VOLUME 20 NUMBER 175

Wàshington, Thursday, September 8, 1955

TITLE 7— AGRICULTURE Order, as amended. The provisions in CONTENTS paragraph (c) of § 969.309 (Avocado Chapter IX— Agricultural Marketing Order 9; 20 F. R. 5627) are hereby Agricultural Marketing Service Pas® Service (Marketing Agreements and amended to read as follows: Rules and regulations: Orders), Department of Agriculture (c) Effective time. The provisions of Avocados grown in South this regulation shall become effective at Florida; container regula­ [Avocado Order 9, As Amended] 12:01 a. m., e. s. t., October 3,1955. tion______6571 P art 969—Avocados G rown in South (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. Milk in Tri-State marketing F lorida 608c) area, handling______6571 CONTAINER REGULATION Dated: September 2, 1955. Agricultural Research Service Rules and regulations: Findings. (1) Pursuant to the mar­ [seal] S. R . S m ith, keting agreement, as amended, and Vesicular exanthema; changes Director, Fruit and Vegetatile in areas quarantined______6575 Order No. 69, as amended (7 CFR Part Division, Agricultural Mar­ 969; 20 F. R. 4177), regulating the han­ keting Service. Agriculture Department dling of avocados grown in South See Agricultural Marketing Serv­ [F. R. Docn 55-7278; Filed, Sept. 7, 1955; Florida, effective under the applicable 8:52 a. m.] ice; Agricultural R esearch provisions of the Agricultural Marketing Sérvice. Agreement Act of 1937, as amended (7 Alien Property Office U. S. C. 601 et seq.; 68 Stat. 906, 1047), Notices: and upon the basis of the recommenda­ [Docket No. AO-177-A14] Vested property, notice of in­ tion and information submitted by the tention to return: Avocado Administrative Committee, es­ P art 972—M ilk in the T ri-S tate Marketing Area Aschenbrenner, Maria et al_ 6602 tablished under the said amended mar­ Bernardoni, Giacomo______6601 keting agreement and order, and upon ORDER AMENDING ORDER, AS AMENDED Bonwitt, Gustave L., and Mrs. other available information, it is hereby Correction E lizab eth Hartogs-Hij- found that the relaxation of the limita­ man______6600 tion, hereinafter provided, on the han­ In F. R. Doc. 55-6991 appearing in the Comotto, Celestino Massimo. 6601 dling of such avocados will tend to effec­ issue for Saturday, August 27, 1955, on Demo, Calace Carmela et al_ 6602 tuate the declared policy of the act. page 6275, make the following change: Huber, Maria (Mary)______6601 Such relaxation relates to the effective Delete the last paragraph in column 3, Leib, Elise______6600 time of Avocado Order No. 9 (20 F. R. 20 F. R. 6282, and substitute therefor the Meller, Joseph______6601 5627) prescribing sizes of containers following paragraph: Nakanishi, Akiko______6600 which may be used, effective on and after Issued at Washington, D. C., this 24th Sachs, Gunther and Werner. 6602 September 4, 1955, for the handling of day of August 1955, to be effective on and Simonelli, Pasquale I.../ . __ 6600 avocados. It has developed that some after the 1st day of September 1955. von Johnson, Elise Schmidt_ 6601 avocado handlers have inventories of Waschl, Dora______6601 containers not meeting the specifications Done at Washington, D. C., this 1st prescribed in such order and it is desir­ day of September 1955. Civil Aeronautics Board able to delay its effective time until [seal] E arl L. B utz, Notices: October 3, 1955, to facilitate disposition Acting Secretary. Hearings, etc.: of such inventories. International freight for­ [F. R. Doc. 55-7240; Filed, Sept. 7, 1955; warder investigation_____ 6589 (2) It is hereby further found that it 8:46 a. m.] is impracticable and contrary to the pub­ United States Overseas Air­ lic interest to give preliminary notice, lines, Inc______6589 engage in public rule-making procedure, TITLE 16— COMMERCIAL Civil Service Commission and postpone the effective date of this Rules and regulations: amendment until 30 days after publica­ PRACTICES Formal education requirements tion thereof in the F ederal R egister (60 Chapter I— Federal Trade Commission for appointment to certain Stat. 237; 5 U. S. C. 1001 et seq.) because scientific, technical, and pro­ the time intervening between the date [Docket 6287] fessional positions; correc­ when information upon which this P art 13—Digest of Cease and Desist tion______6575 amendment is based became available Orders Federal Communications Com­ and the time when this amendment must L. H. KELLOGG CHEMICAL CO. ET AL. mission become effective in order to effectuate the Notices : declared policy of the act is insufficient; Subpart—Advertising falsely or mis­ Hearings, etc.: and this amendment relieves restrictions leadingly: § 13.15 Business status, ad­ American Colonial Broadcast­ on the handling of avocados grown in vantages, or connections: Personnel or ing Corp., and Supreme South Florida. (Continued on p. 6573) Broadcasting Co., Inc____ 6590 6571 6572 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Pa"e Renegotiation Board Page FEDERALS®ISTER mission— Continued Rules and regulations: \ l»34 Mandatory exemption of con­ V <«W TtO* Notices—Continued Hearings, etc.—Continued tracts and subcontracts for standard commercial articles Published daily, except Sundays, Mondays, Alaska coast stations (2 docu­ and days following official Federal holidays, ments) ______6591, 6592 or services; time for filing by the Federal Register Division, National Citizens Broadcasting Co----- 6592 standard commercial service Archives and Records Service, General Serv­ Iredell Broadcasting Co. reports______6583 ices Administration, pursuant to the au­ (WDBM)______6590 Securities and Exchange Com­ thority contained in the Federal Register Act, Mooney, Jane F., et al------6591 approved July 26, 1935 (49 Stat. 500, as mission amended; 44 U. S. C., ch. 8B ), under regula­ Municipal Broadcasting Sys­ Notices: tions prescribed by the Administrative Com­ tem (WNYC)______6590 Hearings, etc.: mittee of the Federal Register, approved by Radio Broadcasting Service Blue Chip Uranium Corp____ 6599 the President. Distribution is made only by and Dana W. Adams_____ 6592 Southwestern Uranium Trad­ the Superintendent of Documents, Govern­ Rules and regulations: ing Corp_:______6599 ment Printing Office, Washington 25, D. C. Stations on land in maritime Proposed rule making: The F ederal R eg ister will be furnished by services; station identifica­ mail to subscribers, free of postage, for $1.50 Registration statement under per month or $15.00 per year, payable in tion______.______6584 Securities Act of 1933______6589 advance. The charge for individual copies Federal Power Commission Rules and regulations: (minimum 15 cents) varies in proportion to Notices : Extending temporary effective­ the size of the issue. Remit check or money Olin Gas Transmission Corp., ness of exchange plans of order, made payable to the Superintendent American Stock Exchange, of Documents, directly to the Government and Hope Producing Co------6593 Printing Office, Washington 25, D. C. Federal Trade Commission Midwest S t o c k Exchange, The regulatory material appearing herein New York Stock Exchange Rules and regulations: and San Francisco Stock is keyed to the Code o f F ederal R eg u la tio n s, Cease and desist orders: which is published, under 50 titles, pursuant Kaye, Harry of Hackensack, Exchange______6576 to section 11 of the Federal Register Act, as Small Business Administration amended August 5, 1953. The Code o f F ed­ Inc., and Harry Kaplan— 6574 eral R egu la tio n s is sold by the Superin­ Kellogg, L. H., Chemical Co., Notices: tendent of Documents. Prices of books and et al ______6571 New Jersey; amendment to dec­ pocket supplements vary. Fish and Wildlife Service laration of disaster area____ 6600 There are no restrictions on the re­ Withdrawal of request to oper­ publication of material appearing in the Rules and regulations: Kodiak Area and Southeastern ate as small business enter­ F ederal R e g ister , or the C ode o f F ederal prise production pool, and R eg u la tio n s. Alaska Area, Clarence Strait District, s a 1 m o n fisheries; withdrawal of requests to additional fishing time------6583 certain companies to par­ CFR SUPPLEMENTS ticipate in operations of Food and Drug Administration such pool: (For use during 1955) Proposed rule making: Central California War In­ Enforcement of Federal Food, dustries, Inc______6600 The following Supplements are now Drug, and Cosmetic Act; new Coordinated Manufacturers available: drugs______6584 of Santa Clara County, In c. 6600 Title 32; Parts 400-699 ($5.75) Health, Education, and Welfare State Department Parts 800-1099 ($5.00) Department Notices: Part 1100 to end ($4.50) S ee Food and Drug Administra­ Administrator of Bureau of Se­ Title 43 (Revised, 1954) ($6.00) tion. curity, Consular Affairs and Indian Affairs Bureau Personnel; amendment of Previously announced: Title 3, 1954 Supp. Notices: delegation of authority with ($1.75); Titles 4 -5 ($0.70); Title 6 Associate Commissioner et al.; respect to administration and ($2.00); Title 7: Parts 1-209 ($0.60); delegation of authority with enforcement of immigration Parts 210-899 ($2.50); Part 900 to end and nationality laws relating ($2.25); Title 8 ($0.45); Title 9 ($0.65); respect to certain duties and functions______6590 to powers, duties, and func­ Titles 10-13 ($0.50); Title 14: Parts tions of diplomatic and con­ 1-399 ($2.25); Part 400 to end ($0.65); Interior Department sular officers______6589 Title 15 ($1.25); Title 16 ($1.25); Title 17 See Fish and Wildlife Service; ($0.55); Title 18 ($0.50); Title 19 ($0.40); Treasury Department Indian Affairs Bureau; Land See Internal Revenue Service. Title 20 ($0.75); Title 21 ($1.75); Titles Management Bureau. 2 2-23 ($0.75); Title 24 ($0.75); Title 25 ($0.50); Title 26 (1954) ($2.50); Title Internal Revenue Service CODIFICATION GUIDE 26: Parts 1-79 ($0.35); Parts 80-169 Rules and regulations: A numerical list of the parts of the Code ($0.50); Parts 170-182 ($0.50); Parts Contract coverage of employees of Federal Regulations affected by documents 183-299 ($0.30); Part 300 to end and of foreign subsidiaries______' 6577 published in this issue. Proposed rules, as Title 27 ($1.25); Titles 2 8 -29 ($1.25); Excise taxes on sales by manu­ opposed to final actions, are identified as Titles 30-31 ($1.25); Title 32: Parts facturer.^______6576 such. 1-399 ($4.50); Parts 700-799 ($3.75); Income tax; taxable years be­ Title 32A, Revised December 31, 1954 Title 5 Pas® ginning after Dec. 31,1953__ 6577 ($1.50); Title 33 ($1.50); Titles 3 5-37 Chapter I: ($0.75); Title 38 ($2.00); Title 39 Interstate Commerce Commis­ Part 24______6575 ($0.75); Titles 4 0-42 ($0.50); Titles sion Title 7 4 4 -45 ($0.75); Title 46: Parts 1-145 Notices: ($0.40); Part 146 to end ($1.25); Titles Chapter IX: 4 7 -48 ($1.25); Title 49: Parts 1-70 Fourth section applications for Part 969______6571 ($0.60); Parts 7 1 -9 0 ($0.75); Parts relief______6599 Part 972...... 6571 Motor carrier applications.___ 6593 91-164 ($0.50); Part 165 to end ($0.60); Title > Title 50 ($0.55) Justice Department Chapter I: Order from Superintendent of Documents, See Alien Property Office. Part 76____ 6575 Government Printing Office, Washington Land Management Bureau Title 16 25, D. C. Rules and regulations: Chapter I: Wyoming; public land order__ 6584 Part 13 (2 documents)___ 6571,6574 Thursday, September 8, 1955 FEDERAL REGISTER 6573 CODIFICATION GUIDE— Con. 500” contained in their fluids maintains Litigation, and expressly provided that its germicidal or bactericidal potency for the signing thereof was for settlement Title 17 Pae» any period of time that is not in accord­ purposes only and did not constitute an Chapter H: ance with the facts; (h) that the admission by respondents that they had Part 239 (proposed)_____ .___ _ 6589 “Thrombex-Heparin” contained in their violated the law as alleged in the Part 2 40™ ______6576 fluids will stop or prevent coagulation or complaint. disperse blood clots; (i) that “Lanomul- By the terms of said stipulation, the Title 21 sion” is the first or only oil-emulsion of said respondents admitted all the juris­ Chapter I : proven value in embalming fluids; (j) dictional allegations of the complaint Part 1 (proposed)______6584 that their specifications for chemicals and agreed that the record in the matter Part 130 (proposed)___ »______6584 are so exacting that only two producers might be taken as if the Commission Title 26 (1939) can comply therewith or misrepresent in had made findings of jurisdictional Chapter I: any manner the quality of the ingredi­ facts in accordance with such allega­ Part 316______6576 ents in their fluids; and (k) that pur­ tions; the answers theretofore filed by Title 26 (1954) chasers of their products are afforded respondents were withdrawn and the Chapter I: savings from the prices charged by their parties expressly waived a hearing be­ Part 1______6577 competitors which are not in accordance fore the hearing examiner or the Com­ with the facts; and (2) using the words mission, the making of findings of fact Part 36______6577 “Manufacturing Analytical Chemists” or or conclusions of law by the hearing ex­ Title 32 any of them, or the word “Factories”, or aminer or the Commission, the filing of Chapter XIV: any other word or words of similar im­ exceptions and oral argument before the Part 1467______6583 port or meaning, on respondents’ busi­ Commission, and all further and other Title 43 ness stationery or in advertisements; or procedure before the hearing examiner Chapter I: representing through any other means or and the Commission to which the re­ Appendix (Public land orders): device, or in any manner, that they spondents might be entitled under the 1115 (correction)______6584 manufacture the fluids sold by them; Federal Trade Commission Act or the prohibited, subject to the provision, how­ rules of practice of the Commission ; and Title 47 ever, that nothing in the order shall respondents further agreed that the Chapter I: preclude the respondents from repre­ order to cease and desist, issued in ac­ Part 7______— ______6584 senting that the fluids which they sell cordance with said stipulation, should Title 50 are manufactured under their super­ have the same force and effect as if made Chapter I: vision, from their ingredients and in after a full hearing, presentation of evi­ Part 108______6583 accordance with their formulas. dence, and findings and conclusions Part 122___ .__ .__;______6583 (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interpret thereon, and specifically waived any and or apply sec. 5, 88 Stat, 719 as amended; all right, power, or privilege to challenge 15 U. S. C. 45) [Cease and desist order, or contest the validity of such order. staff; Producer status of dealer or seller: L. H. Kellogg Chemical Company et al., It was further provided that said Laboratory; § 13.20 Comparative data or Minneapolis, Minn., Docket 6287, July 28, stipulation, together with the complaint m erits; § 13.30 Composition of goods; 1955] and the affidavits filed in behalf of Ruth § 13.90 History of product or offering; In the Matter of L. H. Kellogg Chemical Abry and William Hodroff should con­ § 13.130 Manufacture or preparation; stitute the entire record in the matter, §13.155 Prices: Comparative;. Savings Company, a Corporation, and Leo A. Hodroff, William Hodroff, and Ruth that the complaint in the matter might and discounts subsidized; § 13.170 Quali­ be used in construing the terms of the ties or properties of product or service; Abry, Individually and as Officers of Said Corporation order issued pursuant to said stipulation, § 13.175 Quality of product or service; and that said order might be altered, § 13.205 Scientific or other relevant facts; This proceeding was heard by Earl J . modified, or set aside in the manner pre­ § 13.250 Success, use or standing; § 13.265 Kolb, hearing examiner, upon the com­ scribed by the statute for orders of the Tests and investigations; § 13.280 Unique plaint of the Commission which charged Commission, and it was further stipu­ nature or advantages. Subpart—Using respondent corporation, respondents Leo lated and agreed between counsel for misleading name—V e n d o r : § 13.2445 A. and William Hodroff, and respondent the respondents and counsel supporting Producer or laboratory status of dealer Ruth Abry, individually and as officers of the complaint that in view of the infor­ or seller. In connection with the offer­ respondent corporation, with the use of mation contained in said affidavits sub­ ing for sale, sale, or distribution in com­ unfair and deceptive acts and practices mitted concerning the status of William merce, of respondents’ embalming fluids and unfair methods of competition in Hodroff and Ruth Abry, individually designated as “Kelco Scientists Series commerce in violation of the provisions cited in the complaint, counsel support­ Fluids” or any other embalming fluids of of the Federal Trade Commission Act ing the complaint by said stipulation substantially similar composition or in connection with the sale and distribu­ recommended dismissal of the charges possessing substantially similar proper­ tion of embalming fluids designated as to said individuals. ties, whether sold under the same or “Kelco Scientists Series Fluids”; upon Thereafter said hearing examiner under any other name: (1) Represent­ separate affidavits filed by respondent made his initial decision in which he set ing, directly or by implication: (a) William Hodroff and Ruth Abry, after forth the aforesaid matters; that he had Through the use of pictorial representa­ the filing of their answers, to the effect considered such stipulation and the or­ tions or otherwise, that respondents own that respondent William Hodroff had re­ der therein contained and the affidavits or control a laboratory or laboratories signed as officer, director, and employee filed in the matter; his conclusion that that they do not actually own or control of respondent corporation in February said stipulation provided for an appro­ or that they employ scientists which they 1951 and had assumed employment with priate disposition of the proceeding and do not actually employ; (b) that their another named corporation, and that his acceptance of said stipulation, which line of embalming fluids is the first com­ Ruth Abry, although Secretary of said he made a part of the record; and his plete line developed and tested as a corporate respondent, had not partici­ findings, in consonance with the terms of series; (c) that such embalming fluids pated in the affairs thereof other than said stipulation, that the Commission are the first perfected in cooperation calling the annual meetings of share­ had jurisdiction of the subject matter with primary chemical producers; (d) holders and keeping minutes thereof and of the proceeding and of the respondents that such fluids are the first produced as keeping minutes of the meetings of the named therein, and that the proceeding a result of scientific research methods; Board of Directors; and upon a stipula­ was in the interest of the public; and in (e) that such fluids are the first series tion for consent order entéred into by which he issued order to cease and de­ of formulations tested in sequence by respondent corporation and respondent sist, and order of dismissal as to said undertakers and recorded in available Leo A. Hodroff, individually, following William Hodroff and Ruth Abry. case reports; (f) that the “KIR-500” the filing of their answers, which dis­ Thereafter said initial decision, in­ contained in their fluids is any number posed of all the issues in the proceeding, cluding said order, as announced and of times more effective than phenol than and was duly approved by the Director decreed by “Decision of the Commission is actually the fact; (g) that the “KB- and Assistant Director of the Bureau of and Order to File Report of Compli- 6574 RULES AND REGULATIONS anee”, dated July 28, 1955, became, on vision, from their ingredients and in ac­ colored fur, when such is a fact; (c) the said date, pursuant to § 3.21 of the Com­ cordance with their formulas. name of the country of origin of im­ mission’s rules of practice, the decision It is further ordered, That the com­ ported furs contained in fur products; of the Commission. plaint be dismissed as to respondents (2) Represents, directly or by implica­ Said order is as follows: William Hodroff and Ruth Abry. tion: (a) That the regular or usual price It is ordered, That L. H. Kellogg Chem­ By said “Decision of the Commission”, of any fur product is any amount which ical Company, a corporation, and Leo A. etc., report of compliance was required is in excess of the price at which the re­ Hodroff, individually, and respondents’ as follows: spondents have usually and customarily agents, representatives, and employees, It is ordered, That the respondents sold such products in the recent regular directly or through any corporate or L. H. Kellogg Chemical Company, a cor­ course of their business; (b) that a sale other device, in connection with the poration, and Leo A. Hodroff, indi­ price enables purchasers of fur products offering for sale, sale or distribution in vidually, shall, within sixty (60) days to effectuate any savings in excess of the commerce, as “commerce” is defined in after service upon them of this order, difference between the said price and the the Federal Trade Commission Act of file with the Commission a report in writ­ price at which comparable products were their embalming fluids designated as ing setting forth in detail the manner sold by respondents during the time spec­ Kelco Scientists Series Fluids or any and form in which they have complied ified or, if no time is specified, in excess other embalming fluids of substantially with the order to cease and desist. of the difference between said price and similar composition or possessing sub­ Issued: July 28, 1955. the current price at which comparable stantially similar properties, whether products are sold by respondents; (c) the sold under the same or under any other By the Commission. value of fur products, when such claims name, do forthwith cease and desist [ seal] R obert M. P arrish, and representations were not true in from: Secretary. fact; (d) that any of such products were 1. Representing, directly or by impli­ the stock of a business in a state of liqui­ [F. R. Doc. 55-7242; Filed, Sept. 7, 1955; dation, contrary to fact; and (3) Makes cation: 8:46 a. in.] (a) Through the use of pictorial rep­ pricing claims or representations of the resentations or otherwise, that they own type referred to in “(2) (a)”, “(2)(b)”, or control a laboratory or laboratories and “ (2) (c) ” above, unless there is that they do not actually own or control [Docket 6320] maintained by respondents full and ade­ or that they employ scientists which quate records disclosing the facts upon they do not actually employ. P art 13—Digest of Cease and Desist which such claims or representations are (b) That their line of embalming Orders based, as required by Rule 44 (e) of the rules and regulations; prohibited. fluids is the first complete line developed HARRY KAYE OF HACKENSACK, INC., AND and tested as a series. HARRY KAPLAN (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interpret (c) That such embalming fluids are or apply sec. 5, 38 Stat. 719, as amended, sec. the first perfected in cooperation with Subpart—Advertising falsely or mis­ 8, 65 Stat. 179; 15 U. S. C. 45, 69f) [Cease and primary chemical producers. leadingly: § 13.15 Business status, ad­ desist order, Harry Kaye of Hackensack, Inc. (d) That such fluids are the first pro­ vantages, or connections: Stock, product et al., Hackensack, N. J., Docket 6320, July 27, duced as a result of scientific research or service; § 13.30 Composition of goods; 1955] methods. § 13.73 Formal regulatory and statutory In the Matter of Harry Kaye of Hacken­ (e) That such fluids are thé first se­ requirements: Fur Products Labeling sack, Inc., a Corporation, and Harry ries of formulations tested in sequence Act; § 13.90 History of product or offer­ Kaplan, Individually and as an Officer by undertakers and recorded in availa­ ing; § 13.135 N ature: Product or service; of Said Corporation ble case reports. § 13.155 Prices: Exaggerated as regular and customary; savings and discounts This proceeding was heard by Frank (f) That the KB-500 contained in Hier, hearing examiner, upon the com­ their fluids is any number of times more subsidized; § 13.235 Source or origin: Place: Foreign, in general; § 13.285 plaint of the Commission which charged effective than phenol than is actually respondents with violating the Federal the fact. Value. Subpart—Neglecting, unfairly or deceptively, to make material disclosure: Trade Commission Act and the Fur (g) That the KB-500 contained in Products Labeling Act through falsely their fluids maintains its germicidal or § 13.1845 Composition: Fur Products Labeling Act; § 13.1854 History of prod- advertising their fur products, and upon bactericidal potency for any period of an agreement and stipulation between time that is not in accordance with the u ct: Fur Products Labeling Act; § 13.1870 N ature: Fur Products Labeling Act; respondents and counsel in support of facts. the complaint, which was submitted to (h) That the Thrombex-Heparin con­ § 13.1900 Source or origin: Fur Products said hearing examiner after the filing tained in their fluids will stop or prevent Labeling Act: Place. In connection with by respondents of their answer to the coagulation or disperse blood clots. the introduction into commerce, or the complaint and which provided for entry sale, advertising, or offering for sale in (i) That Lanomulsion is the first or of a consent order. only oil-emulsion of proven value in em­ commerce, or the transportation or dis­ By the terms of said agreement and balming fluids. tribution in commerce, of fur products, stipulation, respondents admitted all the (j ) That their specifications for chem­ or in connection with the sale, advertis­ jurisdictional allegations set forth in icals are so exacting that only two pro­ ing, offer for sale, transportation, or dis­ the complaint; agreed that the answer ducers can comply therewith or mis­ tribution of fur products which have theretofore filed in the matter be with­ represent in any manner the quality of been made in whole or in part of fur drawn; stipulated that the record in the the ingredients in their fluids. which has been shipped and received in matter might be taken as if the Com­ (k) That purchasers of their prod­ commerce, as “commerce”, “fur”, and mission had made findings of juris­ ucts are afforded savings from the prices “fur product” are defined in the Fur dictional facts in accordance with charged by their competitors which are Products Labeling Act, falsely or decep­ allegations thereof in the complaint; not in accordance with the facts. tively advertising fur products through and expressly waived a hearing before 2. Using the words “Manufacturing the use of any advertisement, represen­ the hearing examiner or the Commission, Analytical Chemists” or any of them, tation, public announcement, or notice the making of findings of fact or con­ or the word “Factories,” or any other which is intended to aid, promote, or clusions of law by the hearing examiner word or words of similar import or mean­ assist, directly or indirectly, in the sale or the Commission, the filing of excep­ ing, on their business stationery or in or offering for sale of fur products, and tions or oral argument before the Com­ advertisements; or representing through which: (1) Fails to disclose: (a) The mission, and all further and other any other means or device, or in any name or names of the animal or animals procedure before the hearing examiner manner, that they manufacture the producing the fur or furs contained in and the Commission to which respond­ fluids sold by them. the fur products as set forth in the Fur ents might be entitled under the Federal Provided, however, That nothing here­ Products Name Guide and as prescribed Trade Commission Act or the rules of in shall preclude the respondents from under the rules and regulations; (b) that practice of the Commission. representing that the fluids which they the fur products contain or are composed Respondents agreed that the order sell are manufactured under their super- of bleached, dyed, or otherwise artifically provided for should have the same force Thursday, September 8, 1955 FEDERAL REGISTER 6575

