wanted Washington, Wednesday, September 14, 1955

TITLE 6— AGRICULTURAL CREDIT Farms in the Domestic Beet Sugar Area, CONTENTS 1955 Crop (19 F. R. 7260), as amended, Chapter 111—Farmers Home Adminis­ (20 F. R. 1635), the Agricultural Stabili­ Agricultural Marketing Service Pa§® tration, Department of Agriculture zation and Conservation Oregon State Proposed rule making: Committee has issued the bases and pro­ Milk in Central Arizona______6751 Subchapter E—-Account Servicing cedures for dividing the State into pro­ Rules and regulations: [Administration Letter 318 (450) ] portionate share areas and establishing ' Dates, domestic, produced or individual farm proportionate shares P art 361—R o u t in e packed in Los Angeles and from the allocation of 17,685 acres estab­ Riverside Counties, Calif.; RETURN OP NOTES AFTER SATISFACTION OF lished for Oregon by the determination. budget of expenses and rate of JUDGEMENTS Copies of these bases and procedures are assessment for 1955-56 crop available for public inspection at the Section 361.7 of Title 6, Code of Fed­ year______6730 office of such committee at the Ross Potatoes, Irish, grown in idaho r eral Regulations (19 F. R . 2762), is hereby Building, 4th Floor, 209 S. W. 5th Avenue, amended by the addition of a new para­ and Oregon; limitation of Portland, Oregon, and at the offices of the shipments______6729 graph (f) as follows: Agricultural Stabilization and Conserva­ § 361.7 Miscellaneous servicing on tion Committees in the sugar beet pro­ Agriculture Department operating loan accounts. * * * ducing counties of Oregon. These bases See Agricultural Marketing Serv­ (f) Return of notes after satisfactionand procedures incorporate the follow­ ice ; Farmers Home Administra­ of judgments. Notes which have been ing: tion; Commodity Stabilization Service. reduced to judgment are a part of the § 850.15 Oregon— (a) Proportionate court records and ordinarily cannot be share areas. Oregon shall be divided Civil Aeronautics Administra­ withdrawn and returned to the borrower into two proportionate share areas com­ tion even after satisfaction of the judgment. prising beet sugar factory districts as Rules and regulations: Therefore, no effort will be made to ob­ served by two beet sugar companies. Standard instrument approach tain and return such notes except upon procedure alterations______6732 the written request of the judgment These areas shall be designated as fol­ debtor or his attorney. lows: Nampa-Nyssa a n d Toppenish. Civil Aeronautics Board Acreage allotments for these areas shall Notices: (R. S. 161; 5 U. S. C. 22) be computed by applying to the planted Continental Air Lines, Inc__ __ 6753 Dated: September 9, 1955. sugar beet acreage record for each area a weighting of 75 percent to the average Civil Service Commission [seal] R . B . M cL e a is h , acreage for the crops of 1950 through Rules and regulations: Administrator, 1954, as a measure of “past production”, Competitive service, exceptions Farmers Home Administration. and a weighting of 25 percent to the from; Agriculture Depart­ [F. R. Doc. 55-7424; Piled, Sept. 13, 1955; largest acreage of any of the crops of ment______6739 8:52 a. m.] 1950 through 1954, as a measure of Commerce Department “ability, to produce”, with a floor of 98.7 See Civil Aeronautics Administra­ percent of the 1953-54 average acreage tion. TITLE 7— AGRICULTURE and pro rata adjustments to a total of 17,685 acres. Acreage allotments com­ Commodity Credit Corporation Chapter VIII-—Commodity Stabiliza­ puted as aforestated are established as See Commodity Stabilization Serv- • tion Service (Sugar), Department of f o l l o w s : Nampa-Nyssa Area—15,496 ice. Agriculture acres and Toppenish Area—2,189 acres. (b) Set asides of acreage. Set asides Commodity Stabilization Service Subchapter (^ —Determination of Proportionate of acreage shall be made from each area Notices : Shares allotment of 1 percent for new producers Producers of sheep and wool; [Sugar Determination 850.8, Supp. 7] determination of aproval on and 1 percent for appeals. referendum______6752 (c) Requests for proportionate shares. P art 850—D o m e s t ic B e e t S ugar Rules and regulations: A request for each farm proportionate P ro du cin g A rea Beet sugar, domestic, producing share shall be filed at the local ASC areas; proportionate share OREGON PROPORTIONATE SHARE AREAS AND County office on form SU-100, Request areas and farm proportion­ FARM PROPORTIONATE SHARES FOR 1955 for Sugar Beet Proportionate Share. CROP ate shares for 1955 crop: The request shall be signed by the farm Nebraska______6728 Pursuant to the provisions of the De­ operator and shall be filed on or before Oregon______6725 termination of Proportionate Shares for (Continued on next page) Texas______6727 6725 6726 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Pa6e Veterans Administration Pa@e FEDERALMREGISTER mission-—Continued Rules and regulations; Proposed rule making: Claims: Power radio service; eligibility; Dependents; jurisdiction of extension of time for filing pension boards______6731 comments______6751 Veterans; revision of deci- Published daily, except Sundays, Mondays, sions______;______6731 and days following official Federal holidays, Television broadcast stations; by the Federal Register Division, National table of assignments______6751 Archives and Records Service, General Serv­ CODIFICATION GUIDE ices Administration, pursuant to the au­ Federal Power Commission Notices: A numerical list of the parts of the Code thority contained in the Federal Register Act, of Federal Regulations affected by documents approved July 26, 1935 (49 Stat. 500, as Hearings, etc.: published in this issue. Proposed rules, as amended; 44 U, S. C., ch. 8B), under regula­ Anderson-Prichard Oil Corp. 6756 opposed to final actions, are identified as tions prescribed by the Administrative Com­ Atlantic Refining Co_.______6758 su ch . mittee of the Federal Register, approved by Atlantic Refining Co. et al__ 6757 the President. Distribution is made only by Buchan & Heinen Packing Co. 6755 Title 5 Page the Superintendent of Documents, Govern­ Chicago Stock Yards Re­ Chapter I: ment Printing Office, Washington 25, D. C. Part 6______T h e F ederal R egister will be furnished by search Co______i___ 6755 —_____ 6739 mail to subscribers, free of postage, for $1.50 Cumberland Gas Corp______6754 Title 6 per month or $15.00 per year, payable in El Paso Natural Gas Co_____ 6756 Chapter III:» advance. The charge for individual copies Elberton, Ga------6755 Part 361______...... 6725 (minimum 15 cents) varies in proportion to Gas Transmission Co______6757 the size of the issue. Remit check or money Hartwell, Ga______6755 Title 7 order, made payable to the Superintendent Chapter VIII: of Documents, directly to the Government Hudson Oil & Metals Co_____ 6758 Jackson, George______6755 Part 850 (3 documents) ___ 6725-6728 Printing Office, W ashington 25, D. C. Chapter IX: The regulatory material appearing herein Late Oil Co______6758 Part 957______Is keyed to the Code of F ederal Regulations, Leonard Oil Co______6756 ;______6729 which is published, under 50 titles, pursuant Manziel, Bobby, et al______6757 Part 1003______6730 to section 11 of the Federal Register Act, as Point Corp______;______6754 Part 1004 (proposed) ______6751 amended August 5, 1953. The Code of F ed­ Ryan, Fred H______6756 Title 14 eral R egulations is sold by the Superin­ tendent of Documents. Prices of books and Southeastern Gas Co_____ 6753 Chapter H: pocket supplements vary. Wasson, Harvey E______6754 Part 609______...... 6732 There are no restrictions on the re­ Federal Trade Commission Title 16 publication of material appearing in the Chapter I: F ederal R egister, or th e Code of Federal Rules and regulations: R egulations. American Stainless Kitchen Co., Part 13______6737 Inc., et al.; cease and desist Title 26 (1939) order______6737 Chapter I: Part 314 (proposed)______6750 RECORD RETENTION Health, Education, and Welfare Part 319 (see T. 26 (1954) Part Department 179) ______6739 REQUIREMENTS Rules and regulations: Inventions______6747 Title 26 (1954) Reprint Notice Chapter I: Interior Department Part 179...... 6739 A reprint of the Federal Register dated See also National Park Service. Title 32 April 8, 1955, is now available. Notices: This issue, containing a 57-page index- Chapter I: Virgin Islands; designation of Part 50____ 6730 digest of Federal laws and regulations Commissioner of Social Wel- relating to the retention of records by the fare to act as Governor__ ___ 6752 Title 38 public, is priced at 15 cents per copy. Rules and regulations: Chapter I: Order from Superintendent of Documents, Service fees and charges re­ Part 3______6731 Government Printing Office, Washington lating to lands and resources Part 4 ...... ______6731 25, D. C. under jurisdiction of Land Title 43 Management Bureau______6746 Chapter I______6746 Internal Revenue Service Title 45 CONTENTS— Continued Proposed rule making: Chapter I: Tax on reclaimed lubricating Part 6_,______;______6747 Defense Department Pase oils..______i______6750 Part 7______6748 Rules and regulations: Rules and regulations: Part 8______6749 Enlistment and discharge of in­ Machine guns and certain other Title 47 dividuals with juvenile and firearms; excise tax______6739 Chapter I : youthful offender records___ 6730 Interstate Commerce Commis­ Part 3 (proposed)______6751 Farmers Home Administration sion Part 11 (proposed)______6751 Rules and regulations: Notices : Return of notes after satisfac­ Fourth section applications^_i. 6764 tion of judgments______6725 the closing date for such filing, as estab­ Motor carrier applications____ 6759 lished by the State Committee and pub­ Federal Communications Com­ National Park Service licized through local news releases. mission Notices : (d) Establishment of individual farm Notices : Regional Directors; delegations proportionate shares—(1) Farm bases. Chief Hearing Examiner; dele­ of authority with respect (i) Farm bases shall be established as gation of certain authorities follows: ' presently delegated to Mo- to administration, operation, (a) Nampa-Nyssa Area. For each tions Commissioner______6753 and development of certain farm in the Nampa-Nyssa area whose Class B FM broadcast stations; areas______6752 operator is not a tenant in the 1955- revised tentative allocation Treasury Department crop season, the farm base shall be es­ plan------6753 See Internal Revenue Service. tablished from the planted sugar beet Wednesday, September 14, 1955 FEDERAL REGISTER 6727 acreage record of the farm, and for each (3) Adjustments in initial shares. Oregon State Committee for determin­ farm in such area whose operator is a Within the acreage of initial shares in ing farm proportionate shares in Ore­ tenant in the 1955-crop season, a farm excess of requested acreages in each pro­ gon in accordance with the determina­ base shall be established from the portionate share area, adjustments shall tion of proportionate shares for the 1955 planted sugar beet acreage record of the be made in initial farm proportionate crop of sugar beets, as issued by the farm, or the planted sugar beet acreage shares so as to establish a proportionate Secretary of Agriculture. record of the producer, whichever gives share for each farm which is fair and The division of Oregon into two areas the higher base. Such farm base shall equitable as compared with proportion­ as served by beet sugar companies pro­ be computed by giving a weighting of 80 ate shares for all other farms in the area vides a reasonable subdivision of the percent to the average acreage of the by taking into consideration availability State, in relation to the operation of crops of 1950 through 1954, as a measure and suitability of land, area of available sugar beet processing plants and the use of “past production”, and a weighting of fields, availability of irrigation water, of advisory committees comprising 20 percent to the largest acreage of the adequacy of drainage, availability-of pro­ grower and processor representatives. crops of 1950 through 1954, as a measure duction and marketing facilities and the The formula used in dividing the State of “ability to produce”. production experience of the operator. acreage allocation between these areas (by Toppenish Area. For each farm (4) Proportionate shares for new pro­ is similar to the formula used by the in the Toppenish area whose operator is ducers. Within the acreage set aside Department of Agriculture in establish­ not a tenant in the 1955-crop season or for new producers in each proportionate ing State allocations. whose operator is a tenant without a share area, proportionate shares shall be The subdivision of the Nampa-Nyssa personal sugar beet production record in established for new producers (as de­ area allotment into individual farm pro­ the 1952-54 period, the farm base shall fined in § 850.8) by taking into consid­ portionate shares is based on a formula be established from the planted sugar eration the availability and suitability quite similar to that used in dividing the beet acreage record of the farm accruing of land, area of available fields, avail­ State allocation, while the subdivision to the land owner under the effective ability of irrigation water, adequacy of of the Toppenish area allotment is based cropping arrangements except that for drainage, availability of production and primarily upon 3-year average acreages, sugar beet acreage grown on cash marketing facilities and the production with specified maximum and m inim um rented land, a credit shall he given for experience of the operator. And to give levels to reflect acreage trends. Since 25 percent of such acreage. For each effect to production experience, first con­ sugar beet production in Oregon is or­ farm in such area whose operator is a sideration shall be given to a farm op­ ganized around tenant-operators rather tenant in the 1955-crop season with re­ erator who was a sugar beet producer than around units of land, the personal spect to all of the land in the farm, the as a tenant during the base period (1950- production records of the farm opera­ farm base shall be established from the 54 for the Nampa-Nyssa Area and 1952- tors, as well as the productiôn records personal sugar beet acreage production 54 for the Toppenish Area) and who is of the farms, are considered generally record of the operator. For each farm an owner-operator in 1955 on land with­ in establishing individual farm propor­ in such area whose operator for the 1955- out sugar beet production history in the tionate shares. crop season is an owner with respect to base period. The bases and procedures for making part of the land in the farm and a (5) Adjustments under appeals. adjustments in initial proportionate tenant with respect to the balance of Within the acreage set aside for making shares, for establishing shares for new such land, the farm base shall be estab­ adjustments under appeals and any producers, and for adjusting proportion­ lished from a combination of farm and other acreage remaining unused in each ate shares because of unused acreage personal acreage production records as proportionate share area, adjustments and appeals, set forth criteria to be fol­ computed for the respective parts of the shall be made in proportionate shares lowed for each of these operations in farm as heretofore provided in this sub­ under appeals to establish fair and equi­ order that a fair and equitable propor­ division. table farm shares in accordance with tionate share may be established for (ii) The farm base shall be one-third the provisions of the determination ap­ each farm. of the total of the applicable planted plicable to appeals. (Sec. 403, 61 Stat. 932; 7 U. S. C. 1153. Inter­ sugar beet acreages determined in ac­ (6) Adjustments because of unused prets or applies sec. 302, 61 Stat. 930; 7 U. S. C. cordance with the foregoing provisions acreage. To the extent of acreage avail­ 1132) of this subdivision for the years 1952, able within the allotment for each pro­ Dated: July 5, 1955. 1953 and 1954, except that: portionate share area from underplant­ (iii) Where there is a planted sugar ing and failure to plant proportionate [ s e a l ] E . H a r v e y M il l e r , beet acreage record for each of the years share acreages, and from set-aside Chairman, Agricultural Sta­ 1952, 1953 and 1954, the farm base shall acreages remaining unallotted, adjust­ bilization and Conservation not exceed 100 percent of the 1954 acre­ ments shall be made in farm propor­ Oregon State Committee. age nor be less than 90 percent of the tionate shares throughout the 1955-crop Approved: September 1, 1955. 1954 acreage; season. These adjustments shall be (,iv) Where there is a planted sugar made insofar as practicable during the L a w r e n c e M y e r s ,. beet acreage record for 1954 and either planting season in the area on a pro Director', Sugar Division, Com­ 1952 or 1953, the farm base shall not be rata basis for the farms whereon addi­ modity Stabilization Service. less than 85 percent of the 1954 acreage; tional acreage may be planted.^ [F. R. Doc. 55-7419; Filed, Sept. 13, 1955; and (T) Notification of farm operators. 8:52 a. m.] n (v) Where there is planted sugar beet Thè farm operator shall be notified con­ acreage record for 1954 only, the farm cerning the proportionate share estab­ base shall not be less than 80 percent of lished for his farm on form SU-103, [Sugar Determination 850.8, Supp. 11] the 1954 acreage. Notice of Farm Proportionate Share— P art 850—D o m e s t ic B e e t S ugar . (2) Initial proportionate shares. In­1955 Sugar Beet Crop, even if the acre­ P ro d u c in g A rea itial proportionate shares shall be estab­ age established is “none” and in each lished from the farm bases in each pro­ case of approved adjustment, the farm TEXAS FARM PROPORTIONATE SHARES FOR operator shall be notified regarding the 1955 CROP portionate share area on a pro rata adjusted proportionate share on a form basis so that the total of the farm shares SU-103 marked “Revised.” Pursuant to the provisions of the De­ equals the area allotment less the pre­ ' (8) Determination provisions prevail. termination of Proportionate Shares for scribed set-asides, except that for each The bases and procedures set forth in Farms in the Domestic Beet Sugar Area, farm in the Toppenish area with a base this, section are issued in accordance 1955 Crop (19 F. R. 7260), as amended of 8.0 acres or less, the initial share shall (20 F; R. 1635), the Agricultural Sta­ with and subject to the provisions of bilization and Conservation Texas State coincide with the base, and for each farm § 850.8. Committee has issued the bases and pro­ ln Nampa-Nyssa area with 4 acres of Statement of bases and considerations. cedures for establishing individual farm sugar beets or less in 1954, the initial This supplement sets forth the bases and proportionate shares from the allocation farm share shall not be less than the procedures established by the Agricul­ of 1,590 acres established for Texas by 1954 planted acres. tural Stabilization and Conservation the determination. Copies of these bases 6728 RULES AND REGULATIONS and procedures are available for public C6) Adjustments because of unused [Sugar Determination 850.8, Supp. 13] inspection at the office of such commit­ acreage. To the extent of acreage avail­ P art 850—D o m e s t ic B e e t S ugar tee at the A. A. A. Building, College Sta­ able within the State allocation from P r o d u c in g A rea tion, Texas, and at the offices of the underplanting and failure to plant pro­ Agricultural Stabilization and Conser­ portionate share acreages, and from set- NEBRASKA PROPORTIONATE SHARE AREAS AND vation Committees in the sugar beet aside acreages remaining unalloted, FARM PROPORTIONATE SHARES FOR 1955 producing counties of Texas. The bases adjustments shall be made in farm pro­ CROP and procedures incorporate the follow­ portionate shares throughout the 1955- Pursuant to the provisions of the De­ ing: - i crop season. These adjustments shall termination of Proportionate Shares for § 850.19 Texas—(a) Set asides Of be made insofar as practicable during Farms in the Domestic Beet Sugar Area, the planting season on a pro rata basis 1955 CTop (19 F. R. 7260), as amended acreage. Prom the State allocation for the farms whereon additional acre­ there is set aside 63 acres for use in es­ (20 F. R. 1635), the Agricultural Stabili­ tablishing farm proportionate shares age may be planted. zation and Conservation Nebraska State for new producers, 16 acres for adjusting (7) Notification of farm operators. Committee has issued the bases and pro­ individual farm proportionate shares The farm operator shall be notified con­ cedures for dividing the State into pro­ cerning the proportionate share estab­ portionate share areas and establishing under appeals, and 40 acres for adjusting initial farm proportionate shares. lished for his farm on form SU-103, individual farm proportionate shares Notice of Farm Proportionate Share— from the allocation of 58,720 acres estab­ (b) Requests for proportionate shares. 1955 Sugar Beet Crop, even if the acreage A request for each farm proportionate lished for Nebraska by the determina­ established is “none” and in each case tion. Copies of these bases and pro­ share shall be filed at the local ASC of approved adjustment the farm opera­ County office on form SU-100, Request cedures are available for public inspec­ tor shall be notified regarding the ad­ tion at the offîcè of such committee at for Sugar Beet Proportionate Share. justed proportionate share on a farm The request shall be signed by the farm Room 407, U. S. Postoffice and Court­ SU-103 marked “Revised”. house Building, Lincoln, Nebraska, and operator and shall be filed on or before (8) Determination provisions prevail. the closing date for such filing, as estab­ at the offices of the Agricultural Stabili­ The bases and procedures set forth in zation and Conservation Committees in lished by the State Committee and pub­ this section are issued in • accordance licized through local news releases. the sugar beet producing counties of .Ï (c) Establishment of individual farm with and subject to the provisions of Nebraska. The bases and procedures proportionate shares— (1) Farm bases. § 850.8. incorporate the following: For each farm in Texas, the farm base Statement of bases and considera­ § 850.21 Nebraska—(a) Proportion­ shall be established from the planted tions. This supplement sets forth the ate share areas. Nebraska shall be sugar beèt acreage record of the farm bases and procedures established by the divided into four proportionate share by giving a weighting of 75 percent to Agricultural Stabilization and Conser­ areas as served by beet sugar companies. the average acreage for the crops of vation Texas State Committee for de­ These areas shall be designated “Ameri­ 1950 through 1954, as a measure of termining farm proportionate shares in can Crystal,” “Great Western,” “Holly,” “past production” and a weighting of Texas in accordance with the determi­ and “Utah-Idaho,” respectively; Acre­ 25 percent to the average acreage of the nation of proportionate shares for the age allotments for these areas shall be crops of 1953-54, as a measure of “ability 1055 crop of sugar beets, as issued by computed by applying to the planted to produce.” the Secretary of Agriculture. sugar beet acreage record for each area (2) Initial Proportionate shares. The establishment of individual farm a weighting of 75 percent to the average Initial proportionate shares shall be es­ proportionate shares directly from the acreage for the crops of 1950 through tablished from the farm bases on a pro State allocation, without subdividing the 1954, as a measure of “past production,” rata basis so that the total of the farm State into proportionate share areas, is and a weighting of 25 percent to the shares equals the State allocation less reasonable considering that the sugar largest acreage of any of the crops of the prescribed set-asides. beet producing region of the State is 1950 through 1954, as a measure of (3) Adjustments in initial shares. relatively small and only one beet sugar “ability to produce,” with pro rata ad­ Within the acreage available from the company contracts for acreage in Texas. justments to a total of 58,720 acres. set-aside for adjustments, and from The formula used in subdividing the Acreage allotments computed as afore- acreage of initial shares in excess of re­ State acreage allocation into individual stated are established as follows : Ameri­ quested acreages in each proportionate farm proportionate shares is similar to can Crystal Area—5,669 acres; Great share area, adjustments shall be made in that used by the Department of Agricul­ Western Area—49,462 acres; Holly initial farm proportionate shares so as ture in establishing State allocations, Area-—441 acres; and Utah-Idaho Area— to establish a proportionate share for but “ability to produce” is measured by 3,148 acres. each farm which is fair and equitable as the 1953-54 average acreage rather than (b) Set asides of acreage. Set asides compared with proportionate shares for the largest acreage of any of the crops of of acreage shall be made from each area all other farms in the area by taking 1950 through 1954. allotment of 1 percent for new producers into consideration availability and suit­ The bases and procedures for making and 1 percent for appeals. In addition, ability of land, area of available fields, adjustments in initial proportionate set asides for making adjustments in availability of irrigation water, ade­ shares, for establishing shares for new initial proportionate shares shall be quacy of drainage, availability of pro­ producers, and for adjusting proportion­ made as follows: American Crystal duction and marketing f acilities, and the ate shares because of unused acreage and Area—5.7 acres, Great Western Area— production experience of the operator. appeals, set forth criteria to be followed 0 acres, Holly Area—0 acres, and Utah- (4) Proportionate shares for new pro­ for each of these operations in order that Idaho Area—10.6 acres. ducers. Within the acreage set aside for a fair and equitable proportionate share (c) Requests for proportionate shares. new producers, proportionate shares may be established for each farm. A request for each farm proportionate shall be established for new porducers (Sec. 403, 61 Stat. 932; 7 U. S. C. 1153. In­ share shall be filed at the local ASC (as defined in § 850.8) by taking into terprets or applies sec. 302, 61 Stat. 930; 7 Copnty office on form SU-100, Request consideration the suitability and area of U. S. O. 1132) for Sugar Beet Proportionate Share. available land, availability of irrigation Dated: August 4, 1955. The request shall be signed by the farm water, availability of production and operator and shall be filed on or before marketing facilities and the production [ se a l] R. G. S h r a u n e r , the closing date for such filing, as estab­ experience of the operator. Chairman, Agricultural Sta­ lished by the State Committee and pub­ (5) Adjustments under appeals. bilization and Conservation licized through local news releases, ex­ Within the acreage set aside for making Texas State Committee. cept that a request may be accepted by adjustments under appeals and any Approved: September 1, 1955. the ASC State Committee after that date other acreage remaining unused adjust­ if the failure to timely file was not the ments shall be made in proportionate L a w r e n c e M y e r s , fault of the operator. shares under appeals to establish fair Director, Sugar Division, Com­ (d) Establishment of individual farm 'and equitable farm shares in accordance modity Stabilization Service. proportionate shares—(1) Farm bases. with the provisions of the determination [F. R. Doc. 55-7420; Filed, Sept. 13, 1955; Farm bases shall be established as applicable to appeals. 8:52 a. m.J follows: Wednesday, September 14, 1955 FEDERAL REGISTER 6729

(i) American Crystal Area. For each (3) Adjustments in initial shares. The division of Nebraska into general farm in the American Crystal Area, the Within the acreage available from the areas as served by beet sugar companies farm base shall be computed from the set-aside for adjustments, and from provides a reasonable subdivision of the applicable planted sugar beet acreage, as acreage of initial shares in excess of State, in relation to geographical loca­ defined hereinafter, by giving a 75 per­ requested acreages in each proportionate tions, the operation of sugar beet proc­ cent weighting to the average acreage share area, adjustments shall be made in essing plants and the use of advisory for the crops of 1950 through 1954, as a initial farm proportionate shares so as committees comprising grower and proc­ measure of “past production”, and a to establish a proportionate share for essor representatives. The formula used 25 percent weighting to the largest acre­ each farm which is fair and equitable as in subdividing the State acreage allo­ age of the crops of 1950 through 1954, as compared with proportionate shares for cation among these areas is identical a measure of "ability to produce”, with all other farms in the locality by taking to that used by the Department of Agri­ a minimum of 94 percent of the average into consideration availability and suit­ culture in establishing State allocations. 1953-54 acreage. The applicable planted ability of land, area of available fields, The formula used in subdividing the sugar beet acreage shall be determined availability of irrigation water, adequacy allotments for two areas into individual as follows: For a farm totally owned by of drainage, availability of production farm proportionate shares also employs the 1955 operator, the applicable planted and marketing facilities and the produc­ the same base period and similar weight­ sugar beet acreage shall be the planted tion experience of the operator. ings. For the Great Western and Holly acreage for the farm within the base (4) Proportionate shares for new pro­ Areas, a special formula was developed period; and for a farm for which the 1955 ducers. Within the acreage set aside for to recognize a larger number of cate­ operator is a tenant in any capacity, the new producers in each proportionate gories and to give greater weight to applicable planted sugar beet acreage share area, proportionate shares shall be length of production and recent produc­ shall be the acreage planted by the established for new producers (as defined tion. The percentage factors used in operator in the area within the base in § 850.8) by taking into consideration these two areas reflect adjustments period; provided that in case both the the suitability and area of available land, made in order that the total acreage of owner-operator of land and the person availability of equipment for the produc­ farm bases in each area equalled the who was a tenant on the same land re­ tion of sugar beets, availability of irriga­ area allotment less the prescribed set- quest proportionate shares, the acreage tion water, availability of marketing asides. Since sugar beet production in record of such land shall be divided be­ facilities and the production experience the American Crystal Area of Nebraska tween such owner and tenant on the of the operator. is organized around tenant-operators basis of the effective crop shares. (5) Adjustments under appeals. With­ rather than around units of land, the (ii) Great Western and Holly Areas. in the acreage set aside for making ad­ personal production records of the farm For each farm in the Great Western Area justments under appeals and any other operators are considered generally in es­ or the Holly Area, the factors “past pro­ acreage remaining unused in each pro­ tablishing individual farm proportion­ duction” and “ability to produce” shall portionate share area, adjustments shall ate shares in that area. be measured by establishing a farm base be made in proportionate shares under computed by multiplying the average The bases and procedures for making appeals to establish fair and equitable adjustments in initial proportionate planted sugar beet acreage for the farm farm shares in accordance with the pro­ for the crops of 1950 through 1954 (total shares, for establishing shares for new visions of the determination applicable producers, and for adjusting proportion­ planted acreage divided by the number to appeals. of crops for which beets were actually ate shares because of unused acreage (6) Adjustments because of unused and appeals, set forth criteria to be fol­ planted) by the percentage shown for the acreage. To the extent of acreage avail­ category applicable to the farm, as fol­ lowed for each of these operations in able within the allotment for each pro­ order that a fair and equitable propor­ lows: portionate share area from underplant­ P ercen t tionate share may be established for Planted acreage for all 5 crops______c 100 ing and failure to plant proportionate each farm. Planted acreage only for last 4 crops____ 88 share acreages, and from setaside acre­ ages remaining unallotted, adjustments (Sec. 403, 61 Stat. 932; 7 U. S. C. 1153. In­ Planted acreage only for 4 crops other terprets or applies sec. 302, 61 Stat. 930; than last 4 consecutive crops______83 shall be made in farm proportionate 7 U. S. C. 1132) Planted acreage only for last 3 crops____ 72 shares throughout the 1955-crop season. Planted acreage only for 3 crops other These adjustments shall be made insofar Dated: August 4, 1955. than last 3 consecutive crops______65 as practicable during the planting season [ se a l ] P arr Y o u n g , Planted acreage only for last 2 crops____ 58 in the area on a pro rata basis for the Planted acreage only for 2 crops other Chairman, Agricultural Sta­ than last 2 consecutive crops______50 farms whereon additional acreage may bilization and Conservation Planted acreage only for 1954 crop ______40 be planted. Nebraska State Committee. Planted acreage only for one crop other (7) Notification of farm operators. than 1954 crop______18 The farm operator shall be notified con­ Approved: September 1, 1955. cerning the proportionate share estab­ L a w r e n c e M y e r s , (iii) Utah-Idaho Area. For eachlished for his farm on form SU-103, farm in the Utah-Idaho Area, the farm Director, Sugar Division, Notice of Farm Proportionate Share— Commodity Stabilization Service. base shall be computed from the planted 1955 Sugar Beet Crop, even if the acreage sugar beet acreage record of the farm by established is “none” and in each case of [F. R. Doc. 55-7418; Filed, Sept. 13, 1955; • giving a weighting of 75 percent to the 8:51 a. m.J average acreage for the crops of 1950 approved adjustment the farm operator through 1954, as a measure of “past pro­ shall be notified regarding the adjusted duction”, and a weighting of 25 percent proportionate share on a form SU-103 marked “Revised”. to the average acreage for the crops of Chapter IX— Agricultural Marketing 1953-54, as a measure of “ability to pro­ (8) Determination provisions prevail. duce”. The bases and procedures set forth in Service (Marketing Agreements and (2) Initial proportionate shares. Ini­this section are issued in accordance with Orders), Department of Agriculture tial proportionate shares shall be estab­ and subject to the provisions of § 850.8. [957.313, Arndt.] lished from the farm bases in each of Statement of bases and considerations. P art 957—I r is h P o t a t o e s G r o w n i n the American Crystal and Utah-Idaho This supplement sets forth the bases and areas on a pro rata basis so that the total C e r t a in D e s ig n a t e d C o u n t ie s i n I daho procedures established by the Agricul­ and M a l h e u r C o u n t y , O r eg o n of the farm shares equals the area allot­ tural Stabilization and Conservation ment less the prescribed set-asides. In Nebraska State Committee for determin­ LIMITATION OF SHIPMENTS each of the Great Western and Holly ing farm proportionate shares in Findings, (a) Pursuant to Marketing Areas, the farm bases as computed in Nebraska in accordance with the deter­ Agreement No. 98 and Order No. 57, as subdivision (ii) of paragraph (d) (1) of mination of proportionate shares for the amended (7 CFR Part 957), regulating this section shall constitute the initial 1955 crop of sugar beets, as issued by the the handling of Irish potatoes grown in proportionate shares. Secretary of Agriculture. certain designated counties in Idaho and' 6730 RULES AND REGULATIONS

