^ j\ O N A L ^ FEDERAL«REGISTER

VOLUME 20 1 9 3 4 ^ NUMBER 184 * Wanted % Washington, Wednesday, September 21, 1955

TITLE 5— ADMINISTRATIVE work which dealt specifically with the CONTENTS following subjects: silviculture, forest PERSONNEL management, forest protection, forest Agricultural Marketing Service Pa&e Chapter I——Civil Service Commission economics, forest utilization and either Notices: (1) range management, (2) wildlife Shelby Stockyards Co., Shelby, Part 6—Exceptions from the Competi­ management, (3) forest engineering or Mont.; posting of stockyard_ 7083 tive Service (4) forest influences. Proposed rule making: FEDERAL POWER COMMISSION (ii), A total of at least 30 semester Pears, certain varieties; ex­ hours of course-work in science or en­ penses and rate of assessment Effective upon publication in the F ed­ gineering in an accredited college or uni­ for 1955-1956 fiscal period-. 7082 eral R egister, paragraphs (d) and (e) versity with major study in forestry, U. S. standards for: of § 6.325 are amended as set out below. forest engineering, range management, Canned pumpkin and canned § 6.325 Federal Power Commission. wildlife management or a closely related squash______7081 * * * subject-matter field, including at least Grapefruit (Texas and States (d) Executive Director. 20 semester hours in forestry with other than Florida, Califor­ (e) One Private Secretary to the Ex­ course-work whicli dealt specifically nia and Arizona)______7077 ecutive Director. with the following subjects: silviculture, Tobacco inspection; announce­ forest management, forest protection, ment of referenda in connec­ (R. S. 1753, sec. 2, 22 Stat. 403 ; 5 U. S. C. 631, 633; E. O. 10440, 18 F. R. 1823, 3 CFR, forest economics, forest utilization and tion with proposed designa­ 1053 Supp.) either (1) range management, (2) wild­ tions under Tobacco Inspec­ life management, (3) forest engineering tion Act of tobacco markets United States Civil Serv­ or (4) forest influences, plus enough of Henderson, Ky., and Gate ice Commission, additional experience, or education, of City, Va______7077 [seal] Wm. C. H ull, an appropriate nature to total 4 years Rules and regulations: Executive Assistant. of experience and education or 4 years Cotton fiber and spinning teste; [F. R. Doc. 55-7635; Piled, Sept. 20, 1955; of education. The quality of this addi­ prescribed fees______7067 8:49 a. m.] tional experience or education must have Irish potatoes grown in Modoc / been such that, when combined with the and Siskyou Counties, Calif., ■ 30 semester hours of course-work in sci­ and in all counties in Oregon ence or engineering, it gives the appli­ except Malheur County___ _ 7068 Part 24—F ormal Education R equire­ cant a technical knowledge comparable Agriculture Department ments for A ppointm ent to Certain to that normally acquired through the See Agricultural Marketing Serv­ S cientific, T echnical, and P rofes­ successful completion of the full 4-year ice; Commodity Credit Corpora­ sional P ositions course of study described in subdivision tion. (i) of this subparagraph. FORESTER (2) Applicante for Forester (Range Army Department Sections 24.50, 24.53, 24.54 are revoked Management), GS-460-5-15, positions See Engineers Corps. and §§ 24.19 and 24.56 are amended as must have successfully completed one of Civil Aeronautics Administra- set out below. the following: tion (i) A full 4-year course of study in an §24.19 Forester. GS-460-5-15, and Rules and regulations: accredited college or university leading Restricted areas; alterations__ 7074 Forester (Range Management), GS-460- to a bachelor’s or higher degree with 5-15—(a) Educational requirement. (1) major study in forestry, forest engineer­ Civil Aeronautics Board Applicants for Forester, GS-460-5-15, ing, range management, wildlife man­ Notices: positions must have successfully com­ agement or a closely related subject- Hearings, etc.: pleted one of the fo llo w in g ; matter field. This coùrse of study must Continental Air lines, Inc__ 7084 (i) A full 4-year course of study inihave included at least 20 semester hours New York-Nassau case_____ 7083 an accredited college or university lead­ of course-work in forestry, supplemented Rules and regulations: ing to a bachelor’s or higher degree with by at least 9 semester hours of course- Certification and operation major study in forestry, forest engi­ rules for scheduled air carrier . neering, range management, wildlife work in range management, or in subjects directly related to range operations outside continental management or a closely related subject- limits of United States; flight matter field. This course of study must management, and 6 semester hours in a time limitations for pilots not r nave included at least 20 semester hours combination of plant ecology (exclud- regularly assigned to one type 1 course-work in forestry with course- ( Continued on p. 7067J of crew______7074 7065 7066 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Civil Service Commission Pa&e Interstate Commerce Commis- Pa§e fedebaC ^ register Rules and regulations: . sion Vt'Nino’ 1,34 Exceptions from competitive Notices: service; Federal Power Com­ Fourth section applications for Published dally, except Sundays, Mondays, mission.______;______7065 relief______7086 and days- following official Federal holidays, Formal education requirements Motor carrier applications____ ! 7086 by the Federal Register Division, National for appointment to certain Labor Department Archives and Records Service, General Serv­ scientific, technical, and pro­ ices Administration, pursuant to the au­ fessional positions; forester— 7065 See Public Contracts Division;. thority contained in the Federal Register Act, Wage and Hour Division. approved July 26, 1935 (49 Stat. 500, as Commerce Department Land Management Bureau amended; 44 U. S. C., ch. 8B ), under regula­ See Civil Aeronautics Administra­ tions prescribed by the Administrative Com­ Notices : mittee of the Federal Register, approved by tion. New Mexico; proposed with­ the President. Distribution is made only by Commodity Credit Corporation drawal and reservation of the Superintendent of Documents, Govern­ Rules and regulations: lands,______7083 m ent Printing Office, Washington 25, D. C. Bean, dry edible, 1955 crop loan Rules and regulations: The F ederal R egister will be furnished by Alaska; public land order___ _ 7076 mail to subscribers, free of postage, for $1.50 and purchase program; cor- per month or $15.00 per year, payable in ' rectión______7067 Public Contracts Division advance. The charge for individual copies Notices: (minimum 15 cents) varies in proportion to Defense Department Contracts in furtherance of the size of the issue. Remit check or money See Engineers Corps. Civil Reserve Air Fleet Pro­ order, made payable to the Superintendent of Documents, directly to the Government Engineers Corps gram; exemption air carriers Printing Office, Washington 25, D. C. Rules and regulations: from certain requirements__ 7085 The regulatory material appearing herein Anchorage, bridge, and naviga­ Proposed rule making: Is keyed to the Code op F ederal R egulations, tion regulations; miscellane­ Determination of prevailing which is published, under 50 titles, pursuant ous amendments___ ;___ _ 7075 minimum wages for battery to section 11 of the Federal Register Act, as industry; hearing______7077 amended August 5, 1953. The Code of F ed­ Federal Communications Com­ eral R egulations is sold by the Superin­ Public Health Service tendent of Documents. Prices of books and mission Rules and regulations: pocket supplements vary. Notices: ^ Fellowships, internships, train­ There are no restrictions on the re­ El Mundo, Inc., et al; hearing. 7084 ing; benefits; condition to publication of material appearing in the Rules and regulations: payments; conditions of F ederal R egister, or the Code of Federal Frequency allocations and radio award....______7075 R egulations. treaty matters; radio broad­ cast stations; frequency allo- Treasury Department cations in Alaska______7076 See Internal Revenue Service. CFR SUPPLEMENTS Wage and Hour Division Federal Power Commission Notices: (For use during 1955) -Notices: Learner employment certifi­ The following Supplements are now Hearings, etc.: cates; issuances to various available: Cameron Oil Co______- 7086 industries_____ .___ ... __ 7084 Lowery, Tim G., et al______7086 Title 32: Parts 400-699 ($5.75) Montana-D a k o t a Utilities CODIFICATION GUIDE Co______7085 Parts 800-1099 ($5.00) A numerical list of the parts of the Code Part 1100 to end ($4.50) Palermo Gas Co______7085 of Federal Regulations affected by documents Puget Sound Power & Light Title 43 (Revised, 1954) ($6.00) published in this issue. Proposed rules, as Co______7086 opposed to final actions, are identified as Previously announced: Title 3, 1954 Supp. Food and Drug Administration such. ($1.75); Titles 4-5 ($0.70); Title 6 Rules and regulations: Page ($2.00); Title 7: Parts 1-209 ($0.60); Title 3 Parts 210-899 ($2.50); Part 900 to end Tolerances and exemptions Chapter H (Executive orders): ($2.25); Title 8 ($0.45); Title 9 ($0.65); from tolerances for pesticide Jan. 4, 1901 (revoked in part by Titles. 10-13 ($0.50); Title 14: Parts chemicals in or on raw agri­ PLO 1224)__ 1 ______7076 1-399 ($2.25); Part fOO to end ($0.65); cultural commodities; toler­ Dec. 9, 1903 (revoked by PLO Title 15 ($1.25); Title 16 ($1.25); Title 17 ance for residues of 3-(3,4- 1224)______7076 J ($0.55); Title 18 ($0.50); Title 19 ($0.40); dichlorophenyl) 1, 1-dimeth- 1229 (revoked by PLO 1224) — 7076 X Title 20 ($0.75); Title 21 ($1.75); Titles ylurea____ i,______!.__ 7075 Title 5 ' 22-23 ($0.75); Title 24 ($0.75); Title 25 Health, Education, and Welfare Chapter I: ($0.50); Title 26 (1954) ($2.50); Title Part 6—______■—• 7065 26: Parts 1-79 ($0.35); Parts 80-169 Department 7065 ($0.50); Parts 170-182 ($0.50); Parts See Food and Drug Administra­ - Part 24______183-299 ($0.30); Part 300 to end and tion ; Public Health Service. Title 6 Title 27 ($1.25); Titles 28-29 ($1.25); Chapter IV: Titles 30-31 ($1.25); Title 32: Parts Interior Department Part 421™ ____ — ------7067 1-399 ($4.50); Parts 700-799 ($3.75); See Land Management Bureau. Title 32A, Revised December 31, 1954 Title 7 ($1.50); Title 33 ($1.50); Titles 35-37 Internal Revenue Service Chapter I: Part 28______i— 7067 ($0.75); Title 38 ($2.00); Title 39 Notices: 7077 ($0.75); Titles 40-42 ($0.50); Titles Certain officers of regional ap­ Part 29 (proposed)______44-45 ($0.75); Title 46: Parts 1-145 Part 51 (proposed)------7077 pellate divisions; delegation 7081 ($0.40); Part 146 to end ($1.25); Titles of authority to sign agree­ Part 52 (proposed)------47-48 ($1.25); Title 49: Parts 1-70 Chapter IX: ments as to liability for per­ 7082 ($0.60); Parts 71-90 ($0.75); Parts sonal holding company tax.. 7083 Part 939 (proposed)'------91-164 ($0.50); Part 165 to end ($0.60); Part 959______7068 Title 50 ($0.55) District directors of internal revenue; delegation of au­ Title 14 Order from Superintendent of Documents, thority to grant extensions of Chapter I: ~“~ Government Printing Office, Washington time for filing corporation Part 41 ______—-— 7074 25, D. C. declarations of estimated in­ Chapter II: come tax______7083 Part 608______— ------7074 Wednesday, September 21t 1955 FEDERAL REGISTER 7067 CODIFICATION GUIDE— Con. tection and utilization of forest resources their work in order to solve specific and forest lands for the continuous pro­ problems, interpret and apply the results Title 21 Paee duction of forage for livestock and big of research, both in the field of forestry Chapter I: game where this work must be co­ and in related fields of science, and to do Part 120...... i______7075 ordinated with the management of other research in forestry. The knowledge forest resources such as timber, water, and training required can only be Title 33 recreation and wildlife. The duties of acquired through the successful com­ Chapter U: these positions require a combination of pletion of a directed course of study in Part 202______„ 7075 knowledges and abilities in both the an accredited college or university which Part 203______7075 science of forestry and the science of has scientific libraries, well-equipped Part 207—______7075 range management. laboratories and thoroughly trained in­ Title 41 (c) Knowledge and training requisitestructors, gives expert guidance and Chapter II: for performance of duties. The duties evaluates progress competently. ' Part 202 (proposed)______7077 of these positions cannot be performed (Sec. 11, 58 Stat. 390; 5 TJ. S. C. 860) Title 42 without a sound basic knowledge of the fundamental biological and plant U nited S tates Civil Serv­ Chapter I: * ice Commission, Part 61______7075 sciences and of the basic physical and mathematical sciences and specific train­ [seal] Wm . C. H ull, Part 63______7075 ing in forestry or forestry and range Executive Assistant. Title 43 management. These duties require an [F. R. Doc. 55-7625; FUed, Sept. 20, 1955; Chapter I: exacting and detailed knowledge and 8:47 a. m.] Appendix (Public land orders): training. Appointees must have the 1224______7076 ability to apply their professional and Title 47 scientific knowledge to their work in TITLE 6— AGRICULTURAL CREDIT order to solve specific problems, interpret Chapter I: Chapter IV— Commodity Stabilization Part 2____ 7076 and apply the results of research, both Part 3______7076 in the fields of forestry and range man­ Service and Commodity Credit Cor­ agement and in related fields of science, poration, Department of Agriculture and to manage forest resources wisely. ing silviculture or silvics) and taxonomic The knowledge and training required pan Subchapter B l eans, Purchases, and Other botany. only be acquired through the successful Operations (ii) A total of at least 40 semester completion of a directed course of study {1955 C. C. C. Grain Price Support Bulletin 1, hours of course-work in science or engi­ in an accredited college or university Supp. 1, Dry Edible Beans] neering in an accredited college or uni­ which has scientific libraries, well- P art 421—G rains and Related versity with major study In forestry, equipped laboratories and thoroughly Commodities forest engineering, range management, trained instructors, gives expert guidance and evaluates progress competently. SUBPART— 1955-CROP DRY EDIBLE BEAN LOAN wildlife management or a closely related AND PURCHASE AGREEMENT PROGRAM subject-matter field, including at least § 24.56 Research Forester, GS-461- 20 semester hours in forestry, supple­ 5-15 (all options except Fire Research Correction mented by at least 9 semester hours in and Forest Influences)—(a) Educational In F ederal R egister Document 55— range management, or in subjects di­ requirement. Applicants must have 7379, published at page 6689 in the issue rectly related to range management, and successfully completed a full 4-year for Tuesday, September 13,1955, the fol­ 6 semester hours in a combination of course of study in an accredited college lowing change should be made in § 421.- plant ecology (excluding silviculture or or university leading to a bachelor’s or 1187: In the proviso in paragraph (b)’ silvics) and taxonomic botany, plus highey degree with major study in for­ (3) the phrase “inspection and weight enough additional experience, or educa­ estry, forest engineering, range manage­ certificates not be required” should read tion, of an appropriate nature to total 4 ment, wildlife management or a closely “inspection and weight certificates will years of experience and education or 4 related subject-matter field. This not be required”. years of education. The quality of this course of study must have included at additional experience or education must least 20 semester hours of course-work have been such that, when combined with in forestry with course-work which dealt * TITLE 7— AGRICULTURE the 40 semester hours of course-work in specifically with the following subjects: science or engineering, it gives the appli­ silviculture,- forest management, forest Chapter I— Agricultural Marketing cant a technical knowledge comparable protection, forest economics, forest uti­ Service (Standards, Inspections, to that normally acquired through the lization and either (1) range manage­ Marketing Practices), Department successful completion of the full 4-year ment, (2) wildlife management, (3) for­ of Agriculture course of study described in subdivision est engineering or (4) forest influences. (i) of this subparagraph. (b) Duties. Research Foresters ad­ P art 28—Cotton Standards (b) Duties. (1) Foresters advise on,vise on, administer, supervise or per­ Subpart E—Cotton F iber and Spinning administer, supervise or perform profes­ form professional and scientific research T ests sional and scientific work in connection work in connection with the develop­ with the management, protection and ment of improved methpds and practices prescribed fees utilization of forest resources and forest followed in managing, protecting and Pursuant to authority contained in the lands for the continuous production of utilizing the resources of the forests and Cotton Statistics and Estimates Act of goods and services derived from the the forest lands. This work involves the March 3,1927, as amended (55 Stat. 131; forest resources or from the forest lands. discovery and interpretation of the prin­ 7 U. S. C. 437d) § 28.956 of the regula­ This involves such things as timber and ciples and facts upon which rest the full tions for cotton fiber and spinning tests forage resources, protection of the forest productive use of the forests and the (7 CFR 28.956) is hereby amended, ef­ and land from fire, flood and erosion, forest lands. fective upon publication in the F ederal the maintenance of environmental con­ (c) Knowledge and training requisite R egister, as hereinafter set forth. ditions nécessary for wildlife, develop­ for performance of duties. The duties The primary purpose of the amend­ ment and preservation of natural of these positions cannot be performed ment is to reflect the availability and landscape effects and providing for pub­ without a sound basic knowledge of the fees for certain additional fiber and lic recreation. For the most part, the fundamental biological and plant sci­ spinning tests performed in combina­ duties of these positions involve the ences and of the basic physical and tion. “management of balanced resources or of mathematical sciences and specific The Department finds that it is im­ forested lands. training in forestry. These duties re­ practicable, unnecessary, and contrary (2) Foresters (Range Management) quire a most exacting and detailed to public interest to issue a notice of advise on, administer, supervise or per­ knowledge and training. Appointees proposed rule making on this amend­ form professional and scientific work in must have the ability to apply their pro­ ment or to postpone the effective date connection with the management, pro­ fessional and scientific knowledge to of the amendment until 30 days aftei >7068 RULES AND REGULATfONS publication in the F ederal R egister for Chapter IX— Agricultural Marketing Sec...... 959.87 Separability. ... the reasons that: (1) It will be to the Service (Marketing Agreements and 959.88 Amendments, advantage of users of the service to have Orders), Department of Agriculture the additional test items available as Authority: §§ 959.1 to 959.88 issued under soon as possible; and (2) no preparation P art 959—I rish P otatoes G row n in sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and Sup. 608c. is required by users of the service to M odoc and S isk iy o u Counties in comply with the amendment. C alifornia and in All Counties in § 959.0 Findings and determinations. The amendment is as follows: O regon, Except M alheur County 1 The findings and determinations herein­ 1. Amend the first sentence in § 28.956 after set forth are supplementary and in to read as follows: “Fees for fiber and ORDER, AS AMENDED, REGULATING HANDLING addition to the findings and détermina- / spinning tests shall be assessed in ac­ Sec., - tions made in connection with the issu­ cordance with the following:” 959.0 Findings and determinations. ance of the aforesaid order and of the „ 2. Add the following items to § 28.956: DEFINITIONS previously issued amèndments thereto; Item No., kind of test and fee per test and all of said previçus findings and de­ 959.1 Secretary. terminations are hereby rectified and af­ 21.1—Determination of neps in card 959.2 Act. web (from specimens furnished by 959.3 Person. firmed except insofar as such findings the applicant on boards covered 959.4 Production area. and determinations may be in conflict with black velvet; maximum of 10 959.5 Potatoes! with the findings and determinations set specimens or 360 square inches; re­ 959.6 Handler. forth herein. porting average neps per 100 square 959.7 Handle. (a) Findings upon the basis of the inches of card web); per test—------$1. 50 959.8 Producer. hearing record. Pursuant to Public Act 29—Combination fiber test: •959.9 Fiscal period. No. 10, 73d Congress (May 12, 1933), as Including test item numbers 3, 5, 959.10 Committee. and 6, per sample______3. 50 959.11 Varieties. amended, and as reenacted and amended 20 or more samples submitted at the 959.12 Seed potatoes. by the Agricultural Marketing Agree­ same time, per sample______3. 00 959.13 Table stock potatoes. ment Act of 1937, as amended (7 U. S. C. When tested in connection with 959.14 Pack. 601 et seq.), and in accordance with the spinning test item numbers 11, 959.15 Grade and size. applicable rules of practice and proce­ 12, 13, 14, and 15, per sample_____ 2.00 959.16 Grading. dure governing proceedings to formulate 29.1— Combination fiber test: 959.17 Export. marketing agreements and orders (7 Including test item numbers 3, 5, 959.18 District. and 6.1, per sample______— 2. 75 CFR Part 900; 19 P. R. 57), a public 20 or more samples submitted at ADMINISTRATIVE COMMITTEE hearing was held at Portland, Oregon, the same time, per sample.______2.25 959.25 Establishment and membership. on January 31-February 1, 1955, upon When tested in connection with 959.26 Procedure. proposed amendments to Marketing spinning test item numbers 11, 959.27 Selection. / Agreement No. 114 and Order No. 59, 12, 13, 14, and 15, per sample____ 1. 25 959.28 Term of office. as amended (7 CFR Part 959), regulating 29.2— Combination fiber test: 959.29 . Powers. the handling of Irish potatoes grown in Including test item numbers 3.1, 959.30 Duties. the Counties of Crook, Deschutes, Jeffer­ 5.1, and 6.2 (1 specimen from each 959.31 Expenses and compensation. of 3 or more replicate sub-sam­ 959.32 Districts. son, Klamath, and Lake in Oregon, and ples), per sub-sample.______1.50 959.33 Nominations. Modoc and Siskiyou in California. Upon 20 or more sub-samples submitted 959.34 Vacancies. the basis of the evidence introduced at at the same time, per sub-sample. 1.25 such hearingr and the record thereof, it 29.3—Combination fiber test: EXPENSES AND ASSESSMENTS is found that: Including test item numbers 3, 5, 959.40 Expenses. (1) The said order, as amended, and 6, and 7, .per sample______5.00 959.41 Budget. às hereby further amended, and all of 20 or more samples submitted at 959.42 Assessments. the terms and conditions thereof, will the same time, per sample_____ - 4.50 959.43 Accounting. tend to effectuate the declared policy of 29.4— Combination fiber test: 959.44 Refunds. Including test item numbers 3, 5, the act with respect to potatoes pro­ 6.1, and 7, per sample__ '.______4. 25 RESEARCH AND DEVELOPMENT duced in the production area (i) by es­ 20 or more samples submitted at 959.47 Research and development. tablishing and maintaining such orderly ' the same time, per sample______3.75 marketing conditions therefor as will 29.5— Combination fiber test: REGULATION tend to establish, as prices to the pro­ Including test item numbers 3.1, 5.1 . 959.50 Marketing policy. ducers thereof, parity prices, and by pro­ and 6 for 3 or more replicate sub- 959.51 Recommendations for regulations. tecting the interest of the consumer (a) samples (specimens for item 3.1 959.52 Issuance of grade, size, quality, and by approaching the level of prices which and 5.1 may be taken from cotton maturity regulations. it is declared in the act to be the policy blended for item 6 when re­ 959.53 Minimum quantities. quested) , per sub-sample______2.75 959.54 Handling for specified purposes. of Congress to establish by gradual cor­ 20 or more sub-samples submitted rection of the current level of prices at at the same time, per sub-sam ple. 3. 75 INSPECTION AND CERTIFICATION as rapid a rate “as the Secretary deems 29.6—Combination fiber test: 959.60 Inspection and certification. to be in the public interest and feasible Including test item numbers 3.1, 5.1, in view of the current consumptive de­ 6 and 7 for 3 or more replicate sub­ EXEMPTIONS mand in domestic and foreign markets, samples (specimens for items 3.1 959.65 Procedure. and (b) by authorizing no action which and 5.1 may be taken from cotton 959.66 Granting exemptions. has for its purpose the maintenance of blended for item 6 when re­ 959.67 Appeal. prices to producers of such potatoes quested) , per sub-sample______4. 50 959.68 Review, records, and reports of ex­ 20 or more sub-samples submitted emptions. above the parity level, and (ii) by au­ at the same time, per sub-sample. 4. 00 thorizing the establishment and main­ 29.7—Combination fiber test: EFFECTIVE TIME AND TERMINATION tenance of such minimum standards of Including test item numbers 3.1, 5.1, 959.70 Effective time, quality and maturity, and such grading and 7 for 3 or more replicate sub­ 959.71 Termination. and inspection requirements as may be samples, per sub-sample______3. 25 959.72 Proceedings after termination. incidental thereto, as will tend to effec­ 20 or more sub-samples submitted at 959.73 Effect of termination or amendment. the same time, per sub-sample_2. 75 tuate such orderly marketing of such MISCELLANEOUS PROVISIONS potatoes as will be in the public interest; (Sec. 3d, 55 Stat. 131; 7 U. S. C?473d) (2) The said order, as amended, and 959.80 Reports. Done at Washington, D. C., this 15th 959.81 Compliance. as hereby further amended, regulates the day of September 1955. 959.82 Right of the Secretary. handling of potatoes grown in the pro­ 959.83 Duration of immunities. duction area in the same manner as and [ seal] R o y W. L ennartson, 959.84 Agents. is applicable only to persons in the re­ Deputy Administrator, 959.85 Derogation. spective classes of industrial and com­ Agricultural Marketing Service. 959.86 Personal liability. mercial activity specified in, a marketing [P. R. Doc. 55-7631; Piled, Sept. 20, 1955; agreement upon which hearings have 8:48 a. m.] 1 The headnote of this part is revised. been held; Wednesday, September 21, 1955 FEDERAL REGISTER 7069 (3) The said order, as amended, and will not require advance preparation on § 959.5 Potatoes. “Potatoes” means as hereby further amended, is limited in the part of persons subject thereto which all varieties of Irish potatoes grown application to the smallest regional pro­ cannot be completed prior to the effec­ within the aforesaid production area. duction area which is practicable, con­ tive date of regulation pursuant thereto. § 959.6 Handler. “Handler” is synon­ sistently with carrying out the declared It would be contrary to the public in­ ymous with “shipper” and means any policy of the act; and the issuance of the terest to delay the effective date hereof person (except a common or contract several orders applicable to subdivisions beyond the date hereinafter set forth. carrier of potatoes owned by another of the production area would not effec­ (c) Determinations. It is hereby de­person) who ships potatoes. tively carry out the declared policy of termined that: the act; (1) Handlers (excluding cooperative § 959.7 Handle. “Handle” or “ship” (4) The said order, as amended, and associations of producers who are not means to sell or transport potatoes as hereby further amended, prescribes, engaged in processing, distributing, or within the production area or between so far as practicable, such different shipping potatoes covered by this order, the production area and any point out­ terms, applicable to different parts of as amended) of more than 50 percent side thereof. the production area, as §,re necessary to of the volume of potatoes covered by this § 959.8 Producer. “Producer” means give due recognition to the difference in order, as amended, have signed a mar­ any person engaged in the production of the production and marketing of pota­ keting agreement, as amended, regulat­ potatoes for market. toes grown in the production area; and ing the handling of Irish potatoes grown (5) All handling of potatoes grownan in Modoc and Siskiyou Counties in Cal­ § 959.9 Fiscal period. “Fiscal period” the production area is in the current of ifornia and in all counties in Oregon means the period beginning and ending interstate or foreign commerce or di­ except Malheur County, and on the dates approved by the Secretary rectly burdens, obstructs, or affects such (2) The issuance of this order, as pursuant to recommendations by the commerce. amended, is approved or favored (i) by committee. (b) Additional findings. It is herebyat least two-thirds of the producers of § 959.10 Committee. “Committee” found that good cause exists for making Irish potatoes who participated in a ref­ means the administrative committee, the provisions of this order, as amended, erendum Jheld during the period August called the Oregon-California Potato effective not later than the time herein­ 24 through August 31, 1955, and who, Committee, established pursuant to after specified because the harvesting during the determined representative § 959.25. and marketing of the 1955 crop of Irish period (July 1, 1954 to June 30, 1955), potatoes grown in the production area as § 959.11 Varieties. “Varieties” means have been engaged within Modoc and and includes all classifications or sub­ defined in this order, as amended, will Siskiyou Counties in California, and in begin prior to the end of a thirty day divisions of Irish potatoes according to all countie? in Oregon except Malheur those definitive characteristics now or waiting period. "Any delay in the issu­ County, in the production of potatoes ance of this order, as amended, beyond ^hereafter recognized by the United for market, and tii) by producers who States Department of Agriculture. the effective date hereof may seriously participated in the aforesaid referendum impair the orderly marketing of the 1955 who, during the aforesaid representative § 959.12 Seed potatoes. “Seed pota­ crop of Irish potatoes grown in the period, produced for market at least two- toes” means and includes all potatoes production area. thirds of the volume of such potatoes officially certified and tagged, marked or It is necessary to make this order, as produced for market within the produc­ otherwise appropriately identified under amended, effective by the date herein­ tion area specified herein by all produc­ the supervision of the official seed potato after specified so that the Oregon-Cali- ers who participated in the said certifying agency of the State from which fornia Potato Committee, the adminis-f referendum. the potatoes are shipped, or other seed trative agency provided for in the order, Order relative to handling. It is, certification agencies which the Secre­ as amended, can be organized and start therefore, ordered that on and after the tary may recognize. to function as soon as possible. In this effective time hereof, the handling of § 959.13 Table stock potatoes. “Table manner, it will be possible for regula- potatoes grown in Modoic and Siskiyou stock potatoes” means, and includes all t^ns to be formulated and issued so that Counties in California and in all Coun­ potatoes not included within the defini­ E-Gducers will be in a position to obtain ties in Oregon, except Malheur County tion of “seed potatoes.” the benefits of this amended program on shall be in conformity to, and in com­ as much of their 1955 crop of potatoes pliance with, the terms and conditions § 959.14 Pack. “Pack” means a unit as is possible. of the aforesaid order, as amended, and of potatoes in any type of container and The provisions'of the order, as amend­ as hereby further amended; and such which falls within specific weight limits ed, are well known to handlers of Irish terms and conditions are as follows: or within specific grade limits recom­ potatoes grown in the production area by mended by the committee and approved DEFINITIONS by the Secretary. reason of the following facts: (1) the 0 public hearing, at which evidence was § 959.1 Secretary. ‘‘Secretary’’ means § 959.15 Grade and size. “Grade” received from the industry and upon the Secretary of Agriculture of the means any one of the officially estab­ which this order, as amended, is based, United States or any officer or employee lished grades i-of potatoes, and “size” was held in Portland, Oregon, January of the United States Department of means any one of the officially estab­ 31-Pebruary 1, 1955; (2) the recom­ Agriculture to whom authority has here­ lished sizes of potatoes, as defined and mended decision and the final decision tofore been delegated, or to whom au­ set forth in: were issued on June 6, 1955 (20 P. R. thority may hereafter be delegated, to (a) The United States Standards for 4026) and July 14, 1955 (20 P. R. 5139) , act in his stead. Potatoes issued by the United States De­ respectively; (3) copies of the regulatory § 959.2 Act. “Act” means Public Act partment of Agriculture (§§ 51.1540 to provisions of the order, as amended, No. 10, 73d Congress, as amended and 51.1559 of this title), or amendments were made available, prior to or during as reenacted and amended by the Agri­ thereto, or modifications thereof, or the course of the referendum which was cultural Marketing Agreement Act of variations basedf thereon; held during the period August 24 through 1937, as amended (48 Stat. 31, as (b) United States Consumer Stand­ August 31, 1955, to determine whether amended; 7 U. S. C. 601 et seq. ; 68 Stat. ards for Potatoes as issued by the United producers of potatoes in the production 906, 907, 1047), States Department of Agriculture area approved or favored the issuance of (§§ 51.1575 to 51.1587 of this title), or this order, as amended, to all known par­ § 959.3 Person. “Person” means an amendments thereto, or modifications ties who may be subject thereto; and (4)] Individual, partnership, corporation, as­ thereof, or variations based thereon; and ail known handlers in the production sociation, or any organized group or (c) Standards for potatoes issued by area were mailed a copy of the market­ business unit. the State from which the potatoes are ing agreement, as amended, the regula­ $ 959.4 Production area. “Production shipped, or amendments thereto, or tory provisions of which are the same area” means and includes Modoc and modifications thereof, or variations as those contained in this order, as Siskiyou Counties in the State of Cali­ based thereon. amended. Compliance with the regula­ fornia, and all counties, except Malheur, § 959.16 Grading. “G r a d in g ” is tory provisions of this order, as amended, in the State of Oregon. synonymous with “preparing for mar- 7070 RULES AND REGULATIONS ket” which means the sorting or sepa­ office for which they are selected and and other appropriate agencies with re­ rating of potatoes into grades and sizes have qualified, or during that portion spect to the establishment of marketing for market purposes. thereof beginning on the date on which research and development projects pur­ § 959.17 Export. " E xp ort” means they qualify during the current tërm of suant to § 959.47, shipment of potatoes beyond the bound­ office and continuing until the end there­ § 959.31 Expenses and compensation. aries of continental United States. of, and until their successors are selected Committee members and their respective and have qualified. § 959.18 District. “District” means alternates when acting on committee each one of the geographical divisions of § 959.29 Powers. The committee business shall be reimbursed for expenses the production area established pursuant shall have the following powers: necessarily incurred by them in the per­ to § 959.32. (a) To administer the provisions, of formance of their duties and in the exer­ this subpart in accordance with its cise of their powers under this subpart, ADMINISTRATIVE COMMITTEE terms; and shall receive compensation at a rate § 959.25 Establishment and member­ (b) To make rules and regulations to to be determined by the committee, ship. (a) The Oregon-California Potato effectuate the terms and provisions of which rate shall not exceed $10.00 for Committee consisting of twelve members, this subpart; each day, or portion thereof, spent in of whom eight shall be producers and (c) To receive, investigate, and report attënding meetings of the committee. four shall be handlers, is hereby estab­ to the Secretary complaints of violation § 959.32 Districts, (a) For the pur­ lished. For each member of the com­ of the provisions of this subpart ; and pose of selecting committee members, mittee there shall be an alternate who •—.(d) To recommend to the Secretary the following districts of the production shall have the same qualifications as the amendments to this subpart. area are hereby initially established: member. § 959.30 Duties. It shall be the duty District No. 1. The Counties of Crook, (b) An alternate member of the com­ of the committee: Deschutes, and Jefferson in the State of mittee shall act in the place and stead (a) At the beginning of each fiscal Oregon; of the member for Whom he is an alter­ period, to meet and organize, to select District No. 2. The Counties of Klamath nate during such member’s absence. In a chairman and such other officers as and Lake in the State of Oregon; the event of the death, removal, resig- may be necessary, to select subcommit­ District No. 3. All remaining counties in natidh, or disqualification of a member the State of Oregon, with the exception of tees of committee members, and to adopt Malheur County; his alternate shall act for him until a such rules and regulations for the con­ District No. 4. The Counties of Modoc successor for such member is selected duct of its business as it may deem and Siskiyou in the State of California. and has qualified. advisable; (b) To act as intermediary between (b) The Secretary, upon the recom­ § 959.26 Procedure, (a) Eight mem­ mendation of the committee, may rees­ bers of the committee shall be necessary the Secretary and any producer or han­ dler; tablish districts within the production to constitute a quorum and eight con­ area and n|ay reapportion committee curring votes will be required to pass any (c) To furnish to the Secretary such available information as he may request; membership > among the various dis­ motion or approve any committee action. tricts: Provided, That in recommending (b) The committee may provide for (d) To appoint such employees, agents, and representatives as it may any such changes in districts or repre­ meeting by telephone, telegraph, or other sentation, the committee shall give con­ means of communication and any vote deem necessary and to detèrhïine the salaries and define the duties of each sideration to (1) the relative importance cast at such meeting shall be confirmed of new areas of production, (2) changes promptly in writing: Provided, That if such person; (e) To investigate, from time to time, in the relative position of existing dis­ any assembled meeting,is held, all votes tricts with ‘respect to production, (3) shall be cast in person. and to assemble data on the growing, harvesting, shipping, and marketing the geographic location of areas of pro­ § 959.27 Selection., (a) Persons se­ conditions with respect to potatoes; duction as they would affect the effi­ lected as committee members or alter­ (f) To keep minutes, books, and rec­ ciency of administering this part, and nates to represent producers or handlers ords which clearly reflect all of the acts (4) other relevant factors: Provided shall be producers or handlers, respec­ and transactions of the committee and further, That there shall be no change tively, or officers or employees of a corpo­ such minutes,-books, and records shall in the total number of committee mem­ rate producer or handler, respectively, in be subject tô examination at any time bers or in the total number of districts. the district for which selected and shall by the Secretary or his authorized agent § 959.33 Nominations. The Secretary be residents of such district. or representative; may select the members of the Oregon- (b) The Secretary shall select three (g) To make available to producers California Potato Committee and their producer members of the committee, and handlers the committee voting rec­ respective alternates from nominations with their respective alternates, from ord on recommended regulations and on which may be made in the following District, No. 1, two producer members, other matters of policy; manner: with their alternates, from each of d is­ (h) At the beginning of each fiscal (a) Nominations for members and tricts No. 2 and No.'4, and one producer period, to submit to the Secretary a alternates of the committee may be sub­ member with his alternate, from District budget of its expenses for such fiscal mitted by producers or handlers, as the No. 3. The Secretary snail also select period, together with a report thereon; case may be, or groups thereof, on an one handler member of the committee, (i) To cause the books of the commit­ elective basis or otherwise. with his alternate, from each of Districts tee to be audited by a competent ac­ (b) In order to provide nominations Nos. 1, 2, 3, and 4. countant at least once each fiscal period, for committee members and alternates: (c) Any person selected by the Secre­ and at such other time as the committee (1) Hie committee shall hold or cause tary as a committee member or as an may deem necessary or as the Secretary to be held prior to May 1 of each year, alternate shall qualify by filing a written may request, and the report of such- after the effective date of this subpart, acceptance with the Secretary within audit shall show the receipt and expend-. a meeting or meetings of producers and ten days after being notified of such iture of funds collected pursuant to of handlers, respectively, in each of the selection. this subpart; and, a copy of each such districts designated in § 959.32 in which § 959.28 Term of office, (a) The report shall be made available at the the term of office of committee members, term of office of committee members and principal office of the committee for in­ and their respective alternates, will alternates shall be two years beginning spection by producers and handlers; . commence the following July 1; July 1 and ending June 30. The terms (j) To consult, cooperate, and ex­ (2) In arranging for such meetings the of office of members and alternates shall change information with other potato committee may, if it deems desirable, be so determined that one-half of the marketing committees and other indi­ utilize the services and facilities of exist­ total producer committee membership viduals or agencies in connection with all proper committee activities and ob­ ing organizations and agencies; and one-half of the total handler com­ (3) At each such meeting at least two mittee membership shall terminate jectives under this subpart; and each June 30. (k) To establish, and pay the expenses nominees shall be designated for each (b) Committee members and alter­of, advisory subcommittees for the pur­ position as member and for each position nates ^shall serve during the term of pose of consulting with Federal, State, as alternate member on the committee W ednesday, S eptem ber 21, 1955 FEDERAL REGISTER 7071 which is vacant, or which is to become a fiscal period by him as the first han­ mittee property during periods when vacant the following June 30; dler thereof and the total quantity of regulations are not in effect and, if the (4) Nominations for committee mem­ potatoes handled during such fiscal pe­ Secretary determines such action appro­ bers and alternate members shall be riod by .all handlers as first handlers priate, he may direct that such person or supplied to the Secretary in such man­ thereof. „ persons shall act as trustee or trustees ner and form as he may prescribe, not § 959.41 Budget. At the beginning of for the committee. later than May 31 of each year; each fiscal period and as may be neces­ (5) Only producers may participate § 959.44 Refunds. At the end of in designating nominees for producer sary thereafter, the committee shall each-fiscal period monies arising from committee members and their alternates prepare an estimated budget of income the excess of assessments over expenses and only handlers may participate in and expenditures necessary for. the ad­ shall be accounted for as follows: ministration of this part. The commit­ (a) Each handler entitled to a pro­ designating nominees for handler com­ tee may recommend to the Secretary a mittee members and their alternates; portionate refund of the excess assess­ (6) Each person who is both a han­ rate or rates of assessment calculated to ments at the end of a fiscal period shall dler and a producer may vote either as provide adequate funds to defray its be credited with such refund against the a handler or as a producer and may proposed expenditures. The committee operation of the following fiscal period elect the group in which he votes; and shall present such budget to ^;he Secre­ unless he demands payment thereof, in (7) Regardless of the number of dis­ tary with an accompanying report show­ which event such proportionate refund tricts in which a person handles or pro­ ing the basis for its calculations. shall be paid tohim ; or duces potatoes, each such, person is en­ § 959.42 Assessments, (a) The funds (b) The Secretary, upon recommen­ titled to cast only one vote on behalf to cover such expenses shall be acquired dation of the committee, may determine of himself, his agents, subsidiaries, affili­ by the levying of assessments upon han­ that it is appropriate for the mainte­ ates and representatives, in designating dlers as provided in this subpart. Each nance and functioning of such commit­ nominees for committee members and handler who first handles potatoes shall tee that some of tlje funds remaining at alternates: Provided, That in the event pay assessments to the committee upon the end of a fiscal period which are in a person is engaged in handling or pro­ demand, which assessments shall be in excess of the‘expenses necessary for op­ ducing potatoes in more than one dis­ payment of such handler’s pro rata share eration during such period may be car­ trict, such person shall elect the district of the committee’s expenses. ried over into following periods as a within which he may participate as (b) Assessments shall be levied upon reserve for possible liquidation. Upon aforesaid in designating nominees: Pro­ handlers at rates established by the Sec­ approval by the Secretary, such reserve vided further, That an eligible voter’s retary. Such rates may be established may be used upon termination of this privilege of casting' only one vote, as upon the basis of the committee’s recom­ part to liquidate the affairs of the com­ aforesaid, shall be construed to permit mendations and other available infor­ mittee: '‘Provided, That upon termina­ a voter to cast one vote for «each posi­ mation. Such rates may be applied tion of this part any monies in the re­ tion to be filled in the respective district equitably to each pack or unit. serve for liquidation whioh are not re­ in which he elects to vote. (c) At any time during or subsequent quired to defray the necessary expenses (c) If nominations are not madeto a given fiscal period the committee of liquidation shall to the extent prac­ within the time and in the manner speci­ may recommend the approval of an tical be returned upon a pro rata basis fied by the Secretary pursuant to para­ amended budget and an increase in the to all persons from whom such funds graph (b) of this section, the Secretary rate of assessment. Upon the basis of were collected. may, without regard to nominations, se­ such recommendations, pr other avail­ RESEARCH AND DEVELOPMENT lect the committee members and alter­ able information, the Secretary may ap­ § 959.47 Research and development. nates on the basis of the representation prove an amended budget and increase The committee, with the approval of the provided for in this subpart. the rate of assessment. Such increase Secretary, may provide for the estab­ § 959.34 Vacancies. To fill any va­ shall be applicable to all potatoes which lishment of marketing research and de­ cancy occasioned by the failure of any were regulated under this part and which velopment projects designed to assist, person selected as a committee member were handled by the first handler thereof improve, or promote the marketing, dis­ or as an alternate to qualify, or in the during such fiscal period. tribution, and consumption of potatoes. event of the death, removal, resignation, § 959.43 Accounting, (a) All funds or disqualification of any qualified mem­ received by the committee pursuant to REGULATION ber or alternate, a successor for his un­ the provisions of this subpart shall be § 959.50 Marketing policy—(a) Prep-. expired term may be selected by the used solely for the purposes specified in aration. Prior to each, marketing sea­ Secretary from nominations made in the this part.- son the committee shall consider and manner specified in § 959.33, or the Sec­ (b) The Secretary may at any time prepare a proposed policy for the mar­ retary may select such committee mem­ require the committee, its members and keting of potatoes. In developing its ber or alternate from previously un­ alternates, employees, agents, and all marketing policy the committee shall in­ selected nominees on the current nom­ other persons to account for all receipts vestigate relevant supply and demand inee list from the district involved. If and disbursements, funds, property, or conditions for potatoes. In such in­ the names of nominees to fill any such records for which they are responsible. vestigations the committee shall give vacancy are not made available to the Whenever any person ceases to be a appropriate consideration to the Secretary within 30 days after such va­ member or alternate of the committee following : cancy occurs, the Secretary may fill such he shall account for all receipts, dis­ (1) Market prices for potatoes, in­ vacancy without regard to nominations, bursements, funds, and property (includ­ cluding prices by grade, size, quality, and which selection shall be nfftde on the ing but not being limited to books and maturity in different packs, or any other basis of the representation provided for other records) pertaining to such com­ shipping Unit; in this subpart. mittee’s activities for which he is re­ (2) Supply of potatoes by grade, size, sponsible and deliver all such property quality, and maturity in the production EXPENSES AND ASSESSMENTS and funds in his hands to such succes­ area and in other production areas; § 959.40 Expenses. The committee is sor, agency or person as may be desig­ (3) The trend and level of consumer authorized to incur such expenses as the nated by the Secretary, and shall execute income; Secretary may find are reasonable and such assignments and other instruments (4) Establishing and maintaining or­ likely to be incurred by it during each as may be necessary or appropriate to derly marketing conditions for potatoes; fiscal period for the maintenance and vest in the designated successor, agency (5) Orderly marketing of potatoes as functioning of such committee and for or person the right to all such property will be in the public interest; and fUCiu PurP°ses 85 the Secretary, pursuant and funds and all claims vested in such to this subpart, determines to be appro- member or alternate. (6) Other relevant factors. pnate. Handlers shall share expenses on (c) The committee may make recom­ (b) Reports. (1) The committee shall the basis of each fiscal period. Each mendations to the Secretary for one or submit a report to the Secretary setting handler’s share of such expense shall be more of the members thereof, or any forth the aforesaid marketing policy Proportionate to the ratio between the other person, to act as a trustee for and it shall notify producers and han­ otal quantity cf potatoes handled during holding records, funds, or any other com­ dlers of the contents of such report. 7072 RULES AND REGULATIONS

