FEDERAL EGISTER 9 ^ 1 9 3 4 ¿ y VOLUME 19 NUMBER 140

Washington, Wednesday, July 21, 1954

Authority: §§ 524.375 to 524.388 issued CONTENTS TITLE 5— ADMINISTRATIVE under sec. 32, 49 Stat. 774, as amended; PERSONNEL 7 U. S. C- 612c. Agricultural Marketing Service Page § 524.375 General statement, (a) In Proposed rule making: Chapter I— Civil Service Commission order to encourage the exportation to Handling: Part 6—Exceptions F rom the eligible countries of honey produced in Milk in Central West Texas— 4499 Competitive Service the continental United States, the Sec­ Prunes, dried, produced in retary of Agriculture, pursuant to the California______4503 DEPARTMENT OF LABOR authority conferred by section 32 of Rules and regulations: Public Law 320, 74th Congress, as Honey Export Program VMX In Federal Register Document No. 54- 66a (1954 marketing season) _ 4491 5051, filed July 1, 1954, (19 F. R. 4011) amended, offers to make payments to the word “Appeals” was omitted in sub- exporters of such honey, subject to the Agriculture Department paragraph (1) of § 6.113 (b). Effective terms and conditions set forth in this See Agricultural Marketing Serv­ upon publication in the F ederal R egis­ subpart. ice; Commodity Credit Corpora­ (b) Information pertaining to this ter, subparagraph (1) of § 6.113 (b) is tion; Commodity Stabilization subpart and forms prescribed for use Service; Forest Service. amended to read as follows: under this subpart may be obtained from § 6.113 Department of Labor. * * * Alien Property Office the following: Notices: " (b) Office of the Secretary. Erwin M. Graham, Fruit and Vegetable Vested property, intention to (1) Chairman and two Members, Em­Division, Agricultural Marketing Service, return: ployees’ Compensation Appeals Board. United States Department of Agriculture, Fourteenth Street and Independence Avenue Ferber, Ruza______4505 (R. S. 1753, sec. 2, 22 Stat. 403 ; 5 U . 8 . C. SW., W ashington 25, D. C. Sawady, Harry, et al__------4505 631, 633; E. O. 10440, 18 F. R. 1823; 3 CFR, Minard F. Miller, Fruit and Vegetable Di­ Army Department 1953 Supp.) | vision, Agricultural Marketing Service, United States Department of Agriculture, See Engineers Corps. United States Civil Serv­ P. O. Box 19, Lakeland, Fla. Civil Aeronautics Board ice Commission, John W. Gannaway, Fruit and Vegetable Notices: [seal] Wm. C. Hull, Division, Agricultural Marketing Service, Callison’s Flying Service; Cana- Executive Assistant. United States Department of Agriculture, dian-Alaskan irregular serv- Room 248, New Custom House, Denver 2, tF. R. Doc. 54-5563; Filed, July 20, 1954; Colo. ice ; hearing------4505 8:47 a. m.] Warren C. Noland, Fruit and Vegetable Civil Service Commission Division, Agricultural Marketing Service, Rules and regulations: United States Department of Agriculture, Competitive service, exceptions TITLE 6— AGRICULTURAL CREDIT 1031 S outh Broadway, Room 1005, Los Angeles 15, Calif. from; Labor Department___ 4491 Chapter V— Agricultural Marketing Werner Allmendinger, Fruit and Vegetable Commerce Department » Division, Agricultural Marketing Service, See Maritime Administration. Service, Department of Agriculture United States Department of Agriculture, Old Mint Building, Room 226, Fifth and Mis­ Commodity Credit Corporation Subchapter B— Export and Domestic Consumption sion Streets, San Francisco 3, Calif. Notices : Programs Robert H. Eaton, Fruit and Vegetable Sales of certain commodities at Part 524—H oney Division, Agricultural Marketing Service, fixed prices; supplement to United States Department of Agriculture, export price list and review SUBPART—HONEY EXPORT PROGRAM VMS Eastern Building, 515 Southwest Tenth of domestic price list for 66A (1954 MARKETING SEASON) Avenue, Portland 5, Oreg. July 1954______4506 Sec. § 524.376 Eligible countries. Eligible Commodity Stabilization Service 524.375 General statement. countries to which exports of honey may 524.376 Eligible countries. be made include all foreign countries Notices: 524.377 Rate of payment and determination Peanuts; redelegation of final of net weight. and their territories or dependent areas, authority by Oklahoma ASC 524.378 Eligibility for payment. except: (a) those countries and areas Committee regarding market­ 524.379 Prices to be paid to the producer. listed in Subgroup A of Group R of the ing quota regulations for 524.380 Claims for payment supported by Comprehensive Export Schedule issued 1954 crop______4506 evidence of compliance. by the Bureau of Foreign Commerce, 524.381 Records and accounts. United States Department of Commerce; Engineers Corps 524.382 Amendment and termination. Rules and regulations: 524.383 Persons not eligible for payments. and (b) those countries, including de­ Anchorage regulations; Colum­ 524.384 Set-off. pendencies of foreign countries, located bia River, Oreg. and Wash— 4497 524.385 Joint payee or assignment. in North, South and Central America or 524.386 Good faith. D u m p in g regulations ; ap­ 524.387 Definitions. on the islands adjacent thereto. The proaches and entrances to 524.388 CSS Commodity Offices. (Continued on p. 4493) coastal ports------4498 4491 4492 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Pase Land Management Bureau Pas« federâûpregister mission Notices: V 193* ¿0^ Proposed rule making: District Foresters; redelegation Stations on shipboard in mari­ of authorities regarding lands time services; assignable fre­ and resources______;__ 4505 Published daily, except Sundays, Mondays, quencies______„ 4504 Rules and regulations: and days following official Federal holidays, Illinois; revocation of E. 0 . 4247, by the Federal Register Division, National Federal Power Commission June 5, 1925-,______4499 Archives and Records Service, General Serv­ Notices: ices Administration, pursuant to the au­ T e x a s Eastern Transmission Maritime Administration thority contained in the Federal Register Corp. and Transcontinental Rules and regulations: Act, approved Ju ly 26, 1935 (49 S tat. 500, as Gas Pipe Line Corp.; applica­ War risk cargo insurance; cor­ amended; 44 U. S. C., ch. 8B), under regula­ tion and fixing of date for rection______4499 tions prescribed by the Administrative Com­ mittee of the Federal Register, approved by hearing______4505 Post Office Department the President. Distribution is made only by Federal Trade Commission Rules and regulations: the Superintendent of Documents, Govern­ Rules and regulations: Classification and rates of post­ m en t P rin tin g Office, W ashington 25, D. C. age; parcels addressed to cer­ The regulatory material appearing herein Harley-Davidson Motor Co. ; tain A. P. O.’s______4498 is keyed to the Code of Federal Regulations, cease and desist order______4495 International postal service: which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as Fish and Wildlife Service Postage rates, service avail­ am ended A ugust 5, 1953. Rules and regulations: able and instructions for The Federal Register will be furnished by Alaska commercial fisheries; mailing; Hungary______4498 mail to subscribers, free of postage, for $1.50 Resurrection Bay area, closed Secret Service per month or. $15.00 per year, payable in waters______4499 advance. The charge for individual copies Rules and regulations: (m inim um 15tf) varies in proportion to th e Foreign Claims Settlement Com­ Gold; seizure and forfeiture for size of the issue. Remit check or money mission violations of Gold Reserve Act, order, made payable to the Superintendent 1934, and Gold Regulations_ 4497 of Documents, directly to the Government Rules and regulations: P rin tin g Office, W ashington 25, D. C. Appeal form and time limita- Securities and Exchange Com­ There are no restrictions on the republica­ tions______4498 mission tion of material appearing in the F ederal Claims, definition of______4498 Notices: R egister. Hearings, etc.: Forest Service Equity Corp. et al______4508 Notices: Michigan Consolidated Gas Regional Forester, Eastern Re­ Co______4508 CFR SUPPLEMENTS gion et al.; delegation of New Jersey Power & Light Co- 4507 authority with respect to de­ Wheeling Electric Co______4507 (For use during 1954) termining and advising Di­ Treasury Department The following Supplements are now rector, Land Management Bureau, concerning develop­ See also Secret Service. available: . ment of minerals______4506 Notices: Title 43 ($1.75) Alliance Assurance Co. Ltd., Interior Department London, England; acceptable Titles 47—48, Revised 1953 See Fish and Wildlife Service; reinsuring company on Fed­ ($7.75) Land Management Bureau. eral bonds ______4505 Interstate Commerce Commis­ Wage and Hour Division Previously announced: Title 3, 1953 Supp. sion Rules and regulations: ($1.50); Titles 4 -5 ($0.60); Title 6 Notices: Puerto Rico, textile and textile ($2.00); Title 7: Parts 1-209, Revised Applications for relief: products in; minimum wage 1953 ($7.75); Part 900 to end ($1.25); Battery material from Mun- order______4496 Title 8 ($0.35); Title 9 ($0.50); Titles 1 0 - cie, Ind., to Asheboro, N. C_ 4517 13 ($0.50); Title 14: Parts 1-399 ($1.25); Chlorine gas, liquefied, from CODIFICATION GUIDE Part 400 to end ($0.50); Title 15 ($1.25); Perkins, W. Va., to South_4516 Title 16 ($1.00); Title 17 ($0.50); Title Grains, whole, from Kansas A num erical list of th e parts of the Code of Federal Regulations affected by documents 18 ($0.45); Title 20 ($0.70); Title 21 City, Mo.-Kans., to Port Arthur, Tex., for export__ 4516 published in this issue. Proposed rules, as ($1.50); Titles 2 2-23 ($1.00); Title 24 Insulators, electric wire, from opposed to final actions, are identified as ($0.75); Title 25 ($0.45); Title 26: Parts Carey, Ohio, to Georgia__ 4517 such. 1 -7 9 , Revised 1953 ($7.75); Parts 8 0 - Petroleum gas, liquefied, from 169 ($0.50); Parts 170-182 ($0.75); Parts Title 3 Pa8® Southwest to New Haven, Chapter II (Executive orders); T83—299, Revised 1953 ($5.50); Part 300 Ind------4517 4247 (revoked by PLO 982)__ — 4499 to end, and Title 27 ($1.00); Titles 28—29 Pulpboard or fibreboard from 4458 (see PLO 982)______4499 ($1.25); Titles 30-31 ($1.00); Title 32: Jaite, Ohio, to Bessemer Parts 1-699 ($1.75); Part 700 to end and Birmingham, Ala., arid Title 5 ($2.25); Title 33 ($1.25); Titles 3 5 -3 7 Rogalusa, La______4517 Chapter I: Part 6______4491 ($0.70); Title 38 ($2.00); Title 39 Tin or terne plate from West Virginia, Pennsylvania, Title 6 ($2.00); Titles 4 0 -4 2 ($0.50); Titles 4 4 - Ohio, and Maryland to 45 ($0.75); Title 46: Parts 1-145 ($0.35); Chapter V: Tampa, Fla______4516 Part 524______4491 Title 49: Parts 1—70 ($0.60); Parts 71—90 Various commodities from ($0.65); Parts 91-164 ($0.45); Part 165 Illinois to South______4517 ^itle 7 to end ($0.60); Title 50 ($0.55) Motor carrier applications____ 4509 Chapter IX: Part 982 (proposed)______4499 Order from justice Department Part 993 (proposed)____ -____ 4503 Superintendent of Documents, Government See Alien Property Office. Printing Office, Washington 25, D. C. Title 16 Labor Department Chapter I: See Wage and Hour Division. Part 3-______4495 Wednesday, July 21, 1954 FEDERAL REGISTER 4493

CODIFICATION GUIDE— Con. (1) Exporters whose billing offices essed Products Standardization and In­ are located in Montana, Wyoming, Colo­ spection Branch, Fruit and Vegetable rado, New Mexico, and states west Division, Agricultural Marketing Serv­ Title 29 *** thereof shall file their applications with ice, United States Department of Agri­ Chapter V : Werner Allmendinger, Fruit and Vege­ culture. The cost of the inspection and Part 699------4496 table Division, Agricultural Marketing issuance of the certificates shall be borne Title 31 Service, United States Department of by the exporter. Chapter IV: Agriculture, Old Mint Building, Room (c) Packaging. Honey exported un­ Part 406______——_____ 4497 226, Fifth and Mission Streets, San der this subpart shall be suitably packed Title 33 Francisco 3, California; and, in containers acceptable for export ship­ Chapter II: (2) Exporters whose billing offices are ment in accordance with good commer­ Part 202------4497 located east of Montana, Wyoming, cial practice and in a manner which Part 205______&------4498 Colorado, and New Mexico, shall file shall reasonably assure their arrival in their applications with E. M. Graham, good condition in the country of desti­ Title 39 Fruit and Vegetable Division, Agricul­ nation. Export containers shall bear a Chapter I: tural Marketing Service, United States lot number, code or other markings by Part 34------4498 Department of Agriculture, Fourteenth which the Applicable requirements of Part 127______4498 Street and Independence Avenue SW., § 524.380 (a) (3) (i) may be fulfilled. Title 43 Washington 25, D. C. (d) Final dates. The final time and P H o n fp r T* The filing of applications is not to be date for entering into a sales contract Appendix C (Public land or- shall be 12 o’clock midnight. March 31, confused with the filing of claims 1955. The final time and date for filing ders): (§ 524.380). 982______'______4499 an application shall be 12 o’clock noon, Applications must be filed separately for April 29, 1955, (standard time at the Title 45 each sale, in triplicate, and as promptly place at which the application should be Chapter I: as possible after the date of sale, but not filed), or the date of export, whichever Part 505______4498 later than the date of export (see § 524.- time and date is the earlier; the final Part 515______—— ~ 4498 387 (d)) or 12 o’clock noon, April 29, time and date of export from the conti­ Title 46 1955 (standard time at the place at nental United States in fulfillment of Chapter II: which the application should be filed), export sales under this subpart shall be Part 308______— 4499 whichever is the earlier, unless the Ad­ 12 o’clock midnight, April 30, 1955; and, Title 47 ministrator, upon a written request by the final time and date for filing claims Chapter I: the exporter stating substantial reasons under this program shall be 12 o’clock Part 8 (proposed)------4504 therefor, grants an extension of time for midnight, May 31, 1955: Provided, such filing. The Administrator will, in That, upon written request of the ex­ Title 50 the order in which they are received or porter stating substantial reasons there­ Chapter I: on such other basis as he may determine for, the Administrator may, if he deems Part 110______4499 to be equitable, approve applications it desirable, grant an extension of time covering sales for export which meet the for fifing an application, the accom­ islands on which such ineligible coun­ requirements of this program so long as plishment of exportation, or the filing of funds which have been allocated to this a claim. tries or dependencies are located include, (e) Re-entry, diversion, re-exporta­ but are not necessarily limited to, Green­ program are available. The Adminis­ trator will furnish to the exporter prompt tion or loss. If any quantity of honey land, Bermuda, the Bahamas, and the exported under this subpart re-enters islands of the Caribbean Sea. written notice of approval (or disap­ proval) or, in the event the application the continental United States, or is di­ § 524.377 Rate of payment and deter­ fails to conform with the applicable verted or re-exported to United States mination of net weight, (a) The rate of terms and conditions of this program, territories or possessions, or is diverted payment applicable to honey of U. S. will so notify the exporter. If the ex­ or re-exported to other than eligibile Grade C or better exported in accordance porter finds that an application previ­ countries, as described in § 524.376, pay­ with the terms and conditions contained ously approved by the Administrator ment will be withheld or, if payment has herein shall be 2.5 cents per net weight should be revised because of modification already been made by the United States pound of honey. in the applicable sales contract or for Government, the exporter shall refund (b) The net weight marked on con­ any other reason, he shall notify the amount received on such quantity: tainers and invoiced or billed shall be promptly the person with whom he filed Provided, That, if the honey with respect considered the net weight of honey ex­ the application of any such requested to which payment may be withheld or ported under this subpart except that, if revision of the application. The Ad­ refund required under this section is the United States Department of Agri­ ministrator will notify the exporter damaged after exportation, the payment culture determines and shows on the in­ promptly of his approval or disapproval withheld or refund required shall be an spection certificate an actual net weight of the revision of the application. amount determined by the Administra­ that is less than the marked, invoiced, (b) Minimum grade and inspection.tor, which, however, shall not exceed the or billed net weight, the net weight as Honey exported under this subpart amount realized (or which might reason­ determined by the United States Depart­ must have been produced in the con­ ably be realized) by the exporter for the ment of Agriculture and shown on the tinental United States and shall be damaged honey over the price at which inspection certificate shall, for the pur­ equal to, or better than, U. S. Grade C he sold to the foreign buyer under the poses of this subpart, be considered to of the "United States Standards for sales contract covered by the approved be the net weight. Grades of Extracted Honey,” effective application. In the case of complete loss or destruction of the honey, or any § 524.378 Eligibility for payment— April 16, 1951, except that honey listed in § 524.379 (f) shall not be eligible for part thereof, after exportation, without (a) Sales contract and application for fault or negligence of the exporter, no program participation. No payment payment under this subpart. Honey eligible for payment under this subpart refund of payment shall be required for will be made under this subpart unless the quantity so lost or destroyed. The the exporter has entered into a sales shall have been inspected not more than 30 calendar days prior to the date on exporter shall notify the Administrator contract (as defined in § 524.387 (f)) on immediately upon becoming cognizant of or after, but not prior to, the effective which it first begins moving from an interior or port shipping point direetly any such re-entry, diversion, or re-ex­ date of this subpart pursuant to which portation of, or damage to, the honey sales contract, and in fulfillment thereof, to the export destination: Provided, That, upon written request of the ex­ which has been exported under this sub­ the honey shall be exported. To be part, and shall furnish information as eligible for payment, the exporter shall porter stating sufficient reasons therefor, the Administrator may, if he deems it to any claim he may have in connection file, on the prescribed form, an applica­ with such event. tion to participate in this program and desirable, grant an extension of such shall obtain approval thereof from one period of time. The inspection shall be § 524.379 Prices to be paid to the pro­ of the following offices: performed by an inspector of the Proc­ ducer. Prior to filing claim for pay- 4494 RULES AND REGULATIONS

