^ o n a l ^ EGISTE VOLUME 23 1934 cffi NUMBER 1 O N n to * Washington, Wednesday, January 1, 1958

Ca l if o r n ia TITLE 7— AGRICULTURE CONTENTS Chapter III— Agricultural Research P. Callo property, located 2 miles west of the intersection *of Roads 90 and West C Agricultural Marketing Service Pase Service, Department of Agriculture on the south side of Road 90, P. O. Box 44, Niland. Proposed rule making: [P. P. C. 612, 8th Revision] Erinio Jacobs property, located at the in­ Milk, Cincinnati, Ohio, market­ ing area; h an d lin g,______6 P a r t 301—D o m e s t ic Q u a r a n t i n e N o t ic e s tersection of Road 88 and West C, P. O. Box 1304, Niland. Agricultural Research Service S lTBPART— KH APR A BEETLE Kido Farms, located at the intersection of Roads 86 and West A, P. O. Box 587, Niland. Rules and regulations: REVISED ADMINISTRATIVE INSTRUCTIONS Kimiko Ishimino property, located at the Quarantine, domestic; khapra DESIGNATING PREMISES AS REGULATED Intersection of Roads 86 and East D, P. O. beetle; revised administra­ AREAS Box 417, Niland. tive instructions designating Pursuant to § 301.76-2 of the regula­ J. M. Lash property, 331 First Street, P. O. premises as regulated areas,_ 1 Box 631, Niland. tions supplemental to the Khapra Beetle Tom Mejia property, located at the south­ Agriculture Department Quarantine (7 CFR 301.76-2) under sec­ west corner of the intersection of Roads 90 See Agricultural Marketing Serv­ tions 8 and 9 of the Plant Quarantine and West C, P. O. Box 662, Niland. ice; Agricultural Research Act of 1912, as amended (7 U. S..C. 161, J. O. Pairsh Farm, P. O. Pox 138, Holtville. Service. 162), revised administrative instructions Eugene P. Santos property, located 1 mile Atomic Energy Commission are hereby issued as follows, listing south of Wister Station on Highway 111, Notices : premises in which infestations of the P. O. Box 551, Niland. Walter E. Scott Ranch, located at the Construction permits, proposed khapra beetle have been determined to issuance to: exist and designating such premises as southwest corner of 14th Avenue and Defrain Boulevard, P. O. Box 283, Blythe. National Advisory Committee regulated areas within the meaning of for Aeronautics______17 said quarantine and regulations. Andy (Fay) Soriano property, located at the intersection of Roads 81 and East D, University of Florida______20 § 301.76-2a Administrative instruc­ P. O. Box 1317, Niland. Facility export licenses, pro­ tions designating certain premises as United Food Center (Mr. Mah, owner), posed issuance: regulated areas under the khapra beetle Niland. ACF Industries, Inc______17 quarantine and regulations. Infesta­ United Food Störe, Highway 111, Niland. General Electric Co______20 tions of the khapra beetle have been Martin Valdez property, located at the in­ tersection of Roads 90 and West E, P. O. Box Civil Aeronautics Board determined to exist in the premises 403, Niland. Notices: listed in paragraphs (a) and (b) of this C. R. Natividad Vista property, 517 Fifth Flying Tiger Line, Inc., enforce­ section. Accordingly, such premises are Street, P. O. Box 570, Niland. ment proceeding; postpone­ hereby designated as regulated areas ment of hearing______20 within the meaning of the provisions in (b) The portion of each of the follow­ this subpart: ing premises in which live khapra beetles Civil Service Commission (a ). were found has received the approved Notices : fumigation treatment, but these premises A r iz o n a Certain positions in operations must continue under frequent observa­ research series in the conti­ E. A. Heald Chicken Yard, P. O. Box 1973, tion and inspection for a period of one Parker. nental U. S.; its territories year following fumigation before a deter­ Vincent Humeumttewa Farm, Route 1, and possessions (except P. O. Box 59, Parker. mination can be made as to the adequacy Puerto Rico) ; and in foreign of such treatment to eradicate the Richard Kinlichee Farm, located at Poston. countries; increase in mini­ Mailing address P. O. Box 1654, Parker. khapra beetle in and upon such premises. mum rates of pay______20 Perfecto Leivas, Sr., Farm, Route 1, Box During this period regulated articles may Commerce Department 216, Parker. be moved from the premises only in ac­ Notices: Nihighan Farm Incorporated (dairy), 3663 cordance with the regulations in this North Dodge Boulevard, Tucson. subpart. Financial interests, statements Luke Patch Farm, P. O. Box 207, Parker. A r iz o n a of changes in: Jones, John Robert______20 Ranchers’ Mercantile property, Amado Post La Salvia Dairy, Box 116, Laveen Stage, Office, Amado. Phoenix. Jones, Stuart M ______20 Daniel Robles Residence, P. O. Box 1591 Ca l if o r n ia Federal Power Commission Parker. John Binnell (chicken ranch), 1607 South Notices: Howard Sakiestewa Farm, south of Parker, Cucamonga Avenue, Ontario. Hearings, ete.r Route 1, P. o. Box 49, Parker. Cal-Fed Feed Yard, located 2 miles south Anderson-Priehard Oil Corp, 27 Morris Sevada Farm, Route 1, P. O. Box of Orita, iyx miles east on Oxalio Canal, 55, Parker. British-American Oil Produc­ Brawley. ing Co______27 Swanson Farms, Inc., General Delivery, Floyd B. Carrion property, located on the Cities Service Oil Co. (2 Arlington. south side of Avenue 70, 0.8 mile west of Nelson Webster Farm, Route 1, Box 30, Lincoln Street, P. Q. Box 564, Mecca. documents)______23, 25 Parker. Cox, Edwin L ______23 (Continued on next page) Eason Oil Co. et al______29 1 2 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE— Con. Fiscal Service Page Title 38 r -‘i" FEDEML^pEGISTER Rules and regulations: Chapter I: Savings bonds, offering of : Part 12______5 Series E; miscellaneous Title 43 amendments------4 Chapter I: Series H; registration------5 Published daily, except Sundays, Mondays, Appendix (Public land orders): and days following official Federal holidays, Interior Department 622 (revoked by PLO 1570) — 5 by the Federal Register Division, National See also Land Management Bu­ 1570______5 Archives and Records Service, General Serv­ reau. ices Administration, pursuant to the au­ Notices : C. C. Huff Farm, Route 2, Box 46, Imperial. thority contained in the Federal Register Act, Administrator; Southwestern approved July 26, 1935 (49 Stat. 500, as C. E. Kline Ranch, Route 2, Box 282, El amended; 44 U. S, C., ch. 8 B ), under regula­ Power Administration; dele-" Centro. tions prescribed by the Administrative Com­ gation of authority to negoti­ Union Development Co. Warehouse, lo­ mittee of the Federal Register, approved by ate contracts for professional cated approximately 100 yards south of the the President. Distribution is made only by services______*------20 intersection of County Roads No. 86 and West A, Niland. the Superintendent of Documents, Govern­ Interstate Commerce Commis­ ment Printing Office, Washington 25, D. C. N e w M exico The F ederal R egister will be furnished by sion mail to subscribers, free of postage, for $1.50 Notices: M. M. Martin Farm, located 11 miles south per month or $15.00 per year, payable in, Fourth section applications for of Tolar. advance. The charge for individual copies relief ______29 Subsequent to the seventh revision, (minimum 15 cents) varies in proportion to 41 the size of the issue. Remit check or money Increased freight rates, 1958— effective December 18, 1957, an infesta­ order, made payable to the Superintendent Motor carrier alternate route tion of the khapra beetle was discovered of Documents, directly to the Government deviation notices------37 on the premises of the Frances Robles Printing Office, Washington 25, D. C. Motor carrier applications------38 Restaurant, P. O. Box 1591, Parker, Ari­ The regulatory material appearing herein Motor contract carriers, appli­ zona. Movement of regulated articles is keyed to the Code o f F ederal R e g u l a t io n s , cations for conversion by----- 30 from this property was immediately which is published, under 50 titles, pursuant stopped. Within a few days such in­ to section 11 of the Federal Register Act, as Labor Department fested premises had been fumigated and amended August 5, 1953. The Code o f F ed­ See Wage and Hour Division. „ e r a l R e g u l a t io n s is sold by the Superin­ declared free of khapra bettle infesta­ tendent of Documents. Prices of books and Land Management Bureau tion. Accordingly, this property is not pocket supplements vary. Rules and regulations: being included in this revision. There are no restrictions on the re­ Alaska; public land orders------This revision has the effect of revok­ publication of material appearing in the ing the designation as regulated areas' of F ederal R eg iste r, or the C ode o f F ederal Securities and Exchange Com­ certain premises in Arizona and Califor­ R e g u l a t io n s . mission nia, it having been determined by the Notices: Director of the Plant Pest Control Divi­ Red Rock Oil & Gas Co. ; tempo­ sion that adequate sanitation measures rary suspension of exemption, have been practiced for a sufficient length CFR SUPPLEMENTS reasons therefor, and oppor­ of time to eradicate the khapra beetle in tunity for hearing.------29 The following is now available: and upon such premises. It also adds Treasury Department certain premises in Arizona and Cali­ Title 3, 1943-1948 Compilation See Fiscal Service. fornia to the list of premises in which ($7.00) khapra beetle infestations have been de­ Veterans Administration termined to exist, and designates such All pocket supplements and revised books Rules and regulations: premises as regulated areas under the as of January 1, 1957, have been pre­ Disposition of veteran’s personal khapra beetle quarantine and regula­ viously announced except Titles 1—3 and funds and effects; miscellane­ tions. the supplement to the General Index. ous amendments—__— ----- „5 As an informative item, the revision also segregates certain regulated prem­ Order from Superintendent of Documents, Wage and Hour Division ises in Arizona, California, and New Government Printing Office, Washington Rules and regulations: 25, D. C. Mexico where the approved fumigation Construction, business service, treatment has been applied to the por­ motion picture, and miscel­ tion of the premises in which live khapra laneous industry in Puerto 3 beetles were found and which are con­ CONTENTS— Continued R ico______— sequently in a somewhat different cate­ gory than untreated premises. Federal Power Commission— Page CODIFICATION GUIDE These administrative instructions shall Continued become effective January 1, 1958, when A numerical list of the parts of the Code they shall supersede P. P. C. 612, Seventh Notices— Continued of Federal Regulations affected by documents published in this issue. Proposed rules, as Revision, effective December 18, 1957 (22 Hearings, etc.—Continued F. R. 10119). Goff, J. R ______—...... - 28 opposed to final actions, are Identified as such. These instructions, in part, impose re­ Le Cuno Oil Corp------22 strictions supplementing khapra beetle Magnolia Petroleum Co------26 quarantine regulations already effective. Magnolia Petroleum Co. et al Title 7 page (2 documents)------*-----— 21,28 Chapter III: They also relieve restrictions insofar as they revoke the designation of certain Marshall, J. E., et al------22 Part 301_____ 1 regulated areas. They must be made Olsen, R ------25 Chapter IX : effective promptly in order to carry out Peerless Oil & Gas Co------24 Part 965 (proposed) ------6 Phillips Petroleum Co__------26 the purposes of thé regulations and to Title 29 j be of maximum benefit in permitting Pure Oil Co------28 Chapter V: the interstate movement, without re­ Shell Oil Co______24 Part 672______„___ — 3 Standard Oil Company of striction under the quarantine, of regu­ Texas______—------.— - 23 Title 31 lated products from the premises being Texas Co------21 Chapter II: removed from designation as regulated Texas Gulf Producing Co— . 21 Part 316______-______4 areas. Accordingly, under section 4 of Western Natural Gas Co------26 Part 332______—— ------— 5 the Administrative Procedure Act (5 Wednesday, January 1, 1958 FEDERAL REGISTER 3

U. S. C. 1003), It is found upon good lations, effective January 17, 1958, to similar building construction, the install cause that notice and other public pro­ read as follows: lation or construction of access roads cedure with respect to the foregoing ad­ Sec. and similar facilities, furnaces, kilns,' ministrative instructions are impracti­ 672.1 Definition. and similar appurtenances of industrial cable and contrary to the public inter­ 672.2 Wage rates. plants, and the assembling at the con­ est, and good cause is found for making 672.3 Notices. struction site and the installation of the effective date thereof less than 30 A u t h o r it y : §§ 672.1 to 672.3 Issued under machinery in or upon buildings, struc­ days after publication in the F ederal sec. 8, 52 Stat. 1064, as amended; 29 U. S. C. tures, and other improvements, and with R egister. 208. Interpret or apply sec. 5, 52 Stat. 1062, the work performed by contractors who (Sec. 9, 37 Stat. 318, 7 U. S. C. 162. Inter­ as amended; 29 U. S. C. 205. specialize in activities such as plumbing, prets or applies sec. 8, 37 Stat. 318, as § 672.1 Definition. The construction; heating, decorating, electrical work; amended, 7 U. S. C. 161) business service, motion picture, and foundation work, the erection or serv­ Done at Washington, D. C„ this 27th miscellaneous industry in Puerto Rico icing of building equipment, such as ele­ day of December 1957. to which this part shall apply is defined vators, and other related construction as the design, construction, reconstruc­ specialties including the installation of [ seal] E . D . B u r g ess, tion, alteration, repair, and maintenance insulation and air conditioning; and all Director, Plant Pest of buildings, structures, and other im­ activities which are not included in the Control Division. provements; the assembling at the con­ definition of other industries in Puerto [F. R. Doc. 57-10907; Filed, Dec. 31, 1957; struction site and the installation of ma­ Rico for which wage orders have been 8 :47 a. m.] chinery and other facilities in or upon issued: Provided, however, That this buildings, structures, and other improve­ classification shall not include any ac­ ments; the dismantling, wrecking, or tivity carried on by an establishment? TITLE 29— LABOR other demolition of buildings, structures, primarily engaged in another industry and other improvements; the activity for its own use, or any activity included Chapter V— Wage and Hour Division* carried on by any business or nonprofit in the definition of any industry in Department of Labor enterprise performing real ¡estate, pro­ Puerto Rico for which a wage order has been issued. P art 672—C onstruction ,B u s in e s s S erv­ fessional, advertising, education, or re­ (b) Wages at a rate of not less than ic e , M o t io n P ic t u r e , a n d M is c e l l a ­ search activities, or engaged in the 80 cents an hour shall be paid under n e o u s I n d u s t r y i n P u er to R ic o furnishing of other facilities or services to industrial or commercial establish­ section 6 of the Fair Labor Standards WAGE ORDER GIVING EFFECT TO ments or to the consumer; the produc­ Act of 1938, as amended, by every em­ RECOMMENDATIONS tion of photographs and blueprints; the ployer to each of his employees in the Pursuant to section 5 of the Fair production and distribution of motion highway and street and other heavy con­ Labor Standards Act of 1938 C52 Stat. pictures and all activities incidental struction classification of the construc­ 1060, as amended; .29 U. S. C. 201 et thereto; and all activities which are not tion, business service, motion picture, seq.), the Secretary of Labor by Admin­ included in the definition of other in­ and miscellaneous industry in Puerto istrative Order No. 492 (22 F. R. 8265), dustries in Puerto Rico for which wage Rico, who is engaged in commerce or in as amended by Administrative Orders orders have been issued: Provided, how­ the production of goods for commerce* Nos. 494 (22 F. R. 9235) and 496 (22 F. R. ever, That the definition shall not in­ and this classification shall be defined as 9367), appointed, convened, and: gave clude any activity, carried on by composed of all work (including new notice of the hearings of industry Com­ an establishment primarily engaged in work, additions, alterations, demolition, mittee No. 35-B to recommend the another industry for its own use, or any and repair) performed in connection minimum wage rate or rates to be paid activity included in the definition of any with heavy construction, including, but under section 6 (c) of the act to em­ industry in Puerto Rico for which a wage not limited to, the construction of roads, ployees in the construction, business order has been issued. streets, guard rails, fences, parkways, service, motion picture, and miscellane­ parking areas, airport runways, and re­ ous industry in Puerto Rico who are en­ § 672.2 Wage rates, (a) Wages at lated work, the construction of sewers gaged in commerce or in the production a rate of not less than $1.00 an hour and water mains, heavy foundations, ele­ of goods for commerce. shall be paid under section 6 of the Fair vated highways, bridges, over passes and Subsequent to investigations and Labor Standards Act of 1938, as under passes, dredging and harbor fa­ hearings conducted pursuant to the no­ amended, by every employer to each of cility construction and improvements tice, the committee filed with the Ad­ his employees in the business service, and other marine construction opera­ ministrator a report containing its find­ motion picture, industrial and other tions, and all construction industry ac­ ings with respect to the matters referred building construction and special trade tivities not specifically included in the to it. The present wage orders for this contractors, and miscellaneous industry business service, motion picture, indus­ industry in Puerto Rico axe contained in classification of the construction, busi­ trial and other building construction and 29 CFR Part 672. The definition of the ness service, motion picture, and miscel­ special trade contractors, and miscel­ industry in the new wage order is the laneous industry in Puerto Rico, who is laneous industry classification, as de­ same as that contained in the current engaged in commerce or in the produc­ fined herein: Provided, however, That wage order for the , construction,, busi­ tion of goods for commerce, and this this classification shall not include any ness service, motion picture, and mis­ classification shall be defined as the ac­ activity carried on by an establishment cellaneous industry in Puerto Rico. The tivity carried on by any business or non­ primarily engaged in another industry for its own use. recommendations of Industry Commit­ profit enterprise performing real estate, tee No. 35-B for the construction, professional, advertising, education or (c) Wages at a rate of not less than business service, motion picture, and research activities, or engaged in the 85 cents an hour shall be paid under sec­ miscellaneous industry in Puerto Rico furnishing of other facilities or services tion 6 of the Fair Labor Standards Act include a revision of the classifications to industrial or commercial establish­ of 1938, as amended, by every employer within the industry and a recommenda­ ments or to the consumer, and the pro­ to each of his employees in the janitorial tion for new rates of pay for such re­ duction of photographs and blueprints and custodial service classification of the vised classifications. (except activities included in the jani­ construction, business service, motion Accordingly, as authorized and re­ torial and custodial service classification, picture, and miscellaneous industry in quired by section 8 of the act, Reorgani­ as defined herein) ; the production and Puerto Rico, who is engaged in commerce zation Plan No. 6 of 1950 (3 CFR 195Q distribution of motion pictures and all or in the production of goods for com­ Supp., p. 165), General Order No. 45-A activities incidental thereto; all activi­ merce, and this classification shall be of the Secretary of Labor (15 F. R. 3290), ties connected with the construction defined as the activity carried on by any (including new work, additions, altera­ and General Order No. 85-A of the Sec­ business performing office cleaning, floor tions, demolition, and repair) of build­ retary of Labor (22 F. R. 7614), the'rec- waxing, and other janitorial services, ings such as industrial, commercial, disinfecting and exterminating, custodial ommendations of the committee are institutional, and public buildings, elec­ and watchman services, and related serv­ hereby published in these amendments tric power plants, natural gas compress­ ices to industrial or commercial estab­ to Title 29 of the Code of Federal Regu­ ing stations, oil pumping stations and lishments or to the consumer. 4 RULES AND REGULATIONS

' § 672.3 Notices. Every employer sub­ § 316.8 Limitation on holdings. The month for which the employer’s con­ ject to the provisions of § 672.2 shall post limits on the amount of bonds of Series tribution is made. in a conspicuous place in each depart­ E originally issued during any one (v) Upon the death of an employee, ment of his establishment where em­ calendar year that may be held by any his beneficiary shall have the absolute ployees subject to the provisions of one person at any one time (which will and unconditional right to demand and § 672.2 are working such notices of this be computed in accordance with the reg­ receive from the trustee or trustees all part as shall be prescribed from time to ulations currently in force governing the assets credited to the account of the time by the Administrator of the Wage United States Savings Bonds) are: employee, or the value thereof, if he so and Hour Division of the United States (a) General limitation. $10,000 (ma­ prefers. Department of Labor and shall give such turity value) for the calendar year 1958 (vi) When settlement is made with an other notice as the Administrator may and each calendar year thereafter. employee or his beneficiary with respect prescribe. (b) Special limitation applicable to to any bond of Series E registered in the employees’ savings plans. $2,000 (ma­ name and title of the trustee or trustees ‘ Signed at Washington, D. C., this 26th turity value) multiplied by the highest in which the employee has a share (see day of December 1957. number of participants in an employees’ subdivision (ii) of this subparagraph), C lar en c e T. L u n d q u is t , savings plan (as defined in this para­ the bond must be submitted for redemp­ Acting Administrator. graph) 2 at any time during the year in tion or reissue to the extent of such [P. R. Doc. 57-10904; Piled, Dec. 31, 1957; which the bonds are issued. share; if an employee or his beneficiary 8:47 a. m.] (1) Definition of plan and conditions is to receive distribution in kind, bonds of eligibility, (i) The employees’ sav­ bearing the same issue dates as those ings plan must have been established by credited to the employee’s account will TITLE 31— MONEY AND the employer for the exclusive and ir­ be reissued in the name of the distributee revocable benefit of his employees or to the extent to which he is entitled, in FINANCE: TREASURY their beneficiaries, afford employees the authorized denominations, in any au­ Chapter II——Fiscal Service, Depart­ means of making regular savings from thorized form of registration, upon the ment of the Treasury their wages through payroll deductions, request and certification of the trustee and provide for employer contributions or trustees in accordance with the pro­ Subchapter B— Bureau of the Public Debt to be added to such savings. visions of the regulations governing [ 1957 Dept. Circ. 653,4th Rev., Amdt. 1] (ii) The entire assets thereof must be United States Savings Bonds. credited to the individual accounts of (2) Definitions of terms used in this P art 316— O ffe r in g o f U n it e d S tates participating employees and assets section and related provisions, (i) The S a v in g ^ B o n d s , S er ies E credited to the account of an employee term “ savings plan” includes any regu­ MISCELLANEOUS AMENDMENTS may be distributed only to him or his lations issued under the plan with regard D e cem ber 23, 1957. beneficiary, except as otherwise pro­ to bonds of Series E; a copy of the plan vided herein. and any such regulations, together with Sections 316.7, 316.8, and 316.11 (a) (iii) Bonds of Series E may be pur­ a copy of the trust agreement certified of Department Circular No. 653, Fourth chased only with assets credited to the by a trustee to be true copies, must be Revision, dated April 22, 1957 (31 CFR accounts of participating employees and submitted to the Federal Reserve Bank Part 316), are hereby amended effective only if the amount taken from any ac­ of the District in order to establish the January 1, 1958, to read as follows: count at any time for that purpose is eligibility of the trustee or trustees to § 316.7 Registration — (a) General. equal to the purchase price of a bond purchase bonds in excess of the general Generally, only residents (whether nat­ or bonds in an authorized denomination limitation in any calendar year. ural persons or others) of the United or denominations, and share's therein (ii) The term “ assets” means all States, its territories and possessions, the are credited to the accounts of the in­ funds, including the employees’ contri­ Commonwealth of Puerto Rico, the Ca­ dividuals from which the purchase price butions and the employer’s contribu­ nal Zone and citizens of the United thereof was derived, in amounts corre­ tions and assets purchased therewith as States temporarily residing abroad are sponding with their shares. For exam­ well as accretions thereto, such as divi­ eligible to invest in bonds of Series E. ple, if $37.50 credited to the account of dends on stock, the increment in value Full information regarding eligibility to John Jones is commingled with funds on bonds and all other income; but, not­ invest in savings .bonds, and authorized credited to the accounts of other em­ withstanding any other provision of this forms of registration and rights there­ ployees to make a total of $7,500, with section, the right to demand and re­ under, will be found in the regulations which a bond of Series E in the denomi­ ceive “ all assets” credited to the account currently in force governing United nation of $10,000 (maturity value) is of an employee shall not be construed to States Savings Bonds.1 purchased in June 1958 and registered in require the distribution of assets in kind (b) Individuals. The bonds may be the name and title of the trustee or when it would not be possible or prac­ registered in the names of natural per­ trustees, the plan must provide, in effect, ticable to make such distribution; for sons (whether adults or minors) in their that John Jones’ account shall be example, bonds of Series E may not be own right, in single ownership, coowner­ credited to show that he is the owner of reissued in unauthorized denominations, ship, and beneficiary form. a bond of Series E in the denomination and fractional shares of stock are not (c) Others (only in single ownership of $50 (maturity value) bearing issue readily distributable in kind. form ). The bonds may also be regis­ date of June 1-, 1958. (iii) The term “ beneficiary” means tered as follows: (iv) Each participating employee shall the person or persons, if any, designated (1) Fiduciaries. In the name of any have an irrevocable right at any time to by the employee in accordance with the persons or organizations, public or pri­ demand and receive from the trustee or terms of the plan to receive the benefits vate, as fiduciaries, except where the trustees all assets credited to his account of the trust upon his death or the estate fiduciary would hold the bonds merely or or the value thereof, if he so prefers, of the employee, and the term “ distribu­ principally as security for the perform­ without regard to any condition other tee” means the employee or his bene­ ance of a duty, obligation or service. than the loss or suspension of the privi­ ficiary. (2) . lege of participating further in the plan, Private and public organizations § 316.11 Purchase of bonds— (a) In the names of private or public organ­ except that a plan will not be deemed to Over-the-counter for cash. (1) For izations (including private corporations, be inconsistent herewith, if it limits or natural persons in their own right only partnerships and unincorporated asso­ modifies the exercise of any such right by (i) at such incorporated banks, trust ciations, and states, counties, public cor­ providing that the employer’s contribu­ companies, and other agencies as have porations, and other public bodies) in tion does, not vest absolutely until the been duly qualified as issuing agents; their own right, but not in the names of employee shall have made contributions commercial banks, which are defined for and (ii) at selected United States post under the plan in each of not more than this purpose as those accepting demand offices; and (2) for all eligible pur­ sixty calendar months succeeding the deposits. chasers, at Federal Reserve Banks and !Part 315 of this subchapter (Department 2 No other investor is authorized to hold Branches and at the Treasury Depart­ Circular No. 530). bonds in excess of the general limitation. ment, Washington 25, D. C. Wednesday, January 1, 1958 FEDERAL REGISTER 5

Compliance with the notice, public owners of bonds of Series H under pre­ is not intended to affect in any manner procedure, and effective date require­ vious circulars. the title thereto. Such notice shall fully ments of the Administrative Procedure (Sec. 22, 49 Stat. 21, as amended; 31 U . S. C. identify the decedent and state the fact Act (Pub. Law 404, 79th Cong.; 60 Stat. 757c) that he designated the addressed to re­ 237) is found to be impracticable ceive possession of such property; that and unnecessary with respect to this [ s e a l] Ju l ia n B. B aird, the right to receive possession thereof document. Nothing contained herein Acting Secretary of does not affect the ownership but that abridges or restricts any existing rights the Treasury. the designate will be responsible for the acquired by owners of bonds of Series E JF. R. Doc. 57-10897; Filed, Dec. 31, 1957; ultimate disposition thereof to those who, under previous circulars. 8^46 a. m.] under applicable law, are entitled to the (Sec. 22, 49 Stat. 21, as amended; 31 XJ. S. C. decedant’s property; and will request 757c) prompt advice as to whether the desig­ TITLE 38— PENSIONS, BONUSES, nate will accept such property and that, [ se al] J u l ia n B . B air d, Acting Secretary of the Treasury. AND VETERANS1 RELIEF if he will, he furnish shipping instruc­ tions, upon receipt of which the property [F. R. Doc. 57-10896; Piled, Dec. 31, 1957; Chapter I— Veterans Administration will be shipped at the expense of the 8:46 a. m.] P art 12—D is p o s it io n o f V eteran' s Government'. However, prior to dis­ P er so nal F u n d s and E ffects - patching such notice, it will be definitely determined that the shipping expense MISCELLANEOUS AMENDMENTS will not exceed $25. If such expense will [1957 Dept. Circ. 905, Rev. Amdt. 1] 1. In § 12.4, paragraph (b) is amended exceed $25, the excess cost will be ascer­ P art 332—O ffe r in g o f U n it e d S tates to read as follows: tained, and the notice will include a S aving s B o nds, S eries H statement of the amount of such excess § 12.4 Disposition of effects and fund shipping cost with request that the REGISTRATION to designate; exceptions. * * * amount thereof be remitted at the time (b) When authorized by the Manager D ecember 23, 1957. shipping instructions are furnished. In or his designated representative, the estimating the shipping expense, it will Section 332.8 of Department Circular effects will be delivered or shipped to the No. 905, Revised, dated April 22,1957 (31 be assumed that shipment to the desig­ designate. If shipped at Government nate will be to the same address as that CFR Part 332), is hereby amended effec­ expense, the shipment shall be made in tive January 1¿ 1958, to read as follows: to which the notice is sent. Each no­ the most economical manner but in no tice, however, shall contain a statement § 332.8 Registration— (a) General. case at a cost in excess of $25. I f such that in no event will the Government Generally, only residents (whether nat­ expenses will exceed $25, the .excess pay shipping expense in excess of $25. ural persons or others) of the United amount shall be paid by the consignee, The notice will include a copy of the in­ States, its territories and possessions, the either to the Manager in advance or to ventory of the property which it is pro­ Commonwealth o'f Púerto Rico, the the carrier if it accepts the shipment posed to deliver to the designate. Canal Zone and citizens of the United without full prepayment of charges. (b) Upon receipt of appropriate ship­ States temporarily residing abroad are There will be no obligation on the Gov­ ping instructions, the property will be eligible to invest in bonds of Series H. ernment, initially or otherwise, to pay shipped, transportation charges prepaid, Pull information regarding eligibility to such expenses in excess of $25. by mail, express, or freight, as may be invest in savings bonds, and authorized 2. In § 12.9, paragraphs (a) and (b) appropriate under the circumstances forms of registration and rights there­ are amended to read as follows: and most economical to the Govern­ under, will be found in the regulations ment. The expense of such shipment, currently in force governing United § 12.9 Rights of designate; sales in­ struction; transportation charges, (a) chargeable to the Government, in no States Savings Bonds.1 case to exceed $25, is payable the same (b) Individuals. The bonds may be Upon death- of a veteran admitted as such to a field station, the Manager or as other administrative expenses of the registered in the names of natural per­ Veterans Administration. sons (whether adults or minors) in their his designated representative will cause own right, in single ownership, coowner­ notice (parts I and V of VA Form 10- (Sec. 210, 71 Stat. 91; 38 U. S. C. 2210. In ­ ship, and beneficiary form. 1171) to be sent to the designate: Pro­ terpret or apply secs. 1901-1910, 1920-1928, vided,, however, That if the Manager 71 Stat. 145, 149; 38 U. S. C. 3901-3910, 3920- (c) Others (only in single ownership 3928) form ). The bonds may also be regis­ or his designated represenative has in­ tered as follows: formation of the death of the primary This regulation is effective January (1) Fiduciaries. In the names of any designate, notice shall be sent to the 1, 1958. persons or organizations, public or pri­ alternate designate and all the provi­ sions of the regulations in this part re­ [ s e a l ] J o h n S. P a t t e r so n , vate, as fiduciaries, except where the Deputy Administrator. fiduciary would hold the bonds merely or specting the designate will be deemed to principally as security for the perform­ apply to the alternate. If the designate [F. R. Doc. 57-10753; Filed, Dec. 31, 1957; ance of a duty, obligation or service. is a minor or a person known to be in­ 8:45 a. m.] (2) Private and public organizations. competent, delivery of the funds or ef­ In the names of private or public organ­ fects will be made only to the designate’s izations (including private corporations, guardian or custodian upon qualification. TITLE 43— PUBLIC LANDS: partnerships and unincorporated asso­ The right of the designaté to receive pos­ INTERIOR ciations, and states, counties, pqblic session ceases when he refuses to accept corporations, and other public bodies) delivery or if he fails to respond within Chapter I— Bureau of Land Manage­ in their own right, but not in the names 90 days after VA Form 10-1171 was ment, Department of the Interior of commercial banks, which are defined mailed. When the right of a designate for this purpose as those accepting de­ ceases, VA Form 10-1171 will be for­ Appendix— Public Land Orders mand deposits. warded immediately to the alternate [Public Land Order 15^0] designate, whose rights then become [Anchorage 029775 et al.] Compliance with the notice, public identical with those forfeited by the first procedure, and effective date require­ designate, and the rights of the alternate [Fairbanks 013100 et al.] ments of the Administrative Procedure Act (Pub. Law 404, 79th Cong.; 60 Stat. designate shall terminate at the expira­ A lask a 237) is found to be impracticable and un­ tion of 90 days after the VA Form 10- WITHDRAWING PUBLIC LANDS FOR RECREA-, necessary with respect to this document. 1171 was mailed to him. Delivery will TIONAL PURPOSES; REVOKING PUBLIC Nothing contained herein abridges or re­ not be made to a designate until he sub­ ORDER NO. 622 OF DECEMBER 15, 1949 mits a signed statement to the effect that stricts any existing rights acquired by By virtue of the authority vested in he understands that the delivery of such the President and pursuant to Executive 1 Fart 315 of this subchapter (Department funds and effects constitutes a delivery Circular No.-530). Order No. 10355 of May 26, 1952, it is of possession only and that such delivery ordered as follows: 6 RULES AND REGULATIONS