(2) In the event it becomes advisablemittee, or upon the basis of other avail­ for the purposes stated in this section to shift from such marketing policy be­ able information, may modify, suspend, have been diverted from such purposes cause of changed supply and demand or terminate regulations issued pursuant contrary to the provisions of this subpart. conditions, the committee shall prepare to §§ 959.40 to 959.60, inclusive, in order (d) (1) The Secretary shall give a new marketing policy in accordance to facilitate the handling of potatoes for prompt notice to the committee of any with the manner previously outlined. the purposes specified below, whenever modification, suspension or termination The committee shall submit a report he finds that such actions tend to effec­ of regulations~pursuant to this section, thereon to the Secretary and notify pro­ tuate the declared policy of the act. or of any approval issued by him under ducers and handlers of the contents of Adequate safeguards may be established the provisions of this section. such report on the revised or amended pursuant to paragraph (c) of this section (2) The Secretary shall have the right marketing policy. to prevent such shipments from entering to modify, change, alter, or rescind any § 959.51 Recommendations for regu- channels of trade for other than the safeguards prescribed and any certifi­ lations. The committee shall recom­ specified purposes: cates issued by the committee pursuant (1) Shipments of potatoes for the to the provisions of this section. mend to the Secretary grade, size, qual­ purpose of having such potatoes graded ity, and maturity regulations, or amend­ INSPECTION AND CERTIFICATION ments thereto, or modifications thereof, or stored within the production area whenever it finds that such regulations generally qr within any specified por­ § 959.60 Inspection and certification. as provided in § 959.52 will tend to effec­ tions thereof; (a) During any period in which the han­ (2) Shipments of potatoes for export; dling of potatoes is regulated pursuant tuate the declared policy of the act. The X3) Shipments of potatoes for distri­ committee also may recommend modifi­ to §§ 959.42, 959.52, or 959.54, or any cation, suspension, or termination of any bution by relief agencies, or for con­ combination thereof, no handler shall sumption by charitable institutions; handle potatoes unless such potatoes are regulation, or amendments thereto, in (4) Shipments of potatoes for the order to facilitate.the handling of pota­ inspected by an authorized representa­ purpose of having such potatoes manu­ tive of the Federal-State Inspection toes for the purposes authorized in § 959.54. The committee may also rec­ factured or converted into specified Service, or such other inspection service products or by-products; as the Secretary shall designate, and are ommend amendment, termination, or (5) Shipments of potatoes for live­ suspension of any regulation issued un­ covered by a valid inspection certificate, der this part. stock feed within the production area except when relieved from such require­ generally or any specified portions ments pursuant to § 959.53 or § 959.54 or § 959.52 Issuance of grade, size, qual­ thereof; and both. ity, and maturity régulations, (a) The (6) For other specified purposes. (b) Regrading, resorting, or repacking Secretary shall limit the shipment of (b) Whenever the handling of seed any lot of potatoes shall invalidate any potatoes whenever he finds from the rec­ potatoes is not subject to the same regu­ prior inspection certificates insofar 'as ommendations and information submit­ lations as is the handling of table stock the requirements of this section are con­ ted by the committee, or from other potatoes, issued pursuant to §§ 959.40 to cerned. No handler shall handle pota­ available information, that such regula­ 959.60, inclusive, the committee, with the toes, after they have been regraded, re­ tion would tend to effectuate the declared approval of the Secretary, may prescribe sorted, repacked, or in any way further policy of the act. Such limitation may: adequate safeguards, pursuant to para­ prepared for market, unless such pota­ (1) s Regulate in any or all portions ofgraph (c) of this section, to prevent toes are inspected by an authorized rep­ the production area, the handling of par­ diversion of such shipments from seed resentative of the Federal-State Inspec­ ticular grades, sizes, qualities, or matur­ potato' channels. tion Service, or such other inspection ity of any or all varieties of table stock (c) The committee, with the approval service as the Secretary shall designate: or of seed potatoes, or both, during any of the Secretary, may prescribe ade­ Provided, That such inspection require­ period; or quate safeguards, authorized by para­ ments on regraded, resorted, or repacked (2) Regulate the handling of particu­ graphs (a) and (b) of this section, which potatoes may be modified, suspended, or lar grades, sizes, qualities, or maturity safeguards may include requirements terminated under rules and regulations of potatoes differently, for different va- that: s recommended by the committee, and ap­ rities, for table stock potatoes, for seed (1) Handlers shall file applications proved by the Secretary. potatoes, for different portions of the with the committee to handle potatoes (c) Insofar as the requirements of this production area, for different packs, or pursuant to this section; section are concerned, the length of time for any combination of the foregoing, (2) Handlers shall obtain Federal- for which an inspection certificate is during any period; or State inspection provided by § 959.60 and valid Inay be established by the commit­ (3) Regulate the handling of potatoes pay the pro rata share of expenses pro­ tee with the approval of the Secretary. by establishing, in terms f>f grades, sizes, vided by § 959.41 in connection* with po­ (d) When potatoes are inspected in or both, minimum standards of quality tatoes handled under the provisions of accordance with the requirements of this and maturity. this section: Provided, That such inspec­ section, a copy of each inspection certifi­ (b) The Secretary may amend any tion and payment of expenses may be cate issued shall be made available to regulation issued under this subpart required at different times than other­ the committee by the inspection service. whenever he finds that such regulation wise specified, by the aforesaid sections; EXEMPTIONS would tend to effectuate the declared and policy of the act. The Secretary may (3) (i) Handlers shall obtain Certifi­ § 959.65 Procedure. The committee also terminate or suspend any regulation cates of Privilege from the committee may adopt, subject to approval of the whenever he finds that such regulation for potatoes to be handled under the pro­ Secretary, the procedures pursuant to obstructs or no longer tends to effectuate visions of this section. The committee, which certificates of exemption will be the declared policy of the act. with the approval of the Secretary, shall issued to prdüucers or handlers. (c) The Secretary shall notify the prescribe rules governing the issuance § 959.66 Granting exemptions, (a) committee of any such regulation issued and the contents of such Certificates of The committee may issue certificates of pursuant to this section and the com­ Privilege. exemption to any producer who applies mittee shall give reasonable notice (ii) The committee shall make month­ for such exemption and furnishes ade­ thereof to handlers. ly reports to the Secretary showing the quate evidence to the committee: (1) § 959.53 Minimum quantities. The number of applications for such certifi­ that by reason of a regulation issued pur­ committee, with the approval of the Sec­ cates, the quantity of potatoes covered suant to § 959.52 he will be prevented retary, may establish, for any or all por­ by such applications, the number of such froiji handling as large a proportion of tions of the production area, minimum applications denied vand certificates his production as the average proportion quantities below which shipments will granted, the quantity of potatoes han­ of production handled by all producers in be free from regulations issued pursuant dled under duly issued certificates, and said applicant’s immediate production to §§ 959.40 to 959.60, inclusive. such other information as may be re­ area; and (2) that the grade, size, or quested by the Secretary. The commit­ quality of the applicant’s potatoes-have § 959.54 Handling for specified pur­ tee may rescind or deny Certificates of been adversely affected by acts beyond poses. (a) The Secretary upon the Privilege to any handler if evidence is the applicant’s control and by acts be­ basis of recommendations of the com- obtained that potatoes handled by him yond reasonable expectation. Each Wednesday, Septem ber 21, 1955 FEDERAL REGISTER 7073 certificate shall permit the producer to tached to this subpart, and shall con­ § 959.73 Effect of termination or handle the amount of potatoes specified tinue in force until terminated in one of amendment. Unless otherwise expressly thereon. Such certificates shall be the ways specified in this subpart. provided by the Secretary, the termina­ transferred with such potatoes at time of (b) All rules and regulations issued by tion of this subpart or of any regulation shipment. the Secretary pursuant to this part issued pursuant to this subpart, or the (b) The committee may issue certifi­ (Order No. 59, as amended), which are issuance of any amendments to either cates of exemption to any handler who in effect immediately prior to the date of thereof, shall not: (a) Affect or waive applies for such exemption and fur­ this amendment shall continue in effect any right, duty, obligation, or liability nishes adequate evidence to the com­ under this subpart as originally issued, which shall have arisen or which may mittee: (1) That by reason of a or subsequently modified, until such thereafter arise in connection with any regulation issued pursuant to § 959.52 he rules and regulations are changed, modi­ provision of this subpart or any regula­ will be prevented from handling as large fied, or suspended in accordance with tion issued under this subpart; (b) re­ a proportion of his storage holdings of this subpart. lease or extinguish any violation of this subpart or of any regulation issued ungraded potatoes, acquired during or § 959.71 Termination, (a) The Sec­ immediately following the digging sea­ under this subpart; or (c) affect or im­ retary may at any time terminate the pair any rights or remedies of the Secre­ son, as the average proportion of un­ provisions of this subpart by giving at graded storage holdings handled by all tary or of any other person with respect least one day’s notice by means of a to any such violation. handlers in said applicant’s immediate press release or in any other manner shipping area; and (2) that the grade, which he may determine. MISCELLANEOUS PROVISIONS size, or quality of the applicant’s pota­ (b) The Secretary may terminate or toes have been adversely affected by acts § 959.80 Reports. Upon the request suspend the operation of any or all of of the committee, with approval of the beyond the applicant’s control and by the provisions of this subpart whenever acts beyond reasonable expectation. Secretary, every handler shall furnish he finds that such provisions do not tend to the- committee, in such manner and Each certificate shall permit the han­ to effectuate the declared policy of the dler to handle the amount of potatoes at such time as may be prescribed, such act. information as will enable the commit­ specified thereon. Such certificate shall (c) The Secretary shall terminate the be transferred with such potatoes at tee to exercise its powers and perform provisions of this subpart at the end of its duties pursuant to this subpart. The time of shipment. any fiscal period whenever he finds that Secretary shall have the right to modify, (c) The committee shall be permitted such termination is favored by a majority at any time to make a thorough investi­ change, or rescind any requests for re­ of producers who, during the preceding ports pursuant to this section. gation of any producer’s or handler’s fiscal period, have been engaged in the claim pertaining to exemptions. production for market of potatoes: Pro- § 959.81 Compliance. Except as pro­ § 959.67 Appeal. If any applicant for vided, That such majority has, during vided in this subpart, no handler shall exemption certificates is dissatisfied with such period, produced for market more handle potatoes, the handling of which the determination by the committee with than fifty percent of the volume of such has been prohibited by the Secretary in respect to his application, said applicant potatoes produced for market; but such accordance with provisions of this sub­ may file an appeal with the committee. termination shall be effective only if an­ part, and no handler shall handle pota­ Such an appeal must be taken promptly nounced on or before June 3d of the then toes except in conformity to the after the determination by the commit­ current fiscal period. provisions of this subpart. tee from which the appeal is taken. (d) The provisions of this subpart § 959.82 Right of the Secretary. The Any applicant filing an appeal'shall fur­ shall in any event terminate whenever members of the committee (including nish evidence satisfactory to the com­ the provisions of the act authorizing successors and alternates), and any mittee for a determination on the appeal. them cease to be in effect. agent or employee appointed or employed The committee shall thereupon recon­ § 959.72 Proceedings after termina­ by the committee, shall be subject to sider the application, examine all avail­ tion. (a) Upon the termination of the removal or suspension by the Secretary able evidence, and make a final determi­ provisions of this subpart, the then func­ at any time. Each and every order, nation concerning the application. The tioning members of the committee shall regulation, decision, determination or committee shall notify the appellant of continue as trustees, for the purpose of other act of the committee shall be sub­ the final determination and shall fur­ liquidating the affairs of the committee, ject to the continuing right of the Sec­ nish the Secretary with a copy of the of all the funds and property then in the retary to disapprove of the same at any appeal and a statement of considerations possession of or under control of the time. Upon such disapproval, the dis­ involved in making the final determi­ committee, including claims for any approved action of the said committee nation. funds unpaid or property not delivered shall be deemed null and void, except as § 959.68 Review, records, and reports at the time of such termination. Action to acts done in reliance thereon or in of exemptions, (a) The Secretary shall by said trusteeship shall require the compliance therewith prior to such dis­ have the right to modify, change, alter, concurrence of a majority of the said approval by the Secretary. or rescind any procedure and any ex­ trustees. § 959.83 Duration of immunities. emptions granted pursuant to §§ 959.65, (b) The said trustees shall continue The benefits, privileges, and immunities 959.66, 959.67, or any combination in such capacity until discharged by the conferred upon any persons by virtue of thereof. Secretary; shaH, from time to time, ac­ this subpart shall cease upon the termi­ (b) The committee shall maintain a count for all receipts and disbursements nation of this subpart, except with re­ record of all applications submitted for and deliver all property on hand, to­ spect to acts done under and during the exemption certificates, a record of all gether with all books and records of the existence of this subpart. exemption certificates issued and denied committee and of the trustees, to such * person as the Secretary may direct; and § 959.84 Agents. The Secretary may, and the quantity of potatoes covered by by designation in writing, name any per­ such exemption certificates, a record of shall, upon request of the Secretary, son, including any officer or employee of the amount of potatoes handled under execute such assignments or other in­ exemption certificates, a record of ap­ the Government, or name any agency in struments necessary or appropriate to the United States Department of Agri­ peals for reconsideration of applications, vest in such person full title and right and such information as may be re­ culture, to act as his agent or representa­ to all of the funds, property, and claims tive in connection with any of the pro­ quested by the Secretary. Periodic re­ vested in the committee or the trustees ports on such records shall be compiled visions of this subpart. pursuant to this subpart. and issued by the committee upon re­ § 959.85 Derogation. Nothing con-, quest of the Secretary, (c) Any person to whom funds, prop­ erty, or claims have been transferred tained in this subpart is, or shall be EFFECTIVE TIME AND TERMINATION or delivered by the committee or its construed to be, in derogation or in § 959.70 Effective time, (a) The pro­ members, pursuant to this section, shall modification of the rights of the Secre­ visions of this subpart shall become be subject to the same obligations im­ tary or of the United States to exercise effective at such time as the Secretary posed upon the members of the commit­ any powers granted by the act or other­ may declare above his signature at- tee and upon the said trustees. wise, or, in accordance with such powers, No. 184------2 7074 RULES AND REGULATIONS

