Agency, Incorporated, 104 C Street, application, including the submissiôn of dered under section 7 of the Transportation P.M. & O. Railway Building, St. Paul 1, the supporting and opposing shipper Act of 1958. As it was filed after the statu­ Minn. Authority sought to operate as a testimony by verified statements; (3) tory date for filing applications under sec­ common carrier, by motor vehicle, over a The time and place or places of such tion 7 of that Act, it will be handled as an regular route, transporting: General hearing or hearings as may be agreed application for authority under the appli­ commodities, including Class A and B cable provisions of Part n of the Interstate upon; (4) The number of witnesses to be Commerce Act. explosives, moving in express service, be­ presented and the time required for tween Estherville, Iowa, and Emmets- such presentations by both applicant No. MC 22619 (Sub No. 13), filed May burg, Iowa from Estherville in a souther­ and protestants; (5) The practicability 11, 1959. Applicant: PULLEY FREIGHT ly direction over Iowa Highway 17 to of both applicant and the opposing car­ LINES, INC., 2410 Hubbell Avenue, Des junction Iowa Highway 345 (a distance riers submitting in written form their Moines, Iowa. Applicant’s representa­ of approximately twelve (12) miles), direct testimony with respect to: (a) tive: William A. Landau, 1307 East W al­ thence east over Iowa Highway 345 (ap­ Their present operating authority, (b) nut Street, Des Moines 16, Iowa. Au­ proximately one (1) mile) to Graettin- Their corporate organizations if any, thority sought to operate as a contract ger, Iowa, thence return over said Iowa ownership and control, (c) Their fiscal carrier, by motor vehicle, over irregular Highway 345 to junction Iowa Highway data, (d) Their equipment, terminals, routes, transporting: Meats, and pack­ 17, thence south over Iowa Highway 17 to and other facilities; (6) The practica­ ing house products, as defined by the Emmetsburg, and return over the same bility and desirability of all parties ex­ Commission in Appendix I to the report route, serving the intermediate points of changing exhibits covering the immedi­ in Descriptions in Motor Carrier Certifi­ Wallingford and Graettinger, Iowa. RE­ ately above-listed matters in advance of cates, 61 M.C.C. 209, 272, from Des STRICTIONS: (1) The service to be per­ any hearing; and (7) Any other matters Moines, Iowa, to East Gary and Hobart, formed by said applicant shall be limited by which the hearing can be expedited Ind. Applicant is authorized to conduct to that which is auxiliary to or supple­ or simplified or the Commission’s han­ operations in Iowa, Kansas, Missouri, mental of Railway Express or air service; dling thereof aided. Wisconsin, Nebraska, Minnesota, Illinois, and (2) shipments to be transported by South Dakota, and Indiana. said applicant shall be limited to those Applications i n W h ic h H a n d l in g W i t h ­ moving on a through bill of lading or ex­ out O ral H ear ing I s R e q uested N ote: A proceeding has been instituted under section 2 12 (c) to determine whether, press receipt, covering, in addition to a MOTOR CARRIERS OF PROPERTY applicant’s status is that of a common or motor carrier movement by said ap­ contract carrier in No, MC 22619 (Sub No. 9). No. MC 1658 (Sub No. 44), filed May plicant, an immediately prior or immedi­ 4,1959. Applicant: NORW ALK TRUCK No. MC 6562 (Sub No. 1495), filed ately subsequent movement by rail or LINES DiC. OF DELAWARE, 1091 Man- May 4, 1959. Applicant: RAILWAY air. Applicant is authorized to conduct heim Pike, Lancaster, Pa. Applicant’s EXPRESS AGENCY, INCORPORATED, operations throughout the United States. attorney: William J. Little, 1513 Fidelity Main Office: 219 East 42d Street, New No. MC 109637 (Sub No. 125), filed Building, Baltimore 1, Md. Authority York 17, N.Y.; Local Office: 275 East May 8, 1959. Applicant: SOUTHERN sought to operate as a common carrier, Fourth Street, St. Paul 1, Minn. Ap­ TANK LINES, INC., 4107 Bells Lane, by motor vehicle, over a regular route, plicant’s representative: R. R. Tulloch, Louisville 11, Ky. Authority sought to transporting: General commodities, ex­ Superintendent, Railway Express Agency, operate as a common carrier, by motor cept those of unusual value, Class A and Incorporated, 104 C Street, P.M. & O. vehicle, over irregular routes, transport­ B explosives, livestock, household goods Railway Building, St. Paul 1, Minn. Au­ ing r Transformer oil, in bulk, in tank us defined by the Commission, and those thority sought to operate as a common vehicles, from Paulsboro, N.J., to Louis­ requiring special equipment, between El- carrier, by motor vehicle, over a regular ville, Ky. Applicant is authorized to con­ oura, N.Y., and junction Pennsylvania route, transporting: General commodi­ duct operations in Alabama, Florida, Highway 14 and U.S. Highway 6 (near ties, including Class A and B explosives, Georgia, Illinois, Indiana, Iowa, Ken­ iroy, pa.), from Elmira over New York moving in express service, between Fair- tucky, Louisiana, Michigan, Minnesota, ! Highway 14 to the New York-Pennsyl- mount, N. Dak., and Veblen, S. Dak., Mississippi, Missouri, New York, North vanxa State line, thence over Pennsyl­ from Fairmount in a westerly direction Carolina, Ohio, South Carolina, Tennes­ vania Highway 14 to junction U.S. over North Dakota Highway 11 to junc­ see, Texas, Virginia, West Virginia, and Highway 6, near Troy, and return over tion U.S. Highway 81 (approximately Wisconsin. ine same route, serving no intermediate one-half (% ) mile), thence south over N ote: Applicant is under common control serving junction U.S. High- U.S. Highway 81 to junction South with Alabama Tank Lines, Inc., Docket No. way 6 and Pennsylvania Highway 14 for Dakota Highway 15, thence north over MC 116387. Dual authority under section 210 may be involved. : vnn+of purposes only, as an alternate South Dakota Highway 15 to junction onnrf * r operatiiig convenience only in Roberts County Highway 6 (approxi­ No. MC 11-3779 (Sub No. 95), filed i*SSectlon .with applicant's authorized mately five (5) miles), thence west over May 4, 1959. Applicant: YORK INTER­ ! route operations. Applicant is Roberts County Highway 6 to Veblen STATE TRUCKING, INC., 9020 La Porte ; r k°nf.eti conduct operations in (approximately nine (9) miles), and re­ Expressway, P.O. Box 12385, Houston 17, Delaware, Maryland, Mas­ turn over the same route, serving the in­ Tex. Applicant’s attorney: Dale Wood- sachusetts, New Jersey, New York, Ohio, termediate points of Rosholt, New all, P.O. Box 12385, Houston 17, Tex. [ S Sy!yania’. Rhode Island, Virginia, Effington, and Claire City, S. Dak. RE­ Authority sought to operate as a com­ STRICTIONS: (1) The service to be per­ mon carrier, by motor vehicle, over ir­ I ColvLbTa^1111^ and the District of formed by said applicant shall be limited regular routes, transporting: Ethanol- to that which is auxiliary to, or supple­ amines and glycols, in bulk, in tank I th^^n™Appliiant states that it requests mental of, railway express of air service; vehiples, from Orange, Tex., to points in I tack or authorlty in order to be able to and (2) shipments to be transported by Florida and Indiana. Applicant is au­ I operating *n a service r°ute at a point on an said applicant shall be limited to those thorized to conduct operations in Ala­ with nro!L c° nvenieiice route. Duplication present authority to be eliminated. moving on a through bill of lading or ex­ bama, Arizona, Arkansas, California, press receipt, covering, in addition .to a Colorado, Delaware, Florida, Georgia, cemhn^o 16448 (Sub No- filed De- motor carrier movement by said appli­ Illinois, Indiana, Iowa, Kansas, Ken­ l ber 12, 1958. Applicant: WALLACE cant, an immediately prior or immedi­ tucky, Louisiana, Maryland, Michigan, 4088 NOTICES