Subject to valid existing rights, the Parcel No. 4 [Fairbanks 012695] following-described public lands in T. 17 N., R. 4 W., partly unsurveyed, U. S. Survey No. 3441, Alaska are hereby withdrawn from all Sec. 12, that part of the Ny2SE% described Tract A, lots 9 and 9A. forms of appropriation under the public as follows: The tracts described contain 2.86 acres. land laws, including the mining but not Beginning at the % corner common to the mineral-leasing laws nor the act of sec. 7, T. 17 N., R. 3 W., and said sec. 12 Public Land Order No. 622 of Decem­ thence, July 31, 1947 (61 Stat. 681; 69 Stat. 367; West, 15 chains, approximately, to east ber 15, 1949, which withdrew an area of 30 U. S. C. 601-604) as amended, and re­ shore of large unnamed lake; 5.96 acres of public lands in Alaska (now served under the jurisdiction of the Sec­ Southwesterly, 21 chains, approximately, identified as lot 11, sec. 24, T. 7 S., R. retary of the Interior for administration along east shore of lake; and maintenance as public recreation East, 18 chains to west shore of small 6 E., F. M.) for use of the Alaska Road areas pending their conveyance or unnamed lake; Commission as an administrative site, other disposal as authorized by the act Northeasterly, 14 chains, approximately, is hereby revoked. of May 4,1956, as amended by the act of along west shore of lake to west boundary sec. 7, T. 17 N., R. 3 W; The total area withdrawn by this August 30, 1957 (71 Stat. 510): North, 8 chains to point of beginning. order is 222.97 acres. [Fairbanks 013100] The tract described contains approxi­ mately 40 acres. R oger C. E r n s t , PAXSON LAKE AREA [Anchorage 025274] Assistant Secretary of the Interior. A tract of unsurveyed land located on the S ew ard M e r id ia n south shore of an unnamed lake commonly D ecem ber 24,1957. known as "Seven Mile” Lake at approximate T. 17 N., R. 3 W., latitude 63°05'40" N., longitude 145°37'00" Sec. 4, lot 7. [F. R. Doc. 57-10864; Filed, Dec. 31, 1957; W., described as follows: The tract described contains 30.47 acres. 8:46 a. m.] Beginning at a point on the south shore of the lake, thence Westerly, ^50 chains along the shore line of the lake; South, 7.50 chains; East, 7.50 chains; PROPOSED RULE MAKING North, 7.50 chains to the point of be­ ginning. The tract described contains 5 acres. DEPARTMENT OF AGRICULTURE 4. Clarification of provisions applica­ BIG DELTA AREA ble to partially regulated plants and pro­ visions for dealing with a plant subject A tract of land between Lost Lake and Agricultural Marketing Service to another Federal order issued pursuant Quartz Lake, approximately 4 miles north [ 7 CFR Part 965 1 of Big Delta, latitude 64° 12' N., longitude to the act. 146°50' W., described as follows: [Docket No. AO-166—A22] 5. Adoption of a quota plan for the Beginning at a point on the east shore of payment to producers of the proceeds Lost Lake from which the northeast corner H a n d l in g o p M i l k i n C i n c in n a t i, O h io , from the sale of their milk. section 26, T. 8 S., R. 9 E., Fairbanks M a r k e t in g A rea 6. Redrafting and reissuance of com­ Meridian bears west 1 y2 miles, thence DECISION W IT H RESPECT TO PROPOSED plete order with provisions for the re­ East, 24 chains to a point on the south­ AMENDMENTS TO TENTATIVE MARKETING porting and accounting for skim milk west shore of Quartz Lake; Northwesterly, 24 chains along the south­ AGREEMENT AND TO ORDER and butterfat, separately, including more specific accounting and allocation pro­ west shore of said lake; Pursuant to the provisions of the Agri­ cedures for skim milk and a reduction in West, 20 chains; cultural Marketing Agreement Act Of South, 12 chains to a point on the north allowable skrinkage in Class n i milk. Î937, as amended (7 U. S. C. 601 et seq.), shore of Lost Lake; Findings and conclusions. The fol­ Southeasterly, 12 chains along the shore and the applicable rules of practice and lowing findings and conclusions on the of Lost Lake to point of beginning, which procedure governing the formulation of material issues are based on evidence when surveyed will probably be Fairbanks marketing agreements and marketing presented at the hearing and the record Meridian, orders (7 CFR, Part 900), a public hear­ thereof : T. 8 S., R. 10 E., ing was held at Cincinnati, Ohio, on Sec. 19, sW ftS R K , E & S E & S W & (frac­ 1. The definitions of “producer” , “pool June 25-26, 1957, pursuant to notice plant” , “producer milk” and “other tional) . thereof issued on June 11,1957 (22 F. R. The tract described contains 45 acres. source milk” should be clarified and 4237). [Fairbanks 013618] definitions for “fluid milk product” and Upon the basis of the evidence intro­ “Chicago butter price” should be added. F a ir b a n k s M e r id ia n duced at the hearing and the record The language of the present defini­ thereof, the Deputy Administrator, Agri­ RICHARDSON HILL CANTON AREA tion of a producer, among other things, cultural Marketing Service, on Novem­ refers to a person operating a dairy farm T. 7 S., R. 6 E., ber 27, 1957 (22 F. R. 9667) filed with who produces milk under a dairy farm Sec. 24, lots 5 and 11. the Hearing Clerk, United States Depart­ The areas described aggregate 15.35 acres. permit issued by an appropriate health ment of Agriculture, his recommended authority. The phrase, “ an appropriate SHAW CREEK AREA decision containing notice of the oppor­ health authority” , has been applied to tunity to file written exceptions thereto. T. 8 S., R. 9 E., include persons who hold permits from Sec. 26, lot 11. Material issues of record relate to: a duly constituted health authority for The area described contains 6.92 acres. 1. Revisions of the definitions of “pool the production of milk for fluid disposi­ plant” , “ producer” , and “ other source [Anchorage 029775] tion, if such milk is permitted by the milk” and the addition of definitions for health authority having jurisdiction in S ew ard M e r id ia n “ fluid milk product” and “Chicago butter the marketing area to be disposed of for Parcel No. 1 price” . fluid consumption in the marketing area. 2. Revision of the pricing provisions, T. 18 N.,R. 1 E., In the provisions of the order relating to Sec. 16, lot 3. including changes in the basic formula the qualification of supply plants as pool The area described contains 22.8 acres. price, the supply-demand adjuster, the plants, reference is made to plants which Parcel No. 2 Class I I price for milk used in cottage receive milk from dairy farmers. No cheese and the incorporation of a pro­ reference is made to health authority T. 18 N., R. 1 E., Sec. 15,Ei/2N E ^ N E % N W % . vision for equivalent prices. approval. The area described contains 5 acres. 3. Extension of location differential Producers proposed that changes be made in the definitions of producer and Parcel No. 3 credits to handlers on milk moved from country pool plants and on producer the supply plant portion of the pool plant T. 17N..R. IE., definition so as to require a dairy farmer Sec. 13, lot 1. milk received at pool plants located out­ The area described contains 49.57 acres. side of the marketing area. to hold a dairy farm permit issued by a Wednesday, January 7, 1958 FEDERAL REGISTER 7

health authority having jurisdiction in because their farms are not physically milk should be clarified by specifying that the marketing area. Producers con­ approved or permits issued by the health it applies to only that skim milk and tended that the present definition was authority in the marketing area. Such butterfat which is received at the pool susceptible to more than one interpre­ dairy farmers are, in fact, subject to the plant directly from producers during tation and has resulted in the pooling of same requirements to qualify as pro­ the month or diverted from a pool plant milk which is not closely associated with ducers under the order as dairy farmers to a nonpool plant under the same con­ the market. Furthermore, it was argued who produce milk under permits which ditions as specified by the present order. that all producer milk must be produced are physically issued by a health au­ Construction of other order provisions under local health department permits thority having jurisdiction in the mar­ will be facilitated by incorporating the to conform with the declared policy of keting area—they must produce in­ conditions relative to the point of receipt the act of providing prices which will spected milk of a quality acceptable to of diverted milk in this definition. The assure a sufficient quantity of pure and the health authority in the marketing present definition is not intended to in­ wholesome milk and be in the public area and, at the same time, be associated clude milk received from producer-han­ interest. with a pool plant. Only the mechanics dlers. The order should be clarified in The primary purpose of definitions of by which approval is granted by the this respect by excluding a producer- “producer” and “pool plant” is to pro­ health authority in the marketing area handler under the definition of a vide the criteria for determining what are different. producer. milk and what plants are to be subject To limit the definition of a producer to A definition of “fluid milk product” to regulation under the order. Refer­ dairy farmers who hold permits-issued by should be incorporated in the order. ence is made to health authorities and a health authority having jurisdiction in This is a convenient term for use in approval of milk by them in the producer the marketing area, as proposed by pro­ constructing the order to refer to the definition primarily for the purpose of ducers, could result in an undue restric­ skim milk and butterfat in the fluid form distinguishing between dairy farmers tion on supplies of milk from dairy farm­ of milk, cream and other milk prod­ who supply milk to pool plants which is ers delivering their milk to supply plants ucts as contrasted to manufactured eligible for fluid disposition in the mar­ or fluid milk plants located outside the dairy products. Storage cream, aerated keting area and dairy farmers who may marketing area. It could prevent pro­ cream, ice cream mixes, condensed and supply milk which is not eligible for ducers who are regularly and primarily evaporated milk and other manufac­ fluid disposition in the marketing area. associated with the market from partic­ tured dairy products should be excluded The establishment and application of ipating in the marketwide pool. from the category of a fluid milk product. sanitary standards which milk must Producers, in their exceptions, stated The definition of “ other source milk” meet for fluid disposition in the different that failure to require producers to have should be modified to incorporate refer­ segments of the marketing area is the permits issued by the health authority ences to the proposed new term of fluid responsibility of the respective health in the marketing area may result in the milk product and to clarify its meaning. authorities having jurisdiction in the pooling of surplus milk from nearby A precise and clear definition of other several segments. It is not the function markets. This problem would be con­ source milk is essential to facilitate the of the Federal order to provide, or in fined primarily to plants located in the reporting, classification, allocation and any way to enforce, sanitary standards marketing area. Although this problem compensatory payment provisions of the for milk marketed for fluid disposition could be resolved by making provisions order. The present definition should be and which is regulated and priced under to exclude dairy farmers who are pri­ changed to facilitate the accounting for its provisions. It is the responsibility of marily associated with other markets, skim milk as recommended hereinafter the order to provide a method of pricing this approach to the problem was not (Issue 6). Other source milk should be that milk which the consumers in a discussed at the hearing. Provision defined so as to include all skim milk given area, through the authority should be made, therefore, under the and butterfat in fluid milk products re­ granted to their duly constituted health particular conditions existing in this ceived from sources other than produc­ authorities, > consider to be pure and market, to require a dairy farmer deliv­ ers, other pool plants and from inventory wholesome milk on the basis of the ering milk to a distributing plant located of fluid milk products. Other source health requirements they have estab­ in the marketing area to have a farm milk should include all skim milk and lished. At the present time, the sanitary permit issued by the health authority butterfat represented by (used to pro­ requirements of milk for disposition as having jurisdiction in the marketing duce) all manufactured products which fluid milk in the marketing area are the area to qualify as a producer under the are used or reused in the plant during responsibility of the Boards of Health order. the month except Class II products which of the City of Cincinnati, the City of “Producer” should be defined, there­ are received from other pool plants. Norwood, and for Hamilton County, the fore, to include a dairy farmer who pro­ The application of other order provisions State of Ohio. Each of these segments duces milk on a dairy farm which is will be simplified by excluding from of the marketing area has adopted approved by a duly constituted health other source milk Class II products re­ health ordinances patterned after the authority for the production of milk for ceived from other pool plants, and man­ standard ordinance and code of the U. S. fluid disposition, which milk is received ufactured products which are disposed Public Service. These ordinances pre­ at a pool plant and is permitted by the of or may be purchased or manufactured scribe standards for the production and duly constituted health authority having and carried in inventory but which are handling of milk and the requirements jurisdiction in the marketing area to be not used in the plant during the month. the milk must meet to be labeled as labeled and disposed of as Grade A min? To include Class H products from other Grade A milk. All milk disposed of for in the marketing area. The definition pool plants and inventories of Class H I fluid consumption to consumers in the should exclude a dairy f armer who may products in the receipt and utilization marketing area is requiredsto meet1 these deliver milk directly to distributing Grade A standards. report would unnecessarily complicate plants located in the marketing area, if the transfer and allocation procedures It is the practice of some of the health such dairy farmer does not hold a permit and could result in duplicating compen­ authorities having jurisdiction in the issued by the responsible health au­ satory payment charges on transfers of marketing area to permit milk from other thority having jurisdiction in the mar­ such milk between pool plants. approved Grade A sources to be used for keting area. All Class II products from nonpool fluid disposition in the marketing area That portion of the definition of a pool plants and other manufactured products without inspecting individual farms or plant which applies to supply plants included in Class H I milk, such as stor­ issuing permits to the individual dairy should be clarified in accordance with age cream, evaporated or condensed farmers. The actual farm inspections the recommended change in the defini­ milk, dry milk solids and the like, which are conducted by_the health authorities tion of a producer. are reprocessed, repackaged or in any in the areas where the plants supplying A definition of “producer mille” is use­ way converted into another product dur­ such milk are located. I f the plant sup­ ful in drafting the order to refer to that ing the month, should be accounted for plying such milk meets the pool plant milk which is to be priced and the pro­ as other source milk, the same as pro­ requirements of the order, it would be ceeds from the sale of which is to be vided by the present definition. Al­ unreasonable to exclude such dairy farm­ included in the marketwide pooling ar­ ers as producers under the order merely - though only products which are used rangement. The definition of producer during the month are to enter into the 8 PROPOSED RULE MAKING classification and allocation procedure been included in the pool discontinued producer receipts were in the following for the month, other provisions of the selling milk in the marketing area during relationship to Class I sales during se­ order require the .handler to maintain 1956. lected periods: such accounts and records of his opera­ This changed seasonal pattern of pro­ Percent tions as are necessary for the market ad­ duction, in conjunction with a relatively •producer ministrator to ascertain the utilization stable seasonal pattern of Class I utiliza­ receipts are of of all skim milk and butterfat received tion has caused the supply-demand ad­ Class I at a pool plant during the month. It juster to increase Class I prices during Period: sales will be necessary, therefore, for handlers some of the flush production months of September 1954-August 1955_____ 159 to keep records of stocks, production, re­ the spring and summer and to. reduce September 1955-August 1956_____ 149 ceipts and disposition of such products in adjustments in the shorter production September 1955-August 1957______IZ i order for the market administrator to months of the fall and winter. This, of October-December 1954______127 verify the reported use of such products course, works counter to the fall incen­ October-December 1955______121 October-December 1956______134 during the month. The definition of tive payment plan in encouraging a more August 1956______:______162 other source milk proposed herein will even seasonal pattern of production and August 1957____ 159 not change the method of accounting in bringing market supplies more in line that has been found necessary for butter- with fluid milk requirements. This pay­ The Class I utilization percentage fat in this market under the present ment plan was made effective in the Cin­ should be revised to include all Class I order. cinnati market, May 1, 1955. While it milk. At the present time, milk used in A definition for “ Chicago butter is not the purpose of the supply-demand fluid cream, Class I products in fluid form price” should be added to the order. The adjuster to encourage a more even sea­ containing eight percent or more butter- addition of this definition will not change sonal pattern of production, it should not fat and unaccounted for milk in Class I, the intent of the present order but its work counter to such adjustments. Also, are not included in the Class I utilization application will facilitate the drafting of unless the supply-demand adjuster is percentage. Inclusion of this milk in other order provisions. “neutral” with respect to seasonal move­ the current utilization percentage would 2. The supply-demand adjuster should ments, its effectiveness in performing its make a more representative sample of be revised to conform with the more even primary functions of adjusting the Class the fluid milk requirements of the mar­ seasonal pattern of producer milk deliv­ I price in response to changes in the level ket, thereby facilitating more accurate eries in the Cincinnati market and to in­ of supply in relation to market require­ and appropriate Class I price adjust­ clude all Class I milk in the base and ments will be dampened. It is concluded, ments under the supply-demand provi­ current-month Class I utilization per­ therefore, that the base utilization per­ sions. The use of total Class I milk also centages. centages should be revised to reflect the will simplify the determination of the The seasonal pattern of producer milk shift in the seasonality of producer milk current utilization percentage. The base deliveries to the Cincinnati market has receipts. utilization percentages should be ad­ changed since the base utilization per­ A proposal to increase the difference justed therefore to reflect the inclusion centages of the present supply-demand between the minimum and maximum of the additional milk in the Class I utili­ adjuster were adopted. A larger pro­ base utilization percentages and lower zation percentage. In view of the above portion of the annual supply of producer the minimum percentages should not be stated considerations, it is concluded milk is being delivered during the fall adopted. Elimination of contraseasonal that the following base utilization per­ and winter months and a smaller pro­ price adjustments should be dependent centages should be adopted: portion during the spring and summer upon the seasonal variation of the base months. utilization percentages conforming to the Base utilization Month for which price la percentage Data on receipts and Class I sales are seasonal variation of the Class I utiliza­ being computed contained in the record of hearing tion percentages. Even though absolute through March of 1957. The use of data negative adjustments may be eliminated Minimum Maximum which have become available since that by increasing the spread between the minimum and maximum percentages or 67 69 time will contribute to the determination 66 68 of a more representative seasonal rela­ by lowering the minimum relative to the 66 68 tionship between receipts and sales. For maximum, supply-demand adjustments 67 69 63 65 that reason, receipts and sales data for will be greater at some seasons of the 60 62 April through August 1957 also have been year than at others, unless seasonality 53 55 49 51 used in this analysis. The source of of the base percentages conforms to the ' 48 50 these data is the monthly releases of the normal seasonality of the Class I per­ 51 53 centages. Except for the contraseasonal 58 60 market administrator for the Cincinnati, 63 65 Ohio, milk marketing area for the period price adjustments, the supply-demand April through August 1957, entitled “Uni­ adjuster has not produced erratic or un­ form Price Computation”, of which of­ warranted adjustments. Therefore, to These values take into account the ex­ ficial notice is hereby taken. increase the spread between the mini­ isting seasonal pattern of production and For the years 1954-55, the average mum and maximum and lower the mini­ the effect of including all Class I milk in monthly receipts of producer milk during mum would serve only to reduce the the Class I utilization percentage. In the months of October through Decem­ over-all effectiveness of the supply- view of the improvements made since ber (the months of lowest production in demand adjuster in adjusting Class I installation of the Louisville Plan, they relation to Class I sales) were equal to 84 prices promptly to promote the desired also allow for some further evening of percent of the average monthly receipts alignment between producer receipts and the seâsonal pattern of production. The of the two-year period, and for the fluid milk requirements, particularly proposed base utilization percentages are months of May through July, 120 per­ when receipts are high relative to fluid intended to result in approximately the cent. During the October-December, milk requirements. same average annual Class I price ad­ 1956 period and the May-July, 1956 The average level of the present base justments as would be provided by the period, average monthly receipts consti­ utilization percentages is at the proper present order. The proposed schedule tuted 93 and 116 percent, respectively, of level to reflect necessary adjustments in would have added to the pool value be­ average monthly receipts of the same Class I prices in relation to the fluid milk tween 10 and 11 cents per hundredweight two-year period. For the years 1955, requirements of the market. Prices es­ of producer milk classified in Class I milk tablished thereunder have brought forth during the 12-month period August 1956- 1956, and 1957 average monthly receipts July 1957. The amount added by the for January and February were 72, 74, an adequate supply of milk, not only for the Class I requirements of the market, present schedule is in this same range. and 77 percent, of average monthly re­ but also for Class I I milk. On the basis Basic formula prices. The butter- ceipts for May through July. All of these of market data adjusted to include only nonfat dry milk solids formula used in comparisons are based on receipts and receipts and sales at those plants which the basic formula should be revised. sales at plants which were in operation were in the pool for the entire period The Class I price is composed of the during the entire period since January September 1954-August 1955 and to re­ basic formula price and a fixed differen­ 1954. Two plants which formerly had flect the present system of classification, tial, which is adjusted by the supply- Wednesday, January 1, 1958 FEDERAL REGISTER 9

demand adjuster. The basic formula is class prices or for other purposes is not At the time of the hearing, three coun­ designed to reflect the value of milk used available. A particular price quotation try pool plants supplied milk to the mar­ in manufacturing, thereby reflecting required under the provisions of the or­ keting area. These plants are all located changes in fluid milk prices which con­ der may be discontinued or not available within a 110 mile radius of Cincinnati, form to changes in manufacturing milk in the manner or at the time described No evidence was presented which would prices. The fixed differential is designed by the order. Should such contingencies indicate that the present location ad­ to reflect the additional incentive neces­ materialize, equivalent pricing will per­ justment rate of 15 cents at each of these sary to obtain the production and deliv­ mit the intent of the pricing provisions plants should be changed. Since a sub­ ery of the fluid milk requirements of the of the order to be carried out without stantial portion of the cost of moving market. interruption until the order can be milk within this relatively short distance Under the present order, the basic amended. is not associated with the distance the formula price is the higher of the average No testimony was presented on a pro­ milk is moved, it is reasonable to have price paid by a group of midwest con- posal contained in the notice of hearing the 15-cent rate apply to all plants lo­ denseries or the price yielded by a for­ for separate pricing of milk used to pro­ cated more than 45 miles but less than mula designed to reflect the value of milk duce cottage cheese disposed of outside 110 miles from the City Hall in Cincin­ used in the manufacture of butter and the marketing area. The proposal, nati. For plants located greater dis­ nonfat dry milk. Dry skim milk pro­ therefore, is denied. tances from Cincinnati, the rate should duced by the spray process and the roller 3. A schedule of location adjustments be increased one and one-half cents for process, at present, receive equal weight applicable to milk received at pool plants each additional 10 miles or portion there­ in determining the formula value of skim should be established in relation to the of that the plant is located more than 110 milk. However, during recent years, the distance the plant is located from Cin­ miles from the City Hall. The rate of production of dry skim milk by the spray cinnati. 1.5 cents for each additional 10 miles process has increased each year relative The present order provides for a loca­ approximates the cost of moving milk to production by the roller process and tion differential which is credited to han­ such distances to the marketing area by at the present time, makes up about 90 dlers with respect to. milk (a) received efficient means and conforms closely to percent of total production. and utilized at a pool plant located more the rate applied under other Federal Also, there has been a slight upward than 45 miles from the City Hall as any orders. < trend in the spread between the prices items of Class I and Class H milk or 4. The provisions applicable to par­ of the two^ types of nonfat dry milk. (b) which is moved from such pool plant tially regulated plants and provisions for During the period 1949-1952, the average to a pool plant located less than 45 miles dealing with plants subject to another annual price of spray process exceeded from the City Hall in Cincinnati in the Federal order should be clarified. the average annual price of roller process form of a fluid milk product or as con­ The présent order provides that a by 1.67 cents per pound, while during densed skim milk or frozen cream. In plant located outside the marketing area the period 1953-1956, the spray process the case of such movements to pool and which distributes milk inside the was higher by an average of 2.11 cents plants, the differential allowed is limited marketing area but in an amount less per pound. The average increase in the to that portion of product moved which than 10 percent of the entire route dis­ price of spray relative to the price of is allocated to Class I and Class I I utili­ tribution from such plant is a nonpool roller has been accompanied by consid­ zation in the transferee plant after first plant. The operators of such nonpool erable variation from year to year. Dur­ subtracting receipts of producer milk at plants are required to make reports of ing the 1949-1952 period, the amount by such plant. Under the present provision, their receipts and utilization to the mar­ which the price of spray exceeded the the credit on movements between plants ket administrator each month and are price of roller ranged from 1.43 cents may be allowed to the receiving plant subject to audit. On the Class I milk per pound on an annual basis to 1.93 to the extent that such credit does not disposed of inside the marketing area, cents. During the 1953-1956 period, the exceed the obligation of the receiving a compensatory payment is required to range was from 1.79 to 2.66 cents. handler to the producer-settlement fund be made to the producer-settlement fund. It is concluded, therefore, that the for the month. Uniform prices to pro­ The findings and conclusions issued at average price of spray and roller process ducers at pool plants so situated are the time compensatory payments were nonfat dry milk should be replaced by adjusted by the same rate. incorporated in the order (19 F. R. 3475>. the price of spray process in the butter- Under the present provision, Class I, stated that milk from plants which are dry milk element of the basic formula. Class II and uniform prices to producers subject to the pricing provisions of an­ The revised formula will yield prices at pool plants located at considerable other order should be exempt from such which more nearly represent changes distances from the marketing area would payments. Provision for such exemption in the value of milk used to produce but­ be the same as the corresponding prices was made with respect to other source ter and dry milk solids. at plants located just outside the 45-mile milk received at pool plants from plants However, as previously concluded radius. On milk received from producers regulated by another order but such ex­ under this issue, the present level of the at distant pool plants, the handler as­ emption was inadvertently omitted in Class I price is appropriate. Without sumes the cost of moving the milk from the case of nonpool plants which are some further confroming change, the the plant to marketing area plants or in subject to regulation under another or­ proposed change in the butter-nonfat packaged form to retail and wholesale der. In view of the stated intent, no pay­ dry milk formula could have the im­ outlets in the marketing area. In con­ ments have been enforced on milk dis­ mediate effect of increasing the level of trast, the entire cost of moving milk from posed of in the marketing area by such Class I prices. Since the butter-nonfat farms to plants located within the 45- plants. dry milk formula is only one of the al­ mile radius is borne by producers. Producers proposed that payments on ternative elements of the basic formula, Milk at farms or at plants has a pro­ milk distributed in the marketing area and since its primary function is to re­ gressively lower value to the market as from pilants subject to another order be flect changes in manufacturing milk such farms or plants are located farther required at the difference between the prices rather than the absolute level, it from the market. The difference in Class I price under the Cincinnati order is necessary to provide a conforming value is related directly to the cost of and the Class I price under the order to change in this formula. Although other transporting the milk from the respective which such milk is subject to regulation. methods could be used, it is concluded The minimum prices for Class I milk this change can be made most con­ locations to the market. It is econom­ ically sound and necessary to recognize under other Fedral orders which would veniently and appropriately by increas­ regulate any nonpool plants which might such differences in value at pool plants ing the five and one-half cents which reasonably be expected to distribute milk are deducted from the price of nonfat to promote equality in cost of milk among in the Cincinnati marketing area are nry milk in the present formula to six pool plants and returns for milk among equal to or exceed the Cincinnati Class I and four-tenths cents. producers. This should be accomplished price as adjusted by the Class I location Equivalent prices. Provision should by a schedule of location adjustments differential applicable at pool plants of be made for the use of an equivalent applying at distant plants in accordance price, if, for any reason, a price quota­ the same location. Handlers operating with their location with respect to the plants subject to such other Federal or­ tion required by the order for computing marketing area. No. l ------2 ...... ders are required to pay the respective 10 PROPOSED RULE MAKING order Class I prices for all milk disposed delivering their excess milk to pool to 2.0 percent for both skim milk and of on routes in the Cincinnati marketing plants during the flush production sea­ butterfat. This is in accordance with area. They would not be in a position son. The revised definition of a producer the experience at most pool plants and to purchase milk for such disposition, as recommended herein should greatly is reasonable for this market. This fig­ therefore, at a competitive advantage reduce this latter possibility. As dis­ ure and the practice of a maximum al­ over Cincinnati pool plants. Further­ cussed under Issue No. 2, considerable lowance on skim milk has been adopted more, if for some reason, plants sub­ progress has been made under the fall under most other Federal orders. ject to other Federal orders have a com­ incentive plan in obtaining more even The explicit accounting for skim milk petitive advantage over a period of time production in the relatively short period and butterfat, separately, and the appli­ in the procurement of milk for sale in of time since it became effective. Addi­ cation of the skim milk equivalent basis the Cincinnati marketing area, the prob­ tional time is needed, before the final de­ of accounting for all concentrated skim lem fundamentally would be one of es­ gree of effectiveness can be appraised milk products used during the month tablishing the proper alignment in Class and the need for additional means of (other source milk) necessitates a revi­ I prices between markets. No compensa­ evening the seasonal pattern of produc­ sion in the method of allocating total tory payments, therefore, should be re­ tion determined. It is concluded, there­ plant shrinkage between producer milk quired on milk distributed by nonpool fore, that producers’ proposal should be and other source milk. Because skim plants in the Cincinnati marketing area denied at this time. milk and butterfat is accounted for in which is classified and priced as Class I 6. The entire order should be re­ Class n and Class III milk products on a milk under another Federal milk market­ drafted to provide for reporting and ac­ used to produce basis, shrinkage involved ing order. counting for skim milk and butterfat, in manufacturing such products is in­ Under the present pool plant defini­ separately, to add more specificity in cluded in the amount of skim milk and tion of the Cincinnati order, plants at the provisions with respect to the report­ butterfat reported in such uses. Under which the milk of dairy farmers is priced ing and accounting for milk and to in­ this accounting system, the shrinkage by another Federal order are excluded as corporate a number of conforming and experienced by handlers, therefore, is pool plants. It is possible that a plant clarifying changes. confined primarily to losses incurred in could be subject to another Federal order Most of the provisions of the present receiving bulk fluid milk and in proc­ and exempt from regulation under the order with respect to reporting, classifi­ essing milk for Class I disposition. To Cincinnati order even though a major cation and allocation are written in determine the respective amounts of "portion of its Class I milk disposition terms of milk and butterfat. Some pro­ shrinkage on producer milk and other may be made in the Cincinnati market­ visions are written in terms of skim source milk, therefore, total shrinkage ing area. It is reasonable and economi­ milk and butterfat. The present lan­ should be prorated between receipts of cally sound that a plant should be regu­ guage fails to provide for explicit producer milk and other source milk re­ lated under the order for the marketing accounting for skim milk. These pro­ ceived in the form of a fluid milk product area where the largest portion of the visions should be redrafted and brought in bulk. plant’s Class I milk is disposed of. Such into conformance with good accounting All other provisions of the order should a determination should be made on the practice and the procedures followed in be redrafted where necessary to incor­ basis of sales over a period of time to orders generally by applying separate ac­ porate conforming changes and make reduce the possibility of subjecting plants' counting for skim milk and butterfat. editorial changes for the purpose of to different orders from month to month Condensed skim milk, dry skim milk clarification. under situations where nearly equal and other products from which some of Rulings on proposed findings and con­ amounts of milk are supplied to the Cin­ the water contained in skim milk is re­ clusions. Briefs were filed on behalf of cinnati and other marketing areas. A moved are manufactured in pool plants. certain interested parties in the market. reasonable basis for this determination is Some of these products are reused in the These briefs and the evidence in the rec­ sales during the current and each of the plant where produced »or disposed of to ord were considered in making the find­ immediately preceding three months. A other pool plants. Operators of other ings and conclusions set forth above. To new section, therefore, § 965.92 incor­ pool plants may purchase skim milk the extent that thé suggested findings porating these conclusions should be solids from outside sources. Such solids and conclusions set forth in the briefs added to the order. The proposed lan­ may be used for reconstituting certain are inconsistent with the findings and guage will avoid jurisdictional questions fluid milk products or to fortify skim conclusions set forth herein, the requests which could result under the present lan­ milk drinks. The pounds of skim milk to make such findings or reach such con­ guage contained in this and in some disposed of in any reconstituted or forti­ clusions are denied for the reasons pre­ other orders. fied fluid milk product should be ac­ viously stated in this decision. ft 5. The quota plan for distributing to counted for as as amount equal to the General findings, (a) The tentative producers the proceeds from the sale of nonfat milk solids contained in such marketing agreement and the order, as their milk should not be adopted at this product plus the water content normally hereby proposed to be amended, and all time. associated with such solids in the form of the terms and conditions thereof, will t Producers proposed that a quota (base of whole milk. Receipts of skim milk tend to effectuate the declared policy of and excess) plan be adopted. Producers in concentrated form also should be ac­ the act; are presently paid on the basis of a fall counted for in this manner. This (b) The parity prices of milk as deter­ incentive plan whereby a certain rate per method of accounting promotes uni­ mined pursuant to section 2 of the act hundredweight of producer milk is set formity in the cost of skim milk among are not reasonable in view of the price aside from the marketwide pool value of handlers in accordance with its class of feeds, available supplies of feeds, and milk during the flush production season usage and is necessary to effectuate the other economic conditions which affect and distributed to producers on the basis established principle of allocating cur­ market supply and demand for milk in of their deliveries during the short pro­ rent receipts of producer milk to the the marketing area, and the minimum duction season. This plan, having been higher-priced utilizations to the fullest prices specified in the proposed market­ adopted May 1 ,195S, has been in opera­ extent that current receipts from pro­ ing agreement and the order, as hereby tion for only two years. It was the in­ ducers are available to supply such uses. - proposed to be amended, are such prices tention of proponents to have the quota This procedure has been followed in this as will reflect the aforesaid factors, in­ plan work in conjunction with the fall market in order to carry out the intent sure a sufficient quantity of pure and incentive plan but not replace it. Both of the present order and, in redrafting wholesome milk, and be in the public the fall incentive plan and the quota the order provisions, should be specified. interest; and plan have the common objective of de­ The present order provides for classify­ (c) The tentative marketing agree­ creasing seasonal variation of producer ing shrinkage on butterfat as Class III ment and the order, as hereby proposed milk receipts. Producers contended that milk up ta 2.5 percent of the receipts of to be amended, will regulate the han­ the addition of a quota plan with each butterfat in producer milk. No maxi­ dling of milk in the same manner as, producer assigned a quota or base would mum shrinkage allowance is provided on and will be applicable only to persons be more effective in promoting more even skim milk in producer milk. in the respective classes of industrial production and would reduce the possi-' The maximum amount of shrinkage on and commercial activity specified in, a bility of dairy farmers from other mar­ producer milk which may be accounted marketing agreement upon which a kets sharing in the marketwide pool by for in Class in milk should be reduced hearing has been held. Wednesday, January 1,1958 FEDERAL REGISTER 11

Rulings on exceptions. In arriving at Sec. sions of the Agricultural Marketing the findings and conclusions, and the 965.16 Chicago butter price. Agreement Act of 1937, as amended (7 regulatory provisions of this decision, MARKET ADMINISTRATOR U. S. C. 601 et seq.), and the applicable each of the exceptions received was 965.20 Designation. rules of practice and procedure govern­ carefully and fully considered in con­ 665.21 Powers. ing the formulation of marketing agree­ junction with the record evidence per­ 965.22 Duties. ments and marketing orders (7 CFR,: taining thereto. To the extent that the Part 900), a public hearing was held REPORTS, RECORDS, AND FACILITIES findings and conclusions, and, the regu­ upon certain proposed amendments to latory provisions of this decision are at 965.30 Monthly reports of receipts ' and the tentative marketing agreement and variance with any of the exceptions, utilization. to the order regulating the handling of such exceptions are hereby overruled for 965.31 Other reports. 965.32 Verification of handler reports. milk in the Cincinnati, Ohio, marketing the reasons previously stated in this 965.33 Records and facilities. area. Upon the basis of the evidence decision. 965.34 Retention of records. introduced at si|ch hearing and the rec­ Marketing agreement and order. An­ ord thereof, it Is found that: nexed hereto and made a part hereof CLASSIFICATION (1) The said order as hereby amended, are two documents entitled, respectively, 965.40 Basis of classification. and all of the terms and conditions “Marketing Agreement Regulating the 965.41 Classes of utilization. thereof, will tend to effectuate the de­ Handling of Milk in the Cincinnati, 965.42 Shrinkage. clared policy of the act; 965.43 Transfers. Ohio, Marketing Area” , and “Order 965.44 Responsibility of handlers. (2) The parity prices of milk, as deter­ Amending the Order Regulating the 965.45 Computation of skim milk and mined pursuant to section 2 of the act, Handling of Milk in the Cincinnati, butterfat in each class. are not reasonable in view of the price of Ohio, Marketing Area” , which have been 965.46 Allocation of skim milk and butter- feeds, available supplies of feeds, and decided upon as the detailed and appro­ fat classified. other economic conditions which affect priate means of effectuating the fore­ MINIMUM, PRICES market supply and demand for milk in going conclusions. the said marketing area, and the mini­ It is hereby ordered, That all of this 965.50 Basic formula price. 965.51 Class prices, mum prices specified in the order as decision, except the attached marketing 965.52 Butterfat differentials to handers. hereby amended are such prices as. will agreement, be published in the F e d e r a l 965.53 Location differential to handlers. reflect the aforesaid factors, insure a R e g is t e r . The regulatory provisions of 965.54 Use of equivalent prices. sufficient quantity of pure and whole­ said marketing agreement are identical COMPUTATION OF UNIFORM PRICE some milk, and be in the public interest; with those contained in the order as (3) The said order as hereby amended, hereby proposed to be amended by the 965.60 Net obligation of each handler. regulates the handling of milk in the attached order which will be published 965.61 Computation of obligation to the pro­ same manner as, and is applicable only to with this decision. . ducer-settlement fund for handlers operating a fluid milk plant which persons in the respective classes of in­ Determination of representative pe­ is not a pool plant* dustrial or commercial activity specified riod. The month of November 1957 is 965.62 Correction of errors. in, a marketing agreement upon which hereby determined to be the represent­ 965.63 Computation of uniform prices. a hearing has been held. ative period for the purpose òf ascer­ PAYMENTS FOR MÎLK Order relative to handling. It is there­ taining whether the issuance of the attached order amending the order regu­ 965.70 Payments to producers. fore ordered that on and after the effec­ lating the handling of milk in the 965.71 Producer-settlement fund. tive date hereof, the handling of milk in 965.72 Payments to producer-settlement the. Cincinnati, Ohio, marketing area Cincinnati, Ohio, marketing area, is ap­ fund. proved or favored by producers, as de­ shall be in conformity to and in com­ 965.73 Payments from producer-settlement pliance with the terms and conditions fined under the terms of the order as fund. hereby proposed to be amended, and of the aforesaid order, as hereby 965.74 Butterfat differential to producers. amended, and the aforesaid order is who, during such representative period, 965.75 Location differentials to producers. were engaged in the production of milk 965.76 Expense of administration. hereby amended as follows: for sale within the aforesaid m arketing 965.77 Marketing services. DEFINITIONS area. 965.78 Termination of obligation. § 965.1 Act. “Act” means Public Act Issued at Washington, D. C., this 27th EFFECTIVE TIME, SUSPENSION OR No. 10, 73d Congress, as amended and as TERMINATION day of December, 1957. reenacted and amended by the Agricul­ 965.80 Effective time. tural Marketing Agreement Act of 1937, [ seal] T r u e D. M orse, 965.81 Suspension or termination. as amended (7 U. S. C. 601 et seq.). Acting Secretary. 965.82 Continuing power and duty of the Order1 Amending the Order Regulating market administrator. § 965.2 Secretary. “ Secretary” means 965.83 Liquidation after suspension or ter­ the Secretary of Agriculture of the the Handling of Milk in the Cincinnati, mination. Ohio, Marketing Area United States or any other employee of the United States authorized to exercise Sec. MISCELLANEOUS PROVISIONS the powers and to perform the duties of 965.0 Findings and determinations. 965.90 Agents. 965.91 Separability of provisions. the said Secretary of Agriculture. DEFINITIONS 965.1 Act. 965.92 Plants subject to other Federal or­ § 965.3 Cincinnati, Ohio, marketing ders. 965.2 Secretary. area. “Cincinnati, Ohio, marketing 965.3 Cincinnati, Ohio, marketing area. A u t h o r it y : §§ 965.0 to 965.92 issued under area,” hereinafter called the “marketing 965.4 Person. sec. 5, 49 Stat. 753, as amended; 7 U. S. C. area,” means the City of Cincinnati,1 965.5 Route. 608c. Ohio, and the territory geographically, 965.6 Fluid milk plant. included within the boundary lines of 965.7 Pool plant. § 965.0 Findings and determinations. 965.8 Nonpool plant. The findings and determinations herein­ Hamilton County, Ohio. 965.9 Dairy farmer. after set forth are supplementary ?nd § 965.4 Person. “ Person” means any 965.10 Producer. in addition to the findings and determi­ 965.11 Handler. individual, partnership, corporation, as-* nations previously made in connection sociation, or any other business unit. 965.12 Producer milk. yrtth the issuance of the aforesaid order 965.13 Producer-handler. and of the previously issued amendments § 965.5 Route. “Route” means a de—j 965.14 Other source milk. livery (inclûding a sale from a store) of 965.15 Fluid milk product. thereto ; and all of said previous findings and determinations are hereby ratified milk, buttermilk,, flavored milk drinks,1 and affirmed, except insofar as such find­ or cream in fluid form to a wholesale or This order shall not become effective un­ retail stop(s) other than to a milk proc­ less and until the requirements of § 900.14 of ings and determinations may be in con­ the rules of practice and procedure govern­ flict with the findings and determina­ essing plant(s). ing proceedings to formulate marketing tions set forth herein. § 965.® Fluid milk plant. “ Fluid milk agreements and marketing orders have been (a) Findings upon the basis of theplant” means a plant or other facilities hearing record. Pursuant, to the provi­ used in the preparation or processing of 12 PROPOSED RULE MAKING \ Tnilk all or a portion of which is disposed ing the month to a nonpool plant for from pool plants but including products of during the month on a route(s) oper­ the account of a handler as defined in other than Class II products produced at ated wholly or partially in the market­ § 965.11 (b ), if such milk is from a dairy the pool plant), which are reprocessed, ing area. farmer whose milk previously has been repackaged, or converted to another received at a pool plant: Provided, That product during the month or for which § 965.7 Pool plant. “Pool plant” this definition shall not include any other utilization or disposition is not means a milk plant, other than a plant dairy farmer whose milk is delivered to established pursuant to § 965.33. operated by a producer-handler, which a pool plant defined pursuant to § 965.7 is: § 965.15 Fluid milk product. “ Fluid (a) and who does not hold a permit is­ milk product” means the fluid form of (a) A fluid milk plant located in the sued by the health authority in the mar­ marketing area; milk, skim milk, buttermilk, flavored keting .area having the responsibility milk, milk drink, cream (sweet, cultured, (b) A fluid milk plant located outside for farm approval. the marketing area and from which, not sour, or whipped), eggnog, concentrated less than 10 percent of the entire route § 965.11 Handler. “ Handler” means milk and any mixture of milk, skim milk disposition of Class I milk from such (a) any person who operates (1) a pool or cream (except frozen storage cream, plant during the month is disposed of plant; or (2) a fluid milk plant which is aerated cream in dispensers, ice cream on a route (s) operated wholly or par­ a nonpool plant; or and frozen dessert mixes, and evaporated tially within the marketing area; or (b) Any cooperative association withor condensed milk). (c) A plant which receives milk from respect to the milk of any producer § 965.16 Chicago butter price. “ Chi­ persons described in § 965.10 (a) and which is diverted to a nonpool plant by cago butter price” means the simple from which an amount of milk or skim the cooperative association during the average, as computed by the market ad­ milk in fluid form has been moved to a m6nth. ministrator, of the daily wholesale selling plant(s) described in paragraph (a) or § 965.12 Producer milk. “ Producer prices (using the midpoint of any range (b) of this section equal to not less than milk” means only that skim milk and as one price) per pound of Grade A (92- one percent of the total Class I utilization butterfat contained in milk (a) received score) bulk creamery butter at Chicago Of all plants described in paragraphs (a) at a pool plant directly from producers as reported for the month by the United and (b) of this section during the second during the month, or (b) diverted from States Department of Agriculture. month preceding such movement, as a pool plant to a nonpool plant pursuant MARKET ADMINISTRATOR specified in the following schedule: to the conditions set forth in § 965.10 ( c ) : Months Plant Is Pool Plant Provided, That if such diverted milk is § 965.20 Designation. The agency for the administration of this part shall be a Months milk is moved: from a producer whose milk was physi­ One of the months of November. cally received from the farm at a pool market administrator, who shall be a October and Novem­ plant located less than 45 miles from the person selected by the Secretary. Such ber. City Hall in Cincinnati on (1) 60 per­ person shall be entitled to such compen­ Two of the months of December. cent or more of the days of its delivery sation as may be determined by, and October, November, during the immediately preceding period shall be subject to removal at the dis­ and December. of .September through December or (2) cretion of, the Secretary. Three of the months of January through O c t o b e r , November, October. 60 percent or more of the days of its de­ § 965.21 Powers. The market admin­ December and Janu­ livery from the date of first delivery to istrator shall have the following powers ary. the last day of February in the immedi­ with respect to this part: ately preceding period of September Provided, That upon written request to (a) To administer its terms and pro­ through February, such milk shall be visions ; the market administrator by the operator deemed to have been received by the of a plant which is a pool plant pursuant (b) To receive, investigate and report handler at a pool plant at the same lo­ to the Secretary complaints of violations ; to this paragraph for the discontinuance cation as the pool plant from which it of such plant as a pool plant, such plant (c) To make rules and regulations to was diverted. Diverted milk not meet­ effectuate its terms and provisions; and shall cease to be a pool plant in the first ing the conditions specified in subpara­ month, following such request, during (d) To recommend amendments to the graph (1) or (2) of this paragraph shall Secretary. which no milk is moved to a plant de­ be deemed to have been received- by the scribed in paragraph (a) or (b) of this handler at a pool plant at the same lo­ § 965.22 Duties. The market admin­ section and shall not become a pool plant cation as the nonpool plant to which the istrator shall perform all duties neces­ until such plant again meets the require­ milk is diverted. sary to administer the terms and provi­ ments for a pool plant pursuant to this sions of this part, Including but not lim­ paragraph. § 965.13 Producer-handler. “ Pro­ ited to, the following: ducer-handler” means any person who (a) Within 45 days following the date § 965.8 Nonpool plant. “Nonpool is both a dairy farmer and a handler, but plant” means any milk manufacturing, on which he enters upon his duties, exe­ who receives no milk from other dairy cute and deliver to the Secretary a bond, processing or bottling plant other than farmers: Provided, That such person a pool plant. conditioned upon the faithful perform­ provides proof satisfactory to the market ance of his duties, in an amount and with § 965.9 Dairy farmer. “Dairy farm­ administrator that (a) the maintenance, surety thereon satisfactory to the Secre­ er” means any person who is engaged care and management of all the dairy tary; in the production of milk. animals and other resources necessary to (b) Employ and fix compensation of produce the entire amount of milk han­ § 965.10 Producer. “Producer” such persons as may be necssary to en­ dled is the personal enterprise of and at able him to administer its terms and pro­ means a dairy farmer, other than a the personal risk of such person in his producer-handler, who produces milk on visions; capacity as a dairy farmer, and (b) the Cc) Pay, out of the fund provided by a dairy farm which is approved by a operation of a fluid milk plant is the per­ duly constituted health authority for the § 965.76, the cost of his bond and of the sonal enterprise of and at the personal bonds of those of his employees who han­ production of milk for fluid disposition risk of such person in his capacity as a and which milk is: dle funds entrusted to the market ad­ handler. (a) Permitted by the duly constituted ministrator, his own compensation, and health authority having jurisdiction in § 965.14 Other source milk. “ Other all other expenses which will necessarily the marketing area to be labeled and dis­ source milk” means all skim milk and be incurred by him in the maintenance posed of as Grade A milk in the mar­ butterfat contained in or represented by and functioning of his office and in the keting area; and (a) receipts during the mQnth in the performance of his duties; (b) Received during the month at a form of fluid milk products except (1) (d) Keep such books and records as pool plant; or producer milk, (2) such products re­ will clearly reflect the transactions pro­ (C) Either: '(1 ) Diverted during any ceived from other pool plants, and (3) vided for in this part, and surrender the of the months of March through August inventory of fluid milk products at the same to his successor or to such other from a pool plant to a nonpool plant beginning of the month; and (b) prod­ person as the Secretary may designate; for the account of a handler as defined ucts other than fluid milk products from (e) Publicly disclose to handlers and in § 965.11 (a) (1 ); or (2) diverted dur­ any source (except Class I I products producers, unless otherwise directed by Wednesday, January 1, 1958 FEDERAL REGISTER 13

