«ONAM,

j C' I SCRIPTA ! A I MANET |

VOLUME 24 ^ O W T E O ^ NUMBER 230

Washington, Wednesday, November 25, 1959

Title 6— AGRICULTURAL Title 14— AERONAUTICS AND CONTENTS Agricultural Marketing Service Pas® CREDIT SPACE Rules and regulations : Chapter III— Farmers Home Adminis­ Chapter III— Federal Aviation Agency Milk in North Central Iowa marketing area; order amend­ tration, Department of Agriculture SUBCHAPTER E— AIR NAVIGATION ing order______9468 SUBCHAPTER B— FARM OWNERSHIP LOANS REGULATIONS Navel oranges grown in Arizona and designated part of Cali­ [FHA Instruction 428.1] [Airspace Docket No. 59-WA-138 ] fornia ______9468 PART 331— POLICIES AND [Arndt. 83] Agricultural Research Service AUTHORITIES PART 600— DESIGNATION OF Rules and regulations: FEDERAL AIRWAYS Tuberculosis in cattle; restric­ Average Values of Farms; Puerto Rico tions on interstate move­ Modification ment______9469 On November 2,1959, for the purposes Agriculture Department of Title I of the Bankhead-Jones Farm On August 22, 1959, a Notice of Pro­ Tenant Act, as amended, the average posed Rule-Making was published in the See also Agricultural Marketing Service; Agricultural Research values of efficient family-type farm- F ederal R egister (24 F.R. 6859) stating management units for 12 of the 25 coun­ that the Federal Aviation Agency was Service; Commodity Stabiliza­ ties identified below were determined to considering an amendment to § 600.6213 tion Service; Farmers Home Administration. be as herein set forth. The average of the regulations of the Administrator Rules and regulations: values heretofore established for said 12 which would modify the segment of VOR Financing of commercial sales counties, which appear in the tabula­ Federal airway No. 213 between Myrtle of surplus commodities for tions of average values under 6 CFR Beach, S.C., and Rocky Mount, N.C. As stated in the Notice, VOR Federal foreign currencies; correc­ 331.17 are superseded by the average tion_-______9467 airway No. 213 presently extends from values set forth below for said counties. Civil Aeronautics Board The average values for Orocovis and Ya- Myrtle Beach, S.C., to Tappahannock, Va. The Federal Aviation Agency is Notices: bucoa counties, appearing in 6 CFR modifying the segment between Myrtle Compagnie Nationale Air 331.17, are deleted. Beach, S.C., and Rocky Mount, N.C. France; hearing______9489 P uerto R ico The present designation of this segment Commerce Department Average Average is via the Myrtle Beach VOR 033° and See Federal Maritime Board. the Rocky Mount VOR 191° radi'als. County value County value Commodity Stabilization Service Adjuntas __ $25. 000 J a y u y a _____$22, 000 Upon the commissioning of the Kinston, Aguadilla__ 25, 000 Juana Diaz 40, 000 N.C., VORTAC at latitude 35°22'12" N., Rules and regulations: A rro y o ____ 22,000 J u n c o s _____ 40,000 longitude 77°33'30" W., on or about Tobacco, flue-cured; apportion­ Barranquitas 30,000 Lares _____ 35,000 March 15, 1960, this segment will be ment of national quota for Bayamon __ 35,000 M a n a t í_____ 30,000 designated via a radial of the Kinston 1960-61 marketing year_____ 9467 Caguas *____ 40,000 Mayaguez _ 25,000 VORTAC to provide more precise navi­ C am uy____ 26,000 P o n c e ______20,000 Farmers Home Administration Carolina 40,000 Rio Grande. 40,000 gational guidance. This segment of Vic­ Rules and regulations : Cayey_____ 24, 000 San German 25,000 tor 213 and its associated control areas Average value of farms, Puerto Ciales _____ 20,000 San Sebas- is hereby designated from the Myrtle R ico ______9465 Comerio 30,000 tian _____ 20,000 Beach VOR to the Rocky Mount VOR via Federal Aviation Agency Corozal____ 25,000 U tu a d o _____ 20,000 the point of intersection of the Kinston Humacao __ 40,000 Y a u c o ______45,000 Proposed rule making : VORTAC 214° and the Rocky Mount Control zone, designation; and (Sec. 41, 50 Stat. 528, as amended; 7 TJ.S.C. VOR 191° radials. The control areas control area extension, modi­ 1015; Order of Acting Sec. of Agric., 19 FJEt. 74, 22.F.R. 8188) associated with this segment of Victor fication ______9480 213 are so designated that they will auto­ Federal airway and control Dated: November 18,1959. matically conform to the modified air­ area; designation______9480 Rules and regulations: H. C. Sm it h , way. Accordingly, no amendment relat­ Acting Administrator, ing to such control areas is necessary. Control zone; modification_____ 9467 Federal airway; modification___ 9465 Farmers Home Administration. No adverse comments were received re­ Federal airway segment and as­ [PR. Doc. 59-9955; Filed, Nov. 24, 1959; garding the proposed amendment. sociated control areas; revo­ 8:47 a.m.] (Continued on next page) cation______9467 9465 9466 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE— Con. Federal Power Commission-— Pa®e 6 CFR Page f e d e r a i M r e g i s t e r Continued 331______— 9465 *v, 1934 Rules and regulations: Proceedings and records; mis­ 7 CFR RE public 7-7500 Extension 3261 cellaneous amendments____ _ 9469 11______:______9467 725______'.______. . . 9467 Published daily, except Sundays, Mondays, Interior Department 914______I______1- 9468 and days following official Federal holidays, 1005_____ ... ______9468 by the Office of the Federal Register, National See also Land Management Bu­ Archives and Records Service, General Serv­ reau. ices Administration, pursuant to the au­ Notices: 9 CFR thority contained in the Federal Register Act, California, Montana, New Mex­ 77______9469 approved July 26, 1935 (49 Stat. 500, as ico and Texas; jurisdiction 14 CFR amended; 44 U.S.C., ch. 8B )r under regula­ over certain lands transferred tions prescribed by the Administrative Com­ 600 (2 documents)______9465, 9467 from Agriculture Department mittee of the Federal Register, approved by 601 (2 documents)______9467 to Interior Department_____ 9488 the President. Distribution is made only by Proposed rules: _ the Superintendent of Documents, Govern­ Internal Revenue Service 600 ______9480 ment Printing Office, Washington 25, D.C. 601 (2 documents)______9480 The F ederal R egister will be furnished by Proposed rule making: mail to subscribers, free of postage, for $1.50 Income tax; taxable years be­ 18 CFR per month or $15.00 per year, payable in ginning after Dec. 31, 1959; advance. The charge for individual copies trademark and trade name 1______9471 (minimum 15 cents) varies in proportion to expenditures------.------9479 154______^______9473 the size of the issue. Remit check or money 157______9474 order, made payable to the Superintendent Interstate Commerce Commis­ 250______9474 of Documents, directly to the Government sion Printing Office, Washington 25, D.C. 20 CFR The regulatory material appearing herein Notices: Is keyed to the Code of F ederal R egulations, Changes in financial interests: 322______... ____ — 9478 which is published, under 50 titles, pursuant Root, Eugene S___—_------9502 325______. . . 9478 to section 11 of the Federal Register Act, as Lyrla, Keith'H—______9502 330______9478 amended August 5, 1953. The Code of F ed­ eral R egulations is sold by the Superin­ Motor carrier: , 26 (1954) CFR Alternate route deviation no­ tendent of Documents. Prices of books and Proposed rules: pocket supplements vary. tices __ !______9502 1______9479 There are no restrictions on the re­ Applications______9493 publication of material appearing in the Proposed rule making : 39 CFR F ederal R egister, or the Code of F ederal Commercial zone, Davenport, R egulations. Iowa-Rock Island and Moline, 25______9477 111.; revision of boundary 43 CFR definition______9483 CONTENTS— Continued Lease and interchange of vehi­ Public land orders: 2020____i ______9474 Federal Communications Com- Fase cles by motor carriers— ---- — 9484 mission Land Management Bureau 47 CFR Notices; Notices: 3 9475 Hearings, etc.: .___ California; small tract classifi­ 21._____ 9476 Cannon Systems, Ltd. (K IE V ), cation.______9486 Proposed rules: et al______:____ 9489 Colorado; proposed withdrawal 10______»...... 9481 Commodity News Service, and reservation of lands..— _ 9486 49 CFR Inc., et al______|______9490 Rules and regulations : Coons, W. D., and Moorer, Alaska; public land o r d e r ...... 9474 Proposed rules: A. E— ______- ____ 9490 170_____ 9483 Desautels, Michael 9490 Post Office Department 207—______9484 Florence Broadcasting Co., Rules and regulations : Inc., et al______9491 Fourth class mail; increased Interested persons have been afforded Montana-Idaho Microwave, postage rates------9477 Inc., et al. (2 documents) _ 9491 an opportunity to participate in the Patterson Shrimp Co., Inc., Railroad Retirement Board making of the rule herein adopted, and et al______9492 Rules and regulations: due consideration has been given to all Williams, Earl A —______9491 Remunerations and benefits; relevant matter presented. Proposed rule making : statutory provisions------9478 In consideration of the foregoing, and pursuant to the authority delegated to i Public safety radio service_____ 9481 Treasury Department Rules and regulations: me by the Administrator (24 F.R. 4530) Domestic public radio services See Internal Revenue Service. § 600.6213, (24 F.R. 3871) is amended as (other than maritime mo­ follows: bile); modulation filter re­ CODIFICATION GUIDE In the text of § 600.6213 VOR Federal quirements ______9476 airway No. 213 (Myrtle Beach, S.C., to Radio broadcast services; inter­ A numerical list of the parts of the Code Tappahannock, Va.) delete “From the of Federal Regulations affected by documents ference standards______;__ 9475 Myrtle Beach, S.C., VOR via the I N T of published in this issue. Proposed rules, as the Myrtle Beach VOR 033° and the opposed to final actions, are identified as Federal Maritime Board Rocky Mount VOR 191° radials;” and such. ¡Notices; substitute therefor “From the Myrtle Pacific Coast-Hawaii and Atlan- A Cumulative Codification Guide covering the current month appears at the end of each Beach, S.C., VOR via the point of INT tic/Gulf-Hawaii; general rate issue beginning with the second issue of the of the Kinston, N.C., VORTAC 214° and increases______9484 month. the Rocky Mount, N.C., VOR 191* Federal Power Commission radials;” . Notices: 3 CFR ?age 1 Hearings, etc.: Executive orders: This amendment shall become effective Chugach Electric Assn., Inc_ 9492 May 4, 1907 (reyoked in part 0001 e.s.t. March 10,1960. Petroleum Leaseholds, Inc___ 9492 by PLO 2020)______9474 (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 Texaco, Inc_,______9493 10787 (see F.R. Doc. 59-9952) _ 9488 U.S.C.1348,1354) Wednesday, November 25, 1959 FEDERAL REGISTER 9467

Issued in Washington, D.Ç., on No­ (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 either side of a line bearing 253° extend­ vember 18,1959. P.S.C. 1348, 1354) ing from the Huntington RBN to a point 10 miles west; and within 2 miles either, G eorge S. Cassady, Issued in Washington, D.C., on No­ Acting Director, Bureau of vember 18, 1959. side of the Tri-State Airport ILS local-' Air Traffic Management. izer northwest course extending from the G eorge S. C assady, localizer to the ILS outer marker. [F.R. Doc. 59-9940; Filed, Nov. 24, 1959; Acting Director, Bureau of 8:45 a.m.] Ait Traffic Management. ■ < This amendment shall become effec-: tive 0001 e.s.t. January 14, 1960. [F.R. Doc. 59-9941; Filed, Nov. 24, 1959; 8:45 a.m.] (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 U.S.C. 1348, 1354) . [Airspace Docket No. 59-WA-185] Issued in Washington, D.C., on Novem­ [Arndt. 121] ber 18, 1959, [Airspace Docket No. 59-NY-5] FART 600— DESIGNATION OF G eorge S. C assady, [Amdt. 148] Acting Director, Bureau of FEDERAL AIRWAYS PART 601— DESIGNATION OF THE Air Traffic Management. „ [Amdt. 147] CONTINENTAL CONTROL AREA, [F. R. Doc. 59-9942; Filed, Nov. 24, 1959; PART 601— DESIGNATION OF THE CONTROL AREAS, CONTROL 8:45 a.m.] CONTINENTAL CONTROL AREA, ZONES, REPORTING POINTS, AND CONTROL AREAS, CONTROL POSITIVE CONTROL ROUTE SEG­ ZONES, REPORTING POINTS, AND MENTS Title 7— AGRICULTURE POSITIVE CONTROL* ROUTE SEG­ Modification of Control Zone Subtitle A— Office of the Secretary of MENTS Agriculture On September 16, 1959, a Notice of Revocation of Segment of Federal Air­ Proposed Rule-Making was published in PART 11— SALES OF AGRICULTURAL way and Associated Control Areas the Federal R egister (24 F.R. 7466) COMMODITIES FOR FOREIGN CUR­ On September 16, 1959, a Notice of stating that the Federal Aviation Agency RENCIES Proposed Rule-Making was published in was considering an amendment to the F ederal R egister (24 F.R. 7465) § 601.2104 of the regulations of the Ad­ Subpart A— Regulations Governing stating that the Federal Aviation Agency ministrator which would modify the the Financing of Commercial Sales was considering an amendment to Huntington, W. Va., control zone. of Surplus Agricultural Commodities 600.6075 and 601.6075 of the regula­ As stated in the Notice, the present for Foreign Currencies tions of the Administrator which would Huntington control zone consists of that revoke a segment of VOR Federal airway airspace within a five-mile radius of the Correction No. 75 and its associated control areas. Huntington Airport, Chesapeake, Ohio, In F.R. Doc. 59-9178, appearing at page • As stated in the Notice, Victor 75 pres­ and the Tri-State Airport, Huntington, 8825 of the issue for Friday, October 30, ently extends from Petersburg, W. Va., W. Va., with extensions to the north and 1959, the following corrections are made: the west. To provide adequate protection to Cleveland, Ohio. The Federal Avia­ 1. The heading of the first codified tion Agency IFR peak-day survey for for aircraft using the new ILS approach to the Tri-State Airport, the Federal section of the document, now reading each half of calendar year 1958 showed “ § 11.10 Definition of terms ", should less than nine aircraft movements on Aviation Agency is adding a control zone extension to the northwest along the read “ § 11.1 Definition of terms." the segment of Victor 75 between Peters­ 2. In § 11.7(b) (4), the word “ content” burg and Morgantown, W. Va. On the ILS localizer northwest course. Addi­ tionally, the ADF approach to the Tri- should read “ contingent.” basis of this survey, the retention of this 3. In § 11.9(b) (6), the phrase "para­ segment, and its associated control areas, State Airport from the north is being cancelled which will permit the revoca­ graph (d) (2) of this section” should read is unjustified as an assignment of air­ “ § 11.12(d) (2) ”. space and the revocation thereof is in the tion of the control zone extension to the public interest. Such action will result north. Such action will result in the in Victor 75 and its associated control Huntington control zone being desig­ areas- extending from Morgantown to nated within a five-mile radius of the Cleveland. Huntington Airport, within a five-mile Chapter VII— Commodity Stabiliza­ No adverse comments were received radius of the Tri-State Airport, within tion Service (Farm Marketing regarding the proposed amendments. . two miles either side of a line bearing Quotas and Acreage Allotments), ' Interested persons have been afforded 253° extending from the Huntington Department of Agriculture an opportunity to participate in the radio beacon to a point ten miles west, making of the rules herein adopted, and and within two miles either side of the PART 725— BURLEY, FLUE-CURED, due consideration has been given to all ILS localizer northwest course extending FIRE-CURED, DARK AIR-CURED, relevant matter presented. from the localizer to the ILS outer marker. AND VIRGINIA SUN-CURED TO­ In consideration of the foregoing, and BACCO pursuant to the authority delegated to No adverse comments were received me by the Administrator (24 F.R. 4530) regarding this amendment. Announcement and Apportionment of Interested persons have been afforded §§600.6075 and 601.6075 (14 CFR 1958 National Marketing Quota-for Flue- Supp., 600.6075, 601.6075) are amended an opportunity to participate in the mak­ to read: ing of the rule herein adopted, and due Cured Tobacco for 1960-61 Market­ consideration has been given to all ing Year § 600.6075 V O R Federal airway No. 75 relevant matter presented. § 725.1101 Basis and purpose. (Morgantown, W. Va., to Cleveland, In consideration of the foregoing, and O hio). pursuant to the authority delegated to (a) Sections 725.1101 and 725.1102 are From the Morgantown, W. Va., VOR me by the Administrator (24 F.R. 4530) issued ( 1) to establish the reserve sup­ via the Wheeling, W. Va., VOR; Navarre, § 601.2104 (14 CFR 1958 Supp., 601.2104) ply level and the total supply of flue- Ohio, VOR; to the Cleveland, Ohio, VOR. is amended to read: cured tobacco for the marketing year § 601.6075 V O R Federal airway No. 75 beginning July 1, 1959; (2) to announce § 601.2104 Huntington, W. Va., control the amount of the national marketing control areas (Morgantown, V . Va., zone. to Cleveland, O hio). quota for flue-cured tobacco for the mar. Within a 5-mile radius of the Hunt­ keting year beginning July 1, 1960; and All of VOR Federal airway No. 75. ington Airport, Chesapeake, Ohio; with­ (3) to apportion such national marketing These amendments shall become ef­ in a 5-mile radius of the T ri-State Air­ quota among the several States. The fective 0001 e.s.t., January 14, 1960. port, Huntington, W. Va.; within 2 miles findings and determinations by the Sec- 9468 RULES AND REGULATIONS

retary contained in § 725.1102 have amended, and converted into State - (i) District 1: 650,000 cartons. been made on the basis of the latest acreage allotments in accordance with (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C, available statistics of the Federal Gov­ section 313(g) of the Act as follows: 601-674) ernment, and after due consideration of Acreage data, views, and recommendations re­ State allotment Dated; November 20, 1959. ceived from flue-cured tobacco producers A la b a m a ______603.1 S. R. Sm it h , and others as provided in a notice (24 Florida ______15,184. 6 Director, Fruit and Vegetable i F.R. 8237) given in accordance with the Georgia ______72, 443. 6 Division, Agricultural Mar­ North Carolina Administrative Procedure Act (5 U.S.C. 470, 847. 9 keting Service. 1003). South Carolina 82, 823. 9 Virginia _____ :___ 71,518.7 [F.R. Doc. 59-9980; Filed, Nov. 24, 1959; (b) Since flue-cured tobacco producers Reserve1 ___ 1, 788.1 will soon be making their plans for pro­ 8:50 a.m.] duction of flue-cured tobacco in 1960, 1 Acreage reserved for establishing allot' it is hereby found that compliance with ments for new farms. the 30-day effective date provision of the (Sec. 375, 52 Stat. 66, as amended; 7 TJ.S.C. [Milk Order 105] Administrative Procedure Act is imprac­ 1375. Interpret or apply secs. 301, 312, 313, ticable and contrary to the public inter­ 52 Stat. 38, 46, 47, as amended; 7 U.S.C. 1301, PART 1005— MILK IN NORTH CEN­ 1312, 1313) est. Therefore, the announcement and TRAL IOWA MARKETING AREA apportionment of the national market­ Issued at Washington, D.C. this 23d ing quota for flue-cured tobacco for the day of November 1959. Order Amending Order 1960-61 marketing year contained here­ § 1005.0 ‘ Findings and determinations. in shall become effective upon the date T rue D. M orse, of filing with the Director, Division of ,Acting Secretary. The findings and determinations here­ the Federal Register. [F R . Doc. 59-1003; Filed, Nov. 23, 1959;' inafter set forth are supplementary and 1:50 p.m.] in addition to the findings and deter­ § 725.1102 Findings and determinations minations previously made in connection with respect to the national market­ with the issuance of the aforesaid order ing quota for flue-cured tobacco for and all of the said previous findings and the marketing year beginning July 1, determinations are hereby ratified and 1960. Chapter IX— Agricultural Marketing affirmed, except insofar as such findings (a) Reserve supply level* The reserve Service (Marketing Agreements and and determinations may be in conflict supply level for flue-cured tobacco is Orders), Department of Agriculture with the findings and determinations set 2,991.4 million pounds, calculated, as [Navel Orange Reg. 170, Arndt. 1] forth herein. provided in the Agricultural Adjustment (a) Findings upon the basis of the Act of 1938, as amended, from a normal PART 914 — NAVEL ORANGES hearing record. Pursuant to the provi- year’s domestic consumption of 760.0 GROWN IN ARIZONA AND DESIG­ -sions of the Agricultural Marketing million pounds and a normal year’s NATED PART OF CALIFORNIA Agreement Act of 1937, as amended’ (7 exports of 460.0 million pounds. Ü.S.C. 601 et seq.), and the applicable (b) Total supply. The total supply Limitation of Handling rules of practice and procedure govern­ of flue-cured tobacco for the marketing ing the formulation of marketing agree­ year beginning July 1, 1959, is 3,290.5 j Findings. 1. Pursuant to the mar­ ments and marketing orders (7 CFR Part million pounds, consisting of carry-over keting agreement, as amended, and 900), a public hearing was held upon of 2,210.4 million pounds and estimated Order No. 14, as amended (7 CFR Part ' certain proposed amendments to the ten­ 1959 production of 1,080.1 million pounds. 914), regulating the handling of navel tative marketing agreement and to the (c) Carry-over. The estimated carry­ oranges grown in Arizona and designatçd order regulating the handling of milk over of flue-cured tobacco at the begin­ part of California, effective under the in the North Central Iowa marketing ning of the marketing year for such applicable provisions of the Agricultural area. Upon the basis of the evidence tobacco beginning July 1, 1960, is 2,092.6 Marketing Agreement Act of 1937, as introduced at such hearing and the rec­ million pounds, calculated by subtracting amended (7 UJ3.C. 601-674), and upon ord thereof, it is found that: the estimated disappearance for the the basis of the recommendation and (1) The said order as hereby amended, marketing year beginning July 1, 1959, information submitted by the Navel and all of the terms and conditions of 1,197.9 million pounds from the total Orange Administrative Committee, es­ thereof, will tend to effectuate the de­ supply of such tobacco. tablished under the said amended mar­ clared policy of the Act; (d) National marketing quota. The keting agreement and order, and upon (2) The parity prices of milk, as deter­ amount of flue-cured tobacco which will other available information, it is hereby mined pursuant to section 2 of the Act, make available during the marketing found that the limitation of handling are not' reasonable in view of the price year beginning Jtily 1, 1960, a supply of of such navel oranges as hereinafter of feeds, available supplies of feeds, and flue-cured tobacco equal to the reserve provided will tend to effectuate the de­ other economic conditions which affect supply level of such tobacco is 898.8 mil­ clared policy of the act. market supply and demand for milk in lion pounds, and a national marketing 2. It is hereby further found that it the said marketing area, and the mini­ quota of such amount is hereby an­ is impracticable and contrary to the pub­ mum prices specified in the order as nounced. It is determined, however, lic interest to give preliminary notice, en­ hereby amended, are such prices as will that a national marketing quota in the gage in public rule-making procedure, reflect the aforesaid factors, insure a amount of 898.8 million pounds would and postpone the effective date of this sufficient quantity of purq and whole­ result in undue restriction of marketing amendment until 30 days after publica­ some milk, and be in the public interest; during the 1960-61 marketing year and tion hereof in the F ederal R egister (3) The said order as hereby amend­ such amount is hereby increased by 20 (5 U.S.C. 1001-1011) because the time ed, regulates the handling of milk in percent. Therefore, the amount of the intervening between the date when in­ the same manner as, and is applicable national marketing quota for flue-cured formation upon which this amendment only to persons in the respective classes tobacco in terms of the total quantity of is based became available and the time of industrial or commercial activity such tobacco which may be marketed when this amendment must become specified in, a marketing agreement upon during the marketing year beginning effective in order to effectuate the de­ which a hearing has been held. July 1, 1960, is 1,078.6 million pounds. clared policy of the act is insufficient, (4) All milk and milk products han­ (e) Apportionment of the quota. and this amendment relieves restrictions dled by handlers, as defined in the order The national marketing quota is hereby on the handling of navel oranges grown as hereby amended, are in the current apportioned among the several States in Arizona and designated part of of interstate commerce or directly bur­ pursuant to section 313(a) of the Agri­ California. den, obstruct, or affect interstate com­ cultural Adjustment Act of 1938, as Order, as amended. The provisions in merce in milk or its products; and paragraph (b) (1) (i) of § 914.470 (Navel (5) It is hereby found that the neces­ 1 Rounded to the 'nearest tenth of a mil­ Orange Regulation 170, 24 F.R. 9258) sary expense o f the market administrator lion pounds. are hereby amended to read as follows; for the maintenance and functioning of Wednesday, November 25, 1959 FEDERAL REGISTER 9469 such agency will require the payment by all in the State of Iowa, including terri­ This amendment removes all of the each handler, as his pro rata, share of tory within such boundaries which is State of Hawaii from the areas desig­ such expense 4 cents per hundredweight occupied by government (Municipal, nated as modified accredited areas be­ or such amount not to exceed 4 cents per State, or Federal) reservations, installa­ cause it does not meet the qualifications hundredweight as the Secretary may tions, institutions or other establish­ of such an area as set out in § 77.3. prescribe, with respect to butterfat and ments. This amendment imposes certain re­ skim milk contained in (i) producer milk, strictions necessary to prevent the spread 2. Amend § 1005.12 to read as follows: (ii) other source milk at a pool plant of tuberculosis in cattle and should be which is allocated to Class I milk pursu­ § 1005.12 Handler. made effective promptly in order to ac­ ant to § 1005.46, and (iii) Class I milk “ Handler” means : s complish its purpose in the public inter­ disposed of in the marketing area (ex­ (a) Any person in his capacity as the est. Therefore, under section 4 of the cept to pood plants) from a nonpool plant operator of one or more distributing or Administrative Procedure Act (5 U.S.C. not subject to the classification and pric­ supply plants. 1003), it is found upon good cause that ing provisions of another order issued (b) A cooperative association with notice and other public procedure with pursuant to the Act. • respect to Grade A milk received from respect to this amendment are imprac­ (b ) Additional findings. (1) It is nec­ dairy farmers in a tank truck, the opera­ ticable and good cause is found for mak­ essary in the public interest to make this tion of which is under the control of ing the amendment effective less than 30 order amending the order effective not such cooperative association, and de­ days after publication in the F ederal later than December i, 1959. livered in such tank truck to a pool R eg iste r . (2) The provisions of the said order plant: Provided, That such milk shall be Done at Washington, D.C., this 20th are known to handlers. The recom­ deemed to have been received directly day of November 1959. mended decision of the Deputy Adminis­ from producers at the location of the R . J. A n d e r s o n , trator of the Agricultural Marketing pool plant by the operator of the pool Director, Animal Disease Erad­ Service was issued September 29, 1959, plant to which it is delivered by the ication Division, Agricultural and the decision of the Assistant Secre­ tank truck. tary .containing all amendment provi­ Research Service. sions of this order issued October 27, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) [F E . Doc. 59-9918; Filed, Nov. 24, 1959; 1959. The changes effected by this order 8:45 a.m.] will not require extensive preparation or Issued at Washington, D.C., this 2pth substantial alteration in method of op­ day of November 1959, to be effectivé on eration for handlers. In view of the and after the 1st day of December 1959. foregoing, it is hereby found and deter­ Title 18— CONSERVATION mined that good cause exists for making C lar en c e L. M il l e r , Assistant Secretary. this order amending the order effective OF POWER December 1, 1959, and that it would be [F.R. Doc. 59-9957; Filed, Nov. 24, 1959; contrary to the public interest to delay 8:47 a.m.] Chapter I— Federal Power the effective date of this amendment for Commission 30 days after its publication in the F ed­ [Docket No. R-177; Order 217[ eral R eg ister . (See sec. 4(c) Adminis­ trative Procedure Act, 5 U.S,C. 1001 Title 9— ANIMALS AND PROCEEDINGS AND RECORDS etseq.) (c) Determinations. It is hereby de­ ANIMAL PRODUCTS Miscellaneous Amendments termined that: Chapter I— Agricultural Research N o v e m b e r 20,1959. (1) The refusal or failure of handlers Service, Department of Agriculture By letter dated June 11,1959, the Fed­ (excluding cooperative associations spec­ eral Power Bar Association submitted to ified in section 8c(9) of the Act) of more SUBCHAPTER C— INTERSTATE TRANSPORTATION the Commission for its consideration a than 50 percent of the milk, which is OF ANIMALS AND POULTRY series of proposed amendments to its marketed within the marketing area, to PART 77— TUBERCULOSIS IN CATTLE rules and regulations designed to expe­ sign a proposed marketing agreement, dite hearings and shorten the records tend to prevent the effectuation of the Restrictions on Interstate Movement of thereof. Although no public notice is declared policy of the Act; Cattle Because of Tuberculosis required by the Administrative Pro­ (2) The issuance of this order, amend­ cedure Act prior to the adoption of ing the order, is.the only practical means Pursuant to § 77.3, as amended, of the amendments of this type, the Commis­ pursuant to the declared policy of the regulations restricting the movement of sion was desirous of obtaining the views Act of advancing the interests of pro­ cattle because of tuberculosis (9 CFR of the practitioners and members of the ducers as defined in the order as hereby Part 77), issued under the provisions of industries primarily affected thereby, amended; and sections 1 and 2 of the Act of February and initiated a formal proceeding by (3) The issuance of the order amend­ 2, 1903, as amended, and sections 4 and issuing a notice of proposed rulemaking ing the order is approved or favored by 5 of the Act of May 29,1884, as amended which was published in the F ederal at least three-fourths of the producers (21 U.S.C. 111-113, 120, 121), § 77.3a (24 R egister on August 15, 1959 (24 F.R. who participated in a referendum and F.R. 8544) of Part 77, Subchapter C, 6653). Copies were mailed to interested who during the determined representa­ Chapter I, Title 9, Code of Federal Reg­ persons including State regulatory com­ tive period were engaged in the produc­ ulations, is hereby amended to read as missions. Submittals received in re­ tion of milk for sale in the marketing follows: sponse to the notice expressed general area. § 77.3a Modified accredited areas. agreement with the amendments pro­ Order relative to handling. The order posed and several suggested specific The following areas are hereby desig­ is hereby amended as follows: changes, mostly of a clarifying nature. nated as modified accredited areas: The 1. Amend § 1005.6 to read as follows:, These changed, to a large degree, have District of Columbia and all States and been adopted in the amendments herein­ § 1005.6 North Central Iowa marketing Territories of the United States other after ordered. In particular, one sub­ area. than the State of Hawaii. mittal suggested a change in tjie pro­ , “North Central Iowa marketing area” (Secs. 4, 5, 23 Stat. 32, as amended, secs. 1, posed amendment to § 154.94(e) which (hereinafter called the “ marketing 2, 32 Stat. 791-792, as amended, 41 -Stat. 699; require the producer to submit informa­ area”) means all the territory within 21 U.S.C. 111-113, 116, 120, 121. Interpret or tion and data in connection with rate the boundaries of the city of Osage and apply secs. 6, 7, 23 Stat. 32, as amended; 21 changes. The suggestion, which we are the counties of Black Hawk, Bremer, U.S.C. 115, 117, 19 F.R. 74, as amended; 9 adopting, will relieve the producer of CFR 77.3, as amended) Buchanan, Butler, Cerro Gordo, Chick­ filing a portion of the information re­ asaw, Fayette, Floyd, Franklin, Grundy, Effective date. This amendment shall quired in many cases where the informa­ Hamilton, Hancock, Hardin, Humboldt, become effective upon publication in the tion is not necessary to the Commission’s Marshall, Tama, Webster, and Wright, F ederal R e g ist e r . consideration of a proposed rate change. 9470 RULES AND REGULATIONS

Since strenuous objection was made to Tf the conference procedure has been to the presiding officer, the lawyers and the proposed amendment to § 1.20(h ), successfully employed, the detailed evi­ their consultants. The course should be redesignated § 1.26(c), relating to pre­ dence needed can be presented most followed which is most acceptable to the pared testimony, consideration thereof expeditiously and will be more closely participants and which assures the will be postponed and no action thereon confined to the legal and factual matters greatest prospect of success of the will be taken at this time. * in controversy and limited to points conference. The ultimate objective of the amend­ within larger issues. Under present pro­ Ordinarily, the conference discussion ments herein adopted is, as stated above, cedures, at the opening of a hearing the will not be recorded by a reporter. Full to expedite the Commission’s hearing issues are rarely defined. and free exchange should be encouraged proceedings. That objective is intended One who views a hearing as a contest and concessions invited. It should be to be accomplished by a more extensive of legal skill and ingenuity, and has not made very clear that concessions pro­ use of conference procedures both prior yet, in Commission proceedings, been posed, but which are not productive, may to and during hearings, and the para­ disillusioned will perhaps accept the con­ not thereafter be used to the prejudice of graphs which follow give some expres­ ference technique with some reluctance. the offerer. sion of the Commission’s Views with re­ The conference procedure will be found In any instance in which the presiding spect to the use of such procedures. effective only by those who earnestly officer or one or more of the parties feels The administrative process was insti­ desire a reduction in the days devoted to that compromise might prove successful tuted as a practical solution to a very hearing, the pages of transcript and the' by the temporary withdrawal of the pre­ practical problem*, namely, the prompt number and bulk of the exhibits and the siding officer, the presiding officer may, and expeditious disposition of a great time required for decisions. Rules alone upon his own initiative or will, upon volume of proceedings, usually technical cannot assure success. request, withdraw from the conference. and complex, which the courts were not In addition to an ardent and active As has been indicated, the conference equipped to handle. interest in accomplishing these objec­ cannot be expected to be successful un­ Today, the administrative process is tives one must enter upon a conference less all of the participants are prepared under considerable criticism because of prior to or during hearings, ( 1) in a and each knows the definite objective he the alleged failure of administrative spirit of fairness and candor, (2) with an wishes to achieve. The attorneys should agencies to fulfill this promise of prompt adequate knowledge of the case, and (3) be prepared to declare their views as to and expeditious disposition of proceed­ with the authority to bind, to the extent what the exact issues of law and fact ings. The administrative process has that such is necessary, the parties whom are that have to be litigated and state been slowed in many cases to the point he represents. definite positions as to each. They where its usefulness is seriously impaired Under the amendments adopted today, should come prepared to make such ad­ and is, in fact, being questioned. It is it is contemplated that the initial notice missions of fact as they consider appro­ essential, then, that every effort, con­ or order initiating a hearing will specify priate and what they wish and expect sistent with the public interest and the the deadline for the filing of petitions to their opponents to concede. rights of all of the parties to the Com­ intervene, which would be a reasonably The presiding officer may begin the mission’s proceedings, be made to reduce prompt date, but would not fix the date conference by stating his understanding the retarding influences. The use of the- of hearing itself, except in cases to be of the case. Counsel for the party hav­ conference procedures prior to and dur­ handled under a shortened procedure or ing the duty to go forward first at the ing hearings, the Commission believes, in other cases deemed appropriate by the hearing may then be ealled upon to make offers opportunity for significant success Commission. The presiding officer would a careful and concrete statement of the in those efforts. be designated in the notice or order factual elements of his case and his legal Although it will be found to have some initiating the hearing. contentions. By questions from the con­ value in almost every case, the confer­ Under his designation, the presiding ferees and the presiding officer, counsel ence procedure is principally intended officer will review and, as far as possible, may be asked to elaborate in more detail for use, and will be found most useful, in familiarize himself with the filings made on certain aspects of his proposed pres­ the more complicated and important by the parties in the proceeding. Fol­ entation or to clarify certain features. proceedings. Its ultimate purpose is to lowing action on the petitions to inter­ Counsel for other parties and the staff shorten the period between the date on vene, the presiding officer will carefully will then be called upon to state their which a hearing is initiated and that on weigh the chances of conserving time, respective positions in order that the which the final order of the Commission expense and the hearing record by means area or areas of disagreement may be is issued disposing of the matter. This discovered and defined. purpose will be achieved by shortening of a conference prior to hearing. If, after such consideration, he should con­ Instances will occur in which counsel the period devoted to the public hearing, is .prepared to make neither admission, shortening the record which must be clude that such a step will prove fruitful and some such saving could be accom­ nor denial, or to f urnish the other parties studied and reviewed by the Hearing with desired data. I f such data are nar­ Examiner and the Commission, and plished, he will direct that such a con­ ference be held for the purposes set out row in scope, arrangements should be simplifying that record so that a lesser made to make it available prior to the period of time will be needed for such in § 1.18 of the Commission’s rules; and having regard for "the convenience and convening of the hearing. If it is more study and review. extensive and the position of the other The objective will be obtained by (1) necessity of the staff of the Commission and the parties, to fix a time and place parties may be dependent upon it to a discussion in advance of the hearing of substantial extent, arrangements should the most expeditious manner and order for the convening thereof, giving, unless otherwise agreed upon by the parties and be made to provide the data and the con­ of presentation, (2) the segregation of ference may be recessed until the re­ the features of the case concerning' participants, at least fifteen days notice thereof. Attendance should be manda­ quired data can be supplied. It should which there is to be controversy from be understood that the number of such tory. The attorney who is to try the those on which there will not, and the conferences is not limited but they may legal from the factual matters in dispute, case or one who has equal knowledge of be employed so long as there is the pos­ (3) stipulation as to undisputed legal and it and equal authority to act should be sibility that the basic purpose can be factual matters so as to avoid the neces­ present for each participant. furthered. sity for detailed proof with respect to Since the success of such a conference It may develop that one of the parties them, and (4) exploration of the legal is founded upon the desire of the partic­ proposes to present a line of evidence to and factual matters upon which there is ipants to conserve time and effort and which one or more of the others will have controversy, (a) to determine the extent a willingness on their part to discuss objection and the ruling upon which will of the differences and the possibility of agreement with respect to at least por­ frankly and understandingly the prob­ be appealed. The discussion may dis­ tions of them, and (b) to identify and lems involved, the conference should be close the advisability of a procedure agree upon limited treatment of those held in a climate most, conducive to ad­ which would enable the parties to get a matters which, although in dispute, do missions and concessions. ruling from the Commission without the not have an important bearing upon the This immediately raises the question necessity of assembling and producing issues upon which the case will ulti­ whether such conference should be open in its entirety immediately the factual mately turn. to the public and the press or confined proof contemplated. Wednesday, November 25, 1959 FEDERAL REGISTER 9471