Minnesota, Mississippi, Missouri, Ne­ tucky, Michigan, Missouri, Ohio, Perin- ate as a common carrier, by motor braska, Nevada, New Mexico, New York, sylvania, and Wisconsin. vehicle, over irregular routes, transport­ North Carolina, Ohio, Oklahoma, Penn­ No. MC 116987 (Sub No. 8), filed May ing: Bananas, and fresh fruit, fresh ber­ sylvania, South Carolina, South Dakota, 6, 1959. Applicant: ROBERT H. CARR ries, and fresh vegetables, from Boston, Tennessee, Texas, Utah, Virginia, West AND SONS, INC., R.D. No. 2, Malvern, Mass., to ports of entry on the Interna­ Virginia, Wisconsin, and Wyoming. Pa. Applicant’s attorney: Paul F. Sul­ tional Boundary line between the United No. MC 113865 (Sub No. 6), filed May livan, Sundial House, 1821 Jefferson States and Canada at or near Calais and 1, 1959. Applicant: ROBERT H. Place, N.W., Washington 6, D.C. Author­ Bar Harbor, Maine, destined to points in LEESER AND SYLBER RAY STAUF­ ity sought to operate as a common car­ Canada, and exempt commodities on FER, a partnership, doing business as rier, by motor vehicle, over irregular return. LEESER & STAUFFER TRUCK SERV­ routes, transporting: Liquid and invert MOTOR CARRIERS OP PASSENGERS ICE, Taylor, Mo. Applicant’s attorney: sugar, in bulk, in tank vehicles from Mack Stephenson, 208 East Adams Philadelphia, Pa., to points in Michigan. No. M C 2890 (Sub No. 35) , filed May Street, Springfield, 111. Authority sought Applicant is authorized to conduct op­ 4, 1959. Applicant: AMERICAN BUS­ to operate as a contract carrier, by motor erations in Illinois, Indiana, Michigan, LINES, INC., 1341 P Street, Lincoln 8, vehicle, over irregular routes, transport­ New Jersey, New York, Ohio, Virginia, Nebr. Applicant’s attorney: Curry and ing: Animal and poultry feeds, animal and West Virginia. Dolan, Southern Building, Washington, and poultry mineral mixtures, animal No. MC 118562 (Sub No. 2), filed April D.C. Authority sought to operate as a and poultry tonics and medicines, dry 22,1959. Applicant: JOSEPH E. MILLS, common carrier, by motor vehicle, over earth paint, insecticides, and premiums P.O. Box 125, Broadway, Va. Authority regular routes, transporting: Passengers and advertising matter relating to such sought to operate as a common carrier, and their baggage, and express and products, from the plant site of Moor­ by motor vehicle, over irregular routes, newspapers in the same vehicle with man Manufacturing Company, Quincy, transporting: Crushed stone and sand, passengers, between junction of old U.S. 111., to points in Kansas. Applicant is in dump trucks, from quarries located Highway 80 (now unnumbered highway) authorized to conduct operations approximately one mile from Harrison­ and new U.S. Highway 80, approximately throughout the United States, except burg, Va., on U.S. Highway 33 to points 3 miles west of Buckeye, Ariz. (“Buck­ in Pendleton County, W. Va. eye Junction”), and junction old U.S. No. MC 114897 (Sub No. 17), filed May No. MC 118564 (Sub No. 2), filed Highway 80 (now an unnumbered high­ 7, 1959. Applicant: WHITFIELD TANK April 22, 1959. Applicant: SOLOMON way) and new U.S. Highway 80, approxi­ LINES, INC., 240 West Amador Street, E. PUFFENBERGER, Route No. 2, mately one mile east of Gila Bend, Ariz. Las Cruces, N. Mex. Applicant’s repre­ Bridgewater, Va. Authority sought to (“Gila Bend Junction” ), over new U.S. sentative: J. P. Rose, Whitfield Tank operate as a common carrier, by motor Highway 80, serving all intermediate Lines, Inc., P.O. Box 5345, El Paso, Tex. vehicle, over irregular routes, transport­ points. Applicant is authorized to con­ Authority sought to operate as a com­ ing: Crushed stone and sand, in dump duct operations in New York, New Jer­ mon carrier, by motor vehicle, over ir­ trucks, from quarries located approxi­ sey, Pennsylvania, Maryland, the Dis­ regular routes, transporting: Liquefied mately one mile from Harrisonburg, Va., trict of Columbia, Ohio, Michigan, petroleum wax, in bulk, in insulated on U.S. Highway 33 to points in Pendle­ Colorado, Oklahoma, Texas, Utah, Iowa, steel tank vehicles, from the plant site of ton County, W. Va. Montana, South Dakota, Wyoming, New Standard Oil Co. of California at Rich­ No. MC 118565 (Sub No. 2), filed Mexico, Arizona, Nevada, and California. mond, Calif., to Albuquerque and Ros­ April 22, 1959. Applicant: LEE F. NES- N ote : Applicant states that if the above well, N. Mex., and El Paso, Lubbock, SELRODT, Linville, Va. Authority authority is granted, it proposes, and re­ Odessa, and Midland, Tex., and rejected sought to operate as a common carrier, quests authority, to abandon its route over or contaminated shipments of the above- by motor vehicle, over irregular routes, old U.S. Highway 80 (now an unnumbered transporting: Crushed stone and sand, highway) between Buckeye Junction and specified commodities on return. Ap­ Gila Bend Junction. plicant states the proposed service is in dump trucks, from quarries located restricted to delivery to consignees not approximately one mile from Harrison­ No. MC 3647 (Sub No. 264), filed April located on rail sidings and those which burg, Va., on U.S. Highway 33 to points 27, 1959. Applicant: PUBLIC SERVICE cannot accept carload shipments. Ap­ in Pendleton County, W. Va. COORDINATED TRANSPORT, a cor­ plicant is authorized to conduct opera­ No. MC 118566 (Sub No. 2), filed April poration, 180 Boyden Avenue, Maple­ tions in Arizona, Colorado, Nevada, New 22, 1959. Applicant: O. GENE NESSEL- wood, N.J. Applicant’s attorney: Mexico, Texas, ancf Utah. RODT, Broadway, Va. Authority sought Richard Fryling, Law Department (same No. MC 115162 (Sub No. 48), filed May to operate as. a common carrier, by motor address as applicant). Authority sought 6, 1959. Applicant: WALTER POOLE, vehicle, over irregular routes, transport­ to operate as a common carrier, by motor doing business as POOLE TRUCK LINE, ing: Crushed stone and sand, in dump vehicle, over irregular routes, transport­ Evergreen, Ala. Applicant’s attorney: trucks, from quarries located in Harri­ ing: Passengers and their baggage, in Hugh R. Williams, 2284 West Fairview sonburg, Va., and points within one (1) the same vehicle with passengers, in Avenue, Montgomery 2, Ala. Authority mile thereof, to points in Pendleton special operations, in round-trip sight­ sought to operate as a common carrier, County, W. Va. seeing or pleasure tours, beginning and by motor vehicle, over irregular routes, No. MC 118916, filed May 4,1959. Ap­ ending at points in Burlington, Camden, transporting: Insulated siding, from plicant: LEONARD POWELL, 520 South Cumberland, Gloucester, and Salem South Kearny, N.J., to points in Es­ Ella, Sandpoint, Idaho. Authority Counties, N.J., and extending to points cambia County, Fla. Applicant is au­ sought to operate as a common carrier, in West Virginia, North Carolina, South thorized to conduct operations through­ by motor vehicle, over a regular route, Carolina, Georgia, Florida, Alabama, out the United States. transporting: Bread, milk and ice cream, Mississippi, Louisiana, Tennessee, Ken­ No. MC 115179 (Sub No. 7), filed May from Sandpoint, Idaho, over U.S. High­ tucky, and Ohio. Applicant is author* 8, 1959. Applicant: GLACKEN TRANS­ way 2 to Libby, Mont., and empty bread ized to conduct operations in Connecti­ PORTATION, INC., 625 East Pershing cartons, and empty milk and ice cream cut, Delaware, Maine, Maryland, Road, Decatur, 111. Applicant’s attor­ cases on return over the same route, Massachusetts, New Hampshire, New ney: Robert C. Smith, 512 Illinois Build­ serving the intermediate points of Moyie Jersey, New York, Pennsylvania, Rhode ing, Indianapolis 4, Ind. Authority Springs, Idaho, and Troy, Mont. Island, Vermont, Virginia, and the Dis­ sought to operate as a common carrier, trict of Columbia. - N ote: Applicant indicates the milk and ice No. MC 59155 (Sub No. 24), filed May by motor vehicle, over irregular routes, cream is purchased by him and hauled to 11, 1959. Applicant: REYNOLD» transporting: Resin plasticizer (not of Montana for resale. TRANSPORTATION COMPANY, a West petroleum base), in bulk, in tank ve­ No. MC 118918, filed May 4,1959. Ap­ Virginia corporation, 30 North Kanawha hicles, from Decatur, 111., to Institute, plicant: SYDNEY BURNS MacLEAN, Street, Buckhannon, W. Va. Authority W. Va., and Tuscumbia, Ala., and dam­ Acadia Avenue, Westville, Nova Scotia, sought to operate as a common carrm> aged or rejected shipments, on return. Canada. Applicant’s attorney: Ken­ by motor vehicle, over regular rottKjM Applicant is authorized to conduct oper­ neth B. Williams, 111 State Street, Bos­ transporting: Passengers and their oa9‘ ations in Illinois, Indiana, Iowa, Ken­ ton 9; Mass. Authority sought to oper­ age, and express, newspapers and mo Wednesday, May 20, 1959 FEDERAL REGISTER 4089