the Secretary, the name of any- person advance payment to such producer made of in the form of a fluid milk product, who, within ten days after the date upon pursuant to § 965.70 and the nature and except as provided in subparagraphs (c) which he is required to perform such amount of deductions and charges made (2) and (3> of this section, and (2) not acts, has not made reports pursuant to by the handler; and accounted for as Class IX milk or Class § 965.30 or has not made payments pur­ (e> The name and address of each new H I milk; suant to §§ 965.70 and 965.72; producer. (b) Class I I milk. Class I I milk shall (f) Promptly verify the information be all skim milk and butterfat (1) used contained in the reports submitted by § 965.31 Other reports. Each handler who operates a fluid milk plant, which is to produce ice cream, ice cream mix, handlers; frozen desserts, milk (or skim milk) and (g) Furnish such information and a nonpool plant shall make reports to the market administrator at such time cream mixtures disposed of in containers verified reports as the Secretary may or dispensers under pressure for the pur­ request and submit his books and records and in such manner as the market ad­ ministrator may request. pose of dispensing a whipped, or aerated to examination by the Secretary at any product, and cottage cheese; and (2) and all times; § 965.32 Verification of handler re­ ending inventories of fluid milk prod­ (h) Publicly announce, by posting in ports. Each handler shall make avail­ ucts; and a conspicuous place in his office and by able to the market administrator or to (c) Cmss III milk. Class II I m ilk such other means as he deems appro­ his agent, or to such other person as the shall be all skim milk and butterfat (1) priate, the prices determined for each Secretary may designate, those records used to produce butter, frozen cream, month as follows: which are nécessary for the verification spray and roller process nonfat dry milk (1) On or before the 5th day after the of the information contained in the re­ solids, all cheese < other than cottage end of such month, the minimum class ports submitted pursuant to §§ 965.30 and cheese), and evaporated and condensed prices computed pursuant to § 965.51 and 965.31, and those facilities which are milk (or skim milk) either in bulk or in the butterfat differentials computed pur­ necessary for the sampling, weighing, hermetically sealed cans; (2) specifically suant to § 965.52; and and testing of the milk of each producer. accounted for as dumped, spilled or dis­ (2) On or before the 20th day after posed of jfor animal feed; (3) disposed the end of such month the uniform prices § 965.33 Records and facilities. Each handler required to make reports to the of in bulk during the months of March computed pursuant to § 965.63, and the through August, inclusive, as milk, skim producer butterfat differential com­ market administrator shall maintain, and make available to the market admin­ milk, or cream to any commercial food puted pursuant to § 965,74; processing establishment where food (i) On or before the 13th day after istrator during the usual hours of busi­ ness, such accounts and records of his products are prepared only for consump­ the end of each month: tion off the premises; (4) actual plant (1) Notify each handler of his net operations and such facilities as in the opinion of the market administrator are shrinkage allocated to producer milk obligation pursuant to §§ 965.60 and pursuant to § 965.42 but not in excess 965.61 and of any adjustments pursuant necessary to verify reports, or to ascer­ tain the correct information with respect of 2 percent of such receipts of skim to § 965.62; and milk and butterfat, respectively; and (5) (2) Report to each cooperative asso­ to (a) the receipts and utilization of all skim milk and butterfat received, includ­ actual plant shrinkage allocated to ciation the amount and class utilization other source milk pursuant to § 965.42. of milk caused to be delivered by such ing all milk products received and dis­ association, either directly or from pro­ posed of in the same form; (b) the § 965.42 Shrinkage. The market ad­ ducers who have authorized such asso­ weights and tests for butterfat, and for ministrator shall allocate shrinkage at ciation to receive payments for them un­ other contents, of all milk and milk prod­ the handler’s pool plant(s) as follows: der § 965.73 (b ), to each handler to whom ucts handled; and (c) payments to pro­ (a) Compute the total shrinkage of the cooperative association sells milk. ducers and cooperative associations. skim milk and butterfat, respectively; and For the purpose of this report the milk § 965.34 Retention of records. All so received shall be prorated to each books and records required under this (b) Prorate the resulting amounts be­ class in the proportions that the total part to be made available to the market tween receipts of skim milk and butter­ receipts of milk from producers by such administrator shall be retained by the fat, respectively, in producer milk and handler were used in each class. handler for a period of three years to other source milk received in the form (j) Prepare and disseminate, for the begin at the end of the calendar month to of a fluid milk product in bulk. benefit of producers, consumers, and which such books and records pertain: § 965.43 Transfers. Skim milk and handlers, such statistics and information Provided, That if, within such three-year butterfat disposed of by a handler from concerning the operation of this part as period, the market administrator notifies a pool plant shall be classified: do not reveal confidential information. a handler in writing that the retention (a) As Class I milk if transferred to REPORTS, RECORDS, AND FACILITIES of such books and records or of specified the pool plant of another handler in the books and records, is necessary in con­ form of a fluid milk product, unless: § 965.30 Monthly reports of receipts nection with a proceeding under section (1) Utilization in another class is and utilization. On or before the 10th 8c (15) (A ) of the act or a court action day after the end of each month,, each claimed by the operators of both plants specified in such notice the handler shall in their reports submitted pursuant to handler shall report for such month to retain such books and records, or speci­ § 965.30; and the market administrator for each of his fied books and records, until further writ­ (2) The receiving plant has utilization pool plants, in the detail and on forms ten notification from the market admin­ prescribed by the market administrator in the claimed classification of an equiv­ istrator. In either case, the market ad­ alent amount of skim milk and butterfat, the following: ministrator shall give further written (a) The total pounds of skim milk and respectively, after making the assign­ notification to the handler promptly upon ments pursuant to § 965.46 (a) (1), (2), butterfat contained in or represented by: the termination of the litigation or when (1) Producer milk; and (3) and the corresponding steps of the records are no longer necessary in (b ): Provided, That if either or both (2) Fluid milk products received from connection therewith. other pool plants; plants have other source milk, the milk (3) Other source milk; and CLASSIFICATION skim milk or cream so transferred shali (4) Beginning and ending inventories be classified so as to allocate the highest- § 965.40 Basis of classification. The valued use classification available at both of fluid milk products. skim milk and butterfat which are re­ (b) The utilization of all skim milk plants to producer milk: And provided quired to be reported pursuant to § 965.30 further, That milk may be transferred in and butterfat required to be reported (a) shall be classified by the market ad­ pursuant to this section ; farm delivery containers from one pool ministrator, subject to the provisions of plant to another under the conditions of (c) Such other information with re­ §§ 965.41 through 965.46. spect to such receipts and utilization as this paragraph if both such plants are § 965.41 Classes of utilization. Sub­ pool plants pursuant to § 965.7 (a) or the market administrator may prescribe : (b>; (d) His producer payroll, which shall ject to the conditions set forth in §§ 965.43 and 965.44, the classes of utili­ (b) As Class I milk if transferred or show for each producer: (1) The total zation shall be as follows: diverted as milk, skim milk or cream in pounds of milk with the average butter­ (a) Class I milk. Class I milk shall be fluid form in bulk to a nonpool plant fat test thereof, (2) the amount of the all skim milk and butterfat (1) disposed located in Campbell County or Kenton 14 PROPOSED RULE MAKING

County, Kentucky, from which a route (s)' ceived at the pool plant (s) of each han­ (b) The price per hundredweight com­ is operated, unless: dler during the month as follows: puted by adding together the plus (1) The handler claims classification (a) Skim milk shall be allocated in the amounts calculated pursuant to subpara­ in another class and furnishes, on or be­ following manner: graphs (1) and (2) of this paragraph: fore the 10th day after the end of the (1) Subtract from the total pounds of (1) Multiply the Chicago butter price month to the market administrator, ty skim milk in Class I I I milk the pounds by 4.2; statement signed by all parties to the of skim milk in producer milk shrinkage (2) From the average of carlot prices transaction that such skim milk and assigned to Class II I milk pursuant to per pound for nonfat dry milk, spray butterfat was used in a lower priced § 965.41 (c) (4X; process, for human consumption f. o. b. class; (2) Subtract from the remaining ^manufacturing plants in the Chicago (2) Books and records are maintained pounds of skim milk in each class, in area, as published for the period from for the nonpool plant showing utilization series beginning with the lowest-priced the 26th of the immediately preceding of all skim milk and butterfat at such use available, the pounds of skim milk month through the 25th day of the cur­ plant which are made available, if re­ in other source milk less the pounds sub­ rent month by the United States Depart­ quested by the market administrator, for tracted pursuant to subparagraph (3) of ment of Agriculture, deduct 6.4 cents and the verification of such mutually indi­ this paragraph; multiply the result by 8.2. cated utilization; and (3) Subtract from the remaining § 965.51 Class prices. Subject to the (3) The Class I utilization (as defined pounds of skim milk in each class, in provisions of § 965.52, the class prices for in § 965.41) at such nonpool plant is less series beginning with the lowest-priced milk per hundredweight for the month than the skim milk and butterfat, re­ use available, the pounds of skim milk shall be determined by the market ad­ spectively, transferred or diverted to in other source milk received in the form ministrator as follows: such nonpool plant, in which case, such of a fluid milk product which is subject (a) Class I milk. The price for Class skim milk and butterfat shall be assigned to the Class I pricing provisions of an­ I milk shall be the basic formula price to the highest-valued use classification other order issued pursuant to the act; plus $1.30, plus or minus “ a supply- available at such plant; (4) Subtract from the remaining demand adjustment” of not more than (c) As Class I milk if transferred or pounds of skim milk in each class the 50 cents computed as follows: diverted as milk, skim milk or cream in skim milk in fluid milk products received (1) Divide the total gross pounds of fluid form to a fluid milk plant operated from other pool plants according to the Class I milk set forth in § 965.41 (ad­ by a producer-handler. classification determined pursuant to justed to eliminate duplications due to (d) As Class I milk if transferred or §§ 965.41 and 965.43; interhandler transfers) in the second diverted as milk, skim milk or cream in (5) Subtract from the remaining and third months preceding by the total fluid form in bulk to a nonpool plant, pounds of skim milk, in series from Class pounds of producer milk for the same except as provided in paragraphs (b) I I milk and then Class I milk, the pounds months, multiply the result by 100, and and (c) of this section, unless the condi­ of skim milk in inventory of fluid milk round to the nearest whole number. The tions specified in subparagraphs (1) and products on hand at the beginning of the result shall be known as the ‘‘Class I (2) of paragraph (b) of this section are month; and • utilization percentage” ; met and an equivalent amount of skim (6) Add to the pounds of skim milk (2) For each full percentage point milk and butterfat, respectively, was remaining in Class II I milk the skim that the Class I utilization percentage is used at such nonpool plant in the classi­ milk subtracted pursuant to subpara­ above the applicable maximum base per­ fication (s) claimed. Any amounts in ex­ graph (1) of this paragraph and if the centage listed below increase the Class I cess of the actual use in sdch claimed remaining pounds of skim milk in all price differential by three cents; and classification(s) shall be assigned to classes exceed the pounds of skim milk for each full percentage point that the Class III milk to the extent available then contained in producer milk, subtract such Class I utilization percentage is below in sequence to Class II milk and Class I excess from the remaining pounds of the applicable minimum base percentage milk. skim milk in series beginning with the listed below decrease such differential by lowest-priced use available., three cents: Provided, That the Class I § 965.44 Responsibility of handlers. (b) Butterfat shall be allocated in ac­ In establishing the classification as re­ differential adjusted pursuant to this cordance with the same procedure pre­ subparagraph for the month of June quired in §§ 965.41 and 965.43, the burden scribed for skim milk in paragraph (a) rests upon the handler to account for all shall not be higher than such adjusted of this section. differential for the immediately preced­ skim milk and butterfat received by him ing month of May; and that the Class I and to prove to the market administrator MINIMUM PRICES differential so adjusted for the month of that such skim milk and butterfat, § 965.50 Basic formula price. The January shall not be less than the ad­ should not be classified as Class I milk. basic formula price per hundredweight of justed differential for the immediately § 965.45 Computation of skim milk milk to be used in computing the mini­ preceding month of December. and butterfat in each class. For each mum price for Class I milk shall be the month the market administrator ihall higher of the prices computed by the market administrator pursuant to para­ Base utilization correct for mathematical and for other Month for which price is percentages obvious errors the reports of receipts and graphs (a) and (b) of this section: being computed (a) The average of the basic (or field), utilization for the pool plant(s) of each Minimum Maximum handler and shall compute the pounds of prices per hundredweight ascertained to have been paid, or to be paid, for milk butterfat and skim milk in Class I milk, 67 69 Class II milk, and Class II I milk for such of 3.5 percent butterfat content received 66 68 from farmers during such month at the 66 68 handler; Provided, That if any of the 67 69 water contained in the milk from which following plants or places for which 63 65 prices are reported to the market admin­ 60 62 a product is made is removed before the istrator or to the United States Depart­ 53 55 product is utilized or disposed of by the 49 51 ment of Agriculture: 48 50 handler, the pounds of skim milk dis­ 61 53 posed of in such product shall be consid­ Company and Location 58 60 63 65 ered to be an amount equivalent to the Borden Co., Mount Pleasant, Mich. nonfat milk solids contained in such Borden Co., New London, Wis. product plus all of the water normally Borden Co., Orfordville, Wis. (b) Class I I milk. The price for Class associated with such solids in the form of Carnation Co., Oconomowoc, Wis. I I milk shall be the sum of the plus ad­ Carnation Co., Richland Center, Wis. whole milk. justments computed pursuant to sub- Carnation Co., Sparta, Mich. paragraphs (1) and (2) of this para­ § 965.46 Allocation of skim milk and Pet Milk Co., Belleville, Wis. graph: butterfat classified. After making the Pet Milk Vo., CoopersviUe, Mich. (1) Multiply the Chicago butter price Pet Milk Co., New Glarus, Wis. computations pursuant to § 965.45, the Pet Milk Co., Wayland, Mich. by 4.13; and market administrator shall determine White House Milk Co., Manitowoc, Wis. (2) From the average price for nonfat the classification of producer milk re­ White House Milk Co., West Bend, Wis. dry milk spray process, described in' Wednesday, January 1, 1958 FEDERAL REGISTER 15

paragraph (b) (2) of § 965.50, deduct Rate per § 965.61 Computation of obligation to 5.5 cents and multiply the result by 8.2. hundred- Distance from the City weight the producer-settlement fund for han­ (c) Class I I I milk. The price for Class dlers operating a fluid milk plant which m milk during each of the months of Hall (miles): (cents) 45 but less than 110______1 5 . 0 is not a pool plant. For each month, the March through August shall be the price For each additional 10 miles or frac­ obligation to the producer-settlement computed pursuant to subparagraph (1) tion thereof an additional______l. 5 fund for each handler operating a fluid Of this paragraph; and the price for Class Provided, That in the case of transfers milk plant which is not a pool plant shall in milk during each of the months of be computed by the market administra­ September through February shall be made under paragraph (a) of this sec­ tion, the location differential credit (1) tor by multiplying the hundredweight of the same as the Class n price; milk disposed of as Class I milk from such (1) The simple average, as computed shall apply to the actual weight of the skim milk and butterfat moved, which plant on routes operated within the mar­ by the market administrator of the basic keting area, (less the hundredweight of (or field) prices per hundredweight as­ weight shall not exceed the difference calculated by subtracting from the total any Class I milk purchased by such han­ certained to have been paid for milk of dler during the month from a pool 3.5 percent butterfat content received pounds of skim milk and butterfat in Class I milk and Class II milk at the plant) by the amount by which the price from farmers during the month at the of Class I milk computed pursuant to following plants: transferee’s plant, the total skim milk and butterfat in producer milk physically §§ 965.51, 965.52, and 965.53, exceeds the M. and R. Dietetic Laboratories, Inc., Chil- received at such plant and (2) shall be price computed pursuant to § 965.50 (b) licothe, Ohio. adjusted by the Class II I butterfat differ­ Carnation Milk Co., Hillsboro, Ohio. allowed to the transferee handler if such credit does not exceed the obligation of ential (other than butter). Such obliga­ Nestles MUk Products, Inc., Greenville, tions shall be paid by such handler to the Ohio. such handler to the producer-settlement Nestles Milk Products, Inc. (Osgood M »if fund for the month. market administrator on or before the Co.), Osgood, Ind. 17th day after the end of each month. Carnation Milk Co., Maysville, Ky. § 965.54 Use of equivalent prices. I f for any reason a price quotation required § 965.62 Correction of errors. When­ § 965.52 Butterfat differentials to by this part for computing class prices ever audit by the market administrator handlers. If the weighted average but­ or for other purposes is not available in of any handler’s reports, books, records, or accounts discloses adjustments to be terfat test of producer milk which is the manner described, the market ad­ made, for any reason, which result in classified in any class, respectively, for ministrator shall use a price determined* any handler, is more or less than 3.5 by the Secretary to be equivalent to the monies due (a) the market administra­ percent there shall be added to, or sub­ price which is required. tor from such handler, (b) such handler tracted from, as the case may be, the from the market administrator, or (c> price for such class, for each one-tenth COMPUTATION .OF UNIFORM PRICE any producer or cooperative association of one percent that such weighted aver­ § 965.60 Net obligation of each han­ from such handler, the market adminis­ age butterfat test is above or below 3.5 dler. The net obligation of each han­ trator shall promptly notify such han­ percent, a butterfat differential calcu­ dler for producer milk for the month dler of any such amount due, and pay­ lated by the market administrator as shall be a sum of money computed by ment thereof shall be made on or before follows: the market administrator as follows: the next date for making payment set forth in the provision under which such (a) Class I milk. Add 1.25 cents to (a) Multiply the pounds of producer the butterfat differential for Class n milk in each class by the applicable class error occurred, following the 5th day milk; after such notice. price and add together the resulting (b) Class I I milk. Multiply the amounts; § 965.63 Computation of uniform Chicago butter price by 118, subtract (b) Subtract the location differential prices. For each month, the market ad­ therefrom the amount computed pur­ credits pursuant to § 965.53; ministrator shall compute the uniform suant to § 965.51 (b) (2) and divide the (c) Add the amounts computed by price per hundredweight of producer result by 1000; and multiplying the pounds of overage de­ milk of 3.5 percent butterfat content as (c) Class I I I milk. Multiply the ducted from each class pursuant to follows: Chicago butter price less 5.0 cents by § 965.46 (a) (6) and the corresponding (a) Add together the values of milk as 120, subtract therefrom the. amount step of (b) by the applicable class price; computed pursuant to § 965.60 for han­ computed pursuant to § 965.50 (b) (2) (d) Add the amount computed by dlers other than those in arrears in and divide the result by 1000: Provide#, multiplying the difference between the payment (other than in payment for That for each of the months of Septem­ applicable Class II price for the preced­ any amount pursuant to § 965.62) to the ber through February, the butterfat dif­ ing month and the applicable Class I producer-settlement fund as required by ferential for Class H I milk other than price for the current month by the § 965.72 for the preceding month; that used to produce butter shall be the pounds of milk in inventory subtracted (b) Subtract, if the weighted average same as the butterfat differential for from Class I milk pursuant to § 965.46 butterfat test of all producer milk repre­ Class II milk for such month. (a) (5) and the corresponding step of sented in the sum computed under § 965.53 Location differential to han­ ( b ) ; and paragraph (a) of this section is greater dlers. For that skim milk and butterfat (e) Add an amount computed by mul­ than 3.5 percent, or add, if the weighted m producer milk received at a pool plant tiplying the pounds of other source milk average butterfat test of such milk is less located 45 miles or more by the shortest subtracted from Class I milk and Class I I than 3.5 percent, an amount computed hard surfaced highway distance from milk pursuant to § 965.46 (a) (2) and as follows: Multiply the hundredweight the City Hall in Cincinnati, Ohio, as de­ the corresponding step of (b) by the of such milk by the difference of its termined by the market administrator difference between the price for milk (of weighted average butterfat test from 3.5 and which is (a) moved in the form of a the same butterfat content) in the class percent, and multiply the resulting fluid milk product or as condensed skim from which subtracted and the price amount by the butterfat differential milk or frozen cream to a pool plant lo­ computed pursuant to § 965.50 (b), ad­ computed pursuant to § 965.74 times 10; justed to the same test by the Class I I I (c) Subtract for each of the months of cated less than 45 miles from the City butterfat differential (other than but­ April, May, June, and July an amount Hall in Cincinnati, Ohio, or (b) other­ te r ): Provided, That for any month computed by multiplying the total hun­ wise disposed of or utilized as Class I or when the aggregate utilization of Class I dredweight of milk received from pro­ Class n milk at such plant, the handler’s milk for all handlers at pool plants is ducers during such month by the fol­ obligation pursuant to § 965.60, subject 90 percent or more of producer milk, no lowing amounts: 30 cents in April; -35 to the proviso of this section, shall be obligations shall be incurred pursuant cents in May and June; and 20 cents in July; reduced at the rate set forth in the fol­ to: (1) This paragraph, (2) paragraph (d) Add for each of the months of lowing schedule according to the location (d> of this section on milk which is in of the pool plant where such milk and September, October, November, and De­ excess of producer milk classified as cember an amount computed by dividing • butterfat is received from producers as Class n milk for the preceding month, follows: by four the total amount of the obligated or (3) § 965.61. balance in the producer-settlement fund 16 PROPOSED RULE MAKING

pursuant to I 965.71 (b) on September 30 ing the month from such producer by a hundredweight or such lesser amount as of such year; handler(s) who made the payments for the Secretary may from time to time (e) Add the sum of the values of thesuch month pursuant to § 965.72, by mul­ prescribe, with respect to all producer location differentials allowable pursuant tiplying the hundredweight of such milk milk received during the month. to § 965.75; by the uniform price computed pursuant § 965.77 Marketing services, (a) The i (f) Add the unobligated balance in the to § 965.63 adjusted by the location dif­ market administrator shall deduct an producer-settlement fund; ferential pursuant to § 965.75 and the amount not exceeding six cents per hun­ (g) Divide by the total hundredweight butterfat differential pursuant to dredweight (the exact amount to be de­ of producer milk pooled pursuant to § 965.74, and subtracting any charges termined by the market administrator) paragraph (a) of this section; and and deductions made pursuant to from the payments made pursuant to (h) Subtract not less than four cents § 965.72. § 965.73 (b), with respect to the milk of or more than five cents per hundred­ (b) On or before the 20th day after those producers for whom the marketing weight. the end of each month, the market ad­ services set forth in paragraph (b) of PAYMENTS FOR MILK ministrator shall pay, subject to the pro­ this section are not being performed by visions of § 965.77: § 965.70 Payments to producers. On a cooperative association which the Sec­ (1) Direct to each producer who has retary determines to be qualified under or before the 5th day after the end of not authorized a cooperative association each month, each handler shall pay to the provisions of the act of Congress of to receive payments for such producer, February 18,1922, as amended, known as each producer $1.00 per hundredweight the amount of the payment calculated of milk received from such producer dur­ the “ Capper-Volstead Act” , for the pur­ for such producer pursuant to paragraph pose of performing the services set forth ing the month; Provided, That in the (a) of this section; and event the total amount of deductions and in paragraph (b) of this section. (2) To each cooperative association (b) The moneys received by the mar­ charges authorized by any producer authorized to receive payments due pro­ against payments due such producer for ket adminstrator pursuant to paragraph ducers who market their milk through (a) of this section shall be expended the month next preceding is greater than such cooperative association, the aggre­ the payment computed for such pro­ by the market administrator for market gate of payments calculated pursuant to information to, and for the verification ducer pursuant to § 965.73 (a) with re­ paragraph (a) of this section, for all pro­ spect to the milk received from such pro­ of weights, samples, and tests of milk of, ducers certified to the market adminis­ producers for whom a cooperative asso­ ducer during such preceding month, the trator by such cooperative association as handler may deduct from the payment ciation, as described in paragraph (a) having authorized such cooperative as­ of this section, is not performing the required by this section a sum equal to sociation to receive such payments. the difference between such amounts. same services on a comparable basis, as § 965.74 Butterf at differential to pro­ determined by the market administrator, § 965.71 Producer-settlement fund. ducers. In computing the payments due subject to review of the Secretary. The market administrator shall establish each producer for milk pursuant to § 965.78 Termination of obligation. and maintain a separate fund, known as § 965.73, there shall be added to, or sub­ the “ producer-settlement fund", which (a) The obligation of any handler to tracted from the uniform price per hun­ pay money required to be paid under the shall function as follows: dredweight, for each one-tenth of one (a) All payments made by handlers terms of this part shall, except as pro­ percent of butterfat content in such milk vided in paragraphs (b) and (c) of this pursuant to §§ 965.61 and 965.72, shall be above or below 3.5 percent, as the case deposited in this fund, and all payments section, terminate two years after the may be, a butterfat differential computed last day of the calendar month during made pursuant to § 965.73 shall be made by the market administrator as follows: out of this fund; which the market administrator receives (a) Compute the percentage of the the handler’s utilization report on the (b) All amounts substracted pursuant total butterfat in producer milk assigned milk involved in such obligation, unless to § 965.63 (c) shall be deposited in thi3 to each class pursuant to § 965.46; within such two-year period the market fund and shall remain therein as an obli­ (b) Multiply each such percentage administrator notifies the handler in gated balance until withdrawn for the figure by the butterfat differential for the writing that such money is due and pay­ purpose of effectuating § 965.63 ( d ) ; and respective class pursuant to § 965.52; and able. Service of such notice shall be (c) The difference between the amount (c) Add into one total the value ob­ complete upon mailing to the handler’s added pursuant to § 965.63 (f) and the tained in paragraph (b) of this section, last known address and it shall contain, amount resulting from the subtraction rounding off the result to the nearest but need not be limited to, the following pursuant to § 965.63 (h) shall be de­ even one-tenth cent. information: posited in, or withdrawn from, this fund, (1) The amount of the obligation; as the case may be. § 965.75 Location differentials to pro­ ducers. In computing the payment due (2) The month(s) during which the § 965.72 Payments to producer-settle­ each producer pursuant to § 965.73, the milk, with respect to which the obliga­ ment fund. On or before the 17th day uniform price for milk which is received tion exists, was received or handled; and after the end of each month, each han­ at a pool plant located 45 miles or more, (3) I f the obligation is payable to one dler shall pay to the market administra­ by the shortest hard surfaced highway or more producers or to a cooperative tor his obligation for milk for such month distance from the City Hall in Cincin­ association, the name of such producers of which he is notified pursuant to nati, Ohio, as determined by the market or cooperative association, or if the ob­ § 965.22 (i) (1) less the amount paid out administrator, shall be reduced at the ligation is payable to the market admin­ to each producer in accordance with rate set forth in the following schedule istrator, the account for which it is to § 965.70, and less the amount of the de­ according to the location of the pool be paid. ductions and charges authorized by such plant where such milk is received from (b) If a handler fails or refuses, with producer which are itemized on the han­ producers: respect to any obligation under this part, dler’s producer payroll; Provided, That Rate per to make available to the market admin­ in the calculation of the total amount of hundred­ istrator or his representatives all books such deductions and charges to be sub­ weight and records required by this part to be tracted, the deductions and charges to Distance from City Hall (miles) t (cents) made available, the market administra­ be considered with respect to each indi­ ... 45 but less than 110------15.0 tor may within the two-year period pro­ vidual producer shall not be greater than ; For each additional 10 miles or frac­ tion thereof, an additional-— - — - 1.5 vided for in paragraph (a) of this sec­ an amount which, when added to the tion, notify the handler in writing of payment made to such producer in ac­ § 965.76 Expense of administration. such failure or refusal. I f the market cordance with § 965.70 (inclusive of the As his pro rata share of the expense in­ administrator so notifies a handler, the deductions and charges authorized by curred in the maintenance and function­ said two-year period with respect to such § 965.70), will not exceed the total value ing of the office of the market adminis­ obligation shall not begin to run until of the milk received from such producer, trator and in the performance of the the first day of the calendar month fol­ § 965.73 Payments from producer- duties of the market administrator, each lowing the month during which such settlement fund, (a) The market ad­ handler shall pay to the market admin­ books and records pertaining to such ob­ ministrator shall compute the payment istrator, on or before the 17th day after ligation are made available to the mar­ due each producer for milk received dur­ the end of each month, two cents per ket administrator or his representatives. Wednesday, January 1, 1958 FEDERAL REGISTER 17

(c) Notwithstanding the provisions of obligations arising under this part, the handlers and producers in an equitable paragraphs (a i and (b) of this section, final accrual or ascertainment of which manner. a handler’s obligation under this part to requires further acts by any handler, by MISCELLANEOUS PROVISIONS pay money shall not be terminated with the market administrator, or by any respect to any transaction involving other person, the power and duty to per­ § 965.90 Agents. The Secretary may, fraud or willful concealment' of a fact, form such further acts shall continue by designation in writing, name any offi­ material to the obligation, on the part notwithstanding such suspension or cer or employee of the United States to of the handler against whom the obli­ termination: Provided, That any such act as his agent or representative in con­ gation is sought to be imposed. acts required to be performed by the nection with any of the provisions of this (d) Any obligation on the part of the market administrator shall, if the Secre­ part. market administrator to pay a handler tary so directs, be performed by such § 965.91 Separability of provisions. any money which such handler claims other person, persons, or agency as the I f any provision of this part, or its appli­ to be due him under the terms of this Secretary may designate. The market cation to any person or circumstances, part, shall terminate two years after administrator, or such person as the is held invalid the application of such the end of the calendar month during Secretary may designate, shall continue provisions, and of the remaining pro­ which milk involved in the claim was re­ in such capacity until removed by the visions of this part, to other persons or ceived if an underpayment is claimed, Secretary, account from time to time for circumstances shall not be affected or two years after the end of thé calendar all receipts and disbursements and, thereby. month during which the payment (in­ when so directed by the Secretary, de­ cluding deduction or set-off by the mar­ liver all funds on hand, together with § 965.92 Plants subject to other Fed­ ket administrator) was made by the the books and records of the market ad­ eral orders. The provisions of this part handler if a refund' on such payment is ministrator, or such other person to such shall not apply to a fluid milk plant or a claimed, unless such handler, within the person as the Secretary shall direct and supply plant during any month in which applicable period of time, files, pursuant execute, if so directed by the Secretary, the milk at such plant would be subject to section 8c (15) (A ) of the act, a peti­ such assignments or other instruments to the classification and pricing pro­ tion claiming such money. necessary or appropriate to vest in such visions of another order issued pursuant person full title to all funds, property, to the act unless such plant meets the EFFECTIVE TIM E, SUSPENSION OR and claims vested in the market admin­ requirements for a pool plant pursuant to TERMINATION istrator or such person pursuant thereto. § 965.7 and a greater volume of fluid milk products is disposed of from such plant § 965.80 Effective time. The provi­ § 965.83 Liquidation after suspension sions of this part, or any amendments to pool plants and to retail or wholesale or termination. Upon the suspension or outlets located in the Cincinnati, Ohio, to this part shall become effective at such termination of any of all provisions of time as the Secretary may declare and marketing area than in the marketing this part the market administrator, or area regulated pursuant to such other shall continue in force until suspended such person as the Secretary may desig­ or terminated. order during the current month and each nate, shall, if so directed by the Secre­ of the three months, immediately pre­ § 965.81 Suspension or termination. tary, liquidate the business of the market ceding: Provided, That the operator of Any or all provisions of this part, or administrator’s office and dispose of all a fluid milk plant or a supply plant which amendments to this part, shall be sus­ funds and property then in his posses­ is exempted from the provisions of this pended or terminated as to any or all sion or under his control together with order pursuant to this section shall, with handlers after such reasonable notice as claims for any funds which are unpaid respect to the total receipts and utiliza­ or owing at the time of such suspension the Secretary may give, and shall ter­ tion or disposition of skim milk and or termination. Any funds collected minate in any event, whenever the pro­ butterfat at the plant, make reports to pursuant to the provisions of this part, the market administrator at such time visions of the act authorizing it cease over and above the amount necessary to be in effect. and in such manner as the market ad­ to meet outstanding obligations and the ministrator may require and allow veri­ § 965.82 Continuing power and duty expense necessarily incurred by the fication of such reports by the market of the market administrator. I f upon market administrator or such person in administrator. the suspension or termination of any or liquidating and distributing such funds, [F. R. Doc. 57-10889; Filed, Dec. 31, 1957} all provisions of this part, there are any shall be distributed to the contributing 8:50 a. m.]

