VOLUME 24 1 93 4 ^ * i/A/ITEO %
Washington, Wednesday, March 25, 1959
Sec. CONTENTS Title 5— ADMINISTRATIVE 39.304 Continuous civUian service. 39.305 - Waiver of limitations on training of Agricultural Marketing Service Fa&e employees through non-Govern PERSONNEL ment faculties. Proposed rule making; Chapter I— Civil Service Commission 39.306 Agreements to continue in service. Milk in certain marketing areas: 39.307 Failure to fulfill agreements to con St. Louis, M o.______2307 PART 6— EXCEPTIONS FROM THE tinue in service. Toledo, Ohio______2308 Rules and regulations: COMPETITIVE SERVICE Subpart D— Expenses of Training Milk in certain marketing areas: Department of State 39.401 Determination of necessary expenses Columbus, Ohio______2294 of training. Dayton - Springfield, Ohio; Effective June 1, 1959, paragraph 39.4Q2 Exceptions from prohibition on pay (f) 11) of § 6.102 is.revoked. ment of premium pay. miscellaneous amendments. 2293 39.403 Protection of Government’s interest, Agricultural Research Service (E.S. 1753, sec. 2, 22 Stat. 403, as amended; incomplete training. 5 U.S.C. 631, 633) Rules and regulations: 39.404 Records of training expenses. Rinderpest and foot-and-mouth U n it e d S tates C i v i l S er v Subpart E— Contributions, Awards, and disease; non-existence in ic e C o m m is s io n , Payments Channel Islands______2302 [ seal] W m . C. H u l l , 39.501 Scope. Executive Assistant. 39.502 Acceptance of contributions, awards, Agriculture Department and payments. See Agricultural Marketing Serv [F.R. Doc. 59-2496; Filed, Mar. '24, 1959; 39.503 Authority of departments to author ice; Agricultural Research Serv 8:49 a.m.] ize acceptance. ice; Commodity Credit Corpo 39.504 "Identification of organization when ration; Commodity Stabilization more than one participates. Service; Forest (Service. 39.505 Delegation of authority to authorize PART 39— TRAINING REGULATIONS acceptance. Atomic Energy Commission _ 39.506 Records. Notices: 1. Effective upon publication in the -A u t h o r it y : §§ 39.101 to 39.506 issued under Aerojet - General Nucleonics; Federal R egister, §§ 39.1 and 39.2 are sec. 6, 72 Stat. 329. Interpret and apply Pub. amendment to facility license revoked. Law 85-507 and E.O. 10800, Jan. 15, 1959. and construction permits____ 2316 2. A new Fart 39 is added as set out be . North Carolina State College; low, effective as of July 1, 1959, with the Subpart A— General Provisions construction permit______2317 following exceptions, which are effective § 39.101 Definitions. Walker Trucking Co.; byproduct upon publication, in the F ederal R e g is and source material license to ter: §§39.101; 39.203(b); 39.208; Sub- For the purpose of this part : (a) The term “Act” means the Gov provide radioactive waste dis part C, with the exception of § 39.302; posal service______2316 Subpart D; and Subpart E. ernment Employees Training Act, Public Law 85-507 (72 Stat. 327). Civil Service Commission Sec Subpart A— General Provisions Cb) The terms “ Government,” “ de Rules and regulations: 39.101 Definitions. partment,” “ employee,” “ Commission,” State Department; exceptions “training,” “Government facility,” and from competitive service_____ 2289 Subpart B — Establishing Training Prog rams “non-Government facility” have the Training regulations______2289 Through Government and Non-Government meanings given to these terms by section Facilities Commodity Credit Corporation 3 of the Act. Rules and regulations: oq o01 Review of training needs. (c) The term “ training by,, in, or Mohair; payment program------2293 39.202 Scope and general conduct of train- through Government fa cilities means qq big programs. training that is conducted (1) by civilian Commodity Stabilization Service .jT™ Selection and assignment of trainees. or military personnel of the Government Mohair; payment program (see Utilization of trainees, acting in their official capacities, and (2) Commodity Credit Corpora on Evaluation of training, tion). oo Interchange of training information. on property owned or substantially con ^•207 Reports. trolled by the Government. All other Customs Bureau •208 Utilization of other Government training is “training by, in, or through Rules and regulations: facilities. non-Government facilities.” Cigars imported by mail; collec Subpart C— Training by, in, or Through Non- Subpart B— Establishing Training Pro tion of tax and duty______2304 Government Facilities grams Through Government and Defense Department 9-301 General prohibitions, training Non-Government Facilities See Engineers Corps. through non-Government fa- go- cilities. § 39.201 Review o f training needs. Engineers Corps Rules and regulations: 2 Selection of non-Government fa- (a) In conducting the reviews of 39 am n cillties for training. Public use of certain reservoir Computing time, in training through training needs required by section 5 ol areas; miscellaneous amend non-Government facilities. (Continued on next page) ments______- 2306 2289 2290 RULES AND REGULATIONS
CONTENTS-—Continued CONTENTS-—Continued Federal Communications Com- Pase Treasury Department Page FEDEMLWREGISTER mission— Continued See Customs Bureau. '»3« Rules and regulations: Wage and Hour Division Frequency allocations and radio Notices: treaty matters; type accept Learner employment certifi Published daily, except Sundays, Mondays, ance______2306 cates; issuance to various in and days following official Federal holidays, by the Federal Register Division, National Federal Power Commission dustries______2314 Archives and Records Service, General Serv Notices: Proposed rule making: ices Administration, pursuant to the au Hearings, etc.: Resignation and appointment of thority contained in the Federal Register Act, Jefferson Lake Sulphur Co. public member on certain approved July 26, 1935 (49 Stat. 500, as et al______2319 committee______2311 amended; 44 U. S. C., ch. 8 B ), under regula Kerr-McGee Oil Industries, tions prescribed by the Administrative Com mittee of the Federal Register, approved by Inc., and Texas Co. et al___ 2318 CODIFICATION GUIDE the President. Distribution is made only by Federal Reserve System A numerical list of the parts of the Code the Superintendent of Documents, Govern Rules and regulations : of Federal Regulations affected by documents ment Printing Office, Washington 25, D. C. Discount rates; miscellaneous published in this issue. Proposed rules, as T in Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 amendments______2302 opposed to final actions, are identified as per month or $15.00 per year, payable in such. Federal Trade Commission A Cumulative Codification Guide covering advance. The charge for individual copies Rules and regulations: (minimum 15 cents) varies in proportion to the current month appears at the end of each the size of the issue. Remit*check or money Cease and desist orders: issue beginning with the second issue of the order, made payable to the Superintendent Puget Sound Brokerage Co__ 2303 month. of Documents, directly to the Government Stuttman, H. S., Co. et al____ 2303 Page Printing Office, Washington 25, D. C. Thompson Products, Inc___ ?_ 2304 5 CFR 6 ______The regulatory material appearing herein Food and Drug Administration 2289 is keyed to the Code of Federal Regulations, 39______2289 which is published, wider 50 titles, pursuant Proposed rtfle making : to section 11 of the Federal Register Act, as Samsoe cheese; standard of 6 CFR amended August 5, 1953, The Code of Fed identity______2311 468______2293 eral R egulations is sold by the Superin Substance containing piperonyl 7 CFR tendent of Documents. Prices of books and butoxide and pyrethrins in or pocket supplements vary. 971 on whole cheese; petition for- I _ 2293 There are no restrictions on the re- 974______2294 publication of material appearing in the issuance of regulation estab lishing tolerance-______2312 Proposed rules: Federal R egister, or the CcSde of Federal 903 . 2307 R egulations. Rules and regulations : Canned fruits, artificially sweet 930______2308 ened; order establishing iden 9 CFR tity standards______2304 94 CFR SUPPLEMENTS 2302 Forest Service 12 CFR (As of January 1, 1959) Rules and regulations: 224______2302 Timber; miscel&heous amerid- The following supplement is now ~ments______2305 16 CFR available: Health, Education, and Welfare 13 (3 documents)______2303,2304 Title 9, Rev. Jan. 1, 1959 ($4.75) Department 19 CFR See Food and Drug Administra __ — 2304 Previously announced: Title 3, 1958 Supp. tion. ($0.35); Title 8 ($0.35); Titles 22-23 21 CFR ($0.35); Title 25 ($0.35); Title 38 ($0.55); Interior Department ^ 27______2304 Titles 4 0 -4 2 ($0.35); Title 46, Parts 14 6- See Land Management Bureau. Proposed rules: 149, 1958 Supp. 2 ($1.50); Part 15
§ 974.12 Producer. plants, which are repackaged, reproc (d) Keep such books and records as “Producer” means any person, except essed or converted to another product will clearly reflect the transactions pro a producer-handler, who produces milk in the plant during the month or skim vided for in this part, and, upon request on a dairy farm which is approved by a milk and butterfat in such products for by the Secretary, surrender the same to duly constituted health authority for 4he which other utilization or disposition is his successor or to such other person as production of milk for fluid disposition not established on the basis of the rec the Secretary may designate; and which milk is: ords required pursuant to § 974.32. (e) Publicly announce, unless other (a) Permitted by the health authority §974.17 Chicago butter price. wise directed by the Secretary, by posting having jurisdiction in the marketing area in a conspicuous place in his office and to be labeled and disposed of as Grade A “ Chicago butter price” means the by such other means as he deems appro milk in the marketing area; and arithmetical average, as computed by priate, the. name of any person who, (b) -Received during the month at a the market administrator, of the daily within 10 days, after the day upon which pool plant or diverted from a pool plant wholesale selling prices (using the mid he is reqiflred to perform such acts, has to another pool plant or to a nonpool point of any range as one price) per not made: plant pursuant to the conditions set pound of Grade A (92-score) bulk cream ( 1 ) Reports pursuant to § 974.30, or forth in § 974.13. ery butter at Chicago as reported for the (2) Payments pursuant to §§ 974.71, month by the Department. 974.72, 974.75, 974.76, or 974.78; § 974.13 Producer milk. § 974.18 Nonfat dry milk price. (f) Submit his books and records to “Producer milk” means skim milk and examination and furnish such informa butterfat contained in milk» (a) Re “ Nonfat dry milk price” means the arithmetical average of the weighted av tion and verified reports as may be re ceived at a pool plant directly from pro quested by the Secretary; erages of the carlot prices per pound of ducers;^ (b) diverted for the account of (g) On or before the 10th day after spray and roller process nonfat dry milk the operator of a pool plant to another the end of each month, supply each co for human consumption, f.o.b. Chicago Y>ool plant; or (c) diverted during the operative association upon request, with area manufacturing plants, as published month to a nonpool plant for the account a record of the amount and average but for the month by the Department. of a cooperative association or the oper terfat test of milk received during such ator of a pool plant: Provided, That pro M ar k et A dministrator month and the amount of any advance ducer milk diverted shall be deemed to § 974.20 Designation. payments made and of any deductions or have been received at a pool plant at the charges from payments for such milk same location as the pool plant from The agency for the administration of authorized with respect to each pro which it is diverted; And provided fur ' this part shall be a market administrator ducer determined by the market admin ther, That this definition shall not in who shall be a person selected by the istrator to be a member of such associa clude the milk of any person during any Secretary. Such person shall be en tion or to have given written authoriza 6f the months of August through March titled to such compensation as may be tion to such association to receive such in which the milk of such person is di determined by, and shall be subject to information ; 1 verted to a nonpool plant for more than removal at the discretion of, the Secre (h) Audit all reports and payments by one-half of the days of delivery during tary. each handler by inspection of such han the month. § 974.21 Powers. dler’s records and of the records of any §974.14 Handler. other person upon whose utilization the The market administrator shall have classification of milk for such handler “ Handler” means (a) any person who the power to: (a) Administer all erf the depends; operates a fluid milk plant, and (b) any terms and provisions of this part; (b) (i) Publicly announce, by posting in a cooperative association with respect to make rules and regulations to effectuate conspicuous place in his office and by milk diverted by it in accordance with the terms and provisions of this part; such other means as he deems appro the conditions set forth in § 974.13(c). and (c) receive, investigate, and report priate, the prices determined for each to the Secretary complaints of violations § 974.15 Producer-handler. month as follows: of this part. (1) On or before the 6th day of each “Producer-handler” means any per § 974.22 Duties. month, the minimum Class I and Class H son who processes and packages milk prices and butterfat differentials com from his own farm production, who dis The market administrator shall per puted pursuant to §|^974.51 (a) and (b) tributes any portion of such milk on a form all duties necessary to administer and 974.52(a) ; '- f f route in the marketing area and who re the terms and provisions of this part, (2) On or before the 6th day after ceives no fluid milk products from, other including, but not limited to the follow the end of each month, the minimum dairy farmers or nonpool plants: Pro ing: Class m and Class IV prices and the vided, That such person provides proof (a) Within 30 days following the date butterfat differentials computed pursu satisfactory to the market administrator on which he enters upon his duties, or ant to §§ 974.51 (c) and (d) and 974.52 that (a) the care and management of all such lesser period as may be prescribed (b) and (c) ; and the dairy animals and other resources by the Secretary, execute and deliver to <3) On or before the 10th day after necessary to produce the entire amount the Secretary a bond, effective as of the the end of each month, the uniform price of fluid milk handled (excluding trans date on which he enters upon such du computed pursuant to § 974.61 and the fers from pool plants) is the personal ties, and conditioned upon the faithful butterfat differential computed pursu enterprise of and at the personal risk performance of his duties, in an amount ant to § 974.73 ; of such person and (b) the operation of and with surety thereon satisfactory to (j) Prepare and disseminate to the the processing and distributing business the Secretary; public such statistics and information as is the personal enterprise of and at the (b) Employ and fix the compensation he deems advisable and as do not reveal personal risk of such person. of such persons as may be necessary to confidential information; and § 974.16 Other source milk. enable him to administer the terms and (k) On or before the 10th day after provisions of this part; “ Other source milk” means all skim the end of each month, upon request by (c) Pay, out of the funds provided by a cooperative association described in milk and butterfat contained in or rep § 974.76: resented by: § 974.7.7(b) or the operator of a pool (1) The cost of his bond and of the plant, furnish such person and publicly (a) Receipts during the month in the bonds of those of his employees who form of fluid milk products, except: (1) announce by posting in a conspicuous handle funds entrusted to the market place in his office, unless otherwise di Fluid milk products received from pool administrator, plants, (2) producer milk, and (3) in rected by the Secretary, the name or (2) His own compensation, and each handler who during the month re ventories of fluid milk products on hand (3) All other expenses, except those ceived producer milk and the percentage at the beginning of the month; and incurred under § 974.77, necessarily in of the skim milk and butterfat in such (b) Products other than fluid milk curred by him in the maintenance and milk which was classified in each clas products from any source, except Class functioning of his office and in the per during the month together with any sig IX and Class I I I products from pool formance of his duties; nificant changes in the reported per- Wednesday, March 25, 1959 FEDERAL REGISTER 2297 centages for any previous month as are § 974.33 Retention o f records. shrinkage allocated to other source milk revealed by the regular audit of the All books and records required under pursuant to § 974.42. market administrator. this part to be made available to the § 974.42 Shrinkage. R eports, R ecords, a n d F a c il it ie s market administrator shall be retained by the handler for a period of three The market administrator shall al § 974.30 Reports o f receipts and utiliza years to begin at the end of the calendar locate shrinkage at th e; handlers pool plant(s) as follows: ’ tion. month to which such books and records On or before the 6th day after the end pertain: Provided, That if within such (a) Compute the total shrinkage of of each month, each handler shall report three-year period, the market adminis skim milk and butterfat, respectively; for such month to the market adminis trator notifies the handler in writing that (b) To the producer milk at such trator for each of his pool plant(s), in the retention of such books and records, plant, add the producer milk diverted to the detail and on the forms prescribed by or of specified books and records is such plant and subtract producer milk the market administrator, the following: necessary in connection with a proceed diverted from such plant to another pool (a) The total pounds of skim milk and ing under section 8c(15) (A ) of the Act plant; and butterfat contained in or represented by: or a court action specified in such notice, (c) Prorate the amount computed (1) Producer milk; the handler shall retain such books and pursuant to paragraph (a) of this sec (2) Fluid milk products received from records, or specified books and records, tion between receipts of skim milk and other pool plants; until further written notification from butterfat, respectively, in producer milk (3) Products specified in Class n and the market administrator. In either as computed pursuant to paragraph (b) Class H I milk from pool plants which are case, the market administrator shall of this section and in other source milk reprocessed or converted to another give further written notification to the received in-the form of a fluid milk product in the plant during the month; handler promptly upon the termination product in bulk. (4) Other source milk; and of the litigation or when the records are § 974.43 Transfers. (5) Beginning and ending inventories no longer necessary in connection there of fluid milk products; with. Skim milk or butterfat transferred or diverted from a pool plant shall be ' (b) The utilization of all skim milk C lassification and butterfat required to be reported classified as follows: pursuant to this section; § 974.40 Basis o f classification. (a) As Class I milk if transferred or diverted in the form of a fluid milk (c) Such other information with re The skim milk and butterfat which spect to such receipts and utilization as product to another pool plant, unless: are required to be reported pursuant to (1) Utilization in another class is the market administrator may prescribe; § 974.30(a) shall be classified by the and claimed by the operators of both plants market administrator, subject to the in their reports submitted pursuant to (d) His producer payroll which shall provisions of §§ 974.41 to 974.46. show for each producer and association § 974.30; and of producers: §.974.41 . Classes o f utilization. (2) The transferee plant has utiliza tion in the claimed classification of an (1) The total pounds of producer milk Subject to the provisions set forth in received and the average butterfat test equivalent amount of skim milk and § § 974.43 and 974.44 the classes of utiliza butterfat, respectively, after making the thereof; ■■ tion shall be as follows: . .. (2) The amount of any advance pay assignment pursuant to § 974.46(a) (a) Class I milk shall be all skim milk (1), (2) and (3) and the corresponding ments; and and butterfat (1) disposed of in the form (3) The nature, amount or rate per steps of § 974.46(b): Provided, That if of a fluid milk product, except as pro either or both plants have other source hundredweight of milk of each deduction vided in paragraphs (b) (2) and (d) (2) milk, the skim milk and butterfat so or charge made by the handler. of this section; (2) ih ending inventory transferred or diverted shall be classi of fluid milk productsirand CSf not spe § 974.31 Other reports. fied so as to allocate the highest-valued cifically accounted for as Class II, Class (a) Each handler and producer-han III or Class IV milk; use classification available at both plants to producer m ilk; dler shall make reports to the market (b) Class II milk shall be all skim administrator with respect to receipts milk and butterfat (1) used to produce (b) As Class I milk, if transferred or diverted to a producer-handler in the and utilization at each of his fluid milk cottage cheese, and any mixture con form of a fluid milk product; taining skim milk or butterfat placed in plants which is not a pool plant at such (c) As Class I milk if transferred or time and in such manner as the market containers or dispensers under pressure for the purpose of dispensing an aerated diverted in the form of a fluid milk administrator may request. product in bulk to a nonpool plant lo (b) The operator of a pool plant shall product (such as “Reddi-Wip” , “ Instant Whip” , etc.), and (2) disposed of in bulk cated 100 airline miles or more from notify the cooperative association of his fluid form during any of the months of the State Capitol in Columbus* Ohio; and intention to divert milk of its member- April through July, inclusive, to any Producers pursuant to § 974.13(e) not manufacturer of soup, candy, or bakery (d) As Class I milk if transferred or less than 24 hours prior to such diversion. products for use in such manufacturing diverted in the form of a fluid milk prod uct in bulk to a nonpool plant, except §974.32 Records and f acilities. operation; (c) Class I I I milk shall be all skim a plant operated by a producer-handler, . ■Each handler and producer-handler milk and butterfat contained in frozen located less than 100 airline miles from shall maintain and make available to the cream, and used to produce condensed the State Capitol in Columbus, Ohio, niarket administrator, his agent, or such milk and condensed skim milk (except unless: (1) The handler claims classification other person as the Secretary may desig evaporated milk or skim milk in her metically sealed cans), ice cream, ice in another class in his report submitted nate, during the usual hours of bumness, pursuant to § 974.30 and the operator of such accounts and records of his opera- cream mix, ice cream novelties, ice sher bets, ice milk, imitation ice cream and the nonpool plant maintains books and ant* sucb facilities as, in the opinion frozen dairy desserts; and records showing the receipt and utiliza the market administrator, are neces tion of all skim milk and butterfat at sary to verify reports or to ascertain the (d) Class IV milk shall be all skim milk and butterfat (1) used to produce such plant which are made available, if orrect information with respect to (a) any milk product other than those speci requested by the market administrator jne receipts and utilization of all skim fied in paragraphs (a ), (b ), or (c) of this for verification: Provided, That if the miitan<* ktrttetfat handled, including all section, (2) specifically accounted for classification claimed by the handler re pro
computation, an equivalent amount of § 974.46 Allocation of skim milk , and Company and Location skim milk and butterfat shall be reclassi butterfat classified. fied as Class I milk, Class I I milk, or Borden Co., Mount Pleasant, Mich. After making the computation pursu Borden Co., New London, Wis. Class II I milk, respectively, in series be ant to § 974.45, the market administrator Borden Co., Orfordville, Wis. ginning with Class I milk, pro rata, in shall determine the classification of pro Carnation Co., Oconomowoc, Wis. accordance with the total of the lower- ducer milk received at the pool plant (s' Carnation Co., Richland Center, Wis. priced classifications reported by each of. Carnation Co., Sparta, Mich. such handlers: of each handler during the month as\ Pet Milk Co., Belleville, Wis. follows: (i) Prom the total skim milk and but Pet Milk Co., Coopersville, Mich. terfat, respectively, in fluid, milk prod (a) Skim milk shall be allocated in the Pet Milk Co., New Glarus, Wis. following manner: Pet Milk Co., Wayland, Mich. ucts disposed of from such nonpool (1) Subtract from the total pounds of White House Milk Co., Manitowoc, Wis. plant and classified as Class I milk and White House Milk CO., West Bend, Wis." used to produce products in Class II skim milk in Class IV milk the pounds milk and Class II I milk, pursuant to the of skim milk in producer milk shrinkage (b) The price per hundredweight classification provisions of this order assigned to Class IV milk pursuant to computed by adding together the plus § 974.41(d) (3 ); applied to such nonpool plant, subtract, amounts calculated pursuant to subpara ^ in series beginning with Class I milk, the (2) Subtract from the remaining graphs (1) and (2) of this paragraph: skim milk and butterfat received at such pounds of skim milk in each class, in (1) Prom the Chicago butter price, plant directly from dairy-farmers who series beginning with the lowest-priced subtract 3.5 cents, and multiply the dif are approved by a duly constituted use available, the pounds of skim milk in ference by 4.2; and health authority to supply “ Grade A ” other source milk; (2) Prom the nonfat dry milk price, milk and who the market administrator (3) Subtract from t h e remaining subtract 4 cents and multiply the differ determines constitutes the regular source pounds of skim milk in Class II and Class ence by 8.2. I I I milk, respectively, the pounds of skim of supply for such nonpool plant; § 974.51 Class prices. (ii) Prom the .remaining amount of milk in products specified in Class II and Class I milk, subtract the skim milk and Class I I I milk, respectively, which have Subject to the provisions of §§ 974.52, butterfat, respectively, in fluid milk prod been produced in a pool plant and which 974.53 and 974.55 the minimum class ucts received from other markets and are reprocessed or converted to another prices for producer milk per hundred which is classified and priced as Class I product in the plant during the month: weight for the month shall be deter milk pursuant to another order issued Provided, That if the amount to be sub mined by the market administrator as follows: pursuant to the Act; Provided, That the tracted pursuant to this subparagraph is amount subtracted pursuant to this sub in excess of the amount remaining in (a) Class I milk. The price for Class division shall be limited to such market’s such class, such excess shall be sub I milk shall be the basic formula price pro rata share of such remainder based tracted from the next higher-priced for the preceding month, plus $1.10 and on the total receipts of skim milk and available class; plus or minus a “supply-demand adjust butterfat, respectively, at such nonpool (4) Subtract from the remaining ment” computed as follows: plant which are subject to the pricing pounds of skim milk in each class the (1) Compute a “current utilization provisions of an order issued pursuant skim milk in fluid milk products received percentage” by dividing the total receipts to the Act; and from other pool plants according to the of producer milk during the second and (iii) Prom the remaining amount of classification determined pursuant to third preceding months by the total gross Class II milk and Class III milk, subtract, §§ 974.41 and 974.43; pounds of Class I milk and Class II milk in series beginning with Class II milk, (5) Subtract from t h e remaining pursuant to § 974.41(b) (2) (less ending the skim milk and butterfat, respectively, pounds of skim milk in Class I milk, the inventory and adjusted to eliminate du in milk received directly from dairy pounds of skim milk in inventory of fluid plications due to interhandler transfers) farmers, at such nonpool plant, who are milk products on hand at the beginning for the same months, multiplying the re not approved by a duly constituted of the month; v sult by 100, and rounding to the nearest health authority to supply “ Grade A ” (6) Add to the pounds of skim milk integer. milk. remaining in Class IV milk the skim milk (2) Compute a “net utilization per subtracted pursuant to subparagraph centage” by subtracting (algebraically) § 974.44 Responsibility of handlers. (1) of this paragraph; and from the current utilization percentage In establishing the classification of (7) Subtract, in series beginning with the following appropriate “standard uti skim milk and butterfat as required in the lowest-priced use available, the lization percentage”. §§ 974.41 and 974.43, the burden rests amount, if any, by which the total skim ' " / " standard milk remaining in all classes exceeds the Month for which a price utilization upon the handler who first receives such is being computed: percentage skim milk or butterfat to prove to the pounds of skim milk in producer milk. January______£______- 127 market administrator that such skim (b) Butterfat shall be allocated by the February _____ - 129 milk or butterfat should not be classified same procedure prescribed for skim milk March______-____ _ 126 as Class T milk. in paragraph (a) of this section. April______- 124 (c) Determine the weighted average May 1______- l25 § 974.45 Computation of skim milk and butterfat content of producer milk re June ___ 1______I30 butterfat in each class. maining in each class. July______141 August______- 160 For each month the market adminis M i n i m u m P rices September______— I56 trator shall correct for mathematical October______- and for other obvious errors the reports § 974.50 Basic formula price. November _____ - l23 of receipts and utilization for the pool The basic formula price per hundred December______- plant (s) of each handler and shall com weight of milk for the month shall be the (3) Determine the amount of the pute the pounds of skim milk and butter higher of the prices as computed to the supply-demand adjustment from the fat in Class I milk, Class II milk, Class nearest one tenth of a cent by the mar following table: '~N;/ . . I I I milk and Class IV milk for such ket administrator for such month pur Supply "demand handler; Provided, That if any of the suant to paragraphs (a) and (b) of this adjustment water contained in the milk from which section: Net utilization (cents per a product is made is removed before the (a) The arithmetical average of the percentage: hundredweight) product is utilized or disposed of by the basic (or field) prices per hundredweight +16 or over__ — ------s----— handler, the pounds of skim milk used reported to have been paid, or to be paid, + 12 o r ------to produce and disposed of in such prod + 8 o r+ 9 _ .------for milk of 3.5 percent butterfat content +4 o r------„ uct shall be considered to be an amount received from farmers during the month equivalent to the nonfat milk solids con at the following places for which prices t l Z - l ------:::::::::::: +w tained in such product plus all of the are reported to the market administrator —8 or — oil:::::” ::: ------XI water normally associated with such or to the Department by the companies -12 or -13---- XU solids in the form bf whole milk. listed below: .— 16 or under___ — ------** Wednesday, March 25, 1959 FEDERAL REGISTER 2299
Provided, That when the net utilization the location of the pool plant where such (b) Add the amount(s) computed by percentage is between two tabulated milk is received from producers: multiplying the pounds deducted from brackets, the supply-demand adjustment Rate per each class for such handler pursuant to shall be determined by the tabulated Distance from the Ohio hundredweight § 974.46(a) (7) and the corresponding bracket which is adjacent to the net utili State capitol (m iles): (cents) step of § 974.46(b) by the applicable zation percentage and is the same as or 80 but less than 90______.______15.0 class prices; the nearer to the bracket used in the For each additional 10 miles or frac (c) Subtract an amount computed as immediately preceding month. tion thereof an additional-______1 .5 follows: Multiply the difference between (b) Class I I milk. The price for Class Provided, That for the purpose of cal the Class i n and the Class IV price for n milk shall be the basic formula price culating such location differential, fluid skim milk by the skim milk in producer for the preceding month plus $0.70 and milk products which are transferred be milk in excess of the skim milk classified plus or minus the supply-demand ad tween pool plants shall be assigned to as Class I, Class I I and Class III milk justment computed pursuant to para any remainder of Class IV, and Class I I I (other than that used to produce con graph (a) of this section. milk in the transferee plant after making densed skim milk) in any of the months (c) Class I I I milk. The price for Class the calculations prescribed in § 974.46 of April, May, June and July which is in milk shall be the basic formula price, (a) (3), and the comparable steps in disposed of in such month from the pool adjusted during the months of August § 974.46(b) for such plant, such assign plant of such handler in the form of through March, by 26 percent of any ment to transferrer-plants to be made condensed skim milk to a plant whose plus supply-demand adjustment com in sequence according to the location supply of skim milk and butterfat is not puted pursuant to paragraph (a) of this differential applicable at each plant, be required to be approved as Grade A milk section rounded to the nearest one-tenth ginning with the plant having the largest by a duly constituted health authority; cent and plus the following amount for differential. (d) Add an amount computed as fol the specified month: lows: Multiply the amount of skim milk Amount § 974.54 Use of equivalent prices. and butterfat, respectively, subtracted Month ( dollars) If for any reason a price quotation re pursuant to the proviso in § 974.46(a) (3) August through March______o. 55 by the difference between the current April through July______.______.50 quired by this part for computing class prices or for other purposes is not avail month’s prices for the class in which (d) Class IV milk. The price for Class able in the manner described, the market such skim milk and butterfat was origi IV milk shall be the sum of the values' administrator shall use a price deter nally classified and the prices of the computed pursuant to § 974.50(b) (1) and mined by the Secretary to be equivalent class from which it is subtracted during (2) minus 12 cents for the months of to the price which is required. the month: and April through July and minus 5 cents for (e) Add or subtract, as the case may the months of August through March. § 974.55 Prices o f Class I and Class II be, any amount due the producer-settle milk disposed of in other Federal ment fund or the handler as a result § 974.52 Butterfat differentials to han order markets. of errors discovered by the market dlers. The price of Class I milk and Class II administrator in the verification of re For each one-tenth of one percent that milk disposed of from a pool plant in ports or payments of such handler for the weighted average butterfat test of the marketing area of another Federal any previous month. producer milk which is classified in each milk marketing order or agreement, is class for each handler is more or less sued pursuant to the Act, shall be the § 974.61 Computation of uniform price. than 3.5 percent there shall be added to price applicable at such plant under the For each month, the market admin or subtracted from, as the case may be, Columbus order, or the price applicable istrator shall compute the uniform price the price for such class a butterfat dif at such plant for milk or similar use or per hundredweight of producer milk of ferential calculated by the market ad disposition pursuant to such other order, 3.5 percent butterfat content as follows: ministrator as follows: whichever is higher. (a) Combine into one total the values (a) Class I and Class I I milk. Multi computed pursuant to § 974.60 for all § 974.56 Computation o f prices o f skim handlers except those who did not make ply the Class I price for the month by milk and butterfat. 0.0172 and round to the nearest one- payments pursuant to § 974.71 for the tenth cent: Provided, That the Class I The prices per hundredweight of skim previous month; and Class n butterfat differential shall milk and butterfat to be paid by each (b) Subtract for each of the months of not be less than the differential com handler for milk in each class shall be April, May, June and July an amount puted pursuant to paragraph (b) of this computed and announced to handlers by computed by multiplying the hundred section for the current month. the market administrator on or before weight of milk received from producers (b) Class I I I milk. Multiply the Chi the dates for announcing the corre during the month by 35 cents; cago butter price by the following factor sponding class prices pursuant to (c) Add for each to the months of for the specified month and round to the § 974.22(i> as follows: September, October, and November, 20, nearest one-tenth cent: For each class, respectively, the price 30 and 30 percent, respectively, and for per hundredweight of skim milk shall be December the balance of the total August through March______0.126 the applicable class price for the month amount subtracted during the immedi April through July______0.124 (§ 974.51 (a ), (b), (c> and (d) or ately preceding April-July period pur § 974.55) less the result of multiplying suant to paragraph (b) of this section; (c) Class IV milk. Multiply the Chithe applicable class price butterfat dif (d) Add the sum of the values o f the cago butter price by 0.115. ferential for the month (§ 974.52 (a ), location differentials allowable pursuant (b ) , and (c ) ) by 35. For each class, to § 974.74; § 974.53 Location differentials to han- dlers. respectively, the price per hundredweight (e) Subtract, if the weighted average of butterfat shall be the applicable class butterfat test of all producer milk rep f ° r that producer milk which is re price for the month plus the result of resented in the sum computed pursuant ceived at a pool plant located 80 miles or multiplying the applicable class butterfat to paragraph (a) of this section 'is more from the State capitol in Colum differential for the month by 965. greater than 3.5 percent; or add, if the ns, Ohio, by the shortest hard-surfaced weighted average butterfat test of such D etermination o f U n if o r m P r ic e highway distance, as determined by the milk is less than 3.5 percent, an amount market administrator, and which is § 974.60 Net obligation of each handler. computed as follows: Multiply the hun dredweight of such milk by such differ ransferred to another pool plant in the The net obligation of each handler for ence and multiply the result by the orm °f a fluid milk product and assigned producer milk received during the month butterfat differential computed pursuant Class 1 or Class I I milk pursuant to shall be a sum of money computed as follows: to § 974.73 times 10; pl e Proviso of this section, or otherwise (f) Add not less than one-half of the assified as Class I milk or Class n milk, (a) Multiply the pounds of skim milk and butterfat, respectively, in producer unobligated balance in the producer- «e prices specified in § 974.51 (a) and milk in each class by the applicable class settlement fund; in ke reduced at the rate set forth prices pursuant to § 974.56 and add (g) Divide by the hundredweight of he following schedule according to together the resulting amounts; producer milk; and 2300 RULES AND REGULATIONS
