^ X ö N A L ^ ^

VOLUME 23 ' y * , '9 3 4 ¿ < y C Ü N l T t O ^

Washington, Wednesday, November 26, 1958

TITLE 5— ADMINISTRATIVE (66 Stat. 163) shall have the meanings CONTENTS PERSONNEL ascribed to them in that section and as supplemented, explained, and further de­ Agricultural Marketing Service PaS® Chapter I— Civil Service Commission fined in this chapter. ^ Rules and regulations: (b) The term “act” means the Immi­ Avocados grown in South Flor­ Part 6—Exceptions P rom the gration and Nationality Act (66 Stat. ida; miscellaneous amend­ Competitive Service 163). ments______9126 FEDERAL AVIATION AGENCY (c) The term “Service” means the Immigration and Naturalization Serv­ Agricultural Research Service Effective upon publication in the F ed­ ice. Rules and regulations : eral Register, § 6.364 (a ) is added as set (d) The term “Commissioner” means Entry and interstate movement out below. the Commissioner of Immigration and of plant pests, prevention; correction______9126 § 6.364 Fed era l Aviation Agency. Naturalization. (a) One Legislative Liaison Officer. (e) The term “Board” means the Agriculture Department Board of Immigration Appeals. (R. S. 1753, sec. 2, 22 Stat. 403, as amended; See Agricultural Marketing Serv­ 5 U. S. C. 631, 633) (f) The term “attorney” means any ice; Agricultural Research Serv­ person who is a member in good standing ice. U nited States Civil Serv­ of the bar of the Supreme Court of the Civil Aeronautics Administra­ ice Commission, United States or of the highest court [ seal] W m . C. H u l l , of any State, territory, insular posses­ tion Executive Assistant. sion, or the District of Columbia, and is Proposed rule making: Technical standard orders for [P. R. Doc. 58-9790; Piled, Nov. 25, 1958; not under any order of any court sus­ 8:49 a. m ] pending, enjoining, restraining, disbar­ aircraft materials, parts, ring, or otherwise restricting him in the processes, and appliances; life practice of law. preservers-______9144 TITLE 8— ALIENS AND (g) Unless the context otherwise re­ Rules and regulations: Civil airways, designation; al­ NATIONALITY quires, the term “case” means any pro­ ceeding arising under any immigration terations______9126 Chapter I— Immigration and Natural­ law. Executive order, or Presidential Continental control area, con­ proclamation, except that for the pur­ trol areas, control zones, re­ ization Service, Department of porting points, and positive poses of Part 292 of this chaptef, -a pro­ Justice control route segments, desig­ ceeding under Part 332 of this chapter nation; alterations______9131 Miscellaneous Amendments to Chapter shall not be regarded as a case. Restricted areas; miscellane­ (h) The term “day” when computing ' ’ Chapter I of Title 8 of the Code of ous amendments______9134 the period of time for taking any action Federal Regulations is amended as in- provided in this chapter, including the Civil Aeronautics Board dicatecL. below. The purposes of the taking of an appeal, shall include Sun­ Notices: amendments are: (1) To effect a re­ days and legal holidays, except that when Pacific Northwest-Hawaii re­ arrangement of portions of the regula­ newal case; postponement of tions now contained in Chapter I, and the last day of the period so computed hearing------%------9146 (2) to make desired changes in the form falls on a Sunday or a legal holiday, the period shall run until the end of and language of the regulations without Xivil Service Commission the next day which is neither a Sunday material change in substance. Except Rules and regulations: nor a legal holiday. as to Part 6 and the first section of Federal Aviation Agency; ex­ (i) The term “practice” means the Part 9, which are, in effect, re-prescribed ceptions from competitive act or acts of an attorney or representa­ ay this order as Parts 3 and 2, respec- service______9115 tive in appearing in any case, either in tively, the substance of the parts re- person or through the filing of a brief Commerce Department oked by this order is re-prescribed as or other document, paper, application; See Civil Aeronautics Administra­ Portions of Chapter I by the order of the or petition on behalf of a client before tion. commissioner of Immigration and N a t- an officer of the Service or the Board. Defense Department herew^th*11 simultaneously (j) The term “representative” means See Navy Department a person representing a religious, chari­ 1. A new Part 1 is prescribed to read Federal Communications Com­ as follows: table, social-service, or similar organiza­ tion established in the United States and mission Part 1—D efinitions recognized as such by the Board, or a Notices: person described in § 292.1 (b), (d), or Hearings, etc. : ^ V Definitions. As used in this Central W. Va. Service Corp. chapter: (h) of this chapter.. (WHAW) and Clarksburg/ (Sec. 103, 66 Stat. 173; 8 U. S. C. 1103) of tv? The terms defined in section 101 Broadcasting Corp/ 1 ine_ Immigration and Nationality Act (Continued on p. 9117) (W P D X ) ______9149 9115 9116 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Immigration and Naturaliza- Pa£e FEDERAL®REGSSTEIÌ mission— Continued tion Service V , '»34 v j r Rules and regulations : owno^ Notices— Continued Hearings, etc.— Continued Miscellaneous amendments to Falcon Broadcasting Co. and chapter (2 documents)— 9115,9119 Sierra Madre Broadcasting Interior Department Published daily, except Sundays, Mondays, Co______— ______9149 and days following official Federal holidays, See also Fish and Wildlife Service; by the Federal Register Division, National Jeannette Broadcasting Co. Land Management Bureau. Archives and Records Service, General Serv­ and Carnetie Broadcasting - Notices: ices Administration, pursuant to the au­ Co______- ______9149 San Diego aqueduct, transfer of thority contained in the Federal Register Act, Musical Heights, Inc------— 9147 jurisdiction and administra­ approved July 26, 1935 (49 Stat. 500, as Northwest Video et al— --- 9147 tion of contract______9146 amended; 44 U. S. C., ch. 8 B ), under regula­ Radio KYNO, the Voice of Interstate Commerce Commis- tions prescribed by the Administrative Com­ Fresno 91 9 ______9122 Chaconas, Nick J., et al______9146 of hearing-______— 9144 9122 Community Telecasting Corp. Tewaukon National Wildlife 9123 et al______9146 Refuge, North Dakota; (fish­ 9123 Crabb, Robert C., et al______U149 ing ...... — 9143 Wednesday y Novem ber 26, 1958 FEDERAL REGISTER 9117

CONTENTS— Continued 3. A new Part 3 is prescribed to readconferred upon the Attorney General by as follows: law as is appropriate and necessary for the disposition of the case, except that Title 8— Continued Pa8® P art 3—B oard of I mmigration Appeals Chapter I— Continued the Board shall have no authority to Sec. Part 231______9123 consider or determine 'the manner in 3.1 Board of Immigration Appeals; or­ which, or at. whose expense, or to which Part 235______— 9123 ganization, jurisdiction, and powers. Part 235a____ -— ______9123 3.2 Reopening or reconsideration, country, an alien shall be deported. Part 236— ______9123 3.3 Notice of appeal. (2 ) Finality of decision. The deci­ ' Part 242______: ______9123 3.4 Withdrawal of appeal. sion of the Board shall be final except in Part 243______9123 3.5 Forwarding of record on appeal. those cases reviewed by the Attorney Part 245______1 - ...... 9124 3.6 Stay of execution of decision. General in accordance with paragraph Part 245a______9124 3.7 Notice of certification. (h ) of this section. The Board may 3.8 Motion to reopen or motion to recon­ return a case to the -Service for such Part 246-T______9124 sider. Part 247______9124 further action as may be appropriate, Part 248____ 9124 Au th o r ity: §§3.1 to 3.8 issued under sec. without entering a final decision on the Part 249______9124 103, 66 Stat. 173; 8 U. S. C. 1103, sec. 2, Reorg. merits of the case. * Plan No. 2 of 1950, 15 F. R. 3173, 3 CFR, (3) Rules of practice; discipline of at­ Part 251______9124 1950 Supp. Interpret or apply sec. 292, 66 Part 252______9124 Stat. 235; 8 IT. S. C. 1362. torneys and representatives. The Board Part 280______;______9124 shall have authority, with the approval Part 292______: :______9124 § 3.1 Board of Immigration Appeals— of the Attorney General, to prescribe Part 299______9125 (a ) Organization. There shall be in the rules governing proceedings before it. Part 316a______9125 Department of Justice a Board of Im­ It shall also determine whether any or­ Part 339______9125 migration Appeals, which shall be under ganization desiring representation is of a Part 341______9125 the supervision and direction of the At­ kind described in § 1.1 (j ) of this chap­ Part 342______;___ 9125 torney General and shall be responsible ter, and shall regulate the conduct of, Part 343___ 9125 solely to-him. The Board shall consist and may disbar for cause, attorneys, Part 343a______9125 of a chairman and four other members representatives of organizations, and Part 343b______9126 and shall have attached to it an execu­ others who appear in a representative Part 344a______9126 tive assistant-chief examiner who shall capacity before the Board or the Service. Part 499______9126 have authority to act as an alternate (e) Oral argument. Oral argument Title 14 member. It shall also have attached to shall be heard by the Board, upon re­ it such number of attorneys and other quest, in any case over which the Board Chapter II: employees as the Attorney General, upon acquires jurisdiction by appeal or certi­ Part 514 (proposed)______9144 recommendation of the Board, shall fication as provided in this part. __ If an Part 600______9126 from time to time direet. In the absence appeal has been taken, request for oral Part 601______9131 of the Chairman, a member designated argument, if desired, shall be included Part 608______,____ 9134 by him shall act as chairman. in the Notice of Appeal. The Board Title 32 (b ) Appellate jurisdiction. Appeals shall have authority to fix any date or Chapter V I: shall lie to the Board of Immigration change any date upon which oral argu­ Part 753______:____ _ 9135 Appeals from the following: ment is to be heard. The Service may Title 47 (1) Decisions of special inquiry of­ be represented in argument before the Chapter I: ficers in exclusion cases, as provided in Board by an officer of the Service desig­ Part 1__.______9136 Part 236 of this chapter. nated by the Commissioner. The Board Part 3__1______9141 (2) Decisions of special inquiry officers shall convene for the purpose of hearing Part 4— ______9141 in deportation cases, as provided in Part oral argument at its office in W ashing­ Part9______:___;____ _ 9142 242 of this chapter. ton, D. C., at 2:00 p. m., or such other Part 19______r ______9143 (3) Decisions on applications for the time as it may designate pn every day Part 31 (proposed)— '.______9144 exercise of the discretionary authority except Saturdays, Sundays, and legal Part 64______9136 contained in section 212 (c> of the act, holidays. Title 50 as provided in Part 212 of this chapter. ( f ) Service of Board decisions. The (4) Decisions involving administra­ decision of the Board shall be in writ­ Chapter I: tive fines and penalties, including miti­ ing and copies thereof shall be trans­ Part 33 (proposed) ______9143 gation thereof, as provided in Part 280 mitted by the Board to the Service and Parts 101-115 (proposed)______9144 of this chapter. a copy shall be served upon the alien or (5) Decisions on petitions filed in ac­ party affected as provided in Part 292 of 2. A new Part 2 is prescribed to readcordance with section 205 of the act or this chapter. as follows : decisions revoking the approval of such (g ) Decisions of the Board as •prece­ petitions in accordance with section 206 dents. Except as they may be modified Part 2— A u t h o r it y of t h e C ommissioner of the act, as provided in Parts 205 and or overruled by the Board or the At­ § 2.1 Authority of the Commissioner. 206, respectively, of this chapter. torney General, decisions of the Board Without divesting the Attorney General ( 6) Decisions on applications for the shall be binding on all officers and em­ of any of his powers, privileges, or duties exercise of the discretionary authority ployees of the Service in the administra­ under the immigration and naturaliza­ contained in sectioh 212 (d ) ( 3) of the tion of the act, and selected decisions tion laws, and except as to the Board, act as provided in Part 212 of this designated by the Board shall serve as there is delegated to the Commissioner chapter. precedents in all proceedings involving the authority of the Attorney General (7) Determinations relating to bond, the same issue or.issues. to direct the administration of the Serv­ parole, or detention of an alien as pro­ (h ) Referral of cases to the Attorney ice and to enforce the act and all other vided in Part 242 of this chapter. General. (I) The Board shall refer to laws relating to the immigration and (c) Jurisdiction by certification. The the Attorney General for review of its Commissioner, or any other duly author­ naturalization of aliens. The Commis­ decision all cases which: ized officer of the Service, or the Board (i) The Attorney General directs the sioner may issue regulations as deemed may in any case arising under paragraph Board to refer to him. necessary or appropriate for the exercise (b) of this section require certification (ii) The Chairman or a majority of ut any authority delegated to him by the of such case to the Board. the Board believes should be referred to Attorney General, and may redelegate (d ) Powers of the Board— (1) G en ­ the Attorney General for review. ;any such authority to any other officer or erally. Subject to any specific limita­ (iii) The Commissioner requests be employee of the Service. tion prescribed by this chapter, in con­ referred to the Attorney General for re­ f c * » . 66 Stat. 176; 8 U. S. C. 1103, Reorg. sidering and determining cases before it view. o, No- 2 of 1950, 15 F. R. 3173, 3 CFR, 1950 as provided in this part the Board shall (2) In any case in which the Attorney &Upp.) - ' exercise such discretion and authority General reviews the decision of the 9118 RULES AND REGULATIONS

Board, the decision of the Attorney Gen­ shall request permission to prosecute the required. I f it is not known until after eral shall be stated in writing and shall appeal or motion without prepayment of the initial decision is made that the case be transmitted to the Board for trans­ such fee. When such an affidavit is filed will be certified, the officer of the Service mittal and service as provided in para­ with the officer of the Service from whose having administrative jurisdiction over graph (f)^of this section. decision the appeal is taken or-with re­ the case shall cause a Notice of Certifica­ spect to whose decision the motion is tion (Form I-290C) to be served upon § 3.2 Reopening or reconsideration. addressed, such officer ^hall, if he be­ the party affected. In either case the The Board may on its own motion reopen lieves that the appeal or motion is not notice shall inform the party affected or reconsider any case in which it has taken or made in good faith, certify in that the case is required to be certified rendered a decision. Reconsideration or writing his reasons for such belief for to the Board and that he has the right to reopening of any case in which a de­ consideration by the Board. The Board make representation before the Board, cision has been made _by the Board, may, in its discretion, authorize the pros­ including the making of oral argument whether requested by the Commissioner ecution of any appeal or motion without and the submission of a brief. If the or any other duly authorized officer of prepayment of fee. party affected desires to submit a brief, the Service, or by the party affected by § 3.4 Withdrawal of appeal. In any it shall be submitted to the officer of the the decision, shall be only upon written Service having administrative jurisdic­ motion to the Board. A motion to re­ case in which an appeal has been taken, the party taking the appeal may file a tion over the case for transmittal to the open or a motion to reconsider shall not Board within ten days from the date of written withdrawal thereof with the offi­ be made by or in behalf of a person who receipt of the notice of certification, un­ cer with whom the notice of appeal was is the subject of deportation proceedings less for good caaise shown such officer filed. If the record in the case has not subsequent to his departure from the or the Board extends the time within been forwarded to the Board on appeal United Slates. Any departure from the which the brief may be submitted. The in accordance with § 3.5 the decision United States of a person who is the sub­ case shall be certified and forwarded to made in the case shall be final to the ject of deportation proceedings occurring the Board by the bfficer of the Service same extent as though no appeal had after the making of a motion to reopen having administrative jurisdiction over been taken. If the record has been for­ or a motion to reconsider shall constitute the case upon receipt of the brief, or warded on appeal, the withdrawal of the a withdrawal of such motion. For the upon the expiration of the time within appeal shall be forwarded to the Board purpose of this section, any final de­ which the brief may be submitted, or and, if no decision in the case has been cision made by the Commissioner prior upon receipt of a written waiver of the made on the appeal, the record shall be to the effective date of the act with re­ right to submit a brief. spect to any case within the classes of returned, and the initial decision shall cases enumerated in § 3.1 (b) (1), (2) , be final to the same extent as though no § 3.8 Motion to reopen or motioiu.to (3), (4), or (5) shall be regarded as a appeal had been taken. If a decision on reconsider— (a ) Form. Motions to re­ decision of the Board. the appeal shall have been made by the open and motions to reconsider shall Board in the case, further action shall be submitted in triplicate. A request § 3.3. Notice of appeal, (a) A party be taken in accordance therewith. De­ for oral argument, if desired, shall affected by a decision who is entitled un­ parture from the United States of a be incorporated iff the motion. The der this chapter to appeal to the Board person who is the subject of deportation Board in its discretion may grant shall be given notice of his right to proceedings subsequent to the taking of or deny oral, argument. Motions to appeal. An appeal shall be taken by fil­ an appeal but prior to a decision thereon reopen shall state the new facts to be ing Notice of Appeal, Form I-290A, in shall constitute a withdrawal of the ap­ proved at the reopened hearing and shall triplicate, with the officer of the Service peal, and the initial decision in the case be supported by affidavits or other having administrative jurisdiction over shall be final to the same extent as evidentiary material. Motions to re­ the case, within the time specified in the though no appeal had been taken. consider shall state the reasons upon governing sections of this chapter. The which the motion is based and shall be Commissioner, or any other duly author­ § 3.5 Forwarding of record on appeal. supported by such precedent decisions ized officer of the Service, or the Board, If an appeal is taken from a decision, as as are pertinent. In any case in which in his or its discretion, for good cause provided in this chapter, the entire a deportation order is in effect, there shown, may extend the time within record of the proceeding shall be for­ shall be included in the motion to reopen which to submit a brief in support of warded to the Board by the officer of the or reconsider such order a statement by such appeal. The certification of a case Service having administrative jurisdic­ or on behalf of the moving party declar­ as provided in this part shall not relieve tion over the case upon timely receipt of ing whether the subject of the deporta­ the party affected from compliance with the brief in support of the appeal, or tion order is also the sübject of any pend­ the provisions of this section in the event upon expiration of the time allowed for ing criminal proceeding under section 242 that he is entitled, and desires, to appeal the submission of the brief. (e ) of the act, and, if so, the current from an initial decision, nor shall it § 3.6 Stay of execution of decision. status of that proceeding. If the motion serve to extend the time specified in the The decision in any proceeding under to reopen or reconsider is for the pur­ applicable parts of this chapter for the this chapter from which an appeal to pose of seeking discretionary relief, there taking of an appeal. Departure from the Board may be taken shall not be shall be included in the motion a state­ the United States of a person under de­ executed during the time allowed for ment by or on behalf of the moving portation proceedings prior to the tak­ the filing of an appeal unless a waiver of party declaring whether the alien for ing of an appeal from a decision in his the right to appeal is filed, nor shall such whose relief the motion is filed is subject . case shall constitute a waiver of his right decision be executed while an appeal is to any pending criminal prosecution ana, to appeal. pending or while a case is before the if so, the nature and current status ox (b ) Fees. Except as otherwise pro­Board by way of certification. that prosecution. The filing of a motion vided in this section, a notice of appeal or to reopen or a motion to reconsider sna a motion filed under this part by any § 3.7 Notice of certification. W h en ­ not serve to stay the execution of any person other than an officer of the Serv­ ever in accordance with the provisions decision made in the case. Execution ice shall be accompanied by the appro­ of § 3.1 (c) a case is required to be cer­ of such decision shall proceed unless priate fee specified by, and remitted in tified to the Board, the alien or other stay of execution is specifically ^ anrL accordance with, the provisions of § 103.7 party affected shall be given notice of by the Board or the officer of the Ser i of this chapter. In any case in which an certification. A case shall be certified having administrative jurisdiction o only after an initial decision has been alien or other party affected is unable to he case» ««or« pay the fee fixed for an appeal or a mo­ made and before an appeal has been (b ) Distribution of motion paper» tion, he shall file with the notice of ap­ taken. If it is known at the time the ohen dlien is moving party. In an^ ,. n peal or the motion his affidavit stating initial decision is made that the case will n which a motion to reopen or a mot the nature of the motion or appeal, his be certified, thè notice of certification o reconsider is made by the a^ f belief that he is entitled to redress, and shall be included in such decision and no >ther party affected, the three cop his inability to pay the required fee, and further notice of certification shall be ;he motion oaoers shall be submitt Wednesday, N ovem ber 26, 1958 FEDERAL REGISTER 9119

the officer of the Service having admin­ of Immigration and Naturalization in an the United States prior to July 1, 1924, istrative jurisdiction over the place where order published simultaneously herewith. provided that a record of his admission the proceedings were conducted. Such Dated: November 18, 1958. exists. officer shall retain one copy, forward one (e ) Chinese and Japanese aliens— (1) copy to the officer of the Service who W illiam P. R ogers, Prior to July 1, 1924. A Chinese alien made the initial decision in the case, and Attorney General. for whom there exists a record of his , submit the third copy with the case to Recommended: November 14, 1958. admission to the United States prior to the Board. . July i, 1924, under the laws and regula­ (c) Distribution of motion papers when J. M. Sw in g , tions formerly applicable to Chinese and the Commissioner, or any other duly Commissioner of Immigration who establishes that at the time of his authorized officer of the Service is the and Naturalization. admission he was a merchant, teacher, moving party. Whenever a motion to Recommended: November 14,1958. or student, and his son or daughter under reopen or a motion to reconsider is made 21 or wife accompanying or following T hos. G . F inucane, by the Commissioner or any other duly to join him; a traveler for curiosity or Chairman, authorized officer of the Service, he shall pleasure and his accompanying son or Board of Immigration Appeals. cause one copy of the motion to lie served daughter under 21 or accompanying upon the alien or party affected, as pro­ [F. R. DOC. 58-9798; Filed, Nov. 25, 1958; wife; a wife of a United States citizen; vided in Part 292 of this chapter, and 8:51 a. m.] a returning laborer; and a person er­ shall cause the record in the case and roneously admitted as a United States one copy of the motion to be filed directly citizen under section 1993 of the Revised with the Board, together with proof of Statutes of the United States, as service upon the alien or other party M iscellaneous A mendments to Chapter amended, his father not having resided affected. Such alien or party shall have in the United States prior to his birth. a period of ten days from the date of The following amendments to Chapter I of Title 8 of the Code of Federal Regu­ (2) On or after July 1, 1924. A service upon him of the motion within Chinese alien for whom there exists a which he may, if he so desires, submit a lations are hereby prescribed: Subchapter B— Immigration Regula­ record of his admission to the United brief in opposition to the motion. If States as a member of one of the follow­ such a brief is submitted, two copies tions is amended by adding Parts 101 and 103 to read as follows: ing classes, and who establishes that he thereof shall be filed directly with the was, at that timé, an alien readmitted Board and one copy directly with the P art 101— P resumption of L awful between July 1, 1924, and December 16, Commissioner. The Board, in its discre­ A dmission 1943, inclusive, as a returning Chinese tion, for good cause shown may extend § 101.1 Presumption o f lawful admis­ laborer who acquired lawful permanent the time within which such brief may be residence prior to July 1, 1924; a person submitted. sion. A member of the following classes shall be presumed to have been lawfully erroneously admitted between July 1, (d) Ruling on motion. Rulings upon admitted for permanent residence even 1924, and June 6, 1927, inclusive, as a motions to reopen or motions to recon­ though a record of his admission cannot United States citizen under section 1993 sider shall be by written order. If the be found, except as otherwise provided in of the Revised Statutes of the United order directs a reopening, the record this section, unless he abandoned his States, as amended, his father not having shall be returned to the officer of the lawful permanent resident status or sub­ resided in the United States prior to his Service having administrative jurisdic­ sequently lost that status by operation of birth; an alien admitted at any time tion over the place where the reopened law ; after June 30, 1924, under section 4 (b) proceedings are to be conducted. If the (a ) Prior to June 30, 1906. A n alien or (d) of the Immigration Act of 1924; motion to reconsider is granted, the de­ who establishes that he entered the an alien wife admitted between June 13, cision upon such reconsideration shall United States prior to June 30, 1906. 1930, and December 16, 1943, inclusive, affirm, modify, or reverse the original (b ) United States land borders. A n and after August 9, 1946, under section decision made in the case. alien who establishes that, while a citi­ 4 (a) of the Immigration Act of 1924; 4- The following-designated Parts of zen of Canada or Newfoundland, he en­ an alien admitted on or after. December Chapter I are revoked: Part J— General; tered the United States across the Ca­ 17,1943, under section 4 ( f ) of the Im m i­ Part 2—Service Records: Pees; Part 3— nadian border prior to October 1, 1906; gration Act of 1924; an alien admitted on Immigration Bonds; P art 4— Law ful A d - an alien whor establishes that while a or after December 17,1943, under section ndssion for Permanent Residence :'Spe- citizen of Mexico he entered the United 317 (c) of the Nationality Act of 1940, ctal Classes; W hen Presumed; Part 5— States across the Mexican border prior as amended; an alien admitted on or Revocation of Certificates, Documents, to July 1, 1908; an alien who establishes after December 17, 1943, as a preference or Records Issued or Made by Adminis­ that, while a citizen of Mexico, he en­ or nonpreference quota immigrant trative Officers; Part 6— Board of Immi­ tered the United States at the port of pursuant to section 2 of that act; and gration Appeals: Appeals; Reopening Presidio, Texas, prior to October 21,1918; a Chinese or Japanese alien admitted to and Reconsideration; Part 7— Regional and an alien for whom a record of his the United States between July 1, 1924, Commissioners: Appeals; P art 8— R e- actual admission to the United States and December 23, 1952, both dates in­ ant* -^econsideration; Part 9— does not exist blit who establishes that clusive, as the wife or minor son or Authority of Commissioner, Regional he gained admission to the United States daughter of a treaty merchant admitted commissioners, and Assistant Commis- prior to ^ July 1, 1924, pursuant to pre- before July 1, 1924, if the husband- loners; Part 10— Formal Applications examination at a United States im m igra­ father was lawfully admitted to the and Petitions. _ tion station in Canada and that a record United States as a treaty merchant th^lS 0rc^ r shall become effective on of such preexamination exists. before July 1,1924, or, while maintaining e date of its publication in the Fédéral (c) Virgin Islands. An alien who es­ another status under which he was gister. Compliance with the provi­ tablishes that he entered the Virgin admitted before that date, had his s o s of section 4 of the Administrative Islands of the United States prior to July status changed to that of a treaty mer­ chant or treaty trader after that date, iA^edure Act (60 stat< 238 > 5 U. S. C. 1, 1938, even though a record of his 3) as to notice of proposed rule mak- admission prior to that date exists as - and was maintaining the changed status at the time his wife or minor son- oc g and delayed effective date is unnec- a non-immigrant under the Immigration Act of 1924. daughter entered the United States. i ,ary *n this instance because the regu- ( f ) Citizens of the Philippine Islands—« (d ) Asiatic barred zone. An alien who efSfs Prescribed by this order are, in (1) Entry prior to May 1, 1934. A n k t. a re-statement of existing regula- establishes that he is of a race indigenous alien who establishes that he entered the without material change in sub- to, and a native of a country within, the Asiatic zone defined in section 3 of the United States prior to May 1, 1934, and and the substance of the parts Act of February 5, 1917, as amended, that he was on the date of his entry a n b t v f this order is to the extent that he was a member of a class of aliens citizen of the Philippine Islands, provided therm, re-prescribed as por- exempted from exclusion by the provi­ that for the purpose of petitioning fon °f Chapter I by the Commissioner sions of that section, and that he entered naturalization he shall not be regarded as; 9120 RULES AND REGULATIONS having been lawfully admitted for per­ apply to ah alien who was exempted from to the following-described officers of the manent residence unless he was a citizen the contract laborer provisions of section Service : of the Commonwealth' of the Philippines 3 of the Immigration Act of February 5, (a ) Associate Commissioner, Opera­ on July 2, 1946. 1917, as amended, through the exercise, tions. All of the operational activities (2) Entry between May 1, 1934, and expressly or impliedly, of the 4th or 9th of the Service. July 3, 1946. An alien who establishes provisos to section 3 of that act. ( 1 ), Deputy Associate Commissioner, that he entered Hawaii between May 1, ( j ) Erroneous admission as UnitedDomestic Control. The operational ac­ 1934, and July 3, 1946, inclusive, under States citizens or as children of citizens. tivities of the Service relating to in­ the provisions, of the last sentence .of An alien for whom there exists a record vestigations and enforcement. section 8 (a) (1) of the Act of March 24, of admission prior to September 11, 1957,

any authorized proceeding in their re­ missioners, and assistant commissioners lateral security to other than the de­ spective districts. within their respective areas of responsi­ positor or his approved attorney in fact, (g) Officers in charge. The super­ bility, may direct that any case or class shall be forwarded to the regional com­ vision of inspection at ports of entries of cases be certified for decision. The missioner for approval. and-the authorizations of extensions of alien or other party affected shall be (c) Violation of conditions; cancella­ nonimmigrant admission periods and of given notice on Form I-290C of such tion. The district director having jur­ voluntary departure prior to the com­ certification and of his right to submit isdiction over the place where the bond mencement of deportation "hearings. a brief within 10 days from receipt of the is retained shall finally determine Officers in charge outside the United notice. The record of the case shall be whether a bond shall be declared States have the same powers with respect certified and forwarded upon receipt of breached or canceled, and shall notify to petitions and applications submitted the brief, or the expiration of the time the obligors in writing on Form 1-391 by citizens or aliens residing in their within which the brief may be submitted, or Form 1-323 of his decision. respective areas as are conferred on dis­ or upon receipt of a written waiver of the trict directors in the United States and right to submit a brief. § 103.7 Records and fees— (a ) A u­ final appeals from their decisions on thority to release information and § 103.5 Reopening or reconsidera­ applications for waiver of grounds of certify records. The Commissioner, tion— (a ) General. A proceeding pro­ excludability and ineligibility for visas regional commissioners, associate vided for in this chapter may be reopened under the authority of sections 5 and 7 commissioners, deputy associate com­ of the Act of September 11, 1957, are or the decision made therein reconsid­ missioners, assistant commissioners, the ered for proper cause upon motion made vested in the several district directors General Counsel, and district directors by the party affected and granted by the outside the United States. may furnish, upon application therefor, officer who has jurisdiction over the pro­ (h) Special inquiry officers. Follow­ copies of Service records, or information ing selection by the Commissioner, the ceeding or who made the decision. When therefrom, and may certify that any rec­ the alien is the moving party, a motion exercise of the powers and duties spec­ ord is a true copy. The Chief, Records ified in this chapter regarding the con­ to reopen or to reconsider shall be filed Administration and Information in duplicate, accompanied by a support­ duct of exclusion and expulsion hearings. Branch, Central Office, may certify as ing brief, if any, and a fee of $10, with to the nonexistence in the records of the § 103.2 Formal applications and peti­ the district director where the proceed­ Service of an official record. There shall tions. Every formal application or pe­ ing was conducted for transmittal to the be paid in advance for furnishing any tition shall be filed in accordance with officer having jurisdiction. When an person or agency (other than an officer the instructions contained thereon, such officer of the Service is the moving party, or agency of the United States or of any instructions being hereby incorporated a copy of the motion shall be served on State or any subdivision thereof for of­ into the particular section of the regu­ the alien or other party in interest and ficial use) copies of any part of, or in­ lations requiring its submission. A per­ the motion, together with proof of serv­ formation from, the records of the Serv­ son or guardian m ay file on behalf of ice, shall be filed directly with the officer ice, a fee of 25 cents per folio of one a son, daughter, or ward under 14 having jurisdiction. The party opposing hundred words or fraction thereof, with years of age. Any required oath may the motion shall have 10 days from the a minimum fee of 50 cents for any such be administered by an immigration date of service thereof within which service; an additional fee of $1.00 is re­ officer or person generally authorized he may submit a brief, which period may quired for certification under seal. to administer oaths. The decision­ be extended. If the officer who origi­ (b ) Remittances. Fees shall be sub­ rendering Service officer may, in his nally decided the case is unavailable, the mitted with any formal application or discretion, require the submission of ad­ motion may be referred to another offi­ petition prescribed in this chapter and ditional evidence, including blood tests, cer. A motion to reopen shall state the shall be in the amount prescribed by law may require the taking of testimony, and new facts to be proved at the reopened or regulation. When any discretionary may direct the making of any necessary hearing and shall be supported by affida­ relief in exclusion or deportation .pro­ investigation. Any allegations made in vits or other evidentiary material. A ceedings is granted absent an applica­ addition to, or in substitution for, those motion to reconsider shall state the rea­ tion and fee therefor, the district direc­ originally made shall be made under oath sons for reconsideration and shall be tor having jurisdiction over the place and filed in the same manner as the supported by such precedent decisions where the original proceeding was con­ original application or petition or noted as are pertinent. Rulings upon motions ducted shall require the filing of the on the original application or petition to reopen or motions to reconsider shall application and the payment of the fee. and acknowledged under oath thereon. be by .written decision. Every remittance shall be accepted sub­ Formal applications or petitions received ject to collection. A receipt issued by a in any Service office shall be stamped to § 103.6 Immigration bonds— (a ) A c­ Service officer for any such remittance show the time and date of their actual ceptable sureties. Except when cash is shall not be binding if the remittance receipt and shall be regarded as filed deposited pursuant to Part 213 of this is found uncollectible. Fees in the form wnen so stamped unless returned because chapter, only a company holding a cer­ of postage stamps shall not be accepted. they are improperly executed. Foreign tificate from the Secretary of the Treas­ ury under 6 U. S. C. 6-13 as an accepta­ Remittances shall be made payable to language documents submitted shall be ble surety on Federal bonds, or a surety the “Immigration and Naturalization accompanied by certified English trans­ lations. 381 who deposits United States bonds or Service, Department of Justice,” except notes of the class described in 6 U . S, C. that in the case of applicants residing § 103.3 Appeals. When an alien or 15 and Treasury Department regulations in the Virgin Islands of the United other party affected is entitled to appeal issued pursuant thereto and which are States, the remittances shall be made to another Service officer, he shall be not redeemable within one year from the payable to the “Commissioner of Fi­ given written notice that he may appeal date they are offered for deposit is an nance of the Virgin Islands,” and, in uom such decision, and that such appeal acceptable surety. the case of applicants residing in Guam, may be taken within 15 days after the (b ) Extension agreements; consent of the remittances shall be made payable mailing of the notification of decision, surety; collateral security. A district to the “Treasurer, Guam.” ccompanied by a supporting brief and director is authorized to approve a bond ; (c) Additional fees. In addition to fee of $io, by filing Notice of Appeal which is prepared on a form approved by the fees enumerated in sections 281 and 3-~290B, which shall be furnished the Commissioner, a formal agreement 344 of the act, the following fees and th the written notice. For good cause to extension of liability of surety, a re­ charges are prescribed: the time within which the brief, quest for delivery of collateral security For an annual table on “Passenger ay be submitted may be extended. The to a duly appointed and undischarged Travel Reports via Sea and Air”____ $0. 20 Party taking the appeal may, prior to ap- administrator or executor of the estate For set of six annual tables entitled Pe late decision, file a written withdrawal of a deceased depositor, and a power of “Passenger Travel Reports via Sea °f such appeal. attorney executed on Form 1-312 or and Air”______.-______1. 00 For filing application for alien laborer’s Form 1-313. A ll other matters relating permit in lieu of one lost, mutilated, sto l03’4 Certificati°ns- The Commis- to bonds, including a power of attorney or destroyed______1.00 . ^ er; regional commissioners, associate not executed on Form 1-312 or Form For search of arrival record for per­ commissioners, deputy associate com­ 1-313 and a request for delivery of col- ■ sonal benefit______3. 00 9122 RULES AND REGULATIONS

For filing application for alien regis­ P art 205— P e t it io n fo r I m m ig r a n t §212.1 Documentary requirements for tration receipt card in lieu of one S t a t u s as R e la t iv e o f U n it e d S tates nonimmigrants. A valid unexpired visa lost, mutilated, dr destroyed, or in C it iz e n , L a w f u l R e s id e n t A l ie n , or and an unexpired passport, valid for the changed name, or in lied of form E l ig ib l e O r p h a n period set forth in section 212 (a ) (26) other than Form 1-151------..------$5. 00 of the act, shall be presented by each For filing application for permission 1. The last sentence of § 205.1 Petition arriving nonimmigrant alien except that to reapply for excluded or deported is amended to read as follows: “The aliens, aliens who have fallen into the passport validity period for an appli­ petitioner sjiall be notified of the decision cant for admission who is a member of distress and have been removed, and if the petition is denied of the rea­ aliens who have been removed as a class described in section 102 of the alien enemies, or aliens who have sons therefor and of his right to appeal act is not required to extend beyond the been removed at Government ex­ to the Board within 15 days after, the date of his application for admission if pense in lieu of deportation— ------5. 00 mailing of the notification of decision so admitted, and except as otherwise For filing application for certificate of in accordance with the provisions of Part provided in the act, this chapter, and citizenship under section 309 (c ) ---- 5. 00 3 of . this chapter.” for the following classes: For filing application for passport or 2. The last sentence of §,205.2 Eligible visa waiver prior to or at the time orphan is amended to read as follows: 2. The second sentence of § 212.2 Con­ application is made for temporary sent to reapply for admission after de­ admission to the United States------110. 00 “The petitioners shall be notified of the portation, removal, or departure at Gov­ For filing application for visa waiver decision and if the petition is denied of when application is made, for admis­ the reasons therefor and of their right to ernment expense is amended to read as sion as a returning resident------110. 00 appeal in accordance with the provisions follows: “The applicant shall be notified For filing application for passport of Part 103 of this chapter.” of the decision and if the application is waiver prior to or at the time appli­ denied of the reasons therefor and of his cation is made for permanent admis­ P art 206— R e v o c a t io n o f A ppr o va l right to appeal in accordance with the sion______110. 00 o f P e t it io n s provisions of Part 103 of this chapter.” For filing application for section 316 3. The second sentence of § 212.3 Ap­ (b ) or 817 benefits------10. 00 The last sentence of § 206.3 Procedure plications for the exercise of discretion For filing appeal from, or motion to is amended to read as follows: “If upon reopen or reconsider, any decision under section 212 (c) is amended to read under the immigration laws, except reconsideration the approval previously as follows: “The applicant shall be noti­ an Exclusion or deportation proceed­ granted is revoked, the petitioner shall be fied of the decision and if the application ing. (The minimum fee of $10 shall informed of the decision with the reasons is denied of the reasons therefor and of be charged whenever an appeal or therefor and shall have 15 days after the his right to appeal to the Board within motion is filed by or on behalf of two mailing of the notification of decision 15 days after the mailing of the notifica­ or more aliens and all such aliens within which to appeal as provided in' are covered by one decision.)------10.00 tion of decision in accordance with the Part 3 of this chapter if thè petition ini­ provisions of Part 3 of this chapter.” For filing application for waiver of tially was approved for classification grounds for exclusion contained in 4. The fourth sentence of § 212.4 Ap­ section 21& (a ) (14) of the act------10.00 under section 205 of the Act, or as pro­ plications for the exercise of discretion For annual subscription for “Passen­ vided in Part 103 of this chapter if the under section 212 (d ) (3) is amended to ger Travel Reports via Sea and Air”_ 10. 00 petition initially was approved for classi­ read as follows: “The applicant shall be For filing appeal from, or a motion to fication under section 204 or 214 (c) of notified ofi4;he decision and if the appli­ reopen or reconsider, a decision in the Act, and the consular office having an exclusion or deportation proceed­ cation is denied of the reasons therefor jurisdiction over the visa application and of his right to appeal to the Board ing. (The minimum fee of $25 shall shall be notified of the revocation.” be charged whenever an appeal or within 15 days after the mailing of the motion is filed by or on behalf of notification o f . decision in accordance two or more aliens and all such P art 211— D o c u m e n t a r y R equirements : with the provisions of Part 3 of this aliens are covered by one decision.)- 25.00 I m m ig r a n t s ; W aivers cjj jtptcr * For filing application for school 5. The last sentence of paragraph (a) approval______25.00 Section 211.2 is amended to read as of § 212.7 Waiver of certain grounds of For filing application for discretionary follow s: relief under section 212 ( c ) ______25. 00 excludability is amended to read as fol­ For filing application for discretionary §211.2 Passports. A valid unexpired lows: “The applicant shall be notified of relief under section 212 (d) (3), passport valid for the bearer’s entry into the decision and if the application is de­ except in an emergency case, or the a foreign country at least 60 days beyond nied of the reasons therefor and of his granting of the application is in the the expiration dates of his immigrant right to appeal in accordance with the interest of the United States Gov­ visa shall be presented by each arriving provisions of Paid; 103 of this chapter. ernm ent!______— 25. 00 immigrant alien except an immigrant For filing application for stay of de­ who (a) is the spouse, parent or un­ portation under Part 243 of this P art 212a— A d m is s io n of C er tain A liens married son or daughter of a United chapter, except when made concur­ T o P er fo r m S k il l e d or U nskilled rently with a motion to reopen or re­ States citizen, or (b) is the spouse or L abor consider a decision in a deportation unmarried son or daughter’ of an alien proceeding------25. 00 lawful parmanent resident of the United Section 212a.l is amended to read as For filing application for adjustment States, or (c) is returning to an un­ follows: of status under section 9 or 13 of relinquished lawful permanent residence § 212a.1 Application. The person, in­ the act of September 11,1957. (T h e- • in the United States after a temporary fee is not required of an alien who stitution, firm, organization, or govern­ absence abroad, or (d) is a stateless has paid the fee for filing an appli­ mental agency for whom the excludable person or a person who because of his cation for preexamination.)______25. 00 alien will perform skilled or unskilled opposition to Communism is unwilling For special statistical tabulations a labor may apply for a waiver under sec­ charge will- be made to cover the or unable to obtain a passport from the tion 212 (a ) (14) of the act. The appli­ cost of the work involved. country of his nationality, or (e) is a cation shall contain information under first-preference quota immigrant, or (f) 1 Plus communication costs. oath or affirmation and shall be support­ satisfies the district director in charge of ed by documentary evidence attesting the port of entry that there is good to the alien’s education, training, experi­ cause for failure to present the required P art 204— P e t it io n for I m m ig r a n t ence, and ability. In addition, there S t a t u s as a M in is t e r or as a P er so n document, in which case an application shall be submitted With the application W h o s e S e r vic es are N eeded U r g e n t l y for waiver shall be made on Form 1-193. a statement containing a complete de­ The last sentence of § 204.2 Petition is scription of the services to be performed, P art 212— D o c u m e n t a r y R equirements : amended to read as follows: “The peti­ and information regarding the efforts N onimmigrants ; W a iv e r s ; A d m is s io n tioner shall be notified of the decision made to secure persons in the Um tea o f C e r t a in I nadmissible A l ie n s ; P a ­ and if the petition is denied of the rea­ States to perform such services, and in r o le sons therefor and of his right to appeal what manner the alien’s services will d in accordance with the provisions of 1. The introductory material to § 212.1substantially beneficial prospectively to Part 103 of this chapter.” is amended to read as follows: the national economy, cultural interest, Wednesday, November 26, 1958 FEDERAL REGISTER 9123

