1 9 3 4 c f P VOLUME 23 ^ A ffTED ^ NUMBER 78 Washington, Saturday, April 19, 1958
TITLE 6— AGRICULTURAL CREDIT 2. Section 421.2339 is amended by add CONTENTS ing a new paragraph (g) to provide that Chapter IV— Commodity Stabilization if the warehouseman furnishes a state Agricultural Marketing Service Pa8® Service and Commodity Credit Cor* ment as provided in § 421.2338 (g) the Rules and regulations: poration, Department of Agriculture numerical grade and grading factors of Limitations of handling: the corn to be delivered must be shown Lemons, California and Ari Subchapter B— Loans, Purchases, and Other on the supplemental certificate. The Operations zona______2588 new paragraph (g) reads as follows: Oranges, Valencia, Arizona [1957 O. C. C. Grain Price Support Bulletin and designated part of Cali 1, Supp. 1, Arndt. 2, Corn] § 421.2339 Warehouse receipts. * * * (g) I f the warehouseman has fur fornia______258$ P art 421—G rains and R elated nished a statement as provided in Limitations of shipments: Commodities § 421.2338 (g ), the supplemental certifi Grapefruit______2586 Oranges______2587 Subpart— 1957-Crop Corn Loan and cate must show the numerical, grade, Tomatoes, Florida; meaning of P urchase A greement P rogram grading factors and the weight -of the corn to be delivered. Where the grade, “producer” ______2588 eligible corn; warehouse receipts grading factors or the weight of the corn Agricultural Research Service The regulations issued by the Com shown on the supplemental certificate do Rules and regulations: modity Credit Corporation and the Com not agree with the warehouse receipt, Hog cholera, swine plague, and modity Stabilization Service published the entries shown on the supplemental other communicable swine in 22 P. R. 5521, 8&71, and 23 P. R. 207 certificate shall take precedence for the diseases; changes in areas containing the specific requirements of purpose of making loans and for settle quarantined______2589 ment of loans and purchase agreements. the 1957-crop com price support pro Agriculture Department gram are hereby amended as follows: (Sec. 4, 62 Stat. 1070, as amended; 15 U. S. C. See also Agricultural Marketing 714b) 1. Section 421.2338 is amended by add Service; Agricultural Research ing a new paragraph (g) to provide that Issued this 11th day of April 1958. Service; Commodity Credit Cor corn containing in excess of 13.5 percent poration; Commodity Stabiliza moisture stored in. an approved ware [ s e a l ] C lar en c e D . P a l m b y , * tion Service. , house under loan or purchase agree Acting Executive Vice President, Notices: Commodity Credit Corporation. ment and otherwise meeting eligibility Administrator, Agricultural Re requirements is eligible for price sup [F, R. Doc. 58-2947; Filed, Apr. 18, 1958; search Service; delegation of port if a statement is furnished by the 8:55 a. m.} authority to negotiate con warehouseman. The new paragraph (g) tra c ts ^ New York and Penn reads as follows: sylvania______2621 § 421.2338 Eligible com. * * * [1958 C. C. C. Cottonseed Bulletin 1] Alien Property Office (g> Corn when placed under a ware- Notices: house-storage loan or delivered from P art 443— O ils e e d s Vested property, intention to approved warehouse storage under a pur SUBPART— 1958 COTTONSEED LOAN PROGRAM return: chase agreement containing in excess of Roth, Julia______2632 13.5 percent moisture, shall not be eli This bulletin states the requirements Winterhalder, Wilhelm Karl_ 2632 gible, except that eorn represented by with respect to loans under the 1958 Cot warehouse receipts which indicate that tonseed Price Support Program formu Atomic Energy Commission the corn is ineligible because of moisture lated by Commodity Credit Corporation Notices: content only, will be eligible if the ware (hereinafter referred to as CCC) and the General Electric Co.; proposed houseman certifies on the supplemental Commodity Stabilization Service (here issuance of facility license___ 2622 certificate or on a statement attached to inafter referred to as CSS). A separate Grossman, Cornell; notice of the warehouse receipt that corn of 13.5 bulletin (or bulletins) will cover pur application______2622 percent moisture or less will be delivered chases of cottonseed under the 1958 Cot Civil Aeronautics Board substantially as follows: “ On com con tonseed Price Support Program. The Notices: , taining in excess of 13.5 percent moisture program will be carried out by CSS un Pan American World Airways, delivery will be made of com grading der the general supervision and direction Inc., and Northwest Airlines, r*0, - — — with — —_ percent moisture of the Executive Vice President, CCC. Inc.; Pacific Northwest-Ha- m an amount o f ------bushels, which waii renewal case; prehearing epresents the actual quantity obtained Sec. conference.______2624 443.1401 Administration. alter drying the com and no lien for 443.1402 Availability of loans. Rules and regulations: processing will be claimed by the ware 443J.403 Eligible producer. 1957 annual airworthiness re houseman from the Commodity Credit 443.1404 Eligible cottonseed. view, miscellaneous amend c ^ Poration or any subsequent holder of 443.1405 Approved storage. ments resulting from: said warehouse receipt.” (Continued on p. 2581) Aircraft engine airworthi ness— ;______2594 2579 2580 RULES AND REGULATIONS
CONTENTS— Continued „ / CONTENTS—Continued Civil Aeronautics Board— Con. Pas» Federal Communications Com- Pase FEDERAimREGISTER Rules and regulations— Con. mission— Continued \ I « 4 ,-oT 1957 annual airworthiness re Rules and regulations: view, miscellaneous amend Frequency allocations and radio ments resulting from—Con. treaty matters; general rules Irregular air carrier and off- and regulations; reaUocation Published'dally, except Sundays, Mondays, route rules._____- ______2595 of certain fixed, land mobile, and days following official Federal holidays, Rotocraft airworthiness: and maritime mobile bands by the Federal Register Division, National Archives and Records Service, General Serv Normal category______2592 between 25 and 470 Me______2601 ices Administration, pursuant to7 the au Transport category______2592 Stations on shipboard in mari thority contained in the Federal Register Act, Scheduled air carrier opera time services; frequencies for approved July 26, 1935 (49 Stat. 500, as tions outside continental working______2602 amended; 44 U. S. C., ch. 8B ), under regula limits of U. S., certification tions prescribed by, the Administrative Com and operation rules______2595 Federal Crop Insurance Cor mittee of the Federal Register, approved by Scheduled interstate air car poration the President. Distribution is made only by Rules and regulations: the Superintendent of Documents, Govern rier certification and opera ment Printing Office, Washington 25, D. C. tion rules______-______2594 Cotton; Federal crop insurance, The Federal Register will be furnished by Civil Service Commission 1958 and succeeding crop mail to subscribers, free of postage, for $1,50 Rules and regulations: years______2586 per month or $16.00 per year, payable in advance. The charge for individual copies Competitive service, exceptions Federal Maritime Board (minimum 15 cents) varies in proportion to from: Notices: the size of the issue. Remit check or money General Services Administra Agreements filed for approval: order, made payable to the Superintendent tion.______2585 Trans-Pacific Freight Confer- of Documents, directly to the Government Labor Department______2585 ence of Japan, member Printing Office, Washington 25, D. C. lines______2621 The regulatory material appearing herein Coast Guard Is keyed to the Code op Federal Regulations, Rules and regulations: Ward Garcia, S. A., et al_ 2621 which is published, under 50 titles, pursuant Inspection requirements; mis ,____ Federal Power Commission to section 11 of the Federal Register Act, as cellaneous amendments______amended August 5, 1953. The Code op F ed 26M Notices: eral R egulations is sold by the Superin Commerce Department Hearings, etc.: tendent of Documents. Prices of books and See also Federal Maritime Board. r Cox, Edwin L., et al_I______._ 2626 pocket supplements vary. Notices: \G len Rose Gasoline Co___ 2624 - There are no restrictions on the re Financial interests, statements Hope Natural Gas Co. and publication of material appearing in the of changes in: Equitable Gas Co______2625 Federal Register, or the Code op Federal Larsen, Harold______2622 Monsanto Chemical Co_____._ 2625 R egulations. Spraggon, John H______2622 Sinclair Oil & Gas Co______2626 Commodity Credit Corporation Sinclair Oil & Gas Co. et al._ 2624 Notices: FederaETrade Commission CFR SUPPLEMENTS Contracting officers; delegation Rules and regulations: (As of January 1, 1958) of authority to execute certain Cease and desist orders: documents______-______2621 Helene Curtis Industries, Inc_ 2595 The following Supplements are now Rules and regulations: Piedmont Products Co., Inc., available: Corn; 1957-croi> loan and pur et al______. 2596 chase agreement program____ 2579 sea Isle Sportswear, Inc., Title 7, Parts 900 to 959 ($1.00) Cottonseed: et al______2596 Titles ^22-23, Rev. Jan. 1, 1958 Loan program, 1958-______2583 Housing and Home Finance ($4.25) Purchase program, 1958------Commodity Stabilization Service Agency Titles 28-29 J$1.50) Public Housing Administra Proposed rule making: See Previously announced: Title 3, 1957 Supp. Tobacco; formulation of regula tion. ($0.40); Titles 4 -5 ($1.00); Title 8, Rev. tions relating. to marketing, Indian Affairs Bureau Jan. 1, 1958 ($3.25); Title 9 ($0.75); collection of marketing penal Proposed rule making: Titles 10-13 ($1.00); Title 17 ($0.65); ties, and records and reports, Individual Indian money ac- Title 18 ($0.50); Title 20 ($1.00); Titles 1958-59 marketing year______30-31 ($1.50); Title 32, Parts 700-799 2611 counts___- ______2610 ($0.60), Part 1100 to end ($0.50); Titles Federal Communications Com San Carlo§ Indian Reservation 3 5 -3 7 ($1.00); Title 39 ($0.60); Titles mission Irrigation Project, Ariz.; op 4 0 -4 2 ($1.00); Title 43 ($0.70); Title 46, eration and maintenance Notices: X charges______2611 Parts 1-145 ($0.75), Parts 146-149, Rev. Hearings., etc.: Jan. 1, 1958 ($5.50); Title 49, Part 165 Capitol Broadcasting Co. to end ($0.75) Interior Department (WJTV)__.______2623 see also Indian Affairs Bureau; Order from Superintendent of Documents, Century Radio Corp____- ___ 2624 Land Management Bureau. Government Printing Office, Washington Entertainment Service, Inc., Notices : 25, D. C. et al______2624 Land Management Bureau ; del Hardin County Broadcasting egation of authority in con- Co______2624 nection with lands and re Oklahoma Television Corp. CONTENTS— Continued sources _ 2621 ." .. 5 et al______2623 . Riverside Church in the City Internal Revenue Service Civil Aeronautics Board— Con. PaS® of New York and Hunting- Rules and regulations: Rules and regulations— Con. ton-Montauk Broadcasting Procedure and' administration; 1957 annual airworthiness re Co., Inc______.X______2623 miscellaneous amendments__ 2597 view, miscellaneous amend Statement of organization; mis ments resulting from—Con. cellaneous amendments._____ 2623 faterctate Commerce Commis Airplane airworthiness: Proposed rule making: sion Normal, utility, and acro- Clear channel broadcasting in Notices: batic categories______. 2589 standard broadcast band; Fourth section applications for Transport categories—... . 2599 further notice______...... 2612 relief______2631 Saturday, April 19, 1958 FEDERAL REGISTER 2581
Sec. CONTENTS— Continued CODIFICATION GUIDE— Con. 443.1406 Approved forms. 443.1407 Determination of quantity. Justice Department Page Title 6 443.1408 Liens. See Alien Property Office. Chapter IV : 443.1409 Service charges. Part 421______— 2579 443.1410 Setoffs. Labor Department 443.1411 Interest rate. See Wage and Hour Division. Part 443 (2 documents)----- 2579,2583 443.1412 Transfer of producer’s equity. Title 7 443.1413 Safeguarding of the cottonseed. Land Management Bureau 443.1414 Insurance. Notices: Chapter IV: Part 401______2586 443.1415 Loss or damage to the cottonseed« Wÿoming; opening of public 443.1416 Personal liability. lands___ ------2621 Chapter VII : 443.1417 Maturity and liquidation of loans. Rules and regulations : Part 723 (proposed)------2611 443.1418 Release of the cottonseed under Public land orders : Part 725 (proposed) ..2 ------2611 loan. Alaska______4------— 2602 Part 727 -(proposed)______2611 443.1419 Loan and settlement rates. Arkansas and Missouri------2604 Chapter IX : 443.1420 Cooperative marketing associa tions. Utah_____2603 Part 922.------~ 2586 Part 933 (2 documents)____ 2586, 2587 Au tho rity: §§443.1401 to 443.1420 issued Public Housing Administration Part 945______•______2588 under sec. 4, 62 Stat. 1070, as amended; 15 Notices: Part 953_____—______T------2588 U. S. C. 714b. Interpret or apply sec. 5, 62 Secretary to Director of Office Stat. 1072, secs. 301, 401, 63 Stat. 1063, 1054, Services Branch; delegations Title 9 as amended; sec. 203, 70 Stat. 212; 15 U. S. C. of final authority___2627 Chapter I: 714c, 7 U. S. C. 1447, 1421, 1446d. Part 76______2589 Securities and Exchange Com § 443.1401 Administration. In the Title 14 field, the program will be administerd mission Chapter I : through Agricultural Stabilization and Notices: Conservation (hereinafter referred to as Hearings, etc.: Part 3______2589 Part 4 b______-______- 2590 “ASC”) State and county committees Paramount Motors Corp------2627 (hereinafter referred as as “State” and Salesology, Inc------_ 2626 Part 6______— ------—— 2992 Part 7______Î2------2592 “ county committees” ) and the CSS Small Business Administration Part 13____ 2594 Commodity Office located at Wirth Notices: Part 40______— ------2594 Building, 120 Marais Street, New Orleans Disaster areas, declarations of: Part 41______— 2595 16, Louisiana (hereinafter referred to as California (2 documents)____ 2628, Part 42______-______•------2595 “ the New Orleans office” ). Forms will 2629 be distributed through the offices of Illinois.______2629 Title 16 State and county committees. County Financial assistance, delega Chapter I : committees will determine or cause to be tions of authority relating Part 13 (3 documents)------2595, 2596 determined the quantity and grade of to: Title 25 cottonseed, the amount of the loan, and Chief, Loan Servicing Divi- Chapter I : the value of the cottonseed delivered un sion__;_____%'i,___1______2628 Part 104 (proposed)______2610 der the loan. Loan documents will be Deputy Administrator for Fi .Part 221 (proposed)______2611 completed in the county ASC office, and nancial Assistance.______„ 2627 copies of such documents will be retained Director, Office of Financial Title 26 (1954) there. All documents will be approved Assistance. ______2627 Chapter I: by the county office manager, or other Manager, Disaster Field O f Part 301...... —— _____ — 2597 employee of the county office designated fice, Jackson, Miss______2628 Title 29 by him to act in his behalf. Such desig Tariff Commission Chapter V : nations shall be on file in the county office. County office managers, State Notices: Part 526______- ______2601 and county committees, and the New Certain machine-woven pile Title 43 Orleans office do not have authority to floor coverings; broadening of modify or waive any of the provisions of investigation______2629 Chapter I: Appendix (Public land orders): this subpart or any amendments thereto. Treasury Department 983 (revoked in part by PLO § 443.1402 Availability of loans— (a) See Coast Guard; Internal Reve 1616) ______2603 Area. Farm-storage loans (hereinafter nue Service. » 1615 ___ 2602 referred to as loans) shall be available Wage and Hour Division 1616 ______2603 on eligible cottonseed stored in approved Notices: 1617 ______2604 storage in all cotton-producing areas, ex Learner employment certifi Title 46 cept that loans will not be made in any cates; issuance to various in Chapter I: area where the appropriate State com dustries ______-______2630 Part 10______^____ 2604 mittee determines that the damage haz Rules and regulations: Part 70______: ______2605 ard to farm-stored cottonseed would not Industries of a seasonal nature; Part 71______2606 warrant the making of loans. miscellaneous amendments__ 2601 Part 72___ 2607 (b) Time. Loans shall be available Part 73______2607 through January 31, 1959. Notes and CODIFICATION GUIDE Part 74______2607 chattel mortgages must be signed by the Part 75___ 2607 producer and delivered or mailed to the A numerical list of tlie parts of the Code Part 76___ 2607 county office on or before such date. of Federal Regulations affected by documents Part 77___».______2608 (c) Source. Loans will be made avail published in this issue. Proposed' rules, as Part 78______2608 able through the offices of county com opposed to final actions, are identified as such. Part 136______2609 mittees. Disbursements on loans will Part 137______2609 be made to producers by ASC county Title 3 Page Part 157______2609 offices by means of sight drafts drawn on Chapter H (Executive orders) : Title 47 CCC in accordance with instructions 6946 (revoked by PLO 1615) __ 2602 Chapter I: issued by CSS to the State ahd county Title 5 Part 2...... 2601 committees. Disbursements on loans will Chapter I: Part 3 (proposed)______2612 be made not later than February 15, Part 6 (2 documents)______2585 Part 8 ._____... ______2602 1959, except where specifically approved 2582 RULES AND REGULATIONS by the New Orelans office in each in (b) The following documents must bethat loans in default or obtained through stance. The producer shall not present delivered by the producer in support of fraud will bear interest at the raté of the loan documents for disbursement un every loan: Producer’s Note and Sup 6 percent per annum from the date of less the cotton seed are in existence and plemental Loan Agreement (Commodity default or the date of disbursement, in good condition. I f the cottonseed are Loan Form A ) and Commodity Chattel respectively. not in existence and in good conditioh at Mortgage (Commodity Loan Form AA) § 443.1412 Transfer of producer’s the time of disbursement, the proceeds covering the cottonseed tendered as se equity. The right of the producer to shall be promptly refunded by the curity for the loan both executed and transfer either his right to redeem the producer. delivered Within the period prescribed cottonseed under loan or his remaining in § 443.1402, and such other forms as § 443.1403 Eligible producer, (a) An interest may be restricted by CCC. may be prescribed by CCC. eligible producer shall be any individual, § 443.1413 Safeguarding of the cot partnership, corporation, association, § 443.1407 Determination of quantity. tonseed. The producer who places cot trust, estate, or other legal entity, or a The quantity of cottonseed at the 'time tonseed under a loan is obligated to State or political subdivision thereof or a loan is made shall be determined by maintain the storage structure in good an agency of such State or political sub- actual weight or by an estimate based repair, and to keep the cottonseed in diyision, producing cottonseed in 1958 in upon measurements. When the weight good condition. the capacity of landowner, landlord, ten of cottonseed to be placed under loan is' ant, or sharecropper. estimated by measurement, 90 cubic feet § 443.1414 Insurance. CCC will not (b) Eligible producers who are memof cottonseed shall be considered the require the producer to insure the cot bers -of cooperative marketing associa equivalent of one ton. The quantity de tonseed placed under a loan. However, tions may act collectively through their livered in liquidation of the loan shall if the producer does insure such cotton associations in obtaining loans in ac be the net weight, which shall be the seed and an indemnity is paid thereon, cordance with the provisions of gross weight of the cottonseed less a de such indemnity shall inure to the bene § 443.1420. duction for any foreign matter in excess fit of CCC to the extent of its interest of one percent of the gross weight. after first satisfying the ^producer’s § 443.1404 Eligible cottonseed. Eli equity in the cottonseed involved in the gible cottonseed shall be cottonseed that § 443.1408 Liens. T h e cottonseed loss. meet the following requirements: must be free and clear of all liens and (a) The cottonseed must have been encumbrances including any claim the § 443.1415 Loss or damage to the cot produced in the United States in 1958 by ginner may have against the cottonseed tonseed. The producer shall be respon an eligible producer. for his regular ginning charge. I f liens, sible for the quality and for any loss in (b) Such cottonseed must have been ginner’s claims, or encumbrances exist quantity of the cottonseed placed'under produced by the person tendering them on the cottonseed, proper waivers must loan, except that, subject to the provi for a loan, or by the person who delivered be obtained. sions of § 443.1414, any physical loss or the cottonseed to the cooperative associa damage other than shrinkage or natural § 443.1409 Service charges. The pro deterioration occurring after disburse tion tendering the cottonseed for a loan, ducer shall pay a service charge of 35 and the beneficial interest in the cotton ment of the loan funds to the producer, cents per ton on the number of tons without fault, negligence, or conversion seed must be in such person and must placed under a loan, or $3.00, whichever always have been in him or in him and on the part of the producer or any other is greater. State committees are au person having control of the\storage a former producer whom he succeeded thorized to require prepayment of $3.00 before the cottonseed were harvested. structure, and resulting solely from an of the service charges. No refund of external cause other than insect infesta Cottonseed tendered by a cooperative as any service charge will be made. ^ sociation for a loan must have been pro tion or vermin, will be'assumed by CCC to the extent of the loan plus interest, duced and delivered to the association by § 443.1410 Setoffs, (a) If the pro its producer-members. Any person ducer is indebted to CCC on any accrued provided the producer or other person tendering cottonseed for a loan must obligation, or if any installment or in having control of the storage structure have the legal right to mortgage the stallments on any loan made available has given the county office immediate cottonseed as security for the Ipan. by CCC* on farm-storage facilities or written notice of such loss or damage, and provided there has been no fraud (c) Cottonseed must be sound and mobile drying equipment are past due or are payable or prepayable, under the/ ulent representation made by the pro clean and must not contain more “than ducer in the loan documents or in ob 11 percent moisture. provisions of the note evidencing such' loan, out of the proceeds of the price taining the loan. No physical loss or (d) No warehouse receipts shall be support loan, he must designate CCC or damage occurring prior to disbursement outstanding on the cottonseed. the lending agency holding such note as, of the loan funds to the producer will § 443.1405 Approved storage. Ap the payee of thè proceeds of the loan to be assumed by CCC._ The date of the proved storage shall consist of storage the extent of such indebtedness or in draft shall constitute the date of dis structures Ibcated on or off the farm stallments, but not to exceed that por bursement of the funds. which, as determined by the county office tion of the proceeds remaining after § 443.1416 Personal liability. The manager, are of such construction as to deduction' of service charges and making of any fraudulent representa afford safe storage of cottonseed and amounts due prior lienholders. tions by the producer in the loan docu afford protection against weather dam (b) If the producer is indebted to anyments or in obtaining the loan, or the age, poultry, livestock, and rodents, and other agency of the United States and conversion or unlawful disposition by reasonable protection against fire and such indebtedness is listed on the county him of any portion of the cottonseed theft. - debt record, he must designate such under loan, shall render the producer agency as the payee of the proceeds to § 443.1406 Approved forms, (a) The subject to criminal prosecution under 'the extent of such indebtedness, but Federal law and render him personally documents named in this section, to not to exceed that portion of the pro gether with the provisions of this liable for the amount of the loan and for ceeds. remaining after deduction of any resulting expense incurred by CCC. subpart and any supplements or amend amounts under paragraph (a) of this ments thereto, govern the rights and re section. _ § 443.1417 Maturity and liquidation sponsibilities of the producers under this (c*> Compliance with the provisions of of loans, /a) Settlement of loans and program. Loan documents executed, by this section shall not constitute a waiver delivery of the cottonseed covered by an administrator, executor, or trustee of any right of the producer to contest chattel mortgage shall be made in ac cordance with this section. All loans will be acceptable only where valid in the justness of the indebtedness in mature on demand but not later than law and must be accompanied by docu volved either by administrative appeal or by legal action. March 1,1959. I f the producer does not mentary evidence of the authority of the repay his loan on or before maturity, the person executing such documents. Doc § 443.1411 Interest rate. Loans will producer shall deliver the mortgaged uments must have State and documen bear interest at the rate of 3 Vfe percent cottonseed in accordance with instruc tary revenue stamps affixed when re per annum from the date of disburse tions issued on behalf of the county com quired by law. ment to the date of repayment, except mittee. The producer may, however, Saturday, April 19, 1958 FEDERAL REGISTER 2583 pay off his loan and redeem his cotton committee by paying to CCC the amount Sec. seed at any time prior to the delivery of of the loan, plus charges and accrued 443.1440 Availability of purchases. the cottonseed to OCC or removal of the interest, represented by the quantity of 443.1441 Eligible producer. 443.1442 Eligible cottonseed. cottonseed by CCC. In the event the the cottonseed to be released: Provided, 443.1443 Purchase price. farm is sold, or there is a change of ten however, No partial release of cottonseed 443.1444 Approved forms. ancy, the cottonseed may be delivered shall include less than the total quantity 443.1445 Determination of quantity. by the producer before the maturity date of cottonseed stored in any single com 443.1448 Liens. of the loan, after obtaining delivery in mingled mass unless the appropriate 443.1447 Setoffs. structions issued on behalf of the county county committee determines that re 443.1448 Grade reporting areas. committee; or may be delivered before lease of a portion of such commingled A u th o r ity: §§ 443.1438 to 443.1448 issued the maturity date of the loan for other mass may be made. under sec. 4, 62 Stat. 1070, as amended; 15 reasons upon prior approval of the Ex U. S. C. 714b. Interpret or apply sec. 5, 62 § 443.1419 Loan and settlement rates— Stat. 1072, secs. 301, 401, 63 Stat. 1053, 1054, ecutive Vice President, CCC. After a (a ) Loan rates. Loans on cottonseed complete grade determination by a cot as amended; 15 U. S. C. 714c, 7 U. S. C. 1447, shall be made at the rate of $45.00 per 1421. tonseed chemist licensed by the U. S. De-' ton of eligible cottonseed as defined in partment of Agriculture, credit will be § 443.1404. § 443.1438 General statement. The given at the applicable settlement rate, (b) Basic settlement rate. The basicpurchase program provided for in this according to grade and/or quality (see settlement rate for “ basis grade” (100) subpart is a part of the 1958 Cottonseed § 443.1419), for the total quantity de cottonseed shall be $45.00 per net ton Price Support Program formulated by Commodity Credit Corporation (herein livered, provided it is the identical cot f. o. b. railroad cars or trucks at delivery after referred to as “CCC”) and the tonseed on which the loan was made. points designated by CCC. The settle Commodity Stabilization Service (here (b) If the producer is directed to de ment rate for cottonseed grading above inafter referred to as “ CSS” ) . This sub liver his cottonseed to a point other than or below “basis grade” (100) shall he part states the terms and conditions (a) the normal delivery point, the producer $45.00 per ton plus or minus a percentage under which cotton ginners, who pur shall be allowed compensatoin (as de of such price equal to the percentage by chase 1958-crop cottonseed produced in termined by CCC) for the additional cost which the grade of such cottonseed is the United States from producers, may of hauling the cottonseed any distance above or below 100. In the case of “ off- sell such cottonseed to CCC in accord greater than the distance from the point quality” or “below grade” cottonseed, as ance with this subpart (such ginners will where the cottonseed are stored by the defined in the United States Official hereinafter be referred to as “partici producer to the normal delivery point. Standards for Grades of Cottonseed, CCC (c) If the settlement value of the cot pating ginners” ) , in cases where the re will sell such cottonseed pursuant to the fusal by oil millers to pay participating tonseed delivered under a loan exceeds provisions of the chattel mortgage at the the amount due on the loan by more ginners at least the f. o. b. gin price to current market price, and the settlement ginners for their cottonseed, which CCC than $3.00, such amount will be paid to rate shall be the market price per ton agrees to pay as provided in § 443.1443 the producer on the basis of the settle determined on the basis o f such sale. ment documents. To avoid administra (b ), makes purchases by CCC from par tive costs of making small payments, if § 443.1420 Cooperative, marketing as ticipating ginners necessary, and (b) the amount found due the produced in sociations. (a) Cooperative marketing under which CCC will purchase 1958- such settlement is $3.00 or less, such associations shall be eligible for loans: crop cottonseed directly from producers amount will be paid only upon his re Provided, That (1) the cottonseed placed in cases where nonparticipation by gin quest. Payments will be made by sight under loan are delivered to the asso ners under this subpart makes such pur drafts drawn on CCC by the county ciation by eligible producers who are chases necessary. The program will be office. members of the association; (2) the carried out by CSS under the general (d) If the settlement value of the cot association has been granted by such supervision ahd direction of the Execu tonseed is less than the amount due on producer-members the legal right to tive Vice President, CCC. The require the loan (excluding interest), the amount mdrtgage the cottonseed as security for ments with respect to loaiis to producers _ of the deficiency, plus interest, shall be a loan; (3) the association keeps any are contained in the 1958 C. C. C. Cot paid to CCC by the producer and may be cottonseed covered by a chattel mort tonseed Bulletin 1 (§§ 443.1401 to set off against any payment which would gage segregated from all cottonseed not 443.1420). otherwise be due to the producer under covered by the mortgage; and (4) the § 443.1439 Administration, (a) Op any agricultural programs administered association undertakes to pay CCC any erations under the program with respect by the Secretary of Agriculture or any amounts due it under the provisions of to the purchase, transportation, han other payments which are due or may this program at the time of settlement. dling, and storage of cottonseed prior become due to the producer from CCC or (b) Cooperative associations desiringto delivery of the cottonseed to an oil any other agency of the United States: loans may obtain- documents from the miller or to a storage facility approved Provided, That, to avoid administrative county office for the county in which the by the New Orleans CSS Commodity costs of handling small accounts, a defi association is located. The loan and set Office (such storage facility will herein ciency qf $3.00 or less, including interest, tlement rates to cooperative associations after be referred to as “approved storage niay be disregarded unless demand will be the same as those to individual facility” ) will be administered through therefor is made by CCC upon the producers, and loans with respect to such Agricultural Stabilization and Conserva Producer. associations will otherwise be on sub tion (hereinafter referred to as “ASC” ) (c) County office managers, State andbeen in him or in him and a former pro (3) I f authorized by the county office county committees, and the New Orleans ducer whom he succeeded before the manager, the producer may deliver the office do not have authority to modify cottonseed were harvested. Cottonseed seed at an oil mill, approved storage or waive any of the provisions of this tendered by a cooperative association for facility, or designated concentration subpart or any amendments thereto. purchase, must have been produced and point rather than at the gin or desig § 443.1440 Availability of purchases—. delivered to the association by its pro nated point oTdelivery, and the producer (a) Area. The purchase program will be ducer-members. Any person tendering will be paid for the additional transpor available in all cotton-producing areas of cottonseed for purchase must have the tation at a rate not in excess of the com the United States. legal right to sell the cottonseed. mercial rate for such transportation (b) Time. Purchases will be made § 443.1443 Purchase price— (a) Price service. from the date of the issuance of this to producers. (1) Any direct purchases (b) Price to ginners. (I ) (i) Any pur subpart through February 28, 1959. ■ by CCC from producers will be made at chases by CCC from participating gin (c) Source. (1) Purchases of cotton gin or other diesignated point of delivery ners will be at thé rate of $45.00 per net seed eligible for purchase by CCC will at the rate of $41.00 per gross ton for ton for basis grade (100) cottonseed, be made by participating ginners from basis grade (100) cottonseed, with pre f. o. b. conveyance or carrier at the gin, producers. Purchases will also be made miums and discounts for other grades with premiums and discounts for other directly from producers by CCC through equal to the same percentage of such grades equal to the same percentage of county committees in areas Where gin price as the percentage by which the such price as the percentage by which ners do not participate in the program grade of cottonseed purchased exceeds the grade of cottonseed pûrchased ex and the appropriate State committee de or is less than basis grade (100). The ceeds or is less than basis grade (100). termines that such direct purchases are price per ton thus computed may be Cottonseed which are .“ below grade” necessary in order to make the program rounded to the nearest multiple of ten or “off-quality,” as defined in the United effective. Payments to producers for cents. The grade of eligible cottonseed vStates Official Standards for Grades of cottonseed purchased by CCC and for purchased by CCC directly from pro Cottonseed, will be. purchased from par any authorized transportation performed ducers shall be considered to b e v the ticipatin g ginners fey CCC at the market by the producers, in accordance with average grade of cottonseed for the area value of such cottonseed as determined § 443.1443 (a ), will be made by ASC in which the purchase is made (see by CCC. The grades of cottonseed pur county offices by means of sight drafts § 443.1448) as determined on the basis chased by CCC from such ginners shall drawn on CCC. of the latest cottonseed grade report for be determined, in accordance with the (2) Purchases of eligible cottonseed the area published by CSS or as deter United States Official Standards for will be made by oil millers from partici mined by such other method as the Grades o f Cottonseed, by chemical pating ginners and others. Purchases Executive Vice President, CCC, may ap analysis of samples drawn from the cot will also be made from participating gin prove. In areas where both upland and tonseed by federally-licensed cottonseed ners by CCC through ASC county offices American-Egyptian cotton are grown, samplers, or such other persons as are in areas where oil millers refuse to pay the CSS grade report for any such area approved by CCC, and forwarded to and such ginners at least the f . o. b. price shall specify the average grade for each analyzed by federally-licensed cotton to ginners for their cottonseed which such type of cottonseed, and the price to seed chemists. A ginner tendering cot CCC agrees to pay as provided in be paid producers in the area shall be de tonseed for purchase by CCC must not • § 443.1443 (b ), and the appropriate State termined on the basis of the average have paid any producer for cottonseed committee determines that such pur /grade for the area for the type of cotton purchased by the ginner on or after the chases are necessary to make the pro seed purchased. The average grade for date of filing notice of his intention to gram effective. Payments to participat Sea Island and Sealand cottonseed shall participate in the program less than ing ginners for cottonseed^purchased by be considered to be that reported for $41.00 per gross ton basis grade (100), CCC will be made fey ASC county offices cottonseed in the area in which such plus or minus a percentage of such price by means of sight drafts drawn on CCC> cottonseed are produced. Notwith equal to the percentage by which the (3) Lists of participating ginners will standing the requirements in this sub- average grade Of cottonseed for the area be maintained in the State and county paragraph, if, at any time while direct in which the gin is located (see offices. purchases are being made by CCC, the § 443.1448) exceeded or was less than State ASC administrative officer deter feasis grade (100). Such average grade § 443.1441 Eligible producer, (a) An shall be determined on the basis of the eligible producer shall be any individual, mines that the average grade for an area, as determined on the basis of the latest CSS grade report for the area at partnership, corporation, association, the time of purchase from such pro trust, estate, or other legal entity, or a latest cotton seed grade report for the area published by CSS, is higher than ducer or by such other method as the State or political subdivision thereof or the grade of cotton seed being produced Executive Vice President, CCC, may ap an agency of such State or political sub prove. In areas where both upland and division, producing cottonseed in 1958 iti in any county in such area where direct purchases are being made, the State American-Egyptian cotton are grown, the capacity of landowner, landlord, the CSS grade report for any such area tenant, or sharecropper. ASC administrative officer may reduce the price paid to producers in such shall report the average grade for each (b) A cooperative association that county below the price established on such type of cottonseed, and the price to handles cottonseed for its producer- the basis of the average grade for the be paid producers in the area shall be members will be considered an eligible area: Provided, That no producer shall determined on the basis of the average producer when selling eligible cottonseed be paid, during the period such reduced grade for the area for the tÿpe of cotton delivered to the association and produced prices are effective, less than $41.00 per seed purchased. The average grade for by eligible producers who are members gross ton basis grade (10p) cottonseed Sea Island and Sealand cottonseed shall of the association. with price adjustments computed upon be considered to be that reported for cot § 443.1442 Éligible cottonseed. Eligi the difference between the average grade tonseed in the area in which such cotton ble cottonseed shall be cottonseed which of cotton seed produced in the county seed are produced. I f it is determined by meet the following requirements! during such period and basis grade the county office manager and the State (à) Such cottonseed must' have been (100). The average grade of cottonseed ASC administrative officer that any par produced in the United States in 1958 by produced in the county during such pe ticipating ginner paid any producer less en eligible producer. riod shall be determined on the basis of than the prices he should have paid (b) Sucn cottonseed must have been official chemical analysis covering cot under the foregoing provisions of this produced by the person tendering them tonseed produced in such county or on section, such ginner shall not, without for purchase, or by the person who de such other reasonable basis as may be prejudice to any other rights which CCC livered the cottonseed to the cooperative determined by the appropriate State may have, be eligible to make any further, association or ginner tendering the cot ASC administrative officer. sales to CCC under the 1958 Cottonseed tonseed for purchase;'and the beneficial (2) The grade of any cottonseed pur Price Support Program. interest in the cottonseed must be in chased before the first grade determina (ii) Notwithstanding the preceding such person at the time he makes such tion for an area is made shall be con-/ requirements as to price, a participating tender or delivery and must always have sidered to be 90. ginner, after first notifying the county v Saturday, April 19, 1958 FEDERAL REGISTER 25S5 office manager for the county where the the cottonseed are purchased from the is indebted to CCC on any accrued obli gin is located of his intention to do so, producer by CCC. gation, or if any installment or install may reduce the price paid to producers (b) Cotton ginners. (1) Each cotton ments on any loan made available by below the price established on the basis ginner desiring to sell cottonseed to CCC CCC on farm-storage facilities or mobile of the average grade for the area: Pro pursuant to this subpart shall, prior to drying equipment are past due, or are vided, That the ginner shall not pay any tender of any cottonseed for sale, file payable or repayable, under the pro producer during the period he is paying with the county office for the county in visions of the note evidencing such loan, such reduced price less than $41.00 per which each gin is located a Ginner’s No out of the proceeds of the purchase, he gross ton basis grade (100), with price tice of Intention to Participate (CCC must designate CCC or the lending adjustments computed upon the differ Cottonseed Purchase Form 1). The fil agency holding such note as the* payee ence between the average grade of cot ing of such notice does not obligate the of the proceeds of the purchase to the tonseed produced at the gin during such ginner to sell any cottonseed to CCC, but extent of such indebtedness or install period and basis grade (100). The aver all applicable provisions of this subpart ments, but not to exceed that portion of age grade of cottonseed produced at the must be complied with by the ginner if the proceeds remaining after deduction gin during such period shall be deter any cottonseed are offered by the ginner of service charges and amounts due prior mined on the basis of official chemical for sale to CCC under the 1958 Cotton lienholders. analysis or oil mill grade reports cover seed Price Support Program. Only cot (b) If the producer is indebted to any ing such cottonseed or on such other tonseed purchased by a participating other agency of the United States, and reasonable basis as may be approved by ginner from a producer after the filing such indebtedness is listed on the county the county office manager. The ginner of the Ginher’s Notice of Intention to debt record, he must designate such shall furnish the county office with cer Participate shall be eligible for purchase agency as the payee of the proceeds to tified copies of such chemical analyses, by CCC under this subpart. the extent of such indebtedness, but not grade reports, or other evidence satis (2) After the Ginner’s Notice of In to exceed that portion of the proceeds factory to the county office manager, tention to Participate has been filed, a remaining after deduction of amounts showing the average grade of cottonseed Ginner’s Certificate (CCC Cottonseed under paragraph (a) of this section. produced at the gin during such period. Purchase Form 2) shall be completed and (c) Compliance with the provisions of If it is determined by the State ASC ad executed by the participating ginner to this section shall not constitute a waiver ministrative officer and county office cover all cottonseed purchased by him of any right of the producer to contest manager that any participating ginner from producers, 'and the form shall be the justhess of the indebtedness involved paid producers less than the prices he submitted by the ginner to the appro either by administrative appeal or by should have paid in accordance with the priate county office at such times and legal action. preceding three sentences, such ginner covering such periods of time as the shall, without prejudice to any other State ASC administrative officer deter § 443.1448 Grade reporting areas. rights which CCC may have, be ineligi mines are necessary to make the pro Areas for grade reporting purposes will ble to make any further sales to CCC gram effective. be established by the Director, Cotton under the 1958 Cottonseed Price Sup (3) If cottonseed are sold to JCCC, the Division, CSS, and a list of area delinea port Program unless he first pays all of ginner shall prepare and execute a Gin tions may be obtained from the appli such producers the difference between ner’s Voucher and Certificate (CCC Cot cable ACS State office or the Director of the price paid to the producers and the tonseed Purchase Form 4) covering the the Cotton Division, CSS, USDA, Wash price they should have received. cottonseed and deliver the form to the ington 25, D. C .) (iii) A ginner may round- per ton county office. Each Ginner’s Voucher Issued this 16th day of April 1958. prices for cottonseed purchased from and Certificate submitted by a ginner to [ s e a l ] W alter C. B erger, producers to the nearest multiple of ten the county office shall be supported by Executive Vice President, cents. weight certificates or warehouse receipts Commodity Credit Corporation. ' (2) The grade of cottonseed pur covering the cottonseed purchased chased from a producer before the first which have been issued by an oil miller, [P. R. Doc. 58-2948; Piled, Apr. 18, 1958; grade determination for an area is made or an approved storage facility, or a rep 8:55 a. m.] shall be considered to be 90. resentative of the county committee at (3) If the ginner, upon authorization a designated concentration point, and in by the county office manager, transports the absence of warehouse receipts guar TITLE 5— ADMINISTRATIVE cottonseed from the gin to oil miller, or anteeing grade, by official /chemical PERSONNEL approved storage facility, or designated analyses certificates covering the cotton concentration point, the ginner will be seed and identifying such cottonseed by Chapter I— Civil Service Commission paid for such transportation at a rate lot numbers and/or receipt numbers and. not in excess of the commercial rate for* weights. P art 6—E x c e p t io n s , F r o m t h e such transportation service. C o m p e t it iv e S ervice § 443.1445 Determination of quantity. § 443.1444 Approved forms. The ap The quantity of cottonseed purchased d e p a r tm e n t o f labor proved forms, together with the provi from the producer by CCC shall be the sions of this subpart and any supple gross weight actually delivered to CCC Effective upon publication in the ments v and amendments thereto, shall as determined by a representative of the F ederal R e g ister , paragraph (h) (2) of govern the rights and responsibilities of county committee, or by an approved § 6.313 is revoked. producers and participating ginners. storage facility, or by an oil miller. The (R. S. 1753, sec. 2, 22 Stat. 403, as amended; Approved forms may be obtained from quantity of cottonseed purchased from 5 Ü. S. C. 631, 633) ASC county offices. Any fraudulent rep a producer by a participating ginner U n it e d S tates C iv i l S e r v resentation made by a producer or gin shall be the gross weight of the cotton ic e C o m m is s io n , ner in executing an approved form may seed as customarily determined by ther [ s e a l ] W m . C. H u l l , render him subject to criminal prosecu ginner in his purchases of -cottonseed Executive Assistant. tion under Federal law and liable for from producers. The quantity of cotton any damages resulting from the pur seed purchased from a ginner by CCC {F. R. Doc. 58-2952; Filed, Apr. 18, 1958; chase of the cottonseed involved. Doc shall be the net weight of the cottonseed 8:55 a. m.] , uments executed by an administrator, at first destination after deduction of the executor, or trustee will be acceptable weight of any foreign matter in excess of only where valid in law and must be ac one percent. companied by documentary evidence of P art 6—E x c e p t io n s F r o m t h e § 443.1446 Liens. I f liens or encum he authority of the person executing C o m p e t it iv e S ervice uch documents. The approved forms brances exist on the cottonseed, proper consist of the following: waivers must be obtained. GENERAL SERVICES ADMINISTRATION (rno Producers. Producer’s Voucher § 443.1447 Setoffs, (a) If the cotton Effective upon publication in the , Cottonseed Purchase Form 5) seed are purchased from a producer by F ederal R e g ist e r , paragraph (a) (11) of all be executed by the producer when CCC under this subpart and the producer § 6.333 is amended as set out below. 