^ x O N A M / ; , ç EBERAL REGISTER " " v ' ^ a 1934 ^ VOLUME 18 \ NUMBER 173 ■ O N iJlO * Washington, Thursday, September 3, 1953
TITLE 7— AGRICULTURE (5 ) “Salvage sugarcane” means sug CONTENTS arcane containing less than 9.5 percent Chapter Vili— Production and Market sucrose in the normal juice. Agriculture Department Page ing Administration (Sugar Branch), (b) Basic price. (1) The basic price See Production and Marketing Department of Agriculture for standard sugarcane shall be not less Administration. than $1.07 per ton for each one-cent per Subchapter I— Determination of Prices pound of the average price of raw sugar Coast Guard obtained by weighting the simple average Rules and regulations: [Sugar Determination 873.6] of daily prices of raw sugar for each Explosives or other dangerous Part 873— Sugarcane; F lorida week in which sugar is sold by or for cargoes within or contiguous the account of the processor by the to waterfront facilities; han 1953 CROP quantity of 1953 crop raw sugar or raw dling of explosives______5348 sugar equivalent of the sugar sold dur Pursuant to the provisions of section ing each week: Provided, however, That Commerce Department 301 (c) (2) of the Sugar Act of 1948, as the resultant weighted average price Notices : amended (hereinafter referred to as may be reduced by the average cost per Under Secretaries and Assistant "act”) , after investigation, and due con pound of raw sugar for storage, insur Secretaries of Commerce; sideration of the evidence presented at ance, and other related costs actually delegations of authority un the public hearing held at Clewiston, incurred on such sugar as a result of der Reorganization Plan No. Florida, on May 6, 1953, the following marketing allotments. The weighted 5 of 1950______5349 determination is hereby issued: average price of raw sugar and the de Defense Department § 873.6 Fair and reasonable prices for ductions provided in this subparagraph Notices: the 1953 crop of Florida sugarcane. A shall be approved by the Florida State Assistant Secretary of Defense producer of sugarcane in Florida who Committee of the Production and Mar (Properties and Installa processes sugarcane purchased from keting Administration (hereinafter re tions) ; delegation of au other producers (hereinafter referred to ferred to as “State Committee”). thority with respect to as "processor” ), shall be deemed to have (2) The basic price for salvage sugar- certification of construction, complied with the provisions of section canë shall be as agreed upon between replacement or reactivation 301 (c) (2) of the act with respect to the the processor and the producer. of bakery, laundry or dry- (c) Conversion of net sugarcane to 1953 crop if he pays or contracts to pay cleaning facilities______5349 for such sugarcane in accordance with standard sugarcane. Net sugarcane (ex the following requirements. cept salvage sugarcane) shall be con Federal Communications Com (a) Definitions. For the purpose of verted to standard sugarcane by apply mission this section, the term: ing to the average sucrose content of Notices: (1) “Price of raw sugar1’ means the all sugarcane delivered by a producer the Hearings, etc.: daily spot quotation of raw sugar of the applicable quality factor in accordance Order closing Galveston, New York Coffee and Sugar Exchange with the following table: Tex., ship inspection office. 5353 (domestic contract) adjusted to a duty Average percent sucrose Standard sugarcane Royal Oak Broadcasting Co. Paid basis by adding the U. S. duty pre in normal juice: quality factor1 et al______5352 vailing on Cuban raw sugar, except, that 9.5 ______------0. 70 South Jersey Broadcasting if the Director of the Sugar Branch de 10 . 0 — ...... ------.75 Co. and Patrick Joseph 10.5 ______------.80 Stanton______5351 termines that such price does not reflect 11.0______...... 85 the true market value of sugar, because 11.5 ______------.90 Straits Broadcasting Co. and of inadequate volume or other factors, 12.0______— ---- . 95 Midwestern Broadcasting he may designate the price to be effec 12.5 ______------1.00 Co^______5352 tive under this section. 13.0 ______...... 1. 05 Superior Television, Inc., et 13.5 ______...... - 1 . 10 al______5351 “Raw sugar” means raw sugar of 14.0 ______— ...... Times-World 1.15 Corp. and Ra 14.5 ______96 Polarization. ______1.20 dio Roanoke, Inc______5351 ^ . ,<**e*' su&arcane” means sugarcane, 15.0 ______------1.25 as delivered by a producer to a processor, 15.5 ...... 1.30 Federal Power Commission rom which has been deducted the 1 The quality factor for sugarcane of inter Notices : eight of trash determined in the custo mediate percentage of sucrose in normal Hearings, etc.: mary manner. juice shall be interpolated and for sugarcane California Oregon Power Co_ 5353 having more than 15.5 percent sucrose in the Equitable Gas Co., and Mis (4) "Standard sugarcane” means sug- normal juice shall be computed in proportion sissippi Valley Gas Co_____ 5353 cane containing 12.5 percent sucrose in to the immediately preceding interval. Southern Pennsylvania Power ine normal juice. (Continued on next page) Co. et al______5353 5339 5340 RULES AND REGULATIONS
CONTENTS— Continued CODIFICATION GUIDE— Con. Interstate Commerce Commis- PaS® Title 7— Continued Page FEDEML^REGISTER sion Chapter IX: l'unto>934 ¿¡¡r^ Notices: Part 941______5343 Applications for relief: Title 20 Published daily, except Sundays, Mondays, Brick and related articles Chapter H I: and days following official Federal holidays, from Knoxville, Tenn., to Part 422— ______5344 by the Federal Register Division, National Princeton, W. Va ______5356 Archives and Records Service, General Serv Title 21 Lard and related articles Chapter I: ices Administration, pursuant to the au from Memphis, Tenn., to thority contained in the Federal Register Part 141______5346 points in the South ____ 5357 Act, approved July 26, 1935 (49 Stat. 500, as Part 146 (2 documents)___ 5346,5347 amended; 44 U. S. C., ch. 8 B ), under regula Tea from North Atlantic tions prescribed by the Administrative Com ports to Cincinnati, Ohio,’ Title 33 mittee of the Federal Register, approved by and Louisville, K y______:— 5357 Chapter I : the President. Distribution is made only by Pennsylvania Railroad Co,; re Part 126— ______5348 the Superintendent of Documents, Govern routing or diverson of traffic- 5357 ment Printing Office, Washington 25, D. C. The regulatory material appearing herein Labor Department (d) Molasses payment. For each ton is keyed to the Code of Federal Regulations, See Public Contracts Division; of net sugarcane ground there shall be which is published, under 50 titles, pursuant Wage and Hour Division. paid to the producer a molasses pay to section 11 of the Federal Register Act, as ment equal to the product of 6.28 and amended June 19, 1937. Old-Age and Survivors Insur one-half of the net liquidation from the 7(116 F ederal R egister will be furnished by ance Bureau disposal of blackstrap or final molasses mail to subscribers, free of postage, for $1.50 Rules and regulations: per month or $15.00 per year, payable in in excess of 4.75 cents per gallon, f. o. b. Statements of procedure; mis advance. The charge for individual copies sugarhouse tanks, during the 12-month (minimum 15^) varies in proportion to the cellaneous amendments_____ 5344 period ending May 31, 1954. size of the issue. Remit check or money Production and Marketing Ad (e) General. (1) The price for sugar order, made payable to the Superintendent of Documents, directly to the Government ministration cane specified in this section is appli Printing Office, Washington 25, D. C. - Rules and regulations: cable to sugarcane loaded on carts or There are no restrictions on the republica Milk handling in Chicago, 111., trucks at the farm or, if sugarcane is tion of material appearing in the F ederal marketing area______5343 customarily transported by railroad, R egister. Sugarcane; 1953 crop: loaded in railroad cars at the railroad Florida______5339 siding nearest the farm: Provided, That Louisiana______5341 if a producer delivers sugarcane directly Now Available to the mill the processor shall pay the Public Contracts Division producer for transportation of such UNITED STATES Notices: sugarcane an amount equal to the cost Employment of handicapped of transporting sugarcane by railroad or GOVERNMENT clients by sheltered work by other common carrier whichever cus ORGANIZATION shops; issuance of special tomarily is used. MANUAL certificates______.______5350 (2) Methods of sucrose analysis, de Securities and Exchange Com ductions for frozen sugarcane because of 1953-54 Edition mission decreased boiling house efficiency, fiber (Revised through July 1) Notices : content determinations and deductions, Hearings, etc. : definitions of delivery schedules and Published by the Federal Register Division, American Natural Gas Co. similar terms employed in connection the National Archives and Records Service, and American Louisiana with the purchase of the 1953 crop shall General Services Administration Pipe Line Co______5355 be as set forth in the contract between 734 pages— $1.00 a copy Arkansas Louisiana Gas Co_ 5356 the producer and the processor or, in the Electric Energy, Inc______5354 absence of such a contract, as employed Order from Superintendent of Documents, Market Street Railway Co___ 5354 in connection with the purchase of the United States Government Printing Office, Social Security Administration Washington 25, D. C. 1952 crop. See Old-Age and Survivors Insur (3) Nothing in subparagraphs (1) and ance Bureau. (2) of this paragraph shall be construed Treasury Department as prohibiting modification of customs CONTENTS— Continued See also Coast Guard. and practices which may be necessary Notices: because of unusual circumstances, any Federal Power Commission— Pas® Commandant, U. S. Coast such modification to be approved by the Continued Guard; delegation of author State Committee. Notices—Continued ity with respect to certain (4) In the even a general freeze causes functions pertaining to light Hearings, etc.— Continued abnormally low recoveries of raw sugar Zeigler, E. H ______- 5353 house keepers______5349 by a processor in relation to the sucrose Food and Drug Administration Wage and Hour Division test of the sugarcane, payment for such Rules and regulations: Notices: sugarcane may be made as mutually Antibiotic and antibiotic-con Learner employment certifi agreed upon between the producer and taining drugs; miscellane cates; issuance to various in ous amendments: dustries ______s____ 5349 the processor and as approved by the Certification of batches_____ 5346 State Committee. Tests and methods of assay_ 5346 CODIFICATION GUIDE (5) The processor shall not reduce Certification of batches of anti returns to the producer below those de A numerical list of the parts of the Code termined herein through any subterfuge biotic and antibiotic-contain of Federal Regulations affected by documents ing drugs; animal feed con published in this issue. Proposed rules, as or device whatsoever. taining antibiotic drugs—___ 5347 opposed to final actions, are identified as (6) The Assistant Administrator for Health, Education, and Welfare such. Production of the Production and Department Title 7 PaS® Marketing Administration will issue See Food and Drug Administra Chapter VH I: such instructions to the State Committee tion; Old-Age and Survivors Part 873-______5339 as may be necessary to effectuate the Insurance Bureau. Part 874______5341 purposes of this section. Thursday, S e p t e m b e r 3, 1953 FEDERAL REGISTER 5341
STATEMENT OF BASES AND CONSIDERATIONS prices of 96° raw sugar prevailing in the cane. A producer of sugarcane in Loui (a) General. The foregoing deter month in which the raw sugar is mar siana who processes sugarcane purchased mination provides fair and reasonable keted. The other processor recom from other producers (hereinafter re prices to be paid by a processor for mended that the basis of settlement for ferred to as “ processor” ) shall be sugarcane of the 1953 crop purchased sugarcane should be the actual price re deemed to have complied with the pro from producers. It prescribes the mini ceived for the raw sugar produced there visions of section 301 (c) (2) of the act mum requirements with respect to prices from. Both processors recommended with respect to the 1953 crop, if he pays for sugarcane which must be met as one that producers be required to bear a or contracts to pay for such sugarcane of the conditions for payment under the share of the marketing expenses on raw in accordance with the following re sugar incurred by processors as a result quirements. act. (b) Requirements of the act. The act of marketing allotments. Most of the (a) Definitions: For the purpose of requires that in determining fair and producers concurred in the latter recom this section, the term: reasonable prices public hearings be mendation. (1) “Price of raw sugar” means the held and investigations made. Accord Marketing allotments will alter some price of 96° raw sugar quoted by the ingly, on May 6, 1953, a public hearing what the usual marketing period for raw Louisiana Sugar Exchange, Inc.; except was held at Clewiston, Florida, at which sugar and may result in abnormal mar that if the Director of the Sugar Branch time interested persons presented testi keting costs. Accordingly, provisions determines that such price does not re mony with respect to fair and reasonable have been included in this determina flect the true market value of sugar, prices for the 1953 crop of sugarcane. tion which are designed to relate settle because of inadequate volume, failure to In addition, investigations have been ment for sugarcane to the proceeds report sales in accordance with the rules made of conditions relating to the sugar realized from the sale of sugar so as to of such Exchange or other factors, he industry in Florida. In this determina preserve the sharing relationship be may designate the price to be effective tion, consideration has been given to the tween producers and processors hereto under this section. testimony presented at the hearing and fore in effect. The customary use of a (2) “Price of blackstrap molasses” to information resulting from investiga moving 5-year average of molasses re means the price per gallon of blackstrap covery per ton of net sugarcane in calcu molasses quoted by the Louisiana Sugar tions. (c) 1953 price determination. The lating the molasses payment results in Exchange, Inc.; except that if the Di 1953 price determination differs fi'om the a slight change in payments that will rector of the Sugar Branch determines 1952 determination in several respects. have little effect on the sharing that such price does not reflect the true One, the basic price per ton of standard relationship. market value of blackstrap molasses, sugarcane is $1.07 for each one cent per In making this determination consid because of inadequate volume, failure to pound of the weighted average spot price eration has been given to the recom report sales in accordance with the rules of raw sugar, duty paid basis, delivered, mendations made at and following the of such Exchange or other factors, he for the weeks in which 1953 crop sugar is public hearing, to information obtained may designate the price to be effective sold. Heretofore, optional methods of through investigation, and to the prob under this section. settlement were provided whereby the able effects of marketing allotments. (3) “ Standard sugarcane” means sug average price of raw sugar could be An analysis has been made of the com arcane, free of trash, containing 12 per calculated from the simple average of parative returns, costs and profits of the cent sucrose in the normal juice with the daily prices of raw sugar for the Florida sugarcane and raw sugar in a purity of at least 76.50 but not more week in which sugarcane was delivered, dustry obtained by survey for prior years than 76.99. or the average of weekly prices during a and restated in terms of prospective con (4) “Net sugarcane” means the quan specified marketing period. Two, un ditions for the 1953 crop. On the basis tity of sugarcane obtained by deducting usual costs of selling raw sugar incurred of analysis and examination of all perti the weight of trash from the combined by processors as a result of marketing nent factors, the provisions of this de weight of sugarcane and trash delivered allotments may be deducted from the termination are deemed to be fair and by a producer. weighted average price of raw sugar. reasonable. (5) “Salvage sugarcane” means sug Prior determinations made no provision Accordingly, I hereby find and con arcane containing either legs than 9.5 for the sharing of marketing costs be clude that the foregoing price determi percent sucrose in the normal juice or tween the processor and producer. nation will effectuate the price provi less than 68 purity in the normal juice. Three, the molasses payment to pro sions of the Sugar Act of 1948, as (6) “Trash” means green or dried ducers is based on 6.28 gallons per ton of amended. leaves, loose sugarcane tops, attached sugarcane, the average production for (Sec. 403, 61 Stat. 932; 7 TT. S. C. Sup. 1153. sugarcane tops at or above the green the most recent five crops. The 5-year Interprets or applies sec. 301, 61 Stat. 929; leaf roll, dirt and all other extraneous average production figure used in the 7 U. S. C. Sup. 1131) material which is representative of the quantity of sugarcane from which the 1952 price determination was 6.25 Issued this 28th day of August 1953. gallons. sample for trash determination is taken. At the public hearing the testimony of [seal! T rue D. M orse, (b) Basic price. (1) The basic price two processor representatives and one Acting Secretary of Agriculture. for standard sugarcane shall be not less producer was to the effect that the pro than $1.06 per ton for each one-cent per [F. R. Doc. 53-7708; Filed, Sept. 2, 1953; pound of the average price of raw sugar visions of the 1952 crop price determina 8:49 a. m.] tion should be adopted for the 1953 de-' determined in accordance with either of termination. Subsequently, following a the following as agreed upon: public hearing in New Orleans on June (i) The simple average of the daily 23, 1953, with respect to marketing al [Sugar Determination 874.6] prices of raw sugar for the week in which lotments for the 1953 crop, changes in the sugarcane is delivered; or, the 1953 crop price determination were P art 874— Sugarcane; L ouisiana (ii) The simple average of the weekly recommended by the two processors in 1953 CROP prices of raw sugar for the period Octo Florida who purchase sugarcane from ber 9, 1953, through February 25, 1954: independent growers. One processor Pursuant to the provisions of section Provided, That the average price of raw recommended that settlement for sugar 301 (c) (2) of the Sugar Act of 1948, as sugar as determined under this subdivi cane from which is processed raw sugar amended, (herein referred to as “ act” ), sion or subdivision (i) of this subpara marketable under the initial 1954 mar after investigation, and due considera keting allotment of the processor be graph may be reduced by not more than tion of the evidence presented at the the following: based upon the average of the weekly public hearing held in Thibodaux, Loui duty paid New York price of 96° raw (a) 0.065 cent for mills located north siana, on July 16, 1953, the following sugar for the period January through of Bayou Goula between the Atchafalaya June. Settlement for other sugarcane determination is hereby issued: and Mississippi Rivers and southeast of Processed would be based on the simple § 874.6 Fair and reasonable prices New Iberia west of the Atchafalaya average of weekly duty paid New York for the 1953 crop of Louisiana sugar - River; or 5342 RULES AND REGULATIONS
