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VOLUME 24 NUMBER 39 & N n t o

Washington, Thursday, February 26, 1959

(Sec. 375, 52 Stat. 66, as amended; 7 US.C, Title 7— AGRICULTURE 1375.. Interpret or apply sec. 344, 63 Stat. 670, CONTENTS as amended; 7 U.S.C. 1344; sec. 115, 70 Stat. Page Chapter VII— Commodity Stabilization 196; 7 UJS.C. 1803) Agricultural Marketing Service Proposed rule making: Service (Farm Marketing Quotas Done at Washington, D.C., this 20th Pears, fresh Bartlett; plums and and Acreage Allotments), Depart­ day of February 1959. Witness my hand Elberta peaches grown in ment of Agriculture and the seal of the Department of California___ i ______1424 Agriculture. [Amdt. 3] Rules and regulations: [seal!' W alter C. B erger, Lemons grown in California and PART 722— COTTON Administrator, Arizona; limitation of han­ Commodity Stabilization Service, dling______1407 Subpart— Regulations Pertaining to [F.R. Doc. 59-1681; Filedy Feb. 25, 1959; Potatoes, fresh Irish; livestock Acreage Allotments for 1959 Crop 8:54 a.m.] feed diversion program_____ 1409 of Extra Long Staple Cotton Potatoes, Irish; grown in Red River Valley of North Dakota Release and R eapportionment and Minnesota; limitation of Basis and “purpose. The purpose of [Amdt. 41 shipments______1407 this amendment is to provide that acre­ Raisins - produced from raisin age allotments released from a farm for PART 722— COTTON variety grapes grown in Cali­ which an application for participation Subpart— Regulations Pertaining to fornia; modification of mini­ in the conservation reserve program of mum grade standards for Acreage Allotments for 1959 Crop packed raisins______1408 the Soil Bank is pending may not be of Upland Cotton reapportioned. The amendment con­ Agriculture Departmènt tained nerein is issued pursuant to the R elease and R eapportionment See also Agricultural Marketing Agricultural Adjustment Act of 1938, as Basis and purpose. The purpose of Service; Commodity Credit Cor­ amended (52 Stat. 31, as amended; 7 this amendment is to provide that acre­ poration; Commodity Stabiliza­ U.S.C. 1281 et seq.). age allotments released from a farm for tion Service; Farmers Home Since 1959 farm allotments are now which an application for participation in Administration. being released, it is essential that this the conservation reserve program of the Notices: amendment be made effective as soon as Soil Bank is pending may not be reap­ Mississippi; designation of area Possible. Accordingly, it is hereby de­ portioned. The amendment contained for production emergency termined and found that compliance herein is issued pursuant to the Agricul­ loans______1430 with the notice and public procedure Air Force Department requirements and the 30-day effective tural Adjustment Act of 1938, as date requirement of section 4 of the Ad­ amended (52 Stat. 31, as amended; 7 Rules and regulations: ministrative Procedure Act (60 Stat. 238; U.S.C. 1281 et seq.). Enlisted reserve; identification 5 U.S.C. 1003) is impracticable and con­ Since 1959 farm allotments are now cards ______1411 trary to the public interest and this being released, it is essential that this Alien Property Office amendment shall be effective upon filing amendment be made effective as soon as Notices: of this document with the Director, Divi­ possible. Accordingly, it is hereby de­ Hashimoto, Chiyono, Mrs.; in­ sion of the Federal Register. termined and found that compliance with tention to return vested prop­ the notice and public procedure require­ erty— Section 722.268(b) of the regulations ments and the 30-day effective date re­ 1452 Pertaining to acreage allotments for the quirement of section 4 of the Administra­ Atomic Energy Commission 1959 crop of extra long staple cotton (23 Notices; 9447,9668) is amended so that tive Procedure Act (60 Stat. 238; 5 U.S.C. uie proviso in the first sentence reads as 100.3) is impracticable and contrary to doastwise Marine Disposal Co.; loiiows: “Provided, however, That any the public interest and this amendment proposed issuance of byprod­ shall be effective upon filing of this doc­ uct, source and special nu­ allotment released from a farm which is clear material license to pro­ covered in whole or in part by a Soil Bank ument with the Director, Division of the vide radioactive waste dis­ conservation Reserve Contract, or for Federal Register. posal service______1428 which an application is pending for a Section 722.218(b) of the regulations onservation Reserve Contract, shall not pertaining to acreage allotments for the Civil Aeronautics Board 1959 crop of upland cotton (23 F.R. 8385, Proposed rule making: o reapportioned by the county commit- Air freight forwarders, interna­ e to any other farm or released to the 9437, 9663; 24 F.R. 558) is amended so tional air freight forwarders rate committee for reapportionment to that the proviso in the first sentence and cooperative shippers as­ other counties.” (Continued on p. 1407) sociations; filing of reports_ 1424 1405 1406 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Commodity Credit Corporation PaSe Indian Affairs Bureau Pase Rules and regulations: Notices: Cotton products export pro­ Functions relating to tribal pro- gram;, time for export.______1408 grams; redelegation of_au­ thority______1429 Published daily, except Sundays, Mondays, Commodity Stabilization Service Interior Department and days following official Federal holidays, Rules and regulations: See Indian Affairs Bureau; Land by the Federal Register Division, National Cotton; release and reappor­ Management Bureau. Archives and Records Service, General Serv­ tionment pertaining to acre­ ices Administration, pursuant to the au­ age allotments for 1959 Internal Revenue Service thority contained in the Federal Register Act, Proposed rule making: approved July 26, 1935 (49 Stat. 500,' as crops: amended; 44 U. S. C., ch. 8B), under regula­ Extra long staple______1405 Income tax; taxable years be- tions prescribed by the Administrative Com­ Upland-.— ______1405 ginning after December 31, mittee of the Federal Register, approved by 1953 (3 documents)__ _ 1420,1421 the President. Distribution is made only by Customs Bureau Rules and regulations: the Superintendent of Documents, Govern­ Proposed rule making : Alcohol, tobacco, and other ex­ ment Printing Office, Washington 25, D. C. Rooseveltown a n d Massena, cise taxes ; losses of beer and The F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 N.Y.; designations as customs other alcoholic beverages per month or $15.00 per year, payable in ports of entry------1419 caused by various disasters___ 1413 advance. The charge for individual copies Interstate Commerce Commis­ (minimum 15 cents) varies in proportion to Defense Department the size of the issue. Remit check or money See also Air Force Department. sion -* order, made payable teethe Superintendent Rules and regulations : Notices: of Documents, directly to the Government Solicitation of commercial life Applications for motor carrier Printing Office, Washington 25, D. C. insurance on military installa­ certificate or permit covering The regulatory material appearing herein tions in oversea areas------1410 operations commenced during is keyed to the Code of F ederal Regulations, • “interim period” after May 1, which is published, under 50 titles, pursuant Farmers Home Administration to section 11 of the Federal Register Act, as 1959, but on or before August amended August 5, 1953. The Code of F ed­ Rules and regulations: 12, 1958— ______1449 eral R egulations is sold by the Superin­ Operating loan processing; re­ Applications for motor carrier tendent of Documents. Prices of books and vision in use of loan funds----- 1408 “grandfather” certificate or pocket supplements vary. perm it______1450 There are no restrictions on the re- Federal Communications Com­ Fourth section applications__ • 1452 publication of material appearing in the mission Motor carrier alternate route F ederal R egister, or the Code of F ederal Notices: deviations______1449 R egulations. Hearings, etc.: Motor carrier applications.___. 1434 Hall Broadcasting Co., Inc— 1430 Justice Department Quad Cities Broadcasting Co_ 1430 See Alien Property Office. Snow Construction Co______1430 CFR SUPPLEMENTS Proposed rule making : Labor Department (As of January 1, 1959) Amateur radio service; radio See Wage and Hour Division. telephony between frequen­ Land Management Bureau The following supplements are now cies ______—------1427 Rules and regulations : available: Television broadcast stations: Public land orders: 1413 Title 8 ($0.35) .Panama City, Fla______.— 1425 Arizona______Wilmington, Del., and Atlantic Colorado______1415 Titles 22-23 ($0.35) City, N.J______1425 M ontana ______1415 Title 25 ($0.35) Rules and regulations:— N evada______Ì414 Title 49, Parts 91-164 ($0.40) Frequency allocations and radio South Dakota______1415 treaty matters; miscellaneous Wyoming______1414 Previously announced: Title 3, 1958 Supp. amendments______. 1417 ($0.35); Title 46, Parts 146-149, 1958 Practice and procedure; desig­ Patent Office Supp. 2 ($1.50) Rules and regulations : nation for hearing.______1416 Rules of practice; advertisingS- 1419 Order from Superintendent of Docu­ Federal Poweç Commission ments, Governmeht Printing Office, Securities and Exchange Com­ Washington 25, D.C. Notices: mission Hearings, etc.: Notices: -California Electric Power Co_ 1431 Michigan Wisconsin Pipe Line Carter Oil Co______1433 Co.' and American Natural CONTENTS— Continued Crescent Oil and Gas Corp__ 1431 '"N;' Gas Co.; notice of filing re- Petersen Petroleum Corp__ 1432 garding proposal by subsid- Civil Aeronautics Board— Con. Pa&e Superior Oil Co. et al_____ - 1433 iary------1434 Rules and regulations: Federal Trade Commission Small Business Administration Reporting of financial and op­ Notices : erating statistics by air Rules and regulations: Cease and desist orders : Indiana; declaration of disaster freight forwarders, interna­ area______1434 tional air freight forwarders, Charlton Press, Inc., et al— _ 1412 and cooperative shippers as­ Litchfield Wooien Mills Co. Treasury Department sociations______1409 and Plymouth T. Nelson— 1411 See Customs Bureau; Internal World Wide Watch Co., Inc., Revenue Service. Commerce Department et al______1412 . See also Patent Office. Veterans Administration Notices: General Services Administration Rules and regulations: Civil Aeronautics Administra­ Notices : Life insurance; United States tion; organization and func­ Report of purchases under do- Government and National tions. 1430 mestic purchase regulation— 1433 Service; disabilities------141° Thursday, February 26, 1959 FEDERAL REGISTER 1407 reads as follows: "Provided, however, Order, as amended. In paragraph (b) CONTENTS— -Confirmed That any allotment released from a of § 938.300 (23 F.R. 5557, 7102, 7666, farm which is covered in whole or in 8153), delete subparagraph (5) and sub­ Wage and Hour Division Page stitute therefor new subparagraphs (5) Notices: * part by a Soil Bank Conservation Re­ Learner employment certifi­ serve Contract, or for which an applica­ and (6) as set forth below, and redesig­ cates; issuance to various in­ tion is pending for a Conservation nate present subparagraphs (6) and (7) Reserve Contract, shall not be reappor­ as subparagraphs (7) and (8), respec­ dustries ------1452 tioned by the county committee to any tively. other farm or released to the State § 938.300 Limitation of shipments. CODIFICATION GUIDE committee for reapportionment to other counties.” ***** A numerical list of the parts of the Code (b) Order. * * * of Federal Regulations affected by documents (Sec. 375, 52 Stat. 66, as amended; 7 U.S.C. published in this issue. Proposed rules, as 1375. Interpret or apply sec. 344, 63 Stat. (5) Shipments for charitable institu­ opposed to final actions, are identified as 670, as amended; 7 U.S.C. 1344; sec. 115, 70 tions^ The limitations set forth in sub- such. Stat. 196; 7 U.S.C. 1803) paragraph (1) of this paragraph shall A Cumulative Codification Guide covering not apply to shipments of tablestock the current month appears at the end of each Done at Washington, D.C., this 20th potatoes to charitable institutions: Pro­ issue beginning with the second issue of the day of February 1959. Witness my hand vided, (i) Such potatoes meet the re­ month. - and the seal of the Department of quirements of the U.S. No. 2 or better Agriculture. grader and are 2 inches minimum diam­ 3 CFR , Page [seal] W alter C. B erger, eter or 4 ounces minimum weight, and Executive orders: Administrator, (ii) a Certificate of Privilege applicable Apr. 8, 1919 (revoked in part Commodity Stabilization Service. to such potatoes is obtained pursuant to by PLO 1798)______1415 [F.R. Doc. 59-1682; Filed,. Feb. 25, 1959; the provisions of § 938.120. 8:55 a.m.] (6) Special shipments. The limita­ 6 CFR tions set forth in subparagraph (1) of 342...... ______1408 this paragraph are not applicable to 482... ______1408 shipments of tablestock potatoes for 519...... : ' ■ :______1409 Chapter IX— Agricultural Marketing canning or freezing. Each handler of 7 CFR tablestock potatoes for canning or freez­ Service (Marketing Agreements and ing shall report to the committee each 722 (2 documents) ______1405 Orders), Department of Agriculture 938______such shipment by one of the following [938.300 Arndt. 4] methods: (i) By supplying a copy of the 953______| inspection certificate applicable to each 989_____ PART 938— IRISH POTATOES GROWN shipment, or (ii) by obtaining a Certifi­ Proposed rules: 936 . IN THE RED RIVER VALLEY OF cate of Privilege applicable to such NORTH DAKOTA AND MINNESOTA shipment pursuant to the provisions of 14 CFR § 938.120: 244___ Limitation of Shipments (Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. Proposed rules: Findings. (1) Pursuant to Marketing 608c) 244____ .... Agreement No. 135 and Order No. 38 Dated: February 20, 1959, to become (7 CFR Part 938), regulating the hand­ effective February 28, 1959. 16 CFR ling of Irish potatoes grown in the Red 13 (3 documents) _ 1411,1412 River Valley of North Dakota and Min­ [seal] S. R. S mith, Director, 19 CFR nesota, effective under the applicable provisions of the Agricultural Marketing Fruit and Vegetable Division. Proposed rules: 1_____g Agreement Act of 1937, as amended (48 [F.R. Doc. 59-1678; Filed, Feb. 25, 1959; Stat. 31, as amended; 7 U.S.C. 601 ^t seq., 8:54 am .] 26 (1954) CFR 68 Stat. 906, 1047), and upon the basis 170__ of the recommendation and information submitted by the Red River Valley Po­ Proposed rules: tato Committee, established pursuant to 1 (3 documents) __ 1420,1421 [Lemon Reg. 778, Arndt. 1] 301____ said marketing agreement and order, and upon other available information, it is PART 953— LEMONS GROWN IN 32 CFR hereby found that the amendment to the CALIFORNIA AND ARIZONA 141a__ limitation of shipments, as hereinafter provided, will tend to effectuate the de­ Limitation of Handling clared policy of the act. Findings. (1) Pursuant to the market­ 37 CFR (2) It is hereby further found that iting agreement, as amended, and Order 1— is impracticable and contrary to the pub­ No. 53, as amended (7 CFR Part 953), lic interest to give preliminary notice, regulating the handling of lemons grown 38 CFR engage in public rule making procedure, in California and Arizona, effective under 6_. and postpone the effective date of this the applicable provisions of the Agricul­ ^------1A1R amendment until 30 days after publica­ tural Marketing Agreement Act of 19^7, tion in the F ederal R egister (5 U.S.C. as amended (7 U.S.C. 601 et seq.; 68 43 CFR 1001 et seq.) in that (i) more orderly Stat. 906, 1047), and upon the basis of Public land orders: marketing in the public interest, than the recommendation and information 1795__ would otherwise prevail, will be promoted submitted by the Lemon Administrative 1796--i-----'£ 1A1 A. by regulating the shipment of potatoes, Committee, established under.the said 1797__ in the manner set forth below, on and amended marketing agreement and or­ 1798_ after the effective date of this amend­ der, and upon other available informa­ K 1799_i ment; (ii) compliance with this amend­ tion, it is hereby found that the 1800_ ment will not require any preparation on limitation of handling of such lemons as 47 CFR • the part of handlers which cannot be hereinafter provided will tend to effec­ completed by the effective date; (iii) a tuate the declared policy of the act. ------2____ _ 1416 reasonable time is permitted under the (2). It is hereby further found that it circumstances, for such preparation; and is impracticable and contrary to the pr(ms~edrüïës~: — 1417 '(iv) this amendment relieves restric­ public interest to give preliminary notice, 3 (2 documents)______1425 tions on the handling of tablestock po­ engage in public rule-making procedure, 12------1427 tatoes. and postpone the effective date of this 1408 RULES AND REGULATIONS amendment until 30 days after publica­ (sun-dried) Muscat raisins (other than change in the use of loan funds, and to tion hereof in the F ederal R egister (60 Seeded (seeds removed) ), natural (suil- read as follows: Stat. 237; 5 U.S.C. 1001 et seq.) because dried) Sultana raisins, and natural (sun- the time intervening between the date dried) Zante Currant raisins, the re­ § 342.7 Revision in the use of loan when information upon which this quirements of “U.S. Grade C” or “U.S. fun ds. amendment is based became available Grade B” (as the case may be) referred (a) The concurrence of the official’ and the time when this amendment must to in § 989.59(a) (2) are each modified, who approved the loan involved ordi­ become effective in order to effectuate insofar as operation under this part is narily will be obtained before changes the declared policy of the Agricultural concerned, by eliminating therefrom the are made in the purposes for which loan Marketing Agreement Act of 1937, as mechanical injury restrictions and pre­ funds are to be used. However, changes amended, is insufficient, and this amend­ scribing in lieu thereof the following which do not materially affect the plan ment relieves restriction on the handling new requirements : of operations may be approved by the of lemons grown in California and (a) The raisins shall be fairly free County Supervisor with respect to loans Arizona. flowing and not more than 10 percent, approved by other officials provided ade­ Order, as amended. The provisions by weight, of raisins may be raisins that quate funds will be available to carry in paragraph (b) (1) (ii) of § 953.885 are seriously damaged by mechanical out the purposes of the loan. In all (Lemon Regulation 778; 24 F.R. 1151), means. instances, the use made of loan funds are hereby amended to read as follows: (b) “Raisins that are seriously dam­ must be in accord with the purposes for (ii) District 2: 162,750 cartons. aged by mechanical means” means rai­ which Operating loans may be made, anc| sins seriously mutilated by tearing, the borrower and the County Supervisor (Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. must agree to the changes. 608c) breaking, cutting, or mashing, or indi­ vidual raisins from which more than (Sec. 41, 50 Stat. 528, as amended; 7 U.S.C. Dated: February 19,1959. one-fourth of the apparent whole raisin 1015) is removed. [seal] S. R . S m it h , Dated: February 19,1959. Director, Fruit and Vegetable It is hereby further found that good Division, Agricultural Mar­ cause exists for not postponing the ef­ [seal] H . C. S m ith, keting Service. fective date hereof until 30 days after Acting Administrator, publication in the F ederal R egister (5 Farmers Home Administration. [F.R. Doc. 59-1649; Filed, Feb. 25, 1959; U.S.C. 1001 et seq.) in that: (1) This 8:49 a.m.] [F.R. Doc. 59-1651; Filed, Feb. 25, 1959; action makes less restrictive the current 8:49 a.m.] minimum grade standards for certain packed- raisins in order to permit and facilitate the recovery of raisins suitable PART 989— R A I S I N S PRODUCED for human consumption; 12) it is neces­ Chapter IV-—Commodity Stabilization FROM RAISIN VARIETY GRAPES sary that this modification become effec­ Service and Commodity Credit Cor­ GROWN IN CALIFORNIA tive promptly so as to maximize the poration, Department of Agriculture quantity of raisins suitable for human Modification of Minimum Grade consumption which can be recovered SUBCHAPTER G— EXPORT PROGRAMS Standards for Packed Raisins from the remaining portion of the 1958 REGULATIONS production and thus reduce the present [Announcement CN-EX-3 (Rev. 1), Notice was published in the Feb­ shortage in the supply of such raisins; Arndt. 5] ruary 11, 1959, issue of the F ederal (3) handlers are aware that the modifi­ R egister (24 F.R. 1027) that considera­ cation was recommended by the commit­ PART 482— COTTON PRODUCTS tion was being given to a proposal to tee, and they need no additional advance JEXPORT PROGRAM modify the minimum grade standards notice; and (4) this action relieves re­ Tipie for Export for certain packed raisins as hereinafter strictions on the handling of raisins. set forth. The modification was pro­ In these circumstances, this regulation In order to^extend the final date for posed on the basis of the recommenda­ should be made effective on the date of export of cotton products, § 482.9(b) of tion of the Raisin Administrative Com­ its publication in the F ederal R egister. the Cotton Products Export Program mittee and other available information, dated November 15, 1956 (21 F.R. 9048), and is in accordance with the applicable (Sec. 5, 49 Stat. 753, as amended; 7 U.S.C. as amended, is hereby further amended provisions of Marketing Agreement No. 608c) so as to read as follows: 109, as amended, and Order No. 89, as Dated, February 19, 1959, to become (b) Time for export. -To be eligible amended (7 CFR Part 989), regulating ederal effective upon publication in the F for payment hereunder, cotton products the handling of raisips produced from R egister. raisin variety grapes grown in Cali­ must be exported within six months after fornia, effective under the Agricultural [seal] JS. R. S mith, the date of the export sale or by July Marketing Agreement Act of 1937, as Director, 31, 1960, whichever Js earlier. An ex­ amended (7 U.S.C. 601 et seq.). Fruit and Vegetable Division. tension of the period for export may be After consideration of all relevant [F.R. Doc. 59-1650;^Filed, Feb. 25, 1959; granted by the Chief of the New York matters pertaining to the proposal, in­ 8:49 a.m.] office, before or after the expiration of cluding the recommendation of the com­ such period for export, if he determines mittee, other available information, and the exporter has been or will be delayed in exporting the cotton products by a the data, views, and arguments which Title 6— AGRICULTURAL -cause beyond the exporter’s control. were filed in connection with the afore­ Cotton products shall be deemed to have said notice, it is hereby found that to CREDIT been “exported” when loaded on board modify the minimum grade standards for an ocean vessel, or if shipment to desti­ certain packed raisins as hereinafter set Chapter III— Farmers Home Adminis­ nation country is by other than ocean forth, will tend to effectuate the declared tration, Department of Agriculture policy of the act. carrier, when the shipment clears United Therefore, it is hereby ordered, That SUBCHAPTER C— OPERATING LOANS States Customs. with respect to packed raisins of the [FHA Instruction 441.3] (Sec. 4, 62 Stat. 1070, as amended; 15 U.S_C- following varietal types and continuing 714b. Interpret or apply sec. 5, 62 Stat. 1072, in effect until September 1, 1959, the PART 342— OPERATING LOAN 15 U.S.C. 714c) , minimum grade standards prescribed in PROCESSING Issued this 20th day of February 1959, § 989.59(a) (2), as modified (23 F.R. Revision in Use of Loan Funds [seal] W alter C. B erger, 6374) pursuant to § 989.59(b), are, pur­ Executive Vice President, suant to the authority contained in Section 342.7(a), Title 6, Code of Fed­ Commodity Credit Corporation. § 989.59(b), further modified as follows: eral Regulations (22 F.R. 24), is revised 1. With respect to natural (sun-dried)to modify the conditions under which [F.R. Doc. 59-1680; Filed, Feb. 25, 1959; Thompson Seedless raisins, natural the County Supervisor may authorize a 8:54 a.m.] Thursday, February 26, 1959 FEDERAL REGISTER 1409

Chapter V— Agricultural Marketing Officers and Directors; List of Stock­ In consideration of the foregoing, the Service, Department of Agriculture holders” and “Corporate and Securities Board hereby amends Part 244 of the Data; Investments in Other Companies” Economic Regulations (14 CFR Chapter SUBCHAPTER B— EXPORT AND DOMESTIC are adopted without substantial change I) effective March 27, 1959, to read as CONSUMPTION PROGRAMS and will provide pertinent information follows: PART 519— FRESH IRISH POTATOES not previously required by Part 244 re­ Sec. garding (1) the identities and certain 244.1 Definitions. Subpart— Fresh Irish Potatoes— Live­ financial interests of the officers, direc­ 244.2 Financial and operating reports by air stock-Feed Diversion Program ZMD tors, and stockholders of the reporting freight forwarders and international forwarder and (2) such matters as air freight forwarders.' 3a changes in corporate organization, out­ 244.3 Insurance reports by air freight for­ The provisions of the Fresh Irish Po­ standing options to purchase the for­ warders and international air tatoes—Livestock Feed Diversion Pro­ freight forwarders. warder’s capital stock, and the for­ 244.4 Financial and operating reports by co- gram ZMD 3a (23 F.R. 7029) are hereby warder’s investments in other companies. . operative shippers associations. revised to extend the date for spreading The “Balance Sheet” set forth in Draft potatoes used for livestock feed after de­ Release No. 84, and riot heretofore spe­ Authority : § § 244.1 to 244.4 issued under hydration through a processjof alternate cifically prescribed by this part, is also sec. 204(a), 72 Stat. 743; 49 U.S.C. 1324. In­ freezing and thawing. Section 519.192 terpret or apply sec. 407, 72 Stat. 766; 49 adopted with but a minor change to re­ U.S.C. 1377. paragraph (c) (4) of this subpart is re­ flect “marketable securities” as a sep-- vised to read as follows : arate asset item. In addition, the § 244.1 Definitions. (4) Spreading must take place on or requirement proposed to be added to For the purposes of this part: before March 20,1959. Part 244 for the reporting of insurance (a) “Freight Forwarder” means any coverage and changes therein is hereby air carrier classified and defined as an (Sed 32, 49 Stat. 774, as amended; 7 U.S.C. adopted except that the manner and 612c) “Air Freight Forwarder” in Part 296 of time of filing such information is slightly this chapter (Economic Regulations) or Dated: February 20,1959. modified. The prescription of specific as an “International Air Freight For­ report forms to be used in submitting [seal] S. R. Smith, warder” in Part 297 of this chapter (Eco­ Authorized Representative of all the above-mentioned items will, of nomic Regulations). the Secretary of Agriculture. course, provide added assurance of the (b) “Cooperative Shippers Associa­ submission of complete and accurate tion” means any air carrier classified [F.R. Doc. 59-1679; Piled; Feb. 25, 1959; data in a uniform manner. and defined as such in Part 296 or Part 8:54 a.m.] There appear to be certain other data, 297 of this chapter (Economic Regula­ however, which Draft Release No. 84 tions) . would not require to be filed to the ex­ tent recent experience would suggest as § 244.2 Financial and operating reports Title 14— CIVIL AVIATION desirable. This information pertains to by air freight forwarders and inter­ Chapter I— Civil Aeronautics Board— the revenues and expenses of forwarders national air freight forwarders. Federal Aviation Agency and the shipments handled by them. All persons holding authority as an air Consequently, instead of adqpting the freight forwarder or international air SUBCHAPTER B— ECONOMIC REGULATIONS proposals in Draft Release No. 84 re­ freight forwarder shall periodically pre­ {Reg. ER-253] garding such information, the related pare and file certain financial and op­ provisions presently in Part 244 merely erating reports, as hereinafter specified, PART 244— FILING OF REPORTS BY requiring the filing without prescribed whether or not such persons are actively AIR FREIGHT FORWARDERS, INTER­ format of a Profit and Loss Statement engaged in air freight forwarding opera­ NATIONAL AIR FREIGHT FOR­ and certain operating data (as to ship­ tions. WARDERS, AND COOPERATIVE ments and consignments) are hereby re­ (a) Each freight forwarder shall pre­ tained.’ At the same time, the Board is. pare CAB Form 2441 entitled “Fi­ SHIPPERS ASSOCIATIONS instituting a new rule-making procedure nancial and Operating Report for Air Adopted by the Civil Aeronautics (by issuance of a Draft Release concur­ Freight Forwarders and International Board at its office in Washington, D.C., rently herewith) to determine what in­ Air Freight Forwarders,” in accordance on-the 19th day of February 1959. formation in this area should be with the requirements of this part and A notice of proposed rule-making was required. By not changing the provi­ the instructions set forth in such form. published in the F ederal R egister "on sions of Part 244 at this time, the possible Schedule B Balance Sheet shall be pre­ October It, 1956 (21 F.R. 7774) and cir­ burden on the industry of having to re­ pared as of June 30 and December 31 of culated to the industry as Economic vise their reporting now, and again in the each year and shall first be prepared as Regulations Draft Release No. 84 dated near future upon promulgation of dif­ of Jime 30, 1959. Schedules G-l Gen­ October 8, 1956. The proposal was es­ ferent requirements, is avoided. eral Officers and Directors; List of Stock­ sentially an extensive revision of Part 244 The Board finds that this adoption of holders, and G-2 Corporate and Securi­ •so as to provide for more~uniform and de­ a portion of the proposals in Draft Re­ ties Data; Investments in Other Compa­ tailed reporting of financial, operating, lease No. 84 and the retention of certain nies, shall first be prepared for the year and other corporate data by air freight provisions in former Part 244 does not ended December 31, 1959, and for each forwarders and interiiational air freight result in any cognizable increase of the successive year ending December 31, forwarders. The proposed rule also con-1 reporting burden on freight forwarders thereafter. tamed a new provision requiring^ some­ over that which the issuance of a regu­ (b) (1) Each freight forwarder shall what similar but more limited reporting lation derived entirely from Draft Re­ also prepare as an attachment to and as by cooperative shippers associations. lease No. 84 would have entailed. a part of its report on CAB Form 244: The type of information deemed With respect to cooperative shippers (i) A report of profit and loss (with a needed to properly regulate freight for­ associations the reporting proposal set separation of expense items so as to in­ warder operations has evolved with the forth in Draft Release No. 84 is substan­ dicate payments to direct air carriers) development of this industry and the ex­ tially adopted. Such associations shall to be marked for identity by the report­ perience gained with respect thereto make annual reports setting, forth their ing freight forwarder as Schedule P since issuance of the draft release. revenue and the number and weight of Statement of Profit and Loss; nf*+Jias ^ US keen established that much shipments received by them for carriage . (ii) A report of statistical data to be i the data which Draft Release No. 84 by air and listing their investments and marked by the reporting forwarder as + i5equire to be filed are necessary, their officers, directors and substantial Schedule T-l Statistical Data, setting iT16 Provisions pertaining thereto stockholders. h oul(* ke adopted. Hence, those por- All relevant matter, presented by in­ 1 Filed as part of original document, copies wons pi the proposed report (CAB Form terested persons with respect to the of whioh may be obtained from tbe Publica­ ’ ..1?corPorated in Draft Release No. formulation of this rule has been duly tions Section, Civil Aeronautics Board, Wash­ with respect to and entitled “General considered. ington 25, D.C. 1410 RULES AND REGULATIONS forth (a) the number of shipments re­ Operating Report for Cooperative Ship­ supplied Formats A, B, and C without ceived from shippers for carriage by air, pers Associations” in accordance with making a request. (The information re­ (b) the number of consignments to car­ the requirements of this section and the quired on the formats has been approved riers by air, and (c) the number of tons instructions set forth .in said form. All in accordance with the Federal Reports consigned for shipment by: Certificated cooperative shippers associations shall Act by the Bureau of the Budget under air carriers, supplemental air carriers or file such reports irrespective of whether approval number 22^R188.) The appli­ irregular transport carriers, and surface they are inactive during the report period cation must furnish thè following carriers (rail, motor other than pick-up and where items are not applicable, .the information: and delivery, or w ater); and word “none” should be inserted. Such (1) Foreign countries and commands (iii) A report of station data, to bereports shall be filed so as to be received (e.g.: Army, Europe; Air Force, Europe; marked by the reporting freight for­ by the Board within 45 days after the Navy, Far East; Air Force, Northeast; warder as Schedule T-2 Station Data termination of each prescribed reporting etc.) where it is desired to solicit on (listing by individual stations the total period. military bases or installations. number of tons received from shippers Note: The reporting requirements con­ (2) Plans for control of and supervi­ for carriage by air). tained herein have been approved by the sion to be exercised by the company over (2) The reports designated in thisBureau of the Budget in accordance with the its agents. paragraph shall be prepared for each Federal Reports Act of 1942. (3) Lisji of States and jurisdictions in semi-annual period ending June 30 and By the Civil Aeronautics Board. which the company is licensed and dates December 31. of such licensing. (c) Each schedule specified in para­ [seal] Mabel M cCart, (4) Use Format A, cited above, to sub­ graphs (a) and (b) of* this section shall Acting Secretary. mit information from each of the last be filed so as to be received by the Board [F.R. Doc. 59-1663; Filed, Feb. 25, 1959; five annual statements to include: within 45 days after its applicable ter­ 8:51 a.m.] (i) Admitted assets. minal date. (ii) Net reserve. § 244.3 Insurance reports by air freight (iii) Combined paid up capital and forwarders and international air surplus, or surplus. freight forwarders. Title 32— NATIONAL DEFENSE (iv) Insurance in force, reported by Each air freight forwarder and inter­ Chapter I— Office of the Secretary of classes. national air freight forwarder shall keep Defense , (5) A statement that the company the Board currently informed as herein­ has complied with or will comply with after set forth regarding the insurance, PART 141 a—-SOLICITATION OF COM­ the applicable laws of the country or self-insurance or surety bond maintained MERCIAL LIFE INSURANCE ,ON countries wherein it proposes to solicit by it pursuant to Part 296 or Part 297 of (by “laws of the country” is meant all MILITARY INSTALLATIONS IN national, provincial, city or country this chapter (Economic Regulations). OVERSEA AREAS (a) Within 45 days after June 30, and laws or ordinances of any country, as applicable), and upon being authorized December 31, of each year, every for­ Miscellaneous Amendments warder shall complete and file Schedule to do business in such country or coun­ I Insurance Report, of CAB Form 244 1. Section l4la.2, Applications, hastries, a statement to that effect. whenever, on such specified dates, the been revised to change the date of sub­ (6) An authenticated copy of the cur- forwarder’s insurance, self-insurance or mission of applications, and to include ,rent annual statement, notarized and surety bond remains unchanged from Formats A (Selected Financial Informa­ sworn to by authorized company officials that last reported. Schedule I shall be tion) ; B (Lapse Ratio and Military in the space provided at the bottom of completed pursuant to the appropriate Business Statement) ; and C (Operations page 1 of the annual statement, as filed instructions contained therein and shall Statement) to be used in submitting with the insurance department of the first be due in accordance with the pro­ technical information apd may be ob­ state of domicile. visions of this paragraph within 45 days tained upon request by companies re- (7) An authenticated copy of a cur­ after June 30, 1959. questing^accreditation for the first time; rent convention or “association type” (b) Within 30 days of any change in companies currently accredited will be report of examination if the company is or from the insurance, self-insurance, or supplied Formats A, B, and C without licensed by more than one state, other­ surety bond previously reported to the making a request. The specific para­ wise, a current report of one insurance Board, or within 30 days of the effective graphs involvecTin the above changes are department. date of this part, whichever time is later, as follows: § 141a.2(a) ; (4) ; (6) which (8) A sworn statement covering the the forwarder shall report such change has been revised and made a part of (10) ; following items: in the following manner. In the case of (7) has been renumbered to (6) and re­ (i) That the policies to be offered ad­ a change regarding insurance which is vised to be more specific; (8) and (9) here to the standards prescribed by evidenced by a certificate on file with have been renumbered to (7) and 18) § 141.4 of this subchapter (Paragraph IV the Board pursuant to an express re­ respectively, without change; (10) has B, DOD Instruction 1344.1). quirement in Part 296 or Part 297 of this been renumbered to (9) and revised to (ii) The amount of unassigned surplus chapter, or regarding a bond evidenced incorporate the revised (6) ; and (11) and paid up capital or only surplus if by a copy thereof likewise on file, an­ has been renumbered to (10). Section a non-stock company. In computing other such certificate or copy of a bond 141a.2, as revised, now reads as follows: the amount of unassigned surplus, in­ incorporating such change shall be filed clude as liabilities all debts due or to with the Board. In any other case in­ § I41a.2 Applications. become due, contingent or otherwise, as volving a change in a forwarder’s insur­ (a) Applications will be submitted toprovided in the Life Insurance Act of the ance, self-insurance or surety bond, such the Department of Defense during April District of Columbia Act of June 19, change shall be reported on Schedule'! of each year. They will not be accepted 1934; C 672, 48 Stat. 1125, as amended, Insurance Report of CAB Form 244 in or considered at any other time. Appli­ and a statement that the amount of un­ accordance with the instructions set cations will bè in letter form and appro­ assigned surplus and paid up capital has forth therein. priately documented. They must be been computed by the method prescribed § 244.4 Financial and operating reports signed by the President or Vice President in the aforesaid act. by cooperative shippers associations. of the company and attested to. For­ (iii) That the policies to be offered mats A 1 (Selected Financial Informa­ For the annual period terminating on tion) ; B1 (Lapse Ratio and Military for sale (a) do not contain other than December 31, 19E>9 and thereafter for Business Statement) ; and C1 (Opera­ standard provisions such as those pre­ each consecutive annual period, each co­ tions Statement) to be used in submit­ scribed by the Life Insurance Act of the operative shippers association shall file ting technical information may be District of Columbia (cited in subdivi­ CAB Form 244A1 entitled “Financial and obtained upon request by companies re­ sion (ii) of this subparagraph), and (b) questing accreditation for the first time. do not provide for a variation in the 1 Filed as part of the original document, copies of which may be obtained from the Companies currently accredited will be amount of death benefit depending upon Publications Section, Civil Aeronautics the length of time the policy has been in Board, Washington 25, D.C. 1 Filed as part of original document. force. Thursday, February 26, 1959 FEDERAL REGISTER 1411 (iv) That none of its officers, directors, (3) Receive and review reports of vio­ or principal stockholders, or any mem­ lations of regulations governing solici­ Title 16— COMMERCIAL bers of his immediate family, receives or tation on bases and installations. has any contract to receive commissions, (4) Recommend final penalty action PRACTICES directly or indirectly, from military against companies for cause to include business currently transacted by the the withdrawal of soliciting privileges. Chapter I— Federal Trade Commission company, or if the company cannot so (5) Perform such other related func­ [Docket 7257] .attest, a disclosure and justification for tions as may be directed. PART 13— DIGEST OF CEASE AND such contracts. 