There should be no attempt by the pre­ March 1955. (See Recommendation E. PART 1— RULES OF PRACTICE AND siding officer, or anyone else to compel 10, page 38 of Report, and Comment on PROCEDURE agreements on controverted matters. pages 74-76 of Report.) The Commis­ At the end of the conference, the ob­ sion feels that the wider use of this . § 1.8 f Amendment] jective would be the issuance of a ruling technique would make a substantial con­ Section 1.8 Intervention, is amended by by the presiding officer which would re­ tribution toward reducing the time pres­ amending paragraph (d) to read: cite the action taken at the conference ently devoted to clarifying questions in (d) Filing and service of petitions. and the agreements reached by the par­ open hearings, reducing the length of ties, if any, as to any. of the matters con­ recesses required to prepare for cross- Petitions to intervene and notices of in­ sidered. Such an order would limit the* examination, and making it possible for tervention may be filed at any time fol­ issues for hearing' to those not disposed the parties to come to the hearing more lowing the filing of a notice of. rate or of by admissions or agreements, and it fully prepared, with the result that in­ tariff change, or of an application, peti­ would control the subsequent course of terrogation of witnesses could more suc­ tion, complaint, or other document seek­ the proceedings unless modified for good cessfully be limited to material points. ing Commission action, but in no event cause by a subsequent order. (See Presi­ The Commission recognizes, however, later than the date fixed for the filing dent’s Conference on Administrative that advance distribution of such mate­ of petitions to intervene in any order or Procedure, Recommendation 9, page 37.) rial can accomplish little unless the par­ notice with respect to the proceedings Various techniques can be used to ac­ ties will devote the time to make a full issued by the Commission or its Secre­ complish the drafting of such an order. study of such material prior to the hear­ tary, unless, in extraordinary circum­ One method, which is used successfully ing. The Commission will therefore ex­ stances for good cause shown, the by some courts in their prehearing con­ pect that, where this technique is used, Commission authorizes a late filing. ference procedure, involves calling in a the parties will make the time to take Service shall be made as provided in stenographer, whenever a given problem full advantage of such material. § 1.17. Where a personhas been permit­ has been fully discussed and agreement The Commission has considered the ted to intervene notwithstanding his reached, for the purpose of recording the proposed amendments as published on failure to file his petition within the time agreement. The presiding officer, with August 15, 1959, and the comments, prescribed in this paragraph, the Com­ the aid of such contributions or sugges­ thereon, in the light of its experience mission or officer .designated to preside tions? as the parties might offer, would under the existing rules and regulations. may, where the circumstances warrant, dictate the specific provision to be in­ It gave particular consideration to the permit the waiver of the requirements cluded in the order disposing of that par­ alternative proposals to amend § 1.18(d) of 11.26(c) (5) with respect to copies ticular matter. By that procedure, and concludes that the additional au­ of exhibits for such intervener. shortly after the conclusion of the con­ thority granted the presiding examiner § 1.12 [Amendment] ference, the complete order could be by the second proposal (p. 4A of attach­ transcribed and then submitted to the ment to notice) will be more conducive Section 1.12 Motions, is amended by parties for their comments. Parties to to the basic purposes of the amendments. adding a new paragraph (e) as follows: the conference should be afforded the op­ In view of the foregoing, the Commis­ (e) Commission action. With respect portunity to record their objections on sion finds: to any motion filed with the Com­ the record at the hearing jto the ruling (1) The amendments herein adoptedmission after a hearing has com­ as finally adopted by the presiding officer. are necessary and appropriate to carry menced, or made to a presiding examiner In the course of the conference, there out the provisions of the Federal Power after a hearing has commenced and re­ will be discussed the number and the and Natural Gas Acts. ferred to the Commission, unless the names of witnesses to be called to sup­ • The Commission, acting pursuant to port issues not stipulated upon or only the authority granted by the Federal Commission acts within 30 days after partially stipulated upon, the nature of Power Act, particularly sections 308 and such filing or referral, whichever is later, such evidence, the manner in which the 309 thereof (16 U.S.C. 825g, 825h), and the motion shall be deemed to have been party who will call them wishes to ad­ the Natural Gas Act, particularly sec­ denied. The presiding examiner shall duce it, and such, other arrangements as tions 4, 5, 7, 15, and 16 thereof (16 U.S.C. notify the parties to the proceeding of are necessary t6 assure a full and fair 717c, 717d, 717f, 717n, and 717o), orders: the date on which a motion is referred hearing on the disputed issues in the (A ) Part 1, Rules of Practice and Pro­ to the Commission either by an an­ shortest possible time. cedure, of Subchapter A, General Rules, nouncement on the record where the At the conclusion of the conference, Chap. I of Title 18, Code of Federal Reg­ hearing is in session or by written notice after obtaining the views of the parties, ulations, is amended to prescribe therein' if the hearing is in recess. the presiding officer, subject to the ap­ the new or amended sections set out proval of the Chief Hearing Examiner, below. § 1.14 [Amendment] would determine the date upon which (B) Part 154, Rate Schedules and Section 1.14 Filings, docket, hearing the public hearing should be scheduled Tariffs, and Part 157, Applications for calendar, is amended by amending sub- to commence and would thereupon issue Certificates of Public Convenience and paragraph (2) of paragraph (c), Hear­ Necessity, of Subchapter E, Regulations a notice of hearing fixing the time and ing calendar, to read: place thereof. Under the Natural Gas Act, Chap. I of The Commission expects that the use Title 18, Code of Federal Regulations, (2) In the absence of cause requiring of the conference procedure will result are amended to prescribe therein the otherwise, and as time, the nature of the in shorter hearings and records. Ac­ new or amended sections set out below. proceedings, and the proper execution of cordingly, its policy will be to use that (C) Part 250, Forms, of Subchapter the Commission’s functions permit, mat­ procedure in every possible instance. In G, Approved Forms, Natural Gas Act, ters required to be determined upon the addition to the "matters outlined above, Chap. I of Title 18, Code of Federal Reg­ record after hearing or opportunity for ulations, is amended by adding a new the Commission hereby expresses its hearing will be placed upon the hearing policy to encourage the use of the tech­ § 250.5 as set out below. nique of advance distribution of pro­ (D) Consideration of the proposed calendar. Proceedings pending upon posed exhibits and of prepared written amendment to § 1.20(h ), redesignated this calendar will in their order of as­ testimony required to explain such ex­ §1.26(c) (2) (iii), as set out in the notice signment, so far as practicable, be heard hibits, reasonably in advance o f the of proposed rulemaking, is postponed. at the times and places fixed by the hearing session at which they are to be (E) The amendments- herein pre­ Commission, its Secretary, or the officer offered—wherever it appears that this scribed shall become effective January 1, designated to preside, giving due regard would make a substantial contribution to 1960. to the convenience and necessity of the expediting the proceeding, and would not (F) The Secretary shall cause prompt parties or their attorneys; however, in publication of this order to be made in impose an undue burden upon the party its discretion with or without motion, the the F ederal R e g ist e r . involved. This was one of the important Commission or its Secretary, for cause recommendations of the President’s By the Commission. may at any time with due notice to the Conference on Administrative Proce­ Joseph H. G t^ ride, parties advance or postpone any pro­ dure, submitted to the President nv Secretary. ceeding on the hearing calendar. 9472 RULES AND REGULATIONS

§ 1.18 [Amendment] of the proceeding through the technique (2) Except where notice or hearing Section 1.18 Prehearing conferences; of advance distribution of proposed ex­ is required by statute, the Commission offers of settlement, is amended as hibits and written prepared testimony may issue at any time rules of organiza­ follows : reasonably in advance of the hearing tion, procedure or practice, or interpreta­ 1. Delete the word “Prehearing” from session, the order may also, subject to tive rules, or statements of policy, with­ the caption. the discretion of the presiding exam­ out notice or public proceedings; and iner and with due regard for the con­ (3) This section is not to be construed 2. Amend paragraph (a), the intro­ venience and necessity of the parties or ductory paragraph of (b ), and paragraph as applicable to the extent that there their attorneys, the Commission’s staff may be involved any military, naval or (c) and (d) and add a new paragraph or staff counsel, include a direction for foreign affairs function of the United (f ) to read: such advance distribution by a date fixed States, or any matter relating to the (a) To adjust or settle proceedings. by the presiding examiner. Prior to the Commission’s management or personnel, In order to provide opportunity for the issuance of the order or ruling, however, or to United States property, loans, submission and consideration of facts, it shall be submitted to the conference grants, benefits, or contracts. arguments, offers of settlement, or pro­ participants for comment. An appeal (b) Other proceeding. In proceed­ posals of adjustment, for settlement of a may be taken to the Commission im­ ings other than those referred to in proceeding, or any of the issues therein, mediately from any ruling included in paragraph (a) of this section all notices or consideration of means by which the the presiding examiner’s order over the and orders initiating hearings described conduct of the hearing may be facilitated objection of any party. The order or in § 1.20(a) shall be published in the and the disposition of the proceeding ex­ ruling shall be spread upon the record F ederal R eg ister . In the case of a no­ pedited, conferences between the parties at the session of the hearing next follow­ tice or order initiating a hearing with­ to the proceeding and staff for such pur­ ing the issuance of the order or ruling, out specifying the time and place thereof poses may be held at any time prior to or and shall be binding on the parties and such notice or order shall be published during such hearings before the Com­ staff counsel. in the F ederal R egister not less than mission or the officer designated to pre­ * * * * * fifteen (15) days prior to the date fixed side thereat as time, the nature of the (f) Refusal to make admissions ortherein for the filing of protests, peti­ proceeding, and the public interest may stipulate. If a party attending a con­ tions to intervene and «notices of inter­ permit. ference convened pursuant to this sec­ vention. In the case of a notice or order (b) To expedite hearings. At such tion refuses to admit or stipulate the fixing the time and place for the initial • prehearing or other conferences as may genuineness of any documents or the convening of a hearing, the notice or be held to expedite the orderly conduct truth of any matters of fact and if the order shall be published in the F ederal and disposition of any hearing, there party requesting the admissions or stipu­ R egister not less than fifteen (15) days may be considered, in addition to any lations thereafter proves the genuine­ prior to the date fixed in said notice or offers of settlement or proposals of ness of any such document or the truth order for the convening of the hearing, adjustment, the possibility of the of any such matter of fact, he may apply unless the Commission finds that a following: to the officer designated to preside for shorter period of notice is reasonable • * * * * an order requiring the other party to and consistent with the public interest. (c) Initiation of conferences. The pay him the reasonable expenses in­ In addition to such publication in the Commission or officer designated to pre­ curred in making such proof, including F ederal R eg ister , copies of the notice side, with or without motion, and after reasonable attorney’s fees. Unless the or order will be mailed to the parties and consideration of the probability of bene- officer designated to preside finds that their attorneys of record and to States 'ficial results to be derived therefrom, there were good reasons for the refusal' or other governmental authorities which may direct that a conference be held, to admit or stipulate or that the admis­ have asked to be notified. Similar no­ and direct the parties to the proceeding, sions or stipulations sought were of no tice shall be served of the time when their attorneys, the Commission’s staff substantial importance, the order shall and place where a hearing will be re­ and staff counsel to appear thereat to be made. An appeal may be taken to convened unless announcement was consider any or all of the matters enu­ the Commission immediately from any made thereof by the presiding officer at merated in § 1.18(b). Due notice of the such order. If a party refuses to comply the adjournment of the earlier session time and place of such conference will be with such order after it becomes final, of the hearing.* In fixing the time and given to all parties to the proceeding, the Commission may strike all or any place of hearing, due regard will be given their attorneys, the Commission’s staff part of such party’s pleadings or limit to the convenience and necessity of the and staff counsel. Failure of a party to or deny further participation by such parties or their attorneys so far as time attend such conference, after being party. and the proper execution of the Com­ served with due notice of the time and mission’s functions permit. Section 1.19, Notice, is amended to place thereof, shall constitute a waiver read: § 1.20 [Amendment] of all objections to the agreements reached, if any, and any order or ruling § 1.19 Notice. Section 1.20 Hearings, is amended with respect thereto. as follows: (a) Rulemaking proceedings. Before 1. Amend paragraph (a) to read: (d) Specification of conference re­ the adoption of any rule of general sults. Following such conference or a applicability, or the commencement of (a) How initiated. Hearings for reconvened session thereof, the Com­ any hearing on any such proposed rule- the purpose of taking evidence shall mission or officer designated to preside making, the Commission will cause gen­ be initiated by the Commission by issu­ shall make an order or ruling, as may be eral notice to be given by publication in ance of an order or by notice of the appropriate, which recites the agree­ the F ederal R e g ister , such notice to be Secretary announcing the initiation of a ments reached, if any, with respect published therein not less than 15 days hearing. < thereto, including agreements which prior to the date fixed for the considera­ 2. Add a new paragraph (m) to limit the issues for hearing to those not tion of the adoption of a proposed rule or read: 1 disposed of by admissions or agreements. rules or for the commencement of the Such order or ruling shall control the hearing, if any, on the proposed rule (m) Contents of orders and notices subsequent course of the hearing unless making, except where a shorter period initiating hearings— (1) Rule making modified for good cause shown. The is reasonable and good cause exists proceedings. The order or notice shall order may also, irrespective of consent therefor: Provided, however, That state the time and place of hearing, and by the parties, dispose of any procedural (1) Where the Commission, for good nature of the proceeding, recite the matters which the presiding examiner is cause, finds it impracticable, unneces­ authority under which the rule is pro- authorized to rule upon during the course sary, or contrary to the public interest of the proceeding, and which it appears 1 The notice of proposed rulemaking herein to give such notice, it may proceed with designated this provision as a new paragraph may be appropriately and usefully dis­ the adoption of rules without notice by (b ) to follow paragraph (a ) but codification posed of in such order. In addition, incorporating therein a finding to such problems require its inclusion at this point where it appears that a substantial con­ effect and a concise statement of the thus making unnecessary the redesignation tribution would be made to expedition reasons tllerefor; of subsequent paragraphs in the section. Wednesday, November 25, 1959 FEDERAL REGISTER 9473

posed to be adopted and promulgated, the manner provided in §§ 1.18 and 1.25, grounds requiring reopening of the pro­ and include either the terms or sub­ or the testimony is submitted in pre­ ceeding, including material changes of stance of the proposed rule or a descrip­ pared written form as provided in § 1.26 fact or of law alleged to have occurred tion of the subjects and issues involved (c) (2) (iii). Witnesses whose testimony since the conclusion of the hearing, and to inform interested persons of the is to be taken shall be sworn, or shall shall in all other respects conform to the nature of the proceeding, so as to permit affirm, before their testimony shall be applicable requirements of §§ 1.7 and 1.15 any interested person to submit views, deemed evidence in the proceeding or to 1.17, inclusive. data, or proposals relative thereto; and any questions are put to them. (2) Responses. Within 10 days fol­ such notice will set forth a time period § 1.25 [Amendment] lowing the service of such petition, any within which interested persons may other party to the proceeding or staff submit written data, views, or arguments Section 1.25 Stipulations, is amended counsel may file with the presiding officer concerning the proposed rule, or request by amending paragraph (a) to read: his answer thereto, and in default there­ oral argument thereon. (a) Presentation and effect. Inde­ of shall be deemed to have waived any (2) Other proceedings. The order or pendently of the orders or rulings issued objection to the granting of such peti­ notice initiating a hearing shall set forth as provided by § 1.18, the parties and tion. the authority and jurisdiction under staff counsel may stipulate as to any rele­ (3) Action by presiding officer. As which the hearing is to be held, shall vant matters of fact or the authenticity soon as practicable after the filing of state the nature of the proceeding and of any relevant documents. Such stipu­ responses to such petitions or default shall name the officer designated to pre­ lations may be received in evidence at a thereof, as the case may be, the presid­ side at the hearing, except as herein­ hearing, and when so received shall be ing officer 'will grant or deny such after provided. Such order or notice binding on the parties and staff counsel petition. shall also specify the final date for the with respect to the matters therein (b) By presiding officer on his own in­ filing of protests to the authorization stipulated. itiative. At* any time prior to the filing sought and for the filing of petitions and of his initial decision, after notice to notices to intervene except in cases § 1.26 [Amendment] the parties and opportunity to be heard, where such date has been fixed by a Section 1.26 Evidence, is amended by a presiding officer may reopen the pro­ former notice. The order or notice inserting present paragraph (h) of § 1.20 ceeding for the reception of further initiating the hearing shall not specify in paragraph (c)(2) redesignated as evidence on his own motion, if he has the date of hearing unless the Commis­ § 1.26(c) (2) (iii).“ reason to believe that conditions of fact sion deems it appropriate that it do so: or of law have so changed as to require, § 1.27 [Amendment] Provided, however, That where the or that the public interest requires, the notice or order provides that the Com­ Section 1.27 Presiding officers, is reopening of such proceeding. mission may, after a non-contested amended by amending subparagraph (c) By Commission action. The above hearing, dispose of the proceedings pur­ (1) of paragraph (b), Authority dele­ provisions of this section shall apply suant to the provisions of § 1.30(c) (1) gated, to read: equally to petitions for and the issu­ or (2) or § 1.32 (a) or -(b)', as may be (1) To regulate the course of hear­ ance by the Commission of an order appropriate, the notice or order shall ings, including the scheduling thereof, reopening the proceeding, where an ini­ also fix a date for hearing as soon after subject to the approval of the Chief tial decision has been issued by the the expiration of the time for filing pro­ Hearing Examiner, and the recessing, re­ presiding officer but no Commission de­ tests, petitions to intervene and notices convening, and adjournment thereof, cision has yet been issued, or where the of intervention as may be practicable. unless otherwise provided by the Com­ initial decision by a presiding officer has In such instance, the notice or order mission; been omitted and no Commission deci­ need not designate the presiding exam­ sion has yet been issued. iner but shall state that if a protest, § 1.28 [Amendment] petition to intervene in opposition, or Section 1.28 Appeals to Commission PART 154— RATE SCHEDULES AND notice of intervention in opposition is from rulings of presiding officers, is filed, the hearing date will be vacated amended by adding a new paragraph TARIFFS and a new date for hearing will be fixed. (c) to read: § 154.94 [Amendment] 3. Subparagraph (1) of paragraph (c) Commission action. Unless the Section 154.94 Changes in rate sched­ (g) is amended to read: Commission acts upon questions referred ules, is amended by amending para­ by presiding officers to the Commission graph (e) to read: (g) Presentation by the parties. (1) for determination or upon appeals taken Parties and staff counsel shall have the to the Commission from rulings of pre­ (e) (1) With each change in rate right of presentation of evidence, cross- siding officers within thirty days after schedule there shall be submitted rea­ examination, objection, motion, argu­ referral or filing of the appeal, which­ sons, nature, and basis for the proposed ment and appeal. The taking of evi­ ever is later, such referrals or appeals change, and the information required dence and subsequent proceedings shall shall be deemed to have been denied. under subdivisions (i) through (iv) of proceed with all reasonable diligence and The parties to the proceeding shall be this subparagraph: with the least practicable delay. given appropriate notice of the date of (1) The designation of the FPC Gas 4. Paragraph (h) is hereby trans­ the referral or appeal, by the presiding Rate Schedule (by name of seller and ferred to § 1.26 and redesignated as examiner or the appellant as the case rate schedule number), the names of 51.26(c) (2) (iii). Paragraph (h) is may be. the parties on whose behalf the change in rate schedule is made, and the date hereby vacated* § 1.33 [Amendment] 5. Amend subparagraph (j ), Addi­ on which the change is proposed to be tional evidence, by deleting the words Section 1.33 Reopening proceedings, made effective; “or after the close of testimony,” in the paragraphs (a), (b),and (c) are amend­ (ii) The name of the purchaser; first sentence. ed to read: (iii) Description of the contract pro­ vision authorizing the change; § 1.22 [Amendment] (a) By parties— (1) Petition to re­ open. At any time after the conclusion (iv) The geographical location (field *■ Section 1.22 Witnesses, is amended by of a hearing in a proceeding or adjourn­ or area, county, and State) where de­ amending paragraph (a) to read: ment thereof sine die, but before issu­ livery is made; ance by the presiding officer of an initial (2) W ith each change in rate level, In (a) Oral examination. Witnesses addition to the foregoing, there shall be shall be examined orally unless the testi­ decision, any party to the proceeding or staff counsel may file with the presiding submitted the following information and mony is taken by deposition as provided data (actual data shall be used wherever In § 1.24, or the facts are stipulated in officer a petition to reopen the proceed­ ing for the purpose of taking additional possible and estimates shall be so desig­ nated and explained): * Consideration of the proposed revision of evidence. Copies of such petition shall paragraph (h ) is postponed by the order be served upon all participants, or their (i) The present total effective price in herein, it is only transferred and redesig­ attorneys of record, and shall set forth cents per Mcf with the base rate and nated hereby. clearly the facts claimed to constitute any provisions for tax reimbursement, No. 230------2 9474 RULES AND REGULATIONS gathering charge, dehydration charge 7. Types of Escalation Provisions:______[Fairbanks 022952] 8. Hydrocarbon Liquids Included (yes or and other components thereof shown E e k separately, and the measurement pres­ n o ) : ______9. Other Price Adjustments:______- A tract of land at approximate Latitude sure base (psia); 10. Estimated Initial Volumes (Mcf per 60°13' N., Longitude 162°02' W., described as (ii) Any deductions from the present d a y ): ...... follows: total effective price in cents per Mcf 11. Delivery Pressure (psig): ______Beginning at the southwest corner, being by the purchaser for amortization, dehy­ 12. Delivery Point: ______corner No. 2, of School Reserve, U.S. Survey dration, gathering, treating, etc. Note (Wellhead, plant, etc.) No. 2021; thence S. 20° 19' W. 44 feet; thence if subject to Btu adjustment; N. 67° W. 670 feet to the point of beginning; [F.R. Doc. 59-9948; Filed, Nov. 24, 1959; thence (iii) The proposed total price in cents 8:46 a.m.] per Mcf with the base rate and any pro­ S. 20° W., 250 feet; N. 70° W., 200 feet; visions for tax reimbursement, gather­ N. 20° E., 250 feet; ing charge, dehydration charge and S. 70° E., 200 feet to the point, of beginning. other components thereof shown sepa­ Containing 1.15 acred. rately, and the measurement pressure Title 43— PUBLIC LANDS: base (psia): [Fairbanks 022953] (iv) Any deductions from proposed INTERIOR K a s ig l u k ^ total price in cents per Mcf by the pur­ Chapter I— Bureau of Land Manage­ A tract o f land at approximate Latitude chaser for amortization, dehydration, ment, Department of the Interior 60°55' N., Longitude 162°35' W., described as gathering, treating, etc. Note if subject follows: to Btu adjustment; APPENDIX— PUBLIC LAND ORDERS Beginning at the south corner of School Withdrawal, Serial No. 62787, Fairbanks Land (v) A comparative statement of the [Public Land Order 2020] total sales made and total revenues Office; thence ALASKA S. 50° E., 7 feet; therefrom under the effective rate sched­ S. 40° W „ 100 feet; ule and under the proposed changed Withdrawing Lands for the Depart­ N. 50° W., 200 feet; rate schedule, or rate, charge, classi­ N. 40° E., 100 feet to boundary of said fication or service contained in the filing,! ment of the Army as Alaska Na­ school withdrawal; for the 12 months immediately preceding tional Guard Sites; Partially Re­ S. 50° E., 193 feet along said boundary to and the 12 months immediately succeed­ voking the Executive Order of May the point of beginning. ing the proposed effective date of the rate 4, 1907 Containing 0.46 acre. schedule tendered for filing, and the dif­ [Fairbanks 022954] ference in the total sales and total By virtue of the authority vested in the K ia n a revenues for each of the 12-month President, and pursuant to Executive periods. Order No. 10355 of May 26, 1952, it is A tract of land, east of Ketzebue, on North ordered as follows: side of Kobuk River, at approximate Latitude Subject to valid existing rights* the 67°00' N., Longitude 160°30' W., described as PART 157—-APPLICATIONS FOR CER­ following-described public lands in follows: TIFICATES OF PUBLIC CONVEN­ Beginning at a point on the south boun­ Alaska are hereby withdrawn from all dary line of Kiana Airport, Serial No. Fair­ IENCE AND NECESSITY UNDER forms of appropriation under the public- banks 013068, which point is 200 feet easterly SECTION 7 OF THE NATURAL GAS land laws, including the mining but not of the center line of access road to airport; ACT AS AMENDED the mineral-leasing laws nor disposals thence of materials under the act of July 31, Easterly, 300 feet along said boundary line; § 157.6 [Amendment] 1947 (61 Stat. 681; 30 U.S.C. 601-604), Southerly, 200 feet at right angle; Westerly, 300 feet parallel to airport boun­ Section 157.6 Applications; number of as amended, and reserved under jurisdic­ tion of the Department of the Army for dary; copies; general requirements, is amended Northerly, 200 feet to the point of begin­ by adding a new subparagraph (7) to use of the Alaska National Guard: ning. paragraph (b), General content of ap­ [Fairbanks 022950] Containing 1.38 acres. plication, as follows: A k ia c h a k [Fairbanks 022955] (7) A form of notice suitable for pub­ A tract of land at approximate Latitude K ipnttk lication in the Federal Register, as con­ 60°54' N., Longitude 161 °28' W., described A tract of land at approximate Latitude templated by § 157.9, which will briefly as follows: 59°56' N., Longitude 164°02' W., described as summarize the facts contained in the Beginning at the most westerly southeast follows: application in such way as to acquaint corner of school building within BIA school Beginning at a point marked by an iron the public with its scope and purpose.” reserve; thence S. 55° E., 175 feet, approxi­ pipe set on the east bank of the Kuguklik mately, to the east boundary of said school River, which point marks the west boundary § 157.24 [Amendment] reserve; thence following said boundary line of BIA School Withdrawal, Serial Fairbanks N. 35° E. 100 feet to the point of beginning, 62942, unsurveyed; thence south along said Section 157.24 Contents of applica­ thence tions, is amended by adding a new sub- boundary line 340 feet; thence N. 35° E., 200 feet, along said boundary West, 300 feet; paragraph (5) to paragraph (a) to line; North, 200 feet to the east bank of said read: 5. 55° E., 140 feet; river; S. 35° W., 200 feet; N. 65° E., 335 feet, following said bank to (5) A summary, on the form indicated N. 55° W., 140 feet, to the point of begin­ in § 250.5 of each contract for sale or the point of beginning. ning. Containing 1.86 acres. transportation of gas for which a certifi­ Containing 0.64 acre. cate is requested. [Fairbanks 022956] [Fairbanks 022931] KivALINA Alakantjk PART 250— FORMS A tract of land at approximate Latitude A tract of land at approximate Latitude 67°43' N., Longitude 164°33' W., described Part 250, Forms, is amended by adding 62° 41' N., Longitude 164° 38' W., described as as follows: . a new § 250.5 to read as follows: follows: Beginning at the northwest corner (Cor­ Beginning at the Southwest corner of John ner No. 2) of School Reserve, being U.S. Sur­ § 250.5 Form o f contract summary. T. Emel Trade & Manufacturing Site; thence vey No. 2246; thence along an extension of (See § 157.24(a) (5) of this chapter.) N. 18° W. 130 feet; thence S. 74° W. 580 feet the north line of such survey N. 48° 29' W. to the point of beginning; thence / 280 feet; thence N. 41°31' E., 100 feet to the 1. Name of Seller:______S. 15° W., 80 feet; point of beginning; thence 2. Name of Purchaser: ______!____ N. 75° W., 150 feet; N. 48°29' W., 120 feet; 3. Location*of S ale:______N. 15° E., 90 feet, to the south bank of a N. 41°31' E., 190 feet, to mean high water slough; line of Corwin Lagoon; (Field or area, county, and state) S. 79° E., 150 feet, approximately, following S. 48°29' E., 120 feet along said mean high 4. Date of Contract:______said bank to a point lying N. 15° E . of water line; 5. Initial Price per Mcf (including tax the point of beginning; S. 41°31' W., 190 feet to the point of begin­ reimbursement) : __'______S. 15° W., 20 feet, the point of beginning. ning. 6. Measurement Pressure Base (psia) : ____ Containing 0.34 acre. Containing 0.52 acre. Wednesday, November 25, 1959 FEDERAL REGISTER 9475

[Fairbanks 022957] [Fairbanks 022962] [Fairbanks 022967]