to act in the premises whenever such given concerning the permanent incor­ Chapter II——Civil Aeronautics Admin­ action is deemed advisable. poration of such a provision. istration, Department of Commerce This regulation will not allow evasion § 959.86 Personal liability. No mem­ [Amdt. 133] ber or alternate of the committee, nor of the stricter limitations applicable to any employee or agent thereof, shall be smaller crew combinations, but will al­ P art 608—R estricted A rea held personally responsible, either indi­ low assignment of a pilot in any given vidually or jointly with others, in any month to anotheratype of crew combina­ alterations tion without addftional flight time limi­ Way whatsoever to any handler or any The restricted area alterations ap­ person for errors in judgment, mistakes, tation if he flies not more than 20 hours in the type of crew to which the more re­ pearing hereinafter have been coordi­ or other acts, either of commission or nated with the civil operators involved, omission, as such member, alternate, or strictive flight time limitations apply and if such assignment is not interrupted the Army, the Nayy and the Air Force, employee, except for acts of dishonesty. more than once during such month. through the Air Coordinating Commit­ § 959.87 Separability. If any provi­ Interested persons have been afforded tee, Airspace Panel, and are adopted to sion of this subpart is declared invalid, an opportunity to participate in the become effective when indicated in order or the applicability thereof to any per­ making of this regulation, and due con­ to promote safety of the flying public. son, circumstance, or thing is held sideration has been given to all relevant Since a military function of the United invalid, the validity of the remainder of matter presented. Since this regulation States is involved, compliance with the this subpart, or the applicability thereof imposes no additional burden on any notice, procedure, and effective date, to any other person, circumstance, or person, it may be made effective without provisions of section 4 of the Administra­ thing, shall not be affected thereby. - . tive Procedure Act is not required. prior notice. Part 608 is amended as follows: § 959.88 Amendments. Amendments In consideration of the foregoing the to this subpart may be proposed from Civil Aeronautics Board hereby makes 1. In § 608.30, the Lake Margrethe, time to time, by the committee or by and promulgates the following Special Michigan, area (R-362 formerly D-362), the Secretary. Civil Air Regulation, effective September published on May 3, 1952, in 17 F. R. 19, 1955: 4104, is further amended by changing Issued at Washington, D. C., this 16th the “Controlling Agency” column to day of September 1955, to be effective on 1. Contrary provisions of § 41.57 of the Civil Air Regulations notwithstanding, the fol­ read: “Adjutant General, State of Mich­ and after 12:01 a. m., p. s. t., September lowing rules shall apply to the monthly and igan.” 21, 1955. ’ | , quarterly flight time limitations of pilots 2. In § 608.30, the Camp Grayling, - [seal] Earl L. Btorz, assigned in combinations of two-pilot crews, Michigan, area (R^373 formerly D-373), Assistant Secretary. two-pilot and additional flight crew member published on May 3, 1952, in 17 F. R. crews, or three-pilot and additional flight 4104, is further amended by changing [F. R. Doc. 55-7647; Filed, Sept. 20, 1955; crew member crews; 8:51 a. m.] 2. A pilot who is assigned to duty aloft for the “Controlling Agency” column to more than 20 hours in two-pilot crews in a read: “Adjutant General, State of Mich­ given month, or whose assignment in such igan.” TITLE 14— CIVIL AVIATION crews is interrupted more than .once in the 2. In § 608.31, the Upper Red Lake month by assignment to a creW consisting Minnesota, area (R-406 formerly D- Chapter I— Civil Aeronautics JBoard of two or more pilots and an additional flight 406), amended on May 3, 1952, in 17 crew member, shall be governed by the pro­ F. R. 4104, is further amended by chang­ [Reg. SR-386C] visions of § 41.54. ing the “Controlling Agency” column 3. Except for a pilot coming within the P art Certification and O peration 41— provisions of paragraph 2, a pilot who is to read: “Adjutant General, State of R ules for S cheduled A ir Carrier assigned to duty aloft for more than 20 hours Minnesota.” O perations O utside the Continental in two-pilot and additional flight crew mem­ 4. In § 608.31, the Camp Ripley, Min­ Lim its of the U nited S tates ber crews in a given month, or whose assign­ nesota, area (R-191 formerly D-191), ment in such crews is interrupted more than amended on May 3, 1952, in 17 F. R. special civil air regulation: flight time once in the month by assignment to a crew 4104, is further amended by changing limitations for pilots not regularly consisting of three pilots and an additional the “Controlling Agency” column to ASSIGNED TO ONE TYPE OF CREW flight crew member, shall be governed by the provisions of § 41.55. read: “Adjutant General, State of Min­ Adopted by the Civil Aeronautics 4. A pilot to whom the provisions of para­ nesota.” Board at its office in Washington, D. C., graphs 2 and 3 are not applicable, assigned 5. In § 608.49, the Scenic, South Da­ on the 16th day of September 1955. . to duty aloft for a total of 20 hours or less kota, area (R-190 formerly D-190), Special Civil Air Regulation SR-386B within a given month in two-pilot crews amended on Noyember 24, 1953, in 18 which terminates September 19, 1955, with or without additional flight crew mem­ F. R. 7492, is further amended by chang­ provides authority whereby a pilot may bers, shall be governed by the provisions of ing the “Time of Designation” column to § 41.56. read: “Continuous”. serve in more than one type of flight 5. A pilot assigned to each of two-pilot, crew without incurring any penalty in two-pilot and additional flight crew mem: Note: The Department of Air Force stated terms of maximum permissive flight ber, and three-pilot and additional flight that the area will be used day and night only duty. This authority has heretofore crew member crews in a given month, who during VFR weather conditions. been provided for an experimental period is not governed by the provisions of para­ 6. In § 608.57, the Haven, Wisconsin, with a view to the establishment of per­ graphs 2, 3, or 4, shall be governed by the provisions of § 41.55. area (R-84 formerly D-84), amended on manent rules for such crew assignments. November 22, 1952, in 17 F. R. 10643, is The Civil Aeronautics Administration This regulation supersedes Special further amended by changing the “Con­ has advised the Board that the regula­ Civil Air Regulation No. SR-386B and trolling Agency” column to read: “Com­ tion is a desirable one and not subject to shall terminate September 30, 1956, un­ manding Officer, Camp Haven, Wiscon­ abuse, and that it recommends that the less sooner superseded or rescinded by authority granted by SR 386B be con­ the Board. sin.” 7. In § 608.57, the Camp McCoy, Wis­ tinued. Since a proposed major revision (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In­ of Part 41 of the Civil Air Regulations is terpret or apply secs. 601, 602, 604, 52 Stat. consin, area (R-200 formerly D-200), being prepared for publication, the 1007, as amended, 1008, 1010; 49 TJ. S. O. amended on January 26,1951, in 16 F. R. Board considers that it is advisable to 551, 552, 554) 713, is further amended by changing the extend the authority granted by SR- By the Civil Aeronautics Board. “Controlling Agency” column to read: 386B for another year rather than to “Commanding General, Camp McCoy, incorporate this authority in currently [ seal] M. C. M ulligan, Wisconsin.” effective Part 41. During the develop­ Secretary. (Sec. 205, 52 Stat. 984, as amended; 49 U. S. O. ment of the revision of Part 41 further [F. R. Doc. 55-7648; Filed, Sept. 20, 1955; 425.' Interpret or apply Sec. 601, 52 Stat. consideration and discussion will be 8:51 a. m.J 1007, as amended; 49 U. S. C. 551)

/ W ednesday, September 21, 1955 FEDERAL REGISTER 7075

This amendment shall become effec­ Effective date. This order shall be (b) The regulations. (1) Except in tive on September 25, 1955. effective upon publication in the F ed­ cases of extreme emergency, all vessels eral R egister. other than those owned or controlled by [SEAL] ■ F . B. Lee, the United States Government are pro­ Administrator of Civil Aeronautics. < Dated: September 15, 1955. hibited from entering the area without [F. R. Doc. 55-7641; Piled, Sept. 20, 1955; [seal] Geo. P. Larrick, prior permission of the enforcing agency. 8:50 a. m.] Commissioner of Food and Drugs. (2) The regulations in this section shall be enforced by the Commanding [F. R. Doc. 55-7636; Plied, Sept. 20, 1955; Officer of the Holston Ordnance Works, TITLE 21— FOOD AND DRUGS 8:49 a. m.] Kingsport, Tennessee, and such agencies as he may designate. Chapter I— Food and Drug Adminis­ [Regs., Aug. SO, 1955, 800.2121 (Holston tration, Department of Health, TITLE 33— NAVIGATION AND River, Term.)-ENGWO] (Sec. 7, 40 Stat. 266; Education, and Welfare NAVIGABLE WATERS 33 U. S. O. 1) / Part 120—T olerances and E xemptions Chapter II—-Corps of Engineers, [seal! J ohn A. K lein, F rom T olerances for P esticide Department of the Army Major General, U. S. Army, Chemicals in or on R aw Agricultural The Adjutant General. Commodities Part 202—Anchorage R egulations [P. R. Doc. 55-7615; Piled, Sept. 20, 1955; TOLERANCE FOR RESIDUES OF 3 -(3 ,4 - P art 203—Bridge Regulations 8:45 a. m.] DICHLOROPHENYL) 1,1 -DIMETH YLUREA Part 207—Navigation R egulations On June 10, 1955, a petition was filed miscellaneous amendments TITLE 42— PUBLIC HEALTH with the Pood and Drug Administration requesting the establishment of a toler­ 1. Pursuant to the provisions of Sec­ Chapter I— Public Health Service, ance for residues of 3-(3,4-dichloro- tion 1 of the Act of April 22, 1940 (54 Department-of Health, Education, phenyl) 1,1-dimethylurea in or on cer­ Stat. 150; 33 U. S. C. 180), § 202.90 (d) and Welfare tain raw agricultural commodities. establishing a special anchorage area is The Secretary of Agriculture has cer­ hereby revoked, as follows: Subchapter £— Fellowships, Internships, Training tified that this pesticide chemical is use­ § 202.90 San Diego Harbor, Calif. P art 61—F ellowships ful for the purposes for which a tolerance * ♦ * is being established. (d) Area A-4. [Revoked.] P art 63—National I nstitutes of Health After consideration of the data sub­ T raineeships mitted in the petition and other relevant [Regs., Aug.' 30, 1955, 800.212 (S a n , Diego Bay, Calif.)-ENGWO] (Sec. 1, 54 Stat. 150; benefits; condition to payments; material which show that the tolerance conditions of award established in this order will protect the 33 U. S. C. 180) public health, and by virtue of the au­ 2. Pursuant to the provisions of Sec­ Notice of proposed rule making and thority vested in the Secretary of Health, tion 5 of the River and Harbor Act of public rule making proceedings have Education, and Welfare by the Federal August 18, 1894 (28 Stat. 362; 33 U. S. C. been omitted in the issuance of these Food, Drug, and Cosmetic Act (sec. 408 499), § 203.560 (f) governing the opera­ amendments because they relate to (d> (2), 68 Stat. 512; 21 U. S. C. 346a (d) tion of drawbridges across the Missis­ grants or benefits. (2) ) and delegated to the Commissioner sippi River and tributaries where con­ 1. Paragraph (e) of § 61.9 is hereby of Food and Drugs by the Secretary (21 stant attendance of draw tenders is not amended to read as follows: CFR 120.7 (g) ; 20 F. R. 759), the regula­ required is hereby amended'prescribing (e) Condition to payments; regular tions for tolerances and exemptions from regulations for the Missouri Pacific Rail­ fellowships. In addition to any require­ tolerances for pesticide chemicals in or road Company bridge across the Black ments imposed under the authority of on raw agricultural commodities (21 CFR River near Corning, Arkansas, as the Atomic Energy Act of 1946, as Part 120; 20 F. R. 1473) are amended by follows: amended, or under the authority of the adding the following new section: § 203.560 Mississippi River and its Department of Defense and applicable to § 120.106 Tolerance for residues of tributaries and outlets; bridges where any individual receiving a regular fellow­ 3- (3,4-dichlorophenyl) 1,1 -dimethylurea. constant attendance of draw tenders is ship under the regulations in this part, A tolerance of 1.0 part per million for not required. * * * no payments either for stipends, ex­ residues of 3-(3,4-dichlorophenyl) 1,1-" (f) Lower Mississippi River. * * * penses or other benefits shall be made dimethylurea is established in or on the (24) Black River, Ark.; Arkansas to any individual receiving a regular following raw agricultural commodities: Highway Department bridge at Corning fellowship unless such individual has Cottonseed, pineapple, and sugarcane. and Missouri Pacific Railroad Company subscribed to and filed with the Public (Sec. 701, 52 Stat. 1055, as amended; 21 bridge near Corning. The draws need Health Service a statement that he does h. S. C. 371. Interprets or applies sec. 408, not be opened for the passage of vessels, not advocate, and is not a member of 68 Stat. 511; 21 U. S. C. Sup. 346a) and paragraphs (b) to (e), inclusive, of and does not support any organization, this section shall not apply to these- that advocates or teaches, the overthrow Any person who will be adversely af­ of the United States Government bjr fected by the foregoing order may, at bridges. force or violence or by any illegal or un­ any time prior to the thirtieth day from [Regs., Aug. 30, 1955, 823.01 (Black River, constitutional methods, and, except the effective date of this order, file with Ark.) -ENGWOJ (Sec. 5, 28 Stat. 362; 33 when an alien owing allegiance to other tiie Hearing Clerk, Department of U. S. C. 499) than the United States, that he will bear Health, Education, and Welfare, Room 3. Pursuant to the provisions of Sec­ true faith and allegiance to the United 5440, 330 Independence Avenue SW, tion 7 of the River and Harbor Act of States of America and will support and Washington 25, D. C., written objections August 8, 1917 (40 Stat. 266; 33 U. S. C. defend the Constitution and laws of the thereto. Objections shall show wherein 1), § 207.305 is hereby prescribed to United States against all its enemies, for-1 the person filing will be adversely af­ govern the use and navigation of , a re­ eign and domestic. fected by this order, shall specify with stricted area in Holston River at the (Sec. 215, 58 Stat. 690, as amended; 42 TJ. S. C. particularly the provisions of the order Holston Ordnance Works, Kingsport, 216. Interprets or applies secs. 208, 301, deemed objectionable and reasonable Tennessee, as follows: 402, 58 Stat. 685, as amended, 691, as amended, 707, as amended, sec. 3, 62 Stat. 464, grounds for the objections, and may re­ § 207.305 Holston River at Holston 598; 42 U. S. C. 209, 241, 282, 287a, 288a) quest a public hearing upon the objec­ Ordnance Works, Kingsport, Tennessee; tions. Objections may be accompanied restricted area— (a) The area. That 2. Paragraph' (c) of §63.5 is hereby by a memorandum or brief in support portion of Holston River within the amended to read: thereof. All documents shall be filed in boundaries of the Government reserva­ (c) In addition to any requirements quintuplicate. tion. imposed under the authority of the 7076 RULES AND REGULATIONS

