I H EDERAL REGISTER

VOLUME 24 1934 NUMBER 231 ' ^//V/TEO ^

Washington, Thursday, November 26, 7 959

Title 3— THE PRESIDENT Title 7— AGRICULTURE CONTENTS THE PRESIDENT Order of November 24, 1959 Chapter I— Agricultural Marketing Service (Standards, Inspections, Administrative Order PaSe TO HEADS OF EXECUTIVE DEPART­ Marketing Practices), Department To Heads of executive depart­ MENTS AND AGENCIES AND of Agriculture ments and agencies and inde­ INDEPENDENT ESTABLISHMENTS pendent establishments author­ SUBCHAPTER C— REGULATIONS AND STAND­ izing that Federal employees in AUTHORIZING THAT FEDERAL EM­ ARDS UNDER THE FARM PRODUCTS INSPEC­ the State of Hawaii be excused PLOYEES IN THE STATE OF HAWAII TION ACT from duty Friday, November BE EXCUSED FROM DUTY ON FRI­ PART 55— GRADING AND INSPEC­ 27, 1959______9505 DAY, NOVEMBER 27, 1959 TION OF EGG PRODUCTS EXECUTIVE AGENCIES Employees of the several executive de­ Miscellaneous Amendments partments, independent establishments, Agricultural Marketing Service and other governmental agencies in Notice of a proposed amendment to Notices: Hawaii, including the General Account­ the regulations governing the grading Market agencies at Union Stock ing Office, the Government Printing and inspection of egg products (7 CFR Yards, Chicago, 111.; petition Office, and the field services of the re­ Part 55) was published in the F ederal for modification of rate order. 9514 spective departments, establishments, R egister on October 1, 1959 (24 F.R. Rules and regulations: and agencies of the Federal Government 7899). The amendment hereinafter Egg products; grading and in- in the State of Hawaii, except those who promulgated is pursuant to authority spection ; miscellaneous may for special public reasons be ex­ contained in the Agricultural Marketing amendments------8505 cluded from the provisions of this order Act of 1946 (60 Stat. 1087; 7 U.S.C. 1621 Oranges, navel, grown in Ari­ by the heads of their respective depart­ et seq.). zona and designated part of ments, establishments, or agencies, or The amendment changes the basis of California i limitation of han­ those whose absence from duty would be charging for appeal inspections, pro­ dling______— 9508 inconsistent with the provisions of exist­ hibits the reuse of egg products con­ Agriculture Department ing law, shall be excused from duty all tainers which bear official identification See Agricultural Marketing Serv­ day Friday, November 27, 1959, the day unless the marks are obliterated; and a ice ; Commodity Stabilization which has been designated by the Gov­ clarification amendment to the provi­ Service. sions relating to laboratory tests which ernor for the celebration of the admis­ Civil Aeronautics Board sion of the State of Hawaii into the are made when frozen egg products other than those produced in official plants are Notices: Union; and such period shall be con­ Hearings, etc. : sidered a holiday within the meaning of inspected. The amendment hereinafter set forth is essentially the same as was Accident occurring on Bucks Executive Order No. 10358 of June 9, Elbow Mountain near Char- 1952, and of all statutes so far as they published in the aforesaid notice except that modification has been made with lottesville, Va------9516 relate to the compensation and leave of Common fares to Hawaii------9516 employees of the United States. respect to the basis for charges for This order shall not be construed as appeal gradings. Commodity Stabilization Service excusing from duty those employees of After consideration of all relevant ma­ Rules and regulations: the Department of State, the Depart­ terial presented, the amendment here­ Beet sugar; approved areas for ment of Defense, or other departments, inafter set forth is promulgated to 1958 crop______:----- 9507 become effective thirty (30) days after establishments, or agencies who for na­ Customs Bureau publication in the F ederal R egister. tional security or other public reasons The amendment is as follows : Notices: Certain manufactured articles should, in the judgment of the respective 1. Add'a new § 55.32 to read: heads thereof, be at their posts of duty. in chief value of cultured § 55.32 Report o f violations. pearls; proposed tariff classi­ D w ig h t D. Eise n h o w e r Each grader, inspector, and sampler fication______9513 T h e W h it e H ouse, shall report, in the manner prescribed FederaT Aviation Agency November 24, 1959. by the Administrator, all violations and Proposed rule making: noncompliance under the Act and this [F.R. Doc. 59-10055; Filed, Nov. 25, 1959; Federal airways and control 10:54 a.m.] (Continued on next page) areas (2 documents)------9512 9505 9506 RULES A N D REGULATIONS

/ a S CONTENTS— Continued CODIFICATION GUIDE— Con.

Indian Affairs Bureau— Con. Pase 7 CFR Page FEDEBALÄÄREGISTER Rules and regulations: Suspension of operations and 55------9505 • production on mining leases 842------9507 914_------— ------9508 REpublic 7—7500 Extension 3261 of Indian trust land other than oil and gas______9510 Published daily, except Sundays, Mondays, 14 CFR and days following official Federal holidays, Interior Department 600 (2 documents)___ :____ 9509 by the Office of the Federal Register, National See also Indian Affairs Bureau; 601 (3 documents)______9509, 9510 Archives and Records Service, General Serv­ Land Management Bureau. Proposed rules: ices Administration, pursuant to the au­ Notices: 600 (2 documents)______9512 thority contained in the Federal Register Act, Bureau of Indian Affairs; dele­ approved July 26, 1935 (49 Stat. 500, as 601 (2 documents)______9512 amehded; 44 U.S.C., ch. 8 B ), under regula­ gations of authority______.__9514 tions prescribed by the Administrative Com­ Wheeler National Wildlife R ef­ 21 CFR mittee of the Federal Register, approved by uge, Alabama; designating 121______9510 the President. Distribution is made only by certain adjacent lands and the Superintendent of Documents, Govern­ waters as closed areas under 25 CFR ment Printing Office, Washington 25, D.C. Migratory Bird Treaty Act_9513 171 ______9510 The F ederal R eg iste r will be furnished by Rules and regulations: mail to subscribers, free of postage, for $1.50 172 ------9510 per month or $15.00 per year, payable in Departmental proceedings; peti­ 173 ______9510 advance. H ie charge for individual copies tion respecting a rule______9511 176_------:______9510 (minimum 15 cents) varies in proportion to International Joint Commission Proposed rules: the size of the issue. Rem it Chech or money Notices: 131______;______9512 order, made payable to the Superintendent Passamaquoddy Tidal Power of Documents, directly to the Government 29 CFR Printing Office, Washington 25, D.O. Survey; reports available for The regulatory material appearing herein examination______9520 778______9511 is keyed to the C ode o f F ederal R e g u l a t io n s , Interstate Commerce Commis­ which is published, under 50 titles, pursuant 43 CFR sion to section 11 of the Federal Register Act, as 14______»______9511 amended August 5, 1953. The C ode o f F ed­ Notices: e r a l R e g u l a t io n s is sold by the Superin­ Fourth section applications for tendent of Documents. Prices of books and relief (2 documents)______9523 part of which such grader, inspector, or pocket supplements vary. Motor carrier transfer proceed­ sampler has knowledge. There are no restrictions on the re­ ings— ______9522 publication of material appearing in the 2. Add a new § 55.33 to read: F ederal R eg iste r, or the C ode o f F ederal Labor Department R e g u l a t io n s . See Wage and Hour Division. § 55.33 Reuse o f containers bearing of­ ficial identification prohibited. Land Management Bureau The reuse, by any person, of contain­ Notices: CONTENTS— Continued ers bearing official identification is pro­ Arizona; proposed withdrawal hibited. Such containers may be reused Federal Aviation Agency— Con. PaS® and reservation of lands_____ 9513 Rules and regulations: if, prior to reuse, the official identifica­ California: tion is removed, defaced, or obliterated. Designations of Federal airways, Proposed withdrawal and res­ continental control areas, ervation of lands______9513 3. Change § 55.41 to read: control areas, control zones, Small tract classification____ 9513 reporting points and positive § 55.41 Products not eligible for official control route segments (3 Securities and Exchange Com­ identification. documents)______1____ 9509,9510 mission Egg products which are prepared in Federal Communications Com­ Notices: nonoflficial plants shall not be officially Fundamental Investors, Inc.; identified. However, such products may mission hearing____;____j______. 9520 be inspected organoleptically and by lab­ Notices: oratory analyses and covering certifi­ Hearings, etc.: Treasury Department See Customs Bureau. cates issued setting forth the results of Graves County Broadcasting the inspection. Such certificates shall Co., Inc., and Muhlenburg Wage and Hour Division apply only to samples examined and Broadcasting’Co. (WNES)_ 9517 Notices: shall include a statement that the prod­ Kay, Norman E_____i,______9517 Learner employment certifi­ uct was- produced in a nonoflficial plant. Ulster County Broadcasting cates; issuance to various Frozen whole eggs will be drilled and ex­ Co______9517 industries______9521 amined organoleptically and if the prod­ Williams, James J., and Rules and regulations: uct appears to be satisfactory, samples Charles E. Springer______9517 Overtime compensation; profit- will be taken for laboratory analyses. Federal Power Commission sharing, thrift, and savings The samples shall be examined for direct Notices: plans______9511 microscopic bacteria count and for the Hearings, etc. : presence of acetic and lactic acid. Fro­ Tennessee Gas Transmission CODIFICATION GUIDE zen whole eggs shall be considered un­ Co______9518 satisfactory if they contain acetic acid in Texaco, Inc., et al______9519 A numerical list of the parts of the Code any measurable quantity or if they con­ Food and Drug Administration of Federal Regulations affected by documents tain lactic acid in excess of 7 milligrams published in this issue. Proposed rules, as per 100 grams of egg in combination with Rules and regulations: opposed to linai actions, are identified as Food additives; substances that such. a direct microscopic bacteria count of are generally recognized as A Cumulative Codification Guide covering 5,000,000 or more per gram of egg. The safe; correction______9510 the current month appears at the end of each bacteriological analysis shall be made in issue beginning with the second issue of the accordance with the methods prescribed Health, Education, and Welfare month:’ in Standard Methods for the Examina­ Department tion of Dairy Products of the American See Food and Drug Administra­ 3 CFR Pag0 Public Health Association. The chemi­ tion. Presidential documents other than cal analyses shall be made in accordance Indian Affairs Bureau proclamations and Executive or­ with the methods prescribed in Official Proposed rule making: ders: Methods of Analysis of the Association Leasing and permitting______9512 Order, Nov. 24,1959______9505 of Official Agricultural Chemists. Thursday, November 26, 1959 FEDERAt REGISTER 9507 4. Change § 55.62 to reafi: : (1) California. (7) Kansas. § 55.62 Fees for appeal grading. Entire counties Entire counties (a) The fee to be charged for any Alameda. Sacramento. Kearny. Wallace. appeal on an organoleptic test of frozen Butte. San Benito. Scott. Wichita. egg products shall be double the fee Colusa. San Joaquin. San Luis Obispo, Individual local producing areas specified in the grading certificate from Contra Costa. Fresno. Santa Barbara. County and areas which the appeal is taken: Provided, Glenn. Santa Clara. That the fee for any appeal on 'hn or­ Kern. Santa Cruz. Finney, T24S, R33W; T23S, R34W. ganoleptic test of frozen egg products Kings.' Solano. Sherman: Smoky. requested by the United States, or any Los Angeles. Sutter. (8) Michigan. agency or instrumentality thereof, shall Madera. Tehama. be the same as set forth in the grading Merced. Tulare. Entire counties Ventura. Monterey. Arenac. Macomb. certificate from which the appeal is Yolo. Orange. Clinton. Mecosta. taken. If the fee on the certificate cov­ Riverside. Yuba. ering an organoleptic test, from which Eaton. Midland. (2 ) Colorado. Gladwin. Montcalm. the appeal is taken is based on the pro­ Gratiot St. Clair. visions of § 55.68, then the fee for Such Entire counties Ingham. Sanilac^ appeal shall be double the amount speci­ Adams. Las Animas. Ionia. Shiawassee. fied in § 55.65(a)(1) for the applicable Alamosa. Mesa. Isabella. Tuscola. volume of product appeal graded. If “Arapahoe. Montrose. Lapeer. Washtenaw. Morgan. the result of any such appeal grading Baca. Individual local producing areas discloses that a material error was made Bent. Otero. in the grading appealed from, no fee Delta. Prowers. County and areas Garfield. Sedgwick. shall be required. Bay: Frarikenlust, Fraser, Gibson, Hamp­ (b) The fee to be charged for any K it Carson. ton, Kawkawlin, Merritt, Monitor, Pincon­ appeal grading other than as provided Individual local producing areas ning, Portsmouth, and Williams. in paragraph (a) of this section shall County and areas Huron: Bloomfield, Brookfield, Caseville, be based on the time required to perform Chandler, Colfax, Fairhaven, Lake, McKinley, Boulder: T3N, R69W; T3N, R70W. Oliver,' Rubicon, Sand Beach, Sebewaing, such appeal grading and the travel of LaMmer: T4N, R69W; T7N, R69W; T7N, Sheridan, Sherman, Sigel, and Winsor. each sampler, grader or inspector at the R68W; T8N, R69W; T9N, R68W; T6N, R68W; Jackson: Henrietta and Waterloo. rate of $5.00 per hour for the time ac­ T5N, R68W. Lenawee: Fairfield and Ogden. tually required. liOgan: T7N, R52W; T7N, R53W; T9N, Monroe: Erie, Monroe town, and Whiteford. (Sec. 205, 60 Stat. 1090, as amended; 7 U.S.C. R51W; T9N, R52W. Pueblo: T18S, R64W; T21S, R63W; T21S, (9) Minnesota. 1624; 19 F.R. 74) R64W; T19S, R65W; T20S, R63W; T20S, R64W. Entire counties Issued at Washington, D.C., this 23d Weld: T4N, R66W; TIN , R66W; T3N, R67W; day of November 1959. TIN , R67W; T2N, R67W; T4N, R63W; T6N, Carver. Martin. , R63W; T2N, R63W; T5N, R65W; T6N, R64W; Dakota. Redwood. R o y W. L e n na rtso n , T2N, R68W; T6N, R65W; TIN, R65W; T2N, Jackson. Wilkin. Deputy Administrator, R65W; T5N, R66W; T4N, R67W; T7N, R64W; Kittson. T7N, R65W; T2N, R64W; T4N, R64W; T7N, Agricultural Marketing Service. Individual local producing areas R67W; T4N, R68W; T3N, R68W; T3N, R61W; [F.R; Doc. 59-10013; Filed, Nov. 25, 1959; T7N, R65W; T2N, R64W; T4N, R64W; T7N, County and areas 8:48 a.m.] R65W; T2N, R66W; T3N, R66W; T6N, R66W; T7N, R66W; T6N, R67W. Clay: Georgetown, Kragnes, and Alliance. Faribault: Minnesota Lake. (3) Idaho. Freeborn: Oakland. Entire counties Marshall: Big-Woods, Boxville, Sinnott, Chapter VIH— Commodity Stabiliza­ Vega, and Warrenton. tion Service (Sugar), Department of Bannock. ' Fremont. Norman: Halstad and Lake Ida. Agriculture Franklin. .. Oneida. West Polk: Crookston, Esther, Farley, Hig- dem, Rhinehart, and Tabor. SUBCHAPTER F— ELIGIBILITY FDR ABANDON­ Individual local producing areas MENT AND CROP DEFICIENCY PAYMENTS County and Area (10) Montana. [Sugar-Determination 842.2, Supp. 2] Bingham: TJS, R32E; TIS. R34E; T2S, Entire counties R32E; T2S, R33E; T2S, R36E; T3S, R32E; T4S, PART 842— BEET SUGAR AREA Big Horn. Lewis and Clark. 'R31E; Tés, R32E; T4S, R35E; T5N, R30E. Broadwater, Yellowstone. Canyon: T5N, R3W. Lake. Approved Areas for 1958 Crop Cassia: T9S, R24E; T9S, R25E; TIOS, R25E; § 842.4 Approved areas fo r the 1958 T12S, R22E; T13S, R22E. Individual local producing areas crop. Gem: T7N, R3W. Madison: T4N, R40E; T6N, R39E. County and areas (a) For purposes of considering eligi­ Minidoka: T7S, R24E; T7S, R25E;: T8S, Carbon: T2S, R24E; T3S; R23E; T3S, bility for abandonment and crop defi­ R26E; T9S, R24E; TIOS, R22E; TIOS, R24E. R24E. ciency payments on 1958-crop sugar Twin Falls: T9S, R17E; TIOS, R14E; TUS, Missoula: T13N.R19W. R19E; TUS, R20E. beets, the respective Agricultural Stabi­ (11) Nebraska. lization and Conservation county com­ (4) Illinois. mittees have determined with respect to Entire counties Entire counties the following counties and local produc­ Dawes. Kearny. ing areas that due to drought, flood, McHenry. Dawson. Lincoln. storm, disease, freeze or insects, the ac­ Individual local producing areas Deuel. Morrill. tual yields of commercially recoverable Hall. Scotts Bluff. sugar from the acreages planted to sugar County and areas Hamilton. -Sioux. beets on farms in such county or local Cook: Hanover. Individual local producing areas producing area were below 80 percent of (5) Indiana. the applicable normal yields either for County and areas 10 percent or more of the number of such None. Box Butte: T26N, R50W. farms or for 10 percent or more of the (6) lema. Buffalo: T10N, R13W; T9N, R15W; T8N, R15W. total acres of sugar beets planted on all Entire counties farms in such county or local producing Furnas: Edison; T4N, R22W. Phelps: Garfield; T7N, R20W. area. Cerro Gordo. Winnebago. 9508 RULES AND RÉGULATIONS