Malheur County, Oregon, effective under Done at Washington, D. C., this 9th Issued at Washington, D. C., this 9th the applicable provisions of the Agricul­ day of September 1955 to become effec­ day of September 1955, to become effec­ tural Marketing Agreement Act of 1937, tive September 20, 1955. tive on the date on which this order is as amended (48 Stat. 31, as amended; published in the F ederal R e g is t e r . [ se a l ! F l o y d F . H e d l u n d , 7 U. S. C. 601 et seq.), and upon the Acting Director, [ s e a l ] F . R . B u r k e , basis of the recommendation and infor­ Fruit and Vegetable Division. Acting Deputy Administrator. mation submitted by the Idaho-Eastern [F. R. Doc. 55-7417; Filed, Sept. 13, 1955; [F. R. Doc. 55-7416; Filed, Sept. 13, 1955; Oregon Potato Committee, established 8:51 a. m.] pursuant to said marketing a g r e e m e n t 8:51 a. m.] and order, as amended, and upon other available information, it is hereby found that the amendment to the limitation of TITLE 32— NATIONAL DEFENSE shipments, as hereinafter provided, will P art 1003—H a n d lin g o f D o m e s t ic D a te s tend to effectuate the declared policy of Chapter I— Office of the Secretary of P roduced or P acked i n L o s A n g e l e s Defense the act. and R iv e r s id e C o u n t ie s o f C a l if o r n ia (b) It is hereby found that it is im­ Subchapter C— Military Personnel practicable and contrary to the public BUDGET OF EXPENSES AND RATE OF ASSESS­ interest to'give preliminary notice, en­ MENT FOR 1955-56 CROP YEAR P art 50—Enlistment and Discharge of gage in public rule making procedure, I ndividuals With J uvenile and and postpone the effective date of this Pursuant to Marketing Agreement No. Youthful Offender R ecords amendment until 30 days after publica­ 127 and Order No. 103 (20 F. R. 5056) Sec. tion in the F ederal R e g is t e r (5 U. S. C. regulating the handling of domestic dates produced or packed in Los Angeles 50.1 Purpose. 1001 et seq.) in that (i) the time inter­ 50.2 Policy. vening between the date when informa­ and Riverside Counties of California, ef­ tion upon which this amendment is fective under the Agricultural Marketing Authority: §§ 50.1 and 50.2 Issued under based became available and the time Agreement Act of 1937, as amended (7 sec. 202, 61 Stat. 500, as amended, 5 U. S. C. U. S. C. 601 et seq.), and upon the basis 171a. Interpret or apply Reorg. Plan No. 6 when this amendment must become of 1953, 18 F. R. 3743, 3 CFR, 1953 Supp. effective in order to effectuate the de­ of the recommendations of, and infor­ clared policy of the act is insufficient, mation supplied by, the Date Adminis­ § 50.1 Purpose. The purpose of this (ii) more orderly marketing in the trative Committee, it is hereby found part is to establish uniform policies in public interest, than would otherwise and determined and it is, therefore, or­ the enlistment and separation regula­ prevail, will be promoted by regulating dered, that the budget of expenses of tions and procedures of the armed serv­ the shipment of potatoes, in the manner the Date Administrative Committee and ices concerning individuals with juve­ set forth below, on and after the effective the rate of assessment, for the crop year nile and youthful offender records. ending Jüly 31, 1956, shall be as follows; date of this amendment, (iii) compliance § 50.2 Policy, (a) Enlistment of ap­ with this amendment will not require § 1003.300 Budget of expenses of the plicants with juvenile and youthful any special preparation on the part of Date Administrative Committee and rate offender records. handlers which cannot be completed by of assessment for the crop year ending (1) The fact of adjudication as a the effective date, (iv) reasonable time July 31, 1956—(a) Budget of expenses. youthful offender or juvenile delinquent is permitted, under the circumstances, Expenses in the amount of $36,000 are by a State or disposition by Federal juve­ for such preparation, and (v) informa­ reasonable and likely to be incurred by nile authorities is not in itself a bar to tion regarding the committee’s recom­ the Date Administrative Committee for enlistment if the applicant is otherwise mendations has been made available to its maintenance and functioning for the eligible. An applicant is to be judged producers and handlers in the produc­ crop year ending J,uly 31, 1956. As pro­ as to his fitness for the armed services tion area. vided in § 1003.71, such expenses for said by his character as of the time of his Order, as amended. The provisions of crop year shall cover expenses incurred application for enlistment. § 957.313 (b) (1) (20 F. R. 4794, 5807, from July 15, 1955, through July 31, (2) D uring enlistment processing 6075) are hereby amended to read as 1956. each applicant will be specifically ques­ follows; (b) Rate of assessment. Each han­ tioned concerning juvenile and youthful (b) Order. (1) During the perioddler shall pay to the Date Administrative offender records; the policies of the from September 20, 1955, to October 8, Committee, in accordance with the ex­ services in this regard and the necessity 1955, both dates inclusive, no handler press requirement contained in § 1003.72, for complete and accurate statements shall ship potatoes of any variety unless an assessment of 15 cents per hundred­ will be thoroughly explained to the ap­ at least 90 percent of such potatoes are weight of dates handled or certified for plicant; and he will be required to sign “fairly clean” and (i) if they are of the handling by him as the first handler a written statement as to whether or red skin varities such potatoes meet the thereof during the period beginning Sep­ not he has any type of record of juvenile tember 1, 1955, and ending July 31, 1956. delinquency or of being a youthful of­ requirements of the U. S. No. 1 or better It is hereby found that it is impractica­ fender. If he admits such record, or if grade, 2 inches minimum diameter, (ii) ble, unnecessary, and contrary to the he does not admit one and the enlisting if they are of the White Rose variety public interest to give preliminary notice, agency has reason to believe such a rec­ such potatoes meet the requirements of engage in public rule making procedure, ord does exist, enlistment action will be the U. S. No. 1 or better grade, Size A, or postpone the foregoing action until 30 held in abeyance pending a complete 2 inches minimum diameter, or 4 ounces days or any lesser period, after publica­ investigation of the facts in the case. minimum weight, and (iii) if they are tion thereof in the F ederal R e g is t e r (see Contact will be made with the civil au­ of any other varieties, including but not section 4 of the Administrative Procedure thorities for information as to the ap­ limited to Russet Burbanks, Early Gems, Act; 5 U. S. C. 1001 et seq.) because: (1) plicant’s character and rehabilitation, The rate of assessment for the period in the actual offenses committed, circum­ Kennebees, and all round white varieties, question has been prescribed in the mar­ such potatoes meet the requirements of stances in the case, disposition by the keting agreement and order pursuant to courts, actual confinement served and the U. S. No. 2 or better grade, Size A, formal notice and hearing procedures; whether any form of civil restraint still 2 inches minimum diameter, or 4 ounces (2) assessable dates are now being han­ exists. The evaluation of the civil court minimum weight, as such terms, grades, dled by handlers; (3) the likelihood that and its probation officers will be an im­ and sizes are defined in the United this action would be taken is already well portant consideration. Any other infor­ States S ta n d a rd s for ’Potatoes known in the date industry; and (4) this mation deemed relevant to an evaluation (§§ 51.1540 to 51.1559 of this title), in­ action will require no advance prepara­ of the case may also be requested. cluding the tolerances set forth therein. tion by the handlers. Where civil authorities refuse to furnish (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. (Sec. 5, 49 Stat. 753, as amended: 7 U. S. C. information, the enlistment will be held 608c) 608c) ' in abeyance and the applicant advised Wednesday, September 14, 1955 FEDERAL REGISTER 6731 that the burden of obtaining and fur­ TITLE 38— PENSIONS, BONUSES, tion to be clearly illegal. (See Veterans nishing the information is upon him. Administration claims procedures.) (3) If civil restraint no longer exists AND VETERANS’ RELIEF * * * * * and if the applicant’s over-all rehabilita­ Chapter I— Veterans Administration (Sec. 5, 43 Stat. 608, as amended, sec. 2, 46 tion appears to be satisfactory and if Stat. 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11a, otherwise qualified for service he may be P art 3—V e t e r a n s C l a im s 426, 707) accepted for enlistment. If the appli­ r e v is io n o f d e c is io n s This regulation is effective September cant’s over-all rehabilitation has not 14, 1955. been satisfactory or if the investigation In § 3.9, paragraph (d) is amended to discloses him to be morally unacceptable read as follows: [ s e a l ] J. C . P a l m e r , Assistant Deputy Administrator. for military service and unfit to associ­ § 3.9 Revision of decisions. * * * ate with members of the military service, (d) Authority to sever service-connec­ [F. R. Doc. 55-7409; Filed, Sept. 13, 1955; he shall be rejected for enlistment. Such tion upon the basis of clear and unmis­ 8:49 a. m.] rejection will be on the above grounds takable error (the burden of proof being and not due to the fact .that the appli­ upon the Government), is vested in cant was adjudged a youthful offender regional offices. Service-connection will or juvenile delinquent. not be severed in any case on a change P art 4—D e p e n d e n t s and B eneficiaries (4) Recruiting personnel will be thor­ of diagnosis in the absence of the cer­ C l a im s oughly trained in and familiar with all tification hereinafter provided. Accord­ In § 4.168, paragraphs (a) (11) and aspects of the interrogation procedure. ingly, in reports, of examinations sub­ (b) Disposition of enlistees who de­ (b) (1) and (2) are amended to read mitted for rating purposes, where a as follows: nied upon enlistment that they had change in diagnosis of service-connected juvenile and youthful offender records. disability is made, the examining physi­ § 4.168 Jurisdiction of dependents (1) Upon discovery subsequent to en­ cian or physicians or other proper medi­ pension boards, (a) * * * listment that an enlistee denied a juve­ cal authority, will be required to certify, (11) Eligibility of designated persons nile or youthful offender record, action in the light of all accumulated medical under specific acts, such as Public Law will be taken to ascertain all the facts evidence, that the prior diagnosis on 229, 79th Congress, as amended by Pub­ in the case. Contact will be made with which service-connection was predicated lic Law 586, 81st Congress and Public the civil authorities for information as was not correct. This certification will Law 381, 83d Congress (with service in to the actual offenses committed, cir­ be accompanied by a summary of the the Korean conflict terminated as of cumstances in the case, disposition by facts, findings, and reasons supporting January 31, 1955 by Presidential proc­ the juvenile or youthful offender courts, the conclusion reached. When, in the lamation for service connection under actual confinement served and whether judgment of the examining physicians, wartime criteria), where Veterans Ad­ any form of civil restraint still exists. a newly diagnosed disease is a matura­ ministration determination is required Any other information deemed relevant tion or extension of an earlier diagnosed as to whether death of a veteran was to an evaluation of the case may also be disease, they will so state. No certifica­ due to service-connected disability. requested. In addition, the man will be tion of error in the prior diagnosis is to * * * * * afforded the privilege of making a state­ be made under these circumstances. (h) * • * ment after being advised of his rights This will not preclude examining physi­ under Article 31, MCM, 1951. (1) The veteran was missing or mis­ cians from concluding, in proper cases, sing in action and under the provisions (2) In the interest of conservation of that a formerly diagnosed disease was manpower, the concealment of such rec­ of Public Law 490, 77th Congress, as an expression of a basic physical or per­ amended, the death of the veteran has ords should not automatically preclude sonality defect; such changes of diag­ the retention of the individual unless in­ been presumed by the service depart­ nosis, however, require certification of ment: Provided, That the date the vet­ vestigation shows the individual morally error as to prior diagnoses. When the unsuited for military service and associ­ eran is reported as having been missing examining physician or physicians, or or missing in action as distinguished ation with other members of the military other proper medical authority, are un­ service. from the date of presumed death was able to make the certification provided prior to July 26, 1947, or after June 26, (3) The facts in the case, the man’s herein, service-connection will be con­ statement, the determination of the 1950, and prior to February 1, 1955: tinued by the rating agency. Where And provided further, That it is not court and its officers, and the military this certification is made, or an opinion service rendered by the enlistee since en­ shown that the veteran survived beyond is recorded that a newly diagnosed dis­ the date of presumed death. The pro­ listment will be evaluated in order to ease is a maturation of an earlier diag­ determine whether subject should be visions of this subparagraph do not ap­ nosed disease, the case will be carefully ply, however, to the case of any member discharged or retained in the serVice. considered by the rating agency, and in (4) If discharge is determined to be of the Philippine Scouts or the Common­ the event it is determined in considera­ wealth Army of the Philippines where proper, it will be for unsuitability under tion of all the accumulated evidence that honorable conditions unless circum­ the veteran, at any time prior to his service-connection should be continued, death, was an escaped or released pris­ stances are such as to warrant a lower a decision to that effect will be rendered, type discharge, in which case a discharge oner of war or had left his organization citing this section as authority. If in in anticipation of or due to the capitula­ by reason of misconduct (fraudulent en­ the light of all the accumulated evidence, listment) may be effected. If retention tion. (See also §4.78 (b) (4).) it is determined that service-connection (2) The veteran was killed in action, in the service is deemed appropriate, may not be maintained, it will be subject will be granted a waiver and or died in service from wounds received severed. The claimant will be immedi­ in action, during a period of war or after notation thereof made in his service ately notified in writing of the contem­ record. June 26, 1950, and prior to February 1, plated action and the detailed reasons 1955. (5) In the event investigation reveals therefor and will be given a reasonable that civil restraint exists and the man’s period, not to exceed 60 days from the ***** retention is desired, the civil authorities date on which such notice is mailed to (Sec. 5, 43 Stat. 608, as amended, sec. 2, 46 will be requested to terminate or suspend his last address of record, for the pres­ Stat. 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11a, such restraint for the duration of the entation of additional evidence perti­ 426, 707) enlistment. . nent to the question. This procedure is This regulation is effective September for application except (1) in case of 14,1955. C a rter L . B u r g e ss, fraud; (2) in case of a change in law; Assistant Secretary of Defense (3) in case of a change of interpretation [ s e a l ] J. C. P a l m e r , (.Manpower, Personnel and Reserve). of law specifically provided in a Veterans Assistant Deputy Administrator. [P. R. Doc. 55-7380; Piled, Sept. 13, 1955; Administration issue; or (4) where the [F. R. Doc. 55-7410; Filed, Sept. 13, 1955; 8:45 a. m.l evidence establishes the service-connec­ 8:50 a. m.] TITLE 14— CIVIL AVIATION 6732 Chapter II—-Civil Aeronautics Administration, Department of Commerce [Amdt. 160]

P art 609—S tandard I n s t r u m e n t A ppr o a c h P r o ced ur es PROCEDURE ALTERATIONS The standard instrument approach procedure alterations appearing hereinafter are adopted to become effective when indicated in order to promote safety. Compliance with the notice, procedures, and effective date provisions of section 4 of the Administrative Procedure Act would be impracticable and contrary to the public interest, and therefore is not required. Part 609 is amended as follows: Note: Where the general classification (LFR, VAR, ADF, ILS, GCA, or VOR), location, and procedure number (if any) of any procedure in the amendments which foUow, are identical with an existing procedure, that procedure is to be substituted for the existing one, as of the effective date given, to the extent that it differs from the existing procedure; where a procedure is canceled, the existing procedure is revoked; new procedures are to be placed in appropriate alphabetical sequence within the section amended. 1. The low frequency range procedures prescribed in § 609.6 are amended to tfead in part:

L F R Standabd Instbument A ppboach P bocedubb Bearings, headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. ■ If an LFR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude (s) shall correspond with those established for en route operation in the particular area or as set forth below.

Celling an d visibility rninimums UE AD REGULATIONS AND RULES City and State; airport name, Procedure turn (—) side of Minimum If visual contact not established at author­ elevation; facility: class and Initial approach to facility Course Minimum final ap p ro ach course altitude over Course and Type aircraft ized landing minimums after passing and dis­ altitude (outbound and inbound); facility on distance, 4 facility within distance specified, or if identification; procedure No.; from— final approach facility to effective date tance (it.) altitudes; limiting dis­ Condition landing not accomplished tances course (ft.) airport 75 m. p. h. More than or less 75 m. p. h.

i 2 3 4 5 6 7 8 9 10 11

HONOLULU, HAW An. Barbers Point FM (final). 055-8 500 S side of SW course: 500 075-2.6 2engines or le 3S Within 2.6 miles, climb to 2,000' on S course Honolulu International Alr- 235° outbound. *T-dn 400-1 400-1 (169°) and proceed to Southgate Inter­ Dort, 10'. 055° inbound. C-dn 500-1 500-1 section. iSBRAZ HNL. 2,000' within 25 miles. S-dn 8 500-1 500-1 ♦All takeoffs to NW (32) will be restricted to Procedure No. 1; A-dn 800-2 800-2 600-2, with left-hand turn recommended. Effective: October 8,1955. Aib Cabeieb N ote: Sliding scale not Amendment 0-9. Moi e than 2 eng nes authorized. Supersedes Amendment 0-8, *T-dn 400-1 ^Landings on Runway 14 restricted to 600-2. dated June 25, 1955. #C-dn 500-1*4 Major changes: Increase mini­ S-dn 8 500-1 ma for straight-in approaches. A-dn 800-2 Increase circling minima 75 miles per hour or less.

SPOKANE, WASH. ' Instrument approach to be onducted n accordai ice with standard instrument approach procedure—USAF, as 2engines or le 3S Fairchild Air Force Base, contained in current USC & GS char ; AL 553 range. T-dn 300-1 300-1 2,450'. C-d 1,000-1 1,000-1 SBRAZ-GEG. C-n 1,000-2 1,000-1 Procedure No. 1. A-dn 1,000-2 1,000-2 Original. Effective: October 8, 1955. Mo 'e than 2 eng hes T-dn 200-)4 C-d 1.000- 1)4 C-n 1.000- 2 A-dn 1,000-2 2. The automatic direction finding procedures prescribed in § 609.8 are amended to read in part: 1955 14, September Wednesday, ADF Standard Instrument Approach P rocedure Bearings hayings and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. If an AD’f instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below.

Ceiling and visibility minimums Procedure turn (—) side oi Minimum City and State; airport name, Course and If visual contact not established at author­ Course Minimum final approach course altitude over distance, Type aircraft ized landing minimums after passing elevation; facility: class and Initia lapproach to facility and dis­ altitude (outbound and inbound); facility on identification; procedure No.;' from— facility to air­ facility within distance specified, or if tance (ft.) altitudes; limiting dis­ final approach port Condition landing not accomplished effective date tances course (ft.) 75 m. p. h. More than or less 75 m. p. h.

8 9 10

DALLAS, TEX. Dallas LFR. 176-rll 2,000 E side of course: 1,500 2engines or le ss Within 1.6 miles, turn right return to DCV Red Bird Airport, 642'. 150° outbound. T-dn 300-1 300-1 MHW climbing to 2,600'. MHW-DCV. Dallas VOR. 2,000 330° inbound. 6733 C-dn 500-1 500-1 Caution: 1,000' mean sea level REGISTER FEDERAL radio tower Procedure No. 1. 2,500' within 10 miles. A-dn NA NA located 2.5 miles S of airport. No weather Amendment—Original. Radar terminal area transition altitude: 2,000' service available. Air carrier use not Effective; October 8,1955. within 5 to 20 nautical miles. Radar control Mq :e than 2 eng ines authorized. must provide 3 nautical miles or 1,000' vertical ? [ot authorized separation, or 3 to 6 nautioal miles and 500' ver­ tical separation from radio towers, 1.108' mean sea level; 20 nautical miles N, 2,349' mean sea level, 16 nautical miles SSW, 1,230' mean sea level, 10 nautical miles WNW of airport.

3. The very high frequency omnirange procedures prescribed in § 609.9 (a) are amended to read in part:

VOR Standard Instrument Approach P rocedure Bearings,headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport .elevation. ■ If a VOR instrument approach is conducted at the below na iled airoort, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure authorizedbythe Administrator for Oivil A&roii&utics for such airport, initial approachos shall bs nui9 ovsr spGciSsd routos. Minim im altitudafs) shall correspond with those established for en route operation in the particular area or as set forth below.

Ceiling and visibility minimums Minimum Procedure turn (—) side oi altitude Course and If visual contact not established at author-, City and State: airport name, Course Mínimum final approach course elevation; facility: class and Initial approach to facility over facility distance, Types lrcraft ized landing minimums after passing fa­ and altitude (outbound and inbound); on final facility to cility within distance specified, or if land­ identification; procedure No.; from— distance (ft.) altitudes; limiting dis­ effective date approach airport Condition ing not accomplished tances course (ft.) » 75 m. p. h. More than or less 75 m. p. h.

1 2 3 4 5 6 7 8 9 10 11

DALLAS, TEX. Dallas L FR ...... 050—12 2,000 E side of course: 1,400 148-1.8 2engines or le 3S Within 1.8 miles, turn left, climb to 2,000' and Garland Airport 614'. 328c outbound. T-d 300-1 300-1 return to DAL VOR. No weather service BVOR-DAL. Radar terminal area transi ;lon altitu de: 2,000' 148° inbound. C-d 600-1 500-1 available. Air carrier use not authorized. Procedure No. 1. within 5 to 20 nautical m les. Radi ir control 1.900' within 10 miles. A-d *NA NA Amendment—Original. must provide 3 nautical m .les or 1,00 0' vertical Beyond 10 miles not au Effective: October 8,1955. separation, or 3to5nautica miles and 500' verti- tborized. Mo e than 2 eng ties cal separation from radio towers, 1, 08' mean Tot authorize 1 sea level; 20 nautical miles N. 2,349' mean sea sea level; 16 nautioal miles 38W, 1,230' mean sea level, 10 nautical miles WNW of airpoi•t. DALLAS, TEX. Dallas L FR ...... 050—12 2,000 E side of course: 1,500 284—5.0 2engines or le ss Within 5 miles, turn right return to DAL Highland Park, 524'. 104° outbound. T-dn 300-1 300-1 VOR, climbing to 2,000'. No weather BVOR-DAL. Radar terminal area transi tion altitu de: 2,000' 284° Inbound. C-dn 500-1 600-1 service available. Air carrier use not procedure No. 1. within 5 to 20 nautical m les. Rad:ir control 2,000' within 10 miles. A-dn NA NA authorized. Amendment—Original. must provide a nautical mues or l.uuir vertical Effective; October 8,1955. separation, or 3 to 6 nautical miles and 500' More than 2 engines no; authorized vertical separation from radio towers, 1,108' mean sea ievel, 20 nautioal miles N, 2,349' mean sea level, 16 nautical miles SSW, 1,230' mean sea level, 10 nautical miles WNW of airport. VOR Standard Instrument Approach P rocedure—Continued 6734

Ceiling an d visibility rninimums , Minimum City and State; airport name, Procedure turn (—) side of Course Minimum final approach course altitude Course and If visual contact not established at author­ elevation; facility: class and Initial approach to facility over facility distance, Types ircraft ized landing minimums after passing fa­ identification; procedure No.; from— and altitude (outbound and inbound); distance altitudes; limiting dis­ on final facility to cility within distance specified, or if land­ effective date (ft.) approach airport Condition ing not accomplished tances course (ft.) 75 m. p. h. More than or less 75 m. p. b.

1 2 3 4 5 6 7 8 9 10 11

GREENWOOD, MISS. Greenwood L FR ...... 248-7.0 1,400 S side of course: - 800 060-5.0 2engines or le ss Within 5 miles, climb to 1,700' on radial 060° Municipal, 129'. 240° outbound. T-dn 300-1 300-1 within 25 miles. BVOR-GRW. 060° inbound. C-dn 500-1 500-1 Procedure No. 1. 1,300' within 10 miles. A-dn 800-2 800-2 Amendment—Original. Effective: October 8,1955. Moi e than 2 engines Commissioning of facility. T-dn 200-JS C-dn 500-1Ï4 A-dn 800-2

HONOLULU, HAWAII. Intersection bearing 127° to 230—29 6,000 S side of course: 1,000 078—5.5 2engines or le SS Within 5.5 miles, climb to 2,000' on course Honolulu International Air- Lanai VOR and bearing 235° outbound. *T-dn 400-1 400-1 168° and proceed to Soutngate Intersec­ ' port, 10'. 230° to HNL VOR (Ka­ 055° inbound. C-dn 500-1 500-1 tion. (Intersection SE course Port Allen BVOR HNL. neohe Intersection). 2,000' within 25 miles. S-dn 8 500-1 500-1 LFR and bearing 348° to HNL VOR). Procedure No. 1. A-dn 800-2 800-2 •AH takeoffs to NW (32) will be restricted Effective: October 8, 1955. Intersection SE course Port 348—18 5,000 to 600-2, with left-hand turn recom­ Amendment 0-6. Allen LFR and bearing Mo e than 2 eng nes mended.

Supersedes Amendment 5, 348° to HNL VOR (South- •T-dn 400-1 Air Carrier N ote: Sliding scale not au­ REGULATIONS AND RULES dated June 18, 1955. gate Intersection). #C-dn 500-114 thorized. Major changes: Increase min­ S-dn 8 500-1 ¿Landings on Runway 14 restricted to 600-2. ima for straight-in ap­ Intersection SE course Port 055—17 2,000 A-dn 800-2 proaches. Increase circling Allen LFR and bearing minima 75 miles per hour or 055° to HNL VOR (Makai less. Intersection). Barbers Point FM (final)... 055—5 1,000 Honolulu L FR ______261—3.0 2,000 MORRISTOWN, N. J. Newark LOM______345—18 2,000 E side of course: 1,500 215—3.4 2engines or le ss Climb on course of 215° to 1,000'. Make a Morristown, 187'. 035° outbound. T-dn 300-1 300-1 left climbing turn and return to Caldwell BVOR-DTXV CDW. Paterson MHW______252—14 2,000 215° inbound. C-dn 800-1 800-1 Omni at 2,000'. Procedure No. 1. 2,000' within 10 miles. A-dn 800-2 800-2 Amendment—Original. Yonkers Intersection 279-23 2,100 All turns will be made on Effective date: October 8,1955. E side of course. High Moi e than 2 eng ines Chatham MHW______030—8 2,000 terrain on W side of T-dn 200-14 course. C-dn 800-1y% A-dn 800-2 4. The very high frequency omnirange procedures prescribed in § 609.9 (b) are amended to read in part: 1955 14, September Wednesday, TVOR Standard I nstrument Approach P rocedure Bearings, headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. If a TVOR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude (s) shall correspond with those established for en route operation in the particular area or as set forth below.

Course and Ceiling an d visibility rainimums • distance from int. Minimum runway Type lireraft City and State; airport name, Course Mini­ Procedure turn (—) side of altitude , i center line elevation; facility: class and Initial approach to facility and dis­ mum al­ fina! approach course (out­ over facility extended If visual contact not established at TVOR, identification; Procedure No. from—/ tance titude bound and inbound); al­ on final and final , or if landing not accomplished (TVOR); effective date (ft.) titudes; limiting distances approach course to Condition course (ft.) approach 75 m. p. h. More than end of run­ or less 75 m. p. h. way

1 ' ' 2 3 4 5 6 7 8 9 10 11

CHICAGO, ILL. API-VOR.t...... 085—18.0 2,300 W side of course: Columbus Park 177°—0.6 2engines or le 3 S Climb to 2,000' proceed to Oak Lawn inter­ Midway, 618'. 005° outbound. intersection or T-dn i 300-1 300-1 section # or when directed by ATC: (1) CHI-TVOR. CGT-VOR 330—21.0 2,300 185® inbound. radar fix 1,500' From Colum­ C-b 6Ò0-1 600-1 Make left turn, proceed to Lakeshore in­ TVOR-18R. 2,000' Within 15 miles. bus Park Inter­ C-n 600-1J4 600-1)4 tersection at 2,500'; (2). make right turn, Effective date: October 8,1955. CH t-LFR...... I...... 158—2.6 2,000 section or radar S-dn 18 R 600-1 600-1 proceed to Downers Grove intersection at Amendment 0-1. fix to CHI snn-9 800-2 2,500'; (3) proceed to Momence intersection Supersedes original, dated Radar transitions altitudes -2,500 TVOR • , at 2,000'. March 15,1955. by sector: from 185° clock­ 185°—5.0 Mo -e than 2 eng hes •Columbus Park intersection. Intersection Major changes: Minimums wise, through 360° to 60° T-dn 200-)4 CHI-TVOR605R and API-VOR 070R. witbin 20 nautical miles. C-dn 600-1)4 #Oak Lawn intersection. Intersection

raised due to 904' stacks NE REGISTER FEDERAL of airport. From 60° clockwise through 2,000 S-dn 18 R 600-1 165 R CHI-TVOR and 100R API- 180° to 185° within 20 nau­ A-dn 800-2 VOR, tical miles. Pual omni receiver required unless' radar fix obtainable. ROANOKE, VA. Red Hffl FM (final)...... 349—11 *2,700 E side of 8 course: 4,600 over No straight*in All aircraft Within ,8 miles after passing Red Hill FM Woodrum Field, 1,174'. 169° outbound. Red Hill FM landing #T-dn 1,000-2 1,000-2 climb to 5,000' on course of 349° within TVOR-ROA. 349° inbound. minimums C-d 1.500- 2 1, 500-2 15 miles of TVOR, maintaining at least TVOR-35. 4,600' within 10 miles of 2,700 after authorized #C-n; 2.000-2 2,000-2 5QQ' per minimum rate of climb. Return Effective date: October 8,1955. Red Hill FM. passing Red #A-dn 2.500- 2 2,500-2 to R0A TVOR at 5,000', or if unable to Amendment—Original, Hill FM* maintain 600' per m i n i m u m rate of climb, notify ATC and make right climbing turn, elimbing to 5,000' on course of 169°. ♦After passing Red Hill FM, descend to authorized minimums. #Take-ofls on Runway 33 and landings on Runway 15 not authorized at night for air carrier aircraft. 6735 5. The instrument landing system procedures prescribed in § 609.11 are amended to read in part: 6736

ILS Standard I nstrument Approach P rocedure Bearings,^headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. . “ an IDS instrument approach is conducted at the_ helow named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude (s) shall correspond with those established for en route operation in the particular area or as set forth below:

Transition to ILS Altitude of glide slope Ceiling and visibility minimums Procedure turn and distance to ap­ City and State; airport (—) side of final Minimum alti­ proach end of runway name, elevation; facility : approach course tude at glide at— Type aircraft If visual contact not established class and identification; Mini­ (outbound and slope intercep­ upon descent to authorized land- procedure No.; effective Course *ing minimums or if landing not From— To— and dis­ mum al­ inbound); alti­ tion inbound Condition date titudes tudes; limiting (ft.) More accomplished tance (ft.) distances Outer marker Middle 75m.p.h. than 75 marker or less m. p. h.

1 2 3 4 5 7 8 9 10 11 12 13

PORT WORTH, TEX. Dallas LFR_.______LOM. 282—16 2,200 N side of îjTW ILS 2,000 2,000-5.3 770-0.6 2 engines or less Proceed to Hensley Intersection, Amon Carter, 56?'. course: T-dn 300-1 300-1 climbing i to 2,000' or, within 5.3 ILS-IACF. Grand Prairie MHW. LOM. 330—12 2,000 309° outbound. ADF 2,000 C-dn . 400-1 500-1 miles LOM (ADF) turn right, LOM-AC. 129° inbound. over LOM proceed to Grand Prairie MHW Combination ILS & Stadium Intersection. LOM. 040—20 2,700 2,000' within 10 S-dn 13 climbing to 2,000'. ADF. miles.* ILS 20043 20043 Caution: Radio tower 1,221' mean Procedure No. 1. Fort Worth VOR___ OM_. 069—23 2,000 sea level Ideated 5 miles ENE Amendment 4. , ADF 400-1 400-1 of outer marker. 400-% re­ Effective: October 8, quired when glide slope not 1955. More than 2 eng nes utilized. AND RULES Supersedes Amendment T-dn 20043 ♦Procedure turn nonstandard due 3, dated July 24, 1954. C-dn SOO-lj-3 ATC. Major changes: Revise transitions. S-dn 13 Revise missed ap­ ILS 20043 proach procedures. ADF 400-1 All aircraft A-dn 99 ILS 600-2 m O ADF 800-2 C Wednesday 6. T h e ground controlled approach procedures prescribed in § 609.13 are amended to read in part: • GOA Standard Instrument Approach P rqcedure Bearings, Headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in leet above airport elevation. If a GOA instrument approach is conducted at the below named airport, it shall be in accordance with the'following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below, positive Identification must be established with the ground controller. Froin initial contact with GOA to final authorized landing minimums, the instructions of the GOA controller are mandatory except when (A)

visual reference with ground is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to “discontinue the approach, , etme 1, 1955 14, September Ceiling and visibility minimums Except when the groifnd controller may direct otherwise prior to fined approach, a missed ap­ proach procedure shall be executed as provided Radar'terminai area; maneuvering altitudes by Precision approach Surveillance approach below when (a) communication on final approach City and State; airport name, elevation; effective (PAR) (ASR) is lost for more than 5 seconds; (b) directed by date sectors and limiting distances ground controller; (c) visual reference is not es­ Runway No. Condition tablished upon descent to the authorized land­ 75 m. p. h. More than 75 m. p. h, More than ing minimums;- or (d) landing is not accom­ or less 75 m. p. h. or less 75 m. p. h. plished.

1 2 3 4 5 6 7 8 9

KNOXVILLE, TENN. All bearings are from the radar with sector azi­ All:...... 2 engine 6737 s or less For Runways 18 and 22R proceed REGISTERto FEDERAL LOM, climb- McGhee-Tyson 989'. muths progressing clockwise and distance in 18, 4L, 22R-... T-dn 300-1 300-1 ■ ing to 2,300'. For runway 4L proceed to LFR Procedure No. 1. nautical miles, 18, ALj^R-... C^d '500-1 600-1 or VOR climbing to 3-,000' or when directed by Amendment—Original. 18, 4L, 22R__ O n . -500-1H 500-lH ATC climb to 4.000' on NE (063) course-LFR Effective: October 8, 1955. Within 5 nautical miles: 0o-3G0p 2,500'. A-dn 800-2 8Q0-2 or radial 847° within 25 miles. Commissioning of facility. Within 5-10 nautical miles: Caution: Prohibited area NW and high terrain 180°-090° 2,500'. More than 2 engines r SE. 091°-179° 4,000'. ï All___ iZCiJ. T-dn 200-H Within 10-25 nautical tniles: IS, 4L, 22R„~ C-dn m - iH 205°-280° 3,500'. 18, 4L, 22Rr__ A-dn 800-2 281°-354° not authorized. 355°-070° 3,100'. Q71°-2Q4° 6,600'.

These procedures shall become effective on the dates indicated in Column 1 of the procedures. (Sec. 206, 62 Stat. 984, as amended; 49 U, S, C. 425. Interpret or apply sec. 601, 52 Stat, 1007, as amended; 49 U. S. C. 551 ) [seal] n S. A. K emp, Acting Administrator of Civil Aeronautics. [F. R. Doc, 55-7199; Filed, Sept 13, 1855; 8:45 a. m.]