K otzebue N e w k t o k T u l u k s a k A tract of land at approximate Latitude" A tract of land lying within the boundaries A tract of land on the shore of Bering Sea of U.S. Survey No. 2407, described as follows: north of Nelson Island, at approximate Lati­ 61°06' N„ Longitude 160°58' W., described as Beginning at the east corner of U.S. Sur­ tude 60°56' N., Longitude 164°37' W .f de­ follows: Beginning at a point on the south bank of vey 2407, being Corner No. 1 thereof; thence scribed as follows; the Tuluksak River which point is 300 feet S. 44°05' W., 110 feet along the 1-2 line Beginning at the northeast corner of school easterly from the intersection of said bank of said survey; building existing in 1958; thence N. 22° W. with the east line of U.S. Survey 875, Mora­ N. 45° 55' W., 140 feet; r 700 feet to the point of beginning; thence vian Mission Reserve; thence N. 44°05' E., 110 feet to the 1-6 line of -S. 68° W., 250 feet; S. 53° E., 270 feet along said river bank; U.S. Survey 2407; N. 22° W., 220 feet; S. 37° W., 240 feet; S. 45° 55' E., 140 feet following said 1-6 N. 68° E., 250 feet; line to the point of beginning. S. 22 ° E., 220 feet to the point of beginning. N. 53° W., 270 feet; N. 37° E., 240 feet to the point of beginning. Containing 0.35 acre. - Containing 1.26 acres. Containing 1.49 acres. [Fairbanks 022958] [Fairbanks 022963] [Fairbanks- 022968] K o t u k T u n u n a k ( or T a n u n a k ) A tract of land near the north shore of N o a ta k A tract of land on Nelson Island, at ap­ Norton Bay, described as follows: A tract of land on the Noatak River, north proximate Latitude 60°35' N., Longitude Beginning at Corner No. 3 of U.S. Survey of Kotzebue, at approximate Latitude 67°35' 165° 15' W., described as follows: No. 2035; thence N., Longitude 163°00' W., described as Beginning at southeast comer of village S. 46°51' W., 160 feet along an extension of follows: store; thence S. 35° W. to a point on the the 2-3 lineof said survey; Beginning at Corner No. 1 of U.S. Survey south line of School Withdrawal, Serial No, N. 43°09' W., 140 feet; No. 2037, being the northwest corner thereof; Fairbanks 59975, to the point of beginning; N. 46°51' E., 160 feet to a point on the 3-4 thence along an extension of the west line of thence line of said U.S. Survey; such survey N. 18°51' E. 29 feet; thence N. S. 55° E., 150 feet; S. 43°09' E., 140 feet along said 3-4 line to 71°09' W. 180 feet; thence N. 14°58' W , 221.49 S. 35° W., 200 feet; the point of beginning. feet to the point of beginning; thence N. 55° W., 150 feet; Containing 0.51 acre. N. 71°09' W., 220 feet; N. 35° E., 200 feet to the point of begin­ N. 18°51' E.. 200 feet; [¡Fairbanks 022959] ning. S. 71°09' E., 220 feet; Containing 0.69 acre. K w e t h l u k S. 18° 5 f' W., 200 feet to the point of A tract of land at approximate Latitude beginning. [Fairbanks 022969] Containing 1.01 acres. 60°49' N.,-Longitude 161 °26' W., described as T u n t u t u l ia k follows: Beginning at the southeast corner (Corner [Fairbanks 022964] A tract of land at approximate Latitude 60°22' N., Longitude 162°38' W., on west side No. 3) of U.S. Survey No. 2043; thence east St . M ic h ael 400 feet; thence south 40 feet to the point of Kuskokwim River, described as follows: of beginning; thence A tract of land on the shore of Norton Beginning at the southeast corner of new East, 240 feet; Sound, at approximate Latitude 63°27' N„ school building under construction during South, 200 feet; Longitude 162°03' W., described as follows: 1958; thence S. 70° E. 225 feet, more or less West, 240 feet; Beginning at the southwest corner of new to a point on the west bank of the Kinak North, 200 feet to the point of beginning. school building; thence south to north line River; thence following the river bank south­ Containing 1.10 acres. of the board sidewalk which runs east-west erly 710 feet to the point of beginning; thence between the gymnasium and the community S. 18° E., 200 feet along said river bank; [Fairbanks 022960] hall; thence westerly along the north line of S. 72° W., 250 feet; N. 18° W., 200 feet; N a p a k ia k sidewalk 526 feet to the point of beginning; N. 72° E., 250 feet to point of beginning. thence A tract of land south of Bethel on the west Westerly, 200 feet along the north line of Containing 1.15 acres. side of the Kuskokwim River, at approximate sidewalk; Latitude 60°41' N., Longitude 162°07' W., de­ The areas described total in the ag­ Northerly, 250 feet at right angle; scribed as follows; Easterly, 200 feet at right angle; gregate 19.84 acres. Beginning at the northwest comer of Southerly, 250 feet at right angle to the ' The Executive order of May 4, 1907 school building located within School W ith­ point of beginning. which withdrew lands in Alaska for In ­ drawal (unsurveyed) Serial 63035 Fairbanks Containing 1.15 acres. dian school purposes is hereby revoked Land Office; thence west 108 feet to a point so far as it affects the lands described in on the west line of said school withdrawal; [Fairbanks 022965] thence continuing west 400 feet; thence this order at Kotzebue (Fairbanks south 275 feet td the point of beginning; Sh ish m a e e f 022957). thence R oger E r n s t , South, 300 feet; v A tract of land on the north side of Seward Assistant Secretary of the Interior. West, 300 feet; Peninsula, described as follows: North, 300 feet; Beginning at Comer No. 2 of U.S. Survey N ovember 17, 1959. East, 300 feet to the point of beginning. 2249 (School Reserve); thence following the [F.R. Doc. 59-9949; Filed, Nov. 24, 1959; Containing 2.07 acres. east line of said survey at a course N. 13° 17' 8:46 ajn .] (Note: The school building above referred W. 440 feet to the point of beginning; thence to is the one existing in 1958, and not the one N. 13° 17'W., 120 feet; proposed for construction during 1959.) N. 76°43'E., 200 feet; S. 13°17'E„ 120 feet; [Fairbanks 022961] S. 76°43' W „ 200 feet to the point of be­ Title 47— TELECOMMUNICATION N a p a s k ia k ginning. Containing 0.55 acre. A tract of land, near Kuskokwim River, at Chapter I— Federal Communications approximate Latitude 60° 41' N., Longitude [Fairbanks 022966] Commission 161°54' W., described as follows: Beginning at the most westerly southwest Sh u n g n a k [FCC 59-1164] corner of school building located within A tract of land in the vicinity of Shungnak School Withdrawal (unsurveyed), Serial No. PART 3— RADIO BROADCAST 60312, Fairbanks Land Office; thence west Village, on the Kobuk River east erf Kotzebue, described as follows: SERVICES 108 feet to an iron pipe sat on the west Beginning at Corner No. 9 of School Re­ boundary of said withdrawal; thence serve, U.S. Survey No. 2047; thence Interference Standard southerly along said west line 350 feet to the S. 23°59' W., 200 feet; point of beginning; thence N. 66°01' W., 220 feet; At a session of the Federal Communi­ Southerly, 250 feet, continuing along said N. 23°59' W., 200 feet to the 1-9 line (south cations Commission held at its offices in west line; Washington, D.C., on the 18th day of Westerly, 200 feet at right angle; boundary) of U.S. Survey 2047; Northerly, 250 feet at right angle; S. 66°01' E., 220 feet to the point of be­ November 1959; Easterly, 200 feet to the point of beginning. ginning. The Commission having under con­ Containing 1.15 acres. Containing 1.01 acres. sideration the desirability of making cer- 9476 RULES AND REGULATIONS

tain changes in § 3.313(c) of its rides; (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. the maintenance of continuity of public and 154. Interprets or applies sec. 303, 48 Stat. service; and 1082, as amended; 47 U.S.C. 303) It appearing that the last sentence of It further appearing that there is good the rule provides in essence that the Released: November 20, 1959. cause for making such rule changes, Commission in its discretion may assign which are in the nature of relaxation of F ederal C ommunications an FM channel different from that re­ present restrictions, and it is necessary C o m m is s io n , quested in an application; and that such changes be made effective at It further appearing that the Com­ [ s e a l ] M a r y J a n e M o r r is, v Secretary. the earliest practicable date; therefore mission at one time utilized a Table of proposed rule-making procedure pursu­ Assignments of FM channels to particu­ [F.R. D dc. 59-9978; Filed, Nov. 24, 1956; ant to the provisions of section 4(a) of lar communities, whereunder it could 8:50 a.m.] the Administrative Procedure Act is im­ readily determine the availability of al­ practical, unnecessary and contrary to ternative channels in a given case; and the public interest; It further appearing that the Commis­ I t is ordered, That, pursuant to sec­ [FCC 59-1173] sion by Order released August 5, 1958, tions 4 (i) and 303 (r) of the Communica­ effective August 20, 1958, in Docket No. PART 21— DOMESTIC PUBLIC RADIO tions Act of 1934, as amended, § 21.508 12461 (FCC 58-777), discontinued the (e) and (f) and § 21.605 (d) and (e) are use of its Table of Assignments of FM SERVICES (OTHER THAN MARI­ TIME MOBILE) amended as shown below, effective No­ channels; and vember 18,1959. It further appearing that in view of Modulation Filter Requirements the foregoing the Commission no longer (Sec. 4, 48 Stat. 1066, as amended; 47#U.S.C. At a session of the Federal Communi­ 154. Interprets or applies sec. 303, 48 Stat. considers it desirable to exercise the dis­ 1082, as amended; 47 U.S.C. 303) cretionary power afforded by such rule; cations Commission held at its offices in and Washington, D.C., on the 18th day of Released: November 20, J959. November 1959; It further appearing that questions F ederal C ommunications The Commission having under con­ have' arisen as to whether the sentence C o m m is s io n , sideration the requirement of § 21.120 in question is wholly compatible with the [ s e a l ] M a r y J a n e M o r r is, intent of certain other rules such as of Part 21 of its rules, that all radio Secretary. §§ 1.305,1.310 and 1.356; and transmitters in use in the Domestic Pub­ It further appearing that any reason lic Radio Services after December 31, 1. Section 21.508 is amended by revis­ for perpetuation of the ride has ceased 1959, must be “ type accepted” ; and ing paragraph (e) and adding new para­ to exist; it is therefore consonant with It appearing that, in order to receive graph (f) as follows: the public interest and orderly rule mak­ “ type acceptance” in the Domestic Pub­ § 21.508 Modulation requirements. ing processes to delete said sentence; lic Land Mobile and Rural Radio Serv­ * * * * * and ices, rule §§ 21.508(e) and 21.605(d) re­ quire that transmitters must be equipped (e) Each transmitter, which has more It further appearing that the amend­ than 3 watts plate power input to the ment adopted herein reflects a change with a low-pass audio frequency modula­ tion filter; and final radio frequency stage and was ini­ of procedure and thus prior publication It further appearing that, a substan­ tially authorized or installed at the sta­ of Notice of Proposed Rule Making under tial number of telephone company a,nd tion in this service after July 1, 1950, the provisions of section 4 of the Ad­ miscellaneous common carrier licensees employing type A3 or F3 emission shall ministrative Procedure Act is unneces­ of “wide band” radio systems have indi­ be equipped with a device which will sary and the amendment may become cated that, because they are unable to automatically prevent greater than nor­ effective immediately; and install the prescribed modulation filters mal audio level from modulating in It further appearing that authority for in all of the older “wide band” trans­ excess of the limits specified in para­ mitters by January 1, 1960, they will be graphs (c) and (d) of this section. the amendment adopted herein is con­ if) Each transmitter, which employs tained in sections 4(i) and 303 (r) of the unable to meet.the aforementioned “type acceptance” requirements and, therefore, type A3 “or F3 emission and first author­ Communications Act of 1934, as ized or installed in this service after amended; will be forced to cease operation of such unmodified transmitters on that date; October 31, 1958, shall be equipped with I t is ordered, That effective November and a modulation limiter in accordance with 27, 1959, the last sentence of § 3.313(c) It further appearing that, since most the provisions of paragraph (e) of this which provides; “ In the assignment of of such unmodified transmitters are in ; section and also shall be equipped with a FM broadcast facilities the Commission the hands of public subscribers to the low-pass audio filter installed between will endeavor to provide the optimum service, such action would disrupt public the modulation limiter and the modu­ use of the' channels in the band, and communication service and would not be la t e d stage. At audio frequencies be­ tween 3 kc and 15 kc, the filter shall have accordingly may assign a channel dif­ in the public interest; and It further appearing that, although an attenuation greater than the attenu­ ferent from that requested in an appli­ ation at 1 kc by at least: cation” is deleted. the prescribed modulation filters are es­ Section 3.313(c) will now provide as, sential to proper operation of “split 40 log10 (f/3) decibels follows; channel” radio systems, their use is not where “f ” is the audio frequency in essential to satisfactory operation of kilocycles. At audio frequencies above § 3.313 Interference standard. “ wide band” systems, and no adverse 15 kc, the attenuation shall be at least * * ♦ * * impact would result if transmitters op­ 28 decibels greater than the attenuation erationally integrated into “ wide band” at 1 kc. The low-pass audio filter re­ (c) Stations normally will not be au­ system were exempted from the modula­ thorized to operate in the same city or quirement shall not be mandatory until tion filter requirements until November November 1, 1963, for transmitters op­ in nearby cities with a frequency sep­ 1, 1963, when all “wide band” systems erationally integrated with an existing aration of less than 800 kc; Provided, must be converted to “split-channel” radio system authorized prior to Novem­ That stations may be authorized to op­ systems in these services; and ber 1, 1958: Provided, That the overall erate in nearby cities with a frequency It further appearing that, since the frequency response of the audio and separation of not less than 400 kc where aforementioned exemption of certain modulating circuits nevertheless corre­ necessary in order to provide an equitable transmitters from the modulation filter sponds approximately with the response and efficient distribution of facilities; requirements will permit such transmit­ which would result if the prescribed ters to retain their present “ type ac­ 'And provided further, That class B sta­ filter were employed. ceptance” status, it will not be necessary tions will not be authorized in the same to discontinue operation of such trans­ 2. Section 21.605 is amended by revis­ metropolitan district with a frequency mitters on January 1,1960, thereby serv­ ing1 paragraph (d) and adding new para­ separation of less than 800 kc. ing the public interest by providing for graph (e) as follows: Wednesday, November 25, 1959 FEDERAL REGISTER 9477

§ 21.605 Modulation requirements. reformations necessary to insure (1) that of fourth-class mail and on catalogs and ***** the revenues from fourth-class mail similar printed- advertising matter of (d) Each transmitter, which has more service will not exceed by more than 4 the fourth class. Accordingly, para­ 'than 3 watts plate power input to the per centum the costs thereof and (2) graphs (a) and (b) of § 25.1, Title 39, final radio frequency stage and was ini­ that the costs of such fourth-class mail Code of Federal Regulations, are hereby tially authorized or installed at the sta­ service- will not exceed by more than 4 amended to read as follows effective tion in this service after July 1, 1950, per centum the ^ revenues therefrom. February 1, I960: Consent has been given by the Interstate employing type A3 or F3 emission shall § 25.1 Rates. be equipped with a device which will Commerce Commission in its decision automatically prevent greater than nor­ dated November 17, 1959, Docket No. (a) Fourth-class (parcel post) zone mal audio level from modulating in ex­ 32158, to revise postal rates on parcels rates. cess of the limits specified in paragraphs (b) and (c) of this section. Weight, 1 pound and not (e) Each transmitter, which employs . exceeding— type A3 or F3 emission and first author­ Local 1 and 2 3 4 5 6 7 8 ized or installed in this service after October 31, 1958, shall be equipped with Pounds a modulation limiter in accordance with 2_. . -...... $0.24 $0.33 $0.35 $0.39 $0.45 $0. 51 $0.58 $0.64 3...... 26 .38 .41 .47 .55 .64 .74 .83 the provisions of paragraph (d) of this 4...... 28 .43 .47 .55 .65 .77 .90 1.02 section and also shall be equipped with a .30 .48 .53 .63 .75 .90 1.06 1.21 6...... 32 .53 .59 .70 .85 1.03 1.22 1.40 low-pass audio filter installed between 7 .______.34~ . - .58 .65 .77 .95 1.16 1.38 1.59 the modulation limiter and the modu­ 8...... 36 .63 .71 .84 1.05 1.29 1.54 1.78 9...... ; ...... 38 .68 .77 ' .91 1.15 1.42 1.70 1.97 lated stage. At audio frequencies be­ 10...... 40 .73 .83 .98 1.25 1.55 1.86 2.16 tween 3 kc and 15 kb, the filter shall have 1 1 ...... 42 .77 .89 1.05 1.35 1.67 2.02 2.34 an attenuation greater than the attenua­ 12...... 44 .81 .95 1.12 1.45 1.79 2.18 2.52 13.______... . .46 .85 1.01 l.*19 1.55 1.91 ' 2.34 2.70 tion atrl kc by at least: 14...... 48 .89 1.07 1.26 1.65 2.03 2.50 2.88 15 ______.50 .93 1.13 1.33 1.75 2.15 2.66 3.06 40 log10 (f/3) decibels 16...... 52 .97 1.18 1.40 1.85 2.27 2.81 3.24 17...... 54 1.01 1.23 1.47 1.95 2.39 2.96 3.42 where “f ” is the audio frequency in kilo­ 18...... 56 1.05 1.28 1.54 * 2.05 2.51 3.11 3.60 19...... 58 1.09 1.33 1.61 2.15 2.63 3.26 3.78 cycles. At audio frequencies above 15 20...... 60 1.13 1.38 1.68 2.25 2.75 3.41 3.96 kc, the attenuation shall be at least 28 21______..... _ .62 1.17 1.43 1.75 2.34 2.87 3.56 4.14 decibels greater than the attenuation at 22 . . ______: .64 1.21 1.48 1.82 2.43 2.99 3.71 4.32 23...... 66 1.25 1.53 1.89 2.52 3.11 3.86 4.50 1 kc. The low-pass audio filter require­ 24...... 68 1.29 1.58 1.96 2.61 3.23 4.01 4.68 ment shall not be mandatory until 25...... is...... 70 1.33 1.63 2.03 2.70- > 3,35 4.16 4.86 26...... 72 1.37 1.68 2.10 2.79 3.47 4.31 6.04 November 1, 1963, for transmitters op­ 27...... 74 1.41 1.73 2.17 2.88 3.59 4.46 6.22 erationally integrated with an existing 28...... 76 1.45 1.78 2.24 2.97 3.71 4.61 6.40 29...... ' .78 1.49 1.83 2.31 3.06 3.83 4.76 6.58 radio system authorized prior to Novem­ 30...... 80 1.53 1.88 2.38 3.15 3.95 4.91 5.76 ber 1, 1958: Provided, That the overall 31...... 82 1.57 1.93 2.45 3.24 4.06 5.05 • 6.93 32...... 84 1.61 1.98 2.52 3.33 4.17 5.19 , 6.10 frequency response of the audio and 33...... 86 1.65 2.03 2.59 3.42 4.28 5.33 I 6.27 modulating circuits nevertheless corre­ 34...... 88 1.69 2.08 2.66 3.51 4.39 5.47 6.44 sponds approximately with the response 35...... 90 1.73 2.13 2.73 3.60 4.50 5.61 A 6.61 3 6 ...... 92 1.77 2.18 2.80 3.69 4.61 5.75 1 6.78 which would result if the prescribed filter 37...... 94 1.81 2.23 2.87 3.78 4.72 5.89 , 6.95 were employed. 38...... 96 1.85 2.28 2.94 3.87 4.83 6.03 t 7.12 39...... 98 1.89 2.33 3.01 .3.96 4.94 6.17 1 7.29 40...... 1.00 1.93 [F.R. Doc. 59-9979; Filed, Nov. 24, 1959; 2.38 3.08 4.05 5.05 6.31 7.46 41...... 1.02 1.97 2.43 3.15 4.14 5.16 6.45 $ 7.62 8:50 a.m.] 42__ i ______1.04 2.01 _ 2.48 3.22 4.23 5.27 6. 59 \ 7.78 43...... 1.06 2.05 2.53 3.29 4.32 5.38 6.73 7.94 44...... 1.08 2.09 2.58 3.36 4.41 5.49 6.87 8.10 45...... 1.10 2.13 2.63 3.43 4.50 5.60 7.01 8.26 46...... 1.12 2.17 2.68 3.50 4.59 5.71 7.15 8.42 47...... 1.14 2.21 2.73 3.57 4.68 5.82 7.29 8.58 Title 39— POSTAL SERVICE 48...... 1.16 2.25 2.78 3.64 4.77 5.93 7.43 8.74 49...... 1.18 2.29 2.83 3.71 4.86 6.Ó4 7.57 8.90 Chapter I— ‘Post Office Department 50...... 1.20 2.33 2.88 3.78 4.95 6.15 i 7.71 9.06 51...... 1.22 2.37 2.93 3.84 5.03 6.26 7.84 9.22 52...... 1.24 2.41 2.98 3.90 5.11 6.37 7.97 9.38 PART 25— FOURTH CLASS 53...... s______1.26 2.45 3.03 _ 3.96 5.19 6.48 8.10 9.54 54...... 1.28 2.49 3.08 4.02 6.27 6.59 8.23 9.70 5 5 ...... 1.30 2.53 3.13 4.08 5.35 6.70 8.36 9.86 Fourth-Class Mail Increased Postage 56...... , ...... 1.32 2.57 3.18 4.14 5.43 6.81 / 8.49 10.02 57...... 1.34 2.61 3.23 4.20 5.51 6.92 1 8.62 10.18 Rates 68...... 1.36 2.65 3.28 4.26 5.59 7.03 8.75 10.34 69...... i ...... 1.38 2.69 3.33 4.32 5.67 7.14 8.88 10.50 Pursuant to the general provisions re­ 60...... 1.40 2.73 3.38 4.38 5.75 7.25 9.01 10.66 61...... 1.42 2.77 3.43 4.44 5.83 7.36 9.14 10.82 lating to the Post Office Department 6 2...... 1.44 2.81 3.48 4.50 5.91 7.47 9.27 10.98 contained in Chapter IV of the Supple­ 63...... 1.46 2.85 3.53 4.56 5.99 7.58 9.40 11.14 64 . _ 1.48 2.89 3.58 4.62 6.07 7.69 9.53 11.30 mental Appropriation Act of 1951, ap­ 65...... 1.50 2.93 3.63 4.68 6.15 7.80 9.66 11.46 proved September 27, 1950, as amended 66...... 1.52 2.97 3.68 4.74 6.23 7.91 9.79 11.62 by section 213 of the Postal Rate Increase 67...... 1.54 3.01 3.73 4.80 6.31 8.02 9.92 11.78 68...... 1.56 3.05 . 3.78 4.86 6.39 8.13 10.05 11.94 Act, 1958, approved May 27,1958 (64 Stat. 69...... 1.58 3.09 3.83 4.92 6.47 8.24 10.48 12.10 1050^72 Stat. 143, 31 U.S.C. 695), and 70...... 1.60 3.13 3.88 4.98 6.55 8.35 10.31 12.26 section 207 of the Act of February 28, 1925, as amended (43 Stat. 1067, 45 E xceptions Stat. 942, 39 U.S.C. 247), this Depart­ a. In the first or second zone, where the distance by the shortest regular practicable mail route is 300 miles or ment requested the Interstate Commerce more, the rate is the same as for the third zone. Commission to consent to the establish­ b. Parcels weighing less than 10 pounds, and measuring over 84 inches but not exceeding 100 inches in length and girth combined, aré chargeable with a minimum rate equal to that for a 10-pound parcel for the zone to which ment of such rate increases and other addressed. 9478 RULES AND REGULATIONS

Zones * • * * • § 330.1 Statutory provisions. *■ exceeding— Local 1 and 2 3 , 4 5 6 7 8 * * * The benefits payable to any • * employee for each * * *. day of unemploy­ __ Pounds Cents Cents Cents Cents Cents Cents Cents Cents ment or sickness shall be the amount ap­ 1.8...... 14 16 18 20 22 24 26 28 pearing in the following table in column II 2.o...... : ...... 16 20 22 24 26 29 32 35 on the line on which, in column I, appears 2.5...... 18 23 25 27 29 33 37 41 the compensation range containing his total 3.0.— . . — ...... 18 24 26 28 31 36 40 45 3.5...... - ____ 19 25 28 30 34 39 44 50 compensation with respect to employment 4.0...... 20 27 29 32 36 42 . 48 54 in his base year: 4.5...... 20 28 31 34 39 45 51 59 5.0.__ ^...... 21 29 32 36 41 48 55 63 Column I Column II 6.5...... 22 30 34 38 43 51 59 68 Daily benefit 6.0...... 22 31 35 40 46 54 62 72 6.5...... 23 33 37 42 48 57 66 77 Total compensation . rate 7.0...... 24 34 38 44 51 60 70 81 $500 to $699.99— ______$4. 50 7.5...... 25 35 40 46 53 63 74 86 $700 to $999.99______:_____ 5. 00 8.0...... , ...... L * 25 36 41 47 55 66 77 90 $1,000 to $1,299.99— ______5. 50 8.5...... 26 37 43 49 58 69 81 95 9.0...... 27 39 44 51 60 ‘ 72 85 99 $1,300 to $1,599.99— _____ 6.00 9.5...... 27 40 46 63 63 75 88 104 $1,600 to $1,899.99______6.50 10.0...... - 28 41 47 55 65 78 92 108 $1,900 to $2,199.99______•______7.00 $2,200 to $2,499.99______7. 50 E xception: In the first or second zone, where the distance by the shortest regular practicable mall route Is 300 miles $2,500 to $2,799.99______£______8.00 or more, the rate shall be the same as for the third zone. $2,800 to $3,099.99______i._____ 8. 50 N ote: These rates apply to individually addressed catalogs and similar printed advertising matter in bound form, $3,100 to $3,499.99______9.00 weighing 16 ounces or over, but not exceeding 10 pounds, and consisting oK 4 or more pages. $3,500 to $3,999.99______9.50 (R.S. 161, as amended, 396, as amended; neration for the purpose of this subsection $4,000 and over______10.20 sec. 207, 43 Statt. 1067, 45 Stat. 942, as except with respect to an employee whose Provided, however, That if the daily benefit amended, sec. 101, 64 Stat. 1050, 72 Stat. 143; base-year compensation, exclusive of earn­ rate in column n with respect to any em­ U.S.C. 22, 369, 31 U.S.C. 695, 39 U.S.C. 247) 5 ings from the position or occupation in which ployee is less than an amount equal to 60 he earned such subsidiary remuneration, is per centum of the daily rate of compensa­ [ s e a l ] H erbert B . W a r b u r t o n , less than $500 * * *. General Counsel. tion for the employee’s last employment in For the purpose of this subsection, the which he engaged for an employer in the The rates set forth in the foregoing term “subsidiary remuneration” means, with base year, such rate shall be increased to amendments to § 25.1 of Title 39„ Code respect to any employee, remuneration not such amount but not to exceed $10.20. The in excess of an average of three dollars a day daily rate of compensation referred to in the of Federal Regulations, are hereby for the period with respect to which such adopted as the regulations of the De-; last sentence shall be as determined by the remuneration is payable or accrues, if the Board on the basis of information furnished partment. work from which the remuneration is derived to the Board by the employee, his employer, J. M cK ib b i n , Jr., (i) requires substantially less than full time or both * * *. (Section 2 (a ), Railroad Deputy Postmaster General. as determined by generally prevailing stand­ Unemployment Insurance. Act.) ards, and (ii) is susceptible of performance [F.R. Doc. 59-10004; Filed, Nov. 24, 1959; at such times and under such circumstances § 330.5 Use o f daily rate o f compensa­ 8:50 a.m.] as not to be inconsistent with*the holding tion in determining daily benefit rate. of normal full-time employment in another occupation. (Section l(k ), Railroad Unem­ (a) Initial determination. I f the ployment Insurance Act.) daily benefit rate specified in section Title 20— EMPLOYEES’ BENEFITS * * * * * 2(a) of the Act for the amount of the employee’s base year compensation is less Chapter II— Railroad Retirementv § 325.1 Statutory provisions. than the maximum daily benefit rate, it Board * * * • * shall be compared to 60 percent of the PART 322— REMUNERATION Section l(k) of the Railroad Unem­ daily rate (up to $17.00) of his compensa­ ployment Insurance Act (as amended) tion for the last employment in which PART 325— REGISTRATION AND provides that: he engaged for an employer in the base CLAIMS FOR BENEFITS * * * a day of unemployment, with re­ year; and whichever is the greater shall spect to any employee, means a calendar be established as the employee’s daily PART 330— DETERMINATION OF day on which he is able to work and is avail­ benefit rate for the benefit year. For DAILY BENEFIT RATES able for work and .with respect to which (i) this purpose, the office processing the no remuneration is payable or accrues to employee’s application for benefits may Miscellaneous Amendments him, and (ii) he has, in accordance with use the information furnished (1) on a such regulations as the Board may prescribe, verified pay rate report, or (2) on an Pursuant to the general authority con­ registered at an employment office * * *: unverified pay rate report showing a rate tained in section 12 of the act of June Provided, however, That “subsidiary remu­ of compensation not inconsistent with 25, 1938 (52 Stat. 1094, 1107; 45 U.S.C. neration” as * * * defined * * * shall not be considered remuneration for the purpose the usual rates of pay in the occupation 362), the first two paragraphs of § 322.1 of this subsection except with respect to an shown as the employee’s last employ­ of Part 322 (24 F.R. 2487), paragraph 2 employee whose base-year compensation, ex­ ment in the base year. If the rate of of § 325.1 of Part 325 (20 CFR 325.1), and clusive of earnings from the position or oc­ compensation shown on an unverified §§ 330.1 and 330.5(a) of Faft 330 (24 F.R. cupation in which he earned such subsidiary pay rate report appears to be inconsist­ 12) of the regulations under such act are remuneration, is less than $500: Provided, ent with the usual rate for the employee’s amended by Board Order 59-199, dated further, That remuneration for a working last employment in the base year, the November 5,1959, to read as follows: day which includes a part of each of two daily benefit rate to which his base year consecutive calendar days shall be deemed § 322.1 Statutory provisions. to have been earned on the first of such two compensation entitles him shall be used days, and any individual who takes work pending correction or verification of his Subject to the provisions of section. 4 of pay rate report. this act, (1) a day of unemployment, with for such working day shall not by reason respect to any employee, means a calendar thereof be deemed not available for work on (Sec. 12, 52 Stat. 1107, as amended; 45 U.SiC. day * * * with respect to which * * * no the second of such calendar days: Provided, 362) remuneration is payable or accrues to him further, That any calendar day on which no • * *; and (2) a “day of sickness”, with remuneration is payable to or accrues to an Dated: November 18,1959. respect to any employee, means a calendar employee solely because of the application By authority of the Board: day * * * with respect to which * * * ho re­ to him of mileage or work restrictions agreed muneration is payable or accrues to him upon in schedule agreements between em­ M a r y B. L i n k i n s , * * * Provided, however, That “subsidiary ployers and employees or solely because he Secretary of the Board. remuneration", as hereinafter defined in this is standing by for or laying over between [F.R. Doc. 59—9953; Filed, Nov. 24, 1959; subsection, shall not be considered remu­ regularly assigned trips or tours of duty shall 8:47 a.m.] Wednesday, November 25, 1959 FEDERAL REGISTER 9479

PROPOSED RULE MAKING

In computing taxable income, all' expendi­ by the taxpayer at the time he makes DEPARTMENT OF THE TREASURY tures paid or incurred during the taxable the election may not be subsequently year which are so treated shall be allowed as changed but shall be adhered to in com­ Internal Revenue Service a deduction ratably over such period of not less than 60 months (beginning with the first puting taxable income for the taxable [ 26 CFR (1954) Part 1 1 month in such taxable year) as may be se­ year for which the election is made and lected by the taxpayer in making such elec­ all subsequent taxable years. INCOME TAX; TAX Y E A R S BE­ tion. The expenditures so treated are ex­ (3) Section 177 permits an election by GINNING AFTER DECEMBER 31, penditures properly chargeable to capital ac­ the taxpayer for each separate trade­ 1953 count for purposes of section 1016(a) ( 1 ) mark or trade name expenditure.. Thus, (relating to adjustments to basis of prop­ a taxpayer who has several .trademark Trademark and Trade Name erty) . or trade name expenditures in a taxable (b ) Trademark and trade name expendi­ Expenditures tures defined. For purposes of subsection year may elect under section 177 with respect to some of such expenditures and Notice is hereby given, pursuant to the (a), the term “trademark or trade name ex­ penditure” means any expenditure which— not elect with respect to the other ex­ Administrative Procedure Act, approved (1) Is directly connected with the acquisi­ penditures. Also, a taxpayer may choose June 11, 1946, that the regulations set tion, protection, expansion, registration (Fed­ different amortization periods for differ­ forth in tentative form below are pro­ eral, State, or foreign), or defense of a trade­ ent trademark ¡ or trade name expend­ posed to be prescribed by the Commis­ mark or trade name; itures with respect to which he has made sioner of Internal Revenue, with the (2) Is chargeable to capital account; and the election under section 177. (3) Is not part of the consideration paid approval of the Secretary of the Treas­ (4) All trademark and trade name ury or his delegate. Prior to the final for a trademark, trade name, or business. (c) Time for and scope of election. The expenditures are properly chargeable to adoption of such regulations, considera­ election provided by subsection (a) shall be capital account for purposes of section tion will be given to any comments or made within the time prescribed by law (in­ 1016(a) (1), relating to adjustments to suggestions pertaining thereto which are cluding extensions thereof) for filing the re­ basis of property, whether.or not they submitted in writing, in duplicate, to the turn for the taxable year during which the are to be amortized under section 177. Commissioner of Internal Revenue, A t­ expenditure is paid or incurred. The period However, the trademark and trade name tention: T:P , Washington 25, D.C., selected by the taxpayer under subsection (a ) with respect to the expenditures paid or expenditures with respect to which the within the period of 30 days from the taxpayer has made an election under date of publication of this notice in the incurred during the taxable year which are treated as deferred expenses shall be adhered section 177 must be kept in a separate Federal Register. Any person sub­ to in computing his taxable income for the account in the taxpayer’s books and rec­ mitting written comments or suggestions taxable year for which the election is made ords. See paragraph (c) of this section. who desires an opportunity to comment and all subsequent years. See also section 1016(a) (16) and para­ orally at a public hearing on these pro­ (d ) Cross reference. For adjustments to graph (m) of § 1.1016-5 for adjustments posed regulations should submit his re­ basis of property for amounts allowed as de­ to basis of property for amounts allowed quest, in writing, to the Commissioner ductions for expenditures treated as de­ ferred expenses under this section, see sec­ as deductions under section 177 and this within the 30-day period. In such a case, tion 1016(a)(16). section. a public hearing will be held, and notice (b) Trademark and trade name ex­ of the time, place, and date will be pub­ [Sec. 177 as added by sec. 4 (a ), Pub. Law 629, 84th Cong., 70 Stat. 406] penditures defined. (1) The term lished in a subsequent issue of the “ trademark and trade name - expend­ Federal R egister. The proposed regula­ § T. 177—1 Election to amortize trade­ iture” , as used in section 177 and this tions are to be issued under the authority mark and trade name expenditures. section, means any expenditure which— contained in section 7805 of the Internal (a) In general. (1) Section 177 pro­ (i) Is directly connected with the ac­ Revenue Code of 1954 (68A Stat. 917; 26 vides that a taxpayer may elect to treat quisition, protection, expansion, registra­ U.S.C. 7805). any trademark or trade name expendi­ tion (Federal, State, or foreign), or [ seal] D ana Latham, ture (defined in section 177(b) and para­ defense of a trademark or trade name; Commissioner of Internal Revenue. graph (b) of this section) paid or in­ (ii) Is chargeable to capital account; curred during a taxable year beginning and In order to conform the Income Tax after December 31, 1955, as a deferred (iii) It is not part of the consideration Regulations (26 CFR Part 1) to section of purchase price paid for a trademark, 4 of the Act of June 29, 1956 (Public Law expense. Any expenditure so treated shall be allowed as a deduction ratably trade name, or a business (including 629, 84th Cong., 70 Stat. 406)., relating goodwill) already in existence. to trademark and trade name expendi­ over the number of continuous months (not less than 60) selected by the tax­ ture paid or incurred during any tax­ An expenditure which fails.to meet one able year beginning after December 31, payer, beginning with the first month of or more of these tests is not a trademark the taxable year in which the expendi­ 1955, such regulations are amended as or trade name expenditure for purposes ture is paid or incurred. The term “ paid follows: of section 177 and this section. or incurred” , as used in section 177 and Amounts paid in connection with the § 1.167 [Amendment] this section, is to be construed according acquisition of an existing trademark or P aragraph 1. Section 1.167(a )-3 is to the method of accounting used by the trade name may not be amortized under amended by adding at the end thereof taxpayer in computing taxable income. section 177 even though such amounts See section 7701(a) (25). An election the following sentence: “For rules with may be paid to protect or expand a previ­ under section 177 is irrevocable insofar ously owned trademark or trade name respect to trademark and trade name ex­ as it applies to a particular trademark penditures, see section 177 and the regu­ through purchase of a competitive trade­ or trade name expenditure, but separate mark. Similarly, the provisions of sec­ lations thereunder.” elections may be made with respect to tion 177 and this section are. not applica­ Par. 2. The following is inserted im­ other trademark or trade name expend­ ble to expenditures paid or incurred for mediately after § 1.176: itures. See subparagraph (3) of this an agreement to discontinue the use of a paragraph. See also paragraph (c) of trademark or trade name (if the effect § 1.177 Statutory provisions; trademark this section for time and manner of mak­ of the agreement is the, purchase of a and trade name expenditures. ing election. ' trademark or^-trade name) nor to Sec. 177. Trademark and trade name ex­ (2) The number of continuous monthsexpenditures paid or incurred in acquir­ penditures— (a ) Election to amortize. Any selected by the taxpayer may be equal ing franchises or rights to the use of a trademark or trade name expenditure paid or to or greater, but not less, than 60, but trademark or trade name. Generally, incurred during a taxable year beginning in any event the deduction must begin after December 31, 1955, may, at the election section 177 will apply to expenditures of the taxpayer (made in accordance with with the first month of the taxable year such as legal fees and other costs in con­ regulations prescribed by the Secretary or his in which the expenditure is paid or in­ nection with the acquisition of a certifi­ delegate), be treated as a deferred expense; curred. The number of months selected cate of registration of a trademark from 9480 PROPOSED RULE MAKING the United States or other government, § 1.1016 [Amendment] associated control areas from Las Vegas artists’ fees and similar expenses con­ to Liberal via a VOR to be installed nected with the design of a distinctive P ar. 3. Section 1.1016 is amended— (A) By striking out the period at the approximately February 11, 1960, near mark for a product or service, litigation Clayton, N. Mex., at Latitude 36°23’ 18" expenses connected with infringement end of section 1016(a) (15) and inserting in lieu thereof a semicolon and by adding N., Longitude 103°12'30" W., would pro­ proceedings, and costs in connection vide a by-pass airway to the north of with the preparation and filing of an at the end of section 1016(a) the fol­ lowing new paragraph: Dalhart, and would permit more effective application for renewal of registration management of air traffic in this heavily and continued use of a trademark. (16) For amounts allowed as deductions travelled area. for expenditures treated as deferred expenses (2) Expenditures for a trademark or I f this action is taken, VOR Federal trade name which has a determinable under section 177 (relating to trademark and trade name expenditures) and resulting in a airway No. 482, with associated control useful life and which would otherwise be reduction of the taxpayer’s taxes under this areas would be designated from Las depreciable under section 167 must be subtitle, but not less than the amounts Vegas, N. Mex., via Clayton, N. Mex., to deferred and amortized under section allowable under such section for the taxable Liberal, Kans. 177 if an election under section 177 is year and prior years. Interested persons may submit such made with respect to such expenditures. (B) By inserting the following his­ written data, views or arguments as they (3) The following examples illustrate torical note after section 1016(b): may desire. Communications should be the application of section 177: submitted in triplicate to the Regional [Sec. 1016 as amended by sec. 4 (c ), Act of Example (I). X Corporation engages an June 29, 1956 (Pub. Law 629, 84th Cong., Administrator, Federal Aviation Agency, artist to design a distinctive trademark for 70 Stat. 407) ] 5651 West Manchester Avenue, P.O. Box its product. At the same time it retains an 90007, Airport Station, Los Angeles 45, attorney to prepare the papers necessary for § 1.1016—5 [Amendment] Calif. All communications received registration of this trademark with the Fed­ eral Government. The fees of both the P ar. 4. Section 1.1016-5 is amended by within thirty days after publication of artist and the attorney may be amortized adding after paragraph (1) the follow­ this notice in the F ederal R egister will under section 177 over a period of not less ing pew paragraph: be considered before action is taken on than 60 continuous months. the proposed amendment. No public Example (2). Y Corporation wishes to (m) Trademark and trade name ex­ hearing is contemplated at this time, expand the market served by its product. It penditures. Trademark and trade name but arrangements for informal confer­ acquires a competing firm in a neighboring expenditures treated as ‘deferred ex­ ences with Federal Aviation Agency offi­ State. The contract of sale provides for a penses under section 177 are chargeable cials may be made by contacting the purchase price of $250,000 of which $225,000 to capital account and shall be an ad­ Regional Administrator, or the Chief, shall constitute payment for physical assets justment to the basis of the property to and $25,000 for the trademark and goodwill. Airspace Utilization Division, Federal No part of the purchase price may be amor­ which they relate. The basis so adjusted Aviation Agency, Washington 25, D.C. tized under section 177. shall be reduced by the amount of such Any data, views or arguments presented Example (3). M Corporation brings suit expenditures allowed as deductions during such conferences must also be against N Corporation for infringement of which results in a reduction for any submitted in writing in accordance with M ’s trademark. The costs of this litigation taxable year of the taxpayer’s taxes this notice in order to become part of may be amortized under section 177. under subtitle A (other than chapter 2, the record for consideration. The pro­ (c) Time and manner of making elec­relating to tax on self-employment in­ posal contained in this notice may be tion. (1)A taxpayer who elects to defer come) of the Internal Revenue Code of changed in the light of comments re­ and amortize any trademark or trade 1954, but not less than the amounts al­ ceived. name expenditure paid or incurred lowable under such section for the tax­ The official Docket will be available during a taxable year beginning after able year and prior years. This amount for examination by interested persons December 31,1955, shall, within the time is considered as the “tax-benefit amount at the Docket Section, Federal Aviation prescribed by law (including extensions allowed” and shall be determined in ac- Agency, Room B-316, 1711 New York thereof) for filing his income tax return cordance w i t hv paragraph (e) of Avenue NW., Washington 25, D.C. An for that year, attach to his income tax § 1.1016-3. informal Docket will also be available return a statement signifying his elec­ [F.R. DOC. 59-9966; Filed, Nov. 24, 1959; for examination at the office of the tion under section 177 and setting forth 8:48 a.m.] Regional Administrator. the following: This amendment is proposed under (1) Name and address of the taxpayer, sections 307(a) and 313(a) of the Fed­ and the taxable year involved; eral Aviation Act of 1958 (72 Stat. 749, (ii) An identification of the character FEDERAL AVIATION AGENCY 752; 49 U.S.C. 1348,1354). and amount of each expenditure to which [1 4 CFR Parts 600, 601 ] the election applies and the number of Issued in Washington, D.C., on Novem­ continuous months (not less than 60) [Airspace Docket No. 59-WA-350] ber 18, 1959. during which the expenditures are to be FEDERAL AIRWAYS AND CONTROL G eorge S. C a s sa d y , ratably deducted; and Acting Director, Bureau of (iii) A declaration by the taxpayer AREAS Air Traffic Management. that he will make an accounting segrega­ Designation [F.R. Doc. 59-9943; Filed, Nov. 24, 1959; tion on his books and records of the 8:45 a.m.] trademark and trade name expenditures Pursuant to the authority delegated for which the election has been made, to me by the Administrator (§409.13, 24 sufficient to permit an identification of F.R. 3499), notice is hereby given that the Federal Aviation Agency is consider­ the character and amount of each such [1 4 CFR Part 601 1 expenditure and the amortization period ing an amendment to Parts 600 and 601 selected for-each expenditure. of the regulations of the Administrator, * [Airspace Docket No. 59-KC-67] (2) The provisions of subparagraph the substance of which is stated below. The Federal Aviation Agency has CONTROL ZONES AND CONTROL (1) of this paragraph shall apply to in­ AREAS come tax returns and statements re­ under consideration the designation of quired to be filed more than 90 days after VOR Federal airway No. 482 from Las Designation of Control Zone and the date of publication in the F ederal Vegas, N. Mex., to Liberal, Kans. This would be a new airway. At present, a Modification of Control Area Exten­ R egister of regulations under section sion 177 as a Treasury decision. Elections portion ,of the parallel route structure serving the Albuquerque, N. Mex., termi­ properly made in accordance with the Pursuant to the authority delegated to nal area from the east is formed by VOR provisions of Treasury Decision 6209, ap­ me by the Administrator (§ 409.13, 24 Federal airways No. 190 and 234. How­ F.R. 3499), notice is hereby given that proved October 26, 1956 (21 F.R. 8319), ever, these routes converge at Dalh'art, the Federal Aviation Agency is consider­ continue in effect. Tex. Designation of Victor 482 with ing an amendment to Part 601 and Wednesday, November 25, 1959 FEDERAL REGISTER 9481