(12) Nevada. Individual local producing areas hereby found that the limitation of Entire counties County and areas handling of such navel oranges as here­ ChurchilL Calumet : Rantoul, Woodville, and Chilton. inafter provided will tend to effectuate Juneau: Lindina. the declared policy of the act. (13) New Mexico. Kewaünee: Pierce. (2) It is hereby further found that Entire counties Manitowoc: Two Rivers, Two Creeks, and it is impracticable and contrary to the Kossuth. None. public interest to give preliminary no­ Outagamie : Vandenbroek. tice, «engage in public rule-making Individual local producing areas Racine: Dover. procedure, and postpone the effective Washington : Jackson and Wayne. County and areas Waukesha: Lisbon. date of this regulation until 30 days aft­ Torrance: T8N, R8E. er publication hereof in the F ederal (22) Wyoming. R egister v(5 U.S.C. 1001-1011) because (14) North Dakota. Entire counties the time intervening between the date Entire counties when information upon which this reg­ Converse. Sheridan. ulation is based became available and Pembina. Grand Porks. Individual local producing areas the time when this regulation must be­ Individual local producing areas County and areas come effective in order to effectuate the County and area declared policy of the act is insufficient, Big Horn: T49N, R92W; T51N, R93W; T51N, and a reasonable time is permitted, un­ Cass: Warren. R94W; T53N, R92W; T56N, R95W; T56N, R96W; T57N, R96W; T57N, R97W. der the circumstances, for preparation (15) Ohio. Goshen: T22N, R62W; T24N, R62W. for such effective time; and good cause exists for making the provisions hereof Entire counties Statement of bases and considerations. effective as hereinafter set forth. The Allen. Putnam. One of the conditions for eligibility committee held an open meeting, after Hancock. Van Wert. of a farm for acreage abandonment or- giving due notice thereof, to consider Hardin. Wood. crop deficiency payments is* that the supply and market conditions for navel Henry. Wyandot. farm is located in a county or local pro­ Ottawa. oranges and the need for regulation; ducing area in which the Agricultural interested persons were afforded an op­ Individual local producing areas Stabilization and Conservation county portunity to submit information and County and areas committee determines that certain un­ views at this meeting; the recommenda­ controllable natural conditions have Champaign: Salem. tion and supporting information for reg­ Erie: Perkins. caused a prescribed amount of damage ulation during the period specified herein Pulton: York. to the sugar beet crop. were promptly submitted to the Depart­ Sandusky: Woodville, Rice, Washington, The purpose of this supplement is to ment after such meeting was held; the and Jackson. give notice that specific counties and provisions of this regulation, including Seneca: Hopewell, Jackson, Liberty, and local producing areas have qualified its effective time, are identical with the London. under the requirements with respect to aforesaid recommendation of the com­ (16) Oregon. the 1958 crop of sugar beets and that any mittee, and information concerning such sugar beet producer operating a farm provisions and effective time has been Entire counties located in any one of these counties or disseminated among handlers of such Umatilla. local producing areas which is otherwise navel oranges; it is necessary, in order Individual local producing areas qualified may apply for payment ac­ to effectuate the declared policy of the cordingly (not later than December 31, act, to make this regulation effective County and areas 1960), if he has not already done so. during the period herein specified; and Malheur: T15S, R46E; T15S, R47E; T18S, compliance with this regulation will not R43E; T23S, R47E. L aw rence M ye r s, Director, Sugar Division, require any special preparation on the (17) South Dakota. Commodity Stabilization Service. part of persons subject hereto which cannot be completed on or before the Entire counties N ovember 6,1959. effective date hereof. Such committee Butte. Custer. [P.R. Doc. 59-10014; Piled, Nov. 25, 1959; meeting was held on November 19, 1959. (18) Texas. 8:48 a.m.] Order. (1) During the period begin­ ning at 12:01 a.m., P.s.t., November 29, Entire counties 1959, and ending at 12:01 a.m., P.s.t., Deaf Smith. September 25, 1960, no handler shall Individual local producing areas Chapter IX— Agricultural Marketing handle any navel oranges, grown in Dis­ Service (Marketing Agreements and trict 2, which are of a size smaller than County and areas 2.32 inches in diameter, which shall be Parmer: Community B. Orders),. Department of Agriculture the largest measurement at a right an­ (19) Utah. [Navel Orange Reg. 172] gle to a straight line running from the stem to the blossom end of the fruit: Entire counties PART 9 1 4 — NAVEL ORANGES Provided, That not tp exceed 5 percent, Box Elder. Millard. GROWN IN ARIZONA AND DES­ by count, of the oranges contained in any Cache. Salt Lake. IGNATED PART OF CALIFORNIA type of container may measure smaller Carbon. Sanpete. than 2.32 inches in diameter. Davis. Sevier. Limitation of Handling Emery. Utah. (2) As used in this section, “handle,” Juab. Weber. Findings. (1) Pursuant to the market­ “ handler,” and “District 2” shall have ing agreement, as amended, and Order the same meaning as when used in said (20) Washington. No. 14, as amended (7 CPR Part 914), amended marketing agreement and Entire counties regulating the handling of navel oranges order. grown in Arizona and designated part Benton. Walla Walla. of California, effective under the ap­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) Individual local producing areas plicable provisions of the Agricultural County and areas Marketing Agreement Act of 1937, as Dated: November 23,1959. amended (7 U.S.C. 601-674), and upon Pranklin: T10N, R29E; TU N , R29E. the basis of the recommendation and S . R . S m i t h , (21) Wisconsin. information submitted by the Navel Director, Fruit and Vegetable Orange Administrative Committee, es­ Division, Agricultural Market­ Entire counties tablished under the said amended ing Service. Bodge. Jefferson. marketing agreement and order, and Pond du Lac. Milwaukee. [P.R. Doc. 59-10012; Piled, Nov. 25, 1959; upon other available information, it is 8:48 a.m.] Thursday, November 26, 1959 FEDERAL REGISTER 9509 alternate from the Fort Mill VOR to the [Airspace Docket No. 59-WA—84] Title 14— AERONAUTICS AND Raleigh VOR, via an intermediate VOR [Arndt. 95] to be installed, in March 1960 near SPACE Liberty, N.C.,. at latitude 35°48TO" N., PART 600— DESIGNATION OF longitude 79° 37'21" W.; and a south FEDERAL AIRWAYS Chapter III— Federal Aviation Agency alternate from the Cofield VOR to the [Amdt. 107] SUBCHAPTER E— AIR NAVIGATION Norfolk VOR, via the intersection of the REGULATIONS Cofield VOR 084° and the Norfolk VOR PART 601— DESIGNATION OF THE 209° radials. Coincident with this ac­ CONTINENTAL CONTROL AREA, [Airspace Docket No. 59-WA—103] tion, the text of § 691.6194 pertaining [Amdt. 90] to control areas for Victor 194 is amended CONTROL AREAS, CONTROL to reflect the above changes to the air­ ZONES, REPORTING POINTS, AND PART 600— DESIGNATION OF way. POSITIVE CONTROL ROUTE SEG­ FEDERAL AIRWAYS No, adverse comments were received MENTS [Amdt. 102] regarding the proposed amendments. Interested persons have been afforded Extension of Federal Airway and PART 601— DESIGNATION OF THE an opportunity to participate in the mak­ Associated Control Area CONTINENTAL CONTROL AREA, ing of the rules herein adopted, and due CONTROL AREAS, CONTROL consideration has been given to all rele­ On August 8, 1959, a Notice of Pro­ posed Rule-Making was published in the ZONES, REPORTING POINTS, AND vant matter presented. In consideration of the foregoing, and F ederal R egister (24 F.R. 6396) stating POSITIVE CONTROL ROUTE SEG­ pursuant to the authority delegated to that the Federal Aviation Agency was MENTS me by the Administrator (24 F.R. 4530) considering an amendment to §-§ 600.6054 and 601.6054 of the regulations of the Modification of Federal Airway and § 600.6194 (14 CFR, 1958 Supp., 600.6194, 24 F.R. 3871) and § 601.6194 (14 CFR, Administrator which would extend VOR Associated Control Areas 1958 SUPP., 601.6194, 24 F.R. 3874) are Federal airway No. 54 from Charlotte, On September 4, 1959, a Notice of Pro­ amended as f ollows : N.C., to Pinehurst, N.C. posed Rule-Making was published in the 1. Section 600.6194 VOR Federal air­ As stated in the Notice, Victor 54 pres­ Federal R egister (24 F.R. 7166) stating way No. 194 (Lafayette, La., to Norfolk, ently extends from Quitman, Tex., to that the Federal Aviation Agency was V a.): Charlotte. Subsequent to publication of considering an amendment to §§ 600.6194 a. In the caption delete “ (Lafayette, the Notice, Charlotte VOR was renamed and 6Q1.6194 of the regulations of the La., to Norfolk, V a .)” and substitute Fort Mill, S.C., VOR. The Federal Administrator which would designate a therefor “ (Lafayette, La., to Meridian, Aviation Agency is extending Victor 54 north alternate and modify a segment of Miss., and Homer, Ga., to Norfolk, Va. ).” from the Fort Mill VOR to the Pinehurst VOR Federal airway No. 194 between b. In. the text delete “ Charlotte, N.C., VOR via the intersection of the Fort Mill Charlotte, N.C., and Raleigh, N.C., and omnirange station; Raleigh, N.C., VOR;. 069° and the Pinehurst 281° radials. would designate a south alternate on the Rocky Mount, N.C., VOR, including a Victor 54 will coincide with VOR Federal segment between Cofield, N.C., and Nor­ north alternate via the INT of the airway No. 194 (Docket 59—WA-103, folk, Va. Raleigh VOR 037° and thè Rocky Mount which modified this segment of V-194, As stated in the Notice, Victor 194 VOR 283° radials; Cofield, N.C., VOR; will be effective concurrently with this presently extends from Lafayette, La., to to the Norfolk, Va., VOR.” and substi­ action) for approximately 60 miles Norfolk, Va. The Federal Aviation tute therefor “Fort Mill, S.C., VOR; INT northeast of Fort Mill VOR. Agency is designating a north alternate of the Fort Mill VOR 069° and the This airway will provide an airway and modifying the segment between Raleigh VOR 240° radials; Raleigh, N.C., system for aircraft operating between Charlotte and Raleigh, and designating VOR, including a N alternate from the the Charlotte and Pinehurst terminals a south alternate on the segment be­ Fort Mill VOR to the Raleigh VOR via and also serve aircraft operating over tween Cofield and Norfolk. Subsequent the Liberty, N.C., VOR; Rocky Mount, Charlotte to or from airports in the to the publication of the notice, the name N.C., VOR, including a N alternate via Fayetteville/Pope AFB, N.C., area. Vic­ of the Charlotte VOR was changed to the INT of the Raleigh VOR 037° and tor 54 and its associated control areas is Fort Mill, S.C., VOR. The designation the Rocky Mount VOR 283° radials; hereby extended' from the Fort Mill VOR of a north alternate to this airway be­ Coffeld, N.C., VOR; to the Norfolk, Va., to the Pinehurst VOR. Coincident with tween Fort Mill and Raleigh will provide VOR, including a S alternate via the IN T this action, the caption to § 601.6054, a means for expediting air traffic be­ o f the Cofield VOR 084° and the Norfolk relating to the control areas for Victor tween these terminals when heavy traffic VOR 2090 radials.” 54, is amended. volume exists on Victor 194. The modi­ 2. Section 601.6194 VOR Federal air­ Only one comment was received con­ fication of the main segment of this air­ way No. 194 control areas (Lafayette, cerning the proposed amendment. The way between Fort Mill and Raleigh via La., to Norfolk, Va.) : Air Transport Association of America the Fort Mill VOR 069° and the Raleigh a. In the caption delete “ (Lafayette, objected to the alignment of Victor 54 as VOR 240° radials will provide sufficient La., to Norfolk, Va.).” and substitute proposed in the Notice and stated they angular divergence between Victor 194 therefor “ (Lafayette, La., to Meridian, could see no necessity for Victor 54 co­ and the segment of VOR Federal airway Miss., and Homer, Ga., to Norfolk, Va.).” inciding with Victor 194 for approxi­ No. 454 between Fort Mill and Lawrence- b. In the text delete “a north alter­ mately 60 miles northeast of Fort Mill. ville, Va., VOR which is being concur­ nate” and substitute therefore “N alter­ The Association further suggested that rently designated in Airspace Docket No, nates and a S alternate.” the extension of Victor 54 be aligned, 59-WA-101. This will permit the use from Fort Mill to Pinehurst via the Fort of these airways separately, as arrival These amendments shall become effec­ Mill VOR 084° and the Pinehurst VOR and departure routes for the Charlotte tive OOOÎ ejs.t. March 10, 1960. -, 253° radials. It was stated by the Asso­ area. The designation of a south alter­ (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 ciation that this alignment would pro­ nate to this airway between Cofield and U.S.G. 1348,1354) vide a standard 15° track divergence and at the same time establish a more direct Norfolk will provide a south departure Issued in Washington, D.C., on Novem­ route resulting in decreased airway dis­ route for aircraft departing airports lo­ ber 19,1959. cated within the Norfolk terminal area. tance approximating 3 miles. Addi­ G e o r g e s . Cassady, Such action will result in Victor 194 tionally, it was stated, that this reduction Acting Director, in airway mileage would save 9,000 miles and its associated control areas extend­ Bureau of Air Traffic Management. ing from Lafayette to Meridian, Miss., annually for aircraft operated by Pied­ and from Homer, Ga., intersection to [F.R., Doc. 59-9981; Filed, Nov. 25, 1959; mont Airlines bdfrween Charlotte and Norfolk; to include an additional north 8:45 a.m.] Fayetteville. 9510 RULES AND REGULATIONS

