" o,= AL "Pages 2657-2699 FEIIEIA IEGISTEII

VOLUME 25 4 1934d 30, 62 OVNITEDNUBR6 Washington, Wednesday, March 30, 1960

Contents

Agricultural Marketing Service Commerce Department Federal Housing Administration PROPOSED RULE MALKNG: See Federal Maritime Board; For- NOTICES: Milk in North Texas marketing eign Commerce Bureau. Debentures; calls for partial re- area; recommended decision demption, before maturity: and opportunity to file written Armed Services Housing Mort- exceptions to proposed amend- Defense Department gage Insurance Fund, Series ments to tentative agreement See Engineers Corps. FF ------2681 and order ------2668 Housing Insurance Fund: RULES AND REGULATIONS: Series BB_ ------2680 Irish potatoes; importation ------2659 Series DD ------2680 Navel oranges grown in Arizona Engineers Corps Series L------2679 and designated part of Cali- RULES AND REGULATIONS: Series R ------2679 fornia ------2659 Navigation; Pensacola Bay, Fla_. 2666 Series T ------2B79 Mutual Mortgage Insurance Agriculture Department Fund, Series AA ------2679 See also Agricultural Marketing Federal Aviation Agency Servicemen's Mortgage Insur- Service. RULES AND REGULATIONS: ance Fund, Series EE------2680 NOTICES: Federal airway; modification ----- War Housing Inpurance Fund, Production emergency loans: Federal airway and associated Series H ------2681. Arkansas ------2687 control areas, designation; and Florida------2687 reporting points, designation-- 2662 Federal Maritime Board Restricted area; modification-.... 2663 NOTIcES: Alien Property Office VOR Federal airway and associ- Moore-McCormack Lines, Inc.; NOTICES: ated control areas, modification; hearing ------2688 Muranaka, Haruke Tsukamoto; and reporting point, revocation. 2662 intention to return vested prop- Federal Power Commission erty------2677 NOTICES: Federal Communications Com- Hearings,etc.: Civil Aeronautics Board mission RULES AND REGULATIONS: El Paso Natural Gas Co ------2683 Forest Oil Corp ------Uniform system of accounts and NOTICES: 2683 Lone Star Gas Co ------reports for certificated air car- Standard broadcast applications 2684 riers; special income credits and ready for processing- 2682 Ohio Fuel Gas Co ...... 2685 debits (net) ------2660 Hearings, etc.: South Carolina Electric & Gas ...... American Telephone and Tele- C o 2685 Southern Natural Gas Co.... 2685 Civil Service Commission graph Co. et al ..... 2681 Washington Public Power Plains Radio Broadcasting Co. Sup- RULES AND REGULATIONS: System------2686 International and Jacob Wilson Henock-- ply Cooperation Admin- Carl J., et al 2686 tration; exception from com- Saarinen, John A., and Edwin R_ .... Westlund, petitive service ------2659 Wilson, Clarence E., and Mor- ton Broadcasting Co ------Federal Trade Commission Coast Guard PROPOSED RULE MAKING: RULES AND REGULATIONS: RULES AND REGULATIONS: California and Nevada; table of Prohibitedtrade practices: Character references for deck offi- assignments, television broad- Brown & Williamson Tobacco cers, verification of tank vessel cast stations----_--- Corp. et al------2663 certificates of inspection, wit- Mannis, Samuel A., and Samuel ness fees claimed on standard A. Mannis & Co------2663 forms, and spare portable fire Federal Home Loan Bank Bc extinguishers for public nautical PROPOSED RULE MAKING: Foreign Commerce Bureau school ships ------2666 Holdings of cash and obligations NOTICES: Control over movement of ves- of U.S.: Allan PorJe et al.; denial of export sels; advance notice of time of Bank members------privileges for indefinite period. 2687 arrival ------2665 Operations ...... (Continued on next page) 2657 2658 CONTENTS Health, Education, and Well Interstate Commerce Commission Maritime Administration Department NOTICES: RULES AND REGULATIONS: See Social Security Administra- Fourth section applications for Maritime protection and indem- tion. relief------2697 nity insurance; instructions un- Motor carrier: der general agency and berth Applications and certain other agency agreements; miscellane- proceedings ------2688 ous amendments ------2 Housing and H o me Finc "Grandfather" certificate or Agency permit; applications ------2696 Transfer proceedings ------2696 Renegotiation Board See Federal Housing Administra- RULES AND REGULATIONS: tion. Justice Department Mandatory exemptions from re- negotiation; common carriers See Alien Property Office. by water ------2 Indian Affairs Bureau Land Management Bureau Social Security Administration RULES AND REGULATIONS: NOTICES: Uintah Indian Irrigation Project; Alaska; filing of protraction dia- NOTICES: basic water charges ------2664 grams, Fairbanks Land District- 2677 Statement of organization and Arkansas; proposed withdrawal delegations of authority; Office and reservation of lands ------2677 of the Commissioner ------21 California; filing of plat and open- Interior Department ing of public lands ------2678 See Indian Affairs Bureau; Land Nevada; small tract classifications, Treasury Department Management Bureau. .amendments (2 documents) --- 2677 See Coast Guard.

Codification Guide The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. Monthly, quarterly, and annual cumulative guides, published separately from the daily issues, include the section numbers as well as the part numbers affected.

5 CFR 32A CFR Announcement 6------2659 NSA (CH. XVIII): 7 CFR INS------2665 CFR SUPPLEMENTS 914 ------2659 33 CFR (As of January 1, 1960) 1066 ------2659 124 ------2665 PROPOSED RULES: 207------2666 The following Supplements are now available: 943 ------2668 46 CFR Title 18------$0.55 Title 26, Parts 20-169 12 CFR 10 ------2667 ------1.75 PROPOSED RULES: 31 ------2667 Title 46, Part 150 1to End ------. 65 523 ------2676 136------2667 Title 49, Part 165 to End ----- 1.00 545 ------2676 167 ------2667 Previously announced: Title 3 ($0.60); Titles 14 CFR 4-5 ($1.00); Title 7, Parts 1-50 ($0.45); Parts 47 CFR 51-52 ($0.45); Parts 53-209 ($0.40); Title 8 241 ------2660 PROPOSED RULES: ($0.40); Title 9 ($0.35); Titles 10-13 ($0.50); 600 (3 documents) ------2661,2662 3 ------2670 Title 20 ($1.25); Titles 22-23 ($0.45); Title 26 601 (2 documents) ------2662 (1939), Parts 1-79 1$0.40); Parts 80-169 608 ------2633 ($0.35); Parts 170-182 ($0.35); Parts 300 to End ($0.40); Title 26, Part 1 (l§ 1.01-1.499) 16 CFR ($1.75); Parts I i§ 1.500 to End)-19 ($2.25); 13 (2 documents)------2663 Parts 170-221 ($2.25); Titles 30-31 ($0.50); Title 32, Parts 700-799 ($1.00); Part 1100 to End ($0.60); Title 36, Revised ($3.00); Title 38 25 CFR ($1.00); Title 46, Parts 146-149, Revised 221 ------2664 ($6.00); Title 49, Parts 1-70 1$1.75); Parts 91- 164 ($0.45). 32 CFR Order from the Superintendent of Documents, 1453 ------2665 Government Printing Office, Washington 25, D.C. Rules and Regulations

SUBCHAPTER B-PROHIBITION OF IMPORTED Title 5-ADMINISTRATIVE Title 7-AGRICULTURE COMMODITIES PERSONNEL Chapter IX-Agricultural Marketing PART 1066-IRISH POTATOES Service (Marketing Agreements and Importation Chapter I-Civil Service Commission i Orders), Department of Agriculture Notice of rule making regarding a pro- posed revision of grade, size, quality and PART 6-EXCEPTIONS FROM THE SUBCHAPTER A-MARKETING ORDERS COMPETITIVE SERVICE maturity regulations governing the im- [Navel Orange Regs. 168 and 172 portation of Irish potatoes into the International Cooperation Terminated] United States, effective under section 8e (7 U.S.C. 608e) of the Agricultural Mar- Administration PART 914-NAVEL O R A N G E S keting Agreement Act of 1937, as Effective upon publication in the FED- GROWN IN ARIZONA AND DES-' amended (7 U.S.C. 601-674), was pub- ERAL REGISTER, the title of § 6.349 is IGNATED PART OF CALIFORNIA lished in the FEDERAL REGISTER February amended to read. "International Cooper- 19, 1960 (25 P.R. 1492). The proposed ation Administration", paragraphs (a), § 914.468 and § 914.472 Navel Orange revision was concerned only with import (4), (b), (e), (g), (h), and (i) (2) and Regulations 168 and 172. requirements for round type red skinned (3) are revoked, paragraph (a) (5), the potatoes and no changes in currently ef- headnote of paragraph (f) and para- (a) Findings. (1) 'Pursuant to the fective import requirements for all other graph (f) (1) are amended, and para- marketing agreement, as amended, and types of potatoes were proposed. It was graphs (a) (6), (c) (2), (d) (2), (f) (2), Order No. 14, as amended (7 CFR Part proposed that import requirements for and (j) (1) and (2) are added, as set 914), regulating the handling of Navel round type red skinned potatoes meet the out below. oranges grown in Arizona and desig- same grade, size, quality, and maturity nated part of California, effective under regulations as are effective under Order § 6.349 International Cooperation Ad. No. 38 (Red River Valley of North Da- ministration. the applicable provisions of the Agricul- kota and Minnesota) instead of Order tural Marketing Agreement Act of 1937, (a) Office of the Director. No. 70 (Maine), during the period Oc- as amended (7 U.S.C. 601-674), and tober 1 through June 30 of each market- upon the basis of the recommendation ing year. The notice afforded interested (5) One Chauffeur for the Director. and information submitted by the Navel persons an opportunity to file data, (6) One Private Secretary to the Dep- Orange Administrative Committee, es- views, or arguments pertaining thereto uty Director of the International Coop- tablished under the said amended mar- not later than 15 days after publication eration Administration. keting agreement and order, and upon in the FEDERAL REGISTER. None was filed. other available information, it is hereby After consideration of all relevant found that the limitation of handling of matters presented, including the propos- (c) Offlce of the Deputy Director for such Navel oranges, as hereinafter als set forth in the aforesaid notice, it pro- is hereby found that Operations. vided, the determinations will tend to effectuate the declared with respect to importation of Irish po- policy of the act. tatoes into the United States, as here- (2) One Private Secretary to the Dep- (2) It is hereby further found that it inafter provided, are in accordance with uty Director for Operations. is impracticable and contrary to the said section 8e of the Act. (d) Office of the Deputy Director for public interest to give preliminary no- It is hereby further found that good Programand Planning. tice, engage in public rule-making pro- cause exists for not postponing the ef- cedure, and postpone the effective date fective date of this revision until Oc- of this regulation unil 30 days after tober 1, 1960, as proposed in the notice, (2) One Private Secretary to the Dep- publication hereof in the FEDERAL REGIS- or beyond April 1, 1960 (5 U.S.C. 1001- uty Director for Program and Planning. TER (5 U.S.C. 1001-1011) in that the time 1011), in that (1) market reports indicate intervening between the date when in- prospects of imminent imports of round type red skinned potatoes; (2) this re- (f) Office of the Deputy Director for formation upon which this regulation is vision has the effect of relieving restric- CongressionalRelations. based became available and the time tions on imports of round type red (1) Assistant to the Deputy Director when this regulation must become ef- skinned potatoes in that the regulations for Congressional Relations. fective in order to effectuate the declared in effect under Order No. 38 are'less re- (2) Deputy Director for Congressional policy of the act is insufficient, and this strictive than those in effect under Order Relations. regulation relieves restrictions on the No. 70 for such potatoes; (3) compliance handling of such Navel oranges. with this revision will not require any (b) Order. (1) The provisions of Na- special preparation by'importers; and (j) Office of the Deputy Director for. vel orange regulations 168 (§ 914.468; 24 (4) notice has been given of this revision PrivateEnterprise. F.R. 9048) and 172 (§ 914.472; 24 F.R. by publication thereof in the FEDERAL (1) Deputy Director for Private En- 9508), are hereby terminated effective REGISTER of February 19, 1960 (25 F.R. terprise. at 12:01 a.m., P.s.t., March 27, 1960. 1492). (2) One Private Secretary to the Dep- Order. In § 1066.1, Import regulations (Secs. 1-19, 48 Stat. 31, uty Director for Private Enterprise. as amended; 7 U.S.C. (24 F.R. 7809), delete paragraphs (a) - 601-674) and (b), and substitute in lieu thereof (R.S. 1753, sec. 2, 22 Stat. 403, as amended; new paragraphs (a) and (b) as set forth 5 U.S.C. 631, 633) Dated: March 25, 1960. below (paragraphs (c) through (h), in- UNITED STATES CIVIL SERV- S. R. SMITH, clusive, remain unchanged.) ICE COMMISSION, Director, Fruit and Vegetable § 1066.1 Import regulations. [SEAL] MARY V. WENZEL, Division, Agricultural Mar- Executive Assistant. keting Service. (a) Findings and determinationswith respect to imports o1 Irish potatoes. [F.R. Doc. 60-2962; Filed, Mar. 29, 1960; [P.R. Doe. 60-2886: Filed, Mar. 29, 1960; (1) Pursuant to section 8e of the Agri- 9:01 a.m.] 8:51 a.m.] cultural Marketing Agreement Act of 2659 2660 RULES AND REGULATIONS

1937, as amended (7 U.S.C. 601-674), it quirements of Marketing Order No. 38 must, by its very terms, be both of an is hereby found that: applicable to red skinned round type extraordinary nature and of material (i) Grade, size, quality, and maturity potatoes, and the grade, size, quality, magnitude. The amendment, in order regulations have been issued from time to and maturity requirements of Marketing to clarify what constitutes such an excep- time pursuant to the following marketing Order No. 70 for all other round varieties tion, presents a more detailed description orders: No. 38 (Part 938 of this chapter), shall be the respective grade, size, quality of what an item must be in order to be No. 57 (Part 957 of this chapter), No. 58 and maturity requirements for potatoes considered of an extraordinary nature. (Part 958 of this chapter), No. 59 (Part imported. It must be either (a) a net income ele- 959 of this chapter), No. 70 (Part 970 of (3) The grade, size, quality, and ma- ment which possesses no particular time this chapter), and No. 92 (Part 992 of turity requirements specified in this par- incidence, (b) a retroactive introduction this chapter) ; agraph shall apply to imports of potatoes, of an element which is not ordinarily a (ii) During the past several years unless otherwise ordered, on and after the recurrent component of net income, (c) grade, size, quality and maturity regula- effective date of the applicable domestic a retroactive exclusion of an element or- tions have been in effect pursuant to two regulation or amendment thereto, speci- dinarily a component of net income of or more of such orders during each fied in this paragraph or three days fol- prior periods, or (d) a retroactive adjust- month of the year; lowing publication of such regulation or ment of Federal subsidy due to a revision (iii) The marketing of Irish potatoes amendment in the FEDERAL REGISTER, of subsidy mail rates of prior periods. can be reasonably distinguished by two whichever is later. Under this requirement, items represent- seasonal categories, namely, first, fall or (Secs. 1-19, 48 Sbat. 31, as amended; 7 U.S.C. ing ordinary' corrections of errors in winter potatoes usually marketed during 601-674) prior computations of net income would the months of October through the fol- not be characterized as "Special." lowing June, with the great bulk of such Dated: March 25, 1960, to become ef- In the notice of proposed rule making marketings being out of storage, and, fective April 1, 1960. a standard to implement this principle second, potatoes marketed during July S. R. SMITH, was proposed. This suggested that an through September, with the great bulk Director, extraordinary item, to be "Special," must of, such marketings being made as the Fruit and Vegetable Division. exceed one percent of the twelve months- potatoes are harvested; [F.R. Doc. 60-2887; Filed, Mar. 29, 1960; to-date total operating revenues or total (iv) Concurrent grade, size, quality, 8:51 a.m.j operating expenses, depending on the and maturity regulations under two or nature of the item. Upon consideration more of the aforesaid marketing orders of the comments received, the Board does are expected in the ensuing and future find that the one percent limitation may seasons, as in the past. Title 14- AERONAUTICS AND be too restrictive. However, the Board (2) Therefore it is hereby determined does feel a standard is essential and, that: SPACE upon further study, believes that a (i) Imports of red skinned round type standard of one-half of one percent of potatoes during the months of October Chapter Il-Civil Aeronautics Board either operating revenues or expenses through the following June are in most SUBCHAPTER A-ECONOMIC REGULATIONS would be appropriate for measuring direct competition with the marketing of materiality; [Reg. No. ER-2991 the same type potatoes produced in the Some of the comments asserted that area covered by Order No. 38. PART 241-UNIFORM SYSTEM OF materiality should be related to net in- (ii) Imports of all other round type ACCOUNTS AND REPORTS FOR come and be peculiar to each individual potatoes during the months of October CERTIFICATED AIR CARRIERS case, whereas the proposed rule relates through the following June are in most materiality to operating revenues or op- direct competition with the marketing Special Income Credits and Debits erating expenses and establishes a stand- of'the same type potatoesproduced in the (Net) ard for special items. In the Board's area covered by Order No. 70; opinion, 'the measurement of materiality (iii) Imports of all round type, includ- MARCH 25, 1960. of an item in terms of its effect upon net ing red skinned round type of potatoes, A notice of proposed rule making was income is not adequate for regulatory during the months of July through Sep- published in the FEDERAL REGISTER (24 purposes inasmuch as the amounts thus tember are in most direct competition F.R. 8419) and circulated to the industry indicated to be "material" may in fact be with potatoes of the same type produced as Economic Regulations, Docket 10912, de minimis in absolute amount because in the area covered by Order No. 57; and dated October 12, 1959, proposing an of marginal net profit or loss. Moreover, (iv) Imports of long type potatoes amendment to Part 241 which would the Board does not agree that the criteria during each month of the marketing year clarify and define the use of classification of materiality should be based upon each are in most direct competition with "9700 Special Income Credits and Debits individual case. For regulatory purposes potatoes of the same type produced in (Net)" in carrier accounting practices. it is necessary that a standard be estab- the area covered by Order No. 57. Variances in different carriers' practices lished for special items, as well as for (b) Grade, size, quality and maturity in the use of such classification indicated other items. Such standards serve the requirements. On and after April 1, this need for a more definitive regulation. basic objective of reasonably insuring 1960, the importation of Irish potatoes, Interested persons have been afforded the maximum uniformity of results as except certified seed potatoes, shall be opportunity to participate in the formu- between carriers and the integrity of the prohibited unless they comply with the lation of this revision, and due consid- accounts on a cumulative basis rather following requirements: eration has been given to all relevant than simply within a single accounting (1) For the period July 1 through Sep- matter presented. Comments were re- period. tember 30 of each marketing year, the ceived from one air carrier and two Both public accounting firms asserted grade, size, quality, and maturity re- public accounting firms. that the definition of a special item quirements of Marketing Order No. 57 A basic objective of the Board's ac- should include material charges or cred- applicable to potatoes of the long or counting regulations is the maintenance its resulting from unusual sales of assets round types, including round type red of uniform practices between carriers to not acquired for resale and not of the skinned, shall be the respective grade, assure the interpretive integrity and type in which the company generally size, quality and maturity requirements comparability of individual account deals. The Uniform System of Accounts for imported potatoes of the long or classifications on a continuing basis. provides for the inclusion of gains or round types, including round type red Reasonable achievement of these objec- losses on retirements of property and skinned potatoes. tives requires that revenue and expense equipment in nonoperating account 8181 (2) For the period October 1 through items which represent ordinary recur- "Capital Gains and Losses." The Board June 30 of each marketing year, the rent adjustments be shown in the ac- feels that this provision is appropriate grade, size, quality and maturity require- counts to which ordinarily applicable in for regulatory purposes because it sep- ments of Marketing Order No. 57 appli- order to prevent a cumulative perpetua- arately identifies an item which is ex- cable to long type potatoes and the tion of classification errors. An excep- traneous to the regular transport opera- grade, size, quality and maturity re- tion to this, the so-called "Special Item," tions for the current period. Thus, such Wednesday, March 30, 1960 FEDERAL REGISTER 2661 an item is included in the specific ac- year shall be included in the same ac- plicable to services performed In prior count provided therefor in the deter- counts which would have been charged accounting years. (See § 241.2-7.)" mination of income of the period, and or credited if the items had not been b. By modifying that portion of para- the integrity and historical significance delayed; provided that any item of graph (d) (2) (i), beginning with "which of the individual account is preserved. extraordinary nature which is so large are attributable," to read as follows: The proposed definition of special in- in amount that inclusion in the accounts ,* * * which are attributable to serv- come credits and debits includes the for a single year would materially dis- ices performed during the current ac- extraordinary write-off of assets. Com- tort the total operating expenses or total counting year, and adjustments of a ment from the public accounting firms operating revenues, as applicable, shall recurring nature attributable to services points out that it should include only be included in Profit and Loss classifica- performed in prior accounting years. those write-offs which involve material tion 9700 Special items. Ordinary ad- (See § 241.2-7.)" amounts of intangible assets and certain justments of a recurring nature shall not c. By substituting .for the phrase after significant accounting adjustments re- be considered extraordinary and shall be the last semicolon in § 241.8(d) (3) the sulting from refunding or premature re- included in the accounts to which ordi- following: "and special recurrent items tirement of debt. This has been accepted narily applicable. For purposes of this of a non-period nature." by the Board and the revised rule now so section, debits or credits included in d. By modifying § 241.8(d) (5) to.read states. classification 9700 Special items shall be as follows: It was also recommended by one of limited to items (1) which have no par- the public accounting firms that recur- ticular time incidence; (2) which repre- (5) Special items. This primary clas- ring adjustments of prior years' income, sent revenue or expense elements being sification (9700) shall include extraor- if of sufficient magnitude, should- be retroactively Introduced Into the basis dinary credits and debits, exclusive of classified as special items. The Board used for income computation; (3) which ordinary adjustments of a recurring feels that income items accounted for represent revenue or expense elements nature, that are of sufficient magnitude in each period which represent adjust- being retroactively eliminated from the to materially distort the total operating ments recurrently effected to correct basis used for income computation; or revenues or total operating expenses and errors in the measurement of income (4) which are retroactive adjustments permit misleading inferences to be elements of prior periods, as differenti- of Federal subsidy due to revisions of drawn therefrom. (See § 241.2-7.) ated from the Introduction of new ele- subsidy mail rates of prior periods. Ex- § 241.12-00 [Amendment] ments or the elimination of previously, amples of extraordinary items to be in- 4. By modifying the second sentence existing elements, must be reflected in cluded in this classification, when of of § 241.12-00(a) by deleting therefrom the ordinary applicable accounts of the sufficient mhteriality, are: Catastrophic the income statement in order to prevent losses which are not a recurrent business phrase "performed during the cur- cumulative classification rent accounting period." errors. For hazard, such as from floods; the retro- 5. By modifying § 241.16 Objective tlls purpose, income items resulting active establishment or elimination of from revisions of subsidy mail rates for previously established reserves; and ex- classification; special items, to read as prior periods will be regarded as new traordinary write-offs of intangible follows: elements rather than adjustments of a assets which through unusual circum- § 241.16 Objective classification; special recurrent nature. stances have become worthless, and ad- items. Finally, it was requested by one of the justments resulting from refunding or 96 Special . Income Credits and Debits public accounting firms that an amend- premature retirement of debt. As a (Net). Record here extraordinary Income ment to the format of Form 41 be made standard practice, an extraordinary credits or debits accounted for during the whereby the item "Net income before item to be classified as special must ex- current accounting year in accordance with special items" would be changed to "Net ceed one-half of one percent of the the provisions of § 241.2-7. Records sup- income for the year," and "Net porting entries to this account shall be income twelve months-to-date total operating maintained with sufficient particularity to after special items" would be changed to revenues or total operating expenses de- identify the nature and gross, amount of "Net income and special items." It is pending on the nature of the item. each special income credit and each-special the Board's opinion that the existing Wheh an item (or items) recorded in income debit. presentation on Form 41 follows a the objective accounts of a given func- 97 Special Income Tax Credits and Debits method considered to be an acceptable tion and relating to a single transaction (Net). Record here Income taxes allocable accounting practice and that the pro- does not exceed this amount but does to items of income included in profit and posal offers no further advantage. loss account 96 Special Income Credits and exceed one percent of the total functional Debits (Net) and other extraordinary income In consideration of the foregoing, the classification of which it is a part, it shall tax assessments that do not constitute ordi- Civil Aeronautics Board hereby amends be included in the account to which nary adjustments of a recurrent nature in Part 241 of the Economic Regulations ordinarily applicable and footnoted on accordance with the provisions of § 241.2-7. (14 CFR Part 241) effective April 28, Form 41. Records supporting entries to this account 1960 to read as follows: (c) Items applicable to operations oc- shall be inaintained with sufficient particu- curring In prior quarters of the current larity to identify the nature and gross § 241.1-3 [Amendment] accounting year shall be included in the amount of each special credit and each spe- 1. By modifying the last sentence of same accounts that would have been cial debit. § 241.1-3(b) to read as follows: "Profit charged or credited if the items had not (Sec. 204(a), 72 Stat. 743; 49 U.S.C. 1324. and loss elements which are recorded been delayed; provided that, when the Interpret or apply sec. 407, 72 Stat. 766; 49 U.S.C. 1377) during the current accounting year are total amount of an adjustment recorded subclassified as between (1) those which in one or more of the regular objective By the Civil Aeronautics Board. relate to the current accounting year and accounts of a given function relating to [SEAL] MABEL MCCART, adjustments of a recurrent nature ap- a single transaction, exceeds one percent Acting Secretary. plicable to prior accounting years, and of the 12 months-to-date total in the (2) extraordinary items of material applicable functional account it shall be [F.R. Doe. 60-2875: Filed, Mar. 29, 1960; magnitude." identified in amount and nature by 8:50 a.m.] 2. By modifying § 241.2-7 Delayed quarters to which applicable as a foot- items, to read as follows: note to the CAB Form 41 Income state- Chapter Ill-Federal Aviation Agency ment for the quarter in which included. § 241.2-7 Delayed items. SUBCHAPTER E-AIR NAVIGATION (a) All items affecting net Income, § 241.8 [Amendment] REGULATIONS including revenue and expense adjust- 3. By modifying § 241.8 as follows: [Airspace Docket No. 59-LA-33; Amdt. 2801 ments, shall be recorded in the appro- a. By modifying that portion of para- PART 600-DESIGNATION OF priate profit and loss accounts shown on graph (d) (1) (1) which follows the sec- FEDERAL AIRWAYS the income statement, and shall not be ond comma to read as follows: "0 * * entered directly to retained, earnings. which relate to services performed dur- Modification (b) Items applicable to operations oc- ing the current accounting year, and On December 23, 1959, a notice of curring prior to the current accounting adjustments of a recurrent nature ap- proposed rule making was published in 2662 RULES AND REGULATIONS the FEDERAL REGISTER (24 F.R. 10457) control areas from the Malta intersection § 601.6218 VOR Federal airway No. 218 stating that the Federal Aviation Agency to the Rochester VOR via the Rockford, control areas (Rochester, Minn., to proposed to modify VOR Federal airway Ill., VOR, the Rewey, Wis., VOR, and the Pontiac, Mich.). No. 230, between Los Banos, Calif., and Waukon, Iowa, VOR will complete the All of VOR Federal airway No. 218. Fresno, Calif. dual route structure for the entire dis- No adverse comments were received tance between Chicago and Minneapolis. § 601.7001 [Amendment] regarding the proposed amendment. This dual route will serve the high volume 3. Section 601.7001 Domestic VOR re- Interested persons have been afforded of traffic between these major terminals. porting points: In the text add: Rewey, an opportunity to participate in the In addition the present segment of Wis., VOR., and Waukon, Iowa, VOR. making of the rule herein adopted, and Victor 218 and associated control areas due consideration has been given to all between Lansing and Flint is being re- These amendments shall become ef- relevant matter presented. voked and this airway and its associated fective 0001 e.s.t., June 2, 1960. The substance of the proposed amend- control areas is being redesignated herein (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 ment having been published, therefore, via the Lansing VOR 091' T radial which U.S.C. 1348, 1354). pursuant to the authority delegated to will overlie the proposed Pontiac VOR to Issued in Washington, D.C., on March me by the Administrator (24. F.R. 4530) be commissioned approximately October 23, 1960. 1, 1960, at and for the reasons stated in the notice, latitude 42'42'03" N., longi- D. D. THOMAS, § 600.6230 (24 F.R. 10523) is amended to tude 83031'49" W., to its intersection Director, Bureau of read: with VOR Federal airway No. 42. This Air Traffic Management. § 600.6230 VOR Federal airway No. 230 redesignation will provide a more direct airway route between Lansing and Pon- [F.R. Doc. 60-2847; Filed, Mar. 29, 1960; (Salinas, California to Fresno, Cali- 8:46 a.m.] fornia.) tiac than now exists since the former route via VOR Federal airway No. 84 and From the Salinas, Calif., VOR via the Victor 42 was terminated with the redes- [Airspace Docket No. 59-WA-82] Los Banos, Calif., VOR; INT of the Los ignation of Victor 84 via Flint and Peck, [Amdt. 278] Banos 086' True and the Fresno, Calif., Mich., in Docket No. 59-WA-116 (25 VOR 258' True radials; to the Fresno F.R. 173). PART 600--DESIGNATION OF VOR. Furthermore, the Rewey, Wis., VOR FEDERAL AIRWAYS This amendment shall become effec- and the Waukon, Iowa, VOR will be des- IAmdt. 329 ] tive 0001 e.s.t., June 2, 1960. ignated as domestic VOR reporting (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 points for air traffic management pur- PART 601-DESIGNATION OF THE U.S.C. 1348, 1354) poses. CONTINENTAL . CONTROL AREA, The ATA objected to the action pro- Issued in Washington, D.C., on March posed in the Notice, and recommended CONTROL AREAS, CONTROL 24, 1960. the extension of Victor 218 from Flint ZONES, REPORTING POINTS, AND D. D. THOMAS, to London via Peck VOR and the reten- POSITIVE CONTROL ROUTE SEG- Director, Bureau of Air Traffic Management. tion of Victor 84 between Lansing and MENTS London via the Selfridge VOR. The [F.R. Doc. 60-2846; Filed, Mar. 29, 1960; ATA then suggested that Victor 84 Modification of VOR Federal Airways, 8:45 a.m.] could be utilized whenever military air Associated Control Areas, and Rev- operations at Selfridge AFB permitted ocation of Reporting Point [Airspace Docket No. 59-KC-121 full use of the airway. The Federal Avia- On January 5, 1960, a notice of pro- [Amdt. 2331 tion Agency does not concur with the ATA. Victor 84 was redesignated, as posed rule making was published in the FEDERAL PART 600-DESIGNATION OF pointed out above, so as to remove the REGISTER (25 F.R. 63) stating that the Federal Aviation Agency pro- FEDERAL AIRWAYS airway from the vicinity of the highly concentrated military air operations posed to modify segments of VOR Fed- [Amdt. 276] connected with Selfridge AFB. It thus eral airways as follows: Extend Victor became necessary to redesignate Victor 39 from South Boston, Va., to Pinehurst, PART 601-DESIGNATION OF THE N.C.; realign Victor 3 between Florence, CONTINENTAL CONTROL AREA, 218, as effected herein, so as to serve the Pontiac area. S.C., and Raleigh-Durham, N.C., via the CONTROL AREAS, CONTROL No other adverse comments were re- Pinehurst VOR; realign Victor 155 be- ZONES, REPORTING POINTS, AND ceived regarding the proposed amend- tween Chesterfield, S.C., and Raleigh- POSITIVE CONTROL ROUTE SEG- ments. Durham via the Pinehurst VOR. MENTS Interested persons have been afforded Although not mentioned in the notice, an opportunity to participate in the these actions will eliminate the require- Modification of Federal Airway, Asso- making of the rules herein adopted, and ment for the Pinehurst intersection as ciated Control Areas, and Designa- due consideration has been given to all a designated reporting point. There- tion of Reporting Points relevant matters presented. fore, § 601.7001 of the regulations of the In consideration of the foregoing, and Administrator, relating to Domestic On December 9, 1959, a notice of pro- pursuant to the authority delegated to VOR reporting points, is being amended posed rule-making was published in the me by the Administrator (24 F.R. 4530) herein to delete Pinehurst intersection FEDERAL REGISTER (24 F.R. 9936) stating § 600.6218 (24 F.R. 10522), §601.6218 as a reporting point. that the Federal Aviation Agency pro- (24 F.R. 10603) and § 601.7001 (24 F.R. No adverse comments were received posed to amend §§ 600.6218, 601.6218 and 10606) are amended to read: regarding the proposed amendments. 601.7001 of the regulations of the Ad- 1. Section 600.6218, as follows: Interested persons have been afforded ministrator to modify VOR Federal air- an opportunity to participate in the way No. 218 by extending the airway and § 600.6218 VOR Federal airway No. 218 making of the rules herein adopted, and its associated control areas westerly from (Rochester, Minn., to Pontiac, due consideration has been given to all Malta, Ill., to Rochester, Minn., and re- Mich.). relevant matter received. designating the airway and its associated From the Rochester, Minn., VOR via The substance of the proposed amend- control areas from Lansing, Mich., to the Waukon, Iowa, VOR; Rewey, Wis., ments having been published, therefore, Pontiac, Mich. VOR; Rockford, Ill., VOR; INT of the pursuant to the. authority delegated to .A5 stated in the notice, the present Rockford, Ill., VOR 136 ° T and Naper- me by the Administrator (24 F.R. 4530) airway structure between the Chicago, ville VOR 290' T radials; Naperville, Ill., and for the reasons set forth in the Ill., terminal area and the Minneapolis, VOR; Keeler, Mich., VOR; Lansing, notice, §§ 600.6003 (24 F.R. 10503, 25 F.R. Minn., terminal area provides for dual Mich., VOR; to the INT of the Lansing 2011), 600.6039 (24 F.R. 10510, 25 F.R. routing from Chicago to Nodine, Minn., ° 1664), 601.6039 (24 F.R. 10599, 25 F.R. and from Nodine to Minneapolis, but VOR 091 T and the Flint, Mich., VOR 140 ° T radidls. 1664), 600.6155 (24 F.R. 10518) and with these routes converging at Nodine. 601.7001 (24 F.R. 10606) are amended as Extending Victor 218 and its associated 2. Section 601.6218, as follows: follows: Wednesday, March 30, 1960 FEDERAL REGISTER 2663

1. In the text of § 600.6003 VOR Fed- notice, public procedure, and effective It is ordered, That respondents Brown eral airway No. 3 (Key West, Fla., to date requirements of section 4 of the & Williamson Tobacco Corporation, a Presque Isle, Maine), delete "INT of the Administrative Procedure Act is unnec- corporation, and ° its officers, and Ted Florence VOR 008 and the Raleigh VOR essary. Bates & Company, Inc., ° a corporation, 220 radials;" and substitute therefor In consideration of the foregoing, the and its officers, and respondents' repre- "Pinehurst, N.C., VOR;". following action is taken: sentatives, agents and employees, di- 2. Section 600.6039 VOR Federal air- In § 608.24, the Manhattan, Kans., rectly or through any corporate or other way No. 39 (South Boston, Va., to Restricted Area (R-197) (Salina Chart) device, in connection with the offering Presque Isle, Maine) : (23 F.R. 8581) is amended by deleting for sale, sale and distribution of Life (a) In the caption delete "(South "Surface to 30,000 feet MSL" and sub- cigarettes, or any other filter cigarette. Boston, Va., to Presque Isle, Maine)." stituting therefor "Surface to 29,000 feet whether offered for sale or sold under- the and substitute therefor "(Pinehurst, MSL." same or any other name, in commerce, N.C.,. to Presque Isle, Maine)." This amendment shall become effec- as "commerce" is defined in the Federal (b) In the text delete "From the tive upon the date of publication in the Trade Commission Act, do forthwith South Boston, Va., VOR via the Gor- FEDERAL REGISTER. cease and desist from: donsville, Va., VOR;" and substitute 1. Using any pictorial presentation (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 or therefor "From the Pinehurst, N.C., U.S.C. 1348, 1354) demonstration purporting to prove that VOR via the South Boston, Va., VOR; the filter used in said cigarettes absorbs Gordonsville, Va., VOR; ". Issued in Washington, D.C., on March or retains more of the tars or nicotine in 3. In the caption of § 601.6039 VOR 24, 1960. cigarette smoke than the filter used in Federal airway No. 39 control areas E. R. QUESADA, other cigarettes, when such pictorial (South Boston, Va., to Presque Isle, Administrator. presentation or demonstration does not Maine), delete "(South Boston, Va., to [F.R. Doc. 60-2849; Filed, Mar. 29, 1960; in fact so prove, or purporting to prove Presque Isle, Maine)." and substitute 8:46 a.m.] that the filter used in said cigarettes therefor "(Pinehurst, N.C., to Presque absorbs or retains all of the tars or nico- Isle, Maine)." tine in cigarette smoke. 4. In the text of § 600.6155 VOR Fed- 2. Representing, directly or by impli- eral airway, No. 155 (Augusta, Ga., to Title 16-COMMERCIAL cation, that Life cigarettes, or any other Washington, D.C.), delete "point of INT filter cigarette offered for sale or sold by of the Raleigh VOR 2200 and- the Flor- PRACTICES respondents, have the sanction of or are ence, S.C., ° VOR 008 radials;" and sub- Chapter I-Federal Trade Commission approved by the United States Govern- stitute therefor "Pinehurst, N.C., ment, or any agency thereof. VOR;". [Docket 7688 c.o.] 3. Representing, directly or. by impli- 5. In the text of § 601.7001 Domestic PART 13-PROHIBITED TRADE cation, that the United States Govern- VOR reporting points, delete "Pineh~irst ment, or any agency thereof, has, found Intersection: The intersection of the PRACTICES that the smoke of Life cigarettes, or any Raleigh, N.C., omnirange 2200 T and Brown & Williamson Tobacco Corp., other filter cigarette, is lower in tar or nicotine content the Florence, S.C., omnirange 0080 T et al. when compared with radials." the smoke of other filter cigarettes. These amendments shall become ef- - Subpart-Advertising falsely or mis- It is further ordered, That the com- fective 0001 e.s.t., June 2, 1960. leadingly: § 13.20 Comparative data or plaint be, and the same hereby is, dis- merits; § 13.85 Government approval, missed as to respondent David Loomis. (Sees. 307(a), 313(a), 72 Stat. 749; 752; 49 action, connection or standards;§ 13.85- U.S.C. 1348, 1354) By "Decision of the Commission", 35 Government indorsement; § 13.205 etc., report of compliance was required Issued in Washington, D.C., on March Scientific or other relevant facts. as 24, 1960. follows: (See. 6, 38 Stat. 722; 15 U.S.C. 46. In- D. D. THOMAS, terpret or apply see. 5, 38 Stat. 719, as It is ordered, That respondents Brown Director,Bureau of amended; 15 U.S.C. 45) [Cease and desist & Williamson Tobacco Corporation, a Air Traffic Management. order, Brown & Williamson Tobacco Corpo- corporation, and Ted Bates and Com- [F.R. Doc. 60-2848; Filed, Mar. 29, 1960; ration, et al., Louisville, Ky., Docket 7688, pany, Inc., a corporation, shall within 8:46 a.m.] February 24, 1960] sixty (60) days after service upon them In the Matter of Brown & Williamson of this order, file with the Commission a report in writing setting forth in detail [Airspace Docket No. 59-KC-73; Amdt. 85] Tobacco Corporation, a Corporation, Ted Bates & Company, Inc., a Corpo- the manner and form in which they have PART 608-RESTRICTED AREAS ration, and David Loomis, Individually complied with the order to cease and and as an Officer and Account Execu- desist. Modification tive of Ted Bates & Company, Inc. Issued: February 24, 1960. The purpose of this amendment to This proceeding was heard by a hear- By the Commission. § 608.24 of the regulations of the Ad- ing examiner on the complaint of the ministrator is to modify the Manhattan, Commission charging a leading manufac- [SEAL] ROBERT M. PARRISH, Kans., Restricted Area (R-197) (Salina turer of tobacco products and its adver- Secretary. Chart). tising agency with representing falsely [P.R. Doc. 60-2858; Filed, Mar. 29, 1960; Restricted area R-197 is presently used in advertising in magazines and news- 8:47 a.m.] by the U.S. Army for mortar, howitzer, papers and by radio and television that antiaircraft and small arms firing, from the filter of "Life" cigarettes retains more [Docket 7062 o.j the surface to 30,000 feet MSL, and con- of the tar and nicotine in smoke than trolled by the Commander, Fort Riley, other cigarette filters, and removes all PART 13-PROHIBITED TRADE Kans. A recent review of activity with- the tars and nicotine, as proved by an PRACTICES in this area indicates that 29,000 feet illustrated demonstration; that Life cig- MSL will encompass all activity cur- arettes are endorsed and sanctioned by Samuel A. Mannis and Samuel A. rently conducted and expected in the the United States Government which Mannis & Co. near future. Therefore, the Federal has found the smoke of the- cigarettes Subpart-Advertising Aviation Agency is reducing the upper to be lowest in tar and nicotine. falsely or mis- altitude limit of R-197 from 30,000 feet Based on a consent agreement, the leadingly: § 13.70 Fictitiousor misleading MSL to 29,000 feet MSL. Such action hearing examiner made his initial de- guarantees; § 13.155 Prices: § 13.155-80 will result in the designated altitudes cision and order to cease and desist Retail as cost, etc., or discounted. of R-197 extending from the surface to which became, on February 24, the de- Subpart-Invoicing products falsely. 29,000 feet MSL. cision of the Commission. § 13.1108 Invoicing products falsely:. Since this amendment reduces a bur- The order to cease and desist is as § 13.1108-45 Fur Products Labeling Act. den on the public, compliance with the follows: Subpart-Misbranding Qr mislabeling: 2664 RULES AND REGULATIONS