2586 RULES AND REGULATIONS § 6.333 General Services Administra Insurable acreage in the county in which were afforded an opportunity to submit tion— (a) Office of the Administrator. two or more persons at the time of planting information and views at this meeting; * * * have the entire interest in the crop, exclud the recommendation and supporting in ing any other acreage of cptton in the county formation for regulation during the (11) Two Confidential Assistants to in which such persons together do not have the Special Assistant to the Administra the entire interest in the crop; period specified herein were promptly tor (Congressional Liaison and Public submitted to the Department after (Secs. 506, 516, 52 Stat. 73, as amended, 77, Affairs)*. such meeting was held; the provisions as amended; 7 U. S. C. 1506, 1516. Interprets of this section, including its effective or applies secs. 507, 508, 509, 52 Stat. 73, as (R. S. 1753, sec. 2, 22 Stat. 403, as amended; time, are identical with the aforesaid 5 U. S. C. 631,633) amended, 74 as amended, 75; 7 U. S. C. 1507, 1508, 1509) recommendation of the committee, and U nited States Civil Serv information concerning such provisions ice Commission, Adopted by the Board of Directors on and effective time has been disseminated [ seal] W m . C. H ull, April 1, 1958. among handlers of such Valencia Executive Assistant. [ s e a l ] F . N . M cC a r t n e y , oranges; it is necessary, in order to ef [F. R. Doc. 58-2951; Filed, Apr. 18, 1958; Secretary, fectuate the declared policy of the act, 8:55 a. m.] Federal Crop Insurance Corporation. to make this section effective during the period herein specified; and com Approved on April 15,1958. pliance with this section will not require TITLE 7— AGRICULTURE M a r v in L . M cL a i n , any special preparation on the part of Assistant Secretary. persons subject hereto which cannot be ‘Chapter IV— Federal Crop Insurance [F. R. Doc. 58-2918; Filed, Apr. 18, 1958; completed on or before the effective date Corporation 8:53 a. m.} hereof. Such committee meeting was [Amdt. 4J held on April 17, 1958. (b) Order. (1) The respective quan P art 401—F ederal Crop I nsurance tities of Valencia oranges grown in Ari Subpart—R egulations F or the 1958 Chapter IX— Agricultural Marketing zona and designated part of California and Succeeding C rop Y ear which may be handled during the period Service (Marketing Agreements and beginning at 12:01 a. m., P. s. t., April cotton Orders), Department of Agriculture 20, 1958, and ending at 12:01 a. m., The above-identified regulations, as [Valencia Orange Reg. 132] P. s. t., April 27, 1958, are hereby fixed amended (22 F. R. 6557, 7210, 8473, 9515, .as follows: P art 922—V a l e n c ia O ranges G r o w n i ñ 11024; 23 F. R. 289, 869, 2373, 2481), are (1) District 1: 462,000 cartons; hereby amended effective beginning with A r iz o n a a n d D e sig n a t e d P a r t -o f C a l i (ii) District 2: 138,600 cartons; the 1959 crop year as follows: f o r n ia (2) It is hereby further found that it 1 Russet: Provided, That such grape lication thereof in the F ederal R eg ister is impracticable and contrary to the pub fruit which grade U. S. No. 2, or U. S. (60 Stat, 237; 5 U. S. C. 1001 et seq.) lic interest to give preliminary notice, No. 2 Bright, may be shipped if such because the time intervening between engage in public rule-making procedure, grapefruit meets the requirements as to the date when information upon which and postpone the effective date of this form (shape) specified in the U. S. No. 1 this section is based became available section until 30 days after publication grade ; and the time, when this section must thereof in the F ederal R egister (60 Stat. (ii) Any seeded grapefruit, grown in become effective in order to effectuate 237; 5 U. S. C. 1001 et seq.) because the the production area, which are of a size the declared policy of the act is insuffi time intervening between the date when smaller than a size that will pack 80 cient; a reasonable time is permitted, information upon which this section is grapefruit, packed in accordance with under the circumstances, for prepara based became available and the time the requirements of a standard pack, in tion for such effective time; and good when this section must become effective a standard nailed box; cause exists for making the provisions in order to effectuate the declared policy (iii) Any seedless grapefruit, grown hereof- effective as hereinafter set of the act is insufficient; a reasonable in Regulation Area I, which are not forth. Shipments of oranges, including time is permitted, under the circum mature and'do not grade at least U. S. Temple oranges, grown in the produc stances, for preparation for such effec No. 1 Russet: Provided, That such grape tion area, are presently subject to tive time; and good cause exists for fruit which grade U. S. No. 2, or U. S. regulation by grades and sizes, pursu making the provisions hereof effective as No. 2 Bright, may be shipped if such ant to the amended marketing agree hereinafter set forth. Shipments of all grapefruit meets the requirements as to ment and order; the recommendation grapefruit, grown in the production area, form (shape) specified in the U. S. No. 1 and supporting information for reg are presently subject to regulation by grade; ulation during the period specified grades and sizes, pursuant to the amend Any seeded grapefruit, grown in the production area, which are not ma ture and do not grade at least U. S. No. ¡No. 78------2 2588 RULES AND REGULATIONS Standards for Florida Oranges and Tan- business unit which produces the production area during the then current gelos (§§ 51.1140 to 51.1186 of this title; tomatoes for market. fiscal period, i. e., between August 1 of 22 F. R. 6676) : Provided, That in deter (a) The prevailing principle which the previous year and July 31 of the then mining the percentage of oranges in any shall apply to the determination of “pro current year. I f a person who would lot which are smaller than 2%e inches in ducer” is who or which interest as a unit, otherwise qualify as a producer in a diameter, such percentage shall be based whether an individual, partnership, cor proprietary capacity in the production only on those oranges, in such lot which poration, association, or any other busi area planted tomatoes for market as are of a size 21%0finches in diameter ness unit, has the authority to pass title fresh tomatoes during the current fiscal and smaller. to the tomatoes grown and made a part period, but (1) did not market any to Shipments of Temple oranges, grown of the marketable supply of tomatoes. matoes in the fresh market during the in the production area, are subject to th^/ In other words, the terms shall be lim current fiscal period due to adverse provisions of Orange Regulation 335 (7 ited to those who have an ownership in weather conditions, or (2) has tomatoes CFR 933.899; 23 F. R. 1000). tomatoes produced in the production in production for fresh market diming (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. area. the current fiscal period, although still 608c) (b) ^‘Producer” means any person, as unharvested, he shall, nevertheless, be defined in this section: (1) Who or which eligible as a producer to vote for com Dated: April 16,1958. owns and farms land resulting in his or mittee nominees, if he produced and [ s e a l ! S. R. S m it h , its ownership of the tomatoes produced marketed tomatoes grown in the produc Director, Fruit and Vegetable thereon; (2) who or which rents or tion area in the next preceding fiscal Division, Agricultural Mar farms land, resulting in his or its owner period. keting Service. ship of all or a portion of the tomatoes (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. [P. R. Doc. 58-2944; Filed, Apr. 18, 1958; produced thereon; or (3) who or which 608c) 8:55 a. m.J owns land which he or it does not farm and, as rental for such land, obtains the Dated April 15, 1958, to become effec ownership of a portion of the tomatoes tive as of the date of the publication of produced thereon. this document in the F ederal R e g ister . P art 945— T o m ato es G r o w n i n F lo r id a (c) The term “partnership” shall be [ s e a l ] S. R . S m it h , REVISION OF INTERPRETATIVE RULE WITH deemed to include a husband and wife Director, RESPECT TO MEANING OF "PRODUCER” with respect to land, the title to which, Fruit and Vegetable Division. or leasehold interest in which, is vested Notice of rule-making regarding a pro [P. R. Doc. 58-2917; Filed, Apr. 18, 1958; posed revision of the current Interpre in them as tenants in common, joint ten 8:53 a. m.] tative Rule with respect to the meaning ants, tenants by entirety, or, under com of "Producer” (22 F. R. 1371), to be made munity property laws, as community effective under Marketing Agreement property. The term “partnership” shall No. 125 and Order No. 45 (7 CFR Part also be deemed to include individuals, [Lemon Reg. 735] 945) regulating the handling of tomatoes partnerships or corporations which join grown in Florida, was published in the together by agreement, informal or P art 953—L e m o n s G r o w n i n C a lif o r n ia F ederal R eg ister April 3, 1958 (23 F. R . otherwise, for the purpose of growing a n d A r izo n a 2192). This regulatory program is effec tomatoes and which, as a unit, have au LIMITATION OF HANDLING tive under the Agricultural Marketing thority to transfer title to such tomatoes Agreement Act of 1937, as amended (48 at the time they are harvested or subse § 953.842 Lemon Regulation 735— (a) Stat. 31, as amended; 7 U. S. C. 601 et quent thereto. The term “ partnership” Findings. (1) Pursuant to the market seq.; 68 Stat. 906,1047). shall also include so-called “joint ven ing agreement, as amended, and Order After consideration of all relevant tures,” wherein one or more parties to No. 53, as amended (7 CFR Part 953), matters presentêd, including the pro the arrangement contributes capital regulating the handling of lemons grown posals set forth in the aforesaid notice and others contribute labor, manage in California and Arizona, effective under which were recommended by the Florida ment, equipment, or other services, or the applicable provisions of the Agri Tomato Committee (established pursuant any variation of such contributions by cultural Marketing Agreement Act of to the aforesaid marketing agreement two or more parties, so that it results in 1937, as amended (7 U. S. C. 601 et seq.; and order), it is hereby found that the the growing of tomatoes and the author 68 Stat. 906, 1047), and upon the basis revised Interpretative Rule with respect ity to transfer title to the tomatoes so of the recommendation and information to the meaning of “Producer,”as herein produced from that business unit to some submitted by the Lemon Administrative after set forth, will tend to effectuate the other parties in the marketing chain. Committee, established under the said declared policy of the act. (d) Each legal entity, whether an in amended marketing agreement and The Interpretative Rule (22 F. R. dividual, a partnership, a “joint ven order, and upon other available informa 1371), which has not been codified, is ture,” or a corporation, so engaged in the tion, it is hereby found that the .limita hereby revised and codified to read as production of tomatoes for market shall tion of handling of such lemons as here follows; have one vote for each position which is inafter provided will tend to effectuate the declared policy of the act. interpretative r u le s to be filled for the district for which he or it is eligible to vote. In the case of a (2) It is hereby further found that § 945.150 Meaning of “producer”. partnership or a “joint venture,” such it is impracticable and contrary to the The term ‘‘producer’.’ is defined in vote shall not be accepted in the absence public interest to give preliminary notice, § 945.8 as being any person engaged in of unanimous agreement of the respec engageln public rule-making procedure, a proprietary capacity in the production tive members. In the case of a corpo and postpone the effective date of this of tomatoes for market. Under the defi ration, such vote shall be cast pursuant section until 30 days after publica nition of “tomatoes” in § 945.5, such pro to the authorization of its board of di tion hereof in the F ederal R egister (60 duction must have been in the produc rectors. In the case of a person who Stat. 237; 5 U. S. C. 1001 et seq.) because tion area. Section 945.22 provides that the time intervening between the date each person selected as a committee owns land which he or it does not farm but, as rental for such land, obtains the when information upon which this sec member or alternate must be a pro ownership of a portion of the tomatoes tion is based becomes available and the ducer, or an officer or an employee of a time when this section must become produced thereon, such person shall be corporate producer. Section 945.27 pro effective in order to effectuate the de regarded as the producer of that portion vides that producers may vote for nomi clared policy of the act is insufficient, and entitled to one vote, and the tenant nees for members and alternates on the and a reasonable time is permitted, under Florida Tomato Committee, the admin on such land shall be regarded as the pro the circumstances, for preparation for istrative agency established pursuant to ducer of the remaining portion produced such effective time; and good cause exists said marketing agreement and order. on such land and also entitled to one for making the provisions hereof effective Section 945.3 defines a person as an in vote. as hereinafter set forth. The Committee dividual, partnership, corporation, asso (e) A producer eligible to vote is a held an open meeting during the current ciation, or other business unit. The person who produced tomatoes for week, after giving due notice thereof, term “person” is construed to mean, the market in a proprietary capacity in the to consider supply and market conditions Saturday, April 19, 1958 FEDERAL REGISTER 2589 for lemons and the need for regulation; exanthema, a contagious, infectious, and stemming from the 1957 Annual Air interested persons were afforded an. op communicable disease of swine, is hereby worthiness Review. Although Part 3 portunity to submit information and further amended in the following re was not subject to discussion during the views at this meeting; the recommenda spects : annual airworthiness meetings, the tion and supporting information for 1. A new subdivision (Ixxxiv) is added amendments contained herein were pro regulation during the period specified to subparagraph (5) of paragraph (d ), posed in Civil Air Regulations Draft R e herein were promptly submitted to the relating to Gloucester County in New lease No. 57-1C. Department after such meeting was held; Jersey, to read: The current formulas and loading the provisions of this section, includ (Ixxxiv) Block 387, Lot 37, Plate 30, in charts heretofore contained in this part ing its effective time, are identical with Deptford Township, owned and operated by were based on the aerodynamic charac the aforesaid recommendation of the William J. Cochrane. teristics of airplanes which, at the time committee, and information concerning of the promulgation of Part 3, were con such provisions and effective time has 2. New subdivisions (v ), (vi), (vii), sidered typical of airplanes which would been disseminated among handlers of and (viii), are added to subparagraph be certificated in accordance with its such lemons ; it is necessary, in order to (10) of paragraph (d ), relating to Morris provisions. Since high performance air effectuate the declared policy of the apt, County in New Jersey, to read: planes are now being developed for cer to make this section effective during (v) Chatham Township; tification under this part, certain of the period herein specified; and com ( vi) Chester Township; these formulas and loading charts can pliance with this section will not re (vii) Denville Township; no longer be regarded as generally ap quire any special preparation on the part (viii) Mount Olive Township. plicable. Accordingly, amendments are of persons subject hereto which cannot Effective date. The foregoing amend being made to §§ 3.191, 3.215, 3.216, 3.217, be completed on or before the effective, ment shall become effective upon issu 3.219, 3.220, and 3.222 to incorporate ap date hereof. Such committee meeting ance. propriate qualifications concerning the was held on ApriL16, 1958. The amendment releases areas in New applicability of such formulas And load (b) Order. (1) The respective quan Jersey, heretofore quarantined because ing charts. tities of lemons grown in California and of vesicular exanthema. Hereafter, the It has been found that the provision Arizona which may be handled during restrictions pertaining to the interstate of § 3.668 requiring a means for indicat the period beginning at 12:01 a. m., movement of swine, and carcasses, parts ing the adequacy of power being supplied P. s. t., April 20, 1958, and ending at and offal of swine, from or through quar to each gyroscopic instrument unneces 12:01 a. m., P. s. t., April 27, 1958, are antined areas, contained in 9 CFR, 1956 sarily complicates the airplane’s vacuum hereby fixed as follows: Supp., Part 76, Subpart B, as amended, system without giving an indication of all (1) District 1: 4,650 cartons; will not apply to such areas. However, possible instrument failures, such as the (ii) District 2: 227,850 cartons; the restrictions pertaining to such move clogging of integral filters. For this rea (Hi) District 3: Unlimited movement. ment from nonquarantined areas, con son, § 3.668 is being amended to require (2) As used in this section, “handled,” tained in said Subpart* B, as amended, a power failure indicator only for the “District 1,” “ District 2,” “District 3,” will apply thereto. power source. In addition, a new § 3.687 and “carton” have the same meaning The amendment relieved certain re is being included which requires electric as when used in the said amended mar strictions presently imposed, and must power system instruments. keting agreement and order. be made effective immediately to be of There are also contained herein (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. maximum benefit to persons subject to changes in the definition of standard 608c) the restrictions which áre relieved. Ac atmosphere to make it consistent with cordingly, under section 4 of the Ad other airworthiness parts of the Civil Dated: April 17, 1958. ministrative Procedure Act (5 U. S. C. Air Regulations. [ seal] , S. R. S m it h , 1003) , it is found upon good cause that Interested persons have been afforded Director, Fruit and Vegetable notice and other public procedure with an opportunity to participate in the DivisionAgricultural Mar respect to the amendment are imprac making of this amendment (22 F. R. keting Service. ticable and contrary to the public interest 9116), and due consideration has been and the amendment may be made ef given to all relevant matter presented. [P. R. Doc. 58-2984; Piled, Apr. 18, 1958; 8:56 a. m.] fective less than 30 days after publica In consideration of the foregoing, the tion in the F ederal R e g ist e r . Civil Aeronautics Board hereby amends (Sec. 7, 23 Stat. 32, as amended, secs. 1, 2, Part 3 of the Civil Air Regulations (14 TITLE 9— ANIMALS AND 32 Stat. 791-792, as amended, secs. 1, 3, 33 CFR Part 3, as amended) effective May Stat. 1264, as amended, 1265, as amended; 17,1958: ANIMAL PRODUCTS 21 U. S. C. 111-113, 117, 120, 123, 125). 1. By amending § 3.1 (b) (1) by in serting between the words “ atmosphere” Chapter I— Agricultural Research Done at Washington, D. C., this 16th and “ defined” the following: “ (See NACA day of April 1958. Service, Department of Agriculture Technical Report 1235) ”. [ s e a l ] M. R. C l a r k s o n , 2. By amending § 3.1 (b) (1) (iv) by Subchapter C-—Interstate Transportation of Acting Administrator. deleting the expression “ —67° F.” and Animals and Poultry Agricultural Research Service. inserting in lieu thereof “ —69.7° F.” [B. A. I. Order 383, Revised, Amdt. 101] [F. R. Doc. 58-2945; Plied, Apr. 18, 1958; 3. By amending § 3.1 (b) (1) (v) by P art 76—H og C h o le r a , S w i n e P l a g u e , 8:55 a. m.] deleting the numerals “ 0.002378” and in and O th er C ommunicable S w i n e serting in lieu thereof “0.002377”. D iseases 4. By amending the note following TITLE 14— CIVIL AVIATION § 3.191 (a) by deleting the phrase “These Subpart B — S w i n e D iseases S pread conditions may be covered as noted be T h r o u g h R a w G arbage Chapter I— Civil Aeronautics Board low:” and inserting in lieu thereof “Un CHANGES IN AREAS QUARANTINED [Civil Air Regs., Amdt. 3-3] less the Administrator finds such data result in unrealistic loads, these condi Pursuant to the provisions of sections P art 3— A ir p l a n e A irworthiness ; N o r tions may be covered as follows:” 1 and 3 of the act of March 3, 1905, as m a l , U t il i t y , a n d A crobatic C a te 5. By amending the note following amended (21 U. S. C. 123, 125), sections gories § 3.215 to read as follows: i and 2 of the act of February 2, 1903, as amended (21 u. S. C. 111-113, 120), miscellaneous a m e n d m e n t s r e s u l t in g N o te: The distribution of Figure 3-7 may and section 7 of the act of May 29, 1884, FROM 1957 ANNUAL AIRWORTHINESS be used unless the Administrator finds it results in unrealistic loads. as amended (21 U. S. C. 117), § 76.27, as REVIEW amended, Subpart B, Part 76, Title 9, Adopted by the Civil Aeronautics 6. /By amending the note following °f Federal Regulations (22 F. R. Board at its office in Washington, D . C., § 3.216 (a) by adding to the end of the X ’ 4377» 6910» 7223> 8929* 9384> 9725» on the 15th day of April 1958. first sentence the phrase “ unless the Ad 9490, 23 F. R. 794,1855), which quaran- There are contained herein amend ministrator finds it results in unrealistic mes certain areas because of vesicular ments with respect to various issues loads.” 2390 RULES AND REGULATIONS 7. By amending the note following [Civil Air Regs., Arndt. 4b-8J Changes are being made to the pro visions dealing with the landing gear re § 3.216 (b) by adding to the end thereof P art 4b— A ir p l a n e A irworthiness ; traction system, § 4b.334 (b ); with altim the phrase “ unless the Administrator T r a n spo r t C ategories finds it results in unrealistic loads." eter static pressure source tolerances, 8. By amending the note following miscellaneous a m e n d m e n t s r e s u l t in g § 4b.612 (b) (5 ); and with markings of § 3.216 (d) by adding to the end of the •f r o m 1597 ANNUAL AIRWORTHINESS RE the air-speed indicator, § 4b.732. A new first sentence the phrase “ unless the Ad VIEW § 4b.659 is included which requires ap ministrator finds it results in unrealistic Adopted by the Civil Aeronautics propriate protection of the airplane loads." Board at its office in Washington, D. C., against failure of high energy rotors 9. By amending the note following on the 15th day of April 1958. when such rotors are incorporated in any § 3.217 (a) by adding to the end thereof There are contained herein amend equipment on the airplane. There is in the phrase “ unless the Administrator ments with respect to various issues cluded an amendment to § 4b.603 which finds it results in unrealistic loads.” stemming from the 1957 Annual Air requires the incorporation of a maximum 10. By amending the note following worthiness Review. air-speed indicator if the air-speed lim § 3.219 (a) by adding to the end thereof O f the substantive changes, there is itations vary appreciably with altitude. the phrase “ unless the Administrator a hew requirement in § 4b.132 (e) which In addition, there are included other finds it results in unrealistic loads.” establishes basic objective criteria to in changes which are of a clarifying or edi 11. By amending the note following sure, for the all-engines-operating con torial nature. § 3.219 (b) by adding to the end thereof dition, adequate lateral control within Interested persons have been afforded the phrase “ unless the Administrator the operating speed range and appropri an opportunity to participate in the mak finds it results in unrealistic loads.” ate airplane response to control appli ing of this amendment (22 F. R. 9116), 12. By amending the note following cation in all stages of flight. The pro and due consideration has been given to § 3.219 (c) by adding to the end thereof visions up to this time did not prescribe all relevant matter presented. the phrase “unless the Administrator ahy specific requirements in this respect. In consideration of the foregoing, the finds it results in unrealistic loads.” It is expected that this rule will result Civil Aeronautics Board hereby amends 13. By amending the note following in a, more effective evaluation of the air Part 4b of the Civil Air Regulations (14 § 3.220 (c) by adding to the end thereof plane’s lateral stability and controlla CFR Part 4b, as amended) effective May the phrase “ unless the Administrator bility. 17, 1958: finds it results in unrealistic loads.” The fatigue evaluation provisions, al 1. By amending § 4b.l (b) (1) by de 14. By amending § 3.222 by adding an though applicable to all of the flight leting the parenthetical phrase “ (see introductory sentence to read: “Para structure, do not specify any loading NACA Technical Note 3182)” and insert graphs (c) through (e) of this section conditions for vertical flight surfaces ing in lieu thereof “ (see NACA Technical and the note following paragraph (b) (3) witth respect to the fail safe strength Report 1235)” . of this section shall not be applicable to criteria in § 4b.270 (b). For complete 2. By amending § 4b.132 by adding a airplanes for which the Administrator ness of these provisions, an addition to new paragraph (e) to read as follows: finds them to result in unrealistic loads.” § 4b.270 (b) is contained herein which § 4b.l32 Directional and lateral con 16. By amending § 3.668 by deletingsets forth ultimate loads, relative to the trol. * * * the words “ each of” from the third fail safe strength evaluation of vertical (e) Lateral control; all engines oper sentence of the introductory paragraph. surfaces, in terms of the generally ap ating. Roll response shall be rapid and 16. By amending § 3.686 by redesig plicable unsymmetrical and maneuver of sufficient magnitude to perform nor nating the present text as paragraph ing limit loading conditions now pre mal maneuvers, such as recovery from (a) and by adding a new paragraph (b) scribed in the regulations. There is also upsets produced by gusts and the initia to read as follows: a change to § 4b.236 (c) (2) which pre tion of evasive maneuvers. In sideslips § 3.686 Generator controls. * * * scribes vertical load factors necessary up to sideslip angles which might be re (b) A generator reverse current cutfor defining more completely the un quired in normal operation, sufficient ex out shall be incorporated and designed symmetrical loads applicable in the cess lateral control shall remain to per to disconnect the generator from the bat taxiing and ground handling conditions form a limited amount of maneuvering tery and other generators when the gen for landing gears of multi-wheel units. and to correct for gusts. Lateral control erator is developing a voltage of such Currently effective regulations require shall be sufficient at all speeds up to V ne value that current sufficient to cause trim tab controls to be irreversible unléss to provide a peak roll rate necessary for malfunctioning can flow into the gener the tab is properly balanced and is safety without requiring, excessive con ator. shown to be free from flutter. The trol forces or excessive control travel. regulations do not cover this design 3. By amending § 4b.236 (c) (2) by 17. By adding a new heading and feature with respect to other trim devices amending § 3.687 to read as follows: adding a new sentence between the first such as adjustable stabilizers, etc. A and second sentences to read as follows: change is contained herein to § 4b.322 to INSTRUMENTS “For one and two deflated tires the ver require that all trim control systems be tical load factor at the center of gravity § 3.687 Electric power system in free from drift or creep. shall be 60 percent and 50 percent, re struments. Means shall be provided to There are contained herein several im spectively, of the factor with no deflated indicate to appropriate crew members portant changes with respect to power- tires except that it shall not be less than those electric power system quantities plants. New § 4b.409 requires an in 1 g.” which are essential for the safe opera flight investigation of turbine power- 4. By amending § 4b.270 (b) by delet tion of the system. plants with respect to stall, surge, flame- ing the words “subparagraphs (1) and Note : For direct current systems an out, etc. Included also is a change to (2 ) ” in the second sentence and inserting ammeter which can be switched into each § 4b.435 which establishes more definite in lieu thereof the words “subparagraphs generator feeder would be acceptable. When specifications for fuel system filtration. (1) through (4)”; by deleting “ § 4b.211 only one generator is installed, the ammeter In addition, the powerplant operating (b )” in subparagraph (2) and inserting may be in the battery feeder. limitation provisions in § 4b.718 are being in lieu thereof “ §§ 4b.211 (b) and 4b.215 revised to make them more specifically (b )” ; and by adding new subparagraphs (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. applicable to turbine powerplants. 425. Interpret or apply secs. 601, 603, 52 (3) and (4) to read as follows: There are included sèveral changes to Stat. 1007, as amended, 1009, as amended; 49 the provisions regarding personnel ac § 4b.270 General. * * * U. S. C. 551, 553) commodations, emergency evacuation, (b) Fail safe strength. * * * By tjie Civil Aeronautics Board: and Pitching. The most substantive one (3) Eighty percent of the limit loads involves a change to § 4b.362 (d) which resulting from the conditions specified in CseAl ] M. C. M ulligan, would permit the substitution of 2 type § 4b.220 (c ). These loads shall be con Secretary. IV exits in lieu of each required type m sidered to be ultimate. [F. R. Doc. 58-2881; Filed, Apr. 18, 1958; exit, when such exits are intended for (4) Eighty percent of the limit ma 8:45 a. m.] ditching. neuvering loads resulting from the con- Saturday, April 19, 1958 FEDERAL REGISTER 2591 ditions specified in § 4b.215 (a) , except no adverse characteristics, such as stall, will not cause any appreciable adverse that the load need hot exceed 100 percent surge, or flameout, are present to a haz effect on vision and shall permit wearing of the critical load obtained in compli ardous degree during normal and emer corrective glasses by individual members ance with the provisions of § 4b.215 (a) gency operation of the airplane within of the flight crew. using a pilot effort of 180 pounds. This the range of operating limitations of the load shall be considered to be ultimate. airplane and of the engine. 19. By adding a new § 4b.659 to read as follows: 5. By amending § 4b.322 (f ) by adding 13. By amending § 4b.435 by adding a new sentence at the beginning thereof the words “ or filter” after the word § 4b.659 Equipment incorporating to read as follows: “All trim control sys “strainer” in the title of the section, in high energy rotors. Equipment incor tems shall be designed to prevent the introductory paragraph, and in par porating high energy rotors shall be creeping in flight.” . agraphs (a ), (b ), and (c ). demonstrated as capable of containing a failed rotor or shall be so located that 6. By amending § 4b.334 (b) by adding 14. By amending § 4b.435 (d) by delet a new sentence at the end thereof to ing the words “ filter or strainers” and failure will not affect the ability of the read as follows: “A means shall be pro inserting in lieu thereof the words airplane to continue safe flight. vided to prevent the retraction of the “strainers or filters”. 20. By amending § 4b.718 to read as landing gear while the airplane is on 15. By ^mending § 4b.435 by adding a follows : the ground.” new paragraph (e) to read as follows: 7. By amending § 4b.358 (b) by adding § 4b.718 Powerplant limitations. The § 4b.435 Fuel strainer or filter. * * * a new subparagraph (6). to read as following powerplant limitations shall be (e) The fuel strainer or filter shall follows: established for the airplane as appli be of adequate capacity, commensurate cable for the type(s) of engine(s) in § 4b.358 Seats, "berths, and safety with operating limitations established stalled. They shall not exceed the cor belts. * *. * to insure proper service and of appropri responding limits established as part of (b) Arrangement. * * * ate mesh to insure proper engine opera the type certification of the engine and (6) Seats for cabin attendants shall tion with the fuel contaminated to a propeller installed in the airplane. be disposed within the passenger com degree, with respect to particle size and (a) Take-off operation. (1) Maxi partment near approved floor level density, which can be reasonably ex mum rotational speed (r. p. m.) ; emergency exits. (See § 4b.362 ( g ).) pected to occur in service. The degree (2) Maximum permissible manifold 8. By amending § 4b.362 (d) to read of fuel filtering shall be not less than pressurei as follows: that established for the engine in ac (3) Maximum permissible gas tem cordance with Part 13 of this subchapter. perature for turbine engines; § 4b.362 Emergency evacuation. * * * 16. By amending § 4b.603 by amend (4) The time limit for use of the power (d) Ditching emergency exits. Ex which corresponds with the values estab cept as otherwise provided in this para ing paragraph (a) to read as follows, and by deleting paragraph (j): lished in subparagraphs (1) through (3) graph, at least 2 exits, one on each-side of this paragraph; of the airplane, meeting the minimum § 4b.603 Flight and navigational in (5) When the time limit established dimensions of the exits specified in struments. * * * in subparagraph (4) of this paragraph paragraph (b) (3) of this section and' (a) Air-speed indicating system. I f exceeds 2 minutes, the maximum allow located above the water level, shall be the air-speed limitations vary with alti able cylinder head and oil temperatures; provided. In addition, it shall be shown tude, the air-speed indicator shall in and that there is not less than one emergency corporate a maximum allowable air (6) Maximum cylinder head and oil exit located above the water level for speed indication showing the-variation temperatures if these differ from the every 35 passengers. It shall be per of V ne with altitude including compressi maximum limits for continuous opera missible to substitute 2 type IV exits bility limitations. (See § 4b.732.) tion. for each required type i n exit. When (b) Maximum continuous operation. the configuration of the airplane is such 17. By amending § 4b.612 (b) (5) to read as follows: (1) Maximum rotational speed (r. p. m.) ; that it will not permit the location of (2) Maximum permissible manifold side exits above the water level, the § 4b.612 Flight and navigational in pressure ; and required number of side exits shall be struments. * * * (3) Maximum permissible cylinder replaced by an equal number of overhead (b) Static air Dent and pressure al head, oil, and gas temperatures. hatches of not less than the dimensions tim eter systems. * * * (c) Fuel grade or specification desig of exits specified in paragraph (b) (3) (5) The design and installation of thenation. (1) The minimum grade of of this section, except that on airplanes altimeter system shall be such that the fuel required for satisfactory operation having a passenger capacity of 35 or less error in indicated pressure altitude at at the limits specified in paragraphs (a) only one such overhead hatch need be sea level in standard atmosphere, exclud and (b) of this section for reciprocating provided. - ing instrument calibration error, does engines, and 9. By amending § 4b.362 (e) (2) by not result in a value more than the ±30 (2) The designation of the fuel re adding at the end thereof the following feet per 100 knots in speed for the ap quired for satisfactory operation at the phrase: “except that sliding window propriate configuration in the speed limits specified in paragraphs (a) and emergency exit in the flight crew area range between 1.3 V*0 (flaps extended) (b) of this section for turbine engines. and 1.8 Vs% (flaps retracted), except that need not be openable from the outside 21. By amending § 4b.732 to read as if tlfe Administrator finds that the prox- the error need not be less than ±30 feet. follows : lmity of other approved exits makes 18. By amending § 4b.651 (h) (1) to § 4b.732 Air-speed limitation infor them convenient and readily accessible read as follows: to the flight crew area.” mation. The air-speed limitations (see 10. By amending § 4b.362 ( f ) (1) and § 4b.651 Oxygen equipment and § 4b.741 (a) ) shall be presented in such (2) by inserting in the first sentence of supply. * * * a manner that they can be easily read Jj8®“ subparagraph between the words (h ) Protective breathing system. * * * and interpreted by the flight crew. all” and “ emergency” the word “pas (1) The protective breathing equip 22. By amending § 4b.741 (a) by de senger.” ment shall include masks covering the leting the words, “ marking the air-speed . 11. By amending § 4b.362 (f) (3) by eyes, nose, and mouth, or only the nose indicator” and inserting in lieu thereof inserting between the words “ exits” and and mouth when accessory equipment is the words, “ the presentation of the air and” the phrase “which are required provided to protect the eyes. Such equip speed limitations to the flight crew” . to be openable from the outside,”. ment while in use shall not prevent the 23. By amending § 4b.742 by redesig 12. By adding a new § 4b.409 to readflight crew from using the radio equip nating paragraph (d) as paragraph (e) as follows: - ment of the airplane or from communi and adding a new paragraph (d) to . § 4b.409 Turbine powerplant operate cating with each other while at their read as follows: mg characteristics. Turbine power- assigned duty stations. That part of the § 4b.742 Operating procedures. * * * want operating characteristics shall be equipment provided to protect the eyes (d) Restarting of turbine engines. nvestigated in flight to determine that shall be of a type and construction which The recommended procedures to be fol- 2592 RULES AND REGULATIONS lowed in restarting turbine engines in rotational speed and engine manifold of 1.5 times the centrifugal force result flight shall be described. These pro pressure approved for the normal take ing from engine rpm limited by either: cedures shall include the effects of off, and limited in use to a maximum (i) The engine terminal rpm which altitude. ' continuous period as indicated in the can occur under uncontrolled conditions, approved engine specification. or (SeC. 205, 52 Stat. 984, as amended; 49 U. S. C. (ii) An overspeed limiting device. 425. Interpret or apply secs. 601, 603, 52 (ii) Take-off power for turbine en Stat. 1007, as amended, 1009, as amended; gines is the brake horsepower developed (Sec. 205,52 Stat. 984, as amended; 49 U. S. C. 4 9 U .S .C . 551,553) under static conditions at specified alti 425. Interpret or apply secs. 601, 603, 52 Stat. tudes and atmospheric temperatures, 1007, as amended, 1009, as amended; 49 By the Civil Aeronautics Board. under the maximum conditions of engine U. S. C. 551, 553) [ s e a l ! M . C. M u l l ig a n , rotor shaft rotational speed and gas By the Civil Aeronautics Board. Secretary. temperature approved for normal take off, and limited in use to a maximum [ s e a l ] M. C. M u l l ig a n , [F. R. Doc. 58-2882; Filed, Apr. 18, 1958; Secretary. 8:45 a. m.] continuous period as indicated in the approved engine specification. [F. R. Doc. 58-2883; Filed, Apr. 18, 1958; (iii) Take-off thrust for turbine en 8:45 a. m.] gines is the jet thrust developed under [Civil Air Regs., Arndt. 6-3] static conditions at specified altitudes and atmospheric temperatures, un P art 6—R otorcraft A irworthiness ; der the maximum conditions of engine [Civil Air Regs., Arndt. 