§ 601.1103 of the regulations, of the Ad­ eral Aviation Act of 1958 (72 Stat. 749, quent rule making proceedings which ministrator, the substance of which is 752; 49 U.S.C. 1348,1354). proceedings would also encompass revi­ sion of the classes of persons eligible stated below. Issued in Washington, D.C., on Novem­ The Federal Aviation Agency has un­ for licensing in the Special Emergency ber 18, 1959. Radio Service. der consideration a proposal by the G eorge S. C assad y, 3. Subsequent to the Commission’s United States Air Force to designate a Acting Director, Bureau of control zone at Minot AFB, N. Dak., and Air Traffic Management. - final paction in Docket No. 11990, pe­ to modify the Minot control area exten­ titions have been filed, by persons includ­ sion. Minot AFB is located approxi­ [F.R. Doc. 59-9944; Filed, Nov. 24, 1959; ing the American Association of State mately 12 miles north-northwest of 8:45 a.m.] Highway Officials, the California State Minot, N. Dak., at latitude 48°25T8" N., Highway Patrol, the Associated Public longitude 101 °22'08" W. An instrument Communications Officers, Inc., and the landing system is being installed at Minot California Public Safety Radio Associa­ AFB to serve landing traffic with final FEDERAL COMMUNICATIONS tion, each of which seeks to have all or approach from the southeast to the a part of the above-referred-to frequen­ northwest. At present, there is no con­ COMMISSION cies made assignable to Highway Main­ trol fcone designated at Minot AFB. [4 7 CFR Part 10 1 tenance Radio Service, Police Radio Designation of a controlzone, within a Service, or Fire Radio Service licensees. [Docket No. 13273; FCC 59-1177] 5-mile radius of Minot AFB, with an ex­ Petitions have also been filed by the tension to the southeast, 2 miles either PUBLIC'SAFETY RADIO SERVICES American Hospital Association and the side of the Minot AFB IDS localizer American Medical Association seeking southeast course to the outer marker, -Notice of Proposed Rule Making rule changes which collectively, so far which is to be installed at latitude In the matter of amendment of as Part 10 of the Commission’s Rules is 28°21'01" N., longitude 101°12'43" W., Part 10 of the Commission’s rules, so concerned, would make persons operat­ would provide protection for aircraft as to establish a medical emergency ing hospitals, and physicians, regardless conducting instrument approaches at radio service; provision of additional as­ of geographical location, eligible for li­ Minot AFB. The present Minot control signable frequencies for the use of li­ censing in the Public Safety Radio Serv­ area extension Is designated within a 15- censees in the Police, Fire and Highway ices and provide frequencies that would mile radius of the Minot VOR. To pro­ Maintenance Radio Services; revision of be available only for the use of such vide protection for aircraft arriving and the classes of persons who are eligible classes o f persons. In addition, the Gen­ departing both Minot AFB.. and Minot for licensing in the Special Emergency eral Electric Company has requested International Airport during instrument Radio Service and the deletion of certain that .two frequencies in the 152-162 Me conditions, it is proposed to redesignate frequencies assignable to licensees in the band be made available for the control the Minot control area extension within Special Emergency Radio Service, of traffic devices. a 3 5-mile radius of Minot AFB. Docket No. 13273. 4. The American Association of State I f these actions are taken, a control 1. Notice is hereby given of Proposed Highway Officials seeks to have all six of zone would be designated at Minot AFB, Rule Making in the above-captioned the frequencies in the 42-50 Me band N. Dak., within a 5-mile radius of Minot procedure. which presently bear no service-alloca­ AFB and within 2 miles either side of 2^ The Commission, in Docket Num­ tion made available for assignment to the Minot AFB localizer southeast course ber 11253, reduced the separation be­ Highway Maintenance Radio Service li­ extending from the 5-mile radius zone to tween assignable frequencies in 152-162 censees. In support of such sought al­ the Minot AFB outer marker. The Minot Me band from 60 to 30 kilocycles and location^ the resolution of this petitioner control area extension would be desig­ subsequently, in Docket Nupiber 11990, alleges: “The greatly expanded highway nated within a" 35-mile radius of Minot further reduced the separation between program now under way has accelerated AFB. assignable frequencies in this band from the rate at which highway departments Interested persons may submit such 30 to 15 .kilocycles. Separation between are applying for authorization to use written data, views or arguments as they assignable frequencies in the 42-50 Me radio frequencies” and “ the needs of may desire. Communications should be band was also reduced from 40 to 20 highway departments cannot be met in 'submitted in triplicate to the Regional kilocycles by the Commission’s action all instances from frequencies now al­ Administrator, Federal Aviation Agency, in Docket Number 11990. Service allo­ located to the Highway Maintenance 4825 Troost Avenue, Kansas City 10, Mo. cations for all frequencies made assigna­ Radio Service.” All communications received within ble by virtue of the above referred to 5. The California Public-Safety thirty days, after publication of this reductions in the separation between Radio Association, Inc., seeks “ amend­ notice in the F ederal R egister will be assignable frequencies were proposed in ment of Part 10 of the Rules to make considered before action is taken on the Dockets Number 11990 and 12169. How­ immediately available to the Police and proposed amendment. No public hear­ ever, the Reports and Orders in these Fire Radio Services all of the un­ ing is contemplated at this time, but ar­ proceedings established no service allo­ assigned split-channel frequencies ex­ rangements for informal conferences cations for six frequencies in the 42-50 isting between the present police and with Federal Aviation Agency officials Me band and 69 frequencies in the 152- fire frequencies.” (All. of the six fre­ may be made by contacting the Regional 162 Me band. These frequencies are quencies in the 42-50 Me band and the Administrator, or the Chief, Airspace composed of 6 frequencies in the 42-50 69 frequencies in the 152-162 Me band Utilization Division, Federal Aviation Me band and 24 frequencies in the 152- which bear no service-allocation are Agency, Washington 425, D.C. Any data, 162 Me band originally proposed to be composed of split-channels between fre­ views or ' arguments presented during made available for assignment to li­ quencies presently assignable either to such conferences must also be submitted censees in the proposed Interstate High­ Police Radio Service or Fire Radio Serv­ in writing in accordance with this notice way Radio Service, which service was ice licensees.) This petitioner which in order to become part of the record for never established; 33 frequencies in the represents the “ majority of the radio consideration. The proposal contained 152-162 Me band originally proposed to services within its area of operations in this notice may be changed in the be made available for assignment to [14 California counties! functioning light of comments received. licensees in the Local Government under Part 10 of the Rules” has sub­ The official Docket will be available Radio Service but which were not made mitted, as an appendix to its petition, a for examination by interested persons at so assignable; and 12 frequencies in the total of 12 exhibits. Among the facts the Docket Section, Federal Aviation 152-162 Me band which were proposed which these exhibits indicate are: that Agency, Room B-316, 1711 New York for assignment to licensees in the Spe­ in the 14 counties represented by the Avenue NW., Washington 25, D.C. An cial Emergency Radio Service but which petitioner there were on January 1, 1958, informal Docket will also be available for were likewise not made so assignable. 8,500,300 persons; that in 9 of the coun­ examination at the office of the Regional The Commission stated in the Réport ties represented by the petitioner there Administrator. and Order in Docket Number 11990 that are a total of 4,426,853 registered motor This amendment is proposed under the service-allocation of all these fre­ vehicles; that there are 104 cities within sections 307(a) and 313(a) of the Fed- quencies would be established in subse­ a 75 mile radius of Los Angeles City Hall No. 230------3 9482 PROPOSED RULE MAKING with a total population of 7,223,701; that this service a block of ten frequencies in communications with other vehicles such in the area represented by the petitioner the 150 Me band and two frequencies in as the automobiles of staff physicians “ the thirty-five 150 Me police channels the 40 Me band all on an exclusive basis” and surgeons and other key hospital per­ now available are occupied by 114 base, and “ amend subpart J of Part 10 of the sonnel and with vehicles such as hos­ 4,495 mobile, 37 control and 7 mobile Rules to permit utilization of the existing pital trucks and station wagons” ; “ effec­ relay stations, and that the twelve 150 rural physician’s radio service in com­ tive communication between hospitals Me fire channels are occupied by 144 munities and towns up to 50,000 in pop­ where timing is critical”. base, 1,382 mobile and 3 mobile relay sta­ ulation.” This petitioner recognizes the In addition to alleging numerous needs tions” ; and that population of the area fact that the Commission’s rules, as for the use of radio facilities by hospitals, represented by the petitioner has experi­ presently constituted, allow the licensing petitioner states: enced a phenomenal growth in the past of physicians having a regular practice The adoption of rules which establish seven years. in rural areas. However, petitioner al­ specific eligibility standards for hospitals This petitioner alleges that the exhibits leges that there is also an urgent need and which reserve radio frequencies for the submitted with its petition show there is for allowing physicians operating in use of hospitals would permit greater utili­ an existing need for additional frequen­ urban areas to be likewise licensed so zation of radio by hospitals and would be in cies available to Fire Radio Service and as to provide a reliable radio service “for accord with three fundamental principles Police Radio Service licensees in its area the use of the medical profession not which the Commission in the past has es­ only in the day-to-day emergencies af­ tablished as guides in determining the al­ of operation and that failure to provide location of non-broadcast frequencies. First, such additional available frequencies fecting the safety of life that arise in the hospitals really require the use of radio would require that additional radio sys­ routine practice of the profession, but because wire lines are not a practical sub­ tems be allowed to utilize present oper­ also for use in mobilizing physicians stitute. Second, hospital use of radio has ating frequencies which action will during times of extreme national, re­ a relatively greater priority than many other “ seriously impair the operation of exist­ gional or local emergency.” The peti­ uses for radio— including existing uses— ing systems, create an intolerable inter­ tioner states that the Commission’s pres­ since it is necessary to safeguard human ference situation and place an economic ent rules regarding the use of radio life. Third, the use of radio by hospitals facilities licensed to physicians having a would render benefits to the public at large problem on new systems by stipulating because all persons in the community bene­ a frequency change at some future date.” regular rural practice which limit the use fit by improved hospital service. 6. The Associated Public Communica­ of such facilities to “messages relating to tions Officers, Inc., seek, as did the Cali­ safety of life or property and urgent mes­ It is the contention of the American fornia Public-Safety Radio Association, sages relating to the medical duties c f Hospital Association that “ at least two Inc., rule amendments which would make the licensee” are satisfactory but that frequencies below 50 Me and at least 3 available to Police Radio Service and the rural physician limitation should be frequencies in the 150 Me or 450 Me Fire Radio Service licensees all of the altered. Therefore, the petitioner re­ bands should be provided on an exclu­ aforementioned frequencies. This or­ quests that the present rules applicable sive basis for the use of hospitals” so as ganization which represents “govern­ to the use of radio facilities by physi­ to allow such organizations to efficiently mental licensees in the Public Safety cians having a regular rural practice be carry out their functions in regard to the Radio Services within the northern part amended so as to provide that physicians safety and preservation of human life. of California and the State of Nevada,” having a regular practice in towns or The petitioner indicates a willingness to points out many of the same facts alleged communities up to 50,000 population are have any such frequencies that may be in support of the petition filed by the eligible for licensing in the Special made available for the use of hospitals California Public-Safety Radio Associa­ Emergency Radio Service. In addition, limited so that only those communica­ tion, Inc. In addition, this petitioner this party states that: “ with respect to tions necessary to the rendition of an states “many agencies are operating, due cities having a population in excess of efficient hospital service may be transmitted. to the lack of suitable frequencies, 100- 50,000, i>etitioner believes that physi­ 150 police or fire mobile units on a single cian’s needs can best be met by requir­ * 10. The Commission after considering channel. Our experience during recent ing the cooperative use of a block of each of the petitions referred to, supra, proposes to: earthquakes, floods, other similar emer­ frequencies assigned to a central office of (a) Establish a Medical Emergency gencies, indicates during these periods a medical bureau- or medical society fur­ anything in excess of 50 mobile units per nishing service to all physicians desiring Radio Service wherein eligibility for li­ censing would be limited to physicians, channel causes such serious overloading radio communications service. This would result in efficient use of the fre­ persons operating hospitals and persons of the channel that the systems tend to operating emergency ambulance services. break-down, resulting in loss of opera- quencies and would provide the special personalized type of service needed by (b) Make 13 of the frequencies in tions-and coordination among the mobile 152-162 Me band and four of the fre­ units.” the medical profession.” 9. The American Hospital Associationquencies in the 42-50 Me band, presently 7. The California Highway Patrol seeks seeks the establishment of “specific eli­ bearing no service-allocation, available rule amendments which would provide gibility standards for hospitals” and the for assignment to licensees in the pro­ that 16 additional frequencies in 152-162 allocation of “radio frequencies for the posed Medical Emergency Radio Service. Me bands be made available to Police use of such hospitals.” In support of its (c) Require that radio facilities li­ Radio Service users and requests that request, petitioner alleges that “hospitals censed in the Medical Emergency Radio such frequencies be restricted so as to be daily are confronted with emergency sit­ Service transmit only urgent messages primarily assignable only to State licen­ uations which involve the safety and essential to the medical duties of the sees. In suport of its request this peti­ preservation of human life and allevia­ licensee, urgent messages essential to the tioner alludes to the Commission’s recent tion of human suffering under circum­ efficient rendition of hospital service, or suggestion in Docket 11269 that “ agencies stances in which time is a critical factor. urgent messages essential to the efficient requiring dependable communications Moreover, when a serious accident occurs rendition of an ambulance service. look to frequencies other than the 30-50 and when a disaster strikes a community, (d) Make 10 frequencies in 152-162 Me band for relief” and states that fre­ hospitals become focal points of com­ Me band which bear no service-allocation quencies in the 150 Me band should be munity medical resources in caring for available for assignment to licensees in provided for the use of state-wide polic­ the multiple casualties.” It is the peti­ the Highway Maintenance Radio Service. ing organizations because such frequen­ tioner’s contention that the availability (e) Make 16 of the frequencies in the cies” are not subject to the skip inter­ of radio communication will enable it 152-162 Me band and two frequencies ference problems in the 42 Me channels.” “better to care for the ill and injured in the 42-50 Me band which presently 8. The American Medical Association and to discharge their public responsi­ bear no service-allocation available for filed a petition which requested amend­ bility to provide more effective hospital assignment to licensees in the Fire Radio ment of several parts of the Commission’s service and medical care for the protec­ Service. It is proposed that a frequency rules. Insofar as Part 10 is concerned, tion of life and alleviation of suffering.” in the 42-50 Me band and one of the this petitioner seeks rule amendments Among the needs petitioner alleges frequencies in the 152-162 Me band will which will “ establish a class of private hospitals have for radio communications be assignable to all persons eligible for mobile radio service to be known as are: “ effective hospital communication licensing in the Fire Radio Service re­ Physician’s Radio Service, and assign to with ambulances” ; “ effective hospital gardless of the applicant’s proximity to Wednesday, November 25, 1959 FEDERAL REGISTER 9483 other licensees authorized to utilize said (m) Provide that all the frequencies frequency or frequencies but for “mu­ in the 42-50 Me and 152-162 Me band for INTERSTATE COMMERCE tual aid” communications only and that which, service-allocations are being pro­ subsequent to November 1, 1963, assign­ posed will be made assignable upon the COMMISSION ment of other frequencies for the pro­ same conditions regarding coordination vision of “mutual aid” communications and equipment which may be utilized as r 49 CFR Part 1701 will not be permitted. are the split-channels made assignable DAVENPORT, * IOWA-ROCK ISLAND (f ) Make 25 frequencies in the 152-162 in Dockets Number 11990 and 12169. AND MOLINE, ILL., COMMERCIAL Me band presently bearing no service- 11. Interested persons are specifically allocation available for assignment to requested to file comments setting forth : ZONE licensees in the Police Radio Service. (a) Reasons why all frequencies made Notice of Proposed Rule Making .(g) Make 5 frequencies in the 152-162 assignable to licensees in the proposed Me band which presently bear no service- Medical Emergency Radio Service should N o v em ber 20/1959. allocation available for assignment to be made available for physicians, persons Revision of dèfiriìtion of boundary of licensees in the Special Emergency Ra­ operating hospitals and ambulance oper­ Davenport, Iowa-Rock Island and Mo­ dio Service and require that, after No­ ators or in the alternative why such fre­ line, 111., Commercial Zone heretofore vember 1, 1963, applications seeking quencies should be limited so that only a defined in No. MC-C-329; Davenport, assignment of such frequencies comply portion of them would be available to Iowa-Rock Island and Moline, 111.7 Com­ with the coordination provisions of § 10.8. each of these classes of eligible persons. mercial Zone, 48 M.C.C. 678. (Prior to November 1, 1963, these fre­ Comments advocating limitation of fre­ Pursuant to section 4(a) of the Ad­ quencies would be assignable on the same quencies being proposed for assignment ministrative Procedure Act (60 Stat. conditions regarding coordination as are to licensees in the contemplated Medical 237, 5 U.S.C. 1003), notice is hereby given other “ split-channels.” See paragraph Emergency Radio Service sb that given that, for the purpose of including addi­ 10(m), infra.) frequencies may be assigned only to one tional points and areas, which by reason (h) Delete from the classes of persons class of the proposed licensees should of industrial and other developments eligible for licensing in the Special Emer­ specifically point out: and growth have become a part thereof, gency Radio; Services : The manner in which communication within the defined limits of the zone (1) ambulance operators between the various classes of licensees which is adjacent to and commercially a (2) physicians in the proposed service; i.e., physicians, part of Davenport, Iowa, ' and Rock hospital and ambulance operators, will Island and Moline, 111., within the mean­ (This action is being proposed in view be enhanced by the use of radio facili­ ing of section 203(b) (8) of the Interstate of the fact that ambulance operators and ties; and Commerce Act, the Interstate Commerce physicians will be eligible for licensing (b) Reasons why all or a portion of the Commission; informed by experience and in the proposed Medical Emergency Ra­ frequencies being proposed for assign­ by an informal investigation, ‘proposes dio Service. ment to licensees in the Police Radio to modify and redefine, as hereinafter (i) Provide that ambulance operators, Service should or should not be re­ indicated, the limits of the zone adjacent physicians, and persons operating com­ stricted so as not to be available to State to and commercially a part of Daven­ munications facilities presently licensed licensees. port, Iowa, and Rock Island and Moline, in the Special Emergency Radio Service 12. The proposed amendments herein­ 331., as determined in Davenport-Rock may continue to be so licensed until No­ above described are issued pursuant to Island and Moline Commercial Zone, 48 vember 1, 1963, provided that such li­ the authority contained in sections 4(i) M.C.C. 678, § 170.10, and to revise the censees continue to utilize only those and 303 of the Communications Act of description of such zone limits to read frequencies which they are presently 1934, as amended. as follows : authorized to utilize. 13. Any interested person who is of the (j) Delete from the frequencies pres­ ( 1 ) All points within the corporate limits opinion that the proposed amendment of the City of Davenport and the City of ently available for assignment to licen­ should not be adopted, or should not be Bettendorf, and in Davenport Township, sees in the Special Emergency Radio adopted in the form set forth herein may Iowa; Service the 38 assignable frequencies in file with the Commission on or before (2) All points north of Davenport Town­ the 450-460 Me band. February 1, 1960, written data, views or ship within that portion of Sheridan Town­ (k) Provide that those persons pres­ arguments setting forth his comments. ship, Iowa, bounded by a line as follows: ently licensed in the Special Emergency Comments in support of the proposed Beginning at the point somewhat south ¡and Radio Service and aûthorized to utilize east of Mount Joy Airport where an unnum­ amendment may also be filed on or be­ bered highway extending northeasterly to frequencies in the 450-460 Me band may fore the same date. Comments in reply the site of Mount Joy Airport crosses the continue to be so authorized without cut­ to the original comments may be filed northern boundary of Davenport township, off date. within thirty days from the last day for and extending northwesterly along such (l) Provide that applications in the filing said original data, views or argu­ highway to the southeasterly, corner of such Public Safety Radio Services which seek ments. No additional comments may be airport, thence along the eastern, northern assignment of frequencies in the 450-460 filed unless (1) specifically requested by and western boundaries of said airport" to Me band must comply with the coordi­ the southwestern corner thereof, and thence the Commission or (2) good cause for the south in a straight line to the northern nation procedures set forth in Section filing of such additional comments is es­ boundary of Davenport Township; 10.8 of the Commission’s Rules except tablished. The Commission will con­ (3) (a) That part of Iowa lying west of that such applications need demonstrate sider all such comments pribr to taking the municipal limits of Davenport, south of coordination in the manner set forth in final action in this matter, and if com­ Iowa Highway 22, north of the Mississippi such section only within a radius of 25 ments are submitted warranting oral ar­ River and east of the present Western miles of the proposed station location. gument, notice of the time and place of boundary of the properties of the Dewey (The proposals contained in sub-para­ Portland Cement Co., at Linwood, including such oral argument will be given. points on such boundaries, and (b) that graphs (j ), (k), and (1) are advanced for In. accordance with the provisions of part of Iowa east of the municipal limits of the purpose of making the spectrum § 1.54 of the Commission’s rules and reg­ Bettendorf, south of U.S. Highway 67, west space in the 450-460 Me band presently ulations, an original and fourteen copies o f a private road running between U.S. High­ allocated to the Public Safety Radio of all statements, briefs, or comments way 67, and Riverside Power Plant of the Services sufficiently “ interference-free” filed shall be furnished the Commission. Iowa-Illinois Gas & Electric Co., and north as to allow extensive use thereof in the of the Mississippi River,' including points on Adopted: November 18, 1959. coxiduct of essential communications by such boundaries; (4) The municipalities of Carbon Cliff, Police, Fire, Highway Maintenance, For­ Released: November 20, 1959. Silvis, East Moline, Moline', Rock Island, and estry-Conservation, and Local Govern­ F ederal C ommunications Milan, 111., and that part of Illinois lying ment licensees. Extensive use of these C o m m is s io n , south or east of such municipalities, within a line as follows; Beginning at a point where frequencies will relieve, to some extent, [ s e a l ] M a r y Ja n e M o r r is, Illinois Highway 84 crosses the southern congestion in the essential Public Safety Secretary. municipal limits of Carbon Cliff and extend­ Services which presently exists in many [F.R. Doc. 59-9977; Filed, Nov. 24, 1959; ing southerly along such highway to its junc­ areas of the country.) 8:49 a.m.} tion with Colona Road, thence southerly on 9484 PROPOSED RULE MAKING

Bowlesburg Road to the southern boundary State or States or the District of ¡Colum­ in Washington, D.C., on or before De­ of Hampton Township, thence along the bia in his or its name. cember 31, 1959. southern boundaries of Hampton and South Moline Townships to U.S. Highway 150, No oral hearing is contemplated in Notice to the general public will be thence southerly along U.S. Highway 150 to respect of the proposal set forth above, given by depositing a copy of this notice the southern boundary of the Moline Air­ but interested parties may file with the in the Office of the Secretary of the port, thence along the southern and western Commission written statements of facts, Commission for public inspection and boundaries of the Moline Airport to Illinois opinion, or arguments concerning the by filing a copy with the Director, Office Highway 92, and thence westerly along Illi­ of the Federal Register. nois Highway 92 to the corporate limits of subject matter hereof. Any written Milan; and statements so filed shall conform with By the Commission. (5) All points in Illinois within % milethe specifications provided in $ 1.15 of on each side of Rock Island County State the Commission’s general rules of prac­ [ s e a l ] H arold D. M cC o y , Aid Route No. 9 extending southwesterly tice, shall consist of an original signed Secretary. from the corporate limits of Milan for a copy and six additional copies, and shall [F.R. Doc. 59-9963; Filed, Nov. 24, 1959; distance of 1 mile, including points on such be filed with the Commission at its office 8:48 a.m.] highway. No oral hearing is contemplated, but anyone wishing to make representations in favor of, or against, the above-pro­ posed revision of the defined boundary NOTICES of the Davenport, Iowa-Rock Island and Moline, 111., commercial zone, may do so by the submission of written data, views, and 695), and Refrigerator Cargo viz: Pine­ or arguments. An original and five DEPARTMENT OF COMMERCE apple, Pineapple Juice, or concentrate, as copies of such data, views, or arguments described in Item 820, to a level equal to that shall be filed with the Commission on or Federal Maritime Board in effect on September 13, 1959. 2. F.M.B.-F. No. 95— By directing its can­ [Docket No. 869] before January 25, 1960. cellation under tariff FJM.B.-F. No. 105, and Notice to the general public of the PACIFIC COAST-HAWAII AND AT- establishing, in F.M.B.-F. No. 105, a rate on action taken herein shall be given by canned or preserved foodstuffs (Item 5) at depositing a copy of this notice in the LANTIC/GULF-HAWAII GENERAL a level equal to that in effect on September Office of the Secretary of the Commis­ INCREASES IN RATES 13, 1959. 3. F.M.B.-F. No. 97—By the publication of sion for public inspection and by filing Notice of Supplemental Orders a copy thereof with the Director, Office a consecutively numbered revised page 23 of the Federal Register. Notice is hereby given that the Fed­ and an original page 28A, to publish rules (by amendment to Rules 6 and 6 (a ) and by eral Maritime Board, on November 5, By the Commission, Division 1. the publication of a new Rule 40) in order 1959, entered the following Fifth, Sixth, to permit the use of smaller size containers [ s e a l ] H arold D. M cC o y , Seventh and Eighth Supplemental than presently provided and to provide for a Secretary. Orders to the original order in this pro­ drayage allowance of 44, 50, and 56 cents for distances ranging"'from 10, 25, and 50 [F.R. Doc. 59-9964; Piled, Nov. 24, 1959; ceeding, dated September 10, 1959, pub­ miles respectively, to shippers transporting 8:48 a.m.] lished in the F ederal R eg ist e r of Sep­ tember 23, 1959 (24 F.R. 7656): such containers from the container freight yard to the shipper’s place of business. F if t h S upplemental O rder It further appearing that the Board, [ 49 CFR Part 207 ] It appearing that by the Original having found good cause therefor, has Order in Docket No. 869 served Septem­ on November 5, 1959, granted special [ Ex Parte No. MO-43 ] ber 11, 1959, the Board instituted an in­ permission, under Special Permission vestigation into and concerning the No. 3788, to publish the proposed changes LEASE AND INTERCHANGE OF VE­ reasonableness and lawfulness of the in Item No. 820 of tariff F.M.B.-F. No. HICLES BY MOTOR CARRIERS rates, charges, regulations, and practices 87 and in revised page 23 and original stated in certain schedules effective Sep­ page 28A of tariff F.M.B.-F. No. 97 on not Notice of Proposed Rule Making tember 14,1959, including the following: less than one day’s notice and tb publish N ovem ber 9, 1959. Supplement No. 22 to Matson Navigation the other proposed changes on not less than 30 days’ notice, such Special Per­ Upon consideration of a petition of Company Freight Tariff No. 1-N, F.M.B. F-No. 87; mission to be without prejudice to the North American Van Lines, Inc., and Supplement No. 3 to Matson Navigation right of the Board to suspend such Ryder System, Inc., for amendment of Company Freight Tariff No. 9-B, F.M.B. schedules within the notice period either § 207.2(f) of the rule? governing the F-No. 95; and upon receipt of protests thereto or upon lease and interchange of vehicles by Supplement No. 2 to Matson Navigation Company Container Freight Tariff No. 11, its own motion; motor carriers prescribed under author­ I t is ordered, That the rates, charges, ity of the provisions of section 204 of the F.M.B. F-No. 97. regulations and practices set forth in the Interstate Commerce Act in 68 M.C.C. It further appearing that said Orig­ schedules filed pursuant to such special 553, and in order to determine whether inal Order provides in part that no permission or pursuant to any special the amendment proposed, or some other change should be made in the rates, permission heretofore granted shall be amendment, should be adopted, the In ­ charges, regulations and practices stated subject to the investigation and hearing terstate Commerce Commission, pursu­ in said schedules until the investigation herein to the same extent as the rates, ant to section 4(a) of the Administrative instituted thereby has been terminated charges, regulations and practices under Procedure Act (60 Stat. 237, 5 U.S.C. by final order of the Board, unless other­ schedules cancelled thereby, and that 1003) hereby gives notice that the wise authorized by special permission of the special permission granted hereby amendment of § 207.2(f) to read as fol­ the Board; and shall be without prejudice to the Board’s lows is under consideration: It further appearing that on October determination as to the lawfulness of 19, 1959, Matson Navigation Company the rates established pursuant hereto; § 207.2 Definitions. filed Special Permission Application No. I t is further ordered, That copies of * * * * * NSL-46 on behalf of the carriers par­ this Order shall be filed with said tariff (f) Owner. A person (1) to whom titleticipating in the aforesaid schedules, schedules in the Office of the Federal which application, as lastly amended Maritime Board; to equipment has been issued, or (2) October 28, 1959, sought authority to file who, as lessee, has the right to exclusive I t is further ordered, That this Sup­ the following changes in said schedules plemental Order be published in the use of equipment for a period longer or reissues thereof; F ederal R egister ; and than 30 days, or (3) who has lawful 1. F.M.B.-F. No. 87—By Supplement No. I t is further ordered, That a copy of possession of equipment and has the 26 to reduce the rates on Onions (Items Nos. this Order shall be forthwith served same registered and licensed in any 605 and 610), Potatoes (Items Nos. 685, 690 upon Matson Navigation Com pany, Wednesday, November 25, 1959 FEDERAL REGISTER 9485