in the same vehicle with passengers, be­ rough, and carved granite, grain, animal R egister on page 2553, temporary au­ tween Clarksburg, W. Va., and Philippi, feeds, poultry feed, lumber, tobacco, in thority was granted on April 25, 1956. W. Va., from Clarksburg over U.S. High­ sheets or baskets, fertilizer, agricultural THE ADLEY EXPRESS COMPANY is way 50 to the junction of West Virginia limestone, agricultural commodities, acid, authorized to operate as a common car­ Highway 77, thence over West Virginia paint, lacquer, varnish, denatured alco­ rier in Massachusetts, Connecticut, New Highway 77 to the junction of U.S. High­ hol, materials used in increasing, reduc­ York, Rhode Island, New Jersey, Penn­ way 250, thence over U.S. Highway 250 ing, removing or thinning paint, lacquer, sylvania, Delaware, Maryland, Virginia, to Philippi, and return over the same and varnish, -electric refrigerators, bi­ Georgia, West Virginia, North Carolina, route, serving all intermediate points, cycles, petroleum products in containers, Florida, Ohio, and the District of Colum­ including Flemington. Applicant is toys, rugs, small arms ammunition, ap­ bia. Application has been filed for tem­ authorized to conduct operations in ple,butter, vinegar, barrels, canned goods, porary authority under section 210a(b). Maryland, Virginia, and West Virginia. air conditioning supplies, equipment and No. MC-F 7193. Authority sought for tools, and upholstering, from, to or be­ Applications U nder S ection 5 and control by SAMUEL BONCARO, Box 489, 210a(b) tween points and areas, varying with the Geneva, N.Y., of PURDIE EXPRESS commodity transported, in Virginia, LINES, INC., Stanley, N.Y. Applicant’s The following applications are gov­ North Carolina, Maryland, Pennsylvania, attorney* Bert Collins, 140 Cedar Street, erned by the Interstate Commerce Com­ Delaware, the District of Columbia, Ohio, New York 6, N.Y. Operating rights mission’s special rules governing notice Indiana, Illinois, West Virginia, South sought to be controlled: Operations of filing of applications by motor carrier Carolina, Tennessee, Georgia, Alabama, under the Second Proviso of section 206 of property or passengers under section New York, Connecticut, Massachusetts, (a) (1) of the Interstate Commerce Act 5(a) and 210a(b) of the Interstate Com­ Rhode Island, Mississippi, and Michigan. covering the transportation, as a com­ merce Act and certain other procedural Vendee is authorized to operate as a mon carrier in the State of New York, matters with respect thereto (49 CFR common carrier in North Carolina, Vir­ of general commodities, over regular 1.240). ginia, West Virginia, Ohio, Pennsylvania, routes; between specified points, and

MOTOR CARRIERS OP PROPERTY Maryland, South Carolina, and Georgia. common salt and medicated livestock Application has not been filed for tem­ salti over irregular routes, between speci­ No. MC-P 7114, VAN STONE—PUR­ porary authority under section 210a(b). fied* points. These operating rights are CHASE (PORTION) —FERGUSON No. M C-F 7192. Authority sought for more specifically described in Docket No. TRUCKING CO., INC., published in the control by THE ADLEY EXPRESS MC 120157. SAMUEL BONCARO holds March 4,1959, issue of the F ederal R eg­ COMPANY, 216 Crown Street, New no authority from this Commission. ister on page 1624. Second application Haven 10, Conn., of McFADDIN EX­ However, he controls HOWARD’S EX­ filed May 13, 1959, for temporary au­ PRESS, INCORPORATED, Magee Ave­ PRESS, INC., East North Street, Geneva, thority under section 210a(b). nue, Stamford, Conn., and for acquisi­ N.Y., which is authorized to operate as No. MC-P 7115, C & H TRANSPOR­ tion by M. L. ADLEY, DANIEL J. ADLEY a common carrier in New York. Appli­ TATION CO., INC.— PURCHASE (POR­ and RALPH J. ADLEY, all of Hew cation has been filed for temporary au­ TION)—FERGUSON TRUCKING CO., Haven, of control of McFADDIN EX­ thority under section 210a(b). INC., published in the March 4, 1959, is­ PRESS, INCORPORATED, through the No. M C-F 7194. Authority sought for sue of the F ederal R egister on page acquisition by THE ADLEY EXPRESS control by LEASE PLAN INTERNA­ 1624. Second application filed May 13, COMPANY. Applicant’s representatives: TIONAL CORP., 7 Central Park West, 1959, for temporary authority under sec­ Richard H. Simons, Executive Vice Presi­ New York 23, N.Y., of FOOD TRANS­ tion 210a(b). dent and General Counsel, The Adley PORT, INC., MARKET HAULAGE, INC., No. MC-F 7191. Authority sought for Express Company, 216 Crown Street, and RELAY TRANSPORT, INC., all of purchase by H. W. MILLER TRUCKING New Haven, Conn., Jack R. Turney, Jr., 7 Central Park West, New York 23, N.Y., COMPANY, Hillsboro Road, Durham, Attorney, 2001 Massachusetts Avenue and for acquisition by H. M. O’NEILL, N.C., of the operating rights and prop­ NW., Washington, D.C., and S. Harrison W. J. O’NEILL and F. J. O’NEILL, all of erty of COY FLIPPIN, doing business as Kahn, Attorney, 1110 Investment Build­ 11700 Shaker Boulevard, Cleveland 20, COY FLIPPIN TRANSFER, Box 65, Pilot ing, Washington 5, D.C. Operating Ohio, of control of FOOD TRANSPORT, Mountain, N.C., and for acquisition by rights sought to be controlled: General INC.; MARKET HAULAGE, INC., and C. S. BURTON, JR., also of Durham, of commodities, with certain exceptions in­ RELAY TRANSPORT, INC., through the control of such rights and property cluding household goods and commodi­ acquisition by LEASE PLAN INTERNA­ through the purchase. Applicants’ at­ ties in bulk, as a common carrier over TIONAL CORP. Applicant’s attorneys: torney: James E. Wilson, 716 Perpetual regular routes between Norwalk, Conn., Roland Rice, 618 Perpetual Building, Building, llllE Street NW., Washington and New York, N.Y., serving all inter­ 1111 E Street NW., Washington 4, D.C., 4, D.C. Operating rights sought to be mediate and certain off-route points; and Ewald E. Kundtz, 1050 Union Com­ transferred: General commodities, with motors and vegetable oil, between Stam­ merce Building, Cleveland 14, Ohio. certain exceptions including household ford, Conn., and Boston, Mass., serving Operating rights sought to be controlled: goods and commodities in bulk, as a com- the intermediate and off-route points of (FOOD TRANSPORT, INC.) Such com­ carrier over regular routes, between Worcester, Framingham, Canton, and modities as are sold by retail and chain Jukin, N.C., and Winston-Salem, N.C., North Easton, Mass., for vegetable oil grocery and food business houses and serving no intermediate points; plaster traffic only; general commodities, with stores, and supplies, equipment, advertis­ wwtenals, between Mount Airy, N.C., and certain exceptions including household ing materials, and related items used in oaitville, Va., serving no intermediate goods and commodities in bulk, over ir­ the conduct of such business, except, in points; tobacco, from Rockymount, Va., regular routes, between points in Con­ any instance, commodities in bulk, in t "inston-Salem, N.C., serving the in- necticut, and between New York, N.Y., tank vehicles, as a contract carrier over w ® T ate of Martinsville, Va.