or welfare of the United States. The ap­ vessel or aircraft arriving in the United “§ 6.1 (c )” and “§ 7.1 (b )” and inserting plicant shall be notified of the decision States without touching at a foreign port in lieu thereof the references “Part 3” and if the application is denied of the on a voyage or flight originating in and “Part 103”, respectively. reasons therefor and of the right to ap ­ Hawaii, Guam, Puerto Rico, or the Virgin 4. Paragraph (b) of § 236.5 Appeals is peal in accordance with the provisions Islands of the United States, shall sub­ amended to read as follows: of Part 103 Of this chapter. mit a list containing the surname, given (b ) By applicant. When the appli­ name, and middle initial of each pas­ cant states that he wishes to appeal from senger on board.” the special inquiry officer’s oral decision, P art 214— N onimmigrant C lasse s 2. A sentence is added at the end he shall be required then and there to 1. The second sentence of § 214.1 Gén­ thereof to read as follows: “For the pur­ submit completed Form I-2.90A. At his érai requirements for admission* exten­ pose of this section any coming to a request, the applicant shall be allowed sion, and maintenance of status is United States port from a foreign port, 10 days from the date of the oral decision from an outlying possession of the United amended to read as-follow's: "Nonim m i­ in which to file a brief. An appeal from grants, other than of the classes defined States, from Hawaii, Guam, Puerto Rico, the special inquiry officer’s written de­ in section 101 (a ) (15) ( O or (D ) of or the Virgin Islands of the United States cision shall be taken within 10 days after shall be regarded as an arrival.” the act (members of which classes are mailing. ineligible for extensions of s ta y ), in Title V of the Agricultural Act of 1940, as P a r t 235— I n s p e c t io n o f A l ie n s P art 242—P ro ceed ing s to D e t e r m in e amended, or in section 201 of the United A p p l y in g for A d m is s io n States Information and Educational Ex­ D eportability o f A l ie n s i n t h e change Act of 1948, as amended, and Section 235.1 General qualifications is U n it e d S t a t e s : A pprehension , C u s ­ whose period of admission has not ex­ amended by adding the following sen­ t o d y , H e a r in g , a n d A p pe a l pired shall apply on Form 1-539 and may tences at the end thereof to read as 1. Paragraphs (a) and (c) of § 242.5 be granted or denied, without appeal, follows: “For the purpose of this part, are amended to read as follows: extensions o f their periods of temporary any coming to a United States port from § 242.5 Voluntary departure prior to admission, and, in the case of a non­ a foreign port, from an outlying posses­ commencement of hearing— (a; Author­ immigrant alien of the class defined in sion of the United States, from Hawaii, ized officers. The authority contained in section 101 (a) (15) (F) of the act, Guam, Puerto Rico, or the Virgin Islands section 242 (b) of the act to permit authorization of employment or practical of the United States or from another aliens to depart voluntary from the training by an officer in charge of a sub­ port of the united States at which ex­ United States may be exercised by dis­ office or a district director.” amination under this part was not com­ trict directors, district officers who are 2. The second and fifth sentences of pleted shall be regarded as an arrival. in charge of investigations, officers in § 214.3 Petitions for approval of schools Any persons (including an alien crew­ charge, and chief patrol inspectors. are amended to read as follows:, “The man) passing through the Canal Zone on ♦ * - * * * petitioner shall be notified of the deci­ board a vessel which enters and clears at sion, and, if the petition is denied, of the a Canal Zone port only to transit that (c) Revocation. If, subsequent to the reasons therefor and of the right to ap­ Zone, to refuel, or to land passengers or granting of an application for voluntary peal in accordance with the provisions crewmen for medical treatment, shall departure under this section, it is ascer­ of Part 103 of this chapter. * * * After not be regarded as coming from a foreign tained that the application should not consideration of the facts presented, the. port solely by reason of such passage.” have been granted, that grant may be district director shall notify the institu­ revoked without notice by any district di­ rector, district officer in charge of in­ tion or place of study in writing of his Part 235a— P reexamination of A liens vestigations, officer in charge, or chief decision and if said decision is to with­ W it h in the U nited States draw the approval previously granted patrol inspector. The last sentence of § 235a.l Applica­ the reasons therefor and of its right to 2. The last sentence of paragraph (a) tion is amended by deleting the refer­ appeal in accordance with the provisions Authority of § 242.9 Examining officers ences* “Part 6 or 7” and inserting in lieu of Part 103 of this chapter.” is amended by deleting the reference 3. The last sentence of § 214.4 Peti­ thereof the references “Part 3 or 103”, respectively. “Part 8” and inserting in lieu thereof the tions for temporary workers is amended reference “ § 103.5”. to read as follows: “The petitioner shall 3. Paragraph (a) Written decision of be notified of the decision and if the P art 236— E x c l u s io n o f A l ie n s § 242.19 Notice of decision is amended by petition is denied of the reasons therefor 1. Paragraphs (e) Certification for deleting the reference “§ 6.1 1 ” and in­ and of his right to appeal in accordance mental condition; medical appeal and serting in lieu thereof the reference with the provisions of P art 103 of this (d ) Record of § 236.2 Hearing are re­ “ § 3.3”. chapter.” designated as paragraphs (d) and (e), 4. Seetion 242.20 Finality of order is respectively, and new paragraph (c> is amended by deleting the references “§ 6.1 P art 223— R e e n t r y P e r m it s added to read as follows: (e )” and “§ 7.1 (b>” and inserting in lieu thereof the references “P art 3” and “Part 1. The last sentence of § 223.1 Appli­ (c) Examining officer: The district cation is amended to read as follows: 103”, respectively. director in his discretion may assign an 5. The first sentence of paragraph (b) “The applicant shall be notified of the immigration officer to a proceeding decision and if the application is denied Cases appealable of § 242.21 Appeals is under this part to perform the duties of amended by deleting the reference “Part of the reasons therefor and of his right an examining officer in behalf of" the to appeal in accordance with the provi­ 6” and inserting in lieu thereof the Government. Such duties shall inelude, reference “Part 3”. ' sions of Part 103 of this chapter.” but are not limited to, the presentation 2. Paragraph" (b) Limited reentry per- of evidence and the interrogation, ex­ nit of § 223.2 Reentry permit is amended amination, and cross-examination of the P art 243— D e p o r t a t io n o f A l ie n s i n by deleting the reference “ § 4.2 (g ) ” and applicant and other witnesses. Nothing t h e U n it e d S tates inserting in lieu thereof the reference contained herein shall be construed to § 101.1 (f ) ”. diminish the authority conferred upon 1. Subparagraph (3) of paragraph (b) the special inquiry officer in conducting Stay of deportation of § 243.3 Execution P art 231-—A r r iv a l- - ~ar tur e M a n if e s t s proceedings under this part. of warrants of deportation is amended by and L is t s ; S u p p o ..xIn g D o c u m e n t s deleting the reference “§ 6.21 ( a ) ” and 2. Paragraph (c) Written decision of inserting in lieu thereof the reference ‘ Paragraph (a) Presentation of § 231.1 § 236.3 Decision of the special inquiry “Part 3”. i Arrival manifests, lists, and arrival-de­ officer; notice to the applicant is amend­ 2. The first sentence of § 243.31 Fees parture cards is amended in the follow­ ed by deleting the reference “§ 6.1 1 ” and is amended to read as follows: “Except ing respects: inserting in lieu thereof the reference as otherwise provided in this section and P The fifth sentence is amended to “ § 3.3.” Part 103 of this chapter, a stay of de­ read as followsr “In lieu of Form 1-418 3. Section 236.4 Finality of order is portation requested by an alien under °r Form 1-94, the master or agent of a amended by deleting the references this part shall be accompanied by a fee No. 231------2 9124 RULES AND REGULATIONS of $25 as prescribed by, and remitted in P art 251— A rrival M anifests.and L ists: (c) No changes in crew. W hen there accordance with, the provisions of Part S upporting D ocuments are no added and separated crewmen 103.” 2. Section 251.1 is amended to read as described in this section, the master as follows: or agent of every vessel departing from P art 245— A djustment of Status of N on­ the United States shall submit to the § 251.1 Arrival manifests and lists— immigration officer at thè port from immigrant to T hat of P erson A d­ (a ) Presentation. The master or agent mitted for P ermanent R esidence which such vessel is to depart directly of every vessel arriving in the United to a foreign port or place an executed 1. The last sentence of § 245.1 Appli­ States from a foreign port, from an out­ Form 1-418 bearing the notation “Ar­ cation is amended to read as follows: lying possession of the United States, or rival crewlist filed at ______No “In all cases the applicant shall be noti­ from Hawaii, Guam, Puerto Ricoror the changes in nonresident alien crew upon fied of the decision and if the application Virgin Islands of the United States shall departure.” is denied of the reasons therefore and of present to the immigration officer at the port of first arrival a manifest of all his right to appeal in accordance with P art 252— L anding of A lien Crewmen the provisions of Part 103 of this crewmen on board on Form 1-418 in chapter.” accordance with the instructions con­ Paragraph (f) of § 252.1 Examina­ 2. The last sentence of § 245.3 Medical tained thereon. A. manifest shall not be tion of crewmen is amended to read as examination is amended by deleting the required for crewmen aboard a vessel of follows: reference “§ 236.2 (c) ” and inserting in United States, Canadian,, or British (f) Change of status. An alien non­ lieu thereof the reference “Part 236”. registry engaged solely in traffic on the immigrant crewman landed pursuant to Great Lakes, or the St. Lawrence River, the provisions of this part shall be in­ and connecting waterways herewith P art 245a— Adjustment of Status of eligible for any extension of stay or for designated as a Great Lakes vessel, a change of nonimmigrant classification N onimmigrant to T hat of P erson A d­ except crewmen of other than United mitted for P ermanent R esidence in under Part 248 of this chapter. A crew­ States, Canadian, or British citizenship man admitted under paragraph (d) (1) A ccordance W ith R efugee R elief A ct and, after submission of a manifest on of 1953, as Amended of this section may; if still maintaining the first voyage of a calendar year, a status, apply for a conditional landing Part 245a is revoked. manifest shall not be required on sub­ permit under paragraph (d) (2 ) of this sequent arrivals unless there is employed section. I f the application is approved, on the vessel at the time of such arrival P art 246— R escission of A djustment he shall be given a copy of a new Form an alien crewman of other than United of Status 1-95 endorsed to show landing authorized State, British, or Canadian citizenship under paragraph (d) (2) of this section The sixth and last sentences of para­ who was not aboard and listed on the for the period necessary to accomplish graph (b ) Answer filed; personal appear­ occasion of the submission of the last his scheduled reshipment, which shall ance of § 246.12 Disposition of case are prior manifest. The master or agent of not exceed 29 days from the date of his amended to read as follows: “If the de­ every aircraft arriving in the United landing, upon surrendering any condi­ cision of the district director is that the States shall present to the immigration tional landing permit previously issued to matter be terminated, the alien shall be officer at the port of first arrival a mani­ him on Form 1-95. notified thereof and no further action fest on Customs Form 7507 of all crew­ shall be taken unless the case in Certified men on board, except that a manifest to the regional commissioner as pro­ shall not be required of an aircraft P art 280— I mposition and Collection of vided in $ 103.4 of this chapter. * * * arriving in the continental United States F ines From the decision of the district director or Alaska directly from Canada on a 1. The last sentence of paragraph (b) an appeal may Be taken as provided in flight originating in that country. Answer filed; personal appearance of Part 103 of this chapter.” (b ) Additional documents. The m as­§ 280.13 Disposition of case is amended to ter or agent of every vessel or aircraft read as follows: “From the decision of arriving in the United States from a the district director an appeal may be P art 247— A djustment of Status ^qf foreign port, from an outlying posses­ taken to the Board within 15 days after Certain R esident A liens sion of the United States, or from the mailing of the notification of decision The eighth sentence of paragraph (b) Hawaii, Guam, Puerto Rico, or the as provided in Part 3 of this chapter.” Answer filed; personal appearance of Virgin Islands of the United States shall 2. The last sentence of paragraph (c) § 247.12 Disposition of case is amended prepare as a part of the manifest when Disposition of application of § 280.51 Ap­ to read as follows: “The alien shall he one is required for presentation to the plication for mitigation or remission is informed of such decision and of the rea­ immigration officer, a completely exe­ amended to rea'd as follows: “In any sons therefor, and of his right to appeal cuted set of Forms 1-95 for each alien other case the application shall be con­ in accordance with the provisions of crewman on board, except ( 1 ) an alien sidered and decided by the district direc­ Part 103 of this chapter.” > immigrant crewman in possession of a tor from whose décision an appeal may valid immigrant visa, reentry permit,' or be taken to the Board within 15 days alien registration receipt card on Form after the mailing of the notification of P art 248— Change of N onimmigrant 1-151; (2) a Canadian or British citizen decision as provided in Part 3 of this Classification crewman serving on a vessel plying chapter.” The last sentence of § 248.2 Application solely between Canada and the United is amended to read as follows: “The ap­ States; or (3) a crewman seeking con­ P art 292— R epresentation and plicant shall be notified of the decision ditional landing privileges under section A ppearances and if the application is denied of the 252 (a) (1) of the act who is in posses­ reasons therefor and of his right to ap­ sion of an unmutilated alien crewman 1. Paragraphs (a) Attorneys in the peal in accordance with the provisions landing permit and identification card United States and (e) Attorneys outside of Part 103 of this chapter/’ (Form 1-184) or an unmutilated condi­ the United States of § 292.1 Representa­ tional landing permit (Form 1-95) with tion of others are amended by deleting space for additional endorsements pre­ the reference “§ 1.1 (a ) (3 )” and inse^ “ P art 249— Creation of R ecord of La w ­ viously issued to him as a member of ing in lieu thereof the reference ‘§ i -1 ful A dmission for P ermanent R esi­ the crew o f the same vessel or an aircraft ( f ) ”. dence of the same line on his last prior arrival 2. Paragraphs (c) Accredited repre­ in the United States, following which he The second sentence of § 249.1 Appli­ sentatives and (h ) Persons formerly au­ departed from the United States as a cation is amended to read as follows: thorized to practice of § 292.1 Represen­ member of the crew of the same vessel “The applicant shall be notified of the tation of others; paragraphs (a) Form or an aircraft of the same line. decision and if the application is denied G -2 7 and (b ) Accreditations of § of the reasons therefor and of his right 2. Paragraph (c) of § 251.3 Notifica­ Requests by organizations for recogni­ to appeal in accordance with the provi­ tion of changes in crew is amended to tion, and subparagraph ( 1 ) of paragrap sions of Part 103 of this chapter.” read as follows: (a ) Grounds of § 292.3 Suspension or Wednesday, November 26, 1958 FEDERAL REGISTER 9125

disbarment are amended by deleting the (Sec. 103, 66 Stat. 173; 8 U. S. C. 1103. Inter­ upon the applicant’s signed receipt reference “ § 1.1 (a ) (14)” wherever it pret or apply secs. 309 (c ), 332, 333, 337, 341, therefor. If the application is denied, appears and inserting in lieu thereof the 344, 66 Stat. 238, 252, 254, 258, 263, 264 ; 8 U. S. C. 1409 (c ), 1443, 1444, 1448, 1452, 1455) the applicant shall be notified of the reference “ § 1.1 (j ) *> reasons therefor and of his right to ap­ 3. Paragraph (b) Procedure of § 292.3 peal in accordance with the provisions Suspension or disbarment is amended by P art 342— A dministrative C ancellation of Part 103 of this chapter. deleting the references “ § 6.1 ( e ) ” and Part 342 is added to read as follows: (Sec. 103, 66 Stat. 173; 8 U. S. C. 1103. ’In ­ “§ 6.1 (h) ” and inserting in lieu thereof terpret or apply secs. 332, 343, 344, 405, 66 the references “§3.1 (e)” and “§ 3.1 § 342.1 Cancellation — (a ) Notifica­ Stat. 252, 263, 264, 280; 8 U. S. C. 1443, 1454, (h) ”, respectively. tion. The district directorjiaving juris­ 1455, 1101). diction over a person of the class de­ P art 299—I m m ig r a t io n F orm s scribed in section 342 of the Act shall PART 343a— N aturalization a n d C i t i z e n ­ serve the required statutory notice, indi­ s h ip P apers L o s t , M u t il a t e d , o r D e ­ Section 299.1 Prescribed forms is cating therein that such person may, on s t r o y e d ; N e w C e r t if ic a t e i n C h a n g e d amended by deleting the following form request, appear in support or in lieu of N a m e ; C e r t if ie d C o p y o f R e pat r ia ­ and reference thereto: his written answer, and that he may t io n P r o c e e d in g s Form No.,~Title and Description have present at that time any attorney or other representative qualified under Part 343a is amended to read as I-I29C Application for Waiver of Excluda­ follows: bility and Ineligibility to Obtain Part 292 of this chapter. an Immigrant Visa Under Section (b ) Failure to answer; admission of § 343a. 1 Application for replacement 212 (a) (14) of the Immigration allegations. If a written answer is not of or for new naturalization or citizen­ and Nationality Act. v filed within the statutory period or the ship paper— (a ) Lost, mutilated, or de­ written answer admits the allegations in stroyed naturalization papers. A person P art 316a—R e sid e n c e , P h y s ic a l the notice and a personal appearance is whose declaration of intention, certifi­ P resence a n d A b sen c e not requested, the district director shall cate of naturalization, citizenship, or re­ cancel the certificate, document, or rec­ Paragraph (c) of § 316a.21 Application patriation, or whose certified copy of ord and written notification of the dis­ for benefits with respect to absences; ap­ proceedings under the act of June 25, trict director’s decision, which is not 1936, as amended, or under section 317 peal is amended to read as follows: appealable, shall be served on the person. (b) of the Nationality Act of 1940, or un­ (c) The applicant shall be notified of (c) Answer filed; personal appear­ der section 324 (c) of the Immigration the decision and, if the application is de­ ance. When an answer asserting a de­ and Nationality Act, or under the provi­ nied, of the reasons therefor and of his fense is filed or a personal appearance sions of any private law, has been lost, right to appeal in accordance with the is requested, the person shall be given a mutilated, or destroyed, shall apply on provisions of Part 103 of this chapter. reasonable time not to exceed 10 days to Form N-565 for a new paper in lieu submit a brief and supporting evidence. thereof. Part 339— F u n c t io n s an d D u t ie s o f If the district director orders the matter (b) ^New certificate in changed names Clerks o f N aturalization C o urts terminated, he shall so notify the person A naturalized citizen whose name has in writing. Should the district director been changed after naturalization by or­ Section 339.5 is amended to read as fo l­ .find that the certificate, document, or der of court or by marriage shall apply lows: : record was obtained through illegality or on Form N-565 for a new certificate of 5 339.5 Numbering and indexing and fraud, he shall order that it be cancelled naturalization, or of citizenship, in the filing of petiiions for naturalization and ab initio and surrendered. Written noti­ changed name. declarations of intention. See §§ 334.3 fication of such action grid the reasons (c) Disposition, If an application for and 334a.1 of this chapter. therefor shall be given to the person, a ne.w certificate of naturalization, citi­ and he shall be informed of his right to zenship, or repatriation is approved, the Part 341— C ertificates o f C it iz e n s h ip appeal in accordance with the provisions new certificate shall be issued and de­ of Part 103 of this chapter. livered in person upon the applicant’s Part 341 is amended to read as follows: (Sec. 103, 66 Stat. 173; 8 U. S. C. 1103. In ­ signed receipt therefor. When an appli­ § 341.1 Application. A person who terpret or apply sec. 342, 66 Stat. 263; 8 cation for a new declaration of intention claims to have derived United States U. a C. 1453) is approved, the new declaration of in­ citizenship through the naturalization of tention shall be issued and the original delivered to the applicant upon his a parent or parents or through the P art 343—C e r t if ic a t e o f N a t u r a liza ­ signed receipt therefor. If an applica­ naturalization or citizenship of a hus­ t io n or R epatriation ; P e r so n s W h o tion for a new certified copy of the pro­ band, or who claims to be a citizen at R e s u m e d C it iz e n s h ip U nder S e c t io n wrth outride the United States under ceedings under the act of June 25, 1936, 323 o f t h e N a t io n a l it y A ct o f 1940, the provisions of any of the statutes or as amended, or under section 317 (b) of as A m e n d e d , or S e c t io n 4 o f t h e A ct acts specified in section 341 of the Act, the Nationality Act of 1940, or under sec­ o f J u n e 29, 1906 or who claims to be a citizen at birth out- tion 324 (c) of the Immigration and Na­ fode the United States under the pro­ Part 343 is amended to read as follows: tionality Act, or under the provisions lusions of section 309 (c) of the Act, of any private law is approved, there snail apply for a certificate of citizen­ § 343.1 Application. A person who shall be issued a certified positive photo­ ship on Form N-600. If the application lost citizenship of the United States in­ copy of the record of the proceedings s granted, a certificate of citizenship cidental to service in one of the allied filed with the Service. When subsequent shall be issued and the applicant shall, armies during World War I or II, or by to the naturalization or repatriation the fouess he is too young to imderstand the voting in a political election in a country applicant’s name has been changed by «leaning thereof, take and subscribe to, not at war with the United States during marriage, the certification of the posi­ ?foore an officer or employee of the Serv- World W ar II, and who was naturalized tive photocopy shall show both the name in which the proceedings were had and ■¿e authorized to administer oaths, the under the provisions of section 323 of the changed name. The new certified oath of renunciation and allegiance pre- the Nationality Act of 1940, as amended, swibed by Part 337 of this chapter, copy shall be personally delivered to the or a person who, before January 13, ib delivery of the certificate applicant, upon his signed receipt there­ nan be made to the applicant, or to his 1941, resumed United States citizenship for. U>the application is denied, the under the twelfth subdivision of section P ren*' 9r guardian, either personally or applicant shall be notified of the reasons ma,d> and the recipient’s 4 of the act of June 29, 1906, may obtain therefor and of his right to appeal in If tb receipt therefor shall be obtained. a certificate evidencing such citizenship accordance with the provisions of Part ^Pplicati°n is denied, the appli- by making application therefor on Form 103 of this chapter. tbo shall be notified of the reasons N-580. When the application is ap­ (Sec. 103, 66 Stat. 173; 8 U, S. C. 1103. In ­ and of his right to appeal in proved, a certificate of naturalization or terpret or apply secs. 324, 332) 343, 344, 405, in, ~ance with the provisions of Part repatriation shall be issued and delivered 66 Stat. 246, 247, 252, 263, .264, 265, 280; 8 °i this chapter. in person, in the United States only, U. S. C. 1435, 1443, 1454, 1455»1101 note) 9126 RULES AND REGULATIONS

P art 343b— S pecial C ertificate of N at­ Chapter IX— Agricultural Marketing the amendment be made effective as soon uralization for R ecognitio n b y F or­ Service (Marketing Agreements and as practicable to be of maximum benefit eig n S tate Orders), Department of Agriculture during the current marketing season. Paragraph (b) of § 343b. 11 Disposition The grades set .forth in § 969.130 were of application is amended to read as P art 969— A vocados G r o w n in developed as interim grades and adopted follows: S o ut h F lorida for use until United States Standards for Florida avocados could be developed and miscellaneous amendments (b ) Application denied. I f the appli­ issued ; such standards have been issued cation is denied, the applicant shall be Notice is hereby given of an amend­ -(21 F. R. 6205), and the grade regulation notified of the reasons therefor and of. ment, as hereinafter set forth, to the currently effective for south Florida avo­ his right to appeal in accordance with rules and regulations (7 CFR 969.110 et cados is based upon the U. S. grades set the provisions of Part 103 of this chapter. seq.; Subpart— Rules and Regulations) forth therein, hence, no useful purpose of the Avocado Administrative Commit­ would be served by continuing § 969.130 tee, currently in effect pursuant to the in effect. Producers and handlers have P art 344a— C opies of and I nform ation marketing agreement, as amended, and Been notified of the proposed adoption F rom R ecords Order No. 69, amended (7 CFR Part and recommendation to the Secretary of Part 344a is revoked. 969), regulating the handling of avo­ the said amendment, and the procedures cados grown in south Florida, effective established by such amendment of the under the applicable provisions of the rules and regulations will not require any P art 499— N a tio n a lit y F orms Agricultural Marketing Agreement Act preparation which cannot be completed Section 499.1 Prescribed forms is of 1937, as amended (7 U. S. C. 601 et by the effective time hereof. seq.). amended by deleting the following forms (Sec. 5, 49 Stat. 753, as amended; 7 U. S. 0. and references thereto: It is hereby found and determined that 608c) the said amendment of the rules and Form No., Title and Description regulations is in accordance with the Dated, November 21, 1958, to become provisions of the said amended market­ effective upon publication in the Federal N-240 Form letter concerning issuance of' R egister. new certificate of naturalization. ing agreement and order and will tend N-321 Declaration of Intention (in lieu of to effectuate the declared purposes of [ seal] S. R. Sm ith , old edition lost, mutilated or. the Agricultural Marketing Agreement Director, destroyed). Act of 1937, as amended. The said Fruit and Vegetable Division. N-325 Declaration of Intention (in lieu of. rules and regulations are amended as [F. R. Doc. 58-9819; Filed, Nov. 25, 1958; one lost, mutilated or destroyed). follows: N-560 Certificate of Citizenship. 8:54 a. m.] N-561 Certificate of Citizenship. 1. Delete § 969.130 Quality regulations. 2. Revise § 969.140 to read as follows: N-562 Certificate of Citizenship. TITLE 14— CIVIL AVIATION N-570 Certificate of Naturalization. § 969.140 Avocados not subject to reg­ N-581 Certificate of Repatriation. ulation— (a ) Minim um quantity. D u r­ Chapter II—-Civil Aeronautics Admin­ N-582 Certificate of Naturalization. ing any one day any handler may handle istration, Department of Commerce (Sec. 103, 66 Stat. 173; 8 U. S. C. 1103) not to exceed 55 pounds total of avocados [Amdt. 19] exempt from the provisions of §§ 969.41, This order shall become effective on 969.51, and 969.54 and the regulations P art 600—-D esignation of Civil the date of its publication in the F ederal . issued thereunder: Provided, That such A ir w a ys R egister. Compliance with the provi­ exempted quantity shall not be included ALTERATIONS sions of section 4 of the Administrative as part of a shipment exceeding 55 Procedure Act (60 Stat. 238; 5 U. S. C. pounds. - The civil airway alterations appearing 1003), as to notice of proposed rule mak­ (b ) Gift shipments. During the period hereinafter have been coordinated with ing and delayed effective date is unneces­ November l through January 31 of each the civil operators involved, the Army, sary in this instance because the rules/ fiscal year any handler may, exempt the Navy and the Air Force, through the Air Coordinating Committee, Airspace prescribed by the order, other than those from the provisions of §§ 969.41, 969.51, Division, and are adopted to become which are editorial in nature, relate to and 969.54 and the regulations issued thereunder, handle avocados in indivi­ effective when indicated in order to pro­ agency procedure and management. dually addressed gift containers not ex­ mote safety. Compliance with the no­ Dated: November 14, 1958. ceeding 20 pounds net weight for use by tice, procedures and effective date pro­ the addressee other than for resale: visions of section 4 of the Administrative J. M. S w in g , Provided, That the net weight of avo­ Procedure Act would be impracticable Commissioner of cados in each such container shall not and contrary to public interest and Immigration and Naturalization. exceed three-fourths of the total, and therefore is not required. [F. R. Doc. 58-9799; Filed, Nov. 25, 1958; the balance of the contents of such con­ < Part 600 is amended as follows: 8:51 a. m.J tainer shall be an agricultural product, 1. Section 600.12 Green^ civil airway or products, other than avocados. No. 2 ( Seattle, Wash., to Boston, Mass.) is amended by changing the name of the TITLE 7-—AGRICULTURE It is hereby further found that it is facility “Clear Creek, Ontario, Canada, impracticable and contrary to the public radio range” to read: “Clear Creek, On­ interest to give preliminary notice, en­ tario, Canada, R B N ” wherever it appears. Chapter III— Agricultural Research gage in public rule-making procedure, Service, Department of Agriculture 2. Section 600.208 Red civil airway No. and postpone the effective date hereof 8 (Dayton, Ohio, to Newark, N. J-) ^ until 30 days after publication in the P art 330— F ederal P lant P est amended by changing the portion which F ederal R egister (60 Stat. 237; 5 U. S C . R egulations reads: “to the intersection of the east 1001 et seq.) and good cause exists for course of the Wright-Patterson APB regulations to prevent e n t r y and i n ­ making the provisions hereof effective no radio range and the south course of the later than the date hereinafter set forth. terstate m ovement of plant pests 'Columbus, Ohio, radio range.” to read: Shipment of the current crop of avocados “to the INT of the east course of the Correction is now in progress, and avocados are cur­ Wright-Patterson AFB RR and the rently subject to quality, maturity, and In F. R. Doc. 58-8840, appearing at northeast course of the Cincinnati, container restrictions established pur­ page 8173 of the issue for Friday, Octo­ Ohio, RR.” . suant to the said marketing agreement, 3. Section 600.232 is amended to read. ber 24,1958, the last sentence of § 330.300 and order; the amendment establishes (c) should read: “A permit without con­ an exemption from such restrictions for § 600.232 Red civil airway No. H ditions may be issued orally.” : gift shipments^ and it is essential that (Austin, Tex., to Houston. Tex.). From Wednesday, N ovem ber 26, 1958 FEDERAL REGISTER 9127

the Austin, Tex., R B N via the Smith - last sentence to read: “The portions of alternate from the Memphis VOR to the ville, Tex.,.RBN; Richmond, Tex., RR to this airway which lie within the geo­ Malden VOR via the IN T of the Memphis the INT of the Richmond, Tex., RR graphic limits of, and between the desig­ V O R 345° and the M alden V O R 185° southeast course with the Houston, Tex., nated altitudes of, the Camp Springs, radials;” . RR southwest course. Md. (Andrews AFB) Restricted Area/ 20. Section 600.6011 VOJ2 civil airway 4. Section 600.237 is amended to read: Military Climb Corridor (R-542) are ex­ No. 11 (Memphis, Tenn., to Detroit, cluded during the restricted area’s time M ich .) is amended by changing all after: § 600.237 Red civil airway No. 37 of designation.” “Evansville, ind., omnirange station;” to (Tyler, Tex., to Gordonsville, Va.). Prom 13. Section 600.640 Blue civil airwayread: “Evansville, Ind., VOR; Scotland, the Tyler, Tex., R B N to the IN T of a 13° No. 40 (Concord, N. H., to Burlington, Ind., VOR, including an east alternate via bearing from the Tyler R B N ■with the V t.) is amended by adding the following the INT of the Evansville VOR 049° and west course of the Shreveport, La., RR. sentence: “The portions of this airway the Scotland V O R 188° radials; Indian­ From the Roanoke, Va., R R via the which lie within the geographic limits of, apolis, Ind., VOR, including an east alter­ Lynchburg, Va., R R to the Gordonsville, and between the designated altitudes of, nate via the INT of the Scotland VOR Va., RR. the Burlington, Vt. (Ethan Allen APB) 041° and the Indianapolis V O R 185° 5. Section 600.245 Red civil airway No. Restricted Area/Military Climb Corridor radials, and also a west alternate via the 45 (Blackstone, Va., to Lancaster, P a .) (R-540) are excluded during the re­ INT of the Scotland VOR 011° and the is amended by changing the entire last stricted area’s time of designation.” Indianapolis V O R 230° radials; Port portion to read: “Prom the Riverdale, 14: Section 600.646 Blue civil airway Wayne, Ind., VORTAC, including an east Md., RBN via the Baltimore, Md., RR No. 46 (Memphis, Tenn., to Paducah, alternate via the point of INT of the to the INT of the north course of the K y .) is revoked. Indianapolis V O R 069° and the Shelby- Baltimore RR with the southwest course 15. Section 600.671 is amended to read: ville, Ind., V O R 006° radials, and the of the Allentown, Pa., R R .” , § 600.671 . Blue civil airway No. 71 point of IN T of the Shelbyville VOR 006° 6. Section 600.247 Red civil airway No. ( Toledo, Wash., to Seattle, Wash.). radial with the Indianapolis VOR direct 47 (Tampa, Fla., to Daytona Beach, Fla.) From the Toledo, Wash., RR via the radial to the Port Wayne VORTAC and is revoked. Shelton, Wash., RBN to the Seattle, also a west alternate via the INT of the 7. Section 600.603 Blue civil airway No. Wash,, RR. The portions of this airway Indianapolis V O R 022° and the Port 3 (Maimi, Fla., to Sault Ste. Marie, M ich.) which lie within the geographic limits W ayne V O R T A C 232° radials; IN T of the is amended by deleting the portion which of, and between the designated altitudes Port Wayne V O R T A C 031° and the Salem reads: “Prom the Muscle Shoals, Ala., of, the Tacoma, Wash. (McChord APB) VOR 227° radials; to the Salem, Mich., radio range station to the intersection Restricted Area/Military Climb Corridor VOR.” of the northeast course of the Muscle (R-546) are excluded during the re­ 21. Section 600.6012 VOR civil airway Shoals, Ala., radio range and the south­ stricted area’s time of designation. No. 12 (Santa Barbara, Calif., to Phila­ west course of the Nashville, Tenn., radio delphia, P a.) is amended by changing range.” 16. Section 600.6003 V O R civil airway the portion which reads: “Wichita, Kans., 8. Section 600.604 Blue civil airway No. 3 (.Key West, Fla., to Presque Isle, omnirange station, including a north ho. 4 (Boston, Mass., to United States- M a ine) is amended by changing the por­ alternate from the Gage omnirange sta­ Canadian Border) is amended by adding tion which reads: “West Chester, Pa., tion to the Wichita omnirange station the following sentence: “The portions omnirange station; Caldwell, N. J., om­ via the point of intersection of the of this airway which lie within, the geo­ nirange station; Wilton, Conn., omni­ W ichita omnirange 245° T rue radial with graphic limits of, and between the desig- range station;” to read: “West Chester, the Gage omnirange direct radial to the altitudes of, the Burlington, Vt. Pa., V O R ; Solberg, N. J., V O R ; point of Hutchinson, Kans., omnirange station Allen AFB) Restricted Area/ INT of the Wilkes-Barre-Scranton, Pa., and also a south alternate from the Military Climb Corridor (R-540) are ex- V O R 117° and the W ilton V O R 240° r a ­ Anthony omnirange station to the cluded during the restricted area’s time diáis; Wilton, Conn., VOR;”. Wichita omnirange station via the inter­ of designation.” 17. Section 600.6005 VOR civil airway section of the Anthony omnirange 060° 9. Section 600.615 Blue civil airway No. 5 (Jacksonville, Fla., to London, Ont.) True and the Wichita omnirange 190° " ° -15 (Akron, Ohio, to Hubbard, Ohio) is amended by changing the portion True radials;” to read: “Wichita, Kans., s amended by adding the following sen- which reads: “Cincinnati, Ohio, omni­ VOR, including a north alternate from range station, including an east alter­ the Gage VOR to the Wichita VOR via toivC the Youngstown, Ohio (Youngstown the York omnirange station with the with the Anthony, Kans., VOR direct Municipal Airport) Restricted Area/ Cincinnati omnirange 175° True radial; radial to the Dodge City, Kans., VOR intersection of the Cincinnati omnirange JiS^yCnm b Corridor (R-541) are ex- and also a south alternate from the 045° True and the Appleton omnirange uaed during the restricted area’s time Anthony VOR to the Wichita VOR via °f designation.” 244° True radials;” to read: “Cincinnati, the INT of the Anthony VOR 060° and Ohio, VOR; INT of the Cincinnati VOR the Wichita VOR 190° radials;” and by ®ection 600.618 is amended by 045° and the Appleton V O R 244° r a ­ hanging the caption to read: “Blue changing the portion which reads : diáis;”. w u u rw a y No. 18 ( Paterson, N. J., to “Shelbyville, Ind., omnirange "Station; 18. Section 600.6006 VOR civil airway point of intersection of the Cincinnati, aftp^An?71' V t^ " and by changing all No. 6 (Oakland, Calif., to New York, to roa^kany’ N. Y„ radio range station Ohio, omnirange 004° and the Dayton N. Y .) is amended by changing all after omnirange 209° radials; Dayton, Ohio, N : Y " 1111 * ° the Bur- “Selinsgrove, Pa., omnirange station;” to omnirange station;” to read: “Shelby­ read: “Selinsgrove, Pa., VOR; point of 11. Section 600.619 is amended to re ad : ville, Ind., VOR; Richmond, Ind., VOR; IN T of the Selinsgrove VOR 077° and the Dayton, Ohio, VOR;”. 1vL?00p6719 Blue civil airway No. 19 ( K ey Williamsport, Pa., VOR 1461 radiáis; 22. Section 600.6017 VOR civil airway thpTrJ,«; Melbourne, Fla.). Prom Allentown, Pa., VOR; Solberg, N. J., No. 17 (Laredo, Tex., to Goodland, Kans.) Fla pr>^yesi ’ ^ a ’ B-R via the Perrine, VO R; to the point of INT of the Solberg is amended by changing the portion ’’ *“ 7 to the Melbourne, Fla., RR. VOR 106° radial with the Idlewild, N. Y., which reads; “point of intersection of the VOR direct radial to the Coyle, N. J., Port Worth, Tex. (Meacham Field) ILS Ato ^ 600.621 Blue civil airway VOR.” localizer south course with the Britton, N, v ) \ ^°^es Point, Va., to Elmira, 19. Section 600.6009 V O R civil airway Tex., omnirange 264° True radial; xFort whiph amended by changing the words No. 9 (New Orleans, La., to Green Bay, Worth, Tex., omnirange station, includ­ the sni,tua(i: , o n rln r l • ÆQ TT S i limits of, and between the designated which reads: “Selinsgrove, Pa., omni­ This amendment shall become effec­ altitudes of, the Youngstown, Ohio range station; point of intersection of the (Youngstown Municipal Airport) Re­ Selinsgrove omnirange 104° True and the tive 0001 e. s. t. December 18, 1958. stricted Area/Military Climb Corridor (R-541) is excluded during its time of Allentown omnirange 211° True radials; [ s e a l ! W il l ia m B . D a vis, Acting Administrator designation.” Colts Neck, N. J 4 omnirange station;” to of Civil Aeronautics. 63. Section 600.6278 VOR civil air- read: “Selinsgrove, Pa., VOR; East way No. 278 {Guthrie, Tex., to Birming­ Texas, Pa., VOR; Colts Neck, N. J., VOR.” N o v em ber 19, 1958. 72. Section 600.6602 VOR civil airway ham, Ala.) is amended by changing the 19581 name “Fort Worth, Tex.” to read: No. 1502 {San Francisco, Calif., to New [F. R. Doc. 58-9765; Filed, Nov. 25, 8:45 a. m.] “Bridgeport, Tex.” York, N. Y.) is amended by changing the Wednesday, November 26, 1958 FEDERAL/REGISTER 9131

[Amdt. 21] 87.” and by adding a last sentence to radial extending from the Camp Springs, pARl gol—D esignation op the C o n t i­ read: ‘‘The portions of this control area Md., 5-mile radius control zone boundary extension which lie within the Colum­ to a point 27 miles northeast thereof and nental Control A rea, C ontrol A reas, bus, Ohio (Lockbourne AFB) Restricted having a width of 1 mile southeast of and Control Zones, R eporting P o in t s, and Area/Military Climb Corridor (R-543) 2.3 miles northwest of the Andrews AFB Positive Control R oute S egments shall be used only after obtaining prior TVOR 053° radial at the control zone ALTERATIONS approval from the controlling agency.” boundary and expanding to a total width The control area, control zone and 8. Section 601.1056 is amended to read: of 4.6 miles (2.3 miles either side of the centerline) at the point 27 miles north­ reporting point alterations appearing § 601.1056 Control area extension east of the control zone boundary. The hereinafter have been coordinated with (Buffalo, N. Y.). The airspace within portion of this control area extension the civil operators involved, the Army, the continental limits of the United which lies within the geographic limits the Navy and the Air Force, through the States lying within a 50-mile radius of of the Washington Prohibited Area (P - Air Coordinating Committee, Airspace the Buffalo Municipal Airport, excluding 56) is excluded; the portions of this con­ Division, and are adopted to become the portions lying within the geographic trol area extension which lie within the effective when indicated in order to pro­ limits of, and between the designated geographic limits of, and between the mote sa fe ty . Compliance with the altitudes of, the Wilson Restricted Area designated altitudes of, the Chesapeake notice, p ro c e d u re s and effective date (R -ll), Oswego Restricted Area (R-70) Bay Restricted Area (R-35), the Quan- provisions of section 4 of the Adminis­ and Lake Ontario Restricted Area tico Restricted Area (R-37), the West trative Procedure Act would be im­ (R-94), during their times of designa­ Dahlgren Restricted Area (R-38) and the practicable and contrary to public inter­ tion, and excluding the portion lying Aberdeen Restricted Area (R-54) are ex­ est and therefore is not required. within the geographic limits of, and be­ cluded during the restricted areas’ times Part 601 is amended as follows: tween the established altitudes of, the of designation; the portions of this con­ 1. Section 601.232 is amended to read: Niagara Falls Caution Area ÍC-86) dur­ trol area extension which lie within the § 601.232 Red civil airway No. 32 con­ ing its established time of use. Camp Springs, Md. (Andrews AFB) Re­ trol areas ( Austin, Tex., to Houston, 9. Section 601.1087. is amende^ to stricted Area/Military Climb Corridor Tex.). All of Red civil airway No. 32. read: (R-542) shall be used only after obtain­ ing prior approval from the controlling 2. Section 601.247 Red civil airway No. § 601.1087 Control area extension agency. 47 control areas {Tampa, Fla., to Day­ {Akron, Ohio). The airspace south of tona Beach, Fla.) is revoked. Akron bounded on the north by the 13. Section 601.1133 is amended to 3. Section 601.618 is amended by Cleveland control area extension 601.- read: changing the caption to read: “Blue civil 1158, on the east by the Pittsburgh con­ § 601.1133 Control area extension airway No. 18 control areas {Patersoh, trol area extension 601.1256, on the south {Seattle, Wash.). The airspace within N.J., to Burlington, V t . ) .” by VOR civil airway No. 210 and on the a 30-mile radius of the Seattle-Tacoma 4. Section 601.619 is amended to read: west by VOR civil airway No. 59. International Airport, excluding the por­ §601.619 Blue civil airway^No. 19 10. Section 601.1089 is amended to tions which lie within the geographic control areas {K ey West, Fla., to M el­ read: limits of, and between the designated bourne, Fla.). All of Blue' civil airway altitudes of, the Fort Lewis Restricted § 601.1089 Control area extension No. 19. Areas (R-503, R-504 and R-505) during {Cincinnati, Ohio). The airspace with­ these restricted areas’ times of designa­ 5. Section 601.646 Blue civil airway No. in a 35-mile radius of the Greater Cin­ tion; the airspace northwest of Seattle 46 control areas {Memphis, Tenn., to cinnati Airport including the airspace Paducah, Ky.) is revoked. bounded on the northeast by Amber civil north and east of Cincinnati bounded by airway No. 1, on the north by Red civil 6. Section 601.1016 is amended to read: VOR civil airways as follows : on the west airway No. 79, on the west by longitude §601.1016 Control area extension by V-275 northward to V-210, on the 123°15'00" and on the south by VOR civil north by V-210 eastward to V-59, on the (Augusta, G a .). Within 5 miles either airway No. 27. The portions of this con­ side of the 320° radial of the Augusta east by V-59 southward to V-144, on the trol area extension which lie within the VOR extending from the V O R to a point northeast by V-144 southeastward to V - Tacoma, Wash. (McChord AFB) Re­ 15 miles northwest, within 5 miles either 119, on the southeast by V-119 south­ stricted Area/Military Climb Corridor side of the Augusta ILS north course ex­ eastward to V-44, on the south by V-44 (R-546> shall be used only after obtain­ tending from the localizer to a point 33 westward to V-133, on the west by V-133 ing prior approval from the controlling miles north, and the airspace southwest northward to V-144, on the southwest agency. of Augusta bounded on the north by Red by V-144 westward to V-5 and on the 14. Section 601.1138 is amended to civil airway No. 10, on the east by V O R southeast by V-5 southwestward to the read: cmi airway No. 185, on the south by V O R 3 5-mile radius control area boundary. ivu airway No. 70, on the southwest by 11. Section 601.1120 Control area § 601.1138 Control area extension ; !n® extending through points at lati- extension {Cedar Rapids, Iowa) is {Orlando, Fla.). The airspace bounded 32°47'00", longitude 82'TO'OO", and amended by adding the following to the on the north by latitude 29°00'00", on Z i e 33°10'00", longitude 82°39'00", present control area extension: “the air­ the west by Tampa control area exten­ r*a °n northwest by VOR civil air- space south of Cedar Rapids bounded on sion 601.1325, on the south by latitude y No. 56. The portions of this control the northeast by VOR civil airway No. 27°45'00", on the east by Blue civil air­ a extension which lie within the geo- 233, on the south by VO R civil airway No. way No. 19 and on the northeast by VOR .• apfu limits of, and between the des- 6 and on the northwest by VOR civil air­ ‘gnated altitudes of, the Fort Gordon R e - way No. 294.” civil airway No. 159-E to the Orlando VOR and by VOR civil airway No. 267 S T , Areas ” to read: “bounded on th bounded on the west by the eastern iJ ^ V O R civil airway No. 133,” by de boundaries of Red civil airway No. 45 town VOR. The portions of this control airctftile ^ast Portion which reads: “tha north of the Baltimore RR and Blue civil area extension which lie within the on t h 6 southwest of Columbus boundei airway No. 21 south tSl the Baltimore R R Youngstown, Ohio (Youngstown Munici­ on north by Green civil airway No. 4 and bounded on the south by the north­ pal Airport) Restricted Area/Military on th eas^ hy Amber civil airway No. 6 ern boundary of Green civil airway No. 5 Climb Corridor (R-541) shall be used and a« ®cuth by Red civil airway No. east of the Shadyside RBN; the airspace only after obtaining prior approval from u the west by Blue civil airway Nc centered on the Andrews AFB TVOR 53° the controlling agency. No. 231------3 9132 RULES AND REGULATIONS

