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“1

H -J DERAL EGISTEB

'9 3 4 ^ VOLUME 23 NUMBER 100 * ^A/ITEO ^

Washington, Wednesday, May 21, 1958

TITLE 3— THE PRESIDENT DONE at the City of Washington this CONTENTS 17th day of May in the year of our PROCLAMATION 3242 Lord, nineteen hundred and THE PRESIDENT [seal] Prayer for P eace, M emorial D ay, 1958 fifty-eight, and of the Inde­ Proclamations Page pendence of the United States Display of flag of United States at BY THE PRESIDENT OF THE UNITED STATES of America the one hundred and eighty- half-staff upon occasion of re­ OF AMERICA second. turn and final interment of two D w ight D. E isenhow er unknown Americans killed in A PROCLAMATION Second World War and in It has long been our custom, on By the President: Korean, conflict______3423 Memorial Day of each year, to visit the Prayer for peace. Memorial Day, J ohn F oster D ulles, 1958______3423 graves of those who have served our Secretary of State. Nation in battle, and to pay homage to [F. R. Doc. 58-3871; Filed, May 19, 1958; EXECUTIVE AGENCIES their memory. 1:30 p. m.] Agricultural Marketing Service Remembering their sacrifices, , and Notices: knowing the ever-present threat of war Petitions for modifications of which casts its shadow across the future, rate orders: our hearts are filled with a yearning for PROCLAMATION 3243 Market Agencies at Omaha peace. '<■ Union Stock Yards,______3460 D isplay of the F lag of the U nited New. Jersey Coop Company, Acknowledging in truth that only S tàtes at H alf-S taff U pon the O cca­ Inc., et al______- 3460 through divine guidance can we secure sio n ' of the R eturn and F inal I nter­ Proposed rule making: the requisite groundwork of justice and m ent of Two U n k n o w n A mericans Milk in Southwest Kansas mar­ understanding for the attainment of a K illed in the S econd W orld W ar and keting area______3448 peaceful world, we turn to Almighty God in the K orean Conflict Rules and regulations: in suppliance for His aid. Milk: BY THE PRESIDENT OF THE UNITED STATES Cedar Rapids-Iowa City mar­ In manifestation of this need, the keting area______3438 Congress provided, in a joint resolution OF AMERICA Wichita, Kans., marketing approved May 11, 1950, that Memorial A PROCLAMATION area_____ 3439 Day should be set aside as a day for WHEREAS on this Memorial Day, ih Agricultural Research Service Nation-wide prayer for permanent peace, the National Cemetery at Arlington, the Notices : and requested the President to issue a remains of two unknown Americans who Director or Acting Director, proclamation calling upon the people of gave their lives in service ^overseas dur­ Administrative Services Divi­ the United States to observe each sion; delegation of authority ing the Second World War anfi during to make and execute research Memorial Day in that manner. the Korean conflict, will be interred; and contracts and grants______3460 NOW, THEREFORE, I, DWIGHT D. WHEREAS these two Unknown Amer­ Proposed rule making: EISENHOWER, President of the United icans represent almost eighty thousand Guam; domestic and foreign States of America, do hereby proclaim Americans killed in thé Second World quarantine notices and sani­ tary export certification___ . 3458 Memorial Day, Friday, the thirtieth day War and more than eight thousand of May, 1958, as a day of prayer for Americans killed in the Korean conflict Agriculture Department Permanent peace, and I designate the whose bodiës lie unidentified in resting See Agricultural Marketing Serv­ hour beginning in each locality at eleven ice; Agricultural Research Serv­ places abroad ; and ice; Commodity Credit Corpora­ o’clock in the morning as the period in WHEREAS their two caskets will ar­ tion; Commodity Stabilization which all of us may unite in prayer for rive in the City of Washington on May Service. strength to work unceasingly toward the 28, 1958, to lie in state in the rotunda of Alien Property Office goal of permanent peace on earth. the United States Capitol until final Notices: IN WITNESS WHEREOF, I have interment: Vested property, intention to hereunto set my hand and caused the NOW, THEREFORE, I, DWIGHT D. return : de Murait, Aline Elizabeth-. 3483 Seal- of the United States of America EISENHOWER, President of the United Heyman, Herta______3482 to be affixed. (Continued on p. 3425) Naegeli, Helen______3483 3423 3424 THE PRESIDENT

CONTENTS— Continued CONTENTS— Continued FEDERALfiKREGISTER Atomic Energy Commission Pase Federal Power Commission— Page Notices: Continued ; t/Nnto ACP Industries, Inc.; issuance Notices—Continued of facility export license____ 3461 Hearings, etc.—Continued Published daily, except Sundays, Mondays, Naval Research Laboratory; Glassell, Alfred C., Jr., et al__ 3462 and days following official Federal holidays, amendment of Facility Li­ Gulf Oil Corp. et al______3464 by the Federal Register Division, National cense No. R-5______3460 Magnolia Petroleum Ço. et al_ 3462 Archives and Records Service, General Serv­ Oregon State College; applica­ Pacific Power and Light Co__ 3465 ices Administration, pursuant to the au­ tion for utilization facility South Carolina Public Service thority contained in the Federal Register Act, license _i______3460 approved July 26, 1935 (49 Stat. 500, as Authority------3465 amended; 44 U. S. C., ch. 8B), under regula­ Civil Service Commission Tennessee Gas Transmission tions prescribed by the Administrative Com­ Rules and regulations : Co------_____------3464 mittee of the Federal Register, approved by Interior Department; excep­ Interior Department the President. Distribution is made only by tions from competitive serv­ ■See Land Management Bureau. the Superintendent of Documents, Govern­ ice------—— ------3425 m ent Printing Office, W ashington 25, D. C. Student medical librarians; ex­ Internal Revenue Service The F e d e r a l R e g i s t e r will be furnished "by Rules and regulations: mail to subscribers, free of postage, for $1.50 clusion from provisions of < per month or $15.00 per year, payable in Federal Employees Pay Act Income tax; taxable years be- advance. The charge for individual copies and Classification Act; maxi­ ginning after Dec. 31, 1953; (minimum 15 cents) varies in proportion ta mum stipends prescribed™." -3425 miscellaneous amendments— 3446 the size of the issue. Remit check or money Interstate Commerce Commis­ order, made payable to the Superintendent Coast Guard of Documents, directly to the Government Rules and regulations : sion Printing Office, W ashington 25, D. C. Licensing of officers and motor- Notices; v The regulatory material appearing herein boat operators and registra­ Fourth section applications for is keyed to the C o d e o p F e d e r a l R e g u l a t i o n s , tion of staff officers; miscel­ relief------3482 which is published, under 50 titles, pursuant laneous amendments______3447 Motor carrier alternate route to section 11 of the Federal Register Act, as deviation notices______3481 amended August 5, 1953. The^CoDE o p F e d ­ Procedures for purchasing ; mis­ e r a l R e g u l a t i o n s is sold by the Superin­ cellaneous amendments.___ 3446 Motor carrier applications____ 3466 tendent of Documents. Prices of books and Commerce Department Justice Department pocket supplements vary. Notices : See Alien Property Office. There are no—restrictions on the re­ publication of material appearing in the Wilson; statement of changes Land Management Bureau F e d e r a l R e g i s t e r , o r the C o d e o p 'F e d e r a l in financial interests______v 3461 Notices : R e g u l a t i o n s . Commodity Credit Corporation Idaho: Rules and regulations: Opening of public lands____ 3459 Oats; 1958 loan and purchase Proposed withdrawal and res­ agreement program. ______3425 ervation of lands______3459 CFR SUPPLEMENTS Commodity Stabilization Service Securities and Exchange Com­ (As of January 1, 1958) Rules and regulations: mission Referenda on marketing quotas. 3432 Notices : The following Supplements are now Sugar requirements and quotas ; Hart Oil Corp.; order tempo­ available: Hawaii and Puerto Rico, 1958; rarily suspending, exemption, miscellaneous amendments_ 3438 statement of reasons there­ Title 16 ($1.75) Wheat: for, and notice of opportunity for hearing______3465 Title 19 ($0.70) Increased Durum (Class II) allotments______3437 Treasury Department Market quota regulations for See Coast Guard; Internal Rev­ Previously announced: Title 3, 1957 Supp. 1958 and subsequent crop enue Service. ($0.40); Titles 4-5 ($1.00); Title 7, Parts years, correction______3437 1-209 ($2.25), Parts 900-959 ($1.00); Federal Communications Com­ CODIFICATION GUIDE Title 8, Rev. Jan. 1, 1958 ($3.25); Title 9 mission A ¡numerical list of the parts of the Code ($0.75); Titles 10-13 ($1.00); Title 14, Notices : Parts 1-39 ($0.50), Parts 40-399 ($0.40), of Federal Regulations affected by documents Hearings, etc.: published in this issue. Proposed rules, as Part 400 to'end ($1.50); Title 17 ($0.65); Austin Radio Co______3462 opposed to final actions, are identified as Title 18 ($0.50); Title 20 ($1.00); Titles such. 22-23; Rev. Jan. 1, 1958 ($4.25); Title Birch Bay Broadcasting Co_ 3461 24 ($1.00); Title 25, Rev. Ian. 1, 1958 Bridgeport Broadcasting Co. (WICC)— ______3461 Title 3 Page ($4.50); Title 26 (1954), Rev. Jan. 1, Chapter I (Proclamations) : 1958 ($3.00); Titles 28-29 ($1.50); Titles Chaconas, Nick J., et al_____ 3461 3242 _j ______3423 30-31 ($1.50); Title 32, Parts 1-399 Mecklenburg Broadcasting 3243 ______3423 ($1.25), Parts 400-699 ($1.75), Parts Co-----— ------3462 700-799 ($0.60), Part 1100 to end Miller, James W______Z 3461 Title 5 ($0.50); ''Title 33 ($1.50); Titles 35-37 Sheffield Broadcasting Co. and Chapter i t ($1.00); Title 38 ($0.40); Title 39 ($0.60); Fait, J. B., J r______3461 Part 6__j______3425, Titles ,40—42 ($1.00); Title 43 ($0.70); Williamsport Radio Broad­ Part 27______3425 Title 46, Parts 1-145 ($0.75), Parts 146- casting Associates, Inc. Title 6 149, Rev. Jan. 1, 1958 ($5.50); Title 49, (WARC)------3461 Parts 1-70 ($0.70), Parts 91-164, Rev. Chapter IV; Proposed rule making : Part 421™ ______I______3425 Jan. 1, 1958 ($5.00), Part 165 to end Television broadcast stations, ($0.75) Lafayette-Terre Haute, Ind.; Title 7 table of assignments______3458 Chapter III: Part 301 (proposed)______3458 Order from Superintendent of Documents, Federal Power Commission Part 319 (proposed).______3458 Government Printing Office, Washington Notices: Part 353 (proposed)______3458 25, D. C. Hearings, etc.: Chapter VII: Deep South Oil Company of Part 717______3432 Texas. ------3464 Part 728 (2 documents)______3437 Wednesday, M ay 21, 2955- FEDERAL REGISTER 3425 C. C. C. Grain Price Support Bulletin 1 CODIFICATION GUIDE— Con. § 6.110 Department of the Interior— (a) General. * * * (23 F. R. 2663), issued by the Commodity (5) Temporary emergency forest andCredit Corporation and containing the Title 7— Continued Page range fire and blister rust control em­ regulations of a general nature with re­ Chapter VIII: ployees in the field service of the Depart­ spect to price support operations for cer­ Part 812______3438 ment of the Interior employed for fire tain grains and other commodities pro­ Chapter IX: duced in 1958 is-supplemented as follows: Part 919 (proposed)______— 3448 prevention or suppression or blister rust Part 931------3438 control for not to exceed 130 working Sec. Part 968______— 3439 days a year, except that temporary and 4213276 Purpose. seasonal forest and range fire employees 421.3277 Availability of price support. Title 26 (1954) in the Bureau of Land Management in 421.3278 Eligible oats. Chapter I: Alaska may be employed for fire preven­ 421.3279 Warehouse receipts. Part 1__ ------3446 421.3280 Determination of quantity. tion or suppression for not to exceed 180 421.3281 Determination of quality. Title 33 working days a year. .421.3282 Maturity of loans. Chapter I: (R. S. 1753, sec. 2, 22 Stat. 403, as amended; 421.3283 Support rates. Part 116------— 3446 5U.S.C. 631,633) 421.3284 Warehouse charges. 421.3285 Inspection of oats under purchase Title 46 U nited S tates Civil S erv­ agreement. Chapter I: ice Com m ission, 421.3286 Settlem ent. Part 10 ...... — -----— - 3447 [skAL] W m . H ull, C. A u t h o r i t y : §§ 421.3276 to 421.3286 issued Part 70______— ...... 3447 Executive Assistant. under sec. 4, 62 Stat. 1070, as amended; 15 Part 183______3447 [F. R. Doc. 58-3788; Filed, May 20, 1958; U. S. C. 714b. Interpret or apply sec. 5, 62 Title 47 8:47 a. m.] Stat. 1072, sec. 401, 63 Stat; 1054, sec. 308, Chapter I: 70 Stat. 206; 15 U. S. C. 714c; 7 U. S. C. 1421, Part 3 (proposed) ------— 3458 1442. § 421.3276 Purpose. Sections 421.3276 P art 27—Exclusio n F rom P rovisions of to 421.3286 state additional specific re­ States of America, do hereby direct that F ederal E mployees P ay A ct of 1945, quirements which, together with the the flag of the United States be flown at as A mended, and Classification A ct of general regulations contained in the 1958 half-staff on all buildings, grounds, and 1949, as Amended, and E stablishment C. C. C. Grain Price Support Bulletin naval vessels of the Federal Government of M aximum S tipends for P o sitions in 1 (§§ 421.3001 to 421.3020), apply to loans in the District of Columbia and through­ G overnment H ospitals ■ F illed by and purchase agreements under the out the United States and its Territories S tudent or R esident T rainees 1958-Crop Oats Price Support Program. and possessions, and at all United States STUDENT MEDICAL LIBRARIANS embassies, legations, consular offices, and § 421.3277 Availability of price sup­ other facilities abroad, including all mil­ 1. Effective May 15,1958, the following port—(a) Method of support. Price sup­ itary facilities and naval vessels and sta­ item is added to § 27.1 : port will be available through farm-stor­ tions, when customarily flown, on May § 27.1 Exclusion from provisions of age and warehouse-storage loans and 28, May 29, and May 30,1958. Federal Employees Pay Act and Classifir through purchase agreements. As a sign of our national gratitude and cation Act. * * * ~ (b) Area. Farm-storage and ware­ concern, I also urge my fellow citizens house-storage loans and purchase agree­ Student medical librarians, first and second ments will be available wherever oats are to display our country’s flag at half-staff years approved postgraduate training during at their homes and other appropriate program for the Master of Science degree. ■ grown in the continental United States, places during this period. except that farm-storage loans will not IN WITNESS WHEREOF, I have here­ 2. Effective May 15,1958, the following be available in areas where the State unto set my hand and caused the Seal of item is added to § 27.2 : committee determines that oats cannot the United States of America to be §27.2 Maximum stipends prescribed. be safely stored on the farm. affixed. * * * (c) Where to apply. Application for DONE at the City of Washington this price support should be made at the office Student medical librarians : First and of the county committee which keeps the 17th day of May in the year of our Lord second years approved postgraduate training nineteen hundred and fifty- during program for the Master of Science farm-program records for the farm. [seal] eight, and of the Independence degree, total for the program, half-time-— (d) When to apply. Loans and pur­ of the United States of America $2,300. chase agreements will be available from the one hundred and eighty-second. the time of harvest through January 31, (61 Stat. 727; 5 U. S. C. 1051-1058) 1959, and the applicable documents must D w ight D . E isenho w er U nited S tates Civil S erv­ be signed by the producer and delivered By the President : ice Com m ission, to the office of the county committee not [seal] W m . C. H ull, later than such date. Applicable docu­ J ohn F oster D ulles, Executive Assistant. ments referred to herein include the Secretary of State. Producer's Note and Loan Agreement for [P. R. Doc. 58-3870; Filed, May 19, 1958; [F' R. Doc. 58-3806; Filed, May 20, 1958; 8:51 a. m.] warehouse-storage loans, the Producer’s 1:30 p.m .] Note and Supplemental Loan Agreement and the Commodity Chattel Mortgage for TITLE 6—-AGRICULTURAL CREDIT farm-storage loans, and the Purchase Agreement for purchase agreements. RULES AND Chapter IV— Commodity Stabilization (e) Eligible producer. An eligible pro­ Service and Commodity Credit Cor­ ducer shall be an individual, partnership, REGULATIONS poration, Department of Agricul­ association, corporation, estate, trust or ture other business enterprise, or legal entity, and wherever applicable, a State, polit­ TITLE 5— ADMINISTRATIVE Subchapter B— Loans, Purchases, and Other ical subdivision of a State, or any agency PERSONNEL Operations thereof producing oats in 1958 as land- [1958 C. C, C. Grain Price Support Bulletin owner, landlord, tenant, or sharecropper. Chapter I— Civil Service Commission 1, Supp. 1, Oats] Executors, administrators, trustees, or P art 6— E xceptions F rom the v P art 421— G rains and R elated " receivers who represent an eligible pro­ Competitive S ervice Commodities ducer or his estate may qualify for price support provided the loan or purchase DEPARTMENT OF THE INTERIOR SUBPART— 1958-CROP OATS LOAN AND agreement documents executed by them PURCHASE ^AGlCEEMENT PROGRAM Effective upon publication in the F ed­ are legally valid. Two or more eligible eral R egister, paragraph (a) (5) of A price support program has been an­ producers may obtain a joint Joan on § 6.110 is amended as set out below. nounced for 1958-crop oats. The 1958 eligible oats harvested by them if stored 3426 RULES AND REGULATIONS in the same farm-storage facility. In the livery will be made of the same country § 421.3280 Determination of quantity. case of joint loans, each person signing run quality, quantity and grade, not (a) The quantity of oats placed under the note shall be held jointly and sev­ Tough, and no lien for processing will be farm-storage loan may be determined erally responsible for the loan. Ware­ claimed, by the warehouseman from either by weight or by measurement. house-storage loans may be made to a Commodity Credit Corporation ^or any The quantity of oats placed under a warehouseman who tenders to CCC subsequent holder of the warehouse warehouse-storage loan or delivered un­ warehouse receipts issued by him on receipt.” der a farm-storage loan or under a pur­ grain produced by him only in those (3) If offered as security for a farm-chase agreement -shall be determined by States where the issuance and pledge storage loan, the oats must have béen^ weight. of such warehouse receipts is valid under stored in the granary at least 30 days (b) When the quantity is determined State law. Where the county office has prior to their inspection for measure­ by weight, a bushel shall be 32 pounds experienced difficulties in settling farm- ment, sampling and sealing, unless other­ of oats. In determining the quantity of storage loans with a producer, the county wise approved by the State committee. sacked oats by weight, a deduction of committee shall determine that he is not (d) Except as otherwise provided inthree-fourths of a pound for each sack eligible for a farm-storage loan. He shall § 421.3285 (a), oats under purchase shall be made. be eligible, however, to obtain a ware­ agreement stored in other than approved (c) (1) To determine the quantity of house-storage loan or sign a purchase warhouse storage shall not be eligible for oats in a bin by measurement, divide the agreement. / sale to CCC if they do not meet the re­ cubic feet of oats by 1.25. The quantity quirements of paragraph (c) (1) and so determined shall be adjusted for test § 421.3278 Eligible oats. Oats, to be (2) of tins' section on the basis of a pre­ weight by applying the applicable per­ eligible for price support, must meet all centage as shown in the following table. of the applicable requirements set forth delivery inspection performed by a rep­ in this section: resentative of the county committee, For oats testing: Percent (a) The oats must have been produced unless the producer complies with the 40 pounds or over______125 conditions specified in § 421.3285 (a) and 39 pounds or over, but less than in the continental United States in 1958 the oats on the basis of the inspection 40 pounds______121 by an eligible producer. made at the time of delivery meet the 38 pounds or over, but less than (b) At the time the oats are placed requirements set forth in paragraph (c) 39 pounds______118 under loan or delivered under a purchase 37 pounds or over, but less than agreement: (D and (2) of this section. 38 pounds______115 (1) The beneficial interest in the oats § 421.3279 Warehouse receipts. Ware­ 36 pounds or over, but less than house receipts representing oats in ap­ 37 pounds______,______112 must be in the eligible producer tender­ 35 pounds or over, but less than ing the oats for loan or for delivery under proved warehouse storage to be placed 36 pou nd s.______109 a purchase agreement and must always under loan or delivered under a purchase 34 pounds or over, but less than have been in him, or must have been in agreement, must meet the following 35 pounds_____ ¿.______' ______106 him and a former producer whom he requirements: 33 pounds or over, but less than succeeded before the oats were harvested. (a) Warehouse receipts must be is­ 34 pounds______103 Any producer who is in doubt as to sued in the name of the producer, must 32 pounds or over, but less than 33 pounds______100 whether his interest in the commodity be properly endorsed in blank so as to 31 pounds or over, but less than complies with the requirements of this vest title in the holder, -must indicate 32 pounds__ :______96 subpart should make available to the that the oats are insured, and must be 30 pounds or over, but less than county committee all pertinent informa­ receipts issued on a warehouse approved 31 pounds______■! 93 tion, prior to filing an application, whiflh by CCC under the Uniform Grain Stor­ 29 pounds or over, but less than will permit a determination to be made age Agreement, or must be receipts is­ 30 pounds______90 by CCC as to his eligibility for price sup­ sued on warehouses operated by Eastern 28 pounds or over, but less than port. common carriers under tariffs approved 29 pounds______1______87 (2) To meet the Requirements of suc­ by Jhe Interstate Commerce Commission 27 pounds or over, but less than cession to a former producer, the rights, for which custodian agreements are in . 28 pounds..______84 responsibilities and interest of the for­ effect. (2) If the State committee determines mer producer with respect to the farm­ (b) Each warehouse receipt, or the that a pack factor should be used to ing unit on which the-oats were produced warehouseman’s supplemental certificate arrive at the quantity of oats eligible for shall have been substantially assumed (in duplicate), properly identified with loan, the following shall be applicable: by the person claiming succession. Mere the warehouse receipts must show: (1) (i) Multiply the quantity of oats as purchase of the crop prior to harvest, Gross weight or bushel, (2) class, (3) provided above by a pack factor of 1.15 without acquisition of any additional in­ grade, (4) test weight, and (5) any other if the quantity adjusted for test weight terest in the farming unit, shall not con­ grading factor(s) when such factor(s) is 4,000 bushels or less, and by a pack stitute succession. The county commit­ and not test weight determine the grade. factor of 1.25 if the quantity adjusted tee shall determine whether the require­ (c) A separate warehouse-receipt must for test weight exceeds 4,000 bushels. ments with respect to succession have be submitted for each grade of oats. (ii) Multiply the quantity of oats by been met. (d) The warehouse receipt may be the pack factor of. 1.15 regardless of the (c) Oats, at the time they are placed subject to liens for warehouse charges number of bushéls in the bin if the mini­ under loan, and oats under purchase only to the extent indicated in § 421.3284. mum height of the oats in the bin is five agreements which are in approved ware­ (e) If the warehouseman has fur­ feet or less. house storage prior to notification by Aa nished a statement as provided in (d) Since the percentage of dockage producer of his intention to sell to CCC, § 421.3278 (c) (2), the supplemental cer­ is not a grade factor in the case of oats, must meet the following requirements: tificate must show the numerical grade the quantity of oats will be determined (1) The oats must grade No. 3 or and the grading factors of the oats to without reference to dockage. better (or No. 3 Garlicky or better). be delivered. Where the grade and Feed oats and mixed feed oats will not be § 421.3281 Determination of quality. grading factors shown on the supple­ The grade, grading factors, and all other eligible. mental certificate do not agree with the (2) Oats grading Tough, Weevily, quality factors shall be determined in warehouse receipt, the factors shown on accordance with the methods set forth Smutty, Ergoty, Bleached, or Thin, or the supplemental certificate shall take containing mercurial compounds or in the Official Gçain Standards of the precedence: United States for Oats, whether or not other substances poisonous to man or (f) If the receipt is issued for grain animals, or oats otherwise of low quality such déterminations are made on the of which the warehouseman is the pro­ basis of an official inspection. will not be eligible, except that oats ducer and the owner either solely, jointly, represented by warehouse receipts grad­ or in common with others, the fact of § 421.3282 Maturity of loans. Loans ing “Tough” will be eligible if the ware­ such ownership shall be stated on the mature on demand but not later than houseman certifies on the supplemental réceipt. Such receipts shall also be reg­ February 28, 1959, on oats stored in the certificate or on a statement attached to istered or recorded with appropriate States of Alabama, Arkansas,'Delaware, the warehouse receipt substantially as State or local officials when required by Florida, Georgia, Kentucky, Louisiana, follows: “On oats grading Tough, de­ State law. Maryland, Mississippi, New Jersey, North Wednesday, M ay 21, 1958 FEDERAL REGISTER 3427

Carolina, Pennsylvania, South Carolina, I d a h o —continued i n d i a n a —continued Tennessee, Virginia, and West, Virginia, Rate per Rate per Rate per Rate per and not later than April 30,1959, on oats 'County bushel County bushel County bushel County bushel stored in all other States. \ Lewis $0. 61 Payette $0. 63 Martin ____ $0. 64 Scott ______$0. 65 Lincoln ___ .62 P o w e r _____ .61 Miami 2K.V .62 Shelby ______.62 § 421.3283 Basic county support rates. Madison __,... .59 Shoshone _. .59 M onroe___ _ .64 S p e n c e r ___ _ .64 (a) Loans will be made, and oats de­ Minidoka _ .62 Teton _____ .59 Montgomery « .62 Starke______. 62 livered under purchase agreements will Nez Perce _ .62 Twin Falls . .62 .62 . 63 be purchased at the basic support rates O n e id a ____ .61 Valley ___ .61 N ew ton ____ .61 S u lliv a n _____ j63 set forth in this section. Both farm- Owyhee ___ .63 W ashington - .62 Noble _____ .62 Switzerland_ . 65 Ohio ______.65 T ip p ecan oe_ .62 storage and warehouse-storage loans will ILLINOIS- be based on the support rate established Orange ___ „ .64 Tipton ______.62 A d a m s ___ $0. 61 L ee______$0. 61 Owen _____ .62 U n io n ______. 62 for the county in which the oats are pro­ Alexander _ .64 Livingston , .61 Parke _____ .61 Vanderburgh _ .64 duced. Support rates per bushel for oats Bond ___ _ . 62 Logan _ __ .61 Perry ______.64 Vermillion___ . 61 grading No. 3 are set forth below: Boone __ .61 McDonough » .61 P ik e ______.64 Vigo ------. 62 Brown ___ .61 McHenry __ .61 P o rter_____ .62 Wabash _____ . 62 a l a b a m a Rate per B u rea u ___ .61 McLean __ .61 Posey ______.64 W arren______. 61 . County bushel Pulaski ___ .62 W arrick _____ .64 All counties______$0. 71 Calhoun -_ . 62 Macon ____ . 61 C a rro ll__ _ .61 Macoupin s .62 Putnam .62 Washington _ .64 ARIZONA- Cass __ __ .61 M a d is o n __ .63 Randolph __ .62 W a y n e __ ___ .62 All counties__ $0.78 Champaign .61 Marion ___ .63 R ip le y _____ .65 W eils______.62 _ R u s h _____ . 62 W h ite ...... 62 ARKANSAS C h ristian _ ^ 61 M a r sh a ll_| .61 Clark . 62 . 61 St. Joseph _— .63 Whitley ____ . 62 All counties__ $0 . 68, Clay ------.63 ' Massac ____ .64~ IOWA CALIFORNIA Clinton ___ .63 Menard ___ .61 Adair _____ J efferso n ___ $0. 61 Rate per Rate per C o le s______.61 M ercer__ _ .61 $0.60 Cook ______.63 Monroe .64 Adams ____ . 60 J o h n s o n ___ . 61 County bushel County bushel ' _ $0. 78 Placer _____ $0. 73 tlra w fo rd _ .63 Montgomery .62 Allamakee _ .61 Jones _._____ -.61 Alameda____ .62 Appanoose ___ . 66 Keokuk _____ 160 Alpine ______.74 P lu m a s____ _ .71 Cumberland Morgan ___ .61 De Kalb ___ .61 Moultrie __,_ .61 Audubon __. .59 Kossuth _'___ .59 Amador___ _ .75 R iversid e__ _ .76 Benton ___ .61 B u tte ____- .74 Sacramento _ .75 De Witt ___ .61 Ogle ------\ 61 . 60 Lee ______Douglas 2__ .61 Peoria ___ .61 Black Hawk .60 L i n n ____ !__ . 61 Calaveras___ . 75 San Benito__ .76 .61 .75 San Bernar- Du Page . 61 Perry ____ . .64 Boone _____ .59 Louisa ____ _ C olusa_____- E d g a r ___ -_ .61 . 60 . 60 Contra Costa- .78 dino ______.76 Piatt ______.61 Kd wards .64 .61 Buchanan _ .60 Lyon ______. 57 Del Norte____ .73 Sam Diego ___ .76 M adison_____ . 60 .78 Effingham _ . 62 P o p e ______. 65 Buena Vista . 59 El D orado__ .74 San Francisco Butler ____ M a h a sk a ___ - 60 Fresno .76 San Joaquin_ .77 Fayette __ .62 Pulaski __ .64 . 59 Ford ______.61 P u tn a m __ .61 Calhoun __, .59 M a rio n ______. 60 G le n n .... _ + San Luis . 74 Franklin __ .64 Randolph _ Carroll ___ .59 M a rsh a ll____ . 59 Hum boldt__ .75 O b isp o __ _ .76 .64 F u lt o n ___ .61 R ic h la n d _ .63 Cass ______» 60 M ills ______.60 Imperial____ .76 San Mateo__ . 78 M itch ell_____ . 59 Inyo .76 Santa Barbara .76 G a lla tin __ . 65 Rock Island .61 Cedar _____ .61 G re en e ___ .62 Saint Clair .64 Cerro Gordo .59 Monona ____ . 58 Kern .76 Santa Clara_ .78 . 60 __ Grundy .61 Saline ____ .65 Cherokee __ . 58 M onroe____ _ Kings .76 Santa Cruz .77 Hamilton _ Montgomery_ .60 Lake 2.71 . 64r Sangamon .61 Chickasaw . .60 .75 S h a s t a ______Hancock __ _ .61 Schuyler _ Clarke ___ .60 M u sca tin e__ .61 Lassen _ .71 Sierra ______.71 . 61, H a r d i n . . 65 . 61 Clay ------.59 O’Brien _____ .58 Los Angeles^- .78 Siskiyou ____ .6 8 Henderson Clayton ___ . 61 Osceola ______. 57 Madera _ _',_L .76 Solano ____ :_ . 78 .61 S h e lb y ___ .61 H e n r y ...... Clinton ___ .61 P a g e ______- .60 Marin *■ ■ ■ .78 S o n o m a ____ .77 .61 Stark ___ .61 Iroquois .61 Stephenson .61 C raw ford___ _ .58 Palo Alto_____ " .59 Mariposa ____ .76 S ta n isla u s__ .77 Jackson _ _ .59 P ly m o u th __ .58 M endocino_ .75 S u tter ______.75 .64 Tazewell __ .61 Dallas ___ Jasper ___ . 63 T T n in n Davis ____ . 61 Pocahontas __ . 59 Merced _ .76 T e h a m a ____ .73 . 64 Modoc J e ffe r so n _ .64 Vermilion _ .61 Decatur __ . 60 Polk ___ . 59 .6 8 T r in ity ______.75 Jersey ____ W a b a sh __ Delaware _ .61 Pottawattamie .60 Mono " « H a s .75 Tulare ____ .76 .62 .64 Jo Daviess _ .61 W arren___ .61 Des Moines .61 P ow esh iek ___ .59 Monterey ____ .76 Tuolumne ___ .75 ___ .60 Napa _ ,, Ventura _____ Johnson ___ .64 Washington .64 Dickinson _ .58 Ringgold .77 . 77 Kane _ __ .61 W a y n e ___ .64 Dubuque _-- .61 Sac ______. 59 Nevada .71 Y o lo ___ i___ .76 ' . 61 Orange 2; .... Y u b a ______.74 Kankakee _ .61 W h ite ____ . 6* E m m e t___ .58 Scott ______.77 K e n d a ll__ .61 Whiteside _ .61 F a y e t t e _- .61 S h elb y ,______.59 COLORADO K n o x . 61 Will . 62 Floyd ____ .59 Sioux ______.57 All counties__ $0. 63 Lake .62 Williamson .64 F r a n k lin _-- . 59 S to ry ------.59 La Salle .61 Winnebago ». .61 F rem ont__ .60 Tama ______. 59 CONNECTICUT Lawrence . .63 Woodford _ .61 Greene ___ .59 T aylor______.60 All counties__ ' $0. 71 Grundy __ .59 U n io n ______. 60 INDIANA DELAWARE G u th r ie __ .59 Van Buren _ .61 All counties $0. 70 Adams'______$0.62 Gibson $0. 64 H am ilto n _ .59 W a p e llo ___ _ .60 A l l e n ...... 62 fir an t . 62 H a n c o c k ___ .59 W arren______. 60 FLORIDA Bartholomew _ .63 H a rd in ___ .59 Washington __ .61 All counties $0. 75 G re en e ______.64 Benton .61 Hamilton __ .62 H a r r iso n __ .59 Wayne ______. 60 GEORGIA Blackford ____ .62 , Hancock ___ .62 H en ry _____ .61 W eb ster___ _ .59 All counties $0. 71 Boone ______.62 Harrison ___ .64 H o w a r d __ .60 Winnebago _ .59 Brown ______.64 H en d rick s__ .62 Humboldt t .59 W inn esh iek_ .61 IDAHO C a r ro ll_____ .62 Henry ______.62 Ida ______. 58 W oodbury__ .58 Rate per Rate per C a ss______.62 Howard _____ .62 Iowa ______.60 W orth ______.59 County bushel County - bushel C lark ______.64 Huntington _ .62 Jackson __ -- .61 W r ig h t______.59 A d a___ C assia___ _ _ $0.62 Clay ------.62 J a c k so n _____ .64 Jasper ___ .59 Adams _ Clark ___ .59 C lin to n ______.62 Jasper ______.61 . 61 KANSAS Bannock _---- . 61 ClearwatVr .61 C raw ford__ _ .64 Jay ------* .62 Bear Lake ___ . 61 C u s te r __ __ .59 D a v iess_____ .64 Jefferson __ _ .65 A llen ______$0.63 Clark ____ $0 . 66 Benewah _---- .61 E lm o r e _ .63 D earb orn __ _ .65 Jennings ____ .65 Anderson _i_ .63 Clay ------.62 Bingham ____ . 59 Franklin ____ .61 Decatur .63 Johnson _____ .62 Atchison _s_ .63 C lo u d ______.62 Blaine _ ---- . 61 Fremont ____ . 59 De K a lb ____ .62 Knox ______.6 4 B a r b e r ___ __ . 6 6 C offey______.63 Boise Gem ____ . .63 D ela w a re___ .62 Kosciusko __ .62 Bar to p ______.64 C om an ch e___ . 6 6 Bonner . ____ . 59 Gooding ____ .62 Dubois ______.64 Lagrange ____ .63 Bourbon ____ .64 C o w ley ______.65 Bonneville — .59 Idaho ______.60 Elkhart _____ .63 L a k e ______.62 Brown ______.62 Crawford ____ .64 Boundary ---- . 59 Jefferson ___ .59 Fayette .62 La Porte _____ .63 . 65 .62 Butte _ .ea Floyd ______.64 Lawrence ____ .64 Chase ______.64 Dickinson ___ .63 Camas _ Kootenai ____ .61 F o u n ta in ____ .61 Madison _____ .62 Chautauqua _ .65 Doniphan ___ .63 Canyon ----- .63 L a ta h ____ .62 Franklin ____ .6 4 M a rio n ___ __ .62 Cherokee ____ .65 Douglas _____ .6 3 Caribou _ ----- .60 Lemhi _____ . 59 F u lt o n ______.62 Marshall__ _ .62 Cheyenne ___ .63 E d w a rd s____ .6 4 3428 RULES AND REGULATIONS

K a n s a s —continued M i c h i g a n — continued M i s s o u r i —continued Rate per Rate per Rate per Rate per Rate per Rate per County bushel County bushel County bushel . County bushel County bushel County bushel E lk ______$0.64 Nemaha _____$0.62 Montmorency $0.62 Roscommon _ $0.62 Holt ______$0.62 P e t t i s __ .____ $0.64 E llis______.63 N e o sh o ______. 64' Muskegon r __ . 64 Saginaw ____ .62 Howard _____ . 64 P h e lp s _____ .65 Ellsworth ___ . 63 Ness ______. 64 N ew a y g o __ . 64 St. C lair______.63 H o w e ll_____ . 66 Pike ______. 61 F in n e y ______.65 N o r to n ____ _ . 62 O akland____ »^¡3 St. J o sep h __ • . 63 I r o n ______. 65 P la t t e ______. 64 F o r d ______. 65 Osage ______. 63 O ceana______. 64 S a n ila c ___ __ * ,62 Jackson _____ .63 Polk ______,63 F r a n k lin ____ .63 O sb orn e___ _ .62 O gem aw _____ .62 Schoolcraft_ .64 J a s p e r __ i__ . 64 Pulaski _s.___ .64 G e a r y _«____ . 63 O tta w a ____ _ .62 Ontonagon __ .63 Shiawassee __ .62 J efferso n __ _ . 64 P u tn a m ____ .62 G o v e ______.64 Pawnee ___ _ .64 Osceola ___ _ . 63 Tusoola ___ _ . 62 J o h n s o n ____ . 63 R a lls ___ i ___ .61 G ra h a m __ ¿_ . 63 P h illip s______.61 O sco d a ______,62 Van Buren__ .64 Knox ______. 62 R a n d o lp h __ . 63 Grant ______- . 65 Pottawatomie . 62 Otsego ____ _ .63 Washtenaw __ . 63 Laclede _____ . 64 R a y ------.64 Gray ______!__ .65 P r a tt______.65 Ottawa-___ .64 W a y n e __ ___ ,63 L a fa y e tte __ .63 Reynolds ____ .65 Greeley ___ _ . 64 Rawlins ____ . 63 Presque Isle__ . 62 W exford____ .64 Law rence____ .64 Ripley — .66 G reen w ood __ .64 R e n o ______.64 Lewis ______. 61 St. Charles __ .63 H a m ilto n __ _ .65 Republic _.__ . 61 MINNESOTA L in c o ln _____ .63 St. C lair____ ; ,63 H a rp er___ __ . 66 Rice ____:z____ . 64 $0. 56 _ $0.50 L i n n ___ ,____ . 63 Ste. Genevieve .64 H a rv ey ______. 64 R ile y ___ i___ .62 Anoka ______.58 M a r tin _!__ _ .56 L ivin gston__ .63 St. Francis_ .65 H a s k e ll__ _ .65 R o o k s______. 62 Becker .52 M eek er___ _ _ . 56 M cD on ald_- .65 St. L o u is___ . 64 Hodgeman __ .64 R u s h ______.64 Beltrami ___ .51 Mille Lacs__ .56 Macon ______. 63 Saline ______. 63 Jackson___1- . 63 R u s s e ll______.63 B e n to n ______. 56 M orrison __ - . 55 M a d iso n __ _ .65 S c h u y le r __ .62 J e ffe r so n __ _ .63 Saline - ______.63 Big S to n e ___ .53 Mower _____ .57 Maries _____ .65 Scotland ____ .61 J e w e ll______. 61 S c o t t ____ i_ .64 Blue E arth__ .57 M urray__ _ _ .54 M a r io n ___ _ .61 Scott ______.64 J o h n s o n ____ . 64 S ed g w ick ___ .65 Brown .56 Nicollet _ .57 Mercer ______. 62 S h a n n o n __ _ . 65 K ea rn y ____ _ . 65 S ew a rd ______.66 C arlton______.57 Nobles ____ .55 Miller ______. 64 Shelby _____ ,62 K in g m a n ___ . 65 Shawnee _.__ .63 Carver______.58 N o rm a n ___ .51 Mississippi __ . 64 S to d d a rd __ _ .65 Kiowa ______.65 S h er id a n __ _ .63 Cass ______.54 Olmsted __ - .57 M o n ite a u __ .64 Stone ______.65 Labette __ L* .65 S h er m a n ___ .63 C h ip p ew a ___ .54 Otter Tail___- .53 Monroe ___ _ . 62 Sullivan ___ .62 Lane _.______.64 Sm ith __ i .61 C h isa g o _____ .58 Pennington _,- .51 Montgomery _ .64 Taney ______. 66 Leavenworth _ .64 S ta ffo rd _____ -. 64 Clay ------.52 Pine ______- K. 57 Morgan ____ .64 T e x a s ______.64 L in coln ______.62 Stanton _____ . 65 Clearwater__ .52 P ip estone_ .54 New Madrid _ .65 Vernon _____ . 63 L in n ______. 63 S t e v e n s __;_ . 66 C o o k ______.58 Polk ______. ' .51 Newton _____ .64 W arren_____ .64 L o g a n ______.64 S u m n e r ____ .66 Cottonwood _ .55 P o p e ______. 54 N o d a w a y ___ . 61 Washington _ . 65 Lyon _!______.63 T h o m a s_____ .63 Crow Wing__ .55 Ramsey _____ .58 Oregon _____ . 66 Wayne _____ . 65 M cP h erson _ .64 Trego ______. 63 Dakota ' .58 Red Lake ___ . 51 O s a g e _____ .65 W eb ster____ . 64 M a rio n ______.64 W ab au n see_ .63 D o d g e ______.57 R ed w o o d __ .55 O za r k _____,_ .66 Worth _____ .61 Marshall _.___ .62 Wallace _____ .64 D o u g la s____ .54 R e n v ille _____ .56 P e m isc o t___ .65 Wright ______. 64 M ead e______. 66 Washington . _ .61 Faribault ____ .57 R ic e ______- .57 Perry ______.64 M ia m i___ . 63 W ic h ita _____ .64 F illm ore_____ .58 R o c k ______.55 M itc h e ll___ _ . 62 Wilson ______.64 F reeb o rn ___ _ .57 R o sea u _____ .50 MONTANA Montgomery .65 W o o d so n ___ .63 Goodhue ____ .57 Saint Louis_ .57 Beaverhead_ $0.58 M adison____ $0. 56 M orris______.63 Wyandotte __ .64 Grant .53 - .58 Big Horn ___ .54 M eagher____ • .54 M orton__ ___ . 66 Hennepin ___ .58 Sherburne __. .57, B la in e___ ;__ .50 M ineral_____ .58 KENTUCKY H o u sto n ____ .58 S ib le y ______.57 B roadw ater_ .54 M issoula____ .57 All counties______'______$0. 71 H u b b a rd ___ .53 Stearns ____ .56 Carbon _____ 54 Musselshell_ .53 I s a n t i___ i __ .57 S t e e le _____ - .57 C arter______.53 Park ______.54 LOUISIANA Itasca ______.54 S tevens_____ .53 Cascade ____ .54 P etroleu m __ .52 All counties______$0. 70 J a c k so n ____ .56 S w ift______.54 C houteau___ .51 Phillips_____ .50 Kanabec--__ _ .57 MAINE T o d d ______.55 C uster______.52 P on d era____ .52 All counties______$0.71 K and iyoh i___ .56 Traverse ___ .52 Daniels - .50 Powder River _ .53 11. ■_ H •• ; ■ : ■ •/• Kittson _____ .50 W ab a sh a __ - .57 D aw son_____ , .50 PoWell ______.56 MARYLAND Koochiching _ 4 53 W a d en a ___ .54 Deer Lodge__ .56 Prairie _____ .51 All counties______$0. 70 Lac qui Parle _ .54 W aseca____ .57 F a llo n ______.52 R a v a lli_____ .57 Lake ______.58 Washington __ .58 Fergus ______.52 Richland _— .50 MASSACHUSETTS Lake of the All counties______$0. 71 W atonw an__ .56 Flathead _____ .56 R oosevelt___ .50 W oods___ _ .51 Wilkin ____ - .52 G a lla tin _____ .54 R oseb ud____ .52 MICHIGAN Le Sueur ___ .57 Winona .58 G arfield _____ .50 Sanders_____ .58 L in c o ln ___ _ .54 Wright _ .57 G la cier______.53 S h erid a n __ - .50 Rate per Rate per L y o n ______.54 County bushel County bushel Yellow Golden Valley. .53 Silver B ow __ .56 Alcona ______$0. 62 Hillsdale __ $0. 63 McLeod _____ .57 Medicine _- .54 G ran ite______.57 Stillw ater___ .54 A lg er______. 64 H o u g h to n ___ .63 M ah n om en __ .51 H i l l ______.51 Sweet Grass — .54 .52 Allegan _____ . 64 Huron ______.62 MISSISSIPPI J efferso n ___ .55 Teton ______Judith Basin _ .53 T oole______.52 A lp e n a ______.62 I n g h a m ___ _ . 63 All counties______$ 0 . VO .54 Antrim ______. 63 I o n i a ______.63 Lake .57 Treasure___ _ A r en a c ______.62 I o s c o ______.62 MISSOURI “Lewis and Valley _____— .50 .53 Baraga _____¡63 Iron ______.63 Rate per Rate per Clai;k____ _ .55 Wheatland _— Liberty ______.52 Wibaux 0____ .51 Barry ______. 64 I s a b e lla _____ .63 County bushel County bushel .54 B a y ______. 62 J a c k so n ___ _ . 63 Adair ______$0. 63 C h ristian___ $0. 65 L incoln______.58 Yellowstone _ Benzie ______. 63 K ala m a zo o _ .64 Andrew ____ .62 Clark ______. 61 McCone _____ .50 Berrien _____ . 63 K alk ask a__ - .63 A tc h is o n __ _ .61 Clay ______.64 NEBRASKA B ra n ch ___ __ .63 Kent ______> . 64 A u d ra in ___ _ .62 Clinton ____ _ . 64 Calhoun ____ . 63 K ew eenaw __ .63 Barry .65 Cole ______.64 Adams $0. 59 C olfax___ — $0. 58 Cass ______.63 L a k e ______. 64 Barton .64 Cooper______. 64 Antelope _’__ .56 C u m in g ------.58 Charlevoix __- .63 Lapeer ___ » . 62 Bates ______.63 C raw ford ___ . 6ß . 57 .57 C h eb o y a n __ . 63 Leelanau ____ . 63 Benton .63 Dade ______. 63 Banner .5 7 Dakota, ------.58 C h ip p ew a ___ .64 Lenawee __ .63 B o llin g er__ _ .65 Dallas ______. ,64 _ 5 6 .57 Clare ______.63 L iv in g sto n _ .63 Boone .64 D a v ie s s ____ . 63 .57 .58 Clinton ___ _ . 63 Luce ______. 64 B u ch a n a n __ .64 De K a lb __ __ .63 Box B u t t e __ .57 Deuel _— — .58 C raw ford____ .62 M ackinac___ ; 64 Butler .65 D e n t ______. 65 , 8 5 .58 Delta ______. 63 M acom b___ _ . 63 Caldwell ____ .64 Douglas _____ -.65 . 56 .59 D ic k in so n __ .63 Manie te e __ _ .64 Callaway ____ . 64 D u n k lin __ ___ .65 Buffalo . 5 8 D o u g la s------.59 E a t o n ______.63 M arq uette__ .63 Camden .6 4 F r a n k lin ____ . 65 « SB »61 E m m e t______.63 M a s o n __ ___ .64 Cape Gasconade __ .65 , 5ft .59 G e n esee ___ _ . 62 M eco sta ___ _ .63 Girardeau _ .64 G e n tr y ______. 62 Cass .59 Franklin — - .59 Gladwin ____ .62 Menominee __ .63 Carroll _ __ .63 Greene ______.64 ♦ 57 .59 G o g eb ic _____ . 63 M id lan d __ __ . 62 C a r te r _ .65 Grundy _____ . 62 ,60 .60 Grand M issau k ee___ . 63 Cass _ .63 H a rriso n ____ y .62 , 5 6 .60 T ra v erse__ . 63 Monroe _____ . 63 Cedar------.63 H en ry ______.-63 Cheyenne ___ .58 Garden __—— .57 Gratiot ___ _ .63 Montcalm . . . . 63 Chariton ____ .63 Hickory _____ . 63 Clay ______.59 Garfield __—- .56 Wednesday, M ay 21, 1958 FEDERAL REGISTER 3429