* on the one hand, and, on the other, cer­ irregular routes from New York, N.Y., to sini^ to pick-up only; hogsheads, tain points in New Jersey; new pianos, certain points in New Jersey, Connecti­ v- r. articles and supplies used in heavy machinery and equipment, and cut and New York limited to a transpor­ w *™pping> handling and packing of steel, between points in Connecticut, on tation service to be performed under a tn n , acco’ from Winston-Salem, N.C., "the one hand, and, on the other, points continuing contract, or contracts, with w Rockymount, Va., serving the inter- in Massachusetts, New Jersey, New York, Gristede Bros., Inc.; (M ARKET HAUL­ : S S i f Point of Martinsville, Va., re- and Rhode Island; electrical equipment, AGE, INC.) such commodities as are sold «jn/iv- delivery only; general com- telephone materials and patterns, and by retail and chain grocery and food S S f 5' certain exceptions empty steel drums, between Stamford, business houses and stores, and supplies, j S r 1 household goods and commodi- Conn., on the one hand, and, on the equipment, and advertising material, and pi.-P, bulk> over irregular routes, from other, certain points in New Jersey. In related items used in the conduct of such I aarimfu?’ 7 ^ ’ Elkin> N.C.; ground No. MC-F 6243, McFADDIN EXPRESS, businesses, as a contract carrier over \ innT+lU?a} ilmestone, wire, wire fenc- INC.—PURCHASE (PORTION)—BAY irregular routes, from Mt. Kisco, N.Y., to [ limp ^ ',.^}cets, baling ties, seed, plaster, STATE MOTOR EXPRESS CO., SID­ points in Fairfield, Hartford, and New \ and n« 1 ^mflr materials, coal, crushed NEY J. KAGAN, RECEIVER, published Haven Counties, Conn., and from Mt. I arved stone, curbing, crushed, cut, in the April 18, 1956, issue of the F ederal Kisco, N:Y., to Westerly, R.I.; the opera- 4090 NOTICES

tions authorized are limited to a trans­ points; dried beans, from Billings, tric Company, New England Electric portation service to be performed under Mont., to Duluth, Minn., and from St. System, File No. 59-104; New England a continuing contract, or contracts, with Paul, Minn., to Duluth, Minn., serving Electric System, File No. 54-222. The Grand Union Company; (RELAY no intermediate points; automobile parts The Commission having by Notice and TRANSPORT, INC.) flavoring syrup, and accessories, from Fort Wayne, Ind., Order dated August 1, 1958, instituted liquid and invert sugar, all commodities to St. Paul, Minn., serving no interme­ a proceeding under section 11(b)(2) of moving in bulk, in tank .vehicles, as a diate points; general commodities, ex­ the Public Utility Holding Company Act contract carrier, over irregular routes, cept livestock, and except dangerous ex­ of 1935 (“Act”) with respect to New from Long Island City, N.Y., to Alexan­ plosives, and petroleum products in bulk, England Electric System (“NEES”), a dria, Va.; flavoring syrup, in bulk, in between Butte, Mont., and Billings, registered holding company, and five of tank vehicles, from Long Island City, Mont., serving all intermediate points; its subsidiary companies engaged solely N.Y., to Newark, New Brunswick, Teter- general commodities, with certain ex­ in the electric business; namely, Merri­ boro, and Asbury Park, N.J., and Phila­ ceptions including household goods and mack-Essex Electric Company ( “Merri­ delphia, Pa.; liquid sugar, in bulk, in excluding commodities in bulk, between mack” ) , Southern Berkshire Power & tank vehicles, from Long Island City, Butte, Mont., and Missoula, Mont., serv­ Electric Company (“Southern Berk­ N.Y., to Newark, N.J.; invert sugar, in ing al? intermediate and certain off-route shire” ), Suburban Electric Company bulk, in tank vehicles, from Long Island points; general commodities, with cer­ (“ Suburban” ), Weymouth Light and City, N.Y., to Newburgh, N.Y., Hamden tain exceptions including household Power Company (“Weymouth”), and and Fairfield, Conn., and Elizabeth and goods and commodities in bulk, between Worcester County Electric Company Bridgeton, N.J. LEASE PLAN IN TER­ Helena, Mont., and junction Montana (“Worcester” ) , hereinafter collectively NATIONAL CORP. holds no authority Highways 10N and 10S, just west of sometimes referred to as the “Minority from this Commission; however, its con­ Three Forks, Mont.,"and between Fargo, Subsidiaries”, and said Notice and Order trolling stockholders are affiliated with N. Dak., and Moorhead, Minn., serving having consolidated a proceeding with ANCHOR MOTOR FREIGHT, INC., certain intermediate and off-route respect to a plan, as amended, filed by OF DELAWARE, ANCHOR MOTOR points; household goods as defined by the NEES, pursuant to section 11(e) of the FREIGHT, INC., OF MICHIGAN, AN­ Commission, over irregular routes, be­ Act for the purpose of eliminating the CHOR MOTOR FREIGHT (N.Y. tween points in Montana, North Dakota, publicly held common stock interests in CORP.), RELAY TRANSPORT, INC., and Minnesota; service is authorized to such subsidiary companies with the sec­ SIGNAL DELIVERY SERVICE, INC., and from points in the Minneapolis-St. tion 11(b)(2) proceeding; WAREHOUSE TRANSPORTATION Paul, Minn., commercial zone as defined NEES having further requested that if CO., CONLEY’S EXPRESS, INC., FOOD by the Commission, and Scotchlite, the Commission approves the section TRANSPORT, INC., SUGAR TRANS­ Minn., in lieu of Minneapolis and St. 11(e) plan, as amended, the Commis­ PORT, INC., QUICK DELIVERIES, INC., Paul, whichever is presently authorized sion’s order herein contain the findings MARKET HAULAGE, INC., GREEN to be served by said carrier over irregular and recitals necessary to meet the re­ BAG TRANSPORT, INC., and POOL routes, restricted to the transportation quirements of sections 1081 and 4382 of TRUCK, INC., which are authorized to of such commodities as said carrier is the 1954 Internal Revenue Code, as operate as contract carriers in New York, presently authorized to transport to or amended, and any other sections thereof 'Delaware, the District of Columbia, from Minneapolis or St. Paul, over ir­ providing exemptions or benefits with Maryland, Pennsylvania, Virginia, West regular routes; (FLATHEAD TRANS­ respect to transactions in obedience to Virginia, Ohio, Indiana, Kentucky, Illi­ PORTATION COMPANY) general com­ or in compliance with orders of the nois, Michigan, New Jersey, Tennessee, modities, with certain exceptions includ­ Commission; New Jersey, North Carolina, Connecticut, ing Household goods and commodities in A public hearing having been duly held Maine, Massachusetts, New Hampshire, bulk, as a common carrier over a regular after appropriate notice with respect to Rhode Island, South Carolina, Vermont, route between Missoula, Mont., and said consolidated proceeding at which Wisconsin, Georgia, and Florida. Ap­ Kalispell. Mont., serving all intermediate hearing all interested persons were af­ plication has not been filed iov tempo­ points and the off-route point of Charlo, forded an opportunity to be heard; and rary authority under section 210a(b). Mont. GARRETT FREIGHTLINES, NEES having requested the Com m is­ INC., is authorized to operate as a com­ sion, pursuant to section 11(e) o f the N ote: A motion has been filed simultane­ mon carrier in Idaho, Montana, Califor­ Act, to apply to an appropriate United ously with the above application, by reason of lack of jurisdiction. nia, Utah, Nevada, Oregon,^ Colorado, States District Court to enforce and New Mexico, Washington, Arizona, and carry out the terms and provisions of said No. M C-F 7195. Authority sought for Wyoming. Application has not been plan, as amended; and the Commission control and merger by GARRETT filed for temporary