DERAL REGISTER

VOLUME 24 4 * . 1934 NUMBER 142 * (JNnto s Washington, Wednesday, July 22, 1959

or culture of fruits, vegetables, flowers CONTENTS Title 3— THE PRESIDENT or ornamental trees and shrubs, and on allied problems related to their produc­ THE PRESIDENT Executive Order 10829 tion, storage and handling. Some of the Executive Order Page FLEET ADMIRAL WILLIAM D. LEAHY positions are of a research nature and re­ quire an understanding of the growth Fleet Admiral William D. Leahy— 5817 As a mark of respect to the memory of habits and full life cycle of specific hor­ Fleet Admiral William D. Leahy, it is ticultural plants, or of the various proc­ EXECUTIVE AGENCIES hereby ordered, pursuant to the pro­ esses of germination, reproduction and Agricultural Marketing Service visions of Section 4 of Proclamation 3044 propagation, cultural requirements, har­ Proposed rule making: of March 1, 1954, that until interment vesting techniques and methods of stor­ Grapes, canned; U.S. stand­ the flag of the United States shall be age and handling. Other positions in­ ards______5845 flown at half-staff on all buildings, volve the application of a professional Rules and regulations: knowledge of horticulture to orchard or Avocados: grounds, and naval vessels of the Federal land management, farm management, Government in the District of Columbia Limitation of shipments____ 5824 greenhouse and nursery management, or Prohibition of importations_ 5825 and throughout the United States and its the operation of arboretums and botanic Territories and possessions. Oranges, Valencia, grown in gardens. Arizona and designated part Dwight D. Eisenhower (Sec. 11, 58 Stat. 390; 5 U.S.C. 860) of California; limitation of The White H ouse, United States Civil Serv­ handling______5824 July 20,1959. ice Commission, Agricultural Research Service [seal] W m. C. H ull, Rules and regulations: IF.R. Doc. 59-6082; Filed, July 20, 1959; Executive Assistant. Domestic, foreign and terri­ 5:13 p.m.] torial quarantine notices (4 [F.R. Doc. 59-6006; Filed, July 21, 1959; 8:48 a.m.] documents)______5819, 5821, 5823 Agriculture Department Title 5— ADMINISTRATIVE See Agricultural Marketing Serv­ ice; Agricultural Research PERSONNEL Title 6— AGRICULTURAL Service ; Farmers Home Admin­ Chapter I— Civil Service Commission istration. CREDIT Alien Property Office PART 24— FORMAL EDUCATION RE­ Chapter III— Farmers Home Adminis­ Notices: QUIREMENTS FOR APPOINTMENT tration, Department of Agriculture Empire Import & Export Corp.; TO CERTAIN SCIENTIFIC TECHNICAL dissolution order______^_ 5858 AND PROFESSIONAL POSITIONS SUBCHAPTER B— FARM OWNERSHIP LOANS Army Department [FHA Instruction 428.1] Notices: Horticulturist Statements of personal business PART 331— POLICIES AND interests: The headnote of § 24.78 is amended AUTHORITIES Besse, Ralph M______5856 and paragraph (b) of the section is Gilmer, Albert W______5856 amended by the deletion of the words Average Values of Farms; New Jersey McCrossin, Edward F______5856 “the maintenance of parks and grounds.” On June 22, 1959, for the purposes of Pfeil, John S______5857 As amended, the headnote and para­ Title I of the Bankhead-Jones Farm Robinson, Harry S______5857 graph (b) read as follows: Tenant Act, as amended, average values Rushton, William J ______5857 § 24.78 Horticulturist, CS—437—5—15— of efficient family-type farm-manage­ Atomic Energy Commission (except for non-research positions in ment units for the counties identified Notices: the Management specialization which below were determined to be as herein General Electric Co.; applica­ involve primarily the maintenance of set forth. The average values heretofore tion for facility export license. 5858 parks and grounds). established for said counties, which ap­ Civil and Defense Mobilization ***** pear in the tabulations of average values Office (b) Duties. Horticulturists advise on,under § 331.17, Chapter HI, Title 6 of the Notices: administer, supervise or perform re­ Code of Federal Regulations, are hereby American Safety Razor Corp.; search or other professional and scien­ superseded by the average values set deletion from membership in tific work which is concerned with the forth below for said counties. the Integration Committee on breeding, testing (behavior), propagation (Continued on p. 5819) Small Arms Ammunition----- 5875 5817 5818 RULES AND REGULATIONS

CONTENTS— Continued Interstate .Commerce Commis- Pase sion— Continued Federal Aviation Agency— Con. Pas® Notices—Continued FEDERAL^REGISTER Proposed rule making—Con. Motor carriers—Continued V , '» 3 4 Airworthiness directives—____ 5848 Applications______5861 Technical standard orders for “Grandfather” certificate or aircraft materials, parts, permit applications.—___; 5860 Published daily, except Sundays, Mondays, processes, and appliances.__ 5848 and days following official Federal holidays, Justice Department by the Office of the Federal Register, National Federal Communications Com­ See Alien Property Office. Archives and Records Service, General Serv­ mission National Park Service ices Administration, pursuant to the au­ Notices : thority contained in the Federal Register Act, Rules and regulations: Hearings, etc. : Olympic National Park______5832 approved July 26, 1935 (49 Stat. 500, as Corwin, Sherrill C. (KFMC) _ 5859 amended; 44 U.S.C., ch. 8B), under regula­ Post Office Department tions prescribed by the Administrative Com­ Doughty, Frederic C______5859 mittee of the Federal Register, approved by Fuller, William Parmer, in, Rules and regulations: the President. Distribution is made only by et al__ __ 5859 International mail directory; the Superintendent of Documents, Govern­ Seaside Broadcasting Co___ 5859 miscellaneous amendments— 5832 ment Printing Office, Washington 25, D.C. Southbay Broadcasters_____ 5859 Renegotiation Board The Federal R egister will be furnished by Various non-Governmental mail to subscribers, free of postage, for $1.50 Rules and regulations: per month or $15.00 per year, payable in services; allocation of fre­ , Miscellaneous amendments to advance. The charge for individual copies quencies______5860 subchapter______5831 (minimum 15 cents) varies in proportion to Proposed rule making : Treasury Department the size of the issue. Remit check or money Table of, assignments, television See Internal Revenue Service. order, made payable to the Superintendent broadcast stations (3 docu­ of Documents, directly to the Government ments)______5849-5851 Printing Office, Wasfiington 25, D.C. Rules and regulations: CODIFICATION GUIDE The regulatory material appearing herein Amateur radio service; opera­ is keyed to the Code of F ederal R egulations, A numerical list of the parts of the Code which is published, under 50 titles, pursuant tive privilege for technician of Federal Regulations affected by documents to section 11 of the Federal Register Act, as class amateur operator_____ 5840 published in this issue. Proposed rules, as amended August 5, 1953. The Code of F ed­ Public safety radio services; au­ Opposed to final actions, are identified as eral R egulations is sold by the Superin­ thorization of mobile relay such. tendent of Documents. Prices of books and stations______5837 A Cumulative Codification Guide covering pocket supplements vary. Radio broadcast services; tele­ the current month appears at the end of each There are no restrictions on * the re­ issue beginning with the second issue of the publication of material appearing in the vision broadcast stations; Co­ month. F ederal R egister, or the Code of F ederal lumbus, Ga______5834 R egulations. Various uniform systems of ac­ 3 CFR counts; accounting for cer­ Executive orders: tain of the amounts charged 10829______5817 customers upon termination CFR SUPPLEMENTS - of service______5842 5 CFR 24...... —\ ______— 5817 (As of January 1, 1959) Federal Trade Commission Rules and regulations: 6 CFR The following Supplements are now Cease and desist orders: 331..______— ...... 5817 available: May Department Stores Co_ 5826 7 CFR Titles 1-3 ($1.00) Midwest Industrial Supply, 301— ______5819 Inc., et al______5827 318 (2 documents)______1 5819,5821 General Index ($0.75) Food and Drug Administration 319 (2 documents)______5821,5823 Rules and regulations: 321___ *_____ —______5823 All other Supplements and re­ Chlorothen citrate prepara­ 352_z.______5823 vised books have been issued tions; exemption from pre­ 922______5824 and are now available. scription-dispensing require­ 969______uc______5824 ments______*______5827 1067______5825 Order from Superintendent of Documents, General.Services Administration Proposed rules: Government Printing Office, Washington 52____ 5845 25, D.C. Notices: Zinc oxide pellets held in Na­ 14 CFR tional stockpile; proposed dis­ Proposed rules: position______5860 40______5847 CONTENTS— Continued Health, Education, and Welfare 41______5847 Department 42______5847 Civil Service Commission Pase See Food and Drug Administra­ 507______5848 Rules and regulations: tion. . 514______5848 Horticulturist; formal education Interior Department 16 CFR requirements fo r appoint­ See National Park Service. ment______5817 13 (2 documents)______5826, 5827 Internal Revenue Service Defense Department Rules and regulations: 21 CFR See Army Department. Liquor; miscellaneous amend- 130______5827 Farmers Home Administration ments______5828 26 (1954) CFR Rules and regulations: Returns of substances, articles, 170______*5828 Average values of farms; New or containers—______5829 173_____ 5829 Jersey______5817 Interstate Commerce Commis­ 32 CFR Federal Aviation Agency sion 1452______—— 5831 Notices: Notices: 1457—. . ______5831 Establishment of new Aircraft Fourth section applications for 1459______5832 Engineering District Offices 5859 relief______;______— 5875 Proposed rule making: Motor carriers: 1466______- ______5832 Airborne weather radar for large Alternate route deviation no­ 36 CFR aircraft carrying passengers- 5847 tices—.____'______5860 20______5832 Wednesday, July 22, 1959 FEDERAL REGISTER 5819

CODIFICATION GUIDE— Con. § 301.76—2a Administrative instructions had been fumigated in their entirety and designating certain premises as regu­ declared free of khapra beetle infesta-: lated areas under the khapra beetle tion. Accordingly, this property is not 39 CFR page quarantine and regulations. being included in this revision. 168______.______5832 Infestations of the khapra beetle have This revision has the effect of revoking 47 CFR been determined to exist in the premises the designation as a regulated area of 3 ______5834 listed in paragraphs (a) and (b) of this certain premises in California and New 10______5837 section. Accordingly, such premises are Mexico, it having been determined by 12______;______5840 hereby designated as regulated areas the Director of the Plant Pest Control 31______- ______-___ 5842 within the meaning of the provisions in Division that adequate sanitation meas­ 33 ______-______5842 this subpart: ures have been practiced for a sufficient 34 ______— 5842 (a) length of time to eradicate the khapra 35 _____ 5842 Arizona beetle in and upon such premises. It also Proposed rules : Mila Booth Farm, located 2% miles south adds certain premises in Arizona and 3 (3 documents)______5849-5851 and % mile east of Colorado River Indian New Mexico to the list of premises in Agency, P.O. Box 1993, Parker. which khapra beetle infestations have Don Calder, Dairy, 915 South Home Lane, been determined to exist, and designates New J ersey Mesa. such premises as regulated areas under Average Camelback Inn Horse Stable, 5402 East the khapra- beetle quarantine and County: value Lincoln Drive, Phoenix. regulations. Atlantic ______$25, 000 Tom Drennen Farm, located y2 mile north Bergen »______------45, 000 and 2 miles east of LOFO No. 1, c/o Colorado As an informative item, the revision Burlington__ i ______35,000 River Trading Co., Parker. segregates certain regulated premises in Camden ______h__ 25,000 Carl Eaves Stables, 1604 North Center Arizona and New Mexico where the ap­ Cape M ay______n 25,000 Street, Mesa. proved fumigation treatment has been Cumberland______30,000 Hi-Jolly Date Farm, 4500 East Main Street, applied to the portion of the premises Essex ______- 45, 000 Mesa. in which live khapra beetles were found Gloucester ______30, 000 Mrs. J. C. Lincoln Goat Dairy, East McDon­ and which are consequently in a some­ H udson__ »______»______ald Road and Saguaro Road, Scottsdale. what different category than untreated H unterdon______35,000 William E. McCardle Chicken Yard, 2920 Mercer ______35, 000 West Monte Vista, Phoenix. premises. Middlesex______35, 000 George Willis Chicken Yard, 928 North These administrative instructions shall M onmouth______30,000 Center Street, Mesa. become effective July 22,1959, when they Morris ______35,000 California shall supersede P.P.C. 612, Twenty-first Ocean ______25,000 Revision, effective June 3, 1959 (24 F.R. Passaic______;____ 45, 000 Coachella Valley Feed Yard, located east 4505). Salem ______,______,____ _ 30,000 side of Highway 111, south of Avenue 54, P.O. These instructions, in part, impose re­ Somerset______30, 000 Box 226, Thermal. strictions supplementing khapra beetle Sussex ______;______35, 000 New Mexico Union ______45, 000 quarantine regulations already effective. W arren______40, 000 Bob Scoggins Poultry Farm, located 1 mile They also relieve restrictions insofar as south of the city limits of Hatch on Highway they revoke the designation of certain (Sec. 41, 50 Stat., as amended; 7 U.S.C. 1015 85, Box 286, Hatch. Order of Acting sec. of Agric. 19 F.R. 74, 77, regulated areas. They must be made 22 FR. 8188) (b) The portion of each of the follow­ effective promptly in order to carry out ing premises in which live khapra beetles the purposes of the regulations and to Dated: July 15,' 1959. were found has received the approved be of maximum benefit in permitting M. H. H olliday, Jr., fumigation treatment, but these prem­ the interstate movement, without restric­ Acting Administrator, ises must continue under frequent ob­ tion under the quarantine, of regulated Farmers Home Administration. servation and inspection for a period of products from the premises being re­ one year following fumigation before a moved from designation as regulated [F.R. Doc. 59-5994; Filed, July 21, 1959; areas. Accordingly, under section 4 of 8:46 a.m.] determination can be made as to the adequacy of such treatment to eradicate the Administrative Procedure Act (5 the khapra beetle in and upon such U.S.C. 1003), it is found upon good cause premises. During this period regulated that notice and other public procedure Title 7— AGRICULTURE articles may be moved from the premises with respect to the foregoing adminis­ only in accordance with the regulations trative instructions are impracticable Chapter III— Agricultural Research in this subpart. and unnecessary, and good cause is found Service, Department of Agriculture for making the effective date thereof Arizona less than 30 days after publication in [P.P.C. 612, 22d Rev.]“ Advance Seed & Grain Co. (Grain Divi­ the F ederal R egister. sion), 310 South 24th Avenue, Phoenix. PART 301— DOMESTIC QUARANTINE Done at Washington, D.C., this 17th NOTICES New Mexico day of July 1959. Jim Akers Dairy Farm, Highway 85, located Subpart— Khapra Beetle 2 miles south of Hatch, P.O. Box 12, Hatch. [seal] E. D. Burgess, Frank Erdell (dairy), located 2 miles west Director. Revised Administrative I nstructions and 1 mile north of the junction of High­ Plant Pest Control Division. Designating P remises as R egulated ways 70-80 and 85, Route 2, Box 85, Las Areas Cruces. [FR. Doc. 59-6033; Filed, July 21, 1959; 8:51 ajn.] Pursuant to § 301.76-2 of the regula­ (Sec. 9, 37 Stat. 318; 7 U.S.C. 162. Interprets tions supplemental to the Khapra Beetle or applies sec. 8, 37 Stat. 318, as amended; 7 U.S.C. 161. 19 F.R. 74, as amended; 7 CFR Quarantine (7 CFR 301.76-2) under sec­ 301.76-2) tions 8 and 9 of the Plant Quarantine Act PART 318— TERRITORIAL of 1912, as amended (7 U.S.C. 161, 162), Subsequent to the twenty-first revi­ QUARANTINE NOTICES revised administrative instructions are sion, effective June 3, 1959, infestation hereby issued as follows, listing premises of the khapra beetle was discovered on Subpart— Guam the premises of Wallace A. Moore Ranch, in which infestations of the khapra bee­ located 3.4 miles east and 3.5 miles south G uam Quarantine and R egulations tle have been determined to exist and of Separ, Box 223, Separ, New Mexico. On April 29, 1959, there was published designating such premises as regulated Movement of regulated articles from in the F ederal R egister <24 F.R. 3326), areas within the meaning of said quaran­ these premises was immediately stopped. under section 4 of the Administrative tine and regulations. Within a few days the infested premises Procedure Act (5 U.S.C. 1003) and sec- 5820 RULES AND REGULATIONS tion 8 of the Plant Quarantine Act of terials; as such articles are defined in (e) Sugarcane or parts or by-products 1912, as amended (7 U.S.C. 161), a notice regulations supplemental hereto, shall thereof. Stems of sugarcane (Sac- of rule making and of public hearing be shipped, deposited for transmission in charum spp.), or cuttings or parts concerning proposed notice of quarantine the mail, offered for shipment, received thereof, sugarcane leaves, or bagasse or No. 82 relating to Guam and the regula­ for transportation, carried, otherwise other parts of sugarcane plants, except tions supplementary thereto. After due transported or moved, or allowed to be seeds, not sufficiently processed to re­ consideration of all relevant matter pre­ moved, by mail or otherwise, by any move plant pest danger. sented, and pursuant to sections 8 and 9 person from Guam into or through any (f) Cereals. Seed and other plant of the Plant Quarantine Act of 1912, as other State, Territory, or District of the parts of all members of the grass family amended (7 U.S.C. 161,162) and sections United States, in any manner or method (Gramineae) which yield grain or seed 103 and 106 of the Federal Plant Pest Act or under conditions other than those Suitable for food, including, but not lim­ of May 23, 1957 (7 U.S.C. 150bb, 150ee), prescribed in the regulations, as from ited to, wheat, rice,' corn and related the quarantine and regulations to appear time to time amended: Provided, That plants. This definition shall include in 7 CFR 318.82, 318.82-1 et seq., are whenever the Director of the Plant straw, hulls, chaff and products of the hereby issued as follows: Quarantine Division shall find that ex­ milling process (but excluding flour) of Quarantine isting conditions as to the pest risk in­ such grains and seeds as well as stalks Sec. volved in the movement from Guam of and all other parts of broomcorn. 318.82 Notice of quarantine. the articles designated herein, make it (g) Cut flower. The highly perishable Regulations safe to modify, by making less stringent, commodity known in the commercial the restrictions contained in any regula­ flower-producing industry as a cut 318.82- 1 Definitions. 318.82- 2 Movement of regulated articles. tions in this subpart or in any other flower, and being the severed portion of 318.82- 3 Costs. subpart in this chapter made applicable a plant, including the inflorescence, and thereto by this subpart, he shall publish any parts of the plant attached thereto, Authority: §§318.82 to 318.82-3 issued such findings in administrative instruc­ in a fresh state. under sec. 9, 37 Stat. 318, sec. 106, 71 Stat. 33; 7 U.S.C. 162, 150ee. Interpret or apply tions, specifying the manner in which (h) Packing materials. Any plant or sec. 8, 37 Stat. 318, as amended, sec. 10, 45 the regulations should be made less plant product, or soil as defined in Stat. 468, secs. 103, 105, 107, 71 Stat. 32, 34; stringent with respect to such movement, § 330.100 (t) of this chapter, or other 7 U.S.C. 161, 164a, 150bb, 150dd, 150ff. whereupon such modification shall be­ substance associated with or accompany­ come effective; or he may, when the ing any commodity or shipment to serve -Quarantine public interests will permit in specific for filling, wrapping, ties, lining, mats, §318.82 Notice of quarantine. cases, upon notification to the consignor moisture retention, protection, or any (a) Pursuant to sections 8 and 9 of the and to the consignee, authorize the in­ other auxiliary purpose. The word Plant Quarantine Act of 1912, as amend­ terstate movement from Guam of the “packing,” as used in the expression ed (7 U.S.C. 161, 162) and sections 103 articles to which such regulations apply, “packing materials,” shall include the and 106 of the Federal Plant Pest Act under conditions that are less stringent presence of such materials within, in (7 U.S.C. 150bb, 150ee), and after public than those contained in the regulations. contact with, or accompanying such hearing, it has been determined that it (c) Regulations governing the move­commodity or shipment. is necessary to quarantine Guam to pre­ ment of live plant pests designated in (i) Administrative instructions. Pub­ vent the spread to other parts of the this section are contained in Part 330 of lished documents relating to the enforce­ United States of dangerous insect in­ this chapter. ment of the regulations in this subpart, issued under the authority of such regu­ festations and plant diseases, which are R egulations new to or not heretofore widely preva­ lations by the Director of the Plant lent or distributed within and through­ § 318.82—1 Definitions. Quarantine Division. out the United States, including among Words used in the singular form in (j) State, Territory, or District of the others: Icerya aegyptiaca (t)ougl.), this subpart shall be deemed to import United States. Guam, Hawaii, Puerto Xanthomonas citri (Hasse) Dowson, the plural and vice versa, as the case may Rico, the Virgin Islands of the United Aleurocanthus spiniferus (Q.), Phyl- demand. For the purposes of this sub­ States, or the continental United States locnistis citrella (Stainton), Coccus part, unless, the context otherwise re­ (including Alaska). vindis (Green), Anomala sulcatula quires, the following words shall be con­ (k) United States. The States, the Burm., Furcaspis oceanica Ldgr., Stepha- strued, respectively, to mean: District of Columbia, Guam, Hawaii, noderes hampei (Ferr.), Pectinophora (a) Plants. Trees, shrubs, vines, cut­ Puerto Rico, and the Virgin Islands of scutigera (Holdaway), Dacus dorsalis tings, grafts, scions, buds, herbaceous the United States. Hend., Dacus cucurbitae (Coq.), Marcua plants, bulbs, roots, and other plants and (l) Oceania. The islands of the Cen­ testulalis (Geyer), Lampides boeticus plant parts intended for propagation. tral and South Pacific, including Micro­ (L.), Prays endocarpa Meyr., Prodenia (b) Seeds. The mature ovular bodies nesia, Melanesia; and Polynesia, as well litura (F.), Euscepes postfasciatus produced by flowering plants, containing as Australia, New Zealand, and the Malay (Fairm.), Earias fabia (Stoll), Elsinoe embryos capable of developing into new Archipelago. batatas (Saw.) Viegas and Jenkins, plants by germination. (m) Far East. The countries of East Uredo dioscoreae-alatae Rac., Cercospora (c) Fresh fruits and vegetables. The and Southeast Asia; including Japan, batatae Zimm., Coniothyrium sp., Phyl- edible, more or less succulent, portions of Korea, Taiwan, the northeastern prov­ losticta colocasiophila Weed., Xantho­ food plants in the raw or unprocessed inces of Manchuria, the Philippines, monas vasculorum (Cobb) Dowson, state. Indo-China, and India. Rhabdoscelus obscurus (Boisd.), Neo- (d) Cotton and cotton covers. Any § 318.82—2 Movement of regulated arti­ maskellia bergii (Sign.), Pyrausta nu- parts or products of plants of the genus cles. bilalis (Hbix), Physoderma zeae-maydis Gossypium, including seed cotton; cot­ (a) Plants, plant products, and other Shaw, Leptocorisa acuta (Thunb.), Ado- tonseed; cotton lint, linters, and other articles designated in § 318.82 may be retus sinicus Burm., and •Holotrichia forms of cotton fiber (not including yarn, moved from Guam into or through any mindanaona Brenske, as well as other thread, and cloth) ; cottonseed hulls, other State, Territory, or District of the plant pests, and Guam is hereby quaran­ cake, meal, and other cottonseed prod­ United States only if, in the case of arti­ tined because of such insect infestations ucts except oil; cotton waste, including cles other than soil, they meet the strict­ and diseases and other plant pests, and gin waste and thread waste; and any est plant quarantine requirements for regulations are prescribed in this sub­ other unmanufactured parts of cotton part governing the movement of car­ plants; and secondhand burlap and other similar articles offered for entry into such riers of these pests. fabrics, shredded or otherwise, which State, Territory, or District from Oceania (b) No plants or parts thereof capable have been used, or are of the kinds ordi­ or the Far East under Part 319 or 321 of of propagation; seeds; fruits or vege­ narily used, for containing cotton, grains this chapter, except requirements for tables; cotton or cotton covers; sugar­ (including grain products), field seeds, permits, foreign inspection certificates, cane or parts or by-products thereof; agricultural roots, rhizomes, tubers, or notices of arrival, and notices of ship­ cereals; cut flowers; or packing ma- other underground crops. ment from port of arrival, and in the case Wednesday, July 22, 1959 FEDERAL REGISTER 5821 of soil if it meets the requirements of PART 318— TERRITORIAL (1) Peel of fruits of all genera, species, § 330.300 of this chapter. If such similar QUARANTINE NOTICES and varieties of the subfamilies Auran- articles cannot be imported into the tioideae, Rutoideae or Toddalioideae of particular State, Territory, or District PART 319— FOREIGN QUARANTINE the botanical family Rutaceae. from Oceania or the Far East under NOTICES (2) Cut flowers, as defined in either Part 319 or 321 of this chap­ § 318.13-1 (c). ter, the interstate movement of the arti­ Administrative Instructions Relating to (3) All fruits and vegetables desig­ cles from Guam into or through such Interstate Movements or Importa­ nated in § 318.13-2(b). State, Territory or District shall be sim­ tions Into Guam (4) Bitter melons, Cavendish bananas, ilarly prohibited. Plants, plant products, and zucchini squash. and other articles moved from Guam into . The Director of the Plant Quarantine (b) Section 318.13-13 shall not apply or through any other State, Territory or Division has found that existing condi­ with respect to the movement of surface District of the United States shall be tions as tp the pest risk involved in the or air traffic from Hawaii to Guam. subject to inspection at the port of first importation into Guam or the interstate arrival in another part of the United movement thereto from other parts of § 318.16a Administrative instructions States to determine whether they are the United States, of various plants, and interpretation relating to move­ free of plant pests and otherwise meet plant products, and other articles, to ment to Guam of bagasse and related the requirements applicable to them which certain regulations in 7 CFR, as sugarcane products. under this subpart, and shall be subject amended, Parts 318 and 319 apply, make Bagasse and related sugarcane prod­ to release, in accordance with § 330.105 it safe to modify, by making less strin­ ucts have been so processed that, in the (a) of this chapter as if they were for­ gent, certain requirements of the regula­ judgment of the Department, their eign arrivals. Such articles shall be re­ tions, as specified below. It is also movement from Hawaii into or through leased only if they meet all applicable deemed advisable to publish interpreta­ Guam will involve no pest risk, and they requirements under this subpart. tions with respect to the application to may be so moved without permit or (b) A release may be issued orally by Guam of certain other provisions of the other restriction under this subpart, if the inspector when inspection of small regulations, as set out below. they are made available for inspection quantities of regulated articles is in­ Pursuant to the authority conferred upon request by an inspector of the De­ volved except that a release issued in upon the Director of the Plant Quaran­ partment in Hawaii or in Guam. If specific cases pursuant to the proviso in tine Division by the proviso in the upon inspection they are found to be in­ § 318.82 shall be in writing. Hawaiian Fruit and Vegetable Quaran­ fected, infested, or contaminated with (c) The appropriate provisions of Part tine (7 CFR 318.13, as amended, 23 F.R. any plant pest and are not subject to dis­ 352 of this chapter are hereby made 7165, 9830) ; the proviso in the Terri­ posal under this part, disposition may applicable to the safeguarding of regu­ torial Sugarcane Quarantine (7 CFR be made in accordance with § 330.106 of- lated articles from Guam temporarily in 318.16, as amended, 23 F.R. 9830) ; the this chapter. parts of the United States other than proviso in the Territorial Cotton, Cotton­ seed, and Cottonseed Products Quaran­ § 318.47a Administrative instructions Guam, when landing therein is not in­ relating to Guam. tended or landing has been refused in tine (7 CFR 318.47, as amended, 23 F.R. 7165, 9830) ; the proviso in the For­ • The plants, products and articles accordance with this subpart. The eign Cotton and Covers Quarantine (7 specified in § 318.47(c) may be moved movement of plant pests, means of con­ CFR 319.8, as amended, 23 F.R. 7165) ; from Hawaii into or through Guam with­ veyance, plants, plant products, and the proviso in the Foreign Sugarcane out restriction under this subpart. other products and articles from Guam Quarantine (7 CFR 319.15, as amend­ into or through any other State, Terri­ ed1) ; the proviso in the quarantine on § 319.8a Administrative instructions re­ tory, or District is also regulated by Part Indian Com or Maize and Related Plants lating to the entry of cotton and 330 of this chapter. (7 CFR 319.24, as amended, 23 F.R. covers into Guam. 7165) ; the proviso in the European Com The plants and products specified in § 318.82—3 Costs. Borer Quarantine (7 CFR 319.41, as § 319.8(a) may be imported into Guam All costs incident to the inspection, amended, 23 F.R. 7165) ; the proviso in without further permit, other than the handling, cleaning, safeguarding, treat­ the Rice Quarantine (7 CFR 319.55, as authorization contained in this para­ ing, or other disposal of products or amendeda) ; the proviso in the Fruit and graph. Sections 319.8-2 and 319.8-3 articles under this subpart, except for Vegetable Quarantine and § 319.56-2 of shall not be applicable to such importa­ the services of an inspector during the regulations under said quarantine (7 tions. In addition, such importations regularly assigned hours of duty and at CFR and 1957 Supp., 319.56 and 319.56-2, need n o t comply with the requirements the usual places of duty, shall be borne as amended, 23 F.R. 7165) ; the proviso of § 319.8-4 relating to notice of arrival by the owner. in the Flag Smut Quarantine (7 CFR inasmuch as there is available to the in­ 319.59, as amended, 23 F.R. 7165) ; and spector the essential information nor­ ■piis quarantine and the related regu­ the proviso in the Packing Materials mally supplied by the importer at the lations shall be effective on August 21. Quarantine (7 CFR 319.69, as amend­ time of importation. Sections 319.8-5 1959. ed1) ; and by other delegation of author­ through 319.8-27 shall not be applicable The purpose of the quarantine and ity (22 F.R. 2679) ; under sections 1, 5, 7, to importations into Guam. Inspection supplemental regulations is to prevent 8, and 9 of the Plant Quarantine Act of of such importations may be made under 1912, as amended (7 U.S.C. 154, 159, 160, the general authority of § 330.105(a) of the spread of dangerous insect infesta­ 161,162), this document is issued to con­ this chapter. If an importation is found tions, plant diseases, and other plant stitute administrative instructions and infected, infested, or contaminated with pests from Guam, where they are known interpretations of regulations, including any plant pest and is not subject to dis­ to occur, to other parts of the United provisions to appear in 7 CFR 318.13a, posal under this part, disposition may be States. The regulations provide meth­ 318.16a, 318.47a, 319.8a, 319.15a, 319.24a, made in accordance with § 330.106 of this ods, when feasible, whereby host mate­ 319.41a, 319.55a, 319.56a, 319.59a, and chapter. rial may be treated or otherwise made 319.69a, as follows; § 319.15a Administrative instructions eligible for interstate movement from § 318.13a Administrative instructions and interpretation relating to entry Guam. relating to the movement from into Guam of bagasse and related Done at Washington, D.C., this 17th Hawaii to Guam of specified articles. sugarcane products. day of July 1959. (a) The following fruits, vegetables, Bagasse and related sugarcane prod­ ucts have been so processed that, in the [seal] M. R. Clarkson, and other products may be moved from Hawaii into or through Guam without judgment of the Department, their im­ Acting Administrator, certification or other restriction under portation intb Guam will involve no pest Agricultural Research Service. this subpart: risk, and they may Jbe imported into (PR. Doc. 59-6034; Piled, July 21, 1959; Guam without further permit, other 8:52 a.m.] *See F.R. Document 59-6036, infra. than the authorization contained in this 5822 RULES AND REGULATIONS paragraph. Such importations may be entry shall be Agana or such other port (c) The provisions of §§ 319.56-2a and made without the submission of a notice as may be satisfactory to the inspector. 319.56-2b shall .not apply to chestnuts of arrival inasmuch as there is available Such importations may be made without and acorns imported into Guam and they to the inspector the essential informa­ the submission of a notice of arrival shall be enterable without further per­ tion normally supplied by the importer inasmuch as there is available to the mit, other t^an the authorization con­ at the time of importation. Inspection inspector the essential information nor­ tained in this paragraph, and without of such importations may be made under mally supplied by an importer at the other restriction und^r this subpart, in the general authority of § 330.105(a) of time of importation. The requirements accordance with the second paragraph of this chapter. If an importation is found of §§ 319.55-6 and 319.55-7 shall not § 319.56-2. Inspections of such impor­ infected, infested, or contaminated with apply. Inspections of such importations tations may be made under the general any plant pest and is not subject to dis­ may be made under the general authority authority of § 330.105(a) of this chap­ posal under this part, disposition may be of § 330.105(a) of this chapter. If an ter. If an importation is found infected, made in accordance with § 330.106 of this importation is found infected, infested, infested, or contaminated with any plant chapter. or contaminated by any plant pest and is pest and is not subject to disposal under not subject to disposal under this part, this part, disposition may be made in § 319.24a # Administrative instructions disposition may be made in accordance accordance with § 330.106 of this relating to entry of corn into Guam. with § 330.106 of this chapter. chapter. Corn may be imported into, Guam (d) Coconuts are not approved for without further permit, other than the § 319.56a Administrative instructions entry into Guam from the Trust Ter­ authorization contained, in this section and interpretation relating to entry into Guam of fruits and vegetables ritory under § 319.56. but subject to compliance with § 319.24-3. under § 319.56. (e) Application of the provisions of Such imports need not comply with the §§ 319.56-2d, and 319.56-2Í to 319.56-2m, notice of arrival requirements of (a) Only the following fruits and veg­ inclusive, is impracticable in the case of § 319.24-4 inasmuch as information etables may be imported into Guam and trafile into Guam and therefore such equivalent to that in a notice of arrival they shall be subject to the requirements application is withdrawn. The fruits is available to the inspector from another of this subpart as modified by this and vegetables which are the subject of ‘source. Section 319.24-5 shall not be section. said provisions are not enterable into applicable to importations of corn into (1) All fruits and vegetables from the Guam except as they are now, or may Guam. Such importations shall be sub­ Marianas Islands, Bonin Islands, Vol­ later be, listed in paragraph (a) of this ject to inspection at the port of entry. cano Inlands, and Ryukyu Islands; section. Yams are included in the list­ Corn found upon inspection to contain (2) All fruits-and vegetables from the ings in (a) (1) and (2) of this section. disease infection will be subject to steril­ Caroline Islands, except bananas and (f) Baskets or other containers made ization in accordance with methods se­ citrus fruits, and except taro from the of coconut fronds are not approved for lected by the inspector from administra­ Palau and Yap districts (the excepted use as containers for fruits and vege­ tively authorized procedures known to be products are not approved for entry into tables imported into Guam. Fruits and effective under the conditions in which Guam under § 319.56); vegetables in such baskets or containers applied. (3) Stone and pome fruits, celery, let­ offered for importation into Guam will tuce, melons, watermelons, citrus fruits, § 319.41a Administrative instructions not be regarded as meeting the require­ tomatoes, potatoes, grapes, and bell ment of the first paragraph of § 319.56-2. relating to entry into Guam o f broom- peppers from Japan and Korea; corn, brooms, and similar articles. (4) Leafy vegetables, celery, and pota­ § 319.59a Administrative instructions (a) Broomcorn fo r manufacturing toes, from the Philippine Islands; relating to the entry into Guam of purposes, and brooms and similar articles (5) Celery, lettuce, and potatoes, from wheat straw, hulls, and chaff. made of broomcorn may be imported into Australia; Wheat straw, hulls, and chaff may be Guam without further permit, other (6) Celery, chives, garlic, leek, onions, imported into Guam without further per­ than the authorization contained in this arrowroot, kale, cow-cabbage, cauli­ mit, other than the authorization con­ section, and without other restriction- flower, broccoli, cabbage, sprouts, as­ tained in this section, and without other under this subpart. Notice of arrival for paragus, Portuguese cabbage, cassava, restriction under this subpart. Notice such importations is not necessary inas­ dasheen, gingerroot, horseradish, kudzu, of arrival for such importations is not much as there is available to the inspec­ lettuce, turnip, udo, waterchestnut, necessary inasmuch as there is available tor the essential information normally watercress, waterlilyroot, and yam bean to the inspector the essential informa­ supplied by the importer at time of im­ root, from Formosa; tion normally supplied by the importer portation. Inspection of such importa­ (7) Lettuce from Netherlands New at the time of importation. Inspection tions may be made under the general Guinea; of such importations may be made under authority of § 330.105(a) of this chapter. (8) Celery, lettuce, loquats, persim­ the general authority of § 330.105(a) of If an importation is found infected, in­ mons, tomatoes, and stone fruits, from this chapter. If an importation is found fested, or contaminated with any plant New Zealand; infected, infested, or contaminated by pest and is not subject to disposal under (9) Celery and lettuce, from Thai­ any plant pest and is not subject to dis­ this part 319, disposition may be made in land; posal under this part, disposition may be accordance with § 330.106 of this chapter. (10) Green corn on the cob; made in accordance with § 330.106 of (b) Shelled corn and seeds of other (11) All other fruits and vegetables this chapter. plants listed in § 319.41, and mature corn administratively approved for .entry into § 319.69a Administrative instructions on the cob, may be imported into Guam any other part or port of the United. and interpretation relating to the without further permit, other than the States, except those for which a treat­ entry into Guam of plant materials authorization contained in this section, ment is specified as a condition of entry specified in § 319.69. and without other restriction under this and except any which are now, or may subpart, but such importations are sub­ subsequently be, specifically designated (a) Plants and products designated in in this section as not approved. §§ 319.69(a) (1), (3), (4), and (5) and ject to the requirements of § 319.3t-4(a). (b) (1), (3), and (4) as prohibited or (c) Green corn on the cob may be (b) The inspector in Guam may, in his judgment, accept an oral application restricted entry into the United States imported into Guam without restriction and issue an oral permit for products from the countries and localities named under this subpart, but such importa­ within paragraph (a) of this section, may be imported into Guam as packing tions are subject to the requirements of which shall be deemed to fulfill the re­ materials without prohibition or restric­ § 319.56-2. quirements of §§ 319.56-3 and 319.56-4. tion under this subpart. Inspection of such importations may be made under § 319.55a Administrative instructions He may waive the documentation re­ the general authority of § 330.105(a) of relating to entry o f rice straw and rice quired in § 319.56-5 for such products hulls into Guam. this chapter. If an importation is whenever he shall find that information found infected, infested, or contami­ Rice straw and rice hulls may be available from other sources meets the nated with any plant pest and is not imported into Guam without further requirements under this subpart for the subject to disposal under this part, dis­ permit, other than the authorization information normally supplied by such position may be made in accordance contained in this paragraph. The port of documentation. with § 330.106 of this chapter. Wednesday, July 22, 1959 FEDERAL REGISTER 5823

(b) Corn and allied plants listed in hereby further amended in the following § 319.56—2a Permits required for entry § 319.69(a) (2) may be imported into respects: of chestnuts and acorns and certain coconuts. Guam subject to the requirements of § 319.12 [Amendment] §§ 319.69-2, 319.69-3, and 319.69-4. It has been determined that the dry­ (c) Under § 319.69(a) (6) and (7), co­ 1. Section 319.12 is amended by adding ing and processing of chestnuts and conut fronds and other parts of the co­ at the end of the first paragraph a pro­ acorns, and of coconuts imported into conut trees are prohibited entry into viso to read: “Provided, That this pro­ Guam from the Trust Territory, may Guam as packing materials except as hibition shall not apply to importations not entirely eliminate risk of spread of permitted in § 319.37-16a. into Guam of the seeds of the avocado or alligator pear 4aut such importations are injurious insects. Therefore, notice is (Secs. 1, 5,'7, 8, 9, 37 Stat. 315, 316, 317, 318, hereby given that chestnuts and acorns as amended; 7 U.S.C. 154,159,160, 161,162) subject to the requirements of § 319.37- of all varieties and species may be im­ 4(b).” The foregoing provisions shall become ported into any part of the United States effective August 21, 1959. § 319.15 [Amendment] from any foreign country and coconuts These provisions supplement amend­ 2. Section 319.15 is amended by adding may be imported into Guam from the ments of certain quarantines and regu­ at the end of the first paragraph another Trust Territory, only under permit lations in 7 CFR, Chapter III, effective ' proviso to read : “Provided, further, That and upon compliance with the safe­ concurrently with this document. Such whenever the Director of the Plant guards prescribed therein pursuant to provisions have been adopted after a Quarantine Division shall find that § 319.56-2. thorough study of the plant quarantine existing conditions as to pest risk in­ § 319.69 [Amendment] needs of Guam, made by the Division of volved in the importation of bagasse and 7. Section 319.69 is amended by add­ Plant Quarantine, Agricultural Research related sugarcane products into Guam, ing after subparagraph (b) (5) another Service, and a representative of the Gov­ make it safe to modify by making less subparagraph to read: ernment of Guam. They incorporate stringent the restrictions of this section into the Federal-plant quarantine struc­ with respect to such importation, he shall However, whenever the Director of the ture the plant quarantine requirements publish such finding in administrative Plant Quarantine Division shall find that and prohibitions previously enforced by instructions, specifying the, manner in existing conditions as to pest risk in­ the Government of Guam to the extent which the restrictions shall be made less volved in the movement of the articles warranted by plant pest conditions in stringent and imposing such conditions to which the regulations supplemental relation to normal trade patterns. on such importation as he deems neces­ hereto apply, make it safe to modify, by Among other things they interpret the sary to carry out the purposes of this making less stringent, the restrictions Federal regulations as precluding impor­ section, whereupon such modification contained in any of such regulations, he tations into Guam of coconuts from the shall become effective.” shall publish such findings in adminis­ trative instructions, specifying the man­ Trust Territory, and certain other prod­ § 319.19 [Amendment] ucts. They also afford relaxation of ner in which the regulations shall be prohibitions and restrictions that are 3. Section 319.19 is amended by add­ made less stringent, whereupon such applicable to importations into the re­ ing thereto a new paragraph (d) to read: modification shall become effective; or mainder of the United States but which (d) This prohibition shall not applyhe may, when the public interests will are not needed to protect Guam because to importations into Guam of the plants permit, with respect to the importation of its remoteness or because of the oc­ and plant parts designated in paragraph of such articles into Guam, upon request currence of certain plant pests on that (b) of this section but such importations in specific cases, authorize such impor­ Island. are subject to the requirements of tation under conditions, specified in the § 319.37-6. permit to carry out the purposes of this Done at Washington, D.C., this 17th subpart, that are less stringent than day of July 1959. § 319.34 [Amendment] those contained in the regulations. [seal] C. P. R eagan, 4. Section 319.34 is amended by add­ § 319.70 [Amendment] Director, ing at the end of the second paragraph Plant Quarantine Division. 8. Section 319.70 is amended by add­ another proviso to read: “Provided, fur­ ing at the end* of the first paragraph a [F.R. Doc. 59-6035; Filed, July 21, 1959; ther, That this prohibition shall not proviso to read: “Provided, That this 8:52 a.m.] apply to importations into Guam pf the prohibition shall not apply to importa­ bamboo seeds, plants, or cuttings desig­ tion into Guam of the products desig­ nated in this paragraph but such impor­ nated in this section, but such importa­ tations are subject to the requirements tions of elm plants and parts thereof PART 319— FOREIGN QUARANTINE of §§ 319.37-4(b) and 319.37-6.” and seeds, for propagation, are subject NOTICES § 319.55 [Amendment] to the requirements of §§ 319.37-4 (b) 5. Section 319.55 is amended by add­ and 319.37-6.” PART 321— RESTRICTED ENTRY ing at the end of the third paragraph a ORDERS § 321.3 [Amendment] proviso to read: “Provided, That when­ 9. Section 321.3 is amended by adding PART 352— TREATMENT OF RE­ ever the Director of the Plant Quaran­ tine Division shall find that existing at the end of the first paragraph another STRICTED OR PROHIBITED PLANTS conditions as to pest risk involved in the proviso to read: “Provided further, That OR PLANT PRODUCTS TEMPO­ importation of the articles to which the the restrictions in this subpart shall not RARILY IN UNITED STATES regulations supplemental hereto apply, apply to the importation of potatoes into make it safe to modify, by making less Guam, but such importations are subject Guam stringent, the restrictions contained in to the requirements of § 319.56-2.” On April 15, 1958, there was published any of such regulations, he shall pub­ § 352.1 [Amendment] in the Federal R egister (23 F.R. 2428), lish such findings in administrative in­ 10. Section 352.1 is amended by add­ notice of proposed amendments of 7 CFn, structions, specifying the manner in ing at the end thereof a new paragraph Chapter III, as amended, to correlate the which the regulations shall be made less to read: quarantines, regulations, and orders stringent, whereupon such modification therein with a current extension of plant shall become effective; or he may, when Whenever the Director of the Plant quarantine operations in Guam. Subse­ the public interests will permit, with Quarantine Division shall find that exist­ quently certain amendments were pro­ respect to the importation of such ar­ ing conditions as to pest risk involved in mulgated (23 F.R. 7163) pursuant to the ticles into Guam, upon request in spe­ the handling of plants and plant prod­ cific cases, authorize such importation ucts temporarily in the United States, notice. After further consideration of all under conditions, specified in the per­ make it safe to modify, by making less relevant matters and under the authority mit to, carry out the purposes of this stringent, the restrictions contained in of sections 1, 5, 7, and 9 of the Plant subpart, that are less stringent than any of such regulations, he shall publish Quarantine Act of 1912, as amended (7 those contained in the regulations.” such findings in administrative instruc­ U.S.C. 154, 159, 160, 162), the provisions 6. Section 319J>6-2a is amended to tions, specifying the manner in which m 7 CFR, Chapter III, as amended, are read: the regulations shall be made less strin- 5824 RULES AND REGULATIONS gent, whereupon such modification shall the handling of Valencia oranges grown trary to the public interest to give pre­ become effective; or he may, when the in Arizona and designated part of Cali­ liminary notice, engage in public rule- public interests will permit, with respect fornia, effective under the applicable making procedure, and postpone the ef­ to the handling of such plants and plant provisions of the Agricultural Marketing fective date of this amendment until 30 products in Guam, upon request in speci­ Agreement Act of 1937, as amended (7 days after publication thereof in the fic cases, authorize such procedure under U.S.C. 601 et seq.; 68 Stát. 906, 1047), F ederal R egister ,(60 Stat. 237; 5 U.S.C. conditions, specified in the permit to and upon the basis of the recom­ 1001 et seq.) in that, as hereinafter set carry out the purposes of this subpart, mendation and information submitted forth, the time intervening between the that are less stringent than those con­ by the Valencia Orange Administrative date when information upon which this tained in.the regulations. Committee, established under the said amendment is based became available (Secs. 1, 5, 7, 9, 37 Stat. 315, 316, 317, 318, as marketing agreement and order, as and the time when this amendment must amended; 7 U.S.C. 154, 159, 160, 162) amended, and upon other available in­ become effective in order to effectuate formation, it is hereby found that the the declared policy of the act is insuf­ The foregoing amendments shall be­ limitation of handling of such Valencia ficient; a reasonable time is permitted, come effective August 21, 1959. oranges as hereinafter provided will under the circumstances, for preparation These amendments supplement' the tend to effectuate the declared policy of for such effective time; and good cause amendments of 7 CFR, Chapter III, ef­ the act. exists for making the provisions hereof fective October 18, 1958 (7 CFR, 1958 2. It is hereby further found that it iseffective not later than the date herein­ Supp., 319.12, 319.15, 319.19, 319.34, impracticable and contrary to the public after set forth. A reasonable determina­ 319.55, 319.56, 319.56-2, 319.69, 319.70, interest to give preliminary notice, en­ tion as to the time of maturity of 321.1, 352.1), and contain refinements gage in public rule-making procedure, avocados must await the development of of details to correlate and carry out the and postpone the effective date of this the crop thereof, and adequate informa­ intent of the original amendments. The amendment until 30 days after publica­ tion thereon was not available to the amendments herein have been adopted tion hereof in the F ederal R egister (60 Avocado Administrative Committee un­ after a thorough study of the plant quar­ Stat. 237; 5 U.S.C. 1001 et seq.) because til July 14, 1959; a determination as to antine needs of Guam made by the Divi­ the time intervening between the date the time of maturity of the varieties of sion of Plant Quarantine, Agricultural when information upon which this avocados covered by this amendment was Research Service, and a representative amendment is based became available made at the meeting of said committee of the Government of Guam. The and the time when this amendment must on July 14, 1959, after consideration of amendments provide for the incor­ become effective in order to effectuate all available information relative to such poration into the Federal plant quar­ the declared policy of the act is insuf­ maturity and growing conditions pre­ antine structure of the plant quarantine ficient, and this amendment relieves re­ vailing during the current season for restrictions and prohibitions previously striction on the handling of Valencia such avocados, at which time the recom­ enforced by the Government of Guam, oranges grown in Arizona and designated mendations and supporting information to the extent warranted by plant pest part of California. for such maturity regulation were sub­ conditions in relation to normal trade Order, as amended. The provisions in mitted to the Department;. such meeting patterns. paragraph (b) (1) (ii) of § 922.473 (Va­ was held to consider recommendation for The amendments include coconuts lencia Orange Regulation 173, 24 F.R. such regulation after giving due notice from the Trust Territory within the class 5593, 5751) are hereby further amended thereof, and interested parties were af­ of products which cannot be imported to read as follows: forded an opportunity to submit their into Guam except under permit under (ii) District 2: 877,800 cartons. views at this meeting; the provisions of § 319.56-2. This in effect precludes this section are identical with the afore­ such importations inasmuch as such co­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. said recommendations of the committee conuts cannot meet the conditions im­ 601-674) and information concerning such provi­ posed under § 319.56-2 for issuancfe of Dated: July 17,1959. sions has been disseminated among the permits. handlers of avocados; and compliance The amendments also afford relaxa­ S. R. Smith, with the provisions of this section will tion of prohibitions and restrictions that Director, Fruit and Vegetable not require of handlers any preparation are applicable to importations into the Division, Agricultural Market­ thqyefor which cannot be completed by remainder of the United States but ing Service. the effective time hereof. which are not needed to protect Guam [F.R. Doc 59-5993; Filed, July 21, 1959; It is, therefore, ordered, That the pro­ because of its remoteness or because of 8:46 a.m.] visions of paragraph (b) of § 989.318 (24 the occurrence of certain plant pests on F.R. 4050, 4827) are hereby amended as that Island. follows: Done at Washington, D.C., this 17th 1. Delete subparagraph (1), redesig­ day of July 1959. [Avocado Order 18, Amdt. 2] nate subparagraph (2) as subparagraph (1), and amend said redesignated sub- [seal] M. R. Clarkson, PART 969— AVOCADOS GROWN IN paragraph (1) by adding to Table I ap­ Acting Administrator,. SOUTH FLORIDA pearing therein the varieties Trapp, Agricuttural Research Service. Peterson, Pinelli, Tonnage, and Blair, so [F.R. Doc. 59-6036; Filed, July 21, 1959; Limitation of Shipments that after such addition said redesig­ 8:52 a.m.] Findings. (1) Pursuant to the mar­ nated subparagraph (1) shall read as keting, agreement, as amended, and follows: Order No. 69, as amended (7 CFR Part (1) After the effective time of this sec­ 969), regulating the handling of avo­ tion no handler shall handle any of the Chapter IX— Agricultural Marketing cados grown in south Florida, effective varieties of avocados listed in Column 1 Service (Marketing Agreements and under the applicable provisions of the of the following Table I prior to the date Orders), Department of Agriculture Agricultural Marketing Agreement Act listed for the respective variety in Col­ of 1937, as amended (7 U.S.C. 601-674), umn 2 of such table; and during the SUBCHAPTER A— MARKETING ORDERS and upon the basis of the recommenda­ period from 12:01 a.m., e.s.t., of such date [Valencia Orange Reg. 173, Arndt. 2] tions of the Avocado Administrative and 12:01 a.m., e.s.t,, of the date listed Committee, established under the afore­ for the respective variety in Column 4 PART 922— VALENCIA ORANGES said marketing agreement and order, and GROWN IN ARIZONA AND DES­ upon other available information, it is of such table, no handler shall handle IGNATED PART OF CALIFORNIA hereby found that the limitation of han­ any avocados of-such variety unless the dling of avocados, as hereinafter pro­ individual fruit weighs at least the Limitation of Handling vided, will tend to effectuate the declared ounces specified for the respective variety Findings., 1. Pursuant to the market­ policy of the act. in Column 3 of such table or is at least ing agreement and Order No. 22, as (2) It is hereby further found that itthe diameter specified for such variety in amended (7 CFR Part 922), regulating is impracticable, unnecessary, and con­ said Column 3. Wednesday, July 22, 1959 FEDERAL REGISTER 5825