(5) 0.10 cent for mills located north Percent sucrose in Standard sugarcane Percent sucrose in Standard sugarcane and west of New Iberia west of the normal juice: quality factor1 normal juice: quality factor» Atchafalaya River. 9.5 ______0. 60 12.0______------— 1.00 (2) The basic price for salvage sugar- 10.0 _____ I______. 70 12.5 ______------1.05 10.5 ______.80 13.0 ______’ cane shall be as agreed upon between the ------1.10 11.0 ...... ______. 90 13.5______------— 1.15 processor and the producer. 11 .5______1...... 95 14.0 ______------1.20 (c) Conversion of net sugarcane to 14.5 ______1 The quality factor for sugarcane of in ------1.25 standard sugarcane. Net sugarcane (ex termediate percentages of sucrose in normal and cept for salvage sugarcane) shall be con juice shall be interpolated and for sugar verted to standard sugarcane as follows: cane having more than 14.5 percent sucrose (2) By multiplying the quantity de (1) By multiplying net sugarcane byin the normal juice shall be computed in pro termined pursuant to subparagraph (1) the applicable quality factor in accord portion to the immediately preceding in of this paragraph by the applicable pu ance with the following table: terval. rity factor in the following table: Standard Sugarcane P u rity F actor 1
Percent sucrose in normal juice Purity of normal juice At le&t._9. 50 9.70 10.10 10.30 10.50 11.00 11.50 12.00 12.50 13.00 13.50 14.00 14.50 15.00 15.50
But not more But not more At least- than— than__ 9. 69 10.09 10.29 10.49 10.99 11.49 11.99 12.49 12.99 13.49 13.99 14.49 14.99 15.49 15.99
68.00 1.000 0.989 0.978 0.967 0.956 0.945 0.936 0.929 0.922 0.915 0i 908 0.901 0.894 0.887 0.880 0.873 68.25 1.005 .993 .982 .971 .960 .949 .941 .934 .927 .920 .913 .906 .899 .892 .885 .878, 68.50 1.010 .998 .987 .976 .965 .954 .946 .939 .932 .925 .918 .911 .905 .899 .893 .877 69.00 1.015 1.003 .992 .981 .970 .959 .950 .943 .936 .929 .922 .915 .909 .903 .897 .891 69.50 1.021 1.009 .997 .986 .975 .964 .955 .948 .941 .934 .927 .920 .914 .908 .902 .896 70.00 1.025 1.013 1.001 .990 .979 .968 .960 .953 .945 .938 .931 .924 .918 .912 .906 .900 70.50 1.030 1.018 1.006 .995 .984 .973 .965 .958 .950 .943 .936 .929 .923 .917 .911 .905 71.00 1.035 1.023 1.011 .999 .988 .977 .969 .962 .954 .947 .940 .933 .927 .921 .915 .909 71.50 1.040 1.028 1.016 1.004 .993 .982 .974 .966 .959 .951 .945 .938 .932 .926 .920 .914 72.00 1.045 1.033 1.021 1.009 .998 .987 .978 .970 .963 .955 .949 .942 .936 .930 .924 .918 72.50 1.050 1.038 1.026 1.014 1.003 .992 .983 .975 .967 .960 .954 .947 .940 .934 .928 .922 73.00 1.055 1.043 1.031 1.019 1.007 .996 .987 .979 .971 .964 .958 .951 .944 .938 .932 .926 73.50 1.060 1.048 1.036 1.024 1.012 1.000 .991 .984 .976 .968 .962 .955 .948 .942 .936 .930 74.00 1.065 1.052 1.040 1.028 1.016 1.004 .995 .988 .980 .972 .966 .959 .952 .946 .940 .934 74.50 1.057 1.044 1.032 1.020 1.008- 1.000 .992 .984 .977 .970 .963 .956 .950 .944 .938 75.00 1.062 1.049 1.036 1.024 1.012 1.004 . .996 .988 .981 .974 .967 .960 .954 .948 .942 75.50 1.054 1.041 1.028 1.016 1.008 1.000 .992 .985 .978 .971 .964 .958 .952 .946 76.00 1.059 1.046 1.033 1.020 1.011 1.004 .996 .988 .981 .974 .967 .961 .955 .949 76.50 1.051 1.038 1.025 1.015 1.008 1.000 .992 .985 .978 .971 .965 .959 .953 77.00 1.054 1.041 1.028 1.019 1.011 1.004 .996 .989 .981 .975 .969 .963 .957 77.50 1.045 1.032 1.023 1.015 1.008 1.000 .993 .985 .979 .973 .967 .961 78.00 1.049 1.035 1.027 1.019 1.011 1.003 .996 .989 .982 .976 .970 .964 78.50 1 039 79.00 1.042 79.50 * niVT 80.00 1.043 80.50 81.00 1.040 1.032 ! 985 81.50 82.00 L 039 1.017 1.003 82.50 l! 027 83.00 1.016 83.50 84.00 1 004 84.50 85.00 1.010
^*er• Sucj°?.e Çhrity ° f (he normal juice than shown in this table shall be determined by the same method of calculation used to compute the factors specified and shall be furnished by the Louisiana State Office of the Production and Marketing Administration, Alexandria, Louisiana, upon request. (d) Molasses payment. Por each ton without regard to the molasses payment, blackstrap molasses fQr the period Octo of net sugarcane (except salvage sugar for each 0.1 cc. of acidity above 2.50 cc. ber 9, 1953, through February 25, 1954, cane) there shall be paid an amount of N/10 alkali per 10 cc. of juice but less an amount not to exceed $3.00 per equal to the product of 7.1 and one-half not in excess of 4.75 cc. (intervening gross ton of sugarcane for processing of the average price per gallon of black fractions are to be computed to the and less actual costs of hoisting, field strap molasses in excess of 6 cents. The nearest multiple of 0.05 cc.). Frozen weighing and transporting such sugar average price of blackstrap molasses sugarcane testing in excess of 4.75 cc. cane. shall be either the simple average of the of acidity shall be considered as having (4) A processor who paid the costs for daily prices for the week in which the no value. Sugarcane shall not be con hoisting and weighing sugarcane of the sugarcane is delivered, or the simple sidered as frozen, even after being sub 1952 crop shall also pay such costs with average of the weekly prices of black jected to freezing temperature,-unless respect to the 1953 crop: Provided, That strap molasses for the period October 9, and until there is evidence of damage nothing in this subparagraph shall be 1953 through February 25,1954, as agreed having taken place because of the freeze, construed as prohibiting negotiations upon between the processor and the pro such evidence to be certified by the with respect to such costs, any change ducer. State Committee. to be approved by the State Committee. (e) General. (1) The sucrose and pur (3) In the event a general freeze (5) A processor who made allowances ity of . the normal juice shall be deter causes abnormally low recoveries of raw to producers for transporting sugarcane mined by acceptable methods of analysis sugar by a processor in relation to the from the customary delivery points to on sugarcane as delivered, such methods sucrose and purity tests of sugarcane, the mill for the 1952 crop, shall also to be subject to the approval of the payment for such sugarcane may be make such allowances for the 1953 crop: Louisiana State Committee of the Pro made as mutually agreed upon between Provided, That nothing in this subpara duction and Marketing Administration the producer and the processor, subject graph shall be construed as requiring the (hereinafter referred to as “State Com to approval by the State Committee: processor to make allowances to pro mittee.” ) Provided, That the payment for each ducers in excess of the actual costs or (2) Because of decreased boiling houseton of net sugarcane shall be not less rates charged by a commercial carrier efficiency deductions may be made from than an amount equal to the total returns for the customary method of transporta the payment for frozen sugarcane ac from raw sugar and molasses actually tion: Provided further, That where the cepted by the processor provided such recovered from such sugarcane, deter only available practicable means of deductions are at rates not in excess of mined on the basis of the simple average transportation is by railroad and the 1.5 percent of the payment, computed of the weekly prices of raw sugar and distance to the nearest mill is in excess T h u rsd a y , S e p t e m b e r 3, 1953 FEDERAL REGISTER 5343 of 50 miles or where, because of unusual tion of the probable effects of marketing ing was held upon certain proposed circumstances, the cost of transporting allotments. It is likely that such allot amendments to the tentative marketing sugarcane is in excess of customary ments may result in the marketing of a agreement and to the order, as amended, allowances, such costs may be shared by larger portion of the crop in the follow regulating the handling of milk in the the processor and the producer by agree ing year than was the case in prior Chicago, Illinois, marketing area. Upon ment, subject to the approval of the years. Therefore, the extended pricing the basis of the evidence introduced at State Committee. period in this determination will main such hearing and the record thereof, it (6) If a processor and the producers tain 'about the customary relation is found that: delivering sugarcane to such processor ship between sugarcane settlements and (1) The said order, as amended, and mutually agree upon a plan for improv raw sugar marketing opportunities of as hereby further amended, and all of ing harvesting and delivery operations, processors. the terms and conditions thereof, will there may be deducted from the price With respect to the recommendations tend to effectuate the declared policy of per ton of sugarcane an amount equal concerning the standard sugarcane the act; to one-half of the cost of such plan. purity factor the Department will under (2) The parity prices of milk as deter Such deduction may not be made until take a study of pertinent data during mined pursuant to section 2 of the act the plan has been approved by the State the forthcoming harvesting season. are not reasonable in view of the price Committee. In this determination consideration of feeds, available supplies of feeds, and (7) ,The processor shall not reduce the has been given to recommendations other economic conditions which affect returns to the producer below those de made at the public hearing, to informa market supply and demand for milk in termined herein through any subterfuge tion obtained as a result of investigations the said marketing area, and the mini or device whatsoever. and to returns, costs and profits data of mum prices specified in the order, as (8) The Assistant Administrator for the Louisiana sugar industry obtained amended,^ and as hereby further amend Production of the Production and Mar by survey during prior years and restated ed, are such prices as will reflect the keting Administration will issue such in in terms of prospective conditions for aforesaid factors, insure a sufficient structions to the State Committee as the 1953 crop. On the basis of analysis quantity of pure and wholesome milk may be necessary to effectuate the pur and examination of all pertinent factors, and be in the public interest; and pose of this section. the provisions of this determination are (3) The said order, as amended, and STATEMENT OF BASES AND CONSIDERATIONS deemed to be fair and reasonable and an as hereby further amended, regulates equitable relationship will exist under the handling of milk in the same man (a) General. The foregoing deter anticipated conditions for the 1953 crop. ner as and is applicable only to persons mination provides fair and reasonable Accordingly, I hereby find and con in the respective classes of industrial prices to be paid by a processor for clude that the foregoing price determi and commercial activity specified in a sugarcane of the 1953 crop purchased nation is fair and reasonable and will marketing agreement upon which a from producers. It prescribes the mini effectuate the price provisions of the act. hearing has been held. mum requirements with respect to prices (b) Additional findings. It is hereby which must be met as one of the condi (Sec. 403, 61 Stat. 932; 7 U. S. C. Sup. 1153. Interprets or applies sec. 301, 61 Stat. 929; found and determined that good cause tions for payment under the Act. 7 U. S. C. Sup. 1131) exists for making effective not later than (b) Requirements of the act. In de September 1, 1953, this order amending termining fair and reasonable prices, Issued this 28th day of August 1953. the said order, as amended. This action the act requires that public hearings be [ s e a l ] T r u e D . M or se, is necessary in the public interest in held and investigations made. Accord Acting Secretary of Agriculture. order to reflect current marketing con ingly, a public, hearing was held in Thi- ditions and to facilitate the orderly mar bodaux, Louisiana, on July 16, 1953, at [F. R. Doc. 53-7707; Filed, Sept. 2, 1953; 8:49 a. m.] keting of milk produced for the Chicago, which time interested persons presented Illinois', marketing area. Any further de- testimony with respect to fair and , lay in the effective date of this order, as reasonable prices for the 1953 crop of amended, and as hereby further sugarcane. In addition, investigations Chapter IX— Production and Market amended, will seriously impair orderly have been made of conditions relating marketing of milk in the Chicago, Illinois, to the sugar industry in Louisiana. ing .Administration (Marketing marketing area. The provisions of the (c) 1953 price determination. The Agreements and Orders), Depart said amendatory order are well known to 1953 price determination differs from ment of Agriculture handlers, the public hearing having been the 1952 determination in two respects, [Docket No. AO 101-A15 (First Part) ] held August 11, 1953, and the decision namely: (1) The pricing period used in having been executed by the Secretary calculating the season’s average prices P art 941—M i l k i n t h e C h ic a g o , I l l in o is , on August 20, 1953. Reasonable time of raw sugar and molasses is extended M a r k e t in g A rea under the circumstances has been a f one month, or through February, and forded persons affected to prepare for order a m e n d in g order, as a m end ed (2) the molasses payment to producers its effective date. Therefore, it would REGULATING HANDLING is based on a recovery rate of 7.1 gallons be impracticable and contrary to the per ton of sugarcane, instead of 7.0 gal § 941.0 Findings and determinations. public interest to delay the effective date lons, reflecting the average production of The findings and determinations here of this amendatory order 30 days after the most recent 5-year period. inafter set forth are supplementary and its publication in the F ederal R egister At the public hearing the Louisiana in addition to the findings and deter (see section 4 (c) Administrative Pro* Grower-Processor Committee recom minations previously made in connec cedure Act, Pub. Law 404, 79th Cong., mended that the pricing period used for tion with the issuance of the aforesaid 60 Stat. 237). settlement be extended one month, or order and of each of the previously- is (c) Determinations. It is hereby de October through February, and that sued amendments thereto; and all of termined that handlers (excluding coop other provisions of the 1952 price deter said previous findings and détermina-- erative associations of producers who are mination be continued for the 1953 crop. tions are hereby ratified and affirmed, not engaged in processing, distributing The representative of the Louisiana except insofar as such findings and de or shipping the milk covered by this Farm Bureau indicated that the purity terminations may be in conflict with the order amending the order, as amended) of sugarcane delivered during the last findings and determinations set forth of more than 50 percent of the volume three crops was below the standard herein. of milk covered by the aforesaid order, specified in the determination and rec (a) Findings upon the basis of theas amended, and as hereby further ommended that an early study be made hearing record. Pursuant to the pro amended, which is marketed within the of the standard sugarcane purity factor visions of the Agricultural Marketing Chicago, Illinois, marketing area, refused under current conditions. The repre Agreement Act of 1937, as amended (7 or failed to sign the marketing agree sentative of the Grower-Processor Com U. S. C. 601 et seq.), and the applicable ment regulating the handling of milk in mittee also recommended that such a rules of practice and procedure, as the said marketing area; and it is hereby study be made. amended, governing the formulation of further determined that: . recommended change in the pric- marketing agreements and marketing (1) The refusal or failure of such mg period was adopted after considera- orders (7 CFR Part 900), a public hear- handlers to sign said marketing agree- 5344 RULES AND REGULATIONS ment tends to prevent the effectuation count number is Treasury Department ber card, any field office will assist him of the declared policy of the act; Form SS-5, “Application for Social Se in preparing a telegram to the Division (2) The issuance of this order, amend curity Account Number.” of Accounting Operations, giving the ing the said order, as amended, is the (ii) Any person who wishes to file an necessary identifying information. only practical means, pursuant to the application for an account number may Upon receipt of the request, the Division declared policy of the act, of advancing do so by filing Form SS-5. Form SS-5 of Accounting Operations makes an im the interests of the producers of milk may be obtained at any social security mediate search for the account number which is produced for sale in the said field office. Upon request, the field office and notifies the individual by telegram marketing area; and will distribute Forms SS-5 to labor or “ collect” of the results of the search. If (3) The issuance of this order amend other representative organizations. All a previously assigned account number is ing the order, as amended, is approved post offices, except the main post office located, the field office will issue a dupli or favored by at least two-thirds of the in cities having a social security field cate account number card. If no previ producers who, during the determined office, supply Forms SS-5 on request. ously assigned number can be found, the representative period (June 1953) were Except in cities having a social security field office will assign a new account engaged in the production of milk for field office, the United States Employ number. sale in the said marketing area. • ment Service offices will upon request (viii) Form OAAN-7003, Request for Order relative to handling. It is there furnish applicants for jobs and unem Change in your Social Security Records, fore ordered that on and after the effec ployment compensation Forms SS-5. should be completed by any person who tive date hereof the handling of milk Form SS-5 is available also from direc wishes to correct or change the informa in the Chicago, Illinois, marketing area tors of internal revenue. tion he submitted previously. These shall be in conformity to and compliance (iii) The social security field offices may be obtained from any field office, with the terms and conditions of the will assign an account number to an ap from the Division of Accounting Opera aforesaid order, as amended, and as plicant on the basis of a completed Form tions, or from one of the sources men hereby further amended, and the afore SS-5. If it appears probable that an tioned earlier where Forms SS-5 may be said order, as amended, is hereby fur account number has been previously obtained. The completed request for ther amended as follows: established for any applicant, his appli change in records may be submitted to any office of the Bureau. 