authority under having considered the entire record and FREIGHTLINES, INCy 2055 Pole Line section 210a(b). having this day filed its Findings and Road, Pocatello,/Idaho, of the operating By the Commission. Opinion, on the basis of such Findings rights and property of NORTHWEST and Opinion; FREIGHT LINES, INC., and FLAT- [ s e a l ] H a r o l d D . M c C o y , It is ordered, That pursuant to sec­ HEAD TRANSPORTATION COMPANY, Secretary. tion 11(b) (2) of the Act, NEES and each both of 4300 State Avenue, Billings, [F.R. Doc.; 59-4244; Filed, May 19, 1959; of the Minority Subsidiaries be, and they Mont., and for acquisition by C. A. GAR­ 8:50 a.m.] hereby are, directed to take appropriate RET, also of Pocatello, of control of such action to effect the elimination of the rights and property through the trans­ public minority stock interest in each of action. Applicants’ attorneys: Maurice the Minority Subsidiaries. H. Greene, 300 North Sixth Street, Boise, SECURITIES AND EXCHANGE I t is further ordered, Pursuant to sec­ Idaho, and Jerome Andersen, Electric tion 11(e) of the Act, that the plan, as Building, Billings, Mont. Operating COMMISSION amended, filed by NEES be, and the same rights sought to be controlled and [File Nos. 59-104, 54r-222] hereby is, approved, subject to the terms \ merged: (NORTHWEST FREIGHT and conditions contained in Rule 24 pro- - LINES, INC.) General commodities, with MERRIMACK-ESSEX ELECTRIC CO. mulgated under the Act and to the fol­ certain exceptions including household ET AL. lowing additional terms and conditions: goods and excluding commodities in Order Directing Elimination of Certain (1) That this order shall not be oper­ bulk, as a common carrier over regular ative to authorize any transaction pro­ routes between Billings, Mont., and St. Minority Interests and Order Ap­ posed in the plan, as amended, until an Paul, Minn., between Helena, Mont., and proving Plan appropriate United States District Court j Garrison, Mont., and between Missoula, M a y 14, 1959. shall, upon application thereto, enter an Mont., and Spokane, Wash., serving In the matters of Merrimack-Essex order enforcing said plan, as amended; ; certain intermediate and off-route Electric Company, Southern Berkshire (2) That only such fees and expenses points; seed, from Minneapolis and Power & Electric Company, Suburban in connection with said plan, asj St. Paul, Minn, to Faribault and Win­ Electric Company, Weymouth Light and amended, and the proceedings incidental j ona, Minn., serving no intermediate Power Company, Worcester County Elec­ thereto shall be paid by NEES and the 1 Wednesday, M ay 20, 1959 FEDERAL REGISTER 4091

Minority Subsidiaries as the Commission D. NEES will issue and deliver 806.4 Seaboard Corporation, Columbia Gas of may approve on appropriate application common shares of NEES to Weymouth Kentucky, Inc., Kentucky Gas Transmis­ made to it, jurisdiction hereby being stockholders (other than NEES) at the sion Corporation, Virginia Gas Distribu­ specifically reserved to determine the rate of twp and eight-tenths (2.8) com­ tion Corporation, The Ohio Fuel Gas reasonableness of all fees and expenses mon shares of NEES for each share of Company, The Ohio Valley Gas Com­ and all other remunerations incurred or common stock of Weymouth, and in ex­ pany, The Preston Oil Company, The to be incurred by NEES and the Minority change therefor such Weymouth stock­ Manufacturers Light and Heat Com­ Subsidiaries in connection with said holders will transfer and deliver to NEES pany, Cumberland and Alleghany Gas plan, as amended, the transactions inci­ their certificates for Weymouth common Company, Home Gas Company, Colum­ dental thereto and all proceedings on or stock aggregating 288 shares. bia Gas of New York, Inc.; File No. related thereto. E. NEES will issue and deliver 16,552.2 70-3790. (3) That jurisdiction be, and the same common shares of NEES to Worcester Notice is hereby given that The Colum­ hereby is, specifically reserved with re­ stockholders (other than NEES) at the bia Gas System, Inc. (“ Columbia” ) , a spect to the entering of such further rate of four and two-tenths (4.2) com­ registered holding company, and its orders and the taking of such further mon shares of NEES for each share of wholly owned subsidiaries United Fuel action as the Commission may deem common stock of Worcester, and in ex­ Gas Company (“United Fuel”), Amere necessary or appropriate to effectuate change therefor such Worcester stock­ Gas Utilities Company (“Amere” ), A t­ the requirements of section 11(b) of the holders will transfer and deliver to lantic Seaboard Corporation (“Sea­ Act and with respect to entertaining NEES their certificates for Worcester board” ) , Columbia Gas of Kentucky, such further proceedings, entering such common stock aggregating 3,941 shares. Inc. (“Columbia of Kentucky” ), Ken­ further orders, and the taking of such II. New scrip representing fractional tucky Gas Transmission Corporation further action as the Commission may interests in common shares of NEES will (“Kentucky Gas”), Virginia Gas Dis­ deem necessary or appropriate in con­ be issued, exchanged, and delivered in tribution Corporation (“Distribution”) , nection with said plan, as amended, lieu of fractional common shares and, The Ohio Fuel Gas Company ("Ohio”), transactions a part of or incidental upon combination thereof, full common The Ohio Valley Gas Company (“Ohio thereto, and the consummation thereof, shares will be issued. I f dividends paid Valley”), The Preston Oil Company to effectuate the requirements of section on the respective common stocks of Mer­ (“Preston”), The Manufacturers Light 11(b) of the Act. rimack, Southern Berkshire, Suburban, and Heat Company (“ Manufacturers” ), It is further ordered and recited, That Weymouth and Worcester from January Cumberland and Alleghany Gas Com­ all steps and transactions involved in 1, 1958,_ to the effective date are in pany (“Cumberland”), Home Gas Com­ the consummation of the plan, as amounts less than 90 percent of the net pany (“Home” ), and Columbia Gas of amended, including particularly the is­ increases in earned surpluses of the re­ New York, Inc. (“ Columbia of New suances, transfers, exchanges, expendi­ spective company before common divi­ York”), have filed a joint application- tures, investments, distributions, and dends for such period, amounts in cash declaration and amendments thereto sales hereinafter described and recited equal to such deficiencies will be added pursuant to the Public Utility Holding in subparagraphs I and I I set forth to the securities deliverable in the re­ Company Act of 1935 (“Act”) , designat­ below, are necessary or appropriate to spective exchanges under the plan, as ing sections 6(b), 7, 9, 10, 12(b), and effect a simplification of the NEES hold­ amended. 