American President lines, Ltd., Isthmian such special permission shall be subject the following changes in said schedule, Lines, Inc.» The Oceanic Steamship Com­ to the investigation and hearing herein, said changes to be effective on not less pany, United States lines Company, and that the special permission granted than one day’s notice: The following Lykes Bros. Steamship Company, Inc., hereby shall be without prejudice to the proposed amendments involve changes Waterman Steamship Corporation, Board’s determination as to the lawful­ in rates: Walter R. Greiner, Agent, and upon the ness of the rates established pursuant (1) Change Group A and Group B rates protestants named herein. hereto; and on “Alkylate Detergent (Liquid Cleaning or I t is further ordered, That Matson Scouring Compound) ” from $37.75 per ton S ix t h S upplemental O rder Navigation Company shall (1) keep an W/M, to $37.76. It appearing that by the Original account of all freight moneys received by (2) Change Group A on “Gum, Chewing, Order in Docket No. 869 served Septem­ reason of the rates provided in such Not Released’’ from $44.58 per ton W/M, to ber 11, 1959, the Board instituted an schedule, which are in excess of rates $44.56. (3) Change Group A and Group B rates investigation into and concerning the effective on September 13, 1959, under on “Lumber Carriers and Parts’’ from $39.21 reasonableness and lawfulness of the tariff F.M.B.-F. No. 97, commencing with per ton W/M and $36.36 per ton W/M, re­ rates, charges, regulations, and practices its effective date and terminating with spectively, to $36.55 and $33.70, respectively. stated in certain schedules effective Sep­ the effective date of the Board’s order (4) Change Group A rate on “Wines” from tember 14, 1959, including various finally determining the reasonableness $45.51 per ton W/M, to $45.31. schedules published by the. Matson Navi­ and lawfulness of the rates, charges, (5) Change Group A and Group B rates gation Company; regulations and practices set forth in said on “Trucks, Hand and Hand Truck Bodies” It further appearing that said Original schedule; (2) that such carrier, upon from $34.30 per ton W/M and $32.00 per ton W/M, respectively to $37.16 and $34.86, re­ Order provided in part that no change final determination by the Board, shall spectively. should be made in the rates, charges, refund to the person who paid the freight regulations and practices stated in said any freight charges collected under such The following proposed amendments schedules until the investigation insti­ rates in said schedule during the said do not involve changes in rates: tuted thereby had been terminated by period, which may be in excess of those (1) Change Item No. 320 to read Item No. final order of the Board, unless otherwise determined by the Board to be just and 520. authorized by special permission of the reasonable and otherwise lawful; (2) Change Items Nos. 780 and 785 to Board; and I t is further ordered, That copies of read Items Nos. 786 and 787, respectively. It further appearing that on October this Order shall be filed with said tariff (3) Add Items Nos. 1371, 1821 and 1846 19, 1959, Matson Navigation Company schedule in the Office of the Federal to their respective articles. filed Special Permission Application No. (4) Add the term “W T " to Item No. 450.* Maritime Board; (5) Delete Item No. 1245 from “Oil viz: j NSL-47, seeking authority to file a new It is further ordered, That this Sixth Cotton seed.” schedule having the effect of extending Supplemental Order be published in the ( 6 ) Delete Item No. 1315 from “Paper and to or from Stockton, California, the same F ederal R e g ist e r ; and Paper Products, viz” and add Item No. 1316 rates on certain specified commodities, I t is further ordered, That a copy of thereto. when shipped in containers, as will at this Order shall be forthwith served upon It further appearing that the effect of the time of the extension, be applicable Matson Navigation Company; American such changes is to correct clerical or to or from San Francisco, California. President Lines, Ltd.; Isthmian Lines, typographical errors; and Such schedule to contain new and Inc.; The Oceanic Steamship Company; It further appearing that the Board amended rules relating to the use of United States Lines Company; Lykes having found good cause therefor has smaller size containers and the estab­ Brothers Steamship Company, Inc.; on November 5, 1959, granted special lishment of a drayage allowance to Waterman Steamship Corporation and permission to publish such changes on shippers for transporting such containers Walter R. Greiner, Agent, Atlantic and not less than one day’s notice Under from the container yard to shippers place Gulf/Hawaii Conference and upon all Special Permission No. 3790; of business; and protestants herein; and that copies of It further appearing that the Board I t is ordered, That the Original Order this Order be published in the F ederal herein is modified to the extent neces­ having found good cause therefor has on R eg ist e r . November 5, 1959, granted special per­ sary to permit the publication and filing mission to publish such changes on not S e v e n t h S upplemental O rder of the changes covered by such Special less than one day’s notice, under Special It appearing that, by the Original Permission No. 3790; and Permission No. 3789; Order in Docket No. 869 served Sep­ I t is further ordered, That the rates, It further appearing that Matson tember 11, 1959, the Board instituted charges, regulations and practices set Navigation Company, has agreed that if an investigation into and concerning the forth in the schedules filed pursuant to such schedule is permitted to go into reasonableness and lawfulness of the such special permission shall be subject effect without suspension (1) to keep ac­ rates, charges, regulations, and prac­ to the investigation and hearing herein count of all freight moneys received by tices stated in certain schedules'between to the same extent as the rates, charges, reason of the rates provided in such Pacific Coast ports and Hawaii as well as regulations and practices under sched­ schedule, which are in excess of rates from Hawaii to North Atlantic ports, ef­ ules cancelled thereby, and that the spe­ effective on September 13, 1959, under fective September 14, 1959; and cial permission granted hereby shall be tariff F.M.B.-F. No. 97, commencing with It further appearing, that Fourth Sup­ without prejudice to the Board’s deter­ its effective date and terminating on the plemental Order in Docket 869, served. mination as to the lawfulness of the effective date of the Board’s order finally October 13, 1959, made the participating rates established pursuant hereto; and determining the reasonableness and law­ carriers in Atlantic and Gulf/Hawaii It is further ordered, That copies of fulness of the rates, charges, regulations Conference, Walter R. Greiner, Agent, this Order shall be filed with said tariff and practices stated in said schedule; Freight Tariff F.M.B.-F. No. 20, respond­ schedules in the Office of the Federal and (2) to refund to the person who paid ents in subject docket; and Maritime Board; and the freight, upon proper authorization by It further appearing that said Origi­ I t is further ordered, That a copy of the Board, any freight charges collected nal Order provides in part,that no change this order shall be forthwith served upon under such rates in said schedule dur­ should be made in the rates, charges, Matson Navigation Company, American ing the said period which may be in regulations and practices stated in said President Lines, Ltd., Isthmian Lines excess of those determined by the Board schedules until the ..investigation insti­ Inc., The Oceanic Steamship Company, to be just and reasonable; tuted thereby had been terminated by United States Lines Company, Lykes I t is ordered, That the Original Order, final order of the Board, unless other­ as amended, be modified to the extent Brothers Steamship Company, Inc., W a­ wise authorized by special permission of terman Steamship Corporation and necessary to permit the publication and the Board; and filing of the changes covered by such It is further appearing that on October Walter R. Greiner, Agent, Atlantic and Special Permission No. 3789; and 19, 1959, by Application No. 11, filed on Gulf/Hawaii Conference and upon all I t is further ordered, That the rates, behalf of the carriers participating in protestants herein; and that copies of charges, regulations and practices set the aforesaid schedule, request was made this order be published in the F ederal forth in the schedule filed pursuant to for special permission authority to file R eg ist e r . 9486 NOTICES

E ig h t h S upplemental O rder It further appearing that said Supple­ COLORADO It appearing that, by the Original Or­ mental Order provided in part that no der in Docket No. 869 served September change should be made in the rates, Notice of Proposed Withdrawal and 11, 1959, the Board instituted an inves­ charges, regulations and practices stated ^Reservation of Lands tigation into and concerning the reason­ in said schedule until the investigation N o vem ber 13, 1959. ableness and lawfulness of the rates, instituted thereby had been terminated The United States Forest Service of charges, regulations, and practices stated by final order of the Board, unless other­ in certain schedules between the Pacific the Department of Agriculture has filed wise authorized by special permission of an application, Serial Number Colorado Coast ports and Hawaii as well as from the Board, and Hawaii to North Atlantic ports, effective 028983,‘‘fo r the withdrawal of the lands September 14, 1959. It further appearing that on October described below from location and entry It further appearing that Fourth Sup­ 19, 1959, by Application No. 12, filed on under the General Mining Laws, subject plemental Order in Docket 869, served behalf of the carriers participating in the to existing valid claims. October 13, 1959, made the participating aforesaid schedule, request was made for The-jipplicant desires the land for use carriers in Atlantic and Gulf /Hawaii special permission authority to file the as campgrounds, picnic grounds, rest Conference, Walter R. Greiner, Agent, following new rates in said schedule, said area, recreation area, lookout, and ad­ ministrative sites located in the Arapaho, Freight Tariff F.M.B.-F. No. 20 respond­ changes to be effective on not less than ents'in subject docket; and Gunnison, Pike, Roosevelt, Rio Grande one day’s notice: and San Juan National Forests. For a period of thirty days from the * Basis Group A Group B date of publication of this notice, all Rotary Kiln and Ball Mills, Parts, viz: m in Tires, Rollers, Slide persons who wish to submit comments, Shoe Castings, Symetro Gear, Clinker Cooler, Dust Chamber, suggestions, or objections in connection and Kiln Hood------W /M $32.00 $32.00 with the proposed withdrawal may pre­ sent their views in writing to the under­ N ote 1: Weights,-measurements and iden­ signed officer of the Bureau of Land tifications to be furnished by shipper in DEPARTMENT OF THE INTERIOR Management, Department of the In­ writing prior to loading into Carrier’s ves­ terior,-Colorado State Office, 339 New sels. Heavy Lift Charges will be assessed Bureau of Land Management Custom House, P.O. Box 1018, Denver 1, at 50 percent of the charges shown in Rule No. 9 and Rule No. 8 is not applicable. Colo. [Classification No. 619] N ote 2 : Unless sooner extended or modi­ I f circumstances warrant it, a public fied rate expires with March 81, 1960. hearing will be held at a convenient time CALIFORNIA and place, which will be announced. It further appearing .that the Board The determination of the Secretary on having found good causé therefor has on Small Tract Classification the application will be published in the November 5, 1959, granted special per­ F ederal R e g ister . A separate notice will mission to publish such changes on not N o vem ber 16, 1959. be sent to each-interested party of record. less than one day’s notice under Special The lands involved in the application Permission No. 3791; ' 1. Pursuant to authority delegated to me by the California State Supervisor, are: I t is ordered, That the Order herein as Bureau of Land. Management, under supplemented is modified to the extent Six t h P r in c ip a l M erid ian, Colorado Part II, Document 4, California State necessary to permit the publication and Office, dated November 19, 1954 (19 F.R. ARAPAHO NATIONAL FOREST filing of the changes covered by such Special Permission No. 3791; and 7697), I hereby classify the following Meadow Creek Campground described public lands, totaling 240 acres It is further ordered, That the rates, T. 1 N., R. 75 W., in San Bernardino County, California, as charges, regulations and practices set Sec. 29, S W & S W 14SE& and SE’/SEi/ suitable for disposition for residence forth in the schedules filed pursuant to SW%; purposes under the Small Tract Act of such special permission shall be subject Sec. 32, N W 1/4NW 1/4NE1/4 and NE]4NE% June 1,1938 (52 Stat. 609; 43 USC 682a), NW 14. to the investigation and hearing herein as amended: Totaling 40 acres. to the same extent as the rates, charges, regulations and practices under sched­ Sa n Bernard ino M eridian Western Box Campground ules cancelled thereby, and that the spe­ T. 6 N., R. 3 W., T. 1 N., R. 75 W., cial permission granted hereby shall be Sec. 7, S /aSE^; Sec. 14, Sy2NEi4NE%, SE^NW^NE^ and without prejudice to the Board’s deter­ sec. 12, swy4. Ni/2Si/2SE^. mination as to the lawfulness of the Totaling 70 acres. rates established pursuant hereto; and Containing 240 acres, subdivided into It is. further ordered, That copies of 96 small tracts, none of which.are cov­ Junco Campground this Order shall be filed with said tariff ered by applications from persons en­ T. 1 N., R. 74 W., schedules in the Office of the Federal titled to preference under 43 - CFR Sec. 18, lots 3 and 4. Maritime Board; and 257.5(a). T. 1 N., R. 75 W., 2V Classification of t h e above-de­ Sec. 13, S E ^ . It is .further ordered, That a copy of Totaling 240.93 acres. this order shall be forthwith served upon scribed lands by this order segregates Matson Navigation Company, American them from all appropriations, including Indian Pealcs Campground President Lines, Ltd.,, Isthmian Lines, locations under the mining laws, except as to applications under the mineral T. 2 N., R. 74 W., Inc., The Oceanic Steamship Company, Sec. 30, lots 3 and 4 and N ^ N E % S W }4 ; United States Lines Company, Lykes leasing laws. Sec. 31, lot 1. Brothers Steamship Company, Inc., 3. The lands classified by this order Totaling 143.09 acres. Waterman Steamship Corporation and shall not become subject to application Walter R. Greiner, Agent, Atlantic and under the Small Tract Act of June 1, Empire Administrative Site Gulf/Hawaii Conference and upon all 1938 (52 Stai. 609; 43 USC 682a), as T. 3 S., R. 75 W. (plat suspended), protestants herein; and that copies of amended, until it is so provided by an A tract of land in the N & of section 25; this Order be published in the F ederal order to be issued by an authorized of­ beginning at corner No. 1 from which the N W corner of sec. 30, T. 3 S., R. 74 W. bears R eg ist e r . By order of the Federal Mari­ ficer, opening the lands to application or time Board. bid. N. 53° E., 1390 ft. , From corner No. 1, by metes and bounds, Dated: November 20,1959. R o l la E. C h a n d l e r , S. 86°30’ W., 10.91 chs., to corner No. 2; Officer - in - Charge, Southern S. 26° W., 2.43 chs., to corner No. 3; J a m e s L. P im p e r , Field Group, Los Angeles, S. 63° W., 14.38 chs., to corner No. 4; Secretary. California. South, 9.46 chs., to corner No. 5; N. 75°30' E., 10.30 chs., to corner No. 6; IT-R. Doc. 59-9965; Filed, Nov. 24, 1959; [F.R. Doc. 59-9950;' Filed, Nov. "24,. 1959; 8:48 a.m.J N. 53° E., 13.40 chs., to corner No. 7; 8:46 a.m.] N. 70° 30' E., 4.30 chs., to corner No. 8; Wednesday, November 25, 1959 FEDERAL REGISTER 9487

North, 6.74 chs., to corner No. 1, Sec. 34, Ei/2SWy4NWy4. W%SEi4NW?4, Platoro Administrative Site Addition n e the place of beginning. sEy4SEy4NW%. Ey3NW%swy4, % T. 36 N., R. 4 E., The tract as described contains 24.34 SW PW 'A, NEi4SW14 and NW&SE^ Sec. 23, SE%NWy4. acres. swy4. Totaling 40 acres. Totaling 130 acres more or less. Idlewild Administrative Site Alder Administrative Site Addition Taylor Park Administrative Site T. 2 S., R. 75 W. (plat suspended), T. 40 N., R. 3 E., A tract of land in the N% of section 10; T. 14 S., R. 82 W., Sec. 22, Wy2N W ^S W i/i. beginning at corner No. 1, which is identical Sec. 10, w y 2SEi4 and S W y4; Totaling 20 acres. with corner No. 1 of Homestead Entry Survey Sec. 15, Ni/2NWy4NWy4. No. 117 from which the SE corner of sec. 34, Totaling 260 acres. Geronimo Administrative Site T. 1 S., R. 75 W. bears N. 25° 16* E., 99.14 chs. Anthracite Administrative Site T. 42 N., R. 5 E., From corner No. 1, by metes and bounds, Sec. 19, NWy4SE% and N E ^ S E ^ . S. 14° W., 2.60 chs., to corner No. 2; T. 13 S., R. 88 W., Totaling 80 acres. S. 4°22' E., 11.00 chs., to corner No. 3; Sec. 6, Tract A, Exchange Survey No. 366. S. 19° E., 1.59 chs., to corner No. 4; Totaling 34.08 acres. Carnero Administrative Site Addition West, 24.84 chs., to corner No. 5; Six t h P r in c ip a l M e rid ian, Colorado T. 43 N., R. 5 E., North, 14.80 chs., to corner No. 6; Sec. 9, N W 14NE 14. East, 24.39 chs., to corner No. 1; PIKE NATIONAL FOREST Totaling 40 acres. the place of beginning. Pulver Mountain Campground The tract as described contains 35.6 River Springs Administrative Site acres. T. 12 S.,R. 72 W., T. 33 N., R. 6 E., Sec. 10, Ny2. Horseshoe Administrative Site ( Addition) Sec. 25, lot 2, S%NWy4NEy4, S E & N W ^ . Totaling 320 acres. SWy4NWV4, Sy2NEy4NW14 and Sy2NW î4 T. 2 S., R. 78 W. (plat suspended), N ew M exico P r in c ip a l M e rid ian , Colorado NW14; - A tract of land in sections 3 and 10; be­ Sec. 26, lot 4, S E ^ N E ^ and S W ^ N E ^ . ginning at corner No. O, which is identical RIO GRANDE NATIONAL FOREST Totaling 274.16 acres. with the south quarter corner of section 34, Tru jillo Meadows Campground T. 1 S., R. 78 W. Wason Administrative Site From corner No. O, by metes and bounds. T. 32 N., R. 5 E., T. 41 N., R. IE ., South, 70 chs., to corner No. 1; Sec. 5, W y2 of lot 2, lot 3, E y2 of lot 4, Sec.5,NE%SEy4. . West, 20 chs., to corner No. 2; NE % SW y4 N W y4 and Ni/aSE^NW^. Totaling 40 acres. North, 40 chs., to corner No. 3; Totaling 111.04 acres. Bristol View Administrative Site Addition N. 20° W., 25.16 chs., to comer No. 4; La Manga Campground N. 53° E., 10.81 chs., to comer No. 5; T. 41 N.,*R. 3 W., East, 20.00 chs., to corner No. O, T. 33 N., R. 5 E., sec. 27, e y2 n w y4 n e y4 , n e y4 SW y4 NE y4 and the place of beginning. sec. 1 , sy2s w % sw y 4 ; Wy2NEy4NE%. The tract as described contains 153 Sec. 12,NW i4NW % . Totaling 50 acres. acres, approximately. Totaling 60 acres. Six t h P r in c ip a l Mer id ian , Colorado Gilsonite Administrative Site Aspen Glade Campground Mosca Pass Campground ' T. 4 N., R. 78 W. (Independent Resurveyf, T. 33 N., R. 6 E., Sec. 13, N y2 of lot 1, sy2NEî4 and Ny2 Sec. 26, s y ^ N E ^ N E ^ and S E ^ N W ^ N E ^ « T. 27 S., R. 72 W., NW&SEft. Totaling 30 acres. Sec. 5, sy2sy2NEy4 and Ny2Ni/2SEi4. Totaling 118.46 acres. Totaling 80 acres. Road Canyon Campground Squaw Mountain Lookout Six t h P r in c ip a l M e rid ian, Colorado T. 40 N., R. 3 W., T. 4 S., R. 72 W., Sec. 4, SE%NEy4 and Ny2N E % S E ^ . ROOSEVELT NATIONAL FOREST Sec. 19, S E ^ S y . of lot 5 and S W 1/4S1/2 of Totaling 60 acres. Trail Creek Campground lot 6; Rito Hondo Camp and Picnic Ground Sec. 30, NW&NM, of lot 1 and NE% N^ of T. 11N..R. 73 W., lot 2. T. 42 N., R. 3 W .f Sec. 12, NE 14. Totaling 40 acres. Sec. 15, SEy4SEy4SW ^, Sy2SWy4SEy4 and Totaling 160 acres. y4 s e y4SEy4; Soda Creek Administrative Site sw Sheep Creek Campground Extension Sec. 22, w y 2Ei/2N E ^ , W ^ N E ft and T. 4 S., R. 73 W., Ey2Ey2Nwy4. T. 11 N., R. 74 W., Sec. 10, SWy4N W i4 and N ftN W % S W }4 . ■ Totaling 200 acres. Sec. 12, S W ^ S E ^ , w y 2SE%SE}4 and Totaling 60 acres. Stone Cellar Campground sy2SE%SEy4SEy4- N ew M exico P r in c ip a l M eridian, Colorado Totaling 65 acres. T. 43 N„ R. 3 E., Mt. Meeker Campground Extension * PUNNISON NATIONAL FOREST' Sec. 6, lot 1 and N y ^ S E ^ N E ^ - Totaling 60.14 acres. Long Branch Administrative Site T. 3 N., R. 73 W., Big Springs Picnic Ground Sec. 11, SW1/4 NWÎ/4 and Ny2swy4. T. 48 N., R. 5 E., / Totaling 120 acres. Sec. 34, lot 5 and SWV4 of lot 6. T . 44 N., R. 3 E., T. 47 N., R. 5 E„ Sec. 18, NEy4NE%. Muggins Gulch Picnic Ground Sec. 3, lot 4, wy2 of lot 3 and NW &SW & Totaling 40 acres. T. 4 N., R. 72 W., NWi/4; North Crestone Campground sec. 12, swy4swy4 and w yjSE^sw ^. Sec. 4, NE y4 SE y4 NE% . Totaling 60 acres. Totaling 123.53 acres. T. 44 N., R. 12 E., Sec. 31, NE% SEyiNEi4, Sy2SE^NEV4 and Lion Gulch Picnic Ground Six t h P r in c ip a l M erid ian, Colorado N%NE%ssy4; Smith Fork Campground Sec. 32, swy4xrwy4 and Ni/aNW^SW^. T. 4 N., R. 72 W , sec. 13, sy2Nwy4NE^, swy4NEy4, w y2 Totaling 110 acres. T. 15 S„ R. 91 W., SEy4NE%, Sy2NE^NWy4 and Ny2SEi4 Sec. -24, SE y4 N W y4 SW % SE y4 and NE *4 Luders Creek Campground Nwy4. swy4swy4SKy4. Totaling 120 acres. Totaling 5 acres. T. 45 N., R. 3 E., Sec. 1, NE%SEy4 and N E ^ S E ^ S E ^ . Fourth-of-July Campground Dinner Station Campground T. 45 N., R. 4 E., Sec. 6, Wy2NWy4SWi,4 and N W ^ S W ^ T. 1 S., R. 74 W., T. 13 S., R. 82 W., swy4. __ Sec. 2, lot 3. Sec. 18, sy2SE^SWi/4; »• Totaling 44.45 acres. Sec. 19, NEÎ4NWÎ4, E%SE%NW&, wy2 Totaling 80 acres. Wy2NEV4 and N E ^SW ^N E 1^. Alamosa Administrative Site Big Bend Campground Totaling 130 acres. T. 36 N., R. 5 E., T. 8 N., R. 75 W., Lake Irwin Campground Sec. 33: sy2NWy4NWy4, S W ^ N W ^ and Sec. 11, lots 2 to 5, inclusive, and Sy^Ni^ wy2sEy4Nwy4. T. 13 S., R. 87 W. (Unsurveyed), when sur­ NWV4- Totaling 80 acres. veyed will be : Totaling 171.20 acres. 9488 NOTICES

BucJchom Picnic Ground and San Juan National Forests aggregate NE 14NE 14, sec. 19, and the NWy4, N W ^ N E ^ , T .7 N ., R. 72 W., approximately 4,934 acres. sec. 20, T. 21 N., R. 1 W., New Mexico Prin­ Sec. 15, NE^NWi/4SWi4 and S W & S E & cipal Meridian, and that portion of the Nwy^ J. E llio tt H a ll, Espiritu Santo Grant covered by the Act of Totaling 20 acres. . Lands and Minerals Officer. August 2, 1956 (70 Stat. 941), the area over which jurisdiction is transferred, containing Twin Lake Campground [F.R. Doc. 59-9951; Filed, Nov. 24, 1959; 8:46 a.m.] approximately 193,350 acres. T. 7 N., R. 73 W., Northern New Mexico Grant Lands Pro­ Sec. 2 1, S ^ N E ^ . ject (NM—LU—25), Rio Arriba and Taos Coun­ Totaling 80 acres. ties, those parts of the said project described as follows: Peak-to-Peak Campground Office of the Secretary (a) The westerly two-thirds of the Sebas­ T. 2 N., R. 72 W., tian Martin Grant, the east boundary being [Order 2843] Sec. 20, SEJ4NW%. a line that would be a northerly extension Totaling 40 acres. JURISDICTION OVER CERTAIN LANDS of the westerly boundary of that portion of the Carson National Forest as it exists , im­ Peak View Picnic Ground TRANSFERRED FROM DEPART­ mediately to the south of the Grant; and T. 2 N., R. 72 W., MENT OF AGRICULTURE TO DE­ N ew Mexico P r in c ip a l M eridian Sec. 32, lot 3. PARTMENT OF THB? INTERIOR Totaling 35.04 acres. (b ) T. 21N..R. 7E. Section 1. Purpose. This order pro­ sec. 15, s y2; Mishewaka Roadside Rest Area vides for the transfer of jurisdiction over Sec. 29, NVaSW^; T. 8 N., R. 71 W., the following-described lands in Califor­ Sec. 30, S% ; Sec. 3, sy2Nw y4. nia, Montana, New Mexico, and Texas Sec. 32, NWi/4, Totaling 80 acres. which, by Executive Order 10787, dated containing approximately 32,880 acres. Zimmerman Lake Recreation Area November 6, 1958 (23 F.R. 8717), were Sec. 3. Joint administration, Bureau transferred from the Department of of Land Management and Bureau of T. 7 N., R. 76 W .t Agriculture to the Department of the In­ Sec. 25, Ei/2SE%SWy4 , 8 %NW%SE%, SW& Sport Fisheries and Wildlife. Subject to SEi4 and W 1/2SEV4SE$4 . terior for use, administration, or ex­ the conditions and provisions of Execu­ Totaling 100 acres. change under the Taylor Grazing Act tive Order 10787, jurisdiction .over the (48 Stat. 1269) as amended, and other Devils Gulch Picnic Area lands described below is hereby trans­ statutes. ferred to the Bureau of Sport Fisheries T. 5 N., R. 72 W., Sec, 2. Lands to "be administered by and Wildlife and the Bureau of Land Sec. 4 ,S W ^ N E % . Management for joint use and adminis­ Totaling 40 acres. the Bureau of Land Management. Sub­ ject to the conditions and provisions of tration under the Taylor Grazing Act Left-Hand Canyon Picnic Ground Executive Order 10787, jurisdiction of (48 Stat. 1269) as amended, and other T. 1 N., R. 72 W., the lands described below is transferred applicable laws as an addition to the Fort Sec. 10, sy2NWy4NWy4 and Ni/2SW ^NW y4. to the Bureau of Land Management for Peck Game Range: Totaling 40 acres. use, administration, or exchange under Central M o n t a n a P roject (MT-LU-22), Spruce Glen Campground the above statute, as amended, or under F ergus Co u n t y the general land-management authority MONTANA PRINCIPAL MERIDIAN T. 9 N„ R. 74 W., of the Secretary of thè Interior, including Sec. 30, SW14SE14 find S ^ N W ^ S E ^ ; T. 21 N., R. 23 E„ Sec. 31, N % N W j|N E % . the authority to grant licenses and ease­ ments, upon such terms as the Director, Sec. 1, NE14SE14, SVSSEi/i; Totaling 80 acres. Sec. 12rNW%NE]4, NE.&NWJ4, Bureau of Land Management, may deem T. 21 N„ R. 24 E., Buckhom Ranger Station Administrative Site reasonable, and in accordance with ap­ Sec. 6, lots 5 and 6, S E ^ N W ^ ; T. 7 N., R. 72 W., propriate regulations. > Sec. 9, S E ^ S E ^ ; 14 14 14 Sec. 9, S W SW SE ; M o n tan a Sec. 10, SW % SW % * Sec. 1 6 ,N ^N E % . Sec. 15,N%,SWy4, W & S E 14; Totaling 90 acres. -Buffalo Creek Project (MT-LU-23)> Yel­ Sec. 17, S ]4 ; lowstone County, containing approximately Sec. 18, B^SW i/i; SE%. Stub Creek Ranger Station Administrative 73,717 acres. Site Central Montana Project (MT-LU-22), M il k R ive^ L and P roject (M T -L U -2 ), P h il l ip s and Va lley Co u n ties T. 10N..R.76 W., Fergus County, containing approximately Sec. 34, lots 7,8, 10 and 15. 101,590 acres, and excluding the lands de­ MONTANA PRINCIPAL MERIDIAN Totaling 177.51 acres. scribed in section 3, below. Kinsey Land Use Project (M T-LU-24), Cus­ T. 22 N., R. 28 E., Sec. 22,NEi/4SE1/4; • N ew M exico P r in c ip a l M e rid ian, Colorado ter County, containing approximately 15,674 acres. Sec. 23, Nwy4swy4, sy2s w ]4 ; v SAN JUAN NATIONAL FOREST Lower Yellowstone Project (MT-LU-4), Sec. 26, W ^ -N E ^ , N E ^ N W ^ i, NW ^SE>4. South Mineral Campground Prairie County, containing approximately T. 23 N., R. 35 E„ 391,933 acres. Sec. 29, S W ^ N E ^ , Wy2, N E ^ S E 1/, BV2 T. 41 N., R. 8 W., Milk River Land Project (MT-LU-2), SE y4; A tract of land in unsurveyed section 20; Blaine, Phillips, and Valley Counties, con­ Sec. 30, SE % NE % , NE % SE(41 beginning at corner No. 1, which is the center taining approximately 948,627 acres, and ex­ Sec. 32, NWy4NEi/4, N E ^ N W ^ .' of Ice Lake-Clear Lake Creek bridge on the cluding the lands described in sections 3 T. 22 N., R. 35 E., South Mineral Creek San Juan County Road and 4 (d ), below. Sec. 3, lots 5,11 and 12, NW%;SW*4; from which V.A.B.M. 13661 Lookout Peak Musselshell Project (MT-LU-3), Mussel­ Sec. 4, lots 5 to 12, inclusive, SW (4, NV2 bears N. 3°20' W., 20,117 ft. and V.A.B.M. shell and Petroleum Counties, containing SE14; 13066 Kendall No. 2 bears S. 82°55' E., 38 940 ' approximately 252,589 acres, and excluding Sec. 5, lots 9,10, and 11, E ^ S E ^ ; ft. the lands described in section 4 (c) and (e), Sec. 8, Ey2NEi4, NE % SE& ; Prom corner No. 1, by metes and bounds. below. Sec. 9,NW]4, NWy4SW ‘/4. S. 40° W., 423 ft., to corner No. 2; Southeast Montana Project (MT-LU-21), Sec. 4. Lands to be administered by the S. 30° E., 396 ft., to corner No. 3; Custer and Fallon Counties, containing ap­ S. 52° E., 307 ft., to corner No. 4; proximately 129,765 acres. Bureau of Sport Fisheries arid Wildlife. Subject to the conditions and provisions S. 74° E., 785 ft., to corner No. 5; N ew M exico N. 36° E., 845 ft., to corner No. 6; of Executive Order 10787, jurisdiction N. 54° W., 330 ft., to corner No. 7; To the extent indicated, the lands admin­ over the lands described below is hereby N. 64° W., 520 ft., to corner No. 8; istered under Title m of the Bankhead- transferred to the Bureau of Sport Fish­ Jones Farm Tenant Act in connection with S. 85° W., 688 ft., to corner No. 1, the following-described land utilization eries and Wildlife for use and adminis­ the place of beginning. projects: tration under applicable laws as refuges The tract as described contains ap­ Hope Land Project (NM-LU-4), Eddy for migratory birds and other wildlife: proximately 29 acres. County, all lands comprising the said project, Califo r n ia The above described areas in Arapaho, containing approximately 12,773 acres. Cuba-Rio Puereo Project (NM-LU-22), (a) San Joaquin Project (CF-LU-21), Gunnison, Pike, Roosevelt, Rio Grande Sandoval and McKinley Counties, except the Tulare County, except all of sec. 5 and the Wednesday, November 25, 1959 FEDERAL REGISTER 9489