TITLE 16— COMMERCIAL § 13.1740 Scientific or other relevant there is any difference in the loss of chlorine, silicon, sulphur, magnesium in facts. Subpart—Offering unfair, im­ vitamins or minerals in food cooked in vegetables, fluorine, nitrogen, potassium, PRACTICES proper and deceptive inducements to respondents’ utensils as compared with oxygen, hydrogen, and carbon have vari­ Chapter I— Federal Trade Commission purchase or deal: § 13.2063 Scientific or food cooked in vessels made of other ous specific beneficial effects, as in said other relevant facts. In connection with material; (5) that potatoes cooked by order attributed to them; and that any of [Docket 6294] the offering for sale, sale, or distribution the method advocated by respondents these elements or any other elements are P art 13—Digest of Cease and Desist in ’commerce, of cooking utensils made are not fattening; (6) that the produc­ of greater value to the body than they ac­ Orders of stainless steel or any other product of i tion of odors from food while it is being tually are; (11) that green vegetables, no substantially similar composition, design, cooked indicates a loss of vitamins', min­ matter how cooked, can supply sufficient AMERICAN STAINLESS KITCHEN CO., INC. construction, or purpose, representing di­ erals usable by the body or food values; iron to effectively treat an existing case ET AL. rectly or by implication: (1) That the (7) that silicon is essential for human of anemia; (12) that a deficiency of Subpart—Advertising falsely or mis­ preparation of, the cooking of, or the nutrition cr health; (8) that calcium, magnesium in the body can be caused leadingly: § 13.20 Comparative data or keeping of food in aluminum utensils. sodium, phosphorus, iodine, manganese, by the improper preparation of vege­ merits; § 13.25 Competitors’ and their causes the formation of poisons; (2) iron, chlorine, silicon, sulphur, magne­ tables; (13) that eating food cooked in products: Competitors’ Products; § 13.170 that foods prepared in. cooked in. or sium, fluorine, potassium, oxygen, nitro­ respondents’ utensils will help overcome Qualities or properties of product or kept in aluminum utensils are detrimen­ gen, hydrogen, or carbon in food a^e par­ decayed teeth, defective vision, diseased service; § 13*205 Scientific or other rele­ tal or hazardous to the health of the tially destroyed by boiling or any other tonsils, erilarged arteries, and numerous vant facts. Subpart—Disparaging com­ user; (3) that the use of respondents’ method of cooking; (9) that most ail­ other ailments and conditions, as in said petitors and their products—Competi­ cooking utensils will promote or insure ments are due to the lack of some ele­ order set out; (14) that any significant tors’ Products: § 13.1000 Performance: better health or is necessary to health; ment in the diet; (10) that when taken percentage of surgical operations may § 13.1010 Qualities or properties; (4) that there is no loss of vitamins or into the human system as a part of the be prevented by diet; (15) that less food § 13.1025 Safety. Subpart—Misrepre­ minerals in food when cooked in re­ food we eat: calcium protects against tu­ i3 required to satisfy the appetite when senting oneself and goods—Goods: spondents’ utensils and by the method berculosis; sodium is a protection against it is cooked by respondents’ methods § 13.1575 Compatative data or merits: recommended by respondents; or that gallstones, lowered energy, or acidity; than when cooked by other methods, or § 13.1710 Qualities or properties: when such method of cooking is employed and that phosphorus, manganese, iodine, that the amount of food needed to satisfy 6738 RULES AND REGULATIONS

the appetite depends on the nutrient that said respondent Prank W. Ladky bution in commerce, as “commerce” is value of the food; and (16) that'when had not been an officer of the corporate defined in the Federal Trade Commis­ coffee is made in respondents' coffee respondent since November 16,1953, and sion Act, of cooking utensils made of maker no tannic acid or caffeine is ex­ that during the period when he was an stainless steel or any other product of tracted; prohibited. officer thereof, said respondent had no substantially similar composition, de­ (Sec. 6, 38 Stat. 721; 15 U. S. C. 40. Interpret connection with its sales policy, and sign, construction or purpose, do forth­ or apply sec. 5, 38 Stat. 719, as amended; 15 counsel supporting the complaint, in a with cease and desist from representing U. S. C. 45) [Cease and desist order, Amer­ memorandum dated June 8, 1955, trans­ directly or by implication: ican Stainless Kitchen Company, Inc. (Mil­ mitting to the hearing examiner the 1. That the preparation of, the cook­ waukee, Wis.) et al., Docket 6294, August agreement for consent order in the ing of, or the keeping of food in alu­ 3, 1955] matter and the above-mentioned affi­ minum utensils causes the formation of In the Matter of American Stainless davit of Wesley A. Ryan, advised said poisons; Kitchen Company, Inc., a Corporation, hearing examiner that he had no ob­ 2. That foods prepared in, cooked in, Wesley A. Ryan, Frank W. Ladky and jection to a dismissal of the complaint or kept in aluminum utensils are detri­ Randall G. Taylor, Individually and as to the respondent Prank W. Ladky, mental or hazardous to the health of the as Officers of Said Corporation based on the statements appearing in user; said affidavit. 3. That the use of respondents’ cook­ This proceeding was heard by John As regards the other respect in which ing utensils will promote or insure better Lewis, hearing examiner, upon the com­ the order agreed upon differed from the health or is necessary to health; plaint of the Commission which charged order contained in the “Notice” portion 4. That there is no loss of vitamins or respondent corporation, and respondent of the complaint, namely, in that there minerals in food when cooked in re­ Wesley A. Ryan, Prank W. Ladky, and was a slight modification in paragraph spondents’ utensils and by the method Randall G. Taylor, individually and as “6” of the order, counsel supporting the recommended by respondents; or that officers of said corporation, with the use complaint further advised said hearing when such method of cooking is em­ of unfair methods of competition and examiner in his said memorandum of ployed there is any difference in the loss unfair and deceptive acts and practices transmittal that the change in para­ of vitamins or minerals in food cooked in commerce, through making false graph “6” of the order by the insertion in respondents’ utensils as compared claims for their stainless steel cooking of the words “usable by the body” fol­ with food cooked in vessels made of utensils, and through disparaging com­ lowing the word “minerals” was made in other material; petitive aluminum products, and upon order to conform said order to the facts. 5. That potatoes cooked by the an agreement entered into by respon­ Thereafter the aforesaid proceeding method advocated by respondents are dents with counsel supporting the com­ having come on for final consideration not fattening; plaint, which was signed by said counsel by said hearing examiner on the com­ 6. That the production of odors from and by all the respondents except re­ plaint and the aforesaid agreement for fpod while it is being cooked indicates spondent Prank W. Ladky, was approved consent order and accompanying affi­ a loss of vitamins, minerals usable by by the Director and Assistant Director of davit of Wesley A. Ryan, said hearing the body or food values; the Commission’s Bureau of Litigation, examiner made his initial decision in 7. That silicon is essential for human and was submitted to said hearing which he set forth the aforesaid matters; nutrition or health; examiner, theretofore duly designated and that being satisfied, on the basis of 8. That calcium, sodium, phosphorus, by the Commission, for his consideration the statements made in said affidavit iodine, manganese, iron, chlorine, sili­ in accordance with § 3.25 of the Com­ and in the transmittal memorandum con, sulphur, magnesium, fluorine, po­ mission’s Rules of Practice. of counsel supporting the complaint, that tassium, oxygen, nitrogen, hydrogen or By said agreement, it was provided the aforesaid agreement for consent or­ carbon in food are partially destroyed that respondents admitted all the juris­ der provided for an appropriate dispo­ by boiling or any other method of dictional allegations of the complaint sition of the proceeding, the said agree­ cooking; and agreed that the record in the matter ment and accompanying affidavit were 9. That most ailments are due to the might be taken as if the Commission had accepted and ordered filed by him; and lack of some element in the diet; made findings of jurisdictional facts in in which he made certain jurisdictional 10. That when taken into the human accordance with such allegations; that findings, including findings as to said all parties expressly waived a hearing system as a part of the food we eat: respondents, and findings that the Com­ (a) Calcium protects against tuber­ before the hearing examiner or the Com­ mission had jurisdiction of the subject mission, and all further and other pro­ culosis; matter of the proceeding and of the (b) Sodium is a protection against cedure to which the respondents might aforesaid respondents, that the com­ be entitled under the Federal Trade gallstones, lowered energy or acidity; plaint stated a cause of action against (c) Phosphorus protects against im­ Commission Act or the Rules of Practice them under the Federal Trade Commis­ of the Commission ; that respondents also sion Act, and that the proceeding was in paired eyesight, nervous disorders or a agreed that the order to cease and desist the interest of the public; and in which dull mind; issued in accordance with said agree­ he issued his order, including order to (d) Manganese protects against a ment for consent order should have the cease and desist, and order of dismissal confused mind or weak tissues; same force and effect as if made after a, as to respondent Prank W. Ladky. (e) Iodine is a protection against wrinkled skin; full hearing, and specifically waived any Thereafter said initial decision, in­ and all right, power, or privilege to chal­ (f) Chlorine protects the gums against cluding said order, as announced and pyorrhea or the body against blood or lenge or contest the validity of said decreed by “Decision of the Commission order; and that the complaint in the liver trouble; and Order to Pile Report of Compli­ (g) Silicon is essential as a preventive matter might be used in construing the ance”, dated August 3, 1955, became, on terms of the order provided for in said said date, pursuant to § 3.21 of the Com­ for decaying teeth or baldness; agreement, and that the signing of said mission’s Rules of- Practice, the decision (h) Sulphur is a protection against agreement was for settlement purposes of the Commission. poor digestion, blood or skin diseases; only and did not constitute an admission Said order to cease and desist is as (i) Magnesium in vegetables is a natu­ by respondents that they had violated follows : ral laxative, or protects against stiff the law as alleged in the complaint. joints or stiff muscles; As respects the elimination from the It is ordered, That the respondent (j) Fluorine protects against tubercu­ order contained in the “Notice” portion American Stainless Kitchen Company, losis, weak eyes or bladder trouble; of the complaint, of the name of re­ Inc., a corporation, and its officers, and (k) Nitrogen is a preventive against respondents Wesley A. Ryan and Ran­ weak tissue; spondent Prank W. Ladky in the order dall G. Taylor, individually and as offi­ (l) Potassium wards off constipation; agreed upon by the parties, it appeared cers of said corporation, and respond­ (m) Oxygen protects the body against that there was submitted to the hearing ents’ agents, representatives, employees lowered vitality; examiner an affidavit sworn to by re­ and distributors, directly or through any (n) Hydrogen protects against poor spondent Wesley A. Ryan, president of corporate or other device, in connection circulation or congestion or inflamma­ the corporate respondent, to the effect with the offering for sale, sale or distri­ tion; Wednesday, September 14, 1955 FEDERAL REGISTER 6739

(o) Carbon protects against poor body (11) One Staff Assistant-Program Subpart B— Definitions heat or lack of energy ; or that Appraisal. Sec. 179.10 Meaning of terms. (p) Any of these elements or any other (R. S. 1753, sec. 2, 22 Stat. 403; 5 TJ. S. C. elements are of greater value to the body 179.11 Any other weapon. 631, 633; E. O. 10440, 18 F. R. 1823, 3 CFR, 179.12 Assistant Regional Commissioner. than they actually are; 1953 Supp.) 179.13 Commissioner. 11. That green vegetables, no matter 179.14 Corporation. how cooked, can supply sufficient iron to United States Civil Serv­ ice Commission, 179.15 D ealer^ effectively treat an existing case of 179.16 D irector. [seal] Wm. C. H ull, anemia; 179.17 District Director. 12. That a deficiency of magnesium in , Executive Assistant. 179.18 Exportation. E xporter. the body can be caused by the improper [F. R. Doc. 55-7425; Filed, Sept. 13, 1955; 179.19 179.20 Firearm. 8:53 a. m ] preparation of vegetables; 179.21 Fixed ammunition. 13. That eating food cooked in re­ 179.22 Im p o rta tio n . spondents’ utensils will help overcome 179.23 Importer. decayed teeth, defective vision, diseased TITLE 26— INTERNAL REVENUE, 179.24 Includes and Including. tonsils, enlarged arteries, enlarged an­ 179.25 Insular possessions. terior cervical glands, goiter, defective 1954 179.26 I. R. C. hearing, heart defects, overweight, un­ 179.27 Interstate commerce. derweight, calluses, boils, catarrh, lum­ Chapter I— Internal Revenue Service, 179.28 Machine gun. bago, jaundice, sour stomach, influenza, Department of the Treasury 179.29 Making of a firearm. heartburn, bad hearing, carbuncles, 179.30 Manufacturer. Subchapter E— Alcohol, Tobacco, and Other 179.31 Muflier or silencer. eczema, poor eyesight, biliousness, neu­ 179.32 P a rtn e r. Excise Taxes ralgia, rheumatism, diabetes, kidney 179.33 Partnership. trouble, constipation, gallstones, nerv­ Part 179—Machine Guns and Certain 179.34 P erso n . ousness, rifting, bad teeth, pimples, tired Other Firearms 179.35 Pistol. feeling, backache, indigestion, dizziness, 179.36 Regional Commissioner. On June 18, 1955, a notice of proposed 179.37 Revolver. weakness, baldness, colds, ulcers, cancer, 179.38 Rifle. laryngitis, bronchitis, arthritis, neuritis, rule making with respect to regulations 179.39 Secretary. appendicitis or tonsillitis; designated as Part 179 of Title 26 (1954) 179.40 Shotgun. 14. That any significant percentage of of the Code of Federal Regulations was 179.41 T axpayer. surgical operations may be prevented by published in the F ederal R egister (20 179.42 To transfer or transferred. diet; F. R. 4294). The purposes of the pro­ 179.43 United States. 15. That less food is required to posal were to adopt Part 319 of Sub­ 179.44 U. S. C. chapter C of Title 26 of the 1939 Code satisfy the appetite when it is cooked by Subpart C— Special (Occupational) Taxes respondents’ methods than when cooked of Federal Regulations as Part 179 of by other methods, or that the amount Title26 of the 1954 Code of Federal Regu­ PA Y M EN T O P TAX of food needed to satisfy the appetite lations and amend such adopted regula­ depends on the nutrient value of the tions: (1) To correct obvious errors or 179.50 Geographical scope of tax. omissions in regulations to be super­ 179.51 Rates of tax. food; 179.52 Registry, return, and payment of 16. That when coffee is made in re­ seded; (2) to delete internal manage­ tax . spondents’ coffee maker no tannic acid ment material which will be incorporated 179.53 Tax payment evidenced by special or caffeine is extracted. in the Internal Revenue Manual; (3) to ta x sta m p . It is further ordered That the com­ amend certain definitions and. add 179.54 Special tax stamp to be posted. plaint be, and the same hereby is, dis­ others; and (4) to effect minor changes 179.55 Certificates in lieu of stamps lost or missed as to the respondent. Prank W. in regulations, not previously amended destroyed. by Treasury decisions, to conform to the 179.56 Several places of business. Ladky. 179.57 Dual occupations incur dual tax By said “Decision of the Commission”, Internal Revenue Code of 1954. liab ility . etc., report of compliance was required No dgta, views, or arguments pertaining 179.58 Partnership liability. as follows: thereto having been received within the 179.59 Single sale. It is ordered, That the respondents period of 30 days from the date of publi­ CHANGE OP OWNERSHIP American Stainless Kitchen Company, cation of said notice, the regulations so Inc., a corporation, and Wesley A. Ryan published are hereby adopted as set forth 179.60 Changes through death of owner. and Randall G. Taylor, individually and below. 179.61 Changes through bankruptcy of as officers of said corporation, shall with­ ow ner. in sixty (60) days after service upon them [seal] T. Coleman Andrews, 179.62 Change in firm. of this order, file with the Commission Commissioner of Internal Revenue. 179.63 Change in corporation. a report in writing, setting forth in de­ Approved: September 9, 1955. CHANGE OP BUSINESS LOCATION tail the manner and form in which they 179.64 Notice by taxpayer. have complied with the order to cease H. Chapman R ose, and desist. Acting Secretary of the Treasury. PENALTIES Issued: August 3, 1955. Preamble. 1. These regulations, 26 179.65 Failure to pay special tax. 179.66 Failure to register change or re­ By the Commission. CFR Part 179, “Machine Guns and Cer­ m oval. tain Other Firearms” supersede Regula­ [seal] R obert M. P arrish, 179.67 Delinquency. tions 88, 1952 edition (26 CFR Part 319, 179.68 Fraudulent return. Secretary. 17 F. R. 7842), and are promulgated in [F. R. Doc. 55-7383; Filed, Sept. 13, 1955; order to implement the Internal Revenue APPLICATION OF STATE LAWS 8:45 a. m.] Code of 1954. 179.69 State regulations. 2. These regulations shall not affect RECORD OP SPECIAL TAXPAYERS FOR PUBLIC TITLE 5— ADMINISTRATIVE any act done or any liability or right ac­ INSPECTION cruing, or accrued, or any suit or pro­ 179.70 Record 10. PERSONNEL ceeding had or commenced before the Chapter I— Civil Service Commission effective date of these regulations. Subpart D— Tax on Making Firearms 3. These regulations shall be effec­ Part 6—Exceptions F rom the 179.75 Scope of tax. tive on the first day of the first month 179.76 Rate of tax. Competitive Service which begins not less than 30 days fol­ department of agriculture lowing the date of publication in the DECLARATION OP INTENT TO MAKE A FIREARM Effective upon publication in the F ed­ F ederal R egister 179.77 Written declaration. erai. Register, paragraph (a) (11) is 179.78 Identification of declarant. Subpart A— Scope of Regulations 179.79 Procedure for approval a t d e c la ra ­ added to § 6.311 as set out below. See. tio n . § 6.311 Department of Agriculture— 179.1 Persons subject to taxes. 179.80 Subsequent transfer of firearms. (a) Office of the Secretary. * * * 179.2 Other laws applicable. 179.81. Cancellation of stamp. 6740 RULES AND REGULATIONS

EXCEPTIONS TO TAX ON MAKING FIREARMS Authority: §§ 179.1 to 179.195 issued them to the mass of things belonging to Sec. under 68A Stat. 917; 26 U. S. C. 7805. Inter­ some foreign country. 179.82 Registered manufacturers. pret or apply 68A Stat. 726; 26 U. S. C. 5847. 179.83 Altering a firearm which, has pre­ Other statutory provisions interpreted or § 179.19 Exporter. “Exporter” shall viously been taxed. applied are cited to text in parentheses. mean any person who exports firearms 179.84 Making a firearm for use of Govern­ SUBPART A— SCOPE OF REGULATIONS from the United States. m ent agencies, peace officers and Federal officers. § 179.1 Persons subject to taxes. § 179.20 Firearm. “Firearm” shall This part contains the procedural and mean a shotgun or rifle having a barrel Subpart E— Transfer Tax substantive requirements relative to: of less than eighteen inches in length, 179.95 Scope of tax. (a) The special taxes imposed by or any other weapon, except a pistol or 179.96 Rate of tax. Chapter 53 of the Internal Revenue Code revolver, from which a shot is discharged 179.97 Transfer tax in addition to import by an explosive if such weapon is capable d u ty . of 1954, on manufacturers and importers of, and dealers (including pawnbrokers) of being concealed on the person, or a APPLICATION AND ORDER FOR TRANSFER OF in, certain firearms, including machine machine gun, and includes a muffler or FIREARM guns arid silencers or mufflers; silencer for any firearm whether or not 179.98 Written application and order re­ (b) The stamp tax imposed by Chap­ such firearm is included within the fore­ quired for transfer of firearm. ter 53 of the Internal Revenue Code of going definition, but does not include any 179.99 Identification of applicant. 1954, on the transfer of such firearms; rifle which is within the foregoing pro­ 179.100 Requirements for approval of ap­ and visions solely by reason of the length of plication and order for transfer. (c) The stamp tax imposed by Chap­ its barrel if the caliber of such rifle is .22 179.101 Subsequent transfer of firearm. or smaller and if its barrel is sixteen 179.102 Cancellation of stamp. ter 53 of the Internal Revenue Code of 1954, on the making of such firearms inches or more in length. CONCERNING EXEMPTIONS FROM TRANSFER TAX (other than by qualified manufacturers). § 179.21 Fixed ammunition. “Fixed 179.103 Special-tax payers. § 179.2 Other laws applicable. Other ammunition” shall mean that self-con­ 179.104 Peace officers and Federal officers. tained unit consisting of the case, primer, 179.105 Notice of exemption. provisions of the internal revenue laws 179.106 Responsibility of transferor for ex­ are made applicable by section 5846 of propellant charge, and projectile or empt status of transferee. the Internal Revenue Code of 1954 to the projectiles. Subpart F— Registration and identification of taxes referred to in § 179.1. § 179.22 Importation. “Importation” Firearms shall mean the bringing of a firearm SUBPART B—-DEFINITIONS within the limits of the United States 179.120 Application for registration of fire­ arm . § 179.10 Meaning of terms. As used or any territory under its control or 179.121 Identification of firearms. in this part, unless the context otherwise jurisdiction, from a place outside thereof requires, terms shall have the meanings (whether, such place be a foreign coun­ Subpart G— Importation and Exportation ascribed in this subpart. ter or territory subject to the jurisdic­ IMPORTATION tion of the United States), with intent § 179.11 Any other weapon. “ An y to unlade. 179.130 Procedure. other weapon” shall mean any weapon 179.131 Importation into territory or pos­ or device capable of being concealed on § 179.23 Importer. “Importer” shall session. the person from which a shot can be mean any person who imports or brings 179.132 Tax on transfer of imported fire­ firearms into the United States for sale. arm . discharged through the energy of an explosive, but such term shall not include § 179.24 Includes and including. The EXPORTATION pistols or revolvers or weapons designed, terms “includes” and “including” when 179.133 Application and permit for ex­ made or intended to be fired from the used in a definition shall not be deemed portation of firearms. shoulder and not capable of being fired to exclude other things otherwise within 179.134 Action by Director, Alcohol and To­ with fixed ammunition. the meaning of the term defined. bacco Tax Division. 179.135 Procedure by exporter. § 179.12 Assistant Regional Commis­ § 179.25 Insular possessions. “In­ 179.136 Action by Customs. sioner. “Assistant Regional Commis­ sular possessions” shall mean the Pan­ 179.137 Proof of exportation. sioner” shall mean the A ssista n t ama Canal Zone, the Virgin Islands, 179.138 Refunds. Regional Commissioner, Alcohol and Guam, Commonwealth of Puerto Rico, 179.139 Insular possessions. Tobacco Tax, who is responsible to, and American Samoa, Wake, the Midway Subpart H— Records and Returns functions under, the direction and super­ Islands, and Palmyra. vision of the Regional Commissioner of 179.150 Records. Internal Revenue. § 179.26 I. R. C. “I. R. C.” shall mean 179.151 R e tu rn s. the Internal Revenue Code of 1954. § 179.13 Commissioner. “Commis­ Subpart I— Stolen or Lost Firearms or Documents sioner” shall mean the Commissioner of § 179.27 Interstate commerce. “Inter­ 179.155 Stolen or lost firearms. Internal Revenue. state commerce” shall mean transporta­ 179.156 Stolen or lost documents. tion from any State or Territory or Dis­ § 179.14 Corporation. “Corporation” trict, or any insular possession of the Subpart J— Examination of Books and Records shall include associations, joint-stock United States, to any other State or to 179.160 Failure to make returns; substitute companies, and insurance companies. the District of Columbia. re tu rn s . 179.161 Inspection of records. §179.15 Dealer. “Dealer” shall mean § 179.28 Machine gun. “Machine 179.162 Penalties (records and returns). any person not a manufacturer or im­ gun” shall mean any weapon which porter, engaged within the United States shoots, or is designed to shoot, automati­ Subpart K— Distribution and Sale of Stamps in the business of selling firearms. The cally or semiautomatically, more than 179.170 Orders for stamps. term “dealer” shall include wholesalers, one shot, without manual reloading, by 179.171 Stamps authorized. pawnbrokers, and dealers in used fire­ a single function of the trigger. 179.172 Reuse of stamps prohibited. arms. § 179.29 Making of a firearm. The Subpart L— Redemption of or Allowance for § 179.16 Director. “Director” shall “making of a firearm” shall mean the Stamps or Refunds mean the Director, Alcohol and Tobacco production or creation of a firearm by 179.180 Procedure for redemption of or Tax Division, Internal Revenue Service, any means, whether by manufacture, allowance for stamps. Treasury Department, Washington, D. C. putting together of parts, alteration, 179.181 R e fu n d s. any combination thereof, or otherwise, § 179.17 District Director. “District and by any process of manipulation or Subpart M— Penalties and Forfeitures Director” shall mean the District Direc­ transformation of any other weapon. 179.190 Penalties. tor of Internal Revenue. 179.191 Forfeitures. E xa m p les: (1) The sawing off of a barrel or § 179.18 Exportation. “Exportation” barrels of a shotgun to a length of less than Subpart N— Other Laws Applicable 18 inches, or (2) the altering of a semiauto­ shall mean the severance of goods from matic pistol by the change or addition of 179.195 Applicability of other provisions of the mass of things belonging to t h i s parts so as to produce a fully automatic or internal revenue laws. country with the intention of uniting machine gun type of firearm. Wednesday, September 14, 1955 FEDERAL REGISTER 6741 § 179.30 Manufacturer. “Manufac­ § 179.41 Taxpayer. “Taxpayer” shall the tax on or before the 1st day of July turer” shall mean any person who is en­ mean any person subject to a tax. of each year. The District Director will furnish the proper form, which must be gaged within the United States in the § 179.42 To transfer or transferred. manufacture of firearms, or who other­ filled out and verified under penalty of “To transfer” or “transferred” shall in­ perjury. Each return must show an in­ wise produces therein any firearm for clude to sell, assign, pledge, lease, loan, sale or disposition. dividual’s full name. A person doing give away, or otherwise dispose of. business under a style or trade name § 179.31 Muffler or silencer. “Muf­ § 179.43 United States. “United must give his own name, followed by his fler” or “silencer” shall mean any device States” shall mean the States, the Ter­ style or trade name. In the case of a for silencing or diminishing the report ritories of Alaska and Hawaii, and the copartnership, association, firm, or com­ of any portable weapon, such as a rifle, District of Columbia. pany, other than a corporation, its style carbine, pistol, revolver,"'machine gun, or trade name must be given, also the submachine gun, shotgun, fowling piece, § 179.44 U. S. C. “U. S. C.” shall name of each member and his place of or other device from which a shot, bullet, mean the United States Code. residence. In the case of a corporation, or projectile may be discharged by an SUBPART C— SPECIAL (OCCUPATIONAL) TAXES the came and title of each officer and explosive, and is not limited to mufflers PAYMENT OF TAX his place of residence must be shown. or silencers for “firearms” as defined. The exact type of business, whether § 179.32 Partner. “Partner” shall in­ § 179.50 Geographical scope of tax. manufacturer, importer, pawnbroker, or clude a member of a partnership, syndi­ Every person who engages in the business dealer other than pawnbroker, and the cate, group, pool, joint venture, or unin­ of importing, manufacturing, or dealing period for which special tax is due, must corporated organization. in firearms within the States of the be stated. United States, the Territories of Alaska § 179.33 Partnership. “Partnership” and Hawaii, and the District of Colum­ § 179.53 Tax payment evidenced "by shall include a syndicate, group, pool, bia. is required to pay a special tax on special tax stamp. Upon receipt of a joint venture, or other unincorporated such business. return on Form 11A (Firearms), accom­ organization, through or by means of panied by remittance of the full amount which any business, financial operation, § 179.51 Rates of tax. (a) The spe­ due, the District Director will issue a or venture is carried on, and which is not cial taxes are as follows: special tax stamp as evidence of pay­ Per ment of the special tax. a trust or estate or a corporation. year § 179.34 Person. “Person” shall be Class 1: Importers or manufacturers of § 179.54 Special tax stamp to be construed to mean and include a part­ firearms, except manufacturers in posted. Every current special tax stamp nership, company, association, or corpo­ class 2______$500 issued to a taxpayer must, under penalty ration, as well as a natural person. Class 2: Manufacturers of firearms of the law, be kept posted conspicuously whose production is limited to guns on the premises where the business is § 179.35 Pistol. “Pistol” shall mean with combination shotgun and rifle operated. a small projectile weapon having a short barrels, 12 inches or more but less one-hand stock or butt at an angle to than 18 inches in length, from which § 179.55 Certificates in lieu of stamps only a single discharge can be made lost or destroyed. When a special tax the line of the bore and a short barrel or from either barrel without manual barrels, designed, made and intended to reloading, or guns designed to be held stamp has been lost or destroyed, such be aimed and fired from one hand. The in one hand when fired and having a fact should be reported to the District term shall not include gadget devices, barrel 12 inches or more but less than Director at once for the purpose of ob­ guns altered or converted to resemble 18 inches in length, from which only taining from him a certificate of pay­ pistols, or small portable guns errone­ a single discharge can be made with­ ment in lieu of the lost or destroyed ously referred to as pistols, such as: Nazi out manual reloading, or guns of special tax stamp. Such certificate must belt buckle pistol, glove pistol, or one- b o th ty p e s___— ______]------^5 be posted in place of the stamp; other- Class 3: Pawnbrokers.___;______300 wise liability will be incurred for failure hand stock guns firing fixed shotgun or Class 4: Dealers, other than pawnbrok­ fixed rifle ammunition. ers, except those in class 5______200 to P°st the stamp. § 179.36 Regional Commissioner. Class 5: Dealers whose dealing in fire­ § 179.56 Several places of business. "Regional Commissioner” shall mean the arms is limited to guns with combi­ Generally a taxpayer must pay as many nation shotgun and rifle barrels, 12 special taxes as he has places of busi­ regional commissioner of internal reve­ inches or more but less than 18 nue in each of the internal revenue re­ inches in length, from which only a ness. However, a person paying special gions. single discharge can be made from tax at his principal place of business either barrel without manual reload­ may store goods, wares or merchandise § 179.37 Revolver. “Revolver” shall ing, or guns designed to be held in at other places than the place of busi­ mean a small projectile weapon, of the one hand when fired, and having a ness without incurring special tax at pistol type, having a breechloading barrel 12 inches or more but less than such place of storage. A manufacturer chambered cylinder so arranged that the 18 inches in length, from which only upon a single payment of special tax cocking of the hammer or movement of a single discharge can be made with­ may sell products of his own manufac­ the trigger rotates it and brings the next out manual reloading, or guns of ture at the place of manufacture and at cartridge in line with the barrel for b o th ty p e s______1 his principal office or place of business, firing. (b) The tax year begins July 1 and provided no products, except samples, are § 179.38 Rifle. “Rifle” shall mean a ends June 30. Persons commencing kept at said office or place of business. weapon designed or redesigned, made or business between August 1 and June 30 Removal of a business to a new location remade, and intended to be fired from (both dates inclusive) of any tax year creates a new liability unless the change the shoulder and designed and made to must pay a proportionate part of the of location is registered with the District use the energy of the explosive in a fixed annual tax. Persons in business for only Director, as provided in § 179.64. a portion of a month are liable to tax metallic cartridge to fire only a single § 179.57 Dual occupations incur dual projectile through a rifled bore for each for the entire month. For example, a single pull of the trigger. person commencing business October 21 tax liability. In any case where more must pay tax for nine months, or three- than one taxable business is carried on § 179.39 Secretary. “Secretary” shall fourths of the yearly rate. by the same person at the same location mean the Secretary of the Treasury. at the same time, special tax in respect § 179.52 Registry, return, and pay­ § 179.40 Shotgun. “Shotgun” shall ment of tax. Every person first engaging to each must be paid. mean a weapon designed or redesigned, in any business mentioned herein must, § 179.58 Partnership liability. Any made or remade, and intended to be prior to commencing business, separately number of persons doing business in co­ fired from the shoulder and designed and for each place of business, register and partnership at any one location shall be made to use the energy of the explosive file return on Form 11A (Firearms) with, required to pay but one special tax. in a fixed shotgun shell to fire through and pay the tax to, the District Director a smooth bore either a number of ball for the collection district in which such § 179.59 Single sale. A single sale, shot or a single projectile for each single place is located. Thereafter, such per­ unattended by circumstances showing pull of the trigger- son must, register, file return, and pay the one making the sale to be engaged No. 179------3 6742 RULES AND REGULATIONS