xnent for honey exported under this honey of a specific floral source or blend to be billed, a certified copy of the direc­ subpart, the producer shall be paid for falls, exporter can submit a small rep­ tions by the buyer to bill such party; such honey in naked containers, f. o. b. resentative sample of such honey for (3) A copy of the on-board export bill producer’s honey house, not less than determination to E. M. Graham, Fruit of lading signed by an agent of the ex­ the applicable prices listed below, less a and Vegetable Division, Agricultural porting carrier, except that, where loss, deduction of 0.5 cent per pound for serv­ Marketing Service, United States De­ destruction or damage occurs subsequent ice and handling charges. In states in partment of Agriculture, Washington 25, to loading on board exporting carrier, which handlers are authorized or di­ D. C. In the event that such sample is but prior to issuance of on-board bill of rected to collect assessments levied upon from a lot known by exporter to have lading, a copy of a loading tally sheet or producers under State marketing orders, been previously inspected by the Proc­ similar document may be submitted in such assessments may also be deducted essed Products Standardization and In­ lieu of such bill of lading. from the applicable prices. Any trans­ spection Branch, Fruit and Vegetable (i) The export bill of lading must portation cost incurred by a producer, Division, the exporter shall submit the show the quantity and description of in delivering honey for sale at any point inspection certificate number identify­ the honey, including the lot, code or other than his honey house, shall be for ing such inspection. brand markings appearing on con­ the account of the buyer. The prices (d) If a lot of table honey is not seg­ tainers, or other reference sufficient to from which may be deducted (1) service regated so that it can be classified as identify the honey loaded on board the and handling charges of 0.5 cent per one color for the lot as a whole within exporting carrier as that honey covered pound, and (2) the assessment rates the tolerances for color variations con­ by the related inspection certificate, the under the State marketing orders, are tained in the “United States Standards date and place of loading, the destina­ as follows: for Grades of Extracted Honey,” effec­ tion of the honey, and the name and For States of Montana, Wyoming, Colo­ tive April 16, 1951, the applicable price address of both the exporter and the rado, New Mexico, and states west thereof: shall be based on the darkest color in consignee. Rate (cents the lot. (ii) If the shipper or consignor named per pound) (e) If a lot of honey contains both in such bill of lading is other than the 1. White and lighter table honey___ _ 10.4 “table” and “nontable” honey, or con­ exporter (seller) named in the applica­ 2. Elxtra Light Amber table honey__ _ 9.9 tains blends of “table” and “nontable” tion, the exporter shall furnish with the 3. Light Amber or darker table honey; honey, so that it cannot be given a single bill of lading a waiver by such shipper or, any color nontable honey___ - 8.4 classification as “table” or “nontable” or consignor, in favor of such exporter, For all states east of Montana, Wyoming, honey, the applicable price shall be based of any right to claim payment under Colorado, and New Mexico: on “nontable” honey. this subpart for the honey covered by Rate (cents (f) Honeys which are not eligible for such bill of lading. per pound) payment under this program are those (iii) If the bill of lading shows the 1. White and lighter table honey___ _ 11.3 with the predominant flavors of Athel, name of a consignee different from that 2. Extra Light Amber table honey____ 10. 8 Avocado, Bitterweed, Broomweed, Car­ appearing as the buyer on the contract 3. Light Amber or darker table honey; rot, Chinquapin, Dog Fennel, Desert under which the bill of lading is made, or, any color nontable honey__ _ 9.3 Hollyhock, Eucalyptus, Gumweed, Mes­ the exporter shall accompany his claim The color of the honey shall be deter­ cal, Onion, Prickly Pear, Prune, Queen’s on the exportation covered by such bill mined in accordance with the “United Delight, Snowbrush (Ceanothus), Snow- of lading with a certification that the States Standards for Grades of Ex­ on-the-Mountain, Tarweed, and simi­ shipment under that bill of lading is to tracted Honey,” effective April 16, 1951. larly-flavored honeys, or blends of such the buyer- named in the sales contract (a) “Table honey” means honey hav­ honeys as determined by the Director, and is made pursuant to that contract. ing the predominant flavor of not more Fruit and Vegetable Division, Agricul­ (4) The original or a signed copy of than two floral sources, and preferably tural Marketing Service. the inspection certificate required in one, which can be readily marketed for § 524.378 (b) ; table use in all parts of the country. § 524.380 Claims for payment sup­ (5) Certification that (i) the honey Such honeys include those with the pre­ ported by evidence of compliance, (a) exported was produced in the continen­ dominant flavors of Alfalfa, Brazil Exporter shall file claim with the CSS tal United States, and (ii) the producer Brush, Cataclaw, Clover, Cotton, Fire- Commodity Office serving the exporter’s has received, prior to filing claim for pay­ weed, Gallberry, Huajillo, Lima Bean, billing office. The CSS Commodity Of­ ment, not less than the applicable prices Mesquite, Orange, Raspberry, Sage, fices are listed under § 524.388. Such as specified in § 524.379; and, Sourwood, Star Thistle, Sweetclover, claim shall be filed with the CSS Com­ (6) Such other documents, if any, as Tupelo, Vetch, Western Wild Buck­ modity Office concerned not later than may be required by the Administrator wheat, and similar predominantly mild- the final time and date specified in evidencing purchase, sale, or exportation flavored honeys, or predominantly mild- § 524.378 td). Each claim, for payment of the honey on which payment is flavored blends of honey. shall be filed in an original and two claimed under this subpart. (b) “Nontable honey” means honey copies on either Form FDA-564 (Public (b) The foregoing required evidence having a predominant flavor of limited Voucher—Diversion Programs) or Form will not be accepted as conclusive if the national acceptability for table use, but CSS-21 (Public Voucher—Commodity Administrator has reason to believe that considered to be suitable for table use Programs) and shall show the number exportation of all or any quantity of the in most areas in which it is produced. assigned by the United States Depart­ honey was not actually accomplished, or Such honeys include those with the pre­ ment of Agriculture on the related ap­ that there has not been compliance with dominant flavors of Aster, Buckwheat proved application, a n d s h a ll be other requirements of this subpart and (except Western Wild Buckheat), Gold- supported by; in any such instance the Administrator enrod, Heartsease (Smartweed), Horse- (1) A signed or certified copy of the may require such additional evidence as mint, Mangrove-Palmetto, Manzanita, sales contract; he deems reasonable. Mint, Partridge Pea, Rattan Vine, Salt (2) A certified copy of the sales in­ Cedar (Tamarix gallica), Spanish voice to buyer showing: § 524.381 Records and accounts. The Needle, Ti-Ti, Toy on (Christmas Berry), (i) Total price per pound f. a. s. U. S. exporter shall maintain adequate records Tulip-Poplar, and similarly-flavored Port (see § 524.387 (i)); showing purchases, sales, and deliveries honeys, or blends of such honeys. (ii) The rate of export payment to be of honey exported, or to be exported, made by the Secretary; pursuant to this subpart. Such records (c) A determination by the Director, and accounts and other documents re­ Fruit and Vegetable Division, Agricul­ (iii) Net price per pound f. a. s. U. S. Port (see § 524.387 (h)) to be paid by lating to any transaction in connection tural Marketing Service, United States with this subpart shall be preserved un- Department of Agriculture, shall be final the buyer, (other charges, if any, such til at least March 31, 1957, and shall be as to whether honey of a specific floral as ocean freight or marine insurance, available as long as preserved, during source or honey in a specific blend is shall be shown separately on the regular business hours, for inspection classified as either “table honey” or invoice). and audit by authorized employees of “nontable honey” under this subpart. (iv) In the case of an invoice to a the United States Department of Agri­ If in doubt as to the category in which party named by the buyer as the party culture. Wednesday, July 21, 1954 FEDERAL REGISTER 4495 § 524.382 Amendment and termina­ obligation assumed by him under this (j) “On-board export bill of lading” tion. The Administrator may amend or subpart, such exporter may be denied includes any bill of lading covering the te rm in a te this subpart at any time, but the right to continue participating in final exportation of honey from the such amendment or termination shall this program, or the right to receive pay­ United States. not apply to any sales contract for which ment under this subpart in connection (k) “Sales invoice to buyer” means an an application has been approved under with any exportations previously made, invoice to the buyer named in the sales this program prior to the effective time or both. contract or an invoice to another party of the amendment or termination. Such named by such buyer as the party to be $524.387 Definitions. As used in billed for honey covered by the sales amendment or termination shall become §§ 524.375 through 524.387, the follow­ effective on such date as the Adminis­ ing terms have the following meanings: contract. trator may specify in the amendment or (l) “Filed.” Applications, claims and (a) “Administrator” means the Ad­ related documents are deemed to be filed termination, but shall not be earlier than ministrator, Agricultural M a r k e tin g the time of filing of the termination or when received by the appropriate United Service, United States Department of States Department of Agriculture office. amendment with the Federal Register Agriculture, Washington, D. C., or any Division. (m) “Certified” means a written, person to whom the Administrator has signed declaration, contained in or at­ § 524.383 Persons not eligible for subdelegated authority to perform, as tached to any document, stating that the payments. No member of, or delegate Representative of the Secretary of Agri­ document is a true and correct copy of to, Congress, or resident Commissioner, culture, the functions vested in the Ad­ the original of such document. shall be admitted to any share or part ministrator with respect to this program. (n) “12 o’clock midnight” means 12 of any payment made under this subpart (b) “Exporter” means any individual, o’clock midnight, standard time at the or to any benefit that may arise there­ corporation, partnership, association, or applicable place at which the particular from, but this provision shall not be other legal entity located in and main­ action should occur. construed to extend to a payment made taining a business organization within (o) “Producer” means any individual, to a corporation for its general benefit, the continental United States who ex­ partnership, cooperative marketing as­ or to any such person acting in his ca­ ports honey. sociation, or corporation producing pacity as a beekeeper. (c) “Exported” means that honey, pursuant to a sale made under this sub­ honey. § 524.384 Set-off. The Administrator part, was loaded on board the final ocean § 524.388 CSS Commodity Offices. may set off, against any amount owed carrier for shipment from the conti­ The addresses of CSS Commodity Offices to any exporter under this subpart, any nental United States to a country de­ and the areas served by them are shown amount owed by such exporter to the scribed as an eligible country in below: United States Department of Agricul­ § 524.376. _ (a) Portland 5 Oregon, E a s te r n ture, Commodity Credit Corporation, or (d) “Date of export” means the date Building, 515 Southwest Tenth Avenue: any other agency of the United States. of loading on board the final ocean car­ Arizona, California, Idaho, Nevada, Setting-off as provided in this section rier for exportation from the continental Oregon, Utah, Washington. shall not deprive the exporter of the United States as shown on the document (b) Cincinnati 2, Ohio, 1010 Broad­ right to contest the justness of the in­ submitted as evidence of such loading. way: District of Columbia and all states debtedness involved, either by adminis­ (e) “Application” means Form FV- except those handled in the area served trative appeal or by legal action. 458 (6-24-54), “Application for Honey by the Portland, Oregon CSS Commodity § 524.385 Joint payee or assignment. Export Program.” 1 Office. The exporter may name a joint payee on (f) “Sales contract” means a contract Note: The record-keeping and reporting claim for payment or may assign the under which the seller is clearly obli­ requirements contained herein have been proceeds of any claim for payment' as gated to sell and the buyer is clearly ob­ approved by, and subsequent reporting re­ provided in this subpart. The exporter ligated to buy a definite quantity of quirements will be subject to the approval may assign, in accordance with the pro­ honey at a definite price but may, how­ of, the Bureau of the Budget in accordance visions of the Assignment of Claims Act ever, be conditioned upon the allocation with the Federal Reports Act of 1942. of 1940, Public Law No. 811, 76th Con­ of the necessary dollars by the eligible Effective date. This subpart shall be gress, as amended (31 U. S. C. 203, 41 foreign country, the approval by the Ad­ effective at 12:01 a. m., July 21, 1954. U. S. C. 15), the proceeds of any claim ministrator of the exporter’s application to a bank, trust company, Federal lend­ to participate in this subpart, and/or Dated this 16th day of July 1954. ing agency, or other recognized financing the making of an export payment by the [seal] S. R. S m it h , institution: Provided, That, such assign­ Administrator in connection with the Representative of the ment shall be recognized only if and particular sales contract pursuant to this Secretary of Agriculture. when the assignee thereof files written program. A sales contract shall consist notice of the assignment with the appro­ of a written instrument signed by the [F. R. Doc. 54-5582; Filed, July 20, 1954; priate person specified in § 524.378 (a) buyer and the seller or shall consist of 8:52 a. m.] (1) or (2), together with a signed or a written offer and acceptance evidenced true copy of the instrument of assign­ by an exchange of telegrams, cable­ ment, in accordance with the instruc­ grams, or letters. The term includes a TITLE 16— COMMERCIAL tions on Form CSS-66, “Notice of Assign­ contract between an exporter and his PRACTICES ment,” which form should be used in foreign branch or any affiliate or asso­ giving notice of assignment to the Ad­ ciate located in an eligible country. Chapter 1—Federal Trade Commission ministrator. The “Instrument of As­ (g) “Date of sale” means the date on [Docket 5698] signment” may be executed on Form which both the buyer and the seller CSS-347 or the assignee may use his signed a written contract, or the date on P art 3—Digest of Cease and Desist own form of assignment. The CSS which the buyer accepts an offer of sale * Orders forms may be obtained from the Admin­ or confirms tbe purchase, or the date HARLEY-DAVIDSON MOTOR CO. istrator or the CSS Commodity Offices on which the seller accepts an offer to listed under § 524.388. purchase or confirms the sale. Subpart—Aiding, assisting and abet­ (h) “Net price per pound f. a. s. U. S. ting unfair or unlawful act or practice: § 524.386 Good faith. It is the intent port” means the price to the buyer free- § 3.290 Aiding, assisting and abetting un­ of this subpart to encourage the exporta­ alongside-ship United States port after fair or unlawful act or practice. Sub­ tion of honey produced in the conti­ deduction of the rate of export payment part—Coercing and intimidating: § 3.350 nental United States. If the Adminis­ to be made by the Secretary from the Customers or prospective customers: To trator determines that any exporter has total price per pound f. a. s. U. S. port. enter into or observe exclusive and tying not acted in good faith in carrying out (i) “Total price per pound f. a. s. dealing agreements: By cancelling fran­ the purpose of this subpart, has not U. S. port” means the gross price free- chise agreements and threats of. Sub­ passed on to foreign buyers the incen­ alongside-ship United States port. part—Dealing on exclusive and tying tive payment offered in this program, or basis: § 3.670 Dealing on exclusive and otherwise fails to discharge fully any »Filed as part of the original document. tying basis. In connection with the sale 4496 RULES AND REGULATIONS

of motorcycles and motorcycle equip­ sel, the hearing examiner filed his initial It is further ordered, that the re­ ment, parts, accessories, oil, and other decision on August 26, 1952, in which he spondent herein shall, within sixty (60) similar or related products in commerce: concluded that respondent had violated days after service upon it of this order, (1) Selling or making any contract or the Clayton Act and Federal Trade Com­ file with the Commission a report in writ­ agreement for the sale of any such prod­ mission Act as alleged. Within the time ing setting forth in detail the manner ucts on the condition, agreement, or un­ permitted by the Commission’s rules of and form in which it has complied with derstanding that the purchaser thereof practice, respondent appealed to the the order to cease and desist. shall not use, or deal in, or sell motor­ Commission from this initial decision. cycles, motorcycle equipment, parts, ac­ Upon consideration of the entire record Issued: June 29, 1954. cessories, oil, or other similar or related herein, including the briefs in support of By the Commission. products supplied by any competitor or and in opposition to the initial decision competitors of respondent; (2) enforc­ and oral argument of counsel, and having [ seal ] R obert M . P arrish, ing or continuing in operation or effect determined that the rulings of the hear­ Secretary. any condition, agreement, or understand­ ing examiner are free of prejudicial error, [P. R. Doc. 54-5562; Piled, July 20, 1954; ing in, or in connection with, any exist­ the Commission, for the reasons stated in 8:47 a. m.] ing contract of sale, which condition, its written opinion,1 hereby denies re­ agreement, or understanding is to the spondent’s appeal and in lieu of the .ini­ effect that the purchaser of said products tial decision issues its findings of fact1 TITLE 29— LABOR shall not use or deal in motorcycles, conclusion1 and order as follows: Chapter V— Wage and Hour Division, motorcycle equipment, parts, accessories, It is ordered, That the respondent, oil, or other similar or related products Harley-Davidson Motor Co., a corpora­ Department of Labor supplied by any competitor or competi­ tion, and its officers, agents, representa­ P art 699—T e x til e and T ex t il e P roducts tors of respondent; (3) causing any of tives and employees, directly or through I ndustry in P uerto R ico its dealers or other purchasers of its said any corporate or other device, in connec­ products to refuse to purchase any com­ tion with the sale of motorcycles and m in im u m w age order petitive product from its competitors by: motorcycle equipment, parts, accessories, Pursuant to the requirements of the (a) Threatening, directly or by implica­ oil and other similar or related products Administrative Procedure Act (60 Stat. tion, - the cancellation of its franchise, in commerce, as “commerce” is defined 237; 5 U. S. C. 1001), notice was pub­ contract, or selling agreement with said in the Clayton Act, do forthwith cease lished in the F ederal R egister on June dealer or other purchaser; (b) partici­ and desist from: 16, 1954 (19 F. R. 3508), of my decision pating in or encouraging by any overt 1. Selling or making any contract or to approve the recommendations of act efforts to secure, either individually agreement for the sale of any such prod­ Special Industry Committee No. 14 for or through associations of dealers, ucts on the condition, agreement or un­ the Textile and Textile Products Indus­ pledges, or agreements of any of said derstanding that the purchaser thereof try in Puerto Rico. The Wage Order dealers or other purchasers to deal ex­ shall not use, or deal in, or sell motor­ which I proposed to issue to carry such clusively in any or all of its said prod­ cycles, motorcycle equipment, parts, ac­ recommendations into effect was also ucts; and (c) intimidating or coercing cessories, oil or other similar or related published therewith. its dealers or other purchasers in any products supplied by any competitor or As indicated in the notice, my findings way for the purpose or with the effect of competitors of respondent. and conclusions in this matter were set causing them or any of them to deal 2. Enforcing or continuing in opera­ forth in-a document entitled “ Findings exclusively in any or all of its said prod­ tion or effect any condition, agreement and Opinion of the Administrator in the ucts; prohibited, subject to the proviso, or understanding in, or in connection Matter of the Recommendations of however, that nothing in the order shall with, any existing contract of sale, which Special Industry Committee No. 14 for prohibit respondent from entering into condition, agreement or understanding Puerto Rico for Minimum Wage Rates an agreement with its dealers prohibiting is to the effect that the purchaser of in the Textile and Textile Products In­ them from using or selling for use, in a said products shall not use or deal in dustry in Puerto Rico.” Hartey-Davidson motorcycle, oil or parts motorcycles, motorcycle equipment, Interested parties were given an op­ which would adversely affect its me­ parts, accessories, oil or other similar or portunity to file exceptions to the pro­ chanical operation. related products supplied by any com­ posed actions within fifteen days of the (Sec. 0, 38 S tat. 722; 15 U. S. C. 46. In terp re t petitor or competitors of respondent. date of publication of the notice. No or apply sec. 3, 38 Stat. 731; 15 U. S. C. 46) 3. Causing any of its dealers or other exceptions have been received. [Cease and desist order, Harley-Davidson purchasers of its said products to refuse Accordingly, pursuant to authority Motor Co., Milwaukee, Wis., Docket 5698, to purchase any competitive product under the Fair Labor Standards Act of J u n e 29, 1954] from its competitors by: 1938, as amended (52 Stat. 1060, as The Federal Trade Commission on (a) Threatening, directly or by im­ amended 29 U. S. C. 201 et seq.), the said September 14, 1949, issued and served plication, the cancellation of its fran­ decision is affirmed and made final; the on respondent Harley-Davidson Motor chise, contract or selling agreement with recommendations of Special Industry Co., a complaint charging it with having said dealer or other purchaser. Committee No. 14 for minimum wage violated section 3 of the Clayton Act (b) Participating in or encouraging rates in the Textile and Textile Products and section 5 of the Federal Trade Com­ by any overt act efforts to secure, either Industry in Puerto Rico are hereby ap­ mission Act by entering into and enforc­ individually or through associations of proved; and the Wage Order contained ing agreements requiring its dealers to dealers, pledges or agreements of any of in 29 CFR, Part 699 is hereby amended, sell its products exclusively. Respond­ said dealers'or other purchasers to deal as set forth in the June 16, 1954, issue ent filed an answer denying that it had exclusively in any or all of its said of the F ederal R egister (T9 F. R. 3508), violated either act as alleged. products. and as follows: Pursuant to notice, hearings were held (c) Intimidating or coercing its deal­ 1. Delete all of § 699.2 Wage rates and in twelve cities throughout the United ers or other purchasers in any way for substitute the following: States from June 28,1950, to October 24, the purpose or with the effect of causing § 699.2 Wage rates, (a) Wage rates 1951, before Earl J. Kolb, a hearing them or any of them to deal exclusively of not less than 40 cents an hour shall examiner duly designated by the Com­ in any or all of its said products. be paid under section 6 of the Fair Labor mission to hear this proceeding. Full Provided, however, That nothing in this Standards Act of 1938, as amended, by opportunity to be heard, to examine and every employer to each of his employees cross-examine witnesses, and to intro­ order shall prohibit respondent from in the Cotton Ginning and Compressing duce evidence bearing on the issues was entering into an agreement with its' Division of the Textile and Textile Prod­ afforded respondent and counsel sup­ dealers prohibiting them from using or ucts Industry in Puerto Rico who is en­ porting the complaint. All testimony selling for use, in a Harley-Davidson gaged in commerce or in the production and other evidence was recorded and motorcycle, oil or parts which would of goods for commerce. filed in the office of the Commission. adversely affect its mechanical operation, ' (b) Wages at a rate of not less than After receiving proposed findings of 37 V2 cents an hour shall be paid under fact and hearing oral argument of coun­ * Filed as part of original document. section 6 of the Fair Labor Standards Act Wednesday, July 21, 1954 FEDERAL REGISTER 4497 of 1938, as amended, by every employer TITLE 31— MONEY AND the remission or mitigation of the for­ to each of his employees in the Hard- feiture of such gold, as may be necessary Fiber Products Division of the Textile FINANCE: TREASURY or proper by virtue of the provisions of and Textile Products Industry in Puerto the Gold Reserve Act of 1934 and the Chapter IV— Secret Service, Gold Regulations, and by virtue of the Rico who is engaged in commerce or in Department of the Treasury the production of goods for commerce. provisions of the customs laws which the (c) Wages at a rate of not less than P art 406—Seizure and F orfeiture of said Gold Reserve Aci makes applicable 75 cents an hour shall be paid under Gold for Violations of the G old in connection with the seizures and for­ Section 6 of the Pair Labor Standards R eserve Act of 1934 and the Gold feitures incurred or alleged to have been Act of 1938, as amended, by every em­ R egulations incurred under the said act and regula­ ployer to each of his employees in the tions. In the performance of said The following part, governing the administrative duties the appropriate Mattress and Pillow Division of the procedure to be followed by Secret Serv­ Textile and Textile Products Industry in officials of the Bureau of Customs shall ice Agents in making seizures of gold be governed by the procedures estab­ Puerto Rico who is engaged in commerce under the Gold Reserve Act of 1934 and or in the production of goods for lished by the Customs Regulations inso­ the Gold Regulations (Part 54 of this far as such procedures are applicable and commerce. title), is hereby issued. (d) Wages at a rate of not less than not inconsistent with the provisions of 42 y2 cents an hour shall be paid under Sec. the Gold Reserve Act of 1934 and the 406.1 Secret Service officers authorized to Gold Regulations. , section 6 of the Pair Labor Standards - make seizures. Act of 1938, as amended, by every em­ 406.2 Custody of seized gold valued not in § 406.5 Forfeiture of gold valued in ployer to each of his employees in the excess of $1,000. excess of $1,000. When the value of the General Division of the Textile and Tex­ 406.3 Forfeiture of gold valued not in ex­ gold seized by the Secret Service exceeds tile Products Industry in Puerto Rico cess of $1,000. $1,000, the seizing officer shall furnish who is engaged in commerce or in the 406.4 Duties of customs officers. a report, approved by the principal local production of goods for commerce. 406.5 Forfeiture of gold valued in excess of officer, to the United States attorney, and $ 1,000. 2. In §699.4 Definitions of the textile shall include in such report a statement Authority : §§ 406.1 to 406.5 issued under of all the facts and circumstances of the and textile products industry in Puerto R. s. 161; 5 U. S. C. 22. In terp ret or apply Rico and its divisions, paragraph (b), case, together with the names of the wit­ sec. 4, 48 Stat. 340; 31 U. S. C. 443. nesses and a citation to each of the stat­ delete subparagraphs (1), (2), (3), (4) Cross Reference: For regulations of the and (5), and substitute the following Bureau of Customs, see 19 CFR, Chapter I. utes and sections of the Gold Regula­ subparagraphs: For Gold Regulations issued hy the Secre­ tions believed to have been violated and tary of the Treasury, see Part 54 of this title. on which reliance may be had for for­ (1) Cotton ginning and compressing feiture. division. The ginning and compressing § 406.1 Secret Service officers author­ of cotton. ized to make seizures of gold. All agents [ seal] H. Chapman R o se , (2) Hard-fiber products division. The of the United States Secret Service, in Acting Secretary of the Treasury. manufacture from kenaf, coir, sisal, jute addition to officers of the customs, are [F. R. Doc. 54-5571; Filed, July 20, 1954; or other hard or coarse textile fiber or hereby authorized and designated to 8:50 a. m.] mixtures of these fibers of yarn, bagging, seize any gold which may be subject to bags, rope, matting and similar textiles forfeiture for violations of the Gold Re­ and textile products. serve Act of 1934 (31 U. S. C. 440—445) TITLE 33— NAVIGATION AND and the Gold Regulations. (3) Mattress and pillow division. Tine NAVIGABLE WATERS manufacture of mattresses and pillows. § 406.2 Custody of seized gold valued (4) General division. The prepara­ not in excess of $1,000. Any gold, the. Chapter II— Corps of Engineers, tion of textile fibers; the manufacture value of which does not exceed $1,000, Department of the Army of batting, wadding and filling; the seized by officers of the Secret Service manufacture of yarn, cordage, twine, pursuant to the Gold Reserve Act of 1934 P art 202—Anchorage R egulations felt, woven and knitted fabrics, and lace and the Gold Regulations, if not needed COLUMBIA RIVER, OREGON AND WASHINGTON machine products, from cotton, jute, as evidence or for further investigation sisal, coir, maguey, silk, rayon, nylon, by the Secret Service, shall be placed Pursuant to the provisions of section wool or other vegetable, animal or syn­ forthwith by the seizing officer in the 1 of the act of Congress approved 22 thetic fibers, or from mixtures of these custody of the collector of customs for April 1940 (54 Stat. 150; 33 U. S. C. 180), fibers; and the manufacture of blankets, the customs district in which such § 202.129 establishing a special anchor­ quilts, textile bags, oil cloth and arti­ seizure is made. Such gold shall be ac­ age in Columbia River at Portland, ficial leather, woven carpets and rugs, Oregon, between Sand Island and Gov­ companied by a report from the Secret ernment Island, wherein vessels not more and hairnets: Provided, however, That Service showing the basis of the seizure than 65 feet in length, when at anchor, this definition shall not include the gin­ and a citation to each of the statutes and shall not be required to carry or exhibit ning and compressing of cotton; the sections of the Gold Regulations vio­ fights, is hereby prescribed, as follows: manufacture from kenaf, coir, sisal, lated. jute, or other hard or coarse textile fiber § 406.3 Forfeiture of gold valued not § 202.128 Columbia River at Portland, or mixtures of these fibers of yam, bag­ in excess of $1,000. The collector of cus­ Oreg. The waters of the Columbia River ging, bags, rope, matting and similar toms receiving custody of gold seized by between Sand Island and Government textiles and textile products; and the the Secret Service, shall, if no petition Island, bounded on the west by pile dike chemical manufacturing of synthetic is filed for the remission or mitigation U. S. 5.75 and a line extending true north fiber and such related processing of yarn from the northerly end of the dike to of the forfeiture incurred, institute sum­ the south shore of Sand Island, and as is conducted in establishments manu­ mary forfeiture proceedings in the judi­ bounded on the east by a line bearing facturing synthetic fiber. cial district in which such seizure is made 339° 15' true, from a point on Govern­ The above amendments shall become under the appropriate provisions of the ment Island at latitude 45°35'10", lon­ law and Customs Regulations applicable gitude 122°32'14", to the southerly shore effective August 23, 1954. to the forfeiture of merchandise im­ (52 stat. 1060, as amended; 29 U. S. C. 201- ported contrary to law. of Sand Island. 219) [Regs., Ju ly 6, 1954, 800.212 (Colum bia River, § 406.4 Duties of customs officers. Oreg.-W asb.)—ENGWO] (54 S tat. 150; 33 Signed at Washington, D. C., this 15th The appropriate officials of the Bureau U. S. C. 180) day of July 1954. of Customs are hereby authorized and designated as the officers who shall per­ [seal] J o h n A. K l e in , Wm. R. M cC om b, Major General, U. S. Army, Administrator, form such administrative duties in con­ The Adjutant General. Wage and Hour Division. nection with the summary forfeiture of IF. R. Doc. 54-5553; Piled, July 20, 1954; gold seized by the Secret Service, the [F. R. Doc. 54-5575; Filed, July 20, 1954; 8:45 a* m.] sale or other disposition of such gold, and 8:50 a. m.] 4498 RULES AND REGULATIONS