arid effect as if made after a full hearing, and as prescribed under the Rules and TITLE 9—ANIMALS AND presentation of evidence and findings Regulations. and Conclusions thereon, and specifically (b) That the fin: products contain or ANIMAL PRODUCTS waived any and all right, power, or priv­ are composed of bleached, dyed, or other­ Chapter I— Agricultural Research ilege to challenge or contest the validity wise artificially colored fur, when such of the order entered in accordance with is a fact. Service, Department of Agriculture such stipulation, and it was further stip­ (c) The name of the country of origin Subchapter C— Interstate Transportation of ulated and agreed that such stipulation, of imported furs contained in fur Animals and Poultry together with the complaint, should con­ products. [B. A. I. Order 383, Revised, Arndt. 61] stitute the entire record in the matter 2. Represents, directly or by implica­ and should be filed with the hearing ex­ tion: P art 76—Hog Cholera, S w ine Plague, aminer for his consideration in accord­ (a) That the regular or usual price and Other Communicable S wine ance with § 3.21 of the Commission’s of any fur product is any amount which Diseases rules of practice; that the signing of the is in excess of the price at which the S ubpart B—Vesicular E xanthema stipulation was for settlement purposes respondents have usually and customar­ only and did not constitute an admission ily sold such products in the recent reg­ CHANGES IN AREAS QUARANTINED by respondents that they had violated ular course of their business. Pursuant to the provisions of sections the law as alleged in the complaint; that (b) That a sale price enables pur­ 1 and 3 of the act of March 3, 1905, as the complaint in the matter might be chasers of fur products to effectuate any amended (21 U. S. C. 123, 125), sections Used in construing the terms of the order savings in excess of the difference be­ 1 and 2 of the act of February 2, 1903, thereinafter entered, which order might tween the said price and the price at as amended (21 U. S. C. 111-113, 120), be altered, modified, or set aside in the which comparable products were sold and section 7 of the act of May 29, 1884, manner provided by the statute for or­ by respondents during the time specified as amended (21 U. S. C. 117), § 76.27, ders of the Commission; and that the or, if no time is specified, in excess of as amended, Subpart B, Part 76, Title 9, stipulation was subject to approval in the difference between said price and Code of Federal Regulations (20 F. R. accordance with §§ 3.21 and 3.25 of the the current price at which comparable 2881, 2973, 3499, 3931, 4397, 4841, 5256, Commission’s rules of practice and that products are sold by respondents. 6709, 6076), which contains a notice with the order should have no force and effect (c) The value of fur products, when respect to the States in which swine are until and unless it became the order of such claims and representations were affected with vesicular exanthema, a the Commission. not true in fact. contagious, infectious, and communi­ Thereafter said hearing examiner (d) That any of such products were cable disease, and which quarantines cer­ made his initial decision in which he set the stock of a business in a state of tain areas in such States because of said forth the aforesaid matters; and con­ liquidation, contrary to fact. disease, is hereby further amended in cluded on the basis thereof that the 3. Makes pricing claims or repre­ the following respects: proceeding was in the public interest, and sentations of the type referred to in 1. Subparagraphs (1) and (8) of para­ that said stipulation constituted an ap­ paragraph 2 (a), (b) and (c) above, graph (a), relating to California, are propriate disposition of the proceeding; unless there is maintained by respond­ amended to read: and, in accordance with the action con­ ents full and adequate records disclosing (a) California: (1) Secs. 22 and 24, T. 3 templated and agreed upon, issued his the facts upon which such claims or S., R. 2 E„ MDBM; and that area included order to cease and desist. representations are based, as required by within a boundary beginning at a point on Thereafter said initial decision, in­ Rule 44 (e) of the rules and regulations. W. line of Plot 4, Rancho El Valle, 10.47 cluding said order, as announced and By said “Decision of the Commission”, chains N. from N. line Plot 3, Rancho El decreed by “Decision of the Commission etc., report of compliance was required Valle, thence N. 53° W. 17.95 chains, thence and Order to File Report of Compliance”, as follows: N. 69 ° 4' E. 6.67 chains, thence N. to County dated July 27,1955, became, on said date, It is ordered, That the respondents Road, thence SE. 100 feet along SW. line of County Road, thence S. to point of beginning, pursuant to § 3.21 of the Commission’s herein shall, within sixty (60) days after consisting of 32.98 acres within lots 8-15, rules of practice, the decision of the service upon them of this order, file with in Alameda County. Commission, the Commission a report in writing set­ * • • • * Said order to cease and desist is as ting forth in detail the manner and form (8) E. V2 of NE. % Sec. 25, T. 3 N„ R. 6 W., follows: in which they have complied with the SBBM; and W. % of NE. % Sec. 25„ T. 3 N., It is ordered, That respondents Harry order to cease and desist. R. 6 W., SBBM, in San Bernardino County. Kaye of Hackensack, Inc., a corporation, Issued: July 27, 1955. and its officers, and Harry Kaplan, indi­ 2. Subdivision (ii) of subparagraph vidually and as an officer of said corpo­ By the Commission. (4) of paragraph (d), relating to Bur­ ration, and respondents’ representatives, lington County, in New Jersey, is amend­ [sea l] R obert M . P arrish, ed to read: agents and employees, directly or Secretary. through any corporate or other device, (ii) Mooretown and North Hanover Town­ in connection with the introduction into [F. R. Doc. 55-7243; Piled, Sept. 7, 1955; ships. 8:47 a. m.] commerce, or the sale, advertising, or 3. A new subdivision (v) is added to offering for sale in commerce, or the subparagraph (4) of paragraph (d), re­ transportation or distribution in com­ TITLE 5— ADMINISTRATIVE lating to Burlington County, in New merce, of fur products, or in connection Jersey, to read: with the sale, advertising, offer for sale, PERSONNEL transportation, or distribution of fur (v) That part of South Hampton Town­ Chapter I— Civil Service Commission ship lying north of State Route No. 70, east products which have been made in whole of the Burrs Mill-Buddtown Road, and or in part of fur which has been shipped P art 24—F ormal E ducation R equire­ southwest of the South Hampton Township and received in commerce, as “com­ m en ts for Appo intm ent to Certain line. merce,” “fur” and “fur product” are S cien tific , T echnical, and P rofes­ 4. New subdivisions (xix) and (xxi are defined in the Fur Products Labeling sional P osition s Act, do forthwith cease and desist from added to subparagraph (8) of paragraph falsely or deceptively advertising fur miscellaneous amendments; correction (d ), relating to Gloucester County, in products through the use of any adver­ In Federal Register Document 55-7062, New Jersey, to read: tisement, representation, public an­ filed August 30, 1955, at page 6371, (xix) Lot No. 7 in Block 417 in Deptford nouncement, or notice which is intended § 24.123 should be changed to § 24.126. Township, owned and operated by August J. Bltner; to aid, promote, or assist, directly or (Sec. 11, 58 Stat. 390; 5 U. S. C. 860) indirectly, in the sale or offering for sale (xx) Lot No. 6 in Block 417 in Deptford U nited S tates Civ il S erv­ Township, owned by Mary F. Tenuto and op­ of fur products, and which: erated by James Campo. 1. Fails to disclose: ic e Co m m issio n , (a) The name or names of the animal [sea l] W m . C. H u ll, 5. New subdivisions (x) and (xi) are or animals producing the fur or furs Executive Assistant. added to subparagraph (11) of para­ contained in the fur products as set [F. R. Doc. 55-7237; Piled, Sept. 7, 1955; graph (d), relating to Monmouth forth hi the Fur Products Name Guide 8:45 a. m.] County, in New Jersey, to read: 6576 RULES AND REGULATIONS

(x) That part of Wall Township lying extension of these Plans until October (a) General rules. Except as otherwise south of the Farmingdale-Hurly Pond Road, 31,1955, has been made to permit further provided in any section of this title— west of State Route No. 34, northwest of the consideration of a proposal to amend * * * * * Garden State Parkway, and east of the Wall the Plan of the New York Stock Ex­ (4) Subtitle D. Subtitle D [incl. chapter Township line; 32, relating to manufacturers excise taxes] (xi) Lot No. 9 in Block 353 in the Glendora change as announced in Securities Ex­ of this title shall take effect on January 1, Section of Wall Township. change Act Release No. 5200. 1955. Subtitles B and C of the Internal The text of the Commission’s action Revenue Code of 1939 (except chapters * * * Effective date. The foregoing amend­ follows: 28 * * * of such code) are hereby repealed ment shall become effective upon issu­ The Securities and Exchange Commis­ effective January 1, 1955. * * * ance. sion, acting pursuant to the provisions of Par. 2. Section 316.2, as amended by The amendment excludes certain areas the Securities Exchange Act of 1934, par­ in California and New Jersey from the Treasury Decision 6139, approved Au­ ticularly sections 10 (b) and 23 (a) gust 23, 1955, is further amended by areas heretofore quarantined because of thereof and § 240.10b-2 (d) (Rule X - vesicular exanthema. Hereafter, the re­ adding at the end thereof the following 10B-2 (d )) thereunder, deeming it nec­ new paragraph (26 CFR 316.2 (k )) : strictions pertaining to the interstate essary for the exercise of the functions movement of swine, and carcasses, parts (k) The applicable provisions of the vested in it, and having due regard for Internal Revenue Code of 1939, as and offal of swine, from or through quar­ the public interest and for the protec­ antined areas, contained in 9 CFR, 1954 amended, were superseded as of Jan ­ tion of investors, does hereby declare the uary 1, 1955, by the corresponding pro­ Supp., Part 76, Subpart B, as amended, Exchange Distribution Plans of the will not apply to such areas. However, visions of the Internal Revenue Code of American Stock Exchange, the Midwest 1954. The applicable provisions of the the restrictions pertaining to such move­ Stock Exchange, the New York Stock ment from non-quarantined areas, con­ 1954 Code have been amended by the Exchange and the San Francisco Stock Tax Rate Extension Act of 1955, ap­ tained in said Subpart B, as amended, Exchange, as now effective, to be effec­ will apply thereto. proved March 30, 1955. The Tax Rate tive until the close of business on Octo­ Extension Act of 1955 continues until The amendment relieves certain re­ ber 31, 1955, on condition that if at any strictions presently imposed, and must April 1, 1956, the rates of tax on chassis time it appears to the Commission nec­ and bodies for trucks and other automo­ be made effective immediately to be max­ essary or appropriate in the public in­ imum benefit to persons subject to the biles, and parts and accessories there­ terest or for the protection of investors for, which rates were increased by restrictions which are relieved. Accord­ so to do the Commission may suspend ingly, under section 4 of the Administra­ or terminate the effectiveness of said section 481 (a), (b), and (c) of the tive Procedure Act (5^U. S. C. 1003), it Plans by sending at least ten days’ writ­ Revenue Act of 1951. P ar. 3. Immediately preceding § 316.51 is found upon good cause that notice and ten notice to the respective Exchange. other public procedure with respect to The Commission for good cause finds there is inserted the following: the amendment are impracticable and that the notice and public procedure Sec. 4061. Imposition of tax [Internal contrary to the public interest, and the specified in paragraphs 4 (a) and (b) Revenue Code of 1954]. amendment may be made effective less of the Administrative Procedure Act are (a) Automobiles. There Is hereby im­ than 30 days after publication in the posed upon the following articles (including unnecessary since these Exchange Dis­ in each case parts or accessories therefor F ederal R egister. tribution Plans are the same as those sold on or in connection therewith or with (Sec. 2, 32 Stat. 792, as amended; 21 U. S. C. heretofore declared effective for such the sale thereof) sold by the manufacturer, 111. Interprets or applies secs. 4, 5, 23, Stat. Exchanges; and the Commission further producer, or importer a tax equivalent to 32, sec. 1, 32 Stat. 791; 21 U. S. C. 120) finds, in accordance with the provisions the specified percent of the price for which so sold: Done at Washington, D. C., this 1st of section 4 (c) of the Administrative Procedure Act, that paragraph (d) of (l) Articles taxable at 8 percent, except day of September 1955. that on and after April 1, 1955, the rate § 240.10b-2 and this action have the ef­ shall be 5 percent— [seal] M. R. Clarkson, fect of granting exemption and relieving Automobile truck chassis. Acting Administrator, restriction, and that, therefore, this ac­ Automobile truck bodies. Agricultural Research Service. tion may be and is hereby declared ef­ Automobile bus chassis. [F. R. Doc. 55-7241; Filed, Sept. 7, 1955; fective August 29, 1955. Automobile bus bodies. 8:46 a. m.] (Sec. 19, 48 Stat. 85, as amended; 15 TJ. S. C. Truck and bus trailer and semitrailer 77s) chassis. Truck and bus trailer and semitrailer By the Commission. bodies. TITLE 17— COMMODITY AND [seal] Orval L. DuB ois, Tractors of the kind chiefly used for high­ way transportation in combination with a SECURITIES EXCHANGES Secretary. trailer or semitrailer. August 29, 1955. Chapter II— Securities and Exchange [F. R. Doc. 55-7234; Filed, Sept. 7, 1955; A sale of an automobile truck, bus, truck or 8:45 a. m.] bus trailer or semitrailer shall, for the pur­ Commission poses of this paragraph, be considered to be P art 240—G eneral R ules and R egula­ a sale of the chassis and of the body. tions Under the S ecurities E xchange TITLE 26— INTERNAL REVENUE (2) Articles taxable at 10 percent except Act of 1934 that on and after April 1, 1955, the rate shall Chapter I— Internal Revenue Service, be 7 percent— EXTENDING TEMPORARY EFFECTIVENESS OF Automobile chassis and bodies other than EXCHANGE DISTRIBUTION PLANS OF AMERI­ Department of the Treasury those taxable under paragraph (1). CAN STOCK EXCHANGE, MIDWEST STOCK Subchapter C— Miscellaneous Excise Taxes Chassis and bodies for trailers and semi­ trailers (other than house trailers) suitable EXCHANGE, NEW YORK STOCK EXCHANGE [T. D. 6143; Regs. 46] AND SAN FRANCISCO STOCK EXCHANGE for use in connection with passenger auto­ P art 316—E xcise T axes on S ales by the mobiles. The Securities and Exchange Commis­ Manufacturer Motorcycles. sion today announced that it has ex­ A sale of an automobile, trailer, or semi­ tended until the close of business on In order to conform Regulations 46 (1940 edition) (26 CFR (1939) Part 316) trailer shall, for the purposes of this para­ October 31, 1955, the period during graph, be considered to be a sale of the which the Exchange Distribution Plans to the Tax Rate Extension Act of 1955 chassis and of the body. of the American Stock Exchange, the (Public Law 18, 84th Cong.), approved * • • * • March 30, 1955, such regulations, as pre­ Midwest Stock Exchange, the New York Sec. 3. One-year extension of certain excise scribed and made applicable to the In­ Stock Exchange and the San Francisco tax rates [Tax Rate Extension Act of 1955, ternal Revenue Code of 1954 by Treasury approved March 30, 1955]— (a) Extension of Stock Exchange shall be effective. These Decision 6091, signed August 16, 1954, are the same Plans which the Commis­ rates. The following provisions of the Inter­ are amended as follows: nal Revenue Code of 1954 are hereby sion previously declared effective for a P aragraph 1. Immediately preceding amended by striking out “April 1, 1955” each period expiring on August 31, 1955, as § 316.2 there is inserted the following: place it appears and inserting in lieu thereof described in Securities Exchange Act Re­ S ec. 7851. Applicability of Revenue Laws “April 1, 1956”— leases Nos. 5141 and 5151. The further [Internal Revenue Code of 1954]. * * • • * Thursday, September 9, 1955 FEDERAL REGISTER 6577

(2) section 4061 (relating to motor ve­tice and public procedure thereon under hicles) ; section 4 (a) of the Administrative Pro­ S&3121 (1) (1) Statutory provisions; * * * * * cedure Act, approved June 11, 1946, or agreements entered into by domestic corpo­ P ar. 4. Paragraphs (a) and (b) of subject to the effective date limitation of rations with respect to § 316.51, as amended by Treasury De­ section 4 (c) of said act. foreign subsidiaries. cision 6139, are further amended to read This Treasury decision shall be effec­ 86.3121 (1) (1)-1 Agreements entered into as follows: tive on March 30, 1955. by domestic corpora­ (a) Automobile truck chassis and tions with respect to bodies; highway tractors; automobile [seal] O. G ordon Delk, foreign subsidiaries. bus chassis and bodies; automobile truck Acting Commissioner 36.3121 (1) (1)—2 Amendment of agree­ of Internal Revenue. ment. and bus trailer and semitrailer chassis 36.3121 (1) (l)-3 Effect of agreement. and bodies: Approved: September 1,1955. 36.3121 (1) (2) Percent Statutory provisions; ef­ A. N. Overby, fective period of agree­ October 1, 1941 to October 31, 1951, in- ment. clusive______— 5 Acting Secretary of the Treasury. 36.3121 (Î) (2)—1 Effective period of agree­ November 1, 1951 to March 31, 1956, in­ {P. R. Doc. 55-7259; Piled, Sept. 7, 1955; ment. clusive______;______8 8:49 a. m.] 36.3121 (1) (3) Statutory provisions; ter­ On and after April 1, 1956______5 mination of period by (b) Other automobile chassis and a domestic corporation. TITLE 26— INTERNAL REVENUE, 36.3121 (1) (3)—1 Termination of agree­ bodies; other automobile trailer and ment by domestic cor­ semitrailer chassis and bodies; motor­ 1954 poration or by reason cycles: of change in stock Percent Chapter I— Internal Revenue Service, ownership. October 1, 1941 to October 31, 1951, fn- Department of the Treasury 36.3121 (1) (4) Statutory provisions; ter­ clusive— ______7 mination of period by November 1, 1951 to March 31, 1956, in­ [T. D. 6145] Secretary. clusive______10 Subchapter A— Income Tax 36.3121 (1) (4 )—1 Termination of agree­ On and after April 1,1956.______— 7 ment by Commissioner. 36.3121 (1) (5) Statutory provisions; no P ar. 5. Immediately preceding § 316.55 P art 1—I ncome T a x; T axable Y ears B eginning After December 31, 1953 renewal of agreement. there is inserted the following: 36.3121 (1) (5 )-l Effect of termination. S ec. 4061. Imposition of tax [Internal Subchapter C— Employment Taxes 36.3121 (1) (6) Statutory provisions; de­ Revenue Code of 1954], posits in trust fund. * * • * * P art 36—Contract Coverage of E m­ 36.3121 (1) (7) Statutory provisions; (b) Parts and accessories. There is hereby ployees of F oreign S ubsidiaries overpayments and un­ imposed upon parts or accessories (other than On May 27, 1955, notice of proposed derpayments. tires and inner tubes and other than auto­ 36.3121 (Ì) (7 )-l Overpayments and un­ rule making regarding the regulations derpayments. mobile radio and television receiving sets) under section 176 and section 3121 (1) of for any of the articles enumerated in sub­ 36.3121 (1) (8) Statutory provisions; def­ section (a) sold by the manufacturer, pro­ the Internal Revenue Code of 1954, as inition of foreign sub­ ducer, or importer a tax equivalent to 8 per­ added by Public Law 761, 83d Congress, sidiary. cent of the price for which so sold, except approved September 1, 1954, was pub­ 36.3121 (1) (8 )-l Definition of foreign sub­ that on and after April 1, 1955, the rate shall lished in the F ederal R egister (20 F. R . sidiary. be 5 percent. 36.3121 (1) (9) Statutory provisions; do­ 3738). All comments regarding the pro­ mestic corporation as S ec. 3. One-year extension of certain excise posed regulations having been consid­ tax rates [Tax Rate Extension Act of 1955, separate entity. ered and no change having been found 36.3121 (1) (9) —1 Domestic corporation as approved March 30, 1955]— (a) Extension of necessary, the regulations as so published rates. The following provisions of the In­ separate entity. ternal Revenue Code of 1954 are hereby are hereby adopted, as set forth below. 36.3121 (1) (10) Statutory provisions; reg­ amended by striking out “April 1, 1955” each ulations. [seal] O. G ordon Delk, 36.3121 (1) (10)-1 place it appears and inserting in lieu thereof Requirements in respect “April 1, 1956”— Acting Commissioner of liability under agree­ of Internal Revenue. ment. * * * * * 36.3121 (1) (10)—2 Identification. (2) section 4061 (relating to motor Approved: September 2,1955. 36.3121 (1) (10)—3 Returns. vehicles); 36.3121 (1) (10)-4 Payment of amounts * * * * * A. N. Overby, equivalent to tax. Acting Secretary of the Treasury. P ar. 6. Section 316.56, as amended by Au t h o r it y : §§36.3121 (1)—0 to 36.3121 (1) Treasury Decision 6139, is further INCOME TAX REGULATIONS 10-4 issued under 68A Stat. 917; 26 U. S. C. amended to read as follows: 7805. Interpret or apply sec. 3121, 68A Stat. § 1.176 Statutory provisions; pay­ 428, as amended, 68 Stat. 1094; 26 U. S. C. § 316.56 Rates of Tax. The tax is ments with respect to employees of cer­ 3121. payable by the manufacturer on the sale tain foreign corporations. price of the articles listed at the rates §36.3121 (1) —0 Introduction, (a) S ec. 176. Payments with respect to em­ specified below: The regulations in this part deal with ployees of certain foreign corporations. In the circumstances under which a do­ Automobile parts and accessories: Percent the case of a domestic corporation, there October 1, 1941 to October 31, 1951, shall be allowed as a deduction amounts (to mestic corporation may enter into an inclusive______5 the extent not compensated for) paid or agreement with the district director for November 1, 1951 to March 31, 1956, incurred pursuant to an agreement entered the purpose of extending the insurance inclusive______8 into under section 3121 (1) with respect to system established by title n of the So­ On and after April 1, 1956______5 services performed by United States citizens cial Security Act to certain services per­ employed by foreign subsidiary corporations. formed outside the United States by In each case the taxable sale price shall Any reimbursement of any amount previ­ citizens of the United States as em­ be determined in accordance with the ously allowed as a deduction under this section shall be included in gross Income ployees of a foreign subsidiary of the provisions of section 316.8 to 316.15, domestic corporation, and with the ob­ inclusive. for the taxable year in which received. (Sec. 176 as added by sec. 210, Social Security ligations of a domestic corporation which (68A Stat. 917; 26 U. S. C. 7805) Amendments 1954) enters into such an agreement. The provisions of the Internal Revenue Code Because this Treasury decision amends (68A Stat. 917; 26 U. S. C. 7805. Interprets the regulations merely by incorporating or applies sec. 3121; 68A Stat. 428, as of 1954, as amended, to which the regu­ amended, 68 Stat. 1094; 26 U. S. C. 3121) lations in this part pertain are contained the extension in the rates of the manu­ in section 3121 (1). The liabilities as­ facturers excise taxes on certain motor sumed under an agreement entered into vehicles and parts or accessories therefor P art 36— Contract Coverage of E m­ pursuant to such section are based on which was made by the Tax Rate Exten­ ployees of F oreign S ubsidiaries the remuneration for services covered by sion Act of 1955, it is found unnecessary Sec. the agreement. Such agreement may to issue this Treasury decision with no­ 36.3121 (l)-0 Introduction. not be effective prior to January 1, 1955. 6578 RULES AND REGULATIONS