Ey2Ey2, sec. 6, T. 23 S., R. 24 E., Mount Diablo M o n t a n a P r in c ip a l M eridian ment of a foreign air carrier permit pur­ Meridian, the excepted area containing ap­ T. 13 N., R. 25 E., suant to section 402 of the Federal Avia­ proximately 800 acres, and the area over tion Act of 1958, and the Air Transport which jurisdiction is transferred containing Sec. 11, SEy4NE}4; Sec. 12, NE%NW^, S^NW^» S^NE^, Services Agreement between United approximately 4,357 acres. The above- SE%; States and France of March 27, 1946, as describecl lands will be administered as the Sec. 13, NEi4, S E ^ N W ^ , S W & , S E & . Pixley National Wildlife Refuge. t amended, Dockets 10965 and 10966. T. 13 N., R. 26 E., Notice is hereby given, pursuant to the T exas Sec. 5,NW % .SW y4; provisions of the Federal Aviation Act of (b) Tierra Blanca Project (TX-LU-21), Sec. 6, Ny2Ni/2, sy2SEy4; 1958, that a hearing in the above-entitled Sec. 7, Ny2NEi4; Randall County, containing approximately proceeding is assigned to be held on De­ Sec. 18,Wy2SWi4. 7,677 acres. These lands will be adminis­ cember 14, 1959, at 10:00 a.m., e.s.t., in tered as the Buffalo Lakes National Wildlife T. 16 N., R. 25 E„ Sec. 9, NW%NWy4. Sy2NW i4; Room 1027, Universal Building, Connect­ Refuge. Sec. 10, Ny2; icut and Florida Avenues NW., Wash­ M o n t a n a Sec. 21, SE14SW 14, Sy2SEi4; ington, D.C., before Examiner Leslie G. (c) Musselshell Project (MT-LU-3), Mus­ Sec. 26, Sy2SW % ; Donahue. selshell County. Sec. 27, SE%SEy4; sec. 28, N E 14NW 14, sy2swy4, swy4SEy4; Dated at Washington, D.C., November MONTANA PRINCIPAL MERIDIAN Sec. 32, NEy4NEi4, Sy2Ny2; 19, 1959. T. 9 N., R. 24 E., sec. 33, Nwy4 , w y 2N E ^ , n w & s e ^ ; Sec. 10,SW%; Sec. 34,Sy2Ni/2; [ s£al] Francis W . B rown, Sec. 9, S%; Sec. 35, Wy2NWiA* Chief Examiner. Sec. 15, NVk; The above-described lands will be ad­ [F.R. DOC. 59- 9967; Piled, Nov. 24, 1959; Sec. 17, NE%; 8:48 a.m.] Sec. 21,NE%,S1/2; ministered for national wildlife refuge Sec. 22, NW*4 ; purposes in the War Horse Lake, Wild Sec. 24, SE14-; Horse Lake, and Yellow Water Reservoir Sec. 25, NE1^; areas. Sec. 26, Ei/2NE^, Ey2SW%, SEy4; FEDERAL COMMUNICATIONS Sec. 27, all. Sec. 5. Cooperative agreement. The T. 10 N., R. 24 E., grazing resources on the areas described COMMISSION in section 4 (c) and (e), above, may be Sec. 20, Ey2SE^; [Docket No. 9401 etc.; FCC 59- 1166] Sec. 27, NWi4SE*4 , Ny2SW%, SW ^SW ^; administered by the Bureau of Land Sec. 32, Sy2; Management under cooperative agree­ CANNON SYSTEM, LTD. (KIEV) ET AL. Sec. 33, all. ment. T. 14 N., R. 22 E„ Memorandum Opinion and Order Sec. 1, NE^SE1^; ■ Sec. 6. Records, improvements, and Sec. 11, SW}4 NE/4 , SE%NEi4, NE pt. of appurtenances. The title and use rec­ Amending Issues NWy4 (tract 5705); ords, water or water rights, improve­ In re applications of Cannon System, Sec. 12, wyzNEy4. NWi/4,NEi/4SWy4; ments, appurtenances, and structures Ltd. (K IE V ), Glendale, California, Dock­ Sec. 13, NWy4NEy4, Sy2NEy4, NE^NW ^. acquired, constructed, or used in connec­ et No. 9401, File No. BP-7260; Robert D. Ei/2SEy4; tion with the use and administration of Sec. 25, Ey2NEy4, SE%. Lamb and Charles R. Dooley d/b as T. 11 N., R. 23 E., lands described in sections 2, 3 and 4 Southland Communications Co., Ana­ Sec. 1, all; above are hereby transferred to the re­ heim, California, Docket No. 12641, File Sec. 2, SE^SW ^, NE^SE^, sy2SEi4 ; spective Bureaus, provided that7 the No. BP-10725; Donald C. McBain, How­ sec. 3, Ey2NEi4 , Ny2sy2, sy.swy4. sw & transfer of jurisdiction over those lands ard C. Hoegsted, George W. Irwin and sEy4; that are in process of acquisition shall Arthur B. Balinger d/b as Upland Broad­ Sec. 4, SE%; take effect upon the completion of ac­ casting Company, Upland, California, sec. 5, Nwy4Nwy4, Nwy4swy4, sy2swy4, quisition thereof by the Secretary of SW%SEy4; Docket No. 12645, File No. BP-11942; Sec. 6, Ey2NEy4, SW14NE14, Ey2Nwy4, Ny2 Agriculture, as provided in Executive Robert Burdette & Associates, Inc., West sw y4 , SE14 sw 14, sw % sw y4 ,SEy4; Order 10787. Covina, California, Docket No. 12689, Sec. 7, Ni/2NEy4, Ey2SW14, SWy4SE%; Sec. 7. Revenues. Twenty-five per­ File No. BP-12471; for construction Sec. 8, NWy4NEy4, Ny2NWy4, SE14SW1/4, cent of the net revenues received by the permits. SW^SEI^; ' Bureau of Land Management and the 1. The Commission has before it for Sec. 9, SW^NEyi, SE^NW ^, S %; Bureau of Sport Fisheries and Wildlife consideration a petition to enlarge issues Sec. 10, Ey2NEy4, NWy4NEy4, n e ^ n w 1^, and reopen record filed September 28, SW%,SW%SE%; from grazing and other uses of the trans­ 1959, by Donald C. McBain, Howard G. Sec. ll,N y 2, sw% ; . ferred land shall continue to be paid to Sec. 12, NEJ4 , NyaNW^, SW^NW^, W y2 the counties in which such lands are lo­ Hoegsted, George W. Irwin, and Arthur sw yi; cated for the purposes specified in section B. Balinger d/b as Upland Broadcasting Sec. 14, Wy2SEi4 , SE14SE14; 33 of the Bankhead-Jones Farm Tenant Company (Upland), oppositions thereto Sec. 15, Wy2NEy4, SEy4NEi4 , NWy4, Ny2 Act (7 U.S.C. 1012), in lieu of payments filed October 12, 1959, by the Commis­ SE1^; therefrom to the States or counties at the sion’s Broadcast Bureau (Bureau), and Sec. 17, NWy4NE/4 , NE^NW ^; rates specified in section 10 of the Taylor Robert Burdette & Associates, Inc. (Bur­ Sec. 18, NWy4NEy4, NEy4NWi4 , sy2Ny2, dette), and a reply to the oppositions swy4, Ny2SE%, s w ^ s e ^ ; Grazing Act (43 U.S.C. 315i), or.in any filed October 23, 1959, by Upland. Sec. 19, Sy2NW%, SW14, wy2SEy4 ; other act under which the transferred Sec. 23, Ey2NEy4; lands will be used and administered un­ 2. The applications of Upland and Sec. 24, N y2; der this order. Burdette for construction permits for Sec. 29, wy2sw i4; F red A. S eaton, new standard broadcast stations at Up­ Sec. 30, all; Secretary of the Interior. land and West Covina, California, re­ Sec. 31, all; spectively, were designated for consoli­ Sec. 32, NW14, Ny2SWy4, NWy4SE14. N ovember 17, 1959. dated hearing with several other appli­ The above-described lands will be ad­ [F.R. Doc. 59-9952; Piled, Nov. 24, 1959; cations by Orders, released November 3, 8:4-6 a.m.] ministered as an addition to the Lake 1958 (FCC 58-1020) and December 2, Mason National Wildlife Refuge. 1958 (FCC 58-1133). The Burdette ap­ (d) Milk River Land Project (MT-LU-2), plication requested authority to operate Phillips County. CIVIL AERONAUTICS BOARD on 900 kc, 500 w, DA-D. On December 22, 1958, Upland filed a petition to en­ M o n t a n a P r in c ip a l M eridian [Dockets 10965, 10966] large the issues to determine whether T. 32 N„ R. 32 E., COMPAGNIE NATIONALE AIR the Burdette proposal contravenes the Sec. 18, Sy2. FRANCE Proposed Agreement between Mexico and The above-described land will be ad­ the United States Concerning Radio ministered as an addition to the Hewitt Notice of Hearing Broadcasting in the Standard Broadcast ’ Lake National Wildlife Refuge. In the matter of the applications of Band (hereinafter referred to as U.S.- (e) Musselshell Project (MT-LU-3), Pe­ Compagnie Nationale Air France for cer­ Mexican Agreement), and whether such troleum County. tain air carrier permits and for amend- proposal would cause interference to an No. 230- 4 9490 NOTICES t existing station. Thereafter, on Febru­ amend so that the hearing would not be In the Commission’s offices in Washing­ ary 20, 1959, Burdette filed a petition to delayed. ton, D.C. amend its application to decrease its 6. While the Commission finds the Up­ Released: November 19, 1959. power from 500 watts to 250 watts for land petition untimely, it nevertheless the purpose of making.its proposal con­ believes that an issue with reference to F ederal C ommunications sistent with the U.S.-Mexican Agree­ consistency with the U.S.-Mexican C o m m is s io n , ment. The . petition to amend, which Agreement should be added. The field, [ s e a l ] M a r y J a n e M o rris, was opposed by Uplands as untimely, was intensity measurements submitted by Secretary. granted by the Examiner and a petition Burdette were made from sites several [F.R. Doc. 59-9969; Filed, Ndv. 24, 1959; for review of the Examiner’s action filed miles removed from the proposed Bur­ 8:49 a.m.] by Upland was denied by Memorandum dette site, and, moreover, do not indi­ Opinion and Order (FCC 59-789) re­ cate uniform conductivities over the leased August 3, 1959. A Commission measured paths. Where measurements Order (FCC 59-790) released the same indicate different values of conductivity, [Docket No. 13178; FCC 59M-1564] day, dismissed Upland’s petition to en­ the conductivity beyond the first dis­ large issues for the reason that Bur­ continuity cannot be precisely deter­ W. D. COONS AND A. E. MOORER dette^ amended proposal eliminates the mined. In the instance now under con­ Order Continuing Hearing basis of Upland’s request. sideration, compliance with the U.S.- 3. In its petition filed September 28, Mexican Agreement hinges on a small In the matter of W. D. Coons and A. E. 1959, Upland requests enlargement of the difference between the measured con­ Moorer, Indian Street, Mount Pleasant, issues to determine whether Burdette’s ductivity and that indicated by the Com­ South Carolina, Docket No. 13178; order amended proposal is consistent with the mission’s map. Consequently, a valid to show cause why there should not be U.S.-Mexican Agreement. In support of conclusion, based on the information revoked the license for Radio Station its request, Upland points out that field now before the Commission, cannot be WH-5445, aboard the vessel “Barbara intensity measurements utilized by Bur­ reached that the proposed Burdette op­ Lee”. dette in its amended proposal to estab­ eration is consistent with the U.S.- The Hearing Examiner having under lish conductivity in the direction of Mexican Agreement. consideration the pleading titled “Peti­ Mexico over a certain arc were not made Accordingly, it is ordered, This 18th tion for Acceptance of the Late Filing from the Burdette transmitter site or day of November 1959, That the petition of a Statement in Justification and even from a point on a line passing to enlarge issues and reopen the record^ Mitigation” submitted in the above-en­ through Burdette’s West Covina site; filed September 28, 1959, by Upland titled proceeding on November 18, 1959 measurements were instead taken along Broadcasting Company is denied: by respondent; radials from two, stations in Pasadena I t is further ordered, On the Com­ It appearing, that by said pleading pe­ (approximately ten miles northwest of mission’s own motion, that the record is titioner seeks leave to file late a notice of Burdette’s site) which passed a few miles reopened and that the issues in this pro­ appearance and has tendered with said (4 and 5.1 miles) west of Burdette’s site. ceeding are amended by renumbering petition a notice of appearance wherein Upland states that such measurements Issues 12 and 13 as 13 and 14, respec­ leave is requested to effect appearance are inadequate, and that if values based tively, and hy adding the following through the waiver of hearing provisions on the Commission’s ground conductivity Issue 12: of § 1.62 of the Commission's rules; map M-3 are utilized, the maximum ex­ It further appearing, that the Com­ 12. To determine whether the pro­ pected operating value of radiation from mission’s Special and Safety Radio Serv­ posed operation of Robert Burdette and the Burdette. site will produce a signal ices Bureau has consented to immediate Associates, Inc., is in contravention of in excess of the 5 micro-volts per meter consideration and grant of the said peti­ the proposed Agreement between the allowable under the U.S.-Mexican Agree­ tion and for the reasons set forth therein United States of America and the United ment. Upland supports its contentions good cause for a grant has been shown; Mexican States concerning Radio Broad­ with an engineering affidavit. With ref­ It is ordered, This 19th day of Novem­ casting in the Standard Broadcast Band, erence to the timeliness of its petition, ber 1959 that the said petition is granted Mexico, D.F. 1957. Upland states that it was filed as soon as and the notice of appearance tendered practicable after completion of a study . Released: November20,1959, therewith is accepted; of the amended proposal by its engineer I t is further ordered, That the hearing F ederal C ommunications which was undertaken immediately after proceeding herein presently scheduled to C o m m is s io n , the Commission denied the petition for commence on November 25, 1959, is, on - [ s e a l] M a r y J a n e M o rris, the Hearing Examiner’s own motion, review of the' Examiner’s grant of the Secretary. Burdette amendment. continued without date. 4. Both the Bureau and Burdette urge [F.R. Doc. 59-9968; Filed, Nov. 24, 1959; Released: November 20, 1959. that the petition be denied as untimely. 8:48 a.m.] In addition, Burdette argues that its F ederal C ommunications field intensity measurements are consist­ C o m m is s io n , ent with good engineering practice and [ s e a l ] M a r y J a n e M o r r is, that the radials traversed substantially [Docket Nos. 12710, 12748; FCC 59M-1558] Secretary. the same terrain as required by § 3.183 COMMODITY NEWS SERVICE, INC., [F.R. Doc. 59-9970; Filed, Nov. 24, 1959; of the Commission’s rules relating to 8:49 a.m.] ground conductivity measurements. ET AL. Burdette supports these contentions with Order Scheduling Prehearing an engineering affidavit. Conference 5. The Commission is of the opinion [Docket No. 13151; FCC 59M-1566] that Uplaiid’s petition is untimely and In the matter of Commodity News should for that reason be denied. There Services, Inc., complainant, v. The West­ MICHAEL J. DESAUTELS ern Union Telegraph Company, defend­ is clearly no showing of diligence. In­ Order Cancelling Hearing stead of raising the issue as to the suffi­ ant, Docket No. 12710; and in the matter ciency of the amendment to accomplish of The Board of Trade of the City of In the matter of Michael J. Desautels, its purpose when it was filed, Upland Chicago, complainant, v. The Western 200 Grove Street, Burlington, Vermont, chose to attack it only on procedural Union Telegraph Company, defendant, Docket No. 13151, order to show cause grounds. Upland’s additional argument Docket No. 12748. why there should not be revoked the that it relied on the Commission to detect I t is ordered, This 19th day of Novem­ license for Citizens Radio Station the alleged insufficiency in Burdette’s ber 1959, that^prehearing conference, 1W0584. measurements is entitled to no weight. pursuant to § 1.111 of the Commission’s The Hearing Examiner having under The duty was on Upland to present all rules, will be held in the above-entitled consideration a “Motion to Cancel Hear­ grounds of opposition to the petition to matter at 10:00 a.m., December 4, 1959, ing and Issue an Initiál Decision and Wednesday, November 25, 1959 FEDERAL REGISTER 9491

Revocation Order” filed on November 12, Mathis, Rad W. Mathis & John B. Skel­ [Docket Nos. 13266-13270] , 1959, in the above-entitled proceeding by ton, Jr., d/b as WCPC Broadcasting Com­ MONTANA-IDAHO MICROWAVE, the Chief, Safety and Special Radio pany (W CPC), Houston, Mississippi, INC. Services Bureau; Docket No. 13235, File No. BP-12420; It appearing, that Michael J. Cape Fear Broadcasting Company Correction Desautels has failed and neglected to (WFNC), Fayetteville, North Carolina, enter an appearance in this proceeding Docket No. 13236, File No. BP-12485; In re applications of Montana-Idaho or to respond to any of the Commission’s W.L.K.Y., Inc., Lexington, Kentucky, Microwave, Inc., Bozeman, Montana: For official communications and, therefore, Docket No. 13237, File No. BP-12498; construction permit for new fixed radio no useful purpose would be served by the Radio Associates, Inc., Potomac, Mary­ station near Pocatello, Idaho, Docket No. holding of a hearing herein; land, Docket No. 13238, File No. BP- 13266, File No. 413-C1-P-60, Call Sign Accordingly, it is ordered, This 19th 12587; Miami Valley Christian Broad­ KPJ33; for construction permit for new day of November 1959, that the motion casting Association, Incorporated, fixed radio station near Monida Pass, Idaho, Docket No. 13267, File No. 414-C1- is granted insofar as it relates to the Miamisburg, Ohio, Docket No. 13239, File P-60, Call Sign KPJ34; for construction cancellation of said hearing, and the No. BP-12640; Tri-Cities Radio Corpo­ permit for new fixed radio station near hearing now scheduled for November 23, ration, Bristol, Virginia, Docket No. Armstead, Montana, Docket No. 13268, 1959, Be, and the same is, hereby 13240, File No. BP-12724; Charles F. File No. 415-C1-P-60, Call Sign KPJ35; cancelled. Trivette and Herman G. Dotson, d/b as Western Ohio Broadcasting Co., Delphos, for construction permit for new fixed Released: November 20,1959. Ohio, Docket No. 13241, File-No. BP- radio station near Whitehall, Montana, Docket No. 13269, File No. 416-C1-P-60, F ederal C ommunications 12779; Raymond I. Kandel and Gus Call Sign KPJ36; for construction per­ C o m m is s io n , Zaharis, Zanesville, Ohio, Docket No. mit for new fixed radio station near Boze­ [ s e a l ] M a r y J a n e M o r r is, 13242, File No. BP-12812; The Tide­ Secretary. water Broadcasting Company, Incorpo­ man Pass, Montana, Docket No. 13270, rated, Smithfield, Virginia, Docket No. File No. 417-C1-P-6Q, Call Sign KPJ37. [PJB, Doc. 59-9971; Filedj Nov. 24, 1959; 13243, File No. BP-12814; Greater Dis­ The caption in the Commission’s Mem­ 8:49 a.m.] trict Broadcasting Company, Takoma orandum Opinion and Order, (FCC 59- Park, Maryland, Docket No. 13244, File 1153), adopted November 12, 1959, and No. BP-12924; Caba Broadcasting Cor­ released November 17, 1959 in the above docketed proceedings is corrected to de­ [Docket No. 12068 etc.; FCC 59M-1557] poration, Baltimore, Maryland, Docket No. 13245, File No. BP-12962; Conti­ lete all reference to File Nos. 922 through FLORENCE BROADCASTING CO., nental Broadcasting Company, Cincin­ 926-C1-MP-60. INC., ET AL. nati, Ohio, Docket No. 13246, File No. Released: November 19,1959. BP-13088; Rossmoyne Corporation, F ederal C ommunications Order Setting Prehearing Conference Lebanon, Pennsylvania, Docket No. C o m m is s io n , 13247, File No. BP-13110; Edwin R. In re applications of Florence Broad­ [ s e a l ] M a r y J a n e M o r r is, casting Company, Inc., Brownsville, Fischer, Newport News, Virginia:, Docket Secretary. Tennessee, Docket No. 12068, File No. No. 13248, File No. BP-13114; Clarence C. Moore, tr/as Fort Wayne Broadcasting [F.R. Doc. 59-9973; Filed, Nov. 24, 1959; BP-10850; Michigan Broadcasting Com­ 8:49 a.m.] pany (W B C K ), Battle Creek, Michigan, Company, Fort Wayne, Indiana, Docket Docket No. 13222, File No. BP-11439; F. No. 13249, File No. BP-13120; Charles R. E. Lackey, Pierce E. Lackey and William Rudolph, Farley W. Warner, Richard S. Ellis Wilson, d/b as Richmond Broad­ Cobb and Mary Cobb, d/b as Catonsville [Docket No. 13265; FCC 59M-1561] Broadcasting Company, Catonsville, casting Company, Centerville, Indiana, EARL A. WILLIAMS Docket Nh. 13223, File No. BP-11625; Maryland, Docket No. 13250, File No. Charles H. Chamerlain, Urbana, Ohio, BP-13150; Mary Cobb and Richard S. Order Scheduling Prehearing Docket No. 13224, File No. BP-11736; Cobb, d/b as,. Tenth District Broadcast­ Conference Guilford Advertising, Inc. (W PE T), ing Co., McLean, Virginia, Docket No. Greensboro, North Carolina, Docket No. 13251, File No. BP-13153; for construc­ In the matter of application of Earl 13225, File No. BP-11742; Mt. Vernon tion permits. A. Williams, Docket No. 13265, File No. Radio and Television Company (W M IX ), I t is ordered, This 19th day of Novem­ 2731-C2-P-59, Call Sigh KEC929; for Mt. Vernon, Illinois, Docket No. 13226, ber 1959, that all parties, or their coun­ construction permit to establish a new File No. BP-11829; Seven Locks Broad­ sel, in the above-entitled proceeding are one-way signaling common carrier sta­ casting Company, Potomac-Cabin John, directed to appear for a prehearing con­ tion in the Domestic Public Land Mobile Maryland, Docket No. 13227, File No. BP- ference pursuant to the provisions of Radio Service in Syracuse, New York. 11877 ,- M. M. Lawrence and Ruel O. § 1.111 of the Commission’s rules, at the It is ordered, This 19th day of Novem­ Thomas, d/b as Lake Cumberland Broad­ offices of the Commission in Washington, ber 1959, that a prehearing conference, casting Company, Jamestown, Kentucky, D. C., at 10 a.m., December 11, 1959, for under Rule 1.111, is scheduled for De­ Docket No. 13228, File No. BP-12213; the purpose' of considering, but not lim­ cember 14, 1959, at 10:00 a.m., in the Radio Virginia, Incorporated (W XGI), ited to, the following matters: offices of the Commission, Washington, Richmond, Virginia, Docket No. 13229, (1) The necessity or desirability of D.C. File No. BP-12228; Sam Kamin and simplification, clarification, amplifica­ Released: November 20,1959. James A. Howenstine, d/b as Citizens tion, or limitation of the issues; Broadcasting Company, Lima, Ohio, F ederal C ommunications (2) The possibility of stipulating with C o m m is s io n , Docket No. 13230, File No. BP-12319; Vir- respect to facts; ginia-Kentucky Broadcasting Company, [ s e a l ] M a r y J a n e M o r r is, Secretary. Incorporated (W N R G ), Grundy, Vir­ (3) The procedure at the hearing; ginia, Docket No. 13231, File No. BP- (4) The limitation of the number of [F.R. Doc. 59-9976; Filed, Nov. 24, 1959; 12326; J. B. Crawley, R. L. Turner, W. B. witnesses; and 8:49 a.m.] Kelly and Dean Harden, d/b as Shelby (5) Such other matters as will be con­ Broadcasting Company, Shelbyville, ducive to an expeditious conduct of the Kentucky, Docket No. J.3232, File No. hearing. [Docket Nos. 13266-13270] BP-12352; Richard M. Pomeroy and Released: November 19,1959. Bessie M. Pomeroy, d/b as Radio 940, MONTANA-IDAHO MICROWAVE, South Haven, Michigan, Docket No. F ederal C ommunications INC. C o m m is s io n , 13233, File No. BP-12373; William E. Order Scheduling Prehearing Benns, Jr. and Barbara Benns, d/b as [ s e a l ] M a r y J a n e M o r r is, East Virginia Broadcasting Co., Smith- Secretary. Conference field, Virginia, Docket No. 13234, File No. [F.R. Doc. 59-9972; Filed, Nov. 24, 1959; In re applications of Montana-Idaho BP-12384; Robin H. Mathis, Ralph C. 8:49 a.m.] Microwave, Inc., Bozeman, Montana: For 9492 NOTICES contraction permit for new fixed radio [Docket No. G-15483] station near Pocatello, Idaho, Docket No. FEDERAL POWER COMMISSION 13266, Pile No. 413-C1-P-60, Call Sign PETROLEUM LEASEHOLDS, INC. [Project No. 2262] KPJ33; for construction permit for new Notice of Application and Date of fixed' radio station near Monida Hearing Pass, Idaho, Docket No. 13267, Pile No. CHUGACH ELECTRIC ASSOCIATION/ 414-C1-P-60, Call Sign KPJ34; for con­ INC. N o v em ber 19, 1959. struction permit for new fixed radio sta­ Notice of Application for Preliminary Take notice that Petroleum Lease­ tion near Armstead, Montana,’ Docket holds, Inc. (Applicant), a Delaware cor­ No. 13268, Pile No. 415-C1-P-60, Call Permit poration with its principal office in Sign KPJ35; for construction permit for N o v em ber 19,1959. Houstoh., Texas, filed an application in new fixed radio station near Whitehall, Docket No. G-15483 on July 14, 1958, Public notice is hereby given that Montana, Docket No. 13269, Pile No. 416- pursuant to section 7 of the Natural Gas Chugach Electric Association, Inc., of Cl-P-60, Call Sign KPJ36; for construc­ Act for a certificate of public conven­ Anchorage, Alaska, has filed application tion permit for new fixed radio station ience and necessity for authorization under the Federal Power Act (16 U.S.C. near Bozeman Pass, Montana, Docket No. to render service to Texas Eastern 791a-825r) for preliminary permit for 13270, File No. 417-C1-P-60, Call Sign Transmission Corporation (Texas East­ KPJ37. proposed water-power Project No. 2262 to be located on Ptarmigan, Grant and ern) from the West Weesatche Field, I t is ordered, This 19th day of Novem­ Goliad County, Texas, pursuant to the Lower Trail Lakes and Falls Creek on ber 1959, that a prehearing conference, in terms of two contracts dated September accordance with § 1.111 of the rules, will Kenai Peninsula in the Third Judicial Division, Alaska, 52 air miles south- 1, 1953, as amended, between Howard S. be held in the above-entitled matter at Cole, Jr., et al., as sellers, and Wilcox 10:00 a.m. on Monday, December 14, southeast of Anchorage and 24 air miles north of Seward; affecting lands of the Trend Gathering System, Inc. (now 1959, in the offices of the Commission, Texas Eastern) 1 as buyer, which con­ Washington, D.C. United States within the Chugach Na­ tional Forest; and to consist of (1) a tracts, as amended, were previously ac­ Released: November 19, 1959. dam at the outlet of Grant Lake 100 feet cepted for filing as Howard S. Cole, Jr. (Operator) et al. FPC Gas Rate Sched­ F ederal C ommunications high and 900 feet long raising the normal ule Nos. 1 and 2, all as more fully de­ C o m m is s io n , lake elevation 70 feet and providing scribed in the application on file with [ s e a l ] M a r y J a n e M o r r is, 150,000 acre-feet of usable power storage Secretary. at maximum power pool elevation of 770 the Commission, and open to public feet; (2) a dam at the outlet of Ptar­ inspection. [F.R. Doc. 59-9974; Filed, Nov. 24r 1959; Applicant states that by instruments 8:49 a.m.] migan Lake raising the normal level to a maximum power pool at elevation 770 of assignment dated April 1, 1958, the feet to correspond to the Grant Lake interests in the properties covered by elevation and proyiding 20,000-acre-feet the above described contracts, formerly [Docket No. 13150; FCC 59M-1565] of usable power storage; (3) a dam at a owned by H. S. Cole, Jr., and all of the PATTERSON SHRIMP CO., INC. point where an equalizing tunnel between et al.2 parties, except Leland Fikes, were Grant and Ptarmigan Lakes crosses assigned to Cole-Weesatche Corpora­ Order Continuing Hearing Fails Creek, diverting water from that tion. Then by separate instrument of In the matter of Patterson Shrimp creek into the tunnel in the amount of even date the properties were assigned Company, Inc., P.O. Box 98, Patterson, approximately 35,000 acre-feet per year; to the Applicant. Applicant has suc­ Louisiana, Docket No. 13150; order to and (4) a powerhouse on Lower Trail ceeded H.S. Cole, Jr., as thq Operator of show cause why there should not be re­ Lake containing two 9,000-kilowatt gen­ such properties. The interests were ac­ voked the License for Radio Station erating units (24,000 horsepower), con­ quired by Applicant subject to the above WC-3826 aboard the vessel “Howard nected by penstock to Grant Lake or a described contracts. Applicant proposes Rochel” . powerhouse with the same capacity lo­ to continue to render the same service The Hearing Examiner having under cated on the lower end of Lower Trail to Texas Eastern. consideration the pleading titled “Peti­ Lake connected by penstock to the tun­ The application recites that by Com­ tion to Accept Late Filing” submitted in nel which connects Grant Lake and mission order issued October 18, 1956, the above-entitled proceeding on Novem­ Ptarmigan Lake. in Docket No. G-4642 Cole was author­ ber 17, 1959, by Patterson Shrimp Com­ No construction is authorized under a ized to render service to Texas Eastern pany, Inc. preliminary permit. A permit, if issued, from the acreage acquired by Applicant. It appearing, that by said pleading pe­ gives permittee, during the period of the This matter is one that should be dis­ titioner requests “time to enter its ap­ permit, the right to priority of applica­ posed of as promptly as possible under pearance at this late date” and an tion for license while the permittee un­ the applicable rules and regulations and indefinite continuance of the hearing dertakes the necessary studies and to that end: date to afford it opportunity to proceed examinations, including the prepara­ Take further notice that, pursuant to under the waiver of hearing provisions tion of maps and plans, in order to de­ the authority contained in and subject of § 1.62 of the Commission’s rules; termine the economise feasibility of the to the. jurisdiction conferred upon the It appearing, that the Commission’s proposed project, the means of securing Federal Power Commission by sections Special and Safety Radio Services Bu­ the necessary financial arrangements for 7 and 15 of the Natural Gas Act, and the reau has consented to immediate con­ construction, the market for the project Commission’s rules of practice and pro­ sideration and grant of the said petition power, and all other information neces­ cedure, a hearing will be held on Decem­ and for the reasons set forth therein good sary for inclusion in an application for ber 16, 1959, at 9:30 a.m., e.s.t., in a cause for a grant has been shown; license, should one be filed. Hearing Room of the Federal Power It is ordered, This 19th day of Novem­ Protests or petitions to intervene may Commission, 441 G Street NW., Wash­ ber 1959 that the said petition is granted, be filed with the Federal Power Com­ ington, D.C., concerning the matters in­ the notice of appearance tendered there­ mission, Washington 25, D.C., in accord­ volved in and the issues presented by with is accepted, and the hearing pro­ ance with the rales of practice and such application: Provided, however, ceeding herein presently scheduled to procedure of the Commission (18 CFR That the Commission may, after a non- commence on November 23,1959, is con­ 1.8 or 1.10). The last date upon which contested hearing, dispose of the pro- tinued without date. protests or petitions may be filed is De­ 1 Texas Eastern subsequently absorbed Released: November 20, 1959. cember 31, 1959. The application is on Wilcox. F ederal C ommunications file with the Commission for public in­ a“Et al.M parties other than Leland Fikes C o m m is s io n , spection. are: H. N. Mallon, N. H. McElroy, L. N. M ur­ ray, J. B. O ’Connor, Henry A. Sauer, F. E. [ s e a l ] M a r y Ja n e M o rris, J o s e p h H. G u t r id e , Taplin, Mark Upson, F. K. Weyerhaeuser, Secretary. Secretary. Hannah Mallon Daniel, Edward & Company, [F.R. Doc. 59—9975; Filed, Nov. 24, 1959; [F.R. Doc. 59-9945; Filed, Nov. 24, 1959; R. L. Garner, W . M. Johnson, G. V. Leece, 8:49 a.m.] 8:45 a.m.] and Helen Catherine Mallon. 9493 Wednesday, November 25, 1959 FEDERAL REGISTER County, Mo., and Turck, Kans.; and (4) ceedings, pursuant to the provisions of mission’s-rules of practice and procedure, from the site of an explosive magazine § 1.30(c) (1) or (2) of the Commission's a hearing will be held on December 22, about five (5) miles east of Tatum, rules of practice and procedure. Under 1959, at 9:30 a.m., e.s.t., in a Hearing N. Mex., to the site of the Hercules Pow­ the procedure herein provided for, un­ Room of the Federal Power Commission, der Company plant, about five (5) miles, less otherwise advised, it will be unneces­ 441 G Street NW., Washington, D.C., southwest oLCarthage, Mo., and the site sary for Applicant to appear or be concerning the matters involved in and of the Hercules Powder Company explo­ represented at the hearing. the issues presented by such applica­ sive magazine about two (2) miles west Protests or petitions to intervene may tion: Provided, however, That the Com­ of Webb City, Mo. Applicant is author­ be filed with the Federal Power Com­ mission may, after a non-contested hear­ ized to conduct operations in Arkansas, mission, Washington 25, D.C., in ac­ ing, dispose of the proceedings pursuant cordance with the rules of practice and to the provisions of § 1.30(c) (1) or (2) Colorado, Illinois, Iowa, Kansas, Louisi­ ana, Michigan, Minnesota, Missouri, procedure (18 CPR 1.8 or 1.10) on or of the Commission’s rules of practice and before December 8, 1959. Failure of any procedure. Under the procedure herein Montana,, Nebraska, New Mexico, North party to appear at and participate in provided for, unless otherwise advised, Dakota, Oklahoma, South Dakota, Texas, the hearing shall be construed as waiver it will be unnecessary for Applicant to Wisconsin, and Wyoming. of and concurrence in omission herein appear or be represented at. the hearing. HEARING: January 22, 1960, at the of the intermediate decision procedure . Protests or petitions to intervene may New Hotel Pickwick, Kansas City, Mo., in cases where a request therefor is be filed with the Federal Power Commis­ before Examiner Harry Ross, Jr. sion, Washington 25, D.C., in accordance No: MC 671 (Sub No. 3), filed October made. 12, 1959. Applicant: OSCAR JACOB­ J o s e ph H . G u t r id e , with the rules of practice and procedure Secretary. (18 CFR 1.8 or 1.10) on or before Decem­ SON, Willis, Kans. Applicant’s attor­ ber 11,1959. Failure of any party to ap­ ney: Floyd D. Strong, 1319 Huntoon, [F.R. Doc. 59-9946; Filed, Nov. 24, 1959; Topeka, Kans. Authority sought to op­ 8:46 a.m.] pear at and participate in the hearing shall be construed as waiver of and con­ erate as a common carrier, by motor ve­ currence in omission herein of the in­ hicle, over irregular routes, transporting: termediate decision procedure in cases (1) Farm machinery and parts, in min­ imum loads of 12,000 pounds, from [Docket No. G-16837] where a request therefor is made. Lacrosse, Wis., to points in Brown, J o s e p h H. G u t r id e , Nemaha and Marshall Counties, Kans., TEXACO INC. Secretary. and (2) processed m ill feeds and fer­ Notice of Application and Date of [F.R. Doc. 59-9947; Filed, Nov. 24, 1959; tilizer, dry, in bags, from Kansas City, Hearing 8:46 a.m.] Mo., to Everest, Kans., and points within N o v e m b e r 18, 1959. a 10 mile radius of Everest. Applicant is authorized to conduct operations in Take notice that on October 29, 1958, INTERSTATE COMMERCE Kansas and Missouri. Texaco Inc. (Applicant), formerly The HEARING: January 14, 1960, at the Texas Company, filed in Docket No. G— Hotel Kansan, Topeka, Kans., before 16837 an application pursuant to section COMMISSION Examiner Raymond V. Sar. 7(b) of the Natural Gas Act for permis­ [Notice No. 297] No. MC 730 (Sub No. 163), filed No­ sion and approval to abandon natural MOTOR CARRIER APPLICATIONS vember 16, 1959. Applicant: PACIFIC gas service to Lone Star Gas Company INTERMOUNTAIN EXPRESS CO., a (Lone Star) from Applicant’s Hattie N o v e m b e r 20,1959. corporation, 1417 Clay Street, Oakland, Harrell “A” Lease in the Doyle Field, Calif. Authority sought to operate as Stephens County, Oklahoma, all as more The following applications are gov­ erned by the Interstate Commerce Com­ a common carrier, by motor vehicle, over fully set forth in the application which irregular routes, transporting: Acids, is on file with the Commission and open mission’s special rules governing notice o f filing of applications by motor carriers chemicals and chemical solutions, in to public inspection. bulk, in tank vehicles, between points The subject service is covered by a gas o f property or passengers or brokers in Oregon and Washington, on the one sales contract dated June 25, 1947, be­ under sections 206, 209, and 211 of the hand, and, on the other, points in North tween Applicant, as seller, and Lone Star, Interstate Commerce Act and certain as buyer, on file with the Commission as other proceedings with respect thereto. Dakota, Wyoming, Colorado, and Ne­ vada. Applicant is authorized to con­ Texaco Inc. FPC Gas Rate Schedule No. All hearings will be called at 9:30 duct operations in Arizona, California, 104. o’clock a.m., United States standard time, Applicant was authorized to render unless otherwise specified. Colorado, Idaho, Illinois, Kansas, Mis­ souri, Montana, Nevada, Oregon, Utah, service to Lone Star pursuant to the A pplications A s sig n e d for O ral H earing Washington, Wyoming, Iowa, Nebraska, aforesaid contract by Commission order or P r e -H e a r in g C o n f e r e n c e issued December 5, 1955, in Docket No. Indiana, New Mexico, Oklahoma, and G-4824, which order also authorized MOTOR CARRIERS OF PROPERTY Wisconsin. HEARING: December 14, 1959, at the service under other contracts not in ­ No. MC 623 (Sub No. 25), filed Octo­ Interstate Commerce Commission Hear­ volved herein. ber 8, 1959. Applicant: H. MESSICK, ing Room, 410 Southwest 10th Avenue, Applicant states that due to natural INC., P.O. Box 214, Duquesne and New­ depletion, the subject well pressure has man Road, Joplin, Mo. Applicant’s at­ Portland, Oreg., before Examiner F. Roy dropped below the line pressure main­ torney: Turner White, 808 Woodruff Linn. No. MC 3083 (Sub No. 32), filed No­ tained by Lone Star. The resultant Building, Springfield, Mo. Authority vember 9, 1959. Applicant: WELLS failure by Lone Star to take gas has sought to operate as a contract carrier, made the basic contract inoperative by by motor vehicle, over irregular routes, FARGO ARMORED SERVICE .COR­ PORATION, 277 Monroe Avenue, Mem­ its terms, and Applicant has filed notice transporting: Returned, rejected, and of cancellation of same, dated October unused Class A and B explosives, blasting phis, Tenn. Applicant’s attorney: James 17, 1958, which notice has been tenta­ agents, blasting supplies and materials, W. Wrape, 2111 Sterick Building, Mem­ phis 3, Tenn. Authority sought to op­ tively designated Supplement No. 1 to (1) from points in Montana to points in Texaco Inc. FPC Gas Rate Schedule No. Jasper County, Mo.; (2) from points in erate as a contract carrier, by motor vehicle, over irregular routes, transport­ 104. Louisiana, Nebraska, Io"Wa, Texas, Okla­ ing: Coin, between Atlanta, Ga., Bal­ This matter is one that should be dis­ homa, Missouri, Kansas, and Arkansas, timore, Md., Birmin gham, Ala., posed of as promptly,as possible under and Hobbs, N. Mex., and Collinsville, 111., Charlotte, N. C., Jacksonville, Fla., Louis­ the applicable rules and regulations and to the sites of the Hercules Powder Com­ ville, Ky., Little Rock, Ark., Memphis and to that end: pany plants, located about two (2) miles Nashville, Tenn., New Orleans, La., Phil­ west of Webb City, Mo., and about five Take further notice that, pursuant to adelphia, Pa., Richmond, Va., St. Louis, the authority contained in and subject to' (5) miles southwest of Carthage, Mo.; the jurisdiction conferred upon the Fed­ (3) from points in South Dakota, North Mo., Washington, D.C., and Denver, eral Power Commission by sections 7 and Dakota, Minnesota, Wisconsin, Michi­ Colo. Applicant is authorized to con­ 15 o? the Natural Gas Act, and the Com- gan, and Illinois, to points in Jasper duct operations in Georgia, Maryland, 9494 NOTICES