(h) Subtract not less than 4 cents norduring the month, except that if such § 974.72 Payments to producers. more than 5 cents. plant is also a partially regulated plant (a) Except as provided in paragraph § 974.62 Notification of handlers. under another order issued pursuant to the Act and the Class I sales in such (c) of this section, on or before the 16th The market administrator shall: other marketing area exceeded those day after the end of each month, the (a) On or. before the 10th day after made in the Columbus marketing area market administrator shall make pay the end of each month, notify each han during the month, the payments due ment to each producer for milk received dler who operates a pool plant: under this subparagraph shall be re from him during the month by each (1) The amount and value of his milk duced by the amount of any payments handler from whom the appropriate pay in each class pursuant to § 974.60; for administrative assessment under ments have been received pursuant to (2) The totals of such amounts and such other order. § 974.71(a) at the uniform price com values due the producer-settlement fund puted pursuant to § 974.61 subject to the pursuant to § 974.71; and § 974.64 Plants subject to other Fed following adjustments: (3) The amount to be paid by such eral orders. (1) The butterfat differential pursu handler pursuant to § 974.76. The provisions of this part shall not ant to § 947.73 ; (b) On or before the 20th day after apply to a milk plant during any month (2) The location differential pursuant the end of each month, notify each han in which the milk at such plant would be to § 974.74; dler who operates a fluid milk plant, subject to the classification and pricing (3) Less marketing service deductions not a pool plant: provisions of another order issued pur pursuant to § 974.77(a) ; (1) The amount due the producer- suant to the Act unless such plant meets (4) Less proper deductions authorized settlement fund pursuant to § 974.63; the requirements for a pool plant pur in writing by the producer: Provided, and suant to § 974.10 and a greater volume That for producers who are members of (2) The administrative-assessment to of fluid milk products is disposed of from a cooperative association which re be paid by such handler pursuant to such plant to pool plants and to retail ceives payment for milk pursuant to § 974.63. or wholesale outlets located in the Co paragraph (b) of this section, such au thorization for hauling and assignments § 974.63 Obligation of handlers operat lumbus, Ohio, marketing area - than in the marketing area regulated pursuant shall be by the cooperative association; ing a fluid milk plant which is a non and pool plant. to such other order dining the current month and each of the three months, (5) Adjusted for any error in making On or before the 25th day after the end immediately preceding: Provided, That payment to such producer for past of each month, each handler operating the operator of a plant which is exempted months : Provided, That if the balance a fluid milk plant which is a nonpool from the provisions of this order pursu in the producer-settlement fund not plant shall pay to the market adminis ant to this section shall, with respect to otherwise obligated is insufficient to trator, the amounts computed pursuant the total receipts and utilization or dis make all payments pursuant to this to paragraph (a) of this section, unless position of skim milk and butterfat at section, the market administrator shall the handler elects at the time of report the plant, make reports to the market ad reduce such payments pro rata and shall ing pursuant to § 974.30 to pay the ministrator at such, time and in such complete such payments on or before amounts computed pursuant to para manner as the market administrator may the next date for making payments pur graph (b) of this section. require and allow verification of such suant to this section following that on (a) An amount (1) for deposit in the reports by the market administrator. which such balance of payment is producer-settlement fund, equal to the received; value' of all skim milk and butterfat dis P a y m e n t s (b) In making payments to producers posed of from such plant as Class I milk § 974.70 Producer-settlement fund. pursuant to paragraph (a) of this sec (computed in accordance with § 974.45) tion, the market administrator shall pay on routes in the marketing area during The market administrator shall estab on or before the 14th day after the end the month at the Class I prices appli lish and maintain a separate fund, known of the month to : cable at the location of such plant, less as the “producer-settlement fund”, (1) A cooperative association quali the value of such skim milk and butter- which shall function as follow s:. fied under § 974.77(b) which is author fat at the Class IV prices and (2) for (a) All payments made by handlers ized to collect payment for milk of its administrative assessment, the rate spec pursuant to §§ 974.63 and 974.71 shall be members and from which a written ified in § 974.76 with respect to the Class deposited in this fund, and all payments request for such payment has been re I milk disposed of from such plant in the made pursuant to § 974.72 (a) and (b) ceived, the aggregate of the payments marketing area during the month; and shall be made out of this fund; and calculated pursuant to paragraph (a) (b) An amount (1) for deposit in the (b) All amounts subtracted pursuant of this section for all producers certified producer-settlement fund; equal to any to § 974.61(b) shall be deposited in this to the market administrator by such plus amount remaining after deduction fund and set aside as an obligated bal cooperative association as having au from the value that would have been ance until withdrawn to effectuate thorized such association to receive such computed pursuant to § 974.60 for such § 974.72 in accordance with the require payments, and nonpool plant and a supply plant (s) as ments of § 974.61 (c). (2) Each handler an amount, if any, defined pursuant to § 974.9(b) which § 974.71 Payments to producer-settle by which payments to producers for milk serves as a regular source of supply of ment fund. required pursuant to paragraph (c) of this section, before deductions for mar milk for such nonpool plant if such On or before the 12th day after the plant(s) were a pool plant: (i) The keting services, exceeds the amount de end of each month, each handler shall ducted pursuant to § 974,71 (a) and (b) gross payment made by such han pay to the market administrator his dler on or before the 18th day after the with respect to such milk, obligation for milk for such month of (c) On or before the 16th day after end of the month for milk received dur which he is notified pursuant to ing the month from dairy farmers de the end of each month, each handler § 974.62(a) , less (a) the amount of shall pay each producer, who is not a scribed in § 974.12(a) at such plant or deductions authorized pursuant to member of a cooperative association at a plant which serves as a supply plant § 974.72(a) (4) and itemized on the qualified pursuant to § 974.77 (b) and for for such plant and (ii) any payments handler’s producer payroll: Provided, whom a written request to make pay made in accordance with provisions sim That such deductions for each individual ments has been filed by the handler with ilar to those Contained in paragraphs producer shall not exceed the total value the market administrator, for milk (a )(1 ) of this section and subparagraph of the milk received from such producer received from him during the month at (1) of this paragraph applicable to such during the month, and (b) an amount not less than the uniform price as ad not to exceed the value of milk received plant as a partially regulated plant un from producers to whom the request to justed pursuant tor paragraphs (a) d )» der another order issued pursuant to the make payment pursuant to § 974.72(c) (2), (3), and (4) of this section; and Act and (2) for administrative assess applies computed at the rate of the uni (d) In making the payments to pro ment, an amount equal to that which form price adjusted by the butterfat and ducers pursuant-to paragraphs (a ), (W > would have been computed pursuant to location differentials pursuant to § 974.73 and (c) of this section, the payer sha § 974.76 if such plant were a pool plant and § 974.74. furnish each producer or cooperativ Wednesday, March 25, 1959 FEDERAL REGISTER 2301 association, as the case may be, with a § 974.77 Marketing services. or by any other person, the power and supporting statement which shall show (a) Except as set forth in paragraph duty to perform such further acts shall for each month: continue notwithstanding such suspen (1) The month and the identity of (b) of this section, the market admin istrator or handler, as the case may be, sion or termination: Provided, That any the handler and the producer; such acts required to be performed by <2) The total pounds and the average shall deduct 5 cents per hundredweight or such amount not to exceed 5 cents as the market administrator shall, if the butterfat content of milk received from Secretary so directs, be performed by such producer; the Secretary may from time to time pre scribe, from the payments made to each such other person, persons, or agency as (3) The minimum rate nr rates at the Secretary may designate. which payment to such producer is re producer pursuant to § 974.72 (a) or (c ). Such deductions made by the handler (a) The market administrator, or such quired pursuant to this part; other person as the Secretary may desig (4) The amount or the rate per hun shall be paid to the market administrator on or before the 12th day after the end nate, shall: dredweight of milk and nature of each (1) Continue in such capacity until deduction claimed by the handler; and of the month. Such moneys shall be used by the market administrator to discharged by the Secretary; (5) The net amount of payment to (2) Prom time to time account for all such producer. check weights, samples, and tests of pro ducer milk received by handlers and to receipts and disbursements, and when so § 974.73 Butterfat differential to pro provide producers with market informa directed by the Secretary, deliver all ducers. tion, such service to be performed by the funds or property on hand, together with In making payment for producer milk market administrator or by an agent en the books and records of the market pursuant to § 974.72, there shall be added gaged by and responsible to him; administrator, or such person to such to or subtracted from, respectively, the (b) In the case of producers for whom person as the Secretary may direct; and uniform price per hundredweight for a cooperative association which, as de (3) If so directed by the Secretary, each one-tenth of one percent of butter termined by the Secretary, has its entire execute such assignments or other in fat content in such milk above or below activities under the control of its mem struments necessary or appropriate to 3.5 percent a butterfat differential com bers and is actually performing, as de vest in such person full title to all funds, puted by the market administrator as termined by the Secretary, the services property, and claims vested in the mar follows: set forth in paragraph (a) of this sec ket administrator or such person pur (a) Compute the percentage that the tion, the market administrator shall suant to this part. butterfat in producer milk remaining in make, in lieu of the deductions specified (b) Upon the suspension or termina each class pursuant to § 974.46 is of the in paragraph (a) of this section, such tion of any or all provisions of this part total butterfat in producer milk so as deductions from the payments to be the market administrator, or such per signed to such classes; made to such producers as may be au son as the Secretary may designate shall, (b) Multiply each such percentage by thorized by the membership agreement if so directed by the Secretary, liquidate the butterfat differential for the respec or marketing contract between such co the business of the market administra tive class pursuant to § 974.52; and operative association and such producers tor’s office and dispose of all funds and (c) Add into one total the values ob and, on or before the 14th day after the property then in his possession or under tained in paragraph (b) of this section qnd of each delivery period, pay over his control, together with claims for any and round off such total to the nearest such deductions to the cooperative funds which are unpaid or owing at the one-tenth cent. v • association rendering such services. time of such Suspension or termination. Any funds collected pursuant to the pro § 974.74 Location differential to pro § 974.78 Overdue accounts. ducers. visions of this part, over and above the Any unpaid obligation of a handler or amounts necessary to meet outstanding In making payment for producer milk of the market administrator pursuant to obligations and the expenses necessarily pursuant to § 974.72, the uniform pjice §§.974.63, 974.71, 974.72, 974.75, 974.76, incurred by the market administrator or for all producer milk received at a pool or 974.77 shall be increased one-half plant located 80 miles or more by the of one percent each month or fraction such person in liquidating and distrib shortest hard-surfaced highway distance thereof, compounded monthly, until uting such funds, shall be distributed to from the Ohio State Capitol in Columbus, such obligation is paid. the contributing handlers and producers as determined by the market adminis in an equitable manner. trator, shall be reduced by the appropri E f fe c t iv e T im e , S u s p e n s io n or M iscellaneous P r o v is io n s ate zone differential provided in § 974.53. T e r m in a t io n § 974.90 Agents. § 974.75 Adjustment of errors. § 974.80 Effective, time. The provisions of this part or any The Secretary may, by designation in Whenever audit by the market ad amendments to this part, shall become ministrator of the payment required to be writing, name any officer or employee of made by a handler pursuant to § 974.63, effective at such time as the Secretary the United States to act as his agent or § 974.71 or § 974.72, discloses payment of may declare and shall continue in force representative in connection with any of less than is required, the handler shall until suspended or terminated, pursuant the provisions of this part. make up such payment not later than to § 974.81. § 974.91 Separability of provisions. the time for making such payments next § 974.81 Suspension or termination. following such disclosure. I f any provision of this part, or its ap The Secretary may suspend or termi plication to any person or circumstances, § 974.76 Expense o f administration. nate this part or any provision of this is held invalid, the application of such As his pro rata share of expense in part whenever he finds that this part provision and of the remaining pro curred in the maintenance and function or any provision of this part obstructs, visions of this part to other persons or ft*,* e °fflce of the market administrator or does not tend to effectuate the de circumstances shall not be affected a u Performance of his duties, clared policy of the Act. This part shall thereby. each handler shall pay to the market terminate, in any event, whenever the administrator on or before the 12th day § 974.92 Termination of obligations. after the end of the month, two cents per provisions of the Act authorizing it cease to be in effect. The provisions of this section shall hundredweight, or such lesser amount as apply to any obligation under this part «fe Secretary from time to time may § 974.82 Continuing power and duty of for the payment of money irrespective of P escribe, with respect to all receipts at the market administrator. n*s Pool plant during the month of pro- when such obligation arose, except an in ^ anc* other source milk received If, upon the suspension or termination obligation involved in an action insti h the form of a fluid milk product. A of any or all provisions of this part, there tuted before August 1, 1949, under sec handler operating a fluid milk plant are any obligations arising under this tion 8c(15) (A ) of the Act or before a J r?” is a nonpool plant shall make ad- part, the final accrual or ascertainment Court. ve assessment payments in of which requires further acts by any (a) The obligation of any handler to accordance with § 974.63. handler, by the market administrator, pay money required to be paid under the 2302 RULES AND REGULATIONS terms of this part shall, except as pro Done at Washington, D.C., this 20th vided in paragraphs (b) and (c) of this Title 9— ANIMALS AND day of March 1959. section, terminate two years after the [ seal] M. R. C larkson, last day of the calendar month during ANIMAL PRODUCTS Acting Administrator, which the market administrator receives Agricultural Research Service. the handler’s utilization report on the Chapter I— Agricultural Research milk involved in such/obligation, unless Service, Department of Agriculture [F.R. Doc. 59-2494; Filed, Mar. 24, 1959; within such two-year period the market 8:49 a.m.] administrator notifies the handler in SUBCHAPTER D— EXPORTATION AND IMPORTA writing that such money is due andpay- TION OF ANIMALS AND ANIMAL PRODUCTS able. Service of such notice shall be PART 94— RINDERPEST, FOOT-AND- Title 12— RANKS AND BANKING complete upon mailing to the handler’s last known address, and it shall contain MOUTH DISEASE, FOWL PEST Chapter II— Federal Reserve System but need not be limited to, the following (FOWL PLAGUE), AND NEWCASTLE SUBCHAPTER A— BOARD OF GOVERNORS OF information: THE FEDERAL RESERVE SYSTEM (1) The amount of the obligation; DISEASE (AVIAN PNEUMOENCEPH (2) The month(s) during which the ALITIS): PROHIBITED AND RE "T. PART 224— DISCOUNT RATES milk, with respect to which the obliga STRICTED IMPORTATIONS Miscellaneous Amendments tion exists, was received or handled; and (3) I f the obligation is payable to one Nonexistence of Rinderpest and Foot- Pursuant to section 14(d) of the Fed or more producers or to an association of and-Mouth Disease in the Channel eral Reserve Act, and for the purpose of producers, the name of such producer (s) adjusting discount rates with a view to or association of producers, or if the Islands accommodating commerce and business obligation is payable to the market ad On February 17, 1959, there was pub in accordance with other related rates ministrator, the account for which it is lished in the F ederal R eg ister (24 F.R. and the general credit situation of the to be paid. 1216) a notice of a proposed determina country, Part 224 is amended as set forth I f a handler fails or refuses, with tion of the nonexistence of rinderpest below: respect to any obligation under this part, and foot-and-mouth disease in the 1. Section 224.2 is amended to read as to make available to the market admin Channel Islands, and of a proposed follows: istrator or his representatives all books amendment of the regulations imposing § 224.2 Advances and discounts for and records required by this part to be prohibitions and restrictions on the im member banks under sections 13 and made available, the market adminis portation of certain animals and animal 13a. trator may, within the two'-year period products on account of such diseases. The rates for all advances and dis provided for in paragraph (a) of this In connection with this notice no ad counts under section 13 and 13a of the section, notify the handler in writing of verse comments were received, and pur Federal Reserve Act (except advances such'failure or refusal. I f the market under the last paragraph of such section administrator so notifies a handler, the suant to the provisions of section 306 of the Tariff Act of 1930, as amended 13 to individuals, partnerships or cor said two-year period with respect to such porations other than member banks) obligation shall not begin to rim until (19 U.S.C. 1306, Pub. Law 85-867), and the first day of the calendar month fol section 2 of the Act of February 2, 1903, are: lowing the month during which all such as amended (21 U.S.C. I l l ) , it has been E ffe c tiv e books and records pertaining to such determined, and the Secretary of the Federal Reserve Bank of R a t e obligation are made available to the mar Treasury has been notified, that rinder ket administrator or his representatives. 3 M a r . 10,1959 pest and foot-and-mouth disease do not 3 M a r . 6,1959 (c) Notwithstanding the provisions of now exist in the Channel Islands, and 3 M a r . 6,1959 paragraphs (a) and (b) of this section, a 3 M a r . 13,1959 the regulations relating to prohibitions 3 M a r . 13,1959 handler’s obligation under this order to 3 M a r , 16,1959 and restrictions upon importations of M a r . 6,1959 pay money shall not be terminated with 3 certain animals and products because of 3 M a r . 13,1959 respect to any transaction involving 3 M a r . 16,1959 fraud or willful concealment of a fact, rinderpest, foot-and-mouth disease, 3 M a r . 13,1959 fowl pest (fowl plague), and Newcastle 3 M a r . 6,1959 material to the obligation, on the part of 3 M a r . 12,1959 the handler against whom the obligation disease (avian pneumoencephalitis), are is sought to be imposed. hereby amended as follows: 2. Section 224.3 is amended to read as (d) Any obligation on the part of the In § 94.1(a) (4) in the exception, in follows: market administrator to pay a handler sert the words “the Channel Islands,” any money which such handler claims after the word “Australia” and before § 224.3 Advances to member banks to be due him under the terms of this the word “Greenland”. under section 1 0 (b ); part shall terminate two years after the This removes the present prohibitions The rates for advances to member end of the calendar month during which under section 306 of The Tariff Act upon banks under section 10(b) of the Federal the milk involved in the claim was re the importation from the Channel Is Reserve Act are: ceived if an underpayment is claimed, or lands into the United States of the ani E ffe c tiv e two years after the end of the calendar mals and meats specified in paragraph Federal Reserve Bank of R $ te
month during which the payment (in (b) of § 94.1, and refiders the commodi M a r . 10,1959 3 H M a r . 6,1959 cluding deduction or set off by the mar ties specified in § 94.2 through § 94.5 of 3 % ket administrator) was made by the said Part 94, as amended, and originat 3 j| M a r . 6,1959 3 Vt M a r. 13,1959 handler if a refund on such payment is ing in the Channel Islands, no longer z y i M a r . 13,1959 3Î4 M a r . 16,1959 claimed, unless such handler, within the subject to the provisions of that part. 3 H M a r . 6,1959 M a r . 13,1?*>9 applicable period of time, files, pursuant The foregoing amendment relieves re 3 H 3 y i M a r . 16,1959 to section 8c(15) (A ) of the Act, a peti strictions and may be made effective less 3 lA M a r. 13, jyoy tion claiming such money. , than 30 days after publication in the 3 A 3Vi Issued at Washington, D.C., this 20th F ederal R egister, under section 4 of the ______Administration Procedure Act (5 U.S.C. day of March 1959, to be effective on and 3. Section 224.4 is amended to read as after the 1st day of April 1959. 1003). The foregoing amendment shall be follows: [ seal] C larence L. M iller , come effective upon issuance. § 224.4 Advances to persons other than Assistant Secretary. member banks. (Sec. 306, 46 Stat. 689, as amended, sec. 2, [F.R. Doc. 59-2491; Filed, Mar. -24, 1959; 32 Stat. 792, as amended; 19 U-S.C. 1306, 21 The rates for advances to individuals, 8:48 a.m.] U.S.C. 111) partnerships or corporations otne Wednesday, March 25, 1959 FEDERAL REGISTER 2303 member banks secured by direct obliga older works, with representing falsely in forth in detail the manner and form in tions of the United States under the last advertising and on the title page that which they have complied with the or paragraph of section 13 of the Federal said “Dictionary” was a new publication, der to cease and desist. that all information therein was com Reserve Act are: Issued: February 10,1959. plete and up-to-date, and that it con
Federal Reserve Bank of Rate - Effective tained all the facts, features, and ma By the Commission. terial of a giant dictionary and a multi- [ s e a l ] R o bert M . P ar r ish volumed encyclopedia set. AM M ar. 10,1959 Secretary. 4 Nov. ' 7,1958 Following acceptance of an agreement 4 Sept. 19,1958 providing for entry of a consent order, [F.R. Doc. 59-2478; Filed, Mar. 24, 1959; 4 Oct. 30,1958 8:46 a.m.] AM M ar. 13,1959 the hearing examiner made his initial AM Oct. 28,1958 decision and order to cease and desist AM Mar. 6,1959 4 Mar. 13,1959 which became on February 10 the de M ar. 16,1959 cision of the Commission. AM M ar. 13,1959 The order to cease and desist is as [Docket 7151] a m Oct. 24,1958 AM M ar. 12,1959 follows: PART 13— DIGEST OF CEASE AND I t is ordered, That respondent H. S. DESIST ORDERS § 224.5 [Amendment] Stuttman Co., a corporation, and its Puget Sound Brokerage Co. 4. Section 224.5 relating to rates on officers, and respondent Harry S. Stutt advances to industrial and commercial man, individually and as an officer of Subpart— Discriminating in price un business (including loans made in par said corporation, and respondents’ repre der section 2, Clayton Act, as amended-— ticipation with financial institutions) sentatives, agents and employees, di Payment or acceptance of commission, under section 13b of the Federal Reserve rectly or through any corporate or other brokerage, or other compensation under Act, is amended so as to change the per device, in connection with the offering for 2 (c ): § 13.817 Cutting brokerage fees; centage rate on loans for the Federal sale, sale or distribution in commerce, § 13.821 Freight rebates;1 § 13.822 Low Reserve Bank of Atlanta from 3*4-5% to as “commerce” is defined in the Federal ered price to buyers. Trade Commission Act of Webster’s Uni- 4-6, and on commitments from 1-1% to (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 1-1*4, effective March 16, 1959. fied Dictionary and Encyclopedia, or any or apply sec. 2, 38 Stat. 730, as amended; 15 other book or publication of the same For the reasons and good cause found U.S.C. 13) [Cease and desist order, Helen general character whether sold under the E. Hinde et al. trading as Puget Sound as stated in § 224.7, there is no notice, same or any other title, do forthwith Brokerage Co., Seattle, Wash., Docket 7151, public participation, or deferred effective cease and desist from: February 17, 1959] date in connection with this action. 1. Representing, directly or by impli In the M atter of Helen E. Hinde, and (Sec. 11(1), 38 Stat. 262; 12 U.S.C. 248(1). cation, that Webster’s Unified Dictionary Elizabeth B. Swenson, Individually and Interpret or apply sec. 1 4 (d ), 38 Stat. 264, as and Encyclopedia is a new publication, amended; 12 U.S.C. 357) as Copartners Trading as Puget Sound provided that this shall not be construed Brokerage Co. B oard o f G o verno rs o f t h e to forbid respondents from representing F ederal R eserve S y s t e m , that the manner of presentation of the This proceeding was heard by a hear [ seal] M er r itt S h e r m a n , information in such book is new. ing examiner on the complaint of the Secretary. 2. Representing, directly or by impli Commission charging primary brokers of cation, that the information in Webster’s sea food products in Seattle, Wash., with [F.R. Doc. 59-2477; Filed, Mar. 24, 1959; violating the brokerage section of the 8:46 a.m.] Unified Dictionary and Encyclopedia is complete or up-to-date. Clayton Act (Sec. 2 (c )), by granting to 3. Representing, directly or by impli certain buyers of canned salmon, deduc cation that Webster’s Unified Dictionary, tions from price by way of allowances Title 16— COMMERCIAL and Encyclopedia contains all of the -or rebates, a part or all of which was not facts, features and materials of a giant charged back to their packer-principals, PRACTICES dictionary and a multi-volumed encyclo in such transactions as invoicing buyers, pedia set. including buying agents of food chains, Chapter I— Federal Trade Commission 4. Offering for sale, selling or distrib at a lower price per case than they ac [Docket 7244] , — * uting books or other publications con counted for to the packer-principals and sisting wholly or substantially of re absorbing the difference out of their PART 13— DIGEST OF CEASE AND prints of previously published books or brokerage; granting a 100 a case pro DESIST ORDERS other publications, unless : motional allowance to the purchaser in the fonh of a freight rebate; and taking H: S. Stuttman Co. et al. (a) The fact that they are reprints or contain reprinted material and the 3% brokerage instead of 5% on sales Subpart—Advertising falsely or mis titles of the previously published books involving price concessions to certain leadingly: § 13.20 Comparative data or or other publications is clearly disclosed buyers. merits; § 13.140 Old, reclaimed, or reused on the title page in immediate conjunc Following a hearing at which respond us new. Subpart—Neglecting, unfairly tion with the title or in another position ents declined to present evidence, the or deceptively, to make material dis adapted readily to attract the attention hearing examiner made his initial deci closure: § 13.1880 Old, used, reclaimed, of a prospective purchaser; and sion including findings, conclusions, and or reused as unused or new. (b) The fact that they are reprints order to cease and desist, which became or contain reprinted material is clearly on February 17 the decision of the Com (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret" mission. tj J sec* 5» 38 Stat. 719, as amended; 15 disclosed in all advertising. [Cease and desist order, H. S. I t is further ordered, That the com The order to cease ^ind desist is as Co- et al-> New York, N.Y., Docket plaint herein be dismissed as to respond follows: ^244, Feb. 10, 1959] ents Burton Stuttman and Martin Stutt I t is ordered, That Respondents Helen man. I n *he Matter of H. S. Stuttman Co., a E. Hinde and Elizabeth B. Swenson, in 'j'OJ'Poratwn, and Harry S. Stuttman, By “Decision of the Commission”, etc., dividually and as copartners trading as Z7rton Stuttman, and Martin Stutt- report o f " compliance was required as Puget Sound Brokerage Co., and their individually and as Officers of follows: agents, representatives and employees, S(Ud Corporation directly or through any corporate, part I t is ordered, That the respondents nership, or other device, or trading under in ? !ï Proceeding was heard by a hear- H. S. Stuttman Co., a corporation, and any other name, in connection with the Co^Xammer on the complaint of the Harry S. Stuttman, individually and as sale of seafood products in commerce, as se^K^f0n+l.charging New York City an officer of the corporate respondent, “ commerce” is defined in the Clayton UnifiL ° * the one-volume “ Webster’s shall, within sixty (60) days after serv Act, do forthwith cease and desist from: which Dlcttonary and Encyclopedia” ice upon them of this order, file with the drew its basic material from two Commission a report in writing setting 1New. 2304 RULES AND REGULATIONS
Paying, granting, or passing on, either and employees, directly or through any directly or indirectly, to any buyer, or to corporate or other device, in connection Title 21— FOOD AND DRUGS anyone acting for or in behalf of, or who with the sale for replacement purposes Chapter I— Food and Drug Adminis is subject to the direct or indirect control of automotive replacement parts in com of such buyer, brokerage earned or re merce, as “commerce” is defined in the tration, Department of Health, Edu ceived by Respondents on sales made for Clayton Act, do forthwith cease and cation, and Welfare their packer-principals, by allowing to desist from discriminating in the price SUBCHAPTER B— FOOD AND FOOD PRODUCTS buyers lower prices which reflect »all or of such products of like grade and any part of such brokerage, or by grant quality : By selling said replacement parts PART 2 7 — CANNED FRUITS AND ing them allowances or rebates in lieu to any manufacturer of automotive ve CANNED FRUIT JUICES; DEFINI of such brokerage, or by any other hicles or any other original equipment TIONS AND STANDARDS OF IDEN- methods or means. manufactured at net prices which are TITY; QUALITY; AND FILL OF By “Decision of the Commission” , etc., lower than the net prices paid by any CONTAINER report of compliance was required as other direct or indirect purchaser who, in follows: fact, competes with said manufacturer in Artificially Sweetened Canned Fruits; the resale and distribution of such re Order Establishing Identity Stand * I t is further ordered, That the re placement parts: Provided, however, ards spondents, Helen E. Hinde and Elizabeth That nothing herein shall prohibit .the B. Swenson, shall, within sixty (60) days respondent from showing as a defense in In the matter of amending the defini after service upon them of this order, file any proceeding instituted for enforce tions and standards of identity for cer with the Commission a report, in writing, ment of this order that its differing tain canned fruits to provide for the use setting forth in detail the manner and prices make only due allowance for dif o f artificial sweeteners and adopting form in which they have complied with ferences in the cost of manufacture, sale definitions and standards of identity for the order to cease and desist contained or delivery resulting from the differing certain artificially sweetened canned in the aforesaid initial decision. methods or quantities in which such fruits: Issued: February 17,1959. products are sold or delivered. A notice of proposed rule making was published in the F ederal R egister of By the Commission^ By Final Order” , report of compliance May 28, 1957 (22 F.R. 3733), setting was required as follows: [ s e a l ] R o bert. M . P a r r ish , forth proposals of the National Can- Secretary. } I t is further ordered, That the re ners Association, 1133 20th Street NW., spondent shall, within sixty (60) days Washington, D.C., to amend the defini [F.R. Doc. 59-2479;. Filed, Mar. 24, 1959; after service upon it of this order, file tions and standards of identity for 8:46 a.m.] with the Commission a report, in writing, canned peaches, apricots, pears, cherries, setting forth in detail the manner and fruit cocktail, and figs—to provide for form in which it has complied with the the use of artificially sweetened packing [Docket 5872] order to cease and desist.. media. This notice also set forth the I t is further ordered, That the initial proposal made by the Commissioner of PART 13— DIGEST OF CEASE AND decision, as modified herein,; be, and it Food and Drugs on his own initiative DESIST ORDERS hereby is, adopted as the decision of the that definitions and standards of identity Commission. be established for the following canned Thompson Products, Inc. fruits: Artificially sweetened peaches, Issued: February 19,1959. Subpart— Discriminating in price artificially sweetened apricots, artificially under section 2, Clayton Act, as By the Commission. sweetened pears, artificially sweetened amended— Price discrimination under cherries, artificially sweetened fruit cock [ s e a l ] R obert M . P a r r ish , tail, and artificially sweetened figs. This 2 (a ): § 13.715 Charges and price differ Secretary. entials. notice invited all interested persons to [F.R. Doc. 59-2480; Filed, Mar. 24, 1959; submit views and. comments on both (Sec. 6, 38 Stàt. 721; 15 U.S.C. 46. interprets 8:46 a.m.] proposals. or applies sec. 2, 38 Stjit. 730, as amended; Several comments were concerned with 15 U.S.C. 13) [Cease and desist order, Thompson Products, Inc., Cleveland, Ohio., making sure that artificially sweetened Docket 5872, February 19, 1959] canned^ fruits would bear labeling in Title 19— CUSTOMS DUTIES compliance with those regulations pro This proceeding was heard by a hear mulgated pursuant to section 403(j) of ing examiner on the complaint of the Chapter I— Bureau of Customs, the Federal Food, Drug, and Cosmetic Commission charging a manufacturer Department of the Treasury Act which prescribe label statements for in Cleveland, Ohio, with violating sec [T.D. 54811] foods purporting to be or represented for tion 2(a) of the Clayton Act by selling special dietary use. It is unnecessary to its automotive products and supplies at PART 9— IMPORTATIONS BY MAIL include a provision in each standard of higher and less favorable prices to nu identity calling attention to the necessity merous small businessmen than to vari Cigars for labeling artificially sweetened canned ous larger purchasers competing with fruit in compliance with the require them and with purchasers from its com To remove a procedural provision now ments of the regulations under section petitors. superseded, relating to the duties and 403(j) because, as pointed out by the On the record made in the usual ad taxes due on a mail entry and collected general regulation in 21 CFR 10.1, noth versary proceedings, the hearing exam by the postal service, § 9.8(a) (3) of the ing in à food standard may be construed iner made his initial decision including regulations, effective February 1, 1959, as affecting the conclurent applicability findings as to the facts, conclusions is amended by inserting a period after aF fVio Aonovo 1 tM'ÀTTTcinns nf thfi £LCt/ &ÛU drawn therefrom, and order to cease the regulations thereunder. and desist, from which respondent ap “importer” in the last sentence, and by deleting the remainder of the sentence. Upon consideration of the views ana pealed. After hearing the matter, the comments submitted and other relevant Commission denied the appeal, modified (R.S. 161, 251, sec. 624, 46 Stat. 759; 5 U.S.C. information, it is concluded that to pro the language in the examiners order for 22,19 U.S.C. 66, 1624) mote honesty and fair dealing in the in clarity, and on February 19 adopted the [ s e a l ] R a l p h K e l l y , terest of consumers the standards for tne initial decision. as thus modified as the Commissioner of Customs. named canned fruits should not b decision of the Commission. amended to provide for the use of arti Approved: March 17, 1959. The order to cease and desist, as thus ficially sweetened packing media bu modified, is as follows: A. G il m o r e F l u e s , that, instead, definitions and standaras I t is ordered, That the respondent Acting Secretary of the Treasury. of identity for artificially sweetenea Thompson Products, Inc., a corporation, [F.R. Doc. 59-2501; Filed, Mar. 24, 1959; canned fruits should be adopted as here- and its officers, representatives* agents 8:50 a.m.] inafter set forth. Wednesday, March 25, Ì959 FEDERAL REGISTER 2305
Now, therefore, pursuant to the au charin, sodium saccharin, calcium cycla lieu of a packing medium specified in thority vested in the Secretary of Health, mate, sodium cyclamate, or any combi § 27.70(c), the packing medium used is Education, and Welfare by the Federal nation of two or more of these. Such water artificially sweetened with sac Food, Drug, and Cosmetic Act (secs. 401, packing medium may be thickened with charin, sodium saccharin, calcium cycla 701, 52 Stat. 1046, 1055, as amended 70 pectin. mate, sodium cyclamate, or any combi Stat. 919, 62 Stat. 991; 21 U.S.C. 341, (b) (1) The specified name of the food nation of two or more of these. Such 371) and delegated to the Commissioner is “artificially sweetened ______the packing medium may be thickened with of Food and Drugs by the Secretary (23 blank being filled in with the name pre pectin. F.R. 9500): It is ordered, That the fol scribed by § 27.20 for canned pears hav (b )(1 ) The specified name of the food lowing definitions and - standards of ing the same optional pear ingredient. is “artificially sweetened______,” the identity be established: (2) The artificially sweetened food is the blank being filled in with the name §27.5 Artificially sweetened canned subject to the requirements for label prescribed by* § 27.70 for canned figs hav peaches; identity; label statement o f statement of optional ingredients used, ing the same optional fig ingredient. optional ingredients. as prescribed for canned pears by § 27.20. (2) The artificially sweetened food is If the packing medium is thickened with subject to the requirements for label (a) Artificially sweetened canned pectin, the label shall bear the statement statement of optional ingredients used, peaches is the food which conforms to “ thickened with pectin.” , as prescribed for canned figs by § 27.70. the definition and standard of identity I f the packing medium is thickened with prescribed for canned peaches by § 27.1, § 27.34 Artificially sweetened canned pectin, the label shall bear the statement except that in lieu of a packing medium cherries; identity; label statement o f “ thickened with pectin.” specified in § 27.1(c), the packing me optional ingredients. dium used is water artificially sweetened (a) Artificially sweetened canned cher Any person who will be adversely af with saccharin, sodium saccharin, cal ries is the food which conforms to the fected by the foregoing order may at any cium cyclamate, sodiurn cyclamate, or definition and standard of identity pre time prior to the thirtieth day from the any combination of two or more of these. scribed for canned cherries by § 27.30, date of its publication in the F ederal Such packing medium may be thick except that in lieu of a packing medium R egister file with the Hearing Clerk, De ened with pectin. specified in § 27.30(c), the packing me partment of Health, Education, and Wel (b) (1) The specified name of the food dium used is water artificially sweetened fare, Room 5440, 330 Independence is “artificially sweetened _____ ,” the with saccharin, sodium saccharin, cal Avenue SW., Washington 25, D.C,*. writ blank being filled in with the name pre cium cyclamate, sodium cyclamate, or ten- objections thereto. Objections shall scribed by § 27.1 for canned peaches any combination of two or more of these. show wherein the person filing will be having the same optional peach in Such packing medium may be thickened adversely affected by the order, shall gredient. with pectin. specify with particularity the provisions (2) The artificially sweetened food is (b) (1) The specified name of the food of the order deemed objectionable, the subject to the requirements for label is “artificially sweetened______,” the grounds for the objections, and shall re statement of optional ingredients used, blank being filled in with the name pre quest a public hearing. Objections may as prescribed for canned peaches by scribed by § 27.30 for canned cherries be accompanied by a memorandum or § 27.1. If the packing medium is thick having the same optional cherry in brief in support thereof. All documents ened with pectin, the label shall bear gredient. shall be filed in quintuplicate. the statement “thickened with pectin.” (2) The artificially sweetened food is Effective date. This order shall be § 27.14 Artificially sweetened canned subject to the requirements for label come effective 90 days from the date of statement of optional ingredients used, apricots; identity; label statement o f its publication in the F ederal R e g ister , optional ingredients. as prescribed for canned cherries by except as to any provisions that may be § 27.30. If the packing medium is thick (a) Artificially sweetened canned apri stayed by the filing of objections thereto. ened with pectin, the label shall bear the Notice of the filing of objections, or lack cots is the food which conforms to the statement “ thickened with pectin.” ■definition and standard of identity pre thereof, will be announced by publica scribed for canned apricots by § 27.10, § 27.43 Artificially sweetened canned tion in the F ederal R eg ist e r . except that in lieu of a packing medium fruit cocktail; identity; label state (Sec. 701, 52 Stat. 1055, as amended; 21 specified in § 27.10(c), the packing me ment of optional ingredients. U.S.C. 371. Interprets or applies sec. 401, 52 dium used is water artificially sweetened (a) Artificially sweetened canned fruit Stat. 1046, as amended; 21 U.S.C. 341) with saccharin, sodium saccharin, cal cocktail is the food which conforms to Dated: March 19, 1959. cium cyclamate, sodium cyclamate, or the definition and standard of identity any combination of two or more of these. prescribed for canned fruit cocktail by [ s e a l ! J o h n L. H a r v e y , Such packing medium may be thickened § 27.40, except that in lieu of a packing Deputy Commissioner with pectin. medium specified in § 27.40(c), the pack of Food and Drugs. • ^ .The specified name of the food ing medium used is water artificially [FJt. Doc. 59—2502; Filed, Mar. 24, 1959; is artificially sweetened______the sweetened with- saccharin, sodium sac 8:50 a.m.] blank being filled in with the name pre charin, calcium cyclamate, sodium cycla scribed by § 27.10 for canned apricots mate, or any combination of two or more having the same optional apricot in of these. Such packing medium may be gredient. thickened with pectin. Title 36— PARKS, FORESTS, si ^rtficially sweetened food is (b) (1) The specified name of the food subject to the requirements for label is “ artificially sweetened fruit cocktail.” AND MEMORIALS tatement of optional ingredients used, (2) Artificially sweetened fruit cock Chapter II— Forest Service, Depart ^or canned apricots by tail is subject to the requirements for ment of Agriculture the Packing medium is thick- label statement of optional ingredients ¡rf® Pectin, the label shall bear used, as prescribed for canned fruit cock PART 221— TIMBER - e statement “ thickened with pectin.” tail by § 27.40. If the packing medium is Miscellaneous Amendments § 27.24 Artificially sweetened canned thickened with pectin, the label shall pears; identity; label statement o f bear the statement “thickened with By virtue of the authority vested in the optional ingredients. pectin.” Secretary of Agriculture, Regulations § 27.73 Artificially sweetened canned S-3, S-6 and S-8 of the rules and regu is tv? Artificially sweetened canned pears lations governing the occupancy, use, timf6 which conforms to the defini- figs; identity; label statement o f and standard of identity prescribed optional ingredients. protection and administration of the national forests, which constitute jor canned pears by § 27.20, except that (a) Artificially sweetened canned figs §§ 221.3, 221.6 and 221.8, Part 221, Chap . a Packing medium specified in is the food which conforms to the defini ter n, Title 36, Code of Federal Regula •20(c), the packing medium used is tion and standard of identity prescribed tions, are hereby amended, effective upon r artificially sweetened with, sac- for canned figs by § 27.70, except that in publication in the F ederal R e g ister . No. 58------a 2306 RULES AND REGULATIONS
§ 221.3 [Amendment] (7) The right to reject any and all 1. In paragraph (c) of § 221.3 strike bids. Title 47— TELECOMMUNICATION out the words “ the Territory of.” (44 Stat. 242, 16 U.S.C. 616; sec. 1, 30 Stat. 35, Chapter I— Federal Communications 2. Section 221.6 is amended to read as as amended, 16 U.S.C. 476, 551. Interpret or Commission follows: apply sec. 8 (c ), 72 Stat. 339, 344; sec. 1, 30 Stat. 35, as amended, sec. 1, 33 Stat. 628; PART 2— FREQUENCY ALLOCATIONS sec. 15, 72 Stat. 384, 395; 16 U.S.C. 476, 472) § 221.6 Authorization to make sales. AND RADIO TREATY MATTERS; (a) The Chief, Forest Service, is Done in Washington, D.C., this 20th GENERAL RULES AND REGULA authorized to make timber sales for any day of March 1959. amount on any national forest, subject TIONS [ s e a l ] E. L . P e t e r s o n , to the maximum cut fixed in accordance Assistant Secretary of Agriculture. Type Acceptance with established policies for management of the national forests. He may dele [F.R. Doc. 59-2516; Filed, Mar. 24, 1959; The Commission having under con gate, and provide for the redelegation of 8:52 a.m.] sideration the desirability of making a this authority, to subordinates for certain editorial change in § 2.520 of its amounts not exceeding, in any one sale, rules and regulations; and 50 million feet board measure, or the It appearing that submission of type equivalent thereof. Chapter III-—Corps of Engineers, acceptance requests in duplicate will now provide sufficient copies for use by the (b) The Chief, Forest Service, after ap Department of the Army proval of conditions of sale, may author Commission and ize Regional Foresters formally to ex PART 311— PUBLIC USE OF CERTAIN It further appearing, that the amend ment adopted herein is editorial in ecute timber sale contracts and related RESERVOIR AREAS papers in sales exceeding- the volume nature and, therefore, prior publication which the Regional Forester has been Miscellaneous Amendments of Notice of Proposed Rule Making under authorized to sell. the provisions of section 4 of the Admin The Secretary of the Army having istrative Procedure Act is unnecessary 3. Section 221.8 is amended to read determined that the use of Dexter Res and the amendment may become effec as follows: ervoir Area, Middle Fork Willamette tive immediately; and § 221.8 Advertisements and bids. River, Oregon, and Lookout Point Res It further appearing that the amend ervoir Area, Middle Fork Willamette ments adopted herein are issued pur (a) Except as otherwise provided, suant to authority contained in sections each sale in which the appraised value River, Oregon, by the general public for boating, swimming, bathing, fishing and 4(i) and 303 (r) of the Communications of the timber or other forest products Act of 1934, as amended, and section exceeds $2,000 will be made only after other recreational purposes will not be contrary to the public interest and will 0341(a) of the Commission’s Statement advertisement for a period of 30 days of Organization, Delegations of Author or, if in the opinion of the officer au not be inconsistent with the operation and maintenance of the reservoirs for ity and Other Information : thorizing the sale* the quantity, value I t is ordered, This 19th day of March or other conditions justify, a longer pe their primary purposes, hereby pre scribes rules and regulations for their 1959, that, effective April 1, 1959, § 2.520 riod; and any sale of smaller appraised is amended as set forth below. value will be advertised or informal bids public use, pursuant to the provisions (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. solicited from possible purchasers if, in of section 209 of the Flood Control Act of 1954 (68 Stat. 1266); and revokes 154. Interprets or applies sec. 303, 48 Stat. the judgment of the officer authorizing 1082, as amended; 47 U.S.C. 303) the sale, such action is deemed ad regulations prohibiting houseboats on visable. Garrison Reservoir Area, Missouri River, Released: March 19,1959. North Dakota, as follows: (b) I f requested by Small Business F ederal C ommunications Administration, in accordance with the 1. Add new paragraphs (ttt) and (uuu) to § 311.1: C o m m is s io n , Act of July 18, 1958 (72 Stat. 384), the [ s e a l ] M a r y Ja n e M orris, advertisement may state that an offer § 311.X Areas covered. * Secretary. ing of timber or other forest products ' * * * * * is set aside for competitive bidding by Part 2 of the Commission’s rules and small-business concerns. When an ad (ttt) Dexter Reservoir Area, Middle regulations is amended as follows: Amend § 2.520(b), by deleting the word vertisement provides „for a set aside it Fork Willamette River, Oregon. “ triplicate” in the second sentence and will state whether bids from others will (uuu) Lookout Point Reservoir Area, substituting therefor the word “dupli be considered if no valid bid is received Middle Fork Willamette River, Oregon. cate.” As amended, paragraph (b) will from a small-business concern. 2. In § 311.4(a), revoke subparagraph (c) The advertisement will include: (33) and add new subparagraphs (48) read as follows:' (1) The location and estimated quan and (49), as follows: (b) A separate request for type ac- tities of timber or other forest products :eptance shall be submitted for each dif- § 311.4 Houseboats. offered for sale. 'erent type of equipment. Each request (2) The minimum acceptable stump- (a) * * * ¡hall be in duplicate, signed by the appli- age or other Unit prices. (33) [Revoked] :ant or by a duly authorized representa- ♦ * * * * ' (3) The amount or rate of any re ;ive who shall certify that the applica- quired additional payments. (48) Dexter Reservoir Area, Middle ;ion was prepared by him or at his Fork Willamette River, Oregon. iirection and that to the best of lus (4) The place where complete infor mowledge and belief the facts set forth mation on the offering may be obtained. (49) Lookout Point Reservoir Area, Middle Fork Willamette River, Oregon. n the application and, accompanying (5) The time and place at which (i) ¡echnical data are true and correct. The sealed bids will be opened publicly or [Regs., Mar. 5, 1959, ENGWOJ (Sec. 209, 68 Stat. 1266; 16 UJ3.C. 460d) .; echnical test data required to be suo- (ii) opportunity to make oral or written nitted shall be certified by the engineer bids will be given by auction. [ s e a l ] R. V. L e e , vho performed or supervised the tests (6) The amount of deposit which each Major General, U.S. Army, yho shall attach a brief statement of his bidder must make, or which must be The Adjutant General. [ualifications. made promptly by the successful bidder [F.R. Doc. 59-2474; Filed, Mar. 24, 1959; F.R. Doc. 59-2504; Filed, Mar. 24, 1959, in an oral auction. 8:45 a m .] 8:51 a.m.] "Wednesday, M a rch 25, 1959 FEDERAI REGISTER 2307
PROPOSED RULE MAKING