NOTICES

ATOMIC ENERGY COMMISSION 20,000 kilowatt tank-type materials test­ [Docket No. 50-75] ing and research reactor to the Reactor N a t io n a l A d v is o r y C o m m it t e e for [Docket No. 50-65] Centrum Nederland, The Hague, Nether­ A e r o n a u t ic s lands, unless within 15 days after filing ACF I n d u s t r ie s , I n c . of this notice with the Federal Register n o t ic e o f pr o po sed is s u a n c e o f NOTICE OF PROPOSED ISSUANCE OF F AC ILITY Division a request for a formal hearing construction p e r m it EXPORT LICENSE is filed with the Commission in the man­ Please take notice that the Atomic Please take notice that the Atomic ner prescribed by § 2.102 (b) of the Com­ Energy Commission proposes to issue a Energy Commission, pursuant to sec­ mission’s rules of practice (10 CFR construction permit to the National Ad-j tion 104 of the Atomic Energy Act of Part 2). visory Committee for Aeronautics sub-| 1954 and Title 10, CFR, Chapter I, Part In its review of applications for li­ stantially in the form set forth in Annex! censes sought solely to authorize the “A ” below unless on or before fifteen (15) 50, “Licensing of Production and Utiliza­ export of production or utilization facili­ days after the filing of this notice with tion Facilities,” and upon findings that ties, the Commission does not evaluate the Federal Register Division a request (a) the reactor proposed to be exported the health and safety characteristics of for a formal hearing is filed with the is a utilization facility as defined in said the subject reactors. Commission as provided by § 2.102 (b) of Act and regulations, and (b) the issu­ the Commission’s rules of practice (10 ance of a license for the export thereof Dated at Washington, D. C., this 24th day of December, 1957. CFR Part 2). There is attached as is within the scope of and is consistent Annex “B” a memorandum submitted by with the terms of an agreement for coop­ For the Atomic Energy Commission. the Division of Civilian Application which summarizes the principal factors eration with the Government of the H. L. P r ic e , Netherlands, proposes to issue a facility Director, considered in reviewing the application export license to ACF Industries, Incor­ Division of Civilian Application, for license. For further details see the application for license at the Commis­ porated, 30 Church Street, New York, [F. R. Doc. 57-1086?; Filed, Dec. 31, 1957} sion’s Public Document Room, 1717 H New York, authorizing the export of a 8:45 a. m.] Street NW., Washington, D. C. No. l — -3 18 NOTICES

Pated at Washington, D. C., this 24th struction of the reactor is completed except corridor. Adjoining space in the basement day of December 1957. for the Introduction of the fuel material. of the existing M&S building will be utilized B. The site proposed for the location of for a control room. The entire floor of the For the Atomic Energy Commission. the reactor is the location at the NACA Lewis reactor room will be covered by a 6-inch deep Flight Propulsion Laboratory in Cleveland, stainless steep pan. The walls of the reactor H . L. P r ic e, Ohio, specified in the application. room will be lined with a removable plastic Director, C. The facility authorized for construction material to prevent contamination of the Division of Civilian Application. Is a homogeneous zero power research re­ concrete. A n n e x A actor as described in the application. The reactor room will be Isolated from the D. At such time as this construction per­ rest of the building by a gas-tight door. CONSTRUCTION PERMIT mit is converted into a license to operate Operating personnel will be protected by a The National Advisory Committee for the facility such license will incorporate— 54-inch thick concrete wall between the re­ Aeronautics, (hereinafter “NACA”) on July as one of its conditions— a requirement that act«» room and: the solution room. Shielding 8, 1957, filed its application for a Class 104 no experiment may be conducted either (1) of the reactor room doorway from scattered license, defined in § 50.21 of Part 50, “Licens­ where the loading, assuming that all poisons, radiation will be accomplished by a concrete ing of Production and Utilization Facilities’', voids, etc., were accidentally removed, would block labyrinth. Provisions are being made Title 10, Chapter I, CFR, to construct a produce a reactor period shorter than ten for an additional 48-inch thick concrete nuclear reactor (hereinafter “the reactor”). milliseconds, or (2) where any material shield door should the. labyrinth type shield Amendments to the application were filed other than water or air is to be used as a prove insufficient. Administrative procedures on August 23, 1957, August 27, 1957 and De­ reflector, unless a Hazards Summary Report require that all personnel be out of the re­ cember 3, 1957. The application also seeks shall have been submitted to the Commis­ actor room before start-up of the reactor. license relating to special nuclear material. sion and the Commission shall have specifi­ A by-pass interlock will be provided which Reference to “the application” herein will be cally authorized the experiment. prevents filling of the reactor if the gas-tight to the original application as amended. Upon completion (as defined in Para­ door which isolates the reactor room from The Atomic Energy Commission (herein­ graph “A” above) of the construction of the the rest of the building is not closed. A six- after “the Commission”) finds that: facility in accordance with the terms and inch-thick concrete floor, one-foot-thick re­ A. The reactor will be a utilization fa­ conditions of this permit, upon the filing inforced concrete walls and roof, and a cility as defined in the Commission’s regu­ of any additional information needed to minimum of six feet of tamped earth cover lations contained in Title 10, Chapter I, CFR, bring the original application up to date, will shield persons outside of the building Part 50, “Licensing of Production and Utili­ and upon finding that the facility au­ from radiation. zation Facilities.” thorized has been constructed in conformity Reactor. The reactor will be of the homo­ B. NACA proposes to utilize the reactor in with the application and in conformity with geneous type designed to operate at a maxi­ the conduct of research and development the provisions of the act and of the rules mum power of 10 watts. The average activities of the types specified in section 31 and regulations of the Commission and in thermal flux will be about 10®neutrons/cm2- of the Atomic Energy Act of 1954. the absence of any good cause being shown sec. in the core at an average power level C. NACA is financially qualified to con­ to the Commission why the granting of a of 1/10 watt. A platform 9 feet in height struct and operate the reactor in accordance license would not be in accordance with will support the reactor and associated equip­ with the regulations contained in Title 10, the provisions of the act, the Commission ment approximately midway between floor Chapter I, CFR; to assume financial re­ will issue a Class 104 license to NACA pur­ and ceiling of the reactor room. Due to the sponsibility for payment of Commission suant to section 104c of the act which low power level, no cooling will be necessary charges for special nuclear material and to license shall expire twenty (20) years after other than that associated with natural air, undertake and carry out the proposed use the date of this construction permit. water and aqueous fuel convection in the of such material for a reasonable period of Pursuant to § 50.60 of the regulations in shield, reflector and core, respectively. The time. Title 10, Chapter 1, CFR, Part 50, the Com­ fuel is to be highly enriched uranyl fluoride D. NACA is technically qualified to design mission has allocated to NACA for use in (UO 2F2) in deionized light water. The water and construct the reaetor. connection with the facility 3000 grams of serves as moderator. Criticality experiments E. The Commission is satisfied that it has contained uranium 235. will be performed for cylindrical homogene­ ous assemblies of UO2F2-H 2O solutions for information sufficient to provide reasonable Date of issuance: assurance that a reactor of the type proposed a range of core diameter, core length, di­ can be constructed and operated and the For the Atomic Energy Commission. ameter ratio, and fuel concentration. The special nuclear material received, possessed cores will be bare, partially reflected, or fully and used at the proposed location without Director, reflected by water or air. The reflector sec­ undue risk to the health and safety of the Division of Civilian Application. tion will be composed of a concentric cylinder placed around the core cylinder. There will public and that omitted information will A n n e x B be supplied. be one pipe line which will permit filling or F. The issuance of a construction permit MEMORANDUM emptying of the reflector section. to NACA and the receipt, possession and use The initial set of experiments will be per­ Part I—Description of the facility— Gen­ formed with an unreflected reactor 29.5 of the special nuclear material in the man­ The facility for which an application eral. inches in diameter of hydrogen to uranium ner proposed by NACA in the application for a construction permit was submitted by in Docket 50-75 will not be inimical to the ratio of 500, and length to diameter ratio NACA is of the homogeneous type designed of 2. It is planned to operate the reactor common defense and security or to the to operate at a maximum power of 10 watts. health and safety of the public. with the core open to the reactor room at­ The purpose of this reactor facility is to per­ mosphere, without any recombiner since it Subject to the conditions and require­ form critical experiments, to measure reac­ ments incorporated herein, the Atomic En­ was estimated that the amount of H2 and Oa tivity effects, to serve as a neutron source, formed radiolytically will be only about 150 ergy Commission hereby licenses NACA as and to serve as p. training tool. Although cc per hour with the reactor operating at 10 provided below: this facility is referred to as a reactor, it watts. After 10 hours of continuous opera­ A. Pursuant to the Atomic Energy Act should be considered a series of critical ex-r tion, the percent hydrogen formed will be of 1954 (hereinafter referred to as “the act”)- périment facilities, each of which will be substantially below the —air flammability and Title 10, CFR, Chapter I, Part 50, “Li­ operated as a reactor. limit in the reactor room. It has been esti­ censing of Production and Utilization Fa­ Site. The reactor will be constructed at mated by the applicant that 5 curies of total cilities,” to construct the reactor as a utili­ the Lewis Flight Propulsion Laboratory, fission products will be produced in 100 zation facility. which is situated at the southwest corner of minutes of operation at 10 watts following a B. Pursuant to the Act and Title 10, CFR, Cleveland, Ohio, near the junction of Ohio 50-minute shutdown. The volatile portion Chapter I, Part 70, “Special Nuclear Mar- Routes 17 and 237. Adjacent to the Labora­ of the fission products will be exhausted terial”, to receive and possess for storage tory on the east is Cleveland Hopkins Air­ along with the radiolytic gases by the venti­ only up to 3000 grams of contained uranium port; to the north and west of the laboratory lation system. The ventilation system oper­ 235. is a section of the Cleveland Metropolitan ates only when the reactor is shut down, and This license shall be deemed to contain Park System; on the south is sparsely popu­ uses a 1,000 cubic feet per minute blower and be subject to the conditions specified lated farmland. which provides approximately 4 air changes in §§ 50.54 and 50.55 of Part 50 and § 70.32 The facility will be a completely self- per hour. The air in the reactor room will of Part 70; is subject to all applicable pro­ contained unit to be located in a basement be monitored before releasing it to the out­ visions of the Act and rules, regulations and room pear an existing nuclear research side atmosphere through an exhaust stack. orders of the Commission how or hereafter building (M&S Building), and will contain a A maximum allowable leakage rate from the in effect; and is subject to the additional ventilation system separate from the re­ room of y2 percent per day for an overpres­ conditions specified or incorporated below: mainder of the laboratory. The reactor sure of 1.4 psi will be maintained at all times. A. The earliest date for the completion of building will be a reinforced concrete under­ During normal operation the reactor will the reactor is February 1, 1958. The latest ground structure consisting of a reactor be controlled by the quantity of fuel solution date for completion of the reactor is August room (20 feet x 32 feet x 20 feet), a solution in the reactor vessel. One control rod will be 1, 1958. The term "completion date” as room (15 feet x 21 feet x 10 fe et), a personnel Installed which will act as a safety rod only, used herein means the date on which con­ decontamination and locker room, and a and will not be used for regulation. The Wednesday, January 1, 1958 FEDERAL REGISTER 19

size and^ shape of the safety rod blades will Fuel temperature in the reactor vessel and expulsion would be the ultimate shutdown depend on the size of the reactor. A check storage tank, reflector temperature, and room mechanism. A gravity drain connects the will be made of each blade while the reactor temperature will be monitored during opera­ spill pan with a “safe geometry” dump tank. is still in the multiplication level to deter­ tion. Dosimeters will be placed throughout It is not expected that any breaching of mine its approximate worth. In addition to the critical facility area to determine maxi­ the reactor room will result from this inci­ the safety rod, which is expected to control mum level and doses. dent, and hence, the gas leakage rate from about 2 percent delta k, provisions have been, Part 11—Safety evaluation. For the pro­ the reactor room will be unaffected. made to dump the reactor core solution into posed experiments to be conducted, no un­ In evaluating the radiological hazards re­ storage tanks with “safe geometry” if an usual precautions appear necessary with sulting from this accident’ it was assumed unsafe condition should occur. The average regard to earthquake, storm or flood. Failure that 50 percent of the total fission products temperature coefficient of reactivity for this of the electrical system will automatically generated are airborne and uniformly mixed reactor is calculated to be minus 2.6 x 10~4 scram the reactor. No radiation hazards are in the reactor room atmosphere. It was delta k/°C. Reactors of this type are also expected to result from normal operation. assumed further, that 50 percent of the air­ known to possess large negative radiolytic gas The following are inherent safety features borne fission products instantaneously leak coefficients of reactivity. connected with this reactor: to the outside in the form of a point source The reactor core vessel will be 2S alumi­ 1. A large, fast-acting, negative tempera­ at ground level. Since the reactor room is num, with an inner lining of polyethelene ture coefficient of reactivity. not breached and the majority of the reactor to minimize contamination of the fuel solu­ 2. A large negative radiolytic gas coefficient room penetrations are into the solution tion. All piping coming into contact with of reactivity. room, these leakage assumptions appear to the fuel solution will be polyethelene and 3. Relatively slow rates of reactivity in­ be conservative. Based on unfavorable the pumps will have teflon bellows. All sertion possible. weather conditions and the above-mentioned pumps and valves will be of the packless 4. Small values of excess reactivity are conservative leakage rates, the radiation type to minimize leaks. The fuel pump will available. doses were determined at the nearest resi­ be capable of pumping fuel into or out of 5. The nuclear parameters are fairly well dence (900 feet from the reactor). The the reactor at a' maximum rate of 4 liters known. maximum dosage would be due to inhala­ per minute through a small line (no larger The fuel is to be homogeneously mixed tion and would be 57 millirems (integrated than y2 inch in diameter). A quick acting with the moderator, hence the temperature over the first 24 hours) which is within the dump valve (not less than 1 inch in diam­ coefficient will be fast acting due to the lack limits permissible under such circumstances eter) connecting the reactor and dump tanks of heat transfer impedances. Experimental by the Commission’s regulation, 10 CFR will provide a rapid dump of the core solu­ data from other solution type reactors have Part 20. tion in the case of a scram. For the Initial shown that the radiolytic gas coefficient is Accordingly, based on information con­ set of experiments (L/D =2 , H /U=500), the an extremely effective shutdown mechanism tained in the application it is concluded sensitivity of the critical unreflected assem­ for reactivity increases in the range of from that there is reasonable assurance that a bly to changes in core height is about 3 cents 0.4 percent to 4.0 percent excess reactivity. facility of the general type proposed can be per millimeter. The sensitivity of the corre­ The hydrogen gas formed during normal op­ constructed and operated at the proposed sponding water reflected critical assembly, eration xor during the 15,000 kilowatt-seconds location without undue risk to the health (L/D=0.95, H /U=500), with core diameter excursion (to be described below), when and safety of the public. Before considera­ equal to 29.5 inches, is about 8.5 cents per mixed with the atmosphere of the room, tion can be given to issuance of an operating millimeter. The height of the fuel solution will be considerably below the flammability license for the facility, however, it will be in the core will be measured remotely by two limit for H2 air mixtures and hence operation necessary for the applicant to submit a nu­ independently operated micrometer screws.. without a recombiner is considered accept­ clear safety and operating manual for the A pointer will be fastened to the end of the able. The fission product gases liberated into facility. micrometer screw and contact with the sur­ the reactor room will be contained within the The evaluation made at this time pertains face of the fuel will complete an electrical room during reactor operation and released only to experiments where (l).th e loading, circuit giving indication on an ohmmeter. through a stack after being monitored fol­ assuming that all poisons, voids, etc., were The fuel pumping rate is to be selected by lowing shutdown. The normal reactor room accidently removed, would not produce a the operator and will be continuously vari­ leakage rate of y2 percent per day for 1.4 psi reactor period shorter than five milliseconds able up to the maximum pumping rate. The overpressure is not expected to be exceeded and (2) no material other than water or air pump shall be designed to operate at flows under any conditions. Periodic checks of is used as a reflector. In the event that as low as 60 milliliters per minute so that the leakage rate will be made to insure that other experiments are contemplated, a com­ the operator may easily control the fuel so­ the above value is never exceeded. plete hazard review of such experiments lution in the reactor vessel to within two An analysis has been made of the various must be made before operating approval millimeters. At the maximum pumping of parameters which may be varied in the NACA could be given. 4 liters per minute, it would take 48 seconds Zero Power facility: they are: Part I I I — Technical qualifications. The for the unreflected critical core, and 20 sec­ 1. Moderator-to-fuel ratio. NACA is the Federal Government’s independ­ onds for the water reflected critical core to 2. Core length-diameter ratio. ent aeronautical research agency. Estab­ reach prompt critical. Normal operating 3. Operation with or without reflector. lished in 1915, it now operates five research conditions will never intentionally involve Each time one of the above parameters is facilities including the Lewis Flight Propul­ quantities of excess reactivity greater than varied, a strict startup procedure will be sion Laboratory at Cleveland, Ohio, which approximately 0.2 percent above delayed followed in which Inverse count rate will be will have direct administrative and technical critical. plotted against height of fuel solution. In supervision over the proposed facility. The Uranium concentration in the fuel solution this manner, the reactor operator will be able AEC and NACA have been cooperating under will be controlled by the addition of deionized to determine the critical height by ex­ an agreement executed in 1952 pertaining to water for dilution and by vacuum evapora­ trapolation of the sub-critical multiplication research, patents and access to restricted tion for concentration. Both of these oper­ data. This procedure is well proven and pro­ data. On the basis of information presented ations are carried out in the solution room. vides a safe means of attaining criticality. by the applicant it is concluded that the The evaporator will be stainless steel and is There is also a large amount of criticality applicant is technically qualified to design sized for safe geometry. data for the U02F2-H 20 system reported in and construct the proposed reactor. Shielding will be installed so that no per­ the literature which may serve as a guide Part IV — Financial qualifications. The son will receive a dose in excess of 1 millirem during the criticality experiments. proposed facility will be constructed as a per hour when the reactor is operating at The maximum accident is considered to subproject under the “component research maximum power (10 watts). Initially, no be a step input of reactivity which would facility for nuclear propulsion”, which was local gamma shielding around the core will put the reactor on a 5 millisecond period. authorized by Public Law 44— 84th Congress. be installed. Initial experiments with the The occurrence of this accident appears NACA’s current estimate of the cost of con­ reactor will be criticality experiments, and highly unlikely since it involves the step struction of the proposed facility is $165,000. as such, will run at powers considerably less insertion of about 3 percent excess reactivity Money for the construction of the facility than the design 10 watt level. Local gamma which appears to be far more than will ever was appropriated by Public Law 112— 84th shielding, consisting of concrete or lead be available. The results of this highly un­ Congress. Inasmuch as Congress authorized bricks, will be built around any of the equip­ likely accident, however, were calculated by the construction of the facility and has ap­ the applicant to be an energy release of propriated these funds covering the cur­ ment, if necessary, to reduce the gamma about 15,000 kilowatt-seconds, a peak pres­ rently estimated cost of construction, it is activity to values in conformity with the sure rise in the core of about 50 psi and a concluded that NACA is financially qualified Commission’s regulation, 10 CFR, “Stand­ room overpressure of 1.4 psi. These calcu­ to engage in the proposed activities. ards for Protection Against Radiation”, when lated results appear reasonable for a 3 per­ Part V— Financial protection. The appli­ Ihcreased power experiments are made. cent step in this type of system. The chief cant has not furnished the proof of financial Instrumentation for the facility will in­ mechanical effect which would result from protection, required of each applicant for clude two BFS chambers, one compensated this pressure rise in the core would prob­ license under Part 50, in accordance with BFs ion chamber, and two counter chambers. ably be the expulsion of fluid from the core, § 140.2 of the Commission’s regulation, “Financial Protection Requirements and In­ Scrams will be activated by periods less than and this would, in fact, limit the maximum demnity Agreements” (10 CFR Part 140). 7 seconds and power levels greater than 15 core pressure to less than the 50 psi theoreti­ watts. Before consideration can be given to issuance cal maximum for the open tank. Such fuel of an operating license for the facility, it will 20 NOTICES be necessary for the applicant to comply In its review of applications for li­ This statement is made as of Decem­ with the provisions of that regulation. censes sought solely to authorize the ex­ ber 19, 1957. Part VI—Fuel allocation. NACA has esti­ port of production or utilization facilities, mated that it will require an allocation of 3 Dated: December 19,1957. kilograms of uranium-235. This estimated the Commission does not evaluate the S tuar t M . J o n e s . requirement appears reasonable and the health and safety characteristics of the material may be allocated to NACA within subject reactors. [F. R. Doc. 57-10890; Filed, Dec. 31, 1957; the 50,000 kilograms made available by the 8:50 a. m.] President for such distribution. Dated at Washington, D. C., this 24th day of December 1957. Date: December 24, 1957. For the Atomic Energy Commission. For the Division of Civilian Application. H . L. P r ic e, J o h n R obert J o n e s H. L. P r ic e , Director, Director. STATEMENT OF CHANGES IN FINANCIAL Division of Civilian Application. [F. R. -Doc. 57-10863; Filed, Dec. 31,1957; INTERESTS 8:45 a. m.] [F. R. Doc. 57-10861; Filed, Dec. 31, 1957; In accordance with the requirements 8:45 a.m .] of section 710 (b) (6) of the Defense Production Act of 1950, as amended, and DEPARTMENT OF THE INTERIOR Executive Order 10647 of November 28, [Docket No. 50-83] 1955, the following changes have taken U n iv e r s it y o f F lorid a Office of the Secretary place in my financial interests as re­ ported in the F ederal R egister of July NOTICE OF ISSUANCE OF CONSTRUCTION [Order 2826] 13, 1956, 21 F. R. 5240; December 20, PERMIT 1956, 21 F. R. 10259; July 6,1957, 22 F. R. A dministrator , S outhwestern P o w e r 4768. Please take notice that no requests for A dministration formal hearing having been filed fol­ A. Deletions: None. lowing filing' of the notice of proposed DELEGATION OF AUTHORITY TO NEGOTIATE B. Additions: Briggs & Stratton, Johnson action with the Federal Register Divi­ CONTRACTS FOR PROFESSIONAL SERVICES Service Co., Chemical Fund. sion the Atomic Energy Commission on D ecember 24,1957. This statement is made as of Decem­ December 23, 1957, issued Construction S e c t io n 1. Delegation. The Adminis­ ber 14, 1957. Permit No. CPRR-21 to University of trator, Southwestern Power Administra­ Florida authorizing construction of a Dated: December 14, 1957. tion is authorized to exercise the author­ research reactor at Gainesville, Florida. ity delegated by the Administrator of J o h n R o bert J o n e s . Notice of proposed issuance of this per­ General Services (22 F. R. 8427) to the mit was published in the F ederal R e g is ­ [F. R. Doc. 57-10891; Filed, Dec. 31, 1957; Secretary of the Interior, for the period 8:50 a. m.] ter on December 5,1957, 22 F. R. 9732. ending November 1, 1958, to negotiate, Dated at Washington, D. C., this 23d without advertising, under section 302 day of December 1957. (c) (4) of the Federal Property and Ad­ CIVIL AERONAUTICS BOARD ministrative Services Act of 1949, as For the Atomic Energy Commission. amended (41 U. S. C. 252 et seq.), con­ [Docket No. 8641] H . L. P r ic e , tracts for professional engineering serv­ F l y in g T iger L in e , I n c .; E n f o r c e m e n t Director, ices for topography, alignment, and land P roceed ing Division of Civilian Application. ties for the line and terminal facilities n o t ic e of postponement o f h e a r in g [F. R. Doc. 57-10860; Filed, Dec. 31, 1957; in connection with the administration of 8:45 a. m.] the construction program of the South­ In the matter of The Flying Tiger Line, western Power Administration at Table Inc., enforcement proceeding'. Rock Dam, State of Missouri. / Notice is given herewith, pursuant to the provisions of the Civil Aeronautics S e c . 2. Exercise of authority. The au­ [Docket No. 50-86] thority granted in section 1 of this order Act of 1938, as amended, that public hearing in the above-entitled proceeding G en e r a l E lectr ic C o . may not be redelegated and shall be sub­ ject to all provisions of Title I I I of the previously assigned to be held on De­ NOTICE OF PROPOSED ISSUANCE OF F AC ILITY Act with respect to negotiated contracts, cember 30, 1957, before Examiner Rich­ EXPORT LICENSE and to all other provisions of law. ard A. Walsh is hereby postponed indefi­ nitely. Please take notice that the Atomic F red A. S e a t o n , Energy Commission, pursuant to section Secretary of the Interior. Dated at Washington, D. C., December 104 of the Atomic Energy Act of 1954 and 26, 1957. Title 10, CFR, Chapter I, Part 50, [F. R. Doc. 57-10903; Filed, Dec. 31, 1957; 8:46 a. m.] [ s e a l ] F r a n c is W. B r o w n , “ Licensing of Production and Utilization Chief Examiner. Facilities,” and upon findings that (a) the reactor proposed to be exported is a [F. R. Doc. 57-10908; Filed, Dec. 31, 1957; utilization facility as defined in said Act DEPARTMENT OF COMMERCE 8:48 a. m.] and regulations, and (b) the issuance of a license for the export thereof is within Office of the Secretary CIVIL SERVICE COMMISSION the scope of and is consistent with the S tu ar t M . J o n e s terms of an agreement for cooperation C e r t a in P o s it io n s i n O p e r a tio n s R e ­ with Venezuela, proposes to issue a fa ­ STATEMENT OF CHANGES IN FINANCIAL INTERESTS search S er ies, GS-015-0, i n t h e C o n t i­ cility export license to General Electric n e n t a l U n it e d S tates ; I ts T erritories Company, 150 East 42d Street, New York In accordance with the requirements a n d P o s se s s io n s (E x c e p t ■Pu e r t o 17, New York, authorizing the export of of section 710 (b) (6) of the Defense R ic o ) ; a n d i n F o r e ig n C o u n t r ie s a 3,000 kilowatt pool-type nuclear re­ Production Act of 1950, as amended, actor to the Instituto Venezolano de and Executive Order 10647 of November NOTICE OF INCREASE IN M IN IM U M RATES OF Neurología e Investigaciones Cerebrales, 28, 1955,^ the following changes have PAY Caracas, Venezuela, unless within 15 days taken place in my financial interests as Under the provisions of section 803 of after filing of this notice with the Federal reported in the F ederal R egister of the Classification Act of 1949, as amended Register Division a request for a formal hearing is filed with the Commission in December 27, 1956, 21 F. R. 10346; July (68 Stat. 1106; 5 U. S. C. 1133) pursu­ the manner prescribed by § 2.102 (b) of 6, 1957, 22 F. R. 4768. ant to 5 CFR 25.103, 25.105, the Commis­ the Commission’s rules of practice (10 A. Deletions: No change. sion has increased the rate of pay for CFR Part 2). B. Additions: No change. positions in Operations Research Series Wednesday, January 1, 1958 FEDERAL REGISTER 21

GS-015-0 to the top step of grades GS-11 upon a date to be fixed by notice from graph hereof, be suspended and the use through GS-17. the Secretary concerning the lawfulness thereof deferred as hereinafter ordered. The new rates of compensation are of the proposed increased rate and The Commission orders: as follows;' charge contained in said supplement to (A ) Pursuant to the authority of the GS-11______$7,465 GS-15______$12,690 Respondent’s rate schedule. Natural Gas Act, particularly sections 4 GS-12______8,645 GS-16______13,760 (B) Pending such hearing and deci­ and 15 thereof, the Commission’s rules of GS-13______10, 065 GS-17______14, 835 sion thereon, said supplement be and it practice and procedure, and the regula­ GS-14______11,395 is hereby suspended and the use thereof tions under the Natural Gas Act (18 CFR The increases are effective as of the deferred for a period of five months Ch. I ) , a public hearing be held upon a first day of the first pay period which from and after the “ effective date” set date to be fixed by notice from the Secre­ begins after December 20, 1957, and ap­ forth in the first paragraph hereof, and tary concerning the lawfulness of the ply throughout the continental United until such further time as it is made proposed increased rate and charge con­ States; its territories and possessions effective in the manner prescribed by tained in said supplement to Respond­ (except Puerto R ico); and in foreign the Natural Gas Act. ent’s rate schedule. countries. (C) Neither the supplement hereby (B) Pending such hearing and de­ suspended, nor the rate schedule sought cision thereon, said supplement be and it U n it e d S tates C iv il S erv­ to be altered thereby, shall be changed is hereby suspended and the use thereof ic e C o m m is s io n , until this proceeding has been disposed deferred for a period of five months from [ se al] W m . C. H u l l , of or until the period of suspension has and after the “effective date” set forth Executive Assistant. expired, unless otherwise ordered by the in the first paragraph hereof, and until [F. R. Doc. 57-10898; Filed, Dec. 31, 1957; Commission. - such further time as it is made effective 8:46 a. m.] (D) Interested State commissions may in the manner prescribed by the Natural participate as provided by §§1.8 and Gas Act. 1.37 (f) of the Commission’s rules of (C) Neither the supplement hereby FEDERAL POWER COMMISSION practice and procedure (18 CFR 1.8 and suspended, nor the rate schedule sought [Docket No. G-14062J r.37 (f) ). to be altered thereby, shall be changed By the Commission. until this proceeding has been disposed T exas C o . of or until the period of suspension has ORDER FOR HEARING AND SUSPENDING [ s e a l ] J o s e ph H . G u t r id e , expired, unless otherwise ordered by the PROPOSED CHANGE IN RATES Secretary. Commission. [F. R. Doc. 57-10865; Filed, Dec. 31, 1957; (D) Interested State commissions may D ecember 24,1957. 8:46 a. m.] participate as provided by §§ 1.8 and 1.37 The Texas Company (Respondent), on ' H ’ (f) of the Commission’s rules of practice November 29, 1957, tendered for filing a and procedure (18 CFR 1.8 and 1.37 (f ) ). proposed change in its rate schedule By the Commission (Commissioners presently in effect for sales of natural [Docket No. G-14068] gas subject to the jurisdiction of the Digby and Kline dissenting). Commission. The proposed change, M a g n o l ia P e t r o l e u m Co. e t a l . [ s e a l ] J o s e ph H . G u t r id e , which constitutes an increased rate and ORDER FOR HEARING AND SUSPENDING Secretary. charge, is contained in the following des­ PROPOSED CHANGE IN RATE [F. R. Doc. 57-10866; Filed, Dec. 31, 1957; ignated filing; 8:46 a. m.] D ecember 24,1957. Description: Notice of change, undated. Purchaser: El Paso Natural Gas Company. Magnolia Petroleum Company (Oper­ Rate schedule designation: Supplement- ator) , et al. (Respondent), on November No. 1 to Respondent’s FPC Gas Rate Sched­ 27, 1957, tendered for filing a proposed [Docket No. G-14069] ule No. 169. change in its presently effective rate Effective date: January 1, 1958. (Effective schedule for sales of natural gas subject T exas G u l f P r o d u c in g C o . date is the effective date proposed by Re­ spondent.) to the jurisdiction of the Commission. ORDER FOR HEARING AND SUSPENDING The proposed change, which constitutes PROPOSED CHANGE IN RATE The proposed change is a favored- an increased rate and charge, is con­ nations increase based upon a spiral es­ tained in the following designated filing; D e cem ber 24,1957. calation increase of another seller. In Texas Gulf Producing Company (Re­ Description: Notice of change, undated. support of the increase, Respondent Purchaser: Trunkline Gas Company. spondent), on November 27, 1957, ten­ states that the contract was negotiated Rate schedule designation: Supplement dered for filing a proposed change in its by arm’s-length bargaining. Respond­ No. 10 to Magnolia’s FPC Gas Rate Schedule presently effective rate schedule for the ent also states that costs of producing No. 41. sale of natural gas subject to the juris­ natural gas are increasing and gives Effective date: January 1, 1958. (Effective diction of the Commission. The pro­ some examples of such increasing costs. date is the effective date proposed by posed change, which constitutes an in­ > The increased rate and charge so pro­ Respondent.) creased rate and charge, is contained in posed has not been shown to be justi­ In support of the proposed periodic the following designated filing: fied, and may be unjust, unreasonable, rate increase, Respondent states that the Description: Notice of change, undated. unduly discriminatory, or preferential, installment price schedule for the long Purchaser: Trunkline Gas Company. or otherwise unlawful. term of the contract resulted from arm’s- Rate schedule designation: Supplement The Commission finds: It is necessary length bargaining, and cites increasing No. 2 to Texas Gulf’s FPC Gas Rate Schedule and proper in the public interest and costs of exploration, production, and No. 22. to aid in the enforcement of the provi­ processing of natural gas which it asserts Effective date: January 1, 1958. (Effec­ sions of the Natural Gas Act that the require additional revenue. tive date is the effective date' proposed by Respondent.) Commission enter upon a hearing con­ The increased rate and charge so pro­ cerning the lawfulness of the said pro­ posed has not been shown to be justified, In support of the proposed periodic posed change, and that said supplement and may be unjust, unreasonable, unduly rate increase, Texas Gulf states that the to Respondent’s rate schedule, described discriminatory, or preferential, or other­ prices to be paid under the contract and designated in the first paragraph wise unlawful. were an integral part of the whole con­ hereof, be suspended and the use thereof The Commission finds: It is neces­ sideration resulting from arms-length deferred as hereinafter ordered. sary and proper in the public interest bargaining. The Commission orders: and to aid in the enforcement of the The increased rate and charge so pro­ (A ) Pursuant to the authority of theprovisions of the Natural Gas Act that posed has not been shown to be justified, Natural Gas Act, particularly sections 4 the Commission enter upon a hearing and may be unjust, unreasonable, un­ and 15 thereof, the Commission’s rules concerning the lawfulness of the said duly discriminatory, or preferential, of practice and procedure, and the regu­ proposed change, and that said supple­ or otherwise unlawful. lations under the Natural Gas Act (18 ment to Respondent’s rate schedule, de­ The Commission finds: It is neces­ lCFR Ch. I), a public hearing be held scribed and designated in the first para- sary and proper in the public interest 22 NOTICES and to aid in the enforcement of the No. 8 to Le Cuno’s FPC Gas Rate Schedule charge, is contained In the following provisions of the Natural Gas Act that No. 1. designated filing: the Commission enter upon a hearing Effective date: January 6, 1958. (Effective date is the first day after expiration of the Description: Notice of change, dated No­ concerning the lawfulness of the said required 30 days’ notice.) vember 26, 1957. proposed change, and that said supple-' Purchaser: Hassle Hunt Trust. ment to Respondent’s rate schedule, In support of the proposed “ favored Rate schedule designation: Supplement described and designated in the first nation” increased rate, Le Cuno states No. 5 to Marshall’s FPC Gas Rate Schedule paragraph hereof, be suspended and the that its contract was negotiated in good No. 1. use thereof deferred as hereinafter faith prior to the Commission’s assum­ Effective date: December 30, 1957. (Effec­ ing jurisdiction of natural gas producers tive date is the first day after expiration of ordered. the required thirty days’ notice.) The Commission orders: and that the pricing provisions were an (A ) Pursuant to the authority of the inducement to enter upon the long-term In support of the proposed periodic Natural Gas Act, particularly sections 4 contract. rate increase, Respondent cites the con­ and 15 thereof, the Commission’s rules The increased rate and charge so pro­ tract provisions. Respondent previously of practice and procedure, and the regu­ posed has not been shown to be justified, filed a lesser increase in rate, designated lations under the Natural Gas Act (18 and may be unjust, unreasonable, unduly Supplement No. 4 to his FPC Gas Rate CFR Ch. I ) , a public hearing be held discriminatory, or preferential, or other­ Schedule No. 1, which was suspended in upon a date to be fixed by notice from wise unlawful. Docket No. G-9722, but has not become the Secretary concerning the lawfulness The Commission finds: It is necessary effective, no motion therefor having of the proposed increased rate and and proper in the public interest and to been filed. Respondent requested that charge contained in said supplement to aid in the enforcement of the provisions the proposed increased rate become Respondent’s rate schedule. of the Natural Gas Act that the Commis­ effective as of November 1, 1957. (B) Pending such hearing and deci­ sion enter upon a hearing concerning the The increased rate and charge so pro­ sion thereon, said supplement be and it lawfulness of the said proposed change, posed has not been shown to be justified, is hereby suspended and the use thereof and that the above-designated supple­ and may be unjust, unreasonable, un­ deferred for a period of five months from ments be suspended and the use thereof duly discriminatory, or preferential, or and after the “effective date” set forth deferred as hereinafter ordered. otherwise unlawful. in the first paragraph hereof, and until The Commission orders: The Commission finds: It is necessary such further time as it is made effective (A ) Pursuant to the authority of the and proper in the public interest and to in the manner prescribed by the Natural Natural Gas Act, particularly sections 4 aid in the enforcement of the provisions Gas Act. and 15 thereof, the Commission’s rules of the Natural Gas Act that thé Com­ (C) Neither the supplement hereby of practice and procedure, and the regu­ mission enter upon a hearing concern­ suspended, nor the rate schedule sought lations under the Natural Gas Act (18 ing the lawfulness of the said proposed to be altered thereby, shall be changed CFR Ch. I ), a public hearing be held change, and that said supplement to Re­ until this proceeding has been disposed upon a date to be fixed by notice from spondent’s rate schedule, described and of or until the period of suspension has the Secretary concerning the lawfulness designated in the first paragraph hereof, expired, unless otherwise ordered by the of the proposed increased rate and be suspended and the use thereof de­ Commission. charge. ferred as hereinafter ordered. (D ) Interested State commissions may (B) Pending such hearing and deci­ The Commission orders: sion thereon, said supplements áre participate as provided by §§ 1.8 and 1.37 (A ) Pursuant to the authority of the ( f ) of the Commission’s rules of practice hereby suspended and the use thereof de­ Natural Gas Act, particularly sections 4 ferred until June 6, 1958, and until such and procedure (18 CFR 1.8 and 1.37 (f)). and 15 thereof, the Commission’s rules further time as they are made effective of practice and procedure, and the regu­ By the Commission (Commissioners in the manner prescribed by the Natural lations under the Natural Gas Act (18 Digby and Kline dissenting).. Gas Act. CFR Ch. I ), a public hearing be held (C) Neither the supplements hereby [ s e a l] J o s e ph H . G u t r id e , upon a date to be fixed by notice from Secretary. suspended, nor the rate schedule sought thé Secretary concerning the lawfulness to be altered thereby, shall be changed of the proposed increased rate and [F. R. Doc. 57-10867; Filed, Dec. 81, 1957; until this proceeding has been disposed 8:46 a. m.] charge contained in said supplement to of or until the period of suspension has Respondent’s rate schedule. expired, unless otherwise ordered by the (B) Pending such hearing and deci­ Commission. sion thereon, said supplement be and it (D) Interested State commissions may is hereby suspended and the use thereof [Docket No. G-14070] participate as provided by §§ 1.8 and 1.37 deferred for a period of five months from (f) of the Commission’s rules of practice L e C u n o O il C o r p. and after the “effective date” set forth and procedure (18 CFR 1.8 arid 1.37 (f) ). in the first paragraph hereof, and until order for h e a r in g a n d s u s p e n d in g By the Commission. such further time as it is made effective proposed ch ange i n rate in the manner prescribed by the Natural [ s e a l ] J o s e ph H. G u t r id e , D ecem ber 24,1957. Secretary. Gas Act. Le Cuno Oil Corporation (Le Cuno)', (C) Neither the supplement hereby on November 26 and December 6, 1957, [F. R. Doc. 57-10868; Filed, Dec. 31, 1957; suspended, nor the rate schedule sought 8:46 a. m.] tendered for filing a proposed change in to be altered thereby, shall be changed its presently effective rate schedule1 for until this proceeding has been disposed the sale of natural gas, subject to the of or until the period of suspension has jurisdiction of the Commission. The expired, unless otherwise ordered by the proposed change, which constitutes an [Docket No. G-14071] Commission. increased rate and charge, is contained J. E. M ar sh a ll et a l . CD) Interested State commissions may in the following designated filing: ORDER FOR HEARING AND SUSPENDING participate as provided by §§ 1.8 and 1.37 Description: (1) Notice of change, dated. PROPOSED CHANGE IN RATE (f ) of the Commission’s rules of practice November 22,1957. (2) Notice of correction, and procedure (18 CFR 1.8 and 1.37 (f ) ). dated December 2, 1957. December 24, 1957. Purchaser: Texas Eastern Transmission J. E. Marshall, et al. (Respondent), By the Commission (Commissioners Corporation. on November 29,1957, tendered for filing Digby and Kline dissenting). Rate schedule designation: Supplement No. 8 and Supplement No. 1 to Supplement a proposed change in its presently effec­ [ s e a l] J o s e ph H. G u t r id e , tive rate schedule for the sale of natural Secretary. 1 Presently effective rate was suspended gas subject to the jurisdiction of tjie and has been made effective subject to re­ Commission. The proposed change, [F. R. Doc. 57-10869; Filed, Dec. 31, 1957; fund in Docket No. G-11339. which constitutes an increased rate and 8:46 a. m.] "Wednesday, January 1, 1958 FEDERAL REGISTER 23