T a b le I cept in accordance with the following fied weight and be less than the mini­ terms and conditions: mum specified diameter: Provided, That Minimum (i) No handler shall handle any such such avocados weigh not more than 2 Variety * Date weight or Date diameter variety prior to 12:01 a.m., e.s.t., of the ounces less than the applicable specified date listed for the respective variety in weight for the particular variety pre­ (1) (2) (3) (4) Column 2 of said Table II. scribed in such subparagraphs. Such (ii) During the period from 12:01 a.m., tolerances shall be on a lot basis, but not 6-29-59 12 ounces_____ 7-20-59 e.s.t., of the date listed for the respective to exceed double such tolerances shall be 3H e inches. 7-13-59 16 ounces....__ 8-17-59 variety in Column 2 of said Table II and permitted for an individual container in 394 a inches. 12:01 a.m., e.s.t., of the date listed for a lot. 7-20-59 8-17-59 3J4« inches. such variety in Column 4 of such table, (7) Each importation of avocados 7-20-59 8-17-59 no handler shall handle any avocados shall be made in conformance with the 3?4s inches. 7-27-59 8-24-59 of such variety unless the individual general regulations (Part 1060 of this 394« inches. ' fruit weighs at least the ounces or is at subchapter; 19 F.R. 7707, 8012) appli­ 8-17-59 12 ounces_____ 9-14-59 least the diameter specified for the re-, cable to the importation of listed com­ 324« inches. 8-24-59 9-21-59 spective variety in Column 3 of such modities and the requirements of this 394« inches. table. section. 8-31-59 9-21-59 9-14-59 12 ounces__ . . . 10- 5-59 (iii) Diming the period from 12:01 (b) Inspection by the Federal or Fed­ 394 6 inches. a.m., e.s.t., of the date listed for the re­ eral-State Inspection Service, or such 10- 5-59 10-26-59 spective variety in Column 4 of said other governmental inspection service Table n and 12:01 a.m., e.s.t., of the date as may be designated or approved by the 2. Insert a new Subparagraph (2)listed for such variety in Column 6 of Administrator, with appropriate evi­ reading as follows: such table, no handler shall handle any dence thereof in the form of an official avocados of such variety unless the in­ inspection certificate, issued by the re­ (2) After the effective time of this dividual fruit weighs at least the ounces spective service, applicable to the par­ section no handler shall handle any or is at least the diameter specified for ticular shipment of avocados, is required avocados of the varieties listed in the respective variety in Column 5 of on all imports of avocados pursuant to Column 1 of the following Table II ex- such table. § 1068.3 of this subchapter. (c) Inspection certificates shall cover T a ble II only the quantity of avocados that is being imported* at a particular port of Minimum weight or Minimum weight or Variety Date diameter Date diameter entry by a particular importer. Date (d) The inspection performed, and (1) (2) (3) (4) (5) (6) certificates issued, by the Federal or Fed­ eral-State Inspection Service shall be in Waldin ...... 8-24-59___ 9-7-59___ 9-28-59 394« inches. 394« inches. accordance with the rules and regula­ Booth 8...... i...... 9-28-59___ 16 ounces______10-19-59... 11-2-59^ tions of the Department governing the 3J4« inches. 344a inches. inspection and certification of fresh fruits, vegetables, and other products Effective time. The provisions of this 1959, unless the individual fruit in each (Part 51 of this title). The cost of any amendment shall become effective at lot of such avocados weighs at least 18 inspection and certification shall be 12:01 a.m., e.s.t., July 23, 1959. ounces. borne by the applicant therefor. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. (4) No avocados of the Trapp variety (e) Each inspection certificate issued 601-674) shall be imported prior to 12:01 a.m., with respect to any avocados to be im­ es.t., August 3, 1959; and during the ported into the United States shall set Dated: July 17, 1959. period beginning at 12:01 a.m., e.s.t., forth, among other things: S . R . S m i t h , August 3,1959, and ending at 12:01 a.m., (1) The date and place of inspection; Director, Fruit and Vegetable e.s.t., August 31,1959, the individual fruit (2) The name of the shipper, or ap­ Division, Agricultural Mar­ in each lot of such avocados shall weigh plicant; keting Service. at least 12 ounces or measure at least (3) The name of the importer (con­ IP.R. Doc. 59-6018; * Filed, July 21, 1959; 3%6 inches in diameter. signee) ; 8:49 a.m.] (5) No avocados of any variety other (4) The commodity inspected; than Pollock, Catalina, and Trapp shall (5) The quantity of the commodity be imported (i) prior to 12:01 a.m., e.s.t., covered by the certificate ; August 10, 1959, unless the individual (6) The principal identifying marks on the containers; SUBCHAPTER B— PROHIBITIONS OF IMPORTED fruit in each lot of such avocados weighs 'COMMODITIES at least 12 ounces; and (ii) during the (7) The railroad car initials and num­ period beginning at 12:01 a.m., e.s.t„ ber, the truck and trailer license number, PART 1067— AVOCADOS August 10,1959, and ending at 12:01 a.m., the name of the vessel, or other identifi­ cation of the shipment; and Prohibition on Importation e.s.t., August 25,1959, unless the individ­ ual fruit in each lot of such avocados (8) The following statement, if the § 1067.7 Avocado Regulation No. 7. weighs at least 10 ounces: Provided, That facts warrant: Meets U.S. import re­ (a) On and after the effective time ofany lot of such avocados may be imported quirements under section 8e of the Agri­ this section, the importation into the without regard to the minimum weight cultural Marketing Agreement Act of United States of any avocados is pro­ requirements of this subparagraph if the 1937. hibited except in accordance with the exterior seed-coat of the individual fruit (f) Notwithstanding any other pro­ following terms and conditions: is of a brown color characteristic of a vision of this section, any importation of (1) All avocados imported during the mature avocado, or if such avocados, avocados which, in the aggregate, does Period beginning at 12:01 a.m. e.s.t., July when mature, normally change color to not exceed 55 pounds may be imported 27,1959, and ending at 12:01 a.m., e.s.t., any shade of red or purple and any por­ without regard to the restrictions speci­ April 30, 1960, shall grade not less than tion of the skin of the individual fruit fied herein. U.S. No. 2. has changed to the color normal for (g) It is hereby determined, on the that fruit when mature. basis of the information currently avail­ (2) Avocados of the Pollock variety able, that the requirements set forth in shall not be imported prior to 12:01 a.m., (6) Notwithstanding the provisions of subparagraphs (2) through (5) of this this section are comparable to the ma­ e.s.t., August 3, 1959, unless the individ­ turity and quality regulations that are ual fruit in each lot of such avocados paragraph regarding the minimum being made applicable, prior to the ef­ weighs at least 16 ounces or measure at weight or diameter for individual fruit, fective time hereof, to shipments of least 3%6 inches in diameter. not to exceed 10 percent, by count, of the avocados grown in south Florida. . „ Avocados of the Catalina variety individual fruit contained in each lot (h) The provisions of Avocado Regu­ snail not be imported, prior to August 3, may weigh less than the minimum speci­ lation No. 6, as amended (§ 1067.6; 24 No. 142-----2 5826 RULES AND REGULATIONS F.R. 4134, 4829) are hereby terminated regulatory and statutory requirements: (3) That the fur product contains or as of the effective time of this section. Fur Products Labeling Act; § 13.1865 is composed of bleached, dyed or other­ (i) As used in this section, the termManufacture or preparations: Fur Prod­ wise artificially colored fur, when such “diameter” means the greatest dimen­ ucts Labeling Act; § 13.1886 Quality, is the fact; sion measured at right angles to a line grade or type of product. Subpart— (4) That the fur product is composed from the stem to the blossom end of the Using misleading name—Goods: in whole or in substantial part of paws, fruit; and the term “U.S. No. 2” shall § 13.2280 Composition: Fur Products tails, bellies, or waste fur, when such is have the same meaning as set forth in Labeling Act. the fact; the United States Standards for Florida (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret (5) The name, or other identification Avocados (§§ 51.3050 to 51.3069) of this or apply sec. 5, 38 Stat. 719, as amended; sec. issued and registered by the Commission, title. 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and of one or more persons who manufac­ desist order, The May Department Stores tured such fur product for introduction It is hereby found that it is impracti­ Company, St. Louis, Mo., Docket 7306, June into commerce, introduced it into com­ cable, unnecessary, and contrary to the 23,1959] merce, sold it in commerce, advertised public interest to postpone the effective This proceeding was heard by a hear­ or offered it for sale, in commerce, or time of this regulation beyond that transported or distributed it in com­ hereinafter specified (60 Stat. 237; 5 ing examiner on the complaint of the Commission charging a corporation op­ merce; U.S.C. 1001 et seq.) in that (i) the re­ (6) The name of the country of origin quirements of this import regulation are erating some 30 department stores throughout the United States, includ­ of any imported furs contained in a fur imposed pursuant to § 8e of the Agri­ product. cultural Marketing Agreement Act of ing stores in the Los Angeles metropoli­ tan area, with violating the Fur Products B. Setting forth on labels affixed to fur 1937, as amended (7 U.S.C. 601-674), products: (1) Information required which makes such regulation necessary; Labeling Act by failing to comply with the labeling, invoicing, and advertising under section 4(2) of the Fur Products (ii) compliance with this import regula­ Labeling Act and the rules and regula­ tion will not require any special prepara­ requirements; and, specifically, by adver­ tising in Los Angeles and other news­ tions promulgated thereunder, mingled tion which cannot be completed by the with non-required information; effective time hereof; (iii) notice hereof papers which failed to disclose the names of animals producing the fur in certain (2) Information required under sec­ in excess of 3 days, the minimum that is tion 4(2) of the Fur Products Labeling prescribed by said section 8e, is given products or the fact that some products contained artificially colored or cheap or Act and the rules and regulations pro­ with respect to this import regulation; mulgated thereunder in handwriting. and (iv) such notice is.hereby deter­ waste fur and named animals other than those producing some furs; which repre­ C. Failing to set forth the information mined, under the circumstances, to be required under section 4(2) of the Fur reasonable. sented prices as reduced from so-called regular prices which were in fact ficti­ Products Labeling Act and the rules and Dated, July 17, 1959, to become effec­ tious, illustrated higher priced prod­ regulations promulgated thereunder on tive at 12:01 a.m., e.s.t., July 27, 1959. ucts than those available at the adver­ one side of labels. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tised selling prices, and named the D. Failing to set forth the information 601-674) United States falsely as the country of required under section 4(2) of the Fur S. R. Smith, origin of imported furs; and by failing to Products Labeling Act and the rules and Director, Fruit and Vegetable keep adequate records as a basis for said regulations promulgated thereunder in Division, Agricultural Mar­ pricing claims. the required sequence. keting Service. 2. Falsely or deceptively invoicing fin: After acceptance of an agreement con­ products by: [F.R. Doc. 59-6017; Filed, July 21, 1959; taining consent order, the hearing ex­ A. Failing to furnish invoices to pur­ 8:49 a.m.] aminer made his initial decision and chasers of fur products showing: order to cease and desist which became (1) The name or names of the animal on June 23 the decision of the Commis­ or animals producing the fur or furs Title 16— COMMERCIAL sion. contained in the fur products as set forth The order to cease and desist is as in the Fur Products Name Guide and as follows: prescribed under the rules and regula­ PRACTICES It is ordered, That The May Depart­ tions; Chapter I— Federal Trade Commission ment Stores Company, a corporation, (2) That the fur product contains or [Docket 7306 c.o.] and its officers, and respondent’s rep­ is composed of used fur, when such is the resentatives, agents and employees, di­ fact; PART 13— DIGEST OF CEASE AND rectly or through any corporate or other (3) That the fur product contains or DESIST ORDERS device, in connection with the introduc­ is composed of bleached, dyed or other­ May Department Stores Co. tion into commerce, or the sale, adver­ wise artificially colored fur, when such tising, or offering for sale in commerce; is the fact; Subpart—Advertising falsely or mis­ or the transportation or distribution in (4) That the fur product is composed leadingly: § 13.30 Composition of goods: commerce of fur products, or in connec­ in whole or in substantial part of paws, Fur Products Labeling Act; § 13.95 Iden­ tion with the sale, advertising, offering tity of product: Fur Products Labeling for sale, transportation, or distribution tails, bellies or waste fur, when such is Act;x § 13.155 Prices: Exaggerated as reg­ of fur products which are made in whole the fact; ular and customary; fictitious marking; or in part of fur which has been shipped (5) The name and address of the per­ § 13.235 Source or origin: Place: Im ­ and received in commerce, as “com­ son issuing such invoice; ported products or parts as domestic. merce,” “fur” and “fur product” are de­ (6) The name of the country of origin Subpart—Invoicing products falsely: fined in the Fur Products Labeling Act, of any imported furs contained in a fur § 13.1108 Invoicing products falsely: Fur do forthwith cease and desist from: product; Products Labeling Act.' Subpart—Mis­ 1. Misbranding fur products by: (7) The item number or mark as­ branding or mislabeling: § 13.1212 For­ A. Failing to affix labels to fur prod­signed to a fur product. mal regulatory and statutory require­ ucts showing: B. Falsely or deceptively invoicing or ments: Fur Products Labeling Act. Sub­ (1) The name or names of the animal otherwise identifying fur products as to part—Misrepresenting oneself and or animals producing the fur or furs the name or names of the animal or goods—Prices: § 13.1805 Exaggerated as contained in the fur product as set forth animals that produced the fur from regular and customary; § 13.1810 Ficti­ in the Fur Products Name Guide and as which such product was manufactured. tious marking. Subpart—Neglecting, C. Setting forth information required unfairly or deceptively, to make material prescribed under the rules and regula­ disclosure: § 13.1845 Composition: Fur tions; under section 5(b) (1) of the Fur Prod­ Products Labeling Act; § 13.1852 Formal , (2) That the fur product contains or ucts Labeling Act and the rules and reg­ is composed of used fur, when such is the ulations promulgated thereunder in 1 New. fact; abbreviated form. Wednesday, July 22, 1959 FEDERAL REGISTER 5827 3. Falsely or deceptively advertising which it has complied with the order to cease and desist from representing, di­ fur products through the use of any ad­ cease and desist. rectly or by implication that: vertisement, representation, public an­ Issued: June 8, 1959. 1. Employment is offered by respond­ nouncement or notice which is intended ents when in fact the real purpose to aid, promote or assist, directly or in­ By the Commission. of respondents’ advertisements is to directly, in the sale, or offering for sale [seal] Robert M. Parrish, obtain purchasers for respondents’ of fur products, and which : Secretary. products. A. Fails to disclose : 2. The earnings or profits derived (1) The name or names of the animal [F.R, Doc. 59-6012; Filed, July 21, 1959; from the operation of respondents’ ma­ or animals producing the fur or furs con­ > 8:49 a.m.] chines are any amounts in excess of tained in the fur product, as set forth in those which have been, in fact, cus­ the Fur Products Name Guide, and as tomarily earned by operators of re­ prescribed under the rules and reg­ spondents’ machines. ulations ; [Docket 7413 c.o.] 3. The amount invested in respond­ (2) That the fur product contains or PART 13— DIGEST OF CEASE AND ents’ products is secured. is composed of bleached, dyed or other­ DESIST ORDERS 4. Purchasers are given exclusivo wise artificially colored fur, when such territory within which their machines is the fact; Midwest Industrial Supply, Inc., et al. may be placed for operation. (3) That the fur product is composed 5. It is necessary for a person to have in whole or in substantial part of paws, Subpart—Advertising falsely or mis­ a car or a satisfactory background in tails, bellies, or waste fur, when such is leadingly: § 1315 Business status, advan­ order to qualify for respondents’ offer. the fact; tages, or connections: Service; § 13.50 6. Surveys are made by respondents or (4) The name of the country of origin Dealer or seller assistance; § 13.60 Earn­ their agents in any locality or for any of any imported furs contained in a fur ings and profits; § 13.115 Jobs and em­ purpose. product. ployment service; § 13.130 Manufacture 7. Sales routes have previously been B. Sets forth the name or names of or preparation; § 13.195 Safety: Invest­ established for purchasers or that re­ any animal or animals other than the ment; § 13.205 Scientific or other rele­ spondents or their sales representatives name or names specified in section 5(a) vant facts; § 13.255 Surveys. Subpart— have obtained satisfactory locations, or (1) of the Pur Products Labeling Act. Misrepresenting oneself and goods— will obtain satisfactory locations for the C. Sets forth information required Business Status, advantages or connec­ machines after purchase or will re-locate under section 5(a) of the Fur Products tions: § 13.1553 Services; [Misrepresent­ said machines. Labeling Act and the rules and regula­ ing oneself and goods]—Goods: § 13.1608 8. The machines being sold by re­ tions promulgated thereunder in abbre­ Dealer or seller assistance; § 13.1615 spondents are of a certain structural viated form. Earnings and profits; § 13.1670 Jobs and design or of a certain capacity, unless D. Fails to set forth the term “Dyed employment; § 13.1740Scientific or other such is the fact. Mouton processed Lamb” in the manner relevant facts. 9. Respondents will repurchase or re­ required by law. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret sell the machines purchased from them. E. Sets forth the term “blended” as or apply sec. 5, 38 Stat. 719, as amended; 15 part of the information required under U.S.C 45) [Ceasp and desist order, Midwest By “Decision of the Commission”, etc., section 5(a) of the Fur Products Label­ Industrial Supply, Inc., et al., St. Paul, Minn., report of compliance was required as ing Act and the rules and regulations Docket 7413, June 20, 1959] follows: promulgated thereunder to describe the In the Matter of Midwest Industrial Sup­ It is ordered, That the respondents pointing, bleaching,,dyeing or tip-dyeing ply, Inc., a Corporation, and James herein shall, within sixty (60) days after of furs. Knudsen, Helen Knudsen, and Gordon service upon them of this order, file with F. Represents directly or by implica­ Bjurback, Individually and as Officers the Commission a report in writing set­ tion that the regular or usual price of any of Said Corporation ting forth in detail the manner and form fur product is any amount which is in This proceeding was heard by a hear­ in which they have complied with the ■ excess of the price at which respondent order to cease and desist. has usually and customarily sold such ing examiner on the complaint of the products in the recent regular course of Commission charging a St. Paul, Minn., Issued: June 1, 1959. business. / concern with Selling vending and radio By the Commission. G. Represents directly or by implica­ tube testing machines through false em­ tion that any such fur product is of a ployment offers in newspaper advertis­ [seal] R obert M. P arrish, higher grade, quality, or price than is the ing, exaggerated earnings claims, mis­ Secretary. fact, by means of illustrations or depic­ representations of exclusive territories [F.R. Doc. 59-6013; Filed, July 21, 1959; and established sales routes, assistance 8:49 a.m.] tions of higher priced products than to customers, etc. those actually available for sale at the After acceptance of an agreement advertised selling price. containing a consent order, the hearing 4. Falsely or deceptively advertising or examiner made his initial decision and Title 21— FOOD AND DRUGS otherwise identifying any such product order to cease and desist which be­ as to the name of the country of origin came on June 20 the decision of the Chapter I— Food and Drug Adminis­ of the fur contained in the fur product. Commission. tration, Department of Health, Edu­ 5. Making price claims and repre­ The order to cease and desist is as cation, and Welfare sentations of the types referred to in follows: Paragraph 3 F above unless there are s SUBCHAPTER C— DRUGS maintained by respondent full and ade­ It i§ ordered, That respondents Mid­ quate records disclosing the facts upon west Industrial Supply, Inc., a cor­ PART 130— NEW DRUGS which such claims or representations are poration, and its officers, and James Chlorothen Citrate Preparations; Ex­ based. Knudsen, Helen Knudsen and Gordon emption From Prescription-Dispens­ Bjurback, individually and as officers of By “Decision of the Commission”, etc., ing Requirements report of compliance was required as said corporation, and respondents’, follows: agents, representatives and employees, There was published in the F ederal directly or through any corporate or R egister of June 3, 1959 (24 F.R. 4518), It is ordered, That The May Depart- other device, in connection with the notice of a proposal to amend § 130.102 Stores Company, a corporation, offering for sale, sale or distribution of (a) for the purpose of exempting cer­ snail, within sixty (60) days after serv­ vending machines, tube testing machines tain chlorothen citrate preparations ie upon it of this order, file with the or any other products, in commerce, as from the prescription-dispensing re­ i'1°®mission a report in writing, setting “commerce” is defined in the Federal quirements of section 503(b)(1)(C) of lorth in detail the manner and form in Trade Commission Act, do forthwith the Federal Food, Drug, and Cosmetic 5828 RULES AND REGULATIONS Act. No comments having been filed Sec. 170.306 Separation of imported, domestic, within the 30-day period stipulated in Title 26— in tern al reven ue, and Virgin Islands liquors; sepa­ the above-identified notice, the amend­ rate claims for taxes and duties. ment set out below is ordered, effective V 1954 170.307 Claimant to furnish proof. 30 days from the date of publication in 170.308 Supporting evidence. the F ederal R egister, pursuant to au­ Chapter I— Internal Revenue Service, 170.309 Action on claims. Department of the Treasury thority vested in the Secretary of Health, Destruction of Liquors Education, and Welfare by the Federal SUBCHAPTER E— ALCOHOL, TOBACCO, AND 170.310 Supervision. Food, Drug, and Cosmetic Act (secs. 503, OTHER EXCISE TAXES 505, 701, 65 Stat. 649; 52 Stat. 1052, 1055, P enalties [T.D. 6400] as amended 72 Stat. 948; 21 U.S.C. 353, 170.311 Penalties. 355, 371) and delegated to the Commis­ PART 170— MISCELLANEOUS REGU­ sioner of Food and Drugs by the Secre­ Authority: §§ 170.301 to 311 issued under LATIONS RELATING TO LIQUOR sec. 7805, 68A Stat. 917; 26 U.S.C. 7805. Stat­ tary (21 CFR, 1958 Supp., 130.101(b)). utory provisions interpreted or applied are In § 130.102 Exemption for certain Losses Caused by Disaster cited to text in parenthesis. drugs limited "by new-drug applications to prescription sale, paragraph (a) is Miscellaneous Amendments § 170.301 Scope of subpart. amended by adding thereto the following On June 11,1959, a notice of proposed The regulations in this subpart pre­ new subparagraph (24): rule making with respect to the amend­ scribe the requirements necessary to im­ (24) Chlorothen citrate (chlorometha- ments of 26 CFR Part 170 was published plement section 5064, I.R.C., concerning pyrilene citrate; 2V,2V-dimethyl-lV'-(2- in the F ederal R egister (24 F.R. 4732). payments which may be made by the pyridyl) -N'- (5-chloro-2-thenyl) ethyl- No objection to the proposed amend­ United States of amounts equal to the enediamine citrate) preparations ments having been received during the internal revenue taxes paid or deter­ meeting all the following conditions: 15-day period prescribed in the notice, mined and customs duties paid on dis­ (i) The chlorothen citrate is prepared, the proposed regulations so published are tilled spirits, wines, rectified products, with or without other drugs, in tablet or hereby adopted subject to the following and beer previously withdrawn, which other dosage form suitable for oral use editorial change made to conform to a were lost, rendered unmarketable, or in self-medication, and containing no change in the designation of the inven­ condemned by a duly authorized official drug limited to prescription sale under tory forms prescribed by the notice: by reason of a “major disaster” occurring the provisions of section 503(b) (1) of the The second sentence of § 170.305 is in the United States after June 30, 1959. act. changed to read as follows: “The claim The provisions of this subpart shall not (ii) The chlorothen citrate and all shall state all the facts on which the be applicable in respect of distilled spir­ other components of the preparation claim is based, and shall have attached its, wines, rectified products, and beer meet their professed standards of thereto Form 2606, Inventory of Dis­ of Puerto Rican manufacture brought tilled Spirits Lost by Disaster, Form into the United States. identity, strength, quality, and purity. 2606-A, Inventory of Wipes -Lost by (iii) If the preparation is a new drug, § 170.302 Forms prescribed. an application pursuant to section Disaster, and Form 2606-B, Inventory of 505(b) of the act is effective for it. Beer Lost by Disaster, as the case may The7 Director, Alcohol and Tobacco (iv) The preparation contains not be, prepared in accordance with the Tax Division, is authorized to prescribe more than 25 milligrams of chlorothen instructions thereon.” all forms required by this part, including citrate per dosage unit. Because this Treasury decision imple­ applications, claims, records, and reports. (v) The preparation is labeled with ments and effectuates changes made in Information called for shall be furnished adequate directions for use in the tem­ chapter 51 of the Internal Revenue Code in accordance with the instructions on of 1954 by the Excise Tax Technical the forms, or issued in respect thereto. porary relief of the symptoms of hay Changes Act of 1958 (Public Law 85-859, fever and/or the symptoms of other D efinitions minor conditions in which it is indicated. 72 Stat. 1275) which become effective (vi) The ' dosages recommended or July 1, 1959, it is hereby found that it § 170.303 Meaning of terms. suggested in the labeling do not exceed: is impracticable and contrary to the pub­ When used in this subpart, where not For adults, 25 milligrams of chlorothen lic interest to issue this Treasury decision otherwise distinctly expressed or mani- citrate per dose or 150 milligrams of subject to the effective date limitation of , festly incompatible with the intent chlorothen citrate per 24-hour period; section 4(c) of the Administrative Pro­ thereof, terms shall have the meanings for children 6 to 12 years of age, one-half cedure Act (60 Stat. 238; 5 U.S.C. 1003). ascribed in this section. Words in the of the maximum adult dose or dosage. Accordingly, this Treasury decision shall plural shall include the singular, and vice (vii) The labeling bears, in juxtapo­ become effective July 1,1959. versa, and words importing the mascu­ sition with the dosage recommendations: Dana Latham, line shall include the feminine as well. (a) Clear warning statements against Commissioner of Internal Revenue. The terms “includes” and “including” do administration of the drug to children [seal] R alph K elly, not exclude things . not enumerated under 6 years of age or exceeding the Commissioner of Customs. which are in the same general class. recommended dosage, unless directed by Approved: July 16,1959. Alcoholic liquors, or “liquors’'. Dis­ a physician, and against driving a car or tilled spirits, wines, rectified products, F red C. Scribner, Jr., and beer, lost, rendered unmarketable, operating machinery while using the Acting Secretary of the Treasury. or condemned, as provided in this sub­ drug, since it may cause drowsiness. (b) "If the article is offered for the The following new subpart, Subpart O, part. is added to Part 170: Assistant regional commissioner. An temporary relief of symptoms of colds, assistant regional commissioner (alco­ a statement that continued administra­ Subpart O— Losses Caused by Dis­ hol and tobacco tax) who is responsible tion for such use should not exceed 3 aster After June 30, T959 to, and functions under the direction and days, unless directed by a physician. Sec. supervision of, a regional commissioner (Sec. 701, 52 Stat. 1055, as amended; 21 170.301 Scope of subpart.. of internal revenue. U.S.C. 371. Interprets or applies secs. 503, 170.302 Forms prescribed. Beer. Beer, ale, porter, stout, and 505, 52 Stat. 1052, 65 Stat. 649; 21 U.S.C. 353, Definitions other similar fermented beverages (in­ 355) 170.303 Meaning of terms. cluding sake or other similar products) of any name or description containing Dated: July 16,1959. ayments P one-half of 1 percent or more of alcohol [seal] G eo. P. Larrick, 170.304 Circumstances under which pay­ by volume on which the internal reve­ Commissioner of Food and Drugs. ment may be made. nue tax has been paid or determined, [F.R. Doc. 59-6009; Filed, July 21, 1959; Claims P rocedure and, if imported, on which duties have 8:48 a.m.} 170.305 Execution and filing of claim. been paid at the rate applicable thereto. Wednesday, July 22, 1959 FEDERAL REGISTER 5829 Claimant. The person who held the United States after June 30,1959. Pay­ statements, invoices, bills, records, labels, liquors for sale at the time of the disas­ ment may be made only if (a) at the formulas, stamps) that he is able to sub­ ter and who files claim under this sub­ time of the disaster, sucli liquors were mit, relating to the quantities and part. being held for sale by the claimant; (b) identities of liquors, on which duty has Commissioner. The Commissioner of refund or credit of the amount claimed been paid or tax has been paid or deter­ Internal Revenue. or any part thereof has not or will not mined, on hand at the time of the dis­ Commissioner of Customs. The Com­ be claimed for the same liquors under aster and averred to have been lost, missioner of Customs, Bureau of Cus­ any other provision of law or regulations ; rendered unmarketable, or condemned as toms, Treasury Department, Washing­ and (c) the claimant was not indemni­ a result thereof. If the claim is for re­ ton, D.C. fied by a valid claim of insurance or fund of duty the claimant shall furnish, Disaster. A flood, fire, hurricane, otherwise in respect of the tax, or tax if practicable, the customs number, the earthquake, storm, or other catastrophe and duty, on the liquors covered by the date of entry, and the name of the port occurring after June 30, 1959, (1) which claim. of entry. the President of the United States has Claims P rocedure determined under the Act of September § 170.309 Action on claims. 30, 1950 (64 Stat. 1109; 42 U.S.C. 1855). § 170.305 Execution and filing of claim. The assistant regional commissioner to be a “major disaster” as defined in Claims under this subpart shall be shall date stamp and examine each claim said act, and. (2) which occurred in a executed on Form 843 (Internal Rev­ filed under this subpart and will deter­ part of the United States in which disas­ enue) in accordance with such instruc­ mine the validity of the claim. Claims ter assistance by the Federal Govern­ tions thereon as are applicable, and filed and supporting data involving customs ment was authorized under 42 U.S.C. (original only) with the assistant re­ duties will be forwarded to the Commis­ Chapter 15 because of such catastrophe. gional commissioner of the internal rev-- sioner of Customs with a summary state­ Distilled spirits, or spirits. Ethyl al­ enue region in which the liquors were ment by the assistant regional commis­ cohol and other distillates, such as lost, rendered unmarketable, or con­ sioner regarding his findings. whisky, brandy, rum, gin, and vodka, on demned, within 6 months after the date Destruction of Liquors which the internal revenue tax has been on which the President makes the de­ paid or determined, and, if imported, termination that the disaster has oc­ § 170.310 Supervision. on which duties have been paid at the curred. The claim shall state all the When allowance has been made under rate applicable thereto. facts on which the claim is based, and this subpart in respect of the tax, or tax Duly authorized official. Any Fed­ shall have attached thereto Form 2606, and duty, on liquors condemned by a eral, State, or local government official in Inventory of Distilled Spirits Lost by duly authorized official or rendered un­ whom has been vested authority to con­ Disaster, Form 2606-A, Inventory of marketable, such liquors shall be de­ demn liquors made the subject of a claim Wines Lost by Disaster, and Form stroyed by suitable means under super­ under this subpart. 2606-B, Inventory of Beer Lost by Dis­ vision satisfactory to the assistant Duty or duties. Any duty or duties aster, as the case may be, prepared in regional commissioner, unless such liq­ paid under the customs laws of the accordance with the instructions there­ uors were previously destroyed under United States. on. The claim shall contain a statement supervision satisfactory to the assistant Rectified products. Liquors manufac­ that no claim for credit or refund has regional commissioner. The Commis­ tured by rectifying, purifying, refining, been or will be filed under any other sioner of Customs will notify the assist­ mixing, or blending distilled spirits or provision of law with respect to the ant regional commissioner as to allow­ wines and on which tax has been paid same liquors for the amount claimed or ance under this subpart of claims for or determined, and, if imported, on which any part thereof. duty in respect of unmarketable or con­ duty has been paid'. § 170.306 Separation of imported, do­ demned liquors. Tax. With respect to; (a) Unrecti­ mestic, and Virgin Islands liquors; (72 Stat. 1337; 26 U.S.C. 5064) fied distilled spirits, the internal revenue separate claims for taxes and duties. distilled spirits tax paid or determined P enalties thereon; (b) wines, the internal revenue If a claim involves taxes on domestic wine tax paid or determined thereon; liquors, imported liquors, and/or liquors § 170.311 Penalties. (c) rectified products, the internal rev­ of Virgin Islands manufacture, the Penalties are provided in sections 7206 enue distilled spirits tax, the rectification quantities of each must be shown sepa­ and 7207 of the Internal Revenue Code tax (if any), the cordial tax (if any), rately in the claim. A separate clainj on for the execution under the penalties of and the wine tax (if any), paid or deter­ Form 843 must be filed in respect of perjury of any false or fraudulent state­ mined thereon; and (d) beer, the in­ customs duties. ment in support of any claim and for the ternal revenue beer tax paid or deter­ § 170.307 Claimant to furnish proof. filing of any false or fraudulent docu­ mined thereon. ment under this subpart. All provisions United States. When used in a geo­ Tffie claimant shall furnish proof to the of law, including penalties, applicable in graphical sense includes only the States, satisfaction of the assistant regional respect of internal revenue taxes on dis­ the Territory of Hawaii, and the District commissioner regarding the following; tilled spirits, wines, rectified products, of Columbia. (a) That the tax on such liquors, or and beer, shall, insofar as applicable Wines. All still wines, effervescent the tax and duty if imported, was fully and not inconsistent with this subpart, wines, and flavored wines, on which in­ paid, or the tax, if not paid, was fully be applied in respect of the payments ternal revenue wine tax has been paid or determined ; provided for in this subpart to the same determined, and, if imported, on which (b) That such liquors were lost, extent as if such payments constituted duty has been paid. rendered unmarketable, or condemned refunds of such taxes. by a duly authorized official, by reason Payments of damage sustained as a result of a (68A Stat. 852, 853; 26 U.S.C. 7206, 7207) disaster; [F.R. Doc. 59-6008; Filed, July 21, 1959; § 170.304 Circumstances under which (c) The type and date of occurrence 8:48 a.m.] payment may be made. of the disaster and the location of the Assistant regional commissioners shall liquors at that time; allow payment (without interest) of an (d) That the .claimant was not in­ amount equal to the amount of tax paid demnified by a valid claim of insurance [T.D. 6399] or determined, and the Commissioner or otherwise in respect of the tax, or tax PART 173— RETURNS OF SUB­ of Customs shall allow payment (without and duty, on the liquors covered by the interest) of an amount equal to the claim; and STANCES, ARTICLES, OR CON­ amount of customs duty paid, on distilled (e) That the claimant is entitled to TAINERS spirits, wines, rectified products, and payment under this subpart. On June 11, 1959, a notice of proposed beer previously withdrawn, which are rule making with respect to the Revision *ost, rendered unmarketable, or con­ § 170.308 Supporting evidence. of 26 CFR Part 173 was published in the demned by a duly authorized official by The claimant shall support his claim F ederal R egister. No objections to the reason of a disaster occurring in the with any evidence (such as inventories, proposed revision having been received 5830 RULES AND REGULATIONS within the 15-day period prescribed in all forms required by this part, including Office Department not later than the the notice, the regulations as so pub­ demand letters, reports, and returns. In­ date required by the demand letter. lished are hereby adopted. formation called for shall be furnished The time and date of the United States Because this Treasury decision imple­ in accordance with the instructions on postmark shall constitute the time and ments and effectuates changes made in the forms or issued in respect thereto. date of delivery of the return to the chapter 51 of the Internal Revenue Code designated office. of 1954 by the Excise Tax Technical Subpart B— Definitions Substance. The term “substance” Changes Act of 1958 (Public Law 85-859, § 173.5 Meaning of terms. shall mean and include, but not by way 72 Stat. 1275) which become effective of limitation, any of the following: Any July 1, 1959, it is hereby found that it is When used in this part and in forms grade or type of sugar, sirup, or molasses impracticable and contrary to the public prescribed under this part, where not derived from sugar cane, sugar beets, interest to issue this Treasury decision otherwise distinctly expressed or mani­ com, sorghum, or any other source; subject to the effective date limitation festly incompatible with the intent starch; .potatoes; grain, or corn meal, of section 4(c) of the Administrative thereof, terms shall have the meaning com chops, cracked corn, rye chops, Procedure Act, approved June 11, 1946. ascribed in this section. Words in the middlings, shorts, bran, or any other Accordingly, this Treasury decision shall plural form shall include the singular, grain derivative; malt; malt sugar, or become effective July 1, 1959. and vice versa, and words importing the malt sirup; oak chips, charred or not (68A Stat. 917; 26 U.S.C. 7805) masculine gender shall include the fem­ charred; yeast; cider; honey; fruits; inine. The terms “includes” and “in­ grapes; berries; fruit, grape, or berry Dana Latham, cluding” do not exclude things not juices or concentrates; wine; caramel; Commissioner of Internal Revenue. enumerated which are in the same gen­ burnt sugar; gin flavor; Chinese bean Approved: July 16,1959. eral class. cake or Chinese wine cake; urea; ammo­ Articles. Denatured spirits or any F red C. S cribner, Jr.„. nium phosphate, ammonium carbonate, product or preparation which contains, ammonium sulphate, or any other yeast Acting Secretary of the Treasury. more than 25 percent by volume of de­ food; ethyl acetate or any other ethyl Preamble. 1. The regulations in this natured spirits. . ester; any other material of the charac­ part shall supersede the 1955 edition Assistant Regional Commissioner. An ter used in the manufacture of distilled of 26 CFR Part 173 (20 F.R. 4818). assistant regional commissioner (alcohol spirits, or any chemical or other material •2. These regulations shall not affect and tobacco tax) who is responsible to, suitable for promoting or accelerating any act done or any liability or right ac­ and functions under the direction and fermentation; any chemical or material cruing or accrued, or any suit or pro­ superivsion of, a regional commissioner. of the character used for the production ceeding had or commenced prior to the Commissioner. The Commissioner of of distilled spirits by chemical reaction; effective date of these regulations. All Internal Revenue. or any combination of such materials or formal written demands issued under Container. Any receptacle, vessel, chemicals. prior statutory authority or regula­ barrel, cask, keg, bottle, jug, can, or jar United States. “United States” shall tions prior to the effective date of these of the character used for the packaging mean the States, the Territory of Hawaii, regulations and outstanding shall re­ of distilled spirits. and the District of Columbia. main in force. Demand letter. The “demand letter” U.S.C. “U.S.C.” shall mean the United 3. The regulations in this part shall beis the formal requirement of the assist­ States Code. effective on July 1, 1959. ant regional commissioner that a person disposing of any article, container, or Subpart C— Requirement of Returns Subpart A— Scope of Regulations substance shall render a correct return. § 173.10 Returns required; substance Sec. Denatured spirits. Spirits to which and articles. 173.1 Returns of substances, articles, or dénaturants have been added pursuant containers. to formulas prescribed in Parts 212 and Every person in the United States wlw 173.2 Forms prescribed. 216 of this chapter. disposes of any substance or article, as defined in § 173.5, shall, when required Subpart B— Definitions Dispose. “Dispose” and all forms of the word shall mean and include, but not by a demand letter issued by the assistant 173.5 Meaning of terms. by way of limitation, consign, sell, trans­ regional commissioner, and until noti­ Subpart C— Requirement of Returns fer, deliver, destroy, or lose, and all forms fied to the contrary in writing by such officer, for the purpose of enabling the '173.10 Returns required; substance and of those words. articles. Distilled spirits or spirits. That sub­ determination in accordance with law as 173.11 Returns required; containers. stance known as ethyl alcohol, ethanol, to whether all taxes due with respect to 173.12 Rendition of returns. or spirits of wine, including all dilutions any distilled spirits produced or recov­ and mixtures thereof, from whatever ered from such substances or articles Subpart D— Records To Be Maintained source or by whatever process produced, have been paid, render in writing on 173.15 Records required. and shall include whisky, brandy, rum, Form 169 (or other form authorized by the assistant regional commissioner) for Subpart E— Tax and Penalties gin, and vodka and products produced in such manner that the person producing the periods specified in the demand 173.20 Tax. letter, correct returns showing (a) the 173.21 Penalties. them is a rectifier within the meaning of section 5082 of the Internal Revenue date of each disposition of such sub­ Authority: §§ 173.1 to 173.21 issued under Code of 1954, as amended. stances or articles, and in such quanti­ 68A Stat. 917; 26 U.S.C. 7805. Interpret or Internal revenue officer. An officer ties, as may be specified by the assistant apply 68A Stat. 895, 72 Stat. 1314, 1373, 1374,. or employee of the Internal Revenue regional commissioner in the demand 1402; 26 U.S.C. 7502, 5001, 5291, 5301, 5605, letter; (b) the quantity and kind of each 5606. Service duly authorized to perform any function relating to the administration substance or article disposed of; (c) the name and complete address of each pur­ Subpart A— Scope of Regulations or enforcement of this part. Person. An individual, trust, estate, chaser, consignee, and other person ac­ § 173.1 Returns of substances, articles, partnership, association, company, or tually receiving such substances or arti­ or containers. corporation. cles, and of any other person for, by, or This part relates to the returns and Region. An internal revenue region. through whom the substances or articles records of the disposition of articles from Regional Commissioner. A regional were ordered or disposed of; (d) the date which distilled spirits may be recovered, commissioner of internal revenue. and method of shipment or delivery; of substances of the character used in the Render. “Render” shall mean to de­ and (e) if delivered or shipped by truck manufacture of distilled spirits, and of liver the completed return to the office or other conveyance, the State or city containers of the character used for the indicated in the demand letter, not later registration number of such truck or packaging of distilled spirits. than the date required by the demand conveyance, and the name and complete letter, or to mail such completed return, address of th^ operator of such truck or § 173.2 Forms prescribed. in an envelope properly addressed and conveyance as shown by his operator’s The Director, Alcohol and Tobacco stamped, in sufficient time for such en­ license, giving the number of such opera­ Tax Division, is authorized to prescribe velope to be postmarked by the Post tor’s license and the State where issued. Wednesday, July 22, 1959 FEDERAL REGISTER 5831

Where shipment is made by a common commissioner will determine the need PART 1457— FISCAL YEAR BASIS FOR carrier, such as a railroad, trucking com­ for the substitute form and whether ap­ RENEGOTIATION AND EXCEPTIONS pany, steamboat line, etc., the informa­ proval thereof would unduly hinder the tion required by paragraph (e) of this effective administration of this part or Losses on renegotiate business in section need not be reported, but in lieu result in jeopardy to the revenue. A other years: extent allowable in thereof there shall be furnished the com­ substitute form shall not be employed fiscal years ending on or after De­ plete routing of the shipment, full name until approval is received from the as­ and address of first carrier, and railroad sistant regional commissioner. cember 31, 1956 car number or name of ship. (b) The return shall be prepared and 1. Section 1457.9(a) Statutory pro­ (72 Stat. 1373; 26 U.S.C. 5291) rendered in accordance with the instruc­ vision is amended by deleting the sta­ tions contained in the demand letter for tutory provision set forth therein and § 173.11 Returns required; containers. the designated reporting period. inserting in lieu thereof, the following: Every person in the United States who Subpart D— Records To Be Maintained (m) Renegotiation loss carryforwards— disposes of any containers, as defined in (1) Allowance. Notwithstanding any other Section 173.5, shall, when required by a § 173.15 Records required. provision of this section, the renegotiation demand letter issued by the assistant loss deduction for any fiscal year ending on Every person who has been required or after December 31, 1956, shall be allowed regional commissioner, and until noti­ to render a return shall maintain at his as an item of cost in such fiscal year, under fied to the contrary in writing by such place of business such books, records, regulations of the Board. officer, for the purposê of protecting the, documents, papers, invoices, bills ' of (2) Definitions. For the purposes of this revenue, render in writing on Form 169A lading, etc., relating to or connected with subsection—- (or other form authorized by the assist­ any such disposition, as will enable such (A) The term “renegotiation loss deduc­ ant regional commissioner) for the person to make the required return. tion” means— periods specified in the demand letter, Such books, records, documents, papers, (i) For any fiscal year ending on or after correct returns showing (a) the date of December 31, 1956, and before January 1, invoices, bills of lading, etc., shall be 1959, the sum of the renegotiation loss car­ each disposition of such containers and maintained for a period of three years ryforwards to such fiscal year from the pre­ in such quantities, as may be specified and shall be kept readily available for, ceding two fiscal years; and by the assistant regional commissioner and open to, inspection by any Internal (ii) For any fiscal year ending after De­ in the demand letter; (b> the quantity Revenue Officer during the hours of busi­ cember 31, 1958, the sum of the renegotia­ and kind of containers disposed of; (c) ness of such person. tion loss carryforwards to such fiscal year the name and address of each purchaser, from the preceding five fiscal years (ex­ consignee, and other person actually re­ Subpart E— Tax and Penalties cluding any fiscal year ending before De­ cember 31, 1956). ceiving such containers and of any other § 173.20 Tax. person for, by, or through whom the con­ (B) The term “renegotiation loss” means, tainers were ordered or disposed of; (d) Any person who produces, withdraws, for any fiscal year, the excess, if any, of costs sells, transports, or uses, denatured dis­ (computed without the application of this the date and method of shipment or subsection and the third sentence of subsec­ delivery; and (e) if delivered or shipped tilled spirits, or articles, as defined in tion (f)) paid or incurred in such fiscal* by truck or other conveyance, the State § 173.5, in violation of law or regulations year w(th respect to receipts or accruals sub­ or city registration number of such shall be required to pay the tax on such ject toxhe provisions of this title over the truck or conveyance, and the name and denatured distilled spirits or articles, as amount of receipts or accruals subject to the complete address of the operator of such provided by section 5001(a) (6), Internal provisions of this title which were received Revenue Code of 1954, as amended. or accrued in such fiscal year, but only to the truck or conveyance as shown by his extent that such excess did not result from operator’s license, giving the number of § 173.21 Penalties. gross inefficiency of the contractor or sub­ such operator’s license and the State contractor. where issued. Where shipment is made Any person who willfully violates any (3) Amount of carryforwards to 1956,1957, by a common carrier such as a railroad, provision of section 5291 or 5301(b) of and 1958. For the purposes of paragraph trucking company, steamboat line, etc., the Internal Revenue Code of 1954, as (2) (A) (i), a renegotiation loss for any fiscal the information required by paragraph amended, or of the regulations in this year (hereinafter in this paragraph referred (e) of this section need not be reported, part shall, upon conviction, be fined or to as the “loss year”) shall be a renegotiation but in lieu thereof there shall be fur­ imprisoned as provided by section 5605 loss carryforward to the first fiscal year suc­ nished the complete routing of the ship­ or 5606 of the Internal Revenue Code of ceeding the loss year. Such renegotiation 1954, as amended. loss,''after being reduced (but not below ment, full name and address of first car­ zero) by the profits derived from contracts rier, and railroad car number or name of [F.R. Doc. 59-6007; Filed, July 21, 1959; with the Departments and subcontracts in ship. 8:48 am.] the first fiscal year succeeding the loss year, (72 Stat. 1374; 26 U.S.C. 5301) shall be a renegotiation loss carryforward tp the second fiscal year succeeding the loss § 173.12 Rendition of returns. year. For the purposes of the preceding Title 32— NATIONAL DEFENSE sentence, the profits derived from contracts (a) The return shall be rendered on with the Departments and subcontracts in Form 169 (in the case of substances and Chapter XIV— The Renegotiation the first fiscal year succeeding the loss year articles) or Form 169A (in the case of Board shall be computed as follows: containers) to the officer or employee (A) If such first fiscal year ends on or of the Internal Revenue Service desig-‘ SUBCHAPTER B— RENEGOTIATION BOARD REGU­ after December 31, 1956, such profits shall nated in thé demand letter: Provided, LATIONS UNDER THE 1951 ACT be computed by determining the amount of That the assistant regional commis­ the renegotiation loss deduction for such MISCELLANEOUS AMENDMENTS first fiscal year without regard to the renego­ sioner may authorize the return to be tiation loss for the loss year. rendered in another form requiring the TO SUBCHAPTER (B) If such first fiscal year ends before December 31, 1956, such profits shall be com­ same information in lieu of Form 169 Subchapter B of Chapter XIV, Title 32, or Form 169A where it is shown that puted without regard to any renegotiation is amended as follows: loss for the loss year or any fiscal year pre­ this is necessary in order to use tabulat­ ceding the loss year. ing equipment, or business machines, PART 1452— PRIME CONTRACTS AND (4) Amount of carryforwards to fiscal and will not (1) unduly hinder the ef­ SUBCONTRACTS WITHIN THE years ending after 1958.—For the purposes of fective administration of this part or paragraph (2) (A) (ii), a renegotiation loss for SCOPE OF THE ACT any fiscal year (hereinafter in this paragraph (2) jeopardize the revenue. A person referred to as the “loss year”) ending on or who proposes to use a form other than General Coverage of the Act after December 31, 1956, shall be renegotia­ Form 169 or Form 169A shall submit a Section 1452.1(b) Coverage after De­ tion loss carryforward to each of the five letterhead application so to do, in trip­ cember 31, 1956 is amended by deleting fiscal years following the loss year. The licate, to the assistant regional commis­ entire amount of such loss shall be carried to “June 30, 1959” from subsection (c) (1) the first fiscal year succeeding the loss year. sioner. Such application shall describe of the statutory provision set forth in The portion of such loss which shall be car­ the proposed form and set forth the subparagraph (1) (iii) and inserting in ried to each of the other four fiscal years shall need therefor. The assistant regional lieu thereof “June 30,1962”. be the excess, if any, of the amount of such 5832 RULES AND REGULATIONS loss over the sum of the profits derived from April 22, 1959 (24 F.R. 3113), interested