A Federal Aviation Agency peak-day In Airspace Docket No. 59-WA-34, survey for calendar year 1958, showed 12 effective concurrently with this action, Title 25— INDIANS aircraft movements between Fort Mill the southern boundary of the Aberdeen, and the Fayetteville area. The Federal Md., Restricted Area (R-54) is modified Chapter I— Bureau of Indian Affairs, Aviation Agency is of the '©pinion that to coincide with the northern edge of Department of the Interior this amount of traffic does not warrant VOR Federal airway No. 44. The modi­ the designation of a new airway when a fication of R-54 revokes the portion of SUBCHAPTER P— MINING segment of an adjacent airway may be the restricted area which conflicted with used without any undue restrictions; in PART 171— LEASING OF TRIBAL the Baltimore control area extension. LANDS FOR MINING this case Victor 194. Should future sur­ Therefore, all reference to the Aberdeen veys show an increase in traffic over the Restricted Area (R-54), as well as the PART 172— LEASING OF ALLOTTED segment in question, a modification of reference to the Edgewood Arsenal Re­ LANDS FOR MINING Victor 54 will be considered. stricted Area (R-82) which is no longer Interested persons have been afforded in existence, is being deleted from the PART 17C— LEASING OF LANDS IN an opportunity to participate in the description of the Baltimore control area CROW INDIAN RESERVATION, making of the rules herein adopted, and extension. MONTANA, FOR MINING due consideration has been given to all Since this amendment imposes no ad­ relevant matter presented. ditional burden on the public, compliance PART 176— LEAD AND ZINC MIN­ In consideration of the foregoing, and with the notice, public procedure and ING OPERATIONS A N D LEASES, pursuant to the authority delegated to effective date requirements of section QUAPAW AGENCY me by the Administrator (24 F.R. 4530), 4 of the Administrative Procedure Act §§ 600.6054 and 601.6054 (14 CFR 1958 is unnecessary. Suspension of Operations and Produc­ Supp., 600.6054, 601.6054) are amended In consideration of the foregoing, and tion on Mining Leases of Indian as follows: pursuant to the authority delegated to Trust Land Other Than Oil and Gas 1. Section 600.6054 VOR Federal air­ me by the Administrator (24 F.R. 4530) way No. 54 (Quitman, Tex., to Charlotte, § 601.1272 (14 CFR 1958 Supp., 601.1272) On page 4215 of the F ederal R egister N.C.): is amended to read: of May 26, 1959, there was published a a. In thev caption delete “ (Quitman, notice of proposed rule making to add Tex., to Charlotte, N.C.).” and substitute § 601.1272 Control area extension (Bal­ new sections to the subject parts. The therefor “ (Quitman, Tex., to Pinehurst, timore, Md.). purpose of the additions is to expedite N.C.).” The airspace within a 15-mile radius action in authorizing suspension of op­ b. In the text delete “ to the Charlotte, of the Baltimore VOR. The portion of erations and production on mining leases N.C., omnirange station.” and substitute this control area extension which lies of Indian trust land other than oil and therefor “Fort Mill, S.C., VOR; via the within the Camp Springs, Md. (Andrews gas. IN T of the Fort Mill 069° and the Pine­ AFB) Restricted Area/Military Climb Interested persons were given an op­ hurst 281° radials to the Pinehurst, Corridor (R-542) shall be used only after portunity to submit jheir comments, sug­ N.C., VOR.” obtaining prior approval from the con­ gestions or objections in writing to the 2. Section 601.6054 VOR Federal air­ trolling agency. Commissioner, Bureau of Indian Affairs, way No. 54 control areas (Quitman, Tex., Washington 25, D.C., within 30 days This amendment shall become effec­ from the date of publication of notice to Charlotte, N .C .): In the caption delete tive 0001 e.s.t. January 14, 1960. “(Quitman, Tex., to Charlotte, N.C.)” in the F ederal R egister. N o objections (Secs. 307(a) and 313(a), 72 Stat. 749, 752; were received to the purpose of the and substitute therefor “ (Quitman, Tex., 49 U.S.C. 1348, 1354) to Pinehurst, N.C.).” amendments. Several suggestions were Issued in Washington, D.C., on No­ submitted all of which point out that the These amendments shall become effec­ vember 19,1959. proposed regulations should provide that tive 0001 e.s.t., March 10, 1960. the shutdown permits be conditioned (Secs. 307(a), 313(a), 72 Stat. 749, 752: 49 G eorge S. C assady, upon obtaining the prior consent of the U.S.C. 1348, 1354) Acting Director, Bureau of Indian lessors. It was also suggested Air Traffic Management. $hat provision be made for holding Issued in Washington, D.C., on No­ hearings upon the request of either the vember 19, 1959. [F.R. Doc. 59-9983; Filed, Nov. 25, 1959; 8:45 a.m.] Indian lessor or the lessee. The sug­ G eorge S. Cassady, gestions have been thoroughly consid­ Acting Director, ered since the expiration of the 30-day Bureau of Air Traffic Management. period. As the result of such suggestions [F.R. Doc. 59-9982; Filed, Nov. 25, 1959; Title 21— FOOD AND DRUGS the new §§ 171.14a relating to the general 8:45 a.m.] tribal mining leases and 173.16a relat­ Chapter I— Food and Drug Adminis­ ing to special Crow tribal mining leases tration, Department of Health, Edu­ have been modified to require the con­ sent of the tribal lessor to the granting cation, and Welfare of shutdown permits. This necessitated [Airspace Docket No. 59-WA-395] SUBCHAPTER B— FOOD AND FOOD PRODUCTS changing the cross reference in § 173.16a [Amdt. 128] from “ 172.15a” to “ 171.14a.” PART 121— FOOD ADDITIVES The proposed amendments are hereby PART 601— DESIGNATION OF THE adopted as so changed, and are set forth CONTINENTAL CONTROL AREA, Subpart B— Exemption of Certain below. The amendments are effective CONTROL AREAS, CONTROL Food Additives From the Require­ upon publication in the F ederal R eg­ ZONES, REPORTING POINTS, AND ment of Tolerances is t e r . F red A. S e ato n , POSITIVE CONTROL ROUTE SEG­ Secretary of the Interior. MENTS S ubstances T h a t A re G e n e r a lly R ecognized as S afe N ovember 19,1959. Modification of a Control Area Correction 1. A new § 171.14a is added, to read Extension as follows: In F.R. Doc. 59-9820, appearing at The purpose of this amendment to page 9368 of the issue for Friday, No­ § 171.14a Suspension of operations and § 601.1272 of the regulations of the Ad­ vember 20, 1959, under the heading production on leases for minerals ministrator is to modify the description “Nutrients” in § 121.101, the word “To- other than oil and gas. of the Baltimore, Md., control area copherols” should be listed in its proper The Secretary of the Interior or his extension. alphabetical order. authorized representative, after obtain- Thursday, November 26, 1959 FEDERAL REGISTER 9 5 1 f ing the consent of the tribe, may author­ This amendment shall take effect upon ize suspension of operating and produc­ Title 29— LABOR publication in the F ederal R egister. ing requirements on mining leases for Chapter V— W age and Hour Division, Signed at Washington, D.C., this 16th minerals other than oil and gas when­ day of November 1959. ever during the primary term of the Department of Labor C larence T. L undqttist, leases, it is considered that marketing SUBCHAPTER B— STATEMENTS OF GENERAL POL­ Administrator. facilities are inadequate or economic ICY OR INTERPRETATION NOT DIRECTLY RE­ conditions unsatisfactory. Applications LATED TO REGULATIONS [F.R. Doc. 59-10000; Filed; Nov. 25, 1959; by lessees for relief from all operating 8:46 a.m.] and producing requirements on such PART 778— OVERTIME mineral leases shall be filed in triplicate, COMPENSATION in the office of the Regional Mining Supervisor of the Geological Survey and Profit-Sharing, Thrift and Savings Title 43— PUBLIC LANDS: a copy thereof filed with the Superin­ Plans INTERIOR tendent. Complete information must be Subsection 7(d) of the Pair Labor furnished showing the necessity for such Standards Act of 1938 (52 Stat. 1063; Subtitle A——Office of the Secretary of relief. Suspension of operations and 29 U.S.C. 207) sets out certain payments the Interior production shall not relieve the lessee to employees which are not to be in­ from the obligations of continued pay­ cluded in their “regular rate” of wage PART 14— DEPARTMENTAL ment of the annual rental or the mini­ payments for purposes of overtime com­ PROCEEDINGS mum royalty. pensation under section 7 of that act. Petition Respecting a Rule 2. A new § 172.15a is added to read as Among payments of this type enumer­ follows: ated, are “bona fide thrift or savings On page 7406 of the F ederal R egister plans” . Paragraph (f) of § 778.6 in this of September 15, 1959, there was pub­ § 172.15a Suspension o f operations and lished a notice of proposed rule making production on leases for minerals part discusses thrift and savings plans to accord any interested person the right other than oil and gas. with respect to overtime compensation, but it does not refer to Part 547 of this to petition for the issuance, amendment, The Secretary of the Interior or his chapter which sets forth the require­ Or repeal of a rule as provided by the authorized représentative may authorize ments of a “ bona fide thrift or savings Administrative Procedure Act. Inter­ suspension of operating and producing plan” . Therefore the purpose of this ested persons were given 30 days within requirements on mining leases for min­ amendment is to provide such a cross which to submit written comments, sug­ erals other than oil and gas whenever reference. gestions, or objections with respect to it is considered that marketing facilities Accordingly, pursuant to section 3(a) the proposed regulations. None were are inadequate or economic conditions of the Administrative Procedure Act (60 submitted within the 3 0-day period and unsatisfactory. Applications by lessees Stat. 238; 5 U.S.C. 1002), and under the the proposed regulation is hereby for relief from all operating and produc­ authority of the Fair Labor Standards adopted without change and is set forth ing requirements on such mineral leases Act of 1938 (52 Stat. 1060, as amended; below. This regulation shall become ef­ shall be filed in triplicate in the office 29 U.S.C. 201-219), Reorganization Plan fective at the beginning of the 30th cal­ of the Regional Mining Supervisor of the No. 6 of 1950 (3 CPR, 1950 Supp., p. 165) endar day following the date of this Geological Survey and a copy thereof and General Order No. 45-A (15. P.R. publication in the F ederal R egister. filed with the Superintendent. Complete 3290), 29 CPR Part 778 is hereby (Sec. 4, 60 Stat. 238; 5 U.S.C. 1033(d) ) information must be furnished showing amended as follows: the necessity for such relief. Suspen­ 1. Paragraph (f) of § 778.6 is hereby F red A. S e ato n , sion of operations and production shall amended to read as follows: Secretary of the Interior. not relieve the lessee from the obliga­ (f) Profit-sharing, thrift, and savings N ovember 19,1959. tions of continued payment of the plans. Section 7(d) (3) (b) provides that Part 14, reading as follows, is added to annual rental or the minimum royalty. the term “regular rate” shall not be 43 CFR, Subtitle A: deemed to include: 3. A new § 173.16a is added to read as § 14.1 Petition respecting a rule. follows : Sums paid in recognition of services per­ formed during a given period if * * * the Any interested person may petition in § 173.16a Suspension of operations and payments are made pursuant to a bona fide accordance with the provisions of sub­ production on leases for minerals profit-sharing plan or trust or bona fide section (d) of section 4 of the Adminis­ other than oil and gas. thrift or savings plan, meeting the require­ trative Procedure Act (60 Stat. 238; 5 The provisions of § 171.14a of this sub­ ments of the Administrator set forth in U.S.C. 1003 (d)) for the issuance, amend­ chapter are applicable to leases under appropriate regulations * * *. ment, or repeal of a rule. The petition this part. Such sums may not, however, be cred­ shall be addressed to the Secretary of the 4. A new § 176.23a is added to read as ited toward overtime compensation due Interior, Washington 25, D.C. It shall follows: under the act. The Administrator has identify the rule for which modification -issued regulations under this section or repeal is requested, or shall provide § 176.23a Suspension o f operations and which are Parts 547 and 549 of this chap­ the text of a proposed rule or amend­ production on leases for minerals ter. Payments made pursuant to plans ment, and shall set forth reasons in sup­ other than oil and gas.. which meet the requirements of the reg­ port of the petition. The petition will be The provisions of § 172.15a of this sub­ ulations in Parts 547 and 549 of this given prompt consideration and the pe­ chapter are applicable to leases under chapter will be properly excluded from titioner will be notified promptly of this part. the regular rate. action taken. [F.R. Doc. 59-9989; Filed, Nov. 25, 1959; (52 Stat. 1060, as amended; 29 U.S.C. 201- [F.R. Doc. 59-9995; Filed, Nov. 25, 1959; 8:45 a.m.] 219) 8:46 a.m.] 9512 FEDERAL REGISTER

PROPOSED RULE MAKING

transactions on behalf of the owner o f Administrator, or the Chief, Airspace DEPARTMENT OF THE INTERIOR the property. Such leases shall be made Utilization Division, Federal Aviation Bureau of Indian Affairs on forms approved by the Secretary, sub­ Agency, Washington 25, D.C. Any data,, ject to the regulations of this part and views or arguments presented during’ [ 25 CFR Part 131 1 th written approval of the Secretary. such conferences must also be submitted Leases so negotiated shall provide that in writing in accordance with this notice LEASING AND PERMITTING rentals due may, in the discretion of the in order to become part of the record for Notice of Proposed Rule Making Secretary, be paid to such guardians: consideration. The proposal contained Providing, however, That at any time in this notice may be changed in the Basis and purpose. Notice is hereby during the term of the lease, the Secre­ light of comments received. given that pursuant to the authority tary may, at his discretion and upon The official Docket will be available for vested in the Secretary of the Interior by thirty days’ notice to the lessee, require examination by interested persons at the section 463 of the Revised Statutes (25 the remaining rentals to be paid to the Docket Section, Federal Aviation U.S.C. 2), it is proposed to amend 25 CFR Secretary. Agency, Room B-316, 1711 New York 131 as set forth below. The purpose of (b) Notwithstanding the limitation Avenue NW„ Washington 25, D.C. An this amendment is to implement Public contained in § 131.6(a), leases made on informal Docket will also be available for Law 86-236 approved September 21, 1959. tribal or allotted lands on the Agua examination at the office of the Regional (73 Stat. 597), which authorizes the leas­ Caliente (Palm Springs) Reservation, Administrator. ing of tribal and allotted lands on the California, may be made for terms up to This amendment is proposed under Agua Caliente (Palm Springs) Reserva­ 60 years except grazing leases which may sections 307(a) and 313(a) of the Fed­ tion, California, for periods of not to ex­ be for a term of not to exceed 10 years. eral Aviation Act of 1958 (72 Stat. 749, ceed ninety-nine years. [P A . Doc. 59-9988; Filed, Nov. 25, 1959; 752; 49 U.S.C. 1348, 1354). This proposed amendment relates to 8:45 a.m j matters which are exempt from the rule Issued in Washington, D.C., on making requirements of the Administra­ November 19, 1959. tive Procedure Act (5 U.S.C. 1003); how­ G eorge S. C assady, ever, it is the policy of the Department of FEDERAL AVIATION AGENCY Director, the Interior that, whenever practicable, Bureau of Air Traffic Management. the rule making requirements be ob­ [1 4 CFR Parts 600, 601 ] served voluntarily. Accordingly, inter­ [Airspace Docket No. 59-WA-287] [F.R. Doc. 59-9984; Filed, Nov. 25, 1959; 8:45 a.m.] ested persons may submit written com­ FEDERAL AIRWAYS AND CONTROL ments, suggestions or objections with re­ spect to the proposed amendment to the AREAS Bureau of Indian Affairs, Washington Modification 25, D.C., within thirty days of the date of [14 CFR Parts 600, 601 1 publication of this notice in the F ederal Pursuant to the authority delegated to R egister. me by the Administrator (§ 409.13, 24 [Airspace Docket No. 59-WA-137] F.R. 3499), notice is hereby given that R oger E r n st, FEDERAL AIRWAYS AND CONTROL Assistant Secretary of the Interior. the Federal Aviation Agency is consider­ ing an amendment to §§ 600.6217 and AREAS N ovember 20, 1959. 601.6217 of thev regulations of the Ad­ 1. Section 131.16 is amended to read as ministrator, the substance of which is Extension of Time for Comments follows: stated below. In a Notice of Proposed Rule-Making VOR Federal airway No. 217 and its published in the F ederal R egister on § 131.16 Subleases ; assignment^ associated control areas presently extend amendments. September 23,1959 (24 F.R. 7654), it was from Chicago, HI., to Green Bay, Wis. stated that the Federal Aviation Agency (a) Except as provided in paragraph The Federal Aviation Agency is propos­ proposed to extend VOR Federal airway (b) of this section, a sublease, assign­ ing to extend Victor 217 northerly from No. 39 from Kennebunk, Maine, via Au­ ment or amendment of any lease or per­ Green Bay VOR to a VOR to be installed gusta, Maine, and Millinocket, Maine, mit issued under this part may be made approximately February 1, 1960, near to Presque Isle, Maine, to provide an only with the approval of the Secretary Rhinelander, Wis,, at latitude 45°38'01" additional route to accommodate the and the written consent of all parties N.,.longitude 89°27'28" W. The exten­ high volume of7 air traffic operating be­ thereto, including the surety or sureties. sion of Victor 217 from Green Bay to tween these cities. (b) With the consent of the Secretary, Rhinelander would provide x direct route In accordance with the terms of the the lease may contain a provision au­ for VHP equipped aircraft operating be­ notice, the time for public comment ex­ thorizing the lessee to sublease the prem­ tween these terminals. pired thirty days after the date of pub­ ises, in whole or in part, without further In consideration of the foregoing, the lication of the notice. The Department approval. Subleases so made shall not Federal Aviation Agency proposes to of the Air Force has informed the Fed­ serve to relieve the sublessor from any extend VOR Federal airway No. 217 and eral Aviation Agency that it wishes to liability nor diminish any supervisory its associated control areas from Green present additional data on this matter. authority of the Secretary provided for Bay, Wis., to Rhinelander, Wis. This request appears to be reasonable. under the approved lease. Interested persons may submit such Therefore, in order to provide the Air 2. Section 131.29 is amended to read as written data, views or arguments as they Force and other interested persons a follows: may desire. Communications should be further opportunity to submit additional submitted in triplicate to the Regional written data, views or arguments, the § 131.29 Palm Springs, California. Administrator, Federal Aviation Agency, date for filing such material will be ex­ (a) In addition to the authority for 4825 Troost Avenue, Kansas City 10, Mo. tended to November 30, 1959. the negotiation of leases contained in All communications received within In consideration of the foregoing, and § 131.8, leases or permits for the use of thirty days after publication of this pursuant to the authority delegated to notice in the F ederal R egister will be me by the Administrator (§ 409.13, 24 individual trust or restricted lands be­ considered before action is taken on the longing to members of the Agua Caliente proposed amendment. No public hear­ F.R. 3499), I hereby give notice that the or Palm Springs Band of Mission Indians ing is contemplated at this time, but time within which comments will be re­ may be negotiated by guardians duly arrangements for informal conferences ceived for consideration on Airspace qualified as to authority and bond under with Federal Aviation Agency officials Docket No. 59*-WA-137 is extended to the laws of California, to enter into may be made by contacting the Regional November 30, 1959. Communications Thursday, November 26, 1959 FEDERAL REGISTER 9513 should be submitted in triplicate to the Issued in Washington, D.C., on No­ amended to include the SWi4NE% of Regional Administrator, Federal Avia­ vember 19, 1959. Section 16, T. 31 N., R. 5 W., M.D.M., tion Agency, New York International California. ' G eorge S. C assady, Airport, Jamaica 30, N.Y. R . G. Sporleder, Acting Director, Officer-in-Charge, This amendment is proposed under Bureau of Air Traffic Management. sections 307(a> and 313(a) of the Fed­ Northern Field Group, eral Aviation Act of 1958 (72 Stat. 749, [F.R. Doc. 59-9985; Filed, Nov. 25, 1959; Sacramento, California. 752; 49 U.S.C. 1348, 1354). 8:45 a.m.] [F.R. Doc. 59-9991; Filed, Nov. 25, 1959; 8:45 a.m.]

