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’ 11 rrrto*Y O n

VOLUME 20 1 9 3 4 e f ÿ NUMBER 228 C

TITLE 6— AGRICULTURAL CREDIT to comply fully with recommended land use requirements within a reasonable CONTENTS Chapter III— Farmers Home Adminis­ time; and he must have /reasonable Agricultural Marketing Service tration, Department of Agriculture prospects for success. Notices: Subchapter B— Farm Ownership Loans (Sec. 41 (i), 60 Stat. 1066, sec. 4 (c), 64 Stat. Cattleman’s 'Livestock Auction, [FHA Instruction 443.2, Administration 100; 7 U. S. C. 1015 (I), 40 U. S. C. 442 (c). Inc., Nampa, Idaho; proposed Letter 440 (440) ] Interprets or applies secs. 1, 3 (a) and (b) posting of stockyard______8644 (4), 12 (a) and (c) (4), 60 Stat. 1072, 1074, Proposed rule m a k in g ; P art 3 3 2 — P r o c e s s in g I n it ia l L o a n s 1076, sec. 44 (b), 62 Stat. 1069 sec. 2 (f), 64 Stat. 99; 7 U. S. C. 1001, 1003 (a) and (b) Milk in New York metropolitan Subchapter C— Production and Subsistence Loans (4 ), 1005b (a) and (c) (4), 1018 (b ), 40 marketing area; suspension of [FHA Instruction 441.3, Administration tJ. S. C. 440 (f)) certain pricing provisions___ 8640 Navel oranges grown in Arizona Letter 440 (440) ] § 342.3 Loan forms and routines. ♦ * * and designated part of Cali­ P a r t 342—P r o c e s s in g fornia------8640 Subchapter D— Soil and Water Conservation (n) Special requirements for loans inRules and regulations: Loans designated areas. If the loan is to be Irish potatoes; grown in Modoc made in a county designated by the Sec­ and Siskiyou Counties, Calif., [FHA Instruction 442.2, Administration retary for Emergency Loans in the States Letter 440 (440) ] and in all counties in Oregon of Colorado, Kansas, New Mexico, Ok­ except Malheur County; limi­ P art 352—P r o c e s s in g L o a n s t o lahoma, Texas, or Wyoming, the fol­ tation of shipments______8630 I n d iv id u a l s lowing additional requirements are ap­ plicable: Agricultural Research Service LOANS IN DESIGNATED AREAS (1) Each applicant will be required Rules and regulations: Chapter III, Title 6, is amended to pre­ to furnish a copy of a land capabilities Vesicular exanthema; changes scribe additional requirements in the map prepared by the Soil Conservation in areas quarantined______8630 waking of loans under Subchapter B Service. Agriculture Department “Farm Ownership Loans,” Subchapter (2) If the applicant is not an active See Agricultural Marketing Serv­ C “Production and Subsistence Loans,” Farmers Home Administration borrower, ice; Agricultural Research and Subchapter D “Soil and Water Con­ he will be expected to carry on farming Service; Commodity Stabiliza­ servation Loans” in special designated operations that are consistent with tion Service; Farmers Home Ad­ areas. In Part 332, § 332.7 (20 P. R. proper land use for the area. If he is ministration. 3670) a new paragraph (f) is added; in an active Farmers Home Administration Alien Property Office Part 342, § 342.3 (20 P. R. 396) a new borrower, he must be willing and will be Notices: Paragraph (n) is added; and in Part 352, expected to carry on such fanning oper­ § 352.1 (c) (20 P. R. 1967) a new sub- Bauer Type Foundry, Inc.; dis­ ations insofar as conditions within his solution order______8642 paragraph (8) is added, to read as control will permit; he will be expected lollows: to comply fully with recommended land Atomic Energy Commission S ee Patent Compensation Board. . § 332.7 Action "by loan approval offi­ use requirements within a reasonable cial. * * * time; and he must have reasonable pros­ Coast Guard pects for success. or Wyoming, the following explosives at military instal­ additional requirements arc applicable: (Sec. 41 (i), 60 Stat. 1066; 7 U. S. C. 1015 (1). lations (2 documents)______8637 (l) Each applicant will be required to Interprets or applies sec. 21, (a), (c), 60 Stat. Commerce Department 1072, 65 Stat. 197, sec. 42 (c), 60 Stat. 1067, rnish a copy of a land capabilities map sec. 44 (b ), 60 Stat. 1069, sec. 48, 60 Stat. 1070, S ee Federal Maritime Board. Prepared by the Soil Conservation 65 Stat. 198, sec. 1, 63 Stat. 407, sec. 1311 Pub. Commodity Stabilization Service Law 663, 83d Cong., 68 Stat. 830; 7 U. S. C. Notices: p ^ l ^ applicant is not an active 1007, 1016, 1018 (b), 1022, 31 U. S. C. 712a) Cotton marketing quotas; refer- h Home Administration borrower, § 352.1 Loan forms and routines. * * * endum for 1956 crop: nnJL+- ^ ^Pccted to carry on farming (c) Special items in “preparation of Extra long staple______8644 Potions are consistent with docket. * * * Upland------8644 an *** land use for the area. If he is Rules and regulations: active Farmers Home Administration (8) Special requirements for loans in designated areas. If the loan is to be Cotton : ex r^ f^ ’ 11e musi; t>e willing and will be Acreage allotments for 1956 anvLC • t° carry on such farming oper- made in a county designated by the Sec­ retary for Emergency loans in the States crop, extra long staple____ 8621 .insofar as conditions within his Holding of referenda on mar­ *ol will permit; he will be expected (Continued on p. 8621) keting quotas______8621 8619 8620 RULES AND REGULATIONS CONTENTS—Continued CONTENTS— Continued Federal Communications Com­ Page Interstate Commerce Commis- P^0 FEDERAL^REGISTER mission sion— Continued Rules and regulations: ‘WiirtO’ Notices: Hearings, etc.: Motor carriers; lease and inter- Bollinger, Robert E., et al----- 8646 change of vehicles; augment­ Central New York Broadcast­ ing equipment------— ------— 8639 Published daily, except Sundays, Mondays, ing Corp. and Triangle Pub­ iiftAR Justice Department and days following official Federal holidays, lications, Inc------8bi*b See Alien Property Office. by the Federal Register Division, National Courier-Times, Inc., and Don Archives and Records Service, General Serv­ 8647 Land M anagem ent Bureau ices Administration, pursuant to the au­ H. Martin (WSLM)------thority contained in the Federal Register Act, Musser Broadcasting Co. et Notices: approved July 26, 1935 (49 Stat. 500, as al______8647 California;_small tract classifi­ amended; 44 U. S. C., ch. 8B ), under regula­ Radio Broadcasting Service cation______8642 tions prescribed by the Administrative Com­ and Dana W. Adams------— 8646 Colorado; opening of public mittee of the Federal Register, approved by Radio Herkimer et al------8646 lands------8643 the President. Distribution is made only by Radio Station KLLL, Inc. the Superintendent of Documents, Govern­ National Park Service ment Printing Office, Washington 25, D. C. (KLLL)______8646 joules and regulations: The F ederal R e g ister will be furnished by Proposed rule making: Nationai Capital Parks regula- mail to subscribers, free of postage, for $1.50 Mechanical reproductions------8640 tions; checking on speed by per month or $15.00 per year, payable in Rules and regulations: use of electronic device______8637 advance. The charge for individual copies Frequency allocations and radio (minimum 15 cents) varies in proportion to \ treaty matters, general rules Patent-Compensation Board the size of the issue. Remit check or money and regulations; establishing k Notices:- order, made payable to the Superintendent program for certification of Consolidated Engineering of Documents, directly to the Government Corp.; filing of claim for Printing Office, Washington 25, D. C. equipment acceptable for li­ The regulatory material appearing herein censing ______8638 award------8645 is keyed to the Code o f F ederal R eg u la tio n s, Public fixed stations and sta­ Reclamation Bureau which is published, under 50 titles, pursuant tions of maritime services in Notices: to section 11 of the Federal Register Act, as Alaska______8639 North Platte Project, Nebraska; amended August 5, 1953. The Code o f F ed­ Maritime services, stations on eral R egu la tio n s is sold by the Superin­ revocation order— - ______8643 land and on shipboard; oper­ tendent of Documents, Prices of books and Securities and Exchange Com­ pocket supplements vary. ation on certain frequencies There are no restrictions on the re­ for telephony___ ,------8639 mission publication of material appearing in the Television broadcast stations; Notices: F ederal R e g ister, or the C ode o f F ederal extension of effective date_ 8638 Hearings, etc.: R eg u la tio n s. Atlas Corp. et al------8648 Federal Maritime Board Delaware Power & Light Co— 8649 Notices: Fall River Electric Light Co. Home Lines Inc. and National and Eastern Utilities Asso­ CFR SUPPLEMENTS Hellenic American L in e ; ciates______8650 agreement filed for approval. 8645 (For use during 1955) Interstate Power Co. and East Federal Power Commission Dubuque Electric Co_.------8650 The following Supplement is now Notices: Western Kentucky Gas Co— 8650 Hearings, etc: available: 8648 Treasury Department Citizens Utilities Co------s e e Coast Guard; Customs Bureau. General Index ($1.25) Colorado Interstate Gas Co. et al------—- 8648 Veterans Administration All of the Cumulative Pocket Feldman, D. D., Oil and Gas Rules and regulations: Supplements and revised books et al------8648 Vocational rehabilitation and of the Code of Federal Regula­ Gulf States Utilities Co------8647 education; rates and allow- tions (as of January 1, 1955) Nielsen, Edwin, et al------8648 ancesj institutional on-farm are now available with the Snyder, Ralph, et al------:— 8648 training______— 8637 8647 ' exception of Titles 1—3 Southeastern Gas Co. et al— Southern Natural Gas Co----- 8648 CODIFICATION GUIDE Order from Superintendent of Documents, Sunray Mid-Continent Oil Government Printing Office, Washington Co------8647 A numerical list of the parts of the Code 25, D. C. of Federal Regulations affected by documents Vockel, Stewart M., trustee, 0047 published in this issue. Proposed rules, as Ellis properties et al------opposed to final actions, are identified as Proposed rule making: 6UCh. Licensees, annual charges pre- Page CONTENTS— Continued scribed______8641 Title 6 Federal Trade Commission Chapter m : Customs Bureau Page ■part 322 ____ 8619 Notices: Rules and regulations: _ 8619 Mirror cases; tariff classifica­ Cease and desist orders: 8619, tion-______8642 Best Foods, Inc_------",------8631 Gary Sales Co., Inc., et al— 8631 Defense Department Title 7 > Chapter VII: Rules and regulations: Interior Department _ 8621 See Land Management Bureau; Part 717 Armed Services Procurement P a r t 722 ____— ! 8621 Regulation; miscellaneous National Park Service; Recla­ mation Bureau. Chapter IX: amendments------8632 Part 914 (proposed)------8640 Farmers Home Administration Interstate Commerce Commis­ Part 927 (proposed)------8640 Rules and regulations: sion 8630 Loans; farm ownership; produc­ Notices: tion and subsistence; soil and Fourth section applications for Title 9 water conservation; process­ relief______,------— 8656 Chapter I: 8630 ing in designated areas------8619 Motor carrier applications— - 8651 Wednesday, November 23, 1955 FEDERAL REGISTER 8621

CODIFICATION GUIDE— Con. TITLE 7— AGRICULTURE committee and the State committee de­ termine that one or more community Title 16 Page Chapter VII— Commodity Stabilization referendum committees are necessary to Chapter I: Service (Farm Marketing Quotas the county for the proper holding of the Part 13 (2 documents)______8631 and Acreage Allotments), Depart­ referendum. Title 18 ment of Agriculture (c) Community referendum commit­ Chapter I: tees where two or more referendums are Part 11 (proposed)______8641 P art 717—Holding of R eferenda on to he conducted. Where two or more M arketing Quotas Title 32 referendums are to be held in the county Chapter I: miscellaneous amendments on the same day, the provisions of para­ graph (b) of this section shall be ap­ Parts 1-3—______8632, 8633 Éasis and purpose. The amendments plicable except that (1) the total num­ Part 7------8634 contained herein are issued pursuant to ber of farms on which there are Part 9------;______8634 authority vested in the Secretary of Agri­ producers eligible ¿o vote in any one or Part 16______8634 culture by the Agricultural Adjustment more of such referendums shall be used Part 30------8634 Act of 1938, as amended (7 U. S. C. 1301 to determine whether there are 100 or Title 33 to 1388). The amendments are for the more farms on which there are pro­ Chapter I: purpose of clarifying the provisions gov­ ducers who are eligible to vote in the Part 19------— ______8637 erning the establishment of community referendums, and (2) each community referendum committees and of extending Title 36 referendum committee shall consist of the regulations in this part to Puerto three members and one alternate chosen Chapter I : Rico. Part 3------8637 from among the farmers who reside in Referendums with respect to the 1956 the community or neighborhood and Title 38 crops of upland cotton and extra long who are eligible to vote in any of such Chapter I: staple cotton are to be held on December referendums. Part 21— L------8637 13, 1955, and it is, therefore, necessary 2. By adding a new § 717.14 to read Title 46 that the proposed amendments be made effective at the earliest possible date. as follows: Chapter I: Accordingly, it is hereby found and deter­ Part 154—------8637 § 717.14 Applicability of regulations mined that compliance with the provi­ to Puerto Rico. The Agricultural Stabi­ Title 47 sion? of the Administrative Procedure lization and Conservation Caribbean Chapter I;. Act (5 U. S. C. 1003) pertaining to notice, Area Committee shall be in charge of Part 2------8638 public procedure, and effective date is and responsible for conducting in the Part 3------8638 impractical and that the amendments Commonwealth of Puerto Rico each Proposed rules______8640 shall become effective upon the date of referendum on marketing quotas for any Parts 7-8------8639 publication in the F ederal R eg ister. commodity required by the Act. Inso­ Part 14______8639 The regulations in this part are far as applicable the ASC Caribbean Title 49 amended as follows: Area Committee shall perform all the Chapter I: 1. Section 717.2 .is amended by strikingduties and assume all the responsibili­ Part 207______._„„_____ 8639 out paragraph, (b) and inserting in lieu ties otherwise required of State and thereof the following: county committees as provided in the (b) Community referendum commit-regulations in this part, except that (a) of Colorado, Kansas, New Mexico, Okla­ tees where one referendum is to he con­ the Director, Agricultural Stabilization homa, Texas, or Wyoming, the following ducted. In each county with 100 or more and Conservation Caribbean Area Office additional requirements are applicable: farms on which there are producers who shall nominate for appointment the (i) Each applicant will be required to are eligible to vote in the referendum, members and alternates to serve on com­ furnish a copy of a land capabilities map the county committee shall designate a munity referendum committees and Prepared by the Soil'Conservation Serv­ ice. community referendum committee for shall establish the boundaries of referen­ each community or neighborhood in the dum communities or neighborhoods in (ii) If the applicant is not an active county in which there are producers such a manner that polling places there­ Farmers Home Administration borrower, who are eligible to vote in the referen­ in will be conveniently located for the he will be expected to carry on farming dum. Each referendum committee shall farmers eligible to vote in the referen­ operations that are consistent with consist of three members and one alter­ dum, and (b) following the canvass of Proper land use for the area. If he is an nate chosen from among the farmers the ballots as provided in § 717.10 the active Farmers Home Administration who reside in the community or neigh­ community referendum committee shall Borrower, he must be willing and will be borhood and who are eligible to vote in expected to carry on such farming op­ report the results of the referendum to the referendum. The county commit­ the ASC Caribbean Area Committee. erations insofar as conditions within his tee shall name one member of the com­ control will permit; he will be expected munity referendum committee as chair­ (Sec. 375, 52 Stat. 66, as amended, 7U.S C to comply fully with recommended land man and another member thereof as vice 1375) use requirements within a reasonable chairman. The vice chairman shall act Issued at Washington, D. C., this 18th ume; and he must have reasonable as the chairman in the event of the ab­ day of November 1955. Prospects for success. sence or incapacity of the chairman and .„¡¡¡P- If the aPPUcant is a tenant, the the alternate shall serve on the commit­ [seal] T rue D. M orse, landlord must agree in writing for the tee in the place of any regular member Acting Secretary of Agriculture. com m unity to be operated in accordance with who cannot serve. The ref­ [F. R.- Doc. 55-9441; Filed, Nov. 21, 1955; we_ian<3 use recommendations for the erendum committee shall be responsible 4:35 p. m.] Particular farm. for the proper holding of the referendum (71 l 1» ; ®ecl 6 <®> 50 Stat. 870, sec. 10 (a) in its community or neighborhood by Li’ ®tat- 735; 5 U. S. O. 22, 16 U. S. C. secret ballot in a fair, unbiased, and im­ partial manner in accordance with the 2 (3i r ^ 9o0.x~3- interprets or applies secs. P art 722—Cotton 735 Stat. 869, 870, secs. 9, 10, 68 Stat. regulations in this part. In counties 590x-^3)6’ 16 U* S ‘ °* 590s <3)> 590v> 590X-2, with less than 100 farms on whicIF there SUBPART— REGULATIONS PERTAINING TO are producers who are eligible to vote in ACREAGE ALLOTMENTS FOR THE 1 9 5 6 CROP Dated: November 17, 1955. the referendum, the county shall be OF EXTRA LONG STAPLE COTTON considered as one com m unity for the GENERAL tsEAL] H. C. S mith, purpose of the referendum and the Sec. Acting Administrator, county committee shall perform, in addi­ 722.1311 Basis and purpose. Farmers Home Administration. tion to its other duties, the duties of the 722.1312 Definitions. R. Doc. 55-9421; Filed, Nov. 22, 1955; community referendum committee un­ 722.1313 Issuance of forms and instructions. 8:51 a. m.j 722.1314 Extent of calculations and rule of less, for any such county, the county fractions. 8622 RULES AND REGULATIONS

STATE AND COUNTY ACREAGE ALLOTMENTS regulations in §§ 722.1311 to 722.1329 be (g) “Owner” or “landlord” means a made effective as soon as possible. Ac­ person who owns farmland and rents Sec. 722.1315 Apportionment of national acreage cordingly, it is hereby determined and such land to another person or who allotment among States. found thp,t compliance with the 30-day operates such land. 722.1316 Apportionment of State acreage effective date provisions of the Adminis­ (h) “Cash tenant”, “standing-rent allotment among counties. trative Procedure Act is impracticable tenant”, or “fixed-rent tenant” means a ESTABLISHMENT OF FARM ACREAGE ALLOTMENTS and contrary to the public interest, and person who rents land from another for such regulations shall be effective upon a fixed amount of cash or a commodity 722.1317 Apportionment of county acreage filing of this document with the Director, to be paid as rent. allotment. 722.1318 Publicly-owned argicultural exper­ Division of the Federal Register. (i) “Share tenant” means a person iment stations. other than a sharecropper who rents § 722.1312 Definitions. As used in land from another person and pays as FARM MARKETING QUOTA AND FARM MARKETING §§ 722.1311 to 722.1329 and in all forms rent a share of the crops or the proceeds EXCESS and documents in connection therewith, thereof. 722.1319 Notice of farm acreage allotment unless the context or subject matter (j) “Sharecropper” means a person and marketing quota. otherwise requires, the following terms Who works a farm in whole or in part 722.1320 Amount of tlie farm marketing shall have the following meanings and under tlie general supervision of the quota. the masculine shall include the feminine operator and is entitled to receive for his 722.1321 Amount of the farm marketing ex­ and neuter genders and the singular cess. labor a share of the crops produced shall include the plural number: thereon or the proceeds thereof. 722.1322 Publication of farm acreage allot­ (a) “Act” means the Agricultural Ad­ ments and marketing quotas. (k) “Operator” means the person who 722.1323 Successors-in-interest. justment Act of 1938 and any amend­ is in charge of the supervision and con­ 722.1324 Marketing quotas not transferable. ments thereto heretofore or hereafter duct of the farming operations on the made. MISCELLANEOUS PROVISIONS entire farm. (b) “Secretary” means the Secretary (l) “Farm” means all adjacent or 722.1325 Measurement of farms to deter­ df Agriculture of. the United States, or mine compliance with farm nearby farm or rangeland under the the officer of the Department of Agricul­ same ownership which is operated by one acreage allotments. ture acting in his stead pursuant to dele­ 722.1326 Future effect of underplanting or person, including also: overplanting farm acreage allot­ gated authority. (1) Any other adjacent or nearby ment. (c) “Deputy Administrator” means farm or rangeland which the county 722.1327 Availability of records. the Deputy Administrator for Production committee determines is operated by the 722.1328 Approval of county committee de­ Adjustment, or Acting Deputy Adminis­ same person as part of the same unit in terminations and redelegation of trator for Production Adjustment, Com­ producing range livestock or with re­ authority by the State commit­ modity Stabilization Service, United tee. spect to the rotation of crops and with States Department of Agriculture. workstock, farm machinery, and labor REVIEW OF QUOTAS (d) “Director” means the Director, or substantially separate from that for any 722.1329 Review of quotas. Acting Director, of the cotton Division, other land; and Commodity Stabilization Service, United (2) Any field-rented tract (whether Au t h o r it y : §§722.1311 to 722.1329 issued States Department of Agriculture. under sec. 375, 52 Stat. 66; 7 U. S. C. 1375. operated by the same or another person) interpret or apply Secs. 301, 343-347, 361— (e) “Committees”: which, together with any other land in­ 368, 373, 374, 388, 52 Stat. 38, as amended; 7 (1) “Community committee” means cluded in the farm, constitutes a unit U. S. C. 1301, 1343-1347, 1361-1368, 1373, 1374, the group of persons elected within a with respect to the rotation of crops. community as the community committee 1388. A farm shall be regarded as located in GENERAL pursuant tq the Secretary’s regulations governing the selection and functions of the county or administrative area, as § 722.1311 Basis and purpose, (a) the Agricultural Stabilization and Con­ the . case may be, in which the principal The regulations contained in §§ 722.1311 servation county and community com­ dwelling is situated, or if' there is no to 722.1329 are issued pursuant to the mittees (19 F. R. 3637), as amended. dwelling thereon it shall be regarded as Agricultural Adjustment Act of 1938, as (2) “County committee” means the located in the county or administrative amended, and govern the establishment group of persons elected within a county area, as the case may be, in which the of State, county, and farm acreage al­ as the county committee pursuant to the major portion of the farm is located. lotments for the 1956 crop of extra long (m) “Farm acreage allotment” means Secretary’s regulations governing the se­ an acreage allotment established for staple cotton and the determination of lection and functions of the Agricultural the acreage planted to extra long staple extra long staple cotton for a farm under Stabilization and Conservation county the regulations in this subpart. Farm cotton on individual farms in 1956. The and community committees (19 F. R Secretary of Agriculture proclaimed a acreage allotments are initially estab­ 3637), as amended. In Puerto Rico the lished on the basis of the data for farms national marketing quota and a national ASC Caribbean Area Committee shall, acreage allotment for the 1956 crop of as finally constituted for 1955; where extra long staple cotton on October 14, insofar as applicable, perform all func­ there is a change in the land in a farm 1955 (20 P. R. 7807). The latest avail­ tions of the county committee. for 1956, the farm acreage allotment able statistics of the Federal Govern­ (3) “State committee” means the will be redetermined in accordance with group of persons designated for a State ment are used in making the determina­ § 7^2.1317 (h). tions required to be made in connection by the Secretary as the Agricultural (n) “Extra long staple cotton” means with §§ 722.1311 to 722.1329. Prior to Stabilization and Conservation State American-Egyptian, Sea Island, and preparing the regulations in §§ 722.1311 Committee. In Puerto Rico the ASC Sealand cotton, and all other varieties of to 722.1329, public notice was given (20 Caribbean Area Committee, shall, inso­ the Barbadense species, and any hybrid P. R. 6388) in accordance with section far as applicable, perform all functions of thereof, and any other cotton in which 4 of the Administrative Procedure Act the State committee. one or more of these varieties pre­ (5 U. S. C. 1003). The data, views, and "(4) “Review committee” means the dominates. . „ recommendations which were submitted group of persons appointed by the Secre­ (o) “State and county code number in response to such notice have been duly tary as a review committee pursuant to means the applicable number assign ed considered within the limits permitted section 363 of the act. by the Commodity Stabilization Service by the Agricultural Adjustment Act of (f) “Person” means an individual,to each State and county for the purpose 1938, as amended. partnership, firm, joint-stock company, of identification. corporation, association, trust, estate, or (b) In order that the State and county (p) “Serial number of the farm’ or Agricultural Stabilization and Conser­ other legal entity, or a State, political “farm serial number” means the serial vation Committees may establish farm subdivision of a State, or any agency number assigned to a farm by the county acreage allotments as early as possible thereof, or the Federal Government or committee for purposes of identification. prior to the extra long staple cotton ref­ any agency thereof. The term “person” (q) “Old ET.S cotton farm” means a erendum, which shall be held on Decem­ shall include two or more persons having farm located in a county designated m ber 13, 1955, it is essential that the a joint or common interest. s 722.1316 (b) on which extra long staple Wednesday, November 23, 1955 FEDERAL REGISTER , 8623 cotton was planted In any one or more adjusted according to the provisions of of the years 1953, 1954, and 1955. in the States on the basis of recommen­ subsections (g) (3), (i>, and (m) (2) of dations of the State committees and offi­ (r) “New ELS cotton farm” means a section 344 of the act. farm located in a county designated in cial statitsics and studies of thé Depart­ (2) County. The acreages of extra ment of Agriculture. In apportioning § 722.1316 (b) on which extra long'staple long staple cotton to be used in estab­ cotton is to be planted in 1956 but on the State acreage allotment among lishing county acreage allotments are counties in accordance with § 722.1316 which no acreage was planted to extra as follows: long staple cotton in any of the years (b), adjustments for abnormal weather (i) For 1950, 1951, and 1952. The offi­ conditions are made in the acreage 1953, 1954, and 1955. cial planted acreages of extra long staple (s) “Normal yield” means the average planted to extra long staple cotton in cotton, as determined by the Agricul­ counties on the basis of recommenda­ yield per acre of extra long staple lint tural Marketing Service (formerly the cotton for the farm, adjusted for abnor­ tions of the State committee and official Bureau of Agricultural Economics) of statistics and studies of the Department mal weather conditions, during the five the United States Department of Agri­ calendar years immediately preceding the of Agriculture. Any such adjustment in culture. the acreage planted to extra long staple year in which such normal yield is de­ (ii) For 1953. The measured acreage termined. If for any such year the data cotton in a State or county is the amount of extra long staple cotton for all farms established by reference to available in­ are not available or there was no actual in the county, as determined in accord­ yield, then the normal yield for the farm formation and data as the net reduction ance with official instructions. of planted acreage in the State or county shall be appraised by the county com­ (iii) For 1954. The measured acreages mittee, taking into consideration abnor­ attributable solely to abnormal weather of extra long staple cotton for all farms conditions. Such adjustments for ab­ mal weather conditions, the normal yield in the county, as determined for pur­ for the county, and the yield in years normal weather conditions take into con­ poses of the 1954 extra long staple cotton sideration failure to seed extra long for which data are available. The nor­ marketing quota program, and adjusted mal yield for a new ELS cotton farm staple cotton because of abnormal according to the provisions of subsec­ weather conditions. shall be that yield per acre which the tions (g) (3), (i), and (m) (2) of section county committee determines is normal (z) “Cropland” means fa rm la n d 344 of the act. which in 1955 was tilled or was in regu­ for the farm as compared with other (3) Farm (1953, 1954, 1955). For farms in the locality which are similar lar crop-rotation, excluding (1) bearing purposes of establishing farm acreage orchards and vineyards (except the acre­ with respect to soil and other physical allotments for the 1956 crop of extra long factors affecting the production of extra age or cropland therein), (2) plowable stapler cotton, the acreage planted to noncrop open pasture, and (3) any land long staple cotton. such cotton on a farm means the acreage (t) “Normal production” of any num­ Which constitutes or will constitute, if of land planted to extra long staple cot­ tillage is continued, a wind erosion haz­ ber of acres means the normal yield per ton for the years 1953, 1954, and 1955, ard to the community. acre of extra long staple lint cotton for which shall be determined as follows: the farm multiplied by such number of (i) For 1953. The acreage of extra § 722.1313 Issuance of forms and in­ acres. long staple cotton measured in accord­ structions. The Director shall cause to (u) “Actual production” of extra long ance with official instructions. be prepared such forms and instructions staple cotton on the farm means the (ii) For 1954 and 1955. The acreage with respect to internal management as total number of pounds of extra long of extra long staple cotton measured for are necessary for carrying out these regu­ staple lint cotton determined to have purposes of the 1954 and 1955 extra long lations. The forms shall be issued by been produced on the farm in 1956. <*- staple cotton marketing quota programs, the Director with the approval of the (v) “Actual yield” per acre means the and adjusted, as provided in Subsections Deputy Administrator, and the instruc­ number of pounds of extra long staple (g> (3), (i), and (m) (2) of section 344 tions shall be issued by the Deputy Ad­ lint cotton determined by dividing the of the act. ministrator. Copies of such forms and actual production of extra long staple (4) Farm (1956). For purposes of de­ instructions shall be furnished free to cotton on the farm by the acreage termining compliance with the farm persons needing them upon request planted to such cotton on the farm in made to the office of the State or county » 1956. acreage allotment, the acreage planted tx> extra long staple cotton on a farm committee or to the Director. (w) “Producer” means a person who, in 1956 shall be the acreage of land §722.1314 Extent of calculations and as owner or landlord (other than the seeded to such cotton on the farm in landlord of a standing-rent tenant, rule of fractions. The acreages planted 1956, excluding any acreage in excess of to extra long staple cotton on farms and fixed-rent tenant, or cash tenant), cash the farm acreage allotment which (i) is tenant, standing-rent tenant, fixed-rent farm acreage allotments shall be com­ destroyed by causes beyond the pro­ puted to three places beyond the decimal tenant, share tenant, or sharecropper on ducer’s control prior to thé expiration of a farm, is entitled to all or a share of the point and rounded to tenths of acres. the period established under subdivision Fractions of fifty-one thousandths of an 1956 crop of extra long staple cotton (ii) of this subparagraph for disposing of Produced thereon or of the proceeds acre or more shall be rounded upward, thereof. excess extra long staple cotton acreage, and fractions of less than fifty-one or (ii) is disposed of not later than 20 (x) “Acreage planted to extra long thousandths of an acre shall be dropped. staple cotton”: days, or such longer period as is approved For example, 10.051 would be 10.1 and in writing by the county committee, in 10.050 would be 10.0. (1) State. The acreages of extra long accordance with § 722.1325 after the staple cotton to be used in establishing original notice of the measured acreage STATE AND COUNTY ACREAGE ALLOTMENTS state acreage allotments are as follows: of extra long staple cotton is mailed to § 722.1315 Apportionment of national (I) For m o, 1951, and 1952. The offi­ the farm operator. cial planted acreage of extra long staple acreage allotment among States. The cotton, as determined by the Agricul­ (y) “Abnormal weather conditions” National acreage allotment, proclaimed tural Marketing Service (formerly the means weather conditions (including for the 1956 crop of extra long staple conditions directly resulting therefrom) cotton, is apportioned among the States nureau of Agricultural Economics) of adversely affecting the planting of extra ne United States Department of Agri­ (including Puerto Rico) on the basis of culture. long staple cotton, which conditions the average acreage planted to extra long must have been of sufficient duration (ii) For 1953. The measured acreages staple cotton in each such State for the anch intensity to prevent the seeding of years 1950, 1951, 1952, 1953, and 1954, in X tra long staPle cotton for all farms land to extra long staple cotton and with adjustments in such acreages for „ e State, as determined in accord- must have continued until the end of uce with official instructions. abnormal weather conditions. The acre­ the planting season for the area. In age allotted to a State pursuant to the 1954. The measured acre- apportioning the national acreage al­ provisions of this section is referred to far«, •extra long staple cotton for all lotment to States in accordance with herein as the “State acreage allotment”. m the State, as determined for § 722.1315, adjustments for abnormal The state acreage allotment for each cnft™Ses of th.e 195:4 extra long staple weather conditions are made in the acre­ State for the 1956 crop of extra long - on marketing quota program, and ages planted to extra long staple cotton staple cotton is as follows: 8624 RULES AND REGULATIONS S tats used by the State committee, as deter­ be used by the county committee only acreage mined to be necessary, to adjust the com­ for adjustments in small farm allot­ S ts t6 * allot trt Gnts puted county acreage allotments for ments. A rizona______— 18, 433 trends in the acreage planted to extra (4) To establish 1956 acreage allot­ C alifornia_____- __ -— 291long staple cotton in the counties during ments for new ELS cotton farms. Where Florida______558 recent years (the period of years may the State comihittee determines that the G eorgia ______— 120 needs for acreage to establish acreage New M exico______8, 424 include the year 1955 but shall not in­ Puerto Rico------1. 