Atomic Energy Act of 1946, as amended, Executive Order No. 1229 this proceeding favored the adoption' of or under the authority of the Depart­ CORDOVA BAY the Commission’s proposal ; and ment of Defense and applicable to any It further appearing that the public individual receiving an award under the Beginning at the most western angle of the survey of the Nelson townsite, and run­ interest, convenience and necessity will regulations in this part, no payments ning thence South 44° east with the line be served by the amendments herein shall be made to any individual receiving of the wharf and dock area 920 feet to a ordered, the authority for which is con­ such an award, unless such individual point; thence South 46° west in Orca Bay tained in sections 303 (c), (f), (g) and has subscribed to and filed with the 4140 feet, to point near the west shore of (r) of the Communications Act of 1934, Public Health Service a statement that the bay; thence North 44° west 2,640 feet as amended; he does not advocate, and is not a mem­ to a point of land; thence North 46° east It is ordered, That, effective October ber of and does not support any organi­ 5,280 feet to a point; thence South 44° east 12, 1955, Parts 2 and 3 of the Commis­ zation that advocates or teaches* the 1,720 feet to the boundary of the said town- site; thence with said boundary southwest­ sion’s rules are amended as set forth overthrow of the United States Govern­ erly 1,140 feet to the point of beginning. below. ment by force or violence or by any (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. illegal or unconstitutional methods, and, The area described contains approx­ 154. Interpret or apply sec. 303, 48 Stat. 1082, except when an alien owing allegiance imately 296 acres. ' as amended; 47 U. S. C. 303) to other than the United States, that he 2. The Executive order of January 4, will bear true faith and allegiance to the 1901, withdrawing certain public land in Release^: September 12, 1955. United States of America and will sup­ Alaska for light-housS purposes is hereby F ederal Communications port and defend the- Constitution and revoked so far as it refers to Unalga Com m ission, laws of the. United ¡States against all its Island and the Sea Gull Rocks adjacent. [ seal] M ary J ane M orris, enemies, foreign and domestic. The areas described contain 761.92 Secretary. acres. (Sec. 215, 58 Stat. 690, as amended; 42 U. S. C. 1. Amend Part 2, Frequency Alloca­ 216. Interprets or applies secs. 301, 303, 402, Kiska, Little Kiska, and Unalga 403, 58 Stat. 691, as amended, 707, as Islands, are within the Aleutian Island tions and Radio Treaty Matters: Gen­ amended, sec. 7, 60 Stat. 423, sec. 3, 62 Stat." National Wildlife Refuge. The lands at eral Rules and Regulations, § 2.104, 469, 598, sec. 2, 64 Stat. 444; 42 U. S. C. 241, Cordova Bay are within the Chugach Frequency allocations, paragraph (a) 242a, 282, 283, 287a, 288a, 289c) National Forest, having been reserved (5), in the following respects: for such use by the Proclamation of July a. Add footnote indicator XUS32) in 3. The foregoing amendments shall Column 5 undei; 72-76 Me and insert the become effective on September 15, 1955. 23, 1907, as amended, and shall become subject to the public-land laws relating following text of new footnote US32: Dated: September 8,1955. to national forest lands at 10:00 a. m. US32 In the Territory of Alaska, Govern­ m ent stations in the fixed service [ seal] W . P almer D earing, on the 35th day from the date of this order, may be authorized to use frequen­ Acting Surgeon General. cies in the band 72-76 Me, on the Approved: September 15, 1955. D ouglas M cK ay, condition that harmful interference Secretary of the Interior. will not be caused to the reception M. B. F olsom, of TV channel 4. Secretary. S eptember 14, 1955. b. Add footnote indicator (US33) in [F. R. Doc. 55-7637; Piled, Sept. 20, 1955; [F. R. Doc. 55-7616; Filed, Sept. 20, 1955; Column 5 under 76-88 Me and 88-108 8:49 a. m.] 8:45 a. m.] Me and insert the following text of new footnote US33: TITLE 47— TELECOMMUNI­ US33 In the Territory of Alaska, the fre­ TITLE 43— PUBLIC LANDS: quency bands 76-88 Me and 88-100 INTERIOR CATION Me are aUocated to Government radio services and the non-Govern- Chapter I— Bureau of Land Manage­ Chapter I— Federal Communications ment fixed service. ment, Department of the Interior Commission 2. Amend Part 3, Radio Broadcast Appendix C— Public Land Orders [Rules Arndts. 2-5, 3-56] Services in the following respects: [Public Land Order 1224] [Docket No. 11140; FCC 55-931] a. Amend § 3.203 (b) of Subpart B, Rules Governing FM Broadcast stations, [Misc. 57345, 60446] P art 2— F requency A llocations and to include reference to a paragraph (d> R adio T reaty M atters ; G eneral A laska by revising the text preceding the table R ules and R egulations to read as follows; REVOKING EXECUTIVE ORDER OF DECEMBER P art 3— R adio B roadcast S ervices 9, 1903 AND EXECUTIVE ORDER 1229 OF (b) The following frequencies, except JULY 15, 1910; PARTIALLY REVOKING FREQUENCY ALLOCATIONS IN ALASKA as provided in paragraphs (c) and (d) EXECUTIVE ORDER OF JANUARY 4, 1901 of this section, are designated as Class' A In the matter of amendment of Parts channels and are assigned for use by By virtue of the authority vested in 2 and 3 of the Commission’s rules and Class A stations: the President and pursuant to Executive regulations to revise frequency alloca­ Order No. 10355 of May 26, 1952, it is tions in the Territory of Alaska in the b. Amend §3.203 of Subpart B, Rules ordered as follows: band 72-100 Me, Docket No. 11140. Governing FM Broadcast stations, by 1. The Executive order of December 9, At a session of the Federal Commu­ adding a new paragraph (d) to read as 1903, and Executive Order No. 1229 of nications Commission held at its offices follows : July 15,1910, withdrawing the following- in Washington, D. C., on the 7th day of (d) In the Territory nf Alaska the described public lands in Alaska for September 1955; frequency band 88-100 Me is allocated naval purposes, are hereby revoked: The Commission having under con­ to Government radio services and the sideration its proposal in the above- Executive Order op December 9, 1903 non-Government fixed service only. The entitled matter; and frequencies 88.1 Me through 99.9 Me KISKA a n d LITTLE KISKA ISLANDS It appearing that'in accordance with (Channels 201 through 260 inclusive) All tracts and parcels of land in Alaska the requirements of Section 4 (a) of the will not be assigned in the Territory of situate on the group of islands including Administrative Procedure Act, Notice of Alaska for use by FM Broadcast stations. Kiska Island, Little Kiska Island, and all the Proposed Rule Making in this matter, adjacent islets and rocks, lying between the which made provision for the submission c. Amend § 3.204 (b) of Subpart B, parallels of 51° 30' and 52° 15' north latitude, of written comments by interested Rules Governing FM Broadcast Sta­ and the meridians 176° 45' and 177° 50' east tions, to include reference to a para­ longitude, as shown on the U. S. Coast and parties, was duly published in the F ed­ eral R egister on August 24, 1954 (19 graph (d) by revising the text preceding Geodetic Survey chart No. 9100, edition of the table to read as follows: May 1902. F. R. 5378) and that the period for the filing of comments has now expired; and (b) The following frequencies, e x c e p t The area described contains 73,701.76 It further appearing that the only as provided in paragraphs (c) and (d) acres of land; 1,468,365.44 acres of water« comment received by the Commission in of this section, are designated as Class B Wednesday, September 21, 1955 FEDERAL REGISTER 7077 channels and are assigned for use by e. Amend § 3.603 (b) of Subpart E,DEPARTMENT OF AGRICULTURE Class B stations: Rules Governing Television Broadcast d. Amend § 3,204 of Subpart B, RulesStations, by adding Alaska. As amend­ Agricultural Marketing Service Governing PM Broadcast Stations, by ed, § 3.603 (b) reads as follows: [ 7 CFR Part 29 ] adding a new paragraph (d) to read as Ob) In the Territories of Alaska and follows: T obacco I nspection (d) In the Territory of Alaska the fre­Hawaii the frequency bands 76-82 Me and 82-88 Me are allocated for non- ANNOUNCEMENT OF REFERENDA IN CONNEC­ quency band 88-100 Me is allocated ex­ TION WITH PROPOSED DESIGNATIONS clusively to Government radio services Broadcast use. These frequency bands UNDER TOBACCO INSPECTION ACT OF TO­ and the non-Government fixed service. (Channels 5 and 6) will not be assigned BACCO AUCTION MARKETS OF HENDERSON, The frequencies 88.1 Me through 99.9 Me in the Territories of Alaska or Hawaii KŸ., AND GATE CITY, VA. (Channels 201 through 260 inclusive) for use by TV Broadcast stations. will not be assigned in the Territory of Pursuant to the provisions of The Alaska for use by PM Broadcast sta­ [F. R. Doc. 55-7644; Filed, Sept. 20, 1955; Tobacco Inspection Act (7 U. S. C. 511 tions.! „ BH 8:51 a. m.] et seq.) and in accordance with the ap­ plicable regulations (7 CFR 29.74) is­ I ------sued thereunder by the Secretary, notice is given that referenda of tobacco grow­ ers will be conducted from October 6 PROPOSED RULE MAKING through October 8, 1955, to determine whether, growers favor the designations of the Henderson, Kentucky, and Gate DEPARTMENT OF LABOR Wage and Hour and Public Contracts City, Virginia, tobacco auction markets Divisions, of their intention in advance for free and mandatory inspection of Division of Public Contracts of the hearing. tobacco sold on these markets. Written statements of position or Growers who sold tobacco on the afore­ [ 41 CFR Part 202 1 argument may be filed with the Ad­ said markets during the 1954-55 market­ ministrator at any time prior to the ing season shall be eligible to vote in the Prevailing Min im u m W ages in B attery date of the hearing by persons who can­ I ndustry referendum relevant to the market on not appear personally. An original and which their sales were accomplished. NOTICE OF PUBLIC HEARING three copies of any such statement shall be filed and shall include the reason Ballots for use in said referenda will be This matter is before the Department or reasons for non-appearance. Such mailed to all eligible voters insofar as pursuant to the Act of June 20, 1936 statements as contain factual matter their names and addresses are known. (49 Stat. 2036; 41 U. S. C. sec. 35 et seq.), shall be sworn to and will be offered in Eligible voters who do not receive ballots known as the Walsh-Healey Public Con­ evidence at the hearing. If objection by mail may obtain them from the tracts Act. is made to any such offer, the statement county agent or the office of the county The Battery Industry is defined for will be received in evidence subject to ASC committee at the above points. purposes of this hearing as that industry the objection which will be considered All completed ballots shall be mailed which manufactures or furnishes all to affect the weight rather than the ad­ to the Tobacco Division, Agricultural types of electric batteries including missibility of the statement. Marketing Service, United States De­ lead-acid storage batteries or plates The following information is particu­ partment of Agriculture, 620 South therefor; dry primary batteries,** all other larly invited with respect to the subject Broadway, Lexington, Kentucky, and, in batteries or parts therefor except glass matter of the testimony or statements order to be counted in said referenda, containers and porcelain covers for wet of each witness: (1) The identity of any most be postmarked not later than mid­ primary batteries. product not now included in the defini­ night, October 8, 1955. Now, therefore, notice is hereby given tion of the industry which should be. in­ Done at Washington, D. C., this 15th that a public hearing will be held on the cluded and of any products now included day of September 1955. 18th day of October 1955, beginning at which should not be included; (2) the 10:00 a. m. in Room 2203, United States [seal] R oy W . L ennartscn, number of workers covered in the pres­ Deputy Administrator. Department of Labor Building, Four­ entation; (3) the number and location teenth and Constitution Avenue NW., of establishments in the industry; (4) [F. R. Doc. 55-7632; Filed, Sept. 20, 1955; Washington, D. C., before the Secretary the minimum rates paid and the num­ 8:48 a. m.] of Labor or a duly assigned Hearing ber of workers receiving such rates and Examiner, at which hearing all inter­ the occupations in'which they are em­ ested parties may_ appear and submit ployed; (5) the minimum wages paid to data, views and arguments (1) as to the apprentices, learners or beginners; the [ 7 CFR Part 51 ] propriety of the proposed definition of scale of wages paid during the appren­ the industry; (2) as to what are the pre­ ticeship, learning or probationary pe­ G rapefruit (T exas and S tates O ther vailing wages in the industry; (3) as to riod; the length of such periods; the T han F lorida, California and Arizona) 1 whether a single determination is appro­ number of workers receiving such wages U. S. STANDARDS priate for all the products of the industry; and the occupations in which they are (4) as to whether a single determination Notice is hereby given that the United employed; and (6) the extent to which States Department of Agriculture is con­ for all the area in which the industry there is competition in this industry be­ operates or separate determinations for sidering the revision of United States tween plants in different geographical Standards for Grapefruit (Texas and smaller geographic areas (including the' areas. appropriate limits of such areas) should States other than Florida, California To the extent possible, data should be and Arizona) (7 CFR Part 51; 19 F. R. be determined for this industry; (5) as submitted in such manner as to permit to whether there should be included in 4435) pursuant to the authority con­ evaluation thereof on a plant by plant tained in the Agricultural Marketing Act any determination for this industry pro­ basis. vision for the employment of learners, of 1946 (60 Stat. 1087 et seq., 7 U. S. C. This hearing shall be conducted pur­ 1621 et seq.). beginners or apprentices at subminimum suant to the rules of practice set forth rates and on what terms or limitations, if in Part 203, Subpart C (41 CFR Part All persons who desire to submit writ­ any* such employment should be per­ 203). ten data, views or arguments for con­ mitted. Employment and wage data sideration in connection with the pro­ nave been prepared in the Department- Signed at Washington, D. C., this 16th posed standards should file the same of Labor for consideration at the hearing day of September 1955. v. and will be made.available to interested A rthur Larson, »Packing of the product in conformity Parties upon request. Acting Secretary of Labor. with the requirements of these standards shall not excuse failure to comply with the Persons intending to appear are re­ [P; R. Doc. 55-7643; Filed, Sept. 20, 1955; provisions of the Federal Food, Drug, and. quested to notify the Administrator, 8:50 a. m.l CoSïnetic Act. 7078 PROPOSED RULE MAKING with the Chief, Fresh Products Stand­ ored, firm, fairly well formed, mature, serious damage caused by bruises, ardization and Inspection Branch, Fruit and of fairly smooth texture; free from growth cracks, ammoniation, bird pecks, and Vegetable Division, Agricultural bruises, cuts which are not healed, decay, caked melanose, buckskin, dryness or Marketing Service, United States De­ growth cracks, sprayburn, and free from mushy condition, pitting, scab, scale, partment of Agriculture, South Building, damage caused by ammoniation, bird sprayburn, sprouting, sunburn, thorn Washington 25, D. C., not later than 15 pecks, buckskin, dirt or other foreign punctures, disease, insects, or mechani­ days after publication hereof in the F ed­ materials, dryness or mushy condition, cal or other means. eral R egister. green spots or oil spots, pitting, scab, (a) The fruit may be poorly colored The proposed standards are as follows: scale, scars, sprouting, sunburn, thorn but not more than 25 percent of the sur­ GRADES scratches, disease, insects, or mechanical face of each fruit may be of a solid dark Sec. or other means. green color. (See §§ 51.636 and 51.637.) (a) In this grade not more than one- 51.620 U. S. Fancy. UNCLASSIFIED 51.621 U. S. No. 1. half of the surface, in the aggregate, may 51.622 U. S. No. 1 Bright. be affected with discoloration. (See § 5i.628 Unclassified. “Unclassified” 51.623 U. S. No. 1 Bronze. §§ 51.631 and 51.637.) Consists of grapefruit which has not been 51.624 U. S. Combination. classified in accordance with any of the 51.625 U. S. No. 2. § 51.622 U. S. No. 1 Bright. The re­ 51.626 U. S. No. 2 Russet. quirements for this grade are the same foregoing grades. The term “unclassi­ 51.627 Ü. S. No. 3. as for U. S. No. 1 except that no fruit fied” is not a grade within the meaning of these standards, but is provided as a UN CLASSIFIED may have more than one-tenth of its surface, in the aggregate, affected with designation to show that no definite 51.628 Unclassified. discoloration. (See §§ 51.631 and 51.637.) grade has been applied to the lot. TOLERANCES § 51.623 U. S. No. 1 Bronze. The re­ TOLERANCES 51.629 Tolerances. quirements for this grade are the same 51.630 U. S. Fancy Grade. § 51.629 Tolerances. In order to allow 51.631 U. S. No. 1 and U. S. No. 1 Bright as for U. S. No. 1 except that more than for variations incident to proper grading Grades. 10 percent but not more than 75 percent, and handling in each of the foregoing 51.632 U. S. No. 1 Bronze-Grade. by count, of the fruits shall have in ex­ grades, the tolerances set forth in 51.633 U. S. Combination Grade. cess of one-half of their surface, in the §§ 51.630 to 51.636 are provided as speci­ 51.634 U. S. No. 2 Grade. aggregate, affected with discoloration: fied. 51.635 U. S. No. 2 Russet Grade. Provided. That when the predominating 51.636 U. S. No. 3 Grade. discoloration on each of 75 percent or § 51.630 U.S. Fancy Grade. Not more than 10 percent, by count* of the fruits application of tolerances more, by count, of the fruits is caused by rust mite, all fruits may have in ex­ in any lot may be below the require­ 51.637 Application of tolerances. cess of one-half of their surface affected ments of this grade, but not more than STANDARD PACK with discoloration. (See §§ 51.632 and one-half bf this amount, or 5 percent, 51.637. ) ' shall be allowed for very serious dam­ 51.638 Standard pack. age, and not more than one-twentieth of DEFINITIONS § 51.624 U. S. Combination Grade. the tolerance, or one-half of one per­ 51.639 Similar varietal characteristics. Any lot of grapefruit may be designated cent, shall be allowed for decay at ship­ 51.640 Well colored. *‘U. S. Combination” when not less than ping point: Provided, That an additional 51.641 Firm. 40 percent, by count, of the fruits in each tolerance of 2x/% percent, or a total of not 51.642 Well formed. container meet the requirements of U. S. more than 3 percent, shall be allowed for 51.643 Smooth texture. No. 1 grade and the remainder U. S. No. 2 decay en route or at destination. None 51.644 Injufy. grade. (See §§ 51.633 and 51.637.) 51.645 Discoloration. of the foregoing tolerances shall apply 51.646 Fairly well colored. § 51.625 U. S. No. 2. “U. S. No. 2” to wormy fruit. 51.647 Fairly well formed. consists of grapefruit of similar varietal § 51.63*1 U. S. No. 1 and U. S. No. 1 51.648 Fairly smooth texture. characteristics which are mature, fairly Bright Grades. Not more than 10 per­ 51.649 Damage. firm, not more than slightly misshapen 51.650 Fairly firm. cent, by count, of the fruits in any lot 51.651 Slightly misshapen. or slightly rough, and which are free may be below the requirements of the 51.652 Slightly rough texture. from bruises, cuts which are not healed, grade other than for discoloration but 51.653. Serious damage. decay, growth cracks, and are free from not more than one-half of this amount, 51.654 Slightly colored*1 serious damage caused by ammoniation, or 5 percent, shall be allowed for very 51.655 Misshapen. bird pecks, buckskin, dirt or other for­ serious damage, and not more than one- 51.656 Slightly spongy. eign materials, dryness or mushy condi­ twentieth of the tolerance, or one-half 51.657 Very serious damage. tion, green spots or oil spots, pitting, 51.658 Diameter. of one percent, shall be allowed for de­ scab, scale,-Scars, sprayburn, sprouting, cay at shipping point: Provided, That Authority: §§51.620 to 51.658 issued sunburn, thorn scratches, disease, in­ an additional tolerance of 2Vz percent, under sec. 205, 60 Stat. 1090, 7 U. S. C. 1624. sects, or mechanical or other means. or a total of not more than 3 percent, GRADES (a) Each grapefruit may be only shall be allowed for decay en route or slightly colored. at destination. In addition, not more § 51.620 U. S. Fancy. “U. S. Fancy” (b) In this grade not .more than two- than 10 percent, by count, of the fruits consists of grapefruit of similar varietal thirds of the surface, in the aggregate, in any lot may fail to meet the require­ characteristics which are well colored, may be affected with discoloration. ments relating to discoloration. None firm, well formed, mature, and of smooth (See §§ 51.634 and 51.637.) of the foregoing tolerances shall apply to texture, free from ammoniation, bird pecks, bruises, buckskin, cuts which are § 51.626 U. S. No. 2 Russet. The re­ wormy fruit. not healed, decay, growth cracks, scab, quirements for this grade are the same § 51.632 U. S. No. 1 Bronze Grade. sprayburn, and free from injury caused as for U. S. No. 2 except that more than Not more than 10 percent, by count, of by green spots or oil spots, pitting, scale, 10 percent, by count, of the fruits shall the fruits in any lot may be below the scars, thorn scratches, and free from have in excess of two-thirds of their sur­ requirements of this grade, but not more damage caused by dirt or other foreign face, in the aggregate, affected with than one-half of this amount, or 5 per­ materials, dryness or mushy condition, discoloration. (See § § 51.635 and cent, shall be allowed for very serious sprouting, sunburn, disease, insects, or 51.637. ) damage, and not more than one- mechanical or other means. twentieth of the tolerance, or one-half (a) In this grade not more than one- § 51.627 U. S. No. 3. “U. S. No. 3” of one percent, shall be allowed for de­ consists of grapefruit of similar varietal cay at shipping point: Provided, That an tenth of the surface, in the aggregate, characteristics which are mature, which may be affected with discoloration. (See may be misshapen, slightly spongy, additional tolerance of 2% percent, or §§ 51.630 and 51.637.) rough but not seriously lumpy for the a total of not more than 3 percent, shall § 51.621 U. S. No. 1. “U. S. No. 1” variety or seriously cracked, which are be allowed for decay en route or at consists of grapefruit of similar varietal free from cuts which are not healed, and destination. No part of any tolerance characteristics which are fairly well col­ free from decay, and free from very shall be allowed to reduce or to increase / Wednesday, September 21, 1955 FEDERAL REGISTER 7079 the percentage of fruits having in excess two-thirds of their surface, in the ag­ is outside the range of diameters given of one-half of their surface, in the ag­ gregate, affected with discoloration in the applicable one of the following gregate, affected with discoloration which is required in this grade, but in­ tables 1 and 2 for the various pack sizes which is required in the grade, but indi­ dividual containers may have not more and size of boxes: vidual containers may vary not more than 10 percent less than the percentage than 10 percent from the percentage re­ required:' Provided, That the entire lot . T able I—1% B ushel Box quired: Provided, That the entire lot averages within the percentage specified. [Diameter in inches] averages within the percentage specified. None of the foregoing tolerances shall None of the foregoing tolerances shall apply to wormy fruit. Pack size Minimum Maximum apply to wormy fruit. § 51.636 U. S. No. 3 Grade. Not more 54’s or 56’s______4% 6 41% 6 § 51.633 U. S. Combination Grade. than 15 percent, by count, of the fruits 64’s ...... 4^i 6 Not more than 10 percent, by count, of in any lot may be below the require­ 70’s or 72’s...... 3»Ms 4M 6 the fruits in any lot may be below the ments of this grade but not more than 80’s-...... 3'Ma 4%6 96’s...... 3% e 3'Me requirements of this grade other than one-third of this amount, or 5 percent, 112’s or 113’s______•_____ 3% 8 3'Me for discoloration but not more than one- shall be allowed for defects other than 125’s or 126’s...... 3 3% 8 half of this amount, or 5 percent, shall dryness or mushy condition, and not be allowed for very serious damage other more than one-fifth of this amount, or T able 11—1% bushel box than that caused by dryness or mushy 1 percent, shall be allowed for decay at condition, and not more than one- shipping point: Provided, That an ad­ [Diameter in inches] twentieth of the tolerance, or. one-half ditional tolerance of 2 percent, or a total of one percent, shall be allowed for de­ of not more than 3 percent, shall be Pack size Minimum Maximum cay at shipping point: Provided, That allowed for decay en route or at destina­ an additional tolerance of 2 ^ percent, tion. None of the foregoing tolerances 36’s...... _...... 5 5M« 45’s or 46’s______.... 4'Mb 5Me or a total of not more than 3 percent, shall apply to wormy fruit. 54’s or 56’s______4Mb 4'Me shall be allowed for decay en route or 64’s...... 4M 6 4'Me APPLICATION OF TOLERANCES 70’s or 72’s______3' Mb 4M e at destination. In addition, not more 80’s...... 3'Mb 4M 8 than 10 percent, by count, of the fruits § 51.637 Application of tolerances. 96’s...... 3Mb 4M 6 112’s or 113’s______3Ms 4 in any lot may have more than the (a) The contents of individual packages 125’s or 126’s______:___ 3Me 3'Ma amount of discoloration specified. No in the lot, based on sample inspection, part of any tolerance shall be allowed to are subject to the following limitations: reduce for'the lot as a whole the per­ Provided, That the averages for the en­ (e) “Uniform in size” means that for centage of U. S. No. 1 required-in the tire lot are within the tolerances speci­ 1% bushel or 1% bushel boxes, not more combination, but individual containers fied for the grade: than 10 percent, by count, of the fruits may have not more than a total of 10 (1) For packages which contain more in any container vary more than the percent less than the percentage of U. S. than 10 pounds, and a tolerance of 10 following amounts: No. 1 required or specified: Provided, percent or more is provided,- individual (1) 64 size and smaller—not more That the entire lot averages within the packages in any lot shall have not more than %6 inch in diameter; and percentage specified. None of the fore­ than one and one-half times the tol­ (2) 54 size and larger—not more going tolerances shall apply to wormy erance specified. For packages which than %« inch in diameter. fruit. contain more than 10 pounds and a tol­ (f) In order to allow for variations, erance of less than 10 percent is pro­ other than sizing, incident to proper § 51.634 U. S. No. 2 Grade. Not more vided, individual packages in any lot packing, not more than 5 percent of the than 10 percent, by count, of the fruits shall have not more than double the packages in any lot may fail to meet the in any lot may be below the require­ tolerance specified, except that at least requirements of standard pack. ments of this grade other than for dis­ one decayed or very seriously damaged DEFINITIONS coloration but not more than one-half fruit may be permitted in any package. of this’amount, or 5 percent, shall be (2) For packages which, contain 10 § 51.639 Similar varietal character­ allowed for very serious damage other pounds or less, individual packages in istics. “Similar varietal characteristics” than that caused by dryness or mushy any lot are not restricted as to the per­ means that the fruits in any container condition, and not' more than one- centage of defects: Provided, That not are similar in color and shape. twentieth of the tolerance, or one-half more than one grapefruit which is seri- § 51.640 Well colored. “Well colored” of one percent, shall be allowed for decay ously^damaged by dryness or mushy con­ at shipping point: Provided, That an ad­ means that the fruit is yellow in color dition or very, seriously damaged by with practically no trace of green color. ditional tolerance of 2 percent, or a other means may be permitted in any total of not more than 3 percent, shall be package, and in addition, en route or at § 51.641 Firm. “Firm” means that allowed for decay en route or at destina­ destination, not more than 10 percent the fruit is not soft, or noticeably wilted tion. In addition, not more than 10 per­ of the packages may have more than one or flabby, and the skin is not spongy or cent, by count, of the fruits in any lot decayed fruit. puffy. may fail to meet the requirements re­ STANDARD PACK § 51.642 Well formed. “Well formed” lating to discoloration. None of the means that the fruit has the shape foregoing tolerances shall apply to § 51.638 Standard pack, (a) Fruits characteristic of the variety. wormy fruit. shall be fairly uniform in size, unless specified as uniform in size. When § 51.643 Smooth texture. “Smooth § 51.635 U. S. No. 2 Russet Grade texture” means that the skin is thin and Not more than 10 percent, by count, oi packed in boxes, fruit shall be arranged according to the approved and recog­ smooth for the variety and size of the the fruits in any lot may be below th( fruit. requirements of this grade but not mor< nized methods. Each wrapped fruit than one-half of this amount, or 5 per­ shall be fairly well wrapped. § 51.644 Injury. “Injury” means any cent, shall be allowed for very serious (b) All packages shall be tightly defect which more than slightly affects damage other than that caused by dry­ packed and well filled but the contents the appearance, or the edible or shipping ness or mushy condition, and not mo^f shall not show excessive or unnecessary quality of the fruit. Any one of the than one-twentieth of the tolerance, oi bruising because of overfilled packages. following defects, or any combination of one-half of one percent, shall be allowec (c) When packed in 1% bushel or 1% defects the seriousness of which exceeds or decay at shipping point: Provided bushel nailed boxes, each container shall the maximum allowed for any one defect, show a minimum bulge of 2 inches, ex­ That an additional tolerance of 2 % per­ cept that boxes packed with grapefruit shall be considered as injury: cent, or a total of not more than 3 per­ of a pack size 80 or smaller need «only (a) Green spots or oil spots when cent, shall be allowed for decay en routs show a bulge of 1% inches. appreciably affecting the appearance of or at destination. No part of .any tol­ (d) “Fairly uniform in size” means the individual fruit; erance, shall be allowed to reduce th< that not more than a total of 10 percent, (b) Scale when more than a few ad­ Percentage of fruits having in excess oi by count, of the fruits in any container jacent to the “button” at stem end, or 7080 PROPOSED RULE MAKING