1. In § 941.52 (a) (3) change the pe cation is checked against the central riod at the end of the sentence to a colon' files located in the Division of Accounting (2) Employer’s identification number. and add the following proviso: “Provided, Operations, Bureau of Old-Age and Sur (i) For every State or instrumentality That this subparagraph shall not apply vivors Insurance, Candler Building, of two or more States which enters into in September and October 1953.” Baltimore 2, Maryland. In such case, if an agreement with the Secretary of 2. In § 941.52 (b) (3) change the pe the applicant states that he needs a Health, Education, and Welfare under riod at the end of the sentence to a social security card at once, the field section 218 of the Social Security Act, colon and add the following proviso: office prepares and gives to the applicant the Division of Accounting Operations “Provided, That this subparagraph shall Form OAAN-5028, Temporary Unnum assigns an employer’s identification not apply in September and October bered Card. number to each State and each political subdivision or each instrumentality in 1953.” (iv) As soon as it is determined that no account has been previously estab cluded in the agreement. The Division (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. lished for an applicant, the field office sends to the appropriate official of the and Sup. 608c) prepares and delivers Form OA-702, Ac State or instrumentality a Form OAR- Issued at Washington, D. C., this 28th count Number Card. The card shows 814, “Notice of Employer Identification day of August 1953, to be effective on the applicant’s name and the number Number,” for each number assigned, and after the 1st day of September 1953. of his social security account. and, where appropriate, Form GAR-5002, (v) The Division of Accounting Oper “Register of Employer Identification [ s e a l ] T r u e D. M orse, ations uses the Forms SS-5 and dupli Numbers Issued,” covering all the num Acting Secretary of Agriculture. cate copies of the Forms OA-702 to bers assigned to the State or its political [F. R. Doc. 53-7706; Filed, Sept. 2, 1953; establish the necessary records for the subdivisions. 8:49 a. m.] maintenance of individual records of (ii) For all employers other than earnings. The duplicate copies o f Form States, political subdivisions, or instru OA-702 are sent to State employment mentalities, identification numbers are TITLE 20— EMPLOYEES’ security offices which want them for use issued by directors of internal revenue BENEFITS in establishing a numerical file of ac and the appropriate procedures will be count numbers in that office. Form SS-5 found in the Bureau of Internal Revenue Chapter III— Bureau of Old-Age and is retained by the Division of Accounting sections of the Code of Federal Regula Survivors Insurance, Social Security Operations for use in identifying the tions (see 26 CFR 402.501). Administration, Department of individual to whom the account number (b) Records of earnings— (1) Main Health, Education, and Welfare is assigned. tenance of records of earnings, (i) Field (vi) In the event that a social security Offices furnish employers with informa P art 422— S tatements of P rocedure card is lost or damaged, an individual tion on the established methods for in suring correct and complete reporting. MISCELLANEOUS AMENDMENTS may obtain a duplicate card bearing the same account number. Any social se (ii) If an employer reports an em Part 422 of Title 20, Code of Federal curity field office will issue a duplicate ployee without an account number, the Regulations (20 CFR 422.1 et seq.), is card at once upon presentation by an Division of Accounting Operations cor amended as follows: individual of the lower portion of the responds with the employer regarding 1. Section 422.1 is amended to read: account number card previously issued each of the incompletely reported earn § 422.1 Procedures of the Bureau of to him. ings items. The employer is asked to Old-Age and Survivors Insurance— (a) (vii) An individual may obtain a du furnish the missing account number or Account and identification numbers— plicate account number card by sub other identifying information. When (1) Individual’s account number, (i) mitting a properly completed Form SS-5, an employer is unable to furnish the The Bureau maintains a record of the Application for Social Security Account employee’s account number or satisfac earnings reported for each individual. Number, noted “Duplicate Requested” to tory identifying information and does Every individual who has a social security any field office or to the Division of Ac furnish an address for the employee, the account receives a social security account counting Operations, Baltimore 2, Md. Division of Accounting Operations cor number card. The individual’s name, A facsimile Form SS-5 is attached to responds with the employee and requests together with the number on his card, Form Letter OAAN-L7012, sent to appli him to furnish the necessary informa identifies his account so that the wages cants by field offices in response to a tion so that the earnings reported may or self-employment income reported on letter requesting a duplicate card, if the be properly posted to his account. F°r informational returns can be properly letter contains insufficient identifying self-employment earnings items report posted to his record. The form which information. If an individual is in ur ed without an account number, the an individual uses to apply for an ac- gent need of a duplicate account num Division of Accounting Operations cor- Thursday, S e p t e m b e r 3, 1953 FEDERAL REGISTER 5345 responds with the self-employed indi earnings credited to his social security purpose of determining insurance bene vidual to obtain the missing account account he may request a revision by fits under Title II of the Social Security number. executing Form OAR-7008, Statement of Act to railroad employees who have less (iii) If an employer reports an em Employment and Self-Employment. than 10 years of railroad employment ployee under an account number or These forms may be obtained at any field and to certain dependents and survivors name different from that shown on the office or from the Bureau of Old-Age and of such employees. Where railroad em employee’s account number card and the Survivors Insurance, Candler Building, ployees have 10 years or more of railroad Division of Accounting Operations is Baltimore 2, Md. Upon receipt of this employment, such compensation and unable to identify the employee from its form the Bureau will initiate an investi earnings will be combined under certain records, correspondence is initiated with gation of his records of earnings. conditions to determine insurance bene the employer regarding such unidenti (ii) Field offices are authorized to in fits under Title II for certain survivors fied incorrectly reported earnings items. vestigate questions of coverage raised of such employees. Procedure has been When an employer is unable to furnish by individuals and requests for revision established whereby the Bureau and the the corrected information and does fur of records of earnings which cannot be Railroad Retirement Board exchange nish an address for the employee, the resolved through examination of the Di information regarding earnings and Division of Accounting Operations cor vision of Accounting Operations records. compensation. responds with the employee requesting In conducting such investigations, field (c) Claims procedure. (1) The field him to furnish the necessary informa office representatives may request em offices provide local facilities for the tion so that the earnings reported may ployers and employees to submit infor public to file claims and to obtain assist be properly posted to his account. When mation concerning the employment in ance in perfecting them. To become en self-employment earnings items are question. On the basis of information titled to any benefit or payment or to a reported with an incorrect name or submitted, the field office may determine, recomputation of benefits, the appro account number and the Division of Ac subject to review, whether the employ priate application form, which can be counting Operations is unable to identify ment is covered by the Social Security obtained from any field office, must the individual from its records, corre Act. In the event that earnings cannot be filed with a Bureau office. (See spondence is initiated with the self-em be established on the basis of the records §§ 404.601 and 403.701 of this chapter.) ployed individual. of the employer, the field office will ac The application forms and related forms (iv) If an employer or self-employed cept earnings evidence on behalf of the used by the public to file claims are as individual fails to reply to the Division employee and will determine, subject to follows; of Accounting Operations’ correspond review, whether the evidence is sufficient I. OA-Cl, Application for Old-Age Insur ence regarding incompletely or incor to establish payment of the alleged, ance Benefits. rectly reported earnings items, copies of earnings. k 2. OA-Cl.1, Application for Recomputation such correspondence are forwarded to (iii) When self-employment income is of Primary Insurance Amount. the field office servicing the employer or involved, field offices will contact the 3. OA-C1.2, Application for Recomputation self-employed individual. The copy of self-employed individual to determine of Primary Insurance Amount Based on Additional Work Since 1950. the correspondence is used by the field whether or not an income tax return 4. OA-C2, Application for Wife’s Insurance office in making an educational contact (schedule Ca) had been filed or if the Benefits. with the employer or self-employed indi self-employed activity was covered under 5. OA-C3, Husband’s Certification (this vidual to improve his reporting practices, the provisions of the Social Security Act. form is part of the wife’s application, Form to improve his response to correspond From these contacts, the field office may OA-C2 above). ence received from the Division of Ac advise the individual to contact the Di 6. OA-C4, Application for Insurance Bene counting Operations, and to secure the rector of Internal Revenue and file a fits for Child of Living Wage Earner or Self- necessary information. Employed Person. tax return; that his self-employment ac 7. OA-C5, Application for Survivors Insur (v) The Division of Accounting Oper tivity was not covered; to submit evi ance Benefits (to be used by applicant for ations also corresponds with employers dence of having filed a tax return; and widow’s benefits, mother’s benefits, chil when the employer continually reports of action to be taken to establish his dren’s benefits). an employee under the same incorrect self-employment income. 8. OA-C6, Application on Behalf of Child identifying information. In such cases, (iv) After the field investigation has for Survivors Insurance Benefits. if the employer fails to correct his rec been completed, and the results reviewed 9. OA-C7, Application of Parent for Sur ords on the basis of correspondence by the Division of Accounting Opera vivors Insurance Benefits. 10. OA-C8, Application for Lump-Sum received from the Division of Accounting tions, the Bureau notifies the individual Death Payment. Operations, the field office servicing the of the status of his record of earnings. II. OA-CIO, Application for Widow’s or employer’s address is asked to make a The individual will also be informed of Widower’s Insurance Benefits (to be used personal call on the employer. any determinations with respect to earn where widow or widower had previously filed (2) Statements of earnings. An inings or coverage questions which arose for monthly benefits or a lump-sum on the dividual may obtain a statement of earn from the investigation and of his right same account). ings recorded in his old-age and survivors to a reconsideration, hearing, or appeal. 12. OA-C11, Application for Substitution insurance account by filling out and of Payee (for-use when substitute payee files (v) Form OAR-L5069, Letter Advising application to receive insurance benefits on mailing Form OAR-7004, Request for Employee of an Adverse Adjustment to behalf of self, minor child, or incompetent Statement of Earnings, or by a signed His Account, is addressed to the employee beneficiary). written request giving his social security to notify him of the adverse adjustment 13. OA-C12, Application by Divorced Wife account number and date of birth ad received subsequent to the issuance of for Mother’s and Child’s Insurance Benefits. dressed to Bureau of Old-Age and the statement of earnings previously sent 14. OA-C13, Application for Widower’s In Survivors Insurance, Candler Building, to him. The employee is requested to surance Benefits. Baltimore 2, Md. Upon receipt of this notify the Bureau if he disagrees with 15. OA-C14, Application for Husband’s form or the required letter, the Buteau Insurance Benefits. the adjustment to his account. This 16. OA-C15, Wife’s Certification (this form forwards to the individual a Form OAR- notice of disagreement must be received is part of the husband’s application, Form 7°14, Statement of Amounts Recorded by the Bureau before the elapsed 6 OA-C14, above). in Your Old-Age and Survivors Insur months subsequent to the date indicated ance Account, containing the. requested on the letter or within three years, two (2) In addition to filing the appropri information. The Form OAR-7014 will months, and 15 days after-the year to ate application form, the claimant must show a grand total of earnings reported be adjusted, whichever is later. establish by satisfactory evidence the to date, the total for each of the last (4) Compensation credited under thematerial allegations in his application, three complete years, and the amount of Railroad Retirement Act combined with except as to earnings shown in the Bu earnings reported since the last complete earnings received for employment cov reau’s records. (See §§ 404.701 et seq. year. Itemized statements of earnings ered by the Social Security Act in certain of this chapter). Claims application jviu not be furnished unless the itemiza- cases. Under certain circumstances, forms, instructions, report forms, and uon is needed for purposes related to compensation credited under the Rail forms for the various proofs necessary utle II of the Social Security Act. road Retirement Act is combined with to support the claims are available to the (3 ) Wage discrepancies, (i) If an in earnings received for employment cov public in field offices, itinerant stations, dividual disagrees with statement of ered by the Social Security Act for the and detached official stations. These 5346 RULES AND REGULATIONS offices assist claimants in preparing their a request for a hearing of his case before be found in Regulations No. 3 (Part 403 applications and in obtaining the proofs a referee of the office of the Appeals of this chapter) which have, by refer required to support their claims. Claims Council. This request may be made on ence, been made a part of § 404.901 of adjudicated in the field offices are re Form AC-501, Request for Hearing, Regulations No. 4 (Part 404 of this viewed by one of the six area offices of which may be obtained at any referee’s chapter), under the following subjects the Bureau. Applications filed with the office or any office of the Bureau. In and section numbers. Railroad Retirement Board shall be stead of executing the form, the request Right to hearing; § 403.709 (a). deemed filed with the Bureau as of the for hearing may be made by an informal Time and place of filing request for hear date such forms were filed with the letter. The executed form or informal ing; §403.709 (b ). Railroad Retirement Board where com letter may be filed at or mailed to any Parties to a hearing; §403.709 (c). pensation credited under the Railroad office of the Bureau or the office of any Referee; §403.709 (d ). Retirement Act is considered in deter referee or the office of the Appeals Time and place of hearing; § 403.709 (e). Council. The request must be made Subpoenas; §403.709 (f). mining entitlement and the amount of Conduct of hearing and evidence; § 403.709 within 6 months from date of mailing of benefits payable under the Social Secu (g ). rity Act. The area office notifies claim notice of the Bureau’s initial determina Joint Hearings; § 403.709 (h ). ants of the action taken on their claims, tion or within 3 months from date of Waiver of right to appear and present evi informing them at the same time of their mailing of notice of the Bureau’s re dence; § 403.709 (i). right to a reconsideration, hearing, or considered determination. This time Dismissal of request for hearing; § 403.709 appeal. may be extended by a referee upon a ( j ) . (3) Legislation enacted in 1946 ex showing of good cause. Referee’s decision remanding to Bureau, or certification to Appeals Council; § 403.709 tends protection of the survivors provi (b) Hearing by referee. The referee (k ) . sions of the Social Security Act in certain holds a hearing, upon 10 days’ notice to Effect of referee’s decision or revision by instances to survivors of servicemen who the claimant unless such notice is waived, Bureau; § 403.709 (1). served in World War I I and who died at a place reasonably convenient to a Procedure before Appeals Council on certi within 3 years after a discharge occur claimant. A stenographic record of the fication by the referee; § 403.710 (a ). ring prior to July 27, 1951. In addition, testimony taken at the hearing is made. Review of referee’s decision or Bureau’s re under the 1950 amendments to the act, This record is not transcribed except vised determination; § 403.710 (b ). where necessary in the judgment of the Procedure before Appeals Council on re wage credits of $160 for each month or view of referee’s decision or Bureau’s revised fraction thereof are allowed, in certain referee or where required by law. The determination; § 403.710 (c). cases, for periods of active military or referee may render a decision or certify Decision by Appeals Council or remanding naval service during World War n the case to the Appeals Council in Wash of case; § 403.710 ( d ) . (September 16, 1940, to July 24,1947), in ington for decision. In either case the Effect of Appeals Council’s decision or re determining entitlement to and comput claimant is furnished with a copy of the fusal to review; § 403.710 (e>. ing monthly benefits for months after decision. Extension of time; § 403.711 (a). August 1950. Also, the 1952 amend (c) Review of referee’s decision by Revision for error; § 403.711 (b ). Hearing and review in cases involving war ments provide similar wage credits of Appeals Council. If a claimant is dis time maritime services in the employ of the $160 for each month of active service satisfied with the referee’s decision he United States and certain services in the beginning with the end of World War II may file a request for review of the de employ of the Bonneville Power Administra through December 31, 1953. This ap cision by the Appeals Council in Wash tion; § 403.711a. plies to monthly benefits for months ington. This request may be made on after August 1952. These wage credits Form AC-520, Request for Review of 4. Section 422.7 is amended to read: are determined at the time of application Referee’s Decision, which may be ob § 422.7 Inspection of official records. for benefits and are not made part of tained at any referee’s office or office Section 1106 of the Social Security Act the records of earnings. of the Bureau, or the request for review prohibits disclosure of any official rec (4) Recipients of monthly benefits are may be made by an informal letter. ords, except as prescribed by regulations obligated to report to the Bureau the oc The request may be filed at or mailed of the Secretary of Health, Education, currence of certain events which suspend to any referee’s office, any office of the and Welfare. Circumstances under or terminate benefits. A post card, Form Bureau, or the office of the Appeals which disclosure may be made are set OA-C611a, for reporting these events is Council in Washington. Such request out in Part 401 of tnis chapter. given the claimant at the time he files must be made within 30 days after the (Sec. 1102, 49 Stat. 647, as amended; 42 U. S. application for benefits. Additional ones date of mailing of the referee’s notice of C. 1302. Interpret or apply sec. 205, 49 Stat. may be obtained from any field office. decision. It is within the discretion of 624, as amended, sec. 218, 64 Stat. 514; 42 (d) Reconsideration and hearing.the Appeals Council to grant or deny U , S. C. and Sup., 405, 418) the request for review. I f it denies the Provisions regarding requests for recon [ seal] W. L. M itchell, sideration of Bureau determinations are request the referee’s decision stands as Acting Commissioner of contained in §§ 404.901, 403.707 and the final decision of the Department of Social Security. 