in business, does not create special (oc­ removal, register the change of location punishable under a State law prohibit­ cupational) tax liability. with the District Director of the collec­ ing or controlling the manufacture or CHANGE OP OWNERSHIP tion district within which the old place transfer of firearms. On the other hand, of business is located, by filing another compliance with State law confers no § 179.60 Changes through death of return, Form 11 A (Firearms), and desig­ immunity under Federal law. Persons owner. Whenever any person who has nated “removal registry”, setting forth who engage in the business of importing, paid special tax dies, the surviving spouse the time of removal. The taxpayer’s manufacturing, or dealing in firearms, in or child, or executors or administrators, special tax stamp must accompany the violation of the law of a State, are never­ or other legal representatives, may carry return for notation by the District Di­ theless required to pay special tax as im­ on such business for the remainder of rector of the change of location. As to posed under the internal revenue laws of the term for which tax has been paid liability in case of failure to register a the United States. without any additional payment, sub­ change of location within 30 days, see ject to the conditions hereinafter stated. § 179.66. RECORD OF SPECIAL TAXPAYERS FOR PUBLIC If the surviving spouse or child, or ex­ INSPECTION ecutor or administrator, or other legal PENALTIES AND INTEREST § 179.70 Record 10. Each District representative of the deceased taxpayer § 179.65 Failure to pay special tax. Director shall prepare and keep for pub­ continues the business, such person must, Persons carrying on a business within lic inspection, on Record 10, an alpha­ within 30 days after the date on which the scope of section 5801 of the Internal betical list of the names of all persons the successor begins to carry on the busi­ Revenue Code of 1954 without payment who have paid special taxes within his ness, file with the District Director a new of special tax within the time prescribed district. Record 10 will show the time, Form 11 A (Firearms). The return thus (see § 179.52) are liable, in addition to place, and business for which such spe­ executed must show the name of the the amount of the tax, interest, and pen­ cial taxes have been paid. Upon appli­ original taxpayer, together with the alties, to fine and imprisonment as pro­ cation of any prosecuting officer of any basis of the succession, (As to liability vided in section 5861 of the Internal State, county, or municipality, the Di­ in case of failure to register, see Revenue Code of 1954. rector will furnish a certified copy of § 179.66.) § 179.66 Failure to register change or Record 10, for which a fee of $1 for each § 179.61 Changes through bankruptcy removal. Any person succeeding to and one hundred words or fraction thereof in of owner. A receiver or referee in bank­ such certified copy or copies may be carrying on a business for which special charged. ruptcy may continue the business under tax has been paid, and any taxpayer the stamp issued to the taxpayer at the removing his business with respect to SUBPART D— TAX ON MAKING FIREARMS place and for the period for which the which special tax has been paid to a § 179.75 Scope of tax. Except as tax was paid. An assignee for the bene­ place other than that for which tax was fit of creditors may continue business otherwise provided (see §§ 179.82, 179.83, paid, without registering such change or and 179.84) the making in the United under his assignor’s special tax stamp removal within 30 days thereafter, will without incurring additional special tax States of any firearm (whether by man­ incur liability to an additional payment ufacture, putting together, alteration, liability. In such cases, the change of the tax, addition to tax and interest, must be registered with the District Di­ any combination thereof, or otherwise) as provided in sections 5801, 6651, and is subject to tax to be represented by an rector in a manner similar to that re­ 6601, respectively, Internal Revenue quired by § 179.60. adhesive stamp bearing the words “Na­ Code of 1954, for failure to make return tional Firearms Act.” In every case the § 179.62 Change in firm. When one (see § 179.67) or pay tax, as well as to tax shall be paid by the person making or more members of a firm or partner­ fine and imprisonment for carrying on the firearm and such tax shall be paid ship withdraw, the business may be con­ business without payment of special tax in advance of the making of the firearm tinued by the remaining partner or part­ (see § 179.65). (see §§ 179.77, 179.170, and 179.171.) ners under the same special tax stamp § 179.67 Delinquency. In case of for the remainder of the period for which § 179.76 Rate of tax. The tax on the failure to file a return within the pre­ making of firearms is at the rate of $200 the stamp was issued to the old firm. scribed time, a certain percentage of The change shall, however, be registered the amount of the tax is added to the for each firearm, except that the rate in the same manner as required in tax unless the return is later filed and of tax is $1 upon the making of any gun § 179.60. Where new partners are taken failure to file the return within the pre­ with combination shotgun and rifle bar­ into a firm, the new firm so constituted scribed time is shown to the satisfaction rels, 12 inches or more but less than 18 may not carry on business under the of the District Director to be due to inches in length, from which only a sin­ special tax stamp of the old firm. The reasonable cause and not to willful neg­ gle discharge can' be made from either new firm must make return and pay its lect. The amount to be added to the barrel without manual reloading, or any own special tax reckoned from the 1st tax is 5 percent if the failure is for not gun designed to be held in one hand day of the month in which it began busi­ more than one month, with an addi­ when fired and having a barrel 12 inches ness, even though the name of such firm tional 5 percent for each additional or more but less than 18 inches in length, be the same as that of the old. Where month or fraction thereof during from which only a single discharge can the members of a partnership which has which failure continues, not to exceed be made without manual reloading. paid special tax form a corporation to 25 percent in the aggregate (sec. 6651, DECLARATION OF INTENT TO MAKE A FIREARM continue the business, a new special tax I. R. C. 1954). However, no delinquency § 179.77 Written declaration. Except stamp must be taken out in the name penalty is assessed where the 50 percent as provided in §§ 179.82, 179.83 and of the corporation. addition to tax is assessed for fraud 179.84 every person intending to make § 179.63 Change in corporation. Ad­ (see § 179.68). a firearm must declare his intention in ditional special tax is not required by § 179.68 Fraudulent return. If any writing on Form 1A (Firearms) to make reason of a mere change of name or in­ part of any underpayment of tax re­ such firearm. The declaration shall crease in the capital stock of a corpora­ quired to be shown on a return is due to show (a) the name and address of the tion if the laws of the State of incorpo­ fraud, there shall be added to the tax maker, and, if the maker is other than ration provide for such change or in­ an amount equal to 50 percent of the a natural person, the name and address crease without the formation of a new underpayment, but no delinquency pen­ of the principal officer or authorized corporation. A stockholder in a corpo­ alty shall be assessed with respect to the representative thereof; (b) the serial ration who after its dissolution con­ same underpayment (sec. 6653, I. R. C. number, model, length of barrel, trade tinues the business incurs new special 1954). name, and other marks identifying the tax liability. firearm; and (c) such additional infor­ APPLICATION OF STATE LAWS mation as may be required on Form 1A CHANGE OF BUSINESS LOCATION § 179.69 State regulations. Special (Firearms). A “National Firearms Act” § 179.64 Notice by taxpayer. When­ tax stamps are merely receipts for the stamp of the proper denominafcion—(see ever a taxpayer removes his business to a tax. Payment of tax under Federal law -Hr79v76^ must be affixed to the original location other than specified in his last confers no privilege to act contrary to declaration, in the space provided special tax return (see § 179.52), he State law. One to whom a special tax therefor, and properly canceled (see shall, within 30 days after the date of stamp has been issued may still be § 179.81). Form 1A (Firearms) and ap- Wednesday, September 14, 1955 FEDERAL REGISTER 6743 propriate tax stamp may be obtained in ink, his initials, and the day, month bination shotgun and rifle barrels, 12 from any District Director of Internal and year, in such manner as to render it inches or more but less than 18 inches Revenue. unfit for reuse. The cancellation shall in length, from which only a single dis­ not so deface the stamp as to prevent its charge can be made from either barrel § 179.78 Identification of declarant. denomination and genuineness from be­ without manual reloading, or any gun If the declarant is an individual, he shall ing readily determined. * designed to be held in one hand when attach to each copy of the declaration fired and having a barrel 12 inches or an individual photograph of himself, EXCEPTIONS TO TAX ON MAKING FIREARMS more but less than 18 inches in length, taken within 90 days prior to the date § 179.82 Registered manufacturers. from which only a single discharge can of such declaration, and shall affix his The tax on the making of a firearm and be made without manual reloading. fingerprints to such declaration. The the requirements as to use of a form § 179.97 Transfer tax in addition to fingerprints must be clear for accurate declaring the intention to make a fire­ classification and should be taken by import duty. The transfer tax imposed arm are not applicable to manufacturers by section 5811 of the Internal Revenue someone properly equipped to take them. who have paid special tax and registered The declaration must be supported by a Code of 1954 is in addition to any import as required by sections 5801 and 5802 of duty (see § 179.132). certificate of the local chief of police, the Internal Revenue Code of 1954. sheriff of the county, United States at­ However, such manufacturers must keep APPLICATION AND ORDER FOR TRANSFER OF torney, United States marshal, or such the records required by § 179.150 and FIREARM other person whose certificate may in a make the returns required by § 179.151. particular case be acceptable to the Di­ § 179.98 Written application and rector, Alcohol and Tobacco Tax Divi­ § 179.83 Altering a firearm which has order required for transfer of firearm. sion, certifying that he is satisfied that previously been taxed. No tax will be Except as otherwise provided, every per­ the fingerprints and photograph appear­ imposed on the making of a firearm if son seeking to obtain a firearm must ing on the declaration are those of the such making involves the alteration or make an application in duplicate to the declarant and that the firearm is in­ conversion of a firearm with respect to transferor on Form 4 (Firearms). The tended by such person for lawful which a tax, at the same rate, has been application shall show (a) the name and purposes. paid, prior to such making, under either address of the applicant, and, if the ap­ section 5811 or section 5821 of the In­ plicant is other than an individual, the § 179.79 Procedure for approval of ternal Revenue Code of 1954. However, name and address of the principal offi­ declaration. The declaration of intent the person so altering or converting such cer or authorized representative thereof; to make a firearm, Form 1A (Firearms), firearm shall notify the Director, Alcohol and (b) such additional information as must be forwarded directly, in duplicate, and Tobacco Tax Division, Internal may be required on Form 4 (Firearms). by the maker of the firearm to the Direc­ Revenue Service, Washington 25, D. C., The transferor must furnish the infor­ tor, Alcohol and Tobacco Tax Division, in writing immediately thereafter, giving mation called for on the form relating Internal Revenue Service, Washington a complete description of the firearm so to the serial number, model, caliber, 25, D. C. The Director, Alcohol and To­ altered or converted and indicating the length of barrel, trade name, and other bacco Tax Division, will consider the changes made. marks identifying the firearm. In addi­ application for approval or disapproval. tion, a “National Firearms Act” stamp If the application is approved, the Direc­ § 179.84 Making a firearm for use of of the proper denomination (see tor, Alcohol and Tobacco Tax Division, Government agencies, peace officers and § 179.96) must be affixed to the original will return the original thereof to the Federal officers. The tax on the making only of Form 4 (Firearms), in the space maker of the firearm and retain the du­ of a firearm and the requirements as to provided therefor, and properly canceled plicate. Upon receipt of the approved use of a form declaring the intention to (see § 179.102). declaration, the maker is authorized to make a firearm are not applicable to any person making a firearm for the use of § 179.99 Identification of applicant. make the firearm described therein. The If the applicant is an individual, he shall maker of the firearm shall not, under (a) the United States Government, any State, Territory, or possession of the attach to each copy of the application any circumstances, make the firearm an individual photograph of himself, until the declaration, satisfactorily exe­ United States, any political subdivision thereof, or the District of Columbia, or taken within 90 days prior to the date of cuted, with the “National Firearms Act” such application, and shall affix his stamp attached, has been forwarded to (b) any peace officer or any Federal offi­ cer designated in § 179.104. However, fingerprints to such application. The the Director, Alcohol and Tobacco Tax fingerprints must be clear for accurate Division, and has been approved and re­ the person making such firearm shall notify the Director, Alcohol and Tobacco classification and should be taken by turned by him, if the application is dis­ someone properly equipped to take them. approved, the original Form 1A (Fire­ Tax Division, Internal Revenue Service, Washington 25, D. C., in writing, imme­ The application must be supported by a arms) with the “National Firearms Act" certificate of the local chief of police, stamp attached thereto will be returned diately thereafter giving a complete de­ scription of the firearm so made, identi­ sheriff of the county. United States at­ to the maker with the reasons for dis­ torney, United States marshal, or such approval stated on the form. fying the agency for which the firearm was made and stating under the penal­ other person whose certificate may in a § 179.80* Subsequent transfer of fire­ ties of perjury that he has been duly particular case be acceptable to the Di­ arms. Where a firearm which has been commissioned to perform such act. rector, Alcohol and Tobacco Tax Divi­ made in compliance with section 5821 Should it afterwards be determined that sion, certifying that he is satisfied that of Internal Revenue Code of 1954, is to the maker was not entitled to the tax the fingerprints and photograph appear­ be transferred subsequently, the transfer exemption, tax and penal liability will ing on the application are those of the provisions of the firearm laws and regu­ be incurred. applicant and that the firearm is in­ lations must be complied with. , The tended by the applicant for lawful Form 4 (Firearms) covering such pro­ SUBPART E— TRANSFER TAX purposes. posed transfer must, when filed with the § 179.95 Scope of tax. Except as § 179.100 Requirements for approval Director, Alcohol and Tobacco Tax Di­ otherwise provided (see §§ 179.103 and of application and order for transfer. vision, Internal Revenue Service, Wash­ 179.104), each transfer of a firearm in The Form 4 (Firearms), must be for­ ington 25, D. C., be accompanied by the the United States is subject to tax to be warded, directly, in duplicate, by the previously approved Form 1A (Fire­ represented by an adhesive stamp bear­ transferor to the Director, Alcohol and arms). Such Form 4 (Firearms) and ing the words “National Firearms Act“ Tobacco Tax Division, Internal Revenue approved Form 1A (Firearms) will be to be affixed to the Form 4 (Firearms) Service, Washington 25, D. C. The Di­ returned by the Director, Alcohol and (see §§ 179.98,179.170, and 179.171). rector, Alcohol and Tobacco Tax Divi­ Tobacco Tax Division, to the transferor § 179.96 Rate of tax. The transfer sion, will consider the application for for delivery to the transferee at the time approval or disapproval. If the applica­ the firearm is transferred. tax to be levied, collected, and paid with respect to all articles within the term tion is approved, the Director, Alcohol § 179.81 Cancellation of stamp. The “firearm“ transferred in the United and Tobacco Tax Division, will return person affixing to a Form 1A (Firearms) States is at the rate of $200 for each fire­ the original thereof to the transferor, a “National Firearms Act” stamp shall arm, except that the rate of tax is $1 who may then deliver the firearm to the cancel it by writing or stamping thereon, upon the transfer of any gun with com­ applicant, together with the original 6744 RULES AND REGULATIONS

Form 4 (Firearms) with the “National bacco Tax Division, Internal Revenue SUBPART G— IMPORTATION AND Firearms Act” stamp attached thereto. Service, Washington 25, D. C., the dupli­ EXPORTATION.1 If the application is disapproved, the cate retained by the transferor, and the original Form 4 (Firearms) with the triplicate furnished to the transferee. IMPORTATION “National Firearms Act” stamp attached The notice must show the name and § 179.130 Procedure. The* burden of thereto will be returned to the trans­ address of the transferor and transferee, proof is affirmatively on any person im­ feror with the reasons for disapproval a description of the firearm, the date of porting or .bringing a firearm into the stated on the form. the transfer, the basis of the exemption United States, Puerto Rico, or the Virgin § 179.101 Subsequent transfer of fire­ claimed and any other evidence which Islands, to show to the satisfaction of arm. Where a firearm transferred on or the Director, Alcohol and Tobacco Tax the Director, Alcohol and Tobacco Tax after July 26, 1934, is to be subsequently Division, may require. Division, Internal Revenue Service, transferred, the new Form 4 (Firearms) § 179.106 Responsibility of transferor Washington 25, D. C., prior to importa­ covering such proposed transfer must, for exempt status of transferee. Trans­ tion (see § 179.22), that the firearm is when filed with the Director, Alcohol and fers under section 5812 of the Internal to be lawfully used and is unique or of a Tobacco Tax Division, Internal Revenue Revenue Code of 1954 may be made prior type unobtainable within the United Service, Washington 25, D. C., be accom­ to forwarding Form 5 (Firearms) to the States or such territory or possession. panied by the previously approved Form Director, Alcohol and Tobacco Tax Divi­ One desiring to import or bring a firearm 4 (Firearms) for each prior transfer and sion. However, before a tax-free trans­ into the United States, Puerto Rico, or by any declaration of intent to make a fer is made, the transferor should satisfy the Virgin Islands shall file application, firearm, Form 1A (Firearms), previously himself of the exempt status of the in duplicate, on Form 6 (Firearms) with filed with respect to the firearm trans­ transferee and the bona fides of the the Director, Alcohol and Tobacco Tax ferred. Such forms will be returned by transaction. If not fully satisfied, he Division, Internal Revenue Service, the Director, Alcohol and Tobacco Tax should communicate with the Director, Washington 25, D. C. The application Division, with the latest Form 4 (Fire­ Alcohol and Tobacco Tax Division, and shall show the intended port or place of arms) to the transferor for delivery to report all the circumstances and» await importation and describe the firearm the applicant. said Director’s advice before making the intended for importation accurately and in detail, including, as far as practicable, § 179.102 Cancellation of stamp. The transfer. If transfers to unauthorized persons, or transfers otherwise unwar­ the data indicated by § 179.121. The same method of cancellation as pre­ reasons for the proposed importation scribed in § 179.81 shall be used. ranted, are made, tax and penal liability will be incurred. and the purposes for which the firearm CONCERNING EXEMPTIONS PROM TRANSFER is intended must be clearly shown. If SUBPART F— REGISTRATION AND IDENTIFICA­ TAX uniqueness is claimed, it must be specifi­ TION OF FIREARMS cally indicated in what particulars the § 179.103 Special-tax payers. The § 179.120 Application for registration firearm is unique. If the application is transfer tax and the requirements as to of firearm. Every person in the United . based on alleged unobtainability, the dif­ use of Form 4 (Firearms) (see § 179.98) States possessing a firearm (a) not al­ ferences between the desired firearm and are not applicable where importers, ready registered, or (b) acquired by other firearms of the same general manufacturers, and dealers who have transfer, importation or making without 'character obtainable without importa­ registered and paid special tax transfer conforming with the provisions of Chap­ tion must be clearly shown. The appli­ to other manufacturers or dealers who ter 53 of the Internal Revenue Code of cant will be notified of the approval or have registered and paid special tax. 1954, if such provisions were applicable disapproval of the application. If it is However, such importers, manufactur­ at the time of such transfer, importation approved, the certificate will be returned ers, and dealers must keep the records or making, must execute an application to the applicant to be filed with the col­ required by § 179.150, and make returns for the registration of such firearm on lector of customs at the port of importa­ required by § 179.151. Before a tax-free Form 1 (Firearms), in duplicate, with tion. Collectors of customs will not per­ transfer is made, the transferor must the Director, Alcohol and Tobacco Tax mit release of the firearm from customs satisfy himself that the transferee is a Division, Internal Revenue Service, custody, except for exportation, unless registered special-tax payer. If not Washington 25, D. C. If registration is covered by an approved application. fully satisfied, he should communicate accepted, the duplicate form, after with the District Director of the internal § 179.131 Importation into territory proper endorsement, will be returned to or possession. The importation of fire­ revenue collection district in which the the registrant by the Director, Alcohol transferee is located. Where tax-free arms into a territory or possession of and Tobacco Tax Division. The filing of the United States other than United transfers to unauthorized persons are Form 1A (Firearms) in respect to the made, tax and penal liability will be States (as defined in § 179.43), Puerto .incurred. making of a firearm, Form 2 (Firearms) Rico, or the Virgin Islands will be under in respect of newly manufactured fire­ the control of the governing authorities § 179.104 Peace officers and Federal arms and Form 6 (Firearms) in respect of such territory or possession, (See officers. Pursuant to the authority of imported firearms shall be accepted, § 179.139). vested in section 5812 of the Internal in lieu of Form 1 (Firearms), as regis­ Revenue Code of 1954, the following are tration of the firearms described in such § 179.132 Tax on transfer of im­ hereby designated as officers entitled to forms. Where the transfer of a regis­ ported firearm. Any person importing receive firearms without the use of Form tered firearm is reported on Forms 2, 3, or bringing a firearm into the United 4 (Fireanns): Sheriffs, chiefs of police, 4, and 5 (Firearms) it will not be neces­ States is subject to tax upon the sub­ commissioners of police, superintendents sary for the transferee to apply for sequent transfer of such firearm, which or other chief officers of State police registration of the firearm on Form 1 tax is additional to any duty upon the units, including State highway patrols, (Firearms). importation of the firearm: Provided, directors of public safety, and bona fide however, An importer who has registered subordinate officers under the command § 179.121 Identification of firearms. and paid special tax and has otherwise of the aforementioned excepted persons Each manufacturer. and importer of a complied with the requirements of Chap­ upon appropriate recommendation of firearm shall identify it by stamping (im­ ter 53 of the Internal Revenue Code of the officials designated. Forms 4 (Fire­ pressing), or otherwise conspicuously 1954, and who transfers a firearm to a arms) are not required for procurement placing or causing to be stamped (im­ registered special-tax payer will not be of firearms by Federal law enforcement pressed) or placed thereon, in a manner required to pay transfer tax on such agencies. not susceptible of being readily obliter­ transfer. § 179.105 Notice of exemption. Where ated or altered, the name and location a transfer is claimed to be exempt from of the manufacturer or importer, and 1 Persons engaged in the business of im­ tax under section 5812 of the Internal the serial number, caliber, and model of porting' or exporting firearms caliber .22 or Revenue Code of 1954, a notice of ex­ the firearm. None of the data indicated larger are subject to the requirement of a may be omitted except with the approval license issued by the Secretary of State. Ap­ emption must be immediately executed plication for such license should be made to by the transferor in triplicate on Form of the Director, Alcohol and Tobacco Tax the Office of Munitions Control, Department 5 (Firearms), and the original for­ Division, Internal Revenue Service, of State, W ashington 25, D . C., prior to im­ warded to the Director, Alcohol and To- Washington 25, D. C. porting or exporting firearms. Wednesday, September 14, 1955 FEDERAL REGISTER 6745 EXPORTATION cate of exportation (Part 3 of Form 9 pawnbroker) shall make and keep at § 179.133 Application and permit for (Firearms)). One copy of the form his place of business a record showing exportation of firearms. Any person de­ will be retained with the shipper’s export (a) the manufacture, receipt, transfer, siring to export a firearm without pay­ declaration and the remaining copy or other disposition of all firearms tax­ ment of the transfer tax must file an thereof will be transmitted to the Di­ able under the Code, (b) the date of such application on Form 9 (Firearms), in rector, Alcohol and Tobacco Tax Divi­ manufacture, receipt, transfer, or dis­ quadruplicate, with the Director, Alcohol sion. position, (c) the number, model, and and Tobacco Tax Division, Internal § 179.137 Proof of exportation. trade name or other mark identifying Revenue Service, Washington 25, D. C., Within a six months’ period from date each firearm, and (d) the name and ad­ for a permit providing for deferment of of issuance of the permit to export fire­ dress of the person to whom any firearm tax assertion. Part 1 of the application arms the exporter shall furnish to the is transferred. This récord must be pre­ shall be executed by the exporter and Director, Alcohol and Tobacco Tax Di­ served for a period of at least four years shall be supported by a certified copy of vision, Internal Revenue Service, Wash­ from the date of disposition of the fire­ a written order or contract of sale or ington 25, D. C., (a) a certificate of arm, and be at all times readily accessi­ other evidence showing that the firearm landing signed by a Customs officer of ble for inspection. is to be shipped to a foreign destination. the foreign country to which the article § 179.151 Returns. Immediately Where it is desired that a transfer to is exported, or (b) a sworn statement of upon the manufacture, receipt, trans­ the exporter shall be tax free, the trans­ the foreign consignee covering the re­ fer, or other disposition of any firearm feror shall likewise file an application ceipt of the article, or (c) the return every manufacturer, importer, dealer supported by evidence that the transfer receipt, or a photostat thereof, signed (including pawnbroker), shall execute will start the firearm in course of ex­ by the addressee or his agent where an accurate return on either Form 2 portation (see § 179.18), except, however, the shipment was made by insured or (Firearms) or Form 3 (Firearms), in that where such transferor and ex­ registered parcel post. Issuance of a duplicate, setting forth the information porter are registered special-tax payers permit to export and furnishing of the called for in § 179.150. All transactions the transferor will not be required to required evidence will relieve from lia­ occurring during a single day may be file an application on Form 9 (Firearms). bility the actual exporter and one sell­ included in one return filed at the close § 179.134 Action "by Director, Alcohol ing to the exporter for exportation. of that business day. The original will and Tobacco Tax Division. If the appli­ Where satisfactory evidence of expor­ be forwarded to the Director, Alcohol cation is acceptable the Director, Alco­ tation is not furnished within the stated and Tobacco Tax Division, Internal Rev­ hol and Tobacco Tax Division, Internal period the tax will be assessed: Provided, enue Service, Washington 25, D. C., and Revenue Service, Washington 25, D. C., That if the amount of tax liability in­ the duplicate will be retained by the per­ will execute the permit, Part 2 of Form 9 volved is $10 or less the Director may son making the return for a period of at (Firearms), to export the firearm de­ accept a customs certificate Of exporta­ least four years and be at all times read­ scribed on the form and return three tion or certificate of mailing by parcel ily accessible for inspection. Upon ap­ copies thereof to the applicant. Issu­ post as proper proof of exportation. plication, return forms will be supplied ance of the permit by the Director, Alco­ § 179.138 Refunds. Where, after by district directors. hol and Tobacco Tax Division, will sus­ payment of tax by the manufacturer, a SUBPART I— STOLEN OR LOST FIREARMS OR pend assertion of tax liability for a period firearm is exported, and satisfactory DOCUMENTS of six months. If the application is dis­ proof of exportation (see § 179.137) is approved the Director, Alcohol and To­ furnished, a claim for refund may be § 179.155 Stolen or lost firearms. bacco Tax Division, will indicate thereon submitted on Form 843 (see § 179.181). Whenever any firearm is stolen or lost, the reason for such action and return the If the manufacturer waives all claim for the person losing possession thereof forms to the applicant. the amount to be refunded, the refund will, immediately upon discovery of such shall be made to the exporter. A claim theft or loss, make a report to the Di­ § 179.135 Procedure by exporter. for refund by an exporter of tax paid by rector, Alcohol and Tobacco Tax Divi­ Shipment may not be made until the a manufacturer should be accompanied sion, Internal Revenue Service, Wash­ permit, Form 9 (Firearms), is received by waiver of the manufacturer and proof ington 25, D. C., showing the following: from the Director, Alcohol and Tobacco of tax payment by the latter. (a) Name and address of the person Tax Division. If exportation is to be in whose name the firearm is registered, made by means other than by parcel post § 179.139 Insular possessions. Trans­ (b) kind of firearm, (c) serial number, two copies of the form must be addressed fers of firearms to persons in the insular (d) model, (e) caliber, (f) manufacturer to the collector of customs at the port of possessions (other than Hawaii) of the of firearm, (g) date and place of theft exportation and must precede or accom­ United States are exempt from transfer or loss, and (h) complete statement of pany the shipment in order to permit tax, provided title in cases involving facts and circumstances surrounding appropriate inspection prior to lading. change of title (and custody or control, such theft or loss. If exportation is to be made by parcel in cases not involving change of title), post one copy of the form must be pre­ does not pass to the transferee or his § 179.156 Stolen or lost documents. sented to the postmaster at the office agent in the United States. However, When any Forms 1, 1A, 2, 3, 4, 5, or 6 receiving the parcel who will execute such exempt transactions must be cov­ (Firearms) evidencing possession of a Part 4 of such form and return the form ered by approved permits and support­ firearm is stolen, lost, or destroyed, the to the exporter for transmittal to the ing documents corresponding to those person losing possession will immedi­ Director, Alcohol and Tobacco Tax Divi­ required in the case of firearms exported ately upon discovery of the theft, loss, sion. In the event exportation is not to foreign countries (see §§ 179.133 and or destruction report the matter to the effected all copies of the form must be 179.134), except that the Director, Alco­ Director, Alcohol and Tobacco Tax Di­ immediately returned to the Director for hol and Tobacco Tax Division, may vary vision, Internal Revenue Service, Wash­ cancellation. the requirements herein set forth in ac­ ington 25, D. C. The report will show cordance with the requirements of the in detail the circumstances of the theft, § 179.136 Action by customs. Upon governing authority of the insular pos­ loss, or destruction and will include all receipt of a permit, Form 9 (Firearms), session. Shipments to the insular pos­ known facts which may serve to identify m duplicate, authorizing the exportation sessions will not be authorized without the document. Upon receipt of the re­ of firearms the collector of customs may compliance with the requirements of the port, the Director, Alcohol and Tobacco order such inspection as deemed neces­ governing authorities thereof. In the Tax Division, will make such investiga­ sary prior to lading of the merchandise. case of a nontaxable transfer to a person tion as appears appropriate and may If satisfied that the shipment is proper in such insular possession, the exemp­ issue a duplicate document upon such and the information contained in the tion extends only to such transfer and conditions as the circumstances warrant. permit to export is in agreement with not to prior transfers. the information shown in the shipper’s SUBPART J— EXAMINATION OF BOOKS AND export declaration, the collector of cus­ SUBPART H— RECORDS AND RETURNS RECORDS toms will, after the merchandise has § 179.150 Records. Every manufac­ § 179.160 Failure to make returns: been duly exported, execute the certifi­ turer, importer, and dealer (including substitute returns. If any person re- 6746 RULES AND REGULATIONS quired by this part to make returns IA (Firearms) or a Form 4 (Firearms) TITLE 43— PUBLIC LANDS: shall fail or refuse to make any such is executed and the appropriate stamp return within the time prescribed by this affixed thereto, and thereafter the intent INTERIOR part or designated by the Director, Alco­ to make a firearm or the proposed trans­ hol and Tobacco Tax Division, then the fer is abandoned and the firearm is not Chapter 1—Bureau of Land Manage­ return shall be made by an internal made or transferred, the taxpayer may m ent, Department of the Interior revenue officer upon inspection of the redeem such stamp (section 6805 of the R evision of Service F ees and Charges books, but the making of such return by Internal Revenue Code of 1954). Claim R elating to Lands and R esources an internal revenue officer shall not re­ for redemption of the stamp should be Under J urisdiction of Bureau of Land lieve the person from any default or filed on Form 843 with the appropriate Management penalty incurred by reason of failure to District Director of Internal Revenue. make such return. Such claim must be accompanied by the Pursuant to a notice published March (53 Stat. 437; sec. 6020 I. R. C. 1954) Form 1A (Firearms) of the Form 4 24, 1955 (20 F. R. 1790), the following (Firearms) to which the stamp is af­ schedule of fees is adopted for applica­ § 179.161 Inspection of records. Any fixed, or by a satisfactory explanation tions and services filed with or furnished officer designated by the Director, Alco­ of the reason why the stamp cannot be by the Bureau of Land Management of hol and Tobacco Tax Division, shall have returned, and must be filed within three this Department. authority to examine the books, papers, years after the purchase of the stamp Appropriate changes will be made in and records kept pursuant to the regula­ (sec. 6805,1. R. a , 1954). specific existing regulations in Title 43, tions in this part, and may require the Code of Federal Regulations, where production of any books, records, papers, § 179.181 Refunds. As indicated in required. or statements of account necessary to this part, the transfer tax or tax on The revised fees and charges will be determine any liability to the tax or the the making of a firearm is ordinarily paid effective 20 days from the date hereof, observance of the provisions of this part. by the purchase and affixing of stamps, while special tax stamps are issued in and are not returnable .unless so (53 Stat. 438, 439; secs. 7602 and 7605, I. payment of special taxes. However, in indicated. R. C. 1954) exceptional cases, such taxes may be Section 1. Application service fees for § 179.162 Penalties (records and re­ paid pursuant to assessment. Claims public lands in Alaska. turns') . Any person failing to keep rec­ for refund of amounts so paid must be presented to the District Director on Applications for— Fee ords or make returns is liable to fine 1.1 Pur farm leases (Part 62)- _____ $10 and imprisonment as provided in section Form 843 within three years next after 1.2 Purchase of homesites or head­ 5861 of the Internal Revenue Code of payment of the taxes (sec. 6511,1. R. C., quarters (Part 64)______10 1954. Any person assisting in the prepa­ 1954). 1.3 Landing and wharf permits on re­ ration of fraudulent returns is liable to served shorespaces (Part 68).___ 10 fine and imprisonment as provided in SUBPART M— PENALTIES AND FORFEITURES 1.4 Rights-of-way for reservoirs and section 7206 of the Internal Revenue § 179.190 Penalties. Any person who canals, and for roadway, power, Code of 1954. telephone, and telegraph pur­ violates or fails to comply with the re­ poses (Part 74)______10 quirements of Chapter 53, Internal Rev­ 1.5 Rights-of-way for railroads, wagon SUBPART K— DISTRIBUTION AND SALE OF enue Code of 1954, shall, upon convic­ STAMPS roads, and tramways (Part 75)— 10 tion, be subject to the penalties imposed 1.6 Leases or sales of certain lands in § 179.170 Orders for stamps. Each under section 5861, Internal Revenue the Matanuka Valley (Part 75) — 10 order for stamps to be used under this Code of 1954. 1.7 Sales of lands at public auction for part shall be made in writing to the Dis­ industrial or commercial pur­ § 179.191 Forfeitures. Any firearms poses, Including housing (Part trict Director or his duly authorized involved in any violation of the provi­ agent in the internal revenue collection 7 5 )______— * 10 sions of Chapter 53, Internal Revenue 1.8 Towns! tes entered by trustees district in which the stamps are to be Code of 1954, or of the regulations in (P a rt 7 0 )______10 used, showing the date of the order, the this part, shall be subject to seizure and 1.9 Purchase of trade and manufac­ number of “National Firearms Act” forfeiture under the internal revenue turing sites (Part 81)______-— - 10 stamps applied for, and the name and laws; Provided, however, That the dis­ 1 Pee to be returned to the applicant address of the purchaser, and shall be position of forfeited firearms shall be where the application is allowed and the signed in ink by the purchaser. in conformance with the requirements sale is held but the applicant is not the § 179.171 Stamps authorized. Ad­ of section 5862 of the Internal Revenue successful bidder. The $10 fee will be col­ hesive stamps of the $1 and $200 denomi­ Code of 1954. In addition, any vessel, lected from the successful bidder. nation, bearing the words “National vehicle or aircraft used to transport, Sec. 2. Application service fees for Firearms Act,” have been prepared and carry, convey, or conceal or possess any public and acquired lands in Continental distributed to District Directors, and firearm with respect to which there has United States and Revested Oregon and only such stamps shall be used for the been committed any violation of any California Railroad and Reconveyed payment of the transfer tax and for the provision of Chapter 53, Internal Reve­ Coos, Bay Wagon Road Grant Lands in tax on the making of a firearm. nue Code of 1954, or the regulations in this part issued pursuant thereto, shall Oregon. § 179.172 Reuse of stamps prohibited. be subject to seizure and forfeiture un­ Applications for— Fee A stamp once affixed to one instrument der the Customs laws, as provided by 2.1 Homesteads: cannot lawfully be removed and affixed 2.1a Extension of time to establish to another. Any person wilfully reusing the act of August 9, 1939 (U. S. C. Title 49, secs. 781-788). residence (Part 166)------$5 such a stamp shall be subject to the 2.1b Reduction in residence require­ penalty prescribed by section 7208 of the SUBPART M— OTHER LAWS APPLICABLE m ent because of climatic conditions Internal Revenue Code of 1954. (P a rt 166)...... — 5 § 179.195 Applicability of other provi­ 2.1c Leave of absence for one year, or SUBPART L— REDEMPTION OF OR ALLOWANCE sions of internal revenue laws. All of less because of failure of crops, sick­ FOR STAMPS OR REFUNDS the provisions of the internal revenue ness, or other unavoidable casualty § 179.180 Procedure for redemption laws not inconsistent with the provisions (P a rt 166)______5 of or allowance for stamps. Where a of Chapter 53 of the Internal Revenue 2.Id Reduction in requirement as to “National Firearms Act” stamp is de­ Code of 1954 shall be applicable with re­ c u ltiv a tio n ( P a rt 166)------5 stroyed, mutilated or rendered useless spect to the taxes imposed by sections 2.1e Assignment of homestead entries after purchase, and before liability has 5801, 5811 and 5821 of said Code (see under Reclamation law (Part 230)— 5 been incurred, such stamp may be re­ 2.1f Leave of absence within Federal deemed by giving another stamp in lieu section 5846, L R. C., 1954). irrigation projects under act of June thereof or by refunding the amount or [P. R. Doc. 55-7407; Filed, Sept. 13, 1955; 25,1910 (36 Stat. 864; 43 U. S. C. 444) value thereof. In the event a Form 8;49 a. m.] ( P a rt 2 3 0 )______5 Wednesday, September 14, 1955 FEDERAL REGISTER 6747