708 clude the year 1949). The State commit­ allotments for new ELS cotton farms are Texas ______-——— 15, 770 tee may determine such adjustments by generally uniform in counties through­ use of a formula which shall be applied out the State, the State committee shall United States, total——------— 45, 305 uniformly to each county in the State. determine whether all the acreage re­ (2) To adjust computed county acre­ quired to establish acreage allotments § 722.1316 Apportionment of State for new ELS cotton farms shall be pro­ acreage allotment among counties— (a) age allotments for counties adversely affected by abnormal conditions affect­ vided from the State acreage reserve or Establishment of State acreage reserve. the county acreage reserve, or from both The State committee shall determine the ing plantings of extra long staple cotton. A part or all of the State acreage reserve such reserves. In determining the percentage of the State acreage allot­ source of acreage for new ELS cotton ment which is needed for the purposes may be used by the State committee, as determined to be necessary, to adjust farms the State committee shall take of subparagraphs (1) through (5) of into consideration the acreage require­ paragraph (c) of this section and shall the computed county acreage allotments for abnormal conditions adversely af­ ments determined for such farms from set aside a total State acreage reserve of the county surveys, if available, as pro­ not more than 10 percent of the State fecting plantings in the counties during the base years. The State committee vided for in § 722.1317 (e) (3). Where acreage allotment, and not less than 3 it is determined by the State committee percent of the State acreage allotment shall examine the acreage planted to extra long staple cotton in the county that the entire county acreage reserve unless, on the basis of the needs of the for any county is needed for making State, the State committee recommends in each of the base years to determine whether the acreage planted may have adjustments pursuant to subparagraphs a smaller acreage reserve than 3 percent (1) and (2) of § 722.1317 (e), the State of the State acreage allotment and the been adversely affected by abnormal conditions. In determining whether an committee shall consider establishing an Administrator of the Commodity Stabili­ acreage from the State acreage reserve zation Service approves such recommen­ adjustment should be made for abnor­ mal conditions adversely affecting plant­ to supplement the acreage, if any, set dation. aside by the county committee from the (b) Computed county acreage allot­ings in a county, the State committee shall take into consideration the follow­ county acreage reserve for establishing ments. The State acreage allotment for acreage allotments for new ELS cotton the 1956 crop of extra long staple cotton, ing factors: (i) abnormal weather con­ ditions, such as floods and droughts farms. In determining the estimated less the State acreage reserve established acreage to be set aside for establishing pursuant to paragraph (a) of this sec­ during^ the planting season which caused plantings during such season to be ab­ acreage allotments for new ELS cotton tion shall be apportioned to the follow­ farms on the basis of the factors set ing counties designated pursuant to sec­ normally low in comparison with nor­ mal; (ii) conditions in counties in which forth in §722.1317 (e) (3), the State tion 347 (a) of the act: Cochise, Graham, committee shall take into consideration Greenlee, Maricopa, Mohave, Pima, a number of farms are being returned to extra long staple cotton production or the experience of State and county com­ Pinal, Santa Cruz, and Yuma Counties, mittees in establishing acreage allot­ Arizona; Imperial and Riverside Coun­ are increasing the acreage in such cotton after having been out of production or ments for new ELS cotton farms under ties, California; Alachua, Bradford, Co­ previous acreage allotment programs lumbia, Hamilton, Jefferson, Lake, Madi­ having been on a reduced level of extra long staple cotton production because and any other available information. son, Marion, Orange, Putnam, Seminole, The acreage made available to any Sumter, Suwanee, Union, and Volusia such farms were used to a larger extent than normal in connection with air county under this subparagraph shall be Counties, Florida; Atkinson, Berrien, used by the county committee only for. Cook, and Lanier Counties, Georgia; bases, defense plants and other wartime activities; (iii) abnormal reduction in new ET.fi cotton farms. Dona Ana, Eddy, Luna, Otero, and Sier­ (5) To correct inequities in farm al­ ra Counties, New Mexico; the North Area planted acreage of extra long staple cotton because of an unusual movement lotments and to prevent hardship. The and the South Area in Puerto Rico; and State committee shall determine the Brewster, Culberson, El Paso, Hudspeth, of labor from farms in the area or county to war industries or into the armed acreage required from the State acreage Jeff Davis, Loving, Pecos, Presidio, reserve to supplement that part of the Reeves, Terrell, and Ward Counties, Tex­ forces and the return of such labor as compared with such movements in other county acreage reserve established, as as. Such apportionment is made on the provided for in § 722.1317 (e) (4), for basis of the acreage planted to extra long counties; and (iv) any other abnormal conditions which adversely affected making adjustments in farm acreage staple cotton in 1950, 1951, 1952, 1953, allotments to correct inequities and to and 1954 (herein referred to as the “base plantings in the county to a greater ex­ tent than in other counties. In deter­ prevent hardship. . years”) , with adjustments for abnormal (d) Availability o f data for inspection. weather conditions during such years. mining any adjustment under subdivi­ sion (i) of this subparagraph for The following shall be on file and shall The acreage allotted to a county pursu­ be available in the office of the State com­ ant to the provisions of this paragraph abnormal weather conditions the State committee shall take into consideration mittee for examination by any interested is herein referred to as the “computed producer of extra long staple cotton. county acreage allotment.” The extra any adjustment made for abnormal weather conditions pursuant to para­ (1) The amount of the State acreage re­ long staple cotton producing areas lo­ serve; (2) the formula, if any, and data cated in the northern part of Puerto Rico graph (b) of this section. (3) To make adjustments in acreage developed and used under subparagraphs shall be considered as a county and the (1) and (3) of paragraph (c) of this cotton producing areas located in the allotments for small farms. The State committee shall determine the acreage, section; and (3) the total acreage set southern part of Puerto Rico shall be aside from the State acreage reserve for considered as a county. if any, which is required from the State acreage reserve to supplement that part the purposes set forth in subparagraphs (c) Use of State acreage reserve. The (3), (4), and (5) of paragraph, (c) oi State acreage reserve established under of the county acreage reserves estab­ lished as provided for in subparagraphs this section. paragraph (a) of this section shall be (e) County acreage allotment. ip® used by the State committee for any one (1) and (2) of § 722.1317 (e) to adjust indicated farm acreage allotments for county acreage allotment shall be tn or more of the purposes set forth in sum of (1) the computed county acreage old e l s cotton farms established at 15 subparagraphs (1) through (5) of this allotment determined under paragraph paragraph. acres or less under paragraph (c) or (d) of § 722.1317. The State committee shall (b) of this section, and (2) the acreages (1) To adjust computed county acre­ from the State acreage reserve which ar? age allotments for trends in the acreage determine the acreage, if any, to be made available to a county for the purposes of added to the computed county acreag of extra long staple cotton. A part or allotment under subparagraphs (D an all of the State acreage reserve may be this subparagraph and such acreage shall Wednesday, November 23, 1955 FEDERAL REGISTER 8625

(2) of paragraph (c) of this section. allotment established for each county, be used on the farm for home use other This paragraph will be amended at a the Secretary will designate the basis on than for feeding to livestock for market). later date to include the county acreage which farm acreage allotments are to be In the counties designated in subdivision allotment established for each county. established in the county. (vi) of this subparagraph, the deduction (f) Administrative areas. If the (b) Determination of county acreagefor wheat acreage shall be limited to the county committee with the approval of reserve. The county committee shall es­ acreage by which the deduction which the State committee, or if the State tablish a county acreage reserve of not otherwise would be made under this sub­ committee, determines with respect to a in excess of 15 percent of the county division exceeds the acreage deducted county in which farm acreage allotments acreage allotment which may be used under subdivision (vi) of this subpara­ are to be established under §722.1317 to adjust indicated farm acreage allot­ graph; (c) that, because of different conditions ments for old ELS cotton farms deter­ (v) The acreage planted to rice in pertaining to the production of extra mined under paragraph (c) or (d) of 1955 for market (including the acreage long staple cotton in separate areas of this section and to establish acreage al­ of rice for feeding to livestock for mar­ the county, including differences in lotments for new ELS cotton farms under ket), plus the acreage of other riceland types, kinds, and productivity of the soil, paragraph (e) (3) of this section. The on the farm for which water is available different areas of the county should be county acreage reserve shall be not less and which is not used for the production treated separately in order to prevent than five percent of the county acreage of extra long staple cotton under the discrimination, each such area shall be allotment unless the county committee rotation system for the farm; and designated as an administrative area recommends a smaller acreage reserve (vi) In Cochise, Graham, Greenlee, and, insofar as practicable, each such and the State committee gives its ap­ Maricopa, Mohave, Pima, Pinal, Santa area shall be treated as a county in de­ proval. Any approval of a smaller acre­ Cruz, and Yuma Counties, Arizona; and termining the acreage allotment for the age reserve shall be based upon a showing in Imperial and Riverside Counties, Cali­ area and in establishing farm acreage that such acreage is adequate, on the fornia; and in Dona Ana, Eddy, Luna, allotments. basis of the factors set forth in para­ Otero, and Sierra Counties, New Mexico; (g) Apportionment of excess released graph (e) of this section, to make neces­ and in Brewster, Culberson, El Paso, acreage to counties. The acreage allot­ sary adjustments in indicated allotments Hudspeth, Jeff Davis, Loving, Pecos, Pre­ ment surrendered to the State committee for old ELS cotton farms and to estab­ sidio, Reeves, Terrell, and Ward Coun­ pursuant to § 722.1317 (j) shall be appor­ lish allotments for new FJ-S cotton ties, Texas, the acreage of cropland in tioned by the State committee to counties farms. The^ county acreage reserve ap­ excess of that acreage for which irriga­ on the basis of trends in acreage, abnor­ proved by tiie State committee shall be tion water is normally available and ade­ mal conditions adversely affecting plant­ not less than three percent of the county quate from available facilities for the ings, or for small or new farms or to acreage allotment, except that the Dep­ production of irrigated crops during the correct inequities in farm allotments and uty Administrator may approve a cotton-producing season (seeding to ma­ to prevent hardship. smaller reserve for a county if he'finds turity) . ESTABLISHMENT OF FARM ACREAGE that three percent of the county acreage (2) Determination of county cropland ALLOTMENTS allotment would provide more acreage factors. The first county cropland factor for adjustments and establishing new § 722.1317 Apportionment of county shall * be computed by dividing (i) the farm allotments than is needed in thè county acreage allotment (less the acre­ acreage allotment— (a) Determination county. of method to "be used in apportioning age reserved pursuant to paragraph (b) (c) Indicated acreage allotments for of this section) by (ii) the total of the county acreage allotm ent among farm s. old ELS cotton farms in counties where Section 344 (f) (2) of the act provides adjusted cropland acreage «determined farm acreage allotments aro determinèd for old ELS cotton farms in the county that the county acreage allotment, less on the cropland basis. If farm acreage the county acreage reserve, shall be al­ under subparagraph (1) of this para­ allotments are to be determined in the graph. Second and additional county lotted to farms by multiplying the ad­ county on the cropland basis, the county justed cropland for each old f t .k cotton cropland factors shall be determined, acreage allotment,, less the acreage re­ if necessary, by dividing (i) the available farm by a uniform county (or adminis­ served pursuant to paragraph (b) of this trative area) cropland factor (this county acreage allotment remaining after section, shall be used to determine indi­ maximum indicated farm acreage allot­ method of establishing allotments will be cated allotments for old ELS cotton referred to herein as the “cropland ments, as defined in subparagraph (3) farms as follows: of this paragraph have been determined basis”). Section 344 (f) (6) of the act (1) Determination of adjusted crop­ provides that if the county committee for such old ELS cotton farms by (ii) land. The county committee shall de­ the total, of the adjusted cropland acre­ so recommends and the Secretary de­ termine an adjusted cropland acreage termines that such action will result in ages determined for old ELS cotton farms for each old ELS cotton farm by deduct­ in the county under subparagraph (1) of a more equitable distribution of the ing from the cropland on the farm the county allotment among farms in the this paragraph, which under the preced­ sum of the following acreages: ing factor were not affected by the maxi­ county than would be the case if the (i) The 1955 acreage of surgarcane for cropland basis were used, the county mum allotment provision. The last sugar or for syrup and sugar beets for county (or administrative area) crop­ acreage allotment, less the county acre­ sugar; age reserve, shall be apportioned to old land factor computed and applied shall (ii) The 1955 acreage of tobacco for be referred to herein as the “final county tLS cotton farms on the basis of the market (or the 1955 farm acreage allot­ cropland factor.” . acreage planted to such cotton on the ment, if any, for the applicable type of iarm during the preceding three years, (3) Indicated farm acreage allotment. tobacco if the 1955 acreage has not been An indicated acreage allotment shall be adjusted as may be necessary for abnor- determined) ; mal conditions affecting ¡plantings (this computed for each old ELS cotton farm (iii) The 1955 acreage of peanuts under this-paragraph by multiplying the method will be referred to herein as the picked and threshed, as adjusted by the historical basis”). The county com- adjusted cropland for each such farm county committee for abnormal condi­ by the applicable county cropland fac­ mittee shali study these two methods of tions affecting such acreage; Pportioning the county acreage allot*- tor except that (i) the maximum indi­ (iv) The 1955 wheat acreage for mar­ cated acreage allotment for any such nîfïu aFlong farms and determine which ket (including the acreage of wheat for farm shall not exceed the highest acre­ ethod should be used in order to estab- feeding to livestock for market). In “^equit&ble aHotments for farms in the age planted to extra long staple cotton States in the-commercial wheat-produc­ on the farm in any of the years 1953, ¿Bin ■ If the county committee deter- ing area for 1956, if the 1955 wheat acre­ 1954, and 1955. ¡¡¡T?- that farm acreage allotments age on the farm was reduced substan­ S W J * determined on the historical (d) Indicated acreage allotments for tially below the 1955 farm wheat old ELS cotton farms in counties where s X iu rec°mmendation to that effect acreage allotment because of adverse Æ " * 5e forwarded to the State com- farm acreage allotments are determined weather conditions, the acreage, to be on the historical basis pursuant .to sec­ Arim- • {or transmittal to the Deputy deducted shall be the 1956 wheat allot­ tion 344 (/) (6) of the act. In counties when § 7221316 <*> s ment for the farm (less the acreage t S snded s s n to * 0* include the county acreage where the county committee recom­ determined by the county committee to mends that the county acreage allot- 8626 RULES AND REGULATIONS ment, less the acreage reserved pursuant acreage reserve, after meeting or deter­ of the farm acreage allotments which to paragraph (b) of this section, be ap­ mining the requirements under subpara­ the county committee estimates will be portioned among farms for the year 1956 graphs (1), (3) and (4) of this para­ determined for the same number of old on the historical basis and the Deputy graph, shall be used by the county com­ ELS farms in the county which are simi­ Administrator approves such recommen­ mittee to adjust indicated farm acreage lar except for the acreages planted to dation, indicated allotments for old ELS allotments which are more than 15 acres. extra long staple cotton during the years cotton farms shall be determined by Such adjustments shall be made so as to 1953, 1954, and 1955. multiplying the allotment base for the establish acreage allotments which are (ii) Eligibility of a new ELS cotton farm by a factor determined by dividing fair and reasonable in 'relation to- the farm for a farm acreage allotment. An the total of all such allotment bases into acreage allotments established for simi­ acreage allotment for extra long staple the county acreage allotment (less the lar farms in the community, taking into cotton for a new ELS cotton farm may acreage reserved pursuant to paragraph consideration for the farm the land, be established by the county committee (b) of this section) : Provided, That, if labor, and equipment available for the if each of the following conditions is the county committee so elects, any such production of extra long staple cotton; met: indicated farm acreage allotment shall crop-rotation practices; the soil and (a) An application for an acreage al­ not exceed an acreage equal to 50 per­ other physical facilities affecting the lotment is filed by the farm operator cent of the cropland on the farm, and production of such cotton; and abnormal with the county committee by the closing any part of the county acreage allotment conditions of production. In the ab­ date established by the State committee. not apportioned by reason of thè appli­ sence of specific data relating to the labor In no event is the closing date to be cation of such 50 percent limitation shall and equipment available for the produc­ earlier than February 15, 1956 (January be added to the county acreage' reserve tion of extra long staple cotton and to 15, 1956, in Puerto R ico). established under paragraph (b) of this the crop-rotation practices followed on a (b) The farm operator is largely de­ section and shall be available for the farm, the county committee may con­ pendent on income from the farm for purposes specified in paragraph (e) of sider the acreage planted to such cotton his livelihood. this section. For the purposes of this on the farm in 1953, 1954, or 1955 as (c) The farm is the only farm in the paragraph, the term “allotment base” reflecting such factors and use such acre­ county which is owned or operated by means the average of the acreages age as the basis for adjusting the indi­ the farm operator or farm Owner for planted to extra long staple cotton on cated farm acreage allotment under this which an acreage allotment for extra the farm during each of the three years subparagraph. The county committee long staple cotton is established for 1956. 1953, 1954, and 1955 (sum of the acre­ shall not make adjustments under this (iii) Establishment of acreage allot­ ages divided by three), with such adjust­ subparagraph so as to cause an acreage ments for new ELS cotton farms. If the ment in the acreage for any year as may allotment to be established for any such applicant’s farm is eligible for an acre­ be necessary for abnormal conditions af­ farm (i) in excess of the acreage of extra age allotment for extra long staple cot­ fecting plantings. Adjustments for ab­ long staple cotton which could be planted ton, such allotment shall be established normal conditions affecting plantings on the farm in 1956 consistent with sound by the county committee on the basis will be made by the county committee crop-rotation practices -followed in the of land, labor, and .equipment available on the basis of data and information community, (ii) in excess of the acreage for the production of extra long staple available in the county office records or which can be farmed with the labor and cotton; crop-rotation practices; and the furnished by producers on the farm. equipment currently or normally avail­ soil and other physical facilities affecting (e) Use of county acreage reserve.able on the farm, or (iii) which would the production of such cotton. The The county acreage reserve shall be used cause extra long staple cotton to be acreage allotment so determined for any by the county committee as follows: planted on land unsuited for the produc­ such farm shall not exceed the smallest (1) Adjustments in indicated farm tion of such cotton. of (a) the acreage allotment established acreage allotments of 15 acres or less. (3) Acreage allotments for new ELS for old ELS cotton farms in the county Not less than 20 percent of the county cotton farms—(.i) Determination of which are similar With respect to the acreage reserve shall, to the extent re­ acreage needed for establishing acreage foregoing factors, (b) the acreage allot­ quired, be used by the county committee allotments for new ELS cotton farms. ment requested by the applicant, and to adjust indicated farm acreage allot­ The county committee, with the assist­ (c) the indicated allotments established ments determined under paragraph (c) ance of the community committees, shall pursuant to paragraph (c) or (d) of or (d) of this section to be 15 acres or estimate from county office records and this section for old ELS cotton farms in less. Such adjustments shall be made so other available sources of information the county which are similar except for as to establish acreage allotments which the number of new ELS cotton farms in the acreages planted to extra long staple are fair and reasonable in relation to the county. In . counties where farm cotton during the years 1953, 1954, and the acreage allotments established for acreage allotments are established on 1955. The sum of the acreage allot­ similar farms in the community, taking the cropland basis, an estimate shall be ments determined by the county com­ into consideration for the farm the acre­ made of the adjusted cropland acreage mittee for new ELS cotton farms shall ages planted to extra long staple cotton for new reT.s cotton farms; and in coun­ not exceed the acreage reserves available in 1953, 1954, and 1955 ; the land, labor, ties where farm allotments are estab­ for such farms in the county under this and equipment available for the produc­ lished on the historical basis, an estimate subparagraph. The acreage allotments tion of such cotton; crop-rotation prac­ shall be made of the cropland on new for new ELS cotton farms shall be sub­ tices; the soil and other physical facili­ rer.Pi cotton farms. Such estimates shall ject to review and approval by the State ties affecting the production of such be used by the State and county com­ committee, as provided in § 722.1328. cotton; and abnormal conditions of mittees as a basis for determining the (4) Adjustments in farm acreage al­ production. The county committee shall acreage that will be required for estab­ lotments to correct ineguities and to pre­ not make adjustments under this sub- lishing acreage allotments for new ELS vent hardship. The county committee paragraph so às to cause an acreage cotton farms. In determining the acre­ shall determine the acreage require- allotment to be established for any such age from the county acre reserve which from the county reserve to supplement farm (i) in excess of the acreage which is to be used for establishing acreage any acreage allocated to the county from could be planted to extra long staple cot­ allotments for new ELS cotton farms, the State acreage reserve to correct in­ ton on the farm in 1956 consistent with the county committee shall taken into equities in farm allotments and to pre­ sound crop-rotation practices followed in consideration the acreage, if any, to be vent hardship. Such reserve shall be the community, (ii) in excess of the acre­ made available from the State acreage used by the county committee where it age which can be farmed with the labor reserve pursuant to subparagraph (4) of determines that the farm acreage allot­ and equipment currently or normally § 722.1316 (c) for establishing acreage ment established under other provisions available on the farm, or (iii) which allotments for new ELS cotton farms. of this section is inequitable or that sucn would cause extra long staple cotton to The tptal acreage reserved for establish­ allotment would work undue hardship on be planted on land unsuited for the ing allotments for new ELS cotton farms the producers on the farm. Such re^er^ production of such cotton. in the county, including any acreage al­ located to the county for new ELS cotton m a y also be used for establishing and a (2) Adjustments in indicated acreage justing farm acreage allotments as pi° allotments for other farms. The re­ farms from the State acreage reserve, mainder of the acreage in the county shall not exceed 75 percent of the total vided in paragraph (h) of this section. Wednesday; November 23, 1955 FEDERAL REGISTER 8627 (f) Use of acreage allocated to county the extra long staple cotton acreage his­ from State acreage reserve for adjusting extra long staple cotton acreage deter­ tory for such tract for any year in the mined for each such tract for that year allotments for small farms. The acreage farm base period prior to the combina­ allocated to a county fyom the State prior to the combination. tion shall be divided among such parts (4) Where any such adjustment (up­ acreage reserve for small farms shall be in proportion to the acreage of cropland used by the county committee to adjust ward) in the acreage planted to extra in each such part, except that, upon long staple cotton in a year prior to the indicated farm acreage allotments of agreement by the owners and operators 15 acres and less for old ET.K cotton combination was initially made in estab­ and approval by the county committee, lishing the original 1956 farm acreage farms on the basis of the factors set the acreages norihally considered as forth in paragraph (e) (1) of this section allotment, the county committee shall riceland, Wheatland and sugarcane land determine the share of the adjustment for adjusting small farm allotments. may be excluded from the cropland in (g) Allocation of reserve acreage by which is to be assigned to each identical apportioning the extra long staple cot­ tract and shall add its share of such in­ use of mathematical formula or rule. ton acreage history for the tract among Any mathematical formula or rule crease to the planted extra long staple the parts. cotton acreage for each such tract for adopted by the county committee for use (ii) In counties where farm acreage that year. in calculating the amount of acreage to allotments are determined on the histor­ be allocated to an individual farm from (5) If, in establishing the original ical basis, if the acreage planted to extra 1956 farm acreage allotment for a farm the acreage reserves provided for in long staple cotton in 1953, 1954, or 1955 paragraphs (e) and (f) of this section which was established by combining two is adjusted for abnormal conditions or more tracts of. land for 1954 or for shall be subject to the'approval of the affecting plantings, as provided in 1955, the acreage planted to extra long State committee. § 722.1317 (d), such adjusted acreage (h ) Allotments for late and reconsti­ staple cotton on the combined farm was shall be divided among the tracts as adjusted downward for abnormal condi­ tuted farms and correction of errors. follows: tions affecting plantings, the county The acreage reserve provided for in par­ (a) For any of the years 1953, 1954, agraph (e) (4) of this section shall be committee shall determine the share of and 1955 when the farm being divided the adjustment which is to be assigned used by the county committee for the was operated as a single farm, the crop­ to each identical tract and make a cor- * purposes specified therein and also for land ratio determined under subdivision responding reduction in the acreage establishing allotments for old reT.s cot­ (i) of this subparagraph shall be used in planted to extra long staple cotton on ton farms for which allotments were not apportioning such adjusted extra long such tract for that year. established at the time allotments' were staple cotton acreage among the tracts. (c) Where an identical tract is di­ originally established for old ELS. cotton (b) In case the farm being divided vided, the adjusted extra long staple cot­ farms in the county because of oversight was established by combining two or ton acreage for that year for the identi­ on the part of the county committee or more tracts of land for 1954 o r for 1955, cal tract shall be divided among the because the county committee had no in­ each such tract shall be referred to here­ tracts thereof in proportion to the acre­ formation or data with respect to acre- in as an “identical tract”, and the ad­ age of cropland on each such tract, ex­ age planted to extra long staple cotton justed-extra long staple cotton acreage cept that upon agreement by the owners on the farm in 1953, 1954, and 1955, for . for 1953 (in case of a combination for and operators and approval by the correcting errors in farm acreage allot­ 1954) or for 1953 and 1954 (in case of a * ’ county committee the acreages normally ments, and for use in establishing acre­ combination for 1955) shall be divided considered as riceland, Wheatland, and age allotments for farms which are among the identical tracts as follows: sugarcane land may be excluded from divided or combined for 1956. Where (1) Where any such adjustment in the the cropland on each tract in apportion­ reconstitutions of farms are made for acreage planted to extra long staple cot­ ing the adjusted extra long staple cotton 1956 after farm acreage allotments for ton was made prior to the combination acreage for the identical tract among the 1956 are established prior to the refer­ and the adjusted extra long staple cotton tracts thereof. endum, the extra long staple cotton acreage for that year for the combined (iii) In counties where farm acreage acreage histories and the acreage allot- farm which was used in establishing the allotments are determined on the crop­ all such reconstituted farms original 1956 farm acreage allotment is land basis the 1956 farm acreage allot­ snail be established as provided in sub- the same as when the combination was ment established for the single farm paragraphs (1) and (2) of this para- graph. made, the adjusted extra long staple cot­ shall be apportioned among the tracts ton acreage which was used for the iden­ on the basis of the cropland used or (1) If land which was constituted as tical tract in making the combination which would be used for each such tract a single farm for the year 1955 is divided shall be reestablished for the tract for in apportioning the 1955 extra long into two or more tracts for 1956: that year. staple cotton acreage among the tracts (i) The acreages planted to extra long (2) Where any such adjustment in pursuant to subdivision (i) of this oni5 inCOtton on farm in 1953, 1954 the acreage planted to extra long staple subparagraph. ana 1955 (as defined in § 722.1312 (x) cotton was made prior to the combina­ (iv) In counties where farm acreage and as shown in Col. (2), Cotton Table tion and the adjusted extra long staple allotments are determined on the his­ county committee’s farm cotton cotton acreage for that year for the torical basis the 1956 farm acreage allot­ f ecord) shall be divided among combined farm which was used in es­ ment established for the single farm nfB J ra?ts jn Proportion to the acreage tablishing the original 1956 farm acreage shall be apportioned among the tracks in i l r°Pland on each tract> except that allotment is less than when the combi­ proportion to the allotment bases deter- * P n agreement by the owners and opffr- nation was made, the 'adjustment for mined for such tracts. S * a? d approval by the county com- each identical tract in making the com­ (v) The sum of the 1956 allotments „ 5 ® the acreages normally considered bination shall be reduced by the same established for the several tracts shall lanrf n?lanuJL wheatiand and sugarcane percentage that the adjustment previ­ pot exceed the 1956 acreage allotment on ¡L i?y.be excluded from the cropland ously applicable for the combined farm initially established for the single farm, IqL ®acb tract m apportioning the extra was reduced. except that the allotment determined amnn„ivPl+e ®otton acreage history (3) Where any such adjustment (up­ under the foregoing provisions of this f tracts: Provided, That, if two ward) for any year for the combined subparagraph for any farm consisting for T o il tra?ts of iand were combined fann which was used in establishing the of such a tract or of which such a tract farm9nrL°iufor 1955 to form the single original 1956 farm acreage allotment is becomes a part may be (a) adjusted by I95?nild t? e *mgle farm is divided for larger than the adjustment in effect at the county committee with the reserve histoidGf«Xtra long staPle cotton acreage the time the combination was made, the available to correct inequities and to Period^ a?y year ** the farm base county committee shall determine the prevent hardship, and (b) increased with was conti-nw^ the combination which share of the increase in the adjustment released acreage available to the county by ®ach tract to the his- which is to be assigned to each identical committee under paragraphs (j) and (k) to surh ? f ngle farm Will be restored tract on the basis of the conditions ob­ of this section. divided •t f Cti_and if any such tract is taining on the tract which were the (2) If two or more tracts of land are necHnn tW0 or more Parts in con- cause for the increase and shall add its on with a reconstitution for 1956 combined and operated as a single farm No. 228------2 share of such increase to the adjusted in 1956 the allotment established for 8628 RULES AND REGULATIONS such single farm shall be the sum of the in 1956. Any part of any farm acreage the agreement conforms to the require­ allotments established for such tracts, allotment may be permanently released ments of this subparagraph. except that the allotment for such single in writing to the county committee by FARM MARKETING QUOTA AND FARM farm shall not exceed the maximum the owner and operator of the farm, and MARKETING EXCESS farm allotment if such allotment limita­ reapportioned as provided in this para­ graph. In determining future farm acre­ § 722.1319 Notice of farm acreage tion is in effect in the county: Provided, allotment and marketing quota. Im­ That the allotment determined for such age allotments, the planting in 1956 of re­ apportioned acreage allotments shall not mediately after farm acreage allotments single farm under the foregoing provi­ in a county or other local administrative sions of this subparagraph may be (i) be considered. For the purpose of de­ termining future State and? county acre­ area are established and approved by the adjusted by the county committee with State committee pursuant to § 722.1328 the reserve available to correct inequities age allotments, reapportioned acreage will be credited to the State and to the (a ), the county committee shall mail to and to prevent hardship and (ii) in­ the operator of each such farm a written creased with released acreage available county in which such acreage was planted. Notwithstanding the foregoing notice of the farm acreage allotment to the county committee under para­ and marketing quota for the farm. The graphs (j) and (k) of this section. provisions of this paragraph, the county committee shall not accept a release of a county committee shall also mail to the (i) Availability of reserves for inspec­ operator of each new ELS cotton farm tion by interested producers. The allo­ farm acreage allotment permanently or for 1956 only, if (1) such release is op­ for which application for an allotment cations to the county from the State is made but for which it is determined acreage reserve and the total amount and posed by the owner or operator or the holder of a real estate lien on the farm, that no farm acreage allotment and the distribution of the county acreage marketing quota will be established, a reserve shall be available in the office of or (2) the county committee determines that the farm is being acquired for gov­ similar written notice showing “None” the county committee for examination as the acreage allotment and marketing by any interested producer. ernmental or other public purposes. quota established for the farm. The (j) Release and reapportionment of (k) Apportionment of surrendered acreage allocated to county by State notice shall contain at or near the top extra long staple cotton acreage allot­ thereof the following statement: “To all ments. Any part of any 1956 farm acre­ com m ittee. The acreage apportioned to the county under paragraph (g) of persons who as operator, landlord, ten­ age allotment which will not be used in ant, or sharecroper will be interested in 1956 and which is voluntarily released § 722.1316 may be used by the county committee for establishing and adjust­ the extra long staple cotton produced on to the county committee by the farm the farm for which this Acreage allot­ owner or operator by the applicable ing farm acreage allotments for new FT.fi cotton farms or small farms or to ment and marketing quota are estab­ closing date shall be deducted from the lished”. Notice so given shall constitute farm acreage allotment and may be reap­ correct inequities and to prevent hard­ notice to all such persons. Such notice portioned by the county committee not ship in accordance with the provisions of shall also contain a brief statement of later than