3. In § 141a.4, Minimum requirements (v) That the company has not made for companies, paragraph (a) is amend­ DESIST ORDERS any loan (except policy loans) to any ed as follows: director, officer, or principal stockholder, a. Add a final sentence to subpara­ Litchfield Woolen Mills Co. and or any member of his immediate family Plymouth T. Nelson within the last year, and there is not cur­ graph (1). rently outstandimrany loan to such per­ b. Subparagraph (3) (iii) is revised to Subpart—Invoicing products falsely: son made prior to that period. read as set forth below. § 13.1108 Invoicing products falsely: (vD That the company will be respon­ § 141a.4 Minimum requirements for Wool Products Labeling Act. Subpart— sible for the acts of its agents actually com panies. Misbranding or mislabeling: § 13.1190 connected with the sale of insurance to (a) The Department of Defense willComposition: Wool Products Labeling military personnel, require, among other things, that the Act. (9) Use Format B, cited above, to re­ following minimum standards be met by (Sec. 6, 38 Stat. 721; 15 Ü.S.C. 46. , Interpret port the rate of lapse of policies sold to companies authorized to solicit on over­ or apply sec. 5,-38 Stat. 719, as amended, military personnel (including only life seas bases and installations. secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, insurance, but excluding group life (1) The company must have demon­68r08(c)). [Cease and desist order, Litch­ insurance) for each of the last five years strated continuous successful operation field Woolen Mills Co., et al., Litchfield, and an explanation of the methods or in the life insurance business within the Minn,, D. 7257, January 20, 1959] formulae used in computing the ratio continental limits of the United States This proceeding was heard by a hear­ of military business to total business or a territory or possession for a period ing examiner on the complaint of the (including only life insurance, but ex­ of five years, immediately preceding the Commission charging a manufacturer in cluding group life insurance) annually date of application (for this purpose, use Litchfield, Minn., with violating the for the last five years computed on the Format C, cited above) except that a Wool Products Labeling Act by labeling basis of the following: company 'or a division of an existing and invoicing as “90% wool, 10% re­ (i) Number of policyholders. company organized to write life insur­ processed wool” and “30% wool, 70% (ii) Insurance in force. ance and affiliated or connected with a reused wool”, blankets which contained fiii) Premium income. company already writing other lines of substantially less wool than thus repre­ (10) Name, age, legal residence, citi­ insurance may be granted a waiver of sented and substantial quantities of zenship and present address of each the otherwise mandatory five-year re­ fibers other than wool. agent who will solicit overseas, the state quirement, if the company to which it is ? After acceptance of an agreement pro­ or states in which such agents are connected has been in business twenty viding for a consent order, the héaring licensed; the date of licensing, expiration years and has a record of financial sta­ examiner made his initial decision and dates, and the area in which each agent bility and sound management. order to cease and desist which became will solicit. c . * * * * * on January 20 the decision of the (b) Any explanatory remarks that will Commission. assist the Department of Defense .in (3) The company must be licensed to do business by any twelve (or more) of The order to cease and desist is as evaluating applications are invited. follows: (c) Applications and any correspond­ the states, a territory, or the District of ence relating thereto should be addressed Columbia; or must comply with the It is ordered, That respondents Litch­ to: following: field Woolen Mills Company, a corpora­ * * * * * tion, and its officers, and Plymouth T Chairman, Life Insurance Board, Department of Defense, The Pentagon, Washington 25, (iii) Have unassigned surplus andNelson, individually and as an officer of D.C. paid up capital (or surplus, if a non­ said corporation, ànd respondents’ rep­ stock company) at least equal to the resentatives, agents and employees, di­ 2. Section 141a.3, Department of De­amounts currently required by the state rectly or through any corporate or other fense Life Insurance Board, is revised to of domicile or the District of Columbia, device, in connection with the introduc­ delete the word “hereby” in the first whichever is larger. _ tion or manufacture for introduction sentence of (a), and to delete the words (Sec. 202, 61 Stat. 500, as amended; 5 U.S.C. into commerce, or the offering for sale, ( Shall be” in (b) and substitute the word 171a) sale, transportation, or distribution in ls”> Section 141a.3 as revised, now commerce, as “commerce” is defined in reads: > Charles C. F inttcane, Assistant Secretary of Defense, the Federal Trade Commission Act, and § 141a.3 Department of Defense Life (.Manpower, Personnel and Reserve). the Wool Products Labeling Act of 1939, Insurance Board. of woolen blankets or other “wool prod­ [F.R. Doc. 59-1627; Filed, Feb. 25, 1959; ucts” as such products are defined in, (a) The Department of Defense Life 8:46 a.m.] and subject to, said Wool Products La­ insurance Board is established to act as beling Act, do forthwith cease and de­ Principal advisor to the Secretary of De­ sist from: fense on all matters pertaining to the Chapter VII— Department of the A. Misbranding such products by: sale of commercial life insurance tc Air Force 1. Falsely or deceptively tagging, la­ servicemen. beling or otherwise identifying such (b) Duties and functions: In addition SUBCHAPTER F— RESERVE FORCES products as to the character or amount Jt is the duty and function of the Board PART 864— ENLISTED RESERVE of the constituent fibers contained to: therein; (1) Recommend final action on a Identification Cards 2. Failing to. securely affix to, or place ®ations received from insurance In Part 864, § 864.15 Identification on, each such product a stamp, tag or Panies to solicit commercial life i: cards (16 F Jt. 3032, April 7, 1951) is label or other means of identification snce on overseas bases and installs deleted. showing in a clear and conspicuous under u.s. jurisdiction. manner: [seal! Charles M. M cD ermott, (a) The percentage of the total fiber <2) Maintain a current list of a Colonel, USAF, Deputy Director, weight of such wool product exclusive of ^presenting life insurance comp of Administrative Services. ornamentation not exceeding five per uthorized to solicit on military ins! [F.R. Doc. 59-1626; Filed, Feb. 25, 1959; centum of said total fiber weight, of (1) uonsoverseas. . &M5 a.m.] wool, (2) reprocessed wool, (3) reused 1412 RULES AND REGULATIONS

wool, (4) each fiber other than wool In the Matter of World Wide Watch Co., It is further ordered, That the com­ where said percentage by weight of such Inc., a Corporation, and Jack Bloom, plaint be, and the same hereby is dis­ fiber is five per centum or more, and (5) Nettie Bloom, Bernard Bloom, and missed as to the respondents Jack Bloom the aggregate of all other fibers. Harriet Bloom, Individually and as Of­ and Nettie Bloom and as to the charges (b) The maximum perceptage of the ficers of Said Corporation / set out in Paragraph Five, 5, thereof.- total weight of such wool product of any nonfibrous loading, filling or adulterat­ This proceeding was heard by a hear­ By “Decision of the Commission”, etc., ing matter. ing examiner on the complaint of the report of compliance was required as (c) The name or the registered iden­ 'Commission charging distributors in follows: tification number of the manufacturer New York City with misrepresenting their “Harvester” brand watches by im­ It is ordered, That the respondents of such wool product or one or more per­ World Wide Watch.Co., Inc., a corpora­ sons engaged in introducing such wool printing on dials and cases the words “jeweled”, “17 jewels”, “water resistant”, tion, and Bernard Bloom and Harriet product ihto commerce, or in the offer­ Bloom, individually and as officers of said ing for sale, sale, transportation, distri­ and “waterproof”, and using the same terms, as well as the words “Fully guar­ corporation shall, within sixty (60) days bution or delivery for shipment thereof after service upon them of this order, in commerce, as “commerce” is defined anteed”, on circulars, display cards, posters,' and tags distributed to jobbers file with the Commission a report in in the Wool Products Labeling Act of Writing setting forth in detail the man­ 1939. and dealers for use in resale of the watches; and with attaching to the ner and form in which they have com­ It is further ordered, That Litchfield plied with the order to cease and desist. Woolen Mills Company, a corporation, watches, or furnishing to_ dealers for and its officers, and Plymouth T. Nel­ use in resale, tags bearing fictitious and Issued: January 21, 1959. son, individually and as an officer of said excessive prices represented thereby as By the Commission. corporation, and respondents’ represent­ the usual selling prices. atives, agents and employees, directly or After acceptance of an agreement pro­ [seal] R obert M. P arrish, through any corporate or other device, viding for entry of a consent order, the Secretary. in connection with the offering for sale, hearing examiner made his initial de­ [F.R. Doc. 59-1635; Filed, Feb. 25, 1959; sale or distribution of woolen blankets^ cision and order to cease and desist which 8:47 a.m.] or any other products in commerce, as became on January 21 the decision of “commerce” is defined in the Federal the Commission. The order to cease and desist is as Trade Commission Act, do forthwith [Docket 6628] cease and desist from: Misrepresenting follows: the character or amount of the constitu­ It is ordered, That respondents World PART 13— DIGEST OF CEASE AND ent fibers contained in such production Wide Watch Co., Inc., a corporation, and DESIST ORDERS invoices or shipping memoranda appli­ its officers; Bernard Bloom and Harriet cable thereto or in any other manner. Bloom, individually and as officers of Charlton Press, Inc., et al. By “Decision of the Commission”, etc., said corporation, and respondents’ Subpart—Neglecting, unfairly or de­ report of compliance was required as agents, representatives and employees, ceptively, to make material disclosure: follows i directly or through any corporate or § 13.1880 Old, used, reclaimed, or reused other device, in connection with the of­ as unused or new: Book titles. It is ordered, That respondents herein fering for sale, sale, or distribution of (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets shall, within sixty (60) days after service watches, or other products, in commerce, or applies sec. 5, 38 Stat. 719, as amended; 15 upon them of this order, file with the as “commerce” is defined in the Federal U.S.C. 45) [Cease and desist order, Charlton Commission a report in writing setting Trade Commission Act, do forthwith Press, Inc., et al., Derby, Conn., Docket 6628, forth in detail the manner and form in cease and desist from: January 30,1959] which they have complied with the order 1. Representing, directly or indirectly: In the Matter of Charlton Press, Inc., a to cease and desist. (a) That a watch is a jeweled watch, Corporation, Capital Distributing Com­ Issued: January 20,1959. or that it contains a jeweled movement, pany, a Corporation, and John Sant- unless it contains at least seven jewels, By the Commission. angelo and Edward Levy, Individually including a jeweled lever and unless each and as Officers of Said Corporations: [seal] R obert M, P arrish, of said jewels serves a mechanical pur­ Burton N. Levy, Individually and as Secretary. pose as a frictional bearing; an Officer of Charlton Press, Inc., and [F.R. Doc. 59-1634; Filed, Feb. 25, 1959; (b) That a watch contains seven or Allan Adams, Individually and as an 8:47 a.m.] more jewels unless it contains a jeweled Officer of Capital Distributing Com­ lever and unless each of the claimed pany number of jewels serves a mechanical purpose as a frictional bearing; This proceeding was heard by a hear­ ing examiner on the complaint of the [Docket 7076] (c) That their watches are either wa­ terproof or water resistant; . Commission charging a publisher and a PART 13— DIGEST OF CEASE AND (d) That their watches are guaran­ distributor in Derby, Conn., with selling DESIST ORDERS teed or fully guaranteed unless all of the comic, books consisting largely of ma­ conditions of the guarantee are fully and terial previously published by others World Wide Watch Co., Inc., ef al. clearly set out and if a service charge is without adequate disclosure of the fact Subpart—Advertising falsely or mis­ imposed, the amount of such charge. of such previous publication. leadingly: § 13.70 Fictitious or mislead­ 2. Attaching tickets to merchandise After hearings in due course, the hear­ showing prices which are in excess of the ing examiner made his initial decision ing guarantees: % 13.130 Manufacture or including findings, conclusion, and order preparation; § 13.175 Quality of product prices at which such merchandise is or service. Subpart—Furnishing means usually and regularly sold at retail or to cease and desist, from which respond­ misrepresenting fh any manner the usual ents appealed. The Commission having and instrumentalities of misrepresenta­ considered the matter, denied respond­ tion or deception: 1 13.1056 Preticketing and regular retail prices of merchandise. 3. Furnishing tickets or other mate­ ents’ appeal and oh January 30 adopted merchandise misleadingly. Subpart— the initial decision as the decision of the Misbranding or mislabeling: § 13.1290 rials to dealers, or others, which may be attached to or exhibited in connection Commission. ‘ - - . Qualities or properties: § 13.1295 Quality The order to cease and desist is as fol­ or grade. Subpart—Misrepresenting with merchandise sold to them by re­ oneself and fifoods-^-Prices: § 13.1811 spondents, which show prices that aye in lows: Fictitioushpretieke ting. excess of the prices at which such mer­ It is ordered, That the respondents, chandise is usually and regularly sold at (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Charlton Press, Inc., a corporation, ana or apply sec. 5, 38 Stat. 719, as amended; retail; or furnishing any other means or Capital Distributing Company, a cor­ 15 U.S.C. 45) [Cease and desist order, World instrumentality by which dealers may poration, and their officers, and Jon Wide Watch Co., Inc., et al., New York, N.Y., misrepresent the usual and regular re­ Santangelo and Edward Levy, indivia* Docket 7076, January 21, 1959] tail price of merchandise. ally and as officers of said corporato » Thursday, February 26, 1959 FEDERAL REGISTER 1413 and Burton N. Levy, individually and as credit for liquors lost and the recipiènts or receipted copies of invoices) the re­ an officer of Charlton Press, Inc., and of such replacements, reimbursements, or placement or reimbursement to the Allan Adams, individually and as an credits to join in the claims. Accord­ possessor as required by § 170.161(e) (1). officer of Capital Distributing Company, ingly, it has been deemed desirable to and respondents’ agents, representatives amend the regulations to liberalize the Because the time for filing claims and employees, directly or through any requirement in this respect so that an under Subparts F and I of 26 CFR Part corporate or other device, in connection otherwise allowable claiih may be con­ 170 expires on March 2,1959, and March with the offering for sale, sale or distri­ sidered for allowance. To accomplish 3, 1959, respectively, and because of the bution of comic books or magazines or this purpose, 26 CFR Part 170 is hereby liberalizing nature of these amendments, other publications in commerce, as amended as follows: if is found that it is impracticable and “commerce” is defined in the Federal contrary to the public interest to issue § 170.105 [Amendment] this Treasury decision with notice and Trade Commission Act, do forthwith public procedure thereon under section cease and desist from: Offering for sale, P aragraph 1. Section 170.105 in Sub­ selling or distributing any book or maga­ part F is amended by striking the period 4(a) of the Administrative Procedure zine consisting in whole or in substantial at the end of the second sentence which Act (60 Stat. 238; 5 U.S.C. 1003), or sub­ part of material previously published by begins “In any instance”, and inserting ject to the effective date limitation of others, without clearly and conspicuously in lieu thereof the following: “ : Pro­ section 4(c) of such Act. Accordingly, disclosing on the front cover of such vided, That, the assistant regional com­ this Treasury decision shall be effective book or magazine the fact of such missioner may allow a claim otherwise on September 3,1958. previous publication. meeting the requirements of this sub- (68A Stat. 917; 26 U.S.C. 7805, secs. 207, 208 of Pub. Law 85-859) By “Decision of the Commission”, etc., part even though the person (or persons) report of compliance was required as receiving such replacement or credit does [seal] D ana Latham, follows: not join in the claim if the failure to Commissioner of Internal Revenue. join in the claim is the result of (a) such Lawton M. K ing, It is further ordered, That the re­ person’s death, (b) inability to locate Acting Commissioner of Customs. spondents, Charlton Press, Inc., and such person, or (c) such person’s refusal Capital Distributing Company, corpora­ to join in the claim.” Approved: February 20, 1959. tions, John Santangelo and Edward P ar. 2. A new section, reading as fol­ F red C. S cribner, Jr., Levy, individually and as officers of said lows, is inserted immediately following Acting Secretary of the Treasury. corporations, Burton N. Levy, individu­ § 170.108 in Subpart F: ally and as an officer of Charlton Press, [FJt. Doc.' 59-1661; Filed, Feb. 25, 1959; Inc., and Allan Adams, individually and § 170.108a Evidence of replacement. 8:51 a.m.] as an officer of Capital Distributing Where, as provided in § 170.105, a Company, shall, within sixty (60) days possessor alleged to have received re­ after service upon them of this order, placement does not join in the claim, the file with the Commission a report, in claimant must establish by documentary Title 43— PUBLIC LANDS: writing, setting forth in detail the evidence (such as receipts or receipted manner and form in which they have copies of invoices) the replacemènt to INTERIOR complied with the order to cease and the possessor as required by § 170.110. Chapter I— Bureau of Land Manage­ desist ^contained in the aforesaid initial decision. ' - § 170.156 [Amendment] ment, Department of the Interior P ar. 3. The paragraph with headnote APPENDIX— PUBLIC LAND ORDERS Issued: January 30, 1959. “Claimant” in § 170.156 in Subpart I is By the Commission. amended to read as follows: [Public Land Order 1795] [seal] R obert M. P arrish, Claimant. The person to who pay­ [Arizona 017964] Secretary. ment may be made, as provided in ARIZONA [F.R. Doc. 59-1636; Piled, Feb. 25, 1959; § 170.158. 8:47 ajn.] § 170.159 [Amendment] Withdrawing Public Lands for Use of the Department of the Army in Con­ P ar. 4. Section 170.159 in Subpart I is amended by inserting immediately pre­ nection With the Whitlow Ranch Title 26— INTERNAL REVENUE, ceding the last sentence, an additional Reservoir. Partly Revoking Recla­ sentence reading as follows: “In any mation Withdrawal of February 8, 1954 instance where the beer was replaced or 1923 (Queen Creek Reservoir Site) where reimbursement for the cost of the Chapter I—-Internal Revenue Service, beer was made, the person replacing or By virtue of thè authority vested in Department a l the Treasury making reimbursement therefor and the the President and pursuant to Executive recipient thereof shall join in the claim: Order No. Ì0355 of May 26, 1952, and to SUBCHAPTER E— ALCOHOL, TOBACCO, AND Provided, That the assistant regional section 3 of the act of June 17, 1902 (32 OTHER EXCISE TAXES commissioner may allow a claim other­ Stat. 388; 43 U.S.C. 416), it is ordered [T.D. 6367] wise meeting the requirements of this as follows: part 170— MISCELLANEOUS REGU­ subpart even though the person (or per­ 1. Subject to valid existing rights, the LATIONS RELATING TO LIQUOR sons) receiving such replacement or re­ following-described public lands in Ari­ imbursement does not join in the claim zona are hereby withdrawn from all Losses of Beer and Alcoholic Liquors if the failure to join in the claim is the forms of appropriation under the public Caused by Floods, Hurricanes, and result of (a) such person’s death, (b) land laws, including the mining and min­ Disaster inability to locate such person, or (c) eral leasing laws but not the disposal of such person’s refusal to join in the materials under the act of July 31, 1947 iqri*8868 ^ keer caused by floods of claim.” (61 Stat. 681; 69 Stat. 367; 30 U.STfc:. 601- av vand hurricanes of 1954 and (2) P ar. 5. A new section, reading as fol­ 604) as amended, and reserved for use _ onolic liquors caused by a disaster lows, is inserted immediately following of the Department of the Army for flood urnng after December 31, 1954, and § 170.161 in Subpart I: control purposes in connection With the tkj? September 3, 1958. construction, operation, and mainte­ has been found that it is not possi- § 170.161a Evidence of replacement or nance of the Whitlow Ranch Reservoir ¿ f . ^ e instances, for claimants to reimbursement. on Queen Creek as authorized by the in JHuL the provisions of regulations Where, as provided in § 170.159, a pos­ act of July 24,1946 (60 Statt. 641) : ^hopartg F and I of the Miscellaneous sessor alleged to have received replace­ Gila and Salt R iver Meridian Part l&7n ^ lating to Liquor (26 CFR ment or reimbursement does not join in T. 1 S., R. 10 E., / ins m2- whTch require persons replac- the claim, the claimant must establish by Sec. 25, SE%SE^4; * making reimbursement, or giving documentary evidence (such-as receipts . Sec. 36, lots 1 and 2, E»/2NE%, and N ^ S E ^ . No. 39---- 2 1414 RULES AND REGULATIONS The areas described aggregate -280.64 T. 45 N., R. 54 E., unsurveyed; Public Service Site No. 1 acres. Sec. 18, SW%, Wy2SWyiSEi4, NW14SE14, T. 44 N., R. 52 E., s w 14 ne y4, se *4 Nw 14, w i/ swy Nwi/4; 2. The departmental order of Febru­ 2 4 sec. 21, n w »4, Nwy4swy4. wy2NEy4swy4, Sec. 19, NWi/4NWy4, Ny2SW*/4NWy4, swy4 „ W y2 E y2 NE14 S W14, SWi/4NEy4 except ary 8,1923, so far as it reserved the lands SWy4NWV4, unpatented portions of NE% in the first form for reclamation pur­ that portion of SW^NEy. containing NWV4 and NW>/4N W P W i4. Entry 541, Mineral Survey 59. poses in connection with the Queen Totaling 750 acres. Creek Reservoir Site, is hereby revoked. Totaling 270 atfres. 3. This order shall be subject to exist­ “76” ICreek Administrative Site Wildhorse Crossing Forest Camp Recreation ing withdrawals for power purposes. T. 44 N., R. 58 E., Area Sec. 6, Ei/aSE^NW^, SWÎ4NE14. T. 44 N., R. 54 E., unsurveyed; R oger Ernst, Totaling 60 apres. Sec. 9, SW14NE14, NWV4SE14. Assistant Secretary of the Interior. Klondyke Administrative Site Totaling 80 acres. F ebruary 19, 1959. T. 47 N„ R. 57 E., Telephone Creek Campground Recreation [F.R. Doc. 59-1639; Filed, Feb. 25, 1959; sec. 22, Ny2swi/4sw y4, Ny2sy2, SEi4swy4. Area 8:48 a.m.] Totaling 220 acres. T. 46 N., R. 55 E., Mahoney Ranger Station Administrative Site Sec.34,Ny2SWy4. Totaling 80 acres. T. 46 N., R. 58 E., Jarbidge Campground {No. 1) Recreation [Public Land Order 1796] Sec. 4, SWi4SWy4; Sec. 5, SEy^SE1^; Area [Nevada 044346] Sec. 8, NEy4, SE14; T. 46 N., R. 58 E., Sec. 9, wy2wy2, sy2sy2NEi4, Ny2SEy4, sec. 21, e y2wy2s w i4, wy.Ey2sw y4. NEVADA NEy4NEy4Swy4, Ey2Nwy4. Totaling 80 acres. Totaling 770 acres. Reserving Lands Within the Humboldt Jarbidge Campground {No. 2) Recreation National Forest for Use of the Forest Green Mountain Administrative Site Area Service as Administrative Sites and T. 28 N., R. 57 E„ unsurveyed; T. 46 N., R. 58 E., Recreation Areas Sec. 2, SE%SEy4. sec. 28, Ey4wy2swy4, wy4Ey2swy4. Totaling 40 acres. Totaling 80 acres. By virtue of the authority vested in. Terrace Administrative Site the President by the act of June 4, 1897 Lamoille Canyon Recreation Area (30 Stat. 34, 36; 16 U.S.C. 473) and T. 32 N., R. 59 E., T. 32 N., R. 58 E„ otherwise, and pursuant to Executive Sec. 19, Ey2 lot 14, wy2 lot 15; sec. 14, sw y4, swy4SEy4, sy2SEy4SEy4; Sec. 30, wy2 lot 1, Ey2 lot 2, lots 6 and 7. Sec. 23, Ni^NE^. Order No. 10355 of May 26, 1952, it ,is Totaling 160 acres. ordered as follows: Totaling 300 acres. 1. Subject to valid existing rights, the Lamoille Canyon Administrative Site Lamoille Canyon Picnic Recreation Area following-described -public 'lands within T. 32 N., R. 58 E., T. 32 N„ R. 58 E„ the Humboldt National Forest, Nevada, Sec. 16, NE 14. Sec. 6, lots 1 and 2. are hereby withdrawn from all forms of. Totaling 160 acres. Totaling 80 acres. appropriation under the public land laws, Ackler Creek Administrative Site Angel Lake Recreation Area including the mining but not the mineral T. 36 N., R. 60 E., T. 36 N., R. 61 E„ leasing laws nor disposals of materials Sec. 14, NE^NE^SE^. Sec. 4, Sy.SE %. under the act of July 31, 1947 (61 Stat. Totaling 10 acres. Totaling 80 acres. 681; 30 U.S.C. 601—604) as amended, aftd reserved for use of the Forest Service, Martin Creek Administrative Site The areas described aggregate 4,388.32 Department of Agriculture, as adminis­ T. 44 N.» R. 39 E., • acres. trative sites and recreation areas as sec. 13, sy2SEi4swy4; 2. This order shall be subject to exist­ indicated: sec. 24, NE14NWÎ4 , Nwy4Nwy4, Ny2swy4 ing withdrawals for other than national n w %. forest purposes so far as they affect any Mt. Diablo Meridian \ Totaling 120 acres. • of the lands described, and shall take Jack Creek Administrative Site Pole Creek Guard Station Administrative Site precedence over but not otherwise affect T. 42 N., R. 53 E., T. 46 N., R. 59 E., the existing reservation of the lands for Sec. 19, SW% lot 7, lot 8, lot 11, NW»4 lot sec. 13, se 14n e 14, sy2swy4NEi4, Sy2NE»4 national forest purposes. 12; NEÎ4, Ny2Ny2SEy4. R oger Ernst, Sec. 30, NW>/4 lot 2. T. 46 N„ R. 60 E., Assistant Secretary of the Interior, Totaling 110 acres. Sec. 18, lots 1 and 2. Sand Creeky Administrative Site Totaling 202.41 acres. F ebruary 19, 1959. T. 46 N., R. 55 E., Mary’s River Pasture Administrative Site [F.R. Doc. 59-1640; Filed, Feb. 25, 1959; Sec. 9, NW y4 SE !/4, SW]4SE^4. T. 44 N., R. 58 E„ 8:48 a.m.] Totaling 80 acres. Sec. 23, Wy2SWy4NEi4, wy2Nwy4SEi4, Salmon Creek Administrative Site NEy4swy4, s e ^ n w ^ . Totaling 120 acres. T. 47 N., R. 56 E., unsurveyed; [Public Land Order 17971 Sec. 14, Ei/2NE%SW%, NW&SE^. Camp Creek Pasture Administrative Site [Wyoming 059282] Totaling 60 acres. T. 45 N., R. 59 E., WYOMING Gold Creek Administrative Site Sec. 2, lot 2. Totaling 34.56 acres. T. 45 N., R. 56 E., Withdrawing Public Lands in the Sec. 29, S^SW ^SE ^; South Fork Administrative Site Black Hills National Forest for Use Sec. 32, Wy2NEi4, SE 14 NE 14 NE 14 NW14, T. 31 N., R. 57 E„ of the Forest Service for Administra­ E i/2 SE 14 NE % NW V4. NE % NE & SE % NW 1/4, sec. 27, NEy4swy4, wy2Nwy4SEy4. tive Sites Si/2NE 14SE 1/4NW^l , SE%SE*4NW^4, Ny2 Totaling 60 acres. NW^SEi/4, Ny2Sy2NW%SEi4, Ni/2NWi4 By virtue of the authority vested in the Ruby Administrative Site NE^SEi/i, SW^NWiiNE^SE^, SEft President by the act of June 4, 1897 (30 NE 14, Sy2NE^NE^. T. 33 N., R. 60 E.,x f Stat. 34, 36; 16 U.S.C. 473) and other­ Totaling 22.5 acres. Sec. 20, lots 1 and 4. wise, and pursuant to Executive Order Mountain City R.S. Administrative Site Totaling 78.85 acres. No. 10355 of May 26, 1952 it is ordered T. 45 N., R. 53 E., Groundhog Administrative Site as follows; Sec. 13, SE^4SE]4SE]4, unpatented por­ T. 46 N., R. 40 E., Subject to valid existing rights, the tion; ' , Sec. 25, SWy4SE}4, following-described public lands within Sec. 24, NE 14, Ey2NWy4, N ^NE^SW ^. Sec. 36, NWy4NEy4. the Black Hills National Forest in Wyo­ NyaNy2SE%. Totaling 8Q acres. ming are hereby withdrawn from all Thursday, February 26, 1959 FEDERAL REGISTER 1415 forms of appropriation under the public T. 8 S., R. 3 E., of August 27, 1958 (Pub. Law 85-771). land laws, including the mining but not Sec. 21, Sy2NEi/4; Except as to prior existing valid settle­ Sec. 22, SW1/4NW1/4, Ey2SWi4. ment rights and preference rights con­ the mineral-leasing laws, nor disposals Totaling 200 acres. under the act of July 31, 1947 (61 Stat. T. 6 N., R. 1 E., X ferred by existing law other than the 681; 69 Stat. 367; 30 U.S.C. 601-604) as Sec. 17, W>/2SWy4; Act of September 27, 1944 (58 Stat. 748; amended, and reserved for use of the Sec. 18, Ey2SE%. 43 U.S.C. 282), as amended, or as to Forest Service, Department of Agricul­ Totaling 160 acres. equitable claims subject to allowance ture, for administrative sites: T. 2 S., R. 7 E., and confirmation, they will not be sub­ Sec. 19, Wy2NEi4SWi/4. Sixth Principal Meridian ject to application, petition, location, se­ Totaling 20. acres. lection, or to any other appropriations Cement Ridge Lookout The areas described aggregate 1,498.32 under any other public land law, includ­ T. 50 N., R. 60 W.f acres. ing the mining and mineral leasing laws, Sec. 5, lot 12. 2. The Executive order of April 8,1919,unless and until a further order is issued The area described contains approxi­ creating Public Water Reserve No. 62, by the Bureau of Land Management. mately 40 acres. and the Departmental order of June 28, R oger Ernst, 1918, creating Stock Driveway With­ Assistant Secretary of the Interior. Warren Peak Lookout drawal No. 25, are hereby revoked so far T. 52 N., R. 63 W., as they affect, the lands described in F ebruary 19, 1959. Sec. 20, lot 3. paragraph 1 of this order. [F.R. Doc. 59-1643; Filed, Feb. 25, 1959; The area described contains 28.82 R oger Ernst, 8:48 a.m.] acres. * Assistant Secretary of the Interior. This order shall take precedence over but not otherwise affect the existing res­ F ebruary 19,1959. ervation of the lands for national forest [F.R. Doc. 59-1642; Filed, Feb. 25, 1959; [Public Land Order 1800] purposes. 8:48 a.m.] [Colorado 021250] R oger Ernst, Assistant Secretary of the Interior. COLORADO February 19, 1959. [Public Land Order 1799] [P.R. Doc. 59-1641; Piled, Feb. 25, 1959; Withdrawing Lands Within Arapaho 8:48 a.m.] [2092920] National Forest for Use of Forest Service as Picnic Area, Administra­ MONTANA tive Sites and Campgrounds [Public Land Orderl798] Partially Revoking the Departmental By virtue of the authority vested in [BLM 036169] Order of March 15, 1946 the President by the act of June 4, 1897 (30 Stat. 34, 36; 16 U.S.C. 473) and SOUTH DAKOTA By virtue of the authority vested in otherwise, and pursuant to Executive the Secretary of the Interior by section Order No. 10355 of May 26, 1952, it is Adding Lands to the Black Hills 3 of the Act of June 17, 1902 (32. Stat. ordered as follows: National Forest 388; 43 U.S.C. 416), it is ordered as fol­ Subject to valid existing rights, the fol­ By virtue of the authority vested in the lows: lowing-described public lands within the President by section 24 of the act of 1. The departmental order of March Arapaho National Forest, Colorado, are March 3, 1891 (26 Stat. 1103; 16 U.S.C. 15,1946, which withdrew lands for recla­ hereby withdrawn from all forms of ap­ 471), and the act of June 4,1897 (30 Stat. mation purposes in connection with the propriation under the public land laws, 34, 36; 16 U.S.C. 473) and otherwise, and Tiber Reservoir, Lower Marias Unit, including the mining but not the mineral pursuant to Executive Order No. 10355 Marias Division, Missouri Basin Project, leasing laws nor disposals of materials of May 26, 1952, and upon recommenda­ Montana, is hereby revoked so far as it under the act of July 31, 1947 (61 Stat. tion of the Secretary of Agriculture it is affects the following-described lands: 681; 30 U.S.C. 601-604), as amended, and ordered as follows: P rincipal Meridian, Montana reserved for use of the Forest Service, 1. Subject to valid existing rights, the Department of Agriculture, as a picnic T. 30 N., R. 1 E., area, administrative sites and damp- following-described public lands ip Bee. 9,Wy2NWi/4; South Dakota are hereby added to and Sec. 10, NE%SW^; grounds: reserved as a part of the Black Hills Na­ Sec. 14, SE^SE^. ARAPAHO NATIONAL FOREST tional Forest, and the boundaries of the T. 30 N„ R. 2 E., said national forest are adjusted accord­ Sec. 24, SW ^SE^; Frisco Administrative Site No. 1 ingly: Sec. 30, Sy2NEy4. SE&NW^, Ei/aSW^, and T. 5 S., R. 78 W., Black Hills Meridian SE%. Seo. 35, lots 16 and 17. T. 3 S., R. l T. 30 N., R. 3 E„ Totaling 46.15 acres. Sec. 11, Ny2SW^, SE^SWi/4, and S^SE ^; Sec. 20, Ni/2NWi/4, SE^SE^SE^; Sec. 12, NE^SW^, Ny2SE%, and SEV. Frisco Administrative Site No. 2 Sec. 21, si/2S%; SE Sec: 28, SE^SW ^l T. 5 S„ R. 78 W., Sec. 29,Ni^NE^. Sec. 17, lot 3 and Sec. 26, Sy2SE^. Totaling 370 acres. Sec. 19, lot 13 and SE^SW ^ ; Totaling 80 acres. T. 5 S., R. l e ., Sec. 20, SW^SEi/i; Sec. 22, Wi/2SW%; Sec. 26, NE*4SW^4. Officers Gulch Campground Sec. 27, SW^NW^. T. 30 N„ R. 4 E„ Sec. 11, NE y4 NE 14; T. 6 S., R. 78 W., Totaling 120 acres. Sec. 8, NW%SW%; T. 6 S., R. i e „ Sec. 19, lot 11. T. 31 N„ R. 4 E., Sec. 17, NW‘/4NWy4. Sec. 8, lot 2; N Totaling 80 acres. Sec. 21, SW%SE*4; Sec. 35, SE^SW ^. Sec. 28, Wy2NEi/4, SE^NW ^. T. 30 N„ R. 5 E., Snake River Campground m - ¿otaling 199.98 acres. Sec. 20, NW%SE%. T- 6 S., R. 2 E., T. 5 S„ R. 76 W., The areas described, including both Sec. 18, SyzSE^SW^; Sec. 1, Ni/2NEi/4, NE14NW14. public and nonpublic lands, aggregate Sec. 19, NW%NW%NEiA, NyaSW^NWi/i t „ Totaling 120 acres. 1‘6S., R. 3 E„ 1,302.85 acres. NE&, Ny2NEy4NW%, NE^NWi4NW(4 Sec. 6, lots 3 and 4. 2. Until further notice, the unappro­ (excepting that portion within HES Totaling 68.34 acres. priated lands shall be subject only to #110); SE%NW%NW^ (excepting that T- " S., R; 2 E., application for selection by the State of portion within HES #110); SW^NE1^ Sec. 18, NEi/4SW%; NW14 (excepting that portion within Montana, in accordance with and sub­ HES #110); SE^NE^NW^ (excepting Sec. 34, NE %, SE y4 NW X. ject to the limitations and requirements Totaling 240 acres. that portion within HES #110). of subsection (c) of section 2 of the Act Totaling 81.50 acres. 1416 RULES AND REGULATIONS Winter Park Campground produced through the use of an artificial known parties in interest of the reasons T. 2 S., R. 75 W., appliance or other organs of the body for its inability to make such finding, and. Sec. 10, Suspended Metes and Bounds De­ will be disregarded. (The provisions of of all objections made to the applica­ scription; this section shall not be applicable to tion. 'Each applicant is entitled to re­ Beginning at corner No. 2, HES 117; contracts of United States Government ceive such a notice, with opportunity for Thence7 S. 3° E., 24.53 chains to corner life insurance originally issued on and reply, before his application is desig­ No. 3, HES 117; N. 73° E., 10.00 chains; subsequent to December 15, 1936.) nated for hearing. As a result, each ap­ Northwesterly with ’ the centerline of 2. In Part 8, paragraph (b) of § 8.43plication which may not be granted with­ Highway U:S. 40, 24.84 chains to the is amended to read as follows; out hearing must, absent a waiver by the point of beginning. applicant of his right to a notice, be proc­ Totaling 12.07 acres. § 8.43 Total disability. essed at least twice, once in connection Denver Creek Campground * * * * * with the preparation of the notice and again when a reply is received. It is esti­ T. 3 N., R. 78 W„ (b) Without prejudice to any other Sec. 1, sw y4Nwy4.^ cause of disability, the permanent loss mated that, even in cases where no fur­ Totaling 40 acres. of the use of both feet, of both hands, or ther complications develop, the resulting of both eyes, or of (me foot and one hand, delay in action upon the application is Bakers Tank Picnic Area or of one foot and one eye, or of one hand at least two months, including time for T. 7 S., R. 77 W„ _ and one eye, or the total loss of hearing preparation of the notice, time required Sec. 16, S%NE%NE*4 and N ^SE ^N E ^. of both ears, or the organic loss of speech for reply, a lag before the application is Totaling 40 acres. shall be deemed to be total disability, reached for reprocessing, and the actual The total area described aggregates under National Service life insurance. reprocessing. If, while the notice is out­ 379.72 acres. Organic loss of speech will mean the standing, a conflicting application is re­ This order shall be subject to existing loss of the ability to express oneself, both ceived, the notice procedure must be withdrawals for power and other pur­ by voice and whisper, through the nor­ .repeated, with the possibility of even poses so far as they affect any of the mal organs of speech if such loss is greater delay because of still further lands described, and shall take prece­ caused by organic changes in such complications. In some instances more dence over but not otherwise affect the organs. Where such loss exists, the fact than a year has elapsed between the time existing reservation of the lands for that some speech can be produced of the issuance of the first notice and the national forest purposes. through the use of an artificial appliance designation for hearing because of jthe or other organs of the body will be dis­ necessity for a series of notices as new R oger E rnst, regarded. conflicting applications were filed. Assistant Secretary of the Interior. 3. In many cases the notice required (72 Stat. 1114; 38 U.S.O. 210) F ebruary 19, 1959. by section 309(b) serves no useful pur­ This regulation is effective February pose, since the applicant is well aware [F.R. Doc. 59-1644; Filed, Feb. 25, 1959; 9, 1959. of the reasons why his application may 8:48 a.m.] not be granted without hearing, e.g., [seal] B radford Morse, mutual exclusivity with another applica­ Deputy Administrator. tion, interference to an existing station, Title 38— PENSIONS, BONUSES, [F.R. Doc. 59-1659; Filed, Ffeb. 25, 1959; inconsistent with standards of allocation 8:51 a.m.] , such as the 10 percent rule. If in such cases applicants would waive their right AND VETERANS' RELIEF to the notice, it is apparent that not only Chapter I— Veterans Administration could action on their applications be Title 47— TELECOMMUNICATION taken months sooner, but also the time PART 6— UNITED STATES GOVfrRN- Chapter I— Federal Communications of the Commission’s staff now spent in MENT LIFE INSURANCE the preparation of the notices and re­ Commission processing of applications after replies' PART 8— NATIONAL SERVICE LIFE [FCC 59-132] are received could be diverted to the INSURANCE processing of other applications. Thus, PART 1— PRACTICE AND PROCEDURE Disabilities depending upon the extent of the waivers Designation for Hearing filed, there could be a substantial reduc­ 1. In Part 6, § 6.122 is revised to read tion in the backlog of applications on as follows; 1. The Commission has under consid­ the processing line. eration its Rules with respect to the proc­ 4. The Commission has in the past § 6.122 Disabilities deemed to be total essing of and action Upon broadcast ap­ given recognition to waivers of the right and permanent. plications, and the status of its proces­ to notice in the few instances in which Without prejudice to any other cause sing line for standard broadcast appli­ applicants have so requested. In order of disability, the permanent loss of the cations. As applicants for new or to encourage a greater number of such use of both feet, of both hands, or of both changed standard broadcast facilities requests the Commission is amending its eyes, or of one foot and one hand, or of are well aware, they must now expect Rules to specify the conditions under one foot and one eye, or of one hand and that seven months to one year will elapse which it will give effect to such waivers. one eye, or the loss of hearing of both between the time of filing their applica­ The waiver may be general in terms, or ears, or the organic loss of speech, or tions and action thereon, either grant limited to the specific objections of which becoming permanently helpless or per-, or designation for hearing. For some the applicant has knowledge, or general manently bedridden shall be deemed to time the Commission has been concerned in part and specific in part. For ex­ be total and'permanent disability under with this regrettable situation and has ample, the waiver may cover notice of United States Government life insurance, been considering and will continue to (1) any or all objections that may be and monthly installments of insurance consider means of reducing the backlog raised; (2) objections because of mutual for any of these specifically enumerated of standard broadcast applications. exclusivity with specified applications causes of total and permanent disability 2. The reasons for the backlog of ap­ and interference to specified stations; or shall accrue from the date of such total plications on the standard broadcast (3) objections because of mutual exclu­ and permanent disability, and any pre­ processing line are varied. However, as sivity with any applications with which miums paid after the date of such total the size of the backlog has increased, it it may be considered mutually exclusive and permanent disability shall be re­ has become abundantly clear that one and interference to specified stations. In funded without interest. Organic loss factor which has greatly aggravated the order that the applicant may protect of speech will mean the loss of the ability situation is the requirement of section himself against changed circumstances, to express oneself, both by voice and 309(bX of the Communications Act that, a waiver may be amended or withdrawn whisper, through the normal organs of if the Commission can not find that a at any time prior to action on the appli' speech if such loss is caused by organic grant of an application will serve the cation. Further, the waiver will be given changes in such organs. Where such loss public interest, convenience or necessity, no effect if there are objections not exists, the fact that some speech can be it will notify the applicant and other covered by the waiver, or if a suitable Thursday, February 26, 1959 FEDERAL REGISTER 1417 waiver has not been filed by an applicant correcting certain minor errors and broadcast STL and FM intercity relay with a conflicting application. Hence, omissions in the notice was released cm systems receive adequate protection. if applicants are to gain the intended May 1, 1958, and published in the F ed­ The language of Footnote NG101, which benefit of their waivers, it is incumbent eral R egister on May 8, 1958 (23 F.R. is to be added to § 2.104(a) (5), is being upon them to keep their waivers up to 3022). modified so as to make this clear. As to date as they become aware of additional 2. This Fifth Report and Order com­ the pre-emption of frequencies in the objections. pletes rule-making with regard to the 942-952 Me band by non-broadcast fixed 5. Inasmuch as the proposed amend­ Commission’s proposals to: stations, the Commission wishes to em­ ments are procedural in nature, com­ (a) Allocate the band 942-952 Me to: phasize that only those individual sta­ pliance with the requirements of sections (1) AM, FM and TV STL (audio only). tions which receive harmful interference 4 (a) and (b) of the Administrative Pro­ <2) FM intercity relay on a noninter­ from Government operations in the band cedure Act is not required. ference basis to other services. 