403.708, of this chapter. Provisions re Health, Education, and Welfare. If the garding requests for hearing with re request for review is granted the Appeals Approved: August 27, 1953. spects to Bureau determinations are Council renders a decision either with or N elson A. R ockefeller, contained in §§404.901, 403.707 and without the taking of further evidence. Acting Secretary of Health, Edu 403.709-403.71 la, inclusive, of this chap The Appeals Council also renders a de cation, and Welfare. ter. Such requests may be filed with any cision in cases which are certified to it by a referee. [P. R. Doc. 53-7696; Piled, Sept. 2, 1953; Bureau office. 8:46 a. m.] (d) Judicial review. A claimant may 2. Section 422.2 is amended to read: secure a court review of a decision by a § 422.2 Inspection of official records. referee, if the Appeals Council has denied TITLE 21— FOOD AND DRUGS Section 1106 of the Social Security Act the claimant’s request for review, or of prohibits disclosure of any official records a decision by the Appeals Council by in Chapter I— Food and Drug Adminis except as prescribed by regulations of stituting a civil action in the United tration, Department of Health, Edu the Secretary of Health, Education, and States District Court of his residence. cation, and Welfare Welfare. Circumstances under which Such action must be filed within 60 days disclosure may be made are set out in of the Appeals Council's notice of denial P art 141— T ests a n d M ethods of Assay Part 401 of this chapter. of request for review of the referee’s de for A n t ib io t ic and A n t ib io t ic -C on cision or notice of decision by the Ap t a in in g DRUGS 3. Section 422.6 is amended to read: peals Council. This time may be ex P art 146— C ertification of B atches of § 422.6 Procedures of . the Appeals tended by the Appeals Council upon a A n t ib io t ic and A n t ib io t ic -C ontaining Council— (a) Request for hearings by showing of good cause. D rugs referee. A claimant who is dissatisfied (e) Where detailed procedural regu with a determination of the Bureau of lations are located. Detailed proce MISCELLANEOUS AMENDMENTS Old-Age and Survivors Insurance of the dural regulations relating to the work By virtue of the authority vestedinth® Social Security Administration may file of the office of the Appeals Council may Secretary by the provisions of the Fea- Thursday, September 3, 1953 FEDERAL REGISTER 5347 eral Pood, Drug, and Cosmetic Act (sec. 3. In § 146.47 Procaine penicillin for an expiration date of 48 months for pro 507, 59 Stat. 463, as amended by 61 Stat. aqueous infection, subparagraph (1) caine penicillin and for procaine peni 11, 63 Stat. 409; sec. 701, 52 Stat. 1055; (iii) of paragraph (c)' Labeling is cillin for aqueous injection, provided the 21U. S. C. 357, 371; 67 Stat. 18), the regu amended by inserting between the words manufacturer has proved that his prod lations for tests and methods of assay “ which is* and “ 18 months” the words ucts are stable for such period of time; for antibiotic and antibiotic-containing “ 48 months, if it is the dry mixture of the and for the use of streptomycin sulfate drugs (21 CFR, 1952 Supp., Part 141) drug, and” and by inserting between the oral veterinary in the preparation of vet and certification of batches of antibiotic words “ 24 months” and “ after the erinary streptomycin tablets, shall be and antibiotic-containing drugs (21 CFR, month” the words ", if it is the aqueous come effective upon publication in the 1952 Supp., Part 146; 18 F. R. 2335, 2786) suspension of the drug,” . F ederal R eg ister , since both the public are amended as indicated below: 4. Part 146 is amended by adding the and the affected industry will benefit by 1. Part 141 is amended by adding the following new section: the earliest effective date, and I so find. following new section: § 146.89 Procaine penicillin-strepto Notice and public procedure are not § 141.65 Procaine penicillin-strepto mycin-neomycin in oil, procaine peni- necessary prerequisites to the promulga mycin-neomycin in oil, procaine penicil- cillin-dihydrostreptomycin-neomycin in tion of this order, and I so find, since it lin-dihydrostreptomycin-neomycin in oil. Procaine penicillin-streptomycin- was drawn in collaboration with inter oil—(a) Potency— (1) Penicillin con neomycin in oil or procaine penicillin- ested members of the affected industry tent, streptomycin content, dihydro dihydrostreptomycin-neomycin in oil and since it would be against public in streptomycin content. Proceed as conforms to all requirements and is sub terest to delay providing for the afore said amendments. directed in § 141.38 (a) (1), (2), and (3). ject to all procedures prescribed by (2) Neomycin content, (i) If it con § 146.57 for procaine penicillin and Dated: August 27, 1953. tains streptomycin, proceed as directed streptomycin in oil and procaine peni [ s e a l] N e l s o n A. R o c k e f e ll e r , in § 141.410 (b) (1), except prepare the cillin and dihydrostreptomycin in oil, Acting Secretary. sample as directed in § 141.49 (a) (2) (i) except that: and (ii). (a) It contains not less than 7.5 milli |Fi R. D oc. 53-7697; Filed, Sept. 2, 1953; (ii) If it contains dihydrostreptomy grams of neomycin per milliliter. The 8:47 a. m.] cin, proceed as directed in § 141.410 (b) neomycin used conforms to the require (1), except prepare the sample as fol ments prescribed for neomycin by lows: Place 1.0 milliliter of the sample in § 146.410 (a) (2). a separatory funnel containing approxi (b) Each package shall bear on the P art 146— C ertification o f B atc h e s o f mately 50 milliliters of peroxide-free outside wrapper or ccntainer and the im A n t ib io t ic and A n t ib io t ic -C o n t a in in g ether and extract with four successive mediate container the number of milli D r u g s 20-milliliter portions of distilled water. grams of neomycin in each milliliter of ANIMAL FEED CONTAINING ANTIBIOTIC DRUGS Make the combined aqueous extractions the batch, and its expiration date shall to 100 milliliters with distilled water. be 12 months after the month during Under authority provided in the Fed Transfer a 10-milliliter aliquot of the which the batch was certified. eral Food, Drug, and Cosmetic Act (sec. aqueous extract to a 25-milliliter volu (c) In addition to complying with the 507 (c), 59 Stat. 463, as amended by 61 metric flask and add 1.0 milliliter of 5- requirements of § 146.57 (a) (4), a per Stat. 11, 63 Stat. 409; 21 U. S. C. 357 ( c ) ; percent Ba(0H)2-8H20. Using a test- son who requests certification of a batch 67 Stat. 18), I find that the requirements tube clamp, suspend the open flask in a of procaine penicillin-streptomycin- of sections 502 (1) and 507 of the act steam bath so that the mouth of the neomycin in oil or procaine penicillin- with respect to animal feed containing flask is slightly above the level of the dihydrostreptomycin-neomycin in oil certifiable antibiotics and 0.0375 percent steam bath. Heat with steam for 3 shall submit with his request a statement di-n-butyl tin dilaurate, when used for hours; remove, cool, add one drop of 1.0- showing the number of milligrams of certain conditions, are no longer neces percent phenolphthalein and neutralize neomycin in each milliliter of the batch, sary to insure safety and efficacy of such drop wise with 1.0 N H2S04. Make to the batch mark, and (unless it was pre drugs when used in such manner, and volume with distilled water and pour a viously submitted) the results and the hereby promulgate the following amend reasonable aliquot into an appropriate date of the latest tests and assays of the ment^ exempting such drugs from the centrifuging tube. Centrifuge for 5 neomycin used in making the batch for requirements: minutes at approximately 4,000 r. p. m. potency, toxicity, moisture, and pH. He 1. The introductory sentence of and decant. Pipette an appropriate shall also submit in connection with his § 146.62 Animal feed containing peni volume for assay and accurately add request a sample consisting of not less cillin * * * is amended by changing the sufficient 1.0 M potassium phosphate than 5 immediate containers of the batch words “paragraphs (a) through (h ), in buffer pH 8.0 to provide, after addition and (unless it was previously submitted) clusive, of this section, as follows:” to of distilled water, a solution having a a sample consisting of 5 packages con read “the following paragraphs:”. molarity of 0.1 percent with respect to taining approximately equal portions of 2. Section 146.62 Animal feed contain the potassium phosphate buffer and con not less than 0.5 gram each of the ing penicillin * * * is further amended taining 10 micrograms of neomycin per neomycin used in making such batch. by adding the following new paragraph: milliliter. (d) The fee for the services rendered (i) It is intended for use solely, in the (b) Moisture. Using 1 milliliter as with respect to each immediate container prevention of coccidiosis and hex- the test sample, proceed as directed in in the sample of neomycin submitted in amitiasis outbreaks in turkey flocks, its §141.7 (c). ' accordance with the requirements pre labeling bears adequate directions and (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371) scribed therefor by this section shall be warnings for such use, and it contains $4.00. di-n-butyl tin dilaurate in a quantity, 2. In § 146.44 Procaine penicillin * * *, by weight of feed, of 0.0375 percent. subparagraph (3) of paragraph (c) 5. In § 146.104 Streptomycin tablets Labeling is amended by changing the * * *, paragraph (a) Standards of (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371) identity * * * is amended by deleting semicolon at the end thereof to a comma This order shall become effective upon and adding the following: “ except that the period at the end of the fifth sentence and adding the following: “or in the publication in the F ederal R eg ist e r , the blank may be filled in with the date since both the public and the affected which is 48 months after the month dur case of tablets for veterinary use, strep tomycin sulfate oral veterinary conform industry will benefit by the earliest effec ing which the batch was certified, if the tive date, and I so find. Person who requests certification has ing to the standards in § 146.114 (a) may be used.” Notice and public procedure are not submitted to the Commissioner results necessary prerequisites to the promulga of tests and assays showing that after (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371) tion of this order, and I so find, since it having been stored for such period of This order, which provides for the was drawn in collaboration with in time such drug as prepared by him com .certification of two new antibiotic drugs, terested members of the affected in plies with the standards prescribed by procaine penicillin-streptomycin (or di- dustry, since it would be against public Paragraph (a) of this section;”. hydrostreptomycin) -neomycin in oil; for interest to delay providing for the afore- No. 173------2 5348 RULES AND REGULATIONS said amendments, and since it condi atives, the Captain of the Port is author sons responsible therefor to the penalties tionally relaxes existing requirements. ized to issue a permit for each transaction of fine and imprisonment provided in of handling, loading, discharging, or Dated: August 27, 1953. section 2, Title II of the act of June 15 transporting designated dangerous cargo 1917, as amended, 50 U. S. C. 192. [ s e a l ] N e l s o n A. R o c k e f e ll e r , at such waterfront facility provided the Acting Secretary. following requirements are met: 5. Section 126.27 is amended to read as follows: [P. R. Doc. 53-7698; Filed, Sept. 2, 1953; (1) The facility shall comply in all 8:.47 a. m.] respects with the regulations in this sub § 126.27 General permit for handling chapter. dangerous cargo. A general permit is (2) The quantity of designated dan hereby issued for the handling, storing, TITLE 33— NAVIGATION AND gerous cargo, except military explosives stowing, loading, discharging, and trans NAVIGABLE WATERS shipped by or for the Armed Forces of porting of dangerous cargo (other than the United States, on the waterfront designated dangerous cargo) at desig Chapter I— Coast Guard, Department facility and vessels moored thereto shall nated waterfront facilities, conditioned of the Treasury not exceed the limits as to maximum upon the observance and fulfillment of quantity, isolation and remoteness es the following: Subchapter L— Security of Waterfront Facilities tablished by local, municipal, territorial, (a) The conditions set forth in § 126.15 [CGFR 53-27] or State authorities. Each permit is shall at all times be strictly observed. sued under these conditions shall specify (b) The following classes of dangerous P art 126— H a n d l in g of E x p lo siv e s or that the limits so established shall not cargo as classified in the regulations en O ther D an g e r o u s C argoes W i t h in or be exceeded. titled “Explosives or Other Dangerous C o n t ig u o u s to W aterfr o nt F a c il it ie s (3) The quantity of designated dan Articles on Board Vessels” (46 CFR 146), HANDLING OF EXPLOSIVES gerous cargo consisting of military ex in the amounts specified, shall not be plosives shipped by or for the Armed handled, stored, stowed, loaded, dis Notice regarding proposed changes in Forces of the United States on the charged, or transported at any one time, the regulations governing the handling waterfront facility and vessels moored except on waterfront facilities used pri of explosives or other dangerous cargoes thereto shall not exceed the limits as to marily for the transfer of railway or within or contiguous to waterfront facili maximum quantity, isolation and re highway vehicles to or from cargo ves ties was published in the F ederal R e g is moteness as established by the Captain sels or carfloats, without notification to ter dated February 13,1953, 18 F. R . 882, of the Port. Each permit issued under the Captain of the Port: as Item X IV on the agenda to be con these conditions shall specify that the (1) Explosives, Class B, in excess of 1 sidered by the Merchant Marine Council ton. and a public hearing was held by the limits so established shall not be ex ceeded. (2) Explosives, Class C, in excess of 10 Merchant Marine Council on March 24, tons. 1953, in Washington, D. C. No com 3. Section 126.21 is amended to read (3) Inflammable liquids, in contain ments were submitted by the public. as follows: ers, in excess of 10 tons. The purpose for amending 33 CFR § 126.21 Permitted transactions. All (4) Inflammable jsolids or oxidizing 126.17, 126.19, 126.21, 126.25, and 126.27 is to revise the requirements governing permits issued pursuant to § 126.19 are materials, in excess of 100 tons. hereby conditioned upon the observance the handling of explosives or other (5) Inflammable compressed gases, in and fulfillment of the following: dangerous cargoes within or contiguous excess of 10 tons. to waterfront facilities in order that (a) The conditions set forth in § 126.15 (6) Poison, Class A, or Radioactive such requirements will be consistent with shall at all times be strictly observed. materials, Class D (Groups I and II), in the Dangerous Cargo Regulations in 46 (b) No amount of designated danger any amount. CFR Part 146 and will carry out the in ous cargo, except military explosives (c) Inflammable liquids and com tent of the act of July 16, 1952 (Pub. shipped by or for the Armed Forces of pressed gases shall be so handled and Law 562, 82d Cong.), which further the United States, in excess of the max stored as to provide maximum separa amended R. S. 4472 (46 U. S. C. 170). imum quantity established by local, mu tion between freight consisting of acids, By virtue of the authority vested in nicipal, territorial, or State authorities corrosive liquids, or combustible ma me as Commandant, United States Coast shall be present on the waterfront fa terials. Storage for inflammable solids Guard, by Executive Order 10173, as cility and vessels moored thereto. or oxidizing materials shall be so ar amended, the following amendments are (c) Designated dangerous cargo shall ranged as to prevent moisture coming in prescribed which shall become effective not be brought onto the waterfront fa contact therewith. ninety days after the date of publication cility from shore except when laden (d) Acids and corrosive liquids shall in the F ederal R e g ister : within a railroad car or highway vehicle be so handled and stored as to prevent 1. Section 126.17 is amended to read as and shall remain In such railroad car or such acids and liquids in event of leakage follows: highway vehicle except when removed as from contacting any organic materials. an incident of its-prompt transshipment. § 126.17 Permits required for han (e) Poisonous gases and poisonous Designated dangerous cargo shall not be liquids shall be so handled and stored dling designated dangerous cargo. Des brought onto the waterfront facility ignated dangerous cargo may be handled, as to prevent their contact with acids, from a vessel except as an incident of corrosive liquids, or inflammable liquids. loaded, discharged, and transported at its prompt transshipment by railroad car (f) Dangerous cargo which may be any designated waterfront facility only or highway vehicle. stored on the waterfront facility shall if a permit therefor has been issued by (d) No other dangerous cargo shall be' be arranged in such manner as to retard the Captain of the Port, except that no on the waterfront facility during the the spread of fire. This may be accom permit shall be required for the handling, period of transactions involving desig plished by interspersing piles of danger loading, discharging, or transporting of nated dangerous cargo, unless its pres ous freight with piles of inert or less such cargoes to or from, on or across, a ence is authorized by the Captain of the combustible materials. waterfront facility used for the transfer Port. This shall not apply to mainte of railroad vehicles to or from a railroad (40 Stat. 220, as amended; 50 TT. S. C. 191» nance stores and supplies on the water E. O. 10173, Oct. 18, 1950, 15 P. R. 7005, 3 CFR. carfloat when such cargoes are not re front facility in conformity with § 126.15 moved from, or placed in, the railroad 1950 Supp., as amended by E. O. 10277, Aug. vehicle while in or on such waterfront (g ). 1, 1951, 16 P. R. 7537, 3 CPR, 1951 Supp., E. 0. facility. 10352, May 19, 1952, 17 P. R. 4607; 3 CFR, 4. Section 126.25 is amended to read 1952 Supp.) 2. Section 126.19 is amended to read as as follows: Dated: August 27, 1953. follows: § 126.25 Penalties for handling desig § 126.19 Issuance of permits for han nated dangerous cargo without permit. [ s e a l ] M e r l in O ’N e ill , Handling, loading, discharging, or trans Vice Admiral, U. S. Coast Guard. dling designated dangerous cargo, (a) Commandant. Upon the application of the owners or porting any designated dangerous cargo operators of a designated waterfront without a permit, as provided under [P. R. Doc. 53-7715; Filed, Sept. 2, 1953? facility or of their authorized represent- S 126.17, being in force, will subject per* 8:51 a. m.] Thursday, S e p t e m b e r 3, 1953 FEDERAL REGISTER 5349