7-2] N o r m al C ateg o r y rotor shaft rotational speed and gas F art 7—R otorcraft A irworthiness ; MISCELLANEOUS AMENDMENTS RESULTING temperature approved for the normal T r anspo r t C ateg o r ies FROM 1957 ANNUAL AIRWORTHINESS take-off, and limited in use to a maxi REVIEW mum continuous period as indicated in MISCELLANEOUS AMENDMENTS RESULTING the approved engine specification. FROM 1957 ANNUAL AIRWORTHINESS Adopted by the Civil Aeronautics REVIEW Board at its office in Washington, D. C„ (3) Maximum continuous power or on the 15th day of April 1958. thrust, (i) Maximum continuous power Adopted by the Ciyil Aeronautics There are contained herein amend for reciprocating engines is the brake Board at its office in Washington, D. C., ments with respect to issues stemming horsepower developed in standard at on the 15th day of April 1958. from the 1957 Annual Airworthiness mosphere at a specified altitude, under There are contained herein amend Review. the maximum conditions of crank ments with respect to various issues The nonsubstantive changes deal with shaft rotational speed and engine mani stemming from the 1957 Annual Air the definitions of standard atmosphere, fold pressure, and approved for use dur worthiness Review. take-off power or thrust, maximum con ing periods of unrestricted duration. The most significant of these amend tinuous power or thrust, and gas tem ** (ii) Maximum continuous power for ments deal with the flight requirements. perature. These changes are being made turbine engines is the brake horsepower Among these is included an amendment to maintain consistency in the defini developed at specified altitudes, atmos to § 7.103 (a) to eliminate the require tions throughout the Civil Air Regula pheric temperatures, and flight speeds, ment for the installation of a rotor high- tions. , under the maximum conditions of engine pitch stop when it is found that such a The only substantive change being rotor shaft rotational speed and gas stop is unnecessary due to the inherent made deals with protection from fan temperature, and approved for use dur characteristics of the rotorcraft. blade failures. A recent accident in ing periods of unrestricted duration. The powerplant and structural fire volving engine overspeed and fan dis (iii) Maximum continuous thrust forprotection requirements of Part 7 ap integration prompts the Board to amend turbine engines is the jet thrust devel plicable to Category B rotorcraft were § 6.401 to require protection from fan oped at specified altitudes, atmospheric designed to protect the rotorcraft for 5 blade failures. temperatures, and flight speeds, under minutes in the event of a powerplant Interested persons have been affprded the maximum conditions of engine rotor fire. On the other hand, the regulations an opportunity to participate in the shaft rotational speed and gas tempera applicable to Category A rotorcraft were making of this amendment (22 F. R. ture, and approved for use during periods designed to give protection from power- 9116), and due consideration has been of unrestricted duration. plant fires for a sufficient time to permit given to all relevant matter presented. (4) Gas temperature. Gas tempera continued operation to a landing area. IJn consideration of the foregoing, the ture for turbine engines is the tempera Paragraphs (c) of § 7.111 and (d) of Civil Aeronautics Board hereby amends ture of the gas stream obtained as § 7.118 contain options for multiengine Part 6 of the jCivil Air Regulations (14 indicated in the approved engine specifi Category B rotorcraft which permit them CFR Part 6, as amended) effective May cation. to be certificated under the Category A 17, 1958; 5. By amending § 6.401 by redesignatrotorcraft requirements of these sections 1. By amending § 6.1 (c) (1) by in-* ing the present title and text of the when, among other things, the fire pro serting between the words "atmosphere” section as paragraph (a ), by adding a tection requirements for Category A and "defined” the following "(see NACA new title to the section, and adding a rotorcraft are met. This permit's the es Technical Report 1235)” . new paragraph (b) to read as follows: tablishment of limiting heights and 2. By amending § 6.1 (c) (1) (iv) by speeds for safe landing following the fpil- deleting the expression " —67° F.” and § 6.401 Engines. * * * ure of only one engine rather than with inserting in lieu thereof **—69.7° F.” (b) Engine cooling fan blade protec complete power loss, and the demonstra t io n . I f an engine cooling fan is in 3. By amending §6.1 (c) (1) (v) by tion of an autorotative landing rather stalled, means shall be provided to pro deleting the numerals "0.002378” and in than determining the autorotative land tect the rotorcraft and to permit a safe serting in lieu thereof "0.002377”. ing distances. There are contained landing in the event of a fan blade 4. By amending § 6.1 (g) by amending herein amendments to the aforemen failure. Compliance shall be shown tioned sections which delete the require the title, by amending subparagraphs with any one of the provisions of sub- (2) and (3), by redesignating subpara ment that multiengine Category B paragraphs *(1) through (3) of this rotorcraft meet the fire protection re graphs (4) and (5) as subparagraphs (5) paragraph. and (6), respectively, and by adding a quirements applicable to Category A (1) It shall be demonstrated that the new subparagraph (4) to read as follows: rotorcraft when these options are exer fan blades will be contained in the event cised. It is required that the Adminis § 6.1 Definitions. * * * . of failure; trator establish emergency procedures to (g) Powerplant installation} * * * (2) The fan is so located that a fan be followed inrthe event of a powerplant (2) Take-off power or thrust, (i) blade failure will not jeopardize the fire, and these procedures are required Take-off power for reciprocating engines safety of the rotorcraft or its occupants; to be included in the Airplane Flight is the brake horsepower developed under or Manual for Category B rotorcraft. Such standard sea level conditions, under (3 M t shall be demonstrated that the procedures normally entail the execu the maximum conditions of crankshaft fan blade can withstand an ultimate load tion of an immediate landing. In apply- Saturday, April 19, 1958 FEDERAL REGISTER 2593 ing operating limitations to such rotor- 6. By amending § 7.1 (g) by amendingcraft shall have such additional flight craft, it is the Board’s understanding the title, by amending subparagraphs (2) Characteristics as the Administrator that the Administrator will require an and (3), by redesignating subparagraphs finds are essential for safe operations immediate landing in the event of fire (4) and (5) as subparagraphs (5) and under these conditions. while in flight. (6), respectively, and by adding a new (2) Category B. Rotorcraft in this The take-off provisions of Part 7 re subparagraph (4) to read as follows: category shall not be eligible for unlim quire the establishment of a critical de § 7.1 Definitions. * * * ited night and instrument flight. Rotor cision point for Category A rotorcraft, at craft in this category, however, shall be which point the rotorcraft is required to (g> Powerplant installation} • * * (2) Take-off power or thrust, (i) eligible for night flight under VFR con have attained the take-off safety speed ditions, except that the rotorcraft shall necessary to comply with the climb re Take-off power for reciprocating en gines is the brake horsepower developed have such additional flight characteris quirements at that point as well as .to tics as the Administrator finds are essen be able to be stopped, safely following under standard sea level conditions, junder the maximum conditions of crank tial for safe operation under these the engine failure at the critical decision conditions. point. Section 7.114 (a) (2) is being shaft rotational speed and engine mani amended to permit the rotorcraft to be at fold pressure approved for the normal É. By amending § 7.103 (a) by adding a speed less than the take-off safety take-off, and limited in use to a maxi the following phrase to the end of the speed at the critical decision point and, mum continuous period as indicated in second sentence: “however, such means after failure of the critical engine at the approved engine specification. need not be provided if the Administra that point, permit continued acceleration (ii) Take-off power for turbine en tor finds that inherent characteristics so that at the end of the rejected take gines is the brake horsepower developed of the rotorcraft rotor speeds are pro off distance a speed of not less than the under static conditions at specified alti vided” and, by adding the following take-off safety speed is attained. tudes and atmospheric temperatures, phrase at the beginning of the third under the maximum conditions of engine A significant addition to the regula sentence: “I f a means to prevent low rotor shaft rotational speed and gas tem tions is included with respect to § 7.401. rotor speeds is provided,” This section is being amended to require perature approved for normal take-off, 9. By amending § 7.111 (c) by deleting and limited in use to a maximum con a means of protection against cooling the words “ as well as with § 7.384 (a) of fan blade failures. This amendment tinuous period as indicated in the ap this part,” and by adding a note to read proved engine specification. permits alternative means of compliance as follows: (iii) Take-off thrust for turbine en either by containment of the blades in ote gines is the jet thrust developed under N : (See § 7.384 (b ).) Category B rotor the event of failure or by designing the craft structure, controls, rotor mechanisms, static conditions at specified altitudes fan so that it will not fail as a result of and parts essential to a controlled landing engine overspeed. and atmospheric temperatures, under are protected from powerplant fires for at the maximum conditions of engine rotor least 5 minutes. When this part was originally promul shaft rotational speed and gas tempera gated the rotorcraft operating limita 10. By amending § 7.114 (a) by delet tions with respect to night and instru ture approved for the normal take-off, and limited in use to a maximum con ing the words “ accelerated stop” and in ment flight were included in § 7.120. serting in lieu thereof the words “re These limitations are now being placed tinuous period as indicated in the ap proved engine specification. jected take-off”. in § 7.20 with minor editorial changes. (3) Maximum continuous power or 11. By amending §7.114 (a) (1) by The Board appreciates that the develop deleting the words “accelerated stop” ment of automatic stabilization devices thrust, (i) Maximum continuous power for reciprocating engines is the brake and inserting in lieu thereof the words has progressed rapidly and that the limi “rejected take-off”, and by adding the tations contained herein might be un horsepower developed in standard atmos phere at a specified altitude, under following phrase at the end of the sub- duly conservative in respect of certain paragraph “ with the remaining engines rotorcraft. The Board is, therefore, pre the maximum conditions of crankshaft rotational speed and engine manifold operating within their approved limita pared to reconsider these limitations tions,” pressure, and approved for use during during future annual airworthiness 12. By amending § 7.114 (a) (2) by reviews. periods of unrestricted duration. (ii) Maximum continuous power for adding to the second sentence between In addition to the aforementioned the words “ limitations” and “ the climb- changes, there are a number of relatively turbine engines is the brake horsepower developed at specified altitudes, atmos out” the words “ the rotorcraft shall be minor amendments dealing with defini accelerated such that the take-off safety tions and flight requirements. pheric temperatures, and flight speeds, under the maximum conditions of speed is reached by the end of the re Interested persons have been afforded jected take-off distance and” . an opportunity to participate in the mak engine rotor shaft rotational speed and gas temperature, and approved for use 13. By amending § 7.114 (a) (3) by ing of this amendment (22 P. R. 9116), deleting, the term “ accelerate-stop” and and due consideration has been given to during periods of unrestricted duration. (iii) Maximum continuous thrust for inserting in lieu thereof the words “re all relevant matter presented. jected take-off”. In consideration of the foregoing, the turbine engines is the jet thrust devel oped at specified altitudes, atmospheric 14. By amending § 7.115 (a) (1) (v), Civil Aeronautics Board Hereby amends (2) (v), and (3) (v) by deleting the Part 7 of the Civil Air Regulations (14 temperatures, and flight speeds, under the maximum conditions of engine rotor words “in the hot-day condition” in each CPR Part 7, as amended) effective May subdivision and inserting in lieu thereof 17,1958: shaft rotational speed and gas tempera ture, and approved for use during periods the words “ at the temperatures and alti 1-By amending §7.1 (c) (1) by in tudes for which certification is sought.” serting between the words “ atmosphere” of unrestricted duration. (4) Gas temperature. Gas tempera 15. By amending § 7.115 (b) (3) to and ‘defined” the following: “ (see NACA read as follows: * Technical Report 1235)”. ture for turbine engines is the tem perature of the gas stream obtained as 2 By amending §7.1 (c) (1) (iv) by § 7.115 Climb; one-engine-inopera indicated in the approved engine speci tive. * * * deleting the expression “ —67° F.” and fication. inserting in lieu thereof “ —69.7° F.” (b) Category B. * * * 3. By amending §7.1 (c) (l)/ (v ) by 7. By amending § 7.20 by adding a new (3) For all helicopters, the steady aeieting the numerals “ 0.002378” and in paragraph (c) to read as follow^ angle of glide shall be determined at the maximum and m in im um rate-of-descent serting in lieu thereof “ 0.002377.” § 7.20 Rotorcraft categories. * * * 4- By deleting § 7.1 (c) (6). speed in autorotation at maximum (c) The eligibility of rotorcraft forweight at the optimum forward speed. nA By amending § 7.1. (d) (6) (i) by night and instrument flight shall be in aaamg a new sentence at the end thereof accordance with subparagraphs (1) and 16. By amending § 7.118 (b) by adding riPCJea<* a? follows: “ For other fuels, a (2) of this paragraph. a new sentence at the end thereof to lgn unit weight or range of weights (1) Category A. Rotorcraft in thisread as follows: “ The maximum permis e S S ate>.t0 the type of fuels shall be category shall be eligible for night and sible speed descent in autorotation shall instrument flight, except that the rotor- be determined.” 2594 RULES AND REGULATIONS There are contained herein amend 1007, as amended, 1009, as amended; 49 17. By amending I 7.118 (c) by delet U. S. C. 551, 553) ing subparagraph (3>. ments with respect to fuel system filters 18. By amending § 7.118 (d) by delet for both reciprocating and turbine en By the Civil Aeronautics Board. gines and endurance testing of turbine ing the words “ and § 7.384 (a) ” . [ seal] M. C. M ulligan, 19. By amending § 7.120 (c) to read engines stemming fromr the 1957-Annual Secretary. as follows: Airworthiness Review. The amendments dealing with fuel [F. R. Doc. 58-2885; Filed, Apr. 18, 1958; § 7.120 General. * system filters are intended to insure that 8:46 a. m.] (c) For the eligibility of rotorcraft for foreign particles in the fuel which would night and instrument flight see § 7.20 have an adverse effect on the fuel system (a) That said product will cure dan individually and as officers o f said cor in New York City with violating the Wool druff; or poration, and Respondents’ agents, rep Products Labeling Act by labeling as (b) That it will have any lasting effect resentatives and employees, directly or “ 100% wool” , coats which did not con on dandruff or dandruff symptoms ex through any corporate or other device, sist entirely of wool, by failing to label cept during the regular use thereof. in connection with the offering for sale, certain of such coats, and by failing to 2. Disseminating or causing to be dissale or distribution of electrical appli4- set forth separately on labels the fiber seminated, any advertisement by -any ances, cameras, or any other merchan content of interlinings of certain coats. means for the purpose of inducing, or dise in commerce, as “ commerce” is Following acceptance of an agreement which is likely to induce, directly or in defined in the Federal Trade Commis between the parties containing a con directly, the purchase of said product in sion Act, do forthwith cease and desist sent order, the hearing examiner made commerce, as “commerce” is defined in from: his initial decision and order to cease the Federal Trade Commission Act, 1. Supplying to, or placing in the and desist which became on March 15 ~ which advertisement contains any rep hands of others, push cards, punch the decision of the Commission. resentations prohibited in Paragraph 1 boards, or any other lottery devices, The order to cease and desist is as hereof. either with merchandise or separately, follows: ' which are designed or intended to' be By “Decision of the Commission” , etc., I t is ordered, That respondents Sea used in the sale or distribution of mer Isle Sportswear, Inc., a corporation, and report of compliance was required as chandise to the public by means of a follows: its officers, and Charles Beer, Irving game of chance, gift enterprise or lottery Friedland and Leo Friedland, individ I t is ordered, That the respondent scheme; ually and as officers of said corporation, j herein shall within sixty (60) days after 2. Selling or otherwise disposing-of any and respondents’ representatives, agents service upon it of this order, file with merchandise by means of a game of and employees, directly or through any the Commission a report in writing set chance, gift enterprise, or lottery scheme. corporate or other device, in connection ting forth in detail the manner and form By “Decision of the Commission” , etc., with the introduction or manufacture in which it has complied with the order report of compliance was required aax for introduction into commerce, or the to cease and desist. follows: offering for sale, sale, transportation or distribution in commerce, as “ commerce” ' Issued: March 18,1958. I t is ordered, That respondents Pied is defined in the Federal Trade Commis- . mont Products Company, Inc., a corpora By the Commission. sion Act and the Wool Products Label- tion, and Esther Kane, Roberta Layfer [ s e a l] R o ber t M. P a r r ish , ing Act of 1939, of coats or other “wool Secretary. and Mrs. Leslie Lanser, individually and as officers of said'"corporation, - shall, products” as “ wool products” are de- - [F. R. Doc. 58-2905; Piled, Apr. 18, 1958; within sixty (60) days after service upon fined in said Wool Products Labeling 8:51 a. m.] them of this order, file with the Commis Act, do forthwith cease and desist from: ] sion a report in writing, setting forth in A. Misbranding such products by: detail the manner and form in which 1. Falsely or deceptively stamping, tagging, labeling- or otherwise identify they have complied with the order to ing such products as to the character [Docket 6886] cease and desist. or amount of the constituent fibers con- P art 13—D ig e st o f C ease a n d D e s is t Issued: March 18, 1958. tained therein; O rders By the Commission. 2. Failing to securely affix to or place PIEDMONT PRODUCTS CO.* INC., ET AL. on each such product, a stamp, tag, '> [ s e a l ] R obert M . P a r r ish , label 6r other means of identification ' : Subpart—Furnishing means and in Secretary. strumentalities of misrepresentation or showing in a cleat and conspicuous deception: § 13.1055 Furnishing means [F. R. Doc. 58-2904; Filed, Apr. 18, 1958; manner: * and instrumentalities of misrepresenta 8.50 a. m.j a. The percentage of the tdtal fiber tion or deception. Subpart— U sing, weight of such wool product, exclusive selling, or supplying lottery devices: of ornamentation not exceeding five per- § 13.2475 Devices for lottery selling. centum of said total fiber weight, of (1) j [Docket 6965] wool, (2) reprocessed wool, (3> reused (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interpret wool, (4) each fiber other than wool 1 or apply sec. 5, 88 Stat. 719, as amended; 15 P art 13— D ig e st o f 1 C ease a n d D e s is t where said percentage by weight of such | U. S. C. 45) [Cease and desist order, Pied mont Products Company, Inc., et ai., Chicago, O rders fiber is five percentum or more, and (5) j 111., Docket 6886, Mar. 18, 1958] the aggregate of all other fibers; SEA ISLE SPORTSWEAR, INC«, ET AL. b. The maximum percentage of the In the Matter * of Piedmont Products Subpart— total weight of such wool product of Company, Inc., a Corporation, and Misbranding or mislabeling: § 13.1190 Composition: Wool Products any non-fibrous loading, filling or adul Esther Kane, Roberta Layfer and Mrs. terating matter; Leslie Lanser, Individually and as Of Labeling Act; § 13.1212 Formal regula tory and statutory requirements: Wool c. The name or the registered iden- ; ficers of Said Corporation Products Labeling Act. Subpart—neg tification number of the manufacturer j This proceeding was heard by a hear lecting, Unfairly or deceptively, to make of such wool product, or of one or more | ing examiner on the complaint of the material disclosure: § 13.1845 Composi persons engaged in introducing such Commission charging sellers in Chicago tion: Wool Products Labeling Act; wool product into commerce, or in the j of electric shavers, cameras, and other § 13.1852 Formal regulatory and statu offering for sale, sale, transportation, articles of merchandise, with furnish tory requirements: Wool Products Label distribution or delivery for shipment ing push cards and other lottery devices ing Act. thereof in Commerce, as “ commerce” is j defined in the Wool Products Labeling j to operators for their use in selling the (Sec. 6, ¡38 Stat. 721; 15 TJ. S. C. 46. Interpret merchandise to the public. or apply sec. 5, 38 Stat. 719, as amended, Act of 1939. B. Failing to separately set forth] on Following acceptance of an agreement secs. 2-5, 54 Stat. 1128-1130; 15 U. S. C. 45, the required stamp, tag, label or other ■; between the parties containing consent 68- 68c) [Cease and desist order, Sea Isle means of identification the character order, the hearing examiner made his Sportswear, Inc., et al., New York, N. Y., Docket 6965, Mar. 15, 1958] and amount of the constituent fibers initial decision and order to cease and contained in the interlinings of such desist which became on March 18 the In the Matter of Sea Isle Sportswear, decision of the Commission. Inc., a Cdrporation, and Charles Beer, wool products as provided in Rule 24 The order to cease and desist is as Irving Friedland, and Leo Friedland, o f the Rules and Regulations promul- j follows: Individually and as Officers of Said gated under the said Wool Products La beling Act of 1939. I t is ordered, That Respondents Pied Corporation mont Products Company, Inc., a corpo This proceeding was heard by a hear By “Decision of the Commission” , etc., I ration, and its officers, and Esther Kane, ing examiner on the complaint of the report of compliance was required as ] Roberta Layfer and Mrs. Leslie Lanser, Commission charging a manufacturer follows: Saturday, April 19, 1958 FEDERAL REGISTER 2597 It is ordered, That respondents here such portion, and for assessing any such property or rights to property from levy in shall, within sixty (60) days after penalty, shall be 3 years from the last day for the collection of any Federal tax. service upon them of this order, file with prescribed for the filing of the claim under Thus, property exempt from execution section 6420 or 6421, as the case may be. the Commission a report in writing under State personal or homestead ex setting forth in detail the manner and [Sec. 6206 as added by sec. 4 (b ) ( 1), Act of emption laws is, nevertheless, subject to form in which they have complied with Apr. 2, 1956 (Pub. Law 466, 84th Cong., 70 levy by the United States for collection the order to cease and desist. Stat. 90), and as amended by sec. 208 (d ) (1 ), Highway Revenue Act 1956 (70 Stat. 396) ] of its taxes. Issued: March 14, 1958. P ar. 6. Section 301.6402-2 is amended § 301.6206-1 Special rules applicable by striking out all of paragraph ( f ) and By the Commission. to excessive claims under sections 6420 inserting in lieu thereof the following: [ seal] R obert M. P arrish, and 6421. For regulations under section Secretary. 6206, see the Manufacturers and Retail (f) Mailing of refund check. (1) ers Excise Tax Regulations (Part 40 of Checks in payment of claims allowed [P. R. Doc. 58-2906; Filed, Apr. Ï 8, 1958; this chapter). will be drawn in the names of the per 8:51a.m .] sons entitled to the money and, except P ar. 3. Section 301.6312-1 is amended as provided in subparagraph (2) of this as follows: paragraph, the district director may (A) By striking out the period at the TITLE 26— INTERNAL REVENUE, send the checks direct to the claimant end of the first sentence in paragraph 1954 or to such person in care of an attorney (c) and inserting in lieu thereof the or agent who has filed a power of at following: **, or with the Office of the Chapter I— Infernal Revenue Service, torney specifically authorizing him to Treasurer of the United States, Treasury Department of the Treasury receive such checks. Building, Washington, D. C.” Subchapter F— Procedure and Administration (2) Checks in payment of claims (B ) , By striking out the last sentencewhich have either been reduced to judg [T. D. 6292] of paragraph (c) and inserting in lieu ment or settled in the course or as a thereof the following: “In such cases, P art 301— P rocedure and result of litigation will be drawn in the the Federal reserve bank or branch, or A dministration name of the person or persons entitled the Office of the Treasurer of the United to the money and, in the case of actions miscellaneous a m e n d m e n t s States, shall issue a receipt in the name arising in the United States district In order to conform the Regulations of the district director, describing the courts, will be sent to the appropriate on Procedure and Administration (26 certificates, notes, or bills by par or dollar United States attorney, and, in actions CPR Part 301) to (1) the amendments face amount and stating on the face of arising in the United States Court of made to the Internal Revenue Code of the receipt that the certificates, notes, Claims, to the Assistant Attorney Gen 1954 by the Social Security Amendments or bills represented thereby are held by eral, Tax Division, Department of Jus of 1954 (68 Stat. 1052), the Tax Rate the bank or branch, or the Office of the tice, for delivery to the taxpayer or the Extension Acts of 1955, 1956, and 1957 Treasurer of the United States, for re counsel of record in the court proceeding. (69 Stat. 14, 70 Stat. 66, and 71 Stat. 9, demption at the value specified in the (3) For restrictions on the assignment respectively), Act of August 11, 1955 terms under which the certificates, notes, of claims, see section 3477 of the Revised (Public Law 355, 84th Cong., 69 Stat. or bills were issued, and for application Statutes (31 U. S. C. 203). 676), Act of August 11, 1955 (Public Law of the proceeds in payment of taxes due 367, 84th Cong., 69 Stat. 689), Act of or for the purchase of stamps on a speci P ar. 7. Section 301.6402-3 is amended April 2,1956 (Public Law 466, 84th Cong., fied date by the taxpayer named therein.” as follows: 70 Stat. 87), Act of May 29, 1956 (Public P ar. 4. Immediately preceding § 301.- (A) By striking out paragraph (a) Law 545, 84th Cong., 70 Stat. 217), the 6334-1 insert the following: and’ inserting in lieu thereof the following: Highway Revenue Act of 1956 (70 Stat. Sec. 12 [Railroad Retirement Act of 1937, 374), Act of July 25, 1956 (Public Law as amended]. Notwithstanding any other (a) In the case of income tax, claims 796, 84th Cong., 70 Stat. 644), and (2) law of the United States, or of any State, for refund may not only be made on the Act of August 12, 1955 (Public Law Territory, or of the District of Columbia, no Form 843 but may also be made on any 383, 84th Cong., 69 Stat. 715); and in annuity or pension payment shall be as signable or be subject to any tax or to gar individual or corporation Income tax re order to make certain other changes in nishment, attachment, or other legal process turn, or on any amended income tax such regulations, the regulations are under any circumstances whatsoever, nor return. amended as follows: shall the payment thereof be anticipated. (B) By striking out the first two sen P aragraph 301.6206 1. Section is [Sec. 12 as amended by sec. 4, Act of Aug 12, tences of paragraph (b) and inserting in amended as follows: 1955 (Pub Law 383, 84th Cong., 69 Stat. 716), lieu thereof the following: "A properly (A) By renumbering § 301.6206 as effective as of Aug. 29, 1935] executed-, individual or corporation in § 301.6207. _ Sec. 2 [Railroad Unemployment Insur come tax return shall, dt the election of (B) By striking out “ 6206”, the section ance Act]. * * * the taxpayer, constitute a claim for number of the law set forth in such sec (e) Notwithstanding any other law of therefund or credit within the meaning of tion as renumbered, and inserting “ 6207” United States, or of any State, Territory, or section 6402 and section 6511 for the in lieu thereof. the District of Columbia, no benefits shall amount of the overpayment disclosed (C) By adding at the end of such sec be assignable or be subject to any tax or to by such return. - For purposes of section tion 6207 the following historical note: garnishment, attachment, or other legal proc ess under any circumstances whatsoever, nor 6511, sudh claim shall be considered as [Sec. 6206 as renumbered 6207 by sec. (b ) 4 shall the payment thereof be anticipated. filed on the date m i which such return (1), Act of Apr. 2, 1956 (Pub. Law 466, 84th is considered as filed, except that if the Cong., 70 Stat. 90) ] T [Sec. 2 as amended by sec. 4, Act of Aug. 12, requirements of § 301.7502-1, relating to 1955 (Pub. Law 383, 84th Cong., 69 Stat. 716), Par. 2. Immediately after § 301.6205-1 effective as of June 25, 1938] timely mailing treated as timely filing, insert the following new sections:^ are met the claim jshall be considered to P ar. 5. Section 301.6334-1 is amended be filed on the date of the postmark ? 301.6206. Statutory provisions; spe- by striking out all of paragraph (c) and stamped on the cover in which the Cwu rules applicable to excessive claims inserting in lieu thereof the following: return was mailed.” under sections 6410 and 6421. (c) Other property. Annuity or pen (C) By striking out the last sentence 6206. Special rules applicable to ex- sion payments under the Railroad Re of paragraph (c) and inserting in lieu cessive claims under sections 6420 and 6421. thereof the following: “For purposes of tirement Act and benefits under the «ny portion of a payment made under section section 6511, such claim shall be con ® ° r which constitutes an excessive Railroad Unemployment Insurance Act sidered as filed on the date on which ™ unt (as defined in section 6675 (b )), are exempt from levy. No other prop sank any civil penalty provided by section such return is considered as filed, except w 5* may be assessed and collected as if it erty or rights to property are exempt that if the requirements of § 301.7502-1, e a tax imposed by section 4081 and as if from levy except the property specifi relating to timely mailing treated as Person who made the claim were liable cally exempted by section 6334 (a ). No timely filing, are met the claim shall be such tax. £ The period for assessing any provision of a State law may exempt considered to be filed on the date of the 2598 RULES AND REGULATIONS postmark stamped on the cover in which Is claimed as may be required by regulations ices covered by an agreement made pursuant to section 218 of the Social Security Act as the return was mailed.” prescribed under this section. (c) Other laws applicable. All provisions would be wages if such services constituted P ar. 8. Section 301.6412 is amended to of law, including penalties, applicable in employment; the term “employer” includes a. read as follows: respect of the taxes imposed by sections 4061, State or any political subdivision thereof, or § 301.6412 Statutory provisions; floor 4071, and 4081 shall, insofar as applicable any instrumentality of any one or more of and not inconsistent with subsections (a) the foregoing; the term “tax” or “tax imposed stocks refunds. and (b) of this section, apply in respect of by section 3101” includes, in the case of Sec. 6412. Floor stocks refunds— (a ) In the credits and refunds provided for in sub services covered by an agreement made pur general—(1) Passenger automobiles, etc. section (a) to the same extent as if such suant to section 218 of the Social Security Where before July 1,1958, any article subject credits or refunds constituted overpayments Act, an amount equivalent to the tax which to the-tax imposed by section 4061 (a) (2) ; of such taxes. would be imposed by section 3101, if such has been sold by the manufacturer, producer, (d ) Sugar. With respect to any sugar or services constituted employment as defined or importer and on such date is held by a articles composed in chief value of sugar in section 3121; and the provisions pf this dealer and has not been used and is intended upon which tax imposed under section 4501 subsection shall apply whether or not any for sale, there shall be credited or refunded (b) has bden paid and which, on June 30, amount deducted from the employee’s re (without interest) to the manufacturer, 1961, are held by the importer and intended muneration as a result of an agreement made producer, or importer an amount equal to the for sale or other disposition, there shall be pursuant to section 218 of the Social Security difference between the tax paid by such refunded (without interest) to such im Act has been paid to the Secretary. manufacturer, producer, or importer on his porter, subject to such regulations as may be (C ) Employees of certain foreign corpo sale of the article and the amount of tax prescribed by the Secretary or his delegate, rations. For purposes of paragraph (1) of made applicable to such article on and after an amount equal to the tax paid with respect this subsection, the term “wages” includes July 1, 1958, if claim for such credit or re to such sugar or articles composed in chief such remuneration for services covered by fund is filed with the Secretary or his dele value of sugar. an agreement made pursuant to section 3121 gate on or before November 10, 1958, based (e) Cross reference. For floor stocks re ( 1) as would be wages if such services con upon a request submitted to the manufac funds in case of certain alcohol and tobacco stituted employment; the term “employer" includes any domestic corporation which has turer, producer, or importer before October taxes, see sections 5063 and 5707. 1, 1958, by the dealer who held the article entered into an agreement pursuant to sec in respect of which the credit or refund is [Sec. 6412 as amended by sec. 3 (b) (4), tion 3121 (1 j ; the term “tax” or “tax imposed claimed, and, on or before November 10,1958, Tax Rate Extension Act 1955 (69 Stat. 15); by section 3101,” includes, in the case of serv reimbursement has been made to such dealer sec. 3 (b) (4), Tax Rate Extension Act 1956 ices covered by an agreement entered into by such manufacturer, producer, or importer (70 Stat. 67); sec. 19, Act of May 29, 1956 pursuant to section 3121 (1), an amount for the tax reduction on such article or (Pub. Law 545, 84th Cong., 70 Stat. 221); sec. equivalent to "the tax which would be imposed written consent has been obtained from such 208 (a) , Highway Revenue Act 1956 (70 Stat. by section 3101, if such services constituted dealer to allowance of such credit or refund. 392); sec. 3 (b) (4), Tax Rate Extension Act employment as defined in section 3121; and (2) Trucks and buses, tires, tread rubber, 1957 (71 Statv10) ] the provisions of paragraph ( 1) of this sub and gasoline. Where before July 1, 1972, section shall apply whether or not any P ar. 9. Section 301.6413 is amended by any article subject to the tax imposed by amount deducted from the employee’s re section 4061 (a) (1), 4071 (a) (1) or (4), or striking out subsections Cc) and (d) of muneration as a result of the agreement 4081 has been sold by the manufacturer; pro section 6413 and inserting in lieu thereof entered into pursuant to-section 3121 (1) has ducer, or importer and on such date is held by the following: been paid to the Secretary or his delegate. (d ) Refund o f credit of Federal unemploy a dealer and has not been used and is in (c) Special refunds— (1) In general. I f by ment tax. Any credit allowable under sec tended for sale (or, in the case of tread reason of an employee receiving wages from' tion 3302, to the extent not previously al rubber, is intended for sale or is held for more than one employer during a calendar lowed, shall be considered an overpayment, use), there shall be credited or refunded year after the calendar year 1950 and prior to but no interest shall be allowed or paid with (without, interest) to the manufacturer, the calendar year 1955, the wages received by respect to such overpayment. producer, or importer an amount equal to him during such year exceed $3,600, the em the difference between the tax paid by such ployee shall be entitled (subject to the provi [Sec. 6413 as amended by sec. 202 of the So manufacturer, producer, or importer on his sions of section 31 (b ) ) to a credit or refund cial Security Amendments 1954 (68 Stat. sale of the article and the amount of tax of any amount of tax, with respect to such 1089)] made applicable to such article on and after wages, imposed by section 1400 of the Inter July 1,1972, if claim for such credit or refund nal Revenue Code of 1939 and deducted from P ar. 10. Section 301.6416 is amended is filed with the Secretary or his delegate on the employee’s wages (whether or not paid as follows: or before November 10, 1972, based upon a to the Secretary or his delegate), which 4 Federal Communications Commission editorial change in § 8.324 (e) (2) of its rules and regulations; and Fre Nature^N at,ire/0F of SERVICES stations It appearing that the amendment Band Me Service Class of station quency adopted herein is editorial in nature for Me the purpose of correcting the frequency 7 8 9 10 - 11 band 8874-8476 kc to 8374-8476 kc and, therefore, prior publication of notice of proposed rule making under the provi sions of sections 4 (a) and (b) of the 152.2475- LAND TRANSPORTA Administrative Procedure Act is unnec 152.4725 TION (NG54) essary, and for the same reason the ef fective date provisions of section 4 (c) of the Administrative Procedure Act need not be complied with; and It further appearing that the amend 156.25- Maritime a. Coast. 156.3 MARITIME MOBILE 157.45 mobile. b. Ship. (NG8) ment adopted herein is issued pursuant (NQ1) 156.35 MARITIME MOBILE to authority contained in sections 4 (i), (NG7) 156.4 MARITIME MOBILE (NG31) 5 (d) (1), and 303 (r) of the Communi 156.45 MARITIME MOBILE' cations Act of 1934, as amended, and sec 156.5 MARITIME MOBILE (NG31) tion 0.341 (a) of the Commission’s State 156.55 MARITIME MOBILE ment of Organization, Delegations of 156.6 MARITIME MOBILE Authority and Other Informátion; (NG9) (NG31) 156.65 MARITIME MOBILE I t is ordered, This 15th day of April 156.7 MARITIME MOBILE 1958, that effective April 25, 1958, § 8.324 156.8 MARITIME MOBILE (NG10) (e) (2) is amended as set forth below. 156.9 MARITIME MOBILE 156.95 MARITIME MOBILE Released : April 16,1958. 157.0 MARITIME MOBILE (NG31) F ederal C ommunications 157.05 MARITIME MOBILE C o m m is s io n , 157.1 GOVERNMENT [ s e a l ! M a r y J a n e M o r r is , 157.15 Do. Secretary. 157.2 Do. 1. Section 8.324 (e) (2) is amended by 157.25 MARITIME MOBILE 157.3 Do. deleting the present text thereof and 157.35 Do. substituting the following therefor: 157.4 Do. (2) For use by ship stations (public or 157.45- Land mobile___ a. Base. 157.4575- LAND TRANSPORTA 161. 575 b. Land mobile 157.7325 TION limited) on board cargo ships, each of (NG1) (NG54) specific frequencies designated in table CNG7) (NG55) 1-c of Appendix I I to this part in the following bands: 2065-2107 kc. \ 4187-4238 kc. 159.4875- LAND TRANSPORTA 6280.5-6357 kc. 161. 5675 TION (NG1I) (NG35) (NG54) (NG40) 8374-8476 kc. (NG55) 12561-12714 kc. 16748-16952 kc. 161. 575- Maritime a. Coast. 161.6 MARITIME MOBILE 161.625 mobile. b. Ship. (NG52) (NG11) (NG35) (NG53) 22270-22400 kc. (NG1) (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. (NG7) 154. Interprets or applies sec. 303, 48 Stat. 161.625- Land mobile.... a. Base. 161.6325- LAND TRANSPORTA- 1082, as amended; 47 U. S. C. 303) 161.825 b. Mobile, 161.8175 [ TION (NG11) (NG35) (NG1) (NG54) [F. R. Doc. 58-2933; Filed, Apr. 18, 1958; 8:54 a. m.] 161.825- Maritime Coast. 161.85 Coast ^(NG35) 162.0 mobile. 161.9 Coast (NG1) 161.95 Do. (NG7]T 162.0 Do. TITLE 43— PUBLIC LANDS: 2. Add new footnotes NG52, NG53, NG55 Notwithstanding the frequency INTERIOR NG54 and NG55 to § 2.104 (a) (5) to limits specified in footnote NG54, as a special Chapter I— Bureau of Land Manage read as follows: . condition, the frequencies 157.450 and 159.480 Me may be assigned to stations in ment, Department of the Interior NG52 On the condition that harmful in the Land Transportation Service for single Appendix— Public Land Orders terference is not caused to stations in the sideband operation _ on the condition that Land Transportation Radio Service, the fre only the upper sideband is employed. [Public Land Order 1615] quency 161.6 Me is available for use only in conjunction with 157.0 Me as a duplex fre^ 3. Delete footnotes NG19 and NG37 [L580463] quency pair for port operation functions. from §2.104 (a) (5). A l ask a NG53 Existing licensees authorized as of (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. May 15, 1958, to operate Land Transporta REVOKING EXECUTIVE ORDER NO. 6946 OF tion Radio Service stations on the frequency 154. Interprets or applies sec. 303, 48 Stat. JANUARY 11, 1935, WHICH WITHDREW 1082, as amended; 47 U. S. C. 303) 161.61 Me may continue such operation in PUBLIC LANDS FOR ADMINISTRATIVE PUR accordance with Commission rules until fur [F. R. Doc. 58-2932; Filed, Apr. 18, 1958; POSES; WITHDRAWING PORTION OF RE ther order of the Commission. In the in 8:54 a. m.] LEASED LANDS FOR USE OF UNITED STATES terim, existing authorizations may be re FISH AND WILDLIFE SERVICE AS DILLING newed or modified to permit expansion of existing systems, but no new systems will HAM ADMINISTRATIVE SITE be authorized. [Rules Arndt. 8-4] By virtue of the authority vested in NG54 The frequencies shown in column the President by section 1 of the Act of 10 are the first and last assignable frequen P art —S t a t io n s o n S h ipbo ar d i n t h e June 25, 1910, c. 421 (36 Stat. 847; 43 cies in this band. While the normal spacing 8 between assignable frequencies is 80 he, the M a r it im e S e r vices U. S. C. 141) and otherwise, and pur Commission, at its discretion, may assign suant to Executive Order No. 10355 of FREQUENCIES FOR WORKING frequencies separated by only 15 kc under May 26, 1952, it is ordered as follows: the conditions specified in Part 16 of the The Commission having under con- 1. Executive Order No. 6946 of Jan Commission’s Rules. sidération the desirability of making an uary 11, 1935, which reserved and set Saturday, April 19, 1958 FEDERAL REGISTER 2603 apart 23.62 acres of public lands in metalliferous minerals. They will be will be considered as filed on the hour and Alaska now described as United States open to location for nonmetalliferous respective dates shown for the various Survey No. 2262, for the joint use and minerals at 10:00 a. m., on August 20, classes enumerated in the following occupancy of the Bureau of Biological 1958. paragraphs: Survey, Department of Agriculture (now R oger E r n s t , (1) Applications by .persons having United States Fish and Wildlife Service, Assistant Secretary of the Interior. prior existing valid settlement rights, Department of the Interior) and the preference rights conferred by existing Alaska Game Commission for a wildlife A p r il 15,1958. laws, or equitable claims subject to al administrative site, is hereby revoked. [F. R. Doc. 58-2892; Filed, Apr. 18, 1958; lowance and confirmation will be adju 2. Subject to valid existing rights, the 8:48 a. m .] dicated on the facts presented in sup following-described land, which is a por port of each claim or right. All appli tion of the lands described in Paragraph cations presented by persons other than 1 of this order, is hereby withdrawn from those referred to in this paragraph will all forms of appropriation under the [Public Land Order 1616] be subject to the applications and claims public land laws, including the mining [Utah 010096] mentioned in this paragraph. but not the mineral-leasing laws, nor (2) All valid applications under the the act of July 31, 1947 (61 Stat. 681; U t a h Homestead, Desert Land, and Small 30 U. S. C. 601-604), as amended, and PARTIALLY REVOKING PUBLIC LAND ORDER NO. Tract Laws by qualified veterans of reserved for use of the United States Fish 983 OF JULY 22, 1954 World War II or of the Korean Con flict, and by others entitled to preference and Wildlife Service, Department of the By virtue of the authority vested in the rights under the act of September 27, Interior, as the Dillingham Administra President, and pursuant to Executive 1944 (58 Stat. 747; 43 U. S. C. 279-284 as tive Site: Order No. 10355 of May 26, 1952, it is amended), presented prior to 10:00 a. m., Beginning at Conner 1 of U. S. Survey No. ordered as follows: on May 21, 1958, will be considered as 2262, which is Corner 11 of U. S. Survey No. 1. Public Land Order No. 983 of July simultaneously filed at that hour. Rights 2732A, on the west side of Dillingham Town- 22, 1954, which reserved public lands in site, about 1,600 feet north of the Nushagak under such preference right applications Utah for use of the United States Atomic River, thence filed after that hour and before 10:00 Energy Commission, is hereby revoked so N. 715' W., 19.08 chs. along line 1-2 of Survey a. m„ on August 20, 1958, will be gov far as it affects the following described erned by the time of filing. 2262, lands: East 10.68 chs., along line 2-3 o f said survey, Salt L ake Meridian (3) All valid applications and select South 15.93 chs.. tions under the nonmineral public-land West 5.27 chs., ■" „ T. 35 S., R. 18 E., laws, other than those coming under South 3.00 chs., to point on the south bound Secs. 34 and 35. paragraphs (1) and (2) above, presented ary of U. S. Survey No. 2262, T. 36 S., R. 18 E., West 3.00 chs., to point of beginning. Secs. 3, 4, 9,10 and 14; prior to 10:00 a. m., on August 20, 1958, Sec. 25, S % ; will be considered as simultaneously filed - The area described contains 16.36 Sec. 26. at that hour. Rights under such ap acres. T. 35 S'., R. 19 E„ plications and selections filed after that 3. The following-described land has Secs. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, hour will be governed by the time of been classified for lease or sale under the 21, 22, 23, and 24. filing. act of June 4, 1954 (68 Stat. 173; 43 T. 36 S., R. 19 Ew b. The national forest lands shall, at U. S. C. 869), and may therefore not be Sec. 17; Sec. 18, EVfc; 10:00 a. m., on May 21, 1958, be open to appropriated under any other public- Sec. 19, E y2; such disposition including locations land law: Sec. 20. under the United States mining laws as Beginning at a point on line 3-4, U. S. Sur T. 35 S., R. 20 E., may by law be made of National Forest vey No, 2262, from which corner No. 3 bears Secs. 6, 7, 8,17, 18 and 19. lands. Sections 4 and 9 of T. 36 S., R. 18 North 4.00 chains, thence: The areas described aggregate ap E., however, shall not be open to location West 3.00 chs., proximately 21,440 acres. under the mining laws until 10:00 a. m., South 11.93 chs., 2. The lands are rough and mountain on August 20, 1958. All the lands have East 3.00 chs., ous and all of them are a part of the been opened to applications and offers North 11.93 chs. to point of beginning. Manti-LaSal National Forest except sec under the mineral leasing laws. 5. Persons claiming veterans prefer The tract described contains 3.58 acres. tions 4 and 9, T. 36 S., R. 18 E. 4. This order shall not become effec 3. No application for lands in secs. 4 ence rights must enclose with their ap plications proper evidence of military or tive to change the status of the remain and 9 may be allowed under the home naval service, preferably a complete ing lands, aggregating 3.68 acres, until stead, desert-land, small tract, or any 10:00 a. m. on May 21, 1958. At that other nonmineral public-land law unless photostatic copy of the certificate of time the said land shall become subject the lands have already been classified as honorable discharge. . Persons claiming to application, petition, location and valuable or suitable for such type of ap preference rights based upon valid settle ment, statutory preference, or equitable selection under the applicable public plication, or shall be so classified upon claims must enclose properly corrobo land laws, subject to valid existing rights, the consideration of an application. Any rated statements in support of their the provisions of existing withdrawals, application that is filed will be considered claims. Detailed rules and regulations the requirements of applicable laws, and on its merits. The lands, will not be governing applications which may be the 91-day preference right filing period subject to occupancy or disposition until filed pursuant to this notice can be found lor Veterans and others entitled to pref- they have been classified, 4. Subject to any valid existing rights in Title 43 of the Code of Federal under the act of September 27, Regulation?. 