16. Section 601.1146 Control area ex­ be used only after obtaining prior ap- 30. Section 601.1328 is amended to tension (.New York, N. Y .) is revoked. proval from the controlling agency. read: 17. Section 601.1146 is added to read: 24. Section 601.1256 is amended to § 601.1328 Control area extension § 601.1146 Control area extension read: (Oxnard, Calif.). The airspace bounded (Galena, Alaska). The airspace within § 601.1256 Control area extension on the northeast by Amber civil airway 5 statute miles either side of the 086° and (Pittsburgh, Pa .). W ithin "a 75-mile ra ­ No. 8, ' on the east by longitude 278° radials of the Galena AFB TACAN dius of the Pittsburgh VOR excluding 119°12'30", on the south by the northern extending from the TACAN to points 80 the portion which overlaps the Youngs­ boundary of the Point Mugu Warning nautical miles east and west of the town, Ohio Control area extension Area (W -289), on the west by longitude facility. (601.1140). 120°00'00" , and on the northwest by the 18. Section 601.1158 is amended to southeast boundary of the Santa Bar­ 25. Section 601.1272 is amended to read: bara control area extension No. 1176, read: The portion of this control area exten­ § 601.1158 Control area extension § 601.1272 Control area extension sion which lies within the geographic (Cleveland, Ohio). The airspace within (Baltimore, M d .). The airspace within limits of, and between the established the continental limits of the United a 15-mile radius of the Baltimore VOR' altitudes of, the Santa Cruz Warning States lying within a 50-mile radius of excluding the portion which lies within Area (W -412) is excluded during the the Cleveland-Hopkins Airport, Cleve­ the geographic limits of, and between warning area’s established time of use. land, Ohio. the designated altitudes of, the Aberdeen 31. Section 601.1331 is amended to 19. Section 601.1176 is amended to Restricted Area (R-54) and the Edge- read: read: wood Arsenal Restricted Area (R-82) § 601.1331 Control area extension § 601.1176 Control area extension during their times of designation. The portions of this control area extension (Tacoma, Wash.). The airspace within (Santa Barbara, Calif.). The airspace a 40-nautical mile radius of McChord centered on the 247° True radial of the which lie within the Camp Springs, Md. (Andrews AFB) Restricted Area/ AFB, excluding the portion above 14,500 Santa Barbara VOR, 10 miles in width feét MSL which lies within the geo­ at the VOR With each edge diverging at M ilitary Climb Corridor (Rr-542) shall be used only after obtaining prior ap­ graphic limits of the Olympic Peninsula an angle of 5° with the centerline and proval from the controlling agency. Restricted Area (R^241) during the re­ extending to the eastern boundary of the stricted area’s time of designation; and Oakland Oceanic Control Area. The 26. Section 601.1294 is added to read: excluding the portions which lie within portiqp_nf this control area lying west of § 601.1294 Control area extension the geographic limits of, and between the longitude 120°30'00" shall be used only (Rochester, N. Y .) . The airspace within designated altitudes of, the Fort Lewis after obtaining prior approval from a 20-mile radius of the Monroe County Restricted Areas (R-503, R-504 and Civil Aeronautics Administration Air Airport, Rochester, N. Y., excluding the R^505) during these restricted areas’ Traffic Control. portion which lies within the geographic times of designation. The portions of 20. Section 601.1212 Control area ex­ limits of, and between the designated this control area extension which lie tension (White Sulphur Springs, W. Va.) altitudes of, the Oswego Restricted Area within the Tacoma, Wash. (McChord is amended by deleting the words which (R-70) during the restricted area’s time AFB) Restricted Area/Military Climb read: “Red civil airway No. 37” and by of designation. Corridor (R-546) shall be used only after substituting the following in lieu there­ obtaining prior approval from the con­ 27. Section 601.1312 Control area ex­ trolling agency. of: “VOR civil airway No. 260.” tension (Zanesville, Ohio) is revoked. 21. Section 601.1219 is amended to 32. Section 601.1378 is amended to 28. Section 601.1312 is added to read: read : re ad : §601.1219 Control area extension § 601.1312 Control area extension § 601.1378 ' Control area extension (Pensacola, Fla.). The airspace within (Watertown, N. Y .). The airspace with­ (Wilmington, Del.). The airspace lying a 25-mile radius of NAAS Saufley Field, in 5 miles either side of the Watertown south of a true east/west line through Pensacola, Fla., including the airspace VOR 155° radial extending from the the center of the New Castle County Air­ within an arc of 38 statute miles cen­ VOR to the Rome, N. Y., control area port, Wilmington, Del., within a 30-mile extension 601.1385. tered on NAAS Saufley bounded on the radius of the center of the airport; the west by a line extending between 29. Section 601.1325 Control area ex­ airspace west of Wilmington bounded on points at latitude 30°06'00", longitude tension (Tampa, Fla.) is amended by the south by Am ber civil airway No. 7, 87°49'00" and latitude 30°15'00", 4on- changing the portion which reads: “in­ on the west by Red civil airway No. 45, gitude 87°41'00", and bounded on the cluding the airspace northwest of Tam pa on the north by V O R civil airway east by a line connecting the following bounded on the northeast by VOR civil No. 3 and on the northeast by VOR civil points: latitude 30°19'00", longitude airway No. 97, on the southwest by airway No. 29, excluding the portion 87°13'00"; latitude 30°16T5", longitude Tampa control area extension 601.1226, which lies within the geographic limits 87

67. Section 601.6293 is amended to have been coordinated with the civil Cam p Springs, Maryland, R estricted Area/ Military Clim b Corridor (A ndrews read: operators involved, the Army, the Navy AFB) (R-542) (W ashington) and the Air Force, through the Air Co­ § 601.6293 VOR civil airway No. 293 ordinating Committee, Airspace Division, Description by geographical coordinates. control areas ( West Palm Beacfy, Fla., and are adopted to become effective when That area based on the 53 ° True radial of to St: Petersburg, F la .). A il of V O R civil indicated in order to promote safety of the Andrews AFB TVOR (latitude 38°48'38", airway No. 293. longitude 76°52'08'') extending from the the flying public. Since a military func­ control zone to a point 27 statute miles 68. Section 601.6422 is added to read: tion of the United States is involved, northeast thereof and having a width of 1 compliance with the notice, procedures, § 601.6422 VOR civil airway No. 422 njile southeast and 2.3 miles northwest of and effective date provisions of section 4 control areas ( Chicago, 111., to Garrett, the 053 ° True radial at the control zone and of the Administrative Procedure Act is expanding to a total width of 4.6 statute In d .). All of VQR civil airway No. 422. not required. miles at a' point 27 miles from the control 69. Section 601.6430 is added to read: Part 608 published as a “Revision of the zone. (2.3 on each side of the centerline) Part” on November 4, 1958, in 23 F. R. excluding that portion overlapping Restricted § 601.6430 VOR civil airway No. 430 Area R-54. control areas ( Tiverton, Ohio, to Wheel­ -8575 is amended as follows: Designated altitudes. That area described ing, W. V a .). All of VOR civil airway 1. In § 608.14, the Camp Cooke, above shall include the airspace between the California, Warning/Restricted Area No. 430. following altitudes only: 2,280' MSL to (W/R^-532) is added to read: 10,280' M SL from the control zone to a point 70. Section 601.6431 is added to read: Cam p Cooke, California, W arning/Restrict­ 1 statute mile northeast of the control zone. ed Area (W/R-532) (San Francisco) 2,280' MSL to 17,280' M SL from a point 1 § 601.6431 VOR civil airway No. 431 statute mile to a point 3 statute miles north- control areas ( Glens Falls, N. Y „ to Description by geographical coordinates. _ east of the control ’ zone. 2,280' MSL to Plattsburgh, N. Y .). All of VOR civil Beginning at latitude 34°35'00'\ longitude 23,280' MSL from a point 3 statute miles airway No. 431. 120°41'35''; thence to latitude 34°35'00'', to a point 5 statute miles northeast of the longitude 120°30'00''; thence to adjoinment control zone. 6,280' MSL to 27,000' MSL 71. Section 601.6432 is added to read: with the northern boundary of Control Area from a point 5 statute miles to a point 10 § 601.6432 VOR civil airway No. 432 1176 at latitude 34°24'00", longitude 120°- statute miles northeast of the control zone. control areas. [Unassigned]. 30'00''; thence along the northern boundary 10,280' MSL to 27,000' MSL from a point 10 of Control Area 1176 to its intersection with statute miles to a point 15 statute miles 72. Section 601.6433 is added to read: the Oakland Oceanic Control Area Boundary, northeast of the control zone. 15,280' MSL at latitude 33°45'3Q", longitude 122°46'00''; to 27,000' MSL from a point 15 statute miles § 601.6433 VOR civil airway No. 433 thence northwestward along the Oakland to a point 20 statute miles northeast of the control areas (Fresno, Calif., to Klamath Oceanic Control Area Boundary to its inter­ control zone. 19,280' MSL to 27,000' MSL Falls, Oreg.). All of VOR civil airway section with the southern boundary of from a point 20 statute miles to a point 27 No. 433. Warning Area W-283 at latitude 35°08'00", statute miles northeast of the control zone. longitude 123°41'00''; thence along the Time of designation. Continuous. 73. Section 601.7001 VOR domestic southern boundary of Warning Area W-283 Controlling agency. Andrews Approach reporting points is amended by adding to longitude 123°00'00"; thence along the Control. the following reporting points: western and southern boundaries of Warn­ 6. In § 608.30, the Camp Grayling, Avenal, Calif., VOR. ing Area W-281 to latitude 35°37'10'', longi­ Beatty, Nev., VOR. tude 121°31'35"; thence to adjoinment with Michigan, area (R-373) is amended by the northwestern corner of Restricted Area Coaldale, Nev., VOR. changing the “Tim e of designation” to R-531 at latitude 34° 56'30” , longitude Drake, Ariz., VOR. read: “May 23 through September 5 an­ 120°43'30''; thence along the seaward bound­ Gul|i»ort, Miss., VOR. nually”. ary of R-531 to latitude, 34°34'52” , longi­ Knox, Ind., VOR. tude 120°42'57” ; that portion within 3 nau­ 7. In § 608.31, the Camp Riley, Minne­ Merriam, Ind., VOR. tical miles of the shoreline to be designated sota, area (R^191) is amended by chang­ Oxnard, Calif., VOR. as restricted airspace. ing the “Time of designation” to read: Panoche, Calif., VOR. “A pril 1 through October 30 annually”. Picayune, Miss., VOR. Designated altitudes. Surface to unlim­ Rice, Calif., VOR. ited. 8. In § 608.40, the Rome, New York St. Johns, Ariz., VOR. Time of designation. Continuous. (Griffiss A F B ) Restricted Area/Military Tonopah, Nev., VOR. Controlling agency. Commander USN- Climb Corridor (R-544) is added to read: Coopersburg INT: The INT of the Allen­ AMTC, Point Mugu, California. • R ome, New Y ork (G riffiss AFB) Restricted town, Pa., VOR 188° T and the East Texas, Area/Military Clim b Corridor (R-544) 2. In'§ 608.18, the Pensacola, Florida, Pa., VOR 102° T radials. (RF-34 and RF31W) Norris IN T : The IN T of the West Chester, area (R-153) is amended by changing Description by geographical coordinates. Pa., VOR 253° T and the Baltimore, Md., VOR the “Description by geographical coordi­ 013° T radials. - The area centered on the 318° True and 138° nates” to read: “bounded on the north True radials of the Griffiss TVOR (latitude and by changing the following reporting by the Alabama/Florida coastline; 43°19'53'', longitude 75°32'08'') beginning at point to read: v bounded on the south by a line 3 nautical the control zone and extending to a point 27 miles northwest thereof and having a width Southgate INT: The INT of the Honolulu, miles from and parallel to the Alabama/ of 2 miles at the control zone and expanding T. H., VOR 179° T and the Molokai, T. H„ Florida cbastline; bounded on the east to a width of 4.6 miles at a point 27 miles VOR 268° T radials or a bearing of 241° T by the Pensacola (Saufley) Control Area from Makapuu Point, T. H., RBN. frçm the control zone. 601.1219; bounded on the west by longi­ Designated altitudes. The area described (Sec. 206, 52 Stat. 984; 49 U. S. C. 425. In ­ tude 88°01'30". above shall include the airspace between the terpret or apply sec. 601, 52 Stat. 1007, as 3. In § 608.18, the Pensacola/Florida, following altitudes only: 2,500' MSL to 10,500 amended; 49 U. S. C. 551) area (R-154) is amended by changing MSL from the control zone to a point 1 mile T his amendment shall become effective the “Description by geographical coordi­ northwest of the control zone/ 2,500' MSL to 17,500' MSL from a point 1 mile to a point 0001 e. s. t. December 18,1958. nates’^ to read: “bounded on the north 3 miles northwest of the control zone. 2,500 [ s e a l ] W il l ia m B. D a v is, by the Florida coastline ; bounded on MSL to 23,500' MSL from a point 3 miles to Acting Administrator the south by a line 3 nautical miles from a point 5 miles northwest of the control zone. of Civil Aeronautics. and parallel to the Florida coastline; 6,500' MSL to 27,000' MSL from a point 5 N ovember 19, 1958. bounded on the east by longitude miles to a point 10 miles northwest of the 86°48'00"; bounded on the west by the control zone. 10,500' MSL to 27,000' M (F. R. Doc. 58^9766; Filed, Nov. 25, 1958; from a point 10 miles to a point 15 8:45 a. m.] ' Pensacola Control Area.” 4. In § 608.19, the Fort Benning, Geor­ northwest of the control zone. 15,500' M to 27,000' MSL from a point 15 miles to a gia, area (R-129) is amended by chang­ point 20 miles northwest of the control zone. [Amdt. 1] ing the “Designated altitudes” to read: 19,000' MSL to 27,000', MSL from a point^O P art 608— R estricted A reas “Surface to 32,000 feet MSL”. miles to a point 27 miles northwest of the 5. In § 608.28, the Camp Springs, M ary ­ control zone. MISCELLANEOUS AMENDMENTS land, Restricted Area/Military Climb Time of designation. Continuous. The restricted areas and the restricted Corridor (R-542) (Andrews AFB), is Controlling agency. Griffiss ApProa areas alterations appearing hereinafter added to read: Control. ^ Wednesday, N ovem ber 26, 1958 FEDERAL REGISTER 9135

9. In § 608.40, the Westham pton Beach, 13. In § 608.43, the Youngstown, Ohio Time of designation. Continuous. New York (Suffolk AFB) Restricted (Youngstown Municipal Airport) Re­ Controlling agency. Burlington Approach Control. Area/Military Climb Corridor (R-545) stricted Area/Military Climb Corridor is added to read: (R-541) is added to read: 17. In § 608.55, the Tacoma, Washing­ Westhampton Beach, N ew Y ork (Suffolk Y oungstown, Ohio (Y oungstown Mu n ic i­ ton (McChord AFB), Restricted Area/ AFB) Restricted Area/Military Climb pal A irport) R estricted Area/Military Military Climb Corridor (R-546) is added Corridor (R-545) (RF-34) Clim b Corridor (R-541) (RF-33) to read: Description by geographical coordinates. Description by geographical coordinates. T acoma, W ashington (M cChord AFB), The area centered on the 039° True radial of The area based on the 142° True radial of R estricted Area/Military Clim b Corridor the Suffolk AFB TVOR (latitude 40°50'48", the Youngstown TVOR (latitude 41°15'37", (R-546) (Seattle) longitude 72°37'47” ) beginning at the con­ longitude 80°40'23'') beginning at the 5- Description by geographical coordinates. trol zone and extending to a point 27 miles mile radius Youngstown control zone and The area centered on the 316° True radial of northeast thereof and having a width of 2 extending to a point 27 miles southeast, the McChord AFB Terminal Omnirange ex­ miles at the control zone and expanding to a having a width of 2 miles at the control zone tending from the airport control zone to a width of 4.6 mUes at a point 27 miles from and expanding to a width of 4.6 miles at a point 27 statute miles northwest thereof and the control zone. ' . point 27 miles southeast of the circular having a width of 2 miles at the airport con­ Designated altitudes. The area described control zone. trol zone and expanding to a width of 4.6 above shall include the airspace between the Designated altitudes. The area described miles at a point 27 miles northwest of the following altitudes only: 2,100' MSL to above shall include the airspace between control zone. 10,100' MSL from control zone to a point 1 the f olio wing altitudes only: 3,200' MSL to Designated altitudes. The area described mile northeast of control zone. 2,100' MSL 11,200' MSL from the control zone to a above shall Include the airspace between the to 17,100' MSL from a point 1 mile to a point point 1 mile southeast of the control zone. following altitudes only: 2,300' MSL to 3 miles northeast of control zone. 2,100' MSL 3,200' MSL to 18,200' MSL from a point 1 10,300' MSL from the control zone to a point to 23,100' MSL from a point 3 miles to a point mile to a point 3 miles from the control 1 mile northwest thereof. 2,300' MSL to 5 miles northeast of control zone. 6,100' MSL zone. 3,200' MSL to 24,200' MSL from a 17,300' MSL from a point 1 mile to a point to 27,000' MSL from a point 5 miles to a point point 3 miles to a point 5 miles from the 3 miles from the control zone. 2,300' MSL to 10 miles northeast of control zone. 10,100' control zone. 7,200' MSL to 27,000' MSL 23,300' MSL from a point 3 miles to a point MSL to 27,000' MSL from a point 10 miles to from a point 5 miles to a point 10 miles from 5 miles from the control zone. 6,300' MSL a point 15 miles northeast of control zone. the control zone. 11,200' MSL to 27,000' 15,100' MSL to 27,000' MSL from a point 15 MSL from a point 10 miles to a point 15. miles to 27,000' MSL from a point 5 miles to a point 10 miles from the control zone. 10,300' miles to a point 20 miles northeast of con­ from the control zone. 16,200' MSL to MSL to 27,000' MSL from a point 10 miles to trol zone. 19,100' MSL to 27,000' MSL from 27,000' MSL from a point 15 miles to a a point 15 miles from the control zone. a point 20 miles to a point 27 miles northeast point 20 miles from the control zone. of control zone. 20,200' MSL to 27,000' MSL from a point 20 15,300' MSL to 27,000' M SL from a point 15 Time of designation. Continuous. miles to a point 2|7 miles from the control miles to a point 20 miles from the control Controlling agency. Suffolk Approach zone. zone. 19,300' MSL to 27,000' MSL from a Control. Time of designation. Continuous. point 20 miles to a point 27 miles from the control zone. Controlling agency. Youngstown Approach 10. In § 608.4Ï, the Port Bragg, North Control. Time of designation. Continuous. Carolina, area (R-115) is amended by Controlling agency. McChord CAA Ap­ changing the “Designated altitudes” to 14. In § 608.52, the Wendover, Utah, proach Control. read: “35,000 feet M S L ”. area (R-258) is amended by changing (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In ­ 11. In § 608.42, the McHenry, North the “Controlling agency” to read: “Com­ terpret or apply sec. 601, 52 Stat. 1007, as Dakota, area (R - 202) is amended by mander, Ogden Air Material Area”. amended: 49 U. S. C. 551) 15. In § 608.52, the Wendover, Utah, changing the “Description by geograph­ This amendment shall become effec­ #3 area (R-508) is amended by chang­ ical coordinates” to read: “bounded on tive on December 18, 1958. the north by latitude 47°45'00", on the ing the “Controlling agency” to read: south by latitude 47° 37'30", on the east “Commander, Ogden Air Material Area”. [ s e a l ] J am e s T. P y l e , by longitude 98°36'20", and on the west 16. In § 608.53, the Burlington, Ver­ Administrator of Civil Aeronautics. mont (Ethan Allen AFB), Restricted by longitude 98°43'00"; and the “Con­ N o vem ber 19,1958. trolling agency” to read: “Adjutant Gen­ Area/Military Climb Corridor (1^-540) eral, State of North Dakota”. is added to read: [F. R. Doc. 58-9767; Filed. Nov. 25, 1958: 8:45 a. m.] 12. In § 608.43, the Columbus, Ohio Burlington, V ermont (Eth an Allen AFB), (Lockboume AFB) Restricted Area/ R estricted Area/Military Clim b Corri­ Military Climb Corridor (R - 543) is added dor (R—540) (RF-31W ) to read: TITLE 32— NATIONAL DEFENSE Description by geographical coordinates. Columbus, Ohio (L ockbourne AFB) R e The area based on the 025° True radial of Chapter VI— Department of the Navy stricted Area/Military Climb Corrukm the Burlington, Vermont VOR (latitude (R-543) (RF-33)/ 44°23'42", longitude 73°10'54'') beginning Subchapter E— Claims at the Burlington Airport control zone and Description by geographical coordinates extending to a point 27 miles northeast P art 753—F o r e ig n N o n c o m b a t C l a im s « r » area centered on the 218° True radial o: thereof and having a width of 1 mile south­ we Appleton, Ohio VOR (latitude 40°09'04" east and 4 miles northwest of the 025° True MISCELLANEOUS AMENDMENTS agitude 82° 35'23'') beginning at the Lock radial at the control zone and tapering to a Scope and purpose. Sections 753.29, ~;ae AFB control zone and extendinj width of 4.6 miles (2.3 miles either side of 753.30 and 753.32 are revised to reflect Rtri +Wes^ northeast boundary of Re 025° True radial) at a point 27 miles north­ 51 ^rea and having a width o: east of the control zone. the underlying Department of Defense tn a011.168 at the control zone and expanding Designated altitudes. The area described regulations as recently revised (23 F. R. of 7 miles at the northeast bound' above shall include the airspace between 6839). “ 7 of Restricted Area R-109. the following altitudes only : 2,350' MSL to 1. Section 753.29 is revised to read as abovSiif7i?ie^ altitu^es. The area describee 10,350' MSL from the control zone to a point follow s: the * , , include the airspace betweei 1 mile northeast of the control zone. 2,350' 10741V altitudes only: 2,750' MSL t< MSL to 17,350' MSL from a point 1 mile to § 753.29 Claims arising in specified 1 mil irom the control zone to a poin a point 3 miles northeast of the control foreign countries. The United States l/r<3T i southwest of control zone. 2,750 zone. 2,350' MSL to 23,350' MSL from a - has ratified the NATO Status of Forces a ooinr l7*750' MSL from a point 1 mile t< point. 3 miles to a point 5 miles northeast Agreement (4 U. S. T. 1792) and has 274/v >,2TrrL^es southwest of control zone of the control zone. 6,350' MSL to 27,000' entered into and contemplates entering •biles t to 23.750' MSL from a point ! MSL from a point 5 miles to a point 10 miles into, other similar agreements with 6 75n» vl0a Point 5 miles from control zone northeast of the control zone. 10,350' MSL foreign countries. Article VIII of the •biles f 51, 27,000' MSL from a point i to 27,000' MSL from a point 10 miles to a 10 74rv 0»it,Point 10 miles from control zone NATO Status of Forces Agreement and point 15 miles northeast of the control zone. •biles ^ 27*000' MSL from a point If certain provisions of other agreements b o rt h ,of control zone to thi 15,350' MSL to 27,000' MSL from a point 15 boundary of R-109. miles to a point 20 miles northeast of the are inconsistent with the continued un­ c Z r l designation- Continuous. control zone. 19,350' MSL to 27,000' MSL restricted use of the Foreign Claims Act Coutrol mp agen°y- Columbus Approacl from a point 20 miles to a point 27 miles and its implementing regulations in northeast of the control zone. certain countries. It is, therefore. 9136 RULES AND REGULATIONS directed that the directives of the cogni­ under this Act by foreign claims and company officials; 'that employees zant area commander be cohsulted and commissions. therefore, who fill out the reports aré! that claims not be referred to foreign (Sec. 6011, 70A Stat. 375; 10 U. S. C. 6011) under tremendous pressure by superb claims commissions until it has been visors who are more interested in pro-! determined that such action is not incon­ By direction of the Secretary of the ducing good speed of service reports than sistent with the provisions of the afore­ Navy. they are in producing good speed of sen- mentioned agreements and their imple­ C h e st e r W ard, ice; and that under such practice, work­ menting directives. A Department of Rear Admiral, XJ. S. Navy ing employees are frequently directed to Defense notice published on September Judge Advocate General of the Navy. falsify reports or to evade the Commis­ 5,1958 (23 P. R.6839) directs that, where N o v e m b e r 17, 1958. sion’s regulations. The ACA proposes a single service has been or may be as­ that the Commission conduct its own [F. R. Doc. 58-9773; Filed, Nov. 25, 1958; signed responsibility for claims in a 8:46 a. m.) speed of service surveys at selected offices particular country or area, all reimburse­ in all types of communities throughout ments, settlements or payments that the United States instead of requiring may be made in such country or area TITLE 47— TELECOMMUNI­ Western Union surveys at the 75 speci­ under the Foreign Claims Act (10 fied cities. In support of this proposal, U. S. C. 2734) and the M ilitary Claims CATION the A C A contends that under such pro­ Act (10 U . S. C. 2733) shall be made Chapter I— Federal Communications cedure the offices selected will not know normally by that service. In countries in in advance whether they are to be which the NATO Status of Forces Agree­ Commission checked; that there will be a correspond­ ment or a similar agreement is in force, (Docket No. 12495; FOC 58-1110] ing incentive to the company to maintain accidents which may give rise to a tort [Rules Arndts. 1-9 and 64-12] speed of service at a high level'aH over claim against the United States arising the country; and that any list of cities, from acts or omissions of naval person­ P art 1— P ractice and P rocedure however comprehensive, will necessarily nel, or members of the civilian compo­ P art 64— M iscellaneous R u l e s R e la t ­ leave out certain large population centers nent of the naval service, including in g t o C o m m o n C arriers in which speed of service may be of criti­ claims for death or personal injury re­ cal importance. sulting frofn the navigation or operation d o m e s tic t e le g r a ph speed o f ser vice 5. W e are of the opinion that the mak­ of a ship, or in the loading, carriage or s t u d ie s ing of regular daily speed of service j discharge of its cargo will be investigated 1. On June 18, 1958, the Commission studies in the various cities and offices,! and reports will be made in accordance adopted a Notice of Proposed Rule Mak­ such as those prescribed by the Commis­ with the instructions promulgated by the ing in the above-entitled matter, which, sion in these rules, is more appropriately cognizant naval commander. was published in the F ederal R egister the responsibility of management.. Our on June 25, 1958 (23 F. R. 4644), in ac­ review and investigations of speed of 2. Section 753.30 is revised to read as service reports over the past several years follows: cordance with section 4 (a) of the Ad­ ministrative Procedure Act. ThiS notice have not disclosed inaccurate company § 753.30 dross-servicing. A Depart­ proposed that § 1.486 of the Commission’s reports of this nature and there appears ment of Defense notice published on rules be amended by the addition of to be no reason for anticipating inac­ September 5, 1958 (23 F. Rl 6839) pro­ certain new text and that Subpart B of curate reports in the future. According­ vides that any claim, which may be set­ Part 64 of the rules be amended by de­ ly, the making of speed of service studies tled under the provisions of the Foreign leting the present text of §§ 64.201 by the Commission’s staff comparable Claims Act and the Military Claims Act through 64.283 and inserting new to those proposed in these rules is not may be settled by any commission or §§ 64.201 through 64.295. The proposed warranted. Furthermore, in view of lim­ commissions appointed by the Army, Air amendments, among other things, re­ itations placed on the Commissions Force, Navy or Marine Corps under the quire The Western Union Telegraph budget and personnel, studies by its staff provisions thereof, without regard to the Company to conduct daily origin to comparable to those proposed in these service of the military tort-feasor. See destination speed of service studies at 75 rules are not feasible. The ACA allega­ § 753.29 in regard to areas in which specified cities throughout the United tions concerning the conduct of company cross-servicing is mandatory. States. Interested parties were given employees and supervisors in the making until August 1, 1958, to file comments on of speed of service studies are without 3. Section 753.32 is revised to read as supporting facts and are denied in the. follows: the proposed rules and this time was sub­ sequently extended to September 1,1958, company’s response. Moreover, past in- j § 753.32 Settlement authority under pursuant to the request of the American vestigations conducted by the Comps* ; the Military Claims Act (10 XJ. S. C. 2733). I Communications Association, "herein­ sion’s staff with respect to the company J A Department of Defense notice pub­ after referred to as the ACA. Fifteen procedures in making speed of servic lished on September 5, 1958 (23 F. R. additional days were allowed for filing studies under the present rules, have in­ closed no irregularities of the natur i 6839) provides that any claims, whether comments in reply to the original com­ suggested by the ACA. We agree tha , Army, Air Force, Navy or Marine Corps, ments. insofar as possible, speed of service sur­ which may be settled under the provi­ 2. The Commission received timely sions of the Foreign Claims Act or of the comments from Western Union and the veys should be made in all types ofc0 munities throughout the United Sta • Military Claims Act, may be settled by ACA. Western Union submitted & reply To this end, the number of cines a any commission or commissions ap­ to the original comments filed by the which origin to destination speed of se pointed under the regulations of any of ACA. No other comments were filed and ice reports is required to be by the above-listed services, without regard no one requested a public hearing or oral made, company under these rules is being to the service of the military tort-feasor. argument with respect to this matter. creased from 25 to 75. The 75 citie Department of Defense notice of Decem­ 3. Western Union expresses agreement which studies will be required were ber 14,1953 (18 F. R. 8513) directs settle­ with the proposed rules, with the excep­ lected on the basis of cities handling ment of claims in certain instances aris­ tion of minor clarifying language largest volume of terminating messag ing from the activities of Military Assist-„ changes suggested with respect to These cities handle approximately ance Advisory Groups, or of the military § 64.295 relating to additional speed of percent of the total systemwide te personnel or civilian employees thereof service reports required. These sugges­ nating traffic. It appears to us tna which are otherwise cognizable under the tions have been considered and are being reports required for this large nu Military Claims Act. 'See § 753.29 in re­ adopted with certain modifications. of cities will, for all. practical purP ’ gard to areas in which cross-servicing is, 4. The ACA suggests that satisfactory furnish a reasonable and reliable ^ mandatory. The regulations imple­ speed of service surveys are possible only menting this statutory settlement au­ if those surveys are made by the Commis­ urement representative of fhe «cage systemwide origin to destination tae thority are contained invthe Navy Gen­ sion rather than the telegraph company. eral Claims Regulations (Part 759 of this In support of this suggestion, the ACA service. The speed of service rep^ chapter) and will be followed, as far as states that the reports prepared' by 'em­ required are, among other thins > , applicable, in the settlement of claims ployees will be checked by supervisors signed to measure the overall i I Wednesday, November 26, 1958 FEDERAL REGISTER 9137

from the time messages are filed at any through message centers should be the telegraph industry. Loads decline telegraph service point in thè United acknowledged as promptly as possible^ sharply after 6 p. m. and on Saturdays [gtates until the time they are delivered The telegraph company’s response in and Sundays due to the general business at any of the specified 75 cities. Accord­ this matter states that supervisory atten­ observance of the 5-day week and the ingly, the required studies will, in effect, tion in this matter is as a matter of 8 -hour business day. For instance, load measure speed of service on messages regular routine given continuously to studies of the telegraph company indicate 'handled generally throughout the United insure prompt acknowledgments. The that, on the average, approximately 80 States. We are also aware of certain Commission expects Western Union to percent of the full-rate terminating tra f­ advantages accruing from unannounced continue to take such steps as may be fic at the 75 cities for the entire 24-hour [checks of speed of service performance warranted to provide for the prompt period, 7 days a week, is handled Monday (and, accordingly, the Commission’s staff, acknowledgment of tieline messages. through Friday between the hours of 9 [to the extent that our budget permits, 8 . The ACA suggests that the filing a. m. and 6 p. m. The remaining 20 [frequently makes such checks in all types time of messages picked up by messenger percent of the full rate traffic during the [of offices and communities in the United defined in § 64.202 as the time the mes­ evening and weekend periods is handled [states, thereby supplementing the re­ senger returns to the office from the when the rqajority of patrons’ business quired studies made by the company. In pickup run, should be the time the mes­ offices are closed. [view of the foregoing, the A C A proposal senger leaves the office plus one-half the It would be impractical to tally speed for surveys by the Commission is not be- interval between the time he leaves and of service during such off-hours because [ing adopted. the time he returns. nearly all of such traffic is held by West­ 6. The ACA proposes, that, for 9. Messengers frequently pick up mes­ ern Union pursuant to patrons’ instruc­ [accuracy purposes, the filing time of sages while in the process of delivering tions until their business offices reopen. [messages filed over tielines defined in other messages at a given patron’s office, In view of the above, the AGA proposal ¡64.202 as the time receipt of the mes­ or the messenger may continue, on a de­ regarding this matter is not being sage is acknowledged by the company, livery route for the purpose of delivering adopted. We. are mindful, however, of [should be determined by requiring all other messages before returning to the the nqed for the rendition of reasonably [customers to place the filing time on such telegraph office with the messages picked adequate service during nights and [messages. The ACA states that if up for filing. Such variables will fre­ weekends and, to this end, the Commis­ messages were always acknowledged quently introduce inaccuracies in the sion’s staff, from time to time, makes promptly, the proposed definition of speed of service measurement under the unannounced checks and reviews of off- filing time for tieline messages would be ACA suggestion. Moreover, as mentioned hour service performance. The company satisfactory, but that such messages are in paragraph 7 supra, it is felt that in states in its response that it recognizes frequently* permitted to accumulate for the interest of providing an equitable and the need for maintaining a satisfactory [long periods of time until an operator is accurate measurement for all originat­ speed of service during these off-hours free to acknowledge them. ing messages, the filing time, generally, and that, accordingly, regular off-hour [ 7. In the interest of providing an should be the time the message is re­ service observations are carried out. I equitable and accurate method of deter­ ceived at the telegraph office and the The Commission expects Western Union mining filing time, the proposed rules transaction with the sender is completed. - to continue to take such steps as may be generally provide that, regardless of the This suggestion, therefore, is not being warranted to assure that reasonably method of filing, the filing time shall be adopted. adequate service is provided in connec­ the time the message has been received 10. The ACA refers to § 64.221 and tion with its night and weekend traffic. at the telegraph office. If the suggested states that this section provides for speed 14. It appearing that the proposed I definition were adopted with respect to of service checks to be made monthly; rule making proceeding in this matter ,all types of tieline messages, it would that such period of time is too long be­ has indicated the desirability of adopt­ mean that in certain instances the tween checks, permitting a general ing these rules substantially in the form handling time would begin to run before slackening of effort for a considerable proposed except as outlined herein ; the message is correctly received at the period of time after a check is m ade; and "T5. It is ordered, That under the au­ telegraph office. The proposed defini­ recommends that speed of service checks thority contained in sections 4 (i), 201 tion would enhance the opportunity for be made weekly. and 218 of the Communications Act of inaccuracies in those cases where errors 11. It appears that the ACA is in error 1934, as amended,*the Commission’s rules |^e mhde by customers in placing the as the section mentioned refers to reports and regulations are aménded as set forth I ng tune on messages and where varia- of the studies required to be filed monthly below, effective January 1, 1959. Hifff e3^ in the keeping of time by with the Commission. Sections 64.225 Adopted: November 19,1958. c^oc^s and time devices main- and 64.241 require that speed of service rmn ttt vari°ns customers. More- tallies be made for each of the days, Released: November 21; 1958. n J.’. western Union would not be in a M onday through Friday, except as other­ S 10,11 to> exercise direct supervisory wise provided in the? rules. F ederal C ommunications 0Ver accuracy of filing times 12. The ACA suggests that the rules C o m m is s io n / : on tetegrams by all tieline' be amended to extend the proposed time [ s e a l ] M a r y J a n e M o r r is, is nn+1ifrs‘ Accordingly, this suggestion for making speed of service studies, i. e., Secretary. : to on +emg adopted insofar as it relates 9 a. m. to 6 p. m„ Monday through Friday, 1. Amend § 1.486 of Part 1 to read as ever ^ypef tieline messages. How- so as to provide for the studies to be follows; I onerativi +tii0Se cases Where patron- made on a 24-hour basis, 7 days a week. I intn A “ ?lmes are directly connected In support of this suggestion, it is stated § 1.486 Reports regarding domestic teWrf]Iltchmg centers and outgoing that while the volume of message traffic telegraph speed of service. The W estern i thrmicrv?1^ are transmitted automatically declines after 6 p. rti. and over weekends, Union Telegraph Company shall furnish i rehanHu SU

2. Amend Subpart B of Part 64 of thethe stamped received time placed on the routed out are “first attempts.” The rules by deleting the present text of message upon removal from the druhi. -time of the first attempt to deliver shall §§ 64.201 through 64.283 and inserting Where-messages are filed over teleprinter be the time routed out plus one-half of the following: tielines directly connected into switching the interval from the time routed out to centers, the filing time shall be the time the time returned. SUBPART B— DOMESTIC TELEGRAPH- SPEED OF placed on such telegrams by the patron . at a reperforator office, the time delivered tion speed of service studies and the suo- 64.295 Additional speed of service reports is the time the reperforated tape for a mission of reports thereof, (a) ™ required. message has completely passed through Western Union Telegraph Company! the line transmitter. Au th o r ity: {Hi 64.201 to 64.295 issued un­ shall conduct monthly origin to destma- der sec. 4, 48 Stat. 1060, as amended; 47 (f) When delivery is made by mes­ tion speed of service studies in: accor 1 U. S. C. 154. Interpret or apply secs. 201, senger, the time delivered, or the time of ance w ith the provisions of §§64.2iu 218, 48 Stat. 1070, as amended, Î077; 47 the first attempt to deliver, for each mes­ 64.295 in the following seventy-»^ U. S. C. 201, 218. sage on the route shall he the time cities: Akron, Ohio: Albany; N. *•» ‘ routed out phis one-half the interval DEFINITIONS lanta, G a.;1 Baltimore, Md.; from the time routed out to the time ham, Ala.; Boston, Mass.;1 Bridgeport, § 64.201. Origin to destination speed of returned. Conn.; Buffalo, N. Y.; Charlotte, h •’ service. The time interval between the Chattanooga, Tenn.; Chicago, Hi-> time of filing, adjusted for time zone § 64.204 First attempt, (a) In the case of telephone delivery, the time the cinnati, O h io ;1 Cleveland, Ohio; C differences, and the time of delivery by bus, Ohio; Dallas, Tex.;1 Dayton,*JW ■ telephone, by tieline or by messenger. addressee’s telephone is reported to be busy or not answered, or reported out of Denver, Colo.; Des Moines, Iowa, u ; § 64.2Q2 Time filed. The time a. mes­ order, or the addressee oir someone Mich.;1 Elizabeth, N. J.; ElJ3^ 0’ J sage is first accepted at an. office for authorized to accept the message is not Ft. Wayne, Ind.; Ffc. Worth, Tex., transmission, except as otherwise pro­ available to receive the message. Rapids, Mich-.; Hartford, Conn, h _ vided' in this section. (b) > In the case of tieline delivery, theton, Tex.; Indianapolis, Ind. jJ ^j (a) In the case of messages filed or time of first attempt is the time trans­ ville, Fla.; Kansas City, corrected over the telephone, the time mission is attempted but could not be Tenn.; Long Beach, Calif.; tos ATenD.; the transaction with the sender is com­ made because the .addressee did not C alif.;1 Louisville, Ky.; M em phis. pleted. shall be the time filed. answer or, having answered, requested Miami, Fla.; Milwaukee, Wis.; (b) In the case of messages filed over later transmission. Two minutes later olis, M in n .;1 Nashville, Tenn., ,ean3 manually terminated teleprinter tielines, than, such time is the time of first at­ N. J.; New Haven, Conn.; New 0™* the filing time shall be the acknowledg­ tempt for facsimile tieline messages. La.;1 New York. N. t .i ment or stamped received time whichever (c) In the case of messenger delivery, Oakland, Calif. ; 1 Oklahoma City, is earlier. Where messages are filed over business messages returned to the office a telefax tieline, the filed time shall be undelivered for any reason when first 1 Reperforator offices. Wednesday, November 26, 1958 FEDERAL REGISTER 9139

maha, Nebr.; Passaic, N. J.; Peoria, § 64.228 Company instructions to of­ card for each 100 messages of delivered i • Philadelphia, Penn. ; 1 Phoenix, Ariz.; fices making studies. Two copies of all load and one card for 6ny excess of 50 ittsburgh, Penn.; Portland, Oreg. ; 1 general instructions (and of any amend­ or more. Where the average delivered evidence, R. I.; Richmond, V a . ; 1 Roch- ments thereto) issued to field offices for load is between 50 and 100 messages per ster, N. Y.; Rockford, 111.; St. Louis, the purpose of complying with § 1.486 of day, one card shall be prepared. The o;’1 St. Paul, Minn.; Sacramento, this chapter and § 64.201 to 64.295 shall cards for the tieline method, in addition Wif.; Salt Lake City, U tah; San Antonio, be filed with the Commission upon issu­ to identifying the office, shall also iden­ [Tex.; San Diego, Calif.; San Francisco, ance. tify whether the delivery is by manual teleprinter tielines, tieline switching, tie­ alif.; San Jose, Calif.; Seattle, W ash.; § 64.229 Summary reports. The re­ lines directly connected to line transmit­ (Spokane, Wash.; Springfield, Mass.; sults of tallies of speed of service shall be ters, or telefax, and these cards when (Syracuse, N. Y . ; 1 Tampa, Fla. ; Toledo, summarized monthly on F. C. C. Form drawn shall be sampled as described Ohio; Tulsa, Okla.; Washington, D. C.; 338-B, Monthly Summary of Origin to Wichita, Kans.; Wilmington, Del.; in this section and § 64.271. Destination Speed of Service, as revised. (2) Where the volume of traffic for a Worcester, Mass. A statement of any dates during the given delivery method in a city calls for [(b) Reports thereof in quadruplicate month on which speed of service tallies Shall be filed with the Commission not preparation of 3 cards or less, the prep­ were suspended at any city (pursuant aration of such cards will not be re­ ¡ater than the twenty-fifth day of each to § 64.227), together with the reasons, quired. In such cases if more than one succeeding month in accordance with and explanations for any abnormal serv­ delivery office is involved, the number of 1.486 of this chapter. ice, shall be placed on the back of the tallies at eaeh such-delivery office shall I §64.223 Types of messages to be form. be in the same ratio as its load bears Mlied. Of the messages selected as ORIGIN TO DESTINATION SPEED OF SERVICE; to the total delivery load. hereinafter provided, the following shall GENERAL PROCEDURE (3) The cards shall be separated into tallied by time intervals on speed of separate decks, one for each method nice tally sheets: Domestic Full Rate § 64.241 Volume of messages to be of delivery. The number of cards to eluding Government and CAK, Domes­ tallied. At each city studied there shall be drawn each day'for a method of tic Pull Rate Money Order, and CND. be sampled for each method of delivery (telephone, tieline, and messenger) for delivery shall be determined by dividing ¡64.224 Exclusion of messages from each of the days of the period prescribed the required daily number of tallies by ly. Messages, other than those spee­ in § 64.225 one-half of one percent of the 5 and rounding off to the nearest whole ded in § 64.223, shall not be tallied, 24-hour daily average load of messages number. hese messages include among others: delivered by that method, but not less (4) The deck of cards for a delivery (Service, Wire, Press, International than a minimum of 15 messages per day method shall be thoroughly shuffled face fINTL), messages originating in Canada, -per delivery method. For a given city if down followed by a cut of the deck. The exico, and other “domestic” points out­ one-half of one percent of the daily, required number of cards for the delivery ride the continental United States, Day average load of messages during the method shall be drawn from the top of tter, Night Letter, Deadhead, messages period prescribed in § 64.225 for all the deck. The shuffling and drawing (sent over Morse circuits and commission methods of delivery combined is less than shall be done after 7:00 p. m. on the day gency circuits for delivery, confirmation 45 messages per day, then the minimum of transmission. opies of messages previously delivered, number of messages to be sampled per (5) For each card drawn from the fond messages delayed in delivery due to day shall be 15 messages delivered by deck for a method of delivery, 5 mes­ ecial instructions of the sender or telephone, 15 messages delivered by tie­ sages shall be tallied. In the case of (tidressee. line, and 15 messages delivered by mes­ th'i deck of tieline cards, for each card § 64.225 Hours to be included. Speed senger. drawn 5 messages shall be tallied for the ^1 service studies shall be made on mes­ office and for the specific tieline method § 64.242 Computation of daily load sages delivered between the hours of listed on the card (manual ‘ teleprinter for each delivery method. The 24-hour P:00 a. m. and 6:00 p. m., local time, tielines, tieline switching, tielines directly daily average delivered message load Monday through Friday, except as pro­ connected to line transmitters, or telefax shall be determined quarterly for each ved in §§ 64.227, 64.261 and 64.282. tieline). If the required daily sample method of delivery (telephone, tieline, for a method of delivery (telephone, all ! 64.226 Tallies; when made. Speed and messenger) on the basis of messages tieline methods combined, or messenger) of service tallies shall be made after delivered during March, June, Septem­ is one more than an even multiple of P:00 p. m. of the day of transmission but ber and December on all days, Monday 5, 6 instead of 5 messages shall be pot later than the day following trans­ through Friday, required to be studied. tallied at the office designated for the mission, except as follows: ■ A ll company operated offices in each dity first card drawn. If the required sample (a) Any tally thus scheduled to be delivering messages shall be included. is 2 more than a multiple of 5, 6 pade on a holiday or a Saturday may be § 64.243 Selection of offices for tally­ instead of 5 messages shall be drawn for ¡postponed until the following business ing. (a) Sampling for origin to destina­ each of the first 2 cards drawn. If the tion speed of service in each method shall required sample is 1 or 2 less than an Ltally of messages delivered b y ' be limited to those offices in each city even multiple of 5, 4 messages instead IJri® direct from line transmitters which deliver an average of 50 or more of 5 shall be tallied for the first or- must be observed at the time of messages daily by telephone or by tie­ each of the first 2 cards drawn. transmission to the customer. line, or deliver by messenger an average ( 6) At reperforator offices having tie­ lines directly connected to line trans­ «w fi'2*7 Suspension of tallying, (a ) of 50 or more messages daily on business mitters, cards when drawn shall apply to with11 °f serv*ce tallies shall not be taken routes: Provided, however, That if none the next observation period between ¡fniiA„respect t° messages handled on the of the offices in a city deliver 50 or more messages daily in a particular method of 9:00 a. m. and 6:00 p. m., local time, b ffw ng^ ° ^ The office and delivery methods to messages to be tallied from the delivered be sampled each day shall be determined message file of any method at any office event of a serious and un­ as follows: shall be determined from the identifying ihat - .^municatipn emergency such as (1) A set of cards shall be preparedwire number as follows: m rpcnA ^ py tf°°d, earthquake, strike which includes one or more cards for v (1) A set of ten cards shall be pre­ k S f i dent’s emPloyees, or fire, tally- each delivery method in each office in the pared, each card bearing one of the digits [l^besuspended. city, except for the exclusions covered by 0 to 9. paragraph (a) of this section. For each (2) The ten cards shall be thoroughly ^Perforator offices. method in each office there shall be one shuffled face down followed by a cut of No. 231— — 4 9140 RULES ANÎD REGULATIONS