(b) Although the obligations incurred est, additions to the taxes, additional - muneration which would not constitute amounts, and penalties which would be ap­ wages, as defined in section 3121 (a), under an agreement entered into pur­ plicable) with respect to the remuneration suant to section 3121 (1) of the Internal even if the services to which such re­ which would be wages if the services covered muneration is attributable had consti­ Revenue Code of 1954, as amended, must by the agreement constituted employment as be distinguished from the obligations defined in this section; and tuted employment. imposed on employers with respect to the (B) That the domestic corporation will (3) The terms “corporation”, “domes­ taxes under the Federal Insurance Con­ comply with such regulations relating to pay­ tic”, and “foreign”, as used in the reg­ tributions Act, the two are similar in ments and reports as the Secretary or his ulations in this part, have the meaning many respects. Accordingly, the regu­ delegate may prescribe to carry out the pur­ assigned by paragraphs (3), (4), and (5), lations in this part are prescribed as a poses of this subsection. respectively, of section 7701 (a). Sec­ supplement to the regulations (26 CFR (Sec. 3121 (1) (1) as added by sec. 209, Social tion 7701 (a) (3), (4), and (5) provides (1954), Part 31, Subpart B) relating to Security Amendments 1954) as follows: the employee tax and the employer tax § 36.3121 (1) (1)—1 Agreements en­ S ec. 7701. Definitions, (a) When used In imposed by the Federal Insurance Con­ tered into by domestic corporations with this title [Internal Revenue Code of 1954], tributions Act. The terms used in the respect to foreign subsidiaries— (a) In where not otherwise distinctly expressed or regulations in this part have the same manifestly incompatible with the intent general. (1) Any domestic corporation thereof— meaning, unless otherwise provided, as having one or more foreign subsidiaries when used in the regulations relating to • * * * • may request the district director to enter (3) Corporation. The term “corporation” the taxes imposed by such act. into an agreement for the purpose of includes associations, Joint-stock companies, (c) The regulations in this part con­ extending the Federal old-age and sur­ and insurance companies. stitute Part 36 of Title 26 of the Code of vivors insurance system established by (4) Domestic. The term “domestic” Federal Regulations. As used in the title II of the Social Security Act to cer­ when applied to a corporation * * * means regulations in this part, the word “Code” tain services performed outside the created or organized in the United States or means the Internal Revenue Code of United States by all citizens of the under the law of the United States or of 1954, as amended, and the term “Fed­ any State or Territory. United States who are employees of any (5) Foreign. The term “foreign" when eral Insurance Contributions Act” means such foreign subsidiary. See § 36.3121 chapter 21 of such Code. Each section applied to a corporation * * * means a cor­ (1) (8)—1, relating to the definition of poration * * * which is not domestic. of the regulations is preceded by the foreign subsidiary. Except as provided provision of the Code which it interprets. in §36.3121 (1) (5) —1, relating to the (b) Form and contents of agreement. All references to sections Of law are ref­ effect of the termination of an agree­ Form 2032 is the form prescribed for the erences to the Code unless otherwise ment entered into pursuant to the pro­ agreement authorized in section 3121 indicated. The number of each section visions of section 3121 (1), the district (1) (1). The agreement shall include of the regulations begins with 36 fol­ director shall, at the request of a do­ provisions substantially as follows: lowed by a decimal point (36.). Num­ mestic corporation, enter into such an (1) That the agreement shall apply bers which do not begin with 36 followed agreement on Form 2032 in any case to all services performed outside the by a decimal point are numbers of sec­ where a Form 2032 is executed, and sub­ United States by all citizens of the tions of law unless otherwise indicated. mitted to the district director, by the United States who are in the employ In identifying sections of regulations, the domestic corporation in the manner of the foreign subsidiary or subsidiaries symbol “§” is used. prescribed in this section. A domestic to which the agreement is made appli­ §36.3121 (1) (1) Statutory provi­ corporation may not have in effect at cable, but only to the extent that the re­ sions; agreements entered into "by do­ the same moment of time more than one muneration paid each employee for such mestic corporations with respect to agreement on Form 2032. services would constitute wages if paid foreign subsidiaries. (2) An agreement authorized in sec­by one employer for services performed Sec. 3121. Definitions. * • • tion 3121 (1) (1) may not be made ap­ in the United States; (1) Agreements entered into by domestic plicable to any services performed out­ (2) That the agreement shall not corporations vnth respect to foreign subsidi­ side the United States which would not apply to any services which constitute aries— (1) Agreement with respect to certain constitute employment, for purposes of employment within the meaning of employees of foreign subsidiaries. The Secre­ the taxes imposed under the Federal In ­ section 3121; tary or his delegate shall, at the request of surance Contributions Act, if the services (3) That the agreement shall become any domestic corporation, enter into an were performed within the United States. effective on the first day of the calendar agreement (in such form and manner as may be prescribed by the Secretary or his dele­ Thus, such an agreement shall have no quarter in which the Form 2032 is gate) with any such corporation which de­ application with respect to any services signed by the district director or on the sires to have the insurance system estab­ performed outside the United States first day of the next succeeding calendar lished by title n of the Social Security Act which, if performed within the United quarter, whichever is specified in the extended to service performed outside the States, would be specifically excepted agreement; United States in the employ of any one or from employment under any of the num­ (4) That the domestic corporation more-of its foreign subsidiaries (as defined bered paragraphs of section 3121 (b), or will pay, as required by the regulations in paragraph (8)) by all employees who are in this part, amounts equivalent to the citizens of the United States, except that the which, although not so excepted, would agreement shall not be applicable to any be deemed not to be employment by ap­ sum of the taxes which would be imposed service performed by, or remuneration paid plication of section 3121 (c), relating to by sections 3101 and 3111, respectively, to, an employee if such service or remunera­ included and excluded services. Fur­ if the remuneration for the services cov­ tion would be excluded from the term "em­ ther, an agreement may not be made ap­ ered by the agreement constituted ployment” or “wages”, as defined in this plicable with respect to any services per­ wages; section, had the service been performed in formed outside the United States which (5) That the domestic corporation the United States. Such agreement may be constitute employment, as defined in will pay, in accordance with written no­ amended at any time so as to be made ap­ tification and demand therefor to the plicable, in the same manner and under the section 3121 (b). Thus, an agreement same conditions, with respect to any other may not be made applicable to services domestic corporation, amounts equiva­ foreign subsidiary of such domestic corpora­ for any employer performed by any em­ lent to the interest, additions to the tion. Such agreement shall be applicable ployee on or in connection with an taxes, additional amounts, and penalties with respect to citizens of the United States American vessel or American aircraft which would be applicable if the remun­ who, on or after the effective date of the when outside the United States, if (i) eration for services covered by the agree­ agreement, are employees of and perform performed under a contract of service ment constituted wages; and services outside the United States for any (6) That the domestic corporation foreign subsidiary specified in the agreement. which is entered into within the United Such agreement shall provide— States or (ii) during the performance will comply with all provisions of the (A) That the domestic corporation shall of which and while the employee is em­ regulations in this part. pay to the Secretary or his delegate, at such ployed on the vessel or aircraft it touches (c) Execution and filing of Form 2032. time or times as the Secretary or his delegate at a port in the United States, because The request of any domestic corpora­ may by regulations prescribe, amounts tion that the district director enter into equivalent to the stun of the taxes which such services constitute employment as would be imposed by sections 3101 and 3111 defined in section 3121 (b). An agree­ an agreement with the corporation on (including amounts equivalent to the inter­ ment may not be made applicable to re­ Form 2032 shall be signified by the cor- Thursday, September 8, 1955 FEDERAL REGISTER 6579

poration by executing and filing Form <1)-1>, or any amendment thereof (as been so performed. P incurs no liability 2032 in triplicate with the district direc­ provided in §36.3121 (1) ( l) -2 ) , incurs with respect to remuneration paid B for tor for the district in which is located liability under the agreement in respect services performed for S-4 prior to October 1, the principal place of business in the of certain remuneration paid by each 1955. However, P incurs liability under its United States of the domestic corpo­ foreign subsidiary named in the agree­ agreement with respect to the $1,500 paid B ration. Such form shall be executed in in October, November, and December 1955, ment, or any amendment thereof. for services performed in these months. accordance with the regulations in this Liability is incurred in respect of the Since the remuneration paid to B for services part and the instructions relating to the remuneration paid to all those employees performed during the first nine months of form. Each copy of the form shall be of the foreign subsidiaries who are citi­ 1955 is not covered by the agreement, such signed and dated by the officer of the zens of the United States and who per­ remuneration is not taken into account in corporation authorized to enter into the form services outside the United States computing the $4,200 limitation or the liabil­ agreement, shall show the title of such (other than services which constitute ity under the agreement. officer, and shall have the corporate Example (3). Assume the same facts as hi employment) for the foreign subsidiar­ example (2) except that B’s services for S-4 seal affixed thereto. A certified copy of ies. However, liability is incurred only during December 1955 are performed in con­ the minutes of the meeting of the board with respect to that portion of such re­ nection with the production or harvesting of directors of the domestic corporation, muneration paid by the foreign subsid­ of crude gum (oleoresin) and that such or other evidence, showing the authority iary which is attributable to services per­ services if performed within the United of such officer so to act shall accompany formed during the period for which the States would be excepted from employment. the forrp. Form 2032 executed and filed agreement is in effect with respect to See section 3121 (b) (1) (A). Accordingly, as provided in this paragraph shall be P incurs no liability under the agreement such subsidiary, and then only to the with respect to the $500 paid in December signed and dated by the district director extent that the remuneration would con­ 1955 for such services. and, upon such signing, the Form 2032 stitute wages if the services to which the so executed and filed will constitute the remuneration is attributable were per­ (3) Determination of liability. The agreement authorized in section 3121 (1) formed in the United States. Liability amount of the liability referred to in (1). The district director will return with respect to such remuneration is in­ subparagraph (1) of this paragraph in­ one copy of the agreement to the domes­ curred in an amount equivalent to the curred by a domestic corporation for any tic corporation, will transmit one copy sum of the employee and employer taxes period shall be determined in the same to the Department of Health, Education, which would be imposed by sections 3101 manner as liability for the employee tax and Welfare, and will retain one copy and 3111, respectively, if such remunera­ and for the employer tax imposed by (together with all related papers). tion constituted wages. If an individual the Federal Insurance Contributions Act § 36.3121 (1) (1)—2 Amendment of performs services for more than one of is determined, pursuant to regulations agreem ent, (a) An agreement entered the foreign subsidiaries named in an relating to the taxes under such act as into by a domestic corporation as pro­ agreement, including any amendment in effect for the same period, with respect vided in §36.3121 (1) (1)-1 may be thereof, such services are regarded as to wages paid by an employer to an amended so as to be made applicable, in being performed in the employ of a employee. the same manner and under the same single employer for purposes of deter­ (b) Liability for amounts equivalent conditions, with respect to any one or mining the amount of the remuneration to interest or penalties. A domestic cor­ more of the foreign subsidiaries of the for such services which would consti­ poration which has entered into an domestic corporation not previously tute wages if the services were performed agreement as provided in § 36.3121 (1) named in the agreement. See para­ in the United States. See § 36.3121 (1) (1) —1 also incurs liability under the graph (b) of § 36.3121 (1) (2 )-l, relating (9)-l, relating to the treatment of a agreement for amounts equivalent to to the effective period of an amendment domestic corporation as a separate entity the amount of interest, additions to the of an agreement. in its capacity as a party to an agree­ taxes, additional amounts, and penalties, (b) Form 2032 Supplement is the ment. which would be applicable if the remu­ form prescribed for use in amending an (2) Examples. The application ofneration for services covered by the agreement entered into by a domestic subparagraph (1) of this paragraph may agreement constituted wages. corporation as provided in § 36.3121 (1) be illustrated by the following examples: (c) Deductions from employees* re­ muneration. There is no obligation to CD-I. Example (J). P, a domestic corporation, (c) A domestic corporation shall sig­ has entered into an agreement as provided deduct, or cause to be deducted, from nify its desire to amend an agreement In §36.3121 (1) (1 )-1 , effective with respect the remuneration of any employee of a entered into by the corporation as pro­ to services performed on and after January foreign subsidiary any part of the vided in § 36.3121 (1) (1) —1 by executing 1, 1955. Three foreign subsidiaries, S -l, S-2, amount due from a domestic corpora­ and filing Form 2032 Supplement in trip­ and S-3 are named in the agreement. A, a tion under its agreement. Whether citizen of the United States, is employed such deduction shall be made is a matter licate with the district director for the during 1955 by S -l, S-2, and S-3, for the district in which is located the principal performance outside the United States of for settlement between the employee and place of business in the United States of services covered by the agreement. In 1955 the domestic corporation or such other the domestic corporation. A is paid remuneration of $2,500 for such person as may be concerned. (d) Form 2032 Supplement shall be services by each of the foreign subsidiaries. (d) Cross reference. For other obli­ executed and filed in the manner and in The circumstances are such that the entire gations of a domestic corporation under $7,500 would constitute wages if the services conformity with the requirements pre­ had been performed in the United States. an agreement, see § 36.3121 (1) (10)-1. scribed in paragraph (c) of § 36.3121 (1): However, only $4,200 of such remuneration § 36.3121 (1) (2) Statutory provi­ (1) —1 in respect of an agreement on would constitute wages if the services had Form 2032. Form 2032 Supplement exe­ been performed in the United States for a sions; effective period of agreement. cuted and filed as provided in this para­ single employer, and it is with respect to this Sec. 3121. Definitions. * * • graph shall be signed and dated by the amount only that P incurs liability under its (1) Agreements entered into "by domestic district director, and, upon such signing, agreement. corporations with respect to foreign subsidi­ Example (2). On August 1, 1955, P, the aries. * • * the Form 2032 Supplement so executed domestic corporation in the preceding ex­ (2) Effective period of agreement. An and filed will constitute an amendment ample, amends its agreement to include agreement entered into pursuant to para­ of the agreement entered into on Form therein its foreign subsidiary S-4. The graph (1) shall be in effect for the period 2032. The district director will return amendment is in effect with respect to S-4 beginning with the first day of the calendar one copy of the amendment to the do­ for the period beginning with October 1, quarter in which such agreement is entered mestic corporation, will transmit one 1955. B, a citizen of the United States, is into or the first day of the succeeding calen­ copy to the Department of Health, Edu­ employed by. S-4 throughout 1955 for the dar quarter, as may be specified In the cation, and Welfare, and will retain one performance of services outside the United agreement, but in no case prior to January States. B is paid remuneration of $500 in 1, 1955; except that in case such agreement copy (together with all related papers). each month of 1955 for these services. The is amended to include the services performed § 36.3121 (1) (D —3 Effect of agree­ circumstances are such that the first $4,200 for any other subsidiary and such amend­ ment— (a) Liability for amounts equiv­ of such remuneration would constitute wages ment is executed after the first month fol­ if the services had been performed in the lowing the first calendar quarter for which alent to tax— (1) In general. A domestic United States, and, except for the $4,200 limi­ the agreement is in effect, the agreement corporation which has entered into an tation, the remainder of such remuneration shall be in effect with respect to service agreement (as provided in § 36.3121 (1) would constitute wages if the services had performed for such other subsidiary only 6580 RULES AND REGULATIONS after the calendar quarter in which such tion. (D À domestic corporation which § 36.3121 (1) (1)-1 is in effect with re­ amendment is executed. has entered into an agreement under spect to a foreign corporation is auto­ (Sec. 3121 (1) (2) as added by sec. 209, section 3121 (1) (1) with respect to one matically terminated at the end of the Social Security Amendments 1954) or more of its foreign subsidiaries may calendar quarter in which the foreign terminate such agreement in part or in corporation ceases, at any time in such § 36.3121 (1) <2)—1 Effective period its entirety by giving (to the district quarter, to be a foreign subsidiary of the of agreement—(a) In general. An director for the district in which is lo­ domestic corporation. See § 36.3121 (1) agreement entered into as provided in cated the principal place of business in (8)-l, relating to definition of foreign § 36.3121 (1) (1)—1 shall be in effect for the United States of the domestic cor­ subsidiary. the period beginning with the first day poration) 2 years’ advance notice in (2) A domestic corporation which has of the calendar quarter in which the writing of its desire so to terminate the entered into an agreement as provided agreement is signed by the district di­ agreement at the end of a specified cal­ in § 36.3121 (1) (1) —1 shall furnish to the rector, or the first day of the calendar endar quarter: Provided, That, at the district director for the district in which quarter following the calendar quarter time of the receipt of such notice by the is located its principal place of business in which the agreement is signed by the district director, the agreement has been in the United States written notification district director, whichever is specified in effect with respect to the subsidiary in the event that a foreign corporation in the agreement. In no case, however, or subsidiaries covered by the notice for named in the agreement, including any shall the agreement be effective for any at least 8 years. The notice of termina­ amendment thereof, as a foreign sub­ calendar quarter which begins prior to tion shall be signed and dated and shall sidiary of the domestic corporation January 1, 1955. show (i) the title of the officer author­ ceases to be its foreign subsidiary. The (b) Amendment of agreement. If anized to sign the notice, (ii) the name, ad­ written notification shall be furnished amendment on Form 2032 Supplement dress, and identification number of the in duplicate on or before the last day (filed by a domestic corporation to in­ domestic corporation, (iii) the district of the first month following the close clude in its agreement services per­ director with whom the agreement was of the calendar quarter in which the for­ formed for a foreign subsidiary not pre­ entered into, (iv) the name and address eign corporation ceases, at any time in viously named therein) is signed by the of each foreign subsidiary with respect such quarter, to be a foreign subsidiary district director within the quarter for to which the agreement is to be termi­ of the domestic corporation. Such noti­ which the agreement is first effective or nated, (v) the date on which the agree­ fication shall be signed and dated by within the first calendar month follow­ ment became effective with respect to the president or other principal officer ing such quarter, the agreement shall be each such foreign subsidiary, and (vi) of the domestic corporation. The writ­ effective with respect to the subsidiary the date on which the agreement is to be ten notification shall show (i) the title named in the amendment as of the date terminated with respect to each such of the officer signing the notice, (ii) such agreement first became effective. foreign subsidiary. The notice shall be the name, address, and identification However, if the amendment is signed by submitted in duplicate and shall be ac­ number of the domestic corporation, (iii) the district director after the last day of companied by a certified copy of the the district director with whom the the fourth month for which the agree­ minutes of the meeting of the board of agreement was entered into, (iv) the ment is in effect, such agreement shall directors of the domestic corporation, date on which the agreement was en­ be in effect with respect to the subsid­ or other evidence, showing authoriza­ tered into, (v) the name and address of iary named in the amendment for the tion for the notice of termination. No the foreign corporation with respect to period beginning with the first day of particular form is prescribed for the no­ which the notification is furnished, and the calendar quarter following the calen­ tice of termination. The district direc­ (vi) the date on which the foreign cor­ dar quarter in which the amendment is tor will transmit one copy of the notice poration ceased to be a foreign subsidi­ signed by the district director. of termination to the Department of ary of the domestic corporation. No § 36.3121 (1) (3) Statutory provi­ Health, Education, and Welfare. particular form is prescribed for the sions; termination of period by a do­ (2) A notice of termination given by awritten notification. The district di­ mestic corporation. domestic corporation in respect of any rector will transmit one copy of the written notification to the Department Sec. 3121. Definitions. * * * one or more of its foreign subsidiaries (1) Agreements entered into i>y domestic may be revoked by the corporation with of Health, Education, and Welfare. corporations with respect to foreign subsidi­ respect to' any such subsidiary or sub­ § 36.3121 (1) (4) Statutory provisions; aries. * * * sidiaries by giving, prior to the close of termination of period by Secretary. (3) Termination of period by a domesticthe calendar quarter specified in the no­ corporation. The period for which an agree­ S ec. 3121. Definitions. * * * tice of termination, written notice of (1) Agreements entered into by domestic ment entered into pursuant to paragraph revocation. The notice of revocation (1) of this subsection is effective may be corporations with respect to foreign sub­ terminated with respect to any one or more shall be filed with the district director sidiaries. * * * of its foreign subsidiaries by the domestic with whom the notice of termination was (4) Termination of period by Secretary. corporation, effective at the end of a cal­ filed. Such notice of revocation shall be It the Secretary or his delegate finds that endar quarter, upon giving two years’ ad­ signed and dated and shall show (i) the any domestic corporation which entered into vance notice in writing, but only if, at the title of the officer authorized to sign the an agreement pursuant to this subsection time of the receipt of such notice, the agree­ notice of revocation, (ii) the name, ad­ has failed to comply substantially with the ment has been in effect for a period of not dress, and identification number of the terms of such agreement, the Secretary or less than eight years. The notice of termi­ his delegate shall give such domestic cor­ nation may be revoked by the domestic cor­ domestic corporation, (iii) the name poration not less than sixty days’ advance poration by giving, prior to the close of the and address of each foreign subsidiary notice in writing that the period covered by calendar quarter specified in the notice of with respect to which the notice of ter­ such agreement will terminate at the end termination, a written notice of such revo­ mination is revoked, and (iv) the date of the calendar quarter specified in such cation. Notice of termination or revocation of the notice of termination to be re­ notice. Such notice of termination may be thereof shall be filed in such form and voked. The notice shall be submitted in revoked by the Secretary or his delegate by manner as may be prescribed by regulations. giving, prior to the close of the calendar duplicate and shall be accompanied by a quarter specified in the notice of termina­ Notwithstanding any other provision of certified copy of the minutes of the this subsection, the period for which any tion, written notice of such revocation to the such agreement is effective with respect to meeting of the board of directors of the domestic corporation. No notice of termina­ any foreign corporation shall terminate at domestic corporation, or other evidence, tion or of revocation thereof shall be given the end of any calendar quarter in which showing authorization for the notice of under this paragraph to a domestic corpora­ the foreign corporation, at any time in such revocation. No particular form is pre­ tion without the prior concurrence of the quarter, ceases to be a foreign subsidiary as scribed for the notice of revocation. The Secretary of Health, Éducation, ând Welfare. defined in paragraph (8). district director will transmit one copy (Sec. 3121 (1) (4) as added by sec. 209, (Sec. 3121 (1) (3) as added by sec. 209, Social of the notice of revocation to the De­ Social Security Amendments 1954) Security Amendments 1954) partment of Health, Education, and Welfare. § 36.3121 (1) (4 )-l Termination of § 36.3121 (1) (3>-l Termination of (b) Termination by reason of changeagreement by Commissioner—(a) Notice agreement by domestic corporation or in stock ownership. (1) The period for of termination. The period for which an by reason o f change in stock ovmership— which an agreement entered into by a agreement entered into with a domestic (a) Termination by domestic cor pora- domestic corporation as provided in corporation as provided in § 36.3121 (1) Thursday, September 8, 1955 FEDERAL REGISTER 6581

(1) —1 is in effect may be terminated by which is a foreign subsidiary of the do­ his delegate, through the Fiscal Service of the Commissioner, with the prior con­ mestic corporation. the Treasury Department, but only if a currence of the Secretary of Health, (b) Partial termination of agreement.claim for such overpayment is filed with Education, and Welfare, upon a finding (1) If the effective period of an agree­ the Secretary or his delegate within two years from the time such overpayment was by the Commissioner that the domestic ment entered into by a domestic corpo­ made. corporation has failed to comply sub­ ration as provided in § 36.3121 (1) (1) —1 stantially with the terms of the agree­ is terminated by the domestic corpora­ (Sec. 3121 (1) (7) as added by sec. 209, ment. The Commissioner shall give the tion, pursuant to paragraph (a) of Social Security Amendments 1954) corporation not less than 60 days’ ad­ § 36.3121 (1) (3) —1, with respect to one §36.3121(1) (7) —1 Overpayments and vance notice in writing that the period or more foreign subsidiaries named in underpayments— (a) Adjustments— (1) for which the agreement is in effect will the agreement, including any amend­ In general. Errors in the payment of terminate at the end of the calendar ment thereof, the period for which the amounts for which liability equivalent quarter specified in the notice of ter­ agreement is in effect will continue with to the employee and employer taxes with mination. respect to any other foreign subsidiary respect to any payment of remuneration (b) Revocation of notice of termina­or subsidiaries named in the agreement is incurred by a domestic corporation tion. A notice of termination given to a (or amendment). However, the agree­ pursuant to its agreement are adjustable domestic corporation by the Commis­ ment may not thereafter be. amended to by the domestic corporation in certain sioner may be revoked by the Commis­ include any foreign subsidiary with re­ cases without interest. However, not all sioner, with the prior concurrence of the spect to which the effective period of the corrections made under this section con­ Secretary of Health, Education, and agreement has been terminated. stitute adjustments within the meaning Welfare, by giving written notice of rev­ (2) If the effective period of an agree­of the regulations in this part. The ocation to the corporation prior to the ment entered into by a domestic corpo­ various situations in which such correc­ close of the calendar quarter specified in ration as provided in § 36.3121 (1) (1)—1 tions constitute adjustments are set the notice of termination. is terminated automatically by reason of forth in subparagraphs (2) and (3) of § 36.3121 (1) (5) Statutory provi­ a change in stock ownership (see para­ this paragraph. All corrections in re­ sions; no renewal of agreement. graph (b) of § 36.3121 (1) (3) —1) with spect of underpayments and all adjust­ respect to a foreign corporation which ments or credits in respect of overpay­ S ec . 3121. Definitions. • * * has ceased to be a foreign subsidiary of (1) Agreements entered into "by domestic ments made under this section must be corporations with respect to foreign sub­ the domestic corporation, but the period reported on a return filed by the domes­ sidiaries. * * * for which the agreement is in effect con­ tic corporation under the regulations in (5) No renewal of agreement. If anytinues with respect to one or more other this part and not on a return filed with agreement entered Into pursuant to para­ foreign subsidiaries, the agreement may respect to the employee and employer graph (1) of this subsection is terminated not thereafter be amended to include taxes imposed by sections 3101 and In its entirety (A) by a notice of termina­ such foreign corporation even though 3111, respectively. Every return on tion filed by the domestic corporation pur­ the foreign corporation may again be­ which such a correction (by adjustment, suant to paragraph (3), or (B) by a notice come a foreign subsidiary of the domestic of termination given by the Secretary or his credit, or otherwise) is reported pur­ delegate pursuant to paragraph (4), the do­ corporation. suant to this section must have securely mestic corporation may not again enter into § 36.3121 (1) (6) Statutory provi­ attached as a part thereof a statement an agreement pursuant to paragraph (1) . sions; deposits in trust fund. explaining the error in respect of which If any such agreement is terminated with the correction is made, designating the respect to any foreign subsidiary, such agree­ S ec . 3121. Definitions. * * * (1) Agreements entered into by domestic calendar quarter in which the error was ment may not thereafter be amended so as ascertained, and setting forth such other again to make it applicable with respect to corporations with respect to foreign subsid­ such subsidiary. iaries. * * * information as would be required if the (6) Deposits in trust fund. For purposescorrection were in respect of an overpay­ (Sec. 3121 (1) (5) as added by sec. 209, Social of section 201 of the Social Security Act, re­ ment or underpayment of taxes under Security Amendments 1954) lating to appropriations to the Federal Old- the Federal Insurance Contributions Act. §36.3121 (1) (5) —1 Effect of termina­ Age and Survivors Insurance Trust Fund, An error is ascertained when the domes­ such remuneration— tion— (a) Termination of entire agree­ (A) Paid for services covered by an agree­ tic corporation has sufficient knowledge ment. (1) If the effective period of an ment entered into pursuant to paragraph (1) of the error to be able to correct it. An agreement entered into by a domestic as would be wages if the services constituted underpayment may not be corrected un­ corporation as provided in § 36.3121 (1) employment, and der this section after receipt from the (1)—1 is terminated by the domestic cor­ (B) As is reported to the Secretary or his district director of written notification of poration, pursuant to paragraph (a) of delegate'pursuant to the provisions of such the amount due and demand for pay­ § 36.3121 (1) (3)—1, with respect to all agreement or of the regulations issued under ment thereof, but the amount shall be foreign subsidiaries named in the agree­ this subsection, paid in accordance with such notifica­ ment, including any amendment thereof, shall be considered wages subject to the tion. an agreement may not again be entered taxes imposed by this chapter [chapter 21, (2) Underpayments. If a domestic into by the domestic corporation under I. R. C. 1954]. corporation fails to report, on a return the provisions of section 3121 (1) (1), (Sec. 3121 (1) (6) as added by sec. 209, Social filed under the regulations in this part, (2) If the effective period of an agree­ Security Amendments 1954) all or any part of the amount for which ment entered into by a domestic cor­ liability equivalent to the employee and poration as provided in § 36.3121 (1) § 36.3121 (1) (7) Statutory provi­ employer taxes is incurred under its (1) —1 is terminated by the Commis­ sions; overpayments and underpay­ agreement with respect to any payment sioner, pursuant to paragraph (a) of ments. of remuneration, the domestic corpora­ § 36.3121 (1) (4) —1, an agreement may S ec. 3121. Definitions. * * * tion shall adjust the underpayment by not again be entered into by the domestic (1) Agreements entered into by domestic reporting the additional amount due as corporation under the provisions of sec­ corporations with respect to foreign sub­ an adjustment on a return or supple­ tion 3121 (1) (1). sidiaries. * * * . (7) Overpayments and underpayments. mental return filed on or before the last (3) If the effective period of an agree­ (A) If more or less than the correct amount day on which the return for the return ment entered into by a domestic corpo­ due under an agreement entered into pur­ period in which the error is ascertained ration as provided in § 36.3121 (1) (1)—1 suant to this subsection is paid with re­ is required to be filed. The amount of is terminated automatically by reason spect to any payment of remuneration, each underpayment adjusted in accord­ proper adjustments with respect to the of a change in stock ownership (see par­ ance with this subparagraph shall be agraph (b) of § 36.3121 (1) (3 )-l) with amounts due under such agreement shall respect to all foreign corporations named be made, without interest, in such manner paid to the district director, without in the agreement, including any amend­ and at such times as may be required by interest, at the time fixed for reporting regulations prescribed by the Secretary or the adjustment. If an adjustment is ment thereof, a new agreement may be his delegate. entered into by the domestic corpora­ (B) If an overpayment cannot be ad­ reported pursuant to this subparagraph tion, as provided in § 36.3121 (1) (1) —1, justed under subparagraph (A), the amount but the amount thereof is not paid when with respect to any foreign corporation thereof shall be paid by the Secretary or due, interest thereafter accrues. 6582 RULES AND REGULATIONS