P art 205—D u m pin g G rounds (c) Prohibited dumping grounds. (1) P art 127—I nternational P ostal S ervice: R egulations The waters of the Atlantic Ocean off P ostage R ates, S ervice Available and Charleston Harbor, South Carolina, I nstructions for M ailing APPROACHES AND ENTRANCES TO COASTAL within an area prescribed by a line bear­ PORTS ing 159° true from latitude 32°41'42", HUNGARY Pursuant to the provisions of section 4 longitude 79°53'00" (Charleston Light), In § 127.273 Hungary (19 F. R. 2393) of the River and Harbor Act of March 3, and a line bearing 90° true from latitude amend paragraph (b) (4) by redesignat­ 1905 (33 Stat. 1147; 33 U. S. C. 419), 32°45'54", longitude 79°49'54" (Coast ing present subdivision (iii) as sub­ and section 7 of the River and Harbor Guard Station), and extending seaward division (iv) and by inserting new Act of August 8, 1917 (40 Stat. 266; 33 to the 40-fathom curve. subdivision (iii) to read as follows: U. S'. C. 1), § 205.80 establishing and (2) The waters of the Straits of governing the use of dumping grounds Florida south of Key West Harbor, (iii) The Hungarian customs author- and prohibited dumping grounds in ties require a detailed and exact list of Florida, within the 30-foot main ship the contents to be placed inside each waters adjacent to and waters constitut­ channel and a triangular area including parcel. This is in addition to the cus­ ing the approaches and entrances to the approaches and entrance to the certain ports is hereby prescribed, effec­ channel bounded as follows: Beginning toms declaration (Form 2966) affixed to tive on and after publication of the regu­ at latitude 24°28'10.2", longitude 81° the outside, lations in the F ederal R egister, due to 48'06", thence to latitude 24°26'00", (R. S. 161, 396, 398; secs. 304, 309, 42 Stat. the urgent need for such areas in the longitude 81°46"00", thence to latitude 24, 25, 48 S tat. 943; 5 U. S. C. 22, 369, 372) interest of navigation and national de­ 24°26'00", longitude 81®50'00", thence [seal] A be M cG regor G o ff , fense, as follows: to the point of beginning. The Solicitor. § 205.80 Entrances to seaports—(a) (3) The waters of the Gulf of Mexico [F. R. Doc. 54-5554; Filed, July 20, 1954; The regulations. (1) The areas pre­ at the mouth of the South Pass of the 8:45 a. m.] scribed in paragraph (b) of this section Mississippi River, within an area pre­ may be used only for the dumping of scribed by lines bearing 96° true and suitable nonfloatable materials, not 159° true from South Pass (Range Rear) TITLE 45— PUBLIC WELFARE easily transported by the currents. Light and extending seaward to the 40- Dumping of objects and materials of any fathom curve. Chapter V— Foreign Claims Settle­ type or class within the areas prescribed (4) The waters of the Gulf of Mexico ment Commission of the United in paragraph (c) of this section is strictly at the mouth of the Southwest Pass of States prohibited. the Mississippi River, within an area (2) No dumping shall be done in areas prescribed by lines bearing 124° true and Subchapter B— Receipt, Adjudication and established for this purpose until prior 217® true from Southwest Pass East Payment of Claims permission therefor has been obtained Jetty End Light and extending seaward P art 505—F il in g of C l a im s and P roce­ from the district engineer, in charge of to the 40-fathom curve. dures T h erefor the locality. The district engineer may [Regs., Ju ly 6, 1954, 800.2121-ENGWO] (33 claims defined suspend the work or revoke the permis­ S tat. 1147, 40 Stat. 266; 33 U. S. C. 1, 419) sion at any time. If inspections or any 1. Section 505.1 (b) is hereby amended other operations by the United States [ seal] J o h n A. K l e in , to read as follows: Major General, U. S. Army, are necessary in the interests of naviga­ § 505.1 Claims defined. * * * tion, all expenses connected therewith The Adjutant General. (b) Any communication, letter, note shall be borne by the party responsible [F. R. Doc. 54-5576; Filed, July 20, 1954; or memorandum from a claimant, or his for the dumping. 8:51 a. m.] duly authorized representative, or a per­ (3) Maps showing the location of the son acting as next friend of a claimant dumping grounds may be seen at the of­ who is not sui juris, setting forth suffi­ fice of the district engineer, in charge of TITLE 39— POSTAL SERVICE cient facts to apprise the Commission of the locality, or upon request, he will fur­ Chapter I— Post Office Department an intent to apply under the provisions nish a written description of the location of sections 5 (a) through (e), 6 and 7 of the grounds. P art 34—C lassification and R ates o f (a) of the act shall be deemed to be an (4) The regulations in this section P ostage informal claim. When an informal shall be enforced by the Commanders, claim is received and an official form is Eastern Sea Frontier and Western Sea PARCELS ADDRESSED TO CERTAIN A. P. O.'S forwarded for completion and execution Frontier, and such agencies as they may In § 34.95 Parcels addressed to certain by the applicant, such official form shall designate. A. P. O.’s make the following changes: be considered as evidence necessary to (b) Dumping grounds. (1) The 1. In paragraph (a) (1), amend the complete the initial claim, and unless waters of the Atlantic Ocean south of list of members under “Care Postmaster, such official form is received within Charleston Harbor, South Carolina, New York, N. Y.” by striking out 202-A thirty days from the date it was trans­ within a circle having a radius of five and by inserting, in proper numerical mitted for execution, the claim will be miles with its center at latitude order, the following: deemed abandoned. 32°20'00", longitude 79°55'00'\ 128, 210, 214. (2) The waters of the Straits of Flor­ (Sec. 2, 62 s ta t. 1240, 50 U. S. C. App. 2001) ida south of Key West Harbor, Florida, 2. In paragraph (b) (1), amend the W h it n e y G illilland, within a circle having a radius of five list of A. P.' O. numbers by inserting Acting Chairman, Foreign miles with its center at latitude Nos. 166,210, and 214; and by striking the Claims Settlement Commis­ 23®54'O0", longitude 81°37'00". following: sion of the United States. (3) The waters of the Gulf of Mexico 1—A, 62, 171—A, 178-A, 202-A, 403-A, 696-A. [F. R. Doc. 54-5573; Filed, July 20, 1954; off the South Pass of the Mississippi 8:50 a. m.] River, within a circle having a radius of 3. In paragraph (b) (3), insert A. P. O. two nautical miles with its center at lati­ numbers 84, 128, 203, and 230. tude 29°03'00", longitude 88°57'18". 4. In paragraph (b) (4), insert A. P. O. 166 and strike out numbers 1-A, 62,128, Subchapter C— Appeals and Hearings (4) The waters of the Gulf of Mexico 171-A, 178-A, 403-A, and 696-A. off the Southwest Pass of the Mississippi 5. In paragraph (b) (5), strike 202-A P art 515— Appeals River, within a rectangular area de­ and insert 210, 212, 2Í4, and 218. S ubpart A— Appeals, G eneral scribed as follows: Beginning at latitude I n fo r m a t io n 28°52'33", longitude 89°28'58", thence (R. S. 161, 396; secs. 304, 309, 42 S tat. 24, to latitude 28°51'00, longitude 89°31'54", 25; 5 U. S. C. 22, 369) APPEAL FORM AND TIME LIMITATIONS thence to latitude 28°52'42", longitude [ seal] A be M cG regor G o ff, 1. Section 515.2 (a) is hereby amended 89®33'00", thence to latitude 28°54'18", The Solicitor. to read as follows: longitude 89°30'12'/i! thence to the point [F. R. Doc. 54-5555; Filed, July 20, 1954; > § 515.2 Appeal form and time limita­ of beginning. 8:46 a. m.] tions. (a) Any correspondence of claim- Y/ednesday, July 21, 1954 FEDERAL REGISTER 4499 ant or his duly authorized representative Executive Order No. 10355 of May 26, tence of § 308.507 should read: “If the which indicates claimant intends to 1952, and upon the recommendation of assured fails to increase the deposit or appeal may be accepted as an appeal in the Secretary of Agriculture, it is ordered the surety bond within the seven (7) day lieu of an appeal on WCC Form 1105 in as follows: period, the policy automatically becomes cases adjudicated prior to June 1, 1954. 1. Executive Order No. 4247 of June 5, void at the end of the seven (7) day An appeal shall be in writing on WCC 1925, reserving approximately 14,000 period except as to risks which have F orm 1105 in all cases adjudicated sub­ acres of land in Townships 24, 25 and 26 attached prior to that date.” sequent to June A, 1954. Any award au­ N., Ranges 1, 2, and 3 E., 4th P. M., Illi­ thorized tcfbe paid or disallowance made nois, comprising a portion of the Sa­ prior to May 1, 1954, may be appealed vanna Proving Ground Military Reser­ TITLE 50— WILDLIFE from at any time within six months from vation in the State of Illinois as the Sa­ Chapter I— Fish and Wildlife Service, the date of the award check or disallow­ vanna National Forest, re-named the ance letter informing the claimant of Bellevue-Savanna National Forest by Department of the Interior the original determination. Any award Executive ^Drder No. 4458 of June 15, Subchapter F— Alaska Commercial Fisheries authorized to be paid or disallowance 1926, is hereby revoked. P art R esurrection B ay A rea m ade on or after May 1, 1954, may be 2. The lands included in this revoca­ 110— appealed from at any time within three tion are acquired lands of the United closed w aters months from the date of the award States under the primary jurisdiction of Basis and purpose. Observations of check or disallowance letter informing the Department of the Army, and are Fish and Wildlife Service personnel the claimant of the original determina­ not subject to the provisions of the act show that the red salmon runs in Bear tion. - * ^ of September 27, 1944 (58 Stat. 747; 43 U. S. C. 279-284), as amended, granting and Salmon Creeks of the Resurrection (Sec. 2, 62 s ta t. 1240, 50 TJ. S. C. App. 2001) a preference right of application to vet­ Bay area are being depleted by excessive W h it n e y G illilla nd , erans of World War II and others. takes for personal use. Acting Chairman, Foreign Therefore, § 110.50 is amended in text Claims Settlement Commis­ O rm e L e w is , by changing the period at the end to a sion of the United States. Assistant Secretary 6f the Interior. colon and adding the following proviso: Provided, That in Bear and Salmon IP. R. Doc. 54-5572; Piled, July 20, 1954; J u ly 15, 1954. Creeks fishing for, taking or molesting 8:50 a. m.] [P. R. Doc. 54-5552; Piled, July 20, 1954; any salmon by any means or for any 8:45 a. m.l purpose is prohibited prior to 6 o’clock antemeridian August 15. TITLE 43— PUBLIC LANDS: Since immediate action is necessary, INTERIOR TITLE 46— SHIPPING notice and public procedure on this Chapter I— Bureau of Land Manage­ Chapter II— Federal Maritime Board, amendment are impracticable (60 Stat. 237; 5 U. S. C. 1001 et seq.). ment, Department of the Interior Maritime Administration, Depart­ (Sec. 1, 43 S tat. 464, as am ended; 48 U. S. C. Appendix C— Public Land Orders ment of Commerce 221) [Public Land Order 982] Subchapter G— Emergency Operations This change shall become effective I l l in o is [G eneral Order 75, Supplem ent 2] immediately upon publication in the revoking executive order n o . 4247 o f P art 308—W ar R is k I nsurance F ederal R egister. JUNE 5, 1925 SUBPART F— WAR RISK CARGO INSURANCE Dated: July 19, 1954. By virtue of the authority vested in the Correction J o h n L. F arley, President by section 9 of the act of June • Director. 7, 1924 (43 Stat. 655,, 16 U. S. C. 471), In Federal Register Document 54-5409, and the act of June 4, 1897 (30 Stat. 34, appearing at page 4407 of the issue for [F. R. Doc. 54-5643; Filed, July 19, 1954; 36; 16 U. S. C. 473), and pursuant to Saturday, July 17, 1954, the fourth sen­ 4:46 p .m .]

PROPOSED RULE MAKING

decision of the Deputy Administrator, suant to notice thereof issued on May 28, DEPARTMENT OF AGRICULTURE Agricultural Marketing Service, United 1954 (19 F. R. 3282). Agricultural Marketing Service States Department of Agriculture, with The material issues of record relate to: respect to a proposed marketing agree­ 1. The pricing of Class I milk; I 7 CFR Part 982 1 ment and a proposed order amending 2. The pricing of Class II milk; [Docket No. AO-238-Ae-ROl] the order, as amended, regulating the 3. Administrative assessments on milk handling of milk in the Central West diverted to unapproved plants for the H andling of M il k in C entral W est Texas marketing area. Interested par­ account of a cooperative association; T exas M arketing Area ties may file written exceptions to the 4. Pool plant requirements; and notice of recommended d ec isio n and decision with the Hearing Clerk, United 5. The provisions relating to certain . OPPORTUNITY to f il e w r it t e n ex cep­ States Department of Agriculture, packaged milk. tions WITH RESPECT TO PROPOSED MAR­ Washington 25, D. C., not later than the By decision of the Secretary of Agri­ KETING AGREEMENT AND ORDER AMENDING close of business on the 3d day after culture issued January 28,1954 and sub­ THE ORDER, AS AMENDED publication of this decision in the F ed­ sequent amendment of the order effective February 1, 1954 action has been taken Pursuant to the provisions of the Agri­ eral R eg ister. Exceptions should be filed in quadruplicate. on the record of the January 7-8, 1954 cultural Marketing Agreement Act of Preliminary statement. The hearing hearing with respect to the pricing of 1937, as amended (7 U. S. C. 601 et seq.) on the record of which the proposed Class II milk used to produce Cheddar hereinafter referred to as the act and cheese. This decision considers the re­ the applicable rules of practice and pro­ marketing agreement and order was cedure, as amended, governing the formulated, was conducted at Abilene, maining issues upon which testimony formulation of marketing agreements Texas on January 7-8, 1954, pursuant to was receiyed at that time and at the re­ and marketing orders (7 CFR Part 900) , notice thereof which was issued on De­ opened hearing held June 8, 1954. notice is hereby given of the filing with cember 29, 1953 (19 F. R. 16) and re­ The original notice of hearing con­ the Hearing Clerk of the recommended opened at Abilene, Texas on June 8 pur­ tained a proposal to delete certain cities No. 140------2 4500 PROPOSED RULE MAKING

