^ O N A L ^

* 'ttera \ vy REGISTER VOLUME 24 NUMBER 119

Washington, Thursday, June 18, 1959

ment therefor and the operator or other CONTENTS Title 5— ADMINISTRATIVE producer on the farm fails within ten ( 10) days (seven days in the case of flue- Agricultural Research Service pa8e PERSONNEL cured tobacco grown in the State of Rules and regulations: North Carolina) from the date of mail­ Chapter I— Civil Service Commission Brucellosis in domestic animals; ing of Form CSS-590, Notice of Excess designation of uncontami- PART 6— EXCEPTIONS FROM THE Acreage, (with deposit to cover the cost nated areas, stockyards, and as determined by the county committee COMPETITIVE SERVICE abattoirs______. ______4949 and approved by the State committee), Humane slaughter of livestock; Housing and Homev Finance Agency to notify the county ASC office of his methods; correction______4952 intention to dispose of any excess to­ Effective upon publication in the F ed­ bacco acreage or to request remeasure­ Agriculture Department eral R egister, subparagraph (16) is ment of the tobacco acreage and the See Agricultural Research Serv­ added to § 6.342(b) äs.set out below. tobacco produced on the excess acreage ice; Commodity Stabilization Service. § 6.342 Housing and Home Finance is disposed of in accordance with Agency. § 725.1045, unless the county committee, Afomic Energy Commission or the county office manager on behalf Notices: * * * * . * of the county committee, determines , Pacific Gas & Electric Co.; (b) Federal Housing Administration. * * * that failure to so notify or request was amendment of application__ 4978 due to circumstances beyond the control Civil and Defense Mobilization (16) One Congressional Liaison Officer. of the farm operator or producer, or (R.S. 1753, sec. 2, 22 Stat. 403, as amended; Office 5 U.S.C. 631, 633) 2. Section 725.1052(a) is amended toNotices: read as follows: Director of administration; del­ U n it e d S tates C i v i l S er v­ (a) Report of tobacco acreage. The egation of authority_____;____ 4985 ic e C o m m is s io n , farm operator or any producer on the Rules and regulations: [ seal] W m . C. H u ll, Seal of Federal Civil Defense Executive Assistant. farm shall execute and file a report with the ASC county office or a representative Administration_____ css______4954 [PÜ. Doc. 59-5048; Piled, June 17, 1959; of the county committee on Form CSS- Civil Service Commission 8:50 a.m.] 578, Report of Acreage, showing all fields Rules and regulations: of tobacco on the farm in 1959. If any Competitive service exemptions; producer on a farm files or aids or Housing and Home Finance Title 7— AGRICULTURE acquiesces in the filing of any false re­ Agency------_------4947 port with respect to the acreage of to­ Coast Guard bacco grown on the farm, even though Chapter VII— Commodity Stabiliza­ Rules and regulations: the farm operator or his representative tion Service (Farm Marketing Quota \ Operations: ' refuses to sign such report, the allotment Person in charge of manned ond Acreage Allotments), Depart­ next established for such farm and kind platform, emergency sig­ ment of Agriculture of tobacco shall be reduced, except that nals, and work vests______4954 such reduction for any such farm shall [1026 (Burley, Flue, Fire, Air, and Sun-59) - Work vests..______4959 1; Amdt. 1] not be made if the county and State com­ mittees determine that no person con­ Commodity Stabilization Service MRT 725— BURLEY, FLUE-CURED, nected with, such farm caused, aided or Proposed rule making: FIRE-CURED, DARK AIR-CURED, acquiesced in the filing of the false re­ ^ Certain types of tobacco; farm AND VIRGINIA SUN-CURED TO­ port, pursuant to applicable Tobacco acreage allotments and nor­ BACCO Marketing Quota Regulations for Deter* mal yields for 1960-61 mar­ mining Acreage Allotments and Normal keting year..;______4964 Marketing Quota Regulations, Yields. Rules and regulations: Tobacco; bur ley, flue-cüred', 1959—60 Marketing Year It is hereby found and determined that fire-cured, dark air-cured, sufficient cause exists for not postponing This amendment is based on the mar- and Virginia sun-cured ; mar­ eting quota provisions of the Agri- the effective date of this amendment keting quota regulations, beyond the date of publication in the am Adjustment Act of 1938, as 1959-60; miscellaneous F ederal R eg ister (5 U.S.C. 1003(c)); lSi if?’ applicable to tobacco (7 U.S.C. amendments___:______4947 in,that ( 1) actual measurement and dis­ (i!*"1" ' and corrects §§ 725.1038(a) (3) Wheat; farm acreage allotments , and 725.1052(a) (24 F.R. 4682). position of excess tobacco is now being for 1960 and subsequent crops; 725.1038(a) (3) (ii) is made by producers; aAd it is in the best miscellaneous amendments__ 4949 ended to read as follows: interest of the public that this amend­ Customs Bureau ment be placed in effect at the earliest on Q # For any kind of tobacco produced Rules and regulations: possible date; and (2) notice of proposed is m arm *n - ^ 9 the acreage of which Customhouse brokers; miscel­ excess of the farm acreage allot­ (Continued on p. 4949) laneous amendments______4953 4947 4948 RULES AND REGULATIONS

V CONTENTS— Continued CONTENTS— Continued Federal Aviation Agency Page Land* Management Bureau— Pase FEDEMLIÌREG1STER Proposed rule making: Continued Rules,and regulations: eO/yjtI»«o’ ¿y Federal airways, and control areas; revocation of segments Public land orders : Published daily, except Sundays, Mondays, (11 documents)------4964-4969 N evada______4959 and days following official Federal holidays, Oregon ------4959 by the Office of the Federal Register, National Federal Communications Com­ Archives and Records Service, General Serv­ mission Post Office Department ices Administration, pursuant to the au­ Notices : Proposed rule makipg: thority contained in the Federal Register Act, Hearings dtc. : Transportation and protection approved July 26, 1935 (49 Stat. 500, as Buckley-Jaeger Broadening of mail between post offices amended; 44 U.S.C., ch. 8B), under regula­ Corp. and W HDH, IndL-— 4975 and ships______4963 tions prescribed by the Administrative Com­ mittee of the Federal Register, approved by Central Michigan Broadcast­ Securities and Exchange Com­ the President. Distribution is made only by ing Co. et al_— ------4973 mission the Superintendent of Documents, Govern­ Corwin, Sherrill C------— 4976 ment Printing Office, Washington 25, JJjC. Crabb, Robert C., et al___— 4972 Notices: The Federal R egister will be furnished by High ^Fidelity Stations, Inc. Hearings, etc. : mail to subscribers, free of postage, for $1.50 (X P A P )______4975 Brockton Edison Co. et al___ 4983 per month or $15.00 per year, payable in Hoppe, Dale A—___— —------4973 Investors^Diversified Services, advance. The charge for individual copies Inter-Cities broadcasting CoS 4973 t . Inc., et al______4984 (minimum 15 cents) varies in proportion to Macinar, Inc______4985 the size of the issue. Remit check dr money Laurino, John; and Capital order, made payable to the Superintendent Broadcasting Co. (W N A V ) _ 4977 Rules and regulations: of Documents, directly to the Government Tyrone Broadcasting Co. Summary prospectuses; amend­ Printing Office, Washington 25, D.C. (WTRN) and Triangle Pub- ment__-______\______4953 The regulatory material appearing herein lications, Inc. (WflFBG) — 4976 Social Security Administration is keyed to the Code of Federal Regulations, Virgin Islands Broadcasting which is published,' under 50 titles, pursuant Notices': System______4973 to section 11 of the Federal Register Act, as Foreign soéial insurance and amended August 5, 1953. The Code of Fed­ Proposed rule making: pension system of Burma— 4971 eral R egulations is sold 'by the Superin­ -Citizens radio service____:------4969 tendent of Documents. Prices of books and Rules and regulations: Treasury Department pocket supplements vary. Puerto Rico and Virgin Islands; See also Coast Guard; Customs There are no restrictions on the re­ international fixed public ra­ Bureau. publication of material appearing in the diocommunication service-..- 4963 Federal Register, or the Code of Federal Notices : R egulations. ' / Federal Power^Commission Argonaut Insurance Co., Menlo Park, Calif. ; surety company Notices: acceptable on Federal bonds- 4970 Hearings, etc. : CFR SUPPLEMENTS Middle States Petroleum Corp______'•— 4978 CODIFICATION GUIDE (As of January 1, 1959) Parker Petroleum Co. et al— ' 4979 A numerical list of the parts of the, Code Phillips Petroleum Co------— 4980L of Federal Regulations affected by documents The following supplement is now- published in this issue. Proposed rules, as available: Shell Oil Co. et al— — ------4979 Land withdrawal; Sheridan opposed to final actions, are identified as Title 26 (1954), Part 222 to end County Water District, Waldo such. Project, California______— 4978 A Cumulative Codification Guide covering ($2.75) the current month appears at the end of each Previously announced: Title 3, 1958 Supp. Federal Trade Commission issue •beginning with the second issue of the ($0.35); Titles 4 -5 ($0.50); Title 6 Rules and regulations: month. ($1.75); Title 7, Parts 1-50 ($4.00); Parts Berdan Furs; cease and desist Page 51-52 ($6.25); ¿arts 53-209 ($5.50); orders______— — 4952 3 CFR Parts 210-899 ($2.50); Parts 900-959 Executive orders:. ($1.50); Part 9<>0 to end ($2.25); Title 8 Health, Education, and Welfare 7923 (see PLO 1878) — _ 4959 ($0.35); Title 9 ($4.75); Titles 10-13 Department ($5.50); Title 14, Parts 1-39 ($0.55); See Social Security Administration. 5 CFR Parts 40-399 ($0.55); Part 400 to end __ 4947 ($1.50); Title 15 ($1.00); Title 16 ($1.75); Interior Department Title 18 ($0.25); Title 19 ($0.75); Title 21 See Land Management Bureau. 7 CFR . 4947 ($1.00); Titles 2 2 -23 ($0.33); Title 24 Interstate Commerce Commis­ ($4.23); Title 25 ($0.35)? Title 26, Parts sion 1 - 79 ($0.20); Parts 80-169 ($0.20); Parts Proposed rules: Notices : 4964 170-182 ($0.20); Part 300 to end, Title 723 ___ 2- 7 ($0.30); Title 26 (1954) Parts 1-19 Chicago, Aurora and Elgin Rail­ 4964 ($3.25); Parts 20-221 ($3.00); Titles 2 8 - way Co. ; rerouting of traffic- 4983 ______4964 29 ($1.50); Titles 30-31 ($3.50); Title 32, Motor çarrier “grandfather” ------Parts 1-399 ($1.50); Parts 4 00-699 certificate or permit ; applica­ 9 CFR ($1.75); Parts 700-799 ($0.70); Parts tions ...... — — - 4980 *7Q 4949 800-1099 ($2.50); Part 1100 to end Labor Department o n " " ------! ______4952 ($0.35); Title 32A ($0.40); Title 33 Rules arid regulations: ($1.50); Titles 3 5 -3 7 ($1.25); Title 38 14 CFR ($0.55); Title 39 ($0.70); Titles 40-42 Child labor; State certificates; Proposed rules: ($0.35); Title 43 ($1.00); Titles 4^-45 extension of effective date— ^ 4953 4964-4969 600 (11 documents) — ($0.60); ¿Title 46, Parts 1-145 ($1.00)T 4964-4969 Library of Congress 601 (11 documents) — Parts 146-149, 1958 Supp. 2 ($1.50); Rules and regulations: Part 150 to end ($0.50); Title 47, Parts General provisions; registration 16 CFR 1-29 ($0.70); Part 30 to end ($0.30); of claims to copyright------4955 4952 Title 49, Parts 1-70 ($0.25h_Parts 71-90 19 ______($0.70); Parts 9 1-164 ($0.40); Part 165 Land Management Bureau to end ($1.00); Title 50 ($0.75) Notices: 17 CFR _ 4953 Alaska; filing of protraction Order from Superintendent of Docu- diagrams ----- %------4972 ments, Government Printing Office, Idaho; small tract classifica­ 19 CFR — 4953 Washington 25, D.C. tion ______4971 Thursday, June 18, 1959 , FEDERAL REGISTER 4949

CODIFICATION GUIDE— Con. by the county committees, the purpose (Sec. 375, 52 Stat. 66; 7 U.S.C. 1375. Inter­ of the first amendment is to permit the pret or apply Sec. 334, 52 Stat. 53, as Page amended; 7 U.S.C. 1334) 2 9 CFR elimination of such history acreages in _____ 4953 those cases where, in determining the Issued at Washington, D.C., this 12th 1959 allotment, an adjustment was made day of June 1959. 3 2 CFR in the wheat history acreages for the C lar en c e D. P a l m b y , 1709------. ------4954 farm for any of the years 1§55, 1956, or 195v as being not representative due to Acting Administrator, Commodity Stabilization Service. 3 3 CFR a change in operations which resulted 1 4 6 ______------______4954 in a change in the farm’s established [F.R. Doc. 59—5059; Filed, June 17, 1959; crop-rotation system, and it is deter­ 8:51 a.m.] 3 7 CFR mined that the 1958 history is also not 201------representative due to the change in 202______operation which resulted in the adjust­ ment for the purposes of the 1959 allot­ Title 9— ANIMALS AND 3 9 CFR* ment. The second amendment and third Proposed rules : amendment are for the purpose of cor­ ANIMAL PRODUCTS 95— - _____ - — . .. . _____ 4963 recting references to other provisions of Chapter I— Agricultural Research the regulations. The purpose of the Service, Department of Agriculture 4 3 CFR fourth amendment is to clarify the pro­ Public land orders: visions with respect to the 1960 tentative SUBCHAPTER C— INTERSTATE TRANSPORTATION 1878------1...... 4959 base acreages for farms for which new OF ANIMALS AND POULTRY 1879______?______4959 farm allotments were established for any PART 78— BRUCELLOSIS IN year subsequent to 1955. DOMESTIC ANIMALS 4 6 CFR ASC county committees are now in the 35...... ______..- ...... 4960 process of determining I960 base acre­ Designation of Modified Certified 78------. ------______4960 ages preparatory to the establishment of Brucellosis-Free Areas, Public 97______4960 1960 wheat acreage allotments. The Stockyards, and Slaughtering Es­ 160______4961 amendments herein are an integral part 1 6 7 - ...... ______4962 of the regulations for determining 1960 tablishments 185...... ____ 4962 base acreages. Accordingly, it is hereby, Pursuant to § 78.16 of the regulations found and determined that compliance in Part 78, as amended, Title 9, Code of 4 7 CFR ^ with the public notice, procedure and Federal Regulations, containing restric­ 2 ...... ______4963 30-day effective date provisions of sec­ tions on the interstate movement of ani­ Proposed rules : tion 4 of the Administrative Procedure mals because of brucellosis, under sec­ 19 _ . ______4969 Act is impracticable and contrary to the tions 4, 5, and 13 of the Act of May 29, public interest. Therefore, the amend­ 1884, as amended, sections 1 and 2 of ments herein shall become effective the Act of February 2, 1903, as amended, rule making was published in the F ed­ upon their publication in the F ederal and section 3 of the Act of March 3,1905, eral R egister of April 15, 1959, Since the amendment is corrective in R eg ister . as amended (01 U.S.C. 111—113, 114a-l, nature, further notice and public proce­ 1. Section 728.1017(c) (1) (iv) Is 120, 121, 125), §§ 78.13, 78.14, and 78.15 dure is impracticable, unnecessary and amended by adding at the end thereof are amended in the following respects: contrary to the public interest. the following: “In addition, if in estab­ 1. Section 78.13 is hereby amended to read as follows: (Sec. 375, 52 Stat. 66; 7 U.S.C. 1375, interprets lishing the 1959 allotment, the wheat or applies sec. 313, 52 Stat. 47, as amended, history acreage was adjusted because it § 78.13 Modified certified brucellosis- 7 U.S.C. 1313; sec. 374(c), 68 Stat. 904; 7 was not representative due to a change free areas. U.S.C. 1374(c)) in operation which resulted in a substan­ The following States, or specified por­ Issued at Washington, D.C., this 16th tial change in the established crop- tions thereof, are hereby designated as day of June 1959. rotation system for the farm, the wheat modified certified brucellosis-free areas:

C lar en c e D. P a l m b y , history acreage for 1958 may be elimi­ Alabama: Cherokee, Cleburne, De Kalb, Associate Administrator, nated if it does not represent the crop- Etowah, Geneva, Jackson, and Marshall Commodity Stabilisation Service. rotation system so established for the -Counties; farm.” Arizona: Apache, Cochise, Coconino, Gila, [Pit. Doc. 59-51.05; Filed, June 17, 1959; Graham, Greenlee, Mohave, Navajo, Pima, 9:03 a.m.] 2. Section 728.1017td) (i), (ii), and Pinal, Santa Cruz, Yavapai and Yuma (iii) is renumbered as § 728.1017(d) ( 1), Counties; Arizona; Strip in Mohave and Co­ (2), and7 (3),' respectively. conino Counties, Apache Indian Reservation, Gila Indian Reservation, Hopi Indian Res­ 3. Section 728.1017(d)(1) is amended ervation, Hualpai Indian Reservation, Navajo [Arndt. 2] by striking out in the second sentence Indian Reservation and Papago Indian PART 728— WHEAT the language “or (iii) ” and inserting in Reservation; lieu thereof the language “ (iii), or (iv) ”, Arkansas: Baxter, Benton, Boofle, Carroll, Clark, Cleburne, Columbia, Fulton, Garland, Regulations Pertaining to Farm Acre­ and by adding after the figure “1958” Grant, Hempstead, Hot Spring, Independ­ age Allotments for 1960 and Sub­ the language “or the 1958 wheat history ence, Izard, Johnson,, Lafayette, Madison, sequent Crops of Wheat acreage was eliminated under paragraph Marion, Montgomery, Nevada, Newton, Perry, (c)(1) (iv) of this section”. Pike, Polk, Saline, Scott, Searcy, Sharp, Stone, Basis and purpose. The amendments Van Buren, Washington, and Yell Counties; 4. Section 728.1017(d)(1) is further nerem are issued pursuant to and in ac­ California: Alpine, Colusa, Del Norte, Hum­ amended by striking out in the third cordance with the Agricultural Adjust­ boldt, Inyo, Lassen, Mono, and Trinity Counties; ment Act of 1938, as amended. In estab- sentence the language “paragraph (c) (l)-(iv )” and inserting in lieu thereof the Colorado: Alamosa, Archuleta, Chaffee, j^ning the 1959 farm allotments the 1958 Conejos, Costilla, Custer, Delta, Denver, Do­ istory acreages were not considered language “paragraph (c)(1) (v )”. lores, Garfield, Gunnison, LaPlata, Mesa, r 1 . the applicable regulations. How- 5. Section 728.1017(d)(3) is amended Montezuma, Montrose, Ouray, Pitkin, Rio i X 71 establishing the 1960 allotments, by striking out in the first sentence the Grande, Saguache, San Juan, San Miguel, 1s °&e of the years in the base language “or (c )” and inserting in lieu and Sedgwick Counties; Southern Ute Indian Reservation and Ute Mountain Ute Reser­ IQ«!!' Since the history acreages for thereof the language “, ,(c), and sub- vation,; 08 have not been previously considered paragraph ( 1) or ( 2) of this paragraph”. Connecticut: The entire State; 4950 RULES AND REGULATIONS

Ravalli, Richland, Roosevelt, Sanders, Sheri­ Orange, Page, Prince William, Princess Anne, Delaware: The entire State; Rappahannock, Richmond, Rockingham, Florida: Bay, Calhoun, Columbia, Dixie, dan, Stillwater, Sweet Grass, Teton, Toole, Scott, Southampton, Spotsylvania, Stafford, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Treasure, Valley, Wheatland, Wibaux, and Surry,- Sussex, Westmoreland, Wise, Wythe, Hamilton, Holmes, Jackson, Jefferson, La­ Yellowstone Counties; and York Counties; and City of Hampton; fayette, Leon, Liberty, Madison, Okaloosa, Nebraska: Adams, Burt, Butler, Cass, Cedar, Washington: The entire State; Santa Rosa, Suwannee, Taylor, Wakulla, Wal­ Clay, Colfax, Cuming, Dakota, Dixon, Dodge, West Virginia: Berkeley, Boone, Braxton, ton, and Washington Counties; Douglas, Fillmore, Franklifi, Gage, Hall, Ham­ Brooke, Cabell, Calhoun, Clay, Doddridge, Georgia: Appling, Atkinson, Bacon, Bald­ ilton, Harlan, Howard, Jefferson, Johnson, win, Banks, Barrow, Ben Hill, Berrien, Brant­ Lancaster, Madison, Merrick, Nance,JNemaha, Fayette, Gilmer, Grant, Greenbrier, Hamp­ ley, Brooks, Bryan, Bullock, Burke, Butts, Nuckolls, Otoe, Pawnee, Pierce, Platte, Polk, shire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lincoln, Logan, Mc­ Candler, Carroll, Chattahoochee, Chattooga, Richardson, Saline, Sarpy, Saunders, Seward, Cherokee, Clarke, Clay, Clayton, Coffee, Col­ Stanton, Thayer, Thurston, Washington, Dowell, Marion, Marshall, Mércer, Mineral, quitt, Columbia, Cook, Crawford, Dade, Daw­ Wayne, Webster, and York Counties; Mingo, Monroe, Morgan, Nicholas, OhIt>, son, DeKalb, Dodge, Douglas, Elbert, Evans, ' Nevada: The entire State; Pendleton Pleasants, Pocahontas, Putnam, Fannin, Forsyth Franklin, Giljner, Glascock, New Hampshire: The entire State; Raleigh, Randolph, Roane, Summers, Tay­ Glynn, Gordon, Greene, Gwinnett, Haber­ New Jersey: The entire State; lor, Tucker, Tyler, Upshur, Wayne, Webster, sham, Hall. Hart, Heard, Irwin, Jackson, Jeff New Mexico: The entire State; Wetzel, Wirt, Wood, and Wyoming Counties; Davis, Jenkins, Johnson, Jones, Lamar, La­ New York: Albany, Alleghany, Bronx, Wisconsin: The entire State; nier, Laurens, Liberty, Lincoln, Long, Lum p­ Broome, Cayuga, Chautauqau, Chemung, Wyoming: Big Horn, Fremont, Lincoln, kin, Madison, Marion, Meriwether, Miller, Clinton, Columbia, Cortland, Delaware, Essex, Park, and Weston Counties; and Lower Arap- Monroe, Montgomery, Oconee, Oglethorpe, Franklin, Greene, Hamilton, Jefferson, Lewis, acho Cattle Association, Wind River In­ Paulding, Peach, Pickens, Pierce, Pike, Polk, Niagara, Onondaga, Oswego, Otsego, Rich­ dian Reservation in Fremont County, Arap- . Quitman, Rabun, Randolph, Richmond, mond, Rockland, St. Lawrence, Saratoga, ahoe Ranch Tribal Enterprise, and Wind Rockdale, Schley, Spalding, Stephens, T al­ Schenectady, Schoharie, Schuyler, Steuben, River Indian Reservation in Fremont and bot, Tattnall, Taylor, Tift, Toombs, Towns, Suffolk, Sullivan, Tioga, Warren and Wash­ Hot Springs Counties; Truetlen, Troup, Turner, Twiggs, Union, Up­ ington Counties; Puerto Rico: L h e entire area; son, Walker, Ware, Warren, Washington, North Carolina: The entire State; Virgin Islands: The entire United States Wayne, Webster, Wheeler .W hite, Whitfield, North Dakota: Barnes, Benson, Bot­ area. tineau, Bowman, Burke, Cass, Cavalier, Di­ Wilcox, Wilkinson, and Worth Counties; § 78.14 [Amendment] Idaho: Ada, Adams, Benewah, Blaine, Boise, vide,. Dunn, Emmons, Grand Forks, Grant, Bonner, Boundary, Butte, Camas, Canyon, Griggs, Hettinger, McHenry, McKenzie, Mc­ 2. Section 78.14(b) , listing specifically Clark, Clearwater, Custer, Elmore, Franklin, Lean, Mercer, Morton, Mountrail, Nelson, approved stockyards, is amended by de­ Gooding, Idaho, Jerome, Kootenai, Latah, Oliver, Pembina, Pierce, Ramsey, RenVille, leting the following items under the Lemhi, Lewis, Lincoln, Minidoka, Nez Perce, Rolette, Sheridan, Sioux, Slope, Stark, Steele, Oneida, Owyhee, Power, Shoshone, Teton, Towner, Traill, Walsh, Ward, Wells, and Wil­ headings specified: Valley, and Washington Counties; and Fort liams Counties; Alabama Hill Indian Reservation; Ohio: Athens, Belmont, Carroll, Colum­ Illinois: BOone, Bureau, Champaign, Clay, biana, Fulton, Guernsey, Hancock, Henry, Arab Stockyard, Arab: Limestone County Stockyard, Athens. Clinton, Cook, Cumberland, DeKalb, DuPage, Hocking, Jackson, Mahoning, Meigs, Monroe, Edgar, Effingham, Ford, Grundy, Kane, Kan­ Nqble, Ottawa, Paulding, Putnam, Scioto, ' Arkansas kakee, Kendall, Lake, La Salle, Lawrence, Lee, Senefca, Tuscarawas, Van Wert, Washington, Livingston, McHenry, McLean, Macon, Mon­ Wood, and Wyandot Counties; Brewer Auction Co., Mountain View. Columbia County Livestock Auction, roe, Moultrie, Ogle, Perry, Stephenson, Ver­ Oklahoma . Delaware; milion, Wabash, Will, and Winnebago Oregon: Baker, Benton, Clackamas, Clat­ Magnolia. Magnolia Sales Barn, Magnolia. Counties; ^ sop, Columbia, Coos, Curry, Deschutes, Doug­ Union Stockyards, Pine Bluff. Indiana: Adams, Allen, Benton, Blackford, las, Grant, Hood River, Jefferson, Josephine, Brown, Cass, Clark, Clay, Crawford, Daviess, Lane, Lincoln, Linn, Malheur, Marion, Mor­ California Dearborn,- Decatur, DeKalb, Delaware, Du­ row, Multnomah, Polk, Sherman, Tillamook, Maripose Commission Co., Stockton. bois, Elkhart, Floyd, Fulton, Grant, Hancock, Umatill^, Union, Wasco, Washington, Harrison, Howard, Huntington, Jay, Lagrange, Wheeler and Yamhill Counties; and Warm Georgia Lake, LaPortq, Madison, Marion, Marshall, Springs Indian Reservation; Martin, Noble, Orange, Parke, Perry, Pike, Pennsylvania: The entire State; Bleckley Livestock Auction, Cochran. Porter, Posey, Pulaski, Randolph, St. Joseph, Rhode Island: The entire State; Byram Auction Company, G. H., Newnan. Spencer, Starke, Steuben, Sullivan, Vander­ South Carolina: Bamberg, Barnwell, Coosa Valley Livestock Co., Rome. burgh, Vermillion, Wabash, Warrick, Wells, Cherokee, Chester, Chesterfield, Clarendon, Fitzgerald Stockyards, Fitzgerald. Gordon Roberts Livestock Co., Baxley. and Whitley Counties;^ Darlington, Dillon, Greenwood, Hampton, Kansas: Decatur County; Horry, Lancaster, Laurens, Lee, Lexington, Troup Livestock Co., LaGrange. Kentucky: Anderson, Calloway, Campbell, McCormick, Marion, Marlboro, Newberry, I daho Elliott, Graves, Greenup, Hopkins, Lawrence, Pickens, Saluda, Sumter, Union, and York Shoshone Livestock Auction, Shoshone. Metcalfe, Morgan, Rockcastle, Rowan, Simp­ Counties; son, Todd, Trigg, Trimble, Warden, and Wolfe South Dakota: Butte, Custer, Grant, Hard­ I owa . Counties; ing, and Lawrence Counties; Louisiana: Claiborne, and St. Landry Tennessee: Anderson, , Bedford, Benton, Albia Saies Co., Albia. Bledsoe, Bradley, Campbell, Carroll, Carter, Allerton Sale Co., Allerton. Parishes; Cheatham, Chester, Claiborne, Clay, Cocke, Ames Sales Co., Ames. Maine: The entire State; Decatur, De Kalb, Dickson, Dyer, Fentress, Anamosa Livestock Auction, Anamosa. Maryland: The entire State; Armstrong Sale Co., Armstrong. Massachusetts: The entire State; A Franklin, Gibson, Giles, Grundy, Hamilton, Hancock, Hardeman, Hardin, Henderson, Atlantic Auction Co., Atlantic. Michigan: The entire State; Audubon Auction Co., Audubon. Minnesota: The entire State; Henry,, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Knox, Lauder­ Avoca Auction Co., Avoca. Mississippi: Alcorn, Attala, Choctaw, Clay, dale, Lawrence, Lewis, Lincoln, Loudon, Mc- Belmond Sales Pavilion, Belmond. Forrest, George, Greene, Hancock, Itawamba, Nairy, Macon, Madison, Marshall, Maury, Bonaparte Community Sale, Bonaparte. Jackson, Jasper, Jefferson Davis, Jones, La­ Meigs, Monroe, Montgomery, Moore Morgan, Bradley Live Stock Auction, Red Oaf- mar, Lee, Neshoba, Perry, Pike, Pontotoc, Obion, Overton, Perry, Pickett; Polk, Putnam, Cedar Valley Livestock Exchange, Vinton. Prentiss,' Smith, Tippah, Tishomingo, Unio#, Rhea, Roane, Rutherford, Scott, Shelby, Centerville Sales Co., Centerville. darles Walthall, Winston, and Yalobusha Counties; Smith, Stewart, Sullivan, Tipton, Trousdale, Charles City Livestock Exchange, Chañes Missouri: Andrew, Barry, Bollinger, Boone, Unicoi, Union, Wayne, Weakley, Williamson, City. Butleiv Cape Girardeau, Carroll, Christian, and Wilson Counties;' Clarinda Auction Co., Clarinda. Dade, Dent, Franklin, Greene, Jackson, Jas­ Texas: Brewster, Jeff Davis, and Presidio Clear Lake Auction Co., Clear Lake. per, Jefferson, Lawrence, Monroe, Montgom­ Counties; Colfax Sales Co., Colfax. ery, Oregon, Osage, Perry, Pettis, Putnam, Corning Auction Co., Corning. Ralls, Ray, Reynolds, Ripley, St. Charles, St. Utah: The entire State; Vermont: The entire State; Corydon Sale, Corydon. Francois, St. Genevieve, Shelby, Texas, W eb­ Cowan Sale Company, Roy, Sioux City. ster, Worth, and Wright Counties; Virginia: Accomack, Alleghany, Arlington, Cresco Livestock Market, Cresco. Bath, Bland, Brunswick, Buchanan, Bucking­ Montana: Beaverhead, Blaine, Carbon, Car­ Davis County Sales Co., Bloomfield. ham, Caroline, Charles City, Chesterfield, ter, Cascade, Daniels, Dawson, Dear Lodge, Crestón Auction Co., Crestón. Fallon, Fergus, Flathead, Gallatin, Garfield, Clarke, Craig, Culpeper, Cumberland, Essex, Fairfax, Giles, Gloucester, Hanover, Henrico, DeWitt Sale Barn, DeWitt. nonnell- Glacier, Golden Valley, Granite, Hill, Jeffer­ Donnellson Commission Exchange, Do son, Judith Basin, Lake, Lewis and Clark, Isle of Wight, James City, King & Queen, son. Liberty, Lincoln, McCone, Madison, Meagher, TCing George, King William, Lancaster, Lee, Mathews, Middlesex, Nansemond, New Kent, Dows Sale Pavilion, Dows. Mineral, Missoula, Musselshell, Park, Petro­ Dyersville Sale Barn, Dyersville. leum, Phillips, Pondera, Powell, Prairie, Norfolk, Northampton, Northumberland, Thursday, June 18, 1959 FEDERAL REGISTER 4951 Eastern Iowa Livestock Commission Co., K entucky F lorida Mechanicsville. Eldora Livestock Sales, Eldora. Monticello Stockyards, Monticello. Brock & Burdeshaw Packing Co., Pensacola. Elkader Sales Barn, Elkader. Washington County Stockyards, Springfield. Farris & Co., Jacksonville. Hendry Brothers Packing Co., Tampa. Emmetsburg Sales Co., Emmetsburg. Louisiana Estherville Auction Co., Estherville. Hygrade Food Products Corp., Hialeah. Fairfield Livestock Commission Co., Fairfield. Harris & Stutson Commission Co., Ferriday. Oakland Meat Packing, Ft. Lauderdale. Fonda Sales Barn, Fonda. Miller-Dominque, Elton. Register Meat Co.,Cottondale. - Forest City Auction Co., Forest City. M ississippi Henderson Auction, Henderson. Georgia Hi Dollar Sale Co., Sigourney. Stiles, Raymond F., Sturgis. Bullards Sausage Plant, Summerville. Hopkinton Sales Pavilion, Hopkinton. Missouri Humboldt Livestock Auction, Humboldft. I daho . Iowa City Sales-Co., Iowa City.- Alton Sales Co., Alton. B & M Packing Co., Burley. Iowa Falls Sales Pavilion, Iowa Falls. Callao Sale Barn, Callao. Tiffany Meat Packers, Nampa. Iowa-Nebraska Sale Yards, Council Bluffs. Centralia Livestock Sales Co., Centralia. I llino is Independence Sales Co., Independence. Saline County Sale Co., Marshall. Jefferson Livestock Market, Jefferson. Prairie Packing Co., Marion. ^ Keosauqua Sale Co., Inc., Keosauquá. Nebraska Prairie Packing Co., Carlinville, Kimballton Auction Co., Kimbállton. Scottsbluff Livestock Commission Co., Seotts- I owa Laurens Livestock Sales Co., Laurens. bluff. LaPorte City Sale Barn, LaPorte City. Hilleman’s Packing Plant, Marshalltown. Lawn Hill Livestock Sale Co.; New Providence. Nevada Lamoni Packing Company, Lamoni. Lawton Sale Barn, Lawton. Fallon Sales Yard, Fallon. 1 . ~ I ndiana Lenox Livestock Auction, Lenox. Leon Sale, Leon. New Y ork Auburn Packing Plant, Auburn. Leonard’s Auction Sale, Manchester. Agett & Law Commission Market, Ischua. Bickmeier & Son, Boonville. Live Stock Auction, Denison. Dryden Livestock Sales, Dryden. Columbia Packing Co., Inc., Hammond. Lizer’s Sale, Gowrie. Sauquoit Valley Livestock Exchange, Cass- Denver Locker Plant, Denver. Low Moor Sales Co., Low Moor. ville. Dimett Packing Company, Kokomo. Marengo Sales Barn, Marengo. Tully Valley livestock Market, Apulia Sta­ Gerber Supermarket, Inc., Decatur. McCreary Sale Co., Centerville. tion. Harris Packing Co., Sam,(Crawfordsville. McDonald Sales Co., Sumner. Oklahoma Neal Packing Co., Crawfordsville. McIntosh Livestock Auction Co., Ida Grove. Quick Freeze Locker Service, Madison. Mahaska Sales Co., Oskaloosa. Muskogee Stockyards Co., Muskogee. Shinn Slaughterhouse, Mentone. Mapleton Sales Co., Inc., Mapleton. Osage County Sale, Fairfax. Stahl Packing Co., Evansville. Maquoketa Livestock Sales Co., Maquoketa. Tahlequah Sales Barn, Tahlequah. W olf Packing Co., LaPorte^ Middletown Sale Co., Middletown. Westfield Frozen Foods, Westfield. Oregon Midway Sales Co., Columbus Junction. K ansas Milford Livestock Exchange, Milford. Brahs Auction Market, Corvallis. Mount Ayr Livestock Market, Mouñt Ayr. Forest Grove Auction, Forest Grove. B & W Packing Plant, Colby. New Liberty Sale Barn, New Liberty. Ontario Livestock Commission Co'., Ontario. Houlton Packing Co., Abilene. Northeast Iowa Sales Co., Decorah. K entucky Northwest Iowa Livestock Exchange, Alta. Pennsylvania Osceola Sale Co.^ Osceola.' Layer Packing Company, C. W., Louisville. Oelwein Livestock Exchange, Oelwein. Barnsley Sales, Oxford. Onawa Sale Barn, Onawa. Krumsville Livestock Auction, Krujnsville. New Jersey Orient Sale Co., Inc., Orient. Kennett Auction Co., Inc., Kennett Square. Gottlieb & Sons, Inc., P. A., Camden. Oxford Sales Barn, Inc., Oxford. Leesport Livestock Market, Leesport. Hartman, J. H. & H. E. Trenton. Paullina Sale Co., Paullina. Quakèrtown Sales Co"., Quakertown. Miller Brothers, Camden. Petersen Cattle Co., Clinton. Teel & Bunnell Auction Sales, Tunkhannock. Struble, Inc., O. W., Newton. Petersen Cattle Co., Mt. Vernon. South Dakota William L. Burtch, Vineland. Petersen Cattle Co., Schaller. New Y ork Petersen Cattle Co., Spencer. ' r Bowdle Livestock Commission Co., Bowdle. Peterson Sheep & Cattle Co., Des Moines. Herreid Livestock Commission Co., Herreid. Bender, Elmer & Son, Buffalo. __ Pocahontas Livestock Sales, Inc., Pocahontas. Mobridge Commission Co., Inc., Mobridge. Dunning’s Slaughterhouse, Howell. Postville Co-op Sales Barn, Postville. Tri County Commission Co., Inc., Faith. Golde Packing Co., Tonawanda. Riceville Sales Pavilion, Riceville. Malecki, Joseph Inc., Buffalo. Russell Sales Co., Russell. ' —/ T ennessee Olean Cold Storage Co., Inc., Olean. Sac County Auction, Inc., Sac City. Samiof, David & Son, Albany. Farmer’s Livestock Exchange, Tiptonville. Sales Company of Hawarden, Hawarden.- Schmitt, J. J„ ,& Co., Inc., Buffalo. Troy Stockyards, Troy. Seifried-Trenáry, Pocahontas. West, R. B., Co., Inc., Buffalo. Sheldon Sales Co., Sheldon. T exas Kwialkowski Brothers, Buffalo. Stanton Auction Co., Stanton. Strand & Son, Oswald, Manly. Hereford Livestock Auction, Hereford. Ohio Stuart Sales Co., Stuart. Mid West Feed Yards, San Angelo. Hall Brothers Inc., Olmsted Falls. Sweetland Sales Co., Muscatine. San Angelo Livestock Auction Co.,- San McMahon Packing Co., Marysville. Tama Sale Co., Tama. Angelo. Springfield Meat Co., Springfield. Uhlenhopp Sales, Aplington. Oklahoma Umstead Livestock Auction, Eagle Grove. § 78.15 [Amendment] Ute Sale Barn, Ute. 3. Section 78.15(b), listing specifically Southeastern Packing Co., Durant. Wadena Livestock Exchange, Wadena. apporved slaughtering establishments, is Oregon Wapello Livestock Auction, Wapello. amended by deleting the following items Community Market, Enterprise. Washington Livestock Sales Co., Washington. under the headings specified; Culver Meat Plant, Bandon. Waukon Sales Commission, Waukon. Culver Packing Co., Culver.^ enger Sales Commission, West Union« A rkansas Grants Pass Provision Co., Grants Pass. Wayland Sales Co.,Inc., Wayland. City Abattoir, Fort Smith. Heppner Slaughter House, Heppner. West Union Auction Exchange, West Union, Finkbeiner Packing Co., Pine Bluff. La Grande Market, La Grande. westra Sales Co., Orange City. Mo-Ark Packing Co., Harrison. Lamonta Packing Co., Prineville. Westrope Auction Co., Harlan, Saline Packing Co., Benton. McVay, Archie, Brookings. nneshiek Co-op Association, Decorah. Stephens Meat Co., Pine Bluff. Peterson, Gerald, North Powder. Sutherlan Slaughter House, Springdale. Polar Cold Co., Medford. K ansas Wards Packing Co., Texarkana. Roseburg Meat Co., Roseburg. Valley Sausage Co,, La Grande.- Burdett Livestock Sales Cc)., Burdett. \ California Chetopa Community Sale, Chetopa. P ennsylvania "e d Doll Livestock Sales C?o., Lamed. Sierra Dressed Meat Co., Auburn. Baum ’s Meat Packing Co., Lansdale. Hesston Sales Co., Hesston Fried & Reineman Packing Co., Pittsburgh. clntosh Auction Delaware Lancaster Packing Co., Lancaster. Moyer & Sons, A. F„ Souderton. Rexford Livestock Commission Co., Meade. Vessel, Harry, Wyoming. Nasers Home Dressed, Meats, Greensburg. 4952 RULES AND REGULATIONS

