VOLUME 22 NUMBER 32

Washington, Friday, February 15, 1957

TITLE 5— ADMINISTRATIVE ment must be submitted to CCC within CONTENTS PERSONNEL a period of 210 days after expiration of the specified delivery period or any ex­ Agricultural Marketing Service Pase Chapter I— Civil Service Commission tension thereof. Rules and regulations: Basis and purpose of Amendment 3. P art 6— E x c e p t io n s F rom C o m pet itiv e Asparagus, canned; U. S. stand- Section 11.8 (d) (8) provides that drafts ards for grades; correction__ _ 946 S ervice drawn by banking institutions on CCC Potatoes, Irish, limitations of DEPARTMENT OF STATE shall be presented not later than 180 days shipments______946 after expiration of the delivery period Tomatoes, import restrictions_ 946 Effective upon publication in the specified in the applicable purchase au­ F ederal R eg ister , paragraph (j) (6) of thorization or any extension thereof Agricultural Research Service § 6.302 is rooked. granted by the Administrator. Proposed rule making: (R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. The purpose of Amendment 3 is to North Carolina and South Car­ 631, 633) increase the period of time for presenta­ olina ; nptice of resumption Qf U n ited S tates C iv il S erv­ tion to 210 days after expiration of the public hearing bn quarantin­ ic e C o m m issio n , specified delivery period or any exten­ ing on account of dangerous [ seal] W m . C. H u l l , sion thereof. disease of corn and other Executive Assistant. Basis and purpose of Amendment 4. crops------______954 Rules and regulations: [F. R. Doc. 57-1212; Filed, Feb. 14, 1957; Section 11.9 (a) provides that drafts 8:55 a. m.] drawn on CCC and requests submitted to Sanitary control of animal by­ CCC for reimbursement shall be sup­ products (except casings), ported by certain required documents. and hay and straw, offered for TITLE /— AGRICULTURE The purpose of Amendment 4 is to add entry into U. S.; importation a paragraph listing as a required docu­ of certain cloth and burlap Subtitle A— Office of the Secretary of ment the signed original of CCC Form from rinderpest or foot-and- Agriculture 329-3 “Statement of Transmittal of mouth disease countries___ _ 947 Ocean Bills of Lading”. Agriculture Department P art 11—S ales o f Agricultural C o m ­ Basis and purpose of Amendment 5. See also Agricultural Marketing i m o d itie s for F oreign C u rrencies Section 11.9 (c) of the regulations pre­ Service; Agricultural Research S ubpart A—R egulations G overning th e scribes the contents of CCC Form 329, Service.. F in an cin g o f C omm ercial S ales of “Supplier’s Certificate”. Rules and regulations: S u rplus A gricultural C o m m odities The purpose of Amendment 5 is to Sales of agricultural commod­ for F oreign C urren cies amend paragraph 6 of the certificate to ities for foreign currencies 943 eliminate the certification that net dis­ miscellaneous amendm ents patch earnings are for the account of the Civil Aeronautics Administra­ Basis and purpose of Amendment 1. supplier, and to provide that information tion Section 11.4 (d) (7) of the regulations with respect to agents’ commissions need Rules and regulations: provides that demurrage and dispatch not be filled in on any copies of the Minimum en route IFR alti­ at point of discharge shall be for the invoice-and-contract abstract (reverse tudes; miscellaneous amend­ account of the supplier except that the side of CCC Form 329) furnished by the ments______-_ 947 export sales contract may provide that supplier to the importer. Civil Aeronautics Board net demurrage at point of discharge shall Basis and purpose of Amendment 6. Notices : be for the account of the importer. Section 11.10 (m) provides that banking Los Angeles Air Service, Inc.; The purpose of Amendment 1 is to institutions shall not finance the trans­ notice of prehearing confer- eliminate the prohibition against the action unless the documentation bears ence------964 the appropriate purchase authorization importer earning dispatch in excess of Civil Service Commission demurrage at point of discharge under number and evidences delivery within export sales contracts where ocean the delivery period specified in the pur­ Rules and regulations : freight is financed as part of the com­ chase authorization. State Department; exceptions modity price. The purpose of Amendment 6 is to from competitive service___ _ 943 Basis and purpose of Amendment 2. make it clear that the extent of the Commerce Department Section 11.7 (b) (3) of* the regulations banking institution’s responsibilities See Civil Aeronautics Administra­ provides that application for reimburse­ with respect to the delivery period speci­ tion; Federal Maritime Board. ment for supplemental payment under fied in the purchase authorization, is to Defense Mobilization Office the direct reimbursement method of ascertain that the shipping documents Notices: financing must be made within 180 days evidence delivery within the prescribed period.^ Appointees’ statements of from the date of reimbursement for the changes in business in ter - initial payment by CCC. The Regulations Governing the Fi­ ests: "Hie purpose of Amendment 2 is to re­ nancing of Commercial Sales of Surplus Baker, Geoffrey- ______967 quire that any requests for reimburse­ (Continued on p. 945) Blackman, Harold S______966 943 944 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Federal Communications Com­ Pag© Land Management Bureau—- page FEDERAURREGISTER mission Continued Notices: Notices—Continued Hearings, etc.: - California, small tract classifi­ Published daily, except Sundays, Mondays, Dowdy, Charles W., a n d cations (2 documents)------965 and days following official Federal holidays, *’ * Thomas D. Pickard------958 Public Health Service by the Federal Register Division, National E rw ay Broadcasting Corp. Rules and regulations: Archives and Records Service, General Serv­ (WAYE)------Etiologie agents, shipment of— 954 ices Administration, pursuant to the au­ Morrison Cab Co—------th o rity contained in th e Federal Register Act, New Jersey Exchanges, Inc. Securities and Exchange Corn- approved July 26, 1935 (49 Stat. 500, as 960 mission amended; 44 U. S. C., eh. 8B), under regula­ (KEC738)------tions prescribed by thè Administrative Com­ Television D i a b l o , Inc. Notices : mittee of the Federal Register, approved by (KOVR) ------958 Hearings, etc.: the President. Distribution is made only by Washington Broadcasting Co. * American Can Co______967 the Superintendent of Documents, Govern­ et al ------—-- 959 Boeing Airplane Co— 968 m en t P rin tin g Office, W ashington 25, D. C.' Watchtower Bible and Tract California-Utah Petroleum & The F ederal R egister will be furnished by Society of New York, Inc., Uranium Co_------— _— 967 mail to subscribers, free of postage, for $1.50 Colgate-Palmolive Co— ____ 968 per month or $15.00 per year, payable in and Tele-Broadcasters of advance. The charge for individual copies New York, Inc__—------962 Corn Products Refining Co— 968 (minimum 15 cents) varies in proportion to Proposed rule making: General Dynamics Corp.___ 968 the size of the issue. Remit check or money Television broadcast stations; Monsanto Chemical Co__ :— 968 order, made payable to the Superintendent Chattanooga, Tenn.-Rome, Owens-Illinois Glass Co___ _ 969 of Documents, directly to the Government Ga.; table of assignments— 956 Sperry Rand Corp.______969 P rin tin g Office, W ashington 25, D. C. Texas Co______———— 969 The regulatory material appearing herein Federal Maritime Board Is keyed to the Code o f F ederal R egulations, Notices: Treasury Department which is published, under 50 titles, pursuant Agreements filed with Board for See Internal Revenue Service. to section 11 of the Federal Register Act, as am ended A ugust 5, 1953. The Code o f F ed­ approval: Veterans Administration # eral R egulations Is sold by the Superin­ American Export Lines, Inc., ... Rules and regulations: tendent of Documents. Prices of books and et al------yo * Dependents and beneficiaries pocket supplements vary. Mid Brazil/United States- ... claims; dependency and in- There "are no restrictions on the re­ Canada Freight Conference. demnity compensation. _—_— 951 publication of material appearing in the North Brazil/United States- F ederal R egister, or th e C ode o f F ederal 0— Veterans claims; miscellaneous Canada Freight Conference- 9&t> amendment... __ .....—... 951 R egulations. Railway Express Agency, Inc., and Trailer Marine Trans­ Wage and Hour Division portation, Inc— — 957 Rules and regulations: Pacific Coast-Hawaii and At- Cement industry in Puerto CFR SUPPLEMENTS lantic/Gulf-Hawaii general Rico ______------951 (As of January 1, 1957) increase in rates; hearing— 957 Clay and clay products indus­ Federal Power Commission try in Puerto Rico------:__i— 950 The following Supplements are now Notices: \ available: Hearings, etc.: CODIFICATION GUIDE Title 7, Parts 900-959 ($0.50) Cole, H. S., Jr., et al------958 Stanolind Oil & Gas Co—__— qeo A numerical list of the parts of the Code Title 18 ($0.50) y „ of Federal Regulations affected by documents Texas Gas Corp._.------— 9&‘ published in this issue. Proposed rules, as Title 21 ($0.50) opposed to final actions,, are identified as Title 26, Parts 1-79 ($0.35) Food and Drug Administration Proposed rule making: such. Order from Superintendent of Documents, Drugs exempted from prescrip­ Title 5 Page Government Printing Office, Washington tion-dispensing requirements Chapter I: 25, D. C. of Federal Food, Drug, and Cosmetic Act (2 documents) - ggg Part 6— ------...------943 Health, Education, and Welfare Title 7 Subtitle A: CONTENTS— Continued Department Part 11______: ------—. 943 See Food and Drug Administra­ Chapter I: Defense Mobilization Office—• Page tion; Public Health Service. Part 52______946 Continued Interior Department Chapter IH: Notices—Continued See Land Management Bureau. Part 301 (proposed)------— 954 Appointees’ s t a t e m e n t s of Internal Revenue Service Chapter IX: changes in business inter­ Proposed rule making : Part 970...... —— ------946 ests—Continued Warehousing of distilled spirits; Part 1065____ 946 Brownlee, James F------—— ggi consolidation of packaged Carson, Gordon B— ——- ggg spirits; correction—.------954 Tlt,e 9 Dargusch, Carlton S—------— yo Chapter I: Henle, Peter------—-— 966 Interstate Commerce Commis- Part 95___ —------— 947 Holub, David C------966 sion Title 14 LeSauvage, G. R------— 966 Notices: Chapter II: McCarthy, Russell C_------966 Fourth section applications for 964 Part 610— ------947 Ogden, Chester F-----%------967 relief_——------Powers, Phillip N------Q®? Labor Department Title 21 Reeves, E. D------Viz. See Wage and Hour Division. Oiiftptcr I • Reid, Thomas R------—— S l .o o Part 130 (proposed) (2 docu­ Ruttenberg, Stanley------966 Land Management Bureau m e n ts)...------— — * 955 967 Notices: Taylor, James H— ------—- Title 26 (1954) Walsh, Maurice C------— 966 Administrative offiper et al.; 965 Area I; delegation of author- Chapter I: Webster, William—— ------965 Part 225 (proposed)------— 954 Wellford, R. Carter— ------966 ity, amendment...— ------Friday, February 15, 1957 FEDERAL REGISTER 945 CODIFICATION GUIDE— Con. b. Present subparagraph (8) is re­ ulations of the U. S. Department of Agricul­ numbered subparagraph (9). ture or in the purchase authorization. Title 29 Pag® (11) The supplier has complied with the 5. Paragraph (c) of § 11.9 Documenta­applicable requirements of said regulations, Chapter V: tion is hereby amended to read as and has allowed all discounts, including dis­ Part 662______950 follows: counts for quantity purchases and prompt Part 700____ 950 payment, customarily allowed his other cus­ Title 38 (c) The supplier's certificate is as tomers similarly situated. follows: (12) If the supplier is an ocean carrier, Chapter I: he shall riot be deemed to certify to para­ Part 3___ 951 Comm odity Credit Corporation F orm 329 (November 15, 1956) graph (2) in the case of c. & f. or c. i. f. Part 4_____ £______951 transactions or to paragraph (5), (6), (7), Title 42 su pplier’s certificate (8), (9), (10), and (11) but instead certifies Chapter I: The supplier hereby acknowledges notice that the rate indicated on the reverse of this Part 72______¿.______954 that the sum indicated on the accompanying form for ocean transportation does not exceed invoice as claimed to be due and owing under the prevailing rate for similar freight con­ Title 47 the terms of the underlying contract, is to be tracts or the rate paid to the supplier for Chapter I: paid out of funds made available by the similar services by other customers similarly Part 3 (proposed) _____ 956 Commodity Credit Corporation under the situated; that address commissions have not Agricultural Trade Development ànd Assist--' and will not be paid; that brokerage comiriis- ance Act of 1954, as am ended, and fu rth e r sions in excess of 2 percent of the freight charged have not and will not be paid; and Agricultural Commodities for Foreign certifies and agrees with CCC as follows: (1) The supplier is entitled under said that the names of all parties participating in Currencies (21 F. R. 1431) are hereby the brokerage commission are shown on the contract to the payment of the claimed sum, charter party. amended as follows : and he will promptly make appropriate re­ 1. Paragraph (d) (7) of, §11.4 Pur­ fu n d to th e CSS Office nam ed in th e purchase (13) The supplier has filled in the appli­ chase authorizations is hereby amended authorization for any breach by him of the cable portions of the invoice-and-contract to read as follows: terms of this certificate. abstract on the reverse hereof, certifies to (2) Payment of damages for breach of the correctness of the information shown (7) Ocean freight financed as part of said contract and of adjustment refunds therein, and will furnish promptly to the the commodity price. Ocean freight will arising out of the terms of the contract or CSS Office, upon request, such additional in ­ be financed as part of the commodity the customs of the trade shall be made, in form ation in such form as th e CSS Office m ay cost only to the extent specifically pro­ United States dollars, for the account of the require concerning price or any other details vided in the applicable purchase authori­ party entitled to such payment and, unless of the contract. zation. In the absence of a specific otherwise provided in the purchase authori­ zation, shall be remitted to the banking insti­ (Date) provision in the applicable purchase tution to which the supplier presented the authorization, the cost of ocean freight documents covering the original transaction. (Name of Supplier) will not be financed by CCC as part of (3) The supplier is the producer, proces­ the commodity price and must not be sor, or exporter of, or a regular dealer in, the ( Authorized signature ) covered by the net invoice price. Dis­ commodity, or is the ocean, carrier who fur­ charge costs on shipments under any nished transportation under said contract, v (T itle) export sales contracts where ocean and has not employed any person to obtain No te: Any amendments, deletions of appli­ said contract under any agreement for a cable provisions, or substitutions will invali­ freight is being financed as part of the date this certificate. commodity price may be for the account commission, percentage, or contingent fee, except to the extent, if any, of the payment Before executing the supplier’s certificate, of the vessel only when in accordance of a commission to a bona fide -established the supplier shall fill in the invoice-and- with trade custom. commercial or selling agent employed by the contract abstract on the reverse side in ac­ supplier as disclosed on the reverse of thin cordance with the instructions printed on 2. Paragraph (b) (3) of § 11.7 Methods form . the form. The information required by the of financing is hereby amended to read (4) The supplier has not given or re­ abstract is generally as follows : as follows: ceived and will not give or receive by way of (1) Invoice Information, including the supplier’s name and address, the importer’s (3) Unless otherwise specifically pro­ side payment, "kickbacks”, or otherwise, any benefit in connection with said contract ex­ name and address, and detailed billing and vided in the purchase authorization, all cept as is disclosed on the reverse of this shipping data. requests for reimbursement supported form, or as is the result of the adjustments (2) Information relating to agents’ com­ by the required documentation shall be referred to in paragraph (2) above. missions paid or to be paid. This informa­ submitted to CCC not later than 210 (5) Unless authorized by the applicable tion with respect to agents’ commissions days after expiration of the delivery purchase authorization, the net invoice price need not be filled in on any copies of CCC period specified in the applicable au­ does not contain any amount to cover the Form 329 to be furnished by the supplier to thorization or any extension thereof cost of ocean freight or insurance. the importer. granted by the Administrator. ' (6) If the applicable purchase authoriza­ (3) Contract and price information ex­ tion so authorizes and the export sales con­ pressed in dollars including a reconciliation 3. Paragraph (d) (8) of § 11.8 Letters tract requires payment by the supplier of of the contract and invoice prices applicable. of commitment to "banking institutions ocean freight, discharge costs are for the account of the vessel only if in accordance 6. Paragraph (m) of § 11.10 Respon­ is hereby amended to read as follows: with trade customs, sibilities of banking institutions in con­ (8) Unless otherwise specifically pro­ (7) If the applicable purchase authoriza- nection with letters of commitment vided in the letter of commitment, drafts tion so authorizes and the export sales con* issued to them is amended to read as drawn by banking institutions on CCC tract requires payment by the supplier of follows: insurance, the policies of insurance con­ shall be presented not later than 210 tain a provision requiring the underwriter (m) Section 11.13 contains provisions days after expiration of the delivery to notify th e CSS Office of any claim paid. concerning use of the purchase authori­ period specified in the applicable pur­ (8) If the supplier is the producer, or zation number, placement of orders, and chase authorization or any extension processor of a commodity, said contract is delivery dates. Banking institutions thereof granted by the Administrator. not a cost plus-a-percentage-of-cost contract. financing transactions under letters of (9) On the basis of information obtained commitment are not required to assume 4. a. Paragraph (a) of § 11.9 Docu­ from such sources as are available to the mentation is hereby amended to add a supplier, and to the best of his information responsibility for compliance with this subparagraph (8) to read as follows: and belief, the commodity was grown in the section, but shall not finance the trans­ United States and, if processed, such process­ actions unless the documentation bears (8) Signed original of CCC Form the appropriate purchase authorization 329-3 “Statement of Transmittal of ing was performed in the United States. Ocean Bills of Lading” showing that (This certification is not required where the number and the shipping documents evi­ two non-negotiable copies (or photo­ commodities exported were the identical com­ dence delivery within the delivery period modities purchased from CCC.) specified in the purchase authorization. stats) of the on-board ocean bill of (10) On the basis of information obtained lading have been forwarded to the Ad­ from such sources as are available to the (Sec. 102, 68 S tat. 455; 7 U. S. C. 1702. E. O. ministrator, Foreign Agricultural Service, supplier, and to the best of his information 10560, 19 F. R. 5927, 3 CFR, 1954 Supp.) Washington 25, D. C.t as required by 511.4 (d) (9). • and belief, his sales price is no higher than Effective date. These amendments the maximum specified in the applicable reg- shall become effective upon publication 946 RULES AND REGULATIONS