the applicable closing date to paragraphs (e) and (f ) of this section. the procedure whereby application for other farms receiving farm acreage al­ § 722.1318 Publicly-owned agricul­ review of the marketing quota may be lotments in the same county in amounts tural experiment stations— (a) Acreage made under section 363 of the act. A determined by the county committee to allotments for farms operated by pub­ copy of each notice, containing a nota­ be fair and reasonable on the basis of licly-owned agricultural experiment sta­ tion thereon of the date of mailipg the past acreages of extra long staple cot­ tion. A farm acreage allotment shall be notice to the operator of the farm, shall ton, land, labor, and equipment available established pursuant to the provisions of be kept among the permanent records of for the production of extra long staple § 722.1317 for a farm operated by a pub­ the county committee, and upon request cotton, crop-rotation practices, and soil licly-owned agricultural experiment sta­ a copy thereof, duly certified as a true and other physical facilities affecting tion. and correct copy, shall be furnished the production of such cotton. The State (b) Conditions under which produc­ without charge to any person who as committee shall establish closing dates tion is exempted from penalty. The operator, landlord,' tenant, or share­ for purposes of the foregoing provisions marketing penalty shall not apply to the cropper, is interested in the extra long for the entire State or for areas in the marketing of any extra long staple cot­ staple cotton produced in 1956 on the State if there is a substantial difference in ton of the Î956 crop which is grown, farm for which the notice is given. In­ planting dates for different areas in the for experimental purposes only, on a sofar as practicable, the notice for each State. The closing date so established farm operated by a pulblicly-owned old FT.fi cotton farm shall be prepared for releasing farm acreage allotments agricultural experiment station and and mailed to the operator so as to be shall be the date on which the planting produced at public expense by employees received prior to the referendum to de­ of extra long staple cotton normally be­ of the experiment station. Where the termine whether extra long staple cot­ comes general on farms in the State or acreage planted to extra long staple cot­ ton farmers favor or oppose marketing area, and the closing date, so established ton on a farm operated by a publicly- quotas for the 1956 crop. Where it is for reapportionment of such released owned agricultural experiment station is impractical or impossible to use the acreage to other farms in the same in excess of the farm acreage allotment, United States mail to serve the producer county shall be the latest date on which the acreage used for determining the in Puerto Rico with the notice provided extra long staple cotton can normally marketing excess, if any, for the farm for in this section, use shall be made of be planted on farms in the State or area shall be the smaller of (1) the acreage such other method of service as is avail­ with reasonable expectation of producing planted to extra long staple cotton on able; however, when such other method an average crop. If all of the allotted the farm in excess of the farm acreage is used the county committee shall make acreage voluntarily released is not needed allotment, or (2) the acreage planted to provision for keeping an accurate record in the county, the county committee may extra long staple cotton on the farm of the date and method of delivery to the surrender the excess acreage to the State which is not for experimental purposes. producer of any such notice. committee for reapportionment to coun­ Also, the marketing penalty shall not § 722.1320 Amount of the farm mar­ ties as provided in § 722.1316 (g). Any apply to extra long staple cotton pro­ keting quota. The farm marketing farm acreage allotment released for 1956 duced for experimental purposes on quota for any farm for the 1956 crop only shall, ip determining future farm other land by a person pursuant to a of extra long staple cotton shall be the acreage allotments, be regarded as hav­ written agreement with a publicly- actual production of extra long staple ing been planted on the farm from which owned agricultural experiment station lint cotton on the farm less the farm such allotment was released if extra long whereby the experiment station bear» marketing excess. staple cotton was planted on such farm in at least one of the years in the three- the costs and risks incident to the pro­ § 722.1321 Amount of the farm mar­ year farm base period, except that acre­ duction of the extra long staple cotton keting excess. The farm marketing ex age released by the owner or operator of a and the proceeds from the crop inure cess for the 1956 crop of extra long stap new ELS cotton farm will not be regarded to the benefit of the experiment station cotton shall be the normal production as planted on such farm unless a part and such agreement is approved by the Of the acreage of such cotton on xdb of such allotment is retained and extra State committee. Such approval will be farm in excess of the farm acreage long staple cotton is planted on the farm given if the State committee finds that lotment: Provided, That, such ia Wednesday, November 23, 1955 FEDERAL REGISTER 8629 marketing excess shall not be larger nated as a reporter and determined by extra long staple cotton produced on the than the amount by which the actual the county office manager to be qualified production of extra long staple cotton farm. If producers on the farm do not to carry out the duties of a reporter. A dispose of the excess acreage of extra on the farm exceeds the normal pro­ reporter may be assisted in the measure­ duction of the farm acreage allotment long staple cotton within 20 days after ment of a farm by another reporter, a notice of the measured extra long staple if the producer establishes such actual community, county, or State committee­ production in accordance with regula­ cotton acreage is mailed to the farm op­ man, a State committee representative, erator as provided in this paragraph, or tions to be issued under this part by the any employee of the county office when Secretary. within 20 days after notice of the remeas­ authorized by the county office manager ured extra long staple cotton acreage de­ § 722.1322 Publication of farm acre­ or by any employee of the U. S. Depart­ termined pursuant to paragraph (d) of age allotments and marketing quotas. ment of Agriculture when authorized by this section is mailed to the farm opera­ One copy of each notice of the farm the Deputy Administrator. The reporter tor, and a request in writing for addi­ acreage allotment and marketing quota may request the operator or producer or tional time and a showing to the for farms in a county shall be placed his representative to designate all fields satisfaction of the county committee that in binders or folders, or in lieu thereof on the farm on which extra long staple circumstances beyond their control pre­ a listing of such allotments shall be pre­ cotton was planted in 1956 and Otherwise vented the disposition of the excess acre­ pared, and such notices or listing shall to assist in measuring the farm. If so age within the applicable 20-day period be kept freely available in the office of requested, the operator or producer or is- filed with the county committee, the the county committee for public inspec­ his representative shall so designate all county committee may allow an addi­ tion for a period of not less than thirty fields planted to extra long staple cotton tional period not to exceed 10 days for calendar days. At the end of such pe­ on the farm in 1956. The reporter may disposing of the excess acreage. No ex­ riod the copies of the notices or the list­ utilize any assistance from the Operator tra long staple cotton acreage shall be ing shall be filed in the office of the or producer or his representative in measuring the farm. disposed of for purposes of adjusting the county committee and remain readily planted acreage of such cotton to the available for further public inspection. (2) The county office manager shall farm acreage allotment after any cotton If the county is divided into administra­ have responsibility for assigning, in writ­ has been harvested from such planted tive areas, separate binders, folders,- or ing, insofar as practicable, the farms in acreage. the county to be measured by a reporter. listings shall be prepared and made (d) Remeasurement T h e county available for inspection for each admin­ (3) A reporter shall Visit each farm committee shall provide for the remeas­ istrative area. The listing sheets on assigned to him for measurement and enter thereon if such entry will facilitate urement, upon request by the farm oper­ which farm acreage allotments are de­ ator, of the acreage planted to extra termined shall be kept available with measurement. Upon request he will ob­ tain and exhibit to the farm operator, long staple cotton on the farm, but the the Chairman of the county committee operator shall be required to deposit with at the office of the county committee. producer, or owner his written assign­ ment to measure the farm. the treasurer of the county committee an § 722.1323 Successors - in - interest. (4) Measurement may be made by amount equal to the estimated cost of Any person who succeeds to the interest identification of fields or parts of fields such remeasurement and such deposit of a producer in a farm, or in a crop of by use of a map or aerial photograph, or shall not be returned to the farm opera­ extra long staple cotton, or in extra long by means of a steel or metallic tape or tor if the planted acreage is found upon staple cotton for which a farm market­ chain, or rod and chain, or by use of a such remeasurement to be in excess of ing quota and farm marketing excess measuring wheel when authorized by the the farm acreage allotment. Where the were established, shall, to the same ex­ Deputy Administrator, or by a combina­ farm operator requests an additional re­ tent as his predecessor, be entitled to all tion of two or more of the foregoing measurement of the acreage planted to the rights and privileges incident to such methods. The pertinent data and in­ extra long staple cotton on the farm, the marketing quota and marketing excess formation for the farm shall be entered county committee shall provide for such and be subject to the restrictions on the by the report«- on the Form CSS-578, remeasurement only if it finds, on the marketing of extra long staple cotton. and on maps or aerial photographs where basis of evidence presented by the farm applicable, and filed in the county office. operator and other available information § 722.1324 M arketing qu otas not or data, that an error was probably made transferable. A farm marketing quota Computations of acreages shall be made in the prior remeasurement. is established for a farm and, except as by an employee in the county office from the data so obtained, and the use of a (e) Measurement of acreage disposed specifically provided for in § 722.1317 (j) of. If the excess acreage of extra long and (k), may not be assigned or other­ planimeter or rotometer in connection therewith is authorized. staple cotton on any farm is disposed of wise transferred in whole or in part to within the time allowed pursuant to par­ any other farm. (5) Measurements of whole fields made prior to the effective date of this agraph (c) of this section and a pro­ MISCELLANEOUS PROVISIONS § 722.1325 and in accordance with exist­ ducer on the farm requests that the ing procedures then in effect may be acreage disposed of be measured and § 722.1325 Measurement of farms to pays the estimated cost of measuring determine compliance with allotments— utilized where pertinent for the purpose of ascertaining with respect to any farm such acreage, the county committee (a) Premeasurement. The county com­ shall provide for such measurement. mittee shall provide for the measure- the acreage planted to extra long staple Prior to planting of an acreage on cotton in 1956 and the acreage of such § 722.1326 Future effect of under- cotton in excess of the 1956 farm acre­ planting or overplanting farm acreage farm equal to the farm acreage age allotment. allotment if the farm operator requests allotm ent— (a) Underplanting the farm such measurement and pays the cost (c) Notice of measured acreage and acreage allotrhent. For any farm on thereof, as determined by the county disposition of excess acreage. The which extra long staple cotton is planted committee, and any farm on which such county committee shall notify the farm in 1956 and the acreage of such cotton measured acreage is the only acreage operator by mail of the 1956 measured in 1956 is less than the 1956 farm acre­ ji r aated to extra long staple cotton shall acreage of extra long staple cotton on age allotment by not more than the ~Z deemed to have an acreage not in the farm. If such acreage is in excess larger of 10 percent of the allotment or xcess of the farm acreage allotment. , of the farm acreage allotment, the one acre, an acreage equal to the farm (b) Measurement after planting.county committee shall also notify the acreage allotment shall be deemed to be farm operator that unless the acreage the acreage planted to extra long staple PYt^SU1rernen*; °t the acreage planted to a long staple cotton on each farm in of extra long staple cotton on the farm cotton on the farm in 1956, and the addi­ the county shall be made under the gen- is adjusted to the farm acreage allotment tional acreage added to the extra long within the time established under this staple cotton acreage history for the farm in jrvision of the county committee I>aragraph the farm marketing excess shall be added to the extra long staple siomr 0rdance the following provi­ for the farm will be determined on the cotton acreage history for the county and basis of the excess acreage and the nor­ State. sion 3 * measurement of the farm mal yield for the farm. Notice so given (lb) No credit for overplanting the cm,«+be made by an employee of the shall constitute notice to each producer farm acreage allotment. Any acreage ty committee who has been desig­ having an interest in the 1956 crop of planted to extra long staple cotton in 8630 RULES AND REGULATIONS

1956 in excess of the farm acreage allot­ Note: The reporting and record-keeping dling of Irish potatoes grown in the pro­ requirements contained herein have been ap­ duction area. ment for the 1956 crop of extra long proved by the Bureau of Budget in accord­ Order, as amended. The provisions of staple cotton shall not be taken into ac­ ance with the Federal Reports Act of 1942. paragraph (b) (5) of § 959.313 (F ederal count in establishing State, county, and R egister October 11 and October 27, farm acreage allotments for 1957 and Done at Washington, D. C., this 18th subsequent crops of extra long staple day of November 1955. Witness my hand 1955; 20 F. R. 7567, 8071) are hereby amended to read as follows: cotton. and the seal of the Department of Agri­ culture. (5) During the period November 21, § 722.1327 Availability of records. 1955, to June 30, 1956, both dates inclu­ The State and county committees shall [sea l] T ru e D. M orse, make available for inspection by owners Acting Secretary of Agriculture. sive: (i) No handler shall ship (a) pota­ toes for export which do not meet the or operators of farms receiving extra [F. R. Doc. 55-9449; Filed, Nov. 21, 1955; long staple cotton acreage allotments, requirements of the U. S. No. 1 or better 4:36 p. m.] grade, IV2 inches minimum diameter, or all records pertaining to extra long sta­ (b) potatoes for dehydration or manu­ ple cotton acreage allotments and mar­ facture or conversion into starch, flour, keting quotas. or alcohol which do not meet the re­ § 722.1328 Approval of county com­ Chapter IX— Agricultural Marketing quirements of 85 percent of the U. S. mittee determinations and redelegation Service (Marketing Agreements and No. 1 or better grade, IV2 inches mini­ of authority by the State committee— Orders), Department of Agriculture mum diameter; (ii) potatoes grown in a (a) Approval of county committee de­ particular district and which fail to meet terminations. The State committee [959.313 Arndt. 2] _ applicable grade and size requirements shall review all acreage allotments and P art 959—I r ish P otatoes G rown in of this section because of damage from may revise or require revision of any M odoc and S is k iy o u Counties in Cali­ shriveling or sprouting caused by the determinations made under §§ 722.1311 fornia and in All C ou nties in Oregon, conditioning of the potatoes for potato to 722.1325. All acreage allotments for E xcept M alheur County chipping may be shipped for use for po­ both old and new ELS cotton fanns shalk. tato chipping; (iii) potatoes grown in be approved by the State committee, and lim itation of sh ipm en ts a particular district and which by clip­ no official notice of farm acreage allot­ Findings, a. Pursuant to Marketing ping second growth could be made to ment and marketing quota shall be Agreement No. 114, as amended, and meet the aforesaid applicable grade and mailed to a farm operator until such al­ Order No. 59, as amended (7 CFR Part size requirements may be shipped for lotment has been approved by the State 959 ; 20 P. R. 7068), regulating the han­ use for potato chipping without such committee. dling of Irish potatoes grown in Modoc clipping; (iv) potatoes grown in a par­ (b) Redelegation of authority. Anyand Siskiyou Counties in California and ticular district and which meet the afore­ authority delegated to the State com­ in all counties in Oregon, except Malheur said applicable grade and size require­ mittee by the regulations in §§ 722.1317 County, effective under the applicable ments may be commingled in the han­ to 722.1328 (a), inclusive, may be re­ provisions of the Agricultural Marketing dling thereof for use for potato chip­ delegated by the State committee. Agreement Act of 1937, as amended (48 ping; (v) potatoes of the Kennebec var­ Stat. 31, as amended; 7 U. S. C. 601 iety grown in a particular district and REVIEW OF FARM ACREAGE ALLOTMENT et sèq.), and upon the basis of the recom­ which fail to meet applicable grade and § 722.1329 Review of farm acreage mendation and information submitted size requirements because of damage allotm ent— (a) Review committees. Any by the Oregon-Califomia Potato Com­ from hollow heart may be shipped for producer who is dissatisfied with the mittee, established pursuant to said use for potato chipping; and (vi) pota­ farm acreage allotment established for amended marketing agreement and toes grown in a particular district which his farm, or in the case of a new ELS amended order, and upon other avail­ have been conditioned for use for potato cotton farm with the action of the able information, it is hereby found that chipping and from which more than one- county committee in refusing to estab­ the amendment to the limitation of ship­ fourth of any potato has been cut away lish a farm acreage allotment for such ments, as hereinafter provided, will tend may be shipped for use for potato chip­ farm, may, by making application within to effectuate the declared policy of the ping if such potatoes otherwise meet the 15 days a f t« the mailing to him of the act. applicable grade and size requirements. notice provided for in § 722.1319, have b. It is hereby found that it is imprac­ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. 0. such allotment reviewed by a review ticable and contrary to the public in­ 608c) committee composed of three farmers terest to give preliminary notice, engage Done at Washington, D. C., this 17th appointed by the Secretary pursuant to in public rule making' procedure, and day of November 1955 to become effective section 363 of the act. The review postpone the effective date of this November 21, 1955. committee shall, upon proper applica­ amendment until 30 days after publica­ tion, review the action of the county tion in the F ederal R egister (5 U. S. C. [ seal] S . R . S m ith , committee. The review committee in 1001 et seq.) in that (i) the time inter­ Director, determining any farm acreage allotment vening between the date when informa­ Fruit and Vegetable Division. shall, to the same extent as the county tion upon which this amendment is [F. R. Doc. 55-9393; Filed, Nov. 22, 1955; committee, be limited to the establish­ based became available and the time 8:48 a. m.] ment of a farm acreage allotment in an when this amendment must become ef­ amount which, under the act and reg­ fective in order to effectuate the de­ ulations, should have been established. clared policy of the act is insufficient, TITLE 9— ANIMALS AND Unless such application is made within (ii) more orderly marketing in the public ANIMAL PRODUCTS 15 days, the original determination of interest, than would otherwise prevail, the farm acreage allotment shall be final. will be promoted by regulating the ship­ Chapter I— Agricultural Research All applications for review shall be made ment of potatoes, in the manner set Service, Department of Agriculture in accordance with the marketing quota forth below, on and after the effective review regulations issued by the Secre­ date of this amendment, (iii) compli­ Subchapter C— Interstate Transportation of tary, a copy of which may be obtained ance with this amendment will not re­ Animals and Poultry from the county committee. quire any special preparation on the part [B. A. I. Order 383, Revised, Amdt. 66] (b) Court review. If the producer is of handlers which cannot be completed P art 76—H og Cholera, S w in e P rague, dissatisfied with the determination of by the effective date, (iv) reasonable and Other C ommunicable S w i the review committee, he may, within 15 time is permitted, under the circum­ D isea ses days after notice of such determination stances, for such preparation, (v) in­ is mailed to him by registered mail, in­ formation regarding the committee’s S ubpart B — Vesicular E xanthema stitute proceedings against the review recommendations has been made avail­ CHANGES IN AREAS QUARANTINED able to producers and handlers in the committee to have the determination of Pursuant to the provisions of sections the review committee reviewed by a court production area, and (vi) this amend­ in accordance with section 365 of the act. ment relieves restrictions on the han- Wednesday, November 23, 1955 FEDERAL REGISTER / 8631 amended (21 U. S. C. 123, 125), sections ment effective less than 30 days after curate, and full statement of all of the 1 and 2 of the act of February 2, 1903, publication in the F e d e r a l R e g is t e r . <■ as amended (21 U. S. C. 111-113, 120), ingredients contained in said product, or and section 7 of the act of May 29, 1884, (Sec. 2, 32 Stat, 792, as amended, 21 TT. S. O. of a truthful statement that said prod­ 111. Interprets or applies secs. 4, 5, 23 Stat. uct contains skim milk, milk-minerals or as amended (21 U. S. C. 117), § 76.27, 32, sec. 1, 32 Stat. 791; 21 U. S. C. 120) as amended, Subpart B, Part 76, Title any other dairy product provided the 9, Code of Federal Regulations (20 F. R. Done at Washington, D. C., this 18th percentage thereof contained is clearly 2881, 2973, 3499, 3931, 4397, 4841, 5256, day of November 1955. and conspicuously set forth. 2. Disseminating or causing to be dis­ 5709, 6076, 6575, 7134, 7897, 8364), which [ s e a l ] m . R. C l a r k s o n , contains a notice with respect to the seminated by any means for the purpose Acting Administrator, of inducing or which is likely to induce, States in which swine are affected with Agricultural Research Service. vesicular exanthema, a contagious, in­ directly or indirectly, the purchase in [P. R. Doc. 55-9420; Piled, Nov. 22, 1955; commerce, as “commerce” is defined in fectious, and communicable disease, and 8:51 a. m.] which quarantines certain areas in such the Federal Trade Commission Act of States because of said disease, is hereby said product any advertisement which further amended in the following contains any of the representations pro­ respects: TITLE 16-—COMMERCIAL hibited in paragraph one of this order. 1. Subparagraph (11) of paragraph PRACTICES By said “Decision of the Commission”, (a), relating to San Mateo County in report of compliance was required as California, is deleted. Chapter I— Federal Trade Commission follows: 2. Subparagraph (1) of paragraph [Docket 6380] (a), relating to California, is amended It is ordered, That the respondent P a r t 13—D ig e s t o f C e a s e and D e s i s t to read: herein shall, within sixty (60) days after O r d e r s service upon it of this order, file with the (1) E. % Sec. 13, T. 3 S., R. 3 W., MDBM, THE BEST FOODS, INC. Commission a report in writing setting in Alameda County. forth in detail the manner and form in 3. Paragraph (e), relating to Rock­ Subpart—Advertising falsely or mis­ which it has complied with the order to land County in New York, is deleted. leadingly: § 13.30 Composition of goods; cease and desist. § 13.135 N ature: Product or service. 4. Subparagraph (12) of paragraph Issued: November 8, 1955. (a), relating to California, is amended Subpart—Misrepresenting oneself and to read: goods—Goods: § 13.1590 Composition; By the Commission. § 13.1685 Nature. (12) NE. 14 Sec. 22, T. 6 S., R. 1 W., MDBM; [ s e a l ] R o b e r t M . P a r r is h , and SE. & of T. 5 S., R. 1 W., MDBM, in Santa (Sec. 6, 38 Stat. 721; 15 IT. S. C. 46. Interpret Secretary. Clara County. or apply sec. 5, 38 Stat. 719, as amended, secs. 12, 15, 52 Stat. 114, as amended; 15 U. S. C. [P. R. Doc. 55-9404; Piled, Nov. 22, 1955; Effective date. The foregoing amend­ 45, 52, 55)* [Cease and desist order, The Best 8:50 a. m.] ment shall become effective upon Poods, Inc., New York, N. Y., Docket 6380, issuance. November 8,1955] The amendment includes the follow-, This proceeding was heard by Everett [Docket 6272] tag area in California within the areas F. Haycraft, hearing examiner, on the quarantined because of v e s icu la r complaint of the Commission—charging P a r t 13— D i g e s t o f C e a s e and D e s i s t exanthema: respondent corporation with falsely rep­ O r d e r s SE. of T. 5 S., R. 1 w ., MDBM, in Santa resenting its “Nucoa” margarine in ad­ GARY SALES CO., INC., ET AL. Clara County. vertising as a dairy product and as richer in milk properties than butter—and an Subpart—Using, selling, or supplying Hereafter, the restrictions pertaining to agreement between respondent and lottery devices: § 13.2475 Devices for lot­ the interstate movement of swine, and counsel supporting the complaint provid­ tery selling; § 13.2480 In merchandising. carcasses, parts and offal of swine, from ing for the entry of a consent order in ac­ (Sec. 6, 38 Stat. 721; 15 U. S. O. 46.. Interpret or through quarantined areas, contained cordance with § 3.25 of the Commission’s or apply sec. 5, 38 Stat. 719, as amended; 15 ta 9 CFR, 1954 Supp., Part 76, Subpart B, rules of practice. U, S. C. 45) [Cease and desist order, Gary as amended, will apply to such area. Upon this basis, the hearing examiner Sales Company, Inc., et al., New York, N. Y., The amendment also excludes certain made his initial decision and order to Docket 6272, November 8, 1955] areas in California and New York from cease and desist, which by the Commis­ the areas heretofore quarantined because In the Matter of Gary Sales Company, of vesicular exanthema. Hereafter, the sion’s order of November 8,1955, became Inc.K a Corporation, and Sam Frank, pursuant to §3.21 of the rules of prac­ Norman Eisner, Henry Davis, and Eli restrictions pertaining to the interstate tice, the “Decision of the Commission.” movement of swine, and carcasses, parts Tockar, Individually and as Officers of The order to cease and desist is as Gary Sales Company, Inc. and offal of swine, from or through quar­ follows: antined areas, contained in 9 CFR, 1954 This proceeding was heard by Abner Supp., Part 76, Subpart B, as amended, It is ordered, That the respondent, The E. Lipscomb, hearing examiner, on the will not apply to such areas. However, Best Foods, Inc., a corporation, and its complaint of the Commission, charging jne restrictions pertaining to such move­ officers, agents, representatives and em­ respondents with furnishing pull cards ment from non-quarantined areas, con­ ployees, directly or through any corpo­ for the sale of their jewelry, novelties, joined in said Subpart B, as amended, rate or other device, in connection with .household articles, cookware, silverware, will apply thereto. the offering for sale, sale or distribution etc., to purchasers by means of a game a, amendment imposes certain fur- of oleomargarine or margarine, do of chance, gift enterprise, or lottery r restrictions necessary to prevent the forthwith cease and desist from, directly scheme. pread of vesicular exanthema, and re- or indirectly, Following respondents’ answer and certain restrictions presently im- 1. Disseminating or causing to be dis­ hearings, the hearing examiner made his riia+ii' ± must be made effective imme- seminated by means of the United States initial decision, including findings and nnhu y • x acc°mplish its purpose in the mails or by any means in commerce, as conclusions and order to cease and desist, bpnJ«. ^ erest and to be of maximum “commerce” is defined in the Federal from which respondents appealed. tinnc Li? ?ersons subject to the restric- Trade Commission Act, any advertise­ The Commission, in a per curiam de­ „wnich are relieved. Accordingly, ment which contains any statement, cision, denied the appeal and disposed of pro„Lsectlon 4 °f the Administrative word, grade designation, design, device, the matter by a “Final Order”, dated Act (5 U* s - c 1003), it is symbol, sound or any combination November 8; 1955, as follows: otw good cause that notice and thereof which represents or suggests that said product is a dairy product; This matter having come before the the procedure with respect to Commission upon respondents’ appeal cont^eiidn?iint are impracticable and Provided, however, That nothing con­ from the hearing examiner’s initial deci­ caused e° puWic interest, and good tained in this order shall prevent the e is found for making the amend- sion and the matter having been heard use in advertisements of a truthful, ac- on the whole record, including briefs 8632 RULES AND REGULATIONS ment and related activities shall conduct Provided, That a substantial proportion (oral argument not . having been re­ of the production under such contracts quested) ; and the Commission having business dealings with industry in a man­ ner above reproach in every respect. will be performed within such labor sur­ rendered its decision denying respond­ plus areas; Provided further, That a firm I ents’ appeal and affirming the initial Transactions relating to expenditure of public funds require the highest degree located in an area not classified by the decision; Department of Labor shall be eligible It is ordered, That the respondents of public trust to protect the interests of the Government. While many Federal for participation in a set-aside if such herein shall, within sixty (60) days after firm submits a certificate obtained from service upon them of this order, file with laws and regulations place restrictions on the actions of Governmental person­ the local Employment Security Office the Commission a report in writing set­ that a substantial labor surplus exists in ting forth in detail the manner and form nel, the latter’s official conduct must, in addition, be such that the individual the area. (For detailed procedures see in which they have complied with the §§ 2.205, 3.105, and 3.219 of this sub­ order contained in said initial decision. would have no reticence about making a full public disclosure thereof. chapter.) The order in the initial decision, thus (3) Assure that firms in labor surplus affirmed as the decision of the Commis­ SUBPART C— GENERAL POLICIES areas which are on appropriate bidders’ sion, is as follows: 1. Amendments to § 1.302-4 (a) (1), lists are given the opportunity to submit bids or proposals on all procurements for It is ordered, That Respondent Gary (b) (2), and (d) (2) implement ODM Defense Manpower Policy No. 4, Amend­ which they are qualified and on which Sales Company, Inc., a corporation, and small business joint determinations have its officers, Sam Prank, Norman Eisner, ment No. 1, effective 27 July 1955, which provides for preferences to firms in areas not been made. Whenever the number Henry Davis, and Eli Tockar, individu­ of firms on a bidders’ list is excessive, a ally, and Respondent’s agents, repre­ which are not classified as “labor sur­ plus areas”, but which are individually representative number of firms from la­ sentatives and employees, directly or bor surplus areas shall be included for through any corporate or other device, certified • as areas of substantial labor surplus by a local Employment Security the particular procurement. in connection with the offering for sale, (4) In the event of tie bids or pro­ sale and distribution of jewelry, novel­ Office of the Department of Labor. Sec­ tion 1.302-4, as revised, reads as follows: posals on any procurement, the contract ties, household articles, cookware, silver­ shall be awarded in accordance with ware, or any other articles of merchan­ § 1.302-4 Firms performing contracts § 2.406-4. dise in commerce, as “commerce” is de­ in labor surplus areas— (a) Definitions. (5) Encourage prime contractors to fined in the Federal Trade Commission (1) “Labor Surplus Areas” are those (i) award subcontracts to firms in labor Act, do forthwith cease and desist from: classified as such by the Department of surplus areas. 1. Supplying to or placing in the hands Labor and set forth in a list entitled, (6) Cooperate with other agencies of others pull cards or any other device “Areas of Substantial Labor Surplus” listed in Defense Manpower Policy No. 4 or devices which are designed or intended issued by that Department in conjunc­ in achieving the objectives of this policy. to be used in the sale and distribution of tion with its publication, “Bi-Monthly (c) Application. The above policy Respondents’ merchandise to the public Summary of Labor Market Develop­ shall be applicable to procurements esti­ by means of a game of chance, gift en­ ments in Major Areas,” and (ii) areas mated to be in excess of $25^000. terprise or lottery scheme. which are not classified by the Depart­ (d) Implementation. (1) The Depart­ 2. Shipping, mailing and transporting ment of Labor but which are individu­ ments shall cause information identify­ to agents or distributors or to members ally certified as areas of substantial ing labor surplus areas as defined above of the public pull cards or any other de­ labor surplus by a local Employment to be disseminated to appropriate pro­ vice or devices which are designed or Security Office at the request of any firm curement personnel. When an entire intended to be used in the sale and dis­ located in the areas, which is bidding industry is depressed, the Director of De- tribution of Respondents’ merchandise to for a procurement involving set-asides.,• fense Mobilization may establish appro­ the public by means of a game of chance, (2) “Set-asides,” as used in this part, priate measures upon an industry-wide, gift enterprise or lottery scheme. designates a method of procurement rather than a normal geographical, basis. 