R hode I sland or in connection with the sale, advertis­ Title 16— COMMERCIAL ing; offering for sale, transportation, or Pezza Slaughter House, Johnston. distribution of any fur product which is T exas PRACTICES made in whole or in part of fur which Goode Slaughtering, Denison. has been shipped and received in com­ Chapter I— Federal Trade Commission merce, as “commerce,” “fur,” and “fur Washington [Docket 7295 c.o.] product” are defined in the Fur Products A & W Packing Co., Inc., Moses Lake. Labeling Act, do forthwith cease and de­ Colfax Market, Colfax. PART 13— d ig est o f c e a s e a n d sist from: Excel Sausage & Meat Co., Spanaway. s DESIST o r d er s 1. Falsely or deceptively invoicing fur Martin’s Meat & Livestock, Goldendale. products by: Stolls Packing, Rosalia. Berdan Furs A. Failing to furnish invoices to pur­ W isconsin Subpart— Advertising falsely or mis­ chasers of fur products showing : Polar Locker, LaCrosse. leadingly: § 13.15 Business status, ad­ ( 1 ) The name or names of the animal vantages, or connections: Producer sta­ or animals producing the fur or furs (Secs. 4, 5, 23 Stat. 32, as amended, secs. 1, tus of dëaler or seller: 2, 32 Stat. 791-792, as amended, sec. 3, 33 Manufacturer; contained in the fur products as set forth Stat. 1265, as amended, sec. 13, 65 Stat. 693, retailer as wholesaler, jobber or factory in the Fur Products Name Guide and as 21 U.S.C. 111-113, 114a-l, 120, 121, 123; 19 distributor; § 13.155 Prices: Exaggerated prescribed under the rules and regula­ P.R. 74, as amended; 9 CFR 78.16) as regular and customary; retail as cost, tions; etc., or discounted. Subpart— Invoicing (2) That the fur product contains or Effective date. The foregoing amend­ products falsely: § 13.1108 lyitoicing is composed of used fur, when such is the ment shall become effective upon pub­ products falsely: Fur Products labeling fact; lication in the F ederal R eg ist e r . Aqt. Subpart— Neglecting, unfairly or (3) That the fur product contains or The amendment adds certain addi­ deceptively, to make material Cisclosure: is composed o f bleached, dyed* or other­ tional areas to those designated as § 13.1832 Formal'regulatory and statu­ wise artificially colored fur, when such modified certified brucellosis-free areas, tory requirements : Fur Products Label­ is the fact; which additional areas have been de­ ing Act. (4) That the fur product is composed termined to come within the definition of (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret in whole or in substantial part of paws, § 78.1 (i ) . The amendment also deletes' tails, bellies, of waste fur, when such is certain stockyards and slaughtering or apply sec. 5, 38 Stat. 719, as amended; sec. the fact; - / establishments specifically approved 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and desist order, Daniel Lieberman et al. trading (5) The name and address of the per­ under this part because it has been de­ as Berdan Furs, Philadelphia, Pa., Docket son issuing such invoice; termined that such stockyards and 7295, May 19, 1959] (6) The name of the country of origin slaughtering establishments no longer of any imported furs contained in a fur qualify for such approval under the In the Matter of Daniel Lieberman and Bernard Koff, Individually and as Co­ product; regulations. (7) The item number or mark as­ The amendment imposes certain re­ partners Trading as Berdan Furs, a,nd Formerly Officers of Berdan Furs, Inc., signed to a fur product. strictions necessary to prevent the B. Setting forth information required spead of brucellosis ■ in cattle and a Corporation under section 5(b) (1) of the Fur Prod­ should be made effective promptly in This proceeding was heard by a hear­ ucts Labeling Act and the rules and order to accomplish its purpose in the ing examiner on the complaint of the regulations promulgated thereunder in public interest. Accordingly, under sec­ Commission charging furriers in Phila­ abbreviated form. tion 4 of the Administrative Procedure delphia,. Pa., with violating the Fur 2. Falsely or deceptively advertising Act (5 U.S.C. 1003), it is found upon Products Labeling Act by failing to com­ fur products through the use of any ad­ good cause that notice and other public ply with the invoicing requirements; by vertisement, representation, public an­ procedure with respect to the amend­ advertising in catalogs, cards, signs, and nouncement, or notice which is intended ment are impracticable and contrary to by other means which represented prices to aid, promote, or assist, directly or in­ public interest, and good cause is found falsely to be “wholesale” or reduced from directly, in the sale, or offering for sale for making the amendment effective less purported regular prices which were in of fur products, and which: than 30 days after publication in the fact fictitious or manufacturer’s sug­ A. Represents directly or by implica­ F ederal R e g ister . gested retail prices, which represented tion that prices of fur products are Done at Washington, D.C., this 12th themselves falsely as wholesalers or “Wholesale prices”, when such is not the day of June 1959. . - manufacturers pf fur products, and fact. * . which named other animals than those B. Represents directly or by implica­ E. E. S a u l m o n , producing the fur ih certain products; tion that the regular or usual price of * Acting Director, Animal Disease and by failing to maintain adequate rec­ Eradication Division, Agricul­ any fur product is any amount which is ords as a basis for said, pricing claims. tural Research Service. in excess of the price at which respond­ After acceptance of an agreement for ents have usually and customarily sold [P.R. Doc. 59-5045; Filed, June 17,' 1959; a consent order, the hearing examiner such products in the recent regular 8:50 a.m.] made his initial decision and order to course of business. cease and desist which became on May C. Represents directly or by implica­ 19 the decision of the Commission. tion that a designated retail price is the TjJhe order to cease and desist is as manufacturer’s suggested retail price, SUBCHAPTER K— HUMANE SLAUGHTER OF follows; when such is not the fact, or otherwise LIVESTOCK using a fictitious price in connection witn It is ordered, That respondents Daniel the advertising or offering for sale of a PART 180— DESIGNATION OF Lieberman and Bernard Koff, individu­ METHODS ally and as copartners trading as Berdan fur product. , D. Represents directly or by implica­ Furs, or under any ’ other name, and Correction / tion that respondents are wholesalers oi formerly officers of Berdan Furs, Inc., a fur products, when such is not the fact. In F.R. Document 59-1724 appearing bankrupt corporation, and respondents’ E. Represents directly or by implica­ in the issue for Tuesday, March 3, 1959, representatives, agents, and employees, tion that respondents are manufacturers at page 1549, the next to the last para­ directly or through any corporate or of fur products, when such is not tne graph before the signature should read other device, in connection with the in­ as follows: troduction into commerce, or the sale, fact. - F. Sets forth the name or names oi The designations shall become effective advertising, or offering for sale in com­ for purposes of section 3 of the Act on merce, or the transportation or distri­ v any animal or animals other than the June 30, 1960. bution in commerce of any fur product, name or names specified in sectio Thursday, June 18, 1959 FEDERAL REGISTER 4953

5(a)(1) of the Fur Products^ Labeling the securities to be offered provides for and to financial accounting involving Act. the use of a summary prdspectus and if freight forwarders. To accomplish these 3. Making price claiiris and repre­.either of the following conditions is met: purposes, the customs regulations are sentations referred to in subparagraphs (1) At the time the registration state­ amended as set forth below: A, B and C of Paragraph 2 hereof unless ment is filed, the registrant is required 1. Section 31.3 is amended by adding there are maintained by respondents to file periodic reports with the Commis­ a new paragraph (f ) reading as follows: full and adequate records disclosing the sion pursuant to section 13 or 15(d) of facts upon which such claims and repre­ the Securities Exchange Act of 1934; or (f) “Freight forwarder” means any sentations are based, as required by (2) The registrant (i) has,net assets person engaged in the business of dis­ Rule 44(e) of the rules and regulations. of at least $5,006,000 as shown by the patching shipments on behalf of other persons for a consideration, in foreign By “Decision of the Commission”, et

(iii) The scope and extent of protec­ photocopy is to be certified by the Copy­ Title 37— PATENTS, TRADE­ tion of works in foreign countries or in­ right Office, the additional certification terpretation of foreign copyright laws or fee should be made payable to the Regis­ MARKS, AND COPYRIGHTS court opinions; ter of Copyrights and both remittances Chapter II— Copyright Office, Library (iv) The sufficiency, extent or scope of together with the transmittal letter are compliance with the copyright law. of Congress to be sent to the Copyright Office. (2) In addition, the Office cannot un­ (3) Requests for photocopies of official PART 201—^GENERAL PROVISIONS dertake to furnish the names of copy­ correspondence shall identify the specific right attorneys, publishers, agents, or material desired and shall contain a PART 202— REGISTRATION OF other similar information. statement enabling the Copyright Office CLAIMS TO COPYRIGHT (b) Inspection and copying or records. to determine if the writer is properly and ( 1 ) Inspection and copying of completed directly concerned. ^ Notice of proposed rule making was records and ihdexes relating to a regis- J 4 ) Requests for photocopies of copy­ published in the F ederal .R eg ister of tration- or a recorded document, and in­ right deposits will be granted when one May 2, 1959, at page 3545... Interested spection of copies deposited in connec­ or more of the following conditions are persons were invited to submit written tion with a completed copyright regis­ fulfilled: comments, suggestions, or objections tration, may be undertaken at such times i (i) Authorization by owner. When with respect to the proposed revision as will not result in interference with or authorized in writing by the copyright within thirty days of the date of publi­ delay in the work of the Copyright Office. owner or his designated agent. cation in the F ederal R eg ist e r . After (2) The copying from the Copyright (ii) Request by attorney. When re­ consideration of the responses received, Office records of names and addresses for quired in connection with litigation, ac­ Parts 201 and 202 of the regulations are the purpose of compiling mailing lists tual or prospective, in which the copy­ adopted as set forth below, effective and other similar uses is expressly, pro­ righted work is involved; but in all such upon publication in the F ederal hibited. - cases the attorney representing the ac­ Register. (c) Correspondence. ( 1) Official cor­ tual or prospective plaintiff or defendant Dated: . June 12, 1959. respondence, including preliminary ap­ for whom the request is made shall give plications, between copyright claimants, in writing: (a) The names of the parties [ seal] A r t h u r F is h e r ,^ or their agents and the Copyright Office, and the nature of the controversy; (b) Register of Copyrights. and directly relating to a completed reg­ Approved, the name of the court where the action istration or to a recorded document, is is pending, or, in the case of a prospective L. Q u i n c y M u m f o r d , made available for inspection by persons proceeding, a full statement of the facts Librarian of Congress. properly and directly concerned. Re­ of the controversy in which the copy­ quests for photocopies of the correspond­ righted work is involved; and (c) satis­ PART 201— GENERAL PROVISIONS ence shall be made pursuant to para­ factory assurances that the requested Sec. graph (d) of this section. copy will be used only in connection 201.1 Communications with the 'Copyright (2) (i) Correspondence, application with the specified litigation. Office. forms and any accompanying material (iii) Court order. When an order to '201.2 Information given by the Copyright forming a part of a pending or rejected have the copy made is issued by a court Office. application are not records which arè having jurisdiction of a case in which 201.3 Catalog of Copyright Entries. open to public inspection under para­ the copy is to be submitted as evidence. 201.4 Assignments of copyright and other graph (b) of this section. papers. § 201.3 Catalog of Copyright Entries. 201.5 Amendments to completed Copyright (ii) Inspection of such files may be Office registrations and other rec­ afforded upon presentation of written The current subscription price for all ords. authorization 'of the claimant or his parts of the complete yearly Catalog of. -201.6 Payment and refund of Copyright O f­ agent, or upon submission to the Register Copyright Entries is $20.00. Each part fice fees. of Copyrights, Library of Congress, of the Catalog is published in two semi­ 201.7 Preparation of catalog card. Washington 25, D.C., of a written request annual numbers covering, respectively, 201.8 Import statements. which is deemed by him to show good the periods January-June and July- Authority : §§201.1 to 201.8 issued under cause for such access and which estab­ December. The prices given in the list sec. 207.61 Stat. 666; 17 U.S.C. 207. lishes that the person making the request below are for each semiannual number. § 201.1 Communications with the Copy­ is one properly and directly concerned. The Catalog may be obtained, upon pay­ right Office. (iii) Where such access is authorized ment of the established price, from the and photocopies of the official file are Register of Copyrights, Library of Con­ Mail and other communications shall subsequently requested, the conditions gress, Washington 25, D.C., to whom re­ be addressed to the Register of Copy­ and procedures of paragraph (d) of this quests for copies should be addressed and rights, Library of Congress, Washington section are controlling. to whom the remittance should be made 25, D.C. (3) Correspondence, memoranda, re­ payable. § 201.2 Information given by the Copy­ ports, opinions, and similar''material Part 1;—Books and Pamphlets Including right Office. relating to internal management, office Serials and Contributions to Periodicals, administration, security matters, and $2.50. (a) In general, ( 1) Information rela- general policy and decisional material, Part 2— Periodicals, $1.00. ,^ e operations of the Copyright including the work product of an attor­ Parts 3-4— Dramas and Works Prepared for Office is supplied without charge. A ney, are not open to public inspection. Oral Delivery, $1.00. search of the records, indexes and de­ Part 5—Music, $3.50. (4) The Copyright Office will return posits will be made for such information Part 6— Maps and Atlases, $0.50. unanswered any abusive or scurrilous a.s ¿hey may contain relative to copy­ Parts 7-11A—Works of Art, Reproductions correspondence. right claims upon application and pay- of Works of Art, Scientific and Technical (d) Requests for copies. (1) Requests Drawings, Photographic Works, Prints and • ^ e statutory fee. The Copy­ for additional certificates of registration Pictorial Illustrations, $1.00. - right Office, however, does not undertake should be sent to the Copyright Office, Part 11B— Commercial Prints and Labels, ne making of comparisons of copyright $ 1.00. and the accompanying fees should be eposits to determine similarity between Part 12-13—Motion Pictures and Film­ made payable to the Register of Copy­ w.0“^ . nor does it give legal opinions strips, $0.50. rights, or advice on such platters a s :... (2) Requests for photocopies of copy­ § 201.4 Assignments of copyright and . ^ valic*ity or status of any copy- right deposits, official correspondence, other papers. j her tiian the facts shown in the and Copyright Office records (other than records of the Office; Assignments of copyright and other additional certificates of registration) papers relative to dopy rights will be re­ rights of Persons, whether in should be sent to the Chief, Photodupli­ corded in the Copyright Office upon pay­ r a « * 1™ with cases of alleged copy- cation Service, Library of Congress, ment of the statutory fee. Examples of mfrinsement, contracts between Washington 25, D.C., the accompanying such papers include powers of attorney, hors and publishers or other matters fees in payment of such services being 1 a similar nature; licenses to use a copyrighted work, agree­ made payable to that official. When the ments between authors and publishers No. 119------2 4956 RULES AND REGULATIONS made in excess of the statutory feg will Sec. covering a particular work or Works and 202.8 Musical compositions (Class E ). the rights thereto, mortgages, certifi­ be refunded, but amounts of twenty-five 202.9 Maps (Class F). cates of change of corporate title, wills, cents or less will not be returned unless 202.10 Works of art (Class G ). and decrees of distribution. The orig­ specifically requested and such sums may 202.11 Reproduction of works of art (Class inal, signed instrument should be sub­ be refunded in postage stamps. All H ) . \ mitted for recordation, and is returned larger amounts will be refunded by 202.12 Drawings or plastic works of a scien­ tific or technical character (Class to the sender with a certificate of record. check. (d ) Return of deposit copies. Copjes I ) . Where the original instrument is not Photographs (Class J). of works deposited in the Copyright 202.13 available, a certified or other copy may 202.14 Prints, pictorial illustrations and , be submitted, but it shall be accompanied Office pursuant to law are either retained commercial prints or labels (Class by a statement that the original is not in the Copyright Office, transferred for K). available. the permanent collections or other uses 202.15 Motion pictures (Classes L-M ). ' of the Library of Congress, or disposed 202.16 Deposit of photographs or other § 201.5 Amendments to completed Copy­ of according to law. When an applica­ identifying reproductions in lieu of right Office registrations and other tion is rejected, the Copyright Office re­ N copies. records. serves the right to retain the deposited 202.17 Renewals. 202.18 Notices of use. (a) No cancellations. No correction copies. or cancellation of a Copyright Office Authority : §§ 202.1 to 202.18 issued under § 201.7 Preparation o f catalog card. registration or other record wiil be made ¡See. 207.61 Stat. 606; 17 U.S.C. 207. (other than a registration or record pro­ The catalog card which may accom­ § 202.1 Material not subject to copy­ visional upon receipt of fee as provided pany a work of foreign origin, as pro­ right. in § 201.6 ) after it has been completed if vided in section 215 of title 17, U.S. Code, the facts therein stated agree with those as amended, may be a catalog card sup­ The following are examples of works supplied the Office for the purpose of plied by a library in the country of pub­ not subject to copyright and applications making such record. However, it shall lication. In lieu of such a card the ap­ for registration of such works cannot be be within the discretion of the Register plicant may prepare his own card, or entertained: of Copyrights to determine if any par­ may fill out the form supplied by the (a) Words and short phrases such as ticular case justifies the placing of an Copyright Office. The catalog card names, titles, and slogans; familiar sym­ annotation upon any record for the should contain the full name of the bols or designs; mere variations of typo­ purpose of clarification, explanation, or author of the original work, title and graphic ornamentation, lettering or indication that there exists elsewhere in description from the title page, paging, coloring; mere listing of ingredients or the records, indexes or corresppndence copyright claimant, the city and year of contents; (b) Ideas, plans, methods, systems, or files of the Office, information which has publication, and the names of all other reference to the facts as stated in such authors, editors, etc., whom the appli­ devices, as distinguished from the par­ ticular manner in which they are ex­ record. cant considers of sufficient importance to Cb> Correction by new registration. retford. When available, the year of pressed or described in a writing; (c) Works designed for recording in* In exceptional cases, where an applicant birth of each author named should be formation which do not in themselves desires to correct, amend or amplify a given. If the form furnished by the convey information, such as, time cards, registration previously made in accord­ Office is not used, the size of the card graph paper, account books, diaries, ance with information furnished by a should preferably be 5 inches wide by 3 ^bank checks, score cards, address books, claimant or his agent, a new application inches deep or 12.5 centimeters wide by report forms, order-forms and the like,. indicating its amendatory purpose shall 7.5 centimeters deep. The Register of (d) Works consisting entirely of infor­ be filed, accompanied by the statutory Copyrights reserves the right to accept mation that is common property con- fee and the same number of copies re­ catalog cards not complying with the *-taining no original authorship, such as, quired for a new application. Where it -above requirements. for example: Standard calendars, height is satisfactorily established that copies § 201.8 Import statements. and weight charts, tape measures and of the original work cannot be obtained rulers, schedules of sporting events, and' for submission, photostat or microfilm (a) The Copyright Office will issue im­ lists or tables taken from public docu­ copies of the original may be submitted. port statements for books and periodicals ments or other common sources. first published abroad in the English § 201.6 Payment and refund of Copy­ language which are to be imported under § 202.2 Copyright notice. right Office fees. the provisions of section 16 of title 17, (a) General. (1) With respect to a (a) In General. All fees sent to the U.S. Code, as amended. A statement for published work, copyright is secured, or Copyright Office should be in the form the importation of 1,500 copies will be the right to secure it is lost, at the aate of a money order, check or bank draft issued to the person named in the ap­ of publication, i.e., the date on which payable to the Register of Copyrights. plication for ad interim copyright regis­ copies are first placed on sale, sol£l’ Coin or currency sent to the Office in tration. The holder of this statement publicly distributed, depending upon tne letters or packages will be at the re­ shall present it to the customs officer in adequacy of the notice of copyright on mitter’s risk. Remittances from foreign charge of the port of entry. Upon receipt the work at that time. countries should be in the'form of an of a statement from the customs officer, (2) If publication occurs by distriou- International Money Order or Bank showing importation of less than 1,500 tion of copies or in some other manner, Draft payable and immediately negoti­ copies, a new statement will be issued without the statutory notice or with an able in the United States for the full for the balance . inadequate notice, the right to secure amount of the fee required. Uncertified (b) The provisions in the Customs copyright is lost. In such cases copy­ checks are accepted subject to collec­ Regulations covering the use of the im­ right cannot be secured by addmg tn tion. Where the statutory fee is sub­ port statement (Copyright Office Form notice, to copies distributed at a laier mitted in the form of a check, the C-85) are found in 19 CFR 11.21 (21 F.R. registration of the copyright claim or 2517)*.’’ ______da(3> Works first published abroad, other record made by the Office is pro­ other than works eligible for ad mtenm visional until payment in money is-re­ PART 202— REGISTRATION OF registration, must bear an adequate copy ceived. In the event the fee is not paid, CLAIMS TO COPYRIGHT right notice at the time of J?® - r ht the registration or other record shall be publication in order to secure cpyr expunged. Sec. 202.1 Material not subject to copyright. under the law of the United Stat • (b) Deposit accounts. Persons or (b ) Detects in notice. Where the firms having a considerable amount of 202.2 Copyright notice. 202;3 Application forms.' copyright notice does not meet business with the Copyright Office may, 202.4 Books (Clasis A ) . quirements of the law, the C Py for their own convenience, prepay copy­ 202.5 Periodicals (Clâss B ). Office will reject an appheation f o * right expenses by establishing a Deposit 202.6 Lectures or similar productions pre­ right registration. Common defects^ Account. pared for oral delivery (Class C). the notice include, among others, (c) Refunds. Money paid for appli­ 202.7 Dramatic and dramatico-musical following: cations which are rejected or payments compositions (Class D ). Thursday y June 18, 1959 FEDERAL REGISTER 4957 (1) The notice laftks one or more of accompanied by a “claim of copyright” Form I^-Drawing or plastic work of a the necessary elements (i.e., the word in the form of a properly executed appli­ scientific or technical character (Class I). “Copyright”, the abbreviation “Copr.”, cation^ together with the statutory regis­ Form J—Photograph (Class J). or the symbol © ; the name of the copy­ tration fee. The Office reserves the , Form K—Print or pictorial illustration right proprietor; or, when required, the right to refuse to accept any application (Class K ). year date of publication); that is a carbon copy, illegible, defaced, .-—Form KK—Print or label used for an article xof merchandise (Class K ). (2) The elements of the notice are or otherwise not in an acceptable condi­ dispersed;; Form L-M —Motion picture (Classes L -M ). tion for examination and recording. Form^R—Renewal copyright. (3) The notice is not in one of the (2 ) W here“ these separate elements Form U—Notice of use of copyrighted positions prescribed by law; are not received simultaneously, the music on mechanical instruments. (4) The notice is in a foreign language;' Copyright Office holds the submitted § 202.4 Books (Class A). (5) The name in the notice is that of elements for a reasonable time and, in someone who had no Authority to secure default of the receipt of the missing (a) Subject matter and forms. This copyright in his name; element or elements after a request made class includes such published works as (6) The year date in the copyright therefor, the submitted item or items fiction and nonfiction, poems, compila­ notice is later than the date of the year may be returned to the sender. Such tions, composite works, directories, in which copyright was actually secured, action does not constitute a waiver of catalogs, annual publications, informa­ including the following' cases: the right of the Register of Copyrights tion in tabular form, and similar text \(i) Where the year date in the notice pursuant to section 14, title 17, U.S. Code,- matter, with or without illustrations, as is later than the date of actual publica­ to demand compliance with the deposit books, either bound or in loose-leaf form, tion; provisions of that title. pamphlets, leaflets, cards, single pages *(ii) Where, copyright was first secured (3) Applications for copyright regis­ or the like. Applications for registration by registration of a work in unpublished tration covering published works should of claims to copyright in published books form, and copies of the same work as reflect the facts existing at the time of manufactured in the United States of later published without change in sub­ first publication, and should not include America are made on Form A; in books1 stance bear a copyright notice containing1 information concerning changes that manufactured outside of the United a year date later than the year of un­ have occurred between the time of pub­ States of America, except those subject published registration; lication and registration. The name to ad interim provisions of the copy­ (iii) Where a book.or periodical pub­ given- as Copyright claimant in the ap­ right law, on Form A-B Foreign; and lished abroad, for which ad interim copy plication should agree with the name in books in the English language manu­ has been7 obtained, is later published in appearing in the copyright notice. factured and first published outside the the United States without change in sub­ (4) Applications should be submitted United States of America, and subject to stance and contains a year -date .in the by the copyright claimant, or by some­ the ad interim provisions of the copy­ copyright notice later than the year of one acting under his authority. right law, on Form A -B Ad Interim. first publication abroad: (5) All information requested by the (b) Ad interim registrations. (1) An* Providedrhowever, That in each of the Copyright Office application form should American edition of an English-language three foregoing types of cases, if the be given in the appropriate spaces pro­ book or periodical identical in sub­ copyright was actually secured not more vided. There should not be attached stance to that first published abroad will than one year earlier than the year date to the application any slips of paper not be registered unless an ad interim in the notice, registration may be con­ or extra pages containing additional in­ registration is first made. sidered as a doubtful case. formation, or a continuation of requested (2) When a book or periodical has ^(7) A notice is permanently covered so information. been registered under the ad interim that it cannot be seen without tearing the (.c) Forms, The Copyright Office sup­ provisions, an American edition of the work apart; * plies withoùt charge the following fo rm s same work, to be registrable', must be (8) A notice is illegible or so small that for use when applying for the registra­ manufactured and published in the it cannot be read without the aid of a tion of a claim to copyright in a work United States within five years after the magnifying glass: Provided, however, and for the filing of a notice of use of date of first publication abroad. That where the work itself requires mag­ musical compositions on mechanical (3) Since by law ad interim copyright nification for its ordinary use (e.g., a instruments. expires at the end of the ad interim microfilm, microcard or motion picture) Form A—Published book manufactured term unless an American edition is pub­ a notice which will be readable when so In the United States of America (Class A). lished during that term, a renewal ap­ magnified, will not constitute a reason Form A-B Ad Interim— Book or periodical plication covering a work registered only for rejection of the claim; in the English language manufactured and under the ad interim provisions will be first published outside the United States ' rejected. Where both an ad interim no^iee is on a detachable tag of America (Classes A-B). and vnli eventually be detached and dis- and an American edition have been reg­ Form A-B Foreign—Book or periodical istered, the registrability of the renewal ® wllen 9 ae work is put in use; manufactured outside the United States of (10) A notice is on the wrapper or America (except works subject to the ad application is governed by the date of container which is not a part of the work interim provisions of the copyright law ). the first publication abroad. a 5™ ch will eventually be- removed (Classes A-B). § 202.5 Periodical (Class B ). and discarded when the work is put in Form B—Periodical manufactured in the United States of America (Class B). This class includes such works as Form BB— Contribution to a periodical newspapers, magazines, ^reviews, bulle­ *,¥* ’¥ le notice is restricted or limited manufactured in the United States of Amer­ tins, and serial publications, published exclusively t° an uncopyrightable ele- ica (Class B). ment, either by virtue of its position on at intervals or less than a year. Appli­ Form C—Lecture or similar production cations for registration of claims to Work> by the use of asterisks, or by prepared for oral delivery (Class C) . other means. Form D—Dramatic or dramatico-musical copyright in published periodicals manu­ composition (Class D ). factured in the United States of America § 202.3 Application forms. Form E-^Musical, composition the author are made on Form B ; in periodicals, or Section 5 of title 17 of which is a citizen or domiciliary of the in contributions thereto, manufactured United States of America or which was pub­ outside the United States of America, ex­ (Pin« * Code Provides thirteen classes lished in the United States of America cept those subject to the ad interim pro­ whSf A thr?u&h Class M ) of works in (Class E ) . vision of the copyright law, on Form A -B amni!LC0?yright may be claimed. Ex- Form E Foreign—Musical composition the Foreign; and in periodicals, or in contri­ t w «i°f certain works falling within author of which is not a citizen or domi­ butions thereto, in the English language 202Sf<; ?la^se® are given in §§ 202.4 to ciliary of the United States of America and sistw ^ clusive. for the purpose of as- which was not first published in the United manufactured and first published outside States of America (Class E ). of the United States of America, and sub­ reei<5tLt^ersons’ who desire to obtain Form F—Map (Class F). ject to the ad interim provisions of the select-thn°n 0f a claim t° copyright, to /». v correct application form. Form G— Work of art or a model or design copyright law, on Form A -B Ad Interim. for a work of art (Class G ). Applications for registration of claims Works of copyright- U> All Form H—Reproduction of a work' of art to copyright in contributions to peri­ deposited for registration shall be (Class H ). odicals manufactured m the United 495$ RULES AND REGULATIONS trable in Class I, will not be refused reg­ States of America are made on Form § 202.10 Works of art (Class G). istration solely by reason of the fact BB. Application for registration of (a) General: This class includes pub­that it is known to form a part of a pend­ claims to copyright in contributions to lished or unpublished works of artistic ing patent application. Where the pat­ periodicals, which contributions are. craftsmanship, insofar as their form but ent has been issued, however, the claim prints published in connection with the not their mechanical or utilitarian as­ to copyright in the drawing will be denied sale or advertisement of an article or pects are concerned, such as artistic copyright registration. articles of merchandise, are made on jewelry, enamels, glassware, and tapes­ Form KK. tries, a& well as works belonging to the § 202.13 Photographs (Class J), § 202.6 Lectures or similar productions fine arts, such as paintings, drawings This class includes published or un­ prepared for oral delivery (Class C ). and sculpture. published photographic prints and film­ . (b) In order to be acceptable as a work strips, slide films and individual slides. This class includes the scripts of un­ of art, the work must embody some cre­ Photoengravings and other photome­ published works prepared in the first ative authorship in its delineation or chanical reproductions of photographs instance for oral delivery, such as lec­ form. The'registrability of a work of art are registered in Class K or Form K. tures, sermons, addresses,t monologs, is not affected by the intention of the panel discussions, and variety programs author as to the use of the work, the § 202.14 Prints, pictorial illustrations and commercial prints or labels prepared for radio or television. ~7The number of copies reproduced, or the fact (Class K ). ^rÆTsuhmîEed forregistrationin Class that it appears on a textile material or <3~sTfoul(T consist of the actual text of the textile product. The potential availa­ (a) This class includes prints or w,ork to be presented^ orally. Formats, bility of protection under the design pictorial illustrations, greeting cards, outlines, brochures, synopses, or general patent law will not affect the registra­ picture postcards and similar prints, descriptions of radio and television pro­ bility of a^work of art, but a copyright produced by means of lithography, pho­ grams are not registrable in unpublished claim in "a patented design or in the toengraving or other methods of repro­ form. When published With notice as drawings or photographs in a patent duction. These works when published prescribed by-law, such works may be application will not be registered after are registered on Form K. considered for registrations as “books the patent has been issued. (b) A print or label, not a trademark, in Class A. (c) If the sole intrinsic function of ancontaining copyrightable pictorial mat­ ter, text, or both, published in connection § 202.7 Dramatic and dramatico-musi- article is its utility, the fact that the with the sale or advertisement of an ar­ cal compositions (Class D ). article is unique and attractively shaped will not qualify it as a work of art. How­ ticle or articles of merchandise is also This class includes published or un­ ever, if the shape of a utilitarian article registered in this class on Form KK. In published works dramatic in character incorporates features, such as artistic the case of a print which is published in such as the acting version of plays for the sculpture, carving,, or pictorial represen­ a periodical, use Form K K iPthe print is stage, motion pictures, radio,- television tation, which can be identified separately used in connection with the sale or ad­ • and the like, operas, operettas, musical and are capable of existing inde­ vertisement of an article of merchandise, comedies and similar productions, and pendently as a work of art, such features Form BB if it is not. Multipage works pantomimes. Choreographic works of will be eligible for registration. are more appropriately classified in Class a dramatic character, whether the story A than in Class K. or theme be expressed by music and, ac­ § 202.11 Reproductions o f works of art (c) A claim to copyright cannot be tion combined or by actions alone, are (Class H ). registered in a print or label consisting subject to registration in Class D. How­ This class includes published repro­ solely of trademark subject matter and ever, -descriptions of dance steps and ductions of existing works of art in'the lacking copyrightable matter. While the other physical gestures, including ball­ same or a different medium, such as a Copyright Office will not investigate room and social dances or choreogaphic lithograph, photoengraving, etching or whether the matter has been or can be works which do not tell a story, develop a drawing of a painting, sculpture or other registered at the Patent Office, it will character or emotion, or otherwise con­ work of art. ’ ^ register a properly filed copyright claim vey a dramatic concept'or idea, are not in a print or label that contains the . § 202.12 Drawings or plastic works of a subject to registration in Class D. requisite qualifications for copyright scientific— or technical character even though there is a trademark on it. (Class I ) . § 202.8 Musical compositions (Class E ). However, registration of a claim to copy­ (a) This class includes published or (a) This class includes published or right does not give the claimant rights unpublished musical compositions in the unpublished two-dimensional drawings available by trademark registrations at form of visible notation (other than and three-dimensional plastic works the Patent Office. which have been designed for a scien­ dramático-musical compositions), with tific or technical use and which contain § 202.15 Motion pictures (Classes L -^ )- or without words, as well as new versions copyrightable graphic, pictorial, or sculp­ A single application Form L-M is of musical compositions, such as ádapta- tured material. Works registrable in available for registration Of works m tions or arrangements, and editing when Class I include diagrams or models illus­ Classes L (Motion Picture Photoplays) such editing is the writing of an author. trating scientific pr technical works or and M (Motion Pictures other tnan The words of a song, when unaccom­ formulating scientific or technical in­ Photoplays). . , , panied by music, are not registrable in formation in linear or plastic form, such (a ) ' Photoplays (Class L ). This class Class E. as, for example: a mechanical drawing, includes published or unpublished mo­ (b) ^phonograph record or other an astronomical chart, an architect’s tion pictures that are dramatic m sound recording is not considered a blueprint, an anatomical model; or an acter and tell a connected story, such a engineering diagram. feature films, filmed television plays, “copy” of the compositions, recorded oh short subjects and animated cartoons it, and is not acceptable fpr copyright (b) A work is not eligible for regis­ tration as a “plastic” work in Class I registration. Likewise, the Copyright having a plot. min** M) merely because it is formed from one of (b) Other than photoplays XCiass.M) Office does not register claims to ex­ the commonly known synthetic chemical This class includes pubiished or am? clusive rights in mechanical recordings derivatives such as styrenes, vinyl com­ lished nondramatic films such as o themselves, or in the performances they pounds, or acrylic resins. The term reels, travelogs, traM ng or prom^onal reproduce. “plastic work” as used in this context films, nature studies, and filmed t refers to a three-dimensional work giving sion programs havipg no plot. § 202.9 Maps (Class F). the effect of that which is molded or §202.16 Deposit of Z This class includes all published carto­ sculptured. Examples of such works in­ other identifying reproductions graphic representations of area, such as clude statues of animals or plants used lieu o f copies. for scientific or educational purposes, terrestrial maps and atlases, marine ( a ) Availability of option. ^thecase and engineers’ scale models. charts, celestial maps and such three-. of a published work which is rep . es (c) A claim to copyright in a scientific dimensional works as globes and relief in copies for sale, classified or technical drawing, otherwise regis­ models. Thursday, June 18, 1959 FEDERAL REGISTER 4959