in the F ederal R egister as to purchase information, It is hereby found that the the requirements of this section, no per­ authorizations originally issued on and amendment to the limitation of ship­ son shall import any tomatoes unless after the date of such publication. Pur­ ments, as hereinafter provided, will tend such tomatoes are of a diameter greater chase authorizations originally issued to effectuate the declared policy of the than 2 Vs inches and meet the require­ prior to such date of publication shall ments of U. S. Combination, or better, continue to be subject to the provisions (b) It is hereby found that it is im­grade except that tomatoes which are of of this subpart applicable thereto prior practicable and contrary to the public a diameter greater than 2%2 inches may to these amendments unless these interest to give preliminary notice, en­ be imported if they meet the require­ amendments are made applicable to gage in public rule making procedure, ments of the U. S. No. 2, or better, grade. such purchase authorizations by amend­ and postpone the effective date of this 2. Delete paragraph (b), and renum­ ment or modification of such purchase amendment until 30 days after publica­ ber paragraphs (c), (d), (e), and (f) as authorizations. tion in the F ederal R egister (5 U. S. C. paragraphs (b>, (c), (d), and (e), re­ 1001 et seq.) in that (1) the time inter­ Done at Washington, D. C., this 12th spectively. vening between the date when informa­ 3. Amend newly renumbered para­ day of February 1957. Witness my hand tion upon which this amendment is based and the seal of the Department of Agri­ graph (d) (6) (formerly (e) (6)), to became available and the time when read as follows; culture. this amendment must become effective [se a l ] T rue D. M orse, Jn order to effectuate the declared policy (6) The following shipping point tol­ Acting Secretary. of the act is insufficient, (2) more orderly erances, applicable to the U. S. Combi­ marketing in the public interest, than nation, and the U. S. No. 2 grades, re­ [F. R. Doc. 57-1177; Filed, Feb. 14, 1957; spectively, shall apply to all inspections 8:49 a. m.] would otherwise prevail, will be pro­ moted by regulating the shipment of performed on tomatoes prior to or upon potatoes, in the manner set forth below, entry into the United States: on and after the effective date of this (i) U. S. Combination. “At shipping amendment, (3) compliance with this point (or in shipments from outside the Chapter I— Agricultural Marketing amendment will not require any special continental United States when in­ Service (Standards, Inspections, preparation on the part of handlers spected at points of entry) not more than Marketing Practices), Department which cannot be completed by the effec­ a total of 10 percent, by count, for to­ of Agriculture tive date, (4) reasonable time is per­ matoes in any lot which fail to meet the mitted, under the circumstances, for such requirements of the U. S. No. 2 grade: P art 52— P rocessed F ru its and V egeta­ preparation, (52 information regarding Provided, That not more than one-tenth bles, P rocessed P roducts T h e r e o f, the committee’s recommendations has of this amount, or 1 percent, shall be and C ertain O ther P rocessed F ood been made available to producers and allowed for tomatoes which are soil) or P roducts handlers in the production area, and (6) affected by decay;” and SUBPART— UNITED STATES STANDARDS FOR this amendment relieves restrictions on (ii) U. S. No. 2. “At shipping point GRADES OF CANNED ASPARAGUS the handling of potatoes grown in the (or in shipments from points outside the continental United States when in­ Correction production area. Order, as amended. The provisions of spected at points of entry) not more In Federal Register Document 57-1017, paragraph (b) (1) of § 970.303, as than a total of 10 percent, by count, for published at page 805 in the issue for amended (21 F. R. 6911, 8232; 22 F. R. tomatoes in any lot which fail to meet Saturday, February 9, 1957, paragraph 544), are hereby amended by adding the the requirements of this grade: Provided, (a) of § 52.2556 should read as follows: following proviso at the end thereof: That not more than one-tenth of this amount, or 1 percent, shall be allowed § 52.2556 Definitions and explana­ “ : Provided, That beginning on February 18, 1957, potatoes of such long varieties for tomatoes which are soft or affected tions of terms—(a) Head. Head in cut by decay.” spears means the tip end which has been that are in packs of 50 pounds, or more, cut from an asparagus shoot which is may be shipped if such potatoes are at 4. Amend newly renumbered para­ % inch or more in length with respect to least ‘fairly clean’.” graph (e)(1) (formerly (f) (1)) toread the green type and which is % inch or (Sec. 5, 49 S tat. 753, as amended; 7 as follows: more in length with respect-to green Ü. S. C. 608c) (e) Definitions. (1) The terms “U. S. tipped and white and .white types, or the Dated: February 12, 1957, to become Combination”, and “U. S. No. 2” shall upper portion of a spear which possesses effective February 18,1957. have the same meaning assigned these a substantial amount of head material terms in the United States Standards for which has been cut from near the tip [ seal] S. R. S m it h , Fresh Tomatoes (21 F. R. 9559). Director, Fruit and Vegetable end and which is approximately the same It is hereby found that it is impracti­ length as the other cut units. Division, Agricultural Mar­ keting Service. cable, unnecessary, and contrary to the public interest to give preliminary notice, [F. R. Doc. 57-1213; Filed, Feb. 14, 1957; engage in public rule making procedure, 8:55 a. m.] and postpone the effective date of this Chapter IX— Agricultural Marketing amendatory regulation beyond that Service (Marketing Agreements and herein specified (5 U. S. C. 1001 et seq.) Orders), Department of Agriculture in that (i) the requirements established [Tom ato Reg., Amdt. 1] [970.303 Amdt. 3] by this amended import regulation are P art 1065—T omatoes issued pursuant to section 8e of the P art 970—I r is h P otatoes G r o w n in Agricultural Marketing Agreement Act M aine MISCELLANEOUS AMENDMENTS of 1937, as amended (48 Stat. 31, as LIMITATION OF SHIPMENTS Pursuant to the requirement contained amended; 7 U. S. C. 601 et seq.; 68 Stat. in section 8e of the Agricultural Market­ 906, 1047), which makes such regulation Findings, (a) Pursuant to Marketing ing Agreement Act of 1937, as amended mandatory; (ii) the same regulations Agreement No. 122 and Order No. 70 (7 (48 Stat. 31, as amended; 7 U. S. C. 601 are now in effect on domestic shipments CFR Part 970), regulating the handling et seq.; 68 Stat. 906, 1047), § 1065.2 To­ of tomatoes under Marketing Agreement of Irish potatoes grown in Maine, effec­ mato Regulation No. 2 (22 F. R. 811) is No. 125 and Order No. 45 (7 CFR 945.303; tive under the applicable provisions of hereby amended as follows: 22 F. R. 757, 812); (iii) compliance with the Agricultural Marketing Agreement 1. Amend paragraph (a) Import re­ this tomato import regulation should not Act of 1937, as amended (48 Stat. 31, as strictions to read as follows: / require any special preparation by im­ amended; 7 U. S. C. 601 et seq.), and porters which cannot be completed by upon the basis of the recommendàtion (a) Import restrictions. During the period from February 14, 1957, through the effective date; (iv) this amendment and information submitted, by the Maine imposes less severe restrictions on the Potato Marketing Committee, estab­ March 9, 1957, and subject to CFR Part lished pursuant to said marketing agree­ 1060 of this subchapter applicable to the importation of tomatoes than would be ment and order, and upon other available importation of listed commodities and imposed by § 1065.2 Tomato Regulation Friday, February 15, 1957 FEDERAL REGISTER 947 No. 2 (22 F. R. 811) if it were not ment under the direction of an inspector From La Habra INT, Calif.; to Fairgrounds amended; and (v) the regulations hereby in a manner approved by the Chief of INT, Calif. N ortheastbound, MEA 12,000; established for tomatoes that may be Branch to guard against the dissemina­ southeastbound MEA 4,000. imported ini» the United States are tion of foot-and-mouth disease and From Fairgrounds INT, Calif.; to Daggett, equivalent or comparable to those im­ rinderpest, and the material shall not be Calif. LFR; MEA 12,000. posed upon domestic tomatoes under the removed therefrom, except upon special Section 610.107 Amber Civil Airway 7 aforesaid marketing agreement and permission of the Chief of Branch, until is amended to read in part: order. all of the conditions and requirements of From Relay INT, Md.; to Lock Raven INT, (Sec. 5, 49 S tat. 753, as am ended; 7 U. S. C. this section have been complied with. Md.; MEA 2,000. 608c. Interprets or applies sec. 401, 68 Stat. 906, 1047; 7 TJ. S. C. 608e) Previous regulations provided that Section 610.113 Amber Civil Airway 13 cloth or burlap used to cover fresh or is amended to delete: Dated: February 12, 1957. frozen rrteats originating in countries where rinderpest or foot-and-mouth dis­ From Riverdale, Md., LF/RBN; to Balti­ [seal] s. R. S m it h , more, Md. LFR; MEA 1,500. Directoir, Fruit and Vegetable ease exists, was'prohibited entry into this From Baltimore, Md., LFR; to INT. N Division, Agricultural Mar­ country. Under this amendment this course Baltimore and SW course Phila­ keting Service. material may be imported under certain delphia, LFR; MEA 2,000. specified restrictions. From INT. N course Baltimore and SW [F. R. Doc. 57-1214; Filed, Feb. 14, 1957; This amendment relieves certain re­ course Philadelphia, LFR; to Philadelphia, 8:55 a. m.] strictions on the importation of cloth and Pa., LFR; MEA 1,800. From Philadelphia, Pa., LFR; to N. Phil­ burlap and must be 'made effective im­ adelphia, Pa., LFR; MEA 1,800. mediately to be of maximum benefit to From N. Philadelphia, Pa., LFR; to Newark, TITLE 9—-ANIMALS AND affected persons. Accordingly, pursuant N. J., LFR; MEA 1;500. - ANIMAL PRODUCTS to section 4 of the Administrative Proce­ dure Act (5 U. S. C. 1003), it is found Section 610.114 Amber Civil Airway 14 Chapter I— Agricultural Research upon good cause that notice and other is amended to delete: Service, Department of Agriculture public procedure concerning this amend­ From Riverdale, Md., LF/RBN; to Ellicott ment are impracticable and contrary to City INT, Md.; MEA 2,000. • [B. A. I. Order 371, Arndt. 6] the public interest, and good cause is From Ellicott City INT, Md.; to Westminis­ found for making the amendment effec­ ter INT, Md.; MEA 2,000. P art 95—S anitary C ontrol o p A nim al tive less than 30 days after publication in From Westminister INT, Md.; to Lancaster, B yproducts (E xcept C a sin g s) , and Pa., LF/RBN; MEA 2,000. the F ederal R eg ister. Such notice and H ay and,.S traw, O ffered for E n try hearing are not required by any other From Willow Grove, Pa. LFR; to Belle Mead I n to t h e U n ited S tates INT, N. J.; MEA 1,700. statute. From Belle Mead INT, N. J.; to Chatham, importation -o f certain clo th and bur­ The foregoing amendment shall be­ N. J., LF/RBN; MEA 2,000. lap FROM RINDERPEST OR FOOT-AND- come effective upon publication in the MOUTH DISEASE COUNTRIES Section 610.115 Amber Civil Airway 15 F ederal R egister. is amended to delete: Pursuant to the authority vested in (Sec. 2, 32 S tat. 792, as am ended; 21 U. S. C. From Riverda^ Md., LF/RBN; to Balti­ the Secretary of Agriculture by section Ill) m ore, Md., LFR; MEA 1,500. 2 of the act of February 2, 1903, as From Baltimore, Md. LFR; to Int. N course amended (21 U. S. C. Ill) , § 95.23 of the Done at Washington, D. C., this 11th Baltimore and SW course Philadelphia, LFR; regulations governing the sanitary con­ day of February 1957. MEA 2,000. trol of animal byproducts (except cas­ M . R . C larkson, From Int. N course Baltimore and SW course Philadelphia, LFR; to Philadelphia, ings), and hay and straw, offered for Acting Administrator, Pa., LFR; MEA 1,800. entry into the United States (9 CFR Agricultural Research Service. From Philadelphia, Pa., LFR; to Mt. Holly 95.23) is hereby amended to read as [F. R. Doc.. 57-1176; Filed, Feb. 14, 1957; INT, N. J.; MEA 1,800. follows: 8:49 a. m.] From Mt. Holly INT, N. J.; to Freehold INT, N, J.; MEA 1,500. § 95.23 Previously used meat covers; From Freehold INT, N. J.; to Idlewild, N. Y., importations permitted subject to re­ LFR; MEA 1,500. strictions. Cloth or burlap which has TITLE 14— CIVIL AVIATION been used to cover fresh or frozen meats Section 610.119 Amber Civil Airway 19 originating in any country designated Chapter II— Civil Aeronautics Admin­ is amended to delete: in § 94.1 of this subchapter as a country istration, Department of Commercé From Riverdale; Md., LF/RBN; to Balti­ in which rinderpest or foot-and-mouth [Arndt. 131 m ore, M d.,LFR; MEA 1,500. disease exists, shall not be imported ex­ From Baltimore, Md., LFR; to Int. N course cept under the following conditions: P art 610—M in im u m e n R oute I F R Baltimore, Md., and SW course Philadelphia, (a) The cloth or burlap shall be con­ . , v A ltitudes LFR; MEA 2,000. From Int. N course Baltimore,. Md., and signed from the coast or border port of miscellaneous amendm ents SW course Philadelphia, LFR; to Philadel­ arrival to an establishment specifically The minimum en route IFR altitudes phia, Pa., LFR; MEA 1,800. approved for the purpose by the Chief appearing hereinafter have been coordi­ From Philadelphia, Pa., LFR; to Mt. Holly of the Branch. nated with interested members of the INT, N. J.; MEA 1,500. (b) The cloth or burlap shall be im­ industry in the regions concerned insofar From Mt. Holly INT, N. J.; to Freehold INT mediately moved from the coast or bor­ N. J.; MEA 1,500. as practicable. The altitudes are •From Freehold INT, N. J.; to Fiatbush INT, der port of arrival, or in case of I. T. or adopted without delay in order to pro­ N. Y.; MEA 1,500. in-bond shipments from the interior vide for safety in air commerce. Com­ From Fiatbush INT, N. J.; to La Guardia, port, to the establishment, in railroad pliance with the notice, procedures, and N. Y. LFR; MEA 2,500. cars or trucks, or in vessel compartments, effective date provisions of section 4 of with no other material contained Section 610.210 Red Civil Airway 10 is the Administrative Procedure Act would amended to read in part: therein, sealed with seals of the Depart­ be impracticable and contrary to the ment, which shall not be broken except public interest, and therefore is not re­ From Alvord INT, Tex.; to Dallas, Tex., by inspectors or other persons authorized quired. Part 610 is amended as follows: LFR; MEA 2,200. by the Chief of Branch: Provided, how­ (Listed items to be placed in appropriate Section 610.222 Red Civil Airway 22 is ever, That upon permission of the Chief sequence in the sections indicated)'. amended to read in part: of Branch, such cloth or burlap may be Section 610.102 Amber Civil Airway 2 stored for a temporary period in ap­ is amended to delete: From U. S. Canadian Border; to Buffalo, proved warehouses at the port of arrival N. Y., LFR; MEA 2,300. From San Pedro INT, Calif.; to Long Beach, under bond and under the supervision Çalif., LFR; MEA 4,000, Section 610.223 Red Civil Airway 23 is of an inspector. From Long Beach, Calif., LFR; to *La amended to read in part: (c) The material shall be disinfected H abra INT, Calif.; MEA 3,000. *10,000— From U. S. Canadian Border; to Buffalo, and otherwise handled at the establish­ MCA La Habra INT, northeastbound. N. Y., LFR; MEA 2,300. 948 RULES AND REGULATIONS Section 610.313 Red Civil Airway 113 From White Fish INT, 111., via E alter.; to From Warrior INT, Ala.; to Abernant INT, Taylor INT, 111., via E alter.; MEA *3,500. Ala.; MEA *3,500. *1,700—MOCA. is added to read: •2,000—MOCA. From Abernant INT, Ala.; to Anniston, From Makapuu Pt., T. H., LF/RBN; to Int. From Taylor INT, HI., via E alter.; to Racine Ala., VOR; MEA 3,000. 062 T bearing from Makapuu Pt., LF/RBN INT, Wis., via E alter.; MEA *3,000. *2,000— an d N course M aui, LFR; MSA 2,000. MOCA. Section 610.6019 VOR Civil Airway 19 From Racine INT, Wis., via E alter.; to is amended by adding: Section 610.1001 Direct Routes, U. S. •Oakwood INT, Wis., via E alter.; MEA From Pueblo, Colo., VOR via E alter.; to is amended by adding: **3,000. *3,000—MRA. **2,100—MOCA. Kiowa, Colo., VOR via E alter.; MEA 8,100. From Placerville INT, Calif.; to Sacramento, From Oakwood INT, Wis., via E alter.; to Calif., VOR; westbound only; MEA 7,000. ♦New Berlin INT, Wis., via E alter.; MEA Section 61Q.6026 VOR Civil Airway 26 From Yosemite INT, Calif.; to Modesto, **3,000. *3,500—MRA. **2,100—MOCA. is amended to delete: Calif., VOR; westbound only, MEA 8,000. From New Berlin INT, Wis., via E alter,; to Milwaukee, Wis., VOR via E alter.; MEA 2,300. From Redwood Falls, Minn., VOR via '_S From Orange Cove INT, Calif.; to Fresno, alter.; to »Prior INT, Minn., via S alter.; MEA Calif., VOR; westbound only, MEA 4,000. Section 610.6008 VOR^Civil Airway 8 **4,000. *4,000—MRA. **2,300—MOCA. is amended to read in part: From Prior INT, Minn., via S alter.; to Section 610.6003 VOR Civil Airway 3 Minneapolis, Minn., VOR via S alter.; MEA is amended to delete: From Denver, Colo., VOR via N alter.; to 2,500. From Raleigh-Durham, N. C., VOR; to Wiggins INT, Colo., via N alter.; MEA 6,600. From Minneapolis, Minn., VOR via-S alter.; Lawrenceviile, Va., VOR; MEA 1,800. From Wiggins INT, Colo., via N alter.; to to Eau Claire, Wis., VOR. via S alter.; MEA From Lawrenceviile, Va., VOR; to F lat Rock, Imperial, Nebr., VOR via N alter.; MEA 2,800. Va., VOR; MEA 1,500. *9,500. *7,000—MOCA. From Iowa City, Iowa, VOR via S alter.; Section 610.6026 VOR Civil Airway 26 Section 610.6003 VOR Civil Airway 3 is to Moline, 111., VOR via S alter.; MEA 2,100. is amended by adding: amended to read in part: From Moline, 111., VOR; to »Shabbona INT, 111.; MEA 2,100. *3,500—MRA. From Redwood Falls, Minn., VOR via S From In t. 016 T radial, W ashington, D. C., From Shabbona INT, 111.; to Sugar Grove alter.; to »Prior INT, Minn., via S alter.; TVOR & 104 T radial, Herndon, Va., VOR; to INT, 111.; MEA 2,100. MEA **4,000. *4,000—MRA. **2,300— H ereford INT, Md.; MEA *5,000. *2,000— From Sugar Grove INT, HI.; to Naperville, MOCA. MOCA. From ‘Prior INT, Minn., via S alter.; to 111., VOR; MEA 2,000. *‘Hastings INT, Minn., via S alter.; MEA Section 610.6003 VOR Civil Airway 3 is Section 610.6009 VOR Civil Airway 9 ***10,500. *10,500—MCA Prior INT, east- amended by adding: is amended to delete: bound and w estbound. * *5,000—MRA. ***2,200—MOCA. From Raleigh, N. C., VOR; to Chase City From Naperville, 111., VOR; to Milwaukee, From Hastings INT, Minn., via S alter.; to INT, Va.; MEA *3,000. *2,000—MOCA. Wis., VOR; MEA 2,500. M artell INT, Wis., via S alter.; MEA *5,000. From Chase City INT, Va.; to Flat Rock, From Naperville, HI., VOR via W alter.; to *2,400—MOCA. Va., VOR; MEA *2,500. *2,000—MOCA. Woodstock INT, Wis., via W alter.; MEA From Martell INT, Wis., via S alter.; to Section 610.6006 VOR Civil Airway 6 is 2,200. Eau Claire, Wis., VOR via S alter.; MEA From Woodstock INT, Wis., via W alter.; to 2,600. amended to read in part: Milwaukee, Wis., VOR via W alter.; MEA From Iowa City, Iowa, VOR, via S. alter.; 2,400. section 610.6030 VOR Civil Airway 30 to Moline, 111., VOR via S alter.; MEA 2,100. is amended to read in part: Section 610.6009 VOR Civil Airway 9 From Moline, 111., VOR; to ‘Shabbona INT, From ‘New Berlin INT, Wis., via S alter.; 111.; MEA 2,100. *3,500—MRA. is amended by adding: to ** Oakwood INT, Wis., via S alter.; MEA From Shabbona INT, 111.; to Sugar Grove From Naperville, 111., VOR; to Duhdee INT ***3,000. *3,500—MRA. **3,000—MRA. INT, 111.; MEA 2,100. 111.; MEA 2*500. •**2,100—MOCA. From Sugar Grove INT, 111.; to Naperville, From Dundee INT, 111.; to Hebron INT, 111.; From Oakwood INT, Wis., via S alter.; to 111., VOR; MEA 2,000. MEA *2,500. *2,200—MOCA. R acine INT, Wis., via S alter.; MEA *3,000. v Section 610.6007 VOR Civil Airway 7 is From Hebron INT, HI.; to Milwaukee, *2,000—MOCA. Wis., VOR; MEA *2,500. *2,400 MOCA. amended to delete: From Naperville, 111., VOR via W alter.; to Section 610.6038 VOR Civil Airway 38 From Chicago Heights, 111., VOR; to City ♦Genoa INT, 111., via W alter.; MEA 2,200. is amended to read in part: INT, 111, MEA 2,000. *2,600—MRA. From Iowa City, Iowa, VOR; to Buffalo From City INT, 111.; to *Lake Forest INT, From Genoa INT, HI.,, via W alter.; to M il­ INT, Iowa; MEA 2,100. 111.; MEA **3,000. *3,600—MRA. **2,500— waukee, Wis., VOR via W alter.; MEA 2,600. From Buffalo INT, Iowa; to ‘Annawan MOCA. INT, 111.; MEA **4,000. *4,000—MRA. From Lake Forest INT, 111.; to ‘Bristol INT, Section 610.6010 VOR Civil Airway 10 * *2,100—MOCA. Wis.; MEA **3,000. *3,000—MRA. **2,000— is amended to read in part: From Annawan INT, 111.; to Triumph INT, MOCA. 111.; MEA *6,000. *2,000—MOCA. From Bristol INT, Wis.; to ‘Wind Lake From Burlington, Iowa, VOR; to Bradford, From Triumph INT, HI.; to Joliet, 111., INT, Wis.; MEA **3,000. *3,&00—MRA. 111., VOR; MEA 2,100. VOR; MEA 2,000. **2,000—MOCA. From Wind Lake INT, Wis.; to Milwaukee, Section 610.6013 VOR Civil Airway 13 Section 610.6047 VOR Civil Airway 47 Wis., VOR; MEA 2,300. is amended to read in part: ♦ is amended to read in part: Section 610.6007 VOR Civil Airway 7 is From Neosho, Mo., VOR; to ‘Nevada INT, From Cincinnati, Ohio, VOR; to Camden amended by adding: Mo.; MEA 2,700. *3,000—MRA. INT, Ohio; MEA 3,000. From Nevada INT, Mo.; to Butler, Mo., From Camden INT, Ohio; to Englewood From Chicago Hgts., 111., VOR; to »Bull VOR; MEA 2,500. INT, Ohio; MEA 2,500. Head INT, 111.; MEA 2,500. *2,500—MRA. From Neosho, Mo., VOR via W alter.; to From Englewood INT, Ohio; to Dayton, From Bull Head INT, 111.; to *Papi INT, Butler, Mo., VOR via W alter.; MEA 2,700. 111.; MRA 2,500. *2,500—MRA. From Mason City, Iowa; to Hope INT, Ohio, VOR; MEA 2,300. From Papi INT, 111.; to *Taylor INT, Wis.; M inn.; MEA *4,000. *2,800—MOCA. Section 610.6062 VOR Civil Airway MEA **4,500. *4,500—MCA Taylor INT, From Hope INT, Minn.; to Lakeville INT, 62 is amended to read in part; southbound. **2,000—MOCA. M inn.; MEA *4,000. *2,600—MOCA. From Taylor INT, Wis.; to Racine INT, From Mason City, Iowa, VOR via W alter.; From Lubbock, Tex,, VOR; to Spur INT, Wis.; MEA *3,000. *2,000—MOCA. to ‘Prior INT, Minn., via W alter.; MEA Tex.; MEA *5,700. *4,500—MOCA. From Racine INT, Wis.; to ‘Oakwood INT, **4,000. *4,000—MRA. **2,600—MOCA. From Spin INT, Tex.; to Abilene, Tex., Wis.; MEA **3,000. *3,000—MRA. **2,100— Section 610.6015 VOR Civil Airway 15 VOR; MF.A *5,300. *3,600—MOCA. MOCA. From Oakwood INT, Wis.; to *New Berlin is amended to read in part: Section 610.6063 VOR Civil Airway INT, Wis.; MEA **3,000. *3,500—MRA. From Houston, Tex.,. VOR; to College Sta­ 63 is amended to delete: **2,100—MOCA. , tion, Tex., VOR; MEA *2,000. *1,800— From Burlington, Iowa, VOR; to Moline, From New Berlin INT, Wis.; to Milwaukee, MOCA. 111., VOR; MEA 2,300. Wis., VOR; MEA 2,300. From Moline, HL, VOR; to Janesville, Wis., From Chicago Heights, 111., VOR via E alter.; Section 610.6018 VOR Civil Airway 18 VOR via W alter.; MEA 2,200. to Beacon INT, 111., via E alter.; MEA 2,000. is amended to read in part: From Janesville, Wis., VOR via W alter.; From Beacon INT, 111., via E alter.; to •W hite Fish INT, 111., via E alter.; MEA 2,500. From Meridian, Miss., VOR to Warrior INT, to Milwaukee, Wis., VOR via W alter.; MEA * 3,500—MRA. Ala.; MEA *3,500. *2,000—MOCA. 2,500. Friday, February 15, 1957 FEDERAL REGISTER 949 Section 610.6063 VOR Civil Airway Section 610.6097 VOR Civil Airway 97 Section 610.6107 VOR Civil Airway 107 63 is amended by adding: is amended to delete: is amended by adding: Prom Burlington, Iowa, VOR; to Buffalo Prom Chicago Heights, 111., VOR; to City From Long Beach, Calif., VOR; to *Pt.