[Docket No. G-14072] tice and procedure (18 CFR 1.8 and 1.37 (D ) Interested State commissions may S tandard O il C o . o f T exas (f)). participate as provided by §§ 1.8 and 1.37 By the Commission. (f) of the Commission’s rules of practice ORDER FOR HEARING AND SUSPENDING and procedure (18 CFR 1.8 and 1.37 (f) ), PROPOSED CHANGE IN RATE [ s e a l ] J o s e ph H. G u t r id e , Secretary. By the Commission (Commissioners D ecember 24,1957. Digby and Kline dissenting). Standard Oil Company of Texas [P. B. Doc. 57-10870; Filed, Dec. 31, 1957; (Standard Oil), on November 25, and 8:46 a. m.] : [ s e a l ] J o se ph H . G u t r id e , November 27, 1957, tendered for filing Secretary. a proposed change in its presently ef­ [F. R. Doc. 57-10871; Filed, Dec. 31. 1957; fective rate schedule for the sale of 8:47 a. m.] natural gas subject to the jurisdiction [Docket No. G-14074J of the Commission. The proposed E d w i n L. C ox change, which constitutes an increased ORDER FOR HEARING AND SUSPENDING rate and charge, is contained in the fol­ ;F [ Docket No. G-14079 J lowing designated filings: pro po sed c h ang es i n rates C it ie s S ervice O i l C o . Description: (1) Letter of agreement dated D ecem ber 24, 1957. July 24, 1957. (2) Letter of agreement dated Edwin L. Cox (Cox), on November 29, ORDER FOR HEARING AND SUSPENDING August 21, 1957. (3) Notice of change, un­ 1957, tendered for filing proposed pro po sed ch a n g e s i n rates dated. changes in its presently effective rate Purchaser: Texas Eastern Transmission schedules for sales of natural gas sub­ D ecem ber 24,1957. Corporation. ject to the jurisdiction of the Commis­ Cities Service Oil Company (Respond­ Bate schedule designation: Supplements Nos. 7, 8 and 9 to Standard Oil's FPC Gas sion. The proposed changes, which con­ ent) on November 27, 1957, and Novem­ Bate Schedule No. 2. stitute increased rates and charges, are ber 29, 1957, tendered for filing proposed Effective date: January 1, 1958. (Effec­ contained in the following designated changes in its presently effective rate tive date is the effective date proposed by filings: schedules for sales of natural gas sub­ Standard Oil.) Description : Notices of change, undated. ject to the jurisdiction of the Commis­ In support of the proposed periodic Purchaser: Natural Gas Pipeline Company sion. The proposed changes which con­ rate increase, Standard Oil cites the con­ of America. stitute increased rates and charges are tract provisions and asserts that the in­ Bate schedule designation: (1) Supplement contained in the following designated No. 4 to Cox’s FPC Gas Bate Schedule No. 13. filings: crease is not a rate change but part of (2) Supplement No. 3 to Cox’s FPC Gas Bate the rate for the life of the contract. Schedule No. 17. Description: Notices of change dated No­ vember 25, 1957. . The increased rate and charge so pro­ Effective date: January 23,1958. (Effective Purchaser: El Paso Natural Gas Company. posed has not been shown to be justified, date is the effective date proposed by Cox.) and may be unjust, unreasonable, un­ Bate schedule designations: Supplement In support of the proposed periodic No. 4 to Respondent’s FPC Gas Bate Sched­ duly discriminatory, or preferential or rate increase, Cox cites the contract pro­ ule No. 19. Supplement No. 3 to Respondent’s otherwise unlawful. visions and asserts that the graduated FPC Gas Rate Schedule No. 20. Supplement The Commission finds: It is necessary pricing is economically desirable to all No. 4 to Respondent’s FPC Gas Bate Schedule No. 21. Supplement No. 2 to Respondent’s and proper in the public interest and to parties and in the public interest. aid in the enforcement of the provisions FPC Gas Bate Schedule No. 22. Supplement The increased rates and charges so of the Natural Gas Act that the Com­ No. 2 to Respondent’s FPC Gas Rate Schedule proposed have not been shown to be jus­ mission enter upon a hearing concerning No. 23. Supplement No. 4 to Respondent’s tified, and may be unjust, unreasonable, FPC Gas Bate Schedule No. 24. Supplement the lawfulness of the said proposed unduly discriminatory, or preferential, or No. 1 to Respondent’s FPC Gas Bate Schedule change, and that the above-designated otherwise unlawful. No. 28. supplements be suspended and the use The Commission finds: It is necessary Effective date: January 1, 1958. (Effec­ thereof deferred as hereinafter ordered. and proper in the public interest and to tive date is the date proposed by Re­ The Commission orders: spondent.) aid in the enforcement of the provisions (A) Pursuant to the authority of the of the Natural Gas Act that the Com­ In support of its proposed increases, Natural Gas Act, particularly sections 4 mission enter upon a hearing concerning Respondent states that the increased and 15 thereof, the Commission’s rules the lawfulness of the said proposed rates are provided for in contracts en­ of practice and procedure, and the regu­ changes, and that the above-designated tered into as a result of arm’s-length lations under the Natural Gas Act (18 supplements be suspended and the use bargaining and that the increased rates CFR Ch. I ), a public hearing be held thereof deferred as hereinafter ordered. are conservative being lower than the upon a date to be fixed by notice from the The Commission orders: market value of equivalent supplies. Secretary concerning the lawfulness of * (A ) Pursuant to the authority of the It appears that the proposed increases the proposed increased rates and charges Natural Gas Act, particularly sections 4 result from the operation of escalation contained in Supplements Nos. 7, 8 and and 15 thereof, the Commission’s rules provisions in the contracts but no proof 9 to Standard Oil’s FPC Gas Rate Sched­ of practice and procedure, and the regu­ has been submitted as to the date on ule No. 2. lations under the Natural Gas Act (18 which such escalation would be effective. (B) Pending such hearing and decision CFR Ch. I), a public hearing be held The increased rates and charges so upoji a date to be fixed by notice from proposed have not been shown to be jus­ thereon, said supplements are hereby the Secretary concerning the lawfulness tified, and may be unjust, unreasonable^ suspended and the use thereof deferred of the proposed increased rates and unduly discriminatory, or preferential, until June 1,1958, and until such further charges. or otherwise unlawful. time as they are made effective in the (B) Pending such hearing and de­ The Commission finds: . manner prescribed by the Natural Gas cision thereon, said supplements be and (1) Good cause exists that Respond­ Act. they are each hereby suspended and the ent submit within a reasonable time (C) Neither the supplements hereby use thereof deferred until June 23, 1958, proof of the date upon which the pro­ suspended, nor the rate schedule sought and until such further time as they are posed increased rates would become ef­ to be altered thereby, shall be changed made effective in the manner prescribed fective under the appropriate rate until this proceeding has been disposed by the Natural Gas Act. schedules. of or until the period of suspension has (C) Neither the supplements hereby (2) It is necessary and proper in the public interest and to aid in the enforce­ expired, unless otherwise ordered by the suspended nor the rate schedule sought ment of the provisions of the Natural Commission. to be altered thereby shall be changed until this proceeding has been disposed Gas Act, that the Commission enter upon (D) Interested State Commissions may of, or until the periods of suspension a hearing concerning the lawfulness of participate as provided by §§ 1.8 and 1.37 have expired, unless otherwise ordered the said proposed changes, and that the if) of the Commission’s rules of prac- by the Commission. above-designated supplements be sus- 24 NOTICES pended and the use thereof deferred as In support of the proposed rate in­ [Docket No. G—14087] hereinafter ordered. creases, Respondent states that the in­ P eerless O i l & G as C o . The Commission orders: creases are provided for in contracts en­ (A) Respondent shall submit proof, tered into as a result of arm’s length ORDER FOR HEARING AND SUSPENDING through agreement with the Buyer or bargaining and that they constitute the PROPOSED CHANGES IN RATES otherwise, of the date that the pro­ first increase accruing to Respondent in D ecem ber 24,1957. five years, during which period Re­ posed increased rates would have been Peerless Oil & Gas Company (Respond­ spondent’s costs have increased. effective under the appropriate rate ent) on November 25,1957 and December It appears that the proposed increases schedules. 2, 1957, tendered for filing proposed result from the operation of escalation (B) Pursuant to the authority of the changes in its presently effective rate provisions in the contracts but no proof Natural Gas Act, particularly sections schedules for sales of natural gas subject has been submitted as to the date on 4 and 15 thereof, the Commission’s rules to the jurisdiction of the Commission. which such escalation would be effective. of practice and procedure and the regu­ The proposed changes, which constitute The increased rate and Charge so pro­ lations under the Natural Gas Act (18 increased rates and charges, are con­ posed has not been shown to be justified, CFR Ch. I), a public hearing be held tained in the following designated upon a date to be fixed by notice from and may be unjust, unreasonable, un­ filings: the Secretary concerning the lawfulness duly discriminatory, or preferential, or of the proposed increased rates and otherwise unlawful. Description: (1) Notice of change, dated The Commission finds: November 18, 1957. (2) Notice of change, charges contained in said supplements to dated November 20, 1957. (3) Notice of Respondent’s rate schedules. ( 1 ) Good cause exists that Respondent change, dated November 26, 1957.' (4) Notice (C) Pending such hearing and decision submit within a reasonable time proof of change, dated November 26, 1957. (5) thereon, said supplements are each here­ of the date upon which the proposed in­ Notice of change, dated November 26, 1957. by suspended and the use thereof de­ creased rates would become effective (6) Notice of change, dated November 27, ferred until June 1, 1958, or until such under the appropriate rate schedule. 1957. (7) Notice of change, dated November date that is five months after the date (2) It is necessary and proper in the 27, 1957. (8) Notice of change, dated No­ public interest and to aid in the enforce­ vember 27, 1957. that the proposed rates set forth in said Purchaser: El Paso Natural Gas Company. supplements would have become effective ment of the provisions of the Natural Rate schedule designation: (1) Supple­ under the terms of the appropriate rate Gas Act, that the Commission enter ment No. 7 to Respondent’s PPC Gas Rate schedule, whichever is later, and until upon a hearing concerning the lawful­ Schedule No. 3. (2) Supplement No. 6 to such further time as they are made ness of the said proposed changes, and Respondent’s PPC Gas Rate Schedule No. 4. effective in the manner prescribed by that the above-designated suppleménts (3) Supplement No. 5 to Respondent’s FPC the Natural Gas Act. be suspended and the use thereof de­ Gas Rate Schedule No. 6. (4) Supplement ferred as hereinafter ordered. No. 2 to Respondent’s FPC Gas Rate Sched­ (D) Neither the supplements hereby ule No. 7. . (5) Supplement No. 3 to Re­ suspended, nor the rate schedules sought The Commission orders: spondent’s FPC Gas Rate Schedule No. 18. to be altered thereby, shall be changed (A ) Respondent shall submit proof, (6) Supplement No. 2 to Respondent's FPC until this proceeding has been disposed through agreement with the Buyer or Gas Rate Schedule No. 8. (7) Supplement of or until the periods of suspension otherwise, of the date that the proposed No. 4 to Respondent’s FPC Gas Rate Schedule have expired, unless otherwise ordered increased rates would have been effec­ No. 11. (8) Supplement No. 5 to Respond­ by the Commission. tive under the appropriate rate schedule. ent’s PPC Gas Rate Schedule No. 13. (B) Pursuant to the authority of the Effective date: (1) and (2 )— January 1, (E) Interested State commissions may 1958. (Effective date is the effective date participate as provided by § § 1.8 and Natural Gas Act, particularly sections proposed by Respondent.) (3) through 1.37 (f) of the Commission’s rules of 4 and 15 thereof, the Commission’s rules (8 )— January 2, 1958. (Effective date is the practice and procedure (18 CFR 1.8 and of practice and procedure and the regu­ first day after expiration of the required 1.37 (f)). lations under the Natural Gas Act (18 thirty days’ notice.) CFR Ch. I ), a public hearing be held In support of the proposed price in­ By the Commission. upon a date to be fixed by notice from creases, Respondent states that the in­ o se ph u t r id e the Secretary concerning the lawfulness J H. G , creased rates are provided for in the Secretary. of the proposed increased rates and contracts. charges contained in said supplements to It appears that the proposed increases [P. R. Doc. 57-10872; Piled, Dec. 31, 1957; Respondent’s rate schedules. 8:47 a. m.] result from the operation of escalation (C) Pending such hearing and deci­ provisions in the contracts but no proof sion thereon, said supplements are each has been submitted as to the date on hereby suspended and the use thereof which such escalation would be effective. deferred until June 1, 1958, or until such [Docket No. G—14080] The increased rates and charges so date that is five months after the date S h e l l O i l C o . proposed have not been shown to be that the proposed rates set forth in said justified, and may be unjust, unreason­ supplements would have become effec­ ORDER FOR HEARING AND SUSPENDING able, unduly discriminatory, or prefer­ PROPOSED CHANGES IN RATE tive under the terms of the appropriate ential, or otherwise unlawful. rate schedule, whichever is later, and The Commission finds: D ecember 24, 1957. until such further time as they are made (1) Good cause exists that Respondent Shell Oil Company (Respondent), on effective in the manner prescribed by the submit within a reasonable time proof of November 25,11957,' and November 29, Natural Gas Act. the dates upon which the proposed in­ 1957, tendered for filing proposed (D) Neither the supplements hereby creased rates would become effective changes in its presently effective rate suspended, nor the rate schedules sought under the appropriate rate schedule. schedules for sales of natural gas, sub­ to be altered thereby, shall be changed (2) It is necessary and proper in the ject to the jurisdiction of the Commis­ until this proceeding has been disposed public interest and to aid in the enforce­ sion. The proposed changes, which of or until the periods of suspension have ment of the provisions of the Natural constitute increased rates and charges, expired, unless otherwise ordered by the Gas Act that the Commission enter upon are contained in the following designated Commission. a hearing concerning the lawfulness of filings: ). Rate schedule designation: Supplement The Commission orders: No. 5 to Respondent's FPC Gas Rate Sched­ By the Commission. (A) Respondent shall submit proof, ule No. 33. Supplement No. 9 to Respond­ ent’s PPC Gas Rate Schedule No. 41. [ se al] J o s e p h H . G u t r id e , through agreement with the Buyer or Effective date: January 1, 1958. (Effective Secretary. otherwise, of the date that the proposed hate is the effective date proposed by Re­ [P. R. Doc. 57-10873; Filed, Dec. 31, 1957} increased rates would have been effective spondent.) 8:47 a. m.] under the appropiate rate schedule. Wednesday, January 1, 1958 , FEDERAL REGISTER 25

(B) Pursuant to the authority of the going price in the area and less than the Rate schedule designation: Supplement Natural Gas Act, particularly sections present market value of natural gas. No. 2 to Respondent’s FPC Gas Rate Schedule 4 and 15 thereof, the Commission’s rules The increased rate and charge so pro­ No. 4. of practice and procedure, and the Regu­ posed has not been shown to be justified, Effective date: January 2, 1958, or date Increase becomes effective under rate sched­ lations under the Natural Gas Act (18 and may be unjust, unreasonable, unduly ule, if later. (Effective date is the date pro­ CFR Ch. I), a public hearing be held discriminatory, or preferential, or other­ posed by Respondent, or the date the increase upon a date to be fixed by notice from wise unlawful. becomes effective under the terms of the the Secretary concerning the lawfulness The Commission finds: It is necessary contract, whichever is later.) of the proposed increased rates and and proper in the public interest and to In support of the proposed periodic charges contained in said supplements aid in the enforcement of the provisions rate increase, Respondent states that it is to Respondent’s rate schedules. of the Natural Gas Act that the Com­ based upon the terms of the gas sales (C) Pending such hearing and deci­ mission enter upon a hearing concerning contract and increased costs. sion thereon, the supplements designated the lawfulness of the said proposed Respondent has not furnished suffi­ as items (1) and (2) in the first para­ change, and that said supplement to Re­ cient information to establish the date graph hereof are hereby suspended and spondent’s rate schedule, described and upon which the terms of the basic con­ the use thereof deferred until June 1, designated in the first paragraph hereof, 1958, and the supplements designated as be suspended and the use thereof de­ tract providing for such increase become operative.* items (3) through (8) are hereby sus­ ferred as hereinafter ordered. pended and the use thereof deferred The Commission orders: " The increased rate and charge so pro­ until June 2, 1958, or until such date (A ) Pursuant to the authority of the posed has not been shown to be justified, and may be unjust, unreasonable, unduly that is five months after the date the Natural Gas Act,, particularly sections proposed rate set forth in each of . said 4 and 15 thèreof, the Commission’s rules discriminatory, or preferential, or other­ wise unlawful. supplements would have become effec­ of practice and procedure, and the regu­ tive under the terms of the appropriate lations under the Natural Gas Act (18 The Commission finds: rate schedule, whichever is later, and CFR Ch. I) , a public hearing be held (1) Good cause exists that Respond­ until such further time as they are made upon a date to be fixed by notice from ent submit within a reasonable time effective in the manner prescribed by the the Secretary concerning the lawfulness proof of the date upon which the pro­ Natural Gas Act. of the proposed increased rate and posed increased rate would become ef­ (D) Neither the supplements hereby charge contained in said supplement to fective under the aforesaid Supplement suspended nor the rate schedules sought Respondent’s rate schedule. No. 2 to Respondent’s FPC Gas Rate to be altered thereby, shall be changed (B) Pending such hearing and deci­ Schedule No. 4. until this proceeding has been disposed sion thereon, said supplement be and it (2) It is necessary and proper in the of or until the period of suspension has is hereby suspended and the use thereof public interest and to aid in the enforce­ expired, unless otherwise ordered by the deferred for a period of five months from ment of the provisions of the Natural Commission. and after the “ effective date’’ set forth Gas Act that the Commission enter upon (E) Interested State commissions in the first paragraph hereof, and until a hearing concerning the lawfulness of may participate as provided by §§ 1.8 and such further time as it is made effective the proposed increased rate and charge 1.37 (f) of the Commission’s rules of in the manner prescribed by the Natural and that Supplement No. 2 to Respond­ practice and procedure (18 CFR 1.8 and Gas Act. ent’s FPC Gas Rate Schedule No. 4 be 1.37 (f)>. (C) Neither the supplement hereby suspended and the use thereof deferred as hereinafter ordered. By the Commission. suspended, nor the rate schedule sought to be altered thereby, shall be changed The Commission orders: J o s e ph H . G u t r id e , until this proceeding has been disposed (A ) Respondent shall submit proof, Secretary. of or until the period of suspension has through agreement with the buyer or expired, unless otherwise ordered by the otherwise, of the date the proposed in­ [F. R. Doc. 57-10874; Piled, Dec. 31, 1957; creased rate would have been effective 8:47 a. m.] Commission. (D) Interested State commissions under Supplement No. 2 to Respondent’s may participate as provided by §§1.8 FPC Gas Rate Schedule No. 4. and 1.37 (f ) of the Commissions rules of (B) Pursuant to the authority of the Natural Gas Act, particularly sections 4 [Docket No. G-14104] practice and procedure (18 CFR 1.8 and 1.37 (f)). and 15 thereof, the Commission’s rules C it ie s S ervice O i l C o . of practice and procedure, and the regu­ By the Commission (Commissioners lations under the Natural Gas Act (18 ORDER FOR HEARING AND SUSPENDING Digby and Kline dissenting). CFR, Ch. I ), a public hearing be held PROPOSED CHANGE IN RATE [ s e a l ] J o s e ph H . G u t r id e , upon a date to be fixed by notice from D ecem ber 24, 1957. Secretary. the Secretary concerning the lawfulness Cities Service Oil Company (Opera­ of the proposed increased rate and tor) , (Respondent), on November 29, [F. R. Doc. 57-10875; Filed, Dec. 31, 1957; charge contained in said Supplement No. 1957, tendered for filing a proposed 8:47 a. m.] 2 to Respondent’s FPC Gas Rate Sched­ change in its presently effective rate ule No. 4. schedule for sales of natural gas subject (C) Pending such hearing and deci­ to the jurisdiction of the Commission. sion thereon, said Supplement No. 2 to The proposed change, which constitutes [Docket No. G-14005] Respondent’s FPC Gas Rate Schedule an increased rate and charge, is con- R . O l s e n No. 4 be and it hereby is suspended and tamed in the following designated filing: the use therof deferred for a period of ORDER FOR HEARING AND SUSPENDING Description: Notice of change, undated. five months from and after the “ effective Purchaser: El Paso Natural Gas Company. PROPOSED CHANGE IN RATE date’’ set forth in the first paragraph Rate schedule designation: Supplement hereof, or the date the increase becomes D ecem ber 24,1957. n o . 5 to Respondent’s PPC Gas Rate Sched­ effective under the rate schedule, if later, ule No. 105. R. Olsen (Respondent), on December and until such further time as it is made Effective date: January 1, 1958. (Effective 2, 1957, tendered for filing a proposed effective in the manner prescribed by the aate is the date proposed by Respondent.) change in its presently effective rate Natural Gas Act. In support of the proposed periodic schedule for sales of natural gas subject (D) Neither the supplement hereby rate increase, Respondent states that it to the jurisdiction of the Commission. suspended nor the rate schedule sought based upon the contract provisions The proposed change, which constitutes to be altered thereby shall be changed and it would be unfair to deny such con­ an increased rate and charge, is con­ until this proceeding has been disposed of, or until the period of suspension has tractual increase aftef it has delivered tained in the following designated filing: natural gas during the earlier period at expired, unless otherwise ordered by the Description: Notice of change, dated No­ Commission. a lower rate. Respondent also states vember 26, 1957. (E) Interested State commissions that the proposed rate is less than the Purchaser: El Paso Natural Gas Company. may participate as provided by §§1.8 No. 1— —4 23 NOTICES and 1.37 (f) of the Commission’s rules in the manner prescribed by the Natural and charge contained in said supple­ of practice and procedure. Gas Act. ment to Respondent’s rate schedule. By the Commission (Commissioners (C) Neither the supplement hereby (B ) Pending such hearing and deci­ Digby and Kline dissenting). suspended, nor the rate schedule sought sion thereon, said supplement be and it to be altered thereby, shall be changed is hereby suspended and the use thereof [ s e a l ] J o s e p h H. G u t r id e , until this proceeding has been disposed deferred for a period of five months from Secretary. of or until the period of suspension has and after the “ effective date” set forth [P. R. Doc. 57-10876; Piled, Dec. 31, 1957; expired, unless otherwise ordered by the in the first paragraph hereof, and until 8:48 a. m.] Commission. such further time as it is made effective (D) Interested State commissions in the manner prescribed by the Nat­ may participate as provided by §§1.8 ural Gas Act. and 1.37 (f) of the Commission’s rules (C ) Neither the supplement hereby [Docket No. 0-14009] of practice and procedure (18 CFR 1.8 suspended, nor the rate schedule sought and 1.37 (f)). to be altered thereby, shall be changed P h i l l i p s P e t r o l e u m C o . By the Commission (Commissioners until this proceeding has been disposed ORDER FOR HEARING AND SUSPENDING Digby and Kline dissenting). of or until the period of suspension has PROPOSED CHANGE IN RATES expired, unless otherwise ordered by the [ s e a l ] J o s e p h H. G u t r id e , Ccynmission. D e c e m b e r 24,1957. Secretary. (D) Interested State commissions may Phillips Petroleum Company (Re­ participate as provided by §§ 1.8 and spondent), on November 25, 1957, ten­ [P. R. Doc. 57-10877; Piled, Dec. 31, 1957; 8:48 a. m.] 1.37 (f) of the Commission’s rules of dered for filing a proposed change in its practice and procedure (18 CFR 1.8 and presently effective rate schedule for sales 1.37 (f)). of natural gas subject to the jurisdiction By the Commission (Commissioners of the Commission. The proposed [Docket No. G—14013] change, which constitutes an increased Digby and Kline dissenting). W e s t e r n N a t u r a l G a s Co. rate and charge, is contained in the fol­ [ s e a l ] J o s e p h H. G u t r id e , lowing designated filing: ORDER FOR HEARING AND SUSPENDING Secretary. Description: Notice of change, dated No­ PROPOSED CHANGES IN RATE vember 21, 1957. [P. R. Doc. 57-10878? Filed, Dec. 31, 1957; Purchaser: Northern Natural Gas Com­ D e c e m b e r 24,1957. 8:48 a. m.] pany. Western Natural Gas Company (Re­ Rate schedule designation : Supplement No. spondent), on November 29, 1957 ten­ 5 to Phillips’ FFC Gas Rate Schedule No. 252. dered for filing a proposed change in its Effective date: January 1, 1958. (Effective rate schedule presently in effect for sales [Docket No. G-14019] date is the effective date proposed by Respondent.) of natural gas subject to the jurisdic­ M a g n o l ia P e t r o l e u m C o . tion of the Commission. The proposed In support of the proposed periodic change, which constitutes an increased ORDER FOR HEARING AND SUSPENDING rate increase, Respondent cites the pro­ rate and charge is contained in the PROPOSED CHANGES IN RATES visions of the contract agreed upon by following designated filing: D e c e m b e r 24,1957. arm’s-length bargaining, and states that Description: Notice of change, undated. periodic price increases are a necessity Purchaser: El Paso Natural Gas Company. Magnolia Petroleum Company (Re­ to the gas industry, that the proposed Rate schedule designation: Supplement spondent), on November 27, 1957, ten­ increase is not sufficient to offset costs No. 2 to Respondent’s FPC Gas Rate Sched­ dered for filing proposed changes in fairly apportioned to business, and is just ule No. 3. presently effective rate schedules for and reasonable and fully supported. Effective date: January 1, 1958. (Effective sales of natural gas, subject to the juris­ The increased rate and charge so pro­ date is the effective date proposed by Re­ diction of the Commission. The pro­ posed has not been shown to be justified, spondent.) posed changes, which constitute in­ and may be unjust, unreasonable, unduly In support of the proposed periodic creased rates and charges, are contained discriminatory, or preferential, or other­ rate increase, Respondent states that in the following designated filings: wise unlawful. the increased rates were agreed to by Description: Notices of change, undated. The Commission finds: It is necessary both parties after arm’s-length bargain­ Purchaser: Lone Star Gas Company. and proper in the public interest and to ing in good faith, and alleges increased, Rate schedule designations: (1) Supple­ aid in the enforcement of the provisions costs and general economic desirability ment No. 2 to Magnolia Petroleum Company of the Natural Gas Act that the Commis­ of the proposal. FPC Gas Rate Schedule No. 8. (2) Supple­ sion enter upon a hearing concerning the ment No. 2 to Magnolia Petroleum Company The increased rate and charge so pro­ FPC Gas Rate Schedule No. 79. (3) Sup­ lawfulness of the said proposed change, posed has not been shown to be justi­ plement No. 2 to Magnolia Petroleum Com­ and that said supplement to Respond­ fied, and may be unjust, unreasonable, pany FPC Gas Rate Schedule No. 130. (4) ent’s rate schedule, described and desig­ unduly discriminatory, or preferential, Supplement No. 2 to Magnolia Petroleum nated in the first paragraph hereof, be or otherwise unlawful. * Company PPC Gas Rate Schedule No. 77. suspended and the use thereof deferred The Commission finds: It is necessary Effective date: January 1, 1958. (Effec­ as hereinafter ordered. and proper in the public interest and to tive dates are the effective dates proposed The Commission orders: aid in the enforcement of the provisions by Respondent.) (A ) Pursuant to the authority of the of the Natural Gas Act that the Com­ In support of the proposed increased Natural Gas Act, particularly sections 4 mission enter upon a hearing concern­ rates, Respondent states that the peri­ and 15 thereof, the Commission’s rules ing the lawfulness of the said proposed odic rate adjustments are called for by of practice and procedure, and the regu­ change, and that said supplement to contractual provisions with Lone Star lations under the Natural Gas Act (18 Respondent’s rate schedule, described negotiated at arm’s length and in good CFR Chapter I ) , a public hearing be and designated in the first paragraph faith to provide a fair rate of return. held upon a date to be fixed by notice hereof, be suspended and the use there­ Further, Respondent alleges that the in­ from the Secretary concerning the law­ of deferred as hereinafter ordered. creased rates do not exceed the current fulness of the proposed increased rate The Commission orders: market price in the field, and that such and charge contained in said supplement (A ) Pursuant to the authority of therates reflect increased production costs. to Respondent’s rate schedule. Natural Gas Act, particularly sections Suffice to say, such statements relating (B) Pending such hearing and deci­ 4 and 15 thereof, the Commission’s rules to arm’s length bargaining and field sion thereon, said supplement be and it of practice and procedure, and the Regu­ value do not, per se, demonstrate the is hereby suspended and the use thereof lations under the Natural Gas Act (18 lawfulness of the increased rates. Un­ deferred for a period of five months from CFR Ch. I ) , a public hearing be ion Oil Company, 16 F. P. C. 100. and after the “ effective date” set forth held upon a date to be fixed by notice The increased rates and charges so in the first paragraph hereof, and until from the Secretary concerning the law­ proposed have not been shown to be jus­ such further time as it is made effective fulness of the proposed increased rate tified, and may be unjust, unreasonable, Wednesday, January 1, 1958 FEDERAL REGISTER 27

[ unduly discriminatory, or preferential, Rate schedule designation: Supplement [Docket No. G-14028] I or otherwise unlawful. No. 1 to Anderson-Prichard Oil Corporation B r it is h -A m e r ic a n O i l P r o d u c in g C o . ■ [ The Commission finds: It is necessary FPC Gas Rate Schedule No. 15. Supplement No. 1 to Anderson-Prichard Oil Corporation ORDER FOR HEARING AND SUSPENDING and proper in the public interest and to FPC Gas Rate Schedule No. 74. PROPOSED CHANGE IN RATE I aid in the enforcement of the provisions Effective date: January 1, 1958. (Effec­ [ of the Natural Gas Act that the Com- tive dates are the effective dates proposed D e c e m b e r 24,1957. [ mission enter upon a hearing coneern- by Respondent.) [ ing the lawfulness of the said proposed The British-American Oil Producing I changes, and that the aforesaid supple- In support of the proposed increased Company (Respondent), on November [ ments to Respondent’s rate schedules, rates, Respondent states that the 26, 1957, tendered for filing a proposed T described and designated in the first periodic rate adjustments are the result change in its presently effective rate paragraph hereof, be suspended and the of contractual provisions with Lone Star schedule for the sale of natural gas, sub­ Gas Company negotiated at arm’s use thereof deferred as hereinafter ject to the jurisdiction of the Commis­ | ordered. length, that such provisions afford sion. The proposed change, which con­ S Respondent protection against increases The Commission orders: stitutes an increased rate and charge, (A) Pursuant to the authority of thein operating costs, and that denial of is contained in the following designated [ Natural Gas Act, particularly sections such increases would deprive Respond­ filing: I 4 and 15 thereof, the Commission’s rules ent of its right to a just and reasonable Description: Notice of change, dated No­ I of practice and procedure, and the reg- return. Such general conclusionary vember 22, 1957. I ulations under the Natural Gas Act (18 statements alone are insufficient to dem­ Purchaser: El Paso Natural Gas Company. [ CFR Ch. I), a public hearing be held onstrate, per se, the lawfulness of the Rate schedule designation: Supplement increased rates. No. 4 to Respondent’s FPC Gas Rate Schedule [ upon a date to be fixed by notice from No. 14. [ the Secretary concerning the lawfulness The increased rates and charges so proposed have not been shown to be jus­ Effective date: January 1, 1958. (Effective [ of the proposed increased rates and date is the effective date proposed by I charges contained in said supplements tified, and may be unjust, unreasonable, Respondent.) unduly discriminatory, or preferential, I to Respondent’s rate schedules. In support of the proposed rate in­ (B) Pending such hearing and deci-or otherwise unlawful. The Commission finds: It is necessary crease, Respondent states that it is pur­ I sion thereon, said supplements be and suant to a basic contract resulting from I they are each hereby suspended and the and proper in the public interest and to aid in the enforcement of the provisions arm’s-length negotiations, and is needed I use thereof deferred for a period of five to meet increased costs of production. I months from and after the “ effective of the Natural Gas Act that the Commis­ sion enter upon a hearing concerning the The increased rate and charge so pro­ I date” set forth in the first paragraph posed has not been shown to be justified, I hereof, and until such further time as lawfulness of the said proposed changes, and may be unjust, unreasonable, un­ I they are made effective in the manner and that the aforesaid supplements to Respondent’s rate schedules, described duly discriminatory, or preferential, or I prescribed by the Natural Gas Act. otherwise unlawful. (C) Neither the supplements herebyand designated in the first paragraph hereof, be suspended and the use thereof The Commission finds: It is necessary I suspended, nor the rate schedules sought and proper in the public interest and to I to be altered thereby, shall be changed deferred as hereinafter ordered. The Commission orders: aid in the enforcement of the provisions I until this proceeding has been disposed of the Natural Gas Act that the Com­ I of or until the period of suspension has (A ) Pursuant to the authority of the Natural Gas Act, particularly sections 4 mission enter upon a hearing concern­ I expired, unless otherwise ordered by the ing the lawfulness of the said proposed E Commission. and 15 thereof, the Commission’s rules of practice and procedure, and the regu­ change, and that said supplement to (D) Interested State commissions may Respondent’s rate schedule, described I participate as provided by §§ 1.8 and 1.37 lations under the Natural Gas Act (18 CFR Chapter I ) , a public, hearing be and designated in the first paragraph I (f) of the Commission’s rules of practice hereof, be suspended and the use there­ I and procedure (18 CFR 1.8 and 1.37 (f)). held upon a date to be fixed by notice from the Secretary concerning the law­ of deferred as hereinafter ordered. I By the Commission (Commissioners fulness of the proposed increased rates The Commission orders: I Digby and Kline dissenting). and charges contained in said supple­ (A ) Pursuant to the authority of the Natural Gas Act, particularly sections 4 [ seal] J o s e ph H . G u t r id e , ments to Respondent’s rate schedules. and 15 thereof, the Commission’s rules Secretary. (B) Pending such hearing and deci­ sion thereon, said supplements be and of practice and procedure, and the regu­ I (F. R. Doc. 57-10879; Filed, Dec. 31, 1957; they are each hereby suspended and the lations under the Natural Gas Act (18 8.48 a. m.] use thereof deferred for a period of five CFR Ch. I), a public hearing be held months from and after the “ effective upon a date to be fixed by notice from the date” set forth in the first paragraph Secretary concerning the lawfulness of hereof, and until such further time as the proposed increased rate and charge [Docket No. G—14020] they are made effective in the manner contained in said supplement to Re­ prescribed by the Natural Gas Act. spondent’s rate schedule. A nd e r so n -P richard O il C o r p. (C) Neither the supplements hereby (B) Pending such hearing and deci­ ORDER FOR HEARING AND SUSPENDING suspended, nor the rate schedules sought sion thereon, said supplement be and it is PROPOSED CHANGES IN RATES . to be altered thereby, shall be changed hereby suspended and the use thereof until this proceeding has been disposed of deferred for a period of five months from D ecem ber, 24,1957. or until the period of suspension has ex­ and after the “ effective date” set forth Anderson-Prichard Oil Corporation pired, unless otherwise ordered by the in the first paragraph hereof, and until (Respondent), on November 25, and 29, Commission. such further time as it is made effective *®®7, tendered for filing proposed (D) Interested State commissions may in the manner prescribed by the Natural changes in presently effective rate participate as provided by §§ 1.8 and 1.37 Gas Act. schedules for sales of natural gas, sub­ (f ) of the Commission’s rules of practice (C) Neither the supplement hereby ject to the jurisdiction of the Commis­ and procedure (18 CFR 1.8 and 1.37 (f) ). suspended, nor the rate schedule sought sion. The proposed changes, which to be altered thereby, shall be changed By the Commission (Commissioners until this proceeding has been disposed constitute increased rates and charges, Digby and Kline dissenting). are contained in the following desig­ of or until the period of suspension has nated filings: [ s e a l] J o se ph H . G u t r id e , expired, unless otherwise ordered by the Secretary. Commission. Description: Notice of change, dated No- (D) Interested State commissions Vember 22, 1957. Notice of change, undated. [F. R. Doc. 57-10880; Filed, Dec. 31, 1957; may participate as provided by §§ 1.8 and Purchaser: Lone Star Gas Company. 8:48 a. m.] 1.37 (f) of the Commission’s rules Of, 28 NOTICES practice and procedure (18 CFR 1.8 and from the Secretary concerning the law­ The Commission finds: It is necessary 1.37 (f)). fulness of the proposed increased rates and proper in the public interest and to By the Commission (Commissioners and charges contained in said supple­ aid in the enforcement of the provisions Digby and Kline dissenting). ments to Respondent’s rate schedules. of the Natural Gas Act that the Com­ (B) Pending such hearing and deci­ mission enter upon a hearing concerning [ s e a l ] J o s e ph H. G u t r id e , sion thereon, said supplements be and the lawfulness of the said proposed Secretary. they are each hereby suspended and the change, and that said supplement to Re­ [F. R. Doc. 57-10881; Filed, Dec. 31, 1957; use thereof deferred for a period of five spondent’s rate schedule, described and 8:49 a. m.] months from and after the “ effective designated in the first paragraph hereof, date” set forth in the first paragraph be suspended and the use thereof de­ hereof, and until such further time as ferred as hereinafter ordered. they are made effective in the manner The Commission orders: * [Docket No. G-14038] prescribed by the Natural Gas Act. (A ) Pursuant to the authority of the (C) Neither the supplements hereby M a g n o l ia P e t r o l e u m C o . et a l . Natural Gas Act, particularly sections 4 suspended, nor the rate schedules sought and 15 thereof, the Commission’s rules ORDER FOR HEARING AND SUSPENDING to be altered thereby, shall be changed of practice and procedure, and the regu­ PROPOSED CHANGE IN RATES until this proceeding has been disposed lations under the Natural Gas Act (18 of or until the period of suspension has D ecem ber 24, 1957. CFR Chapter I ) , a public hearing be expired, unless otherwise ordered by the held upon a date to be fixed by notice Magnolia Petroleum Company (Oper­ Commission. from the Secretary concerning the law­ ator), et al. (Respondent), on November (D ) Interested State commissions may fulness of the proposed increased rate 27, 1957, tendered for filing proposed participate as provided by §§ 1.8 and 1.37 and charge contained in said supple­ changes in presently effective rate ( f ) of the Commission’s rules of practice ment to Respondent’s rate schedule. schedules for sales of natural gas, sub­ and procedure (18 CFR 1.8 and 1.37 (f)). (B) Pending such hearing and deci­ ject to the jurisdiction of the Commis­ sion thereon, said supplement be and it sion. The proposed changes, which con­ By the Commission (Commissioners is hereby suspended and the use thereof stitute increased rates and charges, are Digby and Kline dissenting). deferred until December 27, 1957, and contained in the following designated [ s e a l ! J o s e ph H. G u t r id e , until such further time as it is made ef­ filings: Secretary. fective in the manner prescribed by the Description: Notices of change, undated. [F. R. Doc. 57-10882; Filed, Dec. 31, 1957; Natural Gas Act. Purchaser: Lone Star Gas Company. 8:49 a. m.] (C) Neither the supplement hereby Rate schedule designation: (1) Supple­ suspended, nor the rate schedule sought ment No. 1 to Magnolia Petroleum Company (Operator), et al., FPC Gas Rate Schedule to be altered thereby, shall be changed No. 12. (2) Supplement No. 3 to Magnolia until this proceeding has been disposed Petroleum Company (Operator), et al., FPC [Docket No. G-14050] of or until the period of suspension has Gas Rate Schedule No. 14. (3) Supplement expired, unless otherwise ordered by the No. 1 to Magnolia Petroleum. Company P ure O il C o . Commission. (Operator), et al., FPC Gas Rate Schedule (D ) Interested State commissions may No. 118. ORDER FOR HEARING AND SUSPENDING PROPOSED CHANGE IN RATES participate as provided by §§ 1.8 and 1.37 Effective date: January 1, 1958. (Effec­ Of) of the Commission’s rules of practice tive dates are the effective dates proposed by D ecem ber 24, 1957. Respondent.) and procedure (18 CFR 1.8 and 1.37 The Pure Oil Company (Respondent) , (f ) ). In support of the proposed increased on November 25, 1957, tendered for filing By the Commission. rates, Respondent states that the peri­ a proposed change in its rate schedule odic rate adjustments are called for by presently in effect for sales of natural [ s e a l ] J o s e ph H. G u t r id e , contractual provisions with Lone Star gas subject to the jurisdiction of the Secretary. negotiated at arm’s length and in good Commission. The proposed change, [F. R. Doc. 57-10883; Filed, Dec. 31, 1957; faith to provide a fair rate of return. which constitutes an increased rate and 8:49 a. m.[ Moreover, Respondent alleges that the charge, is contained in the following increased rates do not exceed the cur­ designated filing: rent market price in the field and that Description: Notice of change, undated. such rates reflect, increased production Purchaser: Magnolia Petroleum Company. [Docket No. G—14053] costs. Arm’s-length bargaining and Rate schedule designation: Supplement field value alone do not suffice, per se, to No. 29 to Respondent’s FPC Gas Rate Sched­ J. R . G o f f ule No. 11. demonstrate the lawfulness of the in­ ORDER FOR HEARING AND SUSPENDING Effective date: December 26, 1957. (Effec­ creased rates. Union Oil Company, 16 PROPOSED CHANGE IN RATES F. P. C. 100. tive date is the first day after expiration of The increased rates and charges so the required thirty days’ notice.) D ecem ber 24, 1957. proposed have not been shown to be The proposed change in rate is a rev­ J. R, Goff, Trustee (Respondent), on justified, and may be unjust, unreason­ enue sharing increase based on a fa ­ November 29, 1957, tendered for filing a able, unduly discriminatory, or prefer­ vored-nation increase filed by the pur­ proposed change in its rate schedule ential, or otherwise unlawful. chaser. The contract between the presently in effect for sales of natural J The Commission finds: It is necessary parties provides that Respondent shall gas subject to the jurisdiction of the and proper in the public interest and to receive from the purchaser a price per Commission. The proposed change, aid in the enforcement of the provisions Mcf equal to that received by the latter which constitutes an increased rate and of the Natural Gas Act that the Commis­ from its pipeline purchaser less 1.0 cent charge, is contained in the following des­ sion enter upon a hearing concerning the per Mcf and a 4.5 cents per Mcf com­ ignated filing: lawfulness of the said proposed changes, pression charge where applicable. The Description: Notice of change, undated. and that the aforesaid supplements to purchaser is presently collecting its Purchaser: Trunkline Gas Company. Respondent’s rate schedules, described favored-nation increase, subject to re­ Rate schedule designation: Supplement No. and designated in the first paragraph fund if so ordered in the proceeding in 2 to Respondent’s FPC Gas Rate Schedule hereof, be suspended and the use thereof Docket No. G-12201. In support of its No. 1. deferred as hereinafter ordered. proposed increase, Respondent merely Effective date: January 1, 1958. (Effective The Commission orders: cites the contract provisions and the date is the effective date proposed by Re­ (A ) Pursuant to the authority of thefact that the purchaser has proposed an spondent.) Natural Gas Act, particularly sections 4 increase in its rates. In support of the proposed periodic and 15 thereof, the Commission’s rules The increased rate and charge so pro­ rate increase, Respondent states that the of practice and procedure, and the regu­ posed has not been shown to be justi­ provisions of the contract for increased lations under the Natural Gas Act (18 fied, and may be unjust, unreasonable, rates resulted from arm’s-length bar­ CFR, Chapter I), a public hearing be unduly discriminatory, or preferential, gaining in good faith to allow for vary­ held upon a date to be fixed by notice or otherwise unlawful. ing economic conditions. Respondent Wednesday, January 1, 7958 FEDERAL REGISTER 29