Applications for— Applications for— Service 2.2 Desert lands: . Fee 2.6 Mineral leases and permits—Con. Fee 3.5 Other services: Charge 2.2a Desert-land entries (Part 232)_2 $15 1937 (50 Stat. 522, 525, 530, as 3.5a Amendment of entries and 2.2b Recognition of assignment of amended July 28, 1942 ( 56 Stat. 725; patents (Part 104)______* $10 desert-land entry (Part 232)______10 7 U. S. C. 1011 (c) and 1018) (Part 3.5b Reinstatement of canceled en­ 2.2c Extension of time for final proof 200) ------$10 tries (Part 105)______6 10 (P a rt 232)------10 2.7 Grazing leases r 3.5c Recordation of notices of loca­ 2.2d Approval of State irrigation dis­ 2.7a Grazing leases, including applica­ tion of scrip, warrants, and cer­ tricts pursuant to the act of August tions arising out of the assignment tificates (Part 130)______5 11, 1916 (39 Stat. 506; 43 U. S. C. 621- of leased lands, where the applica­ 3.5d Search of records and furnishing tion in whole or in part embraces 630) and of irrigation associations or information to non-Federal lending lands that were not under lease to companies as an adequate source of agencies concerning land status, the applicant therefor on the date of . irrigation water in connection with terms and conditions of grazing filing such application (Parts 115, desert-land entries (Part 231)____ 10 leases, licenses or permits, or other 2.3 Permits for the development and 160) ...... io 2.8 Other applications: related information in connection utilisation of subterranean waters with proposed or outstanding pledges in Nevada irrigation purposes: 2.8a Amendment of entries or patents ( P a rt 104)______;______io of such licenses, permits, or leases 2.3a Extension of time for the be­ as security for loans (Parts 160, 161) 10 2.8b Reinstatement of canceled en­ ginning, recommencement, or com­ 3.5e Publication (advertising) of pletion of the work of water develop­ tries (Part 105)___ io 2.8c Equitable adjudication of entries notice of the offer of lands for oil ment and submission of final proof and gas, coal, potassium, sodium, or (P a rt 234)______- ______10 under the act of September 20, 1922 (42 Stat. 857; 43 U. S. C. 1161-1163) phosphate leases by competitive 2.4 Rights-of-way: (P a rt 107)______» io bidding; and of notice of the pub­ 2.4a Railroads and station grounds 2.8d Location of scrip, warrants, and lic sale of materials, including, but where right-of-way is located within certificates (Part 130)______io not limited to, sand, stone, gravel, a national forest (Part 243)______10 2.8e Purchase of erroneously me­ yucca, manzanita, mesquite, cactus, 2.4b Other than for railroad purposes andered lands in Arkansas and common clay, and timber or other and other than for logging road pur­ L o u isian a (P a rt 141)______io forest products on public domain poses on revested Oregon and Cali­ 2.8f Airport and aviation field leases lands: (1) where the cost of such fornia Railroad and reconveyed Coos for use by individuals and associa­ publication, under the regulations, Bay Wagon Road grant ldnds in tions (Part 251)______io was advanced by the Government; Oregon; where applicant is an in­ or (2) where the cost of such publi­ dividual, corporation, or association S e c , 3 Service charges. cation, under the regulations, was (P a rt 244)______10 Service Charge advanced by the applicant and 2.4c Filing of transfers, by assignment, 3.1 Homesteads: where the purchaser at the sale is lease, operating agreement, or other­ 3.1a Recordation of final proof (Part other than the applicant (Parts wise, of rights-of-way other than for 166) ------$5 192, 193, 194, 195, 196, 2 5 9 )...... (*) railroad purposes, and other than 3.1b Recordation of notice of begin­ * In addition to the proposed application for logging road purposes on revested ning and terminating leave of service fee; Provided, that such service Oregon and California Railroad and absence of entryman, not exceeding charge may be waived by the authorized of­ reconveyed Coos Bay Wagon Road five months each year (Part 166)___ 5 ficer if in his discretion it is determined that grant lands in Oregon (Part 244)__10 3.1c Recordation of notice of interest the error requiring the amendment was due 2.5 Special land-use permits: by mortgagee in homestead within to the fault of the Government. 2.5a Permits for advertising displays a Reclamation project (Part 230)__ 5 8 In addition to the proposed application on public domain lands or the re­ 3.2 Desert lands; service fee; Provided, th at such service charge newal thereof (Part 258)______10 3.2a Recordation of final proof (Part may be waived by the authorized officer if in 2.5b Other permits on public domain 2 32)...... 5 his discretion it is determined that the can­ lands, or the renewal thereof, where 3.2b Recordation of annual proof cellation of the entry was due to error on the applicant is an individual, cor­ (P a rt 2 32)___ 5 the part of the Government. poration, or association (Part 258) __ 10 3.2c Recordation of notice of interest 7 Cost of publication to be borne by the 2.5c Permits on revested Oregon and successful bidder (s). California Railroad and reconveyed by mortgagee of desert lands em­ Coos Bay Wagon Road grant lands in braced within a Reclamation proj­ ect (Part 230)______5 Douglas McK ay, Oregon (Part 115)______!______10 Secretary of the Interior. 2.5d Filing of assignments (Part 258) _ 10 3.2d Recordation of notice of claim by 2.6 Mineral leases and permits: transferee, after final proof, mort­ S e p t e m b e r 7, 1955. 2.6a Extension of noncompetitive oil gagee, or other encumbrancer (Part and gas leases (Part 192)______;___ 10 2 3 2 )------,------* 10 [F. R. Doc. 55-7363; Filed, Sept. 13, 1955; 2.6c Filing of any instrument of 3.3 Rights-of-way; 8:45 a. m.] transfer of leases or any interest 3.3a Recordation of evidence of con­ therein for sulphur, silica sands (in struction under right-of-way for Nevada), sand and and gravel (in railroads or station grounds (Part TITLE 45— PUBLIC WELFARE Nevada), and minerals on acquired 2 43)------5 lands other than minerals subject to 3.3b Recordation of proof of construc­ Subtitle A— Department of Health, leasing under the Mineral Leasing tion under right-of-way other than Education, and Welfare, General Act (Part 199)______10 for railroad and other than for 2.6d Extension of leases and permits logging road purposes on the re­ Administration for silica sands (in Nevada), sand vested Oregon and California Rail­ Part 6—I nventions and Patents and gravel (in Nevada), and miner­ road and reconveyed Coos Bay (G eneral)’ als on acquired lands other than Wagon Road grant lands in Oregon minerals subject to leasing under (P a rt 2 44)______5 Part 7—Employee I nventions the Mineral Leasing Act (Part 199) _ 10 3.4 T o w n sites; 2.6e Prospecting and mining permits 3.4a Recordation of transcripts of P art 8—I nventions R esulting F rom and leases for mineral deposits other plats, field notes, and statements R esearch G rants, F ellowship Awards, than oil, gas, oil shale, coal, phos­ filed in connection with townsites and Other R esearch Arrangements phate, potassium, sodium, and sul- ' platted by or for occupants under phur in acquired lands, except In­ The following parts are new. They dian lands, under the jurisdiction of R. S. 2382-2386; 43 U. S. C. 713-717 represent a revision of Department rules the Secretary of the Interior, and in . (Part 255)______5 and policies relating to inventions which acquired lands under the act of 3.4b Filing of notice of intention to are made by Department employees March 4, 1917 (39 Stat. 1134, 1150; 16 make proof of preemption claim in a having a relation to their official duties U. S. C. 520); Title II of the act of townsite platted by or for occupants or with some contribution from the June 16, 1933 ( 48 Stat. 195, 200, 202, under R, S. 2382-2386; 43 U. S. C. Government or which arise from re­ 205; 40 U. S. C. 401, 403 (a), and 713-717 (Part 255)______5 408); the act of April 18, 1935 (48 search or related activities assisted by Stat. 115, 118); section 55 of Title 1 * In addition to all other fees or charges grants or otherwise under programs ad­ of the act of August 24, 1935 (49 due or payable under the entry. ministered by the Department. Stat. 750, 781); the act of July 22, * The $10 service charge is also to entitle the transferee, mortgagee, or other encum­ P art 6—I nventions and P atents *In addition to the payment of 25 cents brancer to receive notice of any action taken (General) ? "\acr®: which is made at the time of filing by the Bureau of Land Management with S ec. applications as required by law. reference to the entry. 6.0 Definitions. 6748 RULES AND REGULATIONS

Sec. Licenses will be royalty-free, revocable him or them would be impracticable or 6.1 G eneral policy. and nonexclusive. Except in unusual inequitable, giving the reasons therefor. 6.2 Publication or patenting of inventions. cases when determined upon recom­ A person shall not be considered to be 6.3 Government-owned patents; licensing; dedication to the public. mendation of the head of the constituent a part-time employee or part-time con­ 6.4 Central records; confidentiality. organization that unconditional licensing sultant for this purpose unless the terms 6.5 Procedures relating to employee and would be contrary to the public interest, of his employment contemplate that he grantee inventions. licenses will be issued to all applicants shall work for less than the minimum 6.6 \Issuance of patents on non-fee basis; and will contain no limitations or stand­ number of hours per day, or less than a certification of public interest. ards relating to the quality of the prod­ minimum number of days per week, or Authority: §§6.0 to 6.6 issued under ucts to be manufactured, sold, or less than the minimum number of weeks Reorg. Plan No. 1 of 1953, 18 P. R. 2053; 3 distributed thereunder. To reduce the per year, regularly required of full-time CPR 1953 Supp. E. O. 10096, 15 P. R. 391; 3 need for individual license applications, employees of his class. CPR, 1950 Supp. patents held for unconditional licensing § 7.1 Duty of employee to report in­ § 6.0 Definitions. As used in Parts shall be dedicated to the public as may be feasible. ventions. Any Department employee is 6, 7, and 8 of this subtitle: required to report promptly to the con­ (a) “Department” means the Depart­ § 6.4 Central records; confidentiality. stituent organization in which he is em­ ment of Health, Education, and Welfare. Central files and records shall be main­ ployed any invention made by him (b) “Secretary” means the Secretary tained of all inventions, patents, and (whether or not jointly with others) of Health, Education, and Welfare. licenses in which the Department has an which bears any relation to his official (c) “Head of constituent organiza­ interest, together with a record of all duties or which was made in whole or tion” includes the Surgeon General of licenses issued by the Department under in any part during working hours, or the Public Health Service, the Commis­ such patents. Invention reports required with any contribution of Government sioner of Education, Commissioner of from employees or others for the purpose facilities, equipment, material, funds or Social Security, Commissioner of Pood of obtaining determinations of owner­ information, or of time or services of and Drugs, the Director of Vocational ship, and documents and information other Government employees on official Rehabilitation, and the Superintendent obtained for the purpose of prosecuting duty. Reports of inventions (except for of Saint Elizabeths Hospital. patent applications shall be confidential cases as to which it is decided by the § 6.1 General policy. Inventions de­ and shall be disclosed only as required appropriate office or constituent organi­ veloped through the resources and activi­ for official purposes or with the consent zation, with the concurrence of the De­ ties of the Department are a potential of the inventor. partment Patents Officer, that it does not resource of great value to the public § 6.5 Procedures relating to employee appear they are or may be patentable) health and welfare. It is the policy of and grantee inventions. The Depart­ shall be forwarded through appropriate the Department: ment Patents Officer, with the approval channels to the head of the office or con­ (a) To safeguard the public interest in of the Department Patents Board, and stituent organization having administra­ inventions developed by Department em­ the heads of constituent organizations tive jurisdiction over the inventor at the ployees, contractors and grantees with within their respective areas of responsi­ time the invention was made. There­ the aid of public funds and facilities; bility, are authorized to issue such pro­ after they shall be forwarded with the (b) To encourage and recognize indi­ cedures and bulletins and take such other related administrative recommendations vidual and cooperative achievement in actions as may be necessary or desirable and determinations to the Department research and investigations; and to supplement the provisions of Parts 7 Patents Officer. (c) To establish a procedure, consist­ and 8 of this subtitle. , § 7.2 Determination as to patentabil­ ent with pertinent statutes, Executive § 6.6 Issuance of patents on non-fee ity. Upon receiving a report of an em­ orders and general Government regula­ basis; certification of public interest. ployee invention, the head of the appro­ tions, for the determination of right? For the purpose of an application for a priate office or constituent organization and obligations relating to the patenting patent to issue under the non-fee pro­ shall make in writing the decision on of inventions. visions of the Patent Code (35 U. S. C. behalf of the Department as to whether § 6.2 Publication or patenting of in­ 266), a certification that an invention is the results of the research, development, ventions. It is the general policy of the used, or is likely to be used, in the pub­ or other activity constitute an invention Department that the results of Depart­ lic interest may be executed in behalf or inventions which may be patentable. ment research shoùld be made widely, of the Secretary by the head of the con­ § 7.3 Determination as to domestic promptly and freely available to other stituent organization having adminis­ rights. The determination of the owner­ research workers and to the public. trative jurisdiction over the inventor. ship of the domestic right, title, and This availability can generally be ade­ interest in and to an invention which is quately preserved by the dedication of a P art 7—Employee I nventions or may be patentable, made by a Govern­ Government-owned invention to the ment employee while under the adminis­ public through publication. Determina­ Sec. trative jurisdiction of the Department, tions to file a domestic patent applica­ 7.0 Who are employees. shall be made in writing by the head of tion on inventions in which the Depart­ 7.1 Duty of employee to report Inventions. 7.2 Determination as to patentability. the appropriate office or constituent or­ ment has an interest will be made only 7.3 Determination as to domestic rights. ganization, in accordance with the pro­ if the circumstances indicate that this 7.4 Option to acquire foreign rights. visions of Executive Order 10096 and is desirable in the public interest, and if 7.5 Determination as to patenting. Government-wide regulations issued it is practicable to do so. Department 7.6 Department review and determination. thereunder by the Chairman of the Gov­ determinations not to apply for a domes­ 7.7 Notice to employee of determination. ernment Patents Board, as follows: tic patent on employee inventions are 7.8 Employee’s right of appeal. (a) The Government as represented subject to review and approval by the A u t h o r i t y : §5 7.0 to 7.8 issued under by the Secretary shall obtain the entire Chairman of the Government Patents Reorg. Plan No. 1 of 1953, 18 P. R. 2053; 3 domestic right, title and interest in and Board. Except where deemed neces­ CPR, 1953 Supp. E. O. 10096, 15 P. R. 391; 3 CFR, 1950 Supp. to all inventions made by any Govern­ sary for protecting the patent claim, the ment employee (1) during working fact that a patent application has been § 7.0 Who are employees. As used in hours, or (2) with a contribution by the or may be filed will not require any de­ this part, the term “Government em­ Government of facilities, equipment, parture from normal policy regarding ployee” means any officer or employee, materials, funds, or information, or of the dissemination of the results of De­ civilian or military, except such part- time or services of other Government partment research. time employees or part-time consultants employees on official duty, or (3) which § 6.3 Government-owned patents; as may be excluded therefrom by a de­ bear a direct relation to or are made in licensing; dedication to the public. All termination made in writing by the head consequence of the official duties of the licenses under patents and pending of the employee’s office or constituent inventor. patent applications for the administra­ organization, pursuant to an exemption (b) In any case where the contribu­ tion of which the Department is respon­ approved by the Chairman of the Gov­ tion of the Government, as measured by sible shall be issued by the Secretary. ernment Patents Board, that to include any one or more of the criteria set forth Wednesday, September 14, 1955 FEDERAL REGISTER 6749 in paragraph (a) of this section, to the option within such period of time as may of Executive Order 10096 and regula­ invention is insufficient equitably to be provided by regulations issued by the tions issued thereunder, by filing a writ­ justify a requirement of assignment to Chairman of the Government Patents ten appeal with the Chairman, in quad­ the Government of the entire domestic Board, any application for a patent ruplicate, and a copy of the appeal with right, title, and interest in and to such which may be filed in such country or the Department Patents Officer, within invention, or in any case where the countries by the inventor or his assignee 30 days (or such longer period as the Government has insufficient interest in shall nevertheless be subject to a non­ Chairman may, for good cause, fix in any an invention to obtain the entire domes­ exclusive, irrevocable, royalty-free li­ case) after receiving written notice of tic right, title, and interest therein cense to the Government for all govern­ such determination. (although the Government could obtain mental purposes, including the power to issue sublicenses for use in behalf of the same under paragraph (a) of this sec­ P art 8—I n v e n t io n s R e s u l t in g P r o m tion, the Department, subject to the Government and/or in furtherance of the foreign policies of the Government. R e s e a r c h G r a n t s, F e l l o w s h i p approval of the Chairman, shall leave A w a rd s, and O t h e r R e s e a r c h A r ­ title to such invention in the employee, § 7.5 Determination as to patenting. r a n g e m e n t s subject, however, to the reservation to When the head of the appropriate office, Sec. the Government of a nonexclusive, or constituent organization determines 8.0 Policy. irrevocable, royalty-free license in. the in accordance with the provisions of 8.1 Conditions to be included in research invention with power to grant licenses §§ 7.3 and 7.4, that the Government has g ran ts. for air governmental purposes, such rights in a patentable invention: 8.2 Determination as to domestic rights. reservation, in the terms thereof, to ap­ (a) He shall also determine whether 8.3' Licenses to the Government. pear, where practicable, in any patent, the Department should seek to obtain a 8.4 Option to acquire foreign rights. domestic or foreign, which may issue on domestic patent thereon, or whether it 8.5 Arrangements other than grants; fel­ such invention, shall be published or other action taken low ships. (c) In applying the provisions of para- in the public interest, giving his reasons Authority: §§ 8.0 to 8.5 issued under graps (a) and (b) of this section, to the therefor; and Reorg. Plan No. 1 of 1053 (18 P. R. 2053; facts and circumstances relating to the (b) He shall further recommend in 3 CFR, 1953 Supp., E. O. 9865; 12 P. R. 3907; making of any particular invention, it writing whether the invention should re­ 3 CFR, 1947 Supp., E. O. 10096, 15 F. R. shall be presumed that an invention ceive foreign patent protection or be 391; 3 CFR, 1950 Supp. made by an employee who is employed or published abroad and, if affirmative, § 8.0 Policy, (a) The Department of assigned (1) to invent or improve or should specify the foreign jurisdictions Health, Education, and Welfare each perfect any art, machine, manufacture, in which action is recommended, giving year is expending large sums in the form or composition of matter, (2) to conduct reasons therefor, and should indicate, if of grants for research. These grants or perform research, development work, possible, its immediate or future indus­ are made primarily by the Public Health or both, (3) to supervise, direct, coordi­ trial, commercial, or other value, in­ Service in carrying out its broad respon­ nate, or review Government financed or cluding particularly its value to public sibility under the Public Health Service conducted research, development work, health. Act to promote and coordinate research or both, or (4) to act in a liaison capac­ in the field of health and to make avail­ ity among governmental or nongovern­ § 7.6 Department review and determi­ nation. The determination by the head able information concerning such re­ mental agencies or individuals engaged search and its practical application. in such work, falls within the provisions of an office or constituent organization of the ownership of domestic or foreign The scientific and technological ad­ of paragraph (a) of this section, and it vances attributable, in varying degrees shall be presumed that any invention rights in an invention by a Department employee shall constitute the decision of to this expenditure of public funds fre­ made by any other employee falls within quently include patentable inventions. the provisions of paragraph (b) of this the Department unless, upon review, the Department Patents Officer questions (b) The Department, as a matter of section. Either presumption may be re­ policy, takes the position that the results butted by the facts or circumstances at­ the consistency of the determination with applicable law or regulations or of research supported by grants of pub­ tendant upon the conditions under lic moneys should be utilized in the man­ which any particular invention is made with Department policy. Any question, unresolved after consultation with the ner which would best serve the public and, notwithstanding the foregoing, interest. It is believed that the public shall not preclude a determination that originating unit, will be submitted by the Department Patents Officer to the interest will in general be best served if the invention falls within the provisions inventive advances resulting therefrom of paragraph (d) of this section. Department Patents Board which shall either affirm or reverse the determina­ are made freely available to the Gov­ (d) In any case wherein the Govern­ ernment, to science, to industry, and to ment neither (1) obtains the entire do­ tion or return the same to the head of the constituent organization or office for the general public. mestic right, title and interest in and to (c) On the other hand, in some cases an invention pursuant to the provisions further action. If the Board proposes to determine, or to approve a determina­ it may be advisable to permit a utiliza­ of paragraph (a) of this section, nor tion of the patent process in order to (2) reserves a nonexclusive, irrevocable, tion, that the invention shall be required to be assigned to the Government, it foster an adequate commercial develop­ royalty-free license in the invention, ment to make a new invention widely with power to grant licenses for all gov­ may in its discretion afford the em­ ployee an opportunity of a hearing. available. Moreover, it is recognized ernmental purposes, pursuant to the that inventions frequently arise in the provisions of paragraph (b) of this sec­ course of research activities which also tion, the Government shall leave the en­ § 7.7 Notice to employee of determi­ nation. The appropriate office or con­ receive substantial support from other tire right, title and interest in and to the sources, as well as from the Federal invention in the Government employee, stituent organization shall notify each subject to law. employee-inventor in writing, of the grant. It would not be consistent with Department’s determination and of his the cooperative nature of such activities § 7.4 Option to acquire foreign rights. right of appeal, if any. In the case of to attribute a particular invention pri­ In any case where it is determined that determinations made by the Department marily to support received from any one all domestic rights should be assigned to Patents Board, the notification shall be source. In all these cases the Depart­ the Government, it shall further be de­ made by the Department Patents Officer. ment has a responsibility to see that the termined, pursuant to Executive Order Notice need not be given if the em­ public use of the fruits of the research 9865 and Government-wide regulations ployee stated in writing that he would will not be unduly restricted or denied. issued thereunder, that the Government (d) The following conditions have been shall reserve an option to require the agree to the determination of ownership which was in fact made. adopted to govern the treatment of in­ assignment of such rights in all or in any ventions made in these various types specified foreign countries. In case § 7.8 Employee’s right of appeal. An of situations. They are designed to af­ where the inventor is not required to employee who is aggrieved by a determi­ ford suitable protection to the public in­ assign the patent rights in any foreign nation of the Department may appeal to terest while giving appropriate recogni­ country or countries to the Government, the Chairman of the Government tion to the legitimate interests of others or the Government fails to exercise its Patents Board, pursuant to section 4 (d) who have contributed to the invention. No. 179— i 6750 RULES AND REGULATIONS

§ 8.1 Conditions to "be included in re­ for royalty-free and nonexclusive li­ inventor is not required to assign the search grants. Subject to legislative di­ censing, the effectuation of these results patent rights in any foreign country or rectives or Executive orders providing may be left to the grantee. countries to the Government, or the otherwise, all grants in aid of research (b) If he finds that the invention will Government fails to exercise its option shall provide as a condition that any thereby be more adequately and quickly within such period of time as may be invention arising out of the activities developed for widest use and that there provided by regulations issued by the assisted by the grant shall be promptly are satisfactory safeguards against un­ Chairman of the Government Patents and fully reported, and shall provide, as reasonable royalties and repressive prac­ Board, any application for a patent the head of the constituent unit may tices, the invention may be assigned to a which may be filed in such country or determine, either competent organization for development countries by the inventor or his assignee (a) That the ownership and manner and administration for the term of the shall nevertheless be subject to a non­ of disposition of all rights in and to such patent or such lesser period as may be exclusive, irrevocable, royalty-free li­ invention shall be subject to determina­ deemed necessary. cense to the Government for all govern­ tion by the head of the constituent unit (c) If he finds that the interest of an­ mental purposes, including the power to responsible for the grant, or other contributing Government agency sublicense for all governmental purposes. (b) That the ownership and disposi­ is paramount to the interest of the De­ § 8.5 Arrangements other than grants; tion of all domestic rights shall be left partment of Health, Education, and Wel­ fellowships. In the event of an invention for determination by the grantee insti­ fare, or when otherwise legally required arising from research activities assisted tution in accordance with the grantee’s or in the public interest, the invention may be left for disposition by that agency by the Department, other than inven­ established policies and procedures, with tions by Government employees or in­ such modifications as may be agreed in accordance with its own policy. (d) In all other cases, he shall require ventions arising from activities assisted upon and specified in the grant, pro­ by a research grant, ownership thereof vided the head of the constituent unit that all domestic rights in the invention shall be assigned to the United States un­ shall be governed by the terms of the finds that these are such as to assure agreement or contract and shall be in that the invention will be made available less he determines that the invention is of such doubtful importance or the Gov­ accordance with any applicable law or without unreasonable restrictions or ex­ regulation. In the discretion of the head cessive royalties, and provided the Gov­ ernment’s equity in the invention is so minor that protective measures, except of the responsible constituent organiza­ ernment shall receive a royalty-free li­ tion, tiie award of a fellowship to a per­ cense, with a right to issue sublicenses as as provided in § 8.3, are not necessary in the public interest. son not a Government employee, as so provided in § 8.3, under any patent defined, may provide for the reporting of applied for or obtained upon the inven­ § 8.3 Licenses to the Government. any invention made during the term tion. Any arrangement or determination as to thereof, and for its disposition in accord­ (c) Wherever practicable, any ar­ the disposition of rights in inventions ance with the provisions of paragraph rangement with 'the grantee pursuant to pursuant to § 8.1 or § 8.2 shall require (a) of § 8.1, or for its disposition by the paragraph (b) of this section shall pro­ that there be reserved under any patent institution at which the research was vide in accordance with Executive Order application or patent thereon, domestic performed in accordance with its estab­ 9865 that there be reserved to the Gov­ or foreign, a nonexclusive, irrevocable, lished policies, if applicable to such an ernment an option, for a period to be royalty-free license to the Government invention, which (with any agreed modi­ prescribed, to file foreign patent appli­ with power to sublicense for all govern­ fications of such policies) meet the re­ cations upon the invention. mental purposes. quirements of paragraph (b) or (c) of such section. § 8.2 Determination as to domestic § 8.4 Option to acquire foreign rights. rights. Rights in any invention not In any case where it is determined that Since these parts deal with matters of subject to disposition by the grantee pur­ internal management or personnel, and suant to paragraph (b) of § 8.1 are for all domestic rights should be assigned to with grants, benefits, or contracts, notice determination by the head of the con­ the Government, there shall be reserved of proposed rule-making is not required. to the Government, pursuant to Execu­ stituent organization as follows: Dated: September 8,1955. (a) If he finds that there is adequate tive Order 9865 and Government-wide assurance that the invention will either regulations issued thereunder, an option [ se a l] R o s w e l l B. P e r k in s , be effectively dedicated to the public, or to require the assignment of all rights in Acting Secretary. that any patent which may be obtained the invention in all or in any specified [F. R. Doc. 55-7385; Piled, Sept. 13, 1955; thereunder will be generally available foreign countries. In any case where the 8:45 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF THE TREASURY days from the date of publication of this or more taxable lubricating oils with notice in the F ederal R e g is t e r . The used or waste lubricating oil which has Internal Revenue Service proposed regulations are to be issued un­ been cleaned, renovated, or refined. der the authority contained in sections P aragraph 1. Section 314.40 of R e g u ­ [26 CFR (1939) Part 3141 3450 and 3791 of the Internal Revenue lations 44 (1944 edition) (26 CFR (1939) Code of 1939 <53 Stat. 419, 467; 26 U. S. C. Part 314) and § 314.40 of such re g u la ­ T ax o n R ec l a im ed L u b r ic a t in g O il s 3450, 3791) and section 7805 of the Inter­ tions as prescribed and made applicable NOTICE OF PROPOSED RULE MAKING nal Revenue Code of 1954 (68A Stat. 917; to the Internal Revenue Code of 1954 by 26 U. S. C. 7805). Treasury Decision 6091, signed A u g u st Notice is hereby given, pursuant to the 16, 1954, are each amended as follows: Administrative Procedure Act, approved [ s e a l ] O. G o r d o n D e l k , June 11, 1946, that the regulations set Acting Commissioner (A) Paragraph (c) (26 CFR (1939) forth in tentative form below are pro­ of Internal Revenue. 314.40 (c)) is amended by adding the posed to be prescribed by the Commis­ word “and” after the comma at the end sioner of Internal Revenue, with the ap- This Treasury decision amends Regu­ of subparagraph (1), and by changing approval of the Secretary of the Treas­ lations 44, relating to the taxes on gaso­ the comma after the words “with other ury. Prior to the final adoption of such line, lubricating oil, and matches,' to ex­ substances” in subparagraph (2) to a regulations, consideration will be given clude from the term “manufacturer”, as period and striking the remainder of the to any data, views, or arguments pertain­ used therein in connection with the sale paragraph, so that paragraph (c) as so ing thereto which are submitted in writ­ or use of lubricating oil, (1) a person amended will read as follows: ing, in duplicate, to the Commissioner of who merely cleans, renovates, or refines (c) The term “manufacturer’* in­ Internal Revenue, Attention: T:P, Wash­ used or waste lubricating oil, or (2) a cludes (1) any person who produces lu­ ington 25, D. C., within the period of 30 person who merely blends or mixes one bricating oil by any process of manufac- Wednesday, September 14, 1955 FEDERAL REGISTER 6751 turing, refining, or compounding, or any F. R. 6340) , Is hereby extended until comments may be filed within 10 days manipulation involving substantially September 19, 1955. from the last day for filing said original more than mere mixing of taxable oils, Dated: September 9, 1955. comments or briefs. No additional com­ and (2) any person who produces lubri­ ments may be filed unless (1) specifically cating oil by mixing taxable oils with F . R . B u r k e , requested by the Commission or (2) good other substances." Acting Deputy Administrator. cause for the filing of such additional (B) Paragraph (d) (26 CFR (1939) [F. R. Doc. 55-7423; Filed, Sept. 13, 1955; comments is established. The Commis­ 314.40 (d)) is amended by inserting 8:52 a. m.] t sion will consider such comments before “(1)” after the words “does not include”, taking final action in this matter, and and by changing the period at the end if any comments appear to warrant the of the paragraph to a comma and adding FEDERAL COMMUNICATIONS holding of a hearing or oral argument, notice of the time and place of such after such comma the words “(2) a per­ COMMISSION son who merely cleans, renovates, or re­ hearing or oral argument will be given. fines used or waste lubricating oil, or I 47 CFR Part 3 3 7. In accordance with the provisions (3) a person who merely blends or mixes of § 1.764 of the Commission’s Rules and one or more taxable lubricating oils with [Docket No. 11499; FCC 55-940] Regulations, an original and 14 copies used or waste lubricating oil which has T e l e v is io n B roadcast S t a t io n s of all statements, briefs, or comments shall be furnished the Commission. been cleaned, renovated, or refined.”, so TABLE OF ASSIGNMENTS that paragraph (d) as so amended will Adopted: September 8, 1955. read as follows: 1. Notice is hereby given that the Com­ mission has received a proposal for rule Released: September 9, 1955. (d) The term “manufacturer” does making in the above-entitled matter. F ederal C ommunications not include (1) a person who merely 2. The Commission has before it for blends or mixes two or more taxable C o m m is s io n , consideration a petition filed on June [ s e a l ] M ary J a n e M o r r is , lubricating oils, (2) a person who merely 17, 1955, by the WGR Corporation, per­ Secretary. cleans, renovates, or refines used or waste mittee of Channel 2 (WGR-TV), Buffalo, lubricating oil, or (3) a person who New York, requesting it to amend the [F. R. Doc. 55-7411; ïhed, Sept. 13, 1955; merely blends or mixes one or more tax­ Table of Assignments in Section 3.606 of 8:50 a. m.] able lubricating oils with used or waste its Rules and Regulations, by assigning lubricating oil which has been cleaned, Channel 26 to Shinglehouse, Pennsyl­ renovated, or refined. vania, and Channel 37 to Clymer, New Par. 2. The amendments made by York, pnd by deleting Channel 37 from [ 47 CFR Part 11 3 paragraph 1 of this Treasury decision Meadville, Pennsylvania, and replacing [Docket No. 11435; FOC 55-933] to § 314.40 of Regulations 44 (1944 edi­ it with Channel 62, as follows: tion) (covering the period beginning P o w e r R ad io S e r v ic e ; E l ig ib il it y November 7, 1944, and ending December Channel No. EXTENSION OF TIME FOR FILING COMMENTS 31, 1954, inclusive) and to § 314.40 of City such regulations as made applicable to Present Proposed 1. Notice of Further Proposed Rule the Internai Revenue Code of 1954 (cov­ Making is hereby given in the above en­ ering the period after December 31,1954) 26+ titled matter. are hereby made applicable to the pe­ ClyTrier, NT Y 37 2. The Commission’s Notice of Pro­ riods prior to November 7, 1944 (such Meadville, Pa______37 62+ posed Rule Making in this Proceeding periods being covered by Regulations 44 was adopted June 29,1955, and stipulated (1932, 1934, and 1939 editions)). This proposal will require changing the that comments with respect to the pro­ [F. R. Doc. 55-7408; Filed, Sept. 13, 1955; carrier offset of the assignment to posal should be filed on or before Septem­ 8:49 a. m.] Frederick, Maryland, from Channel 62 ber 16, 1955. plus to Channel 62 even. 3. The National Committee for Utili­ 3. In support of the proposed amend­ ties Radio (NCUR), in a petition dated DEPARTMENT OF AGRICULTURE ments, petitioner submits that there are August 20, 1955, has requested an exten­ no assignments to Shinglehouse and sion of time to December 2, 1955, for fil­ Agricultural Marketing Service Clymer and notes that the proposals ing comments. The petition also re­ would conform to the Commission’s quests the Commission to issue a Further [ 7 CFR Part 1004 3 Rules and Standards. Petitioner rep­ Notice of Proposed Rule Making so as to resents that if the proposed assignments “provide more of the Commission’s [Docket No. AO-271] are made, it will file applications for the rationale in presenting this particular H andling o f M il k i n C en t ra l A r iz o n a frequencies at Shinglehouse and Clymer. proposal”. The petition states that the M a r k e t in g A reâ 4. The Commission is of the view that NCUR is currently compiling informa­ rule-making proceedings should be in­ tion which will be of assistance to the n o tic e o f e x t e n s io n o f t im e f o r f il in g stituted in this matter in order that Commission in regard to its proposal. EXCEPTIONS TO RECOMMENDED DECISION interested parties may submit their 4. The subject petition has been con­ WITH RESPECT TO PROPOSED MARKETING views to the Commission and the Com­ sidered by the Commission. It appears AGREEMENT AND ORDER mission may be apprised of such views that the public interest will be served prior to taking further action. by granting the request for additional Pursuant to the provisions of the 5. Authority for the adoption of the information. As set forth below, the Agricultural Marketing Agreement Act proposed amendment is contained in Commission is relating the considera­ of 1937, as amended (7 U. S. C. 601 et Sections 4 (i), 301, 303 (c), (d), (f), tions leading up to this proposal. It also seq.), and the applicable rules of prac and (r) and 307 (b) of the Communica­ appears that the public interest will be lice and procedure governing the formu tions Act of 1934, as amended. served by granting an extension of time lation of marketing agreements an 6. Any interested party who is of the for the filing of comments, the current orders (7 CFR Part 900), notice is hereb opinion that the amendments proposed expiration date for which is now Septem­ given that the time for filing exception by petitioner should not be adopted, or ber 16,1955. However, it is believed that io the recommended decision of th should not be adopted in the form set an extension of time from September 16 Deputy Administrator, Agricultural Mar forth herein, may file with the Commis­ to November 2, instead of December 2, keting Service, United States Depart sion on or before October 14, 1955, a 1955, as requested, is a reasonable amount ment of Agriculture, with respect to written statement or brief setting forth of time to permit completion of the chan­ proposed marketing agreement and or­ his comments. .Comments in support of nel loading study and forecast described der regulating the handling of milk in the proposed amendments may also be by the NCUR. the Central Arizona marketing arèa filed on or before the same date. Com­ 5. The proposed amendment to the which was issued August 25, 1955 (20 ments or briefs in reply to the original Rules is issued pursuant to the authority 6752 PROPOSED RULE MAKING of sections 303 (c), Cf) and (r) of the dustries are public utilities and the main­ The PoWer Radio Service has developed an Communications Act' of 1934, as tenance of public communication circuits is unofficial national geographical assignment of the same order of importance to the public plan. In general, public utilities cooperate amended. welfare as the maintenance of power circuits and coordinate in the planned assignment 6. It is ordered, That the date stipu­ and water and gas utility lines. Also, the of frequencies to their mobile systems so as lated for filing comments in the Com­ maintenance of power, water and gas facili­ to permit the greatest' amount of inter­ mission’s Notice of Proposed Rule Mak­ ties, to no small degree, depends upon proper ference-free service. Inasmuch as com­ ing in this proceeding adopted June 29, maintenance of public communication facili­ munications common carriers are public 1955, is hereby extended to November 2, ties. utilities, generally operating in the same 1955; and The type of service which would be ren­ areas as other public utilities, it would 7. It is further ordered, That the date dered by construction, repair and mainte­ appear that, through mutual considerations for filing comments in reply to original nance mobile systems of common carriers is of one anothers’ problems, all of these users, the same as that being rendered by other including the common carriers, can continue comments is extended to November 14, public utilities licensed in the Power Radio the existing frequency coordination pro­ 1955. Service. Therefore, the Commission’s propo­ cedures being maintained in the Power Radio Adopted: September 7, 1955. sal retains the operational characteristics of Service. the frequencies now being utilized in this There is no intention, inherent or implied, Released; September 8,1955. service. in the existing proposal, which in any way Sharing of Domestic Public frequencies was leads up to the possibility of perm itting pub­ F ederal C ommunications not considered an appropriate solution be­ lic correspondence on the frequencies avail­ C o m m is s io n , cause these are available only to stations able to the Power Radio Service. Public [ se a l ] M ary J a n e M o r r is , open td public correspondence. correspondence on such frequencies would Secretary, The Commission proposed in Docket 9703 be considered to be entirely incompatible to permit right-of-way construction use of with the Power Radio Service use of these F a c t o r s C o n s id e r e d b y F e d e r a l C o m m u n i c a ­ frequencies. ~ t i o n s C o m m i s s i o n i n C o n n e c t i o n w i t h Speciàl Industrial frequencies and suggested that Part 6 could be amended to provide for Further, the Notice of Proposed Rule Mak­ P r o p o s e d A m e n d m e n t s t o P a r t 1 1 of C o m ­ other, maintenance uses by common carriers. ing goes only to the point of making the m i s s i o n ’s R u l e s If this plan were to be followed, two separate communications common carriers eligible in Except for the fact that telephone lines mobile systems might be required in given the Power Radio Service. The saturation carry energy in the form of intelligence instances for the common carrier mainte­ of some existing Power Radio Service assign­ rather than in the form of power, there is nance and construction operation. This ments and the degradation which might re­ little difference between telephone outside would double the frequency requirements in sult from additional assignments are sepa­ plant and electric power outside plant. Both any area, since the right-of-way operations rate matters which are under active study industries utilize open-wire lines, cables and would require one set of frequencies in the and will not be prejudiced by the proceed­ ings in this Docket. underground transmission lines. In fact, industrial bands and the plant maintenance both industries, in many instances, use the operations would require another set in the [F. R. Doc. 55-7412; Filed, Sept. 13, 1955; same pole lines and rights-of-way. • Both in­ Domestic Public bands. 8:50 a. m.]