from the defined marketing area. No of 10 cents in the differential between The price for Class n milk under the evidence was. offered in support of such, the Class I prices of the two orders will Central West Texas order is presently proposal and it is therefore denied. more nearly equalize the attractiveness the average paying prices of three Texas Findings and conclusions. The follow­ of the two markets to producers whose milk manufacturing plants for the ing findings and conclusions are made on farms are located in the common supply months of April, May and June and the the basis of the evidence received at the area. The record shows that a 25-cent higher of such price or “a butter-nonfat hearing and the record thereof: differential resulting from this charge dry milk solids” formula price for other 1. The pricing of Class I milk. The will more nearly reflect the cost of bulk months of the year. For the months of amount to be added to the Class I price movements of milk between North Texas April through June 1954, action has been of the North Texas order in determining plants and the principal cities of this taken on this record to price Class II the Class I price of the Central West central zone. This reduction will tend milk disposed of for the manufacture of Texas order should be reduced by 10 to equalize the competitive .relationship Cheddar cheese at a price determined cents. The plus location adjustment ap­ between the Central West Texas market from the market prices of cheese. plicable to Class I milk received at plants and North Texas market in acquiring It was proposed that the ‘'butter-non­ within 70 miles of Midland, Texas should milk for sale in the central zone. To fat solids” formula price be reduced by be changed from 20 cents to 15 cents per conform with this action, the Class I and 30 cents. Since January 1953 this price hundredweight, and location adjust­ producer location differentials applica­ has been higher each month than the ments to producer prices should be ble to milk delivered to plants which are three-plant price. For April 1954 the changed accordingly. both 180 miles or more from Midland difference was 40 cents. In support of The Central West Texas order pres­ and 105 miles or more from Abilene the proposal the present lack of ade­ ently provides that the Class I price is should also be reduced from 35 cents to quate manufacturing facilities to permit that of Order No. 43 for the North Texas 25 cents. This would result in a Class I efficient utilization of milk in ice cream marketing area, plus 35 cents. The re­ price to a plant subject to the Central and other higher valued Class II prod­ sulting price is subject to location adjust­ West Texas order but located in the ucts was cited. Handlers in the Central ments whereby the price for milk deliv­ North Texas marketing area equal to the West Texas market have seldom in the ered to plants in the western portion of North Texas Class I price. Producers in past had milk supplies in excess of their the area (within 70 miles of Midland, the eastern part of the milkshed supply fluid needs. Texas) is increased 20 cents to a total of plants in the western and central zones While producer receipts have been in­ 55 cents over the North Texas price, and of the marketing area as well as one plant creased substantially, so have Class I the price for milk delivered to plants in in the eastern zone. A comparison of sales from approved plants. For March the eastern portion of the marketing hauling costs from this common supply and April of this year a higher percent­ area, which is nearest to the North Texas area to the central and western zones age of producer receipts was needed for marketing area, is reduced 20 cents, thus indicates that a differential of somewhat Class I use than in the same months of being 15 cents more than the North less than the 20 cents now provided will 1953. The higher total receipts, how­ Texas price. Similar adjustments are enable these producers to supply either ever, resulted in a slightly greater vol­ made in blend prices paid producers. the central or western zone plants and ume of milk in Class II. Testimony at This system of pricing recognizes the receive equal returns. Producers from the hearing indicates that receipts were natural and necessary westward move­ this area are currently delivering milk- decreasing at that time despite improved ment of milk in this area, due to pro­ from their farms to a plant in the west­ spring rainfall in comparison with recent gressively less favorable milk production ern zone for 63.5 cents per hundred­ years. conditions. A substantial volume of weight. Prom the same general area The present provisions were adopted milk priced under the North Texas order producers are delivering milk from their in order to align Class II prices of the is moved westward and distributed in farms to central zone plants in Abilene Central West Texas order with those of the Central West Texas area by handlers and San Angelo for 47, 48 and 50 cents. the North Texas order. The present subject to the North Texas order. Loca­ A difference of 15 cents between the cen­ record provides no basis for changing tion adjustments within the order are tral and western zones, therefore, will the Class II price alignment. Under necessary to make possible the supply of provide approximately equal returns to both of these orders. Class n prices for plants in the more deficit western por­ producers in this common production the. months of April, May and June are tion of the area with milk produced in area. It should be possible, therefore, based on paying prices of three Texas the eastern area of higher milk pro­ for the western zone plant to continue manufacturing plants. By amendment duction. to draw supplies from this area. The to the North Texas order, effective April The production areas of the North cooperative association which assumes 1, 1954, of which official notice is hereby Texas and Central West Texas markets the responsibility for delivery of this taken, a reduction of 16 cents per hun­ overlap to some extent. Within the past milk proposed that the location adjust­ dredweight of 4 percent milk was made year the area of competition between the ment of the Class I price applicable to in the butter-powder formula price of milksheds has increased as producers in deliveries to the western zone plants be that order for the months through areas from which all milk was formerly reduced from 20 cents to 15 cents. On March 1955 and the Class II butterfat delivered to North Texas handlers now the basis of the comparative hauling differential was reduced from .115 times deliver milk to Central West Texas rates cited, it is concluded that the pro­ the price of butter to .108 for the months plants. In addition the number of pro­ posal should be adopted. For the same through June 1955. It is concluded that ducers delivering to the Central West reasons, the corresponding location ad­ alignment of Class II prices in the two Texas market from the former common justment applicable to producers’ blend orders should be continued and that supply area has increased. The majority prices should also be changed in a like similar amendment should be made in of these shifts in producers are associ­ amount. the Central West Texas order at this ated with a change in plant operations 2. The pricing of Class II milk. Thetime.. whereby a North Texas handler has se­ alternative formula for determining the It was proposed that the pricing cured processing facilities in the Central Class n price on the basis of the prices presently provided for milk used in the West Texas area. Milk is now received of butter and nonfat dry milk solids manufacture of Cheddar cheese should and distributed from this plant under should be reduced 16 cents per hundred­ extend beyond the expiration date of the Central West Texas order instead of weight for the months through March July 31 of this year through the flush being bottled and distributed directly 1955. The butterfat differential for season of 1955. It is not possible at this from his North Texas plant. Class H milk should be reduced from time to determine the necessity or pro­ A comparison of the hauling rates .115 to .108 times the price of butter for priety of such action. Other changes in which producers incur in delivering milk- the months through June 1955. The the Class II pricing provisions, discussed from the common supply area to the above, will afford a reasonable price to temporary pricing heretofore provided fluid milk handlers for handling their North Texas plants and to the Central for milk disposed of for use in the manu­ West Texas plants indicates that the necessary reserve supplies. There is a facture of Cheddar cheese for April, possibility, however, that some milk may difference between these rates is less May, June and July 1954 should be ex­ need to be disposed of for cheese manu­ than the difference between the Class I tended through the month of August facture in August 1954 before the sea­ prices of the two orders. A reduction 1954. sonal increases in Class I sales which Y/ednesday, July 21, 1954 FEDERAL REGISTER 4501 usually begin in September. The lim­ pool. This would have the effect of re­ to such deliveries in applying this ited manufacturing facilities in the area ducing returns to the regular suppliers limitation. may require disposition of milk in this of Class I milk for the market. The definition of “route” should be manner. It is concluded, therefore, that It is concluded, therefore, that the further amended to limit to receipts of this temporary pricing provision should definition of a pool plant should not be producer milk classified and priced as be extended only through August 1954. changed. Class I milk, those receipts from an ap­ 3. Expense of administration. A pro­ 5. Custom packaged milk. The orderproved plant that may be used to offset posal to make the administration assess­ provisions under which a milk processing deliveries of packaged milk to such plant ment inapplicable to producer milk plant may supply milk in consumer so that such deliveries are without reg­ diverted to unapproved plants should be packages to a plant fully regulated by ulation of the order. The privilege af­ denied. It does not appear from the the order without itself becoming subject forded a plant to custom package milk record that adoption of the proposal to the order with respect to such milk for a regulated plant without itself be­ would provide a more equitable distribu­ should be revised .(1) to permit producer coming subject to regulation with respect tion of the expenses of administration milk diverted as Class I milk to such to such milk should not extend beyond among handlers. To some degree the plant for the account of a cooperative the point that such operations are car­ proposal was associated with pricing association to offset such deliveries, and ried out with milk priced under the order. problems and to that extent the prob­ (2) to require that when milk is trans­ Otherwise substantial volumes of pack­ lems sought to be corrected have been ferred or diverted from the fully regu­ age deliveries may escape regulation considered in arriving at the conclusions lated plant such milk may offset such through a handler operating an ap­ contained herein and made heretofore deliveries only to the extent that it is proved plant with a small volume of on this record with respect to pricing. producer milk classified as Class I milk. producer milk receiving substantial vol­ 4. Pool plant requirements. The pro­ Under the Central West Texas order, umes of other source milk and transfer­ posal to remove the 15 percent delivery plants from which routes are operated ring such other source milk as Class I requirement from the definition of “ap­ in the marketing area are subject to reg­ milk for custom bottling. The record proved plant” should be denied. ulation. For plants operating under indicates a strong possibility that the An approved plant is defined as a plant health authority approvals granted on a same unregulated plant could be the from which Grade A milk is distributed reciprocal basis, partial regulation is pro- ‘ source of supply for other source milk on routes operated partially or wholly vided if the volume of Class I milk dis­ at the point at which custom bottling within the marketing area in an amount posed of on routes operated wholly or occurs. Such a situation would not only equal to 15 percent or more of the total partially in the marketing area is less provide a means whereby substantial fluid milk sales from such plant. This than 15 percent'of such plant’s total dis­ volumes of milk would escape regula­ 15 percent performance requirement was position of Class I milk. Some Central tion but would make extremely difficult instituted in the order to preclude the West Texas handlers have certain types the verification of the movements of extension of full regulation to handlers of consumer packages custom packaged milk upon which depends the determi­ and participation in the market-wide for them in outside plants. The present nation of route operations and the ex­ pool by handlers whose deliveries in the definition of “route” recognizes this situ­ tent of regulation to which the plant marketing area represent only irregular ation in that deliveries of defined Class I doing custom bottling is subject. shipments or a small portion of their items in consumer packages to a milk General findings, (a) The proposed regular business. processing plant in a volume not in excess marketing agreement and the order, The order requires a handler who de­ of that received as Class I milk from amending the order, as amended, and livers not more than 15 percent of his such plant are excluded in the determi­ all of the terms and conditions thereof sales in the marketing area to equalize nation of the extent and volume of route will tend to effectuate the declared pol­ with the market-wide pool to the extent delivery from the plant at which such icy of the act; of his Class I sales in the marketing area packaged milk originates. (b) The parity prices for milk as de­ at a rate equal to the difference, if any, Circumstances in the market are such termined pursuant to section 2 of the between the lowest price he paid his dairy that economies in movement of milk act are not reasonable in view of the farmers for milk and the Class I price could be effected without additional cost price of feeds, available supplies of feeds, established for such milk pursuant to to producers if a cooperative association and other economic conditions which af­ the order. To the partially regulated could divert producer milk directly to an fect market supply of and demand for handler, this results in equalizing the unapproved plant, at which such pack­ milk in the marketing area, and the min­ cost of milk which he disposes of in the aging is done rather than for the milk imum price specified in the proposed marketing area with the price that a to be first received at the approved plant marketing agreement and the order fully regulated handler is required to pay which ultimately distributes the milk in amending the order, as amended, are under the order. The record fails to packaged form. Such movement of milk such prices as will reflect the aforesaid show that handlers distributing less than classified as Class I milk will protect the factors, insure a sufficient quantity of 15 percent of their fluid milk in the mar­ interests of producers in receiving Class pure and wholesome milk, and be in the keting area have disrupted the orderly I price for the milk ultimately distrib­ public interest. marketing of producers’ milk in the area. uted by the approved plant. It is con­ (c) The proposed order amending the The delivery requirement now in the cluded that the “route” definition should order, as amended, will regulate the han­ order is a necessary adjunct to the pric­ be amended to provide that milk so di­ dling of milk in the same manner as, and ing and pooling provisions of the order. verted should also serve as a credit will be applicable only to persons in the Unless some delivery requirement is spec­ against package deliveries to an ap­ respective classes of industrial and com­ ified, any plant from which any Class I proved plant in determining the route mercial activity specified in a marketing milk is distributed in the marketing area operations of the unapproved plant, agreement upon which a hearing has would be made subject to full regulation. A conforming change should also be been held. If a plant shipped only a small amount made in the provisions under which re­ Proposed findings and conclusions. of milk, or if its shipments of milk were ceipts of packaged milk are allocated in Briefs were filed on behalf of the pro­ intermittent or inadvertent, it would be­ determining the classification of pro­ ducer association and a number of the come fully subject to regulation. This ducer milk received at the approved handlers in the market. The briefs might cause hardship upon the operators contained proposed findings of fact, con­ plant. The limitation on the volume of clusions, and argument with respect to of such a plant or upon the producers such receipts that may be deducted from the proposals discussed at the hearing. supplying milk to the plant and this is total Class I milk should be broadened Every point covered, in the briefs was not necessary to effectuate the regula­ to include milk so diverted by a coop­ carefully considered along with the rec­ tion. On the other hand, without some erative association. In the extremely ord evidence in making the findings delivery requirement, a plant engaged unlikely event that an unapproved plant and reaching the conclusions hereinbe­ Primarily in the manufacture of milk to which the cooperative association di­ fore set forth. To the extent that such rather than in the furnishing of Class I verts milk furnishes packaged milk to suggested findings and conclusions con­ milk to the marketing area could place two or more approved plants, it will be tained in the briefs are inconsistent with itself under full regulation and thereby necessary for the market administrator the findings and conclusions contained share in the proceeds of the market-wide to prorate the volume of diverted milk herein the request to make such findings 4502 PROPOSED RULE MAKING or to reach such conclusions is denied on to paragraph (b) of this section less 16 (a) Class I milk: Multiply such price the basis of the facts found and stated cents, whichever is higher; and for each for the preceding month by 1.25; and in connection with the conclusions In of the other months the price computed (b) Class II milk: For each of the this decision. pursuant to paragraph (a) of this sec­ months of August 1954 through June Recommended marketing agreement tion or the price computed pursuant to 1955 multiply such price for the current and order. The following order amend­ paragraph (b) of this section, whichever month by 1.08 and for each month after ing the order, as amended, is recom­ is higher: Provided, That from the effec­ June 1955 multiply such price for the mended as the detailed and appropriate tive date of this proviso through August current month by 1.15. - means by which these conclusions may 1954, the minimum price per hundred­ be carried out. A proposed marketing weight for Class II milk disposed of for § 982.53 Location adjustment to han­ agreement is not included because the use in Cheddar cheese shall be computed dlers. For milk blassified as ClaSs I milk regulatory provisions thereof would be by multiplying the simple average of the the price set forth in § 982.50 shall be the same as those contained in the daily prices paid per pound, using the subject to the following adjustments: order: midpoint of any price range as one price, (a) For milk received from producers 1. Amend § 982.14 to read as follows: for Wisconsin State Brand Cheddars in at an approved plant located within 70 highway miles of the United States Post § 982.14 Route. Route means any de­ cars or truckloads, f. o. b. Wisconsin as­ sembly points, as reported by the Depart­ Office in Midland, Texas, such price shall livery (including any delivery by a be increased 15 cents; vendor or at a plant store) of milk, skim ment for the trading days during the milk, buttermilk, or flavored milk drinks month for which prices are being com­ (b) For milk received from producers other than as follows: puted, by 8.0._ at an approved plant located (1) east (a) Delivery in bulk to a milk process­ (a) The average of the basic or field of the 103d principal meridian, (2) ing plant; or prices reported to have been paid or to more than 180 highway miles from the (b) Delivery in consumer packages be paid for ungraded milk of 4.0 per­ United States Post Office in Midland» from a milk processing plant to an ap­ cent butterfat content received from Texas, and -also (3) at the following proved plant in a volume not in excess dairy farmers at the following plants or highway distances from the United of the volume of producer milk received places for which prices have been re­ States Post Office in Abilene, Texas, such during the month from such approved ported to the market administrator or price shall be reduced as follows: plant and classified as Class I milk, and to the Department: Cents milk diverted as Class I milk by a co­ Carnation Co., Sulphur Springs, Tex. More than 70 miles but less than 105 operative association pursuant to § 982.9 The Borden Co., M ount Pleasant, Tex. m iles ______20 (c) to such milk processing plant. For Lamar Creamery, Paris, Tex. 105 miles or m ore______25 the purposes of this paragraph milk so (b) The sum of the plus values com­ (c) If a handler operates two or more received from such approved plant shall puted as follows: approved plants at which different Class be considered to be producer milk to the (1) From the simple average as com­ I prices apply, the total milk received by extent that total receipts during the puted by the market administrator of such handler from producers and classi­ month of producer milk at such approved the daily wholesale selling prices (using fied as Class I milk shall be assigned to plant exceed total Class I sales less: (1) the mid-point of any price range as one the milk received from producers at each The volume of milk transferred as Class price) per pound of Grade A (92-score) such plant in the following sequence: I milk to such milk processing plant and bulk creamery butter per pound at (1) The Class I milk disposed of from (2) the volume of milk received in con­ Chicago, as reported by the Department each such plant shall be assigned to re­ sumer packages from such milk process­ during the month, subtract 3 cents, add ceipts from producers at such plant to ing plant. 20 percent thereof, and multiply by 4.0. the extent of such receipts; 2. Delete § 982.46 (a) (3) and substi­ (2) From the simple average, as com­ (2) Class I milk disposed of from any tute; therefor the following: puted by the market administrator, of such plant in excess of receipts from the weighted averages of carlot prices per producers at such plant shall be assigned (3) Subtract from the remainingpound for nonfat dry milk solids, spray to milk received from producers at other pounds of skim milk in Class I milk the and roller process, respectively for hu­ approved plants of such handler pro pounds of skim milk received as Class man consumption, f. o. b. manufacturing rata to the volumes of producer milk I products in consumer packages from plants in the Chicago area, as published moved to such plant from each such an unapproved plant which are not in for the period from the 26th day of the other plant to the extent that milk was excess of the pounds of skim milk trans­ preceding month through the 25th day of so moved; and ferred or diverted by the handler or by the current month by the Department, (3) Any remaining milk received from a cooperative association to such un­ deduct 5.5 cents, multiply by 8.5 and producers and classified as Class I milk approved plant as Class I milk. multiply by 0.96. shall be assigned pro rata to receipts 3. Delete §§ 982.50 through 982.53 and § 982.52 Butterfat differential to han­ from producers to which Class I milk is substitute therefor the following: dlers. If the average butterfat content not otherwise assigned. § 982.50 Class I milk. Subject to the of the milk of any handler allocated to 4. Delete § 982.91 and substitute there­ provisions of §§ 982.52 and 982.53 the any class pursuant to § 982.46 is more for the following: minimum price per hundredweight to or less than 4.0 percent, there shall be § 982.91 Location adjustments to pro­ be paid by each handler for milk re­ added to the respective class price, com­ ducers. (a) In making payments to pro­ ceived at his plant from producers and puted pursuant to §§ 982.50 and 982.51, classified as Class I milk shall be the for each one-tenth of one percent that ducers pursuant to § 982.90 the following price for Class I milk established under the average butterfat content of such adjustments shall apply to the uniform Federal Order No. 43 regulating the milk is above 4.0 percent, or subtracted price for all milk computed pursuant to handling of milk in the North Texas for each one-tenth of one percent that § 982.72 or to the uniform price for base marketing area, plus 25 cents. such average butterfat content is below milk computed pursuant to § 982.73 (e): 4.0 percent, an amount equal to the (1) For milk received from producers § 982.51 Class II milk. Subject to at an approved plant located within 70 the provisions of § 982.52 the m in im u m butterfat differential computed by multi­ price per hundredweight to be paid by plying the simple average, as computed highway miles of the United States Post each handler for milk received at his by the market administrator, of the daily Office in Midland, Texas, each handler plant from producers and classified as wholesale selling price per pound (using shall add 15 cents; Class n milk shall be the price computed the mid-point of any price range as one (2) For milk received from producers pursuant to paragraph (a) of this sec­ price) of Grade A (92-score) bulk at an approved plant located (i) east of tion for the months of April, May and creamery butter at Chicago, as reported the 103d principal meridian (ii) wore June; for each of the months of August by the Department during the appro­ than 180 highway miles from the United 1954 through March 1955, the price com­ priate month, by the applicable factor States Post Office in Midland, Texas, and, puted pursuant to paragraph (a) of this listed below and dividing the result by also (iii) at the following distances from section or the price computed pursuant 10: the United States Post Office in Abilene, Wednesday, July 21, 1954 FEDERAL REGISTER 4503 Texas, each handler may deduct the ap­ § 993.106 natural condition prunes. infestation, and decay, may be accepted plicable amounts set forth below: “Natural condition p r u n e s ” means by the handler for the account of the Cents prunes prior to size grading, sorting, or producer or dehydrator for conditioning More than 70 miles but less than 105.. 20 other cleaning by a handler. by sorting out of such lot prunes with 105 miles or more------25 such defects: Provided, That such lot § 993.107 Processed prunes, natural shall be identified and kept separate and (b) The location adjustment applica­ condition weight. “Processed prunes, apart from any other prunes in the han­ ble with respect to excess milk shall be natural condition weight” means prunes dler’s possession until resubmitted for computed as follows: which have been cleaned by a handler, inspection and certificated, or returned (1) Subtract from the total volume of including cleaning by size grading or to the producer or dehydrator. At the Class I milk allocated to producer milk sorting, without the use of hot water or time of such original determination by pursuant to § 982.46 the total volume of steam. the inspector, he shall assign to such lot base milk received by all handlers ; § 993.108 Processed prunes, processed of primes an inspection certificate num­ (2) Divide the result by the total weight. “Processed prunes, processed ber, and he shall make a record'of the volume of excess milk received by all weight” means prunes which have been following'information: (i) The place and handlers; and treated by a handler with hot water or date the inspection was commenced; (3) Multiply by the rate of location steam. (ii) the names and addresses of the pro­ adjustment applicable for base milk re­ § 993.109 Inedible substandard ducer or dehydrator and the handler; ceived at the same location and round to and (iii) the variety of the prunes, the the nearest cent. prunes. “Inedible substandard prunes” means surplus substandard prunes county in which they were produced, the Issued at Washington, D. C., this 16th which, by the determination prescribed number and type of containers thereof, day of July 1954. and the net weight of the prunes as in § 993.63 (f), shall be sold or disposed shown on the door receipt(s) or weight [seal] R oy W. L ennartson, of only for disposition as animal feed, certificate (s), together with the number Deputy Administrator. distillation, or for any use other than for human consumption. of such receipt(s) or certificate (s). Fol­ [P. R. Doc. 54-5561; Piled, July 20, 1954; lowing the sorting of such prunes, and 8:47 a. m.] § 993.110 Edible substandard prunes. prior to commingling with other prunes, “Edible substandard prunes” means sur­ the inspector shall, unless the prunes are plus substandard prunes which, by the to be returned to the producer or de­ determination prescribed in § 993.63 (f), hydrator, complete the inspection there­ [ 7 CFR Part 993 1 may be sold for any manufacturing pur­ of and issue the certificate assigned to Handling of D ried P runes P roduced in pose in which such prunes will lose their such lot in accordance with his findings, C alifornia form and character as prunes by conver­ indicating thereon that such lot was in­ sion prior to consumption. spected following sorting thereof by the NOTICE OF PROPOSED RULE MAKING WITH 2. Amend the provisions of § 993.148 handler and showing the place and date RESPECT TO AMENDMENTS OF AMENDED the inspection was completed: Provided, ADMINISTRATIVE RULES AND PROCEDURES (b) (2) by deleting the word “and” im­ mediately preceding subdivision “(vi)”> That, the original lot is re-assembled in Notice is hereby given that the Secre­ changing the period at the end to a semi­ not more than three sub-lots at the time tary of Agriculture is considering the colon, and adding the following immedi­ of resubmittal for inspection. In the approval of proposed amendments sub­ ately thereafter: “and (vii) if tendered event the identity of the lot is not main­ mitted by the Prune Administrative as substandard to be held for the account tained to the satisfaction of the in­ Committee, and set forth hereinafter, of of the committee, whether the entire lot spector, unless the prunes are returned the amended administrative rules and meets those minimum standards pre­ to the producer or dehydrator, the in­ procedures (16 P. R. 9367, 10621, 11634, scribed in § 993.97 (Exhibit A) as relate spector shall issue the certificate as­ 11712; 18P.R. 4516; 19 F. R. 1315) issued to the defects of mold,, imbedded dirt, signed to such lot in accordance with his pursuant to the applicable provisions of insect infestation, and decay, or if ac­ original findings at the time of the Marketing Agreement No. 110, as further cepted on an appraisal basis, whether tender. Any prunes sorted out of a lot amended, and Marketing Order No. 93, the total quantity of off-grade primes in accepted by a handler for conditioning as further amended (19 F. R. 1301), the lot would meet those minimum in accordance with the provisions hereof, regulating the handling of dried prunes standards prescribed in § 993.97 (Exhibit unless returned to the producer or de­ produced in California, effective under A) as relate to the defects of mold, im­ hydrator, shall be kept separate and the Agricultural Marketing Agreement apart from any other prunes in the han­ bedded dirt, insect infestation, and dler’s possession until resubmitted as a Act of 1937, as amended (7 U. S. C. 601 decay.” et seq.). It is contemplated that the 3. Amend the provisions of § 993.148 separate lot for inspection and certifica­ proposed amendments will be incorpo­ (c) by changing the designation of tion. rated in a rewritten version of the said present subparagraph (3) thereof to read 4. Amend the provisions of § 993.149 administrative rules and procedures, as subparagraph (4), and inserting a new (c) relating to the information required amended, in their entirety and pub­ subparagraph (3) immediately prior to be submitted on Form PAC 1.1 to read lished as such. Y thereto which will read as follows: as follows: “(1) The date of the trans­ Consideration will be given to any fer; (2) the names and addresses of the data, views, or arguments pertaining (3) Prunes with inedible defects in handlers and the locations of the plants; to the amendments hereinafter set forth excess of the applicable tolerances there­ (3) the number of packages and the which are filed in triplicate with the Di­ for. Any substandard prunes tendered total net weight of prunes; (4) the con­ rector, Fruit and Vegetable Division, to a handler by a producer or dehydrator dition of the prunes (whether natural or Agricultural Marketing Service, Upited on the basis that they will be held un­ processed, and if processed, whether States Department of Agriculture, sorted by the handler for the account natural condition weight or processed Washington 25, D. C., and received not of the committee, which an inspector weight) ; and (5) the manifest or billing later than the close of business on the determines would fail to meet the appli­ number.” 8th day after, the date of publication of cable minimum standards set forth in 5. Amend the provisions of § 993.161 this notice in the F ederal R egister, ex­ § 993.97 (Exhibit A ), when considered in (a) (3) (iv) to read as follows: “(iv) cept that, if said 8th day after publica­ terms of the entire lot, as they relate to the total net weight of the delivery, tion should fall on a legal holiday or the defects of mold, imbedded dirt, insect itemized as to salable, surplus standard, Saturday or Sunday, such submission infestation, and decay, or any substand­ and surplus substandard prunes, the net will be received by the Director not later ard prunes tendered to a handler by a weight, by sizes, of the surplus standard than the close of business on thé next prunes, and the net weight, by classifica­ following business day. The proposed producer or dehydrator on an appraisal basis, the off-grade portion of which an tions (edible and inedible), of the sur­ amendments are as follows: plus substandard prunes as determined 1. Add the following new sections, inspector determines would fail to meet the applicable minimum standards set by inspection certificate data developed under the main heading entitled “Defi­ for the administration of the provisions nitions’’, immediately following forth in said § 993.97 as they relate to the §933.105: ‘ defects of mold, imbedded dirt, insect of § 993.63 (f).” 4504 PROPOSED RUIE MAKING

6. Amend the provisions of § 993.161 relieving the present congestion on the place of such oral argument will be (a) (4) (ii) to read as follows: “ (ii) i n t e r-ship radiotelephone frequency given. the total net weight of the deliveries, 2738 kc, the public interest requires the In accordance with thè provisions of itemized by crop years of production as earliest possible activation of that fre­ § 1.764 of the Commission’s rules and to salable, surplus standard, and surplus quency, consistent with affording neces­ regulations, an original and 14 copies substandard prunes, the net weight and sary protection to the aeronautical of all statements, briefs or comments tentative sizes of the surplus standard mobile frequency 5656.5 kc. Further in filed shall be furnished the Commission. prunes, and the net weight, by classifi­ accordance with § 8.358 (a) of the Com­ Adopted: July 14, 1954. cations (edible and inedible), of the sur­ mission’s rules the frequency 2738 kc plus substandard prunes, as determined will no longer be available for use, as Released: July 16, 1954. by inspection certificate data developed of January 1, 1955, in areas where 2830 for the administration of the provisions kc is available. F ederal C ommunications of § 993.63 (f).” Co m m issio n , Therefore, the Commission proposes [seal] M ary J ane M orris, 7. Amend the provisions of § 993.161 to amend its rules to make 2830 kc imme­ Secretary. (b) (3), (4), and (5) by changing the diately available for use in the Gulf of title of the person designated for apr Mexico to all ship radiotelephone sta­ 1. Section 8.351 (a) is amended by de­ proval of committee action provided for tions that have been certified as having leting the present footnote 8 and substi­ in each subparagraph to read: “Direc­ sufficient second harmonic attenuation tuting in lieu thereof a new footnote 8 to tor, Fruit and Vegetable Division, Agri­ to meet the requirements set forth read as follows: cultural Marketing Service, United below. 8 By authority contained In an Order States Department of Agriculture.” Inasmuch as such ships are not now adopted (date of finalizing this proposed rule Issued at Washington, D. C., this 16th licensed to operate on 2830 kc, if this amendment) this frequency may be used day of July 1954. rule amendment is finalized as proposed, u n til January 1, 1955, for th e sole purpose a temporary general authorization would of testing and adjusting ship-board trans­ [ seal] S . R . S m it h , then be provided. This general authori­ mitters to meet the certification require­ Director, ments of paragraph (d) (6) of this section, zation would be for the purpose of per­ by all ships desiring to obtain a regular Fruit and Vegetable Division. mitting operation by all ships desiring authorization on 2830 kc. {F. R. Doc. 54-5581: Filed, July 20, 1954; to obtain a regular authorization on 2830 8:51 a. m.] kc, for a period beginning immediately 2. Section 8.351 (d) is amended by upon finalization of this rule amendment adding a new subparagraph (6) to read and ending January 1, 1955, for the sole as follows: FEDERAL COMMUNICATIONS purpose of testing and adjusting ship­ (6) The frequency 2830 kc is assign­ COMMISSION board transmitters to meet the certifica­ able on condition that the applicant tion requirements specified below. If, therefor submits' to the Commission a £ 47 CFR Part 8 1 within that period, the equipment is certification in accordance with the fol­ [Docket No. 11110; FCC 54-879] duly certified, then the frequency 2830 lowing requirements. The certification kc will be available for regular use. shall be that made by the manufacturer S tations o n S hipboabd in th e M a r it im e The Commission now has outstanding of the equipment or shall be signed by a S ervices a proposal, in Docket 10887, dated Janu­ person holding at least a second class ASSIGNABLE FREQUENCIES ary 27, 1954, relative to type acceptance radiotelephone operator license and shall and specific limitations for spurious In the matter of amendment of Part 8 show the number and class of such li­ emissions from ship-board installations. cense. It shall state that by reason of of the Commission’s rules regarding Although the required minimum attenu­ tests or measurements of the trans­ certification of harmonic attenuation ation of harmonic radiation may be mitter therein described and performed capabilities of ship transmitters operat­ changed as a result of Docket No. 10887, ing on 2830 kc.; Docket No. 11110. by the certifier or under his supervision, it is not contemplated that licensees will it has been determined: Notice is hereby given of proposed rule be required again to certify equipment making in the above-entitled matter. (i) That the level of any emission ap­ which has already been certified on the pearing on the second harmonic fre­ On February 10,1954, the Commission frequency 2830 kc in these proceedings. adopted a report and order in Docket quency of the carrier frequency 2830 kc No. 10444, which among other things, Authority for these amendments is is attenuated below the level of the contained in the provisions of section unmodulated carrier on the frequency made the frequency 2830 kc available for 303 (e), (f). and (r) of the Communica­ inter-ship radiotelephony in the Gulf of 2830 kc by not less than the amount tions Act of 1934, as amended. shown in the following table: Mexico, as of March 15, 1954. Any interested person who is of the On February 18, 1954, a petition was Maximum authorized trans­ filed with the Commission by Aeronauti­ opinion that the proposed amendment mitter power as specifi- Attenuation cal Radio, Inc. (ARINC), requesting should not be adopted, or should not be ~Cally defined in § 8.7 (ii) ! (decibels) 1 adopted in the form set forth herein, Up to and including 150 w atts____ 40 that the Commission postpone the may file with the Commission on or Over 150 watts up to and including availability of 2830 kc in the maritime before August 17, 1954, written data, 600 w atts______50 mobile service because of the possibility, Over 600 watts______— 60 based upon the experience of ARINC views or arguments setting forth his with the use of 2738 kc by ship radio­ comments. Comments in support of the 1 This provision is promulgated as an emer­ proposed amendment may also be filed gency measure to reduce interference with telephone stations, that second harmonic outstanding equipment. Attention is in­ radiations from ship transmitters oper­ on or before the same date. Comments vited to the more stringent requirements ating on 2830 kc would result in inter­ in reply to the original comments may proposed in Docket 10887. ference to operations on the aeronautical be filed within ten days from the last mobile frequency 5656.5 kc. day for filing said original data, views and (ii) That the transmitter meets the On March 4, 1954, in response to or arguments. No additional comments foregoing requirements without mod­ the ARINC petition, the Commission may be filed unless (1) specifically re­ ification or in the event that modifica­ amended the action taken in its report quested by the Commission or (2) good tion of the transmitter was found to be and order in Docket No. 10444 by post­ cause for the filing of such additional necessary, a specific description of such poning the availability of 2830 kc until a comments is established. The Commis­ modification, including a description of date to be later determined. sion will consider all such comments any wave trap or device which was Inasmuch as the availability of 2830 prior to taking final action in this matter, utilized. kc for inter-ship radiotelephony in the and if comments are submitted warrant­ [F. R. Doc. 54-5578; Filed, July 20, 1954; Gulf of Mexico would aid materially in ing oral argument, notice of the time and 8:51 a. m.] Wednesday, July 21, 1954 FEDERAL REGISTER 4505