the deck. The digit appearing on the drawn after completion of the cut. The r (c) For messages delivered by tieline top card after completion of the cut shall file shall be searched beginning with the direct from line transmitters, the follow­ determine selection of the messages to be hour drawn for individual messages ing tally routine shall be used: tallied. Messages in the flies delivered whose identifying wire number ends in (1) The name or designation of each between 9:00 a. m. and 6:00 p. m., local the digit drawn. If, after complete outgoing line transmitter directly con­ time, on which the identifying wire num ­ search of the file for messages delivered nected to a tieline shall be entered on a ber ends in the digit selected shall be between 9:00 a. m. and 6:00 p. m., local list of consecutively numbered cards withdrawn for tallying until the quota time, the quota for tallying is not ob­ The designation of these channels on for the day has been obtained. tained, the succeeding hours shall be the list cards shall be arranged so as to (b) Offices using more than 2 com­ used. facilitate examination of the line trans­ partments for the separate filing of mes­ (d) Offices delivering messages by mitters. sages delivered by telephone, by telefax messenger shall select individual mes­ (2) Each line transmitter at reperfo­ or by manual teleprinter shall select sages of the types named in § 64.223 from rator relay offices used in the delivery of compartments or groups of messages business route records in accordance with telegrams directly to tieline customers from the files for each method in the fol­ paragraphs (a) and (c) ( 2) of this shall be observed. Where a single tie­ lowing manner: section. line is associated with one line trans­ (1) Each compartment designation of (e ) Offices filing delivered messages mitter only, the first message of the types the file cabinets, containing messages de­ in any other manner than those indi­ named in § 64.223 which it is possible to livered, shall be entered on a card. This cated herein shall arrange their files to tally by time interval shall be tallied. covers filing alphabetically by name— to meet these requirements of sampling. Where several tielines are associated or by customer call letters, in number with one line transmitter, a total number sequence, in delivered time order or by ORIGIN TO DESTINATION SPEED OF SERVICE; MESSAGES DELIVERED BY TELEPHONE of messages equal to the number of tie­ concentrator units. Where large groups lines in the group shall be tallied. of messages have in the past been filed § 64.261 Selection and tally, (a ) O f­ Thereafter, the tally clerk shall move to without subdivision, subdivisions of such fices and messages selected for tallying the next, tieline or group of tielines, ob­ groups shall be made. Each subdivision each day in any city shall be determined servations continuing until the required shall be entered on a card so that there in accordance with §§64.241 to 64.244. number of messages has been tallied. will be a representative number of cards (b) Each message of the type de­ If, after observing any tieline or group of for the number of messages in such scribed in § 64.223 which was delivered tielines for a period of two minutes with­ groups. by telephone between the hours of 9:00 out tally the clerk shall move to the next (2) . The entire set of cards shall bea. m. and 6:00 p. m., local time, shall be line transmitter concerned. If, after all thoroughly shuffled face down and the tallied, unless previously dispatched for listed tieliHes have been examined, an deck cut, the compartment designation physical delivery by messenger or by insufficient number of messages have appearing on the top card after comple­ mail. - been tallied, observations shall be con­ tion of the cut shall determine the groups (c) The interval of time to be tallied tinued starting with the first tieline of messages from which tallies will be for each message selected shall be from observed that day. The last tieline ex­ made. If additional groups are required the time filed to the time delivered or amined on one observation shall be the in order to tally the required quota of to the time of the first attempt (see first tieline examined on the next obser­ messages, one or more additional cards §§ 64.203 and 64.204). vation drawn. shall be drawn and used in the order of (3) I f it is not necessary to observe ORIGIN TO DESTINATION SPEED OF SERVICE; their appearance in the pack from the messages continuously between 9:00 MESSAGES DELIVERED BY TIELINE top down. a. m. and 6:00 p. m., local time, to secure (3) Individual messages of the types § 64.271 Selection and tally, (a ) For the required number of tallies, the hours named in § 64.223 shall be withdrawn messages delivered by telefax and man­ during which tallies are made shall be from the selected group or groups of ual teleprinter tielines, offices and mes­ staggered from day-to-day so that each compartments for tallying by selecting sages selected for tallying each day in hour of the interval from 9:00 a. m. to those whose identifying wire number any city shall be determined in accord­ 6:00 p. m., will be sampled as often as ends in the digit drawn. ance with §§ 64.241 to 64.244. every other hour of that interval. (c) Offices using not more than 2 com­ (b) For messages delivered by tieline (d ) The interval of time to be tallied partments for the separate filing of mes­ switching equipment, the following for each message selected shall be from sages delivered by telephone, by telefax method for selection of messages to be the time filed to the time delivered or or by manual teleprinter shall select tallied shall be used: to the time of the first attempt (see individual messages from the files for (1) Each roll of monitor tape, on ' §§ 64.203 and 64.204). which are recorded copies of messages each method in the following manner: ORIGIN TO DESTINATION SPEED OF SERVICE! delivered by tieline switching equipment (1) Where delivered messages are filed MESSAGES DELIVERED BY MESSENGER alphabetically, a card for each letter of shall be designated with a separate the alphabet shall be prepared. The set number. § 64.281 Route record data. At aU of cards shall be shuffled face down and (2) A number card shall be prepared offices in the cities enumerated in § 64.221 the deck cut. The top card shall be for each numbered roll of monitor tape. Where tallies are required to be made, drawn after completion of the cut. The The entire set of cards, representing an the following shall be entered on route file shall be searched beginning with the equal number of monitor rolls, shall be records: (a) The identifying wire num­ letter of the alphabet drawn for indi­ thoroughly shuffled face down daily and ber of each business message; (b) the vidual messages of the types named in the deck cut. The required number of time filed, including the time zone, fo § 64.223 whose identifying wire number cards shall be withdrawn from the top of each domestic full-rate business messag^ ends in the digit drawn. If, after com­ the deck after completion of the cut to except for confirmation copies ofbu®- ness messages previously delivered; (cj plete search of the file for messages de­ determine the monitor roll or rolls from the time a messenger is dispatched o livered between 9:00 a. m. and 6:00 p. m., which tallies will be made. These cards local time, the quota for tallying is not each route carrying business message > shall be withdrawn and used in the order and (d) the time of return from t obtained, the succeeding card or cards of their appearance in the pack from the route. shall be used as described in paragraph top down. (b ) (2) of this section. (3) A digit shall be selected, aa out­ § 64.282 Selection and tally. 9*1 (2) W here delivered messages are filed fices and messages selected for tally: lined in § 64.244 (a ). in sent number séquence or in delivered each day in any city shall be determ (4) Each message of the types named time order or route records are filed in in accordance with §§ 64.241 throug in § 64.223 in the selected monitor tape route out or return time order, a set of 64.244. 9 cards shall be prepared,' each card rolls transmitted between 9:00 a. m. and (b) Each business message °f th® tyP® bearing one of the hours 9 a. m. to 10 6:00 p. m„ local time, on which the described in § 64.223 which was delivery a. m. through 5 p. m. to 6 p. m. The set identifying wire number ends in the by messenger between the hours oi • of cards shall.be shuffled face down and digit selected shall be tallied, until the a. m. and 6:00 p. m., local time, shai , the deck cut. The top card shall be quota is obtained. tallied, except that messages den ;flillililll x i t Sililii Wednesday, November 26, 1$58 FEDERAL REGISTER 9141

by telephone and subsequently dis­ The Commission having under consid­ Amend § 3.614 (b), as follows: patched for physical delivery by mes­ eration § 3.614 (b) of its rules and regu­ . 1. Insert footnote designator1 after senger need not be tallied. lations which provides, in part, that the “37 dbk (5000 kw) ” in the table. (c) The interval of time to be tallied maximum effective radiated power of 2. The following footnote to the table for each message selected shall be from television broadcast stations operating is inserted: the time filed to the time delivered or to on Channels 14-83 is 5000 kw (37 d b k ); 1 The maximum visual effective radiated the time of the first attempt (see § § 64.203 and power of television broadcast stations oper­ 'and 64.204). It appearing, that section C of the ating on Channels 14-83 within 250 miles Canadian-JJSA Television Agreement, of the Canadian-USA border may not be in ORIGIN TO DESTINATION SPEED OF SERVICE; entered into force on June 23, 1952 excess of 30 dbk (1000 k w ). SUMMARY (TIAS 2594), provides that all station [F. R. Doc. 58-9802; Filed, Nov. 25, 1958; § 64.291 Origin to destination speed assignments on Channels 14-83 within an 8:52 a. m.] of service reports. Reports of Origin to area of 250 miles on either side of the Destination speed of service sampling at border between the Dominion of Canada each city designated in § 64.221 shall be and the United States of America shall summarized for all cities studied show­ have an effective radiated signal in any. [Docket No. 12567; FCC 58-1104] ing separately for each delivery method, vertical or azimuthal plane not in excess [Rules Arndt. 4-13] telephone, tieline and messenger, the of 1000 kvv; and number of messages tallied, average It further appearing, that, through P art 4— E xperimental, A u x il ia r y , and speed of service in minutes, the percent oversight, in amending § 3.614 (b) in S pecial B roadcast S ervices delivered in the stated number of m in­ 19561 to raise the maximum powers of television broadcast translator utes, a weighted average summary for the UHF television stations on Channels 14- STATIONS 75 cities an d the weighting factors for 83 from 1000 kw <30 dbk) to 5000 kw each city. The weighting factor for each (37 dbk), the maximum effective ra ­ In the matter of amendment of method of delivery for each city shall be diated power of television broadcast sta­ §§ 4.735 and 4.750 of the Commission’s that proportion of the total delivered tions operating on Channels 14-83 within rules and regulation's to permit television load in th at method and city to the total 250 miles of the Canadian-USA border broadcast translator stations to employ delivered load in the same method for was not excepted from the amendment 108 watts maximum transmitter power the 75 cities. and the power of such stations limited output. to 1000 kw (30 dbk) in conformance with 1. The Commission has before it for § 64.295 Additional speed of service provisions of the Canadian-USA Tele­ consideration its Notice of Proposed Rule reports required, (a) The Western vision Agreement; and Making (FCC 58-778), issued in this Union Telegraph Company shall file with It further appearing, that § 3.614 (b) proceeding on August 5, 1958, proposing the Commission for its information, not of the rules should be amended to reflect to change the transmitter output power later than the 25th day of each succeed­ the maximum effective radiated power limitation for translator stations from a ing month, reports in quadruplicate of specified by the existing Canadian-USA maximum of 10 watts to a maximum of the following speed of service studies for Television Agreement for Channels 14- 100 watts. as long as the Company deems them nec­ 2. Several participants in the proceed­ essary for its supervisory purposes: 83; and - It further appearing, that, the amend­ ing which led to the authorization of Ü) Originating messages: A measure­ television translators suggested an in­ ment at each of the 75 cities of the aver­ ment herein ordered conforms the Com­ mission’s rules to the provisions of an crease in the maximum transmitter age interval from time filed to time sent power output of translators above the 10 into the reperforator or trunk system existing international agreement, and that general notice of proposed rule watts then proposed. At that time, the and the percent, within 25 minutes. Commission concluded that the 10 watt (2) Relay messages: A measurement making, pursuant to section 4 of the Administrative Procedure Act, is unnec­ maximum power requirement should be at each reperforator office of the interval retained until data based upon actual ex­ on (i) traffic received from m anual offices essary and contrary to the public inter­ perience with translators was obtained. working directly into it, ihcluding reper­ est and the amendment should, for the same reasons, be made effective immedi­ The first translator began operation in forator local positions ffbm the digit October 1956. At^present there are over tune to the time the message passes ately; and 140 such stations bringing television through the line transmitter, and (ii) It further appearing, that the au­ service to outlying communities and traffic received from another reperfo­ thority for the amendment adopted areas. No significant interference prob­ rator office, from the digit time to the herein is contained in sections 4 (i) and lems are known to have arisen, either to time the message passes through the line 303 (r) of the Communications Act of other translators or to stations of other transmitter at the reporting reperforator 1934, as amended, and section 4 of the services. omce. Each of these two reports shall Administrative Procedure Act; 3. All parties who filed comments in now the average speed of service in It is ordered, That effective November this proceeding favor the proposal to mutes and the percent completed 28, 1958, § 3.614 (b ) of the Commission’s permit translators to employ a maxi­ ltnin io minutes on traffic received rules and regulations is amended as set mum transmitter power output of 100 tnanual offices, and the percent forth below. watts, although one party opposes in (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. «!!?• j within 15 minutes on traffic part.1 These comments point up the « w » from other reperforator offices, 154. Interprets or applies sec. 303, 48 Stat. 1082, as amended; 47 U. S. C. 303) need to extend the service area of trans­ timi /Two cop*es ° f aH general instruc- lators. This can be accomplished most °f any amendments thereto) Released: November 21, 1958. practically by increasing the permissible tinn f ®el(* offices for the prepara­ power output of the transmitters. tion i, sludies required by this sec- F ederal C ommunications C o m m is s io n , 4. Springfield Television Broadcasting unrm • ^le(l with the Commission uPon issuance." [ seal] M arx Jane M orris, Corporation and Texan Translator and Secretary. TV network assert that the present tp- R. Doc. 58-9801; Filed, Nov. 25, 1958; power limitation dictates the use of a 8:52 a.m .] 1The record in Docket No. 11433, wherein the proposal to increase the maximum ef­ 1 Lenkurt Electric Company opposes the fective radiated power for television stations power increase for translator stations op­ on Channels 14-83 was under consideration, erating in the band 840-890 Me. This party [Rules Arndt. 3-128; FCC 58-1105] was incorporated in Docket" No. 11532, the has filed a petition for rule making looking general television allocation proceeding, on to the reallocation of the band 840-890 Me Pari 3—Radio B roadcast S ervices December 14, 1955 (Memorandum Opinion to common carrier fixed services. The sub­ and Order, FCC 55-1235). In the Report and ject proceeding relates to technical speci­ television broadcast stations Order (FCC 56-587), adopted June 25, 1956, fications for TV broadcast translators in Docket No. 11532, the Commission amend­ operating on channels allocated to the cationsSpSSion .of.tlie Federal Communi- ed § 3.614 (b ) of the rules, effective August broadcast services. The comments of Len­ Washir^°mmission held at its offices in 1, 1956, by increasing the. maximum power kurt are directed toward a proposed alloca­ on the 19th day of for television stations on Channels 14-83 to tions proceeding and are not pertinent to 5000 kw. this proceeding. 9142 RULES AND REGULATIONS

high gain transmitting antenna produc­ 9. Upon consideration of all com­ Washington, D. C., on the 19th day of ing a highly directive radiation pattern. ments, we have concluded that the pub­ November 1958: This severely restricts the flexibility nec­ lic interest will be served by amending The Commission having under con­ essary to cope with the particular ter­ the rules to specify a maximum trans­ sideration the amendment of § 9,1205 rain features and population groupings mitter power output of 100 watts for of its rules to supplement existing in a particular area, especially for trans­ translators. CONELRAD requirements by establish­ lators serving more than a single com-!_ 10. Authority for the adoption of the ing specific operating procedures to be munity. An increase in transmitter amendments is contained in sections 4 observed by radio stations in the Avia­ power output will provide sufficient field Ci), 303 (f) and 303 (r) of the Communi­ tion Services in time of war ; and intensity without sacrificing a suitable cations Act of 1934, as amended. It appearing, that Notice of Proposed choice of antenna types. Thus, a radi­ 11. In view of the foregoing, it is Rule M aking in the above-entitled mat­ ation pattern best suited to the area to ordered, That, effective December 26, ter was released on July 18, 1958, and be served can be used. 1958, §§ 4.735 and 4.750 of the Commis­ was duly published in the F ederal 5. Adler Electronics, Inc., submits-that sion’s rules and regulations are amended R egister on July 23, 1958 (23 F. R. more power for translators would pro­ as set forth below. 5582) : and vide an impetus for those communities (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. It further appearing, that the period which have "withheld construction of 154. Interprets or applies sec. 303, 48 Stat. for filing comments in this proceeding translators due to the prospect of mar­ 1082, as amended; 47 U. S. C. 303) expired August 20, 1958; and ginal coverage under the present limita­ It further appearing, that no com­ Adopted: November 19,1958. tion. In addition, the population gained ments were received by the Commission by a power increase would contribute Released: November 21,1958. in response to its Notice of Proposed substantially to the financial support of Rule Making in this matter; and F ederal C ommunications existing translators. It is further repre­ It further appearing, that the public C o m m issio n , sented that a production unit of a 100- interest would be served by amending [ seal! M ary Jane M orris, watt translator amplifier is available for the Commission’s rules in the manner Secretary. type testing and technical data relative herein ordered; and thereto is included. 1. Delete § 4.735 (a) and substitute the It further appearing, that authority 6. National Broadcast Company, Inc., following: for the issuance of this Order is con­ and the Joint Council on Educational (a) A television broadcast translatortained in sections 303 (r) and 606 (c) of Television support the proposal as a station will not be authorized to operate the Communications Act of 1934, as means of extending and improving tele­ with transmitter output power in excess amended, and Executive Order No. 10312 vision service in those areas where the of the rated power output of the trans­ signed by the President December 10, existence of translators demonstrates the mitter and in no event shall the rated 1951; and need for and acceptance of them. It is peak visual power output of the trans­ It is ordered, That Part 9 of the Com­ claimed that establishment of regular mitter be in excess of 100 watts. No mission's rules be amended effective television stations in these communities minimum power is specified for television Décember 29, 1958, as set forth below, is not economically feasible, either now broadcast translator stations. - and or in the foreseeable future, and the ab­ It is further ordered, That the pro­ sence of interference problems in trans­ 2. Delete § 4.750 (c) (5) and substitute ceedings in Docket No. 12541 are hereby lator operation to date further justifies the following: terminated. the proposed power increase. (5) The tube or tubes employed in the (Sec. 4, 48 Stat. 1066, as amended; 47U. S. C. 7. Adler Electronics suggests that the final radio frequency amplifier shall be 154. Interpret or apply sec. 303, 48 Stat. 1082 attenuation requirements for emissions of the proper rating to supply the rated as amended, sec. 606, 48 Stat. 1104, as amend­ on any frequency more than 3 Me above power output. The rated maximum peak ed; 47 U. S. C. 303, 606. E. O. 10312, 16 FR or below the upper and lower limits of visual output power of the translator 12452; 3 GFR, 1951 Supp.) the assigned channel be reduced from 60 shall not be greater than 100 watts. The Released: November 21,1958. db to 40 db.‘ An amendment to § 4.750 translator shall be capable of delivering F ederal C ommunications of the rules, adopted on August 30, 1956, the rated power in continuous service C o m m is s io n , provided that these requirements would when driven with an input signal modu­ not be applicable to transmitters in­ [ seal] M ary Jane M orris, lated by a video waveform corresponding Secretary. stalled prior to January 1, 1958. By to a black picture and a sound signal Report and Order (PCC 58-13) released power equal to 50 percent of the peak Amend Part 9 as indicated below: January 6, 1958, the date for compliance visual power. Translators rated at more Delete § 9.1205 and substitute a new with this requirement was extended to than 10 watts maximum peak visual section to read as follows: January 1, 1959. It 4s believed that it power output shall be equipped with a would be more appropriate to consider suitable device for indicating the peak § 9.1205 Operation, (a) During * the possibility of reducing the perform­ visual power output. Where the com­ period of CONELRAD R a d io Alert, all ance requirements originally specified posite visual and aural signal powers are ground stations in the A v ia tio n Services for translator equipment at a later date. measured together the output indicating will maintain radio silence, unless re­ Accordingly, no action with respect to device shall be calibrated in terms of the quired by the appropriate C A A A ir Route the attenuation requirements for trans­ peak visual power component of the com­ Traffic Control Center (A R T C C ) to re­ lator transmitters is being taken at this bined visual and aural signals when the main on the air for the purpose of air time. input television signal is modulated by a traffic control. Such operations will 8. Texan Translator and TV Network Waveform corresponding to a black pic­ in accordance with the CAA CONELRA Plan dated May 1, 1953, and instructions suggests that with approval of a maxi­ ture and when the sound signal power is mum transmitter power output of 100 equal to 50 percent of the peak visual issued by the appropriate A R T C C un watts for translators, the gain of the power. the Defense/Commerce S C A T E R fi transmitting antenna be limited to a dated M ay 7, 1957. Licensees o f ground [F. R. Doc, 58-9893;'Filed, Nov. 25, 1958; maximum of 10 db, referred to a half­ stations in the Aviation Services sho 8:52 a.m .] wave dipole. - Although some limitation contact the CAA ARTCC w ith in whose may be found desirable in the future, we flight advisory area the station is loca * believe it would be premature to adopt for the details of operation apphea such a limitation at this time. It also [Docket No. 12541; FCC 58-1112] to a specific station. When notreQU1 suggested that the terminology used in by the C A A for the purposes o f seen the proposed amendment of § 4.750 (c) [Rules Amdt. 9-27] control of air traffic, all ground sta (5) of the rules with reference to peak P art 9— A v ia t io n S ervices visual power and true peak visual power in the Aviation Services w ill P 10 p ce be clarified. The text of this section as operation op radio, fa c ilitie s i n t im e leave the air and maintain radio si,. adopted herein has been modified so as OF WAR for the duration of a CONELRAD to make clear the requirement of this At a session of the Federal Communi­ Alert, except as specifically au th or rule. cations Commission held at its offices in the appropriate ARTCC. Wednesday, November 26, 1958 FEDERAL REGISTER 9143

(b) During a period of C O N E LR A D [Docket No. 12612; PCC 58-1113] that the new paragraph (d) not be Radio Alert, all aircraft radio stations in [Rules Amdt. 19-3] adopted. the Aviation Services will m aintain radio 5. The Commission concurs with the P art 19— C itizen s R adio S ervice silence, except for transmissions involv­ comments of Kaar Engineering Corpora­ ing the national safety, or the safety of ANTENNA HEIGHT tion and Vocaline Company of America life and property in the air. Such and concludes that the public interest 1. On September 24, 1958, the Com­ operations will be in accordance with the would be served by the deletion of the mission adopted a Notice of Proposed CAA CONELRAD Plan dated May 1, 25-foot requirement. This action is not Rule Making in the above-entitled mat­ 1953, and the instructions of the appro­ inconsistent with any of the comments ter which was published in the F ederal priate ARTCC within whose flight ad­ or with the petition of Stromberg-Carl­ R egister of September 30, 1958 (23 P . R. visory area the aircraft may be located. son Company. Accordingly, the Com­ / 7590). The time allowed for filing of (c) Upon proclamation by the Presi­ mission is adopting only paragraph (c) both original and reply comments has dent that there exists a state of w ar in­ of § 19.25, as proposed, and is not adopt­ now expired. volving the United States, and for the ing paragraph (d) as proposed. Inas­ 2. Comments were received from the duration of such state of war, all li­ much as the amendment ordered herein Radio Corporation of America, General censees in the Aviation Services shall relieves an existing restriction it may, Electric Company, Kaar Engineering observe the following supplemental re­ under the provisions of section 4 (c) of Corporation, Vocaline Company of strictions on station operations: the Administrative Procedure Act, be America, and Stromberg-Carlson Com­ (1) Domestic. Air/ground communi­ made effective immediately. pany. Reply comments were * received cations within the continental United 6. In view of the foregoing, and pur­ from the Stromberg-Carlson Company States shall be limited to those involving suant to authority contained in section and Vocaline Company of America. In safety of flight; air/ground and aero­ 4 (i) and 303 of thé Communications addition, the Vocaline Company of nautical fixed communications on H P Act of 1934, as amended: It is ordered, America had on September 23,1958, filed band frequencies shall be discontinued That effective November 25k 1958, § 19.25 a Response to Petition of Stromberg- except where other facilities are un­ (c) of Part 19, Citizens Radio Service, Carlson Company. available or inoperative and then only be amended as set forth below. where appropriate security measures are 3. The Commission initiated this pro­ employed. Security measures st all in­ ceeding in response to a petition of the (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. 154. Interprets or applies sec. 303, 48 Stat. clude at least the following: (i) Trans­ Stromberg-Carlson Company (Pile No. 1082, as amended; 47 U. S. C. 303) mit emergency traffic only, (ii) identify RM-52) filed September 8,1958 request­ by means other than clear text, and (iii) ing that § 19.25 *(c) of Part 19, Citizens Adopted: November 19,1958. Radio Service be amended, so as to re­ make transmissions as brief as possible. Released: November 21,1958. (2) International. Air/ground Com­ lieve stations, operated for the purpose munications shall be limited to those in­ of remotely actuating devices used as a F ederal C ommunications volving safety of flight and such com­ means of attracting attention from the C o m m issio n , munications in the H P band shall be limitation that the distance between the [ seal] M ary Jane M orris, discontinued, except that international transmitter or its control point and the Secretary. radiating portion of the antenna shall mr carriers arriving or departing from Amend paragraph (c) of § 19.25 to S. gateway airports may use HP bandnot exceed 25 feet. In support thereof, read as follows: frequencies when V H P and U H P radio it was pointed out that of a practical are inoperative, not available or will not necessity, the control point in many in­ (c) An antenna at a fixed location to Provide the range required; international stallations of this type is at a local PBX be used by a Class B, Class C, or Class aeronautical fixed communications may telephone switchboard which is usually D mobile station shall not exceed 20 conducted on HP band frequencies located more than 25 feet from the top feet in height above any man-made my when appropriate security measures of the building, where the antenna nor­ structure or natural formation on which in!i e^ pl?ye^v Secuyity measures shall mally is located. it is mounted, except that when mounted elude at least the following: (i) T ran s- 4. None of the comments received on an existing antenna structure of an­ mit emergency traffic only, (ii) identify were opposed to the intent of the Com­ other station the antenna shall not y means other than clear text, and (iii) mission’s proposal; however, all recom­ exceed the height of that antenna struc­ a) „fHsmissions as brief as possible, mended a further relaxation of the re­ ture. horwi Z e.ather transmission. The H F striction to a varying extent. The Gen­ [P . R. Doc. 58-9805; Piled, Nov. 25, 1958; missinnhalJ 1iot be Employed for trans- eral Electric Company recommended 8:52 a. m.] tinn „v clear text weather inform a- that the exception apply to all one-way wpatwPt m emergencies ¡unscheduled paging systems in the Citizens Radio cepriinit"*■ Aborts and forecasts (not ex- Service, whether such system used tone mittprf iW° J10^ ahead) may be trans­ signalling or voice communications. The it!? fW clear. text only on VHP or Radio Corporation of America, without PROPOSED inform J equencies; scheduled weather taking any position on the merits of S t S n ? ay be transmitted in clear the proposal to relax the restriction, RULE MAKING the h p 3Lon frequency bands other than stated that any exception should apply statkm and then only when the to both Class C and Class D stations. from thpnV° lved is 200 miles or more Kaar Engineering Corporation and Vo­ ‘rom the nearest coast line. caline Company of America stated that DEPARTMENT OF THE INTERIOR that g m S 'a?ional aids. To the extent the problem presented in the petition of Fish and Wildlife Service used-;for on based navigatiorial aids are Stromberg-Carlson Company might ap­ facilities shS,mv!inication PurP °ses, such ply to any of the Citizens Radio stations [ 50 CFR Part 33 J with thp be operated in accordance and not only to devices used as a means T e w a u k o n N ational W ild life R efuge, (d) None°nfS^ nS ° f Paragraph. of attracting attention. It is further N orth D akota Part shall vJ3- , e Provisions of this sub- pointed out that the 20-foot limitation eperatinn nf mterpreted to preclude the on antenna height effectively limits the fish in g ation ServianC^rtain Nations in the Avi- signal range, thereby reducing interfer­ Notice is hereby given that pursuant tivities of w 1? oounection with the ac- ence between stations and that the addi­ to the authority contained in section 10 defeie J ^ ^ ’ State or Federal civil tional operating burden of locating the of the Migratory Bird Conservation Act operations^«1lnizati.ons' Provided such transmitter or control point within 25 of February 18, 1929 (45 Stat. 1224; 16 ations neopcc n°^ m conflict with oper- U. S. C. 715i>, and under authority dele­ CAA air route feet of the radiating portion of the an­ gated by Commissioner’s Order 4 (22 apeciflcaiiv 0I, and such operations are tenna is unnecessary. Accordingly, both P. R. 8126), it is proposed to revise and CommimicatSlthorized by the Federal Kaar Engineering Corporation and Vo­ «umcations Commission. redesignate § 33.255 of Subpart— Tewau­ caline Company of America recom­ kon National Wildlife Refuge, North D0C' 58~9804; Piled, Nov. 25, 1958; mended that the Commission adopt only o:52 a. m.] Dakota, Chapter I, Title 50, Code of Fed­ paragraph (c) of § 19.25 as proposed and eral Regulations, to read as set forth in 0144 PROPOSED RULE MAKING tentative form below. The purpose of terior, Washington 25, D. C., on or Marking. In lieu of the marking 19, 1958. requirements specified by § 514.3, the cannot be practicably allocated heret, Ketchikan, Alaska__January 6, 1959. marking instructions contained in ATA shall be charged to account 602:8.” Kodiak, Alaska_____ January 6,1959. Specification No. 801 shall be acceptable 3. In addition to the elimination of ac­ Dillingham, Alaska- January 7/1959. and, in addition, each life preserver shall count 602:9 and revisions, in jfche notes Wrangell, Alaska____ January 8,1959. . be permanently marked with the Tech­ under accounts 602:1 through 602:7, Cordova, Alaska____January 9,1959. AT& T requests changes in the text ot Sitka, Alaska______January 12,1959.// nical Standard Order designation, CAA- TSO-C13a, to identify the life preserver paragraph (b ) of accounts 705, Engi­ Interested persons are hereby invited as meeting the requirements of this neering expense, and 706, Plant super­ to participate in the adoption of amend­ section. vision expense. In each of these ments to the regulations by presenting paragraphs, and in paragraph (b) of ac-j their views, data, or arguments in writ­ 1 Copies may be obtained from the Air count 702, Vehicle and other worKi ing to the Director, Bureau of Commer­ Transport Association, 100O Connecticut equipment expense, the parenthetica j cial Fisheries, Department of the In- Avenue NW., Washington 6, D. C. expression “ (Note also account 602:9.) ; Wednesday, N ovem ber 26, 1958 FEDERAL REGISTER 9145 would be deleted. Paragraph (b) of that point companies will be given leeway ternative that the clearances could be account 705 would have words added to to follow other basis of allocation which made “* * * on such equitable basis as it so that it would read as follows: they believe are equitable and are able may be fixed by the officers of the com­ to defend as such. The proposed leeway pany.” In early 1933 a group of State . (b) This account shall be cleared so will make allowance for the fact that commissions presented to the ICC ob­ far as practicable by apportioning the companies differ in size and makeup of jections to the revised system of ac­ total expenses to the appropriate ac­ engineering fdrces and are expected to counts. As to accpunts 705 and 706 counts on the basis of the service ren­ be constantly working to develop proce­ the principal objection was to the clause dered, as determined by the time devoted dures, for work simplification and to pro­ quoted just above. The entire matter to particular jobs, otherwise on such duce Results that will be more useful from was discussed byjfie ICC in 203 I. C. C. other equitable basis as may be an administrative and regulatory point 13 (1934) with no changes in the ac­ appropriate. of view. AT&T states that it does not counting rules being ordered (Docket Paragraph (b) of account 706 would find the present restrictive basis of 25705). The problem was also studied be changed to read as follows: clearing engineering expenses in systems formally by the Wisconsin Public Serv­ of account prescribed for other utilities (b) This account shall be cleared on ice Commission and its report dated Au­ either by this Commission or otEer regu­ the basis of labor supervised except that gust 1,1933 was published in 4 P. S. C. of latory bodies. charges for plant engineering shall be W. 455 (2-U-607). 6. It is the Commission’s understand­ cleared by charges to the appropriate 9. In the present system of accounts ing that changes in accounts 705 and 706 accounts on the basis of the time devoted for large telephone companies, which be­ of the nature proposed may be desirable came effective January 1, 1937, account to particular jobs so fa r as practicable, because it is very difficult for engineers otherwise on such other equitable basis 602:9 was inserted and the alternative doing work on routine maintenance, con­ as may be appropriate. treatment clause in accounts 705 and 706 struction and removal jobs to divide quoted in the preceding paragraph was AT&T suggested that the words “so far théir time among accounts and subac­ deleted. The deletion was among sug­ as practicable” in paragraph (b ) of ac­ counts on the basis of time devoted to gestions submitted by the National As­ count 706 should be inserted following particular jobs. It is understood, how­ sociation of Railroad and Utilities Com­ the fifth word in the paragraph. The ever, that this basis of allocation will be missioners “acting on behalf of a large Commission, having in mind that the continued in sb far as practicable. We majority of the regulatory state com­ AT&T letter treats only the difficulties of understand that it is practicable to use missions and boards represented in its allocating engineering expense, believes this basis of allocation for assigning en­ membership, * * *” The origin of ac­ that these words are more appropriately gineering time to the respective classes count 602:9 is not so clear but it may inserted near the end of the paragraph of work (e. g., construction, removal and well be tha tit was created in recogni­ as it has done. Plant supervision ex­ maintenance) as well as to the accounts tion of the difficulty of clearing engineer­ pense, except for the plant engineering and subaccounts under these classes ex­ ing expense overhead to several outside portion, and the expense of small tools cept on small routine jobs. Beyond this plant maintenance accounts if time de­ would continue to be cleared on the point there will be Jeeway to follow other voted to particular jobs by the engineers present bases as provided in accounts bases of allocation, provided they are was to be the only basis of clearing per­ 706 and 702, respectively. equitable. mitted. In summary, the instant re­ 4. As justification for the account - 7. The Commission believes that the quest is that the engineering expense 602:9 and related amendments requested objectives sought through the proposed clearance language of accounts 705 and AT&T pointed out that the costs of gen­ changes may be achieved, with the possi­ 706 be restored to its pre-1937 form ex­ eral supervision, engineering and tool ex­ bilities minimized that the new language cept that it is to be madatory that time penses applicable to maintenance of may be misconstrued, by changing para­ devoted to particular jobs be used as the other than outside plant are included in graphs (b) of the accounts 705 and 706 basis of clearance to the appropriate ac­ maintenance expense accounts related to to read as indicated hereunder. These counts so far as practicable. classes of plant. In contrast, the same versions are presented as alternatives for 10. The Commission proposes to make type items applicable to maintenance of comment. any rules amendments adopted as a re­ outside plant are included in general out­ 705 (b) This account shall be cleared sult of this proceeding effective January side plant maintenance expense, account by apportionment to the appropriate ac­ 1, 1960. AT&T, however, has requested 602:9. The amendments suggested counts on the basis of service rendered, that any telephone companies desiring to would eliminate this difference in ac­ as determined by the time devoted to do so be permitted to make the amend­ counting classification. AT&T also particular jobs, except that expenses re­ ments effective January 1, 1959, and points out that its proposal would result lated to minor routine jobs may be ap­ retroactively to that date in case the in the cost of maintenance work being portioned to the appropriate accounts Commission does not finalize its action expressed on a basis more consistent within the respective classes of work in this proceeding until after January 1, than at present with the one used for (e. g., construction, removals, mainte­ 1959. The Commission proposes to per­ calculating the cost of plant construction nance, etc.) on such other equitable basis mit, by general waiver of this portion of and removal work; The proposed treat­ as may be appropriate. the rules, the effective date option^ re­ ment would also be consistent with the 706 (b) This account shall be cleared quested by AT&T. treatment of other allocated and indirect on the basis of labor supervised except 11. This notice of proposed rule 'mak­ costs such as local plant administration, that charges for plant engineering shall ing is issued under authority of sections motor vehicle expense, supply expense, be cleared by charges to the appropriate 4 (i) and 220 of the Communications Act Andy miscellaneous expenses of plant of 1934, as amended. forces. accounts as provided in account 705, “engineering expense.” 12. Any interested party who is of the 5. The proposed changes in accounts opinion that the proposed amendments 705 and 706 are alleged to be desirabjg 8. In the First Revised Issue of theshould not be adopted, or should not be because it would be very difficult for en­ Uniform System of Accounts for Class A adopted in the form proposed herein, gineers doing work of an overall nature, and Class B Telephone Companies, pre­ may file with the Commission on or including supervisory and travel time, scribed by the Interstate Commerce before December 29,1958, a statement or me presentation and rejection of alter- Commission (ICC) to be effective for brief setting forth his comments. Com­ Class A companies on January 1, 1933, native plans, the timing and processing ments in support of the proposed amend­ the account clearance language in ac­ of the order and similar broad and gen­ ments may also be filed on or before counts 705 and 706 was the same, or sub­ eral engineering effort, to divide their the same date. Comments or briefs in stantially the same, as that contained in time among primary maintenance ac­ those accounts at the present time, with reply to the original comments or briefs counts on the basis of their time devoted one important exception. The excep­ may be filed within 20 days of the last m Particular routine jobs. This basis tion is that the clearance instructions day for filing said original comments or of time allocation will be continued to were not mandatory because they were briefs. No additional comments may be me extent it is practicable'but beyond followed by a clause stating in the al­ filed unless (1) specifically requested by 9146 PROPOSED RULE MAKING

the Commission, or (2) good cause for copies of all statements or briefs filed Office of the Secretary filing such additional-comments is es­ shall be furnished to the Commission. tablished. The Commission will con­ T ransfer of Jurisdiction Over San Adopted: November 19, 1958. sider all such comments that are pre­ D iego A queduct and A dministration of sented before taking action in the matter Released: November"21, 1958. C ontract N O y -13300 and, if any comments are submitted Cross R eference: See Department of F ederal Communications which appear to warrant the holding of Defense, Federal Register Document C o m m is s io n , oral argument, notice of the time and 58-9772, supra. place of such oral argument will be given. [ seal] M art Jane M orris, 13. In accordance with the provisions Secretary. of § 1.54 of the Commission’s rules and {F. R. Doc. 58-9806; Filed, Novi 25, 1958; CIVIL AERONAUTICS BOARD regulations, an original and fourteen 8:52 a. m.] [Docket Nos. 8960 and 9024]

P a c if ic N o r t h w e s t -H a w a it R enewal C ase NOTICES NOTICE OF POSTPONEMENT OF HEARING Notice is hereby given that the second session of the hearing in the above- DEPARTMENT OF DEFENSE Dated at W ashington, D. C., this 13th entitled proceedingJ heretofore assigned day of November 1958. to begin on December 2, 1958 is post­ Department of the Navy poned and will commence on January G, F. A . B a n t z , 1959 at 10:00 a. m., in Room E-210, Tem-j T ransfer of Jurisdiction O ver S an Assistant Secretary of the Navy. porary Building No. 5, 16th Street and D iego A queduct and A dministration F red G. A a n d a h l , Constitution Avenue NW., Washington,! o f C ontract N O y -13300 As&istant Secretary of the Interior. D. C., before Examiner Ferdinand D, Pursuant to the provisions of the act [F. R. Doc. 58-9772; Filed, Nov. 25, 1958; Moran. 8:46 a. m.J of M ay 31, 1957 (Pub. L aw 85-38, 85th Dated at Washington, D. C., November Cong., 71 Stat. 41), the Department of 21,1958. the Navy and the Department of the Interior have entered into interdepart­ POST OFFICE DEPARTMENT [ s e a l ] F r a n c is W . B r o w n , mental arrangements for the purpose of Chief Examiner. O rganization and A dministration effecting the transfer to the Secretary [F. R. Doc. 58-9820; Filed, Nov. 25, 1958; of the Interior on behalf of the United MISCELLANEOUS AMENDMENTS 8:54 a. m.] States of jurisdiction over the First Bar­ Federal Register Document 58-9359 rel and Second Barrel of the San Diego published in the F ederal R egister of N o­ Aqueduct and of the administration of vember 11, 1958, at pages 8758-8769, is FEDERAL COMMUNICATIONS the contract of October 17, 1945 (NOy- amended as follows: COMMISSION 13300), entered into by the Department 1. By inserting “821.9 Board of Con­ [Docket No. 12416 etc.; FCC 58M-ji320] of the Navy on behalf of the United tract Appeals.” in the table of contents. States with the City of San Diego, and of 2. In section 823.5 Assistant Post­ N ic k J. C h ac o n as et a l. all contracts amendatory thereof or sup­ master General, Bureau of Personnel, order c o n t in u in g h e ar in g plementary or collateral thereto. amend sub-paragraph b of paragraph The transfer to the Secretary of the .57 Policy Review and Analysis Division In re applications of Nick J. Chaconas, Interior of such jurisdiction and admin­ (23 F. R. 8767), to read as follows: Gaithersburg, Maryland, D o c k e t No. istration shall be effective as of midnight 12416, File No. BP-10996; I. T. C oh e n and b. Interprets Civil Service Commis­ of the 30th day of November 1958. As Anne H. Cohen, d/b as Tri-County sion regulations, Executive orders, and of such effective date, the Secretary of Broadcasting Company, Laurel, M ary­ legislation relating to personnel admin­ the Interior or his duly authorized rep­ land, Docket No. 12417, File N o. BP- resentative is substituted for the Sec­ istration, utilizing the services of the 11309; TCA Broadcasting Corporation, retary of the Navy ¡under the aforesaid office of the General Counsel, where re­ College Park, Maryland, D o c k e t No. contract. Further, the Commissioner of quired. 12419, File No. BP-11741; for construc­ Reclamation is substituted in the place (R. S. 161, as amended, 396, as amended; sec. tion permits. of the Chief of the Bureau of Yards and 1 (b ), 63 Stat. 1066; 5 U. S. C. 22, 133Z-15, At the oral request of counsel fo r the 369) Docks as Contracting Officer under the Broadcast Bureau and with the consent aforesaid contract and is designated and [ seal] H erbert B. W arburton, of all other parties to the proceeding; authorized to act as such Contracting General Counsel. It is ordeted, This 20th day of November Officer. 1958, that the hearing now scheduled for The Secretary of the Navy will, how­ {F. R. Doc. 58-9818; Filed, Nov. 25, 1958; 8:54 a. m.] 10:00 a. m., November 20, 1958, is con­ ever, complete all transactions, discharge tinued to 10:00 a. m., December 4, 1958. all valid claims and obligations and con­ Released: November 21, 1958. clude all pending condemnation actions DEPARTMENT OF THE INTERIOR arising from or connected with any lands, F ederal Communications rights of way, improvements or crops ac­ Bureau of Land Management C o m m is s io n , quired, taken, utilized or damaged in [ s e a l ] M a r y J a n e M o rris, [Classification No. 165] connection with the construction of the Secretary. First Barrel and Second Barrel of the N evada; S m all T ract Classification [F. R. Doc. 58-9807; Filed, Nov. 25, 1958; said aqueduct." 8:52 a. m.] Except in instances noted in the im­ REVOCATION mediately preceding paragraph, all fu­ Effective November 17, 1958, Nevada ture communications with respect to ju r­ Classification Order No. 165 of Federal isdiction of said aqueduct on behalf of Register Document 58-9361 appearing on [Docket No. 12501 etc.; FCC 58M-1317] the United States and administration pages 8826 and 8827 of the issue for No­ of the aforesaid contract and contracts vember 13, 1958, is hereby revoked in its C o m m u n it y T e le c a s t in g C o r p. et al. amendatory thereof or supplementary or entirety. ORDER CONTINUING HEARING E. J. P alm er, collateral thereto, including the remit­ In re applications of Community Tele­ State Supervisor. « tance of payments falling due there­ casting Corporation, Moline, IllinoiSt under, should be addressed to the Re­ N ovember 17,1958. Docket No. 12501, File No. B P C T -2339; gional Director, Region 3, Bureau of [F. R. Doc. 58-9800; .Filed, Nov. 25, 1958; Tele-Views News Company, Inc., Moline, Reclamation, Boulder City, Nevada. 8:51a.m .] Illinois, Docket No. 12503, F ile No, Wednesday, November 26, 1958 FEDERAL REGISTER 9147