N e b r a s k a —continued O h i o — continued SOUTH DAKOTA— continued Rate per Rate per Rate per Rate per Rate per Rate per County "bushel County bushel County bushel County bushel County bushel County bushel Gosper —- — $0.59 Otoe ______$0. 59 Gallia $0. 69 M organ__ _— $0.69 L aw rence_ $0.51 Sanborn __ __ $0.53 G rant------.5 6 Pawnee ___ .60 Geauga .68 Morrow______.65 Lincoln _ _— .55 Shannon _ .54 Greeley — ------.57 Perkins __ ; 59 G re en e ______.65 Muckingum __ .68 Lyman „ .52 S p in k ...... — .52 Hall — *.■—*«* .58 Phelps ____ .59 G uern sey__ _ .69 Noble ______.69 M cC ook__ .53 Stanley .52 Hamilton —— .58 Pierce _____ .57 H am ilto n __ _ . 65 O tta w a ______.65 McPherson .51 Sully _____ .52 . 59 P l a t t e . 57 Hancock _____ .64 P a u ld in g ------.63 M a rsh a ll_ .52 Todd _____ .53 H ayes------.60 Polk ______.57 Hardin - . 64 Perry__ -r____ .67 Meade ___ — .51 Tripp ____ .53 H itchcock------.61 Red Willow .60 H a rriso n __ _ .69 P ickaw ay____ .65 M ellette __ — .53 Turner___ .55 Holt - .56 Richardson .60 Henry ______.64 P ik e ______.68 Miner .53 Union ______.56 Hooker___ ¡SHE .56 R o c k ______.56 Highland ____ .67 Portage ______.68 Minnehaha .54 Walworth _ .51 .57 S a l i n e .59 H o ck in g _____ - .67 P re b le ______.63 Moody ___ . .54 Washabaugh .53 Jefferson _ _ — > .59 > Sarpy ------.59 H o lm es______.67 P u tn a m _____ .64 Pennington .52 Washington _ .52 Johnson _____ .60 Saunders _ .59 H u ron ______.65 R ic h la n d ___ .65 P e r k in s __ .51 Y a n k to n _ .55 Kearney -— fs .59 Scotts Bluff .57 Jackson . 68 Ross ______.66 P o tte r ____ — .51 Z ie b a c h __ .51 Keith .58 S ew ard _____ .58 Jefferson ____ .70 Sandusky ____ .65 R o b e r ts __ .52 Sheridan _ — . 57 Knox ______.65 Keya Paha — .55 S c io to ______.68 TENNESSEE Kimball ____ .58 S h erm a n _-- .-57 Lake ______.68 S e n e c a ______.65 All counties______$0. 71 K n o x __ ' .56 S io u x ____ .57 Lawrence ____ .68 Shelby ______.64 Lancaster ___ .59 S t a n t o n _ .57 L ick in g______.65 Stark ____ .68 TEXAS Lincoln .58 T h a y e r ___ . 59 ,Logan ______.65 S u m m it_____ .67 All counties______$0. 69 _ — .57 T h o m a s__ .56 Lorain .66 T rum bu ll___ .69 Logan __ UTAH _ L ucas______Loup ____¿wv. .56 Thurston .58 . 64 T uscaraw as_ .68 All counties______$0. 70 McPherson_ .57 V a lley ____ .57 Madison .65 U n io n ______.65 Madison ____ .57 W ashington .59 M a h o n in g ___ .69 Van W ert___ .63 VIRGINIA Merrick___ _ .57 , W a y n e ___ . 57 Marion .65 V in to n ______.68 All counties______$0. 70 Morrill ______.57 Webster .59 M ed in a______.67 Warren . .65 WASHINGTON Nance______.57 W h eeler__ .56 M e ig s _- ____ .69 Washington _ .70 .59 York . _ .58 M ercer______.63 Wayne .67 Rate per Rate per Nuckolls ___ _ .59 M ia m i______.64 Williams .64 County bushel County bushel M onroe______.70 W ood______.64 NEVADA Adams _____ $0.63 Lewis ______$0. 68 Montgomery _ .64 Wyandot ____ .65 Asotin ...... 63 Lincoln .63 All counties___ $0. 75 Benton ____ .65 Mason ______.68 OKLAHOMA N E W JER SEY Chelan ____ .66 All counties__ $0. 67 Okanogan __ .66 All counties___ $0.71 Clallam -____ .68 Pacific ______.68 OREGON Clark N E W M EXICO ___ .70 Pend Oreille _ .61 All counties__ $0. 70 Rate per Columbia .63 Pierce .69 Rate per Cowlitfc _ County bushel County bushel ___ .69 San J u a n __ - . 68 N E W YO RK Baker ______$0. 64 L a k e ______Douglas _...... 65 Skagit ______.68 All counties___ $0. 70 $0. 68 Benton .70 Ferry __ ___ .64 S k a m a n ia __ .69 L a n e ______.69 Franklin NORTH CAROLINA Clackam as__ .70 L incoln______—— .63 S n o h o m ish _ .68 .70 Garfield _...... 63 Spokane ___ .62 ___ $0. 71 C latsop___ _ All counties .69 L in n ______.69 Grant ______.64 Colum bia__ _ .70 Malheur .64 S t e v e n s ___ _ .62 N O RTH DAKOTA C oos______.70 Marion Grays Harbor. . 68 T h u r s to n __ .68 .70 Island _ ___ .68 Wahkiakum _ .68 Rate per Rate per Crook ______.68 Morrow______.67 C u rr y ______.70 Jefferson ____ .68 Walla Walla _ .63 County bushel County bushel M ultnom ah_ .70 K in g ----- ____ .69 W h a tc o m __ .68 Adams V'-'-? $0. 51 McLean $0. 49 D e sc h u tes__ .68 P o lk ______.70 D o u g la s_____ Kitsap ____ .68 W h itm a n ___ .62 Barnes t - - .52 M ercer___ .49 .69 S h er m a n ___ .68 Yakima G illiam ______.68 K ittitas _ . 66 .66 Bensoh ...¿Sip .50 Morton .50 T illa m o o k __ .70 Klickitat ____ . 66 Billings .50 M o n tr a il_ .48 Grant .67 Umatilla __ .66 Bottineau .49 Nelson ___ .51 Harney .67 Union .65 , WEST VIRGINIA Bowman _!_ .51 Oliver _____ .50 Hood R iv e r _ .70 Wallowa .64 All counties____ . ___ >______$0. 71 Burke .48 P e m b in a _ .50 Jackson .69 Wasco .68 B urleigh__ _ .51 Pierce .49 J efferso n ___ .68 Washington _ .70 WISCONSIN Cass .52 Ramsey ‘ .50 Josephine___ ' .69 Wheeler .68 Rate per Rate per Cavalier .50 R a n so m __ .52 Klamath . 68 Yamhill .70 County bushel County bushel Dickey .52 Renville .49 Adams $0. 61 Lafayette __ $0. 63 D ivid e_il. .48 Richland _ .52 PENNSYLVANIA All counties______1____ _ $0. 70 Ashland _ .61 L a n g la d e__ .61 Dunn _ _ _ i ^ .49 R o le tte ___ .49 Barron .59 Lincoln .61 Eddy___ .51 Sargent .52 RHODE /ISLAND B a y field _____ .60 Manitowoc _ .60 Emmons _ .51 S h er id a n __ .50 All counties______$0. 71 Brown .60 Marathon _ .61 Poster____ .51 Sioux .51 Buffalo .59 Marinette _ .62 Golden Valley .50 Slope ______.50 SOUTH CAROLINA Burnett .59 Marquette _ .61 Grand Forks-__ .51 Stark .50 All counties______¿2______$0. 71 C a lu m e t__ _ .60 Milwaukee _ .63 Grant _____ .50 S t e e le ______.51 C h ip p ew a __ Monroe SOUTH DAKOTA .60' .61 Griggs -___ __ .51 Stutsm an _ .52 Clark ______.60 .Oconto ____ .61 Hettinger _ .50 Towner T .50 Rate per Rate per C o lu m b ia __ .61 O n e id a ____ .62 Kidder .51 Traill .51 County bushel County bushel Crawford __ .62 Outagamie _1-r .60 La Moure .52 Walsh .50 Arm strong__ $0. 52 D ew ey______$0.51" Dane .62 Ozaukee __ .62 Bogan__ j r — .51 Ward .49 Aurora ___ ; .53 Douglas .53 Dodge .61 Pepin .59 McHenry _, .49 Wells .50 Beadle .53 Edmunds _ .51 Door .60 Pierce . 59 McIntosh .51 Williams_ .48 Bennett .53 Fall River ___ .54 D o u g la s_____ .59 Polk ...... 59 M cKenzie__ .49 Bon Homme _ .54 Faulk .51 Dunn .60 Portage .61 B ro o k in g s__ .54 Grant OHIO __ .53 Eau C laire__ .60 Price .61 Brown ____ _ .52 Gregory .53 Florence ____ .62 Racine .63 Adams ______$o. 68 C lin ton ______$0. 66 Brule .53 Haakon __ .52 Fond du Lac _ .60 Richland ___ .62 Allen______. 64 Columbiana _ . 69 Buffalo _ .53 Hamliii __ .53 Forest...... 62 Rock .62 Ashland _____ . 65 C osh octon __ . 67 Butte ______.51 Hand ____ .52 Grant...... 62 R.nsk .60 Ashtabula ___ .69 Crawford ■ ___ .65 C a m p b e ll__ .5L Hanson — .53 G r e e n ______.62 St. C ro ix __ .59 A thens__ _ . 69 C u y a h o g a __ . 67 Charles Mix_ .53 Harding __ .51 Green L a k e_ .61 Sauk ______.62 Auglaize___ _ .64 Darke ______.63 Clark _ .52 H u g h e s __ — .52 I o w a ______- .63 S a w y er ____ .6 0 Belmont___ _ > . 70 Defiance ____ .63 Clay ______.56 Hutchinson _ .54 Iron ______.62 Shawano __ .61 Brown _____ . 67 Delaware ___ . 65 C o d in g to n __ .52 Hyde ...... — .52 Jackson ____ .61 Sheboygan/_ .61 Butler"______164 Erie ______. 65 Corson _ .51 Jackson — .52 J efferso n __ _ .62 T aylor_____ .61 Carroll ______. 69 F airfield ___ _ . 65 Custer _ .54 Jerauld _ — .53 Juneau _ _ .61 Trempealeau .60 Champaign__ .65 Fayette ______.65 Davison _ .53 Jones __ .52 Kenosha ____ .63 Vernon _____ .61 C1a r k ...... 65 Franklin . 65 D a y ------.5 2 Kingsbury _ .53 K ew au n ee__ .60 V ila s ______.62 Clermont__ .66 F u lt o n ______. 64 D e u e l_ .54 L a k e ______. . .53 La Crosse ____ .60 Walworth__ .62 3430 RULES, AND REGULATIONS

W i s c o n s i n — continued and discount shall be applied to the basic satisfy the lien by sale of the com­ • Rate per Rate per rate at the time of settlement. modity when CCC is holder of the ware­ County bushel County bushel (3) Schedule of premiums and dis­ house receipt. Where the daté of de­ W ash b u rn $0. 59 Waushara _ $0. 61 count. posit (the date of the warehouse receipt W ashington _ .62 Winnebago __ .60 Cents per if the date of deposit is not shown) on W au k esh a__ _ .63 Wood ___ .61 Premiums: bushel warehouse receipts representing oats W au p aca___ . 61 Grade No. 2 or better______1 stored in warehouses operating under the Test weight': WYOMING Uniform Grain Storage Agreement is on All counties.______$0. 60 Heavy ______;____ 1 Extra heavy______2 or before February 28, 1959, or April 30, (b) Applicability of weed, control pro­Discdunt: 1959, the applicable date to be deter­ visions. Where the State committee de­ Garlicky ______.______3 mined in accordance with § 421.3282, termines that State, district or county § 421.3284 Warehouse charges, (a) there shall be deducted in computing the weed control laws, as administered, affect Warehouse receipts and oats represented amount of the loan or purchase price the the oat crop, the support rate in the case thereby stored in approved warehouses storage charges per' bushel as shown in of farm storage shall be 10 cents below operating under the Uniform Grain Stor­ the following table unless written evi­ the applicable county support rate for age Agreement may be subject to liens dence has been submitted with the ware­ the county in which the oats were pro­ for warehouse handling and storage house receipt that all warehouse charges, duced unless the producer obtains a cer­ charges at not to exceed the Uniform except receiving and loading out charges, tificate from the appropriate weed con­ Grain Storage Agreement rates from the have been prepaid through February 28, trol officiai indicating that the oats date the grain is deposited in the ware­ 1959, or April 30, 1959, the applicable comply with the weed control laws. In house for storage: Provided, That, the date to be determined in accordance with the case of warehouse storage, whenever warehouseman shall not be entitled to § 421.3282. the State committee of the State in which the oats are stored determines « Amount of deduction For States having a maturity date not For States having a maturity date not that State, district or county weed con­ (cents per bushel) later than Apr. 30,1959, date of de­ later than Feb. 28, 1959, date of de­ trol laws, as administered, affect oats posit (all dates inclusive) posit (all dates inclusive) stored in approved warehouses, the ipate shall be 10 cents below the applicable 12...... 11 ...... -...... Prior to Apr. 10,1958. support rate for the county in which the in . . Apr. 10-May 10,1958. oats were produced unless the producer 9...... July 11-Aug. 10, 1958...... May 11-June 10, 1958. obtains a certificate from either the ap­ 8...... June 11-July 11,1958. 7...... Sept. 11-Oct. 11,1958 _..... July 12-Aug. 11,1958. propriate State, county or district weed 6...... Qct. 12-No v. 11,1958...... Aug. 12-Sept. 11,1958. control official or the storing warehouse­ 5...... Nov; 12-Dec. 12, 1958...... Sept. 12-0 Ct. 12, 1958. 4...... Dec. 13, 1958-Jan. 12, 1959...... Oct. 13-Nov. 12,1958. man that the oats comply with the weed 3...... Jan. 13-Feb. 12,1959...... Nov. 13-Dec. 13, 1958. control laws, and in the case of th&ware- 2...... Feb. 13-Mar. 15, 1959...... Dec. 14,1958-Jan. 13, 1959. houseman, that he will save CCC harm­ 1 ...... ______;_____ Mar. 16-Apr. 30, 1959______Jan. 14-Feb. 28,1959. less from loss or penalty because of the weed control laws. The certificate of the (b) Warehouse receipts and the oatsprior to delivery of the oats. If the oats warehouseman may be in substantially represented thereby stored in approved on the basis of the predelivery inspection the following form: warehouses operated by Eastern common are of a quality which meet the require­ C e r t i f i c a t e carriers may be subject to liens for ware­ ments for a farm-storage loan, the This is to certify that the grain evidenced house elevation (receiving and deliver­ county office shall issue delivery instruc­ by warehouse receipt No. _____ issued to ing) and storage charges from the date tions on or after the final date of the ______is not subject to seizure or other of deposit at rates approved by the In­ 30-day period or the date of inspection action under weed control laws or regulations terstate Commerce Commission: Pro­ whichever is later. The producer must in effect at point pf storage. Tt is further vided, That, the warehouseman shall not then complete delivery within a 15-day certified and agreed that should such grain be entitled to satisfy the lien by sale of period immediately following the date be taken over by CCC in settlement of a loan the commodity if CCC is holder of the the county office issued delivery instruc­ or be purchased under the purchase agree­ warehouse receipt. There shall be de­ ment program that the undersigned will save tions unless the county office determines CCC from loss pr penalty under weed control ducted in computing the loan or purchase that more time is needed for delivery. laws or regulations in effect at the point the price, the amount of the approved tariff The producer whose oats are stored in grain was stored under the above warehouse rate for storage (not including eleva­ other than an approved warehouse and receipt. tion) , which will accumulate from the whose oats are not of a quality eligible date of deposit through February 28 or for a loan at the time of the predelivery (Signature) April 30, 1959, whichever date is appli­ inspection, shall be notified in writing by cable as determined in accordance, with the county office that his oats are not (Addréss) § 421.3282, unless written evidence is sub­ eligible for purchase by CCC. If, never­ (Date) mitted with the warehouse receipt that theless, the producer informs the county the storage charges have been prepaid. office that he will condition the oats or (c) Premiums and discounts—(1) The county committee shall request the otherwise take action to make the oats Farm storage. In th? case of eligible CSS commodity office to determine the eligible and insists upon delivery of the oats placed iinder farm-storage loan the amount of such charges. "Where the oats, the county office shall issue delivery discount in this paragraph shall be ap­ producer presents evidence showing that instructions. The producer shall be fur­ plied to the basic rate at the time the elevation charges have been prepaid, the ther informed that if such oats, upon loan is completed. Applicable premiums amount of the storage charges to be de­ delivery and before purchase, do not meet for grade and test weight shall not be ducted shall be reduced by the amount the eligibility requirements of § 421.3278 applied until'time of settlement. In the of the'elevation charges prepaid by the (c) (1) and (2)- as determined on the case of eligible oats delivered from farm producer. basis of a sample taken at the time of storage under purchase agreement, the § 421.3285 Inspection of oats under delivery, the oats shall not be accepted applicable premiums and discount shall purchase agreement—(a) Predelwery in­ for purchase by CCC. A predelivery in­ be applied to the basic rate at the time spection. Where the producer has given spection shall not be made on oats stored of settlement. written notice within the 30-day period commingléd in warehouses not approved (2) Warehouse storage. In the case ofprior to the loan maturity date of his for storage or on oats in an unapproved warehouse-storage loans, the applicable intent to sell his pats stored in other than warehouse which are stored so that thfe premiums and discount for eligible oats an approved warehouse under purchase identity of the producer’s oats are main­ shall be applied to the basic rate at the agreement to CCC, thé county office shall tained but a predelivery inspection is time the loan is completed. In the case make an inspection of the oats and ob­ not possible. When a predelivery inspec­ of eligible oats represented by warehouse tain a sample of the oats and submit it tion is not made, such oats at the time of receipts tendered to CCC irnder purchase for grade analysis within the 30-day pe­ delivery mustmeet the eligibility require­ agreements, the applicable premiums riod or as soon as possible thereafter but ments of § 421.3278 (c) (1) and (2). Wednesday, M ay 21, 1958 FEDERAL REGISTER 3431 (b) Inspection of oats stored "by pro­ as determined by CCC, as of the date of are stored so that the identity of the ducer, after maturity date. The pro­ delivery. producer’s oats are maintained but a ducer may be required to retain the oats '(2) Warehouse-storage loans. Settle­ predelivery inspection is not possible, stored in other than approved warehouse ment for eligible oats under warehouse- which are delivered to CCC from a ware­ storage under purchase agreement for a storage loans not redeemed on maturity house not approved for storage and period of 60 days after the loan maturity and represented by warehouse receipts which meet the eligibility requirements date without any cost to CCC. CCC will issued by an approved warehouse shall of § 421.3278 (c) (1) and (2), shall be not assume any loss in quantity or qual­ be made on the basis of the weight, made at the applicable support rate for ity of the oats covered by a purchase grade, and other quality factors shown the grade and quantity eligible for de­ agreement occurring prior to delivery to on the warehouse receipts or accompany­ livery for the county in which the oats CCC, except for quality deterioration ing documents at the applicable support were produced. If a predelivery inspec­ under the following circumstances: If a rate for the county in which the oats tion of the producer’s oats can be made, producer has properly requested delivery were produced. the settlement will be the same as for instructions for oats which were deter­ (3) Purchase agreements—(i) Deliv­oats delivered under a purchase agree­ mined to be of an eligible grade and qual­ ery from farm storage. Settlement for ment from farm storage as provided in ity at the time of the predelivery inspec­ oats delivered to CCC from farm storage subdivision (i) of this subparagraph. tion, and CCC cannot accept delivery meeting the eligibility requirements of (iv) Oats ineligible for delivery inad­ within the 60-day period following the § 421.3278 (c) (1) and (2) as determined vertently accepted by CCC. The settle­ loan maturity date, the producer may by a reinspection at the time of delivery, ment provisions hereof shall apply to the notify the county office at any time after shall be made at the applicable support following categories of oats ineligible for such 60-day period that the oats are rate for the location where produced and delivery ’which are inadvertently ac­ going out of condition or are in danger for the grade and quality of the quantity cepted by CCC and which CCC deter­ of going out of condition. Such notice eligible for delivery on the basis of such mines that it is not in a position to reject: must be confirmed in writing. If the inspection. If oats which were deter­ (a) Oats which were of an ineligible county office determines that the oats are mined to be eligible at the time of the grade or quality both at the time of the going out of condition or are in danger of predelivery inspection are, upon delivery, predelivery inspection and at the time of going out of condition and that the oats of a grade or quality for which no support delivery as redetermined by a reinspec­ cannot be satisfactorily conditioned by rate has been established, the settle­ tion; (b) oats of an ineligible grade or the producer, and delivery cannot be ment value shall be computed at the sup-' quality which are delivered to CCC in accepted within a reasonable length of port rate established for the grade and excess of the maximum quantity stated time, the county office shall obtain an quality of the eligible oats as determined in the purchase agreement; and (c) inspection and grade and quality deter­ at the time of the predelivery inspection, oats in other than approved warehouse mination. When delivery is completed, less the difference, if any, at the time of storage on which a predelivery inspec­ settlement shall be made on the basis of delivery between the market price for tion was not performed and which, at such grade and quality determination the grade and quality of the oats deter­ the time of delivery, do not meet the or on the basis of the grade and quality mined by the predelivery inspection and eligibility requirements of § 421.3278 (c) determination -made at the time of de­ the market price of the oats delivered, (1) and (2). The settlement value shall livery, whichever is higher, and on the as determined by CCC: Provided, how­ be the market price for the grade, quality basis of the quantity actually delivered. ever, That if such oats are sold by CCC and quantity of such ineligible oats de­ § 421.3286 Settlement — (a) Settle­ in order to determine the market price, livered as determined by CCC: Provided, ment value—(1) Farm-storage loans. the settlement value shall not be less however, That if such oats are sold by In the case of eligible oats delivered to than such sales price: And provided, fur­ CCC in order to determine their market CCC from farm storage under the loan ther, That if, upon delivery, the oats con­ price, the settlement value shall not be program, settlement shall be made at tain mercurial compounds or other sub­ less than the sales price: And provided the applicable support rate for the stances poisonous to man or animals, further, That if upon delivery, the oats county in which the oats were produced. such oats shall be sold for seed (in ac­ contain mercurial compounds or other The support rate shall be for the grade cordance with applicable State seed law§ substances poisonous to man or animals, and quality of the total quantity of oats and regulations), fuel or industrial uses the oats shall be sold for seed (in accord­ eligible for delivery. If, upon delivery, where the end product will not be con­ ance with applicable State seed laws and the oats under farm storage are of a sumed by man or animals, and the set­ regulations), fuel or industrial uses where grade or quality for which no support tlement value shall be the same as the the end product will not be consumed by rate has been established,, the settlement sales price, except that if CCC is unable man or animals and the settlement value value shall be computed at the basic sup­ to sell such oats for the use specified shall be the same as the sales price: port rate, adjusted for premiums or dis­ above, the settlement value shall be the Provided further, That if CCC is unable counts, if any, applicable to the grade market value, as determined by CCC as to sell such oats for the use specified and quality of the oats placed under of the date of delivery. above, the settlement value shall be the loan, less the difference, if any, at the (ii) Delivery from approved ware­ market value, as determined by CCC as time of delivery, between the market house storage. In the case of eligible of the date of delivery. If oats delivered Price for the grade and quality placed oats stored commingled in an approved are of an eligible grade and quality but under loan and the market price of the warehouse, the producer must, not later in excess of the maximum quantity oats delivered, as determined by CCC: than the day following the loan maturity stated in the purchase agreement and date, or during such period of time there­ such oats are inadvertently accepted by Provided, however, That if such oats are after as may be specified by the county CCC, the settlement value,shall be the ®old by CCC in order to determine their committee, submit to the office of county sales price if the oats are immediately market price, the settlement, value shall committee warehouse receipts under sold. If the oats are not immediately hot be less than such sales price: Pro­ which the warehouseman guarantees sold, the settlement value shall be the vided, further, That if upon delivery, the quality, and quantity for the quantity of applicable support rate or the market oats contain mercurial compounds or oats he elects to sell to CCC. Settlement price as determined by CCC, whichever other substances poisonous to man or for eligible oats delivered under purchase is lower. animals, the oats shall be sold for seed agreement to CCC by submission of (b) Storage -deduction for early de­ dn accordance with applicable State warehouse receipts issued by an ap­ livery. No deduction for storage shall be ®eed laws and regulations), fuel or in­ proved warehouse shall be on the basis made for farm-stored oats under loan dustrial uses where the end product will of the weight, grade and other quality or purchase agreement authorized to be hot be consumed by man or animals, and factors shown on the warehouse receipt delivered to CCC prior to the loan ma­ or accompanying documents at the ap­ turity date except where it is necessary the settlement value shall be the same plicable support rate for the county in to call the loan through fault or negli­ the sales price: Provided, further\ which the oats were produced, i gence on the part of the producer or Juat if CCC is unable to sell such oats (iii) Delivery from unapproved ware­ where the producer requests early de­ or the use specified above, the settle­ house storage. Settlement for oats livery and the county committee ap­ ment value shall be the market value! which are stored commingled, or which proves early delivery and determines No. 100------2 3432 RULES AND REGULATIONS such early delivery is solely for the con­ Commodity Purchase Form 4, to whom Sec. venience of the producer. The deduction payment of the proceeds shall be made. 717.11 County committee’s canvass of bal- , lots and record of results of the for storage shall be made in accordance Issued this 14th day of May 1958." > referendum. with the schedule of deductions for 717.12 State committee’s record of the result warehouse charges in § 421.3284. [ seal! W alter C. B erger, of the referendum. (c) Refund of prepaid handling Executive Vice President, 717.13 Results of referendum. charges. In case a warehouseman Commodity Credit Corporation. 717.14 Applicability of regulations to Puerto charges the producer for the receiving [F. R. Doc. 58-3732; Filed, May 20, 1958; Rico. or the receiving and loading out charges 8:45 a. m.] Authority: §| 717.1 to 717.14 issued under on oats under loan or purchase agree­ sec. 375, 52 Stat. 66, as amended; 7 U. S. C. ment stored in a warehouse under the 1375. Interpret or apply secs. 312, 336, 343, Uniform Grain Storage Agreement, the TITLE 7— AGRICULTURE 354, 358, 377, 52 Stat. 46 , 55, 56, 61, as producer shall, upon delivery of the oats amended; 55 Stat. 88; 70 Stat. 206, as to CCC, be reimbursed or given credit Chapter Vii— Commodity Stabilization amended; secs. 106, 112, 70 Stat. 191, 195; Service (Farm Marketing Quotas 7 U. S. C. 1312, 1336, 1343, 1354, 1358, 1377, by the county office for such prepaid 1824,1836. charges in an amount not to exceed the and Acreage Allotments), Depart­ charges authorized under the Uniform ment of Agriculture § 717.1 Definitions. As used in the Grain Storage Agreement, provided the regulations in this part and in all forms producer furnishes to the county office P art 717—H olding of R eferenda O n and documents in connection therewith, written evidence signed by the ware­ M arketing Quotas unless the context or subject matter houseman that such charges have been SUBPART— REGULATIONS GOVERNING THE otherwise requires, the following terms paid. HOLDING OF REFERENDA ON MARKETING shall have the following meanings: (d) Storage payment where CCC is j ( QUOTAS (a) Act. The Agricultural Adjust­ unable to take delivery of oats stored ment Act of 1938 and any amendments in other than an approved warehouse Basis and purpose. The regulations or supplements thereto. under loan or purchase agreement. The contained in §§ 717.1 to 71T.14, each in­ (b) Deputy Administrator. The Dep­ producer may be required to retain oats clusive, a^e issued'pursuant to the provi­ uty or Acting Deputy Administrator, stored in other than an approved ware­ sions of the Agricultural Adjustment Act Production Adjustment, Commodity house under loan or purchase agreement of 1938, as amended, and the provisions Stabilization Service, United States De­ for a period of 60 days after the ma­ of the Agricultural Act of 1956 and gov­ partment of Agriculture. turity date without any cost to CCC. ern the holding of referenda on mar­ (c) Secretary. The Secretary of Agri­ However, if CCC is unable to take de­ keting quotas; culture of the United States or any livery of such oats within the 60-day The purpose of these revised regula­ officer or employee of the Department to period after maturity, the producer shall tions is (a) to incorporate amendments whom authority has been delegated, or be paid a storage payment upon delivery approved and published since the last to whom authority may hereinafter be of the oats to CCC: Provided, however, general revision was approved on June delegated, to act in his stead. That a storage payment shall be paid 5, 1956, and published in the F ederal (d) State committee. The persons in a producer whose oats are stored in other R egister of June 9,1956 (21 F. R. 3960), a State designated by the Secretary as than an approved warehouse under pur­ , this 19th in the F ederal R egister. subpart. * day of May, 1958. 1. Section 728.811 is amended by add­ (d) In establishing special allotments ing two new paragraphs (r) and (s) to under this section, there shall be de­ [ seal] M arvin L. M cLain, read as follows: termined for each eligible farm an allot­ Acting Secretary. ment indication which shall be (1) the [F. R. Doc. 58-3868; Filed, May 20, 1958: (r) “Durum Wheat (Class II) ” means number of acres of cropland on the farm 8:55 a. m.] the three sub-classes of Durum Wheat suitable for the production of Durum (Class II) specified in the Official Grain Wheat (Class II) on the basis of type of Standards of the United States for soil and topography less the allotment P art 728—W heat wheat (Part 26 of this title) which are: established for the farm under other Sub-class (A) Hard Amber Durym; Sub­ provisions of this subpart (hereinafter SUBPART— WHEAT MARKETING QUOTA REG­ class (B) Amber Durvim; and Sub-class referred to as the “original allotment”) ULATIONS FOR 1958 AND SUBSEQUENT CROP (C) Durum. multiplied by (2) the ratioof the acreage YEARS (s) “Other wheat” means wheat other available for allotment as determined Correction than Durum Wheat (Class II). under paragraph (c) of this section to In F. R. Doc. 58-2859, appearing in the 2. A new § 728.828 is added to read as the total acreage on eligible farms in the issue of Friday, ‘April 18, 1958, at page follows: Tulelake area of cropland suitable for 2549, the following changes should be the production of Durum Wheat (Class made: § 728.828 Increase in acreage allot­ II) less the total of the original allot­ 1. In the second sentence of § 728.862 ments for production of Durum Wheat ments for eligible farms in the area. The (b) (3), the word “farm” should read (Class II). (a) The special acreage al­ allotment indication shall be_adjusted to “form”. lotments established under the provi­ reflect crop-rotation practices by in­ 2. The form number in § 728.862 (b) sions of this section shall be established creasing such indication, where appli­ (4) should be “Form MQ-93”. by the county committees and shall be cable, by the average 1956-57 acreage of 3. The first time the word “produced” reviewed and approved by the State Dunlm Wheat (Class II) produced on the appears in § 728.868 (a), it should read committee or on behalf of the Stal^com- farm, but the adjusted allotment indi­ “producer”. mitteé by the State administrative offi­ cation may not exceed the increase in 4. In the fourth sentence of § 728.893 ce, program specialist, or farmer field- allotment requested for the farm. The (c) , “of 15 acres” should read “or 15 man> and the State committee may special allotment shall be determined acres”. 3438 RULES AND REGULATIONS

Chapter VIII— Commodity Stabiliza­ sugar, raw value, and that the amount of Done at Washington, D. C., this 16th tion Service (Sugar), Department of sugar needed to meet the requirements day of May 1958. of consumers in Puerto Rico for the cal­ Agriculture Tseal] E. L. P eterson, endar year 1958 is 120,000 short tons, Acting Secretary. Subchapter B-—Sugar Requirements and Quotas raw value. [F: R. Doc. 58-3822; Filed, May 20, 1958; [Sugar Reg. 812, Rev.] § 812.21 Local consumption quotas. 8:54a.m .] P art 812—S ugar R equirements and Quo­ There are hereby established, pursuant tas; H awaii and P uerto R ico to section 203 of the act, for local con­ sumption in the Territory of Hawaii and MISCELLANEOUS AMENDMENTS in Puerto Rico, for the calendar year Chapter IX— Agricultural Marketing Basis and purpose. The revised de­ 1958 the following quotas: Service (Marketing Agreements and termination of sugar requirements and % Quotas, in Orders), Department of Agriculture the revised sugar quota for Puerto Rico term s of short tons, P art 931—M ilk in Cedar R apids-Ì owa set forth below have been made and Area : ' raw value established pursuant to section 203 of Hawaii______45,000 Cit y M arketing A rea the Sugar Act of 1948, as amended (61 Puerto Rico______120, 000 Stat. 922, as amended; hereinafter ORDER SUSPENDING CERTAIN PROVISIONS called the “act”) . The act requires that § 812.22 Restrictions on marketing Pursuant to the applicable provisions, the Secretary shall revise the determina­ For the calendar year 1958 all persons of the Agricultural Marketing Agreement tion of sugar requirements at such times are hereby forbidden, pursuant to section Act of 1937, as amended (7 U. S. C. 601 during the calendar year as may be nec­ 209 of the act, from marketing in the et seq.), hereinafter referred to as the essary. It now appears that the require­ Territory of Hawaii or in Puerto Rico, “act”, and of the order, as amended (7 ments tor Puerto Rico for the calendar for consumption therein, any sugar or CFR Part 931), regulating the handling year 1958 will exceed the amount pro­ liquid sugar after the quota for tlie area of inilk in the Cedar Rapids-Iowa City vided for in the determination which for the calendar year 1958 has been marketing area, hereinafter referred to became effective January 1, 1958. The filled. as the “order”, it is hereby found and purpose of this revision is to'make the § 812.23 Deficit in quota. A deficit determined that: determination and the quota related in the quota for Hawaii established in (a) The following provisions of thereto conform to the requirements § 812.21 amounting to 15,000 short tons, § 931.52 do not tend to effectuate the presently indicated on the basis of the raw value, is hereby established. declared policy of the act: “Provided, applicable factors specified in section 203 That for the purpose of calculating the of the act. Furthermore § 812.22, titled § 812.24 Proration of deficit, (a) location differential adjustment appli­ “Deficit in quota,” and § 812.23, titled The deficit in the quota for sugar to be cable pursuant to this section, fluid milk “Proration of deficit,” which were added marketed for consumption in Hawaii products which are transferred between by S. R. 812, Amendment 1 (23 F. R. determined in § 812.23 is hereby prorated pool plants shall be assigned to any re­ as follows: 2909) are herein appropriately renum­ Short tons, mainder of Class HI milk and Class n bered, Area: raw value milk in the transferee plant after making Puerto Rican processors normally, Domestic beet sugar area------— 5, 000 the calculations prescribed in § 931.46 complete their refining operations for Mainland cane sugar area------5, 000 (a) (5) and the comparable steps in the calendar year prior to July 1, There­ C uba______— - 5,000 (b) for such, plant, such assignment tq fore, to provide processors ample op­ transferor plants to be made in sequence portunity to produce sufficient refined (b) The provisions of ’§§ 814.25, 814.34according to the location differential ap­ sugar to meet their needs, including the and 816:5 (c) of this chapter shall not plicable to each plant, beginning with the quota as increased herein, it is necessary apply to quotas for domestic areas plant having the largest differential.” that the revision in the determination established in this section. . (b) Notice of proposed rule making, and quota be made effective as soon as Statement of bases and considerations. public procedure thereon and 30 days possible. Accordingly, it is hereby de­ In the original determination, the quan­ notice of the effective date hereof, are termined and found that compliance tity of sugar needed for local consump­ found to be impracticable, unnecessary with the notice, procedure, and effec­ tion in Puerto Rico was established at and contrary to the public interest in tive date requirements of the Adminis­ 110,000 short tons, raw value. During that: '"i trative Procedure Act is impracticable the five months period ending March 31, (1) The information on which this ac­ and contrary to the public interest, and 1958, the distribution of sugar for local tion is based is the record of a public the revision of the determination made consumption in Puerto Rico was approx­ hearing held at Cedar Rapids, Iowa, herein shall be effective on the date of imately 1,500 tons greater than during April 29-30, 1958, at which evidence was its publication in the F ederal R egister. the corresponding period a year earlier. received on proposed amendments to the By virtue of the authority vested in Furthermore, the supply of sugar in provisions herein suspended ; the Secretary of Agriculture by the Puerto Rico is insufficient to fill both the (2) Time does not permit the detailed Sugar Act ¿of 1948, as amended (61 Stat. mainland and local quotas for Puerto analysis of this record and public pro­ 922, as amended) and the Administra­ Rico. Under these circumstances local cedure incident to an appropriate tive Procedure Act (60 Stat. 237, U. S. C. requirements for Puerto Rico are herein amendment of the order; 1001), Sugar Regulation 812 (22 F. R. established at 120,000 tons to assure (3) Request for emergency action was 11026, 23 F. R. 2909) determining sugar processors ample opportunity to supply made on the record of hearing by the consumption requirements arid quotas sugar that may be needed for local dis­ proponent handler and concurred in by for the Territory of Hawaii and Puerto tribution during 1958 and for year-end producer organizations representing a Rico for the calendar year 1958, and the inventories. substantial majority of the producers determination and proration of a deficit The consumption requirements for whose milk is regulated and from whom in the quota for Hawaii, is hereby Hawaii remain unchanged as established testimony was received at the hearing; amended. For the sake of clarity and in Sugar Regulation 812, effective Janu­ convenient reference all sections of the ary 1, 1958. However, the §§ 812.22 and (4) It is found necessary to issue and regulation are republished as herein 812.23 of Sugar Regulation 812, Amend­ make effective this suspension order to amended and renumbered as follows: ment 1, made effective May 1, 1958, are reflect current marketing conditions and herein appropriately renumbered and to facilitate, promote and maintain or­ § 812.20 Sugar requirements, Hawaii derly marketing conditions in the mar­ and Puerto Rico, 1958. It is hereby de­ the entire regulation is republished for termined; pursuant to section 203 of the the sake of clarity. keting area; and act, that the amount of sugar needed (Sec. 403, 61 Stat. 932; 7 U. S. C. 1153. Inter­ (5) The effect of this action does not to meet the requirements of consumers pret or apply sees. 201, 203, 209, 210; 61 Stat. require of persons affected substantial in the Territory of Hawaii for the calen­ 923, as amended, 925, 928; 7 U. S. C. 1111, or extensive preparation prior to its ef­ dar year 1958 is 45,000 short tons of 1113,1119, 1120) fective date. Wednesday, May 21, 1958 FEDERAL REGISTER 3439