From Ardmore, Okla., VOR via E alter.; to From New Berlin INT, Wis.; to Milwaukee, Section 610.6218 VOR Civil Airway 218 Oklahoma City, Okla., VOR via E alter.; Wis. VOR; MEA 2,300. is amended to read in part: MEA *3,000. *2,700—MOCA. From Chicago Heights, HI., VOR via E alter.; to Beacon INT, 111., via E alter.; MEA From Sycamore INT, 111.; to Naperville, Section 610.6163 VOR Civil Airway 163 2 ,000. 111., VOR; MEA 2,000. • is amended to read in part; From Beacon INT, 111., via E alter.; to Section 610.6219 VOR Civil Airway From San Antonio, Tex., VOR; to Spring ♦White Fish INT, HI., via E alter.; MEA 2,500. 219 is amended to delete: E ranch INT, Tex.; MEA *2,700. *2,600— *3,500—MRA. From White Fish INT, 111., via E alter.; to From Janesville, Wis., VOR; to *New Berlin MOCA. From ..»Mill INT, Tex.; to Mineral Wells, Taylor INT, 111., via E alter.; MEA *3,500. INT, Wis.; MEA **3,500. *3,500—MRA. Tex., VOR; MEA 2,400. *3,500—MRA. *2,000—MRA. * *2,400—MOCA. From Taylor INT, 111., via E alter.; to Ra­ Section 610.6165 VORCivil Airway 165 cine INT, Wis., via E alter.; MEA *3,000. Section 610.6233 VOR Civil Airway 233 is amended by adding: *2,000—MOCA. is amended by adding: From Racine INT, Wis., via E alter.; to From Alhambra INT, Calif.; to Long Beach, From Moline, Hl., VOR; to Cedar Rapids, •New Berlin INT, Wis., via E alter.; MEA Iowa, VOR; MEA 2,200. Calif., VOR, southbound only; MEA 3,000. **3,000. *3,500—MRA. * *2,100—MOCA. Section 610.6171 VOR Civil Airway 171 From New Berlin INT, Wis., via E alter.; to Section 610.6255 VOR Civil Airway 255 is amended to delete: Milwaukee, Wis., VOR via E alter; MEA 2,300. is added to read: From Burlington, Iowa, VOR; to Moline, From Joliet, 111., VOR; to Sycamore INT, Section 610.6191 VOR Civil Airway 191 is amended to read in part: Hl., VOR; MEA 2,300. 111.; MEA 2,000. From Moline, Hl., VOR; to Thomson INT, From Sycamore INT, 111.; to Janesville, Wis. From Roberts, HI.» VOR; to *Manteno VOR; JilEA 2,100. 111.; MEA 2,200. INT, 111.; MEA **2,500. *2,500—MRA. • From Thomson INT, 111.; to Rockford, 111., From Janesville, Wis., VOR; to Mendota * *2,000—MOCA. INT, Wis.; MEA 2,700. VOR; MEA 2,500. From Manteno INT, HI.; to Big Run INT, From Rockford, 111., VOR; to Janesville, 111.; MEA *2,500. *2,000—MOCA. Wis., VOR; MEA 2,500. Section 610.6171 VOR Civil Airway 171 From Big Run INT, 111.; to Chicago (Mid­ is amended by adding: way) , 111., TVOR; MEA 2,100. Section 610.6259 VOR Civil Airway 259 From Joliet, 111., VOR; to Sycamore INT, From Racine INT, Wis.; to ’Oakwood INT, is amended to read in part: 111.; MEA 2,000. Wis.; MEA **3,000. *3,000—MRA. **2,100— From Sycamore INT, 111.; to *Rockford, HI. MOCA. From C harlotte, N. C., VOR; to M aiden VOR; MEA 2,100. *2,500—MCA Rockford From Oakwood INT, Wis.; to *New Berlin INT, N. C.; MEA 3,100. VOR, north westbound. INT, Wis.; MEA **3,000. *3,500—MRA. From *Maiden INT, N. C.; to Tri-City, From Rockford, 111., VOR; to New Glarus **2,100—MOCA. Tenn., VOR; MEA 8,000. *7.000—MCA Maiden INT, northwestbound. INT, Wis.; MEA 2,500. Section 610.6193 VOR Civil Airway 193 From New Glarus INT, Wis.; to Lone Rock, is amended by adding: Section 610.6262 VOR Civil Airway 262 Wis. VOR; MEA 3,100. is added to read: From Ft. Wayne, Ind., VOR; to Millersburg Section 610.6172 VOR Civil Airway 172 INT, Ind.; MEA 2,300. From Bradford, 111., VOR; to Joliet, 111., is amended to read: From Millersburg INT, Ind.; to Keeler, VOR; MEA 2,000. From Des Moines, Iowa, VOR; to ’Monroe Mich., VOR; MEA 2,000. From Joliet, 111., VOR; to Chicago (Mid­ INT, Iowa; JdEA 2,200. *3,500—MRA. From Keeler, Mich., VOR; to Pullman, way) , HI., TVOR; MEA 2,000. From Monroe INT, Iowa; to Grinnell INT, Mich., VOR; MEA 2,100. Section 610.6264 VOR Civil Airway 264 Iowa; MEA 2,200. From Grinnell INT, Iowa; to Cedar Rapids, Section 610.6194 VOR Civil Airway 194 is added to read: Iowa, VOR; MEA 2,200. is amended to read in part: From »Ontario, Calif., VOR; to •’Giant From Cedar Rapids,‘Iowa, VOR; to Char­ From Norwood INT, N. C.; to Highfalls Rock INT, Calif.; MEA 14,000. *10,000— lo tte INT, 111.; MEA *2,500. *2,200—MOCA. INT, N. C.; MEA *3,500. * 1,800—MOCA. MCA Ontario VOR, eastbound. **14,000—• From Charlotte INT, 111.; to Polo, 111., VOR; From Highfalls INT, N. C.; to Moncure MRA. MEA 2,200. INT, N. C.; MEA *1,800. *1,400—MOCA. From Polo, 111., VOR; to Sycamore INT, 111.; Section 610.6266 VOR Civil Airway 266 MEA 2,000. Section 610.6209 VOR Civil Airway 209 is added to read: From Sycamore ,INT, 111.; to Chicago is amended to read: From So. Boston, Va., VOR; to Lawrence- (O’Hare), 111., TVOR; MEA 2,500. From Long Beach, Calif., VOR; to *Pt. ville, Va., VOR; MEA 1,800. Section 610.6173 VOR Civil Airway-173 Dume INT, Calif.; MEA 3,000. *4,006—MCA (Sec. 205, 52 S tat. 984, as am ended; 49 is amended to read in part: Pt. Dume INT, westbound. U. S. C. 425. In terp ret or apply sec. 601, 52 From Pt. Dume INT, Calif.; to Fillmore, S tat. 1007, as am ended; 49 U. S. C. 551) From Roberts, 111., VOR; to ’Manteno INT, Calif., VOR; MEA 5,000. 111.; MEA **2,500. *2,500—MRA. **2,000— From ’Fillmore, Calif., VOR; to Reyes INT, These rules shall become effective MOCA. Calif., southeastbound; MEA 9,000. north- March 14, 1957. From Manteno INT, 111.; to Big Run INT, w estbound; MEA 12,500. *10,500—MCA F ill­ 111.; MEA *2,500. *2,000—MOCA. more VOR, northwestbound. [ seal] J ames T . P y l e , From Big Run INT, HI.; to Chicago (Mid­ Administrator of Civil Aeronautics. way) , 111., TVOR; MEA 2,100. Section 610.6217 VOiJ Civil Airway 217 is amended to delete : [F. R. Doc. 57-1120; Filed, Feb. 14, 1957; Section 610.6177 VOR Civil Airway 177 8:45 a. m.] is amended to read: From Naperville, 111., VOR; to ’Lake Forest INT, 111.; MEA **3,000. *3,600—MRA From Naperville, 111., VOR; to *Genoa INT, **2,500—MOCA. TITLE 29— LABOR HI.; MEA 2,200. *2,600—MRA. From Lake Forest INT, 111.; to ’Bristol INT, From Genoa INT, 111.; to Janesville, Wis., Wis.; MEA **3,000. *3,000—MRA. **2,000— Chapter V— Wage and Hour Division, VOR; MEA 2,200. MOCA. Bristol INT, Wis.; to Milwaukee, Wis. ILS Department of Labor Section 610.6187 VOR Civil Airway 187 loc.; MEA 2,000. is amended to delete: V P art 662—C em en t I ndustry i n P uerto Section 610.6217 VOR Civil Airway 217 R ico From Chicago Heights, HI., VOR; to ‘Bull Head INT, HI.; MEA 2,500. *2,500—MRA. is amended by adding: P art 700—C lay and C lay P roducts From Bull Head INT, 111.; to *Papi INT, 111.; From Chicago (O’Hare), HI., TVOR; to I n du stry i n P uerto R ico MEA 2,500. *2,500—MRA. Taylor INT, Wis.; MEA *3,000. *2,000— On December 7,1956, pursuant to sec­ From Papi INT, HI.; to ’Taylor INT, Wis.; MOCA. MEA **4,500. *4,500—MCA Taylor INT, From Taylor INT, Wis.; to Racine INT, tion 5 of the Pair Labor Standards Act southbound. **2,000—MOCA. Wis.; MEA *3,000. *2,000—MOCA. of 1938 (52 Stat. 1060, as amended; 29 From Taylor INT, Wis.; to Racine INT, From Racine INT, Wis.; to ’Oakwood INT, U. S. C. 201 et seq.), the Secretary of Wis.; MEA *3,000. *2,000—MOCA. Wis.; MEA * *3,000. *3,000—MRA. • *2,100— Labor by Administrative Order No. 472 From Racine INT, Wis.; to *New Berlin MOCA. (21 F. R. 9725) appointed, convened and INT, Wis.; MEA **3,000. *3,500—MRA. From Oakwood INT, Wis.; to Milwaukee, gave notice of the hearings of Industry **2,100—MOCA. Wis., ILS loc.; MEA 2,000. Committee No. 27-A for the Clay and Friday, February 15, 1957 FEDERAL REGISTER 951 Clay Products Industry in Puerto Rico tion 6 of the Fair Labor Standards Act and Industry Committee No. 27-B for the of 1938 by every employer to each of his TITLE 38— PENSIONS, BONUSES, Cement Industry in Puerto Rico, among employees in the clay and clay products AND VETERANS’ RELIEF others. Each of these Committees was industry in Puerto Rico, who is engaged directed to recommend the m in im u m in commerce or in the production of Chapter I— 'Veterans Administration rates of wages to be paid under section goods for commerce and who is engaged P art 3—Veterans Claims 6 (c) of the act to employees in its in the structural clay and miscellaneous industry who are engaged in commerce clay products classification, which is de­ INITIAL DETERMINATION AND ADJUDICATIVE or in the production of goods for com­ fined as the manufacture of structural ACTION merce. clap products, sanitary ware, and all In § 3.123, the introductory paragraph Subsequent to an investigation and a other products included in the clay and preceding paragraph (a) is amended to hearing, conducted pursuant to the clay products industry, as defined in this read as follows: notice, each Committee filed with the part, except those included in the vitre­ Administrator a report containing its ous and semi-vitreous china food uten­ § 3.123 Initial determinations and ad­ findings with respect to the matters re­ sils classification and the hand-made art judicative action under section 31, Public ferred to it. Accordingly, as authorized pottery classification, as defined herein. Law 141, 73d Congress, as amended by­ and required by section 8 of the act and section 12, Public Law 866, 76th Congress* General Order No. 45—A of the Secretary § 700.3 Notices. Every employer sub­ and under paragraph 4, Part VII, Veter­ (15 P. R. 3290), (1) the recommendations ject to the provisions of § 700.2 shall post ans Regulation 1 (a), as amended (38 of these Committees are hereby published in a conspicuous place in each depart­ U. S. C. ch. 12A). Compensation will be in the following amendments to the Code ment of his establishment where em­ payable only when it is determined that of Federal Regulations, and (2) effective ployees subject to the provisions of the disability or additional disability or March 3, 1957, Parts 700 and 662 of § 700.2 are working such notices of this death resulted from disease or injury, Title 29, Code of Federal Regulations, part as shall be prescribed from time to or an aggravation of an existing disease are hereby amended to read as follows: time by the Administrator of the Wage or injury, suffered as a result of training, and Hour Division of the United States hospitalization, medical or surgical treat­ Sec. 700.1 Definition of th e industry. Department of Labor and shall give such ment, or examination under authority of 700.2 Wage rates. other notice as the Administrator may any of the laws granting monetary or 700.3 Notices. prescribe. other benefits to World War veterans. The term “hospitalization” as used iiv Au t h o r ity : §§ 700.1 to 700.3 issued under this section includes transportation of section 8, 52 S tat. 1064, as am ended; 29 Pari: 662—Cement I ndustry in P uerto a patient who is being transported under U. S. C. 208. In terp ret or apply section 5, 52 R ico Stat. 1064, as am ended; 29 U. S. C. 205. Sec. the auspices, or by order of, the Veterans 662.1 Definition of th e industry. Administration to or from one of its hos­ § 700.1 Definition of the industry. 662.2 Wage rate, pitals (or between hospitals) whether by The clay and clay products industry in 662.3 Notices. a Veterans Administration employee or Puerto Rico, to which this part shall by an agent or contractor engaged by the apply, is defined as follows: The quarry­ Au t h o r it y : §§662.1 to 662.3 issued under section 8, 52 S tat. 1064, as am ended; 29 Veterans Administration. If the dis­ ing or other extraction of common clay, U. S. C. 208. In terp ret or apply section 5, 52 ability resulted from transportation shale, kaolin, ball clay, fire clay and other S tat. 1064, as am ended; 29"XJ.'S. C. 205. while in a hospitalized status, compensa­ types of clay; and the manufacture of tion will be payable only where the injury structural clay products, china, pottery, § 662.1 Definition of the industry. or death proximately resulted from the tile, and other ceramic products and The cement industry in Puerto Rico, to carelessness, negligence, lack of proper refractories. which this part shall apply, is defined as skill, error in judgment, etc., of an em­ § 700.2 Wage rates, (a) Wages at a follows: The manufacture of hydraulic ployee of the Veterans Administration. rate of not less than 55 cents an hour cement including the extraction of raw The following principles will be observed: shall be paid under section 6 of the Fair materials therefor. . ***** Labor Standards Act of 1938 by every § 662.2 Wage rate. Wages at a rate (Ssc. 5, 43 S tat. 608, as am ended, sec. 2, 46 employer to each of his employees in S tat. 1016, sec. 7, 48 S tat. 9,38 U. S. C. 11a, 426, the clay and clay products industry in of not less than $1.00 an hour shall be 707. In terp ret or apply sec. 31, 48 S tat. 526, Puerto Rico, who is engaged in commerce paid under section 6 of the Fair Labor sec. 12, 54 S tat. 1197, sec. 2, 57 S tat. 43; 38 or in the production of goods for com­ Standards Act of 1938 by every employer U. S. C. 501a, 501a-l, ch. 12A) merce and who is engaged in the vitreous to each of his employees in the cement This regulation is effective February and semi-vitreous china food utensils industry in Puerto Rico, as defined in 15, 1957. classification, which is defined as the § 662.1, who is engaged in commerce or [seal] J ohn S. P atterson, manufacture of vitreous and semi-vitre­ in the production of goods for commerce. Deputy Administrator. ous china table and kitchen articles for use in households and hotels, restau­ § 662.3 Notices. Every employer sub­ [F. R. Doc. 57-1199; Filed, Feb. 14, 1957; rants and other commercial institutions, ject to the provisions of § 662.2 shall 8:53 a. m.] for preparing, serving or storing food or post in a conspicuous place in each de­ drink, except that this classification does partment of his establishment »where not include products in the hand-made employees subject to the provisions of art pottery classification, as defined § 662.2 are working such notices of this P art 4—Dependents and Beneficiaries herein. part as shall be prescribed from time Claims (b) Wages at a rate of not less than to time by the Administrator of the Wage DEPENDENCY AND INDEMNITY COMPENSATION 40 cents an hour shall be paid under and Hour Division of the United States Immediately following § 4.421, a new section 6 of the Fair Labor Standards Department of Labor, and shall give such centerhead and §§ 4.430 through 4,436 Act of 1938 by every employer to each other notice as the Administrator may are added as follows: of his employees in the clay and clay prescribe. products industry in Puerto Rico who is Basic R equirements Signed at Washington, D. C. this 11th § 4.430 Service-connected deaths on engaged in commerce or in the produc­ day of February 1957. tion of goods for commerce and who or after January 1, 1957. Dependency is engaged in the hand-made art pottery Newell Brown, and indemnity compensation is payable classification, which is defined as the Administrator, upon application therefor, to the widow, manufacture of hand-made art pottery. Wage and Hour Division, children, and parents of a person who (c) Wages at a rate of not less than dies on or after January 1, 1957: [F. R. Doc. 57-1203; Filed, Feb. 14, 1957; (a) From disease or injury incurred $1.00 an hour shall be paid under sec- 8:53 a. m.] or aggravated in line of duty while on No. 32------2 952 RULES AND REGULATIONS active duty or active duty for training; rates specified where there is no widow: the military or naval records of the or Provided, however, That if the total rate proper service department by a board (b) Prom injury Incurred or aggra­ payable for children where there is no for correction of military (or naval) rec­ vated in line of duty while on inactive widow is greater than the rate which ords under section 207 of the Legislative duty training; or would be payable to the widow if entitle­ Reorganization Act of 1946, the com­ (c) Prom a disability compensable ment were established, the award of de­ mencing date of an award of dependency under laws administered by the Veterans pendency and indemnity compensation and indemnity compensation shall be the Administration. for the children shall not exceed the rate date on which such application was filed payable if there were a widow-. with the service department, subject to (Sec. 201, Pub. Law 881, 84th Cong.) (3) When the claim of a widow isthe requirements of § 4.445 (g). §4.431 Claims—(a) General. Ex­ disallowed, including disallowance, for (Sec. 501 (u), Pub. Law 881, 84th Cong.) cept as provided in paragraphs (c) and failure to furnish evidence, and evidence (d) (1) of this section, a specific claim adequate to establish entitlement of a § 4.431a Evidence filed with or re­ on the form prescribed by the Adminis­ child or children who were named in the quired by Social Security Administration. trator of Veterans Affairs (VA Form VB widow’s claim is furnished within 1 year (a) Evidence received in the Social Se­ 8-534 or VB 8-535) must be filed by the from the date of request (requested curity Administration support of a widow, child, mother, or father applying either prior or subsequent to the dis­ claim filed on or after January 1, 1957, for dependency and indemnity compen­ allowance of the widow’s claim), the for benefits under Title n of the Social sation or by the claimant for accrued award for the child or children will be Security Act will be considered to have benefits. A claim fpr dependency and made as if the disallowed claim had been been received in the Veterans Adminis­ indemnity compensation filed by the filed solely on their behalf; otherwise, tration as of the date of receipt in Social widow, child, or parent will also be con­ payments may not be made for the child Security Administration. Where such sidered as a claim for any accrued com­ or children for any period prior to the evidence is needed in a claim for depend­ pensation or pension due. See para­ date of receipt of a new claim (formal ency and indemnity compensation, a graph (d) of this section as to claim for or informal). copy of such evidence (or certification child. (e) Furnishing claim forms—(1) thereof) will be requested from Social (b) Informal claims. An informal General. Upon receipt of notice of death Security Administration. claim may be accepted subject to the re­ of a veteran, the appropriate application (b) A copy (or certification) of evi­ quirements of § 3.27 of this chapter. blank (VA Form VB 8-534 or VB 8-535) dence filed in the Veterans Administra­ (c) Claims filed with Social Security will be forwarded for execution by or on tion in support of a claim for dependency Administration. An application on VA behalf of any dependent who has ap­ and indemnity compensation will be fur­ Form VB 8-4182 filed on or after Jan­ parent entitlement to dependency and nished Social Security Administration uary 1, 1957, with the Social Security indemnity compensation. If the poten­ upon request from that agency. Administration shall be considered a tial claim involves establishment of fos­ (Sec. 601, Pub. Law 881, 84th Cong.) claim for dependency and indemnity ter parentage, VA Form 8-524 will also § 4.432 Time limits—ta) Notice of compensation and to have been received be sent. If it is not indicated that any time limit for filing evidence. In the in the Veterans Administration as of the person would be entitled to receive de­ event the claimant’s application is not date of receipt in the Social Security pendency and indemnity compensation, complete at the time of original submis­ Administration. The receipt of such an but there is payable accrued disability sion, the Veterans Administration will application (or copy thereof) received compensation, disability pension, retire­ notify the claimant of the evidence neces­ in the Veterans Administration shall not ment pay, subsistence allowance, read­ justment allowance, or education and sary to complete the application and, preclude a request for any necessary evi­ if such evidence is not received within dence on VA Form VB 8-534 or VB 8-535 training allowance, not paid during the veteran’s lifetime, VA Form 8-614 or, 1 year from the date of request therefor, or otherwise. (Sec. 601, Pub. Law 881, dependency and Indemnity compensa­ 84th Cong.) where appropriate, VA Form VB 8-551, will be forwarded to the preferred claim­ tion may not be paid by virtue of that (d) Claim for child. (1) Where a application (par. 1 (a) (2), Part I, Vet­ child’s entitlement to dependency and ant. erans Regulations 2 (d) (38 U. S. C. ch. indemnity compensation arises by rea­ (2) Death due to hospital treatment, etc. The provisions of § 4.0 (b) (3) are 12A) and sec. 209 (a) Pub. Law 881, 84th son of termination of a widow’s right to Cong.). dependency and indemnity compensa­ applicable. (3) Child. Where it is apparent that (b) Failure to furnish claim or notice tion, or by reason of attaining the age of of time limit. Failure to furnish a po­ 18 years, a claim will be required. See a child may be entitled to dependency and indemnity compensation in its own tential claimant any form or informa­ § 4.445 (a) (3) and (d) (1). (Sec. 209 tion concerning the right to file claim for (a), Pub. Law 881, 