NOTICES
for certificates issued under the general departm ent o f t h e t r e a s u r y in writing, in appropriate cases, that the products or services to be furnished by learner regulations (§§ 522.1 to 522.14) Office of the Secretary any bakery, laundry, or dry-cleaning are as indicated below; conditions pro facilities proposed for construction, re vided in certificates issued under special [Treasury Department Order 167-4] placement, or reactivation are not ob industry regulations are as established [CGFR 53-40] tainable from commercial sources at in these regulations. Single Pants, Shirts and Allied Gar Co m m a n d a nt, U. S. C oast G uard reasonable rates. 2. The Assistant Secretary of Defense ments, Women’s Apparel, Sportswear delegation o f a u t h o r it y w i t h respect (Properties and Installations) shall not and Other Odd Outerwear, Rainwear, TO CERTAIN FUNCTIONS PERTAINING TO redelegate the authority contained Robes and Leather and Sheep-Lined LIGHTHOUSE KEEPERS herein. Garments Divisions of the Apparel In Pursuant to the authority vested in R oger M . K y e s , dustry Learner Regulations (29 CFR me as Secretary of the Treasury, includ Acting Secretary of Defense. 522.160 to 522.168, as amended Decem ber 31, 1951, 16 F. R. 12043; and June 2, ing the authority in title 14, United A u g u s t 22, 1953. States Code, specifically sections 92, 631, 1952, 17 F. R. 3818). and 633, and the authority in Reorgan [P. R. Doc. 53-7689; Filed, Sept. 2, 1953; Bali Brassiere Manufacturing Co., Bedford ization Plan No. 26 of 1950 (15 F. R. 8:45 a. m.] Street, Geistown, Pa., effective 8-21-53 to 4935), there are hereby delegated to the 2-20-54; 40 learners for expansion purposes Commandant, United States Coast (brassieres). Guard, the functions of the Secretary of DEPARTMENT OF COMMERCE Bedford Manufacturing Corp., 381 Pleasant Street, Pall River, Mass., effective 8-20-53 to the Treasury set forth below. The Com Office of the Secretary 8-19-54; 10 percent of the factory production mandant is authorized to redelegate any workers for normal labor turnover purposes U nd e r S ecretaries and A ssis t a n t function herein delegated to the extent (ladies’ house dresses). that he may deem to be necessary or S ecretaries o f C o m m er c e Burch Manufacturing Co., 7931 South appropriate. The functions herein dele DELEGATIONS OF AUTHORITY UNDER REOR Seventh Avenue, Birmingham, Ala., effective 8-16-53 to 8-15-54; 10 learners for normal gated include those vested in me by GANIZATION PLAN NO. 5 OF 1950 (1) 33 U. S. C. 747b, to prescribe rules labor turnover purposes (shirts). Pursuant to the authority vested in me Chetopa Manufacturing Co., Inc., Chetopa, for paying actual and necessary travel by Reorganization Plan No. 5 of 1950, Kans., effective 8-17-53 to 2-16-54; 10 learners ing expenses of lighthouse keepers at each Under Secretary of Commerce and for expansion purposes (work pants and isolated stations incurred in obtaining Assistant Secretary of Commerce is waistband overalls). medical, attention; Colonial Fashions, Inc., 114 North Union hereby authorized to designate an official Street, Petersburg, Va., effective 8-21-53 to (2) 33 U. S. C. 748, to prescribe regu or officials who report directly to him or lations for the payment of traveling and 2-20-54; 75 learners for expansion purposes who are in some line of authority under subsistence expenses of teachers while (dresses and blouses). his jurisdiction, to serve for him in his Enterprise Manufacturing Co., Enterprise, actually employed by States or private absence or inability to serve, and to dele Ala., effective 8-19-53 to 2-18-54; 25 learners persons to instruct the children of gate authority to such official or officials for expansion purposes (dress shirts). keepers of lighthouses; to be responsible for and to exercise any Frances Gee Garment Co., Richmond, Mo., (3) 33 U. S. C. 748a, to prescribe regu effective 8-21-53 to 8-20-54; 10 percent of duties of the respective secretarial officer lations for the transportation of the the factory production workers for normal not inconsistent with the provisions of children of lighthouse keepers at isolated labor turnover purposes (cotton uniforms). any law. This authority shall not in M. Janowitch & Sons, Main and Market light stations where necessary to enable clude matters in which the personal sig such children to attend school. Streets, Mahanoy City, Pa., effective 8-21-53 nature of a secretarial officer is required to 8-20-54; 10 percent of the factory pro Dated: August 17, 1953. under specific law, order or regulation. duction workers for normal labor turnover purposes (cotton and rayon dresses). [ seal] H. C h a p m a n R o s e , This notice is effective July 30, 1953. Lemont Pants Co., Inc., 310 Illinois Street, Acting Secretary of the Treasury. Lemont, 111., effective 9—1—53 to 8-31-54; R obert B. M u r r a y , Jr., 4 learners for normal labor turnover pur [P. R. Doc. 53-7714; Piled, Sept. 2, 1953; Acting Secretary of Commerce. 8:51 a. m.] poses (men’s, boys’, girls’ slacks). McKenzie Pajama Corp., McKenzie, Tenn., [P. R. Doc. 53-7709; Filed, Sept. 2, 1953; effective 8-21-53 to 2-20-54; 35 learners for 8:50 a. m.] expansion purposes (pajamas). DEPARTMENT OF DEFENSE Opp Textile Co., Ltd., Dothan-Andalusia Highway, Opp, Ala., effective 8-17-53 to Office of the Secretary DEPARTMENT OF LABOR 8-16-54; 10 percent of the factory production Assistant S ec r etar y o f D e f e n s e workers for normal labor turnover purposes Wage and Hour Division (cotton utility jackets). (P roperties and I nstallations ) Star Sportswear Manufacturing, Porch- L earner E m p l o y m e n t C ertificates DELEGATION OF AUTHORITY WITH RESPECT town Road, Iona, N. J., effective 8-17-53 to TO CERTIFICATION OF CONSTRUCTION, RE ISSUANCE TO VARIOUS INDUSTRIES 8-16-54; 10 learners for normal labor turn over purposes (cotton dress shorts and PLACEMENT OR REACTIVATION OF BAKERY, Notice is hereby given that pursuant LAUNDRY, OR DRY-CLEANING FACILITIES jackets). to section 14 of the Fair Labor Stand Tex Manufacturing Co., Inc., 1706 Texas By virtue of the authority vested in me ards Act of 1938, as amended (52 Stat. Street, El Paso, Tex., effective 8-19-53 to pursuant to section 202 (f ) of the Na 1068, as amended; 29 U. S. C. and Sup. 8-18-54; 10 learners for normal labor turn tional Security Act of 1947, as amended, 214) and Part 522 of the regulations over purposes (boys’, girls’, and ladies’ jeans 5 U. S. C. 171a, the following designation issued thereunder (29 CFR Part 522), and jackets). W right Manufacturing Co., P. O. Box 509, and delegation of authority is effective special certificates authorizing the em this date. Toccoa, Ga., effective 8-20-53 to 8-19-54; ployment of learners at hourly wage 10 percent of the factory production workers t. The Assistant Secretary of Defense rates lower than the minimum wage for normal labor turnover purposes (cotton (Properties and Installations) shall ex rates applicable under section 6 of the work clothing). ercise the functions, duties and authoritj act have been issued to the firms listed conferred on me by section 604 of the below. The employment of learners un Glove Industry Learner Regulations Military Public Works Appropriatior der these certificates is limited to the (29 CFR 522.220 to 522.231, as amended Act, 1952 (65 Stat. 766), by section 804 terms and conditions therein contained October 26, 1950, 15 F. R. 6888; and July of the Military Public Works Appropria and is subject to the provisions of Part 13, 1953, 18 F. R. 3292). tion Act, 1953 (66 Stat. 647), and bj 522. The effective and expiration dates, Brookville Glove Co., Indiana, Pa., effec section 804, Supplemental Appropria occupations, wage rates, number or pro tive 8-21—53 to 2-20-54; 5 learners for ex tion Act, 1954, (67 Stat. 429) to certifj portion of learners, and learning period pansion purposes (cotton work gloves). 5350 NOTICES
Portage Hosiery Co., 107 East Mullett Washington Missionary College, Takoma Opportunity Workshop of the Jewish Street, Portage, Wis., effective 8-19-53 to Park, Md., effective 9-1-53 to 8-31-54; print 8-18-54; 5 learners in the manufacture of shop— pressman, compositor, and related Vocational Service of Essex County, 652 mittens (mittens). skilled and semiskilled occupations; 6 High Street, Newark 2, N. J.; at a rate Wells Lemont Corp., Waynesboro, Miss., learners; 350 hours at 60 cents per hour, 325 of not less than 25 cents per hour. Cer effective 8—25—53 to 8-24-54; 10 percent of hours at 65 cents per hour, 325 hours at 70 tificate is effective August 6, 1953, and the total number of machine stitchers, or cents per hour; bindery shop— machine op expires February 28, 1954. 10 learners, whichever is greater (leather erator, band stitcher, and related skilled and Buffalo Goodwill Industries, Inc., 153 palm work gloves). semiskilled occupations; 3 learners; 200 hours North Division Street, Buffalo 3, N. Y.; at 60 cents per hour, 200 hours at 65 cents Hosiery Industry Learner Regulations per hour, 200 hours at 70 cents per hour; at a rate of not less than 20 cents per (29 CFR 522.40 to 522.51, as revised clerical— clerk, typist, stenographer, book hour for a training period of 60 hours November 19,1951; 16 F. R. 10733). keeper, and related clerical occupations; 3 in the contract department and 30 cents Morris Hosiery Mills, Denton, N. C., effec learners; 200 hours at 60 cents per hour, 200 thereafter and at a rate of not less than tive 8-18-53 to 8-17-54; 4 learners. hours at 65 cents per hour, 200 hours at 70, 20 cents per hour for a training period Portage Hosiery Co., Portage, Wis., effective cents per hour. of 60 hours in the Sorting Department 8-19-53 to 8-18-54; 5 percent of the total Each certificate has been issued upon and 50 cents thereafter. Certificate is number of factory production workers en the employer’s representation that em effective August 1, 1953, and expires gaged in the production of hosiery (not in July 31, 1954. cluding office and sales personnel). ployment of learners at subminimum rates is necessary in order to prevent Goodwill Industries, Inc., of Jackson Knitted Wear Industry Learner Regu curtailment of opportunities for employ ville, Florida, 6 North Newman Street lations (29 CFR 522.68 to 522.79, as ment, and that experienced workers for Jacksonville, Fla.; at a rate of not less amended January 21, 1952; 16 F. R. the learner occupations are not available. than 50 cents per hour for a training 12866). The certificates may be cancelled in the period of 80 hours and 50 cents there Blue Ridge Knitting Mill, Inc., Walnutport, manner provided in the regulations and after. Certificate is effective August 1, Tenn., effective 8-19-53 to 8-18-54; learners as indicated in the certificates. Any 1953, and expires July 31, 1954. (wool sweaters and miniature doll sets). person aggrieved by the issuance of any Georgia Association of Workers for Cynthiana Mills, Inc. Cynthiana, Ky., of these certificates may seek a review the Blind, 539 Courtland Street NE., effective 8-20—53 to 8-19-54; 5 percent of or reconsideration thereof within fifteen Atlanta, Ga.; at a .rate of not less than the total factory production force (not in 50 cents per hour for a training period of cluding office and sales personnel) (men’s days after publication of this notice in and boys’ woven undershorts). the F ederal R egister pursuant to the 160 hours in the workshop and 50 cents Lexington Industries, Inc., Lexington, provisions of Part 522. thereafter and at a rate of not less than Miss., effective 8-31-53 to 2-28-54; 25 learners 40 cents per hour for a training period Signed at Washington, D. C., this of 160 hours for the homebound and 40 for expansion purposes (women’s and misses’ 24th day of August 1953. underwear, nightwear, and negligees from cents thereafter. Certificate is effective knit and woven fabrics). M il t o n B r o o k e , August 1, 1953, and expires July 31,1954. Shoe Industry Learner Regulations Authorized Representative Georgia Factory for the Blind, Atlanta, (29 CFR 522.250 to 522.260, as amended of the Administrator. Plant, 59 Ormond Street SE., Atlanta, March 17, 1952; 17 F. R. 1500). [F. R. Doc. 53-7691; Filed, Sept. 2, 1953; Ga.; at a rate of not less than 50 cents 8:45 a. m.] per hour for a training period of 160 Carmo Shoe Manufacturing Co., Union, hours and 60 cents thereafter. Certifi Mo., effective 8-19-53 to 8-18-54; 10 percent of the number of productive factory workers cate is effective August 4, 1953, and ex in the plant. pires July 31, 1954. Wage and Hour and Public Contracts Goodwill Industries of Toledo, Inc., Regulations Applicable to the Employ Divisions 601 Cherry Street, Toledo 4, Ohio; at a ment of Learners (29 CFR 522.1 to rate of not less than 30 cents per hour 522.14). E m p l o y m e n t o f H a n d ica ppe d C l ie n t s b y for a training period of 40 hours and 50 S h e lter ed W o r k s h o p s Brinkley Pearl Works, Brinkley, Ark., ef cents thereafter. Certificate is effective fective 8—24—53 to 2-23—54; 5 learners; blank ISSUANCE OF SPECIAL CERTIFICATES August Id, 1953, and expires July 31, button cutters, 480 hours at 65 cents per 1954. hour for the first 320 hours and 70 cents per Notice is hereby given that special cer tificates authorizing the employment of Workshop for the Blind, 509 Sibley hour for the remaining 160 hours (button Street, St. Paul 1, Minn.; at a rate of not blanks). handicapped clients at hourly wage rates less than 65 cents per hour. Certificate lower than the minimum wage rates ap- The following special learner certifi 6 is effective August 1, 1953, and expires plicable under section of the Fair Labor August 1, 1954. cates were issued to the school-operated Standards Act of 1938, as amended, and industries listed below: section 1 (b) of the Walsh-Healey Pub The Volunteers of America, 320 North Campion Academy, Loveland, Colo., effec lic Contracts Act, as amended, have been Illinois Street, Indianapolis, Ind.; at a rate of not less than 35 cents per hour. tive 9-1-53 to 8—31—54; broom shop— broom issued to the sheltered workshops here maker,- stitcher, sorter, binder, and related inafter mentioned, under section 14 of Certificate is effective September 1,1953, skilled and semiskilled occupations; 8 learn the Fair Labor Standards Act of 1938, and expires August 31, 1954. ers; 150 hours at 60 cents per hour, 125 hours Inland Empire Goodwill Industries, as amended (sec. 14, 52 Stat. 1068; 29 at 65 cents per hour, 125 hours at 70 cents 130 East Third, Spokane, Wash.; at a U. S. C. 214, as amended, 63 Stat. 910), per hour. rate of not less than 40 cents per hour Emmanuel Missionary College, Berrion and Part 525 of the regulations issued for a training period of 80 hours and 50 Springs, Mich., effective 9-1-53 to 8-31-54; thereunder, as amended (29 CFR Part cents thereafter. Certificate is effective, bookbindery— bookbinder, bindery worker, 525), and under sections 4 and 6 of the and related skilled and semiskilled occupa September 1, 1953, and expires August Walsh-Healey Public Contracts Act 31, 1954. tions; 25 learners; 200 hours at 60 cents (secs. 4, 6, 49 Stat. 2038; 41 U. S. C. 38, per hour, 200 hours at 65 cents per hour, 200 The Volunteers of America, 1955 Post hours at 70 cents per hour; print shop— 40) and Article 1102 of the regulations issued pursuant thereto (41 CFR Street, San Francisco, Calif.; at a rate pressman, compositor, and related skilled and of not less than 40 cents per hour for a 201.1102). semiskilled occupations; 35 learners; 350 training period of 80 hours and 50 cents hours at 60 cents per hour, 325 hours at 65 The names and addresses of the thereafter. Certificate is effective Au cents per hour, 325 hours at 70 cents per sheltered workshops, wage rates and the gust 28,1953, and expires August 27,1954. hour; woodwork shop— assembler, (fu rn i effective and expiration dates of the Davis Memorial Goodwill Industries, ture) machine operator, furniture finisher, certificates are set forth below. In each 1218 New Hampshire Avenue NW., Wash and related skilled and semiskilled occupa case, the wage rates are established at ington, D. C.; at a rate of not less than tions; 55 learners; 250 hours at 60 cents per rates not less than the piece rate paid hour, 250 hours at 65 cents per hour, 250 non-handicapped employees