2195 as Federal Register Document X. FOOD, BEVERAGES AND TOBACCO 59-2388, is amended as follows. Description Yearly quotas Foodstuffs: § 168.5 [Amendment] Foods not elsewhere specified ______22 pounds. In § 168.5 Individual country regular Flour, spaghetti, noodles, biscuits, powdered tions, make the following changes: milk, infant food, meat, sausage___ ,______11 pounds each. A. In country “Canada”, as amended Candy____,_- ______4 pounds 6 ounces. by Federal Register Document 59-4137, Chewing gum______10% ounces. 24 FJt. 3991, and by Federal Register Coffee, cocoa, chocolate (including chocolate products) ______.______4 pounds 6 ounces each. Document 59-5591, 24 F.R. 5467, under Tea______*____£______1 pound 1 % ounces. Postal Union Mail, make the following Spices except vanilla______1 pound 1% ounces. changes: Vanilla______..______3% ounces. 1. The item Special delivery is amended Beverages______3 quarts. as result of special delivery service be­ Tobacco: coming effective at additional Canadian Cigarettes______1,000. post offices. Accordingly, the third para­ Cigars______100. graph of the item Special delivery is Other tobacco products______2 pounds 3 ounces. amended as follows: a. Insert the following additional II. TEXTILE GOODS offices for special delivery service in their Thread and yarn------4 pounds 6 ounces. proper alphabetical order therein: Cloth: Asbestos, P.Q. Overcoat material ______' 314 yards. Aginoourt, Ont. Suit and curtain material______6% yards. Bathurst, N.B. Linen and drapery material______13 yards. Dawson Creek, B.C. Sheeting— ------17% yards. Lachlne, P.Q. Wearing apparel and other cloth articles, sewn or Lachute, P.Q. knit: La Tuque, P.Q. Overcoat___ -______1. New Market, Ont. Suits______2. New Waterford, N.S. Dresses.______3. Richmond Hill, P.Q. St. Eustache, P.Q. Stockings or socks______6 pairs. Ste. Anne de Bellevue, P.Q. Handkerchiefs______5,______24. Transcona, Man. Infant wear______- ______30 articles. Other articles------3 items or 3 pairs. b. Strike out “Shawinigan Falls, P.Q.” Rugs or curtains______2. where it appears in alphabetical order therein, and insert in lieu thereof III. TURS, LEATHER AND RUBBER GOODS “Shawinigan, P.Q.” Dressed fur skins______Sufficient for 1 garment. 2. The third paragraph of the item Articles of fur______1 article or 1 pair. Observations is amended for the purpose Leather for footwear. ------Sufficient for 2 pairs of shoes or 1 pair of clarification to read as follows: of boots. These articles must bear postage at the Leather for clothing. ------Sufficient for 1 garment. surface or air r^te for Canada. Letter Articles of leather__ ------2 pairs of shoes, 1 pair of boots, 1 coat, packages are limited to 4 pounds 6 ounces 2 pairs of gloves, and 1 other article. in weight. Articles of rubber___ ------1 pair of footwear; other articles, 2 items or 1 pair. B. In country “Hungary” under Parcel Post, make the following changes as re­ IV. MISCELLANEOUS sult of Hungarian authorities terminat­ Medicines and therapeutic appliances______As prescribed by physician. ing the exemption from customs duty Eau de cologne, cold cream______1 pound 1 % ounces. previously granted and modifying the Other cosmetics and toilet articles______6 of each kind. import regulations in connection with Laundry soap and soap powder______6 pounds 9 ounces. gift parcels. Precious Jewelry: 1. The item Observations is amended to Gold-— -...... 1 pound 1 % ounces. read as follows: P latin u m ______3% ounces. Observations. To be admitted to Hun­ Ornaments, imitation jewelry-.______r_____ 2 articles of a kind, or 1 set. Sporting goods, games, and toys______- _____ 2 articles, 2 pairs, or 1 set; 24 tennis balls gary as gift ^shipments, parcels must or 48 pingpong balls. contain only articles for the personal Other miscellaneous articles except as mentioned use of the addressee or members of his below.______2 of each kind. family. The contents of gift parcels are Phonograph records_____ - ______1______10. subject to customs duty which must be Tape recordings______5. paid by the addressees. Razor blades, lighter flints______„____ _ 100. Preserved food in tin cans or other Pencils______24. hermetically sealed containers must not Fountain pens______2. be sent in gift parcels. Film_i ______10 reels. Medicines, serums and vaccines to be Postage stamps______Up to 1,000 forints value. admitted in gift parcels must be in the Books, magazines, photographs.______3 of each kind. intact original wrappings of the manu­ facturing firm. Medicines prepared by V. DURABLE GOODS Pharmacists are not admitted. Cameras, flashlights, tape recorders, radios, type­ To facilitate the Customs treatment of writers, musical instruments, household ap­ gift parcels in Hungary two complete and pliances, oriental rugs and expensive furs_____ 1 of each kind. detailed lists of the contents should be enclosed in each parcel. The lists should be written in the Hungarian language if 2. The item Import restrictions is hereby rescinded. Possible. (R.S. 161, as amended, 396, as amended, 398, as amended; 5 U.S.C. 22, 369,372) Contents erf gift parcels are limited to the items shown on the following list, [seal] H erbert B. Warbtjrton, and no addressee may receive amounts General Counsel. exceeding the quotas indicated. [FJR. Doc. 59-5991; Filed, July 21, 1959; 8:46 a.m.] No. 142----- 3 5834 RULES AND REGULATIONS 1957. The Department, while express­ lumbus and WTVY in Dothan, Alabama, Title 47— TELECOMMUNICATION ing no opinion on the question whether to Show Cause why they should not be Channel 4 in Columbus should be deleted required to change operating channels. Chapter I— Federal Communications as a commercial assignment, urged that, 7. Comments and reply comments in Commission if the Commission should decide to make response to the Notice of Further Pro­ this change, Channel 4 be reserved for posed Rule Making included several new [Docket No. 12054; FCC 59-721J education in Columbus. counterproposals. On February 21,1958, PART 3— RADIO BROADCAST 4. On May 24, 1957, Capitol Broad­Frank K. Spain, principal owner of the SERVICES casting Company, licensee of Station permittee of Station WTWV on Chanrtel WCOV-TV on Channel 20 in Montgom­ 9 at Tupelo, Mississippi, submitted a Television Broadcast Stations; ery, Alabama, petitioned for rule making counterproposal (hereinafter sometimes Columbus, Ga. to deintermix Montgomery by either of referred to as “Proposal 7”) to shift two alternative plans (hereinafter some­ Channel 9 from Tupelo to Tuscaloosa, In the matter of amendment of § 3.606, times referred to as “Proposal 5”), as Alabama, as follows:3 Table of Assignments, Television Broad­ follows : cast Stations (Columbus, Georgia) ; Plan 1 Channel No. Docket No. 12054. City 1. The Commission has before it for Channel No. consideration its Notice of Proposed Rule City Present Proposed Making (FCC 57-625) issued in this pro­ Present Proposed ceeding on June 17, 1957, inviting com­ Tupelo, Miss...... 9,38 38 Tuscaloosa, Ala______45,61 9,45,51 ments from interested parties on a Montgomery, Ala...... 12,20, *26,32 8,12,20, *26,32 Columbus, Ga______4,28, *34 28, *34,44 proposal (hereinafter sometimes re­ Selma, Ala...... 8,58 58 44 ferred to as “Proposal 1”), filed Decem­ Dothan,' Ala______9,19 4,19 ber 3,1956, by Television Columbus, then Plan 8 ' licensee of a UHF station in Columbus, 8. On March 3, 1958, Middle Georgia Georgia,1 to deintermix Columbus by Montgomery, Ala...... 12,20, *26,32 *12,20,26,32 Broadcasting Company, licensee of Radio substituting a UHF channel for Channel Selma, Ala______8,58 58 45,51 *8,45, 51 Station WBML, Macon, Georgia, sub­ 4 in that city. Comments were filed in Tuscaloosa, Ala______mitted three alternative counterpro­ response to that Notice by August 15, posals (hereinafter sometimes referred 1957, and reply comments by September These proposals were incorporated by to as “Proposal 8”) to add a second VHF 24, 1957. reference in the instant proceeding by channel to Macon, as follows: 2. Included among the comments were comments filed by Capitol Broadcasting several counterproposals. Two of them on October 9, 1957.* While Capitol’s Plan 1 would make Columbus a two-VHF chan­ alternative counterproposals do not di­ rectly concern Columbus channels, the Channel No. nel market. One of these (hereinafter City sometimes referred to as “Proposal 2”), first of them conflicts with Proposal 3, filed August 15,1957, by'Martin Theatres supra. Present Proposed of Georgia, Inc., licensee of Station 5. On December 10, 1957, the Wash­ ington Post Company petitioned for rule Macon, Ga______13, *41,47 3,13, *41,47 WTVM on Channel 28 in Columbus, Savannah, Ga______3, *9,11- 9,11, *46 Georgia, involved the following changes making to shift Channel 8 from Selma, Columbus, Ga...... 4,28, *34 4,9,28, *34 in the Table of Assignments for Tele- Alabama, to Birmingham, Alabama. Dothan, Ala______9,19 8,19 Selma, Ala______:___ 8,58 68 vision Broadcast Stations, § 3.606 of the This proposal (hereinafter sometimes Tuscaloosa, Ala...... 45,51 8,45,51 Commission’s rules: referred to as “Proposal 6”), which con­ Waycross, Ga______8,16 16 W aycross-Brunswick, flicts with Proposals 3 and 5, supra, is as 8 / Channel No. follows: City P la n i Present Proposed Channel No. City Macon, Ga______13, *41,47 3,13, *41,47 Columbus, G a...... 4,28, *34 3,9, *34 Present Proposed Savannah, Ga...... 3, *9,11 9,11, *46 Dothan, Ala...... 9,19 4, 19 Columbus, Ga...... 4,28, *34 28,34, *44,62 44 Birmingham, Ala____ 6, *10,13,42,48 6,8, *10,13,42, 48 8,58 58 The other counterproposal to make Co­ P la n s lumbus a two-VHF market (hereinafter ’ .6. On January 20, 1958, the Commis­ referred to as “Proposal 3”), filed Sep­ Macon, Ga...______13, *41,47 3,13, *41,47 tember 24, 1957, by Columbus Broad­ sion issued a Notice of Further Proposed Savannah, Ga______3, *9,11 9,11, *46 casting Company, Inc., licensee of Sta­ Rule Making and Orders to Show Cause tion WRBL-TV, Columbus, was as in this proceeding (FCC 58-52), inviting follows: comments on the counterproposal urged 9. On March 27, 1958, the Board of by Martin Theatres of Georgia, Inc. Education of Muscogee County, Georgia, (WTVM), to make Columbus, Georgia, a School District endorsed the WTVM pro­ Channel No. City two-VHF channel market (Proposal 2, posal to make Columbus, Georgia, a two- supra), and ordëring the licensees of VHF channel community (Proposal 2, Present Proposed Stations WRBLr-TV and WTVM in Co- supra), and in addition requested that the educational reservation in Columbus Columbus, Ga______4.28, *34 4,9,28, *34 be changed from Channel 34 to Channel Dothan, Ala______9,19 8,19 2 Capitol accompanied its comments with Selma, A la._____..... 8,58 58 a petition to accept late filing of that plead­ 28 (hereinafter sometimes referred to as Tuscaloosa, Ala______45,51 8,45,51 ing, noting therein that Capitol had no “Proposal 9”), as follows: Waycross, Ga______8,16 16 interest in the Columbus proceeding until Waycross-Brunswick, Da ____ 8 after Proposal 3 was filed, which conflicts with Capitol’s proposals for Montgomery. Channel No. Similarly, Deep South Broadcasting Com­ fifty 3. Another counterproposal (herein­pany, permittee of Station WSLA, authorized Present Proposed after sometimes referred to as “Proposal to operate on Channel 8 at Selma, on October 4”) was filed by the Georgia State De­ 21, 1957, filed comments in this proceeding, 4,28, *34 3,9, *28,34 which comments were addressed to Proposal Dothan, Ala__ A ____ 9,19 4,19 partment of Education on August 15, 3, and accompanied Its comments with a petition to accept late filing of its comments. 1 On April 1,1957, Television Columbus as­ Proposal 8 was filed on September 24, 1957, «This proposal contemplates adoption of signed its license for Station WDAK-TV, the last date for filing comments. Capitol a rule making proposal to shift Channel v Channel 28, Columbus, Georgia, to Martin and Deep South have demonstrated good from Hattiesburg, Mississippi, to Baton Theatres of Georgia, Inc., and the call letters cause for the late filing of their comments, Rouge, Louisiana (Docket No. 12281). "-n of the station were changed to “.WTVM”, and they are accepted. proposed assignment has now been finalized, Wednesday, July 22, 1959 FEDERAL REGISTER 5835 10. On April 2,1958, Birmingham Tele­erence of national advertisers for the Company, Inc. (WRBL-TV on Channel vision Corporation, authorized to operate VHF station in Columbus (WRBL-TV). 4 at Columbus) ; WTVY, Inc. (WTVY on Station WBMG on Channel 42 at Bir­ WTVM argues that if deintermixture is Channel 9 at Dothan, Alabama) ; the mingham, Alabama, submitted a not achieved, Columbus, a fast-growing Board of Education of the Muscogee counterproposal (hereinafter sometimes community with a population of 79,611, County, Georgia, School District; Bir­ referred to as “Proposal 10”) which, in will ultimately be served by only one mingham Television Corporation i and addition to the channel changes proposed television station. Capitol Broadcasting Company (WCOV- in the Commission’s Notice of Further 13. Comments favoring the original TV on Channel 20 at Montgomery, Ala­ Proposed Rule Making, would result in proposal (Proposal 1) to make Columbus, bama) . The only opposition to Proposal the allocation of a third commercial VHF Georgia, an all-UHF market were filed 2 was filed by Middle Georgia Broadcast­ channel in Birmingham and a second by Martin Theatres of Georgia, Inc. ing Company, licensee of AM Station VHF in Montgomery, Alabama, as (WTVM on Channel 28 at Columbus, WBML, Macon, Georgia. A channel follows:4 Georgia), and comments opposing this conflict exists between Proposal 2 and proposal were filed by Columbus Broad­ Plans 1 and 2 of Middle Georgia’s coun­ terproposal to obtain 4a second VHF . Channel No. casting Company, Inc. (WRBL-TV on City Channel 4 at Columbus, Georgia), channel in Macon, Georgia (Proposal 8). WTVY, Inc., (WTVY on Channel 9 at Herald Publishing Company, permittee Present Proposed Dotham, Alabama), WJDM, Inc. of Station WALB-TV on Channel 10 at (WJDM-TV on Channel 7 at Panama Albany, Georgia, while not opposing the 4, 28, *34 3, 9, *34 9 19 4,19 City, Florida), and numerous civic, fra­ channel changes contemplated by Pro­ Birmingham, Ala.1___ 6, *10,13,42’ 48 4,6, *10,13,42,48 ternal, governmental, commercial, and posal 2, asks that the Commission re­ 4, 28 2, 28 strict the area in which a Channel 9 sta­ State College, Miss_._ *2 *8 other parties residing within the WRBL- Montgomery, Ala____ 12, 20, *26, 32 8, 12, 20, *26, 32 TV service area. tion in Columbus may be located in order 8,58 58 14. Estimates of population who would to accommodate a proposed transmitter lose their only Grade B television service site change of Station WALB-TV.® 1 Birmingham Television Corporation asserts that an­ 18. Our January 20, 1958, Notice of other way to assign a third commercial VHP channel to (i.e., “white area” population) from the Birmingham would be to move Channel 8 from Selma to deletion of Channel 4 from Columbus Further Proposed Rule Making included Birmingham, as urged in Proposal 6, supra. Birming­ range from 35,640 to 38,548 persons. Orders to the licensees of Stations ham Television notes, however, that if Channel 8 is assigned to Birmingham, it could not be used in Mont­ Numerous civic, governmental, commer­ WRBL-TV and WTVM in Columbus and gomery to provide a second VHP service to that city. cial, and other groups commented that to the permittee of Station WTVY in the best, and in many cases the only, Dothan to Show Cause why their stations 11. On April 2, 1958, Frank K. Spaintelevision service in outlying communi­ should not operate on other channels. submitted a second counterproposal ties some miles away from Columbus is These operators have all consented to (hereinafter sometimes referred to as Station WRBL-TV on Channel 4. The such channel changes. WRBL-TV pro­ “Proposal 11”), which, in addition to the Columbus, Georgia, area is not a pre­ poses to operate on Channel 3 and WTVM channel changes proposed in the Com­ dominantly UHF area; since the only on Channel 9 from a common tower at a mission’s Notice of Further Proposed operating UHF station other than site near Columbus. WTVY has also Rule Making, would shift Channel 4 from WTVM which provides Grade B or consented to a modification of its author­ Columbus, Mississippi, to Tuscaloosa- stronger service to any portion of the ization to specify operation on Channel Birmingham, and would shift Channel 9 WRBL-TV Grade B service area is Sta­ 4 at Dothan. Contracturai arrange­ from Tupelo, Mississippi, to Columbus, tion WCOV-TV on Channel 20 in Mont­ ments have been entered into between Mississippi, as follows:6 gomery, Alabama, 78 miles from Colum­ these parties to provide for exchange of bus, and WCOV-TV provides Grade B certain equipment and for defrayal of Channel No. service to only a very small segment of the expenses of the change-over. Under City the WRBL-TV Grade B contour. There these agreements, WTVM will reimburse Present Proposed is considerable conversion to UHF receiv­ WRBL-TV for most of the expenses in­ ing sets in the Columbus area, but it ap­ volved in its move from Channel 4 to Columbus, Oa ..... 4,28, *34 3,9, *34 pears that most of the sets so converted Channel 3, and will acquire certain Dothan, Ala 9,19 4,19 have strip tuners to receive WTVM and equipment from WRBL-TV which will, Tuscaloosa-Birming- in turn, be utilized by WTVY, Inc. ham, Ala ...... («) 4 could not receive any new UHF signal Columbus, Miss...... 4,28 9,28 without further set modification. While WTVM will not pay all of the expenses TuDelo, Miss ____ 9,38 38 the terrain in the Columbus area is gen­ which WTVY will incur in changing to erally favorable for UHF propagation, Channel 4, but it will provide WTVY 1 Tuscaloosa is now assigned Channels 45 and 51„ and there is evidence of record that sub­ with considerable Channel 4 equipment, Birmingham is assigned Channels 6, *10,13, 42 and 48. stantial areas north and northeast of most of which is presently being used by 12. The record convinces us that theColumbus are not as favorable for UHF WRBL-TV. On the other hand, WTVY two operating stations in Columbus, operations as for VHF operations. will transfer to WTVM all of the equip­ Georgia (WRBL-TV on Channel 4 and 15. In view of the wider coverage of ment presently used by WTVY in con­ WTVM on Channel 28) should operate in VHF stations, and the fact that the re­ nection with its operation on Channel 9. the same band; i.e., they should both be moval of the only VHF channel from Since the Channel 4 equipment to be either UHF or both VHF. WTVM as­ Columbus would result in the creation obtained through WTVM is of greater serts that despite its intensive efforts to of substantial “white area”, we believe value than the Channel 9 equipment provide programming of the highest that the public interest would be better being transferred, and since certain quality, its UHF station has been unable served by making Columbus a two-VHF WTVY construction costs are to be borne to operate on a financial basis which market than an all-UHF area. by WTVM, WTVY will pay WTVM would permit continued operation, and 16. Two proposals to make Columbus $105,000.00. that this is attributable solely to the pref- a two-VHF market have been advanced: 19. We are convinced that the public Proposal 2, submitted by WTVM; and interest would be served by the alloca­ 4 Birmingham Television also asserts that Proposal 3, tendered by WRBL-TV. tion of Channels 3 and 9 to Columbus a second VHF channel (Channel 4) could be Proposal 2 was made the subject of our with attendant modification of the au­ assigned to Macon, Georgia, if the Dothan January 20, 1958, Notice of Further Pro­ thorizations of Stations WRBL-TV and channel is changed from Channel 9 to posed Rule Making. The same Notice Channel 7 and the Panama City VHF chan- rejected Proposal 3, because it is more * WALB-TV was subsequently granted au­ bcI is changed from Channel 7 to Channel 4. thority to change its site to a location which This additional proposal would conflict with complicated, involving channel shifts in is not in conflict with the proposed site at Proposal 2, supra. six communities instead of two com­ Columbus for Channel 9. Since the last date ° This proposal, like Mr. Spain’s earlier pro­ munities. \ for filing comments in this proceeding there posal (Proposal 7, supra, contemplates the - 17. Comments favoring Proposal 2 have been tendered other pleadings which adoption of a rule making proposal to shift are directed primarily to sites suitable for flannel 9 from Hattiesburg, Mississippi, to were filed by Martin Theatres of Georgia, VHF stations at Columbus, Ga., but which are Baton Rouge, Louisiana (Docket No. 12281). Inc. (WTVM on Channel 28 at Colum­ not controlling in our decision reached Bee footnote 3, supra. bus, Georgia); Columbus Broadcasting herein. 5836 RULES AND REGULATIONS WTVM. From the common site and an­ 24. These parties submit a wide range flict between the Spain counterproposal tenna which these stations propose, of reasons why each of the three counter­ and our decision to allocate Channels 3 WRBL-TV asserts that it will increase proposals tendered by Middle Georgia and 9 to Columbus, Georgia. The com­ the population within its Grade B con­ should be rejected. The most cogent mon transmitter location proposed by tour from 606,732 persons to 879,915 reasons advanced for denial of the coun­ WRBL-TV and WTVM for their Channel persons; and WTVM asserts that it will terproposals relate to the need for re­ 3 and 9 operations in Columbus is com­ increase its Grade B coverage from 351,- taining the educational reservation of patible with the use of Channel 9 in 700 persons to 742,800 persons.. No Channel 9 in Savannah. Each of the Tuscaloosa. , “white area” would result from these three plans submitted by Middle Geor­ 27. Proposals 5, 6,10 and 11, as well as channel changes. WRBIr-TV and gia would deprive Savannah of its VHF the portion of Proposal 7 not affecting WTVM anticipate no difficulty obtain­ reservation (see Proposal 8, supra). The Columbus, Georgia, do not conflict in ing site-tower approval by the Airspace Board of Public Education of the City any respect with Proposals 2 and 9 Subcommittee. of Savannah and the County of Chat­ which we are adopting. They do, how­ 20. The adoption of Proposal 2 would ham have applied for Channel 9. The ever, involve several conflicts among not only result in the creation of ef­ Board and other educational interests themselves. We are today issuing a fective competition between the com­ assert that construction and operation of Notice of Proposed Rule Making on some mercial stations in Columbus, Georgia; an educational station on Channel 9 will of these proposals. it would also permit the shifting of the be accomplished with all reasonable pur­ . 28. Authority for the adoption of the educational reservation in Columbus pose and speed; that since the entire amendments herein is contained in sec­ from Channel 34 to Channel 28, as re­ Savanpah area is now served by VHF tions 1, 4 (i) and (j), 381, 303 (c), (d), quested by the Board of Education of stations, an educational station on a (f) and (r), 307(b) and 316 of the Com­ the Muscogee County, Georgia, School UHF channel would not be practical; munications Act of 1934, as amended. District (Proposal 9). This change in that the local and state educational in­ 29. In view of the foregoing: It is or­ the educational reservation in Columbus terests intend to operate an educational dered, That effective August 24,1959, the will provide the educational interests in station in the Savannah area as an in­ Table ' of Assignments contained in the community with a ready-made audi­ tegral part of a Georgia state educational § 3.606 of the Commission’s rules and ence; the record establishes that the network; that a consulting engineering regulations is amended, insofar as the Columbus community is well saturated firm has been retained to make the neces­ communities named are concerned, as with sets able to receive Channel 28. sary surveys and construction cost esti­ follows : 21. Our decision to make Columbus a mates for such a statewide network; and (a) Amend the entry under the State two-VHF channel market and to shift that steps will be taken by the State of Alabama, to read as follows: Channel 4 from Columbus to Dothan Department of Education, after the nec­ Channel essary reports and estimates are on hand, City No. necessarily requires denial of the coun­ Dothan______4, 19— terproposal of the Georgia State Depart­ to proceed with the financing of the ment of Education to reserve Channel 4 operation. (b) Amend the entry under the State for education in Columbus (Proposal 4). 25. The Commission has carefully con­ of Georgia, to read as follows; 22. Counterproposals with which Pro­ sidered Middle Georgia’s counterpro­ Channel posal 2 is in conflict are those of Middle posals in light of the policy of reserving City ^ No. Georgia Broadcasting Company to add a channels for educational use as outlined Columbus.______;-----3, 9+, *28, 34 in the Sixth Report and Order and later second VHF channel to Macon, Georgia 30. It is further ordered, That, effec­ (Proposal 8). Middle Georgia asserts, in opinions. In cases where requests have been made to remove educational reser­ tive August 24,1959, pursuant to sections support of its counterproposals, that 303(f) and 316 of the Communications Macon and most of the surrounding area vations, our policy has been to retain the educational reservation where there has Act of 1934, as amended: have only one television station; that (a) . The license of Columbus Broad­ Macon, the fifth city in Georgia, with a been an active interest in the assign­ ment on the part of educators and edu­ casting Company, Inc., for operation of population of 70,252 should have at least Station WRBL-TV on Channel 4 in Co­ two television stations; that no UHF cational institutions and where affirma­ tive plans for the utilization of the edu­ lumbus, Georgia, iff modified to specify station can hope to survive in the mar­ operation on Channel 3 in Columbus, ket; 7 that each of the Georgia communi­ cational channels have been undertaken. In the instant case an active interest in subject to the evaluation and approval ties of comparable size—Columbus, Sa­ , by the Commission of technical data sub­ vannah, and Macon—should have two the use of Channel 9 in Savannah for an educational station has been demon­ mitted by the licensee to cover the op­ commercial VHF and one non-oommer- eration of Station WRBL-TV on Channel cial educational UHF channel; and that strated. Evidence of this interest are the steps which have already been taken by 3 in Çolumbus. there is a greater need for a second com­ (b) The license of Martin Theatres of mercial VHF channel in Macon than the Georgia State Department of Educa­ tion and by the local Savannah educa­ Georgia, Inc., for operation of Station a VHF educational reservation in WTVM on Channel 28 in Columbus, Savannah. tional interests looking toward the de­ velopment of a statewide educational Georgia, is modified to specify operation 23. Oppositions to Middle Georgia’s on Channel 9 in Columbus, subject to the counterproposals were filed by the Board television network. Accordingly, we be­ lieve that the educational reservation in evaluation and approval by the Com­ of Public Education for the City of Sa­ Savannah should not be disturbed, and mission of technical data submitted by vannah and the County of Chatham, the that the counterproposals of Middle the licensee to cover the operation of Joint Council on Educational Television, Georgia Broadcasting Company must Station WTVM on Channel 9 in John H. Phipps (applicant for Channel 8 therefore be denied.8 Columbus. in Waycross, Georgia), Martin Theatres (c) The license of WTVY, Inc., for 26. The first Frank K. Spain coun­ Station WTVY, on Channel 9 in Dothan, of Georgia, Inc. (WTVM), Columbus terproposal, requesting the reallocation Broadcasting Company, Inc. (WRBL- Alabama, is modified to specify operation of Channel 9 from Tupelo, Mississippi, to on Channel 4 in Dothan, subject to the TV) , WTVY, Inc. (WTVY), Deep South Tuscaloosa, Alabama, proposes to make condition that the licensee submit to the Broadcasting Company (WSLA, Channel Columbus, Georgia, all-UHF (Proposal Commission by August 24, 1959, all in­ 8, Selma, Alabama), Birmingham Tele­ 7). This counterproposal would thus formation necessary to comply with the vision Corporation (WBMG), Channel appear to conflict with our decision applicable technical rules, executed in 42, Birmingham, Alabama), . Capitol herein that Columbus, Georgia, be made triplicate, for the preparation of the Broadcasting Company (WCOV-TV, a two-VHF station market. Yet, as modified authorization to cover the Channel 20, Montgomery, Alabama), and WRBL-TV and WTVM point out in their operation of Station WTVY on Channel the Regents of the University System of reply comments, there is really no con­ 4 at Dothan. Georgia. (d) The aforesaid orders of modifica­ vince the final date for filing comments tion are subject to the further conditions 7 Station WOKA (formerly WNEX-TV) op­ in this proceeding, an application has been that construction looking to change-over erated in Macon on Channel 47 from August filed for this channel by Georgia State Board to the new frequencies pursuant to the 21, 1953, to May 31, 1955. of Education BPET-78. action herein should not be commenced Wednesday, July 22, 1959 FEDERAL REGISTER 583? until modified authorizations are issued tions and related matters; Docket No. Services will be authorized only on fre­ to Columbus Broadcasting, Martin 12747. quencies above 150 Me which are avail­ Theatres and WTVY; that Columbus 1. By a Notice of Proposed Rule Mak­ able for assignment to base stations in Broadcasting, Martin Theatres and ing adopted January 28, 1959, in the the applicable Public Safety Radio WTVY may continue to operate in ac­ above-entitled proceeding, the Commis­ Service. cordance with their present authoriza­ sion proposed to amend Part 10 of its These sections presently do not permit tions until they are ready to commence rules so as to: the assignment of frequencies below 150 operation on the new frequencies in ac­ (a) Delete the provisions of Part 10 Me for use by mobile relay stations in cordance with the orders of modification which provide tliat mobile relay stations the Public Safety Radio Services but do herein; and that Columbus Broadcasting, may be authorized in the Public Safety not prohibit the assignment of frequen­ Martin Theatres and WTVY, upon com­ Radio Services only where the system cies which are designated as “mobile” pletion of construction of the Channels cannot function satisfactorily without frequencies as would the proposed 3, 9 and 4 facilities, respectively, in ac­ communications between mobile units amendments. cordance with the terms of the modified over a distance in excess of that which The Associated Police Communications authorizations, submit, in triplicate, can be obtained by direct car-to-car Officers, Inc., the City of San Diego, Cali­ proof-of-performance measurement data communication; or where an integrated fornia, and Motorola, Inc., favor adop­ necessary to demonstrate compliance system of radiocommunication is desir­ tion of this proposal and the Forestry with the applicable technical perform­ able between two or more licensees and Conservation Communications Associa­ ance requirements of the rules of the where by the use of mobile relay stations tion and Kern County, California oppose type normally required to be furnished the integrated system provides an actual adoption of this proposal. in an application for a television license, reduction in the frequencies needed in The comments favoring adoption of at least ten days prior to the date on the area as compared to the number of the proposal set forth no reasons in sup­ which it is desired to begin program frequencies which would be required if port of the position taken; whereas, the operations, with the proviso that program the same number of licensees operated comment of Kern County, California,; operations of Station WRBL-TV on separate systems; states in opposition to the proposal: “it Channel 3, WTVM on Channel 9 and (b) Provide that mobile relay stations is recommended that the Commission WTVY on Channel 4 are not to be com­ in the Public Safety Radio Services will give official recognition to geographic menced until specifically authorized by be authorized only for the utilization of frequency coordinating committees the Commission after its evaluation and frequencies which are normally available which are already established, or will be acceptance of such data. for base stations; established, in their recommendation to 31. It is further ordered, That the Au­ (c) Provide that mobile relay stations the Commission for frequencies to be gust 15, 1957 counterproposal of Martin authorized in the Public Safety Radio used as mobile relay within the area Theatres of Georgia, Inc. (the subject of Services shall be so designed and in­ whether they be base or base and mobile the Commission’s January 20, 1958 No­ stalled as to normally be activated only frequencies, inasmuch as committees are tice of Further Proposed Rule Making) by means of a coded signal or signals or composed of representation from all the and the March 27, 1958 counterproposal such other means as will effectively pre­ users, as set forth in Part 10, within the of the Board of Education of the Mus­ vent activation by undesired signals; area, and are fully qualified to coordinate cogee County, Georgia, School District will be deactivated automatically when the operation of said mobile relays with are granted. its associated receivers are not receiving a minimum of engineering.” The objec­ 32..It is further ordered, That, except the signal on the frequency or frequencies tion to the adoption of the proposal set to the extent provided hereinabove, the which normally activate it; and that forth in the comment of Forestry Con­ several requests embodied in the Decem­ each mobile relay station will be deacti­ servation Communications Association ber 3, 1956 petition of Television vated upon receipt or cessation of a states: “It is felt that inasmuch as fre­ Columbus, the September 24, 1957 coun­ coded signal or signals and, in addition, quencies above 150 Me in the Forestry- terproposal of Columbus Broadcasting shall be provided with an automatic Conservation Radio Service, with the Company, Inc., the August 15, 1957 time delay or clock device which will exception of the frequency 458.05-458.95 counterproposal of the Georgia State De­ deactivate the station not more than Me are listed under § 10.355(d) as avail­ partment of Education, the March 3, three minutes after its activation; able for base-mobile operation and, since, 1958 counterproposals of Middle Georgia (d) Provide that stations “control­ it is desirable to also be able to operate a Broadcasting Company, and the April 2, ling” mobile relay stations may be mobile relay station on the frequencies 1958 comments of Herald Publishing authorized to operate on the “mobile 458.05 to 458.95 Me, we respectively sub­ Company are denied, and that this pro­ service” frequency assigned to the asso­ mit the request that the above portion ceeding is terminated. ciated mobile stations. of paragraph (a) be changed to read (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 2. Interested persons were given op­ ‘pursuant to the provisions of § 10.355(d) 154. Interpret or apply secs. 301' 303, 307, portunity to file original and/or reply available for base or mobile station’.” 48 Stat. 1081, 1082, 1083; 47 U.S.C. 301, 303, comments in support, of or in opposition Pursuant to the provisions of §§ 10.255, 307) to the proposed, rule amendments de­ 10.305, 10.355, 10.405, and 10.555, fre­ Adopted: July 15,1959. scribed above. The time for the filing of quencies designated for use by “mobile” such original and reply comments has stations may presently be authorized for Released: July 17, 1959. now expired. use at base stations, including mobile F ederal Communications 3. A total of thirteen parties filed com­ relay stations, only after coordination Commission, ments in this proceeding. Of these com­ with other licensees in the areas is [seal] Mary J ane M orris, - ments two, those of the Associated Police effected and subject to the condition that Secretary. Communications Officers, Inc., and the no harmful interference will be caused to City of San Diego, California, unequiv­ the service of any mobile station using [F.R. Doc. 59-6021; Filed, July 21, 1959; ocally supported adoption of the amend­ the particular frequency. In view of this 8:50 a.m.] ments proposed by the Notice of Proposed fact, the Commission is persuaded that Rule Making. Each of the remaining elimination of the absolute prohibition eleven comments supported a portion of against assignment to mobile relay sta­ tions of frequencies designated as “mo­ [Docket No. 12747; FCC 59-717] the proposed amendments but also re­ quested that at least one of the proposals bile” frequencies will not be prejudicial PART 10— PUBLIC SAFETY RADIO be adopted only if modified to some to effective and efficient usage of fre­ SERVICES extent. quencies allocated to the Public Safety 4. The Notice of Proposed Rule Making Radio Services. Accordingly, such pro­ Authorization of Mobile Relay proposed to amend §§ 10.254(a), hibition is being eliminated from the Stations proposed amendment and the amend­ 10.304(a), 10.354(a), 10.404(a), and ment will be adopted as so modified. *n the matter of amendment of Part 10.554(a) so as to provide that mobile 5. The Notice of Proposed Rule Mak­ 10 of the Commission’s rules so as to relay stations in the Police, Fire, For­ ing proposed to delete from §§ 10.254(a), remove certain restrictions relating to < estry-Conservation, Highway Mainte­ 10.304(a), 10.354(a), and 10.404(a), and the authorization of mobile relay sta­ nance, and Local Government Radio 10.554(a) the requirement that mobile 5838 RULES AND REGULATIONS relay stations may be authorized only of the reactions which this proposal en­ Our City Is at present using a repeater gendered is that of the Forestry Con­ located in a remote location which is con­ where a radio system can not function trolled by microwave from our main dispatch satisfactorily without communication servation Communications Association point in the city hall. This dispatch point is between mobile units over a distance in which stated: manned at all times that the system is in use excess of that which can be obtained by The desirability for tone control of mo­ and the operator can deactivate the repeater direct car-to-car communication or bile relay stations which are activated by positively through the microwave circuit. where an integrated system of radio frequencies below 150 Me to prevent activa­ We believe this meets the Commission’s ob­ communication is desirable between two tion by undesirable signals, is recognized. jective in proposing the use of a coded tone or more licensees and whereby the mo­ The same form of control does not appear for deactivation of the repeater and, in fact, desirable or necessary in the case of mobile is more positive in operation since control bile relay stations in the integrated sys­ relay stations activated by frequencies above can be withheld from any unit, even one opr tems provides an actual reduction in the 150 Me. Extensive experience by several erating in our own system. number of frequencies needed in the states in operating mobile relay stations ac­ area as compared to the number of fre­ tivated by frequencies above 150 Me has After considering all comments filed, quencies which would be required if the failed to produce evidence of the activation the Commission finds that the public in­ same number of licensees operate sepa­ of such mobile relay stations by signals other terest will be served by adoption of the rate systems. than the normal activating frequency. proposals discussed in this paragraph, The only comment filed in this pro­ The comment of Motorola, Inc., states: with the following modifications: The re- ceeding which opposed the deletion of the quirerfients set forth in this proposal will Motorola supports the Commission’s con­ be made applicable only to mobile relay present requirements detailed above was cern that mobile relay systems should be so that of the Florida Fish and Game Com­ engineered so as to preclude a possibility of stations which are activated by the use of mission. This objection was set forth as their actuation by undesired signals. This frequencies below 50 Me and will be follows: “This section of the docket is especially true when the frequency which adopted in a form which will only require seems to embody the basic purpose of the actuates the mobile relay station (the mobile that mobile relay stations be so designed proposed change and as such is admis­ transmit frequency) falls in the 25—50 Me and installed as to be deactivated upon sive of the fact that the proposal is not band. In contrast, the same propagation receipt or cessation of a coded signal or characteristics which limit direct mobile- shall be equipped with an automatic time based upon an advancement of the art, to-mobile range on frequencies higher in the either technically or system-wide. spectrum, also reduces the probability of delay or clock device which will de­ Rather it seems to constitute an inter­ mobile relay systems being actuated by un­ activate the station not more than three polation of FCC undesirable administra­ desired signals * * *./ Years of experience minutes after its activation; tive load into a still more undesirable with such systems [mobile relay systems] Several parties requested that should economics load upon the supporting tax in the Industrial Services have shown that such proposal be adopted, the Commis­ structures of those non-governmental the use of tones is generally unnecessary sion exempt from the requirements agencies operating under Part 10.” Since above 150 Me but should be permitted and thereof all mobile relay stations author­ the proposed deletion of provisions ap­ not made mandatory. ized prior to the effective date of the pearing in the present rules merely That portion of the proposal which amendment. A check of the Commis­ eliminates special qualifications for au­ would require that mobile relay stations sion’s records indicates that very few thorization of mobile relay stations in the be so designed and installed as to be presently authorized mobile relay sta­ Public Safety Radio Services, it is dif­ deactivated upon receipt or cessation of tions are in systems where the activating ficult to understand the allegation of the a coded signal or signals “and in addi­ frequency, that of the associated mobile Florida Fish and Game Commission that tion shall be provided with an automatic units, is below 50 Me. In view of this fact such deletion will transfer an adminis­ time delay or clock device which will and the fact that the proposal is being trative burden from the Commission to deactivate the station not more than adopted in such manner as to make the the user. Accordingly, the objection of three minutes after its activation” was requirements relative to coded signal the Florida Fish and Game Commission also objected to by the Forestry Con­ activation and deactiVation mandatory and the stated basis therefor do not servation Communications Association. only for those mobile relay stations* ac­ appear to warrant rejection of the pro­ This Association stated : tivated by signals transmitted on fre­ posed rule change. It is felt that the mandatory use of both quencies below 50 Me, the adoption of the 6. In lieu of the present requirementstone coded signals or cessation of coded sig­ proposal as modified, will have adverse specified in paragraph 5 hereof, the No­ nals and a time delay or clock device is economic impact only upon an extremely tice of Proposed Rule Making proposed unnecessary to accomplish the desired re­ small number of licensees. Furthermore, to add in §§ 10.254(a), 10.304(a), 10.354 sults. Experience with several hundred mo­ the Commission is of the opinion that the bile relay stations in the Forestry Conserva­ benefits to be derived from promulgation (a), 10.404(a), and 10.554(a) the require­ tion Radio Service equipped with time delay ment that mobile relay stations author­ deactivating devices has proven such an of the requirements set forth in the pro­ ized pursuant to the provision of these arrangement to be effective in accomplishing posal being discussed herein, as modified, sections be so designed and installed the result we feel is desired by the proposal more than offset any detriment which that: normally it will be activated only in § 10.354(a) (3). We respectfully request may accrue to those few licensees of by means of a coded signal or signals or the wording in the Commission’s proposal presently authorized mobile relay sta­ such other means as will effectively pre­ of § 10.354(a) (3) to be as follows: tions which may be activated by signals vent its activitation by undesired sig­ “Each mobile relay station authorized transmitted on frequencies below 50 Me. pursuant to this section shall be so designed Accordingly, the requested exemption of nals; it will be deactivated automatically and installed that it will be deactivated upon when its associated receivers are not re­ receipt or cessation of a coded signal or sig­ presently authorized mobile relay sta­ ceiving the signal on the frequency or nals or shall be provided with an automatic tions from the requirements being frequencies which normally activates it; time delay or clock device which will de­ adopted is denied. and it will be deactivated upon receipt or activate the station not more than three 7. The Notice of Proposed Rule Mak­ cessation of a coded signal or signals minutes after its activation”. ing proposed to add §§ 10.254(d), 10.304 and, in addition, shall be provided with The City of Los Angeles, California (c), 10.354(c), 10.404(d>, and 10.554(c) an automatic time-delay or clock device suggests that the proposal be modified and amend §§ 10.255(f), 10.305(e), which will deactivate the station not so as to provide that in lieu of requiring 10.355(c), 10.405(d>, and 10.555(e) so as more than three minutes after its to provide that “control” stations in the the design and installation of mobile Police, Fire, Forestry-Conservation, activation. relay stations to be such that they will be The proposal which, if adopted, would Highway Maintenance, and Local Gov­ require mobile relay stations in the Pub­ deactivated upon receipt or cessation of a ernment Radio Services which are as­ lic Safety Radio Services to be so de­ coded signal or signals that the licensee sociated with one pr more mobile relay signed and installed as to provide for be allowed to “provide a positive control stations, authorized pursuant to Part 10 coded signal actuation and de-actuation from a manned control point which will of the Commission’s rules, may be as­ results from the Commission’s concern allow the repeater to be placed in an in­ signed the mobile service frequency as­ that mobile relay systems in the Public operative condition if required by an signed to mobile stations associated with Safety Radio Services should be so engi­ improper operation.” In support of this such mobile relay stations; assignment of neered so as to preclude the possibility of suggestion, the City of Los Angeles such frequencies to these “control” sta­ actuation by undesired signals. Typical states: tions would be subject to the condition Wednesday, July 22, 1959 FEDERAL REGISTER 5839 that harmful interference not be caused relay stations which are activated by such control station is subject to the con­ to stations of other licensees operating in frequencies below 50 Me be coded signal dition that harmful interference not be the mobile service in accordance with the activated and deactivated will, in the caused to stations of other licensees op­ Table of Frequency Allocations as set opinion of the Commission, substantially erating in the mobile service in accord­ forth in Part 2 of the Commission’s rules. preclude the possibility of such mobile ance with the table of frequency alloca­ The comment of the Florida Fish and relay stations being activated by un­ tions as set forth in Part 2 of this Game Commission states in regard to desired signals. chapter. , this proposal: Furthermore, the assignment of the 2. Section 10.255(f) is amended to This Commission favors this change in the “mobile service frequency” of associated read as follows: rules and is of the opinion it will contribute mobile units to control stations associ­ to more adequate control and flexibility of ated with mobile relay stations will be § 10.255 Frequencies available to the the system, provided, no frequency below 150 subject to the condition that harmful Police Radio Service. Me be assigned mobile or base control units interference not be caused to stations of ***** for the purpose, either primarily or second­ other licensees operating in the mobile arily, of activating a mobile relay station (f) Control and repeater stations, ex­ transmitter t>r allied equipment. service in accordance with the Table of cept as provided for^by § 10.254(d), in Frequency Allocations as set forth in the Police Radio Service may be author­ The Forestry Conservation Communi­ Part 2 of the Commission’s rules. Ac­ ized on a temporary basis to operate on cations Association states that it is in cordingly, this proposal is being adopted frequencies available for basé and mobile agreement with this proposal and feels in the form in which it was proposed. stations above 152 Me, provided an ade­ that adoption of such proposal “will con­ 8. Accordingly, it is ordered, Pursuantquate showing is made why such tribute to more adequate control and to the authority contained in sections operations cannot be conducted on provide system flexibility. It is felt, how­ 4(i) and 303 of the Communications Act frequencies allocated R> the Operational ever, that under no circumstances of 1934, as amended, that Part 10 of the Fixed Service. Such operation on base should this proposal be extended to fre­ Commission’s rules be and is amended, or mobile frequencies will not be author­ quencies below 150 Me.” The comment effective August 21, 1959, as set forth ized initially nor renewed for periods in of Motorola, Inc., supports adoption of below. excess of one year. Any such authoriza­ this proposal and states: (See. 4, 43 Stat. 1066, as amended; 47 U.S.C. tion shall be subject to immediate termi­ Along with the Commission’s proposal to 154. Interprets or applies sec. 303, 48 Stat. nation if harmful interference is caused eliminate special qualifications for mobile 1082, as amended; 47 U.S.C. 303) to the Mobile Service, or if the particular relay systems in the Public Safety Services, Adopted: July 15,1959. frequency is required for mobile service with the exception of the Special Emergency operations in the area concerned. Service, it is certainly in the interest of all Released: July 17,1959. concerned to simultaneously amend, the 3. Section 10.304 is amended to revise rules to permit control stations to be au­ F ederal Communications the text of paragraph (a) and to add thorized to transmit on the mobile service Commission, a new paragraph (c) as follows: frequency, assigned to the associated mobile [seal] Mary J ane Morris, station * * j*. Unless this phase of the pro­ Secretary. § 10.304 Station limitations. posal is adopted many mobile relay systems will continue to use three frequencies. Part 10 of the Commission’s rules, (a) Mobile relay stations in the Fire Thus, the existing rules place an unneces­ public safety radio services, is amended Radio Service will be authorized only on sary economic burden on the licensee when as follows: frequencies above 150 Me which are, pur­ three frequencies, as required, result in an 1. Section 10.254 is amended to revisesuant to- the provisions of .§ 10.305(f), inefficient use of the spectrum. the text of paragraph (a) and to add a available for base or mobile stations. The City of Los Angeles, California also new paragraph (d) as follows: Each mobile relay station authorized supports adoption of this proposal and pursuant to the provisions of this section in support of its position states: § 10.254 Station limitations. which is intended to be activated by sig­ (a) Mobile relay stations in the Police nals transmitted on a frequency below In our opinion, this will clarify permissible 50 Me shall be so designed and installed use of mobile relay stations, allow the use of Radio Service will be authorized only on control stations operating on the mobile frequencies above 150 Me which are, that: frequencies which many times are essential pursuant to the provisions of § 10.255(g), (1) Normally is will be activated only to overall system operation, and insure suf­ available for base or mobile stations. by means of the coded signal or signals ficient safeguards to adequately control this Each mobile relay station authorized or such other means as will effectively type of operation. The ability to use con­ pursuant to the provisions of this section prevent its activation by undesired trol stations at remote locations in branch which is intended to be activated by sig­ signals; service yards for direct contact to mobile (2) It will be deactivated automati­ repeater with mobile units in the field, is nals transmitted on a frequency below essential for the development of our radio 50 Me shall be so designed and installed cally when its associated receivers are system serving the Highway Maintenance that: not receiving the signal on the frequency and sanitation bureaus of the City and the (1) Normally it will be activated only or frequencies which normally activate Department of Animal Regulation and the by means of the coded signal or signals it; and Office of the Civil Defense. or such other means as will effectively (3) It will be deactivated upon receipt or cessation of a coded signal or signals, The present provisions of the rules ap­ prevent its activation by undesired sig­ plicable to the Public Safety Radio Serv­ nals; or shall be provided with an automatic ices would permit the assignment to sta­ (2) It will be deactivated automat­ time delay or clock device which will tions controlling mobile relay stations oi ically when its associated receivers- are deactivate the station not more than not receiving the signal on the frequency three minutes after its activation. the mobile service frequency when sue! * * * y-n* * mobile service frequency is above 150 Me or frequencies which normally activate Therefore, adoption, of the suggestior it; and (c) A control station associated with made by the Forestry Conservation Com­ (3) It will be deactivated upon receipt one or more mobile relay stations, au­ munications Association and the Floridi or cessation of a coded signal or signals, thorized pursuant to this section, may be Fish and Game Commission (that as­ or shall be provided with an automatic assigned the mobile service frequency signment to stations “nontrolling” mobile time delay or clock device which will de­ assigned to the associated mobile station. relay stations of the “mobile service fre­ activate the station not more than three Use of the mobile service frequency by quencies” of associated mobile units be minutes after its activation. srich control station is subject to the restricted sojas to allow assignment ol condition that harmful interference not such frequencies oniy when they are * * * * * be caused to stations of other licensees above 150 Me) would require no change (d) A control station associated withoperating in the mobile service in ac­ m the rules arid accomplish no beneficial one or more mobile relay stations, au­ cordance with the table of frequency al­ Purpose. In this connection, it is noted thorized pursuant to this section, may be locations as set forth in Part 2 of this that no basis for the suggested restric­ assigned the mobile service frequency chapter. tion is set out by the comments of these assigned to the associated mobile station. 4. Section 10.305(e) is amended to parties. The requirement that mobile Use of the mobile service frequency by read as follows: 5840 RULES AND REGULATIONS

§ 10.305 Frequencies available to the provided an adequate showing is made ate termination if harmful interference Fire Radio Service. why such operation cannot be conducted is caused to the mobile service or if the ***•' * on frequencies allocated to the Opera­ particular frequency is required for mo­ (e) Control and repeater stations, ex­tional Fixed Service. Such operation on bile service operations in the area cept as provided for by § 10.304(c), in base or mobile frequencies will nbt be concerned. the Fire Radio Service may be authorized authorized initially nor renewed for pe­ riods in excess of one year. Any such 9. Section 10.554 is amended to revise on a temporary basis to operate on fre­ the text of paragraph (a) and to add a quencies available for base and mobile authorization shall be subject to immedi­ new paragraph (c) as follows: stations above 152 Me, provided an ade­ ate termination if harmful interference quate showing is made why such opera­ is caused to the ^Mobile Service or if the § 10.554 Station limitations. tion cannot be conducted on frequencies particular frequency is required for (a) Mobile relay stations in the Local allocated to the Operational Fixed Serv­ mobile service operations in the area Government Radio Service will be au­ ice. Such operation on base or mobile concerned. thorized only on frequencies above 150 frequencies will not be authorized in­ 7. Section 10.404 is amended to revise Me which are, pursuant to the provisions itially nor renewed for periodsJn excess the text of paragraph (a) and to add a of § 10.555(f), available for base or mo­ of one year. Any such authorization new paragraph (d) as follows: bile stations. Each mobile relay station shall be subject to immediate termina­ authorized pursuant to the provisions of tion if harmful interference is caused to § 10.404 Station limitations. this section which is intended to be acti­ the Mobile Service or if the particular (a) Mobile relay stations in the' High­vated by signals transmitted on a fre­ frequency is required for mobile service way Maintenance Radio Service will be quency below 50 Me shall be so designed operations in the area concerned. authorized only on frequencies above 150 and installed that: 5. Section 10.354 is amended to revise Me which are, pursuant to the provisions (1) Normally it will be activated only the text of paragraph (a) and to add a of § 10.405(e), available for base or mo­ by means of the coded signal or signals new paragraph (c> as follows: bile stations. Each mobile relay station or such other means as will effectively authorized pursuant to the provisions of prevent its activation by undesired § 10.354 Station limitations. this section which is intended to be signals; (a) Mobile relay stations in the For­activated by signals transmitted on a (2) It will be deactivated automati­ estry-Conservation Radio Service will be frequency below 50 Me shall be so de­ cally when its associated receivers are authorized only on frequencies above 150 signed and installed that: not receiving the signal on the frequency Me which are, pursuant to the provisions (1) Normally it will be activated only or frequencies which normally activate of § 10.355(d), available for base or mo­ by means of the coded signal or signals it; and bile stations. Each mobile relay station or "such other means as will effectively (3) It will be deactivated upon receipt authorized pursuant to the provisions of prevent its activation by undesired or cessation of a coded signal or signals, this section which is intended to be ac­ signals; or shall be provided with an automatic tivated by signals transmitted on a fre­ (2) It will be deactivated automati­ time delay oisclock device which will de­ quency below 50 Me shall be so designed cally when its asociated receivers are not activate the station not more than three and installed that : receiving the signal on the frequency or minutes after its activation. (1) Normally it will be activated only frequencies which normally activate it; ***** by means of the coded signal or signals and or such other means as will effectively (3) It will be deactivated upon receipt (c) A control station associated with prevent its activation by undesired or cessation of a coded signal or signals, one or more mobile relay stations, au­ signals; or shall be provided with an automatic thorized pursuant to this section, may be (2) It will be deactivated automatically time delay or clock device which will de­ assigned the mobile service frequency when its associated receivers are not re­ activate the station not more than three assigned to the associated mobile station. ceiving the signal on the frequency or Use of the mobile service frequency by minutes after its activation. such control station is subject to the con­ frequencies*which normally activate it; ♦ * * * » and dition that harmful interference not be (d) A control station associated with caused to stations of other licensees (3) It will be deactivated upon re­ one or more mobile relay stations, au­ ceipt or cessation of a coded signal or operating in the mobile service in ac­ signals, or shall be provided with an thorized pursuant to this section, may be cordance with the table of frequency assigned the mobile service frequency as­ allocations as set forth in Part 2 of this automatic time delay or clock device signed to the associated mobile station. chapter. which will deactivate the station not Use of the mobile service frequency by more. than three minutes after its such control station is subject to the con­ 10. Section 10.555(e) is .amended to activation. dition that harmful interference not read as follows: C ’ * ♦ * * * be caused to stations of other licensees § 10.555 Frequencies available to the (c) A control station associated with operating in the mobile service in ac­ Local Government Radio Service. one or more mobile relay stations, au­ cordance with the table of frequency ***** thorized pursuant to this section, may allocations as set forth in Part 2 of this (e) Control and repeater stations, ex­ be assigned the mobile service frequency chapter. assigned to the associated mobile station. cept as provided for by § 10.554(c), in Use of the mobile service frequency by 8. Section 10.405(d) is amended to the Local Government Radio Service will such control station is subject to the con­ read as follows: be authorized only on frequencies allo­ cated to operational fixed stations. dition that harmful interference not be § 10.405 Frequencies available to the caused to stations of other licensees op­ Highway Maintenance Radio Service. [F.jR. Doc. 59-6022; Filed, July 21, 1959; erating in the mobile service in accord­ * • • * • 8:50 a.m.] ance with the table of frequency alloca­ (d) Control and repeater stations, ex­ tions as set forth in Part 2 of this cept as provided for by § 10.404(d), in chapter. the Highway Maintenance Radio Service 6. Section 10.355(c) is amended to may be authorized on a temporary basis [Docket No. 12728; FCC 59-716] read as follows: to operate on frequencies available for PART 12— AMATEUR RADIO SERVICE § 10.355 Frequencies available to the base and mobile stations above 150.8 Me, Forestry-Conservation Radio Service. provided an adequate showing is made Operating Privileges for Technician ***** why such operation cannot be conducted Class Amateur Operator (c) Control and repeater stations, ex­ on frequencies allocated to the Opera­ In the matter of amendment of Part cept as provided for by § 10.354(c), in the tional Fixed Service.* Such operation on 12 of the Commission’s rules, Amateur Forestry-Conservation Radio Service base or mobile frequencies will not be Radio Service, to permit operating may be authorized on a temporary basis authorized initially nor renewed for pe­ privileges for the Technician Class ama­ to operate on frequencies available for riods in excess of one year. Any such teur operator in the 144-148 Me band; base and mobile stations above 150.8 Me, authorization shall be subject to immedi­ Docket No. 12728. Wednesday, July 22, 1959 FEDERAL REGISTER 5841 1. On January 7, 1959, the Commis­ adjacent to the 144-148 Me amateur band operate in the band may well overload it in sion adopted a Notice of Proposed Rule as well as in that band. those areas. Furthermore, although “the (f) The rule change would provide a com­ importance of occupancy of these higher Making in the above-entitled matter mon meeting ground “wherein Novice and frequency bands for their future availability which was released on January 13, 1959, Technician licensees may communicate with to the amateur service * * *” is fully and published in the F ederal R egister each other * * *” on the same band “* * * realized “* * • it is felt that Technician of January 16, 1959 (24 F.R. 396). In whereas none now exists." privileges designed solely for occupancy are a that Notice it was proposed to amend (g) It would relieve an economic hard­ step backward as far as improving the ama­ Section 12.23(d) of the rules to permit ship now imposed upon Novice licensees teur art is concerned. An extremely impor­ the holders of Technician1 Class ama­ who progress to the Technician Class but tant provision for Technician occupancy teur operator licenses to operate in the not to the General Class in that they would, should be some means of promoting their under the proposal, be enabled to continue participation in experimentation and de­ 144-148 Me amateur band. Ample op­ use of their 144 Me equipment. velopment and not merely allowing general portunity was afforded interested parties "(h) The 144 Me band has not been devel­ communications to prevail.” to submit comments in support of, or in oped to any appreciable extent in many (f) The amendment, if adopted, will not opposition to, the proposed amendment; areas. “Technicians” would greatly assist add to the number of persons qualified to and the time allowed for filing such com­ in developing it as they have the 50 Me band. provide emergency communications since ments has expired. (i) The proposed amendment would “Technicians” generally, are not concerned greatly assist those “Technicians” living in with message procedure nor interested in 2. Rule changes proposed in this pro­ TV channel 2 areas by providing a VHP band ceeding were engendered by a petition improving their operating practices. Also, much less likely to interfere with television since “Technicians” are not eligible for filed by Mr. Robert K. Wallace, R.R. #1, reception. RACES station authorizations, no addi­ Box 7, Bellbrook, Ohio, licensee of ama­ (j) The “Technicians," by increasing the tional emergency communications stations teur station K8BYQ. occupancy of the band, will provide “greater would result from the proposal. The Commission has received a very potential for contribution to technical (g) “The Technician already has enough large number of comments, both for and knowledge.” The “Technicians” are pres­ room in the 50 Me band and only uses the ently hampered in propagation investiga­ lower 800 kc of that.” against the proposal, from individuals tions by the great gap between the 50 Me and from organizations representing and 220 Me bands at present available to 5. A considerable number of comments large numbers of interested parties in­ them. were to the effect that something less cluding the American Radio Relay (k) "The harmonic relationship between than the whole 144-148 Me band should League, Inc.,2 and a number of amateur 144, 432, and 1296 megacycles bands will be made available for “Technicians” or radio clubs. serve to increase activity * * *” and experi­ mentation in the UHP region. that special conditions be made applica­ 3. The League filed its comment in (l) “There is no legitimate reason to ble to any such availability. These rec­ support of the proposed amendment to single out one band in a contiguous group ommendations included a large variety of the rules and stated: “ -* * * We agree and deny ‘Technicians’ the right to oper­ proposals for opening portions of the with the Commission’s conclusion that ate in it.” band to “Technicians.” One of these was several of the pertinent considerations 4. The principal arguments advancedthat 144.1 to 148 Me be made available have undergone changes in the four to “Technicians” with the 144.1 to 144.2 yeans since a similar proposal was dis­ by those opposed to the proposed amend­ ment are: Me segment being for A1 emission only. missed, largely at our request. The Others suggested 145-147 Me; 145-148 League feels that, in general terms, the (a) The Technician Class license was established in order to promote experimenta­ Me; and 145-146 Me with a 75 watt arguments set forth are valid and power limit. Some comments suggested meritorious.” tion in the higher portion of the spectrum and to permit the study of propagation that A1 and A2 emission only be per­ The principal arguments which were characteristics and the development of mitted to “Technicians” operating in the advanced by comments supporting adop­ equipment and communication techniques band to encourage their increasing their tion of the proposal may be summarized by persons not interested in the routine ex­ code speed. Others suggested that the as follows: change of communications. The experience band be available to only those “Tech­ (a) “The 144-148 Me band offers a ‘step­ gained since the 60—54 Me band was made nicians” who have passed the 13 words ping stone* between the familiar techniques available - to "Technicians” indicates that little experimentation is conducted in that per minute code test. A number of ama­ of communication in the HP region and teurs recommended that the band be those in existence and under development band by “Technicians” and that the pre­ for the UHF region. (Example: 144 Me is dominant use of the band by this Class of made available to only those “Techni­ probably the lowest amateur-assigned fre­ amateur operator is for “rag chewing.” The cians” who have passed the examination quency for effective application of parametric same situation would probably result in the under the supervision of Commission amplification techniques now being devel­ 144-148 Me band, should it be made available personnel! others that all “Technicians” oped.) This band thus offers a real chal­ to “Technicians,” in that the great majority be required to take the examination be­ lenge in advancing the state-of-the-art as would use it for purposes other than experi­ fore a Commission examiner; still others well as the achievements obtainable from mentation. This is borne out by the very that “Technicians” be Required to take known techniques." Furthermore, it offers large amount of commercially built equip­ the less experienced amateurs an easier ment being used by “Technicians” in the the Amateur Extra Class license written transition to the higher VHP aad the UHP 50—54 Me band and the fact that much of examination or an examination equiva­ than the present span of 50 Me to 220 Me. this same equipment is also operable in the lent to the first or second class Radio­ (b) “The normal short range propagation 144-148 Me band. telephone Operator License examination. characteristics of the frequency band under (b) As has happened in the 50-54 Me 6. The Commission has carefully con­ consideration make it well suited to limited band, the proposed amendment would tend sidered every comment filed in this pro­ range emergency communications.’' to reduce further the number of technicians ceeding and has evaluated the soundness (c) “Civil Defense activities will be accel­ who will increase their code speed to 13 of the reasons given for each expressed erated inasmuch as there are many areas words per minute and qualify as General which utilize the band for their activities, Class licensees. This tends to lower the position. As a result of this consider­ and which do not utilize the 50-54 Me ama­ standards of the amateur service as a-whole ation the Commission finds: teur band.” This would be the “best band since it reduces the percentage of amateurs (a) Frequencies in the 144-148 Me for civil defense work open to all amateurs.” who are capable radio telegraph operators. range have been demonstrated to be very (d) “in case of emergency (CD nature) (c) The Technician Class license term is useful and reliable for communication it would create a pool of skilled operators five years and is renewable. Therefore, the proposal to permit “Technicians” to operate purposes over distances of up to and on a band' that would be more useful for in an additional band will reduce the incen­ somewhat beyond line-of-sight. Fur­ short range communications than 6 meters tive of this class amateur operator to obtain thermore, long range interference is sel­ [50-54 Me].” General Class privileges. The CivU Air Patrol and the Military (d) “Technicians” at the present time do dom a serious problem at these frequen­ Affiliate Radio System will be assisted be- very little experimental work and have con­ cies. Consequently, the band could ^ Use ®AP and MARS personnel who are tributed little toward advancement of the provide means for carrying on neces­ echnicians” will be encouraged to pur- art. To permit them to operate in the 144- sary civil defense and emergency com­ C+ffe 71111 •SuWnient capable of being oper- 148 Me band would lessen intere-t at 220 Me munications over short and medium ated on the CAP and MARS VHF frequencies and above, thereby further defeating the purpose of the “Technician’s” license. range distances and use of the frequen­ (e) In a number of the larger metro­ cies may be duplicated in relatively 1 Hereinafter referred to as “Technicians.** politan areas the 144-148 Me band Is already closely spaced areas without mutual oreinafter referred to as the League. well occupied. Permitting “Technicians” to interference. No. 142— 4 5842 RULE5 AND REGULATIONS