(g), (h), (i), and (k) of section 5, title in the Copyright Office during the pre­ [Public Land Order 1879] 17, U.S. Code, copies of which are con­ scribed period' before the first term of [Oregon 032421 sidered by the Register of Copyrights to copyright expires, copyright protection be impracticable of deposit because of is lost permanently and the work enters OREGON their size, weight, fragility, or monetary the public domain. The Copyright Office value, photographs or other identifying has no discretion to extend the renewal Withdrawing Lands for Reclamation reproductions may be deposited in lieu time limits. Purposes, Grande Ronde Project of copies as provided by section 13, title (b) Renewal claims may be registered -By virtue of the authority vested in 17, U.S. Code. The deposit of such only in the names of persons falling the Secretary of the Interior by section photographs or reproductions shall be . within one of the classes of renewal 3 of the act of June 17, 1902 (32 Stat. made in accordance with the following^ claimants specified in the copyright law. 388; 43 U.S.C-. 416), it is ordered as criteria: ^ 5 If the work was a new version of a follows: (1) The number of sets of photographs previous work, renewal may be claimed Subject to valid existing rights, the or of reproductions to be submitted shall only in the new matter. following-described lands in Oregon are be the same as the number of copies pro­ § 202.18 Notices o f use. hereby withdrawn in the first form from vided by said section 13; duplicate sets all forms of appropriation under the shall be deposited unless the work is by a Notices of use of copyrighted musical public land laws; including the mining foreign authof and has been published in compositions oft mechanical instruments, but not the mineral leasing laws and a foreign country. Each set shall con­ required by section 1(e) of title 17, U.S. reserved for use of "the Bureau of Recla­ sist of as many photographs or repro­ Code, will be recorded upon receipt of a mation, Department of the Interior, for ductions in_ black and white, or iii color, , properly executed Form U and upon reclamation purposes in connection with as are necessary to Identify the work. payment of the prescribed fees. Notices the Grande'Rond^ Project: (2) All photographs or reproductions of intention to use will be received pur­ shall be of equal size, not less than 5 x 7 suant to section 101(e) of title 17, U.S. Willamette Meridian inches, and not exceeding 9 x 12 inches, Code; no special form is provided T. 2 S.,R. 36 E„ but preferably 8 x 10 inches. The therefor. Sec. 34, SE ^SW ^, and SW^SEVi. image of the work shown in all photo­ T. 3 S., R. 36 E., [F.R. Doc. 59—5011; Filed, June 17, 1959; Sec. 2, lots 2 and 4, SW ]4NE% , S ^N W >4, graphs or reproductions shall either be 8:A5 a.m.] lifesize or larger, or if less than lifesize SWi/4, Ny2SEi4, and S W ^ S E ^ ; shall be at least 4 inches in its greatest Sec.'3, lots 1, 2, 3, 4, SEy4NE 14; S W 14NW(4 , NVaSWVi, SE14SW 14, and SE]4; dimension. The exact measurement of Sec. 4, lot 1, S]4NE/4, Ey2SWVi, and NW(4 at least one dimension of the work shall Titlje 43— PUBLIC LANDS: SE!/4; be indicated *on at least one correspond­ Sec. 8, SE^SEi/4; ing photograph or reproduction in each INTERIOR Sec. 9, Ey2NWi4, SW ^NW ^, and W 1/, set. SW»4; (3) The copyright notice and its posi­ Chapter I— Bureau of Land Manage­ Sec. 10, E i/2, NE 14 NWi/4, and E y2 SW y4; tion on the work must be clearly shown Sec. 11, w y 2Ey2, and Wy2; ment, Department of the Interior Sec. 15, N W ^ ; on at least one corresponding photo­ Sec. 16, Ey2NE&, SW ^NE^, Wy2NWi4, APPENDIX— -PUBLIC LAND ORDERS graph or reproduction in each set. If, SE14NW 14, and Sy2; because of the size or location of the [Public Land Order 1878] Sec. 17, Ei/2NEi4, Ey2SW }4, S W ^ S W ^ , copyright notice, a photographic re­ E^SE^, and SW^SE^; production cannot be prepared, a^draw- [Nevada 045695] Sec. 20, NW !4; Sec. 30, lot 2, Ey2NEVi, and SEI4 NWI4 . ing may be included in each set, of the [1697816] same size as the photographs or repro­ Tv 5 S., R. 41 E., Sec. 7, N E ^ S W & N E ^ , S%SW*4NEi4, and ductions, showing the exact appearance NEVADA SE%NE.i4. of the notice, its dimensions, and its specific position on the work. Enlarging Ruby Lake National The areas described aggregate 3,917.60 (4) The title of the work shall appear Wildlife Refuge acres. , „• ■ .; 5 . | - on the front or back of each photograph This order shall be subject to the exist­ or reproduction. By virtue of the authority vested in ing withdrawal for power purposes so far (5) A copy shall be considered to be the President, and pursuant to Executive as it affects any of the above-described impracticable of deposit if, because of Order No. 10355 of May 26, 1952, it is lands, and shall take precedence over but its size, weight, fragility or monetary ordered as follows: not otherwise affect the existing reserva­ value, it is unsuited to the filing pro­ Subject to valid existing rights, the tion of the lands for national forest cedures of the Copyright Office. following-described public lands in Ne­ purposes; (b) Exceptions. The provisions ofvada are hereby withdrawn from all E l m e r F. B e n n e t t , this section, permitting the deposit of forms of appropriation under the public- Under Secretary of the Interior. photographs in lieu of copies in certain land laws including the mining but not J u n e l£, 1959. cases, shall not apply to fine prints and the mineral leasing laws, and reserved two-dimensional art reproductions. The for use of the United States Fish and [F.R, Doc. 59-5021; Filed, June 17, 1959; Register of Copyrights reserves the right Wildlife Service, Department of the In ­ 8:46 a.m.] m any other particular cáse to require terior, as an addition to the Ruby Lake 8*5 a condition precedent to registration, National Wildlife Refuge established by the deposit of copies xof the 'work as Executive Order No. 7923 of July 2, 1938, Published. as amended by Proclamation No. 2416 Title 46— SHIPPING of July 25, 1940: Chapter f— Coast Guard, Department § 202.17 Renewals^ Mount Diablo Meridian of the Treasury (a) Claims to renewal copyright must T. 27 N„ R. 57 E„ [CGFR 59-22] Af ri gistered within the last (28th) year oi the original copyright term. The -Sec. 25, E ^ S E ^ , unsurveyed. WORK VESTS / lglna;i term for a published work is Containing 80 acres. Pursuant to the notice of proposed rule *Pu ed from the date of first publica- E l m e r F. B e n n e t t , making published in the F ederal R e g is ­ the term fop a work originally Under Secretary of the Interior. t e r on April 9, 1959 (24 F.R. 2742-2751), *i,f1Sr^ ed *n unpublished form is com- and Merchant Marine Council Public J u n e 12, 1959. *ron? the date of. registration in Hearing Agenda GG-249, dated April 27, 0 . Copyright Office. Unless the re- [F.R. Doc. 59-5020; Filed, June 17, 1959; 1959, the Merchant Marine Council held h ea application and fee are received 8:46 a.m.] a Public Hearing on April 27, 1959, for 4960 feULES AND REGULATIONS

§§ 35.03-1 to 35.03-20, inclusive, reading Sec. the purpose of receiving comments, views 78.36- 1 Application. as follows: and data. The proposals considered were 78.36-5 Approved unicellular plastic foam identified as Items I ta XII, inclusive. Sec. work vests. The proposed regulations to govern the 35.03- 1 Application— TB/ALL. 78.36- 10 Use. use of work vests were set forth in detail 35:03-5 Approved unicellular plastic foam 78.36- 15 Shipboard stowage. as Item V II in the Agenda, CG-249, and work vests— TB/ALL. 78.36- 20 Shipboard inspections. a summary of the proposals was set forth 35.03- 10 Use— TB/ALL. 35.03- 15 Shipboard stowage— TB/ALL. V A u tho rity: §§ 78.36-1 to 78.36-20 issued in the previously mentioned F ederal 35.03- 20 Shipboard inspections— TB/ALL. under R.S. 4405, as amended, 4462, as R egister of April 9,1959. amended; 46 U.S.C. 375i, 416. Interpret or This document is the fifth of a series Au th o r ity: §§ 35.03-1 to 35.03—20 issued apply R.S. 4417, as amended, 4418, as covering the regulations ahd actions con­ under R.S. 4405, as amended, 4417a, as amended, 4426, as amended, 4453, as amended, 4462, as /amended; 46 U.S.C. 375, ' sidered at the April 27,1959, Public Hear­ ' amended, 4488, as amended, 4491, as 391a, 416. Interpret or apply sec. 2, 54 Stat. amended, secs. 1, 2, 49 Stat. 1544, as amended, ing and annual session of the Merchant^ 1028, as amended, sec. 3, 68 Stat. 675; 46 sec. 17, 54 Stat. 166, as amended, sec. 3, 54 Marine Council. The first document, U.S.C. 460a, 50 U.S.C. 198; E.O. 10402, 17 F.R. Stat. 347, as amended, sec. 3, 68 Stat. 675, CGFR 59-17, contains the actions taken 9917; 3 CFR, 1952 Supp. sec. 3, 70 Stat. 152; 46 U.S.C. 391, 392, 404, 435, 481, 489, 367, 526p, 1333, 390b, 50 U.S.C. with respect to Item V III regarding § 35.03—1 Application— TB /A LL. power-operated industrial trucks. The 198; E.O. 10402, 17 F.R. jJ017; 3 CFR, 1952 second document, CGFR 59-20, contains (a) Provisions of this subpart shall Supp. the actions taken with respect to Item apply to all tank vessels. § 78.36—1 Application. X I regarding suspension or revocation § 35.03—5 Approved unicellular plastic (a) Provisions of this subpart shall proceedings involving licenses, certifi­ foam work vests— TB/ALL. cates or documents issued to individuals. apply to all vessels inspected and cer­ The third document, CGFR 59-16, con­ (a) Buoyaht work vests carried under tificated in accordance with this sub­ tains the final actions taken with respect the permissive authority of this subpart chapter. shall conform to the specifications con­ to Item X regarding licensing or certifi­ § 78.36—5 ^Approved unicellular plastic cating of'seamen, motorboat operators, tained in Subpart 160.053 in Subchapter foam work vests. or staff officers. The fourth document, Q (Specifications) of this chaptqy. (a) Buoyant work vests carried under CGFR 59-15, contains the final actions § 35.03-10 Use— TB/ALL. ' the permissive authority of this subpart taken with respect to Item X II regarding shall conform to the specifications con­ the person in charge of a manned plat­ (a) Approved buoyant work vests are tained in Subpart 160.053 in Subchapter form and emergency signals, and with considered to be items of safety apparel Q (Specifications) of this chapter. respect to use of work vests on offshore and may be carried aboard tank vessels artificial islands and fixed structures to be worn by crew members when work­ § 78.36-10 Use. ing near or over the water under favor­ considered with Item VII. able working conditions. They shall be (a) Approved buoyant work vests are The proposals regarding work vests in ^ considered to be items of safety apparel Item V II of the Agenda are approved used under the supervision and control , of designated ship’s officers. Wh*en car­ and may be carried aboard vessels to be with several minor changes. The com­ worn by crew members when working ment requesting that similar provisions ried, such vests shall not be accepted in lieu of any portion of the required num­ near or over the water under favorable regarding work vests be added to cover working conditions. They shall be used motorboats was considered and accepted ber of approved life preservers and shall not be substituted for the approved life under the supervision and control of by adding similar regulations designated designated ship’s officers. When carried, 46 CFR 185.35-1 to 185.35-20, inclusive, preservers required to be worn during drills and emergencies. such vests shall not be accepted, in lieu to the requirements governing small pas­ of any portion of the required number senger vessels inspected and certificated § 35.03—15 Shipboard stowage— TB/ of approved life preservers and shall not under the Act of May 10, 1956 (46 U.S.C. ALL. be substituted for the approved life pre­ 390b). The use of work vests NOT ap­ (a) The approved buoyant work vests servers required to be worn during drills proved by the Commandant, U.S. Coast shall be stowed separately from the reg­ and emergencies. Guard, on inspected and certificated ves­ ular stowage of approved life preservers. § 78.36—15 Shipboard stowage. sels is prohibited by the provisions in (b) The locations for the stowage of section 4491 of the Revised Statutes, as work vests shall be such as not to^ be (a) The approved buoyant work vests amended (46 U.S.C. 489), or implement­ easily confused with that for approved shall be. stowed separately from the reg­ ing regulations. In 46 CFR 160.053-2 life preservers. ular stowage of approved life preservers. (a) a provision was added authorizing (b) The locations for the stowage of consideration to be given equivalent al­ § 35.03—20 Shipboard inspections — work vests shall be such as not to be ternate designs. TB /A LL. ' easily confused with that for approved By virtue of the authority vested in (a) Each work vest shall be subject to life preservers. me as Commandant,, United States Coast examination by a marine inspector to § 78.36-20 Shipboard inspections. Guard, by Treasury* Department Orders determine its serviceability. If found to (a) Each work vest shall be subject to 120, dated July 31, 1950 (15 F.R. 6521), be satisfactory, it may be continued in 167-1 A, dated November 26,1954 (19 F.R. examination by a marine inspector to service, but shall not be stamped by a determine it$ serviceability. If found, to 8026), 167-15, dated January 3, 1955 (20 marine inspector with a Coast Guard be satisfactory, it may be continued in F.R. 840), 167-20, dated June 18, 1956 stamp. If a work vest is found not to be service, but shall not be stamped by (21 F.R. 4894), and CGFR 56-28, dated in a serviceable condition, then such marine inspector with a Coast Guar July 24, 1956 (21 F.R. 5659), to promul­ work vest shali be removed from the ves­ stamp. If a work vest is found not to gate regulations in accordance with the sel. if -a work vest is beyond repair, it be in a serviceable condition, then sue statutes cited with the regulations below, shall be destroyed or mutilated in the work vest shall be removed from tne the following amendments and regula­ presence of a marine inspector so as to vessel. If a work vest is beyond repair, tions are prescribed and shall become prevent its continued use as a work vesti it shall be destroyed or mutilated in tne effective 90 days after the date of publi­ presence of a marine inspector so a cation of this document in the F ederal SUBCHAPTER H— PASSENGER VESSELS prevent ite continued use as a work vest. R e g is t e r : v PART 78— OPERATIONS SUBCHAPTER l— CARGO AND MISCELLANEOUS SUBCHAPTER D— TANK VESSELS VESSELS Subpart 78.86— Work Vests PART 35—^OPERATIONS PART 9>— OPERATIONS Part 78 is amended by inserting a new Subpart 97.34— Work Vests , Subpart 35.03—-Work Vests Subpart 78.36 entitled “Work Vests” to Part 97 is amended by inserting anew Part 35 is amended by inserting a new follow Subpart 78.35 and it consists of Subpart 35.03 entitled “Work Vests” to §§ 78.36-1 to 78.36-20, inclusive, reading ' Subpart 97.34 entitled ‘‘W ork ^ e^L follow Subpart 97.33 and it consists oi follow Subpart 35.01 and it consists of as follows: Thursday, June 18, 1959 FEDERAL REGISTER 4961 §§ 97.34-1, 97.34-20, inclusive, reading as titled “Work Vests, Unicellular Foam,” § 160.053—4 Inspections and tests. follows: and it consists of §§ 160.053-1 to 160.053- (a ) General. Work vests are not in­ Sec. 6, inclusive, reading as follows: 97.34- 1 Application. spected at regularly scheduled factory Sec. inspections; however, the Commander of 97.34- 5 Approved unicellular plastic foam 160.053- 1 Applicable specifications. work vests. 160.053- 2 Type. the Coast Guard District may detail a 97.34- 10 Use. 160.053- 3 Materials, construction and work­ marine inspector at any time to visit 97.34- 15 Shipboard stowage. manship. any place where work vests are manu­ 97.34- 20 Shipboard inspections. 160.053- 4 Inspections and tests. factured to observe production methods Authority : §§ 97.34-1 to 97.34-20 issued 160.053- 5 Marking. and to conduct any inspections or tests under R.S. 4405, as amended, 4462, as 160.053- 6 Procedure for approval. which may be deemed advisable. The amended: 46 U.S.C. 375, 416. Interpret or Authority : §§ 160.053-1 to 160.053-6 issued marine inspector shall be admitted to apply R.S. 4417, as amended, 4418, as under R.S. 4405; as amended, 4462, as amend­ any plqce in the factory where work is amended, 4426, as amended, 4453, as amended, ed; 46 U.S.C. 375, 416. Interpret or apply done on work vests or component mate­ 4488, as amended, 4491, as amended, secs. 1, R.S. 4417, as amended, 4417a, as amended, rials, and samples of materials enterihg 2, 49 Stat. 1544, as amended, sec. 17, 54 stat, 4418, as amended,*4426, as amended, 4453, as into construction may be taken by the 166, as amended, sec. 3, 68 Stat. 675; 46 U.S.C. amended, 4488, as amended, 4491, as amend­ ■ 391, 392, 404, 435, 481, 489, 367^526?, 1333, 50 marine inspector and tests made for ed, secs. 1, 2, 49 Stat. 1544, as amended, sec. Compliance with the applicable require­ U.S.C. 198; E.O. 10402, 17 F.R^ 9917, 3 CFR, 17, 54 Stat. 166, as amended, sec. 3. 54 Stat. 1952 Supp. ments. 347, sec. 3, 70 Stat. 152, sec. 67 Stat. 462, § 97.34—1 Application. sec. 3, 68 Stat. 675; 46 U.S.Ò. 391, 391a, 392, (b) Manufacturer’s inspection and 404, 435, 481, 489, 367, 526p, 1333, 390b, 43 tests. Manufacturers of approved work (a) Provisions of this subpart shall U.S.C. 1333, 50 U.S.C. 198; E.O. 10402, 17 F.R vests shall maintain qualify control of apply to all vessels inspected and cer­ 9917; 3 CFR, 1952 Supp. the materials used, manufacturing tificated in accordance with this sub- § 160.053—1 Applicable specifications. methods, workmanship, and the finished chapter. product so as to meet the requirements (a) Specification. The following spec­ of this specification, and shall make full § 97.34-5 Approved unicellular plastic ification of the issue in effect on the foam work vests. inspections and tests of representative date unicellular plastic foam work vests samples from each lot to maintain the (a) Buoyant work vests carried under are manufactured, form a part of this quality of their product. the permissive authority of this subpart subpart: (c) Lot size. A lot shall consist of not shall conform to the specifications con­ (1) Military specification: M IL -L - more than 500 work vests manufactured tained in Subpart 160.053 in Subchapter 17653A— Life Preserver, Vest, Work Type, at the same time. ,v Lots shall be num­ Q (Specifications) of this chapter. Unicellular Plastic. 1 * bered serially by the manufacturer, and § 97.34-10 Use. (b) Copies on file. Copies of the if at any time during the manufacture above specification, as well as the various of a lot, any change or modification in (a) Approved buoyant work vests are specifications forming a part thereof, materials or production methods is made, considered to be items of safety apparel shall be kept on file by the manufac­ a new lot shall be started. and may be carried aboard vessels to be turer, together with the certificate of (d) Test facilities. The manufacturer worn by crew members when working approval. They shall be kept for a period shall provide a suitable place and shall near or over the water under favorable consisting of the duration of approval have on hand the. necessary apparatus working conditions. They shall be used and 6 months after termination of ap­ for conducting buoyancy tests in com -' under the supervision and control of des­ proval. Federal Specifications may be pliance with-this specification. The ap­ ignated ship’s officers. When carried, purchased from the Business Service paratus shall include accurate -spring such vests shall not be accepted in lieu Center, General Services Administra­ scales of adequate capacity, weighted of any portion of the required number of tion, Washington 25, D.C. Military spec­ wire mesh baskets, and a test tank or approved life preservers and shall not be ifications may be obtained from the tanks which can be locked or sealed in substituted for the approved life preserv­ Bureau of Supplies and Accounts, De­ such a manner as to preclude disturb­ ers required to be worn during drills and partment of the Navy, Washington 25, emergencies. ance of work vests undergoing tests or D.C. change in water level. § 97.34—15 Shipboard stowage. § 160.053-2 Type. (e> Buoyancy— ( 1) buoyancy test (a) The approved buoyant work vests method. Remove the buoyant inserts shall be stowed separately from the reg­ (a) Unicellular plastic foam work from the vest. Securely attach the vests specified by this subpart shall be ular stowage of approved life preservers. spring -scale in a position directly over of the type described in Military Speci­ (b) The locations for the stowage of the test tank. Suspend the weighted fication MIL-L-17653A, but alternate de­ work vests shall be such as not to be wire basket from the scale in such a easily confused with that for approved signs equivalent in materials, construc-- manner that the ’basket can be weighed fife preservers. tion, performance, and workmanship while it is completely under water. In will, be given consideration. order to measure the actual buoyancy § 97.34—20 ^Shipboard inspections. provided by the inserts, the underwater § 160.053—3 Materials, construction and weight of the empty basket should ex­ (a) Each work vest shall be subject workmanship. . examination by a marine inspector ceed the buoyancy of the inserts. To oetermine its serviceability. If found (a) General. The materials, construc­ obtain the buoyancy of the inserts, pro­ e satisfactory, it may be continued tion and workmanship of unicellular ceed as follows: service, but shall not be stamped by plastic foam work vests specified by (1) Weigh the empty wire basket under water. marine inspector with a Coast Guai this subpart shaH conform to the re­ (ii) Place the inserts inside the basket stamp, if a work vest is found not quirements of Military Specification and submerge it so that the top of the *.n a serviceable condition, then su< MIL-L-17653A, except as otherwise spe­ v ° , vest sha11 be removed from tl basket is at least 2 inches below the sur­ cifically provided by this subpart. face of the water. Allow the inserts to ifcl ii a work vest is- beyond repai « snan be destroyed or mutilated in, tl (b) Color of envelope. Indian Orange, remain submerged for 24 hours. The Cable No. 70072, Standard Color Card of tanlrshall be locked or sealed during this nrpS?e-.°f a marine inspector so as prevent its continued use as a work vel America, will be acceptable in lieu of 24-hour submergence period. the Scarlet-Munsell 7.5 red 6/10 color (iii) After the 24-hour submergence specified for envelopes or covers by para­ period, unlock the tank and weigh the SUBCHAPTER Q— SPECIFICATIONS • graph 3.1.1.1 of Specification M IL -L - wire basket with the inserts inside while PART 160— LIFESAVING EQUIPMENT 17653A. both are still under water. (v) Color of webbing and thread. The (iv) The buoyancy is computed as (i) Subpart 160.053— Work Vests, 'minus (iii) . color of the webbing and thread need Unicellular PlasticJForm (2) Buoyancy required. The buoyant not match the color of the envelope as inserts from work vests shall provide not ¿ 5 “5 160 is amended by adding at the specified by paragraphs 3.1.3 acid 3.2.8 less than 17 pounds buoyancy in fresh a hereof a new Subpart 160.053 en- of Spècification MIL-L-17653A. water.