NOTICES

DEPARTMENT OF AGRICULTURE proval of the requisite number of pro­ National Park Service ducers. The agreement will be put into Commodity 'Stabilization Service and effect in accordance with the provisions [O rder 14, A rndt. 1] Commodity Credit Corporation thereof. R eg io n a l D ir e c t o r s (Sec. 70S, 68 Stat. 912; 7 U. S. C. 1787) P r o d u c er s o f S h e e p and W o o l delelgations o f a u t h o r it y w i t h respect Done at Washington, D. C., this 9th DETERMINATION OF PRODUCERS’ APPROVAL TO ADMINISTRATION, OPERATION, AND DE­ ON REFERENDUM day of September 1955. VELOPMENT OF CERTAIN AREAS Pursuant to section 708 of the National [ se a l ] E arl L. B u t z , (1) The first sentence of section 1 of Wool Act of 1954.(7 U. S. C. 1787), a Acting Secretary. Order No. 14, approved December 1,1954 referendum was held among producers [.’. R. Doc. 55-742Î; Filed, Sept. 13, 1955; (19 F. R. 8824), from the beginning of of sheep and wool in the United States 8:52 a. m.] the sentence to the colon, is amended to determine whether they approved an to read as follows: agreement by the Secretary of Agricul­ Section 1. The Regional Directors of ture with the American Sheep Producers DEPARTMENT OF THE INTERIOR the National Park Service, in the admin­ Council, Inc., for developing and con­ Office of the Secretary istration, operation, and development of ducting advertising and sales promotion the areas and offices in thé Regions programs and for deductions from pay­ [Order 2801] under their supervision, and the Super­ ments to such producers pursuant to intendent, National Capital Parks, in the .that act. Notice of the referendum (20 C ommissioner o f S o c ia l W e l f a r e o f V ir g in I sla nd s administration, operation, and develop­ F. R. 4452, 497(1), issued on June 22,1955, ment of the areas and offices under his included a copy of the agreement. designation t o act as g o v ernor supervision, are authorized to exercise In the referendum held pursuant to S e p t e m b e r 7, 1955. all of the authority now or hereafter the notice, 71.27 percent of the voting S e c t io n 1. Designation. ■ In the case vested in the Director, except with re­ producers who during any one period of spect to the following matters: 30 consecutive days since January . 1, of a vacancy in the offices, or the dis­ ability or temporary absence, of both the (2) Section 1(1) is amended to read 1955, and prior to their casting the bal­ as follows : * lot, which is a representative period of Governor and the Government Secretary production, were engaged in the United of the Virgin Islands, the Commissioner (i) Execution and 'termination of con­ States in the production for market of of Social Welfare of the Virgin Islands cession contracts and permits in excess sheep and wool, voted in favor of the shall act as Governor, and he shall have of five years and approval of transfers agreement and those voting in favor all the powers of the Governor for so long as such condition continues. of corporate stock, except stock trans­ owned 71.98 percent of the sheep owned fers involving bathhouses in Hot Springs by all the voting producers. S e c . 2. Revocation. Order No. 2796 National Park which do not involve a Accordingly, I hereby determine that (20 F. R. 5905) is revoked. in said referendum more than two-thirds change in ownership in more than 15 of the total number of producers and (Sec. 15, act of July 22, 1954, 68 Stat. 497, per cent of the outstanding stock and more than two-thirds of the total volume 504; 48 U. S. Ç. A. sec. 1596) will not vest in the transferee more than of production represented in the référ­ D ou g la s M cK ay, 50 per cent of . the outstanding stock of a endum indicated approval of the agree­ Secretary of the Interior. bathhouse, or involve an interest in more ment as required in said act, and that [F. R. Doc. 55-7382; Filed, Sept. 13, 1955; than one bathhouse. therefore the agreement has the ap­ 8:45 a. m.l Wednesday, September 14, 1955 FEDERAL REGISTER 6753

(Secretary’s Order No. 2640; 39 Stat. 535; 16 pertinent orders of the Board, and the [FCC 55-935; Arndt. 0-10] U. S. C. 1952 ed., sec. 2) prehearing conference report, all of C h ie f H ea r in g E x a m in e r which are on file with the Civil Aero­ [SEAL] H il l o r y A . T o l s o n , Acting Director. nautics Board. d el eg a tio n o f c e r t a in authorities p r e s ­ Notice is further given that any per­ e n t l y delegated to m o t io n s c o m m is ­ [F. R. Doc. 55-7381; Filed, Sept. 13, 1955; son, other than a party of record, desir­ s io n e r 8:45 a. m.] ing to be heard in this proceeding must At a session of the Federal Commu­ file with the Board, on or before Sep­ nications Commission held at its offices tember 19, 1955,- a statement setting in Washington, D. C., on the 7th day of CIVIL AERONAUTICS BOARD forth the issues of fact or law upon which September 1955; he desires to be heard. [Docket Nos. 6597, 6749] The Commission having under con­ Dated at Washington, D. C., Septem­ sideration the delegation to the Acting C o n t in e n t a l A ir L in e s , I n c . ber 8, 1955. Chief Hearing Examiner of certain au­ thorities presently delegated to the Mo­ NOTICE OF HEARING [ s e a l ] T h o m a s L. W r e n n , Acting Chief Examiner. tions Commissioner, and related mat­ In the matter of the application of ters; and Continental Air Lines, Inc., under sec­ [F. R. Doc. 55-7374; Filed, Sept. 9, 1955; It appearing that the amendment tion 401 of the Civil Aeronautics Act . of 8:52 a. m.] herein ordered would be in aid of orderly 1938, as amended, for amendment of its administrative procedure; and certificate of public convenience and It further appearing that the amend­ necessity for route No. 29 authorizing FEDERAL COMMUNICATIONS ment herein is procedural in nature and, service beyond San Antonio, Texas, to COMMISSION therefore, compliance with .the public the terminal point Houston, Texas, [Docket No. 11468; FCC 55-938] notice and rulemaking procedure re­ Docket No. 6597; and in the matter of quired by sections 4 (a) and (b) of the Board investigation re Braniff-TWA C l a ss B FM B roadcast S t a t io n s Administrative Procedure Act is not interchange at Amarillo, Texas, Docket REVISED TENTATIVE ALLOCATION PLAN, required; No. 6749. AMENDMENT It is ordered That pursuant to sections Notice is hereby given, pursuant to the 4* (i) and 303 (r) of the Communications Civil Aeronautics Act of 1938, as At a session of the Federal Communi­ Act, as amended, and section 3 (a) of amended, particularly sections 205 (a), cations Commission held at its offices in the Administrative Procedure Act, Part 401, 404 (a), 408, 412, 1001, and 1002 (i), Washington, D. C., on the 8th day of O of the Commission’s rules is hereby that a heating in the above-entitled pro­ September, 1955; amended, as follows, effective immedi­ ceeding will be held on September 19, The Commission having under consid­ ately:. 1955, at 10:00 a. m., e. d. s. t., in Confer­ eration a proposal to amend its Revised Section 0.222 (c) which provides that ence Room A, Departmental Auditorium, Tentative Allocation Plan for Class B FM Broadcast Stations; and in the absence of the Chief Hearing Ex­ Twelfth Street and Constitution Ave. aminer the Motions Commissioner will NW., Washington, D. C., before Ex­ It appearing, That Notice of Proposed Rule Making (FCC 55-842) setting forth discharge the several functions specified aminer Ferdinand D. Moran. in section 0.224 is hereby deleted. Without limiting the scope of the the above amendment was issued by the Commission on July 29^ 1955 and was duly Section 0.224 is hereby amended to issues to be considered, particular atten­ read as follows: tion will be directed to the following published in the F ederal R e g is t e r (20 matters: F. R. 5597), which notice provided that Sec. 0.224 Authority delegated. The 1. Does the public convenience and interested parties might file statements Chief Hearing Examiner, or in his ab­ necessity require the provision of or briefs with respect to the said amend­ sence the Acting Chief Hearing Exam­ through service between Texas and Cali­ ment on or before August 26,1955 ; and iner, shall act upon the following fornia points by interchange of equip­ It further appearing, That no com­ matters: * * *. ment at Amarillo, Texas, between Braniff ments were received either favoring or Airways, Inc., and Trans World Airlines, opposing the proposed allocation; Released: September 9, 1955. Inc.? It further appearing, That the adop­ F ederal C ommunications 2. Does the public convenience and tion of the proposed amendment would C o m m is s io n , necessity require the amendment of the enable the assignment of Channel No. [s e a l ] M aR y J ane M o r r is , certificate of public convenience and 280 to a proposed new FM broadcast sta­ Secretary. necessity of Continental Air Lines, Inc., tion in Princeton, New Jersey; to permit it to serve Houston, Texas, on It further appearing, That authority [F. R. Doc. 55-7414; Filed, Sept. 13, 1955; segment 2 of route No. 29 on either a for the adoption of the proposed amend­ 8:51 a. m.j permanent basis or for a temporary ment is contained in Sections 4 (i), 301, 303 (c), (d), (f), and (r), and 307 (b) of period of five years, subject to the restric­ the Communications Act of 1934, as FEDERAL POWER COMMISSION tion that Continental shall serve Houston, amended. [Docket No. G-3210] Texas, only upon through plane flights It is ordered, That effective immedi­ operated between Houston and points ately, the Revised Tentative Allocation S outheastern G as C o . west of El Paso on route 4 pursuant to Plan for Class B FM Broadcast Stations NOTICE OF APPLICATION AND 'DATE OF interchange agreement between Conti­ is amended as follows in respect to the HEARING nental and American Airlines, Inc., ap­ city of Philadelphia, Pennsylvania; S e p t e m b e r 7, 1955. proved by the Board, and that Conti­ Channel Take notice that Southeastern Gas nental shall not serve any point between Company (Applicant), a Delaware cor- San Antonio and El Paso, Texas, on any General area Delete Add portion whose address is' Charleston, such flight? West Virginia, filed on September 27, 3. Whether Continental is fit, willing 1954, as supplemented on July 5, 1955, and able to perform properly the air 279 an application for a certificate of public transportation requested in its applica­ convenience and necessity pursuant to tion, and to conform to the provisions Released: September 9, 1955. Section 7 of the Natural Gas Act, author­ of the Civil Aeronautics Act of 1938, as F ederal C ommunications izing Applicant to render service as here­ amended, and the rules, regulations and C o m m is s io n , inafter described, subject to the jurisdic­ requirements of the Board thereunder. [ se a l ] M ary J a n e M o r r is , tion of the Commission, all as more fully For further details of the issues in­ Secretary. represented in the application which is volved in this proceeding interested per­ [F. R. Doc. 55-7413; Filed, Sept. 13, 1955; on file with the Commission and open sons are referred to the application, the 8:51 a. m.j for public inspection. 6754 NOTICES

Applicant sells natural gas produced the applicable rules and regulations and volved in and the issues presented by from various fields in Kentucky and to that end: such application: Provided, however, West Virginia to United Fuel Gas Com­ Take further notice that, pursuant to That the Commission may, after a non- pany and Godfrey L. Cabot, Inc., as set the authority contained in and subject contested hearing, dispose of the pro­ forth in its application herein, for trans­ to the jurisdiction conferred upon the ceedings pursuant to the provisions of portation in interstate commerce for Federal Power Commission by sections section 1.30 (c) (1) of the Commission’s resale. 7 and 15 of the Natural Gas Act, and the rules of practice and procedure. This matter is one that should be dis­ Commission’s rules of practice and pro­ Protests or petitions to intervene may posed of as promptly as possible under cedure, a hearing will be held on October be filed with the Federal Power Com­ the applicable rules and regulations and 10, 1955, at 9:40 a. m., e. s. t., in a Hear­ mission, Washington 25, D. C., in accord­ to that end: ing Room of the Federal Power Commis­ ance with the rules of practice and Take further notice that, pursuant to sion, 441 G Streét NW., Washington, procedure (18 CFR 1.8 or 1.10) on or the authority contained in and subject D. C., concerning the matters involved in before September 26, 1955. Failure of to the jurisdiction conferred upon the and the issues presented by such appli­ any party to appear at and participate Federal Power Commission by sections cation: Provided, however, That the in the hearing shall be construed as 7 and 15 of the Natural Gas Act, and the Commission may, after a non-contested waiver of and concurrence in omission Commission’s rules of practice and pro­ hearing, dispose of the proceedings pur­ herein of the intermediate decision pro­ cedure, a hearing will be held on Octo­ suant to the provisions of section 1.30 cedure in cases where a request therefor ber 10, 1955, at 9:35 a. m., e. s. t., in a (c) (1) Or (c) (2) of the Commission’s is made. Hearing Room of the Federal Power rules of practice and procedure. Commission, 441 G Street NW., Wash­ Protests or petitions to intervene may [ s e a l ] L e o n M . F u q u a y , ington, D. C., concerning the matters in­ be filed with the Federal Power Commis­ Secretary. volved in and the issues presented by sion, Washington 25, D. C., in accordance [F. R. Doc. 55-7390; Filed, Sept. 13, 1955; such application: Provided, however, with the rules of practice and procedure 8:46 a. m.] That the Commission may, after a non- (18 CFR 1.8 or 1.10) on or before Septem­ contested hearing, dispose of the pro­ ber 22,1955. Failure of any party to ap­ ceedings pursuant to the provisions of pear at and participate in the hearing section 1.30 (c) Cl) or (c) (2) of the will be .construed as waiver of and con­ [Docket No. G-5983] Commission’s rules of practice and pro­ currence in omission herein of the inter­ H arvey E . W a sso n cedure. mediate decision procedure in cases Protests or petitions to intervene may where a request therefor is made. NOTICE OF APPLICATION AND DATE OF HEARING be filed with the Federal Power Commis­ [ s e a l ] L e o n M . F u q u a y , sion, Washington 25, D. C., in accord­ Secretary. S e p t e m b e r 7, 1955. ance with the rules of practice and pro­ Take notice that Harvey E. Wasson, cedure (18 CFR 1.8 or 1.10) on or before [F. R. Doc. 55-7389; Filed, Sept. 13, 1955; 8:46 a. m.] individually and as Attorney in fact for September 22, 1955. Failure of any Henryetta H. Grothe and Ford Oil Cor­ party to appear at and participate in poration (Applicant), whose address is the hearing shall be construed as waiver 107 East College, Longview, Texas, filed of and concurrence in omission herein [Docket No. G-5939] on November 26, 1954, an application for of the intermediate decision procedure in a certificate of public convenience and cases where a request therefor is made. P o in t C o r p . necessity, pursuant to Section 7 of the [ se a l ] L e o n M . F u q u a y , NOTICE OF APPLICATION AND DATE Natural Gas Act, authorizing Applicant Secretary. OF HEARING to render service as hereinafter de­ scribed, subject to the jurisdiction of the [F. R. Doc. 55-7388; Filed, Sept. 13, 1955; S e p t e m b e r 7, 1955. Commission, all as more fully repre­ 8:46 a. m.] Take notice that Point Corporation sented in the application which is on file (Applicant), a Texas corporation whose with the Commission and open for pub­ address is P. O. Box 13237, Houston 19, lic inspection. Texas, filed on November 26, 1954, an Applicant produces natural gas from [Docket No. G—3245] application for a certificate of public the Rodessa Field of Marion County, C u m b erl a n d G as C o r p . convenience and necessity, pursuant to Texas, and sells it in interstate commerce section 7 of the Natural Gas Act, au­ to the Arkansas-Louisiana Gas Company NOTICE OF APPLICATION AND DATE OF thorizing Applicant to render service as for resale. HEARING hereinafter described, subject to the ju­ This matter is one that should be dis­ risdiction of the Commission, all as more posed of as promptly as possible under S e p t e m b e r 7, 1955. fully represented in the application the applicable rules and regulations, and Take notice that Cumberland Gas which is on file with the Commission to that end: Corporation (Applicant), a West Virginia and open for public inspection. Take further notice that, pursuant to corporation whose address is Charleston, Applicant proposes to sell in inter­ the authority contained in and subject West Virginia, filed on September 27, state commerce its portion of the natu­ to the jurisdiction conferred upon the 1954, an application for a certificate of ral gas produced from wells in the North Federal Power Commission by sections 7 public convenience and necessity pur­ Mathis Gas Field of San Patricio and 15 of the Natural Gas Act, and the suant to section 7 of the Natural Gas Act, County, Texas, to the United Gas Pipe Commission’s rules of practice and pro­ authorizing Applicant to render service Line Company for resale. cedure, a hearing will be held on October as hereinafter described, subject to the This matter is one that should be dis­ 7,1955, at 9:40 a. m., e. s. t., in a Hearing jurisdiction of the Commission, all as posed of as promptly as possible under Room of the Federal Power Commission, more fully represented in the applica­ the applicable rules and regulations, and 441 G Street NW., Washington, D. C., tion which is on file with the Commission to that end: concerning the matters involved in and and open for public inspection. Take further notice that, pursuant to the issues presented by such application: Applicant sells natural gas produced the authority contained in and subject Provided, however, That the Commission from various fields in Lincoln, Cahall, to the jurisdiction conferred upon the may, after a non-contested hearing, dis­ Boone,- Kanawha, and Putnam Counties, Federal Power Commission by sections pose of the proceedings pursuant to the West Virginia, as set forth in its applica­ 7 and 15 of the Natural Gas Act, and provisions Of section 1.30 (c) (1) of the tion herein, to South Penn Gas Company, the Commission’s rules of practice and Commission’s rules of practice and pro­ United Fuel Gas Company and Godfrey procedure, a hearing will be held on Oc­ cedure. L. Cabot, Inc., for transportation in. tober 7, 1955, at 9:30 a. m., e. s. t., in Protests or petitions to intervene may interstate commerce for resale. a Hearing Room of the Federal Power be filed with the Federal Power Commis­ I This matter is one that should be dis­ Commission, 441G Street NW, Washing­ sion, Washington 25, I>. C., in accordance posed of as promptly as possible under ton, D. C., concerning the matters in­ with the rules of practice and procedure

r) Wednesday, September 14, 1955 FEDERAL REGISTER 6755

(18 CFR 1.8 or 1.10) on or before Septem­ [Docket No. G-9091] (c) (1) or (c) (2) of the Commission's ber 26, 1955. Failure of any party to C it y o f E l b e r t o n , G a. rules of practice and procedure. appear at and participate in the hearing Protests or petitions to intervene may shall be construed as waiver of and con­ NOTICE OF APPLICATION FOR INCREASED be filed with the Federal Power Commis­ currence in omission herein of the inter­ DELIVERY OF NATURAL GAS sion, Washington 25, D. C., in accord­ mediate decision procedure in cases S e p t e m b e r 7, 1955. ance with the rules of practice and pro­ where a request therefor is made. cedure (18 CFR 1.8 or 1.10) on or before Take notice that the City of Elberton, September 22, 1955. Failure of any [seal! L e o n M . F u q u a y , Georgia (Applicant), filed on June 30, Secretary. 1955, an application, pursuant to section party to appear at and participate in the 7 (a) of the Natural Gas Act, for an order hearing shall be construed as waiver of [F. R. Doc. 55-7391; P iled, S ept. 13, 1955; and concurrence in omission herein of 8:46 a. m.] directing Transcontinental Gas Pipe Line Corporation (Transcontinental) to sup­ the intermediate decision procedure in ply 200 Mcf of natural gas per day, in cases where a request therefor is made. addition to its present allocation of 1,590 [ s e a l ] L e o n M . F u q u a y , [Docket No. G-6256] Mcf per day which Transcontinental has Secretary. been authorized to deliver. Chicago S t o c k Y ards R e se a r c h Co. [F. R. Doc. 55-7394; Filed, Sept. 13. 1955; Protests or petitions to intervene may 8:47 a. m.] n o tic e o p application and date o f be filed with the Federal Power Commis­ HEARING sion, Washington 25, D. C., in accordance with the Rules of Practice and Procedure S e p t e m b e r 7, 1955. (18 CFR 1.8 or 1.10) on or before Sep­ [Docket No. G-9193] Take notice that Chicago Stock Yards tember 27, 1955. Failure of any party Research Company, Applicant, a Dela­ to appear at and participate in the hear­ C it y o f H a r t w e l l , G a. ware corporation whose address is Na­ ing shall be construed as waiver of and NOTICE OF APPLICATION FOR INCREASED tional Bank of Commerce Building, New concurrence in omission herein of the DELIVERY OF NATURAL GAS Orleans 12, Louisiana, filed on November intermediate decision procedure in cases 29,1954, an application for a certificate where a request therefor is made. S e p t e m b e r 7, 1955. of public convenience and necessity pur­ Take notice that the City of Hartwell, [ se a l ] L e o n M . F u q u a y , suant to Section 7 of the Natural Gas Secretary. Georgia (Applicant), filed on June 30, Act, authorizing Applicant to render 1955, an application, pursuant to section service as hereinafter described, subject [F. R. Doc. 55-7393; Filed, Sept. 13, 1955; 7 (a) of the Natural Gas Act, for an to the jurisdiction of the Commission, 8:46 a. m.] order directing Transcontinental Gas all as more fully represented in the ap­ Pipe Line Corporation (Transconti­ plication which is on file with the Com­ nental) to supply 300 Mcf of natural mission and open for public inspection. [Docket No. G—9177] gas per day, in addition to its present Applicant produces natural gas in the allocation of 1,000 Mcf per day which North Houma Gas Field of Terrebonne G eo r g e J a c k s o n Transcontinental has been authorized Parish, Louisiana, and sells it in inter­ NOTICE OF APPLICATION AND DATE OF to deliver. state commerce to the United Gas Pipe HEARING Protests or petitions to intervene may Line Company for resale. be filed with the Federal Power Commis­ This matter is one that should be dis­ S e p t e m b e r 7, 1955. sion, Washington 25, D. C., in accord­ posed of as promptly as possible under Take notice that George Jackson (Ap­ ance with the rules of practice and pro­ the applicable rules and regulations and plicant) , whose address is P. O. Drawer cedure (18 CFR 1.8 or 1.10) on or before to that end: 351, Clarksburg, West Virginia, filed on September 27, 1955, Failure of any Take further notice that, pursuant to July 25, 1955, an application for a cer­ party to appear at and participate in the authority contained in and subject tificate of public convenience and neces­ the hearing shall be construed as waiver to the jurisdiction conferred upon the sity pursuant to section 7 of the Natural of and concurrence in omission herein Federal Power Commission by sections Gas Act, authorizing Applicant to render of the intermediate decision procedure 7 and 15 of the Natural Gas Act, and service as hereinafter described, subject in cases where a request therefor is the Commission’s rules of practice and to the jurisdiction of the Commission, all made. as more fully represented in the appli­ procedure, a hearing will be held on [s e a l ] L e o n M . F u q u a y , October 7, 1955 at 9:50 a. m., e. s. t., in cation which is on file with the Commis­ Secretary. a Hearing Room of the Federal Power sion and open for public inspection. Commission, 441 G Street NW., Wash­ Applicant proposes to sell natural gas [F. R. Doc. 55-7395; Filed, Sept. 13, 1955; ington, D. C., concerning the matters in­ produced from the Buckhannon District, 8:47 a. m.] volved in and the issues presented by Upshur County, West Virginia, at 20 such application: Provided, however, cents per Mcf, for transportation in That the Commission may, after a non- interstate commerce for resale. contested hearing, disposé of the pro­ This matter is one that should be dis­ [Project No. 1426] ceedings pursuant to the provisions > of posed of as promptly as possible under B u c h a n & H e in e n P a c k in g C o . Section 1.30 (c) (1) of the Commis­ the applicable rules and regulations and sion’s rules of practice and procedure. to that end: NOTICE OF APPLICATION FOR LICENSE Protests or petitions to intervene may Take further notice that, pursuant to S e p t e m b e r 7,1955. be filed with the Federal Power Com­ the authority contained in and subject Public notice is hereby given that mission, Washington 25, D. C., in accord­ to the jurisdiction conferred upon the Buchan & Heinen Packing Co., of Port ance with the Rules of Practice and Pro­ Federal Power Commission by sections 7 Armstrong, Alaska, has filed application cedure (18 CFR 1.8 or 1.10) on or before and 15 of the Natural Gas Act, and the under the Federal Power Act (16 U. S. C. September 26,1955. Failure of any party Commission’s rules of practice and pro­ 791a-825r) for a new license for con­ . appear at and participate in the hear- cedure, a hearing will be held on October structed water-power Project No. 1426 mg shall be construed as waiver of and 10, 1955, at 9:30 a. m., e. s. t., in a Hear­ located on Sheckley Upper Lake, Sheck- concurrence in omission herein of the ing Room of the Federal Power Com­ ley Lower Lake, and Sheckley Creek intermediate decision procedure in cases mission, 441 G Street NW., Washington, flowing from the outlet of Sheckley where a request therefor is made. D. C., concerning the matters involved Lower Lake into Port Armstrong on the in and the issues presented by such ap­ southerly end of Baranof Island, in the [seal] L e o n M . F u q u a y , plication: Provided, however, That the First Judicial Division, Territory of Secretary. Commission may, after a non-contested Alaska, and consisting of a low storage [P- R. Doc. 55-7392; Piled, Sept. 13, 1955; hearing, dispose of the proceedings pur­ dam at the outlet of Sheckley Upper 8:46 a. m.J suant to the provisions of section 1.30 Lake controlling the flow into Sheckley 6756 NOTICES

Lower Lake, a pipeline leading to appli­ the applicable rules and regulations and concerning the matters involved in and cant’s herring reduction plant, and a to that end: the issues presented by such application: number of water wheels coupled to plant Take further notice that, pursuant to Provided, however, That the Commission machinery, one of which drives an elec­ the authority contained in and subject may, after a non-contested hearing, dis­ tric generator for lighting purposes. to the jurisdiction conferred upon the pose of the proceedings pursuant to the Protests or petitions to intervene may be Federal Power Commission by sections 7 provisions of section 1.30 (c) (1) or (c) filed with the Federal Power Commis­ and 15 of the Natural Gas Act, and the (2) of the Commission’s rules of practice sion, Washington 25, D. C., in accordance Copunission’s rules of practice and pro­ and procedure. with the Rules of Practice and Procedure cedure, a hearing will be held on Octo­ Protests or petitions to intervene may of the Commission (18 CFR 1.8 or 1.10), ber 31, 1955, at 9:30 a. m., e. s. t., in a be filed with the Federal Power Commis­ the time within which such petitions Hearing Room of the Federal Power sion, Washington 25, D. C., in accordance must be filed being specified in the rules. Commission, 441 G Street NW., Wash­ with the Rules, of Practice and Procedure The last date upon which protests may ing, D. C., concerning the matters in­ (18 CFR 1.8 or 1.10) on or before October be filed is October 18, 1955. The appli­ volved in and the issues presented by 7, 1955. Failure of any party to appear cation is on file with the Commission for such application: Provided, however, at and participate in the hearing shall public inspection. That the Commission may, after a non- be construed as waiver of and concur­ [ s e a l ] L e o n M . F uqua y , contested hearing, dispose of the pro­ rence in omission herein qf the inter­ Secretary. ceedings pursuant to the provisions of mediate decision procedure in cases Section 1.30 (c) (1) or (c) (2) of the where a request therefor is made. [F. R. Doc. 55-7396; Filed, Sept. 13, 1955; Commission’s Rules of Practice and Pro­ 8:47 a. m.] [ s e a l ] L e o n M . F u quay, cedure. Secretary. Protests or petitions to intervene may be filed with the Federal Power Com­ [F. R. Doc. 55-7399; Filed, Sept. 13, 1955; mission, Washington 25, D. C., in accord­ 8:48 a. m.] [Docket No. G-2018] ance with the Rules of Practice and Pro­ E l P aso N atural G as Co. cedure (18 CFR 1.8 or 1.10) on or be­ fore October 10, 1955. Failure of any NOTICE OP CONTINUANCE OF HEARING party to appear at and participate in the [Docket Nos. G-6296, 6297] S e p t e m b e r 7, 1955. hearing shall be construed as waiver of L eonard O il C o . Upon consideration of the motion of and concurrence in omission herein of NOTICE OF APPLICATION AND DATE OF El Paso Natural Gas Company, filed the intermediate decision procedure in HEARING August 31, 1955, for continuance of the cases where a request therefor is made. S e p t e m b e r 8, 1955» hearing in the above-designated matter [ s e a l ] L e o n M . F uqttay, now scheduled for September 13, 1955; Secretary. Take notice that Leonard Oil Company The hearing now scheduled for Sep­ (Applicant), a New Mexico corporation tember 13, 1955, is hereby postponed to [F. R. Doc. 55-7398; Filed, Sept. 13, 1935; whose address is Roswell, New Mexico, November 28, 1955, at 10:00 a. m., in the 8:47 a. m.J filed on November 29, 1954, an applica­ Commission’s Hearing Room, 441 G tion for a certificate of public conven­ Street NW., Washington, D. C. ience and necessity pursuant to section 7 of the Natural Gas Act, authorizing Ap­ [ s e a l ] L e o n M . F u q u a y , [Docket No. G-5239] Secretary. plicant to render service as hereinafter F red H . R y a n described, subject to the jurisdiction of [F. R. Doc. 55-7397; Filed, Sept. 13, 1955; the Commission, all as more fully repre­ 8:47 a. m.] NOTICE OF APPLICATION AND DATE OF sented in the application which is on file HEARING with the Commission and open for public inspection. S e p t e m b e r 8, 1955. Applicant produces natural gas from [Docket No. G-4658] Take notice that Fred H. Ryan (Ap­ wells in Langlie-Mattix Pool and the plicant) , an individual whose address is Jalmat Gas Pool of Lea County, New A n d e r s o n -P r ich ard O i l C o r p . 522 Commercial National Bank Building, Mexico, and sells it in interstate com­ NOTICE OF APPLICATION AND DATE OF HEARING Shreveport, Louisiana, filed on November merce to El Paso Natural Gas Company 22, 1954, an application for a certificate S e p t e m b e r 8, 1955. for resale. of public convenience and necessity, pur­ These related matters should be heard Take notice that Anderson-Prichard suant to section 7 of the Natural Gas Act, on a consolidated record and disposed of Corporation (Applicant), a corporation authorizing Applicant to render service as promptly as possible under the appli­ whose address is Liberty Bank Building, as hereinafter described, subject to the cable rules and regulations and to that Oklahoma City 2, Oklahoma filed on May jurisdiction of the Commission, all as end: 16,1955, an application for permission to more fully represented in the application Take further notice that, pursuant to abandon service pursuant to section 7 of which is on file with the Commission and the authority contained in and subject thè Natural Gas Act, authorizing Appli­ open for public inspection. to the jurisdiction conferred upon the cant to terminate service as hereinafter Applicant sells in interstate commerce Federal Power Commission by sections 7 described, subject to the jurisdiction of natural gas produced from Monroe Gas and 15 of the Natural Gas Act, and the the Commission, all as more fully repre­ Field, Ouachita Parish, Louisiana, to Commission’s rules of practice and pro­ sented in the application which is on Southwest Gas Producing Company for cedure, a hearing will be held on October file with the Commission and open for resale to Texas Gas Transmission Com­ 11,1955 at 9:30 a. m., e. s. t., in a Hearing public inspection. pany. The stated price is 4 cents per Room of the Federal Power Commission, Applicant produced and sold natural Mcf. 441 G Street NW., Washington, D. C., gas on June 7,1954, from the Nelsonville This matter is one that should be dis­ concerning the matters involved in and Meld, Austin County, Texas, to Tennes­ posed of as promptly as possible under the issues presented by such application: see Gas Transmission Company pursu­ the applicable rules and regulations, and Provided, however, That the Commission ant to contract of sale dated June 17, to that end: may, after a noncontested hearing, dis­ 1953, and authorized in Docket No. G - Take further notice that, pursuant to pose of the proceedings pursuant to the 962. As of January 1, 1955, the gas sup­ the authority contained in and subject provisions of Section 1.30 (c) (1) of the ply from the well covered by said con­ to the jurisdiction conferred upon the Commission’s rules of practice and pro­ tract was exhausted and Applicant re­ Federal Power Commission by sections cedure. N. quests authority to abandon service and 7 and 15 of the Natural Gas Act, and the Protests or petitions to intervene may cancel the Rate Schedule under said con­ Commission’s rules of practice and pro­ be filed with the Federal Power Com­ tract pursuant to section 7 (b) of the cedure, a hearing will be held on October mission, Washington 25, D. C., in accord­ Natural Gas Act. 27,1955, at 9:45 a. m., e. s. t., in a Hearing ance with the rules of practice ana This matter is one that should be dis­ Room of the Federal Power Commission, procedure (18 CFR 1.8 or 1.10) on or posed of as promptly as possible under 441 G Street NW., Washington, D. C.f before September 29, 1955. F a ilu re oi Wednesday, September 14, 1955 FEDERAL REGISTER 6757 any party to appear at and participate in [Docket Nos. G-8809, etc.] California Company, Docket No. G-8810; the hearing shall be construed as waiver A t l a n t ic R e f in in g C o . e t a l. Union Oil Company of California, Docket of and concurrence in omission herein No. G-8811; Texas Gas Transmission of the intermediate procedure in cases NOTICE OF HEARING Corporation, Docket No. G-8828. where a request therefor is made. S e p t e m b e r 8, 1955. There have been filed with the Federal [seal] L e o n M . F u q u a y , In the matters of The Atlantic Refin­ Power Commission, applications as here­ Secretary. ing Company, Docket No. G-8809; The inafter specified; Doc. 55-7400; Filed, Sept. 13, 1955; 8:48 a. m.] Applicant .Docket Address Date filed No.