during the months of April, May, and nois and Missouri portions of the St. DEPARTMENT OF AGRICULTURE June and highest in September, October, Louis milkshed have announced pre and November. Therefore, increasing miums of from 40 to 45 cents per hun Agricultural Marketing Service the rate of supply-demand adjustment dredweight to shippers who are equipped in the spring months and reducing it in with mechanical refrigeration and who t 7 CFR Part 903 1 * the fall months will serve further to les deliver more than a specified quantity of [Docket No. AO-1Ö-A23] sen the extent of Class I price disparities milk per day. Returns to manufacturing which have existed between the St. Louis grade producers who can qualify for MILK IN ST. LOUIS, MO., MARKETING market and the more abundantly sup these premiums compare favorably dur AREA plied markets to the north. ing the flush months with returns to Six supply plants, for the St. Louis Grade A shippers in the distant zones. Decision With Respect to Proposed market are located in southwest Mis Th^s tends to discourage'any increase in Amendments to Tentative Market souri. These plants draw milk from the Grade A production for the St. Louis ing Agreement and Order same territory as the Ozarks market and market. account for nearly'a third of the total The Chicago and Iowa markets con Pursuant to the provisions of the Agri stitute the principal sources of supple cultural Marketing Agreement Act of St. Louis supply, . In recognition of this competitive situation, the Ozarks Class mentary milk for the lst. Louis market. 1937, as amended (7 U.S.C. 601 et seq.), Because of the availability of substantial and the applicable rules of practice and I price is fixed at 27 cents less than the St. Louis Class I price in all months of quantities of milk from these northern procedure, as amended,, governing the markets, it is important that the St. formulation of marketing agreements the year except April, May, and June. This price difference represents, the Louis Class I price be in reasonable align and marketing orders (7 CFR Part 900)7 ment with Class I prices in the Chicago a public hearing was held at St. Louis, amount of tfie St, Louis location adjust ment computed to the center of the com market and in those Iowa markets (Ce Missouri, on March 10, 1959, pursuant dar Rapids-Iowa City, Des Moines, Du to notice thereof issued on March 3,1959 petitive area. In April, May, and June the Ozarks Class I price is fixed at 63 buque, North Central Iowa, and Quad (24 F.R. 1685). Cities) where the Class I price is directly The material issues on the record of cents over the basic formula price while the St. Louis Class I price is set at 70 related to the Chicago Class I price. the hearing related to: The independent supply-demand ad 1. The general level and seasonality of cents over the same basic formula price, plus or minus the supply-demand adjust justments in the Chicago and St. Louis the Class I price and the relationship be Class I prices provide at least a partial tween the St. Louis ClassT price and the ment. . In April, May, and June 1958 the St. intermarket pricing device. In the Chi Class I price set under the Ozarks milk cago market the adjustment has oper marketing order; and Louis supply-demand adjustment added 11, 12, and 11 cents, respectively, to the ated to provide the maximum, 24-cent 2. The need for emergency action by reduction in recent months. St. Louis, the Secretary with respect to Issue No. 1. Class I price. Although the resulting Class I prices in each of these three on the other hand, has been short and No briefs were filed by interested the adjustment has added to the Class I parties. months for the Ozarks and St. Louis markets differed by Toss than the 27 cents price. I f the St. Louis price rises to the The follow Findings and conclusions. provided in other ipohths, wider varia point where supplies are attracted from ing findings and conclusions on the mate tions in seasonal supply in the Ozarks the northern markets, the respective rial issues are based on evidence pre market resulted in Ozarks order blend supply-dfemand adjustments will act to sented at the hearing and the record readjust the price differences and thus thereof: priées in these months which were lower than St. Louis blend prices by 34, 38, and maintain reasonable alignment over a 1. Class I price. The rate of supply- 33 cents, respectively, in April, May, and period of time with these important al demand adjustment per point of indi June. ternative sources of supply. cated undersupply or oversupply should Current prospects are that production The purpose of this emergency action be changed to 2 cents for the months of and Class I sales in the St. Louis market is to provide immediate, temporary relief April, May, and June, 1959, and for the during April, May, and June 1959 will to the spring supply problem which is months of September, October, and No be approximately the same as a year ago. expected in the St. Louis market. The vember 1959. In April 1959 the indicated undersupply amendment has not been designed to The supply-demand adjustment in the of 11 points is identical to the undersup alter the annual average Class I price as order serves to raise the Class I price ply which prevailed for April 1958. the changes in the supply-demand ad whenever supplies are below normal in However, Class I utilization in the Ozarks justment rate are completely offsetting, relation to Class I sales and to lower the market is likely to be substantially above although their effect on the Class I price price when excessive supplies are indi that of a year ago because of increased will depend upon the supply-demand cated. Under the present order, the rate sales and decreased supplies, improving ratio for the months involved. of price adjustment is 1 cent per point the blend price for such market. The The proponents did not offer evidence during the flush production months of expectation of increased sales is based on permanent changes in the level of the April, May, and June; 3 cents in the low largely upon contracts for military bases St. Louis Class I price. They indicated Production months of September, Octo which have been awarded to Ozarks han that more time would be required for a ber, and November; and 2 cents in all dlers for the period January through complete analysis of the problem and other months. June 1959. A decrease in supply is ex that they contemplated requesting an The offsetting changes in the rate of pected largely on the basis of shifts of other hearing in the near future to con the supply-demand adjustment will tend Ozarks producers to markets to the south sider long-term changes in the Class I to improve the seasonal alignment of the and west. price. tv, Ij0u^s Price in relation to prices in This prospect makes it imperative to 2. Emergency action,. The due and other markets. Increasing the rate in increase the St. Louis supply-demand timely execution of the function of the April, May, and June will raise the Class adjustment rate in such months this Secretary under the act imperatively and i and blend prices relative to those in the year. Increasing the rate to 2 cents per unavoidably requires the omission of a ozarks market in Southwest Missouri point in this manner will minimize any recommended decision by the Deputy the respective milksheds overlap. Administrator, Agricultural Marketing tendency for producers to shift from the The milksheds for the Chicago and Service, and the opportunity for excep various Iowa markets constitute the most St. Louis market to the Ozarks market. tions thereto, on the above issue. avauabU; sources of supplemental and al- The higher Class I price also will help The conditions complained of are such rnative supplies for St. Louis. Under to maintain and attract Grade A ship that it is urgent that remedial action be present conditions the St. Louis Class I pers for the St. Louis market in compe taken as soon as possible. It is therefore nnCe ^ *owest In relation to Class I tition with manufacturing milk outlets. found that good cause exists for omission pnces in the Chicago and Iówa markets Manufacturing plants in both the Illi of the recommended decision in order to 2308 PROPOSED RULE MAKING
inform interested parties of the conclu ing whether the issuance of the attached tive date hereof, the handling of miiir sions reached. Uncertainty on the part order amending the order, regulating the in the St. Louis, Missouri, marketing area of interested partie's might lead to insta handling of milk in the St. Louis, Mis shall be in conformity to and in com bility in the market. Knowledge of the souri marketing area, is approved or pliance with the terms and conditions of action decided upon by the Secretary will favored by producers, as defined under the aforesaid order, as hereby amended, permit those affected to adjust their op the terms of the order, as hereby pro and the aforesaid order is hereby erations promptly in accordance with posed to be amended, and who, during amended as follows; such decision. such representative period, were engaged Delay beyond April 1, 1959, will defeat in the production of milk for sale within § 903.51 [Amendment] the purpose of the amendment. Ac the aforesaid marketing area. In § 903.51(a) (2) delete the proviso cordingly, the time necessarily involved and substitute therefor the following: Issued at Washington, D.C., this 20th in the preparation, filing, and publica That for the months of April, day of March, 1959, “Provided, tion of a recommended decision, and ex May, June, September, October, and No ceptions thereof, would make such relief [ s e a l ] C lar en c e L. M il l e r , vember 1959 such rate shall be two substantially ineffective and therefore Assistant Secretary. cents.” should be eliminated in this instance. Order1 Amending the Order Regulating The notice of hearing stated that con [PJt. Doc. 59-2493; Filed, Mar. 24, 1959; the Handling of M ilk in the St. Louis, 8:49 a.m.] sideration would bfe given to the question Missouri, Marketing Area of whether economic and marketing conditions require emergency action with § 903.0 Findings and determinations. respect to any or all amendments deemed The findihgs and determinations here 17 CFR Part 9301 necessary as a result of the hearing. inafter set forth are supplementary and Action under the procedure described in addition to the findings and determi [Docket No. AO-72-A22] above was requested by proponents at nations previously made in^connection the hearing. MILK IN TOLEDO, OHIO, MARKETING with the issuance of the aforesaid order AREA General findings, (a) The tentative and of the previously issued amendments marketing agreement and the order as thereto; and all of said previous findings Decision With Respect to Proposed hereby proposed to be amended, and all and determinations are hereby ratified of the terms and conditions thereof, will Amendments to Tentative Market and affirmed, except insofar as such find ing Agreement and Order tend to effectuate the declared policy of ings and determinations may be in con the Act; flict with the findings and determinations Pursuant to the provisions of the (b) The parity prices of milk, as de set forth herein. Agricultural Marketing Agreement Act termined pursuant to section 2 of the Act, (a) Findings upon the basis of the of 1937, as amended (7 U.S.C. 601 et seq.), are not reasonable in view of the prices hearing record. Pursuant to the provi and the applicable rules of practice and of feeds, available supplies of feeds, and sions of the Agricultural Marketing procedure governing the formulation of other economic conditions which affect Agreement Act of 1937, as amended (7 marketing agreements and marketing market supply and demand for milk in U.S.C. 601 et seq.), and the applicable orders (7 CFR, Part 900), a public hear the marketing area, and the minimum rules of practice and procedure govern ing was held at Toledo, Ohio, on No prices specified in thç proposed market ing the formulation of marketing agree vember 24-25, 1958, pursuant to notice ing agreement and the order, as hereby ments and marketing orders (7 CFR Part thereof issued on November 17, 1958 (23 proposed to be amended, are such prices 900), a public hearing was held upon cer F.R. 9032). as will reflect the aforesaid factors, in tain proposed amendments to the tenta Upon the basis of the evidence intro sure a sufficient quantity of pure and tive marketing agreement and to tije duced at the hearing and the record wholesome milk, and be in the public order regulating the handling of milk in thereof, the Deputy Administrator, Agri interest; and the St. Louis, Missouri, marketing area. cultural Marketing Service, on March 6, (c) The tentative marketing agree Upon the basis of the evidence intro 1959 (24 F.R. 1753) filed with the Hear ment and the order, as hereby proposed duced at such hearing and the record ing Clerk, United States Department of to be amended, will regulate the han thereof, it is found/that: Agriculture, his recommended decision dling of milk in the same manner as, (1) The said order as hereby amended, containing notice of the opportunity to and will be applicable,only to persons in and all of the terms and conditions file written exceptions thereto. the respective classes of industrial and thereof, will tend to effectuate the de Preliminary statement. The hearing commercial activity specified in, a mar clared policy of the Act; on the record of which the proposed keting agreement upon which a hearing (2) The parity prices of milk, as de amendments, as hereinafter set forth, to has been held. termined pursuant to section 2 of the Act, the tentative marketing agreement and Marketing agreement and order are not reasonable fin view of the price to the order were formulated, was con amending the order, as amended. An of feeds, available supplies of feeds, and ducted at Toledo, Ohio, on November 24- nexed hereto and made a part hereof are other economic conditions which affect 25, 1958, pursuant to the notice thereof two documents entitled, respectively, market supply and demand for milk in which was issued November 17, 1958 (23 “Marketing agreement regulating the the said marketing area, and the mini F.R. 9032). handling of milk in the St. Louis, Mis mum prices specified in the order as The material issues on the record of souri, Marketing Area” and “ Order hereby amended are such prices as will the hearing relate to: amending the order, regulating the han reflect the aforesaid factors, insure a 1. Revision of the supply plant por dling of milk in the St. Louis, Missouri, sufficient quantity of pure and whole tion of the pool plant definition. Marketing Area” , which have been de some milk, and be in the public, interest; 2. Addition of provisions for an “asso cided upon as the detailed and appropri (3) The said order as hereby amended, ciate producer” . ate means of effectuating the foregoing regulates the handling of milk in the 3. Elimination of the butter-cheese conclusions. same manner as, and is applicable only alternative basic formula price. I t is hereby ordered, That all of this to persons in the respective classes of 4. Revision in the seasonal pattern oi decision, except the attached marketing industrial or commercial activity speci the Class I differential. . agreement, be published in. the F ederal fied in, a marketing agreement upon Findings and conclusions. The fol R e g ist e r . The regulatory provisions of which a hearihg has been held. lowing findings and conclusions on the said marketing agreement are identical material issues are based on the evidenc with those contained in the order, as Order relative to handling. It is there presented at the hearing and the recor hereby proposed to be amended by the fore ordered, that on and after the effec- hereof. , ... attached order which will be published % The regulation of supply v}aJrs: with this decision. 1 This order shall not become effective u n The producers’ association proposed tha less and until the requirements of § 900.14 he definition of a pool plant be chang Determination of representative pe of the rules of practice and procedure gov riod. The month of January 1959 is erning proceedings to formulate marketing o as to provide for the pricing of mi hereby 'determined to be the representa agreements and marketing orders have been ,t a supply plant in any month that sucn tive period for the purpose of ascertain met. >lant furnishes milk to a distribu Wednesday, March 25, 1959 FEDERAL REGISTER 2309
plant, which is a pool plant, and such efficient allocation of the presently avail ities for reserve milk or do not choose to milk is allocated to Class I milk at the able supply of producer milk among pool carry sufficient reserve supplies to meet distributing plant. plants. An improved marketwide alloca their day-to-day or month-to-month Under the present order, a supply tion of producer milk among distributing variation in receipts or sales. The milk plant must furnish milk to a pool plant plants would increase the utilization of of certain producers would be assigned to at least 15 days during any of the months producer milk in Class I and increase certain plants for accounting purposes of September through December and at returns to producers for their milk. The so that such milk would share in its pro least 7 days during any othèr month of regulation of supply plants which may portionate share of the Class I utilization the year to become a pool plant and sub supply only relatively small volumes of of such plant. The cooperative could ject to full regulation. It is possible, milk will not restrict the sources of sup then dispose of such milk to other pool therefore, that the full supply of milk ply to local producer milk. plants or to nonpool plants for Class II for a distributing plant during Septem Provision is made in the present order uses when such milk is not needed by ber through December and a substantial to exempt plants subject to the pricing the plant to which the producer is as-_ portion during other months may be ob and payment provisions of another order signed without unduly reducing the blend tained from sources which are not sub unless such plant supplies more milk to price to such producer or the cooperative. ject to minimum pricing and payment the Toledo marketing area than to the A number of pool plants have con provisions. area in which the plant is regulated. verted from can to bulk tank receipts in At the present time, there is only one There are a number of plants in Ohio, this market. More than one-half of the supply plant that is subject to regulation. Indiana, Michigan and Wisconsin which producer milk is now delivered by bulk This plant is operated by one of the are subject to regulation under other tank. To a large extent, the can shipping handlers who also operates a distributing Federal orders and from which supple producers have either shifted to bulk pool plant. There are three or four other mental milk supplies may be drawn. If tank at the request of the buyer of their supply plants which furnish milk to the pool Plants need and secure supple milk or shifted to other pool plants con market. The milk from these latter mental milk from such plants, both pro tinuing to receive can milk. It has been ^plants is considered as other source milk ducers arid handlers are assured that the the practice of handlers to notify pro under the order. Toledo order will not be undermined by ducers of their intention a substantial During 1955 and 1956 approximately 29 purchases of unpriced milk on an oppor period of time in advance of discontin percent of total Class I disposition was tunity basis. uing the receipt of can milk. There is no. allocated to other source receipts. Tïîe Under an individual handler type of evidence that producers have not had a corresponding figures for 1957 and the pool, as is used in the Toledo market, it reasonable period of time to make the first 10 months of 1958 were 25 and 14 is not necessary to require substantial necessary conversion or to arrange for percent, respectively. Although on a association with the market before a another outlet. Also there is no evidence marketwide basis receipts of other source plant may become a pool plant. It is that handlers have failed to accept the milk show a downward trend, a sub reasonable, however, both from the view deliveries of milk or cut-off producers on stantial portion of Class I sales are still point of the administration of the order a temporary basis for the purpose of ad supplied from other source milk. Not and in recognition of unusual circum justing receipts to sales seasonally or for withstanding the fact that most, if not stances which could result in an emer other arbitrary reasons. all, distributing plants secure a major gency need for spot shipments of milk The producers’ association goal (to portion of their requirements from pro from unregulated plants, to make pro have all handlers share in the responsi ducer milk, there has been a tendency for vision for an occasional shipment of milk bility and cost of carrying* a reserve some plants to use milk from outside without subjecting such plants to supply of milk for the market) has some sources particularly during thé fall and regulation. merit. No solution, however, was offered winter months while other plants depend It is concluded, therefore, that a supply to a number of administrative and eco exclusively on producer milk for their plant should be a pool plant which fur nomic problems associated with the as year ’round supply. Furthermore, in each nishes milk, skim milk or cream to dis signment of certain producers to certain of the summer months of 1958 (the tributing pool plants in excess of 70,000 plants or to other means of pooling the months when producer milk is in excess pounds per month and all or any part of reserve supply under an individual han of Class I sales) other source milk was the skim milk or butterfat contained in dler pool. Handlers and the cooperative allocated to Class I milk and at the same such products is allocated to Class I pur now have the privilege of diverting pro time producer milk was transferred to suant to the allocation provisions of the ducer milk to both pool and nonpool nonpool plants for manufacturing. The order. plants throughout the year. The present regulation of supply plants is reasonable 2. The proposal for an associate pro order, therefore, provides the necessary and necessary, therefore, to protect the ducer clause should be denied. mechanics for the producers’ association integrity of the classified price plan. Under the proposal, an associate pro to develop with handlers a voluntary Most of the other source milk is pro ducer would be a dairy farmer Who had plan for diverting milk which will meet cured from plants not subject to regula furnished milk to a pool plant during a most of the problems associated with the tion under an order. To the extënt that- specified previous period and the receipt transition to the bulk method of milk unpriced other source milk is procured of his milk had been discontinued at the deliveries and the maintenance of a nec at less than the order Class I prices, handler’s or another handler’s pool plant essary reserve supply of milk. . handlers using such milk have a lower for reasons other than failure of the 3. The butter-cheese formula should cost for Class I milk than handlers using milk to meet health ordinance require be deleted from the computation of the Producer milk. This undermines the ments. Under such Circumstances, if the basic formula price. effectiveness of the order in promoting farmer sold his milk to manufacturing The basic formula price applied under the maximum marketwide use of the outlets, his deliveries of milk would be the current order is the highey of the available supply Nof producer milk in included with the receipts and utilization prices resulting from (1) the average Class I and results in different costs of of producer milk of the handler, who re of prices paid at 12 midwestern conden- Class I milk among handlers. The way ceived his milk during the specified series, (2) a butter-cheese formula, (3) a is open for handlers to meet the increas period, for the purpose of determining butter-powder formula, and (4) the av ing requirements for Class I milk in this the handler’s blend price to be paid erage of prices at local manufacturing market from unpriced milk and at the producers. The tiandler would be re plants. The basic formula price is used same time curtail their purchases from quired to pay such dairy farmer the dif to establish the Class I price by the ad Producers. ference between his blend price and the dition of stated Class I differentials. The The lowering of the shipping stand Class II price under the order. Class H price is the average of prices, ards for supply plants to become pool The producers’ association favored the paid at specified local manufacturing* ™ ts, aüd consequently subject their associate producer clause as a means of plants during March through June and milk to the pricing and payment pro- accommodating the disposal of milk by the basic formula price during July visions of the order would promote uni-, dairy farmers who do not convert from through February. ormity in the application of minimum can to bulk tank deliveries; and, to assist The butter-cheese formula price has Prices for Class I milk among handlers. the cooperative association in maintain been the effective basic formula price he regulation of the principal sources ing a supply of reserve milk for plants during 16 of the 24 months of the past supply will tend to encourage more which do not have manufacturing facil two years. Official notice is hereby 2310 PROPOSED RULE MAKING taken of “ Announcement of Minimum under each of these orders. Under the tions are hereby overruled for the rea Class Prices per Hundredweight for 3.5 Detroit order, the differential is 40 cents sons previously stated in this decision. Percent Butterfat Content Milk * * *” less in February through July than in Rulings on proposed findings and con for Noyember and December 1958, is August through January. Under the clusions. Briefs and proposed findings sued by the market administrator of Cleveland and North Central Ohio ahd conclusions were filed on behalf of Order No. 30. The use of the butter- orders, the same grouping of months is certain interested parties in the market. cheese formula increased the basic for followed but the seasonal difference in These briefs, proposed findings and con mula price 2.5 cents in 1957 and 6 cents the differential is 45 cents. Because of clusions and the evidence in the record in 1958 higher than the price which the interrelationships of these markets, were considered in making the findings would have resulted from the other al orderly marketing would be promoted ahd conclusions set forth above. To the ternative basic formulas. Class I prices, by coordinating the seasonal changes extent that the suggested findings and therefore, were increased by the same in Class I prices. Handlers supported conclusions filed.by interested parties are amounts. The butter-cheese formula the producers’ proposal and emphasized inconsistent with the findings and con likewise increased the Class I I price an the need to align Class I price changes clusions set forth herein, the requests to average of 2.3 cents in 1957 and 3.3 particularly under the Toledo and De make such findings or reach such con cents in 1958. troit orders. clusions are denied for the reasons pre In 1958, the butter-cheese formula Receipts of producer milk are nor viously stated in this decision. averaged $3.06 as compared with the mally highest in relation to Class I sales General findings. The findings and average of $3.01 for the 12 midwestern during February through July and low determinations hereinafter set forth are condenseries and $2.96 for the butter- est during August through January. supplementary and in addition to the powder formula. During the past three The ratio of Class I sales to producer findings and determinations previously years, the spread between the butter- receipts in July usually increases sub made in connection with the issuance cheese formula price and the other al stantially as compared with June and of the aforesaid order and of the previ ternative basic formula prices has is at substantially , the same level as ously issued amendments thereto; and gradually widened. Because of changed January. Although producers’ proposal all of said previous findings and deter relationships, the weighting of the fac to include July in the period of the high minations are hereby ratified and af tors in the present butter-cheese for est differential has merit, the weight of firmed, except insofar as such findings mula are antiquated and the formula the evidence favors the adoption of the and determinations may be in conflict fails to provide an appropriate measure same seasonal pattern as is provided in with the findings and determinations set of the prices paid to dairy farmers for the other orders. forth herein. milk at cheese plants. The formula is It was concluded under Issue No. 3 (a) The tentative marketing agree no longer a proper basic price formula that the butter-cheese formula should ment and the order, as hereby proposed or a reasonable measure of the value for be discontinued as one of the alternative to be amended, and all of the terms and manufacturing milk for the Toledo basic prices used for determining Class I conditions thereof, will tend to effectuate market. The other nearby Federal prices. Unless a' change, is made in the the declared policy of the Act; orders for the Detroit, North Central Class I differential, elimination of the (b) The parity prices of milk as de Ohio and Cleveland markets, with which butter-cheese formula would result in termined pursuant to section 2 of the the Toledo market competes in the pro the reduction in the relative level of Act are not reasonable in view of the curement of milk and in the sale of fluid Class I prices. Removal of the cheese price of feeds, available supplies of feeds, milk and manufactured dairy products, formula would have reduced the Class I and other economic conditions which do not employ the butter-cheese formula. price an average of 6 cents per hundred affect market supply and demand for The basic formula price in each of these weight during 1958. milk in the marketing area, and the orders also employs the average of the The relationship of producer receipts minimum prices specified in the proposed prices at the 12 midwestern condenseries to Class I sales are relatively low in this marketing agreement and the order, as and a butter-powder formula essentially market and the present level of producer hereby proposed to be amended, are such the same as the formula in the Toledo milk receipts are inadequate to provide prices as will reflect the aforesaid fac order. In addition, the Detroit order reasonable reserve supply* In fact, in tors, insure a sufficient quantity of pure employs the average of prices paid September 1958 producer receipts were and wholesome milk, and be in the public farmers at local manufacturing plants., nearly one million pounds less than Class interest; and The deletion of the butter-cheese for I sales. For the four months of lowest (c) The tentative marketing agree mula, therefore, will result in more ap production, September through Novem ment q,nd the Order, as hereby proposed propriate pricing of Class I and Class ber, receipts from producers averaged to be amended, will regulate the han I I milk under the Toledo order and will only ,101 percent of Class I utilization. dling of milk in the same manner as, promote more uniform Class I and For the months of February through and will be applicable only to persons manufacturing milk price movements in July 1958 this ratio was 113 percent and in the respective classes of industrial the Federal order markets in this during the flush production months and commercial activity specified in, a region. (April through June) the 'market had marketing agreement upon which a 4. The Class I price differential shouldless than a 20 percent reserve supply. hearing has been held. be revised to provide for two instead of Both producers and handlers favored a Marketing agreement and order. An three seasonal price changes. compensating, increase in the Class I nexed hereto and made a part hereof are The Class I price is now computed by price differential to continue the present two documents entitled, respectively, adding to the basic formula price a dif relative level of Class I prices if the but “ Marketing Agreement Regulating the ferential of $1.00 during April, May and ter-cheese formula were deleted. Handling of Milk in the Toledo, Ohio, June; $1.25 during February, March and To promote closer co-ordination in Marketing Area”, and “ Order Amending July; and, $1.60 during August through Class I price changes among the Federal the Order Regulating the Handling of January. On ari annual basis, the dif order markets in this region and to con MHk in the Toledo, Ohio,. Marketing ferential equals approximately $1.39. tinue the same relative level of Class I Area”, which have been decided upon as The producers’ association proposed prices in the Toledo market, the Class I the detailed and appropriate means of a differential of $1.20 for February price differential should be changed to effectuating the foregoing conclusions. through July and $1.60 for August $1.25 during February through July and I t is hereby ordered, That all of this through January as a means of main $1.65 during August through January. decision, except the attached marketing taining the present average annual Rulings on exceptions. In arriving at agreement, be published in the F ederal level. The association also suggested the findings and conclusions, and the R eg ist e r . The regulatory provisions oi that consideration be given to including regulatory provisions of this decision, said marketing agreement are identical July in the highest differential months. each of the exceptions received was care with those contained in the order as here Handlers regulated by the Toledo fully and fully considered in conjunction by proposed to be amended by the at order compete in the procurement and with the record evidence pertaining tached order which will be published witn sale of milk with handlers regulated by thereto. To the extent that the findings this decision. . .. • the Detroit, Cleveland and North Cen and conclusions, and the regulatory pro Determination of representative P tral Ohio orders. A two seasonal pat visions of this decision are at variance riod. The month of January is hereoy tern of Class I differentials is employed with any of the exceptions, such excep determined to be the representative p Wednesday, March 25, 1959 FEDERAL REGISTER 2311 riod for the purpose of ascertaining Order relative to handling. It is whether the issuance of the attached or therefore ordered, that on and after the DEPARTMENT OF HEALTH, EDU der amending the order règulating the effective date hereof, the handling of handling of milk in the Toledo, Ohio, milk in the Toledo, Ohio, marketing area CATION, AND WELFARE marketing area, is approved or favored shall be in conformity to and in com by producers, as defined under the terms pliance with the terms and conditions.-of Food and Drug Administration the aforesaid order, as hereby amended, of the order as Hereby proposed to be [21 CFR Part 191 amended, and who, during such repre and the aforesaid order is hereby sentative period, were engaged in the, amended as follows: CHEESES; PROCESSED CHEESES; production of milk for sale within the § 930.9 [Amendment] CHEESE FOODS; CHEESE SPREADS, aforesaid marketing area. 1. Delete 1 930.9(b) and substitute AND RELATED FOODS; DEFINI Issued at Washington, D.C., this 20th therefor the following: TIONS AND STANDARDS OF IDEN day of March 1959. (b) A supply plant from which ship TITY [ seal] C lar en c e L. M il l e r , ments in excess of 70,000 pounds of milk, SAMSOE CHEESE Assistant Secretary. skim milk or cream are received during Order1 Amending the Order Regulating the month at a plant described pursuant Standard of Identity to paragraph (a) of this section and all the Handling of Milk in the Toledo, The standard of identity for samsoe Ohio, Marketing Area or any part of the skim milk or butterfat contained in such products would be cheese (21 CFR, 1957 Supp., 19.544) was § 930.0 Findings and determinations. allocated from Class I pursuant to established by an order published in the The findings and determinations here § 930.46 if such plant were not a pool F ederal R e g ister of March 6, 1956 (21 inafter set forth are supplementary and plaint. F.R. 1440), ruling on proposals filed by the Denmark Cheese Association, 17 Bat in addition to the findings and deter § 930.50 [Amendment] minations previously made in connection tery Place, New York, New York. The with the issuance of the aforesaid order 2. Delete the schedule in § 930.50(a) only objection to this order was filed by and of the previously issued amendments (I ) and substitute therefor the follow K raft Foods Company, Chicago, Illinois. thereto and all of said previous findings ing: The basis for K raft’s objection was that the order, by fixing the maximum limit and determinations are hereby ratified Delivery period: Amount and affirmed, except insofar as such find February through July ___$1.25 for moisture in samsoe cheese at 46 per ings and determinations may be in con All other months______1. 65 cent, would give such cheese a sales ad vantage over swiss cheese, which is lim flict with the findings and determina § 930.51 [Amendment] tions set forth herein. ited by its standard (21 CFR 19.540) to (a) Findings upon the basis of the 3. In § 930.51, delete the reference not more than 41 percent moisture. The hearing record. Pursuant to the provi “paragraphs (a ) , (b) and (c) of this sec objection sought to have the standard of sions of the Agricultural Marketing tion” and substitute therefor ’ ‘para identity for samsoe cheese changed by Agreement Act of 1937, as amended (7 graphs (a) and (b) of this section” . . lowering the maximum limit for moisture UJ3.C. 601 et seq.), and the applicable 4. Delete § 930.51(b) and renumber therein to the maximum for moisture rules of practice and procedure govern § 930.51(0 as § 930.51(b). prescribed in the standard of identity for ing the formulation of marketing agree swiss Cheese. By an order published in [F.R. Doc. 59-2492; Filed, Mar. 24, 1959; the F ederal R egister of May 3,1956 (21 ments and marketing orders (7 CFR, 8:48 a.m.] Part 900), a public hearing was held F.R. 2918), giving notice of the objection upon certain proposed amendments to filed by Kraft Foods Company, the stand the tentative marketing agreement and ard of identity for samsoe cheese was to the order regulating the handling of stayed pending a determination of the milk in the Toledo, Ohio, marketing area. DEPARTMENT OF LABOR issue raised by the objection. The original petitioner, Denmark Upon the basis of the evidence intro Wage and Hour Division duced at such hearing and the record Cheese Association, upon reconsidera tion of the definition and standard of thereof, it is found that: E29 CFR Parts 601, 602, 603] < 1 ) The said order as hereby amended, identity for samsoe cheese, requests that and all of the terms and conditions [ Administrative Order 518] the standard be amended to lower the thereof, will tend to effectuate the de maximum limit for moisture in samsoe clared policy -of the Act ; INDUSTRY COMMITTEES NOS. 44-A, cheese to 41 percent. In support of this (2) The parity prices of milk, as de 44—B, AND 44-C proposal, a translation of the Danish termined pursuant to section 2 of the Ministry of Agriculture Regulation of Act, are not reasonable in view of the Resignation and Appointment of September '23, 1957, was submitted. Price of feeds, available supplies of feeds, Public Member This regulation requires that samsoe and other economic conditions which cheese for export to the United States market supply and demand for Pedro Munoz-Amato of RfO Piedras, may not contain more than 41 percent milk in the said marketing area, and the Puerto Rico, has resigned as a public moisture. After considering the pro minimum prices specified in the order as representative on Industry Committees posal for lowering the maximum limit for hereby amended are such prices as will Nos. 44-A, 44-B, and 44-C. The Secre moisture in samsoe cheese to 41 percent, ^ a^oresaid factors, insure a tary of Labor^ pursuant to authority con the K raft Foods Company reported that sufficient quantity of pure and wholesome tained in the Pair Labor Standards Act this amendment would satisfy its objec and be in the public interest; and of 1938 (52 Stat, 1060, as amended; 29 tions to the original order and that, if (3) The said order as hereby amended, U.S.C. 201 et seq.), and Reorganization this amendment were made, it would be regulates the handling of milk in the Plan No. 6 of 1950 (3 CFR, 1950 Supp., agreeable to having the standard of ame manner as, and is applicable only p. 165), hereby appoints Juan Labadie- identity for samsoe cheese with all other persons in the respective classes of in- Eurite of San Juan, Puerto Rico, to serve provisions remaining as published in the ustnal or commercial activity specified on said committees as a public repre order of March 6, 1956 (21 F.R. 1440), , a marketing agreement upon which sentative. become effective. a hearing has been held. Signed at Washington, D.C., this 19th Since the amendment now proposed by (flay of March 1959. the original petitioner meets the excep order shall not become effective tion of the only party filing objections, of th and until the requirements of § 900.14 J am e s P. M it c h e l l , it is concluded that no purpose will be ernino rUles oi.Practice and procedure gov- Secretary of Labor. aernoE, Proceedings to formulate marketing served by scheduling a public hearing on met men';s and marketing orders have been [P E . D o c .'59-2514; Filed, Mar. 24, 1959; the objections. Accordingly, pursuant 8:52 a.m.] to the provisions of the Federal Food, 2312 PROPOSED RULE MAKING
Drug, and Cosmetic Act (sec. 701 (e)* 52 Stat. 1055, as amended 70 Stat. 919; 21 U.S.C. 371(e)), and the authority dele gated to the Commissioner of Pood and NOTICES Drugs by the Secretary of Health, Edu cation, and Welfare (22 F.R. 1045 ; 23 F.R. 9500), notice is hereby given that it an application, serial number Colorado is proposed to amend the standard of DEPARTMENT OF THE INTERIOR 024417, for withdrawal of the lands de identity for samsoe cheese as follows: Bureau of Land Management scribed below from location and entry In § 19.544 Samsoe cheese; identity, it under the General Mining Laws, sub is proposed to amend paragraph (a) by ALASKA ject to existing valid claims. changing the clause “ It contains not The applicant desires the lands for more than 46 percent moisture * * * ” in Notice of Proposed Withdrawal and use for a picnic area and campgrounds. the fifth sentence to read, “ It contains Reservation! of Lands For a period of thirty days from the not more than 41 percent moisture * * The Department of the Army has filed date of publication of this notice, per All interested persons are hereby in an application, Serial Number F-022929, sons having cause may present their vited to present their views in writing for the withdrawal of the lands described objections in writing to the undersigned regarding the amendment proposed. below, from all forms of appropriation official of the Bureau of Land Manage Such views and comments should be under the public land laws, including the ment, Department of the Interior, 339 submitted in quintuplicate, addressed to mining and mineral leasing laws. The New Custom House, P.O. Box 1018, the Hearing Clerk, Department of Health applicant desires the land for missile test Denver 1, Colorado. Education, and Welfare, Room 5440, 330 fire range. Congressional approval is I f circumstances warrant it, a public Independence Avenue SW., Washington required under provisions of Public hearing will be held at a convenient 25, D.C., prior to the thirtieth day fol Law 85-337. time and place, which will be an lowing the date of publication of this For a period of sixty days from the nounced. notice in the F ederal R eg ister . date of publication of this notice, all per The determination of the Secretary sons who wish to submit comments, sug of the Interior on the application will Dated: March 19, 1959. gestions, or objections in connection with be published in the F ederal R egister. A separate' notice will be sent to each [ s e a l ] J o h n L . H a r v e y , l;he proposed withdrawal may present Deputy Commissioner their views in writing to the undersigned interested party of record. of Food and Drugs. officer of the BuVeau of Land Manage The lands involved in the application ment, Department of the Interior, P.O. are: [F.R. Doc. 59-2503; Filed, Mar. 24, 1959; Box 1050, Fairbanks, Alaska. N ew Mexico Principal Meridian, Colorado 8:50 a.m.] I f circumstances warrant it, a public hearing will be held at a convenient time SAN JU AN NATIONAL FOREST and place, which will be announced. Mancos Hill Campground Site The determination of the Secretary on [ 21 CFR Part 121 ] the application will be published in the T. 36 N., R. 12 W.,' : Sec. 32, Sy2N W ^ S W % and Ni/aSWftSW^. F ederal R e g ist e r . A separate notice Will FOOD ADDITIVES be sent to each interested party of record. Bridge Campground Site ' The lands involved in the application Notice of Filing Petition for Establish are: ^ T. 37 N., R. 3 W., Fairbanks Area Sec. 4, Si/aNWy, and S W ^ ; ment of Tolerance for Substance Sec. 9, N% N W i4. Containing Piperonyl Butoxide and A tract of land1 located approximately 40 Pyrethrins in or on Whole Cheese miles east of Fairbanks, State of Alaska, Bear Campground Site more specifically described as follows: T. 38 N., R. 13 W., Beginning at a point identical with the ap Pursuant to the provisions of the Fed Sec. 4, N W & S W 14, S l/2 S W lA and proximate intersection. of latitude 64°47'10" SW%SE%; eral Food, Drupr, and Cosmetic Act N., and longitude 146° 10'24" W.; thence (sec. 409(b)(5), 72 Stat. 1786; 21 U.S.C. We,st 9 miles, more or less, to approximate Sec. 9, N E P W 1/*. 348(b)(5)), the following notice is latitude 64°47'00" N., longitude 146°28'17"-, Deer Campground Site issued: W.; thence Northeasterly 63 miles, more or less, to approximately latitude 65° 11'34" N., T. 40 N., R. 13 W „ A petition has been filed by Fairfield longitude 144°29'12" W.; thence South Sec. 24, Ny2SW54 and E ^ S W & S W ^ '. Chemicals, Food Machinery and Chemi easterly 20 miles, more or less, to approxi cal Corporation, Post Office Box 1616, mately latitude 64°50'1Q" N„ longitude The above areas in San Juan National Baltimore 3, Maryland, proposing the is 144°14'00" W.; thence Southwesterly 58 Forest aggregate 660 acres. miles, more or less, to approximate latitude Sixth Principal Meridian, Colorado suance of a regulation to establish a tol 64°39'45" N., longitude 146°10'24" W.; thence erance of 1.0 part per million (0.0001 North 9 miles, more or less, to the point of GRAND MESA NATIONAL FOREST percent) of piperonyl butoxide and 0.1 beginning. Buzzard Campground part per million (0.00001 percent) of Containing 607,800 acres, more or less. pyrethrins in or on whole cheese and 50.0 T. 9 S., R. 92 W., parts per million (0.005 percent) of R ichard L. Q u i n t u s , Sec. 20, SWy4SW i4. Operations Supervisor, piperonyl butoxide and 5.0 parts per mil Island Lake Campground lion (0.0005 percent) of pyrethrines in Fairbanks. or on the outer y8 inch of the whole [F.R. Doc. 59-2482; Filed, Mar. 24, 1959; T. 12 S., R. 95 W., 8:47 a.m.] Sec. 3, S W [4 S W ^ and W%SE!4SW1A: cheese as a protectant against cheese Sec. 4, S% SE% SE% ; mites, Tyroglyphus siro and Tyroglyphus Sec. 9, NE % NE % ; farinae. Sec. 10, N ^ N W ^ N W ^ . Dated: March 19, 1959. COLORADO Ward Lake Campground T. 12 S., R. 95 W., [ s e a l ] J o h n L. H a r v e y , Notice of Proposed Withdrawal and Sec. 2, n w 14s e 14n e [4 , Commissioner of Food and Drugs. Reservation of Lands and NW%SW%KE%. [F.R. Doc. 59-2481; Filed, Mar. 24, 1959; The United States Forest Service of The above areas in Grahd Mesa Na 8:47 a.m.] the Department of Agriculture has filed tional Forest aggregate 220 acres. Wednesday, March 25, 1959 FEDERAL REGISTER 2313