engaged in 50 cents per hour. Certificate is effective hours at 70 cents per hour; clerical—book the same occupation in regular com August 1,1953, and expires July 31,1954. keeper, typist, and related skilled and semi mercial industry maintaining approved The employment of handicapped cli skilled occupations; 15 learners; 200 hours labor standards, or at wage rates stipu ents in the above-mentioned sheltered at 60 cents per hour, 200 hours at 65 cents lated in the certificate, whichever is workshops under these certificates is per hour, 200 hours at 70 cents per hour. higher. limited to the terms and conditions Thursday, S e p t e m b e r 3, 1953 FEDERAL REGISTER 5351 therein contained and is subject to the own and operate a television broadcast July 29, 1953, that the question of provisions of Part 525 of the regulations, station in Corpus Christi, Texas; and whether its proposed antenna system as amended. These certificates have It further appearing, that the K-Six and site would constitut'e a hazard to been issued on the applicants’ represen application was amended on June 19, air navigation was unresolved; and that tations that they are sheltered workshops 1953, to show a new antenna location Radio Roanoke, Incorporated, was ad as defined in the regulations and that and certain related engineering matters, vised by the letter of July 29, 1953, that special services are provided their handi and that the Fort Worth Regional Air certain questions were raised as the re capped clients. A sheltered workshop space Subcommittee notified K-Six Tele sult of deficiencies of a financial nature is defined as, “A charitable organization vision, Inc., by letter dated June 17,1953, in its application; and or institution conducted not for profit, that it has considered the new antenna It further appearing, that upon due but for the purpose of carrying out a site aAd has determined that the site will consideration of the above-entitled ap recognized program of rehabilitation for not be hazardous to aircraft operations plications, the amendments filed thereto, individuals whose earning capacity is in the area; and and the replies to the above letters, the impaired by age or physical or mental Ijt further appearing, that the Broad Commission finds that under section deficiency or injury, and to provide such cast Bureau in its “ Statement” of July 309 (b) of the Communications Act of individuals with remunerative employ 16, 1953, does not oppose the “Motion to 1934, as amended, a hearing is manda ment or other occupational rehabilitat Strike Issue and Amend Order” , stating tory; and that Times-World Corporation ing activity of an educational or thera that the records of the Commission show is legally and financially qualified to peutic nature.” that the antenna construction proposed construct, own and operate a television These certificates may be cancelled in by K-Six Television, Inc. will not involve broadcast station and is technically so the manner provided by the regulations, a hazard to air navigation provided qualified except as to the matter referred as amended. Any person aggrieved by marking and lighting are afforded in to in issue “ 1” below; and that Radio the issuance of any of these certificates accordance with the Commission’s rules Roanoke, Incorporated, is legally, finan may seek a review or reconsideration (47 CFR Part 17); cially and technically qualified to con thereof within fifteen days after publica I t is ordered, That the Commission struct, own and operate a television tion of this notice in the F ederal R eg order, released June 29, 1953, is hereby broadcast station; ister. amended to find that K-Six Television, It it ordered, That pursuant to sec Inc. is technically qualified to construct, tion 309 (b) of the Communications Act Signed at Washington, D. C. this 26th own and operate a television broadcast of 1934, as amended, the above-entitled day of August 1953. station, and to strike Issue No. 1 there applications are designated for hearing J acob I. B e l l o w , from. in a consolidated proceeding to com Assistant Chief of Field Operations. mence at 10:00 a. m. on September 25, Released: August 28, 1953. 1953, in Washington, D. C., upon the [P. R. Doc. 53-7690; Piled, Sept. 2, 1953; F ederal C ommunications following issues: 8: 45 a. m.] C o m m is s io n , 1. To determine whether the installa [ s e a l ! W m . P. M a s s in g , tion of the station proposed by Times- FEDERAL COMMUNICATIONS Acting Secretary. World Corporation in its above-entitled [F. R. Doc. 53-7716; Piled, Sept. 2, 1953; application would constitute a hazard COMMISSION 8:51 a. m.] to air navigation. 2. To determine on a comparative [Docket Nos. 10556, 10557, 10558] basis which of the operations proposed Superior T e l e v is io n , I n c ., e t a l . in the above-entitled applications would [Docket Nos. 10655, 10656] better serve the public interest, con ORDER DELETING ISSUE venience and necessity in the light of T i m e s -W orld C o r p. an d R adio the record made with respect to the In re applications of Superior Tele R o a n o k e , I n c . vision, Inc., Corpus Christi, Texas, Docket significant differences between the ap No. 10556, File No. BPCT-1031; KEYS- ORDER DESIGNATING APPLICATIONS FOR plications as to: TV, Inc., Corpus Christi, Texas, Docket CONSOLIDATED HEARING ON STATED (a) The background and experience No. 10557, File No. BPCT-1045; K-Six ISSUES of each of the above-named applicants having a bearing on its ability to own Television, Inc., Corpus Christi, Texas, In re applications of Times-World Docket No. 10558, F ie No. BPCT-1434; and operate the proposed television sta Corporation, Roanoke, Virginia, Docket tion. for construction permits for new tele No. 10655, File No. BPCT-1056; Radio vision broadcast stations. (b) The proposals of each of the Roanoke, Incorporated, Roanoke, Vir above-named applicants with respect to At a session of the Federal Communi ginia, Docket No. 10656, F ie No. BPCT- cations Commission held at its offices in the management and operation of the 1743; for construction permits for new proposed station. Washington, D. C., on the 26th day of television broadcast stations. August 1953; (c) The programming service pro At a session of the Federal Communi posed in each of the above-entitled ap The Commission having under consid cations Commission held at its offices in plications. eration a “Motion to Strike Issue and Washington, D. C., on the 26th day of Amend Order” filed by KrSix Television, August 1953; Released: August 28,1953. Inc., Corpus Christi, Texas; and a The Commission having under con “Statement of the Broadcast Bureau” F ederal C ommunications sideration the above-entitled applica C o m m is s io n , with respect thereto; and tions, each requesting a construction It appearing, that the application of [ s e a l ] W m . P. M a s s in g , permit for a new television broadcast Acting Secretary. the petitioner was designated for con station to operate on Channel 7 in solidated hearing with the above-named Roanoke, Virginia; and [F. R. Doc. 53-7717; Filed, Sept. 2, 1953; applicants on the following issue, among It appearing, that the above-entitled 8:51 a. m.] others: applications are mutually exclusive in 1. To determine whether the installation that operation by more than one appli and operation of the station proposed by cant would result in mutually destruc [Docket Nos. 10657, 10658] K-Six Television, Inc., in its above-entitled tive interference; and application would constitute a hazard to It further appearing, that pursuant to S o u t h J e r s e y B roadcasting C o . and air navigation. section 309 (b) of the Communications P a t r ic k J o s e p h S t a n t o n Act of 1934, as amended, the above- It further appearing, that petitioner ORDER DESIGNATING APPLICATIONS FOR CON named applicants were advised by letters requests that the Commission’s order re SOLIDATED HEARING ON STATED ISSUES leased June 29, 1953, designating the dated September 10, 1952 and July 29, above-entitled applications for consoli 1953, that their applications were mu In re applications of South Jersey dated hearing, be amended to strike Issue tually exclusive; and that a hearing Broadcasting Company, Camden, New No. l and to find that K-Six Television, would be necessary; that Times-World Jersey, Docket No. 10657, F ie No. BPCT- I&c., is technically qualified to construct, Corporation was advised by the letter of 1522; Patrick Joseph Stanton, Philadel- 5352 NOTICES
phia, Pennsylvania, Docket No. 10658, (c) The programming service promandatory; that Royal Oak Broadcast File No. BPCT-1674; for construction posed in each of the above-entitled ap ing Company and UAW-CIO Broadcast permits for new television stations. plications. ing Company of Michigan are legally At a session of the Federal Communi Released: August 31, 1953. financially, and technically qualified to cations Commission held at its offices in construct, own and operate a television Washington, D. C., on the 26th day of F ederal Communications broadcast station; and that Knight August 1953; Comm ission, Newspapers, Incorporated, is legally and! The Commission having under consid [ seal] 'W m . P. M assing, financially qualified to construct, own eration the above-entitled applications, Acting Secretary. and operate a television broadcast sta each requesting a construction permit tion and is technically so qualified ex for a new television broadcast station to [F. R. Doc. 53-7718'; Filed, Sept. «2, 1953; 8:51 a. m.] cept as to the matter referred to in issue operate on Channel 17 assigned to Phila “ I ” below; delphia, Pennsylvania; and It is ordered, That pursuant to section It appearing, that the above-entitled 309 (b) of the Communications Act of applications are mutually exclusive in [Docket Nos. 10662, 10663, 10664] 1934, as amended, the above-entitled ap that operation by more than one ap plications are designated for hearing in plicant would result in mutually destruc R oyal Oak B roadcasting Co. et al a consolidated proceeding to commence tive interference; and ORDER DESIGNATING APPLICATIONS FOR at 10:00 a. m. on September 25, 1953, in It further appearing, that pursuant to CONSOLIDATED HEARING ON STATED Washington, D. C., upon the following section 309 (b) of the Communications ISSUES issues : Act of 1934, as amended, the above- 1. To determine whether the installa named applicants were advised by letters In re applications of Royal Oak tion of the station proposed by Knight dated July 14, 1953, that their applica Broadcasting Company, Ferndale, Mich Newspapers, Incorporated, in its above- tions were mutually exclusive and that igan, Docket No. 10662, File No. BPCT- entitled application would constitute a a hearing would be necessary; that 725; Knight Newspapers, Incorporated, hazard to air navigation. South Jersey Broadcasting Company Detroit, Michigan, Docket No. 10663, 2. To determine on a comparative was advised by the said letter that cer File No. BPCT-1507; UAW-CIO Broad basis which of the operations proposed casting Corporation of Michigan, De tain questions were raised as a result in the above-entitled applications would of deficiencies of a financial and techni troit, Michigan, Docket No. 10664, File best serve the public interest, conven cal nature in its application and that the No. BPCT-1589; for construction per ience and necessity in the light of the question as to whether its proposed an mits for new television broadcast sta record made with respect to the signifi tions. tenna system and site would constitute cant differences among the applications a hazard to air navigation was unre At a session of the Federal Communi as to: solved; that Patrick Joseph Stanton was cations Commission held at its offices in (a) The background and experience advised that certain questions were Washington, D. C., on the 26th day of of each of the above-named applicants raised as a result of deficiencies of a August 1953; having a bearing on its ability to own financial nature in his application; and The Commission having under con and operate the proposed television sta It further appearing, that upon due sideration the above-entitled applica tion. consideration of the above-entitled ap tions, each requesting a construction (b) The proposals of each of the plications, the amendments filed thereto, permit for a new television broadcast abpve-named applicants with respect to and the replies to the above letters, the station to operate on Channel 62 as the management and operation of the Commission finds that under section 369 signed to Detroit, Michigan; and proposed station. (b) of the Communications Act of 1934, It appearing, that the above-entitled (c) The programming service pro as amended, a hearing is mandatory; applications are mutually exclusive in posed in each of the above-entitled ap that Patrick Joseph Stanton is legally, that operation by more than one appli plications. financially and technically qualified to cant would result in mutually destruc construct, own, and operate a television tive interference; and Released: August 31, 1953. broadcast station; and that South Jersey It further appearing, that pursuant F ederal Communications Broadcasting Company is legally and to section 309 (b) of the Communications Commission, Act of 1934, as amended, the above- technically qualified to construct, own, [ seal] W m . P. M assing, and operate a television broadcast named applicants were advised by letters Acting Secretary. station; dated July 16, 1953, that their applica I t is ordered, That pursuant to section tions were mutually exclusive and that a [F. R. Doc. 53-7719; Filed, Sept. 2, 1953; 309 (b) of the Communications Act of hearing would be necessary; that Royal 8:52 a. m.] 1934, as amended, the above-entitled Oak Broadcasting Company was advised applications are designated for hearing by the said letter that a question was in a consolidated proceeding to com raised as to the propriety of designating mence at 10:00 a. m. on September 25, its proposed television broadcast station [Docket Nos. 10667, 10668] 1953, in Washington, D. C.t upon the as a Royal Oak-Ferndale station, under S traits B roadcasting Co. and Mid following issues: the Commission’s rules and policies; western B roadcasting Co. 1. To determine whether South Jersey that Knight Newspapers, Incorporated, Broadcasting Company is financially was advised by the said letter that cer ORDER DESIGNATING APPLICATIONS FOR qualified to construct, own, and operate tain questions were raised as the result CONSOLIDATED HEARING ON STATED its proposed television station. of deficiencies of a legal and technical ISSUES 2. To determine on a comparative nature in its application and that the In re applications of Richard E. Hunt, basis which of the operations proposed question—as to whether its proposed an tr/as Straits Broadcasting Company, in the above-entitled applications would tenna system and site would constitute a Cheyboygan, Michigan, Docket No. better .'serve the public interest, conven hazard to air navigation was unresolved; 10667, File No. BP-8753; Midwestern ience, and necessity in the light of the that UAW-CIO Broadcasting Corpora Broadcasting Company, Cheboygan, recor.d made with respect tp the signifi tion of Michigan was advised by the said Michigan, Docket No. 10668, File No. cant differences between the applications letter that a question was raised to its BP-8795; for construction permits. as to: legal qualifications to construct, own At a session of the Federal Communi (a) The background and experience and operate the proposed television cations Commission held at its offices in of each of the above-named applicants broadcast station; and Washington, D. C., on the 26th day of having a bearing on its ability to own It further appearing, that upon August 1953; and operate the proposed television due consideration of the above-entitled The Commission having under con station. applications, t h e amendments filed sideration the above-entitled applica (b) The proposals of each of the thereto, and the replies to the above tions for construction permits for a new above-named applicants with respect to letters, the Commission finds that under standard broadcast station at Cheboy the management and operation of the section 309 (b) of the Communications gan, Michigan, to operate on 1240 kc, proposed station. Act of 1934, as amended, a hearing is 250 w, unlimited time. Thursday, S e p t e m b e r 3, 1953 FEDERAL REGISTER 5353