12(f) thereof and Rules 43 and 45 pro­ ing company system and are necessary in. The foregoing transactions or any mulgated thereunder as applicable to or appropriate to effectuate the provi­ one or more of them may be effected, and the proposed transactions, which are sions of section 11(b) of the Act and are deliveries and intermediate issues and summarized as follows: hereby authorized, approved, and di­ transfers may be made, to, through or The subsidiary companies of Columbia rected; the stock and securities and other by exchange agents or others, and/or plan to finance a part of their construc­ property which are ordered to be issued, the stock and securities and other prop­ tion budgets for 1959, estimated at $123,- exchanged, acquired, transferred, re­ erty may be delivered direct to those ulti­ 000,000, with funds available from inter­ ceived, and sold upon such transactions, mately entitled thereto, all in any man­ nal sources. To provide a portion of the and the investments which are to be ner consistent with the Court order new money requirements needed for such made, being specified and itemized as enforcing the plan, as amended, or in purpose, estimated at $74,548,970, Colum­ follows; said Court order. The exchange agent bia proposes to use its present cash re­ I.A. NEES will issue and deliver 430,- will deliver to NEES any common shares sources, including the proceeds from a 480.5 common shares of NEES to Merri­ recent sale of common stock. Later in or cash held by it at the expiration of mack stockholders (other than NEES) 1959 Columbia plans to issue and sell at the rate of one and five-tenths (1.5) the exchange period on account of un­ senior debentures to finance the balance common shares of NEES for each share exchanged old certificates, all as provided of the construction budgets, to pay short­ of common stock of Merrimack, and in in the plan, as amended. term notes incurred to finance the con­ exchange therefor such Merrimack By the Commission. struction and acquisition of plant facili­ stockholders will transfer and deliver to ties by the subsidiary companies, and for NEES their certificates for Merrimack [ s e a l ] O rval L. D u B o is , other corporate purposes. common stock aggregating 286.987 Secretary. To provide funds to six of the sub­ shares. [P.R. Doc. 59-4232; Piled, May 19, 1959; sidiaries, to enable them to purchase B. NEES will issue and deliver 52C 8:48 a.m.] inventory gas for storage, Columbia pro­ common shares of NEES to Southe] poses to borrow from a group of com­ Berkshire stockholders (other th£ mercial banks, for whom Guaranty Trust j at the rate of three and fou Company of New York will act as clear­ tenths (3.4) common shares of NEES t [File No. 70-3790] ing agent, an aggregate amount not to each share of common stock of Souther exceed $55,000,000. The borrowings are Berkshire, and in exchange theref COLUMBIA GAS SYSTEM, INC., ET AL. to be made in installments during July, toiviV Southern Berkshire stockholde August and September 1959, and are to .transfer and deliver to NEES the Notice of Filing Regarding Issuance be repaid in February, March and April rtificates for Southern Berkshire cor and Sale of Unsecured Notes to 1960. They are to be evidenced by un­ r agsregating 153 shares. Banks and Related Open Account secured notes, to be dated when issued, -V* NEES will issue and deliver 12,08S bearing interest at the rate of 4 percent W o n shares of NEES to Suburbi Advances to Subsidiaries; Intra­ system Issuance, Sale and Acquisi­ per annum, the prime rate for commer­ S ckh°iders (other than NEES) at tl cial loans at the time the agreements flye and five-tenths (5.5) commc tion of Common Stocks and Long- were negotiated. The notes may be pre­ JSH 0fi NEES for each share of cor Term Notes °* Suburban, and in exchan paid in whole or in part in the order of wm + r su°fi Suburban stockholde M a y 13, 1959. maturity without penalty except prepay­ ¡"pansier and deliver to NEES the In the matter of The Columbia Gas ments cannot be made with funds bor­ for Suburban common sto< System, Inc., United Fuel Gas Company, rowed from banks at a lower interest aggregating 2,198 shares. Amere Gas Utilities Company, Atlantic rate. 4092 NOTICES

The names of the banks and the maxi­ First City National Bank of the several subsidiaries in connection mum participation of each bank are in­ Binghamton, Binghamton, with their proposed transactions are dicated below: N.Y ______$102,000 estimated at $25,479 including Federal original issue taxes of $21,779, charges Guaranty Trust Company of New 55, 000, 000 Y o r k ______$18,031,000 of system service company $1,400 ($100 Chemical Corn Exchange Bank, The proceeds from the sale of the notes for each company), and miscellaneous New York City,______Ï 5, 820, 000 are to be advanced on open account to expenses of $2,300 (including legal fees Mellon National Bank and Trust the subsidiaries having storage facilities of $200 and $400 to be paid by Manufac­ Company, Pittsburgh, Pa____ - 5,820, 000 from time to time as needed during 1959, turers and Distribution, respectively). The First National City Bank of at aji interest rate of 4 percent per an­ Notice is further given that any inter­ New York____,______4, 740, 000 num, and in amounts not to exceed those ested person may, not later than May Bankers Trust Company, New York City______- 3,300,000 indicated below: 28, 1958 at 5:30 p.m., request the Com­ mission in writing that a hearing be held Irving Trust Company, New York United Fuel...... - ______$15,000,000 C ity ______3,000,000 O h i o ______,______29,000,000 on such matters, stating the nature of The Hanover Bank, New York Manufacturers______8,000, 000 his interest, the reasons for such request, City ______;______3,000,000 H o m e ______1______1,800, 000 and the issues, of fact or law, • if any, J. P. Morgan & Co., Inc., New S e a b o a rd ______1,100, 000 raised by the amended application- York City______1,950,000 Kentucky Gas______- 100,000 declaration which he desires to contro­ Manufacturers Trust Co., New vert; or he may request that he be noti­ York City...... 1,950,000 55,000, 000 Brown Brothers, Harriman & fied if the Commission should order a Company, New York City_____ 1,005, 000 The above advances, and, in turn, the hearing thereon. Any such request The New York Trust Co-^_------1, 005,000 should be addressed: Secretary, Secu­ related bank notes of Columbia, are to be Fidelity Trust Co., Pittsburgh, rities and Exchange Commission, Wash­ repaid from revenues collected by the Pa ______1,005, 000 ington 25, D.C. At any time after said Peoples First National Bank and subsidiaries as the storage gas is with­ date, the application-declaration as . Trust Co., Pittsburgh, Pa____ _ 1, 005, 000 drawn and sold during the coming win­ amended, or as it may be further The Cleveland TrustCo __!------1,005, 000 ter heating season. The Union National Bank, Pitts­ amended, may be granted and permitted burgh, Pa______630, 000 As the means of obtaining the new to become effective, in whole or in part, money needed for construction during The Ohio National Bank of Co- as provided in Rule 23 of the rules and lurrlbus ______501, 000 1959, the following subsidiaries propose The Charleston National Bank__ 501, 000 regulations promulgated under the Act, to issue and sell common stock and In­ or the Commission may grant exemption The Kanawha Valley Bank, stallment Promissory Notes to Columbia Charleston, W. Va______399, 000 from its rules as provided in Rules 20(a) not in excess of the amounts indicated The First Huntington National and 100, or take such other action as it Bank, Huntington, W. Va_____ 231,000 below: . may deem appropriate. Common stock By the Commission. Installment Company notes, aggre­ [ s e a l ] O r v a l L. D u B o is , Number of Par Aggregate gate amount Secretary. • shares • value amount [F.R. Doc. 59-4233; Filed, May Î9, 1959; T h ousands 8:48 a.m.] 26,000 $50 $1,300,000 $13,800 United Fuel...... -...... 320,000 25 8,000,000 13i 600 44,506 45 2,002,770 14,000 7,500 90 675,000 700 350 216,000 25 5,400,000 7,900 DEPARTMENT OF JUSTICE 8,000 25 200,000 400 300 Office of Alien Property 16,000 25 400,000 1,200 1,125 RAISSA RALLY ISAACSOHN 325 7,848 25 196,200 675 Notice of Intention To Return Vested 16,000 100 1,600,000 BOO Property 19,773,970 64,775 Pursuant to section 32(f) of the Trad­ ing With the Enemy Act, as amended, The above securities are to be issued United Fuel,1 Public Service Commission of West Virginia. notice is hereby given of intention to re­ and sold periodically when funds are Amere, Public Service Commission of West turn, on or after 30 days from the date needed but not later than March 31, Virginia. of publication hereof, the following prop­ 1960. Cumberland, Public Service Commission of erty, subject to any increase or decrease The Installment Notes will be un­ West Virginia. resulting from the administration secured. They will be dated when is­ Ohio, Public Utilities Commission of Ohio. thereof prior to return, and after ade­ Ohio Valley, Public Utilities Commission quate provision for taxes and conserva­ sued, and the principal amounts will be of Ohio. due in 25 equal annual installments on Distribution, State Corporation Commis­ tory expenses: February 15 of the years 1961 to 1985 sion of Virginia. Claimant, Claim No., Property, and Location inclusive. Interest will be payable Columbia of Kentucky, Kentucky Public Service Commission.