ARAPAHO NATIONAL FOREST the lands described herein are hereby [81949] Silvertip Campground opened to filing of applications, selec tions, and locations in accordance with MICHIGAN T 4 S., R. 76 W., Suspended, the following: Sec. 13, N E & S W 14, NW%SE}4, Ei/2NW% Notice of Filing of Plat of Survey and SW14 and Wi/2NE%SEi4. a. Applications and selections under the nonmineral public land laws and ap Order Providing for Opening of Crater Lake Campground plications and offers under the mineral Public Lands T. 1N., R. 74 W., leasing laws may be presented to the M ar c h 19,1959. sec. 3, sy2swy4NEy4, NW ^SE1^, E&NEft Manager mentioned below, beginning on Plat of Survey of the land (Island) de SW^, NE14SE14SW14 andNy2SW ^SEi 4 . the date of this order. Such applications, scribed below, accepted January 28,1959, Maxwell Falls Picnic Area selections, and offers will be considered will be officially filed in the Eastern States as filed on the hour and respective dates T. 6 S., R. 71 W., Land Office, Bureau of Land Manage Sec. 6, lot 2. shown for the various classes enumerated ment, Department of the Interior, Wash in the following paragraphs: ington 25, D.C., effective 10:00 a.m., on Cold Springs Campground ( Extension) (1) Applications by persons having April 24,1959. T 2 S R. 72 W. prior existing valid settlement rights, Sec'.’ 30, Sy2 of lot 3, lot 5, Ni/2SE% SW % preference rights conferred by existing Michigan Meridian, Michigan and N E % S W ^ . laws, or equitable claims, subject to al T. 1 N., R. 10 W., T.2S..R. 73 W., > > lowance and confirmation, will be ad Sec. 18, Lot 1, 6.03 acres. Sec. 25, Sy2SE%, E ^N E ^SE 1^, SW ^N E ^ judicated on the facts presented in SE%, E y2 NW % NE % SE y4, Wy2NW»4 This plat represents the survey of support of each claim or right. All ap SE&, SE^NWViSE^, wy2NE^NW% an island in Warner Lake which was not plications presented by persons other s e %, sy2sw y 4sEy4NEy4, sy2SEy4s w ^ included in the original survey as shown NE14 and E ^S W ft. than those referred to in this paragraph by plat approved April 24, 1827. will be subject to applications and claims The island is of clayey loam and varies The above areas in Arapaho National mentioned in this paragraph. in elevation from two feet to 25 to 30 Forest aggregate 631.50 acres. (2) All valid applications under the The total areas in San Juan, Grand feet above the level of Warner"' Lake. Homestead and Desert Land Laws by Timber consists of a heavy growth of Mesa and Arapaho National Forests qualified veterans of World War n and, oak, beech and maple, 12 to 30 inches aggregate 1511.50 acres. or, the Korean Conflict, and by others in diameter. The slopes are covered J. E l l io t t H a l l , entitled to preference rights under the with a dense growth of young timber and Lands and Minerals Officer. Act of September 27, 1944 .(58 Stat. 747; vines. The top is relatively open. 43 U.S.C. 279 through 284, as amended), [F.R. Doc. 59-2483; Filed, Mar. 24, 1959; There are no improvements on the island. presented prior to 10:00 a.m. on April 8:47 a.m.] At the date of the survey in 1958 the 23,1959, will be considered as simultane ously filed at that hour. Rights under island was being used as an overnight camp site by Girl Scout troops. The such preference right applications filed island is reported as 100 percent upland. [Classification No. 26] after that hour and before 10:00 a.m. on No application may be allowed under [C-021273] July 23, 1959, will be governed by the time of filing. the homestead or small tract or any other nonmineral public land laws unless the (3) All valid applications and selec COLORADO lands have already been classified as tions under the nonmineral public land valuable or suitable for such type of ap Small Tract Classification!: Revocation laws other than those coming under Par plication or shall be so classified upon and Order Providing for Opening of agraphs (1) and (2) above, and applica consideration of an application. Any Public Lands tions and offers under the mineral leas application that is filed will be con arch ing laws, presented prior to 10:00 a.m. M 17, 1959. sidered on its merit. The land will not on July 23, 1959, will be considered as 1. Pursuant to the authority delegated be subject to occupancy or disposition to me by the Colorado State Supervisor simultaneously filed at that hour. Rights until it has been classified. under such applications and selections of the Bureau of Land Management, Applications and selections under ijon- effective February 19, 1958 (23 F.R. filed after that hour will be governed by the time of filing. mineral public land laws and applications 1098), Colorado Small Tract Classifica and offers under the mineral leasing laws tion No. 21, appearing as Federal Regis b. The lands will be opened to location may be presented to the Manager, men under the United States mining laws be ter Document 57-6252, on page 6066 of tioned below, beginning on the date of ginning at 10:00 a.m. on July 23,1959. the issue of Thursday, August 1, 1957, is this order. Such applications, selec 5. Persons claiming veteran’s prefer hereby revoked as to the following de tions, and offers will be considered as ence rights under paragraph 4a(2) above scribed lands: filed on the hour and respective dates must enclose with their applications shown for the various classes enumerated Sixth Principal Meridian, Colorado proper evidence of military or naval in the following paragraphs: T. 3 S., R. 73 W., service, preferably a complete photo Sec. 11, The Dorothy Lee Placer Mining static copy of the certificate of honor 1. Applications by persons having prior existing valid settlement rights, prefer Claim, Mineral Survey 20707, lying in the able discharge. Persons claiming pref NW 14, ence rights conferred by existing laws, or erence rights based upon valid settle equitable claims subject to allowance and The area described aggregates 19.498 ment, statutory preference, or equitable confirmation will be adjudicated on the acres of public lands. claims must enclose properly corrob facts presented in support of each claim 2. The lands are west of Central City, orated statements in support of their or right. All applications presented by Colorado. A county road passes near the applications, setting forth all facts rele persons other than those referred to in land. The soils are shallow and rocky vant to their claims. Detailed rules and this paragraph will be subject to the ap and unsuited for farming. regulations governing applications which plications and claims mentioned in this 3. No application for these lands will may be filed pursuant to this notice can paragraph. be allowed under the homestead, desert be found in Title 43 of the Code of Fed 2. All valid applications, under the eral Regulations. land, or. any other nonmineral public Homestead and Small Tract Laws, by land law unless the lands have already 6. Inquiries concerning these lands qualified veterans of World War II or of been classified as valuable or suitable for should be addressed to the Land Office the Korean Conflict, and by others en suph type of application, or shall be clas Manager, Bureau of Land Management, titled to preference rights under the Act sified upon consideration of an applica- Room 371, New Custom House, P.O. Box of September 27, 1944 (58 Stat. 747; 43 Any application that is filed will 1018, Denver 1, Colorado. U. S.C. 274-284 as amended), presented oe considered on its merits. The lands prior to 10:00 a.m., on April 24, 1959, J. E l l io t t H a l l , wii n°t be subject to occupancy or dis will be considered as simultaneously filed position until they have been classified. Lands and Minerals Officer. at that hour. Rights under such prefer Subject to any valid existing rights [F.R. Doc. 59-2484; Filed,, Mar. 24, 1959; ence right applications filed after that and the requirements of applicable laws, 8:47 a.m.] hour and before 10:00 a.m., on July 25, No. 58------4 2314 NOTICES
1959, will be governed by the time of Act of 1938 (52 Stat. 1060, as amended, Oberman Manufacturing Co., Harrison, filing. 29 U.S.C. 201 et seq.), the regulations on Ark., effective 3-10-59 to 3-9-60 (men’s and 3. All valid applications and selectionsemployment of learners (29 CFR Part boys’ single pants). under the nonmineral public land laws, 522), and Administrative Order No. 485 Piedmont Shirt Co., New Buncombe Road, Greenville, S.C., effective 2-20-59 to 2-19-60 other than those coming under para (23 F.R. 200) and Administrative Order ,( dress shirts, boy’s sport shirts). graphs (1) and (2) qbove, and applica No. 507 (23 F.R. 2720), the firms listed in Philip Rothenberg & Co., Inc., Shellen- tions and offers under the mineral leas this notice have been issued special cer berger Plant, McAlisterville, Pa., effective ing laws, presented prior to 10:00 a.m., tificates authorizing the employment of 2-19-59 to 2-18-60 (shirts for men, and boys). on July 25, 1959, will be considered filed learners at hourly wage rates lower than Renevo Shirt Co., Mena, Ark., effective simultaneously at that hour. Rights the minimum wage rates otherwise ap 2-26-59 to 11-23-59 (ladies’ sport shirts). under such applications and selections plicable under section 6 of the Act. The^ The Seaford Garment Co., Seaford, Dela ware, effective 3-2-59 to 3-1-60 (shirts, sports filed after that hour will be governed by effective and expiration dates, occupa or dress). the time of filing. tions, wage rates, number or proportion Tennessee Textile Corp., MacArthur Road, All inquiries relating to the lands of learners, learning periods, and the Maryville, Tenn., effective 2-26-59 to 2-25-60 should be addressed to the Manager, principal product manufactured by the (men’s cotton work trousers and shirts). Eastern States Land Office, Bureau of employer for certificates issued under Warsaw Manufacturing Co., Warsaw, N.C., Land Management, Department of the general learner regulations (§§ 522.1 to effective 2-27-59 to 2-26-60 (ladies’ cotton Interior, Washington 25, D.C. 522.11) are as indicated below. Condi dresses). tions provided in certificates issued under Williamson-Dickie Manufacturing Co., E. J. C o n o v e r , special industry regulations are as estab Uvalde, Tex., effective 3-3-59 to 3-2-60 (men’s Acting Manager. shirts and jackets). lished in these regulations. [F.R. Doc. 59-2485; Filed, Mar. 24, 1959; Apparel Industry Learner Regulations The following learner certificates were 8:47 a.m.] (29 CFR 522.1 to 522.11, as amended, and issued for normal labor turnover pur 29 CFR 522.20 to 522.24, as amended). ■ poses. The effective and expiration The following learner certificates were dates and the number of learners author issued authorizing the employment of 10 ized are indicated. 11-18] percent of the total number of factory Alan Manufacturing Co., 695 Hazle Street, UTAH production workers for normal labor Wilkes-Barre, Pa., effective 2-27-59 to 2-26- turnover purposes. The effective and ex 60; 10 learners (dresses). Notice of Proposed Withdrawal and piration dates are indicated. Apparel, Inc., Mebane, N.C., effective Reservation of Lands 2-19-59 to 2-18-60; 2 learners (children’s Abetta "Sportswear, Inc., Page Mill, N ew dresses). Bedford, Mass., effective 3-2-59 to 3-1-60 M ar ch 17,1959. Bedford National, Inc., Page Mill, New (women’s rayon dresses). The Federal Aviation Agency has filed Bedford, Mass., effective 3-2-59 to 3-1-60; 5 Calumet Garment Co., 913 East Chicago learners (women’s rayon dresses). an application, Serial No. Utah 033877, Avenue, East Chicago, Ind., effective 3-2-59 Berlin Manufacturing Co., Inc., Berlin, Md., for the withdrawal of the lands described to 3-1-60 (m en’s sport and dress trousers). effective 2-23—59 to 2-22—60; 10 learners (cot below, from all forms of appropriation Culler & Oblander, Inc., North, S.C., effec ton work clothing, work pants). under the public land laws, including the tive 3-2-59 to 3-1-60 (children’s cotton play Brooks Contracting Co., of Clarksville, Inc., mining and mineral leasing laws. The clothes). 112 Eafet Main Street, Clarksville, Tex., effec Elsing Manufacturing Co., South on High applicant desires the land for develop tive 2-28-59 to 2-27-60; 5 learners (women’s way 69, McAlester, Okla., effective 3-7-59 to work uniforms). ment of culinary water facilities for per 3-6-60 (ladies’ blouses, skirts and dresses). sonnel of the Bryce Canyon air naviga Holiday Togs, Inc., South Market Street, Fairfield Manufacturing Co., Inc., W inns- Dayton, Tenn., effective 2-28-59 to 2-27-60; tion facility. boro, S.C., effective 2-20-59 to 2-19-60, 10 learners (children’s outer-garment play For a period of 30 days from the date (women’s cotton wash dresses). shorts). of publication of this notice, persons Fawn Grove Manufacturing Co., Inc., Fawn Joel Manufacturing, 144 Hazle Street, having cause may present their objec Grove, Pa., effective 2-23-59 to 2-22-60 Wilkes-Barre, Pa., effective 3-2-59 to 3-1-60; tions in writing to the undersigned official (pants, overalls, coveralls, etc.). 5 learners (dresses). Finesilver Manufacturing Co., 816 Camaron Pamplin Dress Corp., Pamplin, Va., effec of the Bureau of Land Management, De Street, San Antonio, Tex., effective 3-2—59 to partment of the Interior, Post Office Box tive 3-4-59 to 3-3-60; 6 learners (children’s 3-1-60 (men’s and boys’ denim dungarees, dresses). No. 777, Salt Lake City 10, Utah. work pants, work shirts). Pella Manufacturing Corp., 707 East Third I f circumstances warrant it, a public Albert Given Manufacturing Co., 1301 West Street, Pella, Iowa, effective 3—2—59 to 3-1-60; hearing will be held at a convenient time Chicago Avenue, East Chicago, Ind.effective 10 learners (overalls, dungarees and cover and place, which will be announced. 2-19-59 to 2-18-60 (men’s sport and dress alls). The determination of .the Secretary on trousers), Rulesville Manufacturing Co., Rulesville, the application will be published in the Gopher Manufacturing Co., Buffalo, Minn., Miss., effective 2-24r-59 to 2-23-60; 10 learners effective 2-27-59Jto 2-26-60 (children’s outer (men’s and boys’ outerwear jackets). F ederal R eg ister . A separate notice will garm ents). Sherman Manufacturing Co., Darlington, be sent to each interested party of record. Helco, Inc., 333 North Pleasentburg Drive, S.C., effective 3-2-59 to 3-1-60; 10 learners The lands involved in the application Greenville, S.C., effective 2-19-59 to 2-18-60 (ladies’ house dresses).. are: (men’s and boys’ dress and sport shirts, The Watson-Scott Co., Thomasville, Ga., Sa lt L ake M e rid ian, U t a h pajamas and pants). effective 3-2-59 to 3-1-60; 8 learners (men’s T. 36 S., R. 3 W „ P. Jacobson & Sons, Inc., Tipton & O ’Brien industrial uniforms, shirts, trousejs, cover Sec. 7: Lot 2. v* Streets, Seymour, Ind., effective 2-23-59 to alls and jackets). 2 - 22-60 (m en’s dress and sport shirts). The above area aggregates 34.34 acres. J. A. Lamy Manufacturing Co., 108 West The following learner certificates were Pacific Street, Sedalia, Mo., effective 2-24-59 issued for plant expansion purposes. V al B. R ic h m a n , to 2-23-60 (dungareés). The effective and expiration dates and State Supervisor. LaSalle Sportswear Corp., Bastian, Va„ the number of learners authorised are effective 2-21-59 to 2-20-60 (infants’ and ” indicated. [F.R. Doc. 59-2486; Filed, Mar. 24, 1959; children’s sportswear),. 8:47 a.m.] Leisure .Lads, Inc., Hedrick & Brenner Atwood, Inc., Sparta, N.C., effective 2-27- Streets, Salisbury, N.C., effective 3-2-59 to 59 to 8-26-59; 301earners (pants). 3 - 1-60 (children’s apparel, carcoats, boys’ Forin-O-Uth Brassiere Co., McLean, Tex., sport shirts). effective 2-27-59 to 5-27-59; 10 ^earners DEPARTMENT OF LABOR Manhattan Shirt Co., Ashburn, Ga., effec (brassieres) (supplemental certificate). Wage and Hour Division tive 3-2-59 to 3-1-60 (men’s pajamas). Manhattan Shirt Co., Ashburn, Ga., effec Metro Pants Co., 254 East Elizabeth Street, tive 3-2-59 to 9-1-59; 20 learners (men’s Harrisonburg, Va., effective 2-26-59 to 2-25- LEARNER EMPLOYMENT 60 (boys’ and junior pants, men’s pants). pajam as). Oberman Manufacturing Co., Harrison, CERTIFICATES Oberman Manufacturing Co., Arkadelphia, Ark., effective 3-10-59 tq 3-9-60 (m en’s and Ark., effective 3—2—59 to 9-1-59; 40 learners Issuance to Various Industries boys’ single pants). (men’s and boys’ single pants). Oberman Manufacturing Co., Fayetteville, Southern Garment Co., Robbins, N.C., effec Notice is hereby giyen that pursuant Ark., effective 3-10-59 to 3-9-60 (shirts, tive 2-26-59 to 8-25-59; 30 learners (women’s to section 14 of the Fair Labor Standards jackets, pants). cotton wash dresses). Wednesday, March 25, 1959 FEDERAL REGISTER 2315
Vacation Wear, Inc., Estill, S.C., effective normal labor turnover purposes (ladies' purposes in the occupations of (1) sewing 2-27-59 to 8-26-59; 20 learners (ladies’ cot casual footwear). machine operator, (2) final presser, (3) hand ton sportswear, dresses). B. B. Walker Shoe Co., Asheboro, N.C., ef sewer, (4) finishing operations involving fective 2-26-59 to 2-25-60; ten percent of the hand sewing for a learning period each of 480 Glove Industry Learner Regulations total number of factory production workers hours at the rates of at least 90 cents per (29 CFR 522.1 to 522.11, as amended, and for normal labor turnover purposes (men’s hour for the first 280 hours, and not less than 29 CFR 522.60 to 522.65, as amended). work shoes). 95 cents per hour for the remaining 200 horns The Boss Manufacturing Co., Gregory and (m en’s sack coats). Regulations Applicable to the Employ Palm Beach Co., Talladega, Ala., effective Harrington Streets, Cisco, Tex., effective ment of Learners (29 CFR 522.1 to 522.11, 3-1-59 to 2-29-60; 10 percent of the total 2-24-59 to 8-23-59; five percent of the total number of machine stitchers for normal labor as amended). number of factory production workers for turnover purposes (work gloves). Advertisers Manufacturing Co., Ripon, normal labor turnover purposes in the occu The Boss Manufacturing Co., 107 North Wis., effective 3-4—59 to 9-3-59; five percent pations of (1) sewing machine operator, (2) Boss Street, Kewanee, 111., effective 3-1-59 to of the total number of factory production final presser for a learning period each of 480 2-29-60; 10 percent of the total number of workers for normal labor turnover purposes hours at the rates of at least 90 cents an hour machine stitchers for normal labor turnover in the occupation of (1) sewing machine for the first 280 hours, and not less than 95 purposes (work gloves). operator for a learning period of 240 hours at cents an hour for the remaining 200 hours Good Luck Glove Co., Metropolis, 111., the rate of 90 cents an hour (advertising (men's summer wash pants, shorts, suit effective 3-10-59 to 3-9-60; 10 percent of the caps, aprons, newsbags, etc.). pan ts). total number of machine stitchers for nor J. Capps and Sons, Ltd., 500 West Lafay Staunton Manufacturing Co., Staunton, mal labor turnover purposes (work gloves). ette Avenue, Jacksonville, 111., effective Va., effective 3-1-59 to 8—31—59; five percent Southern Glove Manufacturing Co., Inc., 3-1-59 to 8-31-59; five percent o f the total of the total number of factory production Conover, N.C., effective 2—23—59 to 2-22-60; number of factory production workers for workers for normal labor turnover purposes 10 percent of the total number of machine normal labor turnover purposes in the oc in the occupations of (1) sewing machine stitchers for normal labor turnover purposes cupations of (1) sewing machine operator, operator, (2) final presser, (3) hand sewer, (cotton & leather palm work gloves). (2) hand sewer, (3) finishing operations in (4) finishing operations involving hand sew The Boss Manufacturing Co., 109 North volving hand sewing for a learning period ing for a learning period each of 480 hours Baylor Street, Breckenridge, Tex., effective each of 480 hours at the rates of at least 90 at the rates of at least 90 cents per hour 2-27-59 to 2-26-60; ten learners for normal cents an hour for the first 280 hours, and not for the first 280 hours, and not less than 95 labor turnover purposes (work gloves). less than 95 cents an hour for the remaining cents per hour for the remaining 200 hours 200 hours (m en’s shirts, topcoats, sport coats (m en’s sack coats). Hosiery Industry Learner Regulations and slacks). Stewartstown Manufacturing Co., Stew- (29 CFR 522.1 to 522.11, as amended, and Carroll Manufacturing Co., Westminster, artstown, Pa., effective 3-1-59 to 8-31-59; 29 CFR 522.40 to 522.43, as amended). Md„ effective 3-1-59 to 8-31-59; five percent five percent of the total number of factory production workers for normal labor turn Athens Hosiery Mills, Inc., Athens Tenn., of the total number of factory production workers for normal labor turnover purposes over purposes in the occupations of (1) sew effective 2-20-59 to 2-19-60; five percent of ing machine operator, (2) fipal presser, (3) the total number of factory production in the occupations of (1) sewing machine operator, (2) final presser, (3) hand sewer, hand sewer, (4) finishing operations involv workers for normal labor turnover purposes ing hand sewing for a learning period each (seamless). (4) finishing operations involving hand sew ing for a learning period each of 480 hours at of 480 horns at the rates of at least 90 cents J. A. Cline & Son, Inc., Hildebran, N.C., per hour for the first 280 hours, and not less effective 3-2-59 to 3-1-60; five percent of the rates of at least 90 cents per hour for the first 280 hours, and not less than 95 cents than 95 cents per hour for the remaining 200 the total number of factory production work hours (men’s sack coats and topcoats). ers for normal labor turnover purposes per hour for the remaining 200 hours (men’s (seamless). sack coats and pan ts). The following learner certificates were Diamond Mills Corp., Hanover Division, Famous-Stemberg, Inc., 950 Poeyfarre issued in Puerto Rico to the companies 3402 South Front Street, Wilmington, N.C., Street, New Orleans, La., effective 3-1-59 to 8-31-59; five percent of the total number of hereinafter named. The effective and effective 2-23-59 to 2—22-60; five percent of expiration dates, learner rates, occupa the total number of factory production work factory production workers for normal labor ers for normal labor turnover purposes turnover purposes in the occupations of (1) tions, learning periods, and the number (ladies’ seamless). sewing machine operator, (2) hand sewer, or proportion of learners authorized to Diamond Mills Corp., Hanover Division, (3) final presser, (4) finishing operations be employed, are as indicated. involving hand sewing for a learning period 3402 South Front Street, Wilmington, N.C., Alfra Bra, Inc., Bayamdn, P.R., effective effective 3-2-59 to 9-rl-59; ninety learners each of 480 hours at the rates of at least 90 cents an hour for the first 280 hours, and not 2-11-59 to 2-10-60; 10 learners for normal for plant expansion purposes (seamless). labor turnover purposes in the occupation of Elliott Hosiery Mills, Hickory, N.C., effec less than 95 cents an hour for the remaining 200 hours (m en’s wool, cotton, and synthetic Sewing machine operators for a learning tive 2-21-59 to 2-20-60; five percent of the period of 480 hours at the rates of 60 cents total number of factory production wbrkers fiber suits, Jackets and trousers). Kewanee Headwear Co., 410 West Second an hour for the first 320 hours and 70 cents for normal labor turnover purposes (men’s an horn: for the remaining 160 hours (bras hosiery— seamless). Street, Kewanee, 111., effective 3-1-59 to 8-31-59; five learners for normal labor turn sieres) . Old Dutch Hosiery Mills, 17th Street SW., Coral Industries, Inc., Humacao, P.R., ef Hickory, N.C., effective 2-25-59 to 8-24-59; over purposes in the occupation of sewing machine operator for a learning period of 240 fective 3-2-59 to 8-1-59; 30 learners for plant twenty-five learners for plant expansion pur expansion purposes in the occupations of (1) poses (half hosiery). hours at the rate of 90 cents an hour (caps). Lion Manufacturing Co., Everett, Pa., effec Foot press operators for a learning period of Yancey ville Knitting Mills, Inc., Yancey- 480 hours at the rates of 66 cents an horn: ville, N.C., effective 3-2-59 to 3-1-60; three tive 3—1—59 to 8-411—59; five percent of the total number of factory production workers for the first 240 hours and 77 cents an hour learners for normal labor turnover purposes for the remaining 240 hours; (2) Assemblers, (children’s anklets). for normal labor turnover purposes in the occupations of (1) sewing machine operator, springers each for a learning period of 240 (2) final presser, (3) hand sewer, (4) finish hours at 66 cents an hour (expansion watch Shoe Industry Learner Regulations (29 bracelets). ing operations involving hand sewing for a CFR 522.1 to 522.11, as amended, and Gordonshire Knitting Mills, Inc., Cayey, 29 CFR 522.50 to 522.55, as amended). learning period each of 480 hours at the rates of at least 90 cents per hour for the first 280 P.R., effective 1-28-59 to 1-27-60; 50 learners Altoona Shoe Co., Inc., 201 Cayuga Avenue, hours, and not less than 95 cents per hour for for normal labor turnover purposes in the Altoona, Pa., effective 2-24-59 to 2-23-60; the remaining 200 hours (men’s sack coats). occupations of (1) Sweater looping, knitting ten percent of the total number of factory Middleburg Manufacturing Co., Hanover, (inc. hand fashion knitting machine oper ator) for a learning period of 480 horns at the production workers for normal labor turn Pa., effective 3-1-59 to 8-31-59; five percent of over purposes (ladles’ casual footwear), the total number of factory production rates of 72 cents an hour for the first 240 hours and 84 cents an hour for the remaining w iiane Po°twear, Inc., 476 Blackman Street, workers for normal labor turnover purposes 240 hours; (2) Machine stitching for a learn Wilkes-Barre, Pa., effective 2-17-59 to in the occupations of (1) sewing machine ing period of 320 hours at the rates of 72 16-60; ten percent of the total number of operator, (2) final presser, (3) hand sewer, lactory production workers 'for normal labor (4) finishing operations involving hand sew cents an hour for the first 160 hours and 84 cents an hour for the remaining 160 hours turnover purposes (ladies’ and children’s ing for a learning period each of 480 hours (sweaters). piayshoes and slippers). at the rates of at least 90 cents per hour for Martinsburg Shoe Co., Inc., 107 Highland the flrfet 280 hours, and not less than 95 cents Jaress Corp., Rio Piedras, P.R., effective “treat, Martinsburg, Pa., effective 2-24-59 to per hour for the remaining 200 hours (men’s 1-28-59 to 7-27-5)9; 10 learners for plant ex ten f>ercent of the total number of pants, slacks and vests). pansion purposes in the occupation of (1) tory production workers for normal labor Mount Union Manufacturing Co., Mount Quality control operation; Soft soldering; twaover purposes (ladies’ plaÿ shoes). Union, Pa., effective 3-1-59 to 8-31-59; five metal stampings each for a learning period fJJf'AHeburg Shoe Co., Schellsburg, Pa., ef- percent of the total number of factory pro of 480 hours at the rates of 75 cents an hour tive 2-24-59 to 2-23-60; ten learners for duction workers for norma! labor turnover for the first 240 hours and 88 cents an hour
à 2316 NOTICES
for the remaining 240 hours (componehts for Signed at Washington, D.C„ this 13th to the Atomic Energy Commission, aircraft engines). day of March 1959. Washington 25, D.C., Attention; Direc Nassau Mills, Inc., Caguas, P R ., effective tor, Division of Licensing and Regulation. 2-2-59 to 2-1-60; 10 learners for normal labor M il t o n B r o o k e , turnover purposes in the occupations of: (1) Authorized Representative Dated at Germantown, Md., this 18th sewing machine operators and final pressers, of the Administrator. day of March 1959. each for a learning period of 480 hours at rates of 54 cents an hour for the first 240 [P.R. Doc. 59-2487; Filed, Mar. 24, 1959; For the Atomic Energy Commission. hours and 63 cents an hour for the second 8:48 a.m.] 240 hours; and (2 )K final assembly of fully H. L. P rice, assembled garments for a learning period of Director, Division of 160 hours, at the rate of 54 cents an hour Licensing and Regulation. (m en’s sleep w ear). ATOMIC ENERGY COMMISSION [Arndt. 5 to License R-10; Amdt. 3 to Con Puerto Rico Hosiery Mills, Inc., Arecibo, struction Permit CPRR-13; Amdt. 4 to P R ., effective 2-2—59 to 8-1-59; 15 learners [Docket Nos 50-32, 50-53, 50-90, 50-91, 50-103] Construction Permit. CPRR-23; Amdt. 2 to for expansion purposes in the occupations Construction Permit CPRR-24; Amdt. 3 to of: (1) Looping and mending, each for a Construction Permit CPRR-27] learning period of 960 hours at the rates of AEROJET-GENERAL NUCLEONICS 50 cents an hour for the first 480 hours and License No. R-10, as amended, issued to 57 cents an hour for the second 480 hours; Notice of Issuance of Amendment to Aerojet-General Nucleonics on March 22, and (2) examining for a learning period of Facility License and Construction 1957, which authorizes operation of reactor 240 hours at the rate of 50 cents an hour Permits Model AGN-201, Serial No. 103 is hereby (seamless Nylon Hosiery). further amended to authorize operation of Puerto Rico Industrial Manufacturing Please take notice that the Atomic the reactor with a high-level flux scram pro Corp., Manati, P R ., effective 2-7-59 to 2-6-60; Energy Commission has issued the vided on all three flux-monitoring channels 10 learners for normal labor turnover pur amendments set forth below comprising and set no higher than 30 percent above the poses in the occupation of sewing machine Amendment No. 5 to License No. R-10, authorized operating power level, as de operator for a learning period of 480 hours at scribed in Aerojet-General Nucleonics’ the rates of 54 cents an hour for the first 240 Amendment No. 3 to Construction Per amendment to its license application dated hours and 63 cents an hour for the 'second mit No. CPRR-13, Amendment No. 4 to January 6, 1959. 240 hours (men’s work pants and shirts) . Construction Permit No. CPRR-23, Construction Permits Nos. CPRR-13, as Weststone Knitting Mills, Inc., San Ger Amendment No. 2 to Construction Per amended, CPRR-23, as amended, CPRR-24, man, P.R., effective 2-16-59 to 8-15—59; 60 mit No. CPRR-24 and Amendment No. 3 as amended, and CPRR-27, as amended, is learners for plant expansion purposes, in the to Construction Permit No. CPRR-27. sued to Aerojet-General Nucleonics on July occupations of: (1) knitting operators for a The amendments authorize operation of 8, 1957, February 20, 1958, February 20, 1958, learning period of 480 hours at the rates of reactor Model AGN-201, Serial No. 103 and August 6, 1958 respectively are hereby 72 cents an hour for the first 240 hours and further amended to authorize construction 84 cents an hour for the second 240 horns; with a high-level flux scram, provided of reactors Model AGN-201, Serial Nos. lié and (2) sewing machine operators and pres on all three flux monitoring channels through 140 and Model AGN-211, Serial Nos. sers, each for a learning period of 320 hours and set no higher than 30 percent above 103 through 110 with high-level flux scrams at rates of 72 cents an hour for the first 160 the authorized operating power level, as provided on all three flux-monitoring chan hours and 84 cents an hour for the second described in the licensee’s amendment to nels as described in Aerojet-General Nucle 160 hours (sweaters). its license application dated January 6, onics’ amendment to its license application Yauco Knitting Mills, Inc., Yauco, P.R., 1959. The amendments also authorize dated January 6, 1959. effective 2-5-59 to 8-4-59; 16 learners for These amendments are effective as of the plant expansion purposes, in the occupations construction of reactors Model AGN-201, date of issuance. of: (1) Knitters and loopers, each for a Serial Nos. 115 through 140 and Model Date of issuance .‘'March 18,1959. learning period of 480 hours at rates of 72 AGN-211, Serial Nos. 103 through 110 cents an hour for the first 240 hours and 84 with high-level flux scrams provided on For the Atomic Energy Commission. cents an hour for the second 240 hours; and all three flux-monitoring channels as de H. L. rice (2) seamers and pressers, each for a learning P , scribed in the said amendment to license Director, Division of period of 320 hours at rates of 72 cents an application dated January 6, 1959. The Licensing and Regulation. hour ‘for the first 160 hours and 84 cents an horn for the second 160 horns (sweaters). Commission has found that construction and operation of the reactors in accord [F R . Doc. 59-2472; Filed, Mar. 24, 1959; The following learner certificate was ance with the licenses as amended will 8:45 a.m.] issued in the Virgin Islands to the com not result in undue hazard to the health pany hereinafter named. The effective and safety of the public and will not be and expiration dates, learner rates, occu inimical to the common defense and pations, learning periods, and the num security. [Docket No. 27-51 ber or proportion of learners authorized The Commission has found that prior WALKER TRUCKING CO. to be employed is indicated. public notice of proposed issuance of Crystal Manufacturing Co., St. Thomas, these amendments is not necessary in Notice of Issuance of Byproduct and V.I., effective 2-4-59 to 8-3-59; 30 learners the public interest since tjie construc Source Material License To Provide for plant expansion purposes in the occupa tion and operation of the reactors as pro tions of assembly of costume jewelry, linking, posed does not present any substantial Radioactive Waste Disposal Service sewing earrings, tipping and stringing, and changes in the hazards to the health and knotting; each for a learning period of 160 On August 29, 1958, the Commission hours at the rate of 45 cents an hour (cos safety of the public from those presented published a notice in the F ederal R egis tume jewelry). by the previously approved activities. ter (23 F.R. 6723) of the proposed issu In accordance with the Commission’s ance of a byproduct and source material Each learner certificate has been issued rules of practice (10 CFR Part 2) the license to The Walker Trucking Com upon the representations of the employer Commission will direct the holding of a pany, 1283-1285 East Street, New Britain, which, among other things, were that formal hearing on the matter of the is Connecticut, authorizing the disposal of employment of learners at subminimum suance of the license amendments upon certain radioactive waste in the Atlantic rates is necessary in order to prevent receipt of a request therefor from the Ocean. A 15-day period was provided in curtailment of opportunities for employ licensee or an intervener within thirty which a request for intervention and for ment, and that experienced workers for days after issuance of the license amend a formal hearing could be made. In ac the learner occupations are not avail ments. For further details see (1) the cordance therewith the Town of Port able. The certificates may be annulled application for license amendments sub land, Connecticut and Walter A. Lynch, or withdrawn, as indicated therein, in mitted by Aerojet-General Nucleonics Jr., were permitted to intervene and a the manner provided in Part 528 of Title and (2) a hazards analysis of the pro formal hearing was held in Hartford, 29 of the Code of Federal Regulations. posed activities prepared by the Division Any person aggrieved by the issuance of Connecticut on November 19, 1958. of Licensing and Regulation, both on Elliott Earl also requested permission to any of these certificates may seek a re file at the Commission’s Public Document view or reconsideration thereof within Room, 1717 H Street NW., Washington, intervene on behalf of himself and the fifteen days after publication of this D.C. A copy of item (2) above may be Institute of Nuclear Serology of Man notice in the F ederal R egister pursuant obtained at the Commission’s Public Doc chester, Connecticut. The hearing ex to the provisions of 29 CFR 522.9. ument Room or upon request addressed aminer denied this request. Wednesday, March 25, 1959 FEDERAL REGISTER 2317
On December 24, 1958, the hearing tion permit, was published in the F ederal objection by counsel for applicant and examiner delivered his Intermediate De R egister on March 3, 1959, 24 F.R. 1575. the Common Carrier Bureau, I t is cision making findings as to the safety ordered, This 19th day of March 1959, Dated at Germantown, Md., this 18th that the hearing now scheduled for April of the proposed operation and ordered day of March 1959. that a license be issued to The Walker 29,1959, is continued to Wednesday, May Trucking Company unless exceptions For the Atomic Energy Commission. 13, 1959, at 10 a.m., in the offices of the Commission, Washington, D.C. were filed by January 18, 1959. No ex H . L. P r ic e , ceptions were filed other than by letter Director, Division of Released: March 19,1959. dated December 27, 1958, Mr. Earl tend Licensing and Regulation. ered for filing an “Exception” to the F ederal C ommunications hearing examiner's intermediate deci [F.R. Doc. 59-2473; Filed, Mar. 24, 1959; C o m m is s io n , sion. By letter dated January 6, 1959, 8:45 a.m.] [ s e a l I M a r y J a n e M o r r is, Mr. Earl tendered for filing a “State Secretary. ment” in support of his “ Exception” . By [F.R. Doc. 59-2506; Filed, Mar. 24, 1959; a Memorandum and Order dated March FEDERAL COMMUNICATIONS 8:51 a.m.] 3, 1959, the Atomic Energy Commission ruled that the hearing examiner’s ruling COMMISSION denying- intervention in the proceedings [Docket No. 12560; FCC 59M-338] by Elliott Earl was affirmed and the “Ex [Docket No. 12696; FCC 59M-356] ception” and “Statement” were not ac LAKESIDE BROADCASTERS cepted for filing as an excteption to the BOOTH BROADCASTING CO. Order Continuing Hearing intermediate decision of the hearing Order Continuing Hearing examiner. In re application of Edward J. Jansen In view of the foregoing the Atomic and Keith Jack Rudd, d/b as Lakeside In re application of Booth Broadcast Energy Commission has issued effective Broadcasters, Sparks, Nevada, Docket No. ing Company (W BBC ), Flint, Michigan, as of this date the byproduct and source 12560, File No. BP-11656; for construc Docket No. 12696, pile No. BP-11661, for material license substantially in the tion permit. construction permit. form published in the F ederal R egister The Hearing Examiner has before him The Hearing Examiner having under as noted above. For further details see a petition for continuance of hearing in consideration an oral request on behalf (1) the record of the hearing in this case the above-entitled matter from March of the Broadcast Bureau for a continu including’ the application for license, (2) 19, 1959, to March 27, 1959, filed on be ance of the hearing now scheduled to the Intermediate Decision of the hearing half of Lakeside Broadcasters on March commence on March 20, 1959 ; examiner dated December 24, 1958, and 13, 1959; and It appearing that there is no opposition (3) the Memorandum and Order of the It appearing that the other parties to to the requested continuance and good Commission dated March 3, 1959, all on the proceeding have no objection to cause having been stated; file at the Commission’s Public Docu grant of the said petition; and It is ordered, This 19th day of March ment Room, 1717 H Street NW., Wash It appearing that hearing rooms are 1959, that the hearing is continued from ington, D.C. not available on the date requested but March 20 to March 25, 1959. The license issued to The Walker are available at the later date set forth Released: March 20, 1959. Trucking Company differs from the pro below; posed license in that the expiration date I t is ordered, This 17th day of March F ederal C ommunications has been changed from August 31, 1960, 1959, that so much of Lakeside Broad C o m m is s io n , to March 31, 1961, and that Condition 7 casters’ petition as seeks continuance [ s e a l ] M a r y J a n e M o rris, . has been amended to authorize an in is granted; and on the Examiner’s own Secretary. crease in the quantities of radioactive motion the hearing now scheduled for [F.R. Doc. 59-2507; Filed, Mar. 24, 1959; material which may be transported in March 19, 1959, is continued to April 8:51 a.m.] certain specified containers from 2.0 1, 1959. curies to 2.7 curies to conform with Inter state Commerce Commission regulations. Released: March 18, 1959. Dated at Germantown, Md., this 18th F ederal C ommunications [Docket No. 12725; FCC 59M-347] day of March 1959. C o m m is s io n , [ s e a l ] M a r y J a n e M o r r is, JOHN G. MURLEY For the Atomic Energy Commission. Secretary. Order Continuing Hearing H . L. P r ic e , [F.R. Doc. 59-2505; Filed, Mar. 24, 1959; Director, Division of 8:51 a.m.] In the matter of John G. Murley, Licensing and Regulation, 107 North William Street, Fairhaven, Massachusetts, Docket No. 12725; order [FH. Doc. 59-2472; Piled, Mar. 24, 1959; to show cause why there should not be ,6:45 a.m.] [Docket Nos. 12682,12683; FCC 59M-353] revoked the license for Radio Station WB-3638 aboard the vessel “ Teresa and TEXAS TWO-WAY COMMUNICA Jean”. TIONS It appearing, that a “Motion to Cancel [Docket No. 50-8] Order Continuing Hearing Hearing and Issue an Initial Decision NORTH CAROLINA STATE COLLEGE and Revocation Order” has been filed In the matter of applications of J. E. on March 17, 1959, by the Chief, Safety Notice of Issuance of Construction Moore, Jr., Wm. R. Lastinger, and J. L. and Special Radio Services Bureau, Fed Permit Sheerin, d/b as Texas Two-Way Com eral Communications Commission; munications, for a construction permit It further appearing, that the Hearing Please take notice that no requests for to establish a new two-way common car Examiner is required by §§ 1.18(d) and formal hearing having been filed follow rier station in the Domestic Public Land 1.43 of the Commission’s rules to with ing filing of a notice of proposed action Mobile Radio Service in Dallas, Texas hold consideration of said motion until with the Federal Register Division on (call sign KKT409), Docket No. 12682, after it will have been on file for a period March 2, 1959, the Atomic Energy Com File No. 11-C2-P-59; and for a construc of time ending several days after March mission has issued Construction Permit tion permit to establish a new two-way 18,1959, which is the date now scheduled n°ii ^ ^ ® ~ 3 4 to North Carolina State common carrier station in the Domestic for the hearing in this proceeding; u>uege authorizing removal of the Public Land Mobile Radio Service in Fort Accordingly, it is ordered, This 18th w + lgh ^search Reactor to another Worth, Texas (call sign KKT410), day of March 1959, that the hearing now location on its campus at Raleigh, North Docket No. 12683, File No. 13-C2-P-59. scheduled for March 19, 1959, is con ?r°“ na- Notice of the proposed action, On the oral request of counsel for tinued, pending disposition of the above- inch set forth the proposed construc- Protestant and intervenors, and without described motion, to Thursday, April 9, 2318 NOTICES
1959, at 10:00 a.m., in the offices of the No. 12808, File No. BP-12011; for con Commission, Washington, D.C. struction permit for a new standard FEDERAL POWER COMMISSION Released: March 19, 1959. broadcast station. [Docket Nos. G-17995, G-17996] lt'is ordered, This 17th day of March F ederal C ommunications 1959, that Jay A. Kyle will preside at the KERR-McGEE OIL INDUSTRIES, INC., C o m m is s io n , hearing in the above-entitled proceeding ET AL. M a r t Ja n e M o r r is, which is hereby scheduled to commence Secretary. on May 1,1959, in Washington, D.C. Order for Hearings and Suspending [F.R. Doc. 59-2508; Filed, Mar. 24, 1959; Released: March 18,1959. Proposed Changes in Rates 1 8:51 a.m.] M arch 18, 1959. F ederal C ommunications C o m m is s io n , In the matters of Kerr-McGee Oil In [ s e a l ] M a r y J a n e M o r r is, dustries, Inc., Docket No. G-17995; and [Docket No. 12806; FCC 59M-340] Secretary. Texas Company (Operator), et al., Docket No. G-17996. A AND B AUTO SUPPLY, INC. [F.R. Doc. 59-2511; Filed, Mar. 24, 1959; On February 16,1959, Kerr-McKee Oil 8:51 a.m.] Industries, Inc. (Kerr-McGee) and The Order Scheduling Hearing Texas Company (Operator) et al. In the matter of A and B Auto Supply, (Texas) tendered for filing proposed Inc., 4950 N.E. Union, Portland, Oregon, [Docket No. 12809; FCCE9M-342] changes in their presently effective rate Docket No. 12806; order to show cause schedules * for sales of natural gas sub why there should not be revoked the JOSEPH F. SHERIDAN ject to the jurisdiction of the Commis license for Radio Station WK-6059 sion. The proposed changes, which con abord the vessel “June E.” Order Scheduling Hearing stitute increased rates and charges, are I t is ordered, This 17th day of March contained in the following designated 1959, that Elizabeth C. Smith will preside In re application of Joseph F. Sheri filings: dan, Ukiah, California, Docket No. 12809, at the hearing in the above-entitled pro Description: Notice of change dated Feb ceeding which is hereby scheduled to File No. BP-11431; for construction ruary 13, 1959 in Docket No. G-17995. Notice commence on May 1, 1959, in Washing permit for a new standard broadcast of change, undated in Docket No. G-17996i ton, D.C. station. Purchaser: Natural Gas Pipeline Company I t is ordered, This 17th day of March of America. Released: March 18, 1959. 1959, that Annie Neal Huntting will pre Rate schedule designation: Supplement No. 4 to Kerr-McGee’s FPC Gas Rate Sched F ederal C ommunications side at the hearing in the above-entitled proceeding which is hereby scheduled to ule No. 46. Supplement No. 19 to Texas’ C o m m is s io n , FPC Gas Rate Schedule No. 133. [ seal ] M a r y Ja n e M o r r is, commence on May 1, 1959, in Washing Effective date: March 21, 1959 (effective Secretary. ton, D.C. date' is the date proposed by both Kerr- McGee and Texas) . [F.R. Doc. 59-2509; Filed, Mar. 24, 1959; Released: March 18,1959. 8:51 a.m.] F ederal C ommunications In support of the proposed periodic in - C o m m is s io n , creases both Kerr-McGee and Texas cite M a r y Ja n e M o r r is, the contract provisions, state that the Secretary. contracts were negotiated at arm’s length [Docket No. 12807; FCC 59M-343] and further state that the proposed rates [F.R. Doc. 59-2512; Filed, Mar. 24, 1959; are just, reasonable and necessary to en LORENZO SCOLA 8:51 a.m.] courage further exploration. Texas also Order Scheduling Hearing refers to testimony submitted in evidence in the rate proceedings in Docket No. In the matter of Lorenzo Scola, 35 G-8969 purporting to show an increase Cooper Street, Boston, Massachusetts, [Docket No. 12809; FCC 59M-349] in expenses between 1947 and 1956. Docket No. 12807; order to show cause JOSEPH F. SHERIDAN The increased rates and charges so why there should not be revoked the proposed have not been shown to be Licence for Radio Station WA-8502 Order Continuing Hearing Conference justified, and may be unjust, unreason aboard the vessel “Nancy B.” able, unduly discriminatory or prefer I t is ordered, This 17th day of March In re application of Joseph F. Sheri ential, or otherwise unlawful. 1959, that Basil P. Cooper will preside dan, Ukiah, California, Docket No. 12809, The Commission finds: It is necessary at the hearing in the above-entitled pro File No. BP-11431, for construction and proper in the public interest and to ceeding which is hereby scheduled to permit. aid in the enforcement of the provisions commence on May 1, 1959, in Washing The Hearing Examiner having under of the Natural Gas Act that the Com ton, D.C. consideration the above-entitled pro mission enter upon hearings concerning Released; March 18, 1959. ceeding; the lawfulness of the proposed changes, I t is ordered, This 19th day of March and that Supplement No. 4 to Kerr- F ederal C ommunications 1959, that all parties, or their attorneys, McGee’s FPC Gas Rate Schedule No. 46 C o m m is s io n , who desire to participate in the proceed and Supplement No. 19 to Texas’ FPC [ s e a l ] M a r y J a n e M o r r is, ing, are directed to appear for a prehear Gas Rate Schedule No. 133 be suspended Secretary. ing conference, pursuant to the provi and the use thereof deferred as herein [FJR. Doc. 59-2510; Filed, Mar. 24, 1959; sions o f section 1.111 of the Commission’s after ordered. 8:51 a.m.] rules, at the Commission’s offices in The Commission orders: Washington, D.C., at 10:00 a.m., April (A ) Pursuant to the authority of the 6, 1959. Natural Gas Act, particularly sections 4