when more than 6 scattered on the other (f) Scarring which exceeds the fol­ (c) Dryness or mushy condition when portions of the fruit; lowing aggregate areas of different types affecting all segments more than one- (c) Scars which are depressed, not of scars, or a combination of two or more half inch at the stem end, or more than smooth, or which detract from the ap­ types of scars, the seriousness of which the equivalent of this amount, by volume, pearance of the fruit to a greater extent exceeds the maximum allowed for any when occurring in other portions of the than the maximum amount of discolora­ one type: fruit; tion allowed in the grade; and, (1) Scars when the appearance of the (d) Green spots or oil spots when the (d) Thorn scratches when the injury fruit is affected to a greater extent than aggregate area exceeds the area of a is not slight, not well healed, or more that of a grapefruit 4 Vi inches in diam­ circle 1 Yz inches in diameter on a grape­ unsightly than discoloration allowed in eter which has a very deep or very rough fruit 4 Yi inches in diameter. Smaller the grade. scar aggregating the area of a circle one- sizes shall have lesser areas of green § 51.645 Discoloration. “Discolora­ half inch in diameter; spots or oil spots, and larger sizes may tion” means russeting of a light shade (2) Scars when the appearance of the have greater areas; Provided, That the of golden brown caused by rust mite or fruit is affected to a greater extent than appearance of the grapefruit is not other means. Lighter shades of dis­ that of a grapefruit 4 Vi inches in diam­ affected to a greater extent than the eter which has a deep or . rough scar area permitted on a grapefruit 4% coloration caused by smooth or fairly5 aggregating 1 inch in diameter; inches in diameter; smooth, superficial scars or other means (3) Scars which are slightly rough or (e) Scab when it cannot be classed as may be allowed on a greater area, or of slight depth and aggregate more than darker shades may be allowed, on a discoloration, or when materially affect­ 10 percent of the fruit surface; andr ing shape or texture ; lesser area, provided no discoloration '(4) Scars which are smooth or fairly caused by melanose or other means may (f) Scale when the appearance of the smooth with no depth and affect the ap­ fruit is affected to a greater extent than affect the appearance of the fruit to a pearance of the grapefruit to a greater greater extent than the shade and that of a grapefruit 4 V4 inches in diam­ extent than the amount of discoloration eter which has a blotch the area of a amount of discoloration allowed for the permitted. (Smooth or fairly smooth grade. circle 1 Ys inches in diameter or a ring scars with no depth shall be scored 1% inches in diameter; § 51.646 Fairly well colored. “Fairly against the discoloration tolerance); (g) Scarring which exceeds the fol­ well colored” means that, except for one (g) Sunburn when the area affected lowing aggregate areas of different types inch in the aggregate of green color, the exceeds 25 percent of the fruit surface, of scars, or a combination of two or more yellow color predominates over the green or when the skin is appreciably flattened, types of scars, the seriousness of which color on that part of the fruit which is dry, darkened, or hard; and, exceeds the maximum allowed for any not discolored. (h) Thorn scratches when the injury one type: § 51.647 Fairly well formed. “Fairly is not well healed, or concentrated light (1) Scars when the appearance of the well formed” means that the fruit may colored thorn injury which has caused fruit is affected to a greater extent than not have the shape characteristic of the the skin to become hard and the aggre­ that of a grapefruit 4 Vi inches in diam­ variety but is not elongated or pointed gate area exceeds the area of a circle eter which has a very deep or very or otherwise deformed. one-fourth inch in diameter, or slight rough scar aggregating the area of a scratches when light colored and con­ Circle 1 inch in diameter; § 51.648 Fairly smooth texture. centrated and the aggregate area ex­ (2) Scars which are deep or rough “Fairly smooth texture” means that the ceeds the area of a circle 1 inch in diam­ and aggregate more than 5 percent of skin is not^ materially rough or coarse eter, or dark or scattered thorn injury the fruit surface; and that the skin is not thick for the which detracts from the appearance of (3) Scars which are of slight depth or variety. the fruit to a greater extent than the slightly rough and aggregate more than amounts specified in this section. § 51.649 Damage. “Damage” means 15 percent of the fruit surface; and, any defect which materially affects the- § 51.650 Fairly firm. “Fairly firm” (4) Scars which are smooth or fairly appearance, or the edible or shipping means that the fruit may be slightly soft, smooth with no depth and affect the ap­ quality of the fruit. Any one of the fol­ but not bruised, and the skin is not pearance of the grapefruit to a greater lowing defects, or any combination of spongy or puffy. extent than the amount of discoloration defectsthe seriousness of which exceeds permitted. (Smooth or fairly smooth §51.651 Slightly misshapen. scars with no depth shall be scored the maximum allowed for any one de­ “Slightly misshapen” means that the fect, shall be considered as damage: against the discoloration tolerance); fruit is not of the shape characteristic (h) Spraybum which seriously affects (a) Ammoniation when not occurring of the variety but is not appreciably as light speck type similar to melanose; the appearance of the fruit or is hard, elongated or poihted or otherwiSfe de­ or when more than 1Vi inches in diam­ (b) Dryness or mushy condition when formed. affecting all segments more than one- eter in the aggregate has a light brown fourth inch at the stem end, or more § 51.652 Slightly rough texture. discoloration; than the equivalent of this amount, by “Slightly rough texture” means that the (i) Sunburn which affects more than volume, when occurring in other por­ skin is not smooth or fairly smooth but one-third of the fruit surface, or is hard, tions of the fruit; is not excessively rough or excessively or the fruit is decidedly one-sided, or (c) Green spots or oil spots when the thick, or materially ridged, grooved or when more than 1 Vi inches in diameter aggregate area exceeds the area of a wrinkled. in the aggregate has a light brown dis­ circle 1 inch in diameter on a grapefruit § 51.653 Serious damage. “Serious coloration; and, 4Y4 inches in* diameter. Smaller sizes damage” means any defect which seri­ , (j), Thorn scratches when the injury shall have lesser areas of green spots or ously affects the appearance, or the is not well healed, or concentrated light oil spots- and larger sizes may have edible or shipping quality of the fruit. colored thorn injury which has caused greater areas: Provided, That the ap­ Any one of the following defects, or any the skin to become hard and the aggre­ pearance of the grapefruit is not affected combination of defects the seriousness gate area exceeds the area of a circle to a greater extent than the area per-y of which exceeds the maximum allowed one-half inch in diameter, or slight mitted on a grapefruit 4% inches in for any one defect, shall be considered scratches when light colored and con­ diameter; ; v as serious damage: centrated and the aggregate area ex­ (d) Scab when it cannot be classed as (a) Ammoniation when scars are ceeds the area of a circle 1 Yz inches in discoloration, or appreciably affects diameter, or dark or scattered thorn in­ cracked, or when dark and aggregating jury which detracts from the appearance shape or texture; more than the area of a circle three- (e) Scale when the appearance of the fourths inch in diameter, or when light of the fruit to a greater extent than fruit is affected to a greater extent than colored and aggregating more than the the amounts specified as above. that of a grapefruit 4 Vi inches in diam­ area of a circle lY t inches in diameter: § 51.654 Slightly colored. “Slightly eter which has a blotch the.area of a (b) Buckskin when aggregating more colored” means that except for two circle seven-eighths inch in diameter or than 25 percent of the fruit surface or inches in the aggregate of green color, a ring 1% inches in diameter; - the fruit texture is seriously affected; the portion of the fruit surface which W ednesday, Septem ber 21, 1955 FEDERAL REGISTER 7081 is not discolored shows some yellow et seq.; 7 U. S. C. 1621 et seq.). This fails to meet the requirements of U. S. color. revision, if made effective, will be the Grade C or U. S. Standard. § 51.655 Misshapen. “Misshapen” second issue by the Department of grade FILL OF CONTAINER means that the fruit is decided elon­ standards for this product. All persons who desire to submit writ­ § 52.2743 Recommended fill of con­ gated, pointed or flat sided. ten data,' views or arguments for con­ tainer. The recommended fill of con­ § 51.656 Slightly spongy. “Slightly sideration in connection with the pro­ tainer is not incorporated in the grades spongy” means that the fruit is puffy or posed standards should file the same of the finished product since fill of con­ slightly wilted hut not flabby. with the Chief, Processed Products tainer, as such, is not a factor of quality § 51.657 Very serious damage. “Very Standardization and Inspection Branch, for the purpose of these grades. It is serious damage” means any defect which Fruit and Vegetable Division, Agricul­ recommended that each container be very seriously affects the appearance, or tural Marketing Service, U. S. Depart­ filled as full as practicable with pumpkin the edible or shipping quality of the ment of Agriculture, Washington 25, or squash and that the product occupy fruit. Any one of the following defects, D. C., not later than 90 days after pub­ not less than 90 percent of the volume or any combination of defects the seri­ lication hereof in the F ederal R egister. of the container. ousness of which exceeds the maximum The proposed standards are as follows : FACTORS OF QUALITY allowed for any one defect, shall be con­ PRODUCT DESCRIPTION, AND GRADES § 52.2744 Ascertaining the grade—(a) sidered as very serious damage: Sec.1 General. The grade of canned pumpkin (a) Growth cracks that are seriously 52.2741 Product description. and canned squash is ascertained by weakened, gummy or not healed; ) 52.2742 Grades of canned pumpkin and canned squash. considering the factors of quality which (b) Ammoniation when aggregating are not scored and those which are more than the area of a circle 2 inches FILL OF CONTAINER scored as follows: in diameter, or which has caused serious 52.2143 Recommended fill of container. (1) Factor which is not scored, (i) cracks; Flavor. (c) Bird pecks when not healed; FACTORS OF QUALITY (2) Factors which are scored. The (d) Caked melanose when more than relative importance of each factor which 25 percent in the aggregate of the sur­ 52.3744 Ascertaining the grade. 52.2745 Ascertaining the rating for the is scored is expressed numerically on face of the fruit is caked; * factors which are scored. the scale of 100. The maximum num­ (e) Buckskin when rough and aggre­ 52.2746 Color. ber of points that may be given such gating more than 50 percent Of the sur­ 52.2747 Consistency. factors are: face of the fruit; 52.2748 Finish. 52.2749 Defects. Factors: Points (f) Dryness or mushy condition when Color______20 affecting all segments more than one- • LOT CERTIFICATION TOLERANCES Consistency______30 half inch at the stem end, or more than Finish______20 the equivalent of this amount, by volume, 52.2750 Tolerances for certification of offi- Defects______30 when occurring in other portions or the daily drawn samples. fruit; SCORE SHEET Total score___ a______:______100 (g) Scab when aggregating more than (b) “Normal flavor” means that the 25 percent of the surface of the fruit; 52.2751 Score sheet for canned pumpkin and canned squash. „ product is free from objectionable flavors (h) Scale when covering more than 25 • or objectionable odors of any kind. percent of the surface of the fruit; A u t h o r i t y : §§ 52.2741 to 52.2751 issued (i) Sprayburn when seriously affect­ under sec. 205, 60 Stat. 1090; 7 U. S. C. 1624. § 52.2745 Ascertaining the rating for the factors which are scored. The essen­ ing more than one-third of the finit PRODUCT DESCRIPTION, AND GRADES surface; tial variations within each factor which (j) Sunburn when seriously affecting § 52.2741 Product description. is scored are so described that the value more than one-third of the fruit sur­ “Canned pumpkin” and “canned squash” may be ascertained for each factor and face; and, _ is the canned product prepared from expressed numerically. The numerical (k) Thorn punctures when not healed clean, sound, properly matured, golden range within each factor which is scored or the fruit is seriously weakened. fleshed, firm shelled, sweet varieties of is inclusive. (For example, “25 to 30 either pumpkins or squashes by wash­ points” means 25, 26, 27,.28, 29, or 30 § 51.658 Diameter. “Diameter” ing, stemming, cutting, steaming and re­ points). means the greatest dimension measured ducing to a pulp. The product is prop­ § 52.2746 Color—(a) (A) classifica­ at right angles to a line from stem to erly sieved and finished in accordance blossom end of the fruit. tion. Canned pumpkin or canned squash with good commercial practice and is that possesses a good color may be given Dated: September 15,1955, then sufficiently processed by heat to a score of 18 to 20 points. “Good color” assure preservation of the product in means that the product has a good over­ [seal] R oy W. Lennartson, hermetically, sealed containers. Deputy Administrator, all golden color, is practically uniform, Marketing Services. § 52.2742 Grades of canned pumpkin is bright and typical of canned pumpkin and canned squash, (a) “U. S. Grade or canned squash prepared from well [P.'R. Doc. 55-7627; Filed, Sept. 20, 1955; À” or “U. Fancy” is the quality of matured pumpkin or squash. 0:47 a. m.] canned pumpkin or canned squash that (b) (C) classification. If the canned possesses a good color; that possesses a pumpkin or canned squash possesses a good consistency and good finish; that fairly good color, a score of 14 to 17 is practically free from defects; that points may be given. Canned pumpkin ! 7 CFR Part 52 ] possesses a normal flavor; and scores not or canned squash that falls into this clas­ Canned P u m p k in and Canned S q u a sh 1 less than 85 points when scored in ac­ sification shall not be graded above cordance with the scoring system out­ U. S. Grade C or U. S. Standard, regard­ u. s. standards for grades lined in this subpart’. less of the total score for the product Notice is hereby given that the United (b) “U. S. Grade C” or “U. S. Stand­ (this is a limiting rule). “Fairly good States Department of Agriculture is con­ ard” is the quality of canned pumpkin or color" means that the color of the prod­ sidering the revision of United States canned squash that possesses a fairly uct is fairly uniform, fairly bright, and Standards for Grades of Canned Pump­ good color; that possesses a fairly good typical of fairly well matured pumpkin kin and Canned Squash pursuant to the consistency and fairly good finish; that or squash and may possess a slight tinge authority contained in the Agricultural is fairly free from defects ; that possesses of gray or tan color, may be variable or Marketing Act of 1946 (60 Stat. 1087 a normal flavor; and scores not less than slightly dull but not to the extent that 70 points when scored in accordance the appearance or eating quality is ma­ 1 Compliance with these standards does with the scoring system outlined in this terially affected. ot excuse failure to comply with the pro­ subpart. (c) (SStd.) classification. Canned visions of the Fédéral Food, Drug, and Cos­ (c) “Substandard” is the quality of pumpkin or canned squash that fails to metic Act. canned pumpkin or canned squash that- meet the requirements of paragraph (b) No. 184------3 7082 PROPOSED RULE MAKING

of this section may be given a score of § 52.2749 Defects— (a) G e n e ral. average of the total scores of the con­ 0 to 13 points and shall not be graded The factor of defects refers to the degree tainers comprising the sample. above Substandard, regardless of the of freedom from sand, grit, or silt, pieces total score for the product (this is a of seed, fiber, and from dark or off- SCORE SHEET- limiting rule). colored particles. § 52.2751 Score sheet for canned § 52.2747 Consistency—(a) (A) clas­ (1) “Grit, sand, or silt” means any pumpkin and canned squash. particle of earthy material. sification. Canned pumpkin or canned Size and kind of container_____ squash that possesses a good consistency (b) (A) classification. Canned Container mark or identification. pumpkin or canned squash that is prac­ Label...... ,______may be given a score of 25 to 30 points. Net weight (in ounces).....___ “Good consistency” means that the tically free from defects may be given a Vacuum (in inches).______... canned puippkin or canned squash, after score of 25 to 30 points. “Practically emptying from the container to a dry- free from defects” means that no grit, Factors Scorepoints Average flat surface, retains the approximate sand, or'sHt may be present that affects score shape of the container, or holds a high the appearance or eating quality of the mound formation, and at the end of two canned pumpkin or panned squash, and i(A) 18-20 minutes after emptying on such surface that the number, size, or color of the Color______20 -KO) i 14-17 l(SStd.) JO-13 that the highest point of the mound is aforesaid defects present individually ((A) 25-30 not less than 60 percent of the height of or collectively do not more than slightly Consistency___ 30 ](C) « 21-24 affect the appearance or eating quality l(SStd.) 10-20 the container and not more than 10 t(A) 17-20 cubic centimeters of free liquor separates of the product. Finish..______20 f(C) 14-16 (c) (C) classification Canned pump­ l(SStd.) JO-13 for each 30 ounces of net contents. 1(A) 25-30 (b) (C) classification. If the canned kin or canned squash that is fairly free Defects..._____ 30 1(C) » 21-24 pumpkin or canned squash possesses a from defects may be given a score of l(SStd.) •0-20 fairly good consistency, a score of 21 to 21 to 24 points. Canned pumpkin or Total score. 100 24 points may be given. Canned pump­ canned squash that falls into this classi­ kin or canned squash that falls into this fication shall not be graded above U. S. G rade....__ ... classification shall not be graded above Grade C or U. S. Standard, regardless of the total score for the product (this XJ. S. Grade C or U. S. Standard, regard­ 1 Indicates limiting rule. less of the total score for the product a limiting rule). “Fairly free from (this is a limiting rule). “Fairly good defects” means a trace of grit, sand, or Dated : September 15, 1955. silt may be present that does not materi­ consistency” means that the canned [seal] R oy W . Lennartson, pumpkin or canned squash, after empty­ ally affect the appearance or eating quality of the canned pumpkin or canned Deputy Administrator, ing from the container to a dry-flat sur­ Marketing Services. face, may flow just enough to level off squash, and that any of the other afore­ to a nearly uniform depth or may be said defects present individually or col­ [F. R. Doc. 55-7628; Filed, Sept. 20, 1955; moderately mounded and at the end of lectively may be noticeable but are not 8:47 a. m.J two minutes after emptying on such sur­ so large, so numerous, or of such con­ face, that not more than 30 cubic centi­ trasting color as to seriously affect the meters of free liquor separates for each appearance or eating^ quality of the 30 ounces of net contents. product. [ 7 CFR Part 939 ] (d) (SStd.) classification; Canned (c) (SStd.) classificdtton. Canned H andling of B eurre D (An jo u , B eurre pumpkin or canned squash that fails to pumpkin or canned squash that fails to meet the requirements of paragraph (c) Bose, W inter N e l is, D oyenne du meet the requirements of paragraph Comice, B eurre E aster, and B eurre (b) of this section may be given a score of this section may be given a score of 0 to 20 points and shall not be graded •Clairgeau P ears G row n in Oregon, of 0 to 20 points and shall not be graded W ashington, and California above Substandard, regardless of the above Substandard, regardless of the total score for the product (this is a total score for the products (this is a EXPENSES AND FIXING OF RATE OF ASSESS­ limiting rule). limiting rule). MENT FOR 1955-56 FISCAL PERIOD LOT CERTIFICATION TOLERANCES § 52.2748 Finish— (a) General. The 0 k - Consideration is being given to the factor of finish refers to the texture of § 52.2756 Tolerances for certification following proposals which were sub­ the product and evenness of the pump­ of officially drawn samples, (a) When mitted by the Control Committee, estab­ kin or sqjiash particles. certifying samples that have been offici­ lished under the marketing agreement, (b) (A) classification. Canned pump­ ally drawn and which represent a specific as amended, and Order No. -39, as kin or canned squash that possesses a lot of canned pumpkin or canned squash amended (7 CFR Part 939), regulating good finish may be given a score of 17 the grade for such lot will be determined the handling of Beurre D’Anjou, Beurre to 20 points. “Good finish” means that by averaging the total score§ of the con­ Bose, Winter Nelis, Doyenne du Comice, the canned pumpkin or canned squash tainers comprising the sample, if, (1) all Beurre Easter, and Beurre Clairgeau particles are evenly divided; that the containers comprising the sample meet varieties of pears grown in Oregon, product is fine grained, smooth but not all applicable standards Of quality pro­ Washington, and California, effective pasty, and thé pumpkin or squash par­ mulgated under the Federal-Food, Drug, under the applicable provisions of the ticles are not hard. and Cosmetic Act and in effect at the Agricultural Marketing Agreement Act (c) (C) classification. Canned pump­ time of the aforesaid certification; and of*1937, as amended (7 U. S. C. 601 et kin or canned squash that possesses a (2) with respect to those factors which seq.), as the agency to administer the fairly good finish may be given a score are scored: terms and provisions thereof: of 14 to 16 points. “Fairly good finish” (i) Not more than one-sixth of the (a) That the Secretary of Agriculture means the canned pumpkin or canned containers fails to meet the grade indi­ find that expenses not to exceed $27,915 squash particles are evenly divided; that cated by the average of such total scores; are likely to be incurred by said com­ the product may be slightly coarse; may (ii) None of the containers falls more mittee during the fiscal period begin­ be slightly pasty but not decidedly pasty than 4 points below the minimum score ning July 1, 1955, and ending June 30, arid the pumpkin or squash particles are not hard. for the grade indicated by the average of 1956, both dates inclusive, for its m ain­ (d) (SStd.) classification. Canned such total scores; tenance and functioning under the pumpkin or canned Squash that fails to (iii) None of the containers falls more aforesaid amended marketing agree­ meet the requirements of paragraph (c) than one grade below the grade indicated ment and order; and of this section may be given a score of by the average of sucli total scores; and (b) That the Secretary of Agriculture 0 to 13 points and shall not be graded (iv) The average score of all contain­ fix, as the pro rata share of such ex­ above Substandard, regardless of the ers for any factor subject to a limiting penses which each handler shall pay in total score for the product (this is a rule is within the score range of that’ accordance with the provisions of the limiting rule). factor for the grade indicated by the aforesaid amended marketing agreem ent W ednesday, S eptem ber 21, 1955 FEDERAL REGISTER 7083 and order during the aforesaid fiscal Terms used in the amended marketing The lands involved in the application period, the rate of assessment at six mills agreement and order shall, when used are: ($0,006) per standard western pear box herein, have the sanie meaning as is New Mexico Principal Meridian given to thè respective ’term in said of pears or its equivalent of pears in T 9 S R 25 E other containers or in bulk, shipped by amended marketing agreement and Sec. ’20, sy 2 NW(4 SW% NE 14. such handler during said fiscal period. order. All persons who desire to submit writ­ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C, The area described contains 5 acres. ten data, views, or arguments for con­ 608c) E. R . S m ith, sideration in connection with the State Supervisor. aforesaid proposals may do so by mail­ Dated September 16, 1955. [F. R. Doc. 55-7617; Filed, Sept. 20, 1955; ing the same to the Director, Fruit and [seal] S. R. S m ith, 8:45 a. m.] Vegetable Division, Agricultural Market­ Director, Fruit and Vegetable ______a______,___ ing Service, Room 2077, South Building, Division, Agricultural Mar- Washington 25, D. C., not later than the Jcéting Service. DEPARTMENT OF AGRICULTURE 10th day after the publication of this [P. R. Doc. 55-7630; Piled, Sept. 20, 1955; notice in the F ederal R egister. 8:48 a. m.] Agricultural Marketing Service S helby S tockyards Co. POSTING OF STOCKYARD The Secretary of Agriculture has in­ NOTICES formation that the Shelby Stockyards Company, Shelby, Montana, is a stock- yard as defined in Section 302 of the (b) Assistant Chiefs of Regional Ap­ Packers and Stockyards Act, 1921, as DEPARTMENT OF THE TREASURY pellate Divisions; and amended (7 U. S. C. 202), and should be Internal Revenue Service (c) Special Assistants to the Chiefs of. made subject to the provisions of that [Order 7] Regional Appellate Divisions. act. Effective date: September 7,1955. Therefore, notice is hereby given that D istrict D irectors op I nternal the Secretary of, Agriculture proposes to R evenue [seal] T. Coleman A ndrew s, issue a rule designating the stockyard Commissioner. delegation op authority to grant ex­ named above as a posted stockyard sub­ tensions OF TIME FQR FILING CORPORA­ [P. R. Doc. 55-7640; Piled, Sept. 20, 1955; ject to the provisions of the Packers and TION DECLARATIONS OF ESTIMATED IN­ 8:50 a. m.] Stockyards Act, 1921, as amended (7 COME TAX U., S. C. 181 et seq.), as is provided in S eptember 6, 1955. section 302 of that act. Any interested DEPARTMENT OF THE INTERIOR person who desires to do so may submit, Pursuant to authority vested in me as within 15 days of the publication of this Commissioner of Internal Revenue, Dis­ Bureau of Land Management ^notice, any data, views or arguments, in trict Directors of Internal Revenue are N ew M exico writing, on the proposed rule to the hereby delegated authority to grant Director, Livestock Division, Agricultural reasonable extensions of time to file cor­ NOTICE OF PROPOSED WITHDRAWAL AND Marketing Service, United States De­ poration declarations of estimated in­ RESERVATION OF LANDS come tax required by section 6016 (a) of partment of Agriculture, Washington 25, S eptember 12, 1955. the Internal Revenue Code of 1954. The D. C. authority herein delegated shall be ex­ An application, serial number New Done at Washington, D. C., this 14th ercised in accordance with- applicable Mexico 020728, for the withdrawal from day of September 1955. regulations and procedures. all forms of appropriation under the public land laws, including the mining [seal] H. E. R eed, Effective date: August 23, 1955. and mineral-leasing laws, of the lands Director, Livestock, Division, Agricultural Marketing Service. [seal] T. Coleman A ndrew s, described below was filed on August 19, Commissioner. 1955, by the Corps of Engineers, U. S. [F. R. Doc. 55-7629; Filed, Sept. 20, 1955; Army. 8:48 a. m.] [F. R. Doc. 55-7639; Piled, Sept. 20, 1955; The purposes of the proposed with­ 8:50 a.m .] drawal: Installation of navigational aid facilities for the Air Force. CIVIL AERONAUTICS BOARD For a period of thirty days from the [Docket No. 7002 et al.] [Order 8] date of publication of this notice, per­ sons having cause to object to the pro­ N ew Y ork-N assau Case Associate Ch iefs of R egional Appellate posed withdrawal may present their NOTICE OF HEARING D ivisio ns et al. objections in writing to the State Super­ delegation of authority to sign agree­ visor, Bureau of Land Management, De­ Notice is hereby given, pursuant to the ments AS TO LIABILITY FOR PERSONAL partment of the Interior at P. O. Box Civil Aeronautics Act of 1938, as amend­ holding company tax 1251, Santa Fe, New Mexico. In case any ed, particularly Sections 205 (a) and objection is filed and the nature of the 1001 of the Act, that a hearing in the S eptember 7,1955. opposition is such as to warrant it, a above-entitled proceeding is assigned to Pursuant to the authority vested in me public hearing will be held at a con­ be held on October 4,1955, at 10:00 A. M., as Comniissioner of Internal Revenue venient time and place, which will be e. s. t., in Room No. 5132, Commerce and in accordance with the provisions of announced, where opponents to the Building, Fourteenth Street and Consti­ paragraphs 12 and 22 of Treasury Deci­ order may s£ate their views and where tution Avenue NW., Washington, D. C., sion 6118, approved December 30, 1954, proponents of the order can explain its before Examiner Merritt Ruhlen. the authority to enter into agreements purpose. Notice is further given that any per­ on Form 2198, pursuant to- section 547 The determination of the Secretary on son not a party to the proceeding desir­ (c) <3), Internal Revenue Code of 1954, the application will be published in the ing to be heard in opposition to the mat­ relating to liability for personal holding F ederal R egister, either in the form of a ters set forth in the case must file with company tax is hereby redelegated to the public land order or in the form of a the Board on or before October 4, 1955, following officers of the Internal Reve­ notice of determination if the application a statement setting forth issues of fact nue Service: is rejected. In either case/a separate or law which he desires to contest. Any (a) Associate Chiefs of Regional notice will be sent to each interested person filing such a statement may ap­ Appellate Divisions; party of record. pear and participate at the hearing in 7084 NOTICES