3. Selling or otherwise disposing of any whereby a portion of the requirement, Designations of such industries will be merchandise by means of a game of as determined by the procurement ac­ accomplished by ODM Notifications, and chance, gift enterprise or lottery scheme. tivity, is withheld from general solicita­ such industries will thereafter be given tion (either formally advertised or Issued: November 8 ,1955V^\ special treatment as specified therein. negotiated), is reserved for negotiation (2) The Department of Labor has pro­ By the Commission. exclusively with firms located in labor vided standard criteria to the local Em­ surplus areas, and is to be performed [ seal] R obert M. P arrish , ployment Security Offices for use in cer­ Secretary. substantially within such labor surplus tifying non-classified areas. Contract­ areas. ing Officers will accept the certification [P. R. Doc. 55-9405: Piled, Nov. 22, 1955; (b) Policy. Defense Manpower Pol­ of the local Employment Security Office, 8:50 a. m.] icy No. 4 (revised 5 November 1953), in each individual procurement in which issued by the Director of Defense Mobili­ a certification is submitted./ , zation, directs the placement of supply (3) Procedures shall be established TITLE 32— NATIONAL DEFENSE contracts, at prices no higher than with respect to the issuance of invita­ Chapter I— Office of the Secretary of might otherwise be obtainable else­ tions for bids and requests for proposals where, with such suppliers as will per­ as set forth in §§ 2.205-3 and 3.105 of this Defense form contracts substantially in current subchapter. Awards of contracts evolv­ Subchapfer A— Armed Services Procurement labor surplus areas. Accordingly, the ing labor surplus areas shall be made in Regulation Departments shall comply with the accordance with § 3.219 of this sub­ [Amdt. 8 ] following: chapter. . (1) Use their best efforts to award (4) Contract files shall be documented M iscellaneous Amendments negotiated procurements to contractors to indicate the extent to which labor sur­ The following amendments are made located within labor surplus areas for plus areas were considered and the ac­ to the Armed Services Procurement performance substantially within such tion taken with regard thereto. Regulation: labor surplus areas to the extent that 2. The words “whenever possible” have procurement objectives will permit: been deleted from the first sentence oi P art 1—G eneral P rovisions Provided, That in no case shall price § 1.306-2, between “United States a SUBPART A— INTRODUCTION differentials be paid for the purpose of carrying out this policy. . “regardless.” The revised § 1.30^ The Department of Defense Code of (2) Where deemed appropriate, set reads as follows: Conduct for personnel engaged in pro­ aside portions of procurements for nego­ § 1306-2 Shipm ents originating with' curement and related activities has been tiation exclusively with firms located in in the continental United States for «**- restated in § 1.113. classified labor surplus areas at prices mate delivery outside the confines no higher than those paid on the non § 1.113 Code of conduct. All govern­ United States. Unless there are vaiw mental personnel engaged in procure­ set-aside portions of such procurements: Wednesday, November 23, 1955 FEDERAL REGISTER 8633 reasons to the contrary purchases of SUBPART E— QUALIFIED PRODUCTS supplies within the continental United The procedures for negotiation of “set- States for ultimate ^delivery to destina­ Section 2.505 has been amended to asides” are set forth in § 3.219. tions outside of the continental United provide that only bids offering products § 3.105-2 Special conditions to be in­ States, regardless of the quantity of the -which have been approved and qualified serted in requests for proposals. When­ shipment, shall be made on the basis of shall be considered in making an award. ever it has been determined to set aside delivery f. o. b. carrier’s equipment, However, manufacturers whose products a quantity of a procurement in accord­ wharf, or freight station (at the Govern­ are not listed, but which have been quali­ ance with § 1.302-4 of this subchapter, ment’s option), at or near contractor’s fied or approved, should be given an op- the Request for Proposals covering pro­ plant, at a specified city or shipping pprtunity to offer evidence thereof in curement of the items not set aside shall point. Shipments included in this pol­ the time interval before the final award provide that: is made. A new provision to be inserted icy are those in which supplies are (a) Set-asides in aid of labor surplus shipped directly to a port area for ex­ in invitations for bids is set forth in areas may be utilized. § 2.505—2. Section 2.505—3 remains un­ port or to storage areas for subsequent (b) The right to participate in sub­ reshipment to a port area for export. changed. Sections 2.505-1 and 2.505-2, as amended, read as follows: sequent negotiation for any “set-asides” (R. S. 161; 5 U. S. C. 22) shall be conditioned upon the submission § 2.505 Procurem ent of qualified prod­ of an initial proposal upon the items not ucts. set aside, conforming with the Request Part 2- -P rocurement b y F ormal for Proposals, at a unit price within 120 Advertising § 2.505-1 Contracts entered into by forrnal advertising. Whenever procure­ percent of highest award with respect SUBPART B— SOLICITATION OF BIDS ment of qualified products by a Depart­ to the quantities not set aside. ment is made pursuant to formal adver­ (c) Firms located in areas not clas­ 1. A new § 2.204-9 authorizes the re­ sified by the Department of Labor will lease of a list of names of prospective tising in accordance with the provisions of this part, only bids offering products be eligible for participation in any set- bidders (on construction contracts only) aside only upon the submission of a pro­ who have been furnished copies of plans which have been approved or qualified shall be considered in making an award. posal accompanied by a certification and specifications, to trade journals, from the local Employment Security Of­ prospective subcontractors, material Manufacturers having products not listed but which have been qualified or fice that the firm is located in an area suppliers and others having- a bona fide of substantial labor surplus. interest in such information. Section approved should be given consideration 2.204-9 as revised reads as follows: and an opportunity to offer evidence of 2. Section 3.107 has been added, set­ such qualification or approval in the ting forth a uniform Department of De­ § 2.204-9 Release of names of pros­ time interval before final award must be fense policy to the effect that requests pective bidders on construction contracts. made. for proposals will contain a deadline for When invitations for bids for construc­ submission of proposals with a saving tion contracts have been issued, trade § 2.505-2 Solicitation of bids. In for­ mally advertised procurements involv­ clause authorizing the Government to journals, prospective subcontractors, ma­ consider late proposals before award is terial suppliers, and others having a ing qualified products, the following provision shall be inserted in invitations made. Upon receipt of a late proposal, bona fide interest in such information, for bids: the contracting officer will submit the will be supplied, upon request, with , a case to such authority as required by the list of names of all prospective bidders With respect to products requiring quali­ fication, awards will be made only for such Departments; if a decision is made to who have been furnished copies of the consider the late proposal, the contract­ plans and specifications. products as have, prior to the bid opening date, been tested and approved for inclusion ing officer shall resolicit all firms which 2. A new § 2.205-3 (c) has been added in the Federal Qualified Products List (insert have submitted proposals and have been implementing ODM Defense Manpower here the title of the applicable Federal Quali­ determined to be capable of meeting re­ Policy No. 4, Amendment No. 1, effective fied Products List or Lists), whether or not quirements, as follows: such products have actually been so listed by 27 July 1955, which provides for prefer­ that date. Manufacturers are urged to com­ § 3.107 Late proposals and late un­ ences to firms in areas which are not municate with the (insert here the name and solicited revisions to proposals. classified as “labor surplus areas”, but address of the applicable office) and arrange which are individually certified as areas to have the products that they propose to § 3.107-1 Clause. In all negotiations of substantial labor surplus by a local offer tested for qualification. where proposals are being sought from Employment Security Office of the De­ (R. S. 161; 5 U. S. C. 22) more than one prospective contractor partment of Labor. Section 2.205-3, as there shall be included in the request for amended, reads as follows: proposals a statement of the desired P a rt 3 — P r o c u r e m e n t b y N e g o t ia t io n deadline date for the submission of pro­ § 2.205-3 Special conditions to be in­ SUBPART A— USE OF NEGOTIATION posals and the following statement which serted in invitations for bids. Whenever is contained in paragraph 9 (c) of the it has been determined to set aside a 1. Section 3.105 has been revised to terms and conditions on the reverse side quantity of a procurement in accordance implement _ ODM Defense Manpower of DD Form 746,1 “Request for Proposals with § 1.302-4 of this subchapter, the in- Policy No. 4, Amendment No. 1, effective and Proposal (Negotiated Fixed Price vitation for bids covering procurement 27 July 1955, which provides for pref­ Contract) ”: “Late Proposals. The Gov­ that- ltemS n0t S6t aSide Sha11 provide erences to firms in areas which are not ernment reserves the right to consider classified as “labor surplus areas”, but proposals or modifications thereof re­ la) ‘Set-asides’’- in aid of labor sur­ which are individually certified as areas plus areas may be utilized. ceived after the date indicated for such of substantial labor surplus by a local purpose, but before award is' made, * 11116 right to participate in subse- Employment Security Office of the De­ should such action be in the interest of iu0e,,. negotiation for any “set-asides” partment of Labor. Section 3.105, as the Government.” nf conditioned upon the submission. revised, reads as follows: ai. for failure to staté a case; prehearing tract unit price for any month shall be vised, reads as follows: conferences; filing of notice of appear­ computed by adding together the following ance by Government Counsel ; restriction three amounts: (i) the amount (represent­ § 9.102-1 Authorization and consent of representation to attorneys-at-law, ing the adjusted cost of labor) obtained by in contracts for supplies. Except as unless the Board otherwise authorizes in multiplying ___ percent of the contract otherwise authorized in § 9.102—2, the unit price by a fraction, the numerator of a particular case (contractors may also which shall be the current labor index and following clause shall be included in all appear in person and corporations by the denominator of which shall be the base contracts for supplies (including con­ their officers) ; a procedure for recess of labor index; (ii) the amount (representing struction work), except purchase orders hearing when Government Counsel and the adjusted cost of steel) obtained by mul­ of $5,000 or less: the contractor are in agreement as to tiplying '.___ percent of the contract unit disposition of the controversy to permit price by a fraction, the numerator of which Authorisation and consent. The Govern- • reconsideration by the contracting offi­ shall be the current steel index and the de­ ment hereby gives its authorization and con­ cer; evidence offered shall -be such as nominator of which shall be the base steel sent (without prejudice to its rights of in­ index; and (iii) the amount equal to —— demnification, if such rights are provided for would be admissible under generally ac­ percent of the original contract unit price in this contract).for all use and manufac­ cepted rules of evidence applied in the (representing that portion of such unit price ture, in the performance of this contract or courts of the United States in non-jury which relates neither to the cost of labor any part hereof or any amendment hereto or trials. Part 2, as revised, reads as fol­ nor to the cost of steel and which is there­ any subcontract hereunder (including any fore not subject to revision); provided, how­ lower-tier subcontract), of any patented in­ lows: ever, th at any revised contract unit price vention (i) embodied in the structure or § 30.1 Appendix A—Armed Services made pursuant to the provisions of this composition of any article the delivery of clause shall in no event exceed 110 percent which is accepted by the Government under Board of Contract Appeals; charter and of the original contract unit price. All com­ this contract, or (ii) utilized in the ma­ rules. putations shall be made to the nearest one- chinery, tools, or methods the use of which • « * * * hundredth of one cent. necessarily results from compliance by the Part 2—Rules Contractor or the using subcontractor with SUBPART B----CLAUSES FOR COST-REIMBURSE­ (a) specifications or written provisions now PREFACE TO RULES MENT TYPE SUPPLY CONTRACTS or hereafter forming a part of this contract, The Armed Services Board of Contract A perfecting amendment has been or (b) specific written instructions given by Appeals is the authorized representative o the Contracting Officer directing the manner the Secretaries of the Army, Navy, and au made to the contract clause set forth in of performance. The Contractor’s entire F orce in hearing, considering and deter­ § 7.203-11 and as Clause 11, in DD Form liability to the Government for patent in­ mining as fully and finally as might each o 748.1 Appropriate alterations should be fringement shall be determined solely by the the Secretaries: . . . . . made when the form is used. Section provisions of the indemnity clause, if any, (a) Appeals by contractors from decision 7.203-11, as amended, reads as follows: included in the contract and the Government on disputed questions by contracting om assumes liability for all other infringement or their authorized representatives or § 7.203-11 Excusable delays. The to the extent of the authorization and con­ other authorities pursuant to the Pr°v'fi°hfi Contractor shall not be in default by sent hereinabove granted. of Armed Services contracts requiring . reason of any failure in performance of (Sec. 1, 54 Stat. 712, as amended, sec. 201, determination of appeals by the this contract, in accordance with its Department of the Armed Services or by 55 Stat. 839, 62 Stat. 20, sec. 638, 66 Stat. 637; duly authorized representative or board, terms (including any failure by the Con- 50 U. S. C. App. 1171, 611,41 U. S. C. 162. E. O. pursuant to the provisions ^ 9001, 6 F. R. 6787, as amended, E. O. 9296, whereby the Secretary of a Department 1 Filed as part of original document. 8 F. R. 1429; 3 CFR 1943 Cum. Supp.) Wednesday, November 23, 1955 FEDERAL REGISTER 8635 the Armed Services has granted a right of pertinent to the appeal, including the appeal not contained In the contract; following: rangements for inspection of the file should (b) Appeals by Armed Services contractors be made with the Recorder of the Board. ( 1 ) The findings of fact and the decision 8. Amendments of pleadings. ^At any time pursuant to section 13 (c) ( 1) (1) and sec­ from which the appeal is taken, and the letter tion 17 (c) of the Contract Settlement Act before oral hearing or before submission of 1 of 1944. . . ' or letters or other documents of claim to a case by the parties without an oral hear­ response to which the decision was issued; ing the Board in its discretion may permit a When an appeal Is taken pursuant to a (2) The contract and pertinent plans, party, within the proper scope of the appeal, disputes clause in a contract which pro- specifications, amendments, and change orders; to amend its complaint or answer, upon con­ I vides only for appeals from decisions on ditions Just to both parties. The Board upon questions of fact, the Board may in its dis­ (3) Correspondence between the parties its own initiative or upon application by a cretion hear, consider and decide all ques­ and other data pertinent to the appeal; party may in its discretion order a party to tions of law necessary for the complete (4) Transcripts of any testimony taken make a more definite statement of its com­ adjudication of the issue. Unless the con­ during the course of the proceedings on the plaint or answer, or to reply to an answer. tract provides otherwise, when in the con­ matter in dispute prior to the filing of the notice of appeal with this Board; When Issues within the proper scope of the sideration of an appeal it appears that a appeal but not raised by the complaint and claim for unliquidated damages is involved (5) Such additional information as the answer are tried by express or implied con­ therein, the Board, insofar as the evidence contracting officer may consider material. sent of the parties, they shall be treated in permits, makes findings of fact with respect When the Board has received the original all respects as if they had been raised there­ to such claims without expressing opinion notice of appeal the Board will promptly in. Such amendment of the complaint and on questions of liability. so advise the contractor and the contracting answer as may be necessary to cause them When a contract requires the Secretary officer, and will forward to the contractor to conform to the evidence may be made of a Department of the Armed Services per­ a copy of these rules. upon motion at any time, even after deci­ sonally to render a decision on the matter 5. Complaint. Within 30 days after re­ sion, but failure so to amend does not affect in dispute, the Board submits its findings ceipt of notice of docketing by the Board the result of the trial of these issues. If evi­ and recommendations to the Secretary of of the appeal, or within such longer period dence is objected to at the hearing on the the Department. of time as may be allowed by the Board, the ground that it is not within the issues made There are three panels of the Board: the appellant shall file with the Board, if not by the complaint and answer, the hearing Army, Navy, and Air Force panels. In gen­ previously filed with the notice of appeal, a member or examiner may allow the pleadings eral, appeals are assigned for decision to complaint setting forth simple, concise and to be amended within the proper scope of the panel of the Department whose con­ direct statements of each of his claizhs show­ the appeal and shall do so freely when the tract or procurement is directly involved. ing that he is entitled to relief. Each claim presentation of the merits of the action will Each of the panels acts in divisions, which shall be stated with as much particularity be served thereby and the objecting party normally consist of three or more members as is practical. No technical form is re­ fails to satisfy the hearing member or ex­ of the panel. Hearings may be held by quired, but each claim should be separately aminer that the admission of such evidence a division, by a designated member, or by identified. Documentary evidence in sup­ would prejudice him in maintaining his a duly authorized examiner. The decision port of claims may be filed as exhibits to case or defense upon the merits. The hear­ of a majority of a division constitutes the the complaint. All documents filed as ex­ ing member or examiner may, however, grant decision of the paiiel and of the Board, pro­ hibits to the complaint shall be plainly a continuance to enable the objecting party vided that all three panel chairman signify listed and identified in the complaint. An to meet such evidence. that in their opinion a review by the full original and three copies of the complaint 9. Trial "briefs. The Board in its discre­ Board is not required. If a majority of th e - shall be filed. Upon receipt thereof the Re­ tion may order the submission of trial briefs members of a division do not agree upon corder of the Board shall serve a copy of the prior to assignment of a case for oral hearing. a decision, or if one or more panel chairmen complaint on counsel for the Government. 10. Motions to dismiss. Defenses which go do not waive review by the full Board, dé­ 6. Answer. Within 60 days after service of to the jurisdiction of the Board may be raised termination of the appeal is made by a the complaint, or within such longer period by motion. Filing of motions to rfigmigo majority of the members of the full Board. of time as may be allowed by the Board, for lack of Jurisdiction shall not be unreason­ SCOPE OF RULES counsel for the Government shall prepare ably delayed. The Board, however, has the and file with the Board an answer thereto. right at any time to recognize its lack of 1. General. These rules govern the pro­ The answer shall set forth simple, concise authority to proceed in a particular case. cedure in all cases before the Board. They and direct statements of the Government’s * Motions to dismiss for lack of jurisdiction shall be construed for the purpose of se­ defenses to each claim asserted by appellant. shall, on application of either party, be heard curing just and Inexpensive determination Bach defense shall be stated with as much and determined before oral hearing on the or appeals without unnecessary delay. All particularity as is practical. Defenses which merits unless the Board orders that deter­ pleadings provided for hereunder shall be go to the Jurisdiction of the Board may be mination of the motion be deferred pending so construed as to do substantial Justice. included in the answer, or may be raised oral hearing on both the merits and the PROCEEDINGS PRELIMINARY TO HEARINGS by motion pursuant to the provisions of motion. Rule 10. Counsel for the Government shall 11. Failure to statd a case. In the event, 2. Appeals, how taken. Notice of an ap- at the same time file with the Board the after completion of the pleadings, the Board be in writing, and the original, following documents, which shall be plainly finds that appellant has failed to state a together with two copies, may be filed with* listed and identified: • case on which any relief eould be granted ne contracting officer from whose decision (1) The findings of fact if any and the by the Board, the Board may give notice tne appeal is taken. The notice of appeal decision from which the appeal is taken, and to appellant to show cause why the appeal ™ust be mailed or otherwise filed within the letter or letters or documents of claim should not be dismissed on the ground that tne time specified therefor in the contract in response to which the decision was issued no useful purpose would be served by setting ««towed by applicable provision of direc­ tive or law. by the contracting officer; the case for oral hearing on the merits. (2) The contract and pertinent plans, Appellant, in such event, will be afforded 3. Notice of appeal, contents of. A notice specifications, amendments, and change the opportunity to be heard orally for the 1« should indicate that an appeal orders. purpose of showing cause why the appeal tho intended* and should identify Documentary evidence in support of the should not be dismissed on th at ground, anrt „ontract (by number), the department and if appellant so desires to move to amend mit0agency or bureau cognizant of the dis- Government’s defenses may be filed as ex­ the complaint, within the proper scope of non) \ a“d the decision from which the ap- hibits to the answer. • All documents filed as the appeal. If the Board thereafter finds be taken. The notice of appeal should exhibits to the answer shall be plainly listed appellant has failed to show cause, and finds Personally by the appellant (the and identified in the answer. An original that the complaint, with such amendments cer nf + ï* taklng the appeal), or by an offl- and three copies of the answer shall be filed as may be offered by appellant, fails to state of th lthe appellant corporation or member with the Board. Upon receipt thereof the a case on which the Board could grant re­ Recorder shaU serve a copy of the answer on duiv firm» or by the contractor’s appellant or his attorney. lief, the appeal shall be dismissed. y authorized representative Or attorney. 12. Depositions. '■ Depositions which a be fii^mplaint referred to in Rule 5 may 7. Appeal file; inspection of file. The no­ ce filed with the notice of appeal. party desires to take for the purpose of tice of appeal, the complaint and exhibits offering in evidence shall be taken in ac­ notice °f Contracting officer. When a attached thereto, the answer and exhibits cordance wi£h the procedure set forth in ceiveri kÎ aJ?peal 111 any form has been re- attached thereto and the documents required the Appendix to Rules. endorsAth® contracting officer, he shall to be filed therewith pursuant to Rule 6, all 13. -Interrogatories to parties; inspection date nr thefeon the date of mailing or the papers filed by the parties with the Board of documents; admission of facts. Under t o 'iiX S R 1* otherwlse filed and within pursuant to these rules, and all correspond­ appropriate circumstances, but not as a mat­ and th Slla11 forward the notice of appeal, ence exchanged between the Board and the ter of course, the Board will entertain ap­ Board -£ >mplai?lt lf filed therewith, to the parties or their attorneys shall constitute the plications for permission to serve written th'erAoV contracting officer shall promptly appeal file, which shall be available for in­ Interrogatories upon the opposing party, S compile and transmit to counsel spection by appellant and Government coun­ applications for an order to produce and permit the inspection of designated docu­ Government copies of all documents sel at the offices of the Board. Prior ar­ No. 228------3 ments, and applications for permission to RULES AND REGULATIONS 8636 with the Board, and notice thereof will be serve upon the opposing party a request of the United States in nonjury trials, sub­ ject, however, to the exercise of reasonable given appellant or his attorney in the form for the admission of specified facts. Such specified by the Board from time to time. applications*shall be received and approved discretion by the presiding member or ex­ aminer in supervising the extent and manner Government counsel may, when it appears only to the extent and upon such terms to them that there are questions of fact as as the Board in its discretion considers to of presentation of such evidence. Letters or copies thereof, affidavits, or other evidence, to which there is no substantial controversy, be consistent with the objective of securing agree with appellant or his attorney as to Just and Inexpensive determination of ap­ not ordinarily admissible under the gener­ ally accepted rules of evidence, may be re­ such facts by written stipulation or other­ peals without unnecessary delay, and essen­ wise. Whenever at any time it appears that tial to the proper pursuit of that objective ceived in evidence at the discretion of the presiding member or examiner. The weight appellant and Government counsel are in in the particular case. agreement as to disposition of the contro­ 14. Prehearing conferences. In any caseto be attached to evidence presented in any particular form will be determined by the versy, the Board may suspend further proc­ the Board in its discretion, upon its own essing of the appeal in order to permit re­ initiative' or upon the application of one Board in the exercise of reasonable discretion under all the circumstances of the particular consideration by-'the contracting officer; of the parties, may call upon the parties provided, however, that if the Board is ad­ or their attorneys or representatives to ap­ case. Stipulations of fact agreed upon by the parties may be regarded and used in vised thereafter by either party that the pear before a member or examiner of the controversy has not been disposed of by Board for a conference to consider: evidence at the hearing. The parties may stipulate the testimony that would be given agreement the case shall be restored to the (1) The simplification of the issues; Board’s calendar for hearing without loss (2) The necessity or desirability of amend­ by a witness if the witness were present. The Board may, however, in any case, require of position. ments to the pleadings; DECISIONS (3) The possibility of obtaining admis­ additional evidence. sions of fact and of documents which will 21. Examination of witnesses. Witnesses 28. Decisions of the Board will be made avoid unnecessary proof; before the Board will-be examined orally in writing and authenticated copies thereof (4) The limitation of the number of expert under oath or affirmation, unless the facts will be forwarded simultaneously to both witnesses; are stipulated or the Board member or ex­ parties. The rules of the Board and all final (5) Such other matters as may aid in the aminer shall otherwise order. If the testi­ orders and decisions (except those required disposition of the appeal. mony of a witness is not given under oath for good cause to be held confidential and the Board may, if it seems expedient, warn not cited as precedents) shall be available to The presiding member or examiner, at the the witness that his statements may be sub­ public inspection at the offices of the Board conclusion of such a conference, shall make ject to the provisions of Title 18, U. S. C., in Washington, D. C. such order as in his discretion is found to secs 287, 1001; sec. 19 of the Contract Settle­ be appropriate with reference to action taken ment Act of 1944 (41 U. S. C. sec. 119), and MOTIONS FOR RECONSIDERATION at the conference, amendments allowed or any other provisions of law imposing penal­ 29. A motion for reconsideration, if filed to be made to the pleadings, agreements ties for knowingly making false representa­ by either party, shall set forth specifically made by the parties as to any of the matters tions in connection with claims against the the ground or grounds relied upon to sustain considered, and. limitation of issues for trial. United States or in any matter within the the motion, and shall be filed within 30 days IS. Service of papers. Service of papersjurisdiction of any department or agency from the date of the receipt of a copy of in all proceedings pending before the Board thereof. the decision of the Board by the party filing may be made personally, or by mailing the 22. Copies of papers. When books, records, the motion. same in a sealed envelope, registered, return papers, or documents have been received in DEFINITIONS receipt requested, with postage prepaid, ad­ evidence, a true copy thereof or of such part dressed to the party upon whom service shall thereof as may be material or relevant may 30. (a) As used in these rules the term be made, and the date of the registry receipt be substituted therefor, during the hearing “contracting officer” includés any officer or shall be the date of service. Waiver of the or at the conclusion thereof. other authority whose decision may be re­ service of any papers may be noted thereon 23. Briefs. All briefs shall be filed within viewed by the Board pursuant to the joint or on a copy thereof, or on a separate paper, 20 days after conclusion of the hearing, or directive of the Secretaries of the Army, signed by the parties or their attorneys and within such other period of time as may Navy, and Air Force effective 1 May 1949. filed with the Board. When any party has be allowed by the Board. (b) As used in these rules the term appeared by attorney, service upon the at­ 24. Transcript of proceedings. Testimony “Board” means the full Board, president of torney- will be deemed proper service upon and argument at hearings shall be reported the Board, panel, chairman of a panel, mem­ such party. verbatim, unless the Board otherwise orders. ber, or examiner, as may be appropriate, HEARINGS Transcripts of the proceedings shall be sup­ except that in Rule 11 the term “Board” plied to the parties at such rates as may be refers to action of the Board by written de­ 16. Where held. Hearings will be held at cision in accordance with the procedures the office of the Board in Washington, D. O. fixed by contract between the Board and the unless it is otherwise ordered by the Board. reporter. If the proceedings are reported by set forth in the Board’s charter. Hearings will not ordinarily be held else­ an employee of the Government, the ap­ e ff e c t iv e date and applicability where, but if a request therefor is seasonably pellant may receive transcripts upon pay­ ment to the Government at the same rates 31. These rules shall take effect on the first made and good cause therefor appears, the day of the second month following the month Board may order a hearing to be held at as those set by contract between the Board and the independent reporter. <*in which they are approved by the cognizant another location. Assistant Secretaries of the Department of 17. notice of hearings. Appellant and 25. Withdrawal of exhibits. After a de­ cision has become final the Board may, upon- ’ the Army, Department of the Navy and the Government counsel shall be given at least Department of the Air Force. Except as 15 days’ notice of the time and place of request and after notice to the other party, in its discretion permit the withdrawal of otherwise directed by the Board, these ru es hearing. shall not apply to appeals which have been 18. Submission without a hearing. If original exhibits, or any part thereof, by the party entitled thereto. The substitution of docketed prior to their effective date. either party does not wish to appear or be Approved this 30th day of June 1955. represented at a hearing, the Board shall be true copies of exhibits or any part thereof so advised. A party who so advises the may be required by the Board in its discre­ F. H. Hig g in s, Board may submit a brief within 20 days tion as a condition of granting permission Assistant Secretary of after the date assigned for the hearing, or for such withdrawal. the Army (L & R & D) ■ within such other period of time as may be REPRESENTATION R . H. F ogler, allowed by the Board. If both parties ad­ Assistant Secretary of vise the Board that an oral hearing is not 26. The contractor. An individual appel­ the Navy (Material). desired, briefs may be submitted by the lant may appear before the Board in person, parties within such period of time as may a corporation by an officer thereof, a part­ R oger L ew 18’ be allowed by the Board. nership or joint venture by a member there­ Assistant Secretary of 19. Absence of parties or counsel. The un­ of, or by an attorney at law duly licensed in the Air Force (Materiel). any State, Commonwealth, Territory, or in excused absence of a party or his authorized ' Ap pen d ix to R u le s representative at the time and place set for the District of Columbia. The Board may the hearing will not be the occasion for authorize a contractor to appear by a duly depositions authorized representative other than those- delay. In such event the hearing will pro­ 1. When depositions may be taken. After mentioned in a special case, but for • the ceed and the case will be regarded as sub­ an appeal has been docketed by tL eB o mitted by the absent party. purposes of that case only. 27. Status of Government counsel. Gov­ either party may take the 20. Nature of hearings. Hearings shall be any person by deposition upon oral as informal as may be reasonably allowable ernment counsel designated by the various nation or written interrogatories for us and appropriate under all the circumstances. departments to represent the departments, agencies, and bureaus cognizant of the dis­ evidence in the appeal proceedings. Appellant and Government counsel may offer 2. Before whom taken. Depositions putes brought before the Board may in ac­ at a iiearing on the merits such relevant offered in evidence before the Boardta y cordance with their authority-represent the evidence as they deem appropriate and as taken before and authenticated by y ^ interests of the Government before the would be admissible under the generally ac­ son authorized by th e laws o f th e cepted rules of evidence applied in the courts Board. They shall file notices of appearance Wednesday, November 23, 1955 FEDERAL REGISTER 8637 States, or by the laws of the place where the deposition is taken, to administer oaths. lines and at primary streets and high­ duration of such veteran’s institutional 3. Written interrogatories, (a) A party ways by the posting of signs indicating on-farm training reduced by 8 months. desiring to take the deposition of any person radar control, when marked “Speed The provisions of this subdivision are ef­ upon written interrogatories shall serve checked by radar.” fective October I, 1955, but for the pur­ them upon the opposite party with a notice (Sec. 6, 30 Stat. 571, sec. 39 Stat. 535, stating the name and address of the person pose of computing education and train­ who is to answer them and the name or as amended; 8 D. C. Code 143, 16 U. S. C. 3) ing allowance to be paid to those vet­ descriptive title and address of the person Issued this 15th day of November erans who are pursuing training on that before whom the depositioh is to be taken. 