NOTICES [Document 215, Amdt. 2] ARIZONA Notice of Proposed Withdrawal and DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR Reservation of Lands Bureau of Customs Bureau of Land Management Effective upon publication, paragraph 3 of Federal Register Document No. 59— [342.5] CALIFORNIA 1380 appearing on page 1219 of the issue of February 17, 1959 (amended by Fed­ CERTAIN MANUFACTURED ARTICLES Notice of Proposed Withdrawal and • Reservation of Lands eral Register Document No. 59-1900 ap­ IN CHIEF VALUE OF CULTURED pearing on page 1663 of the issue of PEARLS N ovember 18,1959. March 5, 1959) is amended to read: The United States Department of Agri­ The area described totals 30,317.63 acres, Proposed Tariff Classification culture, Forest Service, has filed an ap­ of which approximately 27,325.00 acres is in plication, Serial Number Sacramento addition to the original establishing order N ovember 20,1959. 059766 for the withdrawal of the lands and subsequent enlargement order. It appears that certain manufactured described below, from all forms of ap­ Dated: November 20, 1959. novelty articles in chief value of cul­ propriation under the public land laws, tured pearls, not enumerated in the including the general mining laws, sub­ E. I. R o w la n d , Tariff Act of 1930 and not similar in use ject to existing valid claims. The appli­ State Supervisor. to any article enumerated in the tariff cant desires the land for use as the [F.R. Doc. 59-9992; Filed, Nov. 25, 1959; act are properly classifiable under para­ Foresthill Administrative Site. 8:45 a.m.] graph 1558, Tariff Act of 1930, as manu­ For a period of 30 days from the date factured articles not specially provided of publication of this notice, all persons for, and dutiable at the rate of Iff per­ who wish to submit comments, sugges­ cent ad valorem udder that paragraph, tions, or objections in connection with Office of the Secretary as modified, and that paper weights in the proposed withdrawal may present chief value of cultured pearls are prop­ their views in writing to the undersigned WHEELER NATIONAL WILDLIFE erly dutiable by virtue of the similitude ‘ officer of the Bureau of Land Manage­ REFUGE clause in paragraph 1559(a), as ment, Department of the Interior. amended, at the rate applicable to glass I f circumstances warrant it, a public Designating Certain Adjacent Lands household articles, not cut or engraved, hearing will be held at a convenient time and Waters as Closed Areas Under and not bubble glass, which rate is 50 and place, which will be announced. Migratory Bird Treaty Act cents each, but not less than 30 nor more The determination of the Secretary on than 50 percent ad valorem under para­ the application will be published in the Pursuant to section 3 of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. graph 218(f), as modified. F ederal R egister. A separate notice will Pursuant to § 16.10a(d) Of the Cus­ be sent to each interested party of 755; 16 U.S.C. 704), as amended, and in accordance with authority delegated by tom s‘Regulations (19 CFR 16.10a(d)), record. notice is hereby given that the existing The lands involved in the application the President in Executive Order No. 10250, having due regard to the zones of practice of assessing duty on this mer­ are: chandise on the basis of the component temperature and to the distribution, M o u n t D ia b l o M e r id ia n , Ca l if o r n ia material in chief value at the rate of 5 abundance, economic value, breeding percent ad valorem, the rate applicable T. 14 N „ R. 10 K., habits, and times and lines of migratory under paragraph 1528, as modified, to Sec. 25 : Lots 8 and 9. flight of migratory birds included in the pearls, drilled or undrilled, but not set or The above described area totals 16.81 terms of the convention between the strung, is under review in the Bureau, acres.' United States and Great Britain for the the mixed materials clause in paragraph W alter E. B e c k , protection of migratory birds, concluded 1559, Tariff Act of 1930, having been re­ Manager, Land Office, August 16, 1916, and the convention be­ pealed by the Customs Simplification Act Sacramento. tween the United States and the United of 1954. [F.R. Doc. 59-9990; Filed, Nov. 25, 1959; Mexican States for the protection of Consideration will be given to any rele­ 8:45 a.m.] migratory birds and game mammals, vant data, views, or arguments pertain­ concluded February 7, 1936, the area ing to the correct classification of this described below is designated as an area merchandise which are submitted to the closed to the hunting of migratory Bureau of Customs, Washington 25, D.C., [Classification 544] birds, and notice is hereby given that the pursuing, hunting, taking, capturing, in writing. To assure consideration, CALIFORNIA such communications must be received or killing of migratory birds, or attempt­ in the Bureau not later than 30 days Small Tract Classification; Partial Rev­ ing to take, capture, or kill migratory from the date of publication of this ocation and Order Providing for birds will not be permitted on or over notice. No hearings will be held. such lands after the effective date of this Opening of Lands regulation. * [ seal] R a lp h K e l l y , N ovember 19,1959. All of those areas of land and water in Commissioner of Customs. In Federal Register Document 59-9172, sections 22, 26, 27, 34, and 35, T. 5 S., R. [F.R. Doc. 59-10005; Filed, Nov. 25, 1959; appearing on page 8859 of the issue for 4 W., on the west shore of Flint Creek 8:47 a.m.] October 30, 1959, the land description is embayment in Morgan County, Alabama, No. 231----- 2 9514 NOTICES

lying adjacent to the Wheeler National F.R. 6418; 19 F.R. 34, 4585; 20 F.R. 167, 7. Eliminate the distinction between a Wildlife Refuge, and more particularly 552; 21 F.R. 7655; 22 F.R. 2017, 3474; 23 shipment of cattle or calves only and a described as follows: F.R. 90, 1938; 24 F.R. 3703), is further mixed shipment of cattle and calves for Beginning at US-TVA Monument 183 at amended by addition of a new paragraph purposes of determining the applicable the northwest corner of the N E^N W 1/^, sec­ to read as follows: maximum selling charge; tion 34, and in the boundary of the United 8. Increase by 10 cents per the States of America’s land. From the initial S ec. 13. Lands and minerals. * * * (cc) The revocation of Departmental charges for selling boars, except with re­ point with the United States of America’s spect to the charge for selling a consign­ boundary line and between section 27 and reserves of certain Indian lands for 34, S. 89905' E„ 1,333 feet to US-TVA Monu­ agency, school or other administrative ment of one head only; ment 184 (buried) at the southwest corner purposes under the jurisdiction of the 9. Increase by' 5 cents per head and of the SE}4, section 27; thence in section 27, Bureau of Indian Affairs, when the Com­ by 2 cents per head, respectively, the N. 0°45' E., 1,326 feet to US-TVA Monument missioner determines these lands are no charges for selling (1) a consignment of 69 at the northwest comer of the SW (4 SE %; one head only and (2) a consignment of S. 89°05' E., 667 feet to US-TVA Monument longer needed for the purposes for which they were set aside, and the restoration more than one head of hogs; 68 at the northeast corner of the NW % SW % 10. Eliminate the distinction between SE^4; N. 0°50' E., 1,322 feet to US-TVA of jurisdiction over the lands to the Monument 67 at the northwest corner of the tribes. hogs arriving by rail and hogs arriving NE%NW%SE%; N. 88°55' W., 667 feet to F red A. Seato n, other than by rail in determining the US-TVA Monument 66 at the southwest Secretary of the Interior. maximum charge for selling a consign­ corner of the NE14; N. 0°45' E., 660 feet to ment, increase by $1.75 the maximum the US-TVA Monument 65 at the northwest N ovember 19, 1959. charge for selling a consignment weigh­ corner of the SW% SWy4NEy4; N. 88°50' W., [F.R. Doc. 59-9994; Filed, NoV. 25, 1959; ing 18,000 pounds or less, and increase 667 feet to US-TVA Monument 64 at the 8:46 a.m.] by one cent the charge for selling each southwest comer of the NE%SE^NW%; N. 100 pounds or fraction thereof in excess 0°45' E., 1,322 feet to US-TVA Monument 63 at the northwest corner of the SE^NE (4 of 18,000 pounds of a consignment; NW*4; leaving the United States of America’s 11. Increase by 5 cents per head and boundary line, with the north line of the DEPARTMENT OF AGRICULTURE by 2 cents per head, respectively, the SEV4NEi4NW^4; S. 88°45' E., 227 feet, pass­ Agricultural Marketing Service charges for selling (1) a consignment of ing a metal marker at 207 feet, to a point in one head only and (2) a consignment of the 556.3-foot contour on the southwest [P. & S. Docket No. 402] more than one head of sheep or goats; shore of an embayment of Wheeler Lake; 12. Eliminate the maximum charge for continuing with the north line of the SE14 MARKET AGENCIES AT UNION STOCK NE14NW 14; S. 88°45' E„ 173 feet; N. 0°45' E., YARDS, CHICAGO, ILL. selling a consignment of sheep or goats; approximately 3,120 feet to a point in the 13. Eliminate the maximum charge for centerline of the original channel of the Petition for Modification of Rate selling a consignment of livestock con­ Tennessee River; with the centerline of the Order taining two or more species. original channel of the Tennessee River as 14. Increase by 5 cents the extra serv­ it meanders in a southeasterly direction ap­ Pursuant to the provisions of the ice charges, respectively, (1) for each proximately one mile to a point opposite the Packers and Stockyards Act, 1921, as additional weight draft over 3 on ac­ mouth of the original channel of Flint amended (7 U.S.C. 181 et seq.), an order count of sales or purchase classification, Creek; with the centerline of the original was issued on October 16,1959, authoriz­ channel of Flint Creek as it meanders in a (2) for each additional check, each ing the respondents, Market Agencies at additional account of sales, and each general southwesterly direction approxi­ Union Stock Yards, Chicago, Illinois, to mately 2% miles; leaving the centerline of proceeds deposit or bank credit over one, the original channel of Flint Creek, N. 0°45' assess the current temporary schedule of and (3) ior computing, collecting, and W., approximately 2,600 feet to the point of rates and charges to and including De­ remitting each check for the charges of beginning. cember 21, 1959, unless modified or ex­ transportation; tended by further order before that date. 15. Redesignate section J as section I; The above-described land contains an On November 9, 1959, a petition was aggregate of 925.00 acres, more or less. 16. Increase by 10 cents per head (1) filed on behalf of the respondents re­ the charges for purchasing feeder cattle In accordance with section 4 of the questing authority to modify the current Administrative Procedure Act (5 U.S.C. or calves at auction by direct bid, and temporary schedule of rates and charges. (2) the charges for having feeder'cattle 1003), notice of intention to adopt this The proposed modifications would: regulation dated September 21, 1959, was or calves which have been purchased by 1. Increase by 10 cents per head the direct bid by a buyer weighed to or published September 26, 1959, in the charges for selling cattle; F ederal R egister (24 F .R . 7798). No through a market agency fbr the buyer; 2. Eliminate the distinction between 17. Increase by $3.50 the maximum protests or suggested changes have been cattle arriving by rail and cattle arriving received. While it is the policy of the charge for the first 24,400 pounds of other than by rail in determining the feeder cattle purchased for a buyer at Department that new or amended regu­ maximum charge for selling a consign­ lations shall become effective 30 days auction by direct bid, and increase by ment, increase by $3.50 the maximum one and one-half cents the charge for after publication in the F ederal R eg­ charge for selling a consignment weigh­ is t e r , the imminence of the duck hunt­ each 100 pounds or fraction thereof of ing 24,400 pounds or less, and increase by such cattle in excess of 24,400 pounds; ing season which opens in Alabama on one and one-half cents the charge for November 25, 1959, makes the 30-day 18. Increase by $3.00 the maximum selling each 100 pounds or fraction charge for each 100 feeder calves or less period impracticable. Accordingly this thereof in excess of the first 24,400 regulation shall become effective on No­ purchased for a buyer at auction by pounds of a consignment; direct bid; vember 25, 1959. 3. Increase by 10 cents per head the charges for selling calves; 19. Increase by $2.75 the maximum Issued at Washington, D.C., this 20th charge for the first 24,400 pounds of 4. Eliminate the distinction between day of November 1959. feeder cattle which have been purchased calves arriving by rail and calves arriving at auction by direct bid by a buyer F red A. S e ato n , other than by rail in determining the Secretary of the Interior. maximum charge for selling a consign­ weighed to or through a market agency for the buyer, and increase by one-half ment, and increase by $3.00 the maxi­ [F.R. Doc. 59-9993; Filed, Nov. 25, 1959; cent the charge for each 100 pounds or 8:46 ajn.] mum charge for selling each 100 calves or less of a consignment; fraction thereof of such cattle in excess of 24,400 pounds; 5. Increase by 10 cents per head the charges for selling bulls, except with re­ 20. Increase by $2.25 the maximum charge for each 100 feeder calves or less [Order No. 2508; Arndt. 31] spect to the charge for selling a consign­ ment of one head only weighing over which have been purchased at auction BUREAU OF INDIAN AFFAIRS 1,000 pounds; by direct bid by a buyer and weighed to Delegation of Authority 6. Eliminate the exception of bulls or through a market agency for the from the category “tagged cattle”, and buyer; Section 13 of Order No. 2508, as increase by 25 cents per head the charges 21. Increase by 5 cents per head the amended (14 F.R. 258; 16 F.R. 11974; 17 for selling tagged cattle; charge for any stockyard services, ren- Thursday, November 26, 1959 FEDERAL REGISTER 9515 dered in connection with feeder cattle or Section B—Continued Section E calves acquired by a buyer at auction but celling charges— continued EXTRA SERVICE CHARGES which have been neither purchased nor Rate per The following extra service charges are paid for by the market agency; B-5—Bulls—Continued head applicable to each consignment, bought or 22. Increase by $1.75 the maximum Consignments of more than one sold, and are in addition to the charges pro­ charge for any stockyard services ren­ head: vided in Sections B, C, and F for selling or dered in connection with the first 24,400 Each animal weighing 700 pounds buying: pounds of feeder cattle acquired by a or over______$1. 70 Cents buyer at auction but which have been Ail hulls weighing less than 700 For each additional weight draft over neither purchased nor paid for by the pounds______- {*) 3 on account of sales or purchase B-6— Tagged cattle: Suspects, Con­ classification (brought about by market agency, and increase by three- demned Cattle, T.B. or Bang’s Reac­ sorting and weighing for the best fourths cent the charge for rendering tor ______'______2. 25 interests of the shipper) ______30 such services in connection with each 100 B-7—Boars: For each additional check, each addi­ pounds or fraction thereof of such cattle Consignment of one head and one tional account of sales, each pro­ in expess of 24,400 pounds; head only______1.00 ceeds deposit or bank credit over 1__ 15 23. Increase by $1.50 the maximum Consignments of more than one Fpr computing, collecting and remit­ charge for any stockyard services ren­ head: ting each check for the charges of dered in connection with each 100 feeder First 10 head in each consign­ transportation______15 m en t______-I;______.85 calves or less acquired by a buyer at auc­ Each head over 10 head in each Rate per tion but which have been neither pur­ consignment______. 70 head chased nor paid for by the market B-8— Hogs: Driving livestock to outbound loading agency; Consignments of one head and one chute pens: Driving livestock to the 24. Redesignate section I as section J, head only: outbound loading chute pens for and establish a minimum charge of one Each head weighing 250 pounds or outbound shipment, the following charges will apply: cent per consignment and a maximum over______^ .75 Each head weighing under 250 C a ttle ______$0.10 charge of 7 cents for each 23 cattle, each pounds______.60 Calves ______. 05 62 calves, each 64 hogs, and each 161 Consignments of more than one Hogs ____— ______. 03 x sheep or fraction thereof in a consign­ head: S h eep ______. . 02 ment to defray the cost of fire insurance; First 10 head in each consign­ 25. Designate the final undesignated ment ______. 50 The above to be applicable only in the Next 15 head in each consign­ event the Union Stock Yard and Transit section relating to deductions for the Na­ Company of Chicago, Illinois, is unable to tional Live Stock and Meat Board as ment ______. 45 Each head over 25 head in each satisfactorily perform this driving service section K, establish a minimum deduc­ consignment______. 40 and does not apply to Stockers and Feeders. tion of one cent per consignment, and B-9—Hogs, maximum charge: * * • * • eliminate the maximum deduction with In no instance shall the charge for respect to a consignment of livestock selling a consignment of hogs exceed Se c t io n I containing two or more species. the aggregate of $34.50 for the first The portions of the current temporary 18,000 pounds plus 17 cents fpr each FEEDER CATTLE AND CALF AUCTION BUYING AND SERVICE CHARGES schedule modified as indicated above additional 100 pounds or fraction thereof, plus extra service charges would read as follows: No feeder livestock offered for sale at auc­ provided in Section E. tion will be purchased or paid for by a mar­ Se c t io n B B-10— Sheep or goats: ket agency for a buyer, nor any other stock- Consignments of one and one head SELLING CHARGES yard service rendered, unless arrangements Rate per o n ly ______.______. 55 Consignments of more than one satisfactory to the market agency to assure B—1—Cattle: head payment therefor have been made by the head: Consignments of one head and one buyer. First 10 head in each 250 head____ , 37 head only______$1. 60 When a market agency purchases feeder The next 50 head in each 250 Consignments of more than one livestock at auction by direct bid for a buyer, head______. 30 head: the charge per consignment shall be: First 5 head in each consignment- 1.40 The next 60 head in each 250 Next 10 head in each consignment- 1. 35 head______. 17 Rate per Each head over 15 head in each The next 130 head in each 250 head head______. 12 consignment ______1. 30 1-1—Cattle (average weight over 400 B-2—Cattle, maximum charge: B -ll—Live Stock ordered into the Live p ou n d s)______$1.35 In no instance shall the charge for Stock and Forwarding Co.’s Division Pius extra service charges provided after having been offered for sale by selling a consignment of cattle ex­ in Section E. Maximum—$44.50 for ceed the aggregate of $44.50 for the a member of The Chicago Live Stock Exchange will be subject to one com­ the first 24,400 lbs., plus 16% cents first 24,400 pounds, plus 16% cents mission charge providing the con­ for each additional 100 lbs. or frac­ for each additional 100 pounds or tion thereof, plus extra service fraction thereof, plus extra service signment is returned and sold by charges provided in Section E. charges provided in Section E. the same commission firm to whom B-3—Calves: they were originally consigned. 1-2—Calves (average weight 400 Consignments of one head and one B-12— Live Stock reconsigned, by the pounds or under)______— .65 head only______.90 owner, after being offered for sale by Plus extra service charges pro­ Consignments of more than one a member of The Chicago Live Stock vided in Section E. Maximum— head: Exchange will be deemed a service $38.00 for each 100 calves or less, plus First 5 head in each consignment- . 75 rendered and one-half the regular commission charge assessed. extra service charges provided in Next 10 head in each consign­ . Section E. m en t______- .60 B-13— A market agency, using live Each head over 15 head in each stock out of a consignment received When feeder livestock purchased at consignment______. 50 for sale, to fill, in whole or in part, an order received from a buyer will auction by direct bid by a buyer is B-4— Calves, maximum charge: weighed to or through a market agency In no instance shall the charge for be presumed to be acting solely as the agent of the consignor and shall for the buyer, the charge per con­ selling a consignment of calves ex­ signment shall be: ceed $38.00 for each 100 calves or collect the regular selling charges less, plus extra service charges pro­ from the consignor. Collection shall 1-3— Cattle (average weight over 400 vided in Section E. also be made from the buyer, to p o u n d s )______1. 05 B-5— Bulls: cover expenses incurred, of an Plus extra service charges provided Consignments of one head and one amount equal to one-half the regu­ in Section E. Maximum—$33.50 for head only weighing over 1,000 lar buying charge. the first 24,400 pounds, plus 12% pounds_____]______- ______2.00 One head and one head only * * • • • cents for each additional 100 pounds weighing 700 pounds to 1,000 or fraction thereof, plus extra serv­ pounds______1. 70 1 Apply cattle rate. ice charges provided in Section E. 9516 NOTIGES