accordance with § 302.14 of the Proce­ It appearing, that sufficient “good learners for plant expansion purposes dural Regulations under Title IV of the cause” has been set forth in the said (women’s cotton wash dresses). Civil Aeronautics Act, as amended. motion to warrant the postponement re­ M. Fine* & Sons Manufacturing Co., Inc., For further details of the proceeding quested therein and that all of the Paducah, Ky., effective 9-12-55 to 9-11-56; and issues involved, interested persons 10 percent of the total number of factory parties to the proceeding have consented production workers for normal labor turn­ are referred to the applications consoli­ to a grant thereof; over purposes (cotton work shirts). dated in the proceeding by Order No. It is ordered, this 15th day of Septem­ Gateway Manufacturing Co., 215 West E-9466, to the report of the prehearing ber 1955, that the above motion be, and Church Street, Masontown, Pa., effective conference, and the “Notice” of August it is hereby, granted; and that the hear­ 0-7-55 to 1-19-56; 10 percent of the total 26, 1955, on file with the Civil Aeronau­ ing in the above-entitled proceeding is number of factory production workers en­ tics Board. hereby continued until 10:00 o’clock gaged in the production of ladies’ blouses a. m., on Monday, November 7, 1955, in (ladies’ blouses) (replacement certificate). Dated at Washington, D. C., Septem­ Gateway Manufacturing Co., 215 West ber 16, 1955. the offices of this Commission, at Wash­ Church Street, Masontown, Pa., effective ington, D. C. 9-7-55 to 1-19-56; 10 percent of the total [ seal] F rancis W . B row n, F ederal Communications number of factory production workers en­ Chief Examiner. gaged in the production of men’s sport shirts Com m ission, (sport shirts) (replacement certificate). [F. R. Doc. 55-7649; Filed, Sept. 20, 1955; [ seal] W m . P. M assing, 8:51 a. m.] Gateway Manufacturing Co., 215 West Acting Secretary. Church Street, Masontown, Pa., effective [F.. R. Doc. 55-7645; Filed, Sept. 20, 1955; .9-8-55 to 2-29-56; 10 learners for plant ex­ 8:51 a. m.] pansion purposes (supplemental certificate). Junior Form Lingerie Corp., Cairnbrook, [Docket Nos. 6597, 6749] Pa., effective 9-9-55 to 2-29-56; 50 learners Continental Air Lin e s, I nc. for plant expansion pin-poses (women’s and DEPARTMENT OF LABOR children’s slips). NOTICE OF POSTPONEMENT OF HEARING The H. D. Lee Co., Inc., Box 455, Boaz, Ala., Wage and Hour Division effective 9—16—55 to 9—15—56; 10 percent of In the matter of the application of the total number of factory production Continental Air Lines, Inc., under sec­ Learner E mployment Certificates workers for normal labor turnover purposes tion 401 of the Civil Aeronautics Act of (men’s bib overalls and waistband overalls). 1938, as amended, for amendment of its ISSUANCE TO VARIOUS INDUSTRIES Leecraft Manufacturing Corp., Spencer, certificate of public convenience and Notice is hereby given that pursuant Tenn., effective 9-21-55 to 9-20-56; 10 per­ necessity for route No. 29 authorizing cent of the total number of factory produc­ to Section 14 of the Fair Labor Stand­ tion workers for normal labor turnover pur­ service beyond San Antonio, Texas, to ards Act of 1938, as amended (52 Stat. poses (sport shirts). the terminal point Houston, Texas, 1068, as amended; 29 U. S. C. and Sup. Linden Manufacturing Co., Linden, Ala., Docket No. 6597; and in the matter of 214) and Part 522 of the Regulations effective 9-14-55 to 2-29-56; 20 learners for Board investigation re Braniff-TWA in­ issued thereunder (29 CFR, Part 522), plaht expansion purposes (cotton dresses). terchange at Amarillo, Texas, Docket No. special certificates authorizing the em­ Sandye Shirt Corp., Portland, Tenn., effec­ 6749. tive 9—12—55 to 9—11—56; 10 percent of the ployment of learners at hourly wage total number of factory production workers Notice is hereby given that hearing in rates lower than the minimum wage for normal labor turnover purposes (sport the above-entitled proceeding assigned rates applicable under Section 6 of the sh irts). for September 19, 1955, is postponed and Act have been issued to the firms listed Seamprufe, Inc., 32 River Street, Carbon- will be held on October 4, 1955, at 10:00 below. The employment of learners dale, Pa., effective 9-17-55 to 9-16-56; 10 a. m., e. s. t., in Conference Room A, under these certificates is limited to the percent of the total number of factory pro­ Departmental Auditorium, Twelfth terms and conditions therein contained duction workers for normal labor turnover Street and Constitution Ave. NW„ Wash­ purposes (slips and lingerie). , and is subject to the prévisions of Part Wentworth Manufacturing Co., 148 East ington, D. C., before Examiner Ferdi­ 522. The effective and expiration dates, Darlington Street, Florence, S. C.,‘ effective nand D. Moran. occupations, wage rates, number or pro­ 9—12—55 to 2-29 56; 20 learners for plant ex­ Dated at Washington, D. C., Septem­ portion of learners and learning periods pansion purposes (women’s cotton house ber 16, 1955. for certificates issued under general dresses). learner regulations (§§ 522.1 to 522.12) Glove Industry Learner Regulations [ seal] F rancis W. B rown, are as indicated below; conditions pro­ Chief Examiner. (29 GFR 522.60 to 522.65, as amended vided in certificates issued under special April 19, 1955, 20 F. R. 2304). [F. R. Doc. 55—7650; Filed, Sept. 20, 1955; industry-regulations are as established 8:51 a. m.] in these regulations. Morris'Manufacturing Co., Newbern, Tenn., Apparel Industry Learner Regulations effective 9-12-55 to 9-11*56, 10 learners for normal labor turnover purposes (work (29 CFR 522.20 to 522.24, as amended gloves). FEDERAL COMMUNICATIONS April 19, 1955, 20 F. R. 2304). Knitted Wear Industry Learner Regu­ COMMISSION Alabama Textile Products Corp., Crest- view, Fla., effective 9-14-55 to 9-13-56; 10 lations (29 CFR 522.30 to 522.35, as [Docket No. 11287 etc.; FCC 55M-795] percent of the total number of factory pro­ amended April 19, 1955, 20 F. R. 2304). E l M undo, I nc., et al. duction workers in the production of men’s Keyser Undergarment Co., Inc., Hyndman pajamas only, for normal labor turnover Division, Hyndman, Pa., effective 9-6-55 to order c o n tinuing hearing purposes (men’s pajamas). 2-29-56; 10 learners for expansion purposes In re applications of El Mundo, Inc., Bruce Co., Inc., 120 East 15th Street, (knitted slips and panties). Mayaguez, Puerto Rico, Docket No. Ottawa, Kans., effective 9-28-55 to 9-27-56; Keyser Undergarment Co., Inc., Hyndman 10 percent of the total number of factory Division, Hyndman, Pa., effective 9-6-55 to 11287, File No. BPCT-1892; Ponce de production workers for normal labor turn­ 9-5-56; 5 learners for normal labor turnover Leon Broadcasting Company, Inc., of over purposes (men’s work clothing and purposes (knitted slips and panties). P. R., Mayaguez, Puerto Rico, Docket waist band overalls; lined jackets). Salisbury Undergarment Co., Inc., Salis­ No. 11288, File No. BPCT-1906; Supreme Carter Dress Co., 40 West Main Street, Ply­ bury, Pa., effective 9-14-55 to 9-13-56; 5 Broadcasting Company, Inc., Mayaguez, mouth, Pa., effective 9-9-55 to 9-8-56; 10 learners for normal labor turnover purposes learners for normal labor turnover purposes (ladies’ rayon panties). • Puerto Rico, Docket No. 11289, File No. (women’s dresses). BFCT-1911; for construction permits for Dodge Manufacturing Co., Eastman, Ga., Regulations applicable to the Employ­ new television broadcast stations. effective 9—9—55 to 9—9—56; 10 learners for ment of Learners (29 CFR 522.1 to 522.12, The Hearing Examiner having under normal labor turnover purposes (men’s sport as amended February 28, 1955, 20 F. R. consideration a motion filed on Septem­ sh irts). 645). ber 9, 1955, on behalf of Ponce de Leon Fairfield Manufacturing Co., Inc., Winns- The following special learner certifi­ Broadcasting Company, Inc., of P. R.f boro, S. C., effective 9-9-55 to 9-8-56; 10 per­ requesting that the hearing now sched­ cent of the total number of factory produc­ cates were issued in Puerto Rico to the tion workers for normal labor turnover companies hereinafter named. The uled to be held in the above-entitled pro­ purposes (women’s cotton wash dresses). effective and expiration dates, the num­ ceeding on September 16, 1955, be con­ Fairfield Manufacturing Co., Inc., Winns- ber of learners, the learner occupations, tinued until November 7,1955; and boro, S. C., effective 9-9-55 to 2-29-56; 40 the length of the learning periods and 1Wednesday, September 21, 1955 FEDERAL REGISTER 7085 the learner wage rates are indicated, any or all provisions^ of this act respect­ Wyoming, in accordance with the Share respectively. ' ing * * * the extent of the application Exchange Contract as authorized by this Borinquen Radio Components Corp., of this act to contractors”, and Commission in Docket No. E-6218 (14 Coamo, P. R., effective 8-26-55 to 2-25-56; 10 Whereas it appears that justice and F. R. 7365). learners to be employed in the occupation of the public interest will be served by the The $4,875,000 of Montana-Wyoming machinist for 320 hours at 58 Cents an hour, granting of said request, bonds, proposed to be assumed, are the 320 hours- at 64 cents an hour, and 320 hours Now,, therefore, with respect to any unpaid balance of the original issue of at 70 cents an hour (metal or plastic parts contracts between the Department of $6,500,000 of bonds, issued as of Decem­ for radios). . Cruzita, 7 Cells Aguilera, Caguas, P. R., the Air Force and air carriers subject ber 1, 1949. effective 8-29-55, to 2-28-56; 10 learners to to Title II of the Railway Labor Act, The issue of the stock and the assump­ be employed in the- occupation of sewing made in furtherance of the Civil Reserve tion of the bonds will be pursuant to a machine operator for 480 hours at 30 cents an Air Fleet Program, such carriers are plan of reorganization whereby Mon­ hour (girls’ dresses). hereby exempted from the requirements tana-Dakota will acquire all of the prop­ Each certificate has been issued »upon of section 1 (a) of the Walsh-Healey erties of Montana-Wyoming, subject to the employer’s representation that em­ Public Contracts Act^nd, with respect to liabilities, solely in exchange for 241,577 ployment of learners at submiriimum their employees, from the requirements shares of stock and the assumption of wage rates is necessary in order to pre­ of section 1 (b) and 1 (c) of said act^> the $4,875,000 of bonds of Montana- vent curtailment of opportunities for and such carriers are hereby exempted Wyoming. After the acquisition, 241,577 employment, and that experienced to a corresponding extent from the ap­ shares of stock, which will be the only workers for the learner occupations are plication of the stipulations and repre­ asset held by Montana-Wyoming, will be not available. The certificates may be sentations which shall be inserted or in­ distributed to its stockholders on a pro cancelled in the manner provided in the corporated in such contracts pursuant rata basis; all as more fully appears in regulations, and as indicated in the cer­ to section 1 of tljp act and § 201.1 (a), the application. ^ tificates. Any person aggrieved by the (b), and (c) of the applicable regula­ Any person desiring to be heard or to issuance of any of these certificates may tions, 41 CFR Part 201: Provided, That make any protest with reference to said seek a review or reconsideration thereof this exemption shall not relieve the air­ application should on or before the 3d within fifteen days after publication of lines, except as above specifically pro­ day of October 1955, file with the Federal this notice in the Federal R egister pur­ vided, or any other person from any lia­ Power Commission, Washington 25, suant to the provisions of the Part 522. bility or sanction under the contract, the D. C., a petition or protest in accordance act, or the regulations, which would be with the Commission’s Rules of Practice Signed at Washington, D. C., this 12th applicable in the absence of this exemp­ and Procedure. The application is on day of Septèmber 1955. tion on the award of such contract to file and available for public inspection. a contractor qualified under section 1 (a) M ilton B rooke, [sea^I Leon M. F uqua y, Authorized Representative of the act, and the airlines shall notify Secretary. of the Administrator. suppliers accordingly. [F. R. Doc. 55-7619; Filed, Sept. 20, 1955; [F. R. Doc. 55-7618; Piled, Sept. 20, 1955; Signed at Washington, D. C., this 15th 8:46 a. m.] 8:46 a. m.] day of September 1955. Arthur Larsen, Acting Secretary of Labor. Wage and Hour and Public Contracts [Docket No. G—6892] [F. R. Doc. 55-7638; Filed, Sept. 20, 1955; Divisions 8.49 a. m.] P alermo G as Co. Contracts in F urtherance of Civil NOTICE OF APPLICATION AND DATE OF Reserve Air F leet P rogram FEDERAL POWER COMMISSION HEARING EXEMPTION OF AIR CARRIERS FROM CERTAIN [Docket No. E-6643] September 14,1955. REQUIREMENTS Take notice that Palermo Gas Com­ Whereas the Department of the Air Montana-Dakota Utilities Co. pany (Applicant), a West Virginia cor­ Force has represented that certain con­ NOTICE OF APPLICATION poration whose address is 4400 Virginia tracts in furtherance of the Civil Reserve Avenue, Southeast, Charleston, West Air Fleet Program must necessarily be September 14, 1955. Virginia, filed on November 30, 1954, an made with certain air carriers subject to Take notice that on September 7,1955, application for a certificate of public Title II of the Railway Labor Act (act an application was filed with the Federal convenience and necessity pursuant to of May 20, 1926, 44 Stat. 577; 45 U. S. C. Power Commission pursuant to Section Section 7 of the Natural Gas Act, au­ 181) as amended, for the manufacture 204 of the Federal Power Act by Mon­ thorizing Applicant to render service as or furnishing of materials, supplies, ar­ tana-Dakota Utilities Company (Mon­ hereinafter described, subject to the jur­ ticles and equipment and for the per­ tana-Dakota), a corporation organized isdiction of the Commission, all as more formance of certain essential services, under the laws of the State of Delaware fully represented in the application and and doing business in the States of Min­ which is on file with the Commission and Whereas it has further represented nesota, Montana, North Dakota, South open for public inspection. that to require said air carriers to qual­ Dakota and Wyoming, with its principal Applicant produces natural gas from ify as manufacturers or regular dealers business office at Minneapolis, Minne­ Barrett Adkins Land, Mud River, Jeffer­ in such materials, supplies, articles and sota, seeking an order authorizing the son District, Lincoln County, West equipment as provided in section 1 (a) issuance of 241,577 shares of Common Virginia, which is sold to South Penn of the Walsh-Healey Public Contracts Stock to Montana-Wyoming Gas Pipe Natural Gas Company at 16 cents per Act and to require them, in respect to Line Company (Montana-Wyoming), in Mcf for transportation in interstate com­ their employees, to comply with the exchange for all of the properties and merce for resale. labor standards of that act as provided assets of Montana-Wyoming, subject to This matter is one that should be dis­ m sections 1 (b) and 1 (c) will seriously liabilities existing at the acquisition date, posed of as promptly as possible under impair the conduct of the Government’s and to assume $4,875,000 of the Mon­ the applicable rules and regulations and business, and tana-Wyoming First Mortgage Pipe Line to that end : Whereas it has made a written finding Bonds? 3 Vz percent Series due June 1, Take further notice that, pursuant to to that effect and has requested an ex­ 1970, which bonds are now outstanding the authority contained in and subject to emption of said carriers from said re­ and a first lien on the properties to be the jurisdiction conferred upon the Fed­ quirements, and acquired. eral Power Commission by sections 7 and Whereas section 6 of the Walsh-Healey The 241,577 shares of Common Stock 15 of the Natural Gas Act, and the Com­ Public Contracts Act provides “The Sec- proposed to be issued will be identical mission’s rules of practice and procedure, retary of Labor may provide reasonable with the Common Stock now outstand­ a hearing will be held on October 13,1955, ni !• i°ns may ma^e rules and reg- ing. These shares will be issued in lieu at 9:30 a. m., e. s. t., in a Hearing Room ations allowing reasonable variations, of the 241,577 shares now reserved for of the Federal Power Commission, 441 G lerances and exemptions to and from issue to the stockholders of Montana- Street NW., Washington, D. C., concern- 7086 NOTICES

ing the matters involved in and the issues sion issued its findings and. orders LONG-AND-SHORT-HAUL' presented by such application: Provided, adopted August 31, 1955, issuing certifi­ however, That the Commission may, cates of public convenience and necessity FSA No. 31107: Potash-Carlsbad and after a non-contested hearing, dispose in the above-entitled matters. Loving, N. M., to Tennessee. Filed by of the proceedings pursuant to the pro­ The Atchison, Topeka & Santa Fe Rail­ visions of Section 1.30 (c) (1) or (2) of [ seal] Leon M. F uquay, way Company, Agent, for interested rail the Commission’s rules of practice and Secretary. carriers. Rates on potassium (potash), procedure. [F. R. Doc. 55-7622; Filed, Sept. 20, 1955; carloads from Carlsbad and Loving, Protests or petitions to intervene may 8:46 a. m.} N. Mex., to Alamo, Bells, Dyersburg, and be filed with the Federal Power Com­ Friendship, Tenn. mission, Washington 25, D. C., in accord­ Grounds for relief: Circuitous route. ance with the rules of practice and pro­ Tariff: Supplement 95 to The Atchi­ cedure [18 CFR 1.8 or 1.10] on or before [Docket No. E-6644] son, Topeka & Santa Fe Railway Com­ September 28,1955. Failure of any party pany tariff I. C. C. No. 14478. to appear at and participate in the hear­ P uget S ound P ower & Light Co. FSA No. 31108: Tin Cans-Between ing shall be construed as waiver of and NOTICE OF APPLICATION Points in Official Territory. Filed by concurrence in omission herein of the H. R. Hinsch, Agent, for interested rail intermediate decision procedure in cases S eptember 15, 1955. carriers. Rates on old tin cans, used where a request therefor is made. Take notice that on September 12, or defective, having value for detinning 1955, an application was filed with the purposes only, carloads between points [ seal] Leon M. F uquay, Federal Power Commission pursuant to Secretary. in official territory east of the Indiana- Section 204 of the Federal Power Act by Illinois State line and between such [F. R. Doc. 55-7620; Filed, Sept. 20, 1956; Puget Sound Power Light Company points, on one hand, and points in offi­ 6:46 a. m.j (Applicant), a corporation organized cial and Illinois territories west of said under the laws of the State of Massa­ line, as desecribed in the, application, on chusetts and doing business in the State the other. of Washington, with its principal busi­ [Docket No. G—2965 etc.I Grounds for relief-: Short-line dis­ ness office at Seattle, Washington, seek­ tance formula and circuity. ing an order authorizing the issuance of Cameron O il and G as C o. et al. Tariff: S u p p le m e n t 8 to Agent 1.088.940 shares of Common Stock at the Hinsch’s I. C. C. 4662. NOTICE OF FINDINGS AND ORDERS ISSUING par value of $10 per share. Applicant CERTIFICATES OF PUBLIC CONVENIENCE proposes to increase its authorized com­ FSA No. 31109: Merchandise-Central AND NECESSITY mon stock from 2,177,879 shares, par Territory to the East. Filed by The S eptember 14, 1955. value of $10 per share, to 3,266,819 Wabash Railroad Company, Agent, for shares, par value of $10 per share, and interested rail carriers. Rates on vari­ In the matters of Cameron Oil and ous commodities, in mixed carloads from Gas Company, Docket Nos. G-2965, G- proposes to dispose of the additional 1.088.940 shares of common stock by specified points in Illinois, Indiana, 2966, G—2967, G-2968, G-2969, G-2971, Michigan, Missouri (St. Louis)., and Ohio and G-2972; Cameron Producing Com­ distributing to the holders of common stock one share for each two shares of to specified points in New York and pany, Docket No. G-2973; Cameron Oil Pennsylvania, and Gas Company and Cameron Produc­ common stock issued and outstanding, and in payment for the shares so dis­ Grounds for relief: Motor truck com­ ing Company, Docket No. G-2974; Chafin petition and circuity. Land Company, Docket No. G-4617; tributed to cause to be transferred on the books of Applicant the sum of $10 for Tariff: Supplement 2 to Wabash Rail­ Placid Oil Company, Docket No. G-4849 ; road tariff I. C. C. 7778. Sunray OH Corporation, Docket No. G - each such share from Earned Surplus 5181; Sunray Oil Corporation, Docket Account to Common Capital Stock Ac­ By the Commission. No. G-5182; Kermit Gas Corporation, count; and to reduce its authorized capi­ tal stock by the elimination of 137,500 [seal] H arold D. M cCoy, Docket No. G-5694; C. E. Starrett, Docket Secretary. No. G-6517. shares of Prior Preference Stock, no par Notice is hereby given that (Hi Sep­ value, heretofore issued, redeemed and [F. R. Doc. 55-7633; Filed, Sept. 20, 1955; tember 2, 1955, the Federal Power Com­ cancelled; all as more fully appears in 8:49 a. m.] mission issued its findings and orders the application on file with the Commis­ adopted August 31, 1955, issuing certifi­ sion. cates of public convenience and necessity Any person desiring to be heard or to in the above-entitled matters. make any protest with reference to said [Notice 78] application should on or before the 5th M otor Carrier A pplications [seal! Leon M. F uqua y, day of Qctober 1955, file with the Federal Secretary. Power Commission, Washington 25, S eptember 16,1955. [F. R. Doc. 55-7621; Filed, Sept. 20, 1955; D. C., a petition or protest in accordance Protests, consisting of an original and 8:46 a. m.] with the Commission’s rules of practice two copies, to the granting of an appli­ and procedure. H ie application is on cation must be filed with the Commis­ file and available for public inspection. sion within 30 days from the date of publication of this notice in the F ederal I Docket No. G-6934^etc.] [seal] Leon M. F uquay, Secretary. R egister and a copy of such protest T im G. L ow ry et al. served on the applicant. Each protest [F. R. Doc. 55-7624; Filed, Sept. 20, 1955; must clearly state the name and street NOTICE OF FINDINGS AND ORDERS ISSUING 8:47 a. m.] number, city and state address of each CERTIFICATES of public convenience Protestant on behalf of whom the pro­ AND NECESSITY test is filed (49 CFR 1.240 and 1.241). S eptember 14, 1955. INTERSTATE COMMERCE Failure to seasonably file a protest will In the matters of Tim G. Lowry, Docket COMMISSION be construed as a waiver of opposition No. G-6934; A. Plack Carr, Docket No. and participation in the proceeding un­ G-6936; Gas Properties, Inc., Docket No. F ourth S ection Applications for less an oral hearing is held. In addition G-6940; Continental OH Company, B elief to other requirements of Rule 40 of the Docket Nos. G-6947 and G-6956; North­ General Rules of Practice of the Com­ S eptember 16, 1955. ern Natural Gas Producing Company, mission (39 CFR 1.40), protests sh all in ­ Docket No. G-8589; Southwestern Ex­ Protests to the granting of an appli­ clude a request for a public hearing, if ploration Company, Docket No. G-9001; cation must be prepared in accordance one is desired, and shall specify with Woofter-Jones Gas Company, Docket with Rule 40 of the General Rules of particularity the facts, matters, ana No. G-9020. Practice (49 CFR 1.40) and filed within things, relied upon, but shall not include Notice is hereby given that on Septem­ 15 days from the date of publication of issues or allegations phrased generally. ber 2, 1955, the Federal Power Commis­ this notice in the F ederal R egister. Protests containing general allegations Wednesday, September 21, 1955 FEDERAL REGISTER 7087 may be rejected. Requests for an oral junction U. S. Highways 25 and 42 and line running due north and south hearing must be supported by an ex­ Dayton, Ohio. Applicant is authorized through the Town of Roggen. RE­ planation as to why the evidence cannot to conduct operations in Alabama, Dela­ STRICTION : Service to points within a be submitted in forms of affidavits. ware, Georgia, Illinois, Indiana, Kansas, 75-mile radius of Julesburg, Colo., to be Any interested person, not a protestant, Kentucky, Maryland, Michigan, Mis­ restricted to cement in bulk only, and desiring to receive notice of the time and souri, New Jersey, New York, North aggregates. FURTHER RESTRIC­ place of any hearing, pre-hearing con­ Carolina, Ohio, Oklahoma,. Pennsyl­ TION: No service to be performed ference, taking of depositions, or other vania, South Carolina, Tennessee, Texas, directly to oil fields. proceedings shall notify the Commission Virginia, West Virginia, Wisconsin, and No. MC 21170 Sub 31, filed August 25, by letter or telegram within 30 days from the District of Columbia. 1955, BOS FREIGHT LINES, INCOR­ the date of publication of this notice in No. MC 2202 Sub 132, filed September PORATED, 408 South 12th Ave., Mar­ the F ederal R egister. . 1, 1955, ROADWAY EXPRESS, INC., 147 shalltown, Iowa. For authority to op­ Except when circumstances require Park Street, Akron 9, Ohio. Applicant’s erate as a common carrier, over a regular immediate action, an application for ap­ attorney: James M. Veimer, 2001 Massa­ route, transporting: General commodi­ proval, under section 210a (b) of the act, chusetts Ave., NW., Washington 6, D. C. ties, except those of unusual value, Class of the temporary operations of motor For authority to operate as a common A and B explosives, household goods as carrier properties sought to be acquired carrier, over .regular routes, transport­ defined by the Commission, commodi­ in an application under section 5 (a) will ing: General commodities, except those ties in bulk, and those requiring special not be disposed of sooner than 10 days of unusual value, Class A and B explo­ equipment, between Cedar Rapids, Ibwa, from the date of publication of this sives, livestock, household goods as de­ and Middle Amana, Iowa, over Iowa notice in the F ederal R egister. If a fined by the Commission, commodities Highway 149, serving no intermediate protest is received prior to action being in bulk, and those requiring special points. Applicant is authorized to con­ taken, it will be considered. equipment, between junction U. S. High­ duct operations in Hlinois, Indiana, way 78 and U. S. Business Highway 78 Iowa, Kansas, Minnesota, and Missouri. APPLICATIONS OF MOTOR CARRIERS west of Anniston, Ala., and junction U. S. No. MC 27970 Sub 21, filed August 4, OF PROPERTY Highway 78 and U. S. Business Highway 1955, CHICAGO EXPRESS, INC., 72 No. MC 2202 Sub 130, filed August 16, 78 east of Anniston, Ala., over U. S. High­ Fifth Ave., New York 11, N. Y. Appli­ 1955, ROADWAY EXPRESS, INC., 147 way 78, serving no intermediate points, cant’s attorneys: S. Harrison Kahn, 726- Park Street, Akron, Ohio. Applicant’s as an alternate route for operating con­ 34 Investment Bldg., Washington, D. C., attorney: William 6 . Turney, 2001 Mas­ venience only, in connection with and Thomas F. Connor, 72 Fifth Ave., sachusetts Avenue, N. W., Washington carrier’s authorized alternate route op­ New York 11, N. Y. For authority to 6, D. C. For authority to operate as a erations between Austell, Ga., and Bir­ operate as a common carrier, over regu­ commob carrier, over a regular route, mingham, Ala. Applicant is authorized lar routes, transporting: General com­ transporting: General commodities, ex­ to conduct operations in Alabama, Con­ modities, except those of unusual value, cept those of unusual value, Class A and necticut, Delaware, Georgia, ¡Illinois, In­ Class A and Class B explosives, bullion, B explosives, livestock, household goods diana, Kansas, Kentucky, Maryland, livestock, household goods as defined by as defined by the Commission, commodi­ Michigan, Missouri, New Jersey, New the Commission, commodities in bulk, ties in bulk, and those requiring special York/ North Carolina, Ohio, Oklahoma, and commodities requiring special equip­ equipment, between Detroit, Mich., and Pennsylvania, South Carolina, Tennes­ ment,. (!),between Bristol, Pa. and Phil­ Grand Rapids, Mich., over U. S. High­ see, Texas, Virginia and West Virginia, adelphia, Pa. over Pennsylvania Highway way 16, serving the intermediate points Wisconsin, and the District of Columbia. 13, serving no intermediate points, with of Lansing and Howell, Mich. Applicant No. MC 4405 Sub 267, filed September service at Philadelphia for purposes of is authorized to conduct operations in 9, 1955, DEALERS TRANSIT, INC., joinder only, and with service to and Alabama, Delaware, Georgia, Illinois, 12933 Stony Island Avenue, Chicago, HI. from points east of the Ohio-Pennsyl- Indiana, Kansas, Kentucky, Maryland, Applicant’s attorney: James W. Wrape, vania State line restricted to shipments Michigan, Missouri, New Jersey, New Sterick Building, Memphis 3, Tenn. For" moving to and from points west of the York, North Carolina, Ohio, Oklahoma/ authority to operate as a common car­ Ohio-Pennsylvania State line; (2) serv­ Pennsylvania, South Carolina, Tennes­ rier, over irregular routes, transporting: ing Lancaster, Pa. as an intermediate see, Texas, Virginia, West Virginia, Wis­ (1) Trailers, semi-trailers, trailer chassis point in connection with carrier’s au­ consin, and the District of Columbia. and semi trailer chassis, in initial move­ thorized regular route operation between No. MC 2202 Sub 131, filed August 26, ments, in truckaway service, from Cleveland, Ohio, and Boston, Mass, over 1955, ROADWAY EXPRESS, INC., 147 Bradenton, Fla., to points in Ohio, Ohio Highway 14, Pennsylvania High­ Park Street, P. O. Box 471, Akron, Ohio. Michigan, Indiana, Kentucky, Hlinois, ways 51 and 88, and U. S. Highways 30 Applicant’s attorney: William O. Turney, Wisconsin, Minnesota, Iowa, Missouri, and 1, with service to and from points 2001 Massachusetts Avenue NW., Wash­ Arkansas, Louisiana, North. Dakota, east of the Ohio-Pennsylvania State line ington 6, D. C. Fog, authority to op­ South Dakota, Nebraska, Kansas, Okla­ restricted to shipments moving to and erate as a common carrier, over regular homa, Texas, Montana, Wyoming, from points west of the Ohio-Pennsyl­ route, transporting: General commod­ Colorado, New Mexico, Arizona, Utah, vania State line. Applicant is author­ ities, except those of unusual value, Class Idaho, Washington, Oregon, California ized to conduct operations in Hlinois, A and B explosives, livestock, household and Nevada; and (2) trailers, semi­ Indiana, Ohio, Pennsylvania, Maryland, goods as defined by the Commission, trailers, trailer chassis and semi-trailer Connecticut, New Jersey, New York, commodities in bulk, and those requiring chassis, in initial movements, in drive- Massachusetts, Rhode Island, and Wash­ special equipment, between Cincinnati, away service, from Brandenton, Fla., to ington, D. C. Ohio, and Findlay, Ohio, from Cincin­ points in all states specified in (1) above No. MC 27970 Sub 22, filed August 4, nati over U. S. Highway 42 to Xenia, except Arizona, Oregon, and Nevada. 1955, CHICAGO EXPRESS, INC., 72 Ohio, thence over U. S. Highway 68 to Applicant is authorized to conduct oper­ Fifth Ave., New York 11, N. Y. Appli­ Findlay, Ohio, and return over the same ations throughout the United States. cant’s attorneys: S. Harrison Kahn, route, serving no intermediate points, as No. MC 5267 Sub 8, filed August 8, 726-34 Investment Bldg., Washington, an alternate route, for operating con­ 1955, WILLIAM R. BRUMFIELD AND D. C.; Thomas F. Connor, 72 Fifth Ave., venience only, in connection with OLIVET ATWOOD BRUMFIELD, doing New York 11, N. Y. For authority to carrier’s regular route operations Cl) business as ATWOOD TRUCK LINE, operate as a common carrier, over reg­ between Akron, Ohio, and Findlay, Ohio, Route 1, Fort Morgan, Colo. Applicant’s ular routes, transporting: General com­ Which is a portion of regular route op­ attorney: Marion F. Jones, Suite 526 modities, except those of unusual value, erations between Akron, Ohio, arid San Denham Building, Denver 2, Colo. For Class A and B explosives, bullion, live­ Antonio, Tex., (2) between Cleveland, authority to operate as a common car­ stock, household good as defined by the Ohio, and Cincinnati, Ohio, which is a rier, over irregular routes, transporting: Commission, commodities in bulk, and Portion of regular route operations be­ Cement and aggregates, from Laramie, commodities requiring special equip­ tween Cleveland, Ohio, and Memphis, Wyo., and points within five miles ment, (1) serving Chicopee, Mass., and Tenn., (3) between Dayton, Ohio, and thereof, to points in Colorado on and points within five (5) miles of Chicopee Wapskoneta, Ohio, and (4) between north of U. S. Highway 36 and east of a as intermediate or off-route points in 7088 NOTICES