(b) “Technicians” are the only ama­ creasing their code speed and, hence, the termination of service. (Also amend­ teurs who presently have no access to qualifying for General Class privileges; ment of Part 33 with respect to the same the 144-148 Me band. Making this band it would result in the least disruption of m atter); Docket No. 12568. available to “Technicians” would pro­ General Class licensees who are presently 1. On July 31, 1958, the Commission vide one area of the spectrum in which using specific segments of the band; adopted a Notice of Proposed Rule all amateurs could intercommunicate on Novices who progress first to “Tech­ Making in the above-entitled matter, one band, and the only area in which nicians” could continue to use their which was published in the F ederal Reg­ “Technicians” and Novices could so equipment without the necessity of shift­ ister on August 6, 1958 (23 F.R. 5960) , intercommunicate. ing frequency; and this, coupled with the in ^accordance with section 4(a) of the (c) Adoption of the proposal would fact that amateurs tend to group in band Administrative Procedure Act. This No­ permit experimentation by “Techni­ segments so as to intercommunicate tice presented for comment, on or^before cians” in the 144-148 Me band and more consistently using the same mode September 15, 1958 (with allowance for thereby increase the potential for the of operation, appears to provide the best reply comments within twenty days advancement of general knowledge of solution in arriving at a choice of band thereafter) a proposal of American Tele­ this portion of the spectrum. segment for “Technicians” in the band. phone and Telegraph Company (AT&T), (d) Opening the band for “Techni­ 8. Accordingly, it is ordered, Pursuant made on behalf of itself and the Bell cians” would tend to more evenly dis­ to the authority contained in sections 4 System companies, that the prescribed tribute activity in the VHF amateur (i) and 303 of the Communications Act accounting in Part 3 ^(Uniform System bands. of 1934, as amended, that Part 12 of the of Accounts, Class A and Class B Tele­ (e) Even though “Technicians” are not Commission’s rules be and is amended, phone Companies) of the Commission’s eligible for RACES station licenses, per­ effective August 21, 1959, as set forth Rules which states that the operating mitting them to operate their amateur below. revenue accounts shall be credited with stations in the 144-148 Me band would 9. It is further ordered, That the peti­ all amounts charged for termination of result in there being in use more equip­ tion of Mr. Robert H. Wallace for amend­ service be changed so as to provide that ment capable of operation in that band. ment of § 12.23(d) of the rules is granted amounts received at the termination of This additional equipment could be to the extent that the determinations service when such amounts are designed made available for use in RACES opera­ herein are consistent therewith and is, to cover the loss of investment in the tions thus contributing to the success of in all other respects, denied. particular case shall be credited to the civil defense activities. Furthermore, (Sec. 4, 48 Stat. 1066, as amended; 47 XT.S.C. depreciation reserve. There was also the “Technicians” who gain experience 154. Interprets or applies sec. 303, 48 Stat. presented for comment an alternative to in operating in the band would, thereby, 1082, as amended; 47 U.S.C. 303) the AT&T proposal which contemplated become a valuable asset in the conduct the continuance of the revenue credits of civil defense operation using these Adopted: July 15,1959. but, in order to provide in the deprecia­ frequencies. Released: July 17,1959. tion reserve for the loss of investment (f) Even though the 144-148 Me band recovered, would call for expense charges is well occupied in a number of large F ederal Communications With concurrent credits to the deprecia­ metropolitan areas, the amount of use Commission, tion reserve. Since The Western Union being made of it throughout most of the [seal] Mary J ane Morris, Telegraph Company may also be making country is relatively small. Thus, the Secretary. termination charges of the type AT&T use of these frequencies by “Techni­ Section 12.23(d) is amended to read as had in mind, comments were invited on cians” would aid materially in promoting follows: amending Part 35 (Uniform System of overall occupancy of the band. Accounts for Wire-Telegraph and (g) A large number of the comments § 12.23 Classes and privileges of amateur Ocean-Cable Carriers) of the Commis­ in opposition to the proposal contained operator licenses. sion’s rules in the same manner as Part the arguments that less than the entire ***** 31. In order to keep Part 34 (Uniform 144-148 Me band should be made avail­ (d) Technician Class. All authorized System of Accounts for Radiotelegraph able to “Technicians.” The reasons amateur privileges in the amateur fre­ Carriers) of the Commission’s rules par­ given were generally related to the belief quency bands 50 to 54 Me, 145 to 147 Me, allel in its provisions to Part 35, it was that opening the whole band to “Tech­ and in thè amateur frequency bands suggested that it might also be amended. nicians” would decrease the incentive of above 220 Me. 2. Timely comments were received these amateurs to experiment with and [F.R. Doc. 59-6023; Filed, July 21, 1959; from AT&T, General Telephone Service develop higher portions of the spectrum, 8:50 am.] Corporation (General), Hawaiian Tele­ and to increase their code, speed with the phone Company (Hawaiian), California intent to advance to General Class licen­ Interstate Telephone Company (Inter­ sees. These arguments appear to have state) , the Rural Electrification Admin­ merit and the Commission is led to con­ [Docket No. 12568; FCC 59-713] istration (REA), United States Inde­ cur therewith. It would appear that, to pendent Tefephone Association (USITA), attain a more even, distribution of oc­ PART 31— UNIFORM SYSTEM OF AC­ New Jersey Department of Public Util­ cupancy of the VHF amateur bands, in­ COUNTS FOR CLASS A AND CLASS ities (NJ) and the Wyoming Public Serv­ crease participation of amateurs in civil B TELEPHONE COMPANIES ice Commission (Wyo.). Since all the defense activities, and still retain some comments were received from telephone of the incentive for “Technicians” to gain PART 33— UNIFORM SYSTEM OF AC­ companies or from others whose inter­ General Class privileges, only part of the COUNTS FOR CLASS C TELEPHONE ests are more identified with telephone band under discussion should be made COMPANIES activities than with telegraph, the dis­ available to “Technicians.” cussion will be in terms of Part 31 of 7. In view of the foregoing, the Com­PART 34— UNIFORM SYSTEM OF AC­ the Commission’s rules. There were no mission concludes that the public inter­ COUNTS FOR RADIOTELEGRAPH replies to the original comments filed. est will be served by amending the rules CARRIERS No one requested a public hearing or oral so that only two megacycles, or^half, of argument. the 144-148 Me band are made available PART 35— UNIFORM SYSTEM OF AC­ 3. General and USITA believe that to “Technicians.” COUNTS FOR WIRE-TELEGRAPH Part 31 of our rules as presently written Further, the Commission concludes AND OCEAN-CABLE CARRIERS may reasonably be interpreted to provide that the 145-147 Me segment of the band for the depreciation reserve accounting is a reasonable choice for the specific Accounting for Certain of the Amounts desired by AT&T. However, USITA be­ Charged Customers Upon Termina­ lieves that a simple and direct clarifica­ band segment for a number of reasons; tion is desirable. NJ, on the other hand, namely, it would permit the “Tech­ tion of Service believes that the system of accounts as nicians” and Novices to intercommuni­ In the matter of amendment of Parts presently written calls for the account­ cate on the same band using voice or 31, 34, and 35 of the Commission’s rules ing contemplated by the alternative pre­ telegraphy; the two classes could take with respect to the accounting for certain sented for comment. No purpose w o u ld advantage of this for the purpose of in- of the amounts charged customers upon be served by discussing these points of WednesdayJuly 22, 1959 FEDERAL REGISTER 5843 view because we believe the-system of ceived upon cancellation of power con­ modified and supplemented as con­ accounts should be amended in such a tracts to the depreciation reserve, look­ sidered desirable to accomplish the manner that the accounting for this par­ ing upon them as being in the nature of changes most effectively. ticular type of termination charge will salvage recoveries. 11. The amendments adopted provide be perfectly clear to everyone. 8. AT&T, General, USITA and REA for continuing to credit all termination 4. NJ, despite its expressed view that object to the suggestion in the proposed charges to revenue and that, except for the system of accounts already covers the rule making that the termination charge relatively minor amounts,v where losses situation adequately, is willing to see an amounts which are to be accorded of investment occasioned by termina­ amendment adopted and, in that event, special accounting treatment be lim­ tions of service are recovered through would find no objection to the alternative ited to those exceeding $10,000. This termination charges then (in the case of proposal presented for comment. Wyo. limitation was suggested principally to Part 31) account 171 shall be credited believes an amendment is required and exclude small items which might occur and account 609 shall be charged with expresses no preference as between the with considerable frequency and be of the amounts thereof. It is possible that two proposals presented for comment. such nature that their effect on the de­ some termination charges of the type 5. AT&T, General, Interstate, REA preciation reserve would be contemplated under consideration may include an ele­ and USITA all believe the “Capital Ac­ in service life studies made for the pur­ ment of profit or some other amount counting” approach proposed by AT&T pose of determining depreciation rates. which does not represent recovery of the is the one which should be adopted. In view of the comments received, a dol­ estimated loss of plant investment. Ac­ Hawaiian also prefers the AT&T proposal lar limitation has not been adopted, but cordingly, the amendments are so worded although it finds the alternative proposal it has been provided that relatively minor as to exclude any such elements from to have some of the advantages of the amounts shall not be accorded the special charges to expense and credits to the de­ AT&T proposal. accounting even though they qualify for preciation reserve. When, in these 6. In answer to a possibility discussed it in other respects. If there are many amendments, reference is made to a ter­ in the proposed rule making, AT&T con­ termination charges, they * may ulti­ mination charge designed to recover the tends that it would not be feasible to mately have an effect upon depreciation loss in investment resulting from termi­ substitute initial nonrecurring installa­ accrual rates. nation of service, it is not intended to tion charges and higher regularly recur­ 9. General indicates that, under the limit the application to termination ring service charges for the type of “Revenue and Expense Accounting” ap­ charges calculated on a case-by-case termmation charges under considera­ proach, if termination charges are basis. Rather, it is intended to cover all tions The reason given or this conten­ treated as taxable income and the off­ termination charges designed to ac­ tion is that there is no practical basis setting charge to operating expenses is complish the recovery result, including for computing such initial and regular disallowed for tax purposes, it may be those geared to an estimated average charges. General also states that it necessary to collect additional amounts loss, of investment. Among the tele­ would not be practical to avoid termina­ from customers to cover the resulting graph carriers we believe that The tion charges in this manner fo r.th e taxes. General believes that “the In­ Western Union Telegraph Company, at reasons that, if there is no premature ternal Revenue Service would more likely least, may be making termination termination, no termination charge is accept the recovery as ‘depreciation re­ charges of a type deserving special ac­ involved and the date of termination of serve accounting’ if it is so recorded counting treatment. Consequently, Parts the contract usually is beyond the con­ on the books in accordance with F.C.C. 34 and 35 of our rules are being amended trol of the customer and cannot be fore­ requirements.” Hawaiian states that an along the same lines as the amendments seen by either the company or the cus­ advantage of the “Capital Accounting” ordered for Part 31. tomer. Difficulty in fixing nonrecurring approach would be a reduction of the 12. REA states that its interest in this installation charge^ or regularly recur­ amount of gross receipts taxes. The proposed rule making stems from the ring charges at levels to make termina­ Commission feels that possible tax ef­ fact that many state commissions have tion charges unnecessary is no answer fects cannot be permitted to control the adopted Part 31 and Part 33 (Uniform to our point that all three should be accounting it prescribes. It seems un­ System of Accounts for Class C Tele­ treated in like manner in the accounts. likely, in any event, that tax authorities phone Companies) of our Rules as their A more basic differentiation is required would not look behind the accounts and own rules and thus any changes in these to justify different accounting treatment. levy taxes according to their ideas of systems normally become applicable to 7. AT&T accepts the thought ex­ proper application of the tax statutes. REA borrowers. REA requires that pro­ pressed in our Notice of Rule Making that There are numerous examples of differ­ vision for termination charges be in­ the termination charges in question are ences between the accounts for tax pur­ cluded in certain contracts between sub­ charges for service. It does not disagree poses and for financial reporting. It is scribers and its telephone borrowers in that the general rule is that all charges to be noted, also, that total income taxes cases involving subscribers in rural areas for service are credited to revenues. It payable would not be affected, but only with specialized service requirements. asserts, however, that termination the timing of their impact on a com­ REA believes that the smaller telephone charges which are designed to reimburse munications carrier. companies subject to Part 33 when for capital costs in particular cases are 10. The Commission, faced with a adopted by state commissions may have from an accounting viewpoint different choice between two courses, viz, “Capi­ this type of termination charge. In the from other charges for service. They tal Accounting” or “Revenue and Ex­ proposed rule making, the Commission are, it adds, so special and contingent in pense Accounting,” has decided upon the stated that it was not believed necessary nature as to be in a class by themselves. latter. It is clear from all the Commis­ to amend Part 33 because it was thought AT&T draws an analogy between the. sion’s prescribed systems of account that that any telephone company making ter­ special type of termination charges with the operating revenue accounts are de­ mination charges of the type under con­ which we are concerned herein, and the signed to show amounts of money which sideration would not be using Part 33. liquidated damages recovery by the own­ become lawfully receivable by utilities However, in view of REA’s comments er from one who charters his ship and from the furnishing of communication Part 33 is being amended, but the man­ It is lost at sea. General makes a like service, including operations incidental ner of amendment supported by REA is point by analogy to insurance or salvage thereto. There are express exceptions not being adopted. It is believed that recoveries. REA points out that the to this general rule, such as for initial Part 33 should be amended in the same termination charges are computed on the charges based on the cost of specially manner as discussed hereinbefore for basis of estimated plant loss and argues assembled private branch exchanges, Part 31. that they are thus not charges for serv­ which were pointed out in the comments 13. The fact that we are amending our ice as such. REA also called attention of General and REA and in the petition accounting rules to provide specifically to Case E-105 relating to the uniform for rule making of AT&T. We are not for termination charges designed to re­ system of accounts for electric utilities persuaded that we should broaden the cover losses of plant investment suffered which the Committee on Accounts of scope of these exceptions in this instance. as a result of termination of service by Hi® National Association of Railroad and The amendments adopted do not follow a customer is not to be taken as an indi­ utilities Commissioners ruled in favor exactly the form presented in the Notice cation of our attitude toward the in­ ox crediting cancellation payments re­ of Proposed Rule Making but have been clusion of termination charges in a pub- 5844 RULES AND REGULATIONS lie utility rate structure or, if they are § 31.609 Extraordinary retirements. covery of service value loss. Amounts included, what form they should take. (a) This account shall include the pro­ thus charged to this account shall be It appearing that the proposed rule portion of the service value of telephone credited to account 2600, “Depreciation making proceeding in this matter has in­ plant retired, carried in account 138, reserve.” (See also § 33.66.) dicated the desirability of amendment of “Extraordinary maintenance and retire­ Note: Depreciation on miscellaneous Parts 31, 34 and 35 in substantially the ments,” which by specific authority of physical property shall be charged to account form of the "alternative proposal pre­ this Commission shall be charged to 6100, “Income from miscellaneous physical sented in the Notice of Proposed Rule operating expenses for the period. (Note property,” and credited to account 2790, Making; also § 31.02-83 and account 138.) “Other reserves.” It further appearing that Part 33 (b) This account shall also include HI. Part 34—Uniform System of Ac­ should be amended in a similar manner ; losses in service value, other than rela­ counts for Radiotelegraph Carriers, is It is ordered, That under authority tively minor amounts, suffered through amended as follows: contained in sections 4(i) and 220 of terminations of service when charges for 1. New § 34.04-5 is added, as follows: the Communications Act of 1934, as such terminations are made which are amended, Part 31 (Uniform System of designed to recover the loss in.service § 34.04—5 Plant retired compensated for Accounts, Class A and B Telephone Com­ value. The measure of a charge made by termination charges. panies), Part 33 (Uniform System of hereto shall be the portion of the ter­ When charges for terminations of Accounts, Class A and Class B Telephone mination charge assignable to recovery service are made which are designed to Companies), Part 33 (Uniform System of of service value loss. Amounts thus recover a loss in service value resulting Accounts for Radiotelegraph Carriers) charged to this account shall be credited therefrom a charge to account 4925, “Ex­ and Part 35 (Uniform System of Ac­ to account 171, "Depreciation reserve.” traordinary plant losses,” shall be made counts for Wire-Telegraph and Ocean- (Note also § 31.02-84.) as provided for in paragraph (b) of that Cable Carriers) are hereby amended as account. set forth below. II. Part 33—Uniform System of Ac­ It is further ordered, That the amend­ counts for Class C Telephone Companies, 2. Section 34.1515(a) is amended to ments ordered herein be effective Feb­ is amended as follows: read as follows: ruary 1, 1960; Provided, however, That 1. New § 33.66 is added, as follows: § 34.1515 Allowance for depreciation; any carrier may, if it so desires, make § 33.66 Plant retired compensated for radiotelegraph plant. these amendments effective in its ac­ by termination' charges. (a) This account shall be credited with counts at any earlier date that is sub­ When charges for terminations of serv­ amounts charged to account 4910, “De­ sequent to December 31, 1958. ice are made which are designed to re­ preciation,” to account 5010, “Income (Sec. 4, 48 Stat. 1066, as amended, 47 TJ.S.C. cover a loss in service value resulting from operated plant leased to others,” 154. Interpret or apply sec. 220, 48 Stat. therefrom a charge to account 5000, “De­ to account 5299, “Other deductions from 1078, 47 U.S.C. 220) preciation expense,” shall be made as ordinary income,” and to clearing ac­ Adopted: July 15, 1959. provided for in paragraph (b) of that counts for currently accruing deprecia­ Released: July 17, 1959. account. tion of radiotelegraph plant owned by 2. Section 33.2600(b) is amended to the carrier; also w’ith amounts charged F ederal Communications read as follows: to account 4925, “Extraordinary plant Commission, losses,” as provided in paragraph (b) [seal] Mary J ane Morris, § 33.2600 Depreciation reserve. thereof, and with amounts of deprecia­ Secretary. * * * * * tion applicable to plant contributed to 1. Part 31—Uniforjn System of Ac­ (b) At the time of retirement of de­the carrier, and plant acquired from counts for Class A and Class B Tele­ preciable telephone plant, this account predecessors as provided in §§ 34.1-2 and phone Companies, is amended as follows: shall be charged with the book cost of 34.1-5. (See also §§ 34.04-1, 34.04-2, 1.. New § 31.02-84 is added, as follows: the property retired plus the cost of 34.04-3, 34.04-4, 34.04-5, and 34.30-3.) removal (except the cost of removal of §31.02—84 Plant retired compensated 3. Section 34.4925 is amended to read station apparatus and station wiring) as follows: for by termination charges. and shall be credited with the salvage When charges for terminations of value and insurance recovered, if any. § 34.4925 Extraordinary plant losses. service are made which are designed to It shall be credited with amounts rep­ (a) This account shall be charged and recover a loss in service value resulting resenting extraordinary losses due to de­ account 1910, “Extraordinary mainte­ therefrom a charge to account 609, “Ex­ struction of plant by storms, floods, etc., nance, depreciation, and retirements,” or traordinary retirements,” shall be made transferred to account 1890, “Other de­ account 1515, “Allowance for deprecia­ as provided for in paragraph (b) of that ferred charges,” when so authorized by tion; radiotelegraph plant,” as appro­ account. the Commission .and with amounts priate, shall be credited with the unpro- 2. Section 31.171(b) is amended to charged to account 5000 as provided vided-for loss in service value of plant read as follows: in paragraph (b) thereof. (See also retired for causes not factors in deprecia­ § 33.66.) tion. (See also § 34.04-4.) § 31.171 Depreciation reserve. 3. Section 33.5000 is amended to read .(b) This account shall include also * ♦ * * * as follows: losses in service value, other than rela­ (b) At the time of retirement of de­ tively minor amounts, suffered through preciable telephone plant, this account § 33.5000 Depreciation expense. terminations of service when charges for Shall be charged with the original cost (a) This account shall include the such terminations are made which are of the property retired plus the cost of amount of depreciation charges appli­ designed to recover the loss in service removal and shall be credited with the cable to the accounting period for all value. The measure of a charge made salvage value and insurance recovered, classes of depreciable telephone plant, hereto shall be the portion of the termi­ if any. (With respect to entries relating except amounts charged to clearing ac­ nation charge assignable to recovery to station apparatus and station connec­ counts (if kept). The depreciation of service value loss. Amounts thus tions, see accounts 231 and 232). This charges shall be computed in accordance charged to this account shall be credited account shall also be credited with with § 33.65. to account 1515. (See also § 34.04-5.) amounts chargeable to account 138, “Ex­ (b) This account shall include also (c) The records supporting the entries traordinary maintenance and retire­ losses in service value, other than in this account shall be so maintained as ments,” as provided in § 31.02-83, and relatively minor amounts, suffered to show the amounts applicable to (1) with amounts charged to account 609, through terminations of service when “Extraordinary retirements,” as pro­ transmission service for each station and charges for such terminations are made (2) nontransmission service. vided in paragraph (b) thereof. (Note which are designed to recover the loss in also § 31.2-25.) service value. The measure of a charge IV. Part 35—Uniform System of Ac­ 3. Section 31.609 is amended to read made hereto shall be the portion of the counts for Wire-Telegraph and Ocean- as follows: termination charge assignable to re­ Cable Carriers, is amended as follows. Wednesday, July 22, 1959 FEDERAL REGISTER 5845 1. New § 35.04-5 is added, as follows: tion of wire-telegraph and ocean-cable (b) This account shall include also § 35.04—5 Plant retired compensated for plant owned by the carrier; also with losses in service value, other than rela­ by termination charges. amounts charged to account 4925, “Ex­ tively minor amounts, suffered through traordinary plant losses,” as provided in terminations of service when charges for When charges for terminations of paragraph (b) thereof, and with such terminations are made which are service are made which are designed to amounts of depreciation applicable to recover a loss in service value resulting designed to recover the loss in service plant contributed to the carrier and to value. The measure of a charge made therefrom a charge to account 4925, “Ex­ plant acquired from predecessors, as traordinary plant losses,” shall be made provided in §§ 35.1-2 and 35.1-5(g). (See hereto shall be the portion of the ter­ as provided for in paragraph (to) of that also §§ 35.04-1, 35.04-2, 35.04-3, 35.04-4, mination charge assignable to recovery account. 35.04-5, and 35.30-3.) of service value loss. Amounts thus charged to this account shall be credited 2. Section 35.1515(a) is amended to 3. Section 35.4925 is amended to read read as follows: to account 1515, “Allowance for depre­ as follows: ciation; wire-telegraph and ocean-cable § 35.1515 Allowance for depreciation; § 35.4925 Extraordinary plant losses. plant.” (See also § 35.04-5.) wire-telegraph and ocean-cable plant. (a) This account shall be charged (c) The records supporting the en­ (a) This account shall be credited withwith amounts representing the unpro- tries in this account shall be so main­ amounts charged to account 4910, “De­ tained as to show separately the amounts preciation,” to account 5010, “Income vided-for loss in service value of plant from operated plant leased to others,” retired for causes not contemplated in applicable to (1) wire-telegraph plant to account 5299, “Other deductions from prior allowances for depreciation ap­ and (2) ocean-cable plant. ordinary income,” and to clearing ac­ proved for inclusion herein as provided [F.R. Doc. 59-6024; Filed, July 21, 1959; counts for currently accruing deprecia­ in § 35.04-4. 8:50 a.m.]