Therefore, good cause exists for mak­ MINIMUM PRICES (2) The parity prices of milk, as de­ ing this suspension order effective upon Sec. termined pursuant to section 2 of the act, publication in the F ederal R egister. 968.50 Basic formula price to be used In determining Class I prices. are not reasonable in view of the price of It is therefore ordered, That the fol­ 968.51 Class prices. feeds, available supplies of feeds, and lowing provisions of § 931.52 be and 968.52 Handler butterfat differential. other économie conditions which affect hereby are suspended: “Provided, That market supply and demand for milk in for the purpose of calculating the loca­ APPLICATION OF PROVISIONS the said marketing area, and the mini­ tion differential adjustment applicable 968.60 Producer-handlers.' mum prices specified in the order as pursuant to this section, fluid milk 968.61 Handlers subject to other orders. hereby amended, are such prices as will products which are transferred between 968.62 Handler operating an approved reflect the aforesaid factors, insure a pool plants shall be assigned to any re­ plant which is not a pool plant. sufficient quantity of pure and whole­ mainder of Class HI milk'and Class n some milk, and be in the public interest ; milk in the transferee plant after making DETERMINATION OF UNIFORM-PRICE OF PRODUCERS (3) The said order as hereby amended, the calculations prescribed in § 931.46 (a) regulates the handling of milk in the (5) and the comparable steps in (b) for 968.70 Net pool obligations of handlers op­ same manner as, and is applicable only such plant, such assignment to trans­ erating pool plants. to persons in the respective classes of feror plants to be made in sequence ac­ 968.71 Computation of uniform prices for industrial or commercial activity speci­ cording to the location differential ap­ base milk and excess milk. fied in, a marketing agreement upon plicable to each plant, beginning with PAYMENTS which a hearing has been held. the plant having the largest differential.” 968.80 Time and method of payment. (b) Additional findings. It is neces­ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. 968.81 Producer butterfat differential. sary in the public interest to make this 608c) 968.82 Producer-settlement fund. order amending the order effective not Done at Washington, D. C., this 16th 968.83 Payments to the producer-settle­ later than June 1, 1958. Any delay day of May 1958, to be effective upon pub­ m ent fund. beyond that date in the effective date of 968.84 Payments out of the producer- this order amending the order will im­ lication in the F ederal R egister. settlement fund. pair the proper operation of the order [ seal] D on P aarlberg, 968.85 Adjustment of errors in payments. and, will threaten the orderly marketing Assistant Secretary. 968.86 Marketing services. 968.87 Expense of administration. of milk in the Wichita, Kansas, market­ [F. R. Doc. 58-3781; Piled, May 20, 1958; 968.88 Termination of obligation. ing area. The provisions of the said 8:45 a. m.] order are well known to handlers, the BASE RATING recommended decision having been is­ 968.90 Determination of daily base. sued by the Deputy Administrator, Agri­ 968.91 Base rules. , cultural Marketing Service, on March [Docket No. AO-173-A9] 19, 1958 (23 F. R. 1932), and the final EFFECTIVE TIME, SUSPENSION OR TERMINATION P art 968—M il k in W ichita, K ans., decision having been issued by the As­ M arketing A rea 968.100 Effective time. sistant Secretary of Agriculture on April 968.101 Suspension or termination. 25,1958. Therefore, reasonable time has ORDER AMENDING ORDER REGULATING 968.102 Continuing power and duty of the been afforded persons affected to prepare HANDLING market administrator. for its effective date. In view of the Sec. 968.103 Liquidation after suspension or ter­ foregoing, it is hereby found and deter­ 968.0 Findings and determinations. mination. mined that good cause exists for mak­ . DEFINITIONS ing this order amending the order effec­ 968.1 Act. AGENTS. 968.110 Agents. tive June 1, 1958, and that it would be 968.2 Secretary. contrary to the public interest to delay 968.3 Wichita, Kansas, marketing area. A u t h o r i t y : §§968.1 to 968.110 issued the effective date of this amendment for 968.4 Person. under sec. 5, 49 Stat. 753, as amended; 7 968.5 Approved dairy farmer. U. S. C. 608c. 30 days after its publication in the F ed­ 968.6 Producer. ' eral R egister. (See section 4 (c), Ad­ 968.7 Approved plant. § 968.0 Findings and determinations. ministrative Procedure Act, 5 U. S. C. 968.8 Pool plant. The findings and determinations herein­ 1001 et seq.). 968.9 Handler. after set forth are supplementary and in 968.10 Cooperative association. (c) Determinations. It is hereby de­ 968.11 Producer-handler. addition to the findings and determina­ termined that handlers (excluding co­ 968.12 Market administrator. tions previously made in connection with operative associations of producers who 968.13 Producer milk. the issuance of the aforesaid order and are not engaged in processing, distribut­ 968.14 Other source milk. of the previously issued amendments ing, or shipping milk covered by this 968.15 Route. thereto; and all of said previous findings order amending the order) of more than 968.16 Rase milk. and determinations are hereby ratified 50 percent of the milk covered by this 968.17 Excess milk. and affirmed, except insofar as such find­ order amending the order which is mar­ MARKET ADMINISTRATOR ings and determinations may be in con­ keted within the Wichita, Kansas, mar­ 968.20 Designation. flict with the findings and determinations keting area refused or failed to sign the 968.21 Powers. set forth herein. proposed marketing agreement regulat­ 968.22 Duties. (a) Findings upon the basis of theing the handling of milk in the said mar­ hearing record. Pursuant to the provi­ keting area and it is hereby further REPORTS, RECORDS AND FACILITIES sions of the Agricultural Marketing determined that: 968.30 Periodic reports. Agreement Act of 1937, as amended (7 (1) The refusal or failure of such 968.31 PayroU reports. U. S. C. 601 et seq.), and the applicable 968.32 Reports of producer-handlers! handlers to sign said proposed marketing 968.33 Records and facilities. rules of practice and procedure govern­ agreement tends to prevent the effectua­ 968.34 Retention of records. ing the formulation of marketing agree­ tion of the declared policy of the act; ments and marketing orders (7 CFR Part (2) The issuance of this order amend­ CLASSIFICATION 900), a public hearing was held upon cer­ ing the order is the only practical means 968.40 Skim milk and butterfat to be tain proposed amendments to the tenta­ pursuant to the declared policy of the classified. tive marketing agreement and to the act of advancing the interests of pro­ 968.41 Classes of utilization. T order regulating the handling of milk in ducers of milk which is produced for 968.42 Shrinkage. the Wichita, Kansas, marketing area. sale in the marketing area; and 968.43 Responsibility of handlers and re­ Upon the basis of the evidence intro­ (3) The issuance of this order, classification of milk. duced at such hearing and the record amending the order, is approved or 968.44 Transfer. thereof, it is found that: favored by at least two-thirds of the 968.45 Computation of the skim milk and (1) The said order as hereby amended,producers who, during the determined butterfat in each class. and all of the terms and conditions representative period (February 1958), 968.46 Allocation of skim milk and butter­ thereof, will tend to effectuate the de­ were engaged in the production of milk fat classified. clared policy of the act; for sale in the^said marketing area. No. 100------3 3440 RULES AND REGULATIONS Issued at Washington, D. C., this 15th within the marketing area Class I milk § 968.10 Cooperative association. day of May 1958, to be effective June 1, products accepted as meeting the re­ "Cooperative association” means any co­ 1958. quirements of Type U, No. 1 or Type HE, operative association of producers which No. 1. the Secretary determines: [ seal] D ow P aarlberg, Assistant Secretary, § 968.8 Pool p la n t. "Pool plant” (à) To be qualified under the provi­ means any approved plant other than sions of the act of Congress of February Order relative to handling. It is there­ that of a producer-handler. 18, 1922, as amended, known as the fore ordered, that on and after the effec­ (a) During any of the months of "Capper Volstead Act”; and tive date hereof, the handling of milk March, April, May, or June within which (b) To have and to be exercising full in the Wichita, Kansas, marketing area such plant disposes of as Class I milk authority in the sale of milk of its mem­ shall be in conformity to and in compli­ an amount equal to 40 percent or more bers. ance with the terms and conditions of Of such plant’s total receipts of milk § 968.11 Producer-handler. "Produc­ the aforesaid order, as hereby amended, from approved dairy farmers and dis­ er-handler” means any approved dairy and the aforesaid order is hereby amend­ poses of as Class I milk on routes in the farmer who operates an approved plant, ed, as follows: marketing area an amount equal to l(i but who receives no milk from other ap­ DEFINITIONS percent or more of such plant’s total proved dairy farmers. receipts from approved dairy farmers ; § 968.1 Act. "Act” means Public Act (b) During any of the other months § 968.12 Market a dm inistr at or. No. 10, 73d Congress, as amended and as within which such plant disposes of as “Market administrator” means the per­ re-enacted and ajnehded by the Agricul­ Class I milk an amount equal to 50 per­ son designated pursuant to § 968.20 as tural Marketing Agreement Act of 1937, cent or more of such plant’s total re­ the agency for the administration of this as amended. „ • ceipts of milk from approved dairy farm­ part. § 968.2 Secretary. "Secretary” means ers and disposes of as. Class I milk on § 968.13 Producer milk. “Producer the Secretary of Agriculture or any routes in the marketing area an amount milk” means all skim milk and butterfat officer or employee of the United States equal to 15 percent or mòre of such produced by a producer, which is re­ who is authorized to exercise the powers plant’s total receipts from approved ceived at a pool plant either directly and to perform the duties of the Secre­ dairy farmers; and from such producer or from other tary of Agriculture. (c) For the purpose of this definition handlers. the following shall apply: § 968.3 Wichita, Kansas, marketing (1) Milk diverted from an approved § 968.14 Other source milk. "Other area. “Wichita, Kansas, marketing plant for the account of the handler op­ source milk” means all skim milk and •area” means all the territory within the erating such approved plant shall be butterfat other than that contained in corporate limits of the City of Wichita, producer milk. Kansas, and the territory within Delano, considered a receipt at the approved plant from which it was diverted ; 5 968.15 Route. “Routé” means any KeChi, Minneha, Riverside, Waco, Gyp­ (2) Milk for which a cooperative as­ sum, Park, Payne and Wichita Town­ delivery (including delivery by a vendor sociation which does not operate a plant or a sale from a plant or a plant store) ships, and the City of Eastborough, all in is defined as the handler pursuant to Sedgwick County, Kansas. of milk or any milk product classified as § 968.9 (b) shall be deemed to have been Class I milk pursuant to § 968.41 (a), § 968.4 Person. "Person” means any received by such cooperative association other than a delivery to any milk process­ individual, partnership, corporation, as­ at a pqol plant; and ing plant. sociation, or any other business unit. (3) Milk transferred as Class I milk from an approved plant to another ap­ § 968.16 Base milk. “Base milk” § 968.5 Approved dairy farmer. "Ap­ proved plant sh^ll be credited as a Class means producer milk received by han­ proved dairy farmer” means any person I dispositions follows: dlers from a producer which is not in who holds a currently valid permit or (i) Except as provided in subdivision excess of such producer’s daily base de­ license issued by the Health Department (ii) of this subparagraph, milk so trans­ termined pursuant to § 968.90 multi­ of the City of Wichita or of Sedgwick ferred will be credited as a Class I dispo­ plied by the number of days during the County for the production of milk to be sition of the transferring plant only to month for which milk was received from disposed of as Grade “A” milk, or pro­ the extent that classification as Class I such producer: Provided, That during duces milk acceptable to agencies of the milk is required pursuant to § 968.44 the months of June and July of 1958 and United States Government for fluid con­ (a) (2); 1959 all producer milk received by han­ sumption in its institutions or bases as (ii) In any case in which the entire dlers from a producer shall be considered Type II, No. 1, or Type III, No. 1 which quantity of Class I milk disposed of in as base milk : And provided further, That is received at a plant supplying Class I packages of a particular size and form with respect to any producer "on every- milk to such an institution or base in the other-day” delivery to a pool plant the marketing area. is received in such packages from another approved plant all such Class I disposi­ days of nondelivery shall be considered § 968.6 Producer. “Producer” means tion shall be credited to the plant from as days of delivery for the purposes of any approved dairy farmer, other than which such packages were received and this section and of § 968.90. a producer-handler, whose milk is re­ shall be deducted from the appropriate § 968.17 Excess milk. "Excess milk” ceived at a pool plant or is diverted from Class I disposition of the receiving plant. means producer milk received by h an ­ a pool plant by the handler who oper­ dlers from a producer which is in excess ates such pool plant, or by a cooperative § 968.9 Handler. "Handler” means: (a) Any person in his capacity as the of base milk received from such producer association, to a plant which is not a pool during the month. plant for the account of such handler operator of an approved plant; and or cooperative association. “Producer” (b) Any cooperative association with" MARKET ADMINISTRATOR does not mean any approved dairy respect to : § 968.20 Designation. The agency farmer with respect to milk received by (1) The milk of any producer which for the administration of this part shall a handler who Is partially exempted such cooperative association causes to be be a market administrator who shall be from the provisions of this part pursuant diverted to an unapproved plant for the a person selected by the Secretary. Such to § 968.61. account of such cooperative association; person shall be entitled to such compen­ (2) The milk of any producer deliv­ sation as may be determined by, and § 968.7 Approved plant. "Approved ered to the approved plant of another plant” means any plant (a) approved by shall be subject to removal at, the dis­ handler during the same month in which cretion of the Secretary. the health authorities of the City of such cooperative association is the han­ Wichita, Kansas, or of Sedgwick County, dler pursuant to subpagaraph (1) of this § 968.21 Powers. The market ad­ Kansas, for the handling of milk to be paragraph with respect to any milk of ministrator shall have the following disposed of for fluid consumption as such producer; and powers with respect to this part: milk in the marketing area at which (3) The milk of any member producer (a) To administer its terms and pro- milk is received from approved dairy delivered for the account of such co­ visions; . farmers, or (b) supplying to any agency operative association to the approved (b) To receive, investigate, and report of the United States Government located plant of another cooperative association. to the Secretary complaints of violations, Wednesday, M ay 21, 1958 FEDERAL REGISTER 3441 (c) To make rules and regulations to (j) Prepare and disseminate such his representative during the usual effectuate its terms and provisions; and statistics and information as he deems hours of business such accounts and (d) To recommend to the Secretary advisable and as do not reveal confiden­ records of his operations and such facili­ amendments thereto. tial information; and ties as are necessary for the market ad­ (k) On or before the 12th day of each ministrator to verify or establish the § 968.22 Duties. The market admin­ month report to each cooperative asso­ correct data with respect to: istrator shall perform all duties necessary ciation, which so requests, the percent­ (a) The receipts of producer milk and to administer the terms and provisions age utilization of milk, received from other source milk and the utilization of of this part, including but not limited to producers in each class by each handler such receipts; the following: who in the previous month received (b) The weights and tests for butter­ (a) Within 45 days following the date milk from members of- such cooperative fat and’other content of a ir milk, skim upon which he enters upon his duties association. milk, cream and milk products handled; execute and deliver to the Secretary a (c) Payments to producers and co­ bond, conditioned upon the faithful per­ REPORTS, RECORDS, AND FACILITIES operative associations; and formance of his duties, in the amount § 968.30 Periodic reports. On or be­ (d) The pounds of skim milk and and with surety thereon satisfactory to fore the 7th day after the end of each butterfat contained in or represented the Secretary; month each handler, except a producer- by all milk, skim milk, cream and each (b) Employ and fix the compensation handler, shall, with respect to milk or milk product on hand at the beginning of such persons as may be necessary to milk products which were received or and at the end of each month. enable him to administer its terms and produced )&y such handler during such provisions; month, report to the market administra­ § 968.34 Retention of records. All (c) Obtain a bond in a reasonable tor in the detail and form prescribed by books and records required under this amount and with reasonable surety the market administrator, as follows: part to be made available to the market thereon covering each employee who (a) The quantities of skim milk and administrator shall be retained by the handles funds entrusted to the market butterfat contained in milk received handler for a period of three years to administrator; from each producer or approved dairy begin at the end of the calendar month (d) Pay out of funds provided by farmer, and the number of days for to which such books-and records pertain: § 968.87 the cost of his bond and of the which milk was received from each Provided, That if, within such three- bonds of his employees, his own com­ producer; year periods, the market administrator pensation, and all other'expenses (ex­ (b) The quantities of skim milk and notified the handler in writing that the cept those incurred under § 968.86) butterfat contained in receipts of milk, retention of such books and records, or necessarily incurred by him in the main­ and milk products from other handlers; specified books and records, is necessary tenance and functioning of his office and (fc) The quantities of skim milk and in connection with a proceeding under in the performance of his duties. butterfat contained in receipts of other section 8c (15) (A) of the act or a court ‘ (e) Keep such books and records as source milk (except Class HI products action specified in such notice, the han­ will clearly reflect the transactions pro­ disposed of in the form in which received dler shall retain such books and records, vided for in this part and surrender the without further processing or packaging or specified books and records, until same to his successor or to such other by the handler); further written notification from the person as the Secretary may designate; (d) The utilization of all skim milk marketf administrator. In either case (f) Submit his books and records to and butterfat the receipt of which is the market administrator shall give examination by the Secretary and fur­ required to be reported pursuant to this further written notification to the han­ nish such information and reports as section; dler promptly, upon the termination of the Secretary may request; (e) The pounds of skim milk and but­ the litigation or when the records are no (g) Verify all reports and payments longer necessary in connection there­ terfat contained in all milk, skim milk, with. by each handler by inspection of such and cream and other Class I products handler’s records and of the records' of on hand at the beginning and at the end CLASSIFICATION any other handler or person upon whose of the month; § 968.40 Skim milk and butterfat to utilization the classification of skim milk (f) Such other information with re­ be classified. All skim milk and butter­ or butterfat for such handler depends; spect to the receipts and use of milk as fat received within the month by a han­ (h) Publicly disclose to handlers and the market administrator may request, dler which is required to be reported producers, unless otherwise directed by including a separate statement of skim pursuant to § 968.30 shall be classified by the Secretary, the name of any person milk and butterfat disposed of as Class the market administrator pursuant to who within 10 days after the date upon I milk on routes within the marketing the provisions contained in § 968.41 to which he is required to perform such area. § 968.46. acts, has not: 1 (1) Made reports pursuant to §§ 968.30 § 968.31 Payroll reports. On or be­ § 968.41 Classes of utilization. Sub­ to 968.32, or fore the 20th day after the end of each ject to conditions set forth in §§ 968.43 (2) Made payments pursuant to month each handler shall submit to the and 968.44, classes of utilization shall be: §§968.80 to 968.86. market administrator his producer pay­ (a) Class I milk shall be all skim roll for such month which shall show milk (including reconstituted skim milk) (i) Publicly announce by posting in for each producer and each approved and butterfat (1) disposed of in the form a conspicuous-place in "his office and by dairy farmer: of milk, skim milk, butterfat, flavored such other means as he deems appro­ (a) His total deliveries of base milk milk, flavored milk drinks, yogurt, cream, priate the prices determined for each and total deliveries of milk in excess of cultured sour cream, any mixture (ex­ month as follows : base milk; cept bulk ice cream mix) of cream and (1) On or before the 5th day of each (b) The average butterfat content of milk or skim milk, (2) used to produce month the minimum price for Class I his milk; and concentrated (including frozen) milk, milk computed pursuant to § 968.51 (a) (c) The net amount of such handler’s flavored milk or flavored milk drinks and the Class I butterfat differential payments to such producer or approved disposed of for fluid consumption neither Pursuant to § 968.52 both for the current dairy farmer with the prices, deductions, sterilized nor in hermetically sealed cans, month; and the minimum prices for and charges involved. and (3) all other skim milk and butterfat Class n and Class III milk computed not specifically accounted for as Class Pursuant to § 968.51 (b) and (c) and the § 968.32 Reports of producer-han­ II or Class III milk. Class n and Class m butterfat differen­ dlers. Each producer-handler shall tials pursuant to § 968.52 (b) and (c), make reports to the market adminis­ (b) Class II milk shall be all skim milk all for the previous month; trator at such time and in such manner (including the skim milk equivalent of _ (2) On or before thé lOth day of each as the market administrator shall re­ concentrated products) and butterfat quire. used to produce cottage cheese. month the uniform price computed pur­ (c) Class HI milk shall be all skim suant to § 968.71 and the butterfat dif- § 968.33 Records and facilities. ttar.h milk and butterfat: (1) Used to produce lerential computed pursuant to §.968.81 handler shall maintain and make avail­ Doth for the previous month; butter, cheese, plain or sweetened con­ able to the market administrator or to densed or evaporated milk, spray or 3442 RULES AND REGULATIONS roller process nonfat dry milk solids, with prior notice to the market admin­ skim milk determined pursuant to powdered whole milk, ice cream, ice istrator, and with each container labeled § 968.41 (c) (6); cream mix, frozen desserts, aerated or tagged with a certificate of the trans­ (2) Subtract from the, remaining cream, eggnog, casein or margarine; (2) feror that such cream is sold as “Grade pounds of skim milk in each class the in cream frozen and stored; (3) used for C cream for manufacturing only”, may pounds of skim milk received from other starter churning, wholesale baking and be classified as Class III milk, subject to pool plants in a form other than milk, candy making; (4) disposed of as live­ such verification of alternative utiliza­ skim milk or cream according to its clas­ stock feed; (5) in skim milk dumped tion as the market administrator may sification pursuant to § 968.41; after prior notification to and opportu­ make. (3) Subtract from the remaining nity for verification by the market ad­ (id) As Class I milk, if transferred or pounds of skim milk, in series beginning ministrator; (6) in shrinkage up to 2 diverted in the form of milk, skim milk with the lowest priced utilization the percent of producer receipts to be pro­ or cream to an unapproved plant distrib­ pounds of skim milk in receipts of other rated pursuant to § 968.42; (7) in shrink­ uting fluid milk, cream or cottage cheese source milk; age of other source milk; and (8)'in in­ and located less than 250 miles from (4) Subtract front!' the remaining ventory at the end of the month as milk, the pool plant from which transferred, pounds of skim milk in series beginning skim milk, cream (except frozen) or any unless the market administrator is per­ with the lowest priced utilization, the product specified in paragraph (a) of mitted to audit f;he records of receipts pounds of skim milk in inventory at the this section. andf utilization at such unapproved plant, beginning of the month in the form of in which case the classification of all milk, skim milk, cream (except frozen) § 968.42 Shrinkage. If producer milk skim milk and butterfat received at such or any product specified in § 968.41 (a) $ and other source milk are both received unapproved plant shall be determined (5) Subtract from the remaining at a pool plant, the shrinkage of skim and the skim milk and butterfat trans­ pounds of skim milk in each class the milk and butterfat at such plant shall ferred from the approved plant shall be skim milk received from other handlers be prorated between the producer milk allocated to the highest use remaining in the form of milk, skim milk or cream and other source milk. For the purpose after subtracting, in series beginning according to its classification as deter­ of prorating shrinkage, skim milk and with Class I milk, receipts of skim milk mined pursuant to § 968.44 (a); butterfat in milk delivered directly from and butterfat at such unapproved plant (6) Add to the remaining pounds of producers’ farms ta another handler direct from dairy farmers who the mar­ skim milk in Class III the pounds of skim shall be included as a receipt of the han­ ket administrator determines constitute milk subtracted pursuant to subpara­ dler to whom such milk and butterfat the regular source of supply for fluid graph (1) of this paragraph; and was delivered, and excluded from re­ usage of such unapproved plant in mar­ (7) If the remaining pounds of skim ceipts of the originating handler. kets supplied by such plant. milk in all classes exceed the pounds of § 968.43 Responsibility of handlers (e) ^ As Class III milk, if transferred orskim milk received from producers, sub­ and reclassification of milk, (a) All diverted in the form of milk, skim milk or tract such excess from the remaining skim milk and butterfat shall be Class I cream to an unapproved plant, located pounds of skim milk in series beginning milk unless the handler who first re­ not more than 250 miles from the ap­ with the lowest priced utilization. Any ceives such" skim milk or butterfat can proved plant, and which does not dis­ amount So subtracted shall be called prove to the market administrator that tribute fluid milk, fluid cream, or cottage “overage.” such skim milk or butterfat should be cheese, except that where such un­ (b) Butterfat shall be allocated in ac­ classified otherwise. approved plant is operated by a person cordance with the same procedure out­ (b) Any skim milk or butterfat shall who is also a handler hr an affiliate of lined for skim milk in paragraph (a) of be reclassified if verification by the a handler, (1) the market administrator this section. market administrator discloses that the shall be permitted to audit the records (c) Determine the weighted average original classification was incorrect. of receipts and utilization at such un­ butterfat content of producer milk in approved plant, and (2) to the extent each class computed pursuant to para­ § 968.44 Transfers. Skim milk and that skim milk or butterfat is disposed graphs (a) and (b) of this section. butterfat transferred or diverted from of from such unapproved plant to any MINIMUM PRICES an approved plant shall be classified: other milk plant in the form of milk, skim (a) At the class mutually indicated in milk or cream, skim milk or butterfat so § 968.50 Basic formula price to be writing to the market administrator by transferred or diverted to such unap­ used in determining Class I prices. The both handlers on or before the 7th day proved plant shall be classified as if basic formula price to be used in deter­ after the end of the month which such moved directly from the approved plant mining the price per hundredweight of transaction occurred, otherwise .as Class to such other milk plant. Class I milk shall be the higher of the I milk, if transferred or diverted in the (f) Skim milk or butterfat trans­ prices computed pursuant to paragraphs form Qf milk, skim milk or cream to the ferred to a nonpool plant from which (a) and (b) of this section. approved plant of another handler, sub­ fluid milk, skim milk or cream is trans­ (a) The average of the basic or field ject in either event to the following con­ ferred to a pool plant shall be subject to prices p er hundredweight reported to ditions: reclassification to the extent of the have been paid or to be paid for milk of (1) The receiving handler has utiliza­ amount so* transferred from such non­ 3.5 percent butterfat content received tion in such class of an equivalent pool plant. from farmers during the month at the amount of skim milk and butterfat, re­ following plants or places for which spectively; and § 968.45 Computation of the skim prices have been reported to the market (2) Such skim milk or butterfat shall milk and butterfat in each class. For -administrator or to the Department be classified so as to allocate to producer each month, the market administrator divided by 3.5 and multiplied by 3.8: shall correct for mathematical and for milk the highest-priced possiblejitiliza- Present Operator and Location tion in the two plants. other obivous errors the report of re­ (b) As Class I milk if transferred in ceipts and utilization submitted by each Borden Company, Mount Pleasant, Mich­ the form of milk, skim milk, or cream handler and shall compute the pounds igan. of skim milk and butterfat in each class Carnation Company, Sparta, Michigan. to a producer-handler. Pet Milk Company, Wayland, Michigan. (c) As Class I milk if transferred or for such handler. Pet Milk Company, Coopersville, Michigan. diverted ifi the form of milk, skim milk or § 968.46 Allocation of skim milk and Borden Company, Orfordville, Wisconsin. cream to an unapproved plant located butterfat classified. After making the Borden Company, New London, Wisconsin. more than 350 miles from the approved Carnation Company, Richland Center, Wis­ computation pursuant to § 968.45 the consin. plant by the shortest highway distance market administrator shall determine Carnation Company, Oconomowoc, Wis­ as determined by the market adminis­ the classification of milk received from consin. - trator, except that (1) cream so trans­ producers as follows: Pet Milk Company, New Glarus, Wisconsin. ferred may be classified as Class III milk Pet Milk Company, Belleville, Wisconsin. if its utilization as Class i n milk is estab­ (a) Skim milk shall be allocated in White House Milk Company, Manitowoc, lished through the operation of another the following manner: Wisconsin. ' _ . Federal order for another milk market­ (1) Subtract from the total pounds of White House Milk Company, West Bena, ing area; or (2) cream so transferred skim milk in Class III the pounds of Wisconsin. Wednesday, M ay 21, 1958 FEDERAL REGISTER 3443 (b) The price per hundredweight com­ United States Department of Agriculture deduct the gross payments made by such puted by adding together the plus values during the month specified below by the handler to approved dairy farmers for pursuant to subparagraphs (1) and (2) applicable factor listed, and rounding to milk received during such month. of this paragraph: the nearest one-tenth cent: (1) From the simple average as com­ (a) Class I milk. Multiply such price DETERMINATION OF UNIFORM PRICE TO puted by the market administrator, of for the preceding month by 0.120; PRODUCERS the daily wholesale selling prices (using (b> Class II milk. Multiply such price § 968.70 Net pool obligations of han­ the midpoint of any price range as one for the current month by 0:120; dlers operating pool plants. The net price) of Grade A (92-score) bulk (c) Class III milk. Multiply such pricepool obligation for milk received during creamery butter per pound at Chicago as for the current month by 0.115. each month by each handler from pro­ reported by the United States Depart­ ducers at pool plants shall be a sum of ment of Agriculture during the month, APPLICATION OF PROVISIONS money computed as follows: subtract 3 cents, add 20 percent thereof § 968.60 Producer-handlers. Sections (a) Multiply the pounds of milk in and multiply by 3.8. 968.40 to 968.46, 968.50 to 968.52, 968.61, each Class computed pursuant to § 968.46 (2) From the simple average, as com­ 968.62, 968.70, 968.71 arid 968.80 to 668.88 (c) by the applicable respective class puted by the market administrator, of shall not apply to a producer-handler. prices (adjusted pursuant to § 968.52) the weighted averages of carlot prices § 968.61 Handlers subject to other and add together the resulting amounts; per pound for nonfat dry milk solids, orders. In the case of any handler who (b) Add an amount computed by mul­ spray, and roller process, respectively, the Secretary determines disposes of a tiplying the pounds of overage deducted for human consumption, f. a. b. manu­ greater portion of his milk as Class I from each class pursuant to § 968.46 (a) facturing plants in the Chicago area, as milk in another marketing area regulated (7) by the applicable respective class published for the period from the 26th by another milk marketing agreement prices; day of the immediately preceding month or order issued pursuant to the act, the (c) A d d a reclassification charge through the 25th day of the current provisions of this part shall not apply equal to the difference between the Class month by the United States Department except as follows: I and Class III prices or the Class II and of Agriculture, deduct 5.5 cents, multiply (a) The handler shall, with respect to Class III prices, respectively, for the cur­ by 8.5, and then multiply by 0.962. his total receipts of skinf milk and rent month for skim milk and butterfat § 968.51 Class voices. Subject to the butterfat, make reports to the market' in inventory which is subtracted from provisions of § 968.52, the minimum administrator at such time and in such Class I or Class II pursuant to § 968.46 prices per hundredweight to be paid by manner as the market administrator (a) (4) and the corresponding step of each handler for milk received at his may require and allow verification of § 968.46 (b) which is not in excess of the plant from producers during the month such reports by the market adminis­ skim milk and butterfat remaining in shall be as follows: trator. C.lass III milk in the v previous month (a) Class I milk.-T h e basic formula (b) If the price which such handler is pursuant to § 968.46 (a) (5) and the price for the preceding month plus $1.65. required to pay under the other Federal corresponding step of § 968.46 (b) ; (b) Class II milk. The price per order to which he is subject, for skim (d) For any other source skim milk or hundredweight shall be the Class III milk and butterfat which would be classi­ butterfat subtracted from Class I milk price for the month, plus 80 cents. fied as Class I or Class 33 milk under pursuant to § 968.46 (a) (3) and the cor­ (c) Class III milk. The price per this part is less than the price provided responding step of § 968.46 (b) add an hundredweight shall be the higher of the by this part, such handler shall pay to amount equal to the difference between prices computed pursuant to subpara­ the market administrator for deposit the value of such skim milk and butter­ graphs (1) and (2) of this paragraph. into the producer-settlement fund with fat at the Class I price and at the Class (1) The average of the prices reported respect to all skim milk and butterfat III price and for any skim milk or but­ to have been paid or to be paid for un­ so disposed of (except to other handlers) terfat so subtracted from Class II, add graded milk of 3.8 percent butterfat con­ within the marketing area, an amount an amount equal to the difference in tent received from farmers during the equal to the difference between the value values of such skim milk and butterfat month at the following plants for- which of such skim milk or butterfat as com­ at the Class II price and the Class III prices have been reported to the market puted pursuant to this part and its value price, unless the handler can prove to administrator or the United States De­ as determined pursuant to the other the satisfaction of the market àdmin- partment a t Agriculture. order to which he is subject. Such pay­ istrator that such other source skim milk and butterfat was used only to the extent Present Operator and Location ments shall be made on or before the 12th day after the end of each delivery that producer milk was not available Arkansas City Cooperative Milk Associa­ period. either directly from producers or at the tion, Arkansas City, Kansas. plant of another handler at the appli­ Bennett Creamery Co., Ottawa, Kansas. § 968.62 Handler operating an ap­ cable class price. Page Milk Company, Coffeyyille, Kansas. proved plant which is not a pool plant. Pet Milk Company, lola, Kansas. Each handler who operates an approved § 968.71 Computation of uniform plant which is not a pool plant during prices for base milk and excess milk. (2) The average price reported by the For each month, the market administra­ United States Department of Agriculture a month, shall in lieu of the payments required pursuant to § 968.80 to § 968.85, tor shall compute the uniform prices per for the current month for milk for hundredweight for base milk and excess manufacturing purposes, f. o. b. plant, pay to the market administrator, for the producer-settlement fund, on or before milk as follows: United States, adjusted to a 3.8 percent (a) Combine into one total the values butterfat basis by direct ratio. the 25th day after the end of such month, the amount resulting from the computed pursuant to § 968.70 for all § 968.52 Handler butterfat differen­ computations of either paragraph (a) handlers who made the reports pre­ tial. if the average butterfat test of or (b) of this section, whichever is less, scribed in § 968.30 and who made the Class I, Class n or Class HE milk as cal­ (a) The product of the quantity of payments pursuant to §§ 968.80 and culated pursuant to § 968.46 is more or milk received by such handler which was 968.83 for the preceding month; less than 3.8 percent, there shall be added (1) disposed of during the month in the (b) Add an amount equal to not less •o, or subtracted from, as the case may marketing area ou, routes as Class I milk than one-half of the unobligated cash be. the price for such class of utilization - by the difference between the Glass I and balance in the producer-settlement lor each one-tenth of one percent that the Class III prices or (2) used to pro­ fund; such average butterfat test is above or duce cottage cheese so disposed of by (c) Subtract if the average butterfat below 3.8 percent, a butterfat differential the difference between the Class II and content of the milk included in these computed by multiplying the simple Class Til prices. computations is greater than 3.8 per­ average, as computed by the market (b) Any plus amount resulting from cent; or add if such average butterfat administrator, of the daily wholesale the following computation: From an content is less than 3.8 percent an selling price per pound (using the mid- amount equal to the net pool obligation amount computed by multiplying the n?^ any Price range as one price) which would be computed pursuant to amount by which the average butterfat h tP ra<*e A (92'*-score) bulk creamery § 968.70 for such handler for such month, content of such milk variés from 3.8 per­ cutter at Chicago as reported by the if such handler operated a pool plant cent by the butterfat differential com- 3444 RULES AND REGULATIONS puted pursuant to § 968.81 and multiply­ the 24th day of each month, in lieu of sum required to be paid producers by ing the resulting figure by the total payments pursuant to paragraphs (a) such handler pursuant to § 968.80. hundredweight of such milk; and (b), respectively, of this section, to § 968.84 Payfnents out of the pro­ (d> Compute the tot&l value on a 3.8, a cooperative association which so re­ ducer-settlement fund, (a) On or before percent butterfat basis of the excess milk quests, for milk which it caused to be the 12th day after the end of each month, included in these computations by as­ delivered to such handler from producers, the market administrator shall pay to signing such milk in series beginning and for which such association is deter­ with the lowest-priced utilization, multi­ mined by the market administrator to be each handler for payment to producers plying the quantity so assigned to each authorized to collect payment, an the amount by which the sum required use classification by the applicable,class amount equal to the sum of the indi-< to be paid producers by such handler pur­ price, and adding together the resulting vidual payments otherwise payable to suant to § 968.80 is greater than the net amounts; such producers. Such payments ‘due on pool obligation of such handler. (e) Divide the total value of excess or before the 11th day after the end of (b) If the balance in the producer- milk obtained in paragraph (d) of this the month shall be accompanied by a settlement fund is insufficient to make all section by the total hundredweight of statement showing for each producer the payments pursuant to this paragraph, such milk and adjust.to the nearest cent. items required to be reported pursuant the market administrator shall reduce The resulting figure shall be the uniform to § 968.31, and payments due on or uniformly such payments and shall com­ price for excess milk of 3.8 percent but­ before the 24th day of the month shall plete such payments as soon as the nec­ terfat content received from producers; be accompanied by a statement of the essary funds are available. (f) Subtract the value of excess milk amount of money for each producer. § 968.85 Adjustment of errors in pay­ obtained in paragraph (d) of this sec­ (d) On or before the 10th day afterments. (a) Whenever verification by tion from the value of all milk obtained the end of each month, to each coopera­ the market administrator of reports or in paragraph (c) of this section and ad­ tive association, with respect to receipts payments of any handler discloses error just by any amount involved in adjusting of milk for which such cooperative asso­ in payments to the producer-settlement the uniform price of excess milk to the ciation is defined as the handler pur­ fund made pursuant to § 968.83, the mar­ nearest cent; suant to § 968.9 (b) (2) or (3), not less ket administrator shall promptly bill (g) Divide the amount obtained in than the value of such,milk as classified such handler for any unpaid amount and paragraph (f) of this section by the total pursuant to § 968.44 (a) at the applicable such handler shall, within 5 days of such hundredweight of base milk included in respective class price(s). billing, make payment to the market ad­ these computations; ministrator of the amount so billed, (h) Subtract not less than 4 cents § 968.81 Producer butterfat differen­ Whenever verification discloses that pay­ nor more than 5 cents from the amount tial. In making payments pursuant to ment is due from the, market admin­ computed pursuant to paragraph (g) of § 968.80 (a) the uniform prices per hun­ istrator to any handler pursuant to this section. The resulting figure shall dredweight shall be adjusted for each § 968.84, the market administrator shall, be the uniform price for base milk of 3.8 one-tenth of one percent that the aver­ within 5 days make payment to such percent butterfat content received from age butterfat content is above or below handler. Whenever verification by the producers. 3.8 percent by a butterfat differential equal to the average of the butterfat market administrator of the payment by PAYMENTS differentials determined pursuant to a handler to any producer discloses pay­ § 968.80 Time and method of pay­ paragraphs (a), (b), and (c) of § 968.52, ment to such producer of an amount ment. Each handler operating a pool weighted by the pounds of butterfat in whidh is less than is required by this part, plant shall make payment as follows; producer milk in each, class, the result the handler shall make up such payment (a) On or before the second working being rounded to the nearest tenth of a to the producer not later than the time day following the 10 th day after the end cent. of making payment to producers next of the month during which the milk was following the disclosure. received, to each producer for whom pay­ § 968.82 Producer-settlement fund. (b) Whenever verification by the ment is not made pursuant to paragraph The market administrator shall establish market administrator of the payment (c) of this section, at not less than the and maintain a separate fund known as by a handler to any producer discloses applicable uniform prices computed pur­ the “producer-settlement fund” into that solely through error in computation suant to § 968.71 (h) and (e) for such which he shall deposit all payments made payment to such producer was in an producers’ deliveries of base milk and by handlers pursuant to §§ 968.83, 968.85, amount more than was' required to be excess milk, respectively, adjusted by the 968.61 and 968.62, and out of which he paid pursuant to § 968.80, no handler butterfat differential computed pursuant shall make all payments to handlers pur­ shall be deemed to be in violation of to § 968.81, and less the amount of the suant to §§ 968.84 and 968.85: Provided, § 968.80 if he reduces his payment to payment made pursuant to paragraph That the market administrator shall off­ such producer next following discovery (b) of this section. If by such date, such set any such payment due to any handler of «uch error by not more than such handler has not received full payment against payments due from such han­ overpayment. pursuant to § 968.84 he may reduce his dler. Immediately after computing the § 968.86 Marketing services, (a) Ex­ total payments uniformly to all pro­ uniform price for each month, the mar­ cept as set forth in paragraph (b) of this ducers by not more than the amount of ket administrator shall compute the section, each handler shall deduct 4 cents the reduction in payment by the market amount by which each handler’s net pool per hundredweight, or -such lesser administrator. He shall, however, com­ obligation is greater or less than the sum amount as the Secretary may prescribe, plete such payments pursuant to this obtained by multiplying the hundred­ from the payments made to each pro­ paragraph not later than the date for weight of milk of producers by the appro­ ducer other than himself pursuant to making such payments next following priate prices required to be paid produc­ § 968.80 (a) with respect to all milk of receipt of the balance from the market ers by handlers pursuant to § 968.80 and such producer received by such handler administrator. adding together the resulting amounts, during the month and shall pay such (b) On or before the 27th day of each and shall enter such amount on each deductions to the market administrator month, to each producer (1) to whom handler’s account as such handler’s pool on or before the 12th day after the end payment is not made pursuant to para­ debit or credit, as the case may be, and of such month. Such moneys shall be graph (c) of this section, and (2) who is render such handler a transcript of his used by the market administrator to still delivering Grade A milk to such han­ account. verify weights, samples and tests of milfe dler, an advance payment with respect to § 968.83 Payments to the producer- received from, and to provide market in­ milk received from him during the first settlement fund. On or before the 11th formation to such producers. The mar­ 15 days of such month computed at not day after the end of each month, each ket administrator may contract with a less thani n o percent of the Class III cooperative association or .cooperative price for 3.8 percent milk for the preced­ handler shall pay to the market admin­ ing month, without deduction for istrator for payment to producers associations for the furnishing of tne hauling. through the producer-settlement fund, whole or any part of such services. (c) On or before the 11th day after the amount by which the net pool obliga­ (b) In the case of producers for whom the end of each month and on or before tion of such handler is greater than the a cooperative association is actually Wednesday, M ay 21, 1958 FEDERAL REGISTER 3445 performing, as determined by the Secre­ obligation shall not begin to run until the ownership of the cattle when such share tary, tjie services set forth in paragraph first day of the calendar month follow­ basis is terminated. (a) of this section, each handler shall ing the month'during which all such (c) A producer, whether landlord or make such deductions from the pay­ books and records pertaining to such tenant, may retain his base when mov­ ments to be made directly to producers obligation are made available to the mar­ ing his entire herd of cows from one pursuant to § 968.80 (a) as are author­ ket administrator or his representatives. farm to another: Provided, That at the ized by such producers, and, on or be­ (c) Notwithstanding the provisions ofbeginning of a tenant and landlord re­ fore the 12th day after the end of each paragraphs (a) and (b) of this section, a lationship the base of each landlord and month, pay over such deductions to the handler’s obligation under this part to tenant may be combined and may be association of which such producers are pay money shall not be terminated with divided when such relationship is members. When requested by the- co­ respect to any transaction involving terminated. operative association a statement shall fraud or willful concealment of a fact, (d) Base may be transferred-only un­ be supplied the cooperative association material to the obligation, on the part der the following conditions: (1) In case showing for each producer for whom of the handler against whom the obli­ of the death of a producer, his base may such deduction is made the amount of gation is sought to be imposed. be transferred to a surviving member or such deduction, the total delivery of members of his family who carry on the milk, andn unless otherwise previously BASE ..RATING dairy operations, and (2) on the retire­ provided, the butterfat test. § 968.90 Determination of daily base. ment of a producer, his base may be (a) The daily average base of each pro­ § 968.87 Expense of administration. transferred to an immediate member of ducer who regularly delivered milk to a his family who carries on the dairy As his pro rata share of the expense of handler for 60 days or more during administration of this part, each handler operations. August through November of the next (e) The base of two producers may be with respect to all milk received from preceding calendar year shall be comput­ approved dairy farmers during the combined in the case of forming a part­ ed by the market administrator by di­ nership, or may be divided in the case month, shall pay to the market admin­ viding the total pounds of milk received of the dissolution of a partnership. istrator, on or before the 12th day after by a handler from such producer during (f) For the purposes of this section the end of such month, an amount not such months by the number of days and § 968.90 only, the term “producer” exceeding 4 cents per hundredweight, within the period during which such shall include any person who has been a which amount shall be determined by producer made regular deliveries of milk producer as defined in § 968.6 but whom the market administrator subject to re­ in such months, or 90, whichever is the City of Wichita or Sedgwick County view by the Secretary. In the case of greater: Provided, That in the case of has suspended temporarily for failure to any handler operating a nonpool plant producers delivering milk to a pool plant produce milk in conformity with the ap­ which isk also subject to the assessment which was not a pool plant during all of plicable health regulations of the City of administrative expense under an­ the preceding months of August through, of Wichita or Sedgwick County, Kansas. other order, the payments due under November a daily average base for each this section shall be reduced by the such producer shall be computed pur­ EFFECTIVE TIME, SUSPENSION OR amount of administrative expense pay­ suant to this paragraph on the basis of TERMINATION ments under the other order. his verifiable deliveries of milk to such § 968.100 Effective time. The provi­ § 968.88 Termination of obligation. plant during the period August through sions of this part, or any amendment to The provisions of this section shall apply November preceding the month in which this part, shall become effective at such to any obligation under this part for the the plant became a pool plant. time as the Secretary may declare and payment of money. ..(b) The daily average base of each shall continue in force until suspended, (a) The obligation of any handler to producer for whom no daily base may or terminated, pursuant to § 968.101. pay money required to be paid under the be established pursuant to paragraph § 968.101 Suspension or termination. terms of this part shall, except as pro­ (a) of this section shall be computed by the market administrator as follows: Any or all of the provisions of this vided in paragraphs (b) and (c) of this part, or any amendment to this part, section, terminate two years after the (1) Multiply such producer’s daily average deliveries of milk during the may be suspended or terminated as to last day of the calendar month during any or all handlers after such reasonable which the market administrator receives current month by the percentage that total deliveries of base milk in the cur­ notice as the Secretary shall give and the handler’s utilization report oh. the shall, in any event, terminate whenever milk involved in such obligation, unless rent month by producers for whom daily bases are computed pursuant to para­ the provisions of the act cease to be in within such two-year period the market effect. administrator notifies the handler in graph (a) of this section are to total de­ writing that such money is due and pay­ liveries of milk in the current month by § 968.102 Continuing power and duty able. Service of such notice shall con­ all producers; and of the market administrator, (a) If, tain but need not be limited to, the fol­ (2) For the months of January upon the suspension or termination of lowing information: through July only, divide the result ob­ any or all provisions of this part there (1) The amount of the obligation; tained in subparagraph (1) of this para­ are any obligations arising under this (2) The month(s) during which the graph by 2. part the final accrual or ascertainment milk, with respect to which the obliga­ § 968.91 Base rules, (a) Any pro­ of which requires further acts by any tion exists, was received or handled; and ducer who ceases to deliver milk to a handler, by the market administrator, (3) If the obligation is payable to one handler for a period of more than 30 or by any other person, the power and or more producers or to an association of consecutive days shall forfeit his base. duty to perform such further acts shall producers, the name of such producer (s) In the event such producer thereafter continue notwithstanding such suspen­ or association of producers, or if the ob­ commences to deliver milk to a handler sion or termination: Provided, That any ligation is payable to the market admin­ he shall be allotted a daily base com­ such acts required to be performed by istrator, the account for which it is to puted in the manner provided in § 968.90 the market administrator shall, if the bo paid. (b) . Secretary so directs, be performed by (b) If a handler fails or refuses, with (b) A landlord who rents on a share such other person, persons, or agency as respect to any obligation under this part, basis shall be entitled to the entire daily the Secretary may designate. to make available to the market admin­ base to the exclusion of the tenant if the (b) The market administrator or istrator or his representative all books such other person as the Secretary may landlord owns the entire herd. A tenant designate, shall (1) continue in such and records required by this part to be who rents on a share basis shall be en­ wade available, the market administra­ capacity until removed, (2) from time tor may, within the two-year period pro­ titled to the entire daily base to the to time account for all receipts and dis­ vided for in paragraph (a) of this exclusion of the landlord, if the tenant bursements and when so directed by the section, notify the handler in writing of owns the entire herd. If the cattle are Secretary deliver all funds on hand, to­ such failure or refusal. If the market jointly owned by the tenant and land­ gether with the books and records of the administrator So notifies a handler, the lord, the daily base shall be divided be­ market administrator, or such person, to said two-year period with respect to such tween the joint owners according to such person as the Secretary shall direct, 3446 RULES AND REGULATIONS and (3) if so directed by the Secretary Under the provisions of section 164 (d) (1) , Since the total amount of all payments of execute assignments or other instru­ 120/365 (January 1-April 30, 1955) of the estimated tax actually paid on or before real property tax is treated as imposed upon March 15, 1956, $3,550 ($1,775X2), does not ments necessary or appropriate to vest C and may be deducted by him for his tax­ equal or exceed the total amount which in such person full title to all funds, able year in which the tax is actually paid. would have been required to be paid on or property, and claims vested in the mar­ Under section 164 (d) (1), 123/365 (May 1- before such date if the estimated tax were ket administrator or such person pur­ August 31, 1955) of the real property tax is 70 percent of the tax determined by placing suant thereto. treated as imposed upon D and, under the on an annual basis the taxable income for provisions of section 164 (d) (2) (A), is either the 9- or 11-month period, the addi­ § 968.103 Liquidation after suspen­ treated as having been paid by him on May tion to the tax with respect to the under­ sion or termination. Upon the suspen­ 1, 1955, and may be deducted by D for his payment of the March 15, 1956, installment sion or termination of any or all taxable year in which the sale from C to him must be imposed. provisions of this part the market ad­ occurs (whether or not such portion is ac­ ministrator, or such person as the tually paid by him in that year), or for his Because this Treasury decision merely •Secretary may designate, shall, if so taxable year in which an amount represent­ makes clerical and clarifying changes in directed by the Secretary, liquidate the ing such tax is paid. Since, according to the regulations issued under sections 164 business of the market administrator’s paragraph (d) (3) of this section, the prior and 6655 of the Internal Revenue Code sale by C to D is disregarded, under the pro­ of 1954, it is found unnecessary to issue office and dispose of all funds and prop­ visions of section 164 (d) (1), 122/365 erty then in his possession or under his (September 1-December 31, 1955) of the real this Treasury decision with jiotice and control, together with claims for any property tax is treated as imposed on E and, public procedure thereon under section funds which are unpaid or owing at the under the provisions of section 164 (d) (2) 4 (a) of the Administrative Procedure time of such suspension or termination. (A), is treated as having been paid by him Act, approved June 11, 1946, or subject Any funds collected pursuant to the on September 1, 1955, and may be deducted to the effective date limitation of section by E for his taxable year in which the sale 4 (c) of that act. provisions of this part, over and above from D to him occurs (whether or not such the amounts necessary to meet out­ portion is actually paid by him in that year), (68A Stat. 917; 26 U. S. C. 7805) standing obligations and the expenses or for his taxable year in which an amount [ seal] O. G ordon D elk, necessarily incurred by the market ad­ representing such tax is paid. ministrator or such person in liquidating Acting Commissioner of such funds shall be distributed to the Par. 2. Paragraph (3) of the example Internal Revenue. contributing handlers and producers in in § 1.6655-2 (c) is amended to read as Approved: May 15, 1958. an equitable manner. follows: (3) X determined that its taxable Income F red C. S cribner, Jr., AGENTS for the first 6 months and the first 8 months Acting Secretary of the Treasury. § 968.110 Agents. The Secretary may of the taxable year ended March 31, 1956, was [P. R. Doc. 58-3805; Piled, May 20, 1958; $180,000 and $200,000, respectively, and that >B:51 a. m.]- by designation, in writing name any offi­ its taxable income for the first 9 months and cer or employee of the United States to the first 11 months was $264,000 and $319,000, act as his agent or representative in respectively. The income for each period is connection with any of the provisions annualized as follows: TITLE 33— NAVIGATION AND of this part. $180,000 X 12-r 6 = $ 3 60,000 NAVIGABLE WATERS [P. R. Doc. 58-3780; Piled, May 20, 1958; $200,000 X 12 -j- 8=$300,000 8:45 a. m.] $264,000 X 12-5-9=$352,000 Chapter I— Coast Guard, Department $319,000X 12-5-11 =$348,000 of the Treasury To determine whether the installment pay­ TITLE 26— INTERNAL REVENUE, m ent made on December 15, 1955, equals or Subchapler J— Procurement exceeds the amount which would have been [CGFR 58—13] 1954 required to be paid if the estimated tax Chapter I— Internal Revenue Service, were equal to 70 percent of the tax com­ P art 116—P rocedures for P urchasing puted on the annualized income for either Department of the Treasury the 6- or 8-month period, the following com­ MISCELLANEOUS AMENDMENTS putation is necessary: IT. D. 6293] Section 116.01-12 is revised for P art 1— I ncome T a x ; T axable Y ears B e­ ' 6 months 8 months clarification. ginning After D ecember 31, 1953 A new section designated § 116.01-19 prescribes supporting documents for de­ miscellaneous amendments (1) Annualized income_____ $360,000.00 $300,000.00 (2) Tax on item (1) reduced by terminations made in connection with In order to clarify the application of $100,000______81,700.00 60,500.00 the Buyt American Act. certain provisions of example (2) of (3) 70 percent of item (2)____ 67,190.00 35,350.00 (4) 6 percent of itein (3)____ 2,869.60 1,767.60 An amendment to §116.0^-2 (c) (4) § 1.164-6 , to promulgate States when such supplies are manufac­ Rear Admiral, U. S. Coast Guard, regulations in accordance with the stat­ tured “substantially all” from supplies Acting Commandant. utes cited with the regulations below, the mined, produced, or manufactured in the following amendments are prescribed United States. Supplies shall be consid­ [P. R. Doc. 58-3804; FUed, May 20, 1958; and shall become effective upon the date ered to be manufactured “substantially 8:51 a. m.] of publication of this document in the all” from United States supplies when­ F ederal R egister except the new require­ ever the cost of foreign supplies used in ments designated 46 CFR 10.05-46 which such manufacture constitutes 50 percent TITLE 46— SHIPPING shall become effective on and after Jan­ or less of the cost of all supplies used in Chapter I— Coast Guard, Department uary 1,1959: such manufacture. In this connection, of the Treasury 1. Section 10.02-9 (b) is amended to suppliers shall accompany their bids or read as follows: quotations contemplating the furnishing Subchapter B— Merchant Marine Officers and § 10.02-9 * Requirements for renewal of or use of foreign supplies (not excepted Seamen license. * * * pursuant to §§ 116.01-16, 116.01-17, and [CGPR 58-18] 116.01-18) with a certificate substantially (b) Application for renewal. The ap­ as follows: P art 10—Licensing of O fficers and M o­ plicant for renewal shall appear in per­ torboat O perators and R egistration son before an Officer in Charge, Marine Not to exceed ______percent in cost of the of S taff O fficers Inspection, except where the applicant materials, used directly in the manufacture would be put to great inconvenience or of the supplies offered, is of foreign origin. P art 70—G eneral P rovisions expense to appear in person or is engaged Any supplies of an unknown origin used P art 183—E lectrical I nstallation in a service that necessitates his continu­ in such manufacture shall be considered ous absence from the United States. In to be foreign supplies. When applicable, MISCELLANEOUS AMENDMENTS such case the license may be renewed by contracting officers shall make deter­ Notices regarding proposed changes in forwarding the following documents to minations as to domestic or foreign the navigation and vessel inspection the Officer in Charge, Marine Inspection, origin and insert such determinations in regulations were published in the F ed­ of the office which issued the license to the contract file. eral R egister dated February 12, 1958 be renewed: (c) Secondary materials. The pro­ (23 F. R. 905-910), and March 1, 1958 (1) A letter of transmittal indicating hibitions of the Buy-American Act do (23 F. R. 1268-1270). Pursuant to these reasons for not appearing in person and not apply to supplies manufactured in notices a public hearing was held on stating to the best of his knowledge no the United States substantially all from March 18,1958, by the Merchant Marine physical incapacity exists, together with scrap generated, collected, and prepared Council at Washington, D. C. a properly executed application on Coast for processing in the United States. This document is the third of a series Guard Form CG-3479; (d) Geographical application. The covering the regulations and actions con­ (2) The oath of office on the form Buy-American Act applies only to (1) sidered at this public hearing and annual prescribed by the Coast Guard which has supplies for public use within the United session of the Merchant Marine Council been duly executed before a person au­ States and (2) construction work on and contains the final actions taken with thorized to administer oaths; public buildings or public works within respect to Item IV of the Agenda. The (3) The license to be renewed; the. United States. As used in the Buy- first document, identified as CGFR 58-8 (4) Certification by a United States American Act, the term “United States” (23 F. R. 2604), contained miscellaneous Public Health Service Medical Officer or includes the United States,' its Territo­ amendments to inspection requirements othqr reputable physician that color ries and jpossessions. to implement the act of May 10, 1956, as sense is normal in the cases of master’s, amended (46 U. S. C. 390-390g), which mate’s, or pilot’s renewal; and, 2. Part 116 is amended by adding awere based on Item i n of the Agenda. (5) An applicant for renewal of a new § 116.01-19 reading as follows: The second document, identified as master’s, mate’s, or pilot’s license shall § 116.01-19 Supporting documents. CGFR 58-17, contains the requirements present documentary evidence of service Contracting officers will make written governing private aids to navigation on on the waters for which licensed obtained determinations for the contract file to the outer Continental Shelf and waters within the three years next preceding the cover procurements made in accordance under the jurisdiction of the United date of application, or shall present evi­ with §§ 116.01-16, 116.01-17 and 116.01- States, which were based on Item I of dence of employment in a position closely 18. A copy of each procurement docu­ the Agenda. related to the operation of vessels within ment issued under the authority of these All the comments, views, and data sub­ the same three-year period. determinations shall be forwarded to mitted in connection with the items con­ 2. Subpart 10.05 is amended by In­ Commandant (PS) for use in mak­ sidered by the Merchant Marine Council serting a new § 10.05-46 immediately ing the annual report required by at this public hearing are very mucb after § 10.05-45, which reads as follows: § 116.01-13. appreciated. The effective date of the new requirements respecting “radar ob­ § 10.05-46 Radar observer, (a) Every 3. Section 116.02-2 (c) (4) Section 3 servers” will be January 1,1959, and after applicant for an original license, raise (o), Buy-American Act, is amended by that date every applicant for an original of grade, or increase in scope of license adding the following sentence thereto: deck officer’s license, raise of grade, or for service on ocean, coastwise, or Great ‘The findings which support such a de­ increase in scope of license for service on Lakes vessels of 300 gross tons and over termination under section 3 (b) of that ocean, coastwise, or Great Lakes vessels shall be required to demonstrate, by pro­ act shall be published in the F ederal of 300 gross tons or over shall be required fessional examination, his qualifications Register.” to demonstrate, by professional examina­ as a “radar observer.” 4. Section 116.02-60 is revised to read tion, his qualifications as a “radar ob­ (b) Applicants for licenses specified in as follows: server.” No changes were made in the paragraph (a) of this section shall be examined on the following aspects of the § 116.02-60 Forms of award. When proposals in Item IV—Renewal of Mer­ chant Mariner’s Licenses and Require­ proper operation and utilization of ma­ an award is made to a bidder, it will be ments for Radar Observers (46 CFR rine radar equipment: embodied on Construction Contract 10.02-9, 10.05-46). The regulations and (1) Fundamentals of radar: (SF-23); Invitation, Bid and Award amendments in this Item are adopted (i) How radar works. (SP-33) ; Lease (SF-2); Architect-Engi­ without change and are set forth in this (ii) Factors affecting the performance neer Professional Services Contract; or document. and accuracy of marine radar. ffcy other contract form authorized By virtue of the authority vested in me (iii) Description of the purpose and herein. as Commandant, United States Coast functions of the main components that No. ioo------4 3448 RULES AND REGULATIONS comprise a typical marine radar instal­ of own vessel to prevent collision on the Stat. 1147, as amended, secs. 7, 17, 54 Stat. basis of radar observation of another 165, as amended, 166, as amended, sec. 3, 54 lation. Stat. 347, as amended, sec. 2, 68 Stat. 484, (2) Operation and use of radar: vessel or vessels. sec. 3, 68 Stat. 675; sec. 3, 70 Stat. 152, sec. 46 (i) The purpose and adjustment of (4) Plotting (any method that isU. S. C. 391a, 404, 405, 224, 224a, 226, 228, controls. - graphically correct may be used): 229, 214, 231, 233, 225, 237, 367, 247, 526f, (ii) The detection of malfunctioning, (i) The principles and methods of 526p, 1333, 239b, 46 U. S. C., 50 U..S. C. 198, false and indirect echoes and other radar plotting relative and true motion. 390b) phenomena. (ii) Practical plotting problems. (iii) The effect of sea return and (c) An applicant for license who fails 3. The Coast Guard Document CGFR 58-fc published in the F ederal R egister weather. in “radar,” but passes in every other (iv) The limitations of radar result­ subject will be considered as having dated April 19, 1958 (23 F. R. 2604-2610; ing from design factors. failed the examination and shall be so F. R. Doc. 58-2929), is corrected by (v) Precautions to be observed in per­ reported; but he may at any time within changing the number of the new section forming simple maintenance of radar 6 months following the first attempt be added from “§ 70.10-41” to “§ 70.10-42” equipment. re-examined in “radar” only, and if he in paragraph 7 under Part 70 (23 F. R. (vi) Range and bearing measurement. then passes, he will be granted a license. 