1955. date or who reenter training after that Within 15 days thereafter the party so served C larence A. D avis, date, these provisions shall be deemed may serve cross interrogatories upon the to have been in effect since July 16,1952. party proposing to take the deposition. Acting Secretary of the Interior. (b) A copy of the notice and copies of ***** IF. R. Doc. 55-9399; Filed, Nov. 22, 1955; 9 all interrogatories served shall be delivered 8:49 a. m.] (Sec. 2, 46 Stat. 1016, sec. 7, 48 Stat. , sec. 2, by the party taking the deposition to the 57 Stat. 43, as amended, sec. 400, 58 Stat’ person designated in the notice who should 287, as amended; 38 U. S. C. 11a, 701 707* proceed promptly to take the testimony of ch. 12A. Interpret or apply secs. 3, 4, 57 the witness in response to the interrogatories. TITLE 33— NAVIGATION AND Stat. 43, as amended, secs. 300, 1500-1504 4. Oral interrogatories. When either party NAVIGABLE WATERS • Stat' 286, 300> 85 amended, sec! desires to take the testimony of any person by deposition upon oral examination, unless Chapter I—-Coast Guard, Department s ' c ' 693g' 697' 697'í• the parties stipulate as to the time and place of the Treasury This - regulation is effective November where the deposition Is to be taken and the 23, 1955. name of the person before whom it is to be P art 19—W aivers op Navigation and taken and the name and address of the Ve sse l I nspection L aws and R egu­ [sea l! J . c . P almer, witness, such party shall give the opposite lations Assistant Deputy Administrator. party at least 15 days written notice of the time and place where such deposition will PERMITS FOR COMMERCIAL VESSELS HAN­ [F. R. Doc. 55-9397; Filed, Nov. 22, 1955* be taken and the name and address and DLING EXPLOSIVES AT MILITARY INSTALLA­ 8:49 a. m.] official title of the person before whom it TIONS is proposed to take the deposition, and the name and address of the witness. C ross R eferen ce: For promulgation TITLE 46— SHIPPING 5. ''Form and return of deposition. Each of § 19.15, see Title 46, Chapter I, Part deposition should show the docket number 154, infra. Chapter I— Coast Guard, Department and the caption of the proceedings, the place of the Treasury > and date of taking, the name of the witness, and the names of all persons present. The TITLE 38— PENSIONS, BONUSES, Subchapter O— Regulations Applicable To persons taking the deposition shall certify Certain Vessels During Emergency on the deposition that the witness was duly AND VETERANS’ RELIEF sworn by him and that the deposition Is a [CGFR 55-49] true record of the testimony given by the Chapter I— Veterans Administration P a r t 154—W a iv e r s o f N a v ig a t io n and witness, and shall enclose the original depo­ P art 21—V ocational R ehabilitation V e s s e l I n s p e c t io n L a w s and R e g u l a ­ sition and exhibits in a sealed packet with t io n s 1 M postage and other transportation prepaid and E ducation and forward same to the Recorder, Armed rates o f education and training allow­ PERMITS FOR COMMERCIAL VESSELS HAN­ Services Board of Contract Appeals. ances; institutional on- farm train­ DLING EXPLOSIVES AT MILITARY INSTALLA­ 6. Introduction in evidence. Either party TIONS to the appeal may offer depositions in evi­ ing dence. The entire deposition must be of­ In § 21.2052, paragraph (d) (1) is The Secretary of Defense in a letter fered unless otherwise stipulated by the par­ amended to read as follows: « dated October 19, 1955, to the Secretary ties or directed by the Board. of the Treasury requested a general (R. S. 161; 5 U. S. C. 22) § 21.2052 Rates of education and waiver of quantitative restrictions for training allowances. * * * commercial vessels loading explosives at T ' P . P i k e , (d) Institutional on-farm training. the Department of Defense waterfront Assistant Secretary of De­ <1) The education and training allow­ installations. Section 1 of the act of fense (Supply and Logistics).. ance of an eligible veteran pursuing in­ December 27, 1950 (64 Stat. 1120; 46 No v em ber 1 7 ,1 9 5 5 . stitutional on-farm training shall be U. S. C., note preceding 1), states in part computed at the rate of $95 per month, as follows: [P- R. Doc. 55-9396; Filed, Nov. 22, 1955; if he has no dependent, or $110 per 8:48 a. m.J That the head of each department or month, if he has one dependent, or $130 agency responsible for the administration of per month, if he has more than one de­ the navigation and vessel-inspection laws is pendent, except that: directed to waive compliance with such laws TITLE 36— PARKS, FORESTS, AND (i) Prior to October 1, 1955, his edu­ upon the request of the Secretary of De­ MEMORIALS cation and training allowance shall be fense to the extent deemed necessary in the reduced at the end of each 4-month pe­ interest of national defense by the Secretary Chapter I— National Park Service, riod as his program progresses by an of Defense. * * * Department of the Interior amount which bears the same ratio to Accordingly, the request of the Secre­ $65 per month, if the veteran has no tary of Defense for a waiver order is P art 3—N a tio n a l C a p it a l P a r k s dependent, or $80 per month if he has R e g u l a t io n s granted. The purpose for this waiver one dependent, or $100 per month, if he order designated § 154.15, as well as 33 CHECKING o n s p e e d b y u s e o f e l e c t r o n ic has more than one dependent as 4 CFR 19.15, is to waive the navigation and DEVICE months bears to his originally approved vessel inspection laws and regulations certified period of enrollment in the issued pursuant thereto which are ad­ Darfii V s amended by adding a new course under this law (except as modi­ ministered by the United States Coast follows** ^ ^ reading as fied in subparagraph (2) of this para­ graph) . Guard to the extent that no quantitative restrictions, based on considerations of i J S } Checking on speed by use of elec- November 15,1955, to May 15,1956. § 154.15 Permits for commercial ves­ field intensity measurement of spurious (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. sels handling explosives at military in­ radiation, based on a correlation test 154. Interprets or applies secs. 301, 303, 48 stallations. Pursuant to the request of program involving measurements of a Stat. 1081, 1082; 47 U. S. C. 301, 303) the Secretary of Defense in a letter dated given transmitter by y&rious manufac­ Adopted: November 16, 1955. October 19, 1955, made under the pro­ turers and by the Commission’s labora­ visions of section 1 of the act of Decem­ tory. The Commission agreed that Released: November 17, 1955. ber 27, 1950 (64 Stat. 1120: 46 U. S, C., further development of measurement F ederal Communications note prec. Í ) , I hereby waive in the in­ techniques in this area was needed and terest of national defense compliance Co m m issio n , that the proposed test program offered [ seal] M ary J ane M o rr is, with the provisions of R. S. 4472, as promise of providing a generally accept­ Secretary. amended (46 U. S. C. 170), and the regu­ able measurement technique within a lations promulgated thereunder in Part relatively short time. Accordingly, the [P. R. Doc. 55-9406; E*iled, Nov. 22, 1955; 146 of this chapter to the extent that requirement (§ 2.524 (d) (2)) for field 8:50 a. m.] no quantitative restrictions, based on intensity measurements of spurious considerations of isolation and remote­ omissions was made to become effective ness, shall be required by the Coast on and after November 15,1955. In the Guard for commercial vessels loading or meantime, since May 16, 1955, the re­ [Docket No. 11181; FCC 55-1138] unloading explosives at the Department mainder of the type acceptance require­ [Rules Arndt. 3-1] of Defense waterfront installations. ments in Part 2 have been effective, P art 3-—R adio B roadcast S ervices This waiver shall not relieve a commer­ including the requirement for measure­ cial vessel loading or unloading explo­ ments of spurious omissions by radio fre­ TELEVISION BROADCAST STATIONS; ORDER sives at the Department of Defense quency voltage measuresments at the EXTENDING effec tiv e date waterfront installations from the re­ output terminals of the equipment quirement of securing a permit from the At a session of the Federal Communi­ (§ 2.524 (d) (D). cations Commission held in its offices in Coast Guafri for such operations with 3. In support of their request, the peti­ respect to quantitative or other restric­ Washington, D. C., on the 16th day of tioners state that the industry test pro­ November 1955; tions imposed by the Coast Guard on the gram for development of techniques for basis of each vessel’s ability to meet The Commission has before it for con­ field intensity measurement of spurious sideration its report and order (FCC 55- prescribed stowage and handling re­ omission has been carried out energeti­ quirements. 802), issued in the above-entitled pro­ cally but, to date, the refinement of tech­ ceeding on July 22, 1955, amending (64 Stat. 1120; 46 U. S. C., note prec. 1) niques necessary to provide meaningful § 3.614 (b) of its rules relating to an- information in type acceptance applica­ Dated; November 16,1955. tena height and power requirements for tions has not been achieved. It is stated VHF television stations in Zone I. [ s e a l ! J. A. H ir s h f i e l d , that the correlation test measurements The amendment was originally sched­ Rear Admiral, U. S. Coast Guard, carried out on a single transmitter show uled to become effective on August 31, Acting Commandant. an average spread of 12 -percent of the 1955. However, on September 1, 1955, [P. R. Doc. 55-9400; Piled, Nov. 22, 1955; decibel value. The petitioners consider the Commission issued an order extend­ -8:49 a. m.] this spread excessive and desire to carry ing the effective date to October 1, 1955, out additional tests and to evaluate a pointing out that several petitions had new measurement technique which has been filed with the Conmiission for re­ TITLE 47— TELECOMMUNI­ been proposed to them; Petitioners esti­ consideration of its action in this pro­ CATION mate that a total of six months may be ceeding and requesting that the effec­ required for completion of their contem­ tiveness of the amendment be stayed Chapter I— Federal Communications plated additional work. pending such reconsideration. It was Commission 4. It appears from the information noted, also, that several requests had presented by the petitioners that addi­ of [Docket No. 10798; PCO 55-1131] been submitted seeking postponement tional time is needed for the development the effective date of the amendment un­ [Rules Arndt. 2-10] of a satisfactory technique for field in­ til the present studies of the Air Coordi­ tensity measurement of spurious omis­ P a r t 2—F r e q u e n c y A l l o c a t io n s and nating Committee on the subject of tall sions. Consequently, a postponement of R a d io T r e a t y M a t t e r s ; G e n e r a l towers are completed. Oppositions to the effective date of § 2.524 (d) (2) for R u l e s and R e g u l a t io n s the various petitions for reconsideration an additional six months is considered and requests for stay have also been ESTABLISHING A PROGRAM FOR CERTIFICA­ warranted and is being adopted herein. filed. On September 28, 1955, the Com­ TION OF EQUIPMENT ACCEPTABLE FOR 5. Since the amendment in question mission further extended the effective LICENSING relates solely to a change in the effective date to November 1, 1955; and on Oc­ 1. The Commission has under consid­ date of a provision of the rules which tober 21, 1955, further extended the eration a petition filed by the Radio- would otherwise become effective as of effective date to December 1, 1955. Electronics-Television Manufacturers November 15, 1955, notice of proposed Additional time will be necessary tor Association (RETMA) for amendment of rule making pursuant to section 4 (a) of the Commission to consider the above § 2.524 (d) (2), formerly designated the Administrative Procedure Act would requests. Accordingly, the Commissio § 2.523 (b) (4) (iv) (b), of its rules so be both impracticable and contrary to believes th a t th e public in terest wouia as to change the effective date specified the public interest. Moreover, since the be served by further staying the effec­ effect of the amendment is to relieve for tiveness of the amendment. , therein from November 15, 1955, to May In view of the foregoing: It is ordere , 15, 1956. This paragraph of the rules a six month period a restriction other­ requires field intensity measurements of wise imposed upon persons seeking type That the effective date of the amena- Wednesday, Novem ber 23, 1955 FEDERAL REGISTER 8639 ment of the Commission’s rules and A. Part 7 is amended £s follows: regulations adopted by its report and At a session of the Federal Communi­ 1. In the table of § 7.306 (a) (1) delete cations Commission held in its offices at order issued July 22, 1955, in this pro­ the coast station receiving carrier fre­ ceeding, is extended to January 9, 1956. Washington, D. C., on the 16th day of quency 4402.5 kc for the Hawaiian November 1955; (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. Islands and substitute therefor the fre­ The Commission having under consid­ 154. Interprets or applies sec. 303, 48 Stat. quency 4115.3 kc. 1082, as amended; 47 U. S. C. 303 J~ eration the above-captioned matter; 2. In § 7.306 (b ), that portion of the It appearing that in accordance with Released: November 17, 1955. frequency table dealing with Kahuku, the requirements o f section 4 (a) of the T. H., is amended to read as follows: F ed era l C ommunications Administrative Procedure Act, notice of C o m m is s io n , proposed rule making in this matter Kahuku, T. H , 2530 None__ 2134 None. which made provision for the submission [ s e a l ] M a r y J a n e M o r r is , 4420.7 None___ 4115.3 None. Secretary. of written comments by interested parties was duly published in the F e d e r a l R e g i s ­ [P. R. Doc. 55-9407; Piled, Nov. 22, 1955; B. Part 3 is amended as follows: t e r on September 28,1955 (20 F . R . 7230) 8:50 a. m.j 1. In the table in § 8.351 (a) delete the and the period for filing comments has frequency 4402.5 kc. now expired; and 2. In § 8.354 (a) (1), that portion of It further appearing that no comments [Docket No. 10377; FCO 55-1129] the frequency table dealing with Kahu­ were received with respect to the pro­ ku, T. H., is amended to read as follows: posal; and It further appearing that the public P art 7—S t a t io n s o n L and i n t h e Kahuku, T. H _ 2134 None__ 2530 interest, convenience and necessity will M a r it im e S e r v ic e s 4115.3 None___ 4420.7 None. be served by the amendments herein ordered, the authority for which is con­ Part 8 ______tained in sections 303 (e) (f) and (r) of M aritim e S ervices [F. R. Doc. 55-9408; Filed, Nov. 22, 1955; 8:50 a.m .] the Communications Act of 1934, as MISCELLANEOUS AMENDMENTS amended; It is ordered, That effective February In the matter of amendment of Parts 16, 1956 Part .14 of the Commission’s 7 and 8 of the Commission’s rules to rules is amended as set forth below. delete authority for operation by coast [Docket No. 11502;.FCC 55-1130] stations, ship stations and aircraft sta­ [Rules Arndt. 14-3] (Sec. 4, 48 Stat. 1066, as amended; 4T U. S. C. tions on currently assignable frequencies 154. Interprets or applies sec. 303, 48 Stat P a r t 14—P u b l ic F i x e d S t a t io n s and 1082, as amended; 47 U. S. O. 303) for telephony in the band 4000 kc to 18000 kc; and to include authority for S t a t io n s o p t h e M a r it im e S e r v ic e s in Released: November 17, 1955. A l a sk a operation of such stations on other fre­ F e d er a l C ommunications quencies for telephony within the same AUTHORIZED EM ISSION OF COAST STATIONS C o m m is s io n , band. y USING TELEGRAPHY IN CERTAIN BANDS [ s e a l ] M a r y J a n e M o r r is , At a session of the Federal Commu­ In the matter of amendment of Part Secretary. nications Commission held at its offices 14 of the Commission’s rules regarding in Washington, D. C., on the 16th day A. Part 14 is amended as follows: of November 1955; authorized emission of coast stations us­ 1. The table in § 14.152 (b) is amended ing telegraphy in the band 415-490 kc. The Commission having under con­ to read: sideration that portion of its proposal Class of station in the above-entitled matter embodied Frequency range Class of emission m the sixth further notice of proposed Fixed..__ ___ rule making which relates to the avail­ From 50 to 200 kc and on 1666 kc A -l, and for brief testing A-o. (From 1605 to 1800 ke (except 1666 kc) ability of the frequency 4115.3 kc and Fixed______From 2000 to 2035 k c .... the deletion of the frequency 4402.5 kc Aonlyld i0F brief testing A'°> A-2 03148 Jan- !» 1957, m the vicinity of Kahuku, T. H.; C oast...__.... From 2107 to 3400 kc...... ” ...... From 5000 to 0000 kc___ A A ® “4 *>r brief testing A-0. A-2, A-2a, A-2b for It appearing that in accordance with Drief testing and distress, urgency and safety signals the requirements of section 4 (a) of the From 415 to 490 kc...... SlguâlS«or any communication preceded by one of these Administrative Procedure Act, notice of Coast..______From 490 to 515 kc...... Proposed rule making in this matter Ship_____ ;___ From 405 to 515 kc . . ■f- l> A-28» A-2t>, and for brief testing A-0. (From 1605 to 1800 kc...... ■“•-1» A-2, A-2a, A-2b and for brief testing A-0. which made provision for the submis­ Coast and ship From 2000 to 2035 kc...... sion of written comments by interested A -l,and for brief testing A-0; A-2 until Jan. 1, 1957, Parties, was duly published in the F ed­ Coast and ship From 2107 to 3400 kc...... A -l, and for brief testing A-0. eral R egister on September 7, 1955 (20 Coast and ship. From 5000 tò 9000 kc___ From 2035 to 2107 k c .. . F -l, F-2, and for brief testing F-0. R -6564) and the period for filing com- On 156.4, 156.5,156.7 and 156.9 M e " ’ oients has now expired; and [F; R. Doc. 55-9409; Filed, Nov. 22, 1955; 8:50 a. m.] It further appearing that no com­ ments were received with respect to the Proposal; and TITLE 49-—TRANSPORTATION by motor carriers to become effective i_2 fu/ther appearing that the public December 1,1955; Chapter I— Interstate Commerce jnierest, convenience and necessity will And it further appearing that nu­ serYed by the amendments herein Commission merous requests have been received rf?er®d> the authority for which is con­ Subchapter B— Carriers by Motor Vehicle representing that the advancement of tained in the original notice of proposed rule making in this docket; [Ex Parte No. MC-43] * the effective date of the amended rules and regulations prescribed by the order VhjHc?rdered* That> effective December P a r t 207—L e a s e and I n t e r c h a n g e o f V e h ic l e s of October 6, 1955, may result in hard­ sirin’«?55,1Parts 7 and 8 of the Commis- ship to persons subject thereto; and good below rUl6S arG amended as set forth a u g m e n t in g e q u ip m e n t cause appearing therefor: At a general session of the Interstate It is ordered, That the effective date of 154° t’ +8 Stat> 1066> 85 amended; 47 U. S. C. Commercé Commission, held at its office as am i^eipret or applF sec-303*48 Stat. 1082, the order of October 6, 1955, prescribing ^ amended; 47 U. S. C. 303) in Washington, D. C.. on the 15th day of amended § 207.4 (a) (3) and (5) be and November A. D. 1955. Released: November 17,1955. it is hereby postponed from December 1, It appearing that by order of October 1955, to March 1,1956. F e d e r a l C ommunications 6, 1955, in this proceeding, the Commis­ Notice of this order shall be given to C o m m i s s io n , sion prescribed amended § 207.4 (a) (3? [ sea l ] the general public by depositing a copy M a r y J a n e M o r r is , and (5) of the rules and regulations gov­ hereof in the office of the Secretary of Secretary. erning lease and interchange of vehicles the Commission at Washington, D. C.. 8640 RULES AND REGULATIONS and by filing it with the Director of the grapefruit or lemon box set forth as FEDERAL COMMUNICATIONS Division of the Federal Register. standard container number 58 in section COMMISSION 828.83, as amended, of the Agricultural (49 Stat. 546, amended; 49 U. S. C. 304) Code of California. C 47 CFR Part 3 ] By the Commission. (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. [Docket No. 11546; FCC 55-1136] [seal] H arold D. M cC oy, 608c) M echanical R eproductions Secretary. Dated: November 17,1955. NOTICE OF PROPOSED RULE MAKING {F. R. Doc. 55-9386; Filed, Nov. 22, 1955; [seal] S . R . S m ith , 8:47 a. m.] Director, In the matter of Amendment of Fruit and Vegetable Division. §§ 3.188, 3.288, 3.588, and 3.653 of the Commission’s rules and regulations re­ [F. R. Doc. 55-9418; Filed, Nov. 22, 1955; 8:51 a. m.] lating to mechanical reproductions. 1. Notice is hereby given of proposed PROPOSED rule making in the above-entitled matter. 2. The Commission has before it for RULE MAKING consideration a petition filed on Janu­ [ 7 CFR Part 9271 ary 24,1955, by the National Association H andling of M il k in New Y ork M etro­ of Radio and Television Broadcasters DEPARTMENT OF AGRICULTURE politan M il k M arketing Area (NARTB), Washington, D. C., requesting it to amend §§ 3.188 (AM), 3.288 (FM), Agricultural Marketing Service NOTICE OF PROPOSED RULE MAKINp J SUS­ and 3.653 (TV) of its rules and regula­ PENSION OF CERTAIN PRICING PROVISIONS tions to eliminate certain program inter­ [ 7 CFR Part 914 1 OF ORDER ruption occasioned by announcements Navel Oranges G rown in Arizona and Notice is hereby given that, pursuant, that broadcasts consist in whole or in D esignated P art of C alifornia to the applicable provisions of the Agri­ part of one or more mechanical repro­ cultural Marketing Agreement Act of ductions. Present regulations require APPROVAL OF EXPENSES AND FIXING OF RATE 1937, as amended (7 U. S. C. 601 et seq.), such announcements for virtually all OF ASSESSMENT FOR 1955-56 FISCAL consideration is being given to the sus­ mechanically reproduced programs. Pe­ YEAR pension of certain of the provisions of titioner proposes that the following Consideration is being given to the the order, as amended, regulating the wording be substituted for the present following proposals submitted by the handling of milk in the New York metro­ text in each of §§ 3.188, 3.288, and 3.653, Navel Orange Administrative Commit­ politan milk marketing area relating to or, alternatively, that some other amend­ tee, established under Marketing Agree­ the pricing of Class I-A milk so that the ment be designed to effectuate the same ment No. 117, as amended, and Order provisions remaining in effect will result purpose: No. 14, as amended (19 F. R. 2941), reg­ in a Class I-A price of $5.66 for the (a) No mechanically reproduced pro­ ulating the handling of Navel oranges month of December 1955, and a price of gram, whether visual or aural, consisting grown in Arizona and designated part of $5.32 for the months of January and of a speech, news event, news commenta­ California, effective September 22, 1953, February 1956. tor, forum, panel discussion, special under the applicable provisions of the Those provisions proposed to be sus­ event, or any other such program, in Agricultural Marketing Agreement Act pended are as follows: which the element of time is of special of 1937, as amended (7 U. S. C. 601 (1) For the month of December 1955, significance and presentation of which et seq.), as the agency to administer the all provisions of paragraph (a) of would create, either intentionally or terms and provisions thereof: (1) That § 927.40, except the provision “For Class otherwise, the impression or belief on the Secretary of Agriculture find that ex­ I-A milk the price during each month the part of the listening or viewing au­ penses not to exceed $156,832.83 will be shall be” (appearing in the first sentence dience that the event or program being necessarily incurred during the fiscal of paragraph (a)), and the provision broadcast is in fact occurring simultane­ year November 1, 1955, through October “the base price of $5.66” (appearing in ously with the broadcast, shall be broad­ 31, 1956, for the maintenance and func­ subparagraph (2)). cast without an appropriate announce­ tioning of the committee established (2) For the months of January and ment being made at the beginning and under the aforesaid amended marketing February 1956, all provisions of para­ conclusion of the broadcast that it is a agreement and order, and (2) that the graph (a) of § 927.40, except: mechanically reproduced program: Pro­ Secretary of Agriculture fix, as the share (a) The provision “For Class I-A milk vided, however, That each such program of such expenses which each handler who the price during each month shall be a of one minute or less need not be an­ first handles oranges shall pay during price computed, pursuant to "subpara­ nounced as such. the fiscal year in accordance with the graphs (1) through (11) of this para­ (b) The exact form of identifying an­ aforesaid marketing agreement and graph.” (appearing in the first sentence nouncement is not prescribed, but the order, the rate of assessment of $0.0075 of paragraph (a)); language shall be clear and in terms per carton of oranges handled by such (b) The provision “ (2) Multiply the commonly used and understood. Any handler as the first handler thereof dur­ base price of $5.66 by” (appearing in other program mechanically produced or ing such fiscal year. subparagraph (2>); and series of mechanical reproductions need All persons who desire to submit writ­ (c) The provision “0.94” (appearing not be announced as provided in sub­ ten data, views, or arguments in connec­ in subparagraph (ID). section (a), but the licensee shall not tion with the aforesaid proposals should All persons desiring to submit data, attempt affirmatively to create the im­ file the same with the Director, Fruit and views and arguments with respect to pression that any program being broad­ Vegetable Division, Agricultural Market­ the foregoing proposed suspension may cast by mechanical reproduction c o n sists do so toy forwarding four copies thereof ing Service, United States Department of of live talent. postmarked no later than November 26, 3. In support of the proposed amend­ Agriculture, Room 2077, South Building, 1955, to the Hearing Clerk, Room 112, ment, the NARTB urges that the Washington 25, D. C„ not later than the Administration Building, United States presept rules governing mechanical re­ 10th day after the publication of this no­ Department of Agriculture, Washington, productions are outmoded and that the tice in the F ederal R eg ister. All docu­ D. C. great strides which have been made m ments should be filed in quadruplicate. the recording, transcription, broadcast­ Issued at Washington, D. C., this 21st in g and telecasting fields, as well as the As used in this section, “handle,” “han­ day of November 1955. dler,” “oranges,” and “fiscal year” shall existence of a more sophisticated audi­ have the same meaning as is given to |[seal] E arl L. B utz, ence response, - warrant relaxation oi each such term in said amended market­ Assistant Secretary. , these rules to conform to the situation ing agreement and order; and “carton” IF. R. Doc. 55-9461; Filed, Nov. 22, 1055; currently existing in broadcast!ns. While the Association subscribes to tne shall mean the standard one-half orange, 11:05 a. m.] Wednesday, November 23, 1955 FEDERAL REGISTER 8641 broad principle that the public interest between the place where the program is best served by the elimination of in­ order that it may have the benefit of such originates and where it is rebroadcast, views prior to taking further action. It dustry practices deliberately calculated provided the off-the-line recording to mislead or deceive the public in any is noted that the NARTB proposal is (whether by the network itself at one of much broader in scope than the proposal way, it urges that the present rules ex­ its key stations or by an individual sta­ tend a projection neither warranted by of ABC and, if adopted in substance, tion) is for delayed broadcast locally would render moot the proposal filed by the actualities of broadcasting nor really Where the delay does not exceed the day­ desired by the public. The Association ABC. Accordingly, the Commission re­ light saving and/or. time zone differen­ quests that comments be directed towards submits that there is little possibility tials between the place where the pro­ of deceiving the public by deletion of -the relative merits of the two proposals. gram originates and where it is It is also noted that the NARTB proposal the announcement that a broadcast is rebroadcast. Each station which broad­ accomplished by means of mechanical is limited to amendment of §§ 3.188 casts network programs on a delayed (AM), 3.288 (PM ), and 3.653 (TV ). The reproduction, except with respect to basis in accordance with this waiver those programs in which the element Commission requests comments on the shall make an appropriate announce­ desirability of extending the proposed of time is of such special significance ment at least once each day between the that the impression or belief would be amendment to include § 3.588 (noncom­ hours of 10:00 a. m. and 10:00 p. m. mercial educational FM). The footnote treated in the mind of the public that stating that some or all of the network the event or program was, in fact, oc­ waiver which the ABC request proposes programs which are broadcast by that to amend is appended only to § 3.188 curring simultaneously with the broad­ station are delayed broadcasts by means cast» i. e., newscasts, political speeches, (AM). The Commission requests com­ of transcription, and indicating whether ments on the desirability of extending the panels, forums, news commentators and the transcriptions have been made by special events. It maintains that no real the network or the individual station. A present waiver, and also the amendment benefit results from requiring programs network organization or individual sta­ proposed by ABC, to the other sections in which the time element is not of spe­ tion taking advantage of this waiver relating to mechanical reproductions, particularly §§ 3.288 (PM) and 3.653 cial importance to be announced as being should so advise the Commission.” (TV.) mechanically reproduced since a me­ 5. In support of the proposed amend­ chanically reproduced program is often ment, ABC notes that the presentation 7. Authority for the issuance of the superior to a live program today; the of programs by transcription is an ac­ instant notice is contained in sections possibilities of deception are minimal, cepted part of American broadcasting. 4 (i), 303 (f>, and 303 of the Com­ and such announcements serve only to It points out that the present waiver munications Act of 1934, as amended. disrupt program continuity and to irri­ provision in the mechanical reproduc­ 8. Any interested person who is of the tate the public. NARTB maintains that tion rules—which applies to network view that the proposal herein should not the public is more concerned with tech­ programs delayed for one hour because be adopted may file with the Commis- nical quality and program content than of daylight saving time in some areas— * sion on or before December 15, 1955, with the method by which the programs has been in effect over eight years; that written data, views, or arguments set­ reach it. While the Association recog­ there is no indication that the networks ting forth his comments. Comments in nizes that under its proposal the public and stations operating under the waiver support of the proposals may also be filed may occasionally believe that a mechani­ have found any confusion resulting from on or before the same date. Comments cally reproduced program is a live the failure to make separate anounce- or briefs in reply to such original com­ broadcast, it urges that the public in­ ments for each transcribed network pro­ ments as may be submitted should be terest requires the application of a rule gram, and that the public has benefited filed within 10 days from the last day of reason and that the public interest from the elimination of needless repeti­ for filing said original comments or considerations inherent in “high-pro- tion of the announcements that a par­ briefs. No additional comments may be gram” content call for service to the ticular program is transcribed and pre­ filed unless (1) specifically requested by public free from announcements of the sented one hour later. While ABC the Commission or (2) good cause for obvious. With respect to delayed pro­ states that it is generally in accord with filing such additional comments is estab­ grams in which the element of time is the revisions proposed by NARTB to the lished. The Commission will consider all of special significance, the Association mechanical reproduction rules, it as­ such additional comments submitted be­ contends that broadcasters may be ex­ serts that the changes the Association fore taking further action in this matter, pected to present such programs in a proposes may require formal rule mak­ and if any comments appear to warrant manner that informs listeners ade­ ing and unavoidable delay before a de­ the holding of a hearing, oral argument, quately of the circumstances. cision can be reached with respect to or demonstration, notice of the time and 4. The Commission has also before itthe Association’s proposals. It there­ place of such hearing, oral argument or for consideration a petition filed on June fore urges the Commission to extend the demonstration will be given. 9. 1955, by the American Broadcasting present waiver to take care of the time 9. In acordance with the provisions of Company (ABC), a division of Ameri­ zone differences throughout the United § 1.764 of the Commission’s rules and can Broadcasting-Paramount Theatres, States pending consideration of the regulations, an original and 14 copies of Inc., requesting that the footnote to NARTB petition. Petitioner urges that all statements, briefs or comments shall s 3.188 (AM) of the Rules and Regula­ to compete with television, it is desirable be furnished the Commission. tions be amended to extend the waiver for network radio to broadcast at the Adopted: November 16,1955. provision to network programs which are same clock hour in the various time transcribed ahd rebroadcast at a later zones; that the requirement of an an­ Released: November 17,1955. hour because of the time differential re­ nouncement that a program is tran­ F e d e r a l C ommunications sulting from the time zone differences be­ scribed before or after each five minute C o m m i s s io n , tween the place where the program orig­ program and at the beginning and end of [ s e a l ] M a r y J a n e M o r r is , inates and where it is rebroadcast. The a longer program, with an additional Secretary. Present waiver applies only to the time interruption every 30 minutes in pro­ [P. R. Doc. 55-9410; Piled, Nov. 22, 1955; uerential resulting from the adoption grams of longer duration, results in ad­ 8:50 a. m.] or daylight saving time in some areas, ditional costs to the station and unnec­ mitioner proposes that the following essary annoyance to the listener; and wording be substituted for the present that in view of the experience with the FEDERAL POWER COMMISSION 8To o lthe footnote to § 3.188; and that present waiver provision, no repercus­ i S S * (PM) als° be amended by the sions would result from extending the [ 18 CFR Part 11 ] 0n °f the same proposed footnote ; waiver to cover broadcasts delayed up to [Docket No. R-129] m e requirements of this section are a maximum of four hours because of ved with respect to network pro- time zone differences. A n n u a l C h a r g e s P r e s c r ib e d f o r L ic e n s e s transcribed and rebroadcast at 6. The Commission is of the view that J , at®r h°nr because of the time differ­ rule making proceedings are warranted n o t ic e o f postponement o f h e a r in g ed resu*ting from the adoption of in this matter. The Commission desires N o v e m b e r 15,1955. bpy saving time in some areas or that all interested parties submit com­ cause of the time zone differentials In the matter of amendment to Part 11 ments with respect to these proposals in of Subchapter B of the regulations relat- 8642 PROPOSED RULE MAKING ing to annual charges prescribed for The hearing now scheduled for No­ and further orders, that nothing herein licensees under the provisions of the vember 30, 1955, is hereby postponed to set forth shall be construed as prejudic­ Federal Power Act. January 16, 1956 at 10:00 a. m., e. ¿. t., ing the rights under the Trading With the Enemy Act, as amended, of any per­ Upon consideration of the motion of in the Commission’s Hearing Room, 441 G Street NW., Washington, D. C. son who may have a claim against the the South Carolina Public. Service Au­ Company to file such claim with the At­ thority, filed November 9, 1955, for con­ [seal] L eon M. F uquay, torney General against any funds or tinuance of the hearing now scheduled Secretary. property received by the Attorney Gen­ for November 30, 1955, in the above- [F. R. Doc. 55-9375; FUed, NoV. 22, 1955; eral hereunder: designated matter; 8:45 a. m.] Provided, however, That n o th in g herein contained shall be construed as creating additional rights in such per­ son; Provided further, That any such claim against said Company shall be NOTICES filed with or presented to the Attorney General within the time and in the form and manner prescribed for such claims DEPARTMENT OF THE TREASURY Whereas a Certificate of Dissolution by the Trading with the Enemy Act, as was issued by the Secretary of State of amended, and applicable regulations and Bureau of Customs New York on July 14,. 1952, certifying to orders issued pursuant thereto; and [443.566] the dissolution of the Company; and further orders, that all actions taken and Whereas the Company has been sub­ acts done by the officers and directors M irror Cases Containing stantially liquidated. of the Company pursuant to this Order M irror and Comb Now, therefore, under the Trading with and the directions contained herein shall the Enemy Act, as amended, the Execu­ NOTICE OF PROPOSED TARIFF CLASSIFICATION be deemed to have been taken and done tive Orders 9095, as amended, and 9788, in reliance on and pursuant to Section November 17, 1955. and pursuant to law, the undersigned 5 (b) (2) of the Trading with the Enemy It appears that certain mirror cases after investigation: Act, as amended (50 U. S. C. App. 5X, containing a mirror and a comb are 1. Finding that the known' assets of and the acquittance and exculpation properly classifiable as (1) mirrors, not the Company consist of funds in the provided therein. over 144 square inches in size, with cases amount of $12,985.27 deposited in an ac­ count maintained in the Manufacturers Executed in Washington, D. C., on No­ under paragraph 230 Ob), Tariff Act of vember 16, 1955. 