It appearing, that the applicants are O rder Closing the G alveston, T exas, , all the issued and outstanding shares of legally, technically, financially and S h ip I nspection O ffice Capital Stock of Southern and Chester otherwise qualified to operate the pro and the consideration for the proposed At a session of the Federal Communi transactions is the assumption by Phila posed station, but that the operation of cations Commission held at its offices in delphia of all outstanding debts, obliga both stations as proposed would result Washington, D. C., on the 26th day of in mutually prohibitive interference tions, and liabilities of Southern and of August 1953; Chester, respectively, such consideration with each other; and I t is .ordered, Under the authority of involving the cancellation of all indebt It further appearing, that pursuant the Communications Act of 1934, as to section 309 (b) of the Communica edness of Southern to Philadelphia and amended, that ; , of all indebtedness of Chester to Phila tions Act of 1934,. as amended, the sub The ship inspection office of the Fed delphia. Simultaneously with the re ject applicants were advised by letters eral Communications Commission at spective sales, dispositions, assignments, dated June 3, 1953, of the aforemen Galveston, Texas, be hereby closed. tioned deficiencies and that the Commis and conveyances, Philadelphia will cause sion was unable to conclude that a grant This order shall become effective to be cancelled all of Southern’s and all of either application would be in the November 1, 1953. of Chester’s outstanding shares of Capi public interest; and Released: August 28, 1953. tal Stock. Upon consummation of the It further appearing, that the appli transactions proposed in the application cant Richard E. Hunt, tr/as Straits F ederal C ommunications filed herein, all of the electric facilities Broadcasting Company has replied to the C o m m issio n , of Southern and all of the electric and Commission’s letter dated June 3, 1953, [ seal] W m . P. M assing, gas facilities of Chester .will be owned and that the applicant Midwestern Acting Secretary. and operated by Philadelphia ; all as Broadcasting Company, failed to reply [P. R. Doc. 53-7721; Filed, Sept. 2, 1953; more fully appears in the application on to said letter;, and 8:52 a. m.] file with the Commission. It further appearing, that The Com Any person desiring to be heard, or to mission, after consideration of the reply, make any protest with reference to said is still unable to conclude that a grant FEDERAL POWER COMMISSION application should, on or before the 17th day of September 1953, file with the Fed would be in the public interest. [Docket No. E-6506] It is ordered, That, pursuant to section eral Power Commission, Washington 25, 309 (b) of the Communications Act of California O regon P ow er C o . D. C., a petition or protest in accordance with the Commission’s rules of practice 1934, as amended, the said applications notice of order authorizing sale of and procedure. The application is on are designated for hearing in a consoli portion of transmission l in e dated proceeding, at a time and place file with the Commission for public in to be specified in a subsequent order, A ugust 28, 1953. spection. upon the following issues: Notice is hereby given that on August [ seal] J. H. G utride, 1. To determine whether the opera 27, 1953, the Federal Power Commission Acting Secretary. tion of the proposed stations would in issued its order adopted August 26, 1953. volve objectionable interference, each [P. R. Doc. 53-7693; Filed, Sept. 2, 1953; in the above-entitled matter, authorizing 8:46 a. m.[ with the other, or with the services pro the sale of a portion of the transmission posed in any other pending applications line, under license as part of Project No. for broadcast facilities, and, if so, the 281, to The United States of America, nature and extent thereof, the areas and Department of the Interior. [Docket Nos. G-2130, G-2197] populations affected thereby, and the E quitable G as C o . and M ississippi availability of other primary service to [ seal] J. H. G utride, Acting Secretary. V alley G as C o. such areas and populations. 2. To determine the overlap, if any, [P. R. Doc. 53-7692; Piled, Sept. 2, 1953; NOTICE OF FINDINGS AND ORDERS which would exist between the service 8: 46 a. m.] A ugust 28, 1953. areas of the proposed operation of the Midwestern Broadcasting Company and In the matters of Equitable Gas Com of Stations WATC, Gaylord, Michigan, pany, Docket No. G-2130; Mississippi and WMBN, Bear Creek Township, [Docket No. E-6520] Valley Gras Company, Docket No. G-2197. Michigan, the nature and extent thereof, Notice is hereby given that on August and whether such overlap, if any, is in S outhern P ennsylvania P ow er Co. 27, 1953, the Federal Power Commission contravention of § 3.35 of the Commis ET AL. issued its findings and orders adopted August 26, 1953, issuing certificates of sion rules. NOTICE OF APPLICATION 3. To determine, on a comparative public convenience and necessity in the basis, which of the operations proposed A ugust 27, 1953. above-entitled matters. in the above-entitled applications would In the matters of Southern Pennsyl [ seal] J. II. G utride, best serve the public interest, conven vania Power Company, Chester County Acting Secretary. ience or necessity in the light of the Light and Power Company, Philadelphia Electric Company, Docket No. E-6520. [F. R. Doc. 53-7694; Filed, Sept. 2, 1953; evidence adduced under the foregoing 8:46 a. m.] issues and the record made with respect Take notice that on August 26, 1953, to the significant differences between a joint application was filed with the the applicants as to : Federal Power Commission, pursuant to (a) The background and experience section 203 of the Federal Power Act, by [Docket No. ID-1203] of each of the above-named applicants Southern Pennsylvania Power Company to own and operate the proposed (“Southern” ) , Chester County Light and E. H. ZEIGLER stations. Power Company (“Chester” ) , and Phila NOTICE OF ORDER AUTHORIZING APPLICANT TO (b) The proposals of each of the delphia Electric Company (“Philadel HOLD CERTAIN POSITIONS above-named applicants with respect to phia” ), all corporations organized under the management and operation of the the laws of the Commonwealth of Penn A ugust 28, 1953. proposed stations. sylvania, and doing business in said Notice is hereby given that on Aug (c) The programming service pro State, with each of their principal busi ust 27, 1953, the Federal Power Com posed in each of the above-mentioned ness offices at Philadelphia, Pennsyl mission issued its order adopted August applications. vania, seeking an order authorizing 26, 1953, authorizing applicant to hold Released: August 31, 1953. Southern to sell and dispose of its elec certain positions pursuant to section 305 tric facilities, by merger, to Philadelphia; (b) of the Federal Power Act in the F ederal Communications authorizing Chester to sell and dispose above-entitled matter. C o m m is s io n , of its electric facilities, by merger, to [ seal] W m . p. M assing, Philadelphia; and authorizing Philadel [ se al] J. H. G u t r id e , . Acting Secretary. phia to merge its electric facilities with Acting Secretary. IP. R. Doc. 53-7720; Piled, Sept. 2, 1953; the electric facilities of Southern and [P. R. Doc. 53-7695; Filed, Sept. 2, 1953; 8:52 a. m.] Chester. Philadelphia presently owns 8:46 a. m.J 5354 NOTICES
SECURITIES AND EXCHANGE [Pile No. 70-3120] $2,700,000 of additional common stock to E l e c t r iO E n e r g y , I n c . the parent companies and $65,000,000 of COMMISSION 3% percent First Mortgage Sinking Fund MEMORANDUM OPINION AND ORDER REGARD Bonds due 1982 (“ 3% percent Bonds”),! [Pile No. 1-957] ING ISSUANCE OF SHORT-TERM PROMIS to the same insurance companies, thé SORY NOTES TO BANKS M ar k et S treet R a il w a y C o . proceeds of which bonds áre to be used A u g u s t 28, 1953. to finance the Joppa Plant Additions. NOTICE OF APPLICATION TO STRIKE FROM We are here concerned with a decla The Commission’s order of July 10,1953^ LISTING AND REGISTRATION, AND OF OP permitted the issuance and sale by Elec PORTUNITY FOR HEARING ration filed with this Commission by Electric Energy, Inc. (“Electric En tric Energy to said insurance companies A u g u s t 27,1953. ergy” ), a subsidiary company of Union of $30,000,000 of 4>V2 percent First Mort The New York Stock Exchange, pur Electric Company of Missouri and Mid gage Sinking Fund Bonds, due 1979 (“4% suant to section 12 (d) of the Securities dle South Utilities, Inc., both registered percent Bonds” ), of which the proceeds Exchange Act of 1934 and Rule X-12D2- holding companies, of Illinois Power are to be used to finance increases in the 1 (b) promulgated thereunder, has made Company and Kentucky Utilities Com cost of the Joppa Plant. application to strike from listing and pany, both public utility companies and The bond purchase agreements relat registration the 6 percent Cumulative registered holding companies which are ing to the 4% Percent Bonds contemplate Prior Preference Stock, $100 Par Value, exempt as holding companies from the that Electric Energy will sell to the in of Market Street Railway Company. provisions of the act, and of Central Illi surance companies $10,000,000 of 4% The application alleges that the rea nois Public Service Company which is Percent Bonds in July 1953 and that no sons for striking this security from list exempt under section 2 (a) (7) of the act additional 4% Percent Bonds will be ing and registration on this exchange from the provisions thereof applicable to sold until 1954. The funds required by are: holding companies. Declarant proposes Electric Energy for construction pur (1) The Modified Amended Plan for to issue not to exceed $30,000,000 of poses with respect to the Joppa Plant in the Liquidation and Dissolution of the short-term promissory notes to banks 1953 are estimated to be approximately above issuer, approved by the Securities and has designated sections 6 and 7 of $20,000,000 in excess of the $10,000,000 and Exchange Commission on May 13, the act as applicable to the proposed to be realized from the sale of said 41/2 1953, and by the District Court of the transactions. Percent Bonds. Similarly, the bond pur United States for the Northern District Electric Energy is engaged in the con chase agreements with respect to the of California, Southern Division, on July struction of a 6-unit electric generating 3% Percent Bonds contemplated that 3, 1953, as revised in Step Two of the station and related transmission facil Electric Energy will sell to the insurance Plan, provided for a second pro-rata ities at Joppa, Illinois, which are being companies $10,000,000 of 3% Percent partial cash distribution to the holders of built for the purpose of supplying up to Bonds in August 1953, and that no addi the above security, upon surrender and 735,000 kw of firm power to an atomic tional 3% Percent Bonds wifi be sold cancellation of their certificates for the energy project being constructed by the until 1954. The funds required by Elec above security. Atomic Energy Commission (“ A. E. C.” ) tric Energy for construction purposes (2) The Board of Directors of the at Paducah, Kentucky. The first four with respect to thè Joppa Plant Additions above issuer on July 6, 1953, voted a generating units are referred to herein for 1953 are estimated to be approxi second pro-rata partial cash distribu after as “ Joppa Plant” and the remain mately $10,000,000 in excess of the tion of $3.50 per share to the holders of ing two units as “Joppa Plant Additions” . $10,000,000 to be realized from the sale the above security payable as of July 28, Formerly the power supply arrange of said 3% Percent Bonds. 1953, and fixed July 27, 1953, as the date ments between Electric Energy and Accordingly, Electric Energy proposes, of permanent closing of the transfer A. E. C. were embodied in two separate pursuant to a Credit Agreement dated books of the issuer of the above security. contracts. The first related to the 500,- July 16, 1953, to issue from time to time (3) Facilities for transfer or registra 000 kw capacity of the four Joppa Plant but not later than June 30, 1954, its tion of the above issue in the Borough of units and the second, relating to the re promissory notes not to exceed the ag Manhattan are no longer available. maining 235,000 kw from the two addi gregate maximum principal amount of Upon receipt of a request, prior to tional units was contingent upon the $30,000,000, to mature July 1, 1954, and September 23, 1953, from any interested passage of certain pending legislation. to bear interest at the rate of 3% percent person for a hearing in regard to terms Since the enactment of an amendment per annum. Said notes wifi be issued to to be imposed upon the delisting of this to the Atomic Energy Act of 1946, ef the following banks (“Lenders” ) in the security, the Commission will determine fected by Public Law 137, 83d Congress following maximum amounts: whether to set the matter down for hear (H. R. 5905), approved July 17,1953, the Amount of ing. Such request should state briefly contracting parties have entered into a Name of bank : commitment The Chase National Bank of the nature of the interest of the person single contract dated July 23,1953, which covers the full 735,000 kw. the City of New York______$11,000,000 requesting the hearing and the position Guaranty Trust Co. of New The financing of these facilities and Y o rk ______11,000,000 he proposes to take at the hearing with the execution of various related con respect to imposition of terms or condi Mercantile Trust Co______4, 000,000 tracts have been the subject of prior ap First National Bank in St. tions. In addition, any interested per plications to this Commission, and are Louis______3,000,000 son may submit his views or any addi described in the following memorandum The Boatmen’s National Bank tional facts bearing on this application opinions and orders of the Commission of St. Louis____ - ______1,000,000 by means of a letter addressed to the permitting them: January 15, 1951 30, 000,000 Secretary of the Securities and Exchange (Holding Company Act Release No. 10,- Commission, Washington, D. C. If no 340); June 26, 1951 (Holding Company Electric Energy will have the right to one requests a hearing on this matter, Act Release No. 10,639); January 30, prepay from time to time without this application will be determined by 1953 (Holding Company Act Release No. penalty the notes in whole or in part on order of the Commission on the basis of 11,689); and July 10,1953 (Holding Com five days’ notice or on closing dates for pany Act Release No. 12,048). The the facts stated in the application, and the sale of additional 4% percent or Commission’s 1951 orders permitted the 3% percent Bonds. Electric Energy win other information contained in the offi issuance and sale by Electric Energy of pay a commitment fee of % of 1 percent cial file of the Commission pertaining to $3,500,000 of common stock to its parent per annum on the daily unused amount this matter. companies and $100,000,000 of 3 percent of the credit of each Lender, such com By the Commission. First Mortgage Sinking Fund Bonds, due mitments to be subject to termination in 1979 (“ 3 percent Bonds” ), to two in whole or in part by Electric Energy at [SEAL] ORVAL L. DUBOIS, surance companies in order to finance any time on five days’ notice. Secretary. the Joppa Plant. The Commission’s The proceeds of said notes must be [P. R. Doc. 53-7699; Piled, Sept. 2, 1953; order of January 30, 1953, permitted the used for construction of the Joppa Plant 8: 47 a. m.] issuance and sale by Electric Energy of or the Joppa Plant Additions. I® con‘ Thursday, S e p t e m b e r 3, 1953 FEDERAL REGISTER 5355 nection with each borrowing, Electric mains in full force and effect. In this application-declaration in which it was Energy must certify the amount of the context, we find that the provisions of provided that any interested person arrowing which is being made for con the act and the rules promulgated there may request the Commission in writing struction costs of the Joppa Plant and under, insofar as they apply to the is that a hearing be held on such matter; the Joppa Plant Additions. The aggre suance of the notes now under considera and gate of the former amounts so certified tion, are met and that no adverse findings The Public Service Commission of In may not exceed $20,000,000 and the ag are necessary. The record with respect diana and the State of Wisconsin, gregate of the latter amounts may not to fees and expenses in connection with among others, having requested that a exceed $10,000,000. Proceeds of borrow the issuance of the notes has not been hearing be held on such matter; and ings for cosies of constructing the Joppa completed and accordingly jurisdiction It appearing to the Commission that plant shall be deposited in the Construc will be reserved with respect thereto: it is appropriate in the public interest tion Fund under the Mortgage and Deed It is ordered, Pursuant to Rule U-23 and in the interest of investors and con of Trust dated June 1, 1951, of Electric that said declaration as amended be, and sumers to grant said request and that Energy, as amended by its First Supple the same hereby is, permitted to become a hearing be held with respect to the mental Indenture dated as of July 1, effective forthwith, subject to the terms matters set forth in said application- 1953, securing said Bonds (“Mortgage” ), and conditions prescribed in Rule U-24 declaration and that said application- and proceeds of borrowings for costs of and to the further condition that juris declaration should not be permitted to the Joppa Plant Additions shall be de diction be, and the same hereby is, become effective except pursuant to posited in the Additional Construction reserved over all fees and expenses in further order of this Commission: Fund under said Mortgage. Such pro curred or to be incurred in connection It is ordered, That a hearing on the ceeds will thereafter be withdrawable by with the issuance of the notes. said application-declaration under the applicable provisions of the act and the Electric Energy only in accordance with By* the Commission. the provisions of the Mortgage. rules and regulations thereunder be held Concurrently with the execution and [ s e a l ] N e l l y e A. T h o r s e n , on September 10, 1953, at 10:00 a. m., delivery of the Credit Agreement there Assistant Secretary. e. d. s. t., at the office of the Commis sion, 425 Second Street NW., Washing was executed and delivered an Imple [F. R. Doc. 53-7702; Piled, Sept. 2, 1953; menting Agreement between Electric 8:48 a. m .] ton, D. C., in such room as may be Energy, the Lenders, and St. Louis Union designated on that day by the hearing. Trust Company as Trustee under said room clerk in Room 193. Mortgage. The Implementing Agree It is further ordered, That Harold B. Teegarden or any other officer or officers ment provides that proceeds of borrow A m e r ic a n N atu r a l G as C o . an d A m e r ic a n of this Commission designated by it for ings deposited in the Construction Fund L o u is ia n a P ip e L in e C o . shall be available for the issuance of that purpose, shall preside at such hear 4y2 percent Bonds upon the sale of such n o t ic e an d order for h e a r in g regarding ing. The officer so designated to preside Bonds for the purpose of providing ISSUANCE AND SALE BY NON-UTILITY SUB at such hearing Is hereby authorized to funds to pay off the borrowings effected SIDIARY OF COMMON STOCK TO PARENT exercise all powers granted to the Com under the Credit Agreement for Joppa mission under section 18 (c) of the act A u g u s t 28,1953. Plant construction costs. Proceeds of and to a hearing officer under the Com borrowings deposited in the Additional American Natural Gas Company mission’s rules of practice. Construction Fund shall be available for (“American Natural”), a registered The Division of Corporate Regulation the issuance of 3% percent Bonds upon holding company, and American Louisi of the Commission having advised the the sale of such Bonds for the purpose ana Pipe Line Company (“American Lou Commission that it has made a prelimi of providing funds to pay off the borrow isiana” ) , a non-utility subsidiary thereof, nary examination of the said applica ings effected under the Credit Agreement having filed a joint application-declara tion-declaration and that, upon the for construction costs of the Joppa Plant tion with the Commission pursuant to the basis thereof, there is presented for Additions. Pursuant to the Implement Public Utility Holding Company Act of consideration, without prejudice, how ing Agreement, Electric Energy has in 1935 (“ act” ) and having designated sec ever, to the presentation of additional structed the insurance companies, as tions 6 (a ), 7,9 (a ), 10, and 12 ( f ) thereof matters and questions upon further con holders of all the Bonds issued under the and Rule U-50 (a) (3) promulgated sideration, the following questions: Mortgage, to pay the purchase price of thereunder as being applicable to the 1. Whether the proposed issuance and said Bonds to the Lenders for the pur proposed transactions, which are sum sale of securities by American Louisiana pose of retiring the indebtedness con marized as follows: are solely for the purpose of financing tracted under the Credit Agreement. American Louisiana, a Delaware cor its business, under the last clause of the The Implementing Agreement also con poration, was recently organized to con third sentence of section 6 (b) of the tains provisions designed to give the struct and operate a natural gas pipe line act. holders of the notes issued under the system extending from points in Lou 2. Whether the proposed acquisition Credit Agreement certain rights under isiana to markets served by subsidiaries of the securities of American Louisiana the Mortgage in the event of default of American Natural. by American Natural is detrimental to under the Mortgage in certain circum The corporation has an authorized the carrying out of section 11 of the act. stances. capital stock consisting of three hun 3. What terms or conditions, if any, It is stated in the declaration that no dred fifty thousand (350,000) shares of should be attached to the Commission’s State or Federal commission, other than the par value of one hundred dollars order. this Commission, has jurisdiction over ($100) each, all of one class. 