The Atlantic Refining Co______Philadelphia, Pa______Apr. 27,1965 G-8809 The California Co______New Orleans, La______G-8810 [D ocket No. G-6434] Union Oil Co. of California...... Los Angeles, Calif______G-8811 Texas Gas Transmission Corp______Owensboro, K y. _ .... Apr. 29,1955 G-8828 B o bby M a n z ie l e t a l. NOTICE OF APPLICATION AND DATE OF each for a certificate of public conven­ Notice of said applications have been HEARING ience and necessity, pursuant to section duly published in the F ederal R e g is t e r 7 of the Natural Gas Act, authorizing S e p t e m b e r 8, 1955. on June 14, 1955 (20 F. R. 4171). the construction and operation of cer­ These related matters should be heard Take notice that Bobby Manziel for tain facilities and the sale of natural on a consolidated record and disposed of himself and others as Agent and herein­ gas as hereinafter described, subject to as promptly as possible under the appli­ after referred to singly and collectively the jurisdiction of the Commission, all cable rules and regulations and to that as (Applicant), whose address is Manziel as more fully represented in the respec­ end: Building, Tyler, Texas, filed on Decem­ tive applications now on file with the Take notice that pursuant to the ber 2, 1954, an application for a certifi­ Commission and open to public inspec­ authority contained in and subject to cate of public convenience and necessity tion. the jurisdiction conferred upon the Fed­ pursuant to section 7 of the Natural Gas The Atlantic Refining Company, The eral Power Commission by section 7 and Act, authorizing Applicant to render California Company and Union Oil Com­ 15 of the Natural Gas Act, and the Com­ service as hereinafter described, subject pany of California in their respective mission’s rules of practice and pro­ to the jurisdiction of the Commission, applications propose to sell natural gas cedure, a hearing will be held on October all as more fully represented in the ap­ produced from the East Lake Palourde 17, 1955, at 10:00 a. m., e. s. t., in a plication which is on file with the Com­ Field, Assumption Parish, Louisiana, to Hearing Room of the Federal Power mission and open for public inspection. Texas Gas Transmission Corporation for Commission, 441 G Street NW., Wash­ Applicant produces natural gas from transportation in interstate commerce ington, D. C., concerning the matters the Carthage Gas Field of Panola for resale. involved in and the issues presented by County, Texas, and «ells it in interstate Texas Gas Transmission Corporation such application. commerce to United Gas Pipe Line Com­ (Texas Gas) proposes: Interested State commissions may pany, Texas Gas Company, Texas Gas (1) To increase firm deliveries to The participate as provided by Sections 1.8 Transmission Corporation, and Arkan- Ohio Fuel Gas Company (Ohio Fuel) and 1.37 (f) of the Commission’s rules sas-Louisiana Gas Company, respec­ by 35,000 Mcf per day, and, simultane­ of practice and procedure (18 CFR 1.8 tively, for resale. ously therewith, discontinue interrup­ and 1.37 (f)). This matter is one that should be dis­ tible deliveries under Texas Gas’ IS-4 posed of as promptly as possible under rate schedule ;• and [ se a l ] L e o n M . F u q u a y , the applicable rules and regulations and (2) To serve the increased firm re­ Secretary. to that end: quirements for the 1957-58 winter of the [P. R. Doc. 55-7402; Piled, Sept. 13, 1955; Take further notice that, pursuant to customers of Texas Gas-other than Ohio 8:48 a. m.] the authority contained in and subject Fuel, in the amount of 73,598 Mcf. to the jurisdiction conferred upon the Texas Gas requests authority to con­ Federal Power Commission by sections struct and operate the necessary facili­ 7 and 15 of the Natural Gas Act, and ties to render the additional service [Docket No. G-9042] the Commission’s rules of practice and above-described. These proposed facili­ procedure, a hearing will be held on ties are: G as T ransmission C o . October 11,1955, at 9:40 a. m., e. s. t., in (1) Approximately 32.48 miles of 30- a Hearing Room of the Federal Power NOTICE OF APPLICATION AND DATE OF inch pipe; HEARING Commission, 441 G Street NW., Wash­ (2) Approximately 9.08 miles of 26- ington, D. C., concerning the matters inch pipe; S e p t e m b e r 8, 1955. involved in and the issues presented by (3) Approximately 111.83 miles of 20- Take notice that Gas Transmission such application : Provided, however, inch pipe; Company, Applicant, an individual That the Commission may, after a non- (4) Approximately 0.76 miles of 16- whose address is C. W. Hoag, owner, contested hearing, dispose, of the pro­ inch pipe; Route 5, Box 25, Guthrie, Oklahoma, ceedings pursuant to the provisions of (5) Approximately 28.88 miles of 12- filed on June 16,1955, an application for section 1.30 (c) (1) of the Commission’s inch pipe; a certificate of public convenience and rules of practice and procedure. (6) Approximately 15.14 miles of 8- necessity pursuant to section 7 of the Protests or petitions to intervene may inch pipe; Natural Gas Act, authorizing Applicant be filed with the Federal Power Com­ (7) 20,270 compressor horsepower; to render service as hereinafter de­ mission, Washington 25, D. C., in ac­ and scribed, subject to the jurisdiction of the cordance with the rules of practice and (8) Two check meter stations and one Commission, all as more fully repre­ Procedure (18 CFR 1.8 or 1.10) on or regular station. sented in the application which is on file before September 30, 1955. Failure of with the Commission and open for public any party to appear at and participate These facilities will be located in the m the hearing shall be construed as States of Louisiana, Arkansas, Missis­ inspection. sippi, Tennessee, Kentucky, and Indiana. Applicant proposes to construct facili­ waiver of and concurrence in omission ties for the delivery and sale of gas in herein of the intermediate decision pro­ The total overall cost of the proposed cedure in cases where a request therefor facilities is estimated to be $19,969,000. Logan County, Oklahoma, to Cities is made. Texas Gas proposes to finance the pro­ Service Gas Company at a proposed sales posed facilities and other construction price of 10 cents per Mcf. [seal] L e o n M . F u q u a y , through the sale of $18,000,000 of 3.9% This matter is one that should be dis­ Secretary. Series Debentures and $20,000,000 of posed of as promptly as possible under [F. R. Doc. 55-7401; Piled, Sept. 13, 1955; 3%% Series First Mortgage Pipe Line the applicable rules and regulations and 8:48 a. m.] Bonds. to that end: No. 179------5 6758 NOTICES

Take further notice that, pursuant to mission may, after a non-contested hear­ October 7, 1955. Failure of any party the authority contained in and subject ing, dispose of the proceedings pursuant to appear at and participate in the hear­ to the jurisdiction conferred upon the to the provisions of section 1.30 (c) (1) ing shall be construed as waiver of and Federal Power Commission by sections 7 or (c) (2) of the Commission’s rules of concurrence in omission herein of the and 15 of the Natural Gas Act, and the practice and procedure. intermediate decision procedure in cases Commission’s rules of practice and pro­ Protests or petitions to intervene may where a request therefor is made. cedure, a hearing will be held on Octo­ be filed with the Federal Power Commis­ sion, Washington 25, D. C., in accordance [ se a l ] L e o n M . F u q u a y , ber 26, 1955, at 9:45 a. m., e. s. t., in a Secretary. Hearing Room of the Federal Power with the rules of practice and procedure Commission, 441 G Street NW., Wash­ (18 CFR 1.8 or 1.10) on or before October [F. R. Doc. 55-7405; Filed, Sept. 13, 1955; ington, D. C„ concerning the matters in­ 7, 1955. Failure of any party to appear 8:48 a. m.] volved in and the issues presented by at and participate in the hearing shall such application: Provided, however, be construed as waiver of and concur­ That the Commission may after a non- rence in omission herein of the inter^ contested hearing, dispose of the pro­ mediate decision procedure in cases [Docket No. G-9165] where a request therefore is made. ceedings pursuant to the provisions of H u d s o n O i l & M e t a l s C o . Section 1.30 (c) (1) or (c) (2) of the [ s e a l ] L e o n M . F uqtjay, Commission’s rules of practice and pro­ Secretary. NOTICE OF APPLICATION AND DATE OF cedure. HEARING [F. R. Doc. 55-7404; Filed, Sept. 13, 1955; Protests or petitions to intervene may S e p t e m b e r 8,1955. 8:48 a. m.] be filed with the Federal Power Commis­ Take notice that Hudson Oil & Metals sion, Washington 25, D. C., in accord­ Company, a partnership, (Applicant), ance with the rules of practice and pro­ whose address is 412 Corrigan Tower, cedure (18 CFR 1.8 or 1.10) on or before [Docket No. G—9154] Dallas, Texas, filed on July 21, 1955, an October 7, 1955. Failure of any party application for a certificate of public con­ to appear at and participate in the hear­ A t l a n t ic R e f in in g C o . ing shall be construed as waiver of and venience and necessity, pursuant to Sec­ concurrence in omission herein of the NOTICE OF APPLICATION AND DATE tion 7 of the Natural Gas Act, authoriz­ intermediate decision procedure in cases OF HEARING ing Applicant to render service as here­ where a request therefor is made. inafter described, subject to the juris­ S e p t e m b e r 8, 1955. diction of the Commission, all as more [ s e a l ] L e o n M . F u q u a y , Take notice that The Atlantic Refin­ fully represented in the application Secretary. ing Company (Applicant), a corpora­ which is on file with the Commission and [F. R. Doc. 55-7403: Filed, Sept. 13, 1955; tion, whose address is P. O. Box 2819, open for public inspection. 8:48 a. m.] Dallas 1, Texas, filed on July 18, 1955, Applicant proposes to sell gas from an application for a certificate of public Ignacio Field, La Plata County, Colorado, convenience and necessity pursuant to commencing September 1955, at 12 cents section 7 of the Natural Gas Act, au­ per Mcf, to El Paso Natural Gas Com­ [Docket No. G-9153] thorizing Applicant to render service as pany for transportation in interstate commerce for resale. L ate O il C o . hereinafter described, subject to the jurisdiction of the Commission, all as This matter is one that should be dis­ NOTICE OP APPLICATION AND DATE OP more fully represented in the application posed of as promptly as possible under HEARING which is on file with the Commission and the applicable rules and regulations, and S e p t e m b e r 8, 1955. open for public inspection. to that end: Take further notice that, pursuant to Take notice that Late Oil Company Applicant sells in interstate commerce natural gas produced in Palmetto Field, the authority contained in and subject (Applicant), a partnership whose address to the jurisdiction conferred upon the is Box 670, San Angelo, Texas, filed on St. Landry Parish, Louisiana, to Trans­ continental Gas Pipe Line Corporation Federal Power Commission by sections July 18,1955, an application for a certifi­ 7 and 15 of the Natural Gas Act, a n d the cate of public convenience and necessity for resale. The stated price is 16 cents per Mcf. Commission’s rules of practice and p ro ­ pursuant to section 7 of the Natural Gas cedure, a hearing will be held on O ctober Act, authorizing Applicant to render This matter is one that should be dis­ posed of as promptly as possible under 28, 1955, at 9:45 a. m., e. s. t., in a H e a r­ service as hereinafter described, subject ing Room of the Federal Power Commis­ to the jurisdiction of the Commission, all the applicable rules and regulations and to that end: sion, 441 G Street NW., W ashington, as more fully represented in the applica­ D. C., concerning the matters involved tion which is on file with the Commission Take further notice that, pursuant to and open for public inspection. the authority contained in and subject in and the issues presented by s u c h a p ­ to the jurisdiction conferred upon the plication: Provided, however, That th e Applicant proposes to sell gas from Commission may, after a noncontested Shafter Lake Field, Andrews County, Federal Power Commission by sections 7 Texas, to Phillips Petroleum Company and 15 of the Natural Gas Act, and the hearing, dispose of the proceedings p u r­ for resale. The stated price is 7.04472 Commission’s rules of practice and pro­ suant $o the provisions of section 1.30 cents per Mcf. cedure, a hearing will be held on October (c) (1> or (c) (2) of the Commissions This matter is one that should be dis­ 26, 1955, at 9:30 a. m., e. s. t., in a rules of practice and procedure. posed of as promptly as possible under Hearing Room of the Federal Power Protests or petitions to intervene may the applicable rules and regulations and Commission, 441 G Street NW., Wash­ be filed with the Federal Power C o m m is­ to that end: ington, D. C., concerning the matters sion, Washington 25, D. C., in a c c o rd ­ Take further notice that, pursuant to involved in and the issues presented by ance with the rules of practice and p ro ­ the authority contained in and subject to such application: Provided, however, cedure (19 CFR 1.8 or 1.10) on or before the jurisdiction conferred upon the Fed­ That the Commission may, after a non- October 7,1955. Failure of any p a r ty to eral Power Commission by sections 7 and contested hearing, dispose of the pro­ appear at and participate in the h e a rin g 15 of the Natural Gas Act, and the Com­ ceedings pursuant to the provisions of shall be construed as waiver of and con­ mission’s rules of practice and procedure, section 1.30 (c) (1) or (c) (2) of the currence in omission herein of the in ­ a hearing will be held on October 25, Commission’s rules of practice and pro­ termediate decision procedure in cases 1955, at 9:30 a. m., e. s. t., in a Hearing cedure. where a request therefor is made. Room of the Federal Power Commission, Protests or petitions to intervene may [ s e a l ] L e o n M . F u q u a y , 441 G Street NW., Washington, D. C., be filed with the Federal Power Commis­ Secretary. concerning the matters involved in and sion, Washington 25, D. C., in accordance the issues presented by such applica­ with the rules of practice and proce­ [F. R. Doc. 55-7406; Filed, Sept. 13, 1955; tions : Provided, however, That the Com­ dure (18 CFR 1.8 or 1.10) on or before 8:49 a. m.] Wednesday, September 14, 1955 FEDERAL REGISTER 6759

INTERSTATE COMMERCE No. MC 2401 Sub 14, filed August 25, phis, Tenn., and Corinth, Miss., and (2) 1955, MOTOR FREIGHT CORPORA­ Selmer, Tenn., and Birmingham, Ala. COMMISSION TION, 2345 South 13th St., Terre Haute, Applicant is authorized to conduct opera­ [Notice No. 77] Ind. Applicant’s attorney: Robert C. tions in Illinois, Tennessee, Missouri, Smith, 512 Illinois Building, Indianapolis Mississippi, Alabama, Kentucky, Louisi­ M otor C arrier A pplications 4, Ind. For authority to operate as a ana, and Arkansas. S e p t e m b e r 9, 1955. common carrier, over a regular route, No. MC 29120 Sub 50, filed August 15, Protests, consisting of an original and transporting: General commodities, ex­ 1955, WILSON STORAGE AND TRANS­ two copies, to the granting of an appli­ cept those of unusual value, Class A and FER CO., a South Dakota corporation, cation must be filed with the Commission B explosives, household goods as defined 110 North Reid Street, Sioux Falls, within 30 days from the date of publi­ by the Commission, commodities in bulk, S. Dak. For authority to operate as a cation of this notice in the F ederal R eg ­ and those requiring special equipment, common carrier, over a regular route, ister and a copy of such protest served between Washington, Ind., and the site transporting: General commodities, in­ on the applicant. Each protest must of United States Gypsum Company cluding articles of unusual value, moving clearly state the name and street number, plant, near Shoals, Ind., from Washing­ in express service, between Aberdeen, city and state address of each protestant ton over U. S. Highway 50 to junction S. Dak., and Marmath, N. Dak., over U. S. on behalf of whom the protest is filed unnumbered County road approximately Highway 12, serving the intermediate (49 CFR 1.240 and 1.241). Failure to five (5) miles east of Shoals, thence over points of Mina, Ipswich, Beebe, Roscoe, seasonably file a protest will be construed unnumbered County road to the site of Bowdle, Selby, Glenham, Mobridge, as a waiver of opposition and partici­ United States Gypsum Company plant, McLaughlin, Cadillac, Walker, McIntosh, pation in the proceeding unless an oral and return over the same route, serving Watauga, Morristown, Keldron, Thunder hearing is held. In addition to other re­ no intermediate points but serving Hawk, Lemmon, White Butte, S. Dak., quirements of Rule 40 of the General Washington, Ind., for joinder purposes and Haynes, Hettinger, Bucyrus, Reeder, Rules of Practice of the Commission (39 only. Applicant is authorized to con­ Gascoyne, Scranton, Buffalo Springs, CPR 1.40), protests shall include a re­ duct operations in Illinois, Indiana, and Bowman, Rhame, N. Dak., and the off- quest for a public hearing, if one is Missouri. route point of Java, S. Dak. RESTRIC­ desired, and shall specify with particu­ No. MC 5709 Sub 5, filed August 22, TION: (a) The service to be performed larity the facts, matters, and things, re­ 1955, JOHN J. PEHLER, ADRIAN by carrier shall be limited to servic'e lied upon, but shall not include issues or PEHLER AND AURELIS PEHLER, doing which is auxiliary to, or supplemental of, allegations phrased generally. Protests business as PEHLER & SONS, Dodge, rail service of the Chicago, Milwaukee, containing general allegations may be Wis. Applicant’s representative; A. R. St. Paul and Pacific Railroad, hereinafter rejected. Requests for an oral hearing Fowler, 2288 University Ave., St. Paul called the Railway; (b) Said carrier shall must be supported by an explanation as 14, Minn. For authority to operate as a not serve any point not a station on the to why the evidence cannot be submitted common carrier, over irregular routes, rail line of the Railway; (c) All Contrac­ in forms of affidavits. Any interested transporting: Animal feeds, poultry tual arrangements between said carrier person, not a protestant, desiring to re­ feeds, and fertilizer, in bulk, from and the Railway shall be reported to the ceive notice of the time and place of any Winona, St. Paul, South St. Paul, and Commission and shall be subject to revi­ hearing, pre-hearing conference, taking Minneapolis, Minn, to the townships of sion, if and as it may find necessary in of depositions, or other proceedings shall Caledonia, Trempealeau, Dodge, Gale, order that such arrangements shall be notify the Commission by lett6r or tele­ Preston, and Arcadia, Trempealeau fair and equitable to the parties; and (d) gram within 30 days from the date of County, Wis., and the township of Buf­ Such further specific conditions as the Commission, in the future, may find it publication of this notice in the F ederal falo, Buffalo County, Wis. Applicant is R egister. authorized to transport feeds to the necessary to impose in order to restrict * Except when circumstances require above-named towns from Red Wing, said carrier’s operation authorized immediate action, an application for ap­ Minn. herein to a service which is auxiliary to, proval, under Section 210a (b) of the Act, No. MC 9895 Sub 82, filed May 12,1955, or supplemental of, rail service. of the temporary operations of motor amended September 1,1955, published in NOTE: Applicant states this application carrier properties sought to be acquired the May 25,1955 issue, on page 3659, R. B. is primarily for the purpose of securing au­ in an application under Section 5 (a) “DICK” WILSON, INC., P. O. Box 838, thority to transport “Head End” traffic : will not be disposed of sooner than 10 East 59th Ave. and Highway 6, Den­ (described as express, baggage, cream, days from the date of publication of this ver, Colo. Applicant’s attorney: Marion empty cans and company mail of the F. Jones, Suite 526 Denham Building, Chicago, Milwaukee, St. Paul and Pacific notice in the F ederal R e g is t e r . If a Railroad Company), which service will be protest is received prior to action being Denver 2, Colo. For authority to operate distinctly separate from the applicant’s serv­ taken, it will be considered. as a common carrier, over irregular ice over the above route authorized in MC routes, transporting: Molasses, in bulk, 29120. Applicant is authorized to conduct APPLICATIONS OP MOTOR CARRIERS OF in tank trucks, between points in Col­ operations in Illinois, Iowa, Minnesota, PROPERTY orado, Wyoming, those in Nebraska on Nebraska, North Dakota, South Dakota, and No. MC 1441 Sub 12, filed August 19, and west of U. S. Highway 183, those in W yom ing. 1955, amended September 6, 1955, pub­ Kansas on and west of U. S. Highway 183, No. MC 30319 Sub 56, filed August 22, lished in the September 8, 1955; issue, and those in and west of Perkins, Meade, 1955, SOUTHERN PACIFIC TRANS­ MERRILL MOTOR LINE, INC., 2520 Pennington, Washabaugh, and Shannon PORT COMPANY, a Texas corporation, N. E. 35th Street, Fort Worth, Tex. Counties, S. Dak. 810 North San Jacinto St., P. O. Box Applicant’s attorney: Ralph W. Pulley, No. MC 11220 Sub 61, filed September 4054, Houston, Tex. For authority to Jr., First National Bank Building, Dallas „2,1955, GORDONS TRANSPORTS, INC., operate as a common carrier, transport­ 2, Tex. For authority to operate as a 781 So. Main St., Memphis, Tenn. Ap­ ing: General commodities, except those contract carrier, over irregular routes, plicant’s attorney: James W. Wrape, of unusual value, Class A and B explo­ transporting: Meats, meat products and Sterick Bldg., Memphis, Tenn. For sives, household goods as defined by the meat by-products, dairy products, and authority to operate as a common car­ Commission, commodities in bulk, and articles distributed by meat-packing rier, over regular routes, transporting: those requiring special equipment, (1) houses, as defined by the Commission, General commodities, except those of un­ serving the plant site of Trunkline Gas irom. Fort Worth- and Dallas, Tex., to usual value, Class A und B explosives, Corporation, located approximately 2.2 Austin, Belton, Bonham, Cameron, Com­ livestock, household goods, as defined by miles east of Cypress, Tex., as an off- merce, Cooper, Denison, Denton, Fair- the Commission, commodities in bulk, route point in connection with regular neld, Gainesville, Greenville, Groesbeck, and commodities requiring special equip­ route operations between Houston, Tex., Hillsboro, Jacksonville, Lott, McKinney, ment, as an alternate route, serving no Marlin, Mart, Mexia, Palestine, Paris, and Austin, Tex.; (2) serving the plant Sherman, Sulphur Springs, Teague, intermediate points, in connection with site of Trunkline Gas Corporation, lo­ •Temple, Waco and Waxahachie, Tex., carrier’s authorized regular-route opera­ cated approximately seven miles south­ operating a peddler’s service only. Ap­ tions between (1) Memphis, Tenn., and west of Kountze, Tex., as an off-route plicant is authorized to conduct opera­ Selmer, Tenn., which is a portion of the point in connection with regular route tions in Oklahoma and Texas. regular-route operation between Mem- operations between Lufkin, Tex., and 6760 NOTICES