I 4962 RULES AND REGULATIONS titled “Work Vests” and it consists of § 160.053—5 Marking. Sec. 167 A3—10 Use. §§ 185.35-1 to 185.35-20, inclusive, read­ (a ) General, Each work vest shall be 167.43- 15 Shipboard stowage. ing as follows: marked with a rectangular cloth tag at­ 167.43- 20 Shipboard inspections. Sec. tached to the envelope by stitching along Au th o rity: §§ 167.43-1 to 167.43-20 issued 185135—1 Application. all edges of the tag. The following in­ under R.S. 4405, as amended, 46 U.S.C. 375. 185.35-5 Approved unicellular plastic foam formation shall be plainly printed in Interpret or apply R.S. 4417, as amended, work vests. waterproof ink on each tag: 4418, as amended, 4426, as amended, 4453, as 185.35- 10 Use. amended, 4488, as amended, 4491, as 185.35- 15 Shipboard stowage. WORK VEST FOR MERCHANT VESSELS amended, 41 Stat. 305, as amended, secs. 1, 185.35- 20 Shipboard inspections. U.S. Coast Guard Approval No------2, 49 Stat. 1544, as amended, sec. 17, 54 Stat. 166, as amended, sec. 3, 68 Stat. 675; 46 U.S.C. A u t h o r it y : §§ 185.35—1 to 185.35-20 issued Lot No. 391, 392, 404, 435, 481, 489, 363, 367, 526p, 50 under sec. 3, 70 Stat. 152; 46 U.S.C. 390b. Interpret or apply R.S. 4488, as amended, This vest is filled with unicellular plastic U.S.C. 198; E.O. 10402, j.7 F.R.9917, 3 CFR, 4491, as amended; 46 U.S.C. 481, 489. foam, which repeated wettings will not in­ 1952 Supp. . jure. \ When vest is wet, hang up and dry § 167.43—1 Application. § 185.35—1 Application. thoroughly. (a) Provisions of this subpart shall (Name and Address of Manufacturer.) (a) Provisions of this subpart shall apply to all vessels inspected and cer­ apply to all vessels inspected and cer­ (b) Additional marking required. In tificated in accordance with this sub- tificated in accordance with this sub­ addition to the wording included on the chapter. chapter. marking tag, on a front compartment of § 167.43—5 Approved unicellular plastic § 185.35—5 Approved unicellular plastic each work vest there shall be stenciled foam work vest. foam work vests. in waterproof ink in letters not less1 than one inch in height, the words, “W O R K (a) Buoyant work ve^s carried under (a) Buoyant work vests carried under -the permissive authority of this subpart VEST ONLY.” the -permissive authority of this subpart (c) Waterproofness of marking tags. shall conform to the specifications con­ shall conform to the specifications con­ Marking tags shall be sufficiently water­ tained in Subpart 160.053 in Subchapter tained in Subpart 160.053 in Subchapter proof so that after 48 hours submergence Q (Specifications) of this chapter. Q (Specifications) of this chapter. in water, they will withstand rubbing by § 167.43-10 Use. § 185.35-10 Use. hand with moderate pressure while wet (a) Approved buoyant work vests are without the printed matter becoming (a) Approved buoyant work vests are considered to be items of safety apparel illegible. -considered to be items of safety apparel and may be carried aboard vessels to be and may be carried aboard vessels to be § 160.053-6 Procedure for approval. worn by crew members when working worn by crew members when working near or over the water under favorable (a) General. Work vests for use on near or over the water under favorable merchant vessels are approved only by working conditions. They shall be used working conditions. They shall be used under the supervision and control of the Commandant, U.S. Coast Guard, under the supervision and control of des­ designated ship’s officers. When carried, Washington 25, D.C. Application for ignated ship’s officers. When carried, approval and correspondence pertaining such, vests shall not be accepted in lieu such .vests shall not be accepted in lieu of any portion of the required number to this specification shall be addressed to of any portion of the required number of_ of approved life preservers and shall not * the Commander of the Coast Guard Dis­ approyed life-preservers and shall not be be substituted for the approved life pre­ trict in which the factory is located. substituted for th e ' approved life pre­ servers required to be worn during drills (b ) ' Pre-approval samples and tests.servers required to be worn during drills, Upon receipt of an, application for ap­ and emergencies. and emergencies. proval of work vests, the Commander of § 167.43—15 Shipboard stowage. § 185.35-15 Shipboard stowage. the Coast Guard District will detail a (a) The approved buoyant work vests marine inspector to Vthe factory to ob­ (a) The approved buoyant work vests serve the production facilities dnd manu­ shall be stowed separately from tjie reg­ shall bp stowed separately from the reg­ facturing methods and to select, f rom not ular stowage of approved life preservers. ular stowage of approved life preservers. less than ten work vests already manu­ (b) The locations for the stowage of (b) The locations for the stowage of factured, not less than three for exami­ work vests Shall be such as not to be work vests shall be such as not to be nation and test for compliance with the easily confused with that for approved easily confused with that for approved life preservers. requirements of this specification. A life preservers. copy of the marine inspector’s report, § 167.43-20 Shipboard inspections. together with a fourth specimen vest § 185.35-20 Shipboard inspections. (a) Each work vest shall be subject to and one set of pad inserts selected from (a) Eaeh work vest shall be subject examination by a marine inspector to those already manufactured will be for­ to examination by a marine inspector to warded to the Commandant,'and if determine its serviceability. If found to be satisfactory, it may be cofitinued in determine its serviceability. If 1°™ satisfactory, an official approval number to be satisfactory, it may be continued in will be assigned to the manufacturer for service, but shall not be stamped by a marine inspector with a Coast Guard service, but shall not be stamped by the work vest submitted. stamps If a work vest is found not to marine inspector with a Coast Guar be in a serviceable condition, then such stamp. If a work vest is found not to b SUBCHAPTER R— NAUTICAL SCHOOLS work vest shall be removed from the ves- in a serviceable condition, then - sel. If a work vest is beyond repair, it PART 167— PUBLIC NAUTICAL work vest shall be Removed from the ves-. shall be destroyed or mutilated in the sel. If a work vest is beyondrepair, SCHOOL SHIPS presence of a marine inspector so as to shall be destroyed or mutilated i Subpart 167.43——'VVork Vests prevent its continued use as a work vest. presence of a marine inspector soi as prevent its continued use as a work Part 167 is amended by inserting a new SUBCHAPTER T— SMALL PASSENGER VESSELS Subpart 167.43 entitled “Work Vests” to Dated: June 12, 1959. follow Subpart 167.40 and it consists of (NOT MORE THAN 65 FEET IN.LENGTH) §§ 167.43-1 to 167.43-20, inclusive, read­ [SEAL], > A. C. RICHMOND PART 185— OPERATIONS Vice Admiral, U.S. Coast Guard, ing as follows: Commandant. Sec. Subpart 187.35— Work Vests 167.43- 1 Application. Eart 185 is amended by adding at the [FR. Doc. 59-5051; Filed, June 17, 19 167.43- 5 Approved unicellular plastic foam 8:51 a.m.] work vests. end thereof a new Subpart 187.35 en- Thursday, June 18, 1959 FEDERAL REGISTER 4963

Puerto Rico (RCPR), and the National Title 47— TELECOMMUNICATION Committee for Utilities Radio (N C U R ). Chapter I— Federal Communications 3. The AACR and RCPR favored the PROPOSED proposal and NCUR offered no objection. Commission All are in agreement that the assignment RULE MAKING [Docket No. 12852; FCC 59-559] of frequencies in the 952-960 Me band to the International Fixed Public Services PART 2— FREQUENCY ALLOCATIONS be limited to Puerto Rico and the Virgin AND RADIO TREATY MATTERS; Islands. POST OFFICE DEPARTMENT GENERAL RULES AND REGULA­ 4. In view of the foregoing: I t is or­ [ 39 CFR Part 95 1 dered, That pursuant to the authority TIONS contained in sections 303.(c), (f) and (r) TRANSPORTATION OF MAIL BÉYOND of the Communications Act of 1934, as BORDERS OF UNITED STATES International Fixed Public Radio- amended, Part 2 of the*“ Commission's Communication Service in Puerto rules is amended, effective July 10,1959, Transportation and Protection of Mail Rico and the Virgin Islands as set forth below. Between Post-Offices and Ships In the matter of amendment of Part 2 (Sec. 4, 48 Stat. 106,6( as amended; 47 U.S.C. Paragraph (c) of § 95.1, Title 39, Code of the Commission’s rules and regulations 154. Interprets or applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303.) Of Federal Regulations, deals with the to provide for the assignment of fre­ protection to be accorded mail during the quencies in the 952-960 Me band to sta­ Adopted: June 10,1959.' course of its transportation between post tions in the International Fixed Public Released: June 12,1959. offices and steamship piers. The last Radio-communication Service in Puerto sentence of the paragraph presently pro­ Rico and the Virgin Islands; Docket No. - < F ederal C ommunications vides that “when a rack type truck is 12852. C o m m is s io n , used the sacks shall be covered by a 1. On April 15, 1959, the Coinmission M a r y ^Ja n e M o r r is, tarpaulin.” adopted a Notice o f Proposed Rule Mak­ v Secretary. From information before the Depart­ ment it appears that there is some mis­ ing in the above-entitled matter which Section 2.104(a) (5) is amended in the was released on April 16, 1959, and pub­ band 942-960 Me in columns 7 through interpretation of this requirement of the lished in the F ederal R eg ister on April 11 to read as follows: regulations. It is proposed, therefore, 21, 1959 (24 F.R. 3057). ' to restate and clarify this requirement. , 2. The period for filing comments and § 2.104 Frequency allocations. The proposed amendment relates to a reply comments in this matter expired on (a) Table of frequency allocations. proprietary function of the Government May 28, 1959, Comments were received * * * and hence is exempt from the pule mak­ from the All America Cables and Radio, * * * * * ing requirements of the Administrative Inc. (AACR), Radio Corporation of (5) * * * Procedure Act (5 U.S.C. 1003). However, it is the desire of the Postmaster General voluntarily to' observe the rule making Band M e Service Class of station Fre- Naturei0F SERVICES, requirements of the Administrative Pro­ quency ^ arare W stations cedure Act in matters of this kind, and 7 - 9 ,. 10 11 to afford the patrons of the Postal Serv­ J • ' V ' 4* " '-C •. ice air opportunity to present written * * * views concerning the proposed amend­ ment. Accordingly, such written views may. be submitted to Mr. Greever P. 942-9^2 ' Fixed !______a. A M broadcast (N O 13) STL. Allan, Director, International Service (NG101). b. F M broadcast Division, Bureau of Transportation, Post STL (NG14). Office Department, Washington 25, D.C., c. International at any time prior to the expiration of 30 aeronautical fixed days from the date of publication of (Alaska, this document. The proposed amend­ Hawaii & ment is as follows: U.8. Pos­ sessions ’ In § 95.1 Transportation and protec­ only). tion of mail between.post offices and d. International fixed public ships, amend paragraph (c) by striking g f (Alaska, out the last sentence reading “When a Hawaii and U.S. Pos­ rack type truck is used the sacks shall sessions be covered by a tarpaulin” and by insert- - only). ing in lieu thereof a sentence reading e. Television S T L (audio “When open-top trucks are used the only). sacks shall be covered by a fire-proof and 952-960 1 Fixed'... a. international rain-proof tarpaulin which must be (NG15). fixed public fastened securely to the body of the (Puerto Rico and truck”, so that the. paragraph will read; the Virgin Islands (c) Vehicles and attendants. Each ónly). vehicle used to transport mail between b. International post offices and vessels, except the com- control. c. Operational , > ■' pletely'closed van type, shall be provided fixed. with a man to ride on the rear of the ve­ hicle to protect the mail. The mail com­ partment of the completely closed van [F.R. Doc. 59-5061; Filed, June 17, 1959; 8:51 a.m.] No. 119------a type vehicle must be locked or sealed. PROPOSED RULE MAKING 4964 Pursuant to the provisions of section quotas by county committees substan­ When open-top trucks axe used the sacks tially the same as provided with respect shall be covered by a fire-proof and rain­ 312 of the Act, as amended, the Secre­ tary of Agriculture has proclaimed mar­ to the 1959 crops (23 F.R. 5322, 7877), proof tarpaulin which must be fastened (23 F.R. 5329, 7878; 24 F.R. 2676), and securely to the body of the truck. keting quotas for the 1960-61 marketing year for burley, flue-cured, fire-cured, (23 F.R. 5334, 7879). However, the fol­ (R.S. 161, as amended, 396, as amended, 398, dark air-cured, Virginia sun-cured and lowing changes are contemplated: as amended, 3962, as amended, 4009, as 1. Sections 725.1022, 723.1022 and amended, 4010, as amended, Sec. 1, 62 Stat. Maryland tobacco, respectively. In ac­ cordance with section 312 of the Act, the 727.1022, with respect to determination 777; 5 U.S.C. 22, 369, 372, 18 U.S.C. 169£, 39 of old farm tobacco normal yields, would U.S.O. 443, 654, 655) amounts of siich marketing quotas will be determined and announced, and under be changed for 1960 to read as follows: [ s e a l ] H erbert B. W arbtjrton, section 313 of the Act will be apportioned “Determination of old farm normal General Counsel. kmong the States, converted into State yields. The normal yield for any old farm shall be that yield which the county [F.R. Doc. 59-5046; Filed, .June 17, 1959; acreage allotments, apd allotted to 8:50 a.m.] farms. Growers^ of burley, flue-cured, committee determines is normal for the fire-curëd, dark air-cured and Virginia farm taking into consideration (a) the sun-cured tobacco, respectively, aP- yields obtained on the farm during the proved marketing quotas' for such kinds five years 1954-58, (b) the soil and other DEPARTMENT OF AGRICULTURE of tobacco as follows: physical factors affecting the production of tobacco on the farm, and (c) the Commodity Stabilization Service yields obtained on other farms in the F.R . citation Marketing years * Kind locality which are similar with respect [ 7 CFR Parts 723,725,727 ] to such factors.” 24 F.R . 356— 1950-60, 1960-61, CERTAIN TYPES OF TOBACCO 1961-62. 2. Sections 725.1025, 723.1025 and 24 F.R . 2271— 1959-60, 1960-61, 727.1025, with respect to determination 1961-62. Establishment of Farm Acreage Allot­ of new farm tobacco normal yields, would Fife-cured ---—------23 F.R . 2072... 1958-59, 1959-60. ments and Normal Yields for the 1960-61. be changed for 1960 to read as follows: 23 F.R . 2072— 1958- 59, 1959-60, 1960-61 Marketing Year 1960- 61. “Determination of new farm normal Virginia sun-cured.. 24 F.R . 2271— 1959- 60, 1960-61, yields. The normal yield for a new farm Notice is hereby given that, pursuant 1961- 62. shall be that yield per acre which the to the authority contained in the ap­ county committee determines is normal plicable provisions of the Agricultural Pursuant to the provisions of section forHne farm as compared with yields for Adjustment Act of 1938, as amended (7 312 of the Act, as amended, the Secre­ other farms in the locality on which the %.S.C. 1301,1312,1313,1375), regulations tary of Agriculture is required to pro­ soil and other physical factors affecting are being prepared governing the estab­ claim marketing quotas for-the 1960-61, the production of tobacco are similar.” lishment of farm acreage allotments 1961-62, and 1962-63 marketing years 3. It is proposed that paragraph (b) of and normal yields-for the 1960 crop of for cigar-binder (types 51 & 52) ^tobacco § 725.1020 be eliminated for 1960. This (1) cigar-binder (types 51 & 52) tobacco, and for cigar-filler and binder (types 42, would include dropping the wording “and and cjgar-filler and binder (types 42, 43, 43, 44, 53, 54 & 55) tobacco^ It is neces­ (b) transfer of allotments for flooded 44, 53, 54 & 55) tobacco, (2) burley, flue- sary that regulations be issued and acre­ farms in Florida” from the title of cured, fire-cured (type 21), fire-cured age allotments determined for the 1960- § 725.1020 (§s725.1120 for 1960) which (types 22, 23 & 24), dark air-cured, and 61 marketing >year for such two kinds was added by amendment 2 (24 F.R. Virginia sun-cured tobacco, and (3) of tobacco. The regulations to be issued 2676). Also, the “(a)^ designation for Maryland tobacco. will be applicable to the determination paragraph (a) of § 725.1020 would be The Agricultural Adjustment Act of of 1960 farm acreage allotments, which dropped for 1960. 1938, as amended, includes only type 41 allotments will remain in effect whether Prior to the final adoption and issu­ tobacco in the definition of cigar-filler or not quotas are approved by growers ance of these regulations, consideration tobacco. Producers of cigar-filler (type for the 1960 crop in a referendum to be will be given to any data, views, and 41) tobacco disapproved marketing held in late 1959 or in early 1960, but recommendations pertaining thereto quotas for such kind of tobacco for the marketing quotas will not be applicable which are submitted in writing to the three marketing years beginning Oc­ to the 1960 crop if quotas are disapproved Director, Tobacco Division, Commodity tober 1, 1959 (24 P R. 2271), and pre­ for such crop by growers voting in a Stabilization Service, United States De­ viously thereto had disapproved market­ referendum. Consideration will be given partment of Agriculture, Washington 25, ing quotas for three successive years to suggestions for a date on which the D.C. All submissions must be post- , subsequent to 1952 (18 F.R. 8474, 19 P.R. referendum will be held. Marketing marked not later than ten days after the .9365, 21 F.R. 667). Hence, pursuant to quotas for cigar-binder (types 51 & 52) date of publication of this notice in the the provisions of section 312 of the Agri­ tobacco and for cigar-filler and binder F ederal R eg ister in order to be con­ cultural Adjustment Act of 1938, as (types 42, 4a, 44, 53, 54 & 55) tobacco sidered. amended, no acreage allotments and were approved by growers voting in ref­ marketing quotas will be determined for Issued at Washington, D.C., this 12th erenda for the 1957-58, 1958-59, and day of June 1959. such kind of tobacco for the 1960 and 1959-60 marketing years (22 F.R. 2035) . 1961 crops of such tobacco unless the In accordance with section 312 of the C lar en c e D. P a l m b y , Acting Administrator, required number of producers petition Act, the amounts of such marketing the Secretary to proclaim buch quotas in quotas will be determined and an­ Commodity Stabilisation Service. accordance with said section. nounced, and under the provisions of Maryland tobacco growers disapproved [F.R. Doc. 59-5060; Filed, June 17, 1959; section 31:3 of the Act (7 U.S.C. 1313), 8:51 a.m.] quotas for the 1959, 1960, and 1961 crops such quotas will be apportioned among in a referendum held on February 24, 1959 (24 F.R. 2271). The regulations to the States, converted into State acreage be issued will be applicable to the deter­ allotments and allotted to farms. L FEDERAL AVIATION AGENCY mination of 1960 farm acreage allot­ It is contemplated that the regulations ments, which allotments will remain in for ( 1) cigar-binder (types 51 & fi2) [ 14 CFR Part 600,601 1 effect whether or not quotas are ap­ tobacco, and cigar-filler and binder [Airspace Docket 59-NY-3a] proved by growers for the 1960 crop, in (types 42, 43, 44, 53, 54 & 55) tobacco, a referendum to be held in late 1959.or respectively, (2) burley, flue-cured, fire- FEDERAL AIRWAYS AND CONTROL in early 1960, but marketing quotas will cured, dark air-cured and Virginia sun- AREAS not be applicable to the 1960 crop if cured tobacco, respectively, and (3) Revocation of Segment of Federal A l­ quotas are disapproved for such crop by Maryland tobacco, will provide for es­ growers voting in a referendum. Con­ ways and Associated Control Area tablishment of farm acreage allotments sideration will be given to suggestions for 1 Pursuant to the authority delegated to and normal yields and the issuance *of a date on which the referendum will be me by the Administrator (§ 4Q9.i3i notices of allotments and marketing held. Thursday, June 18, 1959 FEDERAL REGISTER ■ ( V - — . v 4965 F.R. 3498), notice is hereby given that the northeast course of the Bridgeport, Agency, Washington 25, D.C. Any data, the Federal Aviation Agency is consider­ Connecticut, radio range and the south­ ing an amendment to Parts 600 and „601 views or arguments presented during east course of the Hartford, Connecticut, such conferences must also be submitted of the regulations of the Administrator, radio range” and substitute therefor “to as hereinafter set forth. in writing in accordance with this notice the Bridgeport, Connecticut, radio range in order to become part of the record for Red Federal airway Up. 21 presently station. From the intersection of the consideration. The proposal contained extends from New York, New York to southeast course of the Hartford, Con­ Boston, ^Massachusetts. An IFR Peak- in this nbtice may be changed in the necticut, radio - range and the west light of comments received. Bay Airway Traffic Survey for each half course of the Quonset Point, Rhode of the calendar year 1958 shows only two The official Docket will be available Island (NAVY), radio range.” for examination by interested persons at aircraft movements for the segment from 2. Section 601.221 Red Federal airway the Docket Section, Federal Aviation Bridgeport, Connecticut to Hartford, No. 21 Control areas (New York, New Agency, Room B-316, 1711 New York Connecticut. On the basis of the survey, York, to Boston, Massachusetts) is it appears that the retention of this air­ Avenue, NW., Washington 25, D.C. An amended as follows: informal Docket will also be available for way segment and its associated Control area is unjustified as an assignment of § 601.221 Red Federal airway No. 21 inspection at the office of the Regional Administrator. airspace and that the revocation thereof Control areas (New York, New York, to Bridgeport, Connecticut, and Hart­ This' amendment is proposed under would be in the public interest/; If such action is taken, Red Federal airway Nor ford, Connecticut, to Boston, Massa­ sections 307(a) and 313(a) of the Fed­ chusetts) . , 1 ^ eral Aviation Act of 1958 (72 Stat. 749, 21 and the Control area associated with 752; 49 U.S.C. 1348, 1354). it would then extend from New York, All of Red Federal airway No. 21. New York to Bridgeport, Connecticut and In consideration of the foregoing, it is Issued in Washington, D.C., on June proposed to revoke Red Federal airway from Hartford, Connecticut to Boston, 12, 1959. Massachusetts. No. 112 by amending Parts 600 and 601 D. D. T h o m a s , (14 CFR 1958, Supp. Parts 600, 601) as Interested persons may submit such Director, follows: written data, views or arguments they Bureau of Air Traffic Management. 1-. Section 600.312 may desire. Communications should be Red Federal airway submitted in triplicate to the Regional [F.RT. Doc. 59-5034; Filed, June 17, 1959; No. 112 (Albany, New York, to Westfield, Massachusetts) is revoked. Administrator, Federal Aviation Agency, 8:48 am .] New York International Airport, Ja­ 2. Section 601.312 Red Federal airway maica, Long Island, New York. All com­ No. 112 Control area (Albany; New York, munications received within thirty (30) to Westfield, Massachusetts) is revoked. days after publication of this notice in t 14 CFR Parts 600,60*1 ] Issued in Washington, D.C., on June the F ederal R egister will be considered 12, 1959. [Airspace Docket S9-NY-3b], before action is taken on the proposed D. D. T h o m a s , amendment. No public hearing is con­ FEDERAL AIRWAYS AND- Director templated at this time, but arrangements CONTROL AREAS Bureau of Air Traffic Management. for informal conferences with Federal [F.R.X Doc. 59-5035; Filed, June 17, 1959; Aviation Agency officials may be made by Revocation of Federal Airway and 8:48 a.m.] . contacting the Regional Administrator, Associated Control Area or the Chief, Airspace Utilization Divi­ sion, Federal Aviation Agency, Washing­ Pursuant to the authority delegated to me by the Administrator (]} 409.13, 24 ton 25, D.C. Any data, Views or argu­ C 14 CFR Parts 6d0, 601 3 ments presented during such conferences F.R. 3498), notice is hereby given that must also be submitted in Writing in ac­ the Federal Aviation Agency is consider­ [Airspace Docket 59-NY-3c] ing an amendment to Parts 600 and 601 cordance with this notice in order to be­ FEDERAL AIRWAYS AND come part of the record for considera­ of the regulations of the Administrator, tion. The proposal contained in this as, hereinafter set forth. CONTROL AREAS notice may be changed in the light of Red Federal airway No. 112 presently Revocation of Segment of Federal comments received. extends from Albany, New York to West- field, Massachusetts. A h IFR Peak-Day 'Airways and Associated Control The official Docket will be available Area / for examination by interested person Airway Traffic Survey for each half of at the Docket Section, Federal Aviatioi the calendar year 1958 shows only four Pursuant to the authority delegated to Agency, Room B-316, 1711 New Yorl aircraft movements. On the basis of the me by the Administrator (Part 409.13, 24 Avenue NW., Washington 25, D.C. Ai survey, it appears that the retention of F R . 3498), notice is hereby given that the informal Docket will also be availabh this airway and its associated Control Federal Aviation Agency is considering . inspection at the office of the Re­ area is unjustified as an assignment of an amendment to Parts 600 and 601 of gional Administrator. airspace and that the revocation thereof the regulations of the Administrator, as This amendment is proposed unde: would be in the public interest. If such hereinafter set forth. sections 307(a) and 313(a) of the Fed- action is taken, Red Federal airway Blue Federal airway No. 17 presently 7KO "ViationAct of 1958 (72 Stat. 749 No. 112 and the Control area associated extends from Bangor, Maine to Presque "52; 49 U.S.CT1348, 1354). with it would be revoked from Albany, Isle, Maine. An TFR Peak-Day Traffic In consideration of the foregoing, il New- York to Westfield, Massachusetts. Survey for each half of the calendar to revoke the Bridgeport Interested persons may submit such year 1958 shows only two aircraft move­ written data, views or argumente they mp^eCi1Cn "Hartford’ Connecticut seg- ments. On the basis of the survey, it Red Federal airway No. 21 bj may desire. Communications should be appears that the retention of this air­ lS »n New York>t0 Boston the Cdntrol area associated with it would in the F ederal R eg ist e r will be con­ (a) n ? ^ eiis> îs amended às follows: be revoked from Bangor, Maine to sidered before action is taken on the pro-, Presque Isle, Maine. S to n £\ York> X*# York, tc posed amendment. No public hearing is therefnV M,f f ^ chusetts'> ” an d. substitut« Interested persons may submit such contemplated at,this time, but arrange­ written data, views or arguments they Bri/I , Œew York> Nev) York, tc ments for informal conferences with CovvoP+-rt’ Cohnecticut, and Hartford may desire. Communications should be cticut, to Boston, Massachusetts) ”, Federal'Aviation Agency officials may be submitted in triplicate to the Regional made by contacting the Regional Ad­ Administrator, Federal Aviation Agency, radin ~ flete “Bridgeport, Connecticut, ministrator, or the Chief, Airspace ange station to the intersection of New York International Airport, Ja­ Utilization Division, Federal Aviation maica, Long Island, New York. All com- PROPOSED RULE MAKING 4966 thereof would be in the public interest. ing an amendment to Parts 600 and 601 munications received within thirty (30) of the regulations of the Administrator, days after publication of this notice in If such action is taken, Blue Federal air­ way No. 53 and the Control area asso­ as hereinafter set forth. the F ederal R egister will be considered ciated with it would then be revoked. Slue Federal airway No. 84 presently before action is taken on the proposed extends from Augusta, Maine to Milli- amendment. No public hearing is con­ Interested persons may submit such written data, views or arguments they nocket, Maine. An IFR Peak-Day Airway templated at this time, but arrangements Traffic Survey 'for each half of the cal­ for informal conferences with Federal may desire. Communications should be submitted in triplicate to the Regional endar year 1958 shows only five aircraft Aviation Agency officials may be made by movements for the segment from Bangor, contacting the Regional Administrator, Administrator, Federal Aviation Agency, Maine to Millinocket, Maine. On the or the Chief, Airspace Utilization Divi­ New York International Airport, Ja­ maica, Long Island, New York. All com­ basis of the survey, it appears that the sion, Federal Aviation Agency, Washing­ retention of this airway segment and its ton 25, D.C. Any data, views or argu­ munications received within thirty (30) days after publication of this notice in associated Control area is unjustified as ments presented during such conferences an assignment of airspace and that the must also be submitted in writing in ac- the F ederal R e g ister will be considered beforer action is taken on the proposed revocation thereof would be in the public ' cordance with this notice in order to be­ interest. If such action is taken, Blue come part of the record for consideration. amendment. No public hearing is con­ templated at this time, but arrangements Federal airway No. 84 and the Control The proposal contained in this- notice area associated with it would then ex­ may be changed in the light of comments for informal conferences with Federal Aviation Agency officials may be made tend from Augusta, Maine to Bangor, received. by Contacting the Regional Administra­ Maine. - The official Docket will be available for Interested persons may. submit such examination by interested persons at the tor, or the Chief, Airspace Utilization Division, Federal Aviation Agency, written data, views or arguments they Docket Section, Federal Aviation Agency, may desire. Communications should be Room B-316, 1711 New York Avenue Washington 25, D.C. Any data, views or arguments presented during such con­ submitted in triplicate to the Regional NW., Washington 25, D.C. An informal Administrator, Federal Aviation Agency, Docket will also.be available for inspec­ ferences must also be submitted in writ­ ing in accordance with this notice in New York International Airport, Ja­ tion at the office of the Regional maica, Long Island, NewL York. All com­ Administrator. order to become part of the record for consideration. The proposal contained in munications received within thirty (30) This amendment is proposed -under days after publication of this notice in sections 307(a) and 313(a) of the Fed- , this notice may be changed in the light of comments received. the F ederal R egister Will be considered eral Aviation Act of 1958 (72 Stat. 749, before action is taken on the proposed 752; 49 U.S.C. 1348, 1354)'. The official Docket will be available for examination by interested persons amendment. No public hearing is con­ In consideration of the foregoing, it is templated at this time, but arrangements proposed to revoke Blue Federal airway at the Docket Section, Federal Aviation Agency, Room B-316, 1711 New York for inf minai conferences with Federal No. 17 by amending Parts 600 and 601 Aviation Agency officials may be made by (14 CFR, 1958, Supp. Parts 600, 601) as Avenue NW., Washington 25, D.C. An inforihal Docket will also be available contacting the Regional Administrator, follows: for inspection at the office of the Re­ or the Chief, Airspace Utilization Divi­ 1. Section 600.617 Blue Federal airway sion, Federal Aviation Agency, Wash­ No. 17 (Bangor, Maine, to Presque Isle, gional Administrator. This amendment is proposed under ington 25; D.C. Any data, views or argu­ Maine) is revoked. ments presented during such conferences 2. Section 601.617 Blue Federal airway sections 307(a) and 313(a) of the Fed­ eral Aviation Act of 1958 (72 Stat. 749, must also be submitted in writing in No. 17 Control area (Bangor, Maine, to accordance with this notice in order to Presque Isle, Maine) is revoked. 752; 49 U.S.C. 1348, 1354). In consideration of' th^ foregoing, it become part of the record for considera­ Issued in Washington, D.C., on June is proposed to revoke Blue Federal air­ tion* The proposal contained in this 12, 1959. X way No. 53 by amending Parts 600 and notice may be changed in the light of D. D, T h o m a s , 601 (14 CFR, 1958, Supp. Parts 600, 601) comments received.^ 1 The official Docket will be available for Director, as follows: examination by interested persons at the Bureau of Air Traffic Management. 1. Section 600.653 Blue Federal air- ■ way No. 53 (Providence, Rhode Island, Docket Section, Federal Aviation Agency, (F.R. Doc. 59-5036; Filed, June 17, 1959; Room B-316, 1711 #New York Avenue 8:48 a.m.] to Hartford• Connecticut) is revoked. NW., Washington 25, D.C.,. An informal 2. Section 601.653 Blue Federal air­ Docket will also be available for in­ way No. 53 Control area (Providence, Rhode Island, to Hartford, Connecticut) spection at the office of the Regional is revoked. Administrator. [ 14 CFR Parts 600,601 1 This amendment- is proposed under [Airspace Docket 59-NY-3d] Issued in Washington, D.C., on June sections 307(a) and 313(a) of the Federal 12, 1959. Aviation Act of 1958 (72 Stat. 749, 752, ^ FEDERAL AIRWAYS AND D. D. T h o m a s , 49 U.S.C. 1348, 1354) . CONTROL AREAS Director, In consideration of the foregoing, it Revocation of Segment of Federal Bureau of Air Traffic Management. is proposed to revoke the Bangor, Marne- Millinocket, Maine segment of Blue Fed­ [F.R. Doc. 59-5037; Fifed, June 17, 1959; Airways and Associated Control eral airway No. . 84 by amending Parts 8:49 a.m.] Area 600 and 601 (14 CFR, 1958, Supp. Parts Pursuant to the authority delegated to 600, 801) as follows: . . 1. Section 600.684 Blue Federal airway me by the Administrator (Part 409.13, No. 84 (Augusta, Maine, to Millinocket, 24 F.R. 3498), notice is hereby given that [ 14 CFR Parts 600,601 ] Maine) is amended to read as follows. the Federal Aviation Agency is consider­ ing an amendment to Parts 600 and 601 [Airspace Docket No. 59-NY-3C] §600.684 Blue Federal airway No- 84 of the regulations of the Administrator; (-Augusta.rMaine, to Bangor, Maine;* FEDERAL AIRWAYS AND • as hereinafter set forth. < From .the Augusta, Maine, radio range Blue Federal airway No. 53 presently CONTROL AREAS station via tp/é Rockland, Maine, non i extends from Providence, Rhode Island rectional radio beacon; Bar Haroo , to Hartford, Connecticut. An IFR Peak- Revocation of Segment of Federal Day Airway Traffic Survey for each half Airways and Associated Control Maine, nondirectional radio beacon the Bangor, Maine, radio range station. t>f the calendar year 1958 shows only Area five aircraft movements^ On the basis 2. Section 601.684 Blue Federal airway Pursuant to the authority delegated to of the survey, it appears that the reten­ No. 84 Control area (Augusta, Maine, me by the Administrator (Part 409.13, 24 tion of this airway and its associated Millinocket, Maine) is amended to iea Control area is unjustified as an assign­ F.R. 3498), notice is hereby given^that ment of airspace and that the revocation the Federal Aviation Agency is consider- as follows: Thursday, June 18, 1959 FEDERAL REGISTER 4967