§ 13.1212 Formal regulatory and statu- dyed, or otherwise artificially colored qualified appraisers having no pecuniary tory requirements: § 13.1212-30 Fur fur. or other interest in such fur products. Products Labeling Act. Subpart-Neg- D. Failing to set forth the term H. Making pricing claims and repre- lecting, unfairly or deceptively, to make "Second-hand" on labels affixed to fur sentations of the type referred to in material disclosure: § 13.1852 Formal products that have been used or worn subparagraph (1) of paragraph C above regulatory and statutory requirements: by an ultimate consumer. unless there are maintained by respond- § 13.1852-35 Fur Products Labeling Act; E. Setting forth on labels affixed to ent full and adequate records disclosing § 13.1880 Old, used, or reclaimed as un- fur products information required under the facts upon which such claims and used or new. / section 4(2) of the Fur Products Label- representations are based. (Sec. 6, Stat. 722; 15 U.S.C. 46. Interpret or ing Act and the rules and regulations It is further ordered, That the allega- apply Sec. 5, 38 Stat. 719, as amended; Sec. promulgated thereunder which is abbre- tions of the complaint that the respond- 8. 65 Stat. 719; 15 U.S.C. 45, 69f) [Cease and viated, handwritten or mingled with ent removed, or caused or participated in desist order, Samuel A. Mannis & Co., Holly- non-required information. the removal of, prior to the time certain wood, Calif., Docket 7062, February 9, 1960] 2. Falsely or deceptively invoicing fur fur products were sold and delivered to This case was heard by a hearing ex- products by: the ultimate consumer, labels required aminer on the complaint of the Commis- A. Failing to furnish to purchasers of by the Fur Products Labeling Act to be sion charging the concessionaire of the fur products invoices showing all infor- affixed to such products; or falsely in- fur department of a Pasadena depart- mation required to be disclosed by each voiced certain fur products as charged ment store, added by the purchaser of the of the subsections of section 5(b) (1) of in subparagraphs (a) and (c) of Para- stores' merchandise following its bank- the Fur Products Labeling Act. graph Nine of the complaint; or falsely ruptcy, with violating the Fur Products B. Setting forth on invoices the name advertised free storage, as alleged in Labeling Act by failing to comply with or names of any animal or animals other Paragraph Seventeen of the complaint; labeling, invoicing and advertising re- than the name or names of the animal or falsely advertised fur products quirements including failure to use the or animals that produced the fur con- through use of deceptive percentage sav- term "Second-Hand", naming other ani- tained in said fur product. ings claims, as alleged in Paragraph mals than those producing certain furs, C. Failing to set forth the term Eighteen of the complaint, be, and they and representing himself falsely as the "Second-hand" on invoices issued in hereby are, dismissed. connection with the sale of fur products manufacturer of his fur products; by By "Decision of the Commission", re- advertising sales below cost, fur prod- that have been used or worn by an ulti- mate consumer. port of compliance was required as fol- ucts as from a distress source and as lows: guaranteed, etc.; and by failing to keep 3. Falsely or deceptively advertising fur adequate records as a basis for pricing products, through the use of any ad- It is further ordered,That respondent, claims. vertisement, representation, public an- Samuel A. Mannis, shall, within sixty From the initial decision, counsel filed nouncement, or notice which is intended (60) days after service upon him of this cross-appeals both of which were granted to aid, promote, or assist, directly or order, file with the Commission a report, in part. The initial decision was there- indirectly, in the sale or offering for sale in writing, setting forth in detail the upon modified in accordance with the of fur products, and which: manner and form in which he has com- Commission's opinion and, as so modi- A. Sets forth information required by plied with the order to cease and desist fied, on February 9, was adopted as the section 5(a) (1) of the Fur Products La- contained herein. decision of the Commission. beling Act and the Rules and Regulations Issued: February 9, 1960. The order -to cease and desist is as promulgated thereunder in abbreviated follows: form. By the Commission. B. Fails to designate as "Second-hand" It is ordered, That respondent Samuel [SEAL] ROBERT M. PARRISH, fur products that have been used or worn Secretary. A. Mannis, an individual, doing business by an ultimate consumer. as Samuel A. Mannis and Company, or C. Represents, directly or by implica- [F.R. Doc. 60-2859; Filed, Mar. 29. 1960; under any other trade name or names, tion, and contrary to the facts, that any 8:48 a.m.] and respondent's representatives, agents such fur products: and employees, directly or through any (1) Are being offered for sale at or corporate or other device, in connection below respondent's wholesale cost. with the introduction into commerce, or (2) Must be sold by respondent with- Title 25--INDIANS the sale, advertising, offering for sale, out regard to cost or loss. Chapter I-Bureau of Indian Affairs, transportation or distribution in com- (3) Were manufactured or originally Department of the Interior merce of any fur product, or in connec- created or designed by or for respondent. tion with the sale, advertising, offering (4) Were secured by respondent from PART 221-OPERATION AND for sale, transportation or distribution of a source that Is in financial or other MAINTENANCE CHARGES any fur product which has been made in distress. whole or in part of fur which has been D. Represents, contrary to the fact, Uintah Indian Irrigation Project, Utah shipped and received in commerce, as that respondent has thousands of fur "commerce", "fur" and "fur product" are products for customers to choose from. BASIC WATER CHARGES defined in the Fur Products Labeling Act, E. Represents, directly or by implica- In order to permit the completion of do forthwith cease and desist from: tion, that respondent is a manufacturer an investigation as to the basic water •1. Misbranding fur products by: or wholesaler of fur products or that fur charge which should appropriately be A. Falsely or deceptively labeling or products can be purchased from re- made with respect to the operation and otherwise identifying any such product spondent without a middleman's profit. maintenance of the Uintah Indian Irri- as having been manufactured or origi- F. Represents, directly or by implica- gation Project, Utah, the due date as nally created or designed by or for tion, that any fur product is guaranteed, fixed in § 221.78 for assessments provided respondent. unless the nature and extent of such in §§ 221.77 and 221.77b of Title 25 of B. Failing to affix labels to fur prod- guarantee and the manner in which the the Code of Federal Regulations is hereby ucts showing in words and figures guarantor will perform thereunder are extended to May 1, 1960, for the 1960 plainly legible all information required clearly and conspicuously set forth. irrigation season only. to be disclosed by each of the subsections 0. Uses the term "written bonded ap- ELMER F. BENNETT, of section 4(2) of the Fur Products praisal", or terms of similar import or Acting Secretary of the Interior. Labeling Act. meaning, to represent the value of fur C. Using the term "blended" on labels products being offered for sale unless MARCH 28, 1960. to refer to or describe fur products which such valuations are based upon authen- [F.R. Doc. 00-2934; Filed,,Mar. 29, 1960; contain or are composed of bleached, tic and bona fide appraisals of value by 8:53 a.m.I Wednesday, March 30, 1960 FEDERAL REGISTER 2665

Agents where the United States has not" certain regulations relating to the safe- Title 32-NATIONAL DEFENSE been named as a party defendant, the guarding against destruction, loss, or in- underwriter will refer such suits to the jury from sabotage or other subversive .Chapter XIV-The Renegotiation Department of Justice In order that ap- acts, accidents, or other causes of sim- Board propriate defenses may be promptly en- ilar nature to vessels, harbors, ports, and SUBCHAPTER B-RENEGOTIATION BOARD REG- tered to obtain dismissal of the action. waterfront facilities in the United States, ULATIONS UNDER THE 1951 ACT See. 4." [Amendment] and all territory and waters, continental or insular, subject to the jurisdiction PART 1453-MANDATORY EXEMP- 3. Amend section 4 Vessels insuredand of the United States exclusive of the TIONS FROM RENEGOTIATION terms of insurance by changing the at- Canal Zone. tachment date stated therein to read Pursuant to the authority of 33 CFR Exemption of Common Carriers by March 31, 1960, midnight, e.s.t., and by 6.04-8 in Executive Order 10173 (15 P.R. Water changing the expiration date stated 7007; 3 CFR, 1950 Supp.) the Captain Section 1453.3 (d) (2) Fiscal years end- therein to read March 31, 1961, midnight, of the Port may supervise and control the ing on or alter December 31, 1953 is e.s.t. The annual premium rate re- movement of any vessel and shall take amended by deleting, in subdivision (i) mains the same at $3.50 pe' gross regis- full or partial possession or control of any thereof, the words "January 1, 1959", and tered ton on a daily pro rata basis. vessel or any part thereof within the inserting in lieu thereof the words Sec. 5. [Amendment] territorial waters of the United States "January 1, 1960". under his jurisdiction whenever it ap- 4. Amend paragraph (e) of section 5. pears to him that such action is neces- (Sec. 109, 65 Stat. 22; 50 U.S.C. App. Sup. Assumption of risk by Owner and attach- sary in order to secure such vessel from 1219) ment and cancellation dates o1 con- damage or injury or to prevent damage" Dated: March 25, 1960. mercial insurance by changing the at- or injury to any waterfront facility or tachment date stated therein to read waters of the United States or to secure THOMAS COGGESHALL, March 31, 1960, midnight, e.s.t. the observance Chairman. of rights and obligations Sec.-7. [Amendment] of the United States. IF.R. Doc. 60-2874; Filed, Mar. 29, 1960; The provisions of 33 CFR 124.10 set 8:50 a.m.] 5. Amend paragraph (a) of section 7 forth the requirements regarding the Insurance premiums by changing the ex- advance notice of vessel's estimated time piration date stated therein to read of arrival to be furnished to the Captain March 31, 1961, midnight, e.s.t. of the Port. The new section designated Title 32A-NATIONAL DEFENSE, Sec. 9. [Amendment] 33 CFR 124.20 describes the statutory penalties for 6. Amend paragraph (c) of section 9 failure to give required ad- vance APPENDIX Settlement of claims by changing the at- notice of time of arrival. Because of the national emergency tachment date stated therein to read Chapter XVIII-National Shipping declared by the President, it is found March 31, 1960, midnight, Authority, Maritime Administration, e.s.t. that compliance with the Administrative Department of Commerce Sec. 11. [Amendment) Procedure Act (respecting notice of pro- 7. Amend paragraph (b) of section 11 posed rule making, public rule making [NSA Order No. 6 (INS-i, Seventh Rev., procedures thereon, and effective date Amdt. 2)] Report of claims by changing the report- ing date stated therein to read December requirements thereof) is impracticable INS-1 MARINE PROTECTION AND IN- 31, 1960. and contrary to the public interest. DEMNITY INSURANCE INSTRUC- By virt*ue of the authority vested in me In accordance with the provisions of as Commandant, United States Coast TIONS UNDER GENERAL AGENCY section 4 of the Administrative Procedure Guard, by Executive Order 10173 as AND BERTH AGENCY AGREEMENTS Act (5 U.S.C. 1003), it is found to be im- amended by Executive'Orders 10277 and Miscellaneous Amendments practicable and not in the public interest 10352, I hereby prescribe the following to delay the effective date thereof; there- amendments which shall become effec- Effective as of March 31, 1960, mid- fore, the foregoing amendments shall be tive upon the date of publication of this night, e.s.t., INS-I is hereby amended effective as aforesaid. document in the FEDERAL REGISTER: as follows: Dated: March 22, 1960. 1. Section 124.10 is amended to read as follows: Section 1. [Amendment) WALTER C. FoRD, 1. Amend section 1 What this order Deputy Maritime Administrator. § 124.10 Advance notice of vessel's time does by changing the attachment date [F.R. Doc. 60-2843; Filed, Mar. 29, 1960; of arrival to Captain of the Port. stated therein to read March 31, 1960, 8:45 a.m.] (a) The master or agents of every midnight, e.s.t. foreign vessel and every documented 2. Amend sec. 2 to read as follows: vessel of the United States arriving at Title 33-NAVIGATION AND a United States port or place from a Sec. 2. Insurer. port or place outside the United States The Maritime Administration has ne- or destined from one port or place in the gotiated a contract with the National NAVIGABLE WATERS United States to another port or place Automobile and Casualty Insurance, Chapter I-Coast Guard, Department in the United States shall give at least Company, 639 South Spring Street, mail 24 hours' advance notice ofA arrival to the address Box 5780, Metro. Station, Los of the Treasury Captain of the Port at every port or place Angeles 55, California (referred to in [CoFR 60-16] where the vessel is to arrive except as this order as the "underwriter"), for the SUBCHAPTER K-SECURITY OF VESSELS follows: renewal of the current protection and ,(1) When the port of arrival is not indemnity insurance on the same terms PART 124-CONTROL OVER MOVE- located within geographical area as- and conditions as expiring, including the MENT OF VESSELS signed to a particular Captain of the per annum premium rate of $3.50 per Port, this advance notice of time of ar- gross registered ton of each insured yes- Advance Notice of Time of Arrival rival shall be made to the Commander sel. The insuring agreement covers the of Vessels of the Coast Guard District in which period from March 31, 1960, midnight, By Executive Order 10173 the Presi- such a port or place is located. e.s.t., to March 31, 1961, midnight, e.s.t. dent found that the security of the (2) When there is "force majeure," The insurance Is only altered to the ex- United States is endangered by reason and it Is not possible to give at least a tent that in all suits against the General of subversive activities and prescribed 24 hours' advance notice of time of ar- No. 62- 2 2666 RULES AND REGULATIONS

rival, then advance notice as early as § 124.20 Penalties for violations. certain procedures, or set forth inter- practicable1(3) shall be furnished. Failure to give advance notice will sub- pretations used as a basis for adminis- When the vessel, while in United ject the master or agents of a vessel to tration or enforcement of certain vessel States waters, does not navigate any the penalties of fine and imprisonment, inspection laws. portion of the high sea, i.e. any portion as well as subject the vessel to seizure The amendment to 46 CFR 10.02-5 of the open sea, below the low water and forfeiture, as provided in section 2, (i) (1), regarding general requirements mark along the coasts and projections Title II of the Act of June 15, 1917, as for persons to obtain deck or engineer of the land across the entrances of bays, amended, 50 U.S.C. 192. In addition, officers' licenses, eliminates from the sounds and other bodies of water which such failure may result in delay in the join the open sea. character check and reference require- movement of the vessel from the harbor ments that the applicants for original (4) When a vessel is engaged upon a entrance to her facility destination deck licenses shall obtain written en- scheduled route if a copy of the schedule within the particular port. is filed with the Captain of the Port for dorsements of engineers on vessels on each port of call named in the schedule (Sec. 1, 40 Stat. 220, as amended; 50 U.S.C. which the applicants have served. such 191, E.O. 10173, 15 F.R. 7005, 3 CFR, 1950 and the times of arrival at each Supp., E.O. 10277, 16 F.R. 7537, 3 CFR, 1951 The amendment to 46 CFR 31.05-1(c) port are adhered to. Supp., E.O. 10352, 17 F.R. 4607, 3 CFR, 1952 cancels the procedural requirements (5) When the master of a merchant Supp.) that the Officer in Charge, Marine In- vessel (except on a coastwise voyage of 24 hours or less) reports in accordance Dated: March 23, 1960. spection, signing a certificate of inspec- tion for a tank vessel will have it veri- with the U.S. Coast Guard's voluntary [SEAL] A. C. RICHMOND, fied by his oath before a chief officer of "Merchant Vessel Reporting Program", Vice Admiral, U.S. Coast Guard, he shall be considered to be in construc- Commandant. the customs of the district or before any other person competent by law to ad- tive compliance with the requirements [F.R. Doc. 60-2872; Filed, Mar. 29, 1960: of this paragraph, minister oaths. This practice was dis- of subparagraph (1) 8:50 a.m.] and no additional advance notice of ves- continued when R.S. 4421 (46 U.S.C. sel's arrival reports to the Captain of 399) was amended by the Act of June 8, the Port are required. The master or Chapter II-Corps of Engineers, 1955, which abolished the statutory re- agent of a vessel on coastwise voyages of Department of the Army quirement that certificates of inspection 24 hours or less shall report the advance had to be issued with verifications by notice of vessel's arrival as provided in PART 207-NAVIGATION subparagraph (1) of this paragraph. REGULATIONS oath. The amendment to 46 CFR 136.11-10 (6) When a vessel which is engaged in operations in and out of the same port, Pensacola Bay, Fla. changes the reference to the standard either on voyages to sea and return with- Pursuant to the provisions of section form used for request for payment of out having entered any other port, or on 7 of the River and Harbor Act of August witness fees, subsistence, and mileage coastwise voyages within the same Coast 8, 1917 (40 Stat. 266; 33 U.S.C. 1), from "Standard Form No. 1034" to Guard District, or from ports within the § 207.176 establishing and governing the "Standard Form No. 1157." Standard First, Ninth, Thirteenth or Seventeenth use and navigation of a seaplane re- Form No. 1157, Claim for Fees and Mile- Coast Guard Districts to adjacent Cana- stricted area in Pensacola Bay, Florida, age of Witness, is specifically intended dian ports, and where no reason exists is hereby amended redesignating the for this purpose. It has been found which renders such action prejudicial to southern boundary of the area, revising that Standard Form No. 1034, Public the rights and interests of the United paragraph (a) to read as follows: Voucher for Purchases and Services States; the Coast Guard District Com- § 207.176 Pensacola Bay, Fla.; seaplane Other Than Personal, is difficult for the mander having jurisdiction may pre- restricted area. average witness type claimant to use. scribe conditions under which Coast (a) The area. Beginning at latitude The amendment to 46 CFR 167.45-70 Guard Captains of the Ports may con- 30°22'28"' , longitude 87°16' 00"; thence (a) revises the regulations regarding sider such a vessel as being in construc- to latitude 30°21'02", longitude portable fire extinguishers for public tive compliance with the requirements of 87°14'20"; thence to latitude 30°20'02", nautical schoolships so that the require- this section without the necessity for re- longitude 87°15,16"; thence to latitude ments for these ships will be similar to porting each individual arrival. 30°20'11"; longitude 87°17'58"; and those for other vessels concerning spare (7) When the vessel is entering the thence to 2720 true to the shore. fire extinguisher charges or spare ex- Great Lakes. If, however, the vessel is Regs., iarch 15, 1960, 285/91 (Pensacola Bay, tinguishers in lieu of spare charges. bound for a United States' port in the Fla.)-ENGCW-O] (Sec. 7, 40 Stat.,266; 33 There are now several varieties of ap- U.S.C. 1) Great Lakes, the master or agents of the proved portable fire extinguishers which R. V. Lm, vessel shall: cannot be readily recharged by the ves- (i) Immediately on the vessel's entry Major General, U.S. Army, The Adjutant General. sel's personnel. In practice spares have into Lake Ontario inbound, advise the been required for these varieties to the Commander, Ninth Coast Guard District, [F.R. Doc. 60-2845; Piled, Mar. 29, 1960; 8:45 a.m.] same extent that spares are required for of the vessel's first intended United CO, extinguishers, rather than prohib- States port of call and estimated time of iting their use. arrival in that port. Because the amendments in this doc- (ii) Upon the vessel's arrival in the Title 46-SHIPPING ument are editorial, interpretations, or first United States port, cause to be pertain to procedures, it is hereby found delivered to the Captain of the Port, an Chapter I-Coast Guard, Department of the Treasury that compliance with the Administrative itinerary giving the vessel's foreign ports Procedure Act (respecting notice of pro- of call during the preceding six months [CGFR 60-171 posed rule making, public rule making or last visit to a United States port CHARACTER REFERENCES FOR DECK procedure thereon, and effective date whichever is later, the intended ports of requirements thereof) is deemed to be call on the Great Lakes, and the esti- OFFICERS, VERIFICATION OF TANK -VESSEL CERTIFICATES OF INSPEC- unnecessary. mated dates of arrival. By virtue of the authority vested in me (iii) Thereafter, immediately advise TION, WITNESS FEES CLAIMED ON STANDARD FORMS, AND SPARE as Commandant, United States Coast the Commander, Ninth Coast Guard Dis- Guard, by Treasury Department Orders PORTABLE FIRE EXTINGUISHERS trict, when the necessity of a deviation 120, dated July 31, 1950 (15 F.R. 6521), from that itinerary becomes known. FOR PUBLIC NAUTICAL SCHOOL '167-9, dated August 3, 1954 (19 F.R. 2. Part 124 is amended by adding a SHIPS 5915), 167-14, dated November 26, 1954 new section at the end thereof reading The amendments in this document are (19 F.R. 8026), 167-.20, dated June 18, as follows: editorial in nature and bring up-to-date 1956 (21 F.R. 4894), CGFR 56-28, dated Wednesday, March 30, 1960 FEDERAL REGISTER 2667 July 24, 1956 (21 F.R. 7605), and 167- 1, 2, 49 Stat. 1544, 1545, as amended, sec. 7, SUBCHAPTER R-NAUTICAL SCHOOLS 38, dated October 26, 1959 (24 F.R. 8857), 53 Stat. 1147, as amended, secs. 7, 17, 54 to promulgate regulations in accordance Stat. 165, as amended, 166, as amended, sec. PART 167-PUBLIC NAUTICAL 3, 54 Stat. with 346, as amended, secs. 2, 3, 68 SCHOOL SHIPS the statutes cited with the regula- Stat. 484, 675, sec. 3, 70 Stat. 152; 46 U.S.C. tions below, the following regulations 391a, 404. 405, 224, 224a, 226, 228, 229, 214, Subpart 167.45-Special Fire-Fight- - are prescribed 231, 233, 225, and shall become effective 237, 367, 247, 526f, 526p, 1338, ing and Fire Prevention upon 293b, 50 U.S.C. 198, 46 U.S.C. 390b) Require- the date of publication of this doc- ments ument in the FEDERAL REGISTER: SUBCHAPTER D-TANK VESSELS Section 167.45-70 is amended by re- SUBCHAPTER B--MERCHANT MARINE vising paragraph (a) and subparagraph OFFICERS AND SEAMEN PART 31-INSPECTION AND (a) (2) to read as follows: CERTIFICATION PART 10-LICENSING OF OFFICERS § 167.45-70 Portable fire extinguishers, general AND MOTORBOAT OPERATORS Subpart 31.05-Certificates of requirements. AND REGISTRATION Inspection (a) Extra safety-valve units shall be OF STAFF carried on board § 31.05-1 [Amendment] for 50 percent of the OFFICERS hand fire extinguishers of the foam type. Section 31.05-1 Issuance O1 certificate Extra charges shall be carried on board Subpart 10.02-General Require- of inspection-TB/ALL is amended by for 50 percent of each size and variety ments for all Deck and Engineer canceling paragraph (c) and by redesig- of fire extinguishers provided. If 50 per- Officers' Licenses nating paragraph (d) as paragraph (c). cent of each size and variety of fire ex- tinguishers carried gives (R.S. 4405, as amended, a fractional Section 10.02-5(i) (1) is amended 4417a, as amended, result, extra charges and to 4462, as amended; 46 extra safety- read as follows: U.S.C. 375, 391a, 416. valve units shall be provided for the -next Interpret or apply sec. 3, 68 Stat. 675, 50 largest whole number. § 10.02-5 Requirements for original U.S.C. 198; E.O. 10402, 17 P.R. 9917; 3 CPR, licenses. 1952 Supp.) (2) When the portable fire extin- (i) Character check and references. SUBCHAPTER K-MARINE INVESTIGATIONS AND guisher is of such variety that it cannot (1) The Officer SUSPENSION AND REVOCATION PROCEED- be readily recharged by the vessel's per- in Charge, Marine In- sonnel, spection, shall require INGS one spare unit of the same clas- each applicant for sification shall be carried an original license in lieu of spare to have the written PART 136-MARINE INVESTIGATION charges for all such units of the same endorsement of the master and that of REGULATIONS size and variety. two other licensed officers of a vessel on (R.S. 4405, as amended; 46 U.S.C. which he has served. For a license as Subpart 136.11-Witnesses and 375. Inter- pret or apply R.S. 4417, as amended, 4418, as engineer or as pilot at least one of the Witness Fees amended, 4426, as amended, 4428-4434, as other endorsers shall be the chief engi- amended, 4450, as amended, 4488, as neer or licensed pilot, respectively, of a § 136.11-10 [Amendment] amended, 4491, as amended, 41 Stat. 305, as amended, sees. 1, vessel on which the applicant has served. 2, 49 Stat. 1544, as amended, Section 136.11-10 Witness fees, subsis- secs. 1-21, 54 Stat. 163-167, as amended, see. Where no sea service is required for a tence, and mileage is amended by chang- 3, 68 Stat. 675; 46 US.C. 391, 392, 404, 406- license, the applicant may have the en- ing the number of the Standard Form 412, 239, 481, 489, 363, 367, 526-526t, 50 U.S.C. 198, dorsement of three reputable persons to from "1034" to E.O. 10402, 17 F.R. 9917, 3 CFR, 1952 "1157" in the second Supp.) whom he is known. sentence of paragraph (a) 'and in the (R.S. 4405, as amended, 4462, as amended; first sentence of paragraph (b). Dated: March 23, 1960. 46 U.S.C. 375, 416. Interpret or apply R.S. (R.S. 4405, as amended, 4462, as amended. [SEAL] A. C. RICHMOND, 4417a, as amended, 4426, as amended, 4427, Interpret or apply R.S. 4450, as amended, Vice Admiral, U.S. Coast Guard, as amended, 4438-4442, as amended, 4445, as secs. 1, 2, 49 Stat. 1544, 1545, as amended, sec. 'Commandant. amended, 4447, as amended, sec. 2, 29 Stat. 3, 70 Stat. 152, sec. 3, 68 Stat. 675; 46 U.S.C. jF.R. 188, as amended, sec. 1, 34 Stat. 1411, secs. Doc. 60-2873; Piled, Mar 29, 1960; 239. 367, 390b, 50 U.S.C. 198) 8:50 a.m.] Proposed Rule Making

sonable relationship with prices at those I price. The substantial reduction in DEPARTMENT OF AGRICULTURE points in Missouri, Iowa, and Wisconsin price, which otherwise would have oc- Agricultural Marketing where alternative supplies are available. curred, threatened a serious curtailment Service Even though prices are comparable on of the production for the market and [7 CFR Part 943 ] an annual average, North Texas prices the possibility of a shortage of milk this have been out of line with those in the winter. [Docket No. AO-231-A12] Midwest during the months of heaviest The standard norms provided in the MILK IN THE NORTH TEXAS production because the seasonal pricing order should be revised seasonally to pre- MARKETING AREA pattern in North Texas has differed from vent unwarranted contraseasonal move- that of other markets. The present ments in price. The spread between the Notice of Recommended Decision and order provides a Class I differential dur- maximum and minimum percentages Opportunity To File Written Excep- ing March, April, May and June which within which no adjustment takes place tions to Proposed Amendments to is 20 cents less than that during other should also be widened to 6 percentage Tentative Marketing Agreement months; whereas in most Midwest mar- points to prevent frequent short time kets, the differential is 40 cents lower changes of only a cent or two in the level and to Order in April, May and June than during of the Class I price. Pursuant to the provisions of the Ag- other months. In the revised table of supply-demand ricultural Marketing Agreement Act of In the past substantial quantities of norms, although there is a considerable 1937, as amended (7 U.S.C. 601 et seq.), other source milk have been imported by degree of variation from month to month and the applicable rules of practice and North Texas handlers during the April- between the present and proposed stand- procedure governing the formulation of June period, even though ample supplies ards, the minimum percentages set forth marketing agreements and marketing of local producer milk were available, will average slightly higher, on a yearly orders (7 CPR Part 900), notice is hereby because the handler who purchased such basis, than those now in the order. The given of the filing with the Hearing Clerk other source milk was able to buy it de- widening of the range within which the of this recommended decision of the livered to Dallas at a price lower than the supply-demand percentages can fluctu- Deputy Administrator, Agricultural Mar- North Texas Class I price. Changing ate without a change in price taking keting Service, United States Depart- the seasonal pattern of the Class I differ- place, coupled with the proposed seasonal ment of Agriculture, with respect to ential without materially affecting its changes in the peucentages, would have proposed amendments to the tentative annual level will remove the incentive had the effect of reducing prices slightly marketing agreement and order regu- to bring in outside supplies when local below those which have prevailed during lating the handling of milk in the North production is adequate to meet the mar- March, April, May and June, but would Texas marketing area. Interested par- ket requirements. have prevented the very substantial re- ties may file written exceptions to this The Class I differential should be fixed duction in price which has occurred in decision with the Hearing Clerk, United at $1.85 per hundredweight during the the fall months in the past two years. States Department of Agriculture, Wash- months of March through June and at Producers also proposed that a contra- ington, D.C., not later than the close of $2.25 for all other months. While this seasonal limitation provision be incorpo- business the 10th day after publication results in a reduction of approximately rated in the supply-demand adjustor, of this decision in the FEDERAL REGISTER. one and one-half cents per hundred- applicable for the months of June The exceptions should be filed in quad- weight in the annual average of the dif- through November, and that the present ruplicate. ferential the changes in the supply- provision which limits the maximum op- Preliminary statement. The hearing demand adjustment which have been eration of the adjustor to plus or minus on the record of which the proposed recommended below will offset this 50 cents be reduced to plus or minus 25 amendments, as hereinafter set forth, change. Thus at any given supply-de- cents. to the tentative marketing agreement mand relationship there will be no re- The purpose of the supply-demand and to the order, were formulated, was duction in the actual Class I prices to adjustor is to reflect in the Class I price, conducted at Dallas, Texas, on October producers on the annual average from changes in the relationship of producer 28, 1959, pursuant to notice thereof which that which would otherwise prevail. receipts to Class I sales. It is not in- was issued October 21, 1959 (24 F.R. The supply-demand adjustment norms tended to affect Class I prices seasonally 8653). in the. order should be revised to reflect during the year. To limit the operation The material issues on the record of the change in the seasonal pattern of of the supply-demand adjustor season- the hearing related to: production that has taken place in Texas ally would tend to nullify its effective- 1. A revision, both of the Class I differ- markets, and the range within which no ness. Similarly, reducing the maximum ential and of the supply-demand ad- adjustment takes place should be wid- limits within which the supply-demand justment norms; ened to prevent frequent erratic changes adjustor can operate would also serve to 2. The definition of "supply plant"; in the Class I price. nullify its effectiveness. 3. A revision of the method of applying In the last 2 years production in the It is concluded that in view of the a charge to inventories which are al- late summer and fall has been higher in supply-demand conditions prevailing in located to Class I; relation to sales than that set forth in the marketing area and the revised 4. The exclusion of lactose from the the supply-demand norms provided in supply-demand norms as provided for computation of a handler's utilization; the order. During the winter and early herein, the adjustor's proper functioning 5. The inclusion in the order of an spring, however, production in relation should not be impaired, either by limiting "equivalent price" provision; and to sales has been lower than that which it seasonally or by reducing the total 6. Changing from a "market-wide" to prevailed during the period on which the range within which it may operate. an "individual-handler" pool. norms are based. As a result, the effect 2. The definition of the term, "supply Findings and conclusions. The fol- of the supply-demand adjustor in the plant", should be revised to delete the lowing findings and conclusions on the past 2 years has been to increase Class I requirement that such a plant be under material issues are based on the evidence prices at the beginning of the flush pro- the routine inspection of the appropriate presented at the hearing and the record duction season and to reduce them sub- health authority. thereof: stantially during the fall months when Under the present requirements a plant 1. The Class I differential should be re- production generally is lower and Class which is approved to ship milk could dis- vised to provide a greater seasonality in I sales are usually at their peak. pose of its entire receipts in the North the Class I price. To mitigate its adverse effects on pro- Texas marketing area, every day in the duction during the past fall, an order On an annual average, at the present year and still fail to qualify as a pool was issued suspending a portion of the time, the North Texas price is in a rea- plant if the health authority failed to supply-demand adjustment of the Class make its routine 2668 inspection. Whether an Wednesday, March 30, 1960 FEDERAL REGISTER 2669

approved plant is pooled under the order It is concluded therefore that the ad- (a) The tentative marketing agree- should depend on its degree of associa- dition of lactose to a fluid milk product ment and the order, as hereby proposed tion with the market and not on the should continue to be considered the to be amended, and all of the terms and regularity of inspection by the health same as the addition of any other nonfat conditions thereof, will tend to effectuate authority which has issued the approval. milk solid and the practice of converting the declared policy of the Act; The performance standards now in the to a fluid equivalent on the same basis (b) The parity prices of milk as deter- order are such that only a plant which as other solids In the accounting pro- mined pursuant to section 2 of the Act has a definite association with the mar- cedures of the order should be continued. are not reasonable in view of the price ket participates in the market-wide pooL 5. A section should be added to the of feeds, available supplies of feeds, and Adoption of the proposal will not change order providing that, in the event one of other economic conditions which affect this situation and it will permit partici- the price quotations prescribed for use market supply and demand for milk in pation therein by other plants which in making any of the computations in the the marketing area, and the minimum may become an important source of order is not published or available, the prices specified in the proposed market- supply but which may not be subject to market administrator shall use a price ing agreement and the order, as hereby regular periodic inspection by a local determined by the Secretary to be equiv- proposed to be amended, are such prices authority. alent to that prescribed. as will reflect the aforesaid factors, in- 3. No change should be made in the The pricing provisions of the order sure a sufficient quantity of pure and present practice of applying a reclassi- utilize a number of prices from various wholesome milk, and be in the public fication charge to inventories which are sources. It is possible that occasionally interest; and subsequently allocated to Class I. one of the specified prices may not be (c) The tentative marketing agree- The purpose of the charge on inventory reported or published. To facilitate the ment and the order, as hereby proposed which is reclassified as Class I the follow- functioning and administration of the to be amended, will regulate the han- Ing month is to insure that all handlers order, it Is necessary to provide that the dling of milk in the same manner as, pay at least the Class I price for milk market administrator shall use a price and will be applicable only to persons'- which is disposed of. for Class I use.- A determined by the Secretary to be equiv- in the respective classes of industrial and charge is made only if the handler had alent to or comparable with the unre- commercial activity specified in, a mar- receipts of producer milk in excess of his ported or unpublished price in the event keting agreement upon which a hearing Class I use or receipts of other source of such an occurrence. has been held. milk which were not classified and priced 6. The present market-wide -pool Recommended marketing agreement as Class I milk under another Federal should be maintained. and order amending the order. The order during the preceding month which The adoption of an individual-handler following order amending the order regu- are allocated to Class I use in the current pool was proposed by one handler. For lating the handling of milk in the North month. To remove the reclassification reasons undisclosed on the record, this Texas marketing area is recommended charge on such milk would afford han- handler purchases substantial quantities as the detailed and appropriate means dlers an opportunity to gain a competi- of other source milk for use in Class I by which the foregoing conclusions may tive advantage by building up inventories even though receipts of locally produced be carried out. The recommended mar- of producer milk at the Class II price or milk are well in excess of the Class I re- keting agreement is not included in this of unprice'd other source milk and dis- quirements of the market. The few pro- decision because the regulatory pro- posing of such milk for Class I use in cer- ducers who supply milk to this handler visions -thereof would be the same as tain months. might benefit temporarily from an in- those contained in the order, as hereby 4. Lactose or any other ingredient de- dividual-handler pool to the detriment propoied to be amended: rived entirely from milk, when added to of the remainder of the producers who a- fluid milk product should continue to supply the market. Adoption of an § 943.9 [Amendment] be accounted for in the same manner as individual-handler pool would also tend 1. Delete the phrase, "and under the nonfat dry milk or condensed skim milk to cause the disruption of the orderly routine inspection of", in the first sen- which is used in the reconstitution or marketing procedures. No producer ap- tence thereof. fortification of fluid peared at the hearing in support of the milk products. proposal. Neither was it supported by § 943.45 [Amendment] The proponents of the proposal to ex- any other handler in the market. 2. Amend the proviso in § 943.45 to clude such lactose from being accounted Rulings on proposed findings and con- read as follows: "Provided, That,. if any for under the order argued that it should clusions. Briefs and proposed findings of the water contained in the milk from be considered in the same category as and conclusions were filed on behalf of which a product is made has been re- chocolate, sucrose, or any other nonmilk certain interested parties in the market. moved, or if milk solids in any form have ingredient which might be used as a These briefs, proposed findings and con- been added to the product, before it is flavoring or stabilizing agent in the man- clusions and the evidence in the record utilized or disposed of by the handler, ufacture of certain -fluid milk products, were considered in making the findings the pounds of skim milk disposed of in since it is added solely to enhance the and conclusions set forth above. To the such product shall be considered to be flavor and increase the salability of the extent that the suggested findings and an amount equivalent to all the nonfat product. This does not afford a basis for conclusions filed by interested parties are milk solids contained in such product, inconsistent with -the findings and con- distinguishing between the method of plus all the water originally associated clusions set forth herein, the requests to with such solids". accountng for lactose and for other milk make such findings or reach such con- solids that may be added to fluid milk, clusions are denied for the reasons § 943.51 [Amendment] since the principal reason for adding such previously stated in this decision. 3a. Amend the introductory para- solids is likewise to improve the flavor or General findings. The findings and graph of § 943.51(a) to read as follows: body and increase the salability of the determinations hereinafter set forth are product. supplementary and in addition to the (a) Class I milk. The basic formula findings and determinations previously price for the preceding month (rounded The major problem here is to find a to the nearest one-tenth cent) plus $1.85 basis for distinguishing lactose from made in connection with the issuance of the aforesaid order and of the previ- for the months of March through June, other milk products used for fortifica- and plus $2.25 for all other months sub- tion. The record did not disclose suffi- ously Issued amendments thereto; and all of said previous findings and deter- ject to a supply-demand adjustment of ciently the methods by which this dis- not more than 50 cents computed as could be made. Consequently minations are hereby ratified and af- tinction firmed, except insofar as such findings follows: there is insufficient evidence on which to and determinations may be in conflict b. Delete the table contained In change the method of accounting em- with the findings and determinations set § 943.51 (a) (2) (iii) and substitute there- ployed by the market administrator. forth herein. for the following: 2670 PROPOSED RULE MAKING