(3) Overpayments. If a domestic (including the amount of any interest or Example (1). P, a domestic corporation, addition) is paid to the district director owns 51 percent of the voting stock of S-l, corporation pays more than the amount a foreign corporation. S -l owns 51 percent for which liability equivalent to the and the amount of the overpayment is of the voting stock of S-2, a foreign corpora­ employee and employer taxes is incurred not adjusted under paragraph (a) (3) tion. S-2 owns 51 percent of the voting under its agreement with respect to any of this section, the domestic corporation stock of S-3, a foreign corporation. S -l and payment of remuneration, the domestic may file a claim for refund or credit. S-2 are foreign subsidiaries of P for purposes corporation may correct the error, sub­ Except as otherwise provided in this sub- of the regulations in this part. Since ject to the requirements and under the paragraph, such claim shall be made in neither P nor S -l owns more than 50 percent conditions stated in this paragraph, by the same manner and subject to the same of the voting stock of S-3, S-3 is not a foreign conditions as to allowance of the claim subsidiary of P within the meaning of these deducting the amount of the overpay­ regulations. ment from the amount of liability re­ as would be the case if the claim were in Example (2). Assume the same facts as ported on a return filed by the domestic respect of an overpayment of taxes under those stated in example (1) except that S-l corporation, except that— the Federal Insurance Contributions Act. transfers to P one-half of its ownership of (1) A correction may not be made in Refund or credit of an amount erro­ the voting stock of S-2, P owns no other respect of any part of an overpayment neously paid by a domestic corporation voting stock of S-2. Accordingly, after the which was collected from an individual under its agreement may be allowed only transfer, P and S -l together own more than by reason of the agreement unless the to the domestic corporation. 50 percent of the voting stock of S-2, but (ii) Any claim filed under this sub- neither P nor S -l alone owns more than domestic corporation (a) has r e p a id the 50 percent of such stock. S-2 ceases to be a amount so collected to the individual, has paragraph shall be plainly marked foreign subsidiary of P when such transfer secured the written receipt of the in­ “Claim under section 3121 (1).” is effected. dividual showing the date and amount (iii) No refund or credit of an over­ of the repayment, and retains such re­ payment of the amount due from a do­ (c) The term “stock”, as used in the ceipt as a part of its records, or (b) mestic corporation under its agreement regulations in this part, has the meaning has reimbursed the individual by reduc­ will be allowed after the expiration of assigned by paragraph (7) of section ing the amounts which otherwise should 2 years after the date of payment to the 7701 (a ). Section 7701 (a) (7) pro­ have been deducted from his remunera­ district director of such overpayment, vides as follows: tion by reason of the agreement; and except upon one or more of the grounds S ec . 7701. Definitions, (a) When used in (ii) A correction may not be made inset forth in a claim filed prior to the this title [Internal Revenue Code of 1954], one calendar year in respect of any part expiration of such 2-year period, where not otherwise distinctly expressed or of an overpayment which was collected (c) Deductions from employees’ re­manifestly incompatible with the intent from an individual in a prior calendar muneration. If a domestic corporation thereof— year unless the domestic corporation deducts, or causes to be deducted, from the remuneration of an individual for (7) Stock. The term “stock” includes has secured the written statement of the shares in an association, joint-stock com­ individual showing that he has not services covered by the agreement pany, or insurance company. claimed and will not claim refund or amounts which are more or less than the credit of the amount so collected, and employee tax which would be deductible (d) Ownership of the voting stock retains such receipt as a part of its therefrom if such remuneration consti­ of a foreign corporation which is a for­ records. See §31.6413 (0-1 of this tuted wages, any repayment to the indi­ eign subsidiary of a domestic corporation chapter, relating to claims for special vidual (except to the extent otherwise may be transferred from the domestic credit or refund. provided in this section), or further corporation to another foreign subsidi­ collection from the individual, in re­ ary of the domestic corporation, from The correction constitutes an adjust­ spect of such deduction is a matter for one foreign subsidiary of the domestic ment under this subparagraph only if it settlement between the individual and corporation to another, or from a for­ is reported on the return for the period the domestic corporation or such other eign subsidiary of the domestic corpo­ in which the error is ascertained or on person as may be concerned. ration to the domestic corporation itself the return for the next following period, without affecting the status of the for­ and then only if the correction is re­ § 36.3121 (1) (8) Statutory provi­ sions; definition of foreign subsidiary. eign corporation as a foreign subsidiary ported within the statutory period of of the domestic corporation, provided limitation upon refund or credit of over­ Sec. 3121. Definitions. * * * that more than 50 percent of the voting payments of amounts due under the (1) Agreements entered into "by domestic agreement. See paragraph (b) (2) (iii) corporations with respect to foreign sub­ stock of such foreign corporation is at of this section relating to such statutory sidiaries. * * * all times owned either (1) by the do­ period. A claim for credit or refund may (8) Definition of foreign subsidiary. Formestic corporation, or (2) by a foreign purposes of this subsection * * * a foreign corporation more than 50 percent of be filed in accordance with the provisions subsidiary of a domestic corporation is— of paragraph (b) (2) of this section for (A) A foreign corporation more than 50 the voting stock of which is owned by any overpayment of an amount due percent of the voting stock of which is the domestic corporation. under the agreement which is not ad­ owned by such domestic corporation; or § 36.3121 (1) (9) Statutory provi­ justed under this subparagraph. (B) A foreign corporation more than 50 (b) Errors not adjustable— (1) Un­ percent of the voting stock of which is owned sions; domestic corporation as separate derpayments. If a domestic corporation by the foreign corporation described in sub- entity. paragraph (A). fails to report all or any part of the S ec. 3121. Definitions. * * * amount for which liability equivalent to (Sec. 3121 (1) (8) as added by sec. 209, Social (1) Agreements entered into by domestic the employee and employer taxes is in­ Security Amendments 1954) corporations with respect to foreign subsidi­ aries. * * * curred under its agreement with respect §36.3121(1) (8) —1 Definition of for­ (9) Domestic corporation as separate en­ to any payment of remuneration, and eign subsidiary, (a) A foreign corpora­ tity. Bach domestic corporation which such underpayment is not reported as an tion is a foreign subsidiary of a domestic enters into an agreement pursuant to para­ adjustment within the time prescribed corporation, within the meaning of the graph (1) of this subsection shall, for pur­ by paragraph (a) (2) of this section, the regulations in this part, if— poses of this subsection and section 6413 amount of such underpayment shall be (1) More than 50 percent of the vot­ (c) (2) (C), relating to special refunds in reported on the domestic corporation’s the case of employees of certain foreign ing stock of the foreign corporation is corporations, be considered an employer in next return, or shall be reported imme­ owned by the domestic corporation; or its capacity as a party to such agreement diately on a supplemental return for the (2) More than 50 percent of the vot­ separate and distinct from its identity as a return period in which such payment of ing stock of the foreign corporation is person employing individuals on its own remuneration was made. The reporting owned by a second foreign corporation account. of an underpayment under this subpara­ and more than 50 percent of the voting (Sec. 3121 (1) <9) as added by sec. 209, graph does not constitute an adjustment stock of the second foreign corporation Social Security Amendments 1954) without interest. is owned by the domestic corporation. (2) Overpayments, (i) If more than (b) The application of paragraph (a) § 36.3121 (1) (9)-1 Domestic corpora­ the correct amount due from a domestic of this section may be illustrated by the tion as separate entity. A domestic cor­ corporation pursuant ta its agreement following examples; poration which enters into an agreement Thursday, September 8, 1955 FEDERAL REGISTER 6583 as provided in § 36.3121 (1) (1)-1 shall, (relating to identification number, ae*- TITLE 32— NATIONAL DEFENSE for purposes of the regulations in this count numbers, wage information state­ part and for purposes of section 6413 (c) ments to employees, record keeping, etc.) Chapter XIV— The Renegotiation (2) (C), relating to special credits or imposed on an employer for any period Board refunds, be considered an employer in with respect to the taxes imposed by the its capacity as a party to such agreement Federal Insurance Contributions Act are Subchapter B— Renegotiaton Board Regulations separate and apart from its identity as hereby made applicable to a domestic Under the 1951 Act an employer incurring liability for the corporation with respect to its obliga­ P art 1467—Mandatory E xemption op employee tax and employer tax on the tions and liabilities, for the same period, Contracts and S ubcontracts for wages of its own employees. Thus, if a under an agreement entered into as pro­ S tandard Commercial Articles or citizen of the United States performs vided in § 36.3121 (1) (1)-1. S ervices services in employment for the domestic corporation and at any time within the § 36.3121 (1) (10)-2 Identification— TIME FOR FILING STANDARD COMMERCIAL same calendar year performs services (a) Domestic corporation. A domestic SERVICE REPORTS UNDER THE RENEGOTIA­ covered by the agreement as an em­ corporation which has secured, or is re­ TION ACT OF 1 9 5 1 , AS AMENDED 1 ployee of one or more foreign subsidiaries quired to secure, an identification num­ ber as an employer having in its employ Every person having a fiscal year named therein, the limitation on wages which ended in 1954 shall be entitled to provided in section 3121 (a) (1) has one or more individuals in employment for wages is not required to secure an file a Standard Commercial Service Re­ application separately as to the wages port for such fiscal year at any time be­ for employment performed in the employ identification number under the regula­ tions in this part. fore October 1, 1955, provided that the of the domestic corporation and as to financial statement for such fiscal year the remuneration for services covered by (b) Employees. Every employee per­ forming services covered by an agree­ required of such person by section 105 the agreement performed in the employ (e) (1) of the Renegotiation Act of 1951, of such foreign subsidiary or subsidiaries. ment shall have the same duties in re­ spect of an account number as would be as amended, shall have been filed before, All services covered by the agreement or is filed with, such report. whether performed in the employ of one the case if the employee were performing services in employment for the domestic (Sec. 109, 65 Stat. 22; 50 U. S. C. App. Sup. or more than one such foreign subsidiary 1219) are regarded for purposes of the wage corporation. limitation as having been performed in §36.3121 (1) (10)-3 Returns, (a) Dated: September 2, 1955. the employ of the domestic corporation The forms prescribed for use in making F rank L. R oberts, in its separate capacity as a party to the returns of the taxes imposed by the Fed­ Chairman. agreement. Similarly, any remunera­ eral Insurance Contributions Act (ex­ tion for such services which, if the serv­ cept any forms particularly prescribed [P. R. Doc. 55-7262; Piled, Sept. 7, 1955; ices were performed in the United States, for use by household employers or by 8:49 a. m.] would be excluded from wages unless a employers filing returns in Puerto Rico certain amount of such remuneration is or the Virgin Islands) shall be used by a paid by a single employer within a speci­ domestic corporation in making returns TITLE 50— WILDLIFE fied period (for example, remuneration of its liability under an agreement en­ for agricultural labor) is regarded, for Chapter I——Fish and Wildlife Service, tered into as provided in § 36.3121 (1) Department of the Interior purposes of determining whether the (1) —1. Returns of such liability shall domestic corporation incurs liability be made separate and apart from any Subchapter F— Alaska Commercial Fisheries under its agreement with respect to such returns required of the domestic corpo­ P art 108—K odiak Area remuneration, as having been paid by ration in respect of the taxes imposed the domestic corporation in its separate by the Federal Insurance Contribu­ P art 122—S outheastern Alaska Area, capacity as a party to the agreement. tions Act. The domestic corporation Clarence S trait D istrict, S almon All remuneration received by an em­ shall plainly mark “3121 (1) Agreement” F isheries ployee for services covered by the agree­ at the top of each return, each detach­ additional fishing tim e ment is deemed, for purposes of the able schedule thereof, and each paper or special credit or refund provisions con­ document constituting a part of the re­ Basis and purpose. On the basis of tained in section 6413 (c ), to have been turn, filed by the domestic corporation expected good salmon runs in certain received from the domestic corporation pursuant to the regulations in this part. areas of Alaska, it has been determined as an employer in its separate capacity Returns required under the regulations that additional fishing time can be per­ as a party to the agreement. in this part shall be made by the domes­ mitted. § 36.3121 (1) (10) Statutory provi­ tic corporation as if all services covered Therefore, effective immediately upon sions; regulations. by the agreement, whether performed in publication in the F ederal R egister: the employ of one or more than one for­ 1. Sections 108.3a, 108.3b, 108.3c, 108.4, Sec. 3121. Definitions. * * * and 108.5a are amended in text by (1) Agreements entered into "by domestic eign subsidiary, were performed in the corporations with respect to foreign sub­ employ of the domestic corporation as an changing “September 10” to “September sidiaries. * * * employer in its separate capacity as a 8, 1955.” (10) Regulations. Regulations of the party to the agreement. 2. Section 122.9 is amended in para­ Secretary or his delegate to carry out the graph

(f) The newness of a drug may arise of the United States (including the Na­ porter to an agency of the Government by reason (among other reasons) of: tional Research Council) or of any State of the United States (including the Na­ (1) The newness for drug use of any or municipality whose official functions tional Research Council) or of any State substance which composes such drug, in involve investigations of new drugs by or municipality whose official functions whole or in part, whether it be an active such experts. involve investigations of new drugs by substance or a menstruum, excipient, (4) Such person retains in his filessuch experts. carrier, coating, or other component. the statement referred to in subpara­ (5) Such importer retains in his files (2) The newness for drug use of a graph (3) of this paragraph, together the statement referred to in subpara­ combination of two or more substances, with complete records showing the date, graph (4) of this paragraph and com­ none of which is a new drug. quantity, and batch or code mark (if plete records showing the date, quantity, (3) The newness for drug use of the any) of each such shipment and de­ and batch or code marks (if any) of each proportion of a substance in a combina­ livery, until 3 years after the introduc­ such shipment and delivery and the dis­ tion, even though such combination con­ tion or delivery for introduction of such position thereof, until 3 years after dis­ taining such substance in other propor­ shipment into interstate commerce. position by such importer of the lot of tion is not a new drug. Upon the request of any officer or em­ such drug to which the statements and (4) The newness of use of such drug ployee of the Department at any rea­ records relate. Upon the request of any in diagnosing, curing, mitigating, treat­ sonable hour, he makes the records re­ officer or employee of the Department at ing, or preventing a disease, or to affect ferred to in this subparagraph and in any reasonable hour, he makes the rec­ a structure or function of the body, even subparagraph (3) of this paragraph ords referred to in this subparagraph though such drug is not a new drug when available for inspection, and upon writ­ and in subparagraph (4) of this para­ used in another disease or to affect an­ ten request he submits such records to graph available for inspection, and upon other structure or function of the body. the New Drug Branch for examination. written request he submits such records (5) The newness of a dosage, or

\'e k 6588 PROPOSED RULE MAKING

To the (b) A full description of the facilities and (6) Five copies of each label and other New Drug Branch controls used for the manufacture, process­ labeling to be used for the drug. Pood and Drug Administration ing, and packing of the drug. (a) Each label, or other labeling, should Department of Health, Education, and Wel­ be clearly identified to show its position on, (Included in this description should be or the manner in which it accompanies, the fare full information on the following in sufficient Washington 25, D. O. market package. The labeling on or within detail to permit evaluation of the adequacy the market package should contain a state­ Dear Sir: of the described methods, facilities, and The undersigned, ______ment of all the conditions under which the controls to preserve the identity, strength, drug is to be used, except that if the article submits this application with respect to a quality, and purity of the drug.) new drug pursuant to section 505 (b) of the is limited to use under the professional (i) A description of the physical facilities supervision of a practitioner licensed by law Federal Pood, Drug, and Cosmetic Act. At­ including plant and equipment used in tached hereto, in duplicate, and constituting to administer the drug, such statement may manufacturing, processing, packing, and in some cases appear in a brochure or other a part of this application are the following: control operations. (1) Pull reports of all investigations that printed matter, specifically identified on the (ii) If the applicant does not himself per­ label, that will be supplied to such practi­ have been made to show whether or not the form all the manufacturing, processing, drug is safe for use. tioners. Pull information for use of the drug packing, and control operations, his state­ by practitioners should be a part of the mar­ (These reports should include detailed ment identifying each person who will per­ data derived from appropriate animal or ket package of injections among other drugs. other biological experiments in which the form a part of such operations and designat­ (b) Typewritten or other draft copies of ing the part; and a signed statement from proposed labeling may be accepted for pre­ methods used and the results obtained are each such person fully describing the clearly set forth. Reports of all clinical liminary consideration of an application pro­ tests by experts, qualified by scientific train­ facilities and controls he uses in his part of vided a statement is made that final printed ing and experience to evaluate the safety of the operations. labeling identical in content to the draft drugs, should be attached and should in­ (iii) Precautions to insure proper identity, copy will be submitted to complete the ap­ clude detailed information pertaining to strength, quality, and purity of the raw ma­ plication as soon as available and prior to each person treated, including age, sex, con­ terials, whether active or not, including the the marketing of the drug. ditions treated, dosage, frequency of admin­ specifications for acceptance of each lot of (7) The drug is (or is not) limited by istration, duration of administration of the raw material. this application to use under the professional drug, results of clinical and laboratory ex­ (iv) Whether or not each lot of raw mate­ supervision of a practitioner licensed by law aminations made, and a full statement of rials is given a serial number to identify it, to administer it. any adverse effects and therapeutic results and the use made of such numbers in sub­ sequent plant operations. (State whether or not the drug is to be observed. The submitted reports purport to limited to prescription use and summarize be complete and to be all the information (v) Method of preparation of formula card, and manner in which it is used. the reasons for the proposed pattern of available to the applicant, relating to the distribution.) safety or toxicity of the drug, unless the ap­ (vi) Number of individuals checking weight or volume of each individual in­ (8) If this is a supplemental application, plication explains any omissions that have full information on each proposed change been made. The complete composition and gredient entering into each batch of the drug. concerning any statement made in the effec­ method of manufacture of the drug vised in tive application. each experiment should be shown if they (vii) Whether or not the total weight or differ in any way from the description in volume of each batch is determined at any (After an application has. become effective, items (2), (3), and (4) of the application.) stage of the manufacturing process subse­ a supplemental application should be filed (2) A full list of the articles used as com­ quent to making up a batch according to the setting forth any proposed change in the ponents of the drug. formula card and at what stage and by whom conditions under which the drug is to be (This list should include all substances it is done. used, in the labeling thereof, in any circum­ used in the synthesis, extraction, or other (viii) Precautions to check the total num­ stance relating to its production, or in any method of preparation of the drug, regardless ber of finished packages produced from a other information contained in the effective of whether they undergo chemical change in batch of the drug with the theoretical yield. application. The supplemental application the process. Each substance should be iden­ (ix) Precautions to insure that the proper may omit statements made in the effective tified by its common English name or com­ labels are placed on the drug for a particular application concerning which no change is plete chemical name, using structural for­ lot, including provisions for label storage and proposed.) mulas when necessary for specific identifica­ inventory control. (9) It is understood that all statements tion. If any proprietary preparation is used (x) The analytical controls used during in this application regarding the compo­ as a component, the proprietary name should the various stages of the manufacturing, nents, composition, manufacturing methods, be followed by a complete quantitative state­ processing, and packing of the drug, in­ facilities, controls, and labeling constitute ment of composition.) cluding a detailed description of the collec­ a commitment on the part of the applicant (3) A full statement of the composition tion of samples and the analytical proce­ that each batch of the article will be pro­ of the drug. dures to which they are subjected. If the duced as described in those statements un­ article is one which is represented to be less and until an effective supplement to (This statement should set forth the name sterile, the same information should be given the application provides for a change. and amount of each ingredient, whether ac­ for sterility controls. Include the standards tive or not, contained in a stated quantity required for acceptance of each lot of the Very truly yours, of the drug in the form in which it is to finished drug. be distributed; as, for example, amount per (xi) An explanation of the exact signifi­ (Applicant) tablet or per milliliter, in addition to the cance of any control numbers used in the P e r ______batch formula. Any calculated excess of an manufacturing, processing, and packing of ingredient over the label declaration should the drug, including any code numbers that (Indicate authority) be designated as such and percent excess may appear on the label of the finished shown.) article. State whether or not any of the This application must be signed by the (4) (a) A full description Of the methods numbers appear on invoices and describe applicant or by his attorney or agent, or, if a used in the manufacture, processing, and any other methods used to permit determi­ corporation, by an authorized official. packing of the drug. nation of the distribution of any batch if its The data specified under the several num­ (Included in this description should be full recall is required. bered headings should be on separate sheets information on the following:) (xii) A complete description of and the or sets of sheets, suitably identified. The (i) The methods used in the synthesis, data derived from studies of the stability of sample of the drug, if sent under separate extraction, isolation, or purification of any the drug, and a proposal for an expiration cover, should be properly identified on the new drug substance in sufficient detail, in­ date to be borne on the label, unless the outside of the shipping package. cluding quantities used, times, temperature, data establish that an expiration date is not The applicant will be notified of the date pH, solvents, etc., to determine the charac­ required. on which his application is filed. An in­ teristics of the substance and permit evalu­ (xiii) Additional procedures employed complete application will not be filed but the ation of the adequacy of the proposed meth­ which are designed to prevent contamination applicant will be notified in what respect his ods, controls, and specifications. and otherwise insure proper control of the application is incomplete. (ii) The methods used in processing and product. packing, including labeling, each proposed (5) Three finished market packages of theA ll applications S hould B e S u bm itted in dosage form of the new drug. drug, and other samples of the drug or its D u plicate—S in g le Co p ie s W il l Not B e Accepted for P ilin g (iii) If the applicant does not himself components on request. perform all the manufacturing, processing, (When finished market packages of the drug and packing operations for any new drug are not available to submit with the appli­ § 130.5 Reasons for refusing to file substance or the new drug, his statement cation, state that they will be submitted as applications, (a) An application shall identifying each person who will perform a soon as available. In case the drug is avail­ part of such operations and designating the able only in limited quantity, state the ex­ not be considered complete and will not part and a signed statement from each such tent to which samples of the drug and its be filed as a new-drug application within person, fully describing the methods he uses. components will be available on request.) the meaning of section 505 (b) of the act Thursday, September 8, 1955 FEDERAL REGISTER 6587 if it does not contain complete and ac­ Branch. Such withdrawal may be made tion to determine whether such drug is curate English translations of any part without prejudice to a future filing. safe for use under such conditions, in a foreign language, if only one copy is Upon refiling, the time limitation will he will, prior to the effective date of the submitted, or if it is incomplete on its begin to run from the date of refiling. application, notify the applicant that he face, in that: § 130.9 Supplemental applications. proposes to issue an order refusing to (1) It does not contain all the matter After an application has become effec­ permit the application to become effec­ required by clauses (1), (2), (3), (4), and tive with respect to a drug, the applicant tive, as provided in § 130.14. (6) of section 505 (b) of the act. may file a supplemental application with (2) It does not state the conditions respect thereto, setting forth any pro­ § 130.13 Insufficient information in under which the drug is to be used. posed changes in the conditions under application, (a) The information con­ (3) The specimens of labeling pro­ which such drug is to be used, in the tained in an application may be insuffi­ posed for use upon or within the retail labeling thereof, in its composition, in cient for the Commissioner to determine package do not expressly nor by refer­ any circumstance relating to the methods whether a drug is safe for use if it fails ence to a brochure or other printed mat­ of production or control, or in any other to include (among other things) a state­ ter prescribe, recommend, or suggest the information contained in the effective ment showing whether the drug is to be use of such drug under such conditions. application. Such supplemental appli­ limited to prescription sale and exempt cation may omit statements made in the under section 502 (f) (1) of the act, from The New Drug Branch will notify the ap­ the requirement that its labeling bear plicant promptly of such nonacceptance effective application concerning which no change is proposed. If a person hold­ adequate directions for use. If the drug and the reason therefor and, in case of is to be exempt, the information may also incompleteness as to matter required by ing an effective new-drug application makes a change such as described in this be insufficient if: any clause of section 505 (b) of the act (1) The specimen labeling proposed shall specify such clause. Otherwise, the section and fails to file a supplemental application describing the change before for use on or within the market package date on which an application is received of the drug fails to incorporate directly will be considered to be the date on which it is made, the representations in the effective application become false, and or by reference a specifically identified such application is filed, and the New brochure or other printed matter con­ Drug Branch will notify the applicant the application may be suspended under § 130.27. taining information adequate for the use of such date. of such drug by practitioners licensed by _ (b) If an applicant disputes the find­ § 130.10 Notification to applicant of law to administer the drug. ing of the New Drug Branch that his ap­ effectiveness of application. If the Com­ (2) Such label fails to state that the plication is incomplete, he shall so notify missioner determines, before the sixtieth drug is to be used as shown in such bro­ the New Drug Branch within 10 days day after the filing of an application (or chure or printed matter and that such after receipt of the notice of nonfiling. before the one hundred and eightieth brochure or printed matter will be sent In such case, the application shall be day after filing if he has postponed the on request to practitioners licensed by considered filed as of the original date of effective date), that he has no cause to law to administer such drug. receipt, over the protest of the New Drug issue an order under section 505 (d) of (3) The application fails to contain Branch, with the effective date of such the act refusing to permit the application copies of such brochure or printed application postponed for not more than to become effective, the New Drug matter. 180 days after the filing thereof. Branch shall so notify the applicant in (4) The application fails to show that (c) If within 180 days the Commis­writing and the application shall become such brochure or printed matter is sioner finds that the application is in­ effective on the date of the notification. readily available to practitioners licensed complete or that other facts exist which by law to administer the drug; or if not, require him to issue an order refusing § 130.11 Postponing the effective date. If the New Drug Branch determines, be­ that is it to be made so when the appli­ to allow the application to become effec­ cation becomes effective. tive, he shall issue a notice to the appli­ fore the sixtieth day after the filing of cant as provided in § 130.14. Subsequent the application, that more time is needed § 130.14 Contents of notice of hear­ to such notice, the procedure followed for study and investigation of the appli­ ing. The notice of hearing to the appli­ shall be in accordance with §§ 130.14 to cation, the Commissioner shall so notify cant that the Commissioner proposes to 130.26, inclusive. the applicant and inform him that the refuse to permit the application to be­ effective date of the application has been come effective or to suspend an effective § 130.6 Initial study of applications. postponed for not more than 180 days new-drug application will specify the After the New Drug Branch has com­ from the filing thereof. grounds upon which he proposes to issue pleted its initial study of the application, his order. The notice will contain the it will inform the applicant by letter of § 130.12 Refusal to permit the appli­ cation to become effective. If the Com­ name of the hearing examiner desig­ any apparent deficiencies in the data nated to conduct the hearing, and will submitted or of the need for any addi­ missioner determines upon the basis of the application, or upon the basis of specify the time and place at which the tional data to facilitate consideration of hearing will be held. The notice of the application. The New Drug Branch other information before him with re­ spect to the new drug, that: hearing will specify a date, ordinarily may suggest withdrawal of an applica­ not less than 10 days after issuance of tion when it finds that additional evi­ (a) The investigations, reports of which are required to be submitted pur­ the notice, by which the respondent will dence is required to support a finding suant to section 505 (b) of the act, do be required to file a written appearance that the drug is safe or that the methods, not include adequate tests by all methods electing whether: facilities, and controls used in manufac­ reasonably applicable to show whether (a) To avail himself of the oppor­ turing, processing, and packing the drug or not such drug is safe for use under are adequate. tunity for a hearing at the time and place the conditions prescribed, recommended, specified in the notice of hearing; or § 130.7 Amended applications. The or suggested in the proposed labeling (b) Not to avail himself of the oppor­ applicant may file an amendment to an thereof; - tunity for a hearing. application that has been filed and is (b) The results of such tests show that pending, but in such case the unamended such drug is unsafe for use under such The hearing will not be public unless the application shall be considered as having conditions or do not show that such drug respondent specifies in his appearance been withdrawn and the amended appli­ is safe for use under such conditions; that he desires a public hearing, in which, cation shall be considered as having (c) The methods used in, and the fa­ event the hearing will be public. been filed on the date on which the cilities and controls used for, the manu­ § 130.15 Failure to file an appearance. amendment is received by the New Drug facture, processing, and packing of such drug are inadequate to preserve its iden­ If the respondent fails to file a written Branch. The New Drug Branch will appearance in answer to the notice of notify the applicant of such date. tity, strength, quality, and purity; or (d) Upon the basis of the information hearing, his failure will be construed as § 130.8 Withdrawal of applications submitted to him as part of the appli­ an election not to avail himself of the without prejudice. The applicant may cation, or upon the basis of any other opportunity for the hearing, and the at any time withdraw his application information before him with respect to Commissioner, without further notice, upon notification to the New Drug such drug, he has insufficient informa­ may enter a final order. No. 175------3 6588 PROPOSED RULE MAKING