§ 601.684 Blue Federal airway No. 84 This amendment is proposed under or arguments presented during such con­ Control area (Augusta, Maine, to sections 307(a) and 313(a) of the Fed­ Bangof, Maine). ferences must also be submitted in writ­ eral Aviation Act of 1958 (72 Stat. 749, ing in accordance with this notice in All of Blue Federal airway No. 84. 752; 49 U.S.C. 1348,1354). order to become part of the record for • In consideration, of the foregoing, it is consideration. The proposal contained Issued in Washington, D.C., on June proposed to revoke Red Federal airway 12, 1959. in this notice may be changed in the No. 86 by amending Parts 600 and 601 light of comments received. D. D. T h o m a s , (14 CFR 1958, Supp. Parts 600, 601) as The official Docket will be available Director, follows: Bureau of Air Traffic Management. for examination by interested persons at 1. Section 600.286 Red Federal airway the ^Docket Section, Federal Aviation [F.R. Doc. 59-5Q38; Piled, June 17, 1959; No. 86 (Millinocket, Maine, to Houlton, Agency, Room B-316, 1711 New York 8:49 a.m.] Maine) is revoked. Avenue NW., Washington 25, D.C. An 2. Section 601.286 Red Federal airway informal Docket will also be available No. 86 Control area (Millinocket, Maine, for inspection* at the office of the Re­ to Houlton, Maine) is revoked. gional Administrator. - [ 14 CFR Parts 600, 601 ] Issued in Washington,. D.C., on June This amendment ,is proposed under sections 307(a) and 313(a) of the Fed­ [ Airspace Docket 59-NY-3I ] 12, 1959. D. D. T h o m a s , eral Aviation Act of 1958 (72 Stat. 749 FEDERAL AIRWAYS AND Director, 752; 49 U.S.C. 1348, 1354). CONTROL AREAS Bureau bf Air Traffic Management. In consideration of the foregoing, it is proposed to revoke the Chicopee, West- [F.R. Doc. 59-5039; Filed, June 17, 1959; over AFB, Massachusetts— Boston, Mas­ Revocatior of Federal Airway and 8:49 a.m.] Associated Control Area sachusetts segment of Red Federal air­ way No. 33 by amending Parts 600 and Pursuant to the authority delegated to 601 (14 CFR 1958, Supp. Parts 600, 601) me by the Administrator (Par. 409.13, 24 as follows: F.R. 3498), notice is hereby given that I [14 CFR Parts 600, 601 ] § 600.233 [Amendment] the Federal Aviation Agency is consid­ [Airspace Docket 59-NY-3g[ ering an amendment to Parts 600 and 1. Section 600.233 Red Federal airway 601 of the regulations of the Admin­ FEDERAL AIRWAYS AND No. 33 (Norfolk, Virginia, to Boston, Mas­ istrator, as hereinafter set forth. CONTROL AREAS sachusetts) is amended as follows: Red Federal airway No. 86 presently a. Delete “ (Norfolk, Va., to Boston, extends from Millinocket, Maine, to Revocation of Federal Airway and Mass.)” and substitute therefor “ (Nor­ Houlton, Maine. An IFR Peak-Day Associated Control Area folk, Virginia, to Chicopee, Westover Traffic Survey for each half of the calen­ AFB, Massachusetts). Pursuant to the authority delegated dar year 1958 shows no aircraft move­ b. Delete “via the Chicopee, Westover to me by the Administrator (Par. 409.13, ments. On the' basis of the survey, /it. AFB, Massachusetts, radio range station 24 F.R. 3498), notice is hereby given that appears that the retention of this air­ to the intersection of the northeast tjtie Federal Aviation Agency is consid­ way and it associated Control area is course of the Chicopee, Westover AFB, ering an amendment to Parts 600 and unjustified as an assignment of airpace Massachusetts, radio range and the west 601 of the regulations of the Adminis­ and that the revocation thereof would be course of the Boston, Massachusetts, trator, as hereinafter-set forth. in public interest. ' If such action is radio range,” and substitute therefor “to Red Federal airway No. 33 presently taken, Red Federal airway No. 86 and the Chicopee, Westover AFB, Massachu­ extends from Norfolk, Virginia to Rich­ the control area associated with it would setts, radio range.” mond, Virginia, and from Poughkeepsie, then be revoked from Millinocket, Maine, 2. Section 601.233 Red Federal airway to Houlton, Maine. New Y ork, to Boston, Massachusetts. No. 33 ^Control area (.Norfolk, Virginia, An IFR Peak-Day Air Traffic Survey for Interested persons may submit such to Boston, Massachusetts) is amended as each half of the calendar year 1957 written data, views or arguments they follows: shows, less than ten aircraft movements may desire. Communication should be for the segment from Chicopee, West- § 601.233 Red Federal airway No. 33 submitted in triplicate to thfe Regional over AFB, Massachusetts, to Boston, Control area (Norfolk, Virginia, to Administrator, Federal Aviation Agency, Massachusetts. On the basis of the sur­ Chicopee, Westover AFB, Massachu­ New York International Airport, Ja­ setts). vey, it appears that the retention of this maica, Long Island, New York. All com­ airway segment and its associated con­ All of Red Federal airway No. 33. munications received within thirty (30) trol area is unjustified as an assignment days after publication of this notice in Issued in Washington, D.C., on June of airspace and that the revocation the Federal R egister will be considered 12, 1959C thereof would be in the public interest. before action is taken on the proposed D. D. T h o m a s , 1 If such action is taken, Red Federal amendment. No public hearing is con­ Divcctov airway No. 33 and the control area asso­ templated at this time, but arrangements Bureau of Air Traffic Management. ciated with it would then extend from for informal conferences with' Federal Norfolk, Virginia, to Chicopee, Westover [F.R. Doc. 59-5040; Filed, June 17, 1959; Aviation Agency officials may be made by AFB, Massachusetts. 8:49 a.m.j ^¿acting the Regional Administrator, Interested persons may submit such or the Chief, Airspace Utilization Divi­ written data, views or arguments they sion Federal Aviation Agency, Washing­ may desire. Communications should be [ 14 CFR Parts 600, 601 ] ton 25, D.C. Any data, views or argu­ submitted in triplicate to the Regional [Airspace Docket 59-NY-3h] ments presented during'such conferences' Administrator, Federal Aviation Agency, must also be submitted in writing in New York International Airport, Ja­ FEDERAL AIRWAYS AND accordance with this notice in order to maica, Long Island, New York. All com­ CONTROL AREAS ecome part of the record for considera- munications received within thirty (30) The proposal contained in this days after publication of this notice in Revocation o f Federal Airway and notice may be changed in the light of the F ederal R eg ister will be considered Associated Control Area comments received. before action is taken on the proposed Pursuant to the authority delegated to offi.cial Docket will be available for amendment. No public hearing is con­ me by . the Administrator (Par. 409.13, interested persons at the templated at this time, but arrange­ ocset Section, Federal Aviation Agency, 24 F.R. 3498), notice is hereby given that ments for informal conferences with the Federal Aviation Agency is consider­ Nwnin ? '? i6’ 1711 New York Avenue Federal Aviation Agency officials may be ing an amendment to Parts 600 and 601 r>rv.^J^as^ington 25> D.C. An informal made by contacting the Regional Ad­ of the regulations of the Administrator, Wl11 also kc available for in- ministrator, or the Chief, Airspace Utili­ as hereinafter set forth. AtonStitor!16 0

M 4 CFR Parts 600,601 ] § 600.16 [Amendment] amendment. No public hearing is con­ [Airspace Docket 59-NY-3j ] 1. Section 600.16 Green Federal cdrway templated at this time, but arrange­ ments for informal conferences with FEDERAL AIRWAYS AND No. 6 {Alice, Texas, to Norfolk, Virginia) is amended as follows: (a) Delete “ {Alice, Federal Aviation Agency officials may be CONTROL AREAS Texas, to Norfolk, Virginia)” and sub­ made by contacting the Regional Ad­ Revocation of Segment of Federal stitute therefor "{Alice, Texas, to Rich­ ministrator, or the Chief, Airspace Utili­ mond, Virginia)”, (b) Delete “Rich­ zation Division, Federal Aviation Agency, Airways and Associated Control mond, Virginia, radio range station; Washington 25, D.C. Any data, views or Ariea Norfolk, Virginia, radio range station to arguments preserited during such con­ Pursuant to the authority delegated to the Norfolk Municipal Airport, Norfolkr ferences must also be submitted in writ­ me by the Adifiinistrator (Part 409.13, 24 Virginia”, and substitute “to the Rich­ ing in accordance with this notice in F.R. 3498), notice is hereby given that mond, Virginia, radio range station”. order to become part of the record for /the Federal Aviation Agency is consider­ 2. Section 601.16 Green Federal airway consideration. The proposal contained ing an amendment to Parts 600 and 601 No. 6 Control area {Alice, Texas, to Nor­ in this notice may be changed in the of the regulations of the Administrator, folk, Virginia) is amended to read as light of comments received. as hereinafter set forth. follows: The official Docket will be available for examination by interested persons at the Green Federal airway No. 6 presently § 601.16 Green Federal airway No. 6 extends from Alice, Texas to Norfolk, Docket Section, Federal Aviation Agency, Control area (Alice, Texas, to Rich­ Room B-316, 1711 New York Avenue N W Virginia. An IFR Peak-Day Airway mond, Virginia). Traffic Survey for each half of the cal­ Washington 25, D.C. An informal endar year 1958 shows less than ten air­ All of Green Federal airway No. 6. Docket will also be available for inspec­ tion at the office of the Regional Ad­ craft movements for the segment frpm Issued in Washington, D.C., on June ministrator. Richmond, Virginia to Norfolk, Virginia. 12, 1959. This amendment is proposed under On the basis of the survey, it appears D , D . T h o m a s , sections 367(a) and 3l3(a) of the Fed­ that the retention of this airway segment Director and its associated Control area is un­ Bureau of Air Traffic Managements eral Aviation Act of 1958 (72 Stat. 749 justified as an assignment of airspace 752; 49 U.S.C. 1348, 1354). and that the revocation thereof would [F.R. Doc. 59-5043; Filed, June 17, 1959; In consideration of the foregoing, it is be in the public interest. If such action 8:49 a.m.] ». proposed to revoke the Pulaski, Virginia- is taken, Green Federal airway No. f> and Raleigh, North Carolina, segment of Red the Control area associated with it would Federal airway No. 34 by amending Parts then extend frem Alice, Texas to Rich­ 600 and 601- (14 CFR, 1958, Supp. Parts mond, Virginia. [ 14 CFR Parts 600,601 ] 600,60liras follows: 1. Section 600.234 Red Federal airway Interested persons may submit such [Airspace Docket 59-NY-3k] written data, views or arguments they No. 34 {Pulaski, Virginia, to Weeksville, may desire. Communications should be North Carolina) is amended to read as FEDERAL AIRWAYS AND follows: submitted in triplicate to the Regional ^ CONTROL AREAS Administrator, Federal Aviation Agency, § 600.234 Red Federal airway No. 34 New York International Airport, Ja- Revocation of Segment of Federal (New Bern, North Carolina, to maiea, Long Island, New York. All com- Weeksville, North Carolina). . munications received within thirty (30) Airways arid Associated Control From the intersection of a line bearing days after publication of this notice in Area 11° True from the New Bern, North the F ederal R egister will be considered Pursuant to the authority delegated Carolina, nondirectional radio beacon before action is taken on the proposed to me by the Administrator (Part 409 13, and the southwest course of the Norfolk, amendment. No public hearing is. con­ 24 F.R. 3498), notice is hereby given Virginia, radio range to the Weeksville’ templated at this time, but arrangements that the Federal Aviation Agency is con­ North Carolina (NAVY), radio range for informal conferences w ith! Federal sidering an amendment to Parts 600 and station. Aviation Agency officials may be made 601 of the regulations of the Admin-- 2. Section 601.23.4 by contacting the Regional Administra­ Red Federal airway istrator, as hereinafter set forth. No. 34 Control area {Pulaski, Virginia, to tor, or the Chief, Airspace Utilization Red Federal airway No. 34 presently Weeksville, North Carolina) is amended Division, Federai Aviation Agency, Wash­ extends from Pulaski, Virginia to Weeks- to read as follows; ington 25, D.C. Any data, views or argu­ ville, North Carolina. An IFR Peak-Day ments presented during such conferences Airway Traffic Survey for each half of §601.234 Red Federal airway No. 34 must also be subihitted in writing in Control area (New Bern, North Caro­ the calendar year 1958 shows less than accordance with this notice in order to lina, to Weeksville, North Carolina). ten aircraft movements for the segment ecome part of the record for considera- from Pulaski, Virginia to Raleigh, North All of Red Federal airway No. 34. ' won. The proposal contained in this Carolina. On the basis of the survey, it ”lay be R anged in the light of Issued in Washington, D.C., on June comments received. appears that the retention of this air­ 12,1959. way segment and its associated Control official Docket will be available for area is unjustified as an assignment of ■ D . D. T h o m a s , by interested persons at the airspace and that the revocation there­ Director, pJLetJ^ ctlon’ ^ edei’al Aviation Agency;, of would be in the public interest. If Bureau of Air Traffic Management. oom B-.316,1711 New York Avenue NW. such action is taken, Red Federal airway [F.R. Doc. 59—5044; Filed, June 17, 1959; Wshmsrton 25, D.c. , An informal No. 34 and the Control area associated 8:50 a.m.] et will also be available for inspec- with it would then extent from New Bern, North Carolina to Weeksville offlce oi North Carolina. amendment is proposed under Interested persons may submit such FEDERAL COMMUNICATIONS sections 307(a) and 313(a) of the Fed- written data, views or arguments they COMISSION 74- i Vlatl0n Act ° l 1058 (72 Stat. 749, may desire. Communicatidns should be 752. 49 U.S.C. 1348, 1354). submitted in triplicate to the Regional [ 47 CFR Part 19 1 Administrator, Federal Aviation Agency, ornnn??ideration of the foregoing, it is [Docket No. 12902; FCC 59-555] S P g * ft0 revoke the Richmond, Vir- New York International Airport, Ja­ maica, Long Island, New York. AlTcom- CITIZENS RADIQ SERVICE FedPrf?°rf0lk’ Virginia segment of Green munications received within thirty (30) 6Q0 anri No‘ 6 by amending Parts days after publication of this notice in Notice of Proposed Rule Making 6oo 6on601 i 14 CFR’ 1958* Snpp. Parts > 601) as follows: the F ederal R egister will be considered In the matter of amendment of § 19.71 before aetiQn is taken on the proposed of Part 19 Citizens radio service, to PROPOSED RULE MAKING 4970 tion, installation, servicing, or mainte­ icing or maintenance of the station, or specify certain exceptions to the require­ during the normal rendition of the serv­ ments regarding licensed radio operators nance of a radio station in this service, which may affectfthe proper operation of ice of the station, may reasonably be ex­ in connection with Class C and Class D pected to result in off-frequency opera­ stations in that service, upon certifi­ such station, shall be made by or under the immediate supervision and respon­ tion, excessive plate input power, cation of the equipment by the manu­ over-modulation, excessive harmonics or facturer; Docket No. 12902.' sibility of a person holding a first or sec­ ond-class commercial radio operator other spurious emissions; and 1. Notice is hereby given of proposed (5) The manufacturer of the trans­ rule making in the above-entitled license, either radiotelephone or radio­ telegraph, as may be appropriate for the mitting equipment or of the kit from matter. which the transmitting equipment is as­ 2. The Commission proposesNto amend type of emission èmployed, and such person shall be responsible for the proper sembled shall have certified in writing paragraph (c) of § 19.71 of its rules, and to the purchaser of the equipment (and to add a new paragraph (d) to that sec­ functioning of the station equipment at the conclusion *of such adjustments or to the Commission upon request) that tion, so as to provide, in the case of the equipment has been designed, manu­ tests. crystal-controlled Class C pr Class D factured and furnished in accordance stations, a limited exception to the re­ 2. Amend § 19.71 by the additionof the with the specifications contained in the quirement that only licensed commer­ following new paragraphs: foregoing subparagraphs of this cial radio operators, holding specified paragraph: grades of licenses, may make certain ad­ (d) In the tase of Class C or Class D justments and tests in connection with stations in this service, no commercial And provided further, That, notwith­ installation, servicing, maintenance, or radio operator license is required to be standing the foregoing provisions of this held by the person performing trans­ operation thereof. paragraph, whenever the transmitting 3. The foregoing exception is proposed mitter adjustments or tests during or co­ ^equipment of a station is found operating only in thè case of factory-assembled incident with the construction, installa­ ' contrary to any of the technical regula­ equipment which is certified by the man­ tion, servicing, or maintenance of such tions contained in subpart C of this part, ufacturer xto meet certain conditions pre­ stations: Provided, That there is compli­ all transmitter adjustments or tésts dur­ scribed in the proposed rule amendment, ance with all of the following conditions : ing or coincident with the servicing of or in the case of-home-assembled equip­ W l) The transmiting equipment shall that equipment for the purpose of restor­ ment which is built from kits provided be crystal-controlled with a crystal capa­ ing compliance with those regulations by a manufacturer who selects and pro­ ble of maintaining the station frequency shall be made by or under the immediate vides all components of the equipment within the prescribed tolerance; supervision and responsibility of a per- together with full and detailed instruc­ ( 2 ) The transmitting equipment either son holding a first- or second-class com­ tions for their assembly and in addition shall have been factory-assembled or mercial radio operator license, either certifies that the equipment meets all of shall have been provided in kit form by radiotelephone or radiotelegraph, as may the specific conditions prescribed in the a manufacturer who provided all com­ be appropriate for the type of emission proposed rules. ponents together with full and detailed employed, and such person shall be re­ 4. Authority for the amendments instructions for their assembly by non­ sponsible for proper functioning of herein proposed, which are set forth in factory personnel; tlfSrstation equipment at the conclusion detail below is contained in sections 4(i) (3) The frequency determining ele­ of such adjustments or tests. • and 303 of the Communications Act of ments of the transmiter, including the (e> The manufacturer’s certification 1934, as amended. crystal (s) and all components of the concerning design and construction fea­ 5. Any person who is of the opinion crystal oscillator circuit, shall have been tures of Class C or Class D station trans­ that the proposed amendments should pre-assembled by the manufacturervpre- mitting equipment, as required if'the pro­ not be adopted or should not be adopted tuned to a specific available frequency, visions of paragraph (d) of this section in the form set forth herein, and any per­ and sealed by the manufacturer so that are invoked, may be specific as to a par­ son desiring to support this proposal may any adjustment which might cauée off- ticular unit of transmitting equipment or file with the Commission on or before frequency operation cannot be made general as to a group or model of such July 10, 1959, a written statement or without breaking such seal and thereby equipment, and may be in any form ade­ brief setting forth his comments. Re­ voiding the certification of the manu­ quate to assure the purchaser of the plies to such comments may be filed facturer required by this paragraph; equipment or the Commission that the within ten days from the last day for (4) The transmitting equipment shall conditions described in that paragraph filing original comments. No additional have been so designed that none of the have been fulfilled. comments may be filed unless ( 1)' spe­ transmitter adjustments or tests nor­ mally performed during or coincident IP-B- Doc. 59-5062; Filed! June 17, 1959; cifically requested by the Commission or 8:52 a.m.] (2 ) good cause for the filing of such with the construction, installation, serv­ additional commenta is established. The Commission will consider all such com­ ments prior to taking final action in this matter, and if comments are submitted warranting oral argument, notice of th e. time and place of such oral argument will be given. details as to the extent ajid localities 6. In accordance with the provisions of § Ï.54 of the Commission’s rules and with respect to which the company acceptable as surety on federal Bond regulations, an original and 14 copies of Office of the Secretary will appear in the next revision of all statements, briefs, and comments filed shall be furnished the Commission. [Dept. Circ. 570, 1959 Rev. Supp. 1] Treasury Department Circular No. > copies of which, when issued may w Adopted: June 10, Î959. ARGONAUT INSURANCE CO. obtained from the Treasury Department, Released: June 12, 1959. ^Surety Companies Acceptable on Bureau of Accounts, \Sonety Branch, Washington 25, D.C. F ederal C ommunications „ Federal Bonds C o m m is s io n , Name of Company, Location ° fh£?frcor- J u n e 12,1959. . Executive Office, and State in W [ s e a l ] M a r y J a n e M o r r is, Secretary. A Certificate of Authority has been porated _ k ssued by the Secretary of the Treasury Argonaut Insurance Company, Menlo rar*. 1. Amend paragraph (c) of § 19.71 to o the following company under the Act Caiif. (California). read as follows: >f Congress approved July 30, 1947, 6 [ s e a l ] L a u r e n c e B. R obbins, (c) Except as provided in paragraph J.S.C., sections 6-13, as an acceptable Acting Secretary of the Treasu V- iurety on Federal Bonds. An underwrit- (d) of this section, all transmitter ad­ rp.R. Doc. 59-5054; Filed, June 17, l959. justments or tests while radiating energy ng limitation of $457,000.00 has been during or coincident with the construc­ for the company.- Further Thursday, June 18, 1959 FEDERAL REGISTER 4971

Boise Meridian, I daho probably can be developed from surface DEPARTMENT OF HEALTH, EDU­ T. 4 N„ R. 3 E., sources in the area. The possibility of Section 30: SW ^NW ^NE1^SW y4, S W ^ developing culinary water from wells is CATION, AND WELFARE n e i/4Sw }4, n w >4s e >4n e i/4s w y4, sy2 unknown. Power and telephone facilities SE^NE^SW ^, N>/2Ni/2SE^SW ^. Social Security Administration are not available at the land but can be 2. Classification of the above-described brought in from Boise. Schools, stores, FINDING REGARDING FOREIGN lands by this order segregates them from and other public facilities are available so cia l In su r a n c e a n d pen sio n all appropriations, including locations in Boise. There is no evidence of metal­ SYSTEM OF BURMA under the mining laws, except as to ap­ lic or nonmetallic minerals. plications under the Small Tract Act 4. The individual tracts all contain 2.5 Section 202(t) (2) of the Social Secu­ and applications under the mineral leas­ acres according to the public land sur­ rity Act (42 U.S.C. 402(f)(2) authorizes ing laws. veys and are square in shape. An un­ and requires the Secretary of Health, 3. The lands are located approximately official plat showing the location of the Education, and Welfare to find whether 3 miles northeasterly front Boise, Idaho tracts can be obtained from the Man­ a foreign country has in effect a social and are accessible by means of a semi- ager, Land Office, Box 2237, Boise, Idaho. insurance or pension system which is of improved . county road. The topography The appraised values of the tracts range general application in such country and is steep arid rolling with two prominent from $275 to $375 as shown below. The under which -periodic benefits, or the spur ridges crossing the area. The ele­ advance three-year rental for each tract actuarial equivalent thereof, are paid on vation is about 3,800 feet. The annual is $51. Rights-of-way, 30 and 50 feet in account of old age, retirement, or death, precipitation averages about 12 inches. width for road purposes and for public and individuals who are citizens of the The soils are primarily decomposed utilities, will be reserved along existing United States but not citizens of such granite with no observable rock outcrops roads and certain tract boundaries as foreign country and who qualify for such showing on the surface. The native shown below. Unofficial plats showing benefits are permitted to receive such cover consists of an open grass stand the location of the roads can be obtained benefits or the ' actuarial equivalent with occasional clumps of sagebrush. from the Land Office Manager. All min­ thereof while outside such foreign coun­ Culinary water is not available from any erals in the lands will be reserved to the try without regard to the duration of the developed source. Some culinary water • United States. absence. Tract No. Pursuant tp authority duly vested in Legal description , Right-of-way width and location Appraised him by the Secretary of Health, Educa­ value tion,^ and Welfare, the Commissioner of 11 Social Security has considered evidence SWMNWMNEksiVK ...... I 30' existing dirt road______i $375.00 i 2 NWJfSWMNE^SWJ* ...... presented by Burma with respect to the 1 3 375.00 NEMSWMNEMSWM- . . 375.00 social insurance or pension system of i 4 NW^SEMNEM^WM-- 5 325.00 such country, from which evidence it SEMSEMNEMSWM- 50' existing county road, 15' S. boundary ‘ 6 SWMSEMNEMSWM------30' existing dirt road, 60' existing county appears that such country does not have road, 15' S. boundary. 1 7 a social insurance or pension system of SEM SW M N E \i SWM _____ 30' existing dirt road, 50' existing county 375.00 road,\15' S, boundary. general application in such country 1 8 S WMS WMNEMS WM . ----- 50' existing county road, 15' S. boundary____ 9 which pays periodic benefits, or the nwmnwmsemswm ...... 275.00 10 NEMNWMSEMSWM-.- actuarial equivalent thereof, on account • 11 375.00 nwmnemsemswm ____ 275.00 12 of old age, retirement, or death. nemnemsemswm ...... 275.00 Accordingly, it is hereby determined and found by the Commissioner of Social 1 Included in an application from an individual entitled to preference under 43 C F R 257.5(a). In addition, there Security that Yugoslavia does meet the are o applications outside the area from individuals entitled to such preference. To obtain this preference these applicants must conform to the size and dimensions of the tracts as set forth in the above schedule. As all applica­ requirements- of sectiorr 202(t) (2) of the tions were for 5 acres and since the tracts were reduced in size, conformance by these applicants will make 3 addi­ Social Security Act (42 U.S.C. 402 (t) (2)) tional tracts available for application. * Dated: June 9, 1959. 5. Leases will be issued for a term of quirements of applicable ordinances and three years and will, contain an option must, in addition, meet the following [ s e a l ] W. L. M i t c h e l l , w to purchase in accordance with 43 CFR Commissioner of Social Security. requirements: 257.13. Lessees who comply with the The dwelling must be suitable for year- Approved: June 12, 1959. general terms and conditions of their round residence, must be neat and at­ leases will be permitted to purchase their A rthur S. F l e m m in g , tractive, and must be placed on perma­ tracts at the prices listed above provid­ Secretary of Hehlfh, Education, nent foundations with-adequate footings. and Welfare. ing that during the period of their leases All buildings must be built in a work­ they either (a) construct the improve­ manlike manner of attractive, properly (F.R. Doc. 59-5047; Piled, June 17, 1959; ments specified in Paragraph 7 or (b) finished materials and may consist of 8:50 a.m.] file a copy of an agreement in accord­ wood or masonry construction. The ance with 43 CFR 257.13(d). Leases will dwelling shall have a floor space of not be renewable at the discretion of the less than 900 square feet. Bureau of Land Management, and the All dwellings must be connected to a departm ent o f t h e in ter io r renewal lease will be subject to such sewage disposal system in accordance Bureau of; Land Management terms and conditions as are deemed nec­ with the requirements of the Ada County essary in the light of the circumstances Sanitary Code as to type, size, and con­ (Small Tract Classification Order 11] and the regulations existing at the time struction. No other type of sewage dis­ of renewal. However, a lease will not be posal will be permitted. For information IDAHO renewable unless failure to construct the relative to sanitary requirements the required improvements is justified under Small Tract Classification lessee may contact the City-County the circumstances and nonrenewal would Health Department, 209 Sherwood, Boise, work an extreme hardship bn the lessee. J u n e 11, 1959. Idaho. An applicant for purchase will be 6. Persons who" have previously ac­ required to submit a certificate of ap­ mi,KP^Tsuant to authority delegated to quired a tract under the Small Tract Act proval signed by the proper authority of ?! i oE?^ eau ° rder No- 541, dated April are not qualified to secure a tract unless the Health Department. the 9f 4„ 19. P -R- 2473), I hereby classify they can make a showing satisfactory to Plumbing facilities must be completed tm0ui0llo^ing"dei^ ribed Public lands the Bureau of Land Management that inside the dwelling, and electrical wiring a?iS.g ui° acres in Ada County, Idaho the acquisition of another tract is war­ and fixtures must be installed. dennmtable for lease and sale for resi- ranted in the circumstances. *„7°® Purposes under the Small Tract 8. Applicants must file, in duplicate, 7. The improvements referred to in with the Manager, Land Office, Box 2237, SSoV June l ’ 1938 (52 Stat; 609, 43 U.S.C. oo^a), as amended :1 ^ > paragraph 5 above must conform with* Boise, Idaho, application Form 4-776 health, sanitation, and construction re­ No. 119------1 filled out in compliance with the instruc- 4972 NOTICES 7. Ts. 5 through 8 N., Rs. 5 through 8 W., KMD691, San Diego, applied for a con­ tions on the form and accompanied by Seward Meridian. struction permit to change transmitter any showings or documents required by 8. TS. 5 through 8 N., Rs. 9 through 12 W., location. These applications were desig­ those instructions. Copies of the appli­ Seward Meridian. nated for consolidated hearing by Com­ cation form can be secured from the 9. Ts. 9 through 10 N., Rs. 1 through 4_W., mission Order released October 16,1958. Seward Meridian. above-named official. By a Memorandum Opinion and Order The applications must be accompanied 10. Ts. 9 through 11 N., Rs. 5 through 8 W., adopted this same date, the application by a filing fee of $10>00 plus the advance Seward Meridian. of Lyman G. Berg was removed from rental specified in Paragraph 4. Failure 11. Ts. 9 N., Rs. 9 through 10 W., Seaward Meridian. hearing and granted. to transmit these payments with the 12. Ts. 1 through 4 S., Rs. 1 through 4 W., 3. Crabb and McKean propose trans­ application will render the application Seward Meridian. mitter sites on Mt. Wilson, with a height invalid. Advance rentals will be returned 13. Ts. 1 through 4 S., Rs. 5 through 8 W., above average te rra in 2821 and 2970 - to unsuccessful applicants. All filing fees Seward Meridian. feet respectively. At the time the appli­ will be retained by the United States. 14. Ts. 1 through 4 S., Rs. 9 through 12 W., Seward Meridian. cations were designated for hearing, 9. The lands are now subject to appli­ § 21.505 of the rules permitted maximum cation under the Small Tract Act. All 15. Ts, 1 through 4 S., Rs. 13 through 15 W., Seward Meridian. . effective radiated power at antenna valid applications filed prior to April 1, 16. Ts. 5 through fyS., Rs. 1 through 4 W., heights in excess of 500 feet above 1959, will be granted the preference fight Seward Meridisfn. average terrain upon a showing of need provided by 43 CFR 257.5(a). All valid 17. Ts. 5 through 8 S., Rs. 5 through 8 W., therefor. By order adopted January 7, applications from persons entitled to vet­ Seward Meridian^ 1959, § 21.505 was amended to limit the 18. Ts. 5_through 8 S., Rs. 9 through 12 W-., eran’s preference filed after June 12,1959 effective radiated power of base stations and prior to 10:00 a.m., July 18,1959, will Seward Meridian. 19. Ts. 5 through 8 S., Rs. 13 through-15 W., using antenna' heights in excess of 500 be considered as simultaneously filed at feet. Compliance with § 21.505, as that time. All valid applications from Seward Meridian^ 20. Ts. 9 through 10 S., Rs. 6 through 8 W., amended, would necessitate a reduction persons entitled to veteran’s preference Seward Meridian. in effective radiated power from the 250 filed after that time will be considered 21. Ts. 9 through 11 S., Rs. 9 through 12 W., watts specified ih the applications to 11.2 in the order"of filing. All valid applica­ Seward Meridian. watts. tions from other persons filed after June ' 22. Ts. 9 through 12 S., Rs. 13 through 16 4. Crabb petitions the Commission for W., Seward Meridian. 12.1959, and prior to 10:00 a.m. October a waiver of § 21.505 of the Commission 17.1959, will be considered as simultane­ Copies of these diagrams are for sale rules and for an enlargement of issues ously filed at that time. All valid appli­ for one dollar ($1.00) per sheet by the to authorize the Examiner to make a cations filed after that time will be con­ Cadastral Engineering Office, Bureau of finding" as to whether or not the public <: sidered in the order of filing. y Land Management, mailing address 334 interest would be served by a grant of the 10. Inquiries concerning these landsEast Fifth Avenue, Anchorage, Alaska. requested waiver. In support of his re­ shall be addressed to Manager, Land quest, Crabb submitted an engineering Office, Box 2237, Boise, Idaho. I r v in g W. A n d e r s o n , Manager. statement showing the difference in J. R . P e n n y , coverage of the 43 dbu service contour State-Supervisor. [FJR. Doc. 59-5022; Filed, June 17, 1959; with effective radiated powers of 250 8:46 a.m.] watts and 11.2 watts. The statement in­ [F.r . Doc. 59-5023; Filed, June 17, 1959; 8:46 a.m.j V dicates that the proposed station when operating at the lower power would cover an area of 1475 square miles containing 3,848/785 people as compared with an [Anchorage Land District, Notice 1] area of 4550 square' miles containing ■> 5,642,780 people when operating at 250 ALASKA [Docket-No. 12627 etc.; FCC 59-540] watts. It is alleged that when operat­ ROBERT C. CRABB ET AL. ing with the lower power; tfie 43 dbu con­ Notice of Filing of Alaska Protraction tour would not encompass the entire city Diagrams Memorandum Opinion and Order of Los Angeles or the Los Angeles metro­ J u n e 11,1959. Amending Issues politan area. The petitioner -further states that due to the nature of the ter­ Notice is hereby given that the follow­ In re applications of Robert C. Crabb, rain in the Los Angeles area he does not ing protraction diagrams have been offi­ Los Angeles, California, Docket No. 12627, believe that a site could be found within cially filed of record in the Anchorage File No. 1387-C2-P/ML-58; Farrell Mc­ the Los Angeles area from which a sta­ T.anH Office, 334 East Fifth Avenue, Kean, d/b as Business and Professional tion operating in compliance with Anchorage, Alaska effective upon publi­ Telephone Exchanges, Los Angeles, Cali­ § 21.505 could provide the necessary cation of this notice and will become the fornia, Docket No. 12628, File No. 1603- basic record for the description of oil coverage. 02-P-58; George W. Smith, Santa Ana, 5. McKean, in his motion, requests the and gas lease offers filed after 10:00 a.m. California, Docket No. 12631, File No. Commission to issue a declaratory ruling June 22,1959, in accordance with 43 CFR 2797-C2-P-58; Benjamin H. Warner, Jr., to the effect that a waiver will be granted 192.42a (c) (24 F.R.^fi40, May 22, 1959). Santa Ana, California, Docket No. 12632, for the operation of his proposed station, Alaska Protraction Diagrams: File No. 2801-02-P-58; one-way signaling with power and antenna height in excess stations in the domestic public land mo­ Sheet S 13-2, Ts. 13 to 16 N., Rs. 5 to 8 W., of the maxima specified in § 21.505 of tne ' Seward Meridian. bile radio service. ' * V rules. In support thereof, M cK ean sub­ Sheet S 13-2, Ts. 13 to 16 N., Rs. 9 to 12W., 1. The Commission has before it for mitted an engineering statement depict­ Seward Meridian. consideration a motion for declaratory Sheet S 13-4, Ts. 13 to 16 N., Rs. 13 to 16 W., ing the 43 dbu contours when operating ruling and other relief filed April 23, with 250 and 11.2 watts effective radi­ Seward Meridian. 1959 by Farrell A. McKean, d/b as Busi­ Sheet S 13-5, Ts. 9 to 12 N., Rs, 13 to 16 W., ated power, and stating that at the 1 ness and Professional Telephone Ex­ Seward Meridian. power a -75 percent loss of servl^eiryhpr changes (M cK ean ); a petition for waiver Sheet S 1&-12, Ts. 6 to 8 N., Rs. 14 to 16 W., would be suffered. McKean furt v Seward Meridian. of § 21.505 of the rules and enlargement states that a station authorized prior t K enai P lanning Sheets of issues filed April 22,1959 by Robert C. the amendment of § 21.505 is operating Crabb (C ra b b ); and a statement of the 1. Index. > with power and antenna height m 2. \Explanatory Statement.' Acting Chief, Common Carrier Bureau of that permitted by amended §21^ 3. Ts. 1 through 4 N-. Rs. 1 through 4 W., filed April 28, 1959. at they site specified in his aPPjlca_ d Seward Meridian. . 2. Crabb and McKean applied for con­ and Operation by McKean at reduced 4. Ts. 1 through 4 N., Rs. 5 through 8 W., struction permits for one-way signaling power would result in a serious c P Seward Meridian. , r ■ stations in Los Angeles, George W . Smith 5. Ts. 1 through 4 N„ Rs. 9 through 12 W.. and Benjamin H. Warner, Jr. applied for tive disadvantage. -. ■ 6. The Common Carrier Bureau Seward Meridian, 'w - " similar authorizations in Santa Ana, and 6. Ts. 5 through 8 N., Rs. 1 through 4 W., ports the petition and motion to tn Seward Meridian. Lyman G. Berg, licensee of Station Thursday, June 18, 1959 FEDERAL REGISTER 4973