1. This proceeding was Initiated by a Standard released Channel No. utilization Notice of Proposed Rule-Making City Month for Months used in percentages June 26, 1956 (FCC 56-600), in which the which price computation Present Proposed applies Commission requested comments on a Mini- Maxi- proposal to deintermix the Fresno tele- mum mum vision market by the following channel Bakersfield, Calif ---- 10-, 17,29,39+ 8+, 10-, 12±, 17,29,39+ reassignments (offsets were designated Fresno, Calif------12+,"18-,24, 2-,5-, "7+, January ...... October-November --- 106 112 subsequently), which would make pos- 47,53 9-,53 February --- November-December.. 107 113 Salinas-Monterey, March ----- December-January ------109 115 sible the operation of up to four com- Calif ------8+,35 8-,35 April ------January-February ------109 115 mercial and one non-commercial tele- Tonopah, Nov------9-...... May ------February-March ------113 119 vision stations at Fresno on UHF Goldfield, Nov ------5----...... June ------March-April ------120 126 July ------April-May ------126 132 channels: August ..-.. May-June _------123 129 4. The proposed channel offsets were September June-July ------119 125 October- July-August------113 119 Channel No. assigned in a Supplemental Notice re- November .... August-September ------106 112 City leased August 4, 1959. In the document December .... September-October --- 105 111 Present Proposed issued July 17, 1959, the Commission va- cated the previous Report and Order of (ii) and (iii) March 1, 1957, and the show cause order c. Reissue § 943.51 (a) (3) Fresno, Calif ------12+, -18-, 24, "18-, 24,30+, to read as follows: 47,53 47,53 associated therewith; requested com- Madera, Calif C "U _ 3-,20,30+ 26 3 12-2-,20, 2659 ments on the revised reallocation pro- (ii) One cent for the lesser of: Santa Barbara, Calif 30 3-,1 posal; and directed to the operators of (a) Each such percentage point of net the three Fresno stations Orders to Show deviation, or 2. On the basis of information then devi- Cause why their authorizations should (b) .Each percentage point of net before it, which included comments and not be modified to specify operation on ation of like direction (plus or minus, reply comments filed by interested par- three of the new VHF channels proposed with any net deviation of opposite direc- ties, the Commission on March 1, 1957, to be assigned to Fresno. The proposal tion considered to be zero for purposes released a Report and Order (FCC 57- the provision of computations of this subparagraph) additionally contemplated 185) announcing its determination that of a VHF channel at Fresno reserved for computed pursuant to subparagraph (2) the public interest would be served by non-commercial educational use. of this paragraph for the month imme- adopting the foregoing channel reas- 5. At this stage the Commission has diately preceding; plus signments as a means of deintermixing now had the benefit of numerous and (iii) One cent for the least of: the Fresno market. It was noted addi- (a) Each such percentage point of net detailed pleadings filed by interested tionally that such action made possible parties, both with respect to its earlier deviation; the addition of a VHF channel assign- proposal to place all commercial opera- (b) Each percentage point of net devi- ment in Santa Barbara. Associated tions in Fresno in the UHF band, and its ation of like direction computed pursuant with the Report and Order was an Order subsequent, alternative proposal to make to subparagraph (2) of this paragraph directing the licensee of KFRE-TV op- possible all VHF service in both Fresno for the month immediately preceding, or erating on Channel 12 in Fresno, to show (c) Each percentage point of net devi- and Bakersfield. All the data and argu- cause why its license should not be mod- ments submitted by the parties in both ation of like direction comhputed pur- ified to specify operation on Channel suant to subparagraph (2) of this para- of these proceedings have been pains- 30 at Fresno. The Report and Order studied in an effort to arrive graph for the second preceding month; takingly did not effectuate the proposed shift of at a final conclusion as to which ap- 4. Add as § 943.54 the following: Channel 12 from Fresno to Santa Bar- proach would best serve the important § 943.54 Use of equivalent prices. bara or the shift of Channel 30 from objective of deintermixing television Madera to Fresno, but, at that stage, service in this part of the country. Al- If for any reason a price quotation re- was confined to the substitution of though in July 1959, on the basis of in- quired by this order for computing class Channel 59 for Channel 30 at Madera. formation then before us, we were of the prices or for any other purpose is not had ad- Subsequently the Commission enter- view that the VHF approach available in the manner described, the vantages, we now, for the 'reasons dis- tained a series of pleadings, including market administrator shall use a price cussed hereinafter, and on the basis of a determined by the Secretary to be equiv- petitions for the reconsideration of its total review of the advantages and dis- alent to the price which is required. decision to make Fresno all UHF. advantages attaching to each approach, 3. After long and careful deliberation Issued at Washington, D.C., this 25th have come to the conclusion that, all day of March 1960. and restudy of television allocations in things considered, 1UHF deintermixture the San Joaquin Valley it became appar- is the preferable course. Roy W. LENNARTSON, ent that there was available an alterna- 6. Before reaching our decision, we Deputy Administrator. tive method deintermixing not only have most carefully studied all the com- [F.R. Doc. 60-2885; Filed, Mar. 29, 1960; Fresno but, in addition, nearby Bakers- ments, reply comments, and other plead- 8:51 a.m.] field. On July 17, 1959, being then per- ings filed by the parties to the proceed- ing. The most detailed submissions were on the basis of information be- suaded filed by McClatchy Newspapers, Inc., li- fore it that the alternative proposal- censee of KMJ-TV, Channel 24, Fresno FEDERAL COMMUNICATIONS which involved the provision of sufficient (McClatchy) ; O'Neill Broadcasting Com- channels to permit three commercial pany, permittee of KJEO, Channel 47, COMMISSION VHF stations and one potential non- Fresno (O'Neill); Bakersfield Broadcast- commercial, educational station to op- ing Company, licensee of KBAK-TV, 147 CFR Part3 1 erate at Fresno, and up to three com- Channel 29, Bakersfield (BBC); Kern [Docket No. 11759; FCC 60-2791 mercial stations in Bakersfield to oper- County Broadcasting Company, permit- tee of KLYD-TV, Channel 17, Bakersfield CALIFORNIA AND NEVADA ate in the VHF band-was preferable to the UHF approach previously consid- (Kern County); Triangle Publications, Table of Assignments; Television ered, the Commission released a Mem- Inc., licensee of KFRE-TV, Channel 12, Fresno (Triangle); Marietta Broadcast- Broadcast Stations orandum Opinion and Order, Notice of ing, Inc., licensee of KERO-TV, Channel In the matter of Amendment of § 3.606 Further Proposed Rule-Making, and 10, Bakersfield (Marietta). Additional Table of assignments, Television Broad- Orders to Show Cause (FCC 59-723) pleadings filed by other interested per- cast Stations, (Fresno, Bakersfield, and looking toward the following channel sons have also been carefully considered. Santa Barbara, California; Goldfield and reassignments in Fresno and Bakers- 7. We discuss first the fundamental Tonopah, Nevada); Docket No. 11759. field: question underlying both alternative ap- Wednesday, March 30, 1960 FEDERAL REGISTER 2671 proaches to deintermixture. That Is, etta, the Commission has been urged by the chances for financially successful whether the public interest calls for re- UHF operators to consider the possibili- operation of a UHF service in competi- allocations to make possible either an ties of deintermixture. Two of them- tion with an available VHF service. all-UHF or an all-VHF service in the Bakersfield and Fresno-are the subject While some circumstances present in the area concerned, or whether, as has been of this proceeding. Deintermixture pro- San Joaquin Valley-such as unusually argued by some of the parties, it would be ceedings are pending in Evansville and favorable conditions for UHF signals preferable to maintain the status quo. Montgomery. In two instances, addi- propagation, and the relative absence 8. On this point we find little basis for tional VHF frequencies have been as- of VHF over-shadowing from stations hesitation. Not only the familiar ex- signed to local or nearby communi- assigned to other cities--would indicate perience of UHF operation in competi- ties (Tampa-St. Petersburg and Lake that the opportunities for successful tion with VHF service generally, but also Charles). In one instance deintermix- UHF operation in competition with local the available facts concerning competi- ture was considered and, for reasons not VHF stations may be superior in this tive disparities between UHF and VHF controlling here, rejected in a rule market'as compared with others, the operations in Fresno and Bakersfield, in making proceeding (Madison). In the facts demonstrate that even under these our judgment convincingly demonstrate remaining cases, the Commission has favorable conditions UHF stations had that it would clearly serve the public in- endeavored, although without success so been unable to operate on a basis com- terest to remove the competitive dis- far, to find suitable solutions. It is thus parable with the competing VHF service. parities now existing between local UHF clear that the mere coexistence of UHF 15. It is contended that the goal we and VHF operation, as a means of fur- and VHF services in the markets cited by seek-improved opportunities for op- thering the opportunity for the mainte- Marietta does not support the conclusion eration of fully competitive facilities- nance and development of television that the public interest would be served somehow contravenes our mandate un- service in the San Joaquin Valley. by perpetuating intermixture in the der section 307(b) of the Communication 9. It is argued by parties to this pro- Fresno market. Act of 1934, as amended, which provides: ceeding that in the circumstances pre- 12. We have also attentively con- In considering applications for licenses, vailing in the San Joaquin Valley it is sidered all of the arguments offered in and modifications and renewals thereof, not necessary that all local television out- the record of this proceeding to the when and insofar as there is demand for the lets operate on the same band in order to effect that local conditions in the San same, the Commission shall make such dis- achieve effective competition and render Joaquin Valley are such that the almost tribution of licenses, frequencies, hours of operation, and of power among the several the optimum service to the cities and universal experience elsewhere relating States and communities as to provide a fair, rural areas concerned. We have atten- to intermixture is not applicable there. efficient, and equitable distribution of radio tively examined the financial and statis- Parties have cited the existence of topo- services to each of the same. tical data submitted by the parties in graphical conditions favorable to the support of this contention. Triangle propagation of UHF signals in the area If there is a contradiction in the Act and contends that in Fresno the two UHF concerned which consists largely of a our objectives herein, it eludes us. How- stations are operating on a comparable relatively level valley flanked by moun- ever much all-UHF or all-VHF commer- competitive footing with the VHF sta- tains on either side. Reference has been cial allocations in the San Joaquin Valley tion, KFRE-TV, and in support has sub- made additionally to the high degree of may inure to the private benefit of some mitted statistical data purporting to UHF. receiver conversion which makes of the broadcasters now competing there, show that in percentage of audience and large audiences accessible to the UHF that private gain, If it should result, in commercial spot announcements stations. would be incidental only. What we seek carried, the three stations are on a par. 13. We recognize that the terrain In is the public benefit which flows from 10. The UHF operators respond with the San Joaquin Valley served by UHF reducing competitive disparities to the statements reflecting operating losses of stations is relatively even except in the extent possible by placing local commer-. their stations. We note that the most high mountains flanking the Valley. A cial services in the same band, and recent financial reports filed with the high percentage of the television homes thereby heightening opportunities for Commission (1958) by the Fresno sta- in the metropolitan areas served by these maintaining, increasing and improving tions show that the gross revenues of stations are equipped to receive UHF the currently available and future tele- the VHF station was 60 percent higher signals. This demonstrates that UHF is vision services. We are firmly of the than one of the competing UHF stations technically feasible in this particular view that such improvement is to be ex- and 35 percent higher than the other. region and can provide a highly satis- pected from placing all commercial These results reflect, and are explainable factory broadcast service. However, the service at FrLno in the UHF band. We in large measure by, the'kinds of com- competitive disparity between UHF and find nothing in section 307(b) of the Act petitive advantages which, as experience VHF stations is not based essentially or which derogates either from the pro- everywhere has shown, attach to VHF solely on the technical service potential priety of our objective or the validity of operation in competition with UHF sta- of one type of facility over the other. our judgment that the public interest tions. The disparity occurs in Fresno This is apparent in the San Joaquin Val- would be better served by the action notwithstanding the fact that engineer- ley where the physical conditions of the taken herein than under the present ing studies made by TASO and the Com- area demonstratively lend themselves to system of intermixed commercial serv- mission show that the area served by the UHF propagation. It is rooted in factors ice at Fresno. present UHF stations are comparable beyond the control of the broadcaster, 16. The primary purpose of seeking to. with the coverage achieved by the VHF and manifestly derives from all of the reduce competitive disparities among station on Channel 12, and notwith- experience accrued with UHF operation stations In the same market-insofar as standing the fact that the two UHF sta- throughout the United States for the they derive from the use of the different tions in Fresno serve as a prime outlet in past five years, which is too familiar and frequency bands-is not, of course, to the area for the programs of the NBC has been too repeatedly stated and ana- improve or otherwise adjust the com- and ABC television networks. lyzed to require or warrant still another mercial opportunities of station opera- 11. It is true, as Marietta points out, detailed elaboration herein. tors, but rather to enhance the oppor- that UHF stations continue to operate in 14. We need not labor this further. If tunities for the development of television a number of markets where there are one there is one circumstance which has service capable of filling the needs and or more local VHF stations. In all but been established beyond doubt in the interests of members of the public resi- two of the 16 markets cited, there is one manifold experiences of UHF operators dent throughout the areas concerned. VHF-station. While Marietta cites these everywhere that they compete with VHF, It is this objective which, on the basis circumstances In support of Its conten- It is that, for a complex of familiar of everything that has been before us in this proceeding, we conclude can be tion that it is possible for UHF service to reasons related to receiver conversion, better served making possible a shift survive in a one-VHF station intermixed advertiser support, program availabili- to all-UHF commercial operations in market, it does not follow that the public ties and other related factors, UHF op- Fresno than by the all-VHF plan en- interest is best served by perpetuating the erations, however serviceable to the visaged in Further Notice of July 1959. competitive disparities which exist in public, are subjected to competitive ad- Under the VHF plan embodied in that such markets. In every one of the 14 versities which impose seemingly Ines- proposal, while it would be possible to one-VHF station markets cited by Marl- capable and substantial burdens upon assign sufficient channels for three VHF 2672 PROPOSED RULE MAKING stations in Fresno and Bakersfield, plus it is our considered judgment that our vening terrain, and that as a conse- an additional noncommercial VHF sta- decisions herein cannot deter, frustrate quence, such communities would lose tion in Fresno, the expectable effect of or significantly burden such ultimate re- service under our VHF proposal. These that action-at least for the foreseeable allocations as may in due course take arguments were adduced in support of future-would be to limit television out- place over a necessarily long transition the contention that the Commission lets in the San Joaquin Valley to that period. It is now moreover clear, for should not remove Channel 12 service number of stations. Its adoption, would, reasons already discussed, that, pending from its Meadow Lakes site from which we believe, create almost insuperable the adoption and implementation of service reaches Auberry and North Fork, obstacles for the possible development of some major nationwide reallocations or that in any event we should not im- additional stations not only at Fresno plan, the approach adopted herein will pose the Patterson Mountain site on any and Bakersfield, but also in numbers of open up better opportunities for the ex- of the newly assigned channels, but smaller cities in the areas where UHF pansion of television service in the area should sanction substandard separations channels are assigned, such as Tulare, in question. so as to permit the use of sites nearer to Delano, Hanford, Madera, Merced, Mo- 18. In comparing the advantages and Fresno, such as the one at Meadow Lakes. desto, Porterville, and Visalia. Given disadvantages associated with the alter- Nevertheless, it is noteworthy that the the resources of the 70 available UHF natives of UHF and VHF deintermixture Meadow Lakes site, which is more favor- channels not only is it possible to pro- of the Fresno market, and more particu- able for service to such communities, is vide for additional stations both at larly, in endeavoring to ascertain the available to UHF stations as well. More- Fresno and Bakersfield, but additionally, present and ultimate service potential over, translator stations which may be the set conversion which an all-UHF of each approach, we have closely con- authorized under Part 4 of the Commis- plan would encourage in outlying areas sidered a number of circumstances af- sion's rules could be used if needed to which do not now have UHF conversion fecting the practicable possibilities for provide service to any shadow areas in equivalent to the high levels achieved effective technical operation in the UHF the foothills. in the center of the Fresno market, and VHF bands. 22. As noted, difficulties associated would help to overcome one of the most 19. In response to our VHF proposal with the Patterson Mountain site could, formidable barriers to the eventual es- of July 1959, a number of comments were to some extent, be met by authorizing tablishment of additional local outlets directed to the difficulties and drawbacks stations on the proposed new VHF chan- in the smaller cities in the area. We note associated with our VHF proposal. First, nels at Fresno to operate at substandard in this connection that on December 7, in order to comply with applicable mini- separations. In Docket 13340 the Com- 1959, an application was filed for a con- mum co-channel separations by the sta- mission announced the basis on which struction permit for a new UHF televi- tions operating at Fresno, San Francisco it would be prepared to consider such sion station at Tulare. The fact that and Los Angeles on Channels 2, 5, 7 and spaced assignments. We do not, how- the total spectrum availabilities for the 9, it would be necessary to locate the ever, believe that solution would be de- establishment of UHF stations in the Fresno transmitters on Patterson Moun- sirable in this case for a number of area are greater in the UHF band than tain which is some 43 miles airline dis- reasons. Such action at Fresno would in the VHF band, in our considered tance from Fresno, and over 60 miles by call for the suppression of the radiations judgment, strongly underscores the pref- road. Suitable sites would be situated of new stations in the direction of the erability of the UHF approach to de- more than 8,000 feet above Fresno. Al- co-channel stations at San Francisco intermixture of commercial television though it appears, despite some conflict- thus curtailing the range of useful serv- operations in the area. ing evidence, that an adequate access ice these stations could render. While 17. Some parties who opposed the VHF road exists, there is a serious question the degree of suppression to be required plan announced in our Further Notice of concerning the practicability of access are not now finally established, it is evi- July 1959 urged that, owing to the im- during winter months. dent that suppression on the order of portance of the television markets in the 20. Additional problems associated that envisaged in the proposal under San Joaquin Valley, the elimination- with the use of Patterson Mountain site consideration in Docket 13340 would sig- for the foreseeable future-of UHF serv- involve decreased intensity of the sig- nificantly foreshorten the range of serv- ice which could be expected to follow nals which it would be possible to place ice from new Fresno stations, operating the assignment of the proposed new VHF over Fresno itself. Compared with the at short separations. Use of the pro- channels would strongly and adversely 95 dbu signal (56.2 mv/m) placed in posed VHF channels at Fresno, whether affect the general outlook for the success Fresno by KFRE-TV operating from its at standard or substandard spacings, of the UHF operations in other parts of present transmitter site at Meadow would additionally foreshorten the the country. Our decision does not turn Lakes, the predicted field intensity pro- range of service now provided by the San on this question and it is therefore un- vided by a transmitter operating on Pat- Francisco and Los Angeles stations. necessary to discuss it in detail. We may terson Mountain on Channel 9 (one of This result contrasts with the service perhaps usefully observe with regard to the proposed new VHF channels for potential from UHF stations in Fresno, it that at this stage the Commission is Fresno) would be only 90 dbu (31.6 which, unlike VHF stations operating endeavoring to make the best possible mv/m) reflecting 44 percent reduction there on channels 2, 5, 7 and 9, would spectrum space available for the im- in the present field strength. While this not be limited by co-channel interfer- provement and expansion of television signal strength exceeds that required in ence. Substantially greater interfer- service in the individual markets where § 3.685 of the present rules for a sig- ence-free service could be provided by such improvement may be sought with nal in the priracipal city to be served, UHF stations than by VHF stations op- available spectrum sources both UHF it is relevant to note that under revised erating on the proposed new channels and VHF. As announced elsewhere, we engineering standards now under con- either from Patterson Mountain or from have under consideration' a number of sideration in Docket No. 13340, new Meadow Lakes. Owing, moreover, to alternative long range nationwide possi- Channels 2 and 5 stations on Patterson the unavoidable assignment of Channels bilities, some of which embrace the use of Mountain would fail to provide requisite 8 and 10 proposed for Bakersfield in the UHF channels and others which do not. principal city signal over Fresno. While VHF plan, which would be adjacent to It is self-evident, however, that the ac- this question cannot be settled conclu- the proposed Fresno Channels 7 and 9, tion we take herein could in no sense sively until final decisions are reached in the VHF plan would create adjacent prejudice the opportunities for future Docket 13340, it is nevertheless apparent channel interference in a substantial utilization of UHF channels on a wider that the use of Patterson Mountain site area between Fresno and Bakersfield. national scale. Nor do we think that in involves diminution of the field strength Our conclusion regarding the coverage any substantial sense could it frustrate over Fresno to undesirably low levels. of the UHF stations is substantiated by or inhibit the eventual adoption or im- 21. Additional evidence before us in the measurements made by the Televi- plementation of any of the other long the proceeding indicates the possibility sion Allocations Study Organization range plans which do not envisage the that in some communities located in the (TASO) and submitted in a Report to use of UHF channels. Thus, as concerns foothills of the mountains east from the Commission on March 16, 1959 en- the possible impact of our decision here Fresno-such as Auberrk and North titled, Engineering Aspects of Television on the ultimate evolution of major, long Forks, signal transmission from Patter- Allocations. See pages 18 through 20 range, national television reallocations, son Mountain will be blocked by inter- of this Report for TASO conclusions re- Wednesday, March 30, 1960 FEDERAL REGISTER 2673 gaiding UHF transmission in the San Channels *18, 24, 47, and 53 at Fresno, in Bakersfield conflicts with the action Joaquin Valley. together with VHF Channel 12. We decided upon herein, and accordingly, is 23. Apart from the data available for believe, for reasons already stated, that denied. comparing the coverage of existing UHF it is desirable to place all commercial 34. R. J. Devaurs opposes the assign- stations at Fresno with the potential services in Fresno on UHF channels, and ment of Channel 8 to Bakersfield and coverage under any available variance find no persuasive reasons in Marietta's suggests the assignment of Channels 11 of VHF proposals, it is relevant to note comments for proceeding otherwise than or 13. This proposal was not possible that those UHF stations are operated at the actions taken herein. under our VHF plan, as Channels 11 and powers substantially lower than those 29. Percy Cox favors the assignment 13 are adjacent to Channel 12, which was permitted under our Rules, and which of Channels 2, 4, 5, and 7 to Fresno- to be used at Bakersfield. Section 3.610 have been demonstrated to be practica- Channel 4 to be assigned in lieu of of our rules precludes the assignment of ble in UHF operations elsewhere. Thus Channel 9. Channel 4 could not be util- adjacent channels to the same city. The additional support for the preference ized at Fresno without derogating from Interference from stations operating on we attach to the UHF proposal is found minimum separations to Reno or San adjacent channels in the same city would in the potential power increases which Francisco. On this point, we deem it destroy the usefulness of both stations. all-UHF service in the Fresno market preferable to avoid derogation of mini- Since we do not now propose to use may be expected to make more feasible mum separations where, as here, stand- Channel 8 at Bakersfield, however, the economically. ard separations could be maintained. Devaurs' opposition has been met. 24. We turn briefly to'a number of However, we further reject the plan on 35. Several organizations have com- alternative suggestions and counterpro- the ground that it is in conflict with all- mented favorably on the reservation of posals submitted in response to our UHF commercial service at Fresno, Channel 7 for educational use at Fresno. Further Notice of July 1959. which for other reasons discussed herein, Uniformly, these organizations alterna- 25. Thomas B. Friedman proposes we consider superior to the VHF plan. tively suggest that the present educa- that Channel 12 be assigned to Lompoc- 30. Kern County Broadcasting Com- tional reservation (Channel 18) be re- Santa Maria, California. He argues pany, permittee of KLYD-TV, Channel tained, in the event the proposed that there are approximately 150,000 17, Bakersfield, petitioned the Commis- amendment (reservation of Channel 7 persons residing in the area; the rate sion on October 2, 1958, requesting that for educational use) is not adopted. of expansion of the section is one of the Channel 39, assigned to Bakersfield, be These organizations include Central highest in California and in the United reserved for educational use. In our California Educational Television; States; there is no local television facil- Memorandum Opinion and Order of July Fresno State College; Tulare City Teach- ity at Lompoc-Santa Maria and little 17; 1959 (FCC 59-723), we reserved judg- ers' Association; San Joaquin Valley satisfactory service from other sources; ment on this proposal. At the same Community Television Association; and and a first service in Lompoc-Santa time, we stated that any party, including others. Under the action taken herein, Maria should be preferred to affording Kern County, would be entitled to urge parties interested in the reservation of a Bakersfield three VHF facilities. Mr. in these proceedings that a channel be VHF channel for educational use at Friedman's other reasons in support of reserved for educational purposes at Fresno will have an opportunity to sub- his proposal have also been considered. Bakersfield. mit their views In the further rule mak- 26. We are of the view that the Fried- 31. In. the meantime, on December ing instituted in the accompanying man proposal must be rejected. Lompoc 10, 1958, as reaffirmed in Docket No. Notice. had a 1950 population of 5,520 and Santa 12762, July 29; 1959, the Commission is- 36. William H. Hagerty of San Mateo extensive channel reassign- Maria a population of 10,440. The cities sued a construction permit (BPCT-2492) proposes in numerous California 'com- lie between San Luis Obispo to the north to Pacific Broadcasters Corporation, ments and Santa Barbara to the south. Serv- Television Station KBFL, to operate on munities, which go far beyond the scope ice is rendered to the area by KSBY-TV, Channel 39 at Bakersfield, California. of this proceeding. Insofar as Mr. Hagerty proposes all-UHF commercial Channel 6, San Luls Obispo, and KEYT, Kern County has not stressed its pro- Channel 3, Santa Barbara. The respec- posal further. A grant of Kern County's tervice at Fresno, our action herein con- forms with his basic objective. In the tive transmitters of the named televi- petition would be particularly Inappro- sion stations are approximately 30 and priate at this stage, not only in view of steps taken herein we look toward all- UHF commercial service at Fresno. As 40 miles from Santa Maria and signals the outstanding authorization to Pacific, already stated, similar action in Bakers- from these stations are received in the but also because it would unjustifiably complicate possible subsequent consid- field- can be considered in separate area. Calculations indicate that a proceedings. Grade B or better signal is available in eration of all-UHF commercial television the communities. For these reasons we in Bakersfield. Accordingly, we are 37. We next turn to a number of ques- believe that the alternative uses of denying the petition of Kern County to tions raised in comments submitted here- Channel 12 discussed hereinafter would reserve Channel 39 for educational under concerning the validity of the purposes. procedures followed in examining the better serve the public interest. - 27. The American Broadcasting Com- 32. Pacific Broadcasters Corporation, question of whether the public interest pany proposes that the area be made permittee of Television Station KBFL,, would be served by adopting the channel all-V or all-U and that at least three Channel 39, Bakersfield, California pro- reassignments which involve the shift of equally competitive services be made poses that Channel 10 be deleted from present operators to a new channel. available in both Fresno and Bakersfield Bakersfield and the area made all-UHF, 38. Triangle contends that the chan- in either band. While there is self-evi- in the event the Commission is unsuccess- nel reassignments proposed in our Fur- dent merit in the course urged by ABC, ful in assigning three VHF channels to ther Notice of July, 1959 cannot validly in view of the fact that Fresno and that City. Our present proceeding has be considered or adopted in the instant Bakersfield are adjoining markets in the not led to the addition of any VHF chan- rule making proceeding, and that they San Joaquln Valley, with VHF service nels to the Bakersfield assignments. could be properly considered only in an from Bakersfield extending into the Our reasons have been previously stated. adjudicatory hearing. In support of its Deintermixture of Bakersfield can be service area of Fresno UHF stations, we contentions Triangle cites section 303(f) given separate consideration in other find it appropriate and desirable to defer of the Communications Act, sections 4, for separate consideration the particular proceedings. 7, and 8 of the Administrative Procedure problems associated with UHF deinter- 33. BBC has renewed Its previous pro- Act, court decisions and the due process at mixture of the Bakersfield market, The posal for deletion of Channel 29 clause of the United States Constitution. Commission is prepared to give consid- Bakersfield and the modification of its Although Triangle directed its argu- eration to any proposal interested outstanding authorization to specify op- ments specifically to the VHF plan for parties may wish to submit in this eration on Channel 12. We disposed of the San Joaquin Valley on which we regard. this previous request in our Memoran- invited comments in July 1959 its basic 28. Marietta favors maintaining the dum Opinion and Order of July 17, 1959 contention relates to the procedures ap- status quo, that Is, retaining UHF chan- (FCC 59-723). BBC's request, which re- propriate to its shift from Channel 12 nels 17, 29, and 39 at Bakersfield, to- lated to our proposal of July, 1959 to pro- which it now occupies to any other chan- gether with VHF Channel 10, and UHF vide for three VHF commercial stations nel. Since the course we now envisage No. 62----3 2674 PROPOSED RULE MAKING