84th Cong.) The right following termination of a widow’s entitlement (e. g., by remarriage or dependency and indemnity compensa­ claim may consist of a statement in tion, or to furnish notice of the time writing showing an intent to file claim death) or because the child has attained the age of 18 years, and a written state­ limit for the submission of evidence, or for dependency and indemnity compen­ to furnish notice of the time limit for sation or VA Form VB 8-4183 signed by ment constituting a claim has not been filed, VA Form VB 8-4183 will be for­ the filing of an appeal will not extend the child or some person acting as next the period allowed for these actions. friend. If claim is made by a statement warded for execution by or on behalf of any child of record at the latest address (c) Computation of time limit. In in writing and VA Form VB 8-4183 is computing the time limit for the filing considered necessary, the executed form shown in the file. The letter transmit­ ting the application will contain notice of claims or evidence requested by the will be considered evidence required to Veterans Administration, the first day of complete the claim. Where the award that unless a claim is filed within 1 year from the date of the contingency on the specified period will be excluded and to the widow is terminated by reason of the last day included. This rule will be her death, a claim for the child which which the child’s entitlement is based dependency and indemnity compensa­ applicable in cases in which the time meets the requirements of this subpara­ limit expires on a workday. Where, graph will be considered a claim for any tion may not be paid for any period prior to date of receipt of claim. under this rule, the time limit would accrued dependency and indemnity expire on a nonworkday, the next suc­ compensation which may be payable. (f) Hew and material evidence. New and material evidence relating to the ceeding workday will be included in the (2) A Claim filed by a widow who does computation. not herself have title will be accepted as same factual basis as that of a finally a claim for a child or children in her disallowed claim for dependency and in­ Caoss R eferen ce: Appeals. See §§ 3.328 custody named in the claim. In such demnity compensation shall be accepted to 3.333 of th is chapter. cases, if a determination of the widow’s as a claim in determining the commenc­ § 4.433 Service requirements. De­ entitlement will be unduly delayed, and ing date of an award when such evidence pendency and indemnity compensation the child or children are in need and or accompanying communication meets is payable under Title II, Public Law 881, their entitlement is established, depend­ the requirements of an informal claim, 84th Congress, based on service rendered ency and indemnity compensation shall except that when such new and material by a “member of a uniformed service” as be payable to the child or children at the evidence results from the correction of defined in this section. This definition Friday, February 15, 1957 FEDERAL REGISTER 953 is applicable where death occurs on or (iii) Service as a cadet at the United January 1, 1957). Any member of a re­ after January 1, 1957, regardless of the States Military, Air Force, or Coast Guard serve component of a uniformed service: dates when service was rendered. Academy, or as a midshipman at the (1) Who, when authorized or required (a) The term “member of a uniformed United States Naval Academy, and by competent authority, assumes an ob­ service” means a person appointed, en­ (iv) Authorized travel to or from such ligation to perform active duty for train­ listed, or inducted in a component of the duty or service. ing or inactive duty training; and Army, Navy, Air Force, Marine Corps, or (Sec. 102 (4), Pub. Law 881, 84th Cong.) (2) Who dies from an injury incurred Coast Guard (including a reserve compo­ on or after January 1,1957, by him while nent of a uniformed service), or in one .(2) Where an individual is discharged proceeding directly to or returning di­ of those services without specification of or released on or after January 1, 1957, rectly from such active duty for training component, or as a commissioned officer from a period of active duty, such indi­ or inactive duty training, as the case may of the Coast and Geodetic Survey or the vidual shall be deemed to continue on be; Regular or Reserve Corps of the Public active duty during the period of time Health Service, and any person serving immediately following the date of such shall be deemed to have been on active in the Army or Air Force under call or discharge or release determined by the duty for training or inactive duty train­ conscription. The term includes: Secretary concerned to be required for ing; as the case may be. For the pur­ (1 ) A retired member of any of thosehim to proceed to his home by the most poses of Title II, Public Law 881, 84th services; direct route, and in any event, until mid­ Congress, and section 303 of that act, the (2) A member of the Fleet Reserve or night of the date of such discharge or Veterans Administration will determine Fleet Marine Corps Reserve; release (sec. 102 (12), Pub. Law 881, 84th whether such member of a reserve com­ (3) A cadet at the United States Mil­ Cong.). ponent of a unifoftned service was so itary Academy, a midshipman at the (3) Any person described in § 4.433 authorized or required to perform such United States Naval Academy, and a (a) (5) who suffers an injury or disease duty, and whether he died from injury cadet at the United States Coast Guard resulting in death while en route to or so incurred. In making such determina­ Academy or United States Air Force from, or at, a place for final acceptance tions, there shall be taken into consider­ Academy; or entry upon active duty in the military ation the hour on which the member of a (4) A member of the Reserve Officers’ or naval service shall be deemed to be on reserve component of a uniformed serv­ Training Corps, the Naval Reserve Offi­ active duty when such incident occurs. ice began to so proceed or so return; the cers’ Training Corps, or the Air Force (b) Active duty for training. Active hour on which he was scheduled to arrive Reserve Officers’ Training Corps, when duty for training means: for, or on which he ceased to perform, ordered to annual training duty for 14 (1) Full-time duty performed by a such duty; the method of travel em­ days or more, and while performing au­ member of a reserve component of a ployed; his itinerary; the manner in thorized travel to and from that duty; uniformed service in the active military which the travel was performed; and the and or naval service of the United States immediate cause of death. Whenever (5) Any person who suffers an injury for training purposes, any claim is filed alleging that the or disease resulting in death while en (2) Full-time duty as a commissioned claimant is entitled to benefits by reason route to or from, or at, a place for final officer in the Reserve Corps of the Public of this paragraph, the burden of proof acceptance or" for entry upon active duty Health Service for training purposes, shall be upon the claimant (sec. 102 (6) in the military or naval service: „ (3) Annual training duty performed (B), Pub. Law 881, 84th Cong.). (i) Who has been provisionally ac­ for a period of 14 days or more by a (e) National Guard. A member of the cepted for such duty; or member of the Reserve Officers’ Train­ National Guard or Air National Guard (ii) Who, under the Universal Milir ing Corps, the Naval Reserve Officers’ of the several States, Territories, or the tary Training and Service Act, has been Training Corps, or the Air Force Reserve District of Columbia, when performing selected for active military or naval serv­ Officers’ Training Corps, and training or duty under sections 92, 94, ice; and has been ordered or directed to (4) Authorized travel to or from such 97, 99, or 113 of the National Defense proceed to such place. The criteria con­ duty. Act of June 3, 1916, as amended, shall, for the purpose of benefits provided, be tained in § 3.1 (n) (2) (ii) of this chap­ The term does not include duty per­ ter are applicable. considered a member of a reserve com­ formed as a temporary member of thé ponent of a uniformed service, and train­ The term does not include a temporary Coast Guard Reserve (sec. 102 (5 ), Pub. ing or duty performed by such a mem­ member of the Coast Guard Reserve. Law 881, 84th Cong.). ber under those sections of that act shall (Sec. 102 (2) and 102 (11) (E),Pub.Law (c) Inactive duty training. Inactive be considered “active duty for training,” 881, 84th Cong.) duty training means any of the training, or “inactive duty training,” as appor- (b) “Reserve component of a uni­ instruction, duty, appropriate duties, or priate (sec. 102 (6) (C), Pub. Law 881, formed service” means: equivalent training, instruction, duty, 84th Cong.). (1) The Army Reserve, appropriate duties, or hazardous duty, (2) The Naval Reserve, performed with or without compensa­ § 4.435 Character of discharge. De­ (3) The Marine Corps Reserve, tion by a member of a reserve component pendency and indemnity compensation (4) The Air Force Reserve; of a uniformed service prescribed by the is not payable to the widow, children, or (5) The Coast Guard Reserve, appropriate Secretary pursuant to sec­ parents of any deceased person who died (6) The Reserve Corps of the Public tion 501 of the Career Compensation Act on or after January 1, 1957, after sepa­ Health Service, of 1949 or any other provision of law. ration from service unless the deceased (7) The National Guard of the United The term does not include: person was discharged or released from States, and (1) Work or study performed by a service under conditions other than dis­ (8) The Air National Guard of the member of a reserve component of a honorable. See § 3.64 of this chapter United States. uniformed service in connection with as to determination of character of dis­ charge (sec. 209 (c), Pub. Law 881, 84th (Sec. 102 (3), Pub. Law 881, 84th Cong.) correspondence courses of the Army, Navy, Air Forcé, Marine Corps, Coast Cong.). § 4.434 Definitions of duty—(a) Ac­ Guard, or Public Health Service. § 4.436 Service connection and line of tive duty. (1) Active duty means: (2) Attendance at an educational in­ duty criteria. The standards and criteria (i) Full-time duty performed by a stitution in an inactive status under the for determining incurrence or aggrava­ member of a uniformed service in the sponsorship of the Army, Navy, Air tion of a disease or injury in line of active military or naval service, other Force, Marine Corps, Coast Guard, or duty shall be those applicable under dis­ than active duty for training, Public Health Service, or ability and death compensation laws (ii) Full-time duty as a commissioned (3) Duty performed as a temporary administered by the Veterans Adminis­ officer in the Coast and Geodetic Survey, member of the Coast Guard Reserve. “* tration (sec. 207, Pub. Law 881, 84th or in the Regular Corps of the Public Cong.). Health Service, or in the Reserve Corps (Sec. ¿02 (6) (A), Pub. Law 881, 84th Cong.) (Sec. 5, 43 S tat. 608, as am ended, sec. 2, of the Public Health Service (other than 46 S tat. 1016, sec. 7, 48 S tat. 9; 38 U. S. C. (d) Travel status,* training duty 11a, 426, 707. Interpret or apply sec. 209, for training purposes), {death from injury incurred on or after Pub. Law 881, 84th Cong.) 954 RULES AND REGULATIONS This regulation is effective February insulation material to insure that the (4) Inform all passengers, carrier em­ 15,1957. material will remain frozen for at least ployees and other persons who were or 24 hours longer than the expected time may have been exposed to contamination [seal] ' J o h n S. P atterson, of delivery of the shipment to the con­ or infection, of the hazards thereof and Deputy Administrator. signee; and the container with its im­ request that such persons remain iso­ [F. R. Doc. 57-1200; Filed, Feb. 14, 1957; mediate surrounding material, dry ice lated until appropriate measures can be 8:53 a. m.] and insulation is enclosed in a shipping taken to prevent the transmission of dis­ container constructed of corrugated ease. In event any such person departs cardboard, fibre glass, wood, or other before appropriate decontamination pro­ TITLE 42— PUBLIC HEALTH material of equivalent strength. cedures have been applied, notify the (3) (i) The total contents of a ship­ State or local health authorities having Chapter I— Public Health Service, ping container do not exceed one U. S. jurisdiction. Department of Health, Education, gallon. (5) Obtain names, home addresses and and Welfare (ii) All containers and closures are so addresses of destination of all persons designed and constructed of such ma­ who may have been exposed to contam­ P art 72—I nterstate Q uarantine terials that they are capable of with­ ination or infection. SHIPMENT OF ETIOLOGIC AGENTS standing without rupture or leakage of (6) Apply appropriate decontamina­ contents, all shocks, pressure changes, or tion procedures and other measures as Notice of proposed rule making having other conditions ordinarily incident to specified by the Surgeon General or his been published in the F ederal R eg ister transportation handling. authorized representative. on December 18, 19!y> (21 F. R. 10015), (4) The shipping documents and the (7) Except when necessary for pur­ and consideration having been given to manifest accompanying the shipment poses of safety or the preservation of life, all relevant matters presented, the include statements that the shipment health or property, or for purposes of amendment to this part set out below is contains infectious material and identi­ decontamination, prevent persons from hereby adopted. Such amendment shall fies the etiologic agent involved. The boarding the conveyance or entering the become effective 30 days following pub­ shipment itself shall be appropriately area until clearance is obtained from the lication in the F ederal R eg ister . labeled. Surgeon General or his authorized Subpart C—Shipment of Certain (5) The requirements of this para­ representative. Things is amended by adding the follow­ graph are in addition to and not in lieu (d) Isolation of the conveyance or ing new section: * of any other packaging or labeling re­ affected areas shall be continued pend­ § 72.25 Etiologie agents, (a) (1) For quirements for the interstate shipment ing completion of measures prescribed the purpose of this section, étiologie of etiologic agents established by the by the Surgeon General for preventing agent is defined as the causative agent Interstate Commerce Commission and the spread of disease and until such time of the following diseases and such others Civil Aeronautics Board. as clearance is obtained from the Sur­ as may be prescribed from time to-time (c) In event of leakage or other indi­geon General or his authorized repre­ by the Surgeon General: Anthrax, botu­ cation of escape of an etiologic agent sentative. lism, brucellosis, cholera, Colorado tick from a container in interstate traffic, the (e) In the event of loss of a shipment fever, Coxsackie diseases, diphtheria, en­ operator or person in charge of the con­ of etiologic agents in transit, the carrier cephalitis (arthropod-borne), glanders, veyance or the premises where the shall immediately notify the Surgeon leptospirosis, lymphocytic choriomenin­ leakage or escape occurs shall: General or his duly authorized, repre­ gitis, melioidosis, meningococcal menin­ (1) Immediately notify the Surgeon sentative of such loss and provide him gitis, paratyphoid fever, plague, polio­ General or his authorized representative. with all available information concern- myelitis, Q fever, rabies, relapsing fever, (2) (i) If leakage or escape occurs on ûig the nature of the shipment, circum­ rickettsialpox, Rift Valley fever, Rocky a conveyance, remove the conveyance stances surrounding its loss and such Mountain spotted fever, schistosomiasis, from service and isolate it as soon as other information as he may require. scrub typhus, smallpox, tetanus, tuber­ possible. Isolate the affected area until (Sec. 215, 58 S tat. 690; 42 U. S. C. 216. In te r­ culosis, tularemia, typhoid fever, typhus such time as the conveyance can be prets or applies sec. 361, 58 S ta t. 703, 42 fever, and yellow fever. removed from service. U. S. C. 264) (2) The provisions of this section shall (ii) If leakage or escape occurs at a Dated: February 4, 1957, not apply to specimens transmitted to terminal, transfer point, or other loca­ laboratories for diagnostic purposes or tion not on a conveyance, isolate the area [seal] L . E . B u r n e y , to finished biological products for human known to be or suspected of being con­ Surgeon General. or veterinary use bearing the U. S. Gov­ taminated. Approved : February 12,1957. ernment license number of the manu­ (3) Prevent removal of any luggage, facturer. cargo, or other items from the affected M . B. F olsom , (b) A person shall not knowinglyarea or conveyance unless such removal Secretary. transport or cause to be transported in is necessary for purposes of safety or the [F. R. Doc. 57-1202; Filed, Feb. 14, 1957; interstate traffic any étiologie agent preservation of life, health, or property. 8:53 a. m.] unless: (1) In the case of fluid materials or solid materials other than frozen, the containers of the étiologie agent are watertight and airtight and are enclosed PROPOSED RULE MAKING in a second durable watertight and air­ tight container with the intervening space provided with sufficient absorbent material so placed as to absorb the entire DEPARTMENT OF THE TREASURY DEPARTMENT OF AGRICULTURE contents in case of breakage, and each such double container is individually en­ Internal Revenue Service Agricultural Research Service closed in a shipping container con­ [ 26 CFR (1954) Part 225 1 [ 7 CFR Part 301 1 structed of corrugated cardboard, fiber glass, wood, or other material of equiva­ W arehousing o f D istill ed S p ir it s N orth C arolina, S o u th C arolina lent strength. consolidation o f packaged s pir it s (2) In the case of frozen materials, NOTICE OF RESUMPTION OF PUBLIC HEARING the containers of the étiologie agent are Correction ON QUARANTINING ON ACCOUNT OF DAN­ watertight and airtight and are enclosed In Federal Register Document 57-833, GEROUS DISEASE OF CORN AND OTHER CROPS in a second durable watertight and air­ appearing at page 721 of the issue for On January 16, 1957, there was pub­ tight container or surrounded by suffi­ Tuesday, February 5, 1957, the following lished in the F ederal R egister (22 F . R . cient absorbent material to absorb the change should be made: The section re­ 319) a notice of a public hearing to be contents in case of breakage; the pack­ ferred to in paragraph 42 should read held at Washington, D. C., on January age contains enough dry ice and sufficient “225.1111”. 30, 1957, to consider a.proposal, under Friday, February 15, 1957 FEDERAL REGISTER 955 section 8 of the Plant Quarantine Act U. S. C. 353 (b) (3), 355 (c), 371 (a)) and labeling. The restriction to prescription of 1912, as amended (7 U. S. C. 161), to the authority delegated to him by the sale is no longer necessary for the pro­ quarantine the States of North Carolina Secretary of Health, Education, and Wel­ tection of the public health. and South Carolina because of the oc­ fare (21 CFR 130.101 (b); 21 F. R. 5576) This action in removing the prior re­ currence therein of a dangerous disease hereby offers an opportunity to all in­ striction limiting these drugs to prescrip­ of corn and other crops caused by an terested persons to submit their views in tion sale is taken under the authority of introduced species of the genus Striga, writing to the Hearing Clerk, Depart­ the Federal Food, Drug, and Cosmetic commonly known as witch weed, and to ment of Health, Education, and Welfare, Act (secs. 503 (b) (3), 505 (c), 52 Stat. restrict or prohibit the movement from Room 5440, 330 Independence Avenue 1052, 65 Stat. 649; 21 U. S. C. 353 (b) said States, or from any locations there­ SW., Washington 25, D. C., within 30 (3), 355 (c)), which provides for and in designated as infected of (1) witch- days from the date of publication of this requires the removal of such restrictions weed seeds and plants (Striga spp.); notice in the F ederal R egister on the if they are not necessary for the protec­ (2) soil as such or attached to articles proposed amendment set forth below: tion of the public health. or things; (3) hay; (4) nursery stock It is proposed to amend paragraph (a) and other plants with roots attached; of § 130.102 Exemption for certain drugs Dated: February 8,1957. (5) bulbs, corms, tubers, and rhizomes; limited by new-drug applications to [s e a l ] J o h n L. H arvey, (6) root crops, the edible parts'of which prescription sale by adding the following Deputy Commissioner, are grown underground; (7) used farm new subparagraph : of Food and Drugs. machinery, and equipment; (8) con­ struction and maintenance equipment; (—) Neomycin sulfate preparations [F, R. Doc. 57-1178; Piled, Feb. 14, 1957; (9) trucks, wagons, cars, boats, and meeting all the following conditions: 8:49 ». m.] other means of conveyance; (10) used (i) The neomycin sulfate is prepared crates, boxes, bags, and other farm with appropriate amounts of a suitable products containers; and (11) other local anesthetic and with or without articles of any character whatsoever other drugs in a dosage form suitable for [21 CFR Part 130 1 oral use in self-medication as a troche. that present a hazard of spread of (ii) The neomycin sulfate and all Drugs Exempted F rom P rescription- witchweed. Dispensing R equirements of Section A public hearing was begun on Jan­ other components of the preparation meet their professed standards of iden­ 503 (b) (1) (C) of the F ederal F ood, uary 30, 1957, as aforesaid, and after Drug, and Cosmetic Act the introduction of testimony recessed tity, strength, quality, and purity. until further notice, in order to permit (iii) If the preparation is a new drug, NOTICE OF PROPOSED RULE MAKING an application pursuant to section 505 interested parties to present additional Notice is given that the Commissioner statements. (b) of the act is effective for it. (jv) The neomycin sulfate content of Food and Drugs, in accordance with Notice is hereby given that said public does not exceed the equivalent of 5 milli­ the Federal Food, Drug, and Cosmetic hearing will be resumed before a repre­ grams of standard neomycin base per Act (secs. 503 (b) (3), 505 (c), 701 (a ); sentative of the Agricultural Research troche. 