2606). (vii) Effect of size, shape, and compo­ (d) A certificate of successful com­ 4. The Coast Guard Document CGFR sition of ship targets on echo. pletion of a course of instruction of a 58-14 published in the F ederal R egister (3) Interpretation, and analysis of Maritime Administration or other Gov­ dated April 26, 1958 (23 F. R. 2799-2802; radar information: ernment operated school, approved by F. R. Doc. 58-3105) is corrected by (i) Determining the course and speed the Commandant, is acceptable evidence changing a reference from “requirements of another vessel. of the holder’s qualification as “radar «of this subpart” to “requirements of this (ii) Determining the time and dis­ observer” without the examination speci­ party in the second sentence of § 183.01-5 tance of closest point of approach of a (a) under Part 183 (23 F. R. 2801). crossing, meeting, overtaking or over­ fied in paragraph (b) of this section. taken vessel. (R. S. 4405, as amended, 4462, as amended, Dated: May 14, 1958. (iii) Detecting changes of course 46 U. S. C. 375, 416. Interpret or apply R. S. [seal] J. A. H irshfield, and/or speed of another vessel after its 4417a, as amended, 4426, as amended, 4427, Rear Admiral, U. S. Coast Guard, initial course and speed have been es­ as amended, 4438-4442, as amended, 4445, Acting Commandant. tablished. as amended, 4447, as amended, sec. 2, 29 Stat. (iv) Factors to consider when de­ 188, as amended, sec. 1, 34 Stat. 1411, secs. 1, [F. R. Doc. 58-3803; Filed, May 20, 1958; termining change in course and/or speed 2, 49 Stat. 1544, 1545, as amended, sec. 7, 53 8i50 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE The material issues on the record of ent approved plant definition that a plant the hearing relate to: could easily become fully regulated dur­ Agricultural Marketing Service 1. The definition of approved plant. ing any month of the year by making 2^ The cooperative association as the token sales in the market area. The [ 7 CFR Part 919 3 handler on bulk tank milk of its incentive to participate on this basis members. is greatest during the pay-back period [Docket No. A0-249-A3 ] 3. The Class I price. of the fall incentive plan. During this M ilk in S o uth w est K ansas M arketing 4. The application of location differ­ period, the Class I differential to the A rea entials to handlers and producers. handler is the same as in all other 5. The use of equivalent prices. months, but payments to producers are DECISION WITH RESPECT ' TO PROPOSED Findings and conclusions. The fol­ enhanced by the pay-back fund accrued AMENDMENTS TO TENTATIVE MARKETING lowing findings and conclusions on the during the preceding flush months. The AGREEMENT AND TO ORDER material issues are based on evidence recommended changes in the approved Pursuant to the provisions of the Agri­ presented at the hearing and the record plant definition would reduce the possi­ cultural - Marketing Agreement Act of thereof : bility of pool participation by such plants 1937, as amended (7 U. S. C. 601 et seq.), 1. The definition of approved plant.but would not eliminate it entirely. A and the applicable rules of practices and The approved plant definition should plant should show a substantial degree procedure governing the formulation of provide for two different types of plants of identification with the market before marketing agreements and marketing which could serve the marketing area. it should become an approved plant and orders (7 CFR Part 900), a public hear­ One is a distributing plant which could not be fully regulated through an acci­ ing was held at Dodge City, Kansas, on qualify as an approved plant if it sold dental or an opportunity sale of Class November 15, 1957, pursuant to notice 5 percent or more of its total receipts of I milk in the marketing area. thereof issued on November 5, 1957 (22 milk from producers as Class I on routes It is concluded that the quantity lim­ F .R. 8986). in the marketing area or if it sold on a itation should be the determining factor Upon the basis of the evidence intro­ daily average 300 bounds or more of Class as to whether a plant is sufficiently iden­ duced at the hearing and the record I milk on routes in the marketing area, tified with a market to be fully subject thereof, the Deputy Administrator, Agri­ whichever is less. The other type of an to the pricing, payment and pooling pro­ cultural Marketing Service, on April 1, approved plant is a supply plant operated visions of the order. The limit of 5 per­ 1958 (23 F. R. 2221) filed with the Hear­ by a cooperative association which could cent or 300 pounds whichever is less is ing Clerk, United States Department of qualify as an approved plant if 50 per­ designed to represent a wholesale route Agriculture, his recommended decision cent or more of the total milk from pro­ which has more than onejjr two accounts containing notice of the opportunity to ducer members of such association is in the marketing area. Such a compara­ file written exceptions thereto. either delivered directly from the farms tively small volume of milk would not Preliminary statement. The hearing to the plants of other handlers or is constitute a significant factor in the on the record of which the proposed transferred by the association from its market and it is therefore not necessary amendments, as hereinafter set forth, receiving station to the approved plant that such a handler be subject to all the to the tentative marketing agreement of other handlers. % provisions of the order. In order that and to the order, were formulated, was Under the present order, any plant the status of such plant may be deter­ conducted at Dodge City, Kansas on from which Class I milk is disposed of mined, the operator should be required November 15, 1957, pursuant to notice on routes in the marketing area, regard­ to furnish such reports as the market thereof which was issued November 5, less of the amount, is subject to full regu­ administrator may deem necessary and 1957 (22 F. R. 8986). lation. I t is very likely under the pres­ should be required to submit his records Wednesday, M ay 21, 1958 FEDERAL REGISTER 3449 for verification of such reports. It is up to one and one-half percent shrink^ ported to him by the association. In further concluded that plants selling less age on that milk received in bulk from some instances, particularly in the case than 5 percent of their total receipts or an approved receiving station or other of supplemental loads, the handler may 300 pounds per day should not be sub­ handler. not even know the identity of the pro­ ject to an administrative assessment on However, during the months of April, ducers whose milk he receives. their sales of Class I milk in the market­ May, and June the present order pro­ Under these circumstances, it is pref­ ing area because of the small volume of vides for à 5 percent shrinkage allow­ erable to make the cooperative associa­ milk. ance on skim milk in recognition of the tion responsible for the payment to a The Southwest Milk Producers Asso­ problem of disposing of skim milk during producer for- a given quantity of milk ciation, a cooperative bargaining asso­ the flush season. An approved plant at a particular test since the handler has ciation, operates a Grade A receiving should be allowed shrinkage up to 4.5 no direct means of verifying such station at Dodge City, Kansas. Under percent on skim milk received from an­ weights and test. Rather, any coopera­ the present order, this plant is defined other approved plant. The approved tive association which qualifies as such as an unapproved plant. A substantial plant which separates the producer milk under the order should be made the portion of the milk of its members is and dumps the skim milk associated with handler for such milk and should be delivered to approved plants of other the producer mille will be allowed the full required to account to the pool for it. handlers. It would be uneconomic for 5 percent shrinkage allowance on the The cooperative association should also the association to receive all the milk of skim milk. If the skim milk is trans­ be required to charge at least the class its members at its receiving station and ferred to another approved plant the prices to the plant operator for such milk. then transfer milk to approved plants of transferring handler will be allowed the The cooperative association in turn other handlers. In order to facilitate 0.5 percent on the skim milk. The 4.5 would be required to make the monthly the allocation of milk among handlers percent should be given to the receiving reports with respect to such milk and to the association has its members deliver handler so that he may use it in case he settle with the producer-settlement fund milk directly to approved plants of other can not dispose of the skim milk through for it. handlers and may at times perform the the regular marketing channels. With respect to milk received from service of receiving and cooling milk of 2. Bulk tank milk. One proposal con­ producers’ farms in cans or in tank some of its members and transferring it sidered at the hearing was designed to trucks owned or operated by the dis­ to other approved plants. accommodate efficiencies resulting from tributing plant, the operator of such At the time of the hearing, the asso­ the system of collecting milk from farms plant would continue to be the handler ciation was negotiating with one of the in bulk tank trucks. for such milk and would be required to handlers to receive all the milk delivered A bargaining cooperative association account to the market administrator for by producer members and then transfer operates insulated tank trucks in which it. For such milk the handler would it in bulk tank lots to the handlers’ the milk of producers who have bulk make payment to the producer or the plant. The association, at times, also cooling'tanks on the farm is picked up cooperative association at the applicable receives Grade A milk of its members at and transported to the distributing uniform prices. this plant and disposes of it to other plants of handlers. Since late 1956 3. Class I price. The price for Class markets or to manufacturing plants there has been a steady expansion in the I milk should be subject to an automatic when local requirements"' are satisfied. number of bulk cooling tanks being in­ adjustment based on the relationship of It is desirable, therefore, that the Grade stalled on the farms. At the present the supply of producer milk to the A receiving station operated by the co­ time 18 percent of the total producers volume of Class I disposition. operative association be considered as an are bulk tank shippers and these pro­ The cooperative association proposed approved plant under the order. In this ducers deliver over 25 percent of total that the Class I price differential should manner the milk of producers regularly producer receipts. It is extremely likely be $1.90 per hundredweight during all associated with the market will be that the trend in this direction will con­ months of the year. This represents an pooled even though such milk is not re­ tinue. V increase of 25 cents per hundredweight ceived directly from producers’ farms at The transportation of milk from farm above the present Class I differential of a distributing plant. The designation to market in insulated tank trucks $1.65 per hundredweight during all of a plant such as is operated by the owned, operated or controlled by a co­ months of the year. The Class I dif­ cooperative association will facilitate operative association has created a ferential of $1.65 has been in effect since the transfer of milk from such a plant to problem with respect to the determina­ the inception of the order in July 1954 other handlers as an interhandler trans­ tion of the responsibility to the individ­ except for two emergency price in­ fer. It js concluded that the require­ ual producers. When milk comes to creases, one of which covered the months ment of not less than 50 percent of the the market in cansrthe milk of the in­ of May, June and July of 1956 in the milk of the cooperative association’s pro­ dividual producers is dumped, weighed, amount of 46 cents, 46 cents and 26 cents ducer members be received during the and a sample taken for butterfat testing respectively, and a second increase of 25 month directly at the approved plants by an employee of the plant where the cents during r the months of September, of other handlers or transferred by the milk is utilized. The operator of the October, November and December of cooperative association is a reasonable plant is fixed with the responsibility for 1956. standard to assure identification as an paying the individual producer for the integral part of the market supply. The proposal to increase the Class I pounds of milk received at the deter­ differential was based mainly on price The order should be amended to recog­ mined butterfat test. nize that milk incurs relatively little relationships with the Wichita and Texas When milk moves to market in a tank Panhandle orders. The Class I price dif­ shrinkage in its receipt and much more truck, the weight of the milk is checked m its processing, bottling,^and distribu­ ferential in the Wichita order is $1.65 and a sample for butterfat testing is during all months of the year, while the tion. The receiving station operated by taken at the farm. The milk of several the association has experienced approxi­ Class I differential in the Texas Pan­ producers is intermingled in the tank handle order averages •$2.05 and ranges mately one-half percent shrinkage on truck. When the tank trucks are owned, that milk received and transferred to from $1,85 during the flush months of operated, or controlled by the coopera­ March, April, May and June to $2.15 in another plant for processing and bot- tive association, the weight of each Rh ij Jt is concluded that the order the other eight months. The proposed producer’s milk is checked by, and a premium over the Wichita price was nouid be amended to recognize that the sample of the milk for butterfat testing greatest amount of shrinkage occurs in based on the fact that any Wichita han­ is taken by, a person who is an employee dlers distributing milk in the Southwest me processing and bottling phases of the of or directly responsible to the coopera­ jnnk distribution. Up to one-half of Kansas market will have incurred sig­ tive association. The handler who re­ nificant transportation costs and that, nnt w Cent shrinkage should be allowed ceives the milk of several producers in­ therefore, the Southwest Kansas han­ n that milk which is physically received termingled in the tank has no way of fPProved receiving plant and dlers would not be placed at a competi­ knowing the weight or the butterfat test tive disadvantage by a moderate increase snsferred to another approved plant df the milk of the individual producers r bottling and distribution. The ap- in the Southwest Kansas price. The whose deliveries made up the load, ex­ price increase would also reflect the P oved bottling plant should be allowed cept as such information may be re­ higher cost of milk production prevailing 3450 PROPOSED RULE MAKING in the Southwest Kansas milkshed and in May to 105 percent in September. A ratio of total producer receipts to the fact that supplementary milk from The only tinie other source milk was gross Class I sales in the most recent the North Central states incurs a greater imported in any appreciable amount for two-month period for which figures are transportation cost to Southwest Kansas Class I purposes was during the fall of ' available should be used as the measure than to Wichita. 1955. by which to estimate the relationship in The two most serious problems in con­ The Class I differential in the order the month to be priced. Use of the ex­ nection with the proposed price increase has been sufficient to encourage the pro­ perience of the most recent two-month are that Wichita handlers already have duction of milk in a quantity which is period requires that a representative a significant volume of sales in the adequate to meet Class I requirements •ratio of supply to sales for successive Southwest Kansas market and that of the market on “a year round basis. two-month periods be developed to serve prices in some other Federal order mar­ However, it is difficult to predict accu­ as the norm from which the deviation of kets are lower than Wichita prices when rately the level of prices necessary to the actual experience may determine transportation costs are added. At the assure the market will, continue to be what change, if any, should be made in time of the hearing there were three supplied adequately. To this end pro­ the Class I price. Wichita handlers distributing milk on vision should be made for automatic ad­ The schedule of standard utilization routes in the Southwest Kansas area justments of the Class Lprice in response percentages which is provided herein is despite the additional transportation to changes in the relationship between based on a minimum percentage of 120 costs involved. Any increase in the market s.upply and demand. during the shortest month of production Southwest Kansas Class I differential The record contains complete statistics in relation to sales. It is felt that such would inevitably reduce the ability of the for the three and one-half years the percentage recognizes the need for some local handler to compete with the order has been in operation. An analy­ reserve supplies to cover short-time Wichita handlers. A partially offsetting sis of these data reveals the pattern of variations in production and sales. The factor is that one of the Southwest Kan­ production and Class I sales, which, it standard percentages used in other sas handlers has developed sales in the is believed, reflects the characteristics of months vary seasonally in recognition of Texas Panhandle area. There has not the dairy industry in the Southwest the natural tendency for milk production been any route distribution or regular Kansas marketing area. A system of to increase in spring months and de­ supplies of bulk milk from order areas Class I pricing based bn the relationship crease thereafter to a lower level in the other than Wichita. However, both the of deliveries to Class I sales can be de­ summer and fall. Kansas City and Ozarks markets are veloped which will reflect conditions in The price adjustment for each month potential sources of such supply under the market and maintain supplied in a would be based upon the utilization modem transportation conditions. The proper balance with Class I requirements. figures for the second and third preced­ Kansas City Class I differential averages Under the authority by the Agricul­ ing months. These months will provide $1.35 and regulated plants at Emporia, tural Marketing Agreement Act, prices a more reliable indication of current Kansas, and Council Grove are only 230 established by milk marketing orders are market conditions than any longer series miles from Dodge City. The Ozarks required to reflect supply and demand of months. Also, they will be the latest Class I differential averages 89 cents per conditions in the market. As these sup­ available figures for use in computing hundredweight and the largest popula­ ply and demand conditions change from the utilization percentage in advance of tion center, Springfield, Missouri, is 413 time to time, they should be appro­ the pricing month. In the following miles from Dodge City. priately reflected in order prices. One table there are shown the standard A supply-demand adjustment would method commonly used to reflect such utilization percentages for each two- provide an automatic adjustment of the conditions which generally affect the month period and the corresponding Class I price to various conditions which dairy industry is to determine the Class I month in which the price would be might develop. If the Southwest K arlas price by adding a differential to a repre­ affected thereby: market maintains its present relation­ sentative value for milk used in manu­ ship between producer supplies and Class facturing dairy products. This type of Standard I salés, the adjustment will provide a pricing system is used in the Southwest ' utilization Month for Months for which percentages moderate increase in the Class I price. Kansas order. The basic formula price which price average utilization is If Class I sales are reduced by the com­ reflects the national market for dairy applies computed Mini­ Maxi­ petition from Wichita or other Federal products, and thus reflects changed in mum mum order markets or there is an increase production costs and market demands that follow national trends. ' The differ­ in the receipts of producer milk, the January_____ October-November__ 125 129 supply-demand adjustment will reduce ential added to the basic formula repre­ February____ November-December.. 127 131 December-January...... 128 132 the Class I price. On the other hand, if sents the higher cost of obtaining a 130 134 the Class I sales in the Texas Panhandle supply of Grade A milk, and the amount 135 139 or other areas are increased, or the of such differential should be related to 140 144 July...... 144 148 supply of producer milk is reduced, the conditions peculiar to the market. 144 148 Class I price will be automatically raised. ^Inasmuch as conditions in the market 140 144 134 138 Such adjustment should be limited in its change from time to time, the level of November___ August-September...... 126 130 increase or decrease by the Class I prices price should be adjusted to reflect such December___ September-0 ctober__ 120 in the Wichita and Texas Panhandle changes. Changes in relationship of markets. The limitations placed on the producer milk received at approved adjustment would keep the prices in the plants and Class I disposition by such As a safeguard against erratic move­ three markets in proper alignment, thus, plants reflect changes in supply and de­ ments in the supply-demand adjustment, not giving any handler a competitive mand conditions. A persistent upward provision should be made for tfhe rate of advantage in any of the markets. trend in the relation of production to adjustment per point of variation from The supply of producer milk was sales would indicate that the price level the standard utilization percentages ample in relation to local Class I needs is at least sufficient to attract an ade­ adopted to be nominal when such varia­ at the time of the hearing. Official quate supply, and if the continuation of tions first appear, bul; to be increased notice is hereby taken that in October the upward trend in production would progressively as a variation of like de­ 1957, receipts of producer milk at ap­ result in burdensome surplus, the price viation and amount persists through two proved plants were 116 percent of Class I is higher than needed to attract ade­ or three consecutive two-month periods. disposition by such plants and in Novem­ quate supply. On the other hand, a Such a provision will serve as a brake on ber 1957 were 117 percent of Class I dis­ declining trend in production in relation the rapidity of price changes and will position. However, during the first five to sales which threatens to bring market avoid substantial price increases or de­ months of 1957 producer, receipts ranged supplies below an adequate level would creases based on short-term nonre­ from 145 percent of the Class I sales in be a strong indication that the Class t curring deviations from the established January to 167 percent in June. In 1956 price is too low. In such situations, the the utilization percentages ranged from Class I price would either be decreased percentages. a high of 150 percent in May to a low of or increased by such amount that the Substantial price adjustments will 127 in September. In 1955 the utiliza­ supply deviated from what was deter­ occur, however, when undersupply or tion percentage ranged from 151 percent mined as an adequate supply^ oversupply representing a significant Wednesday, M ay 21, 1958 FEDERAL REGISTER 3451 variation from the established percent­ market. The producer, in turn, receives but large enough to encompass all the age persists for any period of time. less for milk delivered to points distant approved plants presently serving the This is accomplished by providing that from the market area in lieu of incurring marketing area. Since all the approved for each percentage point of deviation the additional cost of hauling his milk plants serving the marketing area are lo­ from the standard utilization percentage into the central market. Under these cated within 100 miles of Dodge City, the price shall be adjusted one cent, plus conditions the value of producer milk there should not be any location differ­ one cent for éach percentage point for delivered to plants located some distance ential applicable at plants located in the which there was a deviation of like ex­ from the central market is reduced in 0-100 mile zone. The 100-110 mile zone tent and character in the percentage proportion to the distance (and the cost rate shguld not be as high as the Kansas computed for the second preceding of transporting such milk) from the City or Oklahoma Metropolitan markets month plus an additional one cent for point of receipt to the central market. since the Southwest Kansas is character­ each percentage point for which there It is conceivable that a distant plant ized by numerous small cities rather than was a deviation of like extent and char­ not subject to another order, such as the large centers of population. Accord­ acter in the percentage computed for the one located at Sabetha, Kansas, could ingly, a rate of 7.5 cents should be estab­ third preceding month. become regulated by this order. The lished for the 100-110 mile zone plus 1.5 The recommended decision provided Sabetha plant is located approximately for each additional 10-mile zone. The that the supply-demand adjustment 270 miles from the closest point in the location differential applicable to Wich­ should have a monetary adjustment of marketing area. Thus, the operator of ita plants would be 15 cents. ohe cent per each two percentage points this plant would incur a substantial A method should be provided for deter- of deviation from the standard utiliza­ transportation cost on the bulk or pack­ ' mining, if necessary, the priority of milk tion percentage. However, the one cent aged milk before reaching any portion of from various plants in allocating to Class per two points will not give the pro­ the marketing area and should be al­ I for the purpose of computing the ag­ ducer the incentive to produce an ade­ lowed an offsetting credit in order to be gregate of location differentials to be al­ quate supply of milk for the market, as fully competitive with the approved lowed. Such differentials would be made was pointed out in the exceptions. plants located within the marketing area. for each handler in sequence beginning Therefore, in order to insure the South­ Under the present order the Sabetha with milk received directly from produc- west Kansas market of an adequate sup­ plant could sell a small volume of Class I - ers and then milk received from those ply of milk the rate should be adjusted milk in the marketing area and become plants which have the lowest location to one cent for each percentage point of fully regulated. It would absorb the cost differential. deviation from the standard utilization of transporting such milk sold in the The producer should receive less for percentage. marketing area and would be able to pay milk delivered to points which are dis­ However, the Southwest Kansas Class its producers the full f. o. b. market price tant from the marketing area in lieu of I price should be further adjusted by on all its receipts of producer milk. This incurring the additional cost of hauling subtracting any amount by which such would be contrary to the basic principle his milk to the marketing area. Under price exceeds the higher of, or adding of location differentials which places a these conditions the value of producer any amount by which sucb, price is less lower value on milk received from pro­ milk delivered to plants should be re­ than the lower of the following: (1) the ducers at points distant from the mar­ duced in proportion to the distance that price of Class I milk at 3.8 percent but- keting area. In order to allow for the such plant is from Dodge City by the terfat for the same month in the Wich­ cost of moving Class I milk from distant same rate that applies to Class I milk. ita, Kansas, milk marketing order; or plants that might become route distribu­ 5. Equivalent prices. The order should (2) the price of Class I milk at 3.8 per­ tors in the Southwest Kansas marketing include a provision that whenever a price cent butterfat for the same month in the area, it is necessary to establish the Class quotation is not available, a price which Texas Panhandle milk marketing order 1 price for such milk delivered to plants is determined by the Secretary to be during the months of March, April, May, at a point in the market and then pro­ equivalent should be used. Price series and June and less 25 cents in all other vide a schedule of deductions from the may be unavailable through such causes months. Class I price as location differentials. as failure to report, termination of mar­ The recommended supply-demand ad­ This will place all handlers^on an equal ket quotations resulting from changes justment would have increased the aver­ competitive basis on the Class I milk- in dairy marketing, and combining or age Class I price at 3.8 percent in 1955 distributed in the marketing area. termination of other Federal orders. from $4.94 to $5.00. The range of the Dodge City is the geographical center Rulings on proposed findings and con­ supply-demand adjustment during the of the marketing area and represents a clusions. Briefs and proposed findings same year was from a zero adjustment to central point from which location differ­ and conclusions were filed on behalf of a plus 33 cents in December with the entials should be based. The distance certain interested parties in the market. average adjustment being 6 cents per used in determining location differentials These briefs, proposed findings and con­ month. In 1956 the average Class I price should be measured from the Courthouse clusions and the evidence in the record would have increased from $5.21 to $5.28 at Dodge City, Kansas, by the shortest were considered in making the findings and the range of Adjustment would have highway distance, as determined by the and conclusions set forth above. To the been from a plus 43 cents in January to a market administrator. extent that the suggested findings and minus 4 cents in December with the aver­ The location differential rates in near­ conclusions filed by interested parties age adjustment being a plus 7 cents. In by order areas where hauling cost might are inconsistent with the findings and 1957 the Southwest Kansas Class I price be expected to be similar vary consid­ conclusions set forth herein, the requests would have been identical with the erably. The Texas Panhandle rates are to make such findings or reach such con­ Wichita Class I price during every month 35 cents in 100-110 mile zone plus J..6 clusions are denied for the reasons pre­ of the year. In January and February cents for each additional 10-mile zone. viously stated in this decision. of 1958 the Class I prices would have The Greater Kansas City rates are 16 General findings. The findings and been increased by 9 and 11 cents, cents in the 50-70 mile zone plus one- determinations hereinafter set forth are respectively. half cent for each additional 10 miles supplementary and in addition to the 4. Location differentials. Class I milk thereafter. The Oklahoma Metropolitan findings and determinations previously Products, because of their bulky, perish­ rates are 10 cents in the 50-150 mile zone, made in connection with the issuance of able nature, incur a relatively high trans­ 2 cents per each 15 miles in the 150-240 the aforesaid order and of the previously portation charge if moved a consider­ mile zone and plus one cent for each issued amendments thereto; and all of able distance. Milk delivered directly additional 15 miles in excess of 240 miles. said previous findings and determina­ by farmers to plants in or near the urban The Neosho Valley rates are 10 cents in tions are hereby ratified and affirmed, centers in the marketing area is there­ the 50-60 mile zone plus 2 cents for each except insofar as such findings and de­ fore worth more to a handler than milk additional 15 miles. The Ozarks rate is terminations may be in conflict with the which is received from farmers at a plant 1.5 cents per 10 miles distance from the findings and determinations set forth located many miles from the market. nearest point in the marketing area. herein. This is so because in the latter instance The initial mileage zone should not be (a) The tentative marketing agree­ the handler must incur the additional quite as large as the initial mileage zone ment and the order, as hereby-proposed cost of moving that milk into the central in the Oklahoma Metropolitan market to be amended, and all of the terms and 3452 PROPOSED RULE MAKING Order1 Amending the Order Regulating MISCELLANEOUS PROVISIONS conditions thereof, will tend to effectuate Sec. the declared policy of the act; the Handling of Milk in the Southwest 919.100 Agents. (b) The parity prices of milk as de­ Kansas Marketing Area 919.101 Separability of provisions. termined pursuant to section 2 of the act Sec. are not reasonable in view of the price 919.0 Findings and déterminations. § 919.0 Findings and determinations. of feeds, available supplies of feeds, and The findings and determinations here­ other econoíóic conditions which affect DEFINITIONS inafter set forth are supplementary and market supply and demand for milk in 919.1 Act. in addition to the findings and determi-! the marketing area, and the minimum 919.2 Secretary. nations previously made in connection prices specified in the proposed market­ 919.3 Department. with the issuance of the aforesaid order 919.4 Person. and of the previously issued amendments ing agreement and the order, as hereby 919.5 Cooperative association. proposed to be amended, are such prices 919.6 Southwest Kansas marketing area. thereto; and all of said previous findings as will reflect the aforesaid factors, in­ 919.7 Approved plant, and determinations are hereby ratified sure a sufficient quantity of pure and 919.8 Unapproved plant. and affirmed, except insofar as such find­ wholesome milk, and be in the public in­ 919.9 Handler. ings and determinations may be in con­ terest; and 919.10 Producer. flict with the findings and determina­ (c) The tentative marketing agree­ 919.11 Producer milk. tions set forth herein. ment and the order, as hereby proposed 919.12 Other source milk. (a) Findings upon the basis of the 919.13 Producer-handler. hearing record. Pursuant to the pro­ to be amended, will regulate the handling 919.14 Route. of milk in the same manner as, and will visions of the Agricultural Marketing be applicable only to persons in the re­ MARKET ADMINISTRATOR Agreement Act of 1937, as amended (7 spective classes of industrial and corh- 919.20 Designation. U. S. C. 601 et seq.), and the applicable mercial activity specified in, a marketing 919.21 Powers. rules of practice and procedure govern­ agreement upon which a hearing has 919.22 Duties. ing the formulation of marketing agree­ been held. REPORTS, RECORDS, AND FACILITIES ments and marketing orders (7 CFR Part 900), a public hearing was held Rulings on exceptions. In arriving at 919.30 Reports of receipts and utilization. the findings and conclusions, and the 919.31 Payroll reports. upon certain proposed amendments to regulatory provisions of this decision, 919.32 Other reports. the tentative marketing agreement and each of the exceptions received was care­ 919.33 Records and facilities. to the order regulating the handling of fully and fully considered in conjunction 919.34 Retention of records. milk in the Southwest Kansas marketing with the record evidence pertaining CLASSIFICATION area. Upon the basis of the evidence thereto. To the extent that the findings introduced at such hearing and the rec­ and conclusions, and the regulatory pro­ 919.40 Skim milk and butterfat to be classi­ ord thereof, it is found that: fied. ( 1 ) The said order as hereby amended, visions of this decision are at variance 919.41 Classes of utilization. with any of the exceptions, such excep­ 919.42 Shrinkage. and all of the terms and conditions tions are hereby overruled for the rea­ 919.43 Responsibility of handlers and re­ thereof, will tend to effectuate the de­ sons previously stated in this decision. classification of milk. clared policy of the act; Marketing agreement and order. An­ 919.44 Transfers. (2) The parity prices of milk, as de­ nexed hereto and made a part hereof are 919.45 Computation of the skim milk and termined pursuant to section 2 of the two documents entitled, respectively, butterfat in each class. act, are not reasonable in view of the 919.46 Allocation of skim milk and butter­ price of feeds, available supplies of feeds, “Marketing agreement regulating the fat classified. handling of milk in the Southwest and other economic conditions which Kansas marketing area”, and “Order MINIMUM PRICES affect market supply and demand for amending the order regulating the han­ 919.50 Basic formula price to be used in milk in the said marketing area, and the dling of milk in the Southwest Kansas determining Class 1 prices. minimum prices specified in the order marketing area”, which have been de­ 919.51 Class prices. as- hereby amended are such prices as cided upon as the detailed and appro­ 919.52 Butterfat differentials to handlers. will reflect the aforesaid factors, insure 919.53 Location differentials to handlers. a sufficient quantity of pure and whole­ priate means of effectuating the fore­ 919.54 Use of equivalent price. some milk, and be in the public interest; going conclusions. APPLICATION OF PROVISIONS and It is hereby ordered, That all of this 919.60 Exempt handlers. (3) The said order as hereby amended, decision, except the attached marketing 919.61 Handlers subject to other orders. regulates the handling of milk in the agreement, to be published in the F ed­ same manner as, and is applicable only DETERMINATION OF UNIFORM PRICES eral R egister. The regulatory provi­ to persons in the respective classes of sions of said marketing agreement are 919.70 Computation of value of milk. industrial or commercial activity speci­ identical with those contained in the 919.71 Computation of uniform price. fied in, a marketing- agreement upon order as hereby proposed to be amended PAYMENTS which a hearing has been held. by the attached order which will be pub­ 919.80 Time and method of payments. Order relative to handling. It is there­ lished with this decision. 919.81 Producer differentials. fore ordered, that on and after the effec­ Determination of representative period. 919.82 Producer-settlement fund. tive date hereof, the handling of milk 919.83 Payments to the producer-settle­ in the Southwest Kansas marketing area The month of March 1958 is hereby de- m ent fund. tèrmined to be the representative period 919.84 Payments out of the producer-set­ shall be in conformity to and in com­ for the purpose of ascertaining whether tlement fund. pliance with the terms and conditions of the issuance of the attached order 919.85 Fall incentive payment. the aforesaid order, as hereby amended, 919.86 Adjustment of accounts. and the aforesaid order is hereby amending the order regulating the han­ 919.87 Marketing services^ amended as follows: dling of milk in the Southwest Kansas 919.88 Expenses of administration. marketing area, is approved or favored 919.89 Termination of obligation. DEFINITIONS by producers, as defined under the terms EFFECTIVE TIME, SUSPENSION, OR TERMINATION § 919.1 Act. “Act” means Public Act No. 10, 73d Congress, as amended and as of the order as hereby proposed to be 919.90 Effective time. s amended, and who, during sueh repre­ 919.91 Suspension or termination. reenacted ancj amended by the Agricul­ sentative period, were engaged in the 919.92 Continuing obligations. tural Marketing Agreement Act of 1937, production of milk for sale within the 919.93 Liquidation. as amended <7 U. S. C., 601 et seq.). aforesaid marketing area. § 919.2 Secretary. “Secretary” means »This order shall not become effective un­ the Secretary of Agriculture of the Issued at Washington, D. C., this 15th less and until the requirements of § 900.14 United States, or any other officer or em­ day of May 1958. Î of the rules of practice and procedure gov­ erning proceedings to formulate marketing ployee of the United States, authorised [ seal] D on P aarlberg, agreements and marketing orders have been to exercise the powers or to perform the Assistant Secretary. met. duties of the Secretary of Agriculture. Wednesday, M ay 21, 1958 FEDERAL REGISTER 3453 § 919.3 Department. “Department” which Class I milk is disposed of on (a) To administer its terms and pro­ means the United States Department of route(s) in the marketing area; visions; Agriculture or such other Federal agency (c) Any cooperative association with (b) To receive, investigate, and report authorized to perform the price report­ respect to the milk of any producer to the Secretary complaints of viola­ ing functions of the United States De­ which it causes to be diverted to an un­ tion; partment of Agriculture. approved plant for the account of such (c) To make rules and regulations to § 919.4 Person. “Person” means any association. (Such milk shall be con­ effectuate its terms and provisions; and individual, partnership, corporation, as­ sidered as having been received by such (d) To recommend amendments to the sociation, or any other business unit. cooperative association at the plant from Secretary. which it is diverted.) ; or § 919.5 Cooperative association. “Co­ (d) Any cooperative association which § 919.22 Duties. The market admin­ operative association” means any co­ reports as a handler with respect to the istrator shall perform all duties neces­ operative marketing association of pro­ milk of any producers which is delivered sary to administer the terms and provi­ ducers which the Secretary determines, to an approved plant of another handler sions of this subpart, including, but not after application by the association: in a tank truck owned, operated, or con- limited to the following: (a) To be qualified under the pro­ . trolled by such cooperative association (a) Within 30 days following the date visions of the act of Congress of Febru­ for the account of such cooperative asscn on which he enters upon his duties, or ary 15, 1922, as amended, known as the ciation. (Such milk shall be considered such lesser period as may be prescribed “Capper-Volstead Act”; and as having been received by such coopera­ by the Secretary, execute and deliver to (b) To have full authority in the sale tive association at the plant to which it the Secretary a bond, effective as of the of milk of its members and to be en­ is delivered.) date on which he enters upon his duties gaged in making collective sales or mar­ and conditioned upon the faithful per­ keting milk or its products for its § 919.10 Producer, (a) “Producer” formance of such duties, in an amount members. means any person, other than a pro­ and with surety thereon satisfactory to ducer-handler, who produces milk which the Secretary; § 919.6 Southwest Kansas marketing (1) is received at an approved plant di­ (b) Employ and fix the compensation area. “Southwest Kansas marketing rectly from the farm at which produced, of such persons as may be necessary to area”, called “the marketing area” in and (2) is produced under a dairy farm enable him to administer the terms and this subpart, means all territory within permit or rating for the production of provisions of this subpart; the cities of: milk to be disposed of as Grade A milk (c) Obtain a bond in a reasonable Ashland. La Crosse. issued by the appropriate health au­ amount and with reasonable surety Cimarron. Lakin. thority of a municipality of the mar­ thereon covering each employee who Coldwater. Larned. , keting area or by the State of Kansas. handles funds entrusted to the market Dodge City. Liberal. (b) “Producer” shall include any suchadministrator; Ellinwood. Meade. Garden City. Medicine Lodge. person whose milk is regularly received (d) Pay, out of the funds provided by Great Bend. Ness City. at an approved plant but which is caused § 919.88; Greensburg. Pratt. to be diverted by a handler to àn unap­ (1) The cost of his bond and of the Hoisington. St. John. proved plant, and milk so diverted shall bonds of his employees, Eugoton. Scott City. be deemed to have been received at an (2) His own compensation, and Johnson. Stafford. approved plant by the handler who (3) All other expenses, except those Jetmore. Syracuse. causes it to be diverted. “Producer” incurred under § 919.87. necessarily in­ Kinsley. Ulysses. shall not include a person with respect curred by him in the maintenance and And within the townships of Great Bend, to milk produced by him which is re­ functioning of his office and in the per­ South Bend, North Homestead, South ceived at a plant operated by a handler formance of his duties; Homestead, and Lakin in Barton County, who is subject to another Federal mar­ (e) Keep such books and records as Kinsley in Edwards County, Garden City keting order and who is partially exempt will clearly reflect the transactions pro­ in Finney County, Dodge and Richland from the provisions of this subpart pur­ vided in this subpart, and, upon request in Ford County, Larned and Pleasant suant to § 919.61. by the Secretary, surrender, the same to Grove in Pawnee County, Canter and § 919.11 Producer milk. “Producer such other person as the Secretary may Saratoga in Pratt County, and Liberal In milk” means all skim milk and butterfat designate; Seward County, all in the State of in milk produced by a producer which (f) Publicly announce, at his discre­ Kansas. is received by a handler either directly tion, unless otherwise directed by the from producers or from other handlers. Secretary, the name of any person who, § 919.7 Approved plant. “Approved 5 days after the day upon which he is plant” means any milk plant approved § 919.12 Other source milk. “Other required to perform such acts, has not by the appropriate health authority hav­ source milk” means all skim milk and made (1) reports pursuant to §§ 919.30 ing jurisdiction in the marketing area: butterfat other than, that contained in and 919.31, or (2) payments pursuant to (a) From which during any month a producer milk. volume of Class I milk equal to 5 percent §§ 919.80 to 919.88, inclusive; or more of the total receipts of milk from § 919.13 Producer-handler. “Pro­ (g) Submit his books and records to producers or an average of 300 pounds ducer-handler” means any person who examination by the Secretary and fur­ or more per day, whichever is less, is produces, milk and operates an approved nish such, information and reports as disposed of under a Grade A label on plant, but who receives no milk from may be réquested by the Secretary; producers. (h) Verify all reports and payments routes in the marketing area, or by each handler by audit, if necessary, (b) Which is operated by'a coopera­ § 919.14 Route. “Route” means any of such handler’s records and of the rec­ tive association and 50 percent or more delivery (including a delivery by a ords of any other handler or person upon of the milk delivered during the month vendor or at a plant store) of milk, skim whose utilization the classification of by producers who are members of such milk, buttermilk, or flavored milk drink skim milk nr butterfat for such handler association is delivered directly or is other than in bulk to a milk processing depends; transferred by the association from its plant. (i) Publicly announce the prices de­ approved plant to approved plants of MARKET ADMINISTRATOR termined for each month as follows: other handlers. § 919.2(1 Designation. The agency for (1) On or before the 5th day of each the administration of this subpart shall month, the minimum prices for Class I § 919.8 Unapproved plant. “Unap­ milk pursuant to § 919.51 (a) and the proved plant” means any milk plant be a market administrator, selected by the Secretary who shall be entitled to Class I butterfat differential pursuant to which is not an approved plant. such compensation as may be deter­ § 919.52 (a), both for the current month, § 919.9 Handler. “Handler” means: mined by, and shall be subject to re­ and the minimum price for Class n milk moval at the discretion of the Secretary. pursuant to § 919.51 (b) and the Class H (a) Any person in his capacity as the butterfat differential pursuant to 9 919.52 operator of an approved plant; § 919.21 Powers. The market admin­ (b), both for the preceding month; and shall be_classified: deductions or charges involved in such\ butterfat (1) disposed of in the form of (a) At the class mutually indicated in payments. milk, skim milk, buttermilk, flavored writing to the market administrator on § 919.32 Other reports, (a) Each milk drinks, cream, cultured sour cream, or before the 7th day after the end of the producer-handler and each handler de­ any mixture (except eggnog, aerated month within which such transaction fined pursuant to § 919.9 (b) shall make cream, and bulk ice cream mix ) of cream occurred, otherwise as Class I milk, if reports to the market administrator at and milk or skim milk, and (2) all other transferred or diverted in the form of skim milk and butterfat not specifically milk, skim milk, or cream to the ap- such time and in such manner as the accounted for as Class n milk; market administrator may prescribe. (b) Class n milk shall be all skim milk v proved plant of another handler (ex­ (b) Each handler who causes milk toand butterfat: cept a producer-handler), subject in be diverted for his account directly from (1) Used to produce any product othereither event to the following conditions: producers’ farms to an unapproved plant than those specified in paragraph (a) (1) The receiving handler has use in shall, prior to such diversion, report to of this section; such class of an equivalent amount of Wednesday, May 21, 1958 FEDERAL REGISTER 3455 skim milk and butterfat, respectively; skim milk determined pursuant to pursuant to subparagraphs (1) and (2) and §919.41 (b) (4); of. this paragraph: (2) Such skim milk or butterfat shall (2) Subtract from the remaining (1) From the simple average as com­ be classified so as to allocate to producer pounds of skim milk in each class the puted by the market administrator of milk the greatest total Class I utiliza­ pounds of skim milk received from other the daily wholesale selling prices (using tion in the two plants. handlers in a form other than milk, skim the midpoint of any price range as one (b) As Class I milk, if transferred or milk or cream according to its classifica­ price) per pound of Grade A (92-score) diverted to a producer-handler in the tion pursuant to § 919.41; bulk creamery butter per pound at form of milk, skim milk, or cream. (3) Subtract from the remaining Chicago, as reported by the Department (c) As Class I milk, if transferred or pounds of skim milk in series beginning during the month, subtract 3 cents, add diverted in the form pf milk or skim with Class n , the pounds of skim milk 20 percent thereof, and multiply by 3.8. milk to an unapproved plant more than in other source milk; (2) From the simple average as com­ 300 miles from the courthouse at Dodge (4) Subtract from the remaining puted by the market administrator of the City, Kansas, by the shortest highway pounds of skim milk in series beginning weighted averages of carlot prices per distanco as determined by thè market with Class n , the pounds of skim milk in pound for nonfat dry milk solids, spray administrator. inventory at the beginning of the month and roller process, respectively, for (d) As Class I milk, if transferred to in the form of milk, skim milk, cream human consumption, f. o. b. manufactur­ an unapproved plant in the form of (except frozen cream), or any other ing plants in the Chicago area, as pub­ cream under Grade A certification, or product specified in J 919.41 (a ); lished for the period from the 26th day unless the handler claims Class II clas­ (5) Subtract from the remaining of the preceding month through the 25th sification and establishes the fact that pounds of skim milk in each class the day of the current month by the Depart­ such cream was transferred without skim milk received from other handlers ment deduct 5.5 cents, multiply by 8.5, Grade A certification and with each in the form of milk, skim milk or cream and then multiply by 0.962. container labeled or tagged to indicate according to its classification as deter­ § 919.51 Class prices. Subject to the that the contents are for manufacturing mined pursuant to § 919.44 (a); provisions of §§ 919.52 and 919.53, the use only and that the shipment was so (6) Add to the remaining pounds of minimum prices per hundredweight to invoiced. skim milk in Class II the pounds of skim be paid by each handler for milk received (e) As Class I milk if transferred or milk subtracted pursuant to subpara­ at his plant from producers during the diverted in the form of milk or skim milk graph (1) of this paragraph; month shall be as follows: to an unapproved plant located not more (7) If the remaining pounds of skim (a) Class I milk. The price per hun­ than 300 miles from the courthouse at milk remaining in both classes exceed dredweight shall be the basic formula Dodge City, Kansas, by shortest highway the pounds of skim milk received from price plus $1.65 during all months of the distance, as determined by the market producers, subtract such excess from the year plus or minus a supply-demand ad­ administrator, and from which fluid milk pounds of skim milk remaining in each justment, computed as follows: is disposed of on wholesale or retail class in series beginning with Class n . (1) Divide the total receipts of milk routes, unless the m arket administrator Any amount so subtracted shall be called from produoers in the second and third is permitted to audit the records of re­ “overage.” months preceding by the total volume of ceipts and utilization at such unapproved (b) Butterfat shall be allocated in ac­ Class I milk at approved plants (exclud­ plant, in which case the classification of cordance with the same procedure out­ ing fnterhandler transfers and milk fully all skim milk and butterfat ¿-received lined for skim milk in paragraph (a) of subject to pricing under another Federal at such unapproved plant shall be de­ this section. order issued pursuant to the Act) for termined and the skim milk and butter­ (c) Add the pounds of skim milk and the same months, multiply the result by fat transferred from the approved plant the pounds of butterfat allocated to pro­ 100, and round to the nearest whole shall be allocated to the highest use re­ ducer milk in each class, respectively, as number. The result shall be known as maining after subtracting in series be­ computed pursuant to paragraphs (a) the “current utilization percentage”. ginning with Class I milk, receipts of and (b) of this section and determine the (2) Compute a “net deviation per­ skim milk and butterfat at such unap­ percent of butterfat content in such milk centage” as follows: proved plant direct from dairy farmers in each class. - (i) If the current utilization percent­ who thè market administrator deter­ MINIMUM PRICES mines constitute the regular source of age is neither less than the minimum supply of such plant for fluicj. usage. § 919.50 Basic formula price to be standard utilization percentage specified used in determining Class I prices. The below nor in excess of the maximum (f) As Class n milk, if transferred or basic formula price to be used in deter­ standard utilization percentage specified diverted in the form of milk or skim milk mining the price per hundredweight of below, the net deviation percentage is to an unapproved plant located not more zero, than 300 miles from the courthòuse at Class I milk shall be the higher of the Dodge City, Kansas, by shortest high­ prices computed pursuant to paragraphs (ii) Any amount by which the current way distance as determined by the mar­ (a) and (b) of this section for the pre­ utilization percentage is less than the ket administrator, and_from which fluid ceding month. minimum standard utilization percent­ milk is not disposed of on wholesale or (a) The average of the basic or field age specified below is a “minus net devi­ retail routes. prices per hundredweight reported to ation percentage”, and have been paid, or to be paid, for milk (iii) Any amount by which the cur­ § 919.45 Computation of the skim of 3.5 percent butterfat content received milk and butterfat in each class. For from farmers during the month at .the rent utilization percentage exceeds the each delivery period the market admin­ following plants or places for which maximum standard utilization percent­ istrator shall correct for mathematical prices have been reported to the market age specified below is a “plus net devia­ and for other obvious errors the report administrator or to the Department, di­ tion percentage”. of receipts and utilization submitted by vided by 5.5 and multiplied by 3.8: each handler and shall compute the total .Present Operator and Location Percentages pounds of skim milk and butterfat, re­ Delivery pe­ Delivery periods used Borden Co., Mount Pleasant, Mich. riod for which in computation spectively, in Class I milk and Class n Carnation Co., Sparta, Mich. price applies Mini­ Maxi­ milk of such handler. Pet Milk Co., Wayland, Mich. mum mum § 919.46 Allocation of skim milk and Pet Milk Co., Coopersvllle, Mich. Borden Co., Orfordville, Wis. January____ October-November__ 125 129 butterfat classified. After making the Borden Co., New London, Wis. February____ N ovember-December . _ 127 131 computation pursuant to § 919.45, the 128 132 Carnation Co., Richland Center, Wis. 130 “ 134 market administrator shall determine Carnation Co., Oconomowoc, Wis. May______135 139 the classification of producer milk as Pet Milk Co., New Glarus, Wis. June______March-Àpril______“ 140 144 follows: Pet Milk Co., Belleville, Wis. July—...... 144 148 144 148 (a) Skim milk shall be allocated in White House Milk Co., West Bend, Wis. 140 144 the following manner: White House Milk Co., Manitowoc, Wis. 134 138 November___ August-September___ 126 130 (1) Subtract from the total pounds (b) The price per hundredweight com­ December___ September-0 ctober__ 120 124 of skim milk in Class n the pounds of puted by adding together the plus values No. 100- n 5 3456 PROPOSED RULE MAKING (3) For a minus net deviation per­ § 919.53 Location differentials to han­ in producer milk classified as Class n centage the Class I price shall be in­ dlers., For milk which is received from milk (other than as shrinkage) in the creased and for a plus deviation per­ producers at an approved plant located handler’s plant for the preceding month, centage the -Class I price shall be more than 100 miles by the shortest high­ a charge shall be computed at the dif­ decreased as follows: way distance, as determined by the mar­ ference between its value at the Class I (i) One cent for each such percentage ket administrator, from the Courthouse price for the current month and its value point of net deviation; plus in Dodge City, Kansas, and which is at the Class n price of the preceding (ii) One cent for each such percentage classified as Class I milk the prices com­ month; point of net deviation for which a per­ puted pursuant to § 919.51 (a) shall be (2) For any other skim milk or butter­ centage point of net deviation of like reduced by, 7.5 cents if such plant is fat reclassified pursuant to § 919.43 (b) direction and amount was computed pur­ located more than 100 miles but not more a charge shall be computed at the dif­ suant to subparagraph (2) of this para­ than 110 miles from such courthouse and ference between its value at the Class I graph in the computation of the Class I by an additional 1.5 cents for each 10 price and its value at the Class n price price applicable for the delivery period miles or fraction thereof that such dis­ both, for the month in which previously immediately preceding; plus tance-exceeds 110 miles: Provided, That classified as Class II milk. (iii) One cent for each such percent­ for the purposes of calculating such dif­ § 919.71 Computation of uniform age point of net deviation for which ferential transfers between approved price. For each month the market ad­ percentage points of net deviation in plants shall be assigned to Class I milk ministrator shall compute the uniform like direction and amount were com­ in a volume not in. excess of that by price per hundredweight for all milk of puted pursuant to subparagraph (2) of which CJass I disposition at the trans­ 3.8 percent butterfat content received this paragraph in the computations of feree plant exceeds thé receipts from from producers as follows: each of the Class I prices applicable for producers at such plants, such assign­ (a) Combine into one total the values the first and second month immediately ment to transferor plants to be made computed pursuant to § 919.70 for all preceding. first to plants at which no differential handlers who made the reports pre­ credit is applicable and then in the scribed in § 919.30 and who made the The price so determined shall be fur­ sequence at which the lowest location payments pursuant to §§919.80 and ther adjusted by subtracting any amount differential credit would apply. 919.83 for the preceding month; by which such price exceeds the higher (b) For each of the months of April of, or adding any amount by which such §919.54 Use of equivalent price. If for any reason a price quotation required through June subtract an amount equal price is less than the lower of the price to 50 cents per hundredweight on the for Class I milk of 3.8 percent butterfat by this part for computing class prices or for any other purpose is not available total amount of producer milk included content established for the same month in these computations to be retained in or delivery period pursuant to Part 968 In the manner described, the market ad­ ministrator shall use a price determined the producer-settlement fund for the of this chapter, regulating the handling purpose specified in § 919.85; of milk in the Wichita, Kansas, market­ by the Secretary to be equivalent to the price which is required. (c) Add not less than one-half of the ing area or the price of Class I milk of unobligated cash balance on hand in the 3.8 percent butterfat content established APPLICATION OP PROVISIONS producer-settlement fund; for the same month or delivery period § 919.60 Exempt handlers. Sections (d) Subtract if the average butterfat pursuant to Part 911 of this chapter reg­ 919.40 through 919.46, 919.50 through content of the milk included in these ulating the handling of milk in the 919.54, 919.70 through 919.71 and 919.80 computations is greater than 3.8 percent Texas Panhandle marketing area during through 919.89 shall not apply to a pro­ or add if such average butterfat content the months of March, April, May, and ducer-handler or a handler defined pur­ is less than 3.8 percent an amount com­ June and 25 cents less than such price suant to § 919.9 (b). puted by multiplying the amount by computed for the Texas Panhandle mar­ which the average butterfat content of keting area in all other months. § 919.61 Handlers subject to other or­ such milk varies from 3.8 percent by the (b) Class 11 milk. The price per hun­ ders. In the case of any handler who butterfat differential computed pursuant dredweight -shall be the average price the Secretary determines disposes of a to § 919.81 and multiplying the resulting reported by the,Department for the cur­ greater portion of his milk as Class I figure by the total hundredweight of such rent month for milk for manufacturing milk in another marketing area regu­ milk; purposes, f. ,o. b. plant, United States, lated by another milk marketing agree­ adjusted to a 3.8 percent butterfat basis ment or order issued pursuant to the act, (e) Add the aggregate of the value of by direct ratio. the provisons of this subpart shall not all allowable location differentials to pro­ apply except that the handler shall with ducers pursuant to § 919.81 (b). § 919.52 Butterfat differential to han­ respect to his total receipts of skim milk (f) Divide the resulting amount by dlers. If the average butterfat content and butterfat,. make reports to the mar­ the total hundredweight of milk included of the milk of any handler allocated to ket administrator at such time and in in these computations; and any class pursuant to § 919.46 is more or such manner as the market adminitsra- _ (g) Subtract not less than 4 cents nor less than 3.8 .percent, there shall be tor may require and shall allow verifica­ more than 5 cents from the amount added to the respective class price, com­ tion of such reports by the market computed pursuant to paragraph (e) of puted pursuant to § 919.51 (a) and (b) administrator pursuant to § 919.33. this section. The resulting figure shall for each one-tenth of one percent that be the uniform price for milk of 3.8 per­ the average butterfat content of such DETERMINATION OP UNIFORM PRICE cent butterfat content received from milk is above 3.8 percent, or subtracted § 919.70 Computation of value of producers. for each one-tenth of one percent that milk. The value of milk received during PAYMENTS such average butterfat content is below each month by each handler from pro­ 3.8 percent, an amount equal to the but­ ducers shall be a sum of money computed § 919.80 Time and method of pay­ terfat differential computed by multiply­ by the market administrator as follows': ment. Each handler shall make pay­ ing the simple average, as computed by (a) Multiply the pounds of such milk ment as follows: the market administrator, of the daily -in each class by the applicable respective (a) On or before the 15th day after wholesale selling price per pound (using class prices and add together the result­ the end of the month during which the the mid-point of any price range as one ing amounts; milk was received, to each producer for price) of Grade A (92-score) bulk (b) Add an amount computed by mul­ whom payment is not made pursuant to creamery butter at Chicago, as reported tiplying the pounds of any overage de­ paragraph (c) of this section, at not less by the Department during the appropri­ ducted from each class pursuant to than the uniform price for such montn ate month, by the applicable factor § 919.46 (a) (7) by the applicable class computed pursuant to § 919.71 adjusted listed below and dividing the result by price (s) ; by the butterfat and location differen­ 10: (c) Add any charges computed as fol­ tials computed pursuant to § 919.81, ana (a) Class I milk: Multiply such price lows: less the amount of the payment maae for the preceding month by 1.25; and (1) For any. skim milk or butterfat in pursuant to paragraph (b) of tins sec­ inventory reclassified pursuant to § 919.43 tion: Provided. That if by such date sucn (b) Class n milk: Multiply such price handler has not received full payment for the current month by 1.15. (b) which is not in excess of the quantity Wednesday, May 21, 1958 FEDERAL REGISTER 3457 for such month pursuant to § 919.84, he 919.86, and out of which he shall make section, each handler, in making pay­ may reduce his total payments to all all payments pursuant to §§ 919.84, ments to producers (other than himself) producers uniformly by not more than 919.85, and 919.86. pursuant to § 919.80, shall deduct 6 cents the amount of reduction in payments § 919.83 Payments to the producer- per hundredweight or such lesser amount from the market administrator; he shall, settlement fund. On or before the 13th as may be prescribed by the Secretary, however, complete such payments pur­ day after the end of the month during and shall pay such deductions to the suant to this paragraph not later than which the milk was received, each han­ market administrator on or before the the date for making such payments next dler, including a cooperative association 15th day after the end of each month. following receipt of the balance from the which is a handler, shall pay to the Such moneys shall be used by the market market administrator. market administrator the amount, if administrator to sample, test, and check Cb) On or before the last day of each any by which the value of the milk re­ the weights of milk received from pro­ month, to each producer for whom pay­ ceived by such handler from producers ducers and to provide producers with ment is not made pursuant to paragraph as determined pursuant to § 919.70 is market information. (c) of this section for milk received dur­ greater than the amount required to be (b) In the case of producers for whom ing the first 15 days of such month, at paid producers by such handler pursuant a cooperative association is actually per­ not less than the Class II price of the to § 919.80. forming the services set forth in para­ preceding month. graph (a) of this section, each handler (c) On or before the 13th and 27th § 919.84 Payments out of the pro­ shall make, in lien of the deduction spec­ days of each month, in lieu of payments ducer-settlement fund. On or before ified in paragraph (a) of this section pursuant to paragraphs (a) and (b) of the 14th day after the end of the month such deductions from the payments to be this section respectively; to a coopera­ during which the milk was received, the made to such producers as may be au­ tive association which so requests, with market administrator shall pay to each thorized by the membership agreement respect to producers for whose milk the handler, including a cooperative asso­ or marketing contract between such co­ market administrator determines such ciation which is a handler, the amount, operative association and such producers cooperative association is authorized to if any, by which the value of the milk on or before the 15th day after the end collect payment, an amount equal to the received by such handler from producers of each month pay such deduction to the sum of the individual payments other­ during the month as determined pursu­ cooperative association rendering such wise payable to such producers. Such ant to § 919.70 is less than the amount services identified by a statement show­ payments shall be accompanied by a required to be paid producers by such ing for each such producer the informa­ statement showing for each producer the handler pursuant to § 919.80: Provided, tion required to be reported to the mar­ items required to be reported pursuant That if the balance in the producer-set­ ket administrator pursuant to § 919.31 to § 919.31. tlement fund is insufficient to make all in lieu of such statement a handler may (d) On or before thè 13th day after payments pursuant to this paragraph, authorize the market administrator to the end of each delivery period, to each the market administrator shall reduce furnish such cooperative association the cooperative association, with respect to uniformly such payments and shall com­ information with respect to such pro­ receipts of milk for which such coopera­ plete such payments as soon as the nec­ ducers reported pursuant to § 919.31. tive association is defined as the handler essary funds are available. § 919.88 Expenses of administration. pursuant to § 919.9 (d), not less than the § 919.85 Fall incentive payment. On As his pro rata share of the expense of value of such milk as classified pursuant or before the 15th day after-the end of administration of this subpart, each to §919.44 (a) at the applicable class each of the months of August, September handler shall pay to the market admin­ prices. „ < and October, the market administrator istrator on or before the 15th day after § 919.81 Producer differentials—(a) shall pay out of the producer-settlement the end 6f the month, 5 cents per hun­ Butterfat differential. In making pay­ fund to each producer from whom milk dredweight or such lesser amount as the ments pursuant to § 919.80, there shall was received by handlers during the Secretary may prescribe with respect to be added to or subtracted from the uni­ month, an amount computed as follows: all receipts within the month of (a) form price for each one-tenth of one (a) Divide one-third of the total other source milk which is classified as percent that the ayerage butterfat con­ amount held pursuant to I 919.71 (b) by Class I, and (b) milk from producers tent of the milk received frcim the pro­ the total hundredweight of producer including such handler’s own production. ducer is above or below 3.8 percent, an milk received by all handlers during the § 919.89 Termination of obligation. amount computed by multiplying by 1.2 month and multiply the resulting The provisions of this section shall apply the simple average as computed by the amount (computed to the nearest cent to any obligation under this subpart for market administrator of the daily whole­ per hundredweight) by the hundred­ the payment of money. sale selling prices per pound (Using the weight of milk received from each such (a) The obligation of any handler to mid-point of any price range as one producer during the month: Provided, pay money required to be paid under the price) of Grade A (92-score) bulk That payment under this paragraph due terms of this subpart shall, except as creamery butter at Chicago as reported any producer who has given authority provided in paragraphs (bv) and (c) of by the Department during the month, , to a cooperative association to receive this section, terminate two years after dividing the resulting sum by 10, and payments for his milk shall be distrib­ the last day of the calendar month dur­ rounding to the nearest one-tenth of a uted to such cooperative association if ing whjch the market administrator cent. the cooperative association requests re­ receives the handler’s utilization report (b) Location differential: For milk ceipt of such payment. oh the milk involved in such obligation, which is received from producers at an § 919.86 Adjustment of accounts. unless within such two-year period the approved plant located more than 100 Whenever audit by the market adminis­ market administrator notifies the han­ miles by the shortest highway distance, trator of any handler’s reports, books, dler in writing that such money is due as determined by the market administra­ records, or accounts discloses errors re­ and payable. Service of such notice tor, from the Courthouse in Dodge City, sisting in money due: shall be complete upon mailing to the Kansas, there shall be deducted 7.5 cents (a) The market administrator from handler’s last known address, and it shall Per hundredweight of milk if such plant such handler; contain but need not be limited to, the is located more than 100 miles but not (b) Such handler from the market ad­ following information: more than 110 miles from such court­ ministrator; or, (1) The amount of the obligation; house, and an additional 1.5 cents for (c) Any producer or cooperative asso­ (2) The month (s) during which the each 10 miles or fraction thereof that ciation from, such handler, the market milk, with respect to which the obliga­ such distance exceeds 110 miles. • administrator shall promptly notify such tion exists, was received or handled; and, handler of any amount so due and pay­ (3) If the obligation is payable to one § 919.82 Producer-settlement fund. ment thereof shall be made on or before or more producers or to an association The market administrator shall estab­ the next date for making payments set of producers, the name of such produc­ lish and maintain a separate fund known forth in the provisions under which error er (s) or association of producers, or if as the “producef-settlement fund,” into occurred. the obligation is payable to the market which he shall deposit all payments made § 919.87 Marketing services, (a) Ex­ administrator, the account for which it by handlers pursuant to §§ 910.83 and cept as set forth in paragraph (b) of this is to be paid. 3458 PROPOSED RULE MAKING (b) If a handler fails or refuses, with designate, shall, if so directed by the terials; Dutch Elm Disease; and Cut respect to any obligation under this Secretary, liquidate the business of the Flowers, in Part 319, Title 7, Code of subpart, to make available to the market market administrator’s office, dispose of Federal Regulations (7 CFR 319.8 et seq., administrator or his representatives all all property in his possession or control, 319.19, 319.24 et seq., 319.28, 319.37 et books and records required by this sub­ including accounts receivable, and exe­ seq., 319.41 et seq., 319.55 et seq., 319.56 part to be made available, the market cute and deliver all assignments or other et seq., 319.59 et seq., 319.69 et seq., 319.70 administrator may, within the two-year instruments necessary or appropriate to et seq., and 319.74 et seq.), and Part 353, period provided for in paragraph (a) effectuate any such disposition. If a liq­ • Sanitary Export Certification, in Title 7, of this section, notify the handler in uidating agent is so designated, all as­ Code of Federal Regulations, pursuant writing of such failure or refusal. « If sets, books, and records of the market to sections 1, 5, 7, 8, and 9 of the Plant the market administrator so notifies a administrator shall be transferred Quarantine Act of 1912, as amended (7 handler, the said two-year period with promptly to such liquidating agent. If, U. S. C. 154, 159, 160, 161, 162), sections respect to such obligation shall not begin upon such liquidation, the funds on 103 and 106 of the Federal Plant Pest to run until the first day of the calendar hand exceed the amounts required to Act of May 23, 1957 (Pub. Law 85-36; 71 month following the month during which pay outstanding obligations of the office Stat. 32, 33), and section 102 of the -all such books and records pertaining to of the market administrator and to pay Department of Agriculture Organic Act such obligation are made available to necessary expenses of liquidation and of 1944 (7 U. S. C. 147a). The proposed the market administrator or his repre­ distribution, such excess shall be dis­ amendments relate to the correlation of sentatives. tributed to contributing handlers and the quarantines, regulations, and orders (c) Notwithstanding the provisions of producers in an equitable manner. set forth in the above-mentioned parts paragraphs (a) and (b) of this section, and subparts with a proposed current a handler’s obligation under this sub­ MISCELLANEOUS PROVISIONS extension of plant quarantine operations part to pay money shall not be termi­ § 919.100 Agents. The Secretary to Guam. . nated with respect to any transaction may, by designation in writing, name This notice provided that all persons involving fraud or willful concealment any officer or employee of the United who desired to submit written data, of a fact material to the obligation, on States to act as his agent or representa­ views, or arguments in connection with the part of the handler against whom tive in connection with any of the provi­ this matter should file the same with the the obligation is sought to be imposed. sions of this subpart. Director of the Plant Quarantine Divi­ (d) Any obligation on the part of the § 919.101 Separability of provisions. sion, Agricultural Research Service, market administrator to pay a handler If any provision of this subpart or its United States Department of Agriculture, any money which such handler claims application to any person or circum­ Washington 25, D. C., within 38 days to be due him under the terms of this stances, is held invalid, the application of after the date of publication in the F ed­ subpart shall terminate two years after such provision and the remaining pro­ eral R egister. In response to the invita­ the end of the month dinring which the visions of this subpart, to other persons tion for comments, the Department has milk involved in the^claim was received been requested to defer final action on if an underpayment is claimed, or two or circumstances, shall not be affected thereby. the proposal for 60 days to allow suffi­ years after the end of the month during cient time for all/in interest to prepare which the payment (including deduction [F. R. Doc. 58-3782; Filed, May 20, 1958; and submit their comments. or setoff by the market administrator) 8:46 a. m.] Notice is hereby given that all data, was made by the handler if a refund views, and arguments concerning the on such payment is claimed, unless such proposed amendments which have been handler, within the applicable period of received or which are received within 60 time, files, pursuant to section 8c (15) Agricultural Research Service days after the date of the publication (A) of the act, a petition claiming such of this notice in the F ederal R egister money. [ 7 CFR Parts 301, 319, 353 1 will be considered in connection with the EFFECTIVE TIME, SUSPENSION, OR D omestic and F oreign 'Q uarantine final determination with respect to this TERMINATION N otices and S anitary E xport Certifi­ matter. § 919.90 Effective time. The provi­ cation Done at Washington, D. C., this 16th sions of this subpart, or of any amend­ GUAM day of May 1958. ment to this subpart, shall become On April 15, 1958, there was published [seal] M. R . Clarkson, effective at such time as the Secretary in the F ederal R egister (23 F. R. 2428), Acting Administrator, may declare and shall continue in force under section 4 of the Administrative Agricultural Research Service. until suspended or terminated, pursuant Procedure Act (5 U. S. C. 1003), a notice to § 919.91. of rule making relating to the proposed [F. R. Doc. 58-3820; Filed, May 20, 1958; 8:53 a. m.] § 919.91 Suspension or termination. amendment of the subparts Hawaiian The Secretary may suspend or terminate Fruits and Vegetables; Sugarcane; this subpart or any provision of this Sweetpotatoes ; Gypsy Moth and Brown- FEDERAL COMMUNICATIONS subpart whenever he finds this subpart Tail Moth; Territorial Cotton, Cotton­ or any provision of this' subpart ob­ seed, and Cottonseed Products; Japanese COMMISSION structs or does not tend to effectuate Beetle; Pink Bollworm; Fruits and the declared policy of the act. This sub­ Vegetables from Puerto Rico or Virgin [ 47 CFR Part 3 1 part shall terminate in any event when­ Islands; Sand, Soil, or Earth, with Plants [Docket No. 12065] ever the provisions of the act authorizing from Territories and Insular Possessions ; It ceases to be in effect. Mexican Fruit Fly; White Fringed Bee­ T elevision B roadcast S tations, Lafa- tle; Khapra Beetle; European Chafer; yette-T erre H aute, I nd.; T able of § 919.92 Continuing obligations. If, Mediterranean Fruit fly; Soybean Cyst A ssig nm ents upon the suspension or termination of Nematode; and Witch weed, in Part 301, any or all provisions of this subpart, Title 7, Code of Federal Regulations (7 order extending time for filing re­ there are any obligations under this sub­ CFR 301.13 et seq., 301.16, 301.30 et seq., spo nses TO petitio n for reconsidera­ part the final accrual or ascertainment 301.45 et seq., 301.47 et seq., 301.48 et seq., tio n of which requires further acts by any 301.52 et seq., 301.58 et seq., 301.60, 301.64 In the matter of amendment of § 3.606 person (including the market adminis­ et seq., 301.72 et seq., 301.76 et seq., 301.77 Table of assignments, Television Broad­ trator) , such further acts shall be per­ et seq., 301.78 ^et seq., 301.79 et sèq., and cast Stations, (Lafayette-Terre Haute, formed notwithstanding such suspension 301.80 et seq.) ; the subparts Foreign Indiana) ; Docket No. 12065. or termination. Cotton and Covers; Citrus Canker and 1. The Commission has before it for § 919.93 Liquidation. Upon the sus­ Other Citrus Diseases; Corn Diseases; consideration a motion Wed on May 12, pension or termination of the provisions Citrus Fruits ; Nursery Stock, Plants, and 1958,, by Plains Television Corporation, of this subpart except this section, the Seeds ; Indian Corn or Maize, Broomcorn, licensee of Station WICS on Channel 20 market administrator, or such other liq­ and Related Plants; Rice; Fruits and at Springfield, Illinois, requesting^ the uidating agent as the Secretary may Vegetables; Flag Smut; Packing Ma­ Commission to extend the time for filing Wednesday, May 21, 1958 FEDERAL REGISTER 3459 responses to a Petition for Rehearing and fayette Broadcasting, Inc., has advised tion for Rehearing and Reconsideration Reconsideration filed in the above- that he does not object to the extension of Lafayette Broadcasting, Inc., is ex­ mentioned proceeding on May 7,1958, by of time requested. tended from May 20, 1958, to June 9, Lafayette Broadcasting, Inc., licensee of 3. The Commission believes that good 1958. Station WFAM-TV on Channel 59 at cause for an extension of time for filing Lafayette, Indiana, from May 20,1958, to a response to the above-mentioned peti­ Adopted: May 14, 1958. June 9, 1958. tion has been established and that such Released: May 15, 1958. 2* In support of its request, Plains extension will serve the public interest, Television states that the additional time convenience and necessity. F ederal C ommunications requested is needed because of the illness 4. In view of the foregoing: It is or­ C o m m is s io n , of counsel who has been primarily re­ dered, That the Motion lor Extension of [ se a l ] M ary J ane M o r r is, sponsible for handling the presentation Time of Plains Television Corporation Secretary. of its position in this proceeding. The is granted, and that the time for filing [P. R. Doc. 58-3808; Filed, May 20, 1958; movant also states that counsel lo r La­ responses to the above-mentioned Peti­ 8:51 a. m.]