looks toward discontinuance of Tri- We find nothing in this section or in the claims will be caused to co-channel sta- angle's operations on Channel 12 and its authorities cited by Triangle which pre- tions in San Francisco, Los Angeles, Sac- continued operation on a UHF channel, cludes the conduct of the instant pro- ramento, San Jose, Salinas, Bakersfield, we deem it appropriate to discuss Tri- ceeding, which is being conducted under and Taft, California; and that, in gene- angle's essential argument in relation to the general authority set out in the ral, operation of the Fresno stations the current UHF plan for Fresno's com- portion of the section before the proviso. from Patterson Mountain sites would not mercial operations. We do not read the proviso, upon which be in the public interest. The objections 39. The essential question before us in Triangle relies, as precluding the conduct of the Association do not arise under the this rule making proceeding is whether of a rule making proceeding such as this action taken. The basis of its request is, the public interest would best be served or as requiring that the policy issues such therefore, no longer present; and we, ac- by removing the present necessity for as are here involved be determined in cordingly, deny its request to dismiss this the operation of competing television the first instance in adjudication. proceeding. stations at Fresno and Bakersfield on Rather, we think it is the clear meaning 47. We issued Orders to O'Neill, Mc- both UHF and VHF channels. Resolu- of the proviso that no rule or rule Clatchy, and Triangle to Show Cause tion of this question calls for our evalua- amendment adopted pursuant to the why their outstanding authorizations tion and judgment of the numerous general rule making power may be ap-, (construction permit in the case of factors which affect the outlook for plied in the case of a station licensee so O'Neill and license in the case of Mc- television service to the public residing as to modify its license in respect of fre- Clatchy and Triangle) should not be in the San Joaquin Valley and the appli- quency, power or times of operation un- modified to specify operation on Chan- cation to this area of the principles less the licensee consents or, if it does not nels 2, 5, and 9, respectively. O'Neill which, in our opinion, should govern so consent, it is given an opportunity to and McClatchy, in response to those television allocations in the interim until establish, in an evidentiary hearing, that orders, consented' to the modifications it may be possible to find more basic, such change would not serve the public proposed. and submitted engineering long-range solutions to the problems interest or enable the provisions of the specifications covering operation on the created by the familiar UHF impasse. Act to be more fully complied with. proposed new channels. Triangle in its 43. In support of its contentions Tri- response did not consent, but requested 40. The policy considerations involved hearing. and the pertinent revisions to the rules angle referred also to sections 4, 7, and an evidentiary providing for television channel assign- 8 of the Administrative Procedure Act. 48. Since we do not now plan to'add ments are in our view clearly within the Section 4(b) of that Act provides that: Channels 2, 5, and 9 to Fresno, there Is purview of the Commission's rule mak- "Where rules are required by statute to no longer any need to pursue the show ing powers. They are, moreover, much be made on the record after opportunity cause proceedings against O'Neill and better suited to resolution through the for an agency hearing, the requirements McClatchy further. The show cause quasi-legislative process of rule making of sections 7 and 8 (procedures for ad- order directed to Triangle specified oper- than in an adjudicatory proceeding. judicatory hearings) shall apply in place ation on Channel 9, a course no longer There would appear to be no question of of the provisions of this subsection." In proposed. We are vacating, therefore, this where television channel reassign- view of our conclusion that section 303 the show cause orders directed to Tri- ments do not involve shifts of existing (f) of the Communications Act does not angle, McClatchy, and O'Neill. To the station operations from one channel to require that rule making in this case be extent that this relief was requested by another. The same would hold, we conducted in an adjudicatory proceeding, Triangle, its petition is granted, but for think, in any like case in which the and being unaware of any other pro- the different reasons applicable under licensee of all the stations which would vision of law which so requires, it follows the UHF plan contemplated herein. be called upon to change channels con- that such requirement is not found in 49. On February 8, 1960, Triangle sented to such changes. the portions of the Administrative Pro- filed a Petition To ]Defer and Withhold 41. Here, however, Triangle,. acting cedure Act upon which Triangle, in part, Further Action in which it adverted to within its clear rights, declined to con- relies. the pendency in Docket No. 13340, of 44. The action we take herein fully sent to our former proposal that it shift questions relating to the possible adop- from Channel 12 to Channel 9 and thus reserves to Triangle all its rights to an tion of new standards applicable in part free Channel 12 for reassignment to adjudicatory hearing on the question of to the assignment, in exceptional cases, whether it should be permitted Bakersfield. Although Triangle has to con- of new VHF channels at substandard not tinue to yet had an opportunity operate on Channel 12 which it spacings. Arguing that evaluation of to declare or now occupies and on which KFRE-TV withhold its consent to its shift to a UHF the desirability of permitting the -new channel, we deem it appropriate to com- will be permitted to continue to operate VHF channels proposed for Fresno to until ment on the essential question Triangle the conclusion of such adjudicatory be used at substandard spacings would proceedings. In these circumstances we raises: that is, whether in view of its be premature before final decision is find no basis for upholding Triangle's reached with respect to short-spaced request for an adjudicatory hearing, the contention that this proceeding is de- Commission may assignments, Triangl.e urges deferment of validly proceed to con- fective or invalid. sider in this rule making proceeding the any decision in this proceeding. Owing 45. Triangle, basing itself in basic policy questions which must govern part on to the fact that our action herein looks the foregoing contentions that the in- our decision as to whether the public toward all-UHF commercial service at interest would be served by deintermix- stant proceeding is invalid, and in part Fresno, Triangle's argument, which re- on its other objections, previously dis- ing television services in the San Joaquin lated to the possible use of new VHF cussed, as to the undesirability of adding Valley., channels at Fresno, is no longer relevant. 42. Section 303(f) of the Act cited by VHF outlets in the San Joaquin Valley 50. McClatchy contends that Triangle in the manner proposed herein, has re- Triangle has waived its right to object to modifi- in support of its contention quested that the Commission dismiss the directs that the Commission, from cation of its license to specify operation time instant proceeding. We reject that re- to time, on Channel 9. This claim is based on as the public interest, conven- quest, having found, for the reasons dis- ience or necessity may require: the fact that the Commission in its cussed in this Report and Order that the Notice of Further Proposed Rule Making (f) Make such regulations not inconsistent deintermixture contemplated herein of July 17, 1959, gave the Parties until with law as it may deem necessary to pre- would serve the public interest, and hav- August 24, 1959, to file responses to the vent interference between stations and to ing concluded that the conduct of this carry out the provisions of this Act: Pro- Show Cause Orders directed against vided, however, That changes in the fre- rule making proceeding and the action them. A response to the Show Cause quencies, authorized power, or in the times taken herein are clearly within the rule Order was not filed by Triangle on or of operation of any station, shall not be made making powers conferred on the Com- before August 24, 1.959. In the mean- without the consent of the station licensee mission by the Communications Act and time, Triangle had requested an exten- unless, after a public hearing, the Commis- the Administrative Procedure Act. sion of time both for filing comments sion shall determine that such changes will 46.' The California State Electronics and for its response to the Show Cause promote public convenience or interest or Association also requested dismissal of Order. In a Memorandum Opinion and will serve public necessity, or the provisions this rule making proceeding because of Order (FCC of this Act 59-868,, released August 17, will be more fully complied with; undue interference the Association 1959), the Commission extended the time Wednesday, March 30, 1960 FEDERAL REGISTER 2675 for filing comments to September 23, versity Women, filed September 28, 1959; previously issued to Triangle for opera- 1959. It did not expressly extend the comments of J. H. Grossman, Edison tion on Channel 12 expired December 1, time for filing responses to the associated Power House No. 4, filed September 28, 1959. There is pending before us Tri- Show Cause Orders. McClatchy asserts 1959; Opposition to Proposed Amend- angle's application, timely filed, for re- that in-these circumstances, Triangle, by ments, filed by the California State Elec- newal of that license on Channel 12. failing to'file its response to the Show tronics Association on September 28, Since December 1, 1959, Triangle has Cause Order directed to it before August 1959; Reply of Bakersfield Broadcasting continued to operate on Channel 12 pur- 24, 1959, waived its right to file such Company.to Pleading of Triangle Publi- suant to the interim authorization pro- response. cations, Inc., dated September 22, 1959, vided for in section 307(d) of the Com- 51. The arguments of McClatchy are filed on October 9, 1959; and Comment munications Act., no longer pertinent in view of the action of the Visalia Business apd Professional 62. In these circumstances, we con- taken herein; but we note that this mat- Women's Club, filed October 6, 1959. clude that Triangle's rights to request a ter was treated by us in our Memo- 57. We observed that most of the hearing would be fully protected if we randum Opinion and Order in Docket pleadings were in the nature of letters proceed by way of issuing to Triangle a No: 11759, released September 9, 1959 and were received from parties inex- renewal of its license authorizing it to (FCC 59-906). We there jheld, on con- perienced in Commission procedure or in operate on Channel 53, which was as- sidering the same contention McClatchy the strictness of its Rules. In most in- signed to Fresno prior to the institution has renewed here, that in the circum- stances, the filing was not significantly of this proceeding, and which remains stances Triangle could properly file its delayed. In the case of Bakersfield available for use there. We do not, how- response after the original deadline Broadcasting Company, the pleading was ever, take such action herein, but will passed, but prior to the extended date mailed from California and received on act separately on such license renewal in for filing. McClatchy has advanced no October 9,1959, when October 8, 1959, the light of the foregoing and any other new arguments, and we find no reason was the last date for filing reply com- matters, not related to this proceeding, to depart from that ruling. ments. This pleading is dated October which we may be called upon to consider 52. Bakersfield Broadcasting Com- 6, 1959. in acting upon Triangle's renewal pany (KBAK-TV) renewed the request 58. We have carefully reviewed all of application. previously made in Its pleading of May the pleadings which fall into the "late" 63. In view of the foregoing, and pur- 12, 1958, for a show cause order specify- category with a view to determining suant to authority found in sections 4 (1), ing operation by it on Channel 12 in- whether any of the parties would. be 303, and 307(b) of the Communications stead of Channel 29. It argues that the prejudiced in any way by out acceptance Act of 1934, as amended, It is ordered, cause of the two UHF permittees at and consideration of these submissions. That the petitions of the California State Bakersfield are not in any respect equal We observe that the arguments made by Electronics Association and Triangle to its own. Bakersfield Broadcasting the parties have been either totally or in Publications, Int., to dismiss the rule Company contends that it is entitled to substance made by others in the proceed- making proceedings herein are denied. equal consideration and like treatment ing. We see no way in which any one 64. It is further ordered, That the as that afforded the Fresno UHF stations. would be prejudiced by our including petition of Triangle Publications, Inc., 53. This view was strenuously opposed these comments in our overall review of to vacate the Show Cause Orders issued by Kern County (KLYD-TV), one of the the case. In the absence of any objec- on July 17, 1959, to McClatchy News- UHF permittees. Kern County argues tions, and none were received, we have papers and O'Neill Broadcasting Com- that its rights with respect to the new considered these pleadings. pany and Triangle Publications, Inc., VHF channels, including Channel 12, are 59. In this Report and Order we have is granted, and That the Show Cause equal to those of Bakersfield Broadcast- discussed the circumstances and reasons Orders are vacated. ing Company. It points out that the which in our considered judgment are 65. It is further ordered, That the show cause procedure has been used in controlling with respect to a determina- request of Bakersfield Broadcasting the past by the Commission as a conven- tion of the course best suited to serve Company for a Show Cause Order look- ient administrative device to modify a the public interest in the matter of tele- ing toward the modification of its license television permit or license absent objec- vision channel assignments in the Fresno to specify operation on Channel 12-+ tion of other parties in interest and where market, and we have treated in some in 66.lieu It of Channel 29 is denied. is further ordered, That no other demands for the channel in- detail the contentions of the parties the volved were evidenced. which we find bear significantly on the petition for rule making of Kern County 54. In our July 17, 1959, Memorandum issues. We have, in addition, given care- Broadcasting Company filed on October Opinion and Order, we rejected a request ful and thorough consideration to all 2, 1958, is denied. of Bakersfield Broadcasting Company other matters raised in the record of this 67. It is further ordered, That the for a show cause order looking toward proceeding, and find in them no persua- Petition to Defer aid Withhold Further modification of its license for KBAK-TV. sive reasons for altering the conclusions Action, filed by Triangle Publications, We need not go further into this matter, and decisions reached herein. We have, Inc., on February 8, 1960, Is denied. however, in view of the action taken for the reasons discussed, determined 68. It is further ordered, That all herein, which no longer looks toward the that the public Interest requires that other proposals or requests for relief assignment of Channel 12 to Bakersfield. steps be taken to improve the competitive submitted herein which are inconsistent position of the commercial stations oper- with the decisions reached and the ac- 55. Bakersfield Broadcasting Company asserts that Marietta lacks standing to ating at Fresno. tions taken in this proceeding, are file comments as a party to this proceed- 60. The judgments we have reached denied. Further notice of proposed rule mak- ing, contending that Marietta's authori- herein concerning the need to deintermix zation to operate on Channel 10 at Fresno commercial television service in Fresno, ing. 69. There remains the question of will not be affected. It is clear, how- and the preferability of looking toward the appropriate disposition of Channel ever, that as the operator of a television an all-UHF commercial service In lieu 12, now assigned to Fresno. If, upon station in a city in which it is proposed of the alternative of an all-VHF service, the conclusion of the further steps and to add VHF channels, Marietta has an call for further procedural steps in the proceedings already discussed, KFRE- undoubted standing as an interested implementation of that objective. TV is shifted from Channel 12 to another party to participate herein. We, there- 61. First, there is the matter of appro- channel, Channel 12 would' become avail- fore, reject Bakersfield Broadcasting priate action with respect to Channel 12, able for other possible use. The avail- Company's argument. now occupied by KFRE-TV. As already able alternatives include its reassign- ment elsewhere or its reservation for 56. A number of the parties have discussed at length, KFRE-TV has the filed educational use at Fresno in lieu of the comments not strictly in accord with the right to be afforded an opportunity, If it Channel *18, which in such event could time limitations set forth in our Notices. wishes, to request an evidentiary hearing be made available for commercial use at These include the following: Comments on any objections it may wish to raise to Fresno. of Board of Management, Porterville the shift of its operation from Channel 70. The first alternative possibility Branch of American Association of Uni- 12 to another channel. The license was explored in rule making conducted 2676 PROPOSED RULE MAKING in this proceeding with respect to the 1 12 CFR Part 545 1 Notice of Rule Making issued on July 26, FEDERAL HOME LOAN BANK 1956. After reviewing comments, which [No. 13,3091 included counterproposals for reassign- BOARD ment of Channel 12 to other cities, the OPERATIONS Coinmission, as already noted, an- [ 12 CFR Part 523 ] nounced in a Report and Order adopted [No. 13,3081 Proposed Amendment Relating to March 1, 1957, that the preferable course MEMBERS OF BANKS Holdings of Cash and Obligations appeared to be the reassignment of of the United States Channel 12 from Fresno to Santa Bar- Proposed Amendment Relating to bara. Owing, however, to subsequent Holdings of Cash and Obligations MARCH 24, 1960. developments, which included the vaca- tion of that Order, the denial of pro- of the United States. Resolved that, pursuant to Part 508 posals inconsistent with the subsequently MARCH 24, 1960. of the general regulations of the Federal \ proposed reassignment of Channel 12 to Resolved that pursuant to Part 508 of Home Loan Bank Board (12 CFR Part Bakersfield, and the consideration we the general- regulations of the Federal 508) and § 542.1 of the rules and Regu- have now given to the possible advan- Home Loan Bank Board (12 CFR Part lations for the Federal Savings and Loan tages of reserving Channel 12 for edu- 508), it is hereby proposed that § 523.12 System (12 CFR 542.1), it is hereby pro- cational use at Fresno, we deem it de- of the regulations for the Federal Home posed that § 545.8--2 of the rules and sirable at this stage to invite comments Loan Bank System (12 CFR 523.12) be regulations for the Federal Savings and and reply comments on the relative amended by an amendment the sub- Loan System (12 CFR 545.8-2) be merits, the alternative course already stance of which is as follows: amended by an amendment the sub- mentioned. So much of § 523.12 aforesaid as pre- stance of which is as follows: 71. Additionally, in view of the series paragraph lettered (a) of said cedes So much of § 545.8-2 aforesaid as pre- of developments which have taken place section is hereby amended to read as since we originally determined that the follows: cedes paragraph lettered (a) of said public interest would be served by re- section is hereby amended to read as § 523.12 Holdings of cash and obliga- follows: assigning Channel 30 from Madera to tions of the United States by mem- Fresno and by replacing it at Madera bers. with Channel 59, we deem it appropriate § 545.8-2 Cash and Government obli- to afford all interested parties a fresh No member Insurance company shall gations. opportunity to comment on our cur- make or purchase any loan, other than rent proposal to make those channel loans on the company's insurance poli- A Federal association shall not make reassignments. cies, at any time when the aggregate of or purchase any loan, other than ad- its cash and obligations of the United 72. Accordingly, and pursuant to the vances on the sole security of its savings States is not at least equal to 6 percent authority found in sections 4 (i) and (j), accounts, at any time when its cash and of its policy reserve required by state obligations of the United States are not 303 and 307(b) of the Communications law, and no other member shall make Act of 1934, as amended, Notice is hereby or purchase any loan, other than ad- at least equal to 6 percent of the asso- given of rule making on our proposal to vances on the sole security of its with- ciation's capital: Provided, That on and amend Section 3.606, Table of Assign- drawable accounts, at any time when its after March 1, 1961, the foregoing figure ments, Television Broadcast Stations, in cash and obligations of the United States of 6 percent shall be 7 percent. For the the following respects: are not at least equal to 6 percent of the purposes of this section: A. In the alternative: obligation of the member on withdraw- (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. (1) Reserve Channel 12 for noncom- able accounts: Provided, That on and after March 1, 1961, the foregoing figures 1464. Reorg. Plan No. 3 of 1947, 12 F.R. mercial educational use at Fresno and 4981, 3 CFR 1947 Supp.) Channel 18 avail- of 6 percent shall be 7 percent. For the at the same time make purposes of this section: able for commercial use at Fresno; Resolved further that all interested (Sees. 5A, 17, 47 Stat. 727, 736, as amended; or 12 U.S.C. 1425a, 1437. Reorg. Plan No. 3 of persons are hereby given the opportunity 1947, 12 F.R. 4981, 3 CFR 1947 Supp.) to submit written data, views, or argu- (2) Reassign Channel 12 from Fresno Resolved further that all interested ments on the following subjects and to Santa Barbara, and issues: (1) Whether said proposed 59 for Channel persons are hereby given the opportunity B. Substitute Channel amendment should be adopted as pro- 30+ at Madera, California, and reassign to submit written data, views, or argu- ments on the following subjects and posed; (2) whether said proposed Channel 30+ from Madera to Fresno. issues: (1) Whether said proposed amendment should be modified and 73. Pursuant to applicable procedures amendment should be adopted as pro- adopted as modified; (3) whether said set out in § 1.213 of the Commission's posed; (2) whether said proposed proposed amendment should be rejected. rules, interested parties may file com- amendment should be modified and All such written data, views, or argu- ments on or before May 2, 1960, and reply adopted as modified; (3) whether said ments must be received through the comments on or before May 16, 1960. amendment should be rejected. proposed mails or otherwise at the office of the All such written data, views, or argu- 74. In accordance with the provisions Secretary, Federal Home Loan Bank an ments must be received through the of § 1.54 of the Commission's rules, Board, Federal Home Loan Bank Board copies of all statements, mails or otherwise at the office of the original and 14 Building, 101 Indiana Avenue NW., briefs, responses, or comments shall be Secretary, Federal Home Loan Bank Washington 25, D.C., not later than May filed with the Commission. Board, Federal Home Loan Bank Board Building, 101 Indiana Avenue NW., 2, 1960, to be entitled to be considered, Adopted: March 24, 1960. Washington 25, D.C., not later than May but any received later may be considered Released: March 25, 1960. 2, 1960, to be entitled to be considered, in the discretion of the Federal Home but any received later may be considered FEDERAL COMMUNICATIONS Loan Bank Board. 1 in the discretion of the Federal Home COMMISSION, Loan Bank Board. By the Federal Home Loan Bank [SEAL] MARY JANE MORRIS, By the Federal Home Loan Bank Board. Secretary. Board. [F.R. Doc. 60-2894; Filed, Mar. 29, 1960; [SEAL] HARRY W. CAULSEN, 8:52 a.m.J [SEAL] HARRY W. CAULSEN, Secretary. Secretary. 2Dissenting statement of Commissioner [P.R. Doc. 60-2896; Filed, Mar. 29, 1960; .[P.R. Doc. 60-2897: Filed. Mar. 29, 1960; Cross filed as part of the original document. 8:52 a.m.] 8:52 a.m.] Notices

der the topography unsuitable for this The determination of the Secretary on DEPARTMENT. OF JUSTICE type of development. the application will be published in the Office of Alien Property JAMES E. KEOGH, Jr., FEDERAL REGISTER. A separate notice Acting State Supervisor. will be sent to each interested party of HARUKO TSUKAMOTO MURANAKA record. MARCH 17, 1960. The land involved in the application Notice of Intention To Return'Vested [F.R. Doc. 60-2860; Filed, Mar. 29, 1960; is: Property 8:48 a.m.] 5TH P.M. ARKANSAS T. 11 N., R. 9W. Pursuant to section 32(f) of the Trad- [Classification No. 95] Sec. 29, SW ANW'A, containing 40 acres. ing With the Enemy Act, as amended, T. 11 N., R. 10 W. notice is hereby given of intention to NEVADA 1 re- Sec. 6, E / 2 N SW A, NINV2W/WN/SW , turn, on or after 30 days from the date of containing 35.19 acres; Small Tract Classification; Amendment publlcation hereof, the following prop- Sec. 28, NEI/4 NW'A, containing 40 acres. erty, Subject to any increase or decrease 1. Effective March 21, 1960, Federal T. 11 N., R. 11 W. See. 11, NE'/ SE NE , resulting from the administration Register Document 53-8583 4 4 EI/2NW SE A appearing on NE , N SE/ SE ANE,/ . NEI/ 8W/ thereof prior to return, and after 4 4 4 4 ade- pages 6413-14 of the issue for October SE ANE /4, containing 22.50 acres. quate provisions for taxes and conserva- 18, 1953, is revoked as to the following T. I1 N., R. 12 W. tory expenses: described public lands: Sec. 1, E /2NW'ANEA, containing 20 acres; Claimant, Claim No., Property, and Location Sec. 23, Fr'l. NE 4 NE/ 4 (east of the river) MOUNT DIABLO MERIDIAN containing 0.22 acre. Haruko Tsukamoto Muranaka, T. 22 S., R. 61 E., a/k/a The area above-described, located in Gladys Haruko Muranaka, Oshima-gun, Ya- Sec. 17, NV2 NW/ 4 . Cleburne County, containing in the ag- maguchi-ken, Japan. Claim No. 63656. Containing 80 acres. $440.24 in the Treasury of the United States. gregate 157.91 acres. Vesting Order No. 6791. 2. The lands included in this restora- tion are located about eight miles south H. K. SCHOLL, Executed at Washington, D.C. on of Las Vegas, Nevada at an elevation of Manager. March 24, 1960. approximately 2,400 feet above sea level. [F.R. Doc. 60-2862; Filed, Mar. 29, 1960; 8:48 a.m.] For the Attorney General. The climate is dry. The area receives from 5 to 7 inches of rainfall annually. [SEAL] PAUL V. MYRON, The topography is nearly level, with soils [Notice No. 4] Deputy Director, varying from sands to gravel to caiche. Office o1 Alien Property. 3. The land has been determined to be ALASKA appropriated under the United States [P.R. Doc. 60-2871; Filed, Mar. 29, 1960; Notice of Filing of Alaska Protraction 8:50 a.m.] mining laws by virtue of valid mining claims having.been located on the land Diagrams; Fairbanks Land District prior to Small Tract Classification. MARCH 22, 1960. W. REED ROBERTS, Notice is hereby given that the follow- DEPARTMENT OF THE INTERIOR Acting State Supervisor. ing protraction diagrams have been of- Bureau of Land Management ficially filed of record in the Fairbanks MARCH 22, 1960. Land Office, 516 Second Avenue, Fair- [Classification No. 95] [F.R. Doc. 60-2861; Filed, Mar. 29, 1960; banks, Alaska. In accordance -with 43 8:48 a.m.] CFR 192.42a(c) (24 F.R.,4140, May 22, NEVADA 1959), oil and gas offers to lease lands shown in these protracted surveys, filed Small Tract Classification; Amendment ARKANSAS 30 days after publication of this notice, 1. Effective March 17, 1960, Federal Notice of Proposed Withdrawal and must describe the lands only according to Register Document 53-8583 appearing on Reservation of Lands the Section, Township, and Range pages 6412-14 of the issue for October 8, shown on the approved protracted sur- 1953, is revoked as to the following de- MARCH 24, 1960. veys. The protraction diagrams are also scribed public lands: The office of the Department of the applicable for all other authorized uses. MOUNT DIABLO MERIDIAN Army, Corps of Engineers, Washington ALASKA PROTRACTION DIAGRAMS, 25, D.C. through its Little Rock, Arkan- (UNSURVEYED). T. 21 S., R. 60 E., sas office, has filed an application Sec. 24, N/ 8W/ . for the SEWARD MERIDIAN-FOLIO NO. 20 2 4 withdrawal of the lands hereafter' de- Containing 80 acres. scribed, from all forms of appropriation, Sheet No.: 2. The lands included 1. Ts. 1 through 4 S. Rs. 65 through 68 W. in this restora- entry or sale under public land laws, 2. Ts. 1 through 4 8. Rs. 69 through 72 W. tion are located approximately 5 miles including the mining and mineral leas- 3. Ts. 1 through 4 S. Re. 73 through 76 W. southwest of Las Vegas, Nevada. The ing laws, subject to valid existing rights. 4. Ts. 1 through 4 S. R. 77 through 80 W. elevation is approximately 2300 feet The applicant desires the land for use 5. Ts. 1 through 4 S. Rs. 81 through 84 W. above sea level. The climate is dry. The in connection with the construction, 6. Ts. 1 through 4 S. Rs. 85 through 92 W. area receives from 5 to 7 inches of rain- operation and maintenance of the Sheet No.: 7. Ts. 1 through 4 fall annually. The topography has been Greers Ferry Dam and Reservoir Project. S. Re. 93 through 96 W. torn up due 8. Ts. 1 through 4 S. Rs. 97 through 100 W. to the removal and process- For a period of 30 days from the date 9. To. 1 through 4 S. Rs. 101 through ing of sand and gravel. The parcel is of publication of this notice, persons 105 W. cut by a large dry wash which covers the having cause may present their objec- 10. Ts. 5 through 8 S. Rs. 73 through 76 W. south-half of the area. Soils vary from tions in writing to the undersigned offi- 11. Ts. 5 through 8 S. Rs. 69 through 72 W. cial of the Bureau of Land Management, 12. Ts. 5 through 8 S. Rs. 65 through 68 W. sands to gravel. 13. Ts. 9 through 12 S. Rs. 85 through 3. The subject lands have been Department of the Ir3terlor, Washington deter- 25, D.C. 68W. mined to be unsuitable for small tracts, 14. Ts. 9 through 12 S. Rs. 69 through If circumstances warrant it, a public for the lands have been sufficiently torn 72 W. hearing will be held at a convenient time 15. T. 9 through 12 S. Rs. 73 through up by sand and gravel operations to ren- and place, which will be announced. 76 W. 2677 2678 NOTICES

16. Ts. 13 through 16 S. Rs. 73 through 4. Ts. 1 through 4 S. Rs. 1 through 4 E. by an order to be issued by an author- 76 W. 5. Ts. 5 through 8 S. Bs. 1 through 4 E. ized officer, opening the lands to appli- 17. Ts. 13 through 16 S. Rs. 69 through 6. Ts. 5 through 8 S. as. 5 through 8 E. cation or bid. 72 W. 7. Ts. 5 through 8 S. Es. 9 through 12 E. 18. Ts. 13 through 16 S. as. 65 through 8. Ts. 5 through 8 S. as. 13 through 16 E. SAN BERNARDINO MERIDIAN 68W. 9. Ts. 9 through 12 S. Rs. 13 through 16 T. 2 N., R. 5 E., E. Cover Sheet Showing Location Map and Sec. 21, all; 10. Ts. 9 through 12 S. as. 9 through 12 Sec. 28, all. Index E. FAIRBANKS MERIDIAN-FOLIO NO. 1 11. 'Ts. 9 through 12 S. Rs. 5 through 8 E. The area described totals 1,280 acres. 12. Ts. 9 through 12 S. Rs. 1 through 4 E. 4. The following-described lands are Sheet No.: 13. Ts. 13 thrqugh 16 S. Ras. 1 through 4 E. opened to application, location, selec- 13. Ts. 25 through 28 N. as. 17 through 14. Ts. 13 through 16 S. Rs. 5 through 8 20 E. tion, and petition as outlined in para- E. No application for these 14. Ts. 25 through 28 N. as. 21 through 15. Ts. 13 through 16 S. Rs. 9 through 12 graph 5, below. 24 E. E. lands will be allowed under the home- 15. Ts. 25 through 28 N. Rs. 25 through 16. Ts. 13 through 16 S. Rs. 13 through 16 stead, desert land, small tract, or any 28 E. E. other nonmineral public land law, unless 16. Ts. 25 through 28 N. Rs. 29 through Cover Sheet Showing Location Map and the lands have already been classified 31 E. Index. upon consideration of an application. 17. Ts. 21 through 24 N. Rs. 29 through 31 E. Copies of these diagrams are for sale Any application that is filed will be con- 18. Ts. 21 through 24 N. Rs. 25 through at one dollar ($1.00) per-sheet and may sidered on its merits. The lands will not 28 E. be obtained from the Fairbanks Land be subject to occupancy or disposition 19. Ta. 21 through 24 N. Rs. 21 through Office, Bureau of Land Management, until they have been classified: 24 E. 516 Second Avenue, SAN BERNARDINO MERIDIAN 20. Ts. 21 through 24 N. Rs. 17 through mailing address: 20 E. Fairbanks, Alaska. T. 2 N.,R. 5 E., 21. Ts. 17 through 20 N. Rs. 17 through DANIEL A. JONES, Sec. 33, all. 20 E. 22. Ts. 17 through 20 N. Rs. 21 through Manager. The area described totals 640 acres. 24 E. [F.R. Doc. 60-2863; Filed, Mar. 29, 1960; The area is generally rough and moun- 23 Ts. 17 through 20 N. as. 25 through 8:48 a.m.] tainous. A predominance of Black Lava 28 E. Butte, several hundred feet in height 24. Ts. 17 through 20 N. Rs. 29 through determine the general aspect. Some 31 E. [Group No. 442, California] comparatively level and less rough and Cover Sheet Showing Location Map and Index. CALIFORNIA rocky terrain may be found in the center on the eastern boundary of the area. FAIRBANKS MERIDIAN-FOLIO NO. 7 Notice of Filing of Plot of Survey and Most of the area is inaccessible except by Sheet No: Order Providing for the Opening of Jeep or on foot. 1. Ts. 13 through 16 N. Rs. 13 through 16 Public Lands 5. Subject to any existing valid rights E. and the requirements of applicable law, 2. Ta. 13 through 16 N. Rs. 9 through 12 1. Plat of survey of the lands de- the lands described in paragraph 4 E. scribed below will be officially filed in hereof, are hereby opened to filing appli- 3. Ts. 13 through 16 N. as. 5 througkh 8 the Land Office, Los Angeles, California, cations, selections, and locations in ac- E. effective at 10:00 a.m. on March 28, 1960. 14. Ts. 1 through 4 N. as. 5 through 8 E. cordance with the following: Cover Sheet Showing Location Map and SAN BERNARDINO MERIDIAN a. Applications and selections under Index. T. 2 N.. R. 5 E., the nonmineral public land laws and FAIRBANKS MERIDIAN-FOLIO NO. 11 Sec. 16, all; applications and offers under the min- Sec. 21, all; eral leasing laws may be presented to Sheet No: Sec. 28, all; the Manager mentioned below, begin- 1. Ts. 1 through 4 S. as. 17 through 20 W. Sec. 33, all. ning on the date of this order. Such 2. Ts. 1 through 4 S. Rs. 21 through 24 W. 3. Ts. 1 through 4 S. Rs. 25 through 27 W. An extension survey and a retracement applications, selections, and offers will 4. Ts. 5 through 8 S. Rs. 25 through 27 W. and reestablishment of a portion of the be considered as filed on the hour and 5. Ts. 5 through 8 S. Rs. 21 through 24 W. south boundary and a portion of the sub- respective dates shown for the various 6. Ts. 5 through 8 S. Rs. 17 through 20 W. divisional lines designed to restore the cor- classes enumerated in the following 7. Ts. 9 through 12 S.. Rs. 17 through 20 ners in their true original location according paragraphs: W. to the best available evidence. (1) Applications by persons having 8. Ts. 9 through 12 S. as. 21 through 24 The area described totals 2,560 acres prior existing valid settlement rights, W. preference rights conferred by existing 9. Ts. 9 through 12 S. as. 25 through 28 of public land. W. 2. Except for and subject to valid ex- laws, or equitable claims subject to al- 10. Ts. 13 through 16 S. Rs. 25 through 28 isting rights, it is presumed that title to lowance and confirmation will be adju- W. the following lands passed to the State dicated on the facts presented in support 11. Ts. 13 through 16 S. as. 21 through 24 of California upon the acceptance of the of each claim or right. All applications W. plat dated June 24, 1959: presented by persons other than those 12. Ts. 13 through 16 S. Bs. 17 through 20 referred to in this paragraph will be W. SAN BERNARDINO MERIDIAN subject to the applications and claims 13. Ts. 17 through 20 S. Re. 17 through 20 T. 2 N., R. 5 E., W. mentioned in this paragraph. See. 16. 14. Ts. 17 through 20 S. as. 21 through 24 (2) All valid applications and selec- W. The area described totals 640 acres. tions under the nonmineral public land 15. Ts. 17 through 20 S. as. 25 through 28 Plat of survey accepted June 24, 1959. laws and applications and offers under W. 3. The following-described lands are the mineral leasing laws presented prior 16. Ts. 21 through 22 S. Rs. 25 through 28 classified by classification No. 563 dated to 10:00 a.m. on May 3, 1960, will be W. May 15, 1957 as suitable for disposition considered as simultaneously filed at 17. Ts. 21 through 22 S. as. 21 through 24 under the Small Tract Act of June 1, that hour. Rights under such applica- W. 1938. Such classification segregates the tions and selections and offers filed after 18. Ts. 21 through 22 S. ft. 17 through 20 that hour will be governed by the time W. land from all appropriations, including locations under the mining laws, except of filing. Cover Sheet Showing Location Map and b. The lands will be open to location Index. as to applications under the mineral under the United States mining laws, KATEL RIM MUMDIA-FOLTO N O. 11 leasing laws. beginning 10:00 a.m. on May 3, 1960. The lands shall not become subject to Sheet No: Persons claiming preference rights 1. t. 1 through 4 S. R. 13 through 16 E. application under the Small Tract Act based upon valid settlement, statutory 2. Ts. 1 through 4 S. Rs. 9 through 12 E. of June 1, 1938 (52 Stat. 609: 43 U.S.C. preference, or equitable claims must en- 3. Ts. 1 through 4 S. Rs, 5 through 8 E. 662a), as amended, until it is so provided close properly corroborated statements Wednesday, March 30, 1960 FEDERAL REGISTER 2679 in support of their applications, setting prior to that date will be given by the 3 PERCENT TITLE I HOUSING IN- forth all facts relevant to their claims. Secretary of the Treasury. SURANCE F Detailed rules U N D DEBENTURES, and regulations governing C. B. SWEET, applications-which may be filed pursuant SERIES T Acting Commissioner. to this notice can be found in Title 43 Notice of Call for Partial Redemption, of the Code of Federal Regulations. Approved: March 25, 1960. Before Maturity 6. Inquiries concerning these lands JULIAN B. BAIRD, should be addressed MARCH 24, to the Manager. Acting.Secretary of the Treasury. 1960. Land Office, Bureau of Land Manage- Pursuant to the authority conferred by ment, 215 West. Seventh Street, Los [F.R. Doc. 60-2876; Filed, Mar. 29, 1960; the National Housing Act (48 Stat. 1246; Angeles 14, California. 8:51 a.m.] U.S.C., title 12, sec. 1701 et seq.) as MALCOLM 0. ALLEN, amended, public notice is hereby given that 3 percent Title I Housing Manager, 2 PERCENT TITLE I HOUSING Insurance Land Office, Los Angeles. Fund Debentures, Series T, of the de- INSURANCE FUND DEBENTURES, nominations and serial numbers desig- [F.R. Doe. 60-2864; Filed, Mar. 29, 1960; SERIES R nated below, are hereby called for 8:48 a.m.I redemption, at par and accrued interest, Notice of Call for Partial Redemption, on July 1, 1960, on which date interest on Before Maturity such debentures shall cease: FEDERAL HOUSING ADMINIS- MARCH 24, 1960. 3 PERCENT TITLE I HOUSING INSURANCE FUND DEBENTURES, SEaIEs T Pursuant to the authority conferred by Serial TRATION the National Housing Act (48 Stat. 1246; Denomination: numbers $50 21/2 U.S.C., title 12, sec. 1701 et seq.) as ------219 to 286 PERCENT TITLE I HOUSING amended, public notice-is hereby given $100 ------824 to 1070 INSURANCE FUND DEBENTURES, that 2 percent Title I Housing Insur- $500 ------346 to 401 SERIES L ance Fund Debentures, Series R, of the $1,000 ------378 to 524 $5,000 ------252 to denominations and serial numbers desig- 294 Notice of Call for Partial Redemption, nated below, are hereby called for re- 1 All numbers inclusive. Before Maturity demption, at par and accrued interest, on The debentures first issued as July 1, 1960, on which date interest deter- MARCH 24, 1960. on mined by the issue dates thereof such debentures shall cease: were Pursuant to the authority conferred by selected for redemption by the Commis- 2% PERCENT the National Housing Act (48 Stat. 1246; TITLE I HOUSING INSURANCE sioner, Federal Housing Administration, FUND DEBENTURES, U.S.C., title 12, seb. 1701 et seq.) as SERIES R - with the approval of the Secretary of the amended, public notice is hereby given Serial Treasury. that 21/2 percent Title I Housing Insur- Denomination: numbers 1 No transfers or denominational ex- ance Fund Debentures, Series L, of the $50 ------234 to 293 changes in debentures covered by the $10 ------413 to 654 foregoing call will be made on the books denominations and serial numbers desig- $500------119 to 171 nated below, are hereby called for re- maintained by the Treasury Department $1,000 ------107 to 160 on or after April demption, at par and accrued interest, on $5,000 ------131 to 192 1, 1960. This does not July 1, 1960, on which date interest on affect the right of the holder of a deben- 'All numbers inclusive. such debentures shall cease: ture to sell and assign the debenture on The debentures first issued as deter- or after April 1, 1960, and provision will 21/2 PERCENT TITLE HoUsING INSURANCE be made for the payment of final FUND DEBENTURES, SERIES L mined by the issue dates thereof were interest selected for redemption by the Commis- due on July 1, 1960, with the principal Serial thereof to the actual owner, as shown by Denomination: numbers' sioner, Federal Housing Administration, with the approval of the Secretary of the the assignments thereon. $50 ------160 to 166 The Commissioner $100 ------254 to 295 Treasury. of the Federal $500 ------117 to 126 No transfers or denominational ex- Housing Administration hereby offers to $1,000 ------478 to 504 changes in debentures covered by the purchase any debentures included in this $5,000 ------58 to 67 foregoing call will be made on the books call at any time from April 1, 1960, to June All numbers inclusive. maintained by the Treasury Department 30, 1960, inclusive, at par and on or after April 1, 1960. This does not accrued interest, to date of purchase. The debentures first issued as deter- affect the right of the holder of -a deben- Instructions for the presentation and mined by the issue dates thereof were ture to sell and assign the debenture on surrender of debentures for redemption selected for redemption by the Commis- or after April 1, 1960, and provision will on or after July 1, 1960, or for purchase sioner, Federal Housing Administration, be made for the payment of final interest prior to that date will be given by the with the approval of the Secretary of the due on July 1, 1960, with the principal Secretary of the Treasury. Treasury. thereof to the actual owner, as shown by C. B. SWEET, No transfers or denominational ex- the assignments thereon. Acting Commissioner. changes in debentures covered by the The Commissioner of the Federal Approved: foregoing call will be made on the books Housing Administration hereby offers to March 25, 1960. maintained by the Treasury Department purchase any debentures included in this JULIAN B. BAIRD, on or after April 1, 1960. This does not call at any time from April 1, 1960, to Acting Secretary of the Treasury. affect the right of the holder of a deben- June 30, 1960, inclusive, at par and ture to sell and assign the debenture on [F.R. Doe. 60-2878; Filed, Mar. 29, 1960; accrued interest, to date Of purchase. 8:51 a.m.] or aftei April 1, 1960, and provision will Instructions for the presentation and be made for the payment of final interest surrender of debentures for redemption due 212, 2%, 2%, 2V, 3, 3 %, 3%, 3%, on July 1, 1960, with the principal on or after July 1, 1960, or for purchase thereof to the actual owner, as shown by prior to that date will be given by the 31/2 AND 3 PERCENT MUTUAL the assignments theieon. " Secretary of the Treasury. The Commissioner of the Federal MORTGAGE INSURANCE FUND Housing Administration hereby offers to C. B. SWEET, DEBENTURES, SERIES AA Acting Commissioner. purchase any debentures included in this Notice of Call for Partial Redemption, call at any time from April 1, 1960, to Approved: March 25, 1960. June 30, 1960, Inclusive, at par and Before Maturity accrued interest, to date of purchase. JULIAN B. BAIRD, MARCH 24, 1960. Acting Secretary of the Instructions for the presentation and Treasury. Pursuant surrender to the authority conferred by of debentures for redemption [P.R. Doc. 60-2877; Filed. Mar. 29, 1960, the National Housing Act (48 Stat. 1246; on or after July.1, 1960, or for purchase 8:51" a.m.) U.S.C., title 12, sec. 1701 et seq.) as 2680 NOTICES amended, public notice is hereby given 2 2 ,2%, 2%, AND 3 PERCENT HOUSING INSUR- The debentures first issued as deter- that 21/2,2%, 2%, 27/s, 3, 3V8, 3/, 3%. ANCE FUND DEBENTURES, SERIES BB mined by the issue dates thereof were 31/2 and 3% percent Mutual Mortgage Serial selected for redemption by the Commis- Insurance Fund Debentures, Series AA, Denomination: numbers 1 sioner, Federal Housing Administration, of the denominations and serial numbers $50 ------20 to 104 with the approval of the Secretary of the designated below, are hereby called for $100 ------.------92 to 452 Treasury. redemption, at par and accrued interest, $500 ------51 to 165 No transfers or denominational ex- on July 1, 1960, on which date interest $1,000 ------130 to 431 $5,000 ------38 to 188 changes in debentures covered by the on such debentures shall cease: $10,000 ------814 to 1,585 foregoing call will be made on the books maintained by the Treasury Department 21, 2 , 23/4, 2%, 3, 38, 31, 3%, 3 AND 33/4 1All numbers inclusive. PERCENT MUTUAL MORTGAGE INSURANCE FUND on or after April 1, 1960. This does not DEBENTURES, SERIES AA The debentures first issued as deter- affect the right of the holder of a deben- Serial mined by the issue dates thereof were ture to sell and assign the debenture on Denomination: numbers' selected for redemption by the Commis- or after April 1, 1960, and provision will $50 ------1,670 to 3,883 sioner, Federal Housing Administration, be made for the payment of final interest $100 ------6,070 to 11,368 with the approval of the Secretary of the due on July 1, 1960, with the principal $500 ------1,745 to 3,033 thereof to the actual owner, as shown by $1,000 ------4,375 to 7,844 Treasury. the assignments thereon. $5,000 ------1,919 to 3,062 No transfers or denominational ex- $10,000 ------1,503 to 2,273 changes in debentures covered by the The Commissioner of the Federal foregoing call will be made on the books Housing Administration hereby offers to 1 All numbers inclusive. maintained by the Treasury Department purchase any debentures included in this The debentures first issued as deter- on or after April 1, 1660. This does not call at any time from April 1, 1960, to mined by the issue dates thereof were affect the right of the holder of a deben- June 30, 1960, inclusive, at par and selected for redemption by the Commis- ture to sell and assign the debenture on accrued interest, to date of purchase. sioner, Federal Housing Administration, or after April 1, 1960, and provision will Instructions for the presentation and with the approval of the Secretary of the be made for the payment of final interest surrender of debentures for redemption Treasury. due on July 1, 1960, with the principal on or after July 1, 1960, or for purchase No transfers or denominational ex- thereof to the actual owner, as shown by prior to that date will be given by the changes in debentures covered by the the assignments thereon. Secretary of the Treasury. foregoing call will be made on the books The Commissioner of the Federal C. B. SWEET, maintained by the Treasury Department Housing Administration hereby offers to Acting Commissioner. on or after April 1, 1960. This does not purchase any debentures included in this affect the right of the holder of a deben- call at any time from April 1, 1960, to Approved: March 25, 1960. ture to sell and assign the debenture on June 30, 1960, inclusive, at par and JULIAN B. BAIRD,' or after April 1, 1960, and provision will accrued interest, to date of purchase. Acting Secretary of the Treasury. be made for the payment of final interest Instructions for the presentation and due on July 1, 1960, with the principal [F.R. Doc. 60-2881; Filed, Mar. 29, 1960; surrender of debentures for redemption 8:51 a.m.] thereof to the actual owner, as shown by on or after July 1, 1960, or for purchase the assignments thereon. prior to that date will be given by the The Commissioner of the Federal Secretary of the Treasury. 2%, 3, 3'/8, 31/4, 3% AND 31/2 PER- Housing Administration hereby offers to C. B. SWEET, CENT SERVICEMEN'S MORTGAGE purchase any debentures included in this INSURANCE FUND DEBENTURES, call at any time from April 1, 1960, to Acting Commissioner. June 30, 1960, inclusive, at par and Approved: March 25, 1960. SERIES EE accrued interest, to date of purchase. B. BAIRD, Notice of Call for Partial Redemption, Instructions for the presentation and JULIAN surrender of debentures for redemption Acting Secretary of the Treasury. Before Maturity on or after July 1, 1960, or for purchase [P.R. Doc. 60-2880; Filed, Mar. 29, 1960; MARCH 24, 1960. 8:51 a.m.] prior to that date will be given by the Pursuant to the authority conferred by Secretary of the Treasury. the National Housing Act (48 Stat. 1246; C. B. SWEET, 31/2, 3% AND 3% PERCENT SEC- U.S.C., title 12, sec. 1701 et seq.) as Acting Commissioner. TION 221 HOUSING INSURANCE amended, public notice is hereby given that 278, 3, 3 /s, 3 %, 3% and 3 A percent Approved: March 25, 1960. FUND DEBENTURES, SERIES DD Servicemen's Mortgage Insurance Fund JULIAN B. BAIRD, Notice of Call for Partial Redemption, Debentures, Series EE, of the denomina- Acting Secretary of the Treasury. Before Maturity tions and serial numbers designated [F.R. Doc. 60-2879; Filed, Mar. 29, 1960; below, are hereby called for redemption, 8:51 a.m.] MARCH 24, 1960. at par and accrued interest, on July 1, Pursuant to the authority conferred by 1960, on which date interest on such the National Housing Act (48 Stat. 1246; debentures shall cease: 21/2, 2%, 2% AND 3 PERCENT U.S.C., title 12, sec. 1701 et seq.) as 2%.,3. 3 /R, 31 4, 3% , AND 31/2 PERCENT SERVICE- HOUSING INSURANCE FUND DE- amended, public notice is hereby given MEN'S MORTGAGE INSURANCE FUND DEBEN- BENTURES, SERIES BB that 312, 3% and 3% percent Section 221 TURES, SERIES EE Housing Insurance Fund Debentures, Serial Notice of Call for Partial Redemption, Series DD, of the denominations and Denomination: numbers serial numbers designated below, are $50 ------10 to 27 Before Maturity $100 ------54 to 214 hereby called for redemption, at par and $500 ------11 to 23 MARCH 24, 1960. accrued interest, on July 1, 1960, on $1,000 ------46 to 101 Pursuant to the authority conferred by which date interest on such debentures $5,000 ------7 to 15 the National Housing Act (48 Stat. 1246; shall cease: $10,000 ------14 to 36 U.S.C., title 12, sec. 1701 et seq.) as 3 , 3%, AND 3% PERCENT SECTION 221 HorS- 1 All numbers inclusive, amended, public notice is hereby given ING INSURANCE FUND DEBENTURES, StRIES DD that 21/2, 2%, 2% and 3 percent Housing Serial The debentures first issued as deter- mined by the issue dates thereof were Insurance Fund Debentures, Series BB, Denomination: numbers 1 $50 ------17 to 26 selected for redemption by the Commis- of the denominations and serial numbers $100 ------13 to 65 sioner, Federal Housing Administration, designated below, are hereby called for $500 ------4 to 19 with the approval of the Secretary of the redemption, at par and accrued interest, $1,000 ------14 to 93 Treasury. on July 1, 1960, on which date interest on $5,000 ------6 to 31 No transfers or denominational ex- such debentures shall cease: ' All numbers Inclusive. changes In debentures covered by the Wednesday, March 30, 1960 FEDERAL REGISTER 2681