tent of adding the requested issue, but by the Examiner. Further pre-hearing con- Communications Act of 1934, as opposes the balance of each request be­ fertence. September 8, 1959; Hearing. amended, said licensee is entitled to a cause it believes insufficient facts have hearing in this matter, and that, upon been shown to support a grant thereof, So ordered, This 11th day of June 1959. the filing of a timely written application and such facts should be adduced on the Released: June 12,1959. for such hearing, the Commission’s record. Order of Suspension is held in abeyance 7. It appears that when operating in F ederal C ommunications until the conclusion of proceedings on compliance with § 21.505 of the rules C o m m is s io n , such application; the Crabb and McKean proposals would [ s e a l ] M a r y J a n e M o r r is, I t is ordered, This 12th day of June not serve the entire city of Los Angeles Secretary. 1959, under authority contained in sec­ or the Los Angeles metropolitan area; [F.R. Doc. 59-5064; Filed, June 17, 1959; tion 303 (m) (2) of the Communications whereas a waiver of the rule would ex­ 8:52 a.m.] Act of 1934, as amended, and section tend the proposed service to the entire 0.292(f) of the Commission’s rules, that Los Angeles metropolitan area. Whether the matter of the suspension of the Ad­ such a waiver should be granted depends vanced Class Amateur Radio Operator upon the public need for the proposed [Docket No. 12864; FCC 59M-749] license of Dale A. Hoppe be designated service in the areas in question. It is for hearing before a Hearing Examiner the Commission’s view that the facts VIRGIN ISLANDS BROADCASTING at a time and place later to be specified, relative to such need can best be deter­ SYSTEM upon the following issues: mined at the hearing herein. 1. To determine whether the licensee Accordingly, it is ordered, That issues Order x / committed the violations of the Com­ are enlarged to include the following: In re application of Mary Louise mission’s rules as set /forth in the Com­ (10) To determine the facts and justi­ Vickers, tr/as Virgin Islands Broadcast­ mission’s Order of Suspension. fication in support of a waiver of § 21.505 ing System, Christians ted, Virgin Is­ 2. If the licensee committed such vio­ of the rules on behalf of the two Los lands, Docket No. 12864, File No. lations, to determine whether the facts Angeles applicants herein. BMP-8149 ;v for additional time to con­ or circumstances in connection there­ (11) To determine, on the basis of evi­ struct Station W D T V r- — with would warrant any change in the dence adduced, whether § 21.505 of the It appearing that the applicant has Commission’s Order of Suspension. rules should be waiyed in full or in part. been given until June 23, 1959, to file It is further ordered, That a copy of It is further ordered, That the petition written appearance in this proceeding, this Order be transmitted by Certified for waiver of § 21.505 of the rules and and therefore it would be appropriate to Mail, Return Receipt Requested to Rob­ enlargement of issues filed April 24,1959, postpone the prehearing conference to ert Short, Esq., 433 South Beverly Drive, by Robert C. Crabb, and the motion for a date subsequent thereto; Beverly Hills, California, and Mr. Dale declaratory ruling and other relief filed Accordingly, it is ordered, This 12th A. Hoppe, 4945 Boston Avenue, La April 24, 1959, by Farrell A. McKean, d/b day of June 1959, that the prehearing Crescenta,„California’. as Business and Professional Telephone conference in this proceeding now sched­ Released: June 15,1959. Exchanges are granted to the extent in­ uled for June 19, 1959, is postponed to dicated above, and in all other respects, Friday, June 26, 19^9, at 10:00 o’clock are denied. F ederal C ommunications a.m., in the offices of the Commission, C o m m is s io n , Adopted: June* 10, 195$. Washington, D.C. [ s e a l ] M a r y Ja n e M o r r is. Released: June 12, 1959. Released: June 12, 1959; Secretary. [F.R. Doc. 59—5066; Filed, June 17, 1959; F ederal C ommunications F ederal C ommunications -— 8:52 a.m.] C o m m is s io n , C o m m is s io n , [ seal] M a r y Ja n e M o r r is, * [ s e a l ] M a r y J a n e M o r r is, Secretary. Secretary. |F.R. Doc. 59-5063; Piled, June 17, 1959; [F.R. Doc. 59-5065; Filed, June 17, 1959; [Docket No. 12889 etc.; FCC 59-545] 8:52 a.m.J 8:52 a.m-.] CENTRAL MICHIGAN BROADCASTING CO. ET AL.

[Docket No. 12824; FCC 59M-746] [Docket No. 12888] Order Designating Applications for Consolidated Hearing On Stated INTER-CITIES BROADCASTING CO. DALE A. HOPPE Issues Order Governing Course of Hearing Order Designating Matter for Hearing In re applications of Central Michigan on Stated Issues Broadcasting Co., Oil City, Michigan, In re application of Theodore A. req. 1370 kc, 5 kw, DA-Day, Docket No. In the matter of Dale A. Hoppe, La Kolasa, Henry J. Kolasa, Mitchell A. 12389, File No. BP-11132; Grand Haven Crescenta, California, Docket No. 12888; Kolasa and Alphonse R. Deresz, d/b as Broadcasting Company (W G H N ), Grand suspension of amateur radio operator inter-Cities Broadcasting Company, Liv- license (W 6V S S ). < Haven, Michigan, has 1370 kc, 500 w, oma, Michigan, Docket No. 12824, File Day, req. 1370 kc, 500 w, 1 kw-LS, DA-2 The Commission having under con­ n o . BP-10991/ for construction permit U, Docket No. 12110, File No. BP-11160; sideration the application of Dale A. or a new standard broadcast station. Harmon Leroy Stevens and John F. w is­ Hoppe, 4945 Boston Avenue, La Cre­ her, d/b as Stevens-Wismer Broadcast­ TlA“ ^ Pre-hearing conference held on scenta, California, for a hearing ijy the ing Company, Caro, Michigan, req. 1360 fntnl 1959, the following calendar of above-entitled matter; kc, 500 w, Day, Docket No. 12890, File No. lished-StePS in the proceedin£ was estab- It appearing that the said Dale A, BP-11315; Earl N. Peterson and Pearle Hoppe, acting in accordance with the C. Lewis, d/b as Flat River Broadcasting ComnL1?’ i 959: Inter-Cities Broadcasting provisions of section 303 (m) (2) of the Company, Greenville, Michigan, req. 1380 fitfnishPd8 fy!rect written presentation to be Communications Act of 1934, as kc, 500 w, DA-Day, Docket No. 12891, File 5 3 « and the Examiner. - amended, filed with the Commission ference20’ 1959: Informal engineering con- No. BP-11611; Lloyd L. Savage, Omer K. within the time provided therefor, an Wright, Jae D. Kitchen and C. Wayne application requesting a hearing on the WGAR^nvr,10’ 1959 ‘ In the event station Wright, d/b as Caro Broadcasting Com­ that «¡h,?r° P0Ses to make rebuttal showing, Commission’s Order released May 11, pany, Caro, Michigan, req. 1360 kc, 500 w. c o n i e f f T ^ 11 be reduced to writing and 1959, suspending his Advanced Class- Day, Docket No. 12892, File No. B P - Examin^rniShed to other parties and to the Amateur Radio Operator license for a 11836; Robert F. Benkleman and James period of one year; and A. McCoy, d/b as Tuscola Broadcasting 1959: A11 Rowings crystal- It further appearing that under the ° ohange in showings unless directed Company, Caro, Michigan, req. 1360 kc, provisions of section 303(m) (2) of the 500 w, Day, Docket No. 12893, File No! 4974 NOTICES availability of other primary service to BP-12013; for construction permits for rather than one particular community” ; and * such areas and populations. standard broadcast stations. JZ. To determine the areas and popula­ At a session of the Federal Communi­ It further appearing that J;he Knorr Broadcasting Corporation, the principal tions which would receive primary cations Commission held at its offices in service from the Central Michigan Washington, D.C., on the 10th day of stockholder (75 percent) of Central Michigan Broadcasting Co., is also licen­ Broadcasting Co., the Stevens-Wismer June 1959; see of Station W KM F, Flint, Michigan Broadcasting Company, the Flat River The Commission having under consid­ Broadcasting Company,, the Caro Broad- . eration the above-captioned and (1470 kc., 1 kw, 5 kw-LS, DA-2, U ) and Station WSAM, Saginaw, Michigan (1400 casting Company, and the Tuscola described applications; Broadcasting .Company and the avail­ It appearing that except as indicated kc, 250 w, Day) both of which serve a substantial portion of the normally pro-- ability of other primary service to such by the issues specified below, the appli­ areas and populations. cants are legally, financially, technically tected service area- of the Oil .City pro­ posal; that further, the combined 0.5 3. To determine the nature and extent and otherwise qualified to operate their of the interference, if ariy, that each proposed stations; but that the proposed mv/m contours of the proposed Oil City and the existing W K & F operations en­ of the instant proposals would cause to operation of Station W G H N would cause and receive from each other and all other interference to the ^proposed operation compass all of the existing W SAM 0.5 mv/m contour; that the 2 mv/m contours existing standard broadcast stations, the of the Central Michigan Broadcasting areas and populations affected thereby, Co.; that the proposed operation of Cen­ of the proposed Oil‘City and the existing W K M F operations encompass approxi­ and the availability of other primary tral Michigan Broadcasting Company service to such areas and populations. would cause interference to the proposed mately 35 percent of the 2 mv/m contour of WSAM,; that, another application of 4. To determine whether, because of operation of the Flat River Broadcasting interference received, the proposed oper­ Company; that the simultaneous opera­ Knorr Broadcasting Corporation to in­ crease the daytime power of W SAM from ation of the Central Michigan Broad­ tion of the proposal of the Central Mich­ casting Co., the Stevens-Wismer Broad­ igan Broadcasting Co. and any one of 250 watts to one kilowatt would further increase the before-referenced overlap; casting Company, the Flat- River the proposals of the Stevehs-Wismer Broadcasting Company, the Caro Broad­ Broadcasting Company, the Caro Broad­ that accordingly, Central Michigan Broadcasting vCo. was notified by letter casting Company, and the - Tuscola casting Company or the Tuscola Broad­ Broadcasting Company would comply casting Company would result in mutual dated February 4, 1959 that its applica­ with § 3.28 (cX of the Commission’s rules, interference; that the proposals of tion may be in contravention of § 3.35 and if compliance with § 3.28(c) is not Stevens-Wismer Broadcasting Company, of the Commission rules on multiple achieved, whether circumstances exist the Caro Broadcasting Company and the ownership and concentration of control, which would warrant a waiver of said Tuscola Broadcasting Company are ihu- but that in a reply dated February 11, 1959, counsel for Central Michigan section of the rules. tually exclusive;' that, in addition, the 5. To determine whether a grant of proposed operation of the Central Mich­ Broadcasting Co. stated that the above the instant proposal of Central Michigan igan Broadcasting Company would application does not contravene § 3.35; Broadcasting. Co. would be in contra­ receive interference from the existing and vention of the provisions of § 3.35 (a) operation of Stations W G H N and WSPD, It further appearing, that, pursuant to section 309(b) of the Communications and (b) of the Commission rules. Toledo, Ohio (1370 kc, 5 kw, DA-N, U ) ; 6. To determine whether the instant that the proposed operation of the Ste­ Act of 1934, as amended, the Commis­ proposal of Central Michigan Broadcast­ vens-Wismer Broadcasting Company, the sion, in letters dated April 4 and Decem­ ing Co. would serve primarily a particu­ Caro Broadcasting Company and the ber 17, 1957, April 29, July 15, and No­ lar city, town, or other political subdi­ Tuscola Broadcasting Company would vember 6, 1958, and February 4, 1959, vision as contemplated by § 3.30(a) of receive interference from Stations notified the instant applicants, and any the Commission rules and, if not, WKMI, Kalamazoo, Michigan (1360 kc, other known parties in interest, of the whether circumstances -exist .which grounds and reasons for the Commis­ 1 kw, 5 kw-LS, D A-N, U ) and W LEW , would warrant a waiver of said section. Bad Axe, Michigan (1340 kc, 250 w, U ) ; sion’s inability to make a finding that a 7. To determine whether the antenna that the proposed operation of the Flat grant of any one of the applications system, proposed by Grand Haven Broad­ River Broadcasting Company would re­ would serve the public interest, con­ casting Company would constitute a haz­ ceive interference from Stations^WKJG, venience, and necessity; and Ft. Wayne, Indiana (1380 kc, 5 kv^, DA-2, It further appearing that the instant ard to air navigation. - 8. To determine, iri the light of section U) and WTTH, Port Huron, Michigan applicants filed timely replies to the 307(b) Of the Communications Act of (1380 kc, 1 kw, DA-1, U ) ; that because of aforementioned letters, which replies 1934,"as amended, which of the instant interference received the proposed oper­ have riot, however, entirely eliminated ^proposals would best provide a fair, effi­ ations of the Central Michigan« Broad­ the grounds and reasons precluding a cient and equitable distribution of radio casting Co., the Stevens-Wismer Broad­ grant without hearing of the said appli­ casting Company, the Flat River cations; and in which the applicants servie©; 9. To determine, in the event it is con­ Broadcasting Company/ the Caro Broad­ stated that they would appear at a hear­ cluded, pursuant to the foregoing issue casting Company and the Tuscola ing ori the instant applications; and that one of the proposals for Caro, Mich­ Broadcasting Company may not be in It further appearing that after consid­ igan should be favored, which the pro­ compliance with § 3.28(c) of the Corn- eration of the foregoing and the appli­ posals of Stevens-Wismer Broadcasting emission’s rules in that the interference cants’ replies, the Commission is still Company, Caro Broadcasting Company, which would be received may affect more unable to make the statutory finding that or T u sc o la Broadcasting Company than ten percent of the population within a grant of the applications would serve would best serve the public interest, con­ their respective normally protected pri­ the public interest, convenience, and venience and necessity in the light of tne mary service areas; and necessity ; and is of the opinion that the evidence adduced under the issues ^er® applications must be designated for hear­ It further appearing that by letter and the record made with respect to tne ing in a consolidated proceeding on the dated May 21, 1958, counsel for the Flat significant differences between the saia issues specified below; River Broadcasting-Company stated-that applicants as to : . f it is prepared to show in heating that It is ordered, That, pursuant to sec­ a. The background and experience oi Oil City, Michigan, is not a community tion 309(b) of the Corhmunications Act each having a bearing on the applicant s within the meaning of section 307(b) of of 1934, as amended, the instant appli­ ability to own and operate the proposed the Communications Act' of 1934, as cations are designated for hearing in a standard broadcast station. amended; that in response to the Com­ consolidated proceeding, at a time and b. The proposal of each with respect mission’s request for data to show place to be specified in a subsequent to the management and operation oi tn whether Oil City is an integrated com­ Order, upon the following issues: ' proposed station. '■ c. The programming service propose munity, counsel for the Central Michigan 1. To determine the areas and popula­ in each of the said applications. Broadcasting Co. stated, by letter dated tions which may be expected to gain or lose primary service from the proposed 10. To deterinine, in the light of May 28, 1958, that “the proposed station evidence adduced pursuant to the xor is intended to serve a large rural area operation of Station W G H N and the y

Thursday, June'18, 1959 FEDERAL REGISTER 4975

going issues which, if any, of the instant make a finding that a grant of the appli­ [Docket Nos. 12895, 12896; FCC 59-548] applications should be granted. cation would -serve the public interest, It is further ordered, That, to avail convenience and necessity; and that a BUCKLEY-JAEGER BROADCASTING themselves of the opportunity tTriangle Publications, Inc. of a grant of the application of the ing on the application; and (W F B G ), (Radio & Television Division), Buckley-Jaeger Broadcasting Corpora­ It further appearing that after con­ Altoona, Pennsylvania, has 1340 kc, 250 tion, as a result of the hearing proceed­ sideration of ttye foregoing and the appli­ w, U, requests 1290 kc, 1 kw, 5 kw-LS, I ing, such grant shall contain a condition cant’s reply, the Commission is still DA-2, U, Docket No. 12899, File No. unable to make the statutory finding requiring Station W H IM to receive per­ BP-11902; for construction permits for that a grant of the application .would mission from the Commission to deter­ standard broadcast stations. serve the public interest, convenience, At a session of the Federal Communi­ mine power of W H IM by the indirect and necessity; and is of the opinion that method during installation of the FM cations Commission held at its offices in the application must be designated for Washington, D.C., on the lOth day of antenna and checking resistance of the hearing on the issues specified below; June 1959; , tower after the installation has been I t is ordered, That pursuant to section The Commission having under con­ completed; any change in resistance will 309(b) Qf the Communications Act of sideration the above captioned and de­ necessitate submission of Forms 302 for 1934, as amended, the instant applica­ scribed applications; • , WHIM. tion is designated for hearing, at a time It appearing that except as indicated It is further ordered, That the issues and place- to be specified in a subsequent by the issues specified below, each of tne. in the above-entitled proceeding may be order, upon the following issues: applicants is legally, technically, finan­ enlarged by the Examiner, on his own 1. To determine the areas and popula­ cially, and otherwise qualified to con­ tions within the 50 uv/m and 1 mv/m motion or on petition properly filed by a struct and operate its instant proposal, contours which may be expected to gain m , . party to the proceeding and upon a suffi­ or lose service from the proposed opera­ cient allegation of facts in support there­ It further appearing that pursuant to tion of KFM C and the availability of ction 309(b) of the Communications of, by the addition of the following issue": other FM broadcast service to such areas st of 1934, as amended, the Com m «- To determine whether funds available to and populations. j on, in a letter dated March 25, 19^. the applicant will give reasonable assur­ 2. To determine whether the instant id incorporated herein by refe^e^ ’ ance that the proposals set forth in the proposal of KFMC would involve objec- itified the instant applicants, and any application will be effectuated. - tionable interférence with Station ,her known parties in interest, of tne K ANT-FM , Lancaster, California, or any Released: June 12, 1959. rounds and reasons for the Commis other existing FM broadcast stations, on’s inability to make a finding tha F ederal C ommunications and, if so, the nature and extent thereof, grant of any one of the applications C o m m is s io n , the areas and populations affected there­ ould serve the public interest, co [ s e a l ] M a r y J a n e M o r r is, by, and the availability of other service to mience, and necessity; and that a c py Secretary. such areas and populations. : the aforementioned letter is availab 3. To determine, in the light of the >r public inspection at the Commission [F.R. Doc. 59-5069; Filed, June 17, 1959; ' 8:52 a.m.j , évidence adduced, pursuant to the fore- Efices; and

V Thursday, June 18, 1959 » FEDERAL REGISTER 4977 It further appearing that the instant and the availability of other primary applicants filed timely replies to the Day, Docket No. 12900,File No. BP-12112; service to such areas and populations. The Capital Broadcasting Company aforementioned letter, which replies 2. To determine whether interference have not, however, entirely eliminated (WNAV), Annapolis, Maryland, has received from Stations WNBF, Bingham­ 1430 kc, 1 kw, DA-N, U, requests 1430 kc the grounds and reasons precluding a ton, New York, and WHIO, Dayton; Ohio, grant without hearing of the said ap­ 1 kw, 5 kw-LS, D A-N , U, Docket No* would affect more than ten percent of the 12901, File No. BP-12773; for construc­ plications; and population within the normally protected It further appearing that by amend­ tion permits for standard broadcast primary service area of the instant pro­ stations. ment filed April 22, 1959, W FB G sub­ posal of W FBG, in contravention of mitted measurement data indicating that At a session of the Federal Communi­ § 3.28(c) (3) of the Commission rules, cations Commission held at its offices in no interference would be caused to Sta­ and; if so, whether circumstances exist tion WNBF, Binghamton, New York, of Washington, D.C., on the 10th day of which would warrant a waiver of said June 1959; which Triangle Publications, Inc., is also section. the licensee; and purporting to show that The Commission having under con­ 3. To determine whether the instant sideration the above-captioned and de­ the proposed operation of W FB G would proposal of Triangle Publications, Inc., be in compliance with § 3.28(c) of the scribed applications; would'provide the coverage of the city It appearing that except as indicated Commission Rules, notwithstanding the sought to be served, as required by fact that interference received from by the issues specified below, each of the §§ 3.188(b) (2) and 3.28(c)(2) of the applicants is legally, technically, finan­ WNBF, Binghamton, New York, and Commission rules. cially, and otherwise qualified to con­ WHIO, Dayton, Ohio, would affect more 4. To determine, in the light of the evi­ than ten percent of the population struct and operate its instant proposal, dence adduced, pursuant to the foregoing but that the proposals involve mutual within the proposed primary service area issues, whether grants of the instant ap­ because the proposed operation would interference; that the proposed opera­ plications would serve the public interest, tion of John Laurino would cause slight come within one of the exceptions stated convenience and necessity. in said rule in that twenty-five percent or interference to the existing operation of I t is further^ordered, That, in the Station W N AV; that the proposed oper­ more of the proposed nighttime primary event of a grant of the application of service area is without primary night­ ation of W N A V would involve slight ob­ Cary H. Simpson tr/as Tyrone Broad­ jectionable interference with Station time service at present; but that the pro­ casting Company, the construction per­ posed operation of W FB G will not comply W DDY, Gloucester, Virginia; and mit shall contain a condition that Sta­ It further appearing that pursuant to - with § 3.28(c) (2) of the rules in that the tion W T R N shall accept any interference proposed operation will not provide pri­ § 1.362(c) of the Commission rules, both which may be received as a result of a applicants herein, by amendments filed mary service to the entire com m unity of grant of the application of C. M. Zinn Altoona at night; and March 2, 1959, expressly waived their and C. Leslie Golliday d/b as Martins­ rights under section 309(b) of the Com­ It further appearing that by letter burg Broadcasting Company, File Np. dated March 17, 1959, W FB G requested munications Act of 1934, as amended, to BP-12375, for a construction permit to be advised by letter of any deficiencies in a waiver of the-requirements of § 3.28(c) increase the daytime power of Station of the rules, but that the Commission is their respective applications; and that WEPM, Martinsburg, West Virginia, neither applicant has filed objection to unable to determine on the basis of the from 250 watts to one kilowatt. information before it whether circum­ the waiver filed by the other applicant- i t is further ordered, That, to avail and stances exist which would warrant a themselves of the opportunity to be It further appearing that the public waiver of § 3.28(c) of the rules; and heard, the applicants herein, pursuant to It further appearing that in an amend­ interest would be served by allowing said § 1.140 of the Commission rules, in per­ notice to be waived as requested by the ment filed April 27, 1959, W T R N agreed son or by attorney, shall, within 20 days to accept any interference which may be instant applicants, see Niagara Frontier of the mailing of this order, file with the Amusement Corp., 10 Pike and Fischer from the operation of Station Commission, in triplicate, a written ap­ WEPM, Martinsburg, West Virginia, pro­ R.R. 57, 58; and Order of the Commis­ pearance stating an intention to appear sion, FÇC 59-192, released March 11, posed in the application of C. M. Zinn on the date fixed for the hearing anr] 1959; and that no other party will be and C Leslie Golliday d/b as Martins- present'evidence on the issues specified n p gi ®F°adcasting Company, File No. in this order. prejudiced theréby, since the applicants are the only parties entitled under section "T'-i2375, Proposing to increase daytime I t is further ordered, That, the issues Power of WEPM from 250 watts to one 309(b) to reply to a letter advising them in the above-captioned proceeding may of the deficiencies ^ound; anq and submitted a letter dated be enlarged by the Examiner, on his own It further appearing that in the event ¿¡2* 2,2, 1?59> from WBLF, Beliefonte, motion or on petition properly filed by a of-a grant of the application of WNAV, mmsylvania, in which Station W B L F party to the proceeding, and upon suffi­ the construction permit should contain wnifirf u° accept the interference which cient allegations of fact insupport there­ a condition that before program tests tinn1nfbfxr^lsed by the Proposed opera­ of, by the addition of the following issue * tion of WTRN; and are authorized’-the permittee shall sub­ T o determine whether the funds avail­ mit a non-directional proof of perform­ able to the applicant will give reasonable inifailirthev aip?earing that each of the ance to establish that the inverse dis­ grant ^ ^ PllCfltlons is contingent upon a assurance that the proposals set forth grant of the other; and tance field at one mile has been reduced in the application will be effectuated. to essentially 435 mv/m as proposed; and striiti?-rtheL appearfng that after con- Released: June 15, 1959. It further appearing that the Commis­ cant? rant°f *5 ® foreg °ing and the appli- ahX / ephes, the Commission is still un- sion, after consideration of the above, F ederal "Communications is of the opinion that a hearing is a grant ^ f kft the statutory finding that C o m m is s io n , necessary/' thi the applications would serve [ s e a l ] M a r y J a n e M o r r is , It is ordered, That, pursuant to section neces^itv-10 1Pt.erest> convenience, and Secretary. 309(b) of the Communications Act of aDniipl?’ and 1S of the opinion that the [F.R. Doc.^ 59—5071; Filed, /June 17, 1959; ing inatl0ns must be designated for hear- 1934, as amended, the applications are 8:53 aon.] designated for hearing in a consolidated ‘«ues Sp S 1t a1t0w;Pr0Ceed‘ng °n the proceeding, at a time and place to be 309^^ °r^el i d’ That’ Pursuant to section specified in a subsequent order, upon the 1004 „ of the Communications Act of [Docket Nos. 12900,12901; FCC 59-552] following issues : ~ 1. To determine the areas and popula­ tions n ™ am.ended> the instant applica- JOHN LAURINO AND CAPITAL solidati^deSlgnated for bearing in a con- tions which would receive primary serv­ t o l atS Pr° Ce,eding* at a time and place BROADCASTING CO. TWNAV) . ice from the proposal of John Laurino Upon tho f1 nGd 111 a subsequent Order, and the availability of other primary j n the following issues: Order Designating Applications for service to such areas and populations. latirmcP dctermine the areas and popu- Consolidated Hearing on Stated Issues 2. To determine the areas and popu­ orlospr3 blC^ Uiay be expected to gain lations which may be expected to gain or 0DprafPnmary service from the proposed In re applications of John Laurino, Perations of Stations W T R N and W FBG lose primary service from the proposed Ashland, Virginia, requests 1430 kc, 1 kw, operation of Station W N A V and the 4978 NOTICES