Alabama, West Virginia, North Carolina, regular routes, transporting: XJrea, tive: Charles H. Trayford, 155 East 40th Florida, Louisiana, Pennsylvania, Vir­ ammonium nitrate and fertilizing com­ Street, New York 16, N.Y. Authority ginia, Missouri, the District of Columbia, pounds (manufactured fertilizers), dry, sought to operate as a common carrier, Kentucky, Tennessee, Arkansas, Missis­ in bulk, or in packages, (1) from Selma, by motor vehicle, over irregular routes, sippi, and South Carolina. Mo., and points in Missouri within 10 transporting: New furniture, between HEARING: December 16, 1959, at the miles thereof, to points in Illinois, Iowa, Chicago,'111., and Grand Rapids, Mich., Offices of The Interstate Commerce Com­ Kansas, and Oklahoma; (2) from Pryor, on the one hand, and, on the other, mission, Washington, D.C., before Ex­ Okla., to points in Missouri, Iowa, and points in North Carolina. Applicant is aminer Alton R. Smith. Illinois; and (3) from Marion, 111., to authorized to conduct operations in No. MC 10761 (Sub No. 89), filed Oc­ points in Indiana, Iowa, and Missouri. Connecticut, Illinois, Indiana, Iowa, tober 30, 1959. Applicant: TRANS- Applicant is authorized to conduct op­ Maryland, Massachusetts, Michigan, AMERICAN FREIGHT LINES, INC., erations in Illinois, Kansas, Missouri, Minnesota, Missouri, New Jersey, New 1700 North Waterman Avenue, Detroit 9, Oklahoma, Arkansas, Iowa, Nebraska, York, Ohio, Pennsylvania, Rhode Island, Mich. Applicant’s attorney: Howell Colorado, Wyoming, Indiana, South Wisconsin, and the District of Columbia. Ellis, 520 Illinois Building, Indianapolis, Dakota, Texas, and Kentucky. N ote: Applicant states it proposes to tack Ind. Authority sought to operate as a HEARING: January 22, 1960, at the the above with its existing authority. common carrier, by motor vehicle, over New Hotel Pickwick, Kansas City, Mo., regular routes, transporting: General before Examiner Harry Ross, Jr. HEARING: January 18,1960, in Room commodities, except those of unusual No. MC 30837 (Sub No. 268), filed No­ 852, U.S. Custom House, 610 South value, Classes A and B explosives, live­ vember 6, 1959. Applicant: KENOSHA Canal Street, Chicago, 111., before Exam­ stock, household goods as defined by the AUTO TRANSPORT CORPORATION, iner Allan F. Borroughs. Commission, commodities in bulk, com­ 4519 76th Street, Kenosha, Wis. Appli­ No. MC 52403 (Sub No. 6), filed June modities requiring special equipment and cant’s attorney: Paul F. Sullivan, 1821 25, 1959. Applicant: HOWARD E. those injurious or contaminating to other Jefferson Place NW., Washington 6, D.C. BLACKMON, doing business as HOW­ lading, serving the site of the new Swift Authority sought to operate as a common ARD BLACKMON TRUCK SERVICE, and Company plant near Rochelle, 111., carrier, by motor vehicle, over irregu­ 1300 40th Street, Kenosha, Wis. Appli­ as an intermediate point in connection lar routes, transporting: M otor vehicles, cant’s attorney: Edward Solie, 715 First with applicant’s authorized regular route except trailers, in^ initial and secondary National Bank Building, Madison 3, Wis. operations between Chicago, 111., and movements, by driveaway and truckaway Authority sought, to operate as a con­ Jefferson, Iowa over Alternate U.S. High­ methods, from Montpelier, Ohio, to tract carrier, by motor vehicle, over ir­ way 30 and U.S. Highway 30. Applicant points in the United States, except points regular routes, transporting: Lime and is authorized to conduct operations in in Hawaii. Applicant is authorized to lime products, from Knowles, Eden, High Arkansas, Connecticut, Illinois, Indiana, conduct operations - throughout the Cliff, and Green Bay, Wis., and points Iowa, Kansas, Kentucky, Massachusetts, United States. within 5 miles of each, to points in Iowa, Michigan, Minnesota, Missouri, Ne­ HEARING: December 10, 1959, at the Hlinois, Missouri, and Minnesota. Ap­ braska, New Jersey, New York, Ohio, Offices of the Interstate Commerce Com­ plicant is authorized to conduct opera­ Oklahoma, Pennsylvania, Rhode Island, mission, Washington, D.C., before Ex­ tions in Illinois and Wisconsin. '■%*. Texas, West Virginia, and Wisconsin. aminer Robert A. Joyner. N ote : A proceeding has been instituted 1 HEARING: January 13, 1960, in Room No. MC 35628 (Sub No. 227), filed Oc­ under section-212 (c) of the Interstate Com­ 852, U.S. Custom House, 610 South Canal tober 23, 1959. Applicant: INTER­ merce Act to determine whether applicant’s Street, Chicago, 111., before Joint Board STATE MOTOR FREIGHT SYSTEM, a status is that of a common or contract car­ rier in No. MC 52403 Sub 5. Dual opera­ No. 149, or, if the Joint Board waives its corporation, 134 Grandville SW., Grand tions may be involved. Duplicating author­ right to participate, before Examiner Rapids, Mich. Applicant’s attorney: ity should be eliminated. Allan F. Borroughs. Leonard D. Verdier, Jr., 300 Michigan No. MC 26907 (Sub No. 15), filed Au­ Trust Building., Grand Rapids 2, Mich. HEARING: January 19, 1960, in the gust 21, 1959. Applicant: RIPON Authority sought to operate as a com­ Wisconsin Public Service Commission, TRUCKING CO., a Wisconsin corpora­ mon carrier, by motor vehicle, trans­ Madison, Wis., before Examiner Allan tion, Oshkosh Street, Ripon, Wis. Ap­ porting: General commodities, except F. Borroughs. plicant’s attorney: Edward A. Solie, 715 commodities of unusual value, Classes No. MC 61396 (Sub No. 71), filed Octo­ First National Bank Building, Madison A and B explosives, household goods as ber 1, 1959. Applicants HERMAN 3, Wis. Authority sought to operate as a defined by the Commission, commodities BROS., INC., 1207 Chicago Street, 711 common or contract carrier, by motor in bulk (except scrap metal in bulk), W.O.W. Building, Omaha, Nebr. Author­ vehicle, over irregular routes, transport-' and those requiring special equipment, ity sought to operate as a common car­ ing: Such materials, equipment, and between junction Alternate U.S. High­ rier, by motor vehicle, over irregular supplies as are used or useful in bakeries, way 30 and Illinois Highway 88 (at routes, transporting: Petroleum and from points in Ohio and Indiana, except Sterling, 1 11 )., and Peoria, 111., over Illi­ petroleum products, between the site of those points in Indiana within the Chi­ nois Highway 88, with no service at the Great Lakes Pipeline Terminal lo­ cago, Illinois, Commercial Zone as de­ junction Alternate U.S. Highway 30 and cated near Olathe, Kans., and points in fined by the Commission, to Ripon, Wis. Illinois Highway 88 or at intermediate Missouri. Applicant is authorized to Applicant is authorized to conduct con­ points except for the purpose of joinder conduct operations in Iowa, Kansas, Mis­ tract carrier operations in Illinois, Indi­ with presently authorized routes, and souri, Nebraska, and South D>akota. ana, Iowa, Michigan, Minnesota, Mis­ serving the off-route point of Prince- N ote: Dual operations may be involved. souri, Ohio, South Dakota, Pennsylvania, ville. HI. Applicant is authorized to conduct operations in Delaware, Illi­ HEARING: January 14, 1960, at the Nebraska, Kentucky, Tennessee, New Hotel Kansan, Topeka, Kans., before York, and Wisconsin. nois, Indiana, Iowa, Kentucky, Mary­ land, Massachusetts, the District of Joint Board No. 36, or, if the Joint Board N ote: A proceeding has been instituted waives its right to participate, before under section 212(c) of the Interstate Com­ Columbia, Wisconsin, West Virginia, Pennsylvania, Michigan, Missouri, Min­ Examiner Raymond V. Sar. merce Act to determine whether applicant’s No. MC 61396 (Sub No. 72), filed Octo­ status is that of a contract or common car­ nesota, New York, New Jersey, and Ohio. ber 1, 1959. Applicant: HERMAN rier, assigned No. MC 26907 (Sub No. 14). HEARING: January 13,1960, in Room 852, U.S. Custom House, 610 South Canal BROS., INC., 1207 Chicago Street, 711 HEARING: January 21, 1960, in the W.O.W. Building, Omaha, Nebr. Author­ Wisconsin Public Service Commission, Street, Chicago, 111., before Joint Board No. 149, or, if the Joint Board waives its ity sought to operate as a common car­ Madison, Wis., before Examiner Allan rier, by motor vehicle, over irregular F. Borroughs. right to participate, before Examiner f No. MC 29566 (Sub No. 61), filed Oc­ Allan F. Borroughs. routes, transporting: Crude oil and its tober 12, 1959. Applicant: SOUTH­ No. MC 35890 (Sub No. 13), filed No­ refined products, in bulk, in tank vehi­ WEST FREIGHT LINES, INC., 1400 vember 3,1959. Applicant: BLODGETT cles, between points in Harrison County, Kansas Avenue, Kansas City 5, Kans. UNCRATED FURNITURE SERVICE, Mo„ and points in Iowa, Kansas, Ne­ Authority sought to operate as a com­ INC., 845 Chestnut Street, SW., Grand braska, and Missouri. Applicant is mon carrier, by motor vehicle, over ir- Rapids 2, Mich. Applicant’s representa­ authorized to conduct operations in Iowa, Wednesday, November 25, 1959 FEDERAL REGISTER 9495

Kansas, Missouri, Nebraska, and South component parts of ammunition, and coln, Nebr. Authority sought to operate Dakota. empty containers, between points in Du­ as a common carrier, by motor vehicle, HEARING: January 19‘ , 1960, at the val and Clay Counties, Fla., on the one over regular route, transporting: Gen­ Rome Hotel, Omaha, Nebr., before Exam­ hand, and, on the other, points in Berke­ eral commodities, except those of un­ iner Raymond V. Sar. ley and Charleston Counties, S.C. Appli­ usual value, Class A and B explosives, No. MC 64932 (Sub No. 263), filed cant is authorized, as a common car­ household goods as defined by the Com­ October 23, 1959. Applicant: ROGERS rier, in Certificate No. MC 76177 and mission, commodities in bulk, and CARTAGE CO., a corporation, 1934 subs thereunder and as a contract car­ commodities requiring special equip­ South Wentworth Avenue, Chicago, 111. rier in Permit No. MC 89778 and subs ment, between Fairbury, Nebr., and Applicant’s attorney: David Axelrod, 39 thereunder, to conduct operations Lincoln, Nebr., from Fairbury over South LaSalle Street, Chicago 3, 111. throughout the United States except Nebraska Highway 3 to junction U.S. Authority sought to operate as a com­ Arizona, California, Nevada, Oregon, and Highway 77, thence over U.S. Highway mon carrier, by motor vehicle, over irreg­ Washington. 77 to Lincoln, and return over the same ular routes, transporting: Fluorinated Note: A proceeding has been instituted route, serving no intermediate points, hydrocarbons (genetrons), in bulk, in under section 212(c) in No. MC 89778 (Sub as an alternate route for operating tank vehicles, from Danville, 111., to Syra­ No. 96) to determine whether applicant’s convenience only in connection with cuse, N.Y. Applicant is authorized to status is that of a common or contract car­ applicant’s authorized regular route op­ conduct operations in Alabama, Arkan­ rier. erations. Applicant is authorized to sas, Florida, Georgia, Illinois, Indiana, HEARING: December 4, 1959, at the conduct operations in Nebraska. Iowa, Kansas, Kentucky, Louisiana, Mayflower Hotel, Jacksonville, Fla., be­ HEARING: January 27, 1960, at the Michigan, Minnesota,' Missouri, Missis­ fore Joint Board No. 354, or, if the Joint Nebraska State Railway Commission, sippi, Nebraska, New Jersey, New York, Board waives its right to participate, be­ Capitol Building, Lincoln, Nebr., before North Carolina, Ohio, Oklahoma, Penn­ fore Examiner Lucian A. Jackson. Joint Board No. 93, or, if the Joint sylvania, South Carolina, Tennessee, No. MC 92983 (Sub No. 366), filed Sep­ Board waives its right to participate, Texas, West Virginia, and Wisconsin. tember 3, 1959. Applicant: ELDON before Examiner Raymond V. Sar. HEARING: January 14,1960, in Room MILLER, INC., 330 East Washington, No. MC 101082 (Sub No. 10), filed 852, U.S. Custom House, 610 South Canal Iowa City, Iowa. Authority sought to September 4, 1959. Applicant: EE- Street, Chicago, 111., before Examiner operate as a common carrier, by motor JAY MOTOR TRANSPORTS, INC., 15th Allan F. Borroughs. vehicle over irregular routes, transport­ and Lincoln, P.O. Box 1037, East St. No. MC 77486 (Sub No. 14), filed No­ ing: Acids and chemicals, in bulk, from Louis, 111. Applicant’s attorney: Del- vember 2, 1959. Applicant: MUELLER Oklahoma City, Okla., to points in mar O. Koebel, 406 Missouri Avenue, TR AN SIT CO., a corporation, 2523 Arkansas, Illinois, Kansas, Louisiana, East St. Louis, 111. Authority sought to Wabash Avenue, St. Paul, Minn. Appli­ Missouri, and Tennessee. Applicant is operate as a contract carrier, by motor cant’s representative: Robert P. Sack, authorized to conduct operations in Ala­ vehicle, over irregular routes, transport­ Traffic Manager, Mueller Transportation bama, Arkansas, Colorado, Connecticut, ing : Petroleum wax, in bulk, in tank Co. (same address as applicant). Au­ the District of Columbia, Florida, Geor­ vehicles, temperature controlled, from thority sought to operate as a common gia, Illinois, Indiana, Iowa, Kansas, Ken­ East St. Louis, 111., to points in Colorado, carrier, by motor vehicle, over a regular tucky, Louisiana, Maine, Maryland, and rejected shipments of the above route, transporting: General commodi­ Massachusetts, Michigan, Minnesota, specified commodity on return. Appli­ ties, except those of unusual value, Mississippi, Missouri, Nebraska, New cant is authorized to conduct operations Classes A and B explosives, household Hampshire, New Jersey, New York, North in Illinois, Indiana, Iowa, Missouri, goods as defined by the Commission, Carolina, North Dakota, Ohio, Okla­ Tennessee, Kansas, and Nebraska. commodities in bulk, commodities re­ homa, Pennsylvania, Rhode. Island, Note: A proceeding has been instituted quiring special equipment, and those in­ South Carolina, South Dakota, Tennes­ under section 212(c) of the interstate Com­ jurious or contaminating to other lading, see, Texas, Vermont, Virginia, West Vir­ merce Act to determine whether applicant’s between Hudson, Wis., and Eau Claire, ginia, Wisconsin, and Wyoming. status is that of a contract or common Wis., from Hudson over Interstate Free­ HEARING: January 7, 1960, at the carrier in Docket No. MC 101082 (Sub way No. 94 to Eau Claire, and return over New Hotel Pickwick, Kansas City, Mo., No. 4 ). the same route, serving no intermediate before Examiner Raymond V. Sar. HEARING: January 11, 1960, at the or off-route points, as an alternate route No. MC 92983 (Sub No. 367), filed Sep­ U.S. Court House and Custom House, for operating convenience only, in con­ tember 4,1959. Applicant: ELDON MIL­ 1114 Market Street, St. Louis, Mo., be­ nection with applicant’s authorized reg­ LER, INC., 330 East Washington, Iowa fore Examiner Harry Ross, Jr. ular route operations'between Eau Claire, City, Iowa. Authority sought to operate No. MC 101476 (SUb No. 20), filed Sep­ Wis., and Minneapolis, Minn. Appli­ as a common carrier, by motor vehicle, tember 8, 1959. Applicant: HOWARD cant is authorized to conduct operations over irregular routes, transporting: Fats N. DAHLSTEN, doing business as in Illinois, Indiana, Minnesota and and oils, in bulk, in tank vehicles, from DAHLSTEN TRUCK LINE, Clay Center, Wisconsin. St. Louis, Mo., to points in Kentucky, Nebr. Applicant’s representative: C. A. Note: Applicant states Interstate Freeway Tennessee, and Texas. Applicant is au­ Ross, 1004-1005 Trust Building, Lincoln No. 94 is presently open from- Hudson, Wis., thorized to conduct operations in Ala­ 8, Nebr. Authority sought to operate as to Menomonie but is scheduled to be com­ bama, Arkansas, Colorado, Connecticut, a common or contract carrier, by motor pleted to Eau Claire, Wis., shortly. Florida, Georgia, Illinois, Indiana, Iowa, vehicle, over irregular routes, transport­ HEARING: January 25, 1960, in the Kansas, Kentucky, Louisiana, Maine, ing: (1) Manufactured fertilizer and Wisconsin Public Service Commission, Maryland, Massachusetts, Michigan, fertilizer compounds, dry, in bulk and in Madison, Wis., before Joint Board No. Minnesota, Mississippi, Missouri, Ne­ bags or containers, from the plant site 96, or, if the Joint Board waives its right braska, New Hampshire, New Jersey, New of the Kansas Agricultural Chemical Co., to participate, before Examiner Allan F. York, North Carolina, North Dakota, Junction City, Kans., to points in Iowa, Borroughs. Ohio, Oklahoma, Pennsylvania, Rhode Nebraska, and South Dakota; (2) manu­ No. MC 89778 (Sub No. 76), filed No­ Island, South Carolina, South Dakota, factured fertilizer and fertilizer com­ vember 16, 1959. Applicant: BAGGETT Tennessee, Texas, Vermont, Virginia, pounds, dry, in bulk and in bags or con­ TRANSPORTATION COMPANY, a cor­ West Virginia, Wisconsin, Wyoming, and tainers, from the plant site of Ozark poration, 2 South 32d Street, Birming­ the District of Columbia. Mahoning Co., Tulsa, Okla., to points in ham, Ala. Applicant’s attorney: Harold HEARING: January 7, 1960, at the Colorado, Wyoming, and Nebraska; (3) G. Hemly, 1624 Eye Street NW., Wash­ New Hotel Pickwick, Kansas City, Mo., manufactured fertilizer and fertilizer ington 6, D.C. Authority sought to op­ before Examiner Raymond V. Sar. compounds including urea fertilizer, feed erate as a common or contract carrier, by No. MC 99577 (Sub No. 2), filed July grade urea and technical grade urea, motor vehicle, over irregular routes, 24,1959. Applicant: HENRY G. FREAR, dry, in bulk and in bags or containers, transporting: Classes A, B, and C ex­ doing business as SUPERIOR TRANS­ from the plant site of the Grand River plosives, ammunition not included within FER, Superior, Nebr. Applicant’s attor­ Chemical Division of Deere & Company the commodities classified by the Com­ ney: J. Max Harding, IBM Building, 605 near Pryor, Okla., to points in Colorado, mission as Classes A, B, and C explosives, South 12th Street, P.O. Box 2041, Lin­ Iowa, Minnesota, North Dakota, South 9496 NOTICES

Dakota and Wyoming, and empty con­ Note: A proceeding has' been instituted No. MC 106603 (Sub No. 54) (REPUB­ tainers or other such incidental facilities under section 212(c) of the Interstate Com­ LICATION) , filed May 1,1959, published merce Act to determine whether applicant’s used in transporting the above specified F ederal R e g ister issue of May 20, 1959. commodities on return. Applicant is au­ status is that of a contract or common car­ rier in No. MO 101476 (Sub No. 10). Applicant: DIRECT TRANSIT LINES, thorized to conduct operations in Kansas, INC., 200 Colrain SW., Grand Rapids, Iowa, Nebraska, Colorado, Minnesota, HEARING: January 18, 1960, at the Mich. Applicant’s attorney: Arthur P. North Dakota, South Dakota, Wyoming, Rome Hotel, Omaha, Nebr., before Ex­ Boynton, 2850 Penobscot Building, Montana, and Oklahoma. aminer Raymond V. Sar. Detroit 26, Mich. By application filed Note: A proceeding lias been instituted No. MC 106282 (Sub No. 9), filed Octo­ May 1,1959, as amended, applicant seeks under section 212(c) of the Act to determine ber 12, 1959. Applicant: SPEEDWAY authority to operate as a common car­ whether applicant’s status is that of a com­ TRANSPORTS, INC., 7933 Clayton Road, rier, by motor vehicle, over irregular mon or contract carrier in No. MC 101476 St. Louis 17, Mo. Applicant’s attorney: (Sub No. 10). routes, transporting: Fertilizer and fer­ Walter N. Bieneman, Guardian Building, tilizer materials, (except liquid fertilizer HEARING: January 25, 1960, at the Detroit 26, Mich. Authority sought to and liquid fertilizer materials, in bulk, in Nebraska State Railway ' Commission, operate as a common carrier, by motor tank vehicles), from the plant site of the Capitol Building, Lincoln, Nebr., before vehicle, over irregular routes, transport­ Michiana Chemical Company located in Examiner Raymond V. Sar. ing: New foreign-made automobiles, in Howard Township, Cass County, Mich., No. MC 101476 (Sub No. 21), filed Sep­ secondary movements, by truckaway to points in Indiana on and north of U.S. tember 11, 1959. Applicant: HOWARD method, (1) from Kenosha, Wis., to Highway 24, and those in Illinois on and N. DAHLSTEN, doing business as points in and south of Adams, Schuyler, north of U.S. Highway 24 and on and east DAHLSTEN TRUCK LINE, Clay Center, Cass, Menard, Sangamon, Macon, Moul­ of U.S. Highway 51. In its original form, Nebr. Applicant's representative: C. A. trie, Douglas, and Edgar Counties, 111., the application sought authority, terri­ Ross, 1004-1005 Trust Building, Lincoln points in Vermillion, Parke, Vigo, Clay, torially, from points in Berrien County, 8, Nebr. Authority sought to operate as Sullivan, Greene, Knox, Daviess, Martin, Mich. At the hearing, held June 30,1959, a common or contract carrier, by motor Orange, Gibson, Pike, Dubois, Crawford, it was developed that the supporting vehicle, over irregular routes, transport­ Posey, Vanderburgh, Warrick, Spencer, shipper’s plant was located not in Berrien ing: Salt and salt compounds, in bulk, and Perry Counties, Ind., points in Ken­ County (as previously published), but in in blocks and in bags or other containers tucky in and west of Hancock, Ohio, Cass County, and applicant was allowed from the plant site of Pawnee Salt Com­ Muhlenberg, and Todd Counties, Ky., to amend the application. A Report of pany near Pawnee Rock, Kans., to points and those in Missouri. (2) From K e­ the Commission, Division 1, decided in Arkansas, Colorado, Illinois, Iowa, nosha, Wis., to Murfreesboro, Tenn., re­ November 5, 1959, recommended that Minnesota, Missouri, Montana, Nebraska, stricted to , the transportation of ship­ applicant be granted authority to trans­ New Mexico, North Dakota, Oklahoma, ments tendered at Murfreesboro to port dry fertilizer and dry fertilizer ma­ Texas, South Dakota, and Wyoming, and connecting motor carrier for movement terials, in bulk and in bags, from the empty containers or other such inci­ beyond that point. Applicant is author­ plant site of the Michiana Chemical dental facilities, used in transporting the ized to conduct operations in Arkansas, Company located near Niles City, Mich. above-described commodities, on return. Illinois, Indiana, Kentucky, Missouri, and Wisconsin. (Cass County), to points in Indiana on Applicant is authorized to conduct op­ and north of U.S. Highway 24, and those erations in Colorado, Illinois, Iowa, Note: Applicant states as to (1) above that in Illinois on and north of U.S. High­ Kansas, Minnesota, Missouri, Montana, no duplicating authority is sought and it will surrender similar authority in a slightly way 24 and on and east of U.S. Highway Nebraska, North Dakota, South Dakota, 51, subject to the republication in the Wisconsin, and Wyoming. smaller destination territory granted in Cer­ tificate No. MC 106282 (Sub No. 6). F ederal R egister of the amended appli­ N ote: A proceeding has been instituted cation so that other parties who have under section 212(c) of the Interstate Com­ HEARING: January 15,1960, in Room relied upon the notice of the application 852, U.S. Custom House, 610 South Canal merce Act to determine whether applicant’s as originally published in the F ederal status is that of a contract or common car­ Street, Chicago, 111., before Examiner R egister may have an interest in, and rier in No. MC 101476 Sub 10. Allan F. Borroughs. would be prejudiced by the lack of proper HEARING: Januapr 22, 1960, at the No. MC 106400 (Sub No. 22), filed Sep­ notice of the authority actually granted tember 8, 1959. Applicant: KAW Nebraska State Railway Commission, herein, and shall withhold issuance of TRANSPORT COMPANY, a corporation, Capitol Building, Lincoln, Nebr., before a certificate for a period of 30 days from 701 North Sterling, Sugar Creek, Mo. Examiner Raymond V. Sar. y the date of such republication during No. MC 101476 (Sub No. 22), filed Sep­ Applicant’s attorney: Henry M. Shug- which period any interested proper party hart, 914 Commerce Building, Kansas tember 11, 1959. Applicant: HOWARD may file an appropriate protest or other N. DAHLSTEN, doing business as DAHL­ City, Mo. Authority sought to operate pleading. as a common carrier, by motor vehicle STEN TRUCK LINE, Clay Center, Nebr. No. MC 106553 (Sub No. 4), filed Sep­ Applicant’s representative: C. A. Ross, over irregular routes, transporting: tember 21, 1959. Applicant: AUTO 1004-1005 Trust Building, Lincoln 8, Petroleum and petroleum products, in TRANSPORTS, INC., 4900 North Santa Nebr. Authority sought to operate as a bulk, in specialized vehicles, (1) between Fe, Oklahoma City, Okla. Applicant’s common or contract carrier, by motor the River Terminal of the Standard Oil attorney: James W. Wrape, Sterick vehicle, over irregular routes, transport­ Company (Indiana) located at or near Building, Memphis, Tenn. Authority ing: (1) Drilling mud or drilling clay Jefferson City, in Cole County, Mo., on sought to operate as a contract carrier, including bentonite clay, in bags or con­ the one hand, and, on the other, points by motor vehicle, over, irregular routes, tainers from points in Butte County, in Missouri and Iowa. (2) Between the transporting: New motor vehicles, ve­ S. Dak., and points in Crook and Weston Pipe Line Terminal of the Standard Oil hicle cabs and bodies, and automobile Counties, Wyo., to points in Colorado, Company (Indiana) located at or near show equipment and paraphernalia, Iowa, Kansas, Nebraska, Oklahoma and Trenton, in Grundy County, Mo., on the when transported with display vehicles, Texas and (2) drilling compounds in­ one hand, and, on the other, points in in initial" movements by truckaway and cluding treated and untreated lignite, Missouri and Iowa. (3) Between the driveaway, from the site of General Mo­ in bulk, bags or containers, from points Great Lakes Pipe Line Terminal at or tors Plant in Wyandotte County, Kans., in Bowman County, N. Dak., to points in near Bethany, in Harrison County, Mo., to points in Arizona, Nevada, Idaho, Colorado, Kansas, Nebraska, Oklahoma, on the one hand, and, on the other, points Oregon, Washington, and California; in South Dakota, Texas, and Wyoming, and in Missouri, Kansas, Iowa, and Nebraska. secondary movements by truckaway and empty containers or other such inciden­ Applicant is authorized to conduct oper­ driveaway, (1) between points in Colo­ tal facilities, used in transporting the ations in Iowa, Kansas, Missouri, Ne­ rado, Arizona, and California; (2) be­ above-described commodities, on return. braska, and Oklahoma. tween points in Utah, Arizona, Nevada, Applicant is authorized to conduct opera­ Note: Common control and section 210, Idaho, Oregon, California, and Washing­ tions in Colorado, Illinois, Iowa, Kansas, dual operations, may be involved. ton; (3) between points in Montana, Minnesota, Missouri, Montana, Ne­ HEARING: January 8, 1960, at the Idaho, Washington, Oregon, and Wyo­ braska, North Dakota, South Dakota, New Hotel Pickwick, Kansas City, Mo., ming. Applicant is authorized to con­ Wisconsin, and Wyoming. before Examiner Raymond V. Sar. duct operations in Kansas, Arkansas, Wednesday, November 25, 1959 FEDERAL REGISTER 9497

Colorado, Illinois, Iowa, Louisiana, Min­ east 30th Street, Des Moines, Iowa. Au­ braska, Kansas, Colorado, Texas, and nesota, Missouri, Montana, Nebraska, thority sought to operate as a common Oklahoma. New Mexico, Oklahoma, South Dakota, carrier, by motor vehicle, over irregular HEARING: January 26, 1960, at the Texas, Utah, Wyoming, North Dakota, routes, transporting: Petroleum and pe­ Hotel Lassen, Wichita, Kans., before Ex­ Wisconsin, and Indiana. troleum products, in bulk, in tank ve­ aminer Harry Ross, Jr. No. MC 110420 (Sub No. 242), filed N ote: Applicant states that the proposed hicles, from points in Harrison County, operations will be conducted under a con­ Mo., to points in Iowa, Kansas, Missouri, October 14, 1959. Applicant: QUALITY tinuing contract with the Buick-Oldsmobile- and Nebraska. Applicant is authorized CARRIERS, INC., Calumet Street, Bur­ Pontiac Assembly Division, General Motors to conduct operations in Arkansas, Colo­ lington, Wis. Applicant’s attorney: Corporation, Detroit, Mich. rado, Illinois, Indiana, Iowa, Kansas, Paul F. Sullivan, Sundial House, 1821 HEARING: January 19, 1960, at the Kentucky, Louisiana, Michigan, Minne­ Jefferson Place NW „ Washington 6, D.C. New Hotel Pickwick, Kansas City, Mo., sota, Missouri, Nebraska, North Dakota, Authority sought to operate as a com­ before Examiner Harry Ross, Jr. Ohio, Oklahoma, Pennsylvania, South mon carrier, by motor vehicle, over No. MC 107107 (Sub No. 125), filed Dakota, Texas, and Wisconsin. irregular routes, transporting: (1) September 8, 1959. Applicant: ALTER- HEARING: January 19, I960, at the Vegetable oils, in bulk, in tank vehicles, MAN TRANSPORT LINES, INC., P.O. Rome Hotel, Omaha, Nebr., before Ex­ from St. Joseph, Mo., to points in Kan­ Box 65, Allapattah Station, Miami 42, aminer Raymond V. Sar. sas, Nebraska and Iowa. (2) Gluconic Fla. Applicant’s attorney: Frank J3. No. MC 109385 (Sub No. 28), filed Sep­ acid, in bulk, in tank vehicles, from Hand, Jr., 522 Transportation Building, tember 11, 1959. Applicant: SUBLER Newaygo, Mich., to New Orleans, La. Washington 6, D.C. Authority sought to TRANSFER, INC., East Main Street, (3) Latex emulsion, in bulk, in tank operate as a common carrier, motor ve­ Box 5, Versailles, Ohio. Applicant’s at­ vehicles, from Rin'gwood, 111., to points hicle over irregular routes, transporting: torney: Taylor C. Bumeson, 3430 Le in Minnesota, Indiana, Michigan, Penn­ (1) Meats, meat products and meat "by­ Veque-Lincoln Tower, Columbus 15, sylvania, Ohio, Iowa, and Wisconsin. (4) in bulk, in tank products, and (2) articles distributed by Ohio. Authority sought to operate as a Liquid adhesives, meat packing houses, as defined by the common or contract carrier, by motor vehicles, from Chicago, 111., to Denver, Commission, from Saint Joseph, Mo., to vehicle, over irregular routes, transport­ Colo. (5) Core oil, in bulk, in tank points in Florida. Applicant is author­ ing: Glass, from Kingsport, Tenn., and vehicles, from Mishawaka, Ind., to Be- ized to conduct operations in Alabama, points in Pennsylvania and West Virginia midji, Minn., and Milwaukee, Wis. (6) Arkansas, Connecticut, Delaware, Flor­ to points in Wisconsin. Applicant is au­ Caramel coloring, in bulk, in tank vehi­ ida, Georgia, Illinois, Indiana, Iowa, thorized to conduct operations in Con­ cles; from Keokuk, Iowa, to points in Kansas, Kentucky, Louisiana, Maine, necticut, Delaware, Illinois, Indiana, New Jersey, Tennessee, Pennsylvania, Maryland, Massachusetts, Michigan, Kentucky, Maryland, Massachusetts, New York, and Maryland. Applicant is Minnesota, Mississippi, Missouri, Ne­ Michigan, Missouri, New Jersey, New authorized to conduct operations in Ala­ braska, New Jersey, New York, North York, Ohio, Pennsylvania, Rhode Island, bama, Arkansas, Colorado, Florida, Carolina, North Dakota, Ohio, Okla­ Virginia, West Virginia, Wisconsin, and Georgia, Illinois, Indiana, Iowa, Kansas, homa, Pennsylvania, Rhode Island, the District of Columbia. Kentucky, Louisiana, Maryland, Massa­ chusetts, Michigan, Minnesota, Mis­ South Carolina, South Dakota, Tennes­ N ote : A proceeding has been instituted un­ see, Texas, Vermont, Virginia, West Vir­ der section 212(c) in No. MC 109385 (Sub No. sissippi, Missouri, Nebraska, New York, ginia, Wisconsin, and the District of 16) to determine whether applicant’s status North Dakota, Ohio, Oklahoma, Penn­ Columbia. is that of a common or contract carrier. sylvania, South Dakota, Tennessee, Texas, Virginia, West Virginia, and HEARING: January 19, 1960, at the HEARING: January 20, 1960, in the New Hotel Pickwick, Kansas City, Mo., Wisconsin Public Service Commission, Wisconsin. before Examiner Harry Ross, Jr. Madison, Wis., before Examiner Allan Note: Common control may be Involved. No. MC 107107 (Sub No. 131), filed F. Borroughs. HEARING: January 14, 1960, in Room September 14,1959. Applicant: ALTER- No. MC 110064 (Sub No. 3), filed Au­ 852, U.S. Custom House, 610 South Canal MAN TRANSPORT LINES, INC., P.O. gust 28, 1959. Applicant: A. W. STUR­ Street, Chicago, 111., before Examiner Box 65, Allapattah Station, 2424 North­ GEON AND HARRY MEEKER, doing Allan F. Borroughs. west 46th Street, Miami, Fla.- Appli­ business as STURGEON & MEEKER, No. MC 111812 (Sub No. 90), filed Oc­ cant’s attorney: Frank B. Hand, Jr., 522 P.O. Box 3184, Wichita, Kans. Appli­ tober 19, 1959. Applicant: MIDWEST Transportation Building, Washington 6, cant’s attorney: John E. Jandera, 641 COAST TRANSPORT, INC., Wilson D.C. Authority sought to operate as a Harrison Street, Topeka, Kans. Author­ Terminal Building, P.O. Box 747, Sioux common carrier, by motor vehicle, over ity sought to operate as a contract car­ Falls, S. Dak. Applicant’s attorney: irregular routes, transporting: Meat, rier, by motor vehicle over irregular Donald Stem, 924 City National Bank meat products, meat by-products and routes, transporting: (1) Wheat bran, Building, Omaha, Nebr. Authority articles distributed by meat packing wheat mixed feed, wheat standard mid­ sought to operate as a common carrier, houses, from Fort Atkinson, Wis. to dlings, wheat gray short, feed ingredi­ by motor vehicle, over irregular routes, points in North Carolina, South Caro­ ents and flour, in bags and in bulk, from transporting: Fresh poultry, and frozen lina, Georgia, and Alabama. Applicant points in McPherson, Reno, Kingman, foods, from Quincy, 111., to points in Ore­ is authorized to conduct operations in Harper, Sumner, Cawley, Sedgwick, But­ gon and Washington; and meats, pack­ Alabama, Arkansas, Connecticut, Dela­ ler, Haryey, Marion, Chase, Greenwood, inghouse products, and commodities ware, Florida, Georgia, Illinois, Indiana, Chautauqua, and Rice Counties, Kans., used by packing houses, as described in Iowa, Kansas, Kentucky, Louisiana, to points in Arkansas, California, Ari­ Appendix I to the report in Descriptions Maine, Maryland, Massachusetts, Mich­ zona, New Mexico, Texas, Louisiana, Ok­ in Motor Carrier Certificates, 61 M.C.C. igan, Minnesota, Mississippi, Missouri, lahoma, Mississippi, Georgia, Florida, 209, 766, from Chicago, 111., to points in Nebraska, New Jersey, New York, North and Tennessee: (2) cotton seed products, Washington, Idaho, Montana, and Ore­ Carolina, North Dakota, Ohio, Okla­ feed ingredients and dry fertilizer, in gon. Applicant is authorized to conduct homa, Pennsylvania, Rhode Island, bags and in bulk, from points in Texas operations in South Dakota, Washing­ South Carolina, South Dakota, Tennes­ to points in Kansas and Oklahoma; (3) ton, Oregon, Minnesota, Iowa, Utah, see, Texas, Vermont, Virginia, West Vir­ California, Nebraska, Nevada, North Da­ ginia, Wisconsin, and the District of cotton seed products, soybean products', feed ingredients and dry fertilizer, in kota, Montana, Idaho, Maine, New Columbia. Hampshire, Vermont, Massachusetts, bags and in bulk, (a) from points in HEARING: January 20, 1960, in the Rhode Island, Connecticut, New "Jersey, Wisconsin Public Service Commission, Arkansas to points in Oklahoma, Kansas, New York, Pennsylvania, Delaware, Madison, Wis., before Examiner Allan F. Arizona, and California; (b) from points Maryland, Michigan, Ohio, Virginia, Borroughs. in Oklahoma to points in Kansas; (c) West Virginia, and the District of No. MC 107496 <&Ub No. 148), filed from points in Kansas to points in Okla­ Columbia. October 12, 1959. Applicant: RUAN homa, Arizona, Arkansas, Texas, Cali­ HEARING: January 12,1960, in Room TRANSPORT CORPORATION, 408 SE. fornia, Florida, Mississippi, Georgia, and 852, U.S. Custom House, 610 South Canal 30th Street, Des Moines 4, Iowa. Appli­ New Mexico. Applicant is authorized to Street, Chicago, 111., before Examiner cant’s attorney: H. L. Fabritz, 408 South- conduct operations in Missouri, Ne- Allan F. Borroughs. No. 230------5 9498 NOTICES