NOTICES

DEPARTMENT OF THE INTERIOR occupancy or disposition until they have Persons claiming veteran’s preference been classified. rights under Paragraph a (2) abbve must Bureau of Land Management Subject to any existing valid rights and enclose with their applications proper [Serial Nos. Idaho 07697, 07869, 08053] the requirements, of applicable law, the evidence of military or naval service, above-described lands are hereby opened preferably a complete photostatic copy I daho to filing of applications, selections, and of the certifibate of honorable discharge. J ORDER PROVIDING FOR OPENING OF PUBLIC locations in accordance with the fol­ Persons claiming preference rights based LANDS lowing: upon valid settlement, statutory prefer­ a. Applications and selections under ence, or equitable claims must enclose M ay 13,1958. the nonmineral public land laws and ap­ properly corroborated statements in sup­ The State of Idaho has certified that plications and offers under the mineral port of their applications, setting forth the hereinafter-described lands patented leasing laws may be presented to the all facts relevant to their claims. De­ to the State under the provisions of sec­ Manager mentioned below, beginning on tailed rules and regulations governing tion 4 of the act of August 18, 1894 (28 the date of this order. Such applications, applications which may be filed pursuant Stat. 422, 43 U. S. C. 641), as amended, selections, and offers will be considered to this notice can be found in Title 43 commonly known as the Carey Act, have as filed on the hour and respective dates of the Code of Federal Regulations. not been reclaimed as required by the shown for the various classes enumer­ Inquiries concerning these lands shall Carey Act and that water is not available ated in the following paragraphs: be addressed to the Manager, Land Of­ for the irrigation of these tracts. The (1) Applications by persons having fice, Bureau of Land Management, P. O. State of Idaho therefore, has reconveyed prior existing valid settlement rights, Box 2237, Boise, Idaho. the lands to the United States: preference rights conferred by existing J . R . P e n n y , Boise Meridian, Idaho laws, or equitable claims subject to allow­ ance and confirmation will be adjudi­ State Supervisor. T. 4 S., R. 3 E., Sec. 29, Lot 4, ^ " cated on the facts presented in support [F. R. Doc. 58-3784; Filed, May 20, 1958; Sec. 30, Lots 6, 7, N>/2 SE%. of each claim or right. All applications 8:46 a. m.] T. 5 S., R. 4 E., presented by persons other than those Sec. 18, SE%SW^; referred to in this paragraph will be sub­ Sec. 19, NW^NE‘/4, NE^4NW*/4; ject to the applications and claims men­ Sec. 20,Ei/2SW%; tioned in this paragraph. I daho Sec. 29, NE]4NW}4, W'/iNW^. (2) All valid applications under the T. 9 S., R. 18 E., Homestead, Desert Land, and Small NOTICE OF PROPOSED WITHDRAWAL AND Sec. 32, Lots 7 and 8. Tract Laws by qualified veterans of RESERVATION OF LANDS T. 10 S., R. 18 E., World War II or of the Korean Conflict, Sec. 10, Lots 4 and 5; M ay 13, 1958. Sec. 11, Lots 3.4, 7,8, NW&SW1^; and by others entitled to preference Sec. 12, Lots 2,6 and 7. rights under the act of September 27, The Bureau of Reclamation has filed T. 10 S., R. 19 EL, 1944 (58 Stat. 747; 43 U. S. C. 279-284 as an application, Serial No. Idaho 08956, Sec. 15, Lot 3; amended), presented prior to 10:0O a. m., for the withdrawal of the lands described Sec. 24, Lot 3; on June 18, 1958, will be considered as belov^, from all forms of appropriation, Sec. 25, Lot 2; simultaneously filed at that hour. Rights as, provided by section 3 of the act of Sec. 26, SE%SE^. under such preference right applications June 17, 1902 (32 Stat. 388). j Within the above-described areas are filed after that hour and before 10:00 The applicant desires the land for a 1,081.21 acres of public lands. a. m. on September 17, 1958, will be gov­ pumping plant and appurtenant works. The land involved is typical of dry- erned by the time of filing. For a period of thirty days from the grazing land in the Snake River plain of (3) All valid applications and selec­ date of publication of this notice, per­ Idaho. The land has mainly shallow soil tions under the nonmineral public land sons having cause may present their ob­ with rock outcroppings. The vegetative laws, other than those coming under jections in writing to the undersigned cover is typical of the area and is prin­ paragraphs (1) and (2) above, and ap­ official of the Bureau of Land Manage­ cipally greasewood, shadscale, bud-sage, plications and offers under the mineral ment, Department of the Interior, Land and russian thistle. leasing - laws, presented prior to 10:00 Office, P. O. Box 2237, Boise, Idaho. No application for these lands will be If circumstances warrant it, a public a. m., on September 17,1958, will be con­ hearing will be held at a convenient time allowed under the homestead, desert- sidered as simultaneously filed at that land small-tract, or any other nonmin­ and place, which will be announced. eral public-land law, uriless the lands hour. Rights under such applications The determination of the Secretary on have already been classified as valuable, and selections filed after that hour will the application will be published in the or suitable for such type of application, be governed by the time of filing. F ederal R egister. A separate notice or shall be so classified upon considera­ b. The lands will be open to location will be sent to each interested party of tion of an application. Any application under the United States mining laws, record. r' that is filed will be considered on its beginning 10:00 a. m., on September 17, The lands involved in the application I merits. The lands will not be subject to 1958. are:

■ 3460 NOTICES

Boise Meridian, Idaho rental of coops to the live poultry indus­ ATOMIC ENERGY COMMISSION T. 6 N., R. 3 W., try, unless changed by further order be­ Sec. 10; E i/aS E ^ S W ^ , W&SW*,4SE%. fore the latter date. [Docket No. F-^4] On April 25, 1958, the respondents Above areas aggregate 40 acres. filed a petition requesting that the cur­ N aval R esearch L aboratory J . R . P e n n y , rent rate order be modified to permit NOTICE OF AMENDMENT TO FACILITY State Supervisor. them to increase the rental charge for LICENSE NO. R—5 IP. R. Doc. 58-3785; Piled, May 20, 1958; coops from 94 cents to 97 cents per coop. 8:47 a. m.] * The respondents further requested that Please take notice that the Atomic such proposed rate increase be made Energy Commission has issued an effective as soon as possible, and that it amendment to Facility License No. R-5. DEPARTMENT OF AGRICULTURE remain in effect until such time as it is The amendment increases both the allo­ deemed necessary to change the' same. cation of special nuclear material to Agricultural Marketing Service The effect of such increase in the rate Naval Research Laboratory for use in [P. & S. Docket No. 143] for coop rental, if authorized, would be connection with its reactor and the li­ to increase the revenue of the respond­ censee’s authorization to receive and M arket A gencies at O maha U n io n S tock ents. It appears, therefore, that public possess special nuclear material for such Y ards notice of the filing of the petition and its use from 5.006 kilograms of contained NOTICE OF PETITION FOR MODIFICATION OF contents should be given in order that uranium 235 to 14.2 kilograms of con­ RATE ORDER all interested persons may have an tained uranium 235, and authorizes a opportunity to indicate a desire to be schedule of transfers of special nuclear Pursuant to the provisions of the heard in the matter. material from the Commission to Naval Packers and Stockyards Act, 1921, as All interested persons Who desire to be Research Laboratory and from Naval amended (7 U. S. C. 181 et seq.); an order heard in the matter shall notify the Research Laboratory to the Commission. was issued on October 15, 1957 (16 A. D. Hearing Clerk, United States Depart­ In accordance with the Commission’s 965), which, as modified by an order is­ ment of Agriculture, Washington 25, rules of practice (10 CFR Part 2), the sued on February 7, 1958 (17 A. D. 85), D. C., within 15 days after publication of Commission will direct the holding of a authorizes the respondents, Market this notice in the F ederal R eg ister. formal hearing on the matter of the is­ Agencies at Omaha Union Stock Yards, suance of the license amendment upon Omaha, Nebraska, to assess the current Done at Washington, D. C., this 15th receipt of a request therefor from the schedule of rates and charges to and day of May 1958. licensee or an intervener within 30 days including August 31, 1959, unless modi­ [ seal] D avid M . P e'tttjs, after the filing of this notice with the fied or extended before that date. Director, Federal Register Division. For further On April 29, 1958, a petition was filed Livestock Division, details see the application for license at on behalf of the respondents requesting Agricultural Marketing Service. the Commission’s Public Document authority to modify the current sched­ Room, 1717 H Street NW., Washington, ule of rates and charges by increasing [P. R. Doc. 58-3819; Filed, May 20, 1958; D. C. the “Ante Mortem Inspection Charges” 8:53 a. m.] for “Hogs” from 1 cent per head to IVz Dated at Germantown, Md., this 12th cents per head; day of May 1958. The modification, if authorized, will For the Atomic Energy Commission. produce additional revenue for the re­ Agricultural Research Service spondents and increase the cost of H. L. P rice, D irector, A dministrative S ervices Director, Division of marketing livestock. Accordingly, it D iv is io n appears that this public notice of the Licensing and Regulation. filing of the petition and its contents delegation of a u th o r it y to m ake and execute research contracts and grants [P. R. Doc. 58-3777; Filed, May 20, 1958; should be given in order that all inter­ 8:45 a. m.] ested persons may have an opportunity Pursuant to the authority vested in the to indicate a desire to be heard-in the Administrator, Agricultural Research matter. Service, by the Secretary of Agriculture, All interested persons who desire to be under Secretary’s Order of December 24, [Docket No. 50-106] heard in the matter shall notify the 1953 (19 F. R. 74), authority to make Hearing Clerk, United States Depart­ grants under section 104 of the Agricul­ O regon S tate C ollege ment of Agriculture, Washington 25, tural Trade Development and Assistance D. C., within 15 days after the publica­ NOTICE OF APPLICATION FOR UTILIZATION Act of 1954 (68 Stat. 456; 7 U. S. C. 1704) FACILITY LICENSE tion of this notice. and to execute all research contracts (in­ Done at Washington, D. C., this 15th cluding RMA contracts) is delegated to Please take notice that Oregon State day of May 1958. the Director or Acting Director, Adminis­ College, Corvallis, Oregon, under section trative Services Division, Agricultural 104c of the Atomic Energy Act of 1954, [ sea l! D avid M . P e t t u s , Research Service. Director, as amended, filed an application dated The authority herein delegated may April 29, 1958, for a license to acquire, Livestock Division, not be redelegated. Agricultural Marketing Service. possess and operate on the College’s This delegation of authority amends campus a 100-milliwatt research reactor. [F. R. Doc. 58-3818; Piled, May 20, 1958; “Notice of Organization, Functions, and 8:53 a. m.J Authorities of the Agricultural Research The reactor is designated by the manu­ Service”, effective February 21/1957 (22 facturer, Aerojet-General Corporation, F. R. 2679), and is to be exercised in con­ as Model AGN-201, Serial No. 114. A nection with general responsibility for copy of the application is on file in the IP. & S. Docket Nos. 553, 554, 555] the administrative aspects of the re­ AEC Public Document Room located at N e w J e r se y C oop C o m pa n y , I n c ., e t al, search programs assigned to the Agri­ 1717 H Street NW., Washington, D. C. cultural Research Service as outlined NOTICE OF PETITION FOR MODIFICATION therein. Dated at Germantown, Md., this 12th OF RATE ORDER day of May 1958. Done at Washington,-D. C., this 15th Pursuant to the provisions of the For the Atpmic Energy Commission. Packers and Stockyards Act, 192i, as day of May 1958. H. L. P rice, amended (7 U. S. C. 181 et seq.), an order [ seal] B. T. S haw , was issued on December 26,1956 (15 A. D. Administrator, ^ Director, Division of 1321), authorizing the respondents to •Agricultural Research Service. Licensing and Regulation. assess to and including December 31, [P. R. Doc. 58-3783; Piled, May 20, 1958; [P. R. Doc. 58-3778] Piled, May 20, 1958; 1958, a charge of 94 cents per coop for the 8:46 à. m.] 8:45 a. m.] Wednesday, May 21, 1958 FEDERAL REGISTER 3461

[D ocket No. 50—T1J § 1.111 of the rules of the Commission, all [Docket Nos. 12315-12316; FCC 58M-508] parties to the above-entitled proceeding, A CP I n d u st r ie s, I n c . S h e ffie l d B roadcasting C o . and or their counsel, are directed to appear J . B . F alt, J r. NOTICE OF ISSUANCE OF FACILITY EXPORT for a prehearing conference at the offices LICENSE of the Commission in Washington, D. C. ORDER CONTINUING HEARING CONFERENCE on May 23, 1958, at 10:00 o’clock a. m., In re applications of Iralee W. Benns, Please take notice that no request for for the purpose of considering, among tr/as Sheffield Broadcasting Co., Shef­ formal hearing having been filed follow­ other things, the matters specified in said field, Alabama; Docket No. 12315, File ing filing of notice of proposed action section of the rules. with the Federal Register Division, the No. BP-11130; J. B. Fait, Jr., Sheffield, Released: May 16, 1958. Alabama; Docket No. 12316, File No. BP- Atomic Energy Commission this date 11559; for construction permits. issued License No. XRr-19 to ACF Indus­ F ederal C ommunications The Hearing Examiner having under tries, Incorporated, authorizing the ex­ C o m m is s io n , consideration “Motion For Continuance” port of a 30,000 kilowatt tank-type [ se a l ] M ary J ane M o r r is, filed herein on behalf of J. B. Fait, Jr., materials testing and research reactor Secretary. . on May 7, 1958; to Aktiebolaget Atomenergi, Studsvik It appearing that said motion requests Administration, Tystberga, Sweden. The [F. R. Doc. 58-3809; tfiled, May 20, 1958; 8:51 a. m.] that the time for exchange of exhibits notice of proposed issuance of this li­ constituting the direct case herein be cense was published in the F ederal extended from May 22, 1958, to June 23, R egister on April 26, 1958, 23 F. R. 2819. 1958, and that the date of the further Dated at Germantown, Md., this 14th [Docket No. 11788 etc.; PCC 58M-495] pre-hearing conference now scheduled day of May 1958. for June 3, 1958, be continued to July 8, J am es W. M iller et al. 1958; > For the Atomic Energy Commission. ORDER SCHEDULING HEARING It further appearing that David S. H. L. P ricis, Stevens, counsel for Fait and primarily Director, Division of In re applications, of James W. Miller, responsible for the preparation and trial Licensing and Regulation. Milford, Connecticut; Docket No. 11788, in this proceeding, is presently recuper­ File No. BP-10500; „Orange County ating from surgery and good cause exists [F. R. Doc. 58-3779; Filed, May 20, 1958; Broadcasting Corporation (WGNY), why said motion should be granted; 8:45 a. m.] Newburgh, New York; Docket No. 12411, It is therefore ordered, This 15th day File No. BP-11365; Vincent de Lauren- of May 1958, that the “Motion For Con­ DEPARTMENT OF COMMERCE tis, Hamden Connecticut; Docket No. tinuance” filed herein on behalf of J. B. 12412, File No. BP-11607; Albert L. Cap- Fait, Jr., be, and the same is hereby, Office of the Secretary staff, tr/as Eastern .States Broadcasting granted and that the exchange of ex­ Co.. Hamden, Connecticut; Docket No. hibits is set f6r June 23, 1958, and the G eorge L. W il s o n 12413, File No. BP-11760; for construc­ prehearing conference herein is contin­ tion permits. ued to July 8, 1958. STATEMENT OF CHANGES IN FINANCIAL It is ordered, This 12th day of May Released: May 16, 1958. INTERESTS 1958, that Annie Neal Huntting will pre­ In accordance with the requirements side at the hearing in the above-entitled F ederal Communications of section 710 (b) (6) of the Defense proceeding which is hereby scheduled to C o m m is s io n , Production Act of 1950, as amended, and commence on July 16,1958, in Washing­ [ se a l ] M ary J ane M o r r is, Executive Order 10647 of November 28, ton, D. C. Secretary. 1955, the following changes have taken Released: May 14, 1958.. [F. R. Doc. 58-3812; Filed, May 20, 1958; place in my financial interests as re­ 8:52 a. m.] ported in the F ederal R egister of May F ederal C ommunications 5, 1956, 21 F. R. 3030; November 1, 1956, C o m m is s io n , 21F. R. 8372; May 14,1957, 22 F. R. 3396; [ sea l] M ary J ane M o r r is, [Docket No. 12410; FCC 58M-491] November 20, 1957, 22 F. R. 9263. Secretary. B ridgeport B roadcasting C o . (WICC) A. D eletions: None. [F. R. Doc. 58-3810; Filed, May 20, 1958; B. Additions: Foote Mineral. 8:51 a. m.] ORDER SCHEDULING HEARING This statement is made as of April 20, In re application of The Bridgeport 1958. Broadcasting Company (WICC), Bridge­ port, Connecticut; Docket No. 12410, Dated: May 15,1958. [Docket No. 12031; FCC 58M-505] File No. BP-10707; for construction G eorge L. W il s o n . permit. B irc h B ay B roadcasting C o . It is ordered, This 12th day of May [F. R. Doc. 58-3869; Filed, May 19, 1958; ORDER SCHEDULING PREHEARING CONFERENCE 1958, that Basil P. Cooler will preside 3:47 p. m.] at the hearing in the above-entitled pro­ In re application of George A. Wilson ceeding which is hereby scheduled to & L. N. Ostrander d/b as Birch Bay commence on July 18, 1958, in Wash­ fed er a l communications Broadcasting Company, Blaine, Wash­ ington, D. C. COMMISSION ington; Docket No. 12031, File No. BP- 10848; for construction permit. Released: May 14,1958. [Docket No. 11569; FCC 58M-506] It is ordered, This 15th day of May F ederal Communications W illiamsport R adio B roadcasting 1958, that a prehearing conference in C o m m is s io n , A sso c ia t es, I n c . (WARC) the above-entitled proceeding will be [ sea l] M a r y J ane M o r r is, held on June 5, 1958, at 10:00 a. m., in Secretary. ORDER SETTING PREHEARING CONFERENCE the offices of the Commission, Washing­ [F. R. Doc. 58-3814; Filed, May 20, 1958; In re applications of Williamsport ton, D. C. 8:52 at m.] R3dio Broadcasting Associates, Inc. (WARC), Milton, Pennsylvania; Docket Released: May 16, 1958. [Docket No. 12416 etc.; FCC 58M-492] No. 11569, File No. BP-9856; for con­ F ederal Communications struction permit; for modification of Co m m is s io n , N ic k J . C haconas et al. sea l a r y a n e o r r is construction permit; Docket No. 12405, [ ] M J M , order sc h e d u l in g h earing Fne No. BMP-7903. Secretary. . is ordered, This 15th day of May In re applications of Nick J. Chaconas, [F. R. Doc. 58-3811; Filed, May 20, 1958; Gaithersburg, Maryland; Docket No. 958, that, pursuant to the provisions of 8:52 a. m.] 12416, File No. BP-10996; I. T. Cohen 3462 NOTICES 11870; Prairie Field, Hansford County, Tex.; and Anne H, Cohen, d/b as Tri-County FEDERAL POWER COMMISSION Panhandle Eastern Pipe Line Company. Broadcasting Company, Laurel, Mary­ ' [Docket No. 0-9278] 11912; Cameron Field, Cameron Parish, La.; land; Docket No. 12417, Pile No. BP- American Louisiana Pipe Line Company. 11309; The Eleven Fifty Corp., Capitol A lfred C. G lassell, J r., et al. 11913; Piedre Lumbre Field, Duval County, Heights, Maryland; Docket No. 12418, CHANGE IN TITLE DESIGNATION Tex.; Tennessee Gas Transmission Company. File No. BP-11379; TCA Broadcasting 11915; Keyes Field, Cimarron County, Corporation, College Park, Maryland; M ay 15, 1958. Okla.; Colorado Interstate Gas Company. 11934; Frnka Field, Colorado County, Tex.; Docket No. 12419, File No. BP-11741; for In the Notice Fixing Date for Hearing, Tennessee Gas Transmission Company. construction permits. issued April 28, 1958, and published in 11953; Clear Creek Field, Beauregard It is ordered, This 12th day of May the F ederal R egister on May 2,1958 (23 Parish, La.; Trunkline Gas Company. 1958, that.Thomas H. Donahue will pre­ F. R. 2976), the title of this proceeding 11955; San Carlos Field, Hidalgo County, side at the hearing in the above-entitled designated in the notice issued herein Tex.; Trunkline Gas Company. proceeding which is hereby scheduled to on April 28, 1958, is corrected to read: 11956; Chalkley Field, Cameron Parish, La.; commence on July 14, 1958, in Wash­ Alfred C. Glassell, Jr., et al. United Fuel Gas Company. 11985; Gum Cove Field, Cameron Parish, ington, D. C. [seal] J oseph H. G utride, La.; United Fuel Gas Company. Released: May 14, 1958. Secretary. 11986; Rodessa Field, Marion County, Tex.; Arkansas Louisiana Gas Company. F ederal Communications [F. R. Doc. 58-3797; Filed, May 20, 1958; 11987; Bearhead Creek Field, Beauregard Com m ission, x 8:49 a. m.] Parish, La.; Trunkline Gas Company. [ seal] M ary J ane M orris, 11998; Willow Springs Field, Gregg County, Secretary. Tex.; Texas Eastern Transmission Corpora­ [Docket No. G-11860 etc.] tion. JP. R. DOC. 58-3815; Filed, May 20, 1958; 11999, 12093; Camrick Field, Texas County, 8:52 a. m.] M agnolia P etroleum Co. et al. Okla.; Natural Gas Pipeline Company of NOTICE OF APPLICATIONS AND DATE OF America. HEARING ! 12081; jSun Field, Starr County, Tex.; Ten­ nessee Gas Transmission Company. [Docket No. 12421; FCC 58M-507] M ay 15, 1958. 12085; Bethany Field, Panola County, Tex.; In the matters of Magnolia Petroleum Tennessee Gas Transmission Company. M ecklenburg B roadcasting Co. 12088; Fox-Graham Field, Stephens Coun­ Company, Operator; Docket Nos. G- ty, Okla.; Lone Star Gas Company. notice scheduling prehearing 11860,1 G-11861,2 G-11912,4 G-11913,5 12091; Monument Field, Lea County, CONFERENCE G-11953;7 Magnolia Petroleum Com­ N. Mex.; Permian Basin Pipeline Company. pany, Docket Nos. G-11862,3 G-11870, 12096; Greenwood Field, Morton County, In re application of John L. Cole, Jr„ G-11915,8 G-11934, G-11955, G-11956,8 Kans.; Colorado Interstate Gas Company. tr/as Mecklenburg Broadcasting Com­ G—11985, G-11986,® G-11987, G-11998,10 12097; Karon Field, Live Oak County, Tex.; pany, Chase City, Virginia; Docket No. G-11999,11 G-12081, G-12085,12 G-12088,1* Texas Eastern Transmission Corporation. 12421, File No. BP-11275; for construc­ 12100; Hugoton Field, Seward County G-12091,14 0-12093,“ G-12096,16 G- Kans.; Northern Natural Gas Company. tion permit. 12097,77 G-12100,18 G-12101,12 G-12102,20 12101; Hugoton Field, Haskell County, A prehearing conference will be held G-12584—G-12586, incl., G-12587,21 G- Kans.; Cities Service Gas Company. Wednesday, June 4, 1958, at 10 a. m., in 12588—G-12594, incl., G-12654—G- 12102; South Glenwood Field, Beaver the offices of the Commission, Washing­ 12656, incl.; Monsanto Chemical Com­ County, Okla.; Cities Service Gas Company. ton, D. C. pany, Docket No. G-12639; Sinclair Oil & •12584, 12585, 12586; Bethany Field, Panola Dated: May 15, 1958. _ Gas Company, Docket No. G-12642; County, Tex.; United Gas Pipe Line Company. Cabot Carbon Company, Docket No. G- 12587; Carthage Field, Panola County, Tex.; Released: May 16, 1958. United Gas Pipe Line Company. 12643; Gulf Oil Corporation, spocket No. 12588; Lisbon Field, Claiborne Parish, La.; F ederal Communications G-12649 ; Murchison Trusts, Operator, et United G£s Pipe Line Company. C o m m issio n, al., Docket No. G-12651;22 Edwin L. Cox, 12589; Sligo Field, Bossier Parish, La.; [ seal] M ary J ane M orris, Docket No. C-r-12688;23 Warren Petro­ United Gas Pipe Line Company. Secretary. leum Company (now Gulf Oil Corpora­ 12590, 12591, 12592, 12593; Monroe Field, tion), Docket No. G-12696; Sinclair Oil Ouachita Parish, La.; United Gas Pipe Line [F. R. Doc. 58-3816; Filed, May 20, 1958; Company. 8:52 a. m.] 6 Gas Company, Operator, Docket No. 12594; Monroe Field, Ouachita and More­ G-12698;24 Plymouth Oil Company, house Parishes, La..; United Gas Pipe Line Docket No. G-12699; William K. Davis Company. and Henry S. Puder, Docket No. G-12705. 12639; FinchainField, Meade County, Kan­ [Docket No. 12426; FCC 58M-496] Take notice that each of the above- sas and Beaver County, Okla.; Northern Natu­ designated parties, hereinafter referred ral Gas Company. .Au stin R adio Co. to as Applicants, has filed an applica­ . 12642; Stevens Field, Meade County, Kans.; tion for a certificate of public conveni­ Panhandle Eastern Pipeline Company. ORDER SCHEDULING HEARING 12643; Mocane Field, Beaver County, Okla.; ence and necessity pursuant to section Colorado Interstate Gas Company. In re application of Austin Radio Com­ 7 of the Natural Gas Act, authorizing 12649; Crosby-Devonian Pool, Lea County, pany, Austin, Texas; for construction the sale of natural gas as hereinafter N. Mex.; El Paso Natural Gas Company. permit; Docket No. 12426, File No. described, subject to the jurisdiction of, 12651; Blanco and Ignacio Fields, La Plata BP-11247. the Commission, all as more fully rep­ County, Colo.; El Paso Natural Gas Company. It is ordered, This 12th day of May resented in the respective applications 12654; Maxie-Pistol Ridge Field, Forrest 1958, that H. Gifford Irion will preside at which are on file with the Commission and Pearl River Counties, Miss.; United Gas and open to public inspection. Pipe Line Company. the'hearing in the above-entitled pro­ Applicants produce and propose to sell 12655; Bethany Field, Panola County, Tex.; ceeding which is hereby scheduled to natural gas for transportation in inter­ United Gas Pipe Line Company. commence on July 17, 1958, in Washing­ state commerce for resale as indicated 12656; Northwest Sharon Field, Barber ton, D. C. County, Kans.; Cities Service Gas Company. below. 12688; Greenwood F'ield, Morton County, Released: May 14, 1958. Docket No. G-; Location of Field; and Buyer Kans.; Panhandle Eastern Pipe Line Com­ pany* . F ederal Communications 11860; North Rhodes Field, Barber County, Kans.; Cities Service Gas Company. 12696; East Victor Field, Lincoln County, C om m ission, 11861; Hardtner Field, Barber County, Okla.; Jernigan & Morgan Transmission Com­ [ seal] M ary J ane M orris, Kans.; Cities Service Gas Company. pany. Secretary. 11862; Medicine Lodge Field, Barber Coun­ 12698; Eureka Field, Grant and Alfalfa ty, Kans.; Cities Service Gas Company. Co-unties, Okla.; Cities Service Gas Company. [F. R. Doc. 58-3817; Filed, May 20, 1958; 12699; Union District, Ritchie County, W. 8:52 a. m.] See footnotes at ehd of document. Va.; Hope Natural Gas Company. ,

V Wednesday, May 21, 1958 FEDERAL REGISTER 3463

12705; West Panhandle Field, Hutchinson * Magnolia, Operator, is filing for its inter­ Lime Formation beneath 40 acres out of the County, Tex.; Frank C. Henderson Trust #2 ests in two gas units and lists the following William Edmonson Survey, which acreage is and Elizabeth P. Henderson Trust #2. owners of working interests: part of the 200 acre A. T. Duncan Estate. “ Magnolia, nonoperator, is filing for its These matters should be heard on a working interest in the Stanolind-F. K. Lath- consolidated record and disposed of as _ Cristellaría,Np. 1 rop Unit, production from which is being sold promptly as possible under the applicable Interest owners pursuant to a ratification agreement dated rules and regulations and to that end: Sand Unit Sand Unit June 15, 1956, of a basic contract dated De­ Take further notice that, pursuant to Nor-2 No. 3 cember 9, 1955, as amended, between Arkan­ the authority contained in and subject sas Fuel Oil Corporation, seller, and Texas Magnolia Petroleum P ercent P ercen t Eastern, buyer. Both Magnolia and Texas to the jurisdiction conferred upon the Co., Operator...;____ 58.92772 79.83800 Eastern are signatory parties to the ratifica­ Federal Power Commission by sections 7 British American Oil Prod. Co______7.40098 1 1.57210 tion agreement. Arkansas Fuel received au­ and 15 of the Natural Gas Act, and the Kerr-McGee Oil Indus- thorization in Docket No. G-9789 covering Commission’s rules of practice and proce­ 3.98762 the sale of gas under the basic contract. dure, a hearing will be held on June 16, Stanolind Oil & Gas Co. 29.68368 18.05130 11 Magnolia, nonoperator, is filing for its 1958, at 9:30 a. m., e. d. s. t., in a hearing C. W. Lawrence, Jr___ .53860 working interest in the Carter-Bowles-Morris room of the Federal Power Commission, Unit, production from which is being sold In addition, Magnolia is filing for its non­ pursuant to a ratification agreement dated 441 G Street NW., Washington, D. C., operating interest.in two units as follows: March 15, 1956, of a basic contract dated concerning the matters involved in and 21.741883 percent in the Planulina Sand Unit November 7,1955, between The Carter Oil Co., the issues presented by such applica­ No. 1; 59.155412 percent in the Planulina seller, and Natural Gas Pipeline Company of tions : Provided, however, That the Com-" Sand Unit No. 2. Magnolia is the only signa­ America, buyer. Both Magnolia and buyer mission may, after a non-contested hear­ tory seller party to the gas sales contract are signatory parties to said ratification ing, dispose of the proceedings pursuant dated July 10,- 1956. agreement and Carter (Operator and owner to the provisions of § 1.30 (c) (1) or (2) 6 Magnolia, Operator, is filing for its work­ of 62.5 percent interest in subject unit) re­ ing interests in ten Duval Ranch Units and ceived authorization in Docket No. G—9765 of the Commission’s rules of practice and as operator of four of the above-mentioned covering the sale of gas under the basic procedure. Under the procedure herein units lists the following owners of working contract. provided for, unless otherwise advised, it interests: Humble Oil & Refining Company, “ Magnolia, nonoperator, is filing for its will be unnecessary for Applicants to ap­ 25 percent and 50 percent interests, respec­ working interest in the Placid Oil Co., et al„ pear pr be represented at the hearing. tively, in the Section 95 and 96 Units (Mag­ Tom Moore Unit and is the only signatory Protests or petitions to intervene may nolia, Operator, owns the remaining 75 per­ seller party to the gas sales 'contract dated be filed with the Federal Power Commis­ cent and 50 percent interests) ; The Texas April 4, 1955, as amended. Company, 48.68401 percent interest in thé 18 Magnolia is filing for its working interest sion, Washington 25, D. C., in accordance Section 203 Unit (Magnolia, Operator, owns in the A. N. Harley Unit and is the only with the rules of practice and procedure the remaining 51.31599 percent interest); signatory seller party to the gas sales con­ (18 CFR 1.8 or 1.10) on or before June and Texas Gulf Production Company 50 tract dated April 26, 1956, as amended. Pro­ 10,1958. Failure of any party to appear v percent interest in the Section 96-B Unit duction is limited to depths below 2,500 feet. at and participate in the hearing shall (Magnolia, Operator, owns the remaining 50 14 Magnolia is filing for its 50 percent work­ be construed as waiver of and concur­ percent interest). Magnolia is the only sig­ ing interest in the State “G” #1 well, pro­ rence in omission herein of the inter­ natory seller party to the basic gas sales duction from which is being sold pursuant to contract dated November 10, 1955. Two a ratification agreement dated November 30, mediate decision procedure in cases amendatory agreements dated August 25, 1955, of a basic contract dated December 30, where a request therefor is made. 1956, and October 15, 1957, add additional 1955, between General Crude Oil Co., seller, [seal! J oseph H. G utride, acreages to aforesaid basic contract. Subject and Permian, buyer. Both Magnolia and Per­ contract limits production to the Wilcox mian are signatory parties to said ratification Secretary. Zone. The ‘application states that service agreement. General Crude Oil Co. (owner * 1 Magnolia is filing for its working interests commenced under said sales contract on of remaining 50 percent interest in the sub­ in an aggregate of 880 acres and, as Operator June 18, 1956. Amendment filed December ject well) received authorization in Docket of the ' 160-acre Ryser-McGuire Unit, lis’ts 2, 1957, is a request for authorization to'sell No. G-9895 to sell gas under the basic con­ itself and Stanolind Oil and Gas Company gas under the above-mentioned amendatory tract. , as each owning a 50 percent interest there­ agreement dated October 15,' 1957. “ Magnolia, nonoperator, is filing for its in. Magnolia Is the only signatory seller ® Magnolia is filing for its 50 percent work­ working interest in the Carter-State-Sutton party to the gas sales contract dated October ing interest in the Colorado-Wilmarth Unit, Unit, production from which is being sold 25, 1956, and amendatory agreement adding production from which is being sold pur­ pursuant to a ratification agreement dated additional acreage thereto dated December suant to a ratification agreement dated January 6, 1956, of a basic contract dated 10, 1956. Application states that service August 6, 1956, of a basic contract dated May November 7, 1955, between The Carter Oil commenced under the basic contract on 6, 1954, as amended, between The Superior Co., seller, and Natural Gas Pipeline Com­ December 5, 1956. Oil Co., seller, and Colorado Interstate, buyer. pany of America, buyer. Both Magnolia and 2 Magnolia, Operator, is filing for itself and Both Magnolia and Colorado Interstate are buyer are signatory parties to said ratifica­ lists the following owners of working inter­ signatory parties to the ratification agree­ tion agreement and Carter (operator and ests in two gas units: Johnson Olson Unit- m ent. owner of remaining interest in subject unit) Magnolia, Operator, and Sinclair Oil and Gas 1 Magnolia is filing for itself and, as opera­ received authorization in Docket No. G-9765 Company; V. L. Cook Unit-Magnolia, Opera­ tor of two gas units, lists the following own­ covering the sale of gas under the basic tor, AylwarJ Drilling Company, Robert L. ers of working interests: * contract. Production is limited to the Mot- Clarke, W. p. Callahan, Jr., and William P. t o w Formation. Amendment filed August Wilke, HI; W. A. Fraser, Jr., J. R. James, Jr., McPherson McPherson 8, 1957, is a request to include in application W. F. James and C. J, Miller. In addition,“ Interest owners Central Central amendatory agreement dated March 21, 1957, Magnolia is filing for authorization to seU “B” which extends contract term from one year, natural gas from certain ununitized acreage. provided for in subject ratification agree­ Magnolia is the only signatory seller party to P ercen t P ercen t ment, to 20 years. the basic gas sales contract dated November Magnolia, Operator___ 50.353 50.353 “ Magnolia, nonoperator, is filing for its 25, 1955, and amendatory agreements adding Bel Oil Corp .. : 6.206 6.213 interest in the Champlin-Withroder Unit, additional acreages thereto dated March 7, H. L. Hunt...______43.441 43.434 production from which is being sold pursu­ July 3, and October 8, 1956. Application ant to a ratification agreement dated April states that service commenced under-subject 8 Gulf Interstate transports the subject gas 16, 1956, of a basic contract dated May 6, sales contract on January 12, 1956. Amend­ for the account of United Fuel commingled 1954, as amended, between The Superior Oil ment filed August 5, 1957, requests authori­ with its other gas supplies for redelivery into Co., seller, and Colorado Interstate, buyer. zation to sell natural ga^s under the subject United Fuel’s facilities at points in Kentucky. Both Magnolia and Colorado Interstate are amendatory agreements. Gulf Interstate received authorization in signatory parties to the said ratification 8 Magnolia is filing for its 100 percent in­ Docket No. G-2058 to construct and operate agreement. Superior received authorization terest in the F. M. Roth Lease and its 50 per­ facilities to enable it to take gas from the in Docket No. G-6178 covering the sale under cent interest in the C. E. Inslee Lease and is subject area. Production is limited by the the basic contract. the only signatory seller party to the gas sales contract to the Camerina and Cibicides “ Magnolia, nonoperator, is filing for its sales contract dated November 23, 1955, and Formations. ' working interest in the Tidewater-Slick Sand amendatory agreement adding additional ‘ Subject sales contract supersedes con­ Unit and is the only signatory seller party acreage thereto dated April 24, 1956. Appli­ tract dated February 5, 1953, between Mag­ to the gas sales contract dated August 14, cation states that service commenced under nolia and Arkansas Louisiana, and limits pro­ 1956. Gas will be delivered into the facilities subject sales contract on January 24, 1956. duction to depths below base of the Pettit of Wilcox for redelivery to Texas Eastern at No. 100------6 3464 NOTICES

Provident City, Texas. Wilcox has received plicant) filed in Docket Nos. G-14803 [Docket Nos. G-14705 and G-14764] authorization in Docket No. G—1959 to con­ and G-14804 applications for certificates D e ep S o u t h O il C o m pa n y o f T exas struct and operate facilities to enable it to of public convenience and necessity pur­ take gas from the subject area. Texas East­ suant to section 7 of the Natural Gas Act, order consolidating cases and ern transports such gas in interstate com­ po st po n in g hearing merce for resale. authorizing two proposed field sales of “ Magnolia, nonoperator, is filing for its natural gas from the San Juan 28-7 Unit, M ay 15, 1958. 25 percent working interest in the Michaelis- San Juan Basin Area, Rio Arriba County, On-March 21, 1958, the Commission Rosson Unit, production from which is being New Mexico, to El Paso Natural Gas issued in Docket No. G-14705, an order sold pursuant to a ratification agreement Company (El Paso) to be made pursuant requiring Deep South Oil Company of dated March 29, 1956, of a basic contract to two separate contracts, each dated Texas to show cause, if any there be, why dated April ' 30, 1955, between Michaelis March 12,1958, executed by and between Drilling Co.,- seller, and Northern, buyer. El Paso and Applicant, to which Appli­ it should not be required to comply with Both Magnolia and Northern are signatory all of the provisions of the Natural Gas parties to the subject ratification agreement. cant is.the sole signatory seller party. Act, including particularly sections 4 and Michaelis Drilling Co. (operator and owner Each of the subject applications covers 7 thereof, and with the Commission’s of remaining 75 percent interest in subject the proposed sale of gas produced from rules and regulations thereunder, par­ unit) received authorization in Docket No. the same 320-acre unit in which one dual ticularly §§ 154.91 through 154.102 and G-8984 covering sale under the basic con­ zone gas well is , presently located. 157.23 through 157.29; and why it should tracts which contract is subject to a prior Docket No. G-14803 covers gas produced contract dated December 21, 1945, between only from the Mesa Verde formation, not be directed to continue the sale and Republic Natural Gas Company and buyer. while Docket No. G-14804 covers gas delivery of natural gas to Texas Gas Basic contract limits production to depths produced from formations down to and Corporation. above 3,000 feet below surface. On March 26, 1958, Deep South filed “ Magnolia,, nonoperator, is filing for its including the Pictured Cliffs formation. in Docket No. G-14764, an application working interest in the Stanolind-Elliott Applicant states that it and El Paso for a certificate of public convenience Unit, and is the only signatory seller party have each a 50"percent interest in the and necessity covering its sales of natural to the gas sales contract dated June 6, 1955, subject unit, which is to be operated by which contract limits production to depths El Paso. gas to Texas Gas Corporation which are above sea level. Applicant further states that its facili­ being made pursuant to a contract dated *? Magnolia is filing for its working interest ties consist of customary lease equip­ February 15, 1952 betwéen Deep South In the Dillon-Lonker Unit, production from ment. Proposed deliveries will be made and McCarthy Chemical Co., the name which is being sold pursuant to a ratification on the subject unit and the daily con­ of which was subsequently changed to agreement dated August 22, 1956, of a basic tract delivery rate is based on the Texas Gas Corporation. contract dated July 24, 1956, between Sunray By separate orders issued April 16, Mid-Continent Oil Co., seller, and Cities allowable. 1958, in Docket No. G-14705, May 20, Service, buyer. Both Magnolia and Cities Applicant alleges that El Paso will 1958 was fixed as the date of the hearing Service are signatory parties to said ratifica­ transport the gas received from Appli­ tion agreement. cant commingled with its other gas sup­ in those proceedings and Texas Gas Cor­ 21 Applicant, nonoperator, is filing for au­ plies for sale in other states and El poration and Texas Eastern Transmis­ thorization to sell natural gas from its inter­ Paso’s facilities required to enable it to sion Corporation were permitted to ests in the following gas units: 3.132 percent take from the subject area were author­ intervene. Interest in the Thompson; 1.9069 percent ized in Docket No. G-1177. The Commission finds: It is necessary Interest in the Morgan; 20 percent interest These matters should be heard on a and appropriate in the public interest In the Hull “A”; .2390 percent interest in the and to aid in the enforcement of the Hull “B” and 17.6467 percent interest in the consolidated record and disposed of as U n ion -H u ll '‘A -4”. promptly as possible under the applica­ provisions of the Natural Gas Act that 22 Murchison Trusts, Operator, acting ble rules and regulations and to that the proceedings in Docket Nos. G-14705 through its Trustee, Holman Jenkins, is fil­ end:.- and G-14764 be consolidated for hearing ing for itself and on behalf of nonoperator, Take further notice that, pursuant to and disposition and that the hearing be H. K. Riddle, for their interests in 362 acres. the authority contained in and subject to postponed as hereinafter ordered. Applicant also filing, as nonoperator, for the jurisdiction conferred upon the Fed­ The Commission orders: Its interest in an additional 38,754 acres eral Power Commission by sections 7 and (A) The proceedings in Docket No. Frank À. Schultz will acquire an undivided G-14705 and Docket No. G-14764 are one-fourth interest in and to the interest 15 of the Natural Gas Act, and the Com­ of Murchison Trusts when Applicant hâs mission’s rules of practice and procedure, hereby consolidated for the purposes of recovered from the sale of gas produced its a hearing will be held on June 17,' 1958, hearing and disposal. entire cost of acquisition, development and at 9:30 a. m„ e. d. s. t., in a hearing room (B) The hearing ip. the consolidated operation. Both Holman Jenkins (Trustee of the Federal Power Commission, 441 G proceedings will be held, commencing for Murchison Trusts) and Frank A. Schultz Street NW., Washington, D. C., concern­ June 3, 1958, at 10:00 a.'in., e. d. t., in a are signatory parties to the gas sales contract ing the matters involved in and the issues ^hearing room of the Federal Power Com­ dated November 11, 1956. mission, 441 G Street NW., Washington, 29 Edwin L. Cox, nonoperator, is filing for presented by such applications; Pfo- his interest in the Balman Unit, production vided, horbever, That the Commission D. C., concerning the matters, and issues from which is proposed to be sold under an may, after a non-contested hearing, dis­ presented in Docket Nos. G-14705 and agreement dated January 15, 1956, ratifying pose of the proceedings pursuant to the G-14764. The heating heretofore or­ a basic contract dated November 19, 1953, as provisions of § 1.30 (c) (1) or (2) of the dered in Docket No. G-14705 is hereby amended. Both Applicant and Panhandle Commission’s rules of practice and pro­ postponed to said date. Eastern Pipe Line Company are signatory cedure. Under the procedures herein By the Commission. parties to the subject ratification agreement. provided for, unless otherwise advised it ** Sinclair Oil & Gas Company, Operator, [ seal] J o seph H . G utride, is filing for its 100 percent interest in the will be unnecessary for Applicants to Secretary. Claude Carris and G. B. Mathews Leases and, appear or be represented at the hearing. as nonoperator, for its 50 percent interest Protests or petitions to intervene may [F. R. Doc. 58-3800; Filed, May 20, 1958; in the P. J. Pinkerton Unit. Applicant is the be filed with the Federal Power Com­ 8:50 a. m.] only signatory seller party to the gas sales mission, Washington 25, D. C., in accord­ contract dated April 22, 1957. ance with the rules of practice and pro­ [F. R. Doc. 58-3798; Filed, May 20, 1958; cedure (18 CFR 1.8 or 1.10) on or before 8:49 a. m.] June 11, 1958. Failure of any party to [Docket No. G-15107] appear at and participate in the hearing G u l f O il C orp. e t al. shall be construed as waiver of and con­ ORDER FOR HEARING AND SUSPENDING [Docket Nos. G—14803, G—14804] currence in omission herein of the inter­ PROPOSED CHANGE IN RATES T e n n e s s e e G as T ransmission C o. mediate decision procedure in cases M ay 15, 1958. where a request therefore is made. NOTICE OF APPLICATIONS AND DATE OF Gulf Oil Corporation, (Operator), et HEARING [ seal! J o se p h H. G u t r id e , L (Gulf Oil), on April 15, M ay 15,1958. Secretary. lered for filing a proposed change in hs iresently effective rate schedule for sales Take notice that on April 1, 1958, Ten­ [F. R. Doc. 58-3799; Filed, May 20, 1958; nessee Gas Transmission Company (Ap­ 8:50 a. m.j f natural gas subject to the junsdic Wednesday, May 21, 1958 FEDERAL REGISTER 3465 ¿of the Commission. The proposed deferred until October 16,1958, and until hereby given that the lands hereinafter change, which constitutes an increased such further time as it is made effective described, insofar as title thereto re­ rate and charge, is contained in the fol­ in the manner prescribed by the Natural mains in the United States, are included lowing designated filing: Gais Act. - in Project No. 2112, and are from the date Description: Notice of Change, undated. (C) Neither the supplement hereby of filing of application for license, re­ Purchaser: United Gas Pipe Line Company. suspended, nor the rate schedule sought served from all forms of disposal under Rate schedule designation: Supplement to be altered thereby, shall be changed the laws of the United States until other­ No. 9 to Gulf Oil’s PTC Gas Rate Schedule until this proceeding has been disposed wise directed by the Commission or by No. 74. of or until the period of suspension has Congress: Effective date: May 16, 1958 (effective date is the firsrt day after expiration of the re­ expired, unless otherwise ordered by the Willamette Meridian quired thirty days’ notice). Commission. (D) Interested State commissions T. 7 N., R. 6 E., In support of the proposed redeter­ Sec. 1: lot 4, S%NW%, S&SEJ4, SW^; may participate as provided by,§§ 1.8 and Sec. 2: lots 1, 2, SE^NEi/i, E^SEVi; mined rate increase, Gulf Oil states that 1.37 (f) of the Commission’s rules of Sec. 11: NE^NE%, E^SE^; it is purchasing gas for its Port Arthur practice and procedure (18 CPR 1.8 and Sec. 12:.Wy2NEi4 . SE&NE14, SE^, W&J refinery from United Gas Pipe Line Com­ 1.37 (f)). Sec. 13: AUr pany (United) and that the price paid Sec. 14: S%; for such gas has increased from 14.57 By the Commission. Sec. 23: Sy2NE»4, NE^SE]4; cents per Mcf in June, 1954, to 19.62 [seal] J oseph H. G utride, Sec. 24: lot 6; cents in October, 1957, but that United is Secretary. Sec. 25: lots 1, 2, 3. still paying Gulf Oil the 9.867 cents Mcf T. 8 N., R. 6 E., [F. R. Doc. 58-3801; Filed, May 20, 1958; Sec. 35: W i/aSE^ (June 7, 1954 rate) for the subject gas.1 Tps. 7 and 8 N., R. 7 E., Unsurveyed. Thus, Gulf Oil claims, what was orig­ 8:50 a. m.] inally intended to be a form of gas ex­ Every legal subdivision which, when change arrangement between Gulf Oil surveyed, shall be found to embrace lands lying below the-1300 foot elevation along and United has been frustrated because [Project No. 199] of the necessity of applying for corre­ the Lewis River and tributaries. Pro­ sponding increases in rate as the price S outh Carolina P ublic S ervice traction of public land surveys indicates paid United increased. In further sup­ A uthority that the aflbve lands, when surveyed, will port, Gulf Oil states that the trend of NOTICE OF POSTPONEMENT OF HEARING be within sections 6, 9, 16, 18, 19, 20, 21, average base prices under long-term con­ 29, 30, 31, T. 7 N., R. 7 E.,-and section tracts from January 1, 1953, to June 30, M ay 15,1958. 31, T. 8 N., R. 7 E. 1957, in the Gulf Coast Area ranged from Upon consideration of the request filed The area reserved by the filing of this 12.43 cents to 17.25 cents per Mcf at May 13,1958 by Counsel for South Caro­ application, as depicted on the map ex­ 14.65 psia and Gulf Oil’s proposed rate lina Public Service Authority for post­ hibit filed in support thereof, is 6,801.21 of 13.1933 cents would barely exceed the ponement of the hearing now scheduled acres of which 5,180.81 acres have been starting price of the upward trend. for June 3, 1958 in the above-designated heretofore reserved in either Power Site Gulf Oil also cites a long list of higher m atter; Reserves Nos. 74, 405, 492, Power Site initial rates for sales in Mississippi that The hearing now scheduled for June 3, Classification No. 64, earlier Projects the Commission has accepted for filing 1958 is hereby postponed to June 26,1958, Nos. 264 and 935, or by the filing of ap­ and also cites eleven higher increased at 10:00 a. m., e. s. t., in Recorder’s plication on July 14, 1952, for this rates the Commission has accepted for Court Room, Old City Hall, 21 North project. Main Street, Sumter, South Carolina. This notice modifies and supersedes, in filing for sales in northern Louisiana. its entirety, the notice of November 26, Gulf Oil also mentions increased operat­ [ seal] J oseph H. G utride, 1952. ing expenses and alleges discrimination Secretary. if the increase is not allowed. A copjr of the project map F. P. C. No. , The increased rate and charge so pro­ [F. R. Doc. 58-3802; Filed, May 20, 1958; 2212-12, superseding the project map posed has not been shown to be justified, 8:50 a, m.] F. P. C. No. 2112-3, is being transmitted and may be unjust, unreasonable, unduly to the Bureau of Land Management, discriminatory, or preferential, or other­ Forest Service and Geological Survey. wise unlawful. [ seal] J oseph H. G utride, The Commission finds: It is necessary [Project No. 2112] Secretary, and proper in the public interest and to P acific P ower and Light Co. [F. R. Doc. 58-3786; Filed, May 20, ,1958; aid in the enforcement of the provisions 8:47 a. m.] of the Natural Gas Act that the Commis­ NOTICE OF MODIFICATION OF LAND sion enter upon a hearing concerning WITHDRAWAL^ WASHINGTON the lawfulness of the said proposed M ay 15,1958. SECURITIES AND EXCHANGE change, and that Supplement. No. 9 to Conformable to the provisions of sec­ COMMISSION Gulf Oil’s FPC Gas Rate Schedule No. tion 24 of the Act of June 10, 1920 (41 74 be suspended and the use thereof de­ Stat. 1063), as amended, this Commission [File No. 24S-1607] ferred as hereinafter ordered. on November 26, 1952, gave notice to the H art O il Corp. The Commission orders: Bureau of Land Management of the res­ ORDER TEMPORARILY SUSPENDING EXEMP­ (A) Pursuant to the authority of the ervation of approximately 2,970.80 acres Natural Gas Act, particularly sections 4 TION, STATEMENT OF REASONS THEREFOR, of lands of the United States pursuant AND NOTICE OF OPPORTUNITY FOR HEARING and 15 thereof, the Commission’s rules to the filing on July 14,1952, of an appli­ of practice and procedure, and the Reg­ cation for preliminary permit by the M ay 14^1958. ulations under the Natural Gas Act (18 Pacific Power and Light Company for I. Hart Oil Corporation (issuer), a CFR Ch. I), a public hearing be held Project No. 2112 (Muddy Hydroelectric Washington corporation with its princi­ upon a date to be fixed by notice from Project). pal office at 803 Central Building, Seattle, the Secretary concerning the lawfulness On November 26, 1956, the Pacific Washington, filed with the Commission of the proposed increased rate and Power and Light Company filed an ap­ on April 11, 1958 a notification on Form charge contained in Supplement No. 9 to plication for license for said project, sup­ 1-A and an offering circular relating to Gulf Oil’s FPC Gas Rate Schedule No. 74. ported by revised map exhibits filed the an offering of 1,000,000 shares of its (B) Pending such hearing and deci­ same date, adjusting the project bound­ 10-cent par value common stock at $0.25 sion thereon, said supplement be and it aries to exclude certain lands and re­ a share for an aggregate offering of 18 hereby suspended and the use thereof defining the affected unsurveyed lands in $250,000 for the purpose of obtaining an the terms of the latest protraction of exemption from the registration require­ > United’s sale to Gulf Oil and the rate public land surveys. ments of the Securities Act of 1933, pur­ wierefor are not subject to the Commission’s Therefore in accordance with section suant to the provisions of section 3 (b) jurisdiction. 24 of'the Federal Power Act notice is and Regulation A thereunder.