890-942 Me, or ISM equipment, or cause 6. Authority for the amendments (3) International fixed public and in­ harmful interference to, Government adopted herein is found in sections 4 (i) ternational aeronautical fixed stations, operations in the band 890-942 Me will and (j) and 303 (r) of the Communica­ in the territories only, where extended be considered for transfer to the 942-952 tions Act of 1934, as amende^- range fixed circuits are required. Me band and then only if it can be shown 7. It is ordered, That, effective March (b) Permit access to the band 942-952 that operation in the 942-952 Me band 2,1959, § 1.362 of the Commission’s rules Me by those fixed stations which are now will not cause interference to existing and regulations is amended as set forth authorized in the band 890-942 Me on broadcast STL and FM intercity relay below: the following conditions: stations. The provision made herein to Adopted: February 18,1959. <1) That such stations can show that accommodate non-broadcast fixed sta­ harmful interference is being caused by tions, which may be displaced from the Released: February 20,1959. Government radiopositioning stations in 890-942 Mo band, in the 942-952 Me (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. the 890-942 Me band or by ISM operat­ band may have to be reviewed at some 154. Interprets or applies sec. 303, 48 Stat. ing on 915 Me. future time and possibly revised if there 1082, as amended; 47 U.S.C. 303.) (2) That an engineering study by the appears to be danger that channels in the F ederal Communications Commission indicates that the proposed 942-952 Me band will not be available to Commission,1 frequency assignment in the band-'942- satisfy essential requirements of the [seal] Mary J ane Morris, 952 Me is likely to eliminate the above broadcasting service which cannot other­ Secretary. interference. _ wise be met. (3) That the bandwidth of emission At the request of Shenandoah Valley Section 1.362 of the Commission’s rules does not exceed 1100 ke. Broadcasters, Inc. and WGBH Educa­ is amended by''adding a new paragraph (c) Allocate the band 2110-2200 Me tional Foundation, the Commission (c) as follows: to: wishes to point out that the realloca­ (c) An applicant may at any time (1) Common Carrier fixed. tion of the band 942-952 Me to stand­ waive his right under section 309(b) of < 2) International control. ard broadcast, FM broadcast, and TV the Communications Act of 1934, as (3) Operational fixed. broadcast (aural) STL stations and the amended, to the notice provided for in on the condition that the service rules footnotes appended thereto, which per­ paragraph (a) of this section. The pertaining to the aforementioned sta­ mit FM broadcast, TV broadcast (aural), waiver, in the form of an amendment to tions will limit the maximum authorized and broadcast intercity relay stations to the application, may be general or spe­ bandwidth to 5 Me and will not permit use frequencies in the band 942-952 Me cific in its terms, and may be amended video transmission. on condition that harmful interference or withdrawn at any time prior to Com­ As set forth below, there are appro­ will not be caused to stations operating mission action upon the application. priate amendments to Part 2 of the Com­ in accordance with the Table of Alloca­ The Commission will give effect to such mission’s rules. Amendments to the tions, does not carry the condition that waiver unless the Commission cannot service rules affected by, and conform­ such stations, now operating in the 890- make the findings specified in § 1.361(a) ing to; this action will be accomplished 942 Me band, must experience interfer­ for reasons not covered by the waiver, separately by subsequent Commission ence in that band before they may apply or an applicant whose application is in Orders without further Notices of Pro­ for a transfer to the 942-952 Me band. conflict has not filed a similar waiver, posed Rule Making. Frequencies may be assigned to these or public interest considerations indicate stations at any time, upon appropriate 3. The period for filing comments in application therefor. otherwise. In such cases, the procedure this Docket expired on June 16, 1958. set forth in paragraph (a) of this section All comments filed were duly considered (b) The National Committee for Util­ will be followed. and, insofar as they affect the matters ities Radio and the American Petroleum [PR. Doc. 59-1667; Piled, Feb. 25, 1959; beii.g disposed of in this Fifth Report Institute expressed opposition to fre­ 8:52 a.m.] quency bands ^above 890 Me being shared and Order, are summarized and disposed with common carriers on the ground of as follows: that it would curtail future expansion 942-952 Me Band: (a) General Elec­ by creation of frequency shortages for tric Company and National Association [Docket No. 12404; PCC 59-141] private users of the radio spectrum, and of Broadcasters urge the Commission to they pointed to the private user loss of PART 2— FREQUENCY ALLOCATIONS make the allocation of this band subject the 890-942 Me and 3500-3700 Me bands AND RADIO TREATY MATTERS; to the conditions that: Cl) Broadcasters by the Commission’s reallocation there­ shall have first priority therein so as to of to Government users as a result of GENERAL RULES AND REGULA­ ensure that frequency assignments re­ TIONS our Memorandum Opinion and Order,- quired for STL and FM intercity circuits dated April 16, 1958 (FCC 58-379). It Miscellaneous Amendments are not pre-empted by others in such should be noted that the common car­ manner as to deprive broadcasters of riers suffered the same loss of these iden­ In the matter of allocation of fre­ the use of these frequencies to satisfy tical bands, which were allocated on a quencies, amendment of Part 2 of the present and future needs for STL and shared basis to several non-government wumission’s rules and regulations; FM intercity relay circuits; and (2) radio services. In this connection, we Docket No. 12404. existing STL and FM intercity relay sys­ wish to clarify that the recent reallo­ Ad«’ Pii Apri* 16> 1958, the Commission tems be provided adequate protection cation of the 3500-3700 Me band to Gov­ inff ■ d a no^ice °1 Proposed rule mak- against interference from non-broadcast ernment cannot be viewed as having og in the above-entitled matter which fixed stations which are transferred to curtailed expansion of either common h5?ieleased on April 18> 1958> and Pub- the 942-952 Me band. The Commission carrier or operational fixed microwave DQini-i11 F ederal R egister on April recognizes the necessity of interference- services because this band has never » 958 (23 F.R. 2698). An errata notice free circuits for all common carrier, been allocated for non-Government broadcast STL and broadcast intercity fixed service. Except for the frequency statement of Commissioner relay circuits and will take such steps as band 890-942 Me, our frequency realloca­ led as part o£ original document. may be necessary to insure that existing tion of April 16 did not involve such 1418 RULES AND REGULATIONS transfer of any bands wherein provision bands shared by common carrier fixed (b) The United States Telephone As­ was made for Operational Fixed stations. with other services, and it was never sociation alleges that equipment suitable Our frequency assignment records show contemplated that all of the displaced for common carrier operations in the that there is very little occupancy in stations would be accommodated in the 2110-2200 Mò band is not now available the 890-940 Me band by any radio serv­ 942-952 Me band. As to the overall and that substantial time will be neces­ ice other than common carrier fixed. In needs of the various services for fre­ sary to develop such equipment, in con­ that respect, the problem of transferring quency space above 890 Me, this was the sequence of which it is impracticable now operations out of the 890-942 Me band subject of a recent extensive allocations to plan on use of this band as a substitute to avoid harmful interference from ISM inquiry (Docket No. 11866) and is still for the 890-940 Me band. They contend installations and Government radioposi­ under review by the Commission. The that they will lose a large portion of their tioning stations is manifestly much proposal to permit common carriers ac­ multi-million dollar investment in 900 greater for common carriers than for cess to the 942-952 Me band 'did not Me microwave systems if forced to move any other service. This factor cannot contemplate that entire microwave sys­ to the 2110-2200 Me band, since the 900 be overlooked and we believe it merits tems would be transferred to that band, Me equipment cannot be practicably special consideration. The Commis­ but only such individual stations in a modified to move that high in the spec­ sion’s proposal with respect to occu­ complete system as received interference trum. This contention is supported by pancy of the 942-952 Me band by from, or caused interference to, Govern­ comments of Lenkurt Electric Company, common carriers does not contemplate ment operations in the 890-942 Me band. Inc., manufacturer of most of the radio permitting the carriers to expand their Furthermore, we believe that affected equipment used in the 890-940 Me band, operations on such frequencies, but common carriers will consider such indi­ which states that complete replacement merely provides that such frequencies vidual station transfers to be temporary of antennas, duplexers,,transmitters and may be used only to escape interference expedients and will plan ultimate sys­ receivers would be necessary, as well as from ISM and radiopositioning in the tem construction in bands which are not some antenna tower changes and reloca­ 890-942 Me band after it arises. We subject to displacement because of inter­ tion of stations. Both parties contend believe that the number of sufch cases ference problems from priority services. that shared use of the same band pre­ which may be solved by this arrange­ As to the adequacy of the spectrum space cludes the orderly expansion, frequency- ment will be relatively small and, there­ allocated to common carriers, the Com­ wise, of common carrier service, as plan­ fore, this should not curtail appreciably mission is making no finding in that re­ ning for such use must be done substan­ the possibilities of growth of other radio gard in this proceeding. tially in advance of service, and there is services on frequencies between 942 and (d) Therefore, we believe that theno assurance thatTrequencies, on which 952 Me. provisions made herein with respect to expansion is planned, would not have (c) Comments filed by spokesmen forthe use of the 942-952 Me band by non- been pre-empted by private users by the the communications common carrier in­ Government fixed stations now operat­ time they were required by common car­ dustry, viz., United States Independent ing in the band 890-940 Me, which may riers. Relative thereto, the comments Telephone Association, American Tele­ be required to change frequency in order of National Committee for Utilities phone &r Telegraph Company, and Len- to eliminate interference to Government Radio express concern that the require­ kurt Electric Company, Inc., take the operations in that band or to escape ments of common carriers for spur routes view that: (1) Ten megacycles of spec­ interference from Government stations and links between small cities are so trum (942-952 Me) is totally inadequate or ISM equipment operating in the band heavy that their occupancy in this band for transfer of common carrier systems 890-940 Me, would serve the public in­ would effectively preclude the use o£ the from the 890-940 Me band, inasmuch as terest, convenience, and necessity, and band by Operational Fixed stations in the carriers typically require a minimum are adopting the amendment to § 2.104 practically every part of the ' country. frequency separation of 12 Me between (a) (5) of the Commission rules as set The American Telephone & Telegraph transmitting and receiving frequencies; forth below. Company indicates support of the Com­ (2) common carriers could not plan on -2110-2200 Me Band: (a) National mission’s proposal and states that the availability of space in the 942-952 Me Committee for Utilities Radio and Amer­ 2110-2200 Me band can, in some in­ band to solve 890-940 Me interference ican Petroleum Institute oppose ±he stances, be used as a substitute for the cases since no one knows in advance sharing of this band with common car­ 890-940 Me band, but points out that the where and when interference will arise riers on the grounds indicated above frequencies are more than an octave or what the occupancy in the 942-952 relative to the 942-952 Me band. Addi­ above the 900 Me band and the substan­ Me band will be in the geographic area tionally, American Petroleum Institute tially different propagation characteris­ involved when interference does arise; tics will, in many instances, not be well (3) disruption of public communication contends that, since private users and common carriers use different coordina­ suited. service is bound to result unless common tion and operation procedures, and are These representations are disposed of carriers can make advance plans and controlled by different rules and engi­ in the following paragraphs. move out of the 890-940 Me band, which neering standards, band sharing be­ (c) Although microwave bands for cannot be achieved due to the fact that tween such services would be intolerable common carrier use, other than for in­ the 942-952 Me band would not be avail­ and result only in confusion and inter­ ternational control purposes, are allo­ able to common carriers until harmful ference. The American Petroleum In­ cated in the 4000 Me and higher regions interference has arisen. The possibility stitute recognizes the need for common of the spectrum under the present fre­ of harmful interference being caused to quency allocations, no microwave bands any station now authorized to operate carriers to have access to frequencies substantially below the 4000 Me band to lower in thè spectrum are available to in the 890-942 Me band, and the con­ meet situations where the propagation meet their transmission requirements sequences that may ensue if public serv­ over difficult terrain where the propaga­ ice should be disrupted by such inter­ characteristics of the microwave bands, Which are now available to common car­ tion characteristics of the allocated ference, are a matter of serious concern bands are inadequate^ In view of the to the Commission. We are equally con­ riers, are inadequate, and suggests that a provision be made for common carrier obligations of the carriers to provide cerned that ample provision be made for communication service to the public and the orderly growth and development of spectrum space in the vicinity of 1000 Me rather ihan-in the 2000 Me region for vital national defense requirements, the various microwave radio services. it is apparent that this void in the com­ The numerous recommendations that where the propagation characteristics of plement of common carrier frequencies separate and distinct frequency alloca­ radio waves are less favorable. If the must be corrected. In this connection, • tions be made to the private and com­ Commission should decide to allocate we are unable to obtain the necessary mon carrier services, respectively, have space to common carriers in the 2110- sparce from the parts of the. spectrum substantial merit. 2200 Me band, the American Petroleum reserved for Government use. Of the In this connection, we wish to point Institute urges that this band be split remainder of the spectrum between 952 out that the common carrier services into exclusive blocks of frequencies for Me and 3700 Me, we are of the opinion which may be displaced from the 890- common carriers and private users. that opening the 2110-2200 Me band to 942 Me band may be transferred to other These representations have been taken common carriers on a shared basis with frequency bands allocated to common into consideration and are disposed of private users will minimize the likelihood carrier fixed stations, as well as the as indicated in paragraph (c) below. of disruption of private microwave serv- Thursday, February 26, 1959 FEDERAL REGISTER 1419 ice and will enhance the ability Of the 2, 4, 7, 8, 9, 10, 11, 12, 16, and 21 of the carriers to provide service which could rules) from non-Government to Govern­ Title 37— PATENTS, TRADE­ not be provided feasibly on other avail­ ment use). able frequencies. We have weighed the 5. It should be understood, however, MARKS, AND COPYRIGHTS suggestion that this band be subdivided that sharing is authorized in the fore­ to provide separate frequency blocks for going bands only because of the unique Chapter I— Patent Office, Department private usera and common carriers, re­ circumstances and the decision herein is of Commerce spectively, and conclude that greater not to be construed as a determination frequency utilization can be achieved if that sharing between common carriers PART 1— RULES OF PRACTICE IN the band is not subdivided. The Com­ and private users is generally feasible or PATENT CASES mission does not question that frequency appropriate in any other bands. The ■ Advertising coordination between user groups will be question as to such sharing is one of the more difficult under these circumstances. issues upon which evidence was adduced The date on which amended § 1.345 of However, we expect that users of such in Docket No. 11866, In the Matter of Al­ Part 1 (23 F.R. 6199, August 13, 1958) is frequencies will bend every effort toward location of Frequencies in the Bands to take effect is further extended to July avoidance of interference through such above 890 Me. 1, 1959. Until amended § 1.345 comes coordination as may be necessary. The 6. In view of the foregoing, pursuant into effect, § 1.345, Title 37, Code of Commission finds that the public inter­ to the authority set forth in sections 303 Federal Regulations, shall be in effect. est, convenience and necessity will be (c), (f ), and. (r) of the Communications (Sec. 6, 66 Stat. 793; 35 U.S.C. 6. Interprets served by amending § 2.104(a) (5) of our Act of 1934, as amended: It is ordered or applies secs. 31, 32, 66 Stat. 795, 796; 35 rules with respect to the 2110-2200 Me That effective March 31, 1959, Part 2 of U.S.C. 31, 32) band, as shown below. the Commission's rules is hereby amend­ R obert C. Watson, 4. The United States Independent ed as set forth below. Commissioner of Patents, Telephone Association, American Tele­ 7. Matters not heretofore finalized in Approved: February 17, 1959. phone & Telegraph Company and Len- this proceeding will be dealt with by kurt Electric Company, Inc., have re­ such subsequent Reports and Orders of Lewis L. S trauss, quested, in their comments on this the Commission as may be appropriate. Secretary of Commerce. Docket, that the frequency band 840- (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. [F.R. Doc. 59-1624; Filed, Feb. 25, 1959; 890 Me be reallocated to common carrier 154. Interprets or applies sec. 303, 48 Stat. 8:45 a.m.] fixed operations as a solution to the in­ 1082, as amended; 47 U.S.C. 303) stant common carrier microwave prob­ lem. That solution is not now available. Adopted: February 18,1959. Requests for reallocation of the 840-890 Released: February 20,1959. Me band are so interrelated with other frequency allocation matters in the 25- F ederal Communications PROPOSED 890 Me region of the spectrum that they Commission, must be considered in connection with [seal] Mary Jane Morris, RULE MAKING Docket No. 11997 (cf. FCC Public Notice Secretary. FCC 58-745, Memorandum Opinion and Order of the Commission re petitions for 1. In the Table of Frequency Alloca­ reconsideration and stay of its action of tions, § 2.104(a) (5), change the entries DEPARTMENT OF THE TREASURY April 16, 1958, with respect to realloca­ in the band 942-952 Me in columns 7 Bureau of Customs tion of certain frequency bands (Parts through 11 to read as follows: I 19 CFR Part 1 ] Fre­ Band Me Service Class of station ; quency Nature^Nature/0 Fstations SERVICES ROOSEVELTOWN AND MASSENA, Me N.Y.; CUSTOMS PORT OF ENTRY 7 8 9' 10 11 Notice of Proposed Rule Making 942-952 Fixed, (a) AM broadcast STL. Notice is hereby given that pursuant (NCU3) (b) FM broadcast STL (NG14). (NG101) (c) International aeronautical fixed (terri­ to the authority vested in the President tories only). by section 1 of the Act of August 1,1914, (d) International fixed public (territories only). 38 Stat. 623 (19 U.S.C. 2), which was (e) Television STL (audio only). delegated to the Secretary of the Treas­ ury by the President by Executive Order No. 10289, September 17, 1951 (3 CFR, 2. Add new footnote NG101 to § 2,104 cates that the proposed frequency assign­ 1951 Supp., Ch. II), it is proposed to (a) (5) to read as follows: ment for such stations in the band 942-952 Me Is likely to result in the elimination of revoke the designation of Rooseveltown, NG101 Non-government fixed stations thé interference occurring in the band 890- New York, as a customs port of entry in which were authorized on April 16, 1958, to 942 Me, and will not cause interference to Customs Collection District No. 7 (St. use frequencies in the band 890-942 Me may, existing operations in the band 942-952 Me. Lawrence); to establish in Customs Col­ upon the showing that interference is being lection District No. 7 a new customs port caused by or to their assignments, be author- 3. In the Table of Frequency Alloca­ to use frequencies in the band 942-952 of entry at Massena, New York, to in­ Me provided the bandwidth of emission does tions^ § 2.104(a) (5) change the entries clude the township of Massena (of which hot exceed 1100, kc and provided that an in the band 2110-2200 Me in columns 7 Rooseveltown is a part) in the State of engineering study by the Commission indi- through 11 to-read as follows: New York; and to amend § 1.1(c) of the Customs Regulations to indicate these Fre­ Nature / 0F SERVICES changes. The purpose of these changes Band Me Service Class of station quency Nature \ofstaiions is to extend the port limits to encompass Me an area including, but extending beyond, 7 8 9. 10 11 Rooseveltown and to provide a name descriptive of the greater area to be 2110-2200 (NG13) Fixed. (a) Common carrier.fixed. served. (NG30) (b) International control. This notice is published pursuant to (c) Operational fixed. section 4 of the Administrative Proce­ dure Act (5 U.S.C. 1003). Data, views, [F.R. Doc. 59-1668; Filed, Feb. 25, 1959; 8:52 a.m.] or arguments with respect to the pro- 1420 PROPOSED RULE MAKING posed revocation of the designation of posed to be prescribed by the Commis­ (E) By inserting at the end of para­ Rooseveltown as a customs port of entry, sioner of Internal Revenue, with the ap­ graph (e) (1) the following new sub- and the designation of Massena as a proval of the Secretary of the Treasury paragraph: customs port of entry may be addressed or his delegate. Prior to the final adop­ to the Commissioner of Customs, Bureau tion of such regulations, consideration (2) Certain uninsured losses. Not­ of Customs, Washington 25, D.C., in writ­ will be given to any comments or sug­ withstanding the provisions of subpara­ ing. To assure consideration of such gestions pertaining thereto which are graph (1) of this paragraph, losses communications, they must be received sustained during a taxable year begin­ submitted in writing, in duplicate, to ning after December 31, 1957, with re­ in the Bureau of Customs not later than the Commissioner of Internal Revenue, spect to both propérty used in the trade 20 days from the date of publication of Attention: T:P, Washington 25, D.C., or business and any capital asset held this notice in the F ederal R egister. No within the period of 30 days from the for more than 6 months and held for the hearing will be held. (Mshipwreck, or other Commissioner of Customs. who desires an opportunity to comment casualty, or from theft, and which are Approved: February 18, 1959. orally at a public hearing on these pro­ not compensated for by insurance in any posed regulations should submit his re­ amount, are not losses to. which section A. Gilmore F lues, 1231(a) applies. Such losses shall not be Acting Secretary of the Treasury. quest, in writing, to the Commissioner within the 30-day period. In such a taken into account in applying the pro­ [F.R. Doc. 59-1660; Filed, Feb. 25, 1959; case, a public hearing will be held, and visions of this section. 8:51 a.m.] notice of the time, place, and date will (F) By inserting the following sen­ be published in a subsequent issue of tences at the end of example (1) in the F ederal R egister. The proposed paragraph (g) : “For any taxable year regulations are to be issued under the ending after December 31, 1957, the Internal Revenue Service authority contained in section 7805 of $5,000 loss upon theft of bonds (item 6) the Internal Revenue Code of 1954 (68A would not be taken into account under [ 26 CFR (1954) Part 1 ] Stat. 917; 26 U.S.C. 7805). section 1231. See paragraph (e) (2) of INCOME TAX; TAXABLE YEARS BE­ [seal] D ana Latham, tins section.” GINNING AFTER DECEMBER 31, Commissioner of Internal Revenue. P ar. 3. Section 1.1234 is amended to read as follows: 1953 < In order to conform the Income Tax § 1.1234 Statutory provisions; options to Notice of Hearing on Proposed Regulations (26 CFR (1954) Part 1) re­ lating to sections 1231, 1234, and 1235 of buy or sell. Regulations the Internal Revenue Code of 1954 to Sec. 1234. Options to buy or sell—(a) Treat­ Proposed regulations under section sections 49, 53, and 54 6f the Technical ment of gain or loss. Gain or loss attributa­ ble to the sale or exchange of, or loss at­ 6851 and proposed amendment of reg­ Amendments Act of 1958 (72 Stat. 1642, tributable to failure to exercise; a privilege ulations'under sections 167(d), 911 and 1644), such regulations are amended as or option to buy or sell property shall be con­ 6015(b) of the Internal Revenue Code follows: sidered gain or loss-from the sale or exchange of 1954, relating to termination of tax­ § 1.1231 [Amendment] of property which has the same character able year, certified mail, cross reference as the property to which the option or privi­ and returns as declaration of estimated Paragraph 1. Section 1.1231 is amend­ lege relates has in the hands of the taxpayer tax, were published in the F ederal R eg­ ed: (or would have in the hands 4f the taxpayer ister for Wednesday, January 14, 1959. (A) By inserting at the end of section if acquired by him ). (b) Special rule for loss attributable to One or more interested parties have sub­ 1231(a) as set out in i 1.1231 the follow­ failure to exercise option. For purposes of mitted comments and suggestions per­ ing new sentence: “In the case of any subsection (a), if loss is attributable to fail­ taining to the proposed regulations, and property used in the trade or business ure to exercise a privìlegé or option, the have requested an opportunity to com­ and of any capital asset held for more privilege or option shall be deemed to have ment orally at a public hearing on the than 6 months and held for the produc­ been sold or exchanged on the day it expired. proposed regulations. tion of income, this subsection shall not (c) Non-application of section. This sec­ A public hearing on the proposed reg­ apply to any loss, in respect of which the tion shall not apply to— ulations will be held on Friday, March 6, taxpayer is not compensated for by in­ ( 1 ) A privilege or option which constitutes 1959, at 10:00 a.m., e.s.t., in Room property described in paragraph (1) of sec­ surance in any amount, arising from fire, tion 1221; 3313, Internal Revenue Building, storm, shipwreck, or other casualty, Or (2) In the case of gain attributable to the Twelfth and Constitution Avenue NW., from thefjfc.” sale or exchange of a privilege or option, any Washington, D.C. Persons who plan to (B) By inserting the following histori­ income derived in connection with such attend the hearing are requested to so cal note immediately after section privilege or option which, without regard notify the Commissioner of Internal 1231(b) (4), as set out4n § 1.1231: to this section, is treated as other than gain Revenue, Attention: T:P, Washington from the sale or exchange of a capital asset; 25, D.C., by MArch 3,1959. [Sec. 1231 as amended by sec. 49, Technical (3) A loss attributable to failure to exer­ Amendments Act of 1958 (72 Stat. 1642) ] - cise an option described in section 1233 (c) ; [seal] Maurice Lew is, or Director, § 1.1231—1 [Amendment] (4) Gain attributable to the sale or ex­ Technical Planning Division, P ar. 2. Section 1.1231-1 is amended: change of a privilege or option acquired by Internal Revenue Service. (A) By inserting at the end of para­ the taxpayer before March 1, 1954, if in the graph (c) the following new sentence: hands of the taxpayer such privilege or option [F.R. Doc. 59-1665; Filed, Feb. 25, 1959; “Notwithstanding any of the provisions is a capital asset. 8:52 a.m.] of this paragraph, section 1231(a) does [Sec. 1234 as amended by sec. 53, Technical not apply to losses described in para­ Amendments Act of 1958 (72 Stat. 1644) ] graph (e) (2) of this Section.” § 1.1234—1 [Amendment] (B) By inserting the following im­ [ 26 CFR (1954) Part 1 ] mediately after the heading of paragraph Par. 4. Paragraph (e) of § 1.1234-1 is amended by inserting the following new INCOME TAX; TAXABLE YEARS BE­ (e): “(1) General rule." (G) By inserting before the period at subparagraph at the end thereof: y GINNING AFTER DECEMBER 31, the end of the second sentence of para­ (4) Acquired by the taxpayer before 1953 graph (e)(1), as redesignated* the fol­ March 1,1954, if in the hands of the tax­ Notice of Proposed Rule Making lowing: “unless subparagraph (2) of this payer such option is a capital asset. paragraph applies”,, Notice is hereby given, pursuant to the (D) By inserting immediately after§ 1235 [Amendment] Administrative Procedure Act, approved the second comma in the third sentence Par. 5. Section 1.1235 is amended: June 11, 1946, that the regulations set of paragraph (e) (1) the following: “but (A) By revising paragraph (d) of sec­ forth in tentative form below are pro­ not held for the production of income,”. tion 1235 to read as follows; Thursday, February 26, 1959 FEDERAL REGISTER 1421 (d) Related persons. Subsection (a) shall proposed regulations under section 501 the Internal Revenue Code of 1954Unless not apply to any transfer, directly or indi­ (c) (3) and (4) of the Internal Revenue affected by substantive changes in law rectly, between persons specified within any Code of 1954 were published in tentative made by such Code.” one of the paragraphs of section 267(b); except that, in applying section 267(b) and form with a notice of proposed rule' (B) Paragraph (b)(1) is amended by (c) for purposes of this section— making in the F ederal R egister for adding the following new subdivision at (1) The phrase “25 percent or more” shall January 21, 1956 (21 F.R. 460). Notice the end thereof: be substituted for the phrase “more than 50 is hereby given that proposed §§1.501 (iii) An organization described in sec­ percent” each place it appears in section (c)(3), 1.501(c) (3)-l, 1.501(c)(4) and 267(b), and 1.501(c) (4)-1 are hereby withdrawn. tion 501(c) (3) shall submit with, and as " (2) Paragraph (4) of section 267(c) shall Further, notice* is hereby given, pur­ a part of, an application filed after be treated as providing that the family, of suant to the Administrative Procedure ______1959, a detailed statement of an individual shall include only his spouse, its proposed activities. ancestors, and lineal descendants, Act, that the regulations set forth in tentative form below are proposed to be P ar. 2. There are inserted immediately (B) By inserting the following histori­ prescribed by the Commissioner of after § 1.501(c) (2)-1 the following new cal note at theend of section 1235: Internal Revenue, vwith the approval of sections: (Sec. 1235 as amended by sec. 54, Technical the Secretary of the Treasury or his § 1.501(c) (3) Statutory provisions; ex­ Amendments Act of 1958 (72 Stat. 1644) ] delegate, in substitution for the pro­ posed regulations hereinbefore with­ emption from tax on corporations, § 1.1235—2 [Amendment] certain trusts, etc.; corporations, and drawn. Prior to the final adoption of any community chest, fund, or foun­ Par. 6. Paragraph (f) of § 1.1235-2 is such regulations, consideration will be dation, organized and operated ex­ amended: given to any comments or suggestions clusively for religious, charitable, (A) By, striking all of subparagraph pertaining thereto which are submitted scientific, testing for public safety, <1) after the first two sentences and in­ in writing, in duplicate, to the Com­ literary, or educational purposes, or serting in lieu thereof the following two missioner of Internal Revenue, Atten­ for the prevention .of cruelty to chil­ new subparagraphs: tion: T:P, Washington 25, D.C., within dren or animals. (2) If, prior to September 3, 1958, a the period of 30 days from the date of Sec. 501. Exemption from, tax on corpora­ publication of this notice in the F ederal tions, certain trusts, etc. *' * * holder transferred all his substantial R egister. Any person submitting writ­ (c) List of exempt organisations. The fol­ rights to a patent to a corporation in ten comments or suggestions who desires lowing organizations are referred to in sub­ which he owned more than 50 percent in an opportunity to comment orally at a section (a): value of the outstanding stock, he is con­ public hearing on these proposed regu­ ***** sidered as having transferred such rights lations should submit his request, in (3) Corporations, and any community to a related person for the purpose of writing, to the Commissioner within the chest, fund, or foundation, organized and section 1235. On the other hand, if a 30-day period. In such a case, a public operated exclusively for religious, charitable, holder, prior to September 3,1958, trans­ scientific, testing for public safety, literary, hearing will be held, and notice of the or educational purposes, *or for the preven­ ferred all his substantial rights to a time, place, and date will be published patent to a corporation in which he tion of cruelty to children or animals, no in a subsequent issue of the F ederal part of the.net earnings of which inures owned 50 percent or less in value of the R egister. The proposed regulations are to the benefit of any private shareholder or outstanding stock and his brother owned to be issued under the authority con­ individual, no substantial part of the activ­ the remaining stock, he is not considered tained in section 7805 of the Internal ities.of which is carrying on propaganda, or as having transferred such rights to a Revenue Code of 1954 (68A Stat. 917; otherwise attempting, to influence legisla­ related person since the brother relation­ 26 U.S.C. 7805). tion, and which does not participate in, or ship is to be disregarded for purposes of intervene in (including the publishing or section 1235. [ seal] D ana Latham, distributing of statements), any political Commissioner of Internal Revenue. campaign on behalf of any candidate for (3) If, subsequent to September 2, public office. 1958, a holder transfers ah his substan­ The Income Tax Regulations (26 CFR tial rights to a patent to a corporation (1954) Part 1) and the Regulations on § 1.501(c) (3)—1 Organizations organ­ in which he owns 25 percent or more in Procedure and Administration (26 CFR ized and operated for religious, value of the outstanding stock, he is (1954) Part 301) are hereby amended charitable, scientific, testing for pub­ considered as transferring such rights to prescribe regulations under section lic safety, literary, or educational to a related person for the purpose of 501(c) (3) and (4) of the Internal purposes, or for the prevention of section 1235. On the other hand if a Revenue Code of 1954 and to make cer­ cruelty to children or animals. holder, subsequent to September 2> 1958, tain conforming amendments. Except (a) Organizational and operational transfers all his substantial rights to a as otherwise specifically provided there­ tests. (1) In order to be exempt as an patent to a corporation in which he in, sUc,h amendments are effective for. organization described in section 501(c) owns less than 25 percent in value of taxable years beginning after December (3), an organization must be both the outstanding stock and his brother 31, 1953, and ending after August 16, organized and operated exclusively for owns the remaining stock, he is not 1954. one or more of the purposes specified in considered as transferring such rights to such section. If an organization fails to a related person since the brother rela­ § 1.501(a)—! [Amendment] meet either the organizational test or tionship is to be disregarded for purposes P aragraph 1. Section 1.501 (a)-1 is the operational test, it is not exempt. of section 1235. amended as follows: (2) The term “exempt purpose or . (2), and (3)”. power to revoke rulings because of a (b) Organizational test—(1) In gen­ ' IF-R. Doc. 59-1662; Piled, Peb. 25, 1959; change in the law or regulations or for eral. (i) An organization is organized 8:51 a.m.] other good cause, an organization that exclusively for one or more exempt pur­ has been determined by the Commis­ poses only if its articles of organization sioner or the district director to bo (referred to in this section as its exempt under section 501(a) or the cor­ “articles”) as defined in subparagraph I 26 CFR (1954) Parts 1, 301 3 responding provision of prior law rriay (2) of this paragraph: INCOME TAX; TAXABLE YEARS BE­ rely upon such determination so long as (a) Limit the purposes of such organi­ there are “no changes in the organiza­ zation to one or more exempt purposes; GINNING AFTER DECEMBER 31, tion’s character, purposes, or methods of and i953; PROCEDURE AND ADMINIS­ operation. An organization which has (b) Do not expressly empower the TRATION been determined to be exempt under the organization to engage, otherwise than provisions of the Internal Revenue^Code as an insubstantial part of its activities, Notice of Proposed Rule Making of 1939 or prior law is not required to in activities which in themselves are not Pursuant to the Administrative Pro­ secure a new determination of exemp­ in furtherance of one or more exempt cedure Act, approved June 11, 1946, tion merely because of the enactment of purposes. 1422 PROPOSED RULE MAKING