1930, and (2) combs, under paragraph Trust Co., New York, New York, 1537 (c), Tariff Act of 1930, at a rate 2. Finding that the known liabilities of For the Attorney General. the Company consist of an indebtedness of duty higher than that heretofore as­ [ seal] P aul V. M yron, sessed under an established and uniform in the amount of $63,209.77, owing to the Deputy Director, practice. Attorney General by virtue of Vesting Office of Alien Property. Pursuant to section 16.10a (d) of the Order No. 4184, dated September 27,1944 (9 F. R. 12053, October 3,1944), and Ex­ [F. R. Doc. 55-9402; Filed, Nov. 22, 1955; Customs Regulations * (19 CFR 16.10a 8:49 a. m.] (d)); notice is hereby given that the ecutive Order No. 9788; and existing uniform practice of classifying 3. Having determined that it is in the such merchandise as an entirety under national interest of the United States DEPARTMENT OF THE INTERIOR paragraph 230 Ob) as mirrors with their that the Company be dissolved, that its cases is under review in the Bureau of affairs be wound up and that its assets be Bureau of Land Management distributed; Customs. / . [Classification No. 461] Consideration will be given to any rel­ hereby orders, that the officers and direc­ evant data, views, or arguments pertain­ tors of the Company (and their succes­ California ing to the correct classification of this sors, or any of them) wind up the affairs SMALL TRACT CLASSIFICATION merchandise which are submitted to the of the Company and distribute the assets Bureau of Customs, Washington 25, of the Company coming into their pos­ November 9,1955. D. C., in writing. To assure considera­ session, as follows: 1. Pursuant to authority delegated to tion, such communications must 'be re­ 1. They shall first pay current expenses me by the California State Supervisor, ceived in the Bureau not later than 30 and necessary charges, if any, in effecting Bureau of Land Management, under days from the date of publication of this the dissolution of the Company and the Part n, Document 4, California State notice. No hearings will be held. winding up of its affairs; Office, dated November 19,1954 (19 F. R. [ seal] C, A. E m erick , 2. They shall then pay all Federal, 7697), I hereby classify, under the Small Acting Commissioner of Customs. State and local taxes and fees, if any, Tract Act of June 1, 1938, as amended (43 U. S. C. 682a), the tracts of public [F. R. Doc. 55-9401; Filed, 'Nov. 22, 1955; owed by or accruing against the Com­ 8:49 a .m.] pany; and land in Imperial County described below, 3. They shall then pay over, transfer, for lease and sale for residence-site pur­ assign and deliver to the Attorney Gen­ poses only: DEPARTMENT o f j u s t ic e eral all remaining funds and property of S an B ernardino B a se and Meridian the Company, of whatsoever kind and T. 16y2 South Range 10 East: Office of Alien Property nature (including any after-discovered Section 6, Tracts 11 to 20, inclusive; [Dissolution Order 113] assets and any and all claims or causes NW]4SW^4NE]4. of action of whatsoever kind and B auer T y p e F oundry, I nc. nature), the same (or any net proceeds 2. Classification of the above-described thereof) to be applied by the Attorney lands by this order segregates them from Whereas by Vesting Order No. 1630, all appropriations, including locations dated June 7, 1943, as amended (8 F. R. General as follows: First, in payment of under the mining laws, except as to ap­ 10309, July 23,1943; 9 F. R. 7105, June 27, the aforementioned obligation owed to plications under the Small Tract Act and 1944), and Executive Order No. 9788 of the Attorney General by virtue of Vest­ October 14, 1946 (3 CFR, 1946 Supp.), applications under the Mineral leasing ing Order No. 4184, and in satisfaction laws. there is vested in the Attorney General of such claim, if any, as the Attorney 3. The lands are located approximately of the United States (hereinafter referred General may have for monies advanced two miles southwest of Coyote Wells S ta ­ to as “Attorney General”) , all of the is­ sued and outstanding stock (consisting or services rendered to or on behalf of tion and one and one-half miles south of of 400 shares of $100 par value common the Company, and second, as a liquidat­ Oeotillo Townsite. The lands are within stock) of The Bauer Type Foundry, Inc. ing distribution of assets to the Attor­ one mile of U. S. Highway 80. The Yuha (hereinafter referred to as “the Com­ ney General as holder of all of the issued cut-off road passes through the approxi­ pany”) a New York corporation; and outstanding stock of the Company; mate center of the tracts. Electric power Wednesday, Novem ber 23, 1955 FEDERAL REGISTER 8643 is available to the area and water for rectangular in shape. A plat of survey domestic use is available within reason­ The lands hereinafter described, so far showing the location of each tract can as they are reserved for power purposes, able depths. Schools, stores and other be secured for $1.50 from the Bureau public facilities are available in the town are hereby restored to disposition under of El Centro, 28 miles easterly on High­ of Land Management, Boom 706 Cali­ the public land laws subject to provisions way 80. The soil is a loose, rocky, sandy fornia Fruit Building, 4th and J Streets, 'of section 24 of the Federal Power Act loam, supporting a sparse vegetation of Sacramento 14, California. of June 10, 1920 (41 Stat. 1075; 16 desert plants, such as ocotillo, creosote The appraised value of the tracts U. S. C. 818), as amended. bush, Mormon Tea and various cacti. varies from $40 to $200 per tract, as S ix t h P rin cipal M erid ian , Colorado There is no evidence of metallic or non- shown below. T. 8 S., R. 70 W., metallic minerals. \ Rights-of-way, 50 feet in width, for Section 6: Lot 1. 4. The individual tracts vary in size street and road purposes and for public from 1.33 acres to 6.59 acres, and are all The area described totals 41.65 acres utilities, will be reserved as shown below. of land within the exterior boundaries of Pike National Forest. Advance The land described shall be subject to Tract No. Acres - rentals Right-of-way, width—location Appraised (3 years) value, . application by the State of Colorado for a period of 90 days from the date of pub­ lication of this order in the F ederal R eg­ 4.56 $22 50 $150 ...... ______.... ______..... 5.00 ist e r is ■ 150 for right-of-way for public high­ 6.57 30 00 200 ways or as a source of material for 6. 59 * 30 00 200 is 5.00 22! 50 construction and maintenance of such 16...... 5.80 27 00 150 17 ...... highways in accordance with and sub­ 5.80 180 i s ...... 1.33 10.00 ject to the provisions of section 24 of the 19____ ...... ____ ...... 1. 58 10.00 Federal Power Act, as amended. 20___ _ . . j'aiSäifflSKiSgKl 1.58 10.00 N^NWMSWMNE^ ______5.00 22.50 The lands are within the exterior S^NWliSWiiNEti______5.00 22r50 150 limits of the Pike National Forest of the Forest Service, U. S. Department of Ag­ 5. Leases will be issued for a term of erans who were discharged on account riculture, and are not subject to the pro­ three years, and will contain an option to of wounds or disability incurred in the visions of the act of September 27, 1944 purchase in accordance with 3 CFR line of duty or the surviving spouse or (58 Stat. 747; 43 U. S. C. 279-284), as 257.13. Lessees who comply with the minor children of veterans killed in the amended, granting a preference right of general terms and conditions of their line of duty. Drawing-entry cards application to veterans of World War H leases will be permitted to purchase their (Form 4-775) are available upon request and others. tracts at the prices listed above providing from the Manager, Land Office, 5th Inquiries concerning these lands shall that during the period of their leases Floor, Bartlett Bldg., 215 W. 7th, Los be addressed to the State Supervisor, they (a) construct the improvements Angeles 14, California.' Bureau of Land Management, 357 New specified in paragraph 6 or (b) file a Custom House, Box 1018, Denver 1, Drawing-entry cards will be accepted Colorado. copy of. an agreement in accordance with if filled out in compliance with the in­ 43 CFR 257.13 (d). Leases will not be structions on the form and with the M ax Caplan, renewable unless failure to construct the above-named official prior to 10:00 a. m., State Supervisor. required improvements is justified under March 15, 1956. A drawing will be held [F. R. Doc. 55-9373; Filed, Nov. 22, 1955; the circumstances and nonrenewal would on that date or shortly thereafter. Any 8:45 a. m.] work an extreme hardship on the lessee. person who submits more than one card 6. To maintain their rights under their will be declared ineligible to participate leases, lessees will be required either (a) in the drawing. Tracts will be assigned to construct substantial improvements on to entrants in the order in which their Bureau of Reclamation their lands or (b) file a copy of an agree­ names are drawn. All entrants will be N orth P latte P r o je c t, Nebraska ment with their neighbors binding them notified of, the results of the drawing. to construct substantial improvements on Successful entrants will be sent copies of ORDER OF REVOCATION their lands. Such improvements must the lease forms (Form 4-776), with in­ M arch 6, 1953. conform with health, sanitation, and structions as to their execution and re­ construction requirements of local ordi­ turn and as to payment of fees and Pursuant to the authority delegated nances and must, in addition, meet the rentals. by Departmental Order No. 2515 of April 7, 1949 (14 F. R. 1937), I hereby revoke following standards: 8. All valid applications filed prior to The dwelling-house must be suitable Departmental Order of May 3, 1904, in November 7, 1955, will be granted the so far as said order affects the following for year-round use, erected on a perma- preference right provided for by 43 CFR 5$*? foundation and with a minimum of 257.5 (a). described lands; provided, however, that 400 square feet of floor space. The such revocation shall not affect the with­ R . G. S porleder, dwelling house must be built in a work­ drawal of any other lands by said order Officer in Charge, or affect any other orders withdrawing manlike manner out of attractive ma­ Southern Field Group, Los Angeles, terials properly finished. Adequate dis­ or reserving the land hereinafter posal and sanitary facilities must be November 9,1955. described: installed. Conventional concrete, or con­ [F. R. Doc. 55-9372; Filed, Nov. 22, 1955; S ix t h P rin c ipa l Merid ian , Nebraska crete slab foundations are acceptable. 8:45 a. m.] T. 24 N., R. 57 W., oncrete piers are not acceptable as Section 18, S ^ S E ^ . foundations. , ? he lands are now open to filing of The above area aggregates 80 acres. arawmg-entry cards (Form 4-775) only [010755] G . W . L inew eaver, y persons entitled to veterans’ pref­ Colorado erence. in brief, persons entitled to Assistant Commissioner. such preference are (a) honorably dis- ORDER PROVIDING FOR OPENING OF [Mise. 64433] PUBLIC LANDS arged veterans who have served in the November 17,1955. armed forces of the United States for Novem ber 15, 1955. I concur. The records of the Bureau period °* ^east 9 0 days after Septem- Pursuant to determination DA 372— of Land Management will be noted ac­ nim«15' 1940, (b) surviving spouse or Colorado, of the Federal Power Commis­ cordingly. anH J °rpban children of such veterans, sion, and in accordance with Order No. The lands are included in allowed 541, section 2.5 of the Director, Bureau homestead entry, Alliance 018379, and thP « the consent of the veteran, of Land Management, approved April 21, SP0Use of livinS vétérans. The 90- are not subject to the provisions of the 1954, (19 F. R. 2473—2476), it is ordered act of September 27, 1944 (58 Stat. 747; y requirement does not apply to vet- as follows: No. 228____4 43 U. S. C. 279-284), as amended, grant- 8644 NOTICES 1938, as amended, will remain in effect (c) Any person who on the day of the ing preference rights to veterans of referendum will not be present in the World War II, the Korean Conflict, and and compliance with such acreage allot­ ments will be a condition of eligibility county in which he is eligible to vote others. may, as early as 5 days prior to the date E dw ard W o o z l e y , of producers for price support under the Agricultural Act of 1949, as amended. of the referendum, obtain a ballot at Director, the most conveniently located ASC Bureau o f Land M anagement. registration County Committee office and may cast [P. R. Doc. 55- 9374; Filed, Nov. 22, 1955; Any person who, on the basis of the his ballot by indicating his choice on the 8:45 a. m.] eligibility requirements set out below, is ballot, signing his name thereto and eligible to vote in the referendum and mailing it so that the ballot reaches the ASC County Committee for the county DEPARTMENT OF AGRICULTURE who has reason to believe he is not on record as a 1955 upland cotton producer in which he is eligible to vote not later Agricultural Marketing Service in the county should notify the Agricul­ than the closing hour on the date of tural Stabilization and Conservation the referendum, which shall not be C a t t l e m a n ’s L iv e s t o c k A u c t io n , I n c . County Committee of his eligibility and earlier than 5 o’clock p. m., local stand­ POSTING OF STOCKYARD request that his name be entered on the ard time. register of eligible voters. 7. There shall be no voting by mail The Secretary of Agriculture has in­ (except as provided in paragraph 6 (c) formation that the Cattleman’s Live­ eligibility t o v o t e above), by proxy, or by agent, but a duly stock Auction, Inc., Nampa, Idaho, is a 1. Farmers eligible to vote in the refer­ authorized officer of a corporation, asso­ stockyard as defined in Section 302 of the endum will be those farmers who were ciation, or other legal entity or a duly Packers and Stockyards Act, 1921, as engaged in the production of upland cot­ authorized member of a partnership, may amended (7 U. S. C. 202), and should be ton in 1955 as owner-operator, cash cast its vote. made subject to the provisions of that tenant, standing-rent or fixed-rent The foregoing provisions relating to act. • tenant, or landlord (other than a land­ registration and eligibility to vote in the Therefore, notice is hereby given that lord of a standing-rent tenant, cash- referendum will appear on printed no­ the Secretary of Agriculture proposes rent or fixed-rent tenant) of a share tices which will be posted in a conspicu­ to issue a rule designating the stockyard tenant, or as a share tenant or share­ ous place in each community in which named above as a posted stockyard sub­ cropper. upland cotton was produced in 1955. ject to the provisions of the Packers and 2. Any farmer whose only cotton pro­ The language appearing below will also Stockyards Act, 1921, as amended (7 duction in 1955 consisted of extra long appear on the notices prepared for post­ U. S. C. 181 et seq.), as is provided in staple cotton shall not be eligible to vote ing and will be filled in by the Agricul­ section 302 of that act. Any interested in this referendum, but, if otherwise tural Stabilization and Conservation person who desires to do so may submit, eligible, may vote in the extra long staple County Committee to show the place for within 15 days of the publication of this cotton referendum. balloting and the time for opening and notice, any data, views or arguments, in 3. No cotton farmer (whether an indi­ closing of the polls. writing, on the proposed rule to the Di­ vidual, partnership, association, corpo­ P lace for B alloting rector, Livestock Division, Agricultural ration, estate, trust, or other business en­ Marketing Service, United States De­ The place for voting in the referendum terprise or legal entity, and, wherever in t h e ______community will be —------partment of Agriculture, Washington 25, applicable, a State, political subdivision D. C. of a State, the Federal Government, or T im e Done at Washington, D. C., this 17th any agency thereof) shall be entitled to The polls, in accordance with the official day of November 1955. more than one vote in the referendum, instructions for holding the referendum, shall even though such farmer may have been be opened promptly at ------o’clock a. m. [ s e a l ] H. E. R e e d , engaged in 1955 in the production of and closed promptly a t ------o’clock p. m., Director, Livestock Division, upland cotton on two or more farms or local standard time, on Tuesday, December Agricultural Marketing Service. in two or more communities, counties, 13, 1955. [F. R. Doc. 55-9419; Filed, Nov. 22, 1955; or States. 8:51 a. m.] 4. In case several persons, such as hus­ band, wife, and children, participated in (ASC County Committee] the production of upland cotton in 1955, Issu ed ______1955. under the same rental or cropping agree­ ment or lease, only the persons who Note : Upland cotton means all cotton other Commodify Stabilization Service than extra long staple cotton. For purposes signed or entered into the rental or crop­ of the referendum and as used in this notice, U pla n d C o t t o n M a r k e t in g Q u o ta ping agreement or lease shall be eligible the term “extra long staple cotton” means to vote. the designated types of cotton grown in the NOTICE OF REFERENDUM FOR 1956 CROP 5. In the event two or more persons areas designated by the Secretary, as set forth The Secretary of Agriculture has duly were engaged in producing upland cot­ in the regulations pertaining to acreage proclaimed, pursuant to the provisions of ton in 1955 not as members of a part­ allotments for the 1956 crop of upland cot­ the Agricultural Adjustment Act of 1938, nership but as tenants in common or as ton. Such regulations are published in the owners of community property, each F ederal R eg ister and copies are available at as amended, a national marketing quota the ASC county office. for the crop of upland cotton produced such person shall be eligible to vote. in 1956. 6. No person shall be eligible to vote Issued at Washington, D. C., this 18th A referendum of the farmers who were in any community other than the com­ day of November 1955. engaged in the production of upland cot­ munity in which he now resides except [s e a l ] T r u e D. M o r s e , ton in the calendar year of 1955 will be as follows: Acting Secretary of Agriculture. held on December 13, 1955, pursuant to (a) Any person who resides in a com­ munity other than the Community in [F. R. Doc. 55-9445; Filed, Nov. 21, 1955 the provisions of the act and applicable 4:35 p. m.] regulations, to determine whether such which he is engaged in the production farmers are in favor of or opposed to the of upland cotton may, if he will not vote 1956 quota. If two-thirds or more of the in the community in which he resides, cotton farmers voting in the upland cot­ vote at the polling place for the com­ E x t r a L ong S t a p l e C o t t o n ton referendum favor the quota, such munity in which he is engaged in the M a r k e t in g Q u o ta quota will be in effect for the 1956 up­ production of such cotton. NOTICE OF REFERENDUM FOR 1956 CROP land cotton crop. If more than one- (b) Any person who resides in a com­ The Secretary of Agriculture has duly third of the cotton farmers voting in such munity in which there is no polling place referendum oppose the quota, the quota proclaimed, pursuant to the provisions o will not be in effect for the 1956 upland shall be eligible to vote at the polling the Agricultural Adjustment Act of i yj' • cotton crop; however, farm acreage allot­ place designated for the community as amended, a national marketing quo ments established for such crop pursuant nearest to the community in which he for the crop of extra long staple cotton to the Agricultural Adjustment Act of resides. produced in 1956. Wednesday, November 23, 1955 FEDERAL REGISTER CC/IC oo45 A referendum of the farmers who were or as owners of commnrtitv nmnei+w ' _ engagedta the production of extra long each such person shall be eligible torotfc da^fot Novembw ' tU* 18th M the “ leni ar , r ar of 6- No person shaU be eliglWe to vote to ° 1955 will be held on December 13, 1955, any community other than the cornimi- [seal] T rue D. M orse, pursuant to the provisions of the Act and nity in which he now resides except as Acting Secretary of Agriculture. apphcable regulations, to determine follows: Pl [F. B. Doc. ss-9446- m id No. 21 ? 01

S * “ ^theTSon r^hhec„fCBage

cuota^m rot'te in eK ct for"thea'l956 munUy^VhTch thereil n“ pomng S t o N0HcE'0F ACRII:MENT filed 1 for »pfhovjl tern 3 S & 2 1 & T " * *» , Notice is hereby given that the follow- S Place df lgnated for the community inf described agreement has been filed Adjustm£itPA ctof Ì93^, Ì ea m S w ?lì r e Z I Ì < COmmunity in which^ e s^lon'* su^aCTeage^^otmentswilfte^ condi1 f(C> PerS°n Wh° 0n the day of the amended; 39 stat- 733, 46 U. S. C. 814.^ tk>n ofT lS b iU t? Sfor S Ì J P L 1? * be present in th e T Agrf ment No. 8057, between Home support under the Ag^uUiSalAÌtS £°unty in wblch he is eligible to vote Lmes Inc., and National Hellenic Ameri- 1949 as amended Act ° f “ ay> as early as 5 days prior to the can Line, covers an arrangement whereby date of the referendum, obtain a ballot Home Lines will make available to Na- registration ftt the most conveniently located ASC tional Hellenic its vessel the S. S. “Queen Any person who, on the basis of the £ ° Uu ^ p°rmnitt;ee office and may cast Frederica”, for operation of a common eligibility requirements set out below is Ì J Ì Ì f 110^ by. indloatmg his choice on the carrier service in the trade between Pi- eligible to vote in the referendum and bali°t* s.1,gning hls name thereto and raeus, Greece, and New York, N. Y„ via who has reason to believe he is^Tot^n SjSv v.n «?0 ballot reaches the Mediteranean ports, and provides that record as a 1955 extra long staple cotton f^ Cl9°,'11?ty Committee for the county Home Lmes shall not during the period producer in toe c S y S ? n o t 5 ? toe 5L 2?g 5' be £ ebgible to/ ote not later of the agreement, unless requested by Agricultural Stabilization and Conserva- thedate of the Natlonal Hellenic, operate any vessel as tion County Committee of his eligibility t f / n ? S ò w ? 1Ch ?hali Iiot J?e. ?arlier a com*n°n carrier of passengers or cargo and request that his name be entered on t ^ T w ìo h f i'i l0Cal standa^d time- m such trade. the register of eligible voters 'Pbere shad be .no voting by mail Interested parties may inspect this (except as provided m paragraph 6 (c) agreement and obtain copies thereof at eligibility to vote above), by proxy, or by agent, but a the Regulation Office, Federal Maritime 1. Farmers eligible to vote in the refer- ° Uly ai^honzed officer of a corporation, Board, Washington, D. C„ and may sub- endum will be those farmers who were ,or otiier iegal entity or a jnit, within 20 days after publication of engaged in the production of extra long •y authorized member of a partner- this notice in the F ederal R egister, staple cotton in 1955 as owner-operator mf,y cas?'lts vote* written statements with reference to the cash tenant, standing-rent or fixed-rent « 3 * f°regoing Provisions relating to agreement and their position as to ap- tenant, or landlord (other than a land- ^ Ì 10n aPS eligibility to vote in the provai, disapproval, or modification, to- lord of a standing-rent tenant, cash-rent J 5 E 2 S S 1 w}Jl appear^on printed no- gether with request for hearing should or fixed-rent tenant) of a share tenant tlC6S Yhicb wlU be posted in a conspicu- such hearing be desired. S n “# - “ y * F&&^zgissséduction in 1955 consisted of upland cot- m „195i5' 1116 language. appearing&sst below ■ By order of the Federal Maritime ton shall not be eligible to vote in this als?. appea^ °n the notices prepared Board. referendum, but if otoerwisT for postmg and will be filled in by the [SEALl A T « , TT may vote in toe upland ^ tte n Ì S Ì Ì Agricultural Stabilization and Conserva- C 3 A> J ’ W illiams, endum. Upand cotton refer" tion County Committee to show the ' Secretary. 3. No cotton farmer (whether an indi place. for balloting and thè time for [F> R- Doc* 55-9422; Piled, Nov. 22, 1955; vidual, p a r t n e S a c t i o n c o S l °Penmg and closing of the polls- ______8:51 am 'I______ration, estate, trust, or other business P lace fo b B alloting S 5 S T “r * * enti‘y; and. wherever The place for voting In the referendnm ATOMIC ENERGY COM M ISSION PP cable, a State, political subdivision trie __—------community will be _ °r a State, the Federal Government, or Time Patent Compensation Board any agency thereof) shall be entitled to r™,...... {Docket No. 20] more than one vote in the . V16 P°Us- Iftv accordance with the official 1 even thnmrh „„„v. ■? e reterendum» instructions for holding the referendum,'shall Consolidated E ngineering Corp. * a_rugn such farmer may have been »>© opened promptly a t _____o’clock a. m. igagea in 1955 in the production of and close Member Notice is hereby given that Consoli- or two or more communities, ' ' dated Engineering Corporation has filed counties, or States. IIIIIIIIII 1------a claim fqr an award before the Patent 4- In case several persons, such as ______III ~ Compensation Board, United States nusband, wife, and.children, participated (asc County Conmùttée) Atomic Energy Commission, in the above m the production of extra long staple issued______1955 IP*® claim is based on alleged cotton in 195«i rniHhr co«,» s staple »00. useofU. S. Patents No. Re. 23,464; 2,450,- cropninff servo’ Undar the same rental or No t e ; Upland cotton means all cotton other 462; and 2,587,575. ^ ^ « * 5 z ^ ps:.,ssr^ h to ; Shall be°ehgffiPP1to voteeement 0r leaSe th® d«S n a te d ty S gof ^SÌ o n ^ S in iS6toe ^ f ^ h w t o ^ t h ^011 j Any Per“ 5 In tv, : ■ 10 VOte’ areas designated by the Secretary, as set forth ?°n other tban the appheants desiring to w ' ine event two or more persons ln tiie regulations pertaining to acreage be heard with reference to the applica- sfami engaged in producing extra long allotments for the 1956 crop of extra long tion should file with the Patent Compen- „ Ple cotton in 1955 not as members of Such regulations are pub- sation Board, United States Atomic Em- &Partnership but as tenants in common S S i f f i S d S l T X X & t 8646 NOTICES [Docket Nos. 11493, 11494; FCC 55M-955] lication of this notice, a statement of Accordingly, it is ordered, That the fact concerning the nature of his interest. petition of Robert E. Bollinger to enlarge R adio B roadcasting S ervice and issues is granted and the issues in the D ana W. Adams M argaret H. M el in , above-entitled proceeding is enlarged to Acting Clerk, include the following issue: order continuing hearing Patent Compensation Board. 6. To determine whether the radiat­ In re applications of Louis Alford N o v e m b e r 1 6 , 1 9 5 5 . ing system proposed by Capstaff Broad­ Phillip D. Brady and Albert Mack Smith, casting Company, Oregon Limited, would d/b as Radio Broadcasting Service, [F.' R. Doc. 55-9370; Filed, Nov. 22, 1955; Tyler, Texas, Docket No. 11493, File No. 8:45 a. m.] meet the minimum requirements with respect to effective field intensity as re­ BP-9761, Dana W. Adams, Tyler, Texas, quired by the Commission’s rules and Docket No. 11494, File No. BP-9841; for FEDERAL COMMUNICATIONS standards of good engineering practice. construction permits. The Hearing Examiner having under COMMISSION It is further ordered, That the order consideration the above-entitled pro­ [Docket No. 11455, etc.; FCC 55—1141] of designation (FCC 55-778, Mimeo ceeding; 20951) is amended so that Issues now It is ordered, This 15th day of Novem­ R obert E . B ollinger e t al. numbered “6” and “7” are renumbered ber 1955, that all parties, or their attor­ ORDER AMENDING ISSU ES M7” and “8”; and neys, are directed to appear for a pre- hearing conference, pursuant to the In re applications of Robert E. Boll­ It is further ordered, That the order of designation is amended to show that provisions of section 1.813 of the Com­ inger, Portland, Oregon, Docket No. mission’s rules, at the Commission’s 11455, Pile No. BP-9320; Mercury Broad­ Capstaff Broadcasting Company, Oregon Ltd. is technically qualified to operate offices in Washington, D. C., at 10:00 casting Company, Inc. (K U Q ), Portland, a. m., December 12, 1955; Oregon, Docket No. 11456, File No. B P - the proposed station except with respect to the matter raised in Issue 6 hereof. It is further ordered, On the Hearing 9400 ; Docket No. 11457, File No. BP-226'6; Examiner’s own motion, that the hear­ Albert L. Capstaff and H. Quenton Cox, Released: November 17, 1955. ing herein scheduled to commence on a partnership d/b as Capstaff Broad­ F ederal C ommunications December 15,1955, is continued to Janu­ casting Company, Oreg. Ltd., Portland, ary 12, 1956, at 10:00 a. m. Oregon, Docket No. 11458, File No. B P - C o m m issio n , 9585; for construction permits and re­ [ seal] M art J ane M o r r is, F ederal Communications Secretary. newal of license. C o m m issio n , At a session of the Federal Communi­ [F. R. Doc. 55-9411; Filed, Nov. 22, 1955; [sea l] M ary J ane M o rris, cation Commission held at its offices in 8:50 a. m.] Secretary. Washington, D. C., on the 16th day of [F. R. Doc. 55-9413; Filed, Nov. 22, 1955; November 1955; 8:50 a. m.] The Commission having under con­ sideration a petition filed August 4,1955, [Docket No. 11477; FCC 55M-958] by Robert E. Bollinger, Portland, Ore­ R adio S tation KLLL, I nc., (KLLL) gon, requesting an enlargement of issues [Docket Nos. 11533, 11534; FCC 55M-956] order continuing hearing in the above-entitled proceeding with re­ C entral Ne w Y ork B roadcasting C orp. spect to the application of Capstaff In re application of Radio Station and T riangle P ublications, I nc. Broadcasting Company, Oreg. Ltd., Port­ KLLL, Inc. (KLLL), Lubbock, Texas, land, Oregon; and comment on petition Docket No. 11477; File No. BP-9750; for order continuing hearing to enlarge filed September 1, 1955, by construction permit. In re applications of Central New Chief, Broadcast Bureau; The Hearing Examiner having under York Broadcasting Corporation, Elmira, It appearing that Robert E. Bollinger consideration a petition filed November New York, Docket No. 11533, File No. alleges that the ground system proposed 14, 1955, by Radio Station KLT I», Inc., BPCT-2000; Triangle Publications, Inc., by Capstaff Broadcasting Company, requesting that the hearing in the above- (Radio and Television Division) Elmira, Oreg. Ltd., will not meet the require­ entitled proceeding presently scheduled New York, Docket No. 11534, File No. ments of the Commission’s rules and for December 6, 1955, be continued until BPCT-2008; for construction permits for standards because the available area December 28, 1955; new television broadcast stations. around Capstan’s proposed site on which It appearing that the parties hereto It is ordered, This 15th day of Novem­ a ground system can be installed is se­ desire to complete discussion and review ber 1955, that J. D. Bond will preside at verely limited due to the refusal of adja­ of certain engineering data in an effort the hearing in the above-entitled pro­ cent property owners to permit ground to expedite disposition of the issues in­ ceeding, which is hereby continued from wires to be placed on their property; and volved in such proceeding ; January 2, 1956, to January 3, 1956, in that, in view thereof, Bollinger requests It further appearing that counsel for Washington, D. C. an enlargement of issues to permit an Snyder Broadcasting Company (KSNY), - inquiry into the matter; Snyder, Texas, respondent in this pro­ Released: November 16, 1955. It further appearing that Chief, ceeding, has informally agreed to a F ederal C ommunications Broadcast Bureau, in view of the alle­ waiver of the so-called four-day rule and Co m m issio n , gations made, requests that the issues concurs in the request for continuance; [ seal] M ary J ane M o rr is, be enlarged to include the following and that counsel for the Broadcast Bu­ Secretary. issue: reau has, likewise, agreed to a waiver of the four-day rule and has consented to [F. R. Doc. 55-9414; Filed, Nov. 22, 1955; To determine whether the radiating 8:51 a. m.] system proposed by Capstaff Broadcast­ a grant of the petition; ing Company, Oregon Limited, would It is ordered, This 15th day of Novem­ meet the minimum requirements with ber 1955, that the petition be and it is hereby granted ; and that the hearing in respect to effective field intensity as re­ [Docket No. 11536, etc.; FCC 55 M-9611 quired by the Commission’s rules and the above-entitled proceeding be and it standards of good engineering practice. is hereby continued to December 28, ^ R adio H erkim er et al. 1955, at 10 o’clock a. m., in Washing­ and that the order of designation be ton, D. C. order scheduling hearing modified so as to find Capstaff techni­ F ederal Communications In re application of Louis Adelman, cally qualified except as to the matter C o m m issio n , Norman E. Jorgensen and Seymour Krie­ raised in the aforesaid issue; [seal] M art/Jane M orris, ger, d/b as Radio Herkimer, Herkimer, It further appearing that no opposi­ Secretary. New York, Docket No. 11536; File No. tion to the petition to enlarge has been [F. R. Doc. 55-9421; Filed, Nov. 22, 1955; BP-9619; Bay State Broadcasting Com­ filed; 8:50 a. m.] pany (WBSM), New Bedford, Massa- 4

Wednesday, November 23, 1955 FEDERAL REGISTER 8647 chusetts, Docket No. 11537, File No. BP-9649; Western Massachusetts Broad­ FEDERAL POWER COMMISSION [Docket No. G—4573 etc.] casting Company (WBEC), Pittsfield, [Docket No. E-6623] S t e w a r t M . V o c k e l e t a l . Massachusetts, Docket No. 11538, File No. NOTICE OP FINDINGS AND ORDER BP-9653, for Construction Permits. G u l p S t a t e s U t i l i t i e s C o . It is ordered, This 17th day of Novem­ N o v e m b e r 16,1955. NOTICE OF AMENDMENT OP APPLICATION ber 1955, that Basil P. Cooper will pre­ ' In the matters of Stewart M. Vockel, side at the hearing in the above-entitled N o v e m b e r 17, 1955. Trustee, Ellis Properties, Docket No. proceeding which is hereby scheduled Take notice that on November 9, 1955, G-4573 ; Finch and Snider O. & G. Com­ to commence on January 26, 1956, in an amendment was filed to the applica­ pany, Docket Nos. G-4574 and G-4575; Washington, D. Cf tion in this matter (notice published 20 Perrytown Gas Company, Docket No. G^ Released: November 18, 1955. F. R. 3519) pursuant to section 204 of 5754; Brooks Gas Company, Docket No. G—5755; Marval Gas Company, Docket F e d er a l C ommunications the Federal Power Act by Gulf States Utilities Company (Applicant), a Texas No. G-5756; Curry Gas Company, Docket C o m m is s io n , Nos. G-5757 and G-5758; Sweetland [ s e a l ] M a r y J a n e M o r r is , corporation doing business in the States Land and Mineral Company, Docket Nos. Secretary. of Louisiana and Texas, with its prin­ G-6014 and G-6016; Haught Gas Com­ IP. R. Doc. 55-3415; Piled, Nov. 22, 1955; cipal business office at Beaumont, Texas, pany, Docket No. G-6221; Mrs. Clara B. 8:51 a. m.] seeking an order authorizing the issu­ Guthrie, Docket No. G-6395; Truman E. ance of additional promissory notes in Gore & John S. Secret, DBA Truman the aggregate amount of $5,000,000, and E. Gore et al., Docket No. G-6418; River- authorizing Applicant to have outstand­ head Gas Company, Docket No. G-6419; [Docket No. 11539, etc.; PCC 55M-962] ing at any one time a maximum princi­ Lloyd G. Jackson, Agent, Docket No. M u s s e r B roadcasting C o . e t a l. pal amount of not to exceed $18,000,000 G-6420; The Mower Lumber Company of unsecured promissory notes. Said Docket No. G-6422; Mud River Gas o r d er s c h e d u l in g h e a r in g Company, Docket No. G-6423; Alex T. notes will have a maturity of not in ex­ In re applications of Sam Ferguson Hunt, Docket No. G—6436; Western cess of eleven months from the date of Pocahontas Corporation, Docket No. Musser and Gloria G. Musser d/b as issue and bear interest at the lender’s Musser Broadcasting Company, Eliza­ G-6443 ; Rich Oil and Gas Company, bethtown, Pennsylvania, Docket No. prime rate in effect at the time of each Docket No. G-6446; Monarch Gas Com­ 11539, File No. BP-9698; Will Groff tr/as borrowing. The proposed will be issued pany, Docket No. G—6455; Bee Gas Com­ Colonial Broadcasting Company, Eliza­ to the Irving Trust Company, New York, pany, Docket No. G-6456; Cantes Gas bethtown, Pennsylvania, Docket No N. Y., and The Chase Manhattan Bank, Company, Docket No. G-6460; Mandell 11540, File No. BP-9759; H. Raymond New York, N. Y. Applicant states that Gas Company, Docket No. G-6461. Stadiem, Lester P. Etter and M. Leonard the proceeds from the proposed issuance Notice is hereby given that on Novem­ Savage d/b as Radio Columbia, Colum­ will be used for general corporate pur­ ber 8, 1955, the Federal Power Commis­ bia, Pennsylvania, Docket No. 11541, sion issued its findings and order adopted poses and to carry on its construction November 2, 1955, issuing certificates of File No. BP-9940; for construction program; all as more fully appears in the permits. public convenience and necessity in the application on file with the Commission. It is ordered, This 17th day of Novem­ above-entitled matters. Any person desiring to be heard, or to ber 1955, that Annie Neal Huntting will s e a l e o n u q u a y make any protest with reference to said [ ] L M . F , preside at the hearing in the above- Secretary. entitled proceeding which is hereby application should, on or before the 28th day of November 1955, file with the Fed­ [P. R. Doc. 55-9376; Piled, Nov. 22, 1955; scheduled to commence on January 26, 8:45 a. m.] 1956, in Washington, D. C. eral Power Commission, Washington 25, Released: November 18, 1955. D. C., a petition or protest in accordance with the Commission’s rules of practice [Docket No. G-3222 etc.] F e d er a l C ommunications and procedure. The application is on C o m m is s io n , file with the Commission for public in­ S outheastern G as C o . e t a l . [ s e a l ] M a r y J an e M o r r is , spection. Secretary. NOTICE OP FINDINGS AND ORDERS [ s e a l ] L e o iJ M . F u q u a y , IP. R. Doc. 55-9416; Filed, Nov. 22, 1955; N o v e m b e r 16,1955. 8:51 a. m.] Secretary. In the matters of Southeastern Gas [P. R. Doc. 55-9394; Piled, Nov. 22, 1955; Company (formerly Hamilton Gas Cor­ 8:48 a. m.] poration), Docket No. G-3222; Cities Service Oil Company et al., Docket No. [Docket Nos. 11542, 11543; PCC 55M-963] G-4579; Fred H. Ryan, Docket No. G- 5239; Ira J. Cox, Docket No. G-5296; Co u r ie r -T i m e s , I n c . and D o n H . M a r t in [Docket No. G-6822] George R. Brown, Docket No. G-6740; o r d er s c h e d u l in g h e a r in g Mowery Lease No. 1, Jack Price, Agent, £jUn r a y M id -C o n t in e n t O i l C o . In re applications of Courier-Times, Docket No. G-7302; The Atlantic Refin­ Inc., New Castle, Indiana, Docket No. NOTICE OP CONTINUANCE OP HEARING ing Company, Docket No. G-7309; Stano- 11542, File No. BP-8886; Don H. Martin lind Oil & Gas Company, Docket No. G - (WSLM), Salem, Indiana, Docket No. N o v e m b e r 16,1955. 8965; Gas Transmission Company, 11543, File No. BP—9392; for construction Upon consideration of the motion of Docket No. G-9042; Graham Oil Com­ Permits. Sunray Mid-Continent Oil Company pany, Docket No. G-9059; Late Oil Com­ filed on November 4, 1955, for continu­ pany, Docket No, G—9153; Moran Bros. It is ordered, This 17th day of No­ Inc., Docket No. G-9164; Foster Petro­ vember 1955, that Thomas H. Donahue ance of the hearing now scheduled for leum Corporation, Docket No. G-917S; will preside at the hearing in the above- November 22, 1955, in the above- Hudson Oil & Metals Company, Docket entitled proceeding which is hereby designated matter; No. G-9165. in* }*led to commence on January 16, The hearing now scheduled for No­ 1956, in Washington, D. C. Notice is hereby given that on Novem­ vember 22, 1955, is hereby postponed to ber 8, 1955, the Federal Power Commis­ Released: November 18,1955. December 14, 1955, at 10:00 a. m., e. s. t., sion issued its findings and orders in the Commission’s Hearing Room, 441 adopted November 2, 1955, issuing cer­ F e d e r a l C ommunications G Street NW., Washington, D. C. tificates of public convenience and neces­ C o m m i s s io n , sity in the above-entitled matters. [ s e a l ] M a r y J a n e M o r r is , [ s e a l ] L e o n M . F u q u a y , Secretary. Secretary. [ s e a l ] L e o n M . F u q u a y , Secretary. [F. R. Doc. 55-9417; Filed, Nov. 22, 1955; [P. R. Doc. 55-9395; Filed, Nov. 22, 1955; 8:51 a. m.J [P. R. Doc. 55-9377; Filed, Nov. 22, 1955; 8:48 a. m.] 8:46 a. m.] 8648 NOTIGES