65 Stat. 649, 52 Stat. 1052, 1055; 21 U. S. Service in Room 3106, South Agricultural (v) The preparation is labeled with C. 353 (b) (3), 355 (c), 371 (a )) and the Building, U. S. Department of Agricul­ adequate directions for use in minor con­ authority delegated to him by the Secre­ ture, 12th Street and Independence Ave­ ditions in which it may be safely used tary of Health, Education, and Welfare nue, SW/, Washington, D. C., at 10:30 (21 CFR 130.101 (b); 21F. R. 5576) here­ a. m., March 5, 1957, at which time any without medical supervision. (vi) The dosages recommended or sug­ by offers an opportunity to all interested interested person may appear and be gested in the labeling provide for the use persons to submit their views in writing heard, either in person or by attorney, of not more than the equivalent of 5 to the Hearing Clerk, Department of on the afore§aid proposal. Any inter­ milligrams of standard neomycin base Health, Education, and Welfare, Room ested person who desires to submit any every 3 hours for not more than 2 days. 5440, 330 Independence Avenue SW., additional written data, views, or argu­ (vii) The labeling bears, in juxtapo­ Washington 25, D. C., within 30 days ments on the proposal may do so by filing sition with the dosage recommendations, from the date of publication of this no­ the same with the Chief of the Plant Pest clear warning statements against: tice in the F ederal R egister on the pro­ Control Branch, Agricultural Research (a) Continued use if irritation per­ posed amendment set forth below: Service, U. S. Department of Agriculture, sists or increases, unless directed by a It is proposed to amend paragraph (a) Washington 25, D. C., on or before March physician. of § 130.102 Exemption for certain drugs 5, 1957, or with the presiding officer at limited by new-drug applications to pre­ the hearing. (b) Use in the presence of fever, head­ ache, nausea, or vomiting, unless directed scription sale by adding the following Done at Washington, D. C., this 12th by a physician, since these usually indi­ new subparagraph: day of February 1957. cate a serious condition. (16) Tuaminoheptane sulfate (2-ami- (c) Use for more than 2 days, unless noheptane sulfate) preparations meet­ [ seal] m . R . C larkson, directed by a physician. ing all the following conditions: Acting Administrator, (i) The tuaminoheptane sulfate is Agricultural Research Service. The proposed amendment will remove prepared, with or without other dings, [P. R. Doc. 57-1215; Piled, Feb. 14, 1957; the drugs mentioned therein from the in an aqueous vehicle suitable for ad­ 8:55 a. m.] prescription-dispensing requirements of ministration in self-medication as nose the Federal Food, Drug, and Cosmetic drops, and containing no drug limited Act (sec. 503 (b) (I) (C), 52 Stat. 1052, to prescription sale under the provisions DEPARTMENT OF HEALTH, EDU­ 65 Stat. 649; 21 U. S. C. 353 (b) (1) (C )). of section 503 (b) (1) of the act. These drugs were previously limited by (ii) The preparation is packaged CATION, AND WELFARE their new-drug applications to use under with a style of container or assembly Food and Drug Administration professional supervision because the suited to self-medication by the recom­ scientific data establishing the toxic po­ mended route of administration, and de­ E21 CFR Part 1301 tential of the drugs and their intended livering not more than 0.1 milliliter of Drugs Exempted F rom Prescription- use showed only that they were safe if the preparation per drop. Dispensing R equirements of Section used under professional supervision. (iii) The tuaminoheptane sulfate and 503 (b) (1) (C) of the Federal F ood, Pursuant to the regulations in § 130.101 all other components of the preparation Drug, and Cosmetic Act (b) of this chapter (21 CFR 130.101 (b)), met their professed standards of a petition has been submitted to remove identity, strength, quality, and purity. NOTICE OF PROPOSED RULE MAKING the prescription restrictions from these (iv) if the preparation is a new drug, Notice is given that the Commissioner drugs. Evidence now available through an application pursuant to section 505 of Food and Drugs, in accordance with investigation and marketing experience (b) of the act is effective for it. the Federal Food, Drug, and Cosmetic shows that the drugs can be safely used (v) The tuaminoheptane sulfate con­ Act (secs. 503 (b) (3), 505 (c), 701 (a); by the laity in self-medication if they tent of the preparation does not exceed 65 Stat. 649, 52 Stat. 1052, 1055; 21 are used in accordance with the proposed 10 milligrams per milliliter. 956 PROPOSED RULE MAKING (vi) The preparation is labeled with available through investigatioir and fices in Washington, D. C. on the 6th adequate directions for use in the tem­ marketing experience shows that the day of February 1957; porary relief of nasal congestion. drug can be safely used by the laity in 2. The Commission has before it for (vii) the dosages recommended or self-medication if it is used in accord­ consideration a petition filed February suggested in the directions for use do not ance with the proposed labeling. The 1, 1957 by James H. Scarborough re­ exceed the equivalent: For adults, 5 restriction to prescription sale is no questing the Commission to extend the drops of a 1 percent solution per nostril longer necessary for the protection of time for filing comments in the above- per dose, and 5 doses in a 24-hour period; the public health. entitled proceeding for a period of 30 for children 1 to 6 years of age, 3 drops This action in removing the prior re­ days. of a 1 percent solution per nostril per striction limiting the drug to prescrip­ 3. In support of his request petitioner dose, and 5 doses in a 24-hour period; for tion sale is taken under the authority alleges that as an individual and as infants under 1 year of age, 2 drops of a of the Federal Food, Drug, and Cosmetic Manager of the Chamber of Commerce 1 percent solution per nostril per dose, Act (secs. 503 (b) (3), 505 (c), 52 Stat. of the City of Rome, Georgia, he is and 5 doses in a 24-hour period. 1052, 65 Stat, 649; 21 ü. S. C. 353 (b) vitally interested in the retention and (viii) the labeling bears, in juxtaposi­ (3), 355 (c), which provides for and re­ continuance of a local television station quires the removal of such restrictions in Rome, that pursuant to a request by tion with the dosage recommendations: the Chamber of Commerce he has un­ (a) Clear warning statements against ii they are not necessary for the protec­ tion of the public health. dertaken to ascertain by appropriate use of more than. 5 doses daily, and engineering studies and surveys whether against use longer than 4 days unless Dated: February 11, 1957. methods can be found for assuring con­ directed by a physician. [seal] J o h n L. H arvey, tinued operation of a local Rome station (b) A clear warning statement to the Deputy Commissioner and that it has been impossible to com­ effect that frequent use may cause of Food and Dfugs, plete the necessary studies within the nervousness or sleeplessness, and that time allowed for filing comments in this individuals with high blood pressure, [F. R. Doc. 57-1201; Piled, Feb. 14, 1957; proceeding. heart disease, diabetes, or thyroid dis­ 8:53 a: m.] 4. . The Commission is of the view that ease should not use the preparation un­ the public interest, convenience and ne­ less directed by a physician. cessity would be served by extending the The proposed amendment will remove FEDERAL COMMUNICATIONS time for filing comments in this pro­ the drug mentioned therein from the COMMISSION ceeding. prescription-dispensing requirements of 5. In view of the foregoing: It is the Federal Food, Drug, and Cosmetic I 47 CFR Part 3 ] ordered, That the time for filing com­ Act (secs. 503 (b) (I) (C), 52 Stat. 1052, [Docket No. 11897; FCC 57-125] ments in the above-entitled proceeding 65 Stat. 649; 21 U. S. C. 353 (b) (1) (C) ). is extended from February 1, 1957 to The drug was previously limited by a T el e v isio n B roadcast S tations, T able March 4, 1957, with replies thereto due new-drug application tp use under pro­ o f A s sig n m e n t s ; C hattanooga, T e n n .- 10 days thereafter. R om e, O a. fessional supervision because the scien­ Adopted: February 6,1957. tific data establishing the toxic potential ORDER EXTENDING TIBtE FOR FILING of the drug and its intended use showed COMMENTS Released: February 11,1957. only that it was safe if used under pro­ In the matter of amendment of § 3.606, F ederal C ommunications fessional supervision. C o m m issio n , Pursuant to the regulations in Table of Assignments, Television Broad­ cast Stations (Chattanooga, Tenn.- [seal] M ary J ane M o rris, § 130.101 (b) (21 CFR 130.101 (b) ; 21 Secretary. F. R. 5577), a petition has been sub­ Rome, Ga.). mitted to remove the prescription re­ 1. At a session of the Federal Com­[P. R. Doc. 57-1204; Piled, Feb. 14, 1957; strictions from this drug. Evidence now munications Commission held at its of­ 8:53 a. m.]

NOTICES

voting rights; and (3) to delete from N orth B razil/U nited S tates-C anada DEPARTMENT OF COMMERCE the agreement the proviso that the Ar­ F reig h t Co nference Federal Maritime Board ticle dealing with the loss of voting NOTICE OF AGREEMENT FILED FOR APPROVAL rights shall not be effective until M id B razil/U n ited S tates-C anada after the termination of the national Notice is hereby given that the follow­ F r eig h t C onference emergency proclaimed by the President ing described agreement has been filed with the Board for approval pursuant to NOTICE OF AGREEMENT FILED FOR APPROVAL under the date of May 27, 1941. Interested parties may inspect this Section 15 of the Shipping Act, 1916, 39 Notice is hereby givén that the fol­ agreement and obtain copies thereof at Stat. 733,46 U. S. C.814: lowing described agreement has been the Regulation Office, Federal Maritime Agreement No. 7640-4, between the filed with the Board for approval pur­ Board, Washington, D. C., and may sub­ member lines of the North Brazil/United suant to section 15 of the Shipping Act, mit, within 20 days after publication of States-Canada Freight Conference, mod­ ifies the basic conference agreement (No. 1916, 39 Stat. 733, 46 U. S. C. 814: this notice in the F ederal R eg ister, Agreement No. 7630-4, between the written statements with reference to the 7640, as amended) (1) to provide that member lines of the Mid Brazil/United agreement and their position as to ap­ the failure of a member line to have a States-Canada Freight Conference, proval, disapproval, or modification, to­ sailing for a period of six (6) or more modifies the basic conference agreement gether with request for hearing should consecutive months, instead of three (3) (No. 7630, as amended) (1) to provide such hearing be desired. months as presently provided, shall be that the failure of a member line to have regarded as suspension of service for the a sailing for a period of six (6) or more Dated: February 11, 1957. purpose of determining the right to vote; consecutive months, instead of three By order of the Federal Maritime (2) to provide that the sailing of a vessel (3) months as presently provided, shall Board. of a member line shall constitute re­ be regarded as suspension of service for J ames L. P im pe r , sumption of service for restoration of the purpose of determining the right to Secretary. voting rights; and (3) to delete from the vote; (2) to provide that the sailing of a agreement the proviso that the Article vessel of a member line shall constitute [F. R. Doc. 57-1154; -Piled, Feb. 14, 1957; dealing with the loss of voting rights resumption of service for restoration of 8:45 a. m.] shall not be effective until after the ter- Friday, February 15, 1957 FEDERAL REGISTER 957 mination of thé national emergency pro­ the creation of the Greece-Turkey-Syria are necessary to the delivery by Appli­ claimed by the President under the date Area Westbound Tobacco Conference cant of natural gas sold in interstate of May 27, 1941. covering the establishment and mainte­ commerce to Texas Eastern Transmission Interested parties may inspect this nance of rates, charges and practices for Corporation (Texas Eastern) by sellers agreement and obtain copies thereof at the transportation of tobacco from other than the Applicant. the Regulation Office, Fédéral Maritime Greek, Turkish and Syrian ports to In Docket No. G-8107, under an agree­ Board, Washington, D. C., and may sub­ North Atlantic ports of the United States ment dated February 4, 1952, between mit, within 20 days after publication of (Hampton Roads/Portland Range). Applicant and Texas Eastern, Applicant this notice in the F ederal R egister, Interested parties may inspect this operates facilities for the movement of written statements with reference to the agreement and obtain copies thereof at natural gas from the West Hamshire agreement and their position as to ap­ the Regulation Office, Federal Maritime Field, Jefferson County, Texas, to the ' proval, disapproval, or modification, to­ Board, Washington, D. C., and may sub­ transmission lines of Texas Eastern. gether with request for hearing should mit, within 20 days after publication of Such natural gas is purchased by Texas such hearing be desired. this notice in the F ederal R eg ister, writ­ Eastern from Texas Eastern Production Dated: February 11, 1957. ten statements with reference to the Corporation and Applicant processes and agreement and their position as to ap­ dehydrates the gas in its Winnie and By order of the Federal Maritime proval, disapproval, or modification, to­ Orange County plants for final delivery Board. gether with request for hearing should by Applicant to Texas Eastern. J ames L. P im pe r , such hearing be desired' In Docket No. G-8108, under an agree­ Secretary. Dated: February 11, 1957. ment dated March 10, 1953, between Ap­ plicant and Sun Oil Company, Applicant [P. R. Doc. 57-1155; Piled, Feta. 14, 1957; By order of the Federal Maritime 8:45 a. m.] operates facilities for the movement of Board. natural gas from the North Winnie and J ames L. P im pe r , Stowell Fields, Chambers and Jefferson Secretary. Counties, Texas, to the transmission [F. R. Doc. 57-1157; Piled, Feta. 14, 1957; lines of Texas Eastern. Such natural gas R ailw ay E x press A gency, I n c . and 8:46 a. m.] is purchased by Texas Eastern from Sun T railer M arine T ransportation, I n c . Oil Company and Applicant processes NOTICE OP AGREEMENT FILED FOR APPROVAL and dehydrates* the gas in its Winnie and Orange County plants for final delivery Notice is hereby given that there has [Docket No. 808] been filed with the Board for approval by Applicant (after compression of the P a c ific C oast-H a w a ii and A tlantic/ Stowell gas) to Texas Eastern. By a sep­ pursuant to Section 15 of the Shipping arate agreement dated March 10, 1953, Act, 1916 <39 Stat. 733, 46 U. S. C. 814), G u l f -H a w a ii; G eneral I ncrease in Agreement No. 8197, between Railway R ates between Applicant and Texas Eastern, n o tic e o f hearing Applicant is obligated to compress the Express Agency, Incorporated, and North Winnie gas purchased by Texas Trailer Marine Transportation, Inc., Pursuant to Notice of Investigation Eastern from Sun Oil Company before providing for transportation of express and of Hearing in this proceeding, ap­ shipments between continental United delivering such gas to Texas Eastern. pearing in the F ederal R eg ister of Feb­ In Docket No. G-8109, under an agree­ States and Puerto Rico and the Virgin ruary 8, 1957 (22 F. R. 797), the hearing ment dated March 17, 1953, between Ap­ Islands. Shipments moving north­ scheduled to begin at 10 o’clock a. m., plicant, Texas Eastern and Phillips Pe­ bound, as well as southbound, will be March 11, 1957, at San Francisco, Cali­ troleum Company, Applicant operates transported from point of origin to point fornia, will be held in Room 226-A, Old facilities for the movement of natural of destination under through bills of Mint Building, 5th and Mission Streets. lading of Railway Express. gas from the North Port Neches Field, Dated: February 12, 1957. Orange County, Texas, to the transmis­ Interested parties may inspect this sion lines of Texas Eastern. Such agreement and obtain copies thereof at By order of the Federal Maritime natural gas is purchased by Texas East­ the Regulation Office, Federal Maritime Board. ern from Phillips Petroleum Company Board, Washington, D. C., and may sub­ G eo . A. Vie h m a n n , and Applicant processes and dehydrates mit, within twenty (20) days after publi­ Assistant Secretary. the gas in its Orange County plant for cation of this notice in the F ederal [P. R. Doc. 57-1198; Piled, Feb. 14, 1957; final delivery by Applicant to Texas R egister, written statements with refer­ 8:53 a. m.] Eastern. s ence to the agreement and their position These related matters should be heard as to approval, disapproval, or modifi­ on a consolidated record and disposed cation, together with request for hearing FEDERAL POWER COMMISSION should such hearing be desired. of as promptly as possible under the ap­ [Docket Nos. G-8107, G-8108, G-8109] plicable rules and regulations, and to Dated: February 11, 1957. that end: T exas G as C o r p.1 By order of the Federal Maritime Take further notice that, pursuant to Board. NOTICE OF APPLICATIONS AND DATE OF the authority contained in and subject HEARING to the jurisdiction conferred upon the J ames L. P im pe r , Federal Power Commission by sections Secretary. F ebruary 11,1957. 7 and 15 of the Natural Gas Act, and [F. R. Doc. 57-1156; Piled, Feta. 14, 1957; Take notice that Texas Gas Corpora­ the Commission’s rules of practice and 8:45 a. m.] tion (Applicant), a Texas corporation procedure, a hearing will be held on with principal place of business at Hous­ Wednesday, March 13, 1957, at 10:00 ton, Texas, filed on December 9, 1954, in a. m., e. s. t., in a Hearing Room of the the above-entitled dockets, applications Federal Power Commission, 441 G Street A m erican E xport L in e s , I nc, et al. for certificates of public convenience and NW., Washington, D. C., concerning the NOTICE OF AGREEMENT FILED FOR APPROVAL necessity, pursuant to section 7 (c) of the matters involved in and the issues pre­ Natural Gas Act, authorizing Applicant sented by such applications: Provided, Notice is hereby given that the follow­ to render service as hereinafter de­ hoicever, That the Commission may, ing described agreement has been filed scribed, subject to the jurisdiction of the after a noncontested hearing, dispose with the Board for approval pursuant to Commission, all as more fully represented of the proceedings pursuant to the pro­ section 15 of the Shipping Act, 1916, 39 in the applications which are on file with visions of §1.30 (c) (1) or (2) of the Stat. 733, 46 U. S. C. 814: the Commission and open for public Commission’s rules of practice and pro­ Agreement No. 8350, between Ameri­ inspection. cedure. can Export Lines, Inc., and the carriers Applicant operates certain natural gas Protests or petitions to intervene may comprising Fem-Ville Mediterranean facilities, as hereinafter described, which be filed with the Federal Power Com­ Lines-Feamley & Eger and A. F. Klave- mission, Washington 25, D. C., in ac­ ness & CO. A/S joint service provides for 1 Formerly McCarthy Chemical Company, cordance with the rules of practice and