(ii) In meeting the organizational test, (3) Authorization of legislative or po- subdivisions (ii), (iii), or (iv) of this the organization’s purposes, as stated in litical activities. An organization is not subparagraph. its articles, may be as broad as, or more organized exclusively for one or more ex­ (ii) An organization is an “action” ' specific than,'the purposes stated in sec­ empt purposes if its articles expressly organization if a substantial part of its tion 501(c) (3). Therefore, an organiza­ empower it: activities is attempting to influence legis­ tion which, by the terms of its articles, (1) To devote more than an insubstan­ lation by propaganda or otherwise. For is formed “for literary and scientific tial part of its activities to attempting to this purpose, an organization will be re­ purposes within, the meaning of section influence legislation by propaganda or garded as attempting to influence legisla­ 501(c) (3) of the Internal Revenue Code otherwise; or tion if the organization: of 1954” shall, if it otherwise meets the (ii) Directly or indirectly to partici­ (a) Contacts, or urges the public to requirements in this paragraph, be con­ pate in, or intervene in (including the contact, members of a legislative body sidered to have met the organizational publishing or distributing of state­ for the purpose of proposing, supporting, test. Similarly, articles stating that the ments), any political campaign on be­ or opposing legislation; or organization is created solely “to receive half of or in opposition to any candidate (5) Advocates the adoption or rejec­ contributions and pay them over to for public office; or tion of legislation. organizations which are described in sec­ (iii) To have objectives and to engage tion 501 (c) (3) and exempt from taxation- in activities which characterize it as an The term “legislation”, as used in this under section 501(a)” are sufficient for “action” organization as defined in subdivision, includes action by the Con­ purposes of the organizational test. paragraph (c) (3) of this section. gress, by any State legislature, by any Moreover, it is sufficient if the articles local council or similar governing body, • set forth the purpose of the organization The terms used in subdivisions (i>, (ii), or by the public in a referendum, initia­ to be thp operation of a school for adult and (iii) of this subparagraph shall have tive, constitutional amendment, or sim­ education and describe in detail the the meanings provided in paragraph ilar procedure. An organization will not manner of the operation of such school. (c) (3) of this section. fail to meet the operational test merely • In addition, if the articles state that the (4) Distribution of assets on dissolu­ because it advocates, as an insubstantial organization 4s formed f Prior determinations. If .pursuant ment to an acceptance of its views does subjects useful to the individual and to § 1.501 (a)-1 or the corresponding pro­ not preclude such organization from beneficial to the community, vision of prior regulations, an organiza­ tion has been determined by the Com­ qualifying under section 501(c) (3). If, An organization may be educational even missioner or district director^ to be however, such an organization is also hough it advocates a particular position exempt as an organization described in an “action” organization of any one of or viewpoint so long as it presents a section 501(c) (3) or in a corresponding the types described in paragraph (c) (3) ufficiently full and fair exposition of provision of prior law and such deter­ of § 1.501(c) (3)-1, it will not qualify he pertinent facts as to permit an indi­ mination has not been revoked prior to under section 501(c) (3). It may, how- 1424 PROPOSED RULE MAKING ever, qualify under section 501 (c) (4) if it provisions of the Agricultural Marketing be considered by the Board before taking is an “action” organization described in Agreement Act of 1937, as amended (48 final action on the proposed rule. Copies paragraph (c) (3) (ii) or (iv) of §1.501 Stat. 31, as amended; 7 U.S.C. 601 et of such communications will he. available (c)(3)-l, and if it otherwise qualifies seq.), notice was given in the F ederal on or after April 1, 1959, for examination under this section. R egister on December 20, 1958 (23 F.R. by interested persons in the Docket Sec­ (iii) Political or social activities. The9841), that a referendum would be con­ tion of the Board, Room 711, Universal promotion of social welfare does not in­ ducted among the growers who, during Building, 1825 Connecticut Avenue NW., clude direct or indirect participation or the marketing season beginning on Washington, D.C. intervention in political campaigns on March 1, 1958 (which period was deter­ behalf of or in opposition to any candi­ mined to be a representative period for By the Civil Aeronautics Board. date for public office. Nor is an organi­ the purpose of such referendum), had [seal] Mabel McCart, zation operated primarily for the promo­ been engaged-in the State of California, Acting Secretary. tion of social welfare if its primary in the production of fruit covered by said activity is operating a social club for the amended marketing agreement and Explanatory S tatement benefit, pleasure, or recreation of its order (as the term “Fruit” is therein Experience indicates that the Board members, or is carrying on a business defined) for shipment in fresh form to has not been receiving adequate informa­ with the general public in a manner sim­ determine whether the producers of a tion concerning the revenues and ex­ ilar to organizations which are operated particular fruit favor the termination of penses and thé number and tonnage of for profit. See, however, section 501(c) the amended marketing agreement and shipments handled by air freight for­ (6) and § 1.501(c) (6) —1, relating to order as to such fruit. warders and international air freight business leagues and similar organiza­ Upon the basis of the results of the forwarders. Consequently, the Board tions. aforesaid referendum, which was con­ proposes to amend Part 244, as revised (b) Local associations of employees. ducted during the period January 19 to effective March 27,1959, by requiring the Local associations of employees described 31,1959, both dates inclusive, it is hereby submission of additional data on forms in section 501 (c) (4) are expressly en­ found and determined that the termina­ to be fully prescribed in detail rather titled to exemption under section 501 (a). tion of the said marketing agreement than designated by general rule as at As conditions to exemption, it is required and order, with respect to any of the present. (1) that the membership of such an asso­ fruits covered thereby, is not.favored by With respect to the reporting of reve­ ciation be limited to the employees of a the requisite majority of such growers. nues and expenses, the “Statement of designated person or persons in a par­ Dated: February 20, 1959. Profit and Loss” required under the pres­ ticular municipality, and (2) that the ent regulation would be amended so as net earnings of the association be de­ [seal] Clarence L. Miller, specifically to include a separate itemiza­ voted exclusively to charitable, educa­ Assistant Secretary. tion for forWarder and nôn-forwarder tional, or recreational purposes. The [F.R. Doc, 59-1677; Filed, Feb. 25, 1959; activities and a breakdown between air word “local” is defined in paragraph (b) 8:54 a.m.] transportation and accessorial services. of § 1.501(c) (12)-1. See paragraph (d) Shipment statistics are presently re­ (2) and (3) of § 1.501(c) (3) —1 with ref­ ported on two schedules entitled respec­ erence to the meaning of “charitable” tively “Operating Statistics” and “Sta­ and “educational” as’used in this section. CIVIL AERONAUTICS BOARD tion Data.” The former would be amended under this proposal to call for R egulations on P rocedure and I 14 CFR Part 244 1 the number and weight of shipments Administration . [Economic Regs.; Draft Release No. 107] with a detailed breakdown as to joint § 301.6104—1 [Amendment} loading and charter operations. Fur­ FILING OF REPORTS BY AIR FREIGHT thermore, this proposed form would also P ar 3. Paragraph (b) (1) (ii) of FORWARDERS, INTERNATIONAL AIR require a separation of statistics as be­ § 301.6104-1 is amended by adding the tween forwarder and agency activities following new subdivision at the end FREIGHT FORWARDERS AND CO­ of the -reporting carrier. The latter thereof: OPERATIVE SHIPPERS ASSOCIA­ schedule, entitled “Station Data,” would (/) With respect to an organization TIONS be amended to specifically require the which is described in section 501(c) (3) reporting by individual stations of the and which files its application for exemp­ Notice of Proposed Rule Making number and tonnage of consignments to tion a f te r ------1959, the appli­ F ebruary 19, 1959. direct air carriers in common carriage cation for exemption shall, in addition Notice is hereby given that the. Civil and the number of shipments received to the statements and documents re­ Aeronautics Board has under considera­ from shippers which, are included in such quired to be submitted by the form, in­ tion a proposed amendment of Part 244 consignments. In addition, a new sched­ clude a detailed statement of the pro­ of the Economic Regulations (14 CFR ule would be provided entitled “Origin- posed activities of such organization. Part 244). The proposed amendment Destination Sample of Forwarder Ship­ [PH. Doc. 59-1676; Filed, Feb. 25, 1959; would require air freight forwarders and ments” which would require à sample 8:54 am.] international air freight forwarders to reporting of origin and destination of submit various financial and operating those consignments to direct air carriers statistics on forms to be fully prescribed reflected in, the schedule for “Station by the Board. Data.” DEPARTMENT OF AGRICULTURE The principal features of the amend­ P roposed R ule Agricultural Marketing Service ment are explained in the attached It is proposed to amend Part 244 of Explanatory Statement. the Economic Regulations (14 CFR Part E 7 CFR Part 936 1 The proposed amendment of Part 244 244), as revised effective March 27, 1959, is set forth in the attached Proposed by (1) deleting § 244.2 and substituting FRESH BARTLETT PEARS, PLUMS, AND Rule. This regulation is proposed under the provision set forth below and (2) ELBERTA PEACHES GROWN' IN authority of sections 204(a) and 407 of amending the Report of Financial and CALIFORNIA the Federal Aviation Act of 1958, as Operating Statistics for Air Freight For­ amended (72 Stat. 743, 766; 49 U.S.C. warders and International Air Freight Findings and Determinations With 1324, 1377). Forwarders (CAB Form 244) by includ­ Respect to Continuation in Effect of Interested persons may participate in ing detailed forms for four schedules Amended Marketing Agreement the proposed rule making through sub­ entitled “Statement of Profit and Loss” and Order mission of written data, views or argu­ ments pertaining thereto in quadrupli­ (Schedule P ), “Operating Statistics” Pursuant to the applicable provisions cate, addressed to the Secretary, Civil (Schedule T - l ) ,‘“Station Data” (Sched­ of Marketing Agreement No. 85, as Aeronautics Board, Washington 25, D.C. ule T—2), and “Origin-Destination Sam­ amended, and Order No. 36, as amended All relevant matter in communications ple of Forwarder Shipments” (Schedule (7 CFR Part 936), and the applicable received on or before March 27, 1959. will T-3), all as hereinafter set forth: Thursday, February 26, 1959 FEDERAL REGISTER 1425 § 244.2 Financial and operating reports ments to the television Table of Assign­ commercial and noncommercial, on their by air freight forwarders and inter­ ments for Panama City, Florida. In comparative merits. national air freight forwarders. support of its petition, the Florida Edu­ 4. The Commission is of the view that All persons holding authority as an cational Television Commission contends, rule making proceedings should be in­ air freight forwarder or international air in an unanimously adopted Resolution, stituted on petitioners’ proposal (and freight forwarder shall periodically pre­ that the Commission recognized the need that part of JCET’s petition which con­ pare and file certain financial and oper­ of the Panama City area for a non-com­ cerns itself with Channel 13 in Panama ating reports, as hereinafter specified, mercial, educational television channel City, Florida) in order that interested whether or not such persons are actively by reserving Channel 30 in that area for parties may submit their views and rele­ engaged in air freight forwarding opera­ such purpose; that in its Report and vant data. Authority for the adoption tions. Each freight forwarder shall pre­ Order of February 26, 1958 (Docket No. of the proposed amendment is contained pare CAB Form 2441 entitled “Financial 12251), the Commission assigned Chan­ in sections 4(i), 301, 303 (c), (d), (f), and Operating Report for Air Freight nel 13 to Panama City in response^ to a and (r) and 307(b) of the Communica­ Forwarders and International Air petition by WKRG-TV, Inc., licensee of tions Act of 1934, as amended. Freight Forwarders,” in accordance with Television Station WKRG-TV in Mobile, 5. Any interested party who is of the the requirements of this part and the Alabama, which had stated in its petition opinion that the proposed amendment instructions set forth in such form. that there were virtually no UHF re­ should not be adopted, or should not be Schedule B Balance Sheet shall be pre­ ceivers in the Panama City area and that adopted in -the form set forth herein, pared as of June 30 and December 31 it was unlikely that any UHF station may file with the Commission on or be­ of each year. Schedule P Statement of would be constructed there in the near fore March 25,1959, a written statement Profit and Loss, T -l Operating Statistics, future; that no application for a con­ or brief setting forth his comments. T-2 Station Data, and T-3 Origin-Desti­ struction permit for the utilization of Comments in support of the proposed nation Sample of Forwarder Shipments, Channel 13 had been filed since the amendment may also be filed on or be­ shall be prepared for each semi-annual above-described Report and Order; that fore the same date. Comments or briefs period ending successively on June 30 Panama City is the site of Gulf Coast in reply to the original comments may be and December 31 in each year. Sched­ Community Junior College, one of the filed within 10 days from the last day for ules G-l General Officers and Directors; public tax-supported institutions which filing said original comments. No addi­ List of Stockholders, and G-2 Corporate the Florida Educational Television Com­ tional comments may be filed unless (1) and Securities Data; Investments in mission is directed by Florida law to in­ specifically requested by the Commis­ Other Companies, shall be prepared for terconnect in a state-wide educational sion or (2) good cause for the filing of each year ending December 31. Every television network for the instruction of such additional comments is established. schedule above mentioned shall be filed students at existing and future colleges 6. In accordance with the provisions so as to be received by the Board within and universities; that there is increasing of § 1.54 of the Commission’s rules and 45 days after its applicable terminal date. public interest in the area in the possi­ regulations, an original and 14 copies bility of organizing a non-profit com­ [F.R. Doc. 59-1664; Piled, Peb. 25, 1959; munity corporation for the purpose of of all statements, briefs or comments 8:52 am .] applying for a construction permit to shall be furnished the Commission. operate an educational station; and that Adopted: February 18, 1959. a VKF channel would provide better and Released: February 20, 1959. FEDERAL COMMUNICATIONS broader service to this entire area. 3. An opposition to this petition was F ederal Communications COMMISSION filed on August 4, 1958, by WKRG-TV, Commission, Inc., licensee of television Station [seal] Mary J ane M orris, t 47 CFR Part 3 1 WKRG-TV in Mobile, Alabama, and Secretary. [Docket No. 12778; PCC 59-134] prospective applicant for Channel 13, [|>Ut. Doc. 59-1669; Piled, Peb. 25, 1959; Panama City, Florida, alleging that the 8:53 a.m.] television b r o a d c a s t sta t io n s Florida Educational Television Commis­ sion had full opportunity to request the Panama City, Fla. reservation of Channel 13 for noncom­ 1. Notice is hereby given of proposed mercial educational use in the rule mak­ I 47 CFR Part 3 I hue making in the above-entitled matter. ing proceeding in Docket No. 12251, above 2. The Commission has before it for referred to, and that it would bo burden­ [Docket No. 12779; PCC 59-135] iQ^^era^i°n a Petition filed on July 3, some to reopen the Channel 13 alloca­ TELEVISION BROADCAST STATIONS *»58, by the Florida Educational Tele- tion proceediiig such a short time after nsion Commission, requesting an amend­ its determination; that WKRG-TV, Inc., Wilmington, Del., and Atlantic City, ment of § 3.606 of the Table of Assign­ is preparing and will shortly file an appli­ N.J. ments, Television Broadcast Stations, so cation for Channel 13, but has been de­ 1. Notice is hereby given of proposed g to reserve Channel 13, Panama City, layed due to difficulties in finding an rule making in the above-entitled mat­ non-commercial educational acceptable transmitter site which meets ter. e. and to change the classification of television coverage and airspace require­ 2. The Commission has before it for h Panama City from educa­ ments; that in view of the, fact that tional to commercial, as follows: consideration the following related Channel 11 is assigned to Tallahassee, pleadings relative to the institution of Florida (some 80 miles from Panama rule making to amend § 3.6Ò6, Table of City), for noncommercial educational City Channel No. Assignments, Television Broadcast Sta­ use, the public interest in the Talla- tions: (a) Petition filed on September ______Present Proposed hassee-Panama City area (Channels 7 12, 1958, by the Joint Council on Edu­ and 13, Panama City and * 11 Talla­ cational Television (JCET) requesting Panama City, Fla._ 7+, 13, *30,36+ 7+, *13,30,36+ hassee) would be better served by having the reservation of Channel 12 at Wil­ two VHF channels assigned for commer­ mington, Delaware, for noncommercial ^ul*unission also has before it for cial use and one for non-commercial educational use, together with comments educational use, as now provided, than in support thereof;1 (b) Petition filed on rulp ^era.tlon that part of a petition foi by two for noncommercial use and one bv t>fakIn? tiled on November 3, 1958, for commercial use, as petitioner pra+ TeimriV Joint Council on Educational 1 A request for an extension of time in poses. WKRG-TV, Inc., further suggests which to file comments, filed by Metropoli­ tionpi^1.?IV JCET) • which supports peti- that the preferable procedure to be fol­ tan PhUadelphia Educational Radio & Tele­ _____an(i requests thé same amend- lowed would be to permit the petitioner vision Corporation, licensee of Station to file an application requesting per­ WHYY-TV on Channel 35 in Philadelphia, or whip! of original document, copies was granted by the Commission (Mimeo. No. tions RPrt+^nay obtained from the Publica- mission to use Channel 13 for educational 64791, released October 17, 1958). Comments togton25 i>CCiVil Aeronautics Board, Wash- purposes, thereby permitting considera­ in support of JCET’s petition have been file& tion of all applicants’ proposals, both by the Franklin Institute Squadron 1061, 1426 PROPOSED RULE MAKING

January 6, 1959, by Neptune Broadcast­ to Rollins’ February 6 opposition filed by 3, 6 and 10) giving complete network ing Corporation, permittee of UHF Sta­ Neptune on February 13,1959. coverage (ABC, CBS, NBC), and a por­ tion WHTO-TV (formerly WFPG-TV), 3. The JCET, a representative body tion of the area is served by Channel Atlantic City, New Jersey, requesting composed of ten national educational 8 in Lancaster, Pennsylvania and some deletion of Channel 12 from Wilmington organizations representing all segments portions of New Jersey and Pennsylvania and its reassignment to Atlantic City, of American education, contends that can receive commercial VHF stations supplemented by a further pleading filed Channel 12 in Wilmington should be broadcasting from New York City. In on February 4, 1959, requesting in the reserved for noncommercial educational this connection, it is claimed that, in an alternative the assignment of Channel use. The arguments on which this con­ area where per capita ownership of 12 to Atlantic City-Wilmington; (c) op­ tention is based, set forth in the JCET VHF receivers is among the highest in positions to each of the above described petition and in the supporting com­ the country, a single UHF educational petitions for rule making, filed on Sep­ ments, are that there are no VHF chan­ station will never reach a fraction of tember 29, 1958, January 20, 1959 and nels reserved for noncommercial educa­ the potential listeners, despite the inter­ February 6,1959, respectively, by Rollins tional Aise in that part of the United est of many in education and cultural Broadcasting, Inc., an applicant for States between Boston, Massachusetts, matters; that although time has been Channel 12 at Wilmington;2 and a reply Pittsburgh, Pennsylvania and Chapel made available for educational programs Hill, North Carolina; that therefore in through the generosity of the commer­ Civil Air Patrol; the Board of Public Educa­ the large and heavily populated area, cial VHF stations, the economics of tion School District of Philadelphia; the including the New York-Northern New commercial broadcasting inherently Philadelphia Home and School Council; the Jersey metropolitan area, Philadelphia, limit the possibilities for educational University of Pennsylvania; Glassboro State Trenton, Camden, Wilmington, Balti­ programming, and through the years the College of Glassboro, New Jersey; Philadel­ more and Washington, there is only one pressures of network programming have phia Chapter No. 15 of the American Society educational television station in opera­ of Tool Engineers; the Museum Council of gradually reduced the time made avail­ Philadelphia; the Philadelphia Branch of the tion, WHYY-TV at Philadelphia, oper­ able so that WFIL-TV (Channel 6) is American Association of University Women; ated by the Metropolitan Educational the only Philadelphia station which has the Historical Society of Pennsylvania; the Radio and Television Corporation on continued its donation of 14 minutes per Moore Institute of Art, Science and Industry; UHF Channel 35; that any other educa­ week day for in-school use. It is also the Committee on Education, of the Phila­ tional station attempting to operate on noted that the 20-county area served by delphia Yearly Meeting of Friends; Pennsyl­ a UHF channel would also face enor­ Channel 12 in Wilmington includes three vania Military College; Friends’ Select School mous difficulties in operating in an area states with an estimated population in of Philadelphia; the Philadelphia Association so heavily saturated with VHF-only excess of 6 million, a total school en­ for Health, Physical Education and Recrea­ tion; the Business and Professional Woman’s service afid receivers; and that because rollment of approximately 1 million, and Club of Philadelphia; and the -.Educational of the limited geographic coverage on 67 institutions of higher learning legally Television Council (a non-profit, citizen UHF Channel 35 and the lack of UHF authorized to grant degrees, and that sponsored organization whose membership receivers in the Philadelphia-Camden- current statistics envisage a total pop­ consists of some 500 individuals and organ­ Wilmington metropolitan area, Station ulation in excess of 8 million by 1980; izations in the Greater Philadelphia-South WHYY-TV cannot render the sort of that even if present plans for increasing Jersey-Wilmington area) which includes regional public service which would be educational facilities materialize there some 185 statements by various educational, possible with a VHF educational station will, by 1975, be an acute shortage of cultural and civic agencies and institutions in the 20 county area served by Channel 12. on Channel 12 which would serve the places at all academic levels, and an In addition, letters supporting the JCET general public and the school systems in acute shortage of teachers; that unless proposal have been received from Congress­ Wilmington, Philadelphia, Trenton, the quality of higher education is to be man Harris B. McDowell, Jr.; the Delaware Camden, and the entire southern rural seriously impaired, it would seem im­ Valley Council; the Philadelphia Museum of area of New Jersey. In this connection, perative that ways be found to make Art; the Superintendent of the Coatesville, it is noted that although the Philadel­ existing teachers available to more stu­ Pennsylvania, Public Schools; the Wilming­ phia Home and School Council, repre­ dents; and that past experience in such ton Area Girl Scout Council; the Newark cities as Chicago, for example, indicates Delaware Branch of the AAUW; Harcum senting 224 local parent-teacher as­ Junior College; the Board of Education of sociations, totaling 200,000 members, that educational television can make a Cecil County, Maryland; Delaware Educa­ supported educational Station WHYY- valuable contribution towards solving tional Television Association, Inc.; the TV on Channel 35 to the extent of pur­ this problem, in making some of the Greater Philadelphia Council of Churches; chasing radios and TV (UHF) receivers finest teachers available to more class­ the Philadelphia Tuberculosis and Health for the schools (a $250,000 investment rooms, not only for the edification of Association; the Principal of the School Dis­ to date) and although the Philadelphia students but also as in-service training trict of Bensalem Township, Pennsylvania; for less experienced teachers. It is fur­ the Principal of the School District of Rock- Board of Education contributed in 1958 ledge, Pennsylvania; the Hatfield Joint Con­ $130,000 towards the operating expenses ther urged that at least as important solidated Schools; the Lutheran Theological of the station and the City of Philadel­ as meeting the crisis in education will Seminary of Philadelphia; the Free Library phia contributed $100,000, efforts to se­ be television’s role as a medium which of Philadelphia; the Alumni Association of cure contributions from many organiza­ can reach every home with program­ Temple University; the Sewell, New Jersey, tions met with failure only because the ming that will instruct and enlighten School Association; the Principal of the Pub­ station must operate in the UHF band. the general public, on which depends, in lic Schools of Delanco, New Jersey; the Prin­ 4. It is further contended that the the last analysis, the ability of the coun­ cipal of the Perkiomen Joint School System; the Philadelphia Museum Schooi of Art; the only portions of the 20-county area try to protect and expand our demo­ Print Club of Philadelphia; the Palmyra, served by Station WHYY-TV, in which cratic system. New Jersey, Public Schools; the Philadelphia there is any significant conversion of 5. Neptune Broadcasting Corporation, Section of the American Chemical Society; home receivers are those of Allentown permittee of UHF Station WHTO-TV at ' the YWCA of Philadelphia; Swarthmore Col­ and Lebanon, Pennsylvania, and the At­ Atlantic City, New Jersey (operation sus­ lege; the Crime Prevention Association of lantic City area of New Jersey, which pended in May 1954 after IV2 years of Philadelphia; LaSalle College; the Gloucester are beyond the effective range of Sta-/ service), contends that Channel 12 in 1 County Branch of the AAUW; Abington Friends School; the Archdiocesan Superin­ tion WHYY-TV in Philadelphia; that Wilmington should be shifted to Atlantic tendent of Schools for the Archdiocese of for much of Delaware and the more re­ City because, despite alert and expe­ Philadelphia; the Woodbury, New Jersey, mote counties of Pennsylvania and New rienced management, great sums of in­ Symphony Orchestra Association; the New Jersey a VHF channel is the only access vestment, and unfailing devotion, it was Jersey State Division of the AAUW; the to the cultural and educational resources not possible to establish a successful Pennsylvania Academy of Fine Arts; the of a metropolitan center like Philadel­ station in the UHF band at Atlantic City, PTA of J. Mason Tomlin School, Mantua, phia, whereas the entire area is already New Jersey; the New Jersey Association for due to the proximity of multiple high Retarded Children, Gloucester County Unit; adequately served by three commercial powered VHF stations in New York ana the Philadelphia Chapter of the Society for VHF stations in Philadelphia (Channels Philadelphia. It further is argued that Advancement of Management; and the Val­ considering the size and importance 01 ley Forge Branch of the AAUW. filed by Richard Goodman, Mason A. Loundy, New Jersey, which ranks 8th in popula“ ^ 3 On February 10, 1959, another applica­ Egmont Sonderling, and George T. Hernreich, tion among all the States, it is inequitable tion for Channel 12 in Wilmington was a'partnership. that there is no television station operat- Thursday, February 26, 1959 FEDERAL REGISTER 1427 ing in the State, since television Station assignment, whereas New Jersey in fact [ 47 CFR Part 12 ] WNAT-TV, technically authorized for has one VHF assignment (WNTA-TV on Newark, New Jersey, operates from the Channel 13), assigned to Newark, even if {Docket No. 12780; FCC 59-139] Empire State Building in New York City. it operates from the Empire State Build­ RADIOTELEPHONY BETWEEN It is also maintained that the Commis­ ing in New York City, and further, that CERTAIN FREQUENCIES sion’s reason for its original assignment the assignment of Channel 12 to Wil­ of Channel 12 to Wilmington (to provide mington does not contravene the mini­ Notice of Proposed Rule Making a substitute'" channel for WDEL-TV, mum separation requirements, since a In the matter of amendment of which prior to the television freeze had transmitter Site is available for a Wil­ § 12.111(d) of Part 12 of the Commis­ been operating on VHP Channel 7 at mington Channel 12 assignment which sion’s rules to permit radiotelephony be­ Wilmington) despite the fact that this will meet those requirements. tween the frequencies 14,200 kc and assignment involved substandard separa­ 8. Neptune’s reply to Rollins’ oppo­ 14,350 kc. tions, no longer exists, and the Commis­ sition included a supplement to its peti­ 1. Notice is hereby given of proposed sion can now, by providing a first VHP tion for rule making. It requests that rule making in the above-entitled matter. channel and a first TV station to Atlantic the Commission also consider an alterna­ City and to New Jersey, correct a glaring tive-proposal, e.g. the assignment of 2. The Commission has before it for violation of its own mileage separation Channel 12 to Wilmington, Deleware- consideration an amended petition filed requirements. Petitioner also states that Atlantic City, New Jersey. In support of by The American Radio Relay League, it has maintained its original transmitter this proposal petitioner states that in Inc., 38 La Salle Road, West Hartford, building, tower and other physical facil­ cases where a decision could not be Connecticut, requesting amendment of ities at Atlantic City which it would reached in a rule making proceeding, the § 12.111(d) to allow radiotelephony op­ convert to operation on VHP Channel 12 Commission has hyphenated the cities erations (A3 emission) on the frequen­ immediately upon Commission authori­ involved and has deferred decision to an- cies between 14,200 kc and 14,350 kc, zation therefor. adjudicatory proceeding. In its oppq- rather than on the frequencies 14,200 6. In its oppositions, Rollins Broad­sition to this alternative proposal, Rol­ and 14,300 kc as presently allowed. In casting, Inc., applicant for Channel 12 lins maintains that its only effect would an earlier petition, The League asked at Wilmington, submits that the g ran t­ be to treat the matter as one of adjudica­ that such operations be restricted to ing of either of the proposals set out in tion rather than as rule making; that the holders of an Advanced or Extra Class the two requests for rule making would instant situation is not typical of the license. However, the amended request deprive Wilmington and the State of “unusual” cases in which the Commis­ does not contain this limitation. In Delaware of the only VHP channel as­ sion has resorted to hyphenated assign­ other words, the effect of this requested signed to that city and to the State; that ments; and that Neptune’s request that amendment would be to widen the per­ due to the proximity of Philadelphia and the Commission consider its alternative missible limits for A3 emission by 50 kc. its three VHP stations, no UHF assign­ proposal should be denied. 3. The League points out that in 1954 ment in Delaware is likely to be acti­ 9. The Commission is of the view that the Commission, when faced with an vated; that without Channel 12 Wil­ rule making proceedings should be insti­ identical request to permit radioteleph­ mington will have no local TV service tuted on both the petition and supple­ ony between the frequencies 14,200 kc (even though admittedly the previous mental petition of Neptune Broadcasting to 14,350 kc, dismissed the proposed licensee placed considerable emphasis on Corporation and on the JCET petition in amendment. At that time, the Com­ service to Philadelphia); that Rollins, order that all interested parties may sub­ mission in Docket number 10927, In the owning two radio stations in Delaware, mit their views and relevant data. We Matter of Petitions of the American is especially qualified to serve the needs are, therefore, rejecting the requests for Radio Relay League for Amendment of and interests of the people in Wilming­ denial contained in the oppositions filed Part 12, Rules Governing Amateur Radio ton and throughout Delaware; that by Rollins Broadcasting, Inc. Service stated: “In view of the fact that JCET’s proposal would do little more 10. Authority for the adoption of the the effect of the. availability of the 21 than duplicate educational services now amendments proposed by petitioners is Me amateur frequency band upon con­ being rendered by WHYY-TV in Phila­ contained in section 4(i), 301, 303 (c), gestion in the 14 and 28 Me bands can­ delphia; that reserving Channel 12 as an (d), (f) and (r) and 307(b) of the Com­ not be assessed until sometime in the educational channel would be. contrary munications Act of 1934, as amended. future when propagation conditions are to the Commission’s policy of promoting 11. Any interested party who is of the such as to encourage increased activity commercial competition among stations, opinion that a proposed amendment in the 21 and 28 Me bands, the Commis­ since no Delaware station could com­ should not be adopted, or should not be sion believes it to be in the best interest pete if it had to operate in the UHP and adopted in any form set forth herein, of the Amateur Radio Service to defer there are no other VHP assignments in may file with the Commission on or be­ further consideration of expansion of Delaware; that establishing an educa­ fore March 25, .1959, a written statement the 14 and 28 Me sub-bands for tional reservation forecloses a determi­ or brief setting forth his comments. telephony.” nation on the merits of two 'applications Comments in support of any proposed 4. In support of its petition, the as between educational and commercial amendment may also be filed on or be­ League states that although optimum service; and that no justification exists fore the same «date. Comments or briefs conditions operation in the 21 Me teleph­ for departing from earlier Commission in reply to the original comments may be ony sub-band have not been reached, decisions (In re Weston, West Virginia) filed within 10 days from the last day for “there are openings almost daily for that an educational reservation will nol filing said original comments. No ad­ long-distance communications at the 21 established except where there art ditional comments may be filed unless Me frequency. During these regular at least three VHP channels available (1) specifically requested by the Com­ occurrences, the 21 Me telephony sub­ tor assignment. mission or (2) good cause for the filing band is also extremely crowded. But p respect to Neptune’s petition of such additional comments is estab­ not the slightest decrease in congestion Koihns points out that Channel 12 has lished. of the 14 Me radiotelephony sub-band Deen maintained in Wilmington because 12. In accordance with the provisions has been noticed. With even better “tol Commission has found it to be a of § 1.54 of the Commission’s rules and propagation conditions yet to come, it 7^1 ^signrnent; that Wilmington is the regulations, an original and 14 copies of is already obvious that use of the 21 Me oa ranking metropolitan area in the all statements, briefs or comments shall band is no answer to crowding in the -Sited States; that comparatively, Wil- be furnished the Commission. 14 Me band.” 5. The petitioner further states that mgton has a greater need for the Adopted: February 18, 1959. annel than does Atlantic City, witt since 1954 when the 21 Me band became Released: February 20, 1959. available, the number of amateur li­ pproximately half of Wilmington’s censees has increased by approximately opuhtion and half of the urban area; F ederal Communications one-third. Since all indications point at Channel 12 is Delaware’s only VHE Commission, to a continuation of this rate of growth, [seal] Mary Jane M orris, the problem of crowding will become According to 1950 U.S. Census Wilming- Secretary. more serious. In addition to the contem­ tan'o»6 ay are is the 70th ranking metropoli­ [F.R. Doc. 58.-1670; Filed, Feb. 25, 1959; plated larger number of licensees, the an area in the United States. 8:53 a.m.] League avers that “the trend to voice 1428 PROPOSED RULE MAKING