Beaumont, Tex.; (3) serving the plant such arrangements shall be fair and No. MC 47619 Sub 11, filed August 15, site of Trunkline Gas Corporation, lo­ equitable to the parties; and (e) Such 1955, IOWA-NEBRASKA TRANSPOR­ cated approximately 16 miles southeast further specific conditions as the Com­ TATION CO., INC., 1539 W. 32hd Place, of Beeville, Tex., as an off-route point in mission, in the future, may find it nec­ Chicago 8, 111. For authority to operate connection with regular route operations essary to impose in order to restrict said as a common carrier, over regular routes, between Hungerford, Tex., and Beeville, carrier’s operation to service which is transporting: General commodities, ex­ Tex.; and (4) serving the plant site of auxiliary to, or supplemental of rail cept those of unusual value, Class A and Trunkline Gas Corporation, located ap­ service. Applicant is authorized to con­ B explosives, household goods, as defined proximately three miles southwest of duct operations in Louisiana and Texas. by the Commission, commodities in bulk, Premont, Tex., as an off-route point in No. MC 34180 Sub 18, filed September and commodities requiring special equip­ connection with regular route operations 1, 1955, J. L. NAYLOR, doing business ment, between Cedar Rapids, Iowa, and between Karnes City, Tex., and Corpus as EL PASO-PECOS VALLEY TRUCK junction U. S. Highway 6, from Cedar Christi, Tex. RESTRICTION: (a) serv­ LINES, 151 N. Lee St., El Paso, Tex. Rapids over Iowa Highway 149 to junc­ ice to be performed by carrier shall be For authority to operate as a common tion U. S. Highway 6, also, from Cedar limited to service which is auxiliary to carrier, over regular routes, transport­ Rapids over Iowa Highway 149 to junc­ or supplemental of rail service of appli­ ing i General commodities, including tion Iowa Highway 220, thence over cant's affiliate, the Texas & New Orleans Class A, Class B, and Class C explosives, Iowa Highway 220 to junction U. S. Railroad; (b) Shipments transported by but excepting those of unusual value, Highway 6, and return, serving the in­ carrier shall be limited to those which household goods as defined by the Com­ termediate points of Amana, West have a prior or subsequent movement mission, commodities in bulk, and com­ Amana, High Amana, Middle Amana, by rail or water; (c) Carrier shall not modities requiring special equipment, East Amana and South Amana, Iowa. serve any point not a station on the line between Carrizozo, N. Mex., and Red Applicant is authorized to conduct oper­ of the railroad, other than the plant Canyon Range Camp, N. Mex., from ations in Illinois, Iowa, and Nebraska. sites of the Trunkline Gas Corporation, Carrizozo over U. S. Highway 380 to the No. MC 59131 Sub 14, filed August 30, located near the railhead towns of entrance of the unnumbered military 1955, S & D MOTOR LINES, INC., South Cypress, Kountze, Beeville and Premont, highway seventeen (17) miles west of Fourth Street, Fulton, N. Y, Applicant’s which locations are more fully described Carrizozo, and thence over the unnum­ representative: Bert Collins, 140 Cedar above; (d) All contractual arrangements bered highway a distance of five (5) Street, New York 6, N. Y. For author­ between said carrier and the railroad miles to the site of the Red Canyon ity to operate as a common carrier, over shall be reported to the Interstate Com­ Range Camp, and return over the same a regular route, transporting: General merce Commission and shall be subject route. Applicant is authorized to con­ commodities, except those of unusual to revision if and as the Commission duct operations in New Mexico and value, Class A and B explosives, house­ finds it to be necessary in order that such T c x e s hold goods as defined by the Commis­ arrangements shall be fair and equitable No- MC 35211 Sub 2, filed August 22, sion, commodities in bulk and those to the parties; and (e) Such further 1955, FRANK MURPHY, 730 Richmond requiring special equipment» between specified conditions as the Commission, Terrace, New Brighton, Staten Island, Syracuse, N. Y., and New York, N. Y., in the future, may find it necessary to N. Y. Applicant’s attorney August W. from Syracuse, over U. S. Highway 11 impose in order to restrict said carrier’s Heckman, 880 Bergen Avenue, Jersey to Scranton, Pa., thence over U. S. High­ operation to service which is auxiliary City 6, N. J. For authority to operate way 611 to Columbia, N. J., thence over to, or supplemental of, rail service. Ap­ as a contract carrier, over irregular U. S. Highway 46 to junction with New plicant is authorized to conduct opera­ routes, transporting: Building materials Jersey Highway 69, thence over New tions in Louisiana and Texas. (other than cement, lumber and brick), Jersey Highway 69 to junction with U. S. No. MC 30319 Sub 57, filed August 22, as listed in the application, from New Highway 22,-Whence over U. S. Highway 1955, SOUTHERN PACIFIC TRANS­ Brighton, Staten Island, N. Y„ to points 22 to junction U. S. Highway 1 near PORT COMPANY, a Texas corporation, in Atlantic, Burlington, Camden, Cape Newark Airport, thence over U. S. High­ 810 North San Jacinto, P. O. Box 4054, May, Cumberland, Gloucester and Salem way 1 to the Holland Vehicular Tunnel, Houston, Tex. For authority to operate Counties, N. J., and Philadelphia, Pa., and thence via said tunnel to New York, as a common carrier, over a regular arid empty containers or other such in­ and return over the same route, serving route, transporting: General commodi­ cidental facilities (not specified) used no intermediate points, as an alternate ties, except those of unusual value, Class in transporting the commodities speci­ route for operating convenience only, in A and B explosives, household goods as fied and returned pallets on return. Ap­ connection with carrier’s authorized defined by the Commission, commodi­ plicant is authorized to conduct opera­ regular-route operations between Ful­ ties in bulk, and those requiring special tions in Connecticut, New Jersey and ton, N. Y. and New York, N. Y. Carrier equipment, between Orange, Tex., and New York. is authorized to conduct operations in Echo (Orange Co.), Tex., from Orange No. MC 35334 Sub 37, (amended) pub­ New York and New Jersey. over Texas Highway 87 to junction lished on page 4695 issue of June 29, No. MC 61396 Sub 55, filed August 15, Farm-to-Market Road 1134, thence over 1955, filed May 26, 1955, COOPER- 1955, HERMAN BROS., INC., 1215 Farm-to-Market Road 1134 to junction JARRETT, INC., 1223 West 73rd St., Farnam St., P. O. Box 1237, O m aha, unnumbered County Road, thence over Chicago 36, 111. For authority to oper­ Nebr. For authority to operate as a unnumbered County Road to Echo, and ate as a common carrier, over regular common carrier, over irregular routes, return over the same route, serving in routes, transporting: General commodi­ transporting: Crude oil, in bulk, in tan k addition to the termini the plant site of ties, except those of unusual value and vehicles, from Atchison County, Mo. the Texas Portland Cement Company, except Class A and B explosives, and to points in Kansas, Nebraska, and which is located between the Texas & household goods, as defined by the Com­ Iowa. Applicant is authorized to con­ New Orleans rail station of Echo, Tex., mission, and commodities in bulk, com­ duct operations in Kansas, N ebraska, and the Sabine River. RESTRICTION: modities requiring special equipment Iowa, and Missouri. (a) Service to be performed by carrier (not including those requiring refrigera­ No. MC 64932 Sub 193, filed A ugust shall be limited to service which is auxili­ tion) , between Huntington, Ind., and ary to or supplemental of rail service of 29, 1955, ROGERS CARTAGE CO., 1934 Tiffin, Ohio, from Huntington over U. S. S. Wentworth Ave., Chicago, 111. Ap­ applicant’s affiliate, the Texas & New Highway 224 to Tiffin, and return over Orleans Railroad; (b) Shipments trans­ plicant’s attorney: Carl L. Steiner, 33 the same route, serving no intermediate S. LaSalle St., Chicago 3, 111. F o r au ­ ported by carrier shall be limited to points, as an alternate route in connec­ thority to operate as a common earner, those which have a prior or subsequent tion with applicant’s regular-route oper­ movement by rail or water; (c) Carrier over irregular routes, transporting. shall not serve any point not a station on ation between Kansas City, Mo., and Slushing oil, in bulk, in tank vehicles, the railroad; (d) All Contractual ar­ New York, N. Y. Applicant is author­ from Chicago, 111. to Lackawanna, N. *• rangements between said carrier and the ized to conduct operations in Colorado, Applicant is authorized to conduct op­ railroad shall be reported to the Inter­ Connecticut, Illinois, Iowa, Kansas, erations in Iowa, Illinois, Missouri, In­ state Commerce Commission and shall be Massachusetts, Missouri, Nebraska, New diana, and Kentucky. subject to revision if and as the Commis­ York, Ohio, Oklahoma, Pennsylvania, No. MC 65346 Sub 23, filed September sion finds it to be necessary in order that Rhode Island, and Tennessee. 2, 1955 PACKER CITY TRANSIT Wednesday, September 14, 1955 FEDERAL REGISTER 6761 INC., 1148 Velp Avenue, P. O. Box 1016, as defined by the Commission, commodi­ Highway 231 with the Tennessee-Ala­ Greene Bay, Wis. Applicant's attorney: ties in bulk, and commodities requiring bama State line, thence south along Robert A. Sullivan, 2606 Guardian special equipment, between points with­ U. S. Highway 231 to Huntsville, Ala., Building, Detroit 26, Mich. For author­ in three miles of Everett, Wash., includ­ thence along Alabama State Highway ity to operate as a contract carrier, over ing Everett.„ In Certificate No. MC 20 to Decatur, Ala., thence along U. S. irregular routes, transporting: Glass and 79496 applicant holds authority to trans­ Highway 31 to Montgomery, Ala., and glass articles, from Marion, Ind., to port household goods as defined in Prac­ thence along U. S. Highway 82 to the points in Wisconsin. Applicant is au­ tices of Motor Common Carriers of Georgia-Alabama State line. Applicant thorized to conduct operations in Illi­ Household Goods, 17 M. C. C. 467, be­ is authorized to conduct operations in nois, Indiana and Wisconsin. tween points and places in Snohomish Alabama, Florida, Georgia, North Car­ No. MC 70^51 Sub 172, filed April 11, and Skagit Counties, Wash., on the one olina, and South Carolina. 1955, WATSON BROS. TRANSPORTA­ hand, and, on the other, points and No. MC 104873 Sub 1, filed August 12, TION CO., INC., 802 South 14th Street, places in Oregon and Washington; heavy 1955, THE MINNEAPOLIS & ST. LOUIS Omaha, Nebr. For authority to operate machinery, between Everett, Wash., on RAILWAY COMPANY, a Minnesota cor­ as a common carrier, over a regular route, the one hand, and, on the other, points poration, 111 East Franklin Avenue, transporting: General commodities, in­ and places in that part of Oregon on Minneapolis 4, Minn. Applicant’s attor­ cluding Class A, B and C explosives, but and west of a line extending from the ney: Richard Musenbrock, same address excluding commodities of unusual value, Washington-Oregon State line through as applicant. For authority to operate livestock, household goods as defined by Rhododendron and Midland, Oreg., to as a common carrier, over a regular the Commission, commodities in bulk, the Oregon-California State line; gen­ route, transporting: General commodi­ and commodities requiring special equip­ eral commodities, except those of un­ ties, except Class A and B explosives, ment, between Springfield, 111., and East usual value, and except dangerous ex­ livestock, commodities in bulk, and St. Louis, 111., over U. S. Highway 66, plosives, household goods as defined in those requiring special equipment, be­ serving no intermediate points, with Practices of Motor Common Carriers of tween Monmouth, 111., and Keithsburg, service at East St. Louis, 111., and Spring- Household Goods, 17 M. C. C. 467, com­ 111., from Monmouth over Illinois High­ field, 111., for joinder purposes only, re­ modities in bulk, commodities requiring way 164 to junction Illinois Highway stricted against any service between special equipment, and those injurious 135, thence north oyer Illinois Highway Chicago, 111., and East St. Louis, 111., as or contaminating to other lading, be­ 135 to junction Illinois Highway 94, an alternate or connecting route, for op­ tween points and places within three thence over Illinois Highway 94 to junc­ erating convenience only, in connection miles of Everett, Wash., including Ever­ tion unnumbered highway, approxi­ with carrier’s regular route operations ett. By this application applicant seeks mately five (5) miles south of Aledo, 111., (1) between Cook County, 111., and St. a consolidated certificate including addi­ thence over unnumbered highway to Joseph, Mo., which is a portion of car­ tional counties in the transportation of Keithsburg, and return over the same rier’s regular route operations between household goods. route, serving the intermediate points Cook County, 111., and points in No. MC 98715 Sub 2, filed July 27,1955, of Little York and Seaton, 111. RE­ Buchanan, Andrew, Nodaway, Worth, and amended September 6,1955, C. & W. STRICTION : (a) The service to be Gentry, Harrison and De Kalb Counties, TRANSFER COMPANY, INCORPO­ performed by said carrier shall be lim­ Mo., and Taylor and Page Counties, RATED, 17th and Broad Streets, Rich­ ited to service which is auxiliary to, or Iowa, over regular and irregular routes, mond 19, Va. Applicant’s attorney: supplemental of, rail service of The Min­ (2) between St. Louis, Mo., and junction Albert T. Ellwanger, Jr., State-Planters neapolis & St. Louis Railway Company, U. S. Highways 61 and 36, which is a Bank Bldg., Richmond, Va. For author­ hereinafter called the railroad; (b) Said portion of carrier’s regular route opera­ ity to operate, as a common carrier, over carrier shall not serve or interchange tions between St. Louis, Mo., and irregular routes, transporting: Peanut traffic at any point not a station on a Owatonna, Minn., and between Des hulls from points in North Carolina on rail line of the railroad; and (c) Such Moines, Iowa and St. Louis, Mo., (3) and east of U. S. Highway 1 to points in further specific conditions as the Com­ between St. Louis,.Mo., and Kansas City, Chesterfield and Henrico Counties, Va. mission, in the future, may find it neces­ Mo., (4) the applied-for regular route No. MC 103378 Sub 46, filed September sary to impose in order to restrict said operations between Kansas City, Mo., If 1955, PETROLEUM CARRIER COR­ carrier’s operation to service which is and St. Louis, Mo., and (5) the applied- PORATION, 369 Margaret St., Jackson­ auxiliary to, or supplemental of rail for regular route operations for operat­ ville, Fla. Applicant’s attorney: Martin service. Applicant is authorized to ing convenience only, between St. Louis, Sack, Atlantic National Bank Bldg., conduct operations in Illinois and South Mo., and Albuquerque, N. Mex. Appli­ Jacksonville 2, Fla. For authority to D d ik o td / cant is authorized to conduct regular operate as a common carrier, over ir­ No. MC 106074 Sub 11, filed August 9, route operations in Arizona, California, regular routes, transporting: Asphalt, 1955, HOWELL BRYSON, BERNARD Colorado, Illinois, Indiana, Iowa, Kansas, asphalt emulsions, and petroleum fuel GOLDSTEIN AND NEMIAH GOLD­ Minnesota, Missouri, Nebraska and New oils, in bulk, in tank vehicles, from STEIN, doing business as B & P MOTOR Mexico, and irregular route operations Douglasville, Ga. to (1) points in North LINES, 101 Main Street, Hazelwood, in Colorado, Illinois, Indiana, Iowa, Carolina and South Carolina lying on N. C. Applicant’s attorney: Robert R. Kansas, Minnesota, Missouri, Nebraska and west of a line beginning at the in­ Williams, Jr., P. O. Box 7295, Jackson and Wyoming. tersection of North Carolina Highway Building, Asheville, N. C. For authority No. MC 79496 Sub 1, filed August 8, 88 and the Tennessee-North Carolina to operate as a common carrier, over ir­ 1955, WHITE STAR TRANSFER, INC., State line, thence south along the North regular routes, transporting: Petroleum 3324 Smith St., Everett, Wash. For au­ Carolina Highway 88 to Blowing Rock, products, lubricants, oils, and greases thority to operate as a common carrier, N. C., thence along U. S. Highway 321 which do not require tank vehicles or over irregular routes, transporting: other special equipment, from Kansas to Hickory, N. C., thence along U. S. City, Kans., to all points in Buncombe, Household goods, as defined by the Com­ Highway- 70 to Statesville, N. C., thence mission, between points in Snohomish, Haywood, Jackson, Swain, Cherokee, along U. S. Highway 21 to Charlotte, Graham, Clay, Macon, Transylvania, Skagit, Whatcom, San Juan, and Island N. C., thence along U. S. Highway 74 Counties, Wash, on the one hand, and, Henderson, Madison, Avery, Mitchell, to Monroe, S. C., thence along U. S. Yancey, McDowell, Polk, and Ruther­ on the other, points in Oregon, Wash­ Highway 601 to Pageland, S. C., thence ington, and California; heavy machinery, ford Counties, N. C., and damaged ship­ along South Carolina Highway 151 to ments of the above-specified commodi­ between Everett, Wash., on the one McBee, S. C., thence along U. S. Highway hand, and, on the other, points in that ties on return. Applicant is authorized 1 to Camden, S. C., thence along U. S. to conduct operations in Maryland, Part of Oregon on the west of a line ex­ Highway 521 to Sumter, S. C., thence Pennsylvania, New Jersey, North Caro­ tending from the Washington-Oregon along U. S. Highway 15 to its intersec­ lina, and West Virginia. State line through Rhododendron and tion with U. S. Highway 17, thence along No. MC 106400 Sub 14, filed June 13, Midland, Oreg., to the Oregon-Cali- U. S. Highway 17 to the Georgia-South 1955, KAW TRANSPORT COMPANY, a ornia State line; general commodities, Carolina State line; (2) points in Ala­ Missouri corporation, 517 N. Sterling, except those of unusual value, Class A bama lying on, east, and north of a line Sugar Creek, Mo. Applicant’s attorney: mid Class B explosives, household goods beginning at the intersection of U. S. Henry M. Shughart, 914 Commerce 6762 NOTICES

Building, Kansas City, Mo. For author­ from Great Meadows (Warren County), 90 to LaFayette, La., thence over Louisi­ ity to operate as a common carrier, over and Culvers (Sussex County), N. J., to ana Highway 167 to Opelousas, La., irregular routes, transporting: Petro­ points in Pennsylvania, New York, Con­ thence over U. S. Highway 190 to junc­ leum end. petroleum products, in bulk, necticut, and New Jersey, and empty tion U. S. Highway 90 at or near Slidell, in tank vehicles, between Kansas City, containers or other such incidental fa­ La., thence over U. S. Highway 90 to Tal­ Mo., and points within ten CIO) miles cilities (not specified) used in transport­ lahassee, Fla., thence over U. S. Highway thereof, on the one hand, and, on the ing the commodities specified from the 319 to junction U. S. Highway 98, thence other, points in Kansas beyond 150 miles above-specified destination points to the over U. S. Highway 98 to junction U. S. of Kansas City, Mo. above-described origin points. Appli­ Highway 41 and Florida Highway 50 at NOTE : Applicant states that the destina­ cant is authorized to conduct operations Brooksville, thence over Florida Highway tion area is intended to include all, points in New Jersey and New York. 50 to Orlando; and (2) from Avery Island in the State of Kansas not now authorized No. MC 111320 Sub 21, filed August 30, over the above described regular route to be served from the Kansas City, Mo., area 1955, CURTIS KEAL TRANSPORT to junction U. S. Highways 98 and 41 under applicant’s existing authority. Ap­ COMPANY, INC., E. 54th Street and and Florida Highway .50 at Brooksville, plicant is authorized to conduct operations Cleveland Shoreway, Cleveland, Ohio. thence over U. S. Highway 41 to Tampa, in Iowa, Kansas, and Missouri. Applicant’s representative: G. H. Dilla, and thence over U. S. Highway 92 to St. No. MC 107002 Sub 81, filed August 30, 3350 Superior Avenue, Cleveland, Ohio. Petersburg, 1955, WALTER M. CHAMBERS,"doing For authority to operate as a common No. MC 115378 Sub 2, filed July 18, business as W. M. CHAMBERS TftUCK carrier, over irregular routes, transport­ 1955, URANIUM ORE TRANSPORT LINE, 105 Giuffrias Ave., F. O. Box 687, ing: Road building and earth moving COMPANY, a corporation, Box 504, New Orleans, La. For authority to op­ equipment and parts thereof, in drive­ Phoenix, Ariz. Applicant’s attorney: erate as a common carrier, over irregu­ way service, between Marion, Ohio, on Roland Webster, Jr., Heard Building, lar routes, transporting : Liquid glue, in the one hand, and, on the other, points Phoenix, Ariz. For authority to operate bulk, in tank vehicles, and glue hardener, in Delaware, District of Columbia, Illi­ as a common carrier, over irregular in drums, moving on the same tank nois,. Indiana, Kentucky, Maryland, routes, transporting: Ores, in bulk, (D- vehicle, from Memphis, Tenn., to points Michigan, New Jersey, New York, Ohio, from points in Apache, Navajo, Coconino, in Arkansas, Louisiana, Mississippi, and Pennsylvania, Tennessee, Virginia, West Mohave and Yavapai Counties, Ariz. (ex­ Texas. Applicant is authorized to con­ Virginia, Wisconsin, North Carolina and cept points within 50 miles of Holbrook, duct operations in Alabama, Arkansas, South Carolina. Applicant is author­ Ariz.), to Bluewater, N. Mex.; (2) be­ Florida, Georgia, Louisiana, Mississippi, ized to conduct operations throughout^ tween points in Apache, Navajo, Coco­ and Tennessee. the United States. nino, Mohave and Yavapai Counties, No. MC 107348 Sub 2, filed August 26, No. MC 111717 Sub 12, filed August 31, Ariz.; and (3) from points in San Juan, 1955, L. A. SIMMONS, doing business as 1955, TRACTOR TRANSPORT, INC., Kane, Washington and Garfield Coun­ A & F MOTOR LINES, P. O. Box 244, 535 South 84th St., Milwaukee, Wis. Ap­ ties, Utah, to Tuba City, Ariz. Applicant Ashdown, Ark.r For authority to oper­ plicant’s attorney: Frank M. Coyne, has no permanent authority to transport ate as a common carrier, over regular- Union Trust Bldg., 1 West Main St., the commodities specified. routes, transporting: General commodi­ Madison 3, Wis. For authority to op­ No.' MC 115496 Sub 2, filed September ties, except those of unusual value, Class erate as a contract carrier, over irregu­ 1, 1955, J. E. Lee, P. O. Box 245, Ocilla, A and B explosives, household goods as lar routes, transporting: Tractors and Ga. Applicant’s attorney: Paul M. defined by the Commission, commodities farm machinery, from West Allis, Wis., Daniell, 214 Grant Bldg., Atlanta 3, Ga. in bulk and those requiring special to points in Oklahoma and Louisiana. or authority to operate as a common equipment, between Wilton, Ark., and Applicant is authorized to conduct op­ carrier, over irregular routes, transport­ Nashville, Ark., from Wilton over U. S. erations in Illinois, Iowa, Minnesota, ing: Lumber, from points in Georgia on Highway 71 to junction Arkansas High­ Michigan, Indiana, Ohio, Missouri, Kan­ and south of U. S, Highway 80 to points way 27, thence over Arkansas Highway sas, Nebraska, Wisconsin, North Dakota, in Florida. 27 to Nashville, and return over the same South Dakota, Colorado, Pennsylvania, No. MC 115536, filed August 22, 1955, route, serving the intermediate points of West Virginia, Kentucky, Tennessee, CANADIAN NATIONAL RAILWAY Ben Lomond and Mineral Springs, Ark. Georgia, and Mississippi. COMPANY, a corporation, 360 McGill Applicant is authorized to conduct op­ No. MC 111717 Sub 13, filed August 31, Street, Montreal, Quebec, Canada. Ap­ erations in Arkansas and Texas. 1955, TRACTOR TRANSPORT, INC., plicant’s attorney: J. P. Tryand, As­ No. MC 107407 Sub 14, filed August 30, 535 South 8th St., Milwaukee, Wis. Ap­ sistant General Attorney, Law Depart­ 1955, BRODBECK TRUCKING CO., plicant’s attorney: Frank M. Coyne, ment, Grand Trunk Railroad Company, INC., 2310 South Main Street, South Union Trust Bldg., 1 West Main St., 131 West Lafayette Blvd., Detroit 26, Bend, Ind. Applicant’s attorney: Ferdi­ Madison, Wis. For authority to operate Mich. For authority to operate as a nand Bom, 708 Chamber of Commerce as a contract carrier, over irregular common carrier, over a regular route, Bldg., Indianapolis 4, Ind. For authority routes, transporting: Tractors, farm transporting: General commodities, ex­ to operate as a common carrier, trans­ machinery, and related parts, from cept commodities of unusual value, Class porting: General commodities, except Gadsden, to points in Mississippi, Arkan­ A and B explosives, household goods as those of unusual value, Class A and B sas, Tennessee, Kentucky, Missouri, Iowa, defined by the Commission, commodities explosives, household goods as defined Illinois, Indiana, Ohio, Michigan, Wis­ in bulk, and those requiring special by the Commissioh, commodities in bulk consin, and Minnesota. Applicant is equipment, (less than carload lots only). and those requiring special equipment, authorized to conduct operations in between the International Boundary serving the site of the Ford Motor Com­ Illinois, Iowa, Minnesota, Michigan, line between the United States and Can­ pany Sterling Plant at or near the inter­ Indiana, Ohio, Missouri, Kansas, Ne­ ada at Detroit, Mich., and Detroit, Mich-, section of Mound Road and Seventeen braska, Wisconsin, North Dakota, South from the International Boundary line Mile Road in Sterling Township, Ma­ Dakota, Colorado, Pennsylvania, West between the United States and Canada comb County, Mich., as an off-route Virginia, Kentucky, Tennessee, Georgia, at Detroit through the Detroit-Windsor point in connection with carrier’s au­ and Mississippi. Tunnel to the Tunnel exit at Detroit, thorized regular-route operations to and No. MC 115326 Sub 1, filed August 10, thence south over Randolph Street to from Detroit, Mich. Carrier is author­ 1955, J. & M. ENTERPRISES, INC., 1048 junction Atwater Street, thence east oyer ized to conduct operations in Indiana, New Tampa Highway, Lakeland, Fla. Atwater Street to Brush Street Station Michigan and Ohio. For authority to operate as a contract located at Brush and Atwater Streets, No. MC 108035 Sub 3, filed July 11, carrier, over regular routes, transport­ thence east on Atwater Street to Grand 1955, ARTHUR PIERSON, 119 Water ing: Saif, in cartons and in bags,, and Trunk Western Railroad Company s Street, Box 130, Newton, N. J. Appli­ salt blocks, (including both evaporated freight warehouse at Beaubien and At­ cant’s attorney: August W. Heckman, and rock salt), from Avery Island, La., water Streets, serving no intermediate 880 Bergen Avenue, Jersey City, N. J. to Tampa, St. Petersburg and Orlando, points. For authority to operate as a common Fla.; (1) from Avery Island over Loui­ No. MC 115546, filed August 29, carrier, over irregular routes, transport­ siana Highway 445 to junction U. S. FRANK P. POTTS, Ridge Road, Ontario, ing: Humus, in bulk, in bags and loose, Highway 90, thence over U. S. Highway N. Y. Applicant’s representative: Ray- Wednesday, September 14, 1955 FEDERAL REGISTER 6763 mond A. Richards, 13 Lapham Park, ber I, 1955, for temporary authority LINES, INC., 1191 Post Road, Warwick, Webster, N. Y. For authority to operate under section 210a (b). R. I., SOFIA BROTHERS, INC., 475 Am­ as a common carrier, over irregular No. MC-F 6057, published in the Au­ sterdam Ave., New York, N. Y., VOS- routes, transporting: Component parts gust 31, 1955, issue of the F ederal R eg ­ BURGH COMPANY, INCORPORATED, of sash balances, from Rochester, N. Y., is t e r on page 6430. Application filed 618 Campbell Ave., West Haven, Conn., to Jackson, Miss. Empty containers or September 6, 1955, for temporary au­ and WESTMOUNT MOVING & WARE­ other such incidental facilities (not thority under Section 210a (b). HOUSING, LTD., 350 Victoria Ave., specified) used in transporting the com­ Westmount, Montreal, Quebec, Canada, modities specified, on return. SUPPLEMENT of the operating rights and property of No. MC 115549, filed August 29, 1955, No. MC-F 6036, published in the Au­ NORTH AMERICAN VAN LINES, INC., ROBERT WAGNER, 150 Mansion St., gust 3, 1955, issue of the F ederal R eg ­ P. O. Box 988, Ft. Wayne 1, Ind. Op­ Poughkeepsie, N. Y. Applicant’s attor­ is t e r on page 5568. Supplemental erating rights sought to be controlled: ney: William F. Leahey, 4 Liberty St., application filed September 2, 1955, to Household goods, as defined by the Com­ Poughkeepsie, N. Y. For authority to show KENNETH G. WHITAKER, mission, as a common carrier, over ir­ operate as a common carrier, over irreg­ FRITZ KRUEGER and CLYDE CLOUSE regular routes, between points in all ular routes, transporting: Cut up scrap in control of vendee. States in the United States and the Dis­ iron, under 5 feet in length, from Pough­ trict of Columbia. Applicants are au­ keepsie, N. Y., to Newark, N. J. CORRECTION thorized to operate in Alabama, Arkan­ APPLICATIONS FOR BROKERAGE LICENSES No. MC-F 6045 published in the sas, Connecticut, Delaware, Florida, August 31, 1955, issue of the F ederal Georgia, Illinois, Indiana, Iowa, Kansas, No. MC 12617 Sub 1, filed August 29, R e g is t e r on page 6430. The original Kentucky, Louisiana, Maine, Maryland, 1955, JAMES L. HAMMER, doing busi­ date of publication was erroneously Massachusetts, Michigan, Minnesota, ness as KNOXVILLE TOURS, 212 Ogle- shown as August 7, 1955, instead of Mississippi, Missouri, Nebraska, New wood Avenue, N. E., Knoxville, Tenn. August XI. 1955. Hampshire, New Jersey, New York, For a license (BMC 5) authorizing oper­ No. MC-F 6065. Authority sought for North Carolina, North Dakota, Ohio, ations as a broker at Knoxville, Tenn., control by MORRILL AKENS, doing Oklahoma, Pennsylvania, Rhode Island, in arranging for transportation in inter­ business as AKENS MOVING AND South Carolina, South Dakota, Tennes­ state or foreigfi commerce, by motor ve­ STORAGE, 730 Main St., Moosic, Pa., see, Texas, Vermont, Virginia, West Vir­ hicle, of passengers and their baggage, LOUIS ARNOFF, Millerton Road, Lake­ ginia, Wisconsin, and the District of in the same vehicle with passengers, in ville, Conn., EDWIN F. BANFIELD, do­ Columbia. Application has not been special or charter service, in round-trip ing business as BANFIELD’S MOVING filed for temporary authority under Sec­ tours beginning and ending at points in & STORAGE 6 E. Washington Ave., At­ tion 210a (b). Tennessee, North Carolina, South Caro­ lantic Highlands, N. J., CARDWELL No. MC-F 6067. Authority sought for lina, Virginia, West Virginia, Kentucky, TRUCK SERVICE, INC., 504 S. 4th St., purchase by HEAVY HAULERS, INC., Georgia, Alabama, and Florida, and ex­ Danville, Ky., CENTRAL TRANSFER & 1301 Elm St., Toledo, Ohio, of a portion tending to points in the United States. STORAGE CO., 2639-41 Elm St., Dallas, of the operating rights of THE BILLY Applicant is authorized to conduct oper­ Texas, GEORGE COPENHAVER, SR., BAKER COMPANY, 1301 Elm St., To­ ations throughout the United States. GEORGE COPENHAVER, JR., and ledo, Ohio, and for acquisition by GOR­ NOTE: By this application applicant pro­ PAUL COPENHAVER, doing business as DON F. LARAMIE, RACHEL TURNER, poses to extend his operations authorized in COPEY’S TRANSFER, 379 Penn. Ave., CORA TURNER WILCOX, E. S. TUR­ Certificate No. MC 12617 dated May 9, 1955. Sharon, Pa., BEN DEIKE TRANSFER NER, E. L. BARBER, M. A. ARCHAM- Customers will be solicited to purchase va­ BAULT, TURNER CARTAGE & STOR­ cation trips for a fixed sum of money for & STORAGE, INC., 327-421 Poplar St., Mankato, Minn., A. W. DUNN, doing AGE CO. and GENERAL RIGGERS & which applicant proposes to provide trans­ ERECTORS, INC., of control of said op­ portation, hotel accommodations and guided, business as A. W. DUNN TRANSFER tours. No tickets will be sold to customers CO., 704 N. Bolivar St., Marshall, Tex., erating rights through the transaction. but a receipt for money paid will be issued. FEDERAL STORAGE WAREHOUSES, Applicant’s Attorney: Charles Pieroni, doing business as FEDERAL STORAGE, 523 Johnson Bldg., Muncie, Ind. Oper­ No. MC 12634, filed August 31, 1955, ating rights sought to be transferred: HENRY RIST, doing business as PAR­ 155 Washington St., Newark, N. J., C. B. McDANIEL, doing business as HILL- Used contractors’ equipment, as a com­ ALLEL SKI SCHOOL, 164 East 86th mon carrier, over irregular routes, be­ Street, New York 28, N. Y. For a license DRUP TRANSFER, Lafayette Blvd. & R. F. & P. Freight Station, Fredericks­ tween certain points in Ohio and Michi­ (BMC 5) authorizing operations as a gan: prefabricated structural iron and broker at New York, N. Y., in arranging burg, Va., RALPH HUMES, doing busi­ ness as R. HUMES TRANSFER COM­ steel articles, including prefabricated for transportation in interstate or for­ furnaces and treated ties, piling timbers, eign commerce by motor vehicle, of PANY, 129-33 Smithfield St., Mingo Junction, Ohio, JOHNSON STORAGE and wood paving blocks, from Toledo, passengers and their baggage, in the Ohio, to certain points in Michigan; same vehicle with passengers, in charter WAREHOUSE, INC., 215 Garrison, Ft. Smith, Ark:, EDWARD KELLER and machinery, between points in Lucas and service, in round-trip, all expense tours, Wood Counties, Ohio, on the north of beginning and ending at New York, N. Y., ROLAND KELLER, doing business as KELLER & SONS, 106 Hamilton St., U. S. Highway 20, on the one hand, and, and extending to points in Connecticut, on the other, Detroit, Mich.; heavy ma­ Massachusetts, Vermont, Pennsylvania, Allentown, Pa., CARL EDWIN KELTON, doing business as C. E. KELTON, Taft chinery, between Toledo, Ohio, on the New York, New Jersey and New Hamp­ one hand, and, on the other, points in shire. Ave., White River Junction, Vt., ELMER D. LITCH, 26 Cass St., Springfield, Mass., Indiana, Michigan, New York, and NOTE: Purpose of proposed trips is to Pennsylvania; contractors’ equipment, give instruction in skiing only. There will MRS. HARRY H. LONG, 1001 S. Doug­ machinery, and supplies, between certain be no profit made on the arrangement of las St., Appleton, Wis. THE McKINLEY STORAGE & points in Ohio, Michigan, Indiana, New transportation. Food, lodging and transpor­ York, and Pennsylvania; and such com­ tation will be figured at cost, and price of TRANSFER CO., 300 Cherry Ave., trips will allow a profit on the instruction N. E., Canton, Ohio, THOMAS E. modities which- because of size or weight only. . MILLS, doing business as MILLS require special handling or the use of TRANSFER CO., 610 Fourth Ave., Gal- special equipment, except automobiles, APPLICATIONS UNDER SECTION 5 AND trucks, buses, trailers, cabs, chassis, and 210a (b) lipolis, Ohio, MYERS TRANSFER & STORAGE CO., 418 3rd Ave., Hunting- cement in bulk, between certain points No. MC-F 6030, published in the July ton, W. Va., HARLOW ANDREW OSTE- in Ohio, Indiana, Illinois, and New York. Vendee holds no authority from this 27, 1955, issue of the F ederal R e g ist e r BOE, doùag business as OSTEBOE MO­ ?h page 5375. Application filed Septem­ TORWAY, 920 Second St., Windom, Commission but its controlling - stock­ ber 6, 1955, for temporary authority Minn., WILLIAM RABE and WALTER holders operate in Michigan under the under Section 210a (b). RABE, doing business as RABE second proviso of section 206a of the No. MC-F 6031, published in the July BROTHERS, 75-26 166th St., Flushing, act. Three directly related application ¿ i, 1955, issue of the F ederal R e g is t e r N. Y., CARL H. G. SALKA, 87 Camp St., on Form BMC 78 have been tendered for on page 5375. Application filed Septem­ Meriden, Conn., SILVER ARROW VAN filing by Turner Cartage and Storage 6764 NOTICES

Company, General Riggers & Erectors, pipe, between points in Wyoming, Mon­ rail carriers. Rates on magazines or Inc., and Morris G. Laramie & Son, Inc. tana, Utah, and Colorado; Commodities, periodicals, carloads from Sparta, 111., to Application has not been filed for tem­ other than petroleum products, in bulk, Baltimore, Md., Boston, Mass., New York, porary authority under Section 210a (b). used in, or in connection with the con­ N. Y., Philadelphia, Pa., and Washing­ No. MC-F 6069. Authority sought for struction, repair, and maintenance of ton, D. C. purchase by MARY G. COOK, HELEN dams and power plants, between points Grounds for relief: Carrier competi­ M. COOK (ROBERT B. COOK and in Hot Springs, Fremont, Carbon, and tion and circuity. DAVID M. COOK, CO-EXECUTORS), Natrona Counties, Wyo. . Vendee is au­ FSA No. 31075: Grain and Grain Prod­ DAVID M. COOK and ANTHONY W. thorized to operate in Arizona, New ucts from and to Points in Texas. Filed SELVTO,» doing business as KAIN’S Mexico, Texas, and Colorado. Applica­ by j. F. Brown, Agent, for interested MOTOR SERVICE, West End of Bates tion has hot been filed for temporary rail carriers. Rates on grain and grain St., Logansport, Ind., of the operating authority under Section 210a (b). products, carloads-between stations in rights of VIRGIL B. STURTSMAN AND By the Commission. Texas, on one hand, and stations in New LEWIS A. STURTSMAN, doing business Mexico, on the other. as ELWOOD TRANSFER, 944 N. 13th [ s e a l ] H arold D . M cC o y , Grounds for-relief: Motor competition St., Elwood, Ind.. Applicant’s attorney: Secretary. and circuity. Ferdinand Bom, 706-708 Chamber of [P. R. Doc, 55-7387; Piled, Sept. 13, 1955; Tariff: Supplement 71 to Agent Commerce Bldg., Indianapolis, Ind. 8:46 a. m.] Brown’s I. C. C. 764. Operating rights sought to be purchased: FSA No. 31076: Pickled Fish from Me­ General commodities, as a common car­ nominee, Mich. Filed by H. R. Hinsch, rier, under the Second Proviso of Section Agent, for interested rail carriers. Rates 206 (a) (1) , between Elwood, Ind., and on fish, pickled, carloads from Menomi­ all points within a fifteen mile radius of F o u r t h S e c t io n A pplications f o r R e l ie f nee, Mich., to points in Pennsylvania, Elwood, Ind. Vendee is authorized to Virginia, and West Virginia. operate in Illinois and Indiana. Appli­ S e p t e m b e r 9, 1955. Grounds for relief: Carrier competi­ cation has not been filed for temporary Protests to the granting of an appli­ tion and circuity. authority under 'Section 210a (b). cation must be prepared in accordance FSA No. 31077: Iron and Steel Scrap No. MC-F 6070. Authority sought for with Rule 40 of the General Rules of from and to Baltimore and Sparrows purchase by JEFFRIES-EAVES, INC., Practice (49 CFR 1.40) and filed within Point, Md. Filed by C. W. Boin, Agent, 501 Scarbauer St., Hobbs, N. Mex., of a 15 days from the date of publication of for interested rail carriers. Rates on portion of the operating rights and cer­ this notice in the F ederal R e g is t e r . iron or steel scrap, carloads between tain property of BELL TRANSPORTA­ Lynchburg and Roanoke, Va., on one TION COMPANY, 1406 Hays St., Hous­ LONG-AND-SHORT-HAUL hand, and Baltimore and Sparrows ton 9, Texas, and for acquisition by FSA No. 31072: Silica Sand from Gkla.-, Point, Md., on the other. J. W. EAVES, 820-2nd St., N. W., Albu­ and Tex., to the South. Filed by F. C. Grounds for relief: Rail competition querque, N. Mex., and HARRY EAVES, Kratzmeir, Agent, for interested rail and circuity. 810 W. Marland, Hobbs, N. Mex., of con­ carriers. Rates on silica sand, carloads Tariff: Supplement 25 to Baltimore & trol of the operating rights and property from Ada, Denny, Hickory, Mill Creek, Ohio Railroad tariff I. C. C. 24121 and through the, purchase. Applicants’ at­ Roff, and Sulphur, Okla., and Santa three other tariffs. torney: Donovan N. Hoover, P. O. Box Anna, Tex., to points in southern FSA No. 31078: Cast Iron Pressure 897, 316 E. Macy St., Santa Fe, N. Mex. territory. Pipe and Fittings from Bond and Lone Operating rights sought to be transfer­ Grounds for relief: Market competi­ Star, Tex. Filed by J. F. Brown, Agent, red: Machinery, material, supplies, and tion and circuity. for interested rail carriers. Rates on equipment incidental to, or used in, the Tariff: Supplement 33 to Agent Kratz- cast iron pressure pipe and fittings, car­ construction, development, operation, meir’s I. C. C. 4135. loads from Bond and Lone Star, Texas to and maintenance of facilities for the FSA No. 31073: Sheet Iron or Steel points in Texas and Shreveport, La., discovery, development, and production Containers to Newport News, Va. Filed group. of natural gas and petroleum, as a com­ by H. R. Hinsch, Agent, for interested Grounds for relief: Market competi­ mon carrier, over irregular routes, be­ rail carriers. Rates on containers, sheet tion, truck competition and circuity. tween points in Wyoming, Montana, iron or steel, carloads from Niles, War­ Tariff: Supplement 23 to Agent Utah, Colorado, North Dakota, South ren, North Warren, Ohio, and Sharon, Brown’s I. C. C. 851. Dakota, and Nebraska; pipe, pipeline Pa., to Newport News, Va. By the Commission. materials, machinery, supplies, and Grounds for relief: Carrier competi­ equipment, incidental to, or used in, the tion and circuity. [ se a l ] H arold D . M cC o y , construction, repairing, maintenance, FSA No. 31674: Magazines or Periodi­ Secretary. and dismantling of gas, gasoline, and cals from Sparta, III., to the East. Filed [F. R. Doc. 55-7386; Filed, Sept. 13, 1955; oil pipelines, including the stringing of by H. R. Hinsch, Agent, for interested 8:46 a. m.]