connection with carrier’s authorized published in the August 10, 1955 issue, mond and Yonkers Counties, N. Y., and regular route operations between Joliet, GEORGE F. DOCKHAM, doing busi­ Manhattan, Brooklyn, Hempstead, and 111. and Boston, Mass, over U. S. High­ ness as LEDO TRUCKING CO., Box 146, North Hempstead, N. Y. Note: Appli­ ways 6 and 20 and New York Highways Raymond, N. H. For authority to oper­ cant states in the event the Commission, 5 and 130, with service to and from ate as a common carrier, over irregular upon the evidence presented, deems this points east of the Ohio-Pennsylvania routes, transporting: Coke and pig iron, to be a contract carrier operation, then State line restricted to shipments moving in bulk, in dump trucks from Everett, in the alternative applicant requests this to and from points west of the Ohio- Mass., to points in Vermont. be considered as an application for con­ Pennsylvania State line; (2) to convert No. MC 35442 Sub 2, filed September tract carrier authority in which event to a service route carrier’s alternate 8, 1955, W. W. OWENS, 702 E. Burgess applicant will request dismissal of that route for operating convenience only St., Elizabeth City, N. C. For authority portion of its Certificate No. MC 59457 betweep New York, N. Y. and junction to operate as a common carrier, over as would result in dual operation. Ap­ U. S. Highways 9 and 20, serving no in­ irregular routes, transporting; Paper plicant is authorized to conduct opera­ termediate points and with service at and paper products, from Baltimore, tions in Connecticut, Massachusetts, New the termini for the purpose of joinder Md., to Elizabeth City, N. C., and General Jersey, New York, Pennsylvania and only, from New York over U. S. Highway Commodities, except Class A and B ex­ Rhode Island. 9 through Poughkeepsie and Clermont, plosives, household goods (when trans­ No. MC 65106 Sub 2, filed August 30, N. Y. to junction New York Highway ported as separate service), commodi- 1955, MARTIN E. FLEMMING, doing 9-H, thence over New York Highway 9-H • ties in bulk, and those requiring special business as M. E. FLEMMING, No. 1 through Claverack, N. Y., to junction equipment, from Elizabeth City, N. C., to Washington St., Brooklyn, N. Y. Appli­ U. S. Highway 9, and thence over U. S. Baltimore, Md. Applicant is authorized cant’s attorney: Morris Honig, 150 Highway 9 to junction U. S. Highway 20, to conduct operations in Virginia and Broadway, New York 38, N. Y. For au­ and return over the same route; (3) North Carolina. thority to operate as a contract carrier, serving Peekskill, N. Y. as an intermedi­ No. MC 36534 Sub 13, filed July 25, over irregular routes, transporting: ate point in connection with carrier's 1955 (Further Amended), published Au­ Shortenings, between New York, N. Y., routes described in (2) above, with serv­ gust 10, 1955, on Page 5796 and August on the one hand, and, on the other, ice to and from points east of the Ohio- 31, 1955, on Page 6426, STRONG & points in Bergen, Essex, Hudson, Passaic, Pennsylvania State line restricted to HARRIS, INC., P. O. Box 137, Vanadium, and Union Counties, N. J. shipments moving to and from points N. Mex. For authority to operate as a No. MC 66562 Sub 1249, filed Septem­ west of the Ohio-Pennsylvania State contract carrier, over irregular routes, ber 6, 1955, RAILWAY EXPRESS line. Applicant is authorized to conduct transporting: (1) Ore and ore concen­ AGENCY, INCORPORATED, 219 East operations in Illinois, Indiana, Ohio, trates, (a) from any mine or m ill in 42nd Street, New York, N. Y. ‘Appli­ Pennsylvania, Maryland, Connecticut, Cochise County, Ariz., to any railhead cant’s attorneys: Alston, Sibley, Miller, New Jersey, New York, Massachusetts, in Cochise County, Ariz., (b) from any Spann & Shackelford, 1220 Citizens and Rhode Island, and Washington, D. C. mine or mill in Cochise County, Ariz., Southern National Bank Bldg., Atlanta, No. MC 27970 Sub 23, filed August 4, to the railhead in Rodeo, Hidalgo Ga. For authority to operate as a com­ 1955, CHICAGO EXPRESS, INC., 72 County, N. Mex.; and (c) from any mine mon carrier, over a regular route, trans­ Fifth Ave., New York 11, N. Y. Appli­ or mill in Cochise County, Ariz., to porting: General commodities, including cant’s attorneys: S. Harrison Kahn, points in Hidalgo and Luna Counties, Class A and B explosives, moving in ex­ 726-34 Investment Bldg., Washington, N. Mex., where custom m ills are located; press service, between Nashville, Tenn., D. C., and Thomas F. Connor, 72 Fifth and (2) mine and mill supplies, (a) from and CrossviUe, Tenn., from Nashville Ave., New York 11, N. Y. For authority railheads in Cochise County, Ariz., to over U. S. Highway 31-E to junction to operate as a common carrier, over mines and mills in Cochise County, Ariz.; Tennessee Highway 45, thence over Ten­ regular routes, transporting; General (b) from points in Hidalgo County, nessee Highway 45 to junction U. S. commodities, except those of unusual N. Mex., to mines and mills in Cochise Highway 70-N, thence over U. S, High­ value, Class A and B explosives, house­ County, Ariz.; and (c) from points in way 70-N to CrossviUe, and return over hold goods as defined by the Commis­ Luna County, N. Mex., to mines and m ills the same route, serving the intermediate sion, commodities in bulk, and com­ in Cochise County, Ariz. Applicant is points of Old Hickory, Lebanon, Car­ modities requiring special equipment, authorized to conduct operations in Ari­ thage, Double Springs, Cookeville and (1) between Montieello, Ilk. and Urbana, zona and New Mexico. Monterey, Tenn., and the off-route 111., from Montieello over Illinois High­ No. MC 55811 Sub 25, filed September points of Watertown, Baxter and Al- way 105 to junction Illinois Highway 47, 6, 1955, CRAIG TRUCKING, INC., Al­ good, Tenn. Applicant is authorized to thence over Illinois Highway 47 to junc­ bany, Ind. Applicant’s attorney: Howell conduct operations throughout the tion Illinois Highway 10 and thence over Ellis, 520 Illinois Building, Indianapolis, United States. Illinois Highway 10 to Urbana and re­ Ind. For authority to operate as a com­ No. MC 72140 Sub 32, filed September turn over the same route, serving no mon carrier, over irregular routes, 1, 1955, SHIPPERS DISPATCH, INC., intermediate points and with service at transporting: Foodstuffs and food prep­ 1216 West Sample Street, South Bend, Urbana for purposes of joinder only; (2) arations, from Vandalia, HI., to Mount Ind. Applicant’s representative: Joseph between Watseka, HL, and Toledo, Ohio, Summit, Ind. Applicant is authorized to P. Allen, 2085 Waterman Street, Detroit from Watseka over U. S. Highway 24 to conduct operations in Illinois, Iowa, 9, Mich. For authority to operate as a Huntington, Ind., thence over U. S. High­ Kentucky, Michigan, Missouri, Ohio, common carrier, transporting: General way 224 to Findlay, Ohio, thence over Pennsylvania, and West Virginia. commodities, except those of unusual U. S. Highway 68 to Toledo, and return No. MC 59457 Sub 1, filed August 18, value, Class A and B explosives, live­ over the same route, as an alternate 1955, JOSEPH A. RUBERTONE AND stock, household goods as defined by the route for operating convenience only, JOHN E, DRAGO, doing business as Commission, commodities in bulk, and serving no intermediate points and with EASTERN LINES TRANSPORTATION, commodities requiring special equip­ service at the termini for purpose of 26 Edwards Street, Hamden, Conn. Ap­ ment, serving Gibraltar, Mich., as an joinder only, in connection with carrier’s plicant’s attorney: Sidney L. Goldstein, off-route point in connection with car­ authorized regular route between Chi­ 109 Church Street, New Haven, Conn. rier’s regular route operations between cago, 111., and the junction of Ohio High­ For authority to operate as a common Fort Wayne, Ind., and Detroit, Mich., way 2 and U. s . Highway 6 near carrier, over irregular routes, transport­ over U. S. Highways 25 and 112. Sandusky, Ohio, from Chicago over U. S. ing; Scrap and waste paper in bales, be­ No. MC 103378 Sub 47, filed September Highway 20 to Toledo. Applicant is au­ tween all-points in Connecticut, Mas­ 2, 1955,' PETROLEUM CARRIER COR­ thorized to conduct operations in Illinois, sachusetts, Vermont, Rhode Island, New PORATION, 369 Margaret Street, Jack­ Indiana, Ohio, Pennsylvania, Maryland, Hampshire and New Jersey, and points sonville, Fla. Applicant’s attorney: Connecticut, New Jersey, New York, in Schenectady, Schoharie, Greene, Co­ Martin Sack, Atlantic National Bank Massachusetts, Rhode Island, and Wash­ lumbia, Rensselaer, Saratoga, Washing­ Building, Jacksonville 2, Fla. For au­ ington, -D. C. ton, Montgomery, Albany, Dutchess, thority to operate as a common carrier, No. MC 31441 Sub 12, filed July 27, Warren, Ulster, Orange, Rockland, Put­ over irregular routes, transporting: 1955, and amended September 9, 1955, nam, Westchester, Bronx, Queens, Rich­ Nitric acid, in bulk, in tank vehicles, Wednesday, September 21, 1955 FEDERAL REGISTER 7089 from the Plant of E. I. du Pont de Tulsa 15, Okla. Applicant’s attorney: U. S. Highway 99 to Colton, Calif.; (8) Nemours & Co., at Mineral Springs, Ala., John E. Lesow, 632 Illinois Bldg., 17 West Long Beach, Calif, over California High­ to all points in Florida. Market Street, Indianapolis 4, Ind. For way 15 to Los Angeles, Calif., and (9) No. MC 103993 Sub 56, filed September authority to operate as a common car­ Pomona, Calif, over U. S. Highway 60 to 12,1955, MORGAN DRIVE-AWAY, INC., rier, over irregular routes, transporting^ Riverside, Calif.; and thence return over 509 Equity Building, Elkhart, Ind. Ap­ Trailers, designed to be drawn by pas­ above specified routes to Long Beach and plicant’s attorney: John E. Lesow, 632 senger automobiles, in initial movements, San Pedro, Calif., Glendale and Alumite, Illinois Building, 17 W. Market St., in truckaway service, from Macon, Ga., Nev., and Vincent,* Santa Monica, Los Indianapolis 4, Ind. For authority to to all points in the United States* and Angeles Harbor, and Pomona, Calif.; to operate as a common carrier, over damaged and rejected shipments of the serving all intermediate points on said irregular routes, transporting: Trailers, above-named commodity on return. Ap­ routes, and all off-route points located in designed to be drawn by passenger auto-, plicant is authorized to conduct opera­ San Luis Obispo, Kern, Santa Barbara, mobiles, by the truckaway method, in tions throughout the United States. Ventura, Los Angeles, .Orange, San initial movements, from Macon, Ga., to No. MC 106398 Sub 45, filed September Bernardino, Riverside, San Diego, and all points in the United States, and 12, 1955, NATIONAL TRAILER CON­ Imperial Counties, Calif., and Clark and damaged trailers on return. VOY, INC., 1916 North Sheridan Road, Lincoln Counties, Nev. Applicant is not No. MC 103993 Sub 57, filed September P. O. Box 896, Dawson Station, Tulsa 15, presently authorized to conduct any reg­ 12, 1955, MORGAN DRIVE-AWAY, INC« Okla. Applicant’s attorney: John E. ular route operations but is authorized to 509 Equity Bldg., Elkhart, Ind. Appli­ Lesow, 632 Illinois Bldg., 17 West Mar­ conduct irregular route operations in cant’s attorney: John, E. Lesow, 632 ket Street, Indianapolis 4, Ind. For au­ California, and Nevada. Illinois Bldg., 17 W. Market St., Indian­ thority to operate as a common carrier, No. MC 107295 Sub 50, filed August 8, apolis 4, Ind. For authority to operate over irregular routes, transporting: 1955, PRE-FAB TRANSIT CO., a cor­ as a common carrier, over irregular, Trailers, designed to be drawn by pas­ poration, Farmer City, 111. Applicant’s routes, transporting: Trailers, designed senger automobiles, in initial movements, attorney: Mack Stephenson, First Na­ to be drawn by passenger automobiles, in truckaway service, ''from Wichita, tional Bank Building, Springfield, 111. by the truckaway method, in initial Kans., to all points in the United States, For authority Jo operate as a common movements, from Wichita, Kans., to all and damaged or rejected shipments of carrier, over irregular routes, transport­ points in the United States and damaged the commodity specified on return move­ ing : Aluminum windows, storm windows, trailers on return. ments. Applicant is authorized to con­ and storm doors, fully assembled and No. MC 105807 Sub 17, filed August 20, duct operations throughout the United including glazing, uncrated, from points 1955, MATTHEW LEO McKEONE, SR., in New York, to points in Alabama, Lou­ MATTHEW LEO McKEONE, JR., JO­ No. MC 106679 Sub 2 (amended), filed isiana, Mississippi, Nebraska, North SEPH JAMES McKEONE, and ALBERT July 19, 1955, OSBOURN TRUCKING Carolina, Pennsylvania, South Dakota, JOSEPH McKEONE, doing business as COMPANY, a corporation, 452 South Texas, Virginia, West Virginia, and RED BALL TRANSFER COMPANY, Hewitt St., Los Angeles, Calif. Appli­ Oklahoma. Applicant is authorized to 1009 Capitol Ave., Omaha, Nebr. For cant’s attorney: Donald Murchison, 119 conduct operations in the District of authority to operate as a“common car­ South Beverly Drive, Beverly Hills, Calif. Columbia and all states in the United rier* over regular routes, transporting: For authority to operate as a common States excepting California, Idaho, Ne­ Compressed gases, excepting liquified carrier, over regular routes, transport­ vada, New Mexico, Oregon, South Caro­ petroleum gases, in bulk, in containers ing: General commodities, including lina, Washington, and Arizona. mounted on government owned trailers, Class A and B explosives, commodities in No. MC 107369 Sub 10, filed Septem­ and empty containers or other such in­ hulk, and those requiring special equip­ ber 1, 1955, VERNON, LLOYD MILLER, cidental facilities (not specified) used in ment, but excluding commodities of un­ doing business as VERNON L. MILLER transporting compressed gases, from, to, usual value, livestock, and household TRUCKING, 2607 East' 7th Street, and between all points now being served goods as defined by the Commission, Cheyenne, Wyo. Applicant’s representa­ in the performance of regular route op­ from (1) Long Beach, Calif, over Califor­ tive: Robert S. Stauffer, 1510 East 20th erations in and through the states of nia Highway 19 to junction U. S. High­ Street, Cheyenne, Wyo. For authority Illinois, Indiana, Iowa, Kansas, Missouri, way 91 just north of Long Beach, thence to operate as a common carrier, over and Nebraska. irregular routes, transporting: (1) Man­ over U. S. Highway 91 to the Nevada- ufactured light weight aggregate, and Note: The applicant is authorized to con­ Arizona State line just east of Mesquite, (2) cement, in bulk, and in packages, in duct operations over all of the above- Nev., (2) San Pedro, Calif, over U. S. referred to routes in the transportation in Highway 6 to Los Angeles, Calif., thence suitable type vehicles, between points in some instances of general commodities, with over U. ,S. Highway 6 to junction U. S. Wyoming, Colorado, Nebraska, and exceptions as specified, and in other in ­ Highway 466 at or near Mojave, Calif., South Dakota. Applicant is authorized stances of certain specifically named com­ thence over U. S. Highway 466 to junc­ to conduct operations in Colorado, Ne­ modities but is vnot presently specifically tion U. S. Highway 66 at or near Bar- braska, and Wyoming. authorized to transport the commodities No. MC 107403 Sub 210, filed August named in this application. stow, Calif., thence over U. S. Highway 66 to junction U. S. Highway 95 near 30, 1955, E. BROOKE MATLACK, INC., No. MC 106398 Sub 43, filed September Needles; Calif., thence over U. S. High­ 33d and Arch Streets, Philadelphia 4, 12, 1955, NATIONAL TRAILER CON­ way 95 to junction unnumbered high­ Pa. Applicant’s attorney: Paul F. VOY, INC., 1916 North Sheridan Road, way just south of Mercury, Nev., thence Barnes, 811-19 Lewis Tower Building, P. O. Box 896, Dawson Station, Tulsa 15, over said unnumbered highway to Mer­ 225 South 15th St., Philadelphia 2, Pa. Okla. Applicant’s attorney: John E. cury, Nev.; (3) Glendale, Nev. over U. S. For authority to operate as a common Lesow, 632 Illinois Bldg., 17 West Mar­ Highway 93 to a point where it intersects carrier, over irregular routes, transport­ ket Street, Indianapolis 4, Ind. For au­ the, boundary line between White Pine, ing: Corn syrup, in bulk, in tank ve­ thority to operate as a common carrier, and Lincoln Counties, Nev.; (4) Alunite, hicles, from Richmond, Va., to points in over irregular routes, transporting: Nev. over ,U. S. Highway 93 to a point Tennessee. Trailers, designed to be drawn by pas­ where it intersects the Nevada-Arizona Note: Applicant does not presently hold senger automobiles, in initial move­ State line at or near Hoover Dam; (5) any authority to transport the commodity ments, in truckaway service, from Clar­ Vincent, Calif., over unnumbered high­ named in this application hut has applica­ ion and Montoursville, Ea., to all points tion pending in No. MC 107403 Sub 208 for way to junction California Highway 138, authority to transport said commodity from in the United States, and damaged or thence over California Highway 138 to Richmond. Va. to points in Maryland, North "rejected shipments of the commodity junction unnumbered highway, thence Carolina, and the District of Columbia. specified on return movements. Appli­ over said unnumbered highway to junc­ cant is authorized to conduct operations tion U. S. Highway 91 approximately two No. MC 108053 Sub 14 (amended), throughout the United States. miles south of Victorville; (6) Santa filed August 15,1955, LITTLE AUDREY’S No. MC 106398 Sub 44, filed Septem­ Monica, Calif, over U. S. Highway 66, to TRANSPORTATION COMPANY, INC., ber 12, 1955, NATIONAL TRAILER San Bernardino, Calif., (7) Los Angeles business address: 214 Sunshine Building, CONVOY, INC., 1916 North Sheridan Harbor, Calif, over Truck Boulevard to Albuquerque, N. Mex., and mailing ad­ Road, P. o . Box 896, Dawson Station, junction U. S. Highway 99, thence over dress: P. O. Box 1006, Topeka, Kans. No. 184— 4 7090 NOTICES

Applicant’s attorney: Erie W. Francis, and commodities requiring special equip­ No. MC 110193 Sub 24, filed August 22 Veterans of Foreign Wars Bldg., 214 ment (but not including those requiring 1955, SAFEWAY TRUCK LINES, INC.’ West 6th St., Topeka, Kans. For au­ refrigeration), between Albuquerque, 4625 W. 55th Street, Chicago, 111. Ap­ thority to operate as a common carrier, Holloman Air Force Base, and Alamo­ plicant’s attorney: Joseph M. Scanlan, over irregular routes, transporting: gordo, N. Mex., (1) from Albuquerque 111 West Washington St., Chicago 2, 111.’ Foods, both frozen and unfrozen, which over U. S. Highway 85 to Las Cruces, For authority to operate as a common require transportation at frozen or con­ N. Mex., thence over U. S. Highway 70 carrier, over irregular routes, transport­ trolled temperatures! materials, includ­ to Holloman Air Force Base, thence over ing: Meat, meat products and meat by­ ing, but not limited to fresh fruits and U. S. Highway 70 to Alamogordo, N. products, dairy products, and articles vegetables, used in the preparation of. Mex., and return over the same routes, distributed by meat-packing houses, as foods which require transportation at serving all intermediate and off-route defined by the Commission, between Al­ frozen or controlled temperatures; points within five (5) miles of U. S. bert Lea, Minn., Sioux City, Des Moines, fresh fruits and vegetables when moving Highways 85 and 70, and (2) from Al­ Cedar Rapids, Iowa, and Omaha, Nebr.’ as a part of-cargo of other commodities; buquerque over U. S. Highway 85 to San on the one hand, and, on the other,’ and materials used in the preparation of Antonio, N. Mex., thence over U. S. High­ points in Ohio, Pennsylvania, New York! foods for transportation at frozen or way 380 to Carrizozo, N. Mex., thence New Jersey, Massachusetts, Rhode Is­ controlled temperatures, between points over U. S. Highway 54 to Alamogordo, land, Connecticut, Delaware, and Mary, in California, on the one hand, and, on thence over U. S. Highway 70 to Hollo­ land. Applicant is authorized to con­ the other, points in Illinois, Indiana, man Air Force Base, and return over the duct opérations in Connecticut, Dela­ Iowa, Kansas, Michigan, Minnesota, same routes, serving no intermediate ware, Illinois, Iowa, Kansas, Maryland, Misspuri, Ohio, Oklahoma, Nebraska, points, as an alternate route in connec­ Massachusetts, Minnesota, Missouri, Ne­ North Dakota, South Dakota, and Wis­ tion with the operations in (1) above, braska, New Jersey, New York, Ohio, consin. Applicant is authorized to con­ for operating convenience only. Appli­ Pennsylvania, Rhode Island, Wisconsin, duct operations in Arizona, California, cant is authorized to conduct operations and the District of Columbia. Colorado, Illinois, Indiana, Iowa, Kansas, in New Mexico and Texas. No.'MC 111545 Sub 11, filed Septem­ Minnesota, Missouri, Nebraska, Nevada, No. MC 110098 Sub 15, filed August 1, ber 8, 1955, JIMMIE H. AYER, INC., New Mexico, South Dakota, and Texas. 1955, amended September 8, 1955, pub­ doing business as HOME TRANSPOR­ No. MC 108207 Sub 43, filed August 29, lished in August 10 issue, page 5798, TATION COMPANY, Route 3, 928 Four 1955, FROZEN EXPRESS, a corporation, ZERO REFRIGERATED LINES, Room Lane Highway, Marietta, Ga. Appli­ P. O. Box 5382, 318 Cadiz St., Dallas, 201 Administrative Bldg., 1500 So. Zarza- cant’s attorney: Allan Watkins, 214 Tex. Applicant’s attorney: Leroy Hall­ mora Street, San Antonio 7, Tex. Ap­ Grant Building, Atlanta 3, Ga. For au­ man, First National Bank Building, plicant’s attorney: Leroy Hallman, First thority to operate as a common carrier, Dallas 2, Tex. For authority to operate National Bank Bldg., Dallas 2, Tex. For over irregular routes, transporting: (1) as a common carrier, over irregular authority to operate as a common car­ truck bodies, from Griffin, Ga., to points routes transporting: Meats, meat prod­ rier, over irregular routes, transporting: in Ohio, and (2) soil pipe, cast iron pipe ucts, meat by-products, and dairy prod­ (1) Meat, meat products and meat by­ and fittings, and lumber, from points in ucts, as defined by the Commission, from products, as defined by the Commission, Alabama, Georgia, Tennessee, North Arkansas City, and, Wichita, Kans., to (a) between Fremont, Nebr., Austin, Carolina, .South Carolina, and Florida, ; points in Arizona, and New Mexico. Ap­ Minn., Madison, Wis., and Fort Dodge, to points in Iowa, Missouri, Wisconsin, plicant is authorized to conduct opera­ Dubuque, Ottumwa and Davenport, Minnesota, Illinois, and Indiana. Ap-7 tions in Arkansas, California, Illinois, Iowa, on the one hand, and, on the other,"' plicant does not presently hold any au­ Indiana, Iowa, Kansas, Louisiana, Mich­ points in Texas, and (b) between San thority to transport the commodities igan, Mississippi, Missouri, Nebraska, Antonio, Tex., on the one hand, and, on named in this application. Ohio, Oklahoma, Tennessee, Texas, and the other, points in Kansas, Missouri and No. MC 112020 Sub 11, filed August 29, Wisconsin. Illinois and Pehnville, Ind., Detroit, 1955, COMMERCIAL OIL TRANSPORT, No. MC 108380 Sub 40, filed September Mich., and Sioux City, Iowa; and (2) a corporation, 1*030 Stayton Street, Ft. 9, 1955, JOHNSTON’S FUEL LINERS, frozen foods, between points in Minne­ Worth, Tex. Applicant’s attorney: Le­ INC., P. O. Box 328, Newcastle, Wyo. sota, Iowa and Wisconsin, on the one roy Hallman, First National Bank Build­ Applicant’s attorney: Stockton, Lin- hand, and, on the other, points in Texas ing, Dallas 2, Tex. For authority to ville and Lewis, The 1650 Grant Street and Louisiana. Applicant is authorized^ operate as a common carrier, over irreg­ Bldg., Denver 3, Colo. For authority to to conduct operations in California, ular routes, transporting: Liquid fish, operate as a common carrier, over irreg­ Iowa, Louisiana, Minnesota, Oregon, aquatic animal products and marine ular routes, transporting: Petroleum Texas, Washington and Wisconsin. animal products, including but not lim­ and petroleum products, in bulk, in tank No. MC 110140 Sub 3, filed August 8, ited to fish oil residuum (fish press vehicles, from Billings, Mont. (1) to 1955, amended September 7,1955, MAYO water), fish oil, fish oil foots and fish oil points in South Dakota on and west of a ROBISON, doing business as LUMBER sediments, and fish solubles, iri bulk, in line beginning at the North Dakota-. TRUCKING SERVICE, 943 Nebraska tank vehicles, (1) between points in South Dakota state line and extending Street, Seattle, Wash. Applicant's at­ Texas and Louisiana,' and (2) from along U. S. Highway 83 to junction U. S: torney: George R. LaBissoniere, 835 points in Texas and Louisiana to points Highway 16, thence along U. S. Highway Central Bldg., Seattle 4, Wash. For au­ in Arkansas, Colorado, Kansas, Iowa, 16 to junction U. S. Highway 183, thence thority to operate as a common carrier, Missouri, Nebraska, and Oklahoma. along U. S. Highway 183 to South over irregular routes, transporting: _c.No. MC 113493 Sub 1, filed September Dakota-Nebraska state line; (2) points, Lumber, from the International Bound­ 8, 1955, K. C. BALDWIN, 25 Webster in Scotts Bluff, Sioux, Box Butte, Dawes ary Line between the United States and Street, P. O. Box 319, Bradford, Pa. Ap­ and Sheridan Counties, Nebr.; and (3) Canada, at or near Sumas, Wash., to plicant’s attorney: Henry M. Wick, Jr., points in Wyoming on and east of U. S. Seattle, Wash. Restricted to Interna­ 1211 Berger Bldg., Pittsburgh 19, Pa. Highway 87. Applicant is authorized to tional traffic" destined to Langley, Fort For authority to operate as a common conduct operations in Colorado, Idaho, Langley and Mission City, British Colum­ carrier, over irregular routes, transport­ Montana, Nebraska, North Dakota, bia, Canada. Applicant is authorized to ing: Machinery, equipment, materials South Dakota, Utah and Wyoming. conduct operations in Washington. No. MC 108461 Sub 43, filed August 28, and supplies used in, or in connection No. MC 110190 Sub 29, filed September with, the discovery, development, pro­ 1955, WHITFIELD TRANSPORTA­ 1, 1955, PENN-DIXIE LINES, INC., 2000 TION, INC., 220 W. Amador, P. O. Box duction, refining, manufacture, process­ S. George St., P. O. Box 42, York, Pa. ing, storage, transmission, and distribu­ 1350, Las Cruces, N. Mex. For authority Applicant’s attorneys: Christian V. Graf, to operate as a common carrier, over 11 N. F’ront St., Harrisburg, Pa., and tion of natural gas and petroleum and regular routes, transporting: General Robert R. Hendon, 310 Investment Bldg., their products and by-products, between commodities, including Claps A, B, and Washington 5, D. C. For authority to points in Pennsylvania, Ohio, West Vir­ C explosives and those classified as dan­ operate as a common carrier, over ir­ ginia, Kentucky and Tennessee. Appli­ gerous articles, except articles of un­ regular routes, transporting: Cookies, cant is authorized to conduct operations usual value, household goods as defined from Phoenixville, Pa. to points in in New York, Ohio, Pennsylvania and by the Commission, commodities in bulk, Florida. West Virginia. Wednesday, S eptem ber 21, 1955 FEDERAL REGISTER 7091