S e c t io n I—Continued The modifications, if authorized, will to Honolulu and Kilo, and has requested FEEDER CATTLE AND CALF AUCTION BUYING AND produce additional revenue for the re­ that USOA’s proposed revisions be sus­ se rvice charges— continued spondents and increase the cost of pended and investigated and that its Rate per marketing livestock. Accordingly, it ap- presently effective common fares be in­ head pears that this public notice of the filing vestigated. PAA in support of its request 1-4— Calves (average weight 400 of the petition and its contents should be contends that the Board has already de­ pounds or under)______$0.50 given iri order that all interested persons termined in the Hawaiian Common Fares Plus extra service charges provided may have an opportunity to indicate a Case, 10 CAB 921 (1949) that common­ in Section E. Maximum—$28.50 for desire to be heard in the matter. rating of Honolulu and Hilo to and from each 100 calves or less, plus extra All interested persons who desire to service charges provided in Section E. mainland points results in unjust and be heard in the matter shall notify the unreasonable rates and is unduly prefer­ When feeder livestock offered for Hearing Clerk, United States Depart­ ential and prejudicial. sale at auction is neither purchased ment of Agriculture, Washington 25, nor paid for by a market agency, the The Board, in the Hawaiian Common charge per consignment for any other D.C., within 15 days after the publica­ Fares Case, determined that common stockyard service or services rendered tion of this notice. fares applicable to various points in the by such market agency in connection Done at Washington, D.C., this 20th then Territory of Hawaii were unduly with feeder livestock acquired by the day of November 1959. preferential and prejudicial and unjust buyer at auction shall be: and unreasonable.1 The common fares 1-5— Cattle (average weight over 400 D avid M . P e t t u s , proposed by USOA and those common p o u n d s ) ______.70 Director, Livestock Division, fares which are presently effective in Plus y2 extra service charges pro­ Agricultural Marketing Service. Hawaii appear to present substantially vided in Section E. Maximum— [F.R. Doc. 59-10002; Filed,' Nov. 25, 1959; the same legal issues and problems which $22.25 for the • first 24,400 pounds, 8:47 a.m.] confronted us in the Hawaiian Common plus 8% cents for each additional 100 pounds or fraction thereof, plus Fares Case and may therefore be un­ y2 extra service charges provided in lawful. In view of this, we are ordering Section E. an investigation into USOA’s proposed 1-6— Calves (average weight 400 CIVIL AERONAUTICS BOARD , »common fares and the presently effective pounds or u n d e r )______.35 [Docket No. SA-348] common fares applicable to points in Plus y2 extra service charges pro­ Hawaii from points in the continental vided in Section E. Maximum— AIRCRAFT a c c id e n t n ea r United States. $19.00 for each 100 calves or less, CHARLOTTESVILLE, VA. On the basis of the information before plus y2 extra service charges pro­ vided in Section E. Notice of Hearing us, the Board has determined not to sus­ pend USOA’s proposed common fares. When feeder livestock offered for sale In the matter of investigation of acci­ We base this finding on the fact that at auction is neither purchased nor dent involving aircraft of United States supplemental air carriers are not re­ paid for by a market agency, nor any Registry N 55V, which occurred on other stockyard service or services quired to serve the Hawaiian points in rendered by such market agency in Bucks Elbow Mountain near Charlottes­ any particular sequence and, have had connection with feeder livestock ac­ ville, Virginia, October 30, 1959. common fares applicable to points in quired by the buyer at auction, there Notice is hereby given, pursuant to the Hawaii since 1953. No air carrier has shall be no charge. Federal Aviation Act of 1958, par­ complained against such fares until PAA S e c t io n J ticularly Title V II of said Act, in the filed its complaint against USOA’s cur­ above-entitled proceeding that hearing rent proposal. Further, PAA in its com­ FIRE INSURANCE is hereby assigned to be held on Decem­ plaint does not establish that USOA’s To defray cost of fire insurance under ber 10, 11, 12, 1959, at 9:00 a.mN (local proposal will have an adverse effect on Hartford Insurance Company Policy No. time) in the Virginia Room of its operations. 5628 the following charges will be made: the Monticello Hotel, Charlottesville, Pursuant to sections 204(a) , 403, 404, y2 cent per head on cattle. ’Virginia. ys cent per head on calves. and 1002 of the Federal Aviation Act of ys cent per head on hogs. Dated at Washington, D.C., November 1958: It is ordered: % cent per head on sheep. 19, 1959. 1. That an investigation is instituted to determine whether it is or will be Subject to a minimum of 1 cent per con­ [ seal] T h om as K . M cD i l l , signment and a maximum charge of 7 cents unjust or unreasonable, or unjustly dis­ for each 23 cattle, each 62 calves, each 64 Hearing Officer. criminatory, or unduly preferential hogs, and each 161 sheep or fraction thereof [F.R. Doc. 59-10006; Filed, Nov. 25, 1959; prejudicial to establish and maintain the each in a consignment. 8:47 a.m.] same rates, fares, charges, rules, regula­

Se c t io n K tions, or practices for air transportation of passengers between the contiguous NATIONAL LIVE STOCK AND MEAT BOARD states and any of the several points in For the purpose of increasing the con­ [Order No. Ë-14672; Docket No. 10997] Hawaii; and to determine and prescribe sumption of meat and meat products, the COMMON FARES TO HAWAII the lawful rates, fares, or charges (or the members of The Chicago Live Stock Ex­ maximum or minimum, or the maximum change, engaged in selling or buying live­ Order of Investigation and minimum thereof) to be demanded, stock on commission, shall make the charged, collected, or receive for such air following deductions from the proceeds of United States Overseas Airlines, Inc. all livestock sold by them for nonresidents: < transportation or the lawful rules, regu­ (U SO A), by tariff revisions filed October lations, or practices affecting such rates, 2 cents per head on cattle. 26 and 28,1959, proposes to add common % cent per head on calves. fares, or charges, to be made effective. % cent per head on hogs. fares applicable to Honolulu and Hilo, % cent per head on sheep. Hawaii from Seattle, Washington, Port­ land, Oregon, and Philadelphia, Pennsyl­ 1 The Board in this case stated that fares Subject to a minimum of 1 cent per con­ requiring a passenger traveling along the signment and a maximum charge of 50 cents vania. The fares will become effective for each 30 cattle, each 75 calves, each 75 on November 25 and 27, 1959. In addi­ same route to a nearer point to pay the same fare as one going to a farther point obviously hogs, and each 300 sheep or fraction thereof tion, USOA and Transocean Air Lines, each in a consignment. prejudices the former who is required to as­ Inc. (Transocean), presently have effec­ sume a greater proportion of the applicable All livestock bought for slaughter shall be tive tariffs containing common fares ap­ charged the above rates. costs, and prefers the latter who carries a plicable to various points in Hawaii from The money so collected shall be turned relatively less proportion of such costs. over monthly to the Secretary of the Ex­ points within the continental United Moreover, the Board stated that common change, who will remit it to the National States, fares to Hawaii were also prejudicial as be­ Live Stock and Meat Board. Pan American World Airways, Inc. tween Honolulu and the other islands, and If any customer objects to the payment of (P A A ), in Docket 10985 has complained as between the nearer and farther islands this sum, his wishes shall be respected and of USOA’s proposed revisions and cur­ and preferential to the farther islands as no charge made on his consignment. rently effective common fares applicable compared to the nearer ones and Honolulu. 9517 Thursday, November 26, 1959 FEDERAL REGISTER I t is ordered, This 20th day of Novem­ Act of 1934, as amended, the Commis­ 2. That the complaint filed by Pan sion, in letters dated December 18, 1958 American World Airways, Inc., in Docket ber 1959, that the hearing now scheduled and June 30, 1959, and incorporated 10985, is dismissed insofar as it requests for November 23, 1959, is continued in­ herein by reference, notified the appli­ suspension of USOA’s tariff proposal definitely. cant, and any other known parties in and, except as dismissed, is consolidated Released: November 20, 1959. interest, of the grounds and reasons for with the investigation here instituted. ederal ommunications the Commission’s inability to make a 3. That the investigation hereby insti­ F -C finding that a grant of the application tuted shall be set for hearing at a time C o m m is s io n , would serve the public interest, con­ and place to be announced before a [ seal] M a r y Jane M o rris, Hearing Examiner, and further proceed­ Secretary. venience and necessity; and that copies of the aforementioned letters are avail­ ings herein shall be pursuant to 14 CFR [F.R. Doc. 59-10009; Piled, Nov. 25, 1959; able for public inspection at the Com­ Part 302, as amended. A copy of this 8:47 a.m.] order shall be served upon Pan American mission’s offices; and World Airways, Inc., United States Over­ It further appearing that the applicant seas Airlines, Inc., Transocean Air Lines, filed timely replies to the aforementioned letters, which replies have not, however, Inc., United Air Lines, Inc., Northwest [Docket Nos. 13262, 13263; FCC 59M-1569] Airlines, Inc., Aloha Airlines, Inc., and entirely eliminated the grounds and rea­ JAMES J. WILLIAMS AND sons precluding a grant of the applica­ Hawaiian Air Lines, Inc., each of which CHARLES E. SPRINGER is made a party herein. This order shall tion and requiring a hearing on the par­ ticular issues hereinafter specified; and also be published in the F ederal Order Scheduling Prehearing in which the applicant stated that it R egister. Conference would appear at a hearing on the instant By the Civil Aeronautics Board. In re applications of . James J. application; and [ seal] M abel M cC art, Williams, Williamsburg, Virginia, Docket It further appearing, that by a joint Acting Secretary. No. 13262, File No. BP-11148; Charles E. “Petition To Designate Application For Springer, Highland Springs, Virginia, Hearing” filed June 9, 1959, Ellenville [P.R. Doc. 59-10007; Piled, Nov. 25, 1959; Broadcasting Company (hereinafter “El­ 8:47 a.m.] Docket No. 13263, File No. BP-13122; for construction permits. lenville” ) and Catskills Broadcasting The Hearing Examiner haying under Company (hereinafter “Catskills”) ob­ consideration the above-entitled pro­ jected to a grant of the subject proposal, FEDERAL COMMUNICATIONS ceeding; contending that the applicant is not fi­ It is ordered, This 20th day of Novem­ nancially qualified; that, in submitting COMMISSION ber 1959, that all parties, or their at­ financial data, applicant lacked candor by failure to disclose outstanding finan­ [Docket Nos. 12619, 12620; FCC 59M-1570] torneys, who desire to participate in the proceeding, are directed to appear for a cial commitments; that in compiling the GRAVES COUNTY BROADCASTING prehearing conference, pursuant to the required population figures for various CO., INC., A N D MUHLENBURG provisions of § 1.111 of the Commission’s contours, applicant also lacked candor since it “ rounded off” the population BROADCASTING CO. (WNES) rules, at the Commission’s offices in Washington, D.C., at 10:00 a.m„ Decem­ figures compiled for its original 500-watt Order Continuing Hearing ber 2, 1959. proposal and submitted substantially the same computation data in the several en­ In re application of Graves Broadcast­ Released: November 20, 1959. gineering amendments to the applica­ ing Company, Inc., Providence; Ken­ F ederal C ommunications tions (changes in frequency and pow er); tucky, Docket No. 12619, File No. B P- C o m m is s io n , that applicant’s proposed programming 11577; Muhlenburg Broadcasting Com­ [ seal] M a r y Jane M orris, is similar to the programming of WBNR, pany (WNES), Central City, Kentucky, Secretary. Beacon, New York, in which parties to Docket No. 12620, File No. BP-11731; for the instant application have an owner­ construction permits. [P.R. Doc. 59wl0010; Filed, Nov. 25, 1959; 8:47 a.m.] ship interest; that the transmitter site On the Examiner’s own motion; It is photograph used for the present proposal ordered, This 19th day of November 1959, in the instant application is the same as that hearing in the above-entitled pro­ for a formerly specified site; that Alfred ceeding presently scheduled for Novem­ [Docket No. 13272; FCC 59-1169] and Saul Dresner, parties to the instant ber 23, 1959, be, and the same is, hereby application, effected an unauthorized continued indefinitely. ULSTER COUNTY BROADCASTING transfer of control with respect to par­ Released: November 20, 1959. CO. ties in the Beacon, New York application (WBNR, In c.), giving rise to a character F ederal C ommunications Order Designating Application for qualification question; and requested C o m m is s io n , Hearing on Stated Issues that the instant application be set for [ seal] M a r y Jane M orris, Secretary. In re application of Saul Dresner, hearing; and Alfred Dresner, Samuel Dresner and It further appearing that Ulster County [F.R. Doc. 59-10008; Piled, Nov. 25, 1959; Rose Dresner, d/b as , Ulster County Broadcasting Company (hereinafter 8:47 ajn.] Broadcasting Company, Ellenville, New “ Ulster County” ) filed an Opposition to York, Docket No. 13272, File No. BP- said Petition on June 22, 1959, which de­ 11781; Requests: 1570 kc, 250 w, Day; for nied the allegations contained in the construction permit. joint petition, and requested that the [Docket No. 12733; FCC 59M-1573] At a session of the Federal Communi­ Ulster Counity application be granted NORMAN E. KAY cations Commission held at its offices in without hearing; and Washington, D.C., on the 18th day of It further appearing that, the “Reply Order Continuing Hearing November 1959; To Opposition” filed by petitioners on June 29, 1959, alleged that the applicant In re application of Norman E. Kay, The Commission having under con­ evaded the issues raised in the petition, Del Mar, California, Docket No. 12733, sideration the above-captioned and de­ stating that these issues still exist; and File No. BP-12089; for construction per­ scribed application; requested that the application be desig­ mit. It appearing that, except as indicated The Hearing Examiner having under by the issues specified below, the instant nated for hearing; and consideration the desirability of con­ applicant is legally and technically quali­ It further appearing that, in an “An­ tinuing the hearing in the above- fied to construct and operate the instant swer To Reply To Opposition” filed on entitled proceeding; proposal; but may not be financially or July 7, 1959, Ulster County entered a It appearing that the applicant has otherwise qualified; and complete denial of the petitioners’ alle­ filed a petition requesting dismissal of It further appearing that, pursuant to gations, and again requested that the its application; section 309(b) of the Communications application be granted; and 9518 NOTICES

It further appearing that, in a “ Sup­ Application for the reason stated in its 2. To determine whether, if it is found plement To Petition To Designate Appli­ M ay 5,1959 petition; and "that the applicant has a transmitter site cation For Hearing” and an affidavit It further appearing that, by virtue of available, the applicant is financially attached thereto, filed by Ellenville and the Ulster County amendment filed May qualified to construct and operate its Catskills on September 28, 1959, it was 15, 1959 which changed the location of proposed station. alleged that “The owners of the property the proposed transmitter site, the instant 3. To determine whether the instant on which the * * * applicant proposes proposal would involve no objectionable applicant, has misrepresented to the to locate its transmtter site have had no interference within the 0.5 mv/m con­ Commission the facts with respect to the negotiations or discussions with any tour of,Station WQXR; and that, under transmitter site specified, and, if so, party with respect to the sale or lease of the Commission rules W QXR is not en­ whether thé applicant has the requisite the said property; the owners had never titled to protection beyond its normally character qualifications to be a licensee negotiated or discussed this matter with protected 0.5 mv/m contour, Patchogue of a standard broadcast station. Ulster County * * * or with * * * the Broadcasting Co., Inc. (W APC), 18 Pike 4. To determine, in the light of the (parties) therein; and the owners in fact and , R.R. 862a; Big River.Broad- evidence adduced under the foregoing do not know any of the Dresners” ; that casters (W BAZ), 18 Pike and Fischer, issues, whether a grant of the instant in view of the foregoing, i t was a mis­ R.R. 855; and application would serve the public in­ representation to allege to the Commis­ It further appearing that, the peti­ terest, convenience and necessity. sion that the cost of this new transmitter tioners’ and affiants’ statements con­ I t is further ordered, That, to avail site was “ comparable” to that of the old; cerning the second transmitter site itself of the opportunity to be heard, the that this, therefore, raises a question as proposed by Ulster County are in direct applicant, pursuant to § 1.140 of the to applicant’s financial qualifications; conflict with Ulster County’s implied rep­ Commission rules, in person or by that the code number on the new site resentation in »proposing the site and al­ attorney, shall, within' 20 days of the photograph submitted by the applicant leging that its cost is comparable to that mailing of this order, file with the Com­ in response to the Commission’s letter of of the originally proposed site and that mission, in triplicate, a written appear­ June 30, 1959 indicates that the appli­ said site is available to Ulster County for ance stating an intention to appear on cant had said picture in its possession at the erection of its transmitter building the date fixed for the hearing and the time it submitted the old site photo­ and tower; and that the applicant failed present evidence on the issues specified graph which, applicant alleged, also in­ to answer or meét these contentions in in this order. cluded therein a picture of the new site, its opposition to the supplemental peti­ I t is further ordered, That, for the rea­ but which in fact did not and that this tion; and sons specified herein, the requests of was, therefore, a deliberate misrepresen­ It further appearing that, questions Interstate Broadcasting Company tation; that true and correct copies of obtain as to whether the applicant, at the (W Q XR) contained in the above- said supplement were served by mail, time it amended its application to referenced petitions and letters are postage prepaid, September 28, 1959 on change transmitter sites, had a reason­ denied. Alfred Dresner, Counsel for Ulster able expectancy that the second site I t is further ordered, That, for the County; and it was requested that, for would be available to it for the purpose reasons stated above, the requests con­ the reasons stated therein, the instant specified, and, if not, whether the appli­ tained in the above-referenced joint application be designated for hearing; cation is, in fact, on a site-to-be-deter­ pleadings of Ellenville Broadcasting and mined basis and subject to dismissal Company and Catskills Broadcasting It further appearing that, an Opposi­ pursuant to § 3.33 of the Commission Company are granted to the extent tion to said Supplement, filed October 5, rules; whether, if said site is available specified herein and are denied in all 1959 by Ulster County alleged that it had to the applicant, the cost is the same as other respects. an “honest intention to build the radio the previously-specified site and whether It is further ordered, That, for the station on the site specified” ; that in the the applicant is financially qualified to reasons specified herein, the requests applicant’s opinion and the opinion of construct and operate the proposed sta­ contained in the above-referenced plead­ others, the land estimate is comparable; tion; and whether the applicant has ings of the applicant are denied. denied the allegations concerning the misrepresented to the Commission the Released: November 23, 1959. photographs; and again requested that true state of the facts with respect to the the petition be denied and the applica­ said site and, if so, whether the applicant F ederal C ommunications tion be granted; and possesses the basic qualifications to be a C o m m is s io n , It further appearing that, the subject broadcast'licensee; and [ se al] M ar y Jane M orris, applicant originally requested the facil­ It further appearing that, as to the iSecretary. ities 1370 kc, -500 w, Day; that on Feb­ other allegations raised by the peti­ [F.R. Doc. 59-10011; Filed, Nov. 25, 1959; ruary 24, 1959 applicant submitted an tioners, insufficient supporting data, 8:47 a.m.] amendment for operation on 1570 kc, 500 amendments from the applicant and sub­ w, Day; that on March 23, 1959 Station sequent action of the Commission make WQXR, .New York, New York submitted it unnecessary to place these points in a petition objecting to the grant of sub­ issue; and FEDERAL POWER COMMISSION ject application on the grounds of inter­ It further appearing that, after con­ [Docket No. G-19983] ference to its 0.5 mv/m contour and in sideration of the foregoing, the Commis­ the area between its 0.5 and 0.1 mv/m sion is unable to make the statutory find­ TENNESSEE GAS TRANSMISSION CO. daytime groundwave contours, citing in ing that a grant of the application would Notice of Postponement of Hearing support of its contention that the latter serve the public interest, convenience area is entitled to protection from ad­ and necessity; and is of the opinion that N ovember 16,1959. jacent channel interference, §§ 3.11(a), the application must be designated for Upon consideration of the request filed 3.22(a), and 3.182 of the Commission hearing on the issues specified below ; November 13, 1959, by Counsel for Ten­ rules; that on April 10, 1959 the appli­ It is ordered, That, pursuant to section nessee Gas Transmission Company for cant submitted a second amendment de­ 399(b) of the Communications Act of postponement of the hearing now sched­ creasing the proposed power of operation 1934, as amended, the instant application uled for December 15, 1959 in the above- to 250 watts; that W QXR submitted a is designated for hearing, at a time and designated matter; petition dated May 5, 1959 objecting to place to be specified in a subsequent The hearing now scheduled for De­ a grant of the instant application be­ order upon the following issues: cember 15, 1959, is hereby postponed to cause of interference within its 0.5 and 1. To determine whether Ulster February 2, 1960, at 10:00 a.m., e.s.t., in 0.1 mv/m contours; that on May 15,1959 County Broadcasting Company has a a hearing room of the Federal Power applicant submitted a third amendment reasonable expectancy of getting the Commission, 441 G Street NW., Wash­ changing the site of the proposed opera­ transmitter site herein specified and, if ington,T).C. tion to a location 1 mile further removed not, whether this is a site-to-be-deter­ J oseph H. G tjtride, from the WQXR service area; and that mined application subject to dismissal Secretary. on July 20, 1959 W QXR submitted a pursuant to § 3.33(a) of the Commission [FJt. Doc. 59-9986; Filed, Nov. 25. 1959; letter objecting to a grant of the instant rules. 8:45 a.m.] Thursday, November 26, 1959 FEDERAL REGISTER 9519