§ 130.16 Appearance of respondent. shall make an order specifying the time upon a showing satisfactory to the hear­ If the respondent elects to avail him­ at which documentary evidence shall be ing examiner of their authenticity, rele­ self of the opportunity for the hearing, submitted. He shall also specify in his vancy, and materiality, shall be received he may appear in person or by counsel. order the time within which objection in evidence subject to section 7 (c) of If the respondent desires to be heard to the authenticity of such documents the Administrative Procedure Act (5 through counsel, the counsel will file must be made to comply with paragraph U. S. C. 1006 (c )). Exhibits shall, if with the hearing examiner a written (d) of this section. practicable, be submitted in quintupli- appearance. (c) Documentary evidence not sub­ cate. In case the required number of § 130.17 Hearing examiner. The mitted in advance in accordance with copies are not made available, the hear­ hearing will be conducted by a hearing the requirements of paragraphs (a) and ing examiner shall exercise his discre­ examiner appointed as provided in the (b) of this section shall not be received tion as to whether said exhibit shall be Administrative Procedure Act (60 Stat. in evidence in the absence of a clear read in evidence or whether additional 235; 5 U. S. C. 1002 et seq.) and desig­ showing that the offering party had good copies shall be required to be submitted nated in the notice for conducting the cause for his failure to produce the evi­ within a time to be specified by the hear­ hearing. Any such designation may be dence sooner. ing examiner. Where the testimony of a made or revoked by the Commissioner (d) The authenticity of all documents witness refers to a statute, or to a report at any time. Hearings will be conducted submitted in advance shall be deemed or document, the hearing examiner shall, in an informal but orderly manner in admitted unless written objection after inquiry relating to the identifica­ accordance with these regulations and thereto is filed with the hearing exam­ tion of such statute, report, or docu­ the requirements of the Administrative iner upon notice to the other parties ment, determine whether the same shall Procedure Act. The hearing examiner within the time specified by the hearing be produced at the hearing and physi­ will have the power to administer oaths examiner in accordance with paragraph cally be made a part of the evidence or and affirmations, to rule upon offers of (b) of this section, except that a party shall be incorporated in the record by proof and the admissibility of evidence, will be permitted to challenge such au­ reference. Where relevant and material to receive relevant evidence, to examine thenticity at a later time upon a clear matter offered in evidence is embraced witnesses, to regulate the course of the showing of good cause for failure to have in a report or document containing im­ hearing, to hold conferences for the filed such written objection. material and irrelevant matter, such simplification of the issues, and to dis­ immaterial and irrelevant matter shall § 130.20 Excerpts from documentary be excluded and shall be segregated in­ pose of procedural requests, but will not evidence. When portions only of a doc­ have the power to decide any motion sofar as practicable, subject to the direc­ ument are to be relied upon, the offering tion of the hearing examiner. that involves final determination of the party shall prepare the pertinent ex­ merits of the proceeding. cerpts, adequately identified, and shall § 130.23 Oral and written arguments. ■' § 130.18 Prehearing and other con­ supply copies of such excerpts, together fa) Unless the hearing examiner shall ferences. The hearing examiner, on his. with a statement indicating the purpose issue an announcement at the hearing own motion or on the motion of the for which such materials will be offered, authorizing oral argument before him, it applicant or the New Drug Branch, may to the hearing examiner and to the other shall not be permitted. direct all parties or their representatives parties. Only the excerpts, so prepared (b) The hearing examiner shall an­ to appear at a specified time and place and submitted, shall be received in the nounce at the hearing a reasonable pe­ for a conference to consider: record. However, the whole of the origi­ riod within which interested persons may (a) The simplification of the issues. nal document shall be made available file written arguments based solely upon 1 (b) The possibility of obtaining stipu­ for examination and for use by opposing the evidence received at the hearing, lations, admissions of facts, and docu­ counsel for purposes of cross-examina­ citing the pages of the transcript of the ments. tion. testimony or of properly identified ex­ (c) The limitation of the number of § 130.21 Submission and receipt of hibits where such evidence occurs. expert witnesses. evidence, (a) Each witness shall, before § 130.24 Tentative order. The hear­ (d) The scheduling of witnesses to be proceeding to testify, be sworn or make ing examiner, within a reasonable time, called. affirmation. shall prepare tentative findings of fact (e) The advance submission of all (b) When necessary in order to pre­ and a tentative order, which shall be documentary evidence. vent undue prolongation of the hearing, served upon the respondent and the New (f) Such other matters as may aid in the hearing examiner may limit the Drug Branch, or sent to them by regis­ the disposition of the proceeding. number of times any witness may tes­ tered mail. If no exceptions are taken The hearing examiner will make an tify, the repetitious examination and to the tentative order within 20 days or order reciting the action taken at the cross-examination of witnesses, or the such other time specified in such order, conference, the agreements made by the amount of corroborative or cumulative that order shall become final. evidence. parties or their, representatives, the § 130.25 Exceptions to the tentative schedule of witnesses, and limiting the (c) The hearing examiner shall admit order. Within 20 days or such other issues for hearing to those not disposed only evidence that is relevant, material, and not unduly repetitious. time specified in the tentative order, the of by admissions or agreements. Such respondent or the New Drug Branch may order will control the subsequent course (d) Opinion evidence shall be ad­ mitted when the presiding officer is sat­ transmit exceptions to the hearing of the proceeding unless modified for examiner, together with any briefs or good cause by subsequent order. The isfied that the witness is properly argument in support thereof. If excep­ hearing examiner may also direct all qualified. (e) If any person objects to the ad­ tion is taken to any tentative findings of parties and their representatives to ap­ fact, reference must be made to the pages pear at conferences at any time during mission or rejection of any evidence, or other limitation of the scope of any or parts of the record relied upon, and a the hearing with a view to simplification, corrected finding of fact must be sub­ clarification, or shortening the hearing. examination or cross-examination, he shall state briefly the grounds for such mitted. The respondent, if he files ex­ § 130.19 Submission of documentary objection, and the transcript shall not ceptions, shall state in writing whether evidence in advance, (a) All docu­ include extended argument or debate he desires to make an oral argument. mentary evidence to be offered at the thereon except as ordered by the hearing § 130.26 Issuance of final order. hearing shal be submitted to the hear­ examiner. A ruling on any such objec­ Within a reasonable time after the filing ing examiner and to the parties suffi­ tion shall be a part of the transcript, of exceptions, or after oral argument (if ciently in advance^ of the offer of such together with such offer of proof as has such argument is requested), the Com­ documentary evidence for introduction been made. missioner shall issue the final order in into the record to permit study and the proceeding. The order will include § 130.22 Transcript of the testimony. preparation of cross-examination and the findings of fact upon which it is Testimony given at a hearing shall be based. rebuttal evidence. reported verbatim. All written state­ (b) The hearing examiner after con­ ments, charts, tabulations, and similar § 130.27 Suspension of effective ap­ sultation with the parties at a confer­ data offered in evidence at the hearing plication. If the Commissioner has ence called in accordance with § 130.18 shall be marked for identification and, reason to believe (a) that clinical ex- Thursday, September 8, 1955 FEDERAL REGISTER G589 perience, tests by new methods, or tests SECURITIES AND EXCHANGE manager. The form proposes that the by methods not deemed reasonably ap­ prospectus, which consists of only four plicable when such application became COMMISSION items might be embodied in the receipts. effective show that a drug for which an [ 17 CFR Part 239 ] It is not proposed to repeal Form C-3 application is effective is not safe for use (17 CFR 239.5) at this time, which form under the conditions of use upon the R egistration S tatement U nder will remain available for the offering of basis of which the application became ef­ S ecurities Act of 1933 American certificates against foreign fective, or (b) that the application con­ issues where there is a depositor, spon­ tains any untrue statement of a material NOTICE OF PROPOSED RULE MAKING sor or manager under the arrangement. fact, he shall so notify the person holding Notice is hereby given that the Securi­ All interested persons are invited to the effective new-drug application and ties and Exchange Commission has submit data, views and comments on this afford an opportunity for a hearing. The under consideration a proposal to adopt proposal in writing to the Secretary, notice and hearing will conform to the Form S-12,1 a new registration form Securities and Exchange Commission, provisions of §§ 130.14 to 130.27, inclusive. under the Securities Act of 1933 for 425 Second Street, Northwest, Washing­ § 130.28 Revocation of order refusing American Depositary Receipts issued ton 25, D. C., on or before September 30, to permit application to become effective against outstanding foreign securities. 1955. Except in cases where it is re­ or suspending effective applications. The purpose of Form S-12 is to provide quested that such communications be The Commissioner, upon his own initia­ a simple procedure for the registration kept confidential, they will be considered tive or upon request of an applicant of such receipts where the issuer is the available for public inspection. stating reasonable grounds therefor, entity resulting from the agreement pur­ By the Commission. may, if he finds that the facts so require, suant to which the receipts are issued, or issue an order allowing an application to a corporation or trust organized to act [SEAL] ORVAL L. DuBOIS, become effective which has been refused only as a conduit in connection with the Secretary. or suspended. deposit of the underlying securities and August 29, 1955. § 130.29 Service of notices and orders. there is no person who performs the acts [P. R. Doc. 55-7233; Piled, Sept. 7, 1955; All notices and orders pertaining to new- and assumes the duties of depositor or 8:45 a. m.] drug applications shall be served: (a) In person by any officer or em­ ployee of the Department designated by the Commissioner ; or (b) By mailing the order by registered NOTICES mail addressed to the applicant or re­ spondent at his last known address in the records of the Department. CIVIL AERONAUTICS BOARD Dated at Washington, D. C., Septem-' § 130.30 Untrue statements in appli­ ber 1, 1955. cation. Among the reasons why an ap­ [Docket 7132] [seal] F rancis W . B rown, plication may contain an untrue state­ International F reight F orwarder Chief Examiner. ment of a material fact are: I nvestigation (a) Differences in: [F. R. Doc. 55-7277; Piled, Sept. 7, 1955; (1) Conditions of use prescribed, rec­ notice of Prehearing conference 8:52 a. m.] ommended, or suggested by the applicant In the matter of the renewal of Part for the drug from the conditions of such 297 of the Economic Regulations and an use stated in the application; investigation of indirect overseas and DEPARTMENT OF STATE (2) Articles used as components of foreign air transportation of property. [Public Notice 142] the drug from those listed in the appli­ Notice is hereby given that a prehear­ cation; ing conference in the above-entitled pro­ Administrator of B ureau of S ecurit y , (3) Composition of the drug from ceeding is assigned to be held on Sep­ Consular Affairs and Personnel that stated in the application; tember 20, 1955, at 10:00 a. m., e. d. s. t., AMENDMENT OF DELEGATION OF AUTHORITY (4) Methods used in, or the facilities in Room 5132, Commerce Building, Con­ WITH RESPECT TO ADMINISTRATION AND or controls used for, the manufacture, stitution Avenue, between Fourteenth ENFORCEMENT OF IMMIGRATION AND NA­ processing, or packing of the drug from and Fifteenth Streets NW., Washington, TIONALITY LAWS RELATING TO POWERS, such methods, facilities, and controls D. C., before Examiner Paul N. Pfeiffer. DUTIES, AND FUNCTIONS OF DIPLOMATIC described in the application; AND CONSULAR OFFICERS (5) Labeling from the specimens con­ Dated at Washington, D. C., September tained in the.application; or 1, 1955. By virtue of the authority vested in (b) Omission in whole or in part of [seal] F rancis W . B rown, me by section 4 of the act of May 26, any information obtained from investi­ Chief Examiner. 1949 (63 Stat. I l l ; 5 U. S. C. 1510, para­ graph numbered (2) of Delegation of gations made by the applicant or sub­ [P. R. Doc. 55-7276; Piled, Sept. 7, 1955; mitted to him by any investigator, re­ 8:52 a. m.] Authority #74 (Public Notice 132) lating to the safety of the drug, unless (18 F. R. 7898) relating to the adminis­ such omission and the reason for it are tration and enforcement of the immigra­ disclosed in the application. tion and nationality laws so far as [Docket 7006] concerns the powers, duties, and func­ § 130.31 Judicial review. The Assist­ tions of diplomatic and consular officers, ant General Counsel for Pood and Drugs U nited States Overseas Airlines, I nc.; E nforcement P roceeding is hereby amended to read as follows: of the Department of Health, Education, (2) There are hereby excluded from and Welfare is hereby designated as the NOTICE OF POSTPONEMENT OF HEARING the authority delegated under paragraph officer upon whom copies of petitions for (1) of this order: (a) The powers, duties, judicial review shall be served. Such Notice is hereby given, pursuant to the provisions of the Civil Aeronautics Act and functions conferred upon consular officer shall be responsible for filing in officers relating to the granting or re­ the court a transcript of proceedings and of 1938, as amended, that hearing in the above-entitled proceeding, now assigned fusal of visas; and (b) the powers, the record on which the final orders were for September 13, 1955, is postponed to duties, and functions conferred upon based. The transcript and record shall October 3,1955,10:00 a. m. (Local Time> the Secretary of State by delegation be certified by the Commissioner. in Room 5855, Commerce Building, Con­ from the President of the United States, Dated: August 31, 1955. stitution Avenue, between Fourteenth Dated: August 31, 1955. and Fifteenth Streets NW., Washington, [seal] G eo. P. L arrick, D. C., before Examiner Joseph L. Fitz- [ seal] J ohn F oster Dulles, Commissioner of Food and Drugs. maurice. Secretary of State. [P. R. Doc. 55-7238; Filed, Sept. 7, 1955; [P. R. Doc. 55-7261; Piled, Sept. 7, 1955; 8:46 a. m.] 1 Filed as part of original document. 8:49 a. m.] 6590 NOTICES

DEPARTMENT OF THE INTERIOR [Docket No. 11394; PCC 55-908] evidence and the burden of proof on I redell B roadcasting Co. (WDBM) each of the above issues are placed upon Bureau of Indian Affairs Statesville Broadcasting Company. ORDER DESIGNATING APPLICATION FOR Released: September 2, 1955. [Bureau Order 551, Arndt. 16] HEARING ON STATED ISSUES Associate Commissioner et al. In re application of Walter A. Duke, F ederal Communications Commission, d/b as Iredell Broadcasting Company REDELEGATIONS OF AUTHORITY [ seal] M ary J ane Morris, (WDBM), Statesville, North Carolina, Secretary. Section 2 (a) of Order No. 551, as Docket No. 11394, File No. BP-9527; for amended (16 P. R. 2939, 5456, 7467, 8252; construction permit. [F. R. Doc. 55-7268; Filed, Sept. 7, 1955; 17 P. R. 3516, 7552; 18 F. R. 7305; and At a session of the Federal Communi­ 8:50 a. m.] 19 F. R . 1936, 3482, 3971, 4544, 4585, 7416; cations Commission held at its offices in 20 P. R. 1562, 2694, 2894, 5442), is Washington, D. C„ on the 31st day of amended to read as follows: August, 1955; S ec. 2 Authority of Central Office The Commission having under con­ [Docket Nos. 11482, 11483; FCC 55-864] Personnel, (a) The Associate Commis­ sideration the oral argument held in the American Colonial B roadcasting Corp. sioner, Assistant Commissioners, Assist­ above-entitled proceeding on June 7, et al. ants to the Commissioner, and those 1955, on the so-called “economic injury” persons authorized to act in their stead issues involved in this proceeding; the ORDER DESIGNATING APPLICATIONS FOR CON­ during their absence from their respec­ brief in support of the request to desig­ SOLIDATED HEARING ON STATED ISSUES tive offices, may severally exercise any nate issues for evidentiary hearing filed In re applications of American Colo­ and all authority conferred upon the June 22, 1955, by Statesville Broadcast­ nial Broadcasting Corporation, Caguas, Commissioner of Indian Affairs by the ing Company, the protestant; and the Puerto Rico, Docket No. 11482, File No. Secretary of the Interior. These officials brief in opposition to designation for BPCT-1980; Supreme Broadcasting may, in specific individual cases, redele­ evidentiary hearing filed June 22, 1955, Company, Inc., Caguas, Puerto Rico, gate such authority to other employees. by Walter A. Duke d/b as Iredell Broad­ Docket No. 11483, File No. BPCT-1991; G lenn L. E mmons, casting Company, the applicant; for construction permits for new Tele­ Commissioner. It appearing, that our disposition of vision Broadcast Stations. August 30, 1955. this matter is governed by our action At a session of the Federal Communi­ taken in the Radio Tifton (Docket1 No. cations Commission held at its offices in [P. R. Doc. 55-7230; Piled, Sept. 7, 1955; 11271, FCC 55-725, Mimeo 20784) and Washington, D. C., on the 31st day of 8:45 a. m.] American Southern Broadcasters August 1955; (Docket No. 11262, FCC 55-726, Mimeo The Commission having under consid­ 20786) cases and that for the reasons eration the above-entitled applications, FEDERAL COMMUNICATIONS set out in the former case, an evidentiary each requesting a construction permit for COMMISSION hearing on the “economic issues” is ap­ a new television broadcast station to op­ [Docket No. 11227; FCC 55M-760] propriate; erate on Channel 11 in Caguas, Puerto It is ordered, That the evidentiary Rico; and M unicipal B roadcasting System hearing in this proceeding shall be held It appearing, that the above-entitled (WNYC) in Washington, D. C., at a time to be applications are mutually exclusive in order continuing hearing specified by later order, on the following that operation by more than one appli­ issues (the “economic injury” issues and cant would result in mutually destruc­ m re application of City of New York, the financial issues discussed in para­ tive interference; and Municipal Broadcasting System graphs 6-9, inclusive of the Commission’s It further appearing, that pursuant to (WNYC), New York, New York, Docket Memorandum Opinion and Order of May section 309 (b) of the Communications No. 11227, File No. BSSA-266; for special 18, 1955 (FCC 55-586, Mimeo 19606)): Act of 1934, as amended, the above- service authorization to operate addi­ 1. To determine whether the States­ named applicants were advised by letters tional hours from 6:00 A. M. (EST) to ville market area will provide sufficient of the fact that their applications were sunrise New York City and from sunset revenue to the proposed station to en­ mutually exclusive, of the necessity for Minneapolis, Minnesota to 10:00 P. M. able it to adequately operate in the public a hearing thereon, and of all objections ,