operation in recent years has resulted in ments may be filed within ten days from dispose of byproduct, source, and special nu­ a condition of overcrowding to an ex­ the last date for filing original com­ clear materia.1. treme unusual even in amateur experi­ ments. No additional comments may be This license shall be deemed to contain the ence.” It would appear that, this mode conditions specified in section 183 of the filed unless (1) specifically requested by Atomic Energy Act of 1954, as amended, and of operation will correspondingly in­ the Commission, or (2) good cause for is subject to the provisions of 10 CFR Part crease in the future thus creating a need the filing-thereof is established. The 20, “Standards for Protection 'Against Radia­ for relief to lessen the ever-growing Commission will consider all such com­ tion”, all other applicable rules, regulations, radiotelephony congestion in the 14 Me ments prior to taking final action in this orders of the Atomic Energy Commission now band. matter, and if comments are submitted or hereafter in effect, and to the following 6. The Commission is persuaded that warranting oral argument, notice of the conditions : the facts stated by petitioner in support time and place of such oral argument i: The licensee shall not possess more than 100 curies of byproduct material at any one of the requested amendment, warrant will be given. time. re-examination of the conclusions ren­ 10. In accordance with the provisions 2. The licensee shall no.t receive possession dered in Docket number 10927. of § 1.54 of the Commission’s rules and of more than 200 pounds of source material 7. In view of the foregoing, the Com­ regulations, an original and 14 copies and 100 grams of special nuclear material mission is on this date issuing a Notice of all statements, briefs, or comments during the term of this license. of Proposed Rule Making 'to amend filed shall be furnished the Commission. 3. Byproduct, source and special nuclear § 12.111(d) in accord with this petition material shall be received, packaged, and dis­ by permitting radiotelephony operation Adopted: February 18, 1959. posed of by, or under the dirept supervision of, L. B. Silverman or George Borg. on the frequencies between 14,200 kc and Released: February 20,1959. 4. The licensee shall receive, package, pos­ 14,350 kc rather than the present 14,200- sess and dispose of the byproduct, source and 14,300 kc limit. F ederal Communications Commission, special nuclear material in accordance with 8. The authority for the amendment .the procedures described in the application, proposed herein is contained in sections [seal] Mary Jane Morris, ' except as provided otherwise in this license. 4(i) and 303(1) of the Communications Secretary, 5. A copy of “Radiological Safety Rules and Act of 1934, as amended. Amend § 12.111(d) to read as follows: Regulations” as described in the licensee’s 9. Any interested person who is of application dated September 5, 1958, shall be the opinion that the proposed amend­ (d) 14,000 to 14,350 kc using type A1 supplied to each employee of the licensee emission, 14,000 to 14,200 kc and 14,300 involved in the receipt, packaging and dis­ ment should not be adopted or should posal of byproduct, source and special nu­ not be adopted in the form set forth to 14,350 kc using type FI emission and clear material. herein, and any person desiring to sup­ on frequencies 14,200 to 14,35(1 kc type 6. The transportation of AEC-licensed ma­ port this proposal, may file with the A3 emission or narrow band frequency terial to and from the location designated in Commission on or before May 1, 1959, or phase modulation for radiotelephony. Condition 7 shall be subject to the applicable a written statement or brief setting forth regulations of the Interstate Commerce Com­ [F.R. Doc. 59-1671; Filed, Feb. 25, 1959; mission, United States Coast Guard and other his comments. Replies to such com- 8:53 a.m.] agencies of the United States having appro­ priate jurisdiction, and where such regula­ tions are not applicable shall be in accord­ ance with the following requirements except as specifically provided by the Atomic Energy Commission : NOTICES A. Outside shipping containers. (1) The. containers shall meet any one of the follow­ ing! specifications described in Appendix A: transportation container specifications a. 15A, 15B, 12B, 6A, 6B, 6C, 17C, 17H, 19A, ATOMIC ENERGY COMMISSION substantially similar to those contained or 19B for the containment of radioactivity [Docket No. 27-13] in Title 49, Code of Federal Regulations, in amounts not in excess of 2.7 curies; except Part 78, referenced to in Condition No. 6 polonium, 2 curies; or COASTWISE MARINE DISPOSAL CO. of the license, both on file at the Com­ b. Specification 55 for containment of solid mission’s Public Document Room, .1717 cobalt 60, cesium 137, iridium 192, or gold Notice of Proposed Issuance of By­ 198 in amounts not in excess of 300 curies. H Street NW., Washington, D.C. A copy (2) There shall be no radioactive con­ product, Source and Special Nuclear of (2) above may be obtained at the tamination on any exterior surface of the Material License to Provide Radio­ Commission’s Public Document Room or container in excess of 500 d/m/100 sq. cm. active Waste Disposal Service by request addressed to the Atomic alpha and 0.1 mrep/hr beta-gamma radiation. Energy Commission, Washington 25, (3) The smallest dimension of the con­ Please take notice that the Atomic D.C., Attention: Director, Division of Li­ tainer shall not be less than 4 inches. Energy Commission proposes to issue a censing and Regulation. (4) The radiation level at any accessible Byproduct, Source and Special Nuclear surface of the container shall not exceed 200 Material License to Coastwise Marine Dated at Germantown, Md., this 19th mrem/hr. day of February 1959. (5) At one meter'from any point on the Disposal Company, 5216 South Van Ness, radioactive source the radiation level shall Los Angeles, California substantially in For the Atomic Energy Commission. not exceed 10 mrem/hr. the following form, authorizing the dis­ (6) Containers which contain radioactive posal of waste byproduct, source and H. L. P rice, ^ material emitting only alpha and/or beta special nuclear material in the Pacific Director, Division of radiation shall contain sufficient shielding Ocean at a minimum depth of 1000 Licensing and Regulation. to prevent the escape of primary corpuscular fathoms unless within fifteen (15) days [Docket No. 27-13] radiation to the exterior surface and to after filing of this notice with the Fed­ reduce the secondary radiation at the sur­ eral Register Division a motion of inter­ [License No. 4-4730-1 (B61) ] face of the container to at least 10 mrem/24 Coastwise Marine Disposal Co. hours at any time during transportation. vention and a request for a formal hear­ B. Inside containers. (1) Solid and gaseous ing is filed with the Commission in the P roposed Byproduct, Source, and Special radioactive materials shall be packed in manner prescribed by Title 10, Code of Nuclear Material License suitable inside containers designed to pre­ Federal Regulations, Chapter 1, Part 2, vent rupture and leakage under conditions “Rules of Practice”. There is also set Pursuant to the Atomic Energy Act of 1954, incidenlfio transportation. as amended, and 10 CFR Part 30, “Licensing (2) Liquid radioactive materials m ust be forth below a memorandum submitted of Byproduct Material”, 10 CFR Part 40, by the Division of Licensing arid Regu­ packed in sealed glass, earthenware, or other “Control of Source Material”, and 10 CFR suitable containers. The container m ust be lation which summarizes the principal Part 70, “Special Nuclear Material”, and in surrounded on all sides by an absorbent factors considered in reviewing the ap­ reliance upon the statements and representa­ tions contained in the application dated material sufficient to absorb the entire liquid plication for a license. contents and be of such nature that its For further details see (1) the appli­ September 5,1958, and the amendment there­ to dated November 23, 1958, both hereinafter efficiency will not be impaired by chemical cation submitted by Coastwise Marine referred to as “the application”, a license is reactions with the contents. Where shield­ Disposal Company and amendments hereby issued to Coastwise Marine Disposal ing is required the absorbent material mus thereto and (2) a copy of Appendix A Company, 5216 South Van Ness, Los Angeles, be placed within the shield. If the inside to the proposed license which contains California, to receive, possess, package, and. container meets the Specification 2R iQ Thursday, February 26, 1959 FEDERAL REGISTER 1429 Appendix A the absorbent material is not Disposal Company, 5216 South Van Ness, Los The facilities, equipment and operating required. Angeles, California, requested a license to procedures described by the applicant appear (3) Materials containing radioisotopes of receive, possess, package and dispose of by­ adequate to assure that the disposal opera­ plutonium, americium, polonium, or curium, product, source and special nuclear material tions will be conducted in compliance with or the isotope strontium 90, in quantities in wastes in the Pacific Ocean. the Commission’s regulations and the condi­ excess of 100 microcuries, must be packed in Based on the consideration set forth in tions of the proposed license. ' containers which meet Specification 2R in this memorandum the Atomic Energy Com­ Containers and disposal site. The packag­ Appendix A. mission has found that : ing of waste material received from cus- C. Shielding. Inside containers must be (a) The applicant’s proposed equipment, -tomers for disposal in the ocean will meet completely surrounded with sufficient shield­ facilities and procedures are adequate to the recommendations of the National Com­ ing to meet the requirements of subpara­ protect health and minimize danger of life mittee on Radiation Protection contained graphs A(4), A(5), and A(6) of this condi­ or property; in Handbook 58, “Disposal of Radioactive tion. The shield must be so designed that ^ (b) The applicant is qualified by training Waste in the Ocean”. Low level liquid it will not open or break under normal ahd experience to conduct the proposed wastes will be solidified with an absorbent conditions incident to transportation. waste disposal service for byproduct, source clay material known as Bentonite inside of D. Labeling. Each outside container label and special nuclear material in such a man­ a 55-gallon plastic-lined steel drum. The required under § 20.203(f) of 10 CFR Part ner as to protect health and minimize danger drum will be capped with concrete. Where 20 shall bear the following inf ormation : to life or property; shielding is necessary, the container of liquid (1) Total activity in millicuries, or In the (c) The applicant’s waste disposal opera­ waste will be encased in concrete inside a case of source and speeial nuclear material, tion will be performed in accordance with 55-gallon steel drum. Solid waste material the total weight; the provisions of 10 CFR Part 20, 10 CFR will be encased in concrete inside a 55-gallon (2) Principal radioisotope; Part 30, 10 CFR Part 40, 10 CFR Part 70, steel drum. The top of every drum will be (3) Radiation level at the surface of the and other applicable Commission regula­ sealed with an “O” metal ring closure or container and at one meter from the source; tions; and will be crimped to retain the concrete cap. and (d) The issuance of a byproduct, source Each drum will be packaged so that there (4) The name and address of the licensee. and special nuclear material license to Coast­ are no significant voids, will contain a one­ E. Each vehicle in which licenced material wise Marine Disposal Company will not be way pressure relief valve, and will have a is transported shall be marked or placarded inimical to the health and safety of the density of jit least 10 pounds per gallon to on each side and the rear with lettering at public. assure sinking. Each drum will be labeled least 3 inches high as follows: “Dangerous— Experience of personnel. Mr. L. V. Silver- to indicate the company’s name, the date of Radioactive Material’’. man and Mr. George Borg will directly super­ packaging, the most hazardous radioisotope, P. Accidents. In the event of an accident vise the receipt, packaging and disposal op­ the level of activity, and an identification involving any vehicle transporting licensed erations. Both Mr. Silverman and Mr. Borg number. All drums will be checked for out­ material, immediate steps shall be taken to have adequate training and over five years side contamination and proper weight upon prevent radiation exposure of persons and experience with radiation and radioactive completion- of packaging. to control contamination, t materials including handling of kilocurie Disposal will be at a minimum depth of G. Exemptions. Specific approval must be amounts of radioisotopes, radiation monitor­ 1,000 fathoms. The disposal site proposed by obtained from the Atomic Energy Commis­ ing, decontamination methods, contamina­ the applicant is within a 5 mile r'adius of sion for modification of, or exemption from, tion control, and the principles and practices the intersection of the parallel of latitude the requirements of the license condition. of radiation protection. Therefore, it appears 32° 00' north and meridian of longitude Requests for such approval should be di­ that the applicant has personnel with suffi­ 121 °30' west. It is located beyond the con­ rected to the Chief, Isotopes Branch, Division cient training and experience in the handling tinental shelf and lies approximately 130 of Licensing and Regulation, Atomic Energy of radioactive materials to provide assurance miles southwest of Point Arguella, Cali­ Commission, and should contain sufficient that the waste disposal operation will be fornia. The licensee will be required to information to support such a request. conducted in a manner to protect the health maintain a certified true copy of the ship’s 7. The licensee shall only store and package and safety of the public and minimize the log to verify disposal at this site. byproduct, source and special nuclear ma­ danger to life and property. At least 20 days prior to each sea disposal terial for sea disposal at 2100 West 15th Equipment, facilities and procedures. The Street, Long Beach, California, as described operation the Commission will be notified of in the licensee’s application. waste processing and storage site is located the proposed date for disposal, total number in an area which is chiefly industrial. The of containers, total activity of byproduct ma­ 8. The licensee shall dispose of byproduct, proposed site is approximately 91' x 121' with source and special nuclear material in the terial in millicuries, total amount of source a building of approximately 6000 square feet. and special nuclear material, and the most f «!fiC ^cean at a minimum depth of 1,000 The building is of reinforced cement con­ fathoms at the location specified in the hazardous radioisotope In each container. application. struction With a concrete floor. Packaging The containers and disposal location pro­ of the waste will be conducted primarily 9. Packaged radioactive waste containing posed meet the recommendations of the Na­ within this building in a room approximately tional Committee on Radiation Protection special nuclear material shall be transported 35' x 60' which has steel,fire doors. The in aboard vessels of American registry. contained in the National Bureau of Stand­ 10. The licensee shall notify the Chief, waste material will be packaged by the appli­ ards Handbook 58, “Radioactive Waste Dis­ cant’s customers to meet container specifica­ posal in the Ocean’’. sotopes Branch, Division of Licensing and tions prescribed by the Interstate Commerce loofi+niv ° ’ Atom*0 Energy Commission, at The sea disposal of radioactive wastes at t days prior to each disposal, by letter Commission or Condition 6 of the proposed a depth of 1,000 fathoms when packaged in posited in the United States mail properly license. The storage area will have an area accordance with , the requirements of the of 3000 square feet and will be enclosed by fn^?ed and addressed, of the proposed date proposed license is considered a safe method th . sP°sal> the total number of containers, an 8' high chain link fence topped by 3' of radioactive waste disposal. These small high barbed wire. The area will be under amounts of radioactive material if released - . , „ , „ 7 activity of byproduct material in surveillance 24 hours a day. The storage in T,.Un*;s’ amount 'of source material into sea water at the specified depth would the amount of special nuclear and processing areas will also be locked to be diluted and dispersed by the ocean and Srams, and the most hazardous prevent entry of unauthorized persons. Ade­ would not result in radioactivity of public isotope contained in each container. quate procedures have been established cov­ health significance. ering each phase of the waste disposal pro­ rn^V„1°ntainers received or packaged by gram. The applicant has also established [F.R. Doc. 59-1623; Filed, Feb. 25, 1959; not p Ü f •Marine Disposal Company shall adequate emergency procedures to cope with 8:45 a.m.] nuclear * in* r“ore than 20 grams of special 19 a£ m&terial per container. accidents. Written instructions on proper radiation protection precautions and pro­ nuclear11? 6* ^Product, source and special cedures will be given to each employee within 91?aterial sliall be disposed of at sea involved in the waste disposal operation. DEPARTMENT OF THE INTERIOR the :£rom the date on which Necessary equipment for packaging the waste takes nnc^S1 Marine Disposal Company first possession of such material. and transporting it to the disposal site is Bureau of Indian Affairs available to the applicant. . Issued anHent e nhaU be effective on the date ed and shall expire on February 28, 1961. Transportation of waste material both [Bureau Order 551, Arndt. 47] to and from the applicant’s proposed site Date of issuance: will be conducted in accordance with the REDELEGATION OF AUTHORITY por the Atomic Energy Commission. regulations of the Interstate Commerce Com­ mission and the U.S. Coast Guard where Order 551, as amended, is further [Docket No. 27-13] such regulations apply. Where these regu­ amended by addition of a new section, BY THE Division op Licensi* lations do not apply, transportation will be under the heading Functions Relating to conducted in accordance with Condition 6 Wise -fur,t)LAT1<^ ' IN THE Matter of Coas: Tribal Programs, to read as follows: Marine Disposal Company of the proposed license which establishes transportation requirements substantially S ec. 334. Authority under the Ran­ ahqyamln1^ atiofl dated September 5, 195 the same as those of the Interstate Commerce chería Act (72 Stat. 619), (P.L. 85-671, ments thereto, Coastwise Marir Commission regulations. dated August 18, 1958). (a) All of the No. 39___ a 1430 NOTICES authority contained in the act, except as things, the functions and authorities On the Hearing Examiner’s own mo­ provided in paragraph (b) of this section. formerly exercised by the Civil Aeronau­ tion: It is ordered, This 19th day of Feb­ (b) The authority granted in para­ tics Administration. The Civil Aero­ ruary 1959, that the prehearing confer­ graph (a) of this section does not nautics Administration was abolished on ence in this matter now scheduled for include: December 31,1958 and since Department February 27,1959, is continued to Friday, (1) The final disposition of objections Order No. 86 (amended), as amended, March 6, 1959, at 10:00 o’clock a.m., in made by Indians to plans for the distri­ serves no useful purpose, it is hereby the offices of the Commission, Washing­ bution of assets, or the approval of such revoked. ton, D.C. plans. Effective date: December 31, 1958. Released: February 19, 1959. (2) The cancellation of unpaid reim­ bursable indebtedness owing to the Lewis L. S trauss, F ederal Communications United States. Secretary of Commerce. Commission, / (3) The revocation of constitutions [F.R. Doc. 59-1625; Filed, Feb. 25, 1959; [seal] Mary J ane M orris, and corporate charters. 8:45 a.m.] Secretary. (4) The issuance of patents. [F.R. Doc. 59-1673; Filed, Feb. 25, 1959; (5) The issuance of additions to or 8:53 a.m.] amendments of the Code of Federal Regulations. FEDERAL COMMUNICATIONS G lenn L. Emmons, f Commissioner. COMMISSION [Docket No. 12,758] F ebruary 19, 1959. [Docket No. 12203; FCC 59M-231] SNOW CONSTRUCTION CO. [F.R. Doc. 59-1638; Filed, Feb. 25, 1959; HALL BROADCASTING CO., INC. 8:47 a.m.] - Order To Show Cause Order Cpntinuing Hearing In the matter of. S. C. Snow, db/as In re application of Hall Broadcasting Snow Construction Company, P.O. Box Company, Inc., Los Angeles, California; 311, Alamogordo, New Mexico; Docket DEPARTMENT OF AGRICULTURE Docket No. 12203, File No. BPH-2175; No. 12,758; order to show cause why Office of the Secretary for construction permit FM Channel 274 there should not be revoked the license (102.7 Me). for Special Industrial Radio Station MISSISSIPPI The Hearing Examiner having under KKR-399. Designation of Area for Production consideration a motion filed February 17, There being under consideration the Emergency Loans 1959, by the above-entitled applicant re­ matter of certain alleged violations of questing that the date for the exchange the -Commission’s rules in connection For the purpose of making production of written exhibits be continued from with the operation of the above-cap­ emergency loans pursuant to section February 23,1959', to March 13,1959, and tioned station; 2(a) of Public Law 38, 81st Congress that the date for the evidentiary hearing It appearing, that, pursuant to § 1.61 (12 U.S.C. 1148a-2(a)), as amended, it be continued from March 2, 1959, to of the Commission’s rules, written notice has been determined that in Lee County, March 26,1959; and of violation of the Commission’s rules Mississippi, a production disaster has It appearing that the reason for the was served upon the above-named li­ caused a need for agricultural credit not requested continuance is the fact that censee as follows: readily available from commercial counsel for the applicant is recuperating Notice dated November 4, 1958, in banks, cooperative lending agencies, or from surgery and that the additional which licensee was informed that the other responsible sources. time is required to enable him to prepare subject radio station had been observed Pursuant to the authority set forth the necessary exhibits; and on October 10, 1958, in violation of the above, production emergency loans will It further appearing that there are no following rules: not be made in the above-named county objectidns to the requested continuance Section 11.108—The station records indicate after December 31, 1959, except to ap­ or for the immediate consideration the required measurements pf power, plicants who previously received such thereof, and good cause for the requested frequency, and modulatiori are not be­ assistance and who can qualify under continuance having been shown; ing made at the prescribed intervals established policies and procedures. It is ordered, This the 19th day of (not to exceed six m onths); that the last February 1959, that the motion is recorded measurements were dated Done at Washington, D.C., this 19th granted and the date for the exchange March 18,1957; day of February 1959. Section 11.156(a)—Transmitter Identifica­ of written exhibits is continued from tion Cards (FCC Form 452-C) were not [seal] T rue D. Morse, February 23, 1959, to March 13, 1959, found affixed to the transmitter or asso­ Acting Secretary. and the date for the evidentiary hearing ciated control equipment in the mobile [F.R. Doc. 59-1652; Filed, Feb. 25, 1959; is continued from March 2, 1959, to units (No. 1 Jeep and No. 3 Ford Ranch 8:49 a.m.] March 26, 1959. Wagon); Section 11.702(a)—No means provided for Released: February 19, 1959. receiving CONELRAD radio alerts and F ederal Communications CONELRAD radio all clear signals. DEPARTMENT DF CDMMERCE Commission, It further appearing, that, the above- [seal] M ary J ane Morris, named licensee having failed to make Office of the Secretary Secretary. satisfactory reply thereto, the Comriiis- [Dept. Order 86, Amended; Revocation] [F.R. Doc. 59-1672; Filed, Feb. 25, 1959; sion, by letter dated December 5, 1958, 8:53 a.m.] and sent by Certified Mail, Return Re­ CIVIL AERONAUTICS ADMINIS­ ceipt Requested (No. 433475), brought TRATION this matter to the attention pf the li­ Revocation, of Organization and censee and requested that such licensee [Docket No. 12755; FCC 59M-232] respond to the Commission's letter Functions within fifteen (15) days from the date The material appearing in 23 F.R. QUAD CITIES BROADCASTING CO. of its receipt stating the measures which 2361, April 10, 1958; 23 F.R. 403, Jan­ had been taken, or were being taken, in uary 22, 1958; 22 F.R. 4257-4258, June Order Continuing .Hearing order to bring the operation of the radio 15, 1957; 22 F.R. 2017-2018, March ¿27, In re application of Gilbert E. Metzger, station into compliance with the Com­ 1957, and 21 F.R. 7027-7030, September Louis O. Mitzlaff, John R. Ax and Dennis mission’s Rules, and warning the licensee 19, 1956, is hereby revoked. J. Heller, d/b as Quad Cities Broadcast­ that his failure to respond to such letter The Federal Aviation Act of 1958, 72 ing Company, Brazil, Indiana; Docket might result in the institution of pro­ Stat. 731, created the Federal Aviation No. 12755, File No. BP-11831; for con­ ceedings for the revocation of the radio Agency and assigned to it, among other struction permit. station license; and Thursday, February'26, 1959 FEDERAL REGISTER 1431 It further appearing, that receipt of Power Commission pursuant to section The Commission finds: the Commission’s letter was acknowl­ 204 of the Federal Power Act by Califor­ (1) It is necessary and proper in the edged by the signature of the licensee’s nia Electric Power Company (“Appli­ public interest and to aid in the enforce­ agent, Mrs. S. C. Snow, oh December 8, cant”), a corporation organized under ment of the provisions of the Natural 1958, to a Post Office Department return the laws of the State of Delaware and Gas Act that the Commission enter upon receipt; and doing business in the States of California hearings concerning the lawfulness of It further appearing, that, although and Nevada, with its principal business the said proposed changes, and that the more than fifteen (15) days have elapsed office at San Bernardino, California* above-designated supplements be sus­ since the licensee’s receipt of the Com­ seeking an order authorizing the issu­ pended and the use thereof deferred as mission’s letter, no response thereto has ance of 300,000 shares of Common Stock, hereinafter ordered. been received; and par value $1 per share. Applicant pro­ (2) It is necessary and proper in the It further appearing, that, in view of poses to issue the aforesaid shares of public interest in/carrying out the pro­ the foregoing, the licensee has willfully Common Stock on or about April 8,1959. visions of the Natural Gas Act that the violated § 1.61 of the Commission’s rules; Said Common Stock will be issued and proposed rate be made effective as here­ It is ordered, This 18th day of Febru­ sold at competitive bidding. Applicant inafter provided and that Crescent be ary 1959, pursuant to section 312 (a) (4) states that the proceeds from the sale of required to file an undertaking as here­ and (c) of the Communications Act of the Common Stock will be used to dis­ inafter ordered and conditioned. 1934, as amended, and section 0.291(b) charge a portion of its short-term prom­ The Commission orders : (8) of the Commission’s Statement of issory notes issued to Bank of America (A) Pursuant to the authority of the Delegations of Authority, that the said National Trust and Savings Association Natural Gas Act, particularly sections licensee show cause why the license for pursuant to a loan agreement dated Sep­ 4 and 15 thereof, the Commission’s rules the above-captioned Radio Station tember 16, 1958, between Applicant and of practice and procedure, and the reg­ should not be revoked and appear and Bank of America. ulations under the Natural Gas Act (18 give evidence in respect thereto at a Any person desiring to be heard or to CFR Ch. I), a public hearing be held hearing1 to be lield at a time and place make any protest with reference to said upon a date to be fixed by notice from to be specified by subsequent order; and application should, on or before the 9th the Secretary concerning the lawfulness It is further ordered, That the Secre­ day of March 1959, file with the Federal of the proposed rate and charge con­ tary send a copy of this Order by Certi­ Power Commission, Washington 25, D.C., tained in the above-designated supple­ fied Mail, Return Receipt Requested to petitions or protests in accordance with ments. the said licensee. the requirements of the Commission’s (B) Pending such hearing and deci­ rules of practice and procedure (18 CFR sion thereon, said supplements be and Released: February 19,1959. 1.8 or 1.10). The application is on file each is hereby suspended and the use F ederal Communications and available for public inspection. thereof deferred until February 20, 1959, Commission, and thereafter until such further time [seal] J oseph H. Gutride, [seal] Mary Jane M orris, Secretary. as each is made effective in the manner Secretary. hereinafter prescribed. [F.R. Doc. 59-1629; Filed, Feb. 25, 1959; (C) The rates, charges and classifica­ [F.R. Doc. 59-1674; Filed, Feb. 25, 1959; 8:46 a.m.] tions set forth in the above-designated 8:53 a.m.] supplements shall be effective on Feb­ ruary 20, 1959 : Provided, however, That [Docket No. G-17786] within 20 days from the date of this or­ der, Crescent shall execute and file with FEDERAL POWER COMMISSION CRESCENT OIL AND GAS CORP. [Docket No: E-6864] the Secretary of the Commission the Order for Hearing, Suspending Pro­ agreement and undertaking described in CALIFORNIA ELECTRIC POWER CO. paragraph (E) below. posed Change in Rate, and Allow­ (D) Crescent shall refund at such Notice of Application ing Changed Rate To Become times and in such amounts to the persons Effective F ebruary 18,1959. entitled thereto, and in such manner as F ebruary 18,1959. may be required by final order of the Take notice that on February 13,1959, Crescent Oil and Gas Corporation Commission, the portion of the increased an application was filed with the Federal (Crescent), on January 19, 1959, ten­ rates found by the Commission in these proceedings not justified, together with 1 Section 1.62 of the Commission’s rules dered for filing proposed changes in its provides that a licensee, in order to avail presently filed rate schedule for the sale interest thereon at the rate of six himself of the opportunity to be heard, of natural gas subject to the jurisdiction percent per annum from the date of shall, in person or by his attorney, file with of the Commission. The proposed payment to Crescent until refunded; the Commission, within thirty (30) days of changes, which constitute an increased shall bear all costs of any such refund­ the receipt of the order to show cause, a rate and charge, are contained in the ing ; shall keep accurate accounts in de­ written statement stating that he will ap­ following designated filings: tail of all amounts received by reason of pear at the hearing and present evidence the increased rate or charge allowed by on the matter specified in the order. If Description: Supplementary Agreement, toe licensee fails to file such an appearance dated December 15, 1958. Notice of Change, this order to become effective, for each within th.e time specified, the right to a dated January 15, 1959. billing period, specifying by whom and hearing shall be deemed to have been waived, Purchaser: Transcontinental Gas Pipe in whose behalf such amounts were paid ; "here a hearing is waived, a written state­ Line Corporation. and shall report (original and one copy), ment in mitigation or justification may be Rate schedule designation: Supplement in writing and under oath, to the Com­ submitted within thirty (30) days of the Nos. 4 and 5 to Crescent’s FPC Gas Rate mission quarterly, or monthly if Crescent receipt of the order to show cause. If such Schedule No. 3. so elects and so nptifies the Commission, statement contains, with particularity, Effective date: February 19, 1959 (effective factual allegations denying or justifying the date is the first day after expiration of the for each billing period, and for each pur­ acts upon which the show cause order is required thirty days’ notice). chaser, the billing determinants of nat­ oased, the Hearing Examiner rpay call upon ural gas sales to such purchasers and he submitting party to furnish additional In support of the renegotiated rate the revenues resulting therefrom, as »formation, and shall request all opposing increase, Crescent submits the supple­ computed under the rate in effect imme­ parties to file an answer to the written state­ mentary agreement which, it alleges, diately prior to the date upon which the ment and/or additional information. The provides for the compression of gas. increased rate allowed by this order be­ ecord will then be closed and an initial de- Rate Schedule No. 3 is subject to further sion issued on the basis of such procedure, orders of the Commission in Docket Nos. comes effective, and under the rate al­ here a hearing is waived and no written G-17661 and G-15857. lowed by this order to become effective, k»8 keen filed within the thirty The increased rate and charge so pro­ together with the differences in the reve­ cm <*a^s tke receipt of the order to show nues so computed. the ^l allegations of fact contained in posed has not been shown to be justified, or»er to show cause will be deemed as and may be unjust, unreasonable, unduly (E) As provided in paragraph (C) of orrf . an<* ^ e sanctions specified in the discriminatory, or preferential, or other­ this order, "within 20 days from the date aer to show cause will be invoked. wise unlawful. -of issuance thereof, Crescent shall exe- 1432 NOTICES cute and file in triplicate with the Secre­ Description: Notice of Change, undated. costs of any such refunding; shall keep tary of this Commission its written Purchaser: Southern Natural Gas Com­ accurate accounts in detail of all pany. agreement and undertaking to comply Rate schedule designation: Supplement amounts received by reason of the with the terms of paragraph (D) hereof, No. 4 to Petersen’s FPS Gas Rate Schedule changed rate or charge allowed by this signed by a responsible officer of the No. 1. order to become effective, for each billing corporation, evidenced by proper au­ Effective date: February 19, 1959 (effective period, specifying by whom and in whose thority from the board of directors, and date is the first day after expiration of behalf such amounts were paid ; and shall accompanied by a certificate showing statutory notice). report^(original and one copy), inwriting service of copies thereof upon all pur­ In support of the proposed rate and and under oath, to the Commission chasers under the rate schedule involved, charge, Petersen has interpreted the tax monthly, or quarterly if Petersen so as follows: provisions of the afore-mentioned rate elects, for each billing period, and for Agreement and Undertaking of Crescent Oil schedule to the effect that the tax re­ each purchaser, the billing determinants and Gas Corporation To Comply With the imbursement for the increase in the of natural gas sales to such purchasers Terms and Conditions of Paragraph (D) Louisiana severance tax will be at the and the revenues resulting therefrom, of Federal Power Commission’s Order Mak­ as computed under the rate in effect im­ ing Effective Proposed Rate Changes. same reimbursement level that Petersen received for the Louisiana gathering mediately prior to the date upon which In conformity with the requirements of tax. This interpretation appears to be the changed rate allowed by this order the order issued ______in Docket No. questionable and should be determined becomes effective, and under the rate G-17786, Crescent Oil and Gas Corporation allowed by this order to become effective, hereby agrees and undertakes to comply with after hearing. the terms and conditions of paragraph (D) of The changed rate and charge so pro­ together with the differences in the said order, and has caused this agreement posed has not been shpwn to be justified, revenues so computed. and undertaking to be executed and sealed and may be unjust, unreasonable, unduly (E) As a condition of this order, with­ in its name by its officers, thereupon duly discriminatory or preferential, or other­ in 20 days from the date of issuance authorized in accordance with the terms of wise unlawful. thereof, Petersen shall execute and file the resolution of its board of directors, a The Commission finds: v in triplicate with the Secretary of , this certified copy of which is appended hereto (1) It is necessary and proper in the Commission its written agreement and t h i s ___ _ day o f ______public interest and to aid in the enforce­ undertaking to comply with the terms of paragraph (D) hereof^ as follows : By ment of the provisions of the Natural Gas Attest: Act that the Commission enter upon a Agreement and Undertaking of Petersen hearing concerning the lawfulness of the Petroleum Corporation To Comply With Secretary said proposed change, and that the the Terms and Conditions of Paragraph above-designated supplement be sus­ (D) of Federal Power Commission’s Order (F) If Crescent shall, in conformity pended and the use thereof deferred as Making Effective Proposed Rate Change. with the terms and conditions of para­ hereinafter ordered. In conformity with the requirements of graph (D) of this order, make the re­ (2) It is necessary and proper in the the order issued (date), in Docket No. funds as may be required by order of the public interest in carrying out the pro­ G—17818, the Petersen Petroleum Corpora­ Commission, the undertaking shall be visions of the Natural Gas Act that the tion hereby agrees and undertakes to.comply discharged; otherwise, it shall remain proposed rate be made effectivejis here­ with thé terms and conditions of paragraph in full force and effect. inafter provided and that Petersen be re­ (D) of said order, and has caused this agree­ (G) Neither the supplements hereby quired to file an undertaking as herein­ ment and undertaking to be executed and suspended nor the rate schedule sought sealed in its name by its officers, thereupon after ordered and conditioned. duly authorized in accordance with the terms to be altered thereby shall be changed The Commission orders: of the resolution of its board of directors, a until the proceeding has been disposed (A) Pursuant to the authority of the certified copy of which is appended hereto of or until the period of suspension has Natural Gas Act, particularly sections 4 this _____ day o f ______'. expired, unless otherwise ordered by the and 15 thereof, the Commission’s rules P eterson P etroleum Corporation Commission. of practice and procedure, and the regu­ By . . . . ------...... ------(H) Interested State commissions lations under the Natural Gas Act (18 may participate as provided by §§1.8 CFR Ch. I ) , a public hearing be held Attest: and 1.37(f) of the Commission’s rules upon a date to be fixed by notice from the of practice and procedure (18 CFR 1.8 Secretary concerning the lawfulness of As a further^ condition of this order, and 1.37(f) >, the proposed rate and charge contained Petersen shall file with said agreement By the Commission. in Supplement No. 4 to Petersen’s FPC and undertaking a certificate showing Gas Rate Schedule No. 1. service of copies thereof upon all pur­ [ seal] J oseph H. Gutride, (B) Pending such hearing and de­ chasers under the rate schedule involved. Secretary. cision thereon,' said supplement be and Unless Petersen is advised to the contrary [F.R. Doc. 59-1630; Filed, Feb. 25, 1959; it hereby is suspended and the use there­ within 15 days after the date of filing 8:46 a.m.] of deferred until February 20, 1959, and such agreement and undertaking, the thereafter until such further time as it is made effective in the manner hereinafter agreement and undertaking shall be prescribed. deemed to have been accepted. [Docket No. G-17818] (C) The rate, charge and classification (F) If Petersen shall, in conformity set forth in the above-designated supple­ with the terms and conditions of para­ PETERSEN PETROLEUM CORP. ment shall be effective on February 20, graph (D) of this order make the refunds Order for Hearing, Suspending Pro­ 1959: Provided, however, That within 20 as may be required by order of the Com­ posed Change in Rate, and Allow­ days from the date of this order, Petersen mission, the undertaking shall be dis­ shall execute and file with the Secretary charged; otherwise, it shall remain in ing Changed Rate To Become of the Commission the agreement and full force and effect, Effective undertaking described in paragraph (E) (G) Neither the supplement hereby F ebruary 18, 1959. below. suspended nor the rate schedule sought Petersen Petroleum Corporation (Pe­ (D) Petersen shall refund at such to be altered thereby shall be changed tersen), on January 19, 1959, tendered times and in such amounts to the persons until this proceeding has been disposed of for filing a proposed change in its pres­ entitled thereto, and in such manner as ently effective rate schedule1 for £he sale or until the period of suspension has of natural gas subject to the jurisdic­ may be required by final order of the expired, unless otherwise ordered by the tion of the Commission. The proposed Commission, the portion of the increased Commission. change is contained in the following rate found by the Commission in this (HI Interested State commissions designated filing; proceeding not justified, together with may participate as provided by §§ 1.8 and interest thereon at the rate of six percent 1.37(f) of the Commission’s rules of 1 Rate is currently in effect subject to per annum from the date of payment to practice and procedure (18 CFR 1.8 and refund in Docket No. G-15747. Petersen until refunded; shall bear all 1.37(f)).