1944 (58- Stat. 747; 43 U. S. C. 279-284) and the requirements of applicable law, Inquiries concerning the lands shall be as amended. The Territory of Alaska the said sections 4 and 9 are hereby opened to filing of applications, selec addressed to the Manager, Land Office, has waived, as to these lands, its pref Bureau of Land Management, Salt Lake erence right of selection afforded it by tions, and locations in accordance with the following: City, Utah. the act of July 28, 1956 (70 Stat. 709: R oger E r n s t , 48U.S. c. 46-3b). a. Applications and selections under Assistant Secretary of the Interior. the nonmineral public-land laws may be 5. The restored lands have been open presented to the Manager mentioned A pril 15, 1958. 0 applications and offers under the below, beginning on the date of this mineral-leasing laws and to location for [F. R. Doc. 58-2893; Filed, Apr. 18, 1958; order. Such applications and selections 8:48 a. m.J No. 78— — 4 2604 RULES AND REGULATIONS [Public Land Order 1617] submitted comments, views, and data in ocean steam or motor passenger vessels [BLM 036414] s connection with the items considered not to exceed 300 gross tons. at this public hearing. On the basis of 4. Section 10.05-5 (a) (9) is amended A r k a n sa s and M is s o u r i comments received, some changes were to read as follows: WITHDRAWING PUBLIC LANDS FOR USE OF made in the proposals in Item II I— § 10.05-5 Master of coastwise steam DEPARTMENT OF THE ARMY IN CONNEC Passenger Vessels Carrying More Than Six Passengers and Subject to the Act or motor vessels, (a) * * * TION WITH TABLE ROCK DAM AND RESER (9) 1 year’s service as licensed master VOIR PROJECT of May 10, 1956 (P. L. 519, 84th Cong.). The amendments in this item, as re of steam or motor vessels, or as licensed By virtue of the authority vested in vised, are adopted and set forth in this ocean operator of inspected mechani the President and pursuant to Executive document. cally propelled, passenger-carrying ves Order No. 10355 of May 26, 1952, it is Only minor changes were made in the sels, operating on limited ocean or coast ordered as follows: proposals in Item III. With respect to wise routes for a license as master of Subject to valid existing rights and the requirements for licensing of merchant coastwise steam or motor passenger ves provisions of existing withdrawals, the marine personnel, the provisions in 46 sels, not to exceed 300 gross tong and following-described public lands are CFR 10.05-3 (a) (8), 10.05-5 (a) (9), limited to the Atlantic, Gulf of Mexico hereby withdrawn from all foyms of ap 10.05-7 (a ), 10.05-45 (a ), and 10.20-5 or Pacific Coast of the United States, propriation under the public land laws, (b) (1) (v) were revised to clarify the according to the documented qualifying including the mining and mineral-leas scope of application or descriptive lan experience of the applicant. ing laws, but excepting disposals of ma guage used. With respect to changes 5. Section 10.05-7 is amended to read terials under the_act of July 31,1947 (61 affecting passenger vessels, 46 CFR 70.OS- as follows: Stat. 681; 30 U. S. C. 601-604) as 15 (b), 71.30-1 (a ), 72.40-5 (b) (1), and amended, and reserved for use of the De 77.23-1 were revised to clarify the scope § 10.05-7 Master of ocean or coast partment of the Army in connection with of application or descriptive language wise sail vessels, (a ) The minimum the Table Rock Dam and Reservoir used. In addition, other editorial service required for a license as master Project: t changes necessary to have uniformity in of ocean or coastwise sail vessels of 100 Arkansas requirements were made. gross tons and over is listed in this para FIFTH PRINCIPAL MERIDIAN By virtue of the authority vested in graph. In order to be eligible for an unlimited license, an applicant must Boone County: me as Commandant, United States Coast Guard, by Treasury Department have acquired all of his qualifying serv * T. 2tN ., R. 22 W., ice on vessels of 500 gross tons or over. Sec. 14, Si/aSE^NE^. Orders 126, dated July 31, 1950 (15 F. R. Carroll County: 6521), 167-9, dated August 3, 1954 (19 (1) 1 year’s service as a licensed mas T. 20 N., R. 27 W., F. R. 5195), 167-14, dated November 26, ter of ocean or coastwise uninspected Sec. 10, W *4N E !/4 S W a n d Ny2N E ^ 1954 (19 F. R. 8026), 167-20, dated June sail vessels; or, NW%. 18, 1956 (21 F. R. 4894); and CGFR 56- (2) 2 years’ service as master of ocean The areas described aggregrate <60 acres. 28, dated July 24, 1956 (21 F. R. 5659), or coastwise sail vessels of 100 gross tons M is s o u r i to promulgate regulations in accordance or over; or, (3) 1 year’s service as a licensed mas FIFTH PRINCIPAL MERIDIAN with the statutes cited with the regula tions below, the following amendments ter of ocean or coastwise auxiliary sail Stone County: are prescribed and shall be in effect on vessels; or, T. 22 N., R.-22 W., and after June 1, 1958: (4) 2 years’ service as'a licensed mate Sec. 30, SW%NEi/4.. of ocean or coastwise uninspected sail The area described contains 19.75 acres. Subchapter B— Merchant Marine Officers and Vessels; or, The areas described by this order total Seamen (5) 2 years’ service as a licensed ocean operator of ocean or coastwise sail ves 79.75 acres. P art 10—L ic e n s in g o f O f fic e r s a n d R oger E r n s t , sels carrying passengers; or, M otorboat O perators a n d R egistra Assistant Secretary of the Interior. (6) 5 years’ service in the deck de t io n o f S t a ff o f f ic e r s partment'of ocean or coastwise sail ves A pril 15, 1958. 1. Authority: In the citation of au sels, of which at leaist 1 year shall have [P. R. Doc. 58-2894; Piled, Apr. 18, 1958; thority for Part 10, insert in "interpret been as mate. 8:49 a. m.} or apply” sentence "sec. 3, 70 Stat. 152; (b) An applicant who submits satis 46 U. S. C. 390b.” factory documentary evidence that he has served as master of ocean or coast TITLE 46— SHIPPING SUBPART 10.01— GENERAL wise sail vessels of 100 gross .tons or over Chapter I-—Coast Guard, Department 2. Section 10.01-5 is amended by add for a period of at least 1 year, prior to of the Treasury ing a new paragraph (f) reading as June 1, 1958, shall be eligible without follows: . professional examination for a license [CGFR 58-8] as master of ocean or coastwise sail ves § 10.01-5* Authority for regula sels of 100 to 700 gross tons, commensu M iscellaneous A m e n d m e n t s to I n s p e c tions. * * * rate with his experience: Provided, That t io n R equirements T o I m p l e m e n t A ct (f ) Operators? and ocean operators’such applicant for a license under the o f M ay 10, 1956, as A m e n d e d licenses. The regulations regarding the provisions of this paragraph shall fulfill Notices regarding proposed changes in operators’ and ocean operators’ licenses all requirements, other than professional the navigation and vessel- inspection interpret or apply sec. 3, 70 Stat, 152, examination, for an original license, in regulations were published in the F ederal 153 (46 U. S. C. 390b). cluding citizenship, physical examina R eg ister dated February 12, 1958 (23 SUBPART 10.05— PROFESSIONAL REQUIRE tion, character and U. S. Public Health F. R. 905-910), and March 1, 1958 (23 Service First Aid Certificate: And pro MENTS FOR DECK OFFICERS’ LICENSES (IN F. R. 1268-1270),, as Items I through vided further, That 6 months of the re SPECTED vfesSELS) X V III of an Agenda to be considered bÿ quired 1 year of experience shall have the Merchant Marine Council. Pursuant 3. Section 10.05-3 (aV is amended by been within the 3 years immediately pre to these notices a public hearing was adding a new subparagraph (8), reading ceding the date of application. Applica held on March 18,1958, by the Merchant as follows: tion for the issuance of licenses under Marine Council at Washington, D. C. the provisions of this paragraph must be This document is the first of a series § 10.05-3 Master of ocean steam or filed within a period of 1 year after June covering the régulations and actions motor vessels, (a) * * * I, 1958. However, if the applicant can considered at this public hearing and an (8) 2 years’ service as licensed master show that because of active military nual session of the Merchant Marine of steam or motor vessels, or as licensed service, he was unable to obtain 6 Council. ocean operator of inspected mechani months’ service within the past 3 years The Coast Guard acknowledges the as cally propelled, passenger-carrying ves or to file application within the 1 year sistance given to the Merchant Marine sels, operating on limited ocean or coast period provided, the actual time spent Council by those interested parties who wise routes for a license as master of in military service shall not be counted " 5' • Saturday, April 19, 1958 FEDERAL REGISTER 2605 in computing either the 3-year period plicable to the waters over which the 4426, and 4490, as amended, sec. 3, 24 or the 1-year period specified in this applicant operates. > Stat. 129, 41 Stat. 305, sec. 2, 45 Stat. paragraph. ***** 1493, sec. 2, 49 Stat. 888, sec. 5, 49 Stat. 6. Section 10.05-45 (a) is amended to (v) The proper method of operating 1384, secs. 1 and 2, 49 Stat. 1544, and read as follows: and navigating motorboats, and other sec. 3, 54 Stat. 347, as amended, sec. 3, vessels of fifteen gross tons or less pro 70 Stat. 152, 153, and sec. 3, 68 Stat. 675 § 10.05-45 Examination for license as pelled by machinery other than steam, (46 U. S. C. 391, 392, 404, 482, 483, 363, deck officer of ocean or coastwise steam, carrying passengers. 85a, 88a, 369, 367, 1333, 390b, and 50 motor or sail vessels, (a) An applicant U. S. C. 198). for license as deck officer of either ocean 10. Section 10.20-11 is amended to (e) Stability. (1) The regulations or coastwise steam and motor vessels, read as follows: regarding stability of passenger vessels or sail vessels of 100 gross tons or over, § 10.20-11 Issuance of duplicate li interpret or apply R. S. 4417, 4418, 4426, or master of steam and motor yachts, cense. Section 10.02-23 shall govern the and 4490, as amended, sec. 3,24 Stat. 129, shall pass a satisfactory written exami issuance of duplicate motorboat opera 41 Stat. 305, sec. 2, 45 Stat. 1493, sec. 2, nation as to his knowledge of the sub tors’ licenses. 49 Stat. 888, sec. 5, 49 Stat. 1384, secs. 1 jects listed in paragraph (b) of this sec (R. S. 4405, as amended, 4462, as amended, and 2, 49 Stat. 1544, and sec. 3, 54 Stat. tion. However, if the license to be issued 347, as amended, sec. 3, 70 Stat. 152, 153, is limited on its face in a manner that 46 U. S. C. 375; 416. Interpret or apply R. S. 4417a, as amended, 4426, as amended, 4427, and Sec. 3, 68 Stat. 675 (46 U. S. C. 391, would make any of the specific subjects as amended, 4438-4442, as amended, 4445, as 392, 404, 482, 483, 363, 85a, 88a, 369, 367, unnecessary or superfluous, the exami amended, 4447, as amended, sec. 2, 29 Stat. 1333, 390b, and 50 U. S. C. 198). nation should be amended accordingly. 188, as amended, sec. 1, 34 Stat. 1411, secs. 1, (f) Lifesaving equipment. (1) The Examinations for licenses not incor 2, 49 Stat. 1544, 1545, as amended, sec. 7, 53 regulations regarding lifesaving equip porated in Table 10.05-45 (b) shall be Stat. 1147, as amended, secs. 7, 17, 54 Stat. ment of passenger vessels interpret or of suitable scope and character to 165, as amended, 166, as amended, sec. 3, 54 apply R. S. 4417, 4418, 4426, 4481, 4482, determine the applicant’s proficiency. Stat. 347, as amended, sec. 2, 68 Stat. 484, sec. 3, 70 Stat. 152, sec. 3, 68 Stat. 675; 46 4488, and 4491, as amended, secs. 1 and 2, SUBPART 10.20— MOTORBOAT OPERATORS’ U. S. C. 391a, 404, 405, 224, 224a, 226, 228, 49 Stat. 1544, sec. 17, 54 Stat. 166, and LICENSES 229, 214, 231, 233‘, 225, 237, 367, 247, 526f, sec. 3, 54 Stat. 347, as amended, sec. 3, 526p, 1333, 239b, 390b, 50 U. S. C. 198) 7. Section 10.20-1 (a) is amended to 70 Stat. 152, 153, and sec. 3, 68 Stat. 675 read as follows: (46 U. S. C. 391, 392, 404, 474, 475, 481, Subchapter H— Passenger Vessels 489, 367, 526p, 1333, 390b, and 50 U. S. C. § 10.20-1 General application, (a) 198). P art 70— G e n e r a l P r o v is io n s The regulations in this subpart apply to (g) Fire protection and equipment. , all applicants for license to operate SUBPART 70.01— AUTHORITY AND PURPOSE (1) The regulations regarding fire pro motorboats, or other vessels of fifteen 1. Section 70.01-10 is amended to read tection equipment of passenger vessels gross tons or less propelled by machinery as follows: interpret or apply R. S. 4417, 4418, 4426, other than steam, while carrying six or 4470, 4471, 4477, 4479, and 4483, as less passengers for hire. § 70.01-10 Authority for regulations— amended, secs. 1 and 2, 49 Stat. 1544, sec. (a) General. The authority to prescribe 8. Section 10.20-3 is amended by re 17, 54 Stat. 166, sec. 3, 54 Stat. 347, and vising paragraph (a) (3) and para regulations generally is set forth in R. S. sec. 2, 54 Stat. 1028, as amended, sec. 3, graph (c) to read as follows: 4405, as amended, and 4462, as amended 70 Stat. 152, 153, and sec. 3, 68 Stat. 675 (46 U. S. C. 375 and 416), as well as in (46 U. S. C. 391, 392, 404, 464, 470, 472, § 10.20-3 General requirements. other provisions of Title 52 of the R e 476, 367, 526p, 1333, 463a, 390b, and 50 (a) * * * vised Statutes and acts amendatory U. S. C. 198). (3) An applicant for a motorboat op thereof or supplemental thereto. Under (h ) , Vessel control and miscellaneous erator’s license to operate motorboats, the provisions of R. S. 4403, as amended systems and equipment. (1) The regu or other vessels of fifteen gross tons or (46 U. S. C. 372), the Commandant, lations regarding vessel control and mis less propelled by machinery other than United States Coast Guard, superintends cellaneous systems and equipment of steam, on the navigable waters of the the administration of the vessel inspec passenger vessels interpret or apply R. S. United States in the vicinity of Puerto tion laws and is required to produce a 4417, 4418, and 4426, as amended, secs. 1 Rico, who speaks Spanish only, will be correct and uniform administration of and 2, 49 Stat. 1544, sec. 17, 54 Stat. 166, issued a license restricted to those the inspection, laws, rules, and regula waters. and sec. 3, 54 Stat. 347, as amended, sec. tions. 3, 70 Stat. 152, 153, and sec. 3, 68 Stat. (b) Inspection and certification. (1) ‘675 (46 U. S. C. 391, 392, 404, 367, 526p, (c) An applicant for a license as an The Regulations regarding inspection and 1333, 390b, and 50 U. S. C. 198). operator shall submit an application on certification of passenger vessels inter (i) Operations. (1) The regulations Coast Guard Form CG-866 to the Officer pret or apply R. S. 4399, 4400, 4417, 4418, regarding operations of passenger ves in Charge, Marine Inspection. I f the 4421, 4423, 4426, 4428-4430, 4433, 4434, sels interpret or apply R. S. 4417, 4418, applicant’s capacity, knowledge, experi and 4453, as amended, sec. 14, 29 Stat. 4426, and 4453, as amended, secs. 1 and ence, character and habits of life are 690, secs. 10 and 11, 35 Stat. 428, 41 Stat. 2, 49 Stat. 1544, sec. 17, 54 Stat. 166, and such as to warrant entrusting him with 305, 49 Stat. 1544, 1935, and sec. 3, 54 sec. 3, 54 Stat. 347, as amended, sec. 3, the duties and responsibilities involved Stat. 347, as amended, sec. 3, 70 Stat. 152, 70 Stat. 152, 153, and sec. 3, 68 Stat. 675 in the operation and navigation of 153, and sec. 3, 68 Stat. 675 (46 U. S. C. motorboats, or other vessels of fifteen (4(5 U. S. C. 391, 392, 404, 435, 367, 526p, 361, 362, 391, 392, 399, 400, 404, 406-408, 1333, 390b, and 50 U, S. C. 198) . tons or less propelled by machinery 411, 412, 435, 366, 395, 396, 363, 367, 660a, other than steam, carrying passengers J.333, 390b, and 50 U. Si C. 198). SUBPART 70.05— APPLICATION tor hire, a license authorizing him to dis- (c) Construction and arrangement. £narge such duties on any such motor- (1) The regulations regarding the con 2. Section 70.05-1 is amended be re ooats or vessels for a term of five years struction and arrangement of passenger vising the headnote and text of para shall be issued to him. vessels interpret or apply R. S. 4417,4418, graph (a ), including subparagraphs (1) to (5), inclusive, but Table 70.05-1 (a) 9. Section 10.20-5 (b) (1) is amended4426, and 4490, as amended, sec. 3, 24 Stat. 129, 41 Stat. 305, sec. 5, 49 Stat. shall remain in effect except that foot Dy revising subdivisions (i) and (v) to note 6 referred to in column 4 of the re&d as follows: 1384, secs. 1 and 2, 49 Stat. 1544, sec. 3, 54 Stat. 347, and sec. 2, 54 Stat. 1028, as Table) is revised, as follows: * § 10.20-5 Professional examinations. amended, sec. 3, 70 Stat. 152, 153, and § 70.05-1 United States flag vessels (b) ( i) * * * sec. 3, 68 Stat. 675 (46 U. S. C. 391, 392, subject to the requirements of this sub 404, 482, 483, 363, 369, 367, 1333, 463a, chapter. (a) This subchapter shall be Regulations governing motorboats, 390b, and 50 U. S. C. 198). applicable to all United States flag ves Uc °tller vessels of fifteen gross tons or (d) Subdivision. (1) The regulations sels indicated in Column 4 of Table s propelled by machinery other than regarding subdivision of passenger ves 70.05-1 (a) that are over 65 feet^ in am, and the collision regulations ap sels interpret or apply R. S. 4417, 4418, length measured from end to end over 2606 RULES AND REGULATIONS thè deck excluding sheer, except as except that the Certificate of Inspection shall be considered to include all ves follows: issued to the vessel shall be valid for a sels indicated in Column 4 erf Table (1) Any vessel operating exclusively period of three years in lieu of one year, 70.05-1 (a), which are of more than 65 on inland waters which are not navir and reinspection will be made annually feet in length meaured from end to end gable waters of the United States; or, between inspections for certification. over the deck excluding sheer, except as (2) Any vessel while laid up and dis (c) Vessels in existence as passengerotherwise noted in this subpart. mantled and out of commission; or, vessels before Jjine 1, 1958, and vessels (R. S. 4405, as amended, 4462, as amended; (3) With the exception of vessels of contracted for as passenger vessels prior 46 U. S. C. 375, 416. Interpret or apply R. S. the U. S. Maritime Administration, any to June 1, 1958, which are subject to the 4426, as amended, sec. 5, 49 Stat. 1384, as vessel with title vested in the United act of May 10, 1956, shall meet the ap amended, secs. 1, 2, 49 Stat. 1544, as amended, States and which is used for public plicable requirements of this subchapter sec. 17, 54 Stat. 166, as amended, sec. 3, 54 purposes. insofar as is reasonable and practicable Stat. 347, as amended, sec. 2, 54 Stat. 1028, in the opinion of the Officer in Charge, as amended, sec. 3, 70 Stat. 152, sec. 3, 68 T able 70.05-1 (a ) Stat. 675; 46 U . S. C. 404, 369, 367, 526p, * * * * * Marine Inspection. In this respect, he 1333, 463a, 390b, 50 U. S. C. 198; E. O. 10402, •The meaning of the term “passenger” is may grant departures from specific re 17 F. R. 9917; 3 CFR, 1952 Supp.) as defined in the act of May 10, 19Ç6 (sec. 1, quirements of this subchapter if in his 70 Stat. 151; 46 U. S. O. 390). opinion the circumstances warrant such departure. In any case, the Officer in P art 71—I nspection and Certification 3. Subpart 70.05 is amended by insert Charge, Marine Inspection, shall satisfy SUBPART 71.01— CERTIFICATE OF INSPECTION ing a new section to follow § 70.05-1, himself that the vessel and its equipment reading as follows: are in good condition and satisfactory 1. Section 71.01-10 is amended to read § 70.05-3 Foreign vessels subject to for the purpose intended. as follows: the requirements of this subchapter. Ca) SUBPART 70.10— DEFINITION OF TERMS USED .§ 71.01-10 Period of validity, (a) Except as specifically noted in paragraph IN THIS SUBCHAPTER Certificates of inspection will be issued (b) of this section, this subchapter shall for a period of one year, except for those be applicable to the extent prescribed by 5. Section 70.10-2^ Motorboat is de vessels subject only to the act of May law to all foreign vessels of the following leted. 10, 1956 (46 U. S. C. 390-390g), when classifications indicated in Column 4 of 6. Section 70.10-35 is amended to read the certificates will be issued for a period Table 70.05-1 (a) that are over 65 feet as follows: of three years. Application may be in length measured from end to end over § 70.10-35 Passenger. A passenger is made by the owner for inspection and the deck excluding sheer: every person other than the master and issuance of a new certificate of inspec (1) Foreign vessels which carry more the members of the crew or other per tion at any time within its period of than 12 passengers from any port in the sons employed or engaged in any capac validity. United States; or, ity on board a vessel in the business of (b) The certificate of inspection may (2) Foreign vessels, other than those that vessel. The following special con be revoked or suspended at any time. mentioned in subparagraph (1) of this siderations should be noted: SUBPART 71.3 0— REINSPECTION paragraph, which carry more than 6 pas (a) In the case of a vessel on an inter sengers from any port in the United national voyage a child under one year 2. Section 71.30-1 (a) is amended to States, and which are: of age is not counted as a passenger. read as follows: (i) Mechanically propelled vessels of (b) For vessels subject to the provi § 71.30-1 When made, (a) In gen not more than 15 gross tons; or, sions of the act of May 10, 1956, the (ii) Sailing vessels of not more than eral, at least three reinspections shall be term “passenger" means every person made on each vessel within one year. 700 gross tons; or, carried on board a vessel other than: (iii) Non-self-propelled vessels of not These reinspections will be made at ap (1) The owner or his representative; proximately equal intervals between more than 100 gross tons. (2) The master and the bona fide (b) The provisions of this subchapter annual inspections. For those vessels members of the crew engaged in the subject only to the act of May 10, 1956 shall not be applicable to those foreign business of the vessel who have con vessels covered by paragraph (a) of this (46 U. S. C. 390-390g), reinspections will tributed nq consideration for their car be made annually between inspections section which are: riage and who are paid for their services; (1) Any vessel of a foreign nation for certification. In the case of vessels (3) Any employee of the owner of the with a seasonal schedule, reinspections signatory to the International Conven vessel engaged in the business of the tion for the Safety of Life at Sea, 1948, will be made during the operating season owner, except when the vessel is operat if practicable. and which has on board a current valid ing under a bareboat charter; safety certificate; or, (4) Any employee of the bareboat SUBPART 71.45— SANITARY INSPECTIONS (2) Any vessel of a foreign-nation hav charterer of the vessel engaged in the ing inspection laws approximating those business of the bareboat charterer; 3. Section 71.45-1 (a) is amended to of the United States together with re (5) Any guest on board a vessel which read as follows: ciprocal inspection arrangements with is being used exclusively for pleasure §71.45-1 When made, (a ) An inspec the United States, and which has on purposes who has not contributed any tion of passenger and crew quarters, board a current valid certificate of in consideration directly or indirectly, for toilet and washing spaces, serving pan- spection issued by its government under his carriage; or, tries, galleys, etc., shall be made, in such arrangements. (6) Any person on board a vessel general, at least once in every month. 4. Section 70.05-15 is amended to read documented and used for tugboat or I f the route of thp vessel is such that it as follows: towboat service of fifty gross tons or is away from a United States port for more who has hot contributed any con more than one month, an inspection § 70.05-15 Vessels subject to the act sideration, directly or indirectly, for his shall be conducted at least once every of May 10, 1956. (a) The act of May 10, carriage. trip. 1956 (46 U. S. C. 390-390g), applies to vessels which carry more than 6 passen 7. Subpart 70.10 is amended by in (R. ¡3. 4405, as amended, 4462, as amended; gers and which are: serting a new section to follow § 70.10- 46 U . S. C. 375, 416. Interpret or apply (1) Mechanically propelled vessels of 41, reading as follows: R. S. 4399, as amended, 4400, as amended, 4417, as amended, 4418, as amended, 4421, not more than 15 gross tons; or, §70.10-41 Sailing vessel. This term as amended, 4423, as amended, 4426, as (2) Sailing vessels of not more than means a vessel with no mechanical amended, 4428-4430, as amended, 4433, as 700 gross tons; or, means of propulsion, all propulsive amended, 4434, as amended,, 4453, as (3) Non-self-propelled vessels of not •power being provided by sails. amended, sec. 14, 29 Stat. 690, as amended, more than 100 gross tons. secs. 10, 11, 35 Stat. 428, 41 Stat. 305,'secs. (b) Except as further set forth in this 8. Section 70.10-45 is amended to read 1, 2, 49 Stat. 1544, as amended, 49 Stat. 1935, as follows; as amended, sec. 3, 54 Stat. 347, as amended, section, all vessels subject to the Act of sec. 3, 70 Stat. 152, sec. 3, 68 Stat. 675; 46 May 10,1956, shall meet all of the appli § 70.10-45 Vessel. Where the word U. S. C. 361, 362, 391, 392, 399, 400, 404, cable requirements of this subchapter “ vessel” is used in this subchapter, it 406-408, 411, 412, 435, 366, 395, 396, 363, 367, Saturday, April 19, 1958 FEDERAL REGISTER 2607 660a, 1333, 390b, 50 U, S. C. 198; E. O. 10402, P art 74—S tability1 normally accessible to the passengers or 17 P. R. 9917; 3 CPR, 1952 Supp.) crew on any vessel having sleeping ac SUBPART 74.01— APPLICATION commodations for passengers or on any P art 72— C onstruction and Section 74.01-1 (a) (4) is amended to vessel on an international voyage. read as follows: A rrangeaient SUBPART 76.10— FIRE MAIN SYSTEM, DETAILS SUBPART 72.01— HULL STRUCTURE § 74.01-1 General, (a ) * * * (4) Any other vessel whose stability 3. Paragraph (a ) of § 76.10-5 Fire L Section 72.01-1 (a) is amended to is questioned by the Officer in-Charge, pumps, (a) is amended by revising the read as follows: Marine Inspection, including any vessel footnotes in Table 76.10-5 (a ), as follows: a. Footnote 1 is deleted and references subject to the act of May 10, 1956 (46 § 72.01-1 Application, (a) The pro thereto in table are deleted. U. S. C. 390-390g). . visions of this subpart, with the excep b. Footnote 2 is renumbered 1 and ref tion of § 72.01-90, shall apply to all (R. S. 4405, as amended, 4462, as amended; 46 erences thereto in table revised accord vessels contracted for on or after No IT. S. C. 375. 416. Interpret or apply R. S. ingly. vember 19, 1952, which are not subject 4417. as amended, 4418, as amended, 4426, as amended, 4490, as amended, sec. 3, 24 Stat. 4. Section 76.10-5 (c) is amended to to the act of May 10, 1956 (46 U. S. C. read as follows: 390-390g). Vessels contracted for prior 129, as amended, 41 Stat. 305, as amended, to November 19, 1952, which are not sec. 2, 45 Stat. 1493, sec. 2, 49 Stat. 888, as (c) Each pump shall be capable of amended, sec. 5, 49 Stat. 1384, as amended, delivering water simultaneously from the subject to the act of May 10, 1956, shall secs. 1, 2, 49 Stat. 1544, as amended, sec. 3, meet the requirements of § 72.01-90. 54 Stat. 347, as amended, sec. 3, 70 Stat. 152, two highest outlets at a Pitot tube pres The application of this subpart to vessels sec. 3, 68 Stat. 675; 46 U. S. C. 391, 392, 404, sure of approximately 50 p. s. i. Where subject to the act of May 10, 1956, shall 482, 483, 363, 85a, 88a, 369, 367, 1333, 390b, 50 one or both of these outlets is a 1 Yz-inch be in accordance with the policy ex IT. S. C. 198; E. O. 10402, 17 P. R. 9917; 3 CPR, Siamese fitting, both branches of the pressed in § 70.05-15 of this subchapter. 1952 Supp.) Siamese fitting at each such outlet shall be utilized for the purpose of this SUBPART 72.40— RAILS AND GUARDS P art 75— L if e s a v in g E q u ip m e n t requirement. # 2. Section 72.40-5 (b ), which includes SUBPART 75.01— APPLICATION 5. Section 76.10-10 is amended by de subparagraphs (1) and (2), is amended leting subparagraphs (j) (6) and (1) to read as follows: Section 75.01-1 is amended to read as (3 ) , by revising subparagraph (j) (4 ), follows: § 72.40-5 Where rails required. * * * and by revising subparagraph (j) (7) (b) Such rails on decks accessible to § 75.01-1 Details of application. Ex and redesignating it subparagraph (j) passengers shall be in at least three cept as specifically noted, the provisions (6), and the'revised subparagraphs (j) courses and shall be at least 42 inches of this part shall apply to all vessels. (4) and (j) (6) read as follows: high, except: . ^ (R. S. 4405, as amended, 4462, as amended; § 76.10-10 Fire hydrants and hose. (1) Where, the height of the rails in 46 U. S. C. 375, 416. Interpret or apply R. S. * * * terferes with the business of the vessel, 4417, as amended, 4418, as amended, 4426, as ( j ) * * * as in the case of a sport fishing vessel, amended, 4481, as amended, 4482, as amended, 4488, as amended, 4491, as amended, secs. 1, 2, (4) Except as noted in subparagraph other arrangements may be specifically (5 ) , all hose nozzles shall be of either the approved by the Commandant: Pro 49 Stat. 1544, as amended, sec. 17, 54 Stat. 166, as amended, sec. 3, 54 Stat. 347, as smooth bore type or the approved type vided, That in general the effective rail amended, sec. 3, 70 Stat. 152, sec. 3, 68 Stat. combination nozzle. or bulwark height above the deck on 675; 46 IT. S. C. 391, 392, 404, 474, 475, 481, 489, ***** which the passengers stand shall be at 367, 526p, 1333, 390b, 50 U. S. C. 198; E. O. (6) Where approved combination noz least 30 inches. 10402, 17 F. R. 9917; 3 CPR, 1952 Supp.) zles are used but not required, the ap (R. S. 4405, as amended, 4462, as amended; plicator with low velocity fog spray head 46 U. S. C. 375, 416. Interpret or apply R. S. P art 76—F ir e P r o t e c t io n E q u ip m e n t and the self-cleaning strainer may be 4417, as amended, 4418, as amended, 4426, as fitted but will not be required. amended, 4490, as amended, sec. 3, 24 Stat. SUBPART 76.05— FIRE DETECTING AND EX 129, as amended, 41 Stat. 305, as amended, TINGUISHING EQUIPMENT, WHERE RE 6. Section 76.10-90 (a) (2) is amended sec. 5, 49 Stat. 1384, as amended, secs. 1, 2, QUIRED by revising the text thereof, as follows: 49 Stat. 1544, as amended, sec, 3, 54 Stat. 347, as amended, sec. 2, 54 Stat. 1028, as 1. Paragraph (a) of §*76.05-1 Fire § 76.10-90 Installations contracted amended, sec. 3, 70 Stat. 152, sec. 3, 68 Stat. detecting systems is amended by revis for prior to November 19,1952. (a) * * * 675; 46 U. S. C. 391, 392, 404, 482, 483, 363, ing the footnotes for Table 76.05-1 (a ), (2) All vessels shall be fitted with fire 369, 367,1333, 463a, 390b, 50 U. S. C. 198; E. O. as follows: pumps, hoses, and nozzles in accordance 10402, 17 P. R. 9917; 3 CPR, 1952 Supp.) a. Footnote 4 is deleted and references with Table 76.10-90 (a> (2). thereto in table are deleted. 7. Table 76.10-90 (a) (2) of § 76.10-90 P art 73—W a t e r t ig h t S u b d iv is io n b. Footnote 5 is renumbered 4 and references thereto in table revised ac (a) (2) is amended by revising the foot SUBPART 73.01:— APPLICATION cordingly. notes only, as follows: a. Footnote 1 is deleted and references Section 73.01-1 is amended by adding c. Footnote 6 is renumbered 5, refer ences thereto in table revised accord thereto in table are deleted. a new paragraph (b) thereto, reading as b. Footnote 2 is renumbered 1 and follows: ingly, and the text of footnote amended to read as follows: references thereto in table revised ac § 73.01-1 General: * * * cordingly. (b) The provisions of this part shall ' B Not required on vessels of less than 300 gross tons (except on an international voy SUBPART 76.50— HAND PORTABLE FIRE EX apply to vessels subject to the act of age) using fuel with a flash point higher TINGUISHERS AND SEMIPORTABLE FIRE EX May 10, 1956 (46 U. S. C. 390-390g), in than 1I 0 ? F*. TINGUISHING SYSTEMS, ARRANGEMENTS, accordance with the policies stated in AND DETAILS § 70.05-15 of this subchapter. d. Footnotes 7 to 9, inclusive, renum bered 6 to 8, inclusive, respectively, and 8. Paragraph (a) of § 76.56-10 Loca (R. S. 4405, as amended, 4462, as amended; 46 references thereto in table revised R- S. C. 375, 416. Interpret or apply R. S. tion is amended by revising the footnotes 4417, as amended, 4418, as amended, 4426, as accordingly. in Table 76.50-10 (a ), as follows: amended, 4490, as amended, sec. 3, 24 Stat. e. Footnote 10 is deleted and references a. Footnotes 2, 6 and 9 are deleted 129, as amended, 41 Stat. 305, as amended, thereto in table are deleted. and references thereto in table are gec. 2, 45 Stat. 1493, sec. 2, 49 Stat. 888, as 2_ Section 76.05-5 (a) is amended to deleted. tended, sec. 5, 49 Stat. 1384, as amended, b. Footnotes 3, 4 and 5 are renumbered secs. 1, 2, 49 Stat. 1544, as amended, sec. 3, read as follows: 54 Stat. 347, as amended, sec. 3, 70 Stat. 152, 2, 3 and 4, respectively, and references sec. 3, 68 Stat. 675; 46 V. S. C. 391, 392, 404, § 76.05-5 Manual alarm system, (a) thereto in table revised accordingly. 482, 483, 363, 85a, 88a, 369, 367, 1333, 390b, An approved manual alarm system shall c. Footnotes 7 and 8 are renumbered S. C. 198; E. O. 10402, 17 P. R. 9917; 3 be installed in all areas, other than the 5 and 6, respectively, and references CPR, 1952 Supp.) main machinery spaces, which are thereto in table revised accordingly. 2608 RULES AND REGULATIONS d. Footnote 10 is renumbered 7 and (1) Means shall be provided to oper ' P art 78— O perations ate the whistle or other appliance by references thereto in table revised SUBPART 78.05— ‘NOTICE TO MARINERS AND mechanical means from a position adja accordingly. AIDS TO NAVIGATION 9. Section 76.50-15 is amended to read cent to the main steering station and as follows: from the steering station on top of the 1. Section 78.05-1 is amended to read wheelhouse where such steering station as follows: § 76.50-15 Spare charges, (a) Spare is fitted. Details of the whistle oper § 78.05-1 Duty of officers, (a) L i charges shall be carried on all vessels ating device shall be as described in for at least 50 percent of each size and censed deck officers are required to ac Subchapter J (Electrical Engineering) quaint themselves with the latest each variety, i. e., foam, soda-acid, car of this chapter. bon dioxide, etc., of hand portable fire information published by the Coast (2) In general, the whistle shall be Guard and the United States Navy re extinguisher required by § 76.50-10 (a ). located on the forward side of or above However, if the unit is of such variety garding aids to navigation. Neglect to the structure of the vessel so as to be as do so is evidence of neglect of duty. It that it cannot be readily recharged by free of obstructions as possible. Where the vessel’s personnel, one spare unit of is desirable that all vessels have avail practicable, it shall be installed at least able in the pilothouse for convenient the same classification shall be carried 6 feet above the wheelhouse, except that in lieu of spare charges for all such units reference at all times a file of the ap on vessels navigating the Western Rivers, plicable Notice to Mariners. of the same size and variety. and any vessel of less than 100 gross (b) Spare charges shall be so pack (1) Notice to Mariners, published tons, it shall be at least 2 feet above the weekly by the Coast Guard, contains an aged as to minimize the hazards to per wheelhouse. sonnel while recharging the units. Acid nouncements and information regarding (3> On double ended ferry vessels and aids to navigation and charts of waters shall be contained in a Crown stopper similar vessels, where steam whistles are type of bottle. of the United States and is available for employed, they shall be installed both free distribution at field offices of the (c) Extra safety valve units shall be forward and aft of the stacks or one carried on all vessels for at least 50 per Coast Guard, United States Coast and such whistle on either the port or star Geodetic Survey field stations, and the cent of all foam type hand portable fire board side of the stack. extinguishers and semiportable fire ex Marine Division, Customhouse. tinguishing systems. 5. Section 77.20-5 Motorboats oper (2) Notice to Mariners, published ating on the high seas is deleted. weekly by the United States Navy for SUBPART 76.60— FIRE AXES 6. Section 77.20-10 Motorboats oper the correction of charts, sailing direc 10. Section 76.60-1 (a) is amended to ating on the navigable waters of the tions, light lists, and other publications, read as follows: United States, which includes Table and which includes foreign waters and 77.20-10 (a ), is deleted. certain waters of the United States, is § 76.60-1 Application, (a) The pro available for free distribution at the SUBPART 77.23— FOG HORNS visions of this subpart shall apply to all Hydrographic Office, Branch Hydro- vessels. 7. Section 77.23-1 is amended to read graphic offices', or any of the agencies (R. S. 4405, as amended, 4462, as amended, as follows: of seaboard ports, and is also on file in 46 U. S. C. 375, 416. Interpret or apply R. S. § 77.23-1 When required, (a) Ves the United States consulates where they 4417, as amended, 4418, as amended, 4426, as may be inspected. amended, 4470, as amended, 4471, as amend sels shall be equipped with an efficient ed, 4477, as amended, 4479, as amended, 4483, fog horn as prescribed by the pilot rules 2. Section 78.05-5 (a) Is amended to as amended, secs. 1, 2, 49 Stat. 1544, as for the waters on which the vessel is read as follows: amended, sec. 17; 54 Stat. 166, as amended, navigated. On vessels in ocean or coast sec. 3, 54 Stat. 367, as amended, sec. 2, 54 Stat. wise service, the fog horn shall be § 78.05-5 Charts, (a) All vessels, ex 1028, as amended, sec. 3, 70 Stat. 152, sec. 3, sounded by mechanical means. cept barges, ferryboats, and vessels oper 68 Stat. 675; 46 U. S. C. 391, 392, 404, 464, ating exclusively on rivers, shall have 470, 472, 476, 367, 526p, 1333, 463a, 390b, 50 8. Section 77.23-5 Motorboats is de charts of the waters upon which they U. S. C. 198; E. O. 10402, 17 P. R. 9917; 3 leted. operate available for convenient référ CPR, 1952 Supp.) SUBPART 77.25— FOG SOUND SIGNAL DEVICES ence at all times. P art 77—V e sse l C o n t r o l a n d M is c e l 9. Section 77.25-1 is amended to read SUBPART 78.10— PERSONS ALLOWED IN l a n e o u s S y s t e m s a n d E q u ip m e n t as follows: PILOTHOUSE AND ON NAVIGATION BRIDGE SUBPART 77.17— NAVIGATION LIGHTS AND § 77.25-1 When required, (a) All 3. Section 78.10-5 (a) is amended to SHAPES vessels shall be provided with an efficient read as follows : 1. Section 77.17-1 is amended to read fog bell at least 8 inches in diameter. § 78.10-5 Posting, (a) The master of as follows : The fog bell shall be located where the every vessel shall keep three printed sound will be least obstructed. § 77.17-1 When required, (a) All copies of § 78.10-1, Form CG-D02, posted (b) All vessels of more than 350 feet in conspicuous places on such vessel, one vessels shall be equipped with naviga in length shall be provided with a fog tion lights and shapes as prescribed by of which shall be kept posted in the pilot gong which will produce a sound easily house. the pilot rules applicable to the waters on distinguishable from the sound of the which the vessel is navigated. . bell required by paragraph (a) of this SUBPART 78.13— STATION BILLS 2. Section 77.17-5 Motorboats operat section and shall have a range of audi bility approximating that of the bell. 4. Section 78.13-20 (a) is amended to ing on the high seas is deleted. read as follows:' 3. Section 77.17-10 Motorboats oper Vessels operating exclusively on the ating on the navigable waters of the Great Lakes and the inland waters of § 78.13-20 Manning of lifeboats and the United States shall be exempt from United States is deleted. life rafts, (a) The provisions of this this paragraph. section shall apply to all vessels. SUBPART 77.20— WHISTLES 10. Section 77.25-5 Motorboats oper SUBPART 78.17— TESTS, DRILLS, AND 4. Section 77.20-1 is amended to read ating on the high seas is deleted. INSPECTIONS as follows: 11. Section 77.25-10 Motorboats op § 77.20-1 Vessels other than sailing erating on the navigable waters of the 5. Section 78.17-1 (a) is amended to vessels and barges, (a) All vessels other United States is deleted. read as follows : than sailing vessels and barges shall be (R. S. 4405, as amended, 4462 as amended; § 78.17-1 Application, (a) Except as equipped with an efficient whistle or 46 U. S. C. 375, 416. Interpret or apply R. S. specifically noted, the provisions of this similar appliance to give the necessary 4417, as amended, 4418, as amended, 4426, subpart shall apply to all vessels. whistle signals required by the pilot rules as amended, secs. 1, 2, 49 Stat. 1544, as applicable to the waters on which the amended, sec. 17, 54 Stat. 166, as amended, SUBPART 78.30— LO O K O U T S , PILOTHOUSE sec. 3, 54 Stat. 347, as amended, sec. 3, 70 WATCH, PATROLMEN, AND WATCHMEN vessel is navigated. The location of the Stat. 152, sec. 3, 68 Stat. 675; 46 U. S. C. 391, whistle and operating devices shall be as 392, 404, 367, 526p, 1333, 390b, 50 U. S. C. 198; 6. Section 78.30-5 (a) is amended to] follows: E. O. 10402, 17 F. R. 9917; 3 CFR, 1952 Supp.) read as follows: ÿ Saturday, April 19, 1958 FEDERAL REGISTER 2609 § 78.30-5 Pilothouse watch, (a) In Ad P art 137— S u s p e n s io n a n d R e v o c a t io n fifteen gross tons or less propelled by dition to the licensed deck officer or pilot, P r o c e e d in g s 4 / machinery other than steam, while car rying passengers for hire, is in secs. 7 there shall be at least one member of 1. The citation of authority for the the crew also on watch in or near the and 17, 54 Stat. 165, 166, as amended regulations in this part is revised to read (46 U. S. C. 526f, 526p). pilothouse at all times when the vessel as follows: is being navigated. (3) The authority for regulations re A uthority; § § 13,7.01—1 to 137.21-10 issued garding crews of uninspected vessels of 7. Section 78.30-10 (a) is amended to under R. S. 4405, as amended, 4462, as 106 gross tons and upward, except fish read as follows: amended; 46 U. S. C. 375, 416. Interpret or ing or whaling vessels, or yachts, or those apply R. S. 4450, as amended, secs. 1, 2, 49 § 78.30-10 Supervised patrol, (a) Stat. 1544,1545, as amended, secs. 1, 2, 68 Stat. vessels navigating rivers exclusively and The provisions of this section shall apply 484, sec. 3, 70 Stat. 152, secs. 1-12, 60 Stat. the smaller inland lakes, is in sec. 13 (a), to all vessels on an international voyage, 237-244, sec. 3, 68 Stat. 675; 46 U. S. C. 239, 38 Stat. 1169, as amended (46 U. S. C. and to all other vessels having berthed 367, 239a, 239b, 390b, 5 U. S. C. 1001-1011, 672 (a)). 50 U. S. C. 198. or stateroom accommodations for pas SUBPART 157.05— APPLICATION sengers. This section shall be applica SUBPART 137.0 I:—PURPOSE, AUTHORITY, AND 2. Sectibn 157.05-1 (a) is amended to ble at all tinies when passengers are on SCOPE OF REGULATIONS board. read as follows: 2. Section 137.01-5 is amended by 8. Section 78.30-15 (a) is amended to adding a new paragraph (c), reading as § 157.05-1 General, (a) The regu read as follows: lations in this part shall be applicable follows: to all vessels, other than inspected pas § 78.30-15 Watchmen, (a) The pro § 137.01-5 Assignment of func senger vessels of not more than 65 feet visions of this section shall apply to all tions. * * * in length, which are subject to the vessels not required to have a supervised Cc) The Secretary of the Treasury by manning requirements contained in the patrol under the provisions of § 78.30-10. Treasury Department Order No. 167-20, navigation and vessel inspection laws of This section shall be applicable at all dated June 18,1956 (21 F. R. 4894) , dele the United States. Since the manning times when passengers are on board. gated to the Commandant the functions requirements for a particular vessel can SUBPART 78.37— LOG BOOK ENTRIES vested in the Secretary of the Treasury only be determined after a thorough by the act of May 10, 1956 (70 Stat. 151- consideration of the many factors in 9v Section 78.37-1 (a> is amended to 154; 46 U. S. C. 390-390g>. The Com volved, such as size, type, proposed read as follows: mandant hereby further delegates to routes of operation, cargo carried, type § 78.37-1 Application, (a) Except as examiners the authority to revoke or of business in which employed, etc., the specifically noted, the provisions of this suspend a license issued by the Coast Officer in Charge, Marine Inspection, subpart shall apply to all vessels. Guard under the Act of May 10, 1956. shall determine if such vessel is subject to any or all of the manning provisions SUBPART 78.65— EXHIBITION OF LICENSE Subhapter P— Manning of Vessels of the navigation and vessel inspection 10. Section 78.65-5 Motorboat opera laws and shall establish, when required tors is deleted. P art 157—M a n n in g R equirements by law or regulation in this chapter, the (R. S. 4405, as amended, 462, as amended; SUBPART 157.01-10— AUTHORITY AND minimum manning requirements con 46 U. S. C. 375, 416. Interpret or apply R. S. PURPOSE sidered necessary for the safe navigation 4417, as amended, 4418, as amended, 4426, as 1. Section 157.01-10 is amended by reof the vessel. amended, 4453, as amended, secs. 1,2, 49 Stat. 1544, as amended, sec. 17, 54 Stat. 166, as vising paragraphs (b) and (c) to read as SUBPART 157.30— SPECIAL PROVISIONS amended, sec. 3, 54 Stat. 347, as amended, follows: 3. Subpart .157.30 is amended by in sec. 3, 70 Stat. 152, sec. 3, 68 Stat. 675; 46 § 157.01-10 Authority_ for regula serting a new section to follow § 157.30-5, U. S. C. 391, 392, 404, 435, 367, 526p, 1333, 390b, 50 U. S. C. 198; JE. O. 10402, 17 P. R. 9917; tions. * * * which reads as follows: (b) Manning of inspected vessels. (1) 3 CFR, 1952 Supp.) § 157.30-7 Passenger vessels of not The requirements regarding the man more than 65 feet in length, (a) Regu ning of inspected vessels are set forth lations governing manning requirements Subchapter K— Marine Investigations and in various statutes with many qualifica on inspected passenger vessels of not Suspension and Revocation Proceedings tions as to their application^. The regu more than 65 feet in length are con lations interpret or apply, subject to P art 136—M a r in e I nvestigation tained in Part 186 of Subchapter T of various limitations contained in the e g u l a t io n s this chapter. R laws, R. S. 4401, 4417a, 4421, 4426, 4427, 1. The citation of authority for the 4438, 4438a, 4453, 4463, 4477, 4488, and (Sec. 3, 70 Stat. 152; 46 U. S. C. 390b) regulations in this part is revised to read 4551 ( j )> as amended, sec. 2, 37 Stat. 733, 4. Section 157.30-30 is amended to read as follows:' secs. 2 and 13, 38 Stat. 1164, 1169, 49 as follows: Authority: B 136.01-1 to 136.23-1 issued Stat. 1544,1545,1936, sec. 7, 53 Stat. 1147, under R, s. 44Q5, as amended, 4462, as secs. 7 and 17, 54 Stat. 165, 166, sec. 3, § 157.30-30 Licensed operators for amended; 46 U. S. C. 375, 416. Interpret or 54 Stat. 347, and secs. 1 to 8, 62 Stat. ■ vessels subject to the Motorboat Act of apply R. S. 4450, as amended, secs. 1, 2, 49 232-234, as amended, sec. 3, 70 Stat. 152, 1940, as amended, (a) Every motor- Stat. 1544, 1545, as amended, sec. 3, 70 Stat. and sec. 3, 68 Stat. 675 (46 U. S. C. 364, boat, apd any other vessel of fifteen gross 152, sec 3, 68 Stat. 675; 46 U. S. C. 239, 367, 391a, 399, 404, 405, 224, 224a, 435, 222, tons or less propelled by machinery other 390b, 50 U. S. C. 198. 