- Mrs. Raissa Rally Isaacsohn, London, Eng­ semi-annually at the rate of 4.8 percent Home, Public Service Commission of New land; Claim No. 62030; $859.69 in the Treas­ per annum, which represents the ap­ York. ury of the United Stats. $1,500 Federal Re­ Columbia of New York, Public Service public of Germany, Conversion and Funding proximate cost of money to Columbia on Issue 1953, Ten-Year 3% Dollar Bonds, Bona Commission of New York. its last sale of Senior Debentures on Nos. M008125 and D001354, which bonds are November 6,1958. It is stated that copies of the appli­ held in the Federal Reserve Bank, New York Approval of the issuance and sale of cable State Commission orders will be for safekeeping. Vesting Order No. 18007. - the securities must be obtained by ten filed by amendment. Executed at Washington, D.C., da of the subsidiary companies from the The estimated fees and expenses in­ May 12, 1959. curred by Columbia in connection with regulatory commissions of the States in For the Attorney General. which they are organised and doing the bank loans aggregate $400. The ag­ gregate fees and expenses to be paid by business, as follows: [ seal] P aul V. M yron, Deputy Director, Company and State Commission 1 United Fuel is also required to obtain Office of Alien Property. approval of the Public Service Commission Manufacturers, Pennsylvania Public Util­ of West Virginia of the advances to it on [F.R. Doc. 59-4246; Filed, May 19, l059’ ity Commission. open account. 8:50 a.m.] Wednesday, May 20, 1959 FEDERAL REGISTER 4093

IDA MEYER of publication hereof, the following prop­ as his sole heirs, his widow, Evelyn Wein­ erty, subject to any increase or decrease berger, and his five children, namely, Notice of Intention To Return Vested resulting from the administration there­ Hans and Evelyn Weinberger (minors), Property of prior to return, and after adequate Maria Bernd, Elisabeth Tanzer and Eva Pursuant to section 32(f) of the Trad­ provision for taxes and conservatory Perl; ing With the Enemy Act, as amended, expenses: * Whereas, Evelyn Weinberger, individu­ notice is hereby given of intention to re­ Claimant, Claim No., Property, and Location ally and on behalf of her minor children, turn, on or after 30 days from the date of Hans and Evelyn; Maria Bernd, Elisa­ David Hiromu Imahara, Kojin Machi, 15 beth Tanzer and Eva Perl have been publication hereof, the following prop­ Banchi, Hiroshima Shi, Hiroshima Ken, erty, subject to any increase or decrease Japan; Claim No. 57743; $5,141.36 in the substituted as claimants in this matter resulting from the administration Treasury of the United States. in lieu of Hans Weinberger; thereof prior to return, and after ade­ Whereas, the $46,800.00 principal Executed at Washington, D.C., on amount of United Steel Works Corpora­ quate provision for taxes and conserva­ May 13, 1959. tory expenses: tion Participation Certificates, referred For the Attorney General. to under “ Property and Location” in the Claimant, Claim No., Property, and Location aforesaid Notice of Intention, has been Ida Meyer, Hamburg, Germany; Claim No. [ s e a l ] P a u l V . M y r o n , reduced to $45,864.00 and cash in the 59176; $34,819.20 in the Treasury of the Deputy Director, amount of $14,625.49, representing in­ United States. All right, title, interest and Office of Alien Property. terest on the Certificates and principal claim of any kind or character whatsoever [F.R. Doc. 59-4249; Filed, May l9, 1959; distribution, has been added to the of Ida Meyer in and to and arising out of or 8:50 aon.] under that certain trust agreement dated account; April 21, 1936, by and between Ida Meyer„ Now, therefore, pursuant to section 32 trustor, and Wells Fargo Bank & Union Trust of the Trading with the Enemy Act, as Company, trustee, presently being admin­ ELISABETH AMALIE RAHEL ET AL. amended, the said Notice of Intention to istered by Wells Fargo Bank & Union Trust Return Vested Property is hereby Company, trustee, Market at Montgomery, Notice of Intention To Return Vested amended by deleting under the heading San Francisco 20, California. Vesting Order Property “ Claimant” the name and address of No. 13244. Pursuant to section 32(f) of the Trad­ Hans Weinberger, and deleting under the Executed at Washington, D.C., on ing With the Enemy Act, as amended, no­ heading “Property and Location” $46,- May 12, 1959. tice is hereby given of intention to return, 800.00 principal amount of United Steel For the Attorney General. on or after 30 days from the date of pub­ Works Corporation Participation Certifi­ lication hereof, the following property, cates, described therein, and substituting [ seal] P a u l V. M y r o n , subject to any increase or decrease re­ in lieu thereof the following: Deputy Director, Claimant, Claim No., Property and Location Office of Alien Property. sulting from the administration thereof prior to return, and after adequate pro­ Marla Weinberger, Vienna XIII, Austria, [F.R. Doc. 59-4247; Filed, May 19, 1959; vision for taxes and conservatory ex­ Claim No. 62480; Evelyn Weinberger, indi­ 8:50 a.m.] penses: vidually and as guardian of Hans Weinberger and Evelyn Weinberger, Salzburg, Austria; Claimant, Claim No., Property, and Location Maria Bernd, Elisabeth Tanzer and Eva Perl, ' Elisabeth Amalie Rahel, Liebeschuetz and Vienna XIII, Austria, Claim No. 62481; Cash FEIGA ZIPORA BEREZINA Hubert Curt Plaut, executors u/w Adele Car­ in the Treasury of the United States as oline Plaut, deceased, Liverpool, England; follows: $5,850.19 to each Maria Weinberger Notice of Intention To Return Vested Claim Nos. 63721 and 63722; $487.97 in the and Margarethe Markl. $731.27 to Evelyn Property Treasury of the United/ States and Coupons Weinberger, individually. $731.28 to Evelyn numbered 6 (due 1/1/40), 7 (due 7/1/40), Weinberger as guardian of Hans Weinberger. Pursuant to section 32(f) of the Trad­ and 8 (due 1/1/41), detached from three $365.64 to each Maria Bernd; Elisabeth Tan­ ing With the Enemy Act, as amended, Konversionskasse Für Deutche Auslands­ zer; Eva Perl and to Evelyn Weinberger as notice is hereby given of intention to schulden New Issue Dollar 3% bonds, num­ guardiamof Evelyn Weinberger. return, on or after 30 days from the date bered C—21146, C-21147, and C-21148, which Margarethe Markl, Vienna XIII, Austria; of publication hereof, the following nine coupons are in the custody of the Office Claim No. 62482; $45,864.00 principal amount property, subject to any increase or de­ of Alien Property, Washington 25, D.C. Vest­ of United Steel Works Corporation Participa­ ing Order Nos. 14162 and 15266. tion Certificates, 4% percent, 1968, dated crease resulting from the administra­ January 1, 1953, evidenced by Certificate tion thereof prior to return, and after Executed at Washington, D.C., on Nos. C4618/20 at $100.00 each, D980 at $500.00 adequate provision for taxes and con­ May 13,1959. and M15761/15806 at $1,000.00 each; and servatory expenses: $99.99 principal amount of Scrip for Partici­ For the Attorney General. pation Certificates of United Steel Works Claimant, Claim No., Property, and Location [ s e a l ] P a u l V. M y r o n , Corporation, Scrip No. 002368, dated January Feiga Zipora Berezina, Ramat Zwi, Israel; Deputy Director, 1, 1953, presently in the custody of the Fed­ Cahn, Tel-Aviv, Israel; Claim No. Office of Alien Property. eral Reserve Bank of New York for safekeep­ 62340. To the claimants as their interests ing in the following fractional undivided in­ niay appear : $8,702.59 in the Treasury of the [F.R. Doc. 59-4250; Filed, May 19, 1959; terests: Sixteen-Fortieths (16/40) to each united States. Vesting Order No. 18487. 