/ 3466 NOTICES II. The offering circular and other"received fluctuated between $2.28 and Tenn. Authority sought to operate as a material filed therewith contain untrue $2.60 per barrel; and common carrier, by motor vehicle, over statements of material facts and omit to 15. The statement in the offering cir­a regular route, transporting: General state material facts necessary in order cular that a production of five barrels commodities, except those of unusual to make the statements made, in the per day would be profitable in view of the value, Class A and B explosives, house­ light of the circumstances under which failure to disclose that production to the hold goods as defined by the Commission, they are made, not misleading, partic­ issuer’s interests is not in excess of one commodities in bulk, and those requir­ ularly with respect to: barrel per day, according to the filed ing special equipment, between Clarks­ 1. The failure to disclose in the offer­ sales reports. ville, Tenn., >and Memphis, Tenn., over ing circular the cost to the promoters of III. It is ordered, Pursuant to Rule 261U. S. Highway 79, serving all intermedi­ the oil and gas leases transferred to the of the general rules and regulations under ate points and the off-route points of issuer; the Securities Act of 1933, as amended, Dresden, and Trenton. Applicant is 2. The failure to disclose in the offer­ that the exemption under Regulation A authorized to conduct operations in ing circular the consideration received of securities of Hart Oil Corporation Kentucky and Tennessee. from the promoters for the stock issued pursuant to said notification be, and it HEARING: July 7, 1958, at the Dink- to them; hereby is, temporarily suspended. ler-Andrew Jackson Hotel, Nashville, 3. The failure to disclose in the offer­ Notice is hereby given that any person Tenn., before Joint Board No. 38, or, if ing circular the material terms and con­ having any interest in the matter may the Joint Board waives its right to par­ ditions of various oil leases held by the file with the Secretary of the Commis­ ticipate, before Examiner Mack Myers. issuer, and the identity and interests of sion a written request for hearing within No. MC 10928 (Sub No. 35), filed April all owners of said leases; thirty days herefrom; that, within 9,1958. Applicant: SOUTHERN-PLAZA 4. The failure to disclose in the offer­ twenty days after receipt of such re­ EXPRESS, INC., 1209 Washington Ave­ ing circular the status of oil and gas wells quest, the Commission will, or at any nue, St. Louis, Mo. Applicant’s attor­ drilled on or near the issuer’s property, time upon its own motion may, set the ney: Clarence D. Todd, 1825 Jefferson including the number of any dry holes, matter down for hearing at a place to Place NW., Washington 6, D. C. Author­ and the amount of production from the be designated by the Commission for the ity sought to operate as a common car­ wells which have produced; purpose of determining whether this rier, by motor vehicle, over an alternate 5. The failure to disclose in the offer­ order of suspension should be vacated route, transporting: General commod­ ing circular the net production of oil or made permanent, without prejudice, ities, except those of unusual value, Class accruing to the issuer’s interest from however, to the consideration and pres­ A and B explosives, household goods as eaph of the wells drilled on its leases for entation of additional matters at the defined by the Commission, commod­ each of the past twelve months; hearing; that if no hearing is requested ities in bulk, and those requiring special 6. The failure to disclose in the offer­ and none is ordered by the Commission, equipment, between junction U. S. High­ ing circular an estimation of the/ crude the order shall become permanent on the ways 45 and 54 at or near Onarga, 111., oil reserves which can be expected to be ^thirtieth day after its entry, and shall and Sikeston, Mo., from junction U. S. profitably recovered from the issuer’s remain in effect unless or until it is modi­ Highways 45 and 54 at or near Onarga properties; fied or vacated by the Commission; and over U. S. Highway 45 to junction Illinois 7. The failure to disclose in the offer­ that notice of the time and place for Highway 37, thence over Illinois High­ ing circular the method which, was used said hearing will be promptly given by way 37 to junction U. S. Highway 51, in completing each of the four wells on the Commission. thence over U. S. Highway 51 to Cairo, the issuer’s leases, as well as the type By the Commission. 111., thence over U. S. Highway 60 to of tools used to drill such wells; Sikeston, Mo., and return over the same 8. The failure to include in the offer­ [ seal] O rval L. D u B o is , route, serving no intermediate or off- ing circular adequate financial state­ Secretary. route points, as an alternate route for ments properly reflecting the issuer’s [F. R. Doc. 58-3787; Piled, May 20, 1958; operating convenience only, in connec­ financial condition; 8:47 a. m.] tion with applicant’s authorized regular 9. The failure to disclose in the offer­ route operations between Chicago, 111., ing circular that the offering price of the and Memphis, Tenn. Applicant is au­ securities in materially in excess of the INTERSTATE COMMERCE thorized to conduct operations in Arkan­ reasonable market value of the proper­ COMMISSION- sas, Illinois, Missouri, Oklahoma, Ten­ ties owned by the issuer; ’ nessee, and Texas. 10. The failure to disclose in the offer-, [Notice 217] HEARING: June 25, 1958, at the Mark ing circular that as to the Oilfield Re­ M otor C arrier A pplications Twain Hotel, St. Louis, Mo., before Joint search Laboratory report, laboratory Board. No. 135, or, if the Jo in t Board flooding tests are not necessarily indica­ M ay 16,1958. waives its right to participate, before tive of .the amount of oil which may be The following applications are gov­ Examiner Lucian A. Jackson. recovered by field operations, since lab­ erned by the Interstate Commerce Com­ No. MC 11306 (Sub No. 2 ), filed May 5, oratory tests are carried out under con­ mission’s special rules governing notice 1958. Applicant: BASIN TRUCK LINE, ditions which may be entirely different of filing of applications by motor car­ INC., 2100 East 25th Street, Vernon, from those which may exist in the field; riers of property or passengers and by Calif. Applicant’s attorney: J. O. Gold­ 11. The estimated reserves in the Oil­ brokers under sections 206, 209, and 211 smith, 656 South Los'Angeles Street, Los field Research Laboratory report, in that of the Interstate Commerce Act and cer­ Angeles 14, Calif. Authority sought to they are excessive without adequate tain other procedural matters with re­ operate as a contract carrier, lay motor basis, and are based on assumptions con­ spect thereto (49 CFR 1.241). vehicle, over irregular routes, transport­ trary to fact; All hearings will be called at 9:30 ing: Meats, meat products and meat by­ 12. The statements in the offering cir­ o’clock a. m., United States standard products, and dairy products (except cular concerning “new” techniques for time (or 9:30 o’clock a. m., local day­ milk and cream), as defined by the Com­ the recovery of oil, in that certain of the light saving time), unless otherwise mission in Appendix I to Report in De­ techniques listed are neither new nor ' specified. scriptions in Motor Carrier Certificates, certain of success in profitably recover­ A pplications A ssig n e d for O ral H earing 61 MCC 209, 272, and 61 MCC 766, in ing oil from the issuer’s properties; or P r e -H earing C o n fer en ce vehicles equipped with mechanical re­ 13. The statement in the offering cir­ frigeration, from points in the Los An­ cular that drilling out wells on old MOTOR CARRIERS OF PROPERTY geles, Calif., Commercial Zone as defined abandoned leases of the issuer would No. MC 10173 (Sub No. 3), filed March by the Commission, to points in San Luis “eliminate much of the gamble of ob­ 24, 1958. Applicant: ANNE D. HAYES, Obispo, Santa Barbara, Ventura, Los taining a dry hole.”; ADMX. of J. MARVIN HAYES, doing Angeles, Orange, Riverside, and Im perial 14. The statement in the offering cir­ business as MARVIN HAYES LINES, Counties, Calif., and points in that por­ cular that the price of crude oil at the Easfc College Street, Clarksville, Tenn. tion of San Bernardino County, Calif;, lease site is $3.00 per barrel, whereas the Applicant’s attorney: A. O. Buck, Suite located within 30 miles of and including filed sales reports indicate that the price 434 Stahlman Building, Nashville 3, San Bernardino. Applicant is author- Wednesday, May 21, 1958 FEDERAL REGISTER 3467 ized to transport specified commodities over Minnesota Highway 31 to the junc­ HEARING: June 23,1958, at the Mark from Los Angeles and Vernon, Calif., tion of U. S. Highway 75, thence over Twain Hotel, St. Louis, Mo., before Ex­ to San Diego, Calif. U. S. Highway 75 to Moorhead, thence aminer Lucian A. Jackson. HEARING: June 17, 1958, at the Fed­ over U. S. Highway 10 to Detroit Lakes, No. MC 50132 (Sub No. 43), filed April eral Building, Los Angeles, Calif., be­ thence over U. S. Highway 10 to East St. 28, 1958. Applicant: CENTRAL & fore Joint Board No. 75, or, if the Joint Cloud, thence over U. S. Highway 52 to SOUTHERN TRUCK LINES, INC., 312 Board waives its right to participate, St. Paul; (4) from Grand Forks over West Morris Street, Caseyville, 111. Au­ before Commissioner John H. Winchell. U. S. Highway 2 to junction of Minne­ thority sought to operate as a contract No. MC 28439 (Sub No. 85), filed May sota Highway 9, thence over Minnesota or common carrier, by motor vehicle, 6, 1958. Applicant: DAILY MOTOR Highway 9 to junction of Minnesota over irregular routes, transporting: EXPRESS, INC., Pitt and Penn Streets, Highway 31, thence over Minnesota Ground mica, in bags, from the plant Carlisle, Pa. Applicant’s attorney: Highway 31 to junction of U. S. Highway site of the Consolidated Feldspar Depart­ James E. Wilson, Perpetual Bldg., 1111 75, thence over'U. S. Highway 75 to ment of 'the International Minerals and E Street NW., Washington 4, D. C. Au­ Moorhead, thence over U. S. Highway 52 Chemical Corporation located approxi­ thority sought to operate as a common via East St. Cloud and Anoka to St. Paul; mately eight (8) miles south of Greene- carrier, by motor vehicle, over irregular (5) from Grand Forks over the above- ville, Term., on Tennessee Valley Author- routes, transporting: Agricultural imple­ specified routes to Anoka, Minn., thence itys’ Lake Davey Crockett and from ments, agricultural machinery, tractors, over U. S. Highway 10 to St- Paul; and Greeneville and Erwin, Tenn., to points tractor attachments, and parts and ac­ also; (6) between Grand Forks, N. Dak., in Alabama, Arkansas, Arizona, Cali­ cessories for agricultural implements, and Fargo, N. Dak., over U. S. Highway fornia, Colorado, Connecticut, Delaware, agricultural machinery, tractors and 81; (7) between the^junction of U. S. Florida, Georgia, Kansas, Kentucky, tractor attachments, from South Bend, Highway 75 and Minnesota Highway 31 Hlinois, Indiana, Iowa, Louisiana, Mas­ Ind., Springfield, Ohio, and Shelbyville, and the junction of U. S. Highway 75 sachusetts, Maine, Michigan, Minnesota, 111., to points in Maine, New Hampshire, and 2, over U. S. Highway 75; and (8) Maryland, Missouri, Mississippi, Ne­ Vermont, Massachusetts, Connecticut, remove restrictions onj intermediate braska, North Carolina, New Hampshire, Rhode Island, Pennsylvania, Maryland, points of Wahpeton and Fargo, N. Dak., North Dakota, New Mexico, New Jersey, Delaware, New Jersey, New York, Vir­ pertaining to delivery only, and Min­ New York, Oklahoma, Ohio, Pennsyl­ ginia, West Virginia, and the District of neapolis, Minn., pertaining to pick up vania, South Carolina, South Dakota, Columbia. Applicant is authorized to only, as presently authorized in Certifi­ Texas,'Wisconsin, Wyoming, and points conduct operations throughout the cate No. MC 45134. on the International Boundary Line be­ United States. Note: Applicant is presently authorized tween the United States and Canada in HEARING: June 24, 1958, at the to operate over routes 1 through 5 as out­ Maine, Michigan, Minnesota, New York, Offices of the Interstate Commerce lined above, but from St. Paul, Minn., to Ohio, Pennsylvania, Vermont, and Wis­ Commission, Washington, D. C., before Grand Forks, N. Dak. Applicant states that consin. Applicant is authorized to con­ Examiner Leo A. Riegel. it seeks in this application (1) an additional duct operations in Alabama, Arkansas, No. MC 45134 (Sub No. 3), filed April route between Fargo and Grahd Forks over Georgia, Illinois, Indiana, Kansas, Loui­ 21, 1958. Applicant: COLLINS TRUCK U. S. Highway 81, (2) an additional route over U. S. Highway 75 between junction of siana, Mississippi, Missouri, Nebraska, LINE, INC., 327 40th Avenue NE., Colum­ U. S. Highway 75 and Minnesota Highway 31 North Carolina, Ohio, South Carolina, bia Heights (P. O. Minneapolis 21), and junction of U. S. Highway 75 and 2, (3) Tennessee, and Virginia. Duplication Minn. Authority sought to operate as a deletion of the mo transportation for com­ with present authority to be eliminated. common carrier, by motor vehicle, over pensation restriction from the return routes ote Applicant states it has authority now authorized (as outlined above in routes N : regular routes, transporting: General under Permit No. MO 50132 (Sub No. 25) to 1 through 5), and (4) removal of restrictions commodities^ except automobiles, and serve parts of the destination areas and does pertaining to the intermediate points of household goods as defined by the Com­ not seek duplicate authority with this appli­ Wahpeton and Fargo, N. Dak., and Minneap­ cation. Applicant is authorized to conduct mission, from Grand Forks, N. Dak., to olis, Minn. Applicant is authorized to con­ St. Paul, Minn., serving the intermediate contract carrier operations in Permit No. duct operations in North Dakota and MC 50132 and sub numbers thereunder. A points of Wahpeton and Fargo, N. Dak., M innesota. and Minneapolis, Minn., as follows: (1) proceeding has been instituted under section From Grand Forks over U. S. Highway 2 HEARING: July 10, 1958, at the Fed­ 212 (c) of the Interstate Commerce Act to eral Court Building, Marquette Avenue, determine whether applicant’s status is that to junction of Minnesota Highway 9 of a contract or common carrier, assigned (formerly U. S. Highway 75), thence over South and Third Streets, Minneapolis, Docket No. MC 50132 (Sub No. 38). Minnesota Highway 9 to junction of Minn., before Joint Board No. 24, or, if Minnesota Highway 31 (formerly U. S. the Joint Board waives its right to par­ HEARING: June 20, 1958, at the Highway 75), thence over Minnesota ticipate, before Examiner Harold P. Offices of the Interstate Commerce Com­ Highway 31 to junction of U. S. Highway Boss. ' mission, Washington, D. C., before 75, thence over U. S. Highway 75 to No. MC 50132 (Sub No. 42), filed April, Examiner Harold W. Angle. Moorhead, Minn., thence across the Red 14, 1958. Applicant: CENTRAL & No. MC 52869 (Sub No. 54), filed April i River to Fargo, N. Dak., thence return SOUTHERN TRUCK LINES, INC., 512 28, 1958. Applicant: NORTHERN TANK across the Red River to Moorhead, West Morris Street, Caseyville, HI. Au­ LINE, P. O. Box 990, Miles City, Mont. Minn., thence over U. S. Highway 75 to thority sought to operate as a contract Authority sought to operate as a common Breckenridge, Minn., thence across the ,carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular Bois de Sioux River to Wahpeton, N. ¿routes, transporting: Meats, meat prod­ routes, transporting: (1) Petroleum and Dak., thence return across the Bois de ucts, meat by-products, dairy products, petroleum products, in bulk, in tank ve­ Sioux River to Breckenridge, Minn., and articles distributed by meat-packing hicles, from Billings, Mont., to points in thence over U. S. Highway 75 to junction houses, as described by the Commission, South Dakota on and west of U. S. High­ of Minnesota Highway 210 (formerly from Charleston, S. C., to points in way 83; (2) Liquefied petroleum gas, in Minnesota Highway 3), thence over Min- Florida, Georgia, Illinois, Indiana, Idaho, bulk, in pressurized tank vehicles, from - nesota Highway 210 to Fergus Falls, Iowa, Kansas, Kentucky, Minnesota, Mandan and Tioga, N. Dak., to points in Minn., thence over U. S. Highway 52 via Missouri, Mississippi, Michigan, Ohio, Minnesota on and north of U. S. High­ East St. Cloud and Anoka to St. Paul; Pennsylvania, Tennessee, Texas, Wis­ way 12 and oh and west of U. S. Highway (2) from Grand Forks over U. S. High­ consin, and Nebraska. Applicant is au­ 169 commencing at the junction of U. S. way 2 to the junction of U. S. Highway thorized to conduct operations in Illinois, Highway 12 and running in a northerly 59, thence over U. S. Highway 59 to De­ Louisiana, Missouri, Tennessee, Arkan­ direction to Grand Rapids, Minn., thence troit Lakes, thence over U. S. Highway sas, Kentucky, North Carolina, South on and west of U. S. Highway 2 running 10 to East St. Cloud, thence over U. S. Carolina, Nebraska, Kansas, Mississippi, in a northwesterly direction to the junc­ Alabama, Georgia, 'Indiana, Virginia, tion of Minnesota Highway 6, thence on Highway 52 to St. Paul; (3) from Grand and Ohio. Forks over U. S. Highway 2 to the junc­ and west of Minnesota Highway 6 run­ Note: A proceeding has been Instituted ning in a northerly direction to Big Falls, tion of Minnesota Highway 9, thence under section 212 (c) No. MC 50132 Sub 38, Minn., thence on and west of U. S. High­ over Minnesota Highway 9 to the junc­ to determine whether ^applicant’s status Is way 71 running in a northeasterly direc­ tion of Minnesota Highway 31, thence that of a contract or common carrier. tion to the international boundary line 3468 NOTICES between the United States and Canada at by motor vehicle, over irregular routes, Applicant’s attorney: Earle V. White, International Falls, Minn. Applicant is transporting: Glazed structural tile, 1401 Northwest 19th Avenue, Portland 9, authorized to transport similar commod­ from Niles, Calif., to points in Oregon Oreg. Authority sought to operate as ities in North Dakota, Minnesota, South and Washington. Applicant is author­ a common carrier, by motor vehicle, over Dakota, Montana, and Wyoming. ized to conduct operations in Oregon, irregular routes, transporting: (1) New HEARING: July 7,1958, at the Federal Washington, Idaho, California, Arizona, furniture and store fixtures, from Port­ Court Building, Marquette Avenue, Colorado, Nevada, New Mexico, Texas, land, Oreg., to points in California, South and Thiid Streets, Minneapolis, Utah, and Wyoming. Idaho, and Montana; and (2) new fur­ Minn., before Examiner Harold P. Boss. HEARING: July 14, 1958r at 538 Pit- niture, between points in Oregon, on the No. MC 61396 (Sub No. 63), filed tock Block, Portland, Oreg., before Joint one hand, and, on the other, points in March 28, 1958. Applicant: HERMAN Board No. 5, or, if the Joint Board waives Washington. Applicant is authorized to BROS., INC., 711 W. O, W. Building, its right to participate, before Examiner conduct operations in Oregon, Washing­ P. O. Box 1237, Omaha, Nebr. Authority James H. Gaffney. ton, California, Idaho, and Montana. sought to operate as a common carrier, No. MC 69365 (Sub No. 6), filed April Note: Applicant has been granted the by motor vehicle, over irregular routes, 25, 1958. Applicant:, CONTRACT^ CAR­ aboye authority in Certificate MC 78277 Sub transporting: Molasses, from Nebraska RIER SERVICE, INC., P. O. Box 3083, 5 ahd Sub 6, respectively, restricted to com­ City, Nebr., and points within 10 miles Eugene, Oreg. Applicant’s attorney: modities which are “uncrated”; the purpose thereof, to points in Iowa, Kansas, South Earle V. White, 1401 Northwest 19th Ave­ of this application is to secure removal of “ Dakota, and Missouri and rejected or nue, Portland 9, Oreg. Authority sought the said restriction. contaminated molasses on return. Ap­ to operate as a contract carrier, by motor HEARING: July 16, 1958, at 538 Pit­ plicant is authorized to conduct opera­ vehicle, over irrgular routes, transport­ tock Block, Portland, Oreg., before Ex­ tions in Iowa, Kansas, Missouri, Ne­ ing: (1) Laminated wood products and aminer James H. Gaffney. braska, and South Dakota. prefabricated wooden timbers and No. MC 87487 (Sub No. 5), filed May 5, HEARING: July 7, 1958, at the Rome trusses, including those which, because of 1958. Applicant: ROSS ESBENSHADE, Hotel, Omaha, Nebr., before Examiner size or shape, require the use of special R. D. No. 2, New Holland, Pa. Appli­ Lucian A. Jackson. equipment, and other u>ood products, in­ cant’s attorney: John M. Musselman, No. MC 61403 (Sub No. 29), filed April cluding lumber and plywood, which are State Street Building, Harrisburg, Pa. 23, 1958. Applicant: ROBINSON incidental to and shipped for the Authority sought to operate as a contract TRANSFER MOTOR LINES, INC., Wil­ construction of prefabricated roof struc­ carrier, by motor vehicle, over irregular cox Drive* Kingsport, Tenn. Authority tures, from points in Oregon to points in routes, transporting: Bricks, from Eph- sought to operate as a common carrier, Texas, Arkansas, Oklahoma, Kansas, rata, Pa., to points in New Jersey, Dela­ by motor vehicle, over irregular routes, “Missouri, Tennessee, Ohio, Indiana, I1-' ware, Maryland, and that part of New transporting: Lacquers, thinners, vdr- ljnois, Michigan, and Wisconsin; and York within 50 miles of the New York nishes and surface coating compounds, Glazed structural tile, from points in St. entrance of the new Holland Tunnel, from Louisville, Ky., to points in Greene Louis County, Mo., to points in Oregon and empty containers or other such in­ and Jefferson Counties, Tenn. Appli­ and Washington. cidental facilities, (not specified) used cant is authorized to conduct operations HEARING: July 7, 1958, at 528 Pittock in transporting brick on return. Appli­ in Tennessee, North Carolina, South Block, Portland, Oreg., before Examiner cant is authorized to conduct operations Carolina, Virginia, West Virginia, James H. Gaffney. in Maryland, Pennsylvania, Delaware, Georgia, Kentucky, Indiana, Ohio, Ala­ No. MC 73688 (Sub No. 4), filed April the District of Columbia, Virginia, New bama, Louisiana, Mississippi, District of 11, 1958. Applicant: SOUTHERN Jersey, and New York. Columbia, Florida, Michigan, Missouri, TRUCKING CORPORATION, 546 Weak­ HEARING: June 24,1958, at the Offices New Jersey, Maryland, New York, Dela­ ley, Memphis, Tenn. Applicant’s attor- of the Interstate Commerce Commission, ware, Illinois, Pennsylvania, Texas, Con­ ' ney: Charles H. Hudson, Jr., 407 Broad­ Washington, D. C., before Examiner necticut, Maine, Massachusetts, New way, National Bank Building, Nashville, Lawrence A. Van Dyke. Hampshire, Rhode Island, Vermont, and Tenn. Authority sought to operate as a No. MC 92983 (Sub No. 280), filed Iowa. common carrier, by motor vehicle, over February 27, 1958. Applicant ELDON HEARING: July 11, 1958, at the Ken­ irregular routes, transporting: Struc­ MILLER, INC., 330 East Washington tucky Hotel, Louisville, Ky., before Joint tural steel, steel sheets and pipe, re­ Street, Iowa City, Iowa. Authority Board No. 25, or, if the Joint Board stricted to movement on flat-bed or pole sought to operate as* a common carrier, waives its right to participate, before trailers, between Memphis, Tenn., on the by motor vehicle, bver irregular routes, Examiner Mack Myers. one hand, and, on the other points in transporting: Acids and chemicals, in No. MC 68618 (Sub No. 26), filed April Texas on and east of U. S. Highway 81 bulk, from points in Arkansas, Kansas, 7, 1958. Applicant: LOS ANGELES- from the Mexican border to Bowie, Oklahoma, and Texas, to Memphis, Tenn. SEATTLE MOTOR EXPRESS, INC., thence over U. S. Highway 287 to Wich­ Applicant is authorized to conduct opera­ 3200 Sixth Avenue South, Seattle, Wash. ita Falls, and thence over U. S. Highway tions in Iowa, Illinois, Nebraska, Wiscon­ Applicant’s attorney: William B. Adams, 281 to the Texas-Oklahoma state line; sin, Missouri, Kansas, Tndiana, Minne­ Pacific Building, Portland 4, Oreg. Au­ points in Oklahoma on and east of U. S. sota, Ohio, Arkansas, Kentucky, Louisi­ thority sought to operate as a common Highway 281; points in Missouri south of ana, North Carolina, South Carolina, carrier, by motor vehicle, over irregular U. S. Highway 40; points in Kentucky Florida, Tennessee, Michigan, New York, routes, transporting: Dairy products, on and west of U. S. Highway 31E; points Texas, North Dakota, South Dakota, from points in Tillamook County, Oreg., in Alabama on and north of U. S. High­ Pennsylvania, Massachusetts, Connecti­ to points in California; and empty con­ way 278 from the Alabama-Mississippi cut, Georgia, Mississippi, Oklahoma, and tainers or other such incidental facili­ State line to Guin, thence over U. S. ties used in transporting dairy products, Highway 78 to Jasper, thence over Ala­ HEARING: June 24, 1958, at the Pea­ on return. Applicant is authorized to bama Highway 69 to Cullman, and thence body Hotel, Memphis, Tenn., before Ex­ conduct operations in California, Ore­ over U. S. Highway 278 to the Alabama- aminer Mack Myers. gon, and Washington. Georgia State line, and Alton, Granite No. MC 92983 (Sub No. 281), filed HEARING: July 11, 1958, at 538 Pit- * City and East St. Louis, 111. Applicant is March 26, 1958. Applicant ELDON tock Block, Portland, Oreg., before Joint authorized to transport similar commod­ MILLER, INC., 330 East W ashington Board No. 11, or, if the Joint Board ities between Memphis, Tenn., and points Street, Iowa City, Iowa. Authority waives its right to participate, before in Arkansas, Mississippi, Tennessee, and Louisiana. sought to operate as a common carrier, Examiner James H. Gaffney. by motor vehicle, over irregular routes, No. MC 69365 (Sub No. 5), filed March HEARING: June 25, 1958, at the Pea­ body Hotel, Memphis, Tenn., before Ex­ transporting: Petroleum and petroleum 3, 1958. Applicant: CONTRACT CAR­ products, in bulk, in tank vehicles, from RIER SERVICE, INC., P. O. Box 3083, aminer Mack Myers. Eugene, Oreg. Applicant’s attorney: No. MC 78277 (Sub No. 7), filed May 6, points in Pennsylvania to Memphis, Earle V. White, 1401 Northwest 19th 1958. Applicant: RICHARD F. Mc- Tenn. Applicant is authorized to trans­ Avenue, Portland 9, Oreg. Authority CABE, doing business as McCABE MOV­ port similar commodities in Illinois, Ne­ sought to operate as a contract carrier, ING & STORAGE CO., Portland, Oreg. braska, Iowa, Wisconsin, Missouri, Wednesday, May 21, 1958 FEDERAL REGISTER 3469 Minnesota, Arkansas, Kansas, and No. MC 102616 (Sub No. 652), filed panels, mullions, interior trim and en­ Michigan. May 2, 1958. Applicant: COASTAL trances, uncrated, between points in the HEARING: June 24, 1958, at the Pea­ TANK LINES, INC., Grantley Road, United States. Applicant is authorized body Hotel, Memphis, Tenn., before Ex­ York, Pa. Applicant’s attorney: Harold to conduct operations throughout the aminer Mack Myers. G. Hernly, 1624 Eye Street NW., Wash­ United States. No. MC 101075 (Sub No. 52), filed April ington 6, D. Cf Authority sought to HEARING: June 26,1958, at the Hotel 14, 1958. Applicant: TRANSPORT; operate as a common carrier, by motor Pickwick, Kansas City, Mo., before Ex­ INC., 1215 Center Avenue, Moorhead, vehicle, over irregular routes, transport­ aminer Lucian A. Jackson. Minn. Applicant’s attorney: Donald A. ing : Petroleum oils, in bulk, in tank No. MC 104128 .(Sub No. 75), filed Feb­ Morken, 1100 First National-Soo Line vehicles, from Philadelphia, Pa., to points ruary 12, 1958. Applicant: FRANK Building, Minneapolis 2, Minn. Author­ in Illinois, Indiana, Kentucky, and that ELSWORTH CAMPBELL, doing business ity sought to operate as a common car­ portion of Virginia south of U. S. High­ 'as CAMPBELL’S SERVICE, 9022 East rier, by motor vehicle, over irregular way 60 and west of U. S. Highway 220. Garvey Avenue, South San Gabriel, routes, transporting: Petroleum and pe­ Applicant is authorized to conduct oper­ Calif. Applicant’s attorney: R. Y. troleum products, as defined by the Com­ ations in New Jersey, New York, North Schtireman, 639 South Spring Street, Los mission, in bulk, in tank vehicles, (1) Carolina, Ohio, Rhode Island, Pennsyl­ Angeles 14, Calif. Authority sought to from Sioux Falls, S. Dak., and points vania, South Carolina, Virginia, Tennes­ operate as a common carrier, by motor within ten (10) miles thereof, to Rapid see, West Virginia, Wisconsin, the Dis­ vehicle, over irregular routes, transport­ City, S. Dak., and points within twenty- trict of Columbia, Michigan, Maryland, ing: New trailers, designed to be drawn live (25) miles thereof, and to points in Massachusetts, Kentucky, Indiana, Dela­ by passenger automobiles, in initial "and Minnesota and Iowa; (2) from Water- ware, Illinois, and Connecticut. secondary movements, in truckaway town, S. Dak., and points within ten (10) HEARING: June 23, 1958, at the Offi­ service, from Bend and Pendleton, Oreg., miles thereof, to points in North Dakota; ces of the Interstate Commerce Commis­ Boise, Idaho, and points in Canyon and (3) from Rock Rapids, Iowa, and sion, Washington, D. C., before Exam­ County, Idaho, to points in Colorado, points within ten (10) miles thereof,* to iner David Waters. Montana, Nebraska, North Dakota, points in South Dakota. Applicant is No. MC 103248 (Sub No. 23), filed April South Dakota, and Wyoming. Appli­ authorized to conduct operations in 21, 1958. Applicant: PETROLEUM cant is authorized to transport trailers Iowa, Minnesota, Montana, Nebraska, TRANSPORT, INC., P. O. Box 289, Madi­ in Arizona, Arkansas, California, Missis­ North Dakota, South Dakota, Wisconsin, son, Wis. Applicant’s attorney: John sippi, Missouri, Montana, Nebraska, and Wyoming. Falk Murphy, P. O. Box 289, Madison, HEARING: July 2,1958, at t'he Federal Nevada, New Mexico, North Dakota, Wis. Authority sought to operate as a Oklahoma, Oregon, South Dakota, Texas, Court Building, Marquette Avenue, South common"carrier, by motor vehicle, over and Third Streets, Minneapolis, Minn., Utah, Washington, Wisconsin, and irregular routes, transporting: Petro­ Wyoming. before Examiner Harold P. Boss. leum products, as described in Appendix No. MC 102567 (Sub No. 66), filed HEARING: July 1,.1958, at the Idaho XIII of Ex Parte No. MC 45, -in bulk, in > Public Utilities Commission, iState House, March 24, 1958. Applicant: EARL tank vehicles, from the Township of Elk CLARENCE GIBBON, doing business as Boise, Idaho, before Examiner James H. Grove, Cook County, 111., and points Gaffney. EARL GIBBON PETROLEUM TRANS­ within one mile thereof, to points in PORT, West First and Broiadway, Bos­ No. MC 104654 (Sub No. 113), filed Wisconsin. Applicant is authorized to April 16, 1958. Applicant: COMMER­ sier City, La. Applicant’s attorney: Jo conduct operations in Illinois, Indiana, E. Shaw, First National Bank Building, CIAL TRANSPORT, INC., P. O. Box 297, and Wisconsin. Belleville, 111. Applicant’s representa­ Houston, Tex. Authority sought to op­ HEARING: June 25, 1958, at .the Wis­ erate as a common carrier, by motor ve­ tive: A. A. Marshall, 305 Buder Building, consin Public Service Commission, Mad­ St. Louis 1, Mo. Authority sought to hicle, over irregular routes, transporting: ison, Wis., before Joint Board No. 13, Petroleum and petroleum products, in operate as a common carrier, by motor or, if the Joint Board waives its right to vehicle, over irregular routes, transport­ bulk, in tank vehicles, from Henderson, participate, before Examiner Alton R. Tex., and points in Texas, Louisiana, and Smith. ing : Liquid commodities, in bulk, in tank Arkansas within 150 miles of Henderson, vehicles, except petroleum and petroleum No. MC 193654 (Sub No. 44), filed April products, from Caruthersville, Mo., and to points in South Carolina. Applicant 4, 1958. Applicant: SCHIRMER is authorized to conduct operations in points within 10 miles thereof to points TRANSPORTATION COMPANY, IN­ in Arkansas, Illinois, Kentucky, Missouri, Texas, Arkansas, Louisiana, Mississippi, CORPORATED, 649 Pelham Boulevard, Missouri, Tennessee, Alabama, Georgia, and Tennessee, and damaged, rejected or St, Paul, Minn. Applicant’s attorney: refused shipments of the above com­ and Oklahoma. Donald A. Morken, 1100 First National- HEARING: June 24, 1958, at the Fed­ Soo Ling Building, Minneapolis 2, Minn. modities on return. Applicant is author­ eral Office Building, 600 South Street, Authority sought to operate as a common ized to conduct operations in Arkansas, New Orleans, La., before Examiner Reece carrier, by motor vehicle, over irregular Illinois, Indiana, Iowa, Kentucky, and Harrison. routes, transporting: Liquid or dry pack­ Missouri. No. MC 102616 (Sub No. 650), filed ing house products, materials and sup­ HEARING: June 24,1958, at the Mark April 29, 1958. Applicant: COASTAL plies, rendering plan products, materials, Twain Hotel, St. Louis, Mo., before Ex­ TANK LINES, INC., Grantley Road, and, supplies that can be poured, scooped aminer Lucian A. Jackson. York, Pa. Applicant’s attorney: Harold or shoveled, in bulk, between points in No. MC 104654 (Sub No. 114), filed' G. Hernly, 1624 Eye Street NW., Wash­ Minnesota, North Dakota, South Dakota, April 16, 1958. Applicant: COMMER­ ington 6, D. C. Authority sought to oper­ Iowa, Wisconsin, Illinois, Nebraska, Mis­ CIAL TRANSPORT, INC., P.. O. Box 297, ate as a common carrier, by motor souri, the Upper Peninsula of Michigan, Belleville, 111. Applicant’s representa.- vehicle, over irregular routes, transport­ and Kansas. Applicant is authorized to tive: A. A. Marshall, 305 Buder Building, ing: Formaldehyde, in bulk, in tank conduct operations in Illinois, Indiana, St. Louis 1, Mo. Authority sought to op­ vehicles, from Riverside (Northumber­ erate as a common carrier, by motor ve­ Michigan, Minnesota, and Wisconsin. hicle, over irregular routes, transporting: land Cdunty), Pa., to Fort Edward, N. Y., HEARING: June 25, 1958, at the Fed­ and Phillipsburg, N. J. Applicant is eral Court Building, Marquette Avenue, Petroleum and petroleum products, as authorized to conduct operations in South and Third Streets, Minneapolis, defined by the Commission, including Connecticut, Delaware, Illinois, Indiana, Minn., before Examiner Harold P. Boss. liquefied petroleum gases, in bulk, in Kentucky, Maryland, Massachusetts, No. MC 103967 (Sub No. 27), filed April tank, vehicles, from New Madrid, Mo., Michigan, New Jersey, New York, North 18, 1958. Applicant: JOHN WALLS, and points within five miles thereof, to Carolina, Ohio, Pennsylvania, Rhode doing business as NEW WAY TRANS­ points in Arkansas, Illinois, Kentucky, Island, South Carolina, Tennessee, Vir­ FER, 2021 Forest Avenue, Kansas City, and Tennessee. Applicant is authorized ginia, West Virginia, Wisconsin, and the Mo. Authority sought to operate as a to conduct operations in Arkansas, Illi­ District of Columbia. common carrier, by motor vehicle, over nois, Indiana, Iowa, Kentucky, Missouri, HEARING: June 23, 1958, at the irregular routes, transporting: Alumi­ and Tennessee. Offices of the Interstate Commerce Com­ num, bronze, stainless steel, wood, and HEARING: June 24,1958, at the Mark mission, Washington, D. C., before Ex- plastic articles, such as monumental cur­ Twain Hotel, St. Louis, Mo., before Ex­ aminer David Waters. tain wall systems, including windows, aminer Lucian A. Jackson. 3470 NOTICES No. Me 105807 (Sub No. 23), filed April Allapattah Station, Miami 42, Fla. Ap­ specified, (1) between points in Indiana, 14,1058. Applicant: REID BALL TRANS­ plicant’s attorney: Frank B. Hand, Jr., Kentucky, Illinois, Michigan, Wisconsin, FER CO., a Corporation, 1009 Capitol Transportation Building, Washington 6, Iowa, Nebraska, Minnesota, Missouri, Avenue, Omaha, Nebr. Authority sought D. C. Authority sought to operate as a Kansas, Arkansas, North Dakota, and to operate as a common carrier, by motor common carrier, by motor vehicle, over South Dakota; (2) between points in vehicle, transporting: General commodi­ irregular routes, transporting: Meat, Oregon, Washington, California, Arizona, ties, except those of unusual value, Class meat products and meat by-products, as Utah,-Montana, Idaho, and Nevada on A and B explosives, inflammables, live­ defined by the Commission, from Glen- the one hand, and, on the other, points in stock, household goods as defined by the wood, Iowa, to points in Florida. Appli­ Indiana, Kentucky, Illinois, Michigan, Commission; commodities in bulk, and cant is authorized to conduct operations Wisconsin, Iowa, Nebraska, Minnesota, those requiring special equipment, be­ in Alabama, Arkansas, Connecticut, Missouri, Kansas, Arkansas, North Da­ tween junction Nebraska Highway 51 Delaware, Florida, Georgia, Illinois, In­ kota, and South Dakota. Applicant is and U. S. Highway 77 and Lincoln, Nebr., diana, Iowa, Kansas, Kentucky, Louisi­ authorized to conduct operations in Ari­ from junction Nebraska Highway 51 and ana, Maine, Maryland, Massachusetts, zona, California, Colorado, Illinois, Indi­ U. S; Highway 77, located approximately Michigan, Minnesota, Mississippi, Mis­ ana, Iowa, Kansas, Michigan, Minnesota, five miles east of Bancroft, Nebr., oyer souri, Nebraska, New Jersey, N€w York, Nebraska, Nevada, New Mexico, North U. S. Highway 77 to Lincoln, and return North Carolina, North Dakota, Ohio, Dakota, Oklahoma, South Dakota, Texas, over the same route, serving no inter­ Oklahoma, Pennsylvania, Rhode Island, and Wisconsin. mediate points, but serving junction Ne­ South Carolina, South Dakota, Tennes­ HEARING: July 14,1958, in Room 226, braska Highway 51 and U. S. Highway see, Texas, Vermont; Virginia, West Vir­ Old Mint Building, Fifth and Mission 77 for purpose of joinder with applicant’s ginia, Wisconsin, and the District of Streets, San Francisco, Calif., before authorized route between Sioux City, Columbia. Examiner F. Roy Linn. Iowa, and Bancroft, Nebr., as an alter­ HEARING: July 8, 1958, at the Rome No. MC 108448 (Sub No. 3 ) ,-filed nate route for operating convenience Hotel, Omaha, Nebr., before Examiner March 10, 1958. Applicant: JAMES LA only, in connection with applicant’s au­ Lucian A. Jackson. CASSE, doing business as NITEHAWK thorized regular route operations. Ap­ No. MC 107403 (Sub No. 260), filed EXPRESS, 343 Eighth Avenue NW, New plicant indicates the proposed transpor­ April 29, 1958. Applicant: E. BROOKE Brighton, Minn. Applicant’s attorney: tation will be subject to the restriction MATLACK, INC., 33d and Arch Streets, R. W. Peterson, Tenney Building, 110 that only traffic originating at or moving Wilford Building, Philadelphia 4, Pa. ISast Main Street, Madison, Wis. Au­ through Sioux City, Iowa, destined to or Applicant’s attorney: Paul F. Barnes, thority sought to operate as a contract moving through Lincoln, Nebr., or orig­ 811-819 Lewis Tower Building, 225 South carrier, by motor vehicle, over irregular inating at or moving through, Lincoln, 15th Street, Philadelphia' 2, Pa. Au­ routes, transporting: Dairy products, as Nebr., destined to or moving through thority sought to operate as a common described in Descriptions of Motor Car­ Sioux City, Iowa, may be transported carrier, by motor vehicle, over irregular rier Certificates, 61 M. C. C. 209 and 766, over said route. Applicant is authorized routes, transporting: Petroleum and pe­ and materials, equipment and Supplies to conduct similar operations in Colo­ troleum products, in bulk, in tank ve­ incidental to, and necessary to the proper rado, Illinois, Indiana, Iowa, Kansas, hicles, from points in Butler and Warren conduct of the business of the dairy in­ Missouri, and Nebraska. Counties, Ohio, to points in Indiana, dustry, and other products normally HEARING: July 1, 1958, at 11 o’clpck Kentucky, Michigan, Pennsylvania, and distributed at retail by the dairy industry, a. m., at the Nebraska State Railway West Virginia. Applicant is authorized as more fully described in the applica­ Commission, Capitol Building, Lincoln, to condu'ct operations in Connecticut, tion, and empty containers or other such Nebr., before Joint Board No. 93, or, if Delaware, Illinois, Indiana, Kansas, incidental facilities (not specified) used the Joint Board waives its right to par­ Kentucky, Maine, Maryland, Massachu­ in transporting the above-specified com­ ticipate, before Examiner Lucian A. setts, Michigan, Missouri, New Hamp­ modities, between Cedar Rapids and ackson shire, New Jersey, New York, Ohio, Clinton, Iowa, St. Paul and Minneapolis, No. MC 106307 (Sub No. 9), filed April Pennsylvania, Rhode Island, Tennessee, Minn., and Chicago, Rock Falls, Moline, 28, 1958. Applicant: FRANK A. WIL- Vermont, Virginia, West Virginia, and and Streator, 111. Applicant is author­ LERS, doing business as WILLERS the District of Columbia. ized to conduct operations in Iowa, Min­ HEAVY HAULING, 1109 East Third HEARING: June 20,1958, at the Offices nesota, Nebraska, and Wisconsin. Street, Sioux Falls, S. Dak. Applicant’s of the Interstate Commerce Commission, HEARING: June 24, 1958, at the Fed­ attorney: Theodore Mead Bailey, Jr., Washington, D. C., before Examiner Al­ eral Court Building, Marquette Avenue, 613 Security Bank Building, Sioux Falls, fred B. Hurley. South and Third Streets, Minneapolis, S. Dak. Authority sought to operate as No. MC 108053 (Sub No. 21), filed Minn., before Examiner Harold P. Boss. a common carrier, by motor vehicle, over April 17, 1958. Applicant: LITTLE No. MC 108449 (Sub N o /61), filed .irregular routes, transporting: Tractors, AUDREY’S TRANSPORTATION COM­ March 17, 1958. Applicant: INDIAN- with or without attachments, mounted PANY, INC., P. O. Box 310, Fremont, HEAD TRUCK LINE, INC., 1947 West or unmounted, and with parts, equip­ Nebr. Applicant’s attorney: Loyal G. County Road C, St. Paul 13, Minn. Ap­ ment or accessories incidental to the Kaplan, Suite 924 City National Bank plicant’s attorney:- Glenn W. Stephens, tractors or the attachments, (1) between Building, Omaha 2, Nebr. Authority 121 West Doty Street, Madison 3, Wis. points in Illinois on the one hand, and, sought to operate as a common carrier, Authority sought to operate as a com­ on the other, points in South Dakota, by motor vehicle, over irregular routes, mon carrier, by motor vehicle, over ir­ those in Rock, Nobles, Pipestone, Mur­ transporting: Animal fats, animal oils, regular routes, transporting: Salt, in ray, Lincoln, and Lyon Counties, Minn., vegetable oils and blends and products bags, and in bulk, in tank-hopper type and those in Lyon, Osceola, Sioux, thereof: edible fish oils and blends and and van type vehicles, from. St. Paul and O’Brien and Clay Counties, Iowa; (2) be­ products thereof: wine; whiskey; alco­ Minneapolis, Minn., and points within tween points in Rock, Nobles, Pipestone, hol; fruit juices and blends and products ten miles of each, to points in Iowa, Murray, Lincoln, and Lyon Counties, thereof; Jruit concentrates and blends North Dakota, South Dakota, Wiscon­ Minn., those in Lyon, Osceola, Sioux, and products thereof; vegetable juices sin, that portion of Minnesota on and O’Brien, and Clay Counties, Iowa and and blends and products thereof; vege­ east of U. S. Highway 53 between Duluth points in South Dakota. Applicant is table concentrates and blends and prod­ and the International Boundary line be­ authorized to conduct operations in ucts thereof; cherries in brine; olives in tween the United States and Canada South Dakota, Iowa, Minnesota, Colo­ brine; fruits and vegetables with and near International Falls, Minn., and to rado, Wisconsin, Illinois, Michigan, In­ without preservatives added; vinegar; ports of entry on the.. International diana, Kansas, Missouri, Montana, Wy­ cider; soups; sugar; syrups; frißt and Boundary Line between the U nitea. oming, Ohio, Pennsylvania, and Utah. vegetable extracts and blends and prod­ States and Canada in North Dakota and HEARING: July 2, 1958, at the U. S. ucts thereof; and all edible commodities, Minnesota, and empty containers nr Court Rooms, Sioux Falls, S. Dak., be­ other such incidental facilities (not fore Examiner Alton R. Smith. and soap, soap stock and products used No. MC 107107 (Sub No. 95), filed Feb­ in the manufacture thereof, all in bulk, specified) including shipper-owned trail­ ruary 19, 1958. Applicant: ALTERMAN in tank vehicles, and rejected and con­ ers and semi-trailers, on return. Ap­ TRANSPORT LINES, INC., P. O. Box 65, taminated shipments of the commodities plicant is authorized to conduct regular Wednesday, May 21, 1958 FEDERAL REGISTER 3471 route operations in Illinois, Iowa, Minne­ kota, South Dakota, Iowa, Hlinois, Wis­ HEARING: July 9, 1958, at the Ken­ sota and Wisconsin, and irregular route consin, the upper peninsula of Michigan, tucky Hotel, Louisville, Ky, before Ex­ operations in Illinois, Iowa, Michigan, and that portion of Minnesota on and aminer Mack Myers. Minnesota, North Dakota, South Dakota, east of U. S. Highway 53 between Duluth, No. MC 110988 (Sub No. 51), filed and Wisconsin. Minn., and the International Boundary April 2, 1958. Applicant: KAMPO HEARING: June 24, 1958, at the Fed­ line between the United States and Can­ TRANSIT, INC, 200 Cecil Street, Nee- eral Court Building, Marquette Avenue, ada near International Falls, Minn., in­ nah, Wis. Applicant’s attorney: Edward South and Third Streets, Minneapolis, cluding Duluth and International Falls, Solie, 1 South Pinckney Street, Madison Minn., before Examiner Harold P. Boss. Minn. Applicant is authorized to con­ 3, Wis. Authority sought to operate as No. MC 108449 (Sub No. 62), filed April duct regular route operations in Hlinois, a common carrier, by motor vehicle, over 21, 1958. Applicant: INDIANHEAD Iowa, Minnesota, and Wisconsin, and irregular routes, transporting: Saturant TRUCK LINE, INC., 1947 West County irregular route operations in Hlinois, (synthetic resin' with pigment), in bulk, Road C, St. Paul 13, Minn.. Applicant’s Iowa, Michigan, Minnesota, North Da­ in tank vehicles, from Munising, Mich, attorney Glenn W. Stephens, 121 West kota, South Dakota, and Wisconsin. to Niagara, Wis, and Lignin liquor, in Doty Street, Madison 3, Wis. Authority HEARING: June 25, 1958, at the Fed­ bulk, in tank Vehicles, from Appleton, sought to operate as a common carrier, eral Court Building, Marquette Avenue, Wis, to points in Alabama, Arkansas, by motor vehicle, over irregular routes, South and Third Streets, Minneapolis, Florida, Georgia, Kansas, Kentucky, transporting: Lard and lard compounds, Minn., before Examiner Harold P. Boss. Louisiana, Maryland, Mississippi, New in buik, in tank vehicles, (1) from Fargo, No. MC 108449 (Sub No. 65), filed May Jersey, New York, North Carolina, Okla­ N. Dak., to points in South Dakota, Iowa, 2, 1958. Applicant: INDIANHEAD homa, Pennsylvania, South Carolina, Minnesota, Wisconsin, the upper penin­ TRUCK LINE, INC., 1947 West County- Tennessee, Texas, Virginia, and West sula of Michigan, Illinois, and points in Road C, St. Paul 13, Minn. Applicant’s Virginia. Applicant is authorized to the Chicago, 111., Commercial Zone as de­ attorney: Glenn W. Stephens, 121 West conduct operations in Arkansas, Geor­ fined by the Commission, in Indiana, (2) Doty Street, Madison 3, Wis. Authority gia, Hlinois, Indiana, Iowa, Kansas, from points in the St. Paul-Minneapolis, sought to operate as a common carrier, Kentucky, Louisiana, Michigan, Minne­ Minn., Commercial Zone, as defined by by motor vehicle, over irregular routes, sota, Missouri, Nebraska, Ohio, Okla­ the Commission, to points in North Da­ transporting: Fertilizer, liquid, in bulk, homa, Tennessee, Texas, and Wisconsin. kota, South Dakota, Ipwa, Illinois, Wis­ in tank vehicles, from Dakota City, Iowa, HEARING: June 24, 1958, at the Wis­ consin, the upper peninsula of Michigan, to points in Minnesota. Applicant is au­ consin Public Service Commission, Mad­ that portion of Minnesota on and east of thorized to conduct regular route opera­ ison, Wis., before Examiner Alton R. U. S. Highway 53 between Duluth and tions in Illinois, Iowa, Minnesota and Smith. the International boundary line between Wisconsin, and irregular route opera­ No. MC 111472 (Sub No. 55), filed the United States and Canada near In­ tions in Illinois, Iowa, Michigan, Minne­ March 17, 1958. Applicant: DIAMOND ternational Falls, Minn., including Du­ sota, North Dakota, South Dakota, and TRANSPORTATION SYSTEM, INC., luth and International Falls, and points Wisconsin. 1919 Hamilton Street, Racine, Wis. Ap­ in the Chicago, 111., Commercial Zone as HEARING: July 1,1958, at the Federal plicant’s attorney: Glenn W. Stephens, defined by the Commission in Indiana, Court Building, Marquette Avenue South 121 West Doty Street, Madison 3, Wis. and empty containers or other such inci­ and Third Streets, Minneapolis, Minn., Authority sought to operate as a con­ dental facilities (not specified), including before Joint Board No. 146, or, if the tract carrier, by motor vehicle, over ir­ shipper-owned trailers and semi-trailers, Joint* Board waives its right to partici­ regular routes, transporting: Agricul­ used in ~ transporting the commodities pate, before Examiner Harold P. Boss. tural implements, other than hand, and specified in this application on return. No. MC 108449 (Sub No. 66), filed May parts thereof, from Memphis, Tenn., to Applicant is authorized to conduct regu­ 2, 1958. Applicant: INDIANHEAD points in Wisconsin, Minnesota, and the lar route operations in Illinois, Iowa, TRUCK LINE, INC., 1947 West County upper peninsula of Michigan. Applicant Minnesota, and Wisconsin, and irregular Road C, St. Paul 13, Minn. Applicant’s is authorized to conduct operations route operations in Illinois, Iowa, Michi­ attorney: Glenn W. Stephens, 121 West throughout the United States, except gan, Minnesota, North Dakota, South Doty Street, Madison 3, Wis. Authority Nevada and the District of Columbia. Dakota, and Wisconsin. sought to operate as a common carrier, Note: Applicant is authorized to conduct HEARING: June 30, 1958, at the Fed­ by motor vehicle, over irregular routes, contract carrier operations in Permit No. eral Court Building, Marquette Avenue, transporting: Starch, in bags, and in MC 111472 and subs thereunder. It has filed South and Third Streets, Minneapolis, bulk, in hopper-type vehicles, from Graf­ an appropriate application with this Com­ Minn., before Examiner Harold P. Boss. ton, N. Dak., to points in Minnesota, mission for a determination of its status as No. MC 108449 (Sub No. 63), filed April Wisconsin, and the upper peninsula of a common or contract carrier. 23, 1958. Applicant: INDIANHEAD Michigan. Applicant is authorised to HEARING: June 23, 1958, at the Wis­ TRUCK LINES, INC., 1947 West County conduct regular route operations in Hli­ consin Public Service Commission, Madi­ Rôad C, St. Paul 13, Minn. Applicant’s nois, Iowa, Minnesota, find Wisconsin, son, Wis., before Examiner Alton R. attorney: Glenn W. Stephens, 121 West and irregular route operations in Hlinois, Smith. Doty Street, Madison 3, Wis. Authority Iowa, Michigan, Minnesota, North Da­ No. MC 111586 (Sub No. 5), filed April sought to operate as a common carrier, kota, South Dakota, and Wisconsin. 8, 1958. Applicant: ARNE C. FRIE- by motor vehicle, over irregular routes, HEARING: June 30, 1958, at the Fed-< STAD, doing business as FRIESTAD transporting: Liquid or dry packing eral Court Building, Marquette Avenue, COMPANY, Hailey, Idaho. Applicant’s house products, materials and supplies, South and Third Streets, Minneapolis, attorney: Raymond D. Givens, 1530 rendering plant products, materials and Minn., before Examiner Harold P. Boss. Idaho Street, P. O. Box 964, Boise, Idaho. supplies, that can be poured, scooped or No. MC 109637 (Sub No. 78), filed April Authority sought to operate as a com­ shoveled, in bulk, between points in Min­ 24, 1958. Applicant: GASOLINE mon carrier, by motor vehicle, ovér ir­ nesota, North Dakota, South Dakota, TRANSPORT CO., a Corporation, 4107 regular routes, transporting: Ore and Iowa, Wisconsin, Illinois, Nebraska, Mis­ Bells Lane, Louisville 11, Ky. Authority ore concentrates, from that part of Cus­ souri, the upper peninsula of Michigan, sought to operate as a common carrier, ter County, Idaho, lying west of a line Kansas, and points in thé Chicago, HI., by motor vehicle, over irregular routes, commencing at the intersection tîf the Commercial Zone, as defined by the Com­ transporting: Coloring syrup, in bulk, in southerly boundary of Custer County mission located in Indiana, except that tank vehicles, from Louisville, K y, to with the Range line common to Range no authority is sought herein to trans­ points in Illinois, Indiana, Tennessee, 15 East and Range 16 East of the Boise port lard and lard compounds, in bulk, Meridian, thence northerly along said in tank vehicles (1) from Fargo, N. Dak., Louisiana, and Georgia. Applicant is authorized to conduct operations in Ala­ Range line to the* intersection of the to points in South Dakota, Iowa, Minne­ Township line common to Township 10 sota, Wisconsin, the upper peninsula of bama, Florida, Georgia, Hlinois, Indiana, North and* Township 11 North, thence Michigan, and Hlinois, and (2) from Iowa, Kentucky, Louisiana, Michigan, westerly along said Township line to thé Points in the St. Paul-Minneapolis, Minnesota, Mississippi, Missouri, North Range line common to Range 14 East Minn., Commercial Zone, as defined by Carolina, Ohio, Tennessee, Texas, West and Range 15 East, and thence along the Commission, to pointe in North Da- Virginia, and Wisconsin. said Range line northerly to the north- No. 1001 7 3472 NOTICES erly boundary of Custer County to Ket- described commodities, (the property of value, Class A and B explosives, house­ chum and Hailey, Idaho, and the loading the shipper), from Bismarck, N. Dak., to hold goods as defined by the Commission, docks of the Union Pacific Railroad Sioux Falls, S. Dak. Applicant is "auth­ commodities in bulk and those requiring Company between Hailey and Ketchum, orized to conduct operations in Cali­ special equipment, from Nebraska City, Idaho. Applicant is authorized to con­ fornia, Iowa, - Minnesota, Nebraska, Nebr., to points in Nebraska. Applicant duct operations in Idaho and Utah. Nevada, North Dakota, Oregon, South is authorized to conduct operations from Dakota, Utah, and Washington. and to specified points in Iowa, Nebraska, Noté: Duplication with present authority to be eliminated. HEARING: July 8, 1958, at the South Kansas, Missouri, Colorado, Oklahoma, Dakota Public Utilities Commission, Minnesota, South Dakota, Montana, Wy­ - HEARING: June 30,1958, at the Idaho Pierre, S. Dak., before Joint JBoard No. oming, Illinois, and Arkansas. Public Utilities Commission, State 158, or, if the Joint Board waives its Note: Applicant -has filed appropriate ap­ House, Boise, Idaho, before Joint Board right to participate, before Examiner plication with the Commission for a determi­ No. 49, or, if the Joint Board waives its Alton R. Smith. nation of its status as a common or con­ right to participate, before Examiner No. MC 111812 (Sub No. 47), filed Feb­ tract carrier in MC 113382 Sub No. 6. James H. Gaffney. ruary 27, 1958. Applicant: MIDWEST HEARING: July 2, 1958, at the Ne­ No. MC111617 (Sub No. 3), filed May 6, COAST TRANSPORT, INC., Wilson braska State Railway Commission, Capi­ 1958. Applicant: O’NEILL TRANSFER Terminal Building, P. O. Box 747, Sioux tol Building, Lincoln, Nebr., before Joint COMPANY, INC., 1991 Northwest Up­ Falls, S. Dak. Applicant’s attorney: Board No. 93, or, if the Joint Board shur Street, Portland 9, Oreg. _ Ap­ Loyal Kaplan, 924 City National Bank waives its right to participate, before plicant’s attorney: Earle V. White, 1401 Building, Omaha, Nebr. Authority Examiner Lucian A. Jackson. Northwest 19th Avenue, Portland 9, sought to operate as a common carrier, No. MC 113861 (Sub No. 17), filed Oreg. Authority sought to operate as by motor vehicle,, over irregular routes, March 31, 1958. Applicant: W. H. a common carrier, by motor vehicle, over transporting: (1) Meats, packing-house WOOTEN AND J. H. PARKER, doing irregular routes, transporting: New products, and commodities used by pack­ business as W. H. WOOTEN TRANS­ furniture, Or) between points in Wash­ ing houses, as defined in Appendix I to PORTS, 15§ Gaston Avenue, Memphis ington on the one hand, and, on the the report in Descriptions in Motor Car­ 6, Tenn. Applicant’s attorney: Louis I. other, points in Oregon; (2) between rier Certificates, 61 M. C. C. 209, 766, Dailey, 2111 Sterick Building, Memphis points in Washington and Oregon, on from Watertown, S. Dak., to points in 3, Tenn. Authority sought to operate the one hand, and, on the other, points Montana, Idaho, Oregon, and Washing­ as a common carrier, by motor vehicle, in Idaho. Applicant is authorized to ton; (2) Cheese, from Sioux Falls, S. over irregular routes, transporting: Pe­ conduct operations in Washington, Ore­ Dak., to Billings, Mont.; and (3) Hooks troleum and petroleum products, as de­ gon, and Idaho. and racks, (the property of the shipper), fined in Appendix XIII of Descriptions Note : Applicant states that the purpose of used in transporting the above-specified in Motor Carrier 'Certificates, 61 M. C. C. this application is to secure removal of the commodities, from the above-described 209, Pgs. 294-296, including liquefied restriction in applicant’s present certificate destination points to the above-described petroleum gases, in bulk, in tank ve­ which limits new furniture to that which is origin points. Applicant is authorized to hicles, and empty containers or other “uncrated”. conduct operations in California, Iowa, such incidental facilities (not specified) HEARING: July 16, 195«, at 538 Pit- Minnesota, Nebraska, Nevada, North used in transporting the commodities tock Block, Portland, Oreg., before Joint Dakota, Oregon, South Dakota, Utah,' specified above, between points in Clay Board No. 81, or, if the Joint Board and Washington. County, Miss., and points in Mississippi, waives its right to participate, before HEARING: June 30, 1958, at the U. S. south of U. S. Highway 80, except those Examiner James H. Gaffney. Court Rooms, Sioux Falls, S. Dak., before in Jones County, Miss:, on the one hand, No. MC 111812 (Sub No. 42), filed Jan­ Examiner Alton R. Smith. and, on the other, points in Tennessee. uary 1958. Applicant: MIDWEST No. MC 112617 (Sub No. 40), filed April Applicant is authorized to conduct oper­ COAST TRANSPORT, INC., Wilson Ter­ 7, 1958. Applicant: LIQUID TRANS­ ations in Alabama, Arkansas, Illinois, minal Building, P. O. Box 747, Sioux PORTERS, INC., P. O. Box 5135, Chero­ 'Indiana, Iowa, Kentucky, Mississippi, Falls, S. Dak. Applicant’s attorney: kee Station, Louisville 5, Ky. Applicant’s Missouri, and Tennessee. Loyal Kaplan, 924 City National Bank attorney: Joseph J. Leary, McClure HEARING: June 30, 1958, at the Pea­ Building, Omaha, Nebr. For authority Building, Frankfort, Ky. Authority body Hotel, Memphis, Tenn., before to operate as a common carrier, over ir­ sought to operate as a common carrier, Joint Board No. 4, or, if the Joint Board regular routes, transporting: Frozen by motor vehicle, over irregular routes, waives its right to participate, before foods and frozen fruit juice concentrates, transporting: Insecticide (chlorinated Examiner Mack Myers, requiring refrigeration, and canned hydrocarbons), in bulk, in tank vehicles, No. MC 113908 (Sub No. 35), filed goods, between points in Washington, from Wyoming, 111,, and points within April 17, 1958. Applicant: ERICKSON Oregon, California, and Idaho, on the five miles thereof, to points in Indiana, TRANSPORT CORPORATION, P. O. one hand, and, on the other, points in Iowa, Kentucky, Minnesota, Missouri, Box 706, Springfield, Mo. ^ Authority Illinois, Iowa, Minnesota, Missouri, Ne­ Tennessee, and Wisconsin, and rejected sought to operate as a common carrier, braska, North Dakota, South Dakota, shipments of the above-described com­ by motor vehicle, over irregular routes, and Wisconsin. Applicant is authorized modity, on return. Applicant is author­ transporting: Synthetic resins and to conduct operations in Iowa, Minne­ ized to conduct operations in Ohio, In­ varnish, in bulk, in insulated stainless sota, Nebraska, Nevada, North Dakota, diana, Kentucky, Maryland, Virginia, steel tank vehicles, without mechanical Oregon, South Dakota, Utah, and Wash­ North Carolina, South Carolina, Georgia, refrigeration, from Kansas City, Mo., ington. ? r Alabama, Mississippi, West Virginia, and Kansas City, Kans., to points in Min-, HEARING: July 9, 1958, at the Rome Pennsylvania, Michigan, Illinois, Ten­ nesota, Illinois, and Nebraska. Appli­ Hotel, Omaha, Nebr., before Examiner nessee, Missouri, Wisconsin, Minnesota, cant is authorized to conduct operations Lucian A. Jackson. Iowa, Nebraska, Kansas, Oklahoma, in Indiana, Missouri, Florida, -Ohio, No. MC 111812 (Sub No. 43), filed Jan­ Arkansas, Louisiana, Texas, and Florida. Michigan, and Illinois. uary 16, 1958. Applicant: MIDWEST HEARING: July 10, 1958, at the Ken­ HEARING: June 27,1958, at the Hotel COAST TRANSPORT, INC., Wilson tucky Hotel, Louisville, Ky., before Ex­ Pickwick, Kansas City, Mo., before Ex­ Terminal Building, P. O. Box 747, Sioux aminer Mack Myers. aminer Lucian A. Jackson. Falls, S. Dak. For authority to operate No. MC 113382 (Sub No. 7), filed March No. MC 113908 (Sub No. 36), filed as a common carrier, over irregular 19, 1958. Applicant: HOWARD J. NEL- April 21, 1958. Applicant: ERICKSON routes, transporting: (1) Meats, pack­ * SEN AND JAMES MELVIN NELSEN, a TRANSPORT CORPORATION, MPO Partnership, doing business as NELSEN Box 706, Springfield, Mo. Applicant’s ing-house products, and commodities BROS., 1215 Sixth Corso, Nebraska City, used by packing houses, as defined in Ndbr. Applicant’s attorney: J. Max attorney: Turner White, 808 Woodruff Appendix 1 to the report in Descriptions Harding, 605 South 12th Street, Lincoln -Building, Springfield, Mo. Authority in Motor Carrier Certificates, 61 M. C. C. 8, Nebr. . Authority sought to operate as sought to operate as a common carrier, 209, 766, from Sioux Falls, S. Dak., to a contract carrier, by motor vehicle, over by motor vehicle, over irregular routes, Bismarck, N. Dak.; and (2) Hooks and irregular routes, transporting: General transporting: Synthetic: resins and var­ racks, used in transporting the above-, commodities, except those of unusual nish, in bulk, in insulated steel tank ve- Wednesday, May 21, 1958 FEDERAL REGISTER 3473 hides, frofn Kansas City, Mo., to points duct operations in California and 47 to junction U. S. Highway 41, thence in Minnesota, Illinois, Tennessee, and Oregon. over U, S. Highway 41 to junction Wis­ Ohio. Applicant is authorized to trans­ HEARING: July 3,1958, at 538 Pittock consin Highway 26, thence over Wiscon­ port other specified commodities in Block, Portland, Oreg., before Examiner sin Highway 26 to junction U. S. High­ Florida, Illinois, Indiana, Iowa, Kansas, jJames H. Gaffney. way 51, thence over U. S. Highway 51 Kentucky, Michigan, Minnesota, Mis­ No. MC 115135 (Sub No. 3), filed May to junction U. S. Highway 34, thence souri, Nebraska, Ohio, South Dakota, 9, 1958. Applicant: CHEMICAL EX­ over U. -S. Highway 34 to Princeton, and Texas. PRESS, a Corporation, 305 Simons serving no intermediate points. HEARING: June 27, 1958, at the Hotel Building, Dallas, Tex. Applicant’s a t­ HEARING: June 25, 1958, at the Wis­ Pickwick, Kansas City, Mo., before Ex­ torney: W. D. White, 1900 Mercantile consin Public Service Commission, Mad­ aminer Lucian A. Jackson. Dallas Building, Dallas 1, Tex. Authority ison, Wis., before Joint Board No. 13, or, No. MC 114250 (Sub No. 1), filed March sought to operate as a contract carrier, if the Joint Board waives its right to 28, 1958. Applicant: EUGENE LUISI, by motor vehicle, over irregular routes, participate, before Examiner Alton R. doing business as LUISI TRUCK LINES, transporting: Cement, in bulk, between Smith. 2151 South First Street, Yakima, Wash. Fort Worth, Dallas, Houston, Orange, No. MC 115651 (Sub No. 3), Amend­ Applicant’s attorney: John M. Hickson, and Echo, Tex., on the one hand, and, on ment) , filed April 18, 1958, published is­ Failing Building, Portland, Oreg. Au­ the other, points in Arkansas, Oklahoma, sue of May 14, 1958, at page 3288. Ap­ thority sought to operate as a contract Louisiana, and New Mexico. Applicant plicant: KANEY TRANSPORTATION, carrier, by motor vehicle, over irregular is authorized to transport bulk cement INC., 1023 East Album Street, Freeport, routes, transporting: Cannery supplies from Maryneal, Tex., to points in New 111. Applicant’s representative: George and materials, from points in Benton, Mexico. S. Mullins, 4704 West Irving Park Road, Cowlitz, Yakima and Walla Walla Coun­ Note: Applicant is affiliated to some ex­ Chicago 41, ill. Authority sought to op­ ties, Wash., to points in Umatilla and tent with Cement Transports, Inc., and erate as a common carrier, by motor Malheur Counties, Oreg., and from points Smith Transit, Inc.; Smith Transit, Inc., vehicle, over irregular routes, transport­ in Multnomah County, Oreg., to points holds common carrier authority in MC ing: Core compound, in bulk, in tank in Nez Perce, Payette, Gem, and Canyon 113514. Dual operations under section 210 vehicles, from Rockford, 111., to points Counties, Idaho. Fruits and vegetables may be involved. in Indiana south of U. S. Highway 40, and produce, unmanufactured, from HEARING: June 23, 1958, -at the points in Michigan north of Michigan points in Umatilla County, Oreg., to Offices of the Interstate Commerce Com­ Highway 21, points in Ohio and Mis­ points in Yakima, King, Pierce, and mission, Washington, D. C., before souri, and Louisville, Ky., and returned Spokane Counties, Wash. Empty con­ Examiner Herbert L. Hanback. or rejected shipments of the above-spec­ tainers or other such incidental facilities No.; MC 115162 (Sub No. 37), filed ified commodity on return. Applicant (not specified) used in transporting the March 24, 1958. Applicant: WALTER is authorized to transport core com­ commodities specified in this application POOLE, doing business as POOLE pound in Illinois, Indiana, Iowa, Michi­ on return. TRUCK LINE, Evergreen, Ala. Appli­ gan, and Wisconsin. HEARING: July 15, 1958, at 538 Pit- cant’s attorney: Hugh R. Williams, 2284 HEARING: Remains as assigned, June tock Block, Portland, Oreg., before Joint West Fairview Avenue, P. O. Box 869, 20, 1958, in Room 852, U. S. Custom Board No. 81, or, if the Joint Board Montgomery, Ala. Authority sought to House, 610 South Canal Street, Chicago, waives its right to participate, before operate as a common carrier, by motor 111., before Examiner Alton R. Smith. Examiner James H. Gaffney. Vehicle, over irregular routes, transport­ No. MC 115841 (Sub No. 24), filed April No. MC 114282 (Sub No. 1), filed March ing: Cement, from Mobile, Ala., to points 14, 1958. Applicant: COLONIAL 24, 1958. Applicant: KARL W. OTTE, in Mississippi. Applicant is authorized REFRIGERATED TRANSPORTATION Route 2, Northfield, Minn. Applicant’s to conduct operations throughout the INC., 1215 Bankhead Highway West, representative: A. R. Fowler, 2288 Uni­ United States. P. O. Box 2169, Birmingham, Ala. Au­ versity Avenue, St. Paul, Minn. Au­ HEARING: June 23, 1958, at the thority sought to operate as a common thority sought to operate as a common Robert E. Lee Hotel, Jackson, Miss., be­ carrier, by motor vehicle, over irregular carrier, by motor vehicle, over irregular fore Joint Board No. 14, or, if the Joint routes, transporting: Meats, meat prod­ routes, transporting: Animal and poul­ Board waives its right to participate, ucts, and meat by-products, as described try feed, from New Richmond, Wis., to before Examiner Mack Myers. in Section A of Appendix I to the report points in Rice County, Minn. Applicant No. MC 115331 (Sub No. 6), filed April in Descriptions in Motor Carrier Certifi­ is authorized to transport similar com­ 7, 1958. Applicant: TRUCK TRANS­ cates, 61 M. C. C. 209 and 766, from Her­ modities in Minnesota arid Wisconsin PORT, INC., 536 Edgewood Lane, Festus, nando, Miss., to New Orleans, La., Kan­ over a regular route. Mo. Applicant’s representative: A. A. sas City, Mo., Wilmington, Del., and Note: If and when the authority applied Marshall, 305 Buder Building, St. Louis Washington, D. C., and to points in Ala­ for is granted, applicant requests his present 1, Mo. Authority sought to operate as a bama, Florida, Georgia, Illinois, Indiana, regular route authority from New Richmond, common carrier, by motor vehicle, over Kentucky, Massachusetts, Maryland, Wis., to Dundas and Northfield, Minn.r under irregular routes, transporting: Fertilizer, Michigan, New Jersey, New York, Ohio, Certificate No. MG 114282-be revoked as both in bulk, in special hopper type vehicles, Pennsylvania, Rhode Island, and, Vir­ of these towns are within the boundary of from East St. Louis, 111., to points in Iowa ginia. Applicant is authorized to conduct Rice County, Minn. and Missouri. Applicant is authorized operations in Alabama, Arkansas, Con­ HEARING: July 8, 1958, at the Fed­ to transport similar commodities in necticut, Delaware, Florida, Georgia, Hli- eral Court Building, Marquette Avenue, Arkansas, Illinois, Iowa, Kansas, Ken­ nois, Indiana, Kentucky, Louisiana, South and Third Streets, Minneapolis, tucky, Missouri, Oklahoma, and Ten- Maine, Maryland, Massachusetts, Mich­ Minn., before Joint Board No. 142, or, I16SSC6. igan, Mississippi, New Jersey, New York, if the Joint Board waives its right to par­ HEARING: June 25,1958, at the Mark North Carolina, Ohio, Oklahoma, Penn­ ticipate, before Examiner Harold P. Boss. Twain Hotel, St. Louis, Mo., before Joint sylvania, Rhode Island, South Carolina, No. MC 115130 (Sub No. 1), filed April Board No. 46, or, if the Joint Board Tennessee, Texas, Virginia, Washington, 21,1958. Applicant: PAULSON TRUCK waives its right to participate, before West Virginia, Wisconsin, and the Dis­ LINE, INC., 2008 Northeast Airport Examiner Lucian A. Jackson. * trict of Columbia. Road, Roseburg, Oreg. Applicant’s at­ No. MC 115589 (Sub No. 1) , filed April HEARING: June 27, 1958, at the Pea­ torney: Earle V. White, 1401 Northwest 7,1958. Applicant: L. C. FOESCH, doing body Hotel, Memphis, Tenn., before Ex­ business as L. C. FOESCH TRANSFER aminer Mack Myers. IQth Avenue, Portland 9, Oreg. Author­ No. MC 116291 (Sub No. 1), filed April ity sought to operate as a common car- LINE, 713 East Green Bay Street, Sha­ wano, Wis. Authority sought to oper­ 15, 1958. Applicant: JAMES ROBERT Tler> by motor vehicle, ovef irregular ate as a contract carrier, by motor HILTON, P. O. Box 749, Brawley, Calif. routes, transporting: Lumber, from vehicle, over a regular route, transport­ Applicant’s attorney: Ivan McWhinney, Points in Douglas County, Oreg., to points ing: Box shooks,.crates, glued dimen­ 639 South Spring Street, Los Angeles, iu Arizona, California, Idaho, Utah, and sions and wooden shipping containers, Calif. Authority sought to operate as a Nevada, and exempt commodities on re­ from Shawano, Wis., to Princeton, HI., common carrier, by motor vehicle, over turn. Applicant is authorized to con­ from Shawano over Wisconsin Highway irregular routes, transporting: Cotton- 3474 NOTICES seed, and animal and poultry feeds, in gan, Minnesota, Texas, Wisconsin, Mis­ mission, Washington, D. C., Deiore Ex­ bulk, in drag bottom type equipment, sissippi, Missouri, Nebraska, New Hamp­ aminer Alfred B. Hurley. from ports of entry on the International shire, New Jersey, New York, Tennessee, No. MC 116962 (Sub No. 1), filed May Boundary line between the United States North Carolina, North Dakota, Ohio, 6, 1958. Applicant: J. K. WYATT, and Mexico at or near Calexico and Oklahoma, Pennsylvania, Rhode Island, Gatesville, N. C. Applicant’s attorney: Tecate, Calif., to points in Imperial, Vermont, and the District of Columbia, Dale C. Dillon, 1825 Jefferson Place NW., Riverside, San Bernardino, and San and empty containers of other such in­ Washington 6, D. C. Authority sought Diego Counties, Calif. cidental facilities (not specified) used in to operate as a contract carrier, by motor HEARING: June 16, 1958, at the Fed­ transporting the above-specified com­ vehicle, over irregular routes, transport­ eral Building, Los Angeles, Calif., before modities on return. Applicant is au­ ing: Lumber, from Roxobel and Cove Joint Board No. 304, or, if the Joint thorized to conduct operations in Ala­ City, N. C., to points in Connecticut, New Board waives its right to participate, bama, Florida, Georgia, Kentucky, North York, New Jersey, Delaware, Pennsylva­ before Commissioner John H. Winchell. Carolina, South Carolina, and Tennessee. nia, Virginia, Maryland, West Virginia, Georgia, Florida, South Carolina, and No. MC 116387 (Sub No. 14), filed April Note: Applicant states it seeks no d u p li­ the District of Columbia. Applicant is 14, 1958. Applicant: ALABAMA TANK cating authority. authorized to transport cucumbers, LINES, INC., P. O. Box 36, Powderly HEARING: July 3, 1958, at the Dink- piekled and pickle condiments from Aho- Station: Birmingham, Ala. Applicant’s ler-Andrew Jackson Hotel, Nashville, skie, N. C., to specified points in New. representative: J. A. Gammon, Vice Tenn., before Examiner Mack Myers. York and Bridgeport, Conn., and empty President, 4107 Bells Lane, Louisville 11, No. MC 116791 (Sub No. 1), filed April containers therefor on return. Ky. Authority sought to operate as a 4, 1958 Applicant: LEONARD R. common carrier, by motor vehicle, over GREEN, doing business as FARMERS Note: Applicant states the proposed opera-, irregular routes, transporting: Petro­ tions will be under a continuing contract ELEVATOR, Kensington, Minn. Ap­ with W. G. Warmack Lumber Company of leum and petroleum products, as de­ plicant’s representative: A. R. Fowler, Roxobel, N. C. scribed in Appendix XIII to the report in Agent, Associated Motor Carriers, Tariff Descriptions in Motor Carrier Certifi­ Bureau, 2288 University Avenue, St. HEARING: June 25, 1958, at the cates, in bulk, in tank vehicles, from Paul 14, Minn. Authority sought to Offices of the Interstate Commerce Com­ Moundville, Ala., and points within 25 operate as a common carrier, by motor mission, Washington, D. C., before Ex­ miles thereof, to points in Mississippi. vehicle, over irregular routes, transport­ aminer Isadore Freidson. Applicant is authorized to conduct oper­ ing : Animal and poultry feed, from New No. MC 117033, filed November 29, ations in Alabama, Arkansas, Florida, Richmond, Wis., to points in Becker, 1957^ROBERT J. DURST, doing business Georgia, Kentucky, Louisiana, Missis­ Swift and Wilkin Counties, Minn., and as ROBERT DURST TRUCKING CO., sippi, North Carolina, South Carolina, manufactured feed ingredients, in bags, 2026 Sioux Avenue, Rapid City, S. Dak. and Tennessee. from points in Anoka, Dakota, Hennepin, Applicant’s attorney: Julius F. Sieler, HEARING: June 20, 1958, at the Ramsey, and Scott Counties, Minn., to Elks Building, Rapid City, S. Dak. For Robert E. Lee Hotel, Jackson, Miss., be­ New Richmond, Wis. Applicant is au­ authority to operate as a contract car­ fore Joint Board No. 14, or, if ihe Joint- thorized to transport animal and poultry rier, over a regular route, transporting: Board waives its right to participate, be­ feeds from New Richmond, Wis., to Beer and beverages, in containers, and fore Examiner Mack Myers. points in specified counties in Minnesota empty beer and beverage containers, be­ No. MC 116391 (Sub No. 2), filed May and manufactured feed ingredients in tween Rapid City, S. Dak., and St. Paul, 9, 1958. Applicant: CEMENT TRANS­ bulk from and to the points requested Minn., from Rapid City over combined PORTS, INC., 305 Simons Building, Dal­ herein. U. S. Highways 14 and 16 to junction las, Tex. Applicant’s attorney: W. D. HEARING: July 8,1958, at the Federal U. S. Highway 14, thence over U. S. White, 1900 Mercantile Dallas Building, Court Building, Marquette Avenue, South Highway 14 to Miller, S. Dak. (a distance Dallas 1, Tex. Authority sought to op­ and , Third Streets, Minneapolis, Minn., of aproximately 260 miles), thence oyer erate as a contract carrier, by motor before Joint Board No. 142, or, if the South Dakota Highway 45 to junction vehicle, over irregular routes, ^transport­ Joint Board waives its right to partici­ U. S. Highway 212 (a distance of ap­ ing: Packaged cement and mortar, and pate, before Examiner Harold P. Boss. proximately 25 miles), thence over U. S; empty containers therefor, between Fort No. MC 116830 (Sub No. 1), filed May Highway 212 to Montevideo, Minn, (a Worth, Dallas, Houston, Orange, and 6, 1958. Applicant: RAYMOND J. DA­ distance of approximately 200 miles), Echo, Tex., on the one. hand, and, on the VIS, JR., Germantown, Montgomery thence over Minnesota Highway 7 to St. other, points in Arkansas, Oklahoma, County, Mdf Applicant’s attorney: Paul (a distance of approximately 140 Louisiana, and New Mexico. miles), «.nd return over the same route,, Henry F. Lerch, 815 15th Street NW., serving all intermediate points. N ote: Applicant is affiliated to some ex­ Washington 5, D. C. Authority sought tent with Chemical Express and Smith Tran­ to operate as a contract carrier, by motor Note: Applicant states it intends only to sit, Inc.; Smith Transit, Inc., holds common vehicle, over irregular routes, transport­ serve wholesaler of the above products from carrier authority in MC 113514. Dual opera­ ing: (1) Peanut meal, in bags from New­ manufacturer at St. Paul, Minn., at its office tions under section 210 may be involved. as a wholesale distributor of beer and bev­ port News, Va., and points in Nansemond erages at. Rapid City, S. Dak., and return HEARING: June 23, 1958, at the Of­ County, Va., to points in Montgomery, empty containers to wholesaler at St. Paul, fices of the Interstate Commerce Com­ Frederick, Harford, and Carroll Counties, Minn., and no service of said services at any mission, Washington, D. C., before Md., and those in Lancaster and York intermediate points on proposed route. Examiner Herbert L. Hanback. Counties, Pa.; (2) Cottonseed meal, iri No. MC 116459 (Sub No. 2), filed bags, from points in Edgecombe, Nash, HEARING: July 7, 1958, at the South March 21, 1958. Applicant: ASPHALT and Wayne Counties, N. C., and those in Dakota Public Utilities Commission, HAULERS, INC., Airport Road, P. O. Box Marlboro and Darlington Counties, S. C„ Pierre, S. Dak., before Joint Board No- 8292, Chattanooga 11, Tenn. Applicant’s to points in Fauquier, Culpeper, and 26, or, if the Joint Board waives its right attorney; James W. Wrape, 2111 Sterick Loudoun Counties, Va., those in Mont­ - to participate, before Examiner Alton R. Building, Memphis 3, Tenn. Authority gomery, Frederick, Harford, and Carroll . Smith. sought to operate as a common carrier, Counties, \Md., and those in York and No. MC 117136 (Sub No. 6), filed by motor vehicle, over irregular routes, Lancaster Counties, Pa.; (3) Flour, in April 30, 1958. Applicant: CAVEMAN transporting:. Acids and chemicals, coal bags, from points in Montgomery and TRANSPORT, INC., 2000. S outhw est u tar and coal tar products, and wood tar Frederick Counties, Md., to Newport Street, Grants Pass, Oreg. Applicant and wood tar products, in bulk, in tank News, Suffolk, and Norfolk, Va., I and representative: I. R. Perry, P. O. Box»»*» vehicles, or in containers, from points in points in Henrico including Richmond, Grants Pass, Oreg. Authority sought to Hamilton and Hickman Counties, Tenn., Nansemond, Norfolk, James City, Isle of operate as a common carrier, by moto to points in Alabama, Arkansas, Colo­ Wight, Sussex, and Princess Anne Coun­ vehicle, over irregular routes, tran sp os­ rado, Connecticut, Delaware, South ties, Va., and empty containers used in ing: Lumber, from points in Jackson an^ Carolina, Virginia, Florida, Georgia, transporting the above commodities on Josephine Counties, Oreg., to P01ilts Illinois, Indiana, Iowa, Kansas, South return. Alameda, Contra Costa, Marin» °acr - Dakota, West Virginia, Kentucky, Louisi­ HEARING: June 25, 1958, at the Of­ mento, San Francisco, San M ateo, a ana, Maryland, Massachusetts, Michi­ fices of the Interstate Commerce Com­ Solano Counties, Calif. Applicant Wednesday, May 21, 1958 FEDERAL REGISTER 3475 authorized to transport lumber in waives its right to participate, before No. MC 117237 (Sub No. 3), filed April Arizona, California, Nevada, and Oregon. Examiner James H. Gaffney. 29, 1958. Applicant: C. P. JETER, 517 HEARING: July 9, 1958, at 538 Pittock No. MC 117198, filed February 20,1958. Erwin, Calimesa, Calif. Applicant’s a t­ Block, Portland, Oreg., before Joint Applicant: HILBERT VAN WESTEN, torney : Robert M. Bradley, Suite D, Board No. 11, or, if the Joint Board Parker, S. Dak. Applicant’s attorney: Bradley Building, 201 South Mission waives its right to participate, before John H. Zimmer, Parker, S. Dak. Au­ Drive, San Gabriel, Calif. Authority Examiner James H. Gaffney. thority sought to operate as a common sought to operate a common carrier, No. MC 117167, filed February 7, 1958. carrier, by motor vehicle, over irregular by motor vehicle, over irregular routes, Applicant: EDWIN J. BARRETT, doing routes, transporting: Mill feed and live­ transporting: Cottonseed cake, .flake or business as BARRETT’S AUTO SERV­ stock, between Sioux City, Iowa, on the meal, in bulk, in grain boxes, from the ICE, 6902 Railroad Avenue, Omaha, one hand, and, on the other, Parker, S. port of qptry on the international bound­ Nebr. Authority sought to operate as a Dak., and points within ten miles of ary line between the United States and common carrier, by motor vehicle, over Parker, including Hurley, S. Dak. Mexico at or near Calexico, Calif., to irregular routes, transporting: Wrecked HEARING: July 9, 1958, at the South points in Los Angeles, Imperial, Orange, and disabled motor vehicles and trailers, Dakota Public Utilities Commission, Riverside, and San Bernardino Counties, in truckaway service, requiring the use of Pierre, S. Dak., before Joint Board No. Calif. wrecker equipment, between points in 148, or, if the Joint Board waives its HEARING: June 16, 1958, at the Fed­ Nebraska, and points in Missouri, 'Colo­ right to participate, before Examiner eral Building, Los Angeles, Calif., before rado, Wyoming, Kansas, South Dakota, Alton R. Smith. Joint Board No. 304, or, if the Joint Board and Minnesota. No. MC 117218, filed March 3, 1958. waives its right to participate, before HEARING: July 7, 1958, at the Rome" Applicant: BAYARD H. UNDSLEY, Commissioner John H. Winchell. Hotel, Omaha, Nebr., before. Examiner Slayton, Minn. Authority sought to oper­ No. MC 117263, filed March 18, 1958. Lucian A. Jackson. ate as a contract 'carrier, by motor ve­ Applicant: GEORGE W. DENNIS AND No. MC 117170, filed February 7, 1958. hicle. over irregular routes, transporting : ROBERT L. BEMENT, a Partnership, Applicant: WAYNE CHADWICK, doing Rowboats, outboard motor boats of steel, doing business as ST. CROIX TERMI­ business as CHADWICK TRUCKER, wood, aluminum or fiber construction NAL WAREHOUSE CO., Hudson, Wis. Route No. 1, Box 780,"'Florence, Oreg. nested on a motor truck, and boat acces­ Authority sought to operate as a com­ Applicant’s attorney: W. P. Riddles- sories, between points in Murray and mon carrier, by motor vehicle, over ir­ barger, Cascade Building, 1170 Pearl Pipestone Counties, Minn., and points in regular routes, transporting: General Street, Eugene, Oreg. Authority sought Iowa and South Dakota. commodities, except those of unusual to operate as a contract carrier, by motor HEARING: July 8, 1958; at the South value, Class A and B explosives, house­ vehicle, over irregular routes, transport­ Dakota Public Utilities Commission, hold goods as defined by the Commission, ing: Logs, rough and planed, lumber Pierre, S. Dak., before Joint Board No. commodities in bulk and those requiring and lumber products, from Swisshome, 147, or, if the Joint Board waives its special equipment, between Hudson, Oreg., to Port of Florence, Florence, right to participate, before Examiner Wis., and points in Douglas, Sawyer, Oreg., Port of Coos Bay, Coos Bay, Oreg., Alton R. Smith. Rusk, Taylor, • Clark, Jackson, Trem- and Davidson Dock, Mapleton, Oreg.; No. MC 117234, filed March 10, 1958. peauleau, Buffalo, Eau Claire, Chippewa, and empty containers or other such in­ Applicant: EMIL A. NORTON, Shell Barron, Washburn, Burnett, Polk, Dunn, cidental facilities (not specified) used Lake, Wis. Applicant’s attorney: W. W. St. Croix, Pierce, and Pepin Counties, in transporting the commodities speci­ Bitney, Spooner, Wis. Authority sought Wis., and Pine, Kanabec, Mille Lacs, fied, from the above-indicated destina­ to operate as a contract carrier, by motor Morrison, Steams, Meeker, McLeod, tions to Swisshome, Oreg. vehicle, over irregular routes, transport­ Wright, Sherbourne, Carver, Sibley, Ni­ HEARING: July 8,1958, at 538 Pittock ing: Commercial fertilizer, between Wi­ collet, Blue Earth, Waseca, Steel, Olm­ Block, Portland, Oreg., before Joint nona, Minn., on the one hand, and, on sted, Winona, Wabasha, Rice, Goodhue, Board No. 172, or, if the Joint Board the other, points in Washburn, Barron, Dakota, Scott, LeSueur, Ramsey, Henne­ waives its right to participate, before and Burnett Counties, Wis. pin, Washington, Anoka, Chisago, and Examiner James H. Gaffney. Note: Applicant states that deliveries axe Isanti Counties, Minn. ,, No. MC 117179 (Sub No. 1), filed April to be made either to Sarona Farmers Union HEARING: July 9, 1958, at the Fed­ 7, 1958. Applicant: C. A. STORY, 1306 Cooperative, Shell Lake, Wis., or direct to eral Court Building, Marquette Avenue, Page Street, Dexter, Mo. Applicant’s customers of SarQna Farmers Union Coop­ South and Third Streets, Minneapolis, representative: A. A. Marshall, 305 Buder erative, at the option of the latter party. Minn., before Joint Board No. 142, or, Applicant has common carrier irregular Building, St. Louis 1, Mo. Authority route authority in Certificate No. MO 74158, if the Joint Board waives its right to sought to operate as a common'carrier, dated May 4,1955—Section 210 (dual author­ participate, before Examiner Harold P. by motor, vehicle, over irregular routes, ity) may be involved. BosS. transporting: Beer, in bottles or cans, No. MC 117266 (Sub No. 2), filed in packages, from Milwaukee, Wis., to HEARING: June 24, 1958, at the Wis­ March 19, 1958. Applicant: GRAY & Poplar Bluff, Mo., and empty beer bottles, consin Public Service Commission, Madi­ SON TRUCK LINES, INC., 1918 North in cartons, on return. son, Wis., before Joint Board No. 142, or, Eighth Street, P. O. Box 786, Paducah, HEARING: June 25,1958, at the Mark if the Joint Board waives its right to par­ Ky. Authority sought to operate as a Twain Hotel, St. Louis, Mo„ before Joint ticipate, before Examiner Alton R/Smith. common carrier, by motor vehicle, over Board No. 194, or, if the Joint Board No. MC 117236 (Sub No. 3), filed April irregular routes, transporting: Sugar, waives its right to participate, before 14, 1958. Applicant: WALTER L. ED­ and empty containers or other such in­ Examiner Lucian A. Jackson. WARDS, 119 C Street, Brawley, Calif. cidental facilities (not specified) used in No. MC 117196, filed February 19,1958. Applicant’s attorney: Ivan McWhinney, transporting the commodity specified in Applicant: MELVIN J. SILVA, doing 639 South Spring Street, Los Angeles 14, this application, and rejected or dam­ business as MEL’S TRUCKING SERV­ Calif. Authority sought to operate as a aged shipments of sugar on return ship­ ICE, 9104 Greenview Drived Hayward, common carrier, by motor vehicle, over ments, between Paducah, Ky., and points Calif. Applicant’s attorney: Marvin J. irregular routes, transporting: Cotton­ in Kentucky on and west of U. S. High­ Colangelo, Crocker Building, San Fran­ seed, and animal and poultry feeds, in way 231, points in Illinois on and south cisco 4, Calif. . / bulk, in drag bottom type equipment, of U. S. Highway 50, points in Missouri Authority sought to operate as a co from Port of Entry at the boundary be­ on and south of U. S. Highway 66, and tract carrier, by motor vehicle, o\ tween the United States and Mexico at points in Tennessee on and west of Ten­ ^regular routes, transporting: Luml or near Calexico, Calif., to points in Los nessee Highway 13, on the one hand, and, and forest products, and articles man Angeles, Orange, Riverside, San Bernar­ on the other, New Orleans, La., and factured therefrom, from Gold Bea dino, and Imperial Counties, Calif. points within thirty (30) miles thereof. and Brookings, Oreg., to points HEARING: June 16, 1958, at the Fed­ HEARING: July 9, 1958, at the Ken­ California. eral Building, Los Angeles, Calif., before tucky Hotel, Louisville, Ky., before HEARING: July 8fl958, at 538 Pittock Joint Board No. 304, or, if the Joint Board Examiner Mack Myers. Block, Portland, Oreg., before Joint waives its right to participate, before No. MC 117273, filed March 20, 1958. Board No. 11, or, if the Joint Board Commissioner John H. Winchell. Applicant: C. & R. TRANSPORT CORP., 3476 NOTICES 3106 Southeast 22d Avenue, Portland, HEARING: July 1, 1958, at the Fed­ Applicant’s attorney: R. A. Porter, 407 Oreg. Applicant’s attorney: Seymour L. eral Court Building, Marquette Avenue, City National Bank Building, Council Coblens, Corbett Building, Portland 4, South and Third Streets, Minneapolis, Bluffs, Iowa. Authority sought to oper­ Oreg. Authority sought to operate as Minn., before Joint Board No. 146, or, if ate as a common carrier, by motor ve­ a contract carrier, by motor vehicle, over the Joint Board waives its right to par­ hicle, over irregular routes, transporting: irregular routes, transporting: NORTH­ ticipate, before Examiner Harold P. Wrecked and disabled motor vehicles and BOUND: Beer, in cases and kegs, from Boss. trailers, by use of wrecker equipment, in points in Los Angeles and San Francisco No. MC 117339, filed April 14, 1958. truckaway service, and repossessed motor Counties, Calif., to points in Oregon and Applicant: WILLARD SHEWMAKER, vehicles, in rtowaway service, between points in Clark and Spokane Counties, 5412 Nylon Court, Louisville, Ky. Appli­ points in Iowa, on the one hand, and, on Wash.; and Wines, from points in Stan­ cant’s attorney: Ollie L. Merchant, 712 the other points in Illinois, Missouri, islaus, Sonoma, Santa Clara, San Joa­ Louisville Trust Building, Louisville 5 2, Kansas, Nebraska, South Dakota, Min­ quin, Napa, Los Angeles, and San Fran­ Ky. Authority sought to operate as. a nesota, Wyoming, and Colorado. cisco Counties, Calif., to points in Ore­ contract carrier, by motor vehicle, over HEARING: July 3, 1958, at the Rome gon and points in Clark and Spokane irregular route, transporting: Brick, tile,. Hotel, Omaha, Nebr., before Examiner Counties, Wash.; and SOUTHBOUND: and cinder blocks, from Fairdale (Jeffer­ Lucian A. Jackson. Empty beer cases and kegs, from points son County), Ky., and points within five No. MC 117356, filed April 21» 1958. in Oregon and points in Clark and Spo­ (57 miles of Fairdale, to points in Iridiana Applicant: ORRIN S. TOWNSEND AND kane Counties, Wash., to points in Los and Ohio. ORRIN D. TOWNSEND, doing business Angeles and San Francisco Counties, HEARING: July 10, 1958, at the Ken­ as ' MITCHELL FUEL AND FEED Calif.; and Shingles and shakes, from tucky Hotel, Louisville, Ky., before Joint STORE, 801 North Rowley, Mitchell, points in Clatsop and Columbia Counties, Board No. 208, or, if the Joint Board S. Dak. Authority sought to operate as Oreg., and points in Cowlitz and Wah­ waives its right to participate before a common carrier, by motor vehicle, over kiakum Counties, Wash., to points in Examiner Mack Myers. irregular routes, transporting: Livestock California, Arizona, Utah, and Idaho; No. MC 117345, filed April 16, 1958. and poultry feeds (Wayne feeds), from and Milled specialty lumber, from points Applicant: MORTON A. TURNER, Star Sioux City, Iowa to points in Davison, in Clark County, Wash., to points in Route 29761, Auburn, Ky. Authority Sanborn, Jerauld, and Beadle Counties, California, Arizona, Utah, and Idaho. sought to operate as a contract carrier, S. Dak., and corn, grain and livestock on HEARING: July 2, 1958, at 538 Pittock by motor vehicle, over irregular routes, ' return. Block, Portland, Oreg., before Examiner transporting: Fertilizer, brick, concrete HEARING: July 9, 1958, at the South James H. Gaffney. blocks, and feed, in seasonal operations Dakota Public Utilities Commission, No. MC 117277, filed March 26, 1958. from February 1 to December 1 of each Pierre, S. Dak., before Joint Board No. Applicant: R. B. BROWNS, 3025 Delta year, from Knoxville, Mt. Pleasant, and- 185, or, if the Joint Board waives its Waters Road, Medford, Oreg. Authority Nashville, Term., to points in Logan and right to participate, before Examiner sought to operate as a contract carrier, Warren Counties, Ky. Alton R. Smith. by motor vehicle, over irregular routes, HEARING: July 8, 1958, at the Dink- No. MC 117361, filed April 24, 1958. transporting: Lumber mill products, in­ ler-Andrew Jackson Hotel, Nashville, Applicant^ WILLIS J. JONES, doing cluding plywood and veneer, between Tenn., before Joint Board No. 25, or, if business as JONES TRUCKING COM­ points in Siskiyou County, Calif., and the Joint Board waives its right to par­ PANY, 5701 West Rawson Avenue, Hales points in Jackson and Josephine Coun- ticipate, before Examiner Mack Myers. Corners, Wis. Applicant’s attorney: A. L. t/ics Oreg. No. MC 117351, filed April 18, 1958. Tilton, Lawyers Building, 845 North 11th HEARING: July 14, 1958, at 538 Pit­ Applicant: EUGENE THOMPSON AND Street, Milwaukee 3, Wis. Authority tock Block, Portland, Oreg., before Joint DARREL THOMPSON, doing business as sought to operate as a contract carrier, Board "No. 11, or, if the Joint Board THOMPSON BROS., Brandt, S. Dak. by motor vehicle, over irregular routes, waives its right to participate, before Applicant’s attorney: Gordon Gunder­ transporting: Sand and gravel, from New Examiner James H. Gaffney. son, Clear Lake, S. Dak. Authority Munster (Kenosha County), Wis., to job No. MC 117311, filed March 31, 1958. sought to operate as a common carrier, site, or sites, in Lake County, 111., and Applicant: SMITH TRANSFER COM­ by motor vehicle, over irregular routes, from Wadsworth (Lake County), 111., to PANY, INC., Montgomery, Ala. Appli­ transporting: Farm machinery, knocked job site, or sites, in Kenosha County, Wis. cant’s attorney: John C. Bradley, Suite down, and farm implements, from East HEARING: June 25, 1958, at the Wis­ 618 Perpetual Building, 1111 E Street, Moline, 111., Horicon, Wis., Des Moine^, consin Public Service Commission, Madi­ NW., Washington 4, D. C. Authority Ottumwa, and Waterloo, Iowa, to Elkton, son, Wis., before Joint Board No. 13, or, sought to operate as a common carrier, Clear Lake, and Lake Nordon, S. Dak., if the Joint Board waives its right to by motor vehicle, over irregular routes, and empty containers or other such in­ participate, before Examiner Alton R. transporting: Petroleum and petroleum cidental facilities (not specified) used in Smith. products, in bulk, in tank vehicles, be­ transporting the above commodities on No. MC 117362, filed April 25, 1958. tween Moundville, Ala., and points return. Applicant: ROBERT J. HARTMON, within 25 miles thereof, on the one hand, HEARING: July 3, 1958, at the U. S. Burkhardt, Wis. Applicant’s repre­ and, on the other, points in Mississippi Court Rooms, Sioux Falls, S. Dak., before sentative: A. R. Fowler, 2288 University and Alabama. Examiner Alton R. Smith. Avenue, St. Paul 14, Minn. Authority HEARING: June 20, 1958, at the Rob­ No. MC 117353, filed April 21, 1958. sought to operate as a common carrier, ert E. Lee Hotel, Jackson, Miss., before Applicant: ROGER D. CLEMENT, P. O. by motor vehicle, over irregular routes, Joint Board No. 14, or, if the Joint Board Box 331, Eagle Point, Oreg. Authority transporting: Animal and poultry feeds, waives its right to participate, befpre sought to operate as a contract carrier, in bulk, from New Richmond, Wis.* to Examiner Mack Myers. by motor vehicle, over irregular routes, points in Freeborn, Dodge, Steele, transporting: Lumber mill products, in­ Waseca, Rice, Le Sueur, Nocollet, Sibley, No. MC 117322, filed April 7,1958. Ap­ Carver, McLeod, Meeker, Renville, and plicant: LESTER NOVOTNY, doing cluding plywood and veneer, between points in Siskiyou County, Calif., and Chippewa Counties, Minn., and to ppints business as Chatfield Trucking, Box 416, in Kossuth, Winnebago, Worth, Mitchell, Chatfield, Minn. Applicant’s represent­ points in Jackson and Josephine Coun­ ties, Oreg. Howard, Winneshiek, Fayette, Chicka­ ative: A. R. Fowler, 2288 University saw, Bremer, Butler, Floyd, Franklin, Avenue, Saint Paul 14, Minn. Authority HEARING: July 10, 1958, at 538 Pit­ tock Block, Portland, Oreg., before Joint Cerro Gordo, Buchanan, and BlacK sought to operate as a common carrier, Hawk Counties, Iowa. Manufacturer by motor vehicle, over irregular routes, Board No. 11, or, if the Joint Board waives its rights to participate, before Examiner feed ingredients, in bulk, from points transporting: (1) Butter, from points in Dakota, Scott, Carver, Hennepin ana Fillmore, Goodhue, Houston, Mower, James H. Gaffney. Olmsted, Wabasha, and Winona Coun­ No. MC ' 117354, filed April 21, 1958 Domcmr rVmntlAQ IVTintl.. tO NeW RICH- ties, Minn., and Vernon Township, Dodge Applicant: HENRY E. BERGANTZEL U1U11U, WIO. — J County, Minn., to Rochester, Minn., (2) AND LESLIE J. BERGANTZEL, doing HEARING: July 8,1958, at the Federal Raw liquid blood, from Austin, Minn., to business as JAY B AND SON GARAGE, ' Court Building, Marquette Avenue, sou tn and Third Streets, Minneapolis, Minn., Osage, Iowa. 1314 Fifth Avenue, Council Bluffs, Iowa. Wednesday, May 21, 1958 FEDERAL REGISTER 3477 before Joint Board No. 181, or, if the ference it is contemplated that the fax, Va., and thence over U. S. Highway joint Board waives its right to partici- following matters will be discussed: (1) 50 to Annapolis. pate, before Examiner Harold P. Boss. The issues generally with a view to their HEARING: June 24, 1958, at the Of­ No. MC 117365, filed April 25, 1958. simplification; (2) the possibility and fices of the Interstate Commerce Com­ Applicant: GLEN C. THOMPSON, 220 desirability of agreeing upon special pro- mission, Washington, D. C., before Joint North Lewis, Sioux Palls, S. Dak. Au- cedure to expedite and control the han- Board No. 68. thority sought to operate as a contract dling of this application, including the No. MC 117384, filed May 7,1958. Ap­ carrier, by motor vehicle, over irregular submission of the supporting and oppos- plicant: PAUL E. DAVIDSON, MAHLON routes,. transporting: Dairy products, ing shipper testimony by verified state- E. DAVIDSON AND HAROLD DAVID­ and equipment and supplies used in con- ments; (3) The time and place or places SON, JR., doing business as DAVIDSON nection with a dairy business, from Sioux of such hearing or hearings as may be BROTHERS, R. D. No. 3, Beliefonte, Pa. Palls, S. Dak., to Canton, Madison and agreed upon; (4) The number of wit- Applicant’s attorney: Dale C. Dillon, 1825 Webster, S. Dak., Inwood, Rock Rapids, nesses to be presented and the time re- Jefferson Place N\y., Washington 6, D. C. Sheldon, and Hawarden, Iowa, and quired for such presentations by both Authority sought to operate as a common Luverne, Adrain,. Worthington, and Min- applicant and protestants; (5) The carrier, by motor vehicle over irregular neapolis, Minn. practicability of both applicant and the routes, transporting: Lime, limestone HEARING: July. 9, 1958, at the South opposing carriers submitting in written and Lime and limestone products, from Dakota Public Utilities Commission, form their direct testimony with respect Bellefonte, Pa., and points within 10 Pierre, S. Dak., before Joint Board No. to: (a) Their present operating author- miles thereof to points in Connecticut, 147, or, if the Joint Board waives its ity, (b) Their corporate organizations if Delaware, Maryland, Massachusetts, right to participate, before Examiner any, ownership and control,