470, 481, 643 (j), 223, 673, 672, 367, 689, than steam, as defined by the Motorboat SUBPART 136.01— AUTHORITY AND SCOPE 247, 526f, 526p, 1333, 229a-229h, 390b Act of April 25, 1940, as amended (secs. OF REGULATIONS and 50 U. S. C. 198). 1, 7, 17, 54 Stat. 163, 165, 166; 46 U.'S. C. (c) Manning of uninspected vessels. 526, 526f, 526p), while carrying pas 2. Section 136.01-1 (b) is amended to (1) The authority for regulations re sengers for hire whether such motorboat read as follows { garding manning of all vessels'of 200 or vessel is certificated or not, shall be § 136.01-1 Authority and scope of gross tons and over, however propelled, operated or navigated by a person duly regulations. * * including yachts, navigating the high licensed for such service by the Coast (b) Acts in violation of Title 46, U. S. seas, which are subject to the provisions Guard. Code, sections 170, 214, 215, 222, 224, of the Officers’ Competency Certificates (b) A license as master, chief mate, 224a, 226, 228-234, 239, 240, 361, 362, 364, Convention, 1936 (International Labor second mate or third mate of ocean and 367, 372, 373, 375-382, 384, 385, 390-390g, Organization Draft Convention Num 391, 391a, 392, 393, 399, 400, 402-416, bered 53), is in R. S. 4438a, as amended coastwise inspected vessels or a license 435-440, 451-453, 460-463, 464, 467, (46 U. S. C. 224a). as ocean operator issued under the act of 470-481, 482, 489-498, or Title 50, U. S. (2) The authority for regulations re May 10, 1956 (70 Stat. 151-154; 46 Code, section 198, or any of the regula garding the licensed operator for unin U. S. C. 390-390g), \£ill authorize the tions issued thereunder; or, spected motorboats, or other vessels of holder to serve as an operator of a motor- 2610 RULES AND REGULATIONS boat, or other vessel of fifteen gross tons Motorboat Act of April 25, 1940, as case shall be considered by the Secretary or less propelled by machinery other amended, on the class vessel, waters and or his authorized representative and an than steam, under the Motorboat Act within Other restrictions in his license. exception will be allowed or denied. of April 25, 1940, as amended. (R. S. 4426, as amended, secs. 7, 17, 54 Stat. § 104.7 Payments by other Federal (c) A license as master, mate or pilot -165, 166, 'as amended; 46 U. S. C. 404, 526f, agencies. Moneys received from the Vet of inspected vessels on waters other than 526p) erans Administration or other govern ocean and coastwise waters, or a license (R. S. 4405, as amended, 4462, as amended; mental agency pursuant to the act of as master, mate or pilot of yachts on the 46 U. S. C. 375, 416) February 25, 1933 (47 Stat. 907; 25 U. S. Great Lakes, other lakes, bays, and Dated: April 15, 1958. C. 14), may be accepted and adminis sounds or rivers, or a license as opera tered for the benefit of adult Indians tor issued under the act of May 10,1956, [ s e a l ] A. C. R ic h m o n d , under legal disability or minors for whom will authorize the holder to serve as an Vice Admiral, U. S. Coast Guard, no legal guardian or fiduciary has been operator of a motorboat, or other vessel Commandant. appointed. , of fifteen gross tons or less propelled by [F. R. Doc. 58-2929; Filed, Apr. 18, 1958; § 104.8 Purchase orders. Purchase machinery other than steam, under the 8:54 a. m.J orders may be issued only in emergencies upon the request of any account holder. The Secretary or his authorized repre sentative may act in emergencies on be half of an account holder who is unable PROPOSED RULE MAKING to make a request because of illness or incapacity or, to meet expenses of last illness or funeral. DEPARTMENT OF THE INTERIOR (b) “ Minor” means an individual who' has not reached his majority as defined § 104.9 Restrictions. Funds of indi Bureau of Indian AfFairs by the laws of the state of his domicile. viduals may be applied by the Secretary or his authorized representative against [ 25 CFR Part 104 ] § 104.2 Osage Agency. The provi delinquent claims of indebtedness to the sions of this part do not apply to funds United States or any of its agencies or to I n d iv id u a l I n d ia n M o n e y A c c o u n t s { the deposit or expenditures of which is the tribe of which the individual is a NOTICE OF PROPOSED RULE MAKING subject to the provisions of Part 108 of member unless such payments are pro this subchapter. hibited by acts of Congress. Funds de A p r il 15, 1958. § 104.3 Individual accounts. Except rived from the sale of capital assets Notice is hereby given of intention to which by agreement approved prior to revise Part 104—Individual Indian as otherwise provided in this part, adults shall have the right to withdraw such sale by the Secretary or his author Money Accounts, Title 25 of the Code of ized representative are to be expended Federal Regulations, to read as set forth funds from their accounts. Upon their application, or an application made in for specific purposes, and funds obligated below. The purpose of the revision is to under contractual arrangements ap bring Part 104 up to date and provide their behalf by the Secretary or his authorized representative, their funds proved in advance by the Secretary or the Secretary or his authorized repre his authorized representative or subject sentative with discretionary authority shall be disbursed to them, or, upon written request of such adults, to third to deductions specifically authorized or in the administration of individual In directed by acts of Congress, shall be dian money accounts of minors and cer parties. All such disbursements will be made at such convenient times and disbursed only in accordance with the tain adults as specified. agreements (including any subsequently All interested persons are hereby given places as the Secretary or his authorized representive may designate. approved modifications thereof)- or acts the opportunity to submit in writing, of Congress. The funds of an adult views, data, £tnd arguments concerning § 104.4 Minors. Funds of a minor whom the Secretary or his authorized the proposed revisions, to the Commis may be disbursed in such amounts representative finds to be in need of as sioner of Indian Affairs, Department of deemed necessary in the best interests sistance in managing his affairs, even the Interior, Washington 25, D. C., of the minor for the minor’s support, though, such adult is not non compos within thirty days of the date of publi health, education, or welfare to parents, mentis or under other legal disability, cation of this notice in the F ederal legal guardians, fiduciaries, or to per may be disbursed to the adult, within R e g ister . sons having the control and custody of his best interest, under approved plans. R oger E r n s t , the minor under plans approved by the Such finding and the basis for such find Assistant Secretary of the Interior. Secretary or his authorized representa ing shall be recorded and filed with the Part 104, formerly numbered Part 221 tive^ or to the minor directly, upon such records of the account. conditions as the Secretary or his au and titled Indian Money Accounts, is Cross Reference: For rules governing the revised in its entirety to read as follows : thorized representative may prescribe. payment of judgments from individual In Sec. The Secretary or his authorized "repre dian money accounts, see § 11.26 of this 104.1 Definitions. sentative will require modification of an chapter. 104.2 Osage Agency. approved plan whenever deemed in the 104.3 Individual accounts. best interest of the minor. § 104.10 Funds of deceased Indians 104.4 Minors. other than the Five Civilized Tribes. 104.5 Adults under legal disability. § 104.5 Adults under legal disability. Funds of a deceased Indian other than 104.6 Voluntary deposits. The funds of an adult who is non compos those of the Five Civilized Tribes may 104.7 Payments by other Federal agencies. mentis or under other legal disability be disbursed (a) for the payment of ob 104.8 Purchase orders. may be disbursed for his benefit for such ligations previously authorized, includ 104.9 Restrictions. purposes deemed to be for his best inter ing authorized expenses of last illness; 104.10 Funds of deceased Indians other est and welfare, or the funds may be than the Five Civilized Tribes. (b) for authorized funeral expensesf (c) 104.11 Funds of deceased Indians of the disbursed to a legal guardian or curator for support of dependent members of Five Civilized Tribes. under such conditions as the Secretary the family of decedent in such amounts 104.12 Appeals. or his authorized. representative may deemed necessary to avoid hardship and prescribe. A u th o r ity: §§ 104.1 to 104.13 issued under consistent with the value of the estate and the interest of probable heirs,*/ (d) R. S. 161, 465, 5 U. S. C. 22, 25 U. S. C. 9. § 104.6. Voluntary deposits. As a gen for necessary expenses to conserve the Interpret or apply R. S. 441, as amended, 465; eral rule, voluntary deposits shall not be 5 U. S. C. 485, 25 U. S. C. 2. estate pending the completion of probate accepted. Indians who require banking proceedings; and (e) for probate fees § 104.1 Definitions, (a) “Individual service shall be encouraged to utilize Indian money accounts” are those ac commercial facilities. I f in any case it and claims allowed pursuant to Part 15 of this chapter. counts under the control of the Secre is determined that an exception to this tary of the Interior or his authorized prohibition should be made to avoid a § 104.11 Funds of deceased Indians representative belonging to individuals. substantial hardship, the facts in the of the Five Civilized Tribes. Funds of a Saturday, April 19, 1958 FEDERAL REGISTER 2611 deceased Indian of the Five Civilized which water can be delivered through DEPARTMENT OF AGRICULTURE Tribes may be disbursed to pay ad va the constructed works of the respective lorem and personal property taxes, Fed projects, the amounts designated for Comiqodity Stabilization Service eral and State estate and income taxes, each project, to be applied in the reim [ 7 CFR Parts 723f 725, 727 obligations approved by the Secretary bursement of such apportionments: 1 or his authorized representative prior to Per acre T obacco death of decedent, expenses of last sick Project and Agency ( per annum) NOTICE OF FORMULATION OF REGULATIONS ness and burial and claims found to be Duck Valley, Western Shoshone------$3. 40 RELATING TO MARKETING OF TOBACCO, just and reasonable which are not barred MisceUaneous Units, Navajo------/•— • COLLECTION OF MARKETING PENALTIES, by the statute of limitations, costs of Pyramid Lake Unit, Carson------5.15 determining heirs to restricted property San Xavier Unit, Sells______- 1.00 AND RECORDS AND REPORTS, 19 58 -59 MAR by the state courts, and claims allowed Tongue River Unit, Tongue River------J .25 KETING YEAR Warm Springs Unit, Warm Springs------2. 00 Notice is hereby given that pursuant pursuant to Part 16 of this chapter. Burns Indian Village, Warm Springs-'- 12. 65 to the authority contained in the appli § 104.12 Appeals. Appeal from an 2. A new center head and new cable provisions of the Agricultural Ad action taken by a Superintendent or §§ 221.160 to 221.163 are added to read as justment Act of 1938, as amended (7 other officer in charge of an Indian follows: U. S. C. 1301, 1311-1315, 1372-1375), the agency or reservation may be taken Agricultural Act of 1949 (63 Stat. 1051), SAN CARLOS INDIAN RESERVATION IRRIGATION within 30 days of notification of the ac and the Agricultural Act of 1956 (70 Stat. PROJECT, ARIZONA tion to the Area Director in charge of an 188), marketing quota regulations are area office of the Bureau of Indian A f § 221.160 Basic assessment. Pursu being prepared governing the issuance fairs. An appeal from an action of an ant to the Acts-of Congress approved of marketing cards for marketing and Area Director may be taken within 30 August 1, 1914, and March 7, 1928, 38 price support purposes, the identification days to the Commissioner of Indian Stat. 583; 45 Stat. 210; 25 U. S. C. of tobacco for purposes of marketing re Affairs. 385-387, the annual basic rate of assess strictions and price support, the collec [F. R. Doc. 58-2890; Piled, Apr. 18, 1958;' ment of operation and maintenance tion and refund of penalties, and the 8:48 a. m.} charges against the irrigable lands to records and reports incident thereto on which water can be delivered under the the marketing of cigar-binder (types 51 San Carlos Indian Reservation Irriga and 52) tobacco, cigar-filler and binder tion Project, Arizona, for the season of (types 42, 43, 44, 53, 54, and 55) tobacco, I 25 CFR Port 221 1 1959 and subsequent years until further burley tobacco, flue-cured tobacco, fire- notice is hereby fixed at $14.00 per acre cured '(type 21) tobacco, fire-cured O p e r a tio n and M a in t e n a n c e C harges for delivery of not to exceed four acre (types 22, 23, 24) tobacco, dark air-cured SAN CARLOS IND IAN RESERVATION IRRIGATION feet of water per acre annually. tobacco, Virginia sun-cured tobacco, and PROJECT, ARIZONA § 221.161 Excess water assessment. Maryland tobacco for the 1958-59 mar keting year. pril Additional water, if and when available, A 15,1958. It is contemplated that the regulations Notice is hereby given of intention to in excess of the basic allowances, may be delivered upon written request to the for the 1958-59 marketing year will be modify the regulations in Part 221 of the substantially the same as those issued Code of Federal Regulations, Title 25— Superintendent by the landowner Or lessee at the rate of $3.00 per acre foot, for the 1957-58 marketing year (22 F. R. Indians, relating to Miscellaneous Indian. 4634 cigar-binder and cigar-filler and or fraction thereof. * Irrigation Projects, and the San Carlos binder; 22 F. R. 4064, 6909, burley, flue- Indian Reservation. Irrigation Project, § 221.162 Payments. The''basic an cured, fire-cured, dark air-cured and Arizona, as set forth below. The pro nual water assessment rate fixed in Virginia sun-cured; 22 F. R. 7923, Mary posed modification would delete the San § 221.160 shall become due on March 1 land) except for changes set forth Carlos Indian Reservation Irrigation of each year and shall be payable on or herein. Project, Arizona, from § 221.105; estab before that date each year, and no water The changes being considered which lish a separate operation assessment shall be delivered prior to the payment are applicable to each of the regulations regulation for the San Carlos Indian of such charges except as provided in are as follows: Reservation Irrigation Project; and in § 221.163. 1. A provision would be included to crease the annual basic assessment rate § 221.163 Water delivery, (a) The provide that each marketing card issued from $0.50 per acre to $14.00 per acre for shall bear either the actual or facsimile the delivery of not to exceed four acre delivery of water shall be refused to all tracts of land for which the charges have signature of the State administrative of feet of water per acre annually. ficer for cards issued in State offices and Interested persons are hereby given not been paid except when the lands are in Indian ownership, not under lease to the county office manager for cards is opportunity to participate in the pro sued in county offices. posed revisions by submitting their views, non-Indians, and the Indian owners shall have made the necessary arrange 2. It is proposed that a new paragraph data or arguments in writing to the Area entitled “Erroneous Notice of Measured Director, Bureau of Indian Affairs, P. O. ments with the superintendent as here inafter provided. ' Acreage” would be included and would Box 7007, Phoenix, Arizona, within 30 read substantially as follows: days from the date of publication of this (b) In any instance where the super notice in the F ederal R e g ister . intendent is- convinced that an Indian Erroneous notice of measured acreage. landowner, whose land is not under lease If it is determined that with respect to R oger E r n st , to a non-Indian, is financially unable to tobacco, the farm is out of compliance Assistant Secretary of the Interior. pay his operation and maintenance for farm marketing quota purposes, the farm nevertheless shall be deemed in 1. Section 221.105 is amended to read charges from proceeds of labor per as follows: compliance for marketing quota pur- formed on the project works, or from the posés if the county committee, with the § 221.105 Charges. Pursuant to the proceeds of the crops being grown on the approval of the State administrative of acts of August 1,1914 and March 7,1928, land, or from any other source, the de ficer, determines from the facts and cir 38 Stat. 583, 45 Stat. 210; 25 Xh S. C. 385, livery of water may be continued if a cumstances that: (1) The lack of com 387, a part of the reimbursable cost of written certificate is issued by the super pliance was caused by reliance in good operating and maintaining tlie irrigation intendent stating that such Indian is not faith by the farm operator on an er Projects named in this section is appor financially able to pay such charges. In roneous notice of measured acreage; (2) tioned on a per-acre basis against the such cases the unpaid charges shall be neither the farm operator nor any pro irrigable lands of the respective projects ducer on the farm had actual knowledge for the calendar year 1957 and for each entered on the accounts and will stand as a first lien against the land until paid of the error in time to adjust the excess succeeding calendar year until further acreage prior to completion of marketing but without penalty for delinquency. order, in the amounts designated below of tobacco from the farm in accordance for each project, and there is assessed [F. R. Doc. 58-2891; Filed, Apr. 18, 1958; with applicable regulations; (3) the in against each acre of irrigahle land to 8:48 a. m.l correct notice was the result of an error No. 78-----5 2612 PROPOSED RULE MAKING made by the performance reporter or by 4. A provision would be included to quota flue-cured marketing card for use another employee of the county or State permit resale tobacco, which a dealer in identifying any other 1958 flue-cured office in reporting, computing, or record desires to have identified as acceptable tobacco. ing the allotment crop acreage for the variety and offers for sale through any Prior to the final adoption and issu farm; (4) neither the farm operator auction warehouse participating in the ance of such regulations, consideration nor any producer on the farm was in CCC price support program, to be iden will be given to any data, views, or rec any way responsible for the error; and tified as acceptable variety, if he certifies ommendations pertaining thereto which (5) the extent of the error in the erro-. on Form MQ-79-1, Dealer’s Certifica are submitted in writing to the Director, neous notice was such that the farm op tion-Resale Tobacco that (lT such to Tobacco Division, Commodity Stabiliza erator would not reasonably be expected bacco was acquired by him (a) directly tion Service, United States Department to question the acreage of which he was from the producer and was recorded on of Agriculture, Washington 25, D. C. All erroneously notified. a valid bill of nonwarehouse sale from submissions must be postmarked not (1) an MQ-76 Within Quota Marketing later than ten days from the date of 3. The paragraph “Successors in in filing of this notice with the Director, terest” will be amended to read as Card, or (ii) an MQ-77 Excess Market ing Card bearing the notation “Accept-- Division of the Federal Register in order follows : able Varieties”, or (b) through a regular to be considered. Successors in interest. Any person auction sale at a warehouse which was Issued at Washington, D. C., this 16th who succeeds in whole or in part to the participating in the CCC price support day of April 1958. share of a producer in the 1958 crop of program ¡and which identified such to tobacco from a farm except any dealer bacco by a “ certified” basket ticket; and [ s e a l ] W alter C. B erger, who has not succeeded to a producer’s (2) all resale tobacco in which he has any Administrator, share in such crop prior to the harvest interest was acquired in the manner Commodity Stabilization Service. thereof shall, to the extent of such suc specified in (1) (a) or (1) (b) above. [F. R. Doc. 58-2950; Piled, Apr. 18, 1958; cession, have the same rights as the In addition, any dealer who acquires 8:55 a. m.] producer to the use of the marketing card acceptable variety tobacco in a manner for the farm. which would make it ineligible for certi 4. Section 725.846 (a) would be fication on Form MQ-79-1, or, who has FEDERAL COMMUNICATIONS amended to read as follows: on hand both discount variety tobacco and acceptable variety tobacco and de COMMISSION (a) Separate display on warehouse sires to dispose of acceptable variety to I 47 CFR Part 3 ] floor. Any warehouseman upon whose bacco prior to disposing of the discount floor more than one kind of tobacco is Variety tobacco, may apply in writing to [Docket No. 6741; FCC 58-350] offered for sale at public auction shall the Director for a special authorization for each different kind of tobacco: to have the acceptable variety of tobacco C lear C h a n n e l B roadcasting i n t h e (1) Display it in separate areas on the certified when offered for auction sale. S tandard B roadcast B and floor with at least one vacant row be Sales of leaf account tobacco by an FURTHER NOTICE OF PROPOSED tween each such kind of tobacco. auction warehouse on its own warehouse RULE MAKING (2) Identify each basket by a dis- floor will not be required to be certified tinguishably different basket ticket on Form MQ-79-1. If any dealer fails Introduction. 1. The essential ques clearly showing the kind of tobacco.- to timely file Form MQ-79, Dealer’s Rec tion before us in this proceeding is (3) Make and keep records that will ord, or if there is substantial indication whether and in what manner it may be insure a separate accounting and report that a dealer has executed a false cer desirable to amend the rules governing ing of each of such kinds of tobacco sold tification on Form MQ-79-1, the Di the use of the standard broadcast fre at auction over the warehouse floor. rector may notify such dealer and all quencies designated as “clear channels” . auction warehouses participating in the 2. In its Order of February 20, 1945, 5. Since the regulations otherwise ade by which this proceeding was initiated, CCC price support program that certifi quately implement the express statutory the Commission noted that “ there are authority for reduction of allotments for cations by such dealer on Form MQ- 79-1 shall not be accepted for the pur still large areas of the continental United failure to report disposition of tobacco, States which have no radio service dur the provision relating to reduction of pose of identifying tobacco offered for auction sale by such dealer as being of ing the day and no primary radio service allotments because of failure of farmers at night’-’. Referring to numerous ap acceptable variety until further notice. to execute bills of nonwarehouse sale plications for the assignment of addi would be eliminated. 5. The provision for flue-cured to bacco which would allow the operator or tional radio stations to the clear channel The changes being considered which frequencies, and to requests for the au are applicable to Part 725 are as follows: any other producer on the farm to de clare his intentions as to disposition of thorization of higher power on these 1. A'provision would be made that in frequencies, the Commission designated excess tobacco or to have a remeasure any case where a farm operator has been ment made would be changed to allow eleven issues for hearing, with the an notified that discount variety tobacco has nounced object of determining what, if as much as 10 days but not less than 5 been determined to be growing on his days, as determined and published in any, changes should be made in existing farm and he or any other producer on clear channel allocations. the F ederal R egister by the Agricultural the farm is dissatisfied with such de Stabilization and Conservation State 3. It was stated that it would be de termination, a request may be filed at the Committee for each State in which flue- sirable to make these determinations county office for a review examination of prior to the forthcoming renegotiation cured tobacco is grown. the tobacco within 5 days from the date 6. The provision which now requires of the North American Regional Broad of mailing of such notice. casting Agreement of 1941. That Agree dealers of flue-cured tobacco to forward 2. A provision would be included to reports on MQ-79—Tobacco, Dealer’s ment, due to expire March 29, 1946, set out the conditions under which the provide that if for any farm there is Record, to the ASQ State office not later signatory Governments in North Amer carryover flue-cured tobacco available for than the end of the week following the ica agreed to restrict their respective use marketing, the marketing card issued for calendar week in which tobacco is pur such farm and kind of tobacco shall show of the standard broadcast frequencies, chased-or resold yrould be changed to in the interest of minimizing interference whether such tobacco is of discount provide that reports shall be made not variety. later than the end of the week in which among the broadcast services of the sev eral countries. Effective improvement 3. A provision would be included to tobacco is purchased or resold. provide that in any case where a farm of the domestic service in this country operator is issued an excess flue-cured 7. In the case of flue-cured tobacco, if would have to be achieved in the light tof an operator has one or more farms on marketing card and the tobacco is of dis limitations agreed to internationally, count variety, such marketing card and which discount variety tobacco was pro both with respect to use of the frequen each memorandum of sale (both pur duced, all such discount variety tobacco cies in question by the United States and chaser’s copy and county office copy) would be required to be marketed, satis by stations in other countries. therein shall be stamped or marked factorily disposed of, or accounted for 4. It was not possible, however, to con “Discount Variety” . prior to the issuance of a regular within clude this proceeding prior to the renego- Saturday, April 19, 1958 FEDERAL REGISTER 2613 tiation of the NARBjAAgreement. The total daily hours of listening per family, field strength to render a usable service. record of this proceeding did, however, and in the incidence of the peak radio It follows that the maximum area cov provide useful guidance to representa listening hours. Progressively larger erage is obtainable by a single station tives of the United States Government proportions of radio broadcast revenues or a restricted number of high power in the negotiation of the revised NARBA have been drawn from regional and local stations on a given channel. Conversely, which was signed in 1950. A separate advertisers than formerly, when national the assignment of large numbers of local Agreement between the United States advertisers furnished the major portion outlets on any channel can be achieved of America and the United Mexican of such revenues. Spot advertising has at the cost of restricting the co-channel States was signed in January, 1957. risen markedly while sponsorship of na station coverage to the small interfer While neither the latter Agreement nor tional network programs has correspond ence-free service area resulting from the revised NARBA have yet been ratified ingly declined. mutual skywave interference. Thus, on by the United States Government, and 8. The same period has also witnessed any given channel, allocation techniques have not yet formally entered into effect, the definitive establishment of the FM designed for the maximum implementa they furnish the basis on which the radio service. Moreover, during the tion of Objective (a) derogate from the signatory North American Governments thirteen years which have elapsed since achievement of Objective (c) and vice in practice allocate the domestic use of this proceeding began, the total number versa. There are similar conflicts a f the clear channel and other standard of standard broadcast stations increased fecting the maximum implementation of broadcast frequencies. from 900 to 3,300. Large numbers of Objective (b). 5. Parties to this proceeding have, in smaller communities, formerly depend 13. Owing to marked differences in the a voluminous and complex record, advo ent on radio stations located in other, daytime and nighttime propagation of cated numerous, diverse approaches to more or less distant cities, now have radio signals in the standard broadcast the basic problem of achieving more effi local outlets. band these conflicts are much more evi cient use of the clear channels and of im 9. In these circumstances, although dent during the nighttime hours than proving the deficiencies in the radio the Commission desires to resolve the during the daytime. Skywave propaga service available to the public on those issues of this proceeding with the least tion, effective chiefly during the hours channels. The eleven issues originally possible delay, we have concluded that between sunset and sunrise (although designated for hearing in this proceed it would be inappropriate, and incon present to a lesser degree during a pre ing, while specific in some respects, were sistent with sound and fair procedure, sunset build-up and a post sunrise pe collectively so broad as to permit the par to attempt to arrive at final conclusions riod of waning intensity), transmits sig ties to advocate any mode of revising Solely on the basis of the out-dated rec nals much farther than the steadier, clear channel allocations ranging all the ord before us. but shorter-range groundwave signals way from exclusive nighttime use of se 10. At the same time, it would cause which are present both day and night. lected clear channels by a single station needless additional delay merely to re The field intensity of skywave signals operating at powers increased very sub open the record on the same broad issues is, however, subject to wide fluctuations, stantially higher than the present as were originally designated. The up from minute to minute, hour to hour, maximum of 50 kw, to the reclassification dating and supplementing of some of night to' night, season to season, and of selected clear channels as^local chan the data contained in exhibits originally even year to year (depending on the nels*’ on which it would be possible to introduced into this record will be use phase of the sunspot cycle). Thus, sky- assign over a hundred and fifty stations ful. We think it desirable, however, in wave, or secondary service, is defined in operating at maximum powers of 250 providing an opportunity for this to be terms of statistical norms or percent watts. Between these extremes a wide done, to indicate those areas in which ages of the time during which the field variety of proposals were'admissible and we believe it would be useful to concen intensity achieves specified levels. Half were submitted, trate attention at this stage of the pro the land areas of the United States lie 6. The record reflects two basically ceeding, in the interests of as sound beyond the range of interference-free divergent views concerning the measures and expeditious resolution of the prob groundwave signals and are, accordingly best calculated to improve the efficient lem as is possible. We do so-herein. dependent on this skywave or second use of the clear channel frequencies. The basic allocations problem. 11. ary standard broadcast service. Some parties urge that the chief goal Pursuant to long-standing domestic . 14. As in the case of groundwave sig should be to improve the capacity of th,e radio allocations rules and international nals, but to a markedly greater degree, major clear channel stations (particu agreements for the North American Re the interference potential of skywave larly the Class I-A stations) to provide gion, all United States standard broad signals extends very much farther than a satisfactory signal to wide areas, and cast stations are assigned to the one the range of serviceable signals. It fol that this should be achieved by permit hundred and seven 10-kc channels des lows that the protection of secondary ting those stations substantially in ignated for this purpose in the fre service areas at night requires mudh creased power and by limiting (and, quency range 535-1605 kcs. Over three more stringent limitations on the assign during the nighttime hours, excluding) thousand standard broadcast stations ment of co-channel stations than does co-channel stations. Other parties con are currently operating on these one the daytime protection of groundwave tend that the most desirable objective hundred and seven channels and their service. / would be to increase the numbers of number constantly increases as new as 15. The impossibility of simultaneously unlimited time stations on the clear signments are approved. implementing all three of the above channels and to reduce the degree of 12. The rules governing the assignstated allocation objectives on any in protection now afforded to the clear ment of standard broadcast stations to dividual channel led to the classification channel stations throughout wide serv specific frequencies seek to achieve, as of individual channels into separate ice areas. fully as possible, all three of the basic groups, with different rules for the as 7. Since the record of this proceeding objectives of: signment of stations, depending upon the was closed, numerous changes have oc (a) Providing some service of satis purpose for which each class of channel curred in the radio broadcasting indus- factory signal strength to all areas in was established. The three basic classi try. It was during the intervening-period the country; fications are clear channels, which are that television acquired importance as a (b) Providing as many program the subject of this proceeding; regional hew, separate nationwide broadcast serv choices to as many listeners as possible, channels, on which stations are assigned ice. The advent of television has had a and under conditions permitting service to Marked impact on radio broadcasting. (c) Providing service of local origin large metropolitan areas and immedi The nature, source, scheduling and to as many communities as possible. ately adjacent areas; and local channels methods of financing-of radio programs for the assignment of the maximum pos have undergone appreciable change. The effective implementation of these sible number of stations serving as local There has been a discemable shift in three objectives involves, however, ines outlets for numerous smaller communi the degree of reliance, by both stations capable conflict). This conflict arises ties. and audiences, on nationwide radio net from the fact that standard broadcast 16. Skywave or secondary service free work programs. Radio listening habits signals extend far beyond the range from objectionable interference is pro have altered substantially, both in the within which the signal has sufficient vided only by Class I stations assigned 2614 PROPOSED RULE MAKING to the clear channels; and this service (5) Whether the present geographical posed on the daytime, (i. e., pre-sunset is made possible only by rigid restrictions distribution of clear channel stations and post-sunrise) sky wave radiations on the number of stations which may be and the areas they serve represent an toward Class I-A and I-B clear channel assigned to the clear channels at night, optimum distribution of radio service on stations. At the same time the Commis and by limitations on the radiations of whether the fair, efficient, and equitable sion announced that it would, pending the secondary stations assigned to those distribution of radio service among the a decision in that proceeding, withhold channels. Twenty-four of the clear several states and communities specified action on all applications proposing new channels are reserved for the exclusive in Section 307 (b) of the Communica or increased daytime-only facilities in use at night of a single Class I-A station. tions Act requires a geographical redis the United States clear channels-. On most of the remaining 23 clear chan tribution at this time. 27. On January 19, 20, and 21, 1948, nels more than one (but, in practice, (6) Whether it is economically feas oral argument was held on the then con generally not more than two) Class I-B ible to relocate clear channel stations so solidated clear channel and daytime sky- dominant stations are assigned under as to serve those areas which do not wave proceedings.1 conditions requiring mutual protection presently receive service. 28. In December, 1950, the freeze on through the use of directional antennas. (7) What new rules or regulations, if the processing of specified types of ap 17. The assignment of secondary or ahy, should be promulgated to govern plications for Class II facilities on the Class II stations is permitted on all the the power or hours of operation of Class U. S. clear channels was revised and codi clear channels, but unlimited time Class I I stations operating on clear channels. fied as a footnote to § 1.371 of the I I stations are at present assignable only (8) What changes the Commission rules. As further revised (in August and on clear channels , occupied by Class I-B should order with respect to geographi October, 1953, and April, 1956) the cur stations. cal location, frequency, authorized rent policy on deferral of action on ap 18. The existing restrictions on the power or hours of operation of any plications for new and increased Class II assignment and mode of operation of presently licensed clear channel station. facilities on the clear channels is found Class II stations were established with a (9) Whether and to what extent the in § 1.351 of the present rules. In view to insuring the capacity of the clear clear channel stations render a program general, it covers applications for new channel stations to render the wide-area service particularly suited to the needs daytime or limited time assignments on service for which they were created, and of listeners in rural areas. the clear channel frequencies and appli on which more than half of the land (10) The extent to which the service cations proposing unlimited time Class II area of the United States is dependent, areas of clear channel stations overlap assignments which would operate differ since it lies beyond the range of the and the extent to which this involves a ently during the daytime and nighttime groundwave or primary service provided duplication of program service. hours on the clear channel frequencies. by any of the existing stations. (11) What recommendation, if any, the Recent pleadings. 29. On November 19. One of the principal purposes of Commission should make to the Con 16,1956, the Clear Channel Broadcasting this proceeding is to determine the Con gress for the enactment of additional Service filed a petition to reopen the ditions under which the assignment and legislation on the matters covered by this record in the Clear Channel proceeding operating conditions of both Class I and Order. (Docket No. 6741), to consolidate it with Class II clear channel stations can pro 22. In March and April, 1945, four the daytime skywave proceeding (Docket vide the most efficient use of the clear Government-Industry, Committees were No. 8333) and to afford opportunity for channels. The essential conflict in the established to: the submission of additional evidence, proposals for revision of the present 1. Determine what constitutes a satis bringing certain exhibits up to date, rules lies between increasing the ca factory signal. either in the form of written comments pacity of the Class I stations to render 2. Determine what constitutes objec or through further evidentiary hearings. the wide-area service and increasing the tionable interference. In a response to the foregoing CCBS number of stations permitted on the 3. Determine the distances over which petition, the Daytime Broadcasters’ As clear channels. signals of various field intensities are sociation on December 20, 1956, re 20. Both objectives have merit. But transmitted. quested dismissal of the clear channel owing to the unalterable facts of radio 4. Coordinate the conduct of listener proceeding, removal of the freeze on the transmission in the standard broadcast surveys. clear channels and institution of rule band, the fullest implementation of 23. Evidentiary hearings were con making on the Association’s earlier peti either can be achieved only at the cost ducted during 40 days between January tion, as amended and revised on Decem of derogating from the other. Our diffi 14,1946, and October 31^ 1947. ber 8, 1955, requesting that daytime sta cult task is to find the balance best 24. On February 5, 1946, the Commis tions be authorized to operate from 5 calculated to serve the public interest. sion announced the adoption of the a. m. or sunrise, whichever is earlier, to Chronology of this proceeding. 21. By policy of dismissing applications for sta 7 p. m. or sunset, whichever is later. Order dated February 20, 1945 the Com tion assignments or modifications of sta DBA requested that, in the alternative, mission designated for hearing the tion assignments which were not per if the Commission should grant the following eleven issues: missible under the existing rules in that CCBS petition to reopen the clear-chan- (1) What recommendation concern they either sought additional unlimited nel record, the freeze on new assignments ing the matters covered by this order the time assignments on channels reserved tô the clear channels in any event be Commission should make to the Depart for the exclusive night use of a single lifted and rule making be initiated on ment of State for changes in provisions Class I-A station, or sought authoriza its proposal for extended hours of opera of the North American Regional Broad? tion to transmit in excess of the estab tion of daytime stations. In a reply to casting Agreement. lished 50-kw power limtiation. the foregoing DBA pleading, which was (2) Whether the number of clear 25. In June, 1946, the Commission an filed December 27, 1956, CCBS opposed DBA’s requests. On December 28, 1956, channels should be increased or de nounced the adoption of a policy limit Albuquerque Broadcasting Co., the li creased and what frequencies in the ing the processing of applications for Class I I stations on channels occupied censee of Station KOB, filed a petition standard broadcast band shall be desig requesting that irrespective of whether nated as I-A channels and as I-B by Class I-A stations to daytime stations located within 750 miles of the dominant the Commission decided to grant or deny channels. Class I-A station. This was intended to the CCBS petition of November 16, 1956, (3) What minimum power and what avoid new assignments ,in areas suffi to reopen the record in the Clear Chan maximum power should be required or ciently removed from the existing Class nel proceeding, the Commission in any authorized for operation on clear chan I-A station that it would be possible to case, on the basis of the Clear Channel nels. assign new unlimited-time stations in record, select and designate a channel (4) Whether and to what extent the such areas, in the event it were decided for a permanent assignment for KOB. authorization of power for clear channel subsequently to do so. 30. In its Notice of Proposed Rule stations in excess of 50,000 watts would 26. In May, 1947, the Commission in Making adopted September 17, 1957, in unfavorably affect the economic ability itiated a separate proceeding (Docket No. 1 Docket 8333 had been consolidated with of other stations to operate in the public 8333) to determine whether and the ex Docket 6741 in December, 1947. The two interest. tent to which limitations should be im proceedings were again severed in 1953. Saturday, April 19, 1958 FEDERAL REGISTER 2G15 Docket No. 12274, the Commission ment-Industry Committees, and were the nighttime white areas only to a minor granted the foregoing request of DBA used in preparing numerous exhibits extent. that rule making be instituted on the depicting the extent of available ground- 39. Neither new daytime stations, nor proposal that daytime broadcast stations wave and skywave services. These new unlimited time stations whose pri be authorized longer hours of operation. standards take into account several fac mary service areas were already receiv In the same document DBA’s requests for tors, such as atmospheric noise, which ing groundwave service from other sta dismissal of the instant clear channel are not reflected in the rules under which tions, have reduced the nighttime white proceeding and immediate removal of the field intensities of a station’s signals areas. On the other hand, stations the freeze on the processing of specified are calculated for purposes of making newly assigned to communities pre types of applications for Class n assign station assignments. The. refinements viously lacking groundwave service have ments on clear channel frequencies was embodied in Types A, B, and,C ground- reduced white areas to the extent of denied. The reasons for those actions wave service and in Types D, E, and F their primary coverage. Generally, are set out at length in the above refer • skywave service provide useful bases for hcrtvever, their coverage is restricted by enced Notice of Proposed Rule Making assessing the extent of the improvements several factors such as the use of low and need not be repeated here. The possible under various proposed clear power, assignment to a high frequency, above cited petitions of CCBS and Albu channel reallocations. It must be borne interference, or combinations of the querque Broadcasting Co. are dealt with in mind, however, that the calculation of foregoing. Since the population den hereinafter. station coverage and of the numbers of sity within the primary service areas of The record. 