also contends that the proposed rate will Rate schedule designation: Supplement No. mission on December 28,1956 a notifica­ not exceed the rate in contracts of other 3 to Eason’s FPC Gas Rate Schedule No. 4. tion and offering circular relative to a sellers in the area, and its disallowance' Effective date: December 26, 1957. (Effec­ proposed offering of 27,330 shares at $1.00 tive date is the first day after expiration of would be a deprivation of property with­ the required thirty days’ notice:) per share, for the purpose of obtaining out due process of law. an exemption from the registration re­ i The increased rate and charge so pro­ In support of the proposed periodic quirements of the Securities Act of 1933,1 posed has not been shown to be justified, rate increase, Respondent states that the as amended, pursuant to the provisions of and may be unjust, unreasonable, unduly contract pricing provision is necessary section 3 (b) thereof and Regulation A discriminatory, or preferential, or other­ to protect it against increasing costs and promulgated thereunder. wise unlawful. asserts that the increase is necessary to II. The Commission has reasonable The Commission finds: It is necessary assure an adequate return on its invest­ cause to believe that the terms and con­ and proper in the public interest and to ment. Respondent, additionally, re­ ditions of Regulation A have not been aid in the enforcement of the provisions quests that the proposed increase become complied with by the issuer, particularly of the Natural Gas Act that the Commis­ effective on December 23, 1957. in that: sion enter upon a hearing concerning the The increased rate and charge so pro­ 1. Issuer has failed to file on Form 2-A lawfulness of the said proposed change, posed has not been shown to be justified, a report of sales as required by Rule 260 and that said supplement to Respond­ and may be unjust, unreasonable, unduly of Regulation A, despite requests by the ent’s rate schedule, described and desig­ discriminatory, or preferential, or other­ Commission’s staff for such report. nated in the first paragraph hereof, be wise unlawful. 2. Issuer has failed to file definitive suspended and the use thereof deferred The Commission finds: It is necessary copies of the offering circular as required as hereinafter ordered. and proper in the public interest and to by Rule 256 (f) of Regulation A, despite The Commission orders: aid in the enforcement of the provisions requests by the Commission’s staff for (A) Pursuant to the authority of the of the Natural Gas Act that the Commis­ such copies. Natural Gas Act, particularly sections 4 sion enter upon a hearing concerning the III. I t is ordered, Pursuant to Rule 261 and 15 thereof, the Commission’s rules lawfulness of the said proposed change, (a) of the general rules and regulations of practice and procedure, and the regu­ and that said supplement to Respond­ under the Securities Act of 1933, as lations under the Natural Gas Act (18 ent’s rate schedule, described and desig­ amended, that the exemption under Reg­ CPR Chapter I ) , a public hearing be nated in the first paragraph hereof, be ulation A be, and it hereby is, temporarily held upon a date to be fixed by notice suspended and the use thereof deferred suspended. from the Secretary concerning the law­ as hereinafter ordered. Notice is hereby given to Red Rock fulness of the proposed increased rate The Commission orders: Oil & Gas Company, Suite 2, Cragin and charge contained in said supplement (A ) Pursuant to the authority of the Building, Las Vegas, Nevada, and to any to Respondent’s rate schedule. Natural Gas Act, particularly sections 4 person having any interest in the matter (B) Pending such hearing and de­ and 15 thereof, the Commission’s rules that this order has been entered, that the cision thereon, said supplement be and of practice and procedure, and the reg­ Commission upon receipt of a written re­ it is hereby suspended and the use thereof ulations under the Natural Gas Act (18 quest within thirty days after the entry deferred for a period of five months from CFR Chapter I ) , a public hearing be of this order will, within twenty days and after the “effective date” set forth held upon a date to be fixed by notice after receipt of such request, set the mat­ in the first paragraph hereof, and until from the Secretary concerning the law­ ter down for a hearing at a place to be such further time as it is made effective fulness of the proposed increased rate designated by the Commission for the in the manner prescribed by the Natural and charge contained in said supplement purpose of determining whether to vacate Gas Act. to Respondent’s rate schedule. the temporary suspension order or to (C) Neither the supplement hereby (B) Pending such hearing and de­ enter an order permanently suspending suspended, nor the rate schedule sought cision thereon, said supplement be and the exemption without prejudice, how­ to be altered thereby, shall be changed it is hereby suspended and the use there­ ever, to the consideration and presenta­ until this proceeding has been disposed of deferred for a period of five months tion of additional matters at the hearing, of or until the period of suspension has from and after the “ effective date” set that if no hearing is requested and none expired, unless otherwise ordered by the forth in the first paragraph hereof, and is ordered by the Commission, the sus­ Commission. until such further time as it is made pension order shall become permanent on (D) Interested State commissions may effective in the manner prescribed by the the thirtieth day after its entry and shall participate as provided by §§ 1.8 and 1.37 Natural Gas Act. remain in effect unless or until it is modi­ (f) of the Commission’s rule of practice (C) Neither the supplement hereby fied or vacated by the Commission and and procedure (18 CFR 1.8 and 1.37 (f)). suspended, nor the rate schedule sought that notice of the time and place for any to be altered thereby, shall be changed By the Commission (Commissioners hearing will promptly be given by the until this proceeding has been disposed Commission. Digby and Kline dissenting). of or until the period of suspension has [ seal] J o s e ph H . G u t r id e , expired, unless otherwise ordered by the By the Commission. Secretary. Commission. [ s e a l ] O rval L. D u B o is , (D) Interested State commissions may [P. R. Doc. 57-10884; Piled, Dec. 31, 1957; Secretary. 8:49 a. m.] participate as provided by §§ 1.8 and 1.37 (f) of the Commission’s rules of practice [F. R. Doc. 57-10886; Filed, Dec. 31, 1957; 8:50 a. m.] and procedure (18 CFR 1.8 and 1.37 (f)). By the Commission (Commissioners [Docket No. G-14064] Digby and Kline dissenting). INTERSTATE COMMERCE [ s e a l ] J o s e p h H. G u t r id e , E a so n O il C o . et a l . COMMISSION Secretary. F o u r t h S e c t io n A pplications for R e l ie f ORDER FOR HEARING AND SUSPENDING [F. R. Doc. 57-10885; Filed, Dec. 31, 1957; PROPOSED CHANGE IN RATE 8:49 a. m.] D ecem ber 27, 1957. D ecem ber 24, 1957. Protests to the granting of an applica­ Eason Oil Company, et al. (Respond­ tion must be prepared in accordance ent) , on November 25,1957, tendered for SECURITIES AND EXCHANGE with Rule 40 of the general rules of .a Pr°P°sed change in its presently ' COMMISSION practice (49 CFR 1.40) and filed within 15 days from the date of publication of effective rate schedule for the sale of [File No. 24SF-2364] natural gas subject to the jurisdiction of this notice in the F ederal R eg ister . R ed R o c k O i l & G as C o . the Commission. The proposed change, LONG-AND-SHORT HAUL which constitutes an increased rate and ORDER TEMPORARILY SUSPENDING EXEMP­ FSA No. 34384: Caustic soda from charge, is contained in the following TION, STATEMENT OF REASONS THEREFOR, southwestern points to the South. Filed designated filing: AND NOTICE OF OPPORTUNITY FOR HEARING by F. C. Kratzmeir, Agent (SWFB No. Description: Notice of change, undated. I. Red Rock Oil & Gas Company, a B-7180), for interested rail carriers. .Purchaser; Cities Service Gas Company^ Nevada corporation, filed with the Com- Rates on sodium (soda); caustic (so«s> 30 NOTICES dium hydroxide), liquid, tank-car loads, mission’s Special Rules of Practice, pub­ modities between the same points or from Baldwin, Ark,, Corpus Christi, lished in the F ederal R egister oh No­ within the same territory as authorized Houston, Velasco, Tex., Lake Charles, vem ber^, 1957,22 F. R. 9015, concerning in the following permits: Plaquemine, and West Lake Charles, La., notice of proceedings upon application of No. MC 40946, dated December 19, to points in southern territory. a holder of motor contract carrier au­ 1955. Grounds for relief: Short-line dis­ thority, under section 212 (c) of the In­ Poultry and dairy feeds, roofing mate­ tance formula. terstate Commerce Act, for the revoca­ rial, miscellaneous farm supplies, and Tariff: Supplement 15 to Agent tion of motor contract carrier authority fertilizer, over regular routes, from Balti­ Kratzmeir’s tariff I. C. C. 4260. issued on or before August 22, 1957, and more, Md., to Newark, Del., serving no FSA No. 34385: Fertilizer and mate­ the issuance in lieu thereof of a certifi­ intermediate points. rials from Kansas and Nebraska to the cate of public convenience and necessity Poultry and dairy feeds, roofing mate­ South. Piled by W. J. Prueter, Agent (49 GFR 1.242). A proceeding to deter­ rial, miscellaneous farm supplies, and (W T L No. A-1951), for interested rail mine the status of the carriers’ opera­ fertilizer, over irregular, routes, from carriers. Rates on fertilizer and ferti­ tions has been instituted under section Newark, Del., to points in Maryland, lizer materials, carloads, from La Platte, 212 (c ). Pennsylvania, and Delaware within 20 Nebr., Lawrence and Military, Kans., to Protests may be filed with the Com­ miles of Newark, Del., with no transpor­ points in southern territory. mission within 30 days after the date of tation for compensation on return except Grounds for relief: Short-line dis­ notice of the proceedings is published as otherwise authorized. tance formula. in the F ederal R e g ister . I f oral hearing Paper and paper products, from Prov­ Tariff: Supplement 15 to Agent is desired the protest must so indicate. idence, Md., to Wilmington and Clay­ Prueter’s tariff I. C. C. A-4207. The authority set out in the pertinent ton, Del., New York, N. Y., Baltimore, FSA No. 34386: Substituted service, permits upon which a determination is Md., Washington, D. C., Camden and motor jand rail—B. & AT., D. & H., and sought has, in most instances, been sum­ Burlington, N. J., points in that part of Erie. Piled by The Eastern Central marized. New Jersey bounded by a line beginning at Jersey City and extending along U. S. Motor Carriers Association, Inc., Agent MOTOR CARRIERS OF PROPERTY (No. 76), for the Boston and Maine Rail­ Highway 1 to Trenton, thence along U. S. road, The Delaware and Hudson Rail­ No. MC 26907 (Sub No. 14), filed No­ Highway 206 to junction U. S. Highway road Corporation, Erie Railroad Com­ vember 15, 1957, RIPON TRUCKING 202, thence along U. S. Highway 202 to pany, All States Freight, Inc., and other CO., a Corporation, Oshkosh Street, junction U. S. Highway 46 (formerly motor carriers. Rates on freight loaded Ripon, Wis. Applicant’s attorney: Ed­ New Jersey Highway 6), thence along in highway trailers and transported on ward Solie, 1 South Pinckney Street, U. S. Highway 46 to Paterson, thence railroad flat cars, between Cleveland, Madison 3, Wis. For authority to oper­ along New Jersey Highway 4 to the Hud­ Ohio, on the one hand, and Cambridge, ate as a common carrier of the same son River, thence along the west bank Holyoke, and Worcester, Mass., on the commodities between the same points of the Hudson River to point of begin­ other. or within the same territory as author­ ning, and those in that part of Pennsyl­ Grounds for relief: Motor truck com­ ized in the following permits: vania east of a line beginning at the petition. No. MC 26907, dated March 14, 1955. Pennsylvania-Maryland State line and Tariff: Supplement 2 to Eastern Cen­ Such materials, equipment,, and sup­ extending along U. S. Highway 111 to tral Motor Carriers Asso., Inc., Agent, plies as are used or are useful in Harrisburg, Pa., thence along U S. High­ tariff I. C. C. 17. bakeries, over regular and irregular way 11 to the Pennsylvania-New York FSA No. 34387: Ammonium phosphate routes, from Minneapolis, Minn., and State line, including points on the in­ from Anaconda, Mont., to western points. Chicago, 111., to Ripon, Wis., serving the dicated portions of the highways Filed by W. J. Prueter, Agent (TCFB No. intermediate point of St. Paul, Minn., specified. 343) , for interested rail carriers. Rates restricted to pick-up only . Machinery, materials, supplies, and on ammonium phosphate, carloads, from Machinery, from Ripon, Wis., to Chi­ equipment used or useful in the manu­ Anaconda, Mont., to points in Minnesota, cago, 111., serving no intermediate facture of paper and paper products, Nebraska, North Dakota, South Dakota, points. from New York, N. Y., Philadelphia and and Wyoming. Cookies, in containers, over irregular Marcus Hook, Pa., and Wilmington, Del., Grounds for relief: Short-line distance routes, from Ripon, Wis., to points in to Providence, Md. formula. Missouri, Illinois, Indiana, Iowa, Mich­ Printing paper, from Providence, Md., Tariff : Supplement 74 to Agent igan, Minnesota, Ohio, and South Da­ to Garden City, N. Y., and Hanover, Pa. Prueter’s tariff I. C. C. 1575. kota: from Ripon, Wis., to Sharpsburg, Miscellaneous supplies and equipment FSA No. 34388: Ammonium phosphate Pa. used in the .manufacture of paper and from Anaconda, Mont., to the Dakotas. Building and roofing materials, from paper products, from Cornwells Heights, Filed by W. J. Prueter, Agent (TCFB No. Marseilles, 111., to points in Wisconsin. Pa., to Providence, Md. 344) , for interested rail carriers. Rates Asphalt or composition siding, ahd Rejected shipments of printing paper on ammonium phosphate; phosphate, metal fasteners, nails, cement and and of miscellaneous supplies and equip­ acidulated; and phosphate, acidulated caulking compound, used in connection ment used in the manufacture of paper and ammoniated, carloads, from Ana- with the installation of siding, from and paper products on return. condq, Mont., to points in North Dakota South Bend, Ind., to points in Door and Display fireworks, and materials and and South Dakota.. Kewaunee Counties, Wis., and points in supplies used in setting up display fire­ Grounds for relief: Short-line dis­ that part of Wisconsin located north of works, from Elkton, M d ., and points tance formula. U. S. Highway 16, and on and south of within three miles of Elkton, to points Tariff: Supplement 74 to Agent Prue­ Wisconsin Highway 29 (except Mil­ in Pennsylvania, New Jersey, and Dela­ ter’s tariff I. C. C. 1575. waukee, Eau Claire and Chippewa Falls, ware within 100 miles of Elkton, Md., W is.). and By the Commission. No. MC 26907 (Sub No. 8), dated Display fireworks forms, and materials [ s e a l] H arold D. M cC o y , March 14,1955. and supplies used in setting off the dis­ Secretary. Cookies, from Ripon, Wis., to points in play fireworks, from points in Pennsyl­ 6br8iSk8i vania, New Jersey, and Delaware within [P. R. Doc. 57-J0892; Filed, Dec. 31, 1957j No. MC 26907 (Sub No. 9), dated July 100 miles of Elkton, Md., to Elkton, Md., 8:45 a. m.] 12, 1956. and points within three miles of Elkton. Cookies, in containers, from Ripon, Liquid propane, in cylinders, from Wis., to points in Tennessee. Arbutus, Md., to Glasgow, DeL, and [Notice 6] No. MC 40946 (Sub No. 13) filed Octo­ Empty steel cylinders, from Glasgow, ber 23, 1947, DELAWARE EXPRESS Del., to Arbutus, Md. A pplications for C o n v e r s io n b y M otor in containers, from CO., a Corporation, P. O. Box 141, Elkton, Liquid latex, C ontract C arriers Md. Applicant’s representative: Frank­ Naugatuck, Conn., to Elkton, Md., and D ecem ber 27,1957. lin B. Blocksom, 133 Warrior Road, points in Maryland within two miles The following proceedings are gov­ Drexel Hill, Pa. For authority to operate of Elkton, and empty containers, on erned by the Interstate Commerce Com­ as a common carrier of the same com­ return. Wednesday, January 1, 1958 FEDERAL REGISTER 31

Malt "beverages, from Philadelphia, Pa., igan State line, and thence along the Commercial Zone, as defined by the to points in Connecticut, Delaware, Indiana-Michigan State line to the point Commission, located on U. S. Highway Maryland, New Jersey, New York, Vir­ of beginning, including the points named 25 and Michigan Highway 29 extending ginia, and the District of Columbia: from and points on the indicated portions of to and including Port Huron, M ich.). Allentown, Pa., to Atlantic City, Camden, the highways specified: from Corunna, No. MC 52978 (Sub No. 13), dated Hammonton, Jersey City, Paulsboro, Williamston, Grand Ledge, and points in October 3,1956. Penns Grove, and Wildwood, N. J., Balti­ Wayne County, Mich., to points in the Cement, in bags, and in bulk, over more and Cumberland, Md., Beckley, above-specified Ohio territory. irregular routes, from Detroit, Mich., to W. Va., New York, N. Y., Roanoke and Beans, from points in the lower penin­ points in Indiana. Harrisonburg, Va., Wilmington, Del., and sula of Michigan to points in Ohio. N o t e : Applicant conducts common car­ Washington, D. C. Paper, used in the manufacture of Empty malt beverage containers, from rier operations by virtue of Certificate No. building materials, from Monroe, Mich., MC 85934, dated January 14, 1957. the destination points specified immedi­ to Port Clinton, Ohio. ately above, to Allentown, Pa., and from Lime, from Luckey, Ohio, to points in No. MC 70330 (Sub No. 26), filed No­ points in Connecticut, Delaware, Mary­ Wayne, Oakland, and Macomb Counties, vember 5, 1957, J. TOM MILLER, doing land, New Jersey and New York, to Mich. business as MILLER TRUCK LINE, 901 Philadelphia, Pa. Plastic sheets, wallboard, metal lath, Northeast 28th Street, Fort Worth 6, Empty containers and rejected ship­ metal pipe for sewer and water systems, Tex. Applicant’s attorney: Charles D. ments of malt beverages, from points in building insulation material, and m ill- Mathews, Brown Building, Austin 1, Tex. Virginia and the District of Columbia to work, between Lansing, Mich., and points For authority to operate as a common Philadelphia, Pa. in Wayne County, Mich., on the one carrier of the same commodities be­ Brewers’ supplies, from Baltimore, hand, and, on the other, East Canton, tween the same points or within the Md., and Jersey City, N. J„ to Allentown, Sugar Creek, Stony Creek, Mansfield, same territory as authorized in the fol­ Pa. Coshocton, Uhrichsville, New Philadel­ lowing permits: Glass bottles, from Bridgeton, N. J., to phia, and Columbus, Ohio. No. MC 70330, dated July 24, 1947. Allentown, Pa. Machinery and supplies used in the Fresh meats, packing-house products, Fibreboard cartons, from Delair, N. J.# manufacture of plaster, and building ma­ and such other commodities as are dealt to Allentown, Pa. terials and bulding contractors’ supplies, in or distributed by packing houses, and Empty fibreboard containers, from between Detroit, Mich., and points with­ advertising matter used in promoting Jersey City, N. J., to ' Allentown and in eight miles of Detroit, on the one hand, the sale of such commodities, from Dal­ Fottsville, Pa. and, on the other, Port Clinton, Ohio. las, Tex., to Elk City, Enid, Duncan, No. MC 40946 (Sub No. 12), dated De­ No. MC 52978 (Sub No. l ) ( dated Jan­ Tulsa, Oklahoma City, Ardmore, Broken cember 19, 1956. uary 4, 1950. Bow, Hugo, Idabel, and Boswell, Okla., Poultry and dairy feeds, roofing ma­ Soda ash, in bulk, in tank vehicles, and Fort Smith, Little Rock, and El Do­ terial, and seed, over irregular routes, over irregular routes, from Wyandotte, rado, Ark.: between Fort Worth, Tex., from Baltimore, Md., to points within 20 Mich., to Winchester, Ind., and points in. and Elk City, Okla. miles of Newark, Del., in Maryland, Ohio, delivered defective shipments, in Dressed Poultry, from Paris, Tex., to Pennsylvania, and Delaware, not includ­ bulk, in tank vehicles, on return. Monroe, Shreveport, New Orleans, Alex­ ing Newark. No. MC 52978 (Sub No. 2), dated No­ andria, and Baton Rouge, La. N o t e : Applicant is authorized to conduct vember 29, 1950. Cheese, from Denton, Tex., to Monroe, operations as a common carrier in Certificate Chemicals in liquid form, in bulk, in Shreveport, New Orleans, Alexandria, No. MC 114301 dated October 21, 1955. tank vehicles, over irregular routes, from and Baton Rouge, La., rejected or dam­ pomts in Wayne County, Mich, (except aged shipments of the above-specified No. MC 52978 (Sub No. 15), filed Octo­ commodities, on return. ber 23, 1957, MICHIGAN TRANSPOR­ Detroit), to points in Illinois, Indiana, Fresh meats, packing-house products, TATION COMPANY, 1650 Waterman, and Ohio. and such other commodities as are dealt Detroit 9, Mich. Applicant’s attorney: Soda ash, in bulk, in tank vehicles, in or distributed by packing houses, be­ Robert A. Sullivan, 2606 Guardian Build­ from points in Wayne County, Mich., to tween Dallas, on the one hand, and, on ing, Detroit 26, Mich. For authority to points in Illinois, Indiana, and Ohio (ex­ the other, Fort Worth, Monroe, Shreve­ operate as a common carrier of the same cept Gas City, Muncie, and Terre Haute, port, New Orleans, Alexandria, Baton commodities between the same points or Ind., Alton and Streator, 111., Columbus, Rouge, and Lake Charles, La.: between within the same territory as authorized Ohio, and points in Allen, De Kalb, and Shreveport, La., and Monroe, La.: be­ in the following permits: Steuben Counties, Ind.). tween Alexandria, La., and Baton Rouge, No. MC 52978, dated May 6,1947. No. MC 52978 (Sub No. 3), dated No­ vember 16, 1950. La.: between New Orleans, La., and Alex­ Clay products, tile, cement, plaster, andria, La.: between Fort Worth and Gypsum, and asphalt building ma­ and mortar, over irregular routes, from Dallas, Tex., and Alexandria, Baton points in that part of Ohio east of a line terials, over irregular routes, from Port Rouge, Monroe, New Orleans, and beginning at Pomeroy, Ohio, and extend­ Clinton, Ohio, to points in the lower peninsula of Michigan. Shreveport, La., on the one hand, and, ing along U. S. Highway 33 to Columbus, on the other, Gulfport, Hattiesburg, Ohio, thence along U. S. Highway 23 to No. MC 52978 (Sub No. 6) dated May Jackson, Meridian, Natchez, and Vicks­ 15, 1951. Perrysburg, Ohio, thence along U. S. burg, Miss.: between Forth Worth, Tex., Highway 20 to junction Ohio Highway Cement, over irregular routes, be­ on the one hand, and, on the other, 120, and thence along Ohio Highway 120 tween points in Wayne, Mich., on the one Enid, Tulsa, Ardmore, Oklahoma City, to Sylvania, Ohio, and thence along U. S. hand, and, on the other, points in that Broken Bow, Hugo, Idabel, and Bos­ Highway 223 to the Ohio-Michigan State part of Ohio on and west of a line be­ well, Okla.; Monroe, Shreveport, New une, to points in that part of Michigan ginning at Pomeroy, Ohio, and extend­ Orleans, Alexandria, Baton Rouge, Lake bounded by a line beginning at the Michi­ ing along U. S. Highway 33 to Colum­ Charles, Camp Beauregard (near Alex­ gan-Indiana State line (near New Buf­ bus, Ohio, thence along U. S. Highway andria) , Camp Claiborne (near Alexan­ falo. Mich.) and extending north along 23 to Perrysburg, Ohio, thence along dria), Camp Livingston (near Alexan­ tne shore of Lake Michigan to Muskegon, U. S. Highway 20 to junction Ohio High­ dria) , Camp Polk (near Leesville), Bos­ thence east along Michigan Highway 20 way 120, thence along Ohio Highway 120 sier City, Barksdale Field (near Shreve­ y City> thence continuing east along to Sylvania, Ohio, and thence along U. S. port), Crowley, Iowa, Jeanerette, Jen­ Michigan Highway 47 to the Saginaw Highway 223 to the Ohio-Michigan nings, Lafayette, Mermentau, Midland, ■Bay, thence continuing east along the State line. snores of Saginaw Bay and Lake Huron New Iberia, Oliver, Rayne, Roanoke, and No. MC 52978 (Sub No. 11), dated Welsh, La.; Forth Smith, Little Rock, to Huron City, thence south along the February 15, 1957. El Dorado, Pine Bluff, Helena, Hope, snores of Lake Huron, the St. Clair River, Salt, over irregular routes, from the uake St. Clair, the Detroit River, and West Memphis, and Camp Robinson, port of entry on the United States- Ark.; Clarksdale, Greenville, Gulfport, Lake Erie to the Ohio-Michigan State Canada Boundary line at or near De­ Hattiesburg, Jackson, Meridian, Natchez, une, thence west along the Ohio-Michi­ troit, Mich., to points in Michigan (ex­ Vicksburg, and Camp Shelby (near Hat­ gan State line to junction Indiana-Mich- cept those north of the Detroit, Mich., tiesburg), Miss., and all army camps or 32 NOTICES