A pplications for B rokerage Licenses Highway 135 for joinder purposes only; on Tomahawk Road to Mission Road, (2) serving Hayti, Mo., for joinder pur­ thence north on Mission Road to Mission MOTOR CARRIERS OF PROPERTY Highland Addition at junction 61st poses only, in connection with applicant’s Street and Mission Road, thence over No. MC 12679, filed April 14,1958. Ap­ authorized regular route between Mem­ 61st Street to junction Granada Street, plicant: E. F. BUSHMAN, doing business phis, Tenn., and Kennett, Mo. Applicant thence over Granada to junction 60th as SAWYER DRAY LINE, 341 North is authorized to conduct operations in Street, thence over 60th Street to junc­ Third Avenue, Sturgeon Bay, Wis. -For Illinois, Missouri, Arkansas, Iowa, and tion Mission Road, thence over Mission a license (BMC 4) for authority to op­ Tennessee. Road to junction U. S. Highway 50, serv­ erate as a broker at Sturgeon Bay, Wis., Note: Applicant states that It is not its ing all intermediate points; and, between in arranging for the transportation, in intention by this application to in any way interstate or foreign commerce, of gen­ .enlarge its authority or to have removed points on the above-described extension, from its present authority the restriction in on the one hand, and, on the other, eral commodities, including those of un­ Its Certificate No. MC 3062 Sub 12. points served under ^applicant’s Certifi­ usual value, Class A and B explosives, cate No. MC 61616 dated October 31, household goods as defined by the Com­ No. MC 66562 (Sub No. 1420), filed 1957. Applicant is authorized to Con­ mission, commodities in bulk, and those May 8, 1958. Applicant: RAILWAY duct operations in Missouri, Colorado, requiring special equipment, between EXPRESS AGENCY, INCORPORATED, Texas, Arkansas, Tennessee, Mississippi, points in the United States. 219 East 42d Street, New York 17, N. Y. Louisiana, Kansas, and Nebraska. HEA.RING: June 24, 1958, at the Wis­ Applicant’s attorney: James E. Thomas, HEARING: June 30,1958, at the Hotel consin Public Service Commission, Mad­ Alston, Sibley, Miller, Spann & Shackel­ Kansan, Topeka, Kans., before Joint ison, Wis., before Joint Board No. 96, ford, 1220 The Citizens and Southern Board No. 52, or, if the Joint Board or, if the Joint Board waives its right to National Bank Building, Atlanta 3, Ga. waives its right to participate, before participate, before Examiner Alton R. Authority sought to operate as a common Examiner Lucian A. Jackson. Smith. carrier, by motor vehicle, over regular No. MC 70947 (Sub No. 15), filed April No. MC 12680, filed April 25,1958. Ap­ routes, transporting: General commod­ 25, 1958. Applicant: MT. HOOD plicant: EÌDWARD F. KANE, doing busi­ ities, including Class A and B explosives, STAGES, INC., doing business as PA­ ness as KANE TRANSPORTATION moving in express service, between CIFIC TRAILWAYS, 1068 Bond Street, BROKERAGE, 1534 Delmont Road, Columbia, S. C., and Augusta, Ga.: from Bend, Oreg. Applicant’s attorney: James Memphis, Tenn. For a license (BMC 4) Columbia over South Carolina Highway A. Nelson, 1026 Public Service Building, to engage in operations as a broker at 215 to junction State Road S-2-237, Portland 4, Oreg. Authority sought to Memphis, Tenn., in arranging for the thence over State Road S-2-237 to junc­ operate as a common carrier, by motor transportation by motor vehicle, in inter­ tion South Carolina Highway 39, thence vehicle, over regular routes, transport­ state or foreign commerce, of General over South Carolina Highway 39 to junc­ ing: Passengers and their baggage, and commodities, including Class A and B tion South Carolina Highway 4, thence express, newspapers and mail in the explosives, between Memphis, Tenn., on over South Carolina Highway 4 to junc­ same vehicle with passengers, (1) EX­ the one hand, and, on the other, points tion South Carolina Highway 215, thence TEND OPERATIONS, between Bliss, in Alabama, Arkansas, Florida, Georgia, over South Carolina Highway 215 to Idaho, and Wendell, Idaho, over Idaho Illinois, Indiana, Kentucky, Louisiana, junction U. S. Highway 1, and thence Highway 25, serving no intermediate Mississippi, Missouri, Oklahoma, Ten­ over U. S. Highway 1 to Augusta, serving points; (2) DISCONTINUE OPERA­ nessee, and Texas. the intermediate points of Perry, Salley, TIONS, between Bliss, Idaho, and Twin HEARING: July 8, 1958, at the and Springfield, S. C. RESTRICTIONS: Falls, Idaho, over U. S. Highway 30, Dinkier-Andrew Jackson Hotel,, Nash­ The service to be performed by applicant serving all intermediate points. Appli­ ville, Tenn., before Joint Board No. 107, shall be limited to service which is aux­ or, if the Joint Board waives its right to iliary to, or supplemental of, air or rail­ cant is authorized to conduct operations participate, before Examiner Mack way express service. Shipments trans­ in Idaho and Oregon. Myers. ported by applicant shall be limited to HEARING: June 30,1958, at the Idaho those moving on through bills of lading Public Utilities Commission State House, A pplications in W hich H andling W ith ­ or express receipts, covering, in addition Boise, Idaho, before, Joint Board No. 49, out O ral H earing I s R equested or, if the Joint Board waives its right to to the motor carrier movement by car­ participate, before Examiner James H. motor carriers of property rier, immediately prior or immediately Gaffney. No. MC 3062 (Sub No. 14), filed May subsequent movements by air or rail. No. MC 117280, filed March 24, 1958. 8, 1958. Applicant: L. A. TUCKER Such further specific conditions as the Applicant: THEODORE E. KEPHART, TRUCK LINES, INC., 1451 Independence Commission in the future may find it doing business as TED KEPHART Street, Cape Girardeau, Mo. Applicant’s necessary to impose' in order to restrict CHARTER SERVICE, 1150 Calvary attorney: G. M. Rebman, Suite 1230 - carrier’s operation to ^service which is Road, DulCith 3, Minn. Applicant’s at­ Boatmen’s Bank Building, St. Louis 2, auxiliary to, or supplemental of, air or torney: Chester B. Burton, 410-412 Al- Mo. Authority sought to operate as a railway express service. Applicant is worth Building, Duluth 2, Minn. Au­ common carrier, by motor vehicle, over authorized to conduct operations thority sought to operate as a common regular routes, transporting : General throughout the United States. carrier, by motor vehicle, over irregular commodities, except those of unusual Note: Applicant seeks the authority pro­ value, , Class A and B explosives, house­ posed herein as an extension of its authorized routes, transporting: Passengers and regular route operations between Augusta, their baggage and equipment, in the hold goods as defined by the Commission, Ga., and Columbia, S. C., over U. S. Highway same vehicle with passengers, (1) be­ commodities in bulk, and those requiring 1, serving the intermediate points of Clear­ tween points in Minnesota, North Da­ special equipment (1) between the water, Graniteville, Aiken, and Monetta, &. C-, kota, South Dakota, and Wisconsin, Missouri-Arkansas State line (north of as set forth in Certificate MC 66562 Sub No. 1. including ports of entry on the Interna­ Leachville, Ark.), and the junction of tional Boundary line between the United Arkansas Highway 135 (formerly Ar­ No. MC 87857 (Sub No. 34), filed May States and Canada; (2) from Hollywood, kansas Highway 143) and U. S. Highway 5, 1958. Applicant: BRINK’S INCOR­ Fla., to Eau Claire, Wis. 61-63, from the Missouri-Arkansas State PORATED, 234 East 24th Street, Chi-1 line over Arkansas Highway 77 to the cago, 111. Authority sought to operate as Note : Applicant states that the above serv­ junction of Arkansas Highway 18, thence a contract carrier, by motor vehicle, over ice will be conducted in round trip charter over Arkansas Highway 18 to the junc­ irregular routes, transporting: Currency operations for various civic groups, lodges, and coin, between Cleveland, Ohio, ana and/or schools, and other sporting clubs, tion of Arkansas Highway 135 (formerly Arkansas Highway 143), thence over Ar­ Erie and Girard, Pa. Applicant is au­ and the Duluth-Superior White Sox Baseball thorized to conduct operations in Dela­ Club. kansas Highway 135 to junction of U. S. Highway 61-63, and return over the same ware, Illinois, Michigan, Iowa, Massa­ HEARING: June 23, 1958, at the Fed­ route, serving no intermediate points, as chusetts, Kentucky, Indiana, New eral Court Building, Marquette Avenue, an alternate route for operating con­ Hampshire, Connecticut, Missouri, we South and Third Streets, Minneapolis, venience only, with service at the junc­ York, New Jersey, Pennsylvania, omo, Minn., before Examiner Harold P. Boss. tion of U. S. Highway 61-63 and Arkansàs West Virginia, Rhode Island, Wisconsin, Wednesday, May 21, 1958 FEDERAL REGISTER 3479