31. The entire record of services available depends on the choice the foregoing new stations is typically the Clear Channel proceeding includes of a standard for measuring service and greater than in the remaining white over 6,000 pages of testimony, oven 400 thai radio service can be calculated only- areas beyond their range, it appears exhibits ranging from one to several in terms of statistical norms and proba probable that in the interim there has hundred pages in length, numerous writ bilities. This is especially true of sky- been a proportionately greater reduction ten briefs, and over 500 pages of oral wave service which is subject to wide, in white area population, than in the argument. irregular fluctuations. No single method numbers of square miles of white area. 32. The witnesses include, in addition of calculating service can convey ah the According to one estimate the present to the members of the PCC engineering facts. The more stringent the standard, white area population has been reduced staff who testified and placed “exhibits in the smaller the indicated coverage of from about 24 million to about 20 mil the record: representatives of the radio individual stations and the fewer the lion. The geographical extent of the networks, the Clear Channel Broadcast indicated number of services in any par white areas appears, however, to remain ing Service, representing the independ ticular area. Conversely, depictions of close to half the land area of the United ent (i. e., non-network owned) Class I service by a lower standard will show States— approximately what it was when stations, a number of other standard wider station coverage and more services the record of this proceeding was com broadcast stations, the Regional Broad in given areas. piled. casters Committee, and numbers of edu 36. Maps depicting available services Available skywave service in white cational associations, educational insti based on the refined standards intro areas. 40. Exhibits showing the num tutions, and farm organizations. duced in this record, especially in terms bers of available skywave service vary 33. Because this Notice does not em of the middle grade of groundwave serv substantially, depending upon whether body finals decisions, but rather is in ice (Type B) and the middle grade of they are based on the methods and stand tended to afford interested parties an skywave service (Type E ), have provided ards for engineering calculations set out opportunity to submit up-to-date data useful showings of existing services. For in the present rules, or whether the basis and comments in support of or in oppo reasons discussed later these showings is taken to be Type D, E, or F—the three sition to the reallocation plan set out remain essentially valid today. grades of the skywave service defined in herein below, little useful purpose would Tentative conclusions. 37. We have Exhibit 109. It is well known that even be served at this stage by an exhaustive, already referred, in the introductory in areas where there is no skywave serv detailed discussion of the old record. paragraphs of this Notice, to the inade ice of a given standard, skywave service Some of it, owing to the elapse of ten quacies of the present record as a basis will be present by another standard. years and the substantial changes in the for supporting final conclusions, largely The inherent variability of skywave interim, has little present value.. In this because of major changes which have oc service is such, moreover, that during category are the ten-year old listener curred in radio broadcasting since the some periods skywave service in areas surveys conducted under Government record was closed 10 years ago. We also in which the maps indicate lack it, is and private auspices, and the out-of- pointed out, however, that our effort to superior to what is available in parts of date information on network program conclude this proceeding at the earliest the areas which the maps indicate are availabilities in various areas. Interim possible date will be facilitated if note is provided with an acceptable standard changes ih radio listening habits and taken, at this stage, of the tentative con of skywave service. In fact, there is no network affiliations, and the diminishing clusions indicated by the present-record^ part of the United States which is tqtally' differences between network and locally and if the parties will direct their further devoid of one or more skywave services. originated radio programming have comments primarily to, those areas of The point we make here is that no meth stripped those portions of the record of action which appear to offer the best od of depicting service can convey the their usefulness. prospects for practicable improvement of full facts, and that we must be mindful 34. On the other hand the new engi the service rendered to the public on of the fact that a determination of the neering standards (introduced in Exhibit clear channel frequencies. In deter extent of available service depends on 109) for calculating the incidence of mining which kinds of clear channel re the standards and criteria used in defin groundwave and skywave services of six allocations could be pursued most ing service. different grades, (Types A through F ), fruitfully at this stage, it is appropriate Improvement of service in white areas. remain as they were originally,, the most to note such tentative conclusions as 41. For the reasons briefly discussed in comprehensive and realistic tools yet de may be drawn from the present record, paragraph 39, there appear to be severe vised for evaluation of standard broad taking into account generally known limits on the possibilities for reducing cast service. Additionally, we know facts concerning subsequent changes in white areas by creating new groundwave from supplementary information that the radio broadcasting industry. coverage from new or expanded standard the maps depicting the numbers of such White areas., 38. This term refers to broadcast stations and it follows that services available in various parts of the areas without. groundwave, or primary improvement of service throughout most country are still representative of over service. When the present record was of the existing white areas must be pro all conditions and need only some up compiled, an aggregate of about half of vided, if at all, by new or improved sky- dating to reflect the additional, chiefly the land area of continental United wave service. small, groundwaVe service areas added States, with a population of about 24 42. It is clear, moreover, > that im in the interim by newly assigned stations. million people, had no nighttime primary provements in standard broadcast serv 35. The standards referred to in the service. The increment, meanwhile, o f , ice to white areas must be sought from Preceding paragraph were formulated nearly 2,000 additional standard broad existing or newly assigned stations early in the proceeding by three Govern cast stations, appears to have reduced within the present standard broadcast 2616 PROPOSED RULE MAKING band. To the extent that improvement and at 750 kw, about 205 miles from the ditional co-channel, unlimited time sta must come from additional or aug transmitter. tions to provide needed service at distant mented skywave signals, it must be pro 46. AtTnight, owing to the fact that locations, while preserving the capacity vided by stations assigned to the present the field intensity of both the skywave of the present station to provide a usable clear channels. For reasons which have and gr.oundwave signals would be in signal over wide primary aiid secondary already been discussed, there is no pos creased by the same factor, there would service areas. In these circumstances sibility for obtaining skywave service be no change in the location of the there is serious question whether the from stations assigned to regional fading zone where the station’s skywave most efficient use of the Class I-A clear and local channels. Nor is there any and groundwave approach equivalent channels can be achieved under the long realistic prospect for increasing the field intensity, with resultant interfer standing rules which, on the one hand, number of clear channels by utilizing ence which limits the range of inter preclude power above 50 kw, and on the frequencies outside the existing standard ference-free groundwave service. As a other hand bar co-channel unlimited broadcast band. This is precluded by result the range of usable groundwave time assignments in distant areas the both domestic and international use of service would not be increased at night present station cannot effectively serve, other frequencies which might be tech beyond the present range at 50kw unless and where a new station could be oper nically suitable for this purpose. changes in antenna characteristics are ated so as to afford reasonable protection The impracticability of “ relocation” also made. The field intensity of the to the areas the present station can ef of clear channel stations on a significant groundwave signals would, however, be fectively serve at 50 kw. scale. 43. By “relocation” is meant the increased three or four times, as the case Additional unlimited time assignments elimination of the present assignment of may be, within the established primary on the present Class I-A clear channels. the clear channel station-and the shift service area. Moreover, the field inten 5Q. On this record three modes of adding ing of its location to some other city. sity of skywave signals would similarly unlimited time assignments on Class I-A “ Relocation” should not be confused be increased within the present skywave channels were discussed: with “ duplication” which is used here service areas, in addition to the extended (a) Retention of the present Class I-A inafter to describe the authorization of range of those skywave service areas. station assignment and the co-channel additional station assignments on a clear Duplication of unlimited time assign assignment, elsewhere, of an additional ■channel. Some parties have urged that ments on the clear channels. 47. On Class I station, each directionalized to Class I-A clear channel stations assigned the clear channels occupied by Class I-B protect the other. to places like New York and Chicago, stations the duplication of unlimited (b) The assignment of a single Class I Where there is â relative abundance of time assignments is already possible station in a new city, and reduction of primary service, be relocated in smaller under the presfent rules. Typically, two the present station to Class I I status, cities situated nearer to the white areas. Class I-B co-channel stations are as thereby substantially eliminating its These proposals do not, however, take signed to individual Class I-B channels. skywave service and obliging it to protect adequate account of thé need for high These stations are required to direction- the new Class I station. powered stations in the larger metropol alize their operation in such fashion as (c) Preservation of the present station itan areas with their relatively high to protect the groundwave and skywave as a Class I assignment^ and the co man-made noise levels; and in general, service rendered by the other co-channel channel assignment of unlimited time the record fails to provide persuasive evi I-B station. In addition, unlimited time Class n stations required to protect the dence that the service gains obtainable Class n stations are assignable to Class present station. by relocating the present Class I-A sta I-B channels subject to established rules For reasons similar to those discussed in tion assignments could justify the dislo for mutual protection and for protection Paragraph 43 we have concluded that cations and losses of service provided by of the dominant Class I-B stations on the it would be undesirable and impracti Class I-A stations. channel. It appears, accordingly, that cal to implement Alternative (b) above. Higher power. 44. An increase of the Status quo should be maintained in Alternatives (a) and (c) would permit power from 50 kw to 750 kw would have the rules governing the assignment of continued skywave service by existing the effect of nearly quadrupling the field unlimited time stations to Class I-B Class I-A stations, while opening up op intensity of the transmitted signal at channels. portunities for additional unlimited time any reception point. An increase to 500 48. As already discussed, Class I-A co-channel assignments. Therefore, Al kw would slightly more than triple the clear channel stations are currently ternatives (a) and (b ), in our opinion, field intensity of the transmitted signals. given the exclusive use of their channels merit consideration for at least some The range of usable skywave signals during the nighttime hours. It is there of Idle Class I-A channels, on the basis would be considerably increased. Such fore on the Class I-A channels that the described hereinafter. increases are subject to considerable maximum opportunities are available for The higher power versus duplication variation depending on the frequency the assignment of new, co-channel un conflict. 51. Some of the parties treated employed, latitude and other factors; limited time stations, depending on a the techniques of higher power and of but the basic/order of increase is indi judgment as to the extent to which such duplication of unlimited time assign cated by the fact that at 500 kw the 0.5 action would be desirable in the light of ments on the Class I-A channels as ap mv/m 50 percent skywave contour would the service gains and service losses in proaches which were so contradictory in many cases be located over 1,000 miles volved. that they are mutually exclusive. We from the transmitter instead of about Inefficiency of present allocations rules are unahle to reach such a conclusion. 700 miles, as in the case of a 50 kw trans for Class I-A channels. 49. There is First, there is little reason why the im mitter. At 750 kw the 0.5 mv/m sky- substantial support, in any event, for a plementation of one of these techniques wave contour would in many cases be conclusion that the exclusive nighttime on selected Class I-A clear channels located over 1,100 miles from the trans use of a channel by a single station lim should necessarily exclude implementa mitter. ited to 50 kw is less justifiable now than tion of the other technique on other 45. The improvement in groundwave formerly, when clear channels were first Class I-A channels. There is, more or primary service is more variable, de allocated in this way. Since that time over, no inherent reason why, if the cir pending on the frequency employed, soil techniques have been established and cumstances were found to be appropriate, conductivity, and other factors. The highly developed for directional trans higher power could not be permitted to essential range of improvement is indi mission of signals, with a high degree of more than one Class I station on a given cated by the fact that, while at 50 kw, a suppression now possible to protect the channel, provided the transmitters were station operating on a middling fre service areas of co-channel stations. In suitably directionalized to protect each addition, heterodyne interference, re quency in an area of middling ground other’s service area. conductivity will place a 0.5 mv/m sulting from uncontrolled deviations 52. A study of the circumstances of groundwave signal about 130 miles from from the assigned frequency, has been each of the individual Class I-A chan the transmitter during most of the day substantially eliminated. Thus it is now nels discloses, moreover, that in some time hours, the same station at 500 kw possible, particularly in the case of Class cases, maximum net gains could be would place a signal of the same field I-A stations located in ornear the north achieved through duplication, while in intensity 190/miles from the transmitter; east portion of the country, to assign ad other cases, the m axim um net service Saturday, April 19, 1958 FEDERAL REGISTER 2617 gains could be achieved through the use ing calculations of deficiencies of the usefully be authorized, the question re of higher power. present clear channel service and of the mains whether the new stations should 53. Thus, on a purely engineering service- gains which might be achieved, be assigned as Class I or Class II stations. basis, the optimum improvement of serv we think the present record would sup New skywave services on these channels ice is achievable by a judicious combina port the authorization of higher power could be obtained only by assigning new tion of higher power and duplication of for half of the 24 Class I-A stations and Class I co-channel stations protected by the Class I-A clear channels. Higher duplication of unlimited 'itime assign directionalizing the present Class I sta power is best suited' for use on channels ments on the remaining 12 Class I-A tion. New co-channel Class I I stations where it would produce the maximum channels. Higher power, so employed, required to protect the present Class I gains in ground^ave and skywave service would make it possible to provide a mini station could provide a new primary or in areas where these services are now mum of four Type E skywave services groundwave service, but no skywave serv most deficient,' and where the use of throughout the United States (except ice. While this argues for new Class I higher power would not cause excessive small areas in northwest Washington assignments on as many as possible of interference to other U. S. o r foreign and southeast Florida, which have the twelve channels listed in paragraph stations. On the other hand, the use of groundwave service). This would sub 55, certain offsetting considerations must higher power by certain other clear stantially improve present skywave serv be. taken into account, such as resultant channel stations would constitute waste ices throughout most of the present losses of service which would be caused ful use of limited spectrum space in that white areas, extend daytime primary by directionalizing the existing Class I the service gains would be achieyed services into some areas now lacking it, station. principally in areas which are already and generally improve the signal-to-in- 58) In formulating the proposals out well served, at the cost of reducing the terference ratio throughout the present lined for the twelve channels covered in numbers of additional services which primary and secondary service areas of paragraph 55, urider which five of the might otherwise be established on the the 12 stations operating at 750 kw. The existing Class I-A stations would be re channel. channels and modes of directional opera quired to directionalize, while seven 54. If allocations questions could be tion most suitable to higher power ap would continue to operate as at present, decided solely on the basis of engineer pear to be the following: we have taken into account the following factors: (a) Possible gains in skywave and pri Frequency Directional operation , Location (kc) mary service in needful areas in the west. (b) Resultant losses of service caused 640 Los Angeles, Calif. by directionalizing existing Class I-A sta 650 Nashville, Tenn. tions. 700 Cincinnati, Ohio. 750 Atlanta Ga. (c) The extent of other services avail 760 Detroit, Mich. able in areas lost to existing stations 820 Dallas/Ft. Worth, Tex. through directionalization. 830 Minneapolis, Minn. 840 Louisville, Ky. (d) Service gains obtainable through 870 New Orleans, La. directionalization of the existing sta 1,040 Des Moines, Iowa.' 1160 Salt Lake City, Utah. tions. 1200 San Antonio, Tex. (e) Resultant interferences to existing U. S. co-channel and adjacent channel 55. An analysis of the circumstances 56. A number of basic factors deter stations. affecting the remaining 12 Class I-A mined the selection of the 12 channels (f) Requisite protection to foreign clear channel stations indicates that, on designated above for duplicated unlim stations. balance, it would be preferable to main ited time co-channel assignments. The The varying circumstances of each of the tain the present 50 kw maximum power Class I-A stations concerned are located twelve channels listed in paragraph 55 and to assign additional unlimited time chiefly at or close to the northern and are such that in no case do all of the stations on the lines of the following eastern boundaries of the country. This individual factors set out above point plan: circumstance affords the maximum op conclusively to Class I or Class I I status (a) On the following five frequencies, portunities for the assignment of addi for the new co-channel stations. Pro assign a new Class I station in the desig tional unlimited time co-channel stations longed study of all these channels has, nated state, and require both the new in the western part of the country where however, led us to the conclusion that, and existing Class I station to direction- deficiencies in present service and the on balance, the reallocations outlined in alize their operations so as to afford each corresponding need for improvement are paragraph 55 and discussed in more other mutual protection: the greatest. In the areas where direc- detail hereinbelow, represent optimum tionalization would eliminate primary or improvement obtainable through the as Classi— skywave service now rendered by the signment of additional co-channel and Frequency Class I-A station, there are generally adjacent channel unlimited time stations (kc) Present assignment New assignment abundant services of good quality from on the twelve channels selected for du numerous other stations. Thus, the plication lit this stage. Parties to this service gains to the needful areas of the 660 New Y o r k . ... .___ Montana. proceeding will have the opportunity to 770 New York______(Undetermined.)* West would not be achieved at the cost comment in support of or in opposition 880 New York. . ______Wyoming. of destroying badly needed services in 1100 Cleveland______Arizona. to the specific reallocations proposed, 1180 Rochester..’______Idaho. the areas the present stations would and to suggest such revisions as may cease to serve owing to directionalization. appear desirable. *See paragraphs 71 to73. In those cases where directionalization 59. In the case of the seven channels of the present Class I-A station would be listed in paragraph 55 (b ), the balance (b) On the following seven frequen required, it would improve service in the of all the relevant considerations points, cies, retain the present maximum 50 kw direction of the major lobes of the dir- in our opinion, to retention of the present power and assign unlimited time Class rectional patterns. Higher power on the mode of operation of the existing Class II stations in the underserved areas: twelve channels listed above would gen I-A stations. They would receive pro Class — erally produce appreciably less service tection by newly assigned co-channel Present gains in needful areas, and would create Class I I unlimited time stations equiv frequency (k c ): assignment more severe problems of interference to alent to what is now afforded Class I-B 670______Chicago, 111. both domestic and foreign stations than clear channel stations. ’ This would in 720______Chicago, 111. would higher power on the twelve chan- sure continued service throughout the 780______Chicago, 111. __ 890______Chicago, 111. —nels listed in paragraph 54. wide areas where these stations render 1020______I" Pittsburgh, P&. • 57. Having thus selected twelve chan a usable signal. Such service as these 1120.'__ _ St. Louis, Mo. nels, listed in paragraph 55, on which stations may now render in areas beyond 1210______Philadelphia, Pa. additional unlimited time stations could 'the contours which would be protecjbed 2613 PROPOSED RULE MAKING under this plan is generally not of good effected through the use of higher power. ment of State for changes in provisions quality. Moreover, the peripheral areas We believe, however, that the drastic of the North American Broadcasting involved generally receive adequate to changes which have occurred in the Agreement.” abundant service from other stations. It broadcasting industry may have a very This issue can be treated as moot. The seems to us justified to sacrifice this substantial bearing on other, non-tech- specific occasion for it—renegotiation of peripheral service, if the new stations nical considerations affecting the use of the North American Regional Broad can be assigned so as to provide primary higher power.for Class I-A clear channel casting Agreement of 1941—has long service where there is now none. stations. since passed. Moreover, the realloca 60. In assignings Class I I unlimited 63. Although the qutestion of higher tions proposed herein are consistent with time stations to these channels, it will power needs careful reconsideration in the still unratified North American be important'to bear in mind that they the light of present day conditions, we Regional Broadcasting Agreement of are being made available for new sta believe that it would needlessly retard 1950. tions in areas which have no primary progress toward the improvement of 'J / . Issue Number 2 service. For this reason we do not pro service on the clear channels if we at pose to make the new Class I I assign tempted at this stage ta give our atten “ (2) Whether the number of clear ments in cities or areas now receiving tion simultaneously to the problems channels should be increased or de numerous services, but-would keep them associated with both higher power and creased and what frequencies in the available for new stations located Where duplication. The record of this proceed standard broadcast band shall be desig they could place a first primary service ing has already grown so unwieldly that nated as I-A channels and as I-B in white areas. repeated attempts on the part of the channels.” FM broadcasting. 60. (a) At an Commission to reach decisions encom There is no practicable basis for increas early stage of the proceeding preliminary passing the whole scope of the original ing--the number of clear channels. We evidence was received on a proposal by eleven issues have failed until now to conclude that it would not be in the pub CBS for complete nationwide network produce decisions which a majority of lic interest to decrease the number of coverage through the combined use of the Commission were prepared to sup clear channels, since much needed im FM and standard broadcast stations. port. We think it desirable, without provements in wide area service to re Subsequently, however, under a ruling losing sight of the inherent inter-rela gions lacking in groundwave service can adopted in October 1947, evidence relat tionships between the problems of higher be achieved only by clear channel sta ing to FM broadcasting was excluded on power and duplication, to concentrate tions adequately protected against inter the ground that the scope of the present our attention on them one at a time, ference. We conclude that this need re proceeding was confined to standard • and to deal first with the possibilities for quires that all the frequencies now broadcasting. In reaching the tentative achieving service gains through the im classified as clear channels remain so conclusions stated herein on the basis plementation of a scheme of duplication classified. Moreover, we propose reten of the record before us, we are not un of unlimited time assignments on Class tion of the present designations of the mindful of the fact that FM radio is I-A channels on the lines of the plan Class I-A and Class I-B channels. We making contributions of mounting sig briefly summarized in paragraph 55, and do look toward the removal of nighttime nificance to the nation’s aural broadcast more fully described in paragraphs 68 to exclusivity on 12 designated Class I-A service, and we would not wish, by any 77. channels, and the assignment of an ad decisions taken in the instant proceed 64. In deferring at this time active ditional Class I station on five of these ing, to place any undue obstacles in the consideration of the problems involved 12 channels. However, while in certain way of continued development and evo in the authorization of higher power/on respects the new assignment rules for lution of the FM service. We believe the remaining twelve Class I-A frequen these channels would be similar to those none are involved in the action here pro cies, we do not foreclose an opportunity governing station assignments on Class posed. It is confined to the piass I- A for, a thorough examination of that sub I-B channels, we do not propose their clear channels which would continue to ject later. We are unable to find reclassification as I-B channels, The be needed for wide area service under sufficient justification, in any event, for Class I-A designation would be retained, any foreseeable developments affecting authorizing higher power on the 12 fre consistently with their classification thq wider utilization of FM radio. quencies on which we propose to con under NARBA as U. S. Class I-A chan Appropriate further steps at this stage sider additional unlimited time assign nels entitled to the higher degree of pro of the proceeding. 61. As discussed ments. Preservation, in the interim,^ of tection foreign countries have agreed to earlier, we believe that progress in reach the status quo, on the 12 frequencies provide on the Class I-A channels, as ing final decision in this proceeding can listed in paragraph 54, would therefore compared with the lesser protection re best be facilitated by inviting interested leave unimpaired such opportunities as quired on the Class I-B channels. parties to direct their further comments may exist for the fruitful use of higher (While the precise formulation of re to those types of clear channel realloca power for Class I-A stations. vised rules need not be decided at this tions which appear to offer most real 65. For these reasons, the further pro stage, it may be desirable, while retain istic opportunities, for improving the ceedings instituted herein will be con ing Class I-A classification for these standard broadcast service. For the fined at this stage to an examination of channels, to create subordinate classi reasons discussed in paragraphs 51 to 60, the problems, advantages, -and disad fications depending on whether new co- it appears that the optimum improve vantages of the assignment of additional channel unlimited time assignments ment which it would be practicable to unlimited time stations on the 12 fre would be confined to Class I I stations, or achieve on the basis of technical con-'' quencies already referred' to. Before would include an additional Class I sta siderations alone would be to implement proceeding to a detailed statement of the tion, with mutual protection by both the a plan which would utilize both higher plan on which comments will be invited, new and existing Class I station). power and duplication, in accordance it is appropriate at this point to indicate Issue Number 3 with the varying circumstances of the our views concerning the eleven "issues originally designated'in this proceeding, “ (3) What minimum power and what individual Class I-A channels. maximum^ power should be required or 62. In our opinion, however, many oftaking into account the tentative con clusions already discussed. authorized for operation on clear chan the arguments formerly used in support nels.” of the authorization of higher power for The original eleven issues of this pro clear channel stations need to be re ceeding; 66. For the reasons discussed For the reasons already discussed, we considered in the light of the vast so far in this Notice and the further pro believe a maximum power of 50 kw should changes which have taken place in the ceedings initiated herein, we have be retained for the Class I stations on standard broadcast industry since the reached the following conclusions con the following clear channels: cerning the eleven issues originally present record was compiled. We are designated in this proceeding. 660 kc 780 kc 1100kc certain that there has been little change 670 kc 880 kc 1120 kc in the showings made on the present Issue Number 1 720 kc 890 kc 1180kc 770 kc 1020 kc 1210 kc record, based on engineering calcula "(1) What recommendation concern tions, of the available services and of the ing the matters covered by this order the Consideration of the possible advantages service improvements which could be Commission should make to the Depart and disadvantages of authorizing higher Saturday, April 19, 1958 FEDERAL REGISTER 2619 power on the following frequencies is Issue Number 8 dural steps necessary^ to implement the being deferred at this time: “ (8) What changes the Commission plan, and to minimize the time necessary 640 kc 760 kc 870 ko should order with respect to geographical to accomplish this. The record of this 650 ko 820 kc 1040 kc location, frequency, authorized power or proceeding—and in particular the depic 700 kc 830 kc 1160 kc hours of operation of any presently li tions of existing skywave services in 750 kc 840 kc 1200 kc censed clear channel station.” white areas clearly supports the desir Issue Number 4 ability of assigning new Class I stations Final decisions concerning modification in the states designated in paragraph 55. “ (4) Whether and to what extent the of outstanding licenses will be deferred Thus, there is no need for the excessively authorization of power for clear channel pending the conclusion of rule'making complicated comparative hearings which stations in excess of 50,000 watts would on the allocations issues. would be necessary if the channel were unfavorably affect the economic ability Issue Number 9 opened up for mutually exclusive appli of other stations to operate in the public cations throughout the entire wide area interest." **(9) Whether and to what extent the in which Class I co-channel assignments clear channel stations render-a program The outdated record of this proceeding might otherwise be possible. service particularly suited to the needs affords" an inadequate basis for sound 70. The individual states designated of listeners in rural areas.” judgments on this issue under the for the assignment of new Class I sta changed conditions in the radio broad The Listener Surveys whose results are tions have been tentatively chosen, with casting industry. Further consideration spread on the record of this proceeding the general directional antenna charac will be deferred to such time as the Com are too outdated to providé a sound basis teristics that are required in mind, prin mission may decide to institute further for judgment on this record. cipally upon the basis of the optimum location for improvement of secondary rule making on the authorization of Issue Number 10 higher power on some 'of the Class I-A service in western areas where it has to clear channels, i "(10) The extent to which the service be relied on most. Additionally, the areas of clear channel stations overlap choice of locations is supported by the Issue Number 5 and tjie extent to which this involves record as in compliance With the require “ (5) Whether the present geographi a duplication of program service.” ments of section 307 (b) of the act for cal distribution of clear channel sta fair, efficient and equitable distribution The information on the record concern of radio service among the several states tions and the areas they serve represent ing duplication of program service is too an optimum distribution of radio service and communities. outdated to provide a sound basis for 71. It should be noted that in the case or whether the fair, efficient, and equi judgment at this time. table distribution of radio service among of one channel— 770 kc— we have not the several states and communities spec Issue Number 11 designated the state in which the new ified in section 307 (b) of the Communi Class I station would be assigned. This "(11) What recommendation, if any, frequency, on which a Class I-A station cations Act requires a geographical re the Commission should make to the Con distribution at this time.” is presently assigned to New York City, gress for the enactment of additional is involved in a separate, adjudicatory The present record indicates the de legislation on the matters covered by proceeding (Docket Nos. 6584 and 6585), sirability of examining such geopraphical this Order.” in which there is at issue the question of redistribution of such clear channel as The Commission possesses the requisite Whether Station KOB at Albuquerque, signments as may be achieved in the plan statutory power to implement the reallo New Mexico, should be licensed to oper on which further rule making is initiated cations proposed herein and enactment ate as an unlimited time station on 770 herein. of additional legislation is, accordingly, kc or on 1030 kc (on which at present a Issue Number 6 not required. Class I-B station is assigned to operate ’ “ (6) Whether it is economically feasi Rule making proposal. 68. We have at Boston, Massachusetts). Under § 3.25 ble to relocate clear channel stations so summarized in paragraph 55 a plan for (b) of the present rules, the assignment as to serve those areas which do not the assignment of additional unlimited of a co-channel unlimited time station presently receive service!” time stations on 12jof the clear channels. is permissible on 1030 kc. Thus, a deci sion in the above-referenced adjudica The record fails to support the desira Qn five of these— 660 kc, 770 kc, 880 kc, 1100 kc and 1180 kc, that plan contem tory proceeding to assign KOB to that bility of outright relocation of clear channel would not require reclassifica channel stations in the sense of shifting plates the assignment, in specified west ern states, of a new Class I station and tion of 1030 kc. Section 3.25 (a) of the the present Class I assignment from the the mutual protection of both the new rules, on the other hand, does not at present city to a new city and eliminating and the existing Class I station by direc- present contemplate the unlimited time the present assignment appears neither tionalization. On seven other Class I-A Operation of another station on 770 kc. desirable nor feasible. On the other Accordingly, the question of whether the hand, redistribution of Class I clear frequencies— 670 kc, 720 kc,780 kc,890 kc, 1020 kc, 1120 kc, and 1210 kc—it is pro allocations rules governing the use of channel assignments to the extent en 770 kc should be amended to permit the visaged in the rule making proposal posed to permit the present Class I-A station to continue to operate as at pres assignment of a "co-channel unlimited initiated" herein does appear to merit time station at Albuquerque is also at consideration. ent, and to assign to those frequencies additional unlimited time Class II sta issue in the KOB proceeding.8 Issue Number 7 * tions which would be required to protect 72. The Commission cannot properly the present Class I-A station in a manner anticipate in the instant proceeding the “(7) What new rules or regulations, decision it will reach in the KOB adjudi if any, should be promulgated to govern comparable to the requirements for pro tecting Class I-B stations under the pres catory ^proceeding. We note, how ever,^ the power or hours of operation of Class ent rules! On all 12 of the foregoing fre for the purposes of the instant rule mak II stations operating on clear channels.” quencies the present Class I station would ing proceeding, that the assignment of KOB to either 770 kc or 1030 kc would Proposals for amendments to the rules continue to operate at 50 kw maximum power. The new Class I stations in the be fully consistent with the general covering the powers and hours of opera scheme of reallocations proposed herein. tion of Class n daytime stations are be first group would also be permitted to operate at power of 50 kw. The daytime As stated above, the use of 1030 kc, which fore us in separate rule making proceed is a Class I-B channel, is permitted un ings on the daytime skywave problem and nighttime powers of the Class I I stations assigned to the remaining seven der the present rules. Alternatively, the (Docket No. 8333) and the problem of ex of these frequencies would be determined use of 770 kc for an unlimited time sta tended hours for daytime^ broadcasters as at present for Class I I stations. tion at Albuquerque would help tojm ple- ment the objectives of the scheme of (Docket No. 12274). Decisions will be 69. Several reasons underlie the desig reached in those proceedings with due reallocations proposed herein in a man nation of specific states for the assign ner consistent with the action contem- regard for the major policy decisions ment of a new Class I station. The first reached in the instant clear channel reason is procedural. It is desirable to Proceeding. * KOB is presently operating unlimited simplify, so far as possible, the proce- time on 770 kc under special authority. No. 78- 6 2620 PROPOSED RULE MAKING plated for the other Class I-A channels, entirely. Accordingly it is our purpose (f) and (r i and 316 (a) of the Communi particularly those similarly situated in to elicit specific proposals concerning cations Act of 1934, as amended. the northeastern portions of the United possible station assignments which Disposition -o f recent pleadings. 81. States. would supply primary service to areas Pursuant to the foregoing, I t is ordered, 73. In these circumstances, taking not now receiving such service. I f there That the petition filed by the Clear into account the special problems grow are indications of potential station as Channel Broadcasting Service on No ing out of the history of the KOB pro signments of this nature, Commission vember 16,1956, is granted to the extent ceeding, we go no further in the instant rules would be appropriately amended consistent with the further rule making proceeding at this stage, than to note to make these channels available for initiated herein and is denied in all the desirability of assigning a new Class that express purpose. If, in this pro other respects. I t is ordered further, I station on 770 kc in a western state ceeding or under the anticipated rule That the petition filed in this proceeding where the need is greatest for such a change applications consistent with by Albuquerque Broadcasting Company new assignment, and where it would be these tenets are not forthcoming, the on December 28, 1956, referred to in sufficiently removed from New York to channels in question would be the sub paragraph 29, is denied. minimize loss of service from direction- ject of further consideration. , 82. One other group of recent plead alizing the present New York station. 76. The processing of applications for ings not previously referred to herein We leave for determination in the KOB new and expanded daytime facilities on requires disposition. On December 19, adjudicatory proceeding the question the twelve Class I-A channels in question 1957, Everett L. Dillard, trading as Com whether KOB should be licensed to should be deferred until reasonable op mercial Radio Equipment Co., licensee operate unlimited time at Albuquerque portunity has been provided for the as of WDON, a Class I I daytime station on 770 kc or on 1030 kc, and under what signment of unlimited time Class n operating on Class I-B Channel 1540 kc conditions. Should it be decided in the stations on theser channels. It is not with a power of 250 watts, filed a peti KOB proceeding that it would be prefer possible at this time to anticipate with tion (bearing Docket Nos. 6741- and able to license KOB for unlimited time exactitude the date when it will be ap 8333) requesting that the Commission operation on 1030 kc, it would then be propriate to permit the assignment of institute proceedings to amend the rules appropriate, and consistent with the re new daytime Class I I stations on these so as to delete 1540 kc from § 3.25 of the allocations proposed herein, to make channels. Such action would, accord rules, thereby terminating the present 770 kc available for assignment in some ingly, be deferred until a later stage classification of this frequency as a Class other western city, and we herein propose when the pattern of new Class I I un I-B channel* The petition also requested to do so in that eventuality. Conversely, limited time assignments on these chan that Station KXEL, now assigned to if 770 kc were selected for Albuquerque, nels has become sufficiently crystallized Waterloo, Iowa as a Class I-B station 1030 kc remains available under the to insure that the assignments of new on 1540 kc, be reclassified as a Class II existing rules for a similar Class I as daytime stations would not unreasonably station, pursuant to § 3.182 (4) (b) of signment elsewhere. block opportunities for the assignment the rules concerning automatic reclass 74. The assignment of Class I I un of Class n unlimited time stations meet ification of standard broadcast stations. limited time stations to 660 kc, 770 kc, ing the above-stated requirements. (A grant of the above-requested amend 880 kc, 1100 kc, and 1180 kc would 77. Owing to the fact that we have ment to § 3.25 would invoke the same necessarily have to be deferred until a decided to maintain the status quo on reclassification of KXEL to Class II determination has been made of the the twelve other Class I-A frequencies on status, although on other grounds). precise location and specific opèrating which the possible consideration of The petition requested finally, that these conditions of both the new and existing higher power is being reserved until actions be considered separately from Class I stations on each of these chan later, i. e., 640 kc, 650 kc, 700 kc, 750 kc, the instant Clear Channel proceeding nels. Until this is done it would not be 760 kc, 820 kc, 830 kc, 840 kc, 870 kc, and the Daytime .Skywave proceeding possible to determine precisely what 1040 kc, 1160 kc, and 1200 kc, it will not {Docket No. 8333). Comments support Class II stations and what mode of be appropriate, pending such action, to ing this petition were filed on April 3 operation would ensure the requisite clutter those frequencies with daytime and April 8, 1958, respectively, by La protection tp the dominant Class I sta assignments which would tend to prej Porte Broadcasting Co., Inc., licensee of tions on thèse channels. This proposal udice such consideration as it may later WLOI, a Class I I daytime station oper- contemplates, however, that when the be desirable to give to proposals for in atingj on 1540 kc assigned to La Porte, precise location of the new Class I sta creased power. ' Indiana, and Dalworth Broadcasting tions and specific operating conditions 78. Any interested party who is of the Company, Inc., licensee of KCUL, a Class of both the new and existing Class I opinion that the proposals set out in I I unlimited time station assigned to stations are determined, applications Paragraphs 55 and §8 to 77 of this Notice Fort Worth, Texas. would at that stage be accepted for should not be adopted, or should not be 83. For reasons discussed in paragraph Class II unlimited time stations on these adopted in the form set forth herein, 47 hereof, we found, on the basis of five channels. may file with the Commission on or be this record, that it would be undesirable 75. With respect to the assignment of fore July 15,. 