[Docket No. 12808; FCC 59M-341] Released: March 19, 1959. 1 This order does not provide for the con solidation for hearing of the above dockets, F ederal C ommunications EASTON BROADCASTING CO. nor should it be so construed. C o m m is s io n , 2 Supplement No. 3 to Kerr-McGee’s FPC Order Scheduling Hearing [ s e a l ] M a r y J a n e M o r r is, Gas Rate Schedule No. 46 is in effect subject In re application of Richard S. Cobb Secretary. to refund in Docket No. G-14663, and Supple and Mary Cobb, d/b as Easton Broad ment No. 15 to Texas’ FPC Gas Rate Schedule [FJR. Doc. 59-2513; Filed, Mar. 24, 1959; No. 133 is in effect subject to refund in casting Co., Easton, Maryland, Docket 8:51 am.] Docket No. G-14620. Wednesday, March 25, 1959 FEDERAL REGISTER 2319 and 15 thereof, the Commission’s rules proposed changes, which constitute in of practice and procedure, and the regu creased rates and charges, are contained INTERSTATE COMMERCE lations under the Natural Gas Act . (18 in the following designated filings; CFR Ch. I ) , public hearings be held upon COMMISSION a date to be fixed by notices from the Respondent Rate Supp. Date of uptioe [Notice 78] Secretary concerning the lawfulness of sched. No. of change the proposed rates and charges con MOTOR CARRIER ALTERNATE ROUTE tained in Supplement No. A to Kerr- 1. Jefferson Lake Sulphur 2 6 Undated’ Co. (operator), et al. DEVIATION NOTICE McGee’s FPC Gas Rate Schedule No. 46 2. Tidewater Oil Co_____ 54 4 Feb. 12,1959 M ar ch and Supplement No. 19 to Texas’ FPC 3. Tidewater Oil Co. 62 5 Do. 20,1959. Gas Rate Schedule No. 133. (operator), et al. The following letter-notices of pro (B) Pending such hearings and deci posals to operate over deviation routes sions thereon, said supplements are sus In support of its proposed increase for operating convenience only with no pended and the use thereof deferred un Jefferson Lake Sulphur Company (Oper service at intermediate points have been til August 21, 1959, and thereafter until ator) et al. cites the favored-nation pro filed with the Interstate Commerce Com- • each is made effective in the manner visions of the contract and the pur mission, under the Commission’s Special prescribed by the Natural Gas Act. chaser’s letter. Tidewater Oil Company Rules Revised, 1957 (49 CFR 211.1(c) (C) Neither the supplements hereby (Tidewater), in support of its increases, (8)) and notice thereof to all interested suspended nor the rate schedules sought also cites the contract provisions and persons is hereby given as provided in to be altered thereby shall be changed submits copies of the purchaser's letter. such rules (49 CFR 211.1(d) (4)). until these proceedings have been dis Tidewater further states that the con Protests against the use of any pro posed of or until the periods of suspen tracts resulted from arm’s length bar posed deviation route herein described sion have expired, unless otherwise or gaining, and the pricing provisions were may be filed with the Interstate Com dered by the Commission. designed to protect the seller against merce Commission in the manner and (D) Interested State commissions may discrimination in the area. form provided in such rules (49 CFR participate as provided by §§1.8 and The increased rates and charges so 211.1 (e)) at any time but will not operate 1.37(f) of the Commission’s rules of prac proposed have not been shown to be to stay commencement of the proposed tice and procedure (18 CFR 1.8 and justified, and may be unjust, unreason operations unless filed within 30 days 1.37(f)). able, unduly discriminatory or preferen from the date of publication. tial, or otherwise unlawful. Successively filed letter-notices of the By the Commission (Commissioners The Commission finds: It is necessary same carrier under the Commission’s Kline and Hussey dissenting). and proper in the public interest and to Deviation Rules Revised, 1957, will be [ seal] J o s e ph H. G u t r id e , aid in the enforcement of the provisions numbered consecutively for convenience Secretary. of the Natural Gas Act that the Commis in identification and protests if any sion enter upon hearings concerning the shpuld refer to such letter-notices by [F.R. Doc. 59-2475; Filed, Mar. 24, 1959; lawfulness of the several proposed number. 8:45 a.m.] changes and that each of the above-des M o to r C arriers o p P r o p e r t y ignated supplements be suspended and the use thereof deferred as hereinafter No. MC 421839 (Deviation No. 1), ordered. MANNING FREIGHT LINES, INC., P.O. [Docket No. G-17997 etc.] The Commission orders; Box 1551, Yakima, Wash., filed »February JEFFERSON LAKE SULPHUR CO. ET AL. (A) Pursuant to the authority of the 20, 1959. Attorney for said carrier, Natural Gas Act, particularly sections James T. Johnson, 1111 Northern Life Order for Hearings and Suspending 4 and 15 thereof, the Commission’s rules Tower, Seattle 1, Wash. Carrier pro poses to operate as a comomn carrier by Proposed Changes in Rates of practice and procedure, and the regu x lations under the Natural Gas Act (18 motor vehicle of general commodities, ' M arch 18,1959. CFR, Ch. I ), public hearings be held with certain exceptions, over two devia upon dates to be fixed by notices from the tion routes (A ) between Seattle, Wash., In the matters of Jefferson Lake Sul and North Bend, Wash., as follows: from phur Company (Operator) et al. Docket Secretary concerning the lawfulness of the several proposed increased rates and Seattle over New U.S. Highway 10 to No. G-17997; Tidewater Oil Company, North Bend; and (B) between Vancou Docket No. G-17998, and Tidewater Oil charges contained in the above-desig nated supplements. ver, Wash., and Tacoma, Wash., as fol Company (Operator) et al, Docket No. lows: from Vancouver over U.S. Highway G-17999. (B ) Pending hearings and decision thereon, the aforesaid supplements each 99 and access routes to Tacoma; and re On February 16,1959, the above-named hereby are suspended until August 19, turn over the same routes, for operating Respondents tendered Notices of Change 1959, and thereafter until each is made convenience only, serving no intermedi which proposed increased rates and effective in the manner prescribed by the ate points. The notice indicates that the charges in their presently effective rate carrier is presently authorized to trans schedules2 for sales of natural gas sub Natural Gas Act. (C) Neither the supplements hereby port the same commodities over the fol ject to the jurisdiction of the Commis suspended, nor the rate schedules sought lowing pertinent routes: from Seattle, sion. All of the Respondents propose an to be altered thereby, shall be changed Wash., over old U.S. Highway 10 to North effective date of March 19, 1959, and the until these proceedings have been dis Bend, Wash.; and from Portland, Oreg., Purchaser in each case is Transconti posed of or until the periods of suspen over U.S. Highway 99 to Vancouver, nental Gas Pipe Line Corporation. The sion have expired, unless otherwise or Wash., thence over U.S. Highway 830 to 1 This order does not provide for the con dered by the Commission. Maryhill, Wash., thence over U.S. High solidation for hearing of the above dockets, (D) Interested State commission may way 97 to Teanaway, Wash., thence over nor should it be so construed. participate as provided by §§1.8 and U.S. Highway 10 to Seattle, thence over 3 Supplement No. 4 to Jefferson Lake Sul1.37(f) of the Commission’s rules of prac U.S. Highway 99 to Tacoma, Wash.; and phur Company (Operator) et al.’s FPC Gas tice and procedure (18 CFR 1.8 and return over the same routes. «ate Schedule No. 2 is in effect subject to 1.37(f)). No. MC 66562 (Deviation No. 3), R A IL refund in Docket No. G-15850. Supplement WAY EXPRESS AGENCY INCORPO «o. 2 to Tidewater Oil Company’s FPO Gas By the Commission. RATED, 219 East 42d Street, New York «ate Schedule No. 54 is in effect subject to refund in Docket No. G-17668. Supplement 17, N.Y., filed March 16, 1959. Attorney [ s e a l ] J o s e p h H . G u t r id e , for said carrier, William H. Marx, 219 E. No. 3 to Tidewater Oil Company (Operator) Secretary. ofr t'8 Rate Schedule No. 62 is in 42d Street, New York 17, N.Y. Carrier 17599 Sub-lect to refund in Docket No. G - [F.R. Doc. 59-2476; Filed, Mar. 24, 1959; proposes to operate as a common carrier 8:46 a.m.] by motor vehicle of general commodities, '2320 NOTICES
with certain exceptions, over a deviation Cedar Rapids, Iowa, and junction U.S. and Gallup, N. Mex., from Cortez over route, between junction New York High Highways 275 and 73-75 at Omaha, U.S. Highway 666 to Gallup, and return ways 22 and 346 at North Petersburg, Nebr., over the following pertinent route: over the same route, serving all inter N Y ., and Williamstown, Mass., as fol from Cedar Rapids over U.S. Highway mediate points; (2) between Durango lows: from junction New York Highways 30 to junction Iowa Highway 141, thence Colo., and Gallup, N. Mex., from Du 22 and 346 over New York Highway 22 to over Iowa Highway 141 to junction U.S. rango over U.S. Highway 550 to Ship- junction New York Highway 2, thence Highway 77, thence over U.S. Highway rock, N. Mex., thence over U.S. Highway over New York Highway 2 to the New 77 to junction Nebraska Highway 32, 666 to Gallup, and return over the same York-Massachusetts State line, thence thence over Nebraska Highway 32 to route, serving all intermediate points. over Massachusetts Highway 2 to W il junction U.S. Highway 275, thence over Applicant is authorized to conduct oper liamstown and return over the same U.S. Highway 275 to junction U.S. High ations in Washington, Oregon, Idaho, route, for operating convenience only, way 73-75 at Omaha. Colorado, Utah, Nevada, California, New serving no intermediate points. The Mexico, and Arizona. M otor C arriers o f P assengers notice indicates that the carrier is pres- HEARING: May 20, 1959, at the New * ently authorized to transport the same No. MC 1940 (Deviation No. 3), Mexico State Corporation Commission, commodities over the following pertinent TRAILWAYS OP NEW ENGLAND, INC., Santa Pe, N. Mex., before Joint Board routes: from Albany, N.Y., over combined 820 T Street, NE., Washington 18, D.C., No. 125, or, if the Joint Board waives its New York Highways 2 and 32 to junction filed March 13, 1959. Attorney for said right to participate, before Examiner New York Highway 7, thence over New carrier, Julian P. Freret, Continental Robert A. Joyner. York Highway 7 to Troy, N.Y., thence Building, 14th at K NW., Washington 5, No. MC 730 (Sub No. 133), filed Feb over New York Highway 40 to junction D.C. Carrier proposes to operate as a ruary 24, 1959. Applicant: PACIFIC New York Highway 67, thence over New common carrier by motor vehicle of " INTERMOUNTAIN EXPRESS CO., a York Highway 67 to North Hoosick, N.Y., passengers over a deviation route, be corporation, 1417 Clay Street, Oakland, and thence over New York Highway 22 to tween Hartford, Conn., and Windsor Calif. Authority sought to operate as Hoosick Palls, N.Y.; and from Hoosick Locks, Conn., as follows: from the bus a common carrier, by motor vehicle, over Palls over New York Highway 22 to North terminal at Hartford over presently au a regular route, transporting: General Petersburg, N.Y., thence over New York thorized route to the junction of Main commodities, except those of unusual Highway 346 to the New York-Vermont Street and Veterans Highway, thence value, Class A and B explosives, house State line, thence over Vermont High over Veterans Highway through the hold goods as defined by the Commission, way 346 to Pownal, Vt., thence over U.S. Town of Windsor and Windsor Locks to commodities in bulk, and those requiring Highway 7 to Williamstown, Mass., junction U.S. Highway 5A in Windsor special equipment, between Los Angeles, thence over Massachusetts Highway 2 to Locks and return over the same route, Calif., and Wichita, Kans., from Los North Adams, Mass.; and return over the for operating convenience only, serving Angeles over UJS. Highway 70 to junc same routes. no intermediate points. The notice in tion Arizona Highway 71, thence over No. MC 78463 (Deviation No. 1), HART dicates that the carrier is presently au Arizona Highway 71 to Congress, Ariz., MOTOR EXPRESS, INC., 2600 Univer thorized to transport passengers between thence over U.S. Highway 89 to junction sity Ave. SE., Minheapolis, Minn., filed Hartford, Conm, and Windsor Locks, U.S. Highway 66 near Ash Pork, Ariz., March 16, 1959. Attorney for said car Conn., over U.S. Highway 5A and Con thence over U.S. Highway 66 to Tucum- rier, Clay R. Moore, 1100 First National- necticut Highways 9 and 17 via Middle- cari, N. Mex., thence over U.S. Highway Soo Line Bldg., Minneapolis 2, Minn. town, Conn. 54 to Wichita, and return over the same Carrier proposes to operate as a common By the Commission. route, serving Colton, Calif., as an inter carrier by motor vehicle of general com mediate point. Applicant is authorized modities, with certain exceptions, over a [ s e a l ] H arold D . M cC o y , to conduct operations in Arizona,' Cali deviation route, between Valley City, N. Secretary. fornia, Colorado, Idaho, Illinois, Iowa, Dak., and Jamestown, N. Dak., as fol Kansas, Missouri, Montana, Nebraska, lows: from junction U.S. Highways 10, [F.R. Doc. 59-2499; Filed, Mar. 24, 1959; 8:50 a.m.] Nevada, New Mexico, Oklahoma, Oregon, 52, and 94, approximately two miles east Utah, Washington, Wisconsin,' and of Valley City, over U.S. Highway 94 to Wyoming. junction U.S. Highway 10, south of Note:. Applicant requests that any dupli Jamestown and return over the same [Notice 261] cation of authority shall not be construed route, for operating convenience only, as conferring more than a single operating serving no intermediate points. The MOTOR CARRIER APPLICATIONS right. Applicant states that Colton, Calif., notice indicates that the carrier is pres is proposed to be served for the purpose of ently authorized to transport the same M arch 20,1959. joinder only with applicant’s authorized commodities between Valley City, N. The following applications are gov regular routes. Dak., and Jamestown, N. Dak., over U.S. erned by the Interstate Commerce Com HEARING: May 11, 1959, at the Fed Highways 52 and 10. mission’s special rules governing notice eral Building, Los Angeles, Calif., before No. MC 97699 Sub 2 (Deviation No. 1), of filing of applications by motor carriers Examiner P. Roy Linn. BARBER TRANSPORTATION CO., P.O. of property or passengers and by brokers No. MC 1942 (Sub No. 4), filed Febru Drawer 1431, Rapid City, S. Dak., filed under sections 206, 209, and 211 of the ary 20, 1959. Applicant: MARVIN March 16, 1959. Carrier proposes to Interstate Commerce Act and certain STROBEL AND M ERRITT MCDONALD, operate as a common carrier by motor other procedural matters with respect a partnership, doing business as RICH vehicle of general commodities, with cer thereto. MOND TRUCK LINE, Richmond, Kans. tain exceptions, over a deviation route, All hearings will be called at 9:30 Applicant’s attorney: James L. Grimes, between Cedar Rapids, Iowa, and junc o’clock a.m., United States standard time Jr., First National Bank Building, tion U.S. Highway 73-75 and 275 at (or 9:30 ©’clock a.m., local daylight sav Topeka, Kans. Authority sought to Omaha, Nebr., as follows: from Cedar ing time), unless otherwise specified. operate as a common carrier, by motor Rapids over U.S. Highway 218 to junc A pplications A s sig n e d for O ral H ear ing vehicle, over irregular routes, transport tion U.S. Highway 6, thence over U.S. or P r e -H ear in g C o n f e r e n c e ing: Manufactured, finished church fur Highway 6 to junction U.S. Highway 63, niture, set up and/or knocked down, thence over U.S. Highway 63 to junction MOTOR CARRIERS OF PROPERTY from Garnett, Kans. to points in Ohio, U.S. Highway 34, thence over U.S. High No. MC 263 (Sub No. 98), filed August Kansas, Missouri, Iowa, Nebraska, Okla way 34 to junction U.S. Highway 73-75, 28, 1958. Applicant: GARRETT homa, Pennsylvania, Illinois and Texas. thence over U.S. Highway 73-75 to junc FREIGHTLINES, INC., 2055 Pole Line Applicant is authorized to conduct oper tion U.S. Highway 275 at Omaha and Road, Pocatello, Idaho. Applicant’s at ations in Kansas and Missouri. return over the same route, for operating torney: Maurice H. Greene, Boise, Idaho. HEARING: May 11,1959, at the Hotel convenience only, serving no interme Authority sought to operate as a com Kansan, Topeka, Kans., before Examiner diate points. The notice indicates that mon carrier, by motor vehicle, over regu Harold W. Angle. the carrier is presently authorized to lar routes, transporting: Class A and B No. MC 2202 (Sub No. 170), filed Janu transport the same commodities between explosives, (1) between Cortez, Colo., ary 28, 1959. Applicant: ROADWAY Wednesday, March 25, 1959 FEDERAL REGISTER 2321
EXPRESS, INC., 147 Park Street, P.O. No. MC 5267 (Sub No. 11) , filed Janu Wyoming State line northwesterly along Box 471, Akron 9, Ohio. Applicant’s ary 26, 1959. Applicant: WILLIAM R. U.S. Highway 287 through Rawlins, and attorney: William O. Turney, 2001 Mas BLUMFIELD AND OLIVET ATWOOD to Lander, thence northeasterly along sachusetts Avenue NW., Washington 6, BRUMFIELD, doing business as AT Wyoming Highway 789 to Shoshoni, D.C. Authority sought to operate as a WOOD TRUCK LINE, Route 1, Fort thence along U.S. Highway 20 to common carrier, by motor vehicle, trans Morgan, Colo. Applicant’s attorney: Thermopolis, thence northwesterly along porting: General commodities, except Alvin J. Meiklejohn, Jr., 526 Denham Wyoming Highway 120 to Cody, thence those of unusual value, Class A and B Building, Denver 2, Colo. Authority northeasterly along Wyoming Highway explosives, livestock, household goods as sought, to operate as a common carrier, 14 to Powell, thence northerly over un defined by the Commission, commodities by motor vehicle, over irregular routes, numbered highway to Elk Basin, and, in bulk, and those requiring special transporting: (1) Cement, from Boet thence north along a line running equipment, serving Fredericksburg, Ohio, tcher, Colo., and points within Sm iles straight north and south, through Elk as an off-route point in connection with thereof, to points in Albany, Carbon, Basin, to the Wyoming-Montana State applicant’s authorized regular route Converse, Fremont, Goshen, Hot Springs, line. n . From Torrington, Wyo., and operations to and from Wooster, Ohio. Laramie, Natrona, Niobrara, Platte, and points within ten (10) miles thereof, to: Applicant is authorized to conduct oper Weston Counties, Wyo., those in Ne (1) points in South Dakota on and west ations in Alabama, Connecticut, Georgia, braska in and west of Chase, Deuel, of a line as described in I (1) above, from Illinois, Indiana, Kansas, Kentucky, Dundy, Garden, Keith, Perkins and Gering, Nebr.; (2) points in Colorado on, Maryland, Michigan, Missouri, liew Jer Sheridan Counties, and those in Kansas north and east of a line as_described in I sey, New York, North Carolina, Ohio, on and west of U.S. Highway 283; (2) (2) above, from Gering, Nebr.; and (3) Oklahoma, Pennsylvania, South Caro Limestone and its products and by-prod points in Nebraska on and west of U.S. lina, Tennessee, Texas, Virginia, West ucts, (a) between points in Colorado and Highway 183. Applicant is authorized to Virginia, Wisconsin, and the District of Wyoming and (b) from points in Colo conduct operations in Wyoming, Colo Columbia. rado to points in Nebraska and Kansas. rado, Kansas, Nebraska, South Dakota, HEARING: May 8, 1959, at the New Applicant is authorized to conduct op Utah, Missouri, and Idaho. Post Office Building, Columbus, Ohio, erations in Iowa, Nebraska, Colorado, HEARING: May 11, 1959, at the New before Joint Board No. 117. and Wyoming. Customs House, Denver, Colo., before No. MC 2229 (Sub No. 94), filed De HEARING: May 18, 1959, at the New Examiner Robert A. Joyner. cember 29, 1958. Applicant: RED BALL Customs House, Denver, Colo., before No. MC 9895 (Sub No. 103), filed Jan MOTOR FREIGHT, INC., 1210 S. Lamar, Examiner Robert A. Joyner. uary 30, 1959. Applicant: DENVER- P.O. Box 3148, Dallas, Tex. Applicant’s No. MC 8681 (Sub No. -72), filed Janu CHICAGO TRANSPORT COMPANY, attorney: Scott' P. Sayers, 817 Taylor ary 19, 1959. Applicant: WESTERN INC., East 45th Avenue and Jackson Street, Fort Worth, Tex. Authority AUTO TRANSPORTS, INC., 430 South Street, P.O. Box 838, Denver, Colo. Ap sought to operate as a common carrier, Navajo Street, Denver, Colo. Applicants plicant’s attorney: Alvin J. Meiklejohn, by motor vehicle, over regular routes, attorney : Louis E. Smith, Suite 503,1800 Jr., 526 Denham Building, Denver 2, Colo. transporting: General commodities, in North Meridian Street, Indianapolis 2, Authority sought to operate as a common cluding Class A and B explosives, but Ex Ind. Authority sought to operate as a carrier, by motor vehicle, over irregular cluding commodities in bulk, commodi common carrier, by motor vehicle, over routes, transporting: ( i ) Petroleum and ties of unusual value, household goods irregular routes, transporting: Turret petroleum products, from points in W y as defined by the Commission, and com derricks, in truckaway service, from oming to points in Idaho; and (2) Pe modities requiring special equipment, be Denver, Colo., to all points in the United troleum products, in bulk, in tank tween Beaumont, Tex., and junction States; and damaged shipments of the vehicles, from points in Colorado to Texas Highways 124 and 73: from Beau above described units on return. Ap points in that part of South Dakota on mont over Texas Highway 124 to junction plicant is authorized to conduct opera and west of a line extending from the Texas Highways 124 and 73, and return tions throughout the United States. North Dakota-South Dakota State line over the same route, serving no inter HEARING: May 13, 1959, at the New along South Dakota Highway 45 to junc mediate points, and serving the termini Customs House, Denver, Colo., before tion U.S. Highway 16, thence in an east for joinder.only, as an alternate route for Examiner Robert A. Joyner. erly direction along U.S. Highway 16 to operating convenience only, in connec No. MC 9895 (Sub No. 101), filed De junction U.S. Highway 281, thence along tion with applicant’s authorized regular cember 29, 1958. Applicant: DENVER- U.S. Highway 281 to the South Dakota- route authority. Applicant is author CHICAGO TRANSPORT COMPANY, Nebraska State line. Applicant is au ized to conduct operations in Arkansas, INC., East 45th Avenue at Jackson thorized to conduct operations in Colo Louisiana, New Mexico, Oklahoma, and Street, Denver, Colo. Applicant’s attor rado, Idaho, Kansas, Missouri, Nebraska, Texas, ney: Alvin J. Meiklejohn, Jr., 526 Den South Dakota, Utah, and Wyoming. HEARING: April 29, 1959, at the Fed ham Building, Denver 2. Colo. Authority Note : Applicant states it is presently con eral Office Building, Franklin and Fan sought to operate as a common carrier, ducting operations from points in Colorado nin Streets, Houston, Tex., before Joint by motor vehicle, over irregular rdutes, to the described South Dakota points, ob Board No. 77, or, if the Joint Board serving its Wyoming gateways. Duplication transporting: Molasses, in bulk, in tank with present authority to be eliminated. waives its right to participate, before vehicles, I. From Gering, Nebr., and Examiner Richard H. Roberts. points within ten (10) miles thereof, to: HEARING: May 19, 1959, at the New No. M e 2392 (Sub No. 1£), filed No (1) points in South Dakota on and west Customs Hotel, Denver, Colo., before vember 19,1958. Applicant: WHEELER of a line commencing at the Nebraska- Examiner Robert A. Joyner. TRANSPORT SERVICE, INC., Genoa, South Dakota State line north along U.S. No. MC 23939 (Sub No. 85), filed Janu Nebr. Applicant’s attorney: Einar Viren, Highway 183 to junction U.S. Highway 16 ary 26, 1959. Applicant: ASBURY 904 City National Bank Building, Omaha near Presho, thence west along U.S. TRANSPORTATION CO.,-a corporation, 2, Nebr. Authority sought to operate as Highways 16 and 183 to junction U.S. 2222 East 38th Street, Los Angeles 58, a common carrier, by motor vehicle, over Highway 83 near Vivian, and thence Calif. Applicant’s attorney: E. B. Evans, irregular routes, transporting: Petroleum north along U.S. Highway 83 to the North 718 Symes Building, Denver 2, Colo. Au Products, in bulk, in tank vehicles, from Dakota-South Dakota State line; (2) thority sought to operate as a common the site of the Great Lakes Pipe Line points in Colorado on, north and east of carrier, by motor vehicle, over irregular terminal truck loading rack in or near a line commencing at the Kansas- routes, transporting: Cryogenic liquids, Carter Lake, Nebr., to points in Nebraska. Colorado State line along U.S. Highway in bulk, in shipper-owned specially de Applicant is authorized to conduct op 36 to Denver, thence northwesterly along signed semi-trailers, (1) between points erations in Kansas, Nebraska and Iowa. U.S. Highway 40 to junction Colorado in Colorado, and (2) between points in HEARING: May 18, 1959, at the Rome Highway 125 near Granby, and thence Colorado, on the one hand, and, on the Hotel, Omaha, Nebr., before Joint Board northerly along Colorado Highway 125 other, points in Laramie and Albany No. 93, or, if the Joint Board waives its to the Colorado-Wyoming State line; Counties, Wyoming. Applicant is au right to participate, before Examiner and (3) points in Wyoming on and east thorized to conduct operations in Wash Harold W. Angle. of a line commencing at the Colorado- ington, Oregon, Idaho, California, Colo- No. 58------5 2322 NOTICES
rado, Montana, Nevada, Utah, and Kingman, Varner and Pretty Prairie, gan, New Hampshire, New Jersey, New Wyoming. Kans., and the off-route point of Cheney, York, North Carolina, Ohio, Pennsyl HEARING: May 14, 1959, at the New Kans. Applicant is authorized to con vania, Rhode Island, South Carolina, Customs House, Denver, Colo., before duct operations in Nebraska, Oklahoma, Tennessee, Vermont, Virginia, West Vir Joint Board No. 50, or, if the Joint Board Kansas, Missouri, Arkansas, Colorado, ginia, and the District of Columbia. Ap waives its right to participate, before New Mexico, and Texas. plicant is authorized to conduct opera Examiner Robert A. Joyner. Note : Applicant states it proposes to serve tions in Connecticut, Delaware, Illinois, No. MC 28990 (Sub No. 4), filed Janu the intermediate points of Kingman, Varner Indiana, Kentucky, Maine, Maryland! ary 28, 1959. Applicant: SEYMOUR and Pretty Prairie in addition to service pres Massachusetts, Michigan, New Hamp TRANSFER LINES, INC., 140 East Wis ently authorized under the proposed route shire, New Jersey, New York, Ohio, Penn consin Avenue, Seymour, Wis. Appli in No. MC—P- 6688, purchase of Payne Broth sylvania, Rhode Island, South Carolina, cant’s attorney: Claude J. Jasper, One ers Truck Line of Kingman, Kans., pursuant Vermont, Virginia, and West Virginia. West Main Street, Madison 3, Wis. Au to Order of the Commission dated July 30, 1958; applicant also requests that service to HEARING: May 11,1959, at the Offices thority sought to operate as a common the off-route point of Cheney be restricted to of the Interstate Commerce Commission, carrier, by motor vehicle, over a regular service that is auxiliary to, or supplemental Washington, D.C., before Examiner route, transporting: General commod of, rail service of The Atchison, Topeka and Ttiomas F. Kilroy, for the purpose of ities, except those of unusual value, Glass Santa Pe Railway Company. receiving applicant’s evidence. A and B explosives, household goods as HEARING: May 14, 1959, at the Hotel No. MC 42487 (Sub No. 381), filed defined by the Commission, commodities October 22,1958. Applicant: CONSOLI in , bulk, and those requiring special Kansan, Topeka, Kans., before Joint Board No. 52, or, if the Joint Board DATED FREIGHTWAYS, INC., 2116 equipment, between Waupaca, Wis., and Northwest Savier Street, Portland, Oreg. Wautoma, Wis., over Wisconsin Highway waives its right to participate, before Examiner Harold W. Angle. Applicant’s attorneys: R. E. Poelman, 22, serving all intermediate points. Ap No. MC 30884 (Sub No. 5), filed March Consolidated Freightways, Inc.; 431 Bur plicant is authorized to conduct opera 2, 1959. Applicant: JACK COOPER gess Drive, Menlo Park, Calif., and tions in Wisconsin. Donald A. Schafer, 1026 Public Service HEARING: May 15, 1959, at the Wis TRANSPORT COMPANY, INC., 3936 Ewing Avenue, Kansas City, Mo. Au Building, Portland 4, Oreg. Authority consin Public Service Commission, Mad thority sought to operate as a contract sought to operate as a common carrier, ison, Wis., before Joint Board No. 96. carrier; by motor vehicle, over irregular by motor vehicle, over an alternate route. No. MC 29886 (Sub No. i4 4 ), filed routes, transporting: Motor vehicles, ex Applicant seeks to have eliminated from March 2, 1959. Applicant: DALLAS & cept trailers, in initial movements, by its authority in Certificate No. MC 42487 MAVIS FORWARDING CO., INC:, 4000 truckaway and driveaway, and parts, and (Sub No. 249) the restriction “with serv West Sample Street, South Bend, Ind. show paraphernalia when accompanying ice over this route restricted to traffic Applicant’s attorney: Charles M. Pieroni, such vehicles, from the site of the plant moving to or from points in Washington, 523 Johnson Building, Muncie, Ind. Au of the Chevrolet Division, General Mo Oregon and Idaho” presently contained thority sought, to operate as a common tors Corporation, at Kansas City, Mo., in its authority as follows: General com carrier, by motor vehicle, over irregular to points in Illinois, Louisiana, Minne modities, except those of unusual value, routes, transporting: Such road con sota, Mississippi, North Dakota, and, Class A and B explosives, household struction machinery and equipment as Tennessee, and (2) motor vehicles, ex goods as defined by the Commission, is described in Appendix VHt’.to the re cept trailers, in secondary movements, commodities in bulk, and commodities port in Descriptions in Motor Carrier by driveaway and truckaway, between requiring special equipment, over an al Certificates, 61 MCC 209, from points in points in Illinois, Louisiana, Minnesota, ternate route for operating convenience Los Angeles and Orange Counties, Calif.,’ Mississippi, North Dakota, Tennessee,! only, between Casper, Wyo., and Poca to points in the United-States. Appli Arkansas, Colorado; Idaho, Iowa, Kan tello, Idaho, serving no intermediate cant is authorized to conduct operations sas, Missouri, Mbntana, Nebraska, New points and serving Casper for the pur throughout the United States. Mexico, Oklahoma, South Dakota, Texas/ pose of joinder only; with service over HEARING: May 8,1959, at the Federal Utah, and Wyoming, restricted to the this route restricted to traffic moving to Building, Los Angeles, Calif., before Ex transportation of vehicles, which have or from points in Washington, Oregon, aminer F. Roy Linn. previously been transported in initial and Idaho: From Casper over Wyoming No. MC 30605 (£3ub No. 108), filed movements from a plant of the Chevrolet Highway 220 through Alcova, Wyo., to March 3, 1959. Applicant: THE SANTA Division of General Motors Corporation. junction U.S. Highway 287, at Muddy FE TRAIL TRANSPORTATION COM Applicant is authorized to conduct op Gap, Wyot, thence over U.S. Highway 287 PANY, a corporation, 433 East Water erations in Arkansas, Colorado, Idaho, through Lamont, Wyo., to Rawlins, Wyo., man, Wichita, Kans. Applicant’s at Iowa, Kansas, Missouri, Montana, Ne thence over U.S. Highway 30 through torney: Francis J. Steinbrecher, Law braska, New Mexico, Oklahoma, South Rock Springs, Wyo., to junction U.S. Dept., The Atchison, Topeka and Santa Dakota, Texas, Utah, and Wyoming. Highway 30-N about five miles south of Fe Railway Systeiri, 80 East Jackson Granger, Wyo., thence over U.S. High Boulevard, Chicago 4, HI. Authority Note; Common control and dual opera way 30-N through Kemmerer, Sage, and sought to operate as a common carrier,. tions under section 210 may be involved. Border, Wyo., and Montpelier, Soda by motor vehicle, over regular routes, HEARING: April 16, 1959, at the New Springs, and McCammon, Idaho, to Po transporting: (1) General commodities, Hotel Pickwick, Kansas City, Mo., be catello, and return over the same route. except those of unusual value, Class A fore Examiner James H. Gaffney. Applicant is authorized to conduct oper and B explosives, household goods as No. MC 31600 (Sub No. 462), filed Feb ations in Arizona, California, Illinois, defined by the Commission, commodities ruary 2, 1959. Applicant: P. B. MUTRIE Idaho, Iowa, Indiana, Minnesota, Mich in bulk and those requiring special equip MOTOR TRANSPORTATION, IN C., igan, Montana, Nebraska, Nevada, Ore ment; and (2) Class A and B explosives Calvary Street, Waltham 54, Mass. Ap gon, North Dakota, South Dakota, Utah, (except nitroglycerin), in service that is plicant’s attorney: Wilmer B. Hill, Washington, Wisconsin, and Wyoming. auxiliary to, or supplemental of, rail Transportation Building, Washington 6, HEARING: May 7, 1959, at the Wy service of The Atchison, Topeka and D.C. Authority sought to operate as a oming Public Service Commission, Su Santa Fe Railway Company, between common carrier, by motor vehicle, over preme Court and State Library Building, Wichita, Kans., and Hutchinson, Kans».; irregular routes, transporting: Liquid Cheyenne, Wyo., before Joint Board No. from Wichita over U.S. Highway 54, via commodities, in bulk, in trailer vehicles, 29, or, if the Joint Board waives its right Kingman, to junction unnumbered high and dry commodities, in bulk, in trailer to participate, before Examiner Robert way (approximately 4 miles east of vehicles, except Portland, hydraulic and A. Joyner. Kingman), thence over unnumbered masonry cement, between points in Illi No MC 47323 (Sub No. 4), filed highway, via Varner, to Pretty Prairie, nois, Indiana, Iowa, Kansas, Kentucky, January 14, 1959. Applicant: TAJ®" thence over unnumbered highway to Michigan, Minnesota, Missouri, Ohio, TRUCKING CO., a corporation, 81» junction Kansas Highway 17, and Tennessee, and Wisconsin on the one Frick Balding, Pittsburgh 19, Pa; Ap thence over Kansas Highway 17 to hand, and, on the other, points in Con plicant’s attorney: Arthur J. Diskin, 302 Hutchinson, and return over the. same necticut, Delaware, Indiana, Kentucky, Frick Building, Pittsburgh 19, Pa. Au ioute, serving the intermediate points of Maine, Maryland, Massachusetts, Michi thority sought to operate as a c o m m o n Wednesday, March 25,1959 FEDERAL REGISTER 2323
carrier, by motor vehicle, over irregular 1, Mich. Authority sought to operate as transporting hydrochloric acid, on re routes, transporting: Coal, in dump ve-J [ a common carrier, by motor vehicle, over turn. Applicant is authorized to conduct hides, from Conneaut, Ohio, to Ceico, ^ irregular routes, transporting: Liquid operations in Alabama, Arkansas, Dela Ohio '(both points located in Ashtabula commodities, except milk and petroleum ware, Georgia, Illinois, Indiana, Ken County, Ohio), said coal having had a products, but including petroleum chem tucky, Michigan, Mississippi, Missouri, prior interstate movement by rail. Ap icals, in bulk, in or on trailer vehicles, New York, North Carolina, Ohio, Penn plicant is authorized to transport bulk between points in Illinois, Indiana, Iowa, sylvania, South Carolina, Tennessee, commodities in Ohio and Pennsylvania, Kansas, Kentucky, Michigan, Minnesota, Texas, Virginia, West Virginia, and f HEARING: May 8, 1959, at the New Missouri, Ohio, Pennsylvania, Tennessee, Wisconsin. Post Office Building, Columbus, Ohio, and Wisconsin on the one hand, and, Note: A proceeding has been Instituted before Joint Board No. 117. on the other, points in Connecticut, Dela under section 212(c) In No. MC 50404 Sub V No. MC 48213 (Sub No. 17), filed March ware, Illinois, Indiana, Iowa, Kentucky, No. 55, to determine whether applicant’s 5, 1959. Applicant: C. E. LIZZA, INC., Maine, Maryland, Massachusetts, Michi status is that of a common or contract First National Bank Building, Latrobe, gan, New Hampshire, New York, New carrier. Pa. Applicant’s attorney: Henry M., Jersey, North Carolina, Ohio, Pennsyl HEARING: May 4, 1959, at the New Wick, Jr., 1211 Berger Building, Pitts vania, Rhode Island, South Carolina, Post Office Building, Columbus,, Ohio, burgh 19, Pa. Authority sought to op Tennessee, Vermont, Virginia, West Vir before Joint Board No. 62. erate as a contract carrier,.by motor ve ginia, Wisconsin, and the District of No. MC 52458 (Sub No. 147), filed hicle, over irregular routes, transport Columbia. Applicant is authorized to March 5, 1959. Applicant: T. I. MC conduct operations in Connecticut, Dela ing: Blasting supplies, materials and CORMACK TRUCKING COMPANY, agents and the component parts thereof, ware, Illinois, Indiana, Iowa, Kansas, INC., U.S. Route 9, Woodbridge, N.J. ammonium nitrate, nitro-carbo-nitrate, Kentucky, Maine, Michigan, Minnesota, Authority sought to operate as a com and equipment incidental to the use of Missouri, Nebraska, New Jersey, New mon carrier, by motor vehicle, over ir the above specified commodities, from York, Ohio, Oklahoma, Pennsylvania, regular routes, transporting : Liquid the plant sites or magazines of American Tennessee, West Virginia, and Wisconsin. commodities and dry commodities, in Cyanamid Company at or near Coverts HEARING: June 8,1959, at the Offices bulk, in trailer vehicles, between points and Latrobe, Pa., to points in Alabama, of the Interstate Commerce Commission, in Illinois, Indiana, Iowa, Kansas, Ken Connecticut, Florida, Georgia, Illinois, Washington, D.C., before Examiner tucky, Michigan, Minnesota, Missouri, Indiana, Iowa, Kansas, Kentucky Massa Thomas P. Kilroy, for the purpose of Ohio, Tennessee, and Wisconsin, on the chusetts, Missouri, New York, North receiving applicant’s evidence. one hand, and, on the other, points in Carolina, Ohio, Pennsylvania, South No. MC 50069 (Sub No. 208), filed Connecticut, Delaware, Indiana, Ken Carolina, Tennessee, yirginia, West Vir February 3, 1959. Applicant: REFIN tucky, Maine, Maryland, Massachusetts, ginia, Wisconsin, Arkansas, Delaware, ERS TRANSPORT & TERMINAL COR Michigan, New Hampshire, New Jersey, Maryland, New Hampshire, New Jersey, PORATION, 2111 Woodward Avenue, New York, North Carolina, Ohio, Penn Rhode Island, Vermont, Maine, Colorado, Detroit 1, Mich. Authority sought to sylvania, Rhode Island, South Carolina, and Utah, and returned or damaged operate as a common carrier, by motor Tennessee, Vermont, Virginia, West shipments of the above described com vehicle, over irregular routes, transport Virginia, and the District of Columbia. modities and empty containers or other ing: Dry commodities, in'bulk, in or on Applicant' is authorized to conduct op used in transporting the above articles trailer vehicles, between points in Illi erations in Alabama, Connecticut, Dela commodities on return. Applicant is au nois, Indiana, Iowa, .Kansas, Kentucky, ware, Georgia, Illinois, Indiana, Ken thorized to conduct operations in Ala Michigan, Minnesota, Missouri, Ohio, tucky, Maine, Maryland, Màssachusetts, bama, Arkansas, Colorado, Connecticut, Pennsylvania, Tennessee, and Wisconsin, Michigan, New Hampshire, New Jersey, Delaware, Florida, Georgia, Illinois, In on the one hand, and, on the other, New York, North Carolina, Ohio, Penn diana, Iowa, Kansas, Kentucky, Maine, points in Connecticut, Delaware, Illinois, sylvania, Rhode Island, South Carolina, Maryland, Massachusets, Missouri, New Indiana, Iowa, Kentucky, Maine, Mary Tennessee, Vermont, Virginia, and West (Hampshire, New Jersey, New York, North land, Massachusetts, Michigan, New Virginia. Carolina, Ohio, Pennsylvania, Rhode Hampshire, New-York, New Jersey, North Island, South Carolina, Tennéssee, Utah, Carolina, Ohio, Pennsylvania, Rhode Note: Applicant states that no duplicating Vermont, Virginia, West Virginia, and Island, South Carolina, Tennessee, Ver authority is sought. . Wisconsin. mont, Virginia, West Virginia, Wiscon HEARING: July 2, 1959, at the Offices ' HEARING: April 30, 1959, at the Of sin, and the District of Columbia. Appli of the Interstate Commerce Commission, fices of the Interstate Commerce Com cant is authorized to conduct operations Washington, D.C., before Examiner mission, Washington, D.C.,. before Ex in Connecticut, Delaware, Florida, Geor Thomas F. Kilroy, for the purpose of re aminer William Sullivan. gia, Illinois, Indiana, Iowa, Kansas, ceiving applicant’s evidence. No. MC 50002 (Sub No. 31), filed Feb Kentucky, Massachusetts, Maine, Mary No. MC 54578 (Sub No. 26), (Repub ruary 19, 1959. Applicant: T. land, Michigan, Minnesota, Missouri, lication) filed November 17, 1958. Ap CLARENCE BRIDGE AND HENRY W. Nebraska, New Hampshire, New Jersey, plicant: SAN JUAN BASIN LINES, INC., BRIDGE, a partnership, doing business New York, North Dakota, Ohio, Okla 1623 Broadway NE., Albuquerque, N. Mex. as BRIDGE BROTHERS, North Santa homa, Pennsylvania, Rhode Island, Applicant’s attorney: Donovan N. Fe Trail, Lamar, Colo. Applicant’s at South Dakota, Tennessee, Vermont, Vir Hoover, P.O. Box 897, Santa Fe, N. Mex. ’ torney: C. Zimmerman, 503 Schweiter ginia, West Virginia, and Wisconsin. Authority sought to operate as a com Building, Wichita 2, Kans. Authority HEARING: June 8,1959, at the Offices mon carrier, by motor vehicle, over sought to operate as a common carrier, of the Interstate Commerce Commission, regular routes, transporting: General py motor vehicle, over irregular routes, Washington, D.C., before Examiner commodities, except those of unusual transporting: Petroleum and petroleum Thomas F. Kilroy, for the purpose of value, Class A and B explosives, house products, from points in Prowers, Baca, receiving applicant’s evidence. hold goods as defined by the Commission, and Bent Counties, Colo., to points in No. MC 50404 (Sub No. 66), filed commodities in bulk, and those requiring Kansas. Applicant is authorized to con- December 21, 1958. Applicant: THE spécial equipment, between points in New dyct operations in Colorado, Kansas, MAXW ELL CO,, a corporation, 2200 Mexico, Arizona, Colorado, and Utah, as Texas, Nebraska, Oklahoma, Wyoming, Glendale-Milford Road, Cincinnati 15, follows: (1) . from Cortez, Colo., over and Missouri. Ohio. Applicant’s attorney: Herbert Colorado Highway 146 to the Colorado- HEARING: May 14, 1959, at the New Baker, 50 West Broad Street, Columbus Utah State line, thence over Utah High customs House, Denver, Colo., before 15, Ohio. Authority sought to operate way 262 to junction Utah Highway 47, Joint Board No. 43, or, if the Joint Board as a common or contract carrier, by thence over Utah Highway 47 to Bland- waives its right to participate, before motor vehicle, over irregular routes, ing, Utah, and return over the same examiner Robert A. Joyner. transporting: Hydrochloric acid, in bulk, route, and (2) from Shiprock, N. Mex., ' No. M e 50069 (Sub No. 207), filed Feb- in tank vehicles, from Cincinnati, Ohio, over New Mexico Highway 504 to the New 3- 1959. Applicant: REFINERS to points in West Virginia except Hunt Mexico-Arizona State line, thence over ¿«ANSPORT & TERMINAL CORPORA- ington, W. Va., and empty containers or unnumbered Arizona Highway to the i 2111 Woodward Avenue, Detroit other such incidental facilities used in Arizona-Utah State line, thence over un- 2324 NOTICES