District of Columbia, Maryland, Florida, rado, Illinois, Indiana, Iowa, Kansas, Georgia, Kansas, New Jersey, Tennessee, and Georgia, Washington, Oregon, Califor- Kentucky, Louisiana, Michigan, Minne­ Wisconsin to the authority presently held - nia, Montana, Utah, Colorado, Texas, sota, Missouri, Nebraska, North Dakota, by applicant in No. MO 111560 Sub 1 and Minnesota, Arkansas, Louisiana, Ten­ Ohio, Oklahoma, South Dakota, Texas, also seeks to add aluminum siding and re­ nessee, Alabama, Virginia, and Nevada. lated articles to the present description now and Wisconsin. obtaining from Gnadenhutten, Ohio, to the Note: A proceeding has been instituted No. MC 109994 (Sub No. 15), filed April 23 States hereinabove named. under section 212 (c) to determine whether -24, 1958. Applicant: OREN M. SIZER, applicant’s status is that of a contract or doing business as SIZER GRAIN SERV­ No. MC 113388 (Sub No. 22), filed May common carrier in No. MC 87857 Sub No. 32. ICE, 407 Fourth Avenue SE., P. O. Box 8, 1958. Applicant: LESTER C. NEW­ No. MC 96733 (Sub No. 1), filed May 5, 92, Rochester, Minn. Applicant’s attor­ TON TRUCKING CO., Box 265, Bridge- 1958. Applicant: VENCO TRUCKING, ney: Claude J.'tTasper, One West Main ville, Del. Applicant’s attorney: Harold INC., 651 North,Seneca Street, Oil City, Street, Madison 3, Wis. Authority G. Hernly, 1624; Eye Street NW., Wash­ Pa. Applicant’s representative: G. H. sought to operate as a common carrier, ington 6, D. C. Authority sought to Dilla, 3350 Superior Avenue, Cleveland by motor vehicle, over irregular routes, operate as a common carrier, by motor transporting: Frozen horsemeat, from vehicle, over irregular routes, transport­ 14, Ohio. Authority sought to operate ing: Roofing, siding, roofing and siding as a common carrier, by motor vehicle, Jamestown, N. Dak., and Aberdeen, over irregular routes, transporting: Pe­ S. Dak., to points in Minnesota, Wiscon­ material, and insulating materials, from troleum and petroleum products, in sin, South Dakota,'and the Upper Penin­ Phillipsdale, R. I., to points in Maryland packages, and empty returned contain- sula of Michigan except those which are on and south of U. S. Highway 40, except 'ers, between Rouseville, Pa., on the one incorporated cities or towns; and frozen those in that portion east of the Chesa­ hand, and, on the other, points in Ven­ packing house by-products and frozen peake Bay, and empty pallets on return. poultry by-products, not for human con­ Applicant is authorized to conduct ango County, Pa. Applicant is author­ operations in Maryland, Delaware, ized to conduct operations in Pennsyl­ sumption, from Moultrie and Atlanta, vania. G'a., Richmond, Va., Chicago, 111., Sioux Pennsylvania, ~New Jersey, New York, Falls and Mitchell, S. Dak., Fremont, Massachusetts, District of Columbia, Note: Applicant Indicates that the ship-, Nebr., Iowa City, Dubuque, and Spencer, North Carolina, Connecticut, Rhode Is­ ments are usually interchanged with other land, Virginia, Georgia, Florida, and motor carriers at Rouseville, Pa. Iowa, and Fargo, N. Dak., to points in Minnesota, Wisconsin, South Dakota, South Carolina. No. MC 101082 (Sub No. 6), filed May and the Upper Peninsula of Michigan No. MC 117370, filed April 28, 1958. 7, 1958. Applicant EE-JAY MOTOR except those which are incorporated Applicant: JACK STAFFORD, doing TRANSPORTS, INC., 15th and Lincoln, cities or towns. Applicant is authorized business as STAFFORD TRUCKING, East St. Louis, 111. Applicant’s attorney to conduct operations in Colorado, Illi­ 1137 North 45th Street, Milwaukee, Wis. Delmar O. Koebel, 406 Missouri Avenue, nois, Iowa, Michigan, Minnesota, Mis­ Applicant’s attorney: Claude J. Jasper, East St. Louis, 111. Authority sought to souri, Nebraska, North Dakota, South One West Main Street, Madison 3, Wis. operate as a contract carrier, by motor Dakota, and Wisconsin.* Authority sought to operate as a com­ vehicle, over irregular routes, transport­ No. MC 111560 (Sub No. 5), filed May mon carrier, by motor vehicle, over ir­ ing: Liquid petroleum wax, in bulk, in 5, 1958. Applicant: ALBERT DEBRAC- regular routes, transporting: Foundry tank vehicles, temperature controlled, CIO, 263 South Munroe, Tallmadge, sand, in bulk, between points in Wis­ from East St. Louis, HI., to points in. Ohio. Applicant’s representative: John consin; points in that part of the upper Kansas and Nebraska. Applicant is R. Meeks, 607 Copley Road, Akron 20, peninsula of Michigan on and west of authorized to conduct operations in Illi­ Ohio. Authority sought to operate as a U. S. Highway 41 from Menominee, nois, Missouri, Indiana, Iowa, and Ten­ contract carrier, by motor vehicle, over Mich., to Marquette, Mich.; points in nessee. irregular routes, transporting: Alumi­ that part (of the lower peninsula of Michigan on and within a line drawn due Note: A "proceeding has been instituted num storm windows and doors, and in under section 212 (c) to determine whether connection therewith, moldings and east from Lake Michigan to junction applicant’s status is that of a contract or parts, glass, screen wire, plastic and rub­ U. S. Highway 31 and Michigan High­ common carrier in No. MC 101082 (Sub No. ber item^ used or useful in the assembly way 50, thence along Michigan High­ 4). of aluminum doors and windows, alumi­ way 50 to Grand Rapids, Mich., thence No. MC >101126 (Sub No. 106), filed num siding, accessories and related ar­ along U. S. Highway 131 to the Michi- May 5, 1958. Applicant: STILLPASS ticles, such as, backer boards, backer gan-Indiana State line; points in that TRANSIT COMPANY, INC., 4967 Spring plates, corners, foil, molding trim, and part of Indiana on and within a line Grove Avenue, Cincinnati 32, Ohio. all other articles used, useful, or neces­ beginning at the Michigan-Indiana State Authority sought to operate as a contract sary, in the application of aluminum line and extending along Indiana High­ carrier, by motor vehicle, over irregular siding, from Gnadenhutten, Ohio, to way 15 to junction Indiana Highway 10, routes, transporting: Lecithin, in bulk, in points in Alabama, Colorado, District of thence along Indiana Highway 10 to the insulated, stainless steel tank vehicles, Columbia, Florida, Georgia, Illinois, In­ Indiana-Illinois State line; points in that from Decatur, Ind., to Pittsburgh^- Pa.' diana, Iowa, Kansas, Kentucky, Mary­ part of Illinois on and within a line be­ Applicant is authorized to conduct op­ land, Massachusetts, Michigan, Minne­ ginning at the Illinois-Indiana State line erations in Alabama, Arkansas, Florida, sota, Missouri, Nebraska, New Jersey, and extending along Illinois Highway 17 Georgia, Illinois, Indiana, Iowa,’Kansas, New York, Pennsylvania, Tennessee, to the Illinois-Indiana State line; and Kentucky, Maryland, Michigan, Minne­ Virginia, West Virginia, and Wisconsin, those in that part of Iowa on and within sota, Missouri, Nebraska, New Jersey, and scrap aluminum and empty con- a line beginning at the Iowa-IUinois New York, North Carolina, South Caro- tamers or other such incidental facilities State line and extending along Iowa Ohio, Pennsylvania, Tennessee, Vir- (hot specified) used in transporting the Highway 22 to junction U. S. Highway commodities specified in this application 218, thence along U. S. Highway 218 to ,$mia, West Virginia, and Wisconsin. Cedar Rapids, Iowa, and thence along aNo. MC 107496 (Sub No. 109), filed from the above-specified, destination April 28, 1958. Applicant: RUAN points to Gnadenhutten, Ohio. Appli­ U. S. Highway 151 to and Including TRANSPORT CORPORATION, 408 cant is authorized to conduct operations Dubuque, Iowa, at the tri-State junc­ «rotheast 30th Street, Des Moines, Iowa. in Illinois, Indiana, Iowa, Kentucky, tions of Iowa, Wisconsin, and Illinois. Authority sought to operate as a com- Maryland, Massachusetts, Michigan, MOTOR CARRIERS OF PASSENGERS y1071 carrier, by motor vehicle, over ir- Minnesota, Missouri, Nebraska, New egular routes, transporting: Vegetable York, Ohio, Pennsylvania, Virginia, West No. MC 109780 (Sub No. 53), filed May Virginia, and the District of Columbia. 5, 1958. Applicant: TRANSCONTI­ j* « , fish oils, non-edible oils, fatty acids, NENTAL BUS SYSTEM, INC., 315 Con­ °tended or prepared paint oils, blended Note: The proposed operations duplicate tinental Avenue, Dallas, Tex. Applicant's prepared varnish oils, liquid synthetic in part the entire authority held by appli­ sttr/oce coating resin compound, cant in Permit No. MO 111560 Sub 1 and this attorney: C. Zimmerman, 300 South ester gum, in bulk, in tank vehicles, duplication should be eliminated. Appli­ Broadway, Wichita r, Kans. Authority wn Minneapolis, Minn., to points in cant states this application should not be sought to operate as a common carrier, construed as seeking any duplicating author­ by motor vehicle, over regular routes, fwffisylvania. Applicant is authorized ity now held by applicant. It seeks to add transporting: Passengers and their bag­ conduct operations in Arkansas, Colo- the States of Alabama, Colorado,- Florida, gage, and express and newspapers in the No. ioo------a 3480 NOTICES same vehicle with passengers, between serving all intermediate points on the Robert H. Shertz, 811 Lewis Tower Junction City, Kans., and Randolph, above described routes and all points Building, 225 South 15th Street, Phila­ Kans.: from Junction City . over within a 5 mile radius of the highways delphia 2, Pa. Operating rights sought U. S. Highway 77 to Randolph, named, (4) between Orange, Calif., and to be transferred: Acids, chemicals and and return over the same route, serving San Diego, Calif., over U. S. Highway chemical supplies, in tank vehicles, as a no intermediate points, as an alternate 101, serving the intermediate point of common carrier over irregular routes, be­ route for operating convenience only in Tustin and intermediate or off-route tween New York, N. Y., Waterbury and connection with applicant’s authorized points within 8 miles of San Diego, (5) Stamford, Conn., Maynard, Mass., and regular route operations and specifically, between Orange, Santa Ana, and Long Babbitt, Bound Brook, Edgewater, Jersey between the above-named points via Beach, over California Highway 22, serv­ City, Paterson, Warners, and Wood- Manhattan, Kans., over Kansas High­ ing no intermediate points. Applicant bridge, N. J., on the one hand, and, on the ways 18 and 13. Applicant is authorized is authorized to conduct operations in other, points in Connecticut, Massachu­ California. setts, Rhode Island, certain points in to conduct operations in Illinois, Mis­ New York and certain points in New souri, Nebraska, Kansas, Colorado, Note: This application is directly-related Arizona, New Mexico, California, Texas, to MC-F 6880. Reference to direct relation­ Jersey; chemicals, in tank vehicles, be­ Oklahoma, Arkansas, and Louisiana-. ship to MC-F 6880 of application in No. MC tween Waterbury, Conn., on the one 42487 (Sub No, 362), published April 16, 1958 hand, and, on the other, Ballston Spa, P etition at page 2475, is in error and should be N. Y., Portsmouth, N. H„ and points in No. MC 106022, PETITION FOR disregarded. Massachusetts and Rhode Island; sul­ MODIFICATION OF CERTIFICATE, Applications Under Sections 5 and phuric acid, in tank vehicles, from dated March 24, 1958. Petitioner: V. B. 210a (b) Waterbury, Conn., to North Pownal, Vt. MORGAN CO., a Corporation, Box 547, Vendee is authorized to operate as a Barstow, Calif. V. B. Morgan Co., Peti­ The following applications are gov­ common carrier in Maryland, Delaware, erned by the Interstate Commerce Com­ Pennsylvania, Virginia, New Jersey, New tioner, holds a certificate of public con­ mission’s special rules governing notice venience and necessity Nq. MC 106022 York, Ohio, West Virginia, North Caro­ dated December 14, 1953, to transport, of filing of applications by motor carriers lina, South Carolina, Georgia, Alabama, among others, mineral products and ore of property or passengers under sections Kansas, Indiana, Tennessee, Minnesota, concentrates in bulk between specified 5 (a) and 210a (b) of the Interstate Michigan, Illinois, Wisconsin, Kentucky, points in Nevada and California. Peti­ Commerce Act and certain other pro­ Missouri, Maine, New Hampshire, tioner requests that the said commodity cedural matters with respect thereto' Vermont, Connecticut, Massachusetts, description be changed to read “ore and (49 CFR 1.240). Rhode Island, and the District of Co­ ore concentrates”, and in support of such MOTOR CARRIERS OF PROPERTY lumbia. Application has not been filed request states (1) that it has transported for temporary authority under section No. MC-F 6897. Authority sought for 210a (b). no shipments other than ore and ore con­ control and merger by THE MARYLAND centrates within the authorized terri­ TRANSPORTATION COMPANY, 1111 Note: An investigation under section tory; (2) that it knows of no commodi­ Frankfurst Avenue, Baltimore 25, Md., of 212 (c) h as been in stitu ted in No. MC-47610 ties thus available for transportation (Sub No. 6) to determine whether the opera­ the operating rights and property of tions Of AERO MOTOR LINE, INCORPO­ other than ore and ore concentrates; (3) RAY NORTH TRANSFER, INC., 174 RATED, are those of a contract carrier as that the proposed modification will re­ Sandy Creek Road, Verona, Pa., and for defined in section 203 (a) (15). sult in a restriction; and (4) said modi­ acquisition by FREDERIC WEISS and No. MC-F 6899. Authority sought for fication will enable petitioner to avoid FREDERICK A. WEISS, both of Balti­ incurring the expense of complying with control and merger by MILLER TRANS­ more, and RALPH W. WEISS, Pikesville, PORTERS, LTD., Highway 80 West, the Commission’s cargo insurance rules Md., of control of such rights and prop­ applicable to motor common carriers. P. O. Box 1123, Jackson, Miss., of the erty through the transaction. Appli­ operating rights and property of L. P. Applications for Certificates or P er­ cant’s attorney : Spencer T. Money, Mills GAS MOTOR CARRIER, INC., 2859 Old mits Which Are T o Be P rocessed Con­ Building, Washington 6, D. C. Oper­ Shell Road, P. O. Box 1147, Mobile, Ala., currently WITH APPLICATIONS UNDER ating rights sought to be controlled and and for acquisition by H. D. Miller, also Section 5, Governed by Special R ule merged: General commodities, except of Jackson, of control of such rights and 1.240 to the Extent Applicable those of unusual value, livestock, Class property through the transaction. Ap­ A and B explosives, household goods as MOTOR CARRIERS OF PROPERTY plicant’s attorney: Phineas Stevens, defined by the Commission, commodities P. O. Box 141, Jackson, Miss. Operating No. MC 81718 (Sub No. 5), filed May 8, in bulk, commodities requiring special rights sought to be controlled and 1958. Applicant: INLAND TRANS­ equipment (not including those requir­ merged: Liquefied petroleum gases, in PORTATION CORPORATION, 895 ing refrigeration), and those injurious or bulk, in tank vehicles, as a common car­ North Batavia Street, Orange, Calif. contaminating to other lading, as a com­ rier over irregular routes, from Benton, Applicant’s attorney: Donald A. Schafer, mon carrier over irregular routes between Delhi, Dubach, and Cotton Valley, La., 1026 Public Service Building, Portland 4, Pittsburgh, Pa., on the one hand, and, on to points in Humphreys, Leflore, aIY* Oreg. Authority sought to .operate as a the other, certain points in Pennsyl­ Sunflower Counties, Miss., and from common carrier, by motor vehicle, over vania. THE MARYLAND TRANSPOR­ Dragon, Miss., and points in Louisiana to regular routes, transporting: General TATION COMPANY is authorized to points in Alabama and Florida within_25u commodities, except used household operate as a common carrier in Mary­ miles of Dragon. MILLER TRANS­ goods as personal effects, automobiles, land, Pennsylvania, West Virginia, Vir­ PORTERS, LTD., is authorized to operate trucks, buses, etc., livestock, liquid com­ ginia, New York, New Jersey, Connecti­ as a common carrier in Mississippi. modities, in bulk, in tank vehicles, com­ cut, Delaware, Massachusetts, New Louisiana, Alabama, Georgia, Tennessee, modities in bulk in dump trucks or Hampshire, Rhode Island, North Caro­ Arkansas, Florida, Kentucky, Missouri, hopper-type trucks, and commodities in lina, Ohio, and the District of Columbia. Texas, and Oklahoma. Application nas motor vehicles equipped for mechanical Application has not been filed for tem­ not been filed for temporary authority mixing, (1) between Los Angeles, Calif., porary authority under section 210a (b). under section 210a (b). . . - and Orange, Calif„ over U. S. Highway No. MC-F 6898. Authority sought for N o. MC-F 6900. A u thority sou gh t iot 101 (also via „Whittier Blvd., Fullerton purchase by E. BROOKE MATLACK, purchase by BURLINGTON Road and West Chapman Avenue to INC., 33d and Arch Streets, Philadelphia, LINES, INC., 547 West Jackson B o u le ­ Orange), (2) between Orange, Calif., Pa., of a portion of the operating rights vard, Chicago 6, HI., of a portionof tne and San Bernardino, Calif., from Orange of AERO MOTOR LINE, INCORPO­ operating rights of VALENTINE TRAN^- over California Highway 55 to junction RATED, East Aurora Street, Waterbury, PER AND STORAGE COMPANY, ETC., of U. S. Highway 91, thence over U. S. Conn., and for acquisition by DU- 110 Cross Street, Aurora, HI. Apphcants Highway 91 to San Bernardino, and re­ VERNEY B. MATLACK, ROBERT W. MATLACK, E. BROOKE MATLACK, JR., attorney: Russell B. James, 547 W_ turn over the same route, (3) between Jackson Boulevard, Chicago 6, Hi. Fullerton, Calif., and Pomona, Calif., and EDWIN L. MATLACK, all of Phila­ over Brea Canyon Road from its junc­ delphia, of control of such rights through erating rights sought to be transfe • tion with Fullerton Road to Pomona, the purchase. Applicants’ attorney: General commodities, with certain Wednesday May 21, 1958 , FEDERAL REGISTER 3481 ceptions including household goods and and cleaning supplies, and paper prod­ erection thereof, between points in Il­ commodities in bulk, as a common car­ ucts, such as are dealt in by retail or rier over regular routes, between Aurora, linois within 150 miles of Chicago, 111., wholesale grocery stores, dog food, and including Chicago, and between points 111., and Chicago, 111., serving all inter­ groceries, from Chicago, 111., to points in in Lake and Porter Counties, Ind. Ven­ mediate points. Vendee is authorized to the above-specified Wisconsin territory. dee is authorized to operate as a com­ operate as a common carrier in Colorado, Operating rights sought to be transferred mon carrier * in Illinois and Indiana. Nebraska, Missouri, Illinois, Iowa, Wyo­ to H. A. DAHLMAN, doing busiriess as Application has not been filed for tem­ ming, Montana, and Kansas. Applica­ DAHLMAN TRUCK LINES: Canned porary authority under section 2I0a (b). tion has not been filed for temporary goods, as a common carrier, over irreg­ authority under section 210a (b). ular routes, from points in that part of MOTOR CARRIERS OF PASSENGERS No. MC-F 6901. Authority sought for Wisconsin bounded by a line beginning No. MC-F 6904. Authority sought for control and merger by ADVANCE at Merrill and extending east along control and merger by ROCHESTER- TRANSPORTATION COMPANY, 2115 Wisconsin Highway 64 to Marinette, PENFIELD BUS COMPANY, INC., 60 South First Street, Milwaukee, Wis., of thence along the bay and lake shores of River Boulevard, Rochester, N. Y., of the the operating rights and property of Wisconsin to Fox Point, thence west operating rights and property of WEST­ SERVICE TRANSPORT COMPANY, along Wisconsin Highway 74 to junction' ERN NEW YORK MOTOR LINES, INC., 1601 Twenty-first Street, Racine, Wis., U. S. Highway 45, thence south along Terminal Building, Court and Ellicott and for acquisition by J. C. LINDNER, U. S. Highway 45 to the Illinois-Wiscon- Streets, Batavia, N. Y., and for acqui­ G. J. LINDNER, and A. J. LINDNER, all sin State line, thence west along the sition by MAX F. COWAN, also of Ro­ of Milwaukee, of control of such rights Illinois-Wisconsin State line to junction chester, of control of such rights and and property through the transaction. U. S. Highway 14, thence northwest along property through the transaction. Ap­ Applicants’ attorney: Franklin R. Over- U. S. Highway 14 to Madison, and thence plicants’ attorneys: James E. Wilson, myer, 111 West Monroe Street, Chicago 3, north along U. S. Highway 51 through 716 Perpetual Building, Washington, HI. Operating rights sought to be con­ Stevens Point and Wausau to Merrill, D. C.,, Austin W. Erwin, Geneseo, N. Y., trolled and merged: General commodi­ including points on the indicated portions and L. H. Schultz, Jr., Blue Bus Termi­ ties, with certain exceptions excluding of the highways specified (not including nal, Batavia, N. Y. Operating rights both household goods and commodities in Merrill or Madison, or points on U. S. sought to be controlled and merged: bulk, as a common carrier over regular Highway 51 between Merrill and Madi­ Passengers and their baggage, and mail, routes between Racine, Wis., and Chi­ son, or points on U. S. Highway 45 be­ in the same vehicle with passengers, as cago, 111., serving certain intermediate tween the Illinois-Wisconsin State line a common carrier over regular routes and off-route points; alternate route for and junction Wisconsin Highway 74), to -between Buffalo, N. Y., and Rochester, operating convenience only between Chicago, 111.; washing and cleaning sup­ N. Y., between Grant Club, N. Y., and Chicago, 111., and the junction of Eden’s plies, and paper products, such as are Murray’s Corners, N. Y., between Ba­ Expressway and U. S. Highway 41 some­ dealt in by retail or wholesale grocery tavia, N. Y., and Oakfield, N. Y., and be­ what north of Lake Avenue'; general stores, dog food, and groceries, from tween Batavia, N. Y., and Attica, N. Y.% commodities, with certain exceptions in­ Chicago, 111., to poijats in the Wisconsin serving all intermediate points; passen­ cluding household goods and commodi­ territory specified immediately above. gers and their baggage, restricted to ties in bulk, between Racine, Wis., and BIRD TRUCKING COMPANY, INC., is traffic originating in the territory indi­ junction Wisconsin Highway 11 and U. authorized to operate as a common car­ cated, in charter operations, over irreg­ S. Highway 41, serving the intermediate rier in Illinois, Wisconsin, Indiana, Ohio, ular routes, from points in Erie, Genesee, point of Sturtevant, Wis. ADVANCE Missouri, Michigan, and Iowa. H. A. Livingston, and Monroe Counties, N. Y., TRANSPORTATION COMPANY is au­ DAHLMAN, doing business as DAHL­ to New York, N. Y., and points in the thorized to operate as a common carrier MAN TRUCK LINES, is authorized to District of Columbia, and return. in Wisconsin, Illinois, and Indiana. Ap­ operate as a common carrier in Wiscon­ WESTERN NEW YORK MOTOR plication has been filed for temporary sin, Minnesota, and Illinois, and as a LINES, INC., also holds authority to en­ authority under section 210a (b). contract carrier in Wisconsin and Illi­ gage in operations as a broker at Buffalo, No. MC-F 6902. Authority sought for nois. Application has been filed for tem­ Rochester, Batavia, and Le Roy, N. Y., Purchase by BIRD TRUCKING COM­ porary authority under section 210a (b). in connection with the transportation of PANY, INC., P. O. Box 227, Waupun, No. MC-F 6903. Authority sought for passengers and their baggage, and of Wis., of a portion of the operating rights purchase by W. W. YOUNG & SON, INC., express in the same vehicle with pas­ n* ‘ DAHLMAN, doing business as 11437 Cottage Grove Avenue, Chicago 28, sengers, between points in the United DAHLMAN TRUCK LINES', 1616 Clark 111., of the operating rights and certain States. ROCHESTER-PENFIELD BUS Street, Stevens Point, Wis., and for ac­ property of A. CASTELLANI TRUCK­ COMPANY, INC., is authorized to oper­ quisition by WILBERT JEFFORDS, also ING CO., INC., 5001 West Monroe Street, ate as a common carrier in New York. of Waupun, of control of such rights Chicago 44, 111., and for acquisition by Application has not been filed for tem­ through the purchase. Authority is also LESLIE W. YOUNG, 701 Engle Street, porary authority under section 210a (b). sought for purchase by H. A. DAHLMAN, Dolton, 111., and ROLLIN R. YOUNG, Trim business as DAHLMAN TRUCK 10835 Parnell Avenue, Chicago, 1 1 1 .,'u f By the Commission. “fNES, of a portion of the operating control of such fights and property [seal] H arold D. McCoy, ghts of BIRD TRUCKING COMPANY, through the purchase. Applicants’ at­ Secretary. r«C. Applicants’ attorney: Claude J. torney: Charles B. Myers, 2106 Field iF- R. Doc. 58-3790; Filed, May 20, 1958; Jsper, l West Main Street, Madison 3, Building, Chicago 3, 111. Operating 8:48 a. m.] wis. Operating rights sought to be right§ sought to be transferred: Brick ¡referred to BIRD TRUCKING COM- and tile, as a common carrier over irreg­ l£r***> INC.: Canned goods, as a com­ ular routes, from points in Fountain, mon carrier, over irregular routes, from Clay, and Warren Counties, Ind., to [Notice 36] Points in that part of Wisconsin bounded points in Cook, Lake, Du Page, and Will “j. a line beginning at the Minnesota- Counties, 111.; brick, stone, terjra-cotta, M otor Carrier A lternate R oute wisconsi.il State line northeast o f.St. marble and slate haydite, cement and D eviation N otices oui, Minn., and extending east along haydite blocks, gldzed tile, and forms M ay 16,1958. Wisconsin Highway 64 to Merrill, thence used or useful in the manufacture of The following letter-notices of pro­ ¡J™ along u . S. Highway 51 through these products, between points in Cook, posals to operate over deviation routes thDUSau an<^ Stevens Point to Madison, Lake, Du Page, and Will Counties, HU for operating convenience only with no £ Ce northwestwardly along U. S. on the one hand, and, on the other, service at intermediate points have been stnf i^y 12> the Minnesota-Wisconsin points in Wisconsin within 100 miles of filed with the Interstate Commerce Com­ sot„ ■mne' an(t thence along the Minne- State and Madison Streets, Chicago, 111.; mission, under the Commission’s Devia­ jwa-Wiseonsin State line to the point of brick, stone, terra-cotta, tile, cement, tion Rules Revised, 1957 (49 CFR 2 1 1 .1 cahv)ning’. inclu(hng points on the indi- marble, cinders, haydite, plywood, de­ (c) (8)) and notice thereof to all inter­ ex ea Portions of the highways specified, bris, excavating, cement and haydite ested persons is hereby given as provided scept Madison, to Chicago, 111.; washing machinery, and materials used in the in such rules (49 CFR 2 1 1 .1 (d) (4)). 3482 NOTICES

F ourth S ection A pplications for R elief Rates on vermiculite, other than crude, Protests against the use of any pro­ and perlite, other than crude, carloads; posed deviation route herein described M ay 16,1958. also vermiculite, asbestos and clay com­ may be filed with the Interstate Com­ Protests to the granting of an applica­ bined, carloads between points in south­ merce Commission in the manner and tion must be prepared in accordance ern territory including Helena, Ark., form provided in such rules (49 CFR with Rule 40 of the general rules of Ohio and Mississippi River crossings; 211.1 (e)) at any time but will not op­ practice (49 CFR 1.40) and filed within also between points in southern terri­ erate to stay commencement of the pro­ 15 days from the date of publication of posed operation unless filed within 30 tory, on the one hand, and points in this notice in the F ederal R egister. Illinois territory and adjacent central days from the date of publication. territory, on the other. Successively filed letter-notices of the LONG-AND-SHORT HAUL Grounds for relief : Short-line distance same carrier under the Commission’s FSA No. 34680: Superphosphate— formulas, grouping, and maintenance of Deviation Rules Revised, 1957, will be South to Michigan points. Filed by O. W. short-line arbitrâmes. numbered consecutively for convenience South, Jr., Agent (SFA No. A3667), for Tariffs: Supplement 40 to Southern in identification and protests if any interested rail carriers. Rates on super­ Freight Association, Agent, tariff I. C. C. should refer to such letter-notices by phosphate (acid phosphate), other than 1613. Supplement 8 to Illinois Freight number. ammoniated or defluorinated, carloads Association, Agent, tariff I. C.,C. 899. MOTOR CARRIERS OP PROPERTY from specified points in Alabama, Flor­ Supplement 29 to Traffic Executive As­ No. MC-108185 (Deviation No. 2), ida, Georgia, Louisiana, Mississippi, sociation-Eastern Railroads, Agent, North Carolina, South Carolina, and tariff I. C. C. 4796. DIXIE HIGHWAY EXPRESS, INC., Tennessee to specified points in Michi­ P. O. Box 631, Meridian, Miss., filed May gan. By the Commission. 12, 1958. Carrier proposes to operate as Grounds for relief: Short-line dis­ [ seal] H arold D. McCoy, a common carrier by motor vehicle of tance formula and grouping. Secretary. general commodities, with certain excep- Tariff: Supplement 48 to Southern tionsr over a deviation route, between Freight Association, Agent, tariff I. C. C. [F. R. Doc. 58-3793; Filed, May 20, 1958; Tuscaloosa, Ala., and Columbia, Term, as 8:48 a. m.] follows: from Tuscaloosa over U. S. High­ 1522. way 43 to Columbia and return over the FSA No. 34681: Furfural residue— same route, for operating convenience Memphis, Tenn., to northern points. DEPARTMENT OF JUSTICE only, serving no intermediate points. Filed by O. W. South, Jr., Agent (SFA No. A3666), for interested rail carriers. Office of Alien Property The notice indicates that the carrier is Rates on furfural residue, dry, carloads presently authorized to transport the from Memphis, Tenn., to Rochester, H erta H eyman same commodities between Tuscaloosa, N. Y., Orrville, Ohio, and Remington,* Ala., and Columbia, Tenn., over the fol­ NOTICE OF INTENTION TO RETURN lowing pertinent route: from Tuscaloosa Ind. VESTED PROPERTY N over U. S. Highway 11 to Birmingham, Grounds for relief: Short-line distance Ala., and thence over U. S. Highway 31 to formula. Pursuant to section 32 (f) of the Trad­ Columbia. Tariff: Supplement 32 to Southern ing With the Enemy Act, as amended, No. MC-112713 (Deviation No. 2), Freight Association, Agent, tariff I. C. C. notice is hereby given of intention to re­ YELLOW TRANSIT FREIGHT LINES, 1568. turn, on or after 30 days from the date INC., 1626 Walnut Street, Kansas City 8, FSA No. 34682: Iron pressure pipe from of publication hereof, the following Mo., filed May 13,1958. Attorney for said Swan and Tyler, Tex. Filed by Texas- property, subject to any increase or de­ carrier, John M. Records, 1626 Walnut Louisiana Freight Bureau, Agent (No. crease resulting from the administration Street, Kansas City 8, Mo. Carrier pro­ 32D, for interested rail carriers. Rates thereof prior to return, and after ade­ poses to operate as a common carrier by on cast iron pressure pipe and fittings, quate provision for taxes and conserva­ motor vehicle of general commodities, carloads from Swan and Tyler, Tex., to tory expenses: > with certain exceptions, over a deviation route, between Battle Creek, Mich., and points in Arkansas, Louisiana, and Claimant, Claim No., Property, and Location Grand Rapids, Mich., as follows: from Texas. Herta Heyman, Johannesburg, South Af­ Battle Creek over Michigan Highway 37 Grounds for relief: Short-line distance rica; Claim No. 62982; $560.95 in the Treasury to junction unnumbered highway (about formula and market competition with of the United States. Vesting Order No. one mile north of junction Michigan other Texas producing points. 8535. , Highway 37 and U. S. Highway 16), Tariff: Supplement 76 to Texas-Loui- $1,800.00 (less 1% or $18.00 principal dis­ thence over unnumbered highway to city siana Freight Bureau, Agent, tariff tribution paid January 21, 1958) Liquidation limits of Grand Rapids, thence over I. C. C. 851. of United Steel Works Corporation, Germany. Burton Street to Madison Avenue, thence FSA No. 34683: Lumber and related Participation Certificates dated Jan. 1, 1953- over Madison Avenue to 28th Street, Certificate Nos. M15569, $1,000.00, D960, articles between and from and to points $500.00, C4565/67, $100.00 each. $32.30 Liq­ thence over 28th Street to junction U. S. in southwestern territory. Filed by Highway 131, and return overthe same uidation of United Steel Works Corporation, route, for operating convenience only, Southwestern Freight Bureau, Agent Germany, Participation Certificate date serving no intermediate points. The (SWFB No. B-7288), for interested rail Jan. '1, 1953, Certificate No. 002341. $100.. notice indicates that the carrier is pres­ carriers. Rates on lumber and related Federal Republic of Germany Conversion ently authorized to transport the same articles, carloads between points in Funding issue 1953 ten year 3% dollar bond , commodities between Battle Creek, southwestern territory, also between of 1936 due Jan. 1, 1963 with 7-1-58 & sea Mich., and Grand Rapids, Mich., over the points in southwestern territory, on one Certificate No. C006739. . t following pertinent route: from Battle hand, and points in Illinois, Kansas, and All of the above securities are loc®te®L Creek over Michigan Highway 78 to junc­ the Federal Reserve Bank of New York, N Missouri, on the other. York, New York. N tion U. S. Highway 12, thence over U. S. Grounds for relief: Short-line distance Highway 12 to Kalamazoo, Mich., thence formula and motor truck competition. Executed at Washington, D. C., on over U. S. Highway 131 to junction U. S. Tariffs: Supplements 28 and 34 to May 14,1958. Highway 16 at city limits of Grand Southwestern Freight Bureau, Agent, For the Attorney General. Rapids, Mich. tariffs I. C. C. Nos. 4257 and 4259, [ seal] D allas S . T ownsend, By the Commission." respectively. Assistant Attorney General, [ seal] H arold D. M cCo y , FSA No 34684: Vermiculite and perlite Director, Office of Alien Property. Secretary. from, to, and between southern points. Filed by O. W. South, Jr., Agent (SFA [F. R. Doc. 58-3794; Filed, May 20, 1958. [P. R. Doc. 58-3789; Piled, May 20, 1958; 8:48 a. m.] 8:48 a. m.] No. A3664), for interested rail carriers. Wednesday, May 21, 1958 FEDERAL REGISTER 3483 A line E lizabeth de M uralt Executed at Washington, D. C., on the date of publication hereof, the fol­ May 14, 1958. notice of intentio n to return vested lowing property, subject to any increase For the Attorney General. or decrease resulting from the admin­ PROPERTY istration thereof prior to return, and Pursuant to section 32 (f) of the [seal] D allas S . T o w nsend, after adequate provision for taxes and Trading With the Enemy Act, as amend­ Assistant Attorney General, conservatory expenses: Director, Office of Alien Property, ed, notice is hereby given of intention Claimant, Claim No., Property, and Location to return, on or after 30 days from the [F. R. Doc. 58-3795; Filed, May 20, 1958; Helen Naegeli, Ermatingen, Switzerland; date of publication hereof, the following 8:49 a. in.] Claim No. 61516; $365.18 in the Treasury of property, subject to any increase or de­ the United States. Vesting Order Nos. 17829 crease resulting from the administra­ and 17903. tion thereof prior to return, and after Executed at Washington, D. C., on adequate provision for taxes and con­ H elen N aegeli May 14, 1958. servatory expenses: NOTICE OF INTENTION TO RETURN VESTED For the Attorney Général. Claimant, Claim No., Property, and Location PROPERTY [seal] P aul V. M yro n, Aline Elizabeth de Muralt, Zurich, Swit­ Pursuant to section 32 Cf) of the Deputy Director, zerland: Claim No. 56854; $4,012.61 in the Trading With the Enemy Act, as Offjfpe of Alien Property. Treasury of the United States. Vesting Order amended, notice is hereby given of inten­ [F. R. Doc. 58-3796; Filed, May 20, 1958; Nos, 8834 and 12687. tion to return, on or after 30 days from 8:49 a. m.]

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