m 958 NOTICES procedure (18 CFR 1.8 or 1.10) on or mission enter upon a hearing concerning [Docket No. 11885; FCC 57M-118] before February 26, 1957. Failure of the lawfulness of the said proposed in­ M orrison C ab C o . any party to appear at and participate creased rate and charge, and that the in the hearing shall be construed as above-designated supplement be sus­ ORDER CONTINUING HEARING waiver of and concurrence in omission pended and the use thereof deferred as In the matter of E. W. Morrison, d/b herein of the intermediate decision pro­ hereinafter ordered. as Morrison Cab Company, Hammond, cedure in cases where a request therefor The Commission orders: Louisiana, Docket No. 11885, order to is made. (A) Pursuant to the authority con­ show cause why the license for taxicab tained in sections 4 and 15 of the Nat­ [seal] J . H. G u trid e, radio station KKC 600 should not be re­ Secretary. ural Gas Act and the Commission’s voked. general rules and regulations thereunder The Hearing'Examiner having under [P. R. Doc. 57-1162; Filed, Feb. 14, 1957; (18 CFR Chapter I), a public hearing consideration the motion of the Com­ 8:47 a.m .] be held upon a date to be fixed by notice mission’s Safety and Special Radio Serv­ from the Secretary concerning the law­ ices Bureau, filed January 31, 1957, re­ fulness of said proposed increased rate questing that the hearing in the above- and charge; and, pending such hearing entitled proceeding, which is presently [Docket No. 0-11712] and decision thereon, the above-design scheduled to commence on February 25, H. S. C o le, J r., et al. nated supplement be and it is hereby 1957, be continued indefinitely; suspended and the use thereof deferred It appearing, that sufficient grounds ORDER SUSPENDING PROPOSED CHANGES IN until July 14, 1957, and until such fur­ are set forth in support of the motion RATES, AMENDMENT ther time as it is made effective in the and that the respondent has not filed F ebruary 5, 1957. manner prescribed by the Natural Gas opposition thereto; In the Order Suspending Proposed Act. It is ordered, This 8th day of February Changes in Rates, issued January 9,1957, (B) Neither the supplement hereby 1957, that the motion is granted and that suspended, nor the rate schedule sought and Published in the F ederal R egister on the hearing in the above-entitled pro­ January 16, 1957 (22 F. R. 324), under to be altered thereby shall be changed ceeding is continued indefinitely. "Rate Schedule Designation” the words until this proceeding has been disposed Released: February 11,1957. "Supplement No. 1 to Cole’s FPC Gas of or until the period of suspension has Rate Schedule No. 3” should be corrected expired, unless otherwise ordered by the F ederal C ommunications to read “Supplement No. 2 to Cole’s FPC Commission. C o m m issio n , (C) Interested state commissions may [seal] M ary J ane M o rris, Gas Rate Schedule No. 3.” participate as provided by §§ 1.8 and Secretary. [seal] J. H. G u tride, 1.37 (f) of the Commission’s rules of [F. R. Doc. 57-1206; Filed, Feb. 14, 1957; Secretary. practice and procedure (18 CFR 1.8 and 8:53 a. m.] [F. R. Doc. 57-1163; Filed, Feb. 14, 1957; 1.37 (f)). 8:47 a. m.] Issued: February 11,1957. By the Commission.8 [Docket No. 11899; FCC 57-122] [SEAL] J . H . G u tr id e, T e l ev isio n D iablo, I n c. (KOVR) [Docket No. 0-11926] Secretary. memorandum o p in io n and order d esig ­ S tanolind O il & G as C o. [F. R. Doc. 57-1161; Filed, Feb. 14, 1957; nating APPLICATION FOR HEARING : 8:47 a.m .] ORDER SUSPENDING PROPOSED CHANGE IN., In re application of Television Diablo, RATES Inc. (KOVR), Stockton, California, Stanolind Oil & Gas Company (Stano- FEDERAL COMMUNICATIONS Docket No. 11899, File No. BPCT-2187, lind), oh January 14, 1957, tendered for for construction permit to change trans­ filing a proposed change in its presently COMMISSION mitter site, etc. effective rate schedule for a sale of nat­ [Docket Nos. 11875, 11876; FCC 57M-117] 1. On November 8, 1956, the Com­ ural gas subject to the jurisdiction of mission granted the above-captioned the Commission. The proposed change, Charles W . D o w dy and T hom as D. application of Television Diablo, Inc. which constitutes ah increased rate and P ickard (KOVR), Channel 13, Stockton, Cali­ charge, is contained in the following ORDER CONTINUING HEARING fornia, for a construction permit to designated filing: change transmitter site, etc. On De­ Description: Notice of Change dated Jan­ In re applications of Charles W. cember 3, 1956, Capital City TV Corpo­ uary 10,1957. Dowdy, Tifton, Georgia, Docket No. ration (Capital City), licensee of Purchaser: Mississippi River Fuel Cor­ 11875, File No. BP-10550; Thomas D. television broadcast station KCCC-TV, poration. Pickard, Ashburn, Georgia, Docket No. Channel 40, Sacramento, California, Rate Schedule Designation: Supplement 11876, File No. BP-10785; for construc­ filed its “Protest and Petition for Recon­ No. 6 to Stanollnd’s FPC Gas Rate Schedule tion permits. sideration” pursuant to sections 309 (c) No. 62. The Hearing Examiner having under and 405 of the Communications Act of Effective D ate:1 February 14,1957. consideration an oral request from the 1934, as amended, directed against the In support of its proposed rate change, applicants for a continuance; Commission’s action of November 8, Stanolind has stated the increase is a It appearing that the hearing is cur­ 1956, granting the above-captioned ap­ part of the contract with the purchaser rently scheduled to begin on February plication. The petitioner also requested and has submitted no cost supporting 14, 1957; and reconsideration of the Commission’s data for the increase. It further appearing that the Broad­ actionsjof like date returning the appli­ The increased rate and charge so pro­ cast Bureau does not oppose the request cation tendered by Capital City for posed has not been shown to be justified, and that good cause .has been shown; Channel 13 at Stockton, and denying and may be unjust, unreasonable, unduly It is ordered, This 8th day of February Capital City’s petition for comparative discriminatory, or preferential, or other­ 1957, that the hearing scheduled for consideration of such application with wise unlawful. February 14 is continued to March 21, the above-captioned application and The Commission finds: It is necessary 1957. with the pending application (BLCT- and proper in the public interest, and to F ederal C ommunications 459) of KOVR for license. On January aid in the enforcement of the provisions C o m m issio n , 2, 1957, the Commission, by Memo­ of the Natural Gas Act, that the Com- M ary J ane M o rris, randum Opinion and Order (FCC 57-7) Secretary. found that the protestant was a party 1The stated effective date is the first day [F. R. Doc. 57-1205; Filed, Feb. 14, 1957; in interest, and that it had specified with after expiration of the required thirty days* 8:53 a. m .] particularity, as required by section 309 notice, or the effective date proposed by (c) of the Communications Act, the facts Stanolind, if later. 2 Commissioner Digby dissenting. upon which it had relied in support of Friday, February 15, 1957 FEDERAL REGISTER 959 its protest. Accordingly, on the latter tion is designated for hearing at the of­ the injury which might be caused to op­ date, the Commission postponed the ef­ fices of the Commission in Washington, erating, authorized, or prospective UHF fective date of the grant of the above- D. C., on the following issues: stations in the Sacramento and Stockton captioned application and designated A; To determine (1) all of the facts areas and to the public In said areas. the application for hearing “at a time and circumstances which led to Televi­ K. To determine the nature of the pro­ and place, upon appropriate issues, and sion Diablo’s proposal herein to change gram service which has been rendered by pursuant to hearing procedures, to be the transmitter site of Station KOVR Station KOVR and which is proposed to specified by further order of the (TV); (2) those particular facts; circum­ be rendered under its application, and Commission.” stances and considerations which led to whether such programming meets the 2. The protestant specifies thirteen is­ the selection of the specific site pro­ needs and interests of audiences in sues upon which it requests a hearing. posed; and (3) whether Television Di­ Stockton and its trade areas. Inasmuch as we have found that the ablo made a full and complete disclosure L. To determine whether the grant to protestant has alleged sufficient facts in of these facts in its application herein, Television Diablo was improperly made, support of such issues, we are designat­ or whether it misrepresented or con­ in violation of the requirements of the ing all of the issues specified for a full cealed material facts in connection Communications Act and of the require­ evidentiary hearing. Issues E, P and G therewith. ments established by the Supreme Court raise questions concerning the loss of B. To determine all of the facts con­ in Ashbackei; v. FCC, concerning the need service which would allegedly result cerning Television Diablo’s plans' and 'for comparative consideration of co­ from the proposed move. Designation intentions with regard to operation in, pending, mutually exclusive applications. of these issues for evidentiary hearing or identification of Station KOVR with M. To determine whether, in the light does not constitute a determination by Sacramento and its trade area and, of the facts adduced upon the foregoing the Commission that the evidence to be whether Television Diablo made a full issues, the public interests, convenience adduced in support of thèse issues is and complete disclosure of such facts in or necessity would be served by a grant of material. Furthermore, the matters its application herein, or whether it said application. The Commission is not raised thereby also bear upon serious misrepresented or concealed material adopting the issues specified by the pro- questions of law and policy, inter alia, facts in connection therewith. testant; therefore, the burden of pro­ whether the matters raised by .these is­ C. To determine whether Television ceeding with the introduction of evi­ sues are grounds for setting aside the Diablo, in its various applications and dence and the burden of proof as to each grant. Therefore, the parties should be other filings with the Commission, has of the above issues shall be on the pro- prepared to address themselves to these made full and complete disclosure of, or testant. matters in the proceeding. has misrepresented or concealed mate­ It is further ordered, That the Protes­ 3. Issues I and J, framed in terms of rial facts with respect to, its plans and tant and the Chief, Broadcast Bureau, determining the impact of the grant intentions to operate KOVR (TV) as a are hereby made parties to the proceed­ upon operating, authorized or prospec­ Stockton station. ing herein, and that: tive UHF stations, are based upon fac­ D. To determine, in the light of the (a) The hearing on the above issues tual allegations of economic injury to evidence adduced under the foregoing shall commence at 10:00 a. m. on March the protestant. The Commission has issues, whether Television Diablo pos­ 4, 1957, before an Examiner to be speci­ recently reasserted in WWSW, Inc., 14 sesses the requisite character and other fied at a later date; and Pike & Fischer RR 492, Perry County qualifications to be a permittee or li­ (b) The appearances by the parties Broadcasting Company (FCC 56-1031) censee of a television broadcast station. intending to participate in the above and Richard F. Lewis, Jr., Inc. (FCC E. To determine the areas and popu­ hearing shall be filed not later than Feb­ 56-1055) the principles expressed in the lations which would lose service as a re­ ruary 25, 1957. Voice of Cullman case (6 Pike & Fischer sult of the proposed move of transmitter It is further ordered, That in recogni­ RR 161), in which we refused a hearing site of Station KOVR (TV), and the tion of the requirement of section 309 on this type of issue. Therefore, al­ other television services available to •(c) that hearing and determination of though the Commission is designating such areas and populations. cases arising thereunder shall be expe­ these two issues for full evidentiary hear­ F. To determine whether the oper­ dited by the Commission, the Examiner ing in order to expedite this proceeding, ation of KOVR (TV) from the site pro­ is directed to provide for the filing of this should not be construed as a deter­ posed in the application would result in Proposed Findings of Fact and Conclu-. mination that the matters raised by an increase or decrease of television sions of Law as expeditiously as possible these issues, assuming the facts as al­ service to Stockton and to the other after the close of the hearing herein leged are proven, are grounds for setting areas and communities within the ordered. Stockton trade area. aside the grant or that the competitive Adopted: February 6, 1957. effect of the proposed move oh the Pro­ G. To determine whether the change testant’s station is a relevant consider­ in transmitter site of Station KOVR is Released: February 11, 1957. ation. intended to, and would result in, closer 4. Thé retention of issue L in the hear­ identity of that station with Stockton F ederal C ommunications ing should not be construed as action and its trade area. C o m m issio n , H. To determine whether a grant of [seal] M ary J ane M o rris, upon the petition for reconsideration Secretary. filed by Capital City. That petition, in­ the application of Television Diablo sofar as it requests reconsideration of would contravene the requirements of [F. R. Doc. 57-1207; Filed, Feb. 14, 1957; the Commission’s actions returning Cap­ § 3.607 of the Commission’s rules, the 8:54 a. in.] ital City’s application for Stockton and principles of a fair, efficient and equita­ refusing to afford such application com­ ble distribution of television broadcast parative consideration with the above- facilities specified in section 307 (b) of captioned application and with the pend­ the act, and the principles upon which [Docket No. 11928-11930; FCC 57-130] ing license application filed by KOVR the assignment of television broadcast (BLCT-459), will be treated in a sepa­ channels has been made by the Commis­ W ash in gton B roadcasting C o . et al. rate Memorandum Opinion and Order sion. I. To determine whether a grant of ORDER DESIGNATING APPLICATIONS FOR CON­ at a later date. Capital City’s request SOLIDATED HEARING ON STATED ISSUES for reconsideration of the Commission’s the Television Diablo application would action granting the above-captioned ap­ impair the ability of operating, author­ In re applications of 'Washington plication has been granted to the extent ized, or prospective UHF stations in the Broadcasting Company, Manassas, Vir­ that a hearing has been ordered on its Sacramento and Stockton areas to effec­ ginia, Docket No. 11928, File No. BP- protest and is denial in all other re­ tively compete with other local TV sta­ 10509; O. K. Broadcasting Corporation, tions, or whether the public would be Triangle, Virginia, Docket No. 11929, File spects. deprived of the services of such UHF 5. In view of the foregoing: It is or­ No. BP-10654; Harold H. Hersch and stations. Edward L. Weaver d/b as Prince William dered, That pursuant to section 309 (c) J. To determine the need, if any, for Broadcasting Company, Manassas, Vir­ of the Communications Act of 1934, as the service proposed herein by Television ginia, Docket No. 11930, F ie No. BP- amended, the above-captioned applica- Diablo and whether such need outweighs 10849; For construction permits. nro.32---- 3 960 NOTICES At a session of the Federal Communi­ the Triangle, Virginia proposal or one of otherwise qualified, except as may appear cations Commission held at its offices the Manassas, Virginia proposals, from the issues specified below, to oper­ in Washington, D. C., on the 6th day of herein, would better provide a fair, ef­ ate station WAYE as proposed, but that February 1957 ; * ficient and equitable distribution of the proposed operation would not pro­ The Commission having under con­ radio service. vide a signal of 25 mv/m over all the sideration the above-captioned applica­ 4. To determine, in the event that one business and industrial areas of the City tions of the Washington Broadcasting of the Manassas, Virginia proposals is of Baltimore nor a signal of 5 mv/m over Company, the O. K. Broadcasting Cor­ favored under Issue 3, which of the op­ all the residential area of the city sought poration and Harold H. Hersch and Ed­ erations proposed by the Washington to be served as required by §§ 3.182 and ward L. Weaver, d/b as Prince William Broadcasting Company and the Prince 3.188 of the Commission’s rules; and Broadcasting Company, each for a con­ William Broadcasting Company for Ma- It further appearing, that, pursuant struction permit for a new standard nasses, Virginia, would better serve the to section 309 (b) of the Communica­ broadcast station to operate on 1460 public interest in the light of the evi­ tions Act of 1934, as amended, the sub­ kilocycles with a power of 500 watts, day­ dence adduced under the foregoing issues ject applicant was advised by letter dated time only, the Washington Broadcasting and the record made with respect to August 31, 1956, of the aforementioned Company and the Prince William Broad­ the significant differences between the deficiency and that the Commission was casting Company specifying Manassas two applicants as to: unable to conclude that a grant of the as the station location, the O. K. Broad­ (a) The background and experience application would be in the public casting Corporation specifying Triangle of each of the two above-named appli­ interest; and as the station location, both in the State cants to own and operate their proposed It further appearing, that the appli­ of Virginia; stations. cant replied to the Commission’s letter It appearing, that all of the applicants (b) The proposals of each of the two on December 10, 1956, and submitted are legally, technically, financially and above-named applicants with respect to .spot measurements purporting to show otherwise qualified, except as may appear the management and operation of their that the proposed operation would pro­ from the issues specified below to operate proposed stations. vide adequate coverage to the city sought their proposed stations, but that the pro­ (c) The programming service pro­ to be served, but that the measurements posed operations would result in mutu­ submitted do not adequately establish posed in each of the two above-men­ the fact that the proposal will provide ally destructive interference and the pro­ tioned applications. the coverage required by the Technical posed operation of the O. K. Broadcasting 5. To determine, in the light of the Standards; and Corporation would be involved in objec­ evidence adduced pursuant to the fore­ It further appearing, that the com­ tionable interference with Station WOL, going issues, which, if any, of the appli­ mission, after consideration of the above, Washington, D. C. (1450 kc, 250 w, U) ; cations should be granted. is of the opinion that a hearing is and It is further ordeted, That, to avail necessary; It further appearing, that pursuant to themselves of the opportunity to be It is ordered, That, pursuant to section section 309. (b) of the Communications heard, the Washington Broadcasting 309 (b) of the Comunications Act of Act of 1934, as amended, the subject Company, the O. K. Broadcasting Cor­ 1934, as amended, the said application applicants were advised by letter dated poration and the Prince William Broad­ is designated for hearing, at a time and November 9,1956, of the aforementioned casting Company, pursuant to § 1.387 of place to be specified in a subsequent interference and that the Commission the Commission’s rules, in person or by order, upon the following issues: was unable to conclude that a grant of attorney, shall within 20 days of the 1. To determine whether the operation any of the applications Would be in the mailing of this order, file with the Com­ as proposed would be in compliance with public interest ; and mission, in triplicate, a written appear­ the Commission’s Rule and Technical It further appearing, that a timely ance stating an intention to appear on Standards with particular reference to reply was received from each applicant, the date fixed for the hearing and pre­ adequate coverage of the city sought to the Washington Broadcasting Company-, sent evidence on the issues specified in be served. also licensee of Station WOL, indicating this order. in its reply that evidence would be offered 2. To determine, in the light of the Released: February 11, 1957. evidence adduced pursuant to the fore­ with respect to .the interference which going issues, whether a grant of the ap­ would be caused to Station WOL by the F ederal C ommunications plication would serve the public interest. proposed operation of the O. K. Broad­ Co m m issio n , casting Corporation; and It is further ordered, That, to avail [ seal] M ary J ane M o r r is, itself of the opportunity to be heard, It further appearing, that the Com­ Secretary. mission, after consideration of the re­ Erway Broadcasting Corporation, pur­ plies, is of the opinion that a hearing is [F. R. Doc. 57-1208; Filed, Feb. 14, 1957; suant to § 1.387 of the Commission’s necessary ; 8:54 a. m.