BPCT-2367; Midland Broadcasting Co., posed studio. He suggested that issue 1, the period referred to above. The Moline, Illinois, Docket No. 12504 Pile which is directed at determination of the results of their efforts are to be reported No. BPCT-2370; Illiway Television, Inc., location of KEED’s studio, might be met to the Examiner at the further pre- Moline, Illinois, Docket No. 12505, Pile by stipulation of the parties that the is­ hearing conference. sue be deleted. Objections to such a No. BPCT-2428; Moline Television Corp., So ordered, This 20th day of November procedure were expressed and it was Moline, Illinois, Docket No. 12506, Pile 1958. No. BPCT-2440; Iowa-Hlinois Television agreed that KEED’s statement on the Co., Moline, Illinois, Docket No. 12508, subject would be exchanged along with Released: November 21,1958. Pile No. BPCT—2496; for construction the rest of its direct presentation and F ederal C ommunications that thereafter other parties would verify permits for new television broadcast C o m m is s io n , the facts therein contained. Under the stations. [ s e a l ] M a r y Ja n e M o r r is , Pursuant to certain agreements made circumstances, the Examiner is of the Secretary. upon the record of an oral argument held view that no objection lies to a showing in the above-entitled matter on this by KEED that its proposed studio would {F. R. Doc. 58-9809; Filed, Nov. 25, 1958; date: ft is ordered, This 19th day of No­ be located within the city limits of Eu­ 8:53 a. m.] vember 1958, that the further prehear­ gene on the ground that such showing is ing conference presently scheduled to at variance with KEED’s application. commence on November 21, 1958, is con­ Counsel for KEED has acted promptly; tinued to December 8, 1958; and the amendment if sought would un­ [Docket No. 12530; FCC 58-1094] doubtedly be appropriate for grant since It is further ordered, That the hearing M u s ic a l H e ig h t s , I n c . now scheduled to commence on Decem­ it is corrective only. ber 1, 1958, is continued to a date to be 3. In the Commission’s order of desig­ MEMORANDUM OPINION AND ORDER determined at the time of the further nation the Examiner is authorized, on AMENDING ISSUES prehearing conference. the development of good cause for addi­ tion, to add a further issue to the pro­ In re application of Musical Heights, Released: November 20, 1958. ceeding directed at whether a party’s Inc., Braddock Heights, Maryland, Dock­ F ederal C ommotivations proposed finances are adequate to con­ et No. 12530, File No. BP-10918; for a C o m m is s io n , struct and operate the station it pro­ construction permit. [ s e a l ] M a r y Ja n e M o r r is, poses. This subject 'was discussed at 1. The Commission has before it (1) Secretary. considerable length without development a petition filed September 26, 1958, by of any firm plan on the part of any party Richard F. Lewis, Jr., Inc., licensee of [F. R. Doc. 58-9808; Filed, Nov. 25, 1958; Station WAYZ, to enlarge the issues; 8:53 a. m.] to seek such enlargement. It was, how­ ever, made clear through comments of (2) a reply to this petition, filed October counsel that the right to seek such en­ 6,1958, by the Broadcast Bureau; (3) an largement at a later date was not being opposition to this petition, filed October 20, 1958, by Musical Heights, Inc., appli­ [Docket No. 12514, etc.; FCC 58M-1323] waived. 4. There will be three further steps in cant; 1 (4) comments in support of the N o r t h w e s t V id e o et a l . this proceeding: (1) Formal Exchange Petition, filed October 20, 1958, by The Monocacy Broadcasting Company, licen­ ORDER FOLLOWING PRE-HEARING of Direct Presentations on November 21, see of Station WFMD and respondent CONFERENCE 1958; (2) Further Pre-hearing Confer­ ence on December 1, 1958; and (3) herein; (5) a motion filed October 22, In re applications of Thomas B. Fried­ Hearing on December 8, 1958. The 1958, by applicant to strike the com­ man and Dawkins Espy, d/b as North­ direct written presentations by each ments filed by The Monocacy Broadcast­ west Video, Eugene, Oregon, Docket No. party shall be frozen as of the date of ing Company; (6’) an opposition filed 12514, File No. BPCT-2429; Liberty Tele­ the exchange. No party shall supple­ October 22, 1958, by The Monocacy vision, Inc., Eugene, Oregon, Docket No. ment its showing after the exchange. Broadcasting Company to applicant’s 12515, File NO. BPCT-2436; KEED, In­ Direct examination will be limited to motion to strike comments in support of corporated, Eugene, Oregon, Docket No. qualifying questions of the person who the petition; (7) the Broadcast Bureau’s 12516, File No. BPCT-2457; for construc­ prepared the particular written presenta­ reply, filed October 27,1958, to the appli­ tion permits for new television broadcast tion being tendered. Cross-examination cant’s motion to strike the comments stations. will be limited to-the scope of the direct filed by The Monocacy Broadcasting At a pre-hearing conference held on written presentation. Parties may, how­ Company; and (8) applicant’s reply, September 26, 1958, the following mat­ ever, eall to the stand principals of their filed October 29, 1958, to items (6) and ters were covered: adversaries’ organizations for the devel­ (7 ). 1. On the basis of a statement made opment of facts adverse to the party with 2. By Order, released July 21, 1958, by counsel for the Broadcast Bureau to which such principals are affiliated. the application of Musical Heights, Inc. the effect that the records of the Com­ Such a principal may be treated as an for a construction permit for a new mission’s Antenna Survey Branch show adverse witness and cross-examined by standard broadcast station to operate on that the antenna systems and sites pro­ the party calling him to the stand and by 1370 kc, with 500 watts of power, direc­ posed by KEED, Inc., and Northwest all other parties to the proceeding. In tional antenna, daytime only, at Brad- Video would not constitute a hazard to the event such a principal is desired as a dock Heights, Maryland, was designated air navigation, the Examiner ruled that witness by a party, the party desiring his for hearing on issues relating to (1) the issues 2 and 4 designated to be heard in attendance shall notify the party with areas and populations which would re­ this proceeding are now MOOT. which the witness is affiliated, in writing, ceive primary service from the instant 2. In KEED’s application as originally in ample time so that the witness thus proposal, and the availability of other filed the site of its studio was described requested may have reasonable oppor­ primary service to such areas and popu­ as “near Eugene.” Subsequently ar­ tunity to make arrangements for the trip lations; (2) whether the instant proposal rangements were made by KEED for a to Washington. A brief statement con­ would involve objectionable interference site within the city limits of Eugene. An cerning the general subject matter to be with Station W A Y Z (1380 kc, 1000 watts, amendment to KEED’s application was covered by the witness’ testimony shall daytime only), Waynesboro, Pennsyl­ subsequently filed. Although the topo­ be included in the request for his vania, or any other existing station and, graphic quadrangle map attached to the attendance. if so, the nature and extent thereof, the amendment clearly showed the studio to 5. Between the date of the exchange areas and populations affected thereby, be within the city limits of Eugene, in of direct presentations and further and the availability of other primary Section 5 of the application, the descrip­ pre-hearing conference, counsel will service to such areas and populations; tion “near Eugene” was inadvertently diligently address themselves to the pos­ (3) whether the instant proposal would carried forward. Rather than file a cor­ sibility of narrowing issues, stipulating have adverse effects on the directional rective amendment, counsel for KEED as to matters of fact not in dispute, and brought the matter up at conference, paring their presentations down to 1 An extension of time to file this op­ producing a written statement concern­ essential elements. These matters are position was granted by Commission Order ing the actual location of KEED’s pro- to be worked out between counsel daring released October 13, 1958. No. 231------5 9148 NOTICES

antenna pattern of Station WFMD, program comparison such as that re­ represent a sizable portion of the area Frederick, Maryland, because of the quested by petitioner is not material, and population of the station served by proximity of the towers of the two sta­ since the need for additional service is the interfered-with station, the rule of tions, and, if so, what corrective meas­ determined by the signal needs of the Democrat Printing Co. v. Federal Com­ ures would be taken by the applicant; area proposed to be served, and not by munications Commission, 202 F. 2d 298 (4) whether the antenna system of the comparing programming to be lost with (C. A ./D . C., 1952) appears to be con­ applicant would be a hazard to air navi­ that to be gained in a particular area. trolling. , < gation; and (5) whether, in the light of 9. In comments filed in support of the 12. W e do not regard thp instant peti­ the evidence adduced pursuant to the petition, respondent The Monocacy tion as defective, as the Broadcast Bu­ foregoing issues, a grant of the applica­ Broadcasting Company urges that whilp reau urges, because there is no factual tion would serve the public interest, con­ detailed facts concerning WAYZ pro­ showing that the petitioner programs for venience and necessity. grams should be submitted at the hear­ the proposed interference area. This is 3. The petitioner requests an enlarge­ ing on the enlarged issues, a showing a factor which can be taken into account ment of the issues to include issues re­ thereon is not prerequisite to enlarge­ in evaluating the showing made at the lating to its programming and to the ment of the issues; it is sufficient, re­ hearing, but it is not a ground for refus­ proposed programming of the applicant spondent urges, for the petitioner to al­ ing an enlargement where the interfer­ as related to the requirements of the lege substantial interference and that it ence is of the proportions alleged here. population and area which the applicant programs for the area. The respondent The Broadcast Bureau’s contention that proposes to serve and which are pro­ also contendts that the proposed area of a programing issue would be of decisive posed to lose petitioner’s service. interference is not minimal, and that the worth only if consideration is also given 4. In support of its petition, the peti­ fact that the entire interference area to the programing of other stations serv­ tioner alleges that field measurements may receive primary service from a ing the area is rejected on the basis of made at its direction show that objec­ number of other stations does not make our decision in News on the Air, Inc., tionable interference from the proposed irrelevant a comparative weighing of the supra, in which the petitioner requested operation is to be expected in a 179 proposed service with that to be lost. an enlargement of the issues to encom­ square mile area with a rural population 10. The applicant filed a motion to pass the programing of all stations serv­ of 13,299 persons, constituting 12.8 per­ strike the respondent’s comments in sup­ ing the proposed interference area. In cent and 8.36, percent, respectively, of port of the petition, urging that respond­ denying this request, we stated that “In the total area and population of its nor­ ent is precluded by § 1.13 of the Commis­ no instance has the Commission enlarged mally-protected 0.5 mv/m contour. sion’s rules from filing such comments the issues of a proceeding to include a 5. In further support of its petition, because it neither requested leave to file program comparison of all stations serv­ petitioner alleges that the persons in the them nor was specifically requested by ing the area per se. The granting of an proposed interference area are largely the Commission to file them. The re­ issue stated so broadly is without prece­ dependent upon its programs and that spondent, in its opposition to this motion dent. The fundamental question is the applicant cannot show that its proposed to strike, contends that a reasonable in­ need for, the proposed program service as program will meet the needs of these terpretation of § 1.13 of the rides would compared with those stations for which persons. permit the filing within the prescribed the proposed service will substitute.” 6. The petitioner alleges good cause period of supporting comments as well as 13. The applicant’s motion to strike is for not filing within the fifteen day oppositions; at the same time, it re-, not well taken. The comments filed in period prescribed by § 1.141 of the Com­ quested the Commission to authorize the support of the petition do not contravene mission’s rules because it was not aware filing of its comments. The Broadcast the limitations imposed by § 1.13 of the of the extent of the proposed area of Bureau urges that 1 1.13 of the rules does Commission’s rules with respect to-the interference until after field measure­ not foreclose one party to a proceeding filing of pleadings. Fox Valley Broad­ ments were taken and because an analy­ from filing a pleading supporting a peti­ casting Company, cited by applicant sis of these measurements did not tion to enlarge the issues filed by another supra, is distinguishable on the ground become available to it until the week in party. In response to the arguments that the pleadings therein stricken were which it filed its petition.2 thus advanced by the Broadcast Bureau a proffered supplemental opposition and 7. The Broadcast Bureau recommends and the respondent, the applicant cites a pleadings relating thereto. denial of the petition because there is no Commission Memorandum Opinion and Accordingly, it is ordered, This v19th assurance that programming evidence Order in Fox Valley Broadcasting Com­ day of November 1958, That the appli­ would be of any decisive worth. The pany,, Geneva, Illinois, Docket No. 12329, cant’s motion to strike is denied; and Bureau points out that no factual show­ et al., released October 24,1958, in which that the petition of Richard F. Lewis, ing, as distinguished from bare conclu­ the Commission denied petitions for Jr., Inc. for enlargem ent. of the issues sionary allegations, is made that peti­ permission to file additional pleadings. filed September 26, 1958, is granted, and tioner’s programs meet any special need 11. In view of the extent of the adja­ that the,issues in this proceeding are of the proposed interference area, and cent channel interference which the pe­ amended to renumber Issues Nos. 3, 4 nothing whatever is said in the petition titioner has alleged would result from a and 5 as Issues Nos. 5, 6 and 7, respec­ as to whether any such special need is grant of the application, the Commission tively, and to include as Issues Nos. 3 met by programs of other stations. The is of the opinion that the petition to en­ and 4 the following: Bureau concludes that a comparison of large the issues should be granted. Ac­ 3. To determine the type and charac­ petitioner’s programs with those pro­ cording to the petitioner,. the proposed ter of program service -proposed to be posed by the applicant would serve no interference area embraces 12.8 percent rendered by the applicant and whether useful purpose in the absence of a show­ and 8.3 percent, respectively, of the total it would meet the requirements of the ing that the needs of the interference area and population of- its normally- populations and areas proposed to be area would not be met by other stations. protected area. The alleged inter­ served. 8. The applicant opposes the petition ference cannot, therefore, be character­ 4. To determine the type and charac­ on the ground that the alleged interfer­ ized as de minimis as it has been in a ter of program service rendered by Sta­ ence area lies entirely within the State of number of recent decisions in which tion WAYZ and whether it meets the Maryland and that it is a considerable similar requests for programming issues requirements of the population and area distance from Waynesboro, Pennsyl­ were denied.3 Where, as here, the alleged proposed to lose such service. vania, to which W AYZ is licensed. The interference area and its population Released: November 21,1958. applicant also states that the alleged interference area receives service from F ederal C ommunications * Thus, in Wayne M. Nelson, 16 RR 103 C o m m is s io n , numerous radio stations and that peti­ (1957), the population of the interference * [ s e a l ] M a r y Ja n e M o r r is, tioner has not presented any facts to area constituted 3.3 percent of the total Secretary. show that it is meeting the needs of the population within the area served by the station which would suffer the interference; area. The applicant contends that a [F. R. Doc. 58-9810; Filed, Nov. 25, 1958; in News on the Air, 14 RR 121 (1956), 0.5 8:53 a. m.] percent; in Rochester Broadcasting Company, 1 Neither the Broadcast Bureau nor the 14 RR 560 (1956), 0.2 percent; W GLI, Inc., hundred persons lived in the proposed in­ applicant has challanged* petitioner’s allega­ 14 RR 621 (1956), 0.2 percent; in Allegan terference area. See also Sanford A. Scha- tion of good cause. County Broadcasters, 16 RR 226 (1957), six fitz, 24 FCC 363 (1958). Wednesday, November 26, 1958 FEDERAL REGISTER 9149

[Docket Nos. 12548, 12549; FCC 58M-1301] ference pursuant to the provisions of No. 12630, File No. 1937-C2-P-58; George F a lc o n B roadcasting C o . a n d S ierra § 1.111 of the Commission’s rules, at W. Smith, Santa Ana, California, Docket M adre B roadcasting C o . 10:00 o’clock a. m., December 1, 1958, in No. 12631, File No. 2797-C2-P-58; Benja­ the Commission’s offices, Washington; min H. Warner, Jr., Santa Ana, Califor­ ORDER CONTINUING HEARING CONFERENCE D. C. nia,1 Docket No. 12632, File No. 2801-C2-P-58; one-way signaling sta­ In re applications of George A. Baron, Released: November 20,1958. tr/as Falcon Broadcasting Company, tions in the domestic public land mobile Vernon, California, Docket No. 12548, F ederal C ommunications radio service. File No. BPH-2382; Max H. Isoard, tr/as C o m m is s io n , Pursuant to the understanding reached Sierra Madre Broadcasting Company, [ s e a l ] M a r y J a n e M o rris, at the prehearing conference today; It Sierra Madre, California, Docket No. Secretary. is ordered, This 20th day of November 12549, File No. BPH-2403; for construc­ [F. R. Doc. 58-9812; Filed, NoV, 25, 1958; 1958, that the hearing now scheduled for tion permits. „ 8:53 a. xn.j December 8, 1958 is continued to Thurs­ The Hearing Examiner having under day, January 29, 1959, at 10 a. m., in the consideration the “Motion For Continu­ offices of the Commission, W ashington, ance of Procedural Dates” filed in the D. C. [Docket Nos. 12623, 12624; FCC 58M-1307] above-entitled proceeding on November Released: November 21, 1958, 14,1958, by M ax H. Isoard; C e n t r a l W . V a. S ervice C o r p. (WHAW) F ederal C ommunications It appearing that at the prehearing an d C lar k sb u r g B roadcasting C o r p . C o m m is s io n , conference held herein on September 25, (WPDX) 1958 it was agreed that exchange of the [ s e a l ] M a r y Ja n e M o r r is, direct cases on the engineering- issues order c o n t in u in g h e a r in g Secretary. would be made on November 14, 1958; In re applications of Central W. Va. [F. R. Doc. 58-9814; Filed, Nov. 25, 1958; that direct cases on the non-engineering Service Corporation (W H A W ), Weston, 8:53 a. m.J issues would be exchanged on December West Virginia, Docket No. 12623, File No., 5, 1958; and that a further prehearing BP-11486; Clarksburg Broadcasting Cor­ conference would be held on December poration (W P D X ), Clarksburg, West Vir­ 15, 1958, which dates the instant motion ginia, Docket No. 12624, File No. BP- [Docket No. 12635; FCC 58M-1310] requests be continued to December 15, 11580; for construction permits. R a l p h L u k e W a l t o n 1958; January 5, 1959; and January 15, A prehearing conference in the above- 1959, respectively; entitled matter having been field on No­ ORDER SETTING PREHEARING CONFERENCE It further appearing that all parties vember 18, 1958, and it appearing from In re application of Ralph Luke W al­ to the proceeding have consented to im ­ the record made therein that certain ton, Indianapolis, Indiana, Docket No. mediate consideration and grant of the agreements were made which properly 12635, File No. BP-11574; for construc­ said motion and that good cause for a should be formalized in an order; tion permit. grant thereof has been shown in that It is ordered, This 18th day of Novem­ It is ordered, this 18th day of Novem ­ the recently filed application of the Bible ber 1958,that: ber 1958, that, pursuant to the provisions Institute of Los Angeles (File No. BM PH - (1) The direct cases of the applicants of § 1.111 of the Commission’s rules, all 5311), presently pending completion of shall be in writing; parties to the above-entitled proceeding processing may affect the status of the (2) Preliminary drafts of the appli­ or their counsel are directed to appear parties and the issues herein; cants’ technical engineering exhibits for a prehearing conference at the offices It is ordered, This 17th day o f Novem­ shall be supplied to the other parties by of the Commission in Washington, D. C., ber 1958 that the said Motion For Con­ January 12,1959; at 2:00 p. m., on December 5, 1958, for tinuance of Procedural Dates is granted (3) Engineering exhibits shall be ex­ the purpose of considering the follow­ and the dates for the exchange of direct changed by the parties on January 19, ing: cases on the engineering issues, fo r the 1959; (1) The necessity or desirability of exchange of direct cases on Che non­ (4) Copies of the exhibits and testi­ simplification, clarification, amplifica­ engineering issues, and fo r the further mony exchanged shall be supplied the tion, or limitation of the issues; prehearing conference are continued to Commission’s Broadcast Bureau and the (2) The possibility of stipulating with December 15, 1958, January 5, 1959, and Hearing Examiner on January 19, 1959; respect to facts; January 15, 1959, respectively. It is further ordered, That the hear­ (3) The procedure at the hearing; Released: November 19,1958. ing in this matter presently scheduled to (4) The limitation of the number of commence on December 10, 1958, is con­ witnesses; F ederal C ommunications tinued to January 27,1959. (5) Such other matters as will be con­ C o m m is s io n , Released: November 19,1958. ducive to an expeditious conduct of the [ s e a l ] M a r y Ja n e M o r r is, hearing. Secretary. F ederal C ommunications Released: November 19,1958. [F. R. Doc. 58-9811; Filed, Nov. 25, 1958; C o m m is s io n , 8:53 a. m.] [ s e a l ] M a r y Ja n e M o r r is, F ederal C ommunications Secretary. C o m m is s io n , [F. R. Doc. 58-9813; Filed, Nov. 25, 1958; [ s e a l ] M a r y Ja n e M orris, 8:53 a. m.J Secretary. [Docket Nos. 12621, 12622;. FCC 58M-1316] [F. R. Doc. 58-9815; Filed, Nov. 25, 1958; Je a n n e t t e B roadcasting C o . and 8:53 a. m.] C a r neg ie B roadcasting C o . (Docket No. 12627 etc.; FCC 58M-1319] order s c h e d u l in g p r e h e a r in g c o n fe r e n c e R obert C. C r a b d e t a l . In re applications of John J. Keel and [Docket No. 12664; FCC 58M-1311] ORDER CONTINUING HEARING Lloyd W. Dennis, Jr., d/b as Jeannette R adio K Y N O , t h e V o ic e of F r esn o B ro a d c a s tin g Company, Jeannette, In re applications of Robert C. Crabb, Pennsylvania, Docket No. 12621, File No.. Los Angeles, California, Docket No. 12627, order s c h e d u l in g pr e h e a r in g c o n f e r e n c e BP-11543; Hoyt C. Murphy and G. Rus­ File No. 1387-C2—P/M L-58; Farrell In re application of Amelia Schuler, sell Chambers, d/b as Carnegie Broad­ McKean, d/b as Business and Profes­ Lester Eugene Chenault and Bert W il­ casting Company, Carnegie, Pennsylva­ sional Telephone Exchanges, Los Angeles, liamson, d/b as Radio KYNO, the Voice nia, Docket No. 12622, File No. BP-11863; California, Docket No. 12628, File No. of Fresno (KYNO), Fresno, California, for construction permits. 1603-C2-P-58; Warren M. Seeley, d/b as Docket No. 12664, File No. BP-11458; for It is ordered, This 20th day of Novem­ Mobile Radio Call Service, Beverly Hills, construction permit. ber 1958, that all parties, or their coun­ California, Docket No. 12629, File No. sel,, in the above-entitled proceeding are 1628-C2-P-58; Lyman G. Berg (Station 1E1 Modeno, in Commission’s caption in directed to appear for a pre-hearing con­ KMD691), San Diego, California, Docket error. 9150 NOTICES

On the Examiner’s own motion: It is [Mexican List 212] The application indicates that United ordered, This 18th day of November 1958, M e x ic a n B roadcast S t a t io n s needs additional volumes of natural gas that all parties, or their counsel, in the delivered to it in Applicant’s Northern above-entitled proceeding are directed LIST OF CHANGES, PROPOSED CHANGES AND Rate Zone during the 1958-1959 winter to appear for a prehearing conference CORRECTIONS IN ASSIGNMENTS heating season. -It is stated that such pursuant to the provisions of § 1.111 of O ctober 22,1958. need arises because of delays in obtain­ the Commission’s rules, at 10:00 o’clock ing additional firm supplies of natural a. m., on Wednesday, December 10, 1958, Notification under the provisions of Part m , section 2 of the North American gas to meet United’s increased customer in the offices of the Commission, W ash ­ requirements. To temporarily alleviate ington, D. C. Regional Broadcasting Agreement. List of changes, proposed changes, and this emergency condition, United has Released: November 19,1958. corrections in assignments of Mexican requested and Applicant ’ has agreed to broadcast stations modifying the appen­ transfer the delivery of 30,600 Mcf of F ederal C ommunications dix containing assignments of Mexican natural gas per day, now being delivered C o m m is s io n , broadcast stations (Mimeograph 47214-, to United at delivery points in Appli­ [ s e a l ] M a r y Ja n e M o r r is, cant’s Eastern Rate Zone, to Manufac­ Secretary. 6) attached to the recommendations of the North American Regional Broadcast­ turers for the account of United at ex­ [F. R. Doc. 58-9816; Filed, Nov. 25, 1958; ing Agreement Engineering Meeting isting delivery points in Applicant’s 8:53 a. m.] January 30,1941. Northern Rate Zone. This proposed transfer service will be on an interim basis commencing November 1,1958, and Expected Call letters Location Power kw An- Sched-.. ^Class date of com­ terminating April 30, 1959. tenna . ule mencement Applicant will not deliver any volumes of operation in excess of those presently authorized i to be sold to United. 660 Kc. Applicant and United have entered XESV (change in call San Cristobal las Casas, 500 w ND UIII-B Oct. 22,1958 into a Precedent Agreement dated April letters from XEUG). Chiapas. 600 Kc. 25, 1958, covering the services herein proposed. XEKZ (change in call Tehuantepec, Oaxaca...... 500 w D/100 w N U IV letters from XEDS). Oct 22,1958 The application further states that 980 Kc. Applicant and United will execute a new Exhibit A to their gas sales contract XELC (commenced op- La Piedad, Michoacan___ 5 kw D/0.2 kw N-. U IV eration on 8-25-57). dated October 24, 1957 providing for 1110 Kc. the delivery of the 30,600 Mcf of nat­ ural gas per day to United in Applicant’s XEWE (New).___ Ciudad Juarez, Chihua­ 500 w ND D II Apr. 22,1959 hua. Northern Rate Zone for the period of 1170 Kc. time hereinabove set forth. XEOV (Newl ______Orizaba, Veracruz___T__ ND D II Apr. 22,1959 This matter is one that should be dis­ posed of as promptly as possible under m o Kc. the applicable rules and regulations and XEKC (change in call Ensenada, B. C______U IV letters from XEHC). Apr. 22,1959 to that end: m o Kc. Take further notice that, pursuant to the authority contained in and subject XEUA (delete assign- Iguala, Guerrero______250 w...... U IV ment). Apr. 22,1959 to the jurisdiction conferred upon the m O K c. Federal Power Commission by sections 7 and 15 of the Natural Gas Act, and XEXC (New)______Taxco, Guerrero ... 250 w D/100 w N U IV Apr. 22,1959 the Commission’s rules of practice and 1X80 Kc. procedure, a hearing will be held on XEK Y (Newl______Huixtla, Chiapas ... 1000 w D/100 w N. U IV Apr. 22,1959 December 19, 1958 at 9:30 a. m., e. s. t. in a Hearing Room of the Federal Power 1340 Kc. Commission, 441 G Street NW., Washing­ XEDS (change in call Colima, Colima____< _. _ D IV ton, D. C., concerning the matters in­ letters from XEKZ). Oct. 22,1958 1460 Kc. volved in and the issues presented by such application: Provided, however, XEDJ (increase in day Magdalena, Sonora 250 w D/100 w N V IV power). Jan. 28,1959 That the Commission may, after a non- 1690 Kc. contested hearing, dispose of the pro­ ceedings pursuant to the provisions of XEHC (change in loca- Ensenada, Baja California, 10 kw D/1.5 kw N — ND U III Apr. 22,1959 tion from Mexicale, § 1.30 (c) (1) or (2) of the Commission’s B. C. and call letters from XEKC). rules of practice and procedure. Under XETE (Newl______Ciudad Madero, Tamau- 1 kw DA-D D III Apr. 22,1959 the procedure herein provided for, unless lipas. otherwise advised, it will be unneces­ sary for Applicant to appear or be repre­ F ederal C ommunications C o m m is s io n , sented at the hearing. [SEAL] M a r y J a n e M o r r is, Protests or petitions to intervene may Secretary. be filed with the Federal Power Commis­ [F. R. Doc. 58-9817; Filed, Nov. 25, 1958; 8:54 a. m.] sion, Washington, D. C., in accordance with the rules of practice and procedure FEDERAL POWER COMMISSION No. G-15475 for a certificate of public (18 C FR 1.8 or 1.10) on or before De­ convenience and necessity, pursuant to cember 15, 1958. Failure of any party [Docket No. G—15475] section 7 (e) of the Natural Gas Act, to appear at and participate in the hear­ T e n n e ss e e G as T ransmission C o . authorizing Applicant to transport gas ing shall be construed as waiver of and in interstate commerce to the Manufac­ NOTICE OF APPLICATION AND DATE OF HEARING concurrence in omission herein of the turers Light & Heat Company (Manufac­ intermediate decision procedure in cases N ovem ber 19, 1958. turers) , for the account of United Fuel where a request therefor is made. "i’ake notice that on July 14,1958, T en ­ Gas Company (United), subject to the nessee Gas Transmission Company (Ap­ jurisdiction of the Commission, all as [ s e a l ] J o s e ph H. G u t r id e , plicant) , a Delaware corporation, having more fully represented in the applica­ Secretary. its principal place of business in Hous­ tion which is on file with the Commis­ [F. R. Doc. 58-9774; Filed, Nov. 25, 1958; ton, Texas, filed an application in Docket sion and open to public inspection. * 8:46 a. m.] Wednesday, November 26, 1958 FEDERAL REGISTER 9151

[Docket No. G-16431] [Docket No. G-16804] 1.37 (f) of the Commission’s rules of C u m b e r la n d and A l l e g h e n y G as C o . C it ie s S ervice O il Co. practice and procedure (18 CFR 1.8 and 1.37 ( f ) ) . NOTICE OF APPLICATION AND DATE OF HEARING ORDER FOR HEARING AND SUSPENDING PROPOSED CHANGE IN RATES By the Commission (Commissioners N ovem ber 19,1958. Kline and Hussey dissenting), Take notice that on September 25, N ovem ber 19, 1958. [ s e a l ] J o s e ph H . G u t r id e , 1958, Cumberland and Allegheny Gas Cities Service Oil Co, (Cities Service) Secretary. Company (Applicant) filed in Docket No. on October 20, 1958, tendered for filing G-16431 an application pursuant to sec­ a proposed change in its presently effec­ [P. R. Doc. 58-9776; Plied, Nov. 25, 1958; tion 7 (c) of the Natural Gas Act for a tive rate schedule for the sale of natural 8:47 a. m,] certificate of public convenience and gas subject to the jurisdiction of the necessity authorizing the construction Commission. The prpposed change, and operation of a measuring and regu­ which constitutes an increased rate and lating station and 25 feet of 2-inch pipe charge, is contained in the following [Docket No. G—16895] from a point of connection on Appli­ designated filing: A n d e r s o n -P richard O il C o r p . e t a l . cant’s 10-inch main pipeline in Black Description: Notice of Change, dated Pork District, Tucker County, West Vir­ October 17, 1958. ORDER FOR HEARING AND SUSPENDING ginia, to provide interruptible natural Purchaser: Permian Basin Pipe Line PROPOSED CHANGE IN RATE Company. gas service to Kingsford Company,' an N ovem ber 19,1958. industrial firm, for use in the manufac­ Rate schedule designation: Supplement Anderson-Prichard Oil Corporation ture of charcoal briquettes and for space No. 12 to Cities Services’ FPC Gas Rate (Operator) et al. (Anderson-Prichard) •heating, all as more fully set forth in Schedule No. 32. Effective date: December 1, 1958 (effective on October 20, 1958, tendered for filing a the application which is on file with the date is that proposed by Cities Service). proposed change in its presently effective Commission and open to public inspec­ rate schedule for sales of natural gas tion. •: In support of the proposed increased subject to the jurisdiction of the Com­ The estimated cost of the proposed rate Cities Service states that the pro­ posed price was negotiated at arm’s- mission. The proposed change, which facilities is $2,128, which would be fi­ constitutes an increased raté and charge, nanced from Applicant’s current working length bargaining and the escalation provision was/agreed upon in lieu of an is contained in the following designated funds. The estimated peak day and an­ filing: nual natural gas requirements under this “average price” for the term of the con­ application are 100 Mcf and 24,000 Mcf, tract. Cities Service also contends that Description: Notice of Change, October 16, 1958. respectively, increasing to 135 M cf per the proposed price is less than the going price for gas in the area and is less than Purchaser: El Paso Natural Gas Company. day and 30,000 Mcf annually in future Rate schedule designation : Supplement years. ' the present market value for equivalent No. 7 to Anderson-Prichard’s FPC Gas Rate This matter is one that should be dis­ supplies. Schedule No. 85. posed of as promptly as possible under The increased rates and charges so Effective date: November 25, 1958 (effective the applicable rules and regulations and proposed have not been shown to be jus­ date is the effective date proposed by Ander- to that end: tified, and may be unjust, unreasonable, son-Prichard). unduly discriminatory, or preferential, Take further notice that, pursuant to In support of the proposed increased or otherwise unlawful. the authority contained in and subject rate Anderson-Prichard cites the fa­ "to the jurisdiction conferred upon the The Commission finds: It is necessary vored-nation provision of its contract and proper in the public interest and to Federal Power Commission by sections and states that the proposed rate is just 7 and 15 of the Natural Gas Act, and the aid in the enforcement of the provisions and reasonable and not excessive. Commission’s rules of practice and pro­ of the Natural Gas Act that the Com­ The increased rate and charge so pro­ cedure, a hearing will be held on Decem­ mission enter upon a hearing concerning posed has not bèen shown to be justified, b e r 's , 1958, at 9:30 a. m., e. s. t., in a the lawfulness of the said proposed and may be unjust, unreasonable, unduly Hearing Room of the Federal Power change, and that Supplement No. 12 to discriminatory, or preferential, or other­ Commission, 441 G Street NW., Wash­ Cities Service’s'FPC Gas Rate Schedule wise unlawful. ington, D. C., concerning the matters JNo. 32 be suspended and the use thereof The Commission finds: It is necessary involved in and the issues presented by deferred as hereinafter ordered. and proper in the public interest and to such application: Provided, however, ThS Commission orders: - (A ) Pursuant aid in the enforcement of the provisions to the authority of the Natural Gas Act, That the Commission may, after a non- of the Natural Gas Act that the Commis­ particularly sections 4 and 15 thereof, contested hearing, dispose of the pro­ sion enter upon a hearing concerning the the Commission’s rules of practice and lawfulness of the said proposed changé, ceedings pursuant to the provisions of procedure, and the regulations under the § 1.30 (c) (1) or (2) of the Commission’s and that Supplement No. 7 to Anderson- Natural Gas Act (18 C F R Ch. I ) , a public Prichard’s FPC Gas Rate Schedule No. 85 rules of practice and procedure. Under hearing be held upon a date to be fixed be suspended and the use thereof de­ the procedure herein provided for, unless by notice from the Secretary concerning ferred as hereinafter ordered. otherwise advised, it will be unnecessary the lawfulness of the proposed increased The Commission orders: for Applicant to appear or be represented rate and charge contained in Supplement (A) Pursuant to the authority of the at the hearing. No. 12 to Cities Service’s FPC Gas Rate Natural Gas Act, particularly sections 4 Protests or petitions to intervene may Schedule No. 32. and 15 thereof, the Commission’s rules of be filed with the Federal Power Commis­ (B) Pending such hearing and deci­ practice and procedure and the regula­ sion, W ashington 25, D. C., in accord­ sion thereon, said supplement be and it tions under the Natural G as Act (18 C FR ance with the rules of practice and pro­ is hereby suspended and the use thereof Ch. I ), a public hearing be held upon deferred until M ay 1,1959, and until such cedure (18 C FR 1.8 or 1.10) on or before a date to be fixed by notice from the further time as it is made effective in the Secretary concerning the lawfulness of December 12,1958. Failure of any party manner prescribed by the Natural Gas the proposed increased rate and charge to appear at and participate in the hear­ Act. contained in Supplement No. 7 to Ander­ ing shall be construed as waiver of and (C) Neither the supplement hereby son-Prichard’s FPC Gas Rate Schedule concurrence in omission herein of the suspended-nor the rate schedule sought No. 85. intermediate decision procedure in cases to be altered thereby shall be changed (B) Pending such hearing and deci­ where a request therefor is made. until this proceeding has been disposed sion thereon, said supplement be and it of or until the period of suspension has is hereby suspended and the use thereof [ se al] J o s e ph H . G u t r id e , expired, unless otherwise ordered by the deferred until April 25, 1959, and until Secretary. Commission. such further time as it is made effective IF. R. Doc. 58-9775;"' Filed, Nov. 25, 1958; (D ) Interested State commissions may in the manner prescribed by the Natural 8:46 a. m .] participate as provided by §§ 1.8 and G as Act. 9152 NOTICES