8:50 a.m.] Maria Weinberger and Margarethe Markl. Two-Fortieths (2/40) to each Evelyn Wein­ Executed at Washington, D.C., on berger, individually and as guardian of Hans May 13, 1959. Weinberger. One-Fortieth (1/40) to each For the Attorney General. MARIA WEINBERGER ET AL. Maria Bernd; Elisabeth Tanzer; Eva Perl and to Evelyn Weinberger as guardian of Evelyn ^SEALi P a u l V . M y r o n , Amended Notice of Intention To Weinberger. Deputy Director, Return Vested Property All other provisions of said Notice of Inten­ Office of Alien Property. tion To Return Vested Property, and all ac­ Whereas, a Notice of. Intention to Re­ tions taken by or on behalf of the Attorney IF.R. Doc. 59-4248; Filed, May 19, 1959; turn Vested Property was published in General of the United States in reliance 8:50 a.m.] the F ederal R e g ister on July 27, 1957 thereon, pursuant thereto, and under the (22 F.R. 5972) with respect to the return authority thereof, are hereby ratified and confirmed. of certain securities and scrip described DAVID HIROMU IMAHARA therein to Maria Weinberger, Hans Executed at Washington, D.C., on May Weinberger and Margarethe Markl, 12,1959. Notice of Intention To Return Vested Claim Nos. 62480, 62481 and 62482, of an For the Attorney General. Property undivided two-fifths, one-fifth and two- fifths, respectively; [ s e a l ] P a u l V . M y r o n , in?Uu^ nt t0 sectton 32(f) of the Trad- Whereas, information was subse­ Deputy Director, Enemy Act, as amended, quently received to the effect that Hans Office of Alien Property. refill ls hereby given of intention ta Weinberger died on April 15, 1957 in [F.R. Doc. 59-4251; Filed, May 19, 1959; n, on or after 30 days from the date Sulzau-Werfen, Austria, and that he left 8:50 a.m.] No. 98-____7 4094 FEDERAL REGISTER

CUMULATIVE CODIFICATION GUIDE— MAY

A numerical list of the parts of the Code of Federal Regulations affected by documents published to date during May. Proposed rules, as opposed to final actions, are identified as such. 3 CFR Page 7 CFR— Continued Page 16 CFR PagÄ Proclamations: Proposed rules— Continued 13...... ;______3531, 3579, Feb 9, 1914...... 4039 902______3630, 3958 3580, 3625, 3877, 4027-4029, 4051 3279______3527 904______— 3535 3290 ______- ______3527 913______3764 17 CFR 3291 ______—» ______3811 925______3608 Proposed rules: Executive orders: 927______3608, 3958 230______3514, 3766 4203______4053 934______;______3535 231—239__ ___ 3766 10480______3779 942______3697 18 CFR 10495.______4045 947______4000 Proposed rules: 10501______3777 962______3889 101______390r 10574______37791 990______3611 10669______4045 1000— ______4032 19 CFR 10813 ______3465 1021______3536 3______3756 5______3532 10814 ______- ______3474 8 CFR 10815 ______3474 10______3956 103______10816 ______,______3777 3789 16______3817 212______10817 ______— 3779 3790 18______3532 10818 ______3779 213 ...... 3790 Proposed rules: 214 ______10819 ______3779 3790 11______3513 10820 ___ ;______4045 231______3790 31______- 3535 245______-______Presidential documents other than 3491 251______21 CFR proclamations and Executive 3790 252______3______3756 orders: 3790 299______- ____ 3791 9______3818,3851 Memorandum, May 7, 1959___ 3777 19-______3865 5 CFR 9 CFR 27______3757,3819 24____ ———— _____ 4024 146a______3757 6 ______- ______3559,3692,3719 78______3972 146c______.— 3757 20______3780 94______- ...... 3817 Proposed rules: 26______3780 Proposed rules: 19______3735,3826 3 2 5 „ ...... 3475,4047 27______3735 51s.______4059 6 CFR 10 CFR 120______3766, 3959 121______3827 10______— 3559, 3811 2______3791 301______3969 60______3955 22 CFR Proposed rules: 3877 421: 3813, 3845,4017 63...... 20______3537 121 3721 427______3475, 3482 ______140______3508 123 __ 3722 438______3559 3722 443______3562, 4048 12 CFR 124 _ 3723 482___ a______— 3687 220______3866 125 _ 3723 485______4022 221_...... 3867 126 _ 3753 7 CFR 563______25 CFR 29______3978 13 CFR 121-____ 3692 52______- ______3782,3984,3986 121-______3491 163— .______-______4030 106______- ______3692 14 CFR 221______3532, 3757, 3758, 4030 201______3951 Proposed rules: 1—199______3574 171 _____ 3881,3993 301______3529, 3955 60______3956 O I Q á í ) O S 172______3881, 3993 200— 399______— 1___ 3574 173 __ 3881,3993 4 0 lIIZ IIZ Z IZ Z Z IIZ Z Z Z III-3845,_3847, 3848 233______3869 722______3814 174 ______;______3881,3993 241______- ______3869 184______— 3881 728______3747, 3986, 4023 249______3531 730______3747 400—635______3574 26 (1939) CFR 861______I ______3488 409______3498, 3972 9______3819 876______3490 507______: 3574,3754, 4025 458______-,____ 3503 911— ______3564 600______3870, 3871, 3972 922______353Q, 3565, 3623, 3750, 3986 601______3872,3874, 3973 26 (1954) CFR 933______3750 602______3875 l ______3693,3819 943______3719 608...... ____ 3875, 3876 301______3503 953______3530, 609 ______— 3974 Proposed rules: 3751, 3785, 3789, 3955, 3987, 4023 610 ______...... 3500, 4051 1______4007 955______— ______3491 1200— 1299______3574 196______3695 962______3565 1201— — . ______3574 253...... I 3881 968 _ 3566Proposed rules: 969______- ______4050 60______3959 27 CFR 1001______514 3573______3699, 3700, 3882 Proposed rules: 1069______3574 5______3958 Proposed rules: 15 CFR 3987 29 CFR 51 _ 3731, 3761-3763, 3887, 3993 368______4052 52 ______3887, 3993, 3996, 3998 370 _ 3752 522______3581 68______4031 371 _ 3987 526______3791 319______, 3799 382______4025 601______3792 602______362______4059 385______3987 3503 813______3799399______3752 603______Wednesday, May 20, 1959 FEDERAL REGISTER 4095

Page 30 CFR Page 38 CFft 43 CFR— Continued Page Proposed rules: 6_ 3592 Public land orders— Continued 14a______3795 8_ 3592 1854 _ 4055 21 4053 1855 _____ 4056 31 CFR 3 9 CFR 1856 ______4056 1857 ______4056 309-...... 3533 45______3533,3534 359------3533 123____ : ______— 3990 44 CFR 152______3990 Proposed rules: 32 CFR 168______3990 401______3800 3582 1 ...... 201______3592 45 CFR 2 ______3586 203 ______4026 4______3586 204 ______3592 106______3880 114______3694 6____ — 3586 41 CFR 7...... 3587 46 CFR 3589 Proposed rules: 202______3513 147______3507 9...... 3589 154-,______^______4057 13______3589 42 CFR 246_____ 3793 16______— ^___ 3589 3956 370______3625 30...... — 3591 43 CFR Proposed rules: 204...... — 3851 35...... — ...... 4057 Proposed rules: 207______3851 78______4057 536...... 4053 9______4058 97—______4057 562__...... 3759 200______: ____ 4031 146______'______4057 254______4058 836______3504 162______4057 845______3724 258______4058 298______4032 861...... 3726 Public land orders: 862______3505 82______4054 47 CFR 886...... 3729 667______4039 5______3793 1200— 1299...... 3592 1571______„_ 4054 12______3794 1673______3581 31__ „______3880 33 CFR 1725______4054 Proposed rules: 19...... ____ 4053 1726—______4056 9______3611 85.______3506 1812______3534 12______3612 86______3506 1838______3534 91______3506 1839——______3534 49 CFR 96______3507 1840 _____ 3581 0—______3957 202______3760,3956 1841 __ _ 3581 54______3818 1842 ...... _____ 3630 203 ...... 3629, 3760 72 ______;______3595 1843 _____ 3729 204 ______3760 73 _ 3595 1844 _____ 3760 74 ______;______3599 207...... 3629 1845 _____ 3879 78______1___ _*______3599 36 CFR 1846 _____ 3879 184_____ 3507 ,1847______3992 251...... Proposed rules: .1 3581 1848 _____ 4053 195______4060 37 CFR 1849 ...... 4054 1850 _____ 4054 50 CFR Proposed rules: 1851 ______4054 33______3992 201______3545 1852 _____ 4055 46______3626, 3751 202______. 3546 1853 ______4055 202— ______3629