NOTICES

DEPARTMENT OF THE TREASURY quate provision for taxes and conserva­ on July 22, 1954 at 9:30 a. m., e. d. s. t„ tory expenses: in Room E-2I0, Temporary Building No. Fiscal Service, Bureau of Accounts 5, Sixteenth Street and Constitution Claimant, Claim No., Property, and Location Avenue NW., Washington, D. C., before [Dept. Circ. 570, Rev. Apr. 20,1943, 1954 101st Harry Sawady, Tel-Aviv, Israel, Claim No. Examiner Joseph L. Fitzmaurice. S u p p l 44690; Hilde Israelsky, New York, New York, Alliance Assurance C o. L td. Claim No. 44689; Rosa Osman, New York, Dated at Washington, D. C., July 16, New York, Claim No. 44688; Vesting Order 1954. , ACCEPTABLE REINSURING COMPANIES ON No. 1958; $4,146.19 in th e Treasury of th e F ederal Bonds United States, one-third thereof to each [ seal] F rancis W . B r o w n , claim ant. Chief Examiner. July 15, 1954. A Certificate of Authority has been Executed at Washington, D. C., on [F. R. Doc. 54-5580; Filed, July 20, 1954; issued by the Secretary of the Treasury July 14, 1954. 8:51 a. m.] to the f ollowing company as a reinsuring For the Attorney General. company only on Federal bonds under [seal] D allas S. T o w n se n d , FEDERAL POWER COMMISSION Treasury Department Circular No. 297, Assistant Attorney General, July 15, 1922, as amended, 31 CFR 223. [Docket No. G-2473] An underwriting limitation of $382,000.09 Director, Office of Alien Property. has been established for the company. [F .'R . Doc. 54-5535; Filed July 19, 1954; T exas E astern T ransmission C o rf, and 8:51 a. m.[ T ranscontinental G as P ip e Lin e C orp. Alliance Assurance Company Limited, Lon­ don, England (U. S. Office, New York, New NOTICE OF APPLICATION AND ORDER FIXING York) DEPARTMENT OF THE INTERIOR DATE OF HEARING [seal] A. N. O verby, Texas Eastern Transmission Corpora­ Acting Secretary of the Treasury. Bureau of Land Management tion (Texas Eastern) a Delaware cor­ [F. R. Doc. 54-5570; Filed, Ju ly 20, 1954; [Order No. 541, Arndt. 4] poration with its principal place of busi­ 8:49 a. m.] ness in Shreveport, Louisiana, and D istr ic t F oresters Transcontinental Gas Pipe Line Corpora­ redelegations o f authorities concerned tion (Transcontinental) a Delaware cor­ DEPARTMENT OF JUSTICE poration with its principal place of busi­ WITH LANDS AND RESOURCES ness in Houston, Texas, filed, on July 2, Office of Alien Property J u ly 15, 1954. 1954, a joint application pursuant to R uza F erber Section 3.7 is amended to read as fol­ section 7 (c) of the Natural Gas Act for lows: a certificate of public convenience and NOTICE OP INTENTION TO RETURN VESTED necessity authorizing Texas Eastern to PROPERTY S ec. 3.7 Range management, (a) The sell natural gas to South Jersey Natural Pursuant to section 32 (f) of the District Forester may take all the listed Gas Company (South Jersey) and au­ Trading With the Enemy Act, as actions on: * * * thorizing Transcontinental to receive amended, notice is hereby given of in­ (3) Permits or cooperative agreements delivery of such gas from Texas Eastern tention to return, on or after 30 days to construct and maintain range im­ and redeliver it to South Jersey. from the date of publication hereof, provements and determine the value of The joint applicants propose that the following property, subject to any such improvements. Texas Eastern sell natural gas to South increase of decrease resulting from the (4) The expenditure of funds appro­ Jersey for the period July 1,1954 through administration thereof prior to return, priated by Congress or contributed by October 31, 1954, in daily quantities of and after adequate provision for taxes individuals, associations, advisory boards not more than 3,060 Mcf at 14.73 psia and conservatory expenses: or others for the construction, purchase (3,000 Mcf at 15.025 psia). The sales or maintenance of range improvements. would be made pursuant to Texas East­ Claimant, Claim No., Property, and Location (b) Grazing leases. ern’s Rate Schedule I—Interruptible Ruza (also known as Rossi) Ferber, nee (c) Appropriation of water. Service and would be effectuated through Fried, Zagreb, Yugoslavia, Vesting Order No. (d) Soil and moisture conservation; delivery of the gas to Transcontinental 5166, Claim No. 59451; $960.00 in th e Treas­ control of halogeton glomeratus. ury of the United States. * for redelivery to South Jersey for the (e) Controlled brush burning. account of Tèxas Eastern. Executed at Washington, D. C., on July W . G . G u er n sey , Texas Eastern and Transcontinental 14,1954. Acting Director. requested that they be granted tempo­ For the Attorney General. rary authorization for the proposed sale [F. R. Doc. 54-5551; Filed, Ju ly 20, 1954; and delivery to cover the period prior to [seal] D allas S. T o w n send , 8:45 a. m.] determination upon the application for Assistant Attorney General, the certificate. The joint applicants also Director, Office of Alien Property. asked that the application be heard un­ CIVIL AERONAUTICS BOARD [F. R. Doc. 54-5534; Filed, July 19, 1954; der the shortened procedure provided 8:51 a. m.J [Docket No. 6757] by § 1.32 (b) (18 CFR 1.32 (b>> of the Commission’s rules of practice and pro­ Callison’s F ly in g S erv ice; C anadian - cedure. The application is on file with A laskan I rregular S ervice the Commission for public inspection. H arry S a wady et al. The Commission finds: NOTICE OP HEARING (1) It is appropriate in the public in­ NOTICE OF INTENTION TO RETURN VESTED In the matter of the application of terest in carrying out the provisions of PROPERTY Callison’s Flying Service for authoriza­ the Natural Gas Act, and good cause . Pursuant to section 32 (f ) of the Trad- tion under section 402 of the Civil Aero­ exists, that due notice of the application mg With the Enemy Act, as amended, nautics Act to operate casual, occasional, including publication in the F ederal notice is hereby given of intention to or infrequent flights into the United R egister, be given as hereinafter ordered. return, on or after 30 days from the date States. (2) It is appropriate in the public in­ °r publication hereof, the following Notice is hereby given pursuant to the terest in carrying out the provisions of property, subject to any increase or de­ Civil Aeronautics Act of 1938, as the Natural Gas Act, and good cause crease resulting from the administration amended, that a hearing in the above- exists, that the application filed herein thereof prior to return, and after ade­ entitled proceeding is assigned to be held on July 2, 1954, should be set down for 4506 NOTICES

public hearing as hereinafter provided tice and procedure (18 CFR 1.8 and Commodify Stabilization Service and ordered. 1.37 (f). P eanuts The Commission orders: Adopted: July 14, 1954. (A) Due notice of this application be n o t ic e o f redelegation o f fin a l author­ given, including publication in the F ed­ Issued: July 15, 1954. it y BY THE OKLAHOMA STATE AGRICUL­ eral R egister, of this notice of applica­ By the Commission. TURAL STABILIZATION AND CONSERVATION tion and order. COMMITTEE WITH RESPECT TO MARKETING (B) Pursuant to the authority con­ [ seal] L eon M. F uquay, QUOTA REGULATIONS FOR 1954 CROP tained in and subject to the jurisdiction Secretary. conferred upon the Federal Power Com­ [F. R. Doc. 54-5569; Filed, July 20, 1954; The Marketing Quota Regulations for mission by sections 7 and 15 of the 8:49 a. m.J the 1954 Crop of Peanuts (19 F. R. 2505), Natural Gas Act, and the Commission’s issued pursuant to the marketing quota rules of practice and procedure, a hear­ provisions of the Agricultural Adjust­ ing be held on August 3,1954 at 9:30 a. m. DEPARTMENT OF AGRICULTURE ment Act of 1938, as amended (7 U. S. C. e. d. s. t., in a hearing room of the Fed­ 1301-1393), provides that any authority eral Power Commission, 441 G Street Commodity Credit Corporation delegated to the State Agricultural Sta­ NW., Washington, D. C., concerning the bilization and Conservation Committee S ales of C ertain C o m m odities at F ix ed by the regulations may be redelegated by matters involved in and the issues pre­ P rices sented by the application: Provided, the State committee. In,accordance with however, That the Commission may, su ppl e m e n t to ex port pr ic e l is t and section 3 (a) (1) of the Administrative after a noncontested hearing, forthwith rev ision o f dom estic pr ic e l is t for Procedure Act (5 U. S. C. 1002 (a)), JULY 1954 which requires delegations of final au­ dispose of the proceedings pursuant to Pursuant to the Pricing Policy of Com­ thority to be published in the F ederal the provisions of § 1.32 (b) of the Com­ R egister, there are set out herein the mission’s rules of practice and procedure. modity Credit Corporation issued March redelegations of final authority which (C) Protests or petitions to intervene 22, 1950, as amended January 9, 1953 have been made by the Oklahoma State may be filed with the Commission in ac­ (15 F. R. 1593, 18 F. R. 176) and subject to the conditions stated therein, effective Agricultural Stabilization and Conserva­ cordance with its rules of practice and July 6, 1954, the export list for July 1954 tion Committee of authority vested in procedure §§ 1.8 and 1.10 (18 CFR 1.8 and is hereby supplemented by the addition such committee by the Secretary of Ag­ 1.10) on or before July 30, 1954. of flaxseed at $2.27 per bushel basis riculture in the regulations referred to (D) Interested State commissions may U. S. No. 1 Grade, f. o. b. ship at Duluth, above. There are set out below the sec­ participate as provided by §§ 1.8 and 1.37 tions of the regulations in which such Minnesota, or f. o. b. track at Minne­ authority appears and the person of the

Nonfat dry milk solids9 (in car­ load lots only), 230,000,000 p o u n d s , spray; 60,000,000 pounds, roller. Forest Service Spray process, U. S. ExtrarGrade—17 cents per pound. Roller process, U. S. Extra Grade—15.25 cents per pound. Prices apply “in store” at location of R egional F orester, E astern R egion et al. stocks.* Sales to be made under Announcement LD-6. Available through Cincinnati, DELEGATION OF AUTHORITY WITH RESPECT Kansas City, Minneapolis, and Portland CSS Commodity offices. Cheddar cheese9 Cheddars, flats, U. S. Grade A and higher: All States except those listed below 35J4 cents per TO DETERMINING AND ADVISING THE DIREC­ twins and rindless blocks (stan- pound, New York, New Jersey, Pennsylvania, New England, and other TOR, BUREAU OF LAND MANAGEMENT, ard moisture basis, in carload States bordering the Atlantic and Pacific Oceans and Gulf of Mexico, 36J4 CONCERNING DEVELOPMENT OF MINERALS lots only), 410,000,000 pounds. cents per pound. U. S. Grade B: 1 cent per pound, less than Grade A prices. Available Cincinnati, Minneapolis, and Portland OSS Commodity offices. All prices are subject to usual adjustment for moisture content. Prices apply By virtue of the authority vested in the “in store” at location of stocks.9 Chief of the Forest Service by the dele­ gation and assignment of functions of i "In store” means at the processor’s plant or warehouse but with’ any prepaid storage and outhandling charges December 24, 1953 (19 F. R. H), I, for the benefit of the buyer. . Richard E. McArdle, Chief of the Forest 9 These same lots also are available at export sales prices announced July 1,1954. Service, do hereby delegate to the Re­ Issued; July 15, 1954. gional Forester, Eastern Region, Upper Darby, Pennsylvania; the Regional For­ [SEAL] J. A. M cC o n n el l, ester, Southern Region, Atlanta, Georgia; Executive Vice President, and the Regional Forester, North Central Commodity Credit Corporation. , Region, Milwaukee, Wisconsin; the au­ [F. R. Doc. 54-5583; Filed, July 20, 1954; 8:52 a. Da.] thority to determine and advise the Di- Wednesday, July 21, 1954 FEDERAL REGISTER 4507 rector, Bureau of Land Management, any one time, from time to time, prior [File No. 70-3275] whether exploration, development, and to December 31, 1955, from such bank­ utilization of mineral deposits, including ing institutions and the issuance and N e w J ersey P ow er & L ig h t C o. oil and gas, under authority of the Secre­ delivery of Notes evidencing such bor­ NOTICE OF FILING REGARDING ISSUE AND tary of the Interior pursuant to the Min­ rowings by Wheeling. SALE OF FIRST MORTGAGE BONDS AT COM­ eral Leasing Act for Acquired Lands (61 The proposed borrowings are to be PETITIVE BIDDING Stat. 913 ; 36 U. S. C. 351-359) ; the act made in equal amounts from the four July 15,1954. of June 30, 1950 (64 Stat. 311; 16 U. S. C. following banks: Guaranty Trust Com­ Notice is hereby given that New Jersey 508h) ; and to the provisions of section pany of New York, Irving Trust Com­ Power & Light Company (“NJP&L”) , a "402, Reorganization Plan No. 3 of 1946 pany, Bankers Trust Company, and Mel­ public-utility subsidiary of General Pub­ (60 Stat. 1099, 5 U. S. C. 133 y-16 Note), lon National Bank and Trust Company. lic Utilities Corporation (“GPU”) , a on lands under the jurisdiction of the The notes to be issued by Wheeling in registered holding company, has filed an Forest Service and under their respective evidence of such borrowings will be dated as of the date of such borrowings, application with this Commission re­ administrative supervision will interfere garding its proposal to issue and sell with the primary purposes for which the in each case will be due no more than $8,700,000 principal amount of additional lands have been acquired or are being 270 days after the date of issuance and will bear interest at the prime credit rate first mortgage bonds at competitive bid­ administered, and to consent to such ex­ ding and to use the proceeds to retire ploration, development, and utilization in effect at the respective dates of issuance. certain of the company’s outstanding in­ subject to such conditions as the Re­ debtedness and to finance, in part, its gional Forester of the Forest Service may It is expected that the initial borrow­ ing, in the amount of $100,000, will be 1954 construction program. Applicant prescribe to insure the adequate utiliza­ has designated section 6 (b) of the Public tion of the lands for such purposes: Pro­ made on or about August 1, 1954. The note evidencing such borrowing will bear Utility Holding Company Act of 1935 vided, That there is excepted from the (“act”) and Rules U-42 (b) (2) and U- authority hereby delegated the authority interest from the date thereof at the then current prime credit rate which is 50 promulgated thereunder as applicable to consent to such exploration, develop­ to the proposed transactions. ment, and utilization of lands set aside currently 3 percent. Wheeling may prepay the notes from All interested persons are referred to under the provisions of Title 36, Code said application which is on file in the of Federal Regulations, § 251.9 for the time to time, in whole or in part, with­ out premium. offices of the Commission for a statement protection of water supplies of towns, of the transactions proposed therein, cities, or irrigation districts; §§ 251.20 No finders’ fees or commissions are to and 251.21 for management as wilder­ be paid by Wheeling in connection with which are summarized as follows: the proposed transactions, and it is esti­ NJP&L proposes to issue and sell, pur­ ness and wild areas; § 251.22 (a> and suant to the competitive bidding require­ (b) by the Secretary of Agriculture or mated that miscellaneous expenses to be incurred by Wheeling will not exceed ments of Rule U-50, $8,700,000 principal the Chief of the Forest Service for man­ amount of additional First Mortgage agement as recreation areas; and § 251.23 the nominal amount of $250.00. Wheeling has a construction program B onds,_percent, maturing August 1, for management as experimental forests 1984. Such bonds will be issued under a and ranges cm* for other purposes as speci­ which involves estimated expenditures fied therein: And, provided further, That totaling approximately $1,300,000 and Mortgage and Deed of Trust, dated as of there is also excepted from the authority $890,000 for the years 1954 and 1955 re­ March 1 ,1944, between the company and hereby delegated the authority to con­ spectively. Pending a plan for financ­ Guaranty Trust Company of New York, sent to the prospecting for or removal ing of a more permanent nature, the as heretofore supplemented and of any mineral deposits by stripping, rim line of credit and, to the extent that amended, and as to be further supple­ cutting, contour, open pit, or any other borrowings vare actually made, the cash mented and amended by a Fourth Sup­ methods involving destruction of the provided by the proposed transactions, plemental Indenture to be dated as of surface. will be used to enable Wheeling to pro­ August 1, 1954. The interest rate, price The authority hereby delegated may ceed with such construction program to the company, and public offering price not be redelegated. and to meet its obligations thereunder. of the bonds will be determined by com­ Any plan for financing of a permanent petitive bidding. Done at Washington, D. C., this 9th nature will provide for thè prepayment NJP&L proposes that from the pro­ day of July 1954. of the then outstanding notes and ceeds of the sale of the additional bonds, Wheeling agrees that upon completion $1,585,000 will be applied to the repay­ [seal! R ichard E. M cArdle, ment of outstanding short-term bank Chief, Forest Service. of such financing, the authorization re­ quested herein shall terminate. loans; $5,500,000 will be applied to the {F. R. Doc. 54-5585; Filed, July 20, 1954; It is represented that no State com­ payment of the principal amount of the 8:52 a. m.J mission or Federal commission, other company’s outstanding First Mortgage than this Commission, has jurisdiction Bonds, 4Yt percent Series due 1983 upon over the proposed transactions. the redemption of such bonds, and the SECURITIES AND EXCHANGE balance of not less than $1,615,000 will Notice regarding said filing having be applied to the company’s 1954 con­ COMMISSION been duly given pursuant to the require­ ments of Rule U-23 and no hearing hav­ struction program or to reimburse the [File No. 70-32681 company’s treasury for expenditures ing been requested or ordered by the therefrom during 1954 for construction W h eeling E lectric C o . Commission; and the Commission find­ ing that the applicable provisions of the purposes. The call premium of $249,700 order regarding ISSUE Aim SALE OF PRIN­ act and rules promulgated thereunder to be paid upon the redemption of the CIPAL AMOUNT OF SHORT-TERM NOTES TO are satisfied, that the expenses, if they 4i4 percent bonds due 1983 as well as BANKS do not exceed the estimate, are not un­ the fees and expenses in connection with J u ly 15,1954. reasonable, and that the declaration, as the sale of the new bonds will be paid Wheeling Electric Company (“Wheel­ from treasury funds. amended, should be permitted to become NJF&L states that the issuance and ing”), a public-utility subsidiary of effective forthwith: American Gas and Electric Company, a It is ordered, That said declaration, as sale of its additional bonds will be ex­ registered holding company, having filed amended, be, and the same hereby is, pressly authorized by the Board of Public a declaration pursuant to" section 7 of permitted to become effective forthwith, Utility Commissioners of the State of the Public Utility Holding Company Act New Jersey and that no other State com­ subject to the terms and conditions mission and no Federal regulatory of 1935 (“act”), with respect to pro­ prescribed in Rule U-24. posed transactions which are summa­ agency, other than this Commission, rized as follows: By the Commission. have jurisdiction over the proposed issu­ Wheeling proposes the establishment ance and sale of the additional bonds. a iine of credit with four banking in­ [ seal] ORval L. D uB o is , NJP&L estimates that the fees and ex­ stitutions and the proposed borrowing Secretary. penses incurred and to be incurred in under such line of credit of an amount [F. R.-DOC. 54-5557; Filed, Ju ly 20, 1954; connection with the issuance and sale of not to exceed $1,000,000 outstanding at 8:46 a. m.J its additional bonds will be as follows: No. 140----- 3 4508 NOTICES