numbered Utah Highway to junction shire, New Jersey, New York, North cluding liquid commodities, in bulk, in Utah Highway 262 (approximately ten Carolina, Ohio, Pennsylvania, | Rhode tank vehicles, but excluding household (10). miles west of Aneth, Utah) , thence Island, South Carolina, Tennessee, Ver goods as defined by the Commission, over Utah Highway 262 to junction Utah mont, Virginia, West Virginia, and Class A and B explosives, those of un Highway 47, thence over Utah Highway Washington, D.C. Applicant is author usual value, and those requiring special 47 toxBlanding, Utah, and return over the ized to-conduct operations in Alabama, equipment, other than tank vehicles be same route; Serving all intermediate Arkansas, Connecticut, Delaware, Dis tween Newark, Ohio on the one hand, points, and points within five (5)' miles trict of Columbia, Florida, Georgia, and, on the other, points in North Caro of said highways, including the El Paso Illinois, Indiana, Iowa, Kentucky, Lou lina, South Carolina, Tennessee, and Natural Gas Pump Station and the Four- isiana, Maine, Maryland, Massachusetts, Virginia. Applicant is authorized to con Corners Crude Oil Pump Station, ad Michigan, Minnesota, Mississippi, Mis duct operations in Connecticut, Dela jacent to Utah Highway 262, as off-route souri, New Hampshire, New Jersey, New ware, District of Columbia, Illinois, points. Applicant is authorized to con York, North Carolina, Ohio, Pennsyl Indiana, Kansas, Kentucky, Maryland, duct operations in Colorado and New vania, Rhode Island, South Carolina, Massachusetts, Michigan, Missouri, New Mexico. -- ’ ' : \ ' Tennessee, Texas, Virginia, Vermont, Jersey, New York, Ohio, Pennsylvania, Note: Duplication with present authority West Virginia, and Wisconsin. Rhode Island, West Virginia, and to be eliminated. Applicant states that the HEARING: June 25,1959, at the Offices Wisconsin. above operations will be conducted in con of the Interstate Commerce Commis N ote: Applicant states that the above nection with its presently authorized sion, Washington, D.C., before Examiner transportation will be conducted under a operations. Thomas F. Kilroy, for the purpose of re continuing contract with Owens-Corning HEARING: May 25,1959, at the Hilton ceiving evidence. Fiberglass Corporation of Toledo, Ohio. A Hotel, Albuquerque, N. Mex., before Ex No. MC 61978 (Sub No. 7), filed proceeding has been instituted tmder sec January 26, 1959. Applicant: HALLIE tion 212(c) of the Act to determine whether aminer Robert A. Joyner. applicant’s status is that of a common or No. MC 56637 (Sub No. 7), filed Feb ZERKLE, doing business as ZERKLE contract carrier in-MC 81968 (Sub No. 13). ruary 18, 1959. Applicant: R. • C. A. TRANSFER CO., 34 Yz Race Street, Mid- TRUCK LINES, INC., P.O. Box 989, dleport, Ohio. Applicant’s attorney; HEARING: April 28, 1959, at the Rome, Ga. Applicant’s attorney: R. J. Herbert Baker, 50 West Broad Street, Offices of the Interstate Commerce Com Reynolds, Jr., 1403. Citizens & Southern Columbus 15, Ohio. Authority sought to mission, Washington, D.C., before Exam National Bank Building, Atlanta 3, Ga. operate as a contract carrier, by motor iner William Sullivan. Authority sought to operate as a common vehicle, over irregular routes, transport No. MC 89697 (Sub No. 20), filed Feb carrier, by motor vehicle,: over regular ing: Oil and greases, in packages, cans, ruary 10, 1959. Applicant: KRAJACK routes, transporting: General commod drums or other containers, from St. TAN K LINES, INC., 480 Westfield Ave ities, except those of unusual value, Class Marys, W. Va., to Gallipolis, Ohio, and nue, Roselle Park, N.J. Applicant’s rep A and B explosives as defined in the empty containers or other such inci resentative: Bert Collins, 140 Cedar Commission’s Explosives and other dan dental facilities (not specified) used in StfSet, New York 6, N.Y. Authority gerous Articles, regulations, livestock, transporting the above commodities on sought to operate as a common carrier, household goods as defined by the Com return. Applicant is authorized to con by motor vehicle, over irregular routes, mission, commodities in bulk, and those duct operations in West Virginia, Ohio, transporting: Liquid commodities, ex requiring special equipment, between and Kentucky. cept milk and petroleum products but Summerville, Ga., and Lyerly, Ga., over including petroleum chemicals, in bulk, Note: A proceeding lias been, instituted in tank vehicles, between points in Illi Georgia Highway 114, serving all inter under section 2 12 (c) to determine whether mediate points. Applicant is authorized applicant’s status is that of a common or nois, Indiana, Iowa, Kansas, Ohio, Ken to conduct operations in Georgia and contract carrier in No. MC 61978 (Sub No. 6 ). tucky, Michigan, Minnesota, Missouri, Tennessee, and Wisconsin, on the one Tennessee. HEARING: May 5, 1959, at the New HEARING: April 20, 1959, at 680 West hand, and, on the other, points in Con Post Office Building, Columbus, Ohio, necticut, Delaware, Indiana, Kentucky* Peachtree Street NW., Atlanta, Ga., be before Joint Board No. 37. ' fore Joint Board No. 101, or, if the Joint Maryland, Massachusetts, Michigan, No. MC 64994 (Sub No. 26), filed New Hampshire, New Yprk, New Jersey, Board waives its right to participate, January 15, 1959. Applicant: HENNIS North Carolina, Ohio, Pennsylvania, before Examiner Lucian A. Jackson. FREIGHT LINES, INC., P.O. Box 612, Rhode Island, South Carolina, Tennes No. MC 60612 (Sub No. 12), (CORREC Winston-Salem, N.C. Applicant’s attor see, Vermont, Virginia, West Virginia, TIO N) filed January 4,1959. Applicant: ney: A. W. Flynn, Jr., 201-204 Jefferson and the District of Columbia.' Applicant SAMUEL TISCHLER, Morton Avenue; Building, Greensboro, N.C. Authority is authorized to conduct operations in Rosenhayn, N. J. Applicant’s representa sought to operate as a common carrier, Connecticut, Delaware, Maryland, Mas tive: Charles H. Trayford, 155 East 40th by motor vehicle, over irregular routes, sachusetts, New Jersey, New York, Penn Street, New York 16, N.Y. The republi transporting: General commodities, sylvania, and Rhode Island. cation of the notice of filing of the except those of unusual value, Class A HEARING: June 15, 1959, at the subject application on page 2013 issue of and B explosives, livestock, household Offices of the Interstate Commerce Com the F ederal R e g ister of March 18, 1959, goods as defined by the Commission, mission, Washington, D.C., before Exam designated applicant’s representative, commodities in bulk, and those requiring iner Thomas F. Kilroy, for the purpose Charles H. Trayford as an attorney at special equipment, between points in the of receiving applicant’s evidence. law, in error. Mr. Trayford is admitted Cincinnati, Ohio, Commercial Zone, as. No. MC 92550 (Sub No. 6), filed Jan to practice before the Commission, but defined by the Commission in Ex Parte uary 26,1959. Applicant: J. G. STROCK, is not an attorney at law. No. MC 30. Applicant is authorized to doing business as SAFEWAY MOTOR No. MC 61403 (Sub No. 39), filed Feb conduct operations in North Carolina, FREIGHT COMPANY, 846 Willard Ave ruary 20, 1959. Applicant: THE MASON Virginia, W est Virginia, Ohio, Pennsyl nue NE., Warren, Ohio. Applicant’s AND DIXON TANK LINES, INC., Wilcox vania, South Carolina, Maryland, Illi representative: J. J. Kuhner, 736 So Drive, Kingsport, Tenn. Authority nois, Indiana, Michigan, New York, iand ciety for Savings Building, Cleveland 14, sought to operate as a common carrier, New Jersey. Ohio. Authority sought to operate as a by motor vehicle, over irregular routes, HEARING: May 6, 1959, at the. New contract carrier, by motor vehicle, over transporting: Dry; and liquid commod Post Office Building, Columbus, Ohio, irregular routes, transporting: Iron ana, ities, except milk and petroleum prod before Joint Board No. 37. steel bolts, clevis pins, and rivets, from ucts,; but including petroleum chemicals, No. MC 81968 (Sub No. 16), filed Feb Girard, Ohio, to points in that part of in bulk, in trailer vehicles, between ruary 17, 1959. Applicant: B & L MO Michigan located on,, south, and east of points in Illinois, Indiana, Iowa, Kansas, TOR FREIGHT, INC., 171 Riverside a line beginning at Port Huron. MiciL, Kentucky, Michigan, Minnesota, Mis Drive, Newark, Ohio. Applicant’s attor and extending along Michigan Highway souri, Ohio, Tennessee, West Virginia, ney: Clarence D. Todd, 1825 Jefferson 21 to St. Johns, Mich., thence along u-b; and Wisconsin, on the one hand, and, on Place NW., Washington, D.C. Authority Highway 27 to Lansing, Mich., thence the Other, points in Connecticut, Dela sought to operate as a contract carrier, along U.S. Highway 127 to the Michigan- ware, -Indiana, Kentucky, Maryland, by motor vehicle, over irregular routes, Ohio State line, and empty containers Massachusetts, Michigan, New Hamp transporting: General commodities, in or other such incidental facilities (n Wednesday, March 25, 1959 FEDERAL REGISTER 2325
specified) used in transporting the No. MC 92983 (Sub No. 344), filed direction over unnumbered County above-specified commodities on return. March 4,1959. Applicant: ELDON MIL Highway to Fort Thompson, S. Dak., Applicant is authorized to conduct opera LER, INC., 330 East Washington, Iowa thence over unnumbered County Road to tions in Kentucky, Michigan, Ohio, Penn City, Iowa. Authority sought to operate the North Big Bend Dam site, thence sylvania, and West Virginia. as a common carrier, by motor vehicle, across the Big Bend Dam to the South HEARING: May 11, 1959, at the New over irregular routes, transporting: Dam Site, and return over the same Post Office Building, Columbus, Ohio, be Acids and chemicals, in bulk, from route, serving Fort Thompson, the North fore Joint Board No. 57. Windham, Iowa, and points within fif Big Dam site, and the South Big Bend No. MC 92983 (Sub No. 336), filed teen (15) miles thereof, to points in Dam site, and serving no other inter January 21, 1959. Applicant: ELDON Illinois, Iowa, Missouri, Minnesota, Ne mediate points, and (b) from Pierre over MILLER, INC., 330 East Washington braska, South Dakota, and Wisconsin. South Dakota Highway 34 to Mac’s Cor Street, Iowa City, Iowa. Authority Applicant is authorized to conduct op ner and Stephen, S. Dak., thence in a sought to operate as a common carrier, erations in Iowa, Illinois, Nebraska, Wis southerly direction over unnumbered by motor vehicle, over irregular routes,, consin, Missouri, Kentucky, Arkansas, County Highway to Fort Thompson, transporting: Acids and chemicals, in Ohio, Minnesota, Indiana, Kansas, thence over unnumbered County Roads bulk, from points in the Kansas City, North Carolina, South Carolina, Louisi to the North Big Bend Dam site, thence Kans., Commercial Zone, as defined by ana, Florida, South Dakota, Tennessee, across the Big Bend Dam to the South the Commission, to points in Idaho, Mon Michigan, New York, Texas, North Da Dam site, and return over the same tana, North Dakota, South Dakota, kota, Pennsylvania, Massachusetts, Con route, serving Fort Thompson, the North Washington, and Wyoming, Applicant necticut, Georgia, Mississippi, Okla Big Bend Dam site, and the South Big is authorized to conduct operations in homa, and Alabama. Bend Dam site, and serving no other in Alabama, Arkansas, Colorado, Connecti HEARING: Aprils 27, 1959, in Room termediate points; (2) Between Cham cut, Delaware: Florida, Georgia, Illinois, 926, Metropolitan Building, Second Ave berlain, S. Dak., and Fort Thompson, Indiana, Iowa, Kansas, Kentucky, Louisi nue South and Third, Minneapolis, S. Dak., and the site of the Big Bend ana, Massachusetts, Michigan, Minne Minn., before Examiner Leo W. Cun Dam, near Fort Thompson, as follows: sota, Mississippi, Missouri, Nebraska, ningham. (a> from Chamberlain over South Da New Jersey, New York, North Carolina, No. MC 97699 (Sub No. 9), filed No kota Highway 47 to junction South Da North Dakota, Ohio, Oklahoma, Penn vember 28, 1958. Applicant: BARBER kota Highway 34, theiice in a westerly sylvania, South Carolina, Tennessee, TRANSPORTATION COMPANY, a cor direction over unnumbered County High .Texas, West-Virginia, and Wisconsin. poration, 321 Sixth Street, Rapid City, way to Fort Thompson, thence over un HEARING:. April 16, 1959, at the New S. Dak. Applicant’s attorney: Lee numbered County Roads to the North Hotel Pickwick, Kansas City, Mo., before Reeder, 1012 Baltimore Building, Kansas Big Bend Dam site, thence across the Examiner James H. Gaffney. City 5, M o.. Authority sought to operate Big Bend Dam to the South Dam site, No. MC 92983 (Sub No. 341), filed Feb as a common carrier, by motor vehicle, and return over the same route, serving ruary 25,1959. Applicant: ELDON M IL over a regular route, transporting: Gen Fort Thompson, the North Big Bend LER, INC., 330 East Washington Street, eral commodities, including those of un Dam site, and the South Big Bend Dam Iowa City, Iowa. Authority sought to usual value, Class A and B explosives, but site, afid serving no.other intermediate operate as a common carrier, by motor excluding livestock, household goods as points; and (b) from Chamberlain over vehicle, over irregular routes, transport defined by the Commission, commodities South Dakota Highway 47 to junction ing: Acids and chemicals, in bulk, from in bulk, and those requiring special unnumbered County Highway near Be- points in Indiana, Ohio, Michigan, and equipment, between Hot Springs, S. Dak., dashosha Lake, approximately fifteen Wisconsin, to points in the Kansas City, and Lusk, Wyo., from Hot Springs over (15) miles north of Chamberlain, thence Mo.-Kansas City, Kans., Commercial Alternate U.S. Highway 85 to Edgemont, in a northwesterly direction over unnum Zone. Applicant is authorized to conduct S. Dak., thence over U.S. Highway 18 to bered County Highway to Fort Thomp operations in Illinois, Nebraska, Missouri, junction U.S. Highway 85, thence oyer son, thence over unnumbered County Wisconsin, Iowa, Indiana, Kansas, Ar U.S. Highway 85 to Lusk, and return over Roads to the North Big Bend Dam site, kansas, Ohio, Minnesota, Kentucky, the same route, serving no intermediate thence across the Big Bend Dam to the North Carolina, -South Carolina, Florida, points, Applicant, is authorized to con South Dam site, and return over the Louisiana, Tennessee, Michigan, Texas, duct regular route operations in Illinois, same route, serving Fort Thompson, the New York, North Dakota, South Dakota, Iowa, Minnesota, Nebraska, South Da North Big Bend site, and the South Big Pennsylvania, Connecticut, Massachu kota, and Wyoming, and irregular route Bend Dam site, and serving no other in setts, Georgia, Mississippi, Alabama, and- operations in Minnesota, and South termediate points; (3) Between Reliance, Oklahoma. Dakota. S. Dak., and Lower Brule, S. Dak;, and HEARING: April 17, 1959, at the New HEARING: May 25, 1959, at the Alex the site of the Big Bend Dam near Lower Hotel Pickwick, Kansas City, Mo., be Johnson Hotel, Rapid City, S. Dak., be Brule, as follows: from Reliance in a fore Examiner James H. Gaffney. fore Joint Board No. 183. northerly direction over unnumbered No. MC 92983 (Sub No. 343), filed No. MC 97699 (Sub No. 10), filed No County Highways to Lower Brule, thence March 5,1959. Applicant: ELDON M IL vember 28, 1958. Applicant: BARBER over unnumbered County Roads to the LER, INC., 330 East Washington Street, TRANSPORTATION COMPANY, a cor South Big Bend Dam site, thence across Iowa City, Iowa. Authority sought to poration, 321 Sixth Street, Rapid City, the Big Bend Dam to the North Dam operate as a common carrier, by motor S. Dak. Applicant’s attorney: Lee site, and return over the same route, yehicle, over irregular routes, transport-: Reeder, 1012 Baltimore Building, Kansas serving Lower Brule, the South Big Bend aig: Acids and chemicals, in bulk, from City 5, Mo. Authority sought to operate ■site, and the North Big Bend Dam site, Points in the Kansas City, Mo.-Kansas as a common carrier, by motor vehicle, and serving no other intermediate . Kans., Commercial Zone, to points over regular routes, transporting: Gen points; (4) Between Reliance, S. Dak., in Arizona, California, Nevada, New eral commodities, including those of un and the site of the Big Dam as follows: Mexico, Oregon, and Utah. Applicant usual value, Class A and B explosives, from Reliance in a northerly direction s authorized to conduct operations in but excluding livestock, household goods over unnumbered County Highways and owa, Illinois, Nebraska, Wisconsin, Mis- as defined by the Commission, commod special roads built to serve the Big Bend ouri, Kansas, Indiana, Minnesota, Ohio, ities in bulk, and those requiring special Dam site, to the South Big Bend Dam q ^ f^ Sas> Kentucky, North Carolina, equipment, (1). Between Pierre, S. Dak., site, thence across the Big Bend Dam to utn Carolina, Louisiana, Florida, Ten- and Fort Thompson, S. Dak., and the the North Big Bend Dam site, and return MichW . New York, Texas, site of the Big Bend Dam near Fort over the same route, serving the South ^ k o ta, South Dakota, Pennsyl- Thompson, S. Dak., as follows: (a) from Bend Dam site, the North Big Bend Dam vama, Massachusetts, Connecticut, Pierre over South Dakota Highway 34 to site, and serving no other intermediate S a K ’ MississiPPi* Oklahoma, and Mac’s Comer, S. Dak., thence over South points; and (5) Between Pierre, S. Dak., Dakota Highway 47 to a point approxi and Lower Brule, S. Dak., and the site of RnMA£ I,NG : April 17< 1959, at the IS mately fourteen (14) miles south of the Big Bend Dam as follows: (a) from 2 i ? ! ick- Kani as City, Mo., bei Mac’s corner and junction South Dakota Pierre over U.S. Highway 83 to junction anuner james H. Gaffney. Highways 34 and 47, thence in a westerly U.S. Highway 16, near Vivian, S. Dak., 2326 NOTICES
thence over U.S. Highway 16 to Reliance, in insulated, stainless steel or aluminum No: MC 101476 (Sub No. 17) . filed Feb S. Dak., thence over unnumbered County tank vehicles, from St. Bernard and ruary 16, 1959. Applicant; HOWARD N. Highways and specially built roads to Cincinnati, Ohio, to Nitro, W. Va. Appli DAHLSTEN, doing business as DAHL Lower Brule and to the South Bank site cant is authorized to conduct operations STEN TRUCK LINE, Clay Center, Nebr, of the Big Bend Dam, thence over the in Alabama, Arkansas, Florida, Georgia, Applicant’s representative: C. A. Ross, Big Bend Dam to the North Dam site, Illinois, Indiana, Iowa, Kansas, Ken 1004-1005 Trust Building, Lincoln 8, and return over the same route, serving tucky, Maryland, Michigan, Minnesota, Nebr. Authority sought to operate as a Lower Brule, the South Big Bend Dam Missouri, Nebraska, New Jersey, New contract carrier, by motor vehicle, over site, and the North Big Bend Dam site, York, North Carolina, Ohio, Pennsyl irregular routes, transporting: Dry man and serving no other intermediate points; vania, South Carolina, Tennessee, Vir ufactured fertilizers and dry fertilizer but serving junction U.S. Highways 83 ginia, West Virginia, and Wisconsin. materials or compounds, in bulk and in and 16 as a point of joinder only; and Note: A proceeding has been instituted bags or containers from Waterloo, (b> from Pierre over U.S. Highway 83 to under section 212(c) in No. MC 101126 (Sub Iowa, and points within 10 miles thereof, junction unnumbered County Highway No. 86) to determine whether applicant’s to points in Nebraska and South Dakota. approximately fourteen (14) miles south status is that of a common or contract Applicant is authorized to conduct op of Pierre, thence in an easterly direction carrier. erations in Colorado, Illinois, Iowa, Kan over unnumbered County Highway to HEARING: May 5, 1959, at the New sas, Minnesota, Missouri, Montana, Ne Lower Brule, and the South Bank site of Post Office Building, Columbus, Ohio, be braska, North Dakota, South Dakota, the Big Bend Dam, thence Over the Big fore Joint Board No. 62. Wisconsin, and Wyoming. Bend Dam to the North Dam site, and No. MC 101476 (Sub No. 14), filed Note .*• A proceeding has been instituted return over the same route, serving January 5, 1959. Applicant: HOWARD under section 212(c) of the Act to determine Lower Brule, the South Big Bend Dam N, DAHLSTEN, doing business as DAHL- whether applicant’s status is that of a com site and the North Big Bend Dam site, STEN TRUCK LINE, Clay Center, Nebr, mon or contract carrier in No, MC 101476 (Sub No. 10). and serving no intermediate points. Ap Applicant’s representative: C. A. Ross, plicant is authorized to conduct regular 1004-1005 Trust Building, Lincoln, Nebr. HEARING: May 19,1959, at the Rome route operations in Illinois, Iowa, Minne Authority sought to operate as a common Hotel,. Omaha, Nebr., before Joint Board sota, Nebraska, South Dakota, and Wyo or contract carrier, by motor vehicle, over No. 185, or, if tiie Joint Board waives its ming, and irregular route operations in irregular routes, transporting: Feed right to participate, before Examiner Minnesota and South Dakota. grade urea compounds and technical Harold W. Angle. HEARING: May 2Q, 1950, at the South grade urea, in bulk and in bags, from No. MC 101476 (Sub No. 18), filed Feb Dakota Public Utilities Commission, points in Oklahoma to points in Kansas ruary 20, 1959. Applicant: HOWARD N. Pierre, S. Dak., before Joint Board No. and Nebraska, and empty containers or DAHLSTEN, doing business as DAHL 230. other such incidental facilities (not spec STEN TRUCK LINE, Caly Center, Nebr. No. M C 97714 (Sub No. 3), filed Feb ified) used in transporting the above Applicant’s representative: C. A. Ross, ruary 13, 1959. Applicant: ASHTA- commodities on return. Applicant is au 1004-1005 Trust Building, Lincoln 8, BULA-CONNEAUT TRUCKING AND thorized to conduct operations in Kan Nebr, Authority sought to operate as a STORAGE CO., an Ohio corporation, sas, Iowa, Nebraska, Colorado, Minne contract carrier, by motor vehicle, over 2005 EaSt Prospect Road, Ashtabula, sota, North Dakota, South Dakota, irregular routes, transporting: Dry man Ohio. Applicant’s attorney: Noel F. Missouri, and Montana. ufactured fertilizers and dry fertilizer George, 44 East Broad Street, Columbus Note: A proceeding has been instituted materials or compounds, in bulk, in bags 15, Ohio. Authority sought to operate as under section 2 12 (c) to determine whether or containers, from Lawrence, Kansas a common carrier, by motor vehicle, over applicant’s status is that of a common or and points within 5 miles thereof, to irregular routes, transporting: Com contract carrier in No. MC 101476 (Sub No. points in Colorado, Iowa, Oklahoma, and modities usually and ordinarily trans 10)- South Dakota, and empty containers or ported in dump trucks, between Ashta HEARING: May 22, 1959, at the Ne other such incidental facilities (not spec bula and Conneaut, Ohio, on the one ified) used in transporting the above hand, and, on the other, points in Ohio. braska State Railway Commission, Capitol Building, Lincoln, Nebr., before commodities on return. Applicant is Applicant is authorized to conduct authorized to conduct operations in Colo operations in Ohio,- Indiana, Illinois," Joint Board No. 307, or, if the Joint. Board waives its' right to participate, rado, Illinois, Iowa, Kansas, Minnesota, Kentucky, Maryland, Michigan, Mis Missouri, Montana, Nebraska, North souri, New York, Pennsylvania, and West before Examiner Harold W. Angle. No. MC 101476 (Sub No. 16), filed Feb Dakota, Oklahoma, South Dakota, Wis Virginia. consin, and Wyoming. HEARING: May 7, 1959, at the New ruary 11,1959. Applicant: HOWARD N. DAHLSTEN, doing business as DAHL Note: A proceeding has been instituted Post Office Building, Columbus, Ohio, under section 2 12 (c) to determine whether before Joint Board No. 117. STEN TRUCK LINE, Clay Center, Nebr. Applicant’s representative: C. A. applicant’s status is that of a common or No. MC 98599 (Sub No. 8), filed No contract carrier in MC 101476 (Sub No. 10). vember 24, 1958. Applicant: ZUNI Ross, 1004-1005 Trust Building, Lincoln, TRUCKING COMPANY, a corporation, Nebr. Authority sought to operate as a HEARING: May 21, 1959, at the Ne P.O. Box 746, Grants, N. Mex. Authority contract carrier, by motor vehicle, over braska State Railway Commission,. Capi sought to operate as a common carrier, irregular routes, transporting: Alfalfa tol Building, Lincoln, Nebr., before by motor vehicle, over irregular routes, meal and pellets, in bulk or in containers, Examiner Harold W. Angle. transporting: Empty steel drums, froip from Fremont arid Nebraska City, Nebr., No. MC 101476 (Sub No. 19), filed Feb- Grand Junction, Colo., to points in Mc and points within 5 miles thereof, to tuary 26,1959. Applicant: HOWARD N. Kinley, San Juan, arid Valencia Counties, points in Iowa, Illinois, Minnesota, DAHLSTEN, doing business as DAHL N. Mex. Applicant is authorized to con Missouri, and Wisconsin, and empty STEN TRUCK LINE, Clay Center, Nebr. duct operations in Colorado and New containers or other such incidental fa Applicant’s representative: C. A. Ross, Mexico. cilities (not specified) used in transport 1004-1005 Trust Building, Lincoln 8, HEARING: May 27,1959, at the Hilton ing the above commodities on return. Nebr. Authority sought to operate as a Hotel, Albuquerque, N. Mex., before Joint Applicant is authorized to conduct op- contract carrier, by motor vehicle, over Board No. 125, or, if the Joint Board eratioris in Colorado, Illinois, Iowa, irregular routes, transporting: Salt and waives its right to participate, before Kansas, Minnesota, Missouri, Montana, salt compounds, in bulk, blocks, bags or Examiner Robert A. Joyner. Nebraska, North Dakota, South Dakota, other containers, (1) from Lyons, Kans^ No. MC 101126 (Sub No. 117), filed Wisconsin, and Wyoming. to points in Minnesota, North Dakota and South Dakota; (2) from Hutchinson January 2,1959. Applicant: STILLPASS Note: A proceeding has been instituted TRANSIT COMPANY, INC., 4967 Spring under section 212(c) to determine whether and South Hutchinson, Kans., to points Grove Avenue, Cincinnati 32, Ohio. Au applicant’s status is that of a common or in Minnesota and, North Dakota, and thority sought to operate as a common or contract carrier in MG 101476 (Sub No. 10), empty containers or other such inci contract carrier, by motor vehicle, over HEARING: May 19,1959, at the Rome dental facilities (not specified) used m irregular routes, transporting: Animal, Hotel, Omaha, Nebr., before Examiner transporting the above commodities o ^ vegetable, and tall oil products, in bulk, Harold W. Angle. return. -Applicant is authorized to con- Wednesday, March 25, 1959 FEDERAL REGISTER 2327 duct operations in Illinois, Kansas, Pennsylvania. Applicant is authorized son Place NW., Washington, D.C. Appli Nebraska, Iowa, Wyoming, and Missouri. to conduct operations in Ohio, Pennsyl cant’s attorney: Dale C. Dillon, 1825 Note: A proceeding has been instituted vania, West Virginia, New York, Mas Jefferson Place NW., Washington, D.C. under section 2 12 (c) to determine whether sachusetts* Virginia, Connecticut, New Authority sought to operate as a com applicant’s status is that of a common or Hampshire, and Vermont. mon carrier, by motor vehicle, over ir contract carrier in No. MC 101476 (Sub No. N ote: Duplicating authority should be regular routes, transporting: Dry com 10). eliminated. modities and liquid-commodities in bulk, HEARING: May 20, 1959, at the Rome in trailer vehicles, between points in Illi HEARING: April 29, 1959, at the Hotel, Omaha, Nebr., before Examiner nois, Indiana,- Iowa, Kansas, Kentucky, Offices of the Interstate Commerce Com Harold W. Angle. Michigan, Minnesota, Missouri, Ohio, mission, Washington, D.C., before Exam Tennessee, and Wisconsin, on the one No. MC 102616 (Sub No. 669), filed iner William Sullivan. February 2, 1959. Applicant: COASTAL hand, and, on the other, points in Con TANK LINES, INC., Grantley Road, No. MC 104421 (Sub No. 9), filed Janu necticut, Delaware, Indiana, Kentucky, York, Pa. Applicant’s attorney: Harold ary 5, 1959. Applicant: ALFRED LEON Maryland, Massachusetts, Michigan, New G. Hernly 1624 Eye Street NW., Wash JOHNSON, doing business as JOHNSON Hampshire, New Jersey, New York, North ington, D.C. Authority sought to op TRUCK LINE, Route 1, Washington, Carolina, Ohio, Pennsylvania, Rhode Is erate as a common carrier, by motor Kans.. Applicant’s attorney: John E. land, South Carolina, Tennessee, Ver vehicle, over irregular rdutes, transport Jandera, 641 Harrison Street, Topeka, mont, Virginia, West Virginia, and the ing: Liquid commodities and dry com- Kans. Authority Sought to operate as a District of Columbia. Applicant is au modifies, in bulk, in trailer vehicles, not common carrier, by motor vehicle, over thorized to conduct operations in Dela including Poftland, hydraulic, and irregular routes, transporting: (1) Gen ware, District of Columbia, Illinois, In masonry cement, dry, between points in eral commodities, except those of un- diana, Maryland, Minnesota, Missouri, Illinois, Indiana, Iowa, Kansas, Ken üsual value, Class A and B explosives, New Jersey, New York, North Carolina, tucky, Michigan, Minnesota, Missouri, bulk liquids, and commodities-requiring Ohio, Pennsylvania, Virginia, West Vir Ohio, Tennessee, and Wisconsin, on the special equipment, between points in the ginia, and Wisconsin. Kansas City, Mo.-Kansas City, Kans., one hand, and, on the other, points in Note: Dual operations may be Involved. Connecticut, Delaware, Indiana, Ken Commercial Zone, as defined by thé Com tucky, Maine, Maryland, Massachusetts, mission, on the one hand, and, on the HEARING: June 11, 1959, at the O f .other, points within a 15-mile radius of Michigan, New Hampshire, New Jersey, fices of the Interstate Commerce Com Washington, Kans.; (2) Emigrant farm New York, North Carolina, Ohio, Penn mission, Washington, D.C., before Ex movables,^ between points within a 35- sylvania, Rhode Island, South Carolina, aminer Thomas~F. Kilroy, for the pur mile radius of Washington, Kans., on the Tennessee, Vermont, Virginia, West Vir pose of receiving applicant’s evidence. one hand, and, on the other, points in ginia, and the District of Columbia. Ap N o .- MC 107107 (Sub No. 115) , filed Nebraska, Oklahoma, Colorado, Missouri, plicant is authorized to conduct opera February 24, 1959. Applicant: ALTER- and Iowa, when moving from farm to MAN TRANSPORT LINES, INC., P.O. tions in Cbnnecticut, Delaware, District farm, farm to town or town to farm; of Columbia, Illinois, Indiana, Iowa, Box 65, Allapattah Station, Miami 42, (3) agricultural machinery and imple Kansas, Kentucky, Maryland, Massachu Fla. Applicant’s attorney: Frank B. setts, Michigan, Missouri, Nebraska, New ments, set up or knocked down, between Hand, Jr., Transportation Building, points within a 35-mile radius of Wash Jersey, New York, North Carolina, Ohio, Washington 6, D.C. Authority sought to ington, Kans., on the one hand, and, on Oklahoma, Pennsylvania, Rhode Island, operate as a common carrier, by motor the other, points in Nebraska* Oklahoma, vehicle, over irregular routes, transport South Carolina, Tennessee, Virginia, Colorado, Missouri, and Iowa, when mov West Virginia, and Wisconsin. ing: Frozen foods, from Chicago, 111., ing from farm to farm, farm to town or HEARING: June 1, 1959, at the Offices and Lafayette, Ind., to points in Ala town to farm. Applicant is authorized bama, Florida, and Georgia. Applicant of the Interstate Commerce Commission, to conduct operations in Kansas, Mis- Washington, D.C., before Examiner is authorized to conduct operations in ' souri, and Nebraska. Thomas P. Kilroy, for the purpose of Alabama, Arkansas, Delaware, the Dis receiving applicant’s evidence. HEARING: May 6, 1959, at the Hotel trict of. Columbia, Florida, Georgia, Illi No. MC 103993 (Sub No. 115), filed Kansan, Topeka, Kans., before Examiner nois, Indiana, Iowa, Kansas, Kentucky, February 18,1959. Applicant: MORGAN Harold W. Angle. Louisiana, Maryland, Michigan, Minne pRIVE-AWAY, INC., 509 Equity Build No. MC 105813 (Sub No. 36), filed sota, Missouri, Nebraska, New Jersey, ing, Elkhart, Ind. Applicant’s attorney: February 24, 1959. Applicant: BEL- New York, North Carolina, Ohio, Okla John E. Lesow, 3737 North Meridian FORD TRUCKING CO., INC., 1299 homa, Pennsylvania, South Carolina, Street, Indianapolis 8, Ind. Authority Northwest 23d Street, Miami 42, Fla. Tennessee, Texas, Virginia, and Wis sought to operate as a common carrier, Applicant’s attorney: Sol H. Proctor, consin. v ~y motor vehicle, over irregular routes, Suite 713-17 Professional Building, Jack HEARING: April 23, 1959, in Room transporting: Trailers, designed to be sonville 2, Fla. Authority sought to 852, U.S. Custom House, 610 South Canal drawn by passenger automobiles, in operate as a common carrier, by motor Street, -Chicago, 111., before Examiner initial movements, in truckaway service, vehicle, over irregular routes, transport David Waters. from points in Maryland, except Elkton, ing: Meats, meat products and meat by No. MC 107107 (Sub No. 118), filed to points in the United States, except products, dairy products and articles February 26, 1959. Applicant: ALTER- Mount Clemens, Detroit, and Flint, Mich. distributed by meat packing houses, as MAN TRANSPORT LINES, INC., P.O. Applicant is authorized to conduct op defined by the Commission in Appendix Box 65, Allapattah Station, Miami 42, erations throughout the United States. I to Ex Parte MC-45 Descriptions in Fla. Applicant’s attorney: Frank B. REARING: May 5, 1959, at the Offices Motor Carrier Certificates, 61 M.C.d 209 Hand, Jr., Transportation Building, or the interstate Commerce Commission, (272), and Frozen foods, from Lafayette, Washington 6, D.C. Authority sought to Washington, D.C:* before Examiner W il Ind., to points in Florida. Applicant is operate as a common carrier, by motor liam Sullivan. authorized to conduct operations in vehicle, over irregular routes, transport Illinois, Wisconsin, Florida, Missouri, No. MC 104340 (Sub No. 135), filed ing: Meat, meat products, and meat by jebruary 25, 1959. Applicant: LEAMAN Kansas, New York, Delaware, District of products, from Denison, Iowa, to points Columbia, Virginia, Maryland, Ohio, TRANSPORTATION COMPANY, INC., in North Carolina, South Carolina, Geor 0 East Lancaster Avenue, Downing- Massachusetts, New Jersey, Pennsyl gia, Alabama, and Florida. Applicant is vania, Rhode Island, Kentucky, Iowa, authorized to conduct operations in T^ n> £*a- Applicant’s attorneys: and Indiana. A* Jaskiewicz and V. Baker Alabama, Arkansas, Delaware, Florida, gmth, Munsey Building, Washington 4, HEARING: April 21, 1959, in Room Georgia, Illinois, Indiana, Iowa, Kansas, 852, U.S. Custom House, 610 South Authority sought to operate as a Kentucky, Louisiana, Maryland, Michi Canal Street,- Chicago, 111., before Ex omtnon carrier, by motor vehicle, over gan, Minnesota, Missouri, Nebraska, New aminer William R. Tyers. Jersey, New York, North Carolina, North lJ'egu^ar routes, transporting: Petro- No. MC 106965 (Sub No. 125), filed Dakota, Ohio, Oklahoma, Pennsylvania, t ^ and Petroleum products, in bulk, in February 3, 1959. Applicant: M. I. South Carolina, South Dakota, Tennes _ Veliicles, from St. Marys and Mor- O’BOYLE & SON, INC., doing business see, Texas, Virginia, West Virginia, Wis town, W. Va., to points in Ohio and as O’BOYLE TANK LINES, 1825 Jeffer consin, and the District of Columbia. 2328 NOTICES
HEARING: May 20, 1959, at the Rome thority sought to operate as a common M. TARBET, 311 South Maryland, Ama Hotel, Omaha, Nebr., before Examiner carrier, by motor vehicle, over irregular rillo, Tex. Applicant’s attorney: Rufus Harold W. Angle. routes, transporting: Machinery, equip H. Lawson, P.O. Box 7342, Oklahoma No. MC 107403 (Sub No. 275), filed Jan ment, materials and supplies used in or City, Okla. Authority sought to operate uary 30, 1959. Applicant: E.JBRO0KE in connection with the discovery, devel as a common carrier, by motor vehicle, MATLACK, INC.,. 33d and Arch Streets, opment, jproduction, refining, manufac over irregular routes, transporting: Philadelphia 4, Pa. Applicant’s attor turing, processing, storage, transmission Building materials and supplies, and ney: Paul F. Barnes, 225 South 15th and distribution of natural gas and pe refrigeration and air-conditioning ma Street, Philadelphia 2, Pa. Authority troleum and their products and by chinery and equipment and parts there sought to operate as a common carrier, products, and pipe and machinery, equip for, between points in New Mexico and by motor vehicle, over irregular routes, ment, materials and supplies used in, or Colorado and points in Dallam, Hartley, transporting: Liquid commodities, in in connection with; the construction, op Oldham, Deaf- Smith, Parmer, Castro, bulk, between points in Illinois, Indiana, eration, repair, servicing, maintenance Swisher, Randall, Potter, Moore, Sher Iowa, Kansas, Kentucky, Michigan, Min and dismantling of pipe lines, including man, Hansford, Hutchinson, Carson, nesota, Missouri, Ohio, Tennessee, and the stringing and picking up thereof, ex Armstrong, Briscoe, Hall, Donley, Gray, Wisconsin, on the one hand, and, on the cept in connection with main or trunk Roberts, Ochiltree, Lipscomb, Hemphill, other,- points in Connecticut, Delaware, pipe lines, between points in Texas, Wheeler, Collingsworth, Childress, Lub Indiana, Kentucky, Maryland, Massa Oklahoma, and Montanav on the one bock, Harris, Tarrant, Dallas, Bexar, chusetts, Michigan, New Hampshire, hand, and, on the other, points in Wash Nacogdoches, El Paso, Bastrop, and Rusk New York, New Jersey, North Carolina, ington. Applicant is authorized to con Counties, Tex. Fertilizer, in bulk or in Ohio, Pennsylvania, Rhode Island, South duct operations in New Mexico, Okla containers, (a) from Tulsa, Okla., to Carolina, Tennessee, Vermont, Virginia, homa, Louisiana, K ansas, Texas, points in New Mexico, Colorado, and West Virginia, and the District of Co Wyoming, Montana, Colorado, North Da those in Dallam, Hartley, Oldham, Deaf lumbia! Applicant is authorized to con kota, Nevada, and Nebraska. Smith, Parmer, Castro, Swisher, Randall, duct operations in Alabama, Connecticut, HEARING: April 28, 1959, at the Fed Potter, Moore, Sherman, Hansford, Delaware, District of Columbia, Georgia, eral Office Building, Franklin and Fan Hutchinson, Carson, Armstrong, Briscoe, Illinois, Indiana, Kansas, Kentucky, nin Streets, Houston, Tex., before Ex Hall, Donley, Gray, Roberts, Ochiltree, Maine, Maryland, Massachusetts, Michi aminer Richard H. Roberts. Lipscomb, Hemphill, Wheeler, Collings gan, Minnesota, Missouri New Hamp No. MC 108449 (Sub No. 81), filed Feb worth, Harris, Tarrant, Dallas, Bexar, shire, New Jerseyr“New York, North ruary 16, 1959. Applicant: INDIAN- Childress, Lubbock, Nacogdoches, and- Carolina, Ohio, Pennsylvania, Rhode HEAD TRUCK LINE, INC., 1947 West El Paso Counties, Tex. (b) From points Island, South Carolina, Tennessee, Ver County Road “ C”, St. Paul 13, Wis. in Moore, Deaf ßmith, Harris, Tarrant, mont, Virginia, West Virginia, and Wis Applicant’s attorney: Glenn W. Ste Dallas, Bexar, Lubbock, Necogdoches, consin. phens, 121 West Doty Street, Madison 3, and El Paso Counties, Tex., to points in HEARING: May 4, 1959, at the Offices Wis. Authority sought to operate as New Mexico and Colorado. Lumber, of the Interstate Commerce Commission, a common carrier, by motor vehicle, from points in New Mexico and Colorado Washington, D.C., before Examiner over irregular routes, transporting: to points in Dallam, Hartley, Oldham, Thomas F. Kilroy for the purpose of re Liquid commodities and dry commodi Deaf Smith, Parmer, Castro, Swisher, ceiving applicant’s evidence. ties, in bulk, in semitrailer vehicles, be Randall, Potter, Moore, Sherman, Hans No. MC 107403 (Sub No. 276), filed Feb tween points in Illinois, Indiana, Iowa, ford, Hutchinson, Carson, Armstrong, ruary 2, 1959. Applicant: E. BROOKE Kansas, Kentucky, Michigan, Minnesota, Briscoe, Hall, Donley, Gray, Roberts, MATLACK, INC., 33d and Arch Streets, Missouri, Ohio, * Tennessee, and Wiscon Ochiltree, Lipscomb, Hemphill, Wheeler, Philadelphia 4, Pa. Applicant’s attor sin, on the one hand, and, on the other; Collingsworth, Childress, Lubbock, Har ney: Paul F. Barnes, 225 South I5th points in Connecticut, Delaware, Indi ris, Tarrant, Dallas, Bexar, Nacogdoches, Street, Philadelphia 2, Pa. Authority ana, Kentucky, Maine, Maryland, Massa and El Paso Counties, Tex. Applicant is sought to operate as a common carrier, chusetts, Michigan, New Hampshire, New authorized to conduct operations in by motor vehicle, over irregular routes, Jersey, New York, North Carolina, Ohio, Colorado, New Mexico, Oklahoma, and transporting: Dry commodities, in bulk, Pennsylvania, Rhode Island, South Caro between points in Illinois, Indiana, Iowa, lina, Tennessee, Vermont, Virginia, West HEARING: June 2, 1959, at the Her Kansas, Kentucky, Michigan, Minnesota, Virginia, and the District of Columbia. ring Hotel, Amarillo, Texas, before Ex Missouri, Ohio, Tennessee, and Wiscon Applicant is authorized to conduct op aminer Robert A. Joyner. sin, on the one hand, and, on the other, erations in Illinois, Iowa, Michigan, Min No. MC 109397 (Sub No. 38), filed points in Connecticut, Delaware, In nesota, Nebraska, North Dakota, South March 19,1959. Applicant: TRI-STATE diana, Kentucky, Maryland, Massachu Dakota, and Wisconsin. TRUCKING CO., a corporation, P.O. Box setts, Michigan, New Hampshire, New HEARING: July 7, 1959, in Room 852, 113, Joplin, Mo. Applicant’s attorney: Jersey, New York, North Carolina, Ohio, U.S. Court House, 610 South Canal St., Max G. Morgan, 443-54 American Na Pennsylvania, Rhode Island, South Caro- Chicago, 111., before Examiner Thomas tional Building, Oklahoma City 2, Okla. lina, Tennessee, Vermont, Virginia, West F. Kilroy, for the purpose of receiving uthority sought to operate as a com- Virginia, and the District of Columbia. applicant’s evidence. ,on carrier, by motor vehicle, over ir- Applicant is authorized to conduct op No. MC 108461 (Sub No. 72), filed No :gular routes, transporting: High level erations in Alabama, Connecticut, Dela vember 5, 1958 (Republication). Appli idioactive fuel elements and contact ware, District of Columbia, Georgia, Illi cant: WHITFIELD TRANSPORTA 's therefor, between The National Re- nois, Indiana, Kansas, Kentucky, Maine, TION, INC., 240 West Amador Street, •tor Testing Station near Arco (Sco Maryland, Massachusetts, Michigan, Las Cruces, N. Mex. Authority sought ne), Idaho, on the one hand, and; on Minnesota, Missouri, New Hampshire, to operate as a common carrier, by motor le other, reactor sites located at or near New Jersey, New York, North Carolina, vehicle, over irregular routes, transport-, onca City, Okla., Lemont and Havey, Ohio, Pennsylvania, Rhode Island,-South ing: Sand, in bulk, from the site of the 1., St. Paul, Minn., Columbus and west Carolina, Tennessee, Vermont, Virginia, Arizona Silica Sand Company at or near jfferson, Ohio, and San Ramon, Cahi., West Virginia, and Wisconsin. Houck, Ariz., to points within San Juan ith authority to: (1) use either earn®“ HEARING: May 4, 1959, at the Of County, N. Mex., Montezuma County, vned or shipper-provided containers fices of the Interstate Commerce Com Colo., and San Juan County, Utah. Ap lording the prescribed amounts of ieaa mission, Washington, D.C., before Ex plicant is authorized to conduct opera fielding to maintain minimum sale aminer Thomas F. Kilroy, for the pur tions. in Arizona, California, Colorado, vels from radiatioh; which containers pose of receiving applicant’s evidence. New Mexico, Texas, and Utah. ay be mounted on either earner-own No. MC 107678 (Sub No. 27), filed De HEARING: May 22, 1959, at the New * shipper-owned trailers; and cz) cember 23, 1958. Applicant: HILL & Mexico State Corporation Commission, •ovide fully trailer carrier personrlei HILL TRUCK LINE, INC., 13019 Sarah Santa Fe, N. Mex., before E x a m in e r Rob [uipped to monitor and ^spcc Lane, P.O. Box 9698, Houston-15, Tex. ert A. Joyner. >oling devices during transit; and t Applicant’s attorney: Joe G. Fender, No. MC 108997 (Sub No. 2), filed irrier to furnish its own momtorms Melrose Building, Houston 2, Tex. Au November 24,1958. Applicant: CLAUDE Wednesday, March 25, 1959 FEDERAL REGISTER 2329
duct operations in Missouri, Oklahoma, and bone meal, in bulk, in hopper-type mission, Washington, D.C., before Exam Kansas, Texas, Nebraska, Arkansas, vehicles, from points in Colorado to iner Thomas F. Kilroy, for the purpose New Mexico, and Illinois. points in California; and rejected and of receiving applicant’s evidence. HEARING: April 27, 1959, at the contaminated shipments of the above- No. MC 109637 (Sub No. 107), filed Offices of the Interstate Commerce Com described commodities, on return. Ap February 20; 1959. Applicant: SOUTH mission, Washington, D.C., before Ex plicant is authorized to conduct opera ERN TANK LINES, INC., 4107 Bells aminer Reece Harrison. tions in Utah, California, Colorado, Lane, Louisville 11, Ky. Authority No. MC 109584 (¡Sub No. 53), filed Idaho, Oregon, Washington, Nevada, sought to operate as a common carrier, January 16,1959. Applicant: ARIZONA- Arizona, Texas, and New Mexico. by motor vehicle, over irregular routes, PACIFIC TA N K LINES, a corporation, HEARING: May 6,1959, at the Federal transporting: Dry commodities, in bulk, 717 North 21st Avenue, Phoenix, Ariz. Building, Los Angeles, Calif., before Ex in tank, hopper or dump vehicles, and Applicant's attorney: R. Y. Schureman, aminer F. Roy Linn. empty containers or other such inci 639 South Spring Street, Los Angeles, No. MC 109584 (Sub No. 61), filed dental facilities (not specified) used in Calif. Authority sought to operate as a March 2» 1959. Applicant: ARIZONA- transporting dry commodities, between common carrier, by motor vehicle, over PACIFIC TA N K LINES, a corporation, points in Illinois, Indiana, Iowa, Kansas, irregular routes, transporting : (1) Vege 717 North 21st Avenue, Phoenix,. Ariz. Kentucky, Michigan, Minnesota, Mis table oils and liquid shortening, in bulk, Applicant’s attorney R. Y. Schureman, souri, Ohio, Tennessee, and Wisconsin, in tank vehicles, from points in Los 639 South Spring Street, Los Angeles 14, on the one hand, and, on the other, Angeles and Orange Counties, Calif., to Calif. Authority sought to operate as a points in Connecticut, Delaware, Indi points in Oregon, Washington, Idaho, / common carrier, by motor vehicle^ over ana, Kentucky, Maine, Maryland, Massa Utah, and Nevada; <2) Molasses, in bulk, irregular routes, transporting: Coconut chusetts, Michigan, New Hampshire, in tank vehicles, from points in the Los oil, in bulk, in tank vehicles, (1) from New Jersey, New York, North Carolina, Angeles Harbor Calif., Commercial Zone, points in the Los Angeles Harbor Com Ohio, Pennsylvania, Rhode Island, South as defined by the Commission, to Denver, mercial Zone, Calif., to Lindsay, Calif., Carolina, Tennessee, Vermont, Virginia, Colo., and (3) Rejected and contami and points within five miles of Lindsay West Virginia,"and the District of Colum nated shipments of the above-specified including Lindsay; (2) from points in bia. Applicant is authorized to conduct commodities from the above-described Alameda, Contra Costa, and San Fran operations in Alabama, Florida, Georgia, destination points to the above-described cisco Counties, Calif., to Lindsay, Calif., Illinois, Indiana, Iowa, Kentucky, Lou origin points. Applicant is authorized and points within five miles of Lindsay isiana, Michigan, Minnesota, Mississippi, to conduct operations in Arizona, Cali including Lindsay; (3) from Lindsay, Missouri, New York, North Carolina, fornia, Colorado, Idaho, Nevada, New Calif., and points within'five miles of Ohio, South Carolina, Tennessee, Texas, Mexico, Oregon, Texas, Utah, and Wash Lindsay including Lindsay to points in Virginia, West Virginia, and Wisconsin. ington. Arizona, Colorado, Idaho, Montana, HEARING: June 29, 1959, at the HEARING:,May 4,1959, at the Federal Nevada, New Mexico, Oregon, Texas, Offices of the Interstate Commerce Com •Building, Los Angeles, Calif., before Ex Utah, and Washington. Rejected and mission, Washington, D.C., before Exam aminer F. Roy Linn. contaminated shipments of the above- iner Thomas F. Kilroy, for the purpose No. MC 109584 (Sub No. 59), filed specified commodity from the above- of receiving applicant’s evidence. - February 24, 1959. Applicant: AR I- specified destination points to their No. MO 109749 (Sub No. 8), filed Oc ZONA-PACIFIC TANK LINES, a corpo respective origin points. Applicant is tober 27, 1958, (Republication.) Appli ration, 717 North 21st Avenue, Phoenix, authorized to conduct operations in Ari cant: GAIL W. DAHL AND FRED E. Ariz. Applicant’s _ attorney : R. Y. zona, California, Colorado, Idaho, Ne HAGEN, doing business as D A H L Schureman, 639 South Spring Street, vada, New Mexico, Oregon, Texas, Utah, TRUCK LINES, 4120 Floyd Avenue, Los Angeles 14, Calif. Authority sought and Washington. Sioux City, Iowa. Applicant’s attorney: to operate as a common carrier, by HEARING: May 5,1959, at the Federal Wallace W. Huff, 310-314 Security Bank motof vehicle, over irregular routes, Building, Los Angeles, Calif., before Ex Building, Sioux City 1, Iowa, Authority transporting: Mixtures or blends of vege aminer F. Roy Linn. sought to operate as a contract carrier, table oils and animal fats, in bulk, in No. MC 109637 (Sub No. 106), filed by motor vehicle, over irregular routes, tank vehicles, from points in the Los February 20, 1959. Applicant: SOUTH transporting: Packing house products as Angeles,^ Calif., and thé Los Angeles Har ERN TAN K LINES, INC., 4107 Bells defined by the Commission in Ex Parte bor, Calif., Commercial Zones, to points Lane,, Louisville 11, Ky. Authority No. MC-38, from Watertown, S. Dak., to in Arizona (except from Long Beach, sought to operate as a common carrier, points in North Dakota, and empty con Calif., to Phoenix and Tucson, Ariz.), and by motor vehicle, over irregular routes, tainers or other such incidental facilities rejected and contaminated shipments of transporting: Liquid commodities, except (not specified) used in transporting the ^thé above-described commodities, on re milk and petroleum products, but in commodities specified in this application turn. Applicant is authorized to con- cluding petroleum chemicals, in bulk, in on return. • duct operations in Utah, California, tank vehicles, and empty containers or Colorado, Idaho, Oregon, Washington, Note: Common control may be Involved. other such incidental facilities (not spec Applicant Is authorized to conduct regular Nevada, Arizona, Texas, and New Mexico. ~ . - ified) used in transporting the above- route operations in. Iowa, Minnesota and specified commodities, between points in South Dakota, and irregular route operations HEARING: May 7, 1959, at the Fed Illinois, Indiana, Iowa\ Kansas, Ken in Iowa, Minnesota, Montana, Nebraska, and eral Building, Los Angeles, Calif,, before tucky, Michigan, Minnesota, Missouri, South Dakota. Joint Board No. 47, or, if the Joint Ohio, Tennessee, and Wisconsin, on the * HEARING: May 18, 1959, at the South Board waives its right to participate, be one hand, and, on the other, points in Dakota Public Utilities Commission, fore Examiner F. Roy Linn. Connecticut, Delaware, Indiana, Ken Pierre, S. Dak., before Joint Board No. No. MC 109584 (Sub No. 60), filed Feb- tucky, Maine, Maryland, Massachusetts, 158. 