[Docket No. G-8540] [Docket No. G-7854, etc.] SECURITIES AND EXCHANGE Citiz e n s U t il it ie s Co. R alph S nyder e t al. COMMISSION notice op order in regard to ph ysica l notice of findings and order [File No. 812-972] fa c ilities and sale of natural gas N o v e m b e r 1 6 , 1 9 5 5 . Atlas Corf, et al. November 17,1955. In the matters of Ralph Snyder, Docket NOTICE OF FILING OF APPLICATION FOR Notice is hereby given that on Novem­ No. G-7854; Sinclair B. Kouns et al., ORDER EXEMPTING TRANSACTIONS BE­ ber 7, 1955, the Federal Power Commis­ Docket No. G-7855; Granite Oil Trust No. TWEEN AFFILIATES sion issued its order adopted November 2 of Oklahoma, Docket No. G-7856; Jef­ 2, 1955, directing physical connection of ferson Gas Company, Docket No. G-7857; November 16,1955. facilities and sale of natural gas in the McIntosh and Grimm, Docket Nos. G- In the matter of Atlas Corporation, above-entitled matter. 7858, G-7859; Compbell Gas Company, Wasatch Corporation, Airfleets, Inc., San Docket No. G-7860; Smith Gas Company, Diego Corporation, and Lisbon Uranium [ seal] L eon M. F uquay, Secretary. Docket No. G-7863; Lamar Hunt, Docket Corporation; File No. 812-972. No. G-7874; J. H. Herd, Docket No. G - Notice is hereby given that Atlas Cor­ [F. R. Doc. 55-9378; Filed, Nov. 22, 1955; 7875; Thomas J. Davis, Docket No. G- poration (“Atlas”) and Wasatch C6rpo- 8:46 a. m.J 7876; M. G. Drake Gas Company, Docket ration (“Wasatch”), both closed-end, No. G-7877; John J. Redfem, Jr., Docket non-diversified management investment No. G-7878; Drake Oil & Gas Company, companies registered under the Invest­ Docket No. G-7886; Donnell Drilling ment Company Act of 1940 (“act”), and [Docket No. G-8871 etc.] Company, Docket No. G—7890. Airfleets, Inc. (“Airfleets”), San Diego C olorado I nterstate G as Co. et al. Notice is hereby given that on Novem­ Corporation (“San Diego”), and Lisbon ber 8, 1955, the Federal Power Commis­ Uranium Corporation (“Lisbon”), have notice of findings and orders sion issued its findings and order adopted filed a joint application for an order or November 17, 1955. November 2, 1955, issuing certificates of orders pursuant to sections 17 (b) and public convenience and necessity in the 6 (c) of the act exempting certain trans­ In the matters of Colorado Interstate above-entitled matters. actions hereinafter described from the Gas Company, Docket No. G-8871, El provisions of sections 17 (a) and 18 (a) Paso Natural Gas Company, Docket No. [sealI L eon M. F uquay, Secretary. (1) (A) of the act. G-9158; Arkansas-Missouri Power Com­ The application makes the following pany, Docket No. G-9219. [F. R. Doc. 55-9381; Filed, Nov. 22, 1955; representations: Notice is hereby given that on Novem­ 8:46 a. m.] San Diego is engaged in the oil and ber 7, 1955, the Federal Power Commis­ gas production business as is Airfleets. sion issued its findings and orders The latter company is also engaged in adopted November 2, 1955, issuing cer­ the manufacture and sale of aircraft tificates of public convenience and [Docket No. G-6954 etc.] equipment. Lisbon is engaged in the ex­ necessity in the above-entitled matters. D. D. F eldman O il and G as e t al. ploration and development of uranium [ seal] L eon M. F uquay, properties. Secretary. NOTICE OF FINDINGS AND ORDERS Atlas owns approximately 96 percent November 16, 1955. of the voting stock of Wasatch, 18 per­ [F. R. Doc. 55-9379; Filed, Nov. 22, 1955; cent of the voting stock of San Diego and 8:46 a. m.] In the matters of D. D. Feldman d/b/a D. D. Feldman Oil and Gas, 3 percent of the voting stock of Airfleets. Docket No. G-6954; Charles McCamic et Voting stock of Lisbon is owned by al., Docket No. G-9089; Texas Eastern Wasatch, San Diego and Airfleets, re­ spectively, in the amount of 32 percent, [Docket No. G-6477, ete.] Transmission Corporation, Docket No. G-9099; Roy E. Briscoe et al., Docket No. 16 percent and 16 percent. Floyd B. E dw in Nie lsen e t al. G-9123. Odium, President of Atlas, is also Presi­ dent of Airfleets and is the owner of notice of findings and order Notice is hereby given that on Novem­ ber 9, 1955, the Federal Power Commis­ more than 5 percent of its voting stock. November 16,1955. sion issued its findings and orders For a considerable period prior to In the matters of Edwin Nielsen et al., adopted November 2, 1955, issuing cer­ February 1955, Lisbon had been inter­ Docket No. G-6477; The Citizens Na­ tificates of public convenience and ested in acquiring certain uranium tional Bank in Abilene, Texas, Executor necessity in the above-entitled matters. claims in the Colorado Plateau owned and Trustee of Ellis A. Hall, Docket No. by Robert M. Barrett of Salt Lake City, [ seal] L eon M. F uquay, Utah, some of which claims were and are G-6484; John E. Prothro, Docket Nos. Secretary. G-6512 and G-6513; Leona Cox Skelton, contiguous on three sides to some of the Docket No. G-6521 ; H. W. Perritt, Docket [F. R. Doc. 55-9382; Filed, Nov. 22, 1955; claims then and now owned by Lisbon. No. G-6702; Mrs. L. M. Moffit and Mrs. 8:46 a. m.] Barrett is not an officer or director or, Betty M. Gustine, Docket No. G-6703; so far as is known, a stockholder of any Rycade Oil Company, Docket No. G - of the corporations which are parties to 6739; F. L. Andrews et al., Docket No. this application. After protracted G-6709. [Docket No. G-9201] negotiations with Barrett, it appeared Notice is hereby given that on No-- S outhern Natural G as C o. that the terms upon which Barrett would vember 8, 1955, the Federal Power Com­ sell the claims owned by him were be­ mission issued it findings and order NOTICE OF FINDINGS AND ORDER yond the cash resources of Lisbon at the adopted November 2, 1955, in the above- November 16, 1955.' time such negotiations reached the point entitled matters, issuing certificates of where a definite decision had to be Notice is hereby given that on Novem­ reached promptly. Lisbon thereupon public convenience and necessity in' ber 2, 1955, the Federal Power Commis­ - Docket Nos. G-6477, G-6521, G-6702, entered into an agreement dated Febru­ sion issued its findings and order adopted ary 15,1955, with Wasatch, Airfleets and G-6703, jG-6739, G-6709; and dismissing November 2, 1955, issuing a certificate San Diego, whereby the latter nam ed applications in Docket Nos. G-6484, G1- of public convenience and necessity in 6512 and G-6513 for lack of jurisdiction. corporations undertook to enter into a the above-entitled matter. written option agreement with Barret [ seal] L eon M. F uquay, [ seal] L eon M. F uquay, relating to the Barrett claims. Tn Secretary. Secretary. option agreement with Barrett was exe­ [F. R. Doc, 55-9380; Filed, Nov. 22, 1955; [F. R. Doc. 55-9383; Filed, Nov. 22, 1955; cuted by a duly authorized agent of Air­ 8:46 a. m.] 8:46 a. m.] fleets, which, in turn, was acting 1 Wednesday, November 23, 1955 FEDERAL REGISTER 8649 ! itself and as agent for San Diego and Wasatch. Lisbon involves the purchase by an affil­ [Pile No. 70-3426] iate (Lisbon) of a registered investment Pursuant to this agreement, Wasatch, company (Atlas) of property from a com­ D e l a w a r e P o w e r & L ig h t C o . I Airfleets and San Diego have paid an pany (Wasatch) controlled by such reg­ aggregate of $510,000 to Barrett, and NOTICE OP PILING REGARDING PROPOSED istered company. It also involves a sale ISSUANCE AND SALE OP BONDS AND PRE­ have expended $228,704 in exploration by affiliates (Airfleets and San Diego) of and drilling activities and for other re- FERRED STOCK an affiliate (Lisbon) of a registered in­ N o v e m b e r 1 7 , 1 9 5 5 . I lated expenses. These expenditures vestment company (Wasatch) of prop­ I were made by Wasatch, Airfleets and San erty to a company (Lisbon) presumed to Notice is hereby given that Delaware Diego in the proportions of 50 percent, Power & Light Company (“the Com­ be controlled by such registered invest­ pany ), a registered holding company 25 percent and 25 percent, respectively. ment company. Consequently, the trans­ Atlas now proposes to advance to Lis­ fer would be prohibited by the provisions and a public utility company, has filed bon up to $4,350,000 (of which $60,000 of section 17 (a) (1) of the act unless a declaration pursuant to the Public Utility Holding Company Act of 1935 j has already been advanced) in order exempted pursuant to section 17 (b) ; that Lisbon may, among other things thereof, (“act”), designating sections 6 and 7 of reimburse Wasatch, Airfleets and San To the extent that the several guaran­ the act and Rule U-50 thereunder as Diego for their expenditures on its be­ tees of Wasatch, Airfleets and San Diego applicable to the proposed transactions, half with interest at 5 percent from the may be deemed to constitute the sale of which are summarized as follows: dates of the payments to the date of The Company proposes to issue and a security by each of those corporations sell, pursuant to the competitive bidding reimbursement. Upon such reimburse­ to Atlas, there is involved a sale of se­ ment, Wasatch, Airfleets and San Diego curities to a registered investment com­ requirements of Rule U-50, $10,000,000 will transfer the Barrett option agree­ pany (Atlas) by affiliates (Wasatch and principal amount of its First Mortgage ment to Lisbon. and Collateral Trust Bonds __ percent San Diego) or an affiliate (Airfleets) of Series due 1985 (“1985 Series Bonds”) The amount to be advanced by Atlas an affiliate (Lisbon) of such registered will also enable Lisbon to make the final and 50,000 shares of i t s _percent Pre­ investment company. The proposed ferred Stock, Cumulative, par value $100 payment of $3,090,000 required to be guarantees would therefore be prohibited made on or before December 1, 1955 in per share (“New Preferred Stock”). under section 17 (a)-- (1) of the act unless The 1985 Series Bonds will be issued order to complete the payments re­ exempted pursuant to section 17 (b) quired for exercise of the Barrett option. thereof. under and secured by the Mortgage and The balance of the proposed advance is Deed of Trust of Delaware Pow'er & To the extent that the guarantee by Light Company to The New York Trust for acquisition, exploration, drilling and Wasatch of the repayment of 32 percent other expenses either incurred or antici­ Company, Trustee, dated as of October of the advance by Atlas may be deemed 1, 1943, and indentures supplemental pated prior to May 1, 1956. Lisbon has to constitute the issuance of a senior debt in contemplation a permanent financing thereto, including a proposed Eighteenth security by Wasatch within the meaning Supplemental Indenture to be dated as program^which should, under present of section 18 of the act, it may contra­ Plans, be completed by that date. of December 1, 1955. The rights and vene the provisions of section 18 (a) (1) preferences of the 1985 Series Bonds will Lisbon proposes to deliver to Atlas its (A) of said act, because the asset cover­ promissory note or notes in the aggre­ be substantially identical with the pres­ age for the senior debt securities of ently outstanding First Mortgage and gate aniount of the advance, m atu ring Wasatch may be less than 300 percent not later than May 1, 1956, with interest Collateral Trust Bonds, 3% percent Se­ after the making of such guarantee. ries due 1977, except with respect to the at 5 percent per annum, together with Section 6 (c) of the act provides, a mortgage which will be a first lien on interest rate, redemption prices, and among other things, that the Commis­ maturity date thereof. The invitation the Barrett claims. Wasatch, Airfleets sion, by order u£on application, may con­ and San Diego propose to deliver to At­ for bids will specify that the amount to ditionally or unconditionally exempt any be received by the Company shall not las, in consideration of the Atlas ad­ person from any provision or provisions vance, their several guarantees of col­ be less than one hundred percent nor of the act or of any rule or regulation more than 102.75 percent of the princi­ lection of a portion of the advance thereunder, if and to the extent that such equivalent to the proportionate stock in­ pal amount thereof, and that the inter­ exemption is necessary or appropriate in est rate shall be a multiple of one-eighth terests in Lisbon of 32 percent, 16 per- the public interest and consistent with i cent and 16 percent, respectively. of one percent. the protection of investors and the pur­ The rights and preferences of the New Generally speaking, section 17 (a) of poses fairly intended by the policy and the act prohibits an affiliated .person of provisions of the act. Preferred Stock will be substantially oirglf tered investment company or any identical with those of the presently out­ Notice is further given that any inter­ standing 4 percent,. 3.70 percent, 4.28 affllmted person of such a person, from ested person may, not later than Novem­ 7®.m n g o r Purchasing from such reg- percent and 4.56 percent Preferred ber 30,1955, at 12:30 p. m., submit to the Stocks except with respect to the divi­ tered investment company or any com- Commission in writing any facts bearing p ny controlled by such registered in- dend rate and redemption prices thereof. upon the desirability of a hearing on the The invitation for bids will specify that vestment company, any securities or matter and may request that a hearing y’ sufeject to certain exceptions the amount to be received by the Com­ b? held,- such request stating the nature pany shall not be less than $100 per not here pertinent. The Commission of his interest, the reasons for such re­ Pon application, pursuant to section 17 share, nor more than $102.75 per share quest and the issues, if any, of fact or (plus accrued dividends), and that the nrm,— a.y grant an exemption from the law proposed to be controverted, or he E + iS r ? of seetion 17 (a) if it finds dividend rate shall be a multiple of 4- may request that he be notified if the hundredths of one percent (0.004 per­ tinnl -e ier,ms of the Proposed transac- Commission should order a hearing cent). nafls’ inciuding the consideration to be thereon. Any such communication or i i are reasonable and fair and do not request should be addressed : Secretary, A statement of the fees, commissions, S o l ? overreaching on the part of any and expenses to be paid in connection Securities and Exchange Commission with said transactions will be filed by K L C°nCerned' that the Proposed Washington 25, D. C. At any time after amendment. of if « ? 011 ls consistent with the policy said date, the application may be granted conrt™^eglstered investment company as provided in Rule N-5 of the rules and The net proceeds from the sale of said statement ’’ recited in its registration regulations promulgated under the act. (bonds and preferred stock will be applied and ^ aild rePorts filed under the act, toward the cost of the construction pro­ By the Commission. gram of the Company and its two sub­ the 8eneral pur- sidiaries, including the retirement of any [ s e a l ] Orval L. DtrBois, AiHWPr0p?sed transier by Wasatch, Secretary. bank loans incurred prior to the sale. The issuance and sale of said securities tivp inf8 and ®an Dieg0 of their respec- [P. R. Doc. 55-9387; Piled, Nov. 22, 1955; terests in the option agreement to are subject to the approval of the Public 8:47 a.m .] Service Commission of Delaware. 8650 NOTICES

The Company requests that the Com­ or transferred to Pall River the price liquefied petroleum gas in containers to mission’s order herein be made effective which can be paid for such, stock is its customers. not later than December 6, 1955. limited to its par value. Notice is further given that any in­ Notice is further given that any in­ The foregoing transactions have been terested person may not later than terested person may, not later than De­ expressly authorized by the Massachu­ December 1, 1955, at 5:30 p. m., request cember 5,1955, at 5:30 p. m., request the setts Department of Public Utilities and the Commission in writing that a hear­ Commission in writing that a hearing be it appears that no other commission, ing be held on such matter, stating the held on such matter, stating the nature other than this Commission, has juris­ nature of his interest, the reasons for of his interest, the reasons for such re­ diction over the proposed transactions. such request, and the issues, if any, of quest, and the issues of fact or law, if any, It is further stated that there are no fact or law proposed to be controverted; raised by said declaration which he de­ commissions, fees or expenses to be paid or he may request that he be notified sires to controvert, or he may request in connection with the proposed transac­ if the Commission should order a hear­ that he be notified if the Commission tions, except legal fees and expenses esti­ ing thereon. Any such request should should order a hearing thereon. Any mated in the aggregate at $1,600. It is be addressed: Secretary, Securities and such request should be addressed: Sec­ requested that the Commission’s order Exchange Commission, Washington 25, retary, Securities and Exchange Com­ herein become effective upon issuance. D. C. At any time after said date the mission, Washington 25, D. C. At any Notice of the filing of the declaration application, as filed or as amended, may time‘after said date said declaration, as having been duly given in the manner be granted, or the Commission may take filed or as amended, may be permitted to prescribed by Rule U-23, and no hearing such other action as it deems appro­ become effective as provided in Rule U-23 having been ordered by or requested of priate. of the Rules and Regulations promul­ the Commission; and the Commission By the Commission. gated under the act, or the Commission finding that the applicable provisions of the act and the rules thereunder are [ seal] O rval L. DuBois, may grant exemption from its rules as Secretary. provided in Rules U-20 (a) and U-100, satisfied; and that the declaration, as or take such other action as it may deem amended, should be permitted to become [P. R. Doc. 55-9390; Filed, Nov. 22, 1955; appropriate. effective forthwith: 8:48 a. m.] .It is ordered, Pursuant to Rule U-23 By the Commission. and the applicable provisions of the act, [ seal] Orval L. DuBois, that said declaration, as amended, be Secretary. and the same hereby is permitted to be­ [Pile Nos. 30-65, 70-3403] [F. R. Doc. 55-9388: Piled, Nov. 22, 1955; come effective forthwith, subject to the I nterstate P ower Co. et al. 8:47 a. m.] terms and conditions contained in Rule U-24. GRANTING OF APPLICATION FOR ORDER DE­ CLARING CESSATION AS HOLDING COMPANY By the Commission. N o v e m b e r 17,1955. [Pile No. 70-3399] [ seal] Orval L. D uB o is , Secretary. In the matter of Interstate Power P all R iver E lectric L ight Co. and Company, Pile No. 30-65; Interstate E astern U t il it ie s Associates [F. R. Doc. 55-9389; Filed, Nov. 22, 1955; Power Company, East Dubuque Electric 8:48 a. m.] Company, File No. 70-3403. ORDER REGARDING ISSUANCE OP COMMON Interstate Power Company (“Inter­ STOCK BY PU BLIC-U TILITY COMPANY AND state”), a registered holding company, ACQUISITION OP ITS EMPLOYEES’ STOCK having filed an application with the BY SAID COMPANY [Pile No. 30-236] Commission pursuant to section 5 (d) of N o v e m b e r 17, 1955. W estern K en tu cky Gas Co. the Public Utility Holding Company Act of 1935 requesting an order declaring Fall River Electric Light Company NOTICE OF FILING OF APPLICATION FOR that it has ceased to be a holding com­ (“Pall River”), a public-utility company, ORDER and its parent, Eastern Utilities Associ­ pany; and ates, a registered holding company, hav­ November 17,1955. The Commission finding that, pur­ suant to its order of September 26, 1955, ing filed with this Commission a declara­ Notice is hereby given that Western tion and amendments thereto pursuant in Pile No. 70-3403 (Holding Company Kentucky Gas Company (“Western. Act Release No. 12994), East Dubuque to sections 7 and 12 of the Public Utility Kentucky”), a registered holding com­ Holding Company Act of 1935 (“act”) Electric Company (“East Dubuque”) , the pany and a public utility company, has wholly-owned and sole subsidiary com­ and Rule U-42 promulgated thereunder filed an application with this Commis­ regarding the proposed transactions pany of Interstate, was completely liqui­ sion pursuant to section è (d) of the dated and dissolved as of, September 30, which are summarized as follows: Public Utility Holding Company Act of Pall River has outstanding 210,000 1955; that on September 30, 1955, cer­ 1935 (“act”) requesting àn order declar­ tificates for all of the outstanding capital shares of $25 par value common capital ing that it has ceased to be a holding ^;ock and 5,000 Shares of $10 par value stock of East Dubuque were surrendered company. by Interstate for cancellation and can­ employees’ stock. Each share of com­ On March 7, 1955, this Commission by mon capital stock is entitled to one vote celled in consideration of the distribu­ order permitted a declaration to become tion and transfer to Interstate byway of and ten shares of employees’ stock are effective regarding a proposed merger entitled to one vote. Pall River pro­ a final liquidating dividend of all of the into Western Kentucky of Shelbyville properties and assets of East Dubuque, poses to issue and sell up to 2,000 addi­ Gas Company (“Shelbyville”), a public tional shares of common capital stock subject to the assumption by Interstate utility subsidiary company. (Holding of all of East Dubuque’s obligations and and offer such shares to the holders of Company Act Release No. 12813.) On the employees’ stock for cash at the par liabilities; that on October 3, 1955, the October 10, 1955, Western Kentucky filed Secretary of State of the State of 1111" value thereof and to use the proceeds to a Certificate of Notification pursuant to purchase employees’ stock at the par nois issued a Certificate of Dissolution Rule U-24 wherein it is stated, inter alia, certifying to the dissolution of East value thereof. The offer will be made on that Shelbyville : has been formally dis­ the basis of two whole shares of com­ Dubuque, so that the existence of such solved and that a certificate of such dis­ corporation ceased; and that upon sue mon capital stock for five whole shares solution was issued on July 22, 1955, by of employees’ stock or multiples thereof. cessation of existence of East Dubuque, the Secretary of State of Delaware, the Interstate ceased to be a holding com­ According to the declaration there are State in which Shelbyville had been only thirty-five holders of employees’ pany; and organized. Notice of the filing of said application stock and, by reason of limitations pro­ It is stated by Western Kentucky that vided in Pall River’s by-laws prescribed having been duly given and n.° heading by authority granted in the General its only remaining subsidiary, Kengas, having been requested of or ordered y Laws of Massachusetts, such stock may Inc., is not a gas utility company within the Commission; and the Commissi not be transferred except to Pall River the meaning of the act, it being repre­ finding that the applicable provisions ox employees or the company and if sold sented that Kengas, Inc., distributes only the Act are met, that no terms and c Wednesday, November 23, 1955 FEDERAL REGISTER 8651 ditions need be imposed, and that the and those requiring special equipment, application should be granted forthwith: Virginia, Wisconsin and the District of between Baltimore, Md., and Philadel­ Columbia. , It is ordered, Pursuant to the provi­ phia, Pa., from Baltimore over U. S. sions of section 5 (d) of the act, that No. MC 2221 Sub 5, filed November 2 Highway 40 to junction U. S. Highway 1955, GROSSMAN & BEST, INCORPO­ Interstate has ceased to be a holding 13, thence over U. S. Highway 13 to Phil­ company. RATED, 710 Union St., Hudson, N. Y. adelphia, and return over the same Applicant’s attorney: John J. Brady, Jr., By the Commission. route, serving no intermediate points. 75 State St., Albany 7, New York. For R estriction: Service over the above- authority to operate as a common car­ [ se a l ] O rv a l L. D u B o i s , described route shall be restricted Secretary. rier, over irregular routes, transporting: against the handling of traffic moving (1) Household goods, as defined by the [F. R. Doc. 55-9391; Plied, Nov. 22, 1955; between two points, both of which are 8:48 a. m.] Commission, between Hudson, N. Y., and located east of points in the Pittsburgh, points within 35 miles of Hudson, N. Y., Pa., Commercial Zone as defined by the on the one hand, and, on the other! Commission. Applicant is authorized INTERSTATE COMMERCE points in Virginia, Connecticut, Massa­ to conduct operations in Colorado, Con­ chusetts, New Hampshire, New Jersey, COMMISSION necticut, Illinois, Indiana, Iowa, Kansas, New York, Pennsylvania, Rhode Island, Kentucky, Maryland, Massachusetts, [Notice 87] Vermont, Ohio, Delaware, Maryland, Michigan, Missouri, Nebraska, New Je r­ Indiana, and the District of Columbia, M o to r C a r r ie r A pplications sey, New York, Ohio, Oklahoma, Penn­ and (2) Pies, cakes and bread, from sylvania, Texas, Virginia, West Virginia N o v e m b e r 18, 1955. Hudson, N. Y., to Pittsfield, Mass., and and the District of Columbia. empty containers and cartons or other Protests, consisting of an original and No. MC 891 Sub 6, filed October 27, two copies to the granting of an applica­ such incidental facilities (not specified) 1955, GERARD MOTOR EXPRESS, used in transporting the commodities tion must be filed with the Commission INC., 10 Cherry Street, P. O. Box 328, within 30 days from the date of publica­ specified in this application on return. Terre Haute, Ind. Applicant’s attorney: Applicant is authorized to conduct oper­ tion of this notice in the F e d e r a l R e g ­ Robert H. Levy, 39 South LaSalle Street, ations in New York, Connecticut, Massa­ ister and a copy of such protest served Chicago 3, 111. For authority to operate on the applicant. Each protest must chusetts, New Hampshire, New Jersey, as a common carrier, transporting: Class New York, Pennsylvania, Rhode Island! clearly state the name and street num­ A, B and C explosives, serving Roy Cart­ ber, city and state address of each prot- Vermont, Ohio, Indiana, Delaware, age lot located on Caton Road approxi­ Maryland, and toe District of Columbia. estant on behalf of whom the protest is mately one-half mile west of U. S. filed (49 CFR 1.240 and 1.241). Failure No. MC 2229 Sub 75, filed November 8, Highway 66-A and approximately one 1955, RED BALL MOTOR FREIGHT to seasonably file a protest will be con­ and one-half miles north of the city INC., P. O. Box 3148, 1210 South Lamar strued as a waiver of opposition and par­ limits of Joliet, 111., as an off-route point ticipation in the proceeding unless an St., Dallas, Tex. Applicant’s attorney: in connection with carrier’s regular route Reagan Sayers, Century Life Building, oral hearing is held. In addition to operations between Chicago, 111., and Forth Worth, Tex. For authority to op­ other requirements of Rule 40 of the Terre Haute, Ind. Applicant is author­ erate as a common carrier, over a regu­ General Rules of Practice of the Com­ ized to conduct operations in Illinois and lar route, transporting: General com­ mission (39 CFR 1.40), protests shall in­ Indiana. modities, including Class A and B ex­ clude a request for a public hearing, if No. MC 2202 Sub 136, filed November plosives, but excluding those of unusual one is desired, and shall specify with 2, 1955, ROADWAY EXPRESS, INC., value, livestock, cotton, lumber, house­ particularity the facts, matters, and 147 Park Street, P. O. Box 471, Akron, hold goods as defined by the Commis­ things, relied upon, but shall not include Ohio. Applicant’s attorney: William O. sion, commodities in bulk, and those re­ issues or allegations phrased generally. Turney, 2001 Massachusetts Avenue, quiring special equipment, between Protests containing general allegations N. W., Washington 6, D. C. For author­ Amarillo, Tex., and Denver, Colo., over may be rejected. Requests for an oral ity to operate as a common carrier, over U. S. Highway 87, serving all intermedi­ hearing must be supported by an ex­ a regular route, transporting: G eneral ate points. Applicant is authorized to planation as to why the evidence cannot commodities, except those of unusual conduct operations in Arkansas, Louisi­ be submitted in forms of affidavits. Any value, Class A and B explosives, live­ ana, and Texas. interested person, not a protestant, de- stock, household goods as defined by the No. MC 13499 Sub 1, filed November 4, smng to receive notice of the time and Commission, commodities in bulk, and 1955 PACIFIC TRANSPORTATION Place of any hearing, pre-hearing con- those requiring special equipment, be­ LINES, INC., North Division, Spring and ierence, taking of depositions, or other tween Birmingham, Ala., and Cleveland, Eagle Streets, Buffalo, N. Y. for authority proceedings shall notify the Commission Tenn., over U. S. Highway 11, serving no to operate as a contract carrier, over by letter or telegram within 30 days from intermediate points, and with service irregular routes, transporting: Such m er­ tne date of publication of this notice in at junction points for the purpose of chandise as is dealt in by wholesale, re­ me F ederal R e g is t e r . joinder only, as an alternate route, for tail, and chain grocery and food business Except when the circumstances re­ operating convenience only, in connec­ houses, and, in connection therewith, quire immediate action, an application tion with carrier’s regular route opera­ equipment, materials, and supplies used thp ? ProYa1’ under Section 210a (b) of tions between Cleveland, Tenn., and in the conduct of such business, between of the temporary operations of Birmingham, Ala., operating as follows: points and places within the territory apmSJa-rner Pr°Perties sought to be from. Cleveland over U. S. Highway 60 bounded by a line beginning at Buffalo, quired in an application under Section to the Tennessee-Georgia State line, N. Y., and extending in a southwesterly in ^ m l not disposed of sooner than thence over Georgia Highway 71 to Dal­ direction along the shore of Lake Erie to from the date of publication of ton, Ga., thence over U. S. Highway 41 Erie, Pa., thence in a southeasterly direc­ is notice in the F ed er a l R e g is t e r . If to Calhoun, Ga., thence over Georgia tion through Union City to Tionesta, Pa., I R S * is received prior to action be­ Highway 53 to Rome, Ga., thence over thence east through Ridgway and Saint ll taken, it will be considered. U. S. Highway 27 to Cedartown, Ga., Marys to Renova, Pa., thence in a north­ thence over U. S. Highway 278 to Gads­ applications o f m o t o r c a r r ie r s o f easterly direction to Savona, N. Y., thence den, Ala., thence over U. S. Highway 411 PROPERTY east to Greene, N. Y., thence in a north­ to Saint Clair, Ala., and thence over easterly direction to Richfield Springs, 19^»° rtoc? ^ Sub 185, filed November 3, U. S. Highway 11 to Birmingham, and N. Y., thence north through Mohawak! 10th’ New Orleans Railroad Com­ value, Class A and B explosives, house­ stores. v . pany; (b) Shipments transported by hold goods as defined by the Commis­ carrier shall be limited to those which sion, commodities in bulk and those re­ No. MC 20783 Sub 30, filed November quiring special equipment, serving the 7, 1955, TOMPKINS MOTOR LINES, have a prior or subsequent movement by rail or water; (c) Carrier shall not serve site of the new plant of the General Mo­ INC., 1000 Third Avenue, North, Nash­ tors Corporation located on the south ville, Tenn-. Applicant’s attorney: James any point not a station on the railroad; (d) All contractual arrangements be­ side of U. S. Highway 30 North, 3 miles Clarence Evans, Third National Bank west of Mansfield, Ohio, as an off-route Building, Nashville 3, Tenn. For au­ tween said carrier and the railroad shall be reported to the Interstate Commerce point in connection with applicant’s thority to operate as a common carrier, regular route operations between Cleve- > over irregular routes, transporting: Commission and shall be subject to re­ vision if and as the Commission finds it land, Ohio, and Ashland, Ohio, as au­ Citrus products requiring refrigeration thorized in Certificate No. MC 59185 Sub but not frozen, from points in Florida to to be necessary in order that such ar­ rangements shall be fair and equitable 5. Applicant is authorized to conduct points in Ohio, Indiana, Illinois, Ken­ operations in Michigan and Ohio. tucky, Wisconsin, Minnesota, New York, to the parties; and (e) Such further spe­ cific conditions as the Commission, in No. MC 59185 Sub 16, filed November Pennsylvania, Maryland, West Virginia, 7, 1955, HIGHWAY EXPRESS; INC., Tennessee, Alabama, Georgia, South the future may find it necessary to im­ pose in order to restrict said carrier’s 2416 W. Superior Avenue, Cleveland, Carolina, North Carolina, Virginia, and Ohio. Applicant’s attorney: G. H. Dilla, Florida, and points in Michigan on or operation to ¡Service which is auxiliary to or supplemental of rail service. Appli­ 3350 Superior Avenue, Cleveland 14, south of Michigan State Highway, Route Ohio. For authority to operate as a 21. Applicant is authorized to conduct cant is authorized toponduct operations in Louisiana and Texas. common carrier, over irregular routes, operations in Tennessee, Georgia, North transporting: General commodities, ex­ Carolina, Alabama, Florida and South No. MC 39443 Sub 8, filed September 16 1955, (Amended), published October cept those of unusual value, Class A and Carolina. • • , B explosives, household goods as defined No. MC 25643 Sub 40, filed November 5, 1955 on page' 7405, RAY E. THOMP­ SON & SONS, INC., 4800 Broadway, by the Commission, commodities in bulk 7 1955, EVERTS’ COMMERCIAL and those requiring special equipment, TRANSPORT, INC., 920-18th PI., West, Quincy, 111. Applicant’s attorney: Mack Stephenson, First National Bank Build­ between Cleveland, Ohio, and the site Eugene, Oreg. Applicant’s attorney: of the new plant of the Chrysler Cor­ Earle V. White, 1401 Northwest 19th ing, Springfield, 111. For authority to operate as a common carrier, over irreg­ poration in or near Macedonia, Ohio. Avenue, Portland 9, Oreg. For author­ Applicant is authorized to conduct op­ ity to operate as a common carrier, over ular routes, transporting: Mineral mix­ ture for livestock and poultry feeding, erations in Michigan and Ohio. irregular routes, transporting: Phenol, No. MC 66562 Sub 1257, filed November in bulk, in tank vehicles, from points in animal feed and poultry feed, insecti­ Contra Costa County, Calif., to points in cides, (other than agricultural), anim al 10,1955, RAILWAY EXPRESS AGENCY, and poultry tonics and medicines, dry INCORPORATED, 219 East 42nd Street, Grays Harbor County, Wash. Appli­ New York 17, N. Y. Applicant’s attor­ cant is authorized to conduct operations earth paint, and advertising matter, be­ ney: William H. Marx, same address as in California, Oregon, and Washington. tween Quincy, 111., on the one hand, and, on the other, points in Monona, Craw­ applicant. For authority to operate as a No. MC29910 Sub 45, filed November 7, common carrier, over a regular route, 1955 THE ARKANSAS MOTOR ford, Carroll, Harrison, Shelby, Audubon, Pottawattamie, Cass, Adair, transporting: General commodities, in­ FREIGHT LINES, INC., 401 S. 11th, Fort cluding Class A and B explosives, moving Smith, Ark. Applicant’s attorney: Mills, Montgomery, Adams, Fremont, Page, and Taylor Counties, Iowa. Ap­ in express service, between Buffalo, N. Y., Thomas Harper, Kelley Bldg., Fort and Punxsutawney, Pa., from Buffalo Smith, Ark. For authority to operate as plicant is authorized to conduct opera­ tions in Illinois, Missouri, and Wisconsin. over New York Highway 210 to junction a common carrier, over regular routes, New York Highway 39, thence over New transporting: Asphalt, asphalt products, No. MC 52869 Sub 20, filed July 28, 1953, as amended, reopened, on the Com­ York Highway 39 to Springville, N. Y., lubricating oils and greases, from the thence over U. S. Highway 219 ,to DuBois, plant site of the Berry Asphalt Company mission’s own motion, for further hear­ ing, E. G. BALSAM, L. W. BALSAM, S. F. Pa., thence over U. S. Highway 119 to at Waterloo, Ark. to Hope, Ark. and Punxsutawney, and return over the same Camden, Ark., (1) from Waterloo over DeFRANCE, and V. L. DeFRANCE, doing business as BALSAM & DeFRANCE (now route, serving the intermediate points Arkapsas Highway 19 to junction Arkan­ of Orchard Park, Jewettville, Colden, sas Highway 4, and thence west over Ar­ reentitled NORTHERN TANK LINE), No. 8 S. 7th St., Miles City, Mont, Ap­ Springville, and Ellicottville, N. Y., ana kansas Highway 4 to Hope; (2) from Bradford, Ridgway, Brockway, DuBois, Waterloo to junction Arkansas Highway plicant’s attorney: Daniel G. Kelly, 12 N. Sixth St., Miles City, Mont.. For and Sykesville, Pa., and the off-route 4 as indicated above, and thence east over points of Salamanca, N. Y., and Mount Arkansas Highway 4 to Camden; equip­ authority to operate as a common car­ Jewett and Falls Creek, Pa. R e st r ic ­ ment, materials, and supplies used in the rier, over irregular routes, transporting: Petroleum products, in bulk, in tank t i o n : (a) The authority applied for is manufacture of the above commodities, subject to the condition that service to from Hope and Camden, Ark. over the vehicles, from Williston, N. Dak., and points within ten (10) miles thereof, to be performed shall be limited to above-specified routes to Waterloo, Ark. which is auxiliary to, or supplemental oi, Applicant is authorized to conduct op­ points in that portion of Montana on and east of a line beginning at a point air or railway express service; (b) snip- erations in Arkansas, Kansas, Missouri, ments transported by carrier shall oe Illinois, Louisiana, Texas, and Missis­ on the International Boundary of the limited to those moving on a througn on sippi. United States and Canada, near Willow of lading or express receipt, cover««» No. MC 30319 Sub 60, filed October 28,. Creek, Saskatchewan, Canada, and ex­ addition to the motor carrier movement 1955, SOUTHERN PACIFIC TRANS­ tending in a southernly direction to by carrier, an immediately prior or PORT COMPANY, a corporation, 810 N. Havre, Mont., thence along U. S. High­ mediately subsequent movement San Jacinto Street, P. O. Box 4045, way 87 through Great Falls, Lewistown, or rail; and (c) Such further specific Houston, Tex. For authority to operate conditions as the Commission in tneiu as a common carrier, over a regular and Billings, Mont., to the Montana- Wyoming State line. Applicant is au­ ture may find it necessary to impo route, transporting: General commodi­ order to restrict carrier’s operation ties, except those of unusual value, Class thorized to conduct operations in Wyo­ ming, Montana, North Dakota, and service which is auxiliary to, or s P A and B explosives, household goods as mental of, air or railway express serv defined by the Commission, commodities South Dakota. Wednesday, Novem ber 23, 1955 FEDERAL REGISTER 8653 \ Applicant is authorized to conduct oper- thorized to conduct operations in Ala­ distribution of natural gas and petro­ j ations throughout the United States. bama, Georgia, and Tennessee. No. MC 66562 SUB 1258, filed Novem­ leum, and their products and by-prod­ ber 10, 1955, RAILWAY EXPRESS No t e : Applicant states it proposes to tack ucts, between points in Oklahoma, Texas, the foregoing described routes to its present Kansas and Arkansas, on the one hand, AGENCY, INCORPORATED, 219 East authority. 