[Dockét No. 11490; FCC 55-886] [Docket No. 11492; FCC 55-891] 3. To determine in light of the evi­ dence adduced pursuant to the foregoing Alaska P ackers As sn , et al. Citizen s B roadcasting Co. issues if a grant of the subject appli­ ORDER TO SHOW CAUSE ORDER DESIGNATING APPLICATION FOR HEAR­ cation would serve the public interest. ING ON STATED ISSUES It is further ordered, That the North In the matter of modification of Central Indiana Broadcasting Corpora­ licenses of certain coast stations au­ In re application of Archie S. Mobley, Pauline A. Mobley, Paul D. Ford and tion, licensee of Station WIOU, Kokomo, thorized to operate in Alaska on the Indiana, is made a party to the hearing. frequency 3092.5 kc. Eleanor J. Ford, d/b as Citizens Broad­ At a session of the Federal Communi­ casting Company Terre Haute, Indiana, Released: September 2, 1955. cations Commission held at its offices in Docket No. 11492, File No. BP-9195; for construction permit. F ederal C ommunications Washington, D. C., on the 31st day of C om m ission, At a session of the Federal Communi­ August 1955; [ seal] M ary J ane M orris, The Commission having under con­ cations Commission held at its offices in Secretary. sideration the matter of bringing into Washington, D. C., on the 31st day of use certain frequency bands pursuant August, 1955; [F. R. Doc. 55-7273; Filed, Sept. 7, 1955; to the Atlantic City Table of Frequency The Commission having under con­ 8:51 a. m.] Allocations and the Geneva Agreement sideration the above-entitled application (1951); and of Archie S. Mobley, Pauline A. Mobley, It appearing, that in the Commis­ Paul D. Ford, and Eleanor J. Ford, d/b sion’s proceedings in Docket No. 11247, as Citizens Broadcasting Company, for [Docket Nos. 11493, 11494; FCC 55-892] the licenses of all coast stations in Alaska a construction permit for a new standard R adio B roadcasting S ervice et al. authorized to operate on the frequency broadcast station to operate on 1350 kilo­ 3092.5 kc were modified effective June 1, cycles with a power of 500 watts, daytime ORDER DESIGNATING APPLICATIONS FOR 1955, so as to delete this frequency ex­ only, at Terre Haute, Indiana; CONSOLIDATED HEARING ON STATED IS­ cept for the stations shown in the ap­ It appearing, that the applicant is SUES pendix attached hereto, which, through legally, technically, financially and In re applications of Louis Alford, inadvertency were not listed in the Show otherwise qualified to operate the station Phillip D. Brady and Albert Mack Smith, Cause Order and finalization thereof in as proposed, but that the application d/b as Radio Broadcasting Service, Tyler, the foregoing proceeding ; and may involve interference to Station Texas, Docket No. 11493, File No. B P - It further appearing, that Part 14 of WIOU, Kokomo, Indiana (1350 kc, 1 kw, 9761; Dana W. Adams, Tyler, Texas, the Commission’s rules was amended; DA-2, Uni.) ; and Docket No. 11494, File No. BP-9841; for effective June 20,1955, and, among other It further appearing, that pursuant to construction permits. matters, the frequency 3092.5 kc was de­ Section 309 (b) of the Communications At a session of the Federal Communi­ leted from availability for assignment to Act of 1934, as amended, the subject ap­ cations Commission held at its offices in coast stations; and plicant was advised by letter dated May Washington, D. C., on the 31st day of It further appearing, that any opera­ 23, 1955 of the aforementioned defici­ August 1955; tion on the frequency 3092.5 kc by the ency and that the Commission was un­ The Commission having under consid­ stations shown in the attached appendix able to conclude that a grant of the eration the above-entitled applications may cause harmful interference to the application would be in the public in­ of Louis Alford, Phillip D. Brady and aeronautical mobile service and thus terest; and Albert Mack Smith, d/b as Radio Broad­ jeopardize the safety of life and property It further appearing, that a timely casting Service; and Dana W. Adams, and, for this reason, the usual thirty-day reply was filed by the applicant on May each for a construction permit for a new notice should be dispensed with; 27,1955, and that in an amendment filed standard broadcast station to operate on It is ordered, That pursuant to Section on August 1, 1955 field intensity meas­ 1330 kilocycles, daytime only, at Tyler, 316 of the Communications Act of 1934, urements were submitted purporting to Texas, with a power of 1 kilowatt and as amended, those licensees listed in the show that no interference would result 500 watts, respectively; and attached Appendix are directed to show to Station WIOU, but that the measure­ It appearing! that each of the appli­ cause, by September 15, 1955, why their ments were made for a distance of only cants is legally, technically, financially licenses for the stations included in the 28 miles on one radial and are insufficient and otherwise qualified, except as may Appendix should not be modified so as to prove that the said interference would appear from the issues below, to operate to delete the frequency 3092.5 kc, effec­ not result to Station WIOU; and its proposed station, but that both tive September 22, 1955. It further appearing, that in a letter stations as proposed would result in . It is further ordered, That, the Secre­ dated June 17, 1955, Station WIOU re­ mutually destructive interference and tary send a copy of this Order by Regis­ quested that the subject application be that the application of Radio Broadcast­ tered Air-Mail—Return Receipt Re­ designated for hearing because of the ing Service may involve interférence to quested to each of the licensees shown above-mentioned interference; and Stations KAND, Corsicana, Texas (1340 In the attached Appendix. It further appearing, that the Com­ kc, 250 w, Uni.) and KSWA, Graham, Released: September 2, 1955. mission, after consideration of the above Texas (1330 kc, 500 w, day) ; and may not letters, is of the opinion that a hearing provide adequate coverage of the city F ederal Communications is necessary; sought to be served in accordance with C om m issio n , It is ordered, That, pursuant to Section the Commission’s Standards of Good • [ seal] M ary J ane M o rris, 309 (b) of the Communications Act of Secretary. Engineering Practice; and 1934, as amended, the said application is It further appearing, that pursuant to APPENDIX designated for hearing, at a time and section 309 (b) of the Communications place to be specified in a subsequent Act of 1934, as amended, the subject ap­ The frequency 3092.5 kc would be order, upon the following issues: deleted from the licenses of each of the plicants were advised by letter dated 1. To determine the areas and popu­ June 6, 1955, of the aforementioned de­ coast stations shown below, effective lations which would receive primary September* 22, 1955. ficiencies and that the Commission was service from the subject proposed opera­ unable to conclude that a grant of either tion and the availability of other pri­ application would be in the public in­ Licensee Transmitter location Call sign mary service to such areas and popula­ terest; and tions. It further appearing, that a timely Alaska Packers Asso­ S. Naknek, Alaska. - KWC20 2. To determine whether the subject ciation. reply was filed by each of the applicants ; Pacific American Bristol Bay, Alaska. KWK21 proposed operation would involve ob­ and Fisheries, Inc. jectionable interference with station It further appearing, that in a letter Alaska Aeronautics Temporary locations KWJ21 WIOU, Kokomo, Indiana, or any other and Communica­ in Alaska. dated April 11, 1955, Station KAND op­ tions Commission. existing station, and, if so, the nature posed a grant of the application of Radio George J . Miscovich.. Discovery, Alaska.. KWK62 and extent thereof, the areas and popu­ Broadcasting Service on the grounds of lations affected thereby, and the avail­ the above-described interference; and [F. R. Doc. 55-7272; Filed, Sept. 7, 1955; ability of other primary service to such It further appearing, that the Com­ 8:51 a. m.] areas and populations. mission, after consideration of these Thursday, September 8, 1955 FEDERAL REGISTER 6593 letters, is of the opinion that a hearing FEDERAL POWER COMMISSION participation in the proceeding unless an is necessary; oral hearing is held. In addition to other It is ordered, That, pursuant to Section [Docket No. G-8884] requirements of Rule 40 of the General 309 (b) of the Communications Act of O lin G as T ransmission Corp. and H ope Rules of Practice of the Commission (39 1934, as amended, the said applications P roducing C o. CFR 1.40), protests shall include a re­ are designated for hearing, at a time and quest for a public hearing, if one is de­ place to be specified in a subsequent notice o f application and date of sired, and shall specify with particu­ order, upon the following issues: HEARING larity the facts, matters, and things, re­ 1. To determine the areas and popu­ August 31,1955. lied upon, but shall not include issues or lations which would receive primary Take notice that on May 11,1955, Olin allegations phrased generally. Protests service from each of the proposed op­ Gas Transmission Corporation (Olin) containing general allegations may erations, and the availability of other and Hope Producing Company (Hope), be rejected. Requests for an oral hear­ primary service to such areas and both Delaware corporations with their ing must be supported by an explana­ populations. principal places of business at Monroe, tion as to why the evidence cannot be 2. To determine whether the opera­ Louisiana, filed a joint application, pur­ submitted in forms of affidavits. Any tion proposed by Radio Broadcasting suant to Section 7 (b) of the Natural interested person, not a protestant, de­ Service would involve objectionable in­ Gas Act, for permission and approval to siring to receive notice of the time and terference with Stations KAND, Corsi­ abandon certain facilities and the sale place of any hearing, pre-hearing con­ cana, Texas; and KSWA, Graham, of natural gas, subject to the jurisdic­ ference, taking of depositions, or other Texas, or any other existing stations, tion of the Commission. proceedings shall notify the Commission and, if so, the nature and extent thereof, Olin and Hope seek approval of aban­ by letter or telegram within 30 days from the areas and populations affected donment of the sale of natural gas to the date of publication of this notice in thereby, and the availability of other Southern Natural Gas Company and of the F ederal R eg ister. primary service to such areas and the facilities used to make such sale. Except when circumstances require populations. The Joint Applicants request authority immediate action, an application for ap­ 3. To determine whether the installa­ to abandon such service on October 31, proval, under Section 210a (b) of the tion and operation of the station pro­ 1955. The application is on file with Act, of the temporary operations of mo­ posed by Radio Broadcasting Service the Commission and open for public tor carrier properties sought to be ac­ would be in compliance with the Com­ inspection. quired in an application under Section mission’s Rules and Standards of Good This matter is one that should be dis­ 5 (a) will not be disposed of sooner than Engineering Practice with particular posed of as promptly as possible under 10 days from the date of publication of reference to providing adequate coverage the applicable rules and regulations, and this notice in the F ederal R eg ister. If of the city sought to be served. to that end: a protest is received prior to action 4. To determine which of the opera­ Take further notice that, pursuant to being taken, it will be considered. tions proposed in the above-entitled the authority contained in and subject APPLICATIONS OF MOTOR CARRIERS OF applications would better serve the pub­ to the jurisdiction conferred upon the PROPERTY lic interest in the light of the evidence Federal Power Commission by Sections adduced under the foregoing issues and 7 and 15 of the Natural Gas Act, and No. MC 524 Sub 4, filed August 26,1955, record made with respect to the signifi­ the Commission’s Rules of Practice and SERVICE TRANSPORT COMPANY, A cant differences between the applicants Procedure, a hearing will be held on CORPORATION, 1601—21st Street, Ra­ as to; October 3, 1955, at 10:00 a. m., e. s. t., cine, Wis. Applicant’s attorney: Eugene (a) The background and experience of in a Hearing Room of the Federal Power L. Cohn, 1 North LaSalle Street, Chicago each of the above-named applicants to Commission, 441 G Street NW., Wash­ 2, HI. For authority to operate as a own and operate its proposed station. ington, D. C., concerning the matters common carrier, transporting: G eneral (b) The proposals of each of the involved in and the issues presented by commodities, except articles of unusual above-named applicants with respect to such application. value and except commodities requiring the management and operation of the Protests or petitions to intervene may special equipment, serving Kansasville, proposed stations. be filed with the Federal Power Com­ Wis., as an off-route point in connection (c) The programming service pro­ mission, Washington 25, D. C., in ac­ with authorized regular-route operations posed in each of the above-mentioned cordance with the Rules of Practice and between Racine, Wis., and Chicago, 111. applications. Procedure (18 CFR 1.8 or 1.10) on or Applicant is authorized to conduct op­ 5. To determine, in light of the evi­ before September 19, 1955. erations in Illinois and Wisconsin. dence adduced pursuant to the foregoing No. MC 906 Sub 42, filed August 22, issues, which, if either of the applications [ seal] L eon M . F uquay, 1955, CONSOLIDATED FORWARDING should be granted. Secretary. CO., INC., 1300 North 10th Street, St. It is further ordered, That the issues [F. R. Doc. 55-7232; Filed, Sept. 7, 1955; Louis, Mo. Applicant’s attorney: Glenn in the above-entitled proceeding may be 8:45 a. m.] W. Stephens, 121 West Doty Street, enlarged by the Examiner on his own Madison 3, Wis. For authority to motion or on petition properly filed by operate as a common carrier, trans­ a party to the proceeding and upon suffi­ INTERSTATE COMMERCE porting: General commodities, except cient allegations of fact in support there­ COMMISSION those of unusual value, Class A and B ex­ of, by the addition of the following issue: plosives, household goods as defined by To determine whether funds available [Notice 76] the Commission, commodities in bulk, to the applicant will give reasonable M otor Carrier Applications and those requiring special equipment, assurance that the proposal set forth in serving junction U. S. Highway 40 and S eptem ber 2, 1955. the application will be effectuated. Missouri Highway 13 as an intermediate It is further ordered, That Alto, Inc. Protests, consisting of an original and point in connection with regular route and Southwestair, Inc., licensees of Sta­ two copies, to the granting of an appli­ operations between Higginsville, Mo., cation must be filed with the Commission tions KAND and KSWA, respectively, and East St. Louis, 111., over Missouri are made parties to the proceeding. within 30 days from the date of publica­ tion of this notice in the F ederal R eg is­ Highway 13 and U. S. Highway 40. Released: September 2, 1955. ter and a copy of such protest served No t e : Applicant states that the purpose on the applicant. Each protest must of this application is to avoid 6% miles of F ederal Communications clearly state the name and street num­ travel from junction U. S. Highway 40 and Com mission, Missouri Highway 13 to the common point ber, city and state address of each prot- of Higginsville, which is now required under [ seal] M art J ane M o rris, estant on behalf of whom the protest Secretary; applicant’s certificate. Applicant is author­ is filed (49 CFR 1.240 and 1.241). Fail­ ized to conduct operations in HUnois, Indi­ [P. R. Doc. 55-7274; Piled, Sept. 7, 1955; ure to seasonably file a protest will be ana, Kansas, Kentucky, Missouri, Ohio, 8:51 a. m.l construed as a waiver of opposition and Oklahoma, Texas, and Wisconsin. 6594 NOTICES

No. MC 1441 Sub 12, filed August 19, routes are authorized to applicant in the household goods, as defined by the Com­ 1955, MERRILL MOTOR LINE, INC., transportation of general commodities, mission, commodities in bulk, and com­ 2520 N. E. 35th Street, Port Worth, Tex. with exceptions. modities requiring special equipment, Applicant’s attorney : Ralph W. Pulley, Note: Applicant states the proposed trans­ serving the site of the United States Jr., First National Bank Building, Dallas portation is for the removal of one of the Gypsum Company, located approxi­ 2, Tex. For authority to operate as a exceptions to its general commodities mately five miles east of Shoals, Ind., and contract carrier, over irregular routes, authority. one and one-half miles south of U. S. transporting: Meats, meat products and Highway 50, as an off-route point in con­ meat by-products, dairy products, and No. MC 28067 Sub 8, filed August 25, nection with applicant’s authorized articles distributed by meat packing­ 1955, WILLIAMS MOTOR TRANSFER, operations to and from Shoals, Ind. Ap­ houses, as defined by the Commission, INC., 18 West Street, Barre, Vt. Appli­ plicant- is authorized to conduct opera­ from Fort Worth, Tex., to Austin, Belton, cant’s representative: Oliver C. Peterson, tions in Delaware, Illinois, Indiana, Iowa, Bonham, Cameron, Commerce, Cooper, 795 Elm St., Manchester, N. H. For au­ Kentucky, Maryland, Massachusetts, Denison, Denton, Fairfield, Gainesville, thority to operate as a common carrier, Michigan, Minnesota, Missouri, New Greenville, Groesbeck, Hillsboro, Jack ­ over irregular routes, transporting: Jersey, New York, Ohio, Pennsylvania, sonville,- Lott, McKinney, Marlin, Mart, Granite, from St. Johnsbury, Hardwick, West Virginia, Wisconsin, and the Dis­ Mexia, Palestine, Paris, Sherman, Sul­ South Ryegate, Waterbury, Northfield, trict of Columbia. phur Springs, Teague, Temple, Waco and Barre, Groton, Montpelier, and Riverton, No. MC 43038 Sub 397, filed August 8, Conn., to points in New York, New Jersey, 1955, COMMERCIAL CARRIERS, INC., Waxahachie, Tex. Applicant is author­ Pennsylvania, Maryland, Delaware, Ohio, ized to conduct operations in Oklahoma 3399 E. McNichols Road, Detroit 12, and Texas. Virginia, and the District of Columbia. Mich. For authority to operate as a Applicant is authorized to conduct regu­ common carrier, over irregular routes, No. MC 2962 Sub 13, filed August 22, lar route operations in New York, Penn­ 1955, A. & H. TRUCK LINE, 1277 Maxwell transporting: Motor vehicles, in initial Ave., Evansville, Ind. Applicant’s attor­ sylvania, and Vermont, and irregular movements, in truckaway service, from ney: Leon S. Powell, 520 Illinois Bldg., 17 route operations in Connecticut, Dela­ Evansville, Ind., to points in Virginia. West Market St., Indianapolis 4, Ind. ware, Maryland, Massachusetts, New Applicant is authorized to conduct oper­ For authority to operate as a common Hampshire, New Jersey, New York, Ohio, ations in Alabama, Arkansas, Florida, carrier, over regular routes, transport­ Pennsylvania, Rhode Island, Vermont, Georgia, Illinois, Indiana, Iowa, Kan­ ing: General commodities, except those Virginia, and the District of Columbia. sas, Kentucky, Louisiana, Maryland, of unusual value, Class A and B explo­ Note: The Irregular route operations now Michigan, Mississippi, Missouri, Ne­ sives, household goods, as defined by the being applied for are to be substituted In lieu braska, New Jersey, New York, North of regular route operations presently being Commission, commodities in bulk, and performed under a certain portion of out­ Carolina, Ohio, Oklahoma, Pennsyl­ commodities requiring special equip­ standing authority from this Commission in vania, South Carolina, Tennessee, Texas, ment, between Bedford and Washington, Certificate No. MC 28067, dated August 27, West Virginia, Wisconsin, and the Dis­ Ind., over U. S. Highway 50, serving no 1953, and if and when instantly applied for trict of Columbia. intermediate points but serving the off- irregular route authority is granted said No. MC 45158 Sub 14, filed August 25, route point of the United States Gypsum present outstanding Certificate No. MC 28067 1955, KILLION MOTOR EXPRESS, Company, Martin County, Ind., near will or should be amended to reflect deletion INC., 1417 Magazine Street, Louisville, Shoals, Ind., and serving Washington, of the regular route authority contained Ky. Applicant’s attorney: Robert C. Ind., for the purpose of joinder only. therein. Smith, 512 Illinois Building, Indianapolis The above authority is to be used in con­ No. MC 32838 Sub 3, filed November 26, 4, Ind. For authority to operate as a nection with and as an extension of 1954, WEAVER W. SCHERFF, doing common carrier, transporting: G eneral applicant’s authorized routes. Appli­ business as SCHERFF’S TRUCK LINE, commodities, except those of unusual cant is authorized to conduct operations 308 E. Main St., California, Mo. Appli­ value, Class A and B explosives, house­ in Tennessee, Kentucky, Ohio, Indiana, cant’s attorney: Carll V. Kretsinger, hold goods as defined by the Com­ Illinois, and Missouri. Suite 1014-18 Temple Bldg., Kansas City, mission, commodities in bulk, and No. MC 20672 Sub 5, filed August 25, Mo. For authority to operate as a com ­ commodities requiring special equip­ 1955, W EBBER CARTAGE LINE, INC., mon carrier, over regular routes, trans­ ment, serving the, site of the plant of 26 South Sheridan Road, Waukegan, 111. porting: General commodities, except United States Gypsum Company near Applicant’s attorney: Eugene L. Cohn, those of unusual value, Class A and B Shoals, Martin County, Ind., as an off- One North LaSalle Street, Chicago 2, explosives, household goods as defined route point in connection with appli­ 111. For authority to operate as a com ­ by the Commission, commodities in bulk, cant’s regular route operations between mon carrier, over regular routes, trans­ and those requiring special equipment, Louisville, Ky., and St. Louis, Mo., over porting: Iron articles and steel articles between Kansas City, Kans., and Tipton, U. S. Highway 150. Applicant is au­ which because of size or weight require Mo., from Kansas City, Kans., over city thorized to conduct operations in Illi­ transportation by pole trailers, between streets to Kansas City, Mo., thence over nois, Indiana, Kentucky, Missouri, and Chicago, 111., and Milwaukee, Wis., (1) U. S. Highway 50 to Tipton, Mo., and re­ Tennessee. from Chicago over U. S. Highway 41 to turn over the same routes, serving No. MC 49368 Sub 74, filed August 30, Milwaukee, and return over the same Moniteau County, Mo., as an off-route 1955, COMPLETE AUTO TRANSIT, route, (2) from Chicago over Illinois point. INC., 18465 James Couzens Highway, Highway 42 to the Illinois-Wisconsin Detroit 34, Mich. Applicant’s attorney: No t e : Applicant states that If and when State Line, thence over Wisconsin High­ the authority herein applied for is granted Edmund M. Brady, Guardian Building, way 42 to Milwaukee, and return over he will request cancellation of that portion Detroit 26, Mich. For authority to oper­ the same route, (3) from Chicago over of his present Certificate No. MC 32838, ate as a contract carrier, over irregular Illinois Highway 42A to junction U. S. issued March 8, 1944, reading: General com­ routes, transporting: Trucks, truck trac­ Highway 41, thence over U. S. Highway modities (exceptions as specified above), be­ tors, Truck chassis, bus chassis, and 41 to Milwaukee, and return over the tween Centertown, Prairie Home and points tractor chassis, and parts and accesso­ same route, serving all intermediate in Marion Township, Mo., and those in ries therefor, moving in the same ship­ points on the above-specified routes, and Moniteau County, Mo., on the one hand, and, ment with the vehicles to be transported, on the other, points in Wyandotte County, off-route points in Cook and Lake Coun­ Kans., over irregular routes. (a) in initial movements, in truckaway ties, 111., and those in Milwaukee County, and driveaway service, from the site of Wis., (4) between Chicago and junction No. MC 35628 Sub 194, filed August 22, the plants of the General Motors Cor­ of Eden’s Expressway and U. S. High­ 1955, INTERSTATE MOTOR FREIGHT poration located at Willow Run, Wash­ way 41, from Chicago over Eden’s Ex­ SYSTEM, 134 Grandville St., S. W., tenaw County, Mich., to points in the pressway to junction U. S. Highway 41, Grand Rapids, Mich. Applicant’s at­ United States, and (b) in secondary and return over the same route, serving torney: George S. Norcross, Michigan movements, in truckaway and drivea­ no intermediate points, as an alternate Trust Bldg., Grand Rapids 2, Mich. For way service, from points in the United route, for operating convenience only, in authority to operate as a common car­ States to the site of the plants of the connection with carrier’s regular route rier, over irregular routes, transporting: General Motors Corporation located at operations between Chicago, 111., and G eneral commodities, except those of un­ Willow Run, Washtenaw County, Mich. Milwaukee, Wis. The above-specified usual value, Class A and B explosives, Applicant is authorized to conduct oper­ Thursday, September 8, 1955 FEDERAL REGISTER 6595

ations in Alabama, Arkansas, Colorado, Street, Pittsburgh 22, Pa. Applicant’s TRANSPORT, INC., 530 Paw Paw Florida, Georgia, Idaho, Illinois, Indi­ attorney: Samuel P. Delisi, 1211 Berger Avenue, Benton Harbor, Mich. Appli­ ana, Iowa, Kansas, Kentucky, Louisiana, Building, Pittsburgh 19, Pa. For au­ cant’s attorney: Jack Goodman, 39 Michigan, Minnesota, Mississippi, Mis­ thority to operate as a common carrier, South La Salle Street, Chicago 3, 111. souri, Montana, Nebraska, Nevada, New over a regular route, transporting: G en­ For authority to operate as a com m on Mexico, North Carolina, North Dakota, eral commodities, except those of un­ carrier, over irregular routes, transport­ Ohio, Oklahoma, Pennsylvania, South usual value, livestock, Class A and B ing: (1) Petroleum products, petroleum Carolina, South Dakota, Tennessee, explosives, household goods as defined lubricants, chemicals, and industrial Texas, Utah, Virginia, West Virginia, by the Commission, commodities in bulk, soaps and industrial cleaners, in bulk, in Wisconsin and Wyoming. and commodities requiring special equip­ tank vehicles, from Indianapolis, Ind., No. MC 55883 Sub 4, filed August 22, ment, between Pittsburgh, Pa., and to points in Kentucky, Ohio, Illinois, and 1955, SIMON NEWLIN, doing business as Washington, Pa., from Pittsburgh over Michigan; (2) Petroleum oil bases, in NEWLIN’S TRANSFER, 34 Rice St., P. O. U. S. Highway 19 to Washington, and re­ bulk, in tank vehicles, from Reading, Box 183, Berryville, Va. Applicant’s at­ turn over the same route, serving all in­ Ohio to Indianapolis, Ind.; (3) Cutting torney: Peter J . Decker, 917 Grand Ave., termediate points, and the off-route oil and parting compounds, (used in the Cumberland, Md. For authority to op­ points of Hendersonville, Canonsburg, manufacture of soap), in bulk, in tank erate as a common carrier, over irregular Houston and Meadow Lands, Pa. Appli­ vehicles, from Milwaukee, Wis., to points routes, transporting: Cottonseed meal, cant is authorized to conduct operations in Indiana; and (4) Petroleum products, from points in North Carolina and South in Pennsylvania. This application is di­ sea animal oil products, animal road­ Carolina to points in Virginia. Appli­ rectly related to proceedings in MC-F building and sprinkling compounds, in cant is authorized to conduct operations 6047 and MC-F 6048. bulk, in tank vehicles, from Reading, from certain North Carolina, South No t e : In statement as to the purpose of Ohio to points in Indiana, Michigan, Carolina, and Georgia points to certain this application, applicant states it is au­ Illinois, Kentucky, Pennsylvania, New Virginia points. thorized to serve Washington, Henderson­ York, and New Jersey. Applicant is au­ No. MC 64932 Sub 192, filed August 22, ville, Canonsburg, Houston and Meadow thorized to conduct operations in 1955, ROGERS CARTAGE CO., a corpo­ Lands, Pa., to and from Pittsburgh, Pa., over Illinois, Indiana, Kentucky, Michigan, ration, 1934 So. Wentworth Avenue, Chi­ irregular routes, and in ‘connection with a Missouri, Ohio, Pennsylvania, and cago, 111. Applicant’s attorney. Carl L. concurrently filed application for approval to merge with Beaver Valley Motor Service Wisconsin. Steiner, 39 South La Salle Street, Chi­ Company and purchase of the operating No. MC 103880 Sub 150, filed July 7, cago 3, HI. For authority to operate as rights and properties of Prank W. Salvatora, 1955, (Amended), published July 20, a common carrier, over irregular routes, Joseph L. Salvatora and L. B. Salvatora, 1955 on page 5214, PRODUCERS transporting: Liquid chemicals, in bulk, doing business as Penn-Wheeling Motor TRANSPORT, INC., 530 Paw Paw in tank vehicles, from points in McHenry Freight, all three companies being under Avenue, Benton Harbor, Mich. Appli­ County, 111., to points in Minnesota, Wis­ common control, it desires to simplify and clarify its consolidated operating authority; cant’s attorney: Jack Goodman, 39 consin, Indiana, Ohio, Michigan, Mis­ South La Salle Street, Chicago 3, HL souri, Kentucky, and Iowa, and empty that Penn-Wheeling under Certificate No. MC 82192 holds, interalia, authority to trans­ For authority to operate as a com m on containers or other such incidental facil­ port general commodities, with the usual carrier, over irregular routes, transport­ ities (not specified) used in transporting exceptions, between Pittsburgh, and Wash­ ing: Liquefied petroleum gas, in bulk, the above-described commodity on re­ ington, Pa., serving no intermediate points, in tank vehicles, from Lima and Toledo, turn. Applicant is authorized to con­ in connection with a route between Pitts­ Ohio to points in Michigan. Applicant duct operations in Alabama, Arkansas, burgh, Pa., and Wheeling, W. Va. is authorized to conduct operations in Florida, Georgia, Illinois, Indiana, Iowa, No. MC 95922 Sub 9, filed August 25, Illinois, Indiana, Kentucky, Michigan, Kansas, Kentucky, Louisiana, Michigan, 1955, JAMES F. LEE, doing business as Missouri, Ohio, and Wisconsin. Minnesota, Mississippi, Missouri, Ne­ LEE TRANSPORT, 707 East Fourth St., No. MC 104210 Sub 60, filed July 18, braska, New Jersey, New York, North Muscatine, Iowa. Applicant’s repre­ 1955, THE TRANSPORT COMPANY, Carolina, Ohio, Oklahoma, Pennsylvania, sentative: William A. Landau, 1307 East INC., 2728 Agnes Street, Corpus Christi, South Carolina, Tennessee, Texas, West Walnut St., Des Moines 16, Iowa. For Tex. Applicant’s attorney: John E. Virginia, and Wisconsin. authority to operate as a common car­ Lyle, Wilson Tower, Corpus Christi, Tex. No. MC 71789 Sub 4, filed August 19, rier, over irregular routes, transporting: For authority to operate as a com m on 1955, SAM J. QUIMBY, JR ., Mount Zion (1) Malt beverages, from Omaha, Nebr., carrier, over irregular routes, transport­ Road, Marlboro, New York. Applicant’s to Muscatine, Iowa, and empty malt bev­ ing: Petroleum and petroleum products, attorney: John L. Brady, Jr., 75 State erage containers or other such incidental in bulk, in tank vehicles, from points in Street, Albany 7, New York. For author­ facilities (not specified) in this applica­ that part of Texas bounded by a line ity to operate as a common carrier, over tion, on return, and (2) Animal feed, beginning at Port Arthur, Tex., and ex­ irregular routes, transporting: Frozen poultry feed, and feed ingredients, from tending along Texas Highway 87 to junc­ and processed fruits, from Milton, High­ Omaha and La Platte, Nebr., to Musca­ tion U. S. Highway 90, thence along U. S. land and Marlboro, N. Y., to New York, tine, Iowa. Applicant is authorized to Highway 90 to junction Texas Highway N. Y. Empty containers or other such conduct operations in Illinois, Iowa, and 62, thence along Texas Highway 62 to incidental facilities (not specified), in Missouri. junction Texas Highway 253, thence this application on return movement. No. MC 96489 Sub 18, filed August 25, along Texas Highway 253 to junction Applicant is authorized to conduct op­ 1955, BOWEN TRUCKING, INC., Holley, U. S. Highway 96, thence along U. S. erations in New York, Massachusetts, N. Y. Applicant’s representative: Ray­ Highway 96 to junction Texas Highway Pennsylvania, and New Jersey. mond A. Richards, 13 Lapham Park, 327, thence along Texas Highway 327 to No. MC 77135 Sub 10, filed August 10, Webster, N. Y. For authority to operate junction U. S. Highway 69, thence along 1955, PACIFIC TRUCK SERVICE, INC., as a common carrier, over irregular U. S. Highway 69 to junction Texas 600 Park Avenue, San Jose, Calif. Appli­ routes, transporting: Fertilizer and fer­ Highway 326, thence along Texas High­ cant’s attorney: Marvin Handler, 465 tilizer compounds, from Sandusky, Ohio, way 326 to junction Texas Highway California Street, San Francisco 4, Calif. to points in Allegany, Cattaraugus, 365, thence along Texas Highway 365 to For authority to operate as a common Chautauqua, Erie, Genesee, Livingston, junction U. S. Highway 96, and thence carrier, over irregular routes, transport­ Monroe, Orleans, Niagara and Wyoming along U. S. Highway 96 to Port Arthur, ing: Chemicals, acids and fertilizers, in Counties, N. Y .; and empty containers or Tex., to points in Lea County, N. Mex., bulk, in tank vehicles, (1) between points other such incidental facilities used in. including points on the indicated por­ in California, and (2) between points in transporting the commodities specified tions of the highway specified. Appli­ California, on the one hand, and, on the in this application, on return. Appli­ cant is authorized to conduct operations other, points in Oregon, Washington, cant is authorized to conduct operations in Arkansas, Louisiana, New Mexico, Nevada, and Utah. in Maryland, New Jersey and New York. Oklahoma and Texas. No. MC 87786 Sub 2, filed August 16, No. MC 103880 Sub 146, filed June 28, No. MC 105265 Sub 29 (amended), 1955, LIGHTNING LOCAL EXPRESS 1955, (Amended),?, published July 27, filed August 1, 1955, DENVER-AMA- COMPANY, a corporation, 2701 Railroad 1955 on page 5370, PRODUCERS RILLO EXPRESS, a corporation, 200 No. 175? -4 6596 NOTICES