foregoing call will be made on the books thereof to the actual owner, as shown by prior to that date will be given by the maintained by the Treasury Department the assignments thereon. Secretary of the Treasury. on or after April 1, 1960. This does not The Commissioner of the Federal affect the right of the holder of a deben- Housing Administration hereby offers to C. B. SWEET, ture to sell and assign the debenture on purchase any debentures included in this Acting Commissioner. or after April 1, 1960, and provision will call at any time from April 1, 1960, to Approved: March 25, 1960. be made for the payment of final interest June 30, 1960, inclusive, at par and JULIAN B. .due on July 1, 1960, with- the principal accrued interest, to date of purchase. BAIRD, Acting Secretary of the Treasury. thereof to the actual owner, as shown by Instructions for the presentation and the assignments thereon. surrender of debentures for redemption [F.R. Doc. 60-2884; Filed, Mar. 29, 1960: The Commissioner of the Federal on or after July 1, 1960, or for purchase 8:51 a.m.] Housing Administration hereby offers to prior to that date will be given by the purchase any debentures included in this Secretary of the Treasury. call at any time from April 1, 1960, to June 30, 1960, inclusive, at par and C. B. SWEET, FEDERAL COMMUNICATIONS accrued interest, to date of purchase. Acting Commissioner. Instructions for the presentation and Approved: March 25, 1960. COMMISSION surrender [Docket Nos. 13381. of debentures for redemption JULIAN B. BAIRD, 13439; FCC 60M-5461 on or after July 1, 1960, or for purchase Acting.Secretary of the Treasury. prior to that date will be given by the AMERICAN TELEPHONE AND Secretary of the Treasury. [P.R. Dec. 60-2883; Filed, Mar. 29, 1960; TELEGRAPH CO. ET AL. 8:51 a.m.] C. B. SWEET, Order Continuing Hearing Acting Commissioner. In the matter of American 21/2 AND 2/4 PERCENT ARMED Telephone Approved: March 25, 1960. and Telegraph Company, Docket No. SERVICES HOUSING MORTGAGE 13381, Regulations and charges for com- JULIAN B. BAIRD, INSURANCE FUND DEBENTURES, Acting Secretary of the Treasury. ponents of a distinctive tone and circuit SERIES FF assurance arrangement; American Tel- [P.R. Doc. 60-2882; Filed, Mar. 29, 1960; ephone and Telegraph Company, et al., 8:51 a.m.] Notice of Call for Partial Redemption, Docket No. 13439, Regulations and Before Maturity charges for certain equipment on an 82- B-1 type relay system MARCH 24, 1960. for use in connec- 21/2 PERCENT WAR HOUSING IN- tion with private line teletypewriter SURANCE F U N D DEBENTURES, Pursuant to the authority conferred by service. SERIES H the National Housing Act (48 Stat. 1246; It is ordered, This 24th day of March U.S.C., title 12, sec. 1701 et seq.) as 1960, that pursuant to agreement of par- Notice of Call for Partial Redemption, amended, public notice is hereby given ties arrived at during the prehearing Before Maturity that 21/2 and 2% percent Armed Services conference held on this date, the hearing Housing Mortgage Insurance Fund De- in the above-entitled MARCH proceeding now 24, 1960. bentures, Series FF, of the denomina- scheduled for March 28, 1960, be and Pursuant to the authority conferred by tions and serial numbers designated it is hereby continued to a date to be below, the National Housing Act (48 Stat. 1246; are hereby called for redemption, fixed at the further session of the pre- at par U.S.C., title 12, sec. 1701 et seq.) as and accrued interest, on July 1, hearing conference which is to be held amended, public notice is hereby given 1960, on which date interest on such de- on April 20, 1960. that 21/2 percent War Housing Insurance bentures shall cease: Released: March 25, 1960. Fund Debentures, Series H, of the de- 2 2 AND 2 % PERCENT ARMED SERVICES HOUSING nominations and serial numbers desig- MORTGAGE INSURANCE FUND DEBENTURES, FEDERAL COMMUNICATIONS nated below, are hereby called for re- SERIES FF COMMISSION, demption, at par and accrued interest, Serial [SEAL) MARY JANE MORRIS, on July 1, 1960, on which date interest numbers 1 Secretary. on such debentures shall cease: Denomination: $10,000 ------1,168 to 1,368 [F.R. Doe. 60-2890; Filed, Mar. 29, 1960; 21V2 PERCENT WAR HOUSING INSURANCE FUND 1All numbers Inclusive. 8:51 a.m.] DEBENTURES, SERIES H The debentures first issued as deter- Serial mined Denomination: numbers 1 by the issue dates thereof were [Docket Nos. 13422, 13428; FCC 60M-547] $50 ------4,308 to 4,497 selected for redemption by the Commis- $100 ------13,810 to 15,469 sioner, Federal Housing Administration, PLAINS RADIO BROADCASTING CO. $500 ------3,465 to 3,629 with the approval of the Secretary of the AND JACOB WILSON HENOCK and 3,631 to 3,912 Treasury. $1,000 ------15,876 to 18,810 No transfers or denominational ex- Order Scheduling Prehearing $5,000 ------3,814 to 4,322 changes in debentures covered by the Conference $10,000 ------37,953 to 41,023 foregoing call will be made on the books In re applications of Plains Radio 'All numbers inclusive. maintained by the Treasury Department Broadcasting Company, Detroit, Michi- on or after April 1, 1960. This does The debentures not gan, Docket No. 13422, File No. BPH- first issued as deter- affect the right of the holder mined by the issue dates thereof were of a deben- 2824; Jacob Wilson ture to sell and assign the debenture Henock, Detroit, selected for redemption by the Commis- on Michigan, Docket No. 13428, File No. sioner, or after April 1, 1960, and provision will BPH-2893; for construction Federal Housing Administration, be made permits with the approval of the Secretary of the for the payment of final interest (FM). due on July 1, 1960, Treasury. with the principal On the Hearing Examiner's own mo- No transfers or denominational thereof to the actual owner, as shown by ex- the assignments thereon. tion: It is ordered, This 24th day of changes in debentures covered by the March 1960, pursuant to the provisions The Commissioner of the Federal foregoing call will be made on of § 1.111 of the Commission's rules the books Housing Administration that maintained hereby offers to the parties or their counsel in by the Treasury Department purchase any debentures the above- included in this entitled proceeding are directed to ap- on or after April 1, 1960. This does not call at any time from April 1, 1960, to pear for a prehearing conference affect the right of the holder of a deben- June 30, 1960, at the inclusive, at par and offices of the Commission, Washington, ture to sell and assign the debenture on accrued interest, to date of purchase. or after April 1, 1960, and provision will D.C., at 10:00 a.m. on April 14,1960. Instructions for the presentation and In order to conserve time counsel are be made for the payment of final interest surrender of debentures for redemption due on July 1, 1960, with requested to confer a day or two before- the principal on or after July 1, 1960, or for purchase hand with a viewy to reaching advance No. 62--4 2682 NOTICES

[Docket Nos. 12457, 13434; FCC 60M-544] BP-12869 WMOH, Hamilton, Ohio. agreement upon such routine details as The Fort Hamilton Broadcasting the manner of presentation, dates for CLARENCE E. WILSON exchange of exhibits and such other AND MORTON Co. BROADCASTING CO. Has: 1450 kc. 250 w. U. dates as may be deemed necessary. In Req: 1450 kc, 250 w, 1 kw-LS, U. view of the design of the prehearing con- Notice of Prehearing Conference BP-12871 WAVO, Decatur, Ga. ference procedure to encourage the The Great Commission Gospel formulation of agreements by the parties In re applications of Clarence E. Association, Inc. looking towards the elimination of un- Wilson, Hobbs, New Mexico, Docket No. Has: 1420 kc, 500 w, DA, Day essentials, so that hearing may proceed 12457, File No. BP-11817; Mike Allen (Avondale Estates). with proper dispatch, it is requested that Barrett, tr/as Morton . Broadcasting Req: 1420 kc, 1 kw, DA, Day (De- the parties or their counsel attend this Company, Morton, Texas, Docket No. catur). conference prepared fully to discuss- 13434, File No. BP-13393; for construc- BP-12872 NEW, Canton, N.C. Vernon E. Pressley. and to agree upon-such matters as will tion permits. Req: 920 kc, 500 w, Day. conduce materially to the attainment of There will be a prehearing conference, BP-12877 NEW, Clinton, Tenn. this objective. under Rule 1.111, on Friday, April 22, Clinton Broadcasters, Inc. 1960, at 10 a.m., in the offices of the Req: 1380 kc, 1 kw, Day. Released: March 25, 1960. Commission, Washington, D.C. BP-12885 WAUX, Waukesha, Wis. 1960. Waukesha Broadcasting Co., Inc. FEDERAL COMMUNICATIONS Dated: March 24, COMMISSION, Has: 1510 kc, 250 w, Day. [SEAL) MARY JANE MORRIS, Released: March 25, 1960. - Req: 1510 kc, 10 kw, DA, Day. Secretary. BP-12886 NEW, Spencer, W.Va. FEDERAL COMMUNICATIONS Spencer Broadcasting Co. [F.R. Doc. 60-2891; Filed, Mar. 29, 1960; COMMISSION, Req: 1400 kc. 250 w, U. 8:52 a.m.I [SEAL] MARY JANE MORRIS, BP-12888 WKVA, Lewistown, Pa. Secretary. Central Pennsylvania Broadcast- ing Co. fDocket No. 13355; FCC 60M-542] [P.R. Doc. 60-2893; Filed, Mar. 29, 1960; Has: 920 kc, I kw, Day. 8:52 a.m.] Req: 920 kc, 500 w, 5 kw-LS, DA- JOHN A. AND EDWIN R. SAARINEN 2, U. IFCC 60-269] BP-12889 Order Continuing Hearing NEW, Barnesville, Ga. A. S. Riviare. In the matter of John A. and Edwin R. STANDARD BROADCAST APPLICA- Req: 1590 kc, 1 kw, Day. TIONS READY AND AVAILABLE FOR BP-12892 WBTN, Bennington, Vt. Saarinen, 5104 Harbor Drive, San Diego Catamount Broadcasters 6, California, Docket No. 13355; order to Inc. PROCESSING Has: 1370 kc, 500 w, Day. show cause why there should not be MARCH 25, 1960. Req: 1370 kc, 1 kw, Day. revoked the license for radio station BP-12895 NEW, Rugby, N. Dak. WA 5478, Aboard the vessel "Hermes II". Notice is hereby given, pursuant to Rugby Broadcasters. The Hearing Examiner having under §1.354(c) of the Commission's rules, Req: 1450 kc, 250w, U. consideration a "Motion To Continue that on April 30, 1960, the standard BP-12904 WTNT, Tallahassee, Pla. Proceeding" filed on March 14, 1960, by broadcast applications listed below will Tallahassee Appliance Corp. the Chief, Safety and Special Radio be considered as ready and available for Has: 1450 kc, 250 w, U. Services Bureau, requesting that the processing, and that pursuant to § 1.106 Req: 1450 kc, 250 w, 1 kw-LS, U. hearing in the above-entitled proceeding (b) (1) and § 1.361(b) of the Commis- BP-12905 WRWH, Cleveland, Ga. sion's rules, an application, in order to Newsic, Inc. be continued from March 30, 1960 to be considered with any application ap- Has: 1350 kc, 500w, Day. April 29, 1960; and Req: 1350 kc, 1 kw, Day. It appearing that the respondents did pearing on the attached list, must be BP-12909 NEW, Dishman, Wash. not receive the Order to Show Cause is- substantially complete and tendered for Bar None, Inc. sued in this matter until March 2, 1960, filing at the offices of the Commission in Req: 1430 kc, 1 kw, Day. and that, therefore, adherence to the Washington, D.C., no later than (a) the BP-12910 WPAY, Portsmouth, Ohio: previously scheduled date would deprive close of business on April 29, 1960, or (b) Paul F. Braden. Has: 1400 kc, 250 w, U. them of the full thirty days provided by if action is taken by the Commission on Req: 1400 kc, 250 w, 1 kw-LS, U. § 1.62 of the Rules for filing a reply any listed application prior to April 30, 3P-12912 NEW, Clinton., Tenn. herein; ' and 1960, no later than the close of business The Clinton Broadcasting Co. It further appearing that the subject on the day preceding the date on which Req: 1570 kc, 250w, Day. motion has been on file for a period of such action is taken, or (c) the day on BP-12913 NEW, Houston, Mo. seven (7) days (exclusive of the day of which a conflicting application was "cut Robert F. Neathery. off " because it was timely filed for con- Req: 1250 kc, 500 w, Day. mailing and intermediate Saturdays and BP-12914 NEW, Punta Gorda, Fla. Sundays), and that no opposition thereto sideration with an application on a pre- Lindsay Broadcasting Co. has been filed on behalf of the respond- vious such list. Req: 1350 kc, 600 w, DA, Day. ents; and Adopted: March 24, 1960. BP-12918 WAEB, Allentown, Pa. It further appearing that good cause WAEB Broadcasters, Inc. has been shown for granting the re- FEDERAL COMMUNICATIONS Has: 790 kc, 500 w, 1 kw-LS, quested continuance; COMMISSION, DA-2, U. Req: 790 kc, 1 kw, DA-2, U. Accordingly, it is ordered, This 24th [SEAL] MARY JANE MORRIS, BP-12919 WKNY, Kingston, N.Y. day of March 1960, that the above- Secretary. Kingston Broadcasting Corp. described motion for a continuance is granted, and the hearing in this pro- Applications from the top of the processing Has: 1490 kc, 250 w, U. line Req: 1490 k, 250 w, 1 kw-LS, U. ceeding heretofore scheduled for March BP-12923 NEW, Blackshear, Ga. 30, 1960, is continued to April 29, 1960, BP-12855 KELK, Elko, Nev. Collins Corp. of Georgia. at 10:00 a.m., in the offices of the Com- Elko Broadcasting Co. Req: 1350 kc, 500 w, Day. Has: 1240 kc, 250 w, U. BP-12925 NEW, Clinton, Tenn. mission, Washington, D.C. Req: 1240 kc, 250 w, 1 kw-LS, U. Mountain Empire Radio Co. Released: March 24, 1960. BP-12858 NEW, Ashburn, Ga. Req: 1460 kc, 500 w, Day. Emory L. Pope. BP-12926 NEW, Eagle River, Wis. FEDERAL COMMUNICATIONS Req: 1570 kc, 1 kw, Day. Eagle River Broadcasting Co. COMMISSION, BP-12862 NEW, Beaufort, S.C. Req: 950 kc, 1 kw, Day. [SEAL] MARY JANE MORRIS, Sea Island Broadcasting Co. BP-12927 KLIQ, Portland, Oreg. Secretary. Req: 1490 kc, 100 w, U. BP-12865 NEW, Nashville, Ga. KHIQ Broadcasters. [F.R. Doec. 60-2892; Filed, Mar. 29, 1960 Hanson R. Carter. Has: 1290 kc, I kw, Day. 8:52 a.m.] Req: 1600 kc, 1 kw, Day. Req: 1290 kc, 5 kw, Day. BP-12866 NEW, Lordsburg, N. Mex. BP-12930 NEW, Marpoia, Calif. Respondents have filed no reply in this Alan A. Koff. Universal Electronics Network. proceeding to date. Req: 950 kc, 1 kw, Day. Req: 790 kc, 500 w, Day. Wednesday, March 30, 1960 FEDERAL REGISTER 2683

BP-12933 ELAK, Lakewood, Colo. tariff sheets tendered for filing on Febru- Lakewood Broadcasting Service, FEDERAL POWER COMMISSION ary 23, 1960; and that said revised tariff Inc. [Docket No. RP60-3] sheets, except the mentioned sheets re- Has: 1600 ke, 1 kw, DA-N, U. lating to sales for resale for industrial Req: 1600 kc, 1 kw, 5 kw-LS, DA- N, U. EL PASO NATURAL GAS CO. use only, should be suspended and the use thereof deferred as hereinafter or- BP-12936 NEW, Benson, N.C. Order Providing for Hearing on and George 0. Beasley. dered. Req: 1580 kc, 1 kw, Day. Suspension of Proposed Tariff The Commission orders: BP-12937 EMAR, Winnsboro, La. Sheets (A) Pursuant to the authority of the Franklin Broadcasting Co., Inc. MARCH 23, 1960. Natural Gas, particularly sections 4 and Has: 1570 kc, 500 w, Day. 15 thereof, the Commission's rules of Req: 1570 kc, 1 kw, Day. On February 23, 1960, El Paso Natural BP-12939 NEW, Nashville, Ga. Gas Company (El Paso) tendered for fil- practice and procedure, and the regula- Radio Nashville. ing First Revised Sheet No. 34-A, Fifth tions under the Natural Gas Act (18 CFR Req: 1550 kc, 1 kw, Day. Revised Sheets Nos. 11-A, 27-B, 27"C and Ch. I) a public hearing be held, upon a BMP-8480 WLAT, Conway, S.C. 27-E, Sixth Revised Sheets Nos. 27-G date to be fixed by notice from the Sec- Coastal Broadcasting Co. and 34, Seventh Revised Sheet No. 18, retary, concerning the lawfulness of the Has: (CP) 1330 kc, 5 kw, Day. Eighth Revised Sheets Nos. 4, 6, 8 and 17, rates, charges, classifications and services Req: (M?) 1330 ke, 500 w, 5 kw- Ninth Revised Sheets Nos. 19 and 36, contained in El Paso's FPC Gas Tariff LS, DA-N, U. as proposed to be changed by the above BP-12941 NEW, Las Vegas, Nev. Tenth Revised Sheet No. 11, Twelfth Re- Las Vegas, Electronics. vised Sheet No. 10 and Sixteenth Re- specified revised tariff sheets' tendered Req: 970 kc, 500 w, Day. vised Sheet No. 14-A to its FPC Gas for filing February 23, 1960. BP-12942 KMUL, Muleshoe, Tex. Tariff, Original Volume No. 1, and Fifth (B) Pending such hearing and decision Radio Station KMUL. Revised Sheet No. 75-D to its FPC Gas thereon, El Paso's First Revised Sheet Has: 1380 kc, 500 w, Day. Tariff, Third Revised Volume No. 2. In No. 34-A, Fifth Revised Sheets Nos. 11-A, Req: 1380 kc, 1 kw, Day. these revised tariff sheets El Paso pro- 27-B, 27-C and 27-E, Sixth Revised BP-12943' KFIR, North Bend, Ore. Sheets Nos. 27-G and 34, Seventh Re- Bay Broadcasting Co. poses an increase in rates of $21,216,108 Has: 1340 kc, 250 w, U. or 8.2 percent to its jurisdictional cus- vised Sheet No. 18, Eighth Revised Sheets Req: 1340 ke, 250 w, 1 kw-LS, U. tomers on the El Paso system as it ex- Nos. 4, 6, 8 and 17, Ninth Revised Sheets BP-12944 KORD, Pasco, Wash. isted prior to the merger with Pacific Nos. 19 and 36, Tenth Revised Sheet No. Music Broadcasters. Northwest Pipeline Corporation.' The 11 and Twelfth Revised Sheet No. 10 to Has: 910 kc, 1 kw, Day. proposed increase is based on sales for El Paso's FPC Gas Tariff, Original Vol- Req: 910 kc, 5 kw, Day. the year ended October 31, 1959, with ume No. 1, are hereby suspended and BP-12946 NEW, Latham, N.Y. the use thereof deferred until August 25,' The Iroquois Broadcasting Co., adjustments and is in addition to annual Inc. increases of $26 million, and $17 million 1960, and until such further time as they Req: 1600 kc, 500 w, Day. On the same El Paso system effective may be made effective in the manner subject to refund in Docket Nos. G-17929 prescribed by the Natural Gas Act. Applications on which 309(b) letters have and G-12948, respectively. (C) Sixteenth Revised Sheet No. 14-A been issued In support of the proposed increase, to El Paso's FPC Gas Tariff, Original El Paso submitted cost data for the year Volume No. 1, and Fifth Revised Sheet BP-12857 WABY, Albany, N.Y. No. Eastern New York Broadcasting ended October 31; 1959, with adjust- 75-D to El Paso's FPC Gas Tariff Corp. ments. The adjustments reflect ques- .Third Revised Volume No. 2, are accepted Has: 1400 kc, 250 w, U. tionable items which include but are not for filing, effective March 25, 1960. Req: 1400 kc, 250 w, 1 kw-LS, U. limited to (1) increased cost of pur- (D) Notices of intervention or peti- BP-12868 NEW, Houston, Tex. chased gas due to spiral escalations, fa- tions to intervene may be filed with the Taft Broadcasting Co. vored nations, and renegotiated rate Federal Power Commission, Washington Req: 1010 kc, 1 kw, DA, Day. • increases filed by El Paso's suppliers; 25, D.C., in accordance with the rules of BP-12876- NEW. Sapulpa, Okla. practice and procedure (18 CFR 1.8 or Sapulpa Broadcasters. (2) increased costs of produced gas; (3) Req: 1550 kc, 250 w Day. increased plant investment; (4) claimed 1.37(f)) on or before May 9, 1960. BP-12880 WSJM, St. Joseph, Mich. ratq of return increase to 6% percent; By the Commission. WSJM, Inc. and (5) a general increase in the com- Has: 1400 kc, 250 w, U. pany's cost of service due to increases in JOSEPH H. .GUTRIDE,Secretary. Req: 1400 kc, 250 w, 1 kw-LS, U. wages and taxes. BP-12891 NEW, Redwood City, Calif. It also apears that Sixteenth Revised [P.R. Doc. 60-2850; Filed, Mar. 29, 1960; Western States Broadcasting Co. Sheet No. 44-A to El Paso's FPC Gas 8:46 a.m.] Req: 850 kc, 500 w, DA-1, U. Tariff, Original Volume No. 1, and Fifth BP-12903 NEW, Seattle, Wash. Revised Sheet No. 75-D to its FPC Gas Paul R. Heitmeyer. Tariff -Third Revised Volume No. 2, re- [Docket No. R160-2051 Req: 1440 kc, 1 kw, Day. late to sales of natural gas for resale for FOREST OIL CORP. BP-12911 WJHO, Opelika, Ala. industrial use only, and are therefor not Opelika-Auburn Broadcasting Co. subject to suspension under section 4(e) Order Providing for Hearing on and Has: 1400 ke, 250 w, U. of the Natural Gas Act. Suspension of Proposed Change in Req: 1400 kc, 250 w, 1 kw-LS, U. The increased rates and charges pro- Rate and Allowing Rate Change To BP-12916 WSOY, Decatur, Ill. vided for in the tariff sheets tendered by Become Effective Upon Filing of Illinois Broadcasting Co. El Paso on February 23, 1960, may be Has: 1340 kc, 250 w, U. unjust, unreasonable, unduly discrimi- Motion and Undertaking To Assure Req: 1340 kc, 250 w, 1 kw-LS, U. natory, or preferential, or otherwise Refund of Excess Charges BP-12922 WMID, Atlantic City, N.J. unlawful. Mid-Atlantic Broadcasting Co. MARCH 23, 1960. The Commission finds: It is necessary On February Has: 1340 kc, 250 w, U. and proper in the public interest, and to 26, 1960, Forest Oil Cor- Req: 1340 kc, 250 w, 1 kw-LS, U. poration (Forest) tendered for filing a BP-12938 aid in the enforcement of the provisions proposed change in its presently effec- NEW, Roseville, Calif. of the Natural Trans-Sierra Radio. Gas Act, that the Com- tive rate schedule for the sale of natural Req: 1430 kc, 500 w, DA, Day. mission enter upon a hearing concerning the lawfulness of the rates, charges, clas- gas to Coastal States Gas Producing BP-12940 WJBW, New Orleans, La. Company (Coastal) in the producing Radio New Orleans, Inc. sification, and services contained in El Paso's FPC Gas Tariff as proposed to be area of West Cologne Field, Victoria Has: 1230 kc, 250 w, U. County, Texas. The proposed change, Req: 1230 kc, 250 w, 1 kw-LS, U. changed by the above specified revised designated as Supplement No. 2 to [P.R. Doc. 60-2895; Filed, Mar. 29, 1960; INo increase is proposed for the customers Forest's FPC Gas Rate Schedule No. 8 8:52 a.mt of the former Pacific Northwest system.. and dated February 25, 1960, reflects an 2684 NOTICES