[Docket No. G-18078, etc.] South Texas Natural Gas Gathering G-18639; Glen Martin Field, Webb County, Company (South Texas) by its applica­ Tex.; South Texas Natural Gas Gathering TEXACO, INC., ET AL. Co. tion in Docket No. G-18907, seeks au­ G-18645; North Los Torritos Field, Hidalgo Notice of Applications and Date of thority to construct and operate certain County, Tex.; South Texas Natural Gas Hearing facilities, to gather, sell and deliver to Gathering Co. Transcontinental Gas Pipe Line. Cor­ G-18646; Cano and Rueda Fields, Hidalgo N ovember 19, 1959. poration (Transco) gas purchased from County, Tex.; South Texas Natural Gas In the matters of Texaco Inc., Docket various fields in Texas Railroad Com­ Gathering Co. mission District No. 4. The facilities G-18684; Cano Field, Hidalgo County, Tex.; No. G-18078; Dellîi-Taylor Oil Corpora­ South Texas Natural Gas Gathering Co. tion and Mayfair Minerals, Inc., Docket proposed by South Texas will connect G-18758; Cano Field, Hidalgo County, Tex.; No. G-18223; Harry L. Martin, Operator, with Transco’s facilities at a point lo­ South Texas Natural Gas Gathering Co. et al., Docket No. G-18548; S. H. Howell, cated in La Salle County, Texas, and G—18761; El Behadito Field, Starr County, Docket No. G-18600; C. C. Winn, Opera­ with South Texas’ existing gathering Tex.; South Texas Natural Gas Gathering Co. tor, Docket No. G-18601; C. C. Winn, system in Brooks County, Texas. South G-18765; North Monte Christo Field, H i­ Operator, Docket No. G-18602; C. C. Texas also proposes to construct and op­ dalgo County, Tex.; South Texas Natural Gas erate one 880 horsepower compressor Gathering Co. Winn, Operator, Docket No. G—18603; G-18779; Hidalgo. Field, Hidalgo County, Horizon Oil & Gas Company, Docket No. station. Tex.; Coastal States Gas Producing Co. and G-18607 ; Bright & Schiff, Docket No. The estimated cost of the proposed Southern Coast Corp. G-18608 ; Claud B. Hamill, Docket No. facilities is $5,498,000, which will be fi­ G-18790; Penitas Field, Hidalgo County, G-18611; Producing Properties, Inc., nanced through the issuance of common Tex.; South Texas Natural Gas Gathering Co. Docket No. G-18612; Bright & Schiff, stock and long term notes to Coastal G-18821; Penitas Field, Hidalgo' County, Docket No. G—18622 ; John L. Loeb, et al., States Gas Producing Company (Coastal Tex.; South Texas Natural Gas Gathering Co. G-18828; Donna Field, Hidalgo County, Docket No. G-18628 ; Skelly Oil Com­ States), parent company of South Texas. Transco, by its application in Docket Tex.; South Texas Natural Gas Gathering Co. pany, Docket No. G—18638 ; Glen A. Mar­ G-18865; Whitted Field, Hidalgo County, tin, et al., Docket No. G-18639; Roy H. No. G-18920 proposes to construct and Tex.; Coastal States Gas Producing Co. Bettis and G. Frederick Shepherd, operate facilities consisting of 29.07 G-18875; North Weslaco Field, Hidalgo Docket No. G-18645 ; Roy H. Bettis and miles of 20-inch lateral transmission County, Tex.; South Texas Natural Gas Gath­ G. Frederick Shepherd, Docket No. pipeline extending from a connection ering Co. G-18646 ; W. R. Ransone, Trustee, with South Texas’ facilities in La Salle G-18904; East Fitzsimmons Field, Duval Docket No. G-18684; W. L. Moody IH, et County, Texas*, to a point on Transco’s County, Tex.; Coastal States Gas Producing 24-inch South Texas lateral, and an ad­ Co. and Southern Coast Corp. al., d/b/a Moody Properties, Operator, G-18938; Rico Field, Hidalgo County, Tex.; et al., Docket No. G-18758; Appell Petro­ ditional 2,500 horsepower compressor South Texas Natural Gas Gathering Co. leum Corporation, et al., Docket No. unit at its existing compressor station G-18982; Penitas Field, Hidalgo County, G-18761; Tennessee Gas Transmission „ No. 3, plus appurtenant facilities, which Tex.; South Texas Natural Gas Gathering Co. Company, Docket No. G-18765; Tex-Star will enable it to receive the subject gas G-19016; Withers, Peidre Lumbre, Johns, Oil & Gas Corporation, et al., Docket No. from South Texas. and various Fields, Duval and Webb Coun­ G-18779 ; Harrell Drilling Company, et Transco estimates the total capital ties, Tex.; South Texas Natural Gas Gather­ al., Docket No. G-18790 ; W. L. Pickens, cost of its proposed facilities at $2,403,- ing Co. 000, which will be financed initially G-19019; Cuellar, Henne-Winch-Farris et al., Docket No. G-18821; Richard Field, Jim Hogg, Webb, and Zapata Counties, King, Inc., et al, Docket No. G-18828; through temporary bank loans. Perma­ Tex.; South Texas Natural Gas Gathering Co. Engeo Oil & Gas Company, Docket No. nent financing will be arranged later as G-19034; A & H Field, Duval County, Tex.; G-18865; Roy H. Bettis and G. Frederick a part of an overall financing program. Coastal States Gas Producing Co. and South­ Shepherd, Docket No. G-18875 ; Tex-Star The respective Applicants produce or ern Coast Corp. Oil & Gas Corporation, Operator, et al., purchase and propose to sell natural gas G-19128; Whitted Field, Hidalgo County, Docket No. G-18904; South Texas Nat­ for transportation in interstate com­ Tex.; South Texas Natural G^s Gathering Co. merce for resale as indicated below: G-19146; Bob Cooper Field, Brooks County, ural Gas Gathering Company, Docket Tex.; South Texas Natural Gas Gathering Co. No. G-18907; Transcontinental Gas Pipe Docket No., Field and Location, Purchaser 0-19175; Kelsey Field, Brooks County, Line Corporation, Docket No. G-18920; G-18078; North Fitzsimmons Field, Duval Tex.; South Texas Natural Gas Gathering Co. George H. Coates, Operator, et al., County, Tex.; Coastal States Gas Producing G-19185; Johns Field, Duval County, Tex.; Docket No: G-18938 ; John W. Pace, Op­ Co., and Southern Coast Corp. Coastal States Gas Producing Co. and South­ erator, et al., Docket No. G-18982 ; G-18223; Shepherd Field, Hidalgo County, ern Coast Corp. G-19290; Kelsey Field, Brooks County, Tex.;. Coastal States Gas Producing Company, Tex.; South Texas Natural Gas Gathering Co. South Texas Natural Gas Gathering Co. Operator, and Southern Coast Corpora­ G-18548; Jay Simmons Field, Starr County, Tex.; South Texas Natural Gas Gathering Co. G-19295; Martinez Field, Jim Hogg, Webb, tion, Docket No. G-19016; Seas Oil Cor­ and Zapata Counties, Tex.; South Texas poration, et al., Docket No. G-19019; G-18600; La Copita Field, Starr County, Tex.; South Texas Natural Gas Gathering Co. Natural Gas Gathering Co. L. B. Horn, Operator, et al., Docket No. G-18601; Johns Field, Duval County, Tex.; G-19034; Delhi-Taylor Oil Corporation These related matters should be heard Coastal States Gas Producing Co. and South­ on a consplidated record and disposed of and Mayfair Minerals, Inc., Docket No. ern Coast Corp. G-19128; Carrl Oil and Hawn Bros., G-18602; Johns Field, Duval County, Tex.; as promptly as possible under the Docket No. G-19146; H. L. Brown, Docket Coastal States Gas Producing Co. and South­ applicable rules and regulations and to No. G-19175; G. L. Rowsey, et al., Docket ern Coast Corp. that end: No. G-19185; Brooks Gathering Com­ G-18603; Johns Field, Duval County, Tex.j Take further notice that, pursuant to Coastal States Gas Producing Co. and South­ the authority contained in and subject to pany, Docket No. G-19290; Santex Oil ern Coast Corp. Company, Operator, et al., Docket No. the jurisdiction conferred upon the G-18607; Piedre Lumbre Field, Duval Federal Power Commission by sections 7 G-19295. v County, Tex,; Coastal States Gas Producing and 15 of the Natural Gas Act, and the Take notice that each of the above Co. and Southern Coast Corp. Applicants have filed an application for G-18608; Whitted Field, Hidalgo County, Commission’s rules of practice and a certificate of public convenience and Tex.; South Texas Natural Gas Gathering Co. procedure, a hearing will be held on January 19, 1960 at 9:30 a.m., e.s.t., in necessity, pursuant to section 7 of the G-18611; El Benadito Field, Starr County, Natural Gas Act, authorizing the con­ Tex.; South Texas Natural Gas Gathering Co. a Hearing Room of the Federal Power G-18612; Johns Field, Duval County, Tex.; Commission, 441 G Street NW., Wash­ struction and operation of facilities to Coastal States Gas Producing Co. and South­ ington, D.C., concerning the matters in­ receive and transport natural gas and for ern Coast Corp. volved in and the issues presented by the sale of natural gas in interstate com­ G-18622; Monte Christo Field, Hidalgo such applications: Provided, however, merce, as hereinafter described, subject County, Tex.; South Texas Natural Gas -Gathering Co. That the Commission may, after a non- to the jurisdiction of the Commission, G-18628; Cano Field, Hidalgo County, Tex.; contested hearing, dispose of the pro­ all as more fully represented by the re­ South Texas Natural Gas Gathering Co. ceedings pursuant to the provisions of spective applications and amendments G—18638; Glen Martin Field, Webb County, § 1.30(c) (1) or (2) of the Commission’s thereto, which are on file with the Com­ Tex.; South Texas Natural Gas Gathering rules of practice and procedure. Under mission and open to public inspection. . Co. the procedure herein provided for. unless 9520 NOTICES