} rules, in person or by attorney, shall It is ordered, That, pursuant to section within 20 days of the mailing of this 309 (b) of the Communications Act of order, file with the Commission, in trip­ 1934, as. amended, the said applications licate, a written appearance stating an are designated for hearing in a consoli­ [Docket No. 11931; FCC 57-131] intention to appear on the date fixed for dated proceeding, at a time and place rw ay roadcasting orp the hearing and present evidence on the E B C .. (W A Y E) issues specified in this order. to be specified in a subsequent order, ORDER DESIGNATING APPLICATION FOR upon the following issues : Released: February 11, 1957. 1. To detèrmine the areas and popu­ HEARING ON STATED ISSUES lations which would receive primary In re application of Erway Broadcast­ F ederal C ommunications service from the proposed operations ing Corporation (WAYE), Dundalk, Co m m issio n , and the availability of other primary Maryland, Docket No. 11931, File No. [seal] M ary J ane M o r r is, service to such areas and populations. BML-1679; for modification of license. Secretary. 2. To determine whether the proposed At a session of the Federal Communi­ [F. R. Doc. 57-1209; Filed, Feb. 14, 1957; operation of the O. K. Broadcasting Cor­ cations Commission held at its offices in 8:54 a. m.] poration would cause interference to Washington, D. C., on the 6th day of Station WOL, Washington, D. C., or any February 1957; other existing standard broadcast sta­ The Commission having under con­ [Docket No. 11932^ FCC 57-126] tions, and, if so, the nature and extent sideration the above-captioned applica­ tion of the Erway Broadcasting Corpora­ N e w J ersey E xchanges, I n c . (KEC738) thereof, the areas and populations af­ tion for a modification of the license of fected thereby, and the availability of Station WAYE, Dundalk, Maryland, to MEMORANDUM OPINION AND ORDER DESIG­ other primary service to such areas and change the station designation to Balti­ NATING APPLICATION FOR HEARING ON populations. more, Maryland, and to change studio STATED ISSUES 3. To determine, in light of section location; In the matter of the application of 307 (b) of the Communications Act of It appearing, that the applicant is New Jersey Exchanges, Inc. (KEC738), 1934, as amended, whether a grant of legally, technically, financially and Docket No. 11932, File No. 2379-C2-P- Friday, February 15, 1957 FEDERAL REGISTER 961 » ¿yjfc; -\ 56; for a construction permit to establish and limit its expansion; and that there is to be computed from the date of the a new station for two-way communica­ is no need for a second like service in Commission’s action granting an author­ tions in the Domestic Public Land Mo- this area, and a grant of Applicant’s ap­ ization. Rather, we have held that the _ bile Radio Service at Ridgewood, New plication would jeopardize the reliable computation of the 30 day period should Jersey. and efficient service the public now has- begin with the date on which the Com­ 1. The Commission has before it forin this area. Protestant further states mission releases its Public Notice of the consideration (a) a protest and petition that Applicant is not financially quali­ action taken. Such interpretation will for reconsideration filed on January 7, fied; that the proposed service will be accord an affected party the full 30 day 1957, pursuant to sections 309 (c) and inadequate; and that Applicant has statutory period. (See In re Applica­ 405 of the Communications Act of 1934, made no showing of need for the new tions of Salinas Broadcasting Corp., etc., as amended, by Telephone Secretarial facility. 9 R. R. 192.) Thus, computing the 30 Service, Inc. (hereinafter called Pro­ 4. Protestant requests that the appli­ day period from the date of our Public testant), licensee of station KEA263, a cation be designated for hearing upon Notice, December 10, 1956, we find that two-way facility licensed in the Domes- the following issues: the 30 day period expired on January m tic Public Land Mobile Radio Service at (1) To determine whether or not the Ap­ 9, 1957, and the protest was timely filed. Newark, New Jersey, protesting the plicant is financially qualified to establish The Valley Broadcasting Co. case, supra, I Commission’s action of December 5, and operate the proposed service; cited by Applicant, is not in point since 1956, granting without hearing the (2) To determine the nature and extent it was conceded by the parties to that above-entitled application of New Jersey of service proposed by the Applicant, includ­ proceeding that the 30 days allowed Exchanges, Inc. (hereinafter called Ap­ ing the rates, charges, practices, classifica­ under section 309 (c) expired on Novem­ tions, regulations and facilities pertaining plicant) for a construction permit to thereto; ber 21,. 1955, and no issue was either pre­ provide a two-way communications serv­ (3) To determine whether the equipment, sented or decided relative to when the ice in the Domestic Public Land Mobile staff and facilities proposed by Applicant are computation of such period should start Radio Service in the Ridgewood, New adequate to render a satisfactory service to to run. ■ Jersey area; (b) an opposition to the the public; 7. Disposition of the protest. In the said protest and petition timely filed by (4) To determine whether or not there is light of the fact that Protestant is a Applicant on January 14, 1957; and (c) a public need and demand for the proposed licensee of a facility like that proposed a reply to the opposition timely filed on service; by Applicant, which facility, it is alleged, (5) To determine the effect the proposed January 18,1957. service would have on the service now ren­ will be in direct competition with that 2. Preliminary statement. On Junedered to the public in the area involved; of Protestant, and that Protestant has 13, 1956, Applicant applied for a con­ and whether the proposed service would alleged that economic injury will result struction permit for the two-way com­ impair overall service in the area to the in­ from the grant complained of, we are of munications service mentioned in para­ ju ry of th e public; the view that the Protestant is a party graph 1 above. A construction permit (6) To determine in the light of the fore­ in interest within the meaning of section was issued on December 5, 1956, and going issues, and any additional issues the 309 (c) of the Communications Act of Commission may prescribe, whether the pub­ public notice of this action was issued on lic interest, convenience and necessity would 1934, as amended (Sanders vs FCC, 309 December 10, 1956 (Report No. 352, be served by a grant of the application. U. S. 470). Mimeograph #38544). Prior to the 8. The suggested issue (1) in the pro­ grant of the above-captioned applica­ 5. The opposition to the protest. Ap­ test will be adopted as written; issues tion, the Protestant filed an informal plicant asserts that the protest was filed (2) and (3) will be combined, since both opposition thereto on August 29, 1956. late, since it was not filed within 30 days .involve the same subject matter; issues A letter dated December 5,1956, was sent of the date of grant of the above-cap­ (4) and (5) will be combined and re­ to the Protestant advising it that, al­ tioned application. Applicant urges worded, since both deal with the question though consideration had been given to that, since section 309 (c) provides that of need for the service in the area in its opposition, the Applicant’s applica­ “such grant shall remain subject to pro­ question; and issue (6), which is con­ tion had been granted without hearing test as hereinafter provided for a period clusionary in nature, will be rewritten to on December 5,1956. of thirty days”, and the protest here was include the issues set forth hereinafter. 3. Protestant’s protest. In support ofnot filed until January 7,1957, more than 9. We are unable to find any justifica­ its protest, Protestant asserts that it is 30 days from the date of grant and the tion for continuing Applicant’s grant a party in interest within the meaning mailing of a notice thereof to the Pro­ pending disposition of this case. Our of section 309 (c) of the Communications testant, the protest was filed late. Ap­ disposition hereof makes further con­ Act, since Applicant’s transmitter is to plicant cites the case of Valley Broad­ sideration of the petition for reconsider­ be located in Clifton, New Jersey with casting Co. vs. FCC, 237 P. 2d 784, for the ation moot. the control point in Ridgewood, New proposition that a timely protest under 10. Accordingly, in the light of our Jersey, placing the transmitter site section 309 (c) must be filed within 30 conclusions in paragraphs 7, 8 and 9 “barely 10 miles from that of” Protestant, days of the Commission’s grant. The above, and in order to carry out the in­ which site “lies in the heart of the remainder of the opposition, in sum­ tent of Congress with respect to section Paterson-Clifton-Passaic area from mary, is a general denial of the matters 309 (c) of our act^; which Protestant now derives more than alleged in the protest and urges that 11. It is ordered, That, this matter is one-third of its business”; that about Protestant has not stated facts sufficient designated for hearing upon the follow­ half of Protestant’s subscribers and mo­ vto show that a grant of the protested ing issues: bile units are closer to Clifton than to construction permit would not be in the (a) To determine the nature and ex­ Newark; that the community of Ridge­ public interest. Applicant argues that tent of service proposed by Applicant, in­ wood and the area to the north of Ridge­ its grant should not be set aside because cluding -the rates, charges, practices, wood is largely residential in character it has commenced construction. Appli­ classifications, regulations, personnel and and would not provide Applicant with cant also asserts that the petition for facilities pertaining thereto. sufficient customers to operate on the reconsideration is defective in non-com­ (b) To determine the nature and ex­ basis proposed; that the Applicant, pliance with § 1.390 (a) of our rules. tent of service now rendered by Pro­ therefore, must seek his customers from 6. Disposition of the plea that the pro­ testant, including the rates, charges, adjacent industrial and commerical test was not timely filed. We must re­ practices, classifications, regulations, centers of Paterson-Clifton-Passaic, in ject, as being without merit, the conten­ personnel and facilities pertaining which area a large portion of Protes­ tion that the instant protest was not thereto. tant’s subscribers are located; that Pro­ timely filed. While the grant of the (c) To determine the area and popu­ testant has the capacity to serve sub­ protested application was made on De­ lation presently covered by the service scribers in Ridgewood and surrounding cember 5, 1956, and a notice of such ac­ offered by Protestant. areas “more efficiently and at less cost tion was also mailed to the Protestant (d) To determine the area and popu­ on the same date, the Protestant cannot lation to be covered by the service pro­ than” Applicant; that Applicant’s pro­ be charged with actual notice of the posed by Applicant. posed service is directly competitive with event on that date. We do not interpret (e) To determine the need for the Protestant’s service and Applicant’s serv­ the 30 day time limitation provided in proposed service of Applicant, and the ice would reduce Protestant’s revenue section 309 (c) to mean th at such period nature and extent of any benefits to the 962 NOTICES public which will accrue because of Ap­ hearing the above-entitled application;1 the Commission advised the applicant plicant’s proposed service. (b) separate oppositions thereto filed on that the proposed nighttime operation of (f) To determine whether any dis­ January 22, 1957 by Watchtower Bible WCRB would be subject to excessive in- advantages to the public will accrue be­ and Tract Society of New York, Inc., and terference from Stations WEVD, WHAZ cause of Applicant’s proposed service. Tele-Broadcasters of New York, Inc., and WBBR; that the interference from (g) To determine whether or not the respectively; (c) a “Protest and Petition WBBR would be particularly severe; and Applicant is financially qualified to es­ for Reconsideration,” filed on January 11, that a problem was therefore raised tablish and operate the proposed service. 1957, by Debs Memorial Radio Fund, Inc., under the Commission’s “10% rule” (h) To determine, in the light of the licensee of Stations WEVD and WEVD- (now § 3.28 (c) of the Commission’s evidence adduced on all the foregoing is­ FM, New York, N. Y., and directed rules) which prohibits a grant of a con­ sues, whether the public interest, con­ against the Commission’s grant of the struction permit for facilities which will venience or necessity will be served by a above-entitled application; (d) separate receive excessive interference. In reply grant of the subject application. oppositions thereto filed on January 22, to this letter, the applicant submitted 12. It is further ordered, That, the ef­ 1957 by Watchtower. Bible and Tract So­ additional engineering data purporting fective date of the Commission’s action ciety of New York, Inc., and Tele-Broad­ to show that the interference would not of December 5,1956, granting the above- casters of New York, Inc., respectively; be as severe as anticipated by the Com­ captioned application is postponed pend­ and (e) a reply to said oppositions filed mission, and stated that WCRB’s pro­ ing a final decision by the Commission on January 28, 1957 by Debs Memorial gram format of fine music warranted a with respect to the evidentiary hearing Radio Fund, Inc. grant despite engineering deficiencies. herein provided; and 2. The above application requestsAfter consideration of this reply, the 13. It is further ordered, That, the Commission consent to the proposed as­ Commission granted the application hearing herein, upon the issues speci­ signment of license of Station WBBR, (BP-8885) on June 9,1954. Prior to the fied in paragraph 11 above, shall be held Brooklyn, New York, from Watchtower grant of the above-entitled application, at the Commission’s offices in Washing­ Bible and Tract Society of New York, Inc., pleadings objecting thereto were filed by ton, D. C., on a date, and before an to Tele-Broadcasters of New York, Inc. the protestants herein, Debs Memorial Examiner, to be announced in-a subse­ All of the stock of the assignee is owned Radio Fund, Inc., and Charles River quent order; and by Tele-Broadcasters, Inc., a Delaware Broadcasting Company. Said pleadings 14. It is further ordered, That, the corporation. Station WBBR shares the were given careful consideration by the burden of proof on issues (a), (d), (e), use of its assigned frequency of 1330 kilo­ Commission in connection with its re­ suitable for lease and sale for residence Pursuant to authority delegated to me purposes under the Small Tract Act of b u sin ess in ter e st s by the California State Supervisor, Bu­ June 1, 1938 (52 Stat. 609; 43 U. S. C. The following statement lists the reau of Land Management, under Part 682a), as amended: names of concerns required by subsec­ II, Document 4, California State Office, tion 710 .(b) (6) of the Defense P^duc- dated November 19,1954 (19 F. R. 7697), S an B ernardino B ase and M eridian tion Act of 1950, as amended. » I hereby amend Small Tract Classifica­ T. 9 N., R. 1 W., Sec. 19, NE%, W%, N& SE#, SW%SE%.- No change since last submission of Form tion Order No. 109, California No. 44, ODM-163. dated October 22, 1946, to permit lease Sec. 20, Ni/2SWy4, SE]4. T. 9 N., R. 2 W., This amends statement previously and sale of the following described lands Sec. 15, SE%, SE14SW 14, SE14NE&SW 14, for residence and/or business purposes: published in the F ederal R egister, Au­ se%sw y4sw y4, se&ne%. se ^ sw ^ gust 17, 1956 (21 F.R . 6202). Mo u n t Diablo B ase and M eridian NEi4, B%NE%NE%, Sec. 22, Ei/2, E1/2NW %, E% W y2NWy4, Dated: February 1, 1957. T. 25 S., R. 43 E„ swi/4sw y4Nw>A. Sec. 5, NVfcSE^SWiASE^, S&SE&SW-M, Sec. 23, N ^ . E. D. R eeves. SE%. | Sec. 24, Ei/2, NWi/4. [F. R. Doc. 57-1181; Filed, Feb. 14, 1957; R. G. S porleder, Officer-in-Charge, 2. Classification of the above-described 8:50 a. m.] Southern Field Group, lands by this order segregates them from Los Angeles, California. all appropriations, including locations under the mining laws, except as to ap­ [F. R. Doc. 57-1159; Filed, Feb. 14, 1957; plications under the mineral leasing W ill ia m W ebster 8:46 a. m.] laws. 3. The lands classified by thi§ order a ppo intee’s statem ent o f changes in shall not become subject to application b u sin ess in ter e st s under the Small Tract Act of June 1, The following statement lists the [Classification No. 52h] 1938 (52 Stat. 609; 43 U. S. C. 682a), as names of concerns required by subsec­ C alifornia amended, until it is so provided by an tion 710 (b) (6) of the Defense Produc­ tion Act of 1950, as amended. SMALL TRACT CLASSIFICATION 1 Where the amount Involved is in excess of $25,000, five working days advance notice CHANGES IN INVESTMENTS SINCE LAST F ebruary 5,1957. to th e Office of th e Secretary is required in SUBMISSION OF FORM ODM-163 1. Pursuant to authority delegated to accordance with the Secretary’s memoranda Deletions: Consolidated Industries, New me by the California State Supervisor, of M arch 2, 1954 and October 17, 1955. Products Research Corp. NOTICES