United States government defense proj­ Meats, meat products, and meat by­ the one hand, and, on the other, Fort ects within 15 miles of Pine Bluff, products as specifically classified in Wayne, Ind., and points in that part of Magnolia, Helena, Hope, Forth Smith, paragraph A of the appendix to the re­ Ohio on and north of a line beginning Texarkana, and West Memphis, Ark. port in Modification of Permits—Pack­ at the West Virginia-Ohio State line and No. MC 70330 (Sub No. 8), dated June ing-House Products, 46 M. C. C. 23, ar­ extending along U. S. Highway 22 to 28, 1946. ticles distributed by meat-packing Cincinnati, Ohio, thence along the Ohio . Fresh meats, packing-house products, houses as specifically classified in para­ River to the Ohio-Indiana State line. and such other commodities as are dealt- graph C of the appendix to said report, No. MC 80284 (Sub No. 6), dated April in or distributed by packing houses, and and advertising matter used in promot­ 23, 1947. advertising matter used in promoting ing the sale of the foregoing commodi­ Paper cartons, over irregular routes, the sale of such commodities, over ir­ ties, over irregular routes, between Fort from Springfield, Ohio, to points in the regular routes, between Fort Worth and Worth, Tex., on the one hand, and, on Chicago, 111., Commercial Zone, as de­ Dallas, Tex,, on the one hand, and, on the other, points in Louisiana except fined by the Commission. the other, Texarkana and Magnolia, Ark. Monroe, Shreveport, New Orleans, Alex­ Skids for paper, from points in the No. MC 70330 (Sub No. 11), dated andria, Baton Rouge, Lake Charles, Chicago, 111., Commercial Zone, as de­ April 15, 1947. Camp Beauregard, Camp Claiborne, fined above, to Lockland, Urbana, Day- The commodities classified as meat, Camp Livingston, Camp Polk, Bossier ton, Franklin, Springfield, and Middle- meat products, meat by-products, as City, Barksdale Field, Crowley, Iowa, town, Ohio. dairy products, and as articles distrib­ Jeanerette, Jennings, Lafayette, Mer- The commodities classified (1) as uted by meat-packing houses, as defined mentau, Midland, New Iberia, Olivier, meats, meat products, and meat by­ by the Commission, under contract with Rayne, Roanoke, and Welsh, La. products, (2) as dairy products, and (3) the United States Government, over ir­ No. MC 70330 (Sub No. 24), dated May as articles distributed by meat-packing regular routes, between Fort Worth and 29, 1957. houses, as defined by the Commission, Dallas, Tex., Barksdale Field, La., (near Meats, meat products, and meat by­ subject to a “Keystone” restriction, from Shreveport, La.) and military establish­ products, as defined by the Commission, Chicago, 111., to Hillsboro, Ohio. ments or depots in Texas, Oklahoma and from Paris, Tex., to Alexandria, Baton Meat packing house supplies and ma­ New Mexico. Rouge, and New Orleans, La., and Mo­ terials, and the commodities classified Fruits and vegetables on government bile, Ala. (1) as meats, meat products and meat bills of lading, over irregular routes, No. MC 70330 (Sub No. 25), dated by-products, (2) as dairy products, and between Fort Worth and Dallas, Tex., March 18, 1957. (3) as articles distributed by meat pack­ and Barksdale Field, La., and military Meats, meat products and meat by­ ing houses, as defined by the Commis­ establishments or depots in Texas and products, as defined by the Commission, sion, from Mishawaka, Ind., to points in Oklahoma. over irregular routes, from Dallas and Ohio on and north of U. S. Highway 22. No. MC 70330 (Sub No. 14) dated Fort Worth, Tex., to Galveston, El Paso, No. MC 80284 (Sub No. 7), dated May January 13,1948. Hidalgo, and Laredo, Tex. 24,1948. The commodities classified as meats, ^Restriction: The authority granted Pulpboard and paper and paper prod­ meat products, and meat by-products, herein is restricted to the transportation ucts, over irregular routes, from Dayton, as dairy products, and as articles dis­ of traffic destined to points in foreign Ohio, to Cayuga, Ind. , tributed by meat-packing houses, as de­ countries. From Cleveland, Ohio to Chicago, Chemung, Huntley, and Rockford, 111., fined by the Commission, and advertising No. MC 80284 (Sub No. 16), filed No­ matter used in promoting the sale of and rejected shipments of the above vember 4, 1957, CHRISPENS TRUCK commodities on return. such commodities, over irregular routes, LINES, INC., 4551 South Racine Avenue, from Paris, Fort Worth, and Dallas, Tex., No. MC 80284 (Sub No. 9), dated May Chicago 9, 111. For authority to operate 18,1950. to Greenwood, Miss. as a common carrier of the same com­ No. MC 70330 (Sub No. 15), dated Paper products, materials used in the modities between the same points or manufacture of paper products, and March 5, 1948. within the same territory as authorized The commodities classified as meat, steel strapping, over a regular route, be­ in the following permits: tween Hamilton, Ohio, and Chicago, 111., meat products, meat by-products, as No. MC 80284, dated July 15, 1943. dairy products, and as articles distrib­ serving the intermediate points of Rich­ Paper, paper products, and pulp board, mond, Muncie and Hammond, Ind., and uted by meat packing houses, as defined over irregular routes, from Lockland, by the Commission, and advertising the off-route points of De Kalb, La Salle, Urbana, and Dayton, Ohio to points in and Peoria, 111., and those in Illinois matter used in promoting the sale of the Chicago, 111., Commercial Zone, as such commodities, over irregular routes, within 30 miles of Chicago. defined by the Commission. Service is and over irreg­ from Dallas and Fort Worth, Tex., to Paper paper products, authorized to and from points in the ular routes, from Hamilton, Ohio, to Mil­ Camden, Ark. Chicago, 111., Commercial Zone as defined waukee, Racine, and Beloit, Wis., St. Dressed poultry, over irregular routes, by the Commission, as follows: Louis, Mo., Erie, Pa., Buffalo and Roch­ from Paris, Tex., to Camden, Ark. Groceries, from the Chicago, 111., Com­ ester, N. Y., and points in Indiana on No. MC 70330 (Sub No. 1 »), dated May mercial Zone to Tiffin, Findley, Mans­ and north of U. S. Highway 40 except 3, 1949. field, and Fostoria, Ohio. Chicago, De Kalb, La Salle, and Peoria, The commodities classified as (a) Fish, from points on Lake Erie between and those within 30 miles of Chicago, meat, meat products, and meat by­ Port Clinton and Cleveland, Ohio, in­ and those in Michigan on and south cluding Port Clinton and Cleveland, to products, (b) dairy products, and (c) of Michigan Highway 21. articles distributed by meat packing the Chicago, 111., Commercial Zone. Steel strapping, paper and paper houses, as defined by the Commission, Canned food, from Oak Harbor, Ohio, over irregular routes, from Fort Worth, to the Chicago, 111., Commercial Zone. products, and materials and supplies Tex., to points in that part of New Wire, iron, brass, and steel products, used in the manufacture and shipping Mexico bounded by a line beginning at automobile parts and appliances, elec­ of paper and paper products, from the the Texas-New Mexico State line, thence trical household appliances, pottery in­ above-specified destination points and along U. S. Highway 60 to junction U. S. sulators, printing paper, paper products, Toledo, Ohio, to Hamilton, Ohio. Highway 285, thence along U. S. High­ refrigerators, cooling machinery, sup­ No. MC 80284 (Sub No. 12), dated No­ way 285 to junction Texas-New Mexico plies, and equipment, and electrical au­ vember 7,1949. State line, and thence along the Texas- tomobile equipment, from Toledo, Fos­ Paper, paper products, pulpboard, and New Mexico State line to the point of toria, Carey, Franklin, Middletown, and pulpboard products and materials and beginning, including points and places Moraine, Ohio, to the Chicago, 111., Com­ supplies used or useful in the manufac­ on the indicated portions of the high­ mercial Zone. ture thereof, over irregular routes, be­ ways specified and points in New Mexico Packing-house products, equipment tween Springfield, Ohio, on the one within 15 miles of Clovis and Roswell, and supplies used in meat-packing N. Mex. houses, and commodities requiring re­ hand, and, on the other, Goodland, Ind., No. MC 70330 (Sub No. 20), dated Jan­ frigeration other than liquids, between points in Indiana on and north of U. S. uary 12, 1950. the Chicago, 111., Commercial Zone, on Highway 30, and in Illinois within a ra- Wednesday, January 1, 1958 FEDERAL REGISTER 33 dius of 35 miles of Chicago, HI., except 27, 1957, any reference to the foregoing inaw City, and thence along the shores Chicago, Chicago Heights, a/nd Joliet, HI. operations. Between Urbana, Ohio, on the one of Lake Huron to the point of beginning, hand, and, on the other, Goodland, Ind., N o t e : See Notice of Piling (BOR 96) No. including points and places on the high­ MC 116821 (Sub No. 2) published this issue. points in Indiana on and north of U. S. ways specified, with no service authorized Highway 30, and points in Illinois within No. MC 105572 (Sub No. 19) filed Octo­ to Flint, Reed City, and Saginaw, Mich. a radius of 35 miles of Chicago, HI., but ber 23,1957, C. J. DAVIS, doing business Fence and fencing materials, from not including Joliet, HI., or any points as ST. LOUIS FREIGHT LINES, 1000 Chicago, 111., and Crawfordsville, Ind., to within the Chicago, 111., commercial zone Michigan Avenue, St. Louis, Mich. Ap­ points and places in the lower peninsula of Michigan. as defined by the Commission. plicant’s attorney: Blair Moody, Jr., 2606 No. MC 80284 (Sub No. 13), dated De­ Guardian Building, Detroit 26, Mich. Building, roofing and insulating ma­ cember 14, 1950. For authority to operate as a common terials and supplies, as more specifically Paper and paper products, over irreg­ carrier of the same commodities between set forth in the Permit, from East St. ular routes, from Hamilton, Ohio, to the same points or within the same ter­ Louis, Marseilles, and Wilmington, 111., to Providence, R. I., and points in New ritory as authorized in the following Newport, Carrollton, Paducah, Hender­ Jersey and New York (except Buffalo permits: son, and Latonia, Ky.: from Chicago and Rochester, N. Y .)t and skids for No. MC 105572 (Sub No. 1), dated June Heights, 111., to Carrollton, Henderson, paper on return. 28,1950. and Paducah, K y.: from Waukegan, 111., No. MC 80284 (Sub No. 15), dated Au­ Paper m ill products and supplies, over to points in Indiana, Ohio, and the lower gust 2,1957. a regular route, between Hamilton, Ohio, peninsula of Michigan: from Lockland, Cleaning compounds, washing com­ and Chicago, 111., serving the intermedi­ Ohio, to Carrollton, Ky., Hannibal, Mo., pounds, soap, soap products, concen­ ate point of Hammond, Ind. and points in Illinois, and the lower pen­ insula of Michigan: from Whiting, Ind.,' trated lye, chlorinated lime, shortening, Beans, in truckloads, over irregular to Covington, Owensboro, and Camp oleomargarine, and glycerine, from Chi­ routes, from points in the lower peninsula Knox, Ky., Hannibal and Cape Girar­ cago, 111., to points in Ohio on and north of Michigan to points in Ohio and of a line beginning at the Ohio-West Indiana. deau, Mo., and points in Illinois, Indiana, Iowa, Michigan, and Ohio (except points Virginia State line and extending along Brick and clay products, in truckloads, in the Cincinnati, Ohio, Commercial U. S. Highway 22 to Cincinnati, Ohio, from Black Lick, Galena, Junction City, Zone): from Peoria, Marseilles, Danville, thence along the Ohio River to the Ohio- and Taylor Station, Ohio, to points in the and Chicago, 111., and Lowell, Ind., to Indiana State line. lower peninsula of Michigan. Hannibal, Mo., Louisville, Covington No. MC 82336 (Sub No. 18), filed Oc­ Flour, feed, and grain products, from Owensboro, and Fort Knox, Ky., and tober 11, 1957, (CORRECTION) Mt. Pleasant, Mich, to points in Ohio points in Illinois (except from Lowell), UNITED PARCEL DELIVERY, INC., 663 on and north of U. S. Highway 35 from Indiana (except from Marseilles), Iowa, Bryson Street, Youngstown, Ohio. Ap­ the Indiana-Ohio State line to Wash­ Ohio (except from Chicago, 111., to points plicant’s attorney: Richard H. Brandon, ington Court House, Ohio, and U. S in the Cincinnati, Ohio, Commercial Hartman Building, Columbus 15, Ohio. Highway 22 from Washington Court Zone, supra), and the lower peninsula Original notice of filing of BOR 96 for House, to Cadiz, Ohio, and on and west of Michigan: from Chicago Heights, 111., conversion of certain of the permits of of U. S. Highway 250 from Cadiz to to Hannibal, Mo., Louisville, Covington, subject carrier included a portion of au­ Sandusky, Ohio, and those in Indiana on Owensboro, and Fort Knox, Ky., and and north of U. S. Highway 40. thority in the lead permit, MC 82336, points in Illinois, Iowa, and the lower dated February 6,1950, reading: Lime and lime products in truckloads, peninsula of Michigan: from Wilming­ from Woodville, Ohio, to Mt. Pleasant. ton, 111., to Hannibal, Mo., Louisville, New furniture, uncrated, from Colum­ Mich. biana, Ohio, to points in Indiana, Ken­ Covington, Owensboro, and Fort Knox, tucky, Maryland, New Jersey, New York, Lime, common or hydrated, lime, chlo­ Ky., points in Illinois, Iowa, the lower Pennsylvania, West Virginia, the Dis­ rinated, dry or liquid, and plaster, be­ peninsula of Michigan, and those in In ­ trict of Columbia, and those in Monroe, tween Genoa, Ohio, on the one hand, diana (except those in that portion of Wayne, and Macomb Counties, Mich. and, on the other, points in the lower Indiana bounded by a line beginning at New furniture and used furniture peninsula of Michigan. the Indiana-Ohio State line, thence ex­ when transported for or after reflnish- Petroleum and petroleum products, In tending west on U. S. Highway 6 to in£. reconditioning, or reupholstering at containers, in truckloads, from Findlay, Waterloo, Ind., thence south on U S a factory, repair shop, or upholstery Ohio, to points in the lower peninsula of Highway 27 to Lynn, Ind., and thence Michigan. shop, between points in Mahoning and east on U. S. Highway 36 to the Indiana- Columbiana Counties, Ohio, on the one Salt, in truckloads, from Manistee, Ohio State line, and those on the indi­ hand, and, on the other, points in that Midland, and Saginaw, Mich., to points cated portions of the highways speci­ part of Pennsylvania west of a line be­ in Indiana on and north of U. S. High­ fied) ¿from Joliet, 111., to Hannibal, Mo., ginning at the New York-Pennsylvania way 40, and those in Ohio on and north Louisville, Covington, Owensboro and btate line near Tuna, Pa., and extend- of U. S. Highway 40 and on and west of Fort Knox, Ky., and points in Illinois, ing alrag U. S. Highway 219 to junction Ohio Highway 13. Iowa, Ohio, and the lower peninsula of u. s. Highway 322, thence along U. S. t Salt, from St. Louis, St. Clair, Marys­ Michigan: from St. Louis, Mo., to Hanni­ Highway 322 to junction U. S. Highway ville, and Port Huron, Mich., to points in bal, Mo., Louisville, Covington, Owens­ Ohio, Indiana, and Hlinois. i i enc,e al°ng U. S. Highway 220 to boro and Fort Knox, Ky., and points in Fertilizer, from Lockland, Ohio, to Indiana, Iowa, and the lower peninsula frS ,,iiaryland' Pennsylvania State line, including points on the indicated por- points in Michigan. of Michigan: from South Bend, Ind., to highways specified, and Chemicals and insecticides, from St. Hannibal, Mo., Louisville, Covington, Louis, Mich., to points in Ohio, Indiana! Owensboro and Fort Knox, Ky., and of West Virginia on and north o f U. S. Highway 50. and Illinois. points in Indiana, Iowa, Ohio, and the Rejected shipments of chemicals and lower peninsula of Michigan: from South i m 2 n? f " \ The service authorized insecticides,, from points in Ohio, In ­ Bend, Lowell, and Whiting, Ind., to Joliet, r S ^ aSove is restricted against diana, and Illinois to St. Louis, Mich. 111.: between Peoria, Wilmington, Dan­ n .fJ anfPOrtatlon of new furniture from Warren County, Pa. The Animal and poultry feeds, from Ham­ ville, and Chicago, 111., on the one hand, mond, Ind., to points in that portion of and, on the other, South Bend, Lowell ferred"iSCnbeil - autht>rity was trans~ the lower peninsula of Michigan begin­ and Whiting, Ind. ' t t t b ™ «2 5 ? subject carrier to FURNI- DELIVERY. INC., Columbiana, ning at Port Huron and extending along Materials and supplies, used in the Michigan Highway 21 to Flint, thence manufacture of roofing and asphalt sid­ asskLii“ S 1“?4**0 M c~FC-60135 and S h S Docket Number MC 116821 along U. S. Highway 10 to Saginaw, ing, from St. Louis and Hannibal, Mo., thence along Michigan Highway 46 to this a??hor ; -r ^ t reason inclusion of and Louisville, Covington, Owensboro, junction U. S. Highway 27, thence along and Fort Knox, Ky., and points in Illi­ in K in 1116 Previous notice was U. S. Highway 27 to Clare, thence along tinn ic t’ apdthe effect of this republica- nois, Indiana, Iowa, Ohio, and the lower, U. S. Highway 10 to Reed City, thence peninsula of Michigan, to Lowell and aimfik t° delete from the notice in MC along U. S. Highway 131 to Petoskey, (Sub No. 18) published November Whiting, ind. (except from Louisville No. l------5 thence along U. S. Highway 31 to Mack­ and points in the Cincinnati Commer- 34 NOTICES clal Zone, supra, to Whiting, Ind., and INC., 3750 Grant Street, Gary, Ind. For From Ottawa, 111., and points within except from Vandalia and Joliet, 111., to authority to operate as a common car­ one mile thereof, to points in Ohio (ex­ Lowell and Whiting, In d.). rier of the same commodities between cept Cincinnati). Rock wool, from Alexandria, Ind., to the same points or within the same ter­ From points within one mile of points in Illinois, Ohio, and the lower ritory as authorized in the following Ottawa, 111., to Cincinnati, Ohio. From Springfield, 111., to St. Louis, Mo., peninsula of Michigan. permits: and points in St. Louis County, Mo. No. MC 105572 (Sub No. 9), dated Jan­ No. MC 108181, dated February 26, From Brazil, Ind., to Springfield, 111. uary 11, 1955. 1957. Roofing, insulating, and "building ma­ Structural clay products, sand, stone Building tile, drain tile, brick, and fire from Lowell, Ottawa, St. Anne, and terials, over irregular routes, from Na­ •and cement, over irregular routes, be­ clay, tional City, Mich., to all points in Illi­ tween points in Cook County, 111., on the Streator, 111., and Crawfordsville and Hobart, Ind., to points in Michigan. nois, Indiana, and Ohio. one hand, and, on the other, points in Insulating siding for exterior walls, Lake, La Porte, Porter, and St. Joseph From Princeton, HI., to points in In ­ and component parts thereof, from Sa­ Counties, Ind. diana, Iowa, Michigan, and Wisconsin, vanna, 111., to*all points in Indiana and Structural clay products, from Ho­ and rejected shipments of building tile, Ohio, and those in that part of Michigan bart, Ind., to points in that part of Illi­ drain tile, brick, and fire clay, from the immediately above-specified destination east of a line beginning at Bay City, nois on and north of U. S. Highway 40 Mich., and extending along U. S. High­ (except points in Cook County, 1 1 1 .). points to their respective above-specified way 23 to Flint, Mich., thence along Brick, from Danville and Galesburg, origin points. Michigan Highway 78 to Lansing, Mich., 111., to points in Lake County, Ind.: Fire clay, from Ottawa, 111.,, and points and thence along U. S. Highway 127 to from Blue Island, 111., to points in Ber­ within one mile thereof, to points in Indiana (except those in the Chicago, the Michigan-Ohio State line. rien, Cass, St. Joseph, Branch, Hillside, No. MC 105572 (Sub No. 13), dated Calhoun, Kalamazoo, Van Buren, and 111., Commercial Zone), Ohio, Iowa (ex­ cept Davenport and Keokuk), points in December 14, 1954. Allegan Counties, Mich. Empty drums, over irregular routes, Brick and clay tile, from Veedersburg, Missouri within 50 miles of the Illinois- from points in the lower peninsula of Ind., to points in that part of Illinois“ Missouri State line (except those in the St. Louis, Mo., East St. Louis, 111., Com­ Michigan to Findlay, Ohio. on and north of U. S. Highway 36. No. MC 105572 (Sub No. 16), dated No. MC 108181 (Sub No. 4), dated mercial Zone), and points in that part April 22,1957. of Wisconsin north and west of a line February 27, 1956. beginning at the Minnesota-Wisconsin Building materials, from Franklin, Brick, in dump vehicles, from points Ohio to those points in the lower penin­ in Cook County, 111., to points in Indiana State line and extending along U. S. sula of Michigan located north of a line (except points in Lake, La Porte, Porter, Highway 18 to the western boundary line extending along U. S. Highway 16 from and St. Joseph Counties) and Michigan of Milwaukee County, thence north along Detroit, through Lansing, Grand Rapids, (except points in Berrien, Cass, St. Jos­ said boundary line to junction with the to Muskegon, and empty containers, eph, Branch, Hillsdale, Calhoun, Kala­ Milwaukee County northern boundary line, thence east along said boundary line skids or pallets, used in transporting the mazoo, Van Buren, and Allegan Coun­ above-specified commodities, on return. ties) ; and returned shipments of the to junction Wisconsin Highway 57, above-specified commodities, on return. thence north along Wisconsin Highway No. MC 107052 (Sub No. 6), filed No­ 57 to Plymouth, Wis., and thence east vember 15, 1957, EDWIN L. MORTON, No. MC 108504 (Sub No. 1), filed No­ along Wisconsin Highway 23 through 101 West Willis Avenue, Perry, Iowa. vember 20, 1957, CARL H. SCHAFFER, Sheboygan to Lake Michigan, not in­ Applicant’s attorney: Stephen Robinson, Payson, 111. For authority to operate cluding Sheboygan. 1020 Savings & Loan Building, Des as a common carrier of the same com­ From points within one mile of Otta­ Moines 9, Iowa. For authority to oper­ modities between the same points or wa, 111., to points in Michigan. ate as a common carrier of the same' within the same territory as authorized Used pallets, skids, bases, or other plat­ commodities between the same points or in the following permit: forms or containers, used and to be used within the same territory as authorized No. MC 108504, dated March 8, 1955. by said carrier in the previously author­ in the following permits: Fresh fruits and vegetables, from ized transportation of brick, tile, and re­ No. MC 107052, dated April 23, 1947. points in Hancock and Adams Counties, lated commodities, from Covington, Ky., Iron and steel castings, over irregular 111., to points in Iowa and Wisconsin Cincinnati, Ohio, and points in Michi­ routes, from Perry, Iowa, to Albert Lea, and fresh fruit and vegetable containers gan, Illinois, Indiana, Iowa, and Wiscon­ Minn., and to all points in Illinois. on return. sin, and those in that part of Missouri Seed corn, from Perry, Iowa, to points No. MC 108615 (Sub No. 6), filed No­ within 50 miles of the Illinois-Missouri in Missouri, Nebraska, Kansas, and vember 1, 1957, TERRY TRUCKING State line to Lowell, Ottawa, St. -Anne, South Dakota. SERVICE, INC., P. O. Box 502, R. F. D. and Streator, 111., and Crawfordsville and Rejected shipments of the above de­ No. 3, Ottawa, 111. Applicant’s repre­ Hobart, Ind. scribed commodities, from the points of sentative: George S. Mullins, 4704 West From St. Louis, Mo., and points in St. destination above described to Perry, Irving Park Road, Chicago 41, 111. For Louis County, Mo., to Springfield, 111. Iowa. 'authority to operate as a common car­ From Springfield, 111., to Brazil, Ind. No. MC 107052 (Sub No. 1), dated Au­ rier of the same commodities between From points in Indiana, Iowa, Michi­ gust 10, 1951. gan, and Wisconsin to Princeton, 111. the same points or within the same ter­ Commercial fertilizer, over irregular From points in Indiana (except those routes, from Perry, Iowa, and points ritory as authorized in the following in the Chicago, 111., Commercial Zone), within 2- miles thereof to points in Mis­ permit: Ohio, Iowa (except Davenport and Keo­ souri, Kansas, and South Dakota. No. MC 108615, dated July 1,1957. kuk) , points in Missouri within 50 miles Deteriorated commercial fertilizer, Building, roofing, and specified in­ of the Illinois-Missouri State line (except from points in the above-specified des­ sulating materials and supplies used in those in the St. Louis, Mo., East St. Louis, tination territory to Perry, Iowa, and the installation thereof and automobile HI., Commercial Zone), and points in points within 2 miles of Perry. body panels, over irregular routes, from that part of Wisconsin north and west of No. MC 107052 (Sub No. 3), dated Marseilles, HI., to points in Michigan, a line beginning at the Iowa-Wisconsin December 7,1954. and rejected shipments of the above- State line and extending along U. S. Fertilizer, from Perry, Iowa, to points Highway 18 to the western boundary line specified commodities on return. in that part of Minnesota on and south of Milwaukee County, thence north of a line beginning at the South Dakota- Brick and tile, from Lowell, Ottawa, along said boundary line to junction with Minnesota State line and extending St. Anne, and Streator, 111., and Craw- the Milwaukee County northern bound­ along Minnesota Highway 19 through fordsville and Hobart, Ind., to Coving­ ary line, thence east along said boundary Ivanhoe, Marshall, Gaylord, and Hows- ton, Ky., Cincinnati, Ohio, and points in line to junction Wisconsin Highway 57, dale, Minn., to the Wisconsin-Minnesota Hlinois, Indiana, Iowa, and Wisconsin, thence north along Wisconsin Highway State line, near Red Wing, Minn. and those in that part of Missouri within 57 to Plymouth, Wis., and thence east No. MC 108181 (Sub No. 5), filed No­ 50 miles of the Illinois-Missouri State along Wisconsin Highway 23 through vember 18, 1957, RIDDLE CARTAGE, line. Sheboygan to Lake Michigan, not in- Wednesday, January 1, 1958 FEDERAL REGISTER 35

eluding Sheboygan, to Ottawa, HI., and Wauneta, McCook, Trenton, Hamlet, MERRICK WARREN, doing business as points within one mile of Ottawa. Enders, Stratton, and Imperial, Nebr. WARREN BROTHERS, R. D. No. 2, Cen­ Prom points in Michigan to points Liquid petroleum products, in bulk, ter Road Station, LineSville, Pa. Appli­ within one mile of Ottawa, 111. from McPherson, Wichita, El Dorado, cant’s representative: G. H. Dilla, 3350 Building materials, from Chicago and Augusta, Kans., to Grant, Brandon, Superior Avenue, Cleveland 14, Ohio. Heights, 111., to points in Indiana within and Franklin, Nebr. For authority to operate as a common 60 miles of Chicago Heights. No. MC 109650 (Sub No. 9), filed No­ carrier of the same commodities between Building and roofing materials, from the same points or within the same ter­ Marseilles, 111., to Covington, Ky., Cin­ vember 15, 1957, HAROLD F. DUSHEK, 406 Lake Street, Waupaca, Wis. Appli­ ritory as authorized in the following cinnati, Ohio, and points in Indiana and permit: Iowa, and those in that part of Missouri cant’s attorney: Edward Solie, 715 First National Bank Building, Madison 3, Wis. No. MC 110130, dated June 2, 1954. within 50 miles of the Illinois-Missouri Agricultural limestone, over irregular State line. For authority to operate as a common routes, from Conneaut, Ohio, to points in Roofing and roofing materials, from carrier of the same commodities between Conneaut, Pine, North Shenango, West East St. Louis, 111., to Roachdale, Ind., the same points or within the same terri­ tory as authorized in the following Fallowfield, South Shenango, East Fal- and points in Indiana south of U. S. lowfield, Sadusbury, Summit, and Highway 40. permits: No. MC 109650, dated November 6, Beaver Townships, Crawford County, Roofing, roofing materials, and build­ Pa. ing materials, from Chicago Heights, 111., 1956. Agricultural limestone, in bulk, from to points in that part of Wisconsin on Coal, and commercial furniture and Conneaut, Ohio to points in Cussewago, and north of Wisconsin Highway 64. equipment, over irregular routes, from Greenwood, Hayfield, Spring, Summer- Canned goods, from points in Indiana Menominee, Mich., to Coleman, Wis. Commercial furniture and equipment, hill, Vernon, and Woodcock Townships, to points in Illinois. From points in the Crawford County, Pa. lower peninsula of Michigan to Canton, farm machinery, grain, feed, flour and Agricultural limestone, in sacks, from Hannibal, and St. Charles, Mo., and sugar, from Coleman, Wis., to points in Conneaut, Ohio to points in the town­ points in that part of Wisconsin on and the upper peninsula of Michigan. north of Wisconsin Highway 64. Commercial furniture and fixtures, un­ ships in Crawford County, Pa., specified crated, from Coleman, Wis., to points in above and points in Forest and Venango Prom points in that part of Wisconsin Counties, Pa. on and north of Wisconsin Highway 64 to Illinois, Iowa, Minnesota, North Dakota, Canton, Hannibal, and St. Charles, Mo., South Dakota, and the lower peninsula Fertilizer and fertilizer materials, and points in Iowa. of Michigan. ingredients and spreading machines; animal and poultry feed and feed From points in that part of Wisconsin Fertilizer, from Chicago Heights, 111., ingredients; inedible packing-house south of Wisconsin Highway 64 to Can­ and points in the Chicago, 111., Com­ products; agricultural insecticides; ton, Hannibal, and St. Charles, Mo. mercial Zone, as defined by the Commis­ weed-killing compounds; sprayers and Cement, from Utica, 111., to St. Louis, sion, to Coleman, Wis., and points in dusters; bags; and printed matter, be­ Mo., and points in Indiana, Iowa, and Wisconsin within 20 miles thereof. Wisconsin. Animal food and meat scraps, from tween Cleveland, Ohio, on the one hand, and, on the other, points in Allegheny, Farm seeds, from Grand Ridge, 111., Minneapolis, Minn., and points in the Armstrong, Beaver, Butler, Cameron, and points within five miles thereof to Chicago, 111., Commercial Zone, as points in Ohio and Michigan. defined by the Commission, to Coleman, Clarion, Clearfield, Crawford, Elk, Erie, Farm seeds, during the period January Wis., and points within 20 miles thereof. Fayette, Forrest, Greene, Indiana, Jef­ 1 to June 30, inclusive, of each year, from Animal food, from Minneapolis, Minn., ferson, Lawrence, Mercer, McKean, Pot­ Grand Ridge, 111., and points within five to points in Wisconsin and the upper ter, Venango, Warren, Washington, and miles thereof to points in Indiana and peninsula of Michigan within 75 miles Westmoreland Counties, Pa. Wisconsin. of Coleman, Wis., (except points in Wis­ No. MC 110283 (Sub No. 8), filed Octo­ Fertilizer, from Indianapolis and consin within 20 miles of Coleman, W is.). ber 22, 1957, PAUL ABLER, doing busi­ Hammond, Ind., to Grand Ridge, 111., Poultry food, from Minneapolis, Minn., ness as MADISON OIL, Box 596, Norfolk, and .points within five miles thereof. to points in Wisconsin and the upper Nebr. Applicant’s attorney: J. Max Malt beverages and sodas, from Clin­ peninsula of Michigan within 75 miles Harding, I. B. M. Building, 605 South of Coleman, Wis. ton, Iowa, St. Louis, Mo., Evansville, Ind., 12th Street, Lincoln 8, Nebr. For author­ and Milwaukee and Waukesha, Wis., to No. MC 109650 (Sub No. 7), dated ity to operate as a common carrier of the June 20, 1957. Ottawa, HI., and empty containers on same commodities between the same return. Flew furniture, and store and office points or within the same territory as Scrap paper and rags, from points ii fixtures, as defined by the Commission, authorized in the following permit: Indiana, Iowa, Michigan, and Missour uncrated, from Coleman, Wis., to points No. MC 110283, dated July 23, 1956. to Marseilles, 111. in Indiana and Ohio. Liquid petroleum products, in tank Slab and cut stone, from Bedford an< N o t e : Applicant conducts common carrier vehicles, over regular routes, from Au­ Bloomington, Ind., to Springfield, HI. operations by virtue of Certificate No. MO gusta, Kans., to Newman Grove, Nebr., and points within 100 miles of Spring' 113751, dated November 7, 1956. serving the intermediate point of field. No. MC 109890 (Sub No. 1), filed De­ Wichita, Kans., and the off-route point No. MC 109559 (Sub No. 4), filed De­ cember 2, 1957, H ARRY SMOLOWITZ of El Dorado, Kans., restricted to pick-up cember 4, 1957, GEORGE FEESE, doing AND MORRIS SMOLOWITZ, doing only. business as FEESE TRANSPORT, Alma, business as SMOLOWITZ BROS., 909 From Kansas City (Argentine), Kans., Nebr. For authority to operate as a Utica Avenue, Brooklyn 3, N. Y. For to.Saint Edward, Nebr., serving no inter­ common carrier of the same commodi­ authority to operate as a common car­ mediate points. ties between the same points or within rier oi the same commodities between Petroleum and petroleum products, in tne same territory as authorized in the the same points or within the same ter­ bulk, in tank vehicles, over irregular following permit: ritory as authorized in the following routes, from Council Bluffs, Iowa, and No. M e 109559, dated July 11, 1950 permit: points in Iowa within 10 miles thereof, Petroleum products, in bulk, over No. MC 109890, dated May 14, 1951. regular routes, from refining and distr New furniture and new hotel and hos­ to Ainsworth, Albion, Bassett, Columbus, Creston, Grand Island, Fullerton, Madi­ Points in Kansas, to Culbertsi pital furnishings uncrated, over irregu­ son, Niobrara, Pierce, Plainview, Prim­ Cambridge, Holbrook, Arapahoe, a lar routes, between New York, N. Y., and Bertrans, Nebr., and North Kansas Ci Washington, D. C. rose, Tilden, Wahoo, Norfolk, and Osmond, Nebr., and from refining and N o t e : Applicant conducts common carrier distributing points in Kansas, to Nio­ br5g0emNe°brth City' Mo" Cam- operations by virtue of Certificate No. MO brara, Pierce, and Plainview, Nebr., and 95180 and Sub numbers thereunder. Refined petroleum products, from re­ rejected or damaged shipments of pe­ fining and distributing points in Kansas No. MC 110130 (Sub No. 5), filed Oc­ troleum and petroleum products on 10 Benkelman, Culbertson. Palisade, tober 28, 1957, JOE WARREN AND return. 36 NOTICES one hand, and, on the other, Relay, Md., Refined petroleum products, from re­ 'tion New York Highway 57 at Syracuse, N. Y., east of New York Highway 57 and Croydon, Pa. fining and distributing points in Kansas Asphalt compound, from Chester, W. to Columbus, Nebr. } extending from Syracuse to Oswego, N. Y., and on and south of U. S. High­ Va., to Uhrichsville, Ohio, and points Refined petroleum products, in bulk, within 4 miles thereof, and points in from refining and distributing points in way 20 beginning at the New York-Mas- p a lm yra. Township, in Portage County, Kansas to Hoskins, Winside, and Stan­ sachusetts State line and extending to Ohio. ton, Nebr. junction U. S. Highway 11, and east of U. S. "Highway 11 beginning at junction Sulphur compound, from Emmaus, Liquid petroleum products, in bulk, Pa., to Uhrichsville, Ohio, and points from refining and distributing points in U. S. Highway 20 and extending to the New York-Pennsylvania State line; . within 4 miles thereof, and points in Pal­ Kansas to Fullerton, Clarks, Albion, myra Township, in Portage County, Saint Edward, and Platte Center, Nebr. points in New Jersey, Delaware, the District of Columbia, Virginia, and Ohio. Petroleum products, in bulk, from re­ No. MC 110478 (Sub No. 4), dated De­ fining and distributing points in Kansas Maryland; those in West Virginia east of U. S. Highway 219 from the West cember 27,1956. to Grand Island, Osmond, Primrose, Co­ Clay products and fire clay, over irreg­ lumbus, Wahoo, Fullerton, Saint Ed­ Virginia-Maryland State line to junc­ tion U. S. Highway 60 and north of U. S. ular routes, from points in Tuscarawas ward, Belgrade, Greeley, Albion, Ericson, County, Ohio, and points in Springfield Tilden, Norfolk, Crestón, Howells, Hum­ Highway 60 from said junction to the Township in Summit County, Palmyra phrey, Leigh, and Madison, Nebr. West Virginia-Virginia State line; those in Kentucky (except points in Boyd, Township in Portage County, and Brown Petroleum products, in bulk, in tank Township in Carroll County, Ohio, to vehicles, from refining and distributing Greenup, Mason, Campbell, Kenton, points in Wisconsin. points in Kansas to a point (presently Boone, and Jefferson Counties, K y .), and St. Louis, Mo., and points in St. Louis Cardboard and lumber used in the known as Ray Dvorak’s service station) manufacture, packing or shipping of clay located approximately one mile north County, Mo. . Pallets and lumber used in connection products and fire clay, from points in and four miles east of Brainerd, Nebr., on Wisconsin to points in Tuscarawas Alternate ü. S. Highway 30. with the manufacture or shipment of clay products, from points in the above- County, Ohio, and points in Palmyra No. MC 110468 (Sub No. 2), filed Oc­ specified destination territory to Uh­ Township in Portage County, Ohio. tober 18, 1957, JOSEPH HERR, doing richsville, Ohio, and points with 3 miles No MC 111308 (Sub No. 2), filed Octo­ business as HERR TRUCKING COM­ thereof, and points in Jefferson County, ber 2*3, 1957, M ARTIN S. MARKS, doing PANY, 1132 Clinton, Fremont, Ohio. Ohio. business as M. S. MARKS, 131 10th For authority to operate as a common Fire clay and clay products, from Avenue, New York, N. Y. Applicant’s carrier of the same commodities between Uhrichsville, Ohio, and points within 4 attorney: Harris J. Klein, 280 Broadway, the same points or within the same ter­ miles thereof, and points in Jefferson New York 7, N. Y. For authority to op­ ritory as authorized in the following County, Ohio, to points in Pennsylvania, erate as a common carrier of the same permit: Ohio, Illinois, Indiana, Lower Peninsula commodities between the same points or No. MC 110468, dated November 21, of Michigan, points in Boyd, Greenup, within the same territory as authorized 1951. Mason, Campbell, Kenton, Boone, and in the following permit: Lime and limestone products, over ir­ Jefferson Counties, Ky., points in New No. MC 111308, dated April 13, 1951. regular routes, From points in Wood York on and west of a line beginning at Alcoholic beverages, except malt bever­ County, Ohio, to points in Boone, Boyd, Oswego, N. Y., and extending along New ages, over irregular routes, between New­ Bracken, Campbell, Greenup, Kenton, York Highway 57 to Syracuse, N. Y., ark and Linden, N. J., on the one hand, Lewis, Mason, and Pendleton Counties, thence along U. S. Highway 11 to the and, on the other, points in the Port of Ky., Brooke, Cabell, Hancock, Jackson, New York-Pennsylvania State line, and New York District as described in the Marshall, Mason, Ohio, Pleasants, Tyler, points in West Virginia on and west of appendix to the order of the Commission, Wayne, Wood, and Wetzel Counties, W. a line beginning at the West Virginia- Division 4, in Ex Parte No. 140, Deter- Va., that part of Michigan on and south Maryland State line and extending along minatioh of the Limits of New York Har­ of Michigan Highway 55, that part of U. S. Highway 219, to junction U. S. bor and Harbors Contiguous Thereto, Indiana on and north of a line extend­ Highway 60, and thence along U. S. entered on March 26,1941. ing along U. S. Highway 52 from the Highway 60 to the West Virginia-Vir- No. MC 111419 (Sub No. 3), filed No­ Ohio-Indiana State line to junction In­ ginia State line. diana Highway 46, thence along Indiana Empty containers, used in the trans­ vember 27, 1957, H. E. JENSEN, Box 21, Highway 46 to Terre Haute, Ind., thence portation of clay products, from points Scottville, Mich. Applicant’s attorney: along U. S. Highway 40 to the Indiana- in the destination territory described K it F. Clardy, Olds Tower, Lansing, Illinois State line. immediately above to Uhrichsville, Ohio, Mich. For authority to operate as a Materials, supplies, equipment and and points within 4 miles thereof, and common carrier of the same commodi­ ties, between the same points or within machinery used in the quarrying, refin­ points in Jefferson County, Ohio. the same territory as authorized in the ing, preparation and shipment of lime No. MC 110478 (Sub No. 2), dated and limestone products, from points in January 18, 1956. following permit: the above-specified destination territory Clay products, over irregular routes, No. MC 111419, dated March 8,1955. Salt, in truckloads, over irregular to points in Wood County, Ohio. from points in Palmyra Township, in Portage County, Ohio, to points in Illi­ routes, from Manistee, Mich., to points No. MC 110478 (Sub No. 6), filed in Indiana and Illinois. November 7, 1957, WATKINS TRUCK­ nois, Indiana, Kentucky, and St. Louis N o t e : Applicant is authorized to conduct ING, INC., 818 Gorley Street, Uhrichs- County, Mo. Concrete sewer pipe and concrete man­ operations as a common carrier in Certificate ville, Ohio. Applicant’s attorney: John No. MC 86580 and sub-numbers thereunder. P. McMahon, 44 East Broad Street, holes and fittings therefor, asphalt com­ Columbus 15, Ohio. For authority to pound, and sulphur compound, from No. MC 111834 (Sub No. 2), filed No­ operate as a common carrier of the points in Palmyra Township, in Portage vember 29, 1957, RAYMOND R. BLOCK, same commodities between the same County, Ohio, to points in New York, doing business as ADAMS COAL CO., points or within the same territory as Pennsylvania, and West Virginia. R. R. No. 1, Wittenberg, Wis. Appli­ authorized in the following permits: Sewer pipe forms (iron or steel), be­ cant’s attorney: Edward A. Solie, 715 First National Bank Building, Madison No. MC 110478, dated August 17, 1953. tween points in Palmyra Township, in 3, Wis. For authority to operate as a Clay products, over irregular routes, Portage County, Ohio, on the one hand, common carrier of the same commodi­ from Uhrichsville, Ohio, and points and, on the other, Relay, Md., and Croy­ ties between the same points or within within 3 miles thereof, and from points don, Pa. the same territory as authorized in the in Jefferson County, Ohio, to points in Reinforcing steel mesh, from Mones- that portion of New York on and south following permit: sen and Donora, Pa., to points in Pal­ , No. MC 111834, dated June 30, 1952. of New York Highway 12F beginning at myra Township, in Portage County, Forest products, including rough and Black River Bay and extending to surfaced lumber, but not including ve­ Watertown, N. Y., on and west of U. S. Ohio. Between points in Palmyra Town­ neer, plywood, dimension stock, and ce- Highway 11 from Watertown to junc- ship, in Portage County, Ohio, on the Wednesday, January 1, 1958 FEDERAL REGISTER 37 dar poles and posts, over Irregular New furniture, uncrated, over irregu* Highway 322, thence along U. S. High­ routes, between points in Menominee, lar routes, from Syracuse and Fayette­ way 322 to junction U. S. Highway 220, Dickson, Iron, Baraga, Houghton, On­ ville, N. Y., to New York, N. Y., New thence along U. S. Highway 220 to the tonagon, and Marquette Counties, Mich., Haven, Conn., Boston and Springfield, Maryland-Pennsylvania State line, in­ on the one hand, and, on the other, Mass., Newark, Teaneck, and Ruther­ points in Wisconsin. cluding points on the indicated portions ford, N. J., Philadelphia, Pittsburgh, of the highways specified, and points in No. MC 112584 (Sub No. 17), filed Oc­ Reading, Jacobus, Carlisle, Esterly, and that part of West Virginia on and north tober 23, 1957, FRED A. SHELTON, Sunbury, Pa., Baltimore, Md., and Wash­ of U. S. Highway 50. Copperhill, Term. For authority to op­ ington, D. C. Restriction: The service authorized erate as a common carrier of the same No. MC 113929 (Sub No. 1) filed -No­ immediately above is restricted against commodities between the same points vember 20, 1957, WILLIAM STONE- the transportation of new furniture or within the same territory as author­ BRAKER, doing business as STONE- from points in Warren County, Pa. ized in the following permits: BRAKER TRUCKING SERVICE, 1907 N o t e : See republication of MC 82336 (Sub No. MC 112584, dated May 15, 1956. West Clay Street, St. Charles, Mo. Ap­ No. 18) published this issue. ■ Sulphur dioxide, in bulk, in tank ve­ plicant's attorney: B. Richards Creech, By the Commission. hicles, over a regular route, from 124 South Main Street, St. Charles, Mo. Copperhill, Tenn., to Sylva, N. C„ serving Bor authority to operate as a common [ s e a l ] H aröld D . M cC o y , no intermediate points. carrier of the same commodities between Secretary. Sulphur dioxide, in bulk, in tank ve­ the same points or within the same ter­ hicles, over irregular routes, from Cop­ [F. R. Doc. 57-10894; Filed, Dec. 31, 1957; ritory as authorized in the following 8:45 a. m.] perhill, Tenn., to Dry Branch‘and Jesup, permit: ' Ga., Fox, Ala» Natchez, Miss., and No. MC 113929, dated March 23, 19541 Canton, N. C. Superphosphate, in bulk, in dump ve­ No. MC 112584 (Sub No. 12), dated hicles, over irregular routes, from the ¡Notice 2 1 J June 4, 1956. site of Illinois Farm Supply Co’s, plant, Sulphur dioxide, in bulk, in tank ve­ located approximately five miles east of M otor C arrier A lter n ate R o ute hicles, over irregular routes, from Cop­ East St. Louis, 111., on U. S. Highway 40, D e v ia t io n N o tic es perhill, Tenn., to Foley, Fla. to the site of Farm Bureau Service of D ecember 27,1957. No. MC 112833 (Sub No. 2) filed Missouri, Ind., plant, near New Florence. November 25,1957, ELMER ROSE, doing Mo. The following letter-notices of pro­ business as ELMER ROSE TRUCKING posals to operate over deviation routes No. MC 114022 (Sub No. 3), filed No­ for operating convenience only with no COMPANY, 1300 Meridian Ave., Laurel, vember 29,1957, C. J. WITTENBERGER, Miss. For authority to operate as a service at intermediate points have been doing business as C. J. WITTENBERGER filed with the Interstate Commerce Common carrier of the same commodi­ TRUCK & BUS SERVICE, Hartford, ties between the same points or within Commission, under the Commission’s De­ Wis. Applicant’s attorney: Claude J. viation Rules Revised, 1957 (49 CFR 211.1 the same territory as authorized in the Jasper, One West Main Street, Madison following permit: (c) (8 )) and notice thereof to all inter­ 3, Wis. For authority to operate as a No. MC 112833, dated January 29,1953. ested persons is hereby given as provided common carrier of the same commodi­ In such rules (49 CFR 211.1 ( d ) (4)). Emulsified asphalt, in bulk, in t&nk ties between the same points or within vehicles, over irregular routes, from Protests against the use of any pro­ the same territory as.authorized in the posed deviation route herein described Laurel, Miss., to points in Alabama and following permit: Tennessee. may be filed with the Interstate Com­ Passengers and their baggage and bag- merce Commission in the manner and No. MC 113756 (Sub No. 2) filed De­ page of passengers in a separate vehicle, form provided in such rules (49 CFR cember 2, 1957, JOSEPH W.' GEHR, Big during the season between May 1 and 211.1 (e)) at any time but will not oper­ Spring, Md. For authority to operate as November 30, both inclusive of each year, ate to stay commencement of the pro­ a common carrier of the same com- over irregular routes, between points in posed operations unless filed within 30 between ^ e same points or Wisconsin, on the one hand, and, on days from the date of publication. within the same territory as authorized the other, points in Minnesota, Iowa, Il­ Successively filed letter-notices of the m the following permit: linois, Indiana, Michigan, and Ohio. same carrier under the Commission’s 1954> 113^56, dated February 16, No. MC 116821 (Sub No. 2) filed De­ Deviation Rules Revised, 1957, will be cember 6, 1957, FURNITURE DELIV­ numbered consecutively for convenience New furniture, uncrated, over irregular ERY, INC., 121 West Salem Street, Co­ in identification and protests if any routes from Hagerstown, Md., to Balti- lumbiana, Ohio': Applicant’s attorney: should refer to such letter-notices by S 6’ *i?r PittsburSh, Harrisburg, Lan- Richard H. Brandon, Hartman Building, number. , i to w n - Reading, Philadelphia, Columbus 15, Ohio. For authority to MOTOR CARRIERS OF PASSENGERS and Bala-Cynwyd, Pa., Wilmington, D el, operate as a common carrier of the same Newark Camden, and Trenton, N. J.. commodities between the same points or No. MC-1501 (Deviation No. 7), THE Buffalo> Syracuse, Schenec­ within the same territory as authorized GREYHOUND CORPORATION EAST­ tady, Albany, and New York, N. Y New in the following permit: ERN GREYHOUND LINES), 2600 S 2 2 * Hartford. and Bridgeport, Conn., No. MC 82336, dated February 6, 1950, Hamilton Avenue, Cleveland 14, Ohio, a n 7 £ f ’ * R ' Boston> Springfield, a portion acquired pursuant to MC-FC filed December 18, 1957. Carrier pro­ ]flr?H^?vfCester* Mass > Akron and Cleve- 60315, reading: poses to operate as a common carrier by a n i,? hl0:,and the District of Columbia, New furniture, uncrated, from Colum­ motor vehicle of passengers, over a de­ defective, rejected, or re- biana, Ohio, to points in Indiana, Ken­ viation route, between the Western commnrti’'Pments> of the above-specified Terminus of the Connecticut Turnpike commodities, on return. tucky, Maryland, New Jersey, New York Pennsylvania, West Virginia, the Dis­ at the Connecticut-New York State line H3881 (Sub No. 2), filed No- trict of Columbia, and those in Monroe, and the Eastern Terminus of the said Wayne, and Macomb Counties, Mich. turnpike at the Connecticut-Rhode Is­ SR^AKrn’wD57, EDWARD A, DeBOER, land State line over the Connecticut ness BEELS« d<>ing busi- New furniture, and used furniture, when transported for or after refinishing, Turnpike and access routes as follows: DeBOER AND BEELS SYRA- in the City of. Bridgeport, Conn., over N n S !£BANSpeR & STORAGE CO., 122 reconditioning, or reupholstering at a Avenue, Syracuse 6, N. Y. factory, repair shop, or upholstery shop, city streets and over the entrance and between points in Mahoning and Colum­ exit ramps to the Connecticut Turnpike; c a t r Z r ^ u 7 to operate as a common in the city of New Haven, Conn., over the f ame commodities between biana Counties, Ohio, on the one hand, city streets and over the entrance and tnrvSa^le poi?^s or witbin the same terri- and, on the other, points in that part of Pennsylvania west of a line beginning exit ramps to the Connecticut Turnpike; perLit- authorized in the following from New London, Conn., over U. S. at the New York-Pennsylvania State line Highway 1A to its junction with the June 1Mi ?53U3881 _{U. S. Highway 71, as an alternate route Counties, Pa., on the one hand, and, on The following applications are gov­ for operating convenience only, serving no intermediate points; (3) between the other, points in the United States. erned by the Interstate Commerce Com­ Applicant is authorized to conduct oper­ mission’s Special Rules governing notice Alexandria, La., and Junction U. S. Highways 190 and 71 near Krotz Springs, ations throughout the United States. of filing of applications by motor carriers HEARING: February 6, 1958, at the of property or passengers and by brokers La., over U. S. Highway 71, as an alter­ nate route for operating convenience Offices of the Interstate Commerce Com­ under sections 206, 209, and 211 of the only, serving no intermediate points. mission, Washington, D. C„ before Ex­ Interstate Commerce Act and certain aminer Alvin H. Schutrumpf. other procedural matters with respect The above routes are in connection with applicant's authorized regular route op­ No. MC 35088 (Sub No. 1), filed April thereto (49 CFR 1.241). erations. 5, 1957, (Amended November 8, 1957), All hearings will be called at 9:30 published in August 28, 1957 issu e, page N o t e : Duplicating authority should b e o’clock a. m., United States standard 6944, R. T. GILL. JR., 530 Deckbar Ave- time, unless otherwise specified. eliminated. Applicant is authorized to con­ Wednesday, January 1, 1958 FEDERAL REGISTER 39}