otherwise advised, it will be unnecessary States and Canada, from the Interna­ to section 6(c) of the Investment Com­ for Applicants to appear or be repre­ tional Passamaquoddy Engineering and pany Act of 194Q (“Act” ) for an order sented at the hearing. Fisheries Boards may be examined: of the Commission exempting from the Protests or petitions to intervene may Augusta, Maine; Maine Department of In­ provisions of section 22(d) of the Act be filed with the Federal Power Com­ dustry and Commerce; Maine Department the proposed issuance of its shares for mission, Washington 25, DC., in ac­ of Inland Fisheries and Game; Maine substantially all of the cash and securi­ cordance with the rules of practice and Department of Sea and Shore Fisheries; ties of the Uncasville Manufacturing procedure (18 CFR 1.8 or 1.10) on or Maine State Library, State House. Company (“Uncasville”) . before December 14, 1959. Failure of Bangor, Maine: Bangor Public Library; U.S. Shares of Fundamental, a Delaware Army Corps of Engineers Area Office, Dow any party to appear at and participate corporation, are offered to the public on in the hearing shall be construed as Field. Brunswick, Maine: Bowdoin College Library. a continuous basis at net asset value waiver of and concurrence in omission Calais, Maine: Calais Free Public Library plus varying sales charges dependent on herein of the intermediate decision pro­ and Reading Room; City Manager. the amount purchased. As of Septem- cedure in cases where a request therefor Caribou, Maine: Caribou Public Library, 14 bier 2, 1959, the net assets of Funda­ is made. High Street. mental amounted to $584,506,436 and J oseph H. G utride, Castine, Maine: Maine Maritime Academy 29,594,912 shares of its stock were . Secretary. Library. outstanding. . Eastport, Maine: City Manager; Peavey [F.R. Doc. 59-9987; Filed, Nov. 25, 1959; Memorial Library; Washington County Uncasville, a Connecticut corporation, 8:45 a.m.] Chamber of Commerce, Quoddy Village. is a personal holding company with Fort Kent, Maine: Fort Kent Chamber of twelve stockholders which engages in the Commerce; Fort Kent Public Library. business of investing and reinvesting its Gloucester, Mass.: U.S. Fish and Wildlife funds. Uncasville is exempt from reg­ INTERNATIONAL JOINT Service Regional Office. istration under the Act by reason of the Houlton, Maine: Cary Free Public Library, provisions of section 3 (c)(1 ) thereof. COMMISSION Main Street; Houlton Chamber of Com­ merce. Pursuant to an agreement between rep­ PASSAMAQUODDY TIDAL POWER Lewiston, Maine: Bates College Library: resentation of Fundamental and Uncas­ SURVEY Lubec, Maine: Lubec Memorial Library; ville, substantially all of the cash and Town Manager. securities owned by Uncasville, with a Reports Available for Examination New York, N.Y.: Regional Engineer, Federal total value of $1,990,346 as of September Power Commission, 139 Ceritre Street; U.S. 2, 1959, will be transferred to Funda­ On August 2, 1956, the Governments Army Corps of Engineers Division Office, mental in exchange for shares of stock of Canada and the United States re­ 1216 Federal Office Building, 90 Church of Fundamental. The shares acquired quested the International Joint Commis­ Street. Orono, Maine: University of Maine Library. by Uncasville are to he distributed im­ sion, United States and Canada, to Portland, Maine: U.S. Army Corps o f Engi­ mediately to its shareholders, who have determine the estimated cost and eco­ neers Area Office, Baxter Block; Portland agreed to take such shares for invest­ nomic feasibility of developing the Public Library; University of Maine in ment. The number of shares of Funda­ international tidal power potential of Portland, 23 Brighton Avenue. mental to be delivered to Uncasville will Passamaquoddy Bay in the State of Providence, R.I.: U.S. Army Corps of Engi­ be determined by dividing. the net asset Maine and the Province of New Bruns­ neers Area Office, 187 Westminster Street. value per share of Fundamental in effect Waltham, Mass.: U.S. Army Corps of Engi­ wick and the effects which such a" at the close, of business on the. day pre­ project would have on the economies of neers Division Office, 424 Trapelo Road. Washington, D.C.: International Joint Com­ ceding the closing date into the value both countries and on the fisheries in mission, United States and Canada, United of the Uncasville assets to be exchanged. the area. States Section, Room 786, Federal Trade The value of the assets of Uncasville The comprehensive technical investi­ Building; Bureau of Commercial Fisheries, will be determined in substantially the gations and studies necessary for the . United States Fish and W ildlife Service, same manner as used for calculating net preparation of this report have now been Department of the Interior, lath and C asset value for the purpose of issuance completed, and the final reports of the Streets NW.; Bureau of Power, Federal of Fundamental’s shares, except that International Passamaquoddy Fisheries Power Commission, 441 G Street NW.; Office of the Chief of Engineers, Depart­ from the value of Uncasville’s assets Board and the International Passama­ ment of the Army, Building T-7, Arlington there may be deducted an adjustment quoddy Engineering Board, which the Va. designed to protect Fundamental’s Commission established for this purpose, Waterville, Maine: Colby College Library. shareholders from possible adverse tax were formally presented to the Commis­ consequences of the exchange. Since H ar r y J. D o no h u e , sion during the course of. its semi-annual the exchange will be tax free for Uncas­ Secretary, United States Sec- meeting from 6 through 9 October in ville and its shareholders, Fundamental’s Ottawa. v tion, International Joint Commission. cost basis for tax purposes on the assets The Commission took the reports of acquired from Uncasville will be the same the Boards under advisement and de­ N ovember 19, 1959. as for Uncasville, rather than the price cided to make copies available for actually paid by Fundamental for the examination by interested parties at [F.R. Doc. 59-9996; Filed, Nov. 25, 1959; 8:46 à.m.] assets. In view of this, if the percentage convenient places in both countries, in of the value of Uncasville’s assets rep­ order that the Commission may obtain resenting unrealized appreciation is the views of all concerned prior to greater than the percentage of value of formulation of the Commission’s re­ Fundamental’s portfolio securities repre­ port and recommendations to the two senting unrealized appreciation, there Governments. will be deducted from the value of Un­ Accordingly, copies of the reports o f casville’s assets 12 % percent of the the International Passamaquoddy Fish­ [File No. 812-1254] amount of such excess unrealized appre­ eries Board and the International ciation. This adjustment is intended to Passamaquoddy Engineering Board have FUNDAMENTAL INVESTORS, INC. safeguard the present shareholders of been made available for examination by Application for Exemption in Sale by Fundamental from bearing a greater interested persons at the locations indi­ gains tax on any subsequent sale by cated below. Comments may be ad­ Open-End Company of Its Shares at Fundamental of the Uncasville securi­ dressed to Mr. Harry J. Donohue, Other Than Public Offering Price ties than they would bear on the sale of Secretary, United States Section, Inter­ In Exchange for Assets of Non- the securities presently in its portfolio. national Joint Commission, Room 786, Affiliated Company The application states that since the Federal Trade Building, Seventh and average capital gains tax rate that would Pennsylvania Avenue NW., Washington N ovember 18,1959. have to be paid by Fundamental’s share­ 25, D.C., and should be submitted before Notice is hereby given that Funda­ holders cannot be exactly calculated, the December 31, 1959. mental Investors, Inc. ( “Fundamental” ) , figure of 12% percent used for the ad­ Locations where Reports to the a registered open-end investment com­ justment was arrived at as a fair com­ International Joint Commission, United . pany, has filed an application pursuant promise between 0 and the maximum Thursday, November 26, 1959 FEDERAL REGISTER 9521 Russell Springs Manufacturing Corp., Rus­ long-term capital gains tax of 25 percent. sell Springs, Ky.; effective 11-9-59 to 11-8-60 As of September 2, 1959 the net un­ DEPARTMENT OF LABOR (men’s sport shirts). realized appreciation on securities owned Salant & Salant, Inc., First Street, Lexing­ by Uncasville was $1,171,352, or 59 per­ Wage and Hour Division ton, Tenn.; effective 11-9-59 to 11-8-60 (boys’ cent of their value, as compared with net LEARNER EMPLOYMENT cotton sport shirts). unrealized appreciation of $247,216,267 Salant & Salant, Inc., Pine Street, Lexing­ or 42.4 percent of Fundamental’s port­ CERTIFICATES ton, Tenn.; effective 11—6—59 to 11-5-60 folio securities. Assuming the exchange (men’s and boys’ cotton work shirts). Issuance to Various Industries Salant & Salant, Inc., Obion, Tenn.; ef­ had occurred on September 2, 1959, the fective 11-9-59 to 11-8-60 (boys’ cotton sport adjustment made would have resulted Notice is hereby given that pursuant shirts). in a deduction of approximately $41,105 to section 14 of the Fair Labor Standards Salant & Salant, Inc., Washington Street, from the value of Uncasville’s assets; Act of 1938 (52 Stat. 1060, as amended, Paris, Tenn.; effective 11-9—59 to 11-8-60 Uncasville would have received 98,695 29 U.S.C. 201 et seq.), the regulations (men’s and boys’ cotton sport and work shares of stock of Fundamental, repre­ on employment of learners (29 CFR Part shirts). senting about 0.3 percent of the total Salant & Salant, Inc., Tennessee Avenue, 522), and Administrative Order No. 485 Parsons, Tenn.; effective 11-8-59 to 11-7-60 shares outstanding. (23 F.R. 200), the firms listed in this (men’s and boys’ cotton work pants). The application recites that the terms notice have been issued special certifi­ Salant & Salant, Inc., Troy, Tenn.; effective of the agreement were arrived at through cates authorizing the employment of 1 1 _7_59 to 11-6-60 (boys’ cotton sport arm’s-length negotiations between rep­ learners at hourly wage rates lower than shirts). resentatives of Fundamental and Uncas­ the minimum wage rates otherwise ap­ Sancar Corp., 28 West Rock Street, Harri­ ville. The application further states plicable under section 6 of the Act. The sonburg, Va.; effective 11—8—59 to 11—7—60 that there is no affiliation or relation­ (ladies’ woven and knit underwear). effective and expiration dates, occupa­ Savada Brothers, Inc., Glen Rock, Pa.; ef­ ship of any kind between Fundamental tions, wage rates, number of proportion and Uncasville, or between the officers fective 11-8-59 to 11-7-60 (boys’ pajamas and of learners, learning periods, and the shirts). and directors of Fundamental and the principal product manufactured by the Levi Strauss and Co., 1808 Cherry Street, officers, directors and stockholders of employer for certificates issued under Knoxville, Tenn.; effective 11—9—59 to 11—8—60 Uncasville. general learner regulations (§§ 522.1 to (men’s and children’s denim waist overalls Section 22(d) of the Act provides, in 522.11) are as indicated below. Condi­ and casual slacks). pertinent part, that no registered in­ Waldon Manufacturing Co., Walnut, Miss.; tions provided in certificates issued under effective 11-9-59 to 11-8-60 (m en’s drizzler vestment company shall sell any re­ special industry regulations are as estab­ deemable security issued by it to any jackets and bermuda shorts). lished in these regulations. Wentworth Manufacturing Co., Blanding person except at a current offering price Apparel Industry Learner Regulations Street, Lake City, S.C.; effective 11-9-59 to described in the prospectus, with certain (29 CFR 522.1 to 522.11, as amended, and 11-8-60 (women’s cotton house dresses). exceptions not applicable here. Under 29 CFR 522.20 to 522.24, as amended). the terms of the Agreement, however, The following learner certificates were The following learner certificates were issued for normal labor turnover pur­ the shares of Fundamental are to be is­ issued authorizing the employment of ten sued to Uncasville at a price other than poses. The effective and expiration dates percent of the total number of factory and the number of learners authorized the public offering price stated in the production workers for normal labor are indicated. prospectus, which lists a sales charge of turnover purposes. The effective and 2 percent for sales of $500,000 or over. expiration dates are indicated. Delta Shirt Manufacturing Co., Inc., Section 6(c) of the Act authorizes the Deming, N. Mex.; effective 11-9-59 to 11-8-60; Commission by order upon application to Baumel Dress Co., Grant Street and Willow five learners (boys’ sport shirts). exempt, conditionally or unconditionally, Avenue, Olyphant, Pa.; effective 11-3-59 to Era’s, Inc., 21 West Center Avenue, Moores- 11-3-60 (ladies’ and children’s dresses). any transaction from any provision of ville, N.C.; effective 11-9-59 to 11-8-60; 10 Blue Bell, Inc., Tupelo, Miss.; effective learners (ladies’ robes and dusters). the Act or of any rule or regulation 11-8-59 to 11-7-60 (men’s western and w ort Manchester Pants Co., Manchester, Md.; ef­ thereunder, if and to the extent that the shirts, boys’ boxer longies). fective 11-7-59 to 11-6-60; 10 learners (m en’s Commission finds that such exemption is Burnley Shirt Corp., 502 22d Avenue, South, ' trousers). necessary or appropriate in the public Meridian, Miss.; effective 11-3—59 to 11—2—60 Selro Manufacturing Co., Denton, Md.; interest and consistent with the protec­ (men’s dress and sport shirts). effective 11-19-59 to 11-18-60; 10 learners tion of investors and the purposes fairly Corinth Brassiere Co., Inc., 815 Cruise (women’s , capri, pedal pushers, intended by the policy and provisions of Street, Plant No. 1, Corinth, Miss.; effective shorts, etc.). 11-5-59 to 11—4—60 (brassieres). the Act. Dixie Manufacturing Co., Plant No. 2, The following learner certificates were Notice is hereby given that any in­ Barley Street, Columbia, Tenn.; effective issued for plant expansion purposes. terested person may, not later than De­ 11-12-59 to 11-11-60. Learners may not be The effective and expiration dates and cember 1, 1959, at 5:30 p.m., submit to employed in the production of ladies’ skirts the* number of learners authorized are the Commission in writing a request for (m en’s and boys’ dungarees). indicated. a hearing on the matter accompanied by Ely & Walker, A Division of Burlington Blue Bell, Inc., Coalgate, Okla.; effective a statement as to the nature of his in­ Industries, Canton, Miss.; effective 11-20-59 to 11-19-60 (men’s sport shirts). 11-14-59 to 5-13-60; 20 learners (m en’s and terest, the reason for such request and Warren Featherbone Co,, 1225 South Chest­ boys’ work pants and dungarees). the issues, if any, of fact or law proposed nut Street, Gainesvile, Ga.; effective 11-7-59 Corinth Brassiere Co., Inc., 815 Cruise to be controverted, or he may request to 11-6-60 (infants’ wear, rainwear, etc.). Street, Plant No. 1, Corinth, Miss.; effective that he be notified if the Commission Four’s Co., Inc., East Brown Street, Blairs- 1 1 _5_59 to 5-4-60; 30 learners (brassieres). should order a hearing thereon. Any ville, Pa.; effective 11-14-59 to 11—13-60 (chil­ Corinth Brassiere Co., Inc., 914 Cruise •such communication should be ad­ dren’s dresses). Street, Plant No. 2, Corinth, Miss.; effective dressed: Secretary, Securities and Ex­ Gordon and Ferguson, Inc., 230 East Fifth 11-5-59 to 5-4-60; 100 learners (brassieres). Hampton Knitting Mills, Inc., 1776 Main change Commission, Washington 25, D.C. Street, St. Paul, Minn.; effective 11-6-59 to 11-5-60 (sportswear made of fabric, leather, Street (rear), Northampton, Pa.; effective At any time after said date, as provided sheepskin, etc., for men, women and boys). 1 1 _5_59 to 5-4-60; 10 learners (boys’ and by Rule 0-5 of the rules and regulations Hartsville Garment Corp., 226 Broadway, men’s polo shirts). promulgated under the Act, an order dis­ Hartsville, Tenn.; effective 11—9—59 to 11-8-60 Levi Strauss and Co., Blue Ridge; Ga.; posing of the application herein may be (men’s sport shirts). effective 11-16-59 to 5-15-60; 100 learners issued by the Commission upon the basis Hartsville Manufacturing Co., Hartsville, (m en’s and boys’ wash and wear trousers). of the showing contained in said appli­ S.C.; effective 11-17-59 to 11-16-60 (ladies' Twin Cities Manufacturing Co., Inc.jJVhite cation, unless an order for hearing upon cotton wash dresses). Hall, 111.; effective 11-9-59 to 5-8-60; 30 said application shall be issued upon re­ Hathaway Shirt Co., Waterville, Maine; ef­ learners (women’s dresses and sportswear). quest or upon the Commission’s own fective 11-6-59 to 11-5-60 (men’s dress and Jack Winter, Warren, Ark.; effective motion. sport shirts, women’s shirts). 11-4-59 to 5-3-601 50 learners (ladies’ shirts Hickman Garment Corp., Hickman, Ky.; and slacks). By the Commission. effective 11-12-59 to 11-11-60 (men’s, boys’, Knitted Wear Industry Learner Regu­ [ seal] N e l l y e A. T horsen, kiddies’, and ladies* jackets). Assistant Secretary. Maiden Form Brassiere Co., Inc., 2311 Ad­ lations (29 CFR 522.1 to 522.11, as amended, and 29 CFR 522.30 to 522.35, [F.R. Doc." 59-10001; Filed, Nov. 25, 1959; ams Avenue, Huntington, W. Va.; effective 8:47 a.m.] 11-12-59 to 11-11-60 (brassieres) . as amended). 9522 NOTICES

Carolina Underwear Co., Inc., Forsyth petitioners must be specified in their Division, Thomasville, N.C.; effective 11-7-59 Transportation Company, Boise, Idaho, to 11-6-60; five learners for normal labor petitions with particularity. authorizing the transportation, over reg­ turnover purposes (children’s and ladies' No. MC-FC 62532. By order of No­ ular and irregular routes, of lumber and panties). vember 18, 1959, the Transfer Board ap­ building materials, other than cement, Mildred Friedman,' Inc., 33 River Street, proved the transfer to Elmer D. Carlson, from Portland, Oreg., to Idaho points, Carbondale, Pa.; effective 11-2-59 to 11-1-60; 616 Main Street, Great Bend, Pa., of serving the intermediate and off-route five learners for normal labor turn­ Certificate in No. MC 115251 Sub 1, is­ points of La Grande, Hood River, and over purposes (ladies’ lingerie— tricot slips, sued Octoher 24, 1956, to Benjamin A. petticoats). Pondosa, Oreg., those within 25 miles of Cobb, Main Street, New Milford, Pa., Quitman Knitting Mills,, Inc., Quitman, Hood River and Pondosa, and those in Miss.; effective 11-9-59 to 5-8-60; 95 learners authorizing the transportation of: Flag­ Oregon within 25 miles of Portland, for plant expansion purposes (children’s stone from points in Susquehanna Coun­ restricted to pick-up; and, irregular knitted sleepwear and underwear). ty, Pa., and Broome and Delaware Coun­ routes, cement, in bulk, during the Rocky Mount Undergarment Co., Inc., 1536 ties, N.Y., to White Plains and Yonkers, season extending from March 1 to Boone Street, Rocky Mount, N.C.; effective N.Y., and points on Long Island, N.Y. October 31, both inclusive, of each year, 11-16-59 to 5-15-60; 60 learners for plant No. MC-FC 62574. By order of No­ from Mountain Home, Idaho, and points expansion purposes (lingerie— panties). vember 18, 1959, the Transfer Board ap­ Superior Mills, Division of The B.V.D. Co., within five miles thereof, to Mountain Inc., Carrboro, N.C.; effective 11-4-59 to proved the transfer to Joseph G. Kortan Home Air Force Base, and points within 5—3—60; 15 learners for plant expansion pur­ doing business as Kortan’s Garage, Ta­ ten miles thereof. Randall Wallis, P.O. poses (knitted cotton cloth for underwear), bor, S. Dak., of Certificate No. MC 14053 Box 1253, Boise, Idaho, for applicants. Superior Mills, Division of The B.V.D. Co., issued August 21, 1959, in the name of No. MC—FC 62622. By order of No­ Inc., Carrboro, N.C.; effective 11-4^59 to Rosie M. Kortan doing business as Kor­ vember 19, 1959, the Transfer Board ap­ 11-3-60; five learners for normal labor turn­ tan’s Garage, Tabor, S. Dak., authoriz­ proved the transfer to John A. Rivers over purposes (knitted cotton cloth for ing the transportation over irregular underwear). Service, Inc., doing business as Park routes of livestock, farm machinery, Road Moving and Transfer Co., 1036 Each learner certificate has been is­ twine, feed, and seeds, between Tabor, Park Road NW., Washington, District sued upon the representations of the S. Dak., and points in South Dakota of Columbia, of a Certificate in No. MC employer which, among other things, w ith in '10 miles of Tabor, on the one 111873, issued July 17, 1950, to Shelton were that employment of learners at hand, and, on the other, Sioux City, Bros. Trucking Co., Inc., 1240 W Street subminimum rates is necessary in order Iowa. Ray E. Post, Tindall, S. Dak., for NE., Washington, District of Columbia, to prevent curtailment of opportunities applicants. authorizing the transportation of pianos, for employment, and that experienced No. MC-FC 62584. By order of No­ piano benches, laundry machines, re­ workers for the learner occupations are vember 18, 1959, the Transfer Board ap­ frigerators, gas and electric ranges, not available. The certificates may be proved the transfer to Able Contracting radios, and musical instruments, between annulled or withdrawn, as indicated Co., Inc., 2025 West Grand Avenue, Chi­ Washington, D.C., on the one hand, and, therein, in the manner provided in Part cago 12, I1L, of the operating rights in on the other, points in Maryland and Vir­ 528 of Title 29 of the Code of Federal Certificate No. MC 23048, issued by the ginia within 50 miles of Washington, and Regulations. Any person aggrieved by Commission January 31,1950, to Thomas ice-making or refrigerating machinery the issuance of any of these certificates C. Ryan, Florence Ryan, Administratrix, and incidental equipment, between may seek a review or reconsideration doing business as Able Transfer Com­ Washington, D.C., on the one hand, and, thereof within fifteen days after publi­ pany, 2025 West Grand Avenue, Chicago, on the other, points in Maryland and cation of this notice in the F ederal R eg­ 111., authorizing the transportation, over Virginia within 50 miles of Washington. iste r pursuant to the provisions of 29 irregular routes, of heavy machinery, No. MC-FC 62632. By order of No­ CFR 522.9. . between points in the Chicago, 111., Com­ vember 18, 1959, the Transfer Board ap­ mercial Zone, and between points in the proved the Transfer to The Ellis Motor Signed at Washington, D.C., this 12th above-specified Illinois territory, on the Lines, Inc., Torrington, Conn., of Cer­ day of November 1959. one hand, and, points in Lake, Porter, tificate Nos. MC 34970, MC 34970 Sub 2, R obert G. G ronew ald , and La Porte Counties, Ind., on the MC 34970 Sub 3, and 34970 Sub 5, issued Authorized Representative other. April 10, 1957, June 23, 1959, July 30, of the Administrator. No. MC-FC 62597. By order of No­ 1957, and August 27,1959, respectively, to vember 19,1959, the Transfer Board ap­ Daniel Clapps and Anthony Clapps, [F.R. Doc. 59-9999; Filed, Nov. 25, 1959; proved the transfer to Ed. M. Brenton, doing business as The Ellis Motor Lines, 8:46 a.m.J Eureka, Kans., of Certificate in No. MC Torrington, Conn., authorizing the 98148 Sub 1, issued March 21, 1956, to transportation o f: General commodities, Frank Bailey, doing business as Frank excluding household goods, commodities INTERSTATE COMMERCE Bailey Oil Field Trucking, Jay, Okla., in bulk, and other specified commodities, authorizing the transportation of: Ma­ between Torrington, Conn., and Hart­ COMMISSION chinery, equipment, materials and sup­ ford, Conn., between Torrington, Conn., plies used in, or in connection with, the and Waterbury, Conn., and between Staf­ [Notice 226] discovery, development, production, re­ ford Springs, Conn., and New York, N Y ., MOTOR CARRIER TRANSFER fining, manufacture, processing, stor­ with service to designated intermediate age, transmission, and distribution of PROCEEDINGS and off-route points; between West natural gas and petroleum and their Stafford, Conn., and Somers, Conn., and N ovember 21, 1959. products and by-products; and ma­ between Torrington, Conn., and New Synopses of orders entered pursuant chinery, equipment, materials and sup­ York, N.Y:, serving no intermediate to section 212(b) of the Interstate Com­ plies used in, or in connection with, the points; and between points in Orange, merce Act, and rules and regulations pre­ construction, operation, repair, servic­ Rockland, Sullivan, and Westchester scribed thereunder (49 CFR Part 179), ing, maintenance, and dismantling of Counties, N.Y., on the one hand, and, appear below: pipe lines, including the stringing and on the other, New York, N.Y., and points As provided in the Commission’s picking-up thereof, between points in in Bergen, Essex, Hudson, and Passaic special rules of practice any interested Kansas and Oklahoma. Erie W. Francis, Counties, N.J., and between New York, person may file a petition seeking recon­ Attorney, 214 West Sixth Street, Topeka, N.Y., on the one hand, and, on the other, sideration of the following numbered Kans., for applicants. points in Bergen and Passaic Counties, proceedings within 20 days from the date No. MC-FC 62608. By order of No­ N.J.; shoddy, wool, wool noils, soap, and of publication of this notice. Pursuant vember 18, 1959, the Transfer Board yarn, from Philadelphia, Pa., and Cam­ approved the transfer to Thompson to section 17(8) of the Interstate Com­ den, N.J., to Stafford Springs, Somers- Transportation, Inc., Boise, Idaho, of merce Act, the filing of such a petition ville, Talcottville, Buckland, and South Permit No. M C 101741 issued July 25, will postpone the effective date of the Glastonbury, Conn.; wool, and wool 1958, in the name of Leo E. Thompson shoddy, from Philadelphia, Pa., and order in that proceeding pending its and Harold J. Thompson, a partnership, Camden, N.J., to Pittsfield, Mass.; wool, disposition. The matters relied upon by doing business as Thompson & Sons and wool noils, from Providence, R.I., 9523 Thursday, November 26, 1959 FEDERAL REGISTER