(C) Neither the supplement hereby Secretary concerning the lawfulness of ment of the proposed increased rate shall suspended, nor the rate schedule sought the proposed increased rate and charge be made effective subject to refund. to be altered thereby, shall be changed contained in Supplement No. 10 to Re­ The Commission finds: It is necessary until this proceeding has been disposed public’s F P C G as Rate Schedule No. 12. and propfer in the public interest and to of or until the period of suspension has (B) Pending such hearing and de­ aid in the enforcement of the provisions expired, unless otherwise ordered by the cision thereon, said supplement be and of the Natural G as Act that the Commis­ Commission. it is hereby suspended and the use there­ sion order upon a hearing concerhing (D ) Interested State commissions may of deferred until April 20, 1959, and the lawfulness of the said proposed participate as provided by §§ 1.8 and 1.37 thereafter until such further time as it is change, and that Supplement No. 3 to (f) of the Commission’s rules'of practice made effective in the manner prescribed Republic’s FPC Gas Rate Schedule No. and procedure (18 CFR 1.8 and 1.37 ( f ) ). by the Natural Gas Act. 20 be suspended and the use thereof de­ By the Commission (Commissioners (C) Neither the supplement hereby ferred as hereinafter ordered. Kline and Hussey dissenting). suspended, nor the rate schedule sought The Commission orders : to be altered thereby, shall be changed (A ) Pursuant to the authority of the [ s e a l ] J o s e ph H. G u t r id e , until this proceeding has been disposed Natural Gas Act, particularly ' sections Secretary. of or until the period of suspension has 4 and 15 thereof, the Commission’s rules [P. R. Doc. 58-9777; Filed, Nov. 25, 1958; expired, unless otherwise ordered by the of practice and procedure, and the regu­ 8:47 a.m. ] Commission. lations under the Natural Gas Act (18 (D ) Interested State commissions may CFR Ch. I ), a public hearing be held participate as provided by §§ 1.8 and 1.37 upon a date to be fixed by notice from (f) of the Commission’s rules of practice the Secretary concerning the lawfulness [Docket No. G-16896] and procedure (18 CFR 1.8 and 1.37 .(f) ). of the proposed increased rate and charge contained in Supplement No. 3 to R e p u b l ic N atur al G as Co. et a l . By the Commission (Commissioners Kline and Hussey dissenting). Republic’s FPC Gas Rate Schedule ORDER FOR HEARING AND SUSPENDING No. 20. PROPOSED CHANGE IN RATE [ s e a l] J o s e ph H . G u t r id e , (B) Pending such hearing and deci­ Secretary.- sion thereon, said supplement be and it N ovem ber 19, 1958. [F. R. Doc. 58-Q778; Filed, Nov. 25, 1958; hereby is suspended and the use thereof Republic Natural Gas Company et al. 8:47 a. m.] deferred until December 22, 1958, and (Republic) on October 20,1958, tendered thereafter until such further time as it for filing a proposed change in its pres­ is made effective in the manner pre­ ently effective rate schedule for sales of scribed by the Natural G as Act. natural gas subject to the jurisdiction of [Docket No. G-16897] (C) Neither the supplement hereby the Commission. The proposed change, suspended nor the rate schedule sought R e p u b l ic N atur al G as C o . which constitutes increased rate and to be altered thereby shall be changed charge, is contained in the following des­ ORDER FOR HEARING AND SUSPENDING until this proceeding has been disposed ignated filing: PROPOSED CHANGE IN RATE of or until the period of suspension has expired, unless otherwise ordered by the Description: Notice of Change, undated. ' :r - N ovem ber 19, Î958. Purchaser: Northern Natural Gas Com­ Commission. pany. Republic Natural Gas Co. (Republic) (D ) Interested State commissions may Rate schedule designation: . Supplement on OctobelsJ20, 1958, tendered for filing a participate as provided by §§ 1.8 and 1.37 No. 10 to Republic’s FPC Gas Rate Schedule proposed change in his presently effec­ (f) of the Commission’s rules of practice No. 12. tive rate schedule1 for the sale of natural and procedure (18 C FR 1.8 and 1.37 (f) ). Effective date: November 20, 1958 (effective gas subject to the jurisdiction of the date is that proposed by R epublic). Commission. The proposed change, By the Commission. which constitutes an increased rate and In support of the proposed increase [ s e a l ] J o s e ph H . G u t r id e , charge, is contained in the following Republic submits a supplement agree­ Secretary. designated filing: ment dated March 1, 1958, wherein the [F. R. Doc. 58-9779; Filed, Nov.^25, 1958; buyer agrees to the proposed increases. Description: Notice of -Change, undated. 8:47 a. m.] Republic points to the small dollar Purchaser: Arkansas Louisiana Gas Com­ pany. amount invqlved, mentions that the pro­ Rate schedule designation: Supplement posed price is lower than prices being No. 3 to Republic’s FPC Gas Rate Schedule paid to other producers in the Hugoton No. 20. [Docket No. G-16898] Field, but gives no examples and states Effective date: December 21, 1958 (effective G u l f O i l C o r p. et a l . ' the increase is necessary to compensate date is that proposed by Republic). seller for increased costs and to encour­ order for h e a r in g a n d s u s p e n d in g The increased rate and charge so pro­ age exploration and development. \ PROPOSED CHANGE IN RATE posed is intended to reflect (in whole The increased rate and charge so pro­ or in part) the additional “excise, license, N o vem ber 19, 1958. posed has not been shown to be justified, or privilege tax” of one cent per Mcf G u lf Oil Corporation (Operator) et al. and may be unjust, unreasonable, unduly levied by the State of Louisiana pur­ (G ulf) on October 20, 1958, tendered for discriminatory, or preferential, or other­ wise unlawful. suant to Act No. 8 of 1958 (House Bill filing a proposed change ip his presently No. 303), as approved on June 16, 1958, effective rate schedule1 for the sale of The Commission finds: It is neces­ amending Title 47 of the Louisiana Re­ natural gas subject to the jurisdiction of sary and proper in the public interest vised Statutes of 1950. The Commission the Commission. The proposed change, and to aid in the enforcement of the is advised that litigation is being in­ which constitutes an increased rate and provisions of the Natural Gas Act that stituted to challenge the constitutionality charge, is contained in the following the Commission enter upon a hearing of the said Act No. 8 of 1958. In con­ designated filing: concerning the lawfulness of the said sideration of this fact, and in order to proposed change, and that Supplement Description: Notice of Change, dated Octo­ assume appropriate refund in the event No. 10 to Republic’s FPC Gas Rate Sched­ ber 17, 1958. said Act No. 8 of 1958 should be declared ule No. 12 be suspended and the use Purchaser: Arkansas Louisiana Gas Co. unconstitutional or otherwise held in­ Rate schedule designation: Supplement thereof deferred as hereinafter ordered. No. 9 to G u lf’s FPC Gas Rate Schedule No. 86. The Commission orders: valid by final judicial decision; it is deemed advisable to suspehd the said Effective date: December 21, 1958. (A) Pursuant to the authority of the proposed increased rate and charge. Natural Gas Act, particularly sections The increased rate and charge so pro­ This suspension, however, is based on 4 and 15 thereof, the Commission’s rules posed is intended to reflect (in whole or the possibility of the additional tax beings in p art) the additional “excise, license, of practice and procedure*, and the regu­ invalidated and that only such tax incre- or privilege tax” of one cent per Mcf lations under the Natural Gas Act (18 CFR Ch. I), a public hearing be held 1 Present rate in effect subject to refund i Present rate in effect subject to refund in upon a date to be fixed by notice from the in Docket No. G-15858. Docket No. G-15771. "Wednesdayy November 26, 1958 FEDERAI REGISTER $153

levied by the State of Louisiana pursuant subject to the jurisdiction «of the Com­ [Docket No. G-JÜ69Q0,] to Act No: 8 of 1958 (House Bill No. 303), mission. The proposed change, which B e lco P e t r o l e u m C o r p . e t a l . as approved on June 16, 1958, amending constitutes an increased rate and charge, Title 47 of the Louisiana “Revised Statutes is contained in the following designated ORDER FOR HEARING AND SUSPENDING of 1950. The Commission is advised that filing: ■PROPOSED CHANGES IN RATES litigation is being instituted to challenge Description: Notice of Change, dated Oc­ N o v e m b e r 19,1958. the constitutionality o f the said Act No. tober 20,1958. Belco Petroleum Corporation et al. 8 of 1958. In consideration of this fact, Purchaser : Permian Basin Pipe Line Com­ (Belco) on October 21, 1958, tendered and in order to assume appropriate re­ pany. for filing fwo proposed changes in its fund in the event said Act No. "8 of 1958 Rate schedule designation: Supplement presently effective rate schedules for the should be declared unconstitutional or No.' 9 to Phillips’ FPC Gas Rate Schedule sales of .natural gas subject to the Juris­ otherwise held invalid “by final judicial No. 59. Effective ^date: December 1, 1958 (effective diction of the -Commission. The pro­ decision, it is deemed advisable to sus­ date .is that proposed by Phillips). posed changes which constitute an pend the said „proposed increased rate increased rates and -charges, are and charge. In support of the proposed increase contained in the following designated This suspension, however, is based on Phillips states that its proposed rate was filings: the possibility of the additional tax being negotiated at arm’s-length; Exhibit No. invalidated and that only such tax In­ 324 in Docket Nos. G-1148, et al. (Gen­ Description; ^Notices .of Change, October crement of the proposed increased rate eral Investigation of Phillips’ Rates) in­ 21,1958. Purchaser; Pacific Northwest Pipeline shall be made effective subject to refund. dicates Phillips should receive 20.31 per Corporation. Mcf for this gas to recover its cost plus The Commission finds: It is necessary Rate schedule designation: Supplement and proper in the public interest and to a fair return; and similar increased rates No. 5 to Belco’s FPC Gas Rate Schedule No. aid in the enforcement of the provisions filed by other producers -were accepted 2. Supplement No. 16 to Belcols FPC Gas of the Natural Gas Act that the Com­ without suspension. Phillips lists two Rate Schedule No. 1. mission enter upon a hearing concerning ll.Otf per M cf rates as having been ac­ Effective date: November 21, 1958 (effec­ the lawfulness of the said proposed cepted in Lea County. tive date is that proposed by Belco). change, and that Supplement No. 9 to The increased rate and charge so pro­ In support of the proposed increases, Gulf ’s FPC Gas Kate Schedule No. 86 be posed has not been shown to be justified, Bélco submits letter agreements wherein suspended and the use thereof deferred and may be unjust, unreasonable, unduly the buyer agrees to pay the 16.0tf per M cf as hereinafter ordered. discriminatory, or preferential, or other­ rate for gas delivered at 860 psig. The The Commission orders: wise unlawful. maximum délivery pressure heretofore (A) Pursuant to the authority of the The Commission finds: It is neces- required by contract was 500 psig. Belco Natural Gas Act, particularly sections sary 'and proper in the public interest states that the impact of the rate charge 4 and 15 thereof, the Commission’s rules and to aid in the enforcement of the pro­ will be «mall and that the increase is of practice and procedure, and the regu­ visions of the Natural Gas Act that the Justified because of ihe higher delivery lations under the Natural Gas Act (18 Commission enter upon a hearing con­ pressure. CFR Ch. I), a public hearing be held cerning the lawfulness of the «aid pro­ The increased rates and charges so upon a date to be fixed by notice from posed change, and that Supplement No. proposed have not been shown to be the Secretary concerning the lawfulness 9 to Phillips’ FPC Gas Rate Schedule No. justified, and may be unjust, unreason­ of the proposed increased rate and 59 be suspended and the use thereof de­ able, unduly discriminatory, or prefer­ charge contained in Supplement No. 9 ferred as hereinafter ordered. ential, or otherwise unlawful. to Gulf’s PPC Gas Rate Schedule No. 86. The Commission orders: The Commission finds: It is necessary (B) Pending such hearing and deci­ (A) Pursuant to the authority of the and proper in the public interest and to sion thereon, said supplement be and it Natural Gas Act, particularly sections aid in the enforcement of the provisions hereby is suspended and the use thereof 4 and 15 thereof, the Commission’s rules of the Natural Gas Act-that the Com­ deferred until December 22, 1958, and of practice and procedure, and the regu­ mission enter upon a hearing concerning thereafter until such further time as it lations under the Natural Gas Act (18 the lawfulness of the said proposed is made effective in the m anner pre­ CFR Ch. I), a public hearing be held changes, and that Supplement No. 16 to scribed by the Natural Gas Act. upon a date to be fixed by notice from Belcó’s FPC Gas Rate Schedule No. 1 (C) Neither the supplement hereby the Secretary concerning the lawfulness and Supplement No. 5 to Belco’s FP C G as suspended nor the rate schedule sought of the proposed increased rate and Rate Schedule No. 2 be suspended rand to be altered thereby shall be changed charge contained in Supplement No. 9 the use thereof deferred as hereinafter until this proceeding has been disposed to Phillips’ FPC Gas Rate Schedule No. ordered. of or until the period of suspension has 59. The Commission orders: expired, unless otherwise ordered by the (B) Pending such hearing and de­ (A) Pursuant to the authority of the Commission. cision thereon, sard supplement be -and it Natural Gas Act, particularly sections 4 (D ) Interested State commissions may is hereby suspended and the use thereof and 15 thereof, the Commission’s rules of participate as provided by § § 1.8 and 1.37 deferred until May 1, 1959, and until practice and procedure, and the regula­ (f) of the Commission’s rules of practice such further time as it is made effective tions under the Natural Gas Act (18 CFR and procedure (18 CFR 1.8 and 1.37 (f)J . in the manner prescribed by the Natural Ch. I ) , a public hearing be held upon a G as Act. By the Commission. date to be fixed by notice from the Secre­ (C) Neither the supplement hereby tary concerning the lawfulness of the [ s e a l] J o s e ph H . G u t r id e , ’suspended, nor the rate schedule sought proposed increased rates and charges Secretary. to be altered thereby, shall be changed contained in Supplement No. 16 to Belco’s [F. R. Doc. 58-9780; Filed, Nov. 25, 1958; until this proceeding has been disposed FPC Gas Rate Schedule No. 1 and Sup­ 8:47 a. m .] „ of or until the period of suspension has plement No. 5 to Belco’s FPC Gas Rate expired, unless otherwise ordered by the Schedule No. 2. Commission. (B) Pending such hearing and deci­ CD) Interested State commissions may sion thereon, said supplements be and [Docket No. <3-16899] participate as provided by §.§ 1.8 and 1.37 they are hereby suspended and the use P h il l ip s P e t r o l e u m Co. (f-) of the Commission’s rules of practice thereof deferred until April 21,1959, and and procedure (18 CFR 1.8 and 1.37 ( f ) ). thereafter until such further time as they ORDER FOR HEARING AND SUSPENDING are made effective in the manner pre­ PROPOSED CHANGE IN RATE By the Commission (Commissioners Kline and Hussey dissenting). scribed by the Natural Gas Act. N o vem ber 19, 1958. (C) Neither the supplements hereby Phillips Petroleum Co. (Phillips) on [ s e a l ] J o s e ph H . G u t r id e , suspended, nor the rate schedules sought October 21, 1958, tendered, for filing a Secretary. to be altered thereby, shall be changed proposed change in its presently effective [F. R. Doc. 58-9781; Filed, Nov. 25, 1958; until this proceeding has been disposed rate schedule for the sale of-natural gas 8:48 a. m.] of or until the periods of suspension have 9154 NOTICES

expired, unless otherwise ordered by the made effective in the manner prescribed change, and that Supplement No. 9 to Commission. by the Natural Gas Act. Gulf’s FPC Gas Rate Schedule No. 76 be (D) Interested State commissions may (C) Neither the supplement hereby suspended and the use thereof deferred participate as provided by §§ 1.8 and 1.37 suspended nor the rate schedule sought as hereinafter ordered. (f) of the Commission’s rules of practice to be altered thereby shall be changed- The Commission orders: and procedure (18 C FR 1.8 and 1.37 (f ) ). until this proceeding has been disposed (A) Pursuant to the authority of the B y the Commission. of or until the period of suspension has Natural Gas Act, particularly sections 4 expired, unless otherwise ordered by the and 15 thereof, the Commission’s rules of [ seal] Joseph H. G utride, Commission. practice and procedure, and the regula­ Secretary. (D ) Interested State commissions may tions under the Natural Gas Act (18 [P. R. Doc. 58-9782; Piled, Nov. 25, 1958; participate as provided by §§ 1.8 and 1.37 CFR Ch. I), a public hearing be held 8:48 a. m.] (f) of the Commission’s rules of practice upon a date to be fixed by notice from and procedure (18 C FR 1.8 and 1.37 (f ) ). the Secretary concerning the lawfulness By the Commission (Commissioners of the proposed increased rate and Kline and Hussey dissenting). charge contained in Supplement No. 9 to [Docket No. G-16901] : Gulf’s FPC Gas Rate Schedule No. 76. [ seal] J oseph H. G utride, (B) Pending such hearing and de­ A rgo O il C orp. Secretary. cision thereon, saidjiupplement be and it ORDER FOR HEARING AND SUSPENDING [P. R, Doc. 58—9783;.. Piled, Nov. 25, 1958; hereby is suspended and the use thereof PROPOSED CHANGE IN RATE 8*48 a. m.j deferred until December 22, 1958, and until such further time as it is made N ovember 19, 1958. effective in the manner prescribed by the Argo Oil Corporation (Argo) on Oc­ Natural Gas Act. • tober 23, 1958, tendered for filing a pro­ [Docket No. G-16902] (C) Neither the supplement hereby posed change in its presently effective suspended nor the rate schedule sought rate schedule for the sale of natural gas G u l p O il C orp. to be altered thereby shall be changed subject to the jurisdiction of the Com­ ORDER FOR HEARING AND SUSPENDING until this proceeding has been disposed mission. The proposed change, which PROPOSED CHANGE IN RATES of or until ■«the period of suspension has constitutes an increased rate and charge, expired, unless otherwise ordered by the is contained in the following designated N ovember 19, 1958. Commission. filings: Gulf Oil Corporation (Gulf), on Oc­ (D) Interested States ^commissions Description: Notice of Change, undated. tober 23, 1958, tendered for filing a pro­ may participate as provided by §§ 1.8 Purchaser: Permian Basin Pipe Line posed change in its presently effective and 1.37 (f) of the Commission’s rules of Company. rate schedule1 for the sale of natural gas practice and procedure (18 CFR 1.8 and Rate schedule designation.: Supplement subject to the jurisdiction of the Com­ 1.37 ( f ) ) . No. 3 to Argo’s PPC Gas Rate Schedule mission. The proposed change, which No. 25. By the Commission. constitutes an increased rate and charge, Effective date: December 1, 1958 (effective [ seal] Joseph H. G utr id e, date is that proposed by Argo). is contained in the following designated filing: Secretary. In support of the proposed increase Description: Notice of Change, Dated Oc­ [F. R. Doc. 58-9784; Filed, Nov. 25, 1958; Argo cites its contract provisions which tober 20, 1958. - 8:48 a. m.] were arrived at by arm’s-length bargain­ Purchaser: Arkansas~Louisiana Gas ing and states that the escalation clause Company. X constituted an integral part of the con­ Rate schedule designation: Supplement sideration upon which the contract was No. 9 to G u lf’s PPC Gas Rate Schedule No. 76. [Docket No. G-16903] based. Argo further contends that the Effective date: December 21, 1958 (effec­ G race M arjorie M oran P arrish et al. current price is less than the commodity tive date is the date proposed by G u lf). value of gas sold in the area. The increased rate aneLcharge so pro­ order for hearing and suspending The increased rate and charge so pro­ posed is intended to reflect (in whole or PROPOSED CHANGE IN RATE posed has not been shown to be justified, in p art) the additional “excise, license, N ovember 19,1958. and may be unjust, unreasonable, unduly or privilege tax” of one cent per Mcf Grace Marjorie Moran Parrish et al. discriminatory, or preferential, or other­ levied by the State of Louisiana pursuant (Parrish) on Octobei- 23, 1958, tendered wise unlawful. to Act No. 8 of 1958 (House Bill No. 303), for filing a proposed change in its pres­ The Commission finds: It is necessary as approved on June 16, 1958, amending ently effective rate schedule for sale of and proper in the public interest and to Title 47 of the Louisiana Revised Stat­ natural gas subject to the jurisdiction of aid in the enforcement of the provisions utes of 1950. The Commission is ad­ the Commission. The proposed change, of the Natural Gas Act that the Commis­ vised that litigation is being instituted to which constitutes an increased rate and sion enter upon a hearing concerning challenge the constitutionality of the charge, is contained in the following the lawfulness of the said proposed said Act No. 8 of 1958. In consideration designated filing: * change, and that Supplement No. 3 to of this fact, and in order to assure ap­ its FPC Gas Rate Schedule No. 25 be propriate refund in the event said Act Description: Notice of Change, Undated. suspended and the use thereof deferred No. 8 of 1958 should be declared uncon­ Purchaser: El Paso Natural Gas Co. as hereinafter ordered. Rate schedule designation: Supplement stitutional or otherwise held invalid by No. 2 to Parrish’s FPC Gas Rate Schedule The Commission orders: final judicial decision, it is deemed ad­ No. 1. (A) Pursuant to the authority of the visable to suspend the said proposed Effective date: November 23, 1958 (effective Natural Gas Act, particularly sections increased rate and charge. date is the first day after the expiration of 4 and 15 thereof, the Commission’s rules This suspension, however, is based on the required thirty days’ notice)'. of practice and procedure, and the regu­ the possibility of the additional tax be­ In support of the proposed increase lations under the Natural Gas Act (18 ing invalidated and only such tax incre­ Parrish, et al., state that the periodic CFR Ch. I), a public hearing be held ment of the proposed increased rate pricing provisions of the contract were upon a date to be fixed by notice from shall be subject to refund. negotiated at arm’s length and con­ the Secretary concerning the lawfulness Thè Commission finds: It is necessary stitute an integral part of the .considera­ of the proposed increased rate and and proper in the public interest and to tion upon which the contract was based. charge contained in Supplement No. 3 to aid in the enforcement of the provisions The increased rate and charge so pro­ Argo’s FPC Gas Rate Schedule No. 25. of the Natural Gas Act that the Commis­ posed has not been shown to be justified, (B) Pending such hearing and de­ sion) enter upon a hearing concerning and may be unjust, unreasonable, unduly cision thereon, said supplement be and the lawfulness of the said proposed discriminatory, or preferential, or other­ thereby is suspended and the use thereof wise unlawful... deferred until May 1, 1959, and there­ ? Present effective rate suspended in Docket The Commission finds: It is necessary after until such further time as it is No. G-15831. and proper in the public interest and to Wednesday, N ovem ber 26, 1958 FEDERAL REGISTER 9155

aid in the enforcement of the provisions and may be unjust, unreasonable, unduly tive Statement; and the time for filing of the Natural G as Act that the Commis­ discriminatory, or preferential, or other­ such objections and comments having sion enter upon a hearing concerning the wise unlawful. expired and no such objections or com­ lawfulness of the said proposed change, The Commission finds: It is necessary ments having been filed; and that Supplement No. 2 to Parrish’s and proper in the public interest and to It is hereby ordered, For the reasons FPC Gas Rate Schedule No. 1 be sus­ aid in the enforcement of the provisions set forth in the Board’s Statement1 of pended and the use thereof deferred as of the Natural Gas Act that the Com­ this date, that the said application be and hereinafter ordered. mission enter upon a hearing ^concerning hereby is granted and the acquisition by The Commission orders: the lawfulness of the proposed change, BancOhio Corporation of up to 100 per­ (A) Pursuant to the authority of the and that Supplement No. 1 to Humble’S cent of the outstanding voting shares of Natural Gas Act, particularly sections FPC Gas Rate Schedule No. 135 be sus­ The Kenton Savings Bank, Kenton, Ohio, 4 and 15 thereof, the Commission’s rules pended and the use thereof deferred as is hereby approved, provided that such of practice and procedure, and the regu­ hereinafter ordered. acquisition is completed within three lations under the Natural Gas Act (18 The Commission orders : months from the date hereof. CPR Ch. I), a public hearing be held

U n i o n B o n d & M ortgage C o . form provided in such rules (49 CFR Carrier proposes to operate as a common 211.1 (e )) at any time but will not oper­ carrier by motor vehicle of general com­ ORDER APPROVING APPLICATION FOR PRIOR ate to stay commencement of the pro­ modities with certain exceptions, over APPROVAL posed operations unless filed within 30 three deviation routes, (A) between There having come before the Board of days from the date of publication. Akron, Ohio, and junction U. S. High­ Governors pursuant to section 3 (a) (2) : Successively filed letter-notices of the ways 21 and 62, as follows: from Akron of the Bank Holding Company Act of same carrier under the Commission’s over Ohio Highway 241 to Massillon, 1956 (12 U. S. C. 1843) and section 4 Deviation Rules Revised, 1957, will be Ohio, thence over U. S. Highway 21 to (a ) (2) of the B oard’s Regulation Y (12 numbered consecutively for convenience junction U. S. Highway 62; (B) between CPR 222.4 (a) (2)), an application on in identification and protests i if any Findlay, Ohio, and Van Wert, Ohio, as behalf of Union Bond & Mortgage Com­ should refer to such letter-notices by follows: from Findlay over U. S. High­ pany, whose principal office is in Port number. way 224 to Van Wert; and (C) between Angeles, Washington, for the Board’s Fort Wayne, Ind., and junction U. S. m o to r Carriers o f pr o p e r ty prior approval of the acquisition of 10 Highways 66 and 24 (near Chenoa, 111.), additional shares of the outstanding vot­ No. MC 3377 (Deviation No. 1), LAS- as^follows: from Fort Wayne over U. S. ing shares of Bank of Sequim, Sequim, KAS MOTOR LINES, INC., 375 Thomas- Highway 30 to junction U. S. Highway 66 Washington; a Notice of Tentative De­ ton Avenue, Waterbury 20, Conn., filed (about 5 miles west of Joliet, 111.), thence cision referring to a Tentative Statement, November 3, 1958. Attorneys for said over U. S. Highway 66 south to junction on said application having been pub­ carrier, Hugh M. Joseloff and Thomas W. U. S. Highway 24; and return over the lished in the F ederal R egister on Octo­ Murrett, 410 Asylum Street, Hartford 3, same routes, for operating convenience ber 30, 1958 (23 F. R. 8412); the said Conn. Carrier proposes to operate as a only, serving no intermediate points. Notice having provided interested per­ common carrier by motor vehicle of gen­ The notice indicates that the carrier is sons an opportunity, before issuance of eral commodities, with certain excep­ presently authorized to transport the the Board’s final order, to file objections tions, over a deviation route, between the same commodities over the following or comments upon the facts stated and Western Terminus of the Connecticut pertinent routes: from Akron, Ohio, over the reasons indicated in the Tentative Turnpike at the Connecticut-New York Ohio Highway 8 to Canton, thence over Statement; and the time for filing such State line and the New Haven, Conn., U. S. Highway 62 to junction. U. S. High­ objections and comments having expired, exit of the said Turnpike, as follows: way 21; from Barberton, Ohio, over U. S. and no such objections or comments hav­ from the Western Terminus of the Con­ Highway 224 via Tiffin, Ohio, to Findlay, ing been filed; necticut Turnpike over the Connecticut Ohio, thence over U. S. Highway 25 to It is hereby ordered, For the reasons Turnpike and access routes to the New Lima, Ohio (Crosses U. S. H ighway 30N); set forth in the Board’s Statement1 of Haven exit of the said Turnpike and from Delphos, Ohio, over U. S. highway this date, that the said application be and return over the same route, for operating 30 to Van Wert, Ohio; from Fort Wayne, hereby is granted and the acquisition convenience only, serving no interme­ Ind., over U. S. Highway 24 to Hunting- by Union Bond & Mortgage Company of diate points. The notice indicates that ton, Ind.; and from Huntington, Ind., 10 additional shares of Bank of Sequim, the carrier is presently authorized to over U. S. Highway 24 to Peoria, ill.; and Sequim, W ashington, is hereby approved, transport the same commodities over the return over the same routes. provided that such acquisition is com- j following pertinent routes: from Hart­ No. MC 74721 (Deviation No. 4), pleted within three months from the date ford, Conn., over Connecticut Highway MOTOR CARGO, INC., T540 West Mar­ hereof. 175 to New Britain, Conn., thence over ket Street, Akron 13, Ohio, filed Novem­ Connecticut Highway 72 to Plaihville, ber 12, 1958. Carrier proposes to This 19th day of November 1958. Conn., thence over Connecticut Highway operate as a common carrier by motor By order pf the Board of Governors.* 10 to Cheshire, Conn., thence over Con­ vehicle of general commodities, with cer­ necticut Highway 70 to Waterbury, tain exceptions, over a deviation route [ s e a l ] M erritt S h e r m a n , Conn., thence over Connecticutr High way Secretary. between South Bend, Ind., and junction 8 to Stratford, Conn., thence over U. S. Indiana Highway 2 and U. S. Highway [F. R. Doc. 58-97C9; Filed, Nov. 25, 1958; Highway 1 via Rahway Junction, N. J., 20, as follows: from South Bend over 8:49 a. m.] to junction U. S. Highway 9, and thence Indiana Highway 2 to junction U. S. over U. S. Highway 9 to Perth Amboy, Highway 20 and return over the same N. J.; and from Naugatuck, Conn., over route, for operating convenience only, INTERSTATE COMMERCE Connecticut Highway 63 to junction Con­ serving no intermediate points. The COMMISSION necticut'Highway 67, thence over Con­ notice indicates that the carrier is pres­ necticut Highway 67 to New Haven, ently authorized to transport the same [Notice 61] Conn., and thence over U. S. Highway 1 commodities between Cleveland, Ohio, M otor C arrier A l t e r n a t e R o u t e to Stratford, Conn.; and return over the and Rockford, 111., over U. S. Highway 20. D e v ia t io n N o t ic e same routes. - No. MC 75320 (Deviation No. 5), No. MC 28813 (Deviation No. 1),'M O­ CAMPBELL-66-EXPRESS, INC., P. O. N o vem ber 21, 1958. TOR EXPRESS, INC. OF INDIANA, 701 Box 390, Springfield, Mo., filed October Thg following letter-notices of pro­ Illinois Building, Indianapolis 4, Ind., 22, 1958. Carrier proposes to operate as posals to operate over deviation routes filed November 13, 1958. Carrier pro­ a common carrier by motor vehicle of for operating convenience only with no poses to operate as a common carrier by general commodities, with certain excep­ service at intermediate points have been motor vehicle of general commodities, tions, over a deviation route, between filed with the Interstate Commerce Com­ with Certain exceptions, over a deviation Tulsa, Okla., and McElhany, Mo., as fol­ mission, under the Commission’s Special route, between Indianapolis, Ind., and lows: from Tulsa over U. S. Highway 66 Rules Revised, 1957 (49 CFR 211.1 (ç) junction Indiana Highway 46 and U. S. to junction Oklahoma Highway 33, (8) ) and notice thereof to all interested Highway 52, east of Harrison or the In-' thence over Oklahoma Highway 33 to persons is hereby given as provided in diana-Ohio State line, as follows: from junction U. S. Highway 59, thence over such rules (49 CFR 211.1 (d) (4) ). Indianapolis over U. S. Highway 421 to U. S. Highway 59 to junction Oklahoma Protests against the use of any pro­ junction Indiana Highway 46, at Greens- Highway 116, thence over Oklahoma posed deviation route herein described burg, Ind., thence over Indiana Highway Highway 116 to junction Arkansas High­ may be filed with the Interstate Com­ 46 to junction U. S. Highway 52, and re­ way 99, thence over Arkansas Highway merce Commission in the manner and turn over th§ same route, for operating 99 to junction Oklahoma Highway 20, convenience only, serving no interme­ thence over Oklahoma Highway 20 to 1 Filed as part of the original document. diate? points. The notice indicates that junction Missouri H ighway 90, thence Copies available upon request to the Board the carrier is presently authorized to over Missouri Highway 90 to junction of Governors of the Federal Reserve System, transport the same commodities between Missouri Highway 43, thence over Mis­ Washington 25, D. C., or to any Federal Cincinnati, Ohio, and Indianapolis, Ind., Reserve Bank. souri Highway 43 to junction unnum­ 3 Voting for this action : Chairman Martin,over U. S. Highway 52. bered County road at or near Hart, Mo., Vice Chairman Balderston, and Governors No. MC 30311 (Deviation No. 1), thence over unnumbered County road Szymczak, Mills, Robertson and Shepardson. FREIGHT, INC., 408 Wellington Avenue, via May, Mo., to junction Missouri Coun­ Absent and not voting: Governor Vardaman. Akron, Ohio, filed November 30, 1958. ty road AA, thence over Missouri County Wednesday, November 26, 1958 FEDERAL REGISTER 9157

road AA to McElhany and return over Springs Junction, Calif., and San Jose, Springs, Iowa, to points in Minnesota on ^the same route, for operating conveni­ Calif., as follows: from junction Cali­ and south of U. S. Highway 2; ground ence only, serving no intermediate points. fornia Highways 17 and 21 (Warm corn, from Nora Spring^, Mankato, and The notice indicates that the carrier is Springs Juhction), over California Rochester, Minn., to Nora Springs, presently authorized to transport the Highway 17 to San Jose and return over Iowa. William A. Landau, 1307 East same commodities over the following the same route, for operating conven­ Walnut Street, Des Moines 16, Iowa, for pertinent routes: from Joplin, Mo., over ience only, serving no intermediate applicants. U. S. Highway 66 ta junction Kansas points. The notice indicates that the No. MC-FC 61700. By order of Highway 96 (now Kansas Highway 26), carrier is presently authorized to trans­ November 19, 1958, the Transfer Board thence over Kansas Highway 96 to junc­ port passengers between Warm Springs approved the transfer to Galbraith Van tion U. S. Highway 69, thence over U. S. Junction, Calif., and San Jose, Calif., & Storage Company, a California Corpo­ Highway 69 via Pittsburg, Kans., ta Kan­ over an unnumbered highway (formerly ration, Bakersfield, Calif., of Certificate sas City; from junction Kansas H igh­ California Highway 17). No. M C 75124 issued October 23, 1953, to way 96 (now Kansas Highway 26) and By the Commission. G. H. Galbraith, M. H. Galbraith, H. J. U S. Highway 66, near Riverton, Kans., Galbraith, and D. B. Galbraith, a part­ over U. S. Highway 66 to Baxter Springs, [ s e a l ] H arold D. M cC o y , nership, doing business as Galbraith Van Kans., thence over U. S. Highway 166 Secretary. & Storage Co., Bakersfield, Calif., au­ to junction U. S. Highway 69; and from [F. R. Doc. SS-Q’y'S; Filed, Nov. 25, 1958; thorizing the transportation of house­ Baxter Springs over U. S. Highway 66 to 8:50 a. m.] hold goods, as defined by the Commis­ Tulsa; and return over the same routes. sion, over irregular routes, between No. MC 109186 (Deviation No. 1), points within 30 miles of Bakersfield, N EW Y O R K & W O R C E S T E R EXPR ESS, Calif., including Bakersfield. Harry M. INC., 558 Southbridge Street, Worcester, [Notice 52] > Conron, 1712 19th Street, P. O. Box 528, Mass., filed November 18,1958. Attorney Bakersfield, Calif., for applicants. for said carrier, George A. Olsen, M otor C arrier T r ansfer P r o c eed in g s [ s e a l ] H arold D. M cC o y , 69 Tonnele Avenue, Jersey City 6, N. J. N o v e m b e r 21, 1958. Secretary. Carrier proposes to operate as a common carrier by motor vehicle of general com -j Synopses of orders entered pursuant [F. R. Doc. 58-9794; Filed, Nov. 25, 1958; modifies, with certain exceptions, over to section 212 (b) of the Interstate Com­ 8:50 a. m.] deviation routes, between the Eastern merce Act, and rules and regulations Terminus of the Connecticut Turnpike prescribed thereunder (49 CFR Part at Killingly, Conn., and the Western 179) .appear below: [Notice 244] Terminus of the said Turnpike at the As provided in the Commission’s spe­ Connecticut-New York State line, as fol­ cial rules of practice any interested per­ M otor C arrier A pplications lows: from the Eastern Terminus of the son may file a petition seeking recon­ N ovem ber 21,1958. Connecticut Turnpike over the Connecti­ sideration of the following numbered cut Turnpike and access routes to the proceedings within 20 days from the date The following applications are gov­ Western Terminus of the said Turnpike of publication of this notice. Pursuant erned by the Interstate Commerce Com­ and return over the same route, for to section 17 (8) of the Interstate Com­ mission’s special rules governing notice operating convenience only, serving no merce Act, the filing of such a petition of filing of applications by motor car­ intermediate points. The notice indi­ will postpone the effective date of the riers of property or passengers and by cates that the carrier is presently au­ order in that proceeding pending its dis­ brokers under sections 206, 209, and 211 of the Interstate Commerce Act and cer­ thorized to transport the same com­ position. The matters relied upon by modities over the following- pertinent petitioners must be specified in their tain other procedural matters with re­ routes: from New York, N. Y.,over U. S. petitions With particularity. spect thereto. Highway 1 to New Haven, Conn., thence No. MC-FC 61487. By order of No­ All hearings will be called at 9:30 over U. S. Highway 5 (also over Alternate vember 19, 1958, the Transfer Board o’clock a. m., United States standard U. S. Highway 5) to Springfield, Mass.; approved the transfer to E. L. Boner, time, unless otherwise specified. doing business as Owens Transfer, P. O. from Boston, Mass., over Massachusetts A pplications A s sig n e d for O ral H e a r in g Box 146, Duquoin, 111., of a portion of Highway 9 to junction U. S. Highway 20, or P r e-H ea r in g C o n f e r e n c e thence over U. S. Highway 20 to Spring- certificate in No. M C 20135 and the entire MOTOR CARRIERS OF PROPERTY field, Mass., thence over U. S. Highway 5 operating rights in certificate No. MC to New Haven, Conn., and thence over 20135 Sub 2, each issued M ay 2, 1951, to No. MC 986 (Sub No. 9), filed October U. S. Highway T to New York, N. Y.; Morrison Transfer Co., Inc., Sparta, 111., 30, 1958. Applicant: KANSAS NE­ from Boston over U. S. Highway 1 to authorizing the. transportation of Gen­ BRASKA XPRESS, INC., 1700 West Providence, R. I., thence over Rhode Is­ eral commodities, with the usual excep­ Ninth Street, Kansas City 1, Mo. Appli­ land Highway 3 to junction Connecticut tions including household goods, between cant’s attorney: Tom B. Kretsinger, Highway 84, thence over Connecticut Cutler, HI., and St. Louis, Mo., with 1014-18 Temple Building, Kansas City Highway 84 to junction U. S. Highway 1, service to and from points in the St. 6, Mo. Authority sought to operate as and thence over U. S. Highway 1 to Louis, Mo.-East St. Louis, 111., Commer­ a common carrier, by motor vehicle, over New York, N. Y. ; from Springfield, Mass., cial Zone. an alternate route, transporting: Gen­ over U, S. Highway 20 to Palmer, Mass;, No. MC-FC 61566. By order of No­ eral commodities, except those of unus­ thence over Massachusetts Highway 32 vember 19, 1958, the Transfer Board ual value, Class A and B explosives, to Ware, Mass.„and thence over Massa­ approved the transfer to Arnold Wayne household goods as defined by the Com­ chusetts Highway 9 to Worcester, M ass.; Miller, doing business as Miller Truck mission, commodities in bulk, and those and from Springfield over U. S. High-“ Line, Rudd, Iowa, of Certificate No. MC requiring special equipment, between way 20 to Worcester; and return over 109982 issued December 23, 1949, to Kansas City, Mo., and Omaha, Nebr., the same routes. Ernest O. Wood, doing business as Ernie from Kansas City over U. S. Highway 24 Wood, Rudd, Iowa, authorizing the to junction U. S. Highway 75, thence MOTOR CARRIERS OF PASSENGERS transportation over irregular routes of over U. £f. Highway 75 to Omaha, and livestock, between Rudd, Iowa,, and return over the same route, serving no No. MC 1501 (Deviation No. 21), points within five-miles of Rudd, on the intermediate points, as an alternate route THE GREYHOUND CORPORATION, one hand, and, on the other, South St. for operating convenience > only, in con­ . (WESTERN GREYHOUND LINES DI­ Paul, Albert Lea, and Austin, Minn.; nection with applicant’s authorized reg­ VISION), 5600 Jarvis Avenue, Chicago from Nora Springs, Iowa, and points ular route operations between (a) Wash­ 31, 111., filed November 4, 1958. Attor­ within 25 miles of Nora Springs, to South ington and Kansas City, Kans., (b) ney for said carrier, Earl A. Bagby, 371 St. Paul, Albert Lea, and Austin, Minn.; Washington, Kans., and Omaha, Nebr., Market Street, San Francisco 5, Calif. brick, tile and mortar mix, from Rock­ (c) Republic, Kans., and Kansas City, Carrier proposes to operate as a common ford, Iowa, and points within one mile Mo., and from Kansas City, Mo., to Had- carrier by motor vehicle of passengers of Rockford, t6 points in Minnesota; dam, Kans. Applicant is authorized to over a deviation route, between Warm seeds, from Mason City and Nora conduct regular route operations in 9158 NOTICES

Kansas, Missouri and Nebraska, and the United States; (3) truck-tractors ized to conduct operations throughout irregular route operations in Iowa, Kan­ in secondary movements, in -driveway the United States. sas, Missouri, Nebraska, and South service only when drawing trailers mov­ HEARING: December 19, 1958, at the Dakota. ing in initial movements in driveaway Offices of the Interstate Commerce Com­ HEARING: January 20, 1959, at the method, from Oregon, 111., to points in mission, Washington, D. C., before Ex­ New Hotel Pickwick, Kansas City, Mo., Arizona, Nevada, Oregon, and Vermont. aminer Lawrence A. Van Dyke. before Examiner Allan F. Borroughs. Applicant is authorized to conduct opera­ No. MC 8989 (Sub No. 175), filed Sep­ No. MC 4405 (Sub No. 313), filed Oc­ tions throughout the United States. tember 23, 1958. Applicant: HOWARD tober 13, 1958. Applicant: DEALERS HEARING: January 13, 1959, in Room SOBER, INC., 2400 West St. Joseph TRANSIT, INC., 12601 South Torrence 852, U. S. Custom House, 610 South Canal Street, Lansing, Mich. Applicant’s at­ Avenue, Chicago 33, Ill.v Applicant’s at­ Street, Chicago, 111., before Examiner torney: Thomas A. Graham, 10 South torney: James W. Wrape, Sterick Build­ Leo W. Cunningham. La Salle Street, Chicago 3, 111. Authority ing, Memphis, Tenn. Authority sought No. MC 4405 (Sub No. 316), filed Oc­ sought to operate as a common carrier, to operate as a common carrier, by motor tober 24, 1958. Applicant: DEALERS by motor vehicle, over irregular routes, vehicle, over irregular routes, ^transport­ TRANSIT, INC., 12601 South Torrence transporting: Assembled and partially ing: (1) Trailers, semi-trailers, trailer Avenue, Chicago 33, 111. Applicant’s at­ assembled motor vehicles, parts, acces­ and semi-trailer chassis, other than those torney, James W. Wrape, Sterick Build­ sories and equipment thereof, in initial designed to be drawn by passenger auto­ ing, Memphis, Tenn. Authority sought movements, in truckaway and driveaway mobiles, in initial movements, in trucka- to operate as a common carrier, by motor service, from points in Stark County, way service, from South Bend, Ind., to vehicle, over irregular routes, transport­ Ohio, to points in Illinois, Indiana, all points in the United States, except ing: (1) Trailers, semi-trailers and Iowa, Kansas, Kentucky, Minnesota, Alabama, Georgia, North Carolina, South trailer and semi-trailer chassis, other Missouri, Nebraska, North Dakota, Ohio, Carolina, and Tennessee. <2) Trailers, than house trailers and mobile homes, South Dakota, and Wisconsin; and dam­ semi-trailers, trailer and semi-trailer in initial movements in truckaway and aged, rejected or returned shipments of chassis, other than those designed to be driveaway service, (2) truck and trailer the above-described commodities, on re­ drawn by passenger automobiles, in ini­ bodies, from West Plains, Mo., to points turn. Applicant is authorized to con­ tial movements, in driveaway service, in the United States; (3) truck-tractors duct operations'throughout the United from Sohth Bend, Ind., to all poihts in in secondary movements, in driveaway States. the United States, except Alabama, Geor­ service only when drawing trailers mov­ HEARING: January 5, 1959, in Roojn gia, North Carolina, South Carolina, ing in initial movements, in driveaway 852, U. S. Custom House, 610 South Canal Tennessee, and the Chicago, 111., Com­ method, from West Plains, Mo., to points Street, Chicago, I1L, ¿¿fore Examiner mercial Zone, as defined by the Commis­ in Arizona, Nevada, Oregon, and Ver­ L^o W. Cunningham. sion. (3) Truck-tractors, in secondary mont. Applicant is authorized to con­ No. MC 8989 (Sub No. 176), filed Sep­ movements, by driveaway method, only duct operations throughout the United tember 26, 1958. Applicant: HOWARD when drawing trailers moving in initial States. SOBER, INC., 2400 West St- Joseph movements in driveaway service, from HEARING: January 7, 1959, at the Street, Lansing, Mich. Applicant’s at­ South Bend, Ind., to points in Arizona,. U. S. Court House and Custom House, torney: Albert F. Beasley, Investment Nevada, Oregon, and Vermont^ Appli­ 1114 Market Street, St. Louis, Mo., be­ Building, 15th and K Streets, Washing­ cant is authorized to conduct operations fore Examiner Allan F. Borroughs. ton 5, D. C. Authority sought to operate throughout the United States. No. MC 4405 (Sub No. 319), filed Octo­ as a common carrier, by motor vehicle, HEARING: January 13, 1959, in Room ber 30, 1958. Applicant: DEALERS over irregular routes, transporting: M o ­ 852,' U. S. Custom House, 610 South TRANSIT, INC., 12601 South Torrence tor vehicles, in initial movements, in Canal Street, Chicago, 111., before Ex­ Avenue, Chicago 33, 111. Applicant’s at­ truckaway . and driveaway service, and aminer Leo W. Cunningham.v torney : James W. Wrape, Sterick Build­ parts, tools or accessories when moving No. MC 4405 (Sub No. 314), filed ing, Memphis, Tenn. Authority sought wi|h the motor vehicles, from points in October 17, 1958. Applicant: DEALERS to operate as a common carrier, by mo­ the Chicago, 111., Commercial Zone to TRANSIT, INC., 12601 South Torrence tor vehicle, over irregular routes, trans­ points in the United States, and dam­ Avenue, Chicago 33, 111. Applicant’s at­ porting: Trailers, semi-trailers, and aged, rejected, and returned shipments torney: James W. Wrape, Sterick Build­ trailer and semi-trailer chassis, other of the commodities specified in this ap­ ing, Memphis, Tenn. Authority sought than those designed to be drawn by plication from points in the United to operate as a common carrier, by motor passenger automobiles, in initial move­ States to points in the Chicago, 111., vehicle, over irregular routes, transport­ ments, in truckaway and driveaway Commercial Zone. Applicant is author­ ing: Motor vehicles, in initial movements, service, from Jerseyville, 111., to points ized to conduct operations throughout by truckaway service, from Chicago, 111., in the United States; truck-tractors, in the United States. to points in the United States, except secondary movements, by driveaway HEARING: January 15,1959, In Room points in Illinois, Indiana, Iowa, Kansas, method, only when drawing trailers 852, U. S. Custom House, 610 South ©anal Minnesota, Nebraska, North Dakota, moving in initial movements in drive­ Street, Chicago, 111., before Examiner South Dakota, Wisconsin, points in the away service, Jerseyville, 111., to points Leo W. Cunningham. upper Peninsula of Michigan, and except in Arizona, Nevada, Oregon, and Ver­ No. M C 29886 (Sub No. 130), filed points in that part of Michigan on and mont ; and conveyors, elevators, and ma­ October 17, 1958. Applicant: DALLAS & south of U. S. Highway 12, and St. Louis, terial throwers, from Jerseyville, 111., to MAVIS FORWARDING CO., INC., 4000 Mo. Applicant is authorized to conduct West. Sample Street, South Bend, Ind. operations throughout the United States. points in the United States. Applicant is authorized to conduct operations Applicant’s attorney: Charles M. Pieroni, H E A R IN G : January 15,1959, in Room 523 Johnson Building, Mmicie, Ind. Au­ throughout the United States. 852, U. S. Custom House, 610 South Canal thority sought to operate as a common HEARING: January 7, 1959, at the Street, Chicago, 111., before Examiner carrier, by motor vehicle, over irregular Leo W. Cunningham. U. S. Court House and Custom House, routes, transporting: Construction ma­ No. MC 4405 (Sub No. 315), filed Oc­ 1114 Market Street, St. Louis, Mo., be­ chinery and equipment, and parts tober 24, 1958. Applicant: DEALERS fore Examiner Allan F. Borroughs. thereof, as defined in Appendix VIII to TRANSIT, INC., 12601 South Torrence No. MC 4405 (Sub No. 320), filed No­ report in Description of Motor Carrier Avenue, Chicago 33, 111. Applicant’s at­ vember 14, 1958. Applicant: DEALERS Certificates, 61 M C C 209, including ex­ torney: James W. Wrape, Sterick Build­ TRANSIT, INC., 12601 South Torrence cavating and earth-scraping machines, ing, Memphis, Tenn. Authority sought Avenue, Chicago 33, 111. Applicant’s at­ between Newton Falls, Ohio, on the one to operate as a common carrier, by motor torney : James W. Wrape, Sterick Build­ hand, and, on the other, points in Con­ vehicle, over irregular routes, transport­ ing, Memphis, Tenn. Authority sought necticut, Delaware, Indiana, Kentucky, ing: (1) Trailers, semi-trailers and trailer and semi-trailer chassis, other to operate as a common carrier, by mo­ Maine, Maryland, Massachusetts, Mich­ than house trailers and mobile homes, tor vehicle, over irregular routes, trans­ igan, New Hampshire, New Jersey, New in initial movements, in truckaway and porting: Shelters, equipped or un­ York, Ohio, Pennsylvania, Rhode Island, driveaway ^service, (2) Truck and trailer equipped, from York, Pa., to points in Tennessee, Vermont, Virginia, West Vir­ bodies, from Oregon, 111., to poihts in the United States. Applicant is author­ ginia, and the District of Columbia. Wednesday, N ovem ber 26, 1958 FEDERAL REGISTER 9159