set forth in the application will be T. 15 N„ R. 6 E., availability of other primary service to Sec. 5: SWy4SWi/4; such areEs and populations. - effectuated*. Sec. 6: Lots 1, 2, 3, of ^iE%,.. N ^S E ^, 3. To determine the nature and extent Released: June 15, 1959. SE14SE14; of the interference, if a n / , that each of Sec. 7: N E ^ N E y i; the instant proposals would cause to and F ederal C ommunications Secf 8: N W ^ N W ^ , Sy2NW % , Sy2; receive from each other and all other . COMMISSION, Sec. 9: Lots 3, 4, Ey2S W ^ ; Sec. 16: Lots 1,2,3, 4, E ]^ W ]^ , E ]^; existing standard broadcast stations, the [ s e a l ] M a r y J a n e M o r r is, Secretary. Sec. 17: All; areas and populations affected thereby, ggc 20 * All* ' and the availability of other primary^ [F.R. Doc. 59-5072; Filed, June 17, 1959; SecNai: Lots 1, 2,3,4, E]4T7Vz> E ; ■ - 1 service to such areas and populations. 8:53 a.m.] Sec. 22: All; 4. To determine whether the instant Sec. 23: S ^ ; proposal of John Laurino would involve Sec. 24: SW (4: objectionable interference with Station Sec. 25: Lots 1, 2, NW % , Ny2SWy4,.SEi/4, W NAV, Annapolis, Maryland, or any Mineral Lot 43; [Docket 50-133] Sec. 26: Lots 1, 2, 3, 4, Ny2, SW&, NEy4 other existing standard broadcast sta­ 'SE]4 Part of Mineral Lot 39, Mineral Lot tions, and, if so, the nature and extent PACIFIC GAS & ELECTRIC CO. . 42A; thereof, the areas and populations a f­ S©c 27i All* fected thereby, and the availability of Notice of Amendment of Application Sec. 28: Lots 1,2, 3,4, Ei/2Wy2, Ey2; other primary service to such areas and ' for Construction Permit and Utiliza- Sec. 29: TS%; Sec. 32:Ey2; populations. tion Facility License 5. To determine whether the instant _ - Sec. 33: Lots 1, 2, Wy2SW%, Ey2Wy2, Ei/2; Please take notice that the notice with Sec. 34: All; proposal of W N A V would involve objec­ Sec. 35: Lots 1, 2, Sy2NEy4) Wy2, SEi/4l Part tionable interference with* Station respect to the application for a construc­ of Mineral Lot 39, MineralLot 42B; W DDY, Gloucester, Virginia, or any other tion permit and facility license filed by Sec. 36: N % ,-SW & . existing standard broadcast stations, the Pacific Gas & Electric Company T. 16 N., R. 6 E., and, if so, the nature and extent thereof, which appeared in the’P’EDERAL R e g ister Sec. 31: Lots 1, 2, 3, 4, NE%-> Ey2 W»/2; the areas and populations .affected on June 12, 1959, 24 F.R.„ 4776, was in­ Sec. 32: N E ^N E y4, Wy2NWy4. thereby, and the availability of other correct in that the description of the T. 15 N., R. 7 E., primary service to such areas and facility should have read “* * * a 50 Sec. 30: Lots 3, 4, Ey2SW % ; megawatt (electrical) * * * reactor” Sec. 31: Lots 1, 2,EyjNW ]4- populations. Public Lands: 6. To determine, in the light of section instead of “ * * * a 50 megawatt (ther­ T. 16 N., R. 6 E., 307(b) of the Communications Act of mal) * * * reactor”. Sec. 14: Lots 4, 6; 1934, as amended, which of the instant Dated at Germantown, Md., this 17th Sec. 27: N W ‘/4NWy4SWy4; proposals would better provide a fair, Sec. 28: Lot 17. day of June 1959. efficient and equitable distribution of The area reserved by the filing of this For the Atomic Energy Commission. radio service. application is approximately 13,801.27 7. To determine, in the light of the ■H. L. P r ic e , acres, of which approximately 13,728.90 evidence adduced pursuant to the fore­ Director, Division of acres are acquired lands within the Beale going issues which, if either, of the in­ Licensing and Regulation. Air Force Base, of the total area ap­ stant applications should be granted. proximately 59.96 acres of Public Lands I t is further ordered, That Cape Radio, [F.R,. Doc. 59-5137; Filed, June 17, 1959; 11:39 a.m.] have been heretofore reserved, for power Inc„ licensee of Station W D DY, is made in connection with Project No. 187 or a party to the proceeding, and The Capi­ Power Site Classification No. 183. tal Broadcasting Company is made a Copies of map Exhibits “H ” (FPC No. party respondent^ with respect to the FEDERAL POWER COMMISSION 2238-1) and “I ” (FPC No. 2238-2) are existing operation of Station W NAV. [Project No. 2238] being transmitted to Bureau of Land I t is further ordered, That,\ in the Management, Geological Survey, De­ event of a grant of the application of SHERIDAN COUNTY WATER DISTRICT, partment of Defense and General Serv­ The Capital Broadcasting Company, the WALDO PROJECT ices Administration. construction permit shall contain a con­ dition that, before program tests are au­ Land Withdrawal J o s e ph H. G utride, Secretary. thorized, the permittee shall submit a Ju n e 12, 1959. non-directipnal proof of performance to [F.R. Doc. 59-5014;7 Filed, June 17, 1959: Conformable to the provisions of sec­ establish tliat the inverse distance field 8:45 a.m.] at one mile has been reduced to essen­ tion 24 of the Act of June 10, 1920, as tially 435 mv/m as proposed. amended, notice is hereby given that I t is further ordered, That, to avail the lands hereinafter described, insofar themselves of the opportunity to be as title thereto remains in the United \ [Docket No. G - 15888, etc.] States, are included in power project heard, the applicants and parties re­ MIDDLE STATES PETROLEUM CORP. spondent herein, pursuant to § 1.140 of No. 2238 for which application for pre­ liminary permit was filed December 16, the Commission rules, in person or by ET AL. 1957. Under said section 24 all lands attorney, shall, within 20 days of the of the United States lying within the Notice of Severance mailing of this order, file with the Com­ boundaries of th,e project as delimited JUNE 11, 1959. mission, in triplicate, a written appear­ on map exhibits filed in.support thereof In the matters of Middle States Pe­ ance stating an intention to appear on are from said date of filing reserved troleum Corporation, et al., Docket N • the date fixed for the hearing and pre­ from entry, location or other disposal G-15888, et al.; Estate of Lyda, Bunke sent evidence on the issues specified iii under the laws of the United States until Hunt, deceased, Docket No. G-159f¿•- this order. otherwise directed by the Commission Take notice that the application íptne or by Congress. I t is further ordered, That, the issues Matter of the Estate of Lyda Bun in the above-captioned proceeding may Mount Diablo Meridian Hunt, deceased, in Docket NO. CMWWJ be enlarged by the Examiner, on his own Acquired Lands: which has beeii heretofore consolidated motion or on petition properly filed by T. 14 N., R. 6 E., with various other applications in P a party to the proceeding, and upon suf­ Sec. 2: Lofs 1,2, 3,4, S ^ N 1/^, S%; ceeding entitled: In the matters 0 ficient allegations of fact in support Sec. 3: Lots 1,2,3,4, sy2Ny2, sy2; die States Petroleum Corporation, et a7» Sec. 4: Lots 1,2, sy2NE]4, SE&; thereof, by the addition of the following Docket Nos. G-15888, et al., and scnea Sec. 10: Ny2,SEiA; uled to be heard therewith at 9.30 am, issue: To determine whether the funds Sec. 11: Ny2; e.d.s.t., on June 23,1959, is hereby severed available to the applicant will give rea­ Sec. 1 5 : Ny2 NE%, SE^NE^, Sy2 SW %, sonable assurance that the proposals SE%. Thursday, June 18, 1959 FEDERAL REGISTER 4979

such disposition as might hereafter be dition to other acreage adjacent thereto, appropriate. pursuant to a contract dated May 24, Rate Supple­ 1957, by and between Parker, et al., and Respondent Schedule ment Docket No. J o s e ph H . G u t r id e , No. No. Secretary. • Northern. The petition and application filed here­ 1. Shell Oil Co. (oper­ [F.R. Doc. 59-5016; Piled, June 17, 1959; in are on file with the Commission and ator), et al______202 0-18697 8:45 a.m.] open to public inspection. 202 1 206 G-18697' These related matters-should be heard 206 1 on a consolidated record and disposed of 207 G-18697 as promptly as possible under the appli­ 207 fF [Docket Nos. G-11390, G-14550] 2. Shell Oil Co. (oper­ cable rules and regulations and to that ator)..______203 G-18698 end; 203 l PARKER PETROLEUM COMPANY, 3. Shell Oil Co...... 204 G-18609 INC., ET AL. Take further notice that, pursuant to 204 l the authority contained in and subject 205 G-18699 ‘ 205 Notice of Petition and Application to the jurisdiction conferred upon the l and Date of. Hearing Federal Power Commission by sections 7 and 15 of the Natural Gas Act, and the - Shell proposes six renegotiated rate v J u n e 11, 1959. Commission’s rules of practice and pro­ increases pursuant to its new contracts, Take notice that Parker Petroleum cedure, a hearing will be held on July 2T, dated May 1, 1959, with United. The Company, Inc., Operator, et al., 1959, at 9:30 a.m., e.d.s.t., in a Hearing current rate under the contracts. pro­ (Parker)1 filed a petition, on February 21, Room of the Federal Power Commission, posed to be superseded is 10.4970 per 1958, to amend the Commission’s order 441 G Street NW., Washington, D.C., Mcf, while the rates provided in the new issued August 6, 1957, In the Matters of concerning the matters involved' in and contracts range 20.550 to 23.550 per Mcf. Parker Petroleum Company, Inc., O r­ the issues presented by such applica­ In support of the increased rates Shell ville H. Parker and John S. Bottomly, tions : Provided, however, That the Com­ states (1) that the old contracts were et al., Docket Nos. G-11385, et al., by mission may after a non-contested hear-' executed during the period between 1944 deleting certain acreage therefrom^ as ing, dispose of the proceedings pursuant , and 1951 and will expire by their own hereinafter described, all as more fully to the provisions of § 1.30(c) (1) or (2) terms in the near future; (2) that under represented in the petition. 6f the Commission’s rules of practice and the old contracts it is afforded no means The above-mentioned order, inter alia, procedure. Under ,the procédure herein of altering the price, except to reflect authorized Parker, in Docket No. G - provided for, unless otherwise advised, it reimbursement of additional Louisiana 11390, to render service to Cities Service will be unnecessary for Applicant to ap­ taxes, and that at the time the old con­ Gas Company (Cities ServiGe) from the pear or be represented at the hearing. tracts were executed it was willing to Gleiwood Field, Beaver County, Okla­ Protests or petitions to intervene may enter fixed price contracts since United homa, under a contract dated November be filed with the Federal Power Commis­ had historically amended or replaced 7, 1955. The petition herein seeks to sion, Washington 25, D.C., in accordance contracts usually at 5-year «intervals, as delete from such authorization leases with the rules of practice and procedure necessary to adjust prices to current covering the NW/4 Section 32-6N-28E in (18 CFR 1.8 or 1.10) on or before July conditions; (3 ).that during this time it the Parker-Berends Unit comprising aH 10,1959. Failure of any party to appear has purchased the major portion of its of Section 32-6N-28E, and Lots 1 and 2 at and participate in the hearing shall fuel requirements at its oil refinery and of Section 31-6N-27E in the Shell-Lonker be construed as waiver of and concur­ chemical plant in St. Charles Parish Unit comprising in addition to said tract rence in omission herein of the inter­ from United at United’s current weighted - all of «Section 36-6N-27E. mediate decision procedure in cases average field purchase cost plus a trans­ In support thereof, Parker states that where a request therefor is made. portation differential, and that United’s price to Shell has thus increased while gas from the remainder of said units is J o s e ph H . G u t r id e , Shell’s rate to United has been frozen at sold to Northern Natural Gas Cdmpany Secretary. (Northern) and that inasmuch as only the 1948-1952 level; (4) that the pro­ one well per section could be drilled [F.R. Doc. 59-5015; Fjled, June 17, 1959; posed increase prices will correct the under-the State of Oklahoma’s spacing 8:45 a.m.] inbalance between its field sale price and regulations, it was impossible to segre­ its plant purchase costs; ,(5) that its gate the gas to comply with the terms of proposed prices are in keeping with other the Cities Service contract and of the prices United and other .purchasers are various contracts with Northern. Cities [Docket No. G-18697, etc.] paying in the area and will not activate Service, therefore, by agreements dated SHELL OIL CO. ET AL. price clauses in other United contracts November 14, 1957, and January 3, 1958, for the purchase of gas in the area; and released the above-described acreage Order for Hearings and Suspending (6) that the increased prices, represent irom its gas purchase contract of No­ Proposed Changes in Rates its minimal needs to enable it without vember 7, 1955, rather than make a dual economic loss to continue selling gas, are connection to the wells or other arrange- June 11, 1959. necessary to offset the differential be­ menta for receiving the fractional inter­ In the matters of Shell Oil Company tween its sale price in the field and its est in the gas produced. (Operator), et al., Docket No. G-18697; cost of gas purchased from United for its Concurrently with the above petition, Shell Oil Company (Operator), Docket refinery and chemical plant. p0af. er*. Operator, et al., filed an appli­ No,. G-18898; Shell Oil Company, Docket The increased rates and charges so cation m Docket No. G-14550 for author- No. G-18699. ^ proposed have not, been shown to be ¡52??. to render service to Northern On MayT3, T959, Shell Oil Company, justified, and’ may be unjust, unreason­ om the aforementioned acreage, in ad- individually, as operator, and as operator, able, unduly discriminatory or preferen­ et al. (each hereinafter referred to as tial, or otherwise unlawful. dho^D Parties axe: Peter Henderson, Shell), tendered for filing renegotiated The Commission finds: It is necessary r*™?ter Henderson Oil Company, M. Foss contracts (rate schedules) dated May 1, 'and proper in the public interest and to Paim^Pany’ Robert L- Wickser, Stephen 1959, and Notices of Change thereto, aid in the enforcement of the provisions N rviji eor^e Moatsos, Michael Porges, Spiro dated May 11, 1959 for jurisdictional of the Natural Gas Act that the Commis­ Mar<«iliiailtaros’ Jerome B. Chambers and sales of natural gas td> United Gas Pipe sion enter upon hearings concerning the Colorarfn n Chambers, d.b.a. Diesel Sales of Line Company (United). The proposed Marshall William B. Benjamin, II, lawfulness of, the several proposed P e n S il Samuel M. M&rcus, Paul changes, which constitute increased rates changes and that each of Shell’s afore­ aad Marv B' Meech> Morton Fearey and charges effective June 13, 1959,1 are mentioned FPC Gas Rate Schedules as Franz Fearey> Robert S. Arrpacost, Sr., contained in the following designated well as the Supplements thereto be sus­ McPhersonOI£ ’ R°bert P- Chick- Robert W. filings: pended and the use thereof deferred as bara S ’ Mrs' D- Bakewell Strong, Bar- hereinafter ordered. p^ r S ,’J ™ lam chl1* ^ Georgs iT h e stated effective date is the first day The Commission orders: \ P. Wipirel,» ’ Howard A. Schumacher, John aser, and Joseph Stewart. after expiration of the required thirty days’ (A ) Pursuant to the authority of the notice. No. H9----- & Natural Gas Act, particularly sections NOTICES 4980 eral Power Commission by sections 7 and tion 7 of the Transportation Act of 1958 4 and 15 thereof, the Commission’» rules 15 of the Natural Gas Act, and the Com­ to continue to operate as a common car­ of practice and procedure, and the regu­ rier, by motor vehicle, over irregular lations under the Natural Gas Act (18 mission’s rules of practice and procedure, a hearing will be held on July 21,1959 at routes, transporting: Bananas, between CFR Ch. I), public hearings shall be 9:30 a.m., e.d.s.t., in a Hearing Room of Syracuse, N.Y., and Weehawken, N.J. held upon dates to be fixed by notices No. MC 117832, filed November 17, from the Secretary concerning the law­ the Federal Power Commission, 441 G Street NW., Washington, D.C., concern­ 1958. Applicant: B. C. ALSTON, doing fulness of the proposed increased rates ing tho matters involved in and the is­ business as B. C. ALSTON TOMATO and charges contained in Shell’s afore­ sues presented by such application: COMPANY, 820 East Fourth Street, mentioned FPC Gas Rate Schedules as Pro­ vided, however, That the Commission Little Rock, Ark. Grandfather authority well as the supplements thereto. may, after a non-contested hearing, dis­ sought under section 7 of the Transpor­ (B ) Pending hearing and decision tation Act of 1958 to continue to operate thereon, each of the said supplements pose of the proceedings pursuant to the provisions of § 1.30(c) (1) or (2) of the as a common carrier, by motor vehicle, and rate schedules tendered by Shell is Commission’s rules of practice and pro­ over irregular routes, transporting: hereby suspended and the use thereof cedure. Under the procedure herein Bananas, from Nfew Orleans, La., and deferred until November 13, 1959, and provided for; unless otherwise advised, it Mobile, Ala., to Little Rock, Ark. until such further time as it is made ef- No. MC 117907 (Republication), filed ~fective in the manner prescribed by the will be .unnecessary for Applicant to ap-v pear or be represented at the hearing. November 28, 1958, published June 11, Natural Gas Act. " Protests or petitions to intervene may 1959, issue of F ederal R egister. Appli­ (C ) None of the several supplements cant: LOUIS E. ARNETT, doing business and fate schedules hereby suspended be filed with the Federal Power Commis­ sion, Washington 25, D.C., in accordance as LOUIS ARNETT PRODUCE & shall be changed until the relevant pro­ FROZEN FOODS, Mitchellville, Term. ceeding-has been disposed of or until the with the rules of practice and procedure (18 CFR 1.8 or 1.10) on or before July 10, Grandfather authority sought under sec­ applicable period of-suspension has ex­ tion 7 of the Transportation Act of 1958 pired, unless otherwise ordered by the 1959. Failure of any party to appear at and participate in the hearing shall be to continue 4© operate as a/ contract car­ Commission. "construed as waiver of and concurrence rier, by motor vehicle, over irregular (D ) Interested State commissions may routes, transporting: Frozen /berries, in participate as provided by §§ 1.8- or in omission herein of the intermediate decision procedure in cases where a re­ straight and in mixed loads with certain 1.37(f) of the Commission’s^rules of prac­ exempt commodities, from Nashville, quest therefor is made. tice and procedure (18 CFR 1.8 or Tiptonville, and Portland, Term., and . 1.37(f)). J o s e ph H. G tjtride, Franklin, Ky., to points in Massachusetts, Secretary. By the Commission. Maryland, Pennsylvania, Ohio, New Jer­ [F.R. Doc. 59-5017; Filed, June 17, 1959; sey, New York, Wisconsin, Missouri, J o s e ph H. G tjtride, 8:45 a.m.] Illinois, Indiana, Kentucky, Michigan, Secretary. South Carolina, and West Virginia.