\ Thursday, February 26, 1959 FEDERAL REGISTER 1433 By the Commission (Commissioner (B) Pending such hearing and de­ operated by Edwin L. Cox for resale sul>- Hussey not participating). cision thereon, said supplement be and ject-to the jurisdiction of the Commis­ [seal] J oseph H. Gutride, it is hereby suspended and the use sion, all as more fully described in the Secretary. thereof deferred until June 1, 1959 (five application on file with the Commission, months from the date the increased rate and open for public inspection. [F,R. DOC. 59-1631; Piled', Feb. 26, 1959; was contractually due), and until such Applicant proposes to sell its share of 8:46 a.m.] further time as it is made effective in the said natural gas to Natural under the mannér prescribed by the Natural Gas terms of a gas purchase agreement dated Act. January 2, 1958, as supplemented and [ Docket No. G-17875 ] ^ (C) Neither the supplement hereby amended, between Applicant and others, SUPERIOR OIL CO. ET AL. suspended nor the rate schedule sought as Seller, and Natural, as Buyer, filed to be altered thereby shall be changed concurrently with the application as Order for Hearing and Suspending until this proceeding has been disposed Carter’s Rate Schedule No. 58, Proposed Change in Rates of or until the period of suspension has This matter is one that should be dis­ expired, unless otherwise ordered by the F ebruary 18, 1959. posed of as promptly as possible under Commission. the applicable rules and regulations and The Superior Oil Company et al. (D) Interested State commissions may to that end: (Superior) on January 19, 1959,1 ten­ participate as provided by §§"1.8 and Take further* notice that, pursuant to dered for filing a proposed change in its 1.37(f) of the Commission’s rules of the authority contained in and subject presently effective rate schedule for sales practice and procedure (18 CFR 1.8 and to the jurisdiction conferred upon the of natural gas subject to the jurisdiction 1.37(f)). Federal Power Commission by sections 7 of the Commission. The proposed and 15 of the Natural Gas Act, and the change, which constitutes, an increased By the Commission (Commissioner Hussey dissenting). Commission’s rules of practice and pro­ rate and charge, is contained in the fol­ cedure, a hearing will be held on March lowing designated filing: [Seal] J oseph H. Gutride, 25, 1959, at 9:30 a.m., e.s.t., in a Hearing Description: Notice of Change, dated No­ Secretary. Room of the Federal Power Commission, vember 11,1958. 441 G Street NW., Washington, D.C., Purchaser: Tennessee Gas Transmission [F.R. Doc. 59-1632; Filed, Feb. 25, 1959; Company. 8:46 a.m.] concerning the matters involved in and Rate Schedule Designation: Supplement the issues presented by such application: No. 6 to Superior’s FPC Gas Rate Schedule Provided, however, That the Commission No. 82, may, after a non-contested hearing, dis­ Effective Date: February 19, 1959 (effective [Docket No. G-14638] pose of the proceedings pursuant to the date is the first day .after expiration of the provisions of § 1.30(c) (1) or (2) of the required thirty days’notice). CARTER OIL CO. Commission’s rules of practice and pro­ cedure. Under the procedure herein In support of the proposed redeter­ Notice of Application and Date of mined rate increase, Superior submitted provided for, unless otherwise advised, it copies of Tennessee Gas Transmission s Hearing will be unnecessary for Applicant to ap­ Company’s rate redetermination letter, F ebruary 19, 1959. pear or be represented at the hearing... cites the contract provisions and states Take notice that The Carter Oil Com­ Protests or petitions to intervene may that the proposed price is an integral pany (Applicant), a West Virginia corpo­ be filed with the Federal Power Commis­ part of the price originally contracted ration with its principal place of business sion, Washington 25, D.C., in accordance for and that it is just and reasonable in in Tulsa, Oklahoma, filed an application with the rules of practice and procedure that it is less than the highest price on March 7,1958, in Docket No. G-14638, (18 CFR 1.8 or 1.10) on or before March paid in the area for similar gas and does pursuant to section 7 of the Natural Gas 14, 1959. Failure of any party to appear not exceed the average of the three Act for a certificate of public convenience at and participate in the hearing shall highest prices in the area. and necessity authorizing the sale of nat­ be construed as waiver of and concur­ The increased rate and charge so pro­ ural gas in interstate commerce to Nat- rence in omission herein of the inter­ posed has not been shown to be justified, tural Gas Pipeline Company of America mediate decision procedure in cases and may be unjust, unreasonable, unduly (Natural), of the portion of its portion where a request therefor is made. discriminatory, or preferential, or other­ of the gas produced from or attributable [seal] ' J oseph H. Gutride, wise unlawful. to acreage in section 17, Township 2 Secretary. ’Hie Commission finds: It is necessarj North, Range 20 ECM, Beaver County, [F.R. Doc. 59-1633; Filed, Feb. 25, 1959; and proper in the public interest and tc Oklahoma, part of the Trimmel Unit “A” 8:47 a.m.] W the enforcement of the provision* i the Natural Gas Act that the Commis- sion enter upon a hearing concerning thi ™»es* °f the said proposed change GENERAL SERVICES ADMINISTRATION and that Supplement No. 6 to Superior’* i f 1~ Rate Schedule No. 82 be sus­ REPORT OF PURCHASES UNDER DOMESTIC PURCHASE REGULATIONS pended and the use thereof deferred a* Report of purchases under Domestic Purchase Regulation (operating on dele­ hereinafter ordered. gation of authority by Department of Interior under Public Law 733, 84th Congress)^ The Commission orders: Pursuant to the authority of tht » - ■ ■- . D ecember 31, 1958. Particularly sections 4 Purchases nf ^ 15 J'tlere°i’ the Commission’s rules Termination Total practice and procedure, and the regu- Commodity date of Unit of measure limita­ Fiscal year to date Inception to date P ^ nl unTcler the Natural Gas Act (li program tion nno« P ’ a Puhlic hearing be helc Quan­ Cost * Quan­ Cost * date t0 be fixed notice from the tity tity oecretary concerning the lawfulness oi increased rate and charge Asbestos..... Dec. 31,1958 Short tons, crude No. 1 1,975 388 $475,772.70 1,741 $2,082,809.40 and No. 2. nSo »neiLm Supplement No. 6 to Su­ Short tons, crude No. 3.. 1,199 232 92,620.00 1,047 418,354.00 perior s Fpg Gas Rate Schedule No. 82 Columbium- — do.--.«.. Pounds, contained com­ 62,310 9,724 37,864.30 59,104 233,674.46 tantalum. bined pentpxide. Fluorspar.... ——.do_____ Short tons, acid grade__ 175,815 45,874 2,504,918.85 139,886 7,669,955.78 ¿¿GSM fllin& was made on November 11 Tungsten__ . —..do_____ Short ton units, tung­ 293,584 0 0 283,463 15,537,920.91 SDDmn.1 °wever, Superior did not make an sten trionde. ary 19P iaso ” 1*® schedule filing until Janu- ofitiAif 59!.at which tlme R filed, on behall 1 Material cost. u n f f lcf “et a l" partie£ No 7 o s FPC Gas Rate Schedule Dated: February 18, 1959. F ranklin F loete, schedule. U°tiCe of succession to said rate Administrator. [F.R. Doc. 59-1637; Filed, Feb. 25, 1959; 8:47 am .] 1434 NOTICES unused balance of the commitments SECURITIES AND EXCHANGE computed from the date of the first bor­ SMALL BUSINESS ADMINISTRA­ rowing or April 1, 1959, whichever is COMMISSION earlier, to the date when the borrowings TION shall equal the aggregate amount of the [Pile No, 70-3761] banks’ commitment or December 31, [Declaration of Disaster Area 216] - 1959, whichever is earlier. The company INDIANA MICHIGAN WISCONSIN PIPE LINE may reduce the commitment at any time CO. AND AMERICAN NATURAL without penalty. Declaration of Disaster Area GAS CO. The proceeds from the proposed sale Whereas, it has been reported that of common stock and notes to banks are Notice of Filing Regarding Proposal during the month of February 1959, be­ to be used by Michigan Wisconsin to pay cause of the effects of certain disasters, by Subsidiary To Increase Author- a part of the costs of an expansion pro­ damage resulted to residences and busi­ ized Capital Stock and To Issue and gram dining 1959 which is estimated to ness property located in certain areas in Sell to Parent Additional Shares of aggregate $55,000,000. The company has the State of Indiana; Common Stock; Issuance and Sale obtained authority from the Federal Whereas, the Small Business Adminis­ by Subsidiary to Banks of Install­ Power Commission to construct a portion tration has investigated and has re­ of the facilities required and has an ceived other reports of investigations of ment Notes application pending for an extension of conditions in the areas affected; F ebruary 18, 1959. service to various communities not now Whereas, after reading and evaluating Notice is hereby given that Michigan served with natural gas. reports of such conditions, I find that Wisconsin Pipe Line Company (“Michi­ The estimated fees and expenses to be the conditions in such areas constitute gan Wisconsin”), a non-public-utility, incurred by Michigan Wisconsin in con­ a catastrophe within the purview of the and its parent company, American Nat­ nection with the proposed transactions Small Business Act. ural Gas Company ("American”), a reg­ are as follows: Now, therefore, as Administrator Of istered holding company, have filed a the Small Business Administration, I joint application-declaration, pursuant Common Credit hereby determine that: to the Public Utility Holding Company stock agree­ 1. Applications for disaster loans Act of 1935 (“Act”) , and have designated ment under the provisions of section 7(b) of sections 6(b), 9, 10 and 12(f) of the Act jthe Small Business Act may be received Federal original issue tax______$10,000 and Rules 50(a) (2), (3) and 70(b)(2) Fees and taxes of various states__ 3,000 $2,500 and considered by the Offices below indi­ promulgated thereunder as applicable to Counsel fees—Sidley, Austin, cated from persons or firms whose prop­ the proposed transactions. 1,000 American Natural Gas Service erty situated in the following Counties Michigan Wisconsin proposes to in­ Company—services at cost____ 500 1,000 (including any areas adjacent to said crease its authorized capital stock from M iscellaneous . _ _ 1,000 1,000 Counties) suffered damage or other de­ 340,000 shares to 440,000 shares by 14,500 5,500 struction as a result of the catastrophe amendment of its Certificate of Incorpo­ hereinafter referred to: ration and to issue and sell 100,000 shares Counties: Adams, Allen, Carroll, Cass, of its common stock, par value $100 per Michigan Wisconsin will apply to the Fountain, Huntington, Miami, Parks, Tippe­ share, to American for a cash considera­ Michigan Public Service Commission for canoe, Vermillion, Vigo, Wabash., and War­ tion of $10,000,000. authority to issue and sell its common ren (floods occurring on or about February Michigan Wisconsin also proposes to stock and notes and a copy of the appli­ 9 to 13,1959). enter into a credit agreement providing cation and the order entered im respect Offices: Small Business Administration for its borrowing, at one or more times thereof are to be supplied by amend­ Regional Office, 226 West Jackson Boulevard, prior to December 31, 1959, of up to ment. It is represented that no other Room 1402, Chicago 6, Illinois. State commission and no Federal com­ Small Business Administration Branch $20,000,000 from the banks and in the re­ Office, Farm Bureau Insurance Building, spective amounts set forth below: mission, other than this Commission, has Room 721, 130 East Washington Street, Indi­ The First National City Bank of jurisdiction over any of the proposed anapolis 4, Indiana. New York.______—_ $10,000,000 transactions. Mellon National Bank and Trust Notice is further given that any inter­ 2. No special field offices will be estab­ Company, Pittsburgh, Pa___ - 5,000,000 ested person may, not later than March lished at this time. National Bank of Detroit_____ 5, 000,000 4,1959, request in writing that a hearing 3. Applications for disaster loans be held in respect of such matters, stat­ under the authority of this declaration 20, 000, 000 ing the nature of his interest, the reasons will not be accepted subsequent to The amounts borrowed are to be evi­ for such request, and the issues of fact August 31,1959. denced by unsecured installment notes, or law raised by the application-declara­ Dated: February 13,1959. tion which he desires to controvert, or are to be dated as of the date of issuance, W endell B. B arnes, and are to mature in installments as fol­ he may request that he be notified should - Administrator. lows: 20 percent of the principal amount the Commission order a hearing thereon. on April 1 in each of the years 1960,1961, Any such request should be addressed: [F.R. Doc. 59-1647; Filed, Feb. 25, 1959; 1962; 12 y2 percent on April 1 in each of Secretary, Securities and Exchange Com­ 8:49 a.m.] the years 1963 and 1964; 10 percent on mission, Washington 25, D.C. At any April 1, 1965 and 5 percent on April 1, time after said date the application- 1966. The notes are to bear interest at declaration as filed, or as it may be the rate of 4 percent upon the first in­ hereafter amended, may be granted and INTERSTATE COMMERCE stallment, 4 Vz percent on the next two in­ permitted to become effective as pro­ stallments and 4% percent on the last vided by Rule 23 promulgated under the COMMISSION four installments. The notes are to be Act, or the Commission may grant ex­ prepayable in whole, or in part pro rata, emption from its rules under the Act as [Notice 257] without prepayment premium, except provided by Itules 20(a) and 100 thereof, MOTOR CARRIER APPLICATIONS or take such other action as it may deem that if prepayment is made from the F ebruary 20, 1959. proceeds from other bank borrowings a appropriate. prepayment premium is to be paid in an By the Commission. The following applications are g°v' amount equal to XA of 1 percent per erned by the Interstate Commerce Com­ annum for the unexpired term of the [SEAL] ORVAL L. D uBOIS, mission’s special rules governing notic amount prepaid. The company is to pay Secretary. of filing of applications by motor car­ a stand-by charge equal to XA of 1 per­ [F.R. Doc. 59-1646; Filed, Feb. 25, 1959; riers of property or passengers ancr oy cent per annum on the average daily 8:49 a.m.] brokers Under sections 206,. 209, and Thursday, February 26, 1959 FEDERAL REGISTER 1435 of the Interstate Commerce Act and cer­ from Kansas City, Mo„ to points in the Certificates, 61 MCC 209, including, but tain other procedural matters with re­ United States, and damaged and re­ not limited to, mine and pit cars, re­ spect thereto. , jected shipments of the above-described inforcing steel, and mine roof bolts, All hearings will be called at 9:30 commodities, on return. Applicant is from Huntington, W. Va., to points in o’clock a.m., United States standard authorized to conduct operations Kentucky and Tennessee. Applicant is time (or 9:30 o’clock a.m., local daylight throughout the United States. authorized to conduct operations in saving time), unless otherwise specified. HEARING: April 20, 1959, at the New Michigan, Ohio, Kentucky, Indiana, West Applications Assigned for Oral H earing Hotel Pickwick, Kansas City, Mo., before Virginia, Virginia, North Carolina, South or Pre-H earing Conference Examiner James H. Gaffney. Carolina, Pennsylvania, Wisconsin, Iowa, No. MC 10761 (Sub No. 80), filed Jan­ and Illinois. MOTOR CARRIERS OF PROPERTY uary 16, 1959. Applicant :> TRANS- Note: Applicant also controls Case Van No. MC 2353 (Sub No. *0) (CORREC­ AMERICAN / FREIGHT LINES, INC., Lines, Inc., a motor carrier of household TION), filed December 15, 1958, pub­ 1700 North Waterman Avenue, Detroit 'goods in No. MC 22296; therefore, common lished January 28, 1959. Applicant: 9, Mich. Applicant’s attorney: Howell control may be involved. Ellis, 520 Illinois Building, Indianapolis, MONUMENTAL MOTOR TOURS, INC., HEARING: April 28, 1959, at the City 3319 Pulaski Highway, Baltimore, Md. Ind. Authority sought to operate as a Council Chamber City Hall, 501 Virginia Applicant’s attorney: S. Harrison Kahn, common carrier, by motor vehicle, over­ Street, East, Charleston, W. Va., before 726-34 Investment Building, Washing­ all alternate route, transporting: Gen­ eral commodities, except loose bulk com­ Joint Board No. 404, or, if the Joint ton, D.C. That portion of the previous Board waives its right to participate, publication referring to Maryland High­ modities, livestock, explosives, except before Examiner Herbert L. Hanback. way 169 was in error. The proper high­ small arms ammunition, currency, bul­ No. MC 20783 (Sub No. 43), filed way designation is Maryland Highway lion, and commodities exceeding ordi­ February 9, 1959. Applicant: TOMP­ 196. nary equipment and loading -facilities, KINS MOTOR LINES, INC., 1000 Third HEARING: April 7, 1959, on the sixth between Bryan, Ohio, and Chicago, 111., Avenue North, Nashville, Tenn. Appli­ floor, McCawley .Building, 37 Commerce from Bryan over U.S. Highway 6 to junc­ cant’s attorney: David Axelrod, 39 South Street, Baltimore, Md., before Joint tion U.S. Highway 41, thence over U.S. La Salle Street, Chicago 3, 111. Authority Board No. 120. Highway 41 to Chicago, and return over sought to operate as a common carrier, No. MC 4966 (Sub No. 9), filed Febru­ the same Youte, serving no intermediate by motor vehicle, over irregular routes, ary 5,1959. Applicant: JONES TRANS­ points, as an alternate route for operat­ transporting: Meats, meat products and FER COMPANY, a corporation, 927 ing convenience only, in connection with meat by-products, dairy products and Washington Street, Monroe, Mich. Ap­ applicant’s authorized regular route op­ articles distributed by meat packing­ plicant’s attorney: Rex Eames, 1800 erations between Chicago, 111., and houses, from Columbus, Indiana to Buhl Building, Detroit 26, Mich. Au­ Cleveland, Ohio. Applicant is author­ points in Alabama, Florida, Georgia, thority sought to operate as a common ized to conduct operations in Arkansas, North Carolina, South Carolina, and carrier, by motor vehicle, transporting: Colorado, Connecticut, Illinois, Indiana, Tennessee. Applicant is authorized to General commodities* except those _ of Iowa, Kansas, Kentucky, Massachusetts, conduct regular route operations in unusual value, Class A and B explosives, Michigan, Minnesota,. Missouri, Ne­ Georgia, North Carolina and Tennessee, household goods as defined by the Com­ braska, New Jersey, New York, Ohio, and irregular route operations in Ala­ mission, commodities in bulk, and those Oklahoma, Pennsylvania, Rhode Island, bama, Florida, Georgia, North Carolina, requiring special equipment, between Texas, and Wisconsin. South Carolina, and Tennessee. Tecumseh, Mich., and junction U.S. HEARING: April 17, 1959, in Room HEARING: April 21, 1959, at the U.S. Highway 23 and Michigan Highway 852, U.S. Custom House, 610 South Canal Court Rooms, Indianapolis, Ind., before 50 near Dundee, Mich., from Tecum­ Street, Chicago, 111., before Joint Board Examiner Herbert L. Hanback. seh over' Michigan Highway 50 to No. 58, or, if the Joint Board waives its No. MC 20992 (Sub No. 5), filed De­ junction U.S. Highway 23, and return right to participate, before Examiner cember 29, 1958. Applicant: WILLIAM over the same route, serving no inter­ Leo W. Cunningham. DOTSETH, Rural Route, Knapp, Wis. mediate points, as an alternate route for No. MC 14743 (Sub No. 20), filed Janu­ Applicant’s attorney: W. P. Knowles, operating convenience only, in connec­ ary 16, 1959. Applicant: E. L. POWELL New Richmond, Wis. Authority sought tion with applicant’s Authorized regular & SONS TRUCKING CO., INC., 405 to operate as a common carrier, by motor route operations between Detroit and North Elwood, Tulsa, Okla. Applicant’s vehicle, over irregular routes, transport­ Morenci, Mich., and alternate route op­ attorney: W. T. Brunson, Leonhardt ing: Agricultural machinery, implements erations between junction U.S. Highways Building, Oklahoma City 2, Okla. Au­ and parts thereof, and other agricultural 16 and 23 (near Brighton, Mich.), and thority sought to operate as a common equipment as more fully described in the Toledo, Ohio and between junction U.S. carrier, by motor vehicle, over irregular application, uncrated in mixed ship­ Highway 23 and Michigan Highway 50 routes, transporting: Machinery, equip­ ments, from West Bend, Wis., to points rf«? •’unc^ on Michigan Highway 50 and ment, materials, and supplies used in, in that pari of Minnesota north of a line H.S. Highway 25 (near Monroe, Mich.). or in connection with, the discovery, beginning at Duluth, Minn., and extend­ Applicant is authorized to conduct opera­ development, production, refining, man­ ing along U.S. Highway 210 to Motley, tions in Michigan and Ohio. ufacture, processing, storage, transmis­ Minn., and thence along U.S. Highway 10 HEARING: April 22, 1959, at the Fed­ sion, and distribution of natural gas to its junction with the Minnesota-North eral Building, Detroit, Mich., before Joint and petroleum and their products and Dakota State line, also to points in North oard No. 76, or, if the Joint Board by-products, and (1) between points in Dakota and South Dakota; and ship­ aives its right to participate,- before Kansas and Missouri and (2) between ments of -machinery or parts of agricul­ examiner. C. Evans Brooks. points in Kansas and Missouri on the tural machinery returned for repairs, No. MC 8989 (Sub No. 179), filed De- one hand, and, on the other, points in from the above specified destination ter­ S S f « 31’ 1958* Applicant: HOWARD Montana, North..Dakota, South Dakota, ritory to West Bend, Wis. S ’ IN9- 2400 West St. Joseph Wyoming, and Colorado. reet, Lansing, Mich. Applicant’s at- HEARING: April 27, 1959, at the New Note: Applicant has attached copies of Hotel Pickwick, Kansas City, Mo., before affidavit requesting that the commodity de­ .X eF: Albert F Beasley, 15th and K scription ip his present authority in No. MC t);re?ts> NW., Washington 5, D.C. Au- Examiner James H. Gaffney. 20992 and Sub No. 1 thereunder be corrected onr*- s<5Hght to operate as a common No. MC 17002 (Sub No. 19), filed Feb­ in conformity with Interstate Commerce rmJer’ !?y mo^or vehicle, over irregular ruary 4, 1959. Applicant: CASE DRIVE­ Commission regulations to permit the trans­ chnf^’ transporting: Trucks, tractors, AWAY, INC., 6001 U.S. Route 60, Hun­ portation of the above specified commodities. oar ?ls> crane> mechanical or equipment tington, W. Va., Applicant’s attorney: Applicant is authorized to conduct opera­ »p °r without such crane, Charles T. Dodrill, 600 Fifth Avenue, tions in Minnesota and Wisconsin. cnanical, or other equipment), earth- Huntington, W. Va. Authority sought to operate as a common carrier, by motor HEARING: April 23, 1959, in Room whpWfli e iiStom House. 610 South Canal Mich. Authority sought to operate as to points in St. Clair County, 111., and AlfredB^Hurtey.’. 111 ’ bef°re Examiner a common carrier, by motor Vehicle, return. Applicant states the foregoing over irregular routes, transporting: New transportation will originate at points automobiles, new trucks, and new cembeiI?259i9qL^Su]>r 22, 1958. Applicant: No‘ 27)> filed MOTOR De" along the Mississippi River within the No. 39---- 5 chassis, in initial movements, in truck- City of St. Louis, Mo., and move through 1438 NOTICES St. Louis, Mo., East St. Louis, Belleville, aware, District of Columbia, Florida, consin, Missouri, Arkansas, Iowa, Min­ and Freeburg, 111., to points within St. Georgia, Illinois, Indiana, Iowa, Kansas, nesota, Nebraska, and Pennsylvania. Clair CountyT 111., which County lies en­ Kentucky, Maine, Maryland, Massachus­ HEARING: April 22,1959, in Room 712, tirely within the origin territory from etts, Michigan, Minnesota, Mississippi, Federal Building, Cincinnati, Ohio, be­ which applicant transports coal to St. Missouri, Nebraska, New Hampshire, New fore Examiner Herbert L. Hanback. ' Louis and points in St. Louis County, Jersey, New York, North Carolina, North No. MC 101458 (Sub No. 24), filed Mo., as authorized in its Certificate No. Dakota, Ohio, Oklahoma, Pennsylvania, January 12, 1959. Applicant: NA­ MC 79932. Applicant is authorized to Rhode Island, South Carolina, South TIONAL CARTAGE CO., 2850 Sheffield, conduct operations in Illinois and Dakota, Tennessee, Texas, Virginia, Ver­ Hammond, Ind. Authority sought to Missouri. i mont, West Virginia, and Wisconsin. operate as a common carrier, by motor HEARING: April 10, 1959, at the U.S. HEARING: April 8, 1959, at the U.S. vehicle, over irregular routes, transport­ Court House and Custom House, 1114 Court House and Custom House, 1114 ing: Chemicals and acids, in bulk, from Market Street, St. Louis, Mo., before Market Street, St. Louis, Mo., before Joliet, 111., to points in Indiana, Ohio, Joint Board No. 135, or, if the Joint Examiner James H. Gaffney. Michigan, and Kentucky; and refused or Board waives its rights to participate No. MC 100337 (Sub No. 26), filed Feb­ rejected shipments of chemicals and before Examiner James H. Gaffney. ruary 6, 1959. Applicant: SAM MC­ acids, on return. Applicant is author­ No. MC 85934 (Sub No. 10), filed Janu­ KINLEY, doing business as MCKINLEY ized to conduct operations in Indiana, ary 28, 1959. Applicant: MICHIGAN DRIVEAWAY COMPANY, 2205 North Illinois, Michigan, and Wisconsin. TRANSPORTATION COMPANY, a cor­ Pitcher Street, Kalamazoo, Mich. Ap­ HEARING: April 14, 1959, in Room poration, 1650 Waterman, Detroit, Mich. plicant’s attorney: Larry A. Esckilsen, 852, U.S. Custom House, 610 South Canal Applicant’s attorney: William B. Elmer, 501 Perpetual Building, 1111 E Street Street, Chicago, 111., before * Examiner 1800 Buhl Building, Detroit 26, Mich; NW., Washington 4, D.C. Authority Leo W. Cunningham. Authority sought to operate as a com­ sought to. operate as a common carrier, No. MC 104481 (Sub No. 10), filed mon carrier, by motor vehicle, over ir­ by motor vehicle over irregular routes, January 28, 1959. Applicant: MOOR­ regular routes, transporting: Cement, transporting: Passenger automobiles, in MAN TRUCKING COMPANY, INC., 125 from St. Joseph, Mich,, to points in initial movements, in truckaway service, West Allen Street, Bloomington, Ind. Ohio, Indiana, and Illinois, and empty from Kalamazoo, Mich., to all points in Applicant’s attorney: Robert C. Smith, shipper containers, and damaged, re­ the United States, except those in 512 Illinois Building, Indianapolis, Ind. jected and refused shipments of cement Alaska, California, Idaho, Nevada, Ore­ Authority sought to operate as a common on return. Applicant is authorized to gon, and Washington, and damdged and carrier, by motor vehicle, over irregular conduct operations in Ohio, Michigan, rejected shipments of the commodities routes, transporting: Clay products, from Illinois, Indiana, Wisconsin, Pennsyl­ specified in this application on return. points in Clay County, Ind., to points in vania, Kentucky, Missouri, Alabama, Applicant is authorized to conduct op­ Iowa and Missouri and pallets used in Mississippi, and Tennessee. erations throughout the United States. transporting clay products oils return. Applicant is authorized to conduct opera­ Note: Dual operations may be Involved. HEARING: April 23, 1959, at the Fed­ eral Building, Detroit, Mich., before Ex­ tions in Indiana, Illinois, Kentucky, HEARING: April 27, 1959, at the Olds aminer C. Evans Brooks. Michigan, Ohio, New York, and Missouri.. Hotel, Lansing, Mich, before Examiner No. MC 101126 (Sub No. 116), filed HEARING: April 20, 1959, at the U.S. C. Evans Brooks. November 26, 1958. Applicant: STILL- Court. Rooms, Indianapolis, Ind., before No. MC 88686 (Sub No. 2), filed De­ PASS TRANSIT COMPANY, INC., Examiner Herbert L. Hanback. cember 8, 1958. Applicant: EDWIN M. Spring Grove Avenue, Cincinnati 32, No. MC 106271 (Sub No. 4), filed Jan­ THOMPSON AND EDWARD M. Ohio. Authority sought to operate as a uary 22, 1959. Applicant: FRANCIS D. THOMPSON, doing business as THOMP­ contract carrier, by motor vehicle, over GOOD, Drexel, Mo. Authority sought to SON TRUCK LINE, Northwood, Iowa. irregular routes, transporting: Animal operate as a common carrier, by motor Applicant’s representative: A. R. Fowler, and vegetable oil products and blends vehicle, over irregular routes, transport­ 2288 University Avenue, St. Paul 14, thereof,, in bulk, in insulated, stainless ing : Gravel, sand, dirt and lime, in bulk, Minn. Authority sought to operate as a steel tank vehicles, from St. Bernard and frbm LaCygne, Kans., and points in common carrier, by motor vehicle, over Cincinnati, Ohio, to points in Georgia, Kansas within 20 miles to points i,n Bates irregular routes, transporting: Petroleum Kansas, and Missouri. Applicant is* . and Cass Counties, Mo. Applicant is products, in containers, from points in authorized, to conduct operations in authorized po conduct operations in the Minneapolis-St. Paul, Minn., Com­ Arkansas, Florida, Georgia, Illinois, In­ Kansas and Missouri. mercial Zone, as defined by the Com­ diana, Iowa, Kansas, Kentucky, Mary­ HEARING: April 24, 1959, at the New mission, to points in Iowa on and east of land, Michigan, Minnesota, Missouri, Hotel Pickwick, Kansas City, M o ., before U.S. Highway 71 and on and north of Nebraska, New Jersey, New York, North Joint Board No. 36, or, if the Joint Board Iowa Highway 3, and empty containers Carolina, Ohio, Pennsylvania, South waives its right to participate, before- or other such incidental facilities (not Carolina, Tennessee, Virginia, West Vir­ Examiner James H. Gaffney. specified) used in transporting petroleum ginia, and Wisconsin. No. MC 106398 (Sub No. 112), filed products on return. Applicant is au­ January 12, 1959. Applicant: NA­ Note: A proceeding has been instituted thorized to conduct regular and irregular under section 212(c) of the Interstate Com­ TIONAL TRAILER CONVOY, INC., 191» route operations in Iowa and Minne­ merce Act to determine whether applicant’s North Sheridan Road, Tulsa, Okla. Ap­ sota. status is that of a contract or common car­ plicant’s attorney: Harold G. Hernly, 1624 I Street NW., .Washington, D.c. Note: Any duplication with present au­ rier, assigned Docket No. MC 101126 Sub 86. thority to be eliminated. Authority sought to operate as a common HEARING: April 22, 1959, in Room carrier, by motor vehicle, over irregulaT HEARING: April 22, 1959, in Room 712, Federal Building, Cincinnati, Ohio, routes, transporting: Trailers, designed 926, Metropolitan Building, Second before Examiner Herbert L. Hanback. to be drawn by passenger automobiles, in Avenue South' and Third, Minneapolis, No. MC 101126 (Sub No. 118), filed initial movements, in truckaway service, Minn., before Joint Board No. 146, or, January 15, 1959. Applicant: STILL- from points in Indiana, except Elknai if the Joint Board waives its right to PASS TRANSIT COMPANY, INC., 4967 and Bourbon, Ind., to points in the participate, before Examiner Leo W. Spring Grove Avenue, Cincinnati 32, United States. Applicant is authorized Cunningham. Ohio. Authority sought to operate as a to conduct operations throughout tne No. MC 92983 (Sub No. 335), filed Jan­ contract carrier, by motor vehicle, over United States. , „ e uary 16, 1959. Applicant: ELDON MIL­ irregular routes, transporting: Rosin siz­ HEARING: April 14, 1959, at the U.o. LER, INC., 33Q East Washington Street, ing, in bulk, in insulated, steam coiled, Court Rooms, Indianapolis, Ind., before Iowa City, Iowa. Authority sought to steel tank vehicles, from Nitro, W. Va., Examiner Herbert L. Hanback. operate as a common carrier, by motor to points in Maryland, Ohio, Pennsyl­ No. MC 106920 (Sub No. 12), filed Jan­ vehicle, over irregular routes, transport­ vania, and Virginia. Applicant'is au­ uary 26, 1959. Applicant: RIGG» ing: Wine, in bulk, in tank vehicles, from thorized to conduct operations in Ohio, DAIRY EXPRESS, INC., P.O. BOX 17» Yonkers, N.Y., to St. Louis, Mo. Appli­ Kentucky, Indiana, Illinois, Maryland, Versailles, Ohio. Applicant’s attorney. cant is authorized to conduct operations New York, North Carolina, Michigan, Herbert Baker, 50 West Broad ’ in Alabama, Arkansas, Connecticut, Del­ Tennessee, New Jersey, Alabama, Wis­ Columbus 15, Ohio» Authority sought to Thursday, February 26, 1959 FEDERAL REGISTER 1439 operate as a Common carrier, by motor HEARING: April 13, 1959, at the New cant’s attorney: Herbert Baker, 50 West vehicle, over irregular routes, transport­ Post Office Building, Columbus, Ohio, Broad Street, Columbus 15, Ohio. Au­ ing: Frozen foods, from Carrollton, Mo, before Examiner Herbert L. Hanback. thority sought to operate as a common to points in Connecticut, Delaware, Indi­ No. MC 108382 (Sub No. 6), (PETI­ or contract carrier, by motor vehicle, ana, Maine, Maryland, Massachusetts, TION FOR CORRECTION OF CER­ over irregular routes, transporting: (1) Michigan, New Jersey, New York, Ohio, TIFICATE). Petitioner: SHORT Canned, preserved, or prepared food­ Pennsylvania, and Rhode Island, and FREIGHT LINES, INC. EXTENSION— stuffs (not requiring refrigeration), from empty containers or other such inci­ SAULT STE. MARIE, MICH. (Bay City, points in Ohio and Michigan, and from dental facilities (not specified) used in Mich.). Petitioner’s attorney: Eat Covington, Ky., Portland, Geneva, and transporting frozen foods on return. Clardy, 712 Olds Tower Building, Lap­ Sunman, Ind., and from Jonesboro and HEARING:^April 8, 1959, at the New sing, Mich. By petition dated October 1, Columbia, Tenn., to points in Florida, Post Office Building, Columbus, Ohio, 1958, applicant seeks correction or modi­ Georgia, North Carolina, and South before Examiner Herbert L. Hanback. fication of the Certificate issued to it on Carolina; (2) Canned, preserved, or pre­ No. MC 107128 (Sub No. 17), filed May 16, 1958, in two respects; (1) it de­ pared foodstuffs (not requiring refrig­ February 4, 1959. Applicant: FAST sires authority to serve intermediate eration), from points in Ohio and FREIGHT, INC.,' 2612 Wept Morris points on 19 of the routes (these routes Michigan, and from Covington, Ky., Street, Indianapolis, Ind. Applicant’s are set forth and numbered in Exhibit A Portland, Geneva, and Sunman, Ind., to attorney: Wilhelmina s Boersma, 2850 attached to its petition) which were points in Connecticut, Maine, Massachu­ Penobscot Building, Detroit 26, Mich. granted to it in that Certificate, and (2) setts, New Hampshire* Rhode Island, Authority sought to operate as a contract it desires that the highway description and Vermont; (3) Cans and can enclo­ or common carrier, by motor vehicle, of Route No. 15 therein (also set forth sures, frpm Marion and Hamilton, Ohio, over irregular routes,' transporting: in Exhibit A) be corrected. to Athens and Atlanta, Ga.; and (4) Empty glass containers, with or without HEARING: April 29,1959, at the Olds Fruit, vegetable, and poultry containers, closures, in truckload quantities, in Hotel, Lansing, Mich^" before Joint including crates, boxes, hampers, bas­ straight or mixed truckloads, or mixed Board No., 76, or if,' the Joint Board kets, cushions, and related materials, truckloads with closures, not exceeding waives its right to participate, before from Albany, Macon, and Savannah, Ga., 33 % percent of the actual weight of Examiner C. Evans Brooks. and High Point, N.C., to points in Flor­ the contents of the truck, or in misted No. MC 109478 (Sub No. 30), filed Jan­ ida, Kentucky, and Ohio. Applicant is truckloads with extra fibreboard boxes uary 8, 1959. Applicant: WORSTER authorized to conduct operations in Flor­ or cartons, knocked down or folded flat, MOTOR LINES, INC., East Main Road, ida, Georgia, Illinois, Indiana, Maine, not to exceed 10 percent of the total R.D. No. 1, North East, Pa. Applicant’s Michigan, Minnesota, New Hampshire, weight of the shipment, from Gas City, attorney: William W. Knox, 23 West Ohio, Vermont, and Wisconsin. Ind., to Minneapolis and St. Paul, Minn., TentlvStreet, Erie, Pa. Authority sought Note: A proceeding has been instituted points in Iowa, Missouri, Kentucky, Wis­ to operate as a common carrier, by motor under section 212(a) in No. MC 109761 (Sub consin, and those in Michigan north of vehicle, over irregular routes, transport­ No. 12) to determine whether aplpicant’s Michigan Highway 20, excepting Bay ing: Liquid sugar and invert sugar, in status is that of a common or contract City and Muskegon, Mich., and empty bulk, in tank vehicles, from points in carrier. containers or other such incidental fa­ the Chicago, 111., Commercial Zone, as HEARING: April 9, 1959, at the New cilities (not specified) used in transport­ defined by the Commission, to Cleveland, Post Office Building, Columbus, Ohio, ing the commodities specified in this ap­ Ohio. Applicant is authorized to con­ before Examiner Herbert L. Hanback. plication, empty pallets, and refused, duct operations" in Connecticut, Dela­ No. MC .110103 (Sub No. 3), filed Feb­ rejected or damaged shipments of the ware, Illinois, indiana, Maryland, Massa­ ruary 4, 1959r Applicant: WALTER E. above-specified commodities on return. chusetts, Michigan, New Jersey, New COY, doing business as COY BROS., Applicant is authorized to conduct op­ York, Ohio, Pennsylvania, Rhode Island, Box 416, R.D. -2, Canfield, Ohio. Appli­ erations in Illinois, Indiana, Iowa, Ken­ West Virginia, and the District of Co­ cant’s attorney: Noel F. George, 44 East tucky, Michigan, Missouri, Ohio, Penn­ lumbia. Broad Street, Columbus 15, Ohio. Au­ sylvania, West Virginia, and Wisconsin. HEARING: April 16, 1959, in Room thority sought to operate as a contract No t e : A proceeding has been instituted 852, U.S. Custom House, 610 South Canal carrier, by motor vehicle, over irregular under section 212(c) of the Interstate Com- Street, Chicago, 111., before Joint Board routes, transporting: Refractory prod­ inerce Act to determine whether applicant’s No. 58, or, if the Joint Board waives its uct, clay, chrome ore and paste, gumming status is that of a contract or common ear­ right to participate, before Examiner ner, assigned • Docket No. MC 107128 (Sub and ramming mixes (packaged or in No. 10 ). Leo W. Cunningham. bulk), and cements (dry and wet in bags No. MC 109637 (Sub No. 104), filed and drums), from Green Township and 1 HEARING: April 21, 1959, at the Fed­ January 28, 1959. Applicant: SOUTH­ Poland Township, Mahoning County, eral Building, Detroit, Mich., before Ex­ ERN TANK LINES, INC., 4107 Bells Ohio, and New Brighton and Hillsville, aminer C. Evans Brooks. Lane, Louisville 11; Ky. Authority Pa., to points in Ohio, Pennsylvania, No. Me 107295 (Sub No. 61), filed Jan- sought to operate-as a common carrier, Kentucky, West Virginia, New York, jjary 29, 1959. Applicant: PRE-FAB by motor vehicle, over irregular routes, Michigan, Indiana, Illinois, and Wiscon­ ■TRANSIT CO., a corporation, Farmer transporting: Wine, in bulk, in tank ve­ sin, and commodities, materials and sup­ a*’. *H‘ Applicant’s attorney: Mack hicles, from points in New Jersey and plies used and useful in the manufacture Stephenson, 208 East Adams Street, New York to Indianapolis, Ind., and of the above-named commodities on opringfidd, 111, Authority sought to op­ empty containers- or other such inciden­ return. Applicant is authorized to con­ erate as a common carrier, by motor tal facilities (not specified) used in duct operations in Ohio, Pennsylvania, , n.D .ov®r *rre§ular routes, transport­ transporting wine on return. Applicant and West Virginia. ing. Buildings, complete, knocked down is authorized to conduct operations in HEARING: April 7, 1959, at the New r in section, including all component Alabama, Delaware, District of Colum­ Post Office Building, Columbus, Ohio, an*’ Taaterials, supplies and fixtures, bia, Florida, Georgia, Illinois, Indiana, before Examiner Herbert L. Hanback. _ when shipped with such buildings, Iowa, Kentucky, Louisiana, Maryland, No. MC 110505 (Sub No. 50), filed De­ ctr,eSf-0ries usec* *n the erection, con- .Michigan, Minnesota, Mississippi, Mis­ cember 29, 1958. Applicant: RfNGLE nci«ttl0n and. comPletion thereof, from souri, Nebraska, New Jersey, New York, TRUCK LINES, INC., 601 South Grant W w ftom Parkersburg, North Carolina, Ohio, Pennsylvania, Avenue, Fowler, Ind. Applicant’s attor­ n '„va:' to points in Mississippi, Alabama, South Carolina, Tennessee, Texas, Vir­ ney: Robert C. Smith, 512 Illinois Build­ v ^ glal Florida’ South Carolina, Maine, ginia, West Virginia, and Wisconsin. ing, Indianapolis 4, Ind. Authority T?h^° t ,New Hampshire, Connecticut, HEARING: April 20, 1959, at the U.S. sought to operate as a common carrier, ^ ® .island, and Arizona; and from Court Rooms, Indianapolis, Ind., before by motor vehicle, over irregular routes, bniiiS in ? hi0 Ports of Entry on the Examiner Herbert L. Hanback. „ transporting: Iron and steel articles, C a ^ £ ry-between the United States and No. MC 109761 (Sub No. 20), filed Feb­ from Kokomo, Ind., to points in Iowa, Ha • in ^ ew York, Vermont, New ruary 2, 1959. Applicant: CARL SUB- Wisconsin, except Milwaukee, Kenosha, thoriypd^6, °r Maine- Applicant is au- LER TRUCKING, INC:, 906 Magnqlia and Racine, and their respective Com­ out tbo tt S,nduct °Perations through­ Avenue, Auburndale, Fla. MAIL: North mercial Zones, as defined by the Com­ out the United States. West Street, Versailles, Ohio. Appli- mission, Minnesota, North Dakota, South 1440 NOTICES Dakota, Nebraska, Kansas, and Missouri, Bank Building, Madison 3, Wis. Au­ when moving with or separately in except St. Louis, and the St. Louis, Mo., thority sought to operate as a common truckaway service (excluding commer­ Commercial Zone as defined by the Com­ carrier, by motor vehicle, over irregular cial trucks), between New Philadelphia, mission, and damaged and rejected ship­ routes, transporting: (1) acids and Ohio, on the one hand, and on the other, ments of the above commodities on chemicals, as defined by the Commission points in Arizona, Arkansas, California, return. Applicant is authorized to con­ in Appendix XV to report in Ex Parte Colorado, Connecticut, Delaware, Dis­ duct operations in Indiana, Illinois, Iowa, 45, Descriptions in Motor Carrier Cer­ trict of Columbia, Idaho, Iowa, Ken­ Ohio, Kentucky, Missouri, Tennessee, tificates, 61 MCC 209, in bulk, in tank tucky, Maine, Minnesota, Montana, Ne­ Wisconsin, Michigan, West Virginia, vehicles, from Pine Bend, Minn., to braska, Nevada, New Hampshire, New Kentucky, Alabama, Connecticut, Dela­ points in Illinois, Iowa, the Upper Penin­ Mexico, Oregon, Rhode Island, South ware, Florida, Georgia, Maine, Maryland, sula of Michigan, Missouri, Nebraska, Dakota, Utah, Vermont, Virginia, Wash­ Massachusetts, Mississippi, New Hamp­ North Dakota, South Dakota, andv Wis­ ington, and Wyoming. Applicant is au­ shire, New Jersey, New York, North consin; and (2) spent acid, in bulk, in thorized to conduct operations through­ Carolina, Pennsylvania, Rhode Island, tank vehicles, from points in Minnesota out the United States. South Carolina, Vermont, Virginia, and and the Upper Peninsula of Mchigan, HEARING: April 16, 1959, in the Old the District of Columbia. to points in Wisconsin. Applicant is P.O. Building, Public Square and Su­ HEARING: April 16, 1959, at the UJ3. authorized to conduct operations in perior Avenue, Cleveland, Ohio, before Court Rooms, Indianapolis, IncL, before Wisconsin, Illinois, Georgia, Louisiana, Examiner C. Evans Brooks. Examiner Herbert L. Hanback. Missouri, Oklahoma, Texas, Nebraska, No. MC 111320 (Sub No. 37), filed Jan­ No. MC 110525 (Sub No. 379), filed Minnesota, Iowa, Indiana, Michigan, uary 8,1959. Applicant: CURTIS KEAL December 24,1958. Applicant: CHEMI­ Ohio, Kentucky, Arkansas, Kansas, TRANSPORT COMPANY, INC., East CAL TANK LINES, INC., 520 East Tennessee, and Florida. 