PROPOSED RULE MAKING

F actors op Quality color and may be reasonably uniform in DEPARTMENT OF AGRICULTURE Sec. size, if the total score is not less than 52.4027 Ascertaining the grade. 85 points. Agricultural Marketing Service 52.4028 Ascertaining the rating for the fac- i tors which are scored. (b) “U.S. Grade B” (or “U.S. Choice”) [ 7 CFR Part 52 ] 52.4029 Color. is the quality of canned grapes that 52.4030 Uniformity of size. possess similar varietal characteristics; UNITED STATES STANDARpS FOR 52.4031 Absence of defects. that possess a normal flavor; that possess GRADES OF CANNED GRAPES1 52.4032 Character. a reasonably good color; that are reason­ Lot I nspection and Certification ably uniform in size; that are reasonably Notice of Proposed Rule Making free from defects; that possess a reason­ 52.4033 Ascertaining the grade of a lot. Notice is hereby given that the United ably good character; and that for those States Department of Agriculture is con­ Score Sheet factors which are rated in accordance sidering the issuance of the United States 52.4034 Score sheet for canned grapes. with the scoring system outlined In this subpart, the total score is not less than Standards for Grades of Canned Grapes Authority: §§ 52.4021 to 52.4034 Issued pursuant to the authority contained in under secs. 202-208, 60 Stat. 1087, as amended; 70 points: Provided, That the canned the Agricultural Marketing Act ‘of 1946 7 U.S.C. 1621-1627. grapes may fail to be reasonably uniform (Secs. 202-208, 60 Stat. 1087, as amend­ in size, if the total score is not less than ed; 7 U.S.C. 1621-1627). These stand­ P roduct Description and G rades 70 points. ards, if made effective, will be the first § 52.4021 Product description. (c) “Substandard” is the quality of issue by the Department of grade stand­ canned grapes that fail to meet the re­ Canned grapes for the purpose of this quirements of U.S. Grade B. * ards for this product. subpart cover the product prepared from All persons who desire to submit writ­ fresh, sound, properly matured grapes of Liquid M edia, F ill of Container, ten data, views, or arguments for consid­ the Thompson Seedless (Sultanina) va­ Drained Weights eration in connection with the proposed riety or similar variety of white seedless § 52.4023 Liquid media and Brix meas­ standards should file the same with the grapes for canning. The grapes are urements for canned grapes. Chief, Processed Products Standardiza­ stemmed, cleaned, and washed; are tion and Inspection Branch, Fruit and packed in a suitable packing media with “Cut-out” requirements for liquid me­ Vegetable Division, Agricultural Mar­ or without the addition of nutritive dia in canned grapes are not incorpo­ keting service, Unitèd States Department sweetening ingredients, artificial sweet­ rated in the grades of the finished prod­ of Agriculture, Washington 25, D.C., not ening ingredients, or other ingredients uct since sirup or any other liquid later than November 1, 1959. permissible under the Federal Food, medium, as such, is not a factor of Product Description and Grades Drug, and Cosmetic Act; and are suffi­ quality for the purposes of these grades. Sec. ciently processed by heat to assure pres­ The “cut-out” Brix measurements, as 52.4021 Product description. ervation of the product in hermetically' applicable, for the respective designa­ 52.4022 Grades of canned grapes. sealed containers. tions are as follows: Liquid Media, F ill op Container, Drained Designations Brix measurement Weights § 52.4022 Grades of canned -grapes. "Extra heavy sirup”__ 22° or more but not (a) “U.S. Grade A” (or “U.S. Fancy”) more than 35°. 52.4023 Liquid media and Brix measure­ "Heavy sirup”______18° or more but less ments for canned grapes. is the quality of canned grapes that than 22°. 52.4024 Recommended fill of container for possess similar varietal characteristics; "In water”---- !______(No requirement.) canned grapes. that possess a normal flavor; that possess "In grape juice”--,------(No requirement.) 52.4025 Recomménded minimum drained a good color; that are practically uniform weights for canned grapes. § 52.4024 Recommended fill of con­ 52.4026 Compliance with recommended in size; that are practically free from de­ tainer for canned grapes. fects; that possess a good character; and minimum drained weights. The recommended fill of container for that for those factors which are rated in canned grapes is not incorporated in the 1 Compliance with the provisions of these accordance with the scoring system out­ grades of the finished product since fill standards shall not excuse failure to com­ lined in this subpart, the total score is not of container, as such, is not a factor of ply with the provisions of the Federal Food, less than 85 points: Provided, That the quality for the purposes of these grades. prug, and Cosmetic Act or with applicable canned grapes may possess a reasonably It is recommended that each container otate laws and regulations. uniform and reasonably bright typical be as full of grapes as practicable with- 5846 PROPOSED RULE MAKING out impairment of quality and that the (2) Factors rated by score points. Thebe given a score of 17 to 20 points. product and packing medium occupy not relative importance of each factor which “Practically uniform in size” means that less than 90 percent of the volume of the is scored is expressed numerically on the the weight of the 5 percent, by count, container. scale of 100. The maximum number consisting of the largest intact grapes § 52.4025 Recommended m inim um of points that may be given such factors in the sample unit is not more than twice drained weights for canned grapes. are: the weight of the 5 percent, by count, Points consisting of the smallest intact grapes (a) General. The minimum drained (i) Color______20 in the sample unit. weight recommendations in Table I of (ii) Uniformity of size______20 (ili) Absence of defects______30 (b) (B) classification. If the canned this subpart are not incorporated in the (iv) Character______30 grapes are reasonably uniform in size, a grades of the finished product since score of 14 to 16 points may be given. drained weight, as such, is not a factor Total score______100 “Reasonably uniform in size” means that of quality for the purposes of these the grapes may vary in size as to ap­ grades. (b) Definition of normal flavor. “Nor­pearance and weight provided such vari­ (b) Method for ascertaining drained mal flavor” means that the canned ation in size does not seriously affect weight. The drained weight of canned grapes are free from objectionable fla­ the appearance of the product. grapes is determined by emptying the vors and objectionable odors of any kind. (c) (SStd) classification. Canned contents of the container upon a United § 52.4028 Ascertaining the rating for grapes that fail to meet the require­ States Standard No. 8 circular sieve of the factors which are scored. ments of paragraph (b) of this section proper diameter containing 8 meshes to The essential variations within each may be given a score of 0 to 13 points and the inch \(0.0937-inch, ±3% , square shall not be graded above U.S. Grade B, openings) so as to distribute the product factor which is scored are so described that the value may be ascertained for regardless of the total score for the evenly, inclining the sieve slightly to product (this is a partial limiting rule). facilitate drainage, and allowing to drain each factor and expressed numerically. The numerical range within each factor § 52.4031 Absence of defects. for two minutes. The drained weight which is scored is inclusive (for example, is the weight of the sieve and grapes less “17 to 20 points” means “17, 18, 19, or (a) General. The factor of absence of the weight of the dry sieve. A sieve 8 20 points”). defects refers to the degree of freedom inches in diameter is used for the equiv­ from main stems (or portions thereof), alent of No. 3 size cans (404 x 414) and § 52.4029 Color. harmless extraneous vegetable material, smaller, and a sieve 12 inches in diameter (a) General. The factor of color does attached or loose capstems, mutilated is used for containers larger than the not apply to canned grapes which are grapes, blemished grapes, and any other equivalent of the No. 3 size can. artificially colored and spiced grapes and defects not specifically mentioned that § 52.4026 Compliance with recom­ is not scored on such grapes but the other affect the appearance or edibility of the mended minimum drained weights. three factors (uniformity of size, absence product. Compliance with the recommended of defects, and character) are scored and (b) Definition of defects: (1) “Blem­ minimum drained weights for canned the total is multiplied by 100 and divided ished” means any discolored area on or grapes is determined by averaging the by 80, dropping any fractions to deter­ in the grape, which^singly or in the ag­ drained weights from all the containers mine the total score. gregate, materially affects the appear­ which are representative of a specific lot (b) (A) classification. Canned grapes ance of the grape. Cracks without dis­ and such lot is considered as meeting that possess a good color may be given coloration are considered processing the recommendations if the following a score of 17 to 20 points. “Good color” cracks and are not scored as defects. criteria are met: means that the grapes possess a prac­ (See § 52.4032.) (a) The average of the drained weights tically uniform and bright, light green (2) “Seriously blemished” means any from all of the containers meets the to greenish-yellow color, typical of well- blemished area on or in the grape (such recommended drained weight; developed Thompson Seedless grapes as scab, scar tissue, and discolored (b) One-half or more of the containers that have been properly prepared and cracks), which singly or in combination meet the recommended drained weight; processed; and that not more than 10 with other defects, seriously affects the and percent, by weight, of the drained grapes appearance or edibility of the grape. (c) The drained weights from the con­ may possess a reasonably bright typical (3) “Mutilated” means that the grape tainers which do not meet the recom­ color, a noticeably dull color, or a light is so spread open, crushed, or broken that mended drained weight are within^the tan cast. it cannot be restored to its original shape range of variability for good commercial (c) (B) classification. If the canned or that the grape is severed into two or practice. grapes possess a reasonably good color, more separate parts. a score of 14 to 16 points may be given. (c) (A) classification. Canned grapes T a ble I —R ecom m en ded M in im u m D r a in ed W eig h ts ro B C a n n ed G b a pes Canned grapes that fall into this classi­ that are practically free from defects fication due to a noticeably dull color may be given a score of 26 to 30 points. Container size-over- or a brownish cast shall not be graded “Practically free from defects” means Container designations all dimensions In any above U.S. Grade B, regardless of the that: (metal, unless liquid (1) There may be present nót more otherwise stated) medium total score for the product (this is a Width Height partial limiting rule). “Reasonably good than 1 main stem (or portion thereof) color” means that the grapes possess or 1 piece of other harmless extraneous Inches Inches Ounces a reasonably uniform and reasonably vegetable material for each 100 ounces, 8 Z Tall...... 2» He 3Me S. 2 bright color typical of Thompson Seed­ on an average, of total contents; 5.2 (2) There may be present not more No. 300 ...... 3 4Mb 9.0 less grapes that have been properly pre­ 3Me4* He 10.0 pared and processed; and that the pres­ than 1 capstem (either attached or loose) No. 303...... 3He 4M 6 10.0 10.0 ence of grapes with a noticeably dull for each 4 ounces of total contents; N o.~2...... 3Me 4M 6 12.2 color or a brownish cast does not seri­ (3) Not more than a total of 5 percent, No. 2y2...... —. 4M? 4‘He 17.0 17.5 ously affect the appearance or edibility by weight, of the drained grapes may be No. 10-...... 6He 7 64.0 of the product. - mutilated, blemished, or seriously blem­ (d) (\SStd) classification. Canned ished: Provided, That not more than 3 F actors op Quality grapes that fail to meet the requirements percent, by weight, of the drained grapes of paragraph (c) of this section may be may be seriously blemished ; and § 52.4027 Ascertaining the grade. given a score of 0 to 13 points and shall (4) The presence of main stems (or (a) General. In addition to consider­not be graded above Substandard, re­ portions thereof), other harmless ex­ ing other requirements outlined in the gardless of the total score for the product traneous vegetable material, loose or at­ standards the following quality factors (this is a limiting rule). tached capstems, mutilated grapes, are evaluated: blemished or seriously blemished grapes, (1) Factors not rated by score points. § 52.4030 Uniformity of size. and any other defects, individually or (i) Varietal characteristics. (a) (A) classification. Canned grapes collectively does not materially affect the (ii) Flavor. that are practically uniform in size may appearance or edibility of the product. Wednesday, July 22, 1959 FEDERAL REGISTER 5847 (d) (B) Classification. Canned grapes gardless of the total score for the prod­ year 1955, which coincided with the ini­ that are reasonably free from defects uct (this is a limiting rule). tial installation and use of airborne may be given a score of 21 to 25 points. weather radar by some air carrier op­ Canned grapes that fall into this classi­ Lot Inspection and Certification erators. Today a considerable number fication shall not be graded above U.S. § 52.4033 Ascertaining the grade of a of air carrier aircraft are equipped with Grade B, regardless of the total score lo t.. airborne weather radar and practically for the product (this is a limiting rule). The grade of a lot of canned grapes all new transport-type aircraft have "Reasonably free from defects” means covered by these standards is determined provisions for the installation of air­ that: by the procedures set forth in the Regu­ borne weather radar. Particularly note­ (1) There may be present not more lations Governing Inspection and Cer-_ worthy is the fact that at least one large than a total of 3 main stems (or portions tification of Processed Fruits and Vege­ air carrier has its entire aircraft fleet thereof) or pieces of other harmless tables, Processed Products Thereof, and fully equipped with airborne weather extraneous vegetable material for each Certain Other Processed Food Products radar. - In a two-year period this par­ 100 ounces, on an average, of total (§ § 52.1. through 52.87 of this title). ticular air carrier has not experienced a contents ; single passenger or crew injury or any (2) There may be present not more Score Sheet appreciable aircraft damage due to than 1 capstem (either attached or § 52.4034 Score sheet for canned thunderstorms or hail. At the same time loose) for each ounce of total contents; grapes. the carrier completed a high percentage (3) Not more than a total of 10 per­ of scheduled trips. The advantage which cent, by weight, of the drained grapes Size and kind of container______airborne weather radar can provide for may be mutilated, blemished, or seriously Container mark or identification______the jsafety of operations is well known Label______;______...... blemished: Provided, That not more than Net weight (ounces)..______in the industry. This is particularly 5 percent, by weight, of the drained Vacuum (inches)______^ ______true with high-performance aircraft Drained weight (ounces)...... ______i_____ grapes may be seriously blemished; and Brix measurement...... which are operating at speeds consider­ (4) The presence of main stems (or Sirup designation (extra heavy, heavy, etc.) ably in excess of the turbulent air pene­ portions thereof), other harmless ex-" tration speeds. These higher speeds traneous vegetable material, loose or at­ make mandatory early detection and tached capstems, multilated grapes, Factors Score points location of severe weather conditions blemished or seriously blemished grapes, which can be encountered at all altitudes [(A) 17-20 and any other defects, individually or Color..."_____I...... 20 ((B) 2 14-16 in order to avoid them or to reduce air­ collectively does not seriously affect the l(SStd.) 1 0-13 craft penetration speeds before reaching ((A) 17-20 appearance or edibility of the product. Uniformity of size. . .. 20 •j(B) 14-16 such areas. Several airborne weather (e) iSStd) classification. Canned l(SStd.) « 0-13 radars have already been type certifi­ grapes that fail to meet the requirements f(A) 26-30 Absence of defects...... 30 •¡(B) 121-25 cated and are available for use. In view of paragraph (d) of this section may be l(SStd.) » 0-20 of the excellent safety record attained by given-a score of 0 to 20 points and shall ((A) 25-30 those air carriers which have been op­ Character...... 30 •¡(B) r21-24 not be graded above Substandard, re­ l(SStd.) 1 0-20 erating one of the several approved gardless of the total score for the product weather radars, it is believed that regu­ (this is a limiting rule). Total score______100 latory action is necessary and should § 52.4032 Character. be developed to require airborne weather Flavor ( ) Normal ( ) Off radar on all air carrier passenger-carry­ (a) General. The factor of character Grade______.... _____-_____ ing aircraft certificated under transport refers to the fleshiness and texture of category rules and used in air transpor­ 1 Indicates limiting rule. the canned grapes and to the presence of 2 Indicates partial limiting rule. tation. Also, consideration will be given serious processing cracks. to making this requirement applicable (1) “Serious processing crack” means Dated: July 17, 1959. to all other large aircraft carrying pas­ a crack without any discoloration that is R oy W. Lennartson, sengers engaged in air transportation. split to approximately the center of the Deputy Administrator, TSO requirements. The tentative grape but is not a mutilated grape. Proc­ Marketing Services. minimum performance standards for an essing cracks that are not serious are airborne weather radar are contained in not scored. [F.R. Doc. 59-6019; Filed, July 21, 1959; paper 155-58/SC 58-249 of the Radio (b) (A) classification. Canned grapes 8:50 a.m.] Technical Commission for Aeronautics. that possess a good character may be Copies of this paper are available for given a score of 25 to 30 points. “Good study and review in the office of the Sec­ character” means that .the grapes are retariat, Room 2035, Building T-5, 16th reasonably uniform in texture and are FEDERAL AVIATION AGENCY Street and Constitution Avenue NW„ generally thick-fleshed and tender but E 14 CFR Parts 40, 41, 42 ] Washington 25, D.C. not soft or flabby; and that not more If this proposal is adopted, it is ex­ than 5 percent, by weight, of the drained [Reg. Docket No. 65; Draft Release 59-10] pected that at least 6 months will be al­ grapes may Joe affected by serious proc­ essing cracks. AIRBORNE WEATHER RADAR FOR lowed for procurement and installation LARGE AIRCRAFT CARRYING PAS­ of required equipment. (c) (B) classification. If the canned Interested persons may participate in grapes possess a reasonably good char- SENGERS the making of the proposed rule by sub­ sfter, a score of 21 to 24 points may be Notice of Proposed Rule Making mitting such written data, views, or ar­ «ÌVeih= Ca;nned grapes that fall into this guments as they may desire. Commurii- classification shall not be graded above - Pursuant to the authority delegated to cations should be submitted in duplicate u.b. Grade B, regardless of the total me by the Administrator (§ 405.27, 24 to the Docket Section of the Federal score for the product (this is a limiting F.R. 2196) notice is hereby given that the Aviation Agency, Room B-316, 1711 New ‘~e)* “Reasonably good character” Federal Aviation Agency has under con­ York Avenue NW„ Washington 25, D.C. earns that the grapes are fairly uniform sideration a proposal to amend Parts 40, All communications received by October in texture and may be slightly soft but 41, and 42 of the Civil Air Regulations as 8,1959, will be considered by the Admin­ are not flabby; and that not more than hereinafter set forth. istrator before taking action on the pro­ Percent, by weight, of the drained A recent survey of air carrier aircraft posed rule. The proposal contained in grapes may be affected by serious proc­ accidents for the calendar years 1950 this notice may be changed in the light essing cracks. through 1958 has highlighted the impor­ of comment received. All comments sub­ (d) (SStd) classification. Canned tance of airborne weather radar as a mitted will be available for examination safety measure in preventing aircraft ac­ by interested persons in the Docket Sec­ grapes that fail to meet the requirement cidents during severe weather condi­ Paragraph (c) of this section may be tion when the prescribed date for return tions. Analysis showed a decrease in of comments has expired. a score of 0 to 20 points and shall aircraft accidents occurring during This amendment is proposed under the 0 ^ graded above Substandard, re­ severe weather conditions in calendar authority of sections 313(a), 601, and 604 5848 PROPOSED RULE MAKING of the Federal Aviation Act of 1958 (72 F airchild. Applies to all F-27 Series air­ to the Docket Section, Federal Aviation craft equipped with «the heater system. Agency, Room B-316, 1711 New York Stat. 752, 775, 778; 49 U.S.C. 1354(a), Compliance required not later than Sep­ 1421, 1424). tember 15,1959. Avenue NW., Washington 25, D.C. All In consideration of the foregoing, it is (a) In order to provide drainage of pos­ communications received within 30 days proposed to amend Parts 40, 41, and 42 sible leakage at the heater fuel line fittings, after publication of this notice in the of the Civil Air Regulations by requiring remove three shroud assemblies, P/N 27- F ederal R egister will be considered by the following: 774575-1, attached to tube connections at the Administrator before taking action All aircraft certificated under the top of heater fuel control, P/N 43C80, and on the proposed rule. The proposals transport category rules and carrying heater P/N 49C65. Modify shroud assemblies contained in this notice may be changed by punching one (1) ya inch diameter hole in light of the comments received. All passengers shall be equipped with air­ in side of shroud 1*%4 inches from top. borne weather radar, so installed as to (b) Remove fuel control drain tube as­ comments submitted will be available for be available to the pilot in command on sembly, P/N 27-774554-11 or -51, whichever examination by interested persons in the the flight deck by radarscope, or other installed. Docket Section when the prescribed time means of display of weather information (c) On airplanes Nos. 1 to 6 inclusive, drill for return of comments has expired. received. Such equipment shall be in % inch diameter hole in bottom fuselage This amendment is proposed under an operating condition for all IFR op­ skin between stringers Nos. 102 and 103, 2y2 the authority of sections 313(a) and 601 inches aft of station 731, and install AN of the Federal Aviation Act of 1958 (72 erations, and for night VFR operations 931-6-10 grommet removed from former when thunderstorms or severe weather location of drain line. Install flush skin Stat. 752, 775; 49 U.S.C. 1354(a), 1421). conditions are forecast for the flight patch' over former drain hole location in In consideration of the foregoing is plan route during the time of flight. accordance with Chapter 51-7 of F-27 Struc­ proposed to amend Part 514 as follows: tural Repair Manual. By amending § 514.22 to read as Issued in Washington, D.C., on July (d) On all affected airplanes, install new follows : 15, 1959. drain tube assembly, P/N 27-774750-11 in place of 27—774554—11 or -51. § 514.22 Life rafts (twin tube)— TSO- W illiam B. Davis, (e) Install modified shroud assemblies, C12b. Director, using three each new half clamp assemblies, (a) Applicability—(1) Minimum per­ Bureau of Flight Standards. P/N 27-774749-11, half clamp P/N 27- formance standards. Minimum per­ [F.R. Doc. 59-5988; Filed, July 21, 1959; 774749-3, bolt P/N AN3-3A, and nuts P/N formance standards are hereby estab­ 8:46 a.m.] MS 20365-1032. (f) Install one each new hose, P/N 27- lished for life rafts (twin tube) which 774094-3 and -5 between heater fuel control specifically are required to be approved shrouds and drain tube, and P/N 27-774094-7 for use on civil aircraft of the United between heater §hroud and drain tube, using States. New models of life rafts manu­ [ 14 CFR Part 507 ] six new clamps, P/N AN737RM22. factured on or after the effective date of (g) Install two new plates, P/N 27-774749- this section shall meet the standards [Reg. Docket No. 67] 9, on the heater fuel control unit, and four new clamps, P/N AN742-8, two on the plates set forth in the ATA Specification No. AIRWORTHINESS DIRECTIVES at the fuel control unit to support 27- 800, “Airline Life Rafts,” dated May 1, 774094-3 and -5 hose and two on the flanges 1958,1 with the additional requirements Notice of Proposed Rule Making of the fuselage former at stations 730 and shown in subparagraph (2) of this para­ 731 to support 27-774094-7 hose. Use four graph. Life raft models approved by Pursuant to the authority delegated to each new screws P/N AN525-10R6, and nuts the Administrator prior to the effective me by the Administrator (§ 405.27, 24 P/N MS20365—1032. date of this section may continue to be F.R. 2196), notice is hereby given that (Fairchild F-27 Service Bulletin No. 21-49 used under the provisions of their orig­ the Federal Aviation Agency has under dated June 12,1959, covers this same subject.) inal approval until they are no longer consideration a proposal to amend Part Compliance with AD 59-12-1 no longer seaworthy. 507 of the Regulations of the Adminis­ required after compliance with this (2) Additional requirements. The de­ trator to include an airworthiness direc­ directive. gree of inflation shall be such that the tive requiring the incorporation of Issued in Washington, D.C., on July raft will be “rounded-out” (i.e., attain shroud drains to eliminate the possibility 16,1959. its design shape and approximate of fuel leakage creating a fire hazard in Burleigh P utman, dimensions) to be able to receive the the air conditioning compartment of Acting Director, first occupant within one minute after Fairchild F-27 aircraft. Bureau of Flight Standards. the start of inflation. Thereafter, infla­ Interested persons may participate in [F.R. Doc. 59-6010; Filed, July 21, 1959; tion during boarding by the remainder the making of the proposed rule by sub­ 8:48 a.m.j of occupants shall be sufficient to ensure mitting such written data, views or ar­ a serviceable and rigid raft. guments as they may desire. Communi­ (b) Marking. In lieu of the marking cations should be submitted in duplicate requirements specified by § 514.3, the to the Docket Section, Federal Aviation [ 14 CFR Part 5141 marking instructions contained in ATA Agency, Room B-316, 1711 New York [Reg. Docket No. 66] Specification No. 800 shall be acceptable Avenue NW., Washington 25, D.C. All and, in addition, each life raft shall be communications received within 30 days TECHNICAL STANDARD ORDERS FOR permanently marked with the Technical after publication of this notice in the AIRCRAFT MATERIALS, PARTS, Standard Order designation, FAA-TSO- F ederal R egister will be considered by PROCESSES, AND APPLIANCES C12b, to identify the life raft as meeting the Administrator before taking action the requirements of this section. on the proposed rule. The proposals Life Rafts (twin Tube) (c) Data requirements. (1) One copy contained in this notice may be changed Pursuant to the authority delegated each of the manufacturer’s operation in light of the comments received. All to me by the Administrator (§ 405.27, and inflation instructions, schematic comments submitted will be available for 24 F.R. 2196) notice is hereby given that diagrams, and installation procedures examination by interested persons in the the Federal Aviation Agency has under shall be furnished the Chief, Engineer­ Docket Section when the prescribed time consideration a proposal to amend Part ing and Manufacturing Division, Federal for return of comments has expired. 514 of the regulations of the Administra­ Aviation Agency, Washington 25, D.C., This proposal will not be given further tor as hereinafter set forth. with the statement of conformance. distribution as a draft release. This proposal is to amend § 514.22 (24 (2) The raft manufacturer must also This amendment is proposed under the F.R. 2027) to incorporate additional in­ provide the purchaser with applicable authority of sections 313(a), 601 and 603 flation standards and data requirements limitations pertaining to installation of of the Federal Aviation Act of 1958 (72 for life rafts used on civil aircraft of the rafts on aircraft. These limitations Stat. 752, 775, 776; 49 U.S.C. 1354(a), United States. shall include the minimum and maxi­ 1421,1423). Interested persons may participate in mum stowage area temperatures and any In consideration of the foregoing, it is the making of the proposed rules by sub­ mitting such written data, views or ar­ 1 Copies may ' be obtained from the ^ . proposed to amend § 507.10(a) by adding guments as they may desire. Communi­ Transport Association, 1000 Connectic the following airworthiness directive: cations should be submitted in duplicate Avenue NW., Washington 6, D.C. Wednesday, July 22, 1959 FEDERAL REGISTER 5849 other limitations which will prevent the WKY Television System, Inc., licensee change would be required at Hattiesburg. raft from performing its intended of Station WSFA-TV on Channel 12 at The Commission has adopted a Report function and complying with the mini­ Montgomery, filed an opposition to Cap­ and Order in Docket No. 12281 in which mum performance standards under itol Broadcasting’s petition. WKY con­ the reassignment of Channel 9 from all reasonably foreseeable emergency tends that the deletion of the only VHF Hattiesburg to Baton Rouge was ordered. conditions. channel in Montgomery, as contemplated Mr. Spain also requests that the Com­ Issued in Washington, D.C., on July by Capitol’s Plan 2, would result in the mission order Tupelo Citizens Television creation of a large “white area”; would Co. to Show Cause why its authorization 16, 1959. result in a loss of service to large num­ W illiam B. Davis, for Station WTWV on Channel 9— at Director, bers of persons who have not converted Tupelo should not be changed to specify Bureau of Flight Standards. their television sets to receive UHF sig­ operation on Channel 9— at Tuscaloosa, nals, and would contravene the require­ Alabama or on Channel 4— at Tusca­ [F.R. Doc. 59-5989; Filed, July 21, 1959; ments of section 307(b) of the Commu­ loosa-Birmingham, Alabama; and that 8:46 ajn.] nications Act. We are of the view that Birney Imes, Jr., licensee of Station the alternative proposal of Capitol does WCBI-TV on Channel 4— in, Columbus, not have sufficient merit to warrant rule Mississippi, be ordered to Show Cause making. Accordingly, it is denied. why his authorization should not be (2) A petition for rule making, filedchanged to specify Channel 9— in December 10, 1957, by the Washington Columbus. Post Company, to provide a third com­ (4) A proposal, submitted as a coun­ [ 47 CFR Part 3 ] mercial VHF channel at Birmingham, terproposal in the Columbus, Georgia, Alabama, as follows: rule making proceeding (Docket No. [Docket No. 12945, FCC 59-722] 12054) on April 2, 1958, by Birmingham TABLE OF ASSIGNMENTS; TELEVISION Channel No. Television Corporation, authorized to City BROADCAST STATIONS operate Station WBMG on Channel 42 Present Proposed at Birmingham, Alabama, which would Notice of Proposed Rule Making assign a third commercial VHF channel Birmingham, Ala____ 6 - , *10-, 6-, 8-, *10-, to Birmingham and a second VHF chan­ In the matter of amendment of § 3.606 13-, 42+ 48 13—, 42+, 48 nel to Montgomery, Alabama, as follows:* Table of assignments, Television Broad­ Selma, Ala ...... 8 - , 58+ 68+ cast Stations (Montgomery, Selma, Tus­ Channel No. caloosa a n d Birmingham, Alabama; Petitioner also asks that the Commission City Tupelo, Columbus and State College, either provide for the termination of Miss.); Docket No. 12945. Deep South Broadcasting Company’s Present Proposed 1. Notice is hereby given of rule mak­ construction permit for Station WSLA ing, in the above-entitled matter. Birmingham, Ala.1. .. 6 - , *10-, 13 -, 4 - , 6 - , *10-, on Channel 8 in Selma or that it Order 42+, 48 13-, 42+, 48 2. The Commission has before it for Deep South to Show Cause why its au­ Columbus, Miss___ 4—, 28— 2 + 2 8 - consideration certain requests for rule State Collège, Miss__ *2+ *8 thorization for Station WSLA should not Montgomery, Alai___ 12,20, *26+, 32 8 - , 12,20, making to amend § 3.606, Table of As­ be modified to specify operation on *26+, 32 signments, Television Broadcasting Sta­ Selma, Ala______8 - , 58+ 58+ Channel 58 at Selma. Columbus, Oa> 4.28, *34 3,9+ *34 tions, to wit; (3) Proposals submitted as alternativeDothan, Ala.« 9 + 1 9 - 4 ,1 9 - (1) A petition for rule making, filedcounterproposals in the Columbus, Geor­ May 24, 1957, and amended July 3, 1957, gia, rule making proceeding (Docket No. 1 Birmingham Television submits that another way by Capitol Broadcasting Company, li­ to assign a third commercial VH F channel to Bir­ 12054) on February 21, 1958, and on mingham would be to move Channel 8 - from Selma to censee of Station WCOV-TV on Channel April 2, 1958, by Frank K. Spain, princi­ Birmingham, as urged by the Washington Post Com­ 20 at Montgomery, Alabama, to assign pal owner of Tupelo Citizens Television pany. Birmingham Television notes, however, that if a second VHF channel to Montgomery as Channel 8 is assigned to Birmingham, it could not be Co., permittee of Station WTWV on used in Montgomery to provide a second VHF service follows:1 Channel 9 at Tupelo, Mississippi, to shift to that city. Channel 9 from Tupelo to Tuscaloosa or 2 We are today adopting a Report and Order In the Channel No. Columbus, Ga., rule making proceeding (Docket No. City to Tuscaloosa-Birmingham, Alabama, as 12054) changing the Columbus, Ga., assignments to follows: Channels 3, 9+, *28 and 34, and changing the Dothan, Present Proposed Ala., assignments to 4 and 19—, Plan 1 » Birmingham Television also asks that Montgomery, Ala...... 12, 20, *26+, 32 8 - , 12,20, *26+, 32 Channel No. the Commission Order it to Show Cause Selma, Ala____ 8 - , 58+ 58+ City why its authorization for Station WBMG Present Proposed on Channel 42+ at Birmingham should Petitioner asks that the Commission not be modified to specify temporary op­ eration on either Channel 4— or 8- at order Deep South Broadcasting Com­ Tupelo, Miss...... 9 - , 38 38 pany to show cause why its authoriza­ Tuscaloosa, Ala______45,51- 9 - , 45,51— Birmingham. tion for Station WSLA should not 3. Oppositions to the Capitol Broad­ be modified to specify operation on Plan 8 casting and Washington Post petitions Channel 58+ in lieu of Channel 8— in were filed by Deep South Broadcasting Selma. In addition, petitioner requests Tupelo, Miss______9 - , 38 38 Company, permittee of Station WSLA, that it be ordered to show cause why its Tuacaloosa-Birming- authorized to operate on Channel 8 at 4— 1 authorization . for Station W.COV-TV to 00 Selma, Alabama. Deep South contends Columbus, Miss_____ J 9 - , 2 8 - should not be modified to specify opera­ that there is a greater need for a first tion on Channel 8— in lieu of Channel 20 1 Mr. Spain's first plan also contemplated certain VHF station in Selma than for a second in Montgomery. channel shifts in Columbus, Georgia and Eufaula and Dothan, Alabama, so that Columbus, Georgia would VHF channel in Montgomery or a third become an all-UHF market. These additional channel commercial VHF in Birmingham; and 1 In an alternative proposal petitioner re­ shifts are unnecessary. See paragraph 26 of the Report that it has been prosecuting its applica­ quests that Montgomery be made all-UHF and Order released this date in the Columbus, Georgia rule making proceeding (Docket No. 12054). tion for a change of facilities for Station as follows: s Tuscaloosa is now 'assigned Channels 45 and 51—; and Birmingham is assigned Channels 6—, *10—, 13—, WSLA for several years, which applica- 42+ and 48. No channels are now assigned to the hy­ Channel No. phenated allocation “ Tuscaloosa-Birmingham.” City * Birmingham Television also asserts that' Both plans assumed that the Commis­ a second VHF channel (Channel 4) could Present Proposed sion would adopt its proposal in another be assigned to Macon, Ga., if the Dothan rule making proceeding to shift Chan­ VHF channel is changed from Channel 9 to Montgomery, Ala 12,20, *26+, 32 *12; 20,26+ 32 Channel 7 and the Panama City channel Selma. Ala 8 - , 58+ 58+ nel 9 from Hattiesburg, Mississippi, to is changed from Channel 7 to Channel 4. 1'uscaloosa, Ala 45,51- *8-, 45,51- Baton Rouge, Louisiana (Docket No. This would, however, conflict with our deci­ ------12281), in which case no further channel sion in Docket 12054. No. 142----- 5 5850 PROPOSED RULE MAKING tion is in hearing status (File No. all statements, briefs, or comments shall S. H. Patterson also requests that it be BMPCT-2100, Docket No. 11371). be furnished the Commission. ordered to Show Cause why its author­ 4. Replies to these oppositions were Adopted: July 15, 1959. ization for Station KSAN-TV should not tendered by Capitol Broadcasting Co. be changed to specify operation on Chan­ and the Washington Post Company. Released: July 17,1959. nel 11+ at San Francisco. 5. On December 10, 1957, and on F ederal Communications (c) A petition for rule making, filed March 18, 1958, the Washington Post Commission,3 on June 4,1958, and amended on August Company filed oppositions and motions [seal] Mary J ane M orris, _» 13, 1958, and October 28, 1958, by E. L. to dismiss the presently pending appli­ Secretary. Cord, prospective applicant for a'VHF cation (File No. BMFET-171) of the Re­ channel in Reno, Nevada, to assign ar gents of the University System of Geor­ [F.R. Doc. 59-6026; Filed, July 21, 1959; third commercial VHF channel to Reno gia for modification of the construction 8:50 ajn.] and a first educational VHF channel to permit of non-commercial educational that city as follows: Station WGTV on Channel & at Athens, Georgia. The Washington Post Com­ Channel No. pany alleges that a grant of the WGTV [ 47 CFR Par» 31 City application would prevent the use of [Docket No. 12946, FCC 59-724] Present Proposed Channel 8 in Birmingham, since the ap­ TABLE OF ASSIGNMENTS, TELEVISION plicant proposes to move the transmitter 4,8, *21+, 27- 2,4,8, *11,21+, location of Station WGTV about 40.9 BROADCAST STATIONS ■ 2 7 - miles closer to Birmingham than the ex­ Notice of Proposed Rule Making isting WGTV site. - 6. On March 6, 1958, Capitol Broad­ In the matter of amendment of § 3.606 3. Either the Capitol Radio proposal casting Co. (WCOV-TV) also filed a mo­ Table of assignments, Television Broad­ to add Channel 12 to Sacramento or the tion to dismiss the WGTV application. cast Stations (San Francisco and Sacra­ S. H. Patterson proposal to add Channel Capitol contends that if the WGTV ap­ mento, California, and Reno, Nevada) ; 11 to San Francisco can be accomplished plication is granted, a Channel 8 station Docket No. 12946. in compliance with the mileage separa­ in Montgomery would have to locate its 1. Notice is hereby given of rule mak­ tion requirements of our rules if Channel transmitter site 42.5 miles from the fur­ ing in the above-entitled matter. 12+ is removed from Fresno, California. thest city limit of Montgomery, and 2. The Commission has before it for The deletion of Channel 12+ from that a 1,500 foot antenna would be re­ consideration certain requests for rule Fresno is proposed by the Commission in quired to put a city-grade signal over making to amend § 3.606, Tablé of As­ another rule making proceeding (Docket Montgomery from that site. signments, Television Broadcast Sta­ No. 11759). Capitol Radio’s proposal is 7. The Commission is of the view that tions, to wit: mutually exclusive with the S. H. Patter­ (a) A petition for rule making, filed son proposal. Capitol Radio asks that a rule making proceeding should be in­ Channel 12$ be assigned to Sacramento; stituted and that interested parties August 27, 1956, and amended May 8, 1957 and July 14, 1958, by Irving J. while the S. H. Patterson proposal would should be invited to file comments on the assign Channel 12 to San Jose; less than foregoing proposals. Schwartz, William Stephen George and John Matranga, d/b as Capitol Radio 90 miles from Sacramento. Cord’s pro­ 8. The proposed amendments, if Enterprises, permittee of S tatio n posal is mutually exclusive with the adopted, would affect outstanding au­ KGMS-TV on Channel 46 (not operat­ Capitol Radio proposal. Cord requests thorizations and existing stations. We ing) at Sacramento, California, to as­ that Channel 11 be assigned to Reno; do not believe, however, that we should sign a third commercial VHF channel to while Capitol Radio would assign Chan­ direct any party so affected to show cause Sacramento, as follows: nel 11 to Chico, about 110 miles from why its outstanding authorization should Reno. 4. Capitol Radio’s proposal would re­ not be modified at this time. Any addi­ Channel No. City quire an operating station KHSL-TV at tional procedures which may be neces­ Chico, California, to shift from Channel sary in light of such outstanding author­ Present Proposed 12 to Channel 11. S. H. Patterson’s pro­ izations can be instituted at a later date. posal would compel Station KNTV at San 9. Authority for the adoption of the Sacramento, Calif____ 3, *6,10,40-, 3, *6,10,12-, 46+ 4 0 - Jose, California, to shift from Channel amendments proposed herein is con­ Chico, C+Lif______1 2 - 11— 11 to Channel 12. tained in sections 1, 4 (i) and (j), 301, 5. In support of its proposal, Capitol 303 (c), (d), (f), and (r) and 307(b) of Radio asserts that the addition of a the Communications Act of 1934, as ’ Petitioner also requests that it be ordered third VHF assignment at Sacramento to Show Cause why its authorization for would aid in the development of com­ amended, and section 4 of the Admin­ Station KGMS-TV Should not • be istrative Procedure Act. petitive television service in the Sacra­ changed to specify operation on Channel mento area; that UHF stations have no 10. Any interested party who is of the 12— at Sacramento. opinion that the proposed amendments chance to succeed in markets such as (b) A proposal, submitted on OctoberSacramento where two VHF stations are should not be adopted, or should not be 9, 1956, as a counterproposal in the operating; that Sacramento is the 56th adopted in the form set forth herein, may Fresno, California, rule making proceed­ market in the nation, and is one of file with the Commission on or before ing (Docket No. 11759) by S. H. Patterson the most rapidly growing cities in Cali­ August 24, 1959, a written statement or (KSAN-TV) to assign an additional fornia; and that such a market should brief setting forth his comments. Com­ VHF channel to San Francisco, as fol­ have three equally competitive television ments in support of the proposed amend­ lows: services. ments may also be filed on or before the 6. S. H. Patterson contends that the same date. Comments or briefs in reply Channel No. addition of another VHF station in the to the original comments may be filed • City San Francisco area would fill an unsatis­ within 15 days from the last day for filing Present Proposed fied need of the San Francisco audience said original comments. No additional for non-network television programs comments may be filed unless (1) speci­ San Francisco, Calif__ 2 + 4—, 5+, 2 + ,4 - ,5 + , oriented to local needs. Mr. Patterson 7-, *9+, 2 0 -, 7 - , * 9 + 11+, asserts that, since he operates the only fically requested by the Commission or 26 - , 3 2 + 38, 20-, 26-, 32+, 44 38,44- UHF station in the San Francisco mar­ (2) good cause for the filing of such ad­ San Jose, Calif...... 1 1 + 48, *64,60 1 2 + 48, *54,60 ket, he is unable to compete effectively ditional comments is established. against VHF stations there. He states 11. In accordance with the provisions * Commissioner Bartley concurring and that San Francisco has a greater need of § 1.54 of the Commission’s rules and stating: “I would concur with the excep­ for an additional competitive television regulations, an original and 14 copies of tion of proposal 4.” operation than does Sacramento. Wednesday, July 22, 1959 FEDERAL REGISTER 5851 7. E. L. Cord urges that Channel 11 do not believe, however, that we should to Fresno, and issued an order to Cali­ may be assigned to Reno without dis­ direct any party so affected to show fornia Inland Broadcasting Company, turbing any existing assignments or sta­ cause why its outstanding authoriza­ then licensee of Station KFRE-TV, tions; that it should be reserved for edu­ tion should not be modified at this time. Fresno, to show cause why its license on cational use; and that Reno, the largest Any additional proceedings which may Channel 12 should not be modified to city in Nevada needs and merits addi­ be necessary in light of such outstanding specify operation on Channel 30; tional television service. authorizations will be instituted at a (b) Pleadings directed to that deci­ 8. Oppositions to the Capitol Radio later date. sion, or relating either to channel assign­ proposal were filed by Sacramento Tele- 13. Authority for the adoption of the ments in Fresno or to assignments in casters, Inc., permittee of Station KBET- amendments proposed herein is con­ Bakersfield and other cities which are TV on Channel 10 at Sacramento, Capi­ tained in sections 1, 4 (i) and (j), 301, involved with the Fresno assignments. tol City TV Corporation, former operator, 303 (c), (d), (f) and (r) and 307(b) of Since all of these pleadings are inter­ of UHP Station KCCC at Sacramento, the Communications Act of 1934, as related, they are considered together Golden Empire Broadcasting Company’s amended, and section 4 of the Adminis­ here. licensee of Station KHSL-TV on Channel trative Procedure Act. 3. Before discussing the several pro­ 12 at Chico, and Television Diablo, Inc., 14. Any interested party who is of the posals presented, it may be helpful to licensee of Station KOVR at Stockton. opinion that the proposed amendments summarize briefly the background of this KHSL-TV and KOVR oppose the re­ should not be adopted, or should not be proceeding. quired shifts in assignments made nec­ adopted in the form set forth herein, 4. On June 26, 1956, the Commission essary by the proposal of Capitol Radio. may file with the Commission on or be­ released a Report and Order in its gen­ A reply to the opposition was filed by fore August 24,1959, a written statement eral television allocation proceeding Capitol Radio. These opponents con­ or brief setting forth his comments. (Docket No. 11532) in which, among tend that Capitol Radio has not made Comments in support of the proposed other things, it gave consideration to “even a token showing” why the changes amendments may also be filed on or an interim program, pending the devel­ which it seeks in the allocation table before the same date. Comments or opment of longer-range TV reallocation would serve the public interest. Sacra­ briefs in reply to the original comments possibilities. A number of rule making mento Telecasters asserts that ample may be filed within 15 days from the proceedings were undertaken to consider competitive television service already last day for filing said original com­ proposals for the reallocation of fre­ exists in the Sacramento market. ment^. No additional comments may quencies geared to improve, in the in­ 9. Standard Radio and Television be filed unless (1) specifically requested terim, the competitive television situa­ Company, licensee of Station KNTV on by the Commission or^(2) good cause tion in specific communities and areas. Channel 11 at San Jose, has filed an for the filing of such additional com­ In some cities the Commission proposed opposition to the S. H. Patterson pro­ ments is established. to enhance the opportunities for more posal, which would require KNTV to 15. In accordance with the provisions effective competition by achieving de­ change from Channel 11 to Channel 12. of § 1.54 of the Commission’s rules and intermixture through deleting VHF KNTV states that, such a forced move regulations, an original and 14 copies channels in order to make the area com­ would place an intolerable economic bur­ of all statements, briefs, or comments pletely or substantially dependent upon den upon it. KNTV asserts that it has shall be furnished the Commission. UHF; in other cities, where it was be­ already suffered substantial financial Adopted: July 15,1959. lieved feasible, the Commission proposed losses and cannot afford any further eco­ to add VHF channels to accomplish its nomic hardships. Since KNTV now op­ Released: July 17,1959. basic objective. erates from a site south of San Jose, 5. One VFH channel has been assigned and since most receiving antennas in F ederal Communications Commission, to Fresno, Channel 12, on which Station the area are oriented to receive San KFRE-TV operates. We initially pro­ Francisco stations, KNTV contends that [seal] M ary J ane M orris, Secretary. posed to deintermix the Fresno area by its signal is not as well received in San substituting UHF Channel 30 for VHF Jose as it should be. KNTV is consid­ [F.R. Doc. 59-6027; Filed, July 21, 1950; Channel 12 at Fresno, and by shifting ering the advisability of moving its 8:51 a.m.j Channel 12 from Fresno to Santa Bar­ transmitter to a site further north so bara, California. On March 1, 1957, the tl^at its signal will be better received in Commission released its Report and San Jose. KNTV argues that this move Order and Order to Show Cause, con­ would not meet the Commission’s mile­ [ 47 CFR Part 3 1 age separation requirements if, as S. H. cluding that its initial proposal should be Patterson proposes, Channel 11 were al­ [Docket No. 11759; FCC 59-723] finalized. Since KFRE-TV was licensed located to San Francisco. KNTV’s con­ to ojierate on Channel 12 at Fresno, final sulting engineer asserts that the signal TABLE OF ASSIGNMENTS; TELEVISION action with respect to the proposal to of a Channel 11 station in San Francisco BROADCAST STATIONS shift Channel 12 from Fresno to Santa Barbara was not taken; instead, the li­ at the minimum spacing distance would Memorandum Opinion and Order, override the signal of KNTV on Chan­ censee was directed to Show Cause why nel 12, causing deterioration of the Notice of Further Proposed Rule its authorization should not be modified KNTV service to the San Jose com­ Making, and Orders To Show Cause to specify operation on Channel 30. munity. 6. Preliminarily, before turning to con­ In the matter of amendment of § 3.606 sideration of the various proposals and 10. The Washoe County School, Dis­ Table of assignments, Television Broad­ trict requests that in the event the Cord pleadings, we deal with several motions, cast Stations (Fresno, Bakersfield, and filed by some parties and directed against Proposal for Reno is adopted that Chan- Santa Barbara, Calif., Goldfield, and nel 11 be reserved for educational use. pleadings filed by opposing parties, re­ Tonopah, Nevada); Docket No. 11759. questing that those pleadings be stricken Lapitol Radio filed an opposition to the 1. Notice is hereby given of further r?™ request pointing out that the pro­ or not be considered by us because they proposed rule making in the above-men­ were not timely filed, were “further posal to assign Channel 11 to Reno con­ tioned matter "looking toward amend­ flicts with its request for Channel 12 at pleadings” not contemplated by our rules, ment of § 3.606 Table of assignments, were not properly served, contained sham t^ ento- Capitol Radio suggests Television Broadcast Stations. or frivolous matter, or otherwise did not nat Channels 2 and 5 may be assigned 2. The Commission has before it for to Reno to resolve this conflict, form to proper procedure. Such motions consideration: were directed against: (1) “Modification th The Commission is of the view (a) Our Report and Order, and Orderof Petition” and “Further Modification” ^ ./ule making proceeding should to Show Cause, issued in this proceeding ^ 1J^ ^ te d and that interested parties filed by Bakersfield Broadcasting Com­ on March 1, 1957 (22 FCC 365, 15 Pike pany (KBAK-TV, Bakersfield Channel tho* ke invited to file comments on & Fischer RR 1586i), in which we con­ 29) in February and May 1958, in which tne foregoing proposals. cluded that the Fresno market should Ji-T he proposed amendments, if that party amended the proposal con­ be made all-UHF by the removal of tained in its original petition filed in *’• would affect outstanding au- VHF Channel 12 to Santa Barbara and norizations and existing stations. We April 1957; (2) “Motion to Vacate Order the allocation of another UHF channel to Show Cause” filed by California In- 5852 PROPOSED RULE MAKING land Broadcasting Company (the licensee (c) “Request to Expedite Action” Commission to vacate the show-cause of KFRE-TV, Fresno Channel 12) in filed July 31, 1958, by O’Neill Broadcast­ proceedings directed to it looking to­ September 1958; (3) “Supplemental Pe­ ing Company, requesting speedy action ward modification of its license to specify tition” filed by O’Neill Broadcasting to make Fresno all-VHF or all-UHF. Channel 30 instead of Channel 12; Company (KJEO, Fresno Channel 47) on (d) “Supplemental Petition” filed Au­ (i) “Supplemental Petition” of O’Neill April 16, 1959; (4) “Opposition” filed by gust 26, 1958, by McClatehy Newspapers, (KJEO, Fresno Channel 47) filed April O’Neill on October 14, 1958, directed licensee of KMJ-TV, Fresno Channel 24, 16, 1959, asking prompt action to make against KFRE-TV’s motion to vacate the asking in the alternative that the Com­ Fresno and Bakersfield all-VHF; show cause order; and (5) “Reply” filed mission either assign Channels 2, 5, 7 (j) Comments, oppositions, and re­ by ABC in April 1957, d i r e c t e d to (reserved for education) and 9 to Fresno plies filed by the above parties directed KFRE-TV’s opposition to ABC’s petition and Channels 8 and 12 (from Fresno) to to the pleadings of other parties, and for reconsideration of our Report and Bakersfield in addition to Channel 10 al­ similar pleadings filed by Kern County Order herein. The motiqn to strike the ready there, or expedite action looking Broadcasters, Inc., Wrather-Alvarez last-mentioned pleading (of ABC) was toward removal of Channel 12 from Broadcasting, Inc., and Marietta Broad­ on the grounds that it was-frivolous, Fresno and Channel 10 from Bakersfield; casting, Inc., (past licensees and present sham and impertinent; the other mo­ and pleadings supporting this supple­ licensee, respectively, of Station KERO- tions were on grounds of lack of timeli­ mental petition filed by ABC, O’Neill TV, Bakersfield Channel 10) Edward E. ness, lack of proper service, etc. Broadcasting Company (licensee of Sta­ Urner, et al. tr/as Kern County Broad­ 7. Our rules governing the filing of tion KJEO, Fresno Channel 47) and casting Company, permittee of Station rule making petitions and comments Bakersfield Broadcasting Company (li­ KICU, Bakersfield Channel 17 (whose relating thereto (§§ 1.202 and 1.204) and censee of Station KBAK-TV, Bakersfield construction permit has been stayed other rules concerning pleadings, are in­ Channel 29); * pending a protest proceeding); Chan­ tended to apply with reasonable strict­ (e) “Further Modification of Petition” nel City Television & Broadcasting ness, so that our proceedings may be filed May 12,1958, by Bakersfield Broad­ Co., Inc., (potential applicant for Chan­ conducted in an orderly manner and casting Company (KBAK-TV), asking in nel 12 at Santa Barbara); Salinas Valley terminated at a reasonably early date, the alternative deletion of Channel 10 Broadcasting Corporation, licensee of with the interested parties having ade­ from Bakersfield or assignment of Chan­ Stations KSBW-TV, Salinas Channel 8, quate notice of the proposals involved. nels 8 and 12 (in addition to 10) to that and KSBY-TV, San Luis Obispo Channel It is at least arguable that some of the city;3 6; Westinghouse Broadcasting Company, pleadings mentioned did not meet our (f) “Petition” of Coast Ventura Com­ Inc., licensee of KPEX, San Francisco procedural requirements. The same pany, filed June 24,1957, seeking deletion Channel 5; and the Association of Maxi­ might be said of other pleadings relating of Channel 10 from Bakersfield and its mum Service Telecasters, Inc., (MSTA). to the matters under consideration here, assignment to Ventura-Oxnard, or to (k) Various pleadings, discussed more to which no motion to strike was di­ Santa Barbara with Channel 12 reas­ fully in the Notice of Proposed Rule Mak­ rected. But it must also be considered signed to Ventura (Coast Ventura is the ing which we are issuing herewith relat­ that the present series of situations, with licensee of a Ventura radio station; its ing to proposals to assign Channel 12 to all of their ramifications, are complex, principals include Messrs. Hall et al., the Sacramento or to San Jose (with shift and have changed from time to time as petitioners mentioned above); of Channel 11 from San Jose to San new proposals and counterproposals (g) “Reply to Supplemental Petition Francisco), and related proposals involv­ have been advanced, the possibility of of McClatehy,” etc., filed September 25, ing the assignment of Channels 2, 5 new allocations has developed, and other 1958, by California Inland Broadcasting and/or 11 to Reno, Nevada. factors have been altered. In the cir­ Company, then licensee of Station The alternative presented. 9. The cumstances of this proceeding, and tak­ KFRE-TV, Fresno Channel 12, inter alia pleadings mentioned present us with ing into account the unavoidable delays proposing—in lieu of the McClatehy pro­ several alternative courses of action, in disposing finally of the issues while posal mentioned as (d) above—the as­ which may be summarized as follows; we reviewed the nationwide TV alloca­ signment of Channels 2, 5, and *7 and (a) With respect to the Fresno tion problem, we believe it is desirable retention of 12 in Fresno and the assign­ market: to consider all the proposals and argu­ ment of Channels 6 and 8 (and retention (l) Leave it in status quo, by vacating ments filed in relation to this proceeding. our show-cause proceeding and our of 10) in Bakersfield, Channel 6 to be Report and Order, leaving VHP Channel We therefore need not determine removed from San Luis Obispo, Cali­ whether the various pleadings which are fornia and Channels 4 and 9 substituted 12 (KFRE-TV), three UHF commercial questioned are in strict compliance with channels (24, 47, 53) with two operating therefor there. Reduction of .mileage UHF stations, and one non-commercial our rules. Accordingly, the pleadings separations in Zone II or the western part mentioned in paragraph 6 are considered educational channel (* 18). thereof is proposed as part of this plan.3 (2) Pursue our course looking toward herein, and the motions to strike them (h) “Motion to Vacate Order to Show are denied. making the market all-UHF, by deletion Cause,” filed September 25,1958, by Cali­ of Channel 12 (subject to show cause 8. The petitions and other pleadings fornia Inland (KFRE-TV), asking the presenting various courses of action in proceedings against KFRE-TV), and addition of Channel 30. these matters are as follows: 2 We also have before us earlier “Petitions” (3) Make the market substantially all- (a) Petition for reconsideration of filed by McClatehy and O’Neill on February our Report and Order, filed by American 6 and January 13, 1958, respectively, seeking VHF, by adding Channels 2, 5, *7 and 9, Broadcasting Company (ABC) on April the assignment of Channels 2, 5, and 7 (and removing Channel 12, and instituting 1, 1957, seeking the reassignment of by McClatehy also 9) to Fresno in addition to show cause proceedings looking toward Channel 12 to Bakersfield instead of Channel 12. operation by KFRE-TV on one of the Santa Barbara (and also the assignment 8 We also have before us Bakersfield’s Peti­ new channels (which would require a tion (filed April 8, 1957), and “Modification change in its site if existing mileage sep­ of Channel 8 to Bakersfield). of Petition” (filed February 6, 1958); in the (b) Petition for reconsideration of our arations are to be maintained. former Bakersfield requested the deletion of (4) Make the market substantially all- Report and Order, filed April 1, 1957, by Channel 10 from Bakersfield and the addition Fred M. Hall, Sidney M. Held and Car- of UHF Channel 39; in the “Modification” it VHF by adding Channels 2,5 and *7, and roll R. Hauser, seeking the reassignment requested deletion of Channel 10 or, in the retaining Channel 12. of Channel 12 to Ventura or Ventura- alternative, addition of Channel 8 to Bakers­ (b) With respect to the Bakersfield field. There is also before us a petition filed m arket:' Oxnard, California, instead of Santa by O’Neill supporting the deletion of Channel (1) Leave it in status quo with VHF Barbara,1 10 and proposing the addition of Channel 17 Channel 10 (KERO-TV), and UHF as well as 39. Channels 17, 29 and 39. There is one 1 Letters were filed by the Chambers of 4 The ^present licensee of KFRE-TV, Tri­ Commerce of Oxnard and Ventura, to the angle Publications, Inc. (Radio & Television UHF station operating (KBAK-TV» same effect as the Hall petition. This peti­ Division) takes essentially the same position Channel 29) and construction permits tion was opposed in a letter filed by the as California Inland in pleadings filed April for the other two UHF channels have licensee of Radio Station KOXR, Oxnard, 29, May 14, and May 15, 1959, in relation to been granted but the grants have been urging that Ventura County remain all-UHF. O’Neill’s “Supplemental Petition.” stayed pending protest proceedings. Wednesday, July 22, 1959 FEDERAL REGISTER 5853 (2) Make the market all-UHF by re­ signment of Channel 8 or Channel 12 to removal of Channel 12 from Fresno and moving Channel 10, for assignment else­ Bakersfield (see our Report and Order, its assignment to Bakersfield, and the where, possibly on the coast. para. 24 and footnote 12), it appears assignment of Channel 8 to Bakersfield. (3) Add another VHP channel to the that the assignment of Channel 12 to It is urged that this solution to the prob­ market, either Channel 12 if that is to that city (if deleted from Fresno) pre­ lem is preferable to the all-UHF solu­ be removed from Fresno, and we obtain sents no substantial problems of mileage tion for Fresno which we adopted in our Mexican concurrence, or possibly some separation or site availability. As to Report and Order and which some of other channel (Channels 8 and 6 have Channel 8, the 190-mile separation re­ them had advocated earlier, for the fol­ been mentioned as possible assign­ quirement would limit a Bakersfield lowing reasons: (1) Fresno can never be ments). Channel 8 operation to an area some made a UHF “island” because of VHF (4) Add two VHP channels to the 25-30 miles east of the city; however, it signals received in the area from Bakers­ market (subject to the same conditions) appears that within this area there is field and also from VHF Stations in other such as 12 and either 8 or 6. a possible site (about 25 miles from the cities in California; (2) loss of service (c) If we decide to remove Channel 12 city) from which a Channel 8 station which would be entailed by an all-UHF from Fresno (under alternatives (a) (2) could provide a signal over the city of allocation because of lesser UHF cover­ or (a) (3) mentioned above) we could greater intensity than that required for age, particularly in the foothill areas assign it either to Bakersfield or to Santa principal city service. where UHF does not always work satis­ Barbara or Ventura-Oxnard. 12. The use of Channel 6 in Bakers­factorily (and similar loss in the Bakers­ (d) If we decide to remove Channel field, advanced by KFRE-TV as a coun­ field area which, it is urged, would also 10 from Bakersfield, a similar assignment terproposal to provide 3 VHF channels have to be made all-UHF); (3) the de­ in coastal California might be possible. to that city without Channel 12, would cline in UHF viewing and development, (e) If we decide to remove Channel 12 mean that that channel must be deleted both in the Fresno area (through nonre­ from Fresno, its use in Northern Cali­ from San Luis Obispo, where Station placement of tubes and antennas) and fornia (for example, at San Jose or Sac­ KSBY-TV is 'licensed and operates generally in the United States; (4) unlike ramento) is possible, under circum­ thereon. KFRE-TV proposes that Chan­ all-UHF solutions for Fresno and Bakers­ stances described in the Notice of Rule nels 4 and 9—both of which are in use field, which would take years to effectu­ Making on that subject. If used at San in both San Francisco and Los Ahgeles—- ate because of the litigation involved, an Jose, Channel 11 now assigned there be assigned to San Luis Obispo instead, all-VHF solution could be implemented could be reassigned to San Francisco. and that KSBY-TV operate on one of speedily (the only litigation beyond rule- Mileage separation and related con­ these. However, the present site of making being a possible show-cause pro­ siderations. 10. When the Commission KSBY-TV is only about 167 miles from ceeding looking toward KFRE-TV shift­ considered the Fresno case prior to the the Channel 4 and Channel 9 Los Angeles ing from Channel 12 to Channel 9); (5) adoption of its March 1,1957 Report and stations, considerably short of the 190- thus three competitive facilities, and Order looking toward the deletion of mile requirement. It appears that it is three comparable network outlets, can Channel 12, it was not aware of any impossible to find any location in the San be provided in both markets speedily. method of assigning multiple VHP chan­ Luis Obispo area which would meet the 15. With respect to the relationship nels in the Fresno area that would meet separation requirement with respect to between the Fresno and Bakersfield existing minimum mileage requirements. both the Los Angeles and San Francisco markets (the two cities are about 105 The Commission believed, therefore, that stations operating on these channels. miles apart) the Fresno UHF stations the only means of ensuring people of the McClatchy asserts, moreover, that.the argue that they are harmed by VHF Fresno area would be afforded at least present KSBY-TV site (slightly north of competition from KERO-TV in Bakers­ three comparable television services was San Luis Obispo) is located about as far field and would be even more harmed to make the area all-UHF. However, it north as it can be and still take advantage by assignments there on Channel 8 appears from the petitions filed by of favorable terrain to serve the city. and/or 12, and that these two markets McClatchy and O’Neill that Channels 2, 12a. With respect to the feasibility of should be treated as a unit. KBAK-TV, 5, 7, and 9 may be assigned to Fresno, using Channel 12 at Santa Barbara or Bakersfield, likewise now supports a provided the stations operating on these Ventura, this matter was covered in our single VHF solution for the entire San channels place their transmitter sites Report and Order (pars. 24, 25, 29). Joaquin Valley; it also argued, earlier, some distance to the east of that city. The subsequent pleadings herein do not that the similar Fresno and Bakersfield It appears that operating from Mount furnish any material which requires fur­ situations should at least be treated Patterson, about 44 miles east-northeast ther discussion. As to use of Channel comparably—w i t h deintermixture in of Fresno, where sites are available with 10 in this general area, if deleted from both places—and points out that its plan a ground elevation of more than 8,000 Bakersfield, its use would appear to be to add Channels 8 and 12 to Bakersfield feet above sea level, a station operating feasible, from a mileage standpoint, in would be consistent with an all-UHF on any of these four channels would put some community on the California coast solution for Fresno. ABC, which origi­ a signal of more than the intensity re­ between a point about 10 miles north of nally sought the addition of Channels quired for principal-city service (77 dbu) Santa Barbara and a point north of San 8 and 12 to Bakersfield even if Fresno over the entire city of Fresno. The use Luis Obispo (such as San Luis Obispo or was to be made all-UHF, now supports of Channels 5 and 9 at Fresno would ne­ Santa Maria). the all-VHF solution for both markets cessitate the deletion thereof from the The contentions of the parties. 13. as the speediest way to get three com­ communities of Goldfield and Tonopah, We have carefully considered the various petitively comparable facilities in both Nevada, respectively. These communi­ pleadings filed concerning the matters places. ties are quite small (both having popula­ involved here, and the arguments and 16. Station KFRE-TV, Fresno Chan­ tions of less than l'500) ; there are no data advanced therein. Their chief lines nel 12, opposes' this plan for an all-VHF existing or, as far as appears, prospective of argument are as follows. solution because of the move in its site stations there, and no opposition to the 14. Citing the familiar history of involved; it asserts that the move to Mt. removal of the channels from these UHF-VHF competition, the three exist­ Patterson (necessary for Channel 9 oper­ Places has been presented. In other re­ ing Fresno and Bakersfield UHF stations ation) would be costly and should not spects, use. of any of these four channels (KJEO and KMJ-TV, Fresno, and be required when the Commission may at Mount Patterson sites would meet all KBAK-TV, Bakersfield) assert that a fairly soon decide on shorter separations applicable mileage separation require­ UHF station cannot successfully compete which might make such a move unneces­ ments. If Station KFRE-TV is to op­ with a VHF station in the same market, sary, and would result in service to the erate on one of these channels (Channel and that therefore, if the goal of mul­ city of Fresno and the foothill areas 9 is proposed for it by McClatchy), it tiple competitive television services is to poorer than that rendered by KFRE-TV be achieved, the assignments in the re­ from its present site closer to Fresno but would be required to move from its pres­ spective markets must be made competi­ lower. In reply, McClatchy asserts that ent transmitter site, which is closer to tively comparable. They advocate the the greater height from Mt. Patterson Fresno but of lesser elevation, in order achievement of this end through making would mean better service in the area to meet the separation requirements. Fresno and Bakersfield essentially all- over-all. KFRE-TV does not oppose an 11. Aside from the question of whether VHF, by the addition of Channels 2, 5, all-VHF solution for Fresno and Bakers­ or not Mexico would concur in the as­ 7 (for education) and 9 to Fresno, the field, and as a means of effectuating that 5854 PROPOSED RULE MAKING while still retaining Channel 12 in 18. The parties interested in assign­after the rule making proceedings are Fresno, it suggests its alternative of as­ ment of Channels 12 and 10 on the completed; and if KFRE-TV should signing Channel 8 and also Channel 6 California coast argue that the all-UHF maintain its right to a “show cause” to Bakersfield, through deletion of Chan­ plan is appropriate for Fresno (as we hearing before modification of its license nel 6 from San Luis Obispo. Since the have held) and also for Bakersfield, and to specify Channel 12 (from the Mt. Pat­ substitution of channels at San Luis would make Channels 10 and 12 avail­ terson site) at least all of the operating Obispo (described , above) would involve able for use on the California coast. It stations in Fresno will be VHF during co-channel mileage separations consid­ is pointed out that the Santa Barbara that period. Accordingly, we conclude erably shorter than the 190 miles speci­ market could thereby have two or even that the Fresno area should be deinter- fied for Zone II, KFRE-TV suggests that three VHF outlets instead of one (and mixed by the assignment of four VHF the Commission consider on a case-to- that no UHF station will ever survive channels (one reserved for education) case basis assignments in the western there), and also that assignment of one to that city. portion of Zone n with no more than 170 of the channels to Ventura or Ventura- 22. We turn to consideration of which miles separation—separations which, it Oxnard would provide these communi­ course of action we should pursue with is urged, are equal to those in Zone I, are ties and Ventura County with a first respect to additional Fresno VHF assign­ appropriate for the mountainous terrain local outlet: (the respective parties of ments, whether to add Channels 2, 5, in the western portion of Zone II, and course differ as to where on the coast 7 (for education) and 9, and remove 12, would make this and other reallocations these channels should be assigned). or add 2, 5, and 7 (for education) and possible. The opponents of KFRE-TV’s ABC, urging the assignment of Channel keep Channel 12. We adopt, as a basis alternative plan urge that the Fresno- 12 to Bakersfield instead of Santa Bar­ for further proceedings which may be Bakersfield problem should not be ap­ bara, advances in support thereof the necessary herein, the plan under which proached by considering such a funda­ relative present population of the respec­ 2, 5, *7 and 9 are added and Channel 12 mental change in our allocation princi­ tive counties (Kern and Santa Barbara) is removed. It presently appears that ples (which is not necessary and which and also greater area and population service from the more distant site at would inevitably be complex and time- which would be served by a Bakersfield which these channels (including 9) consuming), and that their plan is the station on this channel (12,500 square would be used will be adequate to serve only workable one. miles and 329,000 persons as compared to the city and the area. Moreover, the 17. The past and present licensees of7,150 square miles of land area and removal of Channel 12 from Fresno will Station KERO-TV, Bakersfield Channel 255,000 persons for a Santa Barbara make possible its use elsewhere, both in 10, oppose any of the proposed changes station) .8 northern California and in Bakersfield. in Bakersfield assignments. It is argued Conclusions. 19. The basic alterna­ For reasons set forth below, we con­ that deintermixture is not needed in tives which the parties have urged in clude that its use in Bakersfield is prefer­ Bakersfield (or, for that matter, in Fresno and Bakersfield are to make these able, in order to achieve deintermixture Fresno either) since the UHF stations markets all-UHF or VHF. With one ex­ of that area. We do not propose as an appear to be doing reasonably well, and, ception there was no support for the alternative for Bakersfield the addition in this situation as elsewhere, the pres­ status quo of intermixed markets. of Channel 6, as requested by KFRE-TV, ence of only one VHF station does not Our reconsideration of these markets because this course of action would in­ render difficult the survival and develop­ in the light of the detailed data and volve the deletion of this channel from ment of UHF stations. As to the dele­ arguments summarized in the preced­ San Luis Obispo, without any satisfac­ tion of Channel 10 originally proposed, ing paragraphs leads us to the conclu­ tory assignment to replace it. KFRE-TV KERO-TV argues that this would cause sion that the public interest would best has proposed that Channels 4 and 9 be loss of service to areas which UHF can­ be served by the addition of Channels 2, assigned to San Luis Obispo; but this not serve, and that no suitable use of the 5, 7, and 9 to Fresno (with Channel 7 would involve very substantial violation channel could be made elsewhere in a reserved for educational use), the as­ of our mileage separation rules, and we substantial community. As to Channel signment of Channel 12 and Channel 8 are not disposed to alter these on a case- 8, KERO-TV asserts that use thereof in to Bakersfield, and the incidental dele­ to-case basis when an alternative, which Bakersfield would not be satisfactory tion of Channels 5 and 9 from Goldfield appears to have no substantial draw­ because of shadowing in some directions and Tonopah, Nevada, respectively. backs affecting the public interest, ap­ and “ghosting” resulting from the moun­ 20. We consider this course preferable pears available. We cannot accept tainous terrain around the transmitter to eliminating VHF outlets from this KFRE-TV’s argument that it would be site; and that this assignment, like the area, which would result in some— subjected to substantial adjacent chan­ proposed new Fresno VHF assignments, though no extensive—loss of service. It nel interference if operating on Channel would be bad allocation policy because is, moreover, preferable to leaving the 9 in Fresno, in view of the large distances considerations of adequate service would markets intermixed, a course which from other adjacent channel assign­ be subordinated to “squeeze-ins” de­ would neglect our interim objective of ments. We are not of course prejudging signed to meet mileage separation re­ making comparative opportunities more the further Fresno rule making which quirements. It is argued that the addi­ nearly equal in important markets tion of one or two VHF channels in where it is feasible to do so with due re­ appears to be necessary, or whatever Bakersfield would mean the end of UHF gard for all local circumstances and show cause proceeding may be involved there, and would limit the city to two applicable policies. with KFRE-TV; but as a basis upon stations until phannel 12 might be avail­ 21. In the case of Fresno, we must which to proceed we favor the proposal able after show-cause proceedings also consider the time factor involved. which contemplates operation by the against KFRE-TV in Fresno, and for­ Assignment of Channels 2, 5, *1, and 9 three Fresno stations on Channels 2, 5 ever to no more than three stations, would permit Stations KMJ-TV and and 9, and the deletion of Channel 12 whereas there are now two operating KJEO to prepare for VHF operation from that city. Accordingly, in the at­ stations and two outstanding (though tached Further Notice we propose to as­ 0 Various parties herein refer to the re­ sign Channels 2, 5, 7 (educational) and 9 stayed) UHF construction permits (in spective populations of Bakersfield, Santa to Fresno, and to reassign Channel 12 reply, KBAK-TV asserts that UHF con­ Barbara, Ventura, and Oxnard, and the coun­ elsewhere. We also issue show cause struction permits are not the equivalent ties wherein they are located. The pertinent orders directed to KFRE-TV and the of going, successful stations). It is also facts appear to be as follows: 1950 Current other Fresno stations. asserted that any additional VHF as­ Census (1958) 23. We conclude that the public in­ signments in Bakersfield would injure Bakersfield______34,784 54, 300 terest would be better served by the use the cause of UHF in Fresno. It is argued Kern County___’______228,309 279, 600 of Channel 12 in Bakersfield, along with that comparable treatment of the two S a n ta . "Rfi.rtva.rfl...... 44, 91 3 57.100 Channel 10 and Channel 8. The argu­ markets is not required, since the facts Santa Barbara Co______98,220 121,300 ments for deintermixture of this market Oxnard ___ .______21,567 34, 600 are the same as those applicable to are different—UHF in Fresno being more V en tu ra___ .______*30,209 27.100 appropriate because of the existence of Fresno. For similar reasons, it appears two UHF stations (of high power) long T o ta l______. . . 51,776 61,700 preferable not to make Bakersfield an before the VHF station commenced op­ Ventura County ___ 114,647 163,100 all-UHF market or leave it intermixed. eration, unlike the Bakersfield situation. ♦Township. The course we adopt here necessitates Wednesday, July 22, 1959 FEDERAL REGISTER 5855 using Channel 12 at Bakersfield, rather an additional VHF assignment to Sacra­ 31. Authority for the adoption of the than at Santa Barbara or Ventura-Ox- mento. We are today instituting rule amendments proposed herein is con­ nard. In our Report and Order (para­ making on two proposals, together with tained in sections 1, 4 (i) and (j), 301, graph 30) we decided on the assignment interrelated proposals for additional 303 (a), (b), (c), (d), (e), (f), (g), (h), of Channel 12 to Santa Barbara rather VHF outlets at Reno. In connection with and (r) and 307(b) of the Communica­ than Bakersfield inter alia because use proposals involving Reno, we note that tions Act of 1934, as amended, and sec­ thereof at Bakersfield would work to the that city is 192 air miles north pf Fresno. tion 4 of the Administrative Procedure disadvantage of UHF operation in Since the proposal for use of Channels Act. Bakersfield and might have a similar ef­ 2, 5, *7 and 9 at Fresno involves use of 32. Any interested party who is of the fect in the Fresno area. Now, since we a site east-northeast of that city, it is opinion that the proposed amendment propose to make Fresno substantially all- possible that the assignment of Channels should not be adopted, or should not be VHF and contemplate similar action with 2 and 5 to Fresno may involve some adopted in the form set forth herein, respect to Bakersfield if it proves feasible, limitation upon the site at which these may file with the Commission on or this reason no longer applies. Accord­ channels could be used at Reno. Despite before August 24, 1959, a written state­ ingly, we are of the view that, for the this possible interrelationship, we con­ ment or brief setting forth his comments. interim period with which our actions clude upon full consideration of all rele­ Comments in support of the proposed here are concerned, use of Channel 12 vant factors that the rule making on amendments may also be filed on or in Bakersfield, wliere it would help to Fresno and Bakersfield assignments before the same date. Comments or solve the intermixture problem^ and should proceed separately from our re­ briefs in reply to the original comments would also make possible the provision of view, in a different proceeding, of alloca­ may be filed within 15 days from the service to a much more populous county tion proposals affecting Reno, Sacra­ last day for filing said original com­ and a substantially greater total area mento, San Francisco and other ments. No additional comments may and population, is to be preferred to its California cities. A consolidated pro­ be filed unless (1) specifically requested use at Santa Barbara. Likewise, use of ceeding would be unduly cumbersome. by the Commission or (2) good cause this channel at Bakersfield we conclude Moreover, we attach more urgency to an for the filing of such additional com­ to be more in accordance with our in­ interim solution for the currently inter­ ments is established. terim objectives than its assignment to mixed markets of Fresno and Bakersfield 33. In accordance with the provisions Ventura or Ventura-Oxnard. than to the interim problems in Reno, a of § 1.54 of the Commission’s rules and 24. Use of Channels 8 and 12 at smaller market with two VHF assign­ regulations, an original and 14 copies Bakersfield requires the concurrence of ments. It follows that if a site conflict of all statements, briefs, responses, or Mexico, since Bakersfield is within 250 should arise between Reno and Fresno— comments shall be furnished the Com­ miles of the Mexican boundary (see our and7this is an uncertain eventuality—we mission. Report and Order, paragraphs 24 and would be compelled to resolve it in favor 34. It is ordered, That, pursuant to 25). Negotiations have been in progress of Fresno.8 the provisions of sections 303(f) and looking toward suchconcurrence with re­ 28. In view of the foregoing: It is or­ 316 of the Communications Act of 1934, spect to these channels, and it appears dered, That the Commission’s Report as amended: that there is substantial likelihood that and Order and Order to Show Cause, (a) O’Neill Broadcasting Company is formal concurrence will be obtained in adopted in this proceeding on February ordered to show cause why its authori­ these assignments. Accordingly—sub­ 26, 1957 and released on March 1, 1957 zation for Station KJEO on Channel 47 ject of course to the final outcome of (22 FCC 365, 15 Pike and Fischer RR in Fresno should not be modified to spec­ these negotiations—we are instituting 1586i), is vacated. ify operation on Channel 2. rule making proceedings looking toward 29. Notice is hereby given of further (b) McClatchy Newspapers is ordered these assignments. proposed rule making to amend § 3.606 to show cause why its license for Station 25. Bakersfield Broadcasting Qompany Table of assignments, Television Broad­ KMJ-TV on Channel 24 in Fresno should has requested that it be issued a show cast Stations, as follows.: not be modified to specify operation on cause order looking toward modification Channel 5—. of the license of KBAK-TV to specify Channel No. (c) Triangle Publications,* Inc., is Channel 12 instead of Channel 29. While City ordered to show cause why its license for we are instituting rule making proceed­ Present Proposed Station KFRE-TV on Channel 12+ in ings looking toward the assignment of Fresno should not be modified to specify Channels 8 and 12 to Bakersfield, we do Bakersfield, Calif___ 10-, 17,29,39+ 8,10-, 12+ 17, operation on Channel 9—, not believe it appropriate to issue any 29,39+ 35. Responses to the Show Cause Fresno, Calif...... 12+ *18-, 24, 2—, 5-, *7+, show cause order in view of the fact that 47,53 9-, 53 Orders issued herein should be filed on there are two UHF» construction permits Goldfield, Nev_____ 6- or before August 24, 1959. If a respond­ outstanding, even though not in effect at Tonopah, Nev_____ e- ent consents to the proposed modifica­ this time because of the protest proceed­ tion of its authorization, it will be ing. in this respect, KBAK’s request is 30. The Commission is of the view helpful if the response includes all data denied. that interested parties should be invited necessary for the preparation of engi­ 26. On October 2, 1958, Kern Count; to file comments on the foregoing pro­ neering specifications covering the modi­ Broadcasting Company (then an appli posal before further action is taken in fied authorization. cant for Channel 17) filed a petition re the subject proceeding. 36. It is further ordered, That each questing that Channel 39, Bakersfield, b respondent should file an original and reserved for educational use, so as to 8 We also note a pleading filed very recently 14 copies of its response, and should leave three commercial channels (1 VH] (May 19, 1959) on behalf of Station KCCC- indicate therein whether or not it re­ and 2 UHF) in that city. In view of th TV„ Sacramento Channel 40, which asks us quests a hearing in the matter, and if Pending proceedings involving Bakers to consider lowering the Zone II co-channel so, whether it intends to appear and mileage separation requirements to 100 to present evidence at such hearing on the field allocation, it is not necessary to pas 125 miles, in lieu of the present 190 miles. upon that petition at this time. Ken The pleading also proposes numerous changes matters specified herein and in said County Broadcasting Company, or an; in assignments in California on the basis of response. other party, is of course free to assert ii such reduced separations. While we are con­ 37. It is further ordered, That failure making proceedings relating to sidering the possible reduction of mileage to file a response by August 24,1959 shall Bakersfield that one channel should b separations in situations where the critical be deemed consent by the respondent to reserved for education. shortage of VHP channels can be alleviated the modification of its authorization as 27. As noted above, if Channel* 12 i only by this means, it is not appropriate to proposed, and a final order will issue consider, in a proceeding relating to indi­ accordingly. deleted from Fresno, an additional VH] vidual cities, a drastic reduction in separa­ channel may be assigned to a city nortl tions throughout the largest of the three 38. It is further ordered, That failure ^ s n a Two proposals have beei zones. Accordingly, this pleading is denied to indicate said response that respondent submitted looking toward the assign insofar as it proposes concurrent considera­ requests a hearing will be deemed a tion of reassignments in Fresno, Bakersfield, waiver of its right to a hearing, and if uient of a new VHF channel to San Fran and elsewhere which involve such radical the response is filed and the right to re­ Clsc°> und a conflicting proposal request reduction in separations. quest a hearing has been waived by 5856 PROPOSED RULE MAKING respondent, the Commission may, de­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. (d) Gates Engineering Co., Secretary, Wil­ pending upon the facts alleged and proof 154. Interpret or apply secs. 301, 303, 307, mington, Del. 48 Stat. 1081, 1082, 1083; 47 U.S.C. 301, 803, (e) Wilmington Realty Co., Secretary, Wil­ offered, either call upon respondent to mington, Del. furnish additional information under 307) oath, designate the matter for hearing Adopted: July 15,1959. 2. The names of any corporation in on its own motion or issue without fur­ which I own, or within 60 days preceding ther proceedings an order modifying re­ Released: July 17,1959. this appointment have owned, any stocks, spondent’s authorization, as proposed F ederal Communications bonds or other financial interests: herein. Commission, (a) Chicago & Northwestern Railway, 39. It is further ordered, That the pro­ Mary J ane M orris, Stockholder, Chicago, 111. posals inconsistent with those adopted Secretary. (b) East Sugar Loaf Coal Co., Stockholder, Philadelphia, Pa. herein for further rule making are [F.R. Doc. 59-6020; Filed, July 21, 1959; (c) Petroleum Conversion Corp., Stock­ denied. 8:50 a.m.] holder, Wilmington, Del. (d) Lehigh Coal & Navigation Co., Stock­ holder, Bethlehem, Pa. (e) The Macco Chemical Co., Stockholder, Cleveland, Ohio. (f) Crown Cork & Seal Co., Inc., Stock­ NOTICES holder. (g) Airdesign Corp., Stockholder, Upper Darby, Pa. Ohio Oil Co. One William Street Fund. 3. The names of any partnerships in DEPARTMENT OF DEFENSE Prince Marine Drilling & Exploration. which I am, or within 60 days preceding Producing Properties. this appointment have been, a partner; Department of the Army Royal Dutch Petroleum. Standard Oil of New Jersey. (a) Barnes, Dechert, Price, Myers & Rhoads RALPH M. BESSE Television Electronic Fund. (Law Firm ), Partner, Philadelphia, Pa. Employment Without Compensation Travelers Insurance Co. 4. The names of any other businesses Pursuant to section 101(a) of Execu­ 3. The names of any partnerships in in which I own, or within 60 days pre­ tive Order 10647 (section 710(b) of the which I am, or within 60 days preceding ceding this appointment have owned, Defense Production Act of 1950 as this appointment have been, a partner: any similar interest: amended) notice is hereby given of the None. None. appointment of Mr. Ralph M. Besse on Dated: June 1, 1959. July 2, 1959 in the Department of thé 4. The names of any other businesses Army. Mr. Besse is serving as Chief of in which I own, or within 60 days preced­ Albert W. Gilmer. ing this appointment have owned, any [F.R. Doc. 59-5983; Filed, July 21, 1959; the Cleveland Ordnance District, Cleve­ similar interest: land, Ohio. 8:45 a.m.] Mr. Besse is presently employed by the None. Cleveland Electric Illuminating Com­ Dated: June 29, 1959. pany, Cleveland, Ohio. Mr. Besse’s statement of his personal R alph M. Besse. EDWARD F. McCROSSIN business interests is set forth below. [F.R. Doc. 59-5982; Filed, July 21, 1959; Employment Without Compensation 8:45 a.m.] Dated: July 16, 1959. Pursuant to section 101(a) of Execu­ J ohn W. Martyn, tive Order 10647 (section 710(b) or the Administrative Assistant. ALBERT W. GILMER Defense Production Act of 1950 as Statement op P ersonal Business amended) notice is hereby given of the I nterests Employment Without Compensation appointment of Mr. Edward F. McCros- sin on July 1, 1959 in the Department of The following statement lists the Pursuant to section 101(a) of Execu­ the Army. Mr. McCrossin is serving as names of concerns required by section tive Order 10647 (section 710(b) of the Chief of the New York Ordnance District. 302(b) of Executive Order 10647, dated Defense Production Act of 1950 as Mr. McCrossin is self-employed. He is November 28, 1955 (subsection 710(b) amended) notice is hereby given of the the sole owner of McCrossin and Com­ (6) of the Defense Production Act of appointment of Mr. Albert W. Gilmer pany, New York. , 1950, as amended). / on July 1,1959 in the Department of the Mr. McCrossin’s statement of his per­ 1. The names of any corporation of Army. Mr. Gilmer is serving as Chief of sonal business interests is set forth below. which I am, or within 60 days preceding the Philadelphia Ordnance District, this appointment have been, an officer or Philadelphia, Pennsylvania. Dated: July 16, 1959. director: Mr. Gilmer is presently employed as a J ohn W. Martyn, partner with Barnes, Dechert, Price, Administrative Assistant. The Cleveland Electric Illuminating Co.— Myers and Rhoades, Philadelphia, Penn­ Executive Vice President and Director. sylvania. Statement of P ersonal Business The CEICO Company—President. I nterests The Cleveland Trust Co.—Director. Mr. Gilmer’s statement of his personal American Management Assn.—Director. business interests is set forth below. The following statement lists the (Charitable and educational organizations names of concerns required by section not listed.) Dated: July 16, 1959. 302(b) of Executive Order 10647, dated J ohn W. Martyn, November 28,1955 (subsection 710(b> (ej 2. The names of any corporation in Administrative Assistant. which I own, or within 60 days preceding of the Defense Production Act of l9w, this appointment have owned, any Statement of P ersonal Business as amended). , I nterests 1. The names of any corporations oi stocks, bonds, or other financial whieh I am, or within 60 days preceding interests: 1. The names of any corporation ofthis appointment have been, an office American Vitrified Products. which I am, or within 60 days preceding or director: Cleveland Electric Illuminating Co. this appointment have been, an officer or Seaboard Fire & Marine Insurance Com­ Cleveland Trust Co. director: Controls Co. of America. pany of New York, Director. ‘ Diamond Portland Cement, (a) Commercial Banking Corp., Director, Yorkshire Insurance Company of we Dow Chemical Co. Philadelphia, Pa. York, Director. • Gerber Products Co. (b) Airdesign Corp., Director, Secretary, Yuba Consolidated Industries, Director. Great American Life Underwriters. Upper Darby, Pa. 2. The names of any corporations in National Screw & Mfg. Co. (c) William Freihofer Baking Co., Director, Nationwide Corp. “A”. Philadelphia, Pa. which I own, or within 60 days preceding Wednesday, July 22, Ï959 FEDERAL REGISTER 5857 this appointment have owned, any this appointment have owned, any Standard Oil of California. stocks, bonds or other financial interests: stocks, bonds or other financial interests: Standard Oil of Indiana. Standard Oil of New Jersey. Stockholder (Investments). Home Insurance Company. West Penn Electric Co. Alabama Power Company. y Newton-Wattham Bank. Central Trust Co., Cincinnati. American Metals, Ltd, Incorporated Investors. Fifth-Third Union Trust, Cincinnati. American Tel. & Tel. Co. Eastern Utility Associates. U.S. Shoe Corp., Cincinnati. American Equitable Assurance Co. Massachusetts Investors Trust. Technical Equipment Co., Cincinnati. Crown Cotton Mills' of Dalton, Ga. Norfolk County Trust Company. American Gas & Electric Co. Cherokee Royalty Co., Beaumont, Tex. General Motors. Cincinnati Enquirer. General Electric Company. Bank of America. Irving Trust Co. of New York City. Tennessee Gas Transmission. 3. The names of any partnerships in Inland Steel Company. Eaton & Howard. which I am, or within 60 (lays preceding Kennecott Copper Company. Manufacturers Tnist Company. n this appointment have been, a partner: Mississippi River Fuel Corp. Continental Baking Company. Mountain Fuel Supply Company. Massachusetts Port Authority. None. National Steel Corp. Pacific Gas & Electric Co. * 3. The names of any partnerships in 4. The names of any other businesses Seaboard Fire & Marine Insurance Co. whidh I am, or within 60 days preceding in which I own, or within 60 days pre-r Socony Mobile Oil Company. this appointment, have been, a partner: ceding this appointment have owned, any Standard Oil of California. None. similar interest: Standard Oil of Indiana. None. Standard Oil of New Jersey. 4. The names of any other businesses Union Carbide & Carbon Corp. Dated: July 1,1959. F. W. Woolworth Company. in which I own, or within 60 days pre­ ceding this appointment have owned, H arry S. R obinson. Yorktown Products Corp. any similar interest: Yuba Consolidated Industries. [F.R. Doc. 59-5986; Filed, July 21, 1959; 3. The names of any partnerships in None. 8:45 a.m.] which I am, or within 60 days preceding Dated: July 1,1959. ^ this appointment have been, a partner: J ohn S. P feil. WILLIAM J. RUSHTON None. [FR. Doc. 59—5985;- Filed, July 21, 1959; 4. The names of any other businesses 8:45 a.m.] Employment Without Compensation in which X own, or within 60 days preced­ Pursuant to section 101(a) of Execu­ ing this, appointment have owned, any tive Order 10647 (section 710(b) of the similar interest: Defense Production Act of 1950 as McCrossin & Company, Consulting Engi­ HARRY S. ROBINSON amended) notice is hereby given of the neers, sole owner. Employment Without Compensation appointment of Mr. William J. Rushton Dated: June 30,1959. on July 1,1959 in the Department of the Pursuant to section 101(a) of Execu­ Army. Mr. Rushton is serving as Chief E dward F. McCrossin. tive Order 10647 (section 710(b) of the of the Birmingham Ordnance District. Defense Production Act of 1950 as Mr. Rushton is presently employed by [F.R. Doc. 59-5984; Filed, July 21, 1959; amended) notice is hereby given of the 8:45 a.m.] the Protective Life Insurance Company, appointment of Mr. Harry S. Robinson Birmingham, Alabama. on July 1, 1959 in the ¡Department of the Mr. Rushton’s statement of his per­ Army. Mr. Robinson is serving as Chief sonal business interests is attached: of the Cincinnati Ordnance District, JOHN S. PFEIL Cincinnati, Ohio. Dated: July 16,1959. Mr. Robinson is retired. Employment Without Compensation J ohn W. Martyn, Mr. Robinson’s statement of his per­ Administrative Assistant. Pursuant to section 101(a) of Execu­ sonal business interests is set forth below. Statement of P ersonal Business tive Order 10647 (section 710(b) of the I nterests Defense Production Act of 1950 as Dated: July 16,1959. amended) notice is hereby given of the The following statement lists the appointment of Mr. John S. Pfeil on J ohn W. Martyn, names of concerns required by section July l, 1959 in the Department of the Administrative Assistant. 302(b) of Executive Order 10647, dated Army. Mr. Pfeil is serving as Chief of Statement of P ersonal Business November 28, 1955 (subsection 710(b) (6) the Boston Ordnance District, Boston, I nterests of the Defense Production Act of 1950, Massachusetts. as amended). Mr. Weil is presently retired. The following statement lists the 1. The names of any corporation of Mr. Pfeil’s statement of his personal names of concerns required by Section which I am; or within 60 days preceding Business interests is set forth below. 302(b) of Executive Order 10647, dated this appointment have been, an officer November 28, 1955 (subsection 710(b) (6) or director : Dated: July 16,1959. of the Defense Production Act of 1950, First National Bank of Birmingham, Bir­ J ohn W. Martin, as amended). mingham, Ala. Administrative Assistant. 