Applicant is authorized to conduct opera­ defined in Descriptions of Motor Carrier bama, Illinois, Kentucky, Mississippi, tions throughout the United States. Certificates, Ex Parte MC-45-, in initial Missouri and Tennessee, and irregular HEARING: January 12, 1959, in Room movements, in truckaway service, from route operations in Alabama, Connecti­ 852, U. S. Custom House, 610 South Canal Chicago, 111., to points in the United cut, Florida, Georgia, Illinois, Indiana, Street, Chicago, 111., before Exam iner Leo States. Applicant is authorized to con­ Kentucky, Louisiana, Maryland, Mas­ W. Cunningham. duct operations throughout the United sachusetts, Michigan, Mississippi, New No. MC 30378 (Sub No. 48), filed Ocr States. Jersey, New York, Ohio, Pennsylvania, tober 10, 1958. Applicant: ASSOCI­ HEARING: January 15, 1959, in Room Rhode Island, Tennessee, and Wisconsin. ATED TRANSPORTS, INC., P. O. Box 852, U. S. Custom House, 610 South Canal HEARING: January 8, 1959, in Room 85, Robertson, Mo. Applicant’s attor­ Street, Chicago, 111., before Examiner 852, U. S. Custom House, 610 South ney: T. D. Drury, 506 Olive Street, St. Leo W. Cunningham. Canal Street, Chicago, 111., before Exam­ Louis 1, Mo. Authority sought to op­ No. MC 30837 (Sub No. 247), filed No­ iner Leo W. Cunningham. erate as a common carrier, by motor ve­ vember 14, 1958. Applicant: KENOSHA No. MC 50132 (Sub No. 46), filed hicle, over irregular routes, transporting: AUTO TRANSPORT CORPORATION, October 23, 1958. Applicant: CENTRAL New automobiles, new trucks, new chas­ 4519 76th Street, Kenosha, W is. A ppli­ & SOUTHERN TRUCK LINES, INC., sis, and automobile parts and accessories cant’s attorney : Paul F. Sullivan, 1821 312 West Morris Street, Caseyville, 111! incidental to equipment of vehicles Jefferson Place NW., Washington 6, Authority sought to operate as a common transported, in initial movements, by D. C. Authority sought to operate as a or contract carrier, by motor vehicle, truckaway and driveaway methods, from common carrier, by motor vehicle, over over irregular routes, transporting: the site of the Ford Motor Company irregular routes, transporting: (1) Meats, meat products, and meat by­ plant in Claycomo, Clay County, Mo., to Trailers, other than house trailers and products, dairy products, articles dis­ points in Alabam a and Wisconsin, and mobile homes, in initial movements by tributed by meat-packing houses, and damaged or rejected shipments of the driveaway and truckaway methods, from such commodities as are used by meat above-specified commodities on return. points in Luzerne County, Pa., to points packers in the conduct of their business Applicant is authorized to conduct oper­ in the United States; (2) truck-tractors, when destined to and for use by meat ations in Alabam a, Arkansas, Colorado, in secondary movements by driveaway packers, from St: Joseph, Mo., to points Florida, Georgia, Illinois, Indiana, Iowa, method only when drawing trailers mov­ in Alabama, Kentucky, North Carolina, Kansas, Kentucky, Louisiana, Michigan, ing in initial movements in driveaway Virginia, Arkansas, Louisiana, South Minnesota, Mississippi, Missouri, Mon­ service from points in Luzerne County, Carolina, West Virginia, Georgia, Miss­ tana, Nebraska, New Mexico, North Caro­ Pa., to points in the United States; and issippi, and Tennessee, and those articles lina, North Dakota, Ohio, Oklahoma, (3). truck and trailer bodies, winches, used by meat packers in the conduct of Pennsylvania, South Carolina, South containers, cargo containers, cargo con­ their business when destined in and for Dakota, Tennessee, Wisconsin, and W yo­ tainer bodies, and cargo container boxes, use by meat packers, on return. Appli­ ming/': from points in Luzerne County, Pa., to cant is authorized to conduct operations Note: Any duplication with present au­ points in the United States. Applicant as a contract carrier in Alabama, thority to be eliminated. is authorized to conduct operations Arkansas, Florida, Georgia, Illinois, throughout the United States. Indiana, Kansas; Kentucky, Louisiana, HEARING: January 19, 1959, at the HEARING: December 15, 1958, in Mississippi, Missouri, Nebraska, North New Hotel Pickwick, Kansas City, Mo., Room 852, U. S. Custom Houses 610 South Carolina, Ohio, South Carolina, Ten­ before Examiner Allan F. Borroughs. Canal Street, Chicago, 111., before Exam­ nessee, Virginia, and W est Virginia. No. M C 30605 (Sub No. 103), filed Oc­ iner Lacy W . Hinely. tober 12, 1958. Applicant: T H E S A N T A N o t e : Applicant states that it has hied No. MC 40302 (Sub No. 28), (CORREC­ FE TRAIL TRANSPORTATION COM­ a petition with this Commission for determi­ T IO N ) filed September 8,1958, published PANY, a corporation, 433 East Water­ nation of its status under the Transportation issue of November 5, 1958. Applicant: Act of 1957, and that hearing was held and man, Wichita, Kans. Applicant’s attor­ FEDERAL EXPRESS, INC., 4930 North a proposed order issued finding applicant’s ney: Francis J. Steinbrecher, Law Pennsylvania Street, Indianapolis, Ind. operations to conform to those of a common Department, The Atchison, Topeka and Applicant’s attorney: Ferdinand Born, carrier. The pending conversion proceeding Santa Fe Railway System, 80 East Jack- is assigned Docket No. MC 50132 (Sub No. 38). J.017-19 Chamber of Commerce Building, son Boulevard, Chicago 4, 111. Authority Indianapolis 4, Ind. Item (2) of the HEARING : January 23, 1959, at the sought to operate as a common carrier, route description contained in previous New Hotel Pickwick, Kansas City, Mo., by motor vehicle, over a regular route, publication is correctly described between before Examiner Allan F. Borroughs. transporting: General commodities, ex­ Louisville, Ky., and junction U. S. High­ No. MC 50132 (Sub No. 48), filed Octo­ cept liquid nitroglycerine, livestock, ways 25 and 40, at or near Vandalia, ber 29, 1958. Applicant: CENTRAL & sand, coal, rock, hay, commodities ex­ Ohio. However, on the third line, SOUTHERN TRUCK LINES, INC., 312 ceeding capacity of equipment and second column of the notice in the F ed ­ West Morris Street, Caseyville, 111. Au­ articles prohibited by law from trans­ eral R e g ister the highway is designated thority sought to operate as a common portation in motor vehicles between as U. S. Highway 50, in error, instead of or contract carrier, by motor vehicle, Cottonwood Falls, Kans., and junction U. S. Highway 40. over irregular routes, transporting: Kansas Highway 13 and U. S. Highway Feed and feed ingredients, in bags and 77 at or near El Dorado, Kans., from HEARING: Remains as assigned, De­ cember 9,1958, at the U. S. Court Rooms, in bulk, (1) from points in Alabama, Cottonwood Falls over Kansas Highway Arkansas, Florida, Georgia, Louisiana, 13 to junction U. S. Highway 77 at or Indianapolis, Ind., before Joint Board No. 208. Mississippi, North Carolina, Oklahoma, near El Dorado, and return over the same South Carolina, Tennessee, and Texas route, serving the intermediate points No. MC 41404 (Sub No. 16), filed Octo­ to points in St. Clair County, 111.; (2) of Bazaar, Matfield Green, Cassoday, ber 20, 1958. Applicant: ARGO-COL- and Chelsea, Kans. LIER TRUCK LINES CORPORATION, from points in St. Clair County, 111., and those in Tennessee to points in Arkansas, HEARING: January 26, 1959, at the Fulton Highway, Martin, Tenn. Appli­ Florida, Illinois, Indiana, Iowa, Kansas, Hotel Kansan, Topeka, Kans., before cant’s attorney: Joseph M. Scanlan, 111 Michigan, Minnesota, Missouri, Ne­ Joint Board No. 52, or, if the Joint Board West Washington Street, Chicago 2, 111. braska, North Dakota, Ohio, South Da­ waives its right to participate, before Authority sought to operate as a com­ Examiner Allan F. Borroughs. mon carrier, by motor vehicle, over irreg­ kota, and Wisconsin. Applicant is au­ ular routes, transporting: Meat, meat thorized to conduct operations in Illinois, No. MC 30837 (Sub No. 244), filed Oc­ Arkansas, Louisiana, Missouri, Kentucky, tober 21, 1958. Applicant: K E N O S H A products, meat by-products, dairy prod­ ucts, articles distributed by meat pack­ North Carolina, South Carolina, Kansas, AUTO TRANSPORT CORPORATION, Alabama, Georgia, Tennessee, Missis­ 4519 76th Street, Kenosha, Wis. Appli­ ing houses, canned and preserved food­ sippi, Indiana^and Ohio. cant’s attorney: Paul F. Sullivan, Sun­ stuffs and condiments, from points in dial House, 1821 Jefferson Place N W ., Alabama, Arkansas, Georgia, Tennessee, N o t e : A proceeding has been instituted Washington 6, D. C. Authority sought Mississippi, and Louisiana, to points in under section 212 (c) to determine whether to operate as a common carrier, by motor applicant’s status is that of a common or Illinois, Wisconsin, Michigan, Indiana, contract carrier in MC 50132 (Sub No. 38).. vehicle, over irregular routes, transport­ and Ohio. Applicant is authorized to Applicant states that it presently holds au­ ing: Automobiles, trucks and buses (as conduct regular route operations in Ala­ thority to serve the State of Arkansas from 916Q NOTICES

St. Louis-East St. Louis Commercial Zone South Fourth Street, St. Louis 18, Mo. HENDERSON, Box 237, Seneca, 111. Ap­ and it does not seek duplicating authority. Applicant’s attorney: G. M. Rebman, plicant’s attorney: Joseph M. Scanlan, 111 West Washington Street, Chicago 2, HEARING: January 6, 1959, at the Suite 1230 Boatmen’s Bank Building, St. 111. Authority sought to operate as a U. S. Court House and Custom House, Louis 2, Mo'. Authority sought to operate contract carrier, by^ motor vehicle, over 1114 Market Street; St, Louis, Mo., be­ as a common carrier, by motor vehicle, irregular routes, transporting: Chemi­ fore Examiner Allan F. Borroughs. transporting: General commodities, in­ cals, in bulk, in tank Vehicles or other No. MC 50132 (Sub No. 49), filed Sep­ cluding Class A and B explosives, but excluding commodities of unusual value, specialized vehicles including hopper tember 25, 1958. Applicant: CENTRAL household goods as defined by the Com -' trucks, between points in-W ill County, & SOUTHERN TRUCK LINES, INC., mission, commodities in bulk, and those 111., on the one hand, and, on the other, 312 West Morris Street, Caseyville, 111. requiring special equipment, serving the points in the United States, including Authority sought to operate as a common site of the Imperial Bag Company, lo­ all ports of entry on the International or contract carrier, by motor vehicle, cated within the Pine Bluff Arsenal ap­ Boundary lines of the United States, and over irregular routes, transporting: proximately 3 miles east of U. S. Highway empty containers or other such inciden­ Lumber and wood products, from D an ­ 65 and 4 miles north of Pine Bluff, Ark., tal facilities (not specified) used in ville and Emporia, Va., Dotharf and as an off-route point in connection with transporting the commodities specified Stockton, Ala., and^Toomsboro (Wilkin­ applicant’s authorized regular route op­ in this application on return. Applicant son County), Ga„ to points in Illinois, erations between Hot Springs and Pine is authorized to conduct operations in Indiana, and Kentucky. Bluff, Ark., over U. S. Highways 270 and Illinois, Indiana, Iowa, Kentucky, Michi­ N o t e : Applicant has contract carrier au­ 65. Applicant is authorized to conduct gan, Missouri, Ohio, and Wisconsin. thority under Permits Nos. MC 50132 and operations ip Illinois, Missouri, and Sub Numbers thereunder. A proceeding N o t e : Applicant indicates the products has been instituted under section 212 (c) Arknnsfts proposed to be transported will move in a in No. MC 50132 (Sub No. 38) to determine HEARING: January 5, 1959, at the molten state, solid, granular, pellet or flake whether applicant’s status is that of a com­ Arkansas Commerce Commission, Justice form. Building, State Capitol, Little Rock, Ark., mon or contract carrier. HEARING: January 6, 1959, in Room before Joint Board No. 215, or, if the 852, U. S. Custom House, 610 South Canal HEARING: January 7, 1959, in Room Joint Board waives its right to partici­ Street, Chicago, 111., before Examiner 852, U. S. Custom House, 610 South Canal pate, before Examiner Herbert L. Street, Chicago, 111., before Examiner Leo W. Cunningham. No. MC 96498 (Sub No. 15), filed No­ Leo W. Cunningham. No. MC 92983 (Sub No. 327), filed vember 5, 1958. Applicant: BONIFIELD No. MC 62835 (Sub No. 10), filed Oc­ October 24, 1958. Applicant: ELDON BROS. TRUCK LINES, INC., 1200 East tober 20, 1958. 'Applicant: C. E. S. MILLER, INC., 330 East Washington Second Street, Metropolis, 111. Appli­ TRUCK LINES, INC., Highway 61. Crys­ Street, Iowa City, Iowa. Authority cant’s attorney: Ferdinand Born, 1019 tal City, Mo. Applicant’s representa­ sought to operate as a common carrier, Chamber of Commerce Building, Indi­ tive: A. A. Marshall, 305 Buder Building, by motor vehicle, over irregular routes, anapolis 4, Ind. Authority sought to St. Louis 1, Mo. Authority sought to transporting: Paints, resins, varnishes, operate as a common carrier, by motor operate as a common carrier, by motor lacquers, in bulk, in tank vehicles, from vehicle, over a regular route, transport­ vehicle, over irregular routes, transport­ points in the Kansas City, Mo., Commer­ ing: General commodities, except those ing: Glass, from Crystal City, Mo., to cial Zone to points in Colorado, Kansas, of unusual value, Class A and B explo­ points in California, Florida, and Louisi­ Louisiana, Oklahoma, and Texas. Ap­ sives, livestock, household goods as de­ ana, and empty containers or other such plicant is authorized to conduct opera­ fined by the Commission, commodities in incidental facilities (not specified) used tions in Alabama, Arkansas, Florida. bulk, and those requiring special equip­ in transporting glass on return. Appli­ Georgia, Illinois, Indiana, Iowa, Kansas, ment between Paducah, Ky., and Calvert cant is authorized to conduct operations Kentucky, Louisiana, Maryland, Massa­ City, Ky., from Paducah over U . S. High­ in Missouri, Illinois, and Arkansas. chusetts, Michigan, Minnesota, Missouri, way 62 to junction Kentucky Highway HEARING: January 5, 1959, at the Nebraska, New Jersey, New York, North 95, thence over Kentucky Highway 95 to U. S. Court House and Custom House, Carolina, Ohio, Oklahoma, Pennsylvania, Calvert City, and return over the same 1114 Market Street, St. Louis, Mo., be­ South Carolina, Tennessee, Texas, West route, serving all intermediate and qff- fore Examiner Allan F. Borroughs. Virginia, and Wisconsin. route points within five miles of Calvert No. MC 70272 (Sub No. 18), filed No­ HEARING: January 16, 1959, at the City, Ky. Applicant is authorized to vember 5, 1958. Applicant: KING VAN New Hotel Pickwick, Kansas City, Mo., conduct operations in Illinois, Indiana, LINES, INC., 6800 East Kellogg, Wichita, before Examiner Allan F. Borroughs. Kentucky, and Missouri. Kans. Applicant’s attorney: W. T. No. MC 92983 (Sub No. 328), filed Oc­ Brunson, Leonhardt Building, Oklahoma HEARING: December 1,1958, in Room: tober 27,' 1958. Applicant: ELDON 255, Post Office Building, Louisville,, Ky., City 2, Okla. Authority sought to MILLER, INC., 330 East Washington operate as a common carrier, by motor before Joint Board No, 156, or* if the Street, Iowa City, Iowa. Authority vehicle, over irregular routes,,transport­ Joint Board waives its right to par­ sought to operate as a common carrier, ing: Household goods, as defined by the ticipate; before Examiner Allen W. by motor vehicle, over irregular routes, Commission, between El Paso, Tex., and Hagerty. transporting: Fats, oils other than petro­ points in Arizona, New Mexico, and No. MC 103777 (Sub No. 5), filed Sep­ leum and petroleum products, in bulk, California. Applicant is authorized to in tank vehicles, between points in Iowa tember 15, 1958. Applicant: EARNEST conduct' operations in Colorado, Idaho, AND HENRY PICKETT, a partnership, and Wisconsin, on the one hand, and, on Illinois, Iowa, Kansas, Missouri, Ne­ doing business as, PICKETT BROTHERS the other, points in Kansas, Missouri, braska, Montana, New Mexico, Okla­ T R U C K LINE, 224 North Sixth Street, and Nebraska. Applicant is authorized homa, Texas, Utah, Wyoming, Oregon, Walters, Okla. Applicant’s attorney: to conduct operations in Iowa, Illinois, California, District of Columbia, Penn­ M ax G. M organ, 443-54 American N a­ Nebraska, Wisconsin, Missouri, Kansas, sylvania, New York, New Jersey, Mary­ tional Building, Oklahoma City 2, Indiana, Minnesota, Ohio, Arkansas, land, Michigan, Kentucky, Connecticut, Okla. Authority sought to operate as'a Kentucky, North Carolina, South,Caro­ Rhode Island, Delaware, Ohio, Vermont, common carrier^ by motor vehicle, over lina, Louisiana, Florida, Tennessee, New Hampshire, Massachusetts, Vir­ irregular routes, transporting: Petro­ Michigan, New York, Texas, North Da­ ginia, and West Virginia. leum asphalt, in bulk, in tank truckloads, kota, South Dakota, Pennsylvania, Mas­ o t e Applicant’s attorney states that the from Cyril and Ardmore, Okla., and N : sachusetts, Connecticut, Georgia, Missis­ proposed operation will be non-radial. (Ap­ points within five (5) miles of Ardmore, plicant holds a brokerage License under sippi, Oklahoma, and Alabama. to points in Texas within 350 miles of MC 12392.) HEARING: January 14, 1959, in Cyril and Ardmore. Applicant is au­ Room 852, U. S. Custom House, 610 South thorized to conduct operations in Okla­ HEARING: January 28, 1959, at the Canal Street,. Chicago, 111,, before E x ­ homa and Texas. Hotel Lassen, Wichita, Kans., before Ex­ aminer Allan F. Borroughs. aminer Leo W. Cunningham. N o t e : Applicant is authorized t o transport No. MC 75406 (Sub No. 14), filed No. MC 95212 (Sub No. 29), filed Sep­ petroleum asphalt from the above origin August 18, 1958. Applicant: SUPERIOR tember 29, 1958. Applicant: HELEN R. points to points in Texas within 200 miles FORWARDING COMPANY, INC., 2600 HENDERSON, doing business as H. R. of said origin points; this application is an Wednesday, N ovem ber 26, 1958 FEDERAL REGISTER 9161

extension from the 200 mile radius to a radius Applicant is authorized to conduct opera­ irregular routes, transporting: Soybean of 350 miles. tions throughout the United States. oil, in bulk, in tank vehicles, from Chi­ HEARING: January 23, 1959, at the HEARING: January 6, 1959, in Room cago, 111., to Valdosta, Ga. Applicant is Federal Building, Oklahoma City, Okla., 226, Old Mint Building, Fifth and Mis­ authorized to conduct operations in before Joint Board No. 16, or, if the Joint sion Streets, San Francisco, Calif., be­ Mississippi, Alabama, Florida, Georgia, Board waives its right to participate, fore Examiner F. Roy T.irm Arkansas, Illinois, Missouri, Ohio, Ten­ before Examiner Herbert L. Hanbaok. No. MC 107227 (Sub No. 68), filed No­ nessee, and Louisiana. No. MC 103993 (Sub No. 112), filed vember 6, 1958. Applicant: INSURED HEARING: January 14,1959, in Room October 29, 1958. Applicant: MORGAN TRANSPORTER, INC., 251 Park Street, 852, U. S. Custom House, 610 South Canal DRIVE-AWAY, INC., 509 Equity Build­ San Leandro, Calif. Applicant’s attor­ Street, Chicago, 111., before Examiner ing, Elkhart, Ind. Applicant’s attorney: ney: John G. Lyons, Mills Tower, San Leo W. Cunningham. John E. Lesow, 3737 North Meridian Francisco 4, Calif. Authority sought to No. MC 113651 (Sub No., 22), filed Oc­ Street, Indianapolis 8, Ind. Authority operate as a common carrier, by motor tober 31, 1958. Applicant: INDIANA sought to operate as a common carrier, vehicle, over irregular routes, transport­ REFRIGERATOR LINES, INC., 2404 by motor vehicle, over irregular routes, ing : Trucks and tractors, in initial move­ North Broadway, Muncie, Ind. Appli­ transporting: Trailers designed to be ments, in driveaway service, from Kansas cant’s attorney: Mario Pieroni, 523 drawn by passenger automobiles, in City, Mo., to points in the United States. Johnson Building, Muncie, Ind. Author­ initial movements, in truckaway service, Applicant is authorized to conduct op­ ity sought to operate as a common from points in Kansas (except from erations throughout the United States; carrier, by motor vehicle, over irregular Newton, Wichita, and Coffeyville, K ans.), HEARING: January 6, 1959, in Room routes, transporting: Meats, meat pro­ to points in the United States (except to* 226, Old Mint Building, Fifth and Mis­ ducts, meat by-products, dairy products, Mount Clemens, Detroit, and Flint, sion Streets, San Francisco, Calif., before and articles distributed by meat packing­ Mich.). Applicant is authorized to con­ Examiner F. Roy Linn. houses, as described in Appendix I of duct operations throughout the United No. MC 1T1812 (Sub No. 59), filed Oc­ 61 M. C. C. 209, from North Platte, Nebr., States. tober 27, 1958. Applicant: MIDWEST West Fargo, N. Dak., and Huron, S. Dak. HEARING: January 27, 1959, at the COAST TRANSPORT, INC., P. O. Box to points in Tennessee, Alabama, Geor­ Hotel Lassen, Wichita, Kans., before 747, Wilson Terminal Building, Sioux gia, Florida, North Carolina, and South Examiner Allan F. Burroughs. Falls, S. Dak. Authority sought to op­ Carolina. Applicant is authorized to No. M C 106398 (Sub No. 107), filed Oc­ erate as a common carrier, by motor conduct operations in Alabama, Connect­ tober 27, 1958. Applicant: N A T IO N A L vehicle, over irregular routes, transport­ icut,'Delaware, Florida, Georgia, Illinois, TRAILER CONVOY, INC7; 1916 North ing: Pulpboard, paper-stock board, Indiana, Iowa, Kentucky, Louisiana, Sheridan Road, .Tulsa 15, Okla. Appli­ printing paper, and icrapping paper, Maine, Maryland, Massachusetts, Michi­ cant’s attorney: John E. Lesow, 3737 from Canton and Hamilton, Ohio, Kala­ gan, Mississippi, Missouri, New Hamp­ North Meridian Street, Indianapolis 8, mazoo, Mich., and Indianapolis, Ind., to shire, New Jersey, New York, North Ind. Authority sought to operate as a Sioux Falls, S. Dak. Carolina, Pennsylvania, Rhode Island, common carrier, by motor vehicle, over HEARING: January 5, 1959, in Room South Carolina, Tennessee, Texas, Ver­ irregular routes, transporting: Trailers 852, U. S. Custom House, 610 South Canal mont, Virginia, West Virginia, and the designed to be drawn by passenger auto­ Street^ Chicago, 111., before Examiner District of Columbia. mobiles, in initial movements, in truck­ Leo W. Cunningham. HEARING: December 8, 1958, at the away service, from points in Kansas (ex­ No. MC 112020 (Sub No. 52), filed Sep­ Rome Hotel, Omaha, Nebr., before Ex­ cept from Newton, Wichita, and Coffey­ tember 25, 1958. Applicant: COM­ aminer Lacy W. Hinely. ville, Kans.) to points in the United MERCIAL OIL TRANSPORT COR­ No. MC 114194 (feub No. 16), filed No­ States (except to M ount Clemens, D e­ PORATION, 1030 Stayton Street, Fort vember 3, 1958. Applicant: KREIDER troit, and Flint, M ich.) Applicant is au­ Worth, Tex. Applicant’s attorney: Le­ TRUCK SERVICE, INC., 8003 Collinsville thorized to conduct operations through­ roy Hallman, First National Bank Road, East St. Louis, 111. Authority out the United States. Building, Dallas 2, Tex. Authority sought to operate as a common carrier, HEARING: January 27, 1959, at the sought to operate as a common carrier, by motor vehicle, over irregular routes, Hotel Lassen, Wichita, Kans., before E x­ by motor vehicle, over irregular routes’, transporting: Lard, lard oils, and pack­ aminer Allan F. Borroughs. transporting: (l) Sugars, syrups, and ing house liquids and blends thereof, in No. MC 106398 (Sub No. 108), filed blends thereof, and dessert mix including bulk, in tank vehicles, from East St. October 27,1958. Applicant: N A T IO N A L but not limited to ice cream mix, in bulk, Louis, 111., to Memphis, Term. Appli­ TRAILER CONVOY, INC., 1916 North between Dallas, Tex., Oklahoma City, cant is authorized to conduct operations Sheridan Road, Tulsa 15, Okla. Appli­ Okla., Little Rock, Ark., Kansas City, in Illinois, Missouri, Tennessee, Indiana, cant’s attorney: John E. Lesow, 3737 Mo., and Omaha, Nebr., except corn Ohio, and Iowa. North Meridian Street, Indianapolis 8, syrup from Kansas City, Mo., to Dallas, HEARING: January 9, 1959, at the Ind. Authority sought to operate as a Tex., and from North Kansas City, M o ,’ U. S. Court House and Custom House, common carrier, by motor vehicle, over to Oklahoma City, Okla. (2) Sugars *1114 Market Street, St. Louis, Mo., be­ irregular routes, transporting: Trailers syrups and blends thereof, in bulk from fore Examiner Allan F. Borroughs. designed to be drawn by passenger auto­ Dallas and Fort Worth, Tex., to points in No. MC 114415 (Sub No. 2), filed No­ mobiles, in initial movements, in truck­ Oklahoma, Louisiana, Arkansas,!, and vember 10, 1958. Applicant: LEONARD away service, from points in Orange New Mexico, except from Dallas, Tex to R. GALASSO, doing business as GA- County, Calif, (except from L a H abra Oklahoma City and Little Rock, Ark. LASSO TRUCKING, 8 Kilmer Road, Applicant is authorized to conduct oper­ and Costa Mesa, Calif.) to points in the Larchmont, N. Y. Applicants represent­ ations in Arizona, Arkansas, Colorado, United States. Applicant is authorized ative: Charles H. Trayford, 155 East 40th to conduct operations throughout the Illinois, Indiana, Iowa, Kansas, Ken­ United States. tucky, Louisiana, Michigan, Mississippi, Street, New York 16, N. Y. Authority sought to operate as a contract carrier, HEARING: December 8, 1958, at the Missouri, Nebraska, New Mexico, New Federal Building, Los Angeles, Calif., York, Ohio, Oklahoma, South Dakota by motor vehicle, over irregular routes, before Examiner Reece Harrison. Tennessee, Texas, and Wisconsin. transporting: Such commodities as are No. MC 107227 (Sub No. 67), filed No­ HEARING: January 21, 1959, at the dealt in by department stores, and, in vember 6, 1958. Applicant: IN S U R E D Baker Hotel, Dallas, Tex., before Exam- connection therewith, fixtures, supplies iner Herbert L. Hanback. TRANSPORTERS, INC., 251 Park Street, and equipment used in the conduct of San Leandro, Calif. Applicant’s attor­ No. M C 112520 (Sub No. 27), filed Octo­ such business, between New York, N. Y., ney: John G. Lyons, Mills Tower, San ber 23,1958. Applicant: S O U T H ST A T E New Rochelle, N. Y., Stamford, Conn., Francisco 4, Calif. Authority sought to OIL CO., a corporation, New Quinsy and Hackensack, N. J. Applicant is au­ operate as a common carrier, by motor Road, Tallahassee, Fla. Applicant’s at­ thorized in Permit dated April 26, 1954, vehicle, over irregular routes, transport­ torney: Sol H . Proctor, 713-17 Profes­ to transport similar commodities be­ ing: Trucks and tractors, in initial move­ sional Building, Jacksonville 2, Fla. tween New York and New Rochelle, N. Y., ments, in truckaway service, from Kansas Authority sought to operate as a com­ on the one hand,, and, on the other, City, Mo., to points in the United States. mon carrier, by motor vehicle, over Stamford, Conn.

/ 9162 NOTICES

N o t e : Applicant states it will request r e v o ­ Commission, commodities in bulk, and necticut, Florida, Georgia, Idaho, Illinois, cation of its existing permit if the authority those requiring special equipment, be­ Indiana, Iowa, Kansas, Kentucky, Louisi­ proposed herein is granted. Applicant also tween points in California, on the one ana, Minnesota, Mississippi, Missouri, : stated the above operations shall be con­ hand, and, on the other, points in Nebraska, Nevada, New Jersey,' New ducted under special and individual con­ Arizona. RESTRICTION: No service Mexico, North Carolina, Oklahoma, Ore­ tracts or agreements with persons (as de­ gon, South Carolina, South Dakota, Ten­ fined in section 203 (a) of the Interstate shall be rendered in the transportation Commerce Act), who operate retail depart­ of any package or article weighing more nessee, and Texas. ment stores, the business of which is the than seventy (70) pounds or exceeding HEARING: January 16, 1959, at'-the sale of general merchandise. 120 inches in length and girth com­ Federal Office Building, Franklin and bined, and each package shall be con­ Fannin -Streets, Houston, Tex., before HEARING: December 15, 1958, at the sidered as a separate and distinct Examiner Herbert L. Hanback. Offices of the InterstateCommerce Com­ shipment. Applicant is authorized to No. MC 116955 (Sub No. 3), filed Oc­ mission, Washington, D. C., before E x­ conduct operations in Illinois, Indiana, tober 16, 1958. Applicant: STEEL aminer Michael B. Driscoll. Iowa, Michigan, and Wisconsin. H A U LE R S, INC., 306 Ewing Avenue, No. MC 115331 (Sub No. 11), filed Oc­ Kansas City, Mo. Applicant’s repre­ tober 27, 1958. Applicant: TRUCK N o t e : A proceeding has been instituted sentative: A. A. Marshall, 305 Buder TRANSPORT, INC., Crystal City, Mo. under section 212 (c) in No. MC 13426 (Sub Building, St. Louis 1, Mo. Authority Applicant’s representative: A. A. Mar­ No. 1) to determine whether applicant’s status is that of a common or contract sought to operate as a contract or com-, shall, 305 Buder Building, St. Louis 1, carrier. Applicant has contract carrier au­ mon carrier, by motor vehicle, over ir­ Mo. Authority sought to operate as a thority under No. MC 13426, issued July 12, regular routes, transporting: Iron or* common carrier, by motor vehicle, over 1956. Section 210 (dual authority) may be t steel wire, in coils, from Kansas City, Mo., irregular routes, transporting: Fertilizer, involved. to Milwaukee, Wis., and empty contain­ acids, as described in Appendix XV to HEARING: January 19, 1959, in Room* ers or other such incidental facilities the report in Descriptions in Motor Car­ 226, Old Mint Building., Fifth and Mis­ (not specified) used in transporting the rier Certificates, 61 M. C. C. 209, and sion Streets, San Francisco, Calif., and above specified commodities on return. chemicals, as defined in No. MC 50404 on January 26, 1959, at the Federal Applicant is authorized to conduct oper­ (Sub No. 15), The Maxwell Co., decided Building, Los Angeles, Calif., before ations in Arkansas, Illinois, Indiana, June 30, 1955, in bulk and ammonium Iowa," Kansas, Louisiana, Missouri, Ne­ Joint Board No. 47, or, if the Joint Board nitrate, in barrels, in bags, and in bulk, waives its right to participate, before braska, Oklahoma, South Dakota, and from Selma, Mo., and points within five Examiner F. Roy Linn. Texas. (5) miles thereof, to points in Indiana, No. MC 116077 (Sub No. 51), filed Sep­ N ote: A proceeding has been instituted and empty containers or other such in­ tember 5,1958. Applicant :_ROBER TSON uuider section 212 (c) of the Interstate Com­ cidental facilities (not specified) used in TANK LINES, INC., 5700 Polk Avenue, merce Act to determine whether applicant’s transporting the above-specified com­ Houston, Tex. Applicant’s attorney: .»status is that of a contract or common car­ modities, on return. Applicant is au­ rier, assigned Docket No. MC 116955 Sul) Charles D. Matthews and Thomas E. thorized to conduct operations in Arkan­ No. 1. \ James, 1020 Brown Building, P. O. Box sas, Illinois, Iowa, Kansas, Kentucky, 858, Austin,-Tex. Authority sought to HEARING: January 19, 1959, at the Missouri, Oklahoma, and Tennessee. operate as a common carrier, by motor New Hotel Pickwick, Kansas City, Mo., HEARING: January 8, 1959, at the vehicle, over irregular routes, transport­ before Examiner Allan F. Borrouglis. U. S. Court House and Custom House, ing: Copper shot, in bulk, from points in No. MC 117109 (Sub No. 3), filed Sep­ 1114 Market Street, St. Louis, Mo., be­ Harris County, Tex., to points in Louisi­ tember 19, 1958. Applicant: SYKES fore Joint Board No. 160, or, if the joint ana, Oklahoma, Arkansas, New Mexico, T R A N S P O R T C O M P A N Y , a corporation, Board waives its right to participate and Mississippi. Applicant is authorized Ironton, Mo. Applicant’s attorney: Da­ before Examiner Allan F. Borroughs. to conduct operations in Alabama, Ari­ vid Axelrod, 39 South La Salle .Street, No. MC 115331 (Sub No. 12), filed Oc­ zona, Arkansas, California, Colorado, Chicago 3, 111. Authority sought to oper­ tober 27, 1958. Applicant: TRUCK Connecticut, Florida, Georgia, Idaho, Il­ ate as a common carrier, by motor ve­ TRANSPORT, INC., Crystal City, Mo. linois, Indiana, Iowa, Kansas, Kentucky, hicle, over irregular routes, transporting Applicant’s representative: A. A. M ar­ Louisiana, Minnesota, Mississippi, M is­ Asbestos and concrete pipe, from the shall, 305 Buder Building, St. Louis 1, souri, Nebraska, Nevada, New Jersey, plant site of Keasbey-Mattison Co., in Mo. Authority sought to operate as a New Mexico, North Carolina, Oklahoma, St. Louis, Mo., to points in New Mexico, common carrier, by motor vehicle, over Oregon, South Carolina, South Dakota, Texas, and Louisiana. irregular routes, transporting: A m ­ Tennessee, and Texas. N ote: Applicant has a pending application monium nitrate, in bulk, from Selma, HEARING: January 16, 1959, at the in No. MC 116359 to conduct operations as Mo., and points within five (5) miles Federal Office Building, Franklin and a contract carrier; therefore, dual operations thereof, to points in Arkansas, Illinois, Fannin Streets, Houston, Tex., before underv section 210 may be involved. Iowa, Kansas, Kentucky, Oklahoma, and Examiner Herbert L. Hanback. Tennessee, and empty containers or HEARING: January 5, 1959, at the No. M C 116077 (Sub No. 52), filed Sep­ other such incidental facilities (not spec­ U. S. Court House and Custom House, tember 19, 1958. Applicant: ROBEIRT- ified) used in transporting ammonium 1114 Market Street, St. Louis, M o., before SON TANK LINES, , INC., 5700 Polk nitrate on return. Applicant is author­ Examiner Allan F. Borroughs. Avenue, Houston, Tex. Applicant’s attor­ ized to conduct operations in Arkansas, No. M C 117457, filed June 16, 1958. neys: Charles D. Mathews and Thomas Illinois, Iowa, Kansas, Kentucky, Mis­ Applicant: WILLIAM E. MOLES, 1002 E. James, P. O. Box 858, Austin 65, Tex. souri, Oklahoma, and Tennessee. North Fourth, St. Joseph, Mo. Appli­ Authority sought to operate as a common HEARING: January 8, 1959, at . the cant’s attorney: Louis Kranitz, 714 carrier, by motor vehicle, over irregular U. S. Court House and Custom House, Francis Street, St. Joseph, Mo. routes, transporting: Hydrogen perox­ 1114 Market Street, St. Louis, Mo., be­ Authority sought to operate as a con­ ide, in shipper-owned, as well as carrier- fore Examiner Allan F. Borroughs. tract carrier, by motor vehicle, oyer owned, tank vehicles, from Norco, La., No. MC 115495 (Sub No. 2), filed Sep­ regular routes, transporting: Gasoline, to points in Texas, Oklahoma, Minnesota, tember 18, 1958. Applicant: UNITED diesel fuels and fuel oils, from K a n s a s Iowa, Missouri, Arkansas, Wisconsin, PARCEL SERVICE, INC., 640 West City, Kans., to Cameron, M o„ serving Illinois, Mississippi, Tennesee, Kentucky, Third Street, Cincinnati 3, Ohio. Ap­ no intermediate points, from K a n s a s Indiana, Michigan, Ohio, Alabama, plicant’s attorneys: S. Harrison Kahn, City over Fairfax Bridge to junction U. S. Georgia, Florida, South Carolina, North 726-34 Investment Building., W ashing­ Highway 69, thence over U. -S. High­ Carolina, Virginia, District of Columbia, ton, D. C., and Wyman C. Knapp, 727 way 69 to Cameron. From North K a n s a s West Virginia, Pennsylvania, Maryland, West Seventh Street, Los Angeles 17, City, Kans., to Dearborn, St. Joseph and Delaware, New York, Rhode Island, Con­ Savannah, Mo., serving no intermediate Calif. Authority sought to operate as a necticut, Massachusetts, New Hampshire, points, and serving the off-route points common or' contract carrier, by motor Vermont, Maine, and New Jersey, and vehicle, over irregular routes, transport­ empty shipper-owned tank vehicles on of Clarksdale and Maysville, Mo. (off ing: General commodities, except those return. Applicant is authorized to con­ of U. S. Highway 36), from North K a n s a s of unusual value, Class A and B explo­ duct operations in Alabama, Arizona, City over U. S. Highway 71 to Dearborn; sives, household goods as defined by the Arkansas, California, Colorado, Con­ from North Kansas City over U. S. High- Wednesday, November 26, 1958 FEDERAL REGISTER 9163 way 71 to St. Joseph; from North Kansas summated, dual operations under section with authority to tack said authority to City over U. S. high w ay 71 to Savannah. 210 may be involved. that now held by applicant in order to Prom Kansas City, Kans., to Atchison, HEARING: January 12, 1959, at the render through service between points Kans., serving no intermediate poinfs, Federal Office Building, 600 South which applicant is now authorized to from Kansas City over U. S. Highway 69 Street, New Orleans, La., before Joint serve and those for which authority is to junction U. S. Highway 71, thence Board No. 28, or, if the Joint Board herein sought. Applicant is authorized over U. S. Highway 71 to Platte City, Mo., waives its right to participate, before to conduct operations in Missouri. thence over U. S. Highway 92 to Beverly Examiner Herbert L. Hanback. HEARING: January 12, 1959, at the Station, Kans., thence over U. S. Highway No. MC 117649, filed September 22, Missouri Public Service Commission, Jef­ 45 to Atchison. From St. Joseph, Mo., 1958. Applicant: RALPH KAPKE, do­ ferson City, Mo., before Joint Board No. to Walthena and Highland, KahS.', serv­ ing business as CORNBELT TRUCKING 247, or, if the Joint Board waives its ing no intermediate points, from St. CO., Box 476, Milford, Nebr. Applicant’s right to participate, before Examiner Joseph over U. S. Htighway 36 to W al­ attorney: J. Max Harding, I. B. M. Build­ Allan F. Borroughs. thena; from St. Joseph over U. S. H igh ­ No. M C 117682, filed October 2, 1958. way 36 to Highland. ing, 605 South 12th Street, Lincoln 8, Nebr. Authority sought to operate as a Applicant: W. H. NORMAN, doing busi­ Note: The application is accompanied by contract carrier, by motor vehicle, over ness as NORMAN BUS SERVICE, 2005 a Motion to Dismiss on the grounds that irregular routes, transporting: Sisal and Prospect Avenue Kansas City, Mo. Ap­ the operation sought is in the nature of a plicant’s attorney: Carll V. Kretsinger, private carrier, that applicant is a bailee of hemp products, rope, baling and binder the products sought.to be transported: and twine and baling and barbed wire, from Suite 1014-18 Temple Building, Kansas the proposed transportation would be within New Orleans and Lake Charles, La., Gal­ City 6, Mo. Authority sought to operate the provisionsx>f section 203 (a ) (17) bf the veston, Houston, and Freeport, Tex., as a common carrier, by motor vehicle, Interstate Commerce Act. Kansas City, Mo., and Philadelphia, Pa., over irregular routes, transporting^: Pas­ sengers, in charter operations, between HEARING: January 20, 1959, at the 1 to points in Arizona, Arkansas, Colorado, points in Missouri and Kansas. New Hotel Pickwick, Kansas City, Illinois, Indiana, Iowa, Kansas, Ken­ Mo., before Joint Board No. 36, or, if tucky Louisiana, Michigan, Minnesota, HEARING: January 21, 1959, at the the Joint Board waives its right to Missouri, Montana, Nebraska, New Mex­ New Hotel Pickwick, Kansas City, Mo., participate, before Examiner A llan F. ico, North Dakota, Oklahoma, South D a ­ before Joint Board No. 36, or, if the Joint Borroughs. kota, Tennessee, Texas, Wisconsin, and Board waives its right to participate, No. MC 117574 (Sub No. 36), filed Wyoming, and grain and exempt com­ before Examiner Allan F< Borroughs. modities on return movements. October 31, 1958. Applicant: D A IL Y A pplications i n W h ic h H a n d l in g W i t h ­ HEARING: January 13, 1959, at the EXPRESS, INC., 65 West North Street, o u t O ral H e a r in g I s R e q u ested Carlisle, Pa. Applicant’s attorney: Federal Office Building, 600 South James E. Wilson, Perpetual Building, Street, New Orleans, La., before Ex­ MOTOR CARRIERS OF PROPERTY 1111 E Street NW., Washington 4, D. C. aminer Herbert L. Hanback. No. MC 30319 (Sub No. 97), filed No­ Authority sought to operate as a com­ No. M C 117792, filed October 31, 1958. vember 7, 1958. Applicant: SOUTHERN mon carrier, by motor vehicle, over Applicant: J. C. JACKSON, JR. AND PACIFIC TRANSPORT COMPANY, a irregular routes, transporting: Construc­ FORREST JAY NICHOLS a partnership, corporation, 810 North San Jacinto tion machinery and equipment, and doing business as FARM PRODUCTS Street, P. O. Box 4054, Houston, Tex. parts thereof, as defined in Appendix COMPANY, 105 North Lincoln Street, Applicant’s attorney: Edwin N. Bell VIII to the Report in Descriptions of East Prairie, Mo. Applicant’s attorney: (same address as above). Authority Motor Carrier Certificates, 61 M. C. C. A. M. Spradling, 1838 Broadway, Cape sought to operate as a common carrier, 209, including excavating and earth­ Girardeau, Mo. Authority sought to by motor vehicle, over regular routes, scraping machines, between Newton operate as a common carrier, by motor transporting: General commodities, ex­ Palls, Ohio, on the one hand, and, on the vehicle, over irregular routes, transport­ cept those of unusual value, Class A and other, points in Connecticut, Delaware, ing: Bananas, from Mobile, Ala., to B explosives, household goods as defined Indiana, Kentucky, Maine, M aryland, Milan, 111., and exempt farm commodi­ by the Commission, commodities in bulk, Massachusetts, Michigan, N ew H am p­ ties, on return. and those requiring special equipment, shire, New Jersey, New York, Ohio, Nora: Applicant has filed an application serving McGee Bend Dam and Electric Pennsylvania, Rhode Island, Tennessee, for contract carrier authority under the Power Plant and north side of the new Vermont, Virginia,, W est Virginia, and “grandfather clause” of section 7 of the Angelina River Bridge, located approxi­ the District of Columbia. Applicant is Transportation Act of 1958, amending section mately z4 and 13 miles, respectively of 203 (b) (6) ~qf the Interstate Commerce Act; authorized to c-o nduct operations therefore, dual operations, under section 210 Zavalla, Tex., -us off-route points in con­ throughout the United States. may be involved. nection with applicant’s authorized reg­ HEARING: January 12, 1959, in Room ular route operations between Lufkin «52 U. S. Custom House, 610 South Canal HEARING: January 9, 1959, at the and Beaumont, Tex. in Certificate No. Street, Chicago, 111., before Examiner U. S. Court House and Custom House, MC 30319 Sub 37. Applicant is author­ Leo W. Cunningham. 114 Market Street, St. Louis, Mo., before ized to conduct operations in Louisiana No. M C 117636, filed September 17, Examiner Allan F. Borroughs. and Texas. 1958. Applicant: JOSEPH RIBAUL MOTOR CARRIERS OF PASSENGERS No. MC 32562 (Sub No. 15), filed No­ t r a n s f e r c o ., i n c ., 714 Fourth vember 14, 1958. Applicant: POINT Street, Gretna, La. Applicant’s attor- No. MC 113137 (Sub No. 1), filed EXPRESS, INC., 7575 Seventh Avenue, Henry F. O ’Connor, 318 Hibernia August 25, 1958. Applicant: EARL L. Charleston, W. Va. Applicant’s attor­ Building, New Orleans, La. Authority KINGERLY, doing business as POPLAR ney: Francis W. Mclnerny, 1625 K Street sought to operate as a contract carrier, BLUFF-WILLOW SPRINGS BUS LINE, NW., Washington 6, D. G. Authority Route No. 3, Poplar Bluff, Mo. Appli­ oy motor vehicle, over irregular routes, sought to operate as a common carrier, transporting: (1 ) Iron and steel articles cant’s attorney: Joseph R. Nacy, 117 by motor vehicle, over irregular routes, West High Street, Jefferson City, Mo. > comm°dities, the transportation transporting: General commodities, ot which require the use of special equip- Authority sought to operate as a common except those of unusual value, Class A carrier, by motor vehicle, over a regular r* a > Horn New Orleans, La., to points and B explosives, household goods as de­ Mississippi; and empty containers route, transporting: Passengers and their fined by the Commission, commodities in baggage, and express and newspapers, in j" ,oi^er such incidental facilities used bulk and those requiring special equip­ *o transporting the above-specified com­ the same vehicle with passengers, be­ ment, between Cincinnati, Ohio, and modities, on return. tween Springfield, Mo., and Memphis, Chillicothe, Ohio: from Cincinnati over Tenn., from Springfield over U."S. High­ U. S. Highway 50 to Chillicothe, and re­ Proceeciing is pending in No. MC way 60 to Willow Springs, Mo., thence tin« J-.5 transfer to applicant-corpora- turn over the same route, serving no thnri Certificate No. MC 16741 which au- over U. S. Highway 63 to junction U. S. intermediate points, as an alternate the transportation of general com- Highway 70 at or hear West Memphis, route for operating convenience only in witKi«« with exceptions ' between points Ark., thence over U. S. Highway 70 to connection with applicant’s authorized Ihp m 7 miles of New Orleans, La., includ- Memphis, and return over the same wew Orleafis; if and when same is con- regular route service between Charleston, route, serving all intermediate points; No. 231------7 W. Va., and Cincinnati, Ohio, over U. S. 9164 NOTICES