1958, a written statement to make any general reallocation of the Class I I stations to 670 kc, 720 kc, 780 or brief setting forth his comments, to Class I-B channels. The WDON peti kc, 890 kc, 1020 kc,JL120 kc, and 1210 kc, gether with supporting data. Com tion raises questions arising out of spe we find that directionalization of the ments and data In support of the pro cial circumstances affecting 1540 kc in eastern station to the extent necessary posed amendment may also be filed on particular. For this reason, it is appro to establish a useful skywave service in or before the same date. Comments or priate^ "to deal with that petition sep the west would be at the sacrifice of pri briefs in reply to the original comments arately, and not within the context of mary coverage in eastern areas where may be filed within 45 days from the this proceeding, which is concerned with there is a definite deficiency of primary last day for filing said original com broader aspects of clear channel reallo service. We thus find it appropriate to ments. No additiohal comments may be cation. We do not, therefore, rule on require protection of the extended pri filed unless (1) specifically requested by the foregoing petition herein, but will mary coverage now given by the existing the Commission or . (2) good cause for consider and decide it separately, with stations involved. It ^follows that the the filing of such additional comments due regard for the broad policy decisions western usage must be confined to Class is established. reached in the instant proceeding. I I assignments, i. e., stations providing 79. In accordance with the provisions Adopted: April 15,1958. protection to the eastern Class I station, of § 1.54 of the Commission’s Rules and and at the same time subjected to inter Regulations, an original and 14 copies Released: April 15,1958. ference from the Class I stations to the of all statements, briefs or comments F ederal C ommunications extent of eliminating skywave coverage. shall be furnished the Commission. C o m m is s io n , Such duplicate operation is consistent 80. Authority for the adoption of [ s e a l ! M a r y Ja n e M o r r is, with our objective only if it results in amendments to the rules embodying the Secretary. the addition of primary service to areas proposals set out herein is contained in [P. R. DOC. 58-2934; Filed, Apr. 18, 1958; where such service is deficient or lacking sections 4 (i), 301, 303 (a ), (b), (c), (d ), 8:54 a. Saturday, April 19, 1958 FEDERAL REGISTER 2621 NOTICES DEPARTMENT OF THE INTERIOR DEPARTMENT OF AGRICULTURE The authority hereby delegated shall be exercised in accordance with the re Bureau of Land Management Commodity Credit Corporation quirements of the above-titled Act, par ticularly sections 304, 305, and 307 and I Wyoming-05437 ] C o n t r a c t in g O ffic e r s the policies, procedures and controls pre W y o m in g d e le g a t io n o f a u t h o r it y , t o e x e c u t e scribed by the General Services Admin ORDER PROVIDING FOR OPENING OF PUBLIC c e r t a in d o c u m e n t s istration. LANDS Pursuant to authority vested in the Done at Washington, D. C., this 16th Executive Vice President, Commodity “ ^ A p r il 14» 1958. day of April 1958. Credit Corporation, by the bylaws of the In accordance with authority dele Corporation, the respective chairmen, or, [ s e a l ] E . T . B e n s o n , gated to me by the Wyoming State in their absence, the acting chairmen of Secretary. Supervisor, Bureau of Land Manage the Agricultural Stabilization and Con [F. R. Doc. 58-2919; Filed, Apr. 18, 1958; ment, under Part II of Order o f Delega servation County Committees in the 8:53 a. m.] tion filed November 21, 1956 (21 F. R. cotton-producing States, or if'so desig 9147), it is ordered as follows: nated by such Agricultural Stabilization The order dated April 8, 1919, estab and Conservation County Committees DEPARTMENT OF COMMERCE lishing Stock Driveway Withdrawal No. the ASC county office managers, are Federal Maritime Board 44, Wyoming No. 8, pursuant to the pro hereby appointed contracting officers of visions of section 10 of the Act of Con Commodity Credit Corporation with au W ard G a r cia, S. A. e t a l . gress approved December 29, 1916 (39 thority to execute, in the name of the Stat. 862), is revoked only insofar as it Corporation, contracts, agreements, or NOTICE OF AGREEMENTS FILED FOR APPROVAL pertains to the following described lands: other documents relating to the pur Notice is hereby given that the follow Sixth Principal M eridian, W yoming chase, transportation, handling, and ing described agreements have been filed T.49N..R. 102 W., storage of cottonseed prior to the deliv with the Board for approval, pursuant to Sec. 5, Lot 2. ery of such cottonseed to an oil miller or section 15 of the Shipping Act, 1916 (39 an approved storage facility under the Stat. 733, 46 U. S. C. 814): The area described totals 40 acres of 1958-Crop Cottonseed Purchase Pro (1) Agreement No. 8288, between public land. gram formulated by Commodity Credit Ward Garcia, 3~A.; and Alcoa Steamship This revocation is made in furtherance Corporation and Commodity Stabiliza Company, Inc., covers the transporta of an exchange under section & of the tion Service. tion of general cargo under through bills act of June 28, 1934 (48 Stat. 1272), as The foregoing authority as contracting of lading from Mexico to Puerto Rico, amended by section 3 of the act of June officers shall be exercised in accordance with transhipment at New Orleans, 26, 1936 (49 Stat. 1976; 43 U. S. C. 315g)' with instructions issued by the appro Louisiana. by which the offered lands will benefit a priate Vice President of Commodity (2) Agreement No. 8289, between Federal land program. This restoration Crédit Corporation, which shall be avail Flota Mercante Grancolombiana, S. A., is, therefore, not subject to the provisions able for public inspection in the files of and Alcoa Steamship Company, Inc., contained in the act of September 27, the Agricultural Stabilization and Con covers the transportation of general 1944 (58 Stat. 747; 43 U. S. C. 279-284) as servation county offices in the respective cargo under through bills of lading from amended, granting preference rights to cotton-producing States. Ecuador, Colombia, Honduras, Costa veterans of World War H and the Korean Issued this 16th day of April 1958. Rica, Guatemala and Mexico to Puerto conflict, and others. Rico, with transhipment at New York, Inquiries concerning these lands shall [ s e a l ] W alter C. B erger, or Baltimore. be addressed to the Manager, Land Executive Vice President, Interested parties may inspect these Office, Bureau, of Land Management, Commodity Credit Corporation. agreements and obtain copies thereof at P. O. Box 929, Cheyenne, Wyoming. [F. R. Doc. 58-2946; Filed, Apr. 18, 1958; the Regulation Office, Federal Maritime E u g e n e L. S c h m id t , 8:55 a. m.j Board, Washington, D. C., and may sub Lands and Minerals OfficerT mit, within 20 days after publication of this notice in the F ederal R eg iste r , writ [F. R. Doc. 58-2895; Filed. Apr. 18, 1958; 8:49 a. m.} ten statements with reference to either Office of the Secretary of the agreements and their position as to approval, disapproval, or modification, A dministrator , A gricultural R esearch together with request for hearing should Office of the Secretary S e r vic e such hearing be desired. lOrder No. 2583. Arndt. 17] DELEGATION OF AUTHORITY TO NEGOTIATE Dated: April 16,“ 1958. CONT(RACTS FOR AERIAL SPRAYING IN NEW B ur eau o f L and M a n a g e m e n t By order of the Federal Maritime YORK AND PENNSYLVANIA Board. delegation o f a u t h o r it y i n c o n n e c t io n Pursuant to the authority vested in W IT H LANDS AND RESOURCES [ s e a l ! G e o . A. V i e h m a n n , the Secretary of Agriculture by the Ad Assistant Secretary, A p r il 14, 1958. ministrator, General Services Adminis Section 2.92 of Order No.'2583 (15 tration, under date of April 3, 1958 (23 [F. R. Doc. 58-2926; Filed, Apr. 18, 1958; F- R. 5643), is amended by adding a new F. R. 2304), authority is delegated to the 8:54 a. m.] Paragraph (d) to read: Administrator, Agricultural Research Service, with authority to redelegate to Sec. 2.92 Grazing leases, etc. * * * any officer or employee of the Agricul M e m ber L in e s o f T r a n s -P a c if ic F r e ig h t (d) All actions with respect to issu- tural Research Service, to negotiate, C o n f e r e n c e o f J a p a n ‘‘hce of permits for the grazing of rein- without advertising, under section 302 :*eer on the public lands in Alaska, (c) (4) and 302 (c)' (9) of the Federal NOTICE OF AGREEMENT FILED FOR APPROVAL Pursuant to section 14 of the act of Property and Administrative Services Act Notice is hereby given that the follow September 1, 1937 (50 Stat. 902; 48 of 1949 (63 Stat. 377, as amended), con ing described agreement has been filed U-S. C. 250m). tracts required by the Department of with the Board for approval pursuant to F red A. S e a t o n , Agriculture for aerial spraying of ap section 15 of the Shipping Act, 1916 (39 Secretary of the Interior. proximately 140,000 acres of wooded Stat. 733, 46 U. S. C. 814) : '** R. Doc. 58-2896; Filed, Apr. 18, 1958; areas in New York and Pennsylvania for Agreement No. 150-10, between the 8:49 a. m.] the period ending December 31, 1958. member lines of the Trans-Pacific 1 2622 NOTICES Freight Conference of Japan, modifies ATOMIC ENERGY COMMISSION thorization to operate its Vallecitos Boil the basic agreement of that conference ing Water Reactor at a maximum power (No. 150, as amended), to-provide that [Docket No. 28] level of 20 megawatts (heat) with up to decisions to jointly enter into other C o r n e l l G r o ssm a n fourteen (14) rod-type fuel elements. agreements shall require unanimous con The remaining elements would be of sent of all members. n o t ic e o f application standard plate type. On December 9, Interested parties may inspect this Notice is hereby given that Dr. Cornell 1957, the Company also filed Amendment agreement and obtain copies thereof at Grossman has filed an application before No. 15, requesting AEC authorization to the Regulation Office, Federal Maritime the Patent Compensation Board for an use this same core loading at power levels Board, Washington, D. C., and may sub award or just compensation under the up to 30 megawatts (h eat). On January mit, within 20 days after publication of Atomic Energy Act of 1954 based on U. S. 10, 1958, the Company filed Amendment this notice in the F ederal R e g ist e r , writ Patent Application Serial Number 632,- No. 16 requesting AEC authorization to. ten statements with reference to the 001 filed in the U. S. Patent Office heat the reactor water by operating the agreement and their position as to ap January 2, 1957. reactor at power levels not to exceed one proval, disapproval, or modification, to The application of Dr. Grossman is on megawatt. The Company proposes to gether with request for hearing should file with the Patent Compensation Board. use this heating method instead of the such hearing be desired. Any person pther than the applicant de previously used method which involved siring to be heard with reference to the heating by external means to that tem Dated: April 16, 1958. application should file with the Patent perature at which the temperature coeffi By order of the Federal Maritime Compensation Board, United States cient would become negative. On March Board. Atomic Energy Commission, 1717 H 26, 1958, the Company filed Amendment Street NW., Washington 25, D. C., within No. 18 in response to an AEC request for [ s e a l ] G e o . A. V i e h m a n n , Assistant Secretary. thirty (30) days from the date of publi additional information relating to op cation of this notice, a statement of facts eration of the reactor under- the condi [P. R. Doc. 58-2927; Piled, Apr. 18, 1958; Concerning the nature of his interest. tions proposed in Amendments Nos. 14 8:54 a. m.] Dated: April 14, 1958. and 15. On March 26, 1958, the Com pany also filed Amendment No. 19 which M argaret H. M e l i n , modified and clarified Amendment No. Acting Clerk, 16 and which also requested AEC author Office of the Secretary Patent Compensation Board. ization to use a different control rod ma terial and configuration in the reactor. J o h n H . S pr aggo n [P. R. Doc. 58-2880; Piled, Apr. 18, 1958; 8:45 a. m.j Paragraph 4a (1) of License DPRr-1, STATEMENT OF CHANGES IN FINANCIAL as amended, reading as follows: INTERESTS GE shall operate the facility in accordance In accordance with the requirements with the procedures and limitations de of section 710 (b) (6) of the Defense [Docket No. 50-18] scribed in the application; provided, that Production Act of 1950, as amended, and GE may adopt the procedures described in G en e r a l E lec tr ic Co. its telegram to the Commission dated Sep Executive Order 10647 of November 28, tember 24, 1957; and, provided further, if n o t ic e o f pr o po sed is s u a n c e o f f a c il it y 1955, the following changes have taken such procedures are adopted, that the de place in my financial interests as re l ic e n s e ; a m e n d m e n t crease of the reactivity of the reactor, due ported in the F ederal R egister of Octo Please take notice that the Atomic to the burnout of U-235 and the buildup of ber 27, 1956, 21 F. R. 8245; May 2, 1957, Energy Commission proposes to issue fission products, does not exceed three per cent. 22 F. R. 3135; October 18, 1957, 22 F. R. to General Electric Company Amend 8242. ment No. 3 to License DPR-1 substan is hereby amended to read as follows: A. Deletions: No change. tially in the form set forth below unless GE shall operate the facility in accordance B. Additions: No change. within fifteen (15) days after filing of with the procedures and limitations described This statement is made as of April 11, this notice with the Federal Register in the application as amended through 1958. Division a request for a formal hearing Amendment No. 19, provided that the rod- is filed with the Commission in the man type elements shall be placed in the core in Dated: April 11,1958. ner prescribed in the Commission’s rules such positions that they will be no less sur of practice (10 CFR Part 2). rounded by plate-type elements than is in J o h n H . S praggo n. dicated by the typical loading described in [P. R. Doc. 58-2924; Piled, Apr. 18, 1958; For further details see the General Appendix “A” of License Application Amend 8:54 a. m.] Electric Company’s requests for license ment No. 15, and, provided further, that amendment and related data set out in either the main coolant circulation pump the Company’s license application shall not be used or an additional differential amendments numbered 14, 15, 16, 18 temperature interlock between water in the Core and that entering the core to prevent H arold L a r se n and 19, a memorandum prepared by the Division of Licensing and Regulation rapid opening of the water flow valves and STATEMENT OF CHANGES IN FINANCIAL starting of the primary coolant circulation summarizing the principal factors con pump when the reactor is operating. INTERESTS sidered in reviewing the requests for In accordance with the requirements license amendment, and a report dated The first sentence of paragraph 4a (3) of section 710 (b) (6) of the Defense March 8, 1958, from the Chairman, Ad of License DPR-1, as amended, reading Production Act of 1950, as amended, and visory Committee on Reactor Safeguards, as follows: ■ Executive Order 10647 of November 28, to the Chairman, Atomic Energy Com GE shall not operate the facility at thermal 1955, the following changes have taken mission, all on file in Docket 50-18 in power levels in excess of 30,000 kilowatts nor place in my financial interests as re the Commission’s Public Document Room at an average operating power during any twenty-four hour period in excess of 20,000 ported in the F ederal R egister of No located at 1717 H Street NW., Washing vember 6, 1956, 21 F. R. 8514; April 20, ton, D. C. kilowatts. 1957, 22 F. R. 2784; October 18, 1957, 22 Dated at Washington, D. C., this 17th is hereby amended to read: F. R. 8243. day of April 1958. GE shall not operate the facility at power levels in excess of 30,000 thermal kilowatts A. Deletions: No change. For the Atomic Energy Commission. B. Additions: No change. nor at an average operating power during any H. L. P rice, twenty-four hour period in excess of 20,000 This statement is made as of April 11, 'Director, Division of thermal kilowatts, provided that the maxi 1958. mum allowable heat flux for the rod-type Licensing and Regulation. elements as stated in License Application Dated: April 11,1958. [License No. DPR-1; Amdt. 3] Amendment No. 14 shall not be exceeded. H arold L a r s e n . 'On December 9, 19$7, General Electric The Atomic Energy Commission has [P. R. Doc. 58-2925; Piled, Apr. 18, 1958; Company filed Amendment No. 14 to its found that operation of the facility in 8:54 a. m.] license application to request AEC au accordance with the terms and the con- Saturday, April 19, 1958 FEDERAL REGISTER 2623 ditions of the license as amended will not (e) Economics Division. [Docket No. 12167; FCC 58M-388] “ be inimical to the common defense and (f) License Division. security or to the health and safety of (g) Office of Network Study. C a p it o l B roadcasting C o . (WJTV) the public. (h) Hearing Division. ORDER CONTINUING HEARING For the Atomic Energy Commission, 2. Section 0.14 is amended to read as In re modification of construction follows : H. L. P r ic e , v . •permit of Capitol Broadcasting Company Director, Division of Sec. 0.14 Broadcast Facilities Divi (W J T V ), Jackson Mississippi, Docket No. Licensing and Regulation. sion. The Broadcast Facilities Division 12167; Pursuant to section 316 of the (F. R. Doc. 58-2974; Filed, Apr. 17, 1958; is responsible for all functions indicated Communications A c t o f 1934, as 12:30 p. m.J in the statement contained in 'Section amended. 0.11, insofar as such functions pertain The Hearing Examiner having under to standard (A M ), FM, television, ex consideration a "Motion for Continu FEDERAL COMMUNICATIONS perimental and auxiliary broadcast serv ance’’ filed April 11, 1958, by Capitol COMMISSION ices, excluding functions stated in Broadcasting Company (WJTV), re sections 0.15, 0.16 and 0.17. questing that the hearing session pres {Rules Arndt. 8-41; FCC 58-344] ently scheduled for April 18, 1958, be 3. Section 0.15 is amended to read as continued to a date thirty days after S tatem ent o f O rganization , D e le g a t io n s follows: of F in a l A u t h o r it y , an d O th e r I n f o r action by the U. S. Court of Appeals in Sec. 0.15 Renewal and Transfer Divi Cases Nos. 14,034 and 14,162, now pend m a tio n . . ^ sion. The Renewal and Transfer Divi ing before that Court; and MISCELLANEOUS AMENDMENTS sion is responsible for all functions It appearing that the other parties to At a session of the Federal Communi indicated in the statement contained in the proceeding have indicated that they cations Commission held at its offices in section 0.11, insofar as such functions will interpose no objection to a grant of Washington, D. C., on the 9th of April pertain to applications for the renewal the relief requested, and will consent to 1958. of license, transfer of control and assign a waiver of § 1.43 of the rules in order The Commission having under consid ment of license or construction permits; that the motion will receive immediate eration the establishment of the Hearing and exercises responsibility for main consideration; and Division of the Broadcast Bureau ; and taining the enforcement of applicable It further appearing that good cause It appearing that the amendments Statutes, the rules, regulations and for granting the motion has been shown. adopted herein would promote greater orders of the Commission insofar as they I t is ordered, This 15th day of April efficiency in Commission operations; and relate to broadcast stations. 1958, that the motion is granted, and the hearing is accordingly continued to a It further appearing that the amend 4. Add section 0.16. ments adopted herein are procedural in date thirty days after action by the U. S. nature, and, therefore, compliance with Sec. 0.16 Hearing Division. The Court of Appeals as above noted, and the public notice and rule-making pro Hearing Division is responsible for all that a further hearing order specifying cedures required by sections 4 (a) and functions indicated in the statement exactly the date will hereinafter be (b) of the Administrative Procedure Act contained in section 0.11, insofar as such published. is not required; functions pertain to applications which Released: April 16, 1958. have been designated for hearing and It is ordered, That pursuant to sections F ed er al C ommunications 4 (f) and (i) and ,5 (b) of the Communi other proceedings pursuant to sections C o m m is s io n , cations Act of 1934, as amended, the 312 and 316 of the Communications Act of 1934, as amended. [ s e a l ] ' M a r y Ja n e M o r r is, Hearing Division of the Broadcast Bu Secretary. reau is established and the Hearing [F. R. Doc. 58-2935; Filed, Apr. 18, 1958; Branch of the Broadcast Facilities Divi 8:54 a. m.] [F. R. Doc. 58-2937; Filed, Apr. 18, 1958; sion is abolished, effective April 9, 1958. 8:54 a. m.J The personnel and functions of the Hear ing Branch of the Broadcast Facilities Division are transferred to the Hearing [Docket Nos. 12107,12222; FCC 581^-391] [Docket No. 12237 etc.; FCC 58M-383] Division. The f unctions of the Renewal R iv e r s id e C h u r c h i n C i t y o f N e w Y o r k and Transfer Division relating to hear an d H u n t in g t o n -M o n t a u k B roadcast O k l a h o m a T e l e v is io n C o r p . e t a l . ing cases on applications for renewal of in g Co., I n c . license and transfer of control and to ORDER CONTINUING FURTHER PREHEARING ORDER SCHEDULING HEARING proceedings pursuant to section 312 of CONFERENCE the Communications Act are also trans In the matter of The Riverside Church ferred to the Hearing Division. in the City of New York, New York, New In re applications of Oklahoma Tele It is further ordered, That pursuant to York, Docket No. 12107, H ie No. BPH- vision Corporation, New Orleans, Louisi sections 4 (f> and (i) and 5 (b) of 2174; Huntington-Montauk Broadcast ana, Docket No. 12237, File No. BPCT- the Communications Act of 1934, as ing Company, Inc., Huntington, New 2330; William G. Aly, Richard J. Carrere, amended, Part 0 of the Commission’s York, Docket No. 12222, File No. BPH- Frank B. Ellis, George C. Foltz, George rules and regulations is amended effec 2233; for construction permits. E. Martin, Joseph A. Paretti, Chalin O. tive April 9, 1958, as set forth below. Pursuant to a pre-hearing conference Perez, John E. Pottharst, and William in the above-entitled proceeding held on H. Saunders, Jr., d/b as Coastal Tele R eleased: April 15, 1958. April 14, 1958, in the offices of this Com vision Company, New Orleans, Louisi ana1, Docket No. 12289, File No. BPCT- F ederal C ommunications mission, Washington, D. C. : It is ordered, C o m m is s io n , That the hearing in the said proceeding 2430; for construction permits for new [ seal] M a r y J a n e M orris, is scheduled to be held at 10 :00 o’clock television broadcast stations (Channel Secretary. a. m., on Tuesday, June 17, 1958, in the 12) ; Supreme Broadcasting Company, offices of this Commission, Washington, Inc., New Orleans, Louisiana', Docket No. A p p e n d ix D.C. 12238, File No. BMPCT-4679; for modifi 1. Section 0.13 is amended to read as Released; April 16,1958.. cation of construction permit (From follows: Channel 20 to Channel 12). Dated: April 14,1958. Sec. 0.13 Units in the Bureau. The Pursuant to agreements reached by broadcast Bureau is divided into the fol F ederal C ommunications all parties as shown by the transcript lowing units: C o m m is s io n , record of the further prehearing con '^ le Office ° f the Chief of Bureau. [ s e a l ] M a r y J a n e M o r r is, ference held on this date, lb) Broadcast Facilities Division. Secretary. I t is ordered, This 14th day of April le) Renewal and Transfer Division. [F. R. Doc. 58-2936; Filed, Apr. 18, 1958; 1958, that the further prehearing con Id) Rules and Standards Division. 8:54 a. m.] ference in this proceeding now sched- 2624 NOTICES uled on April 24, 1958, is continued to [Docket No. 12342; FCC 58M-380] September 1, 1954, an application for a certificate of public convenience and 10:00 a. m., on Monday, May 5, 1958. C e n t u r y R adio C o r p. necessity pursuant to section 7 of the Released: April 15, 1958. ORDER RESCHEDULING HEARING Natural Gas Act, authorizing Applicant F ederal C ommunications In re application of Century Radio to render the service hereinafter de C o m m is s io n , Corporation, Baldwinsville, New York, scribed, subject to the jurisdiction of the [ s e a l ] M a r y J a n e M o r r is, Docket No. 12342, File No. BP-11728; for Commission, all as moré fully presented Secretary.- construction permit. in the application which is on file with I t is ordered, This 14th day of April the Commission and open for public in [F. R. Doc. 58-2938; Filed, Apr. 18, 1958; spection. 8:54 a. m.j 1958, that the prehearing conference in the above-entitled matter heretofore Applicant proposes to sell natural gas scheduled to commence on April 22,1958, in interstate commerce from production is cancelled, and of its lease in Rodessa Field, Caddo [Docket Nos. 12310— 12312; FCC 58M-389] I t is further ordered, That hearing in Parish, Louisiana, to Arkansas Louisiana the above-entitled matter heretofore Gas Company for resale. Liquid hydro E ntertainment S e r v ic e , I n c ., e t a l . scheduled for May 12, 1958, is hereby carbons are to be extracted from raw ORDER CONTINUING HEARING rescheduled to commence at 10:00 a. m., casinghead gas at Arkansas Louisiana’s gasoline plant. Applicant is to be paid a In re applications of Entertainment April 23, 1958, in the Commission’s of fices in Washington, D. C. specified percentage of the proceeds of Service, Inc., Solvay, New York, Docket such liquid extraction. Applicant issto No. 12310, File No. BP-10988; Joseph A. Released: April 14, 1958. be paid a price of 3 cents per Mcf for an Marturano and Philip S. Marturano d/b estimated daily quantity of 730 Mcf per as Rome Community Broadcasting Com F ederal C ommunications C o m m is s io n , day of dry residue gas from the tailgate pany, Rome, New York, Docket No. [ s e a l ] M a r y J a n e M o r r is, of the gasoline plant. 12311, File No. BP-11262; James A. Mc- Secretary. This matter is one that should be dis Kechnie, North Syracuse, New York, posed of as promptly as possible under Docket No. 12312, File No. BP-11329; [F. R. Doc. 58-2941; Filed, Apr. 18, 1958; 8:54 a. m.] the applicable rules and regulations and for construction permits. to that end : In accordance with agreement of Take further notice that, pursuant to counsel reached at the prehearing con CIVIL AERONAUTICS BOARD the authority contained in and subject ference held in the above-entitled pro to the jurisdiction conferred upon the ceeding on April 14, 1958, and for good ' [Docket Nos. 8960, 9024] Federal Power Commission by sections cause shown, (1) the prehearing confer P a n A m e r ic a n W orld A ir w a y s , I n c . an d 7 and 15 of the Natural Gas Act, and'the ence is adjourned to be reconvened on Commission rules of practice and pro June 10, 1958, and (2) the hearing N o r t h w e s t A ir l in e s , I n c .; P a c if ic N o r t h w e s t -H a w a ii R e n e w a l C ase cedure, a hearing will be held on May presently scheduled for April 15, 1958, is 15, 1958, at 9:30 a. m., e. d. s; t., in a hereby continued until June 17, 1958, at NOTICE OF PREHEARING CONFERENCE Hearing Room of the Federal Power 10:00 a. m., in Washington, D. C. In „the matter of the application of Commission, 441 G Street NW., Wash Released: April 16, 1958. Pan American World Airways, Inc. under ington, D. C., concerning the matters involved in and the issues presented by Dated, this 14th day of April 1958. section 401 of the Civil Aeronautics Act, as amended, for amendment of its cer such application: Provided, however, F ederal C ommunications tificate of public convenience and neces That the Commission may, after a non- C o m m is s io n , sity to engage in air transportation contested hearing, dispose of the pro [ s e a l ] M a r y J a n e M o r r is, between the Pacific Northwest and ceedings pursuant to the provisions of Secretary. Honolulu. § 1.30 (c) (1) or (2) of the Commission In the matter of the application of rules of practice and procedure. [F. R. Doc. 58-2939; Filed, Apr. 18, 1958; Protests or petitions to intervene may 8:54 a. m.] Northwest Airlines, Inc. for amendment of its certificate of public convenience be filed with the Federal Power Com and necessity to engage in air trans mission, Washington 25, D. C., in ac portation between the Pacific Northwest- cordance with the rules of practice and [Docket No. 12326; FCC 58M-392] and Honolulu. procedure (18 CFR 1.8 or 1.10) on or Notice is hereby given that a prehear before May 5, 1958. Failure of any H a r d in C o u n t y B roadcasting C o . ing conference in the above-entitled case party to appear at and participate in ORDER CONTINUING HEARING AND SCHED is assigned to be held on May 1, 1958, at the hearing shall be construed as a ULING FURTHER PREHEARING CONFERENCE 10:00 a. m., e. d. t., in Room E-210, Tem waiver of and concurrence in omission porary Building NO. 5, 16th Street and herein of the intermediate decision pro In re application of Harvard C. Bailes Constitution Avenue NW., Washington, cedure in cases where a request there and Val D. Hickman d/b as The Hardin D. C., before Examiner Ferdinand D. for is made. County Broadcasting Company, Silsbee, Moran, v Texas; Docket No. 12326, File No. [ s e a l ] J o s e ph H . G u t r id e , BP-11166; for construction permit. Dated at Washington, D. C., April Secretary. Pursuant to a pre-hearing conference 14,1958. [F. R. Doc. 58-2898; Filed, Apr. 18, 1958; 8:49 arm .] held this date and with the concurrence [ s e a l ] * F r a n c is W. B r o w n , of all counsel in the above-entitled pro Chief Examiner. ceeding: I t is ordered, This 15th day of [F. R. Doc. 58-2889; Filed, Apr. 18, 1958; April 1958, that the hearing herein now [Docket No. 9291, etc.] scheduled for April 30, 1958, be, and the 8:47 a. m.j same is hereby, continued without date S in c l a ir O il & G as C o . e t a l . and a further pre-hearing conference ORDElt' CONSOLIDATING PROCEEDINGS will be held on May 14,1958, at 10 o’clock FEDERAL POWER COMMISSION A p r il 15, 1958. a. m., in the Commission’s offices, Wash [Docket No. G-2651 ] ington, D. C. In the matters of Sinclair Oil & Gas G l e n R ose G a s o l in e C o . | Company, Docket Nos. G-9291, G-9292; Released; April 16,1958. n o t ic e o f application and date o f Sinclair Oil & Gas Company et al., F ederal C ommunications HEARING Docket Nos. G-9716, G-9717, G-9718, C o m m is s io n , G-10011, G-10293, G-11343, G-11344, A p r il 15, 1958. G-11345, G-13500, G-13507, G-13773, [ s e a l ] M a r y J a n e M o r r is, Take notice that Glen Rose Gasoline G-13981, G-14056, G-14060 and G-14105. Secretary. Company (Applicant), a Delaware cor On March 17, 1958, Sinclair Oil & Gas [F. R. Doc. 58-2940; Filed, Apr. 18, 1958; poration with its principal place of busi Company (Sinclair) filed a motion with 8:54 a. m.j ness at Shreveport, Louisiana, filed on the Commission requesting the con- Saturday, April 19, 1958 FEDERAL REGISTER 2625 solidation of certain docketed proceed ration with its principal place of busi contested hearing, dispose of the pro ings additional to those previously con ness in Clarksburg, West Virginia, and ceedings pursuant to the provisions of solidated for purposes of hearing in the Equitable Gas Company (Equitable), a § 1.30 (c) (1) or (2) of the Commission’s above-designated proceedings. The mo Pennsylvania corporation, with its prin rules of practice and procedure. Under tion sêeks the consolidation on the cipal place of business in Pittsburgh, the procedure herein provided for, un ground that all pending proceedings Pennsylvania, hereinafter referred to less otherwise advised, it will be unnec presently subject to refund or suspended collectively as “Applicants,” filed com essary for Applicants to appear or be for those sales which were being made panion applications in Docket Nos. G - represented at the hearing. by Sinclair during 1955, the test year 14780 and G-14781, respectively, for Protests or petitions to intervene may used by the staff herein, might con certificates of public convenience and be filed with the Federal Power Commis veniently be heard and considered at necessity, pursuant to section 7 of the sion, Washington 25, D. C., in accordance the same time. The dockets sought to Natural Gas Act, authorizing the short with the rules of practice and procedure be consolidated are: Nos. 13500, G-13507 term sale and delivery of natural gas on (18 CFR 1.8 or 1.13) on or before May (except insofar as pertains to Rate an exchange basis, as hereinafter de 9, 1958. Failure of any party to appear Schedule No. 107), G-13773, G-13981 scribed, subject to the jurisdiction of the at and participate in the hearing shall (except insofar as pertains to Rate Commission, all as more fully repre be construed as waiver of and concur Schedule No. 83), G-14056, G-14060 sented in the respective applications rence in omission herein of the inter (except insofar as pertains to Rate which are on file with the Commission mediate decision procedure in cases Schedule No. 92), and G-14105. and open to public inspection. where a request therefor is made. Some of the dockets sought to be con Equitable seeks authority to sell and [ s e a l ] J o s e ph H. G u t r id e , solidated (i. e., G-13500, 0-13507, G - deliver up to 1,530,000 Mcf (14.73 psia) Secretary. - 14105) concern sales made pursuant to of natural gas to Hope through an exist rate schedules similar to those pre ing interconnection 6f facilities in [F. R. Doc. 58-2900; Filed, Apr. 18, 1958; viously consolidated in Docket Nos. G - Marion County, West Virginia, during 8:50 a.m .] 11343, G-11344,, and G-11345, and per the period of June 1, 1958, to October 31, tain to sales of gas made for part of the 1958. year 1955 by American Republics Cor Hope seeks authority to sell and deliver poration. up to 1,530,000 Mcf (14.73 psia) of [Docket No. G-14858] No objection has been received relative natural gas to Equitable through an M o n s a n t o C h e m ic a l C o . to this motion to consolidate filed by existing interconnection in Lewis County, Sinclair on March 17, 1958. West Virginia, during the period No ORDER FOR HEARING AND SUSPENDING The Commission finds: It is appro vember 1, 1958, to March 31, 1959. PROPOSED CHANGE IN RATES priate in the public interest and neces The companion applications state that sary tq aid in the administration of the during warm weather Equitable usually A p r il 15,1958. Natural Gas Act and good cause exists- has an excess of gas, whereas in cold Monsanto Chemical Company (Mon to consolidate the proceedings in Docket weather it usually requires more gas than santo) on March 21, 1958, tendered for Nos. G-13500, G-13507 (except insofar as is normally available to it. By selling the filing a proposed change in its presently pertains to Rate Schedule No. 107), G - excess to Hope in warm weather and pur effective rate schedule for sales of nat 13773, G-13981 (except insofar as per chasing equivalent volumes in cold ural gas subject to the jurisdiction of tains to Rate Schedule No. 83), G-14056, feather, Equitable states that it will be the Commission. The proposed change, G-14060 (except insofar as pertains to able to maintain a higher deliverability which constitutes an increased rate and Rate Schedule No. 92), and G-14105, from its storage fields than it normally charge, is contained in the following with the aforesaid captioned dockets. could, and -thus meet deficiencies that designated filing: The Commission orders: would otherwise occur in the latter part Description: Notice of Change, undated. (A) The proceedings in Docket Nos. of the winter. Hope states that it is able Purchaser: Consolidated Gas Utilities G-13500, G-13507 (except insofar as per to absorb Equitable’s excess gas in the Corporation. tains to Rate Schedule No. 107), G - warm period through use of its more Rate schedule designation: Supplement 13773, G-13981 (except insofar as per extensive storage facilities and possible No. 1 to Monsanto’s FPC Gas Rate Schedule tains to Rate Schedule No. 83), G-14056, No. 17. cutbacks on its local production and pur Effective date: April 21, 1958 (effective G-14060 (except insofar as pertains to chases, if necessary. Thus, the appli date is the first day after expiration of the Rate Schedule No. 92), and G-14105, are cations state, Equitable will be able to required thirty days’ notice). hereby consolidated for the purposes of make use of Hope’s facilities and Hope, hearing with the proceedings heretofore in turn, benefits through its cold weather In support of the proposed favored- consolidated; such consolidation shall sales to Equitable. nation rate increase, Monsanto merely not affect or modify any procedures for Concurrently with the companion ap cites the contract provision therefor and presentation of evidence heretofore pre plications, Equitable filed its Rate submits a copy of a letter from Consol scribed in these consolidated proceedings. Schedule S -I and a service agreement idated Gas Utilities Corporation agree (B) The date for further hearing in thereunder, and Hope filed a service ing to pay the increased price subject to the previously consolidated dockets and agreement with Equitable for service the Commission’s approval. those hereby consolidated shall be set under its existing Rate Schedule H-1B, The increased rate and charge so pro by notice from the Secretary of the covering the proposed services.,. posed has not been shown to be justified, Commission. These related matters should be heard and may be unjust, unreasonable, unduly discriminatory, or preferential, or By the Cominission. on a consolidated record and disposed of as promptly as possible under the appli otherwise unlawful. [seal] J o s e ph H. G u t r id e , cable rules and regulations and to that The Commission finds : It is necessary Secretary. end: and proper in the public interest and to aid in the enforcement of the provisions [F. R. Doc. 58-2899; Filed, Apr. 18, 1958; Take further notice that, pursuant to 8:50 a.m .} the authority contained in and subject of the Natural Gas Act that the Commis to the jurisdiction conferred upon the sion enter upon a hearing concerning Federal Power Commission by sections the lawfulness of the said proposed 7 and 15 of the Natural Gas Act, and change, and that Supplement No., 1 to [Docket Nos. 0-14780, G-14781] the Commission’s rules of practice and Monsanto’s FPC Gas Rate Schedule No. 17 be suspended and the use thereof de Hope N a t u r a l G as Co. a n d E q u it a b l e procedure, a hearing will be held on May 15, 1958,-at 9:30 a. m., e. d. s. t., in ferred as hereinafter ordered. G as Co. The Commission orders: a Hearing Room of the Federal Power (A ) Pursuant to the authority of the notice d p applications a n d date o p Commission, 441 G Street NW., Wash HEARING Natural Gas Act, particularly sections 4 ington, D. C., concerning the matters and 15 thereof, the Commission’s rules A p r il 15, 1958. involved in and the issues presented by of practice and procedure, and the regu Take notice that Hope Natural Gas such applications: Provided, however, lations under the Natural Gas Act (18 Company (Hope), a West Virginia corpo That the Commission may, after a non CFR, Ch. I ) , a public hearing be held 2626 NOTICES upon a date to be fixed by notice from the The increased rate and charge so pro In support of the proposed two-step Secretary concerning the lawfulness of posed has not been shown to be justified, periodic rate increase, Sinclair cites the the proposed increased rate and charge and may be unjust, unreasonable, un contract provisions and The Texas Com contained in Supplement No. 1 to Mon duly discriminatory, or preferential, or pany’s proposed increase to 16.4 cents santo’s PPC Gas Rate Schedule No. 17. otherwise unlawful. per Mcf for its portion of the gas. Sin (B) Pending such hearing and deci The Commission finds: It is necessary clair also states that the increased price sion thereon, said supplement be and it and proper in the public interest and to will not result in an excessive rate of is hereby suspended and the use thereof aid in the enforcement of the provisions return to applicant: deferred until September 21, 1958, and of the Natural Gas Act that the Com The increased rate and charge so pro until such further time as it is made mission enter upon a hearing concern posed has not been shown to be justified, effective in the manner prescribed by the ing the lawfulness of the said proposed and may be unjust, unreasonable, unduly Natural Gas Act. change, and that Supplement Nos. 3, 4 discriminatory, or preferential, or other (C) Neither the supplement hereby and 5 to Cox’s FPC Gas Rate Schedule wise unlawful. suspended, nor the rate schedule sought No. 4 be suspended and the use thereof The Commission finds: It is necessary to be altered thereby, shall be changed deferred as hereinafter ordered. and proper in the public interest and to until this proceeding has been disposed The Commission orders: aid in the enforcement of the provisions of or until the period of suspension has (A ) Pursuant' to the authority of the of the Natural Gas Act that the Com expired, unless otherwise ordered by the Natural Gas Act, particularly sections 4 mission enter upon a hearing concern Commission. and 15 thereof, the Commission’s rules ing the lawfulness of the said proposed (D) Interested State commissions may of practice and procedure, and the regu change, and that Supplement ''No. 2 to participate as provided by §§ 1.8 and 1.37 lations under the Natural Gas Act (18 Sinclair’s FPC Gas Rate Schedule No. (f ) of the Commission’s rules of practice CFR Ch. I>r a public hearing be held 139 be suspended and the use thereof and procedure (18 CFR 1.8 and 1.37 (f) ). upon a date to be fixed by notice from deferred as hereinafter ordered. the Secretary concerning the lawful The Commission orders: By the Commission (Commissioner ness of the proposed increased rate and (A ) Pursuant to the authority of the Kline dissenting). charge contained in Supplement Nos. 3, Natural Gas Act, particularly sections [ seal] Joseph H. O utride, 4 and 5 to Cox’s FPC Gas Rate' Schedule 4 and 15 thereof, the Commission’s rules Secretary. No. 4. of practice and procedure, and the regu lations under the Natural Gas Act (18 [F. R. Doc. 58-2901; Filed, Apr. 18, 1958; (B) Pending such hearing and deci 8:50 a. m.] sion thereon, said supplements be and CFR Ch. I), a public hearing be held they are each hereby suspended and upon a date to be fixed by notice from the use thereof deferred until Septem the Secretary concerning the lawfulness ber 21, 1958, and until such further time of the proposed increased rate and [Docket No. G-14859] as they are made effective in the manner charge Contained in Supplement No. 2 to prescribed by the Natural Gas Act. Sinclair’s FFC Gas Rate Schedule No. E d w in L. Cox et a l . (C) Neither the supplements hereby 139. ORDER FOR HEARING AND SUSPENDING suspended, nor the rate schedule sought (B) Pending such hearing and deci PROPOSED CHANGE IN RATES to be altered thereby, shall be changed sion thereon, said supplement be and it until this proceeding has been disposed is hereby suspended and the use thereof A p r il 15, 1958. of or until the periods of suspension have deferred until September 21, 1958, and Edwin L. Cox (Operator), et al. (Cox), expired, unless otherwise ordered by the until such further time as it is made on March 21, 1958, tendered for filing a Commission. effective in the manner prescribed by proposed change in his. presently effec (D) Interested State, commissions the Natural Gas Act. tive rate schedule for sales of natural gas may participate as provided by §§1.8 (C) Neither the supplement hereby subject to the jurisdiction of the Com and 1.37 (f) of the Commission’s rules suspended, nor theTate schedule sought mission. The proposed change, which of practice and procedure (18 CFR 1.8 to be altered thereby, shall be changed constitutes an increased rate and charge, and 1.37 (f)). until this proceeding has been disposed is contained in the following designated of or until the period of suspension has filings : By the Commission. expired, unless otherwise ordered by the Description: (1) Supplemental Agreement,1 [ seal! J oseph R . G u trid e , Commission. dated March 1, 1958. (2) Supplemental Secretary. (D) Interested State Commissions Agreement,1 dated March 1, 1958. (3) Notice [F. R. Doc. 58-2902; Filed, Apr. 18, 1858; may participate as provided by §§ 1.8 of Change, dated March 17, 1958. 8:50 a. m.] and 1.37 (f) of the Commission’s rules of Purchaser: Northern Natural Gas Com practice and procedure (18 CFR 1.8 and pany. Rate schedule designation: (1) Supple 1.37 (f ) ). ment No. 3 to Cox’s FPC Gas Rate Schedule By the Commission (Commissioners [Docket No. G-14860] No. 4. (2) Supplemènt No. 4 to Cox’s FPC Digby and Kline dissenting). Gas Rate Schedule No. 4. (3) Supplement S in c l a ir O il & G as C o. No. 5 to Cox’s FPC Gas Rate Schedule No. 4. [ seal] J oseph H. G u trid e , Effective date: April 21, 1958 (effective order for hearing and suspending Secretary. date is the first day after expiration of the PROPOSED CHANGE IN RATES required thirty days’ notice). [F. R. Doc. 58-2903; Filed, Apr. 18, 1958; A p r il 15,1958. 