increase of 4.22984 cents per Mcf from That, within 20 days from the date of the agreement and undertaking shall be a rate of 8.0768 cents to 12.30664 cents. this order, Forest shall file a motion as deemed to have been accepted. Forest requests waiver of notice under required by section 4(e) of th Natural (F) If Forest - shall, in conformity the Commission's regulations and an ef- Gas Act and concurrently execute and with the teirms and conditions of para- fective date of January 1, 1959. file with the Secretary of the Commis- graph (D) of this order, make the re- Coastal resells the gas to Tennessee sion the agreement and undertaking de- funds as may be required by order of the I Gas Transmission Company. Forest's scribed in paragraph (E) below. Commission, the undertaking shall be contract of sale, dated May 23, 1955, (D) Forest shall refund at such times discharged, otherwise it shall remain provides that if Coastal should receive a in and in such amounts to persons entitled full force and effect. rate increase from Tennessee Gas, the thereto, and in such manner as may be (G) Neither the rate schedule here entire increase shall be paid to Forest. required by final order of the Commis- proposed to be amended nor the supple- A periodic rate increase from 10.81 cents sion, the portion of the increased rates ment hereby suspended shall be changed to 10.88 cents per Mcf was accepted for and charges found by the Commission in until the period of suspension has ex- filing under Coastal's related FPC Gas this proceeding not justified, together pired, unless otherwise ordered by the Rate Schedule No. 26 as of July 27, 1959, with interest thereon at the rate of 7 Commission. and a later redetermined rate increase percent per annum from the date of (H) Notices of intervention or peti- under the same schedule, from 10.88 payment to Forest until refunded; shall tions to intervene may be filed with the cents to 15.11 cents per Mcf, was sus- bear all costs of any such refunding, Federal Power Commission, Washington pended in Docket No. G-19653 until shall keep accurate accounts in detail of 25, D.C., in accordance with the rules of March 17, 1960. Forest now seeks the all amounts received by reason of the in- practice and procedure (18 CFR 1.8 or increase in Coastal's resale rate of 4.3 creased rates or charges effective as of .1.37 (f) ) on or before May 6, 1960. cents per Mcf. March 18, 1960, for each billing period, By the Commission. In support, Forest states that the con- specifying by whom and in whose behalf tract was negotiated at arm's length; such amounts were paid; and shall.re- JOSEPH H. GUTRIDE, the proposed rate does not exceed the port (original and one copy), in writing Secretary. going price for similar gas in the area; and under oath, to the Commission [F.R. Doc. 60-2851; Filed, Mar. 29, 1960; and the increase is necessary to offset monthly, for each billing period and for 8:46 a.m.] increased costs of operation and to en- each purchaser, the billing determinants courage exploration and development. of natural gas sales to such purchasers The proposed change may be unjust, and the revenues resulting therefrom as [Docket No. RP60-41 unreasonable, unduly discriminatory, or computed under the rates in effect im- LONE STAR GAS CO. preferential, or otherwise unlawful. mediately prior to the date upon which The Commission finds: the increased rate allowed by this order Order Providing for Hearing on and (1) It is necessalj and proper in the becomes effective, and under the rates Suspension of Proposed Revised public interest, and to aid in the enforce- and charges allowed by this order to be- Tariff Sheets ment of the provisions of the Natural come effective, together with the differ- MARCH 23, 1960. Gas Act, that the Commission enter upon ences in the revenues so computed. a hearing concerning the lawfulness of (E) As a condition of this order, with- On February 8, 1960, Lone Star Gas the rates, -charges, classifications, and in 20 days from the date of issuance Company (Lone Star) tendered for filing services contained in Supplement No. 2 hereof, Forest shall concurrently execute First Revised Sheet NOS. 4 and. 8 to its FPC Gas' Tariff, Original Volume to Forest's FPC Gas Rate Schedule No. and file (original and three (3) copies) No. 1, 8, and that said proposed rate sched- with the Secretary of the Commission its proposing an annual increase in rates ule be suspended and the use thereof motion to make rates effective and its to Natural Gas Pipeline Company of deferred as hereinafter provided. written agreement and undertaking to America, its only jurisdiction customer, of $1,284,514 or 27.3 (2) It is appropriate in the public in- comply with the terms of paragraph (D) percent, such in- crease to terest and in carrying out the provisions hereof, signed by a responsible officer of be effective March 24, 1960. Lone Star requests that in the of the Natural Gas Act that Forest's the corporation, evidenced by proper event proposed rate schedule its increase be suspended that the be made effective authority from the Board of Directors, sus- as hereinafter provided pension period be shortened so that the and that Forest and accompanied by a certificate showing be required to file an undertaking as increase would be suspended to the same hereinafter ordered and conditioned. service of copies thereof upon all pur- date as that fixed in the proceedings re- The Commission orders: chasers under the rate schedule involved, lating to Warren Petroleum Corporation (A) Pursuant to the authority con- as follows: and Kerr-McGee Oil Industries, Inc., in tained in and subject to the jurisdiction Agreement and Undertaking of Forest Oil Docket Nos. 0-20478 and G-20479, re- conferred upon the Federal Power Com- Corporation To Comply With the Terms spectively. The Increases have been mission by sections 4 and 15 of the Nat- and Conditions of Paragraph (D) of Fed- suspended in these proceedings until ural Gas Act, and the Commission's eral Power Commission's Order for Hear- May 24, 1960. ing, Suspending regulations under the Natural Gas Proposed Change in Rate Lone Star submitted two cost studies in Act, and Allowing Rate Change To Become including rules of practice and procedure Effective Upon Filing of Motion and support of its increase, one of which is (18 CFR Ch. I), a public hearing be held Undertaking To Assure Refund of Excess in an abbreviated"form on a systemwide at a time and date to be fixed by notice Charges basis. The regulations do not permit the from the Secretary of this Commission, submission of such an abbreviated filing In conformity with the requirements of concerning the lawfulness of the rates, the order issued (Date), in Docket R160-205, unless certain conditions are met. Lone charges, classifications, and services, Forest O11 Corporation hereby agrees and Star has requested waivei of the regula- subject to the jurisdiction of the Com- undertakes to comply with the terms and tions to permit it to file the abbreviated mission, contained in Supplement No. 2 conditions of paragraph (D) of said order, application since it relies principally on to Forest's FPC Gas Rate Schedule No. 8. and has caused this agreement and under- increased purchased gas costs, although (B) Pending such hearing and deci- taking to be executed and sealed in its name all the suppliers have not as yet applied sion thereon Supplement No. 2 to For- by Its officers, thereupon duly authorized in for the increased rates. Approximately est's FPC Gas Rate Schedule accordance with the terms of the resolution 20 percent of the requested increase No. 8 is of its Board of Directors, a certified copy is hereby suspended, and use deferred until of based on such unfiled increases. How- which Is appended hereto this ---day of March 18, 1960, and until such further 1960. ------ever, telegrams have been received indi- time as it is made effective in the man- cating that the producers who have not ner hereinafter prescribed, or until such FOREST OIL CORPORATION filed for the increase will do so shortly. B y ------later time as Coastal's resale rate may Attest: The cost studies submitted by Lone be made effective subject to refund. Star included actual costs for the year (C) The rates, charges, classifica- Secretary ended September 30, 1959, with adjust- ments. The adjustments reflect ques- tions, and services set forth in the above- Unless Forest is advised to the con- designated filing shall be effective as of tionable items which include but are trary within 15 days after the date of not limited to increased purchased gas March 18, 1960: Provided, however, filing such agreement and undertaking, costs, wage increases,, additional costs Wednesday, March 30, 1960 FEDERAL REGISTER 2685 associated with new facilities author- tion and a subsidiary of The Columbia the Commission's rules of practice and ized in Docket No. G-17900 and a 61/2 Gas System, Inc., having its principal procedure. Under the procedure herein percent of rate of return and associated place of business at 99 North Front provided for, unless otherwise advised, l- income taxes. Street, Columbus, Ohio, filed on Janu- it will be unnecessary for Applicant to . The increased rates and charges so ary 4, 1960, an application for authoriza- appear or be represented at the hearing. proposed may be unjust, unreasonable, tion under section 7 of the Natural Gas Protests or petitions to intervene may unduly discriminatory, or preferential Act, as amended, to continue delivery be filed with the Federal Power Commis- or otherwise unlawful. and sale of natural gas to Rutland Fuel sion, Washington 25, D.C., in accordance The Commission finds: Company ("Rutland") and The Racine with the rules of practice and procedure (1) Good cause has been shown that Gas and Service Company ("Racine") all (18 CFR 1.8 or 1.10) on or before April the requirements under the Regulations as more fully represented in the appli- 18, 1960. Failure ofany party to appear Under the Natural Gas Act (Q 154.63) cation, which is on file with the Commis- at and participate in the hearing shall be waived to permit the afore-mentioned sion and open for public inspection. be construed as waiver of and concur- abbreviated rate filing tendered by Lone Rutland and Racine distribute natural rence in omission herein of the inter- Star to be accepted for filing. gas to the small communities- of Rutland mediate decision procedure in cases (2) It is necessary and proper in the and Racine in Meigs County, Ohio. where a request therefor is made. public interest and to aid in the en- Originally gas was supplied from wells JOSEPH H. GUTRIDE, forcement of the provisions of the owned and operated by the respective Secretary. Natural Gas Act that the Commission companies and/or purchased from inde- enter upon a hearing concerning the pendent producers operating in the area. [F.R. Doc. 60-2853; Filed, Mar. 29, 1960; lawfulness of the rates, charges, classi- By 1955, requirements on the Rutland 8:47 a.m.] fications, and services contained in and Racine systems exceeded available Lone Star's FPC Gas Tariff, Original supplies and Applicant was requested to [Docket No. E-64681 Volume No. 1 as proposed to be amended provide the additional volumes needed. by First Revised Sheet Nos. 4 and 8, and Temporary connections were installed SOUTH CAROLINA ELECTRIC & that said proposed revised tariff sheets so that gas could be delivered to Rutland GAS CO. from gathering lines on the field side of and the rates contained therein be sus- Notice of Time and Place for Hearing pended and the use thereof deferred as Meigs Station and to Racine from the hereinafter provided. discharge side of Sutton Station. MARCH 23, 1960. The Commission orders: During the winter of 1958-59 Applicant On February 1, 1960, the Commission (A) The requirements of the regu- increased field pressures temporarily on ordered a hearing, commencing at a time lations under the Natural Gas Act a portion of the Meigs field in order to and place to be fixed by notice, respecting (§ 154.63) are hereby waived with re- maintain service to Rutland at the re- the matters involved and the issues pre- spect to the aforementioned abbreviated quest of The Public Utilities Commission sented by the investigation instituted by rate filing and it is hereby accepted for of Ohio. Rutland was later Ordered by Commission order issued December 8, filing. The Public Utilities Commission of Ohio 1952 and the recommendations contained (B) Pursuant to the authority of the to construct the necessary facilities to in the May 1959 report by the staff of Natural Gas Act, particularly sections obtain service from Line F-258. Pur- the Commission's Bureau of Power as 4 and 15 thereof, the Commission's rules suant to this order, Rutland is in the amended by letter of November 4, 1959, of practice and procedure, and the reg- process of constructing 4.3 miles of 4- concerning annual charges which South ulations under the Natural Gas Act (18 inch O.D. line from Line F-258 to con- Carolina Electric & Gas Company may be CFR Ch. I), a public hearing be held nect with its existing distribution facili- required to pay for headwater benefits on a date to be fixed by notice from the ties at a cost of $28,800 to Rutland. from the Clark Hill Project for the years Secretary, concerning the lawfulness of Applicant proposes to install a tap, regu- 1950 to 1955, inclusive. the rates, charges, classifications, and lator and meter setting at Line F-258 at Notice is hereby given that the hearing services contained in Lone Star's FPC an estimated cost of $6,135.00. fixed by Commission order issued Febru- Gas Tariff, Original Volume No. 1 as As a result of termination of operations ary 1, 1960, in Docket No. E-6468, will proposed to be amended by First Re- at Sutton Station, Racine will also, be commence on May 2, 1960, at 10:00 a.m., vised Sheet Nos. 4 and 8. supplied from Line F-258. No additional e.d.s.t., in a hearing room of the Federal (C) Pending such hearing and deci- facilities are involved to serve Racine. Power Commission, 441 G Street N.W., sion thereon, First Revised Sheet Nos. Line F-258 transports gas received Washington, D.C. 4 and 8 to Lone Star's FPC Gas Tariff, from United Fuel Gas Company. Fu- Original Volume No. 1, are suspended ture delivery and sale of gas to Rutland JOSEPH H. GUTRIDE, until July 1, 1960, and until such fur- and Racine will, therefore, be made from Secretary. ther time as they are made effective in facilities subject to the jurisdiction of [F.R. Doc. 60-2854; Filed, Mar. 29, 1960; the manner prescribed by the Natural the Federal Power Commission and Ap- 8:47 a.m.] Gas Act. plicant is requesting authorization for * (D) Notices of intervention or peti- such continued delivery and sale and for [Docket No. a-196321 tions to intervene may be filed with the construction and operation of the re- Federal Power Commission, Washing- quited facilities. SOUTHERN NATURAL GAS CO. ton 25, D.C., in accordance with the This matter is one that should be rules of practice and procedure (18 heard and disposed of as promptly as Notice of Amendment to Application CFR 1.8 or 1.37(f)) on or before May possible under the applicable rules and and Date of Hearing 9, 1960. regulations and to that end: MARCH 23, 1960. By the Commission. Take further notice that, pursuant to Take notice that Southern Natural the authority contained in and subject Gas Company (Southern) a Delaware H. JOSEPH OUTRIDE, to the jurisdiction conferred upon the corporation, with its principal place Secretary. of Federal Power Commission by sections business in Birmingham, Alabama, filed [F.R. Doc. 60-2852; Filed, Mar. 29, 1960; 7 and 15 of the Natural Gas Act, and the on March 7, 1960, an amendment to its 8:46 a.m.] Commission's rules of practice and pro- application filed October 5, 1959, for a cedure, a hearing will be held on April certificate of public convenience and 28, 1960, at 9:30 a.m., e.d.s.t., in a Hear- [Docket No. CP60-11 necessity. Notice of the. application ing Room of the Federal Power Commis- filed on October 5, 1959, was published in OHIO FUEL GAS CO. sion, 441 G Street NW., Washington, D.C., the FEDERAL REGISTER on February 5, concerning the matters involved in and Notice of Application and Date of 1960 (25 F.R. 1063). the issues presented by such application: Southern's original application filed Hearing Provided, however, That the Commis- October:5, 1959 covered proposed firm MARCH 23, 1960. sion may, after a non-contested hearing, service to Carolina Pipeline Company Take notice that The Ohio Fuel Gas dispose of 'the proceedings pursuant to and interruptible service to two Indus- Company (Applicant), an Ohio corpora- the provisions of § 1.30(c) (1) or (2) of trial customers, namely Ruberoid Coin- NOTICES pany and Hercules Powder Company. [Project No. 22731 States which may be contained within the project. Southern, by its amendment, seeks au- WASHINGTON PUBLIC POWER thorization to construct and operate a Protests or petitions to intervene may meter station for the delivery of natural SUPPLY SYSTEM be filed with the Federal Power Com- gas on an interruptible basis to the Na- Notice of Application for License mission, Washington 25, D.C., in accord- tional Gypsum Company (Gypsum) near ance with the rules of practice and pro- Savannah, Georgia. MARCH 23, 1960. cedure of the Commission (18 CFR 1.8 The amendment recites that the maxi- Public notice is hereby given that or 1.10). The last date upon which pro- mum daily gas requirements and annual Washington Public Power Supply Sys- tests or petitions may be filed is Fay 9, deliveries to Gypsum are estimated at tem, of Kennewick, Washington, has 1960. The application is on file with the 2,400 Mcf and 584,700 Mcf respectively. filed an application under the Federal Commission for public inspection. Southern has entered into a 15-year Power Act (16 U.S.C. 791a-825r) for a JOSEPH H. GUTRIDE, contract with Gypsum for the sale of license for a waterpower Project No. Secretary. gas for its gypsum board dryer. The 2273, to be known as the Nez Perce proj- ect to be located at about river mile 186 [P.R. Doc. 60-2856; Filed, Mar. 29, 1960; dryer is now operated with fuel oil. 8:47 a.m.] The estimated cost of constructing the on the Snake River and about 2.5 miles proposed meter station is approximately below the mouth of the Salmon River $17,980, which cost will be defrayed from and about 5.5 miles below the mouth of [Docket Nos. R160-196--RI60-204] the Imnaha River, in Nez, Perce, Idaho cash on hand or will be derived from CARL J. WESTLUND ET AL current operatiofis. and Adams Counties in Idaho, and Wal- The plant of Gypsum, to which South- lowa County, Oregon. Order Providing for Hearing on and ern proposes to deliver natural gas, The Nez Perce project will consist of a Suspension of Proposed Changes in concrete arch dam approximately 700 manufactures gypsum products. The Rates ' amendment recites that the gas delivered feet high, a reservoir with a normal pool A MARCH 23, 1960. to Gypsum will be used for the direct elevation of 1490 feet (m.s.l.) extending application of heat in the gypsum board 61 miles upstream on the Snake River to Carl J. Westlund (Operator), et al., dryer and for the generation of steam. the Low Hells Canyon development of Docket No. R160-196; Jay Simmons, et Take further notice that on March 16, Project No. 1971, 62 miles upstream on al., Docket No. R160-197; Helmerich & 1960 a pre-hearing conference was held the Salmon River; and about 10 miles up- Payne, Inc. (Operator), et al, Docket No. in relation to the above-entitled matter stream on the Imnaha River, and having R160-198; Mrs. Nellie Virginia Kelly, before the Presiding Examiner, and as a a total capacity of 6,000,000 acre-feet and Docket No. RI60-199; Harper Oil Co. result thereof, a hearing will be held a maximum usable storage capacity of (Operator), et al, Docket No. R160-200; commencing on April 19, 1960 at 10 a.m., 4,500,000 acre-feet. One powerhouse is Phillips Petroleum Co. (Operator), et al., e.s.t. in a Hearing Room of the Federal to be located on the Oregon side im- Docket No. R160-201; Hunt Oil Company, Power Commission, 441 G Street NW., mediately below the dam with initial Docket No. R160-202; Edwin L. Cox, Washington, D.C. concerning the matters installation of six generating units each Docket No. R160-203; Texas Gulf Pro- involved in and the issues presented by rated at 200,000 kilowatts. Provision is ducing Co., Docket No. R160-204. such application as amended. to be made for a future powerhouse The above-named Respondents have In view of the amendment filed, pro- similarly located on the Idaho side to -tendered for filing proposed changes in presently effective rate schedules for tests or petitions to intervent may be house six more 200,000 kilowatt generat- filed with the Federal Power Commission, ing units, making the ultimate capacity their sales of natural gas subject to the Washington '25, D.C. in accordance with of 2,400,000 kilowatts. An adjacent jurisdiction of the Commission. The the rules of practice and procedure on switchyard, access road and associated proposed changes are designated as or before April 12, 1960. hydraulic and electrical facilities will follows: also be included. JOSEPH H. GUTRIDE, Pursuant to section 24 of the Federal This order does not provide for the con- Secretary. Power Act, the filing of this application solidation for hearing or disposition of the [F.R. Doc. 60-2855; Filed, Mar. 29, 1960; has- the effect of segregating from all separately-docketed matters covered herein, 8:47 a.m.] forms of disposal any lands of the United nor should it be so construed.

Cents per Mcf Rate In Rate Supple- Notice of Effective Date sus- - _ effect sub- Docket Respondent sched- ment Purchaser and producing area change Date date un- pended ject to No. tle No. dated tendered less sus- until Rate In Proposed refund in No. pended' effect 3 increased docket rate Nos.

RIGO-196 Carl J. Westhnd 1 5 El Paso Natural Gas Co. (Spraberry Field, Undated 2-25-60 3-27-60 8-27-60 11.1056 17.14325 (Operator), ot al. Upton County, Tex.). RI60-197...] ay Simmons, ct al.... 1 5 El Paso Natural Gas Co. (Jalmat Field, ... do --- 2-23-60 3-25-60 8-25-60 10.5 15. 559 ...... , Lea County, N. Mex.). RI60-198 ... flelmerich & Payne, 4 3 Northern Natural Gas Co. (Hugoton .. do --- 2-26--60 3-28-60 8-28--60 11.0 15.0 ...... Inc. (Operator), Field, Haskell County, Kans.). et al. RI6-199_.- Mrs. Nellie Virginia 1 2 Kerr-McGee Oil Industries, Inc. (Pan- ... do --- 2-28-60 4- 1-60 9- 1-60 10.2959 11.7518 ...... Kelly. handle Field, Tex.). RIGO-200... Harper Oil Co. 2 2 El Paso Natural Gas Co. (Lea County, -.. do --- 2-26-60 3-28-60 8-28-60 10.5 15. 559 ...... (Operator), et al. N. Mex.). 1I60-201 ... Phillips Petroleum 323 2 Lone Star Gas Co. (Fox-Graham Field, 2-19-60 2-23-60 3-25-60 8-25-60 11.0 16.8 0-16333 Co. (Operator), Carter County, Okla.). et al. RI60-201 ---- io------324 2 ---- do ------2-19-60 2-23-60 3-25-60 8-25-60 11.0 16.8 G-16339 160-202___- Hunt Oil Co ------36 8 El Paso Natural Gas Co. (Amacker-Tip- Undated 2-24-60 3-26-60 8-26-60 10. 3072 13. 68225 3G-20009 pett Field, Upton County, Tex.). RI60-203...| Edwin L. Cox ------15 4 Panhandle Eastern Pipe Line Co. (Texas 2-12-60 2-23-60 3-25-60 8-25-60 16.4 16.6 0-18103 County, Okla.). R160-204.. Texas Gulf Producing 3 10 Trunkllne Gas Co. (Columbus Field, 2-16-60 2-24-60 3-26-60 8-26-60 15.0 20.0 0-16177 Co. Colorado County, Tex.). R1I60-204.------do ------4 10 ---- do ------2-16-60 2-24-60 3-26-60 8-26-60 15.0 20.0 G-16240

I The stated effective dates are those requested by Respondents or the first day after expiration of the required 30 days' notice, whichever is later. I The pressure base is 14.65 psia. 'high pressure gas rates are in effect subject to refund in Docket Nos. 0-18555 and G-16479 and suspended in Docket No. G-20531. Wednesday, March 30, 1960 FEDERAL REGISTER 2687

In support of their increased rates, rates and charges contained in the in the State of Florida a production dis- Harper, Hunt, Simmons, and Westlund above-designated supplements. aster has caused a need for agricultural state that the amendatory agreements (B) Pending hearings and decisions credit not readily available from com- were negotiated at arm's length, and that thereon, each of the above-designated mercial banks, cooperative lending agen- in consideration of the higher rates, the supplements is hereby suspended and cies, or other responsible sources. sellers agreed to eliminate favored- the use thereof deferred until the date FLORIDA nation clauses from their contracts. indicated in the above "Rate Suspended Westlund also cites the rates for sales Until" column, and thereafter until such Brevard. Osceola. to Transwestern Pipe Line Company that further time as they are made effective Hernando. Fasco. Hillsborough. Pinellas. were certificated by Commission Opinion in the manner prescribed by the Natural Indian River. Polk. No. 328. Hunt additionally states that its Gas Act. Lake. Seminole. amendatory agreement extends the con- (C) Neither the supplements hereby Orange. Sumter. tract term for 20 years from January 1, suspended, nor the rate schedules sought 1960, in lieu of the former term of 20 to be altered thereby, shall be changed Pursuant to the authority set forth years from the date initial delivery under until these proceedings have been dis- above, production emergency loans will Hunt's contract dated September 4, 1956. posed of or until the periods of suspen- not be made in the above-named counties In support of its proposed increase, sion have expired, unless otherwise after December 31, 1960, except to ap- Phillips states that Phillips' Exhibit No. ordered by the Commission. plicants who previously received such 324 received in evidence in Docket Nos. (D) Notices of intervention or peti- assistance and who can qualify under G-1148, et. al., shows that the price for tions to intervene may be filed with the established policies and procedures. the subject gas should be 18.5 cents per Federal Power Commission, Washington Done at Washington, D.C., this 25th Mcf on a cost basis; the proposed rates 25, D.C., in accordance with the rules of day of March 1960. are comparable to and are based upon practice and procedure (18 CFR 1.8 or TRUE D. MORSE, the current market price for gas in the 1.37(f)) on or before May 6, 1960. Acting Secretary. area; and the increased rates are neces- By the Commission. Commissioner [F.R. Doc. 60-2889; Filed, Mar. 29, 1960; sary to encourage search for new re- 8:51 a.m.] serves. Kline dissenting. In support, Texas Gulf states that its '[SEAL] JOSEPH H. GUTRIDE, proposed favored nation increases are in Secretary. accordance with contractual provisions; [F.R. Doc. 60-2857; Filed, Mar. 29, 1960: DEPARTMENT OF COMMERCE the contracts were negotiated at arm's 8:47 a.m.] length; and the proposed rates are less Bureau of Foreign Commerce than the going price for gas in the area. Helmerich & Payne states that its pro- ALLAN PORJE ET AL. posed rate was established by an arbitra- DEPARTMENT OF AGRICULTURE Order Denying Export Privileges for tion board and is based upon substantial an Indefinite Period evidence of the prices currently being Office of the Secretary arrived at for competitive sales in the ARKANSAS In the matter of Allan Porje, individu- same area; and the costs of labor, struc- ally and as operator of Chirana Ltd., tural steel, casing and tubular goods have Designation of Area for Production Centrotex Ltd., Kovo Ltd., St. Eriksgatan been steadily increasing. Emergency Loans 69, Stockholm, Sweden, respondent; File In support of her redetermined rate 23-548. increase, Mrs. Kelly states that there For the purpose of making production There is pending an investigation con- has been no change in*rate under her emergency loans pursuant to section 2 (a) cerning what apears to be an unauthor- rate schedule since July 1, 1959, and that of Public Law 38, 81st Congress (12 ized diversion of electronic materials the proposed rate is well below, the maxi- U.S.C. 1148a-2(a)), as amended, it has exported from the United States. The mums being paid for gas in the same been determined that in the following Director of the Investigation Staff, area. counties in the State of Arkansas a pro- Bureau of Foreign Commerce, has ap- In support of its proposed periodic duction disaster has caused a need for plied for an order denying to Allan Porje, increase, Cox states that the pricing agricultural credit not readily available individually and as operator of Chirana provisions of the contract collectively from commercial banks, cooperative Ltd., Centrotex Ltd., and Kovo Ltd., all represent the negotiated contract price; lending agencies, or other responsible export privileges for an indefinite period the subject rate filing is an integral part. sources. because of his failure and refusal to re- of the initial rate filing; and such pric- ARKANSAS spond to written interrogatories duly ing arrangement is common in long Boone. Newton. served on him. The application was made pursuant to § 382.15 of the Export term contracts and is economically de- Pursuant to the authority set forth sirable to the buyer, the seller and the Regulations (Title 15, Chapter III, Sub- above, production emergency loans will chapter B, CFR) and, in accordance with public. not be made in the above-named counties The proposed changes may be unjust, the practice thereunder, was referred to after June 36, 1960, except to applicants the Compliance Commissioner of the unreasonable, unduly. discriminatory, or who previously received such assistance preferential, or otherwise unlawful. Bureau of Foreign Commerce who, after and who can qualify under established considering evidence in support thereof, The Commission finds: It is necessary policies and procedures. and proper in the public interest and has recommended that it be granted. to aid in the enforcement of the provi- Done at Washington, D.C., this 24th The evidence submitted in support of sions of the Natural Gas Act that the day of March 1960. the application shows that electronic ma- Commission enter upon hearings con- TRUE D. MORSE, terials exported from the United States cerning the lawfulness of the several Acting Secretary. for delivery to a purchaser in Sweden proposed changes and that the above- might have been diverted to an unau- designated supplements be suspended [F.R. Doc. 60-2888; Filed, Mar. 29, 1960; thorized person for delivery to a Soviet.; and the use thereof deferred as herein- 8:51 a.m.] bloc country. Relevant and material in- after ordered. terrogatories concerning the participa- The Commission orders: FLORIDA tion of the respondent in the transaction (A) Pursuant to the authority of the and the disposition of the goods involved Natural Gas Act, particularly sections Designation of Area for Production were duly served on him, but he has failed 4 and 15 thereof, the Commission's rules Emergency Loans and omitted to answer the same and has of practice and procedure, and the reg- failed to give any explanation for his ulations under the Natural Gas Act (18 For the purpose of making production failure so to do. Such failure and omis- CFR Ch. I), public hearings shall be emergency loans pursuant to section 2 (a) sion to answer the interrogatories has held upon dates to be fixed by notices of Public Law 38, 81st Congress (12 U.S.C. impaired and impeded the investigation from the Secretary concerning the law- 1148a-2 (a)), as amended, it has been de- by the Bureau of Foreign Commerce into fulness of the several proposed increased termined that In the following counties the ultimate disposition of said materials 2688 NOTICES

and the manner in which it was service or participate in an exportation Department (22 F.R. 1050; as amended accomplished. from the United States, or in a re- by 22 F.R. 6657) is further amended as Having concluded that this order is exportation of any commodity exported follows: the 01 reasonable and necessary to protect from the United States; nor shall any 1. Section 8.10, insofar as it relates to public interest and to achieve effective person do any of the foregoing acts with the Office of the Commissioner, is enforcement of the Export Control Act respect to any exportation as to which amended to read as follows: of' 1949, as amended: It is hereby or- the respondent may have any interest Office of the Commissioner: , dered: or obtain any benefit of any kind or Division of Program Research. I. All outstanding validated export nature, direct or indirect. Office of Hearings and Appeals: licenses in which the respondent appears VI. In accordance with the provisions Appeals Council. or participates as purchaser, intermedi- of § 382.11(c) of the Export Regulations, Operations Division. ate or ultimate consignee, or otherwise, the respondent may move, at any time Program Division. are hereby revoked and the holders prior to the cancellation or termination Division of the Actuary. thereof are hereby directed to return hereof, to vocate or modify this indef- Dated: March 23, 1960. them forthwith to the Bureau of Foreign inite denial order by filing an appropri- Commerce for cancellation; ate application therefor, supported by [SEAL] ARTHUR S. FLEMMING, II. The respondent, his associates, evidence, with the Compliance Commis- Secretary. agents, companies, firms, and employees, hereof, to vacate or modify this indef- .[P.R. Doc. 60-2865; Filed, Mar. 29, 1960; are hereby denied all privileges of par- thereon, which, if requested, will be held 8:49 a.m.] ticipating directly or indirectly in any before the Compliance Commissioner at manner, form, or capacity in any past, Washington, D.C., at the earliest con- present, or future exportation of any venient date. commodity or technical data from the Dated: March 24, 1960. INTERSTATE COMMERCE United States to any foreign destination, including Canada. Without limitation JOHN C. BORTON, COMMISSION of the generality of the foregoing, par- Director,Office of Export Supply. [Notice 3.61 ticipation in an exportation shall include [F.R. Doc. 60-2844; Filed, Mar. 29, 1960; and prohibit said respondent's and such 8:45 a.m.] MOTOR CARRIER APPLICATIONS AND other persons' and firms' participation CRTAIN OTHER PROCEEDINGS (a) as parties or as representatives of a party to any validated export license Federal Maritime Board MARCH 25, 1960. application; (b) in the using of any ex- [Docket No. S-106] The folldwing publications are gov- port control document; (c) in the receiv- erned by the Interstate Commerce Com- ing, ordering, buying, selling, using, or MOORE-McCORMACK LINES, INC. mission's general rules of practice in- disposing in any foreign cluding special rules (49 CFR 1.241) country of any Hearing on Application To Serve commodities in whole or in part exported governing notice of filing of applications -from the United States; and (d) in the Certain Ports by motor carriers of property or passen- financing, forwarding, transporting, or Moore-McCormack Lines, Inc., appli- gers or brokers under sections 206, 209 other servicing of exports from the cation to serve ports on Trade Route No. and 211 of the Interstate Commerce Act United States; 8 and ports in the London/Southampton and certain other proceedings with re- III. This denial of export privileges Range on Trade Route No. 5 with ships spect thereto. shall apply not only to the respondent, operating on its American Scantic Line. All hearings will be called at 9:30 but also, to the extent necessary to pre- (Trade Route No. 6.) o'clock a.m., United States standard time vent evasion, to any person, firm, cor- Notice of application as stated above (or 9:30 o'clock a.m., local daylight sav- poration, or business organization with appeared in the FEDERAL REGISTER issue ing time), unless otherwise specified. which he now or hereafter may be re- of February 9, 1960 (25 F.R. 1150). APPLICATIONS ASSIGNED FOR ORAL HEAR- lated by ownership, control, position of On March 17, 1960, the Federal Mari- ING OR PRE-HEARING CONFERENCE responsibility, or other connection in time Board, at the request of interested the conduct of trade involving exports parties, authorized and directed its MOTOR CARRIERS OF PROPERTY from the United States or services con- Hearing Examiners' Office to conduct a No. MC 4405 (Sub No. 350), filed Feb- nected therewith; hearing on said application under § 605 IV. This order shall remain in effect ruary 29, 1960. Applicant: DEALERS (c), Merchant Marine Act, 1936, as TRANSIT, INC., 12601 South Torrance until the respondent satisfactorily an- amended, in accordance with the swers or furnishes Avenue, Chicago 33, Ill.Applicant's at- written information Board's rules of practice and procedure. or documents in response torney: James W. Wrape, Sterick Build- to the inter- Any person, firm, or corporation desir- rogatories heretofore served on him or ing, Memphis, Tenn. Authority sought ing to participate in said hearing gives adequate reason for his failure or should to operate as a common carrier, by motor file promptly petition for leave to inter- refusal to respond, except insofar as it vehicle, over irregular routes, transport- may be amended or modified hereafter vene. ing: Trailers, Semi-Trailers, Trailer in accordance with the Export Regula- Dated: March 25, 1960. Chassis and Semi-Trailer Chassis, other tions; than those designed to be drawn by pas- By order of the Federal Maritime senger automobiles, in initial movements, V. Without prior disclosure of the Board. facts to and specific authorization from in truckaway service, from points in JAMES L. PIMPER, Richmond County, Ga., and points in the Bureau of Foreign Commerce, no per- Secretary. son, firm, corporation, or other business that part of the Commercial Zone of organization, within the United States or [F.R. Doc. 60-2870; Filed, Mar. 29, 1960; Augusta, Ga., located in South Carolina, elsewhere (whether or not engaged in 8:50 a.m.], as determined by the Commission in Ex trade relating to exports from the United Parte MC-37, to all points in the United States), acting on behalf of or in asso- States, including Alaska, but excluding ciation with the respondent, any of his DEPARTMENT Hawaii, and rejected, damaged, or de- firms, or any person or firm associated OF HEALTH, EDU- fective shipments of the commodities with him, shall directly or indirectly in specified, on return. .CATION, AND WELFARE HEARING: May 19, 1960, any manner, form, or capacity (a) apply in Room 712, Federal Building, Cincinnati, Ohio, be- for, obtain, transfer, or use any license, Social Security Administration fore Examiner Warren C. White. shipper's export declaration, bill of lad- STATEMENT OF ORGANIZATION AND No. MC 15852 (Sub No. 10), filed ing, or other export control document DELEGATIONS OF AUTHORITY March 17, 1960. Applicant: FORBES relating to any exportation of commodi- TRUCKING CO., INC., 10 Morton Street, Office of the ties from the United States, or (b) order, Commissioner P.O. Box 98, Carlton Hill, N.J. Author- receive, buy, sell, deliver, use, dispose of, Part 8 of the Statement of Organiza- ity sought to operate as a common finance, transport, forward, or otherwise tion and Delegations of Authority of the carrier, by motor vericle, over irregular Wednesday, March 30, 1960 FEDERAL REGISTER 2689 routes, transporting: Dry commodities, HEARING: June 10, 1960, at the U.S. and gypsum articles, plasterboard joint in bulk (except sand, gravel, cement, Court Rooms and Federal Building, system, nails, clips, wedges, wire fasten- coal and coke), between points in Con- Spiingfield, Ill., before Examiner Mau- ers and channels, not to exceed 1 percent necticut, Delaware, District of Columbia, rice S. Bush. of the total weight, from Akron, N.Y., to Illinois, Indiana, Iowa, Kentucky, Maine, No. MC 34837 (Sub No. 11), filed points in Delaware, and rejected mate- Maryland, Massachusetts, Michigan, March 15, 1960. Applicant: RELIABLE rials, and empty containers or 'other such Minnesota, Missouri, New Hampshire, TRANSPORT, INCORPORATED, U.S. incidental facilitis (not specified) used New Jersey, New York, Pennsylvania, 1 North, Raleigh, N.C. Applicant's at- in transporting the above-described Ohio, Rhode Island, Vermont, Virginia, torney: James E. Wilson, Perpetual commodities on return. West Virginia, and Wisconsin. Building, 1111 E Street NW., Washing- HEARING: May 9, 1960, at the Penn- HEARING: April 18, 1960, at the of- ton 4, D.C. Authority sought to oper- sylvania Public Utility Commission, fices of the Interstate Commerce Com- ate as a common carrier, by motor ve- Harrisburg, Pennsylvania, before Exam- mission, Washington, D.C., before hicle, irregular routes, transporting: iner Robert A. Joyner. Examiner James A. McKiel. Petroleum gasoline, from Richmond, No. MC 55037 (Sub No. 8), filed March No. MC 21684 (Sub No. 17), filed Feb- Va., to points in North Carolina on and 7, 1960. Applicant: DEARMIN TRANS- ruary 29, 1960. Applicant: CHARLES west of U.S. Highway 21 and those in FER, INC., Highway 61, Wapello, Iowa. E. DANBURY, INC., P.O. Box 97, Wil- South Carolina on and west and north Applicant's representative: William A. liamsburg, Ohio. Applicant's attorney: of U.S. Highway 1. Landau, 1307 East Walnut, Des Moines Jack B. Josselson, Atlas Bank Building, HEARING: May 3, 1960, at the U.S. 16, Iowa. Authority sought to operate Cincinnati 2, Ohio. Authority sought to Court Rooms, Uptown Post Office Build- as a common carrier, by motor vehicle, operate as a contract carrier, by motor ing, Raleigh, N.C., before Examiner over irregular routes, transporting: Fer- vehicle, over irregular routes, transport- Robert R. Boyd. tiliier and -feed, from Chicago and ing.: Trailers, other than those designed No. MC 39443 (Sub No. 10), filed Sep- Peoria, Ill., and St. Louis, Mo., to points to be drawn by passenger automobiles, tember 24, 1959. Applicant: RAY E. in Davis, Des Moines, Henry, Keokuk, trailer chassis, and accessories and THOMPSON & SONS, INC., 4800 Broad- Lee, Louisa, Nuscatine, Van Buren, Wap- equipment therefor, in or attached to the way, Quincy, Ill. Applicant's attorney: pello, and Washington Counties, Iowa. transported trailers, in initial move- Mack Stephenson, 208 East Adams HEARING: June 23, 1960, in Room ments, in truckaway service, from points Street, Springfield, Ill. Authority 401, Old Federal Office Building, Fifth in Richmond County, Ga., and points in sought to operate as a common carrier, and Court Avenues, Des Moines, Iowa, the Commercial Zone of Augusta, Ga., lo- by motor vehicle, over irregular routes, before Examiner Maurice S. Bush. cated in South Carolina, as determined transporting: (1) Fertilizer, except in No. 82101 (Sub No. 2), filed March 22, by the Commission in Ex Parte MC-37 bulk, from East St. Louis, Ill., to points 1960. Applicant: WESTWOOD CART- to all points in the United States except in Missouri; (2) Fertilizer,from Fulton, AGE, INC., Route 1, Westwood, Mass. Hawaii. Ill., to points in Missouri; and (3) Fer- Applicant's attorney: Francis E. Barrett, HEARING: May 19, 1960, in Room 712 tilizer, except in bulk, from Fulton, Ill., Jr., 7 Water Street; Boston 9, Mass. Au- Federal Building, Cincinnati, Ohio, be- to points in Iowa and Wisconsin. Ap- thority sought to operate as a contract fore Examiner Warren C. White. plicant is authorized to conduct opera- carrier,by motor vehicle, over irregular No. MC 25798 (Sub No. 33), filed tions in Illinois, Missouri, Wisconsin, routes, transporting: Such Merchandise, March 3, 1960. Applicant: CLAY Iowa, Indiana, Tennessee, and Nebraska. as is dealt in by wholesale, retail and HYDER TRUCKING LINES, INC., HEARING: June 8, 1960, at the U.S. chain grocery and food business houses, Chimney Rock Highway, Henderson- Court Rooms and Federal Building, and in connection therewith, equipment, ville, N.C. Applicant's attorney: Chester Springfield, Illinois, before Examiner materials and supplies used in the con- E. King, 1507 M Street NW., Washing- Maurice S. Bush. duct of such business (except commodi- ton 5, D.C. Authority sought to operate No. MC 40428 (Sub No. 8) (REPUBLI- ties in bulk in tank trucks), from Boston, as a common carrier, by motor vehicle, CATION) filed December 1, 1959; pub- Mass., to points in Westchester County, over irregular routes, transporting: lished in the FEDERAL REGISTER, issue of N.Y., and those in Maine, New Hamp- Meats, meat products and meat by- December 16, 1959. Applicant: CROSS shire, Vermont, Rhode Island, and Con- products, dairy products and articles dis- TRANSPORTATION, INC., Carll's Cor- necticut (duplication with existing tributed by meat packing houses as ners, P.O. Box R.D. No. 5, Bridgeton, authority to be eliminated), under a defined in Sections A, B, and C of Ap- N.J. Applicant's representative: Bert continuing contract with Stop & Shop, pendix 1 to the report in 61 MCC 209 and Collins, 140 Cedar Street, New York 6, Inc., and returnedor damaged shipments 766, from South St. Paul, Minn. to points N.Y. Authority sought to operate as a of the commodities specified above, on in Virginia. common carrier, by motor vehicle, over return trips. HEARING: June 15, 1960, in Room irregular routes, transporting: Plastic HEARING: April 12, 1960, at the New 852, U.S. Custom House, 610 South containers, glass containers, carboys, Post Office and Court House Building, Canal Street, Chicago, Illinois, before demijohns, or jars, bottles, packing Boston, Mass., before Examiner Alton R. Examiner Maurice S. Bush. glasses, caps, covers, stoppers, closures Smith. No. MC 30518 (Sub-No. 3) filed or tops, boxes, paper fiberboard or pulp- No. MC 92983 (Sub No. 373), filed March 1, 1960. Applicant: CARLOS A. board in sheets or rolls, fiberboard, liners March 7, 1960. Applicant: ELDON MIL- STILWELL, doing business as STIL- or fillers, in package containers or on LER, doing business as ELDON MILLER, WELL TRUCK SERVICE, Detroit,' Ill. pallets, from Glassboro and Bridgeton, INC., 330 East Washington, Iowa City, Applicant's attorney: Grover C. Hoff, N.J., to points in New Hampshire, Ver- Iowa. Authority sought to operate as a 408 Ridgely Building, Springfield, Ill. mont, and Maine, and empty containers common carrier, by motor vehicle, over Authority sought to operate as a con- or other such incidental facilities, and irregular routes, transporting: Petroleum tract carrier, by motor vehicle, over rejected and damaged shipments of the and petroleum products, in bulk, in tank irregular routes, transporting: Whey, commodities specified in this application vehicles, from points in Blackhawk rough dried or "popcorn", in containers on return. County, Iowa to Illinois, Minnesota, and or in bulk; Whey, dried, ground, in con- HEARING: May 10, 1960, at 346 Wisconsin. tainers or in bulk; Milk, skim, dried, in Broadway, New York, N.Y., before Ex- HEARING: May 16, 1960, at the Ran- containers or in bulk; prepared animal aminer William E. Messer. dolph Hotel, Des Moines, Iowa, before or poultry feed, and ingredients for No. MC 41915 (Sub No. 22), filed Feb- Examiner Garland E. Taylor. such feed; and, machinery, machinery ruary 15, 1960. Applicant: MILLER'S No. MC 95540 (Sub No. 310) Filed parts, equipment and supplies; for Mid- MOTOR FREIGHT, INC., Zinn's Quarry August 17, 1959. Applicant: WATKINS west Dried Milk Co., between the plants Rd., York, Pa. Applicant's attorney: MOTOR ILNES, INC., P.O. Box 785, Norman T. Petow, 43 North Duke Street, Cassidy Road, Thomasville, Ga. Appli- of Midwest Dried Milk Co., at Pittsfield York, Pa. Authority sought to operate cant's attorney: Joseph H. Blackshear, and Dundee, Ill., on the one hand, and as a common carrier, by motor vehicle, Gainesville, Ga. Authority sought to on the other, points in Indiana, Iowa, over irregular routes, transporting: operate as a common carrier, by motor Minnesota, Missouri, Ohio, Wisconsin, Plaster, gypsum, lime, plaster retarder vehicle, over irregular routes, transport- Kentucky, and Tennessee. and plaster accelerator, plaster articles ing: Meats, meat products, meat by- No. 62-5 2690 NOTICES