Highways 00 and 52. Applicant is au­ within 1% miles of Canfield, Ohio, to Indiana, Iowa, Michigan, Minnesota, thorized to conduct operations in West Pontiac, Mich., and empty containers or Missouri, Wisconsin, Tennessee, Kansas, Virginia, Ohio, Kentucky, Pennsylvania, other such incidental facilities, including New York, New Jersey, Pennsylvania, and Indiana. empty returned pallets on return. Ap­ W est Virginia, A labam a, Nebraska, No. MC 35484 (Sub No. 37) , filed No­ plicant is authorized to conduct -opera­ Texas, Oklahoma, North Carolina, Flor­ vember 6, 1958. Applicant: VIKING tions in Pennsylvania, Ohio, West Vir­ ida, Georgia, Mississippi, and South FREIGHT COMPANY, a corporation, ginia, Michigan, and Kentucky. Carolina. 014 South Sixth Street, St. Louis 2, Mo. No. M C 52310 (Sub No. 19>, filed N o ­ N ote: Applicant states tbat the above Applicant’s attorney: G. M. Rebman, vember 12, 1958. Applicant: BRUCE transportation will be conducted for the ac­ 1230 Boatmen’s Bank Building, St. Louis MOTOR FREIGHT, INC., 2011 Easton count of the Allied Chemical Corporation. 2, Mo. Authority sought to operate.as a Boulevard, Des Moines, Iowa. Appli­ No. M C 66562 (Sub No. 1481), filed common carrier, by motor vehicle, over cant’s attorney: Homer E Bradshaw, 510 November 10,. 1958. Applicant: RAIL­ an alternate route, transporting: General Central National Building, Des Moines 9, WAY EXPRESS AGENCY, INCORPO­ commodities, except Class A and B ex­ Iowa. Authority sought to operate as a R A T E D , 219 East 42d Street, New York plosives, livestock, household goods -as common carrier, by motor vehicle, over 17, N. Y. Applicant’s attorney: William defined by the Commission, loose bulk regular routes, transporting: General H. M arx, same address as applicant. commodities, and those requiring special commodities, except those of unusual Authority sought to operate as a common equipment, between Memphis, Tenn., and value, Class A and B explosives, house­ -carrier, by motor vehicle, over regular Union City, Tenn., over U. S. Highway 51, hold goods as defined by the Commission, routes, transporting: General commodi­ serving no intermediate points, and commodities in bulk, and those requiring ties, including Class A and B explosives, serving Union City, Tenn., for joinder special equipment, serving the Northern moving in express service, (1) between purposes only, as an alternate route for Natural Gas Company plant site, located Pittsburgh, Pa., and New Castle, Pa., operating convenience only, in connec­ approximately six (6) miles west, and from Pittsburgh over Pennsylvania High­ tion with applicant’s authorized regu­ one (1) mile south, of the intersection of way 51 to Aliquippa, thence over an un­ lar route operations between Mem­ U. S. Highway 169 and Iowa Highway 64 numbered highway to Monaca, thence phis, Tenn., and Paducah, Ky. Applicant in Dallas County, Iowa, as an off-route over Pennsylvania Highway 51 to is authorized to conduct operations in point in connection with applicant’s au­ Rochester, thence over Pennsylvania thorized regular route operations to and Illinois, Kansas, Kentucky, Louisiana, Highway 18 to Koppel, thence over Penn­ from Perry, Iowa. Applicant is author­ Mississippi, Missouri, Ohio, Oklahoma, sylvania Highway 351 to Ellwood City, ized to conduct operations in Iowa, Min­ Tennessee, and Texas. thence over Pennsylvania Highway 288 nesota, Missouri, and Illinois. No. MC 35628 (Sub No. 221), filed No­ to W am pum , thence over Pennsylvania No. MC 59310 (SutrNo. 50), (COR­ vember 10, 1958. Applicant: INTER­ H ighw ay 18 to the junction of Pennsyl­ RECTION) filed October 6, 1958, pub­ STATE MOTOR FREIGHT SYSTEM, a vania H ighway 168, thence over Penn­ lished under No. MC 103788 (Sub 5), corporation, 134 Grandville SW., Grand sylvania Highway 168 to New Castle, and October 22, 1958, at page 8149. Appli­ Rapids, Mich. Applicant’s attorney: return over the same «route, serving the cant: SPROUT & DAVIS, INC., 2500 In­ Leonard D. Verdier, Jr., Michigan Trust intermediate points of Coraopolis, Ali­ dianapolis Boulevard, Whiting,^ Ind. Building, Grand Rapids 2, Mich. Au­ quippa, Fallston, Beaver Falls, Ellwood Applicant’s attorney: Howell Ellis, 520 thority sought to operate as a common City, and Wampum, Pa., (2) OVER THE Illinois Building, Indianapolis, Ind. Au­ carrier, by motor vehicle, over regular FOLLOWING ALTERNATE ROUTES thority sought to operate as a common or routes, transporting: General commodi­ FOR OPERATING CONVENIENCE contract carrier, by motor vehicle, over ties, except Class A and B explosives, ONLY, SERVING NO INTERMEDIATE irregular routes, transporting: Asphalt dangerous inflammables, household POINTS, (a) between Pittsburgh, Pa., emulsion, in bulk, in tank vehicles, from goods as defined by the Commission, and and N ew Castle, Pa., over Pennsylvania Michigan City, Ind., to points in Oceana, commodities in bulk, between Bureau, 111. Highway 88, (b) between Pittsburgh, Pa., Newaygo, Mecosta, Isabella, Midland, (junction Illinois Highways 26 and 29), and N ew Castle, Pa., .from Pittsburgh Saginaw, Gratiot, Montcalm, Kent, and Rockford, 111.: from Bureau over over U. S. Highway 19 to the junction of Muskegon, Ottawa, Ionia, Clinton, Shia­ Illinois Highway 26 to Dixon, 111., and U. S. Highway 422, thence over U. S. wassee, Livingston, Ingham, Eaton, thence over Illinois Highway 2 to Rock­ Highway 422 to New Castle, and return Barry, Allegan, Van Buren, Kalamazoo, ford, and return over the same route, over the same route; (c) between Pit- Calhoun, Jackson, Washtenaw, Lenawee, serving no intermediate points, but serv­ tock, Pa., and Coraopolis, Pa., from Pit- Hillsdale, Branch, St. Joseph, Cass, and ing Bureau, 111., for purposes of joinder tock over an unnumbered road by way Berrien Counties, Mich. only, as an alternate route for operating of Neville Island, to Coraopolis, and convenience only in connection with ap­ N o t e : A proceeding has been instituted return over the same route. Applicant plicant’s authorized regular route opera­ under section 212 (c) of the Interstate is authorized to conduct operations Commerce Act to determine whether appli­ tions between said points over Illinois throughout the United States. Highway 29 from Bureau to junction cant’s status is that of a contract or com­ mon carrier, assigned Docket No. MC 59310 No. M C 66562 (Sub No. 1462), file d No­ U. S. Highway 6, thence over U. S. High­ (Sub No. 46). The purpose of this republi­ vember 12, 1958. Applicant: RAILWAY way 6 to junction U. S. Highway 66, cation "is to correct the docket No. MC EXPRESS AGENCY, INCORPORATED, thence over U. S. Highway 66 to Chicago, 103788 (Sub No. 5) previously assigned in. 219 East 42d Street, New York 17, N. Y. and thence over U. S. Highway 20 to error. Applicant’s attorney: Robert C. Boozer, Rockford, as shown in applicant’s cer­ 1220 The Citizens and Southern N ation a l tificate No. MC 35628, Sheets 3 and 4. No. N£C 64932 (Sub No. 249), filed No­ vember 10, 1958. Applicant: ROGERS Bank Building, Atlanta 3, Ga. A u th o rity Applicant is authorized to conduct oper­ sought to operate as a common carrier, ations in Delaware, Illinois, ‘Indiana, CARTAGE CO., a corporation, 1934 South Wentworth Ayenue, Chicago, m. by motor vehicle, over regular routes, Iowa, Kentucky, Maryland, Massachu­ transporting: General commodities, in­ Applicant’s attorney: David Axelrod, 39 setts, Michigan, Minnesota, Missouri, cluding Class A and B explosives, m ovin g New Jersey, New York, Ohio, Pennsylva­ South La Salle Street, Chicago 3, 111. Authority sought to operate as a common in express service, (1) between Chat­ nia, West Virginia, Wisconsin, and the tanooga, Tenn., and Sparta, Tenn., from District of Columbia; - carrier, by motor vehicle, over irregular routes, transporting: (1) Liquid fluorine, Chattanooga over U. S. Highway 72 to No. MC 37578 (Sub No. 18), filed No­ Richard City, thence return over U. S. vember 13, 1958. Applicant: JOSEPH in bulk, in shipper-owned tank vehicles, from Metropolis, HI., to Edwards A ir Highway 72 to Jasper, thence over Ten­ W. TREHAN, INCORPORATED, 715 Force Base near Edwards, Calif., Nimbus nessee Highway 27 to the ju n c tio n of Mahoning Avenue, Youngstown, Ohio. Tennessee Highway 28, thence over Ten­ Applicant’s representative: G. H. Dill«., and Santa Susana, Calif., Cleveland, Ohio, and Buffalo, Model City, and Ni­ nessee Highway to Pikeville, thence 3350 Superior Avenue, Cleveland 14, agara Falls, N. Y., and empty shipper- over Tennessee Highway 30 to’ the junc­ Ohio. Authority sought to operate as a owned tank vehicles on return; (2) tion of Tennessee Highway 1 1 1 , thence common carrier, by motor vehicle, over empty shipper-owned tank vehicles be­ over Tennessee H ighway 111 to the junc­ irregular routes, transporting: Clay tween Metropolis, 111., and Baton Rouge, tion of U. S. Highway 70S, thence over products, from the plant site of Am eri­ La. Applicant is authorized to conduct U. S. Highway 70S to Sparta, a n d re­ can Fire Clay & Products Co., located operations in Illinois, Kentucky, Ohio, turn over the same route, serving the Wednesdayy Novem ber 26, 1958 FEDERAL REGISTER 9165

intermediate points of Richard City, bered county highway southward to La. Applicant is authorized to conduct South Pittsburg, Whitewell, Dunlap, and junction of Minnesota Highway 212, operations in Louisiana, Mississippi, Ala­ Pikeville, Term.; (2) between PikeVille, thence over Minnesota Highway 212 to bama, Texas, Tennessee, Arkansas, Mis­ Sparta, and Chattanooga, Tenn., from Stillwater (also from North St. Paul over souri, Ohio, Georgia, North Carolina, Pikeville over Tennessee Highway 28 to Minnesota Highway 36 to Stillwater), Kentucky, Florida, Illinois, Indiana, the junction of U. S. Highway 70S, thence across the St. Croix River to junc­ Maine, Maryland, Massachusetts, Mich­ thence over U. S. Highway 70S to Sparta, tion Wisconsin Highway 35, thence over igan, Minnesota, New Jersey, New York, thence over U. S. Highway 70S to the Wisconsin Highway 35 to Ellsworth, also Oklahoma, Pennsylvania, Rhode Island, junction of Tennessee Highway 111, from Stillwater over Minnesota High­ South Carolina, Virginia, and Wisconsin. thence over Tennessee Highway 111 to way 95 to junction U. S. Highway 12, No. MC 109637 (Sub No. 99), filed No­ the junction of Tennessee Highway 8, thence across / the St. Croix River to vember 14, 1958. Applicant: SOUTH­ thence over Tennessee Highway 8 to junction Wisconsin Highway 35, thence ERN TANK LINES, INC., 4107 Bells Chattanooga, and return over the same over Wisconsin Highway 35 to Ellsworth, Lane, Louisville 11, Ky. Applicant’s at­ route, serving no intermediate points, as and return over the same route, serving torney: Leonard A. Jaskiewicz, Munsey an alternate route for operating con­ the intermediate points of North St. Paul, Building, Washington 4, D. C. Au­ venience only. Applicant is authorized Stillwater, Lake Elmo, and Bayport, thority sought to' operate as a common to conduct operations throughout the Minn., and River Palls, Wis. Applicant carrier, by motor vehicle, over irregular United States. is authorized to conduct operations routes, transporting: Liquid fertilizer No. M C 66562. (Sub No. 1463), filed N o ­ throughout the United States. solutions, in bulk, in tank vehicles, from vember 12, 1958. Applicant: R A IL W A Y No. MC 78786 (Sub No. 213), filed No­ Henderson, Ky., and points within three EXPRESS AGENCY, INCORPORATED, vember 14, 1958. Applicant: PACIFIC (3) miles of Henderson, Ky., to points in 219 East 42d Street, New York 17, N. Y. MOTOR TRUCKING COMPANY, a cor­ Illinois, Indiana, Kentucky, and Mis­ Applicant’s attorney: William H. Marx, poration, 65 Market Street, San Fran- souri. Applicant is authorized to con­ same address as applicant. Authority -cisco, Calif. Applicant’s attorney: duct operations in Alabama, Georgia, sought to operate as a common carrier, William Meinhold,''Same address as ap­ Illinois, Indiana, Kentucky, Louisiana, by motor vehicle, over regular routes, plicant. Authority sought to operate as Michigan, Minnesota, Mississippi, Mis­ transporting: General commodities, in­ a common carrier, by motor vehicle, over souri, New York, North Carolina, Ohio, cluding Class A and- B explosives, mov­ regular routes, transporting: Baggage, South Carolina, Tennessee, Texas, Vir­ ing in express service, (1) between express, newspapers, milk and cream, in ginia, West Virginia, and Wisconsin. Binghamton, N. Y.r-and Syracuse, N. Y., service auxiliary to, or supplemental of, No. MC 112617 (Sub No. 49), filed No­ from Binghamton over New York High­ rail service-of Southern Pacific Company vember 14, 1958. Applicant: LIQUID way 12 to the junction of U. S. H igh­ and Railway Express Agency, Inc. (1) TRANSPORTERS, INC., P. O. Box 5135, way 11' thence over U. S. Highway 11 between San Simon, Ariz., and Lords- Cherokee Station, Louisville, Ky. Appli­ to the junction of New York H igh w ay , burg, N. Mex., from San Simon over cant’s attorney: Leonard A. Jaskiewicz, 281, thence over New York Highway 281 Arizona Highway 86 to the Arizona-New Munsey Building, Washington 4, D. C. to the junction of U. S. Highway 11, Mexico State line, thence over New Mex­ Authority sought to operate as a com­ thence over U. S. H ighway 11 to the junc­ ico H ighway 14 to junction U. S. H igh­ mon carrier, by motor vehicle, over ir­ tion of New York Highway 173, thence way 80, thence over U. S. Highway 80 regular routes,- transporting: Liquid oyer New York Highway 173 to the junc­ to Lordsburg, and return over the same fertilizer solutions, in bulk, in tank ve­ tion of New York Highway 91, thence route; (2) between El Paso, Tex., and hicles, from Henderson, Ky., and points oyer New York Highway 91 to the junc­ Tucumcari, N. Mex., from El Paso over within three (3) miles of Henderson, tion of New York Highway 5, thence over U. S. Highway 54 to Tucumcari, and re­ Ky., to points in Illinois, Indiana, Ken­ New York Highway 5 to Syracuse, and turn over the same route, serving all tucky, and Missouri. Applicant is return from Syracuse over U. S. H igh­ intermediate points and all on-rail off- authorized to conduct operations in Ala­ way 11 to the junction of New- York route points which are stations on the bama, Arkansas, Florida, Georgia, Illi­ • Highway 281, thence over New York line of Southern Pacific Company be­ nois, Indiana, Iowa, Kansas, Kentucky, Highway 281 to the junction of U. S. tween said termini, in connection with Louisiana, Maryland, Michigan, Min­ Highway 11, thence over U. S. Highway the above routes. Applicant is author­ nesota, Mississippi, Missouri, Nebraska, 11 to the junction of New York Highway ized to conduct operations in Oregon, North Carolina, Ohio, Oklahoma, Penn­ 12, thence over New Y ork Highway 12 California, Arizona, and Nevada. sylvania, South Carolina, Tennessee, to Binghamton; (2) between Bingham­ No. MC 87857 (Sub No. 41), filed No­ Texas, Virginia, West Virginia, and ton, N. Y. and Cortland, N. Y., from vember 14, 1958. Applicant: BRINK’S, Wisconsin. ' Binghamton over New York Highway 12 IN C O R P O R A T E D , 234 East 24th Street, No. MC 113779 (Sub No. 83), filed to the junction of U. S. Highway 11, Chicago 16, 111. Authority sought to November 7, 1958. Applicant: YORK thence over U. S. Highway 11 to Cort­ operate as a contract carrier, by motor INTERSTATE TRUCKING, INC., 9020 land, and return over the same route, vehicle, over irregular routes, transport­ Laporte Expressway (P. O. Box 12385), serving the intermediate points of W h it­ ing: Coin and currency, between points Houston 17, Tex. Authority sought to ney Point, Marathon, Cortland, Tully, on the Ohio Turnpike and Indiana Toll operate as a common carrier, by motor and Jamesville, N. Y., in connection with Road, and Toledo and Cleveland, Ohio. vehicle, over irregular routes, transport­ the above routes. Applicant is author­ Applicant is authorized to conduct ing: Ethanolamines, in bulk, in tank ve­ ized to conduct operations throughout operations in Alabama, Arizona, Califor­ hicles, from Orange, Tex., to Wilmington, the United States. nia, Colorado, Connecticut, Delaware, Del. Applicant is authorized to conduct - No. M C 66562 (Sub No. 1464), filed Florida, Georgia, Illinois, Indiana, Iowa, operations in all of the United States November 13, 1958. Applicant: R A IL ­ Kentucky, Louisiana, Maryland, Mass­ except Connecticut, Delaware, Maine, WAY EXPRESS AGENCY, INCORPO­ achusetts, Michigan, Minnesota, Mis­ Maryland, Massachusetts, New Hamp­ RATED, 219 East 42d Street, New York souri, Montana, Nevada, New Hampshire, shire, New York, Rhode Island, Vermont, 17, N. Y. Authority sought to operate New Jersey, New York, Ohio, Oregon, and the District of Columbia. as a common carrier, by motor vehicle, Pennsylvania, Rhode Island, Tennessee, No. MC 115887 (Sub No. 1), filed over regular routes, transporting: G e n - Texas, Utah, Virginia, Washington, West November 7, 1958. Applicant: ROBERT eraZ commodities, including Class A and Virginia, Wisconsin, and the District of H. HENDERSON AND RAYMOND H. B explosives, moving in express service, Columbia. JENKINS, doing business as HENDER­ between St. Paul, Minn., and Ellsworth, No. MC 10700a^(Sub No. 136), filed SON & JENKINS, 2714 Caldwell Avenue, Wis., from St. Paul over Minnesota H igh­ November 17, 1958. Applicant: W. M. Richmond 24, Va. Applicant’s attorney: l y 212 to the junction of Minnesota CHAMBERS TRUCK LINE, INC., 920 Jno. C. Goddin, State-Planters Bank > highway 100, thence over Minnesota Louisiana Boulevard, Kenner, La. Au­ Building, Richmond' 19, Va. Authority Highway 100 to North St. Paul, thence thority sought to operate as, a common sought to operate as a contract carrier, over Washington County Highway 29 carrier, by motor vehicle, over irregular by motor vehicle, over irregular routes, to the junction of unnumbered county routes, transporting: Tall oil and tall transporting: Meats, meat products, and nf w aY approximately 1.4 miles east oil products, in bulk, in tank vehicles, meat by-products, and dairy products as °i North St. Paul, thence over unnum­ from Panama City, Fla., to New Orleans, described by the Commission in Ex Parte 9166 NOTICES

No. MC 38 Appendix A and Appendix B, trailers and bungalow trailers, restricted such rights through the purchase. Ap­ in mechanically refrigerated vehicles, to secondary movements, in driveaway plicants’ representatives: W m . P. Ellis, from Richmond, Va., to points in North service, between points in the Memphis, Attorney, 1102 Equitable Building, Port­ Carolina on and east of U. S. Highway 29 Tenn., Commercial Zohe, as defined by land 4, Oreg., and John Skillern, General at the Virginia-North Carolina State the Commission, on the one hand, and, Manager, McCracken Van & Storage Co., line to Reidsville, thence along 17. S. on the other, points in Mississippi, 375 West Fourth Avenue, Eugene, Oreg. Highway 158 to Winston-Salem, thence Arkansas, Alabama, Georgia, Kentucky, Operating rights sought to be trans­ along North Carolina Highway 52 to Lex­ North Carolina, South Carolina, Virginia, ferred: Household goods, as defined by ington, thence along U. S. Highway 64 to Oklahoma, Texas, Louisiana, Missouri, the Commission, as a common carrier Asheboro, thence along U. S. Highway Illinois, and Florida. over irregular routes, between Eugene, 220 to Rockingham, thence along U. S. Oreg., on the one hand, and, on the P e t it io n Highway 1 to the North Carolina-South other, points in Washington, and between Carolina State line, including all points No. MC 112582, PETITION FOR IN­ Eugene, Oreg., and points within three on each of said highways, and rejected TERPRETATION, OR FOR CLARIFI­ miles of Eugene, on the one hand, and, and damaged shipments of the commodi­ CATION AND MODIFICATION, dated on the other, points in Lane County, ties specified in this application, on re­ November 17, 1958, T. M. ZIMMERMAN Oreg. Carrier may combine two or more turn. Applicant is authorized to conduct COMPANY, a Corporation, 227 W. Com­ of the above-described household goods operations in Virginia and West Virginia. merce Street, Chambersburg, Pa. Ap­ irregular route authorities at a point No. MC 116387 (Sub No. 22), filed No­ plicant’s attorney: John M. Musselman, common to both to which the carrier vember 7, 1958. Applicant: ALABAMA State Street Building, Harrisburg, Pa. may transport a given shipment under TANK LINES, INC., P. O. Box 36, Pow- T. M. Zimmerman Company, petitioner, one authority and from which it may derly Station, Birmingham, Ala. Au­ seeks interpretation, or clarification and transport the same shipment under the thority sought to operate as a common modification of certain of its rights con­ other, and establish through service un­ carrier, by motor vehicle, over irregular tained in Certificate No. MC 112582 der such combination, provided in each routes, transporting: Acids, chemicals, dated February 26, 1951, as follows: instance the shipment is transported and cleaning compounds, in bulk, in tank “Machinery, in truckloads only, from through the common or gateway point, vehicles, from points in Washington Waynesboro, Pa., to points in New York, and provided further that this certifi­ County, Ala., to points in Missouri. Ap­ New Jersey, Indiana, and the District of cate does not contain any restriction or. plicant is authorized to conduct opera­ Columbia; and from Chambersburg, Pa., other indication that through service tions in Alabama, Arkansas, Florida, to points in New York and New Jersey”. shall not be conducted. Vendee holds Georgia, Kentucky, Louisiana, Missis­ Petitioner takes the position that such .no authority from this Commission; sippi, North Carolina, Ohio, South Caro­ commodity description is sufficiently however, J. W. McCRACKEN AND E. E. lina, and Tennessee. Common control; broad to cover the commodities enumer­ McCRACKEN, a partnership, doing busi­ and dual operations under section 210 ated in Paragraph 5 of its petition and ness as McCRACKEN BROTHERS MO­ may be involved. tliat no additional authority is required TOR FREIGHT, Eugene, Oreg., is au­ No MC 117720 (Sub No. 1), filed No­ for movement thereof within the terri-. thorized to operate as a common carrier vember 10, 1958. Applicant: HERBERT torial scope of the certificate. Petitioner in Oregon. Application has not beeri WILLIAM CLARK, 605 Elm Street, states that if the commodity description filed for temporary authority under sec­ Rockport, Ind. Applicant’s representa­ “machinery” is not interpreted to in­ tion 210a ( b ) . tive: Anna Gertrude Mueller, 951 Adams clude all of the enumerated items, said No. M C-F 7040. Authority sought for Avenue, Evansville 13, Ind. Authority certificate is subjected to clarification purchase by DAVIS & RANDALL, INC., sought to operate as a contract carrier, and modification; wherefore, petitioner Chautauqua Road, Fredonia, N. Y., of the by motor vehicle, over irregular routes, requests that the commodity description operating rights of FRANK FIELDS AND transporting: Glazed vitreous sanitary “machinery”, in its Certificate dated GILBERT N. BROOKS, doing business as pottery and fittings therefor, from Rock- February 26, 1951, be interpreted to in­ FIELDS AND BROOKS, 23 Andrews port, Ind., to points in Alabama, Ar­ clude the items enumerated in Para­ Street, Saratoga Springs, N. Y., and for kansas, Connecticut, Delaware, Florida, graph 5 of its petition, and that in the acquisition by HAROLD L. FURNESS, Georgia, Illinois, Iov/a, Kansas, K en­ absence of such interpretation, requests also of Fredonia, of control of such rights tucky, Louisiana, Maine, Maryland, that the Commission clarify and modify through the purchase. Applicants’ at­ Massachusetts, Michigan, Minnesota, the commodity description “machinery” torney: Johnson, Peterson, Tener & Mississippi, Missouri, New Hampshire, to read “machinery, and machine and Anderson, Bank of Jamestown Building, New Jersey, New York, North Carolina, machinery parts, finished and unfin­ Jamestown, N. Y. Operating rights, Ohio, Oklahoma, Pennsylvania, Rhode ished”. Petitioner further requests that sought to be transferred: Undergar­ Island, South Carolina, Tennessee, Texas, the wording “in truckloads only”, be ments, (finished or unfinished), cor­ Vermont, Virginia, West Virginia, and eliminated from the subject certificate. rugated cartons, sewing and pressing Wisconsin, and damaged, rejected and Applications U nder Sections 5 and machines and parts thereof, and parts returned shipments of the above-speci­ 210a (b> of knitting machines, ajid materials and fied commodities on return. Crude clay, supplies used in the manufacture of from Kona, N. C., Gordon, Ga., and Paris, The following applications are gov- cloth and undergarments, as a contract Tenn., to Rockport, Ind. Gypsum, from • erned by the Interstate Commerce Com­ carrier, over irregular routes, between Southard, Okla., and Medicine Lodge, mission’s special rules governing notice Saratoga Springs, N. Y., and Boonton, Kans., to Rockport, Ind. Glazing com­ of filing of applications by motor car­ N. J. Vendee is authorized to operate as pound, from „Niagara Falls, N. Y., to riers of property or passengers under a common carrier in New York, Penn­ Rockport, Ind. Metal lavatory hangers, sections 5 (a) and 210'a (b) of the Inter­ sylvania, Ohio, New Jersey, West Vir­ from Cleveland, Ohio, to Rockport, Ind. state Commerce Act and certain other ginia, Kentucky, and Michigan. Appli­ Empty containers or other^such inci­ procedural matters with respect thereto cation has not been filed for temporary dental facilities (not specified) used in (49 C FR 1.240). authority under section 210a (b ). transporting the commodities specified MOTOR CARRIERS OF PROPERTY No.'MC-F 7043. Authority sought for in this application on return. purchase by WATKINS MOTOR LINES, No. M C-F 70391, Authority sought for No. MC 117839, filed November 14, INC., P. O. Box 785, Cassidy Road, Thom­ purchase by M cCRACKEN V A N & 1958. Applicant: DOROTHY KEMP asville, Ga., of the operating rights of STORAGE CO., 375 W&st Fourth Avenue, AND DAVID KEMP, a partnership doing ARCTIC EXPRESS, INC., P. O. Box 828, Eugene, Oreg., of the Operating rights business as KEMP TRANSPORT, 3113 Cassidy Road, Thomasville, Ga., and Of CORA E. HAMMER (FORMERLY Summer Avenue, Memphis, Tenn. Ap­ for acquisition by B IL L W A T K IN S , also CORA E. SEEL YE), doing business as of Thomasville, of control of such rights plicant’s attorney: Robert G. Murray, C & M TRANSFER CO., 226 Fourth Ave­ through the purchase. Applicants’ rep­ 209 East Baltimore Street, Jackson, nue, Eugene» Oreg., and for acquisition resentatives: Joseph H . Blackshear, At­ Tenn. Authority sought to operate as by J. W. McCRACKEN, 2320 West Sev­ a common carrier, by motor vehicle, over enth Place, Eugene, Oreg., and E. E. torney at Law, Gainesville, Ga., and Bill irregular routes, transporting: Com ­ McCRACKEN, 3147 Northwest Front Watkins, President, Watkins Motor mercial trailers, house trailers, cabin Avenue, Portland, Oreg., of control of Lines, Inc., P. O. Box 785, Cassidy Road, Wednesday, November 26, 1958 FEDERAL REGISTER 9167 Thomasville, Ga. Operating rights defined by the Commission, from Chicago SEE LINES, INC., 416 Fifth Avenue sought to be transferred: Fresh and and East St. Louis, 111., Indianapolis, South-, Nashville, Tenn., of a portion of frozen fruits and vegetables, as a com­ Ind., Storm Lake, Iowa, Kansas City, Mo., the operating rights and certain property mon carrier over irregular routes, from Kansas City, Kans., and Omaha, Nebr., of AMERICAN BUSLINES, INC., 1341 P points in Florida to points in Georgia, to points in Florida; fresh and smoked Street, Lincoln 8, Nebr., and for acquisi­ Maryland, New Jersey, New York, North meats from Indianapolis, Ind., to Or­ tion by CONTINENTAL SOUTHERN Carolina, Pennsylvania, South Carolina, lando, West Palm Beach, Fort Lauder­ LINES, INC., 425 Bolton Avenue, Alex­ Virginia, W est Virginia, Wisconsin, the dale, and Daytona Beach, Fla.; dairy andria, La., and TRANSCONTINENTAL District of Columbia, and Chicago, 111., products as defined in Section B of the BUS SYSTEM, INC., 315 Continental Louisville, Ky., N ew Orleans, La., Cincin­ appendix to the report in Modification of Avenue, Dallas, Tex., of control of such nati and Cleveland, Ohio, and points Permits-Packing House Products, 46 rights and property through the pur­ within 20 miles of each of the named M. C. C. 23, fram points in Iowa, M ary ­ chase. Applicants’ attorneys: Carl B. cities (except (I) fresh fruits and fresh land, New York, Wisconsin, and Chicago, Callaway, Alfred' Crager or Warren A. vegetables, from points in Florida to Eau 111., to Jacksonville, Miami, Orlando, and Goff, all of 315 Continental Avenue, Dal­ Claire, Wis., and (2) fresh and frozen Tam pa Fla., (except butter, cheese, las 7, Tex. Operating rights sought to fruits and Vegetables (a) from points in cream and milk, from Chicago, 111., and be transferred: Passengers and their Florida to Cincinnati, Ohio, and (b ) from points in Iowa and Wisconsin, to Tampa, baggage, and express and newspapers in Dinsmore and Jacksonville, Fla., and Fla.) . from points in Ilinois (except Chi­ the same vehicle, with passengers, as a points in Florida on U. S. Highway 1 cago) , Indiana, Minnesota, Missouri, common carrier over regular routes, be­ north of Jacksonville, Fla., to Atlanta, Ohio, Kentucky, and Tennessee, to tween Memphis, Tenn., and Chattanooga, Ga., and points in Georgia on U. S. High­ Miami, Orlando, Ocala, Tampa, Chipley, Tenn., between Collierville, Tenn., and way 41 between Atlanta and Perry, Ga., Daytona Beach, Jacksonville, ancjl Pen­ Corinth, Miss., and JDetween junction points on U. S. Highway 23 between At­ sacola, Fla., (except (1) dressed poultry, U. S. Highway 72 and unnumbered high­ lanta and Forsyth, Ga., points on U. S. butjter, oleomargarine, cheese, and eggs, way north of Sheffield, Ala., and Lister Highway 341 between Perry and Baxley, from Cincinnati, Ohio, to Orlando, Hill, Ala., serving certain intermediate Ga., and points on U. S. Highway 1 be­ Miami, Tampa, and Jacksonville, Fla., points. Vendee is authorized to operate tween Baxley and the Georgia-Florida and (2) butter, cheese, cream, and milk, as a common and contract carrier in State line), and from points in Georgia, from points in Illinois (except Chicago, Tennessee and Kentucky. Application New Jersey, New York, North Carolina, Indiana, Minnesota, Missouri, and Ohio, has been filed for temporary authority Pennsylvania, South Carolina, Virginia, to Chipley and Tampa, Fla.iv and from under section 210a ( b ) . and Wisconsin, Chicago, 111., Indianapo­ Chicago, 111., and points in Idwa and lis, Ind., and points within 20 miles of Wisconsin to Ocala and Daytona Beach, By the Commission. Chicago, 111., and Indianapolis, Ind., to Fla.; dairy products, as defined by the [ s e a l ] H arold D. M cC o y , Jacksonville, Miami, Orlando, and Commission, from Kansas City, Mo., and Secretary. Tampa, Fla. (except (1) frozen frtiits Kansas.City, Kans., to points in Florida; and frozen vegetables, from points in [F. R. Doc. 58-9796; Filed, Nov. 25, 1958; dairy products, from Louisville, Ky., to 8:51 a. m.J Wisconsin to Jacksonville, Miami, O r­ certain points in Florida. Vendee is au­ lando, and Tampa, Fla., and (2) fresh thorized to operate as a common carrier and frozen fruits and vegetables, from in Georgia, Delaware, Illinois, Indiana, Atlanta, Ga., and points in Georgia on Kentucky, Maryland, Connecticut, Flor­ F o u r t h S e c t io n A pplications for R e l ie f U. S. Highway 41 between Atlanta and ida, Michigan, Minnesota, New Jersey, Perry, Ga., points on U. S. Highway 23 New York, North Carolina, Pennsylvania, N ovember 21, 1958. between Atlanta and Forsyth, Ga., points Iowa, Alabama, Virginia, West Virginia, Protests to the granting of an applica­ on U. S. Highway 341 between Perry and Wisconsin, Ohio, Tennessee, Missouri, tion must be prepared in accordance Baxley, Ga., and points on U. S. Highway Massachusetts, Rhode Island, Missis­ with Rule 40 of the general rules of prac­ 1 between Baxley, Ga., and the G eorgia- sippi, Louisiana, South Carolina, Arkan­ tice (49 C F R 1.40) and filed within 15 Florida State line, to Jacksonville, Fla.) ; sas, Kansas, Nebraska, Oklahoma, Texas, days from the date of publication of this fresh, frozen, or processed sea food and Arizona, California, New Mexico, aiid notice in the F ederal R e g ist e r . frog legs except when in hermetically the District of Columbia. Application sealed containers, from points in Volusia, has not been filed for temporary au­ LONG-AND-SHORT /1HAUL Brevard, Indiana River, St. Lucie, M a r­ thority under section 210a ( b ) . F S A N o. 35072: Caustic Potash from tin, Palm Beach, Broward, Dade, Collier, Charleston, W. Va., to La Salle, III. Filed MOTOR CARRIERS OF PASSENGERS and Sarasota Counties, Fla., to points in by O. E. Schultz, Agent (ER No. 2469), Georgia, Iowa, M aryland, New Jersey, No. M C-F 7041. Authority sought for for interested rail carriers. Rates on New York, North Carolina, Pennsylvania, purchase by MIDWEST BUSLINES, INC., liquid caustic potash, tank-car loads South Carolina, Virginia, West Virginia, 1800 Lincoln Avenue, Little Rock, Ark., from Charleston, Dock, Elk, Owens, Wisconsin, the District of Columbia, and of a portion of the operating rights and South Charleston, and South Ruffner, Chicago, 111., Lousville, Ky., New Orleans, certain property of AMERICAN BUS­ W. Va., to La Salle, 111. La;, Cincinnati and Cleveland, Ohio, and LINES, INC., 1341 P Street, Lincoln 8, Ground for relief: Barge competition. points within 20 miles of each of the Nebr., and for acquisition by TRAM M ELL Tariff: Supplement 131 to Chesapeake named cities (except frozen seafoods CROW, 425 South Field Street, Dallas, and Ohio Railway Company tariff I. C. C. when not in hermetically sealed contain­ Tex., of control of such rights and prop­ 13473. ers from points in Volusia, Brevard, In­ erty through the purchase. Applicants’ By the Commission. diana River, St, Lucie, Martin, Palm attorney: W illiam C. Scurry, 1735 Repub­ Beach, Broward, Dade, Collier, and Sara­ lic National Bank Building, Dallas, Tex. [ s e a l ] H arold D . M cC o y , sota Counties, Fla., to points in Iowa), Operating rights sought to be trans­ Secretary. irom New York, N. Y., Baltimore, Md., ferred : Passengers and their baggage, savannah and Darien, Ga., and New Or­ and express and neaospapers in the same [F. R. Doc. 58-9795; Filed, Nov. 25, 1958; 8:50 a. m.] leans, La., and points within 20 miles of vehicle with passengers, as a common each of these cities, to Miami, Fla., and carrier over regular routes between Kan­ from points in Dade County, Fla., to cer­ sas City, Mo., and Memphis, Tenn., tain points in Illinois, Kentucky, Lou- serving certain intermediate points. T^ na> and Ohio, and points in Alabama, Vendee is authorized to operate as a F o u r t h S e c t io n A pplications for R e l ie f indiana, Minnesota, Missouri, and T en - common carrier in Missouri, Colorado, N o v em ber 21,1958. nessee; fresh and smoked meats and Kansas, Texas, Arkansas, Tennessee, Protests to the granting of an applica­ 1rozen> or processed sea food and Mississippi, Louisiana, and Nebraska. ' ° g, le9s except in hermetically sealed tion must be prepared in accordance Application has been filed for temporary with Rule 40 of the general rules of prac­ containers, from Chicago, HI., and In - authority under section 210a ( b ) . jnanapoiis, Ind., to Miami, Fla.; meats, tice (49 C FR 1.40) and filed within 15 No. M C-F 7042. Authority sought for days from the date of publication of this etti products, and meat by-products as purchase by CONTINENTAL TENNES- notice in the F ederal R eg ister . . 9168 NOTICES

LONG-AND-SHORT HAUL F S A No. 35105: Sugar from western Bureau, Agent (No. B-7419), for inter­ points to Wisconsin. Filed by Western ested rail carriers. Rates on meats, F S A No. 35104: Fresh meats and re­ salted (other than dry salted), carloads, lated articles from central territory to Trunk Line Committee, Agent (No. A - New England. Filed by Traffic Execu­ 2030), for interested rail carriers. Rates as described in the application from tive Association-Eastern Railroads, on sugar, beet or cane, carloads from Green Bay, Wis., to points in Kansas Agent (C T R No. 2392) ,s for interested points in Colorado, Idaho, Kansas, Ne­ and Missouri. rail carriers. Rates on fresh meats and braska, South Dakota, Utah, and Wyo­ Grounds for relief: Short-line dis­ articles taking the same rates, other ming, to points in Wisconsin. tance formula and grouping. than hung, or suspended from hooks or Grounds for relief: Motor truck and T ariff: Supplement 107 to Southwest­ racks, carloads from points in central market competition. ern Lines tariff I. C. C. 4036. territory to Boston, Mass., and Rock­ Tariff: Supplement 50 to Western By the Commission. land, Maine, and "to points taking the Trunk Line Committee tariff I. C. C. A - same rates or arbifcraries higher. 4099. [ s e a l ] H arold D. M cC o y , Grounds for relief: Motor truck com­ Secretary. petition and grouping. F S A No. 35106: Salted meats from Tariff: Supplement 25 to T. E. A.- Green Bay, Wis., to Kansas and M is­ [P. R. Doc. 58-9792; Piled, Nov. 25, 1958; E. R. tariff I. C. C. C-17 (Hinsch series) souri. Filed by Southwestern Freight 8:50 a. m.]

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