4. Whether the proposed transactions the proposed transactions. From time to time as funds are needed are in all respects consistent with the Due notice was given of the filing of by American Louisiana to pay certain provisions and standards of the ap the declaration and no hearing was re costs and expenses of such pipe line plicable sections of the act and the rules quested of or ordered by us. project, and for other corporate pur promulgated thereunder. In our previous opinions we have ad poses, American Louisiana proposes to I t is further ordered, That at said verted to the problems arising in connec issue to American Natural for cash at hearing evidence shall be adduced with tion with this whole financing program the par value thereof such number of respect to the foregoing question. jind with respect to the relationships of shares of its capital stock (up to but It is further ordered, That the Secre the five parent companies to Electric not exceeding 5,000 shares) as may be tary of the Commission shall serve a Energy, and we reaffirm what was there necessary to provide funds for such copy of this notice and order by regis said. Since the parent companies are purposes; and American Natural pro tered mail on American Natural Gas u°t parties to the instant proceeding poses to acquire and pay for the shares Company, American Louisiana Pipe Line it seems unnecessary that our order con so issued to it. Company, The Public Service Commis tain a condition such as is found in sub- The Commission having heretofore sion of Indiana, the State of Wisconsin, paragraph (a) of our order of July 10, issued its Notice of Filing Subject to the City of Detroit, Michigan, and Pan |953 (Holding Company Act Release No. Rule U-23 (Holding Company Act Re handle Eastern Pipe Line Company and 1^.048), which condition, of course, re- lease No. 12103) with respect to said notice shall be given to all other persons No. 173------3 5356 NOTICES by publication of this notice and order determined not to accept either bid and Since it is not expected that all of the in the F ederal R eg ister . said Plan was thereafter amended to purchasers will pay for their Bonds at eliminate Article 3 of Part II and as so By the Commission. the closing in September 1953, Arkansas amended was approved by order of the Louisiana has arranged to make a com [ s e a l ] N e l l y e A . T h o r s e n , Commission dated July 22, 1953, and mitment bank loan in an amount equal Assistant Secretary. ordered enforced by order of the United to the aggregate principal amount of [F. R. Doc. 53-7700; Fi'led, Sept. 2, 1953; States District Court for the District Bonds not paid for at the September 8:48 a. m.] of Delaware dated July 29, 1953. closing, such loan to be evidenced by an Arkansas Louisiana now proposes/to agreement (“Loan Agreement”) and by issue and sell on a firm commitment a note or notes of Arkansas Louisiana. basis, $35,000,000 principal amount of Bonds not delivered to the respective [File No. 70-3129] its First Mortgage Bonds, 4V2 Percent purchasers at the September closing will, Series due 1973 (the “Bonds” ) to certain A r k a n sa s L o u is ia n a G as C o . concurrently with the execution of thé institutional investors, the names of Bond Purchase Agreements, be issued NOTICE OF PROPOSED ISSUANCE AND SALE OF which and the principal amount of and deposited with the Bank as security PRINCIPAL AMOUNT OF FIRST MORTGAGE Bonds to be purchased by each will be for the payment of the commitment BONDS AND TEMPORARY BANK NOTES supplied by amendment. Under the bank loan. From time to time as Bonds terms of the Bond Purchase Agree A u g u s t 28, 1953. sold under the Bond Pin-chase Agree ments, payment for the Bonds will be ments are paid for and delivered, the Notice is hereby given that a declara made on a specified date in September proceeds thereof will be applied to the tion has been filed with this Commis 1953 or thereafter, at the option of each reduction of the amount of the commit sion, pursuant to the Public Utility Hold separate purchaser, at any time on or ment bank loan and a corresponding ing Company Act of 1935 (“act”) by prior to June 30, 1954. In connection principal amount of Bonds will be turned Arkansas Louisiana Gas Company (“Ar with the proposed issuance and sale of over to the purchasers thereof. kansas Louisiana” ) , a public utility sub the Bonds and in view of the prior un The net proceeds from the sale of the sidiary of Cities Service Company, a successful attempt to sell its First Bonds and the bank load will be used registered holding company. Declarant Mortgage Bonds, Arkansas Louisiana (a) to prepay outstanding notes held by has designated sections 6 (a ), 7 and 12 requests an exemption from the competi Guaranty Trust Company of New York (c) of the act and Rules U-42 and U-50 tive bidding requirements of Rule U-50. (“Guaranty Trust” ) in the principal promulgated thereunder as applicable to The sale price of the Bonds is to be amount of $24,500,000, of which $18,250,- the proposed transactions. 100 percent of the principal amount 000 is presently included in current Notice is further given that any in thereof plus accrued interest from Sep liabilities; (b) to pay to Arkansas Fuel terested person may, not later than tember 1,1953, for Bonds delivered prior Oil Corporation (formerly Arknat), an September 9,1953, at 5:30 p. m., e. d. s. t., to March 1, 1954, and plus accrued in affiliate, the sum of $3,412,032, represent request the Commission in writing that terest from March 1, 1954, in the case ing the difference between the net book a hearing be held on such matter, stating of Bonds delivered thereafter and on or values of properties transferred pursu the reasons for such request, the nature prior to June 30, 1954. ant to the Amended Plan, or to replace of his interest and the issues of fact or The Bonds will be dated September 1, working capital for money so paid; and law raised by said declaration which he 1953 (or as provided in the Indenture) (c) to provide a portion of the funds desires to controvert, or may request and will mature September 1, 1973, and required for the Company’s construction that he be notified if the Commission will be issued and secured by an Inden program. should order a hearing thereon. Any ture of Mortgage and Deed of Trust. It is represented that the Arkansas such request should be addressed: Sec The Mortgage will constitute a first retary, Securities and Exchange Com Public Service Commission has jurisdic mortgage lien, subject to permitted en tion over the proposed issuance and sale mission, 425 Second Street NW., Wash cumbrances, on substantially all of the ington 25, D. C. At any time after Sep of the bonds and that a copy of the property of Arkansas Louisiana except order authorizing the proposed transac tember 9, 1953, said declaration, as filed non-producing gas, oil and other min tions will be supplied by amendment. or as amended, may be granted as pro eral leases, development and drilling Fees and expenses to be paid by Arkan vided in Rule U-23 of the rules and reg equipment, cash, accounts receivable, ulations promulgated under the act, or sas Louisiana in connection with the securities and other miscellaneous prop proposed transactions are also to be the Commission may exempt such trans erty specifically excluded. All gas pur actions as provided in Rules U-20 (a) supplied by amendment. chase and gas sales contracts having a It is requested that the Commission’s and U-100 thereof. term in excess of one year and involving All interested persons are referred to order herein become effective upon its individually the payment of $200,000 or issuance. said declaration which is on file in the more annually will be specifically pledged office of this Commission for a statement under the Mortgage. By the Commission. of the transactions therein proposed, The bonds will be redeemable at a pre which are summarized as follows: [ s e a l ] N e ll ye A. T horsen, mium of 4 Yz percent beginning in 1953 Assistant Secretary. Pursuant to Article 3 of Part n of and continuing until September 1, 1964, an Amended Plan (the “Plan”) for the and thereafter at a premium reduced % [F. R. Doc. 53-7701; Filed, Sept. 2, 1953; simplification of the corporate structure percent annually: Provided however, 8:48 a. m.] of Arkansas Natural Gas Corporation That none of such bonds may be re (“Arknat” ) under section 11 (e) of the deemed prior to September 1, 1963, as a act approved by the Commission by order part of any refunding operation involv INTERSTATE COMMERCE dated October 1, 1952, and ordered en ing the incurring of indebtedness bear COMMISSION forced by the United States District ing an interest rate or cost lower than [4th Sec. Application 28397] Court for the District of Delaware by 4 x/2 percent per annum except that in order dated Januay 29, 1953, Arkansas the event the company prior to Septem B r ic k a n d R elated A rticles From Louisiana in May 1953 (at the time a ber 1, 1963, is consolidated with or K n o x v il l e , T e n n ., to P rinceton, subsidiary of Arknat but now a direct merged with or into any other corpo W . V a . subsidiary of Cities Service Company as ration, then such restriction shall not APPLICATION FOR RELIEF a result of the distribution of the Ar apply. The entire issue will be retired kansas Louisiana stock pursuant to the on or before maturity through annual A u g u st 31,1953. Plan) offered $35,000,000 principal sinking fund payments beginning on The Commission is in r e c e ip t of the amount of its First Mortgage Bonds at September 1, 1957, in the initial amount above-entitled and numbered applica competitive bidding, and on May 25, necessary to redeem $1,250,000 principal tion for relief from the long-and-short- 1953, received two bids designating inter amount of the bonds at stated sinking haul provision of section 4 (1) of the est rates of 5 percent and 5% percent, re fund prices. The sinking fund payments Interstate Commerce Act. , spectively, for its First Mortgage Bonds. increase periodically so that in 1973 the Filed by : R. E. Boyle, Jr., Agent, tor In view of the high interest rates, the retirement of $3,500,000 principal and on behalf of the Louisville an d Nash Board of Directors of Arkansas Louisiana amount of bonds is required. ville Railroad Company, Norfolk aho 5357 Thursday, S e p t e m b e r 3, 1953 FEDERAL REGISTER
Western Railway Company, and Vir in such application without further or sylvania Railroad Company at the port ginian'Railway Company. formal hearing. If because of an of Erie, Pennsylvania, The Pennsylvania Commodities involved: 'Brick and re emergency a grant of temporary relief is Railroad Company is unable to dump carloads of coal on hand at that port, lated articles. found to be necessary before the expira prom: Knoxville, Tenn. tion of the 15-day period, a hearing, upon or en route to that port: It is ordered, To: Princeton, W. Va. a request filed within that period, may That: Grounds for relief: Competition with be held subsequently. (a) Rerouting of traffic: The Penn sylvania Railroad Company is hereby au rail carriers, circuitous routes. By the Commission. Schedules filed containing proposed thorized to reroute or divert carloads of rates: C. A. Spaninger’s tariff I. C. C. [ s e a l ] G eorge W. L air d, coal now on hand at Erie, Pennsylvania, Acting Secretary. No. 1278, Supp. 34. or en route to Erie, over any available Any interested person desiring the [F. R. Doc. 53-7712; Filed, Sept. 2, 1953; route to any accessible lake port, to Commission to hold a hearing upon such 8: 50 a. m.] expedite the movement, regardless of the application shall request the Commission routing shown on the waybill. The bill in writing so to do within 15 days from ing covering all such cars rerouted shall the date of this notice. As provided by carry a reference to this order as au the general rules of practice of the Com [4th Sec. Application 28399] thority for the rerouting. (b) Concurrence of receiving roads to mission, Rule 73, persons other than L ard an d R elated A r ticle s F r o m applicants should fairly disclose their be obtained : The railroad named, desir M e m p h is , T e n n ., to P o in t s i n t h e ing to divert or reroute traffic over the interest, and the position they intend to S o u t h take at the hearing with respect to the line or lines of another carrier under this application. Otherwise the Commission, APPLICATION FOR RELIEF order, shall confer with the proper trans portation officer of the railroad or rail in its discretion, may proceed to investi A u g u s t 31, 1953. gate and determine the matters involved roads to which such traffic is to be The Commission is in receipt of the diverted or rerouted, and shall receive in such application without further or above-entitled and numbered applica formal hearing. I f because of an emer the concurrence of such other railroads tion for relief from the long-and-short- before the rerouting or diversion is gency a grant of temporary relief is haul provision of section 4 (1) of the found to be necessary before the ex ordered. Interstate Commerce Act. (c) Notification to shippers. The car piration of the 15-day period, a hearing, Filed by: R. E. Boyle, Jr., Agent, for upon a request filed within that period, rier rerouting cars in accordance with carriers parties to Agent C. A. Spanin may be held subsequently. this order shall notify each shipper at ger’s tariff I. C. C. No. 1215, Supp. 32. the time each car is rerouted or di By the Commission. Commodities involved: Lard, lard verted and shall furnish to such shipper compounds, lard substitute, cooking oils, [seal] G eorge W. L aird, the new routing provided under ,this Acting Secretary. salad oils or vegetable oil shortening, order. carloads. (d) Inasmuch as the diversion or re [P. R. Doc. 53—7711; Filed, Sept. 2, 1953; From: Memphis, Tenn. routing of traffic by said Agent is deemed 8:50 a. m.] T o : Points in Florida, Georgia, North to be due to carrier’s disability, the rates Carolina, and South Carolina. applicable to traffic diverted or rerouted Grounds for relief: Competition with by said Agent shall be the rates which rail carriers, circuitous routes, competi were applicable at the time of shipment [4th Sec. Application 28398] tion with motor carriers. on the shipments as originally routed. Tea P rom N orth A t l a n t ic P orts to Schedules filed containing proposed (e) In executing the directions of the Cincinnati, O h io an d L o u is v il l e , K y . rates: C. A. Spaninger’s tariff I. C. C. Commission and of such Agent provided No. 1215, Supp. 32. for in this order, the common carriers APPLICATION FOR RELIEF Any interested person desiring the involved shall proceed even though no AUGUST 28, 1953. Commission to hold a hearing upon contracts, agreements, or arrangements The Commission is in receipt of the such application shall request the Com now exist between them with reference above-entitled and numbered applica mission in writing so to do within 15 to the divisions of the rates of transpor tion for relief from the long-and-short- days from the date of this notice. As tation applicable to said traffic ; divisions haul provision of section 4 (1) of the provided by the general rules of prac shall be, during the time this order re Interstate Commerce Act. tice of the Commission, Rule 73, persons mains in force, those voluntarily agreed Piled by: C. W. Boin, and I. N. Doe, other than applicants should fairly dis upon by and between said carriers; or Agents, for carriers parties to schedules close their interest, and the position upon failure of the carriers to so agree, listed below. they intend to take at the hearing with said divisions shall be those hereafter Commodities involved: Tea, carloads respect to the' application. Otherwise fixed by the Commission in accordance (import traffic). the Commission, in its discretion, may with pertinent authority conferred upon Prom: North Atlantic ports and points proceed to investigate and determine it by the Interstate Commerce Act. grouped therewith. the matters involved in such application (f ) .Effective date: This order shall To: Cincinnati, Ohio, and Louisville, without further or formal hearing. If become effective at 10:00 a. m., August Ky. because of an emergency a grant of 28, 1953. Grounds for relief : Competition with temporary relief is found to be necessary (g) Expiration date: This order shall rail carriers, circuitous routes, to main before the expiration of the 15-day pe expire at 11:59 p. m„ September 8, 1953, tain port rate relations. riod, a hearing, upon a request filed unless otherwise modified, changed, sus Schedules filed containing proposed within that period, may be held pended or annulled. rates: c. W. Boin’s tariff I. C. C. No. subsequently. It is further ordered, That this order A-914, Supp.~56; I. N. Doe’s tariff I. C. C. By the Commission. shall be served upon the Association of No. 591, Supp. 103; L. B. LeGrande’s American Railroads, Car Service Divi tariff I. c . C. No. 238, Supp. 122. [ s e a l ] G eorge W. L a ir d , sion, as agent of all railroads subscrib Acting Secretary. Any interested person desiring the ing to the car service and per diem agree Commission to hold a hearing upon such [F. R. Doc. 53-7713; Filed, Sept. 2, 1953; ment under the terms of that agreement application shall request the Commission 8: 51 a. m.] and by filing it with the Director, Divi in writing so to do within 15 days from sion of the Federal Register. the date of this notice. As provided by Issued at Washington, D. C., August the general rules of practice of the Com [Rev. S. O. 562, Taylor’s I. C. C. Order 27] 28, 1953. mission, Rule 73, persons other than I nter state C o m m er c e P ennsylvania R ailroad Co. applicants should fairly disclose their C o m m is s io n , interest, and the position they intend to r e r o u t in g or d iv e r s io n o f tr affic C h ar les W. T a y l o r , take at the hearing with respect to the Agent. application. Otherwise the Commission, In the opinion of Charles W. Taylor, m its discretion, may proceed to investi Agent, because of breakdown of the coal [F. R. Doc. 53-7710; Filed, Sept. 2, 1953; gate and determine the matters involved dumping facilities located on The Penn- 8:50 a. m.]