nue, Mall: P. O. Box 10145 New Orleans to transport specified commodities in Washington 5, D. C. For authority to 21, La. Applicant’s attorney: Lamar Alabama, Arkansas, Georgia, Louisiana, operate as a common carrier, over irreg­ Polk, 715 Johnson Street, Alexandria, Mississippi, Oklahoma, Tennessee, and ular routes, transporting: Prefabricated La. For authority to operate as a con­ Texas, and similar commodities in Ar­ and precut buildings or houses, complete, tract carrier, over irregular routes, trans­ kansas and Louisiana.. knocked down, or in sections, and all porting: General commodities, except HEARING: February 20, 1958, at the component parts necessary to the con­ commodities of unusual value, Class A Jung Hotel, New Orleans, La., before struction erection, or completion of such and B explosives, household goods as Joint Board No. 218. buildings or houses, when shipped with defined by the Commission, commodities No. MC 106977 (Sub No, 18), filed Sep­ same, from Allentown and Bethlehem, in bulk and those requiring special equip­ tember 3, 1957, T. S. C. MOTOR Pa., to points in Connecticut, Maine, ment, between all points in Louisiana. FREIGHT LINES, INC., 400 Pinckney Massachusetts, New Hampshire, Rhode N o t e : Applicant proposes to traverse a Street, P. O. Box 2625, Houston, Tex. Island, and Vermont; and empty con­ portion of the state of Mississippi for operat­ Applicant’s attorney: Reagan Sayers, tainers or other such incidental facili­ ing convenience only. Century Life Building, Fort Worth 2, ties (not specified), used in transporting CONTINUED HEARING: February 20, Tex. For authority to operate as a com­ the above-specified commodities on re­ 1958, at the Jung Hotel, New Orleans, mon carrier, transporting: General com­ turn. Applicant is authorized to trans­ La., before Joint Board No. 28. modities, except commodities of unusual port the commodities specified in Ala­ No. MC 68349 (Sub No. 22), filed No­ value, Class A and B explosives, house­ bama, Connecticut, Delaware, Florida, vember 18, 1957, ROWE TRANSFER & hold goods as defined by the Commis­ Georgia, Kentucky, Maine, Maryland, STORAGE COMPANY, a Corporation, sion, commodities in bulk and those re­ Massachusetts, New Hampshire, New 1319 Western Avenue SW., Knoxville, quiring special equipment, between Jersey, New York, North Carolina, Ohio, Tenn. For authority to operate as a Shreveport, La., and Alexandria, La., Pennsylvania, Rhode Island, South Car­ common carrier, over irregular routes, from Shreveport over U. S. Highway 71 olina, Tennessee, Vermont, Virginia, transporting: General commodities, ex­ to Alexandria, and return over the same West Virginia, and the District of Co­ cept those of unusual value, livestock, route, serving no intermediate points, as lumbia. Class A and B explosives, household an alternate route for operating con­ HEARING: February 4, 1958, at the goods as defined by the Commission, venience only and coordinating the pro­ Offices of the Interstate Commerce Com­ commodities in bulk, and those requiring posed service with the existing service mission, Washington, D. C., before Ex­ special equipment, and empty containers of applicant. aminer Lacy W. Hinely. or other such incidental facilities (not HEARING: February 24, 1958, at the No. MC 109637 (Sub No. 63), filed De­ specified) used in transporting the com­ Jung Hotel, New Orleans, La., before cember 6, 1957, GASOLINE TRANS­ modities specified, between the United Joint Board No. 164. PORT CO., a. corporation, 4107 Bells States Atomic Energy Commission plants No. MC 107002 (Sub No. 115), filed Lane, Louisville 11, Ky. For authority at Fernald, Ohio, and Oak Ridge, Tenn. December 2, 1957, W. M. CHAMBERS to operate as a common carrier, over Applicant is authorized to transport the TRUCK LINE, INC., P. O. Box 687, New irregular routes, transporting: Liquid commodities specified in Kentucky, Orleans 7, La. For authority to operate chemicals, in bulk, in tank vehicles, from South Carolina, and Tennessee. as a common carrier, over irregular Indianapolisrlnd., to Buffalo, N. Y., and HEARING: January 16, 1958, at the routes, transporting: Liquefied petro­ points in Illinois, Kentucky, Michigan, Dinkler-Andrew Jackson Hotel, Nash­ leum gases, in bulk, in tank vehicles, Missouri, Ohio, and Wisconsin. Appli­ ville, Tenn., before Joint Board 209, or, from Venice, La., and points within five cant is authorized to conduct operations if the Joint Board waives its right to miles of Venice, to points in Mississippi. in Alabama, Florida, Georgia, Illinois, participate, before Examiner Alton R. Applicant is authorized to transport sim­ Indiana, Kentucky, Louisiana, Michigan, Smith. ilar commodities in Alabama, Arkansas, Minnesota, Mississippi, Missouri, North No. MC 99703 (Sub No. 1), CENTRAL Georgia, Louisiana, Mississippi, Missouri, Carolina, Ohio, Tennessee, Texas, West FREIGHT LINES, 423 North Main, Tennessee, and Texas. Virginia, and Wisconsin. Helena, Mont. Applicant’s attorney: HEARING: February 21, 1958, at the HEARING: February 4, 1958, at the Paul T. Keller, Penwell Block, Helena, Jung Hotel, New Orleans, La., before U. S. Court Rooms, Indianapolis, Ind., Mont. Assigned for hearing to determine Joint Board No. 28. before Examiner Leo A. Riegel. whether the motor vehicle operations of No. MC 107403 (Sub No. 252), filed No­ No. MC 110505 (Sub No. .36), filed De­ the said carrier are and will be under vember 19, 1957, E. BROOKE MATLACK, cember, 12, 1957, RINGLE TRUCK common management or control with INC., 33d and Arch Streets, Philadel­ LINES, INC., 601 South Grant Avenue, any other carrier engaged in operations phia 4, Pa. Applicant’s attorney: Paul F. Fowler, Ind. Applicant’s attorney: in any other State, and of the eligibility Barnes, 811-819 Lewis Tower Building, Robert C. Smith, 512 Illinois Building, of the said CENTRAL FREIGHT LINES 225 South 15th Street, Philadelphia 2, Pa. Indianapolis 4, Ind. For authority to to engage in operations in interstate or For authority to operate as a common operate as a common carrier, over irreg­ foreign commerce within the State of carrier, over irregular routes, transport­ ular routes, transporting: Farm and in­ Montana under the second proviso of sec­ ing: Asphalt, in bulk, in tank vehicles, dustrial tractors, restricted to traffic, tion 206 (a) (1) of the Interstate Com­ from Covington, Ky., to points in Ohio. having a prior movement by water, from merce Act. Applicant is authorized to conduct oper­ Baltimore, Md., and New York, N. Y., to HEARING: February 3, 1958, at th ations in Alabama, Connecticut, Dela­ points in Illinois, Indiana, Iowa, Kansas, U. s. Court Rooms, Helena, Mont., befor ware, Georgia, Indiana, Kansas, Maine, Michigan, Minnesota, Missouri, Ne­ Examiner David Waters. Maryland, Massachusetts, Michigan, braska, North Dakota, Ohio, South No. MC 102567 (Sub No. 61), filed Sep Minnesota, Missouri, New Hampshire, Dakota, and Wisconsin, and damaged or tember 30,1957, EARL CLARENCE GIB New Jersey, New York, North Carolina, rejected shipments of the commodities BON, doing business as EARL GIBBOl Ohio, Pennsylvania, Rhode Island, South specified in this application from the PETROLEUM TRANSPORT, West Firs Carolina, Tennessee, Vermont, Virginia, above destination territory to Baltimore, and Broadway, Bossier City, La. Mail West Virginia, Wisconsin, and the Dis­ Md., and New York, N. Y. Applicant is mg address: P. O. Box 1822, Shrevepori trict of Columbia. authorized to transport similar commod­ La. Applicant’s attorney: Jo E. Shav HEARING: January 10, 1958, at the ities in Arkansas, Illinois, Indiana, Iowa, First National Bank Building, Houstor Department of Motor Transportation^ Kansas, Kentucky, Michigan, Minnesota, Tex. For authority to operate as a com State Office Building, Frankfort, Ky., Mississippi, Missouri, Nebraska, Ohio, won carrier, over irregular route: before Joint Board No. 37, or, if the Joint Tennessee, and Wisconsin. transporting: Sulphate black liquo Board waives its right to participate, be­ HEARING: January 3i, 1958, at the skimmings, in bulk, in tank vehicle: fore Examiner Alton R. Smith, Offices of the Interstate Commerce Com­ irom the site of the plant of Interna No. MC 109060 (Sub No. 54), filed De­ mission, Washington, D. C., before Ex­ tional Paper Company located at or nea cember 12, 1957, JULIA L. HAGAN, aminer Dallas B. Russell. Ark., to the sites of the plant doing business as HAGAN TRUCK No. MC 111138 (Sub No. 8), (Amended) I International Paper Company lo LINE, 3405 Bainbridge Boulevard, South filed October 18,1957, published Decem­ cated at or near Natchez, Miss., am Norfolk, Va. Applicant’s attorney: ber 4, 1957 issue, on Page 9718, COLO­ ©pringhill, La. Applicant Is authorize: Chester E. King, 1507 M Street. NW, NIAL & PACIFIC FRIGIDWAYS. INC.. 40 NOTICES

1215 Bankhead Highway West, P. O. Box the one hand, and, on the other, points in serving Maysville as a point of Joinder. 2169, Birmingham, Ala. Applicant’s at­ the United States. Applicant is authorized to conduct op­ torneys: Bennett T. Waites, Jr., 531-34 HEARING: January 29, 1958, at the erations in Arkansas, Oklahoma, and Prank Nelson Building, Birmingham 3, Jung Hotel, New Orleans, La., before Ex­ Texas Ala., and Loyal G. Kaplan, 924 City Na­ aminer Lucian A. Jackson. HEARING: February 13, 1958, at the tional Bank Building, Omaha 2, Nebr. No. MC 117088, filed December 18,1957, Federal Building, Oklahoma City, Okla., For authority to operate as a common ASPHALT TRANSPORT, INC., 3000 Air­ before Joint Board No. 88. carrier, over irregular routes, transport­ line Highway (P. O. Box 7335), New No. MC 28680 (Sub No. 17), filed ing: Animal fats, animal oils, vegetable Orleans 19, La. For authority to operate November 6, 1957, JORDAN BUS COM­ oils, and products and blends thereof; as a common carrier, over irregular PANY, a Corporation, Jordan Terminal deodorized edible fish oils or blends routes, transporting: Asphalt and Building, Hugo, Okla. Applicant’s at­ thereof; wines and beer without stipu­ asphalt products, in bulk, (1) from points torney: Max G. Morgan, 443-54 Ameri­ lated alcoholic contents, other than state in Warren County, Miss., to all points can National Building, Oklahoma City 2,' regulations; fruit juices with and with­ in Avoyelles, Bienville, Bossier, Caddo, Okla. For authority to operate as a out sugar content; imitation fruit Caldwell, Catahoula, Claiborne, Con­ common carrier, over a regular route, flavored drink with sugar added and fruit cordia, De Soto, East Carroll, Franklin, transporting: Passengers, express, mail juice mixtures with or without sugar Grant, Jackson, La Salle, Lincoln, Madi­ and/or baggage of passengers in the added or blends thereof; in bulk, in tank son, Morehouse, Natchitoches, Oua­ same vehicle with passengers, between vehicles, between points in Nebraska, chita, Rapides, Red River, Richland, Tecumseh, Okla., and Spiro, Okla., from Kansas, Missouri, Iowa, Minnesota, Wis­ Sabine, Tensas, Union, Vernon, West Tecumseh over Oklahoma Highway 9 to consin, Illinois, Indiana, Michigan, and Carroll, and Winn Parishes in Louisiana; Spiro, and return over the same route, Arkansas on the one hand, and, on the and (2) from points in Orleans, Jeffer­ serving all intermediate points between other, points in California, Washington, son, St. Charles, and East Baton Rouge Tecumseh and Whitefield, Okla., re­ Oregon, Idaho, Utah, and Phoenix, Ariz. Parishes, La., to all points in Caldwell, stricted against local service between Applicant is authorized to transport Catahoula, Concordia, Franklin, East Whitefield and Spiro, Okla., and serving other commodities from specified points Carroll, La Salle, Madison, Morehouse, the off-route point of Seminole, Okla. in Illinois, Iowa, and Wisconsin to spec­ Ouachita, Richland, Tensas, and West Applicant is authorized to conduct sim­ ified points in California and Washing­ Carroll Parishes in Louisiana; and ilar operations between specified points ton. cement, in bulk, from the same origin in Oklahoma, Texas, and Arkansas. HEARING: Remains as assigned points to the same destination points as HEARING: February 11, 1958, at the February 10, 1958, in Room 226, Old specified in (2) above. Federal Building, Oklahoma City, Okla., Mint Building, Fifth and Mission Streets, HEARING: February 28, 1958, at the before Joint Board No. 88. San Francisco, Calif., before Examiner Jung Hotel, New Orleans, La., before No. MC 109780 (Sub No. 49), filed F. Roy Linn. Joint Board No. 28. November 15, 1957, TRANSCONTI­ No. MC 112497 (Sub No. 99), filed Sep­ No. MC 117088, filed December 18, NENTAL BUS SYSTEM, INC., 315 Conti­ tember 16, 1957, HEARIN TANK LINES, 1957, ASPHALT TRANSPORT, INC., nental Avenue, Dallas, Tex. For author­ INC., 6440 Rawlins Street, P. O. Box 3000 Airline Highway (P. O. Box 7335), ity to operate as a common carrier, over 3096, Istrouma Branch, Baton Rouge, New Orleans 19, La. For authority to regular routes, transporting: Passengers, La. For authority to operate as a com­ operate as a common carrier, over ir­ baggage of passengers; light express, and mon carrier, over irregular routes, regular routes, transporting: Asphalt newspapers (in the same vehicle) be­ transporting: Benzene (Benzol), in bulk, and asphalt products, in bulk, (1) from tween Eufaula, Okla., and Whitefield, in tank vehicles, from Baton Rouge, La., points in Warren County, Miss., to all Okla., over Oklahoma Highway 9, serv­ to McIntosh, Ala. Applicant is author­ points in Avoyelles, Bienville, Bossier, ing all intermediate points. Applicant ized to conduct operations in Louisiana, Caddo, Caldwell, Catahoula, Claiborne, is conducting operations in Arizona, Mississippi, Arkansas, Alabama, Florida, Concordia, De Soto, East Carroll, Frank­ Arkansas, California, Colorado, Illinois, Georgia, Tennessee, Missouri, California, lin, Grant, Jackson, La Salle, Lincoln, Iowa, Kansas, Louisiana, Missouri, Ne­ Ohio, New York, Texas, South Carolina, Madison, Morehouse, Natchitoches, braska, New Mexico, Oklahoma, Texas, North Carolina, and Kentucky. Ouachita, Rapides, Red River, Rich­ and Utah. HEARING: February 21, 1958, at the land, Sabine, Tensas, Union, Vernon, HEARING: February 14, 1958, at the Jung Hotel, New Orleans, La., before West Carroll, and Winn Parishes in Federal Building, Oklahoma City, Okla., Joint Board No. 165. Louisiana; and (2) from points in Or­ before Joint Board No. 88. No. MC 116387 (Sub No. 8), filed De­ leans, Jefferson, St. Charles, and East No. MC 116912, filed September 5,1957, cember 20, 1957, ALABAMA TANK Baton Rouge Parishes, La., to all points WORKER’S TRANSPORTATION OF LINES, INC., P. O. Box 36, Powderly in Caldwell, Catahoula, Concordia, DEQUINCY, LOUISIANA, INC., P. O. Station, Birmingham, Ala. For author­ Franklin, East Carroll, La Salle, Madi­ Box 776; De Quincy, La. For authority ity to operate as a common carrier, over son, Morehouse, Ouachita, Richland, to operate as a common carrier, over ir­ irregular routes, transporting: Liquid Tensas, and West Carroll Parishes in regular routes, transporting: Passengers Acids, Chemicals and cleaning com­ Louisiana; and cement, in bulk, from (to consist of plant workers only), be­ pounds, in bulk, in tank vehicles, from the same origin points to the same des­ tween De Quincy, Fields, Singer, Ragley, McIntosh, Ala., and points within 10 tination points as specified in (2) above. Perkins, and Starks, La., (all within 17 miles thereof to points in Florida, HEARING: February 28, 1958, at the miles of De Quincy, La.), and an area Georgia, Ohio, South Carolina, and Ten­ Jung Hotel, New Orleans, La., before described as the industrial area lying nessee. Applicant is authorized to con­ Joint Board No. 28. between a point approximately 5 miles duct operations in Alabama, Mississippi, No. MC 28680 (Sub No. 15), filed Oc­ south of Orange, Texas, to a point 3 Tennessee, Georgia, Florida, Kentucky, tober 25, 1957, JORDAN BUS COM­ miles north of Port Arthur, Texas, com- Louisiana, North Carolina, South Caro­ PANY, a corporation, Jordan Terminal im>nly known as the mid-county area. lina, and Arkansas. Building, Hugo, Okla. Applicant’s at­ **HEARING: February 21, 1958, at the HEARING: January 20, 1958, at the torney: Max G. Morgan, 443-54 Ameri­ Jung Hotel, New Orleans, La., before U. S. Court Rooms, Montgomery, Ala., can National Building, Oklahoma City Joint Board No. 32. before Examiner Michael B. Driscoll. 2, Okla. For authority to operate as a No. MC 117052, filed November 22, common carrier, over a regular route, A p p l ic a t io n i n W h ic h H a n d l in g W it h ­ 1957, ALVIE L. JOWERS, 5982 Evangel- transporting: Passengers and their bag­ o u t O ral H e a r in g I s R equested gage, and express and mail, in the same line Street, Baton Rouge, La. Appli­ m o t o r carriers o f p r o p e r t y cant’s attorney: Harold R. Ainsworth, vehicle with passengers, between Okla­ National Bank of Commerce Building, homa City, Okla., and Maysville, Okla., No. MC 112668 (Sub No. 14), filed De­ New Orleans 12, La. For authority to over Oklahoma Highway 74, serving all cember 19, 1957, HARVEY R. SHIPLEY operate as a common carrier, over ir­ intermediate points, including Purcell, AND SONS, INC., R. F. D. No. 1, Finks- regular routes, transporting: House Okla., and the off-route points of Nor­ burg, Md. Applicant’s attorney: Donald trailers, between points in Louisiana, on man and Washington, Okla., and also E. Freeman, Uniontown Road, 24, West- Wednesday, January 1, 1958 FEDERAL REGISTER 41

minster, Md. For authority to operate Wis., and for acquisition by FRED J. (a) Statements in support of petition as a common carrier, over irregular SCHWERMAN, FRED SCHWERMAN, and in justification of proposed tariffs: routes, transporting: Salt, in bulk, in SR., RICHARD D. SCHWERMAN and An original and 24 copies of statements special equipment, from Retsof, N. Y., to CARL L. SCHWERMAN, all of Milwau­ in support of the petition shall be fur­ points in Maryland (except Baltimore). kee, of control of such rights and prop­ nished to the Commission, and a copy Applicant is authorized to transport salt, erty through the purchase. Applicants’ served upon each party of record in Ex in bulk, from Retsof, N. Y., to Baltimore, attorney: Adolph E. Solie, 715 First Na­ Parte No. 206, and one copy of such veri­ Md. . tional Bank Building, Madison 3, Wis. fied statements shall be sent by first-class A pplications U nder S e c t io n s 5 and Operating rights sought to be trans­ mail to each of the Regional Offices of 210a (b) ferred: Petroleum products, in bulk, in the Commission where it will be open to tank vehicles, as a contract carrier over public inspection. A list of the addresses The following applications are gov­ irregular routes, from Lemont and Lock- of the Regional Offices and Regional erned by the Interstate Commerce Com­ port, 111., and points in the Chicago, 111., Managers is set forth below. Such state­ mission’s Special Rules governing notice Commercial Zone, to points in specified ments must be filed on or before Janu­ of filing of applications by motor carriers counties in Wisconsin, from points in ary 3, 1958. of property or passengers under section the Chicago, 111., Commercial Zone, and (b) Statements not in support of peti­ 5 (2) and 210a (b) of the Interstate Lemont and Lockport, 111., to points in tion and of the proposed tariffs: An Commerce Act and certain other proce­ specified counties in Wisconsin, and from original and 24 copies of statements in dural matters with respect thereto (49 Rochelle, 111., and points within two miles opposition to the petition, or not in sup­ CFR 1.240). thereof, and Rockford, 111., to points in port of the petition, shall be furnished to MOTOR CARRIERS OF PROPERTY specified counties in Wisconsin. Vendee the Commission, and 25 copies shall be is authorized to operate as a contract furnished to Mr. Edward A. Kaier, 1036 No. MC-F 6790. Authority sought for carrier in Indiana, Illinois, and Wiscon­ Transportation Building, Washington, purchase by DAILY MOTOR EXPRESS, sin. Application has been filed for tem­ D. C., for the railroads. One copy of such INC., Pitt and Penn Streets, Carlisle, Pa., porary authority under section 210a (b ). statements shall be sent by first-class of a portion of the operating rights of By the Commission. mail to each of the Regional Offices of CONTRACTORS TRANSIT, INC., 3770 the Commission where it will be open to Grant Street, Gary, Ind., and for acqui­ [ s e a l ] H arold D. M cC o y , public inspection. These statements sition by URIE D. LUTZ, HELEN B. Secretary. must be filed on or before January 20, LUTZ, and D. E. LUTZ, all of Carlisle, 1958. A copy shall be furnished to any of control of such rights through the [F. R. Doc. 57-10895; Filed, Dec. 31, 1957; 8:45 a. m.] interested person upon request. State­ purchase. Applicants’ attorney: James ments should specify the particular or­ E. Wilson, 716 Perpetual Building, 1111 der or orders of the Commission the E Street NW., Washington, D. C. Op­ modification of which is objected to, and erating rights sought to be transferred: [Ex Parte No. 212] the reasons therefor. Building contractors’ equipment, as a (c) Statements in reply: Statements I ncreased F r e ig h t R ates, 1958 common carrier over irregular routes, in reply must be filed on or before Jan­ between certain points in Indiana, on the At a general session of the Interstate uary 28, 1958, and an original and 24 one hand, and, on the other, Louisville, Commerce Commission held at its office copies must be furnished to the Com­ Ky., and points in Illinois and Ohio. in Washington, D. C., on the 27th day mission. The person whose verified Vendee is authorized to operate as a of December A. D., 1957. statement is being replied to shall be common carrier in all States in the It appearing that on December 23, served with a copy of the reply by first- United States and the District of Co­ 1957, substantially all of the Class I rail­ class mail, and a copy of each verified lumbia. Application has not been filed roads and many other railroads filed reply statement shall be sent to each of for temporary authority under section schedules of increased freight rates and the Regional Offices of the Commission 210a (b). charges under authority of section 6 of where it will be open to public inspec­ No. MC-F 6791. Authority sought for the Interstate Commerce Act and Spe­ tion. A copy shall be furnished to any purchase by J. H. MARKS TRUCKING cial Permission Order No. 75100 issued interested party upon request. CO., INC., 2404 East Eighth Street by the Commission, said tariff schedules (d) Oral argument: An oral argu­ (P. O. Box 2192), Odessa, Tex., of the to become effective February 1,1958, sub­ ment will be held before the Commission operating rights of DALE TRUCK LINE, ject to possible investigation and sus­ at its offices in Washington, D. C., begin­ INC., 6021 Calhoun Road (P. O. Box pension by the Commission as provided ning at 10:00 o’clock a. m., January 29, 14134), Houston, Tex., and for acquisi­ by the Interstate Commerce Act; 1958. Any person desiring to participate tion by J. H. MARKS, also of Odessa, of It further appearing that on Decem­ in oral argument should request an allot­ control of such rights through the pur­ ber 23, 1957, the above railroads filed a ment of time as provided by the Commis­ chase. Applicants’ attorney: Herbert petition requesting the issuance of or­ sion’s general rules of practice. The L. Smith, 401 Perry Brooks Building, ders granting relief from others out­ oral argument will include the issues of Austin, Tex. Operating rights sought to standing in previous cases, for relief whether to grant the relief requested in be transferred: Machinery, materials, from section 4 of the act, and for all the ahove-referred-to petition, and supplies, and equipment, incidental to, or other relief necessary to permit the whether to suspend the proposed tariff used in, the construction, development, aforesaid schedules to go into effect schedules in whole or in part. operation, and maintenance of facilities without suspension but subject to the (e) Protests agajnst the proposed for the discovery, development, and pro­ condition that refund be made in the duction of natural gas and petroleum, as tariff schedules may also be filed as pro­ event that, after full investigation, no vided by Rule 1.42 of the Commission’s a common carrier over irregular routes, increase or a lesser increase than that between points in Louisiana and Texas. general rules of practice. Such protests set forth in the schedules is allowed with Vendee is authorized to operate as a need not be in the form of affidavits. It respect to particular rates; and also ask­ common carrier in New Mexico, Okla­ is requested that 25 copies of such pro­ ing that the Commission grant all finkl homa, Texas, Colorado, Utah, Montana, tests be furnished to Mr. Edward 'A. relief, after complete investigation, nec­ Wyoming, apd Arizona. Application Kaier, 1036 Transportation Building, has been filed for temporary authority essary to the changing of the aforesaid Washington, D. C., for the railroads. under section 210a (b). increased rates and charges; And it is further ordered, That a copy I t is ordered, That under section 4 of No. MC-F 6792. Authority sought for of this order be filed with the Director, the Administrative Procedure Act (5 Division of the Federal Register, for pub­ Purchase by SCHWERMAN TRUCKING U. S. C. 1003), sections 4, 6, 15, and 15a CO., 620 South 29th Street, Milwaukee lication in the F ederal R egister as no­ of the Interstate Commerce Act (49 tice to interested parties. ■ ?'> Wis., of a portion of the operating U. S. C. 4, 6, 15, and 15a) any person rights and certain property of BARRY may submit statements properly veri­ By the Commission. TRANSFER & STORAGE COMPANY, fied, with or without exhibits attached, Ts e a l] H arold D. M cC o y , 33 North Jefferson Street, Milwaukee 2, in the following manner; Secretary. No. i— « 42 NOTICES

A p p e n d ix A— I n t e r s t a t e Co m m e r c e REGION 6 In charge: H. Joseph Simmons, Regional C o m m is s io n R e g io n a l Off ic e s Manager. Territory: Georgia, Florida, Alabama, REGION 11 r e g io n 1 North Carolina, South Carolina. Not active. Headquarters: Atlanta 8, Ga., 680 West Territory: Maine, New Hampshire, Ver­ Peachtree Street, NW. REGION 12 mont, Rhode Island, Massachusetts. In charge: William Addams, Regional Headquarters: Boston 9, Mass., 14-17 Court Territory: Texas, Oklahoma, Arkansas, Manager. Square, 11th Floor. Louisiana. REGION 7 In charge: George R. Nuzum, Regional Headquarters: Fort Worth 2, Tex., 816 Manager. T & P Building. Territory: Kentucky, Tennessee, Missis­ In charge: Bernard H. English, Regional REGION 2 sippi. Manager. Territory: New York, New Jersey, Con­ Headquarters: Nashville 3, Tenn., Room REGION 13 701, U. S. Court House, 801 Broadway. necticut. Territory: Wyoming, Colorado, New Mex­ Headquarters: New York 13, N. Y., Room In charge: E. S. Craig, Regional Manager. ico, Utah, Montana. 1111, 346 Broadway. r e g io n 8 • In charge: Thomas L. McClelland, Re­ Headquarters: 502 Denham Building, Den­ ver 2, Colo. gional Manager. Territory: Indiana, Illinois, Michigan. In charge: Bert L. Penn, Regional Man­ REGION 3 Headquarters: Chicago 7, 111., 852 U. S. ager. Territory: Eastern Pennsylvania, Mary­ Custom House Building, 610 South Canal REGION 14 land, Delaware, District of Columbia, Vir- Street. «% . In charge: Harry P. Raymond, Regional Not active. vinia. REGION IS Headquarters: Philadelphia 6, Pa., 800 U. S. Manager. Custom House Building, Second and Chest­ REGION 9 Territory: Oregon, Washington, Idaho. Headquarters: Portland 5, Oreg., 538 Pit- nut Street. Territory: Wisconsin, Minnesota, North In charge: T. G. Reynolds, Regional Man­ tock Block, 921 SW. Washington Street. Dakota, South Dakota. In charge: Frank E. Landsburg, Regional ager. Headquarters: Minneapolis, Minn., 618 Manager. REGION 4 Metropolitan Building, Second Avenue South REGION 16 Territory: Western Pennsylvania, Ohio, and Third Street. West Virginia. In charge: W. E. Hustleby, Regional Man­ Territory: Arizona, California, Nevada. Headquarters: Columbus 15, Ohio, 236 ager. Headquarters: San Francisco 5, Calif., 602 New Post Office Building (85 Marconi Boule­ REGION 10 Sheldon Building, 461 Market Street. vard). In charge: Dean F. Noble, Regional Man­ In charge: Roy M. Snetzer, Regional Man­ Territory: Iowa, Missouri, Nebraska, Kan­ ager. ager. sas. REGION 8 Headquarters: Kansas City 6, Mo., 1100 [F. R. Doc. 57-10905; Filed, Ded. 31, 1957; Not active. Federal Office Building, 911 W alnut Street. 8:47 a. m.]