• Additions: Baird Associates-Atomic In­ R . Carter W ellford This amends statement previously strument Co., First National Bank of Bel published in the F ederal R eg ister, Air, Northeastern Steel Corp., U. S. Leasing a ppo in t ee’s statem ent o f changes in August 16, 1956 (21 F. R. 6152). b u sin ess in ter e st s Co. ' . Dated: February 1, 1957. This amends statement previously The following statement lists the D avid C. H o lub. published in the F ederal R egister, Au­ names of concerns required by subsec­ gust 14, 1956 (21 F. R. 6076). tion 710 (b) (6) of the Defense Produc­ [F. R. Doc. 57-1189; Filed, Feb. 14, 1957; tion Act"of 1950, as amended. Dated: February 1, 1957. 8:51 si. m.] No change since last submission of Form W ill ia m W ebster. ODM-163. (F. R. Doc. 57-1182; Filed, Feb. 14, 1957; This amends statement previously 8:50 a. m.] published in the F ederal R egister, M aurice C. W alsh August 14, 1956 (21 F. R. 6076). a ppo in t e e ’s statem ent o f changes in Dated: February 1, 1957. b u sin e ss in ter e st s R u ssell C. M cCarthy R . C arter W ellford. The following statement lists the a ppo in t e e ’s statem ent o f changes in [F. R. D oc.- 57-1186; Filed, Feb. 14, 1957; names of concerns required by subsec­ BUSINESS INTERESTS 8:50 a. m.] tion 710 (b) (6) of the Defense Pro­ The " following statement lists the duction Act of 1950, as amended. names of concerns required by subsec­ No change since last submission of Form tion 710 (b) (6) of the Defense Produc­ ODM-163. tion Act of 1950, as amended. S tanley R uttenberg This amends statement previously No change since last submission of Form a ppo in t e e ’s sta tem en t o f changes in published in the F ederal R egister ODM-163. b u sin ess in terests August 8, 1956 (21 F. R. 5948). This amends statement previously pub­ The following statement lists the Dated: February 1, 1957. lished in the F ederal R eg ister, August names of concerns required by subsection M aurice C. W alsh. 14,1956 (21 F. R. 6076). 710 (b) (6) of the Defense Production Dated: February 1,1957. Act of 1950, as amended. [F. Doc. 57-1190; Filed, Feb. 14, 1957; 8:51 a. m.} R u ssell C. M cCarthy. No change since last submission of Form ODM-163. [F. R. Doc. 57-1183; Filed, Feb. 14, 1957; 8:50 a. m.] This amends statement previously published in the F ederal R egister, Au­ gust 16,1956 (21 F. R. 6152). G . R . L e S auvage Dated: February 1, 1957. a ppo in t ee’s statem ent o f changes in P eter H en le BUSINESS INTERESTS S tanley R uttenberg. APPOINTEE’S STATEMENT OF CHANGESTN The following statement lists the BUSINESS INTERESTS [F. R. Doc. 57-1187; Filed, Feb. 14, 1957; names of concerns required by subsec­ The following statement lists the 8:51 a. m.] tion 710 (b) (6) of the Defense Produc­ names of concerns required by subsec­ tion Act of 1950, as amended. tion 710 (b) (6) of the Defense Produc­ No change since last submission of Form tion Act of 1950, as amended. ODM-163. C arlton S. D argusch No change since last submission of Form This amends statement previously ODM-163. % a ppo in t e e ’s sta tem en t o f changes in published in the F ederal R egister Au­ This amends statement previously pub­ b u sin e ss in t e r e st s gust 14,1956 (21F. R. 6076). lished in the F ederal R egister, August The following statement lists the Dated: February 1, 1957. 17,1956 (21 F. R. 6202). names of concerns required by subsection G. R. L e S auvage. Dated: February 1,1957. 710 (b) (6) of the Defense Production Act of 1950, as amended. [F. R. Doc. 57-1191; Filed, Feb. 14, 1957; P eter H e n l e . No change since last submission of ODM- 8:51 a. m.] [F. R. Doc. 57-1184; Filed, Feb. .14, 1957; 163. 8:50 a. m .] This amends statement previously pub­ lished in the F ederal R egister, August 14, 1956 (21 F. R. 6076) . H arold S. B lackman T hom as R . R eid Dated: February 1, 1957. a ppo in t e e ’s sta tem ent of changes in a pp o in t e e ’s statem ent o f changes in C arlton S. D argusch. BUSINESS INTERESTS BUSINESS INTERESTS [F. R. Doc. 57-1188; Filed, Feb. 14, 1957; The following statement lists the The following statement lists the 8:51 a. m.] names of concerns required by subsection names of concerns required by subsec­ 710 (b) (6) of the Defense Production tion 710 (b) (6) of the Defense Produc­ Act of 1950, as amended. tion Act of 1950, as amended. No change since last submission of Form No change since last submission of Form D avid C. H olub ODM-163. ODM-163. This amends statement previously a ppo in t e e ’s statem ent o f changes in This amends statement previously „ b u sin e ss in t e r e st s published in the F ederal R egister Au­ published in the F ederal R egister, September 19, 1956 (21 F. R. 7046). The following statement' lists the gust 8,1956 (21 F. R. 5948). names of concerns required by subsec­ Dated: February 1,1957. ' Dated: February 1, 1957. tion 710 (h) (6), of the Defense Pro­ H arold S. B lackman. T hom as R . R eid . duction Act of 1950, as amended. IF. R. Doc. 57-1185; H ied, Feb. 14, 1957; No change last submission of Form [F. R. Doc. 57-1192; Filed, Feb. 14, 1957; 8:50 a. m.] ODM-163. 8:51 a. m.] Friday, February 15, 1957 FEDERAL REGISTER 967 G e o ffr e y B aker This amends statement previously III. It is ordered, Pursuant to Rule published in the F ederal R egister, Au­ y 223 (a) of the general rules and regula­ a ppo in t ee's sta tem ent o f changes in gust 14,1956 (21 F. R. 6076). BUSINESS INTERESTS tions under the Securities Act of 1933, Dated: February 1, 1957. as amended, that the exemption under The following statement lists the Regulation A be, and it is hereby, tem­ names of concerns required by subsection G ordon B . C arson. porarily suspended. 710 (b) (6) of the Defense Production [F. R. Doc. 57-1196; Filed, Feb. 14, 1957; Notice is hereby given that any person Act of 1950, as amended. 8:52 a.m.] having any interest in the matter may No change since last submission of Form file with the Secretary of the Commission ODM-163. a written request for a hearing; that, within 20 days after receipt of such re­ This ajnends statement previously J ames H . T aylor quest, the Commission will, or at any published in the F ederal R egister, time upon its own motion may, set the August 25, 1956 (21 F. R. 6429). a ppo in t e e ’s statem ent o f changes in matter down for hearing at a place to Dated February 1, 1957. b u sin e ss in t e r e st s be designated by the Commission for the The following statement lists the purpose of determining whether this G eo ffrey B aker. names of concerns required by subsec­ order of suspension should be vacated [F. R. Doc. 57-1193; Filed, Feb. 14, 1957; tion 710- (b) (6) of the Defense Produc­ or made permanent, without prejudice, 8:52 a. m.] tion Act of 1950, as amended." however, to the consideration and pres­ No change since last submission of form entation of additional matters at the ODM-163. hearing; and that notice of the time and place of said hearing will be J ames F. B ro w n lee This amenda" statement previously promptly given by the Commission^ published in the F ederal R eg ister, a ppo in t ee’s statem ent o f changes in August 14, 1956 (21 F. R. 6076). By the Commission. BUSINESS INTERESTS Dated: February 1, 1957. [seal] O rval L. DuBois, The following statement lists the Secretary. J ames H . T aylor. names of concerns required by subsection [F. R. Doc. 57-1165; Filed, Feb. 14, 1957; 710 (b) (6) of the Defense Production [F. R. Doc. 57-1197; Filed Feb. 14, 1957; 8:47 a. m.] Act of 1950, as amended. 8:52 a. m.) Since the last filing of this form on August 1, 1956, I have become a Director of the Spencer Chemical Company, and a stock­ SECURITIES AND EXCHANGE [File No. 7-1843] holder in the General Plywood Corporation. COMMISSION A m erican Can C o . This amends statement previously [File No. 24D-1278] NOTICE OF APPLICATION FOR UNLISTED TRAD­ published in the Federal R egister ING PRIVILEGES, AND OF OPPORTUNITY FOR August 8, 1956 (21 F. R. 5949),. C a liforn ia -U tah P etroleum & U ranium Co. HEARING Dated: February 1, 1957. F ebruary 11,1957. ORDER TEMPORARILY SUSPENDING EXEMP­ J ames F . B r o w n lee. In the matter of application by the TION, STATEMENT OF REASONS THEREFOR, Cincinnati Stock Exchange for Unlisted IF. R. Doc. 57-1194; Filed, Feb. 14, 1957; AND NOTICE OF OPPORTUNITY FOR Trading Privileges in American Can j, 8:52 a. m .j HEARING Company, Common Stock; File No. F ebruary 11,1957. 7-1843. • I. California-Utah Petroleum & The above named stock exchange, pur­ Uranium Company, a Utah corporation, suant to section 12 (f) (2) of the Securi­ C hester F . O gden 230 Atlas Building, Salt Lake City, Utah, ties Exchange Act of 1934 and Rule having filed with the Commission on X-12F-1 promulgated thereunder, has a ppo intee’s statem ent o f changes in May 28, 1954, a notification on Form 1-A b u sin e ss in t e r e st s made application for unlisted trading and offering circular, and subsequently privileges in the specified security, which The following statement lists the having filed amendments thereto relat­ is listed and registered on the New York names of concerns required by subsec­ ing to an offering of 1,000,000 shares Stock Exchange. tion 710 (b) (6) of the Defense Produc­ of its 10«f par value common stock at Upon receipt of a request, on or before tion Act of 1950, as amended. 10$* per share for an aggregate of $100,000 February 27, 1957, from any interested Accessions: Glenn L. Martin. for the purpose of obtaining an exemp­ person, the Commission will determine Deletions: None. tion from the registration requirements whether to set the matter down for hear­ of the Securities Act of 1933, as amended, ing. Such request should state briefly This amends statement previously pursuant to the provisions of section 3 the nature of the interest of the person published in the F ederal R eg ister Sep­ (b) thereof, and Regulation A promul­ making the request and the position he tember 14, 1956 (21 F. R. 6965). gated thereunder; and proposes to take at the hearing. In ad­ Dated: January 1, 1957. II. The Commission having reasonable dition, any interested person may sub­ cause to believe that the terms and con­ mit his views or any additional facts C h ester F . O gden. ditions of Regulation A have not been bearing on this application by means of a [F. R. Doc. 57-1195; Filed, Feb. 14, 1957; complied with in the following respects: letter addressed to the Secretary of the 8:52 a. m.] A. The offering circular omits to state Securities and Exchange Commission, material facts necessary in order to make Washington 25, D. C. If no one requests the statements lnade, in light of the cir­ a hearing on this matter, this applica­ cumstances under' which they are made, tion will be determined by order of the G ordon B . Carson not misleading in that the offering cir­ Commission on the basis of the facts cular fails to disclose the status of stated in the application and other in­ a ppo in t ee’s statem ent o f changes in assessment work, if any, performed on formation contained in the official file b u sin ess in ter e st s the company’s 217 mining claims. The of the Commission pertaining to the The following statement/ lists the use of such offering circular without ap­ matter. names of concerns required by subsec­ propriate disclosure in this matter would By the Commission. tion 710 (b) (6) of the Defense Produc­ operate as a fraud and deceit upon the tion Act of 1950, as amended. purchasers. [ seal] O rval L. D uB o is , B. The company has failed to file re­ Secretary. No change since last submission of Form ports of sales on Form 2-A as is required ODM-163. [F. R .-D oc. 57-1166; Filed, Feb. 14, 1957; by Rule 224 under Regulation A. 8:48 a. m.] No. 32- -4 968 NOTICES

{Pile No. 7-1844] Washington 25, D. C. If no one requests X-12F-1 promulgated thereunder, has a hearing on this matter, this applica­ made application for unlisted trading B oeing A irplane C o. tion will be determined by order of the privileges in the specified security, which I NOTICE OF APPLICATION FOR UNLISTED TRAD- Commission on „the basis of the facts is listed and registered on the New York . ING PRIVILEGES, AND OF OPPORTUNITY FOR stated in the application and other in­ Stock Exchange. HEARING formation contained in the official file Upon receipt of a request, on or before F ebruary 11,1957. of the*, Commission pertaining to the February 27, 1957 from any interested In the matter of application by the matter. person, the Commission will determine Cincinnati Stock Exchange for Unlisted By the Commission. whether to set the matter down for hear­ Trading Privileges in Boeing Airplane ing. Such request should state briefly I Company, Common Stock; File No. [SEAL] ORVAL L. D üBOIS, the nature of the interest of the person 7-1844. Secretary. making the request and the position he The above named stock exchange, pur­ [F. R. Doc. 57-1168; Filed, Feb. 14, 1957; proposes to take at the hearing. In addi­ suant to section 12 (f) (2) of the Secu­ 8:48 a. m.] tion, any interested person may submit rities Exchange Act of 1934 and Rule his views or any additional facts bearing X-12F-1, promulgated thereunder, has on this application by means of a letter made application for unlisted trading [File No. 7-1846] addressed to the Secretary of the Securi­ privileges in the specified security, which ties and Exchange Commission, Wash­ is listed and registered on the New York C orn P roducts R e f in in g C o . ington 25, D. C. If no one requests a Stock Exchange. NOTICE OF APPLICATION FOR UNLISTED TRAD­ hearing on this matter, this application Upon receipt of a request, on or before ING PRIVILEGES, AND OF OPPORTUNITY FOR will be.determined by order of the Com­ February 27, 1957 from any interested HEARING mission on the basis of the facts stated person, the Commission will determine F ebruary 11, 1957. in the application and other information whether to set the matter down for hear­ In the matter of application by the contained in the official file of the Com­ ing. Such request should state briefly Cincinnati Stock Exchange for Unlisted mission pertaining to the matter. the nature of the interest of the person Trading Privileges in Corn Products Re­ By the Commission. making the request and the position he fining Company, Common Stock; File proposes to take at the hearing. In ad­ No. 7-1846. [seal] O rval L. D u B o is , dition, ariy interested person may sub­ The above named stock exchange, pur­ Secretary. mit his views or any additional facts suant to section 12 (f) (2) of the Securi­ [F. R. Doc. 57-1170; Filed, Feb. 14, 1957; bearing on this application by means of a ties Exchange Act of 1934 and Rule X- 8:48 a.m .] letter addressed to the Secretary of the 12F-1 promulgated thereunder, has made Securities and Exchange. Commission, application for unlisted trading privi­ Washington 25, D. C. If no one requests leges in the specified security, which is [File No, 7-1848] a hearing on this matter, this application listed and registered on the New York • M onsanto Ch em ical C o . will be determined by order of the Com-' Stock Exchange. mission on the basis of the facts’ stated Upon receipt of a request, on or before NOTICE OF APPLICATION FOR UNLISTED in the application and other information February 27, 1957, from any interested TRADING PRIVILEGES, AND OF OPPORTU­ contained in the official file of the Com­ person, the Commission will determine NITY FOR HEARING mission pertaining to the matter. whether to set the matter down for ^ F ebruary 11, 1957. By the Commission. hearing. Such request should state briefly the nature of the interest of the In the matter of application by the [SEAL] ORVAL L. DUBOIS, person making the request and the posi­ Cincinnati Stock Exchange foig Unlisted Secretary. tion he proposes to take at the hearing. Trading Privileges in Monsanto Chemi­ [F. R. Doc. 57-1167; Filed, Feb. 14, 1957; In addition, any interested person may cal Company, Common Stock; File No. 8:48 a. m.] submit his views or any additional facts 7-1848. bearing on this application by means of The above named stock exchange, a letter addressed to the Secretary of the pursuant to section 12 (f) (2) of the [File No. 7-1845] Securities and Exchange Commission, Securities Exchange Act of 1934 and Washington 25, D. C. ' If no one requests Rule X-12F-1 promulgated thereunder C olgate-P almolive C o . a hearing on this matter, this applica­ has made application for unlisted trad­ NOTICE OF APPLICATION FOR UNLISTED tion will be determined by order of the ing privileges in the specified security, TRADING PRIVILEGES, AND OF OPPORTUNITY Commission on the basis of the facts which is listed and registered on the FOR HEARING stated in the application and other in­ New York Stock Exchange. F ebruary 11, 1957. formation contained in the official file Upon receipt of a request, on or before In the matter of application by the of the Commission pertaining to the February 27, 1957 from any interested Cincinnati Stock Exchange for Unlisted matter. person, the Commission will determine whether to set the matter down for Trading Privileges in Colgate-Palmolive By the Commission. Company, Common Stock; 'File No. 7- hearing. Such request should state 1845. [seal] O rval L . D u b o is , briefly the nature of the interest of the The above named stock exchange, Secretary. person making the request and the po­ sition he proposes to take at the hear­ pursuant to section 12 (f) (2) of the [F. R. Doc. 57-1169; Filed, Feb. 14, 1957; Securities Exchange Act of 1934 and Rule 8:48 a. m.] ing. In addition, any interested person X-12F-1 promulgated thereunder, has may submit his views or any additional made application for unlisted trading facts bearing on this application by privileges in the specified security, which means of a letter addressed to the Sec­ is listed and registered on the New York [File No. 7-1847] retary of the Securities and Exchange Commission, Washington 25, D. C. If Stock Exchange. G eneral D ynam ics C o rp. Upon receipt of a request, on or before no one requests a hearing on this mat­ February 27, 1957, from any interested NOTICE OF APPLICATION FOR UNLISTED ter, this application will be determined person, the Commission will determine TRADING PRIVILEGES, AND OF OPPORTUNITY by order of the Commission on the basis whether to set the matter down for hear­ FOR HEARING of the facts stated in the application ing. Such request should state briefly F ebruary 11,1957. and other information contained in the the nature of the interest of the person In the matter of application by the official file of the Commission pertaining making the request and the position he Cincinnati Stock Exchange for Unlisted to the matter. proposes to take at the hearing. In ad­ Trading Privileges in General Dynamics By the Commission. dition, any interested person may sub­ Corporation, Common Stock; File No. mit his views or any additional facts 7-1847. [ seal] O rval L. D u B o is , bearing on this application by means of a The above named stock exchange, pur­ Secretary. letter addressed to the Secretary of the suant to section 12 (f) (2) of the Securi­ [F. R. Doc. 57-1171; Filed, Feb. 14, 1957; Securities and Exchange Commission, ties Exchange Act of 1934 and Rule 8:48 a. m.] Friday, February 15, 1957 FEDERAL REGISTER 969

[Pile No. 7-1849] [File No. 7-1850] [File No. 7-1851] O w e n s -I l l in o is G lass C o . S perry R and C orp. T exas Co. ( NOTICE OF APPLICATION FOR UNLISTED NOTICE OF APPLICATION. FOR UNLISTED J NOTICE OF APPLICATION FOR UNLISTED TRAD­ TRADING PRIVILEGES, AND OF OPPORTUNITY TRADING PRIVILEGES, AND OF OPPOR­ ING PRIVILEGES, AND OF OPPORTUNITY FOR FOR HEARING TUNITY FOR HEARING HEARING F ebruary 11,1957. F ebruary 11, 1957. In the matter of application by the F ebruary 11,1957. In the matter of application by the Cincinnati Stock Exchange for Unlisted In the matter of application by the Cincinnati Stock Exchange for Unlisted Trading Privileges in Sperry Rand Cor­ Cincinnati Stock Exchange for Unlisted Trading Privileges in Owens-Illinois poration, Common Stock; File.No. 7- Trading Privileges in Texas Company, Glass Company, Common Stock; File No. 1850. Common Stock; File No. 7-1851. 7-1849. » The above named stock exchange, pur­ The above named stock exchange, The above named stock exchange, pur­ suant to section 12 (f) (2) of the Se­ pursuant to section 12 (f) (2) of the suant to section 12 (f) (2) of the Securi- curities Exchange Act of 1934 and Rule Securities Exchange Act of 1934 and m ties Exchange Act of 1934 and Rule X-12F-1 promulgated thereunder, has Rule X-12F-1 promulgated thereunder, X-12F-1 promulgated thereunder, has made application for unlisted trading has made application for unlisted trad­ made application for unlisted trading privileges in the specified security, which ing privileges in the specified security, privileges in the specified security, which is listed and registered on the New York which is listed and registered on the New is listed and registered on the New York Stock Exchange. York and Midwest Stock Exchanges. Stock Exchange. Upon receipt of a request, on or before Upon receipt of a request, on or before February 27, 1957 from any interested February 27, 1957 from any interested ü Upon receipt of a request, on or before person, the Commission will determine II February 27, 1957 from any interested person, the Commission will determine whether to set the matter down for hear­ whether to set the matter down for hear­ I person, the Commission will determine ing. Such request should state briefly whether to set the matter down for hear- ing. Such request should state briefly the nature of the interest of the person the nature of the interest of the person j ing. Such request should state briefly making the request and the position he [ the nature of the interest of the person making the request and the position he proposes to take at the hearing. In ad­ proposes to take at the hearing. In ad­ ■ making the request and the position he dition, any interested person may sub­ proposes to take at the hearing. In ad­ dition, any interested person may submit his views or any additional facts bearing mit his views or any additional facts dition, any interested person may submit bearing on this application by means of his views or any additional facts bearing on this application by means of a letter addressed to the Secretary of the Se­ a letter addressed to the Secretary of on this application by means of a letter the Securities and Exchange Commis­ 1 addressed to the Secretary of the Securi­ curities and Exchange Commission, Washington 25, D. C. If no one requests sion, Washington 25, D. C. If no one ties and Exchange Commission, Wash­ requests a hearing on this matter, this ington 25, *D. C. If no one requests a a hearing on this matter,, this application application will be determined by order hearing on this matter, this application will be determined by order of the Com­ of the Commission on the basis of the will be determined by order of the Com- mission on the basis of the facts stated facts stated in the application and other [ mission on the basis of the facts stated in the application and other information information contained in the official file in the application and other information contained ifl the official file of the Com­ of the Commission pertaining to the contained in the official file of the Com­ mission pertaining to the matter. matter. mission pertaining to the matter. By the Commission. By the Commission. By the Commission. [seal] O rval L. D uB o is , [seal] Orval L. DuBois, [seal] O r val L. D uB o is, Secretary. Secretary. Seóretary. [F. R. Doc. 57-1178; Filed, Feb. 14, 1957; [F. R. Doc. 57-1174; Filed, Feb. 14, 1957; 8:48 a. m.] [F. R. Doc. 57-1172; Filed, Feb. 14, 1957; 8:49 a. m.] 8:48 a. m.]