Philadelphia, Pa., and Camden, N.J., to FOURTH SECTION APPLICATIONS FOURTH SECTION APPLICATIONS Stottville, N.Y.; woolen cloth, from FOR RELIEF FOR RELIEF Wales, Mass., and Westerly, R.I., to New N ovember 20,1959. N ovember 23, 1959. York, N.Y.; wool, and rayon noils, from Philadelphia, Pa., and Camden, N.J., to Protests to the granting of an ap­ Protests to the granting of an appli­ Westerly, R.I.; shoddy, dyes, yarn, and plication must be prepared in accordance cation must be prepared in accordance empty bobbins, between Stafford Springs, with Rule 40 of the general rules of with Rule 40 of the general rules of prac­ Conn., and Westerly, R.I.; and household practice (49 CFR 1.40) and filed within tice (49. CFR 1.40) and filed within 15 goods, between Torrington, Conn., on the 15 days from the date of publication of days from the date of publication of this one hand, and, on the other, points in this notice in the F ederal R egister. notice in the F ederal R egister. New York. John L. Collins, 50 State L ong- and-S h ort H au l L ong- and-S h ort H au l Street, Hartford 3, Conn., for applicants. No. MC-FC 62639. By order of No­ PSA No. 35841: Kyanite—Clover, S. C., FSA No. 35845: Wheat and flour to vember 18, 1959, the Transfer Board to Bloomfield, Conn. Filed by O. W. Beaumont and Orange, $ Tex. Filed by approved the transfer to Contract Car­ South, Jr., Agent (SFA No. A3870), for Texas-Louisiana Freight Bureau, Agent riers, Inc., Albuquerque, N. Mex., of interested rail carriers. . Rates on kya­ (No. 370), for interested rail carriers. Permit No. MC 113463, issued April 2, nite, carloads, from Clover, S.C., to Rates on wheat, and flour manufactured 1959, to W. I. Davis and R. L. Richardson, Bloomfield, Conn. directly from wheat, carloads from speci­ doing business as Contract Carrier Co., Grounds for relief: Commercial com­ fied points in Texas to Beaumont and Albuquerque, N. Mex., authorizing the petition to additional destination in same Orange, Tex., for export. transportation of: Malt beverages from territory. Grounds for relief: Port competition Golden, Colo., to Farmington, Gallup, Tariff: Supplement 63 to Southern with Port Arthur, Tex., and other Texas Albuquerque, Roswell, *Tias Vegas, Santa Freight Association, Agent, tariff I.C.C. Gulf Ports. Fe, Las Cruces, and Tucumcari, N. Mex., 1624. Tariff: Supplement 29 to Texas-Loui­ and empty malt beverage containers, FSA No. 35842; Cement and related siana Freight Bureau, Agent, tariff I.C.C. from the destination points named, to articles from Dundee, Mich., to Central 899. Golden, Colo. John P. Dwyer, First Na­ and Illinois territories. Filed by Traffic FSA No. 35846: Lumber—Southeastern tional Bank Building, Albuquerque, Executive Association-Eastern Railroads, points to points in Arkansas and Mis­ N. Mex., for applicants. Agent (CTR No. 2422), for interested rail souri. Filed by O. W. South, Jr., Agent No. MC-FC 62665. By order of No­ carriers. Rates on cement, cement clink­ (SFA No. A3869), for interested rail car­ vember 19, 1959, the Transfer Board ap­ er, and dry building mortar, as described riers. Rates on lumber and articles tak­ proved the transfer to Ross Truck Lines, in the application, carloads, from Dun­ ing same rates, carloads from specified Inc., Denison, Tex., of the operating dee, Mich., to specified points in Illinois, points in Alabama, Florida, Louisiana, rights in Permits Nos. MC 87088 Sub 1 Indiana, Iowa, Kentucky, Michigan, and Mississippi to destinations in Arkan­ and MC 87088 Sub 4, issued by the Com­ Missouri, New York, Ohio, Pennsylvania, sas and Missouri. mission August 16, 1951, and June 16, West Virginia, and Wisconsin. Grounds for relief: Grouping. 1959, respectively, to Abe Ross, doing Grounds for relief: Short-line distance Tariffs: Supplement 116 to Southern business as Abe Ross Truck Line, Deni­ formula, grouping, and market competi­ Freight Association, Agent, tariff I.C.C. son, Tex., authorizing the transportation, tion. 1269. Supplement 5 to Southern Freight over irregular routes, of prepared food Tariff: Supplement 19 to Traffic Ex­ Association, Agent, tariff I.C.C. S-55. products, materials, equipment,and sup­ ecutive Association-Eastern Railroads, FSA No. 35847: Alcohols and ace­ plies used in, or in connection with, the Agent, tariff I.C.C. C-56. tates— New Orleans, La., to Illinois preparation, packing and sale thereof, FSA No. 35843: Iron and steel articles points. Filed by O. W. South, Jr., Agent over irregular routes, between Garland, to Mossville, La. Filed by Southwestern (No. A3867), for interested rail carriers^ Tex., on the one. hand, and on the other, Freight Bureau, Agent (No. B-7688) ,'for Rates on butyl alcohol,, butyl and ethyl five specified .towns in Arkansas, six in interested rail carriers. Rates on iron acetate, and acetone, tankcar loads from Kansas, and 10 in Oklahoma, and be­ and steel articles, carloads from specified New Orleans, La., to Chicago and tween 10 specified Oklahoma cities on points in Alabama, Colorado, Illinois, Lemont, 111. the one hand, and, on the other, 8 speci­ Minnesota, Missouri, Oklahoma, and Grounds for relief: Commercial com­ fied towns in Kansas. Reagan Sayers, Wisconsin to Mossville, La. petition with related alcohols. 304 Century Life Building, Fort Worth 2, Grounds for relief: Commercial com­ Tariff: Supplement 223 to Southern Tex., for applicants. petition with Lake Charles, La. Freight Association, Agent, tariff I.C.C. No. MC-FC 62712. By order of Nq- Tariff: Supplement 75 to Southwestern 400 (Marque series). vember 18, 1959, the Transfer Board ap­ Freight Bureau, Agent, tariff I.C.C. 4308. FSA No., 35848: Roofing and building proved the transfer to Crutcher Transfer FSA No. 35844: Hay-Kansas and Okla­ materials between Illinois and southern Line, Inc., Louisville, Ky., of the oper­ homa points to points in the southwest territories. Filed by O. W. South, Jr., ating rights in Certificate No. MC 38227, and south. Filed by Southwestern Agent (SFA No. A3868), for interested issued by the Commission November 12, Freight Bureau, Agent (No. B-7687), for rail carriers. Rates on roofing and 1940, to W. E. Crutcher, doing business interested rail carriers. Rates on hay, building materials and related articles, as Crutcher Transfer Line,. Louisville, carloads from specified points in Kansas carloads betwen points in Illinois terri­ and Oklahoma to specified points in Ar­ tory, on the one hand, and points in Ky., authorizing the transportation, over kansas, Louisiana, Missouri, New Mexico, a regular route, of general commodities, southern territory, on the other. Mississippi, Oklahoma, Tennessee, and Grounds for relief: Short-line distance excluding household goods, commodities Texas. formula, grouping, operation through in bulk, and other specified commodi­ Grounds for relief: Shoreline distance higher-rated intermediate territories and ties, between Fort Knox, Ky., and Louis­ formula and grouping. relief line arbitraries. ville, Ky. Stanley B. Mayer, 1205 Ken­ Tariffs: Supplement 24 to Southwest­ T a riff: Supplement 34 to Illinois tucky Home Life Building, Louisville 2, ern Freight Bureau, Agent, tariff I.C.C. Freight Association, Agent, tariff I.C.C. Ky., for applicants. 4169, and three other schedules. 919. [ seal] H arold D. M cC o y , By the Commission. By the Commission. Secretary. [ seal] H arold D. M cC o y , [ seal] H arold D. M cC o y , [F.R. Doc. 59-9998; Filed, Nov. 23, 1959; Secretary. Secretary. 8:46 a.m.] [F.R. Doc. 59-9958; Filed, Nov. 24, 1959; [F.R. Doc. 59-9997; Filed, Nov. 25, 1959; 8:47 a.m.] 8:46 a.m.] 9524 FEDERAL REGISTER

CUMULATIVE CODIFlCATrON GUIDE-— NOVEMBER Â numerical list of parts of the Code of Federal Regulations affected by documents published to date during November. Proposed rules, as opposed; to fìngi actions, are identified as such. 3 CFR page 7 CFR—Continued Page 14 CFR1—Continued Page Proclamations : 958 ______9048 2112______:______9389 959 ______9362 3324 _ 8961 963______9Q47 3325 ______9185 965—968______9047 Executive orders: 969------9123, 9262, 9385 Apr. 3, 1847______9389 971— 972______9047 507______8928, 8971, 9076, 9386, 9419 Dec. 9, 1852______9389 974—978______9047 514______9262 July 9, 1875______9219 980------9047 600 _ 8929,9188-9190, 9305, 9306, 9330, May 4, 1907____ 9474 982______9047 9365, 9366, 9419, 9465, 9467, 9509 10355______9219 984------9262 601 _ 8929, 9189-9191, 9305, 9306, 9330, 10787______9488 985—988______1______9047 9366, 9367, 9419, 9467, 9509, 9510 Presidential documents other than 991------j. 9047 602 ------9191, 9192 proclamations and Executive or­ 9S4—995______9047 6Q8------8929, 9387, 9419, 9420 ders: 997-______9123 609 ______8930, 9051, 9076, 9282 Order, Nov. 24, 1959______9505 998------9047 610 ______—_____ 9331 5 CFR 1000______9047 620—____ 8928 1002______„ ______9047 Proposed rules: 6------9124, 1004— ______9047 9185, 9187, 9303, 9327, 9369,' 9383 1—199_____ 9311 1005;------_ ------9047, 9468 60______8951, 9020 24------9076 1008— 1009______9047 325------9255 302____ 8975 1011— 1014______9047 601.------8921 507______9061, 9085, 9271, 9311 1015 ------9049 600 ______9061, 9166-9168, 9312 6 CFR 1016 ------9047 9345, 9346, 9371, 9431, 9480, 9512 331------— 9257, 9362, 9465 1018------9Q47 601 ------9061,9062,9167- 341______9413 1023—------90479170, 9207, 9240, 9241, 9312, 9345, 361------1«:______9071 11Q3—------8964 9346, 9371, 9372, 9431, 9480, 9512 364______9327 Proposed rules: 602 ------9170, 9241 366------9071, 9074 29------1------9014, 9308 608______9170-9173, 9208-9218, 421------9187, 9327, 9383 46------9147 9241, 9242, 9312, 9313, 9372, 9431 443______9039 47— ------8974 446______9329 52------9206 15 CFR 464------9119, 9257 813------9206 2 ------9306 474______9329 909------9308 361______9205 483______8993 914------8935 371------8999 484 ______8995 924— ______8935 372_------8999 485 ------9044,9075,9076, 9285 930------; 9430 373 ______*.______8999 502------9187 942------9340 374 ______-______8999 961------— ___ 9168,9309 379______8999 7 CFR 965------* ______9430 380— ______8999 i l ______9467 972------9157 399______9000 29______9121 989______169311 CFR 51 ______8961 1002______9020 52 ______------__ 9045 13------8971, 8996-8998, 9081-9083 1009 ______9020 Proposed rules: 55______------______9505 1010 ------9166 92------9243 319-______------9359 1025------.------8935 354______;______9329 1027,------9441 17 CFR 401------9121, 9122, 9285 249______9053 725------8995, 9467 9 CFR Proposed rules: 730-______9122 18------„------9415 240______9272 815____ 8964 77_------9469 842______9507 78_------18 C FR 9080 857______9285 Proposed rules: 1------9471 903------9047 74------154------9238 9473 905—908______9047 131------157 9084______9474 911—912______9047 10 CFR 250.______v______9474 913------9047, 9303 2------T9 CFR9330 914 ______9048,9079, 9------93303 ------1______9281 9188, 9258, 9361, 9385, 9468, 9508 8------1_____ 9368 916— 919______9047 12 CFR 10’------8926, 9368 921 ------9047 541------9233 Proposed rules: 544— — ;— ______8971 922 ------9188 8______8934 923—925______9047 545______9049, 9233 14------9392 928—932______9047 555------9415 16------I.______— 9392 933------9259-9261 561------9050 935______9047 570______20 9417 CFR 938------9080 Proposed rules: 2Q1______9083 941— 944______9047 545—------9402209______9001 946------9047 13 CFR 220______9083 948— 949______9047 299______9083 952 ______9047 121------9329 Proposed rules: 322______i______9478 953 ------8934, 9080, 9261, 9385 121------9347 325______9478 954 ------9047 330______9478 955 ------9305 14 CFR 602______—______9367 958------9047 20------9362 604______9362 9367 Thursday, November 26, 1959 FEDERAL REGISTER 9525

20 CFR—Continued Page 29 CFR—Continued page 43 CFR—Continued Page Proposed rules: Proposed rules— Continued Proposed rules— Continued 604______9367 687______8951 198 ______9288 694___ .______9207 199 _ 9288 21 CFR 200 ______9288 3______i____ 8927 31* CFR 259______9393 121______9368, 9510 3______8934 Public land orders: 141a______— 9263 32 CFR 1621______9292 146____ 9263 41______9053 1965______9292 146a______9083, 9263 81______9235 2015 ______9084 146c______9083 512______9286 2016 ______9389 Proposed rules: 2017 ______9389 120 ______9240 536______9387 538______9054 2018 ______,______9389 121 _ 9290 562______9420 2019 ______1,____ 9389 2020 ______9474 22 CFR 32A CFR 22______9235 BDSA (Ch. V I) : 46 CFR 31______9139 M-1A, Dir. 1______9370 146 ______9390 52______*______8927 147 ______9390 24 CFR 33 CFR 172______9334, 9392 232 ______;______9140 202 ______9235 Proposed rules: 203 ______9235, 9287 233 ______9307 35______9393 204 ______9235 235______9140 78______9393 241______9140 207______9287 97______<______9393 4 0 1 - 146______9393 268______9307 Appendix______9307 269,______9307 162______9393 25 CFR 36 CFR 47 CFR 20______9205 ______8973 171 ______9510 I ______172 ______9510 Proposed rules: 3 ______8925,8973, 9003, 9475 1______9146 10______9334 173 _____ 9510 ______9334 176.,______9510 13______9399 I I ______20______,____ 9399 ______9476 221______9192, 9333 21______Proposed rules: Proposed rules: 38 CFR 3 ______9060, 9173,9289,9347 131,______9512 14______9236 161______9146 10______9481 171______9206 39 CFR 49 CFR 25______9477 26 (1954) CFR 7______9058 46______8972 8974; 9308 270_____ 9141 168______8972, 9002 95______275______9141 145______9059 Proposed rules: ___ 9058 301______9193 43____'___ 9371 174______Proposed rules: 186—______- ___ 9059 1______9267, 9269, 9313, 9428, 9479 41 CFR 405______9058 48______9146, 9335 3—75____ 9427 Proposed rules: 301______9146 170______9483 43 CFR 181______9218 29 CFR 14...... 9511 182______9218 101______9095 76______9084 207______9484 102______9102 Proposed rules: 402______9266 188______9288 50 CFR 778______9511 193______- ______9288 33______9370, 9371 Proposed rules: 195 ______9288 Proposed rules: 613______9020 196 __ 9288 177______9399