42nd Street, New York 17, N. Y. Ap­ and, on the other, points in Tennessee! plicant’s attorney: William H. Marx, No. MC 87514 Sub 10, filed November Applicant is authorized to conduct opera­ same address as applicant. For author­ 9, 1955, NICHOLAS TUSO, JR ., doing tions in Arkansas, Illinois, Kansas, Loui­ ity to operate as a common carrier, business as INTER-STATE TRANSPOR­ siana, New Mexico, Missouri, Montana I transporting: General commodities, in­ TATION COMPANY, P. O. Box 55, Third North Dakota, South Dakota, Oklahoma cluding Class A and B explosives, mov­ and Chestnut Ave., Vineland, N. J. and Texas. ing in express service, serving Evans Applicant’s attorney: Wilmer A. Hill, No. MC 103880 Sub 160, filed November City, Pa., as an intermediate point, and Transportation Building, Washington 6,’ 7- 1955’ PRODUCERS t r a n s p o r t , | Mars, Pa., as an off-route point in con­ D. C. For authority to operate as a con­ I _0., 530 Paw Paw Ave., Benton Harbor) nection with applicant’s regular route* tract carrier, over irregular routes, Mich. Applicant’s attorney: Robert A operations between Pittsburgh, Pa., and transporting: Petroleum products, in Sullivan, 2606 Guardian Building, De­ | Butler, Pa. R e s t r i c t i o n : (a) The serv­ bulk, in tank vehicles, between Delaware troit 26, Mich. For authority to operate ice to be performed by carrier shall be City, Del. and points in New Jersey on as a common carrier, over irregular limited to service which is auxiliary to, and south of New Jersey Highway 33. routes, transporting: Liquid chemicals, or supplemental of, railway express serv­ Applicant is authorized to transport the and acids, in bulk, in tank vehicles, from ice; (b) Shipments transported by car­ named commodities from Philadelphia, points in the Chicago, 111., Commercial rier shall be limited to those moving on Marcus Hook, and Chester, Pa., and Zone, as defined by the Commission, to a through bill of lading or express re­ Claymont, Del. to the above-indicated points in Illinois.. Applicant is author­ ceipt covering in addition to the motor destination territory. ized to conduct operations in Illinois, carrier movement by carrier, an imme­ No. MC 96615 Sub 1, filed October 19, Indiana, Kentucky, Michigan, New York, diately prior or immediately subsequent 1955, L. H. DOOLITTLE, doing business Ohio, Pennsylvania, West Virginia, and Wisconsin. movement by air or rail; and (c) Such as DOOLITTLE TRANSPORTATION further specific conditions as the Com­ CO., 500 Dakota St., Seattle, Wash. No. MC 103993 Sub 59, filed November mission in the future may find it nec­ Applicant’s attorney: Elton B. Jones! 10, 1955, MORGAN DRIVE-AWAY, INC essary to impose in Order to restrict car- White-Henry-Sturart Bldg., Seattle 1, 509 Equity Bldg., Elkhart, Ind. Appli­ I rier s operation to service which is Wash. For authority to operate as a cant’s attorney r John E. Lesow, 632 Illi­ auxiliary to, or supplemental of, air or common carrier, over regular routes, nois Building, 17 W. Market Street, In ­ ! railway express service. Applicant is transporting: General commodities, ex­ dianapolis 4, Ind. For authority to oper­ authorized to conduct operations cept those of unusual value, Class A and ate as a common carrier, over irregular throughout the United States. B explosives, household goods, as defined routes, transporting: Trailers, designed No. MC 68078 Sub 15, filed November by the Commission, commodities in bulk, to be drawn by passenger automobiles, 7, 1955, CENTRAL MOTOR EXPRESS, and commodities requiring special equip­ by the truckaway method, in initial INC., 2909 South Hickory Street, Chat­ ment, between Seattle, Wash., and the movements, from points in California International Boundary between the (except Los Angeles County, Calif., La tanooga, Tenn. Applicant’s attorney; Habra and Costa Mesa, in Orange Coun­ E. Blaine Buchanan, James Building, United States and Canada at the port ty, and points in Riverside County, Calif., Chattanooga 2, Tenn. For authority to of entry of Sumas, Wash,, from Seattle, operate over U. S. Highway 99 to Bellingham, within four miles of Mira Loma, Calif., as a common carrier, over regu- but not excluding Riverside, Calif.) to lar routes, transporting: General com­ wash., thence over Washington High­ ways IB and 1A to Sumas, and return. points in the United States, and dam ­ modities, except those of unusual value, aged shipments of the above-specified Class a R estriction: Service herein is restricted ^ and B explosives, livestock, commodity on return movement. Ap­ Household to shipments moving to or from Terri­ goods as defined by the Com­ plicant is authorized to conduct opera­ mission, commodities in bulk, and thdse tories and possessions. of the United States. Applicant is authorized to con­ tions throughout the United States. requiring special equipment, (1) between No. MC 103993 Sub 60, filed November Cleveland, Tenn., and Knoxville, Tenn., duct operations in Washington, Idaho, 14, 1955, MORGAN DRIVE-AWAY, INC., jrom Cleveland over U. S. Highway 64 and Montana. No. MC 101126 Sub 39, filed November 509 Equity Bldg., Elkhart, Ind. Appli­ „ J ® ction u - S. Highway 411, thence cant’s attorney; John.E. Lesow, 632 Illi­ Highway 411 to Maryville, 7, 1955, STILLPASS TRANSIT COM- lenn., thence over Tennessee Highway PANY, INC., 4967 Spring Grove Avenue, nois Building, 17 W. Market St., Indian­ o to Knoxville, and return over the Cincinnati, Ohio. For authority to oper­ apolis 4, Ind. For authority to operate as a common carrier, over irregular '?® ei ° ute- (2) between Athens, Tenn. ate as a contract carrier, over irregular and Etowah, Tenn., from Athens over routes, transporting: Vegetable Oils and routes, transporting: Trailers, designed to be drawn by passengers automobiles, rPS SSee Hlghway 30 to Etowah, and blends thereof and vegetable oil prod­ return over the same route, (3) between ucts, in bulk, in tank vehicles, from Cin­ by the truckaway method, initial move­ ments, from Clearwater, Fla., to points in frnm f ’.uTenn-’ and Englewood, Tenn., cinnati, Ohio to Buffalo, Dunkirk and Tonawanda, N. Y. and empty containers the United States, and damaged ship­ tn hens Qver Tennessee Highway 39 ments of the above-specified commodity, rm!£S ?^00d’ and return over the same or other such incidental facilities used 4) between Sweetwater, Tenn., in transporting the commodities speci­ on return movement. Applicant is au­ thorized to conduct operations through­ w atJeUlCO plains> Tenn., from Sweet- fied on return. Applicant is authorized to conduct irregular route operations in out the United States. TeiHrn Tennessee Highway 68 to No. MC 109126, Sub 5, filed November rontp ^ !a!ns’ and return over the same Illinois, Arkansas, Iowa, Kansas, Ken­ tucky, Michigan, Minnesota, Missouri, 10, 1955, LA SALLE TRUCKING COM­ wavf’ioQ b®tween junction U. S. High- PANY, a corporation, Box 13037, 2317 waS 12f a? d 411 about six miles south- Nebraska, Ohio, Tennessee and Wis­ tSL* f Maryville, Jen n ., and the consin. Newton Avenue, San Diego 13, Calif. Applicant’s attorney: Phil Jacobson, 510 S T e: North Car°bna State line, No. MC 103066 Sub 10, filed November 10, 1955, VAN STONE, doing business West Sixth Street, Suite 723,* Los 411 nviUnirtl0n U’ S - Highways 129 and Angeles, Calif. For authority to operate nesspl m H lghw ay 129 to the Ten- as STONE TRUCKING CO., 1516 West 49th Street, P. O. Box 2014, Tulsa, Okla. as a common carrier, over irregular return'^ th *Carolina State llne* and routes, transporting: Liquid fertilizer, in between same route* and (6) Applicant’s attorney: W. T. Brunson, TermoJ1 ^ c^bee, Tenn., and junction Leonhardt Building, Oklahoma City! bulk, in tank vehicles, between points in Okla. For authority to operate as a Orange, Imperial, and Los Angeles wari2Qeef Highwa^ 72 and U. S. High- Counties, Calif., to ports of entry on the Highwav Mc° ? ee over Tennessee common carrier, over irregular routes, 129 anrt 72+to junction U. S. Highway transporting: Machinery, equipment, International Boundary line between the United State's and Mexico located at Serving J i GtUln over the same route, m aterials and supplies, used in, or in above^snoo! ir\termediate points on the or near San Luis, Ariz., and Mexicale, connection with the discovery, develop­ Tecate, Andrade, and Tijuana, Mexico. Tenn P c*?ed routes> except Benton, ment, production, refining, manufacture, ’ on itoute (1). Applicant is au- Applicant is authorized to conduct processing, storage, transmission, and operations in California. NOTICES 8654 bustion engines and parts therefor, when No. MC 110190 Sub 31, filed Novem­ No. MC 113979 Sub 1, filed September 14, 1955, MINER TRUCKING, INC- their transportation is incidental to the ber 9, 1955, PENN-DIXIE LINES, INC., transportation of farm tractors; and P. O. Box 42, 2000 So. George Street, North Creek, N. Y. Applicant’s attor­ ney: John J. Brady, Jr., 75 State Street, farm tractor show displays, and experi­ York, Pa. Applicant’s attorney: Robert mental farm tractors, from Waterloo, R. Hendon, Investment Building, Wash­ Albany 7, N. Y. For authority to operate as a contract carrier, over irregular Iowa, to points in New Mexico, Okla­ ington 5, D. C. For authority to oper­ homa, and Texas, and (2) farm machin­ ate as a common carrier, over irregular routes, transporting: Lumber, from points in Hamilton, Warren, and Essex ery; and experimental farm machinery, routes, transporting: Fresh citrus fruit and related parts thereof, when their sections and fresh fruit salad, in con­ Counties, N. Y., to points in Pennsyl­ vania, Massachusetts, Vermont, Connec­ transportation is incidental to the trans­ tainers unfrozen, requiring refrigera­ portation of farm machinery; and farm tion; and related advertising material, ticut, New Jersey,^New Hampshire and New York. machinery show displays, and experi­ from points in Florida to points in the mental farm machinery, from Ottumwa, District of Columbia, Maryland, Penn­ No. MC 114052 Sub 2, filed November 9, 1955, HOWARD CATENCAMP, doing Iowa, and points in Polk County, Iowa, sylvania, Delaware, New Jersey, and New to points in Oklahoma, Texas, Nebraska, York. Applicant is authorized to con­ business as CATENCAMP TRANSFER & STORAGE, 303 East Stephens, Shawano, Colorado, and New Mexico. Applicant duct operations in Pennsylvania, Mary­ does not presently hold any common land, Alabama, Georgia, Florida, New Wis. Applicant’s attorney: Claude J. Jasper, One West Main Street, Madison carrier authority from this Commission Jersey, Mississippi, Louisiana and Texas. but is authorized under Permit No. MC No. MC 111170 Sub 25, filed Novem­ 3, Wis. For authority to operate as a contract carrier, over irregular routes, 111326 to conduct contract carrier opera­ ber 9, 1955, WHEELING PIPE LINE, tions in Iowa, Uliriois, Wisconsin, Michi­ INC., P. O. Box 270, El Dorado, Ark. For transporting: Liquid glue, in bulk, in tank vehicles, from Shawano, Wis., to gan, and Indiana, and has application authority to operate as a common car­ pending in No. MC 115193 requesting rier, over irregular routes, transporting: points in Michigan, Ohio, Indiana, Illi­ nois, Iowa and Minnesota. conversion of said contract carrier au­ Petroleum and petroleum products, from thority to common carrier authority. Norphlet and El Dorado, Ark., to points Note: If and when-the authority requested No. MC 115197 Sub 2, filed November 7, in Warrick County, Ind., and points in herein is granted, Certificate No. MC 114052 should be cancelled. Applicant is author­ 1955, AMERICAN TRANSPORT, INC., Tennessee west of the Tennessee River. P. O. Box 683, Springfield, Mo. Appli­ Applicant is authorized to conduct op­ ized to conduct operations in Illinois, Iowa, Minnesota and Wisconsin. cant’s attorney: James F. Miller, 500 erations in Alabama, Arkansas, Louisi­ Board of Trade Bldg., 10th and Wyan­ ana, Mississippi, Missouri, Tennessee No. MC 114143 Sub 2, filed November 4, dotte, Kansas City 6, Mo. For authority and Texas. 1955, L. D. LAUGHLIN, doing business as to operate as a common carrier, over No. MC 111201 Sub 1, filed October 31, L. D. LAUGHLIN TRUCK COMPANY, irregular routes, transporting: Petro­ 1955, J . N. ZELLNER & SON TRANSFER Route 1, Cyril, Okla. Applicant’s attor­ leum and petroleum products, in bulk, COMPANY, P. O. Box 172, East Point, ney: Max G. Morgan, 443-54 American in tank vehicles, from the pipeline ter­ Ga. Applicant’s attorney: Reuben G. National Building, Oklahoma City 2, minal of the Cherokee Pipe Line located Crimm, 805 Peachtree Street Bldg., At­ Okla. For authority to operate as a approximately seven (7) miles northeast lanta 5, Ga. For authority to operate contract carrier, over irregular routes, of Mount Vernon, Mo., to Ava, Mo., and as a common carrier, over irregular transporting: Roofing asphalt, asphalt points in that part of Missouri bounded routes, transporting: W aste (by-products roof coating, and asphalt under-coating by a line beginning at the Missouri- of textile mills such as synthetic waste, m aterials, from Cyril, Okla., to points in Kansas State Line and extending along wool waste, and mixtures thereof), be­ Kansas, and those in Colorado located on U. S. Highway 36 to junction with U. S. tween points in Alabama, Georgia, North and east of U. S. Highway 87. Appli­ Highway 63, thence along U. S. Highway Carolina, South Carolina, and Ten­ cant does not presently hold any au­ 63 to junction with U. S. Highway 60, nessee. Applicant holds authority to thority from this Commission. thence along U. S. Highway 60 to the transport cotton waste between points in No. MC 114527 Sub 5, filed November 9, Missouri-Okl^homa State Line, thence the above-named states, and by this ap­ 1955, M. HARDY TRUCKING CO., A along the Missouri-Oklahoma State Line plication seeks no duplicating authority. Corporation, 2338 Delmonte Avenue, to the Missouri-Kansas State Line, and No. MC 112020 Sub 13, filed November Monterey, Calif. Applicant’s attorney: thence along the Missouri-Kansas State 4, 1955, COMMERCIAL OIL TRANS­ Marvin Handler, 465 California Street, Line to the point of beginning, including PORT, a corporation, 1030 Stayton San Francisco 4, Calif. For authority points on the indicated portions of the Street, Fort Worth, Texas. Applicant’s to operate as a common carrier, over highways specified. Applicant is au­ attorney: Leroy Hallman, First National irregular routes, transporting: Chrom e thorized to transport the above-named Bank Building, Dallas, Texas. For au­ ore and Chrome ore concentrates, from commodities as a contract carrier from thority to operate as a common carrier, the mill site of Bonnell Mining Co., named points in Kansas to Missouri. over irregular routes, transporting: Fats, approximately 14 miles northwest of Dual operations are involved. oils and greases, products and blends Coalinga, Calif., to Grants Pass, Oreg. No. MC 115251 Sub 1, filed November thereof, other than petroleum and petro­ Applicant is authorized to conduct op­ 4, 1955/ BENJAMIN A. COBB, Main leum products and blends thereof, be­ erations in California and Oregon. Street/New Milford, Pa. For authority tween points in Arkansas, Colorado, No. MC 114569 Sub 7, filed November to operate as a common: carrier over Iowa, Kansas, Louisiana, Missouri, Ne­ 3, 1955, SHAFFER TRUCKING, INC., irregular routes, transporting: Flag­ braska, Oklahoma, Texas, Illinois and Elizabethville, Pa. For authority to op­ stone, from points in Susquehanna Indiana. Applicant is authorized to con­ erate as a common carrier, over irregu­ County Pa., and those in Broome ana duct operations in Texas, Louisiana, Ar­ lar routes, transporting: Charcoal, from Delaware Counties, N. Y„ to White kansas, Oklahoma, and Kansas. points in Wiconisco Township, Dauphin Plains and Yonkers, N. Y. and points on No. MC 113666 Sub 1, filed November County, Pa., to Irvington, N. J . Long Island, N. Y. 9, 1955, ANDREW SMETANICK, B ox No. MC 115442 Sub 1, filed October lu, 215, Freeport, Pa. Applicant’s attorney: Note: Applicant has contract carrier, ir­ regular route authority in MC 55813 dated 1955, H. W. BUTLER, doing business Jerome Solomon, 1325-27 Grand Build­ May 19, 1954—Section 210 (dual operations) as BUTLER TRUCKING COMPANY, ing, Pittsburgh, Pa. For authority to may be involved. 801 N. Jefferson St., Milledgeville, Ga- operate as a contract carrier, over irreg­ Applicant’s attorney: Robert H. Green, ular routes, transporting: Brick, tile and No. MC 115193 Sub 1 (amended), filed 102 Sanford Bldg., Milledgeville, Ga. other clay products, and empty contain­ August 19, 1955, WARREN TRANS­ For authority to operate as a commo ers or other such incidental facilities PORT, INC., 213 Witry St., Waterloo, carrier, over irregular routes, transpor - used in transporting the commodities Iowa. Applicant’s attorney: Franklin R. ing: Clay products, such as sewer pipe, specified in this application, between Overmyer, Harris Trust Building, 111 flue lining, wall coping, farm drain ti , points in Armstrong County, Pa., and West Monroe St., Chicago 3, 111. For fire clay, and fire brick, from Milledge- points in West Virginia, Ohio, Michigan, authority to operate as a common car­ ville, Ga., Stevens Pottery, .Ga., ¡JJ* Maryland, New Jersey, Delaware, Vir­ Carrs Station, Ga. to points in Noruu ginia, District of Columbia, New York, rier, over irregular routes, transporting: (1) Farm tractors; and related farm Carolina, South Carolina, Florida, Aj Rhode Island, Connecticut and Massa­ bama, Tennessee, Mississippi, ana no chusetts tractor parts, and related internal com­ Wednesday, November 23, 1955 FEDERAL REGISTER 8655 | siana,* damaged shipments of the above- For authority to operate as a contract #2, Kendallville, Ind. For authority to indicated commodities on return. carrier, over irregular routes, transport­ No. MC 115520, filed August 15, 1955, operate as a contract carrier, over irregu­ ing: New and used store fixtures and lar routes, transporting: Bakery goods, MOTOR EXPRESS RENTALS CORPO- equipment, between New York, N. Y., on I RATION, ^141 West Jackson Boulevard, between River Forest, 111., on the one the one hand, mid, on the other, points hand, and, on the other, lakeside, Mich. Chicago, 111. For authority to operate in Fairfield, Litchfield and New Haven I as a contract carrier, over irregular South Bend, Elkhart, Warsaw, and Wol- Counties, Conn., points in Bergen, Essex cottville, Ind., and empty containers or routes, transporting: General commod- Hudson, Hunterdon, Middlesex, Mon­ [ ities, including household goods as de- other such incidental facilities (not mouth, Morris, Ocean, Passaic, Somerset, specified) used in transporting the com­ [ fined by the Commission, but excluding Sussex, Union and Warren Counties, articles of unusual value, Class A and modities specified in this application on N. J., and those in Dutchess, Orange, return. B explosives, commodities/in bulk, and Nassau, Putnam, Rockland, Suffolk, those requiring special equipment, and Ulster and Westchester Counties, N. Y. No. MC 115669, filed November 7, 1955 returned goods, dam aged goods and HOWARD N. DAHLSTEN, doing busi­ No. MC 115666, filed November 7, 1955 ness as DAHLSTEN TRUCK LINE, Clay articles returned for repair of the above- LELAND C. BIGGS and ALMA DUKE described commodities, between Denver, Center, Nebr. Applicant’s attorney: C. BIGGS, doing business as CHEM-HAUL- A. Ross, 1004-1005 Trust Building, Lin­ Colo., and points within 25 miles thereof, ERS, P. O. Box 245, Sheffield, Ala. Ap­ on the one hand, and, on the other, plicant’s attorney: John A. Reynolds, coln 8, Nebr. For authority to operate points on combined U. S. Highways 85 600-601 Mutual Building, Decatur, Ala. as a common carrier, over irregular and 87 between Littleton, Colo., and routes, transporting: Salt, and salt com ­ For authority to operate as a common pounds, from (1) Hutchinson, South Pueblo, Colo., including Colorado carrier, over regular routes, transport­ Springs, Colo., and points within ten Hutchinson, Kanopolis, and Lyons, ing: (1) Caustic soda, (a) from Sheffield, Kans., and points within 10 miles of each] (10) miles of each, as more fully de­ Ala., to Atlanta, Ga., operating over scribed in .the application. to points in Montana, and (2) from U. S. Highway 43 from Sheffield to junc­ Kanopolis, Kans., and points within 10 No. MC 115540, filed August 25, 1955, tion Alabama Highway 20, thence over j GORDON A. BLANEY AND CRYSTOL miles of Kanopolis to points in North Alabama Highway 20 to Decatur, Ala., and South Dakota, and empty contain­ L. BLANEY, doing business as GREY- thence over U. S. Highway 31, to Cull­ BULL TRANSFER, 631 Greybull Avenue, ers or other such incidental facilities man, Ala., and thence over U. S. High­ (not specified) used in transporting the Greybull, Wyo. Applicant’s attorney: way 278 to Atlanta, Ga., serving no in­ Jerome Anderson, Electric Building, commodities specified in this application termediate points, (b) from Sheffield, on return. Billings, Mont. For authority to oper­ Ala., to Canton, Ga., operating over route ate as a common carrier, pver irregular No. MC 115670, filed November 7, 1955, described under (1) above from Sheffield DAVID C. TRUE, doing business as, routes, transporting: (1) Drilling muds, to Rockmart, Ga., thence over Georgia bentonite,- chem icals, and other lost Highway 113 to Cartersville, Ga., thence DAVIS TRUCKING COMPANY, Spring- circulation m aterials, in bulk, in con­ field, Term. Applicant’s attorney: Wil­ over U. S. Highway 411 to junction liam H. Crabtree, 405 Stahlman Build­ tainers, in dump trucks, or in tank vehi­ Georgia Highway 20, and thence over cles, used in drilling and maintaining ing, Nashville 3, Tenn. For authority to Georgia Highway 20 to Canton, serving operate as a contract carrier, over irreg­ wells for the discovery, development, and no intermediate points, and (c) from production of natural gases and petro­ ular routes, transporting: Farm imple­ Sheffield, Ala., to Gainesville, Ga., oper­ ments and farm machinery, from New leum, and (2) portable storage build­ ating over routes described under (1) and ings, commonly referred to as “mud Holland, Pa., to points in Davidson, Rob­ (2) above from Sheffield to Canton, Ga., ertson, Montgomery, Sumner, Macon, houses”, utilized at well sites for the thence over Georgia Highway 20 to Cum­ storage of drilling muds, bentonite, Wilson, Bedford, Rutherford, Lincoln, mings, Ga., thence over U. S. Highway 19 Giles, Lawrence, Maury, Williamson] chemicals, and other lost circulation ma­ to junction Georgia Highway 141 at or terials used in drilling and maintaining Lewis, Benton, Decatur and Marshall near Coal Mountain, Ga., and thence Counties, Tenn. wells for the discovery, development, and over Georgia Highway 141 to Gainesville, production of natural gases and petro­ serving the intermediate point of Can­ APPLICATIONS OF MOTOR CARRIERS leum, between Greybull, Wyo., and ton, Ga., and (2) empty containers or OF PASSENGERS points within ten (10) miles thereof, on other such incidental facilities (not spec­ No. MC 1501 Sub 111, filed October 24, the one hand, and, on the other, points ified) used in transporting caustic soda, in Montana. 1955, THE GREYHOUND CORPORA­ over the above described routes, as re­ TION, 2600 Board of Trade Building, No. MC 115608 Sub 1, filed November turn movements (a) from Atlanta, Ga. L 1955, LESTER THIEL AND LEON- Chicago 4, 111. Applicant’s attorney: to Sheffield, Ala., serving no intermediate Edmund M. Brady, Guardian Building, GÓRECKI, doing business as points, (b) from Canton, Ga. to Shef­ TEMPCO DISTRIBUTING CO., 1006 Detroit 26, Mich. For authority to op­ field, Ala., serving no intermediate erate as a common carrier, over a regular couth 15th St.,; Manitowoc, Wis. Ap­ points, and (c) from Gainesville, Ga., to plicant’s attorney: Arden A. Muchin, route, transporting: Passengers and Sheffield, Ala., serving the intermediate their baggage, in the same vehicle with first Floor Union Building, 1004 Wash­ point of Canton, Ga. Applicant does not ington st., Manitowoc, Wis. For author- passengers, and express, newspapers, and presently hold any authority from this m ail, between Harrisburg, 111., and junc­ ^o operate as a common carrier, over Commission. rreguiar routes, transporting: Item s tion Illinois Highways 145 and U. S. Np. MC 115667, filed November 7, 1955, Highway 45, from Harrisburg over Illi­ maae of Styrofoam or expanded polys­ ARROW TRANSFER CO., LTD., Gran­ tyrene and combined with other mate- nois Highway 34 to junction Illinois ville Island, Vancouver, British Colum­ Highway 145, thence over Illinois High­ resulting in snow balls, canes, bia, Canada. Applicant’s attorneys: J ™ blocks, crosses, floral wreaths way 145 to junction U. S. Highway 45, George R. LaBissoniere, 835 Central serving no intermediate points. Appli­ “ecorati°ns, table center-pieces, Bldg., Seattle 4, Wash., and J. Stewart J ,,,oam snow and decorative items of cant is authorized to conduct operations Black, 1322 Laburnum St., Vancouver 9, throughout the United States. ,Z f0am which we used to form fig- British Columbia, Canada. For author­ lh L 0r dlsplaVs> and instruction pam- No. MC 1501 Sub 113, filed November ity to operate as a common carrier, over 7, 1955, THE GREYHOUND CORPORA­ wieis, from Manitowoc, Wis., to irregular routes, transporting: Heavy P1-’ anc* supplies consisting of TION, a corporation, 2600 Board of Trade m achinery and commodities which be­ Building, Chicago 4, 111. Applicant’s J „ t lcate* styrofoam, styrofoam cause of their size or weight require the vianks, corrugated cartons, set-up boxes representative: J. D. Segal, Comptroller, use of special equipment, handling, or Florida Greyhound Lines, (Division of oln^C°r!'t^tners’ ribbons> hangers, tinsel, rigging, between the United States- iteZ alls’ seaains, pine and similar the Greyhound Corporation), P. o. Box Canada International Boundary at or 329, Jacksonville 1, Fla. For authority return movement. near Blaine, Wash, and Lynden, Wash, Barm^ L 11^655, filed November 1,1955, to operate as a common carrier, over a and at or near Eastport, Idaho and Port- regular route, transporting: Passengers THE rhttt r^ERCH> doing business as hill, Idaho, on the one hand, and, on the and their baggage, and newspapers, ex­ S OMPANY, 44 West 143rd other, Portland, Oreg. and points in press, and mail, in the same vehicle with resentn?6W ^ or^> N. Y. Applicant’s rep- Washington. passengers, between Childs Junction, East 4n ? r L Gharles H- Trayford, 155 No. MC 115668, filed November 7,1955, 40th Street, New York 16, N. Y. Fla. (junction of U. S. Highway 27 and WARREN G. HARDING, Rural Route Florida Highway 70 one mile east of 8656 NOTICES Kans., restricted to traffic moving to and Grounds for relief: Rail competition, Childs, F la .), and Miami, Fla., over U. S. circuity, market competition, and change Highway 27, serving all intennediate from points other than Kansas City, Mo. Vendee holds no authority from the In ­ in minimum weight. points including Venus Junction, Fla. Tariff: Supplement 6 to Agent Span- Applicant is authorized to conduct op­ terstate Commerce Commission. Appli­ cation has not been filed for temporary inger’s I. C. C. 1476. erations throughout the United States, FSA No. 31327: Mixed freight between including the District of Columbia. authority under Section 210a (b). No. MC-F 6134. Authority sought for points in Western Trunk Line Territory. APPLICATIONS UNDER SECTION 5 (2 ) AND control by R. A. BROWN, Post Office Filed by W. J. Preuter, Agent, for in­ 210a (b) Box 248, Bettendorf, Iowa; C. F. ILES, terested rail carriers. Rates on gro­ No. MC-F 5755, published in the Au­ 1101 Grand Avenue, Des Moines, Iowa; ceries, general store supplies, and freight, and H. E. McKINNEY, 1312 Grand Ave­ all kinds, carloads, from points in Illi­ gust 11, 1954, issue of the F e d e r a l R e g ­ nois, Indiana, Missouri, and Wisconsin i s t e r on page 5076. Amendment filed nue, Des Moines, Iowa, of the operating November 8,1955, to substitute M and M rights and property of DYER-O’HARE to points in Iowa, Kansas, Missouri, and OIL AND TRANSPORTATION, INC., as HAULING CO., St. Louis, Mo. Appli­ Nebraska. vendee in lieu of S. A. MARKLEY and cants’ attorney, Rex H. Fowler, 510 Cen­ Grounds for relief: Circuity and to LOREN Q. MARKLEY, doing business tral National Building, Des Moines 9, maintain grouping. Iowa. Operating rights sought to be FSA No. 31328: Various commodities as M. & M TRUCK COMPANY OF from Illinois and Iow a to the South. WYOMING. controlled: Such merchandise as is dealt No. MC-F 6096 published in the Octo­ in by wholesale, retail and chain grocery Filed by R. G. Raasch, Agent, for inter­ ested rail carriers. Rates on various ber 19, 1955, issue of the F e d e r a l R e g ­ and food business houses, and, in con­ equipment, materials, commodities, carloads from points in i s t e r on page 7893. Supplemental nection therewith, application filed November 10, 1955, to and supplies used in the conduct of such' Illinois and Iowa to points in southern business, as a CONTRACT r CARRIER territory. show joinder in application of ROGERS Grounds for relief: Rail competition CARTAGE COMPANY OF INDIANA, over irregular routes, between points INC., as a person in control of TEXAS- within the territory bounded by a line and circuity. beginning at Cairo, HI., and extending FSA No. 31329: Various commodities ARIZONA MOTOR FREIGHT, INC. from, to, and between the Southwest. MC-F 6132. Authority sought for pur- in a northeasterly direction to Mt. Car­ mel, HI., thence north through Law- Filed by F. C. Kratzmeir, Agent, for in­ shase by SHAW TRANSPORTATION, terested rail carriers. Rates on various INC., 710 W. 2nd Street, Hutchinson, renceville to Gilman, HI., thence west to Galesburg, HI., thence in a southwesterly commodities, carloads from, to, and be­ Kans., of the operating rights of F. M. tween points in southwestern territory. COLEMAN, doing business as COLEMAN direction to Quincy, HI., thence in a TRANSFER & STORAGE CO., 515 East northwesterly direction to Unionville, Grounds for relief: Rail competition 2nd Street, Hutchinson, Kans., and for Mo., thence south to Springfield, Mo., and circuity. and thence east to Cairo, including the FSA No. 31330: Various commodities acquisition by W. C. SHAW AND Wm. from Official Territory to South. Filed C. SHAW, JR ., of control of said op­ points named; between points and places in the above-specified territory, oh the by C. W. Boin, Agent, for interested rail erating rights through the purchase. carriers. Rates on various commodities, Applicants’ attorney: James F. Miller, one hand, and, on the other, Terre Houte, Ind., and Keokuk, Iowa. Appli­ carloads from points in official territory 500 Board of Trade Building, Kansas cants are members of two partnerships City, Mo. Operating rights sought to be to points in southern territory. operating under the trade names of Iowa Grounds for relief: Rail competition transferred: General commodities, with Film Delivery and Meadows Transfer certain exceptions, not including house­ and circuity. Company, which together are authorized FSA No. 31331: Paper boxes from Gas­ hold goods, as a COMMON CARRIER to operate in Iowa, Illinois, Nebraska, over a regular route, between Hutchin­ tonia, N. C. Filed by R. E. Boyle, Jr., Missouri and Indiana. Application has Agent, for interested rail carriers. Rates son, Kans., and Wichita, Kans., serving been filed for temporary authority under on boxes, corrugated; covers, corrugated; the intermediate points of Maize, Col- Section 210a (b). and fillers, partitions or wrappers, car­ wich, Andale, Mt. Hope, and Haven, loads from Gastonia, N. C., to points in Kans. Vendee is authorized to operate By the Commission. in Kansas and Missouri. Application , official and Hlinois territories. [ s e a l ] H aro ld D. M cC o y , Grounds for relief: Short-line distance has not been filed for temporary author­ Secretary. formula, circuity, and market competi­ ity under Section 210a (b) . NO. M C-F 6133. Authority sought for [F/ R. Doc. 55-9385; Filed, Nov. 22, 1955; tion. Tariff: Supplement 90 to A g e n t Span- purchase by THE KAW VALLEY BUS 8:47 a. m.] inger’s I. C. C. 1349. LINES, INC., 1709 Minnesota Ave., Kan­ FSA No. 31332 -. Sulphuric acid from sas City, Kans., of the operating rights Baton Rouge and North Baton Rouge, and property of KANSAS CITY, KAW F o u r t h S e c t io n A pplications f o r R e l i e f La. Filed by R. E. Boyle, J r . ; Agent, for VALLEY RAILROAD, INC., doing busi­ N o v e m b e r 18, 1955. interested rail carriers. Rates on sul­ ness as KAW VALLEY STAGES, 1709 Protests to the granting of an applica­ phuric acid, tank-car loads from Baton Minnesota Ave., Kansas City, Kans., and tion must be prepared in accordance with Rouge and North Baton Rouge, La., to for acquisition by R. P. JOHNSON, H. F. Rule 40 of the General Rules of Practice Albany, Ga., Biltmore, N. C., Celriver, JOHNSON, MARTHA M. JOHNSON, (49 CFR 1.40) and filed within 15 days S. C., and Fernandina, Fla. HAZEL P. JOHNSON, and CRESCENT from the date of publication of this notice Grounds for relief: Circuity and mar­ OIL, INC., all of Kansas City, of con­ in the F e d e r a l R e g is t e r . ket competition. trol of such operating rights and prop­ LONG-AND-SHORT HAUL Tariff: Supplement 103 to Agent Span- erty through the purchase. Applicant’s inger’s I. C. C. 1357. attorneys: Carll V. Kretsinger, 1014-18 FSA No. 31325: Cast iron borings from FSA No. 31333: Sulphuric acid from Temple Bldg., Kansas City, Mo., and Columbus, Ohio, to Brooklyn, N. Y. Filed New Orleans, La. Filed by R. E. B