Piling fee—Board of public Utility A m ount o f interest and the issues of fact or law Commissioners of New Jersey___ _ $500 Name of bank commitment raised by said filing which he desires to Piling Fee—S. E. C______896 Mellon National Bank & Trust Federal issue tax ______9, 570 Co. (Pittsburgh, Pa.)______$5,000,000 controvert, or may request that he be Printing and engraving______25, 000 N ational Bank of D etroit______5, 000,000 notified if the Commission should order Legal fees______;______8, 000 The Detroit Bank______1,500,000 a hearing thereon. Any such request Accounting services__ i______3, 500 The Manufacturers National should be addressed: Secretary, Securi­ Indenture trustee fees and expenses- 9, 000 Bank of Detroit____ I______1,200, 000 ties and Exchange Commission, Wash­ Recording fee______.__ _ 500 Old Kent Bank (Grand Rapids, ington 25, D. C. At any time after said M iscellaneous______' ______3,034 M ic h .)______300,000 date, said declaration, as filed or as amended, may be permitted to become T o tal______60,000 T otal______- ______23,000,000 effective, as provided in Rule U-23 of Notice is further given that any in­ The Credit Agreement will commit the the rules and regulations promulgated terested person may, on or before.August Banks to advance to Michigan Consoli­ under the act or the Commission may 6, 1954, at 5:30 p. m., e. d. s. t., request dated from time to time, upon its de­ exempt such transactions as provided in the Commission in writing that a hear­ mand subsequent to August 15, 1954, Rules U-20 .(a) and U-100 thereof. ing be held on such matter, stating the sums aggregating a maximum of $23,- By the Commissióni nature of his interest, the reason or rea­ 000,000. The Credit Agreement will sons for such request, and the issues of provide that Michigan Consolidated [ seal] O rval L. D u B o is, fact or law, if any, raised by such appli­ shall pay a commitment fee at the rate Secretary. cation which he proposes to controvert; of one-half of one percent (% of 1 per­ [F. R. Doc. 54-5559; Filed, July 20, 1954; or he may request that he be notified if cent) per annum on the average daily 8:47 a.m .] the Commission should order a hearing unused balance of the commitment, from thereon. Any such request shall bear the date of the Credit Agreement to the caption of this Notice and shall be August 15, 1955, or until the entire $23,- addressed: Secretary, Securities and 000,000 shall have been taken down, E q u it y C orp. et al. Exchange Commission, Washington 25, whichever is earlier. Michigan Consoli­ D. C. At any time after said date, such dated may reduce the amount of the NOTICE OF FILING OF APPLICATION REQUEST­ application, as filed or as hereafter commitment at any time without pen­ ING ORDER PERMITTING AFFILIATE TO amended, may be granted as provided by alty.- The Credit Agreement will be ex­ REDEEM ITS CLASS A STOCK Rule U-23 of the rule's and regulations ecuted as soon as practicable following July 15, 1954. promulgated under the act, or the Com­ entry of an appropriate order by the mission may exempt such transactions Commission. In the matter of The Equity Corpora­ as provided in Rules U-20 (a) and U-100 tion, Real Estate Equities, Inc., Indus­ The notes representing >each advance trial Insurance Company; File No. 812- thereof. by each Bank pursuant to the provisions 871. By the Commission. of the Credit Agreement will mature August 15, 1955, and will bear interest Notice is hereby given that The Equity [SEAL] ORVAL L. DUBOIS, at the prime rate prevailing at The Corporation (“Equity”), a registered Secretary. closed-end, non-diversified management National City Bank of New York for company. Real Estate Equities, Inc. [F. R. Doc. 54-5558; Filed, July 20, 1954; commercial loans on the date of each (“Real Estate”) , and Industrial Insur­ 8:46 a. m.] borrowing. ance Company (“Industrial”), affiliates It is contemplated that the initial bor­ of Equity, have filed an application pur­ rowing in the amount of;$12,500,000 will suant to section 17 (b) of the Invest­ be made promptly upon the execution ment Company Act of 1940 (“act”) for [File No. 70-3276] of the Credit Agreement and that fur­ ther advances in'amounts of at least an order exempting from the provisions M ichigan C onsolidated G as Co . of section 17 (a) of the act the proposed $2,500,000 will be made from time to redemption and retirement by Real Es­ NOTICE OF FILING REGARDING ISSUE AND SALE time as additional funds are needed. tate of all (15,372 shares) of its out­ OF PRINCIPAL AMOUNT OF SHORT-TERM Michigan Consolidated will have the right to prepay, without penalty, as a standing Class A Stock, $1 par value. NOTES TO BANKS Real Estate has outstanding 15,372 J u ly 15, 1954. whole at any time, or in part from time to time, in amounts of $2,500,000 or shares of Class A Stock, $1 par value, Notice is hereby given that Michigan multiples thereof, notes issued pursuant and 656,449.93 shares of common stock, Consolidated Gas Company (“Michigan to the Credit Agreement, except that a 100 par value. The Class A and common Consolidated”), a public-utility subsidi­ prepayment penalty of one-quarter of stocks have one vote per share. All of ary of American Natural Gas Company, one percent (i4 of 1 percent) per the common stock of Real Estate is a registered holding company, has filed annum for the unexpired term will apply owned by Equity. Of the outstanding a declaration pursuant to the Public in case of prepayment from the proceeds shares of Class A Stock of Real Estate, Utility Holding Company Act of 1935 of borrowings from banks other than 15,231 shares are owned by Industrial, (“act”), designating section 7 of the act those participating in the Credit Agree­ 127 shares are owned by Equity and the and Rule U-50 (a) (2) promulgated ment. remaining 14 shares are owned by 8 un­ thereunder as applicable to the proposed The fees, commissions and other re­ affiliated stockholders. transactions which are summarized as muneration to be paid by Michigan Industrial has outstanding 4,000 shares follows: Consolidated in connection with the pro­ of common stock, of which National In­ For the purpose of providing tempo­ posed transaction (other than commit­ dustrial Credit Corporation (“National”) rary financing of its construction pro­ ment fees payable to the Banks pursuant owns 3,992 shares, the remaining 8 gram during the current year and the to the provisions of the Credit Agree­ shares being qualifying shares held by early part of 1955, and also to provide ment) are estimated as follows: directors. National is a 100 percent funds for the payment of existing bank owned subsidiary of The Morris Plan loans, Michigan Consolidated proposes Sidley, Austin, Burgess & Smith, legal Corporation (“Morris Plan”). Equity f e e ------$1, 000 owns 68.12 percent of the voting stock of to enter into a Credit Agreement with Miscellaneous telephone, telegraph, the following banks (hereinafter col­ duplicating,; traveling, and other Morris Plan. lectively referred to as the “Banks”), expenses and contingency fu n d ___ 1, 000 Since Real Estate and Industrial are providing for a commitment by each affiliated persons of Equity, as defined T otal______2, 000 in section 2 (a) (13) of the act, the p ro ­ bank in the amount set forth opposite posed purchase by Real Estate of its its name: Notice is further given that any inter­ Class A Stock from Equity and Industrial A m o u n t o f ested person may, not later than August Name of bank commitment is proscribed by section 17 (a) (2) of The National City Bank of New 9, 1954, at 5:30 p. m., e. d. s. t., request the act unless the Commission grants an Y o rk ------v_.------$5, 000, 000 the Commission in writini that a hearing exemption pursuant to section 17 (b) The Hanover Bank (New York be held on such matter, stating the rea­ of the act, finding that the terms of the C i t y ) ------i------5, 000, 000 sons for such request, the nature of his proposed transaction, including the con- Wednesday, July 21, 1954 FEDERAL REGISTER 4509 sidération to be paid or received, are ant to an agreement whereby the com­ issues or allegations phrased generally. reasonable and fair and do not involve pany borrowed additional money under Protests containing general allegations overreaching on the part of any person the existing mortgage which the bank may be rejected. Requests for an oral concerned, and that the proposed trans­ holds encumbering the property at 103 hearing must be supported by an expla­ action is consistent with the policy of Park Avenue, New York, N. Y. The nation as to why the evidence cannot be each registered investment company foregoing funds are sufficient to effect submitted in the form of affidavits. Any concerned, as recited in its registration the proposed transaction. interested person, not a protestant, de­ statement and reports filed under the Applicants state that the dividends siring to receive notice of the time and act, and with the general purposes of paid by Real Estate heretofore to its place of any hearing, prehearing con­ the act. Class A stockholders is equal to 5 per­ ference, taking of depositions, or other Real Estate is a real estate company cent of the fixed redemption price of proceedings shall notify the Commission and its investments consist of two office their stock. The applicants maintain by letter or telegram within 30 days from buildings, an industrial plant and an in­ that its mortgage refinancing of 103 thé date of publication of this notice in dustrial tract. It owns a 12-story office Park Avenue is on a 4 percent basis so the F ederal R egister. building located at 103 Park Avenue, that any funds derived from mortgages Except when circumstances require New York, N. Y., and a 4-story office and used for the retirement of the Class immediate action, an application for ap­ building known as the Plymouth Build­ A Stock represents a 1 percent annual proval, under section 210a (b) of the act, ing, located in Des Moines, Iowa. The saving. of the temporary operation of motor industrial plant it owns is located in In addition to the foregoing, the appli­ carrier properties sought to be acquired Mishawaka, Indiana, and is under lease cation states that Equity in recent years in an application under section 5 (2) to American Wheelabrator & Equipment has followed the policy of eliminating will not be disposed of sooner than 10 Corporation, an affiliated company. The special stocks and simplifying capital days from the date of publication of this industrial acreage owned amounts to structures not only of Equity but of its notice in the F ederal R eg ister. If a 1,230,000 square feet in Kansas City, affiliates as well. protest is received prior to action being Kansas and 20,000 square feet in Kansas For a more detailed statement of the taken, it will be considered. City, Missouri. The latter acreage is the matters of fact and law asserted, all remaining portion of a substantial block interested persons are referred to said APPLICATIONS OP MOTOR CARRIERS OF of acreage, the greater part of which has application which is on file in the office PROPERTY been sold over the past several years. of the Commission in Washington, D. C. No. MC 2135 Sub 8 (Reopened—Fur­ The application states that on March Notice is further given that any inter­ ther hearing), DENNIS J. McNICHOL, 3, 1954, the Board of Directors of Real ested person, may, not later than July 29, 1251 South 28th Street, Philadelphia, Pa. Estate determined to redeem and elimi­ 1954, at 5:30 p. m., submit to the Com­ Applicant’s representative: G. H. Dilla, nate its oustanding Class A Stock. The mission in writing any facts bearing 3350 Superior .Avenue, Cleveland 14, Class A Stock is subject to redemption upon the desirability of a hearing on the Ohio. For authority to operate as a at the redemption price of $50 per share matter and may request that a hearing contract carrier, over irregular routes, plus an amount equal to $2.50 per share be held, such request stating the nature transporting: Frozen fruits and frozen per annum prorated for the portion of of his interest, the reasons for such re­ vegetables, in refrigerated vehicles, from the then current fiscal year prior to the quest and the issues, if any, of fact or Nashville, Tenn., to Philadelphia, Pa., date fixed for redemption, and plus an law proposed to be contraverted, or he and empty containers or other such in­ additional $2.50 per share per annum may request that he be notified if the cidental facilities (not specified) used in from date of issue to the close of the Commission should order a hearing transporting the ¡commodities, on return fiscal year immediately preceding the thereon. Any such communication or movement. Applicant is authorized to date of redemption, less any dividends request should be addressed: Secretary, conduct operations in Connecticut, Dela­ which may have been paid on such stock Securities and Exchange Commission, ware, Maryland, Massachusetts, New prior to notice of redemption, such addi­ Washington 25, D. C. At any time after Jersey, New York, Ohio, Pennsylvania, tional amount to be payable to the ex­ said date, the application may be granted Virginia, and the District of Columbia. tent it has been earned. The amount as provided in Rule N-5 of the rules and No. MC 4991 Sub 7, MISSOURI- to be paid in liquidation is the same as regulations promulgated under the act. OKLAHOMA EXPRESS, INC., 1513 Blair upon redemption. By the Commission: Street, St. Louis, Mo. Applicant’s at­ The Class A Stock is entitled to receive torney: Carll V. Kretsinger, Suite 1210 dividends per share equal to 14.2 times Eseal] O rval L. D ttB o is , Waltower Bldg., Kansas City, Mo. For the amount of dividends per share of Secretary. authority to operate as a common car­ common stock. Dividends must be paid rier, over regular routes, transporting: simultaneously to the Class A and com­ [F. R. Doc. 54-5556; Filed, July 20, 1954; General commodities, except those of mon stocks. 8:46 a. m.] unusual value, Class A and B explosives, Dividends on the Class A Stock equal household goods as defined by the Com­ to $2.50 per share per annum have been mission, commodities in bulk, and com­ paid quarterly since its issue. The re­ INTERSTATE COMMERCE modities requiring special equipment, demption price per share will therefore COMMISSION Between Joplin, Mo., and Tulsa, Qkla., be $50 plus the prorated portion of $2,50 from Joplin, Mo., over Missouri Highway per annum for the current fiscal year. [Notice No. 17] 43 to junction U. S. Highway 60, thence As previously stated there are outstand­ M otor Carrier A pplications over U. S. Highway 60 to junction U. S. ing 15,372 shares of Class A Stock. The Highway 66, thence over U. S. Highway aggregate funds necessary for redemp­ July 16, 1954. 66 to Tulsa, Okla., and return over the tion on the basis of $50 per share will be Protests, consisting of an original and same route, serving no intermediate $768,600 plus an amount equal to $3,202.- two copies, to the granting of an appli­ points, as an alternate route in connec­ 50 per month for the portion of the cation must be filed with the Commis­ tion with applicant’s regular-route op­ current fiscal year with respect to which sion within 30 days from the date of erations (1) between Tulsa, Okla., and dividends are unpaid. publication of this notice in the F ederal Oklahoma City, Okla., (2) Ottawa, Real Estate has generated a substan­ R egister (49 CFR 1.240 and 1.241). Kans., and Tulsa, Okla., and (3) between tial amount of cash which it believes Failure to seasonably file a protest will Independence, Kans., and St. Louis, Mo. could be utilized most advantageously in be construed as a waiver of opposition Applicant is authorized to conduct op­ the redemption and retirement of its and participation in the proceeding un­ erations in Oklahoma, Kansas, and outstanding Class A Stock. As at De­ less an oral hearing is held. In Addi­ Missouri. cember 31, 1953, the balance sheet of tion to other requirements of Rule 40 of No. MC 9895 Sub 80 (Amended), R. B. r f 3“ Estate shows cash and United the general rules of practice of the Com­ “DICK” WILSON, INC., P. O. Box 838, states Government Bonds aggregating mission (49 CFR 1.40), protests shall East 59th Avenue and Highway 6, Denver, approximately $680,000. The applica­ include a request for a public hearing, if Colo. Applicant’s attorney: Marion F. tion states that on June 3, 1954, Real one is desired, and shall specify with Jones, Suite 526 Denham Building, Estate received a net amount of $122,000 particularity the facts, matters, and Denver 2, Colo. For authority to oper­ from the Bowery Savings Bank pursu­ things relied upon, but shall not include ate as a common carrier, over irregular 4510 NOTICES routes, transporting: Petroleum and pe­ in or in connection with the construc­ man & Steiner, 39 South La Salle Street, troleum products, in bulk, in tank vehi­ tion, operation, repair, servicing, main­ Chicago 3, 111. For authority to operate cles, from Boise, Idaho, to Nyssa, Oreg., tenance and dismantling of pipe lines, as a common carrier, over irregular and between points in Idaho. Applicant including the stringing and picking up routes, transporting: Petroleum and is authorized to conduct operations in thereof, except the stringing and picking petroleum products, in bulk, in tank Colorado, Idaho, Kansas, Nebraska, up of pipe in connection with main or vehicles, ■ from Amboy, 111., and points South Dakota, and Wyoming. trunk lines, (1) between points in Ne­ within 10 miles thereof, to points in Iowa No. MC 13250 Sub 60, J. H. ROSE vada; and (2) between points in Nevada, and Wisconsin, and from Madison, Wis., TRUCK LINE, INC., 3804 Jensen Drive, on the one hand, and, on the other, and points within 15 miles thereof, to Houston, Texas. Applicant’s attorney: points in Idaho, Utah, and New Mexico. points in Illinois on and north of U. S. Truman A. Stockton, Jr., Stockton, Lin- Applicant is authorized to conduct op­ Highway 30. Applicant is authorized to ville and Lewis, The 1650 'Grant Street erations in Colorado, Kansas, New Mex­ conduct operations in Illinois, Indiana, Building, Denver 3, Colo. For authority ico, Wyoming, Montana, Idaho, Utah, Iowa, Kansas, Kentucky, Michigan, to operate as a common carrier, over North Dakota, and Nebraska. Minnesota, Missouri, Nebraska, Ohio, irregular routes, transporting: Machin­ No. MC 30867 Sub 57, CENTRAL and Wisconsin. ery, equipment, materials and supplies FREIGHT LINES, INC., 303 South 12th No. MC 67916 Sub 14, THE NEW used in or in connection with the dis­ Street, Waco, Texas. For authority to YORK CENTRAL RAILROAD COM­ covery, development, production, refin­ operate as a common carrier, over regu­ PANY* A CORPORATION, 466 Lexing­ ing, manufacture, processing, storage, lar routes, transporting: General com­ ton Avenue, New York 17, N. Y. transmission and distribution of natural modities, except those of unusual value, Applicant’s attorney: Kenneth H. Lund- gas and petroleum and their products Class A and B explosives, household mark, Commerce Attorney, 466 Lexing­ and by-products; and machinery, equip­ goods as defined by the Commission, ton Ave., New York 17, N. Y. For ment and supplies used in or in connect commodities in bulk, commodities re­ authority to operate as a common car­ tion with the construction, operation, re­ quiring special equipment, and those in­ rier, over regular routes, transporting: pair, servicing, maintenance and dis­ jurious or contaminating to other lading, General commodities, INCLUDING those mantling of pipe lines, including the between the junction of Texas Highways of unusual value, Class A and B explo­ stringing and picking up thereof, except 174 and 171 and Meridian, Texas, over sives, household goods as defined by the the stringing and picking up of pipe in Texas Highway 174 serving all interme­ Commission, commodities in bulk, com­ connection with main or trunk lines, (1). diate points and the off-route point of modities requiring special equipment, between points in Nevada; and (2) be­ Blum, Texas. Applicant is authorized to and those injurious or contaminating to tween points in Nevada, on the one hand, conduct operations in Texas. other lading, in substituted motor-for- and, on the other, points in Idaho, No. MC 52709 Sub 62, RINGSBY rail service which is auxiliary to or sup­ Wyoming, Utah, Colorado, Arizona, and TRUCK LINES, INC., 3201 Ringsby plemental of applicant’s rail service, New Mexico, restricted against the move­ Court, Denver, Colo. For authority to between points which are stations on the ment of traffic between points in Cali­ operate as a common carrier, over ir­ lines of railroad operated by applicant fornia, on the one hand, and, on the regular routes, transporting: Meat, meat within its so-called “Lines East”, “Boston other, points in Nevada. Applicant is products and meat by-products, dairy and Albany” and “Michigan Central” authorized to conduct operations in Ar­ products as defined by the Commission districts over specified and other high­ kansas, Nebraska, South Dakota, North in Ex Parte 45, and frozen foods, between ways generally paralleling said lines of Dakota, California, Kansas, Louisiana, points in California, Nevada and Utah, railroad within the States of New York, W yom in g, New Mexico, Oklahoma, on the one hand, and, on the other, New Jersey, Pennsylvania, Michigan, IdaJho, Texas, Arizona, Colorado, Utah, points in Iowa, Missouri, Illinois, Minne­ Ohio, Indiana, Illinois and Massachu­ and Montana. sota, Wisconsin, Nebraska, South Dakota setts, (A) SERVICE IS SOUGHi IN No. MC 17057 Sub 1, E. M. GREGG, and Kansas. Applicant is authorized to EITHER DIRECTION TO AND FROM doing business as E. M. GREGG TRUCK conduct operations in California, Colo­ ALL INTERMEDIATE AND OFF- SERVICE, P. O. Box 706, Hugoton, Kans. rado, Idaho, Illinois, Iowa, Nebraska, ROUTE POINTS OVER HIGHWAYS Applicant’s attorney: James F. Miller, New Mexico, Utah and Wyoming. SPECIFIED IN THE APPLICATION 500 Board of Trade, 10th and Wyan­ No. MC 59680 Sub 117, STRICKLAND (copies of which are on file at the In­ dotte, Kansas City 6, Mo. For authority TRANSPORTATION CO., INC., 2917 terstate Commerce Commission, Wash­ to operate as a common carrier, over Gulden Lane, Dallas, Tex. Applicant’s ington, D. C., and the State Boards at irregular routes, transporting: Machin­ attorney: Ewell H. Muse, Jr., Suite 415, Springfield, 111., Indianapolis, Ind., Bos­ ery, equipment, materials and supplies Perry Brooks Building, Austin, Texas. ton, Mass., Lansing, Mich., Trenton, used in, or in connection with, the dis­ For authority to operate as a common N. J., Albany, N. Y., Columbus, Ohio and covery, development, production, refin­ carrier, over regular routes, transport­ Harrisburg, Pa.) AND OTHER HIGH­ ing, manufacture, processing, storage, ing : General commodities including WAYS WHERE NECESSARY, WHICH transmission, and distribution of natural Class A and B explosives, but excluding ARE STATIONS ON THE RAIL LINE gas and petroleum and their products commodities of unusual value, household OF THE NEW YORK CENTRAL SYS­ and by-products, between points in Col­ goods as defined by the Commission, TEM, Route No. 1-B: Between Albany, orado, on the one hand, and, on the commodities in bulk, and those requiring N. Y., and Springfield, Mass., (as noted other, points in Kansas and .Oklahoma. special equipment, between Houston, in (A) above) serving the intermediate Applicant is authorized to conduct op­ Tex., and New Orleans, La., over U. S. and off-route points of Rensselaer, erations in Kansas and Oklahoma. Highway 90, and between junction U. S. Niverville, Chatham, Canaan, N. Y., No. MC 25518 Sub 11, JOHN BUN- Highways 90 and 165 and New Orleans, State Line, Pittsfield, Cheshire, Adams, NING, MARY BUNNING, EXECUTRIX, La., operating from junction U. S. High­ Zylonite, North Adams, Dalton, Middle- AND LEWIS H. BROWN, EXECUTOR, ways 90 and 165 over U. S. Highway 165 field (Bancroft), Chester, Huntington, doing business as JOHN BUNNING to Kinder, La., thence over U. S. Highway Woronoco, Westfield and West Spring- TRANSFER COMPANY, Rialto Theatre 190 to Baton Rouge, La., thence over field, Mass. Route No. 2-B: Between Building, Rock Springs, Wyoming, Ap­ U. S. Highway 61 to New Orleans, and Springfield and Worcester, Mass., (as plicant’s attorney: Truman A. Stockton, return over the same route, serving all noted in (A) above) serving the inter­ Jr., Stockton, Linville and Lewis, The intermediate points, and all off-route mediate and off-route points of Indian 1650 Grant Street Building, Denver 3, points within 25 miles of New' Orleans, Orchard, Ludlow, North Wilbraham, Colo. For authority to operate as a La., Beaumont, Orange, and Houston, Palmer, Ware, Gilbertville, Barre Plains, common carrier, over irregular routes, Tex., and within 15 miles of Baton Rouge Templeton, Baldwinville, Watervilie, transporting: Machinery, equipment, and Lake Charles, La. Applicant is au­ Winchendon, West /Warren, Warren, materials and supplies used in or in con­ thorized to conduct operations in Texas, West Brookfield, Brookfield, North nection with the discovery, development, Arkansas, Louisiana, Tennessee, Mis­ Brookfield, East Brookfield, Spencer, production, refining, manufacture, proc­ souri, Illinois, and Oklahoma. Charlton Depot, Rochdale, North Oxford essing, storage, transmission and distri­ No. MC 64932 Sub 155, ROGERS Mills, Webster, and Jamesville, M ass. bution of natural gas and petroleum and CARTAGE CO., 1934 South Wentworth Route No. 3-B: Between Worcester ana their products and by-products; and Avenue, Chicago, 111. Applicant’s at­ Boston, Mass., (as noted in (A) above; machinery, equipment and supplies used torney: Jack Goodman, Axelrod, Good­ serving the intermediate and off-rout Wednesday, July 21, 1954 FEDERAL REGISTER 4511 points of Millbury, North Grafton, West- wood, Wentz, and Beaver Dam, N. Y. Yosts, Fonda, Amsterdam, Schenectady, boro, Ashland, Milford, Holliston, Fram­ Route No. 11-E: Between Corning, N. Y., Green Island, Cohoes, Troy, and West ingham, Natick, Wellesley, West New­ and Jersey Shore, Pa., (as noted in (A) Albany, New York. Route No. 21-E: Be­ ton, Brighton, East Cambridge, Chelsea, above) serving the intermediate and off- tween Utica, N. Y., and Albany, N. Y., and East Boston, Mass. Route No. 1-E: route points of Lindley, N. Y., Lawrence- (as noted in (A) above) serving the in­ Between Buffalo, N. Y., and Rochester, ville, N. Y.-Pa., Nelson, Elkland, Knox­ termediate and off-route points of N. Y.i (as noted in (A) above) serving ville, Cowanesque, Westfield, Tioga, Frankfort, Ilion, Mohawk, Indian Castle, the intermediate and off-route points of Middlebury, Wellsboro Junction, Marsh Sbuth Fort Plain, Canajoharie, Sprakers, Bowmansville, Depew, Wende, Corfu, Creek, Ansonia, Wellsboro, Blackwell, Fultonville, Auriesville, South Amster­ Lancaster, Attica, Batavia, South Byron, Cedar Run, Slate Run, Cammal, Blue dam, Pattersonville, Schenectady, South Byron, Bergen, East Bergen. Church- Stone, Jersey Mills and Waterville, Pa. Schenectady, Guilderland Center, Voor- ville, and Coldwater, N. Y. Route No. Route No. 12-E: Between Jersey Shore, heesville, New Scotland, Feura Bush, and 2-E: Between Buffalo, N. Y., and Pa., and Clearfield, Pa., (as noted in (A) So. 3ethlehem, N. Y. Route No. 22-E: Rochester, N. Y., (as noted in (A) above) above) serving the intermediate and off- Between Albany, N. Y., and Poughkeep­ serving the intermediate and off-route route points of Larry’s Creek, Linden, sie, N. Y., (as noted in (A) above) serv­ points of Clarence Center, Clarence, Avis, Lock Haven, Mill Hall, Beech ing the intermediate and off-route Akron, Alabama, Wheatville Station, Creek, Monument, Orviston, Snow Shoe, points of Rensselaer, Castleton-on- Oakfield, Elba, Batavia, Le Roy, Cale­ Kato, Gillintown, Peale, Winburne, Hudson, Schodack Landing, Stuyvesant, donia, Chili, and Coldwater, N. Y. Route Munson, Morrisdale, Philipsburg, Wal- Newton Hook, Stockport, Hudson, Ger­ No. 3-E: Between Buffalo and Rochester, lacetown, Bigler, Woodland, Shawville, mantown, Tivoli, Barrytown, Rhinecliff, N. Y., (as noted in (A) above) serving Frenchville and Karthaus, Pa. Route Staatsburg, and Hyde Park, N. Y. Route the intermediate and off-route points of No. 13-E: Between Clearfield and Cly- No. 23-E-N: Between Poughkeepsie, Black Rock, North Tonawanda, La Salle, mer, Pa., (as noted in (A) above) serving N. Y., and New York, N. Y., (as noted in Echota, Niagara Falls, Suspension the intermediate and off-route points of (A) above) serving the intermediate Bridge, Model City, Ransomville, Wil­ Lumber, Bell Run, Mahaffey, Burnside, and off-route points of New Hamburg, son, Burt, Barker, Lyndonville, Medina, Cherry Tree, Emigh Rim, Cush Cushion, Chelsea, Beacon, Cold Spring, Garrison, Albion, Waterport, Carlton, Morton, Fleming Summit, Commodore, Starford, Peekskill, Montrose, Oscawana, Croton- Hamlin, Hilton and Charlotte, N. Y. Dixonville, Clymer, Wandin, Pine Flats, on-Hudson, Ossining, Scarborough, Tar- Route No. 4-E: Between Buffalo, N. Y., Heilwood, St. Benedict, Patton, Irvona, rytown, Irvington-on-Hudson, Dobbs and Rochester, N. Y., (as noted in (A) Glen Hope, Boardman and Faunce, Pa. Ferry, Hastings-on-Hudson, Yonkers above) serving the intermediate and off- Route No. 14-E: Between Watertown, (including Nepera Park, Nepperhan, route points of Niagara Falls, Sanborn, N. Y., and Rooseveltown, N. Y., (as noted Bryn Mawr Park, and Dunwoodie), and Lockport, Gasport, Middleport, Medina, in (A) above) serving the intermediate New York City (including 33rd St. Sta­ Knowlesville, Albion, Holley, Brockport and off-route points of Calcium, Evans tion, St. John’s Park, Barclay St., Pier and Spencerport, N. Y. Route No. 5-E: Mills, Philadelphia, Antwerp, Couver- 34 East River, 130th St., 60th St., West­ Between Rochester, N. Y., and Syracuse, neur, Hailesboro, Emeryville, Hyatt, chester Ave., Port Morris, Kingsbridge, N. Y., (as noted in (A) above) serving Talcville, Edwards, Richville, DeKalb and Fordham), N. Y. Route No. 24-E— the intermediate and off-route points of Junction, Canton, Eben, Potsdam, Nor­ N : Between Albany, N. Y., and Kingston, Brighton, East Rochester, Fairport, wood, Massena and Helena, N. Y. Route N. Y., (as noted in (A) above) serving Macedon, Palmyra, South Palmyra, No. 15-E: Between Watertown, Clayton the intermediate and off-route points of Newark, Lyons, Clyde, Savannah, Port and Rensselaer Falls, N. Y., (as noted in Glenmont, Wemple, Selkirk, Ravena, Byron, Weedsport, Jordan, Memphis (A) above) serving the intermediate and New Baltimore, Coxsackie, West Athens, and Solvay, N. Y. Route No. 6-E: Be­ off-route points of Brownville, Dexter, Catskill, Alsen, and Saugerties, N. Y. tween Rochester, N. Y., and Syracuse, Limerick, Clayton, LaFargeville, The­ Route No. 25-E-N: Between Albany, N. Y., (as noted in (A) above) serving resa, Redwood, Hammond, Brier Hill, N. Y., and Poughkeepsie, N. Y., (as noted the intermediate and off-route points of Morristown, Ogdensburg, Heuvelton and in (A) above) serving the intermediate Mortimer, Ridgeland, Pittsford, Victor, Rensselaer Falls, N. Y. Route 16-E: and off-route points of Rensselaer, Holcomb, Canandaigua, Shortsville, Between Utica, N. Y., and Watertown, Chatham, Hudson, Philmont, Craryville, Clifton Springs, Phelps, Oaks Corners, N. Y., (as noted in (A) above) serving Hillsdale, Copake Falls, Millerton, Ame- Geneva, Waterloo, Seneca Falls, Cayuga, the intermediate and off-route points of nia, and Wassaic, N. Y. Route No. Auburn, Skaneateles Junction, Martisco Whitesboro, Oriskany, Rome, Camden, 26-E-N: Between Poughkeepsie, N. Y., and Camillus, N. Y. Route No. 7-E: McConnellsville, Westdale, Williams- and New York, N. Y„ (as noted in (A) Between Rochester, N. Y., and Syracuse, town, Altmar and Pulaski, N. Y. Route above) serving the intermediate and off- N. Y., (as noted in (A) above) serving No. 17-E: Between Utica, N. Y., and route points of Dover Plains, Wingdale, the intermediate and off-route points of Watertown, N. Y., (as noted in (A) Pawling, Patterson, Towners, Brewster, Webster, Ontario, Williamson, East above) serving the intermediate and Croton Falls, Purdys, Goldens Bridge, Williamson, Sodus, Alton, North Rose, off-route points of Marcy, Stittville, Hol­ Katonah, Bedford Hills, Mt. Kisco, Wolcott, Red Creek, Crocketts, Hanni­ land Patent, Barneveld, Remsen, Alder Chappaqua, Pleasantville, Hawthorne, bal, Oswego, Fulton, Phoenix and Liver­ Creek, Boonville, Port Leyden, Lyons Valhalla, White Plains, Hartsdale, Scars- pool, n . Y. Route No. 8-E: Between Falls, Glenfield, Lowville, Castorland, dale, Tuckahoe, Bronxville, Mt. Vernon, Syracuse, N. Y„ and Watertown, N. Y., Carthage, Great Bend and Black River, Yonkers (including sub-stations—Ne­ (as noted in (A) above) serving the in­ N. Y. Route No. 18-E: Between Utica, pera Park, Nepperhan, Bryn Mawr Park termediate and off-route points of Clay, N. Y., and Thendara, N. Y., (as noted and Dunwoodie), Carmel, Mahopac, Brewerton, Central Square, Mallory, in (A) above) serving the intermediate Lake Mahopac, Baldwin Place, Lincoln- Parish, Mexico, Maple View, Fernwood, and off-route points of Remsen, Forest- dale, Granite Springs, Amawalk, York­ Pulaski, Richland, Lacona, Mannsville, port, Woodgate, Otter Lake, and town Heights, Millwood, Briar Cliff Pierrepont Manor, Adams and Adams McKeever, N. Y. Route No. 19-E: Be­ Manor, Eastview, Elmsford, Ardsley, Center, N. Y. Route No. 9-E: Between tween Malone, N. Y., and Tupper Lake, Chauncey, Mt. Hope and New York City Syracuse, N. Y., and Utica, N. Y., (as- N. Y., (as noted in (A)' above) serving sub-stations (33rd St., St. Johns Park, noted in (A) above) serving the inter­ the intermediate and off-route points of Barclay St., Pier 34 East River, 130th mediate and off-route points of East Constable, Owls Head, Mountain View, St., 60th St., Westchester Ave., Port Syracuse, Fayetteville, Manlius, Minoa, Lone Lake, Stony Wold, Onchiota, Morris, Kingsbridge and Fordham). Kirkville, Chittenango, C a n a sto ta , Gabriels, Saranac Lake, Ray Brook, Lake Route No. 27-N: Between Kingston, Wampsville, Oneida, Vernon, Clark Placid, Lake Clear Jet., Saranac Inn, N. Y., and Jersey City, N. J., (as noted Mills, and Rome, N. Y. Route No. 10-E: and Flood wood, N. Y. Route No. 20-E: in (A) above) serving the intermediate Between Syracuse, N. Y., and Corning, Between Utica, N. Y., and Albany, N. Y., and off-route points of Port Ewen, Ulster f?* (as noted in (A) above) serving (as noted in (A) above) serving the in­ the intermediate and off-route points of termediate and off-route points of Po­ Park, Esopus, Highland, Milton, Marl­ Lyons, Geneva, Dresden, Penn Yan, Milo land, Newport, Kast Bridge, Herkimer, boro, Roseton, Newburgh, Cornwall, West Mills, Cascade Mills, Dundee, Barnes, Little Falls, Dolgeville, St. Johnsville, Point, Highland Falls, Fort Montgomery, reading Center, Watkins Glen, Wedge- Fort Plain (Nelliston), Palatine Bridge, Iona Island, Jones Point, Tompkins 4512 NOTICES