8:50a.m.] : In support of the proposed renegoti Sinclair Oil & Gas Company (Sinclair) ated rate increase, Cox cites the supple on March 21, 1958, tendered for filing a mental agreements providing for the proposed change in its presently effective SECURITIES AND EXCHANGE increased price, and contends that the rate schedule for sales of natural gas COMMISSION initial price was dictated to sellers by subject to the jurisdiction of the Com buyer because of sellers’ very small re mission. The proposed change, which . [File No. 24SF-2410] serves in the field. Cox states addition constitutes an increased rate and charge, S aleso log y, I n c . ally that the 12.0 cents per Mcf rate es is contained in the following designated tablished by arbitration is a fair, just filing: order changing date of hearing and reasonable price, and suspension of the increased rate would deprive seller Description: Notice of Change, dated A p r il 15, 1958. of his contractual rights since the small March 14, 1958. The Commission by order dated April amounts involved would not justify Purchaser: Natural Gas Pipeline Company 7, 1958, having ordered a hearing in the of America. above entitled matter pursuant to sec preparation of the type of cost support Rate schedule designation: Supplement required by the Commission. No. 2 to Sinclair’s FPC Gas Rate Schedule tion 3 (b) of the Securities Act of 1933, No. 139. as amended, and Rule 261 thereunder 1 Parties agree to renegotiated increase in Effective date: April 21, 1958 (effective date and said hearing being now scheduled to base rate from 9.8262 cents to 12.0 cents per Is the first day after expiration of the re commence on May 13,1958 at 10:00 a. m., Mcf. quired thirty days’ notice). in the Grand Jury Room, Third Floor, Saturday, April 19, 1958 FEDERAL REGISTER 2627 U. S. Courthouse, 230 North First Avenue, HOUSING AND HOME (b) (1) of the Small Business Act of Phoenix, Arizona, and 1953, as amended, if such action is neces Counsel for Salesology, Inc. and for FINANCE AGENCY sary during any period when the Admin the Division of Corporation Finance Public Housing Administration istrator is in leave or travel status. having agreed that the hearing date be 7. To take all necessary actions in con changed to May 5, 1958, S ecretary to D irector o f O ffic e nection with the servicing, administra It is ordered, That the hearing sched S ervices B ranch tion, collection, and liquidation of par uled to commence on May 13,1958 be and DELEGATIONS OF FINAL AUTHORITY tially or fully disbursed loans, other hereby is changed to commence May 5, obligations and acquired property but is 1958, at 10:00 a. m., in the Grand ¿Fury Section II, Delegations of Final Au not authorized: Room, Third Floor, U. S. Courthouse^ thority, is amended as follows: Effective a. To sell any primary obligation or 230 North First Avenue, Phoenix, Ari February 4, 1958, paragraph E6 is other evidence of indebtedness owed to zona, and to continue thereafter at such amended by adding to the. list of Central the Agency for a sum less than the total time and place as the hearing officer Office officials designated therein the amount due thereon. ' may determine. “ Secretary to the Director of the Office b. To accept , or reject a compromise Services Branch.” By the Commission. settlement of an indebtedness owed to Date approved: April 11, 1958. the Agency for a sum less than the total [SEAL] ORVAL L. DUBOIS, amount due thereon. Secretary. Charles E. S lu sser, c. To exercise any rights under the [P. R. Doc. 58-2908; Piled, Apr. 18, 1958; Commissioner. “Management Agreement” clause of a 8:51 a. m.] [F. R. Doc. 58-2907; Filed, Apr. 18, 1958; Loan Agreement. 8:51 a. m.] d. To deny liability of the Small Busi ness Administration under the terms of [Pile No. 1-130] a participation agreement, or the asser tion of a claim for recovery from a par P aram o unt M otors C orp. SMALL BUSINESS ADMINISTRA TION ticipating bank under any alleged viola NOTICE OP APPLICATION TO STRIKE FROM tion of a participation agreement. LISTING AND REGISTRATION, AND OF OP [Delegation of Authority 10 (Rev. 3) ] 8. To authorize or approve his (a) PORTUNITY FOR HEARING personal travel and (b) the travel of D e p u t y A dministrator for F in a n c ia l A p r il 14,1958. Washington Office employees under his A ssistance supervision, except travel when actual In the matter of Paramount Motors DELEGATION OF AUTHORITY RELATING TO subsistence expenses are requested. Corporation, capital stock; File No. 1-130. FINANCIAL ASSISTANCE 9. To approve (a) sick and annual leave, (b) leave without pay not in excess American stock exchange has made 1. Pursuant to the authority vested in of 30 days, and (c) overtime work for application, pursuant to section. 12 (d) the Administrator by the Small Business employees under his supervision. of the Securities Exchange Act of. 1934 Act of 1953, as amended, 67 Stat. 232, 15 and Rule X-12D2-1 (b) promulgated U. S. C. 631 (Supp. n , 1952), as amended, 10. To authorize expenditures for reg thereunder, to strike the above named 69 Stat. 547, 15 U. S. C. 631 (Supp. Ill, istration fees not in excess of $25.00 for security from listing and registration 1952), Reorganization Plan No. 2 of 1954, each registration. thereon. dated April 29, 1954, effective June 30, B. Correspondence. To sign all corre The reasons alleged in the application 1954 (83d Cong., 2d Sess.), relating to spondence, except correspondence ad? for striking this security from listing the transfèr of functions from the Re dressed to Members of Congress, relating and registration include the following: construction Finance Corporation to the to the financial assistance program. Of the 259,110 total shares, 108,741 are Small Business Administration in con 11. The specific authority delegated in stated to be held in the company’s treas nection with loans made by said Recon subsection I. A. 6. may not be redelegated. ury and 144,195 are stated to be owned struction Finance Corporation to victims in. All authority delegated herein by 5 individuals affiliated with the com of floods or other catastrophés, Reorgan may be exercised by any SBA employe^ pany’s management, leaving only 6,174 ization Plan No. 1 of 1957, dated April designated as Acting Deputy Adminis shares publicly held and making inadvis 29, 1957, effective June 30, 1957 (85th trator for Financial Assistance. able further dealings therein on the Cong., 1st Sess.), and the Memorandum IV. All previous authority delegated Exchange. of Understanding, dated October 19, by the Administrator to the Deputy Ad Upon receipt of a request, on or before 1956, as amended, between the Secretary ministrator for Financial Assistance April 30, 1958, from any interested per of the Interior and the Administrator of (Delegation of Authority No. 10 (Revi son for a hearing in regardJfco terms to. the Small Business Administration (pur sion 2) as amended, 22 F. R. 9846, 23 be iinposed upon the delisting of this suant to section 4 of the Fish & Wildlife F. R. 280) is hereby rescinded without security, the Commission will détermine Act of 1956, 70 Stat. 1119, 1121), relating prejudice to actions taken under all such whether to set the matter down for to the operation of the Fisheries Loan delegations prior to the date hereof. hearing. Such request should state Fund, there is hereby delegated to the Dated: April 1, 1958. briefly the nature of the interest of the Deputy Administrator for Financial As Person requesting the hearing and the sistance the authority: W endell B. B arnes, position he proposes to take at the hear A. Specific. 1. To approve or decline Administrator. ing with respect to imposition of terms, business and disaster loan applications, [F. R. Doc. 58-2910; Filed, Apr. 18, 1958; ■in addition, any interested person may and to execute authorizations and modi 8:52 a. m.] submit his views or any additional facts fications pertaining to such loans. bearing on this application by means of 2. To approve amendments of loan «letter addressed to the Secretary of the authorizations in loans that: (a) have, Securities and Exchange Commission, or (b) have not been fully disbursed. [Delegation of Authority 10-1 (Rev. 2)] Washington 25, D. C. I f no one requests 3. To determine eligibility of loan ap D irector, O ffic e of F in a n c ia l on this matter, this application plicants within the framework of prior A ssista nc e win be determined by order of the Com determinations. mission on the basis of the facts stated 4. To accept for processing disaster DELEGATION OF AUTHORITY RELATING TO n tne application and other information loan applications received after expira . FINANCIAL ASSISTANCE contained in the official file of the Com- tion of the six months disaster period. I. Pursuant to the authority vested in «nssion pertaining to the matter. 5. To approve or decline deferment the Deputy Administrator for Financial Ey the Commission. until final maturity of a loan any install Assistance by the Administrator by Dele ment of principal due on such loan gation of Authority No. 10 (Revision 3), tSEAL] o r v a l L. D uB o is, within one month of final disbursement dated April 1, 1958, there is hereby re Secretary. of such loan. delegated to the Director, Office of tF- R. Doc. 58-2909; Piled. Apr. 18, 1958r 6. To déclare disaster areas in order Financial Assistance the following 8:57 a. m .} to carry out the provisions of section 207 authority: „ * No. 78------7 2628 NOTICES A. Specific. 1. To approve or decline [Delegation of Authority 10-6 (Rev. 1) 1 III. All authority delegated herein may be exercised by any SBA employee business and disaster loan applications, . C h ie f , L o a n S e r v ic in g D iv is io n and to execute authorizations and modi designated as Acting Chief, Loan Serv fications pertaining to such loans. DELEGATION OF AUTHORITY RELATING TO icing Division. 2. To approve amendments of loan au FINANCIAL ASSISTANCE IV. All previous authority delegated to thorizations for loans that: (a) have, or the Chief, Loan Servicing Division (Del (b) have not been fully disbursed. 1. Pursuant to the authority dele egation of Authority No. 10-6, 22 F. R. 3. To determine eligibility of loan ap gated to the Director, Office of Financial 9849), is hereby rescinded without preju plicants, within the framework of prior Assistance, by Delegation of Authority dice to actions taken under all such determinations. No. 10-1, Revision 2 dated April 1, 1958, delegations prior to the date hereof. there is hereby redelegated to the Chief, 4. To accept for processing disaster Dated: April 1,1958. loan applications received after expira Loan Servicing Division, the following tion of the six months disaster period. authority: J o h n R. K e e n e r , 5. To approve or decline deferment A. Specific. 1. To approve amend Director, until final maturity of a loan any install ments of loan authorizations for loans Office of Financial Assistance. ment of principal due on such loan that have been fully disbursed. [F. R. Doc. 58-2912; Filed, Apr. 18, 1958; within one month of final disbursement 2. To take all necessary actions in 8:52 a. m.] connection with the servicing, adminis of such loan. 6. To take all necessary actions in con tration, collection and liquidation of par nection with the servicing, administra tially or fully disbursed loans, other ob tion, collection, and liquidation of par ligations and acquired property but is [ Delegation of Authority 30-V -ll ] tially or fully disbursed loans, other not authorized: a. To sell any primary obligation or M anag er , D isaster F ie ld O f f ic e , obligations and acquired property but is J a c k s o n , M is s . not authorized: other evidence of indebtedness owed to a. To sell any primary obligation or the Agency for a sum less than the total DELEGATION OF AUTHORITY RELATING TO other evidence of indebtedness owed to amount due thereon. FINANCIAL ASSISTANCE FUNCTIONS b. To accept or reject a compromise the Agency for a sum less than the total I. Pursuant to the authority delegated settlement of an indebtedness owed to amount due thereon. to the Regional Director by Delegation the Agency for a sum less than the total b. To accept or reject a compromise No. 30 (Revision 4),'as amended (22 settlement of an indebtedness owed to amount due thereon. c. To exercise any rights under the F. R. 5811, 8197, 23 F. R. 557, 1768), the Agency for a sum less than the total there is hereby delegated to the Manager “Management Agreement” clause of a amount due thereon. of the Disaster Loan Office, Jackson, c. To exercise any rights under the Loan Agreement. d. To deny liability of the Small Busi Mississippi, the following authority: “ Management Agreement” clause of a A. Specific. 1. To approve or decline Loan Agreement. ness Administration under the terms of a participation agreement, or the as disaster loans in an amount not exceed d. To deny liability of the Small Busi ing $50,000. ness Administration under the terms of sertion of a claim for recovery from a participating bank under any alleged B. Correspondence. 1. To sign all a participation agreement, or the asser non-policy making correspondence, ex violation of a participation agreement. tion of a claim for recovery from a par cept Congressional correspondence, re e. To approve or decline deferment ticipating bank under any alleged viola lating to the functions of the Disaster until final maturity of a loan any in tion of a participation agreement. Field Office. - 7. To authorize or approve his (a) stallment of principal due on sufch loan within one month of final disbursement II. The authority delegated herein personal travel and (b) the travel of may not be redelegated. Washington Office employees under his of such loan. f. To release insurance funds repre tit. All authority delegated herein supervision, except travel when actual may be exercised by any SBA employee subsistence expenses are requested. senting loss or damage to property se curing an indebtedness owed to SBA: designated as Acting Manager of the 8. To approve (a) sick and annual Disaster Field Office. leave, (b) leave without pay not in excess Provided however, That the Chief, Loan Servicing Division, may release such in IV. All previous authority delegated of 30 days, and (c) overtime worlsx for to the Manager of the Jackson, Missis employees under his supervision. surance funds if the proceeds are to be used to repair or replace the property sippi, Disaster Field Office is hereby re 9. To authorize expenditures for regis scinded^ without prejudice to actions tration fees not in excess of $25.00 for securing an indebtedness or are applied on the indebtedness. taken under all such delegations of au each registration. thority prior to the date hereof. B. Correspondence. To sign all non g. To designate proxies to vote at policy making correspondence, except stockholders’ meeting with respect to Dated: March24,1958. stock held as collateral and to deter Congressional correspondence, relating J am es F. H ollingsworth , to the functions of the Office of Financial mine the manner in which such stock Regional Director, Assistance. shall be voted. Region V. II. The specific authority delegated in h. To approve the purchase of SBA’s agreed portion of a participation loan. [F. R. Doc. 58-2913; Filed, Apr. 18, 1958; subsections I. A. 7 and 8 (b) and (c ), and 8:52 a, m.] 9 may not be redelegated. i. To approve repurchase of an RFC III. All authority - delegated herein loan sold under repurchase agreement. may be exercised by any SBA employee j. To approve a sale to a financial in stitution of SBA’s portion of a partici designated as Acting Director, Office of [Declaration of Disaster Area 183] Financial Assistance. pation loan. IV. All previous authority delegated by k. sTo approve chargeoff of sums ex C a l if o r n ia ceeding $10,000 owed to SBA. the Deputy Administrator for Financial declaration o f disaster area Assistance to the Director, Office of Fi l. To approve acceleration of maturity Whereas, it has been reported that nancial Assistance (Delegation of Au o f a note evidencing an indebtedness, during the months of February, March thority No. 10-1 (Revision 1) 22 F. R. and suit against debtors, guarantors 9847, 23 F. R. 280), is hereby rescinded and/or endorsers, when the amount of and April, 1958, because of the effects of without prejudice to actions taken under such indebtedness exceeds $25,000. certain disasters, damage resulted to res idences and business property located in all such delegations prior to the date 3. To approve sick and annual leave certain areas in the State of California; hereof. for employees under his supervision. B. Correspondence. To sign non Whereas, the Small Business Adm inis Dated: April 1,1958. policy making correspondence, except tration has investigated and has received A lbert C. K e l l y , Congressional correspondence, relating other reports of investigations of condi Deputy Administrator for W to the functions of the Loan Servicing tions in the areas affected ; Financial Assistance. Division. Whereas, after reading and evaluating [F. R. DOC. 58-2911; Filed, Apr. 18, 1958; II. The specific authority delegatedreports of such conditions, I find that 8:52 a. m.] herein may not be redelegated. the conditions in such areas constitute a Saturday, April 19, 1958 FEDERAL REGISTER 2629 catastrophe within the purview of the 2. No special field offices will be estab of the institution of an investigation Small Business Act of 1953, as amended; lished at this time. under section 7 of the Trade Agreements Now, therefore, as Administrator of 3. Applications for disaster loans Extension Act of 1951, as amended, and the Small Business Administration, I under the authority of this Declaration section 332 of the Tariff Act of 1930, with hereby determine that: will not be accepted subsequent to respect to Wilton and velvet floor cover 1. Applications for disaster loans un October 31, 1958. ings classifiable under paragraph 1117 der the provisions of section 207 (b) (1) Dated: April 9, 1958. (a) of the Tariff Act of 1930 and sched of the Small Business Act of 1953, as uled a public hearing in connection amended, may be received and consid W e n d e l l B . B a r n e s , therewith for June 10, 1958 (23 F. R. ered by the Office below indicated from Administrator. 730; February 6, 1958, issue of Treasury persons or firms whose property situated [F. R. Doc. 58-2915; Filed, Apr. 18, 1958; Decisions). The investigation was in rin the following Counties (including any 8:52 a. m.] stituted upon application of the Carpet areas adjacent to said Counties) suffered Institute, Inc., New York, N. Y. damage or other destructi6n as a result On April 15, 1958, applicants filed an of the catastrophe hereinafter referred amendment of the application to^ reflect to; [Declaration of Disaster Area 185] a change of name of applicants from “Carpet Institute, Inc.,” to “ American Counties: Los Angeles and Ventura (heavy I l l in o is rainfall commencing on or about Feb. 24 and Carpet Institute, Inc.” and to extend the flooding commencing during the week of DECLARATION OF DISASTER AREA original application to cover all floor cov Mar. 31,1958). Whereas, it has been reported that erings provided for in paragraph 1117 Office: Small Business Administration Re (a) of the Tariff Act of 1930, except Ax- gional Office, Ohrbach Building, 312 West during the month April 1958, because of Fifth Street, Los Angeles 13, Calif. the effects of certain disasters, damage minster carpets, rugs, and mats, and resulted to residences and business prop carpets, rugs, and mats like in character 2. No special field offices will be estab erty located in certain areas in the State or description to Axminsters. On April lished at this time. of Illinois; 16, 1958, the Tariff Commission accepted 3. Applications for disaster loans un Whereas, the Small Business Admin the amendment and broadened Investi der the authority of this Declaration will istration has investigated and has re gation No. 67 so that its purposes will be not be accepted subsequent to October ceived other reports of investigations of to determine whether Wilton carpets, 31,1958. conditions in the areas affected; rugs* and mats; Brussels carpets, rugs, Dated: April 7,1958. , Whereas, after reading and evaluating and mats; velvet or tapestry carpets, reports of such conditions, I find that rugs, and mats; and carpets, rugs, and W e n d e l l B . B a r n e s , the conditions in such areas constitute mats of like character and description; Administrator. a catastrophe within the purview of the all the foregoing classifiable under para [F. R. Doc. 58-2914; Filed, ApfT 18, 1958; Small Business Act of 1953, as amended; graph 1117 (a) of the Tariff Act of 1930, 8:52 a. m.] Now, therefore, as Administrator of are, as a result in whole or in part of the the Small Business Administration, I duty or other customs treatment reflect hereby determine that: ing concessions granted thereon under tr Applications for disaster loans un the General Agreement on Tariffs and [Declaration of Disaster Area 184] der the provisions of section 207 (b) (1) Trade, being imported into the United States in such increased quantities either C a l if o r n ia of the Small Business Act of 1953, as amended, may be received and consid actual or relative, as to cause or threaten declaration o f disaster area ered by the Offices .below indicated from serious injury to the domestic industry Whereas, it has been reported that persons or firms whose property situated producing like or directly competitive during the months of February, March in the following Counties (including any products. and April, 1958, because of the effects of areas adjacent to said Counties) suffered T )ate of hearing nqt changed. The certain disasters, damage resulted to damage or other destruction as a result public hearing set for June 10, 1958, will residences and business property located of the catastrophe hereinafter referred be held as scheduled, but appropriately m certain areas in the State of to: broadened in scope in view of the broad California; ened investigation. The hearing will Counties: Clinton and Franklin (tornadoes begin on the specified date at 10 a. m., Whereas, the Small Business Admin occurring on or about AprU 5, 1958). istration has investigated and has re Offices: Small Business Administration Re e. d. s. t., in the Hearing Room, Tariff ceived other reports of investigations of gional Office, Home Savings Building, Fifth Commission Building, Eighth and E conditions in the areas affected; Floor, 1006 Grand Avenue, Kansas City 6, .Streets NW., Washington, D. C. Inter Whereas; after reading and evaluating Mo. SmaU Business Administration Branch ested parties desiring to appear and to be reports of such conditions, I find that the Office, 630 New Federal Building, 1114 Market heard at the hearing should notify the Street, St. Louis 1, Mo. conditions in such areas constitute a. Secretary of the Commission, in writing, catastrophe within the purview of the 2. No special field offices will be estab at least three days in advance, of the date ©mall Business Act of 1953, as amended; lished at this time. set for the hearing. Parties who have Now, therefore, as Administrator of 3. Applications for disaster loans un heretofore entered an appearance need he Small Business Administration, I der the authority of this Declaration will not reenter an appearance because of the hereby determine that; not be accepted subsequent to October broadened investigation. Inspection of application as amended. < Applications for disaster loans 31, 1958. under the provisions of ^section 207 (b) The original application filed in this case Dated: April 10,1958. and the amendment filed April 15, 1958, nm Small Business Act of 1953, as are available for public inspection at the Pr ^ may ke received and consid- W e n d e l l B . B a r n e s , ed by the Office .below indicated from Administrator. office of the Secretary, United States Tariff Commission, Eighth and E Streets in or ®rms whose property situated [F. R. Doc. 58-2916r'Filed, Apr. 18, 1958; NW., Washington, D. C., and at the New aro 6 *?^°wing Counties (including any 8:53 a. m.] York office of the Tariff Commission lo as ac^acent to said Counties) suffered cated fn Room 437 of the Custom House, nf tvfge or ° ^ er destruction as a result where they may be read and copied by to* 6 catastr°Phe hereinafter referred TARIFF COMMISSION persons interested. [Investigation. 67] Issued: April 16,1958. Sa^ ies: Contra Costa, San Joaquin, C e r t a in M a c h in e -W o v e n P i l e F lo o r tial rai 'ra’ ®an Mateo, and Marin (torren- By order of the Commission. and beginning on or about February 24 C o v e r in g s ods subsequently resulting therefrom). [ s e a l ] D o n n N . B e n t , b r o a d e n in g o f investigation einnarA«mal1 Business Administration Re- Secretary. Qaitf Ce’ Davis Street, San Francisco On January 30,1958, the United States [F. R. Doc. 58-2942; Filed, Apr. 18, 1958; Tariff Commission issued, public notice 8:54 a. m .] 2630 NOTICES The following learner certificates were DEPARTMENT OF LABOR number of learners authorized are indi cated. Issued in Puerto Rico to the companies hereinafter named. The effective and Wage and Hour Division Blue Bell, Inc., Coalgate, Okla.; effective 4-14-58 to 10-13-58; 60 learners (m en’s and expiration dates, learner rates, occupa L ear ner E m p l o y m e n t C ertificates boys’ work pants). tions, learning periods, and the number ISSUANCE TO VARIOUS INDUSTRIES Standard Romper Co., Inc., Brunswick, or proportion of learners authorized to Maine; effective 4-4-58 to 10-3-58; 30 learn be employed, are as indicated. Notice is hereby given that pursuant ers (boys’ shirts, pants), Atlas Products Corp., P. O. B o x '141, Toa to section 14 of the Pair Labor Standards jg- standard Romper Co., Inc., 335 Forest Ave Alta, P. R.; effective 3-21-58 to 6-23-58; nue, Portland, Maine;; effective 4- 4-58 to Act of 1938 (52 Stat. 1060, as amended; authorizing the employment of 8 learners 10-3-58; 25 learners (children’s outer gar 29 U. S. C. 201 et seq.), the regulations on for normal labor turnover purposes, in the employment of learners (29 CFR Part m ents). occupation of machine stitching for a learn Sustan Garments, Inc., Winnsboro, La.; ing period of 480 hours at the rates of 55 522), and Administrative Order No. 414 effective 4-1-58 to 9-30-58; 35 learners, cents an hour for the first 240 hours and (16 P. R. 7367), the firms listed in this (sportswear and other odd outerwear). notice have been issued special certifi 64 cents an hour for the remaining 240 hours cates authorizing the employment of Hosiery Industry Learner Regulations (replacement certificate) (leather work (29 CFR 522.1 to 522.11, as amended, and gloves). learners at hourly wage rates lower than Barry Corp., 2328 Borinquen Avenue, the m inim um wage rates otherwise ap "29 CFR 522.40 to 522.43, as amended). Santurce, P. R.; effective 3-21-58 to 9-20-58; plicable under section 6 of the act. The Claussner Hosiery Co., Plant No. 2 Seam authorizing the employment of 20 learners effective and expiration dates, occupa less Div., 30th and Adams Street, Paducah, for plant expansion purposes in the occu tions, wage rates, number or proportion Ky.; effective 4-7-58 to 10-6-58; 20 learners pation of sewing machine operators, for a of learners, learning periods, and the for plant expansion purposes (seamless). learning period of 480 hours at the rates of principal product manufactured by the Lawler Hosiery Mills, Inc., 301 Bradley 55 cents an hour for the first 240 hours and employer for certificates issued under Street, Carrollton, Ga.; effective 4-2-58 to 64 cents an hour for the remaining 240 hours 4-1-59; 5 percent of the total number of (fabric gloves). general learner regulations (§§ 522.1 to factory production workers for normal labor The Carib Co., Inc., P. O. Box 277, Aibonito, 522.11) are as indicated below. Condi turnover purposes (seamless). P. R.; effective 3-21-58 to 11-21-58; author tions provided in certificates issued under Green N^ove Springs Hosiery Co., Inc., izing the employment of 15 learners for special industry regulations are as estab Green Cove Springs, Fla.; effective 4-26-58 to normal labor turnover purposes,' in the occu lished in these regulations! 4-25-59; 5 percent of the total number of pation of machine stitching and laying off Apparel Industry Learner Regulations factory production workers for normal labor of women’s gloves, for a learning period of (29 CFR 522.1 to 522.11, as amended, and turnover purposes (full-fashioned). 480 hours at the rates of 55 cents an hour Villa Rica Hosiery Mills, Villa Rica, Ga.; for the first 240 hours and 64 cents an hour 29 CFR 522.20 to 522.24, as amended). effective 4-18-58 to 4-17-59; 5 percent of the for the remaining 240 hours (replacement The following learner certificates were total! number of factory production workers certificate) (women’s gloves). issued authorizing the employment of for normal labor turnover purposes (seam Glamourette Fashion Mills, Inc., P. O. Box 10 percent of the total number of fac less). 737, Quebradillas, P. R.; effective 3-10-58 to tory production workers for normal labor 3-9-59; authorizing the employment of 13 Knitted Wear Industry Learner Regu turnover purposes. The effective and ex learners for normal labor turnover purposes, lations (29 CFR 522.1 to 522.11, as piration dates are indicated. in the occupations of (1) knitting, topping, amended, and 29 CFR 522.30 to 522.35, looping, for a learning period of 480 hours Niagara Apparel Co., Inc., 77 Swan Street, as amended). each, at the rates of 68 cents an hour for the Buffalo, N. Y.; effective 4-7-58 to 4-6-59 first 240 hours and 80 cents an hour for the (juniors’, boys’, and men’s woven and knit William Caplin Plant, Seamprufe, Inc., remaining 240 hours; (2) machine stitching, ted outerwear). Holdenville, Okla.; effective 4-7-58 to 4-6-59; pressing, hand sewing, finishers doing worfc Reliance Manufacturing Co., Adams & 5 percent of the. total number of factory pro involving hand sewing, for a learning period Commercial, Lebanon, Mo.; effective 4-7—58 duction workers for normal labor-turnover of 320 hours each, at the rates of 68 cents purposes (slips and lingerie). to 4-6-59 (overalls and dungarees). an hour for the first 160 hours and 80 cents Junior Form Lingerie Corp., Atkinson Way, Salant & Salant, Inc., South First Street, an hour for the remaining 160 hours; (3) Union City, Tenn.; effective 4-13-58 to 4- Boswell, Pa.; effective 4-1-58 to 3-31-59; 5 winders, for a learning period of 240 hours at 12-59 (boys’ and men’s cotton work pants). percent of the total number of factory pro the rate of 68 cents an hour (full-fashioned duction workers for normal labor turnover purposes (ladies'vunderwear, slips), sweaters). ' The following learner certificates were Jaress Corp., P. O. Box 2535, Rio Piedras, issued for normal labor turnover pur Junior Form Lingerie Corp., 428 Morris P. R.; effective 3-10-58 to 9-9-58; author poses. The effective and expiration Avenue, BosweU, Pa.; effective 4-26-58 to izing the employment of 30 learners for plant dates and the number of learners au 4-25-59; 5 percent of the total number of expansion purposes in the occupations of, thorized are indicated. factqry production workers for normal labor metal stamping; drilling and shearing, soft turnover purposes (ladies’ underwear, slips, soldering, silver brazing, quality control in Burlington Manufacturing Co., Concor nightgowns, panties). spectors, for a learning period of 480 horns dia, Mo.; effective 4-19-58 to 4-18-59; 10 Standard Romper Co., Inc., Building No. each, at the rates of 75 cents an hour for the learners (pants, shirts, Jackets). 7, 200 Conant Street, Pawtucket, R. I.; ef first 240 hours and 88 cents an hour for the Matawan Undergarment Co., Inc., 26 fective 4-1-58 to 9-30-58; 50 learners for remaining 240 hours (spare parts for air Wayne Street, Jersey City, N. J.; effective plant expansion purposes (children’s outer craft). garm ents). 4-13-58 to 4-12-59; eight learners (children’s Knitco, Inc., P. O. Box 99, Toa Alta, P. «•< underwear). effective 3-17-58 to 9-16-58; authorizing the Monroe Garment Co., Southerland Ave Shoe Industry Learner Regulations (29 CFR 522.1 to 522.11, as amended, and employment of 26 learners for plant ex nue, Monroe, N. C.; effective A—4-58 to 4 -3- pansion purposes in the occupations of (1) 59; 10 learners (men’s and boys’ cotton work 29 CFR 522,50 to 522.55, as amended). knitters, loopers, and toppers, for a learning shirts). Diaper Jeans, Inc., 315 West Chestnut period of 480 hours each, at the rates of 68 National Sportswear Co., 139 Main Street, Street, Denison, Tex.; effective 4-8-58 to cents an hour for the first 240 hours and 80 Reedsburg, Wis.; effective 4 4 -58 to 4-3-59; 4-7-59; five learners for normal labor turn scents an hour for the remaining 240 hours; 10 learners (blouses for women). over purposes (infants’ pre-walker shoes). (2) machine stitchers, menders, and pressers, Randy’s Sportswear, Inc., 316 West Chest for a learning period of 320 hours each, at the Regulations Applicable to the Employ rates of 68 cents an hour for the first 160 nut Street, Denison, 'i'ex.; effective 4-8—58 ment of Learners (29 CFR 522.1 to 522,11, hours and 80 cents an hour for the remaining to 4-7-59; 10 learners (infants’ and chil as amended). 160 hours (sweaters). dren’s wear). Marita Mills, Inc., P. O. Box 378, Toa Baja, Modern Embroidery Co., Salemburg, N. C.; Russell Williams Co., 418-28 West Mahanoy P. R.; effect!ve 3-13-58 to 3-12-59; author Avenue, Mahanoy, Pa.; effective 4 4-58 to effective 4-1-58 to 9-30-58; 20 learners for izing the employment of 10 learners for nor- 4-3-59; 10 learners (ladies’ and misses’ expansion purposes, in the occupation of mal labor turnover purposes in the occupa dresses; ladies’, misses’ and children’s sewing machine operator, for a learning tions of (1) knitting, topping, and loopingi quilted robes). period of 320 hours at the rate of at least for a learning period of 480 hours each, at 85 cents an hour for the first 160 hours, and the rates of 68 cents an hour for the first The following certificates were issued not less than 90 cents an hour for the re 240 hours and 80 cents an hour for the for plant expansion purposes. The ef maining 160 hours (embroidered pieces for fective and expiration dates and ^ the trim on dresses). Saturday, April 19, 1958 FEDERAL REGISTER 2631 period of 320 hours each, at the rates of 68 cents an hour for the first 160 hours and 80 INTERSTATE COMMERCE Grounds for relief: Short-line distance cents an hour for the remaining 160 hours; COMMISSION formula, grouping, and market competi (3) winding, for a learning period of 240 tion. hours at the rate of 68 cents an hour F o u r t h S e c t io n A pplications for R e l ie f Tariffs: Supplement 25 to Western (knitted full-fashioned sweaters). Trunk Line Committee, Agent, tariff Overseas Sports Co., IncM P. O. Box 3226, A p r il 16, 1958. I. C. C. A-4207, and supplement 1 to Marina Station, Mayaguez, P. R.; effective (Protests to the granting of an appli Illinois Freight Association, Agent, 3-21-58 to 9-20-58; authorizing the em cation must be prepared in accordance tariff I. C. C. 899. ployment of 75 learners for plant expansion with Rule 40 of the general rules of prac FSA No. 34613: Peaches—Florida to purposes in the occupation of handsewing of tice (49 CFR 1.40) and filed within 15 tiaseballs and softballs, for a learning period points in central and Illinois territories. of 320 hours at the rates of 45 cents an hour days from the date of publication of this Filed by O. W. South, Jr., Agent (SFA for the first 160 hours and 51 cents an hour notice in the F ederal R eg ister . No. A3640), for interested rail carriers. for the remaining 160 hours (baseballs and l o n g - a n d - sh o r t h a u l Rates on peaches, fresh, carloads from softballs). specified points in north Florida to speci Rico Glove Corp., P. O. Box 1097, Cayey, FSA No. 34609: Peaches— Southern fied points in Illinois, Indiana, Michigan, P. R.; effective 3-21—58 to 5-5-58; authorizing points to trunk-line and New England Ohio, Pennsylvania, and West Virginia. the employment of 18 learners for normal territories. Filed by O. W. South, Jr., labor turnover purposes in the occupation of Grounds for relief: Short-line distance Agent (SFA No. A3644), for interested formula, and grouping. sewing machine operators for a learning pe rail carriers. Rates on peaches, fresh, riod of 480 hours at the rates of 55 cents an Tariffs: Supplement 381 toT Traffic hour for the first 240 hours and 64 cents an carloads from specified points in Ala Executive Association—Eastern Rail hour for the remaining 240 hours (replace bama, Florida, Georgia, North Carolina, roads, Agent, tariff I. C. C. 3636, and ment certificate) (fabric and leather gloves). South Carolina, and Tennessee to speci supplement 454 to Illinois Freight Asso Sanrico Sportswear Corp., P. O. Box 249, fied points in District of Columbia, ciation, Agent, tariff I. C. C. 485. Rato Rey, P. R.; effective 3—24—58 to 5-14-58; Maine, Maryland, Massachusetts, New authorizing the employment of 5 learners FSA No. 34614: Peaches— Southern Hampshire, New Jersey, New York, points to points in central and Illinois for normal labor turnover purposes in the Pennsylvania, and West Virginia. occupations of, sewing machine operators, territories. Filed by O. W. South, Jr., and final presserà, for a learning period of 480 Grounds for relief: Short-line distance Agent (SFA No. A3641), for interested hours each at the rates of 54 cents an hour formula, grouping, and motor-truck rail carriers. Rates on peaches, fresh for the first 240 hours and 63 cents an hour competition. (not cold-packed or frozen), carloads for the remaining 240 hours (replacement Tariff: Supplement 53 to Southern from specified points in Alabama, Flor certificate) (skirts, slacks, and shorts). Freight Association, Agent, tariff I. C. C. ida, Georgia, North Carolina, South Sanrico Sportswear Corp., P. O. Box 249, 1277. Carolina,) and Tennessee to specified Hato Rey, P. R.; effective 3-24-58 to 9-23-58; FSA No. 34610: Cement and cement authorizing the employment of 15 learners points in central and Illinois territories clinker between points withifi official in Illinois, Indiana, Michigan, Ohio, for plant expansion purposes in the occupa territory. -'Filed by O. E. Schultz, Agent tions of sewii)g machine operators, and final Pennsylvania, and West Virginia^ (ER No. 2433), for interested rail car Grounds for relief: Short-line distance pressers, for a learning^period of 480 hours riers. Rates on cement, masonry, mor each at the rates of 54 cents an hour for the formula, grouping, and motor-truck tar, natural, hydraulic or Portland, and competition. first 240 hours and 63 cents an hour for the tile grout, carloads, also cement clinker, remaining 240 hours (skirts, slacks, and Tariffs: Supplement 381 ‘ to Traffic shorts). carloads from specified points in Maine, Executive Association—Eastern Rail Maryland, New York, Pennsylvania, Vir West Manufacturing Corp., Concordia roads, Agent, tariff I. C. C. 3636, and sup Street, Mayaguez, P. R.; effective 3-11-58 to ginia, and West Virginia to points in. plement 454 to Illinois Freight Associa 6-24-58; authorizing the employment of 5 trunk-line and New England territories. tion, Agent, tariff I. C. C. 485. learners for plant expansion purposes, in the Grounds for relief: Short-line distance FSA No. 34615: Peaches—Southern occupation of final inspectors for a learning formulas, grouping, and trunk competi points to points in southern territory. period of 160 hours at the rate of 54 cents tion. Filed by O. W. South, Jr., Agent (SFA an hour (supplementary certificate) (auto Tariffs: Supplement 16 to Baltimore No. A3643), for interested rail carriers. mobile seat covers). and Ohio Railroad Company’s tariff Rates on peaches, fresh, carloads from I. C. C. 24338, and supplements to other specified base points in southern terri Each learner certificate has been is individual lines and agency tariffs listed sued upon the representations of the em tory in Alabama, Florida, Georgia, Ken in exhibit 1 to the application. tucky, North Carolina, South Carolina, ployer which, among other things, were FSA No. 34611: Peaches—Florida and and Tennessee to all base points in that employment of learners at submini- South Carolina to the east. Filed by southern territory, also Helena, Ark., and mum rates is necessary in order to pre O. W. South, Jr., Agent (SFA No. A3642), Ohio River crossings, and points grouped vent curtailment of opportunities for for interested rail carriers. Rates on with such base points in the National employment, and that experienced work- peaches, fresh (not cold-packed nor Rate Basis Tariff, as described in the ers for the learner occupations are frozen), carloads from specified points application; not available. The certificate may be in Florida and South Carolina to speci Grounds for relief: Short-line dis annulled or withdrawn, as indicated fied points in the District of Columbia, tance formula, grouping, and motor Maine, Maryland, Massachusetts, New therein, in the manner provided in Part truck competition. - Hampshire, New Jersey, New York, Tariff: Supplement 35 to Southern 528 of Title 29 of the Code of Federal Pennsylvania, and West Virginia. Regulations. Any person aggrieved by Freight Association, Agent, tariff L C. C. Grounds for relief: Short-line dis 1613. the issuance of any of these certificates tance formula, and grouping. FSA No. 34616: Plywood-^-Georgia toay seek a review or reconsideration Tariff: Supplement 53 to Southern points to points in Oklahoma and Texas. thereof within fifteeri^days after publi- Freight Association, Agent, tariff I. C. C. Filed by O. W. South, Jr., Agent (FSA c&tion of this notice in the F ederal R eg - 1277. No. A3645), for interested rail carriers. pursuant to the provisions of 29 FSA No. 34612: Vegetable oils— West Rates on captivo plywood, carloads from CPR 522.9. ern and northern points to southern Savannah and Port Wentworth, Ga., to points. Filed by Western Trunk Line Oklahoma City and Tulsa, Okla., Fort Signed at Washington, D. C., this 10th Committee, Agent (W TL No. A-1974), % of April 1958. Worth, Houston, and Tyler, Tex. for interested rail carriers. Rates on Grounds for relief: Modified short-line M il t On B r o o k e , vegetable oils and related articles, liquid distance formula and grouping. Authorized Representative or solidified, also foots or sediments, in Tariff: Supplement 98 to Southern of the Administrator. packages, carloads, and tank-car loads Freight Association, Agent, Tariff I. C. C. from points in western trunk-line and 1269. ♦ ft. Doc. 58-2897; Piled, Apr. 18, 1958; Illinois Territory to points in southern FSA No. 34617: Coke and products— 8:49 a. m.] territory. Alabama and Tennessee points to East ß 2632 NOTICES Vesting Order No. 4234; Claim No. 63115. St. Louis, I I I Piled by O. W. South, Jr., Filed by Middlewest Motor Freight Bu Agent (SPA No. A3646), for interested reau, Agent (No. 106), for interested Executed at Washington, D. C., on rail carriers. Rates on coke, coke breeze, carriers. Rates on freight of various April 14, 1958. kinds, loaded in highway trailers and coke dust, and coke screenings (the For the Attorney General. direct products of coal), straight or transported on railroad flat cars between mixed carloads from Alabama City, Bir Chicago, m , on the one hand, and Des [ s e a l ] P a u l V . M y r o n , mingham, Ala., and other specified points Moines, Iowa, on the other, on traffic Deputy Director, in Alabama, and Chattanooga, Term., to originating at or destined to points on Office of Alien Property. motor carriers beyond the named points. East St. Louis, 111. [P. B. Doc. 58-2930; Piled, Apr. 18, 1958; Grounds for relief : Market competi Grounds for relief: Motor-truck com S :5 4 a:m .] tion with official territory producing petition. points. Tariff: Supplement 73 to Middlewest Tariff: Supplement 90 to Southern Motor Freight Bureau, Agent, tariff M F- i. C. C. 223. Freight Association, Agent, tariff I. C. C. W il h e l m K ar l W in t e r h a ld Er 1370. By the Commission^ NOTICE OF IN TE N TIO N TO RETURN VESTED PSA No. 34618: Caustic potash— New [ s e a l] H arold D. M cC o y , PROPERTY York and West Virginia to Illinois points. Secretary. Piled by O. E. Schultz, Agent (ER No. Pursuant to section 32 (f) of the Trad [P. R. DOC. 58-2922; Piled, Apr. 18, 1958; 2432), for interested rail carriers. Rates 8:53 a. m.] ing With the Enemy Act, as amended, on liquid caustic potash, tank-car loads notice is hereby given of intention to re from specified points in New York and turn, on or after 30 days from the date West Virginia to Chicago, Chicago DEPARTMENT OF JUSTICE of publication hereof, thè following prop Heights, and Joliet, 111. erty, subject to any increase or decrease Grounds for relief: Market competi Office of Alien Property resulting from the administration tion with Calvert, Ky. thereof prior to return, and after ade J u l ia R o t h Tariffs: Supplement 48 to Traffic Ex quate provision for taxes and conserva ecutive Association—Eastern Railroads, NOTICE OP IN TE N T IO N TO RETURN VESTED tory expenses: Agent, tariff I. C. C. A-1116, and sup PROPERTY ' Claimant, Claim No., Property, and Location plements to individual lines’ tariffs listed Pursuant to section 32 (f ) of the Trad in the application. Wilhelm Katl Winterhaider, Leverkusen- ing With the Enemy Act, as amended, Bayerwerk, Germany; $595.70 in the Treas FSA No. 34619: Gravel—Attica, Ind., notice^ is hereby given of intention to to Sadorus, III. Filed by Illinois Freight ury of the Unitèd States. return, on or after 30 days from the date Vesting Order No. 11625; Claim No. 64368. Association, Agent (IF A No. 12), for of publication hereof, the following interested rail carriers. Rates on gravel, Executed at Washington, P . C., on property, subject to any increase or de traffic bound, carloads, as more fully crease resulting from the administration April 14, 1958. described in the application from Attica, thereof prior to return, and after ade For the Attorney General. Ind., to Sadorus, 111. quate provision fpr taxes and conserva Grounds for relief: Motor-truck com tory expenses: [ s e a l ] P a u l V . M y r o n , petition from wayside pit to jobsite. Deputy Director, Tariff: Supplement 5 to Wabash Rail Claimant, Claim No., Property, and Location Office of Alien Property. road Company tariff I. C. C. 7844. Julia Roth, Berlin, Niederschoenhausen, PSA No. MQ2HTSubstituted service—- Wilhelm, Wolfstr. 32, Germany; $100.00 in [F. R. Doc. 58-2931; Piled, Apr. 18, 1958; Motor and rail—-Chicago Great Western. the Treasury of the United States. 8:54 a. on.] Siili y - \ m i m »