products and articles distributed by meat of all evidence of record, the Joint board HEARING: April 18, 1960, at the Of- packing houses, as described in Appendix finds that the present and future public fices of the Interstate Commerce Com- I to the report in Descriptions in Motor convenience and necessity require oper- mission, Washington, D.C., before Ex- Carrier Certificates, 61 M.C.C. 209, 272, ation by applicant as a common carrier aminer James A. McKiel. 273, from Alton, Taylorville, and Spring- by motor vehicle, in interstate or for- No. MC 107295 (Sub No. 68), filed De- field, Ill., to points in Alabama, Florida, eign commerce, of exposed and processed cember 21, 1959. Applicant: PRE-FAB Georgia, Mississippi, South Carolina, and photographic film, other than for com- TRANSIT CO., a corporation, Farmer those in that part of Louisiana on and mercial theater or television exhibition, City, Ill. Applicant's attorney: Mack east of the Mississippi River, including and together therewith, incidental sup- Stephenson, 208 East Adams Street, the Commercial Zones of Baton Rouge, plies used in and for shipping said film, Springfield, Ill. Authority sought to op- and New Orleans, La. Applicant is au- between Boston, Mass., on the one hand, erate as a common carrier, by motor thorized to conduct operations in Ala- and, on the other, points in Rocking- vehicle, over irregular routes, transport- bama, Arkansas, California, Connecticut, ham, Merrimack, Hillsboro, and Straf- ing: Lumber, shingles and shakes, from Delaware, Florida, Georgia, Illinois, In- ford Counties, N.H., and points in points in Washington, Oregon, Montana, diana, Iowa, Kansas, Kentucky, Louisi- Massachusetts on and east of Massa- and Idaho, to points in Illinois, Indiana, ana, Maryland, Massachusetts, Michigan, chusetts Highway 12, subject to the con- Ohio, and Iowa. Applicant is authorized Minnesota, Mississippi, Missouri, Ne- dition that the application be repub- to conduct operations throughout the braska, New Jersey, New Mexico, New lished in the FEDERAL REGISTER showing United States. York, North Carolina, Ohio, Oklahoma, the additional authority sought in Straf- HEARING: June 9, 1960, at the U.S. Pennsylvania, Rhode Island, South Caro- ford County, N.H. Any person or persons Court Rooms and Federal Building, lina, Tennessee, Texas, Virginia, West who may have been prejudiced by the Springfield, Ill., before Examiner Virginia, Wisconsin, and the District of allowance of the additional territory Maurice S. Bush. Columbia. may, within 30 days of this republica- No. MC 107299 (Sub No. 7), filed March NoTE: Common control may be Involved. tion in the FEDERAL REGISTER, file an 7, 1960. Applicant: ROBERTS CART- appropriate pleading. AGE COMPANY, a corporation, 1719 HEARING: June 7, 1960, at the U.S. No. MC 98952 (Sub No. 8), filed Sep- West 25th Street, Chicago 9, Ill. Appli- Court Rooms and Federal Building, tember 24, 1959. Applicant: M. W. cant's attorney: Joseph M. Scanlan, 111 Springfield, Ill., before Examiner Maurice CROSBY AND C. E. MAXEY, a partner- West Washington Street, Chicago 2, Ill. S. Bush. ship, doing business as GENERAL Authority sought to operate as a common No. MC 96902 (Sub No. 2), REPUB- TRANSFER CO., 2800 North Main Street, carrier, by motor vehicle, over irregular LICATION), filed November 27, 1959, Decatur, Ill. Authority sought to oper- routes, transporting: Laboratory fixtures published in the FEDERAL REGISTER, issue ate as a common carrier, by motor and equipment, and empty containersor of January 13, 1960. Applicant: CEN- vehicle, over Irregular routes, transport- other such incidental facilities, used in TRAL EXPRESS, INC., 1071 Canton ing: Agricultural machinery, agricul- transporting the commodities specified, Avenue, Milton, Mass. Applicant's at- tural implements, and parts thereof, on between Chicago, Ill., and points in the torney: Francis E. Barrett, Jr., 7 Water flatbed equipment, from Springfield, Ill. United States except Connecticut, In- Street, Boston 9, Mass. By application to St. Louis, Mo., and points in Adair, diana, Iowa, Kentucky, Massachusetts, filed November 27, 1959, Central Express, Knox, Lewis, Macon, Shelby, Marion, Michigan, Minnesota, Nebraska, New Inc., sought a certificate of public con- Randolph, Monroe, Rails, Boone, York, Ohio, Pennsylvania, West Virginia, venience and necessity authorizing Audrian, Pike, Callaway, Montgomery, Wisconsin, Alaska, and Hawaii. operation, in interstate or foreign com- Lincoln, Warren, St. Charles, Cole, HEARING: June 14, 1960, in Room 852, merce, as a common carrier, by motor Osage, Gasconade, Franklin, St. Louis, U.S. Custom House, 610 South Canal vehicle, of exposed and processed photo- Jefferson, Miller, Maries, Pulaski, Phelps, Street, Chicago, Ill., boefore Examiner graphic film, other than for commercial Crawford, Washington, St. Francois, Ste. Maurice S. Bush. theater or television exhibition, and, to- Genevieve, Texas, Dent, Iron, Shannon, No. MC 107304 (Sub No. 7), filed Janu- gether therewith, incidental supplies Reynolds, Madison, Perry, Bollinger, ary 15, 1960. Applicant: TRANSWAY, used in and for shipping said film, be- Cape Girardeau, Howell, Oregon, Carter, INC., 235 South Genois Street, New tween Boston, Mass., on the one hand, and Wayne Counties, Mo. Applicant is Orleans, La. Applicant's attorney: and, on the other, points in Rockingham, authorized to conduct operations in In- James W. Wrape, 2111 Sterick Building, Merrimack, and Hillsboro Counties, N.H., diana, Illinois, and Kentucky. Memphis 3, Tenn. Authority sought to and points in Massachusetts on and east HEARING: June 9, 1960, at the U.S. operate as a common carrier, by motor of Massachusetts Highway 12. Due to Court Rooms and Federal Building, vehicle, over irregular routes, trans- an oversight on the part of the support- Springfield, Ill., before Joint Board No. porting: General commodities, including ing shipper in specifying the destina- 13, or, if the Joint Board waives its right those of unusual value, but excluding tions to which it desires service, the to participate, before Examiner Maurice Classes A and B explosives, household application as filed and published in the S. Bush. goods as defined by the Commission, FEDERAL REGISTER failed to include points No. MC 104675 (Sub No. 11), filed commodities in bulk, and livestock; sub- in Strafford County, N.H. The error March 14, 1960. Applicant: FRONTIER ject to the restriction and condition that was discovered a short time prior to the DELIVERY, INC., 620 Elk Street, Buffalo no service shall be rendered in the trans- hearing and at the hearing applicant's 10, N.Y. Applicant's attorney: Thomas portation of packages or articles weigh- counsel sought to amend the applica- J. Runfola, 631 Niagara Street, Buffalo, ing in the aggregate more than 100 tion to include Strafford County. In N.Y. Authority sought to operate as a pounds from one consignor at one loca- accordance with § 1.241(a) of the Com- tion to one consignee at one location on mission's special rules of practice, the common carrier, by motor vehicle, over irregular routes, transporting: any one day, between New Orleans, La., board refused to allow the amendment. Dry on the one hand, and, on the other, -Under the circumstances, however, spe- commodities, in bulk (except sand, points on and within a boundary line be- cifically the lack of opposition and the gravel, cement, coal and coke), and ginning at the Gulf of Mexico at the location of Strafford County in relation damaged, refused and rejected ship- Louisiana-Texas State line and extend- to the other destinations sought, the ments, and empty containers or other ing northwardly along the Louisiana- board allowed applicant to submit evi- such incidental facilities (not specified) Texas State line to the Arkansas-Louisi- dence regarding that county. IMore- used in transporting the above-described ana State line, thence northwardly along over, in view of its findings on the issue commodities, between points in Maine, the Arkansas-Texas State line to and of public convenience and necessity, the Vermont, New Hampshire, Massachu- including the town of Texarkana, thence board considers it appropriate to in- setts, Rhode Island, Connecticut, New southeastwardly along U.S. Highway 82 elude Strafford County in the authority York, New Jersey, Pennsylvania, Dela- to Strong, Ark., thence southeastwardly granted subject to the condition that ware, Maryland, Virginia, West Virginia, along Arkansas Highway 129 to the the application be republished in the Arkansas-Louisiana State line, thence Kentucky, Ohio, Michigan, Indiana, eastwardly along the Arkansas-Louisiana FEDERAL REGISTER and thlat no objection Illinois, Iowa, Minesota, Wisconsin, Mis- State line to the Mississippi State line, thereto Is made within the prescribed souri, Tennessee, and the District of thence northwardly along the Arkansas- period. Accordingly, upon consideration Columbia. Mississippi State line to junction U.S. Wednesday, March 30, 196E FEDERAL REGISTER 2691

Highway 82, thence eastwardly along igan, Minnesota, Ohio, West Virginia, malt syrup, In bulk, in tank vehicles, U.S. Highway 82 to the Alabama-Missis- and Wisconsin, those in that portion of from Pekin, Ill., to points in Indiana, sippi State line, thence northwardly Nebraska on and east of U.S. Highway Iowa, Wisconsin, Minnesota, Missouri, along the Mississippi-Alabama State 77 extending from South Sioux City to Michigan, Kentucky, Tennessee, and line to junction U.S. Highway 278 (or the Nebraska-Kansas State line, those Oklahoma. Alabama Highway 118), thence east- In that portion of Pennsylvania on and HEARING: June 13, 1960, in Room wardly along U.S. Highway 278 to Guin, west of U.S. Highway 219, and those in 852, U.S. Custom House, 610 South Canal Ala., thence southwardly along U.S. that portion of New York on and west Street, Chicago, Ill., before Examiner Highways 278 and 43 to Winfield, Ala., of New York Highway 14. Also filed Maurice S. Bush. thence continue southwardly along U.S. with this application is a Petition of No. MC 110988 (Sub No. 65), filed Feb- Highway 43 to Tuscaloosa, Ala., thence Midwest Transfer Company of Illinois ruary 17, 1960. Applicant: KAMPO southwardly along Alabama Highway 69 for Clarification of its Permits, Nos. MC- TRANSIT, INC., 200 West Cecil Street, to Grennsboro, Ala., thence southwardly 107640, MC-107640 (Sub No. 6) and MC- Neenah, Wis. Authority sought to op- along Alabama Highway 61 to Union- 107640 (Sub No. 27). erate as a common carrier, by motor town, Ala., thence eastwardly along U.S. NOTE: Applicant states it now holds au- vehicle, over irregular routes, transport- Highway 80 to junction Alabama High- thorities, among others, to transport "Pipe, ing: Liquid adhesive, in bulk, in tank way 5, thence southwardly along Ala- cement, containing asbestos fibre" as a part vehicles, from Meredosia, Ill., to Balfour, bama Highway 5 to junction Alabama of a list of commodities under the descrip- N.C. Highway 28, thence southeastwardly tion of "Building, Roofing and Insulating HEARING: June 15, 1960, in Room along Alabama Highway 28 to Camden, Materials", and has engaged in the trans- 852, U.S. Custom House, 610 South Canal Ala., thence southeastwardly along Ala- portation of the considered commodities for a number of years. The purposes of the Street, Chicago, Ill., before Examiner bama Highway 10 to Luverne, Ala, thence instant application are (1) to clarify appli- Maurice S. Bush. southeastwardly along U.S. Highway 29 cant's authority to transport the commodi- No. MC 112148 (Sub No. 16), filed to Brantley, Ala., thence southeastwardly ties described above when they are to be March 7, 1960. Applicant: JAMES H. along Alabama Highways 52 or 189 to used for purposes other than "building ma- POWERS, INC., Melbourne, Iowa. Ap- Elba, Ala., thence southeastwardly along terials," and (2) to present evidence show- plicant's representative: William A. U.S. Highway 84 to Dothan, Ala., thence ing that public convenience and necessity Landau, 1307 East Walnut Street, Des southwardly along U.S. Highway 231 to require a continuation of applicant's past Moines 16, Iowa. Authority sought to the Gulf of Mexico at Panama transportation of these commodities. Com- City, Fla., mon control may be involved. Applicant operate as a common carrier, by motor including points, on the indicated por- has common carrier applications pending vehicle, over irregular routes, transport- tions of the highways specified. in Dockets No. MC 114021 and JAC 114021 ing: Canned goods and frozen foods, (1) HEARING: May 9, 1960, at the Jung Sub 6, and Section 210, dual operations, may from Lawton and Decatur, Mich., to Hotel, New Orleans, La., before Examiner be Involved. A proceeding has been insti- Rock Island, Moline, and Milan, Ill., William J. Cave. tuted under section 212(c) of the Inter- Prairie du Chien and Rice Lake, Wis., No. MC 107496 (Sub No. 156), filed state Commerce Act to determine whether and points in Iowa and Nebraska. (2) February 24, 1960. Applicant: RUAN applicant's status is that of a contract or From Lawton, Mich., to Alexandria, common carrier, assigned Docket No. MC TRANSPORT CORPORATION, 408 107640 (Sub No. 36). Bemidji, Marshall, Pipestone, and Thief Southeast 30th Street, Des Moines, Iowa. River Falls, Minn., Fargo and Grand Applicant's attorney: H. L. Fabritz HEARING: June 17, 1960, in Room Forks, N. Dak., and Sioux Falls, Mitchell, (same address as applicant). Author- 852, U.S. Custom House, 610 South Canal Huron, and Beresford, S. Dak. ity souglht to operate as a common car- Street, Chicago, Illinois, before Exam- HEARING: June 24, 1960, in Room rier, by motor vehicle, over irregular iner Maurice S. Bush. 401, Old Federal Office Building, Fifth routes, transporting: Liquefied petro- No. MC 108449 (Sub No. 100), filed and Court Avenues, Des Moines, Iowa, leum gas, in. bulk, in tank vehicles, be- March 9, 1960. Applicant: INDIAN- before Examiner Maurice S. Bush. tween points in Illinois, Iowa, Kansas, HEAD TRUCK LINE, INC., 1947 West No. MC 115181 (Sub No. 3), filed De- Minnesota, Missouri, Nebraska, North County Road C, St. Paul 13, Minn. Ap- cpmber 7, 1959. Applicant: HAROLD Dakota, South Dakota, the Upper Penin- plicant's attorney: Glenn W. Stephens, M. FELTY, Pine Grove, Pa. Applicant's sula of Michigan, and Wisconsin. 121 West Doty Street, Madison 3, Wis. attorney: Spencer R. Liverant, 11 East NOTE: Applicant states that all duplicat- Authority sought to operate as-a common Market Street, York, Pa. Authority ing authority held by it will be eliminated. carrier, by motor vehicle, over irregular sought to operate as a common carrier, Common control may be involved. routes, transporting: Liquefied petro- by motor vehicle, over irregular routes,. leum gas, in bulk, in tank vehicles, be- transporting: (1) Fertilizer, and in- HEARING: June 20, 1960, in Room tween points in Illinois, Iowa, Kansas, gredients used in making fertilizer, from 401, Old Federal Office Building, Fifth Minnesota, Missouri, Nebraska, North Baltimore, Md., to points in Scott Town- and Court avenues, Des Moines, Iowa, Dakota, South Dakota, Upper Peninsula ship, Columbia County, Pa.; (2) fer- before Examiner Maurice S. Bush. of Michigan, and Wisconsin. tilizer, from Baltimore, Md., to Hickory No. MC 107640 (Sub No. 39), filed Feb- NOTE: Applicant states all duplicating au- Corners, Pa., and points within 25 miles ruary 10, 1960. Applicant: MIDWEST thority presently held will be eliminated. of Hickory Corners; and rejected ship- TRANSFER COMPANY OF ILLINOIS, ments of the above-specified commodi- a corporation, 7000 South Pulaski Road, HEARING: June 20, 1960, in Room ties, from the above-specified destination Chicago, Ill. Applicant's attorney: 401, Old Federal Office Building, Fifth points to the respective origin points. Clarence D. Todd, 1825 Jefferson Place and Court Avenues, Des Moines, Iowa, Applicant is authorized to conduct op- NW., Washington 6, D.C. Authority before Examiner Maurice S. Bush. erations in Maryland, Pennsylvania, and sought to operate as a contract or com- No.- MC 110420 (Sub No. 252), filed the District of Columbia. mon carrier, by motor vehicle, February 23, 1960. Applicant: QUALITY over ir- NOTE: Applicant states that the purpose of regular routes, transporting: Cement CARRIERS, INC., Calumet Street, Burl- (2) above is to convert his authority under pipe, containing asbestos fibre, and fit- ington, Wis. Authority sought to oper- MC 115181 (Sub No. 1), from a regular to an *tings, and accessories therefor, (1) from ate as a common carrier, by motor irregular route operation. Waukegan, Ill., to points in Indiana, vehicle, over irregular routes, transport- Iowa, Kentucky, Michigan, Missouri, ing: (1) Liquid yeast, in bulk, in tank HEARING: May 5, 1960, at the Penn- Nebraska, Ohio, Pennsylvania, and Wis- vehicles, from Milwaukee, Wis., to Peoria sylvania Public Utility Commission, Har- consin, except Milwaukee, Racine -and Heights, Ill., (2) Liquid adhesives, in risburg, Pennsylvania, before Examiner Kenosha, and those In that portion of bulk, in tank vehicles, from Chicago, Ill., Robert A. Joyner. New York on and west of a line begin- to points in Indiana, Iowa, Wisconsin, No. MC 116205 (Sub No. 7), filed De- ning at.Point Breeze and extending along Minnesota, Missouri, Michigan, Ohio, cember 10, 1959. Applicant: BOB JEN- KINS TRUCK LINES. INC., P.O. Box New York Highway 98 to Salamanca, Kentucky, Oklahoma, and Tennessee, 430, 500 Diagonal and thence along U.S. Highway 219 to Avenue, Charles City, (3) corn syrup, and liquid sugar and Iowa. Applicant's attorney: Keith S. the New York-Pennsylvania State line. blends or mixtures thereof, in bulk, in Noah, 2041/2 North Main Street, Charles (2) From St. Louis, Mo., to points in tank vehicles, from Roby or Hammond, City, Iowa. Authority sought to operate Illinois, Indiana, Iowa, Kentucky, Mich- Ind., to points in North Dakota. and (4) as a common carrier, by motor vehicle, 2692 NOTICES

over irregular routes, transporting: above named commodities, and exempt NoTE: Applicant's attorney advises that the Tractors and attachments, except those commodities, on return. proposed transportation involves only service requiring special equipment to handle, HEARING: June 16, 1960, In Room to Petit De Grat, Nova Scotia, Canada. and except tractors designed for vehicle 852, U.S. Custom House, 610 South HEARING: Remains as assigned April beds, and farm machinery and attach- Canal Street, Chicago, Ill., before Ex- 13, 1960, at the New Post Office and Court ments, between Rock Island, Moline, and aminer Maurice S. Bush. House Building, Boston, Mass., before East Moline, Ill., on the one hand, and, No. MC 119384 (Sub No. 2), filed Feb- Joint Board No. 69, or, if the Joint Board on the other, points in Texas. Applicant ruary 12, 1960. Applicant: EDWIN L. waives its right to participate, before is authorized to conduct operations in MORTON, doing business as MORTON Examiner Alton R. Smith. Alabama, Georgia, Iowa, Louisiana, and TRUCK LINES, 101 West Willis Avenue, No. MC 119490, filed February 8, 1960. Texas. Perry, Iowa. Applicant's attorney: Applicant: ALFRED D. HESKO, doing HEARING: April 21, 1960, at the Baker Stephen Robinson, 1020 Savings & Loan business as PIONEER TRAILER CON- Hotel, Dallas, Texas, before Examiner Building, Des Moines 9, Iowa. Author- VOY, 1630 Las Vegas Boulevard North, Leo A. Riegel. ity sought to operate as a common car- North Las Vegas, Nev. Applicant's repre- No. MC 117760 (Sub. No. 1), filed Feb- rier, by motor vehicle, over irregular sentative: Pete H. Dawson, P.O. Box ruary 15, 1960. Applicant: FLOYD A. routes, transporting: 1. Sheet steel, in- 1007, 1261 Drake Avenue, Burlingame, SCHEIB TRUCKING COMPANY, R.D. cluding corrugated and galvanized sheet Calif. Authority sought to operate as a No. 2, Hegins, Pa. Applicant's attorney: steel, steel posts, rivets, steel fencing, common carrier, by motor vehicle, over Norman T. Petow, 43 North Duke Street, galvanized or not galvanized, corrugated irregular routes, transporting: New York, Pa. Authority sought to operate plating, bolts, and nuts, (a) from Koko- house trailers, in initial movements, in as a common carrier, by motor vehicle, mo, Ind., and points in Calumet and truckaway service, from Los Angeles, over irregular routes, transporting: North Townships. Lake County, Ind., Calif., to points in Clark County, Nev. Sand and gravel, from points in Cecil Muscatine, Des Moines, and Sioux City, New and used house trailers, in second- County, Md., to points In Delaware Iowa, and Pierre, S. Dak., to Duluth and ary movements, in truckaway service, be- County, Pa. McGregor, Minn., (b) from Pierre, S. tween points in Clark County, Nev., on HEARING: May 10, 1960, at the Dak., to Sioux City, Des Moines, and the one hand, and, on the other, points Pennsylvania Public Utility Commis- Muscatine, Iowa, and (c) from Duluth in Arizona and California. sion, Harrisburg, Pa., before Examiner and McGregor, Minn., to Pierre, S. Dak., HEARING: April 22, 1i060, at Room 202 Robert A. Joyner. and Sioux City, Des Moines, and Mus- State Office Building, Las Vegas, Nev., No. MC 119206 (Sub No. 3), filed catine, Iowa; and 2. Steel culvert pipe, before Joint Board No. 166, or, if the March 23, 1960. Applicant: GULF tarred, corrugated and galvanized pipe, Joint Board waives its right to partici- COAST ENTERPRISES, INC., 8888 Hempstead Highway, P.O. Box 19248, nuts, fence, posts and gates, (a) from pate, before Examiner Richard H. Des Moines and Sioux City, Iowa, and Roberts. Houston 23, Harris County, Tex. Ap- Pierre, S. Dak., to points in Minnesota, No. MC 119517, filed February 17, 1960. plicant's attorney: Joe G. Fender, Mel- North Dakota, Wisconsin, and Michigan, Applicant: GLENN B. PERKINSON, rose Building, Houston 2, Tex. Author- and (b) from Duluth and McGregor, Wise, N.C. Applicant's attorney: John ity sought to operate as a common Minn., to points in Iowa, Nebraska, Sofith Kerr, Jr., Warrenton, N.C. carrier, Authority by motor vehicle, over irregular Dakota, North Dakota, Michigan, and sought to operate as a contract carrier, routes, transporting: Shrimp, in mixed Wisconsin; and rejected or damaged by motor vehicle, over regular routes, truckload shipments with frozen fruits, shipments of the above-described com- transporting: (1) Fertilizer, from Nor- frozen berries and frozen vegetables, modities, on return. folk, Va., to Wise and Warrenton, N.C.: from points in Texas to points in Ala- HEARING: June 22, 1960, in Room from Norfolk over U.S. Highway 58 to bama, Arizona, Arkansas, California, 401, Old Federal Office Building, Fifth Franklin, Va., thence over U.S. Highway District of Columbia, Florida, Georgia, and Court Avenues, Des Moines, Iowa, 258 to Murfreesboro, N.C., thence over Illinois, Indiana, Kansas, Louisiana, before Examiner Maurice S. Bush. U.S. Highway 158 to junction U.S. High- Maryland, Michigan, Minnesota, Missis- No. MC 119453, filed January 25, 1960. way 158 Bypass, thence over U.S. High- sippi, Missouri, New Jersey, New York, Applicant: G. RICHARD MORRIS, do- way 158 Bypass to Norlina, N.C., and Ohio, Oklahoma, Oregon, Pennsylvania, ing' business as MORRIS TRANSFER, thence over U.S. Highway 1 to Wise; South Carolina, Tennessee, Texas, Vir- also 180 Canton Street, Troy, Pa. Applicant's over the above-specified routes to Mur- ginia, Washington, and Wisconsin. On attorney: Evan S. Williams, Corner Can- freesboro, N.C., and thence over U.S. return applicant proposes to transport ton and Main Streets, Troy, Pa. Au- frozen fruits, frozen berries, frozen Highway 158 to Warrenton, and return, thority sought to operate as a contract serving no intermediate points; (2) vegetables, bananas and exempt carrier, by motor vehicle, over irregular commodities. Granite, from Elberton, Ga., to Wise, routes, transporting: Hydrogen gas, N.C.: from HEARING: April 13, 1960, at the U.S. Elberton over Georgia High- from Edgewood, Md. and Niagara Falls, way 72 to the Georgia-South Carolina Court Rooms, Brownsville, Tex., before N.Y., to Towanda, Pa., and empty con- Examiner Harold P. Boss. State Line, thence over South Carolina tainers or other such incidentalfacilities, Highway 72 No. MC 119268 (Sub No. 1), filed Feb- to Chester, S.C., thence over used in transporting the above described South Carolina ruary 1, 1960. Applicant: OSBORN, Highway 9 to Cheraw, commodities, on return. S.C., INC., 124 Court Street, Gadsden, Ala. and thence over U.S. Highway 1 to HEARING: May 5, 1960, at the Penn- Wise, and return, serving no intermediate Applicant's attorney: Maurice F. Bishop, sylvania Public Utility Commission, Har- points; and (3) Marble, from Tate, Ga., 325-29 Frank Nelson Building, Birming- risburg, Pa., before Examiner Robert A. ham, Ala. Authority sought to operate to Wise, N.C.: from 'Tate over Georgia Joyner. Highway 53 to Gainesville, Ga., thence as a common carrier, by motor vehicle, No. MC 119471 (CLARIFICATION), over irregular routes, transporting: over U.S. Highway 129 to Athens, Ga., filed February 1, 1960, published in the thence over Georgia Highway 72 to El- Meats, meat products and meat by- FEDERAL REGISTER, issue of March 9, 1960. products,dairy products, articlesdistrib- berton, Ga., thence over Georgia High- Applicant: FRANKLIN H. EATON, 27 way 72 to the uted by meat-packing houses and such Georgia-South Carolina Chapel Street, Calais, Maine. Appli- State Line, thence over South Carolinao commodities as are used by meat packers cant's atorney: Mary E. Kelley, 10 Tre- in the conduct of their business when Highway 72 to Chester, S.C., thence over mont Street, Boston 8, Mass. Authority South Carolina Highway 9 to Cheraw, destined to and for use by meat packers sought to operate as a common carrier, as described in Appendix I, Descriptions S.C., and thence over U.S. Highway 1 to by motor vehicle over irregular routes, Wise, of Motor Carrier Certificates, and return, serving no intermedi- 61 M.C.C. transporting: Fish, commodities used or ate points. 272, from points in Minnesota, Iowa, useful in the processing and packing of Missouri, and Wisconsin, to points in Nor: Applicant states It proposed to go fish, and fishing boat machine parts, from Wise, N.C. empty to destinatlon, and Mississippi, Alabama, Tennessee, Geor- supplies and equipment, between Boston return with load of specified commodity. gia, Florida, North Carolina, and South and Gloucester, Mass., and the port of HEARING: May 3, 1960, at the U.S. Carolina and Louisiana, and empty con- entry on the International Boundary tainers or other such incidentalfacilities Court Rooms, Uptown Post Office Build- Line between the United States and ing, Raleigh, N.C., before (not specified) used in transporting the Examiner Canada at or near Calais, Maine. Robert R. Boyd. Wednesday, March 30, 1960 FEDERAL REGISTER 2693

No. MC 119527, filed February 23, 1960. ,SERVICE COORDINATED TRANS- intermediate points, as an alternate Applicant: LEE GRAHAM, doing busi- PORT, a corporation, 180 Boyden Ave- route for operating convenience only. ness as LOCK HAVEN TRANSFER, 380 nue, Maplewood, N.J. Applicant's at- No. MC 2202 (Sub No. 184), filed Irvin Street, Lock Haven, Pa. Appli- torney: Richard Fryling, Law Depart- March 18, 1960. Applicant: ROADWAY cant's representative: John W. Frame, ment (same address as applicant). Au- EXPRESS, INC., 147 Park Street, Akron, 603 No. Front Street, Harrisburg, Pa. thority sought to operate as a common Ohio. Applicant's attorney: William 0. Authority sought to operate as a contract carrier, by motor vehicle, over a regular Turney, 2001 Massachusetts Avenue NW., carrier, by motor vehicle, over irregular route, transporting: Passengers and Washington 6, D.C. Authority sought to routes, transporting: Paper and paper their baggage, and express and news- operate as a common carrier, by motor products, from Castanea and Lock papers, in the same vehicle with pas- vehicle, over regular routes, transport- Haven, Pa., to points in Connecticut, sengers, between Rahway, N.J., and ing: General commodities, except those Delaware, District of Columbia, Illinois, Carteret, N.J., from junction Hart Street of unusual value, Classes A and B ex- Indiana, Maryland, Massachusetts, and Randolph Avenue, in Rahway, over plosives, livestock, household goods as Michigan, New Jersey, New York, North Randolph Avenue to Blazing Star Road defined by the Commission, commodities Carolina, Ohio, Rhode Island, South through Woodbridge, N.J., to Roosevelt in bulk and those requiring special equip- Carolina, Virginia, and West Virginia, Avenue, in Carteret, thence over access ment, between junction U.S. Alternate and empty containers,pallets, skids, sup- roads leading to and from the New Jer- 20 and Ohio Highway 2, west of Maumee, plies and articlesused in connection with sey Turnpike at Interchange No. 12, and Ohio, and junction U.S. Highway 20 and or incidental to the manufacturing of return over the same route, serving no Ohio Highway 2, north of Maumee, Ohio: paper or paper products from the above- intermediate points. from junction U.S. Alternate 20 and Ohio described destination territory to Cas- . HEARING: May 17, 1960, at the New Highway 2, over Ohio Highway 2 to junc- tanea and Lock Haven, Pa. Jersey Board of Public Utility Commis- tion U.S. Highway 20 and Ohio Highway NOTE: Applicant holds common carrier au- sioners, State Office Building, Raymond 2, and return over the same route, serving thority in Permit No. MC 93419 and Sub 1. Boulevard, N.J., before Joint Board No. no intermediate points, and with service Dual operations under section 212(c) may 119. at junctions for purpose of joinder only, be Involved. Applicant states as an alternate the proposed APPLICATIONS route for operating con- transportation will be performed under a IN WHICH HANDLING WITH- venience only. continuing contract, or contracts, with Clin- OUT ORAL HEARING IS REQUESTED ton Paper Co., Inc. of Lock Haven, Pa. NOTE: Applicant indicates the service MOTOR CARRIERS OF PROPERTY route between Maumee and junction U.S. HEARING: May 6, 1960, at the Penn- No. MC 126 (Sub No. 21), filed March Iighways 20 and U.S. Alternate 20 is over sylvania Public Utility Commission, 17, 1960. Applicant: HUEY MOTOR U.S. Highway 20, serving all intermediate Harrisburg, Pa., before Examiner Robert points, which is a segment of a route between EXPRESS, a corporation, 1040 Flint Fremont, Ohio and Tulsa, Okla., as shown A. Joyner. Street, Cincinnati, Ohio. Applicant's at- on Sheet 4 of Certificate MC 2202. No. MC 119545, filed February 29, 1960. torney: Robert H. Kinker, 711 McClure Applicant: WALTER, K. CLAUSON, Building, Fran k fort, Ky. Authority No. MC 9,148 (Sub No. 3), filed March 1005 George Street, Peoria, Ill. Appli- sought to operate as a common carrier, 21, 1960. Applicant: DEAN THORN- cant's attorney: John C. Parkhurst, 1004 by motor vehicle, over a regular route, TON, doing business as KEYSTONE Lehmann Building, Peoria 2, Ill. Au- transporting: General commodities, ex- TRUCKING COMPANY, Main Street, thority sought to operate as a common cept those of unusual value, Classes A Rushford, N.Y. Applicant's representa- carrier,by motor vehicle, over irregular and B explosives, household goods as tive: Raymond A. Richards, 35 Curtice routes, transporting: Bananas,from New defined by the Commission, commodities Par%, P.O. Box 25, Webster, N.Y. Au- Orleans, La., to Peoria, Streator, or in bulk, and those requiring special thority sought to operate as a common La Salle, Ill., and between Mobile, Ala. equipment, between Florence, Ky., and carrier,by motor vehicle, over irregular and Peoria, Streator, or La Salle, Ill., Beaverlick, Ky., from Florence over Ken- routes, in seasonal operations between and grain and potatoes on return. tucky Highway 18 to Commissary Cor- the time the St. Lawrence Seaway is open HEARING: June 10, 1960, at the U.S. ner, Ky., thence over Woolper Creek for navigation, transporting: Petroleum Court Rooms and Federal Building, Road to junction Kentucky Highway 20, products, in packages, from Farmers Val- Springfield, Ill.,before Examiner Maurice thence westerly and southerly over Ken- ley, Pa., to Port of Erie, Pa.', and empty S. Bush. tucky Highway 20 to junction Kentucky containers or other such incidental fa- cilities (not specified) used in transport- MOTOR CARRIERS OF PASSENGERS Highway 18 near Grant, Ky., thence over Kentucky Highway 18 to Maxville, ing the above-specified commodities on No. MC 3647 (Sub No. 278), filed Feb- Ky., thence over Lower River Road to return. ruary 10, 1960. Applicant: PUBLIC junction Kentucky Highway 338 at East NOTE: Applicant indicates the proposed SERVICE COORDINATED TRANS- Bend Church, thence over Kentucky operations will be in connection with export PORT, a corporation, 180 Boyden Street, Highway 338 to Beaverlick, and return and intercoastal shipments. Maplewood, N.J. Applicant's attorney: over the same route, serving all inter- No. Richard Fryling, General MC 19945 (Sub No. 8), filed March Counsel, Law mediate points. 21, Department, Public Service Coordinated 1960. Applicant: BEHNKEN TRUCK No. MC 966 (Sub No. 12), filed March SERVICE, Transport (same address as applicant). INC., Illinois Route 13, New 18, 1960. Applicant: CAPITOL TRUCK Athens, Ill. Applicant's Authority sought to operate as a com- attorney: Ernest LINES, INC., 29 Woodswether Roa, A. Brooks, II, mon carrier, by motor vehicle, over a 1301 Ambassador Building, Kansas City, Kans. Applicant's attor- St. Louis 1, Mo. Authority sought to regular route, transporting: Passengers ney: Wentworth E. Griffin, 1012 Balti- and their baggage, operate as a common carrier, by motor and express and news- more Building, Kansas City 5, Mo. Au- vehicle, papers in the same vehicle with passen- over irregular routes, transport- thority sought to operate as a common ing: Slag, in bulk, gers, between Irvington, N.J., and in dump trucks, from carrier, by motor vehicle, over regular Madison County, Ill., to Maplewood, N.J., from junction points in Mis- Lyons routes, transporting: General commod- souri, on and east of U.S. Avenue and Colt Street, Irvington, over Highway 65, ities, except Classes A and B explosives, except St. Louis, Mo., Coit Street to junction and St. Louis Chancellor Ave- household goods as defined by the Com- County, Mo. nue, thence over Chancellor Avenue to mission, commodities in bulk, commod- No. MC 25153 (Sub junction Springfield Avenue, Maple- No. 10), filed ities requiring special equipment, com- March 16, wood (applicant's garage). Return 1960. Applicant: MARTIN modities injurious or contaminating to FREIGHT SERVICE, over the same route. Serving all INC., 100-112 inter- other lading, commodities of unusual Frick Avenue, Waynesboro, mediate points. Pa. Appli- value, green hides and livestock, between cant's representative: Donald E. Free- HEARING: May 16, 1960, at the New Kansas City, Mo., and St. Joseph, Mo.: man, Uniontown Road, Box 24, West- Jersey Board of Public Utility Commis- from Kansas City over'U.S. Highway 71 minster, Md. Authority sought sioners, State Office Building, Raymond to oper- to the junction with City Route US. ate as a common carrier, by motor Boulevard, Newark, N.J., before Joint Highway 71, approximately 9 miles south vehicle, over irregular routes, transport- Board No. 119. of St. Joseph, thence over City Route ing: Aluminum porches, roof panels, No. MC 3647 (Sub No. 279), filed Feb- U.S. Highway 71 to St. Joseph, and re- breezeways, car ports, doors, windows, ruary 24. 1960. Applicant: PUBLIC turn over the same route, serving no jalousie walls, and accessories thereof, 12694 NOTICES

in van equipment, from Quincy, Pa., to express service, between Willmar, Minn.,- operate as a common carrier, by motor points In Connecticut, Delaware, Florida, and Sioux Falls, S. Dak.; from Willmar vehicle, over irregular routes, transport- Georgia, Illinois, Indiana, Iowa, Ken- southwesterly on Minnesota Highway 23 ing: Edible and inedible animaland vege- tucky, Maine, Maryland, Massachusetts, to Jasper, Minn., thence west on Minne- table fats, oils other than petroleum Michigan, Minnesota, Missouri, New sota Highway 269 to Minnesota-South products, igepol, liquid fertilizers and Hampshire, New Jersey, New York, Dakota Border, thence south on South other liquid chemicals, in bulk, in tank North Carolina, Ohio, Pennsylvania, Dakota Highway 11 to junction with trucks, (1) between points in Alameda, Rhode Island, South Carolina, Tennes- U.S. Highway 16, thence west to Sioux San Mateo, and Contra Costa counties, see, Vermont, Virginia, West Virginia, Falls, S. Dak., and returin over the same Calif., and San Francisco, Calif., and Wisconsin, and the District of Columbia, route serving the intermediate points points in San Francisco County, Calif., and damaged and rejected shipments of of Raymond, Clara City, Maynard, (2) from points in Alameda and San the above-specified commodities on re- Granite Falls, Hanley Falls, Cottonwood, Mateo Counties, Calif., to points in Con- turn movements. Green Valley, Marshall, Lynd, Russell, tra Costa County, Calif., and (3) From No. MC 30319 (Sub No. 112), filed Florence, Ruthton, Holland, Pipestone, points in Contra Costa and San Mateo March 17, 1960. Applicant: SOUTH- and Jasper, Minn., and Garretson, Counties, Calif., to points in Alameda ERN PACIFIC TRANSPORT COM- S. Dak. County, Calif. PANY, 810 North San Jacinto, P.O. Box No. MC 110814 (Sub No. 11), filed NoTE: Applicant states that all such trans- 4054, Houston 14, Tex. Applicant's March 18, 1960. Applicant: W. L. portation to be destined to and from ship- attorney: Edwin N. Bell, 1600 Esperson LINKENHOGER, G. N. LINKENHOGER, board under a conunon control, management Building, Houston 2, Tex. Authority and J. L. LINKENHOGER, doing busi- or arrangement for a continuous carriage or sought to operate as a common carrier, ness as WESTERN LINES, a PARTER- shipment to or from a point without con- by motor vehicle, over regular routes, SHIP. Applicant's attorney: A. A. Mar- tiguous municipalities or commercial zone transporting: General commodities, ex- shall, 305 Buder Building, St. Louis 1, Mo. described. cept those of unusual value, Classes A Authority sought to operate as a con- No. MC 114075 (Sub No. 1), filed Feb- and B explosives, household goods as tract carrier, by motor vehicle, over ir- ruary 15, 1960. Applicant: CONCRETE defined in Practices of Motor Common regular routes, transporting: Manufac- PRODUCTS TRANSPORT CO., a cor- Carriers of Household Goods, 17 M.C.C. tured fertilizer, from Etter, Tex.,. to St. poration, 710 Section Street, Danville, 467, commodities in bulk, and those re- Francis, Tex., restricted to the trans- Ill. Applicant's attorney: Paul J. Ma- quiring special equipment, between portation of shipments originating at ton, Suite 1149, 10 South La Salle Street, Kaplan, La., and Goliad Corp. Plant Etter, Tex., and destined to points in Chicago 3, Ill. Authority sought to op- site, near Kaplan, La.: from Kaplan over Iowa, Kansas, Missouri, Nebraska, and erate as a contract carrier, by motor Louisiana Highway 35 and unnumbered Oklahoma, and stopped at St. Francis, vehicle, over irregular routes, transport- Parish Road to said plant site and Tex., for storage-in-transit only, and ing: Concrete products, clay products, return over the said route. furnish no transportation for compen- flue liner, metal sash, metal concrete or NoTE: Applicant states it seeks authority sation on return, except as otherwise block wall reinforcing or dur-o-wall re- to serve plant site of the Goliad Corporation, authorized. inforcing, manhole rings, manhole steps, which will be located approximately four No. MC 112411 (Sub No. 3), filed drainage castings, masonry waterproof- miles southwest of Cow Island, La., as an March 21, 1960. Applicant: KETCHEL ing materials; cement and mortar in off-rail point in connection with regular STRAUSS, 132 Cottage Avenue, Nicho- bags, and sand and gravel to be trans- route operations between New Iberia, La., lasville, Ky. Applicant's attorney: Wil- and Midland, La., over Louisiana State ported in less than truckload lots as com- Highway 14. liam E. Sloan, Security Trust Building, plementary to contract haulage, and Lexington, Ky. Authority sought to op- empty drums, containers, bags, and No. MC 35484 (Sub No. 42), filed erate as a contract carrier,by motor ve- equipment on return, between Danville, March 18, 1960. Applicant: VIKING hicle, over irregular routes, transporting: Ill., and points in Indiana. FREIGHT COMPANY, a corporation, Bricks, (1) from Ashland, Ky., and points No. MC 114759 (Sub No. 2), filed 614 South Sixth Street, St. Louis, Mo. in Kentucky and Ohio within twenty-five March 17, 1960. Applicant: PAUL Applicant's attorney: G. M. Rebman, (25) miles of Ashland, Ky. to Dayton, COLLIGAN, doing business as COLLI- 1230 Boatemen's Bank Building, St. Louis Ohio and points within five (5) miles of GAN CARTAGE COMPANY, 4711 East 2, Mo. Authority sought to operate as Dayton and Cincinnati, Ohio, and points Lake Road, Erie, Pa. Applicant's at- a common carrier, by motor vehicle, in the Cincinnati, Ohio, Commercial torney: William C. Carrison, Bank of over a regular route, transporting: Gen- Zone, as defined by the Commission; and Jamestown Building, Jamestown, N.Y. eral commodities, except dangerous ex- (2) between Lexington, Ky., and points Authority sought to operate as a con- plosives, liquids in bulk, motion picture within fifty (50) miles thereof, and Ash- tract carrier, by motor vehicle, over ir- film, and commodities requiring special land, Ky., and points in Kentucky and regular routes, transporting: (1) Chem- equipment, serving the junction of U.S. Ohio within twenty-five (25) miles of icals in containers and compressed gases Highways 40 and 45, at Effingham, Ill., Ashland, Ky. in containers of various sizes, in straight for joinder purposes only, in connection No. MC 112813 (Sub No. 3), filed or mixed shipments, in carrier-owned with applicant's authorized regular March 17, 1960. Applicant: GRANT trailers or in shipper-owned manifold- route operations between Chicago and BRUCE AND HAROLD BRUCE, doing tube trailers, loaded or empty. (2) Gas Cairo, Ill. Applicant states the instant business as RIVERSIDE MARINE, 1016 or electric welders, and parts or accesso- application is filed for clarification pur- St. Rose, Riverside, Ontario, Canada. ries therefor, and gas or electric welding poses only and to remove ambiguity in Authority sought to operate as a com- apparatus,supplies and parts or acces- the existing certificate of applicant. mon carrier, by motor vehicle over ir- sories therefor, and empty containers The application is accompaniled by a regular routes, transporting: New and and shipper-owned manifold-tube trail- Motion to Dismiss on the ground that used boats, between ports of entry on the ers, loaded or empty, between Warren applicant presently holds authority to International Boundary line between the County, Pa., -and points in Chautauqua, conduct the operations as requested in United States and Canada in Minnesota, Erie, Niagara, Cattaraugus, Orleans, the instant application without the need Michigan, and New York and points in Monroe, Wayne, Ontario, Seneca, Liv- for further authority. Florida, Alabama, Georgia, Louisiana, ingston, Genesee, Wyoming, Allegheny, No. MC 66562 (Sub No. 1650), filed New Hampshire, Mississippi, Virginia, Steuben, Yates, Schuyler, Chemung, March 21, 1960. Applicant: RAILWAY Vermont, Washington, Texas, and Cal- Tioga, Tompkins, and Cayuga Counties, EXPRESS AGENCY, INCORPORATED, ifornia. N.Y. 219 East 42d Street, New York 17, N.Y. No. MC 114067 (Sub No. 15), filed No. MC 119530, (Correction), filed Applicant's attorneys: Slovacek and March 18, 1960. Applicant: JAMES W. February 23, 1960, published in FEDERAL Gallianni, Suite 2800, 188 Randolph FORE, doing business as FORE TRUCK- REGISTER issue of March 9, 1960. Appli- Tower, Chicago 1, Ill. Authority sought ING COMPANY, 1376 East Shore Drive, cant: CLARENCE M. MAY AND SCOTT to operate as a common carrier,by motor Alameda, Calif. Applicant's attorney: PEARSON, doing business as MAY vehicle, over regular routes, transport- C. S. Sherburne, Central Tower Build- TRUCKING CO., P.O. Box 398, Payette, ing: General commodities, including ing, Suite 1700, 703 Market Street, San Idaho. Applicant's attorney: Kenneth Classes A and B explosives, moving in Francisco 3, Calif. Authority sought to G. Bell. 203 McCarty Building, Boise. Wednesday, March 30, 1960 FEDERAL REGISTER 2695