North Fillmore, Amarillo, Tex. Appli­ State line to the North Carolina-Ten- No. MC 111434 Sub 9, filed August 20, cant’s attorney: Sterling E. Kinney, nessee-Virginia State lines, thence east 1955, VERL HAMILTON, Cortez, Colo. Suite 630 Amarillo Building, Amarillo, along the Virginia-North Carolina State Applicant’s attorney: Julian P. Hancock, Tex, For authority to operate as a line to junction U. S. Highway 220, 17 West Main St., Cortez, Colo. For common carrier, over a regular route, thence south along U. S. Highway 220 authority to operate as a common car­ transporting: General commodities, in­ to and including Greensboro, N. C., rier, over irregular routes, transporting: cluding Class A and B explosives, but thence south along U. S. Highway 29 to Sulphuric acid, in bulk, in tank vehicles, excluding those of unusual value, house­ Charlotte, N. C., thence south along U. S. from Rico, Colo., to Monticello, Utah. hold goods as defined by the Commis­ Highway 21 to the North Carolina-South Empty containers or other such inci­ sion, commodities in bulk, and those Carolina State line, thence west along dental facilities (not specified), used in requiring special equipment, between the North Carolina-South Carolina transporting the commodities specified Amarillo, Tex., and Channing, Tex., over State line to the Georgia-South Caro­ in this application, on return movement. an unnumbered highway from Amarillo lina-North Carolina State lines, thence Applicant is authorized to conduct oper­ to junction Texas Highway 51, thence west along the North Carolina-Georgia ations in Utah and Colorado. over Texas Highway 51 to Channing, and State line to point of beginning, includ­ No. MC 111434 Sub 10, filed August 23, return over the same route, serving the ing points on the indicated portions of 1955, VERL HAMILTON, Cortez, Colo. intermediate points of Chffside, Ady, the highways specified; and (2) petro­ Applicant’s attorney: Julian P. Hancock, Tascosa, and Boys Ranch, Tex., and leum, petroleum naptha, gasoline, kero­ 17 West Main St., Cortez, Colo. For the off-route point of the plant of West­ sene, fuel oil, and lubricating oil, in bulk, authority to operate as a common carrier, ern Aggregates, Inc., located on Texas in tank vehicles, (a) from Charleston, over irregular routes, transporting: Sul­ Highway 51 just south of its junc­ W. Va., to points in Alleghany, Bath, phuric acid, in bulk, in tank vehicles, tion with above-mentioned unnumbered Bland, Buchanan, Craig, Dickenson, from Rico, Colo., to Shiprock, N. Mex., highway. Applicant is authorized to Giles, Highland, Lee, Montgomery, and to uranium and vanadium reduction conduct operations' in Colorado, New Pulaski, Roanoke, Russell, Scott, Smyth, plants in San Juan County, N. Mex. Mexico, Oklahoma, and Texas. Tazewell, Washington, Wise, and Wythe Applicant is authorized to conduct oper­ No. MC 107544 Sub 28, filed August 12, Counties, Va., and Highway 25-W to junction U. S. High­ Georgia, Louisiana, Mississippi, South cant’s attorney: John H. Lewis, The 1650 Carolina, Tennessee, and Texas. way 25, thence north along U. S. High­ Grant Street Bldg., Denver 3, Colo. For way 25 to and including Lexington, Ky., No. MC 112205 Sub 3, filed August 25, authority to operate as a common carrier 1955, LEO G. BEST, doing business as thence east along U. S. Highway 60 to over irregular routes, transporting: (1) the Kentucky-West Virginia State line, B E ST’S TRANSFER, Whiteville, N. C. Road oil and residual fu el oil, in bulk, in Applicant’s attorney: B. T. Henderson, thence South along the Kentucky-West tank vehicles, between points in Colo­ Virginia State line to the Virginia State H, Insurance Building, Raleigh, N. C. rado, and (2) equilibrium catalytic For authority to operate as a common line, thence south along the Virginia- cracking catalyst, in bulk, in tank ve­ Kentucky State line to the Virginia- carrier, over irregular irregular routes, hicles, from points in Kansas, Oklahoma, transporting: Roofing and roofing mate­ .Kentucky-Tennessee State lines, thence and Texas, to points in Colorado and west along the Kentucky-Tennessee rials, from Barber, N. J., to points in Wyoming. Applicant is authorized to Columbus County, N. C. State line to point of beginning, includ­ conduct operations in Wyoming, Colo­ ing points on the indicated portions of No. MC 112317 Sub 14, filed August rado, and Kansas. 22, 1955, J. A. THROCKMORTON, do­ the highways specified; (b) points in No. MC 109431 Sub 7, filed August 22, that part of Virginia beginning at the ing business as ARCHIE’S MOTOR 1955, FRANK C. KLEIN & CO., INC., 3600 FREIGHT, 316 E. Sixth St., Richmond, Tennessee - Kentucky - Virginia State East 46th Ave., Denver 16, Colo. For Lines, and extending north along the Va. Applicant’s attorney: Henry E. authority to operate as a common car­ Ketner, State Planters Bank Bldg., Rich­ Kentucky-Virginia State line to the rier, over irregular routes, transporting: Virginia-West Virginia State line, thence mond 19, Va. For authority to operate along the Virginia-West Virginia State R oad oil and residual fuel oil, in bulk, in as a common carrier, over irregular tank vehicles, from points in Colorado routes, transporting: Paper and paper line to junction Virginia Highway 100, and Wyoming to points in Nebraska. thence south along Virginia Highway 100 products, from West Point, Va., to Pitts­ No. MC 109650 Sub 7, filed August 4, burgh, Pa., and Oakmont, Pa. Appli­ to junction U. S. Highway 11, thence 1955, JOSEPH KUST, doing business as along U. S. Highway 11 to junction U. S. cant is authorized to transport the KUST TRUCKING OF COLEMAN, above-named commodities between Highway 460, thence along U. S. High­ WISCONSIN, Coleman, Wis. Appli­ way 460 to junction combined U. S. High­ specified points in Virginia, Pennsyl­ ways 11 and 460, thence east along com­ cant’s attorney: Edward A. Solie, 715 vania, West Virginia, and Ohio. bined U. S. Highways 11 and 460 to and First National Bank Building, Madison No. MC 112485 Sub 1, filed August 18, including Roanoke, Va., thence south 3, Wis. For authority to operate as a 1955, RUSSEL R. STAHLER, 219 Cedar along U. S. Highway 220 to the Virginia- contract carrier, over irregular routes, St., Tamaqua, Pa. Applicant’s repre­ North Carolina State line, thence west transporting: Commercial furniture and sentative: A. E. Enoch, 556 Main St., along the Virginia-North Carolina State commercial fixtures, uncrated, from Bethlehem, Pa. For authority to operate line and the Virginia-Tennessee State Coleman, Wis., to points in Arkansas, as a common carrier, over irregular line to point of beginning, including Colorado, Indiana, Kansas, Kentucky, routes, transporting, Coal, from points points on the indicated portions of the Missouri, Montana, Nebraska, Ohio, in Luzerne and Schuylkill Counties, highways specified; and (c) points in Oklahoma, Texas, Utah, West Virginia, Pennsylvania, to Brooklyn, N. Y. Appli­ that part of North Carolina beginning and Wyoming. Applicant is authorized cant is authorized to transport the at the North Carolina-Georgia-Tennes- to conduct operations in Illinois, Iowa, named commodity from Pennsylvania see State lines and extending north Michigan, Minnesota, North Dakota, points to Palisades Park, N. J., and along the North. Carolina-Tennessee South Dakota, and Wisconsin. Bronx County, N. Y. Thursday, September 8, 1955 FEDERAL REGISTER 6597 No. MC 112497 Sub 40, filed August 24, ney: James W. Hagar, Commerce Build­ specified, between Three Forxs, Mont., 1955, HEARIN TANK LINES, INC., 6440 ing, P. O. Box 432, Harrisburg, Pa. For and Francis, Mont., from Three Forks Rawlins Street (Box 3096, Istrouma authority to operate as a common car­ over U. S. Highway 10 to Logan, Mont., Branch) Baton Rouge, La. For author­ rier, over irregular routes, transporting: thence continuing over U. S. Highway 10 ity to operate as a common carrier, over Air dehydrators and spiral heat ex­ to junction County roads, thence over irregular routes, transporting: M ethanol, changers, and component parts thereof County roads to Maudlow, Mont., and in bulk, in tank vehicles, from Sterling- and accessories moving in connection thence continuing over County roads to ton, La., to Springfield, Mo. Applicant therewith, between Lykens, Pa., on the Francis, and return over the same route, is authorized to conduct operations in one hand, and, on the other, points serving no intermediate points. Alabama, Florida, Georgia and Loui­ in the United States and the District of No. MC 115529 Sub 1, filed August 23, siana. Columbia. Carrier is not presently au­ 1955, J. A. HISER and JOSEPH D. No. MC 113779 Sub 18, filed August 16, thorized to transport the commodities HALTERMAN, doing business as H & H 1955, YORK INTERSTATE TRUCKING, specified. TRUCKING COMPANY, 187 Pocahon­ INC., P. O. Box 9686, Houston 15, Tex. No. MC 114816 Sub 1, filed June 22, tas St., Buckhannon, W. Va. Appli­ For authority to operate as a common 1955, LOUIS PIERONI AND RAY cant’s attorney: John C. White, 400 carrier, over irregular routes, transport­ PIERONI, doing business as TRANS­ Union Building, Charleston 1, W. Va. ing: Liquid petroleum wax, in bulk, in PORTATION SERVICE, 1916 S. Cali­ For Authority to operate as a com m on tank vehicles, from Chaison and Hous­ fornia Ave., Chicago, 111. Applicant’s carrier, over irregular routes, transport­ ton, Tex., to points in New Mexico on and attorney: W. J. Barron, 1023 N. Keystone ing: Hardwood flooring and rough lum­ south of U. S. Highway 66, and contam i­ Ave., River Forest, 111. For authority to ber, between Buckhannon, W. Va., on nated shipments from the above- operate as a contract'carrier, over irregu­ the one hand, and, on the other, points described destination points to the lar routes, transporting: Baking pans, in Pennsylvania, Maryland, Virginia, above-specified origin points. between Chicago, 111. on the one hand, and the District of Columbia. No. MC 113843 Sub 12, filed August 2, and, on the other, points in Illinois and No. MC 115533, filed August 22, 1955, 1955, (Amended), REFRIGERATED Indiana, those in Wisconsin south of CAPITOL MOVING & STORAGE CO., FOOD EXPRESS, INC., 8 Common­ Wisconsin Highway 29, those in Iowa INC., Edgewood and McGuckian Streets, wealth Pier, Boston, Mass. Applicant’s east of U. S. Highway 65, those in Ohio Annapolis, Md. For authority to attorney: James M. Walsh, 8 Common­ west of a line bounded by U. S. Highway operate as a contract carrier, over ir­ wealth Pier, Boston 10, Mass. For au­ 23 to Columbus, thence over U. S. regular routes, transporting: Catalogues, thority to operate as a common carrier, Highway 40 to its junction with U. S. from Baltimore, Annapolis and Salis­ over irregular routes, transporting: Highway 42, thence over U. S. Highway bury, Md., and Dover, Del., to points in Frozen foods, canned and preserved food­ 42 to Cincinnati, those in Michigan Maryland, Delaware, Virginia and stuffs, and canned goods, from points in south of a line bounded by U. S. Highway Pennsylvania. Cattaraugus, Cayuga, Chemung, Erie, 10 to Midland, thence over, Michigan No. MC 115534, filed August 22, 1955, Livingston, Monroe, Niagara, Onondaga, Highway 20 to Bay City, and thence HERBERT GULSVIG, BERNARD A. Orleans, Oswego, Schuyler, Steuben, and southeast along U. S. Highways 10 and PIHLSTROM AND MILO MATZ, doing Wayne Counties, N. Y., to points in 23 to Detroit, Mich., Owensboro, Ky. and business as G. M. P. TRUCKING SERV­ Maine, New Hampshire, and Vermont. Louisville, Ky., and St. Louis, Mo. Ap­ ICE, 319 Second St., N. E., Wadena, Minn. Applicant is authorized to conduct oper­ plicant is authorized to transport baking Applicant’s attorney: John S. Whittlesey, ations in Connecticut, Delaware, Illinois, pans between Chicago, 111. and points Suite 2-3, 69Y2 Broadway, Fargo, North Indiana, Iowa, Kentucky, Maine, Mary­ within 200 miles of Chicago. Dakota. For authority to operate as a land, Massachusetts, Michigan, Minne­ No. MC 115096 Sub 1, filed August 15, contract carrier, over irregular routes, sota, Missouri, Nebraska, New Hamp­ 1955, STATE TRAILER SALES, A COR­ transporting: Buildings, complete, shire, New Jersey, New York, North PORATION, RFD 1. Scarboro, Maine. knocked down, or in sections, including Carolina, Ohio, Pennsylvania, Rhode For authority to operate as a common all component parts, materials, supplies Island, South Carolina, Tennessee, carrier, over irregular routes, transport­ and fixtures and, when shipped with Texas, Virginia, West Virginia, Wiscon­ ing: House trailers, and contents thereof, such buildings, accessories, including sin, and the District of Columbia. restricted to secondary movements in lumber, used in the erection, construc­ No. MC 114045 Sub 6, filed August 22, truckaway service, between points in tion and completion thereof, from Wa­ 1955, E. L. MOORE AND JAMES T. Maine, New Hampshire, Vermont, and all dena, Minn., to points in Montana on and MOORE, doing business as TRANS- points in the United States including the east of U. S. Highway 89, points in North COLD EXPRESS, P. O. Box 5842, Dallas District of Columbia. Dakota, South Dakota, Iowa and Minne­ 22, Texas. Applicant’s attorney: Ralph No. MC 115500, filed August 5, 1955, sota, points in the upper peninsula of W. Pulley, Jr., First National Bank Bldg., WILLIAM WIEBKE, 120 W. Poplar Michigan, Wisconsin, Illinois on and Dallas, Tex. For authority to operate as Street, Floral Park, N. Y. Applicant’s north and west of U. S. Highway 66, Mis­ a common carrier, over irregular routes, representative: L. J. Walsh, 15 Cathedral souri on and north of U. S. Highway 40, transporting: Seafoods, frozen, frozen Avenue, Franklin Square, N. Y. For and Nebraska. Empty containers or cooked, breaded, stuffed, smoked, and authority to operate as a contract car­ other such incidental facilities (not pre-cooked, from Boston, Gloucester, rier, over irregular routes, transporting: specified) used in transporting the com­ Chelsea, Lowell, New Bedford and Such merchandise as is dealt in by modities specified in this application on Provincetown, Mass., Rehoboth Beach, wholesale, retail and chain grocery and return movement. Del., Naticoke and Tilghman, Md., to food business houses, from points in the Oklahoma City and Tulsa, Okla., Dallas, New York, N. Y., Commercial Zone, as APPLICATIONS OP MOTOR CARRIERS OF Fort Worth, Amarillo, Lubbock, Midland, defined by the Commission, and points PASSENGERS Big Spring, Odessa, El Paso, Houston, in Nassau and Suffolk Counties, N. Y.f No. MC 1510 Sub 54, filed June 20, San Antonio, Waco, Austin, Texarkana, to points in Nassau and Suffolk Counties, 1955, SOUTHWESTERN GREYHOUND Wichita Falls, Killeen, Harlingen, N. Y. Returned shipments of the com­ LINES, INC., 210 E. Ninth Street, Fort Brownsville, Laredo, Eagle Pass, Corpus modities specified from the above-speci­ Worth, Tex. Applicant’s attorney: L. C. Christi and San Antonio, Tex. fied destination points to the above- Major, 2001 Massachusetts Ave. NW., No. MC 114147 Sub 2, filed August 23, described origin points. Washington, D. C. For authority to op­ 1955, ROY H. SANDBERG, 835 Third No. MC 115518, filed August 15, 1955, erate as a common carrier, over regular Street, North, Lakeview, Oreg. Appli­ SAMUEL J . STANBURY, 322 North routes, transporting: Passengers, and cant’s attorney: Julian Herndon, Jr., Tracy Street, Bozeman, Mont. Appli­ their baggage, and newspapers, express P. O. Box 1005, Lakeview, O reg.. For cant’s attorney: Joseph B. Gary, Suite and mail, in the same vehicle with pas­ authority to operate as a contract car­ 3-6 Golden Rule Building, Bozeman, sengers, between Dallas, Tex., and Gar­ rier, over irregular routes, transporting: Mont. For authority to operate as a land, Tex., from Dallas over County Ores and minerals, from mines in Lake contract carrier, over a regular route, Road No. 560 to Garland, and return County, Oreg. to Lakeview, Oreg. transporting: Mail, express, and cream , over the same route, as an alternate No. MC 114569 Sub 3, filed August 26, and returned empty containers or other route, for operating convenience only, 1955, SHAFFER TRUCKING, INC., such incidental facilities (not specified) serving no intermediate points, in con­ Elizabethville, Pa. Applicant’s attor­ used in transporting the commodities nection with carrier’s authorized opera- 6598 NOTICES tions between Dallas and Garland, Tex., COMPANY, 360 McGill Street, Montreal, action. Person to whom correspondence over Texas State Highway 78. Applicant Quebec, Canada. For authority to oper­ should be addressed: Applicant. Oper­ is authorized to conduct operations in ate as a common carrier, over a regular ating rights sought to be controlled: Arkansas, Colorado, Kansas, Louisiana, route, transporting: Passengers, General commodities, with certain ex­ Missouri, New Mexico, Oklahoma, Ten­ -(checked baggage of passengers, mail ceptions including household goods, as nessee, and Texas. and express in a separate vehicle), be­ a common carrier, over regular routes, No. MC 29889 Sub 3, filed August 22, tween the International Boundary line between Boston, Mass., and Barre, Law­ 1955, ROCKLAND TRANSIT CORPO­ between the United States and Canada rence, and Lowell, Mass., and Providence RATION, 126 North Washington Ave., at Detroit, Mich., and Detroit, Mich., and Woonsocket, R. I., between Law­ Bergenfield, N. J. Applicant’s attorney: from said International Boundary line rence, Mass., and Lowell, Mass., between 5. S. Eisen, 140 Cedar Street, New York at Detroit through the Detroit-Windsor Lowell, Mass., and North Chelmsford, 6, N. Y. For authority to operate as a Tunnel to the Tunnel Exit, thence south Mass., and between Woonsocket, R. I., common carrier, over irregular routes, over Randolph Street to junction At­ and Providence, R. I., serving all inter­ transporting: (1) Passengers and their water Street, thence east over Atwater mediate points; wool, between Boston, \baggage in the same vehicle with passen­ Street to Brush Street station, thence Mass., and Barre, Mass., serving the in­ gers, in special operations, in round-trip north over Brush Street to junction termediate point of Gilbertville, Mass., sightseeing and pleasure tours, beginning Jefferson Avenue, thence west over for delivery only; general commodities, and ending in Rockland County, N. Y. Jefferson Avenue to junction Cass with the above-noted exceptions, over and extending to points in New Jersey, Avenue, thence north over Cass Avenue irregular routes, between Boston, Mass., Pennsylvania, Maryland, Delaware, Vir­ to junction Michigan Avenue, thence on the one hand, and, on the other points ginia, West Virginia, Connecticut, Rhode east over Michigan Avenue to junction in Massachusetts on and east of Massa­ Island, Massachusetts, Vermont, New Washington Boulevard, thence north chusetts Highway 12, between points in Hampshire and Maine; the District of over Washington Boulevard to Park Massachusetts on and east of Massa­ Columbia; New York City, N. Y.; points Avenue, serving no intermediate points. chusetts Highway 12 on the one hand, in Suffolk and Nassau Counties, N. Y.; No. MC 115542, J. P. M. DeBOLT, and, on the other, points in Rhode and ports of entry on the International doing business as DeBOLT TRANSIT, Island. Henry Jenkins Transportation Boundary between the United States and 335 East 7th Avenue, Homestead, Pa. Co., Incorporated, is authorized to oper­ Canada in New York; and (2) passen­ Applicant’s attorney: Reubin Kaminsky, ate in Massachusetts, Rhode Island, New gers and their baggage in the same ve­ 410 Asylum St., Hartford, Conn. For Hampshire, New York, Vermont, and hicle with passengers, in round-trip authority to operate as a common car­ New Jersey. Application has been filed special operations, during the authorized rier, over irregular routes, transporting: for temporary authority under Section racing seasons, beginning and ending in Passengers and their baggage, iii the 210a (b). Rockland County, N. Y. and extending to same vehicle with passengers, in charter No. MC-F 6061. Authority sought for the Monmouth Park Jockey Club Race operations, beginning and ending at control and merger by HEARIN TANK Track in Oceanport, N. J., and Garden points in Allegheny County, Pa., and ex­ LINES, INC., P. O. Box 3096, Istrouma State Race Track, Delaware Township, tending to all points in the United States, Branch, Baton Rouge, Louisiana, of the N. J., the Freehold Trotting Track, Free­ including the District of Columbia. operating rights and property of LIQ­ hold, N. J., the Atlantic City Race Track, UID CARRIERS, INC., P. O. Box 241, Hamilton Township, N. J., the Acqueduct APPLICATIONS UNDER SECTION 5 AND Bay Minette, Alabama, and for acquisi­ Race Track and Jamaica Race Track in 210a (b) tion by Don B. Hearin, Jr., P. O. Box New York City, N. Y., the Belmont Race No. MC-F 6054. Authority sought for 3096, Istrouma Branch, Baton Rouge, Track, Nassau County, N. Y., the Roose­ purchase by CONVOY COMPANY, 3900 Louisiana, of control of the operating velt Raceway, Westbury, Long Island, N. W. Yeon Avenue, Portland, Oregon, rights and property through the trans­ N. Y., the Delaware Park Race Track in of the operating rights and property of action. Applicant’s attorney: Harry C. Wilmington, Del., the Pimlico Race Henry W. REIMERS, 111 N. Thirtieth Ames, Jr., 227 Transportation Bldg., Track, Baltimore, Md., Bowie Race Street, Billings, Montana, and for acqui­ Washington 6, D. C. Operating rights Track, Bowie, Md., and Laurel Park Race sition by John Youell, 3900 N. W. Yeon sought to be controlled and merged: Track, Laurel, Md., and the Lincoln Ave., Portland, Oreg., T. H. Youell and anhydrous ammonia and methanol, ethyl Downs Race Track, Lincoln, R. L Appli­ Youell, Inc., 2155. Northlake, Seattle, alcohol, denatured alcohol'solvents, tall cant is authorized to conduct operations Washington, of control of the operating oil, pulp mill liquid, muriatic acid, naval in New York and New Jersey. rights and property through the pur­ stores, liquid neutral salts, and sulphate No. MC 115420 Sub 3, filed August 25, chase. Applicant’s attorney: Marvin liquor shimmings, as a common carrier, 1955, MF.RT ,E e . MARTIN, doing business Handler, 465 California Street, San over irregular routes, from, to and be­ as SUPERIOR BUS SERVICE, P. O. Box Francisco, California. Operating rights tween certain points in Louisiana, 169, Harrisonburg, Va. For authority to sought to be transferred: automobiles, Alabama, Florida, Georgia, Mississippi, operate as a common ccurrier, over a reg­ new and used, in truckaway service, as a South Carolina, Tennessee and Texas. ular route, transporting: Passengers and common carrier, from Duluth, Brainerd, Vendee is authorized to operate in Loui­ their baggage, and express, mail, and Hibbing, and Minneapolis, Minn., to siana, Mississippi, Arkansas, Florida, newspapers, in the same vehicle with points in that part of Montana east of Georgia, Alabama and Tennessee. Ap­ passengers, between Harrisonburg, Va., the Continental Divide, except Helena, plication has not been filed for tempo­ and Franklin, W. Va., over U. S. Highway Butte, Dillon and Sidney, Mont. Vendee rary authority under Section 210a (b). 33, serving all intermediate points. is authorized to operate in Arizona, Ar­ No. MC-F 6063. Authority sought for No. MC 115530, filed July 26, 1955, kansas, California, Colorado, Idaho, purchase by PENN YAN EXPRESS, INC., JOHN W. PATTERSON, Hilton Head, Iowa, Kansas, Louisiana, Minnesota, Penn Yan, New York, of the operating S. C. For authority to operate as a com ­ Missouri, Montana, Nebraska, Nevada, rights and property of N. C. PURDIE mon carrier, over a regular route, trans­ New Mexico, North Dakota, Oklahoma, CORPORATION, Stanley, New York, and porting: Passengers, between Hilton Oregon, South Dakota, Texas, Utah, for acquisition by Robert L. Hinson, 346 Head, S. C., and Savannah, Ga., from Washington and Wyoming. Application Main Street, Penn Yan, New York, of Hilton Head over unnumbered highways has not been filed for temporary author­ control of the operating rights through to Eugene Talmadge Bridge, thence over ity under Section 210a (b). the purchase. Applicant’s attorney: Eugene Talmadge Bridge and over un­ No: MC-F 6060. Authority sought for Bert Collins, 140 Cedar Street, New York numbered highways to Bluffton, S. C„ control and merger by HENRY JEN­ 6, New York. Operating rights sought to thence over South Carolina Highway 46 KINS TRANSPORTATION CO., IN­ be transferred: general commodities, to junction U. S. Highway 170, thence CORPORATED, 32 Regis Road, Boston with certain exceptions, including house­ over U. S. Highway 170 to junction U. S. hold goods, as a common carrier, over Highway 17, thence over U. S. Highway 26, Mass., of the operating rights and irregular routes between New York, N. Y., 17 to Savannah, and return over the property of MOULTON & HOLMES, and points in 13 New Jersey counties on same route, serving all intermediate INC., 1033 Massachusetts Ave., Boston the one hand, and, on the other, points in points. 18, Mass., and for acquisition by Everett New York, except New York City and No. MC 115535, filed August 22, 1955, H. Jenkins of control of the operating points within 50 miles thereof; groceries, CANADIAN NATIONAL RAILWAY rights and property through the trans­ from points in Monroe, Wayne, Ontario, Thursday, September 8, 1855 FEDERAL REGISTER 6589