1. The names of any corporation of Gulf, Mobile & Ohio fiailroad. which I am, or within 60 days preceding Alabama Power Company. Statement op P ersonal Business this appointment have been, an officer Moore Handley Hardware. I nterests or director: Protective Life Insurance Company. The following statement lists the Treasurer & Director, Technical Equipment 2. The names of any corporation in °i £pncerns required by section Company, Cincinnati, Ohio. which I own, or within 60 days preceding Nnv^v,0f Executive Order 10647, dated 2. The names of any corporation in this appointment have owned, any stocks,' » member 28, 1955 (subsection 710(b) (6) which I own, or within 60 days preceding bonds, or other financial interests: the Defense Production Act of 1950 this appointment have owned, any stocks, First National Bank of Birmingham, Bir­ as amended). bonds, or other financial interests: mingham, Ala. whi ,TÌ e names of any corporation of Gulf, Mobile & Ohio Railroad. Borg-Wamer Corporation. Alabama Power Company. ... am, or within 60 days preceding Food Machinery & Chemical Company. Moore Handley Hardware. inis appointment have been, an officer General Electric Company. Protective Life Insurance Company. or director: General Portland Cement Company. South Georgia Gas Company. None. Halliburton OU Well Cementing Co. Southern Company. McGraw HU1 Publishing Company. Chattanooga Coca-Cola Bottling Company. names of any corporation in Monarch Machine Tool Company. Darlington-Hartsville Coca-Cola Company. Republic Steel Company. Coca-Cola Bottling Company of Lake ich I own, or within 60 days preceding Southern Company. Charles. No. 142----- 6 5858 NOTICES 3. The names of any partnerships in (e) Account payable to the Attorneyherein shall be deemed to have been which I am, or within 60 days preceding General for advances made or services taken and done in reliance on and pur­ this appointment have been a partner: rendered to the Company by the Office suant to section 5(b) (2) of the Trading of Alien Property prior to date of dis­ with the Enemy Act, as amended (50 None. - solution of the Company (October 30, U.S.C. App. 5), and the acquittance and 4. The names of any other businesses 1943) in the amount of $314.75; and exculpation provided therein. in which I own, or within 60 days pre­ 3. Having determined that it is in the Executed at Washington, D.C., on July ceding this appointment have owned, national interest of the United States 14,1959. ' ^ , any similar interest: that the Company be dissolved, that its For the Attorney General. None. affairs be wound up, and that its assets be distributed as hereinafter provided, [seal] Paul V. Myron, Da^ed: Julyl, 1959. and a Certificate of Dissolution having Deputy Director, WlLLlAM J. RUSHTON, been issued by the Secretary of State of Office of Alien Property. [F.R. Doc. 59-5987; Filed, July 21, 1959; the State of New York on October 30, [F.R. Doc. 59-6Q01; Filed, July 21, 1959; 8:46 a.m.] 1943, upon application of the Alien Prop­ 8:47 a.m.] erty Custodian as. sole stockholder of said Company Hereby orders, That the officers and DEPARTMENT OF JUSTICE directors of the Company (to wit, Lewis ATOMIC ENERGY COMMISSION M. Reed, President and Director, and [Docket No. 50-136] Office of Alien Property Stanley B. Reid, Secretary and Director, [Dissolution Order 127] or their successors or any of them) wind GENERAL ELECTRIC CO. up the affairs of the Company and dis­ EMPIRE IMPORT & EXPORT tribute the assets thereof coming into Notice of Filing of Application for CORPORATION their possession as follows: Facility Export License Whereas, by virtue of the issuance of (a) They shall first pay all current ex­ penses and reasonable and necessary Please take notice that International Vesting Order No. 177, dated September General Electric Company, a Division of 28, 1942, as amended May 21, 1943 (X charges, if any, of winding up the affairs General Electric Company, 150 East 42d F.R. 8569; 8 F.R. 7204), and other actions of the Company; and Street, New York 17, New York, has sub­ taken under the Trading With the (b) They shall then pay all known mitted an application dated June 4,1959, Enemy Act, as amended, the Attorney federal, state, and local taxes or fees, and amendment thereto dated June 12, General of the United States, (herein­ if any, owed by or accrued against the 1959, for a license authorizing the export after referred to as “Attorney General”), Company; and of a 62,000 thermal kilowatt (15,000 kilo­ successor to the Alien Property Custo­ (c) They shall then apply all funds watt electrical) boiling water power dian, holds all of the capital stock of Em­ of the Company remaining in their hands after making the payments, if reactor to Allgemeine Elektricitäts- pire Import & Export Corporation- (here­ Gesellschaft AG, Frankfurt/Main AEG- inafter referred to as the “Company”), a any, specifiéd in (a) and (b) above, to Hochhaus, Federal Republic of Ger­ corporation organized under the laws of the payment, on a pro rata basis, of the claims and Obligations owing to the At­ many. the State of New York; and Pursuant to section 104 of the Atomic Whereas, by virtue of the issuance of torney General and each of the other creditors listed in subparagraphs (a) Energy Act of 1954 and Title 10, CFR, Vesting Order No. 734, dated January 23, Chapter I, Part 50, “Licensing of Produc­ 1943 (8 F.R. 1658), and other actions through (e) of paragraph 2 hereof ; and tion and Utilization Facilities”, and upon taken under the Trading With the (d) They shall then deliver to thé At­ finding that (a) the reactor proposed to Enemy Act, as amended, there is vested torney General an assignment of all re­ maining assets or property (if any) of be exported is a utilization facility as in the Attorney General all right, title, defined in said Act and regulations, and interest and claim of Local Filatures the Company of whatever kind or nature (including any after-discovered assets or '(b) the issuance of a license for the ex­ Corporation, Kobe, Japan, in and to all port thereof is within the scope of and obligations owing to it by the Company, property and all claims or causes of action of whatever kind or nature). The is consistent with the terms of an Agree­ which obligations have been determined ment for Cooperation with the Govern­ to aggregate $99,917.14; and Attorney General, if and when such assets or property (if any) are liqui­ ment of the Federal Republic of Ger­ Whereas, the Company has been sub­ many, the Commission may issue an stantially liquidated. dated, will apply the net proceeds thereof export license authorizing the export of Now, therefore, under authority of the to the purposes and with priorities spec­ ified by paragraphs (a), (b), and (c) the reactor to West Germany. Trading With the Enemy Act, as In its review of applications solely to amended, and Executive Orders 9095, as hereof, and will retain any remaining authorize the export of production or amended, and 9788, and pursuant to law, balance as a liquidating distribution of assets to the sole stockholder; and utilization facilities, the Commission the undersigned, after investigation: does not evaluate the health and safety 1. Finding that the assets of the Com­ Further orders, That nothing herein set forth shall be construed as prejudic­ characteristics of the subject reactor. pany, after write-off of uncollectible In accordance with the procedures set items, consist of cash in the amount of ing the rights under the Trading with the Enemy Act, as amended, of any person forth in the Commission’s rules of prac­ $18,988.99 and are insufficient to pay in tice (10 CFR Part 2) a petition for leave full its liabilities listed below; and who may have a claim against the Com­ pany to file such claim with the Attorney to intervene in these proceedings must be 2. Finding that the claims of all known General against any assets or property served upon the parties .and filed with creditors of the Company have been received by the Attorney General here­ the Atomic Energy Commission within paid except: y under; Provided, however, That nothing 30 days after the filing of this notice (a) The aforesaid vested obligation herein contained shall be construed as with the Federal Register Division. due the Attorney General in the amount creating additional rights in such per­ A copy of the application and amend­ of $99,917.14; son; Provided further, That any such ment is on file in the AEC Public Docu­ (b) Account payable to Butter & Sil­ claim against said Company shall be filed ment Room located at 1717 H Street verman, Attorneys at Law, 291 Broad­ with or presented to the Attorney Gen­ NW., Washington, D.C. way, New York 7, New York, in the eral within the time and in the form and Dated at Germantown, Md., this 15th amount of $350.00; manner prescribed for such claims by day of July 1959. (c) Account payable to Harry Feld­ the Trading with the Enemy Act, as For the Atomic Energy Commission. man, Certified Public Accountant, 11 amended, and applicable regulations'and West 42d Street, New York, New York, orders issued pursuant thereto; and R. L. Kirk, in the amount of $200.00; Further orders, That all actions taken Deputy Director, Division of (d) Account payable to New York Licensing and Regulation. Telephone Co. (E. Newton Wellington, and acts done by the officers and direc­ Attorney, 104 Broad Street, New York 4, tors Of the Company pursuant to this [F.R. Doc. 59-5981; Filed, July 21, 1959; N.Y.) in the amount of $15.72; Order and the directions contained 8:45 a.m.] Wednesday, July 22, 1959 FEDERAL REGISTER 5859 The Hearing Examiner having under A prehearing conference in the above- FEDERAL AVIATION AGENCY consideration oral request of William entitled matter having been held on July [Arndt. 27] Parmer Fuller, III, for the advancement 14, 1959, and it appearing that certain of the hearing herein; agreements were reached therein which ORGANIZATIONS AND FUNCTIONS It appearing that all participating properly should be formalized in an Establishment of New Aircraft - parties have consented to a grant of the Order; request; It is ordered, This 16th day of July Engineering District Offices It is ordered, This 15th day of July 1959, that: In accordance with the public infor­ 1959, that the request is granted, and the (1) The affirmative case of the appli­ mation requirements of the Administra­ hearing scheduled herein for Septem­ cant and the rebuttal case of the respon­ tive Procedure Act, section 22(b) of the ber 11, 1959, is advanced to July 31,1959, dent (if any) shall be presented by writ­ Organizations and Functions of the at 10:00 a.m. ten, sworn exhibits; Federal Aviation Agency as published on Released: July 15,1959. (2) The applicant shall make a pre­ December 24, 1957 (22 F.R. 10499), is liminary exchange of its exhibits with amended to add Aircraft Engineering F ederal Communications the other parties herein on August 21, District Offices located as follows to the Commission, 1959; list of such offices for Region 2 : [seal] Mary J ane M orris, (3) The applicant and respondent Secretary. 1. Marietta, Georgia, mailing address: shall make an exchange of their respec­ c/o Lockheed Aircraft Corporation, Georgia [F.R. Doc. 59-6029; Filed, July 21, 1959; tive exhibit in final form (with copies to Division, Marietta, Georgia. 8:57 a.m.] be supplied to counsel for the Broadcast 2. International Airport, mailing address: Bureau and the Hearing Examiner) on International Airport, San Antonio 9, Texas. September 9, 1959; and Issued in Washington, D.C., on July 15, [Docket No. 12777; FCC 59M-909] It is further ordered, That the hearing in this proceeding heretofore scheduled 1959. SEASIDE BROADCASTING CO. Alan L. Dean, to commence on September 3, 1959, is Acting Administrator. Order Scheduling Hearing continued to Wednesday, September 16, 1959, a t '9:30 a.m., in the offices of the [F.R. Doc. 59-6011; Filed, July 21, 1959; In re application of Ronald L. Rule, Commission, Washington, D.C. 8:49 a.m.] James L. Dennon and Seldon Mason, d/b as Seaside Broadcasting Company, Sea­ Released: J uly 16, 1959. side, Oregon, Docket No. 12777, File No. F ederal Communications FEDERAL COMMUNICATIONS BP-11200; for construction permit. Commission, The Hearing Examiner having under [seal] M ary J ane M orris, ~ COMMISSION consideration the motion of Seattle, Secretary. Portland and Spokane Radio made at the [F.R. Doc. 59-6031; Filed, July 21, 1959; [Docket No. 12879; FCC 59M-897] prehearing conference held in the above- 8:51 a.m.] entitled proceeding on July 13, 1959, to •FREDERIC C. DOUGHTY rule applicant Seaside Broadcasting Order Continuing Hearing Company in default for failure to attend [Docket No. 12813; FCC 59M-903] said conference, close the record, and In the matter of Frederic C. Doughty, issue an initial decision denying the ap­ SOUTHBAY BROADCASTERS Springfield, Pennsylvania, Docket No. plication; 12879; suspension of Amateur Radio It appearing, that Seaside Broadcast­ Order Continuing Hearing Operator License (W3PHL). ing Company is represented by counsel On the Hearing Examiner’s own mo­ In re application of Burr Stalnaker, having offices in Portland, Oregon; and John B. Stodelle and Melva G. Chernoff, tion: it is ordered, This 14th day of July It further appearing, that, the pro­ 1959, that the hearing in this proceeding d/b, as Southbay Broadcasters, Chula ceeding involving a single applicant and Vista, California, Docket No. 12813, File heretofore scheduled for July 24, 1959, intervenor, the failure herein is not suf­ is postponed to Tuesday, September 29, No. BP-11469; for construction permit ficiently disruptive to orderly disposition for a new standard broadcast station. 1959, at 10:00 a.m., in the offices of the of the proceeding to warrant invoking Commission, Washington, D.C.1 The Hearing Examiner having under the sanction of default if it be assumed consideration the petition for contin­ Released: July 15, 1959. said motion would properly lie at this uance of procedural dates filed in the point in the proceeding; F ederal Communications above-entitled proceeding on July 13, It is ordered, This 15th day of July 1959, by Southbay Broadcasters; Commission, 1959 that the said motion to rule appli­ [seal] Mary J ane M orris, It appearing that pursuant to the Secretary. cant in default is denied; order released herein on June 11, 1959, It is further ordered, That hearing the direct case of Southbay Broadcasters [F.R. Doc. 59-6028; Filed, July 21, 1959; herein is scheduled to commence on July was to be supplied the other parties and 8:51 a.m.] 30,1959, at 10:00 a.m. in the offices of the the Hearing Examiner on or before July Commission, Washington, D.C. 13, 1959; the direct affirmative or re­ Released: July 16,1959. buttal evidence of KFWB Broadcasting Company was to be supplied the other [Docket No. 12860 etc.; FCC 59M-904] F ederal Communications parties and the Examiner on or before WILLIAM PARMER FULLER, III, ET AL. Commission, July 20, 1959; notification of witnesses , [seal] Mary J ane M orris, for cross-examination was to be given Order Advancing Hearing Date Secretary. on or before July 23,1959; and the hear­ In re applications of William Parmer [FR. Doc. 59-6030; Filed, July 21, 1959; ing was scheduled to commence on July Fuller, m , Salt Lake City, Utah, Docket 8:51 a.m.] 27,1959, which dates tbe instant petition No. 12860, File No. BP-11727; James C. requests be continued as specified in the Rallentine, tr/as Kanab Broadcasting said petition; Co., Kanab, Utah, Docket No. 1*2861, [Docket No. 12897; FCC 59M-912]. It further appearing that all parties File No. BP-11813; Cache Valley Broad­ to the proceeding have consented to im­ casting Company (KVNU), Logan, Utah, SHERRILL C. CORWIN (KFMC) mediate consideration and grant of the Docket No. 12863, File No. BP-12017; for Order Following Prehearing said petition and good cause for a grant construction permit.^, Conference thereof has been shown in that addi­ tional time is required for the making . instant order does not affect respond- In re application of Sherrill C. Corwin of field intensity measurements; th»8 ,pending request for the transfer of (KFMC); Santa Barbara, California, It is ordered, This 14th day of July sviv * °f hearinS to Philadelphia, Penn- Docket No. 12897, File No. BMPH-5408; 1959 that the petition for continuance of y ania, which request is a matter for con- for modification of construction permit procedural dates is granted and the dates Qeration by the Chief Hearing Examiner. for FM broadcast station. for exchange of applicant’s direct case, 5860 NOTICES ior exchange of respondent’s direct af­ rials Stock Piling Act, 53 Stat. 811, as No. MC119055, filed November 28,1958. firmative or rebuttal evidence, and for amended, 50 U.S.C. 98b (e), notice is Applicant: DAVE BYER, doing business notification of witnesses for cross- hereby given of a proposed disposition as DAVE BYER FRUIT XPRESS, 201 examination are continued to September of approximately 165,273 pounds of zinc West 24th, Hutchinson, Kans. Grand­ 15, 1959; September 22, 1959; and Sep­ oxide pellets now held in the national father authority sought under section 7 tember 25, 1959, respectively; stockpile. of the Transportation Act of 1958 to con­ It is further ordered, That the hearing The Office of Civil and Defense Mobili­ tinue to operate as a common carrier, by presently scheduled for July 27, 1959 is zation has made a revised determination, motor vehicle, over irregular routes, continued to September 29, 1959, com­ pursuant to section 2(a) of the Strategic transporting: Frozen fruits, frozen "ber­ mencing at 10:00 a.m. and Critical Materials Stock Piling Act, ries, frozen vegetables, and bananas, in that, because of obsolescence of said pel­ straight and in mixed loads with certain Released: July 15, 1959. lets for use in time of war, there is no exempt commodities, from Galveston, F ederal Communications longer any need for stockpiling said Tex., New Orleans, La., Mobile, Ala., Commission, material. Miami, Fla., and Alamosa, Colo., to [seal! M ary J ane Morris, GSA proposes to offer said zinc oxide Wichita, Pittsburg, Coffeyville, and Secretary. pellets for sale on a competitive basis. It Topeka, Kans., Kansas City and Spring- [F.R. Doc. 59-6032; Filed, July 21, 1959; is proposed to offer the entire quantity for field, Mo, Denver and Billings, Mont., 8:51 a.m.] sale at one time since the quantity is Oklahoma City, Okla., and Carter, Tex. very small in relation to domestic con­ By the Commission.* sumption. [Docket No. 11997; FCC 59-714] This plan of disposition has been fixed [seal] H arold D. McCoy, with due regard to the protection of pro­ Secretary. ALLOCATION OF CERTAIN FREQUEN­ ducers, processors, and consumers [F.R. Doc. - 59-5998; Filed, July 21,- 1959; CIES TO NON-GOVERNMENT against avoidable disruption of their 8:47 a.m.] SERVICES usual markets as well as the protection of the United States against avoidable Order Extending Time for Filing loss on disposal. Exhibits It is proposed to make the zinc oxide [Notice 93] pellets covered by this notice available for In the matter of statutory inquiry into MOTOR CARRIER ALTERNATE ROUTE the allocation of frequencies to the vari­ sale beginning six months after the date ous non-governmental services in the of publication of this notice in the F ed­ DEVIATION NOTICES eral R egister. radio spectrum between 25 Me and 890 J uly 17, 1959. Me; Docket No. 11997. Dated: July 16,1959. The following letter-notices of pro­ At a session of the Federal Communi­ F ranklin F loete, posals to operate over deviation routes cations Commission held at its offices in Administrator of General Services. for operating convenience only with Washington, D.C. on the 15th day of service at intermediate points have been July 1959. [F.R. Doc. 59-6005; Filed, July 21, 1959; filed with the Interstate Commerce Com­ The Commission having before it for 8:47 a.m.] mission, under the Commission’s Devia­ consideration, requests for extension of tion Rules Revised, 1957 (49 CFR 211.1 time in which to file exhibits in the above (c) (8) ) and notice thereof to all inter­ referenced docket by the National Com­ INTERSTATE COMMERCE ested persons is hereby given as provided mittee for Utilities Radio and the As­ in such rules (49 CFR 211.1(d) (4) ). sociation of American Railroads, the COMMISSION Protests against the use of any pro­ latter association requesting an exten­ posed deviation route herein described sion of time to September 1, 1959, in [Notice 26] may be filed with the Interstate Com­ which to file its reserved exhibit: merce Commission in the manner and It appearing that the Commission de­ APPLICATIONS FOR MOTOR CARRIER form provided in such rules (49 CFR sires to have the exhibits to be received “GRANDFATHER” CERTIFICATE OR 211.1 (e) ) at any time but will not operate in this proceeding in their most complete PERMIT to stay commencement of the proposed and useful form; It further appearing that the request J uly 17, 1959. operations unless filed within 30 days appears to be reasonable and would aid The following applications and certain from the date of publication. ^ other procedural matters relating thereto Successively filed letter-notices of the the Commission in its deliberations in same carrier under the Commission’s this matter and that an extension of are filed under the “grandfather” clause time is considered necessary and would of section 7 of the Transportation Act Deviation Rules Revised, 1957, will be of 1958. These matters are governed by numbered consecutively for convenience be in the public interest; in identification and protests if any It is ordered, That the request for an special rule § 1.243 published in the F ed­ extension Of time to September 1, 1959, eral R egister issue of January 8, 1959, should refer to such letter-notices by in which to file exhibits in the subject page 205, which provides, among other number. docket is granted. things, that this publication constitutes M otor Carriers of P roperty the only notice to interested persons of Released: July 17, 1959. filing that will be given; that appropriate No. MC 986 (Deviation * No. 2), F ederal Communications protests to an application (consisting of KANSAS-NEBRASKA EXPRESS, INC., Commission, an original and six copies each) must be 1229 Vk Union Avenue, Kansas City 1. [seal] Mary J ane Morris, filed with the Commission at Washing­ Mo., filed July 9, 1959. Attorney, Tom Secretary. ton, D.C., within 30 days from the date B. Kretsinger, 1014-18 Temple Building, of this publication in the F ederal R egis­ Kansas City 6, Mo. Carrier proposes to [F.R. Doc. 59-6028; Filed, July 21, 1959; operate as a common carrier, by motor 8:50 a.m.] ter; that failure to so file seasonably will be construed as a waiver of opposi­ vehicle, of general commodities, with tion and participation in such proceed­ certain exceptions, over a deviation ing, regardless of whether or not an route, as follows: from Kansas City, Mo., GENERAL SERVICES ADMINIS­ oral hearing is held in the matter; and over U.S. Highway 71 to junction City that a copy of the protest also shall be U.S. Highway 71, thence over City U.b. TRATION served upon applicant’s representative Highway 71 to junction U.S Highway 3», (or applicant, if no practitioner repre­ thence over U.S. Highway 36 to junction ZINC OXIDE PELLETS HELD IN senting him is named in the notice of U.S. Highway 73, and return over the NATIONAL STOCKPILE filing). same routes, for operating convenience These notices reflect the operations only, serving no intermediate points. Proposed Disposition described in the applications as filed on The notice indicates that the caT^}er..} Pursuant to the provisions of section or before the statutory date of Decem­ presently authorized to transport t 3(e) of the Strategic and Critical Mate­ ber 10, 1958. same commodities over the following Wednesday, July 22, 1959 FEDERAL REGISTER 5861 pertinent route: from Kansas City over way 177 to the Kansas Turnpike, thence Alaska. Applicant is authorized to con­ U.S. Highway 24 to junction U.S. High­ over the Kânsas Turnpike and access duct operations throughout the United way 73, thence over U.S. Highway 73 to routes to Kansas City, Mo., and return States. junction U.S. Highway 36, thence over over the same route, for operating con­ HEARING: September 15,1959, at the U.S. Highway 36 to points within a 15- venience only, serving no intermediate Offices of the Interstate Commerce Com­ mile radius of Morrowville, Kans., and points. The notice indicates that the mission, Washington, D.C., before Ex­ return over the same route. carrier is presently authorized to trans­ aminer Thomas J. Kilroy. No. MC 6945 (Deviation No. 2), THE port the same commodities over the fol­ No. MC 21120 (Sub No. 1), filed April NATIONAL TRANSIT CORPORATION, lowing pertinent authorized service 29, 1959. Applicant: PANTHER CART­ 1687 West Fort Street, Detroit. 16, Mich., route: from Oklahoma City over the AGE CO., 1041 Front Street, Cleveland filed July 6, 1959. Carrier proposes to Turner Turnpike to Tulsa, Okla., and 13, Ohio. Applicant’s attorney: Oliver operate as a common carrier, by motor thence over U.S. Highway 169 to Kansas H. Wolf, Jr., Leader Building, Cleveland, vehicle, of general commodities, with City, Mo., and return over the same route. Ohio. Authority sought to operate as a certain exceptions, over a deviation route, By the Commission. common carrier, by motor vehicle, over as follows: from Fostoria, Ohio, over irregular routes, transporting: General Ohio Highway 199 to junction U.S. High­ [seal] Harold D. M cCoy, commodities, except those of unusual way 20, thence over U.S. Highway 20 to Secretary. value, Class A and B explosives, house­ junction Ohio Highway 120, thence over [F.R. Doc. 59—5999; Filed, July 21, 1959; hold goods as defined by the Commis­ Ohio Highway 120 to junction U.S. High­ 8:47 a.m.] sion, commodities in bulk, and com­ way 24A, in,Toledo, Ohio, and return modities requiring special equipment, over the same route, for operating con­ (a) between points in Lake, Geauga, venience only, serving no intermediate [Notice 279] Summit, Medina, and Lorain Counties, points. The notice indicates that the Ohio, on the one hand, and, on the carrier is presently authorized to trans­ MOTOR CARRIER APPLICATIONS other, the Cleveland Hopkins Airport port the same commodities over pertinent J uly 17, 1959. located in Cuyahoga County, Ohio, (b) authorized service routes as follows: The following applications are gov­ Between Cleveland Hopkins Airport, on from Perrysburg, Ohio, over U.S. High­ erned by the Interstate Commerce Com­ the one hand, and, on the other, the way 23 to Marion, Ohio; and from mission’s special rules governing notice Akron Airport; Columbus Airport, and Toledo, Ohio, over U.S. Highway 23 to Dayton Airport. Applicant states all Perrysburg; and return over the same of filing of applications by motor car­ routes. riers of property or passengers or authority requested in (a) and (b) above brokers under sections 206, 209, and 211 is to be restricted to shipments having No. MC 13123 (DeviationNo. 5), WIL­ of the Interstate Commerce Act and cer­ a prior or subsequent movement by air­ SON FREIGHT FORWARDING CO., tain -other proceedings with respect craft. Applicant has filed Motion to 3636 Follett Avenue, Cincinnati 23, Ohio, thereto. Dismiss this application on the grounds filed July 6, 1959. Carrier proposes to All hearings will be called at 9:30 that the requested authority is within operate as a common carrier, by motor o’clock a.m., United States. standard the exemption provided in 49 U.S.C., vehicle, of general commodities, with time (or 9:30 o’clock a.m., local daylight section 303(b) (7a) respecting transpor­ certain exceptions, over two deviation tation of property by motor vehicle when routes, (A) from junction U.S. Highway saving time), unless otherwise specified. Applications Assigned for Oral H ear­ incidental to transportation by aircraft. 22 and New Jersey Highway 24 at or near Applicant is authorized to conduct Phillipsburg, N.J., over New Jersey High­ ing or P re-H earing Conference operations in Ohio. way 24 to junction U.S. Highway 46, MOTOR CARRIERS OF PROPERTY thence over U.S. Highway 46 to junction Note: Applicant states as follows: This is No. MC 4405 (Sub No. 328), filed April a pickup and delivery service for authorized New Jersey Highway 93, thence over New 30, 1959. Applicant: DEALERS TRANS­ air freight carriers and is supplementary to Jersey Highway 93 to junction U.S. High­ IT, INC., 12601 South Torrence Avenue, such transportation by aircraft. Applicant way 1, (B) from junction U.S. Highway Chicago 33, 111. Applicant’s attorney:1 will be paid out of revenues payable for 22 and New Jersey Highway 24 at or near James W. Wrape, Sterick Building, transportation by aircraft. All freight moves Phillipsburg,. N.J., over New Jersey High­ on airline bills of lading from or through way 24 to junction U.S. Highway 46, Memphis, Tenn. Authority sought to Cleveland Hopkins Airport to destination or thence over U.S. Highway 46 to junction operate as a common carrier, by motor from origin to or through Cleveland Hopkins New Jersey Highway 3, thence over New vehicle, over irregular routes,-transport­ Airport. Freight moves between the five ing : New trucks, and truck chassis, in county Ohio area and the Cleveland Hopkins Jersey Highway 3 to junction U.S. High­ initial movements, in truckaway and Airport. Movements between the four air­ way 1, and return over the same routes, driveaway service, from points in Wayne ports set forth in (b) above will be either by for operating convenience only, serving County, Ind., to points in the United air'xir motor vehicle whichever is more no intermediate points. The notice indi­ practical to * accomplish the particular cates that the carrier is presently au­ States, including the new State of movement. thorized to transport the same commod­ Alaska, and the District of Columbia. ities over the following pertinent routes: Applicant is authorized to conduct op­ » HEARING: September 10, 1959, at the from Phillipsburg, N.J., over U.S. High­ erations throughout the United States. New Post Office Building, Columbus, way 22 to junction U.S. Highway 1, 1HEARING: September 18, 1959, at the Ohio, before Joint Board No. 117, or, if thence over U.S. Highway 1 to junction U.S. Court Rooms, Indianapolis, Ind., the Joint Board waives its right to par­ New Jersey Highway 93; from Phillips- before Examiner Michael B. Driscoll. ticipate, before Examiner Michael B. ourg, N.J., oyer U.S. Highway 22 to junc- No. MC 4405 (Sub No. 331), filed June Driscoll. ri?n, U.S. Highway 1, thence over U.S. 10, 1959. Applicant: DEALERS TRANS­ No. MC 21623 (Sub No. 80) , filed June Highway 1 to junction New Jersey High­ IT, INC., 12601 South Torrence Avenue, 24, 1959. Applicant: W. J. DILLNER way 3; and return over the same routes. Chicago 33, HI. Applicant’s attorney: TRANSFER CO., 601 Melwood Street, 71478 (Deviation No. 5), THE James W. • Wrape, Sterick Building, Pittsburgh 13, Pa. Authority sought to FREIGHT LINES, COMPANY, Memphis, Tenn. Authority sought to operate as a common carrier, by motor I^9y2 Union Avenue, P.O. Box 4049, operate as a common carrier, by motor vehicle, over irregular routes, trans­ vehicle, over irregular routes, transport­ porting: Ferro alloys and alloying ioS10n A’ Kansas City, Mo., filed July 9, ing: (1) Trailers, semi-trailers, and metals, in bulk, in dump or other un­ in X,’ Attorney,TomB. Kretsinger, 1014- trailer and semi-trailer chassis, other p Temple Building, Kansas City 6, Mo. loading vehicles, loose or in packages on arner proposes to operate as a common than those designed to be drawn by pallets with or without standing sides, ky motor vehicle, of general com- passenger automobiles, in initial move­ or specially designed containers on flat oaities, with certain exceptions, over a ments by truckaway service, from bed or specially designed trailers, and eviation route, as follows: from Okla- Perkasie and Falls Township, Bucks empty containers used in the transpor­ County, Pa., to points in the United tation of the above commodities, (1) oma City, Okla., over Oklahoma High­ States, including Alaska; and (2) cargo between points in Pennsylvania west of way 74 to junction U.S. Highway 60, containers, from Trevose, Perkasie, and U.S. Highway 15, on the one hand, and, tt | n« -0ver UiSi Highway 60 to junction Falls Township, Bucks County, Pa., to on the other, points in Delaware, South­ U b* Highway 177, thence over U.S. High­ points in the United States, including ern Peninsula of Michigan, Ohio, New 5862 NOTICES York, New Jersey, and West Virginia; purposes. Applicant is authorized to erations in New Jersey, New York, and (2) between points in Ohio on the one conduct operations throughout the Pennsylvania. hand, and, on the other, points in West United States. HEARING: September 11, 1959, at 346 Virginia. Applicant is authorized to HEARING: September 25,1959, at the Broadway, New York, N.Y., before Ex­ conduct operations in Ohio, Pennsyl­ Federal Building, Room 712, Cincinnati, aminer Alton R. Smith. vania, West Virginia, New York, Michi­ Ohio, before Examiner Michael B. Dris­ No. MC 50069 (Sub No. 210), filed May gan, Delaware, New J e r s e y, and coll. 6.1959. Applicant: REFINERS TRANS­ Tennessee. No. MC 33448 (Sub No. 1), filed May PORT & TERMINAL CORPORATION, HEARING: September 29, 1959, at the 1, 1959. Applicant: PAUL’S DELIVERY 2111 Woodward Avenue, Detroit 1, Mich. Pulton Building, 101-115 Sixth Street, & TRUCKING CORP., 20 West 17th Authority sought to operate as a common Pittsburgh, Pa., before Examiner Alfred Street, New York, N.Y. Applicant’s carrier, by motor vehicle, over irregular B. Hurley. representative: Bert Collins, 140 Cedar routes, transporting: Liquid chemicals, No. MC 29886 (Sub No. 145), filed May Street, New York 6, N.Y. Authority in bulk, in tank vehicles, from Detroit 4, 1959. Applicant: DALLAS & MAVIS sought to operate as a common carrier, and Trenton, Mich., to points in Indiana, FORWARDING CO., INC., 4000 West by motor vehicle, over irregular routes, Illinois, and, Ohio. Applicant is author­ Sample Street, South Bend, Ind. Appli­ transporting: Wearing apparel, on hang­ ized to conduct operations in Connecti­ cant’s attorney: Charles M. Pieroni, 523 ers, and empty hangers, between Spring- cut, Delaware, Florida, Georgia, Illinois, Johnson Building, Muncie, Ind. Author­ field (Delaware County), Pa., and New Indiana, Iowa, Kansas, Kentucky, Maine, ity sought to operate as a common car­ York, N.Y. Applicant is authorized to Maryland, Massachusetts, Michigan, rier, by motor vehicle, over irregular conduct operations in Delaware, New Minnesota, Missouri, Nebraska, New routes, transporting: Equipment and Jersey, New York, and Pennsylvania. Hampshire, New Jersey, New York, North machinery used in the construction and HEARING: September 15, 1959, at 346 Dakota, Ohio, Oklahoma, Pennsylvania, maintenance of streets and highways, Broadway, New York, N.Y., before Ex­ Rhode Island, South Dakota, Tennessee, from the plant site of Littleford Bros., aminer Alton R. Smith. Vermont, Virginia, West Virginia, and Inc., in Cincinnati, Ohio, to points in the No. MC 44639 (Sub No. 9), filed April Wisconsin. United States, including Alaska, and on 27, 1959. Applicant: SAM MAITA, HEARING: September 16,1959, at the return, such of the above-described com­ IRVING LEVIN AND ABE LEVIN, a U.S. Custom Building, 100 West Larned modities which are being returned to said Partnership, doing business as L. & Street, Detroit, Mich., before Examiner plant for repair or reconditioning, or M. EXPRESS CO., 220 Ridge Road, Alfred B. Hurley. which are used for shows or advertising Lyndhurst, N.J. Applicant’s attorney: No. MC 52657 (Sub No. 559), filed purposes. Applicant is , authorized to Herman B. J. Weckstein, 1060 Broad June 10, 1959. Applicant: ARCO AUTO conduct operations throughout the Street, Newark 2, N.J. Authority sought CARRIERS, INC., 7530 South Western United States. to operate as a common carrier, by motor Avenue, Chicago 20, HI. Applicant’s at­ HEARING: September 28, 1959, at the vehicle, over irregular routes, transport­ torney: Glenn W. Stephens, 121 West Federal Building, Room 712, Cincinnati, ing: Materials and supplies used in the Doty Street, Madison, Wis. Authority Ohio, before Examiner Michael B. manufacture of wearing apparel, and sought to operate as a common carrier, Driscoll. wearing apparel, on hangars, between by motor vehicle, over irregular routes, No. MC 29886 (Sub. No. 149), filed May New York, N.Y., on the one hand, and, transporting: (1) Trailers, semi-trailers, 7, 1959. Applicant: DALLAS & MAVIS on the other, Bedford, Roanoke, and and trailer and semi-trailer chassis FORWARDING CO., INC., 4000 West New Castle, Va. Applicant is authorized (other than those designed to be drawn Sample Street, South Bend, Ind. Appli­ to conduct similar operations from and by passenger automobiles), in initial cant’s attorney: Charles M. Pieroni, 523 to specified points in New York, New Jer­ movements, irr truckaway and driveaway Johnson Building, Muncie, Ind.r Author­ sey, Virginia, and Maryland. service, from points in Snyder County, ity sought to operate as a common HEARING: September 14, 1959, at 346 Pa., to points in the United States; (2) carrier, by motor vehicle, over irregular Broadway, New York, N.Y., before Ex­ truck tractors, in secondary movements, routes, transporting: Rollers and ma-- aminer Alton R. Smith. in driveaway service, only when drawing chinery and equipment used in the con­ No. MC 48386 (Sub No. 8), filed May trailers in initial driveaway service, from struction and maintenance of streets and 6, 1959. Applicant: HERBERT points in Snyder County, Pa., to points highways, from Springfield, Ohio, to GRAVER, CLAIR GRAVER, CARL in Alabama, Alaska, Arizona, Arkansas, points in the United States, including GRAVER AND JOHN GRAVER, doing California, Colorado, Georgia, Idaho, Alaska, and on return, such of the above- business GRAVER TRUCKING, 1007 Kansas, Louisiana, Maine, Mississippi, described commodities which are being North 9th Street., Stroudsburg, Pa. Ap­ Montana, Nevada, New Hampshire, New returned to Springfield for repair or plicant’s attorney: Herman B. J. Weck­ Mexico, North Dakota, Oklahoma, Ore­ reconditioning, and which are used for stein, 1060 Broad Street, Newark 2, N.J. gon, South Carolina, Tennessee, Texas, advertising or display purposes. Appli­ Authority sought to operate as a common Utah, Vermont, Washington, Wyoming, cant is authorized to conduct operations carrier, by motor vehicle, over irregular and the District of Columbia; (3) Con­ throughout the United States. routes, transporting: Fertilizer, from tainers, cargo containers, cargo container HEARING: September 24, 1959, at points in New Jersey, other than Car­ bodies, cargo container boxes, and truck Room 712, Federal Building, Cincinnati, teret, N.J., to points in Pennsylvania and trailer bodies, from points in Snyder Ohio, before Examiner Michael B. bounded by a line beginning at the inter­ County, Pa., to points in the United Driscoll. section of the Pennsylvania-Maryland States. Applicant is authorized to con­ No. MC 29886 (Sub No. 150), filed May State line and U.S. Highway 15 and ex­ duct operations throughout the United 7, 1959. Applicant: DALLAS & MAVIS tending along U.S. Highway 15 to its States. FORWARDING CO., INC., 4000 West intersection with the Pennsylvania-New HEARING: September 18, 1959, at the Sample Street, South Bend, Ind. Appli­ York State line, thence east along the Offices of the Interstate Commerce Com­ cant’s attorney: Charles M. Pieroni, Pennsylvania-New York State line to the mission, Washington, D.C., before Exam­ 523 Johnson Building, Muncie, Ind. Au­ intersection with U.S. Highway 11, iner Thomas J. Kilroy. thority sought to operate as a common thence south along U.S. Highway 11 to No. MC 52657 (Sub No. 560), filed June carrier, by motor vehicle, over irregular Northumberland, Pa., thence along 10.1959. Applicant: ARCO AUTO CAR­ routes, transporting: Cement mixers, Pennsylvania Highway 14 to Sunbury, RIERS, INC., 7530 South Western Ave­ compressors, pumps, and machinery Pa., thence along U.S. Highway 122 to nue, Chicago 20, 111. Applicant’s attor­ and equipment used in the construction Oxford, Pa., and thence along U.S. High­ ney: Glenn W. Stephens, 121 West Doty Street, Madison, Wis. Authority sought of streets and highways, from the plant way 1 to the Pennsylvania-Maryland site of Jaeger Machine Company in Co­ to operate as a common carrier, by motor lumbus, Ohio, to points in the United State line, thence along the Pennsyl­ vehicle, over irregular routes, transport­ States, including Alaska, and on return, vania-Maryland State line to the inter­ ing: Containers, cargo containers, cargo such of the above-described commodi­ section with U.S. Highway 15, the point container bodies, cargo container boxes, ties which are being returned to said of beginning, including points on the truck bodies, trailer bodies, and the plant for repair or reconditioning, and indicated portion of U.S. Highway 15. truckaway of trucks and fire engines, va which are used for shows or advertising Applicant is authorized to conduct op­ initial movements, from points in Che- Wednesday, July 22, 1959 FEDERAL REGISTER 5863 mung County, N.Y., to points in the Avenue, Chicago 20, HI. Applicant’s a t­ No. MC 59759 (Sub No. 11), filed United States including Alaska. Ap­ torney: G. W. Stephens, 121 West Doty April 23, 1959. Applicant: FOOD plicant is authorized to conduct opera­ Street, Madison, Wis. Authority sought PRODUCTS TRUCKING CO., a Cor­ tions throughout the United States. to operate as a common carrier, by mo­ poration, 500 West Edgar Road, Linden, HEARING: September 17, 1959, at the tor vehicle, over irregular routes, trans­ N.J. Applicant’s representative: Bert Offices of the Interstate Commerce Com­ porting: Truck cabs, from points in tfie Collins, 140 Cedar Street, New York 6, mission, Washington, D.C., before Ex­ Cincinnati, Ohio Commercial Zone, as N.Y. Authority sought to operate as a aminer Thomas J. Kilroy. defined by the Commission, to points in contract carrier, by motor vehicle, over No. MC 52657 (Sub No. 561), filed June the United States, including Alaska. irregular routes, transporting: Such 10,1959. Applicant: ARCO AUTO CAR­ Applicant is authorized to conduct op­ merchandise as is dealt in by wholesale, RIERS, INC., 7530 South Western Ave­ erations throughout the United States. retail and chain grocery arid food busi­ nue, Chicago 20, HI. Applicant’s at­ HEARING: September 30, 1959, at ness houses, except liquids in bulk, in torney: Glenn W. Stephens, 121 West Room 712, Federal Building, Cincinnati, tank vehicles, from New York, N.Y., to Doty Street, Madison, Wis. Authority Ohio, before Examiner Michael B. points in New Jersey on and north of sought to operate as a common carrier, Driscoll. New Jersey Highway 33 (except those in by motor vehicle, over irregular routes, No. MC 55811 (Sub No. 52), filed June a territory in eastern New Jersey transporting: Materials handling equip­ 15, 1959. Applicant: CRAIG TRUCK­ bounded by a line beginning at Barnegat ment, including mobile cranes, fork ING, INC., Albany, Ind. Applicant’s at­ Inlet, N.J., and extending in a north­ trucks, winches, hoists, car pulllers, and torney: Howell Ellis, 520 Illinois Build­ westerly direction across Barnegat Bay straddle crane vehicles, and parts and ing, Indianapolis, Ind. Authority sought and through Forked River, N.J., to Lake- attachments of same when accompany­ to operate as a common carrier, by motor hurst, N.J., thence north through Eng- ing shipment, from Brooklyn, N.Y., and vehicle, over irregular routes, transport­ lishtown and Spotswood, N.J., to New Milford, Conn., to points in the United ing: General commodities, except those Brunswick, N.J., thence in a northwest­ States, including Alaska. Applicant is of unusual value, Class A and B explo­ erly direction through Raritan and Clin­ authorized to conduct operations sives, household goods as defined by the ton, N.J., to Washington, N.J., thence throughout the United States. Commission, and commodities requiring east to Stirling, N.J., thence in a north­ HEARING: September 16, 1959, at the special equipment, between Fremont, easterly direction along the western Offices of the Interstate Commerce Com­ Mich., and points in Indiana, Illinois, boundary lines of Union and Essex Coun­ mission, Washington, D.C., before Ex­ Ohio, points in Iowa within ten miles of ties, N.J., to the Essex-Morris-Passaic aminer Thomas J. Kilroy. the Illinois-Iowa State line, points in Counties, N.J. lines at a point two miles No. MC 52657 (Sub No. 563), filed Missouri within ten miles of the Mis­ north of Fairfield, N.J., thence in a June 15, 1959. Applicant: ARCO AUTO souri-Illinois State line, including points southeasterly direction through Lynd- CARRIERS, INC., 7530 South Western in St. Louis County, Mo., points in Ken­ hurst, N.J., to Hoboken, N.J., and thence Avenue, Chicago 20, 111. Applicant’s at­ tucky within ten miles of the Kentucky- south along all east bay and river shores torney: Glenn W. Stephens, 121 West Illinois State line, the Kentucky-Indi­ and along the Atlantic Coast to Barnegat Doty Street, Madison, Wis. Authority ana State line and the Kentucky-Ohio Inlet, N.J.), and points in Middlesex, sought to operate as a common carrier, State line, including points in Jefferson New Haven, and New London Counties, by motor vehicle, over irregular routes, County, Ky., points in West Virginia Conn. Applicant is authorized to con­ transporting: Cement mixers, compres­ within ten miles of the West Virginia- duct operations in New York, New Jer­ sors, pumps, concrete finishing ma­ Ohio State line, and points in Pennsyl­ sey, Connecticut, Maryland, Delaware, chines, concrete spreaders, aggregate vania within ten miles of the Pennsyl- and Pennsylvania. spreaders, finishing floats, and machin­ vania-Ohio State line, including points Note: Applicant states th at the above ery and equipment used in the construc­ in Allegheny, Beaver, Butler, Lawrence, transportation will be under contract with tion of streets and highways, from the Mercer, and Washington Countiës, Pa., persons who operate retail stores, the busi­ plant site of the Jaeger Machinery Com­ and Jeannette, Schenley, and South ness of which is the „sale of food. pany, Columbus, Ohio, to points in the Connellsville, Pa. and points within ten United .States, including Alaska, and on miles thereof. Applicant is authorized HEARING: September 16, 1959, at return, such of the above-described to conduct operations in Indiana, Mich­ 346 Broadway, New York, N.Y., before commodities which are being returned igan, Kentucky, Missouri, Pennsylvania, Examiner Alton R. Smith. to said plant for repair or recondition­ Illinois, Ohio, Iowa, Wisconsin, and West * No. MC 66753 (Sub No. 1), filed June ing, and which are used for shows or Virginia. 5, 1959. Applicant: CHAIN HAULAGE, advertising purposes. Applicant is au­ INC., 160 Washington Street, Brighton Note:.Applicant states any duplication of. District, Boston, Mass. Applicant’s at­ thorized to conduct operations through­ authority will constitute only one authority. out the United States. torney: Mary E. Kelley, 10 Tremont HEARING: September 25, 1959, at HEARING: September 11, 1959, at the Street, Boston 8, Mass. Authority Room 712, Federal Building, Cincinnati, Olds Hotel, Lansing, Mich., before Ex­ sought to operate as a contract carrier, Ohio, before Examiner Michael B. aminer Alfred B. Hurley. by motor vehicle, over irregular routes, Driscoll. No. MC 56213 (Sub No. 6), filed June transporting: Such merchandise as is No. MC 52657 (Sub No. 564), filed 15, 1959. Applicant: WILLIAM H. dealt in by wholesale, retail and chain June 17, 1959. Applicant: ARCO AUTO BRILLHART, doing business as H & B grocery and food business houses, and CARRIERS, INC., 7530 South Western TRUCKING COMPANY, Codorus, Pa. in connection therewith equipment, ma­ Avenue, Chicago 20, HI. Applicant’s at­ Applicant’s representative: John W. terials and supplies used in the conduct torney: G. W. Stephens, 121 West Doty Frame, 603 North Front Street, Harris­ of such business, between Norwood and Street, Madison, Wis." Authority sought burg, Pa. Authority sought to operate Boston, Mass., on the one hand, and, on to operate as a common carrier, by mo­ as a common carrier, by motor vehicle, the other, points in Maine, New Hamp­ tor vehicle, over irregular routes, trans­ over irregular routes, transporting: Food shire, Vermont, Massachusetts, Rhode porting: Equipment and machinery products, from Spring Grove and Co­ Island, Connecticut, and those in West­ used in the construction and mainte­ dorus, Pa., to points in Illinois, Indiana, chester County, N.Y. Applicant is au­ nance of streets and highways, from the Michigan, and Ohio, and rejected, re­ thorized to conduct operations in Ver­ Plant site of Littleford Bros., Inc., in mont, Massachusetts, Connecticut, New fused or damaged shipments of food Hampshire, New York, and Rhode Island. yjncmnati, Ohio, to points in the United products, on return. Applicants au­ otates, including Alaska. Applicant is Note: Duplication should be eliminated. uthonzed to conduct operations thorized to conduct operations in Penn­ throughout the United States. sylvania, New Jersey, Delaware, Mary­ HEARING: September 29, 1959, at REARING: September 28, 1959, at land, New York, the District of Columbia, the New Post Office and Court House Koom 712, Federal Building, Cincinnati, West Virginia, Massachusetts, Connecti­ Building, Boston, Mass., before Exami­ Drisc nbefore Examiner Michael B. cut, and Rhode Island. ner Alton R. Smith. HEARING: September 2, 1959, at the No. MC 67646 (Sub No. 51), filed May W ni® ?- 52657 (Sub No. 565), filed Offices of the Interstate Commerce Com­ 18, 1959. Applicant: HALL’S MOTOR r S i i 959, Applicant: ARCO AUTO mission, Washington, D.C., before Ex­ TRANSIT COMPANY, a Corporation, carriers, INC.. 7530 South Western aminer David Waters. Fifth and Vine Streets, Box 738, Sun- 5864 NOTICES bury, Pa. Applicant’s attorney: John N ote: A proceeding has been instituted vehicle, over irregular routes, transport­ under section 212(c) of the Interstate Com­ ing: Frozen foods, from Saugatuck, E. Fullerton, 131 State Street, Harris­ merce Act to determine whether applicant’s burg, Pa. Authority sought to operate status is that of a contract or common car­ Mich., to points in Alabama, Florida, as a common carrier, by motor vehicle, rier, assigned Docket No. MC 82336 (Sub No. Georgia, Louisiana, Mississippi, and transporting: General commodities, ex­ 18). South Carolina. Applicant is authorized cept those of unusual value, Class A and to conduct operations in Alabama, Ari­ B explosives, household goods as defined HEARING: September 10,1959, at the zona, Arkansas, California, Connecticut, by the Commission, commodities in bulk, New Post Office Building, Columbus, Delaware, Florida, Georgia, Illinois, In­ and those requiring special equipment, Ohio, before Examiner Michael B. diana, Iowa, Kansas, Kentucky, Lou­ serving Tamarack, Clinton County, Pa., Driscoll. isiana, Maine, Maryland, Massachusetts, and points within six (6) miles thereof, No. MC 83539 (Sub No. 52), filed July Michigan, Minnesota, Mississippi, Mis­ as off-route points in connection with 13, 1959. Applicant: C & H TRANS­ souri, Nebraska, New Jersey, New Mexico, applicant’s authorized regular route op­ PORTATION CO., INC., 1935 West Com­ New York, North Carolina, Ohio, Okla­ erations between Lock Haven, Pa., and merce Street, P.O. Box 5976, Dallas, Tex. homa, Pennsylvania, Rhode Island, Du Bois, Pa; Applicant is authorized Applicant’s attorney: W. T. Brunson, South Carolina, South Dakota, Tennes­ to conduct operations in Connecticut, Leonhardt Building, Oklahoma City, see, Texas, Virginia, West Virginia, Wis­ Delaware, Maryland, New Jersey, New Okla. Authority sought to operate as a consin, and tiie District of Columbia. York, Ohio, Pennsylvania, and the Dis­ common carrier, bym otor vehicle, over HEARING: September 23, 1959, at the trict of Columbia. irregular routes, transporting: Missiles, U.S. Custom Building., 100 West Lamed HEARING: September 16, 1959, at 346 space vehicles, space satellites, and parts Street, Detroit, Mich., before Examiner Broadway, New York, N.Y., before Ex­ thereof requiring special equipment for Alfred B. Hurley. aminer Alton R. Smith. their transportation, equipment and No. MC 96448 (Sub No. 5), filed May No. MC 76478 (Sub No. 3), filed June 8, parts of such missiles, space vehicles and 18, 1959. Applicant: BROOK LEDGE, 1959. Applicant: CHESTER CAR­ satellites and mobile launching guid­ INC., 210 Main Street, Hackensack, N.J. RIERS, INC., East Petersburg, Pa. Ap­ ance, monitoring, and control units, Applicant’s representative: Bert Collins, plicant’s representative: Bernard N. when such equipment, parts and units 140 Cedar Street, New York 6, N.Y. Ap­ Gingerich, Quarryville, Pa. Authority are incidental to, and transported in plicant’s attorney: Morton E. Kiel, 140 sought to operate as a common carrier, connection with such missiles, space Cedar Street, New York 6, N.Y. Author­ by motor vehicle, over irregular routes, vehicles, or satellites, and the re­ ity sought to operate as a common car­ transporting: (1) Commodities in so turn of shipper-owned or Government- rier, by motor vehicle, over irregular called mixer trucks where commodities owned trailers which have been used in routes, transporting: Horses (other than are mixed or agitated in transit, be­ the out-bound transportation of the ordinary livestock), and equipment and tween points in New Jersey, Delaware, foregoing commodities, between points in paraphernalia incidental to the trans­ and those in Berks, Bucks, Philadelphia, San Diego County, Calif., and Patrick portation, care, and display of such Delaware, Chester, Montgomery, Lan­ Air Force Base, Cape Canaveral, Fla. horses, between points in Connecticut, caster, Lebanon, Dauphin, and Perry Applicant is authorized to conduct op­ Indiana, Maine, Massachusetts, New Counties, Pa., and those in Cecil, Kent, erations in Arkansas, Colorado, Illinois, Hampshire, New Jersey, New York, Ohio, Queen Annes, Talbot, Harford, and Car­ Indiana, Iowa, Kansas, Kentucky, Lou­ Pennsylvania, Rhode Island, and Ver­ oline Counties, Md.; (2) Stone and soil isiana, Michigan, Minnesota, Mississippi, mont, on the one hand, and, on the or earth, in bulk, (a) from points in Lan­ Missouri, Montana, Nebraska, Nevada, other, points in Maine, New Hampshire caster and Berks Counties, Pa., to points New Jersey, New Mexico, New York, and Vermont. Between points 4n Con­ in Delaware, New Jersey, and those in North Dakota, Ohio, Oklahoma, Oregon, necticut, Indiana, Massachusetts, New Cecil, Kent, Queen Annes, Talbot, Har­ Pennsylvania, South Dakota, Tennessee, Jersey, New York, and Rhode Island. Texas, Utah, Washington, West Virginia, ford, and Caroline Counties, Md., (b) N ote: Applicant states it now holds au­ from points in East Cain Township, Wisconsin, and Wyoming. thority between all of the points applied Chester County, Pa., to points in Harford HEARING: July 28,1959,'at the Offices for, and that the purpose of the application County, Md.; (3) Sand, in bulk, from of the Interstate Commerce Commission, is to clarify the description in the operating points in Cecil County, Md., to points in Washington, D.C., before Examiner rights now held, in order to secure a uniform Bucks, Berks, Philadelphia, Delaware, Frank R. Saltzman. commodity description in all the authority Montgomery, Lancaster, Lebanon, Dau­ No. MC 87523 (Sub No. 76), filed June presently held. Applicant is authorized to 8, 1959. Applicant: FRANK COS­ conduct operations in Connecticut, Delaware, phin, and Perry Counties, Pa., and those Indiana, Kentucky, Maine, Maryland, Massa­ in Delaware and New Jersey; (4) Sand, GROVE TRANSPORTATION COM­ chusetts, New Hampshire, New Jersey, New in bulk, from points in Delaware and New PANY, INC., 393 Mystic Avenue, Med­ York, Ohio, Pennsylvania, Rhode Island, Ver­ Jersey to points in Berks. County, Pa. ford, Mass. Applicant’s attorney: Mary mont, Virginia, West Virginia, and the Dis­ Applicant is authorized to conduct op­ E. Kelley, 10 Tremont Street, Boston 8, trict of Columbia. erations in Pennsylvania, New Jersey, Mass. Authority sought to operate as a HEARING: September 18, 1959, at 346 Delaware, and Maryland. common carrier, by motor vehicle, over irregular routes, transporting: Liquid Broadway, New York, N.Y., before Exam­ HEARING: September 1, 1959, at the iner Alton R. Smith. Offices of the Interstate Commerce Com­ lard, in bulk, in tank vehicles, from Bos­ ton, Mass., to Portland, Maine. Appli­ No. MC 100148 (Sub No. 16), filed May mission, Washington, D.C., before Ex­ 13, 1959. • Applicant: THOMAS E. aminer William J. Cave. cant is authorized to conduct operations BUBER, INC., 308 Antoine Street, Wyan­ No. MC 82336 (Sub No. 19), filed June in Massachusetts, Vermont, New Hamp­ shire, New York, Virginia, Tennessee, dotte, Mich. Applicant’s attorney: John 8, 1959. Applicant: UNITED PARCEL Illinois, Indiana, Ohio, Michigan, Maine, M. Veale, Guardian Building, Detroit 26, DELIVERY, INC., 663 Bryson Street, Connecticut, Rhode Island, Pennsyl­ Mich. Authority sought to operate as a Youngstown, Ohio. Applicant’s at­ vania, Delaware, New Jersey, and common or contract carrier, by motor torney: Richard H. Brandon, Hartman Maryland. vehicle, over irregular routes, transport­ Building, Columbus 15, Ohio.. Authority HEARING: September 30, 1959, at the ing: (1) Pre-cast artificial stone, from sought to operate as a contract or com­ New Post Office & Court House Building, points in the Detroit, Mich., Commercial mon carrier, by motor vehicle, over ir­ Zone, as defined by the Commission, in Boston, Mass., before Joint Board No. Michigan to points in Indiana, Ohio, regular routes, transporting: Such com­ 69, or, if the Joint Board waives its right Pennsylvania, New York, Illinois, Ken­ modities as are dealt in by mill supply to participate, before Examiner Alton tucky, and Wisconsin; (2) Conduit, from houses, from Warren, Ohio, to points in R. Smith. Drayton Plains, Mich., to ports of entry Beaver, Butler, Crawford, Erie, Law­ No. MC 95540 (Sub No. 306), filed oil the International Boundary line be­ rence, Mercer, and Venango Counties, June 24, 1959. Applicant: WATKINS tween the United States and Canada at Pa., and returned and rejected shipments MOTOR LINES, INC., Cassidy Road, or near Detroit and Port Huron, Mich., of the above-specified commodities on P.O. Box 785, Thomasville, Ga. Appli­ and to points in Fulton, Ottawa, Huron, return. Applicant is authorized to con­ cant’s attorney: Joseph H. Blackshear, Lorain, Cuyahoga, and Williams Coun­ duct operations in Ohio and Pennsyl­ Gainesville, Ga. Authority sought to op­ ties, Ohio; and (3) Damaged, defective, vania. erate as a common carrier, by motor returned or rejected shipments of tn Wednesday, July 22, 1959 FEDERAL REGISTER 5865 commodities described in (1) and (2) No. MC 101126 (Sub No. 88), STILL- Kentucky, and Illinois. Applicant is au­ above, from the above-specified destina­ PASS TRANSIT COMPANY, INC., EX­ thorized to conduct operations in Ala­ tion points to the respective origin points. TENSION-ANIMAL AND VEGETABLE bama, Arkansas, Florida, Georgia, Illi­ Applicant is authorized to conduct oper­ OILS (Cincinnati, Ohio). The following nois, Indiana, Iowa, Kansas, Kentucky, ations in Illinois, Indiana, Kentucky, covers an Order of the Commission, divi­ Maryland, Michigan, Minnesota, Mis­ Michigan, Ohio, Pennsylvania, and West sion 1, entered In the subject proceeding souri, Nebraska, New Jersey, New York, Virginia. June 23, 1959: It appearing, That by re­ North Carolina, Ohio, Pennsylvania, Note: A proceeding has been instituted port and recommended order of the Rhode Island, South Carolina, Tennes­ under section 212(c) in No. MC 100148 (Sub examiner, served May 5, 1958, which see, Virginia, West Virginia, and Wiscon­ No. 13) to determine whether applicant’s order became effective as the order of sin. - status is that of a common or contract the Commission, by operation of law on carrier. Note: A proceeding has been instituted May 26, 1958, the issuance to applicant under section 212(c) of the Interstate Com­ HEARING: September 17, 1959, at the of an interim permit was authorized to merce Act to. determine whether applicant’s U.S. Custom Building, 100 West Larned perform certain operations as a for-hire status is that of a contract or common car­ Street, Detroit, Mich., before Examiner carrier by motor vehicle in interstate or rier in No. MC 101126 (Sub No. 86), Alfred B. Hurley. foreign commerce: It further appearing, HEARING: September 23, 1959, at No. MC 100148 (Sub. No. 17), filed That an interim permit was issued to Room 712, Federal Building, Cincinnati, June 8, 1959. Applicant: THOM1AS E. applicant on July 21, 1958: It further Ohio, before Examiner Michael B. BUBER, INC., 308 Antoine Street, Wyan­ jappearing, That by petition, filed May 6, Driscoll. dotte, Mich. Applicant’s attorney: John 1959, applicant seeks to add to the said No. MC 101219 (Sub No. 39), filed May M. Veale, 2150 Guardian Building, De­ permit the name of Procter and Gamble 18, 1959. Applicant: MERIT DRESS troit 26, Mich. Authority sought to op­ Company, of Cincinnati, Ohio, as a DELIVERY, INC., 524 West 30th Street, erate as a common or contract carrier, shipper it is authorized to serve there­ New York, N.Y. Applicant’s attorney: by motor vehicle, over irregular routes, under; Upon consideration of the record in the above-entitled proceeding, and of Herman B. J. Weckstein, 1060 Broad transporting: Clay and refractory prod­ Street, Newark 2, N. J. Authority sought ucts, from Goose Lake, 111., to Detroit, said petition; and good cause appearing therefor: It is ordered, That 11.101(e) to operate as a common carrier, by mo­ Mich., and damaged, defective, returned tor vehicle, over irregular routes, trans­ or rejected clay and refractory products, of the general rules of practice be, and it is hereby, waived, and said petition be, porting: Wearing apparel and materials on return. Applicant is authorized to and supplies, used in connection there­ conduct operations in Illinois, Indiana, and it is hereby, accepted for filing: It is further ordered, That the findings in with, between New York, N.Y., and Port­ Kentucky, Michigan, Ohio, and Penn­ land, Maine. Applicant is authorized to sylvania. the said report be, and they are hereby, modified by adding “and Procter and conduct operations in Connecticut, Note: A proceeding has been instituted Gamble Company of Cincinnati, Ohio’’ Maine, Massachusetts, New Hampshire, under section 212(c) of the Interstate Com­ after “and Emery Industries, Inc., of New Jersey, New York, Pennsylvania, merce Act to determine whether applicant’s Cincinnati, Ohio,” on line 54 of sheet 3 Rhode Island, and West Virginia. status is that of a contract or common car­ HEARING: September 15,1959, at 346 rier in No. MC 100148 (Sub No. 13). of such report:'7f is further ordered, That notice of this action be published Broadway, New York, N.Y., before Ex­ HEARING: September 10, 1959, at the in the F ederal R egister. aminer Alton R. Smith. Olds Hotel, Lansing, Mich., before Joint No. MC 101126 (Sub No. 121), filed No. MC 102295 (Sub No. 3), filed June Board No. 73, or, if the Joint Board April 28, 1959. Applicant: STILLPASS 3, 1959. Applicant: GUY HEAVENER, waives its right to participate, before Ex­ TRANSIT COMPANY, INC., 4967 Spring INC., School Street, Harleysville, Pa. aminer Alfred B. Hurley. Groye Avenue, Cincinnati 32, Ohio. Applicant’s attorney: Robert H. Shertz, No. MC 101126 (Sub No. 54), STILL- Authority sought to operate as a common 811-819 Lewis Tower Building, 225 South PASS TRANSIT COMPANY, INC., EX­ or contract carrier, by motor vehicle, 15th Street, Philadelphia 2, Pa. Author­ TENSION-SPECIFIED LIQUID COM­ over irregular routes, transporting: Ani­ ity sought to operate as a common car­ MODITIES (Cincinnati, Ohio). The mal and vegetable oil products and blends rier, by motor vehicle, over irregular following covers an Order of the thereof, in bulk, in insulated, stainless routes, transporting: (1) Stone, gravel, Commission, division 1, entered in the steel tank vehicles, from St. Bernard and slag, sand, lime, limestone, limestone subject proceeding June 23, 1959: It Cincinnati, Ohio to points in Virginia, products, flyash, and bituminous con­ appearing, That by report and order Maryland, Delaware, and New Jersey, crete, in dump vehicles, from points in ®^eret*.in this proceeding on August 13, and rejected shipments of the above Bucks, Chester, Delaware, Montgomery, 1958, Division 1 authorized issuance to commodities on return. Applicant is and Philadelphia Counties, Pa., to points applicant of an interim permit to per- authorized to conduct operations in in Mercer County, N. J., and those in New iorm certain operations as a for-hire Alabama, Arkansas, Georgia, Illinois, Jersey on and south of New Jersey High­ carrier by motor vehicle in interstate or Indiana, Iowa, Kansas, Kentucky, Mary­ way 33, points in Delaware, Maryland, oreign commerce; It further appear­ land, Michigan, Minnesota, Missouri, and the District of Columbia, (2) sand, ing,That an interim permit was issued to Nebraska, New Jersey, New York, North stone and gravel in dump vehicles, from applicant on January 9, 1959: It further Carolina, Ohio,* Pennsylvania, South points in Mercer County, N.J., and those appearmgf, That by-petition filed May 6, Carolina, Tennessee, Virginia, West Vir­ in New Jersey on and south of New Jer­ ioi9, ,applicant seeks to add Colgate ginia, and Wisconsin. sey Highway 33 to points in Berks, Bucks, r’annolive Company, of New York, N.Y., Carbon, Chester, Delaware, Lehigh, Lu­ Note: A proceeding has been instituted zerne, Monroe, Montgomery, Northamp­ to the list of shippers applicant already under section 212(c<) to determine whether may serve; Upon consideration of the applicant’s status is that of a common or ton, Philadelphia, Pike, and Schuylkill record in the above-entitled proceeding, contract carrier in No. MC 101126 (Sub No. Counties, Pa., and (3) cinders and way- and of said petition; and good cause ap- 86). lite, in' dump vehicles, from points in pearing therefor; it is ordered, That Lehigh and Northampton Counties, Pa., HEARING: September 24, 1959, at to points in Mercer County, N.J., and § 1.101(e) of the general rules of prac- Room 712, Federal Building, Cincinnati, those in New Jersey on and south of New *c.® °e, .and ^ is herebjf, waived, and Ohio, before Examiner Michael B. Jersey Highway 33, and points in Dela­ 1 petition be, and it is hereby, ac­ Driscoll. ware, Maryland, and the District of cepted for filing: It is further ordered, No. MC 101126 (Sub No. 122), filed Columbia. Applicant is authorized to that the findings in said report be, and June 1, 1959. Applicant: STILLPASS conduct operations in Pennsylvania and „ .ls Pereby, modified by adding “and TRANSIT COMPANY, INC., 4967 Spring New Jersey. oigate Palmolive Company, of New Grove Avenue, Cincinnati 32, Ohio. Au­ HEARING: September 17, 1959, at the thority sought to operate as a contract Uni oaN,Y>” after the word “the” on Offices of the Interstate Commerce Com­ . e.,29 °t sheet 16 of such report: It is or common carrier, by motor vehicle, over mission, Washington, D.C., before Ex­ further ordered, That the notice of this irregular routes, transporting: Grain aminer James C. Cheseldine. and grain products, animal and poultry No. MC 102295 (Sub No. 4), filed June Registe puhhshed in the Federal feeds, drugs, and antibiotics, in bulk, and 3, 1959. Applicant: GUY HEAVENER, in bags, between points in Indiana, Ohio, No. 142----- 7 INC., School Street, Harleysville, Pa. 5866 NOTICES Applicant’s attorney: Robert H. Shertz, the District of Columbia, Illinois, Mary­ West Pittston, Clarion, Montoursville, 811-819 Lewis Tower Building, 225 South land, New Jersey, Ohio, South Carolina, Camp Hill, and Clearfield to points in the 15th Street, Philadelphia 2, Pa. Author­ and West Virginia. United States, including Alaska. Ap­ ity sought to operate as a common car­ HEARING: September 18,1959, at the plicant is authorized, to conduct opera­ rier, by motor vehicle, % over irregular U.S. Custom Building, 100 West Lamed tions throughout the United States. routes, transporting: Fertilizer, in dump Street, Detroit, Mich., before Examiner HEARING: September 18, 1959, at the or spreader vehicles, (1) from Baltimore, Alfred B. Hurley. U.S. Custom Building, 100 West Larned Md., to points in Delaware, those in No. MC 105187 (Sub No. 7), filed June Street, Detroit, Mich., before Examiner Pennsylvania east of the Susquehanna 18, 1959. Applicant: CHARLES Alfred B. Hurley. River, points in Mercer County, N. J., and FARKAS, 101 Parkway, White Oak, Mc­ No. MC 107107 (Sub No. 121), filed those in New Jersey on and south of Keesport, Pa. Applicant’s attorney: Ed­ June 24, 1959. Applicant: ALTERMAN New Jersey Highway 33, and points in ward M. Alfano, 36 West 44th Street, TRANSPORT LINES, INC., Office ad­ New York on and south of New York New York 36, N.Y. Authority sought to dress: 2424 Northwest 46th Street, Highway 7, and (2) from Philadelphia, operate as a contract carrier, by motor Miami, Fla. Mailing address: P.O. Box Pa., to points in Delaware, Maryland, the vehicle, over irregular routes, transport­ 65, Allapattah Station, Miami 42, Fla. District of Columbia, and those in Mercer ing: Dry sugar, in bulk, in shipper-owned Applicant’s attorney: Frank B. Hand, Jr., County, N.J., and points in New Jersey trailers, and in bags, from the plant site Transportation Building, Washington 6, on and south of New Jersey Highway 33. of Sucrest Sugar Division, American D.C. Authority sought to operate as a Applicant is authorized to conduct op­ Molasses Co., in Brooklyn, N.Y., to points common carrier, by motor vehicle, over erations in Pennsylvania and New Jersey. in Allegheny, Armstrong, Beaver, Butler, irregular routes, transporting: Bakery HEARING: September 16,1959, at the Lawrence, Mercer, Westmoreland, and products, unfrozen, requiring refrigera­ Offices of the Interstate Commerce Com­ Washington Counties, Pa., and empty tion in transit, and dairy products, as mission, Washington, D.C., before Ex­ shipper-owned trailers which have been described by the Commission, from Balti­ aminer James C. Cheseldine. used in the outbound transportation of more, Md., to points in Florida. Appli­ No. MC 102295 (Sub No. 5), filed June the foregoing commodities and returned cant is authorized to conduct operations 3, 1959. Applicant: GUY HEAVENER, or rejected shipments, on return. Ap­ in Alabama, Arkansas, Connecticut, Del­ INC., School Street, Harleysville, Pa. plicant is authorized to conduct opera­ aware, Florida, Georgia, Illinois, Indiana, Applicant’s attorney: Robert H. Shertz, tions in Pennsylvania. Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michi­ 811-819 Lewis Tower Building, 225 South Note: Applicant states that; transportation 15th Street, Philadelphia 2, Pa. Author­ service restricted under a continuing con­ gan, * Minnesota, Mississippi, Missouri, ity sought to operate as a common car­ tract with Sucrest Sugar Division, American Nebraska, New Jersey, New York, North rier, by motor vehicle, over irregular Molasses Co. of Brooklyn, N.Y. Carolina, North Dakota, Ohio, Okla­ routes, transporting: (1) Bird food, bird homa, Pennsylvania, Rhode Island, feeders, seed, seeds, seed inoculant, seed HEARING: September 15, 1959, at the South Carolina, South Dakota, Tennes­ preservative, bacteria, fertilizer, plant Offices of the Interstate Commerce Com­ see, Texas, Vermont, Virginia, West food, insecticides, fungicides, weed killers mission, Washington, D.C., before Ex­ Virginia, Wisconsin, and the District of and soil, in bags or other containers, and aminer Gerald F. Colfer. Columbia. spreaders, from the plant and warehouse No. MC 105813 (Sub No. 38), filed HEARING: September 16,1959, at the of Seaboard Seed Company, Philadel­ April 28, 1959. Applicant: BELFORD Offices of the Interstate Commerce Com­ phia, Pa., to points in Connecticut, Dela­ TRUCKING CO., INC., 1299 North West mission, Washington, D.C., before Ex­ ware, Illinois, Indiana, Maine, Maryland, 23d Street, Miami 42, Fla. Applicant’s aminer James H. Gaffney. Massachusetts, Michigan, New Hamp­ attorney: Sol H. Proctor, Suite 713-17, No. MC 107128 (Sub No. 20), filed shire, New Jersey, New York, North Professional Building, Jacksonville 2, March 25, 1959. Applicant: FAST Carolina, Ohio, Pennsylvania, Rhode Is­ Fla. Authority sought to operate as a FREIGHT, INC., 2612 West Morris land, South Carolina, Vermont, Virginia, common carrier, by motor vehicle, over Street, Indianapolis 21, Ind. Applicant’s West Virginia, and the District of Co­ irregular routes, transporting: Frozen attorneyT. Wilhelmina Boersma, 2850 lumbia, and (2) weed killer, plant foods foods and citrus products, not canned Penobscot Building, Detroit .26, Mich. and fertilizer, in bags or other containers, and not frozen, in vehicles equipped with Authority sought to operate as a common from Lebanon, Pa., to points in Con­ mechanical refrigeration, from points in or contract carrier, by motor vehicle, necticut, Delaware, Illinois, Indiana, Florida to the International Boundary over irregular routes, transporting: (1) Maine, Maryland; Massachusetts, Michi­ between the United States and Canada at Cartons, knocked down, or folded flat, gan, New Hampshire, New Jersey, New Detroit, Mich., and Buffalo and Niagara from Newcastle, Ind., and Middletown, York, North Carolina, Ohio, Pennsyl­ Falls, N.Y. Applicant is authorized to Ohio to Vienna, W. Va.; (2) Glassware, vania, Rhode Island, South Carolina, conduct operations in Delaware, the Dis­ with or without closures, and fibreboard Vermont, Virginia, West Virginia, and trict of Columbia, Florida, Illinois, In­ cartons, knocked down or folded flat, in the District of Columbia. Applicant is diana, Iowa, Kansas, Kentucky, Mary­ mixed shipments with glass containers, authorized to conduct operations in land, Massachusetts, Missouri, New from Vienna, W. Va., to Chicago, 111., Pennsylvania and New Jersey. Jersey, New York, Pennsylvania, Rhode and points in the Chicago, 111., Com­ Island, South Carolina, Virginia, and mercial Zone, as defined by the Commis- HEARING: September 15, 1959, at the Wisconsin. Offices of the Interstate Commerce Com­ sion, and empty pallets, refused, rejected mission, Washington, D.C., before Ex­ Note: Applicant states the proposed serv­ or damaged shipments of the above spec­ ice will be in foreign commerce. ified commodities on return; (3) Alfalfa aminer James C. Cheseldine. meal, from Blissfield, Mich., and points No. MC 102616 (Sub No. 678), filed HEARING: September 15,1959, at the within 5 miles thereof to points in Indi­ June 23, 1959. Applicant: COASTAL U.S. Custom Building, 100 West Lamed ana, Ghio, Kentucky and West Virginia. TANK LINES, INC., 501 Grantley Road, Street, Detroit, Mich., before Examiner Applicant is authorized to conduct oper­ York, Pa. Applicant’s attorney: Harold Alfred B. Hurley. ations in Kentucky, Indiana, Wisconsin, G. Hernly, 1624 Eye Street NW., Wash­ No. MC 106398 (Sub No..123), filed May Illinois, Missouri, Michigan, West Vir­ ington 6, D.C. Authority sought to oper­ 28, 1959. Applicant: NATIONAL ate as a common carrier, by motor TRAILER CONVOY, INC., 1916 North ginia, and Ohio. vehicle, over irregular routes, transport­ Sheridan Road, Box 8096 Dawson Sta­ Note: A proceeding has been instituted ing: Lacquer, lacquer thinner s and tinder section 212(c) of the Interstate Com­ tion, Tulsa, Okla. Applicant’s attorney: merce'Act to determine applicant’s status is sealers, and furniture finishing com­ Harold G. Hernly, 1624 Eye Street NW., that of a common or contract carrier in No. pounds, in bulk, in tank vehicles, from Washington, D.C. Authority sought to MC 107128 (Sub No. 10). Grand Rapids, Mich., to points in North operate as a common carrier, by motor Carolina and Virginia. Applicant is au­ vehicle, over irregular routes, transport­ HEARING: October 2, 1959, at the thorized to conduct operations in Con­ ing: Trailers designed to be drawn by City Council Chamber, City Hall, 501 necticut, Indiana, Massachusetts, New passenger automobiles, in initial move­ Virginia Street East, Charleston, W. Va., York, Pennsylvania, Tennessee, Wiscon­ ments, in truckaway service, from points before Examiner Michael B. Driscoll. sin, Delaware, Kentucky, Michigan, in Pennsylvania except Irwin, Meadville, No. MC 107323 (Sub No. 33), filed North Carolina, Rhode Island, Virginia, Mansfield, State College, Chambersburg, May 11, 1959. Applicant: GILLILAND Wednesday, July 22, 1959 FEDERAL REGISTER 5867 TRANSFER CO, a Corporation, 21 West Nevada, New Mexico, North Carolina, points in Indiana, Illinois, Ohio, and Sheridan, Fremont, Mich. Applicant’s Ohio, Oklahoma, Pennsylvania, South Missouri on the one hand, and, on the attorney: Leonard D. Verdier, Jr., Michi­ Carolina, Tennessee, Texas, Utah, Vir­ other, points in Iowa, Nebraska, Kansas gan Trust Building, Grand Rapids 2, ginia, West Virginia, and Wisconsin. and Missouri. Applicant is authorized to Mich. Authority sought to operate as a Note: Section 210, dual operations, may be conduct operations in California, Geor­ common carrier, by motor vehicle, over involved. gia, Illinois, Indiana, Iowa, Kentucky, irregular routes, transporting: Baby Louisiana, Michigan, Missouri, North supplies of all kinds, which are manufac­ HEARING: September 22, 1959, at Carolina, Ohio, Tennessee, West Virginia, tured and/or distributed by baby food Room 712, Federal Building, Cincinnati, and Wisconsin. manufacturers, between Fremont, Mich., Ohio, before Examiner Michael B. on the one hand, and, on the other, Driscoll. Note: A proceeding has been instituted No. MC 108125 (Sub No. 14), filed under section 212(c) of the Interstate Com­ points in Illinois, Indiana, Kentucky, merce Act to determine whether applicant’s Missouri, New York, Ohio, Pennsylvania,' June 10, 1959. Applicant: CENTRAL status is that of a contract or common car­ West Virginia, and Wisconsin. Appli­ MOTOR TRUCKING, INC., 85 Central rier in No. MC 108678 (Sub No. 21). cant is authorized to conduct operations Street, Waltham, Mass. Applicant’s at­ in Illinois, Indiana, Kentucky, Michigan, torney: Jeanne M. Hession, 64 Harvest HEARING: September 17, 1959, at the Missouri, New York, Ohio, Pennsylvania, Street, Dorchester, Mass. Authority U.S. Court Rooms, Indianapolis, Ind., be­ West Virginia, and Wisconsin. sought to operate as a common carrier, fore Examiner Michael B. Driscoll. by motor vehicle, over irregular routes, No. MC 108678 (Sub No. 34), filed May Note: Any duplication with present au­ transporting: Porcelain enamel panels, 4, 1959. Applicant: LIQUID TRANS­ thority to be eliminated. uncrated and crated, from Milford, PORT CORP., 3901 Madison Avenue, In­ HEARING: September 10, 1959, at the Mass., to points in Rhode Island, dianapolis, Ind. Applicant’s attorney: Olds Hotel, Lansing, Mich., before Ex­ Arkansas, Missouri, Iowa, Minnesota, William J. Guenther, 1511-14 Fletcher aminer Alfred B. Hurley. Texas, Oklahoma, Kansas, Nebraska, Trust Building, Indianapolis, Ind. Au­ No. MC 107409 (Sub No. 21), filed June North Dakota, South Dakota, Wisconsin, thority sought to operate as a contract 17, 1959. Applicant: ^RATLIFF AND Louisiana, Illinois, Mississippi, Alabama, or common carrier, by motor vehicle, RATLIFF, INC. Mailing address: P.O. Georgia, North Carolina, South Caro­ over irregular routes, transporting: Var­ Box 399, Wadesboro, N.C. Office ad­ lina, Tennessee, Florida, Colorado, and nishes, nitro cellulose lacquers, baking dress: Highway 742, Wadesboro, N»C. Michigan, and damaged and rejected enamels, finishing materials, and indus­ Applicant’s attorneys: Stanley Winborne shipments of the above specified com­ trial finishes, in bulk, in tank vehicles, and Vaughan S, Winborne, Security modities on return. Applicant is author­ from the site of Lilly Varnish Co., In­ Bank Building, Raleigh, N.C. Authority ized to conduct operations in Connecti­ dianapolis, Ind., to points in Indiana, sought to operate as a common carrier, cut, Delaware Indiana, Kentucky, Maine, Illinois, Michigan, Ohio, Pennsylvania, by motor vehicle, over irregular routes, Maryland, Massachusetts, New Hamp­ Missouri, New York, New Jersey, Mary­ transporting: Manufactured iron and shire, New Jersey, New York, North land, Kentucky, West Virginia, Missis­ steel products and articles, in flat-bed or Carolina, Ohio, Pennsylvania,/. Rhode sippi, and Wisconsin. Applicant is open-top vehicles, equipped with safety Island, Vermont, Virginia, West Vir­ authorized to conduct operations in Cali­ fastenings, bindings, or devices to secure ginia, and the District of Columbia. fornia, Georgia, Illinois, Indiana, Iowa, the lading to the bottom of the trailer HEARING: September 28, 1959, at the Kentucky, Louisiana, Michigan, Mis­ during shipment, from the plant site of New Post Office and Court House Build­ souri, North Carolina, Ohio, Tennessee, the Armco Steel Division, in Ashland, ing, Boston, Mass., before Examiner Al­ West Virginia, and Wisconsin. Ky., to points in , Virginia, Tennessee, ton R. Smith. Note.* A proceeding has been instituted North Carolina, South Carolina, Georgia, No. MC 108678 (Sub No. 32), filed under section 212(c) of the Interstate Com­ April 30, 1959. Applicant: LIQUID merce Act to determine whether applicant’s and Florida, and empty containers or status is that of a contract or common car­ other such incidental facilities (not TRANSPORT CORP., 3901 Madison rier, assigned Docket No. MC 108678 (Sub specified) used in transporting the Avenue, Indianapolis, Ind. Applicant’s No. 21). above-specified commodities on return. attorney: William J. Guenther, 1511-14 Applicant is authorized to conduct op­ Fletcher Trust Building, Indianapolis, HEARING: September 16, 1959, at the erations in Alabama, Arkansas, Colo­ Ind. Authority sought to operate as a U.S. Court Rooms, Indianapolis, Ind., be­ rado, - Connecticut, Delaware, Florida, common or contract carrier, by motor fore Examiner Michael B. Driscoll. Georgia, Illinois, Indiana, Iowa, Kansas, vehicle, over irregular routes, transport­ No. MC 109448 (Sub No. 6), filed June Kentucky, Louisiana, Maine, Maryland, ing: Gluconic acid, in bulk, in tank ve­ 18, 1959. Applicant: WESLEY A Massachusetts, Michigan, Minnesota, hicles, from Terre Haute, Ind., and points PARKER, doing business as PARKER Mississippi, Missouri, Nebraska, New within six miles thereof, to points in TRANSFER, 622 West Street, Elyria, Hampshire, New Jersey, New York, Georgia, Iowa, Illinois, Kansas, Ken­ Ohio. Applicant’s representative: G. H. North Carolina, Ohio, Oklahoma, Penn­ tucky, Louisiana, Michigan, Minnesota, Dilla, 3350 Superior Avenue, Cleve­ sylvania, Rhode Island, South Carolina, Missouri, Ohio, and Wisconsin. Appli­ land 14, Ohio. Authority sought to Tennessee, Texas, Vermont, Virginia, cant is authorized to conduct operations operate as a common carrier, by motor West Virginia, Wisconsin, and the Dis­ in California, Georgia, Illinois, Indiana, vehicle, over irregular routes, trans­ trict of Columbia. Iowa, Kentucky, Louisiana, Michigan, porting: Sandstone, sandstone prod­ _ HEARING: September 15, 1959, at the Missouri, North Carolina, Ohio, Tennes­ ucts, grindstone frames and fixtures, and see, West Virginia, and Wisconsin. power grindstones, and damaged, defec­ New Post Office Building, Columbus, tive, rejected or returned shipments of Ohio, before Examiner Michael B. Note: A proceeding has been instituted Driscoll. under section 212(c) of the Interstate Com­ such commodities, between Amherst, No. MC 107515 (Sub No. 321), filed merce Act to determine whether applicant’s Ohio, and points within five (5) miles status is that of a contract or common car­ thereof, on the one hand, and, on the * m2 18> 1959- Applicant: REFRIGER­ rier in No. MC 108678 (Sub No. 21). other, points in Delaware, Illinois, In­ ATED TRANSPORT CO., INC., 290 Uni­ diana, Kentucky, Maryland, Michigan, versity Avenue SW;, Atlanta, Ga. Au­ HEARING: September 16, 1959, at the New York, New Jersey, Ohio, 'Pennsyl­ thority sought to operate as a common U.S. Court Rooms, Indianapolis, Ind., be­ vania, West Virginia, Georgia, North arrier, by motor vehicle, over irregular fore Examiner Michael B. Driscoll. Carolina, South Carolina, Virginia, Ten­ outes, transporting: Meats, meat prod- No. MC 108678 (Sub No. 33), filed April nessee, the District of Columbia, Texas cts and meat by-products, from Coving- 30, 1959. Applicant: LIQUID TRANS­ Connecticut, Massachusetts, Rhode KrlilVu y-’ Po^ts in Georgia, Florida, PORT CORP., 3901 Madison Avenue, In­ Island, and Ports of Entry on the bound­ An v ^ai’°^na’ and South Carolina. dianapolis, Ind. Applicant’s attorney: ary between the United States and DPhcant is authorized to conduct oper- William J. Guenther, 1511-14 Fletcher Canada at Detroit, Mich., and Buffalo, Alabama, Arizona, Arkansas, Trust Building., Indianapolis, Ind. Au­ N.Y. rj —tomia, Colorado, Florida, Georgia, thority sought to operate as a common or Note: Pursuant to transfer proceedings KAnf0, Indiana, Iowa, Kansas, contract carrier, by motor vehicle, over In MC-FC 61779v applicant is authorized, in y’ Louisiana, Michigan, Minne- irregular routes, transporting: Chem­ Certificate MC 109448,, to conduct a portion Ga’ Mississippi, Missouri. Nebraska, icals, in bulk, in tank vehicles, between of the above-described operations. He pro- 5868 NOTICES poses by the Instant application to sub­ ney: Olive L. Holmes, 705 Tri-State caster, York, Dillsburg, Berlin, and Lit- stantially extend these operations, and states Building, 432 Walnut Street, Cincinnati tlestown, Pa., and Boston, Mass., to that he will surrender the said certificate 2, Ohio. Authority sought to operate as Worcester, Malden, and Athol, Mass., when and if an amended certificate is a contract carrier, by motor vehicle, over New York, N.Y., Baltimore, Md., and granted. Applicant is authorized in Certifi­ Lynchburg, Va. Applicant is author­ cate MC 109448 to transport the above- irregular routes, transporting: Lubricat­ described commodities^ from Amherst and ing oils and greases, in containers, from ized to conduct operations in Alabama, points within five miles thereof, to points in Bradford, Pa., to Columbus, Ohio. Ap­ Arkansas, Connecticut, Delaware, Flor­ South Carolina, North Carolina, Virginia, plicant is authorized to conduct opera­ ida, Georgia, Indiana, Louisiana, Maine, Georgia, Indiana, Michigan, Illinois, Ken­ tions in Ohio, Pennsylvania, and West Maryland, Massachusetts, Mississippi, tucky, and West Virginia, and points in Virginia. New Hampshire, New Jersey, New York, Pennsylvania and New York with certain HEARING: September 23, 1959, at North Carolina, Ohio, Oklahoma, Penn­ exceptions. Room 712, Federal Building, Cincinnati, sylvania, Rhode Island, South Carolina, HEARING: September 28, 1959, at the Ohio, before Examiner Michael B. Tennessee, Texas, Vermont, Virginia, Old Post Office Building, Public Square Driscoll. West Virginia, and the District of and Superior Ave., Cleveland, Ohio, be­ No. MC 111350 (Sub No. 9), filed -May Columbia. fore Examiner Alfred B. Hurley. 14,1959. Applicant: LIQUID TRANSIT, Note: Applicant states it is authorized to No. MC 109451 (Sub No. 98), filed June INC., Rhinebeck, N.Y. Applicant’s rep­ conduct operations in the transportation of 12, 1959. Applicant: ECOFF TRUCK­ resentative: Bert Collins, 140 Cedar the commodities described above to and ING, INC., 112 Merrill Street, Fortville, Street, New York 6, N.Y. Authority from all points involved in the instant appli­ sought to operate as a contract carrier, cation except Berlin, Pa. Duplication with Ind. Applicant’s attorney: Robert C. present authority to be eliminated. Smith, 512 Illinois Building, Indianapolis, by motor vehicle, over irregular routes, Ind. Authority sought to operate as a transporting: Corn syrups, blends or HEARING: September 2, 1959, at the contract carrier, by motor vehicle, mixtures of corn syrup, and liquid sugar Offices of the Interstate Commerce Com­ over irregular routes, transporting: Dry and/or invert sugar, in bulk, in tank mission, Washington, D.C., before Ex­ chemicals, in bulk, from Ficklin, 111., to vehicles, from Yonkers and New York, aminer Richard H. Roberts. points in Indiana, Iowa, Kentucky, N.Y., to points in Ohio. Applicant is No. MC 112750 ¿Sub No. 39), filed May Michigan, Minnesota, Missouri, Ohio, and authorized to conduct operations in New 5, 1959. Applicant: ARMORED CAR­ Wisconsin. Applicant is authorized to York, Ohio, Illinois, and Pennsylvania. RIER CORPORATION, De Bevoise conduct operations in Alabama, Florida, Note: Applicant states it presently holds Building, 222-17 Northern Boulevard, Georgia, Illinois, Indiana, Iowa, Ken­ authority to transport liquid sugar in bulk, Bayside, L.I., N.Y. Applicant’s attorney: tucky, Louisiana, Michigan, Ohio, Penn­ in tank vehicles, within the same area; and James K. Knudson, Sundial House, 1821 sylvania, Tennessee, West Virginia, and that authority is sought to clarify the com­ , Jefferson Place NW., Washington 6, D.C. Wisconsin. modity description. Authority sought to operate as a contract HEARING: September 18, 1959, at HEARING: September 17,1959, at 346 carrier, by motor vehicle, over irregular the U.S. Court Rooms, Indianapolis, Ind., Broadway, New York, N.Y., before Ex­ routes, transporting: Commercial papers, before Examiner Michael B. Driscoll. . aminer Alton R. Smith. documents and written instruments (ex­ No. MC 109761 (Sub. No. 22), filed May No. MC 111450 (Sub No. 12) j filed cept coin, currency, bullion, and negoti­ 7, 1959. Applicant: CARL SUBLER May 28, 1959. Applicant: GRANT able securities) as are used in the busi­ TRUCKING, INC., 906 Magnolia Avenue, TRUCKING, INC., Oak Hill, Ohio. Au­ ness of bank and banking institutions, Auburndale, Fla. Applicant’s attorneys: thority sought to operate as a common and empty containers or other such inci­ Herbert Baker, 50 W. Broad Street, Co­ carrier, by motor vehicle, over irregular dental facilities, used in transporting the lumbus 15, Ohio, and Benjamin J. Brooks, routes, transporting: Ferro alloys and above-described commodities, (1) be­ Washington Loan and Trust Building, pig iron, in bulk, in dump trucks, from tween Detroit, Mich., on the one hand, Washington 4, D.C. Authority sought to Jackson, Ohio, to points in New York, and, on the other, Cleveland, Ohio, (2) operate as a common or contract carrier, Wisconsin and Illinois, and damaged, between Toledo, Ohio, on the one hand, by motor vehicle, over irregular routes, rejected and returned shipments of the and, on the other, points in Monroe, transporting: Fruit and fruit juices, above-specified commodities from points Lenawee, and Wayne Counties, Mich., vegetable and vegetable juices, fruit and in New York, Wisconsin and Illinois to (3) between points in Berrien County, vegetable drink, fruit and vegetable drink Jackson, Ohio. Applicant is authorized Mich., on the one hand, and, on the other, base, prune drink base, fruit and vege­ to conduct operations in Alabama, Con­ points in St. Joseph County, Ind. Appli­ table juice concentrates, and citrus prod­ necticut, Georgia, Illinois, Indiana, cant is authorized to conduct operations ucts, with or without additives, in bulk, Iowa, Kentucky, Maine, Maryland, Mas­ in Connecticut, Delaware, the District from points in California and those in sachusetts, Michigan, Minnesota, Mis­ of Columbia, Illinois, Iowa, Kentucky, Texas on and south of a line beginning souri, New Hampshire, New Jersey, New Maryland, Massachusetts, Missouri, New at Corpus Christi and extending along York, North Carolina, Ohio, Pennsyl­ Jersey, New York, Ohio, Pennyslvania, Texas Highway 44 to Freer and thence vania, Rhode Island, South Carolina, Rhode Island, Virginia, and West along U.S. Highway 59 to Laredo to Tennessee, Texas, Vermont, Virginia, Virginia. points in Illinois, Indiana, Kentucky, West Virginia, Wisconsin, and the Dis­ HEARING: September 9, 1959, at the Michigan, Missouri, and Ohio, and empty trict of Columbia. Olds Hotel, Lansing, Mich., before Joint containers or other such incidental facili­ HEARING: September 14, 1959, at the Board No. 9, or, if the Joint Board waives ties (not specified) used in transporting New Post Office Building, Columbus, its right to participate, before Examiner the above commodities on return. Ap­ Ohio, before Examiner Michael B. Alfred R. Hurley. plicant is authorized to conduct opera­ Driscoll. No. MC 112813 (Sub No. 2), filed June tions in Florida, Michigan, Illinois, No. MC 112696 (Sub No. 12), filed 23, 1959. Applicant: GRANT BRUCE Wisconsin, Minnesota, Indiana, Ohio, June 12, 1959. Applicant: HARTMANS, AND HAROLD BRUCE, doing business Georgia, Maine, New Hampshire, and INCORPORATED, P.O. Box 468, Har­ as RIVERSIDE MARINE, 1016 St. Rose, Vermont. risonburg, Va. Applicant’s attorney: Riverside, Ontario, Canada. Authority Note: A proceeding has been instituted Francis W. Mclnemy, 1625 K Street sought to operate as a common carrier, under section 212(c) to determine whether NW., Washington 6, D.C. Authority by motor vehicle, over irregular routes, applicant’s status is that of a common or sought to operate as a common carrier, transporting: New and used boats, be­ contract carrier in No. MC 109761 (Sub No. by motor vehicle, over irregular routes, tween ports of entry on the Interna­ 12). transporting: Shoes, leather, rubber tional Boundary line between the United HEARING: September 11, 1959, at heels and soles, and supplies and equip­ States and Canada in Minnesota, Mich­ the New Post Office Building, Columbus, ment used in a shoe factory, (1) be­ igan, and New York, on the one hand, Ohio, before' Examiner Michael B. tween Harrisonburg and Winchester, and, on the other, points in Illinois, In­ Driscoll. Va., Hagerstown, Md., Gettysburg, Lan­ diana, Ohio, Pennsylvania, Kentucky, No. MC 110104 (Sub No. 2), filed June caster, York, Dillsburg, Berlin, and Lit- Tennessee, New York, Maryland, Con­ 22, 1959. Applicant: MELVIN ASTON tlestown, Pa., and Boston, Mass.; and necticut, Wisconsin, Minnesota, Missouri, TRUCKING CO., 3363 Nandale Drive, (2) from Harrisonburg and Winchester, Cincinnati 39, Ohio. Applicant’s attor­ Va., Hagerstown, Md., Gettysburg, Lan­ New Jersey, and Delaware. Wednesday, July 22, 1959 FEDERAL REGISTER 5869 Note: Duplication with present authority No. MC 115883 (Sub No. 5), filed June points in Hillsboro and Rockingham to be eliminated. 11, 1959. Applicant: ROBERT A. Counties, N.H., and points in Connecti­ HEARING: September 22, 1959, at the WELSH, White Mills, Pa. Applicant’s cut, New York and Rhode Island;, (2) be­ U.S. Custom Building, 100 West Larned attorney: Clarence D. Todd, 1825 Jeffer­ tween New York, N.Y., Philadelphia, Pa., Street, Detroit, Mich., before Examiner son Place NW., Washington 6, D.C. Au­ and points in New Jersey, exclusive of Alfred B. Hurley. thority sought to operate as a contract Newark and Ridgefield, N.J., on the one No. MC 114015 (Sub No. 11), filed June carrier, by motor vehicle, over irregular hand, and, on the other, points in Hills­ 16, 1959. Applicant: RUSS, INCORPO­ routes, transporting: (1) Beer, from boro and Rockingham Counties, N.H., RATED, Chase City, Va. Applicant’s at­ Trenton, N.J., and Shamokin, Pa., to and points in Connecticut, Massachu­ torney: Jno. C. Goddin, State-Planters Baltimore, Md.; and (2) Empty con­ setts, New York, and Rhode Island; and Bank Building, Richmond 19, Va. Au­ tainers, from Baltimore, Md., to Trenton, (3) between Newark and Ridgefield, N.J., thority sought to operate as a contract N.J., and Shamokin, Pa. Applicant is on the one hand, and, on the other, carrier, by motor vehicle, over irregular authorized to conduct operations in New points in Hillsboro and Rockingham routes, transporting: Shooks, pallets and Jersey, New York, and Pennsylvania. Counties, N.H., points in New York, ex­ pallet material, from Chase City and HEARING: September 10, 1959, at the clusive of Albany County, and points in Keysville, Va., to Charleston, S.C., De­ Offices of the Interstate Commerce Com­ Rhode Island; new drums or containers, troit, Mich., Wheeling, W. Va., and points mission, Washington, D.C., before Ex­ (1) from New York, N.Y., Philadelphia, in New York, and refused and damaged aminer Leo M. Pellerzi. Pa., and points in New Jersey, exclusive shipments of the above-specified com­ No. MC 115911 (Sub No. 1), filed June of Linden, N.J., to points in Hillsboro and modities on return. Applicant is author­ 12, 1959. Applicant: BOULEVARD Rockingham Counties, N.EL, and points ized to conduct operations in Indiana, TRANSFER COMPANY, a Corporation, in Connecticut, Massachusetts, New Maryland, New Jersey, New York, Ohio, 1955 West Edsel Ford Expressway, De­ York, and Rhode Island; and (2) from Pennsylvania, Virginia, and West Vir­ troit 8, Mich. Authority sought to Linden, N.J., to points in Hillsboro and ginia, and the District of Columbia. operate as a common carrier, by motor Rockingham Counties, N.H., and points HEARING: September 15, 1959, at the vehicle, over irregular routes, transport­ in New York and Rhode Island. Appli-, Offices of the Interstate Commerce Com­ ing: Steel fuel tanks and fuel tank ac­ cant is authorized to transport new steel mission, Washington, D.C., before Exam­ cessories, heavy machinery and equip­ Drums or containers from Linden, N.J., to iner C. Evans Brooks. ment, and supplies used in construction points in Connecticut and Massachusetts, No. MC 114106 (Sub No. 16), filed June work, between points in Michigan, on the and used or reconditioned steel drums or 17, 1959. Applicant: MAYBELLE one hand, and, on the other, points in containers between Ridgefield and New­ TRANSPORT COMPANY, a corporation, Ohio, Indiana, Kentucky, Illinois, Min­ ark, N.J., on the one hand, and, on the Box 461, 1820 South Main Street, Lex­ nesota, and Wisconsin. Applicant is other, points in Albany. County, N.Y., ington, N.C. Applicant’s attorney: Dale authorized to conduct operations in Connecticut, and Massachusetts. C. Dillon, 1825 Jefferson Place NW.f Illinois, Indiana, Kentucky, Michigan, HEARING: September 17, 1959, at 346 Washington 6, D.C. Authority sought Minnesota, and Wisconsin. Broadway, New York, N.Y., before Ex­ to operate as a common carrier, by motor Note :-puplication with present authority aminer Alton R. Smith. Vehicle, over irregular Routes, transport­ to be eliminated. No. MC 117788 (Sub No. 2), filed June ing: Paint, lacquers, lacquer sealer, 4, 1959. Applicant: JOHN K. RAMSEY, enamels, varnishes, stains, thinners, and HEARING: September 21,1959, at the doing business as RAMSEY PRODUCE finishing materials used in the manufac­ U.S. Custom Building, 100 West Larned TRUCKING, 29150 Bretton, Livonia, ture of furniture, in bulk, in tank ve­ Street, Detroit, Mich., before Examiner Mich. Applicant’s attorney: Bernard L. hicles, between Grand Rapids, Mich., on Alfred B. Hurley. * Walsh, 1632 Buhl Building, Detroit 26, the one hand, arid, on the other, points No. MC 116930 (Sub No. 1), filed June Mich. Authority sought to operate as a in New York, Pennsylvania, Virginia, 8, 1959. Applicant: THE ZENITH common carrier, by motor vehicle, over Tennessee, Kentucky, North Carolina, TRUCKING AND SALES COMPANY, a irregular routes, transporting: Offal for South Carolina, Georgia, Florida, Ala­ Corporation, P.O. Box 163, Crownsville, animal food and medicinal purposes, bama, and Mississippi. Applicant is Md. Applicant’s attorney: William J. from Detroit, Mich.; to points in Penn­ authorized to conduct operations in Little, 1513 Fidelity Building, Baltimore sylvania, Illinois, Wisconsin, Ohio, South* Georgia, North Carolina, South Carolina, 1, Md. Authority sought to operate as Carolina, New Jersey, New York, and Tennessee, and Virginia. a common carrier, by motor vehicle, over Indiana, and rejected offal on return. irregular routes, transporting: Lumber, HEARING: September 17, 1959, at the Note: Applicant has contract carrier au­ piling, poles and posts, from Baltimore, thority under Permit No. MC 115176, dated U.S. Custom Building, 100 West Lamed May 14, 1956. Section 210 (dual authority) Md., and points in Howard, Anne Arun­ Street, Detroit, Mich., before Examiner may be involved. del, Prince Georges, Charles, Calvert,» Alfred B. Hurley,. and St. Marys Counties, Md., and points No. MC 118465 (Sub No. 2), filed April HEARING: September 11, 1959, at the on the Delmarva Peninsula, to points in 30,1959. Applicant: COMMERCIAL OIL Offices of the Interstate Commerce Com­ Maryland, Virginia, the District of Co­ TRANSPORT OF OKLAHOMA, INC., mission, Washington, D.C., before Exam­ lumbia, Delaware, New Jersey, Pennsyl­ 1030 Stayton Street, Fort Worth, Tex. iner William J. Cave. vania, New York, Rhode Island; Authority sought to operate as a common No. MC 114227 (Sub No. 8), filed May Connecticut, and Massachusetts. Appli­ carrier, by motor vehicle, over irregular 11, 1959. Applicant: ALBERT MEEU- cant is authorized to conduct operations routes, transporting: Asphalt, in bulk, in SEN AND CLIFFORD RUSSELL, doing in Delaware, Maryland, New Jersey, tank truck loads and packages, from business as A & C CARRIERS, 2955 East Pennsylvania, Virginia, and the District Ardmore, Cyril, Cushing, Enid, Grand- Laketon Avenue, Muskegon, Mich. Ap­ of Columbia. Any duplication with field, Stroud, and Wynnewood, Okla., to plicant's attorney: James F. Flanagan, present authority to be eliminated. points in New Mexico on and north of ill West Washington Street, Chicago 2, HEARING: September 1, 1959, at the U.S. Highway 60, and empty containers LI. Authority sought to operate as a Offices of the Interstate Commerce Com­ or other such incidental facilities (not common carrier, by motor vehicle, over mission, before Examiner C. Evans specified) used in transporting the com­ .¿•regular routes, transporting: Enamel, Brooks. modities specified in this application, and varnish, lacquers, lacquer thinner and No. MC 117632 (Sub No. 1), filed April rejected shipments of Asphalt on return. sealer, stains, commercial finishes, and 23, 1959. Applicant: TREMBLAY Applicant is authorized to conduct oper­ resins, in bulk, in tank vehicles, from TRANSPORT, INC., New Montgomery ations in Iowa, Nebraska, Oklahoma, and '-»rand Rapids, Mich., to points in Vir- Road, Chicopee (Willimansett), Mass. South Dakota. f!^ a’.P,ennsylvania. Georgia, Tennessee, Applicant’s attorney: Arthur M. Mar­ HEARING: July 30, 1959, at the Fed­ + a ^^ansas. Applicant is authorized shall, 145 State Street, Springfield 3, eral Building, Oklahoma City, Okla., be­ to conduct operations in Indiana, Mich- Mass. Authority sought to operate as a lgab, and North Carolina. fore Joint Board No. 210. common carrier, by motor vehicle, over No. MC 118844, filed April 2, 1959. tt c „ f G; September 16, 1959, at the irregular routes, transporting: Used or Applicant: PERCY EAGAN, 5216 Ken­ Building, 100 West Larned reconditioned drums or containers, (1) tucky Street, Charleston, W. Va. Appli­ Bfitroit, Mich., before Examiner between Chicopee and Springfield, Mass., Alfred B. Hurley. cant’s attorney: Charles E. Anderson, on the one hand, and, on the other, United Carbon Building, Charleston 25, 5870 NOTICES