2 ^ 2 4 , 1959. Applicant: ARIZONA- Michigan, New Hampshire, New Jersey, No. MC 110012 (Sub No. 7), (COR >7 1 TANK LINES, a corporation, New York, North Carolina, Ohio, Penn RECTION) , filed November 7,1958, pub • North 21st Avenue, Phoenix, Ariz. sylvania, Rhode Jsland, .South Carolina, lished issue March 4, 1959, at page 1615. p a n t ’s attorney: R. Y. Schureman, Tennessee, Vermont, Virginia, West Applicant: G. B. C„ INCORPORATED, rti-f °Uth Sprin§ Street, Los Angeles 14, Virginia, and the District of Columbia. Morristown, Tenn. Applicant’s attor Authority sought to operate as Applicant is authorized to conduct oper ney: Arthur M. Marshall, 145 State common carrier, by motor vehicle, over ations in Alabama, Florida, Georgia, Street, Springfield 3, Mass. The subject h//>egUT r routesr transporting: (1) Edi- , Illinois, Indiana, Iowa, Kentucky, Louisi application covered the transportation of ¿^ in e d ib le animal fats, in bulk, in ana, Michigan, Minnesota, Mississippi, various commodities to named points. janx vehicles, from points in Colorado Missouri, New York, North Carolina, On line four from the bottom of page npm,0in^ *n California (except from Ohio, South Carolina, Tennessee, iexas, 1615, the description reads: “ -thiana and Ran Color., to points in Los Angeles, Virginia, West Virginia, and Wisconsin. Middleton, Ky., to Baltimore”. The to Cfvat 'if'Oolsco, Alameda, and Contra HEARING: June 29, 1959, at the preceding Baltimore is in error, and the osta Counties, Calif.), and (2) meat Offices of the Interstate Commerce Com purpose of this correction is to strike No. 58---- 6 2330 NOTICES same. The line correctly will read: Michigan, New Hampshire, New Jersey, operations in Ohio, Indiana, Kentucky, “-thiana and Middleton, Ky., Balti New York, North Carolina, Ohio, Penn Illinois, Pennsylvania, Michigan, Wis more,” . sylvania, Rhode Island, South Carolina, consin, and West Virginia. HEARING: Remains as assigned April Tennessee, Vermont, Virginia, West Note: Applicant states theproposed opera 9, 1959, at the County Court House, Virginia, and the District of Columbia. tion is to be performed under a continuing Knoxville, Tenn., before .Examiner Lu Applicant is authorized to conduct op contract with The Pure Carbonic Company^ cian A. Jackson. erations in Alabama, Arkansas, Dela a Division of Air Reduction Co., Inc. No. MC 110117 (Sub No. 12), filed Feb ware, District of Columbia, Florida, HEARING: May 4, 1959, at the New ruary 11, 1959. Applicant: KENDRICK Georgia, Kentucky, Louisiana, Maryland, Post Office Btiilding, Columbus, Ohio, CARTAGE CO., a corporation^ P.O. Box Mississippi, Missouri, New Jersey, New before Joint Board No. 62. 63, Salem, 111. Applicant’s representa York, North Carolina, Ohio, Pennsyl tive: A. A. Marshall, 305 Buder Building, vania, South Carolina, Tennessee, Texas, No. MC 111624 (Sub No. 5), filed March St. Louis 1, Mo. Authority sought to Virginia, and West Virginia. 11,1959. Applicant: SCHWERMAN CO., operate as a contract carrier, by motor HEARING: June 22, 1959, at the O f OF PA., INC., 620 South 29th Street, Mil vehicle, over irregular routes, trans fices of the Interstate Commerce Com waukee 46, Wis. Applicant’s attorney: porting: Fuel oil, in bulk, in tank vehic mission, Washington, DC., before Ex Adolph E. Solie, 715 First National Bank les, from the refinery of the Texas Com aminer Thomas F. Kilroy, for the Building, Madison 3, Wis. Authority pany near Lawrenceville, 111., to points in purpose of receiving applicant’s evidence. sought to operate as a contract carrier, Indiana and Ohio. Applicant is author No. MC 110988 (Sub No. 56), filed Jan by motor vehicle, over irregular routes, ized to conduct operations in Arkansas, uary 19, 1959. Applicant: KAMPO transporting: Cement (Portland, Hy Illinois, Indiana, Kentucky, Missouri, TRANSIT, INC., 200 Cecil Street, Nee- draulic, and Masonry) from the plant and Tennessee. A proceeding has been nah, Wis. Applicant’s representative: site of the Lone Star Cement Corporation instituted under section 212(c) of the Adolph E. Solie, 715 First National Bank at Washington, D.C., to points in Dela ware, Maryland, New Jersey, Pennsyl Interstate Commerce Act to determine Building, Madison 3, Wis. Authority vania, Virginia, and West Virginia, and whether applicant’s status is that of a sought to operate as a common carrier, empty containers or other such inci contract or common carrier, assigned No/ by motor vehicle, over irregular routes, MC 110117 (Sub No. 8 ) > transporting: Paper maker’s alum, dental facilities (not specified) used in transporting cement on return. Appli HEARING: May 11, 1959, at tlfe New liquid, in bulk, in tank vehicles, from Post Office Balding, Columbus, Ohio, be Neenah and Wisconsin Rapids, Wis., to cant is authorized to conduct operations in Maryland, Ohio, Pennsylvania, and fore Joint Board No. 58. points in Minnesota and the Upper West Virginia. No. MC 110410 (Sub No. 3), filed Feb Peninsula of Michigan. Applicant is ruary 2, 1959. Applicant: BENTON authorized to conduct operations in HEARING: April 13,1959, at the Offices BROTHERS FILM EXPRESS, INC., 168 Wisconsin, Illinois, Georgia,J Louisiana, of the Interstate Commerce Commis Baker Street NW., Atlanta, Ga. Appli Missouri, Oklahoma, Texas, Nebraska, sion, Washington, D.C., before Examiner cant’s attorney: Devareaux F. McClat- Minnesota, Iowa, Indiana, Michigan, Lawrence A. Van Dyke, Jr., for the pur chey, Hurt Building, Atlanta 3, Ga. Ohio, Kentucky, Arkansas, Kansas, pose of receivingapplicant’s evidence. Authority sought to operate as a com Tennessee, and Florida. No. MC 112020 (Sub No. 56), (Amend mon carrier, by motor vehicle, over ir HEARING: May 13, 1959, at the Wis ment) filed November 4, 1958, published regular routes, transporting: Magazines, consin public Service Commission, Madi issue March 4, 1959. Applicant: COM (1) between Atlanta, Warrenton, Thom son, Wis., before Joint Board No. 282. MERCIAL OIL TRANSPORT, a Texas corporation, 1030 Stayton Street, Fort son, Harlem and Augusta, Ga., and points No. MC 111401 (Sub No. 105), filed Worth, Tex. Applicant’s attorney: Le in Georgia on and east of Georgia High December 29,1958. Applicant: GROEN- way 3 (also designated U.S. Highway 19) DYKE TRANSPORT, INC., 2204 North roy Hallman, First National Bank Build and south of Georgia Highway 12 on the ing, Dallas 2, Tex. Authority sought to Grand, Enid, Okla. Authority sought to operate as a common carrier, by motor one hand, and, on the other, points in operate as a common carrier, by motor vehicle, over irregular routes, transport Florida on and east of U.S. Highway 319 vehicle, over irregular routes, transport from the Georgia-Florida State line to ing: Vegetable oils, in bulk, in tank ve ing: Helium gas, in bulk, in specialized hicles, from the site of the Buckeye-Cel Tallahassee, Fla., and on and north of a vehicles, from points in Texas on and line beginning at Tallahassee and ex lulose Corporation Mills and the site of north of U.S. Highway 66, and from the Ralston Purina Mills (formerly Buck tending along U.S. Highway 90 to Water- points in Oklahoma on and north of U.S. town, Fla.,,thence along Florida High eye-Cellulose Corporation Mills), at Highway 66 and on and west of U.S. Memphis, Tenn., to the plant site of way 100 to Starke, Fla., and thence along Highway 283, to points in the United Procter and Gamble at Dallas, Tex. Ap Florida Highway 16 to St. Augustine, States. Applicant is authorized to con plicant is authorized to conduct opera Fla. (2) Between all points in Florida. duct operations in Arizona, Arkansas, tions in Texas, Louisiana, - Arkansas, Applicant is authorized to conduct oper California, Colorado, Iowa, Kansas, Oklahoma, Kansas, Nebraska, Colorado, ations in Florida and Georgia. Louisiana, Mississippi, Missouri, Ne Mississippi, Illinois, Indiana, Iowa, Mich HEARING: May 1, 1959, at 680 West braska, New Mexico, Oklahoma, Tennes igan, Ohio, Wisconsin, New York, South Peachtree Street NW, Atlanta, Ga., be see, Texas, Utah, and Wyoming. Dakota, Pennsylvania, New Mexico, and fore Joint Board No. 64, or, if the Joint HEARING: June 1, 1959, at Herring Arizona. Board waives its right to participate, Hotel, Amarillo, Tex., before Examiner before Examiner Walter R. Lee. Robert A. Joyner. Note: Applicant states that' the above re- quested authority will be restricted against No. MC 110698 (Sub No. 114), filed No. MC 111623 (Sub No. 18), filed De February 17, 1959. Applicant: RYDER tacking to any other authority held by ap cember 9, 1958. Applicant: SCHWER- plicant. TA N K LINE, INC., P.O. Box 457, Wins MAN TRUCKING CO. OF OHIO, 620 ton Road, Greensboro, N.C. Applicant’s South 29th Street, Milwaukee 46, Wis. HEARING: Remains as assigned April attorney: Frank B. Hand, Jr., Transpor Applicant’s attorney: James R. Ziperski, 7,1959, at the Baker Hotel, Dallas, Tex., tation Building, Washington 6, D.C. Legal Dept., Schwerman Trucking Co. efore Joint Board No. 34, or, if the Joint Authority sought to operate as a common (same address as applicant). Authority loard waives its right to participate* carrier, by motor vehicle, over irregular sought to operate as a contract carrier, efore Examiner Richard H. Roberts. routes, transporting: Liquid commod by motor vehicle, over irregular routes, No. MC 112442 (Sub No. 10), filed No ities, except milk and petroleum prod transporting: Carbon dioxide, liquefied, ember 19,1958. Applicant: H. LM A N - ucts, but including petroleum chemicals, in bulk, in tank vehicles, and carbon di 1SS, doing business as MANESS TRUCK. in bulk, in trailer vehicles, and dry com oxide, solidified (dry ic e ), from the plant INE, 223 Wisconsin, Neodesha, Kans. modities, in bulk, between points in site of the Pure Carbonia Company, lo pplicant’s attorney: John E. Jandera, Illinois, Indiana, Iowa, Kansas, Ken cated in or near Lima, Ohio, to points in 41 Harrison Street, Topekd, Kan. AU- tucky, Michigan, Minnesota, Missouri, Kentucky and West Virginia, and empty lority sought to operate as a comwcm Ohio, Tennessee, and Wisconsin, on the containers br other such incidental facili r contract carrier, by motor venici, one hand, and, on the other, points in ties used in transporting the above- yer irregular routes, transporting. ( Connecticut, Delaware, Indiana, Ken described commodities, on return. Ap dehydrated alfalfa meal products ana ____ T-.____ A/Tn on the tucky, Maine, Maryland, Massachusetts, plicant is authorized to conduct Wednesday, March 25, 1959 FEDERAL REGISTER 2331
one hand, and, on the other, Neodesha, Denver 2, Colo. Authority sought to near Mount Morris, Pa., and running Lawrence, Topeka, Garden City, and operate as a common carrier, by motor south through Clarksburg and Beckley Belle Plaine, Kans.; (2) dehydrated vehicle, over regular and irregular routes, to a point on the West Virginia border alfalfa meal products and pellets, transporting: IRREGULAR: Newspa near Bluefield, W. Va. Applicant is au between Brunswick, Mo., Neodesha, pers, from Denver, Colo., to points in New thorized to conduct operations in New Lawrence, Topeka, Garden City, and Mexico; and REGULAR AND IRREG York, Maryland, Pennsylvania, Virginia, Belle Plaine, Kans., on the one hand, and, ULAR: Periodicals, magazines, books, New Jersey, District of Columbia, West on the other, points in Illinois and Indi and express packages, between points in Virginia, Delaware, and Florida. ana; (3) steel in sheets and steel in bar territory authorized applicant in Certifi HEARING: April 28, 1959, at the forms, from points in the Chicago, 111., cates Nos. MC 112593 and Subs 2, 9, and Offices of the Interstate Commerce Com Commercial Zone, as defined by the Com 11, issued August 16, 1951, July 8, 1953, mission, Washington, D.C., before Exam mission, and those in the St. Louis, Mo., January 27, 1958, and September 19, iner James O’D. Moran. Commercial Zone, as defined by the 1958, respectively. Applicant Is author No. MC 113514 (Sub No. 46), filed Commission, to Neodesha, Kans. Appli ized to conduct operations in Colorado, December 8, 1958. Applicant: SMITH cant is authorized to conduct operations, New Mexico, and Texas. TRANSIT, INC., 305 Simons Building, in Texas, Kansas, Missouri, and Note : Applicant states that express pack Dallas, Tex. Applicant’s attorney: W. D. Louisiana. ages narry a 25 percent higher rate than White, 1900 Mercantile Dallas Building, Note: A proceeding has been instituted scheduled common carriers. ' Dallas 1, Tex. Authority sought to op under section 2 12 (c) to determine whether erate as a common carrier, by motor HEARING: May 28,1959, at the Hilton applicant’s status is that of a common or vehicle, over irregular routes, transport Hotel, Albuquerque, N. Mex., before Joint contract carrier in No. MC 112442 (Sub No- ing: Soda ash, in bulk, in tank and Board No. 89, or, if the Joint Board 9), hopper-type vehicles, from Baton Rouge waives its right to participate, before HEARING: May 11, 1959, at the Hotel Examiner Robert A. Joyner. and Lake Charles, La., to points in Texas. Applicant is authorized to conduct op Kansan, Topeka, Kans., before Exam No. MC 112617 (Sub No. 50), filed Feb iner Harold W. Angle. erations in Alabama, Arizona, Arkansas, ruary 16, 1959. Applicant: LIQUID Colorado, Kansas, Louisiana, Mississippi, No. MC 112497 (Sub No. 136), filed TRANSPORTERS, INC., P.O. Box 5135, February 18, 1959. Applicant: HEARIN Missouri, New Mexico, Oklahoma, Texas, Cherokee Station, Louisville 5, Ky. Ap and Utah. TANK LINES, INC., 6440 Rawlins Street, plicant’s attorney: Rudy Yessin, McClure Baton Rouge, La. Applicant’s attorney: Building, Frankfort, Ky. Authority Note: Applicant is under common control Harry C. Ames, Jr., Transportation sought to operate as a common carrier, with Chemical Express (Permit No. MC Building, Washington, D.C. Authority 115135 (Sub No. 1), dated January 28, 1957). by motor vehicle, over irregular routes, Section 210 (dual authority) may be involved. sought to operate as a common carrier, transporting: Liquid commodities, ex by motor vehicles, over irregular routes, cept milk and petroleum products, but HEARING: April 29, 1959, at the Fed transporting: Lubricating oil, in bulk, including petroleum chemicals, in bulk, eral Office Building, Franklin and Fannin in tank vehicles, from Goodhope, La., to in trailer vehicles, and dry commodities, Streets, Houston, Tex., before Joint the Naval Auxiliary A ir Station, Whiting in bulk, between points in Illinois,. Board No. 32, or, if the Joint Board Field, near Milton, Fla. Applicant is au Indiana, Iowa, Kansas, Kentucky, Mich waives its right to participate, before Ex thorized to conduct operations in Ala igan, Minnesota, Missouri, Ohio, Ten aminer Richard H. Roberts. bama, Arizona, Arkansas, California, nessee, and Wisconsin, on the one hand, No. MC 113558 (Sub No. 6), filed Florida, Georgia, Illinois, Indiana, Iowa, and, on the other, points in Connecticut, February 16, 1959. Applicant: BELYEA Kansas, Kentucky, Louisiana, Missis Delaware, Indiana, Kentucky, Maine, TRUCK CO., a corporation, 6800 South sippi, Missouri, New Jersey, New Mexico, Maryland, Massachusetts, Michigan, Alameda Street, Los Angeles 1, Calif. New York, North Carolina, Ohio, Okla New Hampshire, New Jersey, New York, Applicant’s attorney: Wyman C. Knapp, homa, Pennsylvania, South Carolina, North Carolina, Ohio, Pennsylvania, 727 West Seventh Street, Los Angeles 17, Tennessee, and Texas. Rhode Island, South Carolina, Tennes Calif. Authority sought to operate as a HEARING: April 29, 1959, at the see, Vermont, Virginia, West Virginia, common carrier, by motor vehicle, over Offices of the Interstate Commerce Com and the District of Columbia. Applicant irregular routes, transporting: Iron and mission, Washington, D.C., before Ex is authorized to conduct operations in steel reinf orcing bars, having a minimum aminer James O’D. Moran. Alabama, Arkansas, Florida, Georgia, length of forty (40) feet, from the Fort No. MC 112497 (Sub No. 139), filed Illinois, Indiana, Iowa, Kansas, Ken of Entry on the boundary between the February 27, 1959. Applicant: HEARIN tucky, Louisiana, Maryland, Michigan, United States and Mexico at Calexico, TANK LINES, INC., 6440 Rawlins Street, Minnesota, Mississippi, Missouri, Ne Calif., to points in Arizona, and damaged Baton Rouge, La. Applicant’s attorney: braska, North Carolina, New York, Ohio, and/or rejected iron and steel reinforc Harry c. Ames, Jr., Transportation Oklahoma, Pennsylvania, South Caro ing bars, on return. Applicant is au Building, Washington, D.C. Authority lina, Tennessee, Texas, Virginia, West thorized to conduct operations in New sought to operate as a common carrier, Virginia, and Wisconsin. Mexico, Nevada, California, and Arizona. by motor vehicle, Over irregular routes, HEARING: June 18, .1959, at the HEARING: May 7,1959, at the Federal transporting: (1) Pulp mill liquid, crude Offices of the Interstate Commerce Com Building, Los Angeles, Calif., before tall oil, and black liquor skimmings, in mission, Washington, D.C., before Exam Joint Board No. 47, or, if the Joint Board bulk, in tank vehicles, from Orange and iner Thomas F. Kilroy, for the purpose waives its right to participate, before Herty, Tex., to Bay Minette, Ala., and (2) of receiving applicant’s evidence. Examiner F. Roy Linn. pulp mill liquid, in bulk, in tank vehicles, No. MC 112668 (Sub No. 19), (Republi No. MC 113779 (Sub No. 84), filed Jan from Pasadena, Tex., to Bay Minette, cation) filed October 15, 1958. Appli uary 5, 1959. Applicant: YORK INTER Ala. Applicant is authorized to conduct cant: HARVEY R. SHIPLEY & SONS, STATE TRUCKING, INC., 9020 Laporte operations in Alabama, Arkansas, Cali INC., Finksburg, Md. Applicant’s repre Expressway, P.O. Box 12385, Houston 17, fornia, Florida, Georgia, Illinois, Indiana, sentative: Donald E. Freeman, Union- Tex. Authority sought to operate as a Kentucky, Louisiana, Mississippi, Mis town Road, Box 24, Westminster; Md. common carrier, by motor vehicle, over souri New JerSey, New York, North Authority souglit to operate as a common irregular routes, transporting: Mercap- Carolina, Ohio, Pennsylvania, South carrier, by motor vehicle, over irregular tans (gas ordents), from Borger, Tex., to Carolina, Tennessee, Texas, and Virginia. routes, transporting: Crushed and points in California, Colorado, Georgia, rs£EARING: AprU 29’ 1959» at the ground stone, in bulk, in dump vehicles, Illinois, Iowa, Kentucky, Louisiana, unices of the Interstate Commerce Com from Marriottsville, Md., to points in Maryland, Michigan, Minnesota, Mis mission, Washington, D.C.» before Ex- Delaware, New Jersey, Virginia, District souri, Nebraska, New York, Ohio, Okla ammer James O’D. Moran. of Columbia, those in Chemung, Tioga, homa, Pennsylvania, Tennessee, Texas, No. MC 112593 (Sub No. 12), filed Jan- Broome, Delaware, Ulster, Sullivan, and West Virginia. Applicant is author tSJ o ’ 1959' Applicant: SIDNEY W. Dutchess, Orange, Winchester, Rockland, ized to conduct operations in Alabama, doing business as SOUTH and Nassau Counties, N.Y., and New Arizona, California, Colorado, Florida, WESTERN FILM SERVICE, P.O. Box; York, N.Y., and points in West Virginia Georgia, Illinois, Indiana, Iowa, Kansas, .Taos, N. Mex. Applicant’s attorney:' east of U.S. Highway 19 beginning at the Kentucky, Louisiana, Michigan, Minne w i o n F. Jones, 526 Denham Building, West Virginia-Pennsylvania State line sota, Mississippi, Missouri, Nebraska, 2332 NOTICES
Nevada, New Jersey, New Mexico, North Kans. Authority sought to operate as a Carolina, Ohio, Oklahoma, Pennsylvania, in Alabama, Arizona, Arkansas, Cali common carrier, by motor vehicle, over fornia, Colorado, Connecticut, Florida South Carolina, South Dakota, Tennes regular routes, transporting : General see, Texas, Utah, Virginia, West Virginia, Georgia, Idaho, Illinois, Indiana, Iowa] commodities, except articles of unusual Kansas, Kentucky, Louisiana, Minnesota, Wisconsin, and Wyoming. value, Class A and B explosives, house H EARING : . May 1, 1959, at the Fed Mississippi, Missouri, Nebraska, Nevada] hold goods as defined by the Commission, New Jersey, New Mexico, North Carolina, eral Office Building, Franklin and Fan commodities in bulk, and those requiring nin Streets, Houston, Tex., before Ex Oklahoma, Oregon, South Carolina] special equipment, between points in South Dakota, Tennessee, Texas, Wash aminer Richard H. Roberts. Kansas as follows: (1) From the Kansas- No. MC 113908 (Sub No. 47), filed Jan ington, West Virginia, and Wisconsin. Colorado State line near Kanorado, HEARING: April 30, 1959, at the Fed uary 6, 1959. Applicant: ERICKSON Kans., over U.S. Highway 24 to junction TRANSPORT CORPORATION, MPO eral Office Building, Franklin and Fannin U.S. Highway 83, thence over U.S. High Streets, Houston, Tex., before Joint Box 706, Springfield, Mo. Applicant’s way 83 to junction U.S. Highway 50 near attorney: Turner White, 808 Woodruff Board No. 32, or, if the Joint Board Garden City, Kans., thence over U.S. waives its right to participate, before Building, Springfield, Mo. Authority Highway 50 to junction Kansas Highway sought to operate as a common carrier, Examiner Richard H. Roberts. 27, thence over Kansas Highway 27 to No. MC 116317 (Sub No. 4), filed De by motor vehicle, over irregular routes, junction U.S. Highway 24 at Goodland, transporting: Liquid wax, in bulk, in cember 15, 1958. Applicant: FEASTER Kans., thence over U.S. Highway 24 to TRUCKING SERVICE, INC., Claffin, tank vehicles, from points in Jefferson Kanorado, and return over the same County, Tex., to Denver, Colo., Cheyenne, Kans. Applicant’s attorney: John E. route, serving all intermediate points; Jandera, 441 Harrison Street, Topeka, Wyo., Albuquerque, N. Mex„ and Phoe (2) From junction Kansas Highway 27 nix, Ariz. Applicant is authorized to Kans. Authority sought to operate as and U.S. Highway 40 near Sharon a contract or common carrier, bjrmotor conduct operations in Illinois, Indiana, Springs, Kans., over U.S. Highway 40 to Ohio, Kentucky, South Dakota, Iowa, vehicle, over irregular routes, transport the Kansas-Colorado State line, serving ing: Brick and tile, including ceramic Missouri, Kansas, Minnesota, Nebraska, all intermediate points; (3) From junc Texas, Florida, Michigan, and Wisconsin. and masony products, (1) Between tion Kansas Highways 27 and 96 near Tulsa, Oklahoma City and Clinton, Okla., HEARING: May 1, 1959, at the Fed Tribune, Kans., over Kansas Highway 96 eral Office Building, Franklin and Fan on the one hand, and, on the other, all to the Kansas-Colorado State line, serv points in Missouri, Nebraska, Iowa and nin Streets, Houston, Tex., before Exam ing all intermediate points; and (4) iner Richard H. Roberts. Kansas, and that portion of Texas lying From junction U.S. Highway 50 and on and north of Texas Highway 79 be No. MC 114533 (Sub No. 8), filed Feb Kansas Highway 27 near Syracuse, ginning at the Texas-Oklahoma State ruary 17, 1959. Applicant: BANKERS Kans., over U.S. Highway 50 to the line, thence west on Texas Highway 79 DISPATCH CORPORATION, 4658 South Kansas-Colorado State line, serving all to Wichita Falls, Tex., thence west on Kedzie Avenue, Chicago, 111. Applicant’s intermediate points. Applicant is au U.S. Highway 82 to Lubbock, Tex., thence attorney : David Axelrod, 39 South La thorized to conduct operations in Colo west on U.S. Highway 62 to the Texas- Salle Street, Chicago 3, 111. Authority rado. New Mexico State line, and all points in sought to operate as a common carrier, Note: Applicant states that the above- that portion of New Mexico lying on and by motor vehicle, over irregular routes, specified commodities will be transported on east of U.S. Highway 85 beginning at the transporting: Microfilm, commercial pa call and demand and that the transportation New Mexico-Colorado State line', thence pers, documents and written instruments of General Freight shall not include live south along U.S. Highway 85 to Santa (except coins, currency, and negotiable stock, hay or explosives. Applicant con Fe, N. Mex., thence in a northwesterly ducts operations under the Second Proviso securities), as are used in the conduct direction along U.S. Highway 84 to its and operation of banks and banking in of section 206(a)(1) of the Interstate Com merce Act. junction with New Mexico Highway 96, stitutions, (1) from Kansas City and St. thence south along New Mexico Highway Joseph, Mo., to points in Otoe, Cass, HEARING: May 13, 1959, at the Hotel 96 to its junction with New Mexico High Sarpy, Douglas, Lancaster, Johnson, arwj Kansan, Topeka, Kans., before Joint way 44, thence on and east of New Mex Nemaha Counties, Nebr., and to points in Board No. 52, or, if the Joint Board ico Highway 44 to its junction with U .S . Kansas. (2) .From Omaha, Nebr., to waives its right to participate, before Ex Highway 85 at or near Bernalillo, N. points in Woodbury, Monona, Harrison, aminer Harold W. Angle. Mex., thence on and east of U.S. High Pottawattamie, Shelby, Audubon, Guth No. MC 115796 (Sub No. 1), filed No way 85 to the New Mexico-Mexico Inter rie, Adair, Dallas, Madison Warren, and vember 25, 1958. Applicant: W. C. national Boundary line; and all points in Polk Counties, Iowa. Applicant is au HARTZELL, Belle Fourche, S. Dak. Ap that portion of Wyoming lying on and thorized to conduct operations in Illi plicant’s attorney: Lem Overpeck, Belle east of Wyoming Highway 287 beginning nois, Indiana, Michigan, and Wisconsin. Fourche, S. Dak. Authority sought to at the Wyoming-Colorado State line, HEARING: May 15,1959, at the Rome operate as a common carrier, Joy motor thence westerly along U.S. Highway 287 Hotel, Omaha, Nebr., before E x a m in e r vehicle, over irregular routes, transport to Muddy Gap, Wyo., thence in a north Harold W. Angle. ing: Livestock and poultry feeds, from easterly direction along Wyoming High No. MC 114897 (Sub No. 12), filed Feb Sioux City, Iowa, to points in Perkins way 220 to Casper, Wyo., thence easterly ruary 5, 1959. Applicant: WHITFIELD County, S. Dak., and livestock on return. along U.S. Highway 20 to the Wyoming- TANK LINES, INC., 240 West Amador HEARING: May 22, 1959, at the Alex Nebraska State line; and to all points Street, Las Cruces, N. Mex. Authority Johnson Hotel, Rapid City, S. Dak., 1:00 in that portion of Colorado lying on and sought to operate as a common carrier, o’clock p.m., United States standard time, east of U.S. Highway 287 beginning at by motor vehicle, over irregular routes, or (1:00 o’clock p.m. daylight saving the Wyoming-Colorado State line, thence transporting: Molasses, in bulk, in tank time, if that time is observed), before south along U.S. Highway 287 to Denver, vehicles, from El Paso, Texas, to points Joint Board No. 185. Colo., thence south along U.S. Highway in New Mexico and Colorado. Applicant No. MC 116077 (Sub No. 58), filed De 85 to the Colorado-New Mexico State is authorized to conduct operations in cember 12, 1958. Applicant: ROBERT line, (2) Between Wichita and Buffalo, Arizona, Colorado, Nevada, New Mexico, SON TANK LINES, INC., 5700 Polk Ave Kans., on the one hand, and, on the Texas, and Utah. nue, Houston, Tex. Applicant’s attor other, all points in Missouri, Nebraska, HEARING: May 29,1959, at the Hilton neys: Charles D. Mathews and Thomas Iowa and Oklahoma, and that portion Hotel, Albuquerque, N. Mex., before Joint E. James, P.O. Box 858, Austin 65, Tex. of Texas lying on and north of Texas Board No. 89, or, if the Joint Board Authority sought to operate as a com Highway 79 beginning at the Texas- waives its right to participate, before mon carrier, by motor vehicle,, over ir Oklahoma State line, thence west along Examiner Robert A. Joyner. regular routes, transporting: Sulphuric Texas Highway 79 to Wichita Falls, Tex., No. MC 115716 (Sub No. 5), filed acid, in bulk, in tank vehicles, (1) from thence west along U.S. Highway 82 to January 30,1959. Applicant: DENVER- Beaumont and Chaison, Tex., to Lake Lubbock, Tex., thence west along U S. LIMON - BURLINGTON TRANSFER Charles, West Lake, and Cameron, La., Highway 62 to the Texas-New Mexico COMPANY, a corporation, 1420 18th and (2) from West Lake Charles, La., State line, and all points in that portion Street, Denver, Colo. Applicant’s at to Beaumont and Chaison, Tex. Appli of New Mexico lying on and east of U.S. torney: James W. Wallace, Scott City, cant is authorized to conduct operations Highway 85 beginning at the New Wednesday, M a rch 25, 1959 FEDERAL REGISTER 2333
Mexico-Colorado State line, thence south that portion of Wyoming lying on and hand, and, on the other, points in Con along U.S. Highway 85 to Santa Pe, N. east of Wyoming Highway 287 beginning necticut, Delaware, Indiana, Kentucky, Mex., thence in a northwesterly direc at the Wyoming-Colorado State line, Maine, Maryland, Massachusetts, Mich tion along U.S. Highway 84 to its junc thence westerly along U.S. Highway 287 igan, New Hampshire, New York, New tion with New Mexico Highway 96, thence to Muddy Gap, Wyo., thence in a north Jersey, North Carolina, Ohio, Pennsyl south along New Mexico Highway 96 to easterly direction along Wyoming High vania, Rhode Island, South Carolina, its junction with New Mexico Highway way 220 to Casper, Wyo., thence easterly Tennessee, Vermont, Virginia, and West 44, thence on and east of New Mexico along U.S. Highway 20 to the Wyoming - Virginia. Applicant is authorized to con Highway 44 to its junction with U.S. Nebraska State line; and all points in duct operations in Alabama, Arkansas, Highway 85 at or near Bernalillo, N. Mex., Iowa. Applicant has a pending appli Georgia, .Illinois, Indiana, Kentucky, thence on and east of U.S. Highway 85 to cation for a common carrier authority in Maryland, Michigan, Mississippi, Mis the New Mexieo-Mexico International Docket No. MC 117651 (Sub 2). Dual souri, New York, North Carolina, Ohio, Boundary line; and all points in that por operations under section 210 may be Pennsylvania, South Carolina, Tennes tion of Wyoming lying on and east of involved. see, Texas, Virginia, West Virginia, and Wyoming Highway 287 beginning at the HEARING: May 4, 1959, at the Hotel Wisconsin. Wyoming-Colorado State line, thence Kansan, Topeka, Kans., before Examiner Note: Dual operations may be involved. westerly along U.S. Highway 287 to Harold W. Angle. Muddy Gap, Wyo., thence in a northeast No. MC 116356 (Sub No. 3), filed De HEARING: May 18,1959, at the Offices erly direction along Wyoming Highway cember 8, 1958. Applicant: E. D. o f the Interstate Commerce Commission, 220 to Casper, Wyo., thence easterly along PEARCE, Rt. 1, Box 210, Loyngton, N. Washington, D.C., before Examiner U.S. Highway 20 to the Wyoming-Ne- Mex. Applicant’s attorney: Howell R. Thomas F. Kilroy, for the purpose of re braska State line; and to all points in Spear, 109 South Main, P.O. Box 203, ceiving applicant’s evidence. that portion of Colorado lying on and Lovington, N. Mex. Authority sought to No. MC 117344 (Sub No. 14), filed Feb east of U.S. Highway 287 beginning at the operate as a contract carrier, by motor ruary 3, 1959. Applicant: THE MAX Colorado-Wyoming State line, thence vehicle, over irregular routes, transport WELL CO., 2200 Glendale-Milford Road, south along U.S. Highway 287 to Denver, ing; Migrant workers and their baggage, Cincinnati 15, Ohio. Applicant’s at Colo., thence south along U.S. Highway between points in El Paso County, Tex., torney: Herbert Baker, 50 West Broad 85 to the Colorado-New Mexico State line. on the one hand, and, on the other, points Street, Columbus 15, Ohio. Authority Applicant is authorized to conduct con in Socorro, Hidalgo, Chaves, and Eddy sought to operate as a common carrier, tract carrier operations in Colorado, Counties, N. Mex. by motor vehicle, over irregular routes, Kansas, Missouri, Nebraska, Oklahoma HEARING: May 21, 1959, at the New transporting: Liquid commodities, except and Texas. (3) Prom Great Bend and Mexico State Corporation Commission, milk and petroleum products, but in Kanopolis, Kans., to all points lying on Santa Fe, N. Mex., before Joint Board No. cluding petroleum chemicals, in bulk, in and south of U.S. Highway 66 beginning 33, or, if the Joint Board waives its right trailer vehicles, and empty containers or at the Oklahoma-Texas State line, to participate, before Examiner Robert other such incidental facilities (not spec thence along U.S. Highway 66 to Tulsa, A. Joyner. ified) between points in Illinois, Indiana, Okla., thence easterly along Oklahoma No. MC 116691 (Sub No. 1), filed De Iowa, Kansas, Kentucky, Michigan, Min Highway 33 to the Oklahoma-Arkansas cember 8, 1958. Applicant: NICHOLAS nesota, Missouri, Ohio, Tennessee, and State line; and all points in that portion GENTILE, doing business as GENTILE Wisconsin, on the one hand, and, on the of Missouri lying on and west of a line DISTRIBUTORS, Fifth Avenue and other, points in Connecticut,' Delaware, beginning at the Missouri-Arkansas Railroad Street, Hurley, Wis, Appli Indiana, Kentucky, Maine, Maryland, State line near Seligman, Mo., and ex cant’s attorney: Alex J. Raineri, Hurley, Massachusetts, Michigan, New Hamp tending along Missouri Highway 37 to Wis. Authority sought to operate as a shire, New Jersey, New York, North Car junction U.S. Highway 60 at or near contract carrier, by motor vehicle, over olina, Ohio, Pennsylvania, Rhode Island, Monett, Mo., thence along U.S. Highway irregular routes, transporting: Empty South Carolina, Tennessee, Vermont, 60 to junction Missouri Highway 13, shop trailers and shop trailers loaded Virginia, and West Virginia. Applicant thence along Missouri Highway 13 to with equipment, between points in Michi is authorized to conduct operations in junction U.S. Highway 69 at or near gan, Minnesota, and Wisconsin. Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Maryland, Michigan, Bethany, Mo., and thence along U.S. N ote: Applicant explains the proposed Highway 69 to the Missouri-Iowa State service as follows: The contractor is located Mississippi, Missouri, New York, North line; and all points in that part of Colo at Ironwood, Mich., and Manitowish Water-, Carolina, Ohio, Pennsylvania, South rado on and east of U.S. Highway 287, Wis. It is an industrial piping, plumbing Carolina, Tennessee, Texas, Virginia, beginning at the Wyoming-Colorado and heating corporation. They contract for West Virginia, and Wisconsin. work anywhere in the U.S.A. and require the State line, thence south along U.S. High Note: Dual operations may be Involved. way 287 to Denver, Colo. (Applicant in hauling of their trailers to wherever they may be working. The route would be from the HEARING: May 18,1959, at the Offices dicates it presently has authority on and home location to each job. The return trip east of U.S. Highway 85 ); and all points of the Interstate Commerce Commission, is without trailers, when job is completed Washington, D.C., before Examiner located within Texas lying on and north tractor returns to pick up trailers or new of Texas Highway 79 beginning at the haul. The proposed operation requires the Thomas F. Kilroy, for the purpose of re Texas-Oklahoma State line, thence west return of the tractor without trailer on each ceiving applicant’s evidence., along Texas Highway 79 to Wichita Palls, * occasion. No. MC 117344 (Sub No. 15), filed Feb Tex., thence west along U.S. Highway 82 ruary 9, 1959. Applicant: THE MAX HEARING: May 13, 1959, at the Wis WELL CO., 2200 Glendale-Milford Road, «> Lubbock, Tex., thence west along consin Public Service Commission, Madi Texas Highway 62 to the Texas-New Cincinnati 15, Ohio. Applicant’s '"at son, Wis., before Joint' Board No. 282. torney: Herbert Baker, 50 West Broad Mexico State line; and,all points located No. MC 117344 (Sub No. 13), filed Feb in that portion of New Mexico lying on Street, Columbus 15, Ohio. Authority ruary 2, 1959. Applicant: THE MAX-" sought to operate as a common carrier, and east of U.S. Highway 85 beginning WELL CO., 2200 Glendale-Milford Road, by motor vehicle, over irregular routes, at the New Mexico-Colorado State line,’ Cincinnati 15, Ohio. Applicant’s at transporting: Aluminum Sulphate, in thence south along U.S. Highway 85 to torney: Herbert Baker, 50 West Broad bulk, from points in Butler County, Ohio, Santa Fe, N. Mex., thence in a northwest Street, Columbus 15, Ohio. Authority to points in Fayette County, Ky., and erly direction along U.S. Highway 84 to sought to operate as a common carrier, empty containers or other such inci a« i unction w^h New Mexico Highway by motor vehicle, over, irregular routes, dental facilities (not specified) used in »6, thence south along New Mexico High transporting: Dry commodities, in bulk, transporting the above commodities on way 96 to its junction with New Mexico not including cement, <4ry, portland, hy Highway 44, thence on and east of New draulic or masonry, and empty con return. Applicant is authorized to con Mexico Highway 44 to its junction with tainers or other such incidental facilities duct operations in Alabama, Arkansas, iv®- Highway 85 at or near Bernalillo, (not specified) , between points in Illi Georgia, Illinois, Indiana, Kentucky, h- Mex., thence on and east of U.S. High nois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Mississippi, Mis way 85 to the New Mexico-Mexieo Inter Michigan, Minnesota, Missouri, Ohio, souri, New York, North Carolina, Ohio, national Boundary line; and all points in Tennessee, and Wisconsin, on the one Pennsylvania, South Carolina, Tennes- 2334 NOTICES see, Texas, Virginia, West Virginia, and No. MC 117859, filed November 19,1958. exempt commodities, such as eggs and Wisconsin. Applicant: R. B. “DICK” WILSON OF grain, on return. Note: A proceeding has been instituted NEBRASKA, INC., Chester, Nebr. Ap HEARING: May 21, 1959, at the Ne under section 2 12 (c) to determine whether plicant’s attorney: Einar Viren, 904 City braska State Railway Commission, Capi applicant’s status is that of a common or National Bank Building, Omaha 2, Nebr. tol Building, Lincoln, Nebr., before Ex contract carrier in No. MC 50404 (Sub No. 55). Authority sought to operate as a common aminer Harold W. Angle. HEARING: May 7, 1959, at the New carrier, by motor vehicle, over irregular No. MC 118535, filed January 2, 1959. Post Office Building, Columbus, Ohio, be routes, transporting: Petroleum prod Applicant: HOMER J. HENKE, doing ucts, in bulk, in tank vehicles, from the fore Joint Board No. 37. business as HENKE TRUCK LINE, 17th No. MC 117475 (Sub No. 1), filed No site of the Great Lakes Pipe Line Ter and Barada, Falls City, Nebr. Appli vember 17, 1958. Applicant: INTER minal truck loading rack in or near Car cant’s representative: C. A. Ross, 1004- STATE TRANSPORT, INC., P.O. Box ter Lake, Nebr., to points in Nebraska, f 1005 Trust Building, Lincoln 8, Nebr. 317, Sioux Falls, S. Dak. Applicant’s Note: Applicant filed a petition to dismiss Authority sought to operate as a common attorney: Donald A. Morken, Eleven said application on the grounds that the carrier, by motor vehicle, over irregular Hundred First National-Soo Line Build matter was entirely decided in Ex Parte 48 routes, transporting: Dry fertilizer and and that the service proposed will be intra dry fertilizer materials, feed grade urea ing, Minneapolis 2, Minn. Authority state commerce as distinguished from inter sought to operate as a common carrier, compounds and technical grade urea, in state and that the Commission has no juris bulk and in bags, from points in Okla by motor vehicle, over irregular routes, diction over carrier’s operations. transporting: Petroleum and petroleum homa to points in Kansas and Nebraska, products, as defined by the Commission, HEARING: May 18,1959, at the Rome and empty containers or other such in from Watertown, S. Dak., and points Hotel, Omaha, Nebr., before Joint Board cidental facilities (not specified) used in within 10 miles thereof to points in North No. 93, or, if the Joint Board waives its transporting the above commodities on Dakota. Applicant is authorized to con right to participate, before Examiner return. duct operations in Nebraska, Minnesota, Harold W. Angle. HEARING: May 22, 1959, at the Ne South Dakota, and Iowa. No. MC 118001, filed December 5,1958. braska State Railway Commission, Cap HEARING: May 19,1959, at the South Applicant: PAUL A^ GIBBONS, 2425 East itol Building, Lincoln, Nebr., before Joint Dakota Public Utilities Commission, Beverly, Tucson, Ariz. Applicant’s attor Board No. 307, or, if the Joint Board Pierre, S. Dak., before Joint Board No. ney: A. Michael Bernstein, 702 Arizona waives its right to participate, before 158. Savings Building, Phoenix, Ariz. Au Examiner Harold W. Angle. No. MC 117765 (Sub No. 2), filedJan- thority sought to operate as a common No. MC 118553 XSub No. 1), filed Janu uary 25, 1959. Applicant: HAHN carrier, by motor vehicle, over irregular ary 15, 1959. Applicant: SERVICE TRUCK LINE, INC., 210 East Sixth routes, transporting: Sand, in bulk, from TRANSFER, INC., 3201 North Mead, Street (Mailing address: P.O. Box 852, the site of the Arizona Silica Sand Com Wichita, Kans. Applicant’s attorney: Hutchinson, Kans.), South Hutchinson, pany, at or near Houck, Ariz., to points John E. Jandera, 641 Harrison Street, Kans. Applicant’s attorney: Rufus H. in New Mexico and points in Montezuma Topeka, Kans. Authority sought to op Lawson, P.O. Box 7342, Oklahoma City, County, Colo., and San Juan County, erate as af contract carrier, by motor ve hicle, over irregular routes, transporting: Okla. Authority sought to operate as a Utah. Packing house products, as defined by common carrier, by motor vehicle, over Note: Applicant states he has worked for irregular routes, transporting: Salt and a brother, G. L. Gibbons, an Arizona common the Commission, in refrigerated equip ment, limited to service for the distribu salt products, from points in Reno, Rice, carrier, who has registered his authority Ellsworth, Barton, and Pawnee Counties, under the Second Proviso of section 206(a) tion of rail and/or motor vehicle pool (1), assigned Docket No. MC 99699. Kans., to points in Iowa, and Oklahoma, car traffic, and empty containers or other such incidental facilities (not specified) and return (except salt moving to Okla HEARING: May 22, 1959, at the New used in transporting the commodities homa will have no return). Soy beans, .Mexico State Corporation Commission, specified in this application, between soy bean hulls, meal, feed and oil cake, Santa Fe, N. Mex., before Examiner Rob Wichita, Kans., on the one hand, and, from points in Iowa to -points in Ne ert A. Joyner. on the other, points in Kansas. braska, Kansas, and Oklahoma and No. MC 118015 (Sub No. 2) , filed Feb HEARING: May 12, 1959, at the Hotel return. ruary 24, 1959. Applicant: RAYMOND Kansan, Topeka, Kans., before Joint HEARING: May 25, 1959, at the Ne V. McDONOUGH, doing business as Board No. 52, or, if the Joint Board braska State Railway Commission, LUMBER TRANSPORT, 524 South waives its right to participate, before Capitol Building, Lincoln, Nebr., before Fourth Street, Delavan, Wis. Appli Examiner Harold W. Angle. cant’s attorney: Ernst John Watts, Examiner Harold W. Angle. No. MC 118568, filed January 21, 1959. No: MC 117858 (Republication), filed Delavan, Wis. Authority sought to op erate as a common carrier, by motor Applicant: DON SCHAEFER TRUCK November 19, 1958, published on page ING, INC., North State Street, Chilton, 9579 of the Federal R egister dated vehicle, over irregular routes, transport ing: Lumber and building materials us Wis. Applicant’s attorney: Edward December 10,1958. Applicant: MELTON Solie, 715 First National Bank Building, TRANSPORT COMPANY OF “NE defined in Appendix V I in Descriptions Madison 3, Wis. Authority sought to BRASKA”, Nelson, Nebr. Applicant’s in Motor Carrier Certificates, 61 M.C.C. operate as a common carrier, by motor 209 and related articles in connection attorney: Einar Viren, 904 City National vehicle, over irregular routes, transport Bank Building, Omaha 2, Nebr. By ap with retail sales, from the site of Wickes ing: Animal and poultry feed, from Chi plication received November 19, 1958, Lumber Co., yard 2 miles southwest of cago and Chicago Heights, 111., to points applicant seeks authority as a common Elkhom, in the Town of Delavan, Wal in Calumet County, Wis.- carrier, over irregular routes, transport worth County, Wis., to points in Lake, HEARING: May 14, 1959, at the Wis ing: Petroleum products, in bulk, in tank, McHenry, Boone, Winnebago, Stephen consin Public Service Commission, Mad vehicles, from the site of the Great Lakes son, Jo Daviess, Carroll, Whiteside, Lee, ison, Wis., before Joint Board No. 17. Pipe Terminal truck loading rack in or Ogle, DeKalb, Kane, Kendall, Cook, Du No. MC 118573, filed January 21, 1959. near Carter Lake, Nebr., to points in Page, and Will Counties, 111. Applicant: CLINTON A. JOHNSON, Nebraska. Under date of November 26, HEARING: May 15, 1959, at the Wis SIDNEY W. JOHNSON, SAM BEIMER 1958, applicant, by its attorney, filed a consin Public Service Commission, Madi AND GEORGE BEIMER, doing business petition to dismiss the application on the son, Wis., before Examiner Joint Board as JOHNSON BROS. TRUCKING CO., grounds that the transportation involved No. 13. P.O. Box 97, Taos, N. Mex. Applicants is intrastate in character as distin No. MC 118431, filed December 9, 1958. attorney: O. Russell Jones, 54»/2 San guished from interstate commerce, and Applicant: EARL M. YOUNG, 2858 Francisco Street, Southwest Corner is not subject to the jurisdiction of the Washington Street, Lincoln, Nebr. Ap Plaza, Santa Fe, N. Mex. Authority Interstate Commerce Commission. plicant’s attorney: J. Max Harding, 605 sought to operate as a common carrier, HEARING: May 18,1959, at the Rome South 12th Street, Lincoln 8, Nebr. Au by motor vehicle, over irregular routes, Hotel, Omaha, Nebr., before Joint Board thority sought to operate as a¿contract No. 93, or, if the Joint Board waives its barrier, by motor vehicle, over irregular transporting: Perlite, in bulk and in con right to participate, before Examiner routes, transporting: Bananas, from New tainers, from points in Taos County, Harold W. Angle. Orleans, La., to points in Nebraska; and N. Mex., to Antonito, Colo., a;nd points Wednesday, March 25, 1959 FEDERAL REGISTER 2335