54th Street and Cleveland Shoreway, Lancaster Avenue, Downing town, Pa. HEARING: April 24, 1959, in Room Cleveland, Ohio. Applicant’s represent­ Applicant’s attorney: Leonard A. Jaskie- 926, Metropolitan Building, Second Ave­ ative: G. H. Dilla, 3350 Superior Ave­ wicz, Munsey Building, Washington 4, nue South and j Third, Minneapolis, nue, Cleveland 14, Ohio. Authority D.C. Authority sought to operate as Minn., before Examiner Leo W. Cun­ sought to operate as a common carrier, a common carrier, by motor vehicle, over ningham. by motor vehicle, over irregular routes, irregular routes, transporting: Cement No. MC 111231 (Sub No. 37), filed Jan­ transporting: Road building, earth mov­ and mortar, in bulk and in bags, from uary 16, 1959. Applicant: JONES ing, and/or contractor’s equipment, in­ points in Muskingum and Summit Coun­ TRUCK LINES, INC., 610 East Emma cluding those described in 61 M.C.C. 209, ties, Ohio, to points in Indiana, Ken­ Avenue, Springdale, Ark. Applicant’s Appendix 8, and parts or accessories of tucky, Michigan, Ohio, Pennsylvania, attorney: Wentworth E. Griffin; 1012 such items when moving with or sepa­ and West Virginia. Applicant is au­ Baltimore Building, Kansas City 5, Mo. rately, in truckaway and driveAway thorized to conduct operations in Ala­ Authority sought to operate as a com­ service, except commercial trucks, be­ bama, Arkansas, California, Connecti­ mon carrier, by motor vehicle, over reg­ tween Cleveland, Ohio, on the one hand, cut, Delaware, Florida, Georgia, Illinois, ular and irregular routes, transporting: and, on the other, points in the United Indiana, Iowa, Kansas, Kentucky, Loui­ (1) fish, including shellfish, cooked or States. Applicant is authorized to Con­ siana, Maine, Maryland, Massachusetts, uncooked, breaded, frozen or fresh (but duct operations throughout the United Michigan, Minnesota, Missouri, Ne­ not including fish and shellfish which States. braska, New Hampshire, New Jersey, New has been treated for preserving, such as Note: Applicant states all duplications to York, North Carolina, Ohio, Oklahoma, canned, smoked, pickled, spiced, corned be eliminated. Pennsylvania, Rhode Island, South or prepared products), and (2) agricul­ HEARING: April 16, 1959, in the Old Carolina, Tennessee, Texas, Vermont, tural commodities, including horticul­ P.O. Building, Public Square and Su­ Virginia, West Virginia, Wisconsin, and tural commodities (not including man­ perior Avenue, Cleveland, Ohio, before the District of Columbia. ufactured products thereof), shown as Examiner C. Evans Brooks. HEARING: April 10, 1959, at the Ful­ “exempt” in the Commodity List in Ad­ No. MC 111812 (Sub No. 62), filed ton Building, 101-115 Sixth Street, Pitts­ ministrative Ruling 107 of the Bureau January 5, 1959. Applicant: MIDWEST burgh, Pa.i before Examiner C. Evans of Motor Carrier (but not including COAST TRANSPORT, INC., P.O. BOX Brooks. frozen fruits, frozen berries, frozen 747, Wilson Terminal Building, Sioux No. MC 110525 (Sub No. 383), filed vegetables, cocoa beans, coffee beans, Falls, S. Dak. Applicant’s attorney: January 26, 1959. Applicant: CHEMI­ tea, bananas, hemp, wool imported from Donald Stern, 924 City National Bank CAL TANK LINES, INC., 520 East any foreign country, wool tops and noils Building, Omaha, Nebr. Authority Lancaster Avenue, Dowingtown, Pa. Ap­ or wool waste (carded, spun, woven or sought to operate as a common carrier, plicant’s attorneys: Leonard A. Jaskie- knitted), in the same vehicle with other by motor vehicle, over irregular routes, wicz and V. Baker Smith, Munsey Build­ commodities which are not exempt from transporting: Meats, packing-house ing, Washington 4, D.C. Authority regulation, which applicant is author­ products, and Commodities used by sought to operate as a common carrier, ized to transport in its Certificate No. packing houses, as defined by the Com­ by motor vehicle, over irregular routes, MC 111231 and sub-numbers thereunder, mission in Appendix I in Descriptions m transporting: Chemicals and acids, in between points in Arkansas, Illinois, Motor Carrier Certificates, 61 M.C.C. 209, bulk, in tank vehicles, from Lawrence, Kansas, Mississippi, Missouri, Oklahoma, 766, from Mitchell, S. Dak., to points in Kans., to points in Kentucky and Ohio. Tennessee, and Texas. Applicant is au­ California, and hooks and racks used in Applicant is transporting the commodi­ thorized to conduct operations in Mis­ transporting the above specified com­ ties specified in all States and the Dis­ souri, Arkansas, Oklahoma, Kansas, modities on return. Applicant is author- trict of Coluinbia, except Arizona, Cali­ Tennessee, Illinois, and Texas. ized to conduct operations in South fornia, Colorado, Florida; Idaho, Mis­ HEARING: April 21, 1959, at the New Dakota, Washington, Oregon, Iowa, sissippi, Montana., Nevada, New Mexico, Hotel Pickwick, Kansas City, Mo., be­ Utah, California, Minnesota, Nevada, North Dakota, Oregon, South Dakota, fore Examiner James H. Gaffney. Nebraska, North Dakota, Montana, Texas, Utah, Washington, and Wyoming. No. MC 111320 (Sub No. 36), filed Jan­ Idaho, Maine, New Hampshire, Vermont, Note: Applicant has a pending applica­ uary 8,1959. Applicant: CURTIS KEAL Massachusetts, Rhode Island, Connecti­ tion for contract carrier authority in No. TRANSPORT COMPANY, INC., East cut, New Jersey, New York, and Penn­ MC 117507. Section 210 (dual operations) 54th Street and Cleveland Shoreway, may be involved. Cleveland, Ohio. Applicant’s represent­ sylvania. Note: Duplication should be eliminated. HEARING: April 29,1959, at the New ative: G. H. Dilla, 3350 Superior Avenue, Hotel Pickwick, Kansas City, Mo., be­ Cleveland 14, Ohio. Authority sought to HEARING: April 8, 1959, in Room 852, fore Examiner James H. Gaffney. operate as a common carrier, by motor U.S. Custom House, 610 South Canal No. MC 110988 (Sub770. 55), filed Jan­ vehiclei over irregular routes, transport­ Street, Chicago, HI., before Examiner uary _16, 1959. Applicant: KAMPO ing: Road building, earth mooing, and/or Leo W. Cunningham. • _ _ h TRANSIT, INC., 200 Cecil Street, contractor’s equipment, including those No. MC 112223 (Sub No. 40), filed Neenah, Wis. Applicant’s representa­ described in 61 M.C.C. 209, Appendix 8, ruary 6, 1959. Applicant: QUICKi^ tive: Adolph E. Solie, 715 First National and parts or accessories of such items ft?atj.qtjow.t rOMPANY. 1121 Soutn Thursday, February 26, 1959 FEDERAL REGISTER 1441 Seventh Street, Minneapolis, Minn.- Au­ Street, East, Charleston, W. Va., before sought to operate as a common carrier, thority sought ta.operate as a common Joint Board No. 62, or, if the Joint Board by motor vehicle, over irregular routes, carrier, by motor vehicle, over irregular waives its right to participate, before transporting: Meats, packing house routes, transporting: (1)" Acids and Examiner Herbert L. Hanback. products, and commodities used by chemicate in bulk, in tank vehicles, from / No. MC 113651 (Sub No. 28), filed De­ packing houses (as defined in Para­ Pine Ben&, Minn, to points in Illinois, cember 17, 1958. Applicant: INDIANA graphs A, B, C, and D of Appendix IV Iowa, Upper Peninsula of Michigan, /REFRIGERATOR LINES, INC., 2404 (61 MCC 275), from Chicago and East Missouri, Nebraska, North Dakota, South North Broadway, Muncie, Ind. Appli­ St. Louis, 111., Cleveland and Columbus, Dakota, and Wisconsin. (2) Spent acid, cant’s attorney: Mario Pieroni, 523 Ohio, Evansville, Ind., Milwaukee, Wis., in bulk, in tank vehicles, from points in Johnson Building, Muncie, Ind. Au­ and St. Louis, Mo., to points in Maine, Minnesota and the Upper Peninsula of thority sought to operate as a common New Hampshire, Vermont, Massachu­ Michigan to points in Wisconsin. Ap­ carrier, by motor vehicle, over irregular setts, Rhode Island, and Connecticut. plicant is authorized to conduct opera­ routes, transporting: Meats, meat prod­ Applicant is authorized to conduct reg­ tions in Iowa, Michigan, Minnesota, ucts, and meat by-products, and com­ ular route operations in Massachusetts North Dakota, South Dakota* and modities distributed by meat packing and Ohio, and irregular route operations Wisconsin. houses, as defined by the Commission, in Colorado, Connecticut, Delaware, Illi­ HEARING: April 24, 1959, in Room (A) from Fargo and West Fargo, N. Dak., nois, Indiana, Iowa, Kentucky, Maine, 926, Metropolitan Building, Second Ave­ North Platte, Nebr., and Huron, S, Dak., Maryland, Massachusetts, Michigan, nue South and Third, Minneapolis, to points in Connecticut, Delaware, Minnesota, Missouri, Nebraska, New Minn., before Examiner Leo W. Cun­ Indiana, Kentucky, Maine, Maryland, Hampshire, New Jersey, New York, Ohio, ningham." Massachusetts, Michigan, New Hamp­ North Carolina, Pennsylvania, Rhode No. MC 112595 (Sub No. 14), filedNo- shire, New Jersey, New York, Ohio, Island, South Carolina, Tennessee, Texas, vember lb, 1958. Applicant: FORD Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, Wisconsin, and BORTHERS, INC., 2940 South Third Virginia, JVest Virginia, and the District the District of Columbia. Street, Ironton, Ohio. Applicant’s at­ of Columbia; and (B) from Sioux City, HEARING: April 9,1959, in Room 852, torney: Charles T. Dodrill, 600 Fifth Iowa, and Omaha, Nebr., to points in U.S. Custom House, 610 South Canal Avenue, Huntington, W. Va. Authority Connecticut, Delaware, Maine, New Street, Chicago, 111., before Examiner sought to operate as a common carrier, Hampshire, New Jersey, those in New Leo W. Cunningham. by motor vehicle, over irregular routes, York on and east of U.S. Highway 15, No. MC 113855 (Sub No. 32), filed De­ transporting: Liquid petroleum and points in Maryland, Massachusetts, those cember 9, 1958. Applicant: INTER­ liquid petroleum products, in bulk, in in' Pennsylvania on and east of U.S. NATIONAL TRANSPORT, INC., High­ tank vehicles, between points in Wayne Highway 219, and points in Rhode way 52 South, Rochester, Minn. Appli­ and Kanawha Counties, W. Va., and Boyd Island, Vermont, Virginia, West Vir­ cant’s attorney: Franklin J. Van Osdel, County, Ky., on the one hand, and, on ginia, and the District of Columbia. First National Bank Building, Fargo, N. the other, points in Michigan. Appli­ Applicant is authorized to conduct oper­ Dak. Authority sought to operate as a cant is authorized to conduct operations ations in Alabama, Connecticut, Dela­ common carrier, by motor vehicle, over in West Virginia, Kentucky, Ohio, and ware, Florida, Georgia, Illinois, Indiana, irregular routes, transporting: Exca­ Michigan. Iowa, Kentucky, Louisiana, Maine, vating, grading and loading machinery HEARING: April 27,1959, at the City Maryland, Massachusetts, Mississippi, and parts thereof, and attachments for Council Chamber City Hall, 501 Virginia Missouri, New Hampshire, New Jersey, excavating, grading and loading ma­ Street, East, Charleston, W. Va., before New York, North Carolina, Pennsylvania, chinery and parts thereof, between Examiner Herbert L. Hanback. Rhode Island, South Carolina, Tennes­ Winona, Minn., on the one hand, and, No. MC 112623 (Sub No. 2), filed see, Texas, Vermont, Virginia, West on the other, points in the United States. February 4, 1959. Applicant: PRIEBE Virginia, 'and the District of Columbia. Applicant is authorized to conduct op­ c o * a corporation, 1336- HEARING: April 6,1959, in Room 852, erations throughout the United States. 1340 M-139, Benton Harbor, Mich. Ap­ U.S. Custom House, 610 South Canal HEARING: April 23, 1959, in Room plicant’s attorney: James R. Davis, 1400 Street, Chicago, 111., before Examiner 926, Metropolitan Building, Second Ave­ Michigan National Tower, Lansing 8, Leo W. Cunningham. nue South and Third, Minneapolis, Mich. Authority sought to operate as No. MC 113779 (Sub No. 85), filed Jan­ Minn., before Examiner Leo W. Cun­ a common carrier, by motor vehicle, uary 23, 1959. Applicant: YORK IN­ ningham. ver irregular routes, transporting: TERSTATE TRUCKING, INC., 9020 La No. MC 113908 (Sub No. 48), filed Jan­ ^rona St. Joseph, Mich., to points Porte Expressway, P.O. Box 12385, uary 14, 1959. Applicant: ERICKSON in Ohio, Indiana, and Illinois; and Houston 17, Tex. Authority sought to TRANSPORTATION CORPORATION, Pty cement shipping containers and operate as a common carrier, by motor MPO Box 706, Springfield, Mo. Appli­ aamaged shipments of cement, from the vehicle, over irregular routes, transport­ cant’s attorneys: Chinn and White, 808 ^ s p e c if ie d destination points to St. ing: Paints, paint materials, resins, var­ Joseph, Mich. Woodruff Building, Springfield, Mo. Au­ nishes, and lacquers, from points in the thority sought to operate as a common April 27> 1&59> at Olds Kansas City, Mo., Commercial Zone, as carrier, by motor vehicle, over irregular a ha^sing, Mich., before Examiner defined by the Commission, to points in routes, transporting: Wine, wine concen­ u Evans Brooks. Oklahoma and Texas. Applicant is au- trates, wine blends and wine products, McL 112941 (Sub No. 1), filed thorizedl to conduct operations in Ala­ (1) from points in New York, Pennsyl­ VlRrmTA30’» 1959, Applicant: WEST bama, Arizona, Arkansas, California, vania, and New Jersey, to points in Illi­ INC 2 5 At, m o t°R d e l iv e r y CO., Colorado, Florida, Georgia, Idaho, Illi­ nois, Wisconsin, Missouri, Indiana, Ohorif* ' ®°x 2829, C&O Freight Depot, nois, Indiana, Iowa, Kansas, Kentucky, Colorado, Nebraska, Minnesota, Virginia, Charleston, W Va. Applicant’s attor^ Louisiana, Michigan, Minnesota, Missis­ Florida, Tennessee, Louisiana, Texas, wealth nMC1S McInerny, Common- sippi, Missouri, Montana, Nebraska, Ohio, Michigan, Montana, North Dakota, S on s 1625 K Street NW., Wash- Nevada, New Jersey, New Mexico, North Washington, and Alaska, including ports operate L ? 'C* Authority, sought to Carolina, North Dakota, Ohio, Okla­ of entry on the International Boundary vehiclp ^ a ?ommon carrier, by motor homa, Oregon, Pennsylvania, South between the United States and Canada; mg- PnnTi-irrf gHlar routes, transport- Carolina, South Dakota, Tennessee, and (2) from points in California, to preserve S«(Uicluding canned, prepared, Texas, Utah, Virginia, Washington, points in New York, Virginia, Illinois, ton w^Ar°r frozen) » between Charles- West Virginia, Wisconsin, and Wyoming. Kentucky, Ohio, Michigan, Montana, of Charw/*,and points within 5 miles HEARING: April 24, 1959, at the New North Dakota, Washington, and Alaska, the o t w t0n ,OIi the one hand,, and, on Hotel Pickwick, Kansas City, Mo., before including ports of entry on the Inter­ Chariest™ within 100 miles of Examiner James H. Gaffney. national Boundary line between the Kentucky11’ VirSinia> Ohio, and No. MC 113843 (Sub No. 35), filed Jan­ United States and Canada. Applicant is conduct nr^AE??llcant 18 authorized to uary 7, 1959. Applicant: REFRIGER­ authorized to transport similar com­ Virginia OHn?tl0r^ in VirSinia» West ATED FOOD EXPRESS, INC., 316 Sum­ modities in Florida, Illinois, Indiana, ! /fp7nr2 hl0’ and Kentucky. mer Street, Boston 10, Mass. Applicant’s Michigan, and Ohio. ■CoundfCh?r«K1pril 28’ 1959> at the City attorney: James M. Walsh, 316 Summer HEARING: April 6, 1959, at the U.S. 1 CU Camber City Hall, 501 Virginia Street, Boston 10, _ Mass. Authority Court House and Custom House, 1114 1442 NOTICES Market Street, St. Louis, Mo., before las County, Oreg., to points In Arizona, No. MC 117165 (Sub No. 2), filed No- Examiner James H. Gaffney. California and Nevada. Applicant is vember 21,1958. Applicant: C.J. DAVIS, No. MC 113908 (Sub No. 49), filed Jan­ authorized to conduct operations in doing business as ST. LOUIS FREIGHT uary 16, 1959. Applicant: ERICKSON Oregon and California. LINES, 1000 Michigan Avenue, St. Louis, TRANSPORT CORPORATION, MPO Note: Applicant states it will transport Mich. Applicant’s attorney« William B. Box 706, Springfield, Mo. Applicant’s exempt commodities on return trips.- Elmer, 1800 Buhl Building, Detroit 26, attorney: Turner White, 808 Woodruff Mich. Authority sought to operate as a Building, Springfield, Mo. Authority HEARING: March 27,1959, at the Fed­ common carrier, by motor vehicle, over sought to operate as a common carrier, eral Building, Medford, Oreg., before irregular routes, transporting: Boards, by motor vehicle, over irregular routes, Examiner Mack Myers. building, wall and/or insulating fibre transporting: Super phosphoric acid, in No. MC 115331 (Sub No. 15), filed Jan­ board, and parts, materials and acces­ bulk, in tank vehicles, from Wilson Dam, uary 19, 1959. Applicant: TRUCK sories incidental thereto, from' the Ala., to Sullivan, Haryel, Rochester and TRANSPORT, INC., Crystal City, Mo. sites of plants of the Abitibi Corporation El Paso, 111. Applicant is authorized to Applicant’s representative: A. A. Mar­ at or near Alpena, Mich., to points in conduct “operations in Florida, Illinois, shall, 305 Buder Building, St. Louis 1, Maine, New Hampshire, Vermont, New Indiana, Iowa, Kansas, Kentucky, Mich­ Mo. Authority sought t9 operate as a York, Massachusetts, Rhode Island, igan, Minnesota, Missouri, Nebraska, common carrier, by motor vehicle, over Connecticut, Pennsylvania, New Jersey,' Ohio, South Dakota, Tennessee, Texas, irregular routes, transporting: Acids and Delaware, Maryland, West Virginia, and Wisconsin. chemicals, in bulk; ammonium nitrate, District of Columbia, Virginia, North HEARING: April 13, 1959, in Room fertilizer, fertilizer compounds, in bulk Carolina, South Carolina, Georgia, Flor­ 852, U.S. Custom House, 610 South and in containers, from Selma, Mo., and ida, Alabama, Tennessee, points in Ken­ Canal Street, Chicago, HI., before Ex­ points within five miles of Selma, Mo., tucky, except those points within 40 miles aminer Leo W. Cunningham. to points in Ohio, and empty containers of the Ohio River, Mississippi, Louisiana, No. MC 113908 (Sub No. 50), filed or other such incidental facilities (not Arkansas, points in Missouri, except the January 16, 1959. Applicant: ERICK­ specified) used in transporting the St. Louis, Mo., Commercial Zone, Min­ SON TRANSPORT CORPORATION, above-described commodities, on return. nesota, Nebraska, Kansas, Oklahoma, MPO Box 706, Springfield, Mo. Appli­ Applicant is authorized to conduct oper­ and Colorado, and rejected and damaged cant’s attorney: Turner White, 808 ations in Arkansas, Illinois, Iowa, Kan­ shipments of the above-described com­ Woodruff Building, Springfield, Mo. Au­ sas, Kentucky, Missouri, Oklahoma, and modities and empty containers or other thority sought to operate as a common T©nn6sse6 such incidental facilities (not specified) carrier, by motor vehicle, over irregular HEARING: April 8, 1959, at the U.S. used in transporting the above-specified routes, transporting: Vegetable oils, veg­ Court House and Custom House, 1114 commodities on return; all limited to etable oil blends and vegetable oil prod­ Market Street, St. Louis, Mo., before Ex­ movements on flat bed vehicles. aminer James H. Gaffney. ucts, in bulk, in tank vehicles, from Note: Applicant holds contract carrier au­ points in Texas, Tennessee, Arkansas and No. MC 115805 (Sub No. 2), filed Jan­ thority in Permit No. MC 105572 and sub Louisiana, to Springfield, Mo. Appli­ uary 26, 1959. Applicant: SMITH’S, numbers thereunder. Dual operations under cant is authorized to conduct operations INC., Cottonwood, Minn. Applicant’s section 210 may be involved. in Florida, Illinois, Indiana, Iowa, attorney: Hoyt Crooks, 842 Raymond Avenue, St. Paul 14, Minn. Authority HEARING: April 28, 1959, at the Olds Kansas, Kentucky, Michigan, Minnesota, sought to operate as a contract carrier, Hotel, Lansing ,Mich., before Examiner Nebraska, Ohio, South Dakota, Ten­ C. Evans Brooks. nessee, Missouri, Texas, and Wisconsin. by motor vehicle, over irregular routes, transporting: Salt (other than bulk), No. MC 117370 (Sub No. 2) , filed Jan­ HEARING: April 22, 1959, at the New from-Hutchinson (Reno.County), Kans., uary 19, 1959. Applicant: JACK STAF­ Hotel Pickwick, Kansas City, Mo., be­ to points in Minnesota and North Da­ FORD, doing business as STAFFORD fore Examiner James H. Gaffney. kota, and empty containers or other such TRUCKING, 1137 North 45th Street, No. MC 114463 (Sub No. 1), filed Jan­ incidental facilities (not specified) used Milwaukee, Wis. Applicant’s attorney: uary 26, 1959. Applicant: J. FRED­ in transporting salt on return. Claude J. Jasper, 1 West Main Street, ERICK STEVENSON AND HESTER L. HEARING: April 27,1959, in Room 926, Madison 3, Wis. Authority sought to op­ STEVENSON, a partnership, doing Metropolitan Building, Second Avenue, erate as a common carrier by motor business as STEVENSON’S REFRIG­ South and Third, Minneapolis, Minn., vehicle-, over irregular routes, transport­ ERATED TRUCK SERVICE, 1017 Per­ before Examiner Leo W. Cunningham. ing : Salt, m bulk, from Milwaukee, Wis., kins Street, Muncie, Ind. Applicant’s No. MC 116564 (Sub No. 3), filed Jan­ to points in Illinois on and north of US.. attorney: Mario Pieroni, 523 Johnson Highway 6. , _ Building, Muncie, Ind. Authority sought uary 1,1959. Applicant: LEWIS W. Mc- HEARING: April 15, 1959, in Room to operate as a common carrier, by motor CURDY AND MARGARET J. McCURDY, 852, U.S. Custom House, 610 South Canal vehicle, over irregular routes, transport­ a partnership, doing business as Mc- Street, Chicago, HI., before Joint Board ing: Meats, packing house products and CURDY’S TRUCKING COMPANY, 571 Unity Street, Latrobe, Pa. Applicant’s No. 13, or, if the Joint Board w aives its commodities used in packing houses, in attorney: Paul F. Sullivan, 1821 Jeffer­ right to participate, before Exam iner pool-truck distribution, from Muncie, Leo W. Cunningham. . Ind., to points in Allen, Auglaize, Darke, son Place, NW., Washington 6, D.C. Au­ No. MC 117567, filed August 5, isoe. Defiance, Fulton, Henry, Miami, Mercer, thority sought to operate as a contract Applicant: GUNKELMAN & JOHNSON, Paulding, Putnam, Shelby, Van Wert, carrier, by motor vehicle, over irregular INC., Breckenridge, Minn. Applicants Hardin, Hancock, Logan, Champaign, routes, transporting: Malt beverages, in attorney: Alan Foss, First National Bans and Williams Counties, Ohio. Applicant containers, and advertising material Building, Fargo, N. Dak. Authority is authorized to transport the commodi­ moving therewith, from Milwaukee, Wis., sought to operate as a, contract carr> ties specified in Indiana. to points in Allegheny, Armstrong, Bea­ by motor vehicle, over irregular rou > ver, Blair, Butler, Cambria, Centre, Elk, transporting: (1) bags, twine, msec HEARING: April 21, 1959, at the U.S. Fayette, Greene, Mercer, Indiana, Jeffer­ Court Rooms, Indianapolis, Ind., before son, Somerset, Washington, and West­ cides, chemicals, in containers, fenutw Joint Board No. 60, or, if the Joint Board moreland Counties, Pa., and empty con­ in bags, animal and poultry f£ed, t waives its right to participate, before Hillsboro, Gardner, Grandin and i are . Examiner Herbert L. Hanback. tainers or other such incidental facilities, N. Dak., Minneapolis, Minn., Kmma used in transporting the above-described City, Mo., Chicago, 111., Milwaukee, w •> No. MC 115130 (Sub No. 2), filed No­ commodities, on return, Applicant is vember 28, 1958. Applicant: PAULSON Omaha, Nebr., and Des koines, low TRUCK LINES, INC., 2008 Northeast authorized to transport malt beverages points in North Dakota, Minnesota, Airport Road, Roseburg, Oreg. Appli­ from Latrobe, Pa., to specified points in South Dakota, and empty containers cant’s attorney: Earle V. White, 2130 Delaware and Maryland and empty con­ other such incidental facilities (not Southwest Fifth Avenue, Portland 1, tainers oh returns cified) used in transporting the aoo Oreg. Authority sought to operate as a HEARING: April 9,1959, in the Fulton commodities on return; (2) gram common carrier, by motor vehicle, over Building, 101-115 Sixth Street, Pitts­ tor machinery and equipment ana g irregular routes, transporting: Lumber, burgh, Pa., before Examiner C. Evans cleaners, and empty containers or including plywood, from points in Doug­ Brooks. such incidental facilities (not specin Thursday, February 26, 1959 FEDERAL REGISTER 1443 used in transporting grain elevator ma­ transporting the above-described com­ Avenue, St. Paul 14, Minn. Authority chinery and equipment and grain modities, on return. sought to operate as a common carrier, cleaners, between points in North Da­ Note: Applicant states the proposed opera­ by motor vehicle, over irregular routes, kota, Minnesota, and South Dakota. tions are for the account of Swift & Com­ transporting: Iron and steel articles, Note: Applicant states that the proposed pany. from Duluth, Minn., to points in Iowa, service will be conducted for R. F. Gunkel- North Dakota, and South Dakota. man and Sons, Inc., of Fargo, N. Dak. HEARING: March 27, 1959, at the HEARING: April 21, 1959, in Room Offices of the Interstate Commerce Com­ 926, Metropolitan Building, Second Ave­ HEARING: April 28, 1959, in the TJ.S. mission, Washington, D.C., before Joint nue South and Third, Minneapolis, Court Rooms, Fargo, N. Dak., before Board No. 68. Minn., before Examiner Leo W. Cun­ Examiner Leo W. Cunningham. No. MC 118437, filed December 10, ningham. No. MC 117850 (Sub No. 2), filed Jan­ 1958. Applicant: GERALD D. HANDKE, uary 15, 1959. Applicant: J. B. KEN­ doing business as HANDKE’S GRAIN No. MC 118549, filed January 12, 1959. NEDY, Brookfield, Mo.- Applicant’s SERVICE, 8600 Central AVenue NE., Applicant: CURRAN V. NIELSEN, doing attorney: James Glenn, Macon, Mo. Spring Lake Park, Minn. Applicant’s business as GYPSUM CARRIERS, 6500 Authority sought to operate as a com­ attorney: 'Richard M. Bosard, 1160 Oxford Street, Minneapolis 26, Minn. mon carrier, by motor vehicle, over Northwestern Bank Building, Minne­ Applicant’s attorney: Donald A. Morken, irregular routes, transporting: Feed and apolis 2, Minn. Authority sought to 1100 First National-Soo Line Building, fertilizer, in bulk, sacks and bags, from operate as a common carrier, by motor Minneapolis 2, Minn. Authority sought Military, Kansas City, Atchison, and vehicle, over irregular routes, transport­ to operate as a contract carrier, by motor Lawrence, Kans., Nebraska City, Nebr., ing: Iron and steel articles, from St. Paul vehicle, over irregular routes, transport­ Sheffield, Ala., Humbolt, Mason City, and Minneapolis, Minn., and points in ing: Gypsum and plasterboard, from Klemme, Washington, and Des Moines, Wisconsin, Iowa, North Dakota, South Fort Dodge, Iowa, and points within ten IowA, Quincy,^ Decatur, and - East St. Dakota, Montaña, Wyoming, and Idaho. (10) miles thereof, to points in Minne­ Louis, in., to points in Linn, Chariton, sota, Iowa, North Dakota, South Dakota, Note: Applicant Indicates it will transport Nebraska? Wisconsin, and Illinois. Sullivan, ahd Grundy Counties, Mo., and exempt commodities on return. damaged shipments of the above com­ Note: Applicant states that Gypsum Car­ modities on return. HEARING: April 20, 1959, in Room riers will haul solely for Curran V. Nielsen HEARING: April 22, 1959, at the New 926, Metropolitan Building, Second Ave­ Co. Inc., and requests the authority to be Hotel Pickwick, Kansas City, Mo., before nue South and Third, Minneapolis, issued to be' limited to transportation pur­ Examiner James H. Gaffney.- Minn., before Examiner Leo W. Cun­ suant to a contract with that company. No. MC 117912, filed November 28,1958. ningham. ‘ HEARING: April 27, 1959, in Room Applicant: CLIFFORD JONES, doing No, MC 118453, filed December 15, 926, Metropolitan Building, Second Ave­ business as T & R TRANSPORT COM­ 1958. Applicant: SCHULER GRAIN nue South and Third, Minneapolis, PANY, 349 Barcalona Drive, El Paso, COMPANY, 84 Minnesota Avenue, Minn., before Examiner Leo W. Cun­ Tex. Applicant’s attorney: William J. Breckenridge, Minn. Applicant’s repre­ ningham. Torrington, 1003 Maryland Trust Build­ sentative: A. R. Fowler, 2288 University No. MC 118555, filed January 15, 1959. ing,,Baltimore 2, Md. Authority souglit Avenue, St. Paul 14, Minn. Authority Applicant: HARVEY E: HENRY, 412 to operate as a contract carrier, by motor sought to operate as a common carrier, South West End Boulevard, Cape Gi­ vehicle, over Irregular routes, transport­ by motor vehicle, over irregular routes, rardeau, Mo. Applicant’s representa­ ing: Turpentine, rosin, tandrotine and transporting: Animal and poultry feed tive : A. A. Marshall, 305 Buder Building, paint thinners, from El Paso, Texas, to and feed ingredients in bulk or in mixed St. Louis 1, Mo. Authority sought to Points in Arizona, California, Oregon, shipments in bulk, when not to exceed operate as a contract carrier, by motor Washington, Idaho, Montana, Utah, 25 percent of the weight or the shipment, vehicle, over irregular routes, transport­ Colorado, Nevada, New Mexico, Wyo­ in bags, from points in the Minneapolis- ing: Toilet preparations, drugs and med­ ming, Texas, Oklahoma, Kansas, Ne­ St. Paul, Minn., Commercial Zone as de­ icines, from Lincoln, 111., to Los Angeles braska, North Dakota, South Dakota, fined by the Commission to points in and San Francisco, Calif. Wisconsin, Minnesota, Missouri, Iowa, North Dakota. HEARING: April 9, 1959, at the U.S. Dunois, Indiana, Michigan, Ohio, and HEARING: April 22, 1959, in Room Court House and Custom House, 1114 Pennsylvania, and empty containers or 926, Metropolitan Building, Second Ave­ Market Street, St. Louis, Mo., before Ex­ other such incidental facilities (not nue South s and Third, Minneapolis, aminer James H. Gaffney. specified) used in transporting the above Minn., before Joint Board No. 24, or, if No. MC 118592, filed January 27, 1959. commodities on return. * the Joint Board waives its right to par­ Applicant: HAROLD KRINGLER, 921 ticipate, before Examiner Leo W. Note; Applicant states that he will also 11th Street North, Moorhead, Minn. nsport exempt commodities on return. Cunningham. t Applicant’s attorney: Alan Foss, First No. MC 118458, filed December 16, National Bank Building, Fargo, N. Dak. C?1ARING: April 13> 1959> at the U.S. 1958. Applicant: ROBERT G. FRAZIER, Authority sought to operate as a common mVT House and Custom House, 1114 doing business as FRAZIER MOTOR carrier, by motor vehicle, over irregular arket Street, St. Louis, Mo., before COMPANY, 2012 Gihon Road, Parkers­ routes, transporting: Fertilizer, in bulk, •hammer James H. Gaffney. burg, W. Va. Applicant’s attorney: and in bags, from points in Missouri to ,*?• MC 117983 (Sub No. 1), filed Jan- J. A. Bibby, Jr., 504 Security Building, points in North Dakota and Minnesota. tavt2^ 1959- Applicant: JOSEPH W. Charleston, W. Va. Authority sought HEARING: April 28» 1959, in the U.S. TS; doing business as TAYLOR’S to operate as a common carrier, by Court Rooms, Fargo, N. Dak., before Ex­ TRANSFER, Ridge, Mo. Applicant’s motor vehicle, over irregular routes, aminer Leo W. Cunningham. sS vtV Prancis w - Mclnerny, 1625 K transporting: Wrecked or disabled motor No. MC 118594, filed January 28, 1959. itv ?„ N5 ’ Washington 6, D.C. Author- vehicles, including, but not limited to, Applicant: CARTAGE SERVICES, INC., _ sought to operate as a contract car- passenger cars, trucks, busses, and trail­ 3601 Wyoming Avenue, Dearborn, Mich. ronioc + motor vehicle,, over irregular ers, between Parkersburg, Wood County, Applicant’s attorney: Rex Eames, 1800 UcH 7ansporting: Meats, meat prod­ W. Va., on the one hand, and, on the Buhl Building, Detroit 26, Mich. Au­ uct* aU<* mea,t by-products, dairy prod- other, points in Ohio, Virginia, Ken­ thority sought to operate as a common par'iif!n and St. Marys ROSEN LIVESTOCK, P.O. Box 269, Crawford, Mercer, Auglaize, Marion, other c,’ . ’ and empty containers or Fairmont, Minn. Applicant’s represent­ Morrow, Darke, Shelby, Logan, Union, uch, incidental facilities used in ative; A. R. Fowler, 2288 University Delaware/ Knox. Madison, Franklin. 1444 NOTICES Champaign, Miami, Lucas, and Clark Harrison Street, Topeka, Kans. Au- County, Ohio, and extending to points Counties, Ohio. thority sought to operate as a common in Indiana, Illinois, Kentucky, Maryland, j HEARING: April 22, 1959, at the Fed­ carrier, by motor vehicle, over irregular Michigan, New Jersey, New York, Penn- j eral Building, Detroit, Mich., before routes, transporting: New farm machin­ sylvania, Virginia, West Virginia, and ; Joint Board No. 57, or, if the Joint Board ery, set-up or knocked down, from points the District of Columbia. waives its right to participate, before in the Commercial Zones of Bettendorf HEARING: April 14, 1959, in the Old Examiner C. Evans Brooks. and Davenport, Iowa, Moline, and Rock P.O. Building, Public Square and Su­ No. MC 118596, filed January 29, 1959. Island, 111., and Racine, Wis., to points perior Avenue, Cleveland, Ohio, before ^ Applicant: JOHN W. FRENCH, 9619 in Republic, Cloud, Jewell, Clay, and Examiner C. Evans Brooks. Holy Cross Road, East St. Louis, 111. Washington Counties, Kans., those in No. MC 118530, filed January 5, 1959. Authority sought to operate as a common Nuckolls, Thayer, Adams, and Jefferson Applicant: AUGUST BAMFORD, ED­ carrier, by motor vehicle, over irregular Counties, Nebr., and those in Kremlin, WIN A. BAMFORD AND AUSAN J, routes, transporting: Lime and lime­ Okla., and damaged shipments and BAMFORD, doing business as BAM­ stone, in bulk, from Mosher, Mo., to empty containers or other such inci­ FORD MOTOR COACH LINES, 2007 points in St. Clair County, 111. dental facilities (not specified), used in Whitaker Way, Munhall, Pa. Appli­ HEARING: April 10, 1959, at the U.S. transporting the above commodities on cant’s attorney: Christian V. .Graf, 11 Court House and Custom House, 1114 return. 1 North Front Street, Harrisburg, Pa. Au­ Market Street, St. Louis, Mo., before HEARING: April 28,1959, at the New thority sought to operate as a common Joint Board No. 135, or, if the Joint Hotel Pickwick, Kansas City, Mo., be­ carrier, by motor vehicle, over irregular' Board waives its right to participate, fore Examiner James H. Gaffney. routes, transporting: (1) Passengers and before Examiner James H. Gaffney. their baggage* in charter operations, be­ No. MC 118600, filed January 30, 1959. MOTOR CARRIERS OF PASSENGERS ginning and ending at points in Alle­ Applicant: A. H. MALONE, Advance, Mo. No. MC 66505 (SubJNo. 3) (REPUB­ ghany County, Pa., and extending to Applicant’s attorney: Elvis A. Mooney, LICATION), filed December 3, 1958, points in the United States; (2) Passen­ Bloomfield, Mo. Authority sought to published issue of February 11, 1959. gers and their baggage, in round-trip1 operate as a common carrier, by motor Applicant: PEERLESS STAGES, INC., special operations, beginning jand end­ vehicle, over irregular routes, transport­ 2040 Castro Street, Oakland, Calif. Ap­ ing at points in Alleghany County, Pa., ing: (1) Fertilizer, in bags, and feed, in plicant’s attorney: Spurgeon Avakian, and extending to points in the United bags, from East St. Louis, 111., to Sturdi­ First Western Building, Oakland 12, States vant, Leora, Puxico, and Advance, Mo., Calif. Authority sought to operate as HEARING: April 7,1959, at the Fulton and points within one (1) mile of each; a common carrier, by motor vehicle, over Building, , 101-115 Sixth Street, Pitts­ and (2) Ordinary livestock, from points irregular routes, transporting: Passen­ burgh, Pa., before Examiner C. Evans within fifteen (15) miles of Sturdivant, gers, in special and charter operations, Brooks. Mo., including Sturdivant, to National beginning and ending at points in Cali­ No. MC 118593, filed January 27, 1959. Stock Yards and East St. Louis, 111. fornia and extending to points in Ari­ Applicant: MOUNTAIN COACHES,INC., N o t e : Applicant states that he proposes zona, Nevada, New Mexico, and Utah. 907 South Orange Avenue, East Orange, to transport fertilizer, in bags, and Feed, in Applicant is authorized to conduct op­ N.J. Applicant’s attorney: Edw ard F. bags, in load or partial load lots, for animal erations in California. Bowes, 1060 Broad Street, Newark 2, N.J. consumption, from dealers, and manufac­ HEARING: Remains as assigned April Authority sought to operate as a common turers in East St. Louis to the above-named 13, 1959, in Room 226, Old Mint Build­ carrier, by motor vehicle, over regular destination points. ing, Fifth and Mission Streets, San Fran­ routes, transporting: I. Passengers an# HEARING: April io, 1959, at the U.S. cisco, Calif., before Examiner Mack their baggage, and newspapers and ex­ Court House and Custom House, 1114 Myers. press in the same vehicle with passengers, Market Street, St. Louis, Mo., before No. MC 117572, filed August 7, 1958. Between Livingston, N.J., and New York, Joint Board No. 135, or, if the Joint Applicant: EAGLE BUS LINES LIM­ N.Y., from the Livingston and Roseland Board waives its right to participate, ITED, 166 Provencher Avenue, St. Boni­ Municipal line on Livingston Avenue, before Examiner James H. Gaffney. face, Manitoba, Canada. Applicant’s over Livingston Avenue to junction No. MC 11860?, filed January 30, 1959. attorney: Mike Baryluk, 4th Floor Mount Pleasant Avenue in Livingston, 1 Applicant: CARL E. RIEGER, doing Crown Trust Building, 364 Main Street, thence over Mount Pleasant A venue to business as RIEGER TRUCK LINE, Winnipeg 2, Canada. Authority sought junction Municipal Plaza in West Orange Belleville, Kans. Applicant’s attorney: to operate as a contract carrier, by motor (alternate route between junction Mount John E. Jandera, 641 Harrison Street, vehicle, over irregular routes, transport­ Pleasant Avenue and Pleasant Valley Topeka, Kans. Authority sought to ing: Passengers and their baggage, in Way in West Orange and junction Mount operate as a common carrier, by motor the same vehicle with passengers, in Pleasant Avenue and Prospect Avenue vehicle, over irregular routes, transport­ round-trip charter operations, beginning in West Orange, from junction Mount ing: Processed mill feeds, animal and and ending at ports of entry on the in­ Pleasant Avenue and Pleasant Valle« poultry feeds, in bulk and in packages ternational boundary line between the Way in West Orange over Pleasant VaJ*.' and containers, from St. Joseph and United States and Canada located in ley Way to junction Eagle Rock Avenu Kansas City, Mo., to points in Washing­ North Dakota and Minnesota and ex­ in West Orange, thence over Eagle.Roc* ton, Clay, Dickinson, Ottawa, Cloud, tending to points in North Dakota, Min- Avenue to junction Prospect A venue in Republic, Jewell, Mitchell, Lincoln, i nesota, Wisconsin, Illinois, Montana, and West Orange, thence over P r o s p e c t Ave­ Osborne, Smith, Phillips, Rocks, Graham, Michigan. nue to junction Prospect A v en u e an and Norton Counties, Kans., and points HEARING: April 29, 1959, in the U.S. Mount Pleasant Avenue ih West Orange» in Nuckolls, Thayer, Adams, and Jeffer­ Court Rooms, Fargo, N. Dak., before thence over .Municipal Plaza to son Counties, Nebr., and empty con­ Examiner Leo W. Cunningham. Main Street, Northfield Avenue an d vw| tainers or other such incidental facilities No. MC 117829, filed November 13,1958. ley Road in West Orange, thence¡ over (not specified) used in transporting the Applicant: MERLIN L. VAN VOORHIS, Main Street to junction Prospect commodities specified in this application doing business as THE E. AND M. in East Orange, thence over Pr08^. and damaged shipments of the above TRANSIT COMPANY, R.F.D. 2, Box 141, Street to junction Springdale A venue specified commodities on return. East Canton, Ohio. Applicant’s repre­ East Orange, thence over Springdale a HEARING: April 23, 1959, at the New sentative: John R. Meeks, 607 Copley nue to junction Garden State Mar£ria*j Hotel Pickwick, Kansas City, Mo., before Road, Akron 20, Ohio. Authority sought Highway Northbound in East Joint Board No. 140, or, if the Joint to operate as a common carrier, by motor thence over Garden State .Marg Board waives its right to participate, vehicle, over irregular routes, transport­ Highway Northbound to junction Ac before Examiner James H. Gaffney. ing: Passengers and their baggage, in Road No. 147 Garden State Paikwjjj No. MC 118602 (Sub No. 1), filed Janu­ the same vehicle with passengers, in East Orange, thence over Access ary 30, 1959. Applicant: CARL E. special and charter operations, begin­ No. 147 Garden State Parkway w RIEGER, doing business as RIEGER ning and ending at points in Carroll, Garden State Parkway, thence over ^ TRUCK LINE, Belleville, Kans. Appli­ Stark, and Tuscarawas Counties, Ohio, Garden State Parkway to junction cant’s attorney: John E. Jandera, 641 except Alliance and Massillon, in Stark den State Exit Road No. 153 in Pass»1 Thursday, February 26, 1959 FEDERAL REGISTER 1445 thence over Garden State Exit Road No. East Orange. Serving all intermediate with U.S. Highway 84, thence over U.S. 153 to junction New Jersey Highway 3 points west of and including junction Highway 84 to junction with Mississippi in Passaic, thence over New Jersey High­ Municipal Plaza and Mount Pleasant Highway 15 at Laurel, Miss., thence over way 3 and the Lincoln Tunnel to New Avenue in West Orange, N.J. Mississippi Highway 15 to junction with York, N.Y., and return over the same HEARING: April 6, 1959, at the New U.S. Highway 98, and thence over U.S. routes except as follows between junc­ Jersey Board of Public Utility Commis­ Highway 98 to Mobile, and return over tion Garden State Parkway and Garden sioners, State Office Building, Raymond the same route, serving no intermediate State Parkway Exit Road No. 147 in East Boulevard, Newark, N.J., before Joint points, as an alternate route for operat­ Orange and junction Clinton Street and Board No. 3. ing convenience only, in connection' with Springdale Avenue in East Orange where applicant’s authorized regular route route is from junction Garden State Application for B rokerage License operations. Applicant is authorized to Parkway and Garden State Parkway MOTOR CARRIERS OF PROPERTY conduct operations in Alabama, Arkan­ Exit Road No. 147 in East Orange over sas, Illinois, Kansas, Louisiana, Missis­ Garden State Parkway Exit Road No. No. MC 12691, filed January 15, 1959. sippi, Missouri, Oklahoma, Tennessee, 147 to junction Clinton Street in East Applicant: WALTER EARL ROBERTS, drlicl T gx&s Orange, thence over Clinton Street to 712 Clara Avenue, St. Louis, Mo. For a No. MC *108358 (Sub No. 6), filed Feb­ junction Springdale Avenue 'i n East license (BMC 4) to engage in operations ruary 14, 1959. Applicant: CONCRETE Orange. Serving all intermediate points as a broker at points in the St. Louis, Mo., DELIVERY CO., INC., 7 North Stella- west of and including junction Munic­ Commercial Zone, and points in Missouri wanna Avenue, Lackawanna, N.Y. Ap­ ipal Plaza and Mount Pleasant Avenue in arranging for the transportation by plicant’s representative: Floyd B. Piper, in West Orange, N. J. II. Passengers and motor vehicle, in interstate or foreign Crosby Building, Buffalo 2, N.Y. Author­ their baggage, and newspapers and ex­ commerce, of Genera\l commodities, in­ ity sought to operate as a contract car­ press in the same vehicle with passen­ cluding Class A and B explosives, house­ rier, by motor vehicle, over irregular gers, Between Essex Pells, N.J., and New hold goods as defined by the Commission, routes, transporting: Cinders, sand, York, N.Y., from junction Roseland Ave­ commodities in bulk, and those requiring gravel, stone and slag, including such nue and Manheim Road, Essex Fells, N. J., special equipment, but excluding com­ commodities when coated with asphalt, over Roseland Avenue to junction Eagle modities of unusual value, between in bulk, in dump motor vehicles, from Rock Avenue in Roseland, thence over points in the St. Louis, Mo., Commercial points in Allegany, Cattaraugus, Erie, Eagle Rock Avenue to junction Pleasant Zone, and those in Missouri on the one Niagara, and Steuben Counties, N.Y., Valley Way in West Orange, thence over hand, and, on the other, points in the to points in Cameron, Clarion, Crawford, Pleasant Valley Way to junction Mount United States, including1 Alaska. Clearfield, Elk, Erie, Forest, Jefferson, Pleasant Avenue in West Orange, thence - HEARING: April 9, 1959, at the U.S. McKean, Mercer, Potter, Tioga, Venango, over Mount Pleasant Avenue to junction Court House and * Custom House, 1114 and Warren Counties, Pa. Applicant is Municipal Plaza in West Orange (alter- Market Street, St. Louis, Mo., before authorized to conduct operations in New , nate route between junction Eagle Rock Joint Board No. 179, or, if the Joint York and Pennsylvania. Avenue and Pleasant Valley Way in West Board waives its right 4;o participate, be­ No. MC 108678 (Sub No. 29), filed Orange and junction Mount Pleasant fore Examiner James H. Gaffney. January 9, 1959. Applicant: LIQUID Avenue and Prospect Avenue in West TRANSPORT CORP., 3901 Madison Orange, from junction Eagle Rock Ave­ Applications in W hich Handling W ith­ out Oral H earing Is R equired Avenue, Indianapolis, Ind. Applicant’s nue and Pleasant Valley Way in West- attorney: William J. Guenther, 1511-14 Orange over Eagle Rock Avenue to junc­ MOTOR CARRIERS OF PROPERTY Fletcher Trust Building, Indianapolis, tion Prospect Avenue in West Orange, No. MC 29120 (Sub No. 55), filed Jan­ Ind. Authority sought to operate as a thence over Prospect Avenue to junc­ uary 26, 1959. Applicant: WILSON contract carrier, by motor vehicle, over tion Mount Pleasant Avenue in West irregular routes, transporting: Corn Orange, thence over Mount Pleasant STORAGE AND TRANSFER CO., 110 North Reid Street, Sioux Falls, S. Dak. steepwater, in bulk, in tank vehicles, Avenue to junction Municipal Plaza in Authority sought to operate as a com­ fronf Argo and Pekin, HI., to Terre West Orange), thence over Municipal mon carrier, by motor vehicle, over reg­ Haute, Ind. Applicant is authorized to Plaza to junction Main Street, Northfield ular routes, transporting: General com­ conduct operations in California, Avenue and Valley Road in West Orange, Georgia, Illinois, Indiana, Iowa, Ken­ thence over Main Street to junction modities, except those of unusual value, Class A and B explosives, household tucky, Louisiana, Michigan, Missouri, Prospect Street in East Orange, thence goods as defined by the Commission, North Carolina, Ohio, Tennessee, West over Prospect Street to junction Spring- Virginia, and Wisconsin. flaie Avenue in East Orange, thence over commodities in bulk, and those requir­ Springdale Avenue to junction Garden ing special equipment, between Worth­ Non?:: A proceeding has been instituted tate Marginal Highway Northbound in ington, Minn., and the junction of U.S. under section 212(c) in No. MC 108678 (Sub Highway 59 and Iowa Highway 9, north No. 21) to determine whether applicant’s tast Orange, thence over Garden State status is that of a common or contract car­ marginal Highway Northbound to junc- of Allendorf, Iowa, over U.S. Highway 59, serving no intermediate points, for rier. Applicant states it proposes to trans­ P o lAccess Road No- 14? Garden State port the commodity requested in the instant . „ *n East Orange, thence over joinder purposes only, as an alternate application under contract with Corn Prod­ route for * operating convenience only. ucts Refining Co. Applicant further states Road No- 147 Garden State Park- Applicant is authorized to conduct oper­ it has a pending application under MC n y Garden State Parkway, thence ations in Indiana, Illinois, Iowa, Minne­ 108678 (Sub No. 13) requesting the above- tinr. o e ? arden State Parkway to junc- sota, North Dakota, South Dakota, and specified authority, limited to transportation Pa°LGarlen State Exit Road No. 153 in Nebraska. under contract with Charles Pfizer Company, th!nce over Garden State Exit No. MC 75320 (Sub No. 88), filed Feb­ Inc., ,and that the purpose of the instant RiffV.nT^°‘o *°- iunction New Jersey application is to add the contracting shipper ruary 16, 1959. Applicant: CAMPBELL of Corn Products Refining Co. JersJTu- 3uin Passaic> thence over New SIXTY SIX EXPRESS, INC., P.O. Box n„i Highway 3 and the Lincoln Tun- 390, Springfield, Mo. Applicant’s attor­ No. MC 109689 (Sub No. 86), filed the sflmeW Y°rk> N-Y-> and return over ney: W. C. Dannevik (same address as January 26, 1959. Applicant: W. S. twepn r.