Cove, Stony Point, West Haverstraw, Bay City, Mason, Laingsburg, Chesaning, sentatives of manufacturers or owners Haverstraw, Congers, N. Y., Weehawkeri, Paines and Zilwaukee, Mich. Route No. of the mobile electronic laboratories de­ West Hoboken (Willow Ave.), and 10-M: Between Detroit, Mich., and To­ scribed above who have been designated Hoboken, N. J. Route No. 28-N: Be­ ledo, Ohio, (as noted in (A) above) by their principals to accompany such tween Kingston, N. Y., and Oneonta or serving the intermediate and off-route laboratories during the transportation Utica, N. Y., (as noted in (A) above) points of Wyandotte, Trenton, Rock- thereof, and the baggage of such pas­ serving the intermediate and off-route wood, and Monroe, Mich., and Toledo, sengers, in special operations, between points of West Hurley, Cold Brook, Ohio. Route No. 11-M: Between Detroit Washington, D. C., and points within Phoenicia, Grand Hotel (Highmount), and Midland, Mich., (as noted in (A) 40 miles thereof, on the one hand, and, Fleischmanns, Arkville, Roxbury, Grand above) serving the intermediate and on the other, points in the United States. Gorge, Stamford, Hobart, and Bloom- off-route points of Warren, Utica, No. MC 100129 Sub 2, NORA ROBERT­ ville, N. Y. Route No. 29-N: Between Rochester, Lake Orion, Oxford, Lapeer, SON, doing business as ACME TOWING Rosendale, New Paltz, Gardiner, Wall- Columbiaville, Millington, Vassar, Caro, SERVICE, 4225 Third, Detroit 1, Mich. kill, Walden, and Montgomery, N. Y, Reese, Bay City and Midland, Mich. Applicant’s attorney: Robert A. Sullivan, Route No. 1-M: Between Jackson, Mich., Route No. 12-M: Between Bay City and 2606 Guardian Building, Detroit 26, and Elkhart, Ind., (as noted in (A) Mackinaw City, Mich., (as noted in (A) Mich. For authority to operate as a above) serving the intermediate and off- above) serving the intermediate and off- common carrier, over irregular routes, route points of Parma, Augusta, Lawton, route points of Pinconning, Standish, transporting: Wrecked, repossessed or Albion, Galesburg, Decatur, Marshall, Gladwin, West Branch, Roscommon, disabled motor vehicles (including Kalamazoo, Dowagiac, Battle Creek, Grayling, Frederic, Gaylord, Wolverine,. trucks, tractors, semi-trailers and house Mattawan and Niles, Mich. Route No. Indian River, Cheboygan and Mackinaw trailers), in towaway service, between 2-M: Between Jackson, Mich., and City, Mich. Applicant is authorized to Detroit, Mich., on the one hand, and, on Grand Rapids, Mich., (as noted in (A) conduct operations in Ohio, Indiana, the other, points in Illinois, Indiana, above), serving the intermediate and Illinois, New York and Pennsylvania. Kentucky, Ohio, New York and Penn­ off-route points of Rives Junction, Eaton No. MC 69901, NEWSOM TRUCKING sylvania. Applicant is authorized to Rapids, Charlotte, Nashville, Hastings, COMPANY, INC., Post Office Box 509, conduct operations in Illinois, Indiana, Middleville, Caledonia, and Byron Cen­ Columbus, Indiana. Applicant’s attor­ Kentucky, Ohio, New York, Pennsyl­ ter, Mich. Route No. 3-M: Between ney; John E. Lesow, Anderson, Lesow & vania, and Michigan. Jackson, Mich., and Bryan, Ohio, (as Lesh, 632 Illinois Building, 17 West Mar­ No. MC 104819 Sub 86, C. E. McBRIDE, noted in (A) above) serving the inter­ ket Street, Indianapolis 4, Ind. Petition doing business as COLONIAL FAST mediate and off-route points of Brook­ for modification of Certificate No. MC FREIGHT LINES, 1201—1st Ave., N., P. lyn, Manitou Beach, Prattville, Hillsdale, 69901, dated April 27, 1953, authorizing O. Box 2169, Birmingham, Ala. For Jonesville, Cement City, Rollin, Morenci, the transportation as a common carrier, authority to operate as a common car- Reading, No. Adams, Addison Jet., Hud­ over regular and irregular routes, of rier, over irregular routes, transporting: son, Osseo, Montgomery, Mich.; West automobile parts, automobile accessories Frozen foods and foods requiring re­ Unity, Dryan Alvordton, Ohio; and and automobile accessory parts, to also frigeration in transit, from points in Fremont, Angola, and Waterloo, Ind. include the transportation of truck parts, Tennessee to points in Alabama, Louisi­ Route No. 4-M: Between Jackson, Mich., truck accessories and truck accessory ana, Maryland, Mississippi, Virginia, and Elkhart, Ind., (as noted in (A) parts (1) between North Vernon, Ind., West 'Virginia, and the District of Co­ above) serving the intermediate and off- and Seymour, Ind., over U. S. Highway lumbia. Applicant is authorized to con­ route points of Concord, Homer, Tekon- 50, serving no intermediate points; (2)' duct operations in Alabama, Connecticut, sha, Union City, Centerville, Sturgis, between North Vernon, Ind., and Co­ Delaware, District of Columbia, Florida, White Pigeon, Burr Oak, Bronson, Cold- lumbus, Ind., over Indiana Highway 7, Georgia, Illinois, Indiana, Kentucky, water, Quincy, Jonesville, and Litchfield, serving no intermediate points; (3) be­ Louisiana, Maine, Maryland, Massachu­ Mich., and Bristol, Ind. Route No. 5-M: tween Seymour, Ind., and Indianapolis, setts, Michigan, Mississippi, New Jer­ Between Jackson, Mich., and Detroit, Ind., serving the intermediate points of sey, New York, North Carolina, Ohio, Mich., (as noted in (A) above) serving Columbus, Franklin and Greenwood, Pennsylvania, Rhode Island, South the intermediate and off-route points of Ind.; (4) between junction Indiana Carolina, Tennessee, Virginia, West Grass Lake, Chelsea, Dexter, Ann Arbor, Highway 7 and U. S. Highway 31, and the Virginia and Wisconsin. Ypsilanti, Wayne, Eloise, Dearborn, junction of U. S. Highways 31 and 31 No. MC 107322 Sub 79, BELL TRANS­ Manchester, Bridgewater and Saline, Alternate, over U. S. Highway 31, serving PORTATION COMPANY, a corporation, Mich. Route No. 6-M : Between Elkhart, no intermediate points; and (5) from 1406* Hays Street, Houston, Texas. Ind., and Middlebury, Ind., etc. (as noted North Vernon, Columbus, Seymour, Applicant’s attorney: Truman A. Stock- in (A) above) serving the intermediate Greenwood, and Franklin, Ind., to points ton, Jr., Stockton, Lineville and Lewis, and off-route points of Middlebury and in Michigan, Wisconsin, Minnesota, The 1650 Grant Street Building, Denver Shipshewana, Ind., and Constantine, Iowa, Missouri, Illinois, Kentucky, phio, 3, Colo. For authority to operate as a Centerville, Allegan, Baroda, Three West Virginia, Pennsylvania and New common carrier, over irregular routes, Rivers, Kalamazoo, Plainwell, Otsego, York; and truck accessory parts, from transporting; Machinery, equipment, Sodus, Niles, Bloomingdale, South Haven, the above-specified destination points to materials and supplies used in or in con­ Benton Harbor, St. Joseph, and Eau North Vernon, Columbus, Seymour, nection with the discovery, development, Claire, Mich. Route No. 7-M: Between Greenwood and Franklin, Ind. production, refining, manufacture, proc­ Elkhart, Ind., and Joliet, 111., (as noted No. MC 79086 Sub 1, GUNN MOTOR essing, storage, transmission and dis­ in (A) above) serving the intermediate EXPRESS, INCORPORATED, 188 East tribution of natural gas and petroleum and off-route points of Niles, Buchanan, Church Street, Beverly, New Jersey. and their products and by-products; and Galien, Three Oaks and New Buffalo, For authority to operate as a common machinery, equipment and supplies used Mich., Michigan City, East Gary, South carrier, over irregular routes, transport­ in or in connection with the construc­ Gary, Ross, and Dyer, Ind., and Frank­ ing: Iron grinding balls, in bulk, from tion, operation, repair, servicing, main­ fort, Steele and Joliet, 111. Route No. Bridgeboro, N. J., to points in Pennsyl­ tenance and dismantling of pipe lines, g-M: Between Toledo, Ohio and Mon­ vania. including the stringing and picking up roe, Mich., (as noted in (A) above) serv­ No. MC 85037 SUB 7 INTERSTATE thereof, except the stringing and picking ing the intermediate and off-route points VAN SERVICE, INC., 418 Florida Ave­ up of pipe in connection with mam or of Sylvania, Ohio and Ottawa Lake, nue, N. E.,, Washington, D. C. Appli­ trunk lines, (1) between points in Ne­ Blissfield, Adrian, Hudson, Jasper, Te- cant’s attorney; Homer S. Carpenter, vada; and (2) between points in cumseh, Clinton, Lenawee Junction, Rice, Carpenter and Carraway, Suite vada, on the one hand, and, on the other, Deerfield, Petersburg, Ida and Monroe, 618 Perpetual Building, 1111 E Street, points in Utah, Wyoming, and Montana. Mich. Route No. 9-M: Between Jack- N. W., Washington 4, D. C. For author­ Applicant is authorized to conduct op­ son, Mich., and Bay City, Mich., (as ity to operate as a common carrier over erations in Kansas, Oklahoma, Texas, noted in (A) above) serving the inter­ irregular routes, transporting: Mobile New Mexico, Arkansas, Louisiana, Mis­ mediate and off-route points of Leslie, electronic laboratories on wheels, and sissippi, Tennessee, Alabama, Nor Lansing, Owosso, St. Charles, Saginaw, passengers who are at the time repre­ Carolina* Georgia, Florida, Kentucky» Wednesday, July 21, 1954 FEDERAL REGISTER 4513 South Carolina, Virginia, West Virginia, Brooks Building, Austin, Tex. For au­ Highway 61 to Dosset, Tenn., and thence Ohio, Pennsylvania, New. York, Wyoming, thority to operate as a common carrier, over unnumbered highway to Oak Ridge, Montana, Utah, Colorado, North Dakota, over irregular routes, transporting: Tenn., and return over the same route, South Dakota and Nebraska. Machinery, equipment, materials, and serving no intermediate points. No. MC 107322 Sub 80, BELL TRANS­ supplies, used in, or in connection with, No. MC 112096 Sub 2, HAINES PORTATION COMPANY, a corporation, the discovery, devfelopment, production, TRUCKING COMPANY, a corporation. 1406 Hays Street, Houston, Texas. Ap­ refining, manufacture, processing, Stor­ Post Office Box 263, Worland, Wyoming. plicant’s attorney: Truman A. Stockton, age, transmission, and distribution of Applicant’s attorney: Truman A. Stock- Jr., Stockton, Linville and Lewis, The sulphur and its products and by-prod­ ton, Jr., Stockton, Linville and Lewis, 1650 Grant Street Building, Denver 3, ucts, and machinery, equipment, mate­ The 1650 Grant Street Building, Denver Colorado. For authority to operate as rials, and supplies, used in, or in con­ 3, Colo. For authority to operate as a a common carrier, over irregular routes, nection with, irrigation, the drilling of common carrier, over irregular routes, transporting: Machinery, equipment, water wells-, salt water injection wells, transporting: Machinery, equipment, materials and supplies used in or in con­ wells for underground reservoir storage, materials and supplies used in or in con­ nection with the discovery, development, and the drilling of wells for all other nection with the discovery, development, production, refining, manufacture, proc­ purposes, (1) between points in Texas production, refining, manufacture, proc­ essing, storage, transmission and dis­ within 150 miles of Palestine, Tex., in­ essing, storage, transmission and dis­ tribution of natural gas and petroleum cluding Palestine; (2) between points in tribution of natural gas and petroleum and their products and by-products; and Texas within 150 miles of Monahans, and their products and by-products; and machinery, equipment and supplies used Tex., including Monahans; (3) between machinery, equipment and supplies used in or in connection with the construc­ points in Texas within 200 miles of Sun­ in or in connection with the construc­ tion, operation, repair, servicing, mainte­ down, Tex., including Sundown; (4) tion, operation, repair, servicing, main­ nance and dismantling of pipe lines* in­ between points in Arkansas within 100 tenance and dismantling of pipe lines, cluding the stringing and picking up miles of Magnolia, Ark., including Mag­ including the stringing and picking up thereof, except the stringing and picking nolia; (5) between points in the above- thereof, except the stringing and picking up of pipe in connection with main or specified Texas territories, on the one up of pipe in connection with main or trunk lines, (1) between points in Ne­ hand, and, on the other, points in Lou­ trunk lines, (1) between points in vada; and (2) between points in Nevada, isiana, New Mexico and Arkansas; (6) Nevada; and (2) between points in on the one hand, and, on the other, between points in Kansas and Oklahoma, Nevada, on the one hand, and, on the points in Kansas, Texas, and Oklahoma. on the one hand, and, on the other, other, points in Wyoming, Colorado, Applicant is authorized to conduct opera­ points in Texas; (7) between points in Montana, and Utah. Applicant is au­ tions in Kansas, Oklahoma, Texas, New Oklahoma and Arkansas; (8) between thorized to conduct operations in Wyom­ Mexico, Arkansas, Louisiana, Mississippi, points in Kansas and Oklahoma; (9) ing, Colorado, Montana, and Utah. Tennessee, Alabama, North Carolina, between points in Kansas and Oklahoma No. MC 112854 Sub 8, PETER HOLLE- Georgia, Florida, Kentucky, South Caro­ and that part of New Mexico bounded BRAND, 3 Knickerbocker Road, Ontario, lina, Virginia, West Virginia, Ohio, Penn­ by a line beginning at the New Mexico- N. Y. Applicant’s representative: Ray­ sylvania, New York, Wyoming, Montana, Texas State line at U. S. Highway 380 mond A. Richards, 13 Lapham Park, Utah, Colorado, North Dakota, South near Bronco, Tex., thence along U. S. Webster, N. Y. For authority to operate Dakota, and Nebraska. Highway 380 to junction New Mexico as a common carrier, over irregular No. MC 107423 Sub 4 (Reopened— Highway 18, thence along New Mexico routes, transporting: Frozen foods, from Further Hearing) J. DAVID CONKEN, Highway 18 to Hobbs, N. Mex., thence Marlboro, Highland, Milton, Hudson, doing business as CONKEN TRANSIT, along U. S. Highway 62 to Carlsbad, N. and Newburgh, N. Y., to Detroit, Mich., Cumberland Avenue and Central Street, Mex., thence along U. S. Highway 285 Louisville, Ky., Cincinnati and Cleve­ Harlan, Ky. Applicant’s attorney: Rudy to the New Mexico-Texas State line, land, Ohio, and St. Louis, Mo„ and Yessin, Smith, Reed & Leary, Sixth and thence east and north along empty containers or other such inci­ Floor, McClure Building, Frankfort, Ky. the New Mexico-Texas State line to dental facilities (not specified) used in For authority to operate as a common point of beginning, including points on transporting the commodities specified carrier, over irregular routes, trans­ the indicated portions of the highways on return. Applicant is authorized to porting: (a) General commodities, ex­ specified; and (10) between Kansas City, conduct operations in New York and cept those of unusual value, Class A and Mo., on the one hand, and, on the other, Virginia. B explosives, household goods as defined points in Kansas, Oklahoma, Texas, and No. MC 112914 Sub 7, HOLLOWAY by the Commission, livestock, commodi­ that part of New Mexico specified above. TRANSFER COMPANY, INCORPO­ ties in bulk, and those requiring special Applicant is authorized to conduct oper­ RATED, 317 Mitchell Avenue, Gadsden, equipment, (1) Between Huntington, W. ations in Arkansas, Kansas, Louisiana, Ala. Applicant’s attorney: R. J. Reyn­ Va., on the one hand, and, on the other, Missouri, New Mexico, Oklahoma and olds, Jr., 1403 Citizens & Southern Bank points in Leslie, Perry, Knott, Letcher, 1 *6 XdiS Building, Atlanta 3, Ga. For authority Harlan, Floyd, Magoffin, Johnson, Law­ No. MC 109005 Sub 13, SIMPSON to operate as a common carrier, over reg­ rence, and Pike Counties, Ky., and Cabell TRUCKING COMPANY, INC., 730 Old ular routes, transporting: General com­ and Mingo Counties, W. Va., and (2) Flat Shoals Road, S. E., P. O. Box 1415, modities, except Class A and B explosives, Between Harlan, Ky., on the one hand, Atlanta, Ga. For authority to operate household goods as defined by the Com­ and, on the other, Ashland and Catletts- as a common carrier, over regular routes, mission, commodities of unusual value, burg, Ky., and (3) Between Knoxville, transporting: Compressed inflammable commodities in bulk, and those requiring Tenn., on the one hand, and, on the gases in specially built tube trailers special equipment, (1) between Annis­ other, points in Bell County, Ky., exclud­ owned by the U. S. Government, empty ton, Ala., and Atlanta, Ga., from Annis­ ing Middlesboro, Ky., and (4) Between tube trailers, classified and secret ma­ ton over U. S. Highway 431 to junction points in Harlan and Letcher Counties, terials and commodities used by Atomic U. S. Highway 78, thence over U. S. High­ Ky., on the one hand, and, on the other, Energy Commission, between Savannah way 78 to Heflin, Ala., thence over Ala­ Points in Lee and Wise Counties, Va., River Project of Atomic Energy Com­ bama Highway 46 to the Alabama- lb) Household goods as defined by the mission near Dunbarton, S. C., and Georgia State line, thence over Georgia Commission, and New furniture, Be­ Atomic Energy Plant, Oak Ridge, Tenn., Highway 8A via Bowdon, Ga., to Villa tween points in Harlan County, Ky., on from Savannah River Project of Atomic Rica, Ga., thence over U. S. Highway 78 the one hand, and, on the other, points Energy Commission over South Carolina to Atlanta, and return over the same ln /t®11^68866 and Virginia. Applicant is Highway 125 to junction South Carolina route, serving the intermediate point of authorized to conduct operations in Ten­ Highway 28, thence over South Carolina Bowdon, Ga., and (2) between Centre, nessee, Kentucky, Virginia and North Highway 28 to the South Carolina- Ala., and Rome, Ga., from Centre over Carolina. Georgia State line, thence over Georgia Alabama Highway 23 to the Alabama- No. MC 108585 Sub 3, J. C. STROUD Highway 28 to Augusta, Ga., thence over Georgia State line, thence over Georgia STROUD, doing business as U. S. Highway 25 to junction U. S. High­ Highway 20 to Rome, and return over OTROUD BROTHERS, P. O. Box 772, ways 25-W and 25-E at or near Newport, the same route, serving all intermediate oinerville, Tex. Applicant’s attorney: Tenn., thence over U. S. Highway 25-W points. Applicant is authorized to con­ cweu H. Muse, Jr., Suite 415 Perry to Clinton, Tenn., thence over Tennessee duct operations in Alabama and Georgia. 4514 NOTICES