[F.R. Doc. 59-5018; Filed, June 17, 1959; N o t e : The purpose of this republication 8:45 a.m.] is to add certain exempt commodities and three destination states inadvertently left COMMISSION out of the original publication. [Docket No. G—17096] [Notice 22] , No. MC 117914, filed November 26, 1958. Applicant: PAT PHILLIPS, 101 PHILLIPS PETROLEUM CO. APPLICATIONS FOR MOTOR CARRIER Airline Highway, P.O. Box 9199, New Or­ “ GRANDFATHER” CERTIFICATE OR leans, La. Applicant’s attorney.» Rollo Notice of Application anckDate of PERMIT E. Kidwell, 305 Empire Bank Building, Hearing Ju n e 12, 1959. Dallas 1, Tex. Grandfather authority sought under section 7 of the Transpor­ J u n e 11, 1959. The following applications and certain tation Act of 1958 to continue to operate Phillips Petroleum Company (Appli­ other procedural natters relating thereto as a common carrier, by motor vehicle, cant) , filed an application on November are filed under the “grandfather” clause over irregular routes, transporting. 26, 1958, for a certificate of public con- - of section 7(c) of the Transportation Act Bananas, between points in Louisiana, venience and necessity authorizing an of 1958. These matters are governed by on the one hand, and, on the othe, exchange of natural gas, as hereinafter special rule § 1.243 published in the F ed­ points in-rAlabama, Arkansas, Georgia, described, subject to the jurisdiction of er al R eg ister issue of . January 8, 1959, Illinois, Indiana, Kansas, Kentucky, the Commission, all as more fully repre­ page 205, which provides, among other Missouri, Nebraska, Ohio, Oklahoma, things, that this publication constitutes sented in. thé application which is pn) Tennessee, and Texas. file with the Commission and open to the only notice to interested persons of No. MC 117924, filed November 2», filing that will be given; that appropriate public inspection. -, 1958. Applicant: B. C. TRUCK LEAS- Applicant proposes an exchange of protests to an application (consisting of IN G CO., LTD., 4265, Lougheed Highway, natural gas with Cities Service Gas Com­ an original and six copies each).must be North Burnaby, British Coiumbia. Can- filed with the Commission at Washing­ pany (Cities Service) from Applicant’s ada. Applicant’s attorney: F e rn s*’ 50 percent interest in production from ton, D.C., within 30 days from the date Albers, 916-19 Arctic Building, Seattle , the Miller “B ” Lease located in the Guy- of this publication in the F ederal R e g is ­ Wash. Grandfather authority sought t e r ; that failure to so file seasonably mon-Hugoton Field, Texas County». under section 7 of the Transpor Oklahoma. will be construed as a waiver of opposi­ Act of 1958 to continue to operate as tion and participation in such proceed­ The proposed exchange will be ac­ common carrier, by motor vehic • ing, regardless of whether or not an complished by the delivery of the subject irregular routes, transporting. oral hearing is held in the matter; and gas by Applicant to Northern Natural fruits, frozen berries, a?d. QXe. Gas Company at the wellhead fpr the ac­ that a copy of the protest also shall be tables, from points m Washington, Or count of Cities Service, pursuant to an served upon applicant’s representative gon, and California to P°mts m Can™ exchange agreement dated April 1,1954; (or applicant, if no practitioner repre- nia and Washington, and to p o r t ^ senting\him is named in the notice of Cities Service, in turn, will credit Appli­ entry on the International can­ cant for such volumes and will deliver filing). line between the United States a ^ These notices reflect the operations like volumes into Applicant’s Sherman ada at or near Blaine and Sumas, described in the applications as filed on and Rock-Pam Gathering System. destined to points in Canada. This naatter is one that should be dis­ or before the statutory date of Decem­ No. MC 118008, M o d » c emlter 5,lSW- posed of as promptly as possible under ber 10, 1958. No. MC 117795, filed November 4,1958. Applicant: REMY FRUITS LM- the applicable rules and regulations, and RADE, doing busmen as F R U ii» to that end: Applicant: CARMEN D’AGOSTINO, do­ ing business, as D’AGOSTINO TRUCK­ ITED PRODUCE c° l ^ ^ 90pauline Take further notice that, pursuant to ORLEANS, LOUISIANA, 602 ING, 326 Park Street, Syracuse, N.Y. the authority contained in and subject to Street, New Orleans, La. Grano the jurisdiction conferred upon the Fed- Grandfather authority sought under sec­ T hursday, June 18, 1959 FEDERAL REGISTER 4981 authority sought under section 7 of the Hartford Street, San Antonin 10, Tex. Transportation Act of 1958 to continue No. MC 118228, filed December 8, 1958. Applicant’s attorney: Robert L. Strick­ Applicant: W . F. TATUM, doing business to operate as a common carrier, by motor land, 715 Frost National Bank Building, vehicle, over irregular routes, transport­ as W . F. TATUM PRODUCE CO., 110 San Antonio 5, Tex. Grandfather au­ Madison Avenue, Montgomery, Ala. ing: Bananas, from New Orleans, La., thority sought under section 7 of the and Mobile, Ala., to points in Alabama, Grandfather authority sought under sec­ Transportation Act of 1958 to continue tion 7 of the Transportation Act of 1958 Arkansas, Arizona, California, Colorado, to operate as a common carrier, by motor Illinois, Indiana, Kentucky, Michigan, to continue to operate as a common car­ vehicle, over irregular routes; transport­ rier, by motor vehicle, over irregular Minnesota, Missouri, Ohio, Tennessee, ing: Frozen fruits, frozen berries, frozen Texas, Utah, Wisconsin, and Wyoming. routes, transporting: Bananas, between vegetables, cocoa beans, coffee beans, tea, points in Alabama, Florida, Tennessee, No. MC 118067, filed December 9,1958. bananas, hemp, wool, imported from any Applicant: BENJAM IN STACY O R - Kentucky, Indiana, Mississippi, and foreign country, wool tops and noils, and Louisiana. RELL, JR., doing business as CASH wool waste (carded, spun, woven, or No. MC 118233, filed December 8, 1958 PRODUCE WHOLESALE, 619 North knitted), between points in the United Cherry Street, Winston-Salem, N.C. Applicant: ELIZABETH E. TRIOLI, States. Applicant also geeks authority doing business as TR IO LI TRUCKING’ .Grandfather authority sought under sec­ - to continue to engage in the transporta­ tion 7 of the Transportation Act of 1958 CO.y 125 Central Avenue, Chelsea 50, tion of exempt commodities when trans­ Mass. Applicant’s attorney.: George C. to continue to operate as a common ear­ ported for hire in the same vehicle at the ner, by motor vehicle, over irregular O ’Brien, 33 Broad Street, Boston 9, Mass. same time with the above-specified Grandfather authority sought under sec­ routes, transporting: Bananas, between commodities. tion 7 of the Transportation Act of 1958 Miami and Tampa, Fla., Columbia and No. MC 118179, filed December 8, 1958. Charleston, S.C., Norfolk, Va., New O r­ to continue to operate as a common car­ Applicant: HARRY MELMAN, doing rier, by motor vehicle, over irregular leans, La., New York, N.Y., and Raleigh business as H AR R Y M ELM AN CO., 400 and Winston-Salem, N;C. routes, transporting: Frozen fruits, fro­ Franklin Avenue, P.O. Box 3213, New zen berries, frozen vegetables, cocoa No. MC 118068, filed December 6, 1958. Orleans, La. Grandfather authority Applicant: FRANK CASSELLA, 2650 beans, coffee beans, tea, and bananas, sought under section 7 of the Transpor­ from Boston, Mass., New York and Dixwell Avenue, Hamden, Conn. Grand­ tation Act of J958 to continue to operate father authority sought under section 7 Brooklyn, N.Y., Newark, Weehawken, as a common currier, by motor yehicle, and Hoboken, N.J., Philadelphia, Pa., of the Transportation Act of 1958 to over irregular' routes, transporting: continue to operate as a common carrier, Baltimore, Md., Charleston, S.C., and Bananas, from New Orleans, La., to Ports of Entry pn the boundary between by motor vehicle, over irregular routes, points in Alabama, Arizona,. Arkansas, transporting: Frozen frutts, frozen ber­ the United States and Canada, in Maine, California, Colorado, Georgia, Illinois, to points in Connecticut, Rhode Island, ries, frozen vegetables, cocoa beans, cof­ Indiana, Iowa, New Mexico; Kansas, fee beans, tea, bananas, hemp, wool New Hampshire, Maine, and Massachu­ Kentucky, Louisiana, Michigan, Minne­ setts. - imported from any foreign country, wool sota, Missouri, Mississippi, Nebraska, No. MC 118237, filed December 8, 1958*! tops and noils, and wool waste (carded, North Dakota, Ohio, Oklahoma, Penn­ Applicant: A. M. UNDERHILL, doing spun, woven, or knitted), between points sylvania, South Dakota, Tennessee, in the United States. business as UNDERHILL VALLEY Texas, Utah, West Virginia, Wisconsin, FARMS, Askov, Minn. Grandfather au­ No. MC 118093, filed December 8, 1958 Wyoming, and Nevada. thority sought under section 7 of the Applicant: ANTHONY JOSEPH FA VA ­ No. MC 118184, filed December 5, 1958. LORA, doing business as A. J. PRODUCE Transportation Act of 1958 to continue Applicant: E. C. MILLER, doing business to operate as a contract carrier, by mo­ COMPANY, 7714 Green street, New Or­ as M ONTANA DAKOTA D ISTR IB U ­ tor vehicle, over irregular routes, trans­ leans, La. Grandfather authority sought TORS, P.-O. Box 641, Kalispell, Mont. porting: Bananas, from New Orleans, under section 7 of the Transportation Grandfather authority sought under sec­ La., and Mobile, Ala., to St. Paul, Minn.’ Act of 1958 .to continue to operate as a tion 7 of the Transportation Act of 1958 common carrier, by motor vehicle, over to continue to operate as a common car- rwiiP’ H8267, filed December 10, 1958. Applicant; CHARLES H.'COX,If irregular routes, transporting: Frozen s rier, by motor vehicle, over irregular- 2010 East 49th Street, Kansas City, Mo.’ /mis frozen berries, frozen vegetables routes, transporting: Frozen fruits, fro­ Grandfather authority sought under and bananas, from New Orleans, La., zen berries, and frozen vegetables, from section 7 of the Transportation Act of and Mobile, Ala., to points in Alabama,’ points in Washington and Oregon, to 1958 to continue to Operate as a common Arkansas, Arizona, California, Colorado, Great Falls, Missoula,' Livingston, carrier, by motor vehicle, over irregular Illinois, Indiana, Kentucky, Michigan, Chinook, and Glasgow, Mont. routes, transporting: Frozen fruits, fro­ Minnesota, Missouri, Ohio, Tennessee, No. MC 118190, filed December 9, 1958 zen berries, frozen vegetables, cocoa w as’ utah> Wisconsin, Idaho, W ash- Applicant: LEON POSEY, 2430 Loma beans, coffee beans, tea, bananas, hemp, inf?on> Oregon, arid Wyoming. Linda, Sarasota, Fla. Grandfather wool imported from any foreign country, Ar^v 118113> filed December 7,1958. authority sought under section 7 of the wool tops and noils, and wool waste pplicant: JACH HOOVER, doing busi- Transportation Act of 1958 to continue to (carded, spun, woven, or knitted), be­ IIL l,1! H TR UCK ING CO., 267 operate as a contract carrier, by motor tween points in the United States. Raven Hill Drive, San Antonio, Tex. Ap- yehicle, over irregular routes, transport­ No. MC 118268, fil^d December 10 7 sCaÍ Í S.aS 0ínéy: Robert L. Strickland, ing: Bananas, from Tampa, Fla., to 1958. Applicant: D. E. COX, 550 South Ánt ™ Í ^ tlonal Bank Building, San points in Alabama, Tennessee, Kentucky, Fourth Street, Kansas City, Kans. S 5’ Tex- Grandfather authority Georgia, North Carolina, South Carolina,’ J S * « ? section 7 of the Transpor- Virginia, Ohio, Indiana, Illinois, and Grandfather authority' sought under of 1958 to continue to operate Florida. section 7 of the Transportation Act of 1958 to continue to operate as a com­ over \ ^ m?n carrier> by motor vehicle, No. MC 118214, filed December 8, 1958.~ by motor vehicle, over ir­ zen S gUlar routes> transporting: Fro- Applicant: JOHN J. NICHOLS, doing mon carrier, berries> frozen vege- business as NICHOLS REFRIGERATED regular routes, transporting: Frozen harinñr,«0^00'bn.vn-nr.~ i. veu/«?, beans> couee coffee oeans, beans, tea, TRUCK LINE, Samstag Avenue, Os­ fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, foreien t' wo° l Sported from any sining, N.Y. Grandfather authority hemp, wool imported from any foreign wo° l tops and noils, and. sought under section 7 of the Transpor­ tation Act of 1958 to continue to operate country, wool tops and noils and wool S t e d r L woven, or waste (carded, spunT-woven, or knitted), States^ A?eiWeen points in the United as a common carrier, by motor vehicle, between points in the United States. transnorfPPllCant also seeks authority to over irregular routes, transporting: ■ ¿ S K S . e* empt commodities in the Bananas, from New York, N.Y., Phila­ No. M C 118273, filed December 10, 1958. Applicant: A. A. TRUCKING abwe-namln &t the Same time with the delphia, Pa., Weehawken, N.J., and w lmed commodities. Baltimore, Md., to Buffalo, Rochester, CORP., Box 44, Lake. Huntington, N.Y. Grandfather authority sought under sec­ Applicant -11 « I n filed DeceI^ber 7,1958. Syracuse, and Albany, N.Y., Philadel­ tion 7 of the Transportation Act of HowSn jjSSfA * m e c o m AND phia, and Harrisburg, Pa., Lawrence, 1958 to continue to operate as a common ^ECOMD doing' business as Mass., Providence, R.I., and Baltimore’ LUM DISTRIBUTING CO., 106 Md. carrier, by motor vehicle, over irregular routes, transporting: Frozen fruits, fro- NOTICES 4982 Massachusetts, North Carolina, South to operate as a common carrier, by motor zen berries, frozen vegetables and ba­ Carolina, Georgia, Florida, Tennessee, vehicle, over irregular routes, transport­ nanas, from points in Florida, New Jer­ California, Louisiana, Kentucky, Missis­ ing, Bananas, from New York, N.Y. and sey, New York, 'Tennessee, Maryland, sippi, Texas, Alabama, Iowa, Ohio, Illi­ Barre, Vt., to Rutland, St. Albans and Chicago, 111., and St. Louis, Mo., to points nois, Michigan, Missouri, Oklahoma, Barre, Vt. in the States east. of the Mississippi Wisconsin, Virginia, and West Virginia, No. MC 118347, filed December 10, to points in New York,'* New Jersey, Mas­ 1958. Applicant: ED HELIGMAN, doing No.* MC 118289 (REPUBLICATION), business as • REFRIGERATED FOODS, filed December 10, 1958, published June sachusetts, Florida, and Maine. No. MC 118317, filed December 9, 1958. 1402 Cass, St. Louis, Mo. Applicant’s 11 1959, issue of F ederal R egister. Ap­ Applicant: MEDINA DISTRIBUTING attorney: Richard Marx, Suite 900, I n ­ plicant: LEONARD D. FULBRIGHT, 806 COMPANY, INC., *P.O. Box 8222, ^an ternational Office Building, 722 Chestnut North Kansas Street, El Paso, Tex. Ap­ Antonio, Tex. Grandfather authority Street, St. Louis 1, Mo. Grandfather plicant’s attorney: William J. Torring- sought under section 7 of the Transpor­ authority sought under section 7 of the ton, 1003 Maryland Trust Building, Transportation Act of 1958 to continue Baltimore 2, Md. Grandfather authority tation Act of 1958 to continue to op­ erate as a gommon carrier, by motor ve­ to operate as a common carrier, by motor sought under section 7 of the Transpor­ hicle, over irregular routes, transporting: vehicle, over irregular routes, transport­ tation Act of 1958 to continue to operate ing: Frozen fruits, frozen berries, fro­ as a common carrier, by motor vehicle Frozen fruits, frozen berries, frozen veg­ etables, cocoa beans, coffee beans, tea, zen vegetables, cocoa beans, Coffee beans, over irregular routes, transporting: Fro­ tea* and certain exempt commodities in zen fruits, frozen berries, and frozen and bananas, iq straight and in mixed loads with mixed shipments or in straight ship­ vegetables, from points in California and certain exempt commodities, between points in Alabama, Arizona, ments, from points in California, Penn­ Oregon to points in Texas, California, sylvania, New York, Virginia, Wisconsin, and Arizona,and bananas, from El Paso, Arkansas, California, Colorado, the Dis­ trict of Columbia, Florida, Georgia, Illi­ Ohio, Missouri, Illinois, and Florida, Tex., to points in Texas,, California, and and from McKenzie, Tenn., to St. Louis, Arizona. Applicant also seeks authority nois, Indiana, Kansas, Louisiana, M ary­ land, Massachusetts, Michigan, Minne­ Mo., Chicago, 111., and Detroit, Mich. to transport certain exempt commodities No MC 118351, filed December 10,1958. in mixed shipments with the above sota, Mississippi, Missouri, New Jersey, New Mexico, New York, North Carolina, Applicant: FRANK RECUPERO, 323 commodities. Ohio, Oregon, Pennsylvania, South Caro­ 10th Avenue, Scranton 4, Pa. Grand­ N ote: The purpose of this republication lina, Tennessee, Texas, Utah, Virginia, father authority sought under section 7 is to show the destination points of Texas, of the Transportation Act of 1958 to con­ and Wisconsin. California, and Arizona for the transporta*- tinue to operate as a common carrier, tion of bananas. Note: Applicant indicates it also seeks by motor vehicle, over irregular routes, authority to continue the transportation transporting: Bananas, from New York, No. MC 118296, filed December 9, 1958 of numerous exempt commodities, as more (R EPUBLICATIO N), published June 4, fully set forth in its application, when in Weehawken, N.J., and Baltimore, Md., 1959 issue F ederal R egister, page 4581. mixed shipments with the above-described to Scranton and Wilkes-Barre, Pa., and Applicant: KENNETH C. BAUM, doing commodities. Binghamton, N.Y. business as BAUM FRUIT AND PRO­ No. MC 118360, filed December 10,1958. No. MC 118324, filed December 10, DUCE, 404 Cottonwood Avenue, Eaton, Applicant: BOB RYAN, 1718 Debeney 1958. Applicant: STEPHEN PERLAKI, Colo.— Grandfather, authority sought Drive, Houston 16, Tex. Grandfather doing business as S. PERLAKI, PRO­ under section 7 of the Transportation authority sought under section 7 of the DUCE, 413 East Cumberland Street, Act of 1958 to continue' to operate as a Transportation Act of 1958 to continue Lebanon, Pa. Applicant’s attorney: common carrier, by motor vehicle, over to operate as a common carrier, by motor Thomas A. Ehrgood, Farm ers' Trust irregular routes, transporting: Frozen vehicle, over irregular routes, transport­ Building, Lebanon, Pa. Grandfather fruits, frozen berries, frozen vegetables, ing: Cocoa beans, coffee beans, tea, authority sought under section 7 of the bananas, hemp, and certain exempt com­ bananas, hemp, wool imported from any Transportation Act of 1958 to continue modities, in mixed and in straight'loads, foreign country,' wool tops and noils, wool to operate as a common carrier, by motor between points in Colorado, Wyoming, waste (carded, spun, woven, or knitted), vehicle, over irregular routes, transport­ Montana, Idaho, and Utah. and frozen fruits, berries and vegetables, ing: Frozen'fruits, frozen berries, frozen from Brownsville, Pharr, Galveston, and N ote: The purpose of this republication is vegetables, cocoa beans, coffee beans, Rio Grande Valley, Tex., New Orleans to include the transportation of exempt com­ tea, bananahem p, wool imported from modities as shown above. La., Miami, Fla., Brooklyn and New York any foreign country, wool tops and noils, City, N.Y., Jersey City, N.J., Los Angeles No. MC 118298, filed December 10,1958. and wool waste (carded, spun, woven, or and San Franciscso, Calif, and Chicago, Applicant: M ELVIN B^GARTON, doing knitted), from points in mideastern 1 1 1 .,-to Chicago, 111., Jersey City, N X business as BLUE BONNET DISTR IB­ States including Missouri, Wisconsin, Brooklyn and New York City, N.Y., Los U T IN G CO., 1001 West Queen, Tyler, Minnesota, Iowa, Nebraska, Illinois, Angeles and San Francisco, Calif., New Tex. Grandfather authority sought un­ Michigan, Ohio, Indiana, and the East­ Orleans, La., Fond du Lac, Wis., Dayton, der section 7 of the Transportation Act ern Seaboard, including Pennsylvania, Ohio, Grand Rapids, Mich., Oklahoma of 1958 to continue to operate as a New Jersey, New York* Massachusetts, City, Okla., Joplin, Mo., San Angelo an common carrier, by motor vehicle, over West Virginia, Virginia, Florida, Georgia, San Antonio, Tex., and Miami and lai- irregular routes, transporting: Frozen North Carolina, South Carolina, Texas, lahassee, Fla. . 10rq fruits, frozen berries, and frozen veg­ and Arkansas, and the District of Co­ No. MC 118382, filed December etables, from Dallas, and Tyler, Tex. lumbia to points in the above-described Applicant: LOUIS KAPLAN, 18 Grove to Louisville, Ky., Shreveport, La., St. origin States, and to points in Louisiana Street, Danvers, Mass. Applicants . Louis, Mo., and New York, N.Y. and Kentucky, and the District of Co­ torney: Joseph A. Kline, 18& Dfevonshir No MC 118313, filed December 10, lumbia, also, from Baltimore, Md., to Street, Boston, Mass. Grandfather a - Louisville, Ky., Chicago, 111., and Grand 1958. Applicant: JOSEPH MACHADO, thority sought under section 7 of Rapids, Mich.; from St. Louis, Mo,, to 245 Union Street, Fall River, , Mass. Transportation Act of 1958 to cont Grandfather authority sought under sec­ Dover, Del., from Philadelphia, Pa., to Denver, Cold., from New 'Haven, Conn., to operate as a cdmmon carrier, by tion 7 of the Transportation Act of 1958 vehicle, over irregular routes, transp^ - to continue to operate as a common car­ to Detroit, Mich., from New York, N.Y., ing: Bananas, from Boston, rier, by motor vehicle, over regular and to Knoxville, Tenn., and from Topeka, Lawrence, Mass., Brooklyn, and New irregular routes, transporting: Frozen Kans., to Wilmington, Del. fruits, frozen berries, frozen vegetables, No. MC 118346, filed December 10, York, N.Y., Weehawken, a™*,,. cocoa beans, coffee beans, tea, bananas, 1958. Applicant: WILLIAM A. Newark, N.J., Baltimore, Md., _ hemp, wool imported from any foreign HEDGES, doing business as WM. delphia, Pa., and Charleston, country, wool tops and noils, and wool HEDGES TRUCKING, 9 Smith Place, Boston, Ipswich, Brockton, New B > waste (carded, spun, woven or knitted), Barre, Vt. Applicant’s attorney: Rich­ Worcester, and Fitchburg, Mass., from points in New York, New Jersey, ard E. Davis, Barre, y t . Grandfather Chester, N.H., Providence, BX, and P Pennsylvania, Maine, New Hampshire, authority sought , under'section 7 of the land, Maine. Vermont, Connecticut, Rhode Island, Transportation Act of 1958 to continue Thursday, June 18, 1959 FEDERAL REGISTER 4983 No. M C 118385, filed December 10,1958. correct address is as shown above, 1601 to the car service and per diem agree­ Applicant: AL VIVIAN AND. RONNY J Street, Lakewood, Colo. VIVIAN, doing business as, AL VIVIAN ment under the terms of that agreement & SON, Box 428, Carrize Springs, Tex. By the Commission. and by filing it with the Director, Office of the Federal Register. Grandfather authority sought under sec­ [ seal3 H arold D. M cCoy, tion 7 of the Transportation Act of 1958 Secretary. Issued at Washington, D.C., June 12 . to continue to operate as a common 1959. carrier, by motor vehicle, over irregular [F.R. Doc. 59-4995; /Filed, June 17, 1959; 8:4$ a.m.] I nterstate Commerce routes, transporting: Frozen fruits, fro­ % Commission, zen berries, and frozen vegetables, be­ Charles W . Taylor, tween points in California, Ohio, New Agent. Mexico, Texas, North Carolina, Nevada, [Rev. S.O. 562, Taylor’s I.C.C. Order 100] [F.R. Doc. 59-5024; Filed, June 17, 1959; Massachusetts, Rhode' Island, Washing­ 8:47 a.m.] ton, DC., South Carolina, Connecticut, CHICAGO, AURORA AND ELGIN Wisconsin, Idaho, Missouri, Oregon, Vir­ RAILWAY CO. ginia, Kentucky, New York, Kansas, Ten­ nessee, Georgia, Arizona, Florida, Utah, Diversion or Rerouting of Traffic SECURITIES AND EXCHANGE Nebraska, Oklahoma, and Pennsylvania. In the opinion of Charles W. Taylor, No. MC 118421, filed December 10,1958. Agent, an emergency exists on the Chi­ Applicant: JEROME CLAY, 7095 Grape cago, Aurora and Elgin Railway Com­ [File No. 70-3803] Street, Denver, Colo. Grandfather au­ pany, because of discontinuance of thority sought under section 7 of the operations: BROCKTON EDISON CO. ET AL. Transportation Act of 1958 to continue I t is ordered, That: to operate as a common carrier, by motor Notice of Filing of Joint Application- (a) Rerouting ’traffic: The Chicago, Declaration Regarding the Issuance vehicle, over irregular routes, transport­ Aurora and Elgin Railway Company, and ing: Frozen fruits, frozen berries, frozen its connections, are hereby authorized and Sale of Debentures and Com­ and vegetables, cocoa beans, coffee beans to divert or reroute such traffic over any mon-Stock by Subsidiary and Acqui­ between Chicago, 111., Watson­ bananas, available route to expedite thé move­ sition Thereof by Stockholder Com­ ville, Los Angeles, San Francisco and ment, regardless of routing shown on the panies Oakland, Calif., Denver, Colo., Salt Lake waybill. The billing covering all such City, Utah, Phoenix and Tuscon, Ariz., June 11, 1859. cars rerouted shall carry a reference to In the matter of Brockton Edison Co Houston, Dallas apd Brownsville, Tex.,- this order as authority for the rerouting. Biloxi, Miss., Tampa\and Miami, Fla., Blackstone Valley Gas and Electric Co.! (b ) Concurrence of receiving roads to Seattle, Wash., Portland, Oreg., Omaha, Fall River Electric Light Co., and Eastern be obtained: The railroad desiring to Nebr., Kansas City, Mo., New Orleans, Utilities Associates; File No. 70-3803. divert or reroute traffic under this order La., and Mobile, Ala. Notice is hereby given that Brockton shall confer with the proper transporta­ No. MC 118422, filed December 10,1958. Edison Company (“Brockton”) , Fall tion officer of the railroad or railroad’s Applicant: JIM PIERATT, 4904 Steele! •River Electric Light Company ( “Fall to which such traffic is to be diverted or Denver 16, Colo. Grandfather authority River”) and Blackstone Valley Gas and rerouted, and shall receive the concur­ sought under section 7 of the Transpor­ Electric Company, exempt holding com­ rence of such -other railroads before the panies and public-utility subsidiaries of tation Act of 1958 to continue to operate rerouting or diversion is ordered. as a common carrier, by motor yehicle, Eastern Utilities Associates (“EUA”), a (c) Notification to shippers: The car­ over iregular routes, transporting: registered holding company, EUA and Fro- ' riers rerouting cars in accordance with and Montaup Electric Company (“Mon- zen fruits, frozen berries frozen veg­ this order shall notify each shipper at between New .Orleans, La., Mo­ taup”) , a public-utility company owned etables, thé time each car is rerouted or diverted bile, Ala., Denver, Colo., Tampa and by Brockton, Fall River and Blackstone, and shall furnish to such shipper the Miami, Fla., Phoenix and Tuscon, Ariz., have filed a [joint application-declaration new routing provided under this order. Salt Lake City, Utah, Los Angeles and with this Commission pursuant to the (d) Inasmuch as the diversion or re­ Public Utility Holding Company Act of Oakland, Calif., Brownsville, Houston, routing of traffic by said Agent is deemed and Dallas, Tex., Portland, Oreg., and 1935 (“Act”) , and have designated sec­ Kansas City, Mo. to be due to carrier’s disability, the rates tions 6 (a) and (b ), 7..9(a), 10, 12 (b ), applicable to traffic diverted or rerouted No. MC 118423, filed December 10,1958 (c), and (f) of the Act and Rules 42(b) by said Agent shall be the rates which 12), 43, 45(b) (1), and 50 thereunder as Applicant: S & W TRANSPORTATION, were applicable at the time of shipments JNC., 4717 East 48th Street North, applicable to the proposed transactions. on the shipments as originally routed. Kansas City 16, Mo. Grandfather au-, Montaup proposes to increase its com­ (e) In executing the directions of the ttnonty sought under section 7 of the mon, stock by 32,521 shares with an ag­ Commission and of such Agent provided gregate par value of $3,252,100, and to transportation Act of 1958 to continue for in this order, the common carriers to operate as a common carrier, by motor issue and sell such additional shares to­ involved shall proceed even though no gether with $3,950,000 principal amount in . n over irre&ular routes, transport­ contracts, agreements, or arrangements ing. and of 5 percent Debenture Bonds to be dated Frozen fruits, berries vegeta- now exist between them with reference J S '“ 0® points in California, Michigan, July 1, 1959 and maturing July. 1, 1989. to the divisions of the dates of trans­ Montaup’s sple common stockholders, Missouri t0 P0ints in Iowa’ Kansas, and portation applicable to said traffic; divi­ Brockton, Blackstone, and Fall River, sions shall be, during the time this order propose to> acquire such common stock MC 11842T> December 10,195Î remains in force, those voluntarily agreed and Debenture Bonds at prices equal, A> B> MURDOCK, Route ] upon by and between said carriers; or respectively, to the par value and prin­ ü \Porrest Park- Ga- Grandfathe upon failure of the carriers to so agree, cipal amount thereof, and in proportions uthor^ty sought under section 7 of th said divisions shall be those hereafter transportation Act of 1958 to continu conforming with the terms of an agree­ fixed by the Commission in accordance ment dated as of September 11, 1923, as vphiVi6 as a common carrier, by moto with pertinent authority conferred upon amended,'among Montaup and its stock­ W b 0Ver irregular routes, transport it by the Interstate Commerce Act. g. Bananas, from Miami and Tampa holder companies. Pursuant to said (f) Effective date: This order shaù be­ agreement, and reflecting an assignment Net’ 55arlest°n. S.C., Mobile, Ala., an. come effective at 4:00 p.m., June 12,1959. La > to Atlanta, Ga. by Blackstone and Fall River to Brock­ 1958’ Published F ed unless otherwise modified, changed, sus­ shares of the 32,521.additional Montaup P U c a ^ f f ^ S ®116 June n ’ 1959- AP pended or annulled. shares, Brockton will acquire 16,651 LakewnnrtAî î E,S H - COX> 1601 J Street I t is further ordered, That this order shares and $2,014,000 principal amount gaveannr’ C?10- Rfevious publicatior shall be served upon the Association of of Debenture Bonds; Blackstone will ac­ Strep?^1 Cant s address as 602 West 91s American Railroads, Car Service Divi­ ’ Kansas City, Mo., in error. Th< quire 9,070 shares and $1,036,600 prin­ sion, as agent of all railroads subscribing cipal amount of Debenture Bonds; and

/ 4984 NOTICES no longer treat as one person "a group Pall River will acquire 6,800 shares and Investors Selective Fund, Inc., Investors Stock Fund, Inc., Investors Variable Pay­ of individuals whose funds are combined, $899,300 principal amount of Debenture directly or indirectly for the purchase of Bonds. As a result of the foregoing ment Fund, Inc., and Investors Group Canadian FHind, Ltd.; File No. 812—1231. redeemable securities of a registered in­ transactions, the proportions of Mon- vestment company jointly or through a taup’s total outstanding securities held Notice is hereby given that Investors Mutual, Inc., Investors Selective Fund, trustee, agent, custodian, or other repre­ by Brockton, Blackstone, and Fall River sentative, nor * * * a trustee, agent, will become 37.87 percent, 31.98 percent Inc., Investors Stock Fund, Inc., In ­ vestors Variable Payment Fund, Inc., and custodian, or other representative of and 30.15 percent, respectively. such a group of individuals”. The new Montaup proposes to use the proceeds Investors Group Canadian Fund Ltd., open-end investment companies regis­ rule would, therefore, prevent the appli­ from the sale of its additional shares of cants from continuing, after March 20, common stock and the Debenture Bonds tered under the Investment Company Act of 1940 (“Act”) and Investors Di­ 1959, the sale of shares of the open-end to prepay without premium a portion investment companies to these Associa­ of'Montaup’s unsecured short-term bank versified Services Inc., a registered face- tions at the quantity discount rate of indebtedness incurred in connection with amount certificate investment company sales charge which now applies. its construction program. and principal underwriter and distribu­ tor for the named open-end companies By application dated February 20,1959 It is stated that the proposed issue and and amendment thereto dated March 2, sale of the Debenture Bonds and com­ (all collectively referred to herein as 1959, filed pursuant to section 6(c) of mon stock by Montaup and the acquisi­ “Applicant”) have filed an application the Investment Company Act of 1940, tion thereof by Brockton and Fall River -pursuant to section 6(c) of the Invest­ the applicants requested that a tempo­ are subject to the jurisdiction of the ment Company Act of 1940 (“Act”X for rary exemption be granted from the pro­ Department of Public Utilities of the , an'order of the Commission exempting visions of section 22(d) and Rule 22d-l Commonwealth of Massachusetts and from the provisions of section 22(d) of so as to permit the applicants to con­ that no other State commission or Fed­ the Act and Rule 22d-l adopted there­ tinue the sale of shares of the applicant eral commission, other than thi^ Corn- under the proposed issuance and sale of open-end investment companies, for a mission, has jurisdiction over the pro­ shares of the open-end companies to cer­ temporary period to and including Au­ posed transactions. tain Associations for the account of the gust 20, 1959, to these organizations on It is estimated that the fees ànd ex­ individual members of said Associations the basis of sales charges as available penses to be incurred in connection with on the basis of a reduced sales load ap­ priQr to adoption of Rule 22d-l. The the proposed transactions will amount plicable to quantity purchases as dis* application fof* temporary exemption was to $ lé,800 for Montaup, including coun­ closed in the prospectuses of such open- granted by the Commission on March sel fees and expenses of $1,160; and $525 end companies. 26, 1959. The application states that for Blackstone, $625 for Brockton, and The application makes the following . officers of the Associations have now re­ $635 for Fall River, all consisting of representations: quested of the applicants that they file || counsel fees and expenses in each case. Los Angeles Physicians Retirement As­ a further application seeking an order Notice is further given that any inter­ sociation and Los Angeles Dentists Re­ of the Commission making permanent ested person may not later than June 25, tirement Association (“Associations”) the temporary exemption heretofore 1959, at 5:30 p.m., request the Commis­ are’ non-profit California membership sion in writing that a hearing be held corporations having as members, respec­ granted. - Section 6(c) of the Act authorizes the on such matters stating the nature of tively, approximately 1100 physicians Commission by order upon application to his interest, the reasons for such request, and 500 dentists. They were organized exempt, conditionally or unconditionally, and the issues of fact or law raised by to assist their members in the establish­ any transaction from, any provision of said filing which he desires to controvert, ment of individual, personal retirement , the Act or of any rule or regulation there­ or he may request that he ' be notified plans, and commenced operations, re- . should the Commission order à hearing spectively, in November 1955 and March under, if and to the extent that the Com­ thereon. Any such request should be 1957. Since then, the membership of the mission finds that such exemption is necessary or appropriate in the public addressed : Secretary, Securities and Ex­ two organizations, composed entirely of change Commission, Washington 25, professional men (physicians and dent­ interest and consistent with the pro­ tection of investors and the purposes D.C. At any time after said date the ists), have succeeded in setting aside Commission may grant and pennit to approximately $5,000,000 for their retire­ fairly intended by the policy and provi­ become effective the joint application- ment income. University Retirement- sions of the Act. declaratiori, as filed or as it may be Investment Association (“Associations”) It appearing to the Commission that it amended, as provided by Rule 23 pro­ is a non-profit organization organized in'' is appropriate in the public interest and mulgated under the Act, or the Commis­ September of 1954 whose members are in the interest of investors that a hearing sion may grant exemption from its rules all full-time faculty and staff personnel be held with respect to the application; under the Act or. talce such other action of the University of ’Minnesota. It was It is ordered, Pursuant to section 40(a) as it may deem appropriate. organized to assist 4ts individual mem­ of said Act, thatfa hearing on the afore­ bers in establishing personal retirement said application under the applicable By the Commission. plans and its approximately 230 mem­ provisions of the Act and of the rules of the Commission thereunder be held on [ s e a l ] O ryal L. D u B o is , bers have contributed for such purpose Secretary. approximately $608,000. the 9th day of July 1959 at 10:00 ami., The funds so set aside have been in­ in the office of the Securities and Ex­ [F.R. Doc. 59^5027; Filed, June 17, 1959; change Commission, 425 Second Street 8:47 a.m.J , vested in shares of Mutual, Selective Stock, Variable or Canadian, for the ac­ NW., Washington 25, D.C. At such time counts of the individual members, as the Hearing Room Clerk will advise as to specified by such members. The Asso­ the rôom in which such hearing will held. Any person desiring to be hearoor. [File No. 812-1231] ciations’ members’ funds are of course respectively combined in making pur­ otherwise wishing to participate: in t INVESTORS DIVERSIFIED SERVICES, chases and have up to now received the proceeding is directed to file with the ° INC., ET AL. benefit of the same quantity discount as retary of the Commission his application though their purchases were made by as provided by Rule X VII of the Com­ Notice of and Order for Hearing on one person, and their members Jiave had mission’s rules of practice, on or bei Application for Order Exempting and are now receiving a corresponding the date provided in the Rule, **tting From Section 22(d) and From benefits • - • -forth any issues of law or facts Rule22d-1 Sale by)Open-End Com­ On December 2, 1958, the Commission desires^ to controvert or any addi issues which he deems raised by pany of Its Shares to Associations promulgated the new Rule 22d-l under the Act, to become »effective January 20, Notice and Order or by such applicate • on Basis of Reduced Sales Load 1959 (this date subsequently changed to I t is further ordered, That WiJam W. Swift or any officer or officers of the com J u n e 11,1959. March 20, 1959), which specified, among mission, designated by it for that P In the matter of Investors Diversified other things that open-end investment pose, shall preside at said hearing. Services, Inc., Investors Mutual, Inc., companies and their underwriters may Thursday, June 18, 1959 FEDERAL REGISTER 4985 officer so designated is hereby author­ I t is further ordered, That the heafing vidxuiio ox n u e i n of the Federal Prop­ ized to exercise all the powers granted scheduled for June 15, 1959 be ànd it to the Commission under sections 41 and hereby is cancelled. erty and Administrative Services Act of 1949 (63 Stat. 377), as amended 42(b) of thé Investment Company Act of ■ Pursuant to the, provisions of Rule (herein called the A c t), to procure prop- 1940 and to a hearing officer under the 261(b) of Regulation A, the suspension of Commission’s rules of practice. erty and services which are required in the Regulation A exemption from regis­ connection with authorized activities of The Division of Corporate Regulation tration under the Securities Act of 1933, the Office of Civil and Defënse Mobiliza­ having advised the Commission that it as amended, with respect to the proposed tion, except the power to make the de­ has made a preliminary examination of public offering of securities by the Com­ the application, and that upon the basis pany becomes permanent. terminations or -^decisions specified in thereof the following question is pre­ paragraphs (12) and (13) of section sented for consideration without preju­ B y the Commission. 302(c) of the Act. 2. The authority herein delegated un­ dice to its specifying additional matters [ s e a l ] O rval L. D u B o is , der section 302(c) (11) may be exercised and questions upon further examination. Secretary. Whether the requested exemption is only with respect to contracts which will necessary or appropriate in the public [F.R. Doc. 59-5029; Filed, June 17, 1959; not require expenditure of more than 8:47 a.m.]_ interest and consistent with the protec­ $25,000, and may not be redelegated. tion of investors and the purposes fairly 3. This delegation of authority shall intended by the policy and provisions of be subject to all limitations and require­ the Act.. OFFICE OF CIVIL AND DEFENSE ments of the Act, particularly sections It is further- ordered, That at the ^04, 305 and 307, and shall be exercised aforesaid hearing attention be given to MOBILIZATION in accordance with policies, procedures, the foregoing matters and questions. limitations and controls prescribed by It is further ordered, That the Secre­ DIRECTOR OF ADMINISTRATION the General Services Administration. tary of the Commission shall give notice 4. Subject to the provisions of section of the aforesaid hearing by mailing a Delegation of Authority To Use Title 2 above, the authority herein delegated copy of this Notice and Order by regis­ III of Federal Property and Admin- may be redelegated to a designee of the tered mail to Investors Diversified < istrative Services Act of 1949 Director of Administration. Services, Inc., Investors-Mutual, Inc., 5. This delegation rescinds the Dele­ Investors Selective Fund, Inc., Investors 1. Pursuant to the authority vested in gation of Authority dated July 30, 1958 Stpck Fund, Inc., Investors Variable Pay­ me by General Services Administration (23 F.R. 5965) and shall take effect ment Fund, Inc., Investors Group Delegation of iAuthority**No. 363 from March 10, 1959. the Administrator,'General Services Ad­ Canadian Fund, Ltd., Los Angeles Phy­ Dated: March 10, 1959. sicians Retirement Association, Los ministration, dated March 10, 1959, au­ thority is hereby delegated to the Di­ Angeles Dentists Retirement Association L eo A. H o e g h , rector of Administration (Contracting and University Retirement-Investment Director. Officer for the Office of Civil and De­ Association, and that notice to all per­ [F.R. Doc. 59-5013; Filed, June 17, 1959; sons shall be given by publication of this fense Mobilization) to utilize the pro- > 8:45 a.m.l Notice and Order in the F ederal R egis­ ter; and that a general 'release of this Commission in respect of this Notice and - CUMULATIVE CODIFICATION GUIDE— JUNE Order be distributed to the press and A numerical list of the parts of the Gode of Federal Regulations affected by docu­ mailed to the mailing list for releases. ments published to date during June. Proposed rules, as opposed to final actions By the Commission. are identified as such. . . . ’ [seal] O r v a l -L. D u B o is , .3 CFR Page 7 CFR— Continued Pa&e Secretary. Proclamations: m '■ 725^______------4682, 4944 IPJR. Doc. 59-5028; Filed, June 17, 1959- ” ~ ?------4679 728.q_____ ...... 4507, 4949 8:47 a.m.l v ’ a. 3 14 7------.------4679 922____* ______4613, 4827 3158 — ------4679 936______;___ 4693,4901,4903, 4904 ...... ^ 3 1 8 8 A ------4679. 937______------4881 3206------1_____ L__ 4679 945______------4509 [File No. 24W-2142] 3248______4579 953______4447, 4614, 4827, 4882 962_:______------4449 m a c i n a r , In c . -- III?;::::::;::::::;::::::::: II ?9 968 ______------______;j 4550 Order Cancelling Hearing J 32981_-.------4679 969 ______.______------______4827 _ •; 3299_------...... 4771 1001...... ------4828 J u n e 11, 1959. Executive orders: 1003______------4510 An*ieioCompany havin§ requested on Dec- 9, 1852------4728 1015^_____ ------4694 1959 a hearing in the above- July 2, 1910______4925 1020______~ ------4725 n J matter, and the Commission by 7923------1______4959 1022______. i ------4727 dt ted .April 30' 1959 having ordered 10824__------4447 1067______------4829 nfti,aohearing pursuitot to section 3(b) 10825___------£______4825 1069 ____ ------1------4829 and ti?ecuriti.es Act of 1933> as amended, c r FP 1070 ______i_■—______------4694 der applicable provisions thereun- j? ^ . Proposed rules: «er, commence on June 15,1959, at 10:00 6------— 4505, 68______a.m at the Washington Regional Office 4545’ 4607> 4647, 477i. 4901, 4947 81______Commission; and a r C R 301______vapnio<“'®mpany ha/Ving fiied a m otion to « 1 ' ,.s .... 7 2 3 '____^ m f ä S S Pr°CeedingS' dated M areh 30. 4I 1 4M5,4587, 4869 725...... 727______having requested a 4«? . 4869, l f l d 904 ______and o f reqüest for a hearing “ 4®4^ 909______S i n d SfK0iiont0 VacatetheProceed- 7 CFR 911 _____ nan;e n lthuDiy!sion of Corporation Fi- 51 918______ce not objecting thereto; Ro 4681 927 ____ iiearim. o r if red- That the request for 21ÖI“ ------— 4682 934------4745 » n e e e d i^ f “ “ ? to vacate the 301------i-IIIIIIIII’isos, «49 969______• — »■ Whtote? they hereby are 33»------_ ------~ ------4660 975______------— ------4507 977_____ FEDERAL REGISTER 4986