Livingston, Genesee, and Yates Counties, Kratzmeir, agent, for interested ran car­ telegraphic notice, and shall be published N. Y. to points in Passaic, Bergen, Union, riers. Rates on mine run salt, in carloads in the F ederal R egister. Hudson, and Essex Counties, N. J . ; vege­ from Carla, La., to points in Alabama table stearin, salad dressing, oleomar­ and Mississippi. By the Commission. garine, advertising matter, prepared Grounds for relief: Additional route, [ seal] Orval L. DuB ois, mustard, coconut oil, pure coconut olein, rail competition and circuity. Secretary. table sauces, pickles, lard substitutes, Tariff: Supplement 56 to Agent Kratz­ [F. R. Doc. 55-7236; Piled. Sept. 7, 1955; cottonseed oil, cooking oil, and vegetable meir’s I. C. C. 3903. 8:45 a. m.] oil from, to and between certain points FSA No. 31055: Alcohol and Related in N. Y. and N. J. Vendee is authorized Articles—Tallant, Okla., to Acme, N. C. to operate in New York, New Jersey, Filed by F. C. Kratzmeir, Agent, for in­ Pennsylvania, Maryland, Delaware, and terested rail carriers. Rates on alcohol [Pile No. 24D-1752J the District of Columbia. Application and related articles, in carloads from has been filed for temporary authority Tallant, Okla., to Acme, N. C. B lu e Ch ip U ranium Corp. under Section 210a (b). Grounds for relief: Rates constructed ORDER TEMPORARILY DENYING EXEMPTION, By the Commission. on basis of a distance formula, and STATEMENT of reasons therefor, and circuity. NOTICE OF OPPORTUNITY FOR HEARING [seal] H arold D. M cCoy, Tariff: Supplement 21 to Agent Kratz­ Secretary. meir’s I. C. C. 4094. S eptember 1,1955. I. Blue Chip Uranium Corporation, [P. R. Doc. 55-7245; Filed, Sept. 7, 1955; By the Commission. 8:47 a. m.] Denham Building, Denver 2, Colorado, [ seal] H arold D. McCo y, having filed with the Commission on Secretary. May 27, 1955, a notification on Form 1-A, relating to a proposed public offer­ [P. R. Doc. 55-7244; Piled, Sept. 7, 1955; F ourth S ection Applications for R el ie f 8:47 a. m.] ing of $250,000 shares of its 1 cent par value common stock at $1 per share, and S eptember 2, 1955. having filed amendments thereto on Protests to the granting of an applica­ June 25, July 7, and August 1, 1955, for tion must be prepared in accordance with SECURITIES AND EXCHANGE the purpose of obtaining an exemption Rule 40 of the General Rules of Practice COMMISSION from the registration requirements of (49 CFR 1.40) and filed within 15 days [File No. 24D-1358] the Securities Act of 1933, as amended, from the date of publication of this pursuant to the provisions of section notice in the F ederal R egister. S outhwestern U ranium T rading Corp. 3 (b) thereof and Regulation A promul­ LONG-AND-SHORT-HAUL ORDER VACATING ORDER OF SUSPENSION gated thereunder; and n . The Commission having reasonable FSA No. 31050: Grading and Road S eptember 1, 1955. cause to believe: Making Implements from C. F. A. Terri­ Southwestern Uranium Trading Cor­ A. That the terms and conditions of tory to North Atlantic Ports. Filed by poration filed on August 2, 1954 with the Regulation A have not been complied H. R. Hinsch, Agent, for interested rail Commission a notification on Form 1-A with in that the notification and the of­ carriers. Rates on grading and road relating to a proposed public offering of fering circular dated June 26, 1955, filed making implements from points in 1,500,000 shares of its 17 cent par value as part of said notification, contains C. F. A. territory to North Atlantic ports. common stock at 20 cents per share for untrue statements of material facts and Grounds for relief: Port equalization the purpose of obtaining an exemption fails to state material facts necessary in and grouping. from the registration provisions of the order to make the statements made, in FSA No. 31051: Paper Boxes from Cly- Securities Act of 1933, as amended, pur­ the light of the circumstances under attville, Ga., to East St. Louis, III., and suant to Section 3 (b) thereof, and Regu­ which they were made, not misleading, St. Louis, Mo. Filed by St. Louis-San lation A promulgated thereunder. particularly with respect to the follow­ Francisco Railway Company, for itself The Commission on July 29, 1955, ing: and interested rail carriers. Rates on ordered, pursuant to Rule 223 (a) of the The statement contained therein that boxes, fibre-board, pulpboard or straw- General Rules and Regulations under 1,127,400 shares were transferred by board, corrugated, carloads from Clyatt- said Act, that the conditional exemption Joseph P. Smith, Sr., president of the ville, Ga., to East St. Louis, 111., and St, under Regulation A be temporarily sus­ issuer, as gifts, supported by his affi­ Louis. Mo. pended on the grounds that the terms davit thereof, when, in fact, such trans­ Grounds for relief: Circuity. and conditions of Regulation A had not actions included sales of shares. FSA No. 31052: Sand from Marion, Ky., been complied with in that said issuer B. That the use of said offering circu­ to Points in Ohio. Filed by R. E. Boyle, had failed to file on Form 2-A reports of lar in connection with the offering of the Jr., Agent, for interested rail carriers. sales as required by Rule 224 of Regula­ issuer’s securities would operate as a Rates on sand, carloads from Marion, tion A and had ignored requests by the fraud or deceit upon purchasers of said Ky., to Buey rus, Cleveland, Logan and Commission’s staff for such reports. securities. Niles, Ohio. The company, having, subsequent to C. That sales literature has been Grounds for relief: Additional routes the action temporarily suspending the widely distributed which contains false and circuity. exemption under Regulation A, filed the and misleading statements concerning Tariff: Supplement 22 to Agent Span- requisite report as required by Rule 224; the claimed value of the ore reserves of inger’s I. C. C. 1469. and the company, the falsity of which is not FSA No. 31053: Petroleum and Petro­ It appearing to the Commission that disclosed in the offering circular, and leum Products from Kendrick, Okla. a hearing is not necessary or appropriate which would operate as a fraud or de­ Filed by F. C. Kratzmeir, Agent, for in­ in the public interest or for the protec­ ceit upon purchasers of said securities. terested rail carriers. Rates on petro­ tion of investors and that the basis for It is ordered, Pursuant to Rule 223 (a) leum and petroleum products, carloads said temporary order of suspension, as of the General Rules and Regulations from Kendrick, Okla., to points in Il­ aforesaid, no longer exists; under the Securities Act of 1933 that the linois, official, southern, southwestern, It is ordered, Pursuant to Rule 223 (b) exemption under Regulation A be, and it and western trunk-line territories. of the General Rules and Regulations hereby is temporarily denied. Grounds for relief: Rail competition, under the Securities Act of 1933, as Notice is hereby given that any person grouping and circuity. amended, that said temporary order of having any interest in the matter may Tariffs: Supplement 63 to Agent suspension be, and it hereby is, vacated. file with the Secretary of the Comm is- Kratzmeir’s I. C. C. 4086 and seven other It is further ordered, That this Order sion a written request for a hearing; tariffs. shall be served upon Southwestern that, within 20 days after receipt of such FSA No. 31054: Salt from Carla, La., to Uranium Trading Corporation person­ request, the Commission will, or at any Alabama and Mississippi. Filed by F. C. ally or by registered mail or by confirmed time upon its own motion may, set the 6600 NOTICES matter down for hearing at a place to be end Trade Commission Act heretofore Akiko Nakanishi designated by the Commission for the granted to Central California War In­ NOTICE OF INTENTION TO RETURN VESTED purpose of determining whether this dustries, Inc., and the participating com­ PROPERTY order of denial should be vacated or panies, is likewise withdrawn, except as made permanent, without prejudice, to those acts performed or omitted by Pursuant to section 32 (f) of the Trad­ however, to the consideration and pres­ reason of the request which occurred ing With the Enemy Act, as amended, entation of additional matters at the prior to this withdrawal. notice is hereby given of intention to hearing; and that notice of the time (Sec. 708, 64 Stat. 818; 50 TJ. S. O. App. 2158; . return, on or after 30 days from the date and place for said hearing will be K O. 10493, October 16, 1953, 18 F. R. 6583) of publication hereof, the following promptly given by the Commission. property, subject to any increase or de­ It is further ordered, That this Order Dated: September 1, 1955. crease resulting from the administration arid Notice shall be served upon Blue W endell B . B arnes, thereof prior to return, and after ade­ Chip Uranium Corporation personally Administrator. quate provision for taxes and conserva­ or by registered mail or by confirmed tory expenses: [F. R. Doc. 55-7265; Filed, Sept. 7, 1955; telegraphic notice, and shall be published 8:50 a. m.] Claimant, Claim No., Property, and Location in the F ed era l R e g is t e r . Akiko Nakanishi, Tokyo, Japan; $121.33 in By the Commission. the Treasury of the United States, One hun­ dred (100) shares Pacific Trading Company, [SEAL] ORVAL L . D u BOIS, [Declaration of Disaster Area 62, Arndt. 1] California, $20 par value capital stock pres­ Secretary. ently in the custody of the Safekeeping De­ [F. R. Doc. 55-7235; Filed, Sept. 7, 1955; New J ersey partment of the Federal Reserve Bank of 8:45 a. m.] New York, New York, N. Y.; Claim No. 59508, AMENDMENT TO DECLARATION OF DISASTER Vesting Order No. 4613. AREA 1. Declaration, of Disaster Area 62 Executed at Washington, D. C., on SMALL BUSINESS ADMINISTRA­ August 31, 1955. dated August 22, 1955, for the State of TION New Jersey is hereby amended by adding For the Attorney General. [D. P. A. Request 10] the Comity of Somerset to the first group [ seal] P aul V. M yron, W ithdrawal of R equest to Coordinated of Counties (Sussex, Warren, and Hun­ Deputy Director, M anufacturers of Santa Clara terdon) referred to in paragraph 1 of Office of Alien Property. C ounty, I nc., to Operate as Small said Declaration. B usiness E nterprise P roduction P ool, [F. R. Doc. 55-7247; Filed, Sept. 7, 1955; Dated: September 2, 1955. 8:48 a. m.] and W ithdrawal of R equests to Cer­ tain Companies T o P articipate in W endell B . B arnes, Operations of Such P ool Administrator.

Pursuant to "Section 708 of the Defense [F. R. Doc. 55^7309; Filed, Sept. 6, 1955; PASQUALE I . SlMONELLI Production Act of 1950, as amended, the 2:40 p. m.] request to Coordinated Manufacturers NOTICE OF INTENTION TO RETURN VESTED of Santa Clara County, Inc., published on PROPERTY July 4, 1951, in 16 F. R. 6544 and the DEPARTMENT OF JUSTICE Pursuant to section 32 (f) of the Trad­ requests to the companies therein listed Office of Alien Property ing With the Enemy Act, as amended, to participate in the operations of such notice is hereby given of intention to pool are hereby withdrawn. Gustave L. B onwitt et al. return, on or after 30 days from the date The immunity from prosecution under NOTICE OF INTENTION TO RETURN VESTED of publication hereof, the following the Federal anti-trust laws and the Fed­ PROPERTY property, subject to any increase or de­ eral Trade Commission Act heretofore crease resulting from the administration granted to Coordinated Manufacturers Pursuant to section 32 (f) of the Trad­ thereof prior to return, and after ade­ of Santa Clara County, Inc., and the ing With the Enemy Act, as amended, quate provision for taxes and conserva­ participating companies, is likewise with­ notice is hereby given of intention to re­ tory expenses: drawn, except as to those acts performed turn, on or after 30 days from the date of Claimant, Claim No., Property, and Location or omitted by reason of the request which publication hereof, the following prop­ Pasquale I. Simonelli, Naples, Italy, occurred prior to this withdrawal. erty located in Washington, D. C., includ­ $3,629.42 in the Treasury of the United (Sec. 708, 64 Stat. 818; 50 U. S. C. App. 2158; ing all royalties accrued thereunder and States; Claim No. 36172, Vesting Order No. E. O. 10493, October 16, 1953, 18 F. R. 6583) all damages and profits recoverable for 409. Dated: September 1, 1955. past infringement thereof, after ade­ Executed at Washington, D. C., on W endell B . B arnes, quate provision for taxes and conserva­ August 31, 1955. tory expenses: Administrator. For the Attorney General. [F. R. Doc. 55-7264; Filed, Sept. 7, 1955; Claimant, Claim No., Property, and Location 8:50 a. m.] Gustave L. Bonwitt, New York, New York; [ seal] P aul V. Myron, Mrs. Elizabeth Hartogs-Hijman, London, Deputy Director, England; an undivided three-sevenths in­ Office of Alien Property. [D. P. A. Request 16] terest in and to United States Letters Patent No. 2,140,568 vested by Vesting Order No. IF. R. Doc. 55-7248; Filed, Sept. 7, 1955; WITHDRAWAL OF REQUESTS TO CENTRAL 2439 (8 Fed. Reg. 16331, December 4, 1943) 8:48 a. m.] CALIFORNIA WAR INDUSTRIES, INC., TO to Gustave L. Bonwitt and Mrs. Elizabeth OPERATE AS SMALL BUSINESS ENTERPRISE Hartogs-Hijman in the following propor­ PRODUCTION POOL, AND WITHDRAWAL OF tions: 60 percent thereof to Gustave L. Bonwitt and 40 percent thereof to Mrs. REQUESTS TO CERTAIN COMPANIES TO PAR­ Elizabeth Hartogs-Hijman; Claim No. 2303, E lise L eib TICIPATE IN OPERATIONS OF SUCH POOL Vesting Order No. 2439. NOTICE OF INTENTION TO RETURN Pursuant to Section 708 of the Defense Executed at Washington, D. C., on VESTED PROPERTY Production Act of 1950, as amended, the August 31, 1955. request to Central California War In­ Pursuant to section 32 (f) of the dustries, 3hc., published on October 2, For the Attorney General. Trading With the Enemy Act, as 1951, in 16 F. R. 10042 and the requests amended, notice is hereby given of inten­ to the companies therein listed to par­ [seal] P aul V. M yron, tion to return, on or after 30 days from ticipate in the operations of such pool Deputy Director, the date of publication hereof, the are hereby withdrawn. Office of Alien Property. following property, subject to any in­ The immunity from prosecution under [F. R. Doc. 55-7246; Filed, Sept. 7, 1955; crease or decrease resulting from the the Federal antitrust laws and the Fed- 8:48 a. m.] administration thereof prior to return, Thursday, September 8, 1955 FEDERAL REGISTER 6601 and after adequate provision for taxes Executed at Washington, D. C., on J oseph Meller and conservatory expenses: August 31,1955. NOTICE OF INTENTION TO RETURN VESTED Claimant, Claim No., Property, and Location For the Attorney General. PROPERTY Elise Leib, 31 Langestr., Detmold, Germany, $7,772.29 in the Treasury of the United [ seal ] P aul V. Myron, Pursuant to section 32 (f ) of the Trad­ States; Claim No. 56661, Vesting Order No. Deputy Director, ing With the Enemy Act, as amended, 5010. Office of Alien Property. notice is hereby given of intention to re­ turn, on or after 30 days from the date Executed at Washington, D. C., on [F. R. Doc. 55-7255; Filed, Sept. 7, 1955; of publication hereof, the following prop­ August 31, 1955. 8:48 a. m.] erty located in Washington, D. „., in­ For the Attorney General. cluding all royalties accrued thereunder and all damages and profits recoverable [seal] P aul V. M yron, for past infringement thereof, after ade­ Deputy Director, Celestino Massimo Co motto Office of Alien Property. quate provision for taxes and conserva­ notice of intention to return vested tory expenses: [P. R. Doc. 55-7249; Filed, Sept. 7. 1955; PROPERTY Claimant, Claim No., Property, and Location 8:48 a. m.] Pursuant to section 32 (f ) of the Trad­ Joseph Meller, Vienna 1, Austria, $53.50 in ing With the Enemy Act, as amended, the Treasury of the United States, Claim No. notice is hereby given of intention to 44963, Vesting Order No. 1758, all right, title, return, on or after 30 days from the date interest and claim of whatsoever kind or E lise S chmidt von J ohnson of publication hereof, the following prop­ nature in and to every copyright, claim of copyright and right to copyright, license, NOTICE OF INTENTION TO RETURN VESTED erty, subject to any increase or decrease agreement, privilege, power and right of PROPERTY resulting from the administration whatsoever nature, including but not limited thereof prior to return, and after ade­ to all monies and amounts, by way of royalty, Pursuant to section 32 (f ) of the Trad­ quate provision for taxes and conserva­ share of profits or other emolument, and all ing With the Enemy Act, as amended, tory expenses: causes of action accrued or to accrue, relat­ notice is hereby given of intention to Claimant, Claim No., Property, and Location ing to the work entitled "Ophthalmic return, on or after 30 days from the Surgery” as listed in Exhibit A to Vesting date of publication hereof, the fol­ Celestino Massimo Comotto, Frinco d’Asti, Order No. 1758 ( 9 F. R. 13773, November 17. lowing property, subject to any increase Italy, $500 in the Treasury of the United 1944) to the extent owned by Joseph Meller, States; Claim No. 66529, Voluntary Turnover. immediately prior to the vesting thereof by or decrease resulting from the adminis­ Vesting Order No. 1758. tration thereof prior to return, and after Executed at Washington, D. C., on adequate provision for taxes and con­ August 31, 1955. Executed at Washington, D. C., on servatory expenses: August 31, 1955. For the Attorney General. Claimant, Claim No., Property, and Location [seal] P aul V. M yron, For the Attorney General. Mrs. Elise Schmidt von Johnson, c/o The First National Bank of Galveston, P. O. Box Deputy Director, [ seal] P aul V. M yron, 360, Galveston, Texas, presently residing at: Office of Alien Property. Deputy Director, Englschalkingerstrasse 9, Munich, Germany, [F. R. Doc. 55-7252; FUed, Sept. 7, 1955; Office of Alien Property. $428.56 in the Treasury erf the United States; 8:48 a. m.] Claim No. 63373, Vesting Order No. 11474. [F. R. Doc. 55-7254; Filed, Sept. 7, 1955; 8:48 a. m.] Executed at Washington, D. C., on August 31, 1955. For the Attorney General. Giacomo B ernardoni NOTICE OF INTENTION TO RETURN VESTED Maria H uber [ seal] P aul V. Myron, Deputy Director, PROPERTY REVOCATION OF NOTICE OF INTENTION TO Office of Alien Property. Pursuant to section 32 (f) of the RETURN VESTED PROPERTY AND RETURN Trading With the Enemy Act, as ORDER 1588 [F. R. Doc. 55-7250; Filed, Sept. 7, 1955; 8:48 a. m.] amended, notice is hereby given of in­ Property described below was ordered tention to return, on or after 30 days returned to the claimant. Since the from the date of publication hereof, the claimant died April 25, 1953, prior to the following property, subject to any in­ return of the property, the Notice of crease or decrease resulting from the Intention to Return Vested Property to Dora W aschl administration thereof prior to return, her (18 F. R. 675, January 31, 1953) and and after adequate provision for taxes Determination and Return Order No. NOTICE OF INTENTION TO RETURN VESTED and conservatory expenses: 1588, executed March 16, 1953, are PROPERTY Claimant, Claim No., Property, and Location hereby revoked. Pursuant to section 32 (f) of the Giacomo Bernardoni, Carona, Tessin, Claimant, Claim No., Property, and Location Trading With the Enemy Act, as amend­ Switzerland, $156.09 in the Treasury of the Maria (Mary) Huber, Frauenau, Bavaria, ed, notice is hereby given of intention to United States, Claim No. 47349, Vesting Or­ Germany, $458.40 in the Treasury of the return, on or after 30 days from the date der No. 9068, as amended. United States; Claim No. 59013. of publication hereof, the following prop­ erty, subject to any increase or decrease Executed at Washington, D. C., on Executed at Washington, D. C., on resulting from the administration there­ August 31, 1955. August 31, 1955. of prior to return, and after adequate For the Attorney General. For the Attorney General. provision for taxes and conservatory expenses: [ seal] P aul V. Myron, [ seal] P aul V. M yron, Deputy Director, Deputy Director, Claimant, Claim No., Property, and Location Office of Alien Property. Office of Alien Property. Miss Dora Waschl, Salzburg, Austria« [F. R. Doe. 55-7253; Filed, Sept. 7, 1955; [F. R. Doc. 55-7258; FUed, Sept. 7, 1955; $1,500 in the Treasury of the United States. 8:48 a. m.] 8:49 a. m.] 1

6602 NOTICES

aria schenbrenner et al Calace Carmela Demo et al. G unther S achs and W erner Sachs M A . NOTICE OP INTENTION TO RETURN VESTED NOTICE OF INTENTION TO RETURN VESTED NOTICE OF INTENTION TO RETURN VESTED PROPERTY PROPERTY PROPERTY Pursuant to section 32 (f) of the Pursuant to section 32 (f) of the Pursuant to section 32 (f) of the Trad­ Trading With the Enemy Act, as Trading With the Enemy Act, as ing With the Enemy Act, as amended, amended, notice is hereby given of in­ amended, notice is hereby given of in­ notice is hereby given of intention to tention to return, on or after 30 days tention to return, on or after 30 days return, on or after 30 days from the date from the date of publication hereof, from the date of publication hereof, the the following property, subject to any Of publication hereof, the following prop­ following property, subject to any in­ increase or decrease resulting from the erty, subject to any increase or decrease crease or decrease resulting from the j administration thereof prior to return, resulting from the administration there­ administration thereof prior to return, and after adequate provision for taxes of prior to return, and after adequate and after adequate provision for taxes and conservatory expenses: provision for taxes and conservatory and conservatory expenses : Claimant, Claim No., Property, and Location expenses: Claimant, Claim No., Property, and Location Calace Carmela Demo, Giuseppe Pasquale Claimant, Claim No., Property, and Location Maria Aschenbrenner, Erkheim, Kreis Demo, Maria Paolina Demo, Rosina Demo, Memmingen, Allgau, Germany; Wenzel I Rocco Ferdinando Demo • and Lucia Grazia Gunther Sachs, Jerusalem, Israel, and Huber, Fremdingen, Kreis Nordlingen, Ba­ Demo, Claim No. 44017, $76.70 in the Treas­ Werner Sachs, Melbourne, Australia; 21 varia, Germany; Franz Huber, Obersurheim, ury of the United States; Giacomo Demo, shares of Brazeau Collieries, Ltd. 7 percent Kreis Laufen, Germany; Theresia Wineck, Claim No. 44018, $76.70 in the Treasury of cumulative preference stock evidenced by Gronsdorf, Bavaria, Germany; Max (Maxi- 3 the United States; Innocenzo Demo, Claim Certificate No. 064 and presently in the cus­ milianj Huber, Bayerisch Eisenstein Ger­ No. 44019, $76.71 in the Treasury of the tody for safekeeping of the Federal Reserve many; To each of the five claimants listed United States; Maria Donato Demo, Claim Bank, New York, N. Y.; Claim No. 62551, herein one-sixth of $449.80 in the Treasury No. 44020, $76.71 in the Treasury of the Vesting Order No. 8617. of the United States; Claim No. 59013. United States; all of Brandisi di Montagna, Italy, Vesting Order No. 578. Executed at Washington, D. C., on Executed at Washington, D. C., on jj Executed at Washington, D. C., on August 31, 1955. August 31, 1955. August 31, 1955. For the Attorney General. For the Attorney General. For the Attorney General. [ seal] P aul V. Myron, [ seal] P aul V. Myron, [seal] P aul V. Myron, Deputy Director, Deputy Director, Deputy Director, Office of Alien Property. Office of Alien Property. Office of Alien Property. [F. R. Doc. 55-7251; Filed, Sept. 7, 1955; [F. R. Doc. 55-7256; Filed, Sept. 7, 1955; [F. R. Doc. 55-7257; Filed, Sept. 7, 1955; I 8:48 a. m.] 8:48 a. m.l 8:48 a. m.] ■