No. MC 112914 Sub 8, HOLLOWAY nett, 1000 Fleming Building, Des Moines Writing fluid, In containers; packages TRANSFER COMPANY, INCORPO­ 9, Iowa. For authority to operate as a containing leads, erasers, pens, pencils, RATED, 317 Mitchell Avenue, Gadsden, contract carrier, over irregular routes, and desk sets; metal jewelry boxes, paper Alabama. Applicant’s attorney: R. J. transporting: Steel wire bottle-carrying boxes, general school supplies, advertis­ Reynolds, Jr„ 1403 Citizens & Southern crates and wire baskets partially en­ ing matter and display cases set up; and National Bank Building, Atlanta 3, closed, from Keosauqua, Iowa, to points premium items when shipped as pre­ Georgia. For authority to operate as a in Arkansas and Tennessee, and empty miums in connection with the writing common carrier, over regular routes, containers or other such incidental facil­ fluids described above, From Fort Madi­ transporting: General commodities, in­ ities (not specified) used irrtransporting son, Iowa, to Pittsburgh, McKeesport, cluding commodities of unusual value, the commodities, on return movement. Harrisburg, Reading, and Philadelphia, commodities in bulk, and commodities Applicant is authorized to conduct oper­ Pa., Baltimore, Md., Washington, D. C., requiring special equipment, but exclud­ ations in Colorado, Illinois, Indiana, Richmond and Norfolk, Va., New Haven ing Class A and B explosives and house­ Iowa, Kansas, Kentucky, Michigan, Min­ and Hartford, Conn., Providence, R. L, hold goods as defined by the Commis­ nesota, Missouri, Nebraska, North Da­ Cleveland, Ohio, Buffalo, Rochester, sion, (1) between Birmingham, Ala., and kota, Ohio, South Dakota, and Wisconsin. Allentown, Syracuse, Schenectady, Al­ Atlanta, Ga., from Birmingham over No. MC 114770, EDWARD E. WIXSON, bany and New York, N. Y., and Worcester U. S. Highway 78 to Atlanta, Ga., and RFD 2, Stockton, Illinois, Applicant’s and Boston, Mass.; empty glass bottles, return over the same route, serving no attorney: Philip L. Keister, 314 Second from Baltimore, Md., to Fort Madison, intermediate points, as an alternate National Building, Freeport, Illinois. Iowa, and returned merchandise on route in connection with applicant’s For authority to operate as a contract return. regular route operations between Bir­ carrier, over regular routes, transport­ No. MC 114816, LOUIS PIERONI AND mingham, Ala., and Atlanta, Ga., (2) be­ ing: Cheese, from Morseville, 111. (located RAY PIERONI, doing business as tween Birmingham, Ala., and'Anniston, approximately 4 miles southeast of TRANSPORTATION SERVICE, 1916 Ala., from Birmingham over U. S. High­ Stockton, 111.), to Monroe, Wis., from South California Avenue, Chicago, 111. way 78 to junction U. S. Highway 78 and Morseville, 111., over unnumbered high­ For authority to operate as a contract Alabama Highway 202, approximately way to junction Illinois Highway 78 at carrier, over irregular routes, transport­ 12 miles west of Anniston, thence over Stockton, UL, thence over Illinois High­ ing: Baking pans, ney and used, for Alabama Highway 202 to Anniston, and way 78 to junction U. S. Highway 20, glazing purposes, between Chicago, 111., return over the same route, serving no thence over U, S. Highway 20 to junction on the one hand, and, on the other, intermediate points, as an alternate Illinois Highway 73, thence over Illinois points within 200 miles of Chicago, HI. route in connection with applicant’s Highway 73 to junction Winslow County APPLICATIONS OF MOTOR CARRIERS OF regular route operations between (a) Road, thence over Winslow County Road PASSENGERS Birmingham and Gadsden, Ala., and (b) to junction Illinois Highway 26, thence between Gadsden and Anniston, Ala., over Illinois Highway 26 to the Illinois- No. MC 1504 Sub 121, ATLANTIC (3) between Atlanta, Ga., and Anniston, Wisconsin State line, thence over Wis­ GREYHOUND CORPORATION, 1100 Ala., from Atlanta, Ga., over U. S.High- consin Highway 69 to Monroe, Wis.; also, Kenawha Valley Building, Charleston, way 78 to Oxford, Ala.,, thence over U. S. from the junction U. S. Highway 20, and W. Va. Applicant’s attorney: L. C. Highway 431 to Anniston, Ala., and re­ Illinois Highway 73, over U. S. Highway Major, Jr., Turney & Turney, 2001 turn over the same route, serving no 20 to junction Illinois Highway 26 at Massachusetts Avenue, N. W., Washing­ intermediate points, as an alternate Freeport, 111., thence over Illinois High­ ton 6, D. C. For authority to operate route in connection with applicant’s way 26 to Illinois-Wisconsin State line, as a common carrier, over regular routes, regular route operations, (a) between and thence over Wisconsin Highway 69 transporting: Passengers and their bag­ Birmingham, Ala., and Atlanta, Ga., and to Monroe, Wis., and return over the gage, and express, mail, and newspapers, (b) between Gadsden and Anniston, same routes, serving no intermediate in the same vehicle with passengers, be­ Ala., (4) between Anniston, Ala., and points on the described routes. tween junction old and new U. S. High­ Piedmont, Ala., from Anniston over Ala­ No. MC 114780, RAYMOND R. KNAPP, ways 29 near the North Carolina-South bama Highway 11 to Piedmont, and re­ doing business as R. K. DRIVEAWAY, Carolina State line and Lyman, S. C., turn over the same route, serving no 2007 Eighth Street, Baker, Oregon. Ap­ over new U. S. Highway 29, serving all intermediate points, as an alternate plicant’s attorney: William 1». Jackson, intermediate points; between junction route in connection with applicant’s Baker State Bank Building, Baker, new U. S. Highway 29 and U. S. Highway regular route operations (a) between Oregon. For authority to operate as a 221 and Spartanburg, S. C., over U. S. contract carrier, over irregular routes, Highway 221; and between Spartanburg, Birmingham, Ala., and Atlanta, Ga., and S. C., and junction U. S. Highway 176 (b) between Gadsden and Anniston, transporting: New house trailers, in in­ Ala., (5) between Rome, Ga., and Cedar- itial movement, from Elkhart, Ind., to and new U. S. Highway 29, over U. S. Baker and Riddle, Oreg. Highway 176, serving all intermediate town, Ga., from Rome over U. S. Highway points. Applicant is authorized to con­ 27 to Cedartown and return over the No. MC 114789, NATIONWIDE CAR­ RIERS, INC., 2200 University Ave., St. duct operations in Florida, Georgia, same route, serving no intermediate North Carolina, Ohio, South Carolina, points, as an alternate route in connec­ Paul, Minn. Applicant’s attorney: Lee Loevinger, Larson, Loevinger, Lind­ Pennsylvania, Tennessee, Virginia, West tion with applicant’s regular route op­ Virginia, and the District of Columbia. erations (a) between Birmingham, Ala., quist, Freeman and Fraser, Midland Bank Building, Minneapolis 1, Minn. No. MC 114568 Sub 1, VICTOR and Atlanta, Ga., (b) between Birming­ HRIBAR AND PAUL BICKERSTAFP, ham, Ala., and Cedartown, Ga., and (c) For authority to operate as a contract between Austell and Cedartown, Ga., and carrier, over irregular routes, transport­ doing business as FORT STEUBEN ing: Dairy products, as defined by the LIMOUSINE, 137 South Seventh Street, (6) between Cedartown, Ga., and Car- Steubenville, Ohio. For authority to op­ tersville, Ga., frbm Cedartown over Commission in Ex Parte No. 45, milk powder and milk solids, animal feed and erate as a common carrier, over regular Georgia Highway 6 to Rockmart, Ga., routes, transporting: Passengers and thence over Georgia Highway 113 to poultry feed, from points in Minnesota, and Marshfield, Plymouth and Sauk City, their baggage, and newspapers and ex­ junction Georgia Highway 61, thence press in the same vehicle with passen­ over Georgia Highway 61 to Cartersville, Wis., to points in Texas, and empty containers or other. such incidental fa­ gers, between Steubenville, Ohio, ana and return over the same route, serving Greater Pittsburgh Airport, located near no intermediate points, as an alternate cilities (not specified) used in transport­ ing the commodities specified, on return. Carnot, Pa., operating from S teuben­ route in connection with applicant’s ville, Ohio, over U. S. Highway 22 to regular route operations (a) between No. MC 114800, WARREN A. SETTER- BERG, doing business as W. & B. junction Penn Lincoln Highway, thence Birmingham, Ala., and Atlanta, Ga., and EXPRESS, 311 Avenue H, Fort Madison, over Penn Lincoln Highway to G reater (b) between Austell and Cedartown, Ga. Iowa. Applicant’s attorneys: Loyal G. Pittsburgh Airport, located near C arnot, Applicant is authorized to conduct oper­ Kaplan and Samuel Zacharia, Kaplan & Pa., and return over the same route, ations in Alabama and Georgia. Zacharia, Suite 339 Omaha National serving the intermediate point of W eir- No. MC 113082 Sub 1, CLARK Bank Building, Omaha 2, Nebr. For ton, W. Va. STOOKESBERRY, Milton, Iowa. Appli­ authority to operate as a contract car­ . No. MC 114820, JOHN HOELnNG cant’s attorneys: Lundy, Tonini and Ben* rier r over irregular routes, transporting: AND ROBERT BOENTE, doing business Wednesday, July 21, 1954 FEDERAL REGISTER 4515 as HOELTING-BOENTE BUS COM­ STORAGE CO., INC., 214 North Ala­ tion, is authorized to operate as a com­ PANY, Carlinsville, HI. Applicant’s at­ meda St., Los Angeles, Calif., of the mon carrier in Ohio, Indiana, Michigan, torney: Michael P. Seyfrit, Snell & operating rights of KING TRANSFER Illinois, Missouri, Iowa, Massachusetts, Seyfrit, Sonnemann Building, Carlins­ AND STORAGE COMPANY, 1205 South Maine, New Hampshire, California, Ne­ ville, 111. For authority to operate as a Cherokee St., Muskogee, Okla., and for braska, New York, New Jersey, Wyoming, common carrier, over irregular routes, acquisition by P. J. SMITH AND S. H. Pennsylvania, Utah, Kentucky, South transporting: Passengers and their bag- SMITH, Los Angeles, Calif., of control of Dakota, West Virginia, Kansas, Georgia, gagey in the same vehicle with passen­ the operating rights through the pur­ Louisiana, Nevada, Alabama, Florida, gers, in charter operations, from Carlins­ chase. Applicants’ attorney: Irving A. Mississippi, Tennessee, Arizona, Arkan­ ville, 111., to points in Missouri and Levine, Suite 1122 Warner Bldg., Wash­ sas, Colorado, Washington, Oregon, Indiana, and return. ington, D. C. Operating rights sought Idaho, Minnesota, and Montana. Ap­ to be transferred: Household Goods, as plication has not been filed for tempo­ CORRECTIONS defined by the Commission, as a com­ rary authority under section 210a (b). In P. R. Document 54-4756, page 3822, mon carrier, over irregular routes, be­ No. MC-F-5734. Authority sought for issue of Wednesday June 23, 1954, appli­ tween points in Muskogee, Wagoner, purchase by FOWLER & WILLIAMS, cations Nos. MC 77348 Subs 5 and 6, Mayes, Cherokee, Adair, Haskell, Mc­ INC., 1300 Meylert Ave., Scranton, Pa., JULIUS BUMB PIANO MOVERS, INC., Intosh, and Okmulgee Counties, Okla., of the operating rights MICHAEL H. New York, N. Y. Change commodity on the one hand, and, on the other, KERNAN, doing business as HARRIS descriptions in each application to read: points in Missouri, Arkansas, Kansas, MOTOR LINES, 1424 Prospect Ave., “Pianos and organs, Uncrated, and piano and Texas; between points in Delaware, Scranton, Pa., and for acquisition by and organ parts.” Latimer, and Sequoyah Counties, Okla., HILTON G. FOWLER, Scranton, Pa., In P. R. Document 54-5189, page 4170, on the one hand, and, on the other, of control of the operating rights through issue of Thursday July 8, 1954, applica­ points in Arkansas, Kansas, and Mis­ the purchase. Applicants’ attorney: tion of EBER STAUTAMOYER doing souri; between points in Muskogee Harris J. Klein, 280 Broadway, New business as STAUTAMOYER TRUCK­ County, Okla., on the one hand, and, on York, N. Y. Operating rights sought to ING SERVICE, Docket Number shown as the other, points in Colorado, Iowa, and be transferred: General commodities, MC 11475, should be changed to read: Nebraska: Between points in Okmulgee except those of unusual value and ex­ MC 114775. County, Okla., and those within 65 miles cept Class A and B explosives, house­ of Okmulgee County, on the one hand, hold goods as defined by the Commission, APPLICATIONS TINDER SECTIONS 5 AND 210A and, on the other, points in Oklahoma, commodities in bulk, commodities re­ (B) Kansas, Arkansas, and Texas; between quiring special equipment, and those No. MC-F-5711. CARMEN D. AM­ East St. Louis, 111., St. Louis, Mo., and injurious or contaminating to other BROSIA-PURCHASE (PORTION) — points in St. Louis County, Mo., on the lading, as a common carrier, over regu­ RUSSELL TRUCKING LINE, INC. Ap­ one hand, and, on the other, points in lar routes, between Horseheads, N. Y., plication has been filed under Section Arkansas, Connecticut, Indiana, Illinois, and Bernice, Pa., serving all interme­ 210a (b), in connection with the above- Iowa, Maryland, Michigan, Missouri, diate points and the off-route points of entitled proceeding. Notice of the filing Nebraska, New Jersey, New York, Ohio, Burlington, East Troy and East Smith- of the application for purchase authority Oklahoma, Pennsylvania, Tennessee, field, Pa. Vendee is authorized to oper­ under section 5, Interstate Commerce Wisconsin, and the District of Colum­ ate in Pennsylvania, New York, New Act, appears in the F ederal -R egister, bia. Vendee is authorized to operate in Jersey, Connecticut, Maryland, Virginia, issue of June 16, 1954, at page 3534. Hlinois, Iowa, Minnesota, Nebraska, Michigan and the District of Columbia. No. MC-F-5713. Authority sought Colorado, Wyoming, Utah, Nevada, Cali­ Application for temporary authority for purchase by J. B. REED MOTOR fornia, Alabama, Connecticut, Dela­ under section 210a (b) was granted EXPRESS, INC., 710 North Farnsworth ware, Indiana, Kentucky, Maryland, July 9, 1954. Ave., Aurora, 111., of the operating rights Massachusetts, Missouri, New Jersey, No. MC-F-5735. Authority sought and certain property of OVERTON New York, Ohio, Pennsylvania, Tennes­ for purchase by ALKIRE TRUCK LINES, MOTOR EXPRESS, INC., 257 Stuart see, Virginia, West Virginia, Wisconsin, INC., 1600 Genesee, Kansas City, Mo., Ave., Aurora, 111., and for acquisition by and the District of Columbia. Applica­ of the operating, rights and property of J. B. Reed, James E. Reed and Clarence tion has not been filed for temporary LEWIS F. SCHNATHORST (HUGH C. E. Sommers, Aurora, 111., of control of authority under section 210a (b). McCLEERY, EXECUTOR), doing busi­ the operating rights and certain prop­ No. MC-F-5733. Authority sought for ness as SCHNATHORST TRUCK LINE, erty through the purchase. Applicants’ the merger into THE GREYHOUND Marshalltown, Iowa, and for acquisition attorney: Eugene L. Cohn, One North CORPORATION, 2600 Board of Trade by TENNYS ALKIRE, Kansas City, Mo., LaSalle St., Chicago, HI. Operating Bldg., Chicago, 111., of the operating of control of the operating rights and rights sought to be transferred: General rights and property of PACIFIC GREY­ property through the purchase. Ap­ commodities, except those of unusual HOUND LINES, 371 Market St., San plicants’ attorney: Lowell L. Knipmeyer, value, and except Class A and B ex­ Francisco, Calif., and for The Greyhound 900 Waltower Building, Kansas City, Mo. plosives, livestock, household goods as Corporation to acquire control of Cali­ Operating rights sought to be trans­ defined by the Commission, commodities fornia Parlor Car Tours Company, 201 ferred: Farm machinery, as a common in bulk, commodities requiring special Pine St., San Francisco, Calif., A carrier, over regular routes, from Hop­ equipment, and those injurious or con­ WHOLLY-OWNED SUBSIDIARY OF kins, Minn., to Eldora, Iowa, and farm taminating to other lading, as a common Pacific Greyhound Lines. Applicants’ machinery and feed, from Minneapolis, carrier, over irregular routes, between attorney : Eugene T. Liipfert, 2001 Mass­ Minn., to Eldora, Iowa, serving the inter­ Chicago, 111., on the one hand, and, on achusetts Ave., N. W., Washington, D. C. mediate and off-route points in Hardin the other, points in that part of Illinois Operating rights sought to be merged: County, Iowa, and Grundy Center, Zear- bounded by a line beginning at Chicago Passengers and their baggage, as a com­ ing, and Dysart, Iowa, restricted to de­ and extending along U. s. Highway 330 mon carrier, over regular routes, from, to livery only; Livestock and agricultural to Geneva, 111., thence along Illinois and between points in Texas, California, commodities, between Belle Plaine, Iowa, highway 31 to Oswego, 111., and thence Utah, Nevada, New Mexico, Arizona and and Chicago, 111., serving the interme­ highway 34 to Chicago, in­ Oregon, serving specified intermediate diate and off-route points in Tama cluding points on the indicated portions and off-route points. If a more detailed County, Iowa; those in Benton County, of Illinois Highway 31 and U. S. High- description of the service is desired, cop­ Iowa, on and west of U. S. Highway 218 way 34. Vendee is authorized to oper- ies of the application may be viewed at those in Poweshiek County, Iowa, on a e in Illinois under the second proviso the office of the regulatory Commission and east of U. S. Highway 63, those in of section 206 (a) (1) of the Interstate of any state involved. Operations of Poweshiek County on and north of U. S. ommerce Act. Application has not CALIFORNIA PARLOR CAR TOURS Highway 6 and west of U. S. Highway 63, oeen filed for temporary authority under COMPANY; Passengers and their bag­ and those in Iowa County, Iowa, on and section 210a (b). gage, in special operations, as a common west of Iowa Highway 149; feed, tank­ carrier, over regular routes; from, to and age, farm implements and hardware, and n ^ MC-F-5732. Authority sought for between points in California, Oregon building materials, between Chicago, 111., Purchase by REPUBLIC VAN AND and Nevada. The Greyhound Corpora­ to Belle Plaine, Iowa, serving the inter- No. 140—— 4 4516 NOTICES mediate and off-route points of Forest [4th Sec. Application 29485] Any interested person desiring the Park, Sterling, Rock Island, East Moline, L iq u e fie d Ch l o r in e G as F rom P er k in s, Commission to hold a hearing upon such Moline, Silvis, and Sandwich, HI., W . Va., to t h e S o u t h application shall request the Commission Marengo, Blairstown, Van Horne, Key­ in writing so to do within 15 days from stone, Clutier, Toledo, Tama, and APPLICATION FOR RELIEF the date of this notice. As provided by Clinton, Iowa; farm machinery, from J u ly 15, 1954. the general rules of practice of the Com­ Rockford, 111., to Belle Plaine, Iowa; The Commission is in receipt of the mission, Rule 73, persons other than ap­ livestock, from Eldora, Iowa, to Chicago, above-entitled and numbered applica­ plicants should fairly disclose their in­ HI., serving the intermediate and off- tion for relief from the long-and-short- terest, and the position they intend to route points in Hardin County, Iowa, haul provision of section 4 (1) of the In­ take at the hearing with respect to the restricted to pick-up only; farm ma­ terstate Commerce Act. application. Otherwise the Commission, chinery, feed, and hinder twine, from Filed by: H. R. Hinsch, Agent, for car­ in its discretion, may proceed to inves­ Chicago, 111., to Eldora, Iowa, serving the riers parties to schedule listed below. tigate and determine the matters in­ intermediate points of Sandwich, Moline, Commodities involved: Liquefied volved in such application without fur­ East Moline, and Rock Island, 111., re­ chlorine gas, in tank-car loads. ther or formal hearing. If because of stricted to pick-up only, and to the inter­ From: Perkins, W. Va. an emergency a grant of temporary re­ mediate and off-route points in Hardin To: Specified points in Alabama, lief is found to be necessary before the County, Iowa, and ZearTng and Grundy Florida, Mississippi, Memphis, Tenn., and expiration of the 15-day period, a hear­ Center, Iowa, restricted to delivery only; Baton Rouge, La. ing, upon a request fifed within that livestock, agricultural commodities, farm Grounds for relief: Rail competition, period, may be held subsequently. machinery, hardware, building materials, and circuitous routes. By the Commission. feed, and coal, between Mechanicsville, Schedules filed containing proposed Iowa, and Chicago, 111., serving the inter­ rates: H. R. Hinsch, Agent, I. C. C. No. [ seal] G eorge W . L aird, mediate point of Forest Park, 111., and 4367, supp. 63. Secretary. off-route points within ten miles of Any interested person desiring the [F. R. Doc. 54-5517; Filed, July 19, 1954; Mechanicsville, Iowa; between Mechan­ Commission to hold a hearing upon such 8:48 a. m.] icsville, Iowa, and Sandwich, 111., serving application shall request the Commission the intermediate points of East Moline, in writing so to do within 15 days from Moline, and Rock Island, 111., and the the date of this notice. As provided by off-route points of Coal Valley, 111., and the general rules of practice of the Com­ [4th Sec. A pplication 29487] those within ten miles of Mechanicsville, mission, Rule 73, persons other than ap­ Iowa; feed, twine, fencing materials, ag­ plicants should fairly disclose their in­ W h o le G rains F rom K ansas Cit y , Mo.- ricultural implements, farm machinery terest, and the position they intend to K ans., to P ort A rthur, T e x ., for and parts, egg cases, barbed wire, wind­ take at the hearing with respect to the E x po rt mills and other wind-driven machinery, application. Otherwise the Commission, APPLICATION FOR RELIEF washing machines, iron and steel mill in its discretion, may proceed to investi­ J u ly 15,1954. products, and livestock, over irregular gate and determine the matters involved routes, from, to and between Illinois, in such application without further or The Commission is in receipt of the Indiana and Iowa. Vendee is author­ formal hearing. If because of an emer­ above-entitled and numbered applica­ ized to operate in Missouri, Iowa, Illinois, gency a grant of temporary relief is tion for relief from the long-and-short- Kansas and Nebraska. Application for found to be necessary before the expira­ haul provision of section 4 (1) of the In­ temporary authority under section 210a tion of the 15-day period, a hearing, terstate Commerce Act.

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