No. MC 112020

N ote: Dual operations or common, con­ 19, 1959, and republished Issue of No­ of lading or express receipt covering, In trol may be involved. The above transpor­ vember 4, 1959. Applicant: BLUE BUS tation will be performed under a continuing addition to a motor carrier movement contract with Missouri Portland Cement LINES, a corporation, 50 North Johnson by applicant, an immediately prior or Company, St. Louis, Mo. Avenue, Trenton, N.J. Applicant’s rep­ immediately subsequent movement by resentative: Edward F. Bowes, 1060 rail or air. 3. Such further specific con­ HEARING: January 4, I960, at the Broad Street, Newark, N.J. Authority ditions as the Commission, in the future, New Hotel Pickwick, Kansas City, Mo., sought to operate as a common carrier, may find necessary to impose in order to before Examiner Raymond V. Sar. by motor vehicle, over regular routes, restrict applicant’s operations to service No. MC 110162, filed August 17, 1959. transporting: Passengers and their bag­ which is auxiliary to, or supplemental Applicant: RUAN TRANSPORT COR­ gage, and express, newspapers and mail, of, air or rail express service of appli­ PORATION OF CHANUTE, an Iowa cor­ in the same vehicle with passengers, be­ cant. Applicant is authorized to con­ poration, 408 Southeast 30th Street, Des tween Stockton, N.J., and Philadelphia, duct operations throughout the United Moines, Iowa. Applicant’s attorney: Pa., from Stockton over New Jersey States. Henry L. Fabritz, P.O. Box 855, Des Highway 29 to junction U.S. Highway No. MC 69635 (Sub No. 3) filed No­ Moines, Iowa. Authority sought to op­ 202 Lambertville, thence over U.S. High­ vember 12, 1959. Applicant: SNOHO­ erate as a contract carrier, by motor way 202 through New Hope, Pa., to junc­ MISH AUTO FREIGHT CO., ING, 113 vehicle, over irregular routes, transport­ tion of Pennsylvania Highway 263 at Avenue D, Snohomish, Wash. Appli­ ing: Cement, in bulk, in bags and in Buckingham, thence over Pennsylvania cant’s attorney: George H. Hart, packages, from the plant site of the Ash Highway 263 through Furlong, Jameson Central Building, Seattle 4, Wash. Au­ Grove Lime and Portland Cement Com­ and Hatboro to junction U.S. Highway thority sought to operate as a common pany in or near Chanute, Kans., to points 6 1 1 , at Willow Grove, thence over U.S. carrier, by motor vehicle, over irregular in Arkansas, Kansas, Missouri, Okla­ Highway 611 through Jenkintown to routes, transporting: General commod­ homa, and Texas, and rejected and re­ Philadelphia, Pa., and return over the ities, except those of unusual value, turned shipments of cement on return. same route, serving all* intermediate Classes A and B explosives, household Note: Applicant states that the above points, except service is restricted to goods as defined by the Commission, transportation will be performed under a traffic originating at, or destined to, commodities in bulk, and those requiring continuing contract with the above named points in New Jersey between Washing­ special equipment, serving as off-route company of Kansas City, Mo. ton Crossing and Stockton, N.J., on Blue points those points in Snohomish N ote: Dual operations or common control Bus Lines’ existing route between Tren­ may be involved. County, Wash., within 15 miles of Wash­ ton, N.J., and New Hope, Pa. Applicant ington Highway 15 (U.S. Highway 2) be­ HEARING: January 4, 1960, at the is authorized to conduct operations in tween Snohomish, Wash., and a ski lodge New Hotel Pickwick, Kansas City, Mo., New Jersey and Pennsylvania. located at the summit of Stevens Pass, 12 before Examiner Rayniond V. Sar. HEARING: Remains as assigned No­ miles east of Scenic, Wash., in connection No. MC 119248, filed October 7, 1959. vember 30, 1959, at Lambertville House, with applicant’s authorized . regular Applicant: CLAYTON H. TEN PAS, Lambertville, N.J., before Jointr Board route operations between Seattle and doing business as C. H. TEN PAS No. 67, of, if the Joint Board waives Skykomish, Wash., between Everett and TRANSPORT, 434 Fremont Street, its right to participate, before Examiner Snohomish, Wash., and between Sky­ Plymouth, Wis. Applicant’s attorney: Herbert L. Hanback. C^.. komish, Wash., and the above-specified Mooney & Mooney, 402 East Mill Street, A pplications i n W h ic h H a n d l in g W i t h ­ ski lodge. Applicant is authorized to Plymouth, Wis. Authority sought to op­ conduct operations in Washington. o u t O ral H ear in g Is R e q uested erate as a contract carrier, by motor No. MC 96803 (Sub No. 2) filed No­ vehicle, over irregular routes, transport­ MOTOR CARRIERS OF PROPERTY vember 12, 1959. Applicant: PRICH­ ing: Manufactured paper products, No. MC 66562 (Sub No. 1589), filed ARD TRANSFER, INC., P.O. Box 690, cardboard containers and tubes, and November 12, 1959. Applicant: RAIL­ Price, Utah. Applicant’s attorney: Fred containers with metal bottoms, from WAY EXPRESS AGENCY, INCOR­ L. Finlinson,, Kearns Building, Salt Lake Plymouth, Sheboygan County, Wis., to PORATED, 219 East 42d Street, New City 1, Utah. Authority sought to op­ points in Illinois, Indiana, Iowa, Min­ York 17, N.Y. Applicant’s attorney: erate as a common carrier, by motor nesota, and Ohio, and cardboard, paper, Robert C. Boozer, Railway Express vehicle, over irregular routes, transport­ in rolls, sheet metal, and used cartons on Agency, Incorporated, 1220 The Citizens ing: Soda ash, in bulk on traffic origi­ return movements. & Southern National Bank Building, nating outside Utah, from railheads at HEARING: January 21, 1960, in the Atlanta 3, Ga. Authority sought to op­ Thompson and Brendel, Utah, to Ura­ Wisconsin Public Service Commission, erate as a common carrier, by motor nium Reduction Mill of the Uranium Re­ Madison, Wis., before Examiner Allan vehicle, over regular routes, transport­ duction Co., located approximately three F. Borroughs. ing : General commodities, including (3) miles north of Moab, Utah, and empty containers or other such inciden­ MOTOR CARRIERS OF PASSENGERS Classes A and B explosives, but exclud­ ing commodities in bulk, moving in ex­ tal facilities used in transporting soda No. MC 97549 (Sub No. 5), filed Sep­ press service, (1) between Elba, Ala., and ash, on return. Applicant is authorized tember 8, 1959. Applicant: JOHN G. Abbeville, Ala., from Elba over U.S. to conduct operations under the Second RUTZ, doing business as STAR BUS Highway 84 through New Brockton, Ala., Proviso of section 206(a) (1) in the State LINE, 1422 Broadway Avenue, Scotts- to Enterprise, Ala., thence over Alabama of Utah, in No. MC 96803. bluff, Nebr. Authority sought to operate Highway 134 through Daleville, Ala., to N ote : Applicant indicates the proposed as a common carrier, by motor vehicle, junction U.S. Highway 231, thence over operations will be conducted over U.S. High­ over regular routes, transporting: Pas­ U.S. Highway 231 to Dothan, Ala., thence ways 0, 50 and 160. sengers and their baggage, and express, north over U.S. Highway 431 through No. MC 109637 (Sub No. 139), filed No­ mail and newspapers in the same vehicle Headland, Ala., to Abbeville, and return vember 12, 1959. Applicant: SOUTH­ with passengers, between Scottsbluff, over the same route, serving the inter­ ERN TA N K LINES, INC., 4107 Bells Nebr., and Kimball, Nebr., over Nebraska mediate points of New Brockton, Enter­ Lane, Louisville 11, Ky. Applicant’s Highway 29, serving the intermediate prise, Daleville, Dothan and Headland, representative: H. N. Nunnally, 4107 point of Gering. Applicant is authorized Ala. (2) Between Headland, Ala., and Bells Lane, Louisville 11, Ky. Authority to conduct operations in Nebraska and junction Alabama Highway 136 and Wyoming. sought to operate as a common carrier, U.S. Highway 231 at Midland City, Ala., by motor vehicle, over irregular routes, HEARING: January 27, 1960, at the over Alabama Highway 136, serving all transporting: Flavoring syrups (liquid Nebraska State Railway Commission, intermediate points. Applicant indi­ flavoring compounds), in bulk, in tank Capitol Building,.Lincoln, Nebr., before cates the following Restrictions: 1. The vehicles, from Cincinnati, Ohio, to Joint Board No. 93, or, if the Joint Board service to be performed by applicant Peekskill, N.Y. Applicant is authorized waives its right to participate, before shall be limited to service which is aux­ to conduct operations in Alabama, Flor­ Examiner Raymond V. Sar. iliary to, or supplemental of, air or rail ida, Georgia, Illinois, Indiana, Iowa, No. MC 110306 (Sub No. 2), (CLARI- > express service of applicant. 2. Ship­ Kentucky, Louisiana, Michigan, Minne­ FIC ATIO N ), filed March 27, 1959, pub­ ments transported by applicant Shall be sota, Mississippi, Missouri, New York, lished F ederal R egister issue of August limited to those moving on a through bill North Carolina. Ohio. South Carolina, ■ m *•- ■ p || ■ - : \ ; m ■ Wednesday, November 25, 1959 FEDERAL REGISTER 9501

Tennessee, Texas, Virginia, West Vir­ State line at U.S. Highway 221, and ex­ tions 5(a) and 210a(b) of the Interstate ginia, and Wisconsin. tending along said highway, through Commerce Act and certain other pro­ No. MC 11X671 (Sub No. 6), filed Oc­ Rutherfordtown, Thermal City, Marion ceedings with respect thereto (49 CFR tober 29, 1959. Applicant: K-C RE­ and Ashford, N.C.; to junction North 1.240). FRIGERATION TRANSPORT COM­ Carolina Highway 194 near Linville Falls, MOTOR CARRIERS OF PROPERTY PANY, INC., 96 Garner Street, P.O. Box thence along North Carolina Highway 46, Cohoes, N.Y. Authority Sought to 194 to Ingalls, and thence along U.S. No. M C-F 7360 (correction), published operate as a contract carrier, by motor Highway 19E, through Minneapolis and in the November 11, 1959, issue of the vehicle, over irregular routes, transport­ Elk Park, N.C., to the North Carolina- Federal Register on page 9229. The ing: Meats, meat products, meat by­ Tennessee State line. address of EUGENE PIKO VSK Y should have been shown as 2600 University Ave­ products and dairy products, as listed in N ote: Applicant indicates the proposed op­ Sections A and B of Appendix I to the eration will be under contract with Key- nue SE., Minneapolis, Minn. The appli­ report in Descriptions in Motor Carrier James Brick Company, Chattanooga, Tenn. cation is for control by EUGENE PI­ Certificates, 61 M.C.C. 209 and 766, from Applicant states the above-described terri­ KOVSKY of the operating rights and Cohoes, N.Y., to Rutland, Swanton, St. tory is beyond a radius of 65 miles of Chat­ property of FREIGHT TRANSIT COM­ Albans and Burlington, Vt., and points tanooga; that he does n o t seek authority PANY through stock ownership, and under (2) above to transport from Chatta­ in Schenectady and Schoharie Counties, concurrent purchase by him of such nooga to points in the named States which rights and property. N.Y., with authority to interchange traf­ are within 65 miles of Chattanooga. fic at Cohoes, and return shipments of No. MC-F 7362 (correction) (ONEIDA the above-described commodities on re-v MOTOR CARRIERS OF PASSENGERS MOTOR FREIGHT, INC.—CONTROL turn. Applicant is authorized to con­ No. MC 3647 (Sub No. 271), filed No­ AND MERGER—MONARCH MOTOR duct operations in New York, Connect­ vember 12, 1959. Applicant: PUBLIC FREIGHT LINES, INC.), published in icut, and Massachusetts. SERVICE v COORDINATED TRANS­ the November 18, 1959, issue of the Fed­ PORT, a corporation, 180 Boyden Ave­ eral Register on page 9324. The ad­ N ote: A proceeding has been instituted dress of MONARCH MOTOR FREIGHT under section 212(c) of the Interstate Com­ nue, Maplewood, N.J. Applicant’s attor­ merce Act to détermine whether applicant’s ney: Richard Fryling (same address as LINES, INC., should have been shown as status is that of a contract or common car­ applicant). Authority sought to operate 225 Parkhurst Street, Newark, N.J. rier in No. MC 111671 (Sub No. 4). as a common carrier, by motor vehicle, No. M C-F 7366. Authority sought for over irregular routes, transporting: Pas­ purchase by C. M. LANG AND C. R. No. MC 116938 (Sub No. 3), filed No­ GIVENS, doing business as LANG vember 16, 1959. Applicant: FRANK sengers and their baggage, in the same vehicle with passengers, in round trip TRANSÎT COMPANY, 38th and Quit BEATY, Route 2, Manchester, Tenn, Avenue, P.O. Box 1625, Lubbock, Tex., of Applicant’s attorney. Blaine Buchanan, special operations, seasonal during the racing seasons, beginning and ending at a portion of the operating rights of L. S. 1024 James Building, Chattanooga 2, JACKSON, doing business as HUB Tenn. Authority sought to operate as a Bloomfield, N.J., and extending to Bowie Race Track, Bowie, Md., Laurel Race MOTOR UNES, 600 North Roberts, P.O. contract carrier, by motor vehicle, over Box 968, Amarillo, Tex. Applicants’ at­ irregular routes, transporting: Uncrjtted Track, Laurel, Md., Pimlico Race Track, Baltimore, Md., and Delaware Park Race torney: Joe T. Lanham, 1009 Perry- briek, (1) from Birmingham, Ala., and Brooks Building, Austin, Tex. Operat­ points within ten miles thereof, to Chat­ Track, Stanton, Del. Applicant is authorized to conduct operations in New ing rights sought to be transferred: tanooga, Term.; and (2) from Chatta­ General commodities, excepting, among nooga, Tenn., to (a) points in Tennessee York, New Jersey, Pennsylvania, Vir­ ginia, and the District o f Columbia. others, household goods and commodities on and east of a line beginning at the in bulk, as a common carrier over regular Alabama-Tennessee State line at Ten­ Note: Applicant states it desires to operate routes between Amarjilo, Tex., and nessee Highway 13, and extending along the proposed service to these tracks in con­ junction U.S. Highway 87 and unnum­ said highway, through Collingwood, nection with its authorized operations in Certificate No. MC 3647 Sub No. 235. bered highway 5 miles south of Canyon, Waynesbqro, Linden, Waverly, Cunning­ Tex., between junction Texas Highway ham, Clarkesville, and Sadlersville, No. MC 3647 (Sub No. 272), filed N o '- 86 and unnumbered highway one mile Tenn., to the Tennessee-Kentucky State vember 17, 1959. Applicant: PUBLIC south of Nazareth, and Earth, Tex., be­ line; (b) points in Alabama on and north SERVICE COORDINATED TRANS­ tween junction U.S. Highway 87 and un­ of a line beginning at the Alabama- PORT, a corporation, 180 Boyden Avenue, numbered highway 5 miles south of Georgia State line at U.S. Highway 80, Maplewood, N.J. Applicant’s attorney: Canyon, Tex., and junction Texas High­ ancT extending along said highway, Richard Fryling (same address as ap­ way 86 and unnumbered highway one through Phénix City, Marvyn, Tuskegee, plicant) . Authority sought to operate as mile south of Nazareth, Tex., between and Mt. Meiga,'Ala., to Montgomery, a common carrier, by motor vehicle, over Earth, Tex., and Muleshoe, Tex., be­ Ala., thence along U.S. Highway 82, irregular routes, transporting: Passen­ tween Springlake, Tex., and Littlefield, through Prattville, Lawley, Centerville, gers and their baggage, in the same vehi­ Tex., and between Levelland, Tex., and Duncanville, Tuscaloosa, Reform, and cle with passengers, in round trip, spe­ Littlefield, Tex., serving certain inter­ Stafford Ala., to the Alabama-Mississippi cial operations, seasonal during the mediate' points; alternate route for State line; (c) points in Georgia on and racing seasons, beginning and ending at operating convenience only between north of a line beginning at the Alabama- 69th Street Terminal, West Chester Tulia, Tex., and Olton, Tex. RESTRIC­ Georgia State line at U.S. Highway 80, Turnpike, Upper Darby, Pa., and ex­ TION: The authority authorized in the and extending along said highway, tending to (1) Brandywine Raceway, first two routes above is subject to the through Columbus and Upatoj, Ga., to Brandywine Hundred, New Castle condition that there shall be no inter­ Geneva, Ga., thence along Georgia High­ County, Del., (2) Delaware Park Race change of traffic moving between Am­ way 96, through Butler, to Reynolds, Track, Stanton, Del., (3) Pimlico Race arillo and Lubbock, Tex. Vendee is au­ thence along Georgia Highway 128 to Track, Bailtmore, Md., (4) Laurel Race thorized to operate as a common carrier Roberta, thence along U.S. Highway 80, Track, Laurel, Md., (5) Bowie Race in Texas and New Mexico. Application through Knoxville and Lizella to junc­ Track, Bowie, Md., and (6) Charles has been filed for temporary authority tion Georgia Highway 57, near Macon, Town Race Tracks, Charles Town, W. Va., under section 210a(b). Ga., thence along Georgia Highway 57, serving no intermediate points. Appli­ No. M C-F 7367. Authority sought for through Irwinton, Wrightsville and Kite, cant is authorized to conduct operations purchase by COOPER-JARRETT, INC., Ga., to Swainsboro, thence along Georgia in New Jersey, New York, Virginia, Penn­ 2113 West 73d Street, Chicago 36, HI., of Highway 56, through Summertown, to sylvania, and the District of Columbia. a portion of the operating rights of junction Georgia Highway 17 at or near ADOLPH H. NIELSEN, SARA NIELSEN, Applications U nder Sections 5 and Midville, thence along Georgia Highway AND ADOLPH J. NIELSEN, doing busi­ 210a(b) 17 to Millen, thence along Georgia High­ ness as NIELSEN BROS. CARTAGE way 21 to Sylvania, and thence along'U.S. The following applications are gov­ COMPANY, 4619 West Armitage, Chi­ Highway 301 to the Georgia-South Caro­ erned by the Interstate Commerce Com­ cago 39, HI., and for acquisition by GUY lina State line; and (d) points in North mission’s special rules governing notice D. COOPER, 2113 West 73d Street, Chi­ Carolina on and west of a line beginning of filing of applications by motor car­ cago, 111., and R. D. COOPER, JR., 100 at the South Carolina-North Carolina rier of property or passengers under sec- Water Street, Jersey City, N.J., of control 9502 NOTICES

of such rights through the purchase. the territories or possessions of the business connections as heretofore re­ Applicants’ attorneys: Axelrod, Good-» United States; operations under the ported and published (20 F.R. 10086; 21 man & Steiner, 39 South LaSalle Street, Second Proviso of Section 206(a) (1) of F.R. 3475; 21 F.R. 9198; 22 F.R. 3777; Chicago 3, 111. Operating rights sought the Interstate Commerce Act covering 22 F.R. 9450; 23 F.R. 3798; 23 F.R. 9501; to be transferred: General commodities, the transportation of property in the and 24 F.R. 4187) during the six months’ excepting, among others, household State of California as more specifically period ended November 10, 1959, goods and commodities in bulk, as a described in Dockets Nos. MC 71459 Sub Nothing to report. common carrier over irregular routes,' 10, MC 71459 Sub 11 and MC 71459 between Chicago, HI., on the one hand, Sub 12. SOUTHERN CALIFORNIA Dated: November 10, 1959. and, on the other, points in Illinois FREIGHT LINES, LTD., holds no [ s e a l ] Eu g e n e S. R o o t . within 45 miles of Chicago.' Vendee is authority from this Commission. How­ authorized to operate as a common car­ ever, its controlling stockholder, CAR- [FJt. Doc. 59-9961; Filed, Nov. 24, 1959; rier in Illinois, Missouri, New York, New ROLL J. ROUSH, is affiliated with 8:47 a.m.] Jersey, Connecticut, Ohio, Pennsylvania, OREGON-NEVADA-C ALIFORNIA FAST Rhode Island, Nebraska, Massachusetts, FREIGHT, INC., which is authorized to Iowa, Maryland, Indiana, and Delaware. operate as a common carrier in Oregon, Application has not been filed for tem­ California, Nevada, and Washington, KEITH H. LYRLA porary authority under section 210a(b). Application has not been filed for tem­ Statement of Changes in Financial i No. M C-P 7368. Authority sought for porary authority under section 210a (b ). merger into SOUTHERN CALIFORNIA No. MC-F 7370. Authority sought for Interests FREIGHT LINES, LTD., 1650 Industrial purchase by W. A. LARMORE, INC., 200 Pursuant to subsection 302(c)’, Part Road, San Carlos, Calif., of the operating Maryland Avenue, Wilmington 4, Del., H I, Executive Order 10647 (20 F.R. 8769) rights and property of SOUTHERN of the operating rights and property of “Providing for the Appointment of Cer­ CALIFORNIA FREIGHT LINES, 1650 W ILLIAM A. LARMORE (E. MAE LA R ­ tain Persons under the Defense Produc­ Industrial Road, San Carlos, Calif., and MORE, EXECUTRIX), 200 Maryland tion Act of 1950, as amended” , I hereby for acquisition by CARROLL J. ROUSH, Avenue, Wilmington 4, Del., and for furnish for filing with the Division of the also of San Carlos, of control of such acquisition by E. MAE LARMORE, W IL­ Federal Register for publication in the rights and property through the trans­ LIAM A. LARMORE, JR., and JEAN M. F ederal R egister the following infor­ action. Applicants’ attorneys: John R. LARMORE, all of Wilmington, of con­ mation showing any changes in my Turney and James F. Neal, both of 2001 trol of such rights and property through financial interests and business connec­ Massachusetts Avenue NW., Washington, the purchase. Applicants’ representa­ tions as heretofore reported and pub­ D.C. Operating rights sought to be tive: William A. Larmore, Jr., Vice- lished (20 F.R. 10086; 21 F.R. 3475; 21 merged: General commodities, except President, W. A. Larmore, Inc., 200 Mary­ F.R. 9198; 22 F.R. 3777; 22 F.R. 9450;; those of unusual value, household goods land Avenue, Wilmington 4, Del. Oper­ 23 F.R. 3798; 23 F.R. 9501; 24 F.R. 4187)] as defined by the Commission, petroleum ating rights sought to be transferred: during the six months’ period ended products in bulk, commodities requiring Household goods, as defined by the Com­ November 14, 1959. special equipment, and those injurious mission, as a common carrier, over None. or contaminating to other lading, as a irregular routes, between points in Penn­ common carrier over regular routes in­ sylvania, Maryland, and New Jersey Dated:’ November 14, 1959. cluding routes between Los Angeles within 30 miles of Wilmington, Del., [ s e a l ] K e it h H . L y r l a . Harbor, Calif., and the boundary of the and those in Kent and New Castle Coun­ ; United States and Mexico, between [F.R. Doc. 59-9962; Filed, Nov. 24, 1959;. ties, Del., on the one hand, and, on the ‘ 8:48 a.m.] Escondido, Calif., and Riverside, Calif., other, points in Pennsylvania, New Jer­ ¡between Oceanside, Calif., and Vista, sey, New York, Connecticut, Rhode Calif., between San Diego, Calif., and Island, Massachusetts, New Hampshire, the California-Arizona State line, be­ Maryland, Virginia, North Carolina, [Notice 105] tween Potrero, Calif., and the boundary Georgia, Florida, Mississippi, and the of the United States and Mexico, between District of Columbia. Vendee holds no MOTOR CARRIER ALTERNATE ROUTE Calipatria, Calif:, and the boundary of authority from this Commission. How­ DEVIATION NOTICES the United States and Mexico, between ever, it is affiliated with UNITED VAN N ovember 20,1959. Los Angeles, Calif., and Oasis, Calif., LINES, INC., which is authorized to between San Bernardino, Calif., and operate as a common carrier in all States The following letter-notices of pro­ Idyllwild, Calif., between Olinda, Calif., in the United States and, the District of posals to operate over deviation routes and La Habra, Calif., between Los Columbia. Application has not been for operating convenience only with Angeles, Calif., and Yorba Linda, Calif., filed for temporary authority under sec­ service at intermediate points have been between Los Angeles, Calif., and Olive, tion 210a(b). filed with the Interstate Commerce Com­ Calif., between Los Angeles, Calif., and mission, under the Commission’s Devia­ El Toro, Calif., between Orange, Calif., By the Commission. tion Rules Revised, 1957 (49 CFR 211 .1 and El Modena, Calif., and between [ s e a l ] H arold D. M cC o y , (c)(8 )) and notice thereof to all inter­ Santa Ana, Calif., and Santa Monica, Secretary. ested persons is hereby given as provided Calif., serving certain intermediate and in such rules (49 CFR 211.1(d) (4) ). [F.R. Doc. 59-9960; Filed, Nov. 24, 1959; Protests against the use of any pro­ off-route points; general commodities 8:47 a.m.] (moving on Government bills of lading), posed deviation route herein described excepting, among others, household goods may be filed with the Interstate Com­ and commodities in bulk, from Los merce Commission in the manner and Angeles, Calif., to Port Chicago, Calif., EUGENE S. ROOT form provided in such rules (49 CFR and from Port Hueneme, Calif., to Nebo 2 11 .1 (e) ) at any time but will not operate to stay commencement of the proposed and West Yermo, Calif., serving certain Statement of Changes in Financial intermediate and off-route points; gen­ operations unless filed within 30 days eral commodities, except those of un­ Interests from the date of publication. usual value and household goods as Pursuant to subsection 302 (cT, Part Successively filed letter-notices of the defined by the Commission, over an III, Executive Order 10647 (20 F.R. same carrier under the Commission’s alternate regular route for operating 8769) “Providing for the Appointment of Deviation Rules Revised, 1957, will be convenience only between Los Angeles, Certain Persons under the Defense numbered consecutively for convenience Calif., and El Centro, Calif., serving no Production Act of 1950, as amended”, I in identification and protests if any intermediate points; class A, B, and C hereby furnish for filing with the Divi­ should refer to such letter-notices by number. explosives, moving on Government bills sion of the Federal Register for publica­ of lading, over irregular routes, from tion in the F ederal R e g ister the M otor C arriers o f P r o p e r t y Fallbrook, Calif., to Port Chicago, Calif., following information showing any No. MC-108185 (Deviation No. 2), restricted to traffic moving to or from changes in my financial interests and DIXIE HIGHWAY EXPRESS, INC., Wednesday, November 25, 1959 FEDERAL REGISTER 9503

P.O. Box 631, Meridian, Miss., filed May the same route, for operating conven­ Birmingham, Ala., and thence over U.S. 12, 1958. Carrier proposes to operate as ience only, serving no intermediate Highway 31 to Columbia. a common carrier by motor vehicle of points. The notice indicates that the By the Commission. general commodities, with certain ex­ carrier is presently authorized to trans­ ceptions, over a deviation route, between port the same commodities between [seal] Harold D. McCoy, Tuscaloosa, Ala., and Columbia, Tenn., Tuscaloosa, Alar., and Columbia, Tenn., Secretary. as follows: from Tuscaloosa over U.S. over the following pertinent route: from [F.R. Doc. 59-9959; Filed, Nov. 24, 1959; Highway 43 to Columbia and return over Tuscaloosa over U.S. Highway 11 to 8:47 a.m.]

CUMULATIVE CODIFICATION GUIDE— NOVEMBER A numerical list of parts of the Code of Federal Regulations affected by documents published to date during November. Proposed rules, as opposed to final actions, are identified as such. 3 CFR Page 7 CFR— Continued Page 12 CFR Page Proclamations: 952 ______9047 541______9233 2112______9389 953 __ 8934,9080,9261, 9385 544 ______8971 3324 ______8961 954 ______9047 545 ______9049, 9233 3325 ______9185 955 ______9305 555______9415 Executive orders: 956___—__. ______9047 561______9050 Apr. 3, 1847______9389 958 ______9048 570______9417 Dec. 9, 1852______9389 959 ______9362 Proposed rules: July 9, 1875______9219 963______9047 545_____ 9402 May 4, 1907______9474 965—968— ______9047 10355______9219 969______9123, 9262, 9385 13 CFR 10787______*______9488 971— 972— ______9047 121______.______,...... 9329 5 CFR 974—978— ,______9047 Proposed rules: 980______;______9017 121______9347 6 -______9124, 982______9047 14 CFR 9185, 9187,9303, 9327, 9359, 9383 984______9262 20______—— ______9362 24______„ ______9076 ______9047 985—988__ 42______— ____ _— ____ _ 9365 325______9255 991______9047 601___ 8921 43 ______9418 9S4—995— ______9047 60______8928 997 ______9123 6 CFR 399______8996 998 ______9047 331_____ I______9257, 9362, 9465 401______8996 1000— 341____ 9413 ______9047 507______8928,8971, 9076,9386, 9419 1002______9047 361______:______9071 514______9262 1004 _ „______9047 364_____ :______;c______9327 600— _____ ■__ 8929, 9188-9190, 9305, 9306, 1005 ______9047, 9468 366______9071, 9074 9330, 9365, 9366, 9419, 9465, 9467 1008— 1009. ____ 9047 421______—______9187, 9327, 9383 601 ______8929, 9189-9191,9305, 1011— 1014. 443______9039 ______9047 9306, 9330, 9366, 9367, 9419, 9467 1015______446______9329 ______9049 602 ______9191,9192 1016— 464______9119, 9257 ______9047 608 ______8929, 9387, 9419, 9420 1018______474______9329 ______9047 609 ______8930, 9051, 9076, 9282 1023______9047 483______8993 610— ______— _ 9331 464______8995 1103______«. ______8964 620___ — ______8928 485______9044,9075,9076,9285 Proposed rules: Proposed rules: 502______— ______9187 29______9014, 9308 1—199.—— 9311 46„______9147 7 CFR 60— ______8951, 9020 47______8974 q n o O Q 7 K 11— ______9467 52______9206 507-— — — — I~908i,~9085~ 9271, 9311 29______^______9121 813______9206 51 ______8961 600 ______9061,9166-9168, 909______s______9308 9312, 9345, 9346, 9371, 9431, 9480 52 ______9045 914______8935 319____ 9359 601 ______9061,9062, 924______8935 9167-9170, 9207, 9240, 9241, 9312, 354______9329 930______9430 401_____ 9121,9122, 9285 9345, 9346, 9371, 9372, 9431, 9480 942______9340 602 ______9170, 9241 725______8995, 9467 961______%_____ 9166, 9309 730______9122 608______9170-9173, 9208-9218, 965_» ______9430 9241, 9242, 9312, 9313, 9372, 9431 815______8964 972______'______:___ 9157 857______9285 989______9311 15 CFR 903______9047 1002______9020 2_^______9306 905— 908___ 9047 1009 ______9020 361______1______9205 911— 912______„ _____ 9047 1010 ______9166 371 ______8999 913 ______j______9047,9303 1025______8935 372 ______8999 914 ______9048, 1027------9441 373 ______:______8999 9079, 9188, 9258, 9361, 9385, 9468 374 ______8999 . 916— 919______9047 9 CFR 379 ______8999 921 ______9047 18______9415 380 ______8999 922 ______9188 77 _____ 9469 399______9000 923— 925______j ______9047 78 ______9080 928— 932______9047 Proposed rules: 16 CFR 933______:______9259-9261 74______r.______9238 13______8971, 8996-8998, 9081-9083 935______9047 131_____: ______9084 Proposed rules: 938___ 9080 92______9243 941— 944______9047 10 CFR 946______9047 2______9330 17 CFR 948— 949______9047 9______9330 249______9053 9504 FEDERAL REGISTER

17 CFR— Continued Page 26 (1954) CFR Page 43 CFR Page Proposed rules: 270______i______9141 76______9084 240______1______9272 275______:______9141 Proposed rules: 301______9193 188-______9288 18 CFR Proposed rules: 193______9288. 1______9471 1______9267, 9269, 9313, 9428, 9479 1 9 5 ______9288 154______9473 48______9146, 9335 196 ______9288 157______9474 301______ö______9146 198 ______9288 250_____,______r______9474 199 ______9288 19 CFR 29 CFR 200 ______9288r_. 101 ______i _____ 9085 259______9393 3______— 9281 102 ______9102 8______^ 9368 Public land orders: 402______9266 10I______8926, 9368 1621______9292 Proposed rules: 1965______9292 Proposed rules: 613______9020 8____ 8934 2015______9084 687______8951 2018___;______9389 14______9392 694______9207 16______9392 «2017.______9389 2018______9389 20 CFR 31 CFR V 2019 ______9389 201______9083 3______8934 2020 ______9474 209______9001 32 CFR 220 ______9083 46 CFR 299______9083 41______9053 146 ______9390 322______9478 81______9235 147 ______9390 325______9478 512______9286 172______9334, 9392 330______9478 536______9387 Proposed rules: 602______9367 538______9054 35______9393 604______9367 562______9420 78______9393 Proposed rules: 32A CFR 97______9393 604______jflE______9367 146______9393 BDSA iCh. VI) : 162______9393 21 CFR M-1A, Dir. 1______9370 3______8927 47 CFR 121______9368 33 CFR 1______8973 141a______9263 202 ______— - 9235 3______8925,8973,9003, 9475 146______9263 203 ______9235, 9287 10______9334 146a______9083, 9263 204 ______*_____ 9235 11______9334 146c______9083 207______I_ 9287 21______9476 Proposed rules: 4 0 1 - Proposed rules: 120 _____ 9240 Appendix______9307 3— ______9060, 9173, 9289, 9347 121 ______1______9290 36 CFR 1 0 _-______...... : 9481 22 CFR 20______1 9205 49 CFR 22______9235 Proposed rules: 7______9058 31______9139 1_____;______9146 95______8974, 9308 52______8927 13____ 9399 145______._ 9059 24 CFR 20______9399 174______9058 232 ______9140 38 CFR 186-______9059 233 ______— 9307 14______,______9236 405______9058 235______9140 Proposed rules: 241______9140 39 CFR 170______9483 268 __ 9307 25______—_ 9477 181______9218 269 ______— 9307 46___ 8972 182______9218 168______:______8972, 9002 207______9484 25 CFR Proposed rules: 221 ______9192, 9333 43______9371 50 CFR Proposed rules: 33______9370,9371 161______,______9146 41 CFR Proposed rules: 171______;______9206 3—75______:______9427 177______1_ ____ 9399