within 3 miles thereof, and empty con to the junction of U.S. Highway 27, passengers, between Washington, D.C., tainers or other such incidental facilities thence over U.S. Highway 27 to Havana, and the Andrews Air Force Base, (1) (not specified) used in transporting and return over the same route, serving from Washington over city streets to the perlite on return. all intermediate points. Applicant is Maryland-District of Columbia Bound HEARING: May 20, 1959, at the New authorized to cond u ct operations ary line at Suitland Parkway, thence Mexico State Corporation Commission, throughout the United States. over Suitland Parkway federal roads to Santa Pe, Nt Mex., before Joint Board HEARING: April 27, 1959, at 680 West junction Maryland Highway 714, thence No. 125, or, if the Joint Board waives its Peachtree Street NW., Atlanta, Ga., be over Maryland Highway 714 to the right to participate, before Examiner fore Joint Board No. 64. Andrews Air Force Base; and (2) from Robert A. Joyher. No. MC 37904 (Sub No. 3), filed Jan the Maryland-District of Columbia No. MC 118589, filed January 26, 1959. uary 19, 1959. Applicant: VALLEY Boundary line at Bowen Road over Applicant: HARVEY WULFF, R.F.D., TRAN SIT LINES, INC., P.O. Box 730, Maryland Highway 4 to junction Mary Salem, S. Dak. Applicant’s attorney: Broadway and English, Wichita, Kans. land Highway 714, thence over Maryland T. M. Bailey, Jr., 613 Security Bank Applicant’s attorney: C. Zimmerman, Highway 714 to the Andrews Air Force Buildirig, Sioux Falls, S. Dak, Authority P.O. Box 730, 300 South Broadway, Base, and return over the above routes, sought to operate as a common carrier, Wichita, Kans. Authority sought to op serving all intermediate points. Appli by motor vehicle, over irregular routes, erate as a common carrier, by motor cant is authorized to conduct operations transporting: Animal feed and/or soy vehicle, over a regular route, transport* in Maryland, Virginia, and the District bean oil meal, in sacks or other contain ing: Passengers and their baggage, light of Columbia. ers, or in bulk, from Mankato, Minn., to express and newspapers, in th,e same ve Note; Applicant indicates it will operate points in McCook County, S. Dak.; lin hicle with passengers, (1) between over Route (2) above as an alternate route seed meal, in sacks or other containers, Costilla, N. Mex., and junction unnum to Route (1) above. or in bulk, from points in the Minneapo- bered highway and Colorado Highway Ks-St. Paul, Minn., Commercial Zone, to 159, from Costilla over unnumbered HEARING: April 24, 1959, at the Of fices of the Interstate Commerce Com points in McCook County, S. Dak.; and highway via Comer, N. Mex., to junction empty containers or other such inci New Mexico Highway 3, thence over New mission, Washington, D.C., before Joint dental facilities used in transporting the Mexico Highway 3 to the New Mexico- Board No. 120. above-described commodities, and ex Colorado State line, thence over Colorado No. MC 109780 (Sub No. 54), filed Feb empt commodities, on return. Highway 159, a distance of approxi ruary 19, 1959. Applicant: TRANS HEARING: May 19, 1959, at the South mately one mile, to junction unnumbered CONTINENTAL BUS SYSTEM, INC., Dakota Public Utilities Commission, highway, and return over the same route, 315 Continental Avenue, Dallas, Tex. Pierre, S. Dak., before Joint Board No. 26. serving all intermediate points. (2) Applicant’s attorney: Warren A. Goff, No. MC 118719, filed February 24,1959. Change of Operation: Applicant re 315 Continental Avenue, Dallas 7, Tex. Applicant: CARL E. MALEPORT, doing quests permission to change its operation Authority sought to operate as a com business as ACE TOWING COMPANY, by suspension of service over that por mon carrier, by motor vehicle, over a 312 South Broadway, Green Bay, Wis. tion of its authorized route, as follows: regular route, transporting: Passengers Applicant’s attorney: Richard A. Boltz, From Garcia Corner, N. Mex., over un and their baggage, and express and Suite 5, Nicolet Building, 225 North numbered road to the New Mexico- newspapers, in the same vehicle with Adams Street, Green Bay, Wis. Author Colorado State line, thence continuing passengers, between junction unnum ity sought to operate as a contract car over unnumbered road via Garcia, Colo., bered highway (old U.S. Highway 66) rier, by motor vehicle, over irregular to junction Colorado Highway 159. and new U.S. Highway 66 at a point ap routes, transporting: Tractors used in Applicant is authorized to conduct op proximately 2.5 miles south of Victor trucking (both operating tractors and erations in Colorado and New Mexico. ville, Cajif., and Barstow, Calif., over new disabled tractors), between Green Bay, U.S. Highway 66, serving all intermedi Note: Common Control may be involved. Wis., and points in the Upper Peninsula ate points and the off-route point of of Michigan. Victorville, Calif. Applicant is author HEARING: May 27,1959, at the Hilton ized to conduct operations in Arizona, Note: Applicant describes the proposed op Hotel, Albuquerque, N. Mex., before Joint Arkansas, California, Colorado, Illinois, erations as foUows: leave Green Bay, haul Board No. 125, or, if the Joint Board Indiana, Kansas, Louisiana, Missouri, ing a tractor in operating condition (or with waives its right to participate, before no tractor), proceed to location of a stalled Nebraska, New Mexico, Oklahoma, Examiner Robert A. Joyner.' Texas, and Utah. truck in Upper Peninsula of Michigan, ex No. MC 44770 (Sub No. 8), filed Janu change the operating tractor, if one is hauled, ary 21, 1959. Applicant: ZEPHYR Note: Applicant states the above service for a disabled tractor, and return to Gi;een will be used in conjunction with Old U.S. Bay. LINES, INCORPORATED, 501 North Seventh Street, Minneapolis 5, Minn. Highway 66 now an unnumbered highway, HEARING: May 14, 1959, at the Wis which is the present route, proposing to con Authority sought to operate as a com tinue its operations over the old highway as consin Public Service Commission, Madi mon carrier, by motor vehicle, over a authorized in its Certificates serving all in son, Wis., before Joint Board No. 95. regular route, transporting: Passengers termediate points thereon. and their baggage, and newspapers and M otor C arriers o f P assengers package express, in the same vehicle with HEARING: May 5,1959, at the Federal No. MC 1501 (Sub No. 157), filed Jan passengers, between Ashland, Wis., and Building, Los Angeles, Calif., before uary 12, 1959. Applicant: THE GREY Ironwood, Mich., over U.S. Highway 2, Joint Board No. 75, or, if the Joint Board HOUND CORPORATION, 5600 Jarvis serving the intermediate points of waives its right to participate, before Avenue, Chicago 48, HI. Applicant’s Odanah, Alder, Birch, Cedar, Saxon, Examiner F. Roy Linn. attorney: Raymond H. Warns, same Kimball, and Hurley, Wis. Applicant is No. MC 118531, filed January 5, 1959. address as applicant. Authority sought authorized to conduct operations in Wis Applicant: FRIENDSHIP TRAILS, INC., to operate as a common carrier, by motor consin, Minnesota, and South Dakota. Eighth, and Roosevelt, Coffeyville, Kans. vehicle, over regular routes, transport HEARING: May 14, 1959, at the Wis Applicant’s attorney: John E. Jandera, ing: Passengers and their baggage, and consin Public Service Commission, Mad 641 Harrison Street, Topeka, Kans. Au express, mail and newspapers, in the ison, Wis., before Joint Board No. 95. thority sought to operate as a common same vehicle with passengers, between No. MC 75289 (Sub No. 19), filed Feb carrier, by motor vehicle, over regular Cordele, Ga., and Havana, Fla., from ruary 27, 1959. Applicant: D. C. and irregular routes, transporting: Pas Cordeie over Georgia Highway 257 to the TRANSIT SYSTEM, INC., 3600 M Street sengers and their baggage, and express, junction of U.S. Highway 82, thence over NW-, Washington 7, D.C. Applicant’s in the same vehicle with passengers, be u.S. Highway 82 to Albany, Ga., thence attorneys: Harvey M. Spear and John tween Topeka, Kans.,and Nowata, Okla., over Georgia Highway 91 to Newton, Ga., from Topeka over U.S. Highway 75 to R. Sims, Jr., Same address as applicant. Independence, Kans., thence over un thence over Georgia Highway 37 to Authority sought to operate as a com numbered county road (known as the Camilla, thence over Georgia Highway mon carrier, by motor vehicle, over ir 10th street road), to Coffeyville, Kans., U2 to the junction of U.S. Highway 84, regular routes, transporting: Passengers thence over U.S. Highway 169 to Nowata, hence over U.S. Highway 84 to Cairo, and their baggage, and express and and return over the same route, serving • S^hence over Georgia Highway 111 newspapers, in the same vehicle with all intermediate points. 2336 NOTICES
HEARING: May 7, 1959, at the Hotel sives, household goods as defined by the Applicant is authorized to conduct op Kansan, Topeka, Kans., before Examiner Commission, commodities in bulk, and erations throughout the United States. Harold W. Angle. those requiring special equipment, be N ote: Applicant states that interchange A p p l ic a t io n for B rokerage L ic e n s e tween Richmond, Calif,, and junction with rail and air express service will he made U.S. Highway 101 and California High at Portland, Maine. r No. MC 12693, filed February 18, 1959. way 17 near San Rafael, Calif., over the Applicant: SKI TOURS, INC., Wyatt Richmond-San Rafael Toll Bridge (Cali No. MC 107128 (Sub No. 18), filed Building, Room No. 736, Washington 5, fornia Highway 17), serving no inter March 11, 1959. Applicant: FAST D.C. Applicant’s attorney: Seymour M. mediate points, but serving junction FREIGHT, INC., 2612 West Morris Chase, Wyatt Building, Washington 5, California Highway 17 and U.S. Highway Street, Indianapolis, Ind. Applicant’s D.C. Authority sought to operate as a 101 for purposes of joinder with appli attorney: Wilhelmina Boersma, 2850 Broker (BMC 5) at Washington, D .C ., cant’s regular route authority under MC Penobscot Building, Detroit 26, Mich. in arranging for transportation in inter 42487 (Sub No. 366). RESTRICTION: ' Authority sought to operate as a contract state or foreign commerce by motor ve The service to be authorized herein will carrier, by motor vehicle, over irregular hicle, o f: Passengers and their baggage, be subject to the following conditions: routes, transporting: fertilizer, from in special or chartered service, in round- (a) Service over the above described Sheboygan, Wis., to Chicago, 111., and trip all expense tours, beginning and routes shall be restricted to traffic trans Indianapolis, Ind., and empty pallets and ending at Washington, D.C., and extend ported by carrier to or from Brookings, empty containers or other such inciden ing to points in Maryland, Massachu Oreg., and points north of Brookings, tal facilities (not specified) and refused, setts, New Hampshire, New York/Penn- Oreg.; (b) Southbound service for lum rejected or damaged shipments used in sylvania, Vermont, Virginia, and West ber and plywood moving from points in transporting fertilizer on return. Appli Virginia. Curry County, Oreg., and from Bandon, cant is authorized to conduct operations N o te: Applicant states that Reginald I. Oreg., shall be restricted to shipments in Illinois, Indiana, Iowa, Kentucky, Wistreich, an officer-director of Ski Tours, not exceeding 20,000 pounds in weight; Michigan, Missouri, Ohio, Pennsylvania, Inc., is the duly appointed Executor of the and (c) Northbound service for building West Virginia, and Wisconsin. Estate of Joseph L. Ritter (deceased); that materials and machinery moving to N ote: A proceeding has been instituted on December 12, 1956 the Commission issued points in Curry County, Oreg., shall be under section 212(c) of the Act to determine a brokerage license to said Joseph L. Ritter, whether applicant’s status is that of a com doing business as High Mountain Ski School restricted to shipments not exceeding 20.000 pounds in weight. Applicant is mon or contract carrier in No. MC 107128 and/or Astor Travel Bureau, No. MC 12481, (Sub No. 10). for the conduct of a tour business at New authorized to conduct operations in York, N.Y.; and that Mr. Wistreich as Ex Arizona, California, Colorado, Idaho, No. MC 109451 (Sub No. 96), filed ecutor is now conducting the business pur Illinois, Iowa, Michigan, Minnesota, March 12, 1959. Applicant: ECOFF suant to authorization from the Commission. Montana, Nevada, New Mexico, North TRUCKING, INC., Fortville.'Ind. Ap HEARING: April 27, 1959, at the Of Dakota, Oregon, Utah, Washington, Wis plicant’s attorney: Robert C. Smith, 512 fices of the Interstate Commerce Com consin, and Wyoming. Illinois Building, Indianapolis 2, Ind. mission, Washington, D.C., before Joint No. MC 65285 (Sub No. 9), filed March Authority sought to operate as a, contract Board No. 261. 11, 1959. Applicant: HILMER LIND carrier, by motor vehicle, over irregular BURG AND L. D. LINDBURG, doing routes, transporting: Phosphoric add, in A pplications i n W h ic h H a n d l in g W i t h business as LINDBURG TRUCK LINE, bulk, in tank trucks, from Jeffersonville, o u t O ral H e a r in g I s R e q u ested Mackay, Idaho. Applicant’s attorney: Ind., to Davenport, Iowa. Applicant is MOTOR CARRIERS OF PROPERTY Kenneth G. Bell, 203 McCarty Building, authorized to conduct operations in Ohio, Boise, Idaho. Authority sought to op Indiana, Kentucky, Tennessee, Michigan, No. MC 35628 (Sub No. 223), filed erate as a common carrier, by motor Wisconsin, West- Virginia, Missouri, March 4, 1959. Applicant: INTER vehicle, over irregular routes, transport Pennsylvania, Georgia, Alabama, Ten STATE MOTOR FREIGHT SYSTEM, a ing: Ore and ore concentrates, in bulk nessee, Florida, Iowa, Mississippi, and corporation, 134 Grandville SW., Grand or containers, in truckload shipments of Minnesota. Rapids,, Mich. Applicant’s attorneys: 30.000 pounds or more, from points in Warner, Norcross & Judd and Leonard D. Note: A proceeding has been instituted Lemhi, Custer, Butte, Clark, and Blaine under section 2 12 (c) to determine whether VOrdier, Jr., 300 Michigan Trust Build Counties, Idaho, to East Helena, Mont., ing, Grand Rapids 2, Mich. Authority applicant’s status is that of a; common or and empty containers or other such inci contract carrier in No. MC 109451 (Sub No. sought' /to (Operate as a common carrier, dental facilities (not specified) used in 82). by motor vehicle, over a regular route, transporting the above commodities on transporting: General commodities, ex return. No. MC 114194 (Sub No. 21), filed March 9, 1959. Applicant: KREIDER cept Class A and B explosives, dangerous No. MC 66562 (Sub No. 1482) filed inflammables, household goods as de TRUCK SERVICE, INC., 8003 Collins March 10, 1959. Applicant: RAILWAY ville Road, East St. Louis, 111. Authority fined by the Commission, and commodi EXPRESS AGENCY, INCORPORATED, ties in bulk, between Peoria, 111., and sought to operate as a common carrier, 219 East 42d Street, New York 17, N.Y. by motor vehicle over irregular routes, Moline, X1I-, over U.S. Highway 150, serv Applicant’s attorney: William H. Marx, ing no intermediate points, as an alter transporting: Building, paving and roof Law Department (same address as ap ing materials, from Wilmington, 111., to' nate route for operating convenience plicant) . Authority sought to operate only in connection with applicant’s au points in Missouri, and empty containers as a common carrier, by motor vehicle, or other such incidental facilities used in thorized regular route operations. Ap over a regular route, transporting: Gen plicant is authorized to conduct opera transporting the above-described com eral commodities, including Class A and modities, on return. Applicant is author tions in Delaware, Illinois, Indiana, Iowa, B explosives, moving in express service, Kentucky, Maryland, Massachusetts, ized to conduct operations in Illinois, between Portland, Maine, and Rockland, Missouri, Tennessee, Ohio, Indiana, Iowa, Michigan, Minnesota, Missouri, New Maine, frdm Portland over U.S. Highway Jersey, New York, Ohio, Pennsylvania, Michigan, Wisconsin, Minnesota, Penn 1 to junction U.S. Highway 95, thence sylvania, Kentucky, Arkansas, Louisiana, West Virginia, Wisconsin, and the Dis over U.S. Highway 95 to junction U.S. trict of Columbia. Oklahoma, Colorado, Kansas, Nebraska, Highway 1, thence over U.S. Highway 1 No. MC 42487 (Sub No. 394), filed and Texas. to junction Maine Highway 90, thence P e t it io n March 13, 1959. Applicant: CON over Maine Highway 90 to Warren, SOLIDATED FREIGHTWAYS, INC., No. MC 113933 (PETITIO N FOR DE 2116 Northwest Savier Street, Portland, Maine, thence return over Maine High way 90 to junction U.S. Highway 1, CLARATORY ORDER), dated October Oreg. Applicant’s attorney: Donald A. 23, 1958. Petitioner : HUDSON TRANS thence over U.S. Highway 1 to Rockland, Schafer, 1026 Public Service Building, PORTATION COMPANY, 720 Tonnele Portland 4, Oreg. Authority sought to and return over the same route, serving Avenue, Jersey City 7, N.J. Petitioner’s operate as a common carrier, by motor Yarmouth Junction (Yarmouth), Free attorney: August W. Heckman, 880 Ber vehicle, over a regular route, transport port, Brunswick, Bath, Wiscasset, New gen Avenue, Jersey City 6, N.J, Hudson ing: General commodities, except those castle, Damariscotta, Waldoboro, and Transportation Company, petitioner, has of unusual value, Class A and B explo- Warren, Maine, as intermediate points. been conducting operations in the trans- 'Wednesday, M a rch 25, 1959 FEDERAL REGISTER 2337 portation of property from origin points herein, authorizing MUSHROOM Illinois, Indiana, Kentucky, Maryland, in Pennsylvania to destination points in TRANSPORTATION COMPANY, INC., Michigan, Minnesota, New Jersey, New Pennsylvania, through New Jersey, in its temporarily to operate the properties York, North Carolina, Pennsylvania, Vir Certificate No. MC 113933. Petitioner of the above-named vendors so as to per ginia, West Virginia, Wisconsin, Ohio, requests an order interpreting its Certifi mit SMITH & HOWELL FILM SERV Tennessee, Florida, Alabama, Connecti cate ^ or, that the Commission enter a ICE, INC., temporarily to lease the fore cut, Iowa, Massachusetts, ^Missouri,' declaratory order finding: (1) that the, going intrastate rights. Pursuant to au Rhode Island, Louisiana, South Carolina, certificate was not intended to, nor does thority granted under section 210a (b) Arkansas, Kansas, Mississippi, Nebraska, it, limit the transportation to shipments by order of October 14,1958, in No. MC-F Oklahoma, Texas, South Dakota, Arizona, moving between points in Pennsylvania, 7002, (published in the September 17, California, New Mexico, and the District on the one hand, to points in other states, 1958, issue of the F ederal. R egister on of Columbia. Application has been filed' on the other; (2) that petitioner under its page 7203), MUSHROOM TRANSPOR for temporary authority under section authority may conduct, interstate oper TATION COMPANY, INC., temporarily 210a(b). ations between Pennsylvania points controls SMITH & HOWELL F IL M No. M C-F 7127. Authority sought for through the New Jersey gateway to the SERVICE, INC., through management. control by ROBERT S. JAMESON, JR., extent specified in its certificate and may No. MC-F 7113 (BELYEA TRUCK La Plata, Md.,' of HOPWOOD TRANS interchange or interline shipments mov CO.—PURCHASE (PORTION)—FERG PORTATION COMPANY, INC., 1530 ing from or to points in Pennsylvania USON TRACKING CO., INC.), pub Beason Street, Baltimore 30, Md. Ap beyond its authorized areas of service' lished in the March 4, 1959,'Issue of the plicant’s attorney: Robert J. Callanan, with connecting interstate earners so F ederal R eg ister on page 1624. Amend 623 Munsey Building, Baltimore 2, Md. long as such traffic moves through New ment filed March l 5?, 1959, to show join Operating rights sought to be controlled: Jersey; and that the Commission issue der of HIGHLAND CORPORATION, General commodities, wjth certain ex such order or orders as may be mete and 3926 Wilshire Boulevard, Los Angeles 5, ceptions including household goods and proper in the premises. Calif., as the party controlling MACCO commodities in bulk, as a common car CORPORATION, which in turn controls rier over a regular route between Balti Applications U nder S ections 5 and 210a(b) vendee. more, Md., and Washington, D.C., -"■“N o . M C-F 7 12 6. Authority sought for serving all intermediate and certain off- The following applications are gov purchase by W ATKINS MOTOR LINES, route points. ROBERT S. JAMESON, erned by the Interstate Commerce Com INC., Cassidy Road, P.O. Box 785, JR., holds no authority from this Com- mission’s special rules governing notice Thomasville, Ga., of the claimed operat mision; however, he is affiliated with of filing of applications by motor carrier ing rights (covered by applications seek THE EASTERN TRANSPORTATION of property or passengers under section ing interim operating authority under CORPORATION, doing business as 5(a) and 210a(b) of the Interstate Com section 7 (c) of the Transportation Act BAILEY’S EXPRESS, Pier 4, Pratt merce Act and certain other procedural of 1958) of LAVELL ANDERSON, 3058 Street, Baltimore, Md., which operates as matters with respect thereto (49 CFR Belmont Street, Mobile, Ala., CARL J. a common carrier tinder the Second Pro 1.240). BAILLIO, 4001 Toulouse Street, New viso of section 206(a) ( l ) in the State of MOTOR CARRIERS OP PROPERTY Orleans, La., and JOSEPH W. POTTER, Maryland. Application has not been 2525 Farnell Drive, Mobile, Ala., and for filed for temporary authority under sec No. MC-P 6278 (CONSOLIDATED acquisition by BILL W ATKINS, also of tion 210a(b). FREIGHTWAYS, INC.—C O N T R O L Thomasville, of control of such rights AND MERGER—LIB ERTY MOTOR Note: An application will be filed at a through the purchase. Applicants’ rep later date as a matter directly related. FREIGHT LINES, INC.), published in resentatives: Joseph H. Blackshear, the June 6, 1956, issue of the F ederal Attorney-at-Law, 205 Jackson Building, No. MC-F 7128. Authority sought for R egister on page 3892. Hearing in this Gainesville, Ga., and Bill Watkins, purchase by BAY MOTOR EXPRESS, proceeding has been held October 8,1957. Cassidy Road, Thomasville, Ga. Claimed INC., 150th Street1 and Exterior Street, A report and recommended order of the operating rights sought to be trans New York 51, N.Y., from NEW ENGLAND examiner was served March 28, 1958, ex ferred: (LAVET J i ANDERSON) Bana TRANSPORTATION COMPANY, 402 ceptions and replies filed, and the pro nas, as a common carrier over irregular Congress Street, Boston, Mass., of those ceeding was orally argued by the Com routes, from points in Alabama, Florida, operating rights in Certificate No. MC mission on October 15,1958. Application and Louisiana to points in Alabama, 58937 Sub 9, record holder thereof being filed March 12, 1959, for temporary Arkansas, Florida, Georgia, Illinois, H. E. SWEZEY & SON MOTOR TRANS authority under section 210a(b). Indiana, Iowa, Kansas, Kentucky, Loui PORTATION, INC., and for acquisition No. MC-F 6988 (J. K. W YA T T — siana, Michigan, Minnesota, Mississippi, of control of said rights by ARTHUR L. PURCHASE—ARMSTRONG FREIGHT Missouri, Nebraska, North Carolina, J. SMIDINGER and JOHN B. GUIDER, LINES, INC.), published in the Septem Ohio, Oklahoma, South Carolina, Ten both of New York. Applicants’ attorney: ber 4,1958, issue of the F ederal R egister nessee, Texas, Virginia, West Virginia, Herbert Burstein, 160 Broadway, New on page 6820. Petition filed March 11, and Wisconsin; (CARL J. BAILLIO) York 38, N.Y. Operating rights sought 1959, to substitute A R M S T R O N G Bananas, as a common carrier over irreg to be transferred: General commodities, FREIGHT LINES, INC. (HERBERT ular routes, from points in Louisiana with certain exceptions including house SMALL, TRUSTEE) as vendor in lieu to points in Alabama, Arkansas, Cali hold goods and commodities in bulk, as of ARMSTRONG FREIGHT LINES, a common carrier over irregular routes, INC. fornia, ' Colorado, Florida, Georgia, Il linois, Indiana, Iowa, Kansas, Kentucky, between points in Nassau and Suffolk No. MC-F 7081 (M U S H R O O M Michigan, Minnesota, Missouri, Ne Counties, N.Y., restricted against the TRANSPORTATION CO., INC.—PUR braska, Oklahoma, Ohio, Pennsylvania, transportation of shipments moving in CHASE—KARL AND ROY NEWELL), South Carolina, Tennessee, Texas, and express service. In No. M C-F 7112, pub published in the January 21, 1959, issue West Virginia; (JOSEPH W. POTTER) lished in the March 4, 1959, issue of the of the F ederal R egister on page 495, Bananas, as a common carrier over ir F ederal R eg ister on page 1624, NEW Applications under sections 5 and 210a regular routes, from points in Alabama, ENGLAND TRANSPORTATION COM (b) amehded, by petition filed March 11, Florida and Louisiana to points in Ala PANY seeks authority under sections 5 1959, as follows: (1) for the joinder as bama, Florida, Georgia, Illinois, Indiana, and 210a (b) to purchase and temporar Party transferee by SMITH & HOWELL Iowa, Kansas, Kentucky, Louisiana, ily operate all the operating rights of FILM SERVICE, INC., 210 Sixth North Michigan, Minnesota, Mississippi, Mis H. E. SWEZEY & SON MOTOR TRANS Street, Syracuse, N.Y., for the purpose souri, North Carolina, Ohio, Oklahoma, PORTATION, INC. (RALPH J. PALMER, of purchasing and temporarily operating ASSIGNEE), including those in No. the operating rights granted South Carolina, Tennessee, and Wis intrastate MC 58937 Sub 9. Application also vendors (KARL NEWELL AND ROY consin; frozen fruits, frozen berries, and NEWELL, doing business as NEWELL frozen vegetables, from points in Lou has been filed herein for temporary au I RUCKING COMPANY), by the Public isiana and Mississippi to points in New thority under section 210a (b) in respect Sfvice Commission of New York, and York. WATKINS MOTOR LINES, INC., of No. MC 58937 Sub 9. Vendee is au I°r modification of the order of Feb- is authorized to operate as a common thorized to operate as a common carrier uary 20, 1959, under section 210a(b) carrier in Georgia, Missouri, Delaware, in New York and New Jersey. No. 58------7 2338 NOTICES
No. MC-P 7129. Authority sought for sought to be controlled: General com ing rights of WHITE TRANSFER & control by NAVAJO FREIGHT LINES, modities, with certain exceptions includ STORAGE COMPANY, INC., P.O. Box INC., 1205 South Platte River Drive, Den ing household goods and commodities in 227, 633 West Clinton Street, Hunts ver 23, Colo., of BROOKS TRUCK bulk, as a common carrier over regular ville, Ala., and for acquisition by DEAN LINES, INC., 112 North Salt Pond, Mar routes, between New Britain, Conn., and VAN & STORAGE, INC., and, in turn, by shall, Mo., and for acquisition by LAU New York, N.Y., between Winsted, Conn., A. E. DEAN, both of Long Beach, of con- RENCE COHEN also of Denver, of con and New York, N.Y., and between Boston, - trol of such rights through the purchase. trol of BROOKS TRUCK LINES, INC., Mass., and Newark, N.J., serving all in Applicants’ attorney: Axelrod, Goodman through the acquisition by NAVAJO termediate and certain off-route points j & Steiner, 39 South La Salle Street, Chi FREIGHT LINES, INC. Applicant’s at general commodities, with certain excep cago 3, 111. Operating rights sought to torneys: Lee Reeder, 1012 Baltimore tions including household goods and be transferred: Household goods, as de Street, Kansas City, Mo., and O. Russell commodities in bulk, over irregular fined by the Commission, as a common Jones, P.O. Box 1437, Santa Fe, N. Mex. routes, between points in Connecticut, carrier over irregular routes,' between Operating rights sought to be controlled: between Hartford, Middletown, Shelton, Huntsville", Ala., and points within 100 General commodities, with certain excep Ansonia, and Cheshire, Conn., on the one miles of Huntsville, on the one hand, and, tions including household goods and hand, and, on the other, Newark, Perth on the other, points in Mississippi, Ala commodities in bulk, as a common car Amboy, Paterson, and Passaic, N.J., be bama, and Florida. Vendee is authorized rier over regular routes, between Kansas tween New York, N.Y., on the ^one hand, to operate as a common carrier in 48 City, Mo., and Holton, Kans., between and, on the other, points in Kings, States and the District of Columbia. Ap Kansas City, Mo., and St. Louis, Mo., Queens, Nassau and Suffolk Counties, plication has not been filed for tempo between Carrollton, Mo., and' Kansas N.Y., between certain points in New rary authority under section 210a(b). • City, Mo., between Carrollton, Mo., and York, on the one hand, and, on the other, No. MC-F 7134. Authority sought for St. Louis, Mo., between Miami, Mo., and certain points in Connecticut and New purchase by J. J. W ILLIS TRUCKING Kansas City and St. Louis, Mo., and be Jersey, and between Trenton, N.J., and COMPANY, P.O. Box 2112, 200 North tween Windsor and Kansas City, Carroll points in Hudson, Bergen, Passaic, Es Jackson Street, Odessa, Tex., of a por ton, Miami, and St, Louis, Mo., serving sex, Middlesex, Somerset, and Morris tion of the operating rights of FERGU certain intermediate and off-ropte Counties, N.J., on the one hand, and, on SON TRUCKING COMPANY, INC., 103 points. NAVAJO FREIGHT LINES, the other, New York, N.Y., and points in North Second Street, P.O. Box 637, Ar- INC., is authorized to operate as a com NeW Jersey cotton webbing and brake tesia, N. Mex., and for acquisition of con mon carrier in New Mexico, California, lining, from Middletown, Conn., to New trol of such rights by MARY ADELE Arizona, Texas, Colorado, Illinois, Mis York, N.Y.; silverware and cutlery, from W ILLIS, Odessa, Tex., as executrix of souri, Nebraska, Nevada, Kansas, Okla Wallingford, Conn., to New York, N.Y.: the estate of J. J. WILLIS. Applicants’ homa, Indiana and Iowa. Application chemicals, valves, pyroxylin products, attorneys: Thomas E. James and James has been .filed for temporary authority machinery, electrical appliances, motor H. Keahey, both of 1020 Brown Building, under section 210a(b). cycles, and nitrocellulose, in truck load P.O. Box 858, Austin, ’Pex., and Alvin J. No. MC-F 7130. Authority sought for lots, from Springfield, Mass., and points Meiklejohn, Jr., Suite 526, Denham purchase by ALPHA LINES, INC., 280 in Massachusetts and Connecticut with Building, Denver 2, Colo. Operating East Naghten Street, Columbus 15, Ohio, in 15 miles thereof, to points in Rhode rights sought to be transferred: Oilfield of the Operating rights of CAPITAL Island, Connecticut, New York, New commodities, as a common carrier over FREIGHT LINES, INC., .3775 Ridge Jersey, and Pennsylvania. RESTRIC irregular routes between points in Okla Road, Cleveland 9, Ohio, and for acquisi TIO N: The operating rights described homa, Kansas, and that part of Texas tion by BRUCE M. SHOE, Route No. 4, herein are restricted against the trans north of U.S. Highway 80 and west of Newark, Ohio, of control of such rights portation of commodities between points U.S. Highway 75, including points on the through the purchase. Applicants’ at authorized to bd served in Connecticut indicated portions of the highways torney: Richard H. Brandon, 808 Hart over irregular routes, on the one hand, specified, vendee is authorized to oper man Building, Columbus 15, Ohio. Op and, on the other, points authorized to be ate as a common carrier in Louisiana, erating rights sought to be transferred: served in Massachusetts over regular Texas, New Mexico, and Arizona. Appli General commodities, except those of un routes. STRICKLAND MOTOR cation has been filed for temporary au usual value, and Class A and B explosives, FREIGHT LINES, INC., is authorized to thority under section 210a(b). livestock, commodities in bulk (not in operate as a common carrier in Missouri, No. MC-F 7135. Authority sought for cluding salt in bulk), commodities re New Jersey, Illinois, Ohio, and New York. purchase by SHALLCROSS EXPRESS, quiring special equipment, and those in Application has been filed for temporary INC., 527 Springfield Road, Kenilworth, jurious or contaminating to other lading, authority under section 210a(b). N.J., of the operating rights and prop as a common carrier over a regular route No. MC-F 7132. Authority sought for erty of ERIE TRUCKING CO., 152 Beech between Newcomerstown, Ohio, and Co purchase by DEAN VAN LINES, INC., Street, Paterson, N.J., and for acquisi lumbus, Ohio, serving all intermediate 18420 South Santa Fe Avenue, Long tion by JOSEPH SHALLCROSS, JR., and points. Vendee is authorized to operate Beach 7, Calif., of the operating rights ETTA M. SHALLCROSS, both of Kenil as a Common carrier in Ohio, Indiana, of EURE MOVING & STORAGE, INC., worth, of control of such rights and West Virginia, Kentucky, Pennsylvania, 705 East Pine Street, Hattiesburg, Miss., property through the purchase. Appli and Illinois. Application has not been and for acquisition by DEAN VAN & cants’ attorneys: George Olsen, 69 Ton- fil6d for temporary authority under sec STORAGE, INC., and, in turn, by A. E. nele Avenue, Jersey City, N.J., and Bert tion 210a (b). DEAN, both of Long Beach, of control of Collins, 140 Cedar Street, New York, No. MC-F 7131. Authority sought for such rights through the purchase. Appli N.Y. Operating rights sought to be control by STRICKLAND. MOTOR cants’ attorney: Axelrod, Goodman & transferred: General commodities, with FREIGHT LINES, INC., P.O. Box 5689, Steiner, 39 South La Salle Street, Chi certain exceptions excluding household 2917 Gulden Lane, Dallas, Tex., of cago 3, 111. Operating pghts sought to goods and including commodities in bulk, PORTO TRANSPORT, INCORPO be transferred: Household goods, as de as a common carrier over irregular RATED; 600 South Colony Road, Wal fined by the Commission, as a common routes, between New York, N.Y., and Pat lingford," Conn., and for acquisition by carrier over irregular routes between erson, N.J., on the one hand, and, on the STRICKLAND TRANSPORTATION CO., Hattiesburg, Miss., on the one hand, and, other, points within 25 miles of New York, INC., and, in turn, by L. R. STRICK on the other, points in Alabama, Louisi N.Y. Vendee is authorized to operate as LAND, both of Dallas, of control of ana, and Mississippi. Vendee is author a common carrier in New York and New PORTO TRANSPORT, INCORPO ized to operate as a common carrier, in Jersey. Application has been filed for RATED, through th e' acquisition by 48 States and the District of Columbia. temporary authority under section STRICKLAND MOTOR FREIGHT Application has not been filed for tem 210a(b). LINES, INC. Applicant’s attorneys: porary authority under section 210a (b L No. MC-F 7136. Authority sought for W. T. Brunson, 508 Leonhard^ Build No. MC-F 7133. Authority sought for purchase by W HITFIELD TRANSPOR ing, Oklahoma City 2, Okla., and purchase by DEAN VAN LINES, INC., TATION, INC., 240 West Amador, Las Thomas W. Murrett, 410 Asylum Street, 18420 South Santa Fe Avenue,' Long Cruces, N. Mex., of a portion of the op Hartford, Conn. Operating rights Beach 7, Calif., of a portion of the operat erating rights of E. M. KELLER, doing Wednesday, M a rch 25, 1959 FEDERAL REGISTER 2339 business as E. M. KELLER & COMPANY, Vendee is authorized to operate as a Counties, Ohio, restricted against fur 725 South Cuyler, Pampa, Tex., and for common carrier in New Mexico and nishing the same kind and character of acquisition by W. E. WHITFIELD, H. C. Texas. Application has been filed for service being furnished by existing WHITFIELD, and M. E. WHITFIELD, temporary authority under section electric and steam railway lines or by all of Las Cruces, of control of such 210a(b). motor transportation companies operat rights through the purchase. Appli No. MC-F 7139. Authority sought for ing between fixed termini or over regular cants’ attorneys: David G. Macdonald, control and merger by PACIFIC IN TER routes. Vendee is authorized to operate 1625 K Street.NW., Washington 6, D.C., MOUNTAIN EXPRESS CO., 1417 Clay as a common carrier in Ohio. Applica and Don F. Jones, P.O. Box 5345, El Street, Oakland 4, Calif., of the operating tion has not been filed Tor temporary Paso, Tex. Operating rights sought to rights and property of BOND TRUCK authority under section 210a(b). be transferred: Heavy machinery and IN G CO., 9854 South Alameda Street, By the Commission. heavy or cumbersome commodities, South Gate (Los Angeles County), Calif. which, because of size or weight, require Applicants’ attorneys: Paul T. Wolf, 14 [ s e a l ] H arold D. M cC o y , Secretary. the use of special equipment, and parts Montgomery Street, San Francisco 4, thereof, as a common carrier over irreg Calif., Berol and Silver, 100 Bush Street, [F it. Doc. 59-2500; FUed, Mar. 24, 1959; ular routes, between certain points in San Francisco 4, Calif., and Glanz & Rus 8:50 a.m.] Texas, and between certain points in sell, 639 South Spring Street, Los An Texas on the one hand, and, on the geles 14, Calif. Operating rights sought other, points in New Mexico, Oklahoma, to be controlled and merged: Pottery, FOURTH SECTION APPLICATIONS FOR auto pipes, toys and personal effects, as and Kansas. The carrier may combine RELIEF the above-described irregular-route au a common carrier over irregular routes, thorities provided they have a point com from Santa Monica, Calif., to thè port of M ar c h 20,1959. mon to both to which the carrier may Wilmington, Calif.; paint, from Los An Protests to the granting of an appli transport a given shipment under one geles, Calif., to the port of Port Hueneme, cation must be prepared in accordance authority and from which it may trans Calif.; auto valves, fremi Vernon, Calif., with Rule 40 of the general rules of prac port the same shipment under the other, to the port of Wilmington, Calif.; RE tice (49 CFR 1.40) and filed within 15 and establish through service under such STRICTION: The service authorized days from the date of publication of this herein is restricted to traffic moving to combination provided in each instance notice in the F ederal R eg ist e r . the shipment is transported through the the Territories or possessions of the common or gateway point and provided United States; operations under the L o n g - a n d -S h o r t H a u l further that this certificate does not con Second Proviso of section 206(a)(1) of FSA N o . 35310: Carbon electrodes— tain any restriction or other indication the Interstate Commerce Act covering Natco, Tenn., to Sterling, III. Filed by that through service shall not be con transportation of general commodities, 0. W. South, Jr., Agent (SFA A-3784) ducted. Vendee is authorized to operate with certain exceptions, as a common for the Louisville and Nashville Railroad as a common carrier in Texas, New Mex carrier over regular routes, between Company, the Illinois Central Railroad ico, Utah, Colorado, Arizona, California, specified points in California, such* ex Company, and the Chicago, Burlington and Wyoming, Application has not ceptions and routes being more spe & Quincy Railroad Company. Rates on been filed for temporary authority under cifically described in Docket No. MC carbon électrodes, in carloads, from section 210 a (b). 115085 Sub 2. PACIFIC INTERMOUN Natco, Tenn., to Sterling, 111. No. MC-F 7137. Authority sought for T A IN EXPRESS CO. is authorized to Grounds for relief : Truck-barge com purchase by HOWARD H. KRAPF, do operate as a common carrier in Colorado, petition. ing business as KRAPF TRUCK SERV Utah, Wyoming, California, Nevada, Tariff: Supplement 98 to Southern ICE, R.D. No. 4, Allentown, Pa., o f the Idaho, Missouri, Kansas, Illinois, Indi Freight Tariff Bureau tariff I C C. 1565. operating rights and property of NA ana, Nebraska, Oklahoma, Texas, Ore FSA No. 35311: Substituted' service— THAN ALTEMOSE (ARLENE Z. ALTE- gon, Washington, Iowa, Wisconsin, Pan-Atlantic Steamship Corporation for MOSE, ADMINISTRATRIX), Albrights- Arizona, Montana, and New Mexico. Central Truck Lines. Filed by Southern ville, Pa. Applicants’ attorneys: Arthur Application has been filed for temporary Motor Carriers Rate Conference, Agent J. Piken, 160-16 Jamaica Avenue, Ja authority under section 210a(b). (No. 9) , for the Pan-Atlantic Steamship maica 32, N.Y., and Heimbach & Nahovic, Note: No. MC 730 Sub 13, filed March 17, Corporation and interested motor car 57 Broadway, Jim Thorpe, Pa. Operat 1959, is a matter directly related, and will be riers. Rates on property loaded in high ing rights sought to be transferred: Coal, published in the Federal R egister at a later way truck trailers 'and transported on as a. common carrier, over irregular date. board ship from New Orleans, La., to routes, from points in Luzerne and No. MC-F 7140. Authority sought for Tampa, Fla., on traffic originating at Schuylkill Counties, Pa., to points in purchase by DUFF TRUCK LINE, INC., points on motor carriers in Louisiana Monmouth, Bergen, and Essex Counties, Broadway and Vine Streets, Lima, Ohio, and Texas when destined to points in N.J.j and Rockland County, N.Y. Vendee of the operating rights and property of Florida served by Central Truck Lines, is authorized to operate as a common DONALD S. MILLER, doing business as Inc. ' carrier in New Jersey and Pennsylvania. M ILLER TRUCKING CO., Scott and Grounds for relief: Motor truck com Application has been filed for temporary Armstrong Streets, P.O. Box 273, St. petition. authority under section 210a(b). Marys, Ohio, and for acquisition by L . Tariff: Supplement 6 to Southern No. MC-F 7138. Authority sought for EUGENE DUFF and T IR A M. DUFF, T^otor Carriers Rate Conference tariff Purchase by BRUCE BURNEY OIL both of Lima, of control of such rights 1. C.C. 32. HAULING, INC., Morton Highway, Lev- and property through the purchase. FSA No. 35312: Tin or terne plate to elland, Tex., of the operating nights and Applicants’ attorney: Herbert Baker, 50 jNew Orleans, La. Filed by O. E. Schultz, Property of A, C. BLACKBURN, JR., West Broad Street, Columbus 15, Ohio. Agent (ER No. 2487), for carriers parties aping business as A. C. BLACKBURN Operating rights sought to be trans to Traffic Executive Association—Eastern TANK TRUCK SERVICE, P.O. Box 1614, ferred: Operations under the Second Railroads tariff I.C.C. C-34. Rates on Hobbs, N. Mex., and for acquisition by Proviso of section 206(a) (1), Interstate plate, tin or terne, and tin mill black,' BRUCE BURNEY, also of Levelland, of Commerce Act, covering the transporta in carloads, from Niles, Warren, and control of such rights and property tion of property in intrastate commerce North Warren, Ohio, Sparrows Point, “ trough the purchase. Applicants’ at- on call of the public, over irregular Md., and Fairless, Pa. torney; Alvin R. Allison, 719 Houston routes from and to St. Marys, Ohio; Grounds for relief—Market competi Street, Levelland, Tex. Operating rights household goods, office furniture and tion with points in Pennsylvania, Ohio, sought to be transferred: Water and oils fixtures to and from a radius of 12 miles and West Virginia havingdepressed used in the completion, repair or re-com- of St. Marys, except Wapakoneta,*Ohio; water-competitive rates to New Orleans. Pletion of gas wells and oil wells, as a also to transport extra heavy or special By the Commission. common carrier over irregular routes, be property requiring special loading equip tween points in Lea, Eddy, and Chaves ment or special equipment adapted to [ s e a l ] H arold D. M cC o y , Counties, N. Mex., on the one hand, and, moving such property upon and over Secretary. on the other, points in Yoakum, Gaines, irregular routes to and from any point [F.R. Doc. 59-2497; Filed, Mar. 24, 1959; Andrews, Ward, and Ector Counties, Tex, in Mercer, Auglaize, Allen, and Hancock 8:49 am .] 2340 FEDERAL REGISTER
CUMULATIVE CODIFICATION GUIDE— MARCH A numerical list of the parts of the Code of Federal Regulations affected by documents published to date during March. Proposed rules, as opposed to final actions, are identified as such. 3 CFR Page 7 CFR—Continued Page 15 CFR—Continued Pae« Proclamations : Proposed rules: 373------1701 2867______* ______1583 29______t______1586 382------ä------v__ noi 3040______- 1583 33------_____ 2277 399------,------1567 3140______._ 1583 51___ a,______2203,2278 3276__ .______1581 52— ------_____ 1570 16 CFR 3277— ______:______1581 722— ___ 2090 13— — ------1640-1643, 3278 _____— ______1583 813*—s—i ------sui-i____ — _ 1661 1682, 1683, 1736, 1786, 1787,4860, 3279 ______1781 902------.______1805 1900, 1901, 2051-2053, 2272-2274, Exécutive orders: 903— ------1685, 2307 2303, 2304. 8652-______1985 904— — ______;____ — 1912 17 CFR 9912______I ______1897 914------______:___— — 1685 9988______2221 249—— -______------_____— _ 1861 930— ______1753, 2308 Proposed rules: 10001— ______- 2221 934_____ 1912 10202— __ 2221 943------_____: _ — ___— 2087 230— ______— 1572,1806 10292______2221 965— — — — ______1593; 1755 240— --- : ______— 1572,1869,2259 250------1572 10521______.___ 1897 971 ______1598,2206 10594 .______— ___.______2221 972______;____ _ 1656,1834 270— — — ______1572 10659.:___ ;___— 2221 974— — ______«______1987 19 CFR 10714.— ______2221 - 989___ ^_ 1660 3— ______— ______2276 10761__ :____'_____ 1781 996— _____ .______:______1912 9—— ______— — 2304 10806_____1823 999------— — _ 1912 10 ______—— ______2234 10807______^__— ______1897 1005_____ 1841 16_____ i ______1585,1684 10808______2221 1012------1656,1834 24____ 2199 10809______2221 Proposed rules: Presidential documents other than 9 CFR 79— ------1825 24______.______1987 Executive orders and proclama 26— ____;___ — ______1719 tions: 94------______f 2302 Letter, March 12, J.959______1855 180_------1549 21 CFR 5 CFR 10 CFR 3______— ______1684 2_— ___^____— ______1855 Proposed rules: * 27__-______1787,1861,2304 6 ------1549,1583, 1702, 2196, 2289 80------1721 ' 120____ — — ______1982 146a_____ 2274 24______— _____* 1979 12 CFR 25 -- 2267 146b— — ____ — ______2274 39_____— ______2289 7------—— ------_____v__ 1900 146c______1553,1833,2274 201_____— ______1979 221------1858 146d____ 2274 222---- —— ______1584 146e______1833, 2274 325______¡¿Is___ ssKf_ 1733,1786 224------—_:______1.______2302 164_____ 1553 350— ___ 1981 Proposed rules: 281— ______1861 6 CFR 220— ______1988 Proposed rules : 10______2267 221 — ______1989 19.______2311 331_____ 1824 13 CFR 120 ___ 1573, 1686,1721, 2256,2257 366------1675 121— — ____— ______2312 128______— _ 1827 371— __— ______1675 Proposed rules: 372— ------—— ______2103 22 CFR 121______. 2090,2091 11 __ 1553 .4 2 1 *______1633, 2035, 211£, 2113, 2267 468-----1______—,______2293 14 CFR 41______1901 483_____*______2115 205—______1859 24 CFR 503------1677 206______1859 292a____ 1684 7 CFR 241 ______1735 242 ______1585 25 CFR 5______1981 244______2274 172______1568 52------1677,1825 292_— ______1702 Proposed rules: 201______2269 293______121 ______1720 401------___ 2033, 2034 _____ 1703 296 ______1703 221______1721 723____ 2271 297 ______1703 725______— ____ 2271 298 ______26 (1939) CFR 727______.______2271 _____ 1704 303______.____ 2224 Proposed rules: 730______1640 321______1829 29 2257 855,------1699 405______39______1750, 2257 914------1584, _____ 2196 507______2197 1699,1701,1855,1857, 2224, 2272 514______2027 26 (1954) CFR 933------1826,1857 600______l ______1902 953.------1555, 1830, 2226 "CT" _____ 1644 601______.1831, 2231 31______^ 2235 1701,1733,1858,1899, 2034, 2224 608______1832,2233 151______955------— 2116 " ■ " " II—-1. 1704 609 ______.1554, 2028 296______959______1735 610 ______Proposed rules: 971------2293 _____ 1677 618______2234 1______1655,1752,1793,1911 974— ------2294 Proposed rules: 978------1784 29______29 CFR 982------1785 2257 399______1866 Proposed rides: 984______1826 601______._ 2311 989——------1______1981 15 CFR 602______2311 _ 2311 1015------1900 230___ 1785 603______Wednesday, March 25, 1959 FEDERAL REGISTER 2341
31 CFR Page 33 CFR—Continued Page 43 CFR—Continued Page 500------1984 204______2203 Public land orders— Continued Proposed rules: 207______1568 1815.______1719 2277 1816 __ 1792 35 CFR 1817 ___ —______1984 32 CFR 4______2276 1818 ______1984 1—30______2256 36 CFR 1819—_____ 1985 2______1556 13______1585 1820 ______1985 17...... ___ 1556 221______1_ 2305 1821 __,______1986 30______1563 311______'___ 2306 44______1704 44 GFR 62______1789 38 CFR 50 ______1907 63______1789 3______1684 51 ______—______1907 141____ - ___ 1905 21_____ 2035 52 ______*______1907 144______1906 53 ______1907 ___ 1982 39 CFR 54^______1907 206______26______1569,1789 536______— _ 1823 150______1907 ___ 2200 111 ______2117 563______112 ______2117 46 CFR 578______1790 ___ 1736 121 ___ I ______!_____ 2117 281______1653 590 ____ - 122 ______:______. . . 2117 591 ______. Ä . 1736 309______1654 1736 168______;______2117 592 ______Proposed rules: 4 7 CFR 595 ______1736 45______— 2203 2______; 2306 596 ______1736 111______1834 4 ______.I___ 1586 598 ______1736 5 ______1863 599 ______— . 1736 41 CFR 15___—______1863 600 ______1736 1-1— 1-16___ 1933 ___ 1863 601______1736 18____:______Proposed rules: 1791,1986 605______1736 202______1841 19______606..____ 1736 31______1791 861—____ 1567.1983 42 CFR Proposed rules: 864 ______1567.1983 21______... ______1790 1— ____ 1600 865 ______... ___ 1983 58^______1649 3—_____ 1600, 2208 10______1601 881___... ___ 1567 43 CFR 887______1983 160______1862 49 CFR 1003______2203 Proposed rules: 95______1793,2256 1007______1983 76______1863 207—______1568 1050.______1983 Public land orders: 1201______1644 Proposed rules : 207______1570 72______1453______1983 . . . : 2071 553.______— 1652 ____ 2072 1617______2256
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