No. MC 114091 Sub 5, filed August 25,. the United States within 25 miles of Avenue, Yonkers, N. Y. Applicant’s at­ 1955, DIRECT-TRANSPORT COMPANY Brownsville, Tex. Applicant states that torney: Martin Werner, 295 Madison OP KENTUCKY, INCv, 4204 Norboume the transportation sought herein in­ Avenue, New York 17, N. Y. For au­ Blvd., Louisville, Ky. Applicant's at­ volves foreign commerce only, and thority to operate as a common carrier, torney : O llie L. Merchant, 712 Louisville further--also seeks contract carrier au­ over irregular routes, transporting: Trust Building, Louisville 2, Ky. For thority for the above-described opera­ Homing pigeons, in seasonal operations authority to operate as a common car­ tions in instant application. Section during the period between March 1st and rier, over irregular routes, transporting: 210 (dual operations) are here involved. October 31st of each year, both inclusive, Petroleum and petroleum products, as No. MC 115437, MONTERREY between New York, N. Y., points in West­ defined by the Commission, in bulk, in FREIGHT FORWARDING CORPORA­ chester County, N. Y., and points in Fair- tank vehicles, from points in Daviess TION, a Texas corporation, P. O. Box field County, Conn., on' the one hand, County, Ky., to points in Indiana on and 1110, Brownsville, Tex. Applicant’s at­ and, on the other, Bergen, Essex, Hud­ south of U. S. Highway 40. torney: Maynard F. Robinson, Frost son, Mercer, Middlesex, Monmouth, No. MC 115157 Sub 1, filed September National Bank Bldg., San Antonio, Tex. Somerset and Union Counties, N. J., and 12 1955, FRANCIS P. LONG, doing busi­ For authority to operate as a contract New York, N. Y., together with PETI­ ness as LONG COAL AND HAULING carrier, over irregular routes, transport­ TION FOR DETERMINATION OF COMPANY, 128 Friendship Avenue, ing: General commodities, including STATUS, DISMISSAL OF CERTIFI­ Duquesne, Pa. Applicant’s attorney: household goods as defined by the Com­ CATE APPLICATION, AND OTHER PRANK C. RONEY—BLOOM, BLOOM & mission, but excluding commodities of RELIEF, wherein petitioner states that YARD, Washington Trust Building, unusual value, Class A and B explosives, his transportation of pigeons in the Washington, Pa. For authority to oper­ commodities in bulk, and those requiring course of his training service is incidental ate as a contract carrier, over irregular special equipment, between points in to his pigeon training business, and routes, transporting: Coal, eoke, cin­ Cameron and Hidalgo Counties, Tex., on therefore does not require operating au­ ders, and by-produets thereof, from the one hand, and, on the other, points thority for the conduct thereof. points in Allegheny, Westmoreland and in the United States including the Dis­ No. MC 115539, filed August 24, 1955, Washington Counties, Pa., to points in trict of Columbia. Applicant states: ROY N. ROBISON, Route 1, Wilder, Hancock, Brooke, Ohio, Marshall, Wet­ Instant application proposes service for Idaho. For authority to operate as a zel and Monongalia Counties, W. Va., only the following corporations, Mex-Cal contract carrier, over regular and ir­ and Trumbull, Mahoning, Columbiana Glass Corporation, Monterrey Glass Pro­ regular routes, transporting: Ore and and Jefferson Counties, Ohio. cessing Corporation, and Monterrey Sales ore concentrates, in bulk, from South No. MC 115270 Sub 1, filed September Corporation, all Texas corporations, and Mountain Mine approximately 25 miles 6, 1955, ZIGMOND HANZ and LAW­ Mex-Cal Commodities Corporation, a southwest of Jordan Valley, Oreg., to RENCE HANZ, doing business as HANZ California corporation. Applicant fur­ Salt Lake City, Utah, and points within TRUCKING COMPANY, Schofield, Wis. ther seeks common carrier authority for 30 miles thereof, from South Mountain Applicant’s attorney: Claude J. Jasper, the above-described operations in in­ Mine over unnumbered road to Jordan stant application. Section 210 (dual Valley, Qreg., thence over U. S. Highway 1 West Main Street, Madison 3, Wis, For 95 to junction Idaho Highway 72, thence authority to operate as a contract car­ operations) are here involved. No. MC 115492 Sub 1, filed September over Idaho Highway 72 to junction U. S. rier, over irregular routes, transporting: Highway 30 near Nampa, Idaho, thence Fertilizer, in bulk, (1) from Hartsdale, 12, 1955, MAURICE A. HORTON, Houl- ton, Maine. Applicant’s attorney: Wil­ over U. S. Highway 30 to Burley, Idaho, Ind., to points in Wisconsin on and south thence over U. S. Highway 30S to junc­ of a line beginning at La Crosse, Wis., liam D. Pinansky, 403-4-5 Clapp Memo­ rial Building, 443 Congress Street: Port­ tion U. S. Highway 91, thence over U. S. and extending along U. S. Highway 16 to Highway 91 to Salt Bake City, and thence Wisconsin Dells, Wis., thelnce along Wis­ land 3, Maine. For authority to operate as a common carrier; over irregular over irregular routes to points within 30 consin Highway 23 to Sheyboygen, Wis., miles of Salt Lake City, serving no in­ irvirig all points on the indicated por- routes, transporting: Prefabricated buildings, complete, knocked down or in termediate points on the above-specified Sons of the highways specified, and (2) route. from Hartsdale, Ind., to Pickett, Wis. sections, and when transported in con­ No. MC 115543, filed August 29, 1955, No. MC 115407, filed June 14, 1955, nection therewith, component parts MELVIN L. SELLY and RAYMOND F. STEEL EXPRESS, INC., 120—139th thereof,^ and equipment and materials DERNER, doing business as SELLY - Street, Hammond, Ind. Applicant’s at­ incidental to the erection and comple­ DERNER TRUCKING, 518 So. Washing­ torney: Franklin R. Overmyer, Harris tion of such buildings, from Houlton, ton St., St. Peter, Minn. Applicant’s Trust Building, 111 West Monroe Street, Maine, to points in Connecticut, Dela­ attorney: Hoyt Crooks, 842 Raymond Chicago 3, 111. For authority to operate ware, Indiana, Maryland, Massachusetts, Ave., St. Paul 14, Minn.> For authority as a contract carrier, over irregular Michigan, New Hampshire, New Jersey, to operate as a contract carrier, over ir­ routes, transporting: Iron and steel ar­ New York, Ohio, Pennsylvania, Rhode regular routes, transporting: (1) stone, ticles, as defined by "the Commission in Island, Vermont and Virginia. both rough and finished, from the quarry Ex Parte No. MC-45, between .Hammond, No. MC 115516, filed August 15, 1955, plant building of the Vetter Company in Ind., on the one hand, and, on the HAROLD STEPHENS TRUCK LINES, Lime Township, Blue Earth County, other, points in Cook, Kankakee, Will, INC., Highway 101 North Crescent City, Minn., located 200 yards west of a point Grundy, Kendall, De Kalb, Kane, Lake, Calif. Applicant’s attorney: J. Ralph on Blue Earth County (Minn.) Road No. Du Page and McHenry Counties, 111. Arnold, Ninth and L Streets, Crescent 123 (Old Bottom Road 5) two arid No. MC 115436, MONTERREY City, Calif. For authority to operate as three-tenths (2.3) miles north of the freight f o r w a r d in g c o r p o r a ­ a common carrier, over irregular routes, city limits of Mankato, Minn., to points tion, a Texas corporation, P. O. Box transporting: Lumber (all sizes), rough in the United States, including the Dis­ 1110, Brownsville, Tex. Applicant’s at­ and dressed, (1) from points in Del trict q£ Columbia, excepting those lo­ torney: Maynard F. Robinson, Frost Na­ Norte and Humboldt Counties, Calif., to cated in and on the boundaries of the tional Bank'Bldg., Sah Antonio, Tex. docks at Fields Landing and Eureka, states of Washington, Oregon, Califor­ For authority to operate as a common Calif.; (2) from points in Del Norte nia, Idaho, Nevada, Utah, Arizona, Mon­ carrier, over irregular routes, transport­ County, Calif., to Coos Bay, Oreg.; (3) tana, Wyoming, and New Mexico, and ing: General commodities, including from points in Curry County, Oreg., to (2) empty containers or other such inci­ household goods as defined by the Com­ Crescent City, Calif.; and (4) from dental facilities (not specified) used in mission, but excluding those of unusual points in Del Norte County, Calif., to transporting stone, both rough and fin­ value, Class A and B explosives, com­ points in Josephine and Jackson Coun­ ished, from points in the above-specified modities in bulk, and those requiring ties, Oreg., and empty containers or destination territory, to the above-speci­ special equipment, (i) between Hidalgo, other such incidental facilities (not fied origin point. Applicant - does not Tex., and points in the United States specified) used in transporting the presently hold any authority from this within 15 miles thereof, on the one hand, above-described commodity on return Commission. s-nd, on the other, Brownsville, Tex., and movements.. . No. MC 115545, filed August 29, 1955, i2) between Brownsville, Tex., pn the No. MC 115537, filed August 23, 1955, GLENN O. NELSON, Route 1, Belden- one hand, and, on the other, points in LOUIS PALADINO, 44 Blackford ville, Wis. For authority to operate as 7092 NOTICES

a common carrier, over a regular route, APPLICATIONS FOR BROKERAGE LICENSES transporting: Coal, in bulk, from Red Roosevelt Raceway, Westbury, Lone Wing, Minn., to River Falls, Wis., from No. MC 12633, filed August 22, 1955, Island, N. Y., and Yonkers Raceway Mississippi River Barge terminal in Red JAMES MANSON McMILLAN, doing Yonkers, N. Y., Monmouth Park Race Wing, Minn., over East Avenue to junc­ business as EDUCATIONAL TOURS, 930 Track, Oceanport, N. J., Garden state tion Main Street, thence over Main North Fourth Avenue, Knoxville, Tenn, Race Track, Delaware, N. J., Freehold Street to junction Bluff Street, thence Applicant’s attorney: Charles A. Maner, Trotting Track, Freehold, N. J., and over Bluff Street to the Minnesota-Wis­ 214 Empire Building, Knoxville, Tenn. Atlantic City Race Track, Hamilton consin State line, and thence over Wis­ For a license as a broker, at Knoxville, Township, N. J.,. Delaware Park Race consin Highway 35 to River Falls, serv­ Tenn., in arranging for the transporta­ Track, Wilmington, Del., Pimlico Race ing the intermediate points of Hager tion of Passengers and their baggage Track, Baltimore, Md., Bowie Race in the same vehicle with passengers, in Track, Bowie, Md., and Laurel Race City, Ellsworth and Beldenville, Wis., and Track, Laurel, Md., and Lincoln Downs off-route points within two miles on each interstate or foreign commerce, in round trip special and charter operations, be­ Race Track, Lincoln, R. I. Applicant is side of Wisconsin Highway 35. authorized to conduct regular route op­ No. MC 115553, filed September 6, ginning and ending at Knoxville, Tenn., and extending to points in Alabama, erations in New Jersey, New York and 1955, LEONARD BOLIN, 414 Riley Road, Pennsylvania. East Chicago, Ind. Applicant’s attorney : Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, No. MC 1510 Sub 55, filed September 2 Louis E. Smith, 1800 N. Meridian Street, 1955, SOUTHWESTERN GREYHOUND | Suite 503, Indianapolis 4, Ind. For au­ Kansas, Louisiana,, Maine, Massachu­ setts, Minnesota, Missouri, Montana, LINES, INC., 210 E. Ninth Street, Fort thority to operate as a common carrier, Worth, Tex. Applicant’s attorney: Wil­ over irregular routes, transporting: Iron Nebraska, Nevada, New Mexico, New York, North Carolina, Ohio, Oklahoma, liam M. Brown, 1210 Electric Building, and steel and iron and steel articles. Fort Worth, Tex. For authority to oper­ Between points in the Chicago, 111., Com­ Oregon, South Carolina, South Dakota, Tennessee, Texas) Utah, Washington, ate as a common carrier, over regular mercial Zone, as defined by the Com­ routes, transporting: Passengers and mission, and Lake County, Indiana, on Wisconsin, Wyoming, and the District of Columbia. their baggage, and newspapers, express the one hand, and, on the other, points and mail, in the same vehicle with pas­ in Illinois, Indiana, Iowa, Ohio, Michi­ APPLICATIONS OF MOTOR CARRIERS OF sengers, (1) between Houston, Tex., and gan and Wisconsin. PASSENGERS Port Arthur, Tex., from Houston over No. MC I 15555, filed September 6,1955, Texas Highway 73 via Cove, Wallisville HERBERT L. JOHNSON, doing business No. MC 228 Sub 15, amended July 25, 1955, published in the June 15, 1955 and Winnie, Tex., fco Port Arthur, and as H. L. JOHNSON TRUCKING COM­ return over the same route, serving all PANY, P. O. Box 926, Fort Morgan, Colo. issue, on page 4204, HUDSON TRANSIT LINES, INC., Franklin Turnpike, Mah­ intermediate points, (2) between junc­ Applicant’s attorney: Robert S. Stauf­ tion Texas Highways 73 and 61 and Win­ fer, 1510 East 20th Street, Cheyenne, wah, N. J. Applicant’s attorney: .James F. X. O’Brien, 17 Academy Street, New­ nie, Tex., from junction Texas Highways Wyo. For authority to operate as a 73 and 61, east of Wallisville, Tex., over common carrier, over irregular routes, ark 2, N. J. For authority to operate as a common carrier, over irregular routes, Texas Highway 61 to the intersection transporting: (1) machinery, equip­ with Texas Highway 73-T, thence over ment, materials and supplies used in transporting: Passengers and their bag­ gage, in special operations, in round trip Texas Highway 73-T to Stowell, Tex., connection with the discovery, develop­ thence over Texas Highway 124 to Win­ ment, production, refining, manufac­ sightseeing and pleasure tours, from Suffern, Monroe, Goshen, Middletown, nie, and return over the same route, ture, processing, storage, transmission, serving all intermediate points, and (3> * and distribution of natural gas and pe­ Monticello, Liberty, Hancock, Deposit, Binghamton, Endicott, Port Jervis, New­ between Winnie, Tex., and Beaumont, troleum and their products and by­ Tex., from Winnie over Texas Highway products; and (2) machinery, materials, burgh, Highland-and Kingston, N. Y., Hawley, Carbondale and Forest City, Pa., 124 via Hamshire and Fannett to Beau­ equipment and supplies used in or in mont, and return over the same route, connection with the construction, opera­ and all points within three miles of each of said points, and New York City and serving all intermediate points. tion, repair, servicing, maintenance, and No. MG 1511 Sub 107, filed August 29, dismantling of pipe lines, including the Wurtsboro, N. Y., Mahwah, N. J., and points in Pike County, Pa., to Graymoor, 1955, PACIFIC GREYHOUND LINEi§t stringing and picking up thereof, be­ a corporation, 371 Market Street, Safi tween points in Colorado, Wyoming and Hyde Park and West Point, N. Y., Wash­ Nebraska. ington, D. C., Atlantic City and Asbury Francisco 5, Calif.. Applicant’s attor­ Park, N. J., Philadelphia, Crystal Cave ney: Earl A. Bagby, Greyhound Build­ No. MC 115556, DOUGLAS De WITT, ing, Market and Fremont Streets, San 215 Madison, Oconto, Wis. Applicant’s and Valley Forge, Pa., Annapolis, Md., and to the ports of entry in New York Francisco 5, Calif. For authority to op­ attorney: Claude J. Jasper, One West erate as a common carrier, over a regu­ Main Street, Madison, Wis. For au­ at the International Boundary between the United States and Canada, on high­ lar route, transporting: Passengers and thority to operate as a common carrier, their baggage, in special operations, be­ over irregular toutes, transporting : ways running to Montreal, Canada, and return. Applicant is authorized to con­ tween Squaw Junction, Calif, (junction lumber, rough and finished, and saw­ newly designated California Highway 89 dust, between Oconto, Wis., and points duct regular route operations in New Jersey, New York and Pennsylvania. and unnumbered highway) and Squaw in Michigan, Minnesota, Iowa, Illinois, Valley, Calif., approximately two miles Indiana and Ohio. No. MC 228 Sub 16 (corrected), filed west of Squaw Valley Junction, over un­ No. MC 115557, filed September 6,1955, June 22, 1955, published in the August numbered highway, serving no interme­ CHARLES A. McCAULEY, 308 Leasure 10, 1955 issue, on page 5800, HUDSON diate points. Applicant is authorized to Way, New Bethlehem, Pa. Applicant’s TRANSIT LINES, INC., Franklin Turn­ conduct operations in Arizona, Califor­ attorney: H. Ray Pope, Jr., Clarion, Pa. pike, Mahwah, N. J. Applicant’s attor­ nia, Nevada, New Mexico, Oregon, For authority to operate as a common ney: James F. X. O’Brien, 17 Academy Street, Newark 2, N. J. For authority to Texas, and Utah. carrier, over irregular routes, transport­ No. MC 29854 Sub 21, filed August 29, ing: Clay, in bulk, in dump or tank ve­ operate as a common carrier^ over ir­ regular routes, transporting: Passengers 1955, THE HUDSON BUS TRANSPOR­ hicles, from points in Clarion and Clin­ TATION CO., INC., 437 Tonnele Avenue, ton Counties, Pa., to points in Ohio, and' and their baggage, in the same vehicle with passengers, in special round trip Jersey City, N. J. - For authority to oper­ on return movement, Lime, from points ate as a common carrier, over irregular in Ohio to Punxsutawney, Jefferson operations, during the racing seasons of the following Race Tracks: Beginning routes, transporting: . Passengers and' County, Pa. their baggage, in the same vehicle with No. MC 115558 Sub 1, filed September and ending in Suffern, Goshen, Middle- town, Wurtsboro, Monticello, Liberty, passengers, in special round-trip sea­ 9,1955, E.x>. TOWSON, Ocilla, Ga. Ap­ sonal operations during the authorized plicant’s attorney: Paul M. Daniell, 514 Binghamton, Endicott, Port Jervis, New­ racing seasons of each year, at the race Grant Bldg., ^Atlanta, Ga. For author­ burgh and Kingston, N. Y., Milford and tracks indicated, beginning and ending ity to operate as a common carrier, over Carbondale, Pa., Mahwah, N. J., and all in points in Hudson County, N. J., and irregular routes, transporting: Lumber, points within three miles of each of the Staten Island, New York, N. Y., and from points in Georgia on and south above points, and extending to Saratoga extending to the Monmouth Park Jockey of U. S. Highway 80 to points in Florida. Race Track, Saratoga Springs, N. Y., Club Race Track, Oceanport, N. J., the Wednesday, S eptem ber 21, 1955 FEDERAL REGISTER 7093 Garden State Race Track, Delaware Hilton Head over unnumbered highways of HOLLOWAY TRANSFER COM­ Township, N. J., the Freehold Trotting to Hilton Head Toll Ferry, thence over PANY, INCORPORATED, Gadsden, Ala., Track, Freehold, N. J., the Atlantic City South Carolina Highway 39 to Bluffton, and for acquisition by W- D. SELLERS, Race Track, Hamilton Township, N. J., S. C., thence over South Carolina High­ JR., also of Birmingham,. of control of the Acqueduct Race Track, New York, way 46 to junction South Carolina High­ the rights and property through the N. Y., the Jamaica Race Track, New way 170, thence over South Carolina purchase. Applicant’s attorney: James York, N. Y., the Belmont Park Race Highway 170 to junction U. S. Highway W. Wrape, 2111 Sterick Bldg., Memphis, Track, Nassau County, N. Y., the Roose­ 17, thence over U. St Highway 17 to junc­ Tenn. Operating rights sought to be velt Raceway, Westbury, L. I., N. Y., the tion U. S. Highway 17A, thence over U. S. transferred: General commodities, with Yonkers Raceway, Yonkers, N. Y.,. the Highway 17A to Savannah, and return certain exceptions including household Saratoga Race Track, Saratoga, N. Y., over the same route, serving all inter­ goods, as a common carrier, over regular the Good Time Park Trotting Track, mediate points. routes, between Birmingham, Ala., and Goshen, N. Y., the Delaware Park Race Atlanta, Ga., between Anniston, Ala., and APPLICATIONS TINDER SECTION 5 Gadsden, Ala., and between junction Track, Wilmington, Del., the Pimlico AND 2 10A (B) Race Track, Baltimore, Md., the Bowie U. S. Highway 11 and Alabama Highway Race Track, Bowie, Md., the Laurel Park No. MC-F 6062. Authority sought for 7, near Springville, Ala., and Gadsden, Race Track, Laurel, Md., and the Lincoln purchase by SHIP-BY-TRUCK COM­ Ala., serving certain intermediate and Downs Race Track, Lincoln, R. I. Appli­ PANY, doing business as GRAHAM off-route points. Vendee is authorized cant is authorized to conduct operations SHIP-BY-TRUCK CO., 1321 W. 8th St., to operate as a common carrier in Ala­ In Connecticut, Delaware, Maryland, Kansas City, Mo., of a portion of the bama, New York, Pennsylvania, New New Jersey, New York, Pennsylvania, operating rights of H. R. LEONARD and Jersey, Texas, and Florida, and as a con­ Virginia, and the District of Columbia. DOYLE B. LEONARD, doing business as tract carrier in Iowa, Alabama, Indiana, No. MC 61335 Sub 1, filed. September LEONARD BROTHERS TRANSPORT Florida, Louisiana, Missouri, Texas, Illi­ 9, 1955, TRANS-BRIDGE LINES, INC., COMPANY, 124 Van Buren St., Topeka, nois, Kentucky, New Jersey, Virginia, Broad Street, P. O. Box 146, Phillips- Kans., and for acquisition by W. H. West Virginia, New York, Pennsylvania, burg, N. J. Applicant’s attorney: Chris­ ARNOLD, J. L. DAVIS, and B. J. DAVIS, Tennessee, Oklahoma, Mississippi, Ar­ tian V. Graf, 11 North Front Street, all of Kansas City, Mo., of control of kansas, Georgia, Delaware, Kansas, Harrisburg, Pa. For authority to oper­ the operating rights through the pur­ North Carolina, Maryland, South Caro­ ate as a common carrier, over a regular chase. Applicants’ attorney: J. Wm. lina, Michigan, Minnesota, North Da­ route, transporting: Passengers and their Townsend, 204-206 Central Bldg., To­ kota, Ohio, South Dakota, Wisconsin, baggage in the same vehicle with pas­ peka, Kans. Operating rights sought to Maine, New Hampshire, Vermont, Mas­ sengers, between East Stroudsburg, Pa., be transferred: General commodities, sachusetts, Connecticut, Rhode Island, and the plant of Tung Sol Electric, Inc., with certain exceptions including house­ Nebraska, Colorado, Utah, Wyoming, Washington, N. J., from East Strouds­ hold goods, as a common carrier, over New Mexico, and the District of Colum­ burg over U. S. Highway 209 to junction regular routes, between Topeka, Kans., bia. Application has been filed for tem­ U. S. Highway 611, thence over U. S. and the 832nd Supply Depot and the porary authority under Section 210a (b). Highway 611 to junction Alternate U. S. Forbes Army Air Base, located at or near No. MC-F 6072 Authority sought for Highway 611, thence over Alternate U. S. Pauline, Elans., restricted against per­ purchase by CONSOLIDATED Highway 611 to Portland, Pa., thence forming any service between Atchison, FREIGHTWAY S, INC., 2029 N. W. over U. S. Highway 611 over Portland Leavenworth, and Lawrence, Kans., on Quimby St. Portland, Oregon, of a por­ Toll Bridge to junction U. S., Highway the one hand, and, on the other, the tion of the operating rights of ARROW­ 46, thence over U. S. Highway 46 to 832nd Supply Depot and the Forbes HEAD FREIGHT LINES, LTD., 2222 E. junction New Jersey Highway 69, thence Army Air Base, serving no intermediate 38th St., Los Angeles- 58, Calif., and for over New Jersey Highway 69 to plant of points. Vendee is authorized to operate acquisition by E. W. A. PEAKE and in Missouri and Kansas. Application WANDA PEAKE, both of Hollywood, Tung Sol Electric, Inc., Washington, Calif., PEERLESS, INC., LELAND N. J., and return over the same route, has not been filed for temporary au­ JAMES and ERIC RENDAHL, all of serving all intermediate points. Appli­ thority under Section 210a Ob). Portland, of control of the rights through cant is authorized to conduct operations No. MC-F 6064.. Authority sought for the purchase. Applicant’s attorney: in New Jersey, New York, Pennsylvania, control by BUCK EXPRESS, INC., 2800 William B. Adams, Pacific Bldg., Port­ Virginia and the District of Columbia. Paxton St., Harrisburg, Pa., of the oper­ land 4, Oregon, and W. S. Pilling, P. O. No. MC 94214 Sub 3, filed September ating rights and property of BINGA- Box 3618, Portland 8, Oregon. Operat­ 8, 1955, SHAPIRO LIMOUSINE SERV­ MAN MOTOR EXPRESS CO., INC., 16 ing rights sought to be transferred: ICE, INC., 7419 20th Ave., Brook­ Bridge Arch, New York, N. Y., and for Mud compounds and mud treating com­ lyn 4, N. Y. Applicant’s representative: acquisition by A. L. BUCH, SONDE’LL pounds, ground clay, extract of que­ Charles H. Trayford, 155 East 40th COLEMAN, and RAYMOND BUCH, all bracho, processed sand, common salt, Street, New York 16, N. Y. For author­ of Harrisburg, Pa., of control of such barium sulphate, caustic soda, pyro­ ity to operate as a common carrier, over rights and property through the trans­ phosphates, and cottonseed hulls, as a irregular routes, transporting: Passen­ action. Applicant’s attorney: William common carrier, over irregular routes, gers and their baggage, in special oper­ Biederman, 280 Broadway, New York 7, from points in Kern, Kings, Los Angeles, ations, in non-scheduled, door-to-door N. Y. Operating rights sought to be San Bernardino, Orange, and Ventura service, limited to the transportation of controlled: General commodities, with Counties, Calif., to certain points in not more than six passengers in any certain exceptions including household Nevada; logging, mining, farming, and one vehicle, but not including the driver goods, as a common carrier over regular road building machinery, dredges, con­ thereof and not including children under routes, between Reading, Pa., and New tractor’s equipment, heavy machinery, ten years of age who do not occupy a York, N. Y., and the boundarys of the structural steel, storage tanks, prefabri­ seat or seats, during the season extend­ United States and Canada at points near cated iron and steel products, contrac­ ing from the 15th day of May to the 30th Niagara Falls, N. Y., and Rouses Point, tors’ outfits, and contractors’ supplies, day of September, inclusive, between N. Y., serving certain intermediate and from, to and between certain points in New York, N. Y., and Callicoon Town­ off-route points. Buch Express, Inc., is Idaho, Oregon, Washington and Nevada. ship, located in Sullivan County, N. Y. authorized to operate in Pennsylvania, Vendee is authorized to operate in Cali­ Applicant is authorized to conduct oper­ New York, Maryland, New Jersey, Vir­ fornia, Idaho, Illinois, Iowa, Minnesota, ations in New York. ginia, Delaware, and the District of Co­ lumbia. Application has been filed for Montana, Nevada, North Dakota, Ore­ No. MC 115530, filed July 26,1955, pub­ gon, Utah, Washington, Wisconsin, and lished in the September 8, 1955 issue on temporary authority under Section 210a Page 6598, amended September 12, 1955, (b). Wyoming. Application has not been JOHN W. PATTERSON, Hilton Head, No. MC-F 6071.' Authority sought for filed for temporary authority under Sec­ «j C. For authority to operate as a com­ purchase by BAGGETT TRANSPORTA­ tion 210a (b). mon carrier, over a regular route, trans­ TION COMPANY, 2 S. 32nd St., Bir­ No. MC-F 6073. Authority sought for porting: Passengers, between Hilton mingham, Ala., of portion of the control by CEMENT DISTRIBUTORS, «eaa, s. C., and Savannah, Ga., from operating rights and certain property INCORPORATED, 5200 E. Marginal 7094 NOTICES Way, Seattle, Wash., of the operating Central Bldg., Seattle, Wash. Operating been filed for temporary authority undpr rights and property of ADAMS TRANS­ rights sought to be controlled: Cement, Section 210a (b). er PORT, INC., E. 12205 Empire Way, Spo­ as a common carrier, over irregular kane, Wash., and for acquisition by routes, from, to, and between certain By the Commission. A. L. CHANDLER and W. D. CHANDLER, points in Washington, Idaho, Oregon, [seal] H arold D. McCoy, both of Seattle, of control of the rights and Montana. Cement Distributors, Secretary. and property through the transaction. Inc., is authorized to operate in Oregon Applicant’s attorney: George H. Hart, 827 IP. R. Doc. 55—7634; Plied, Sept. 20, 1955* and Washington. Application has not 8:49 a. in.]