W. Va. Authority sought to operate as a transporting: (1) Boats and their acces­ Putman, Conn., Southbridge, Westfield, common carrier, by motor vehicle, over sories between ports of entry on the Pittsfield, Mass., Albany, Little Falls, irregular routes, transporting: Mobile International Boundary line between the Lyons, Buffalo, and East Buffalo, N.Y., homes or house trailers, between points United States and Canada at New York Yastabula and Sandusky, Ohio, and in West Virginia, on the one hand, and, and Vermont, on the one hand, and, on empty containers or other such inci­ on the other, points in all States east of the other, points in New York, New dental facilities, used in transporting the the Mississippi, namely, Alabama, Con­ Hampshire, Vermont,. Maine, and Mas­ above-described commodities, on return. necticut, Delaware, Florida, Georgia, sachusetts. (2) Boats and moulds there­ HEARING: September 30, 1959, at the Illinois, Indiana, Kentucky, Maine, for, between ports of entry on the Inter­ New Post Office and Court House Build­ Maryland, Massachusetts, Michigan, national Boundary line between the ing, Boston, Mass., before Examiner Mississippi, North Carolina, New Hamp­ United States and Canada at Michigan, Alton R. Smith. shire, New Jersey, New York, Ohio, Penn­ on the one hand, and, on the other, Little No. MC 119028; filed June 26, 1959. sylvania, Rhode Island, South Carolina, Falls, Minn. Applicant states the pro­ Applicant: VIVIAN EARL DICKINSON Tennessee, Vermont,Wirginia, West Vir­ posed service shall be restricted to the AND ROBERT EZRA DICKINSON, do­ ginia and Wisconsin, and the District transportation of property moving to and ing business as DICKINSON BROTHERS of Columbia. from points in the Dominion of Canada LUMBER COMPANY, Mineral, Va. Ap­ HEARING: October 1,1959, at the City in international commerce. plicant’s attorney: Jno. C. Goddin, State- Council Chamber, City Hall, 50*1 Vir­ HEARING: September 11,1959, at the Planters Bank Building, Richmond 19, ginia Street East, Charleston, W. Va., Offices of the Interstate Commerce Com­ Va. Authority sought to operate as a before Examiner Michael B. Driscoll. mission, Washington, D.C., before Exam­ contract carrier, by motor vehicle, over No. MC 118879, filed April 17, 1959. iner James O’D. Moran. irregular routes, transporting: Machin­ Applicant: CHARLES ATKINSON, 6400 iSTo. MC 118999, filed June 15, 1959. ery and equipment, from Peoria and MacCorkle Avenue, St. Albans, W. Va. Applicant: ROBT. KNTPFEL TRANS­ Danville, 111., to Richmond, Roanoke, and Applicant’s attorney: Charles E. Ander­ PORT LIMITED, Petersburg, Ontario, Norfolk, Va., and Baltimore,, Md., and son, United Carbon Building, Charles­ Canada. Applicant’s attorney: James E. refused and damaged shipments on re­ ton 25, W. Va. Authority sought to Wilson, Perpetual Building, 1111 E Street turn. operate as a common carrier, by motor NW., Washington 4, D.C. Authority HEARING: September 17, 1959, at the vehicle, over irregular routes, transport­ sought to operate as a common carrier, Offices of the Interstate Commerce Com­ ing: Mobile homes or house trailers, de­ by motor vehicle, over irregular routes, mission, Washington, D.C., before Ex­ signed to be drawn by passenger auto­ transporting: (1) Frozen foods, concen­ aminer Gerald F. Colfer. mobiles, in initial and secondary move­ trates, fresh fruits and vegetables, MOTOR CARRIERS OF PASSENGERS ments, between points in Kanawha, canned fruit juices and shrimp, from Wood, Pleasants, Ritchie, Wirt, Jackson, points in Florida to ports of entry in New No. MC 1940 (Sub No. 37), filed June Roane, Putnam, Lincoln, Boone, Raleigh, York, Vermont, New Hampshire, and 11, 1959. Applicant: TRAILWAYS OF Fayette, and Clay Counties, W. Va., on Maine on the International Boundary NEW ENGLAND, INC., 400 Trailways the one hand, and, on the other, points between the United States and Canada; Building, 1200 Eye Street NW., Wash­ in Alabama, Connecticut, Delaware, and (2) poultry, from points in Georgia ington, D.C. Applicant’s attorney: Florida, Georgia, Illinois, Indiana, Ken­ to ports of entry in New York, Vermont, Julian P. Freret, Continental Building, tucky, Maine, Maryland, Massachusetts, New Hampshire, and Maine on the In­ 14th at K NW., Washington 5, D.C. Au­ Ohio, Pennsylvania, Rhode Island, South ternational Boundary between the thority sought to operate as a common Carolina, Tennessee, Vermont, Virginia, United States and Canada. carrier, by -motor vehicle, over a regu­ West Virginia, Wisconsin, Michigan, HEARING: September 10, 1959, at the lar route, transporting: Passengers and Mississippi, North Carolina, New Hamp­ Offices of the Interstate Commerce Com­ their baggage, and mail and express in shire, New Jersey, and New York. mission, Washington, D.C., before Ex­ the same vehicle with passengers, be­ HEARING: October l, 1959, at the aminer Harry Ross, Jr. tween Concord, N.H., and Laconia, N.H., City Council Chamber, City Hall, 501 No. MC 119005, filed June 17, 1959. from the intersection of U.S. Highway Virginia Street East, Charleston, W. Va., Applicant: PAUL GREENFIELD, doing 4 at Everett Toll Highway in Concord before Examiner Michael B. Driscoll. business as PAUL’S TOWING SERVICE, over U.S. Highway 4 to the intersection No. MC 118920, filed May 5, 1959. 8606 Lanier Drive, Silver Spring, Md. with New Hampshire Highway 106, Applicant: ROBERT H. WHITING, 5 Authority sought to operate as a common thence over New Hampshire Highway Point Road, Edinburg, Pa. Applicant’s carrier, by motor vehicle, over irregular 106 to Laconia, and return over the same attorneys: Harold G. Hernly, 1624 Eye routes, transporting: Wrecked and dis­ route, serving all intermediate points. Street NW., Washington 6, D.C., and abled motor vehicles and trailers, in Applicant is authorized to conduct oper­ Errol Fullerton, 701 L. S. & T. Building, towaway service, by use of wrecker equip­ ations in Connecticut, Massachusetts, New. Castle, Pa. Authority sought to ment, between Washington, D.C., and New Hampshire, New York, and Rhode operate as a contract carrier, by motor points in Frederick, Montgomery, How­ Island. vehicle, over irregular routes, transport­ ard, Prince Georges, Anne Arundel, HEARING: October 1, 1959, at the ing: China, ceramic and refractory prod­ Calvert, St. Mary’s, and Charles Counties, New Hampshire Public Service Commis­ ucts and materials and supplies used in Md., Alexandria, Va., Arlington, Fairfax, sion, Concord, N.H., before Joint Board the manufacture of china, ceramic and Loudoun, Prince William, Stafford, Cul­ No. 186, or, if the Joint Board waives refractory products, between the plant peper, and Fauquier Counties, Va., on its right to participate, before Examiner site of Shenango China, Inc., New the one hand, and, on the other, points Alton R. Smith. Castle, Pa., and points in Alabama, Dela­ in New York, New Jersey, Delaware, No. MC 117806 (Sub. No. 1), filed May ware, Illinois, Indiana, Iowa, Kentucky, Pennsylvania, Maryland, Virginia, West 25, 1959. Applicant: ANTIETAM Maryland, Massachusetts,. Michigan, Virginia, and North Carolina. TRANSIT COMPANY, INC., 437 East New Jersey, New York, Ohio, Pennsyl­ HEARING: September 2, 1959, at the- Baltimore Street, Hagerstown, Md. Ap­ vania, Tennessee, West Virginia, and Offices of the Interstate Commerce Com­ plicant’s attorney: S. Harrison Kahn, Wisconsin.. mission, Washington, D.C., before Ex­ 1110-14 Investment Building, Washing­ HEARING: September 29,1959, at the aminer James H. Gaffney. ton, D.C. Authority sought to operate Fulton Building, 101-115 Sixth Street, No. MC 119017, filed June 22, 1959. as a common carrier, by motor vehicle, Pittsburgh, Pa., before Examiner Alfred Applicant: GEORGE E. ISABEL, 99 over regular, routes, transporting: Pas­ Talbot Street, Fall River, Mass. Au­ sengers and their baggage, and express, B. Hurley. mail and newspapers, in the same ve­ No. MC 118993, filed June 12, 1959. thority sought to operate as a common hicle with passengers, between Hagers­ Applicant: L. R. MCDONALD & SONS carrier, by motor vehicle, over irregular town, Md., and State Line, Pa., over U.S. LTD., 843 Sydney Street, Cornwall, On­ routes, transporting: Homing and racing Highway 11, serving all intermediate tario, Canada. Applicant’s attorney: pigeons, in seasonal operations between points. S. Harrison Kahn, 1110-1114 Investment April l and October 30 inclusive, of each HEARING: October 20, 1959, at Room Building, Washington, D.C. Authority year, from Fall River and Norwood, 709, U.S. Appraisers’ Stores Building, sought to operate as a common carrier, Mass., and Pawtucket, R.I., to Provi­ Gay and Lombard Streets, Baltimore, by motor vehicle, over irregular routes. dence, Chepachet and Greenville, R.I., Md., before Joint Board No. 74. Wednesday, July 22, 1959 FEDERAL REGISTER 5871