Idaho. Authority sought to operate as 5(a) and 210a(b) of the Interstate Com- be maintained for carrier's private and a common carrier, by motor vehicle over merce Act and certain other proceedings for-hire operations, and that carrier irregular routes, transporting: Prefab- with respect thereto (49 CFR 1.240). shall not transport property both as a ricated buildings, unassembled and MOTOR CARRIERS OF PROPERTY for-hire and as a private carrier in the knocked down and their component same vehicle at the same time); petro- parts and fittings, from Ontario, Oreg., No. MC-F 7164 (CALIFORNIA leum and petroleum products (except to points in Idaho south of Salmon Ri- MOTOR TRANSPORT CO., LTD.- crude petroleum and liquifled petroleum ver, and empty containers or other such PURCHASE-STOCKTON MOTOR EX- gas), as described in Appendix XIII to incidental facilities (not specified) used PRESS AND CIRCLE FREIGHT LINES), the report in Descriptionsin Motor Car- in transporting the above-described published in the April 22, 1959, issue of rier Certificates, 61 M.C.C. 209, in bulk, commodities on return. the FEDERAL REGISTER on page 3143. Sup- in tank vehicles, from Sidney, Nebr., to NOTE: The purpose of this republication plemental application filed March 23, points in Sedgwick, Logan, Phillips, is to correctly reflect carriers name and 1960, for substitution of WESTERN Yuma, and Washington Counties, Colo. trade name as shown above. Applicant TRANSIT SYSTEMS, INC., and, in turn, Vendee is authorized to operate as a com- holds contract carrier authority in MC JESSE L. HAUGH, both of 235 Broadway, mon carrierin Alaska, Hawaii, Washing- 106871 and subs thereunder. San Diego 1, Calif., as the parties in con- ington, Oregon, California, Idaho, Ne- MOTOR CARRIER OF PASSENGERS trol of vendee. Applicants' attorneys: vada, Utah, Arizona, Montana, Wyoming, Waldo K. Greiner, 235 Broadway, San Colorado, New Mexico, North Dakota, No. MC 116660 (Sub No. 1), filed March Diego 1, Calif., and Berol and Geernaert, South Dakota, Nebraska, Minnesota, 18, 1960. Applicant: CHARLES R. 100 Bush Street, San Francisco 4, Calif. Iowa, Missouri, Wisconsin, Illinois, PETROZZI, doing .business as UNITED Application assigned for hearing April Michigan, Indiana, Ohio, Kentucky, Ala- TRAVEL SERVICE, 339 14th Street, Ni- 13, 1960, In San Francisco, Calif., at the bama, Pennsylvania, West Virginia, and agara Falls, N.Y. Applicant's attorney: New Mint Building, 133 Hermann Street. Maryland. Application has not been Clarence E. Rhoney, 94 Oakwood Avenue, No. MC-F 7471 (correction) (Mc- filed for temporary authority under sec- P.O. Box 357, North Tonawanda, N.Y. DUFFEE MOTOR FREIGHT, INC.- tion 210a(b). Authority sought to operate as a com- CONTROL-CUMBERLAND MOTOR No. MC-F 7484. Authority sought mon carrier, by motor vehicle, over ir- FREIGHT INC.), published in the March for purchase- by CONSOLIDATED regular routes, transporting: Passengers 16, 1960, issue of the FEDERAL REGISTER FREIGHTWAYS CORPORATION OF and their baggage, in special operations, on page 2190. McDUFFEE MOTOR DELAWARE (A DELAWARE CORPO- in round-trip sightseeing or pleasure FREIGHT, INC., should have been shown RATION), 175 Linfield Drive, Menlo tours, limited to the transportation of as a common carrier in Kentucky and Park, Calif., of the operating rights and not more than eight (8) passengers in Ohio. property of R. J. CROUTHAMEL, 855 any one vhelcle, but not including the No. MC-F 7483. Authority sought for Cherry Street, P.O. Box 792, Norristown, driver thereof, and not including children purchase by CONSOLIDATED Pa., and for acquisition by CONSOLI- under ten years of age who do not FREIGHTWAYS CORPORATION OF DATED FREIGHTWAYS, INC., also of occupy a seat or seats, in seasonal DELAWARE (A DELAWARE COR- Menlo Park, of control of such rights operations between May 1, and October PORATION), 175 Linfield Drive, Menlo and property through the purchase. 31, inclusive, of each year, (1) beginning Park, Calif., of the operating rights and Applicants' attorneys: William 0. Turney, and ending at Niagara Falls, N.Y., and certain property of EARL HOUK, doing 2001 Massachusetts Avenue NW., Wash- points in Niagara County, N.Y., within business as WESTERN NEBRACKA ington 6, D.C., and Eugene T. Liipfert, six (6) miles thereof, and extending to TRANSPORT SERVICE, 409 West 27th, 175 Linfield Drive, Menlo Park, Calif. ports of entry on the International Scottsbluff, Nebr., and for acquisition by Operating rights sought to be trans- Boundary line between the United States CONSOLIDATED FREIGHTWAYS, and Canada at or near Niagara ferred: General commodities, excepting, Falls and INC., also of Menlo Park, of control of among others, household goods and com- Lewiston, N.Y.; and (2) beginning and such rights and property through the modities in bulk, as a common carrier ending at points in Erie County, N.Y., purchase. Applicants' attorney: Ronald over irregular routes, between points located on U.S. Highway 62 to junction E. Poelman, 175 Linfleld Drive, Menlo within one mile of Philadelphia, Norris- New York Highway 324, and extending to Park, Calif. Operating rights sought to town, Bridgeport, and Conshohocken, ports of entry on the International be transferred: Petroleum products, in Pa., including the points named. Vendee Boundary line between the United States bulk, as a common carrier over regular is authorized to operate as a common and Canada at or near Niagara Falls and routes, from Parco, Wyo., to Grand carrier in Alaska, Hawaii, Washington, Lewiston, N.Y. Island and Cambridge, Nebr., serving cer- Oregon, California, Idaho, Nevada, Utah, NOTE: Any duplication with present au- tain intermediate and off-route points Arizona, Montana, Wyoming, Colorado, thority to be eliminated. restricted to delivery only; petroleum New Mexico, North Dakota, South Da- products, APPLICATION FOR BROKERAGE LICENSE in bulk, over irregular routes, kota, Nebraska, Minnesota, Iowa, Mis- from refining and distributing points in souri, Wisconsin, Illinois, Michigan, MOTOR CARRIER OF PASSENGERS Wyoming to certain points in Nebraska; Indiana, Ohio, Kentucky, Alabama, No. MC 12728, filed March 14, 1960. liquid petroleum products, in bulk, in Pennsylvania, West Virginia, and Mary- Applicant: EARL L. HARMON, doing tank trucks, from refining and distribut- land. Application has been filed for tem- business as HARMON TOURS, P.O. Box ing points in Wyoming, other than porary authority under section 210a(b). 7, Hammett, Idaho. Authority sought Casper, to certain points in Nebraska; No. MC-F 7485. Authority sought to operate as a broker (BMC 5) at Ham- refined petroleum products, in bulk, in for control by McDUFFEE MOTOR mett, Idaho, in arranging for transpor- tank trucks, from Evansville, Wyo., and FREIGHT, INC., 332 High School Ave- tation in interstate or foreign commerce points within 2 miles thereof, excluding nue, Lebanon, Ky., of ARNOLD LIGON by motor vehicle, of: Passengers and Casper, Wyo., and from Glenrock, Wyo., TRUCK LINE, INC., U.S. 41 South, their baggage, beginning and ending at to Madrid, Lewellen, Lisco, and Oshkosh, Madisonville, Ky., and for acquisition by Hammett, Idaho, and extending to points Nebr., and points within 1 mile of Osh- W. C. McDUFFEE, also of Lebanon, of in the United States. kosh; petroleum products,in bulk, in tank control of ARNOLD LIGON TRUCK vehicles, from. Cheyenne, Wyo., and LINE, INC., through the acquisition by NOTE: Applicant states he proposes to ar- points range for all expense tours for chartered within five miles thereof, to cer- McDUFFEE MOTOR FREIGHT, INC: groups such as churches, schools, etc., and tain points in Nebraska; crude oil, in Applicant's attorney: Robert M. Pearce, will not transport freight or newspapers. bulk, in tank vehicles, between points Box 127, Frankfort, Ky. •Operating -In Nebraska within 100 miles of Scotts- rights sought to be controlled: General APPLICATIONS UNDER SECTIONS 5 AND bluff, Nebr., Including Scottsbluff, and commodities, except those of unusual 210a(b) from points in Cheyenne County, Nebr., value, Class A and B explosives, beer, ale, The following applications are gov- to Northport, Nebr., (subject to the con- intoxicating beverages, household goods erned by the Interstate Commerce Com- ditions that the operations authorized as defined by the Commission, commodi-" mission's special rules governing notice shall be conducted separately from car- ties in bulk, commodities requiring spe- of filing of applications by motor carrier rier's private carrier activities, that com- cial equipment, and those injurious or of property or passengers under sections pletely separate accounting systems shall contaminating to other lading, as a 2696 NOTICES common carrier over regular routes be- Jamestown, Va., between Tappahannock, 1958 .to continue to operate as a common tween Evansville, Ind., and White Plains, Va., and Fredericksburg, Va., between carrier,by motor vehicle, over irregular Ky., between Paducah, Ky., and Evans- Owens, Va., and junction Virginia High- routes, transporting: Frozen fruits, ville, Ind., between specified points in way 614 and U.S. Highway 301, between frozen berries and frozen vegetables, be- Kentucky, between Hopkinsville, Ky., Williamsburg, Va., and Newport News, tween points in Alabama, Arkansas, and Nashville, Tenn., and between Nor- Va., between Leonardtown, Md., and Pa- Florida, Georgia, Illinois, Indiana, Iowa., tonville, Ky., and Nashville, Tenn., serv- tuxent River Naval Air Station, Md., be- Kentucky, Louisiana, Michigan, Minne- ing certain intermediate and off-route tween Richmond, Va., and junction U.S. sota, Mississippi, Nebraska, New Jersey, points; alternate routes for operating Highway 17 and Virginia Highway 168, New York, Ohio, Pennsylvania, Tennes- convenience only between Henderson, between the south end of Highway see, Texas, Wisconsin and Missouri. Ky., and Louisville, Ky., and between Bridge across the Potomac River, on U.S. NOTE: The purpose of. this republication Beaver Darn, Ky., and Owensboro, Ky. Highway 1, southwest of Washington, is to add the State of Missouri inadvertently With respect to the remaining operations, D.C., and junction Virginia Highway 350 omitted from the previous publication, but and the agreement between the parties and junction U.S. Highway 1, near listed in applicant's list of representative provides that such operating rights will Woodbridge, Va., between Williamsburg, shipments. ' be transferred to ARNOLD LIGON, au- Va., and Jamestown, Va., and between HEARING: Remains as assigned April thority for which will be sought by an Norfolk, Va., and junction Hampton 18, 1960, at the Olds Hotel, Lansing, application under section 212(b). These Roads Bridge-Tunnel route and Virginia Mich., before Examiner Hugh M. rights are as follows: lumber, oak treads, Highway 168 at or near Warwick, Va., Nicholson. oak risers, oak sills, oak moldings, pal- serving certain intermediate points; sev- lets, skids, bases, crates, boxes, veneer, eral alternate routes for operating con- By the Commission. baskets, commodities, the transportation venience only; passengers and their [SEAL] HAROLD D. McCoy, of which because of their size or weight baggage, and express, newspapers, in the Secretary. requires the use of special equipment, re- same vehicle with passengers, between lated machinery parts, related contrac- Potomac Beach, Va., and Newburg, Md., [F.R. Doc. 60-2867: Filed, Mar. 29, 1960; tors' materials and supplies, when their serving all intermediate points. THE 8:49 a.m.] transportation is incidental to the trans- GREYHOUND CORPORATION is au- portation of such commodities, except thorized to operate as a common carrier [Notice 286] prefabricated buildings, and except oil- in 48 States and the District of Colum- field commodities, building and excava- bia. Application has not been filed for MOTOR CARRIER TRANSFER ting contractors' and mining machinery temporary authority under section PROCEEDINGS and equipment, road building equipment 210a(b). MARCH 25, 1960. and machinery, such commodities as re- By the Commission. quire special handling because of size or Synopses of orders entered prsuant to weight (except oilfield commodities), [SEAL] HAROLD D. McCoy, section 212(b) of the Interstate Coin-. such bulk commodities as are usually Secretary. merce Act, and rules and regulations transported in dump vehicles, in bulk, prescribed thereunder (49 CFR Part 179), [F.R. Doc. 60-2868; Filed, Mar. 29, 1960; appear below: in dump vehicles, radioactive semiproc- 8:49 a.m.] essed feed material, in granular form, in As provided in the Commission's hopper type containers, mine roof bolts, special rules of practice any interested assembled or unassembled, and Class D, [Notice 381 person may file a petition seeking recon- sideration of the following numbered group III poisons (radioactive materi- APPLICATIONS FOR MOTOR CARRIER als), in,shipper-owned tank vehicles, over proceedings within 20 days from the date "GRANDFATHER" CERTIFICATE OR irregular routes, from, to or between of publication of this notice. Pursuant points and areas, varying with the com- PERMIT to section 17(8) of the Interstate Com- modity transported, in Tennessee, Ken- MARCH 25, 1960. merce Act, the filing of such a petition tucky, Illinois, Indiana, Michigan, Ohio, The following application is filed will postpone the effective date of the Alabama, Arkansas, Georgia, Mississippi, under the "grandfather" clause of sec- order in that proceeding pending its dis- Louisiana, Minnesota, Connecticut, Mas- tion 7(c) of the Transportation Act of position. The matters relied upon by sachusetts, New Jersey, New York, Wis- 1958. The matter is governed by Special petitioners must be specified in their consin, Iowa, Kansas, Missouri, North Rule § 1.243 published in the FEDERAL petitions with particularity. Carolina, Pennsylvania, Virginia and REGISTER issue of January 8, 1959, page No. MC-FC 62886. By order of March West Virginia. McDUFFEE MOTOR 205, which provides, among other things, 23, 1960, the Transfer Board approved FREIGHT, INC., is authorized to operate that this publication constitute the only the transfer to Thomas F. Buzby, doing. as a 'common carrier in Kentucky and notice to interested persons of filing that business as Maryland-Pennsylvania Ex- Ohio. Application has been filed for will be given; that appropriate protests press, Baltimore, Md., of a portion of temporary authority under section 210a to an-application (consisting of an orig- Certificate No. MC 113524, issued Sep- (b). inal and six copies each), must be filed tember 23, 1957, to James F. Black, doing with the Commission at Washington, business as Parkville Trucking Company, MOTOR CARRIERS OF PASSENGERS D.C., within 30 days from the date of this Baltimore, Md., authorizing the trans- No. MC-F 7486. Authority sought for publication in the FEDERAL REGISTER; portation of: Salt, from Ludlowville, merger into THE GREYHOUND COR- that failure to so file seasonably will be Silver Springs, and Watkins Glen, N.Y., PORATION, 140 South Dearborn Street, construed as a waiver of opposition and to points in Maryland and Virginia Chicago 3, Ill.,of the operating rights participation in such proceeding, re- (except points south of the Chesapeake and property of RICHMOND GREY- gardless of whether or not an oral hear- and Delaware Canal and east of the HOUND LINES, INC., Broad at Jeffer- ing is held in the matter; and that a copy Chesapeake Bay) and the District of son Streets, Richmond 20, Va. of the protest also shall be served upon Columbia. Dale C. Dillon, 1825 Jeffer- Applicants' attorney: George W. Rauch, applicant's representative (or applicant, son Place NW., Washington, D.C., for 140 South Dearborn Street, Chicago 3, if no practitioner representing him is applicants. Ill. Operating rights sought to be named in the notice of filing). No. MC-FC 62922. By order of March merged: Passengers and their baggage, No. MC 118392 (REPUBLICATION), 23, 1960, the Transfer Board approved and express, newspapers, and mail, in filed December 10, 1958, published in the the transfer to Guide Motor Freight, the same vehicle with passengers, as a FEDERAL REGISTER, issue of June 11, 1959. Inc., Glen Cove, N.Y., of Certificate No. common carrier over regular routes, be- Applicant: HARRY E. HELLER and MC 3093, issued July 23, 1959, to Harold tween Washington, D.C., and Norfolk, DONALD F. NOTTKE, doing business as F. Cambeis, Jersey City, N.J., authoriz- Va., between Norfolk, Va., and Baltimore, HELLER AND NOTTKE, 622 Webster ing the transportation of: General com- Md., between Fortress Monroe (Old Point Street, Traverse City, Mich. Appli- modities, excluding household goods, Comfort), Va., and Norfolk, Va., between cant's attorney: Clifford W. Prince, 191 commodities in bulk and other specified Lee Hall, Va., and Brays, Va., between North Michigan Avenue, Shelby, Mich. commodities between Newark, N.J., and Washington, D.C., and Leonardtown, Grandfather authority sought under New York, N.Y., serving specified inter- Md., between Williamsburg, Va., and section 7 of the Transportation Act of mediate and off-route points in New Wednesday, March 30, 1960 FEDERAL REGISTER 2697

Jersey and return over same route. Colorado, Kansas, Mississippi, Alabama, LONG-AND-SHORT HAUL John B. Avanzino, 220 Nassau Boule- Georgia, and Florida, and canned citrus vard, Garden City, N.Y., Bowes & Mill- products, from Barstown, Fla., and points FSA No. 36095: Gravel-Attica, Ind., ner, 1060 Broad Street, Newark, N.J. within 50 miles thereof, to points in to Decatur, Ill. Filed by Illinois Freight No. MC-FC 62933. By order of March Arkansas, Oklahoma, Kansas, Missouri, Association, Agent (No. 94), for and on 23, 1960, the Transfer Board approved Iowa, and Nebraska. behalf of the Wabash Railroad Company. the transfer to W. L. Winner III, doing No. MC-FC 62997. By order of March Rates on screened gravel, in carloads business as BATC, 23, 1960, the from Attica, Ind., to Decatur, Ill. Burlingame, Calif., Transfer Board approved IGrounds for relief: Motor-truck of that portion of the operating rights the transfer to Craft Transport Com- com- issued to American Buslines, Inc., Lin- pany, Inc., Kingsport, Tenn., of Certifi- petition. coin, Nebr., in Certificate No. MC 2890 cate in No. MC 104057 Sub 7, issued Tariff: Supplement 77 to Wabash Rail- Sub 18, issued by the Commission Sep- August 30, 1945, to R. G. Craft and Ruth road tariff I.C.C. 7844. tember 12, 1952, as amended by orders Vines Craft, a partnership, doing busi- FSA No. 36096: Sugar-North Atlantic of November 5, 1953, April 29, 1955, May ness as Craft Transport Company, Gate Ports to Chicago, Ill. Filed by Traffic- 16, 1958, and February 25, 1960, author- City, Va., authorizing the transportation Executive Association-Eastern Railroads, izing the transportation, over regular of: Petroleum products, in bulk, in tank Agent (ER No. 2531), for interested rail routes, of passengers and their baggage, trucks, from Warcer, Tenn., to specified carriers. Rates on sugar, beet or cane, and express, mail, and newspapers in points in Virginia. Lon P. MacFarland, dry, in carloads, as described in the ap- the same vehicle with passengers, be- Middle Tennessee Bank Building, Co- plication from North Atlantic ports and tween Sacramento, Calif., and Oakland, lumbia, Tenn., for applicants. points grouped therewith, as described Calif., and between Rio Vista, Calif., and No. MC-FC 63045. By order of in the application to Chicago, 1ll. junction California Highways 12 and 24. March 23, 1960, the Transfer Board ap- Grounds for relief: Port equalization Pete H. Dawson, P.O. Box 1007, Bur- proved the transfer to Truman Wang, with New Orleans, and maintaining port lingame, Calif., for applicants. doing business as Winger Truck Line, relationships. No. MC-FC 62981. By order of March Winger, Minn., of the operating rights Tariffs: Supplement 29 to Trunk Line 24, 1960, the Transfer Board approved issued to 0. L. Flermoen, doing business Territory Tariff Bureau, tariff I.C.C. the transfer to W. Thomas Morris, Troy, as Flermoen Truck.Line, Winger, Minn., A-1087. Supplement 56 to New England Pa., of Certificates Nos. MC 71530, MC November 2, 1949, in Certificate No. MC Territory Railroads Tariff Bureau, tariff 71530 Sub 1, MC 71530 Sub 2, MC 71530 108915, authorizing the transportation, I.C.C. 573. Sub 3 and MC 71530 Sub 8, issued Jan- over irregular routes, of livestock, be- FSA No. 36097: Soybean oil cake or uary 16, 1941, August 1, 1942, October tween Fosston, Minn., and points within meal-WTL to Mountain-Pacific Terri- 16, 1942, January 5, 1943, and December 15 miles of Fosston, on the one hand, tory. Filed by Western Trunk Line Com- 1, 1949, respectively, to W. Earl Apple- and, on the other, Union Stockyards, mittee, Agent (No. A-2116), for inter- gate, Cranbury, N.J., authorizing the N. Dak., and from Fosston, Minn., and ested rail carriers. Rates on soybean transportation of: Fertilizer and ferti- points within 20 miles of Fosston, to Ar- oil, cake or meal, carloads from points lizer materials, machinery used in the mour Packing house adjacent to West in Illinois, Iowa, Kansas, Minnesota, manufacture of fertilizer, agricultural Fargo, N. Dak., and from points more Missouri, Nebraska, and Wisconsin to commodities, animal and poultry feeds, than 15 but not more than 20 miles from points in Colorado, Idaho, Montana, Ne- feed, animal and poultry feeding mate- Fosston, Minn., to Union Stockyards, vada, Utah, and Wyoming. rials, potatoes, building stone, farm ma- N. Dak., feed, seed, farm machinery, Grounds for relief,: Truck competition. chinery, canned goods, shrubbery and and millwork, including screen, from Tariff: Supplement 51 to Trans-Conti- evergreens, lime, lumber, insecticides and Fargo, N. Dak., to Fosston, Minn., and nental Freight Bureau, tariff I.C.C. 1578. fungicides, burlap bags, hay and straw, points within 20 miles of Fosston, and FSA No. 36098: Asphalt pavement sur- coal, soy beans, grain, salt hay, grain, such merchandise as is dealt in by retail face sealer-WithinIFA Territory and to the South. manure and paper bags, from, to and grocery and food business houses, from Filed by Illinois Freight As- sociation, Agent (No. 93), between points as specified in Connecti- Fargo, N. Dak., to Fosston, Minn. A. R. for interested cut, Maryland, Delaware, New rail carriers. Rates on asphalt pavement Jersey, Fowler, 2288 University Avenue, St. New York, and Pennsylvania. The surface sealer, coal tar base, in carloads Paul 14, Minn., for applicants. Transfer Board also approved and au- between points in Illinois territory, and thorized the substitution of W. Thomas [SEAL] HAROLD D. McCoy, also between points in Illinois territory, Morris as applicant in pending applica- Secretary. on the one hand, and points in southern tion No. MC 71530 Sub 12. Robert Wat- [F.R. Doc. 60-2869; Filed, Mar. 29, 1960; territory, on the other. kins, 170 South Broad Street, Trenton, 8:49 a.m.] N.J., for applicants. Grounds for relief: Short-line distance No. MC-FC 62991. By order of March formula and grouping. Tariff: Supplement 37 to Illinois 23, 1960, the Transfer Board approved FOURTH SECTION APPLICATIONS the transfer to Barsh Freight Association tariff I.C.C. 917. Truck Lines, Inc., FOR Joplin, Mo., of Certificate in No. MC RELIEF Supplement 51 to Illinois Freight Asso- 60303, issued November 20, 1956, to Roy MARCH 24, 1960. ciation tariff I.C.C. 919. Barsh, doing business as Roy Barsh Protests to the granting of an applica- By the Commission. Truck Line, Joplin, Mo., authorizing the tion must be prepared in accordance with transportation of: Glassware from speci- Rule 40 of the general rules of practice [SEAL] HAROLD D. McCoy, fied points in Oklahoma, to named points (49 CFR 1.40) and filed within 15 days Secretary. in Missouri, Wyoming, and Arizona, and from the date of publication of this no- [F.R. Doc. 60-2808; Filed, Mar. 28, 1960; points in Arkansas, Texas, New Mexico, tice in the FEDERAL REGISTER. 8:47 a.m.] No. 62-6 2698 FEDERAL REGISTER

CUMULATIVE CODIFICATION GUIDE-MARCH The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during March. 1 CFR Page 7 CFR-Continued Page 10 CFR Page Appendix A ------2281 729 ------2478 PROPOSED RULES: 815 ------2006 30 ------2134 3 CFR 821------2198 31------.... 2134 PROCLAMATIONS: 822 ------2198 72 ------2236 3336------2351 836 ------2198 3337 ------2351 850------1905,1906,2252,2253 12 CFR 3338------2351 902------2511 5------2158 3339 ------2352 903------2198 204 ...... 1818 EXECUTIVE ORDERS: 904------2611 221 .... 2098 Feb. 18, 1870 ------1949 914 --- 1935,2097,2152,2353,2572,2659 522...... 2417 Mar. 26, 1881 ------1949 922 ------1908,2512 1867 PROPOSED RULES: June 8,1901 ------925------2512 222 2140 982 ------2073 933 ------1936 523 2676 1624 ------2073 946 ------1747 545 ------2676 1776 ------2073 953------1817,1937,2097,2354,2573 1778 ------2073 954 1756 13 CFR 2119 ------2073 955 ------2098 4124 107 ------2354,2516 ------2073 965 ------1763 4208 ------1949 975------2478 7752 14 CFR ------2163 987 ------1817 7775 ------2163 20 ------2126 990 ------2613 40------1987 8001 ------2163 996 ------2614 9769------2073 41 ------1987 999 ------2616 42 ------1987,2360 10017 ------2073 1015------2512 10337 60 ------1764,1987 ------2073 1019------2617 10501 200-399------2474 ------2073 1021 ------2513 10577 ------2073 221 ------2417 1065------2514 241 ------2126,2660 10868 ------1927 1066------2659 10869 ------2073 302 ------1868,2573 1070 ------2515 375 ------1767 10870 ------2197 1105------2515 10871------2251 PROPOSED RULES: 501 ------1938 10872------2379 507 ------1818,1908,1987,2041, 28------2622 2077, 2078, 2255, 2418, 2524, 2619 PRESIDENTIAL DOCUMENTS OTHER 52 ------2493 THAN PROCLAMATIONS 514------2525 AND EX- 1913 ECUTIVE ORDERS: 53 ------600__-- 1819,1938-1940,1988-1991,2009- 362------2587 2011, 2041, 2078, 2079, 2159, 2160, Memorandum, November 5, 723------2059 1953 ------2073 2199, 2360, 2387, 2388, 2474, 2475, 725 ------2059 2525, 2526, 2574, 2620, 2661, 2662 Memorandum, May 7, 1959__-- 2073 814 Memorandum, March 9, 1960- 2073 ------2495 601_-- 1819, 1938-1940, 1988-1992, 2009- 902 ------1838,2261 Transfer Plan ------2151 2011, 2041, 2078, 2079, 2098, 2159, 903------2129,2623 2160, 2199, 2360, 2361, 2387, 2474- 5 CFR 904------1879,2086 2476, 2526, 2527, 2574, 2620, 2662 2------2074,2198,2353 912 ------2057 602------1992, 6------1928,2005, 918------2221 2200, 2255, 2388, 2476, 2575, 2620 2074, 2152, 2471, 2511, 2611, 2659 921------2132, 2626 -923 608 ------1868,2099,2418,2620,2663 24------1743,2380 ------2579 609------1868,2042,2080,2477 29 ------2380 928------2057, 2535 610 ------2389 325------1928 934------2629 618------2620 6 CFR 943------2668 1209 ------2100 944 ------2057 PROPOSED RULES: 331 ------1905,2047 960 ------2536 365 ------2611 4b ------2270 972 ------1791 10 ------2270 372 ------2511 975 ------2106,2234 381 ------2471 40 ------2270 .977 ------2536 2270 421------1815, 41------990 ------1879 42 ------2270 2047, 2049, 2051, 2053, 2125, 2380 995 ------2106 438 ------2472 60 ------2137 996 ------1879 300 ------2436 443 ------1816 998 ------2541 302 ------2436 477 ------2005 999 ------1879 507 ------1839, 482 ------2571 1012------2579 485 ------1867,1868 1883, 2060, 2165, 2166, 2438 1018------2263,2644 514 ------1884 502 ------2473 1019------1879 570 ------2137 1021 1954 7 CFR ------600-. 1801-1804,1839,1956-1965, 1024 4__------1985 ------2236,2644 2017, 2018, 2084,2085, 2107-2109, 1028 ------2106 52 ------2005 2439, 2543-2545, 2589, 2590, 2646 1065 ------301 ------2571,2572 ------1955 601 ------1802-1804,1839, 352 ------1929 8 CFR 1840,1960-1965,2017,2018,2085, 354 ------2353 502 ------2152 2086,2108-2110,2139,2439,2496- 362 ------1934 401 ------2572 2498,2544,2545,2589-2593, 2646 9 CFR 602 ---- 1804,1805,1966,1993,2086 718------1743,2125,2385 18 ------2417 608 2086,2109,2593 719 ------1816 73 ------1873 ------723 ------2125 131------1937,1938 618 ------2594 728------2074,2386 155------1763 619 ------2137 Wednesday, March 30, 1960 FEDERAL REGISTER 2699 15 CFR Page 25 CFR Page 42 CFR Page 20 ------2163 47 ------2516 55 2531 ------230 ------2083 48 ------1829 71 ------2531 370 ------2255 124------1831 75 ------1911 371 ------2255 221 ------2364,2664 373------2255 43 CFR 379------2255 26 (1954) CFR 192------2421 399 ------2361 1------1833,2420 PROPOSED RULES: 48 ------1773 4 ------2106 16 CFR 280 ------2480 192------1877 13 ------1819,1820, PROPOSED RULES: PUBLIC LAND ORDERS: 1873, 1875, 2075, 2100, 2101, 2160- 1 ------1954,2165 808 ------1885,1950 2162, 2200-2202, 2362, 2363, 2392- 31 ------2425 1312 ------1867 2394, 2479, 2480, 2527-2529, 2663 175------2367 1826 ------2104 186------2487 2022 ------2105 17 CFR 2032 ------2105 211 ------1940 28 CFR 2058 ------1867 250 ------1942 7------2420 2059 ------1867 270 ------1865 30 CFR 2060------1949 PROPOSED RULES: PROPOSED RULES: 2061 ------1949 '250 ------2060 2062 ------1950 270 ------2402 25 ------1877 33 2014 2063 ------2077 18 CFR 2064 ------2077 2------2363 31 CFR 2065 ------2104 154------1943 500 ------1910 2066 ------2105 157------2363 2067 ------2105 32 CFR 2068 ------2128 19 CFR 1778 2069 ------2163 4------2153 2 1783 2070 ------2400 8 ------2480 1784 2071 ------2578 10 ------1820,2530 3 ------23 ------2103 5 ------1784 45 CFR 6 1784 25 ------2530 7 ------114------2531 1784 115 ------2531 20 CFR 8 ------1786 234 ------2419 9 ------1786 46 CFR 238 ------2053 10...... -- 1787 2------2217 262 ------2053 16...... -- 1788 10 ------2217,2667 266 ------2053 17...... -- 1789 26 ------2217 401 ------2011 56 ------2127 31 ------L------2667 404 ------2127 65a...... --- 1789 52 ------2218 518 ------2364 61 ------2218 21 CFR 754 ------2258 67 ------2218 3------2516 765 2484 136 ------2667 27------1770 878 2395 157------2218 120------1943,2076,2364 888...... -- 1944 167 ------2667 121------1772, 1453 2665 171 ------2259 1944, 2076, 2162, 2202-2204, 2395 1702...... 2575 172------1912,2219 131 ------2516 PROPOSED RULES: 146a------1909 32A CFR 201-380 ------1955,2401 281 ------1820 NSA (CHi. XVIII): ------47 CFR PROPOSED RULES: INS-1 2665 1------1950,1985,2533, OPR-7 ------25 ------2545 2104 2 ------2219,2421 27 ------2545,2548 3------2012 29 ------2645 33 CFR 120 ---- 1956,2017,2084,2136,2269 5------2422 92 ------2219, 2258 7 121 ------1800,1801,1884, ------2422 124 2665 8------2164,2422 1913, 2367, 2368,2401,2436,2549 ------202 1910 9------2422 304 ------2425 203 ...... 2621 10 ------2422 204 ------2365 22 CFR 11 ------2422 205 ------1910, 2531 13------1950 121 ------1821 207 ------2666 16 ------1834,2422,2533 122------1823 401...... -- 2206 17 ------1952 123------1824 19 ------2421, 2422, 2533 124------1827 36 CFR 21 ------2422 125 ------1827 7------1947 PROPOSED RULES: 126------1828 3------1967,1993,2019,2165,2670 127 ------1829 38 CFR 17------2110 128------1829 2------2163 6------2258 49 CFR 23 CR 95 ------2366 20 ------2575 13 ------2163 17 ------2420 139 ------1986 24 CFR 145 ------1837 181------2578 221 ------2102 39 CFR 1-203 ------2077 182 ------2578 222 ------2102 186 ------1837 43 ------1947 226 ------2102 PROPOSED RULES: 232_.....- 2102 45------1947 139------2549 235 ------2103 94------1947 241 ------2103,2620 96 ------1947 50 CFR 243 ------2620 168 .------1948,2055,2104,2258 117------2164