No. MC 118926, filed May 7,1959. Ap­ over Michigan Highway 117 to the Note: Common control may be involved. plicant: SAMUEL OLSON, doing busi­ junction of Michigan Highway 28 near No. MC 66562 (Sub. No. 1519), filed ness as ASHLAND CITY LINES, 628 Roberts Comer, thence over Michigan July 6, 1959. Applicant: RAILWAY East Main Street, Ashland, Ohio. Ap­ Highway 28 to the junction of U.S. High­ EXPRESS AGENCY, INCORPORATED, plicant’s attorneys: Ewald E. Kundtz way 2, and return over the same route, and Stephen E. Parker, 1050 Union Com­ 219 East 42d Street, New York 17, N.Y. serving no intermediate points, as an al­ Applicant’s attorney: William H. Marx, merce Building, Cleveland 14, Ohio. Au­ ternate route for operating convenience Law Department, Railway Express thority sought to operate as a common only; (2) between the junction of U.S. carrier, by motor vehicle, over irregular Highway 41 and Michigan Highway 35 Aigency, Incorporated (same address as routes, transporting: Passengers and at Menominee, Mich., and the junction applicant). Authority sought to op­ their baggage, in charter operations, be­ of Michigan Highway 35 and U.S. High­ erate as a common carrier, by motor ginning and ending at points in Ashland way 41 at Escanaba, over Michigan High­ vehicle, over a regular route, transport­ County, Ohio, and extending to points way 35, serving no intermediate points, ing: General commodities, including in Indiana, Illinois, Michigan, Missouri, as an alternate route for operating con­ Class A and B explosives, moving in ex­ Kansas, Colorado, New Mexico, Texas, venience only. Applicant is authorized press service, between Morristown, N.J., Oklahoma Arkansas, Tennessee, Ken­ to conduct operations in Michigan, Wis­ and Washington, N.J., from Morristown tucky, Pennsylvania, Maryland, Virginia, consin, Illinois, Indiana, Minnesota, over U.S. Highway 511 to junction New Delaware, New Jersey, New York, Con­ Ohio, Pennsylvania, Kentucky, Kansas, Jersey Highway 10, thence over New necticut, Rhode Island, Massachusetts, Missouri, Iowa, Alabama, and Tennessee. Jersey Highway 10 to junction New New Hampshire, Vermont, Maine, Iowa, No. MC 30884 (Sub No. 6), filed July Jersey Highway 53, thence over New Jer­ West Virginia, North Carolina, South 6, 1959. Applicant: JACK COOPER sey Highway 53 to junction U.S. Highway Carolina, Georgia, Florida, Wisconsin, TRANSPORT COMPANY, INC., 3636 46, thence over U.S. Highway 46 to and the District of Columbia. Ewing Avenue, Kansas City, Mo. Appli­ junction New Jersey Highway 57, thence HEARING: September 24, 1959, at the cant’s attorney: James W. Wrape, 2111 over New Jersey Highway 57 to junction Old Post Office Building, Public Square Sterick Building, Memphis 3, Term. Au­ New Jersey H i g h w a y 24, thence over New and Superior Avenue, Cleveland, Ohio, thority sought to operate as a contract Jersey Highway 24 to Washington, and before Examiner Alfred B. Hurley. carrier, by motor vehicle, over irregular return over the same route, serving the routes, transporting: Motor vehicles, ex­ intermediate or off-route points of Den-* APPLICATION FOR BROKERAGE LICENSE ville, Netkong, Dover, Hackettstown, MOTOR CARRIER OF PASSENGERS cept trailers, in initial movements by truckaway and driveaway, and parts and Wharton, Newton, and Branchville, N.J. No. MC 12706, filed April 20, 1959. show paraphenalia when accompanying Applicant states the service to be per­ Applicant: ANTHONY A. COSTA, doing such vehicles, from the site of the Chev­ formed will be limited to that which is business as WORLDWIDE TRAVEL rolet Division (General Motors Corpora­ auxiliary to or supplemental of express BUREAU, 1094 Flatbush Avenue, Brook­ tion) plant at Kansas City, Mo., to points service, and the shipments transported lyn 26, N.Y. Applicant’s representative: in Arizona. Applicant is authorized to by applicant will be limited to those Charles H. Trayford, 155 East 40th conduct operations in Missouri, Kansas, moving on a through bill of lading or Street, New York 16, N.Y. For a license Nebraska, Iowa, Arkansas, Colorado, express receipt, covering, in addition to (BMC 5) to engage in operations as a Oklahoma, Texas, New Mexico, Utah, the motor carrier movements by appli­ broker at New York N.Y. in arranging Wyoming, South Dakota, Idaho, and cant, an immediately prior or an imme­ for the transportation by motor vehicle Montana. diately subsequent movement by rail or m interstate or foreign commerce of No. MC 52917 (Sub No. 27), filed July air. Applicant is authorized to conduct passengers and their baggage, in the 14, 1959. Applicant: CHESAPEAKE operations throughout the United States. same vehicle with passengers, in round- MOTOR LINES, INC., 340 West North No. MC 66562 (Sub. No. 1521), filed trip, special and charter, all-expense Avenue, Baltimore 17, Md. Authority July 6, 1959. Applicant: RAILWAY EX­ tours, beginning and ending at New sought to operate as a common carrier, PRESS AGENCY, INCORPORTED, 219 o«k’ N-Y-> and Points in Nassau and by motor vehicle, over irregular routes, East 42d Street, New York 17, N.Y. Ap­ Suffolk Counties, N.Y., and extending transporting: Meats, meat products, plicant’s attorney: William H. Marx, to points in the United States. meat by-products as defined in Appendix Law Department, Railway Express Note: Applicant states that it, will ar­ I, subheading A and B in Descriptions in Agency, Incorporated (same address as range for the transportation of passengers Motor Carrier Certificates, 61 M.C.C. 209, applicant). Authority sought to oper­ and their baggage to points in foreign coun­ and perishable foods, in vehicles equipped ate as a common carrier, by motor ve­ tries and to possessions and territories of the hicle, over a .regular route, transporting: united States. with temperature control devices, from points in that part of Maryland on and General commodities, including Class A HEARING: September 24, 1959, at 346 east of U.S. „ Highway 1 and north of and B explosives, moving in express serv­ Broadway, New York, N.Y., before Ex­ Baltimore to Baltimore, Md. Applicant ice, between Malone, N.Y., and Rouses aminer Alton R. Smith. is authorized to conduct operations in Point, N.Y., from Malone over U.S. High­ way 11 to Rouses Point, and return over Applications in Which Handling W ith­ Maryland, Virginia, Delaware, New York, Pennsylvania, and the District of Co­ the same route, serving no intermediate out Oral H earing I s R equested lumbia. points. Applicant indicates the proposed MOTOR CARRIERS OF PROPERTY No. MC 61403 (Sub No. 42), filed July service will be subject to the following conditions: The service to be performed i-No*J^C 4761 (Sub No. 13), filed July 10, 1959. Applicant: THE MASON AND DIXON TANK LINES, INC., Wilcox will be limited to that which is auxiliary Applicant: LOCK CITY to or supplemental of express service, TRANSPORTATION COMPANY, a Cor­ Drive, Kingsport, Tenn. Authority sought to operate as a common carrier, and the shipments transported by appli­ poration, 327 Sixth Avenue, Menominee, cant will be limited to those moving on Mien. Applicant’s attorney: Michael D. by motor vehicle, over irregular routes, transporting: Phosphoric acid and phos- a through bill of lading or express re­ iwrLvura’* ®p*es Building, Menominee, phatic fertilizer solutions, in bulk, in ceipt, covering, in addition to the motor Mich. Authority sought to operate as a carrier movements by applicant, an im­ common earner, by motor vehicle, over tank vehicles, from Charleston, S.C., to points in Indiana and Kentucky. Ap­ mediately prior or an immediately sub­ eguiar routes, transporting: General sequent movement by rail or air. Appli­ ommodities, except those of unusual plicant is authorized to conduct opera­ tions in Alabama, Arkansas, Delaware, cant is authorized to conduct operations ue, Class'A and B explosives, and Florida, Georgia, Illinois, Indiana, Iowa, throughout the United States. household goods as defined by the Com- Kentucky, Louisiana, Maine, Maryland, No. MC 66562 (Sub No. 1523), filed mission, (l) between the junction of Massachusetts, Mississippi, Missouri, July 8, 1959. Applicant: RAILWAY u.b. Highway 2 and Michigan High­ New Hampshire, New Jersey, New York, EXPRESS AGENCY, INCORPORATED, l y 117, near Engadine, Mich., and 219 East 42d Street, New York 17, N.Y. North Carolina, Ohio, Pennsylvania, Applicant’s attorney: William H. Marx, iv/rf, •¡unc^^on of U.S. Highway 2 and Rhode Island, South Carolina, Ten­ Michigan Highway 28, near Dafter, Law Department, Railway Express nessee, Texas, Vermont, Virginia, West Agency, Incorporated (same address as from the junction of U.S. High- Virginia, Wisconsin^ and the District of applicant). Authority sought to operate y 2 and Michigan Highway 117 Columbia. as a common carrier, by motor vehicle, 5872 NOTICES over a regular route, transporting: Gen­ Applicant’s attorney: William H. Marx, moving in express service, between Bir­ eral commodities, including Class A and Law Department, Rail Express Agency, mingham, Ala., and Selma, Ala., from B explosives, moving in express service, Incorporated (same address as appli­ Birmingham over U.S. Highway 11 to between Bluefield, W. Va., and Norton, cant) . Authority sought to operate as a Bessemer, Ala., thence over Alabama Va., from Bluefield over combined U.S. common carrier, by motor vehicle, over Highway 150 to junction U.S. Highway Highways 19 and 460 to Claypool Hill, a regular route, transporting: General 31, thence over U.S. Highway 31 to junc­ Va., thence over U.S. Highway 460 to commodities, including Class A and B tion Alabama Highway 119, thence over Raven, Va., thence over Virginia High­ explosives, moving in express service, Alabama Highway 119 to Montevallo, way 67 to Honaker, Va., thence over between Franklin, N.H., and Potter Ala., thence east over Alabama Highway Virginia Highway 80 Jbo junction U.S. Place, N.H., from Franklin over New 25 to junction U.S. Highway 31, thence Highway 19, thence over U.S. Highway Hampshire Highway 11 to Potter Place, over U.S. Highway 31 to junction Ala­ 19 to Lebanon, Va., thence over Virginia and return over the same route, serving bama Highway 191, thence over Alabama Highway 71 to junction Alternate U.S. no intermediate points. Applicant states Highway 191 to junction Alabama High­ Highway 58 approximately two miles the service to be performed will be lim­ way 22, thence over Alabama Highway . south of Dickensonville, Va., and thence ited to that which is auxiliary to or 22 to Selma, and return over the same over Alternate U.S. Highway 58 to Nor­ supplemental of express service, and the route, serving the intermediate points of ton, and return over the same route/ shipments transported by applicant will Plantersville, Maplesville, Montevallo, also return from Norton over Alternate be limited to those moving on a through and Bessemer, Ala. Applicant indicates U.S. Highway 58 to junction Virginia bill of lading or express receipt, covering, the proposed service is subject to the Highway 71, thence over Virginia High­ in addition to the motor carrier move­ following conditions: 1. The service to" way 71 to Lebanon, Va., thence over ments by applicant, an immediately be performed by applicant shall be lim­ U.S. Highway 19 to Claypool Hill, Va., prior or an immediately subsequent ited to service which is auxiliary to, or and thence over combined U.S. Highways movement by rail or air. Applicant supplemental of, air or railway express 19 and 460 to Bluefield, serving the inter­ is authorized to conduct operations service. 2. Shipments transported by mediate points of Pounding Mill, Cedar throughout the United States. carrier shall be limited to those moving Bluff, Richlands, Raven, Honaker, St. No. MC 66562 (Sub No. 1526), filed on through bills of lading or express re­ Paul and Coeburn, Va., and the off-route July 11, 1959. Applicant: RAILWAY ceipts covering, in addition to a motor points of North Tazewell, Swords Creek, EXPRESS AGENCY, INCORPORATED, carrier movement by carrier, an immedi­ Finney, Cleveland, and Castlewood, Va. 219 East 42d Street, New York 17, N.Y. ately prior or an immediately subsequent The application indicates the service to Applicant’s attorney: Robert C. Boozer, movement by rail or air. Applicant is be performed will be limited to that Railway Express Agency, Incorporated, authorized to conduct operations which is auxiliary to or supplemental of 1220 The Citizens & Southern National throughout the United States. express service, and the shipments trans­ Bank Building, Atlanta 3, Ga. Author­ No. MC 66562 (Sub No. 1528), filed ported by applicant will be limited to ity sought to operate as a common car­ July 13, 1959. Applicant: RAILWAY those moving on a through bill of lading rier, by motor vehicle, over a regular EXPRESS AGENCY, INCORPORATED, or express receipt. Applicant is author­ route, transporting: General commod­ 219 East 42d Street, New York 17, N.Y. ized to conduct operations throughout ities, including Class A and B explosives, Applicant’s attorney: William H. Marx, the United States. moving in express service, between Law Department, Railway Express No. MC 66562 (Sub No. 1524), filed Mobile, Ala., and Thomasville, Ala., from Agency, Incorporated (same address as July 9, 1959. Applicant: RAILWAY Mobile over U.S. Highway 43 to junction applicant). Authority sought to operate EXPRESS AGENCY, INCORPORATED, U.S. Highway 84, thence over U.S. High­ as a common carrier, by motor vehicle, 219 East 42d Street, New York 17, N.Y. way 84 to Whatley, Ala., thence return over regular routes, transporting: Gen­ Applicant’s attorney: William H. Marx, over U.S. Highway 84 to junction U.S. eral commodities, including Class A and Law Department, Railway Express Highway 43, thence over U.S. Highway B explosives, moving in express service, Agency, Incorporated (same address as 43 to junction unnumbered county road, (1) between Boston, Mass., and Woburn, applicant). Authority sought to operate thence over unnumbered county road 3.1 Mass., from Boston over city streets to as a common carrier, by motor vehicle, miles to Fulton, Ala., thence return over Somerville, Mass., thence over Massa­ over a regular route, transporting: Gen­ unnumbered county road to junction chusetts Highway 38 to Woburn, and re­ eral commodities,including Class A and U.S. Highway 43, thence over U.S. High­ turn over the same route, serving no B explosives, moving in express service, way 43 to Thomasville, and return over intermediate points. (2) Between Con­ between Allentown, Pa., and Lehighton, the same route to Mobile, serving the cord, Mass., and Ayer, Mass., from Con­ Pa., from Allentown over city streets to intermediate points of Mount Vermon, cord over Massachusetts Highway 2 to Catasauqua, Pa., thence over unnum­ Calvert, McIntosh, Jackson, Whatley, junction Massachusetts Highway 27_, bered streets to Northampton, Pa., and Fulton, Ala. Applicant states the thence over Massachusetts Highway 27 thence over Pennsylvania Highway 329 proposed service is subject to the follow­ to junction Massachusetts Highway 2A, to junction Pennsylvania Highway 145, ing conditions: 1. The service to be per­ thenpe over Massachusetts Highway 2A thence over Pennsylvania Highway 145 formed by applicant shall be limited to to Ayer, and return over the same route, to Walnutport, Pa., thence over unnum­ service which is auxiliary to, or supple­ serving no intermediate points. Appli­ bered streets to Slatington, Pa., thence mental of, air or railway express service. cant is authorized to conduct operations over Pennsylvania Highway 29 via Palm- 2. Shipments transported by carrier throughout the United States. erton, Pa„ to Lehighton, and return shall be limited to those moving on Note: Applicant states the proposed route over the same route, serving the inter­ through bills of lading or express re­ between Concord and Ayer is an extension oi ceipts covering, in addition to a motor gynri in connection with its authorized regu­ mediate points of Slatington, Cata­ lar route operations between Boston ana sauqua, Northampton, and Palmerton, carrier movement by carrier, an imme­ Concord, Mass., in MC 66562 (Sub No. 1337). Pa. Applicant states the service to be diately prior or immediately subsequent performed will be limited to that which movement by rail or air. Applicant No. MC 107002 (Sub No. 146), is auxiliary to or supplemental of express is authorized to conduct operations lly 9, 1959. Applicant: W. M. CHAM- service, and the shipments transported throughout the United States. ERS TRUCK LINE, INC., 920 Louisiana by applicant will be limited to those No. MC 66562 (Sub No. 1527), filed oulevard, P.O. Box 547, Kenner, moving on a through bill of lading or July 13, 1959. Applicant: RAILWAY uthority sought to operate as a cow­ express receipt, covering, in addition to EXPRESS AGENCY, INCORPORATED, on carrier, by motor vehicle, over ir- the motor carrier movements by appli­ 219 East 42d Street, New York 17, N.Y. igular routes, transporting: Kesin cant, an immediately prior or an immedi­ Applicant’s attorney: Robert C. Boozer, impound surface coating, in ately subsequent movement by rail or Railway Express Agency, Incorporated, ink vehicles, from Fox, Ala., to Pau““e’ air. Applicant is authorized to conduct 1220 The Citizens & Southern National :aris. Applicant is authorized to con operations throughout the United States. Bank Building, Atlanta 3, Ga. Author­ net operations in Alabama, Arkan . No. MC 66562 (Sub No. 1525), filed ity sought to operate as a common car­ onnecticut, Florida, Georgia, Hup July 10, 1959. Applicant: RAILWAY rier, by motor vehicle, over a regular idiana, Kansas, Kentucky, route, transporting: General commodi­ [aine, Maryland, Massachusetts, w e n EXPRESS AGENCY, INCORPORATED, ran- Minnesota. Mississippi, Missouu, 219 East 42d Street, New York 17, N.Y. ties, including Class A and B explosives, Wednesday, July 22, 1959 FEDERAL REGISTER 5873

New Jersey, New York, North Carolina, P etitions ton 6, D.C. The above-numbered cer­ Ohio, Oklahoma, Pennsylvania, Rhode No. MC 30837 (Sub No. 220) KENOSHA tificates issued to petitioner contain a Island, South Carolina, Tennessee, restriction reading: “The authority Texas, Virginia, West Virginia, Wiscon­ AUTO TRANSPORT CORPORATION EXTENSION—F O R E IG N CARS granted herein is subject to the condi­ sin, and the District of Columbia. (Kenosha, Wis.) tion that neither said carrier, nor any No. MC 107002 (Sub No. 147), filed person or persons controlling, controlled July 9, 1959. Applicant: W. M. CHAM­ No. MC 8989 (Sub No. 159) HOWARD by or under common control with said BERS TRUCK LINE, INC., 920 Louisiana SOBER, INC., EXTENSION—BALTI­ carrier, shall at any time in the future Boulevard, P.O. Box 547, Kenner, La. MORE, MD. (Lansing, Mich.) engage in any commercial enterprise in­ Authority sought to operate as a com­ No. MC 52657 (Sub No. 485) ARCO AUTO volving the performance of transporta­ mon carrier, by motor vehicle, over ir­ CARRIERS, INC., EXTENSION— tion as a private carrier.” By petition regular routes, transporting: Phenol, in BALTIMORE FOREIGN TRAFFIC dated July 14,1959, petitioner prays that bulk, in_ tank vehicles, from Oak Point, (Chicago, 111.) * the condition or restriction be vacated La., to points in Oklahoma and Texas. or stricken and that. an appropriate Applicant is authorized to conduct op­ Upon consideration of petitions of ap­ amended certificate be issued in each erations in Alabama, Arkansas, Connect­ plicants and other parties these pro­ proceeding covered by the instant peti­ icut, Florida, Georgia, Illinois, Indiana, ceedings were reopened for further tion. Failing this, the restriction in ques­ Kansas, Kentucky, 'Louisiana, Maine, hearing by order of the Commission en­ tion be modified or revised to conform Maryland, Massachusetts, Michigan, tered April 6, 1959. The issues involved to those imposed in the Geraci case. Minnesota, Mississippi, Missouri, New were published in the F ederal R egister No. MC 103926 (Sub No. 8) (PETITION Jersey, New York, North Carolina, Ohio, as follows: No. MC 30837 (Sub No. 220), FOR CLARIFICATION AND INTER­ Oklahoma, Pennsylvania, Rhode Island, May 22, 1957; No. MC 8989 (Sub No. 159), PRETATION OF OPERATING AU­ South Carolina, Tennessee, Texas, Vir­ June 13, 1956; and No. MC 52657 (Sub THORITY AND DECLARATORY OR­ ginia, West Virginia, Wisconsin, and the No. 485), July 11, 1956. DER), dated June 17, 1959. Petitioner: District of Columbia. FURTHER HEARING: September 9, W. T. MAYFIELD SONS TRUCKING No. MC 108973 (Sub No. 3), filed July 1959, at the Offices of the Interstate CO., 3881 Bankhead Highway, Atlanta 9, 1959. Applicant: INTERSTATE EX­ Commerce Commission, Washington, 18, Ga. Petitioner’s attorney: R. J. PRESS, INC., 2334 University Avenue, D.C., before Examiner Allan F. Bur­ Reynolds, Jr., 1403 C & S Bank Building, St. Paul, Minn. Applicant’s attorney: roughs. Atlanta 3, Ga. Certificate issued October W. P. Knowles, New Richmond, Wis. P etitions Authority sought to operate as a con­ 25, 1946 in No. MC 104932 (Sub No. 8) tract carrier, by motor vehicle, over ir­ Any -person or persons desiring to authorizes the transportation of: "Con­ regular routes, transporting: Fresh participate in these proceedings may file tractors’ machinery and equipment, over citrus juices,^in cartons, from Columbia, representations supporting or opposing irregular routes, between points and Mo., to points ip. Illinois, Iowa, Nebraska, the relief sought within 30 days after places in Georgia, on the one hand, and, North Dakota, South Dakota!*, Minnesota, the date of this publication in the F ed­ on the other, points and places in Ala­ and Wisconsin, and empty containers eral R egister. bama, Florida, North Carolina, South or other such incidental facilities, used No. MC 30319 (Sub No. 63) PETI­ Carolina, and Tennessee. Concrete pipe, in transporting the above-described TION TO MODIFY A RESTRICTION, over irregular routes, from Atlanta, Ga., commodities, on return. Applicant is dated August 22, 1958, and amended to points and places in Alabama, Florida, authorized to conduct operations in Illi­ PETITION dated September 26, 1958. North Carolina, South Carolina and Ten­ nois, Indiana, Iowa, Kansas, Michigan, Petitioner: SOUTHERN PACIFIC nessee, with no transportation for com­ Minnesota, Missouri, Nebraska, North TRANSPORT COMPANY, 810 North pensation on return exceptas otherwise Dakota, South Dakota, and Wisconsin. San Jacinto Street, Houston, Tex. Peti­ authorized.” Petitioner states that at tioner’s attorney: Edwin N. Bell, 1600 all times petitioner and its predecessor Note: Applicant states it will serve all accounts of the Central States Processors, Esperson Building, Houston 2, Tex. The in interest have transported under said Inc. i restriction reads: "The motor carrier commodity authority contractors’ ma­ service to be performed by carrier shall chinery and equipment regardless of No. MC 112955 (Sub No. 1), filed July be limited to service which is auxiliary whether same is being transported for 13, 1959. Applicant: J. R. GRANHAM, to or supplemental of train service of the or used by private contractors or whether business as GRAHAM TRANSFER, Texas and New Orleans Railroad Com­ such commodities were to be used by 1401 Heistan Place, Memphis, Tenn. Ap- pany. ‘Carrier shall not serve any point military or civilian agencies of the Fed­ plicant’s attorney: Leo Bearman, Suite not a station on the rail lines of the eral Government or by Agencies of the j Sterick Building, Memphis, Tenn. Texas and New Orleans Railroad Com- State, County and Municipal Govern­ Authority sought to operate as a con­ Pany, except Bowie, Brownsville, ments and sub divisions thereof that are tract carrier, by motor vehicle, over reg- Bunkie, Cecelia, Cleon, Deroven, Gray, located within the territory served by uiar routes, transporting: (1) Meat, Humphreys, Henderson Landing, Leleux, petitioner. Petitioner, James J. May- Packing house products, and commodi- Long Bridge, Maurice, Milton, Porte field, President, states that he has been Msused by packing houses, as described Barre, Shuteston, and Tulieu, La., and advised that there is a question as to imii?fend-X *’ A’ B> c > and D> to De- points between Houma, La., on the one their legal authority to transport the r/ tS « ln Motor Carrier Certificates, hand, and, on the other, Montegut, Du- above-named commodities when they truit’f'? ' 209, by means of refrigerated lac, and Theriot, La.’ ” Petitioner prays were not going to be used by a private ini?™ f£0m MemPhis, Tenn., to Mill- that the above restriction be changed to contractor. Petitioner prays “(a) That S h ’ Tenn” over u *s* Highway 51 read: “The motor carrier service to be its existing operating authority as de­ worth senung all intermediate points; performed by carrier shall be limited to scribed in its certificate of public con­ containers or other such service .which is auxiliary to or supple­ venience and necessity issued to it by this thauial facilities> used in transporting mental of train service of the Texas and Honorable Commission in Docket No. MC M niiSVe"described commodities, from New Orleans Railroad Company, except 103926 Sub 8 be formally clarified and t0 MemPtiis, Tenn., at Leonville”, And further, that Leon- interpreted and held to authorize the intermf,'-^lghway 51 North> servihg all ville be added to the list of stations not transportation of the commodities re­ intermediate points. on the Texas and New Orleans Railroad. ferred to hereinabove regardless of 22 i qrq^ (Sub No. 2), filed April No. MC 95540 (Sub No. 130) and Subs whether or not the same are transported Gulks iL APPlicant: GARY T. FULK, 142, 157, 160, 164, 175, 179, 180, 181, 183, from or to, or are to be used by a private operate^1?1’ Va* Authority sought to 184, 187, 190, 191, 192, 195, 207, and 208. contractor, and that a declaratory order vehicle a a ?omm°n carrier, by motor PETITION FOR WAIVER OF RULE to such effect be issued herein, and that ing' Cr£Ih*riirrf gUla'r routes- transport- 101(e) and PETITION FOR RECON­ in the alternative, petitioner’s existing truck* d tone and sand> in dump SIDERATION. Petitioner: WATKINS operating authority be so formally modi­ matelv ..quarries located approxi- MOTOR LINES, INC., Thomasville, Ga. fied or amended as to specifically author­ on rr q *2® i 111® from Harrisonburg, Va„ Petitioner’s attorneys: Joseph H. Black- ize it to transport such commodities shear, Gainesville, Ga., and Wrape and regardless of the nature of the business tonCouS^ wa v l 3 to P°intS in Pendle‘ Hernly, 1624 Eye Street NW., Washing­ No. 142------or occupation of the consignor, the con- 5874 NOTICES signee, or the user thereof, and in such Note: This matter is directly related to way, 618 Perpetual Building, Washing­ an event a declaratory order to such MC-F7252. ton, D.C. Concurrently with the filing effect be issued; and (b) For such other Applications Under Sections 5 and of this application, T.E.K. VAN LINES, and further relief as to this Honorable 210a(b) INC., filed an application on Form Commission seems just and proper in BMC-78 (Docket No. MC-119049) for a the premises.” The following applications are gov­ common carrier certificate to transport erned by the Interstate Commerce Com­ household goods as defined by the Com­ Applications for Certificates or P er­ mission’s special rules governing notice mission, over irregular routes, between m its W hich Are T o Be P rocessed Con­ of filing of applications by motor car­ points in Arizona, Californa, Idaho, currently W ith Applications Under rier of property or passengers under sec­ Nevada, Oregon, Utah, and Washington, Section 5, Governed by I 1.240 to the tion 5(a) and 210a(b) of the Interstate and between points in those States Extent Applicable Commerce Act and certain other pro­ identified above, on the one hand, and, No. MC 2472 (Sub No. 3), filed June cedural matters with respect thereto. on the other, points in Colorado, Louisi-- 24, 1959. Applicant: THE BLAKE (49 CFR 1.240) ana, Missouri, Montana, New Mexico, MOTOR LINES, INCORPORATED, 65 MOTOR CARRIERS OF PROPERTY Texas, and Wyoming. Application has Grant Street, Torrington, Conn. Appli­ not been filed for temporary authority No. MC-F-7247, DENVER-COLO­ under section 210a(b). cant’s attorney; Thomas W. Murrett, RADO SPRINGS-PUEBLO MOTOR 410 Asylum Street, Hartford 3, Conn. Note: No. MC-119049 is a matter directly Authority sought to operate as a common WAY, INC.—PURCHASE (PORTION) — related. carrier, by motor vehicle, over regular AMERICAN BUSLINES, INC., published routes, transporting: General commodi­ in the JULY 15,1959, issue of the F ederal No. MC-F-7254. Authority sought for ties, including commodities in bulk, but R egister. Application filed JULY 13, purchase by ROSS TRANSFER, a excluding articles of unusual value, Class 1959, for temporary authority under sec­ Washington Corporation, East 41 Gray tion 210a(b). Avenue, Spokane, Washington, of the A and B explosives, household goods as No. MC-F—7251. Authority sought for operating rights and property of DALE defined by the Commission, and those re­ purchase by MATSON, INCORPO­ L. ROSS, LESTER E. ROSS and EM­ quiring special equipment, between Tor­ RATED, 2519 16th Ave. (P.O. Box 43), METT A. ROSS, a partnership, doing rington, Conn., and Philadelphia, Pa., Cedar Rapids, Iowa, of a portion of business as ROSS TRANSFER COM­ as follows: From Torrington over Con­ CURTIS - KEAL TRANSPORT COM­ PANY, West 409 Graves Road, Spokane, necticut Highway 25 to New Milford, PANY, INC., East 54th Street and Cleve­ Washington, and for acquisition by F. K. Conn., thence over U.S. Highway 7 to land Shoreway, Cleveland, Ohio, and for HASLUND, JR., 2 Hanford Street, Se­ Danbury, Conn., thence over U.S. High­ acquisition by EDWIN D. MATSON, P.O. attle 4, Washington, of control of such way 6 to Brewster, N.Y., thence' over Box 43, Cedar Rapids, Iowa, of control of rights and property through the pur­ U.S. Highway 202 to Somers, N.Y., thence such rights through the purchase. Ap­ chase. Applicants’ attorney and repre­ over New York Highway 100 to junction plicants’ attorneys: G. H. Dilla, 3350 sentative, respectively: George W. Shoe­ New York Highway 35, thence over New Superior Ave., Cleveland 14, Ohio, and maker, 1327 Old National Bank York Highway 35 to Katonah, N.Y., William A. Landau, 1307 East Walnut Building, Spokane, Washington, and thence over New York Highway 117 to Street, Des Moines, Iowa. Operating E. B. Wellman, Secretary-Treasurer, junction New York Highway 128, thence rights sought to be transferred: Road ROSS TRANSFER, East 41 Gray Av­ over New York Highway 128 to Armonk, building and earth moving machines, as enue, Spokane, Washington. Operating N.Y., thence over New York Highway 22 a common carrier over irregular routes, rights sought to be transferred: General to New York; (also from Torrington over from Cedar Rapids, Iowa, to points in commodities with certain exceptions in­ Connecticut Highway 8 to Stratford, Alabama, Arkansas, Connecticut, Dela­ cluding household goods and commod­ Conn., thence over U.S. Highway 1 to ware, Florida, Georgia, Illinois, Indiana, ities in bulk, as a common carrier over New York, thence continue over U.S. Iowa, Kansas, Kentucky, Louisiana, a regular route, between Spokane, Wash­ Highway 1 to Philadelphia, Pa.), (also Maine, Maryland, Massachusetts, Michi­ ington, and Post Falls, Idaho, and the from New York over U.S. Highway 1 to gan, Minnesota, Mississippi, Missouri, intermediate and off-route points of junction U.S. Highway 130, thence over Nebraska, New Hampshire, New Jersey, Dishman, Vera, Spokane, Bridge, U.S. Highway 130 to junction New Jersey New York, North Carolina, North Da­ Greenacres, Newman, Liberty Lake, Highway 73 near Palmyra, N.J., thence kota, Ohio, Oklahoma, Pennsylvania, Trentwood, Velox, Otis Orchard, and over New Jersey Highway 73 to Phila­ Rhode Island, South Dakota, South Car­ East Farms, Washington, and Heutter, delphia), and return over the above olina, Tennessee, Texas, Vermont, Vir­ Hauser, East Greenacres, Bates Corner, routes to Torrington, serving no inter­ ginia, West Virginia, Wisconsin, and the Pleasant View, and Ross Point, Idaho. mediate points. Applicant is authorized District of Columbia. Vendee is author­ Vendee holds no authority from this to conduct operations in Connecticut, ized to operate as a common carrier in Commission, however, F. K. HASLUND, Massachusetts, New Jersey, New York, Illinois and Iowa. Application has not JR., is the principal stockholder of G) and Pennsylvania. been filed for temporary authority under RIVERSIDE WAREHOUSES, INC., and Note: Applicant states that the purpose of t section 210a(b). (2) SEATTLE TRANSFER & STORAGE this application is to convert its irregular No. MC-F-7252. Authority sought for COMPANY, which are authorized to op­ route authority between Torrington, Conn., control by^ TRANS-AMERICAN VAN erate as common carriers in (1) Wash­ on the one hand, and, on the other Phila­ ington, and (2) Washington and Oregon. delphia, Pa. to regular route authority. This SERVICE, INC., 7540 South Western matter is directly related to MC-F 7214. Ave., Chicago 20, HI., ENGEL BROTH­ Application has not been filed for tem­ ERS, INC., 1179 East Grand Street, porary authority under section 210a(b)* No. MC 119049, filed July 10,1959. Ap­ Elizabeth, N.J., and KINGS VAN & No. MC-F—7255. Authority sought for plicant: T.E.K. VAN LINES, INC., 316 STORAGE, INC., 916 North Broadway, purchase by ROSS TRANSFER, a Wash­ North Bedford Drive, Beverly Hills, Calif. Oklahoma City, Okla., of T.E.K. VAN ington Corporation, East 41 Gray Ave­ Applicant’s attorney: John C. Bradley, LINES, INC., 360 North Bedford Drive, nue, Spokane, Washington, of the op­ 618 Perpetual Building, Washington 4, Beverly Hills, Calif., and for acquisition erating rights of RIVERSIDE WARE­ D.C. Authority sought to operate as a by JOHN J. RAPP, also of Chicago, HOUSES, INC., East 41 Gray Avenue, common carrier, by motor vehicle, over WILLIAM E. ENGEL, JOSEPH W. Spokane, Washington, and for acquisi­ irregular routes, transporting: House­ ENGEL and ANNA ENGEL, all of Eliza­ tion by F. K. HASLUND, JR., 2 Hanford hold goods as defined by the Commission, beth, GLADYS THEUS, WAYNE THEUS Street, Seattle 4, Washington, of control (1) between points in Arizona, Cali­ and MARILYN F. CORSI, all of Okla­ of such rights through the purchase* fornia, Idaho, Nevada, Oregon, Utah and homa City, respectively, of control of Applicants’ attorney and representativ , Washington, and (2) between points in T.E.K. VAN LINES, INC., through the respectively: George W. Shoemake, Arizona, California, Idaho, Nevada, Utah, acquisition by TRANS-AMERICAN VAN 1327 Old National Bank Building, Spo­ Oregon, and Washington, on the one SERVICE, INC., ENGEL BROTHERS, kane, Wash., and E. B. Wellman, Secre­ hand, and, on the other, points in Colo­ INC., and KINGS VAN & STORAGE, tary-Treasurer, ROSS TRANSFER, East rado, Louisiana, Missouri, Montana, New INC. Applicants’ attorney: John C. 41 Gray Avenue, Spokane 2, Washing t* Mexico, Texas, and Wyoming. Bradley, c/o Rice, Carpenter & Carra- Operating rights sought to be tran - Wednesday, July 22, 1959 FEDERAL REGISTER 5875 ferred: General commodities with cer­ L ong-and-S hort H aul tain exceptions including household FSA No. 35559: Grain and grain prod­ OFFICE OF CIVIL AND DEFENSE goods and commodities in bulk, as a ucts—Northern Illinois and Wisconsin common carrier, over irregular routes, to the east. Filed by Traffic Executive MOBILIZATION between points within three miles of Association-Eastern Railroads, Agent AMERICAN SAFETY RAZOR CORP. Spokane, Wash., including Spokane, and (CTR No. 2408), for carriers parties to between Spokane, Wash., on the one schedules listed or referred to below. hand, and, on the other, points not less Deletion From Membership in Integra­ Rates on corn, oats, soybeans, sorghum tion Committee on Small Arms than three nor more than fifteen miles grains, and their products, carloads from of Spokane. Vendee holds no authority points in northern Illinois and Wiscon­ Ammunition from this Commission, however, P. K. sin to Chicago, 111., Kewaunee, and Mil­ HASLUND, JR., is the principal stock­ Pursuant to section 708 of the Defense waukee, Wis., and group points, on traffic Production Act of 1950, as amended,' holder of vendor herein, and SEATTLE destined to the East. TRANSFER & STORAGE COMPANY, there is published the following deletion Grounds for relief: Across country from the list of companies which have which is authorized to operate as a competition with like traffic from nearby accepted the request to participate in common carrier in Washington and Ore­ origins in northern Illinois from which the voluntary plan entitled,-“Plan and gon. Application has not been filed depressed barge-truck competitive rates Regulations of the Ordnance Corps Gov­ for temporary authority under section are maintained, and maintain relation­ erning the Integration Committee on 210a(b). ships. Small Arms Ammunition,” as amended. By the Commission. Tariff: Supplement 138 to Central The request and complete list of accept­ Territory Railroads Tariff Bureau tariff ances were published in 24 F.R. 2759, [seal] H arold D. McCoy, I.C.C. 4403 and other schedules named April 9,1959. Secretary. in the application. FSA No. 35560: Fine coal from Ala­ Deletion IF.R. Doc. 59-6000; Piled, July 21, 1959; 8:47 a.m.] bama points to Port Wentworth, Ga. American Safety Razor Corporation, New Filed by O. W. 'South, Jr., Agent (SFA York, New York. No. A3827), for interested rail carriers. (Sec. 708, 64 Stat. 818, as amended; 50 U.S.C. Rates on bituminous fine coal, in car­ App. Sup. 2158; E.O. 10480, Aug. 14, 1953* loads from Ealine, Fox, Holt and North- 18 F.R. 4939; Reorg. Plan No. 1 of 1958, 23 FOURTH SECTION APPLICATIONS port, Ala., to Poit Wentworth, Ga. F.R. 4991, as amended; E.O. 10773, July 1, FOR RELIEF Grounds for relief: Market competi­ 1958, 23 F.R. 5061; E.O. 10782, Sept. 6, 1958. tion. 23 F.R. 6971) J uly 16,1959. Tariff: Supplement 15 to Southern Protests to the granting of an appli­ Freight Association tariff I.C.C. S-39. Dated: July 7, 1959. cation must be prepared in accordance By the Commission. Leo A. H oegh, with Rule 40 of the general rules of prac­ [seal] Harold D. McCoy, Director, Office of tice (49 CFR 1.40) and filed within 15 Secretary. Civil and Defense Mobilization. days from the date of publication of this [F.R. Do«. 59-5997; Filed, July 21, 1959; [F.R. Doc. 59-6003; Filed, July 21, 1959; notice in the F ederal R egister. 8:46 a.m.] 8:47 a.m.] 5876 NOTICES

CUMULATIVE CODIFICATION GUIDE— JULY A numerical list of the parts of the Code of Federal Regulations affected by documents published to date during July. Proposed rules, as opposed to final actions, are identified as such. 3 CFR Page 7 CFR—Continued page 19 CFR—Continued Pag* Proclamations: Proposed rules—Continued 17—______—— ______5489 3301 ______5327 993______L 5509 24______5755 3302 _____ 5707 1003—______5809 31______5367 3303 ______5773 Executive orders: 8 CFR 21 CFR Feb. 17, 1843______5575 502______5525 l ______- __ 5367 4245 __ 1______5721 9 CFR 9______r______5707 8509______5762 130_—___ ,______...... 5827 78___,______5532 146a______5538 10828______5735 Proposed rules: 10829______5817 Proposed rules: 131— ______5615 46______5391 5 CFR 10 CFR 53______— 5511 6 ___ 5485,5561, 5593,5623, 5773, 5775 Proposed rules: 120——_____ 5345, 5423, 5550 24______5817 20______*______5551 130______— ______5391 25______i______5327 304______:: ______— 5757 325______5357 13 CFR 121______5628 24 CFR 6 CFR 221______5636 10______5329 14 CFR 232.______— 5756 331______f ______5817 4b______5629,5688 421______5437 10______5629, 568825 CFR 464____ 5669 20______5485, 5634 46______5566 483______1______— 5775 40— ______'_____— 5629, 5687, 5688 91______- ______5778 484__ 5777 41______— ______5415, 5629, 5687, 5688 221— ______5367,5539 42—______— — 5629, 5687, 5688 7 CFR 26 (1954) CFR 43______— 5629, 5687, 5688 ___ 5368 51 ______5357, 5684 60______— 5687, 5688, 5759l ______52 __ —;______5363 170______— 5828 221______— _____ — ___—_____ 5564 173-...... — ______5829 301______]— 5561,5686, 5819 235______5600 ___ 5709 318______5819, 5821 241______5603 195—______319 ______—______— 5821, 5823 240— ______5539,5689 507______5415, 5534, 5634252______5789 321______;______I___ 5823 514______5534, 5635 ___ 5636 330______5363 600— ______1______5336, 5760 253— ______352______—- 5823 601 _±______5336, 5760, 5761 Proposed rules: 728______- ______5437, 5710 602 ____ 5336 1—...... ___ 5803 730____ — 5623 609 ______5337, 5341, 5467, 577929 CFR 813______5329 610 ______— 5786 681______5466 845— ______5363 1221______5688 Proposed rules: 863_____ -______5364 Proposed rules: > 8—______5742 904______5329 40 ______5424,5847 909______5626 41 ______—_ 5424, 5847 31 CFR 922______5411, 5593, 5751, 5824 42 ______5424, 5847100______5489 927______- 5735 43 ____ — ______5613 270______5605 934___ 5329 60______5759 32 CFR 936__ - 5330, 5331, 5461-5465, 5595-5597 241 _ 5509 953______-_____ 5413, 5466, 5598, 5753 561______— ___ 5791 242 ______5510 590— ______„ 5711 957 _ 5413 507______‘______5659, 5848 __5711 958 ______—_ 5711 514______5848 591— ______959 ______5599 592______— 5711 600______5723, 5760 596 ______— 5711 969______5824 601— ______5723, 5760, 5761 973______5414 597 ______— 5711 990—______5331 15 CFR 598______— 5711 992 ______1______5414 230______5332 605 ______— 5711 993 ______——_ 5778 371— ______5535 606 ______— 5711 822—______5737 1020______5686 373_____ 5535 5568 1022______5687 379______5535 836______862—;______5756 1067______ft______5825 381 ______5535 _ 5333 Proposed rules: 382 ______5535 875______385______5535 1001-___ i ______5671 52______5372, 5845 1452—______5490,5831 53 _ 5478 16 CFR 1453______5490 55______,— ____ 5421 13_____ 5365,5366, 5416,5417, 5467, 5487, 1457______— 5831 906______5549 5488, 5537, 5538, 5565, 5566, 5603, 1459______5832 925______5372, 5491 5604, 5737, 5753, 5754, 5788, 5826, 1466______5832 933______5391 5827. 946______5758 303------5737 33 CFR 949______5742 60______5605 957______5614 17 CFR 62—______5605 960 ______5645 250______5489 64______5607 961 _, ______5479 66______5607 18 CFR 5607 963____ 5491 260...... — 5755 68______973______5614 70______5608 975______5645 19 CFR 72______5608 989______5577 1 __ 5366 74______5608 992L~______5614 2 ------5366 202______5369 Wednesday, July 22, 1959 FEDERAL REGISTER 5877

33 CFR—Continued Page 43 CFR—Continued Pag0 46 CFR—Continued Page 203------5345, 5369, 5467 Public land orders—Continued Proposed rules: 205___ L------5610 1893 ______5575 201—380_____~______5422 1894 ______5575 36 CFR 1895 ------5638 47 CFR 13______:______5335 1896______5638 2_------’______5611 20...... 1 ______5335, 5832 1897— ______5721 3__------5834 1898_------5741 9------5575 38 CFR 1899 ------5794 10___------5837 3______—______5369 1900 ------5794 11------5637 36------Z______5370 1901 -;— ------5795 12__------5840 39 CFR 1902 ------5795 13------5721 1903 ------5795 31------5842 33...... 5794 1904 ------5796 33 - 5842 45------5794 1905 ------___ 579634 ------5842 111------5610 1906 ------i______r ____ 5796 35 ------s_...... 5842 161______5610 1907 _____ 5797 Proposed rules: 168______._ 5467, 5490, 5832 1908— ------5797 3------5849-5851 42 CFR 7 ------5346 46 CFR 8 ------5346 401------_____ 5335 2------5799 10—------5660 Proposed rules: 10------5799, 5802 11...... :------— 5660 400—.______5345 24 ------r _____ 5800 16------5660 401------j.._____ 5345 25 -- 5800 49 CFR 43 CFR 26 ------5800 30——------5800 72 ------‘------5639 76---- -— ...... 1___ _ 5757 33------5544 73 ------5639 Proposed rules: 70------74__ 5800------5641 115...... 5577, 5808 77 ------5800 77—------5643 Public land orders: 78 ------5544 78------5643 19------5420 90------5800 132------5576 172------5741 96 ------5801 156______5469 1045------5418 97 --- 5544 170----- 5548 1086------5418 110------5801 50 CFR 1885— ______5371, 5757 113------__ 5801104------5491, 1886 ------5371 160------5545 5549, 5644, 5689, 5722, 5741, 5802 1887 --- 5418 167------:____ 5548 107 ------5576 1888 ------.— ______5418 172—------5610, 5757 108 ------5802 1889 ------5419 175------5801 1890 ______5419 109------5802 184------5801 111— ------5335, 5802 1891 ------5420 185—------5801 112------5335 1892*.------5420 187------5802 351------5645