®utes except as follows be- applicant). Authority sought to operate HATCH CO., a Utah, corporation, 643 and r i ^ Ctl0n Garden State Parkway as a common carrier, by motor vehicle, South 800 West, Woods Cross, Utah. No SSri aJ?tate Parkway Exit Road over regular routes, transporting: Gen­ Authority sought to operate as a common Clinton oii I7ast Grange and junction eral-commodities, except those of un­ carrier, by motor vehicle, over irregular East on?ntreet and Springdale Avenue in usual value, Class A and B explosives, routes, transporting: Corn syrup, in­ S S S i r route is from junc- household goods as defined by the Com­ cluding blends of corn syrup and liquid StateParkwQStp'te-+.Park;way and Garden mission, commodities in bulk, and those sugar, vegetable oils, animal oils, fish Oransrpnv^/^Exit RoadNo- 147 in East requiring special equipment, between oils and tallow, in bulk, between points RoadSNo i47Gtarden State Parkway Jackson, Miss., and Mobile, Ala*: from in Utah. Applicant is authorized to in PnT'i;47 t0 Junction Clinton Street Jackson over U.S. Highway 49 to junc­ conduct operations in Utah, Nevada, Street t^ ? ran?e* thence over Clinton tion with Mississippi Highway 20, thence Idaho, Oregon, Colorado, Montana, and junction Springdale Avenue in No. 39___ r over Mississippi Highway 20 to junction Wyoming. 1446 NOTICES Note: Applicant indicates that the above .over Indiana Highway 9 to junction U.S. over the same route, serving all inter­ service will be conducted between rail cars Highway 6, and thence over U.S. High­ mediate points, with service to be con­ in Utah and points in Utah. way 6 to Nappanee, and return over the ducted in special operations only. Ap­ No. MC 112595 (Sub No. 17), filed same route serving the intermediate plicant is authorized to • conduct opera­ February 16, 1959. Applicant: FORD points of Avilla and Albion, and the off- tions throughout the United States. BORTHERS, INC., 2940 South Third route point of Syracuse; (3) from Albion Note: Applicant indicated that the pur­ Street, Ironton, Ohio. Applicant’s a t­ over unnumbered highway westwardly to pose of this application is to establish an torney: Charles T. Dodrill, 600 Fifth junction U.S. Highway 33, thence over additional and more direct special operations Avenue, Huntington, W. Va. Authority U.S. Highway 33 to junction Indiana route between Truckee and Kings Beach, to sought to operate as a common carrier, Highway 8, thence over Indiana High­ be designated as California Route-No. 71-A by motor vehicle, over irregular routes, way 8 to Junction Indiana Highway 5, (in Certificate No. MC 1501 Sub No. 138), as thence over Indiana Highway 5 to junc­ a segment of the route to be used for trans­ transporting: Coal tar products (benzol, portation of-interstate traffic of applicant toluol and xylol), in bulk, in tank tion U.S. Highway 33, and thence over now moving in special operations from points vehicles, from Middletown, Ohio, to U.S. Highway 33 to junction U.S. High­ in the San Francisco Bay Area, Modesto, An­ Moundsville, W. Va., and returned, and way 6, and return over the same route, tioch, and Redding to Crystal Bay, Nev., over rejected shipments of the above- serving the intermediate points of Kim- applicant’s authorized routes. described commodities, on return. Ap­ mell and Cromwell; (4) from junction plicant is authorized to conduct opera­ unnumbered highway and U.S. Highway No. MC 59155 (Sub No. 22), filed Febru­ tions in West Virginia, Kentucky, Ohio,. 33 near Kimmell, over U.S. Highway 33 ary 5, 1959. Applicant: REYNOLDS Virginia, and Michigan. to junction U.S. Highway 33 and Indiana TRANSPORTATION COMPANY, a cor­ Highway 5, and returh over the same poration, 30 North Kanawha Street, Note: Applicant requests that this appli­ Buckhannon, W. Va. Authority sought cation be considered for the purpose of route; and (5) from junction U.S. High­ removing any tacking gateway, necessary to way 6 and Indiana Highway 9, over U.S. to operate as a common carrier, by motor be used, in transporting the commodities Highway 6 to Kendallville, and thence vehicle, over a regular route, transport­ described herein from the plant of Armco over Indiana Highway 3 to Avilla, and ing: Passengers and their baggage, and Steel Corporation in Middletown, Ohio, return over the same route, serving no express, newspapers and mail in the same destined to Moundsville, W. Va. intermediate points, for operating con­ vehicle with passengers, between Junc­ venience only. tion U.S. Highway 219 and West Virginia No. MC 115824 (Sub No. 4), filed Feb­ Highway 24 (Silverlake), and Oakland, ruary 12, 1959. Applicant: LESTER Note: Applicant states that the following Md., from junction U.S. Highway 219 PETERSEN, 410 Malin Street, Mankato, restrictions shall apply to the proposed op­ Minn. Applicant’s attorney: Hoyt erations: That the service to be performed and West Virginia Highway 24 over U.S. Crooks, 842 Raymond Avenue, St. Paul by applicant shall be limited to service which Highway 219 through Redhouse, Md., to 14, Minn. Authority sought to operate is auxiliary to, or supplemental of, rail serv­ Oakland, and return over the same route, ice of The Baltimore and Ohio Railroad serving all intermediate points. Appli­ as a contract or common carrier, by Company. Applicant shall not serve or in­ cant is authorized to conduct operations motor vehicle, over irregular routes, terchange traffic at any point not a station transporting: Soybean meal, in sacks or in Maryland, Virginia, and West Vir­ or industry on the rail line of such railroad. ginia. in bulk, from Mankato, Minn., to points All shipments to be transported shall be in Montana, Wyoming and Nebraska, and limited to those moving on a through bUl Note: Applicant states it now has author­ to points in Iowa except those in Lyon, of lading, covering in addition to a motor ity to operate between Elkins, W. Va., and Osceola, Dickinson, Emmet, Kossuth, carrier movement by applicant, an immedi­ Junction U.S. Highway 219 and West Vir­ Sioux, O’Brien, Sac, Clay, Palo Alto, ately prior or subsequent movement by rail, ginia Highway 24 over West Virginia High­ on rail cars. way 24 as a part of the route between Elkins Plymouth, Cherokee, Buena Vista, Wood­ and Aurora, Wr'Va.; that concurrently here­ bury, and Ida Counties, and empty con­ No. MC 118627, filed February 12, 1959. with a petition is being filed by applicant to tainers or other such incidental facilities Applicant: CLELAN E. MARTIN, Con­ cancel or revoke the route between Junction (not specified) used in transporting the cord, Ark. Applicant’s attorney: M. F. U.S. Highway 219 and West Virginia Highway above-specified commodity on' return. Highsmith, North Arkansas Bank Build­ 24 to Aurora, W. Va. Applicant is authorized to conduct oper­ ing, Batesville, Ark. Authority sought No. MC 106798 (Sub No. 5), filed ations in Iowa, Minnesota, South Dakota, to operate as a contract carrier, by mo­ February 14,1959. Applicant: BRIDGE- and Wisconsin. tor vehicle, over regular routes, trans­ iO N TRANSIT, a corporation, 690 North Note: A proceeding has been instituted porting: Poultry feed and feed concen­ Pearl, Bridgeton, N.J. Applicant’s attor­ under section 212(c) of the Interstate Com­ trates (90 percent bulk feed), from Kan­ ney: Robert G. Howell, 102 West Broad merce Act to determine whether applicant’s sas City, Mo., to Batesville, Ark.: from Street, Bridgeton, N.J. Authority sought status is that of a contract or common car­ Kansas City over U.S. Highway 71 to to operate as a common carrier, by motor rier, assigned Docket No. MC 115824 (Sub junction Missouri Highway 35 at or near vehicle, over regular routes, transport­ No. 3). Harrisonville, Mo., thence over Missouri ing: Passengers and their baggage in the No. MC 118617, filed February 6, 1959. Highway 35 to Clinton, Mo., thence over same vehicle with passengers, between Applicant: E. A. HOWARD, South Lee Missouri Highway 13 to Springfield, Mo., Atsion, N.J., and Bordentown, N.J.: from St. Extended, Garrett, Ind. Applicant’s thence easterly over U.S. Highway 60 to the intersection of U.S. Highway 206 an attorney: Robert O. Smith, Jr., The Bal­ Cabool, Mo., thence over U.S. Highway New Jersey Highway 541

at pages 1042 and 1043 filed January 29, R egister on page 10200. Supplement Ind., thence over Indiana Highway 21 to 1959. Applicant: JACK C. ROBINSON, filed February 16, 1959, to show joinder junction Indiana Highway 22, and doing business as ROBINSON FREIGHT of WILFRED JOSSY, 759 Roanoke, thence over Indiana Highway 22 to Gas LINES, 309 Humes Street, Knoxville, Bend, Oreg., and WILLIAM JOSSY City, Ind.; _general commodities vqth Tenn. Applicant’s attorney: James W. (WILFRED JOSSY, EXECUTOR), as certain exceptions including household Wrape, Sterick Building, Memphis 3, the person in control of vendee. goods and commodities in bulk, over ir­ Tenn. Authority sought to operate as a No. MC-F-7105. Authority sought for regular routes, between Jonesboro, common carrier, by motor vehicle, over purchase by SECURITY STORAGE & Muncie, Marion, Gas City, and Winches­ regular routes, transporting: General VAN COMPANY, INC. (Alabama Corpo­ ter, Ind., and points within one mile of commodities, including Class A and B ration), 533 City Park Avenue, P.O. Box Winchester, on the one hand, and, on explosives, (1) between Chattanooga, 1148, New Orleans, La., of the operating the other, Kansas City, and St. Louis, Tenn., and Memphis, Tenn., over U.S. rights of SKELLET VAN AND STORAGE Mo., Chicago, Peoria, Glenview, Streator, Highway 64, serving the intermediate COMPANY, 251 Portland Avenue, Min­ and Alton, 111., Louisville, Ky., and points point of Hale Bar Dam: (2) between neapolis, Minn., and for acquisition by in Ohio, between Cincinnati, Reading, Greeneville, Tenn., and Bristol, Tenn., HOWARD WOLCHANSKY, also of New and Columbus, Ohio, Chicago, Chicago over Ü.S. Highway HE via Johnson City, Orleans, La., of control of such rights Heights, Alton, and Lawrenceville, 111., and (b) over U.S. Highways 19 and 19E through the purchase. Applicants’ at­ and St. Louis, Mo., on the one hand, and, via Elizabethton, Tenn., serving all in­ torneys: Carll V. Kretsinger and Tom on the other, points in Indiana, and from termediate points; (3) Between Knox­ B. Kretsinger, 1014-18 Temple Building, Winchester, Ind., and points within ville, Tenn., and Bristol, Tenn., over U.S. Kansas City 6, Mo. Operating rights one mile of Winchester, -to- Lawrence- Highway 11W-serving the intermediate sought to be transferred r Household burg, Ind.; between points in the Chi­ point of Kingsport, Term.; (4) between goods, as defined in Practices of Motor cago, 111., Commercial Zone, as defined Chattanooga, Tenn., and Knoxville, Common Carriers of Household Goods, by the Commission in LM.C.C. 673; and Tenn., via Ooltewah, Mineral Park, Mac­ 17 M.C.C. 467, as a common carrier, over between points in Ohio north of U.S. Donald, Vonore, Maryville, and Alcoa irregular routes, between points in Col­ Highway 40, on the one hand, and, on over Tennessee Highways 2, 74, 33, and orado, Connecticut, Illinois, Indiana, the other, Chicago and Chicago Heights, 73 serving all intermediate points except Iowa, Kentucky, Maryland, Michigan, Hl.r tank blocks, glass moulds, cullet, those between Cleveland and Chatta­ Minnesota, Missouri, Nebraska, New machinery, and parts, fire clay, and fire nooga; (5) between Knoxville, : Tenn., Jersey, New York, North Dakota, Ohio, clay brick, between Huntington, Fair- and Copperhill, Tenn., via Alcoa, Mary­ Pennsylvania, South Dakota, Tennessee, mount, and Charleston, W. Va„ Colum­ ville, Vonore, Madisonville, Englewood, Virginia, Wisconsin, West Virginia, and bus, Toledo, Oak Hill, Cincinnati, and Etowah, Wetmore, Benton, Parksville, the District of Columbia. Vendee is au­ Steubenville, Ohio, Louisville, Ky., Hills­ Ducktown, and Isabella over Tennessee thorized to operate as a common carrier boro, 111., and Muncie, Marion, Gas City, Highways 73, 33, 74, and 40 serving all in Louisiana, Mississippi, Tennessee, Terre Ha,ute, and Winchester, Ind., and intermediate points; (6) between Eto­ Arkansas, Georgia, Florida, Missouri, points within one mile of Winchester; wah, Tenn., and Athens, Tenn., over Illinois, Alabama, Texas, South Carolina, wire, between Jonesboro, Ind., on the Tennessee Highway 30 serving all inter­ North Carolina, Virginia, Maryland, New one hand, and, on the other, points in mediate points but restricted against the Jersey, New York, Oklahoma, Oregon, the lower peninsula of Michigan; ferti­ handling of traffic between Chattanooga Arizona, Washington, California, and the lizer, from Louisville, Ky., to points in and Athens, Tenn.; (7) between Cleve­ Distrièt of Columbia. Application has that part of Indiana east of a line begin­ land, Tenn., and Greeneville, Tenn., over been filed for “temporary authority under ning at Michigan City, Ind., and extend­ Tennessee Highways 2,1, 9, and 34, serv­ section 210 a (b). ing in a southerly direction along U.S. ing all intermediate points except those No. MC-F-7106. Authority sought for Highway 35 to Burlington, Ind., thence between Cleveland and Loudon, Tenn.; control and merger by CENTRAL WIS­ along Indiana Highway 29 to Indian­ 18) between Elizabethton, Tenn., and CONSIN MOTOR TRANSPORT COM­ apolis, Ind., thence along U.S. Highway Boone, N.C., as follows: Elizabethton, PANY, 610 High Street, Wisconsin 31 to junction U.S. Highway 31W, and Tenn., to Elk Park, N.C., via U.S. High­ Rapids, Wis., of the operating rights and thence along U.S. Highway 31W to the way 19E; Elk Park, N.C., to Adams, N.C., property of HARWOOD TRUCKING, Indiana-Kentucky State line, including North Carolina Highway 194; INC., /P.O. Box 30, Gas City, Ind., and points on the indicated portions of the Adams, N.C., to Boone, N.C., via U.S. for acquisition by ARTHUR CLARK, also highways specified; strawboard and Highway 421, serving no intermediate of Wisconsin Rapids, Wis., and HAROLD straw papers, from Noblesville, Ind., to Points. Applicant is presently author­ CLARK, Route 1, Oakfield, Wis., of con­ Chicago, 111., Dayton, Ohio, and St. ised to conduct the operations described trol of such rights and property through Louis, Mo.; glass, glass products, and n Routes 1 through 7 inclusive, by vir- the transaction. Applicants’ attorneys: caps, covers, tops and rubber rings for filing under the second proviso of Jamès K. Knudson, 1821 Jefferson Place glass containers, from Gas City, Muncie, action 206(a) (1) of the Interstate NW., Washington 6, D.C., and Franklin Marion, and Winchester, Ind., and points roi1I*n:Lerce Ac^' This matter is directly R. Overmyer, 111 West Monroe Street, within one mile of Winchester, to points \kh*-to MC_P 7089> which was pub- Chicago 3, 111. Operating rights sought in Wisconsin, West Virginia, those in 4 1959m Pederai' R egister February to be controlled and merged : Pig iron, as Illinois except Chicago, Peoria, Glen­ a common carrier over regular routes, view, Streator, and Alton, those in Mis­ from Hamilton, Ohio, to Upland, Ind., souri except Kansas City and St. Louis, Applications U nder S ections 5 and those in Kentucky except Louisville, and 210a(b) and from Hamilton over U.S. Highway 127 to Eaton, Ohio, thence- over U.S. those in the lower peninsula of Mich­ ernirfv,fo3î?wing applications are gov-* Highway 35 to Muncie, Ind., thence over igan; roofing and siding and roofing and m£?nStheInterstate Commerce Com- Indiana Highway 3 to Hartford City, siding materials, from Clearing, 111., and of filias ®pecial rules governing notice Ind., and thence over Indiana Highway East Chicago, Ind., to points in Indiana; of Drmfo°f apPlications by motor carrier 22 to Upland; hand trucks, from South iron and steel articles, from Evanston 5(a) Passengers under section Columbus, Ohio, to Gas City, Ind., and and Harvey, 111., to points in Indiana; merce am*10ai b) of the Interstate Com- from South Columbus, over U.S. High­ stoves and stove parts, from Harvey, 111., matteri i f ? certain other procedural way 40 to Richmond, Ind., thence over to points in Indiana, and rejected ship­ 1-240). W th resPect thereto (49 CFR U.S. Highway 35 to Jonesboro, Ind., and ments of all commodities listed above, thence over Indiana Highway 22 to Gas from the above-specified destination points to the above designated origin Motor carriers op property City, Ind.; empty cans and can covers, from Chicago, HI., to Gas City, Ind., and points; salt and salt compounds, in from Chicago over U.S. Highway 41 to quantities of not less than 20,000 consignor, from points in Okla­ control of such rights through the pur­ and north of U.S. Highway 40, except homa to points in Louisiana; fresh and chase. Applicants’ representative: H. Indianapolis, Terre Haute, Richmond, canned sea foods, nuts, sugar, fresh and Lauren Lewis, President, Midwest Coast Winchester, Muncie, Fort Wayne, Mar­ frozen fruits and vegetables, chinaware, Transport, Inc., P.O. Box 747, Sioux Falls, ion, Kokomo, Anderson, Portland, syrup, and mirrors, minimum 14,000 S. Dak. Operating rights sought to be Noblesville, New Castle, Hartford City, pounds from one consignor, from points transferred: General commodities with and Albany, Ind.; asbestos building, in Louisiana to points in Oklahoma; ex­ certain exceptions including household roofing, and sheeting paper, including tracts, flavoring concentrates, syrups, goods and commodities in bulk, as a felt paper, saturated or not saturated, and petroleum products in containers, common carrier, over regular routes, not coated nor corrugated, asbestos from Oklahoma City, Okla., to points between Plainville, Conn., and James­ wallboard, plain or polislied, not orna­ in Louisiana; asphalt, and roofing and town, N.Y., serving no intermediate mented, painted, glazed, enameled nor building materials, from Shreveport, La., points; washing, ironing, and voting shaped, asphalt, felt and paper, building, and points within five miles thereof, to -machines, and iron, steel, and aluminum roofing, or sheeting, felt and paper sound points in Oklahoma on and east of a articles, from Jamestown, N.Y., to Pitts­ deadening material, saturated or coated- line consisting of U.S. Highway 281 from burgh, Pa., serving certain intermediate with asphalt, pitch or similar materials the Kansas-Oklahoma State line to and off route points, restricted to delivery and surfaced or not surfaced with talc, Seiling, and thence U.S. Highway 183 only, as follows: (From Jamestown over mica, soapstone, crushed slate, vermicu- from Seiling to the Oklahoma-Texas unnumbered highway through Busti, lite, or similar materials, roofing, com­ State line; fertilizer, from Shreveport, N.Y., to Sugar Grove, Pa., thence oyer position or prepared, roofing pitch, La., to points in Oklahoma; canned vege­ Pennsylvania Highway 69 to junction shingles, asphalt, shingles, asphalt, with table and sauces, from St. Martinville, Pennsylvania Highway 27, thence oyer wood base, shingles, hard asbestos (ar­ La., to Oklahoma City, Okla.; petroleum Pennsylvania Highway 27 to junction tificial stone shingles or slates), siding, products, in containers, from Tulsa, Pennsylvania Highway 227, thence over asphalt or asbestos, boards and planks, Okla., to points in Louisiana; shingles, Pennsylvania Highway 227 to junction asphalt composition paving or flooring, and articles used in the installation of Pennsylvania Highway 8, thence over board, wall or ceiling, fibreboard or shingles, from New Orleans, La., to points Pennsylvania Highway 8 to Pittsburgh, pulpboard, carpet lining, paper, includ­ in Oklahoma. Vendee is authorized to and from Jamestown over New York ing felt paper, plain, other than in­ operate as a common carrier in Louisi­ Highway 60 to junction U.S. Highway 62, dented, cotton cloth, saturated or coated ana, Oklahoma, Texas, Arkansas, Colo­ thence over U.S. Highway 62 to junction with asphalt, eave filler strips and flash­ rado, and Kansas. Application has been U.S. Highway 6, thence over U.S. High­ ing blocks, asphalt composition, gravel, filed for temporary authority under sec­ way 6 to junction Pennsylvania Highway paving joints, expansion, asphalt, as­ 27, thence over the route specified im­ phalt base, or rubber composition, roof­ tion 210a(b). mediately above to Pittsburgh); mate- ing tar and cement, roof coating (not No. MC-F-7108. Authority sought for rials equipment, and supplies used m paint or stain) having asphalt, pitch, purchase by MAY GREVER and CLYDE the manufacture of washing, ironing; tar, or rosin base, roofing granules, as GREVER TRUCKING CO., 6315 West and voting machines, and iron, steel, ana crushed stone, slate, slag, gravel, and Eighth Street, Tulsa, Okla., of a portion aluminum articles, from Pittsburgh, Pa» iron ore tailings, slag, tin roofing caps, of the operating rights of R. L. ROGERS, to Jamestown, N.Y., serving certain nails, metal fasteners and clamps, clay H. L. ROGERS and H. L. ROGERS, intermediate and off-route points, ana flashing blocks, asbestos ridge rolls, cor­ JR., a partnership, doing business as points within 25 miles of Pittsburgh, re* rugated asbestos roofing and sheeting ROGERS TRUCK LINE, Sidney, Nebr. stricted to pick-up only; household gooas hard flat asbestos sheeting, from Lock- Applicants’ attorneys: W. T. Brunson, as defined by the Commission, over land, Ohio, to points in Indiana, and 508 Leonhardt Building, Oklahoma City, irregular routes, between. Plainvili , rejected shipments of the above-speci­ Okla., and Ewell H. Muse, Jr., Perry- Conn., and points within five miles oi fied commodities, from points in Indiana Brooks Building, Austin, TeX. Operat­ Plainville, on the one hand, and, on tne to Lockland, Ohio. CENTRAL WIS­ ing rights sought to be transferred: other, points in Maine, New Hampshire, CONSIN MOTOR TRANSPORT COM­ Machinery, equipment, materials, and Vermont, Massachusetts, Rhode Island, PANY is authorized to operate as a com­ supplies used in, or in connection with, New York, and New Jersey; kitchen sinus mon carrier in Minnesota, Illinois and the discovery, development, production, and cabinets, and washing machines an Wisconsin. Application has been filed refining, manufacture, processing, stor­ parts thereof, from Youngstown, War­ for temporary authority under section age, transmission, and distribution of ren, and Salem, Ohio, to Hartford» 210a(b). natural gas and petroleum, and their Bridgeport, and New Haven, Conn., r No. MC-F-7107. Authority sought for products and by-products, and machin­ jected shipments of the commodity purchase by RED BALL, INC., 701 East ery, materials, equipment, and supplies specified immediately above, from Hart­ Dewey, Sapulpa, Okla., of the operating used in, or in connection with, the con­ ford, Bridgeport, and New Haven, Conn., struction, operation, repair, . servicing, to Youngstown, Warren, and Salem, rights and property of OKLAHOMA- maintenance, and dismantling of pipe Ohio; kitchen cabinets and sinks¡ana LOUISIANA MOTOR FREIGHT CO., lines, including the stringing and pick­ parts thereof, from Jamestown, N-Y., Box 2667, Stockyards Station, Oklahoma ing up of pipe, except the stringing or Hartford, Bridgeport, and New Haven, City, Okl^., and for acquisition by EARL picking up of pipe in connection with ,.Conn.; rejected shipments of the coti- FOSTER, Box 3127, Oklahoma City, main pipe lines, as a common carrier modities specified immediately .abov , Okla., and FIRST NATIONAL BANK & over irregular routes, between points in from Hartford, Bridgeport, and New TRUST CO., First National' Building, Texas on the one hand, and, on the Haven, Conn., to Jamestown, N.Y. ; Tulsa, Okla.. (Trustees), of control of other, points in Colorado, Wyoming, ing machines and automatic nov Thursday, February 26, 1959 FEDERAL REGISTER 1449 laundry equipment and parts thereof, thence over U.S. Highway 49 to Jackson. No. MC 74721 (Deviation No. 5), MO­ from Clyde, Ohio, to Hartford, Conn.; No. MC 18264 (Deviation No. 3), TOR CARGO, INC., 1540 West Market and rejected shipments of the commodi­ HARTFORD TRANSPORTATION CO., Street, Akron 13, Ohio, filed February ties specified immediately above, from INCORPORATED, 2434 Berlin Turnpike, 16, 1959. Carrier proposes to operate Hartford, Conn., to Clyde, Ohio. Vendee Newington, Conn., filed February 18, as a common carrier by motor vehicle is authorized to operate as a common 1959. Carrier proposes to operate as a of general commodities, with certain ex­ carrier in Washington, North Dakota, common carrier by motor vehicle of gen­ ceptions, over two deviation routes, (A) South Dakota, Oregon, Minnesota, Iowa, eral commodities, with certain excep­ between junction U.S. Highway 224 Utah, California, Nevada, Nebraska, tions, over a deviation route, between the (new) and U.S. Highway 21 (old) and Idaho, Montana, Maine, New Hampshire, Western Terminus of the New England junction relocated U.S. Highway 224 Vermont, Massachusetts, Rhode Island, Section of the New York State Thruway (new) and U.S. Highway 42, approxi­ Connecticut, New Jersey, New York, and at the intersection of Bruckner Boule­ mately one mile south of old U.S. High­ Pennsylvania. Application has not been vard and Westchester Avenue in the way 224, as follows: from junction new filed for temporary authority under sec­ Bronx, Ne.W York City, N.Y., and the U.S. Highway 224 and U.S. Highway 21 tion 210a (b). junction of the Bryam River Bridge at (old) over relocated U.S. Highway 224 By the Commission. the New York-Connecticut State line to junction U.S. Highway 42; and (B) with the Western Terminus of the Con­ between Mansfield, Ohio, and Bellville, [seal] Harold D. McCoy, necticut Turnpike near Port Chester, Ohio, as follows: from Mansfield over Secretary. N.Y., as follows: from the Western Ter­ relocated Ohio Highway 13 to Bellville; [PA. Doc. 59-1653; Filed, Feb. 25, 1959; minus of the New England Section of and return over the same route, for 8:50 a.m.]v the New York State Thruway over the operating convenience only, serving no New England Section of the New York intermediate points. The notice indi­ State Thruway and access routes to the cates that the carrier is presently au­ [Notice 74] junction of the Bryam River Bridge with thorized to operate over the following the Western Terminus of the Connecti­ pertinent routes: from Akron, Ohio over MOTOR CARRIER ALTERNATE ROUTE cut Turnpike and return over the same U.S. Highway 224 to Anoka, Minn.; from DEVIATION NOTICE route, for operating convenience only, Cleveland, Ohio, over U.S. Highway 42 to Indianapolis, Ind.; and from Colum­ F ebruary 2ft, 1959. serving no intermediate points. The notice indicates that the carrier is bus, Ohio, over Ohio Highway 13 to The following letter-notices of pro­ Mansfield, Ohio; and return over the posals to operate over deviation routes presently authorized to transport the same commodities between Berlin, Conn., same routes. for operating convenience only with no No. MC 78632 (Deviation' No. 1), service at intermediate points have been and New York, N.Y., over the following pertinent route: from Berlin over Alter­ HOOVER MOTOR EXPRESS COM­ filed with the Interstate Commerce Com­ PANY, INC., Polk Avenue, P.O. Box 450, mission, under the Commission’s Special nate U.S. Highway 5 to junction U.S. Highway 5, thence over U.S. Highway 5 Nashville, Tenn., filed February 11, Rules Revised, 1957 (49 CFR 211.1(c) (8) ) 1959. Carrier proposes to operate as a and notice thereof to all interested per­ to junction Alternate U.S. Highway 5, thence over Alternate U.S. Highway 5 via common carrier by motor Vehicle of gen­ sons is hereby given as provided in such eral commodities, with certain excep­ rules (49 CFR 211.1(d) (4) ). Meriden, Conn., to junction U.S. High­ way 5, thence over U.S. Highway 5 to tions, over a deviation route, between Protests against the use of any pro­ Nashville, Tenn., and junction U.S. posed deviation route herein described New Haven, Conn., and thence over U.S. Highway 1 to New York. Highways 41 and 52, at or near Gravel may be filed with the Interstate Com­ Hill., Ind., as follows: from Nashville merce Commission in the manner and No. MC 67216 (Deviation No. 1>, over U.S. Highway 41 to junction U.S. form provided in such rules (49 CFR BEACON FAST FREIGHT COMPANY, Highway 52 and return over the same 211.1(e)) at any time but will not op­ INC., 161 Medford Street, Charlestown, route, for operating convenience only, erate to stay commencement of the pro­ Mass., filed February 13,1959. Attorney serving no intermediate points. The posed operations unless filed within 30 for said carrier, Kenneth B. Williams, notice indicates that the carrier is pres­ days from the date of publication. 111 State Street, Boston 9, Mass. Car­ ently authorized to transport the same Successively filed letter-notices of tlie rier proposes to operate as a common commodities between Nashville, Tenn., same carrier under the Commission’s De­ Carrier by motor vehicle of general com­ and Chicago, 111., over the following per­ viation Rules Revised, 1957, will be num­ modities, with certain exceptions, over tinent route: from Nashville over U.S. bered consecutively for convenience in two deviation routes, (A) between the Highway 31W to Louisville, Ky., thence identification and protests if any should Eastern Terminus of the Connecticut over U.S. Highway 31 to Indianapolis, refer to such letter-notices by number. Turnpike, near South Killingly, Conn., Ind., thence over U.S. Highway. 52 to and the Western Terminus of the New Motor Carriers op P roperty junction U.S. Highway 41, at or near England Section of the New York State Gravel Hill, Ind., thence to Chicago. mSSJ40 3009 (Deviation No. 1), WEST Thruway, at the intersection of Bruckner By the Commission. BROTHERS, INC., P.O. Box 952, Hatties- Boulevard and Westchester Avenue, in urg, Miss., filed February 2, 1959. Car- the Bronx, New York City, N.Y., as fol­ [seal] H arold D. M cCoy, er proposes to operate as a common lows: From the Eastern Terminus of the Secretary. ky motor vehicle of general com- Connecticut Turnpike over the Connecti­ [F. R. Doc. 59-1654; Filed, Feb. 25, 1959; h * • 5' certain exceptions, ovei cut Turnpike and access routes to the 8:50 a. m.] Ain a j0n rou('e’ between Birmingham Connecticut-New York State line, thence and Jackson, Miss., as follows: from over the New England Section of the New o JJ^ham over U.S. Highway 78 tc York State Thruway and access routes to [Notice 2] fav“2w •» Whence over U.S. Highway 27f New York, N.Y.; and (B> between the H i 1annon> Miss., thence over U.S Eastern Terminus of the Massachusetts APPLICATIONS FOR MOTOR CARRIER MiLJlay 45 t° Tupelo, Miss., thence over Turnpike at or near Weston, Mass., and CERTIFICATE OR PERMIT COVER­ Mi« SluPl highway 6 to Batesville the junction of the Massachusetts Turn­ ING OPERATIONS COMMENCED Japtnn« en^e over u s - Highway 51 tc pike with Massachusetts Highway 15 at DURING THE “INTERIM” PERIOD, for p ai^d return over the same route or near Sturbridge, Mass., as follows: AFTER MAY 1, 1958, BUT ON OR hoir£ratuig convenience only, serving from the Eastern Terminus of the BEFORE AUGUST 12, 1958 catS* i w late points- The notice indi- Massachusetts Turnpike over the Massa­ F ebruary 20, 1959. authorizedtJi6 Carrier is Present^ chusetts Turnpike and access routes to moditiooK * transport the same com- Sturbridge, Mass.; and return over the The following applications and certain Jackson 5?ween Birmingham, Ala., and same routes, for operating convenience other procedural matters relating thereto neut rout^1?'’ °ver-the following perti- only, serving no intermediate points. are filed under the “interim” clause of ¿ighw av iifrom Birmingham over U.S The notice indicates that the carrier is section 7(c) of the Transportation Act. U.S HidJi. A1&bama Highway 5 and presently authorized to transport, the of 1958. These matters are governed by aver it q *ay43 to Mobile, Ala., thence same commodities over the following Special Rule § 1.243 published in the ¿ghwav S ghway 98 to junction U.S, pertinent route: from Cambridge, Mass., F ederal R egister issue of January 8, 49 near .Hattiesburg, Miss., over U.S. Highway 1 to Jersey City, N.J. 1959, page 205, which provide, among 1450 NOTICES

other things, that this publication con­ over U.S. Highway 82 to Coker, Ala., filed with the Commission at Washing, stitutes the only notice to interested per­ thence over County Road 2 to Aliceville, ton, D.C., within 30 days from the date sons of filing that will be given; that ap­ Ala., thence over Alabama Highway 17 to of this publication in the F ederal Regis­ propriate protests to an application the site of the F. C. Huyck and Sons ter; that failure to so file, seasonably (consisting of an original and six copies Plant, and return over the same route, will be construed as a waiver of opposi­ each) must be filed with the Commis­ serving no intermediate points. tion and participation in such proceed- sion at Washington, D.C., within 30 days No. MC 113533 (Sub No. 14), filed De­ ing, regardless of whether or not an from the date of this publication in the cember 5, 1958. Applicant: WARREN oral hearing is held in the matter; and F ederal R egister; that failure to so file P. KURTZ, doing business as LAKE that a copy of the protest also shall be seasonably will be construed as a waiver REFRIGERATED SERVIGE, 8901 Ton- served upon applicant’s representative of opposition and participation in such nelle Avenue, North Bergen, N.J.; P.O. (or applicant, if no practitioner repre­ proceeding, regardless of whether or not Box 173, Ridgefield, N.J. Applicant’s senting him is named in the notice of an oral hearing is held in the matter; attorney: Wilhelmina Roersma, 2850 filing). and that a copy of the protest also shall Penobscot Building, Detroit 26, Mich. No. MC-36746 (Sub-No. 9), filed De­ be served upon applicant’s representa­ Authority sought under section 7 of the cember 3, 1958. Applicant: THE tive (or applicant, if no practitioner rep­ Transportation Act of 1958 to operate as AMERICAN TRANSFER COMPANY, a resenting him is named in the notice of a common carrier, by motor vehicle, over corporation, 111.2 Race Street, Baltimore filing). irregular routes, transporting: Frozen~ 30, Md. Grandfather authority sought No. MC 13123 (Sub No. 22) (REPUB- fruits, frozen berries, and frozen vege­ under section 7 of the Transportation LICATION), filed December 10, 1958, tables, from points in New York, Mich­ Act of 1958 to continue to operate as a published issue February 18, 1959. Ap­ igan, Florida, Kansas, New Jersey, Penn­ common carrier, by motor vehicle, over plicant: WILSON FREIGHT FOR­ sylvania, Ohio, Maryland, Tennessee, irregular routes, transporting: Bananas, WARDING CO., 3636 Follett Avenue, Minnesota,' Wisconsin, Massachusetts, (1) between Baltimore, Md., on the one Cincinnati, Ohio. Applicant’s attorney: Nebraska, Oklahoma, Idaho, California, hand, and, on the other, points in Mary­ Wilmer B. Hill, Transportation Building, Texas, Georgia, Colorado, Utah, Illinois, land, Pennsylvania, Virginia, West Vir­ Washington, D.C. Authority sought un- Virginia, West Virginia, and Rhode Is­ ginia, the District of Columbia, New der section 7 of the Transportation Act land to points in Virginia, Pennsylvania, York, New Jersey, Manchester, N.H., and of 1958 to operate as a common carrier, Iowa, Kansas, Michigan, North Dakota, Boston, Mass.; (2) between New York, by motor vehicle, over irregular routes, Ohio, Minnesota, Maryland, Illinois, N.Y., and Weehawken, N.J., on the one transporting: Frozen fruits, frozen ber­ Wisconsin, Texas, Missouri, New Jersey, hand, on the other, points in Maryland, ries, frozen vegetables, and wool im­ Kentucky, Tennessee, Louisiana, Okla­ Pennsylvania, the District of Columbia, ported from any foreign country, in homa, Maine, Nebraska, Indiaiia, Flor­ Virginia, and West Virginia; (3) be­ straight and mixed loads with certain ida, Massachusetts, North Carolina, tween Charleston, S.C., on the one hand, exempt commodities, between points in South Carolina, California, Colorado, and, on the other, points in Maryland, Delaware, Maine, Maryland, Massachu­ Oregon, Arkansas, New York, Connecti­ Pennsylvania, the District of Columbia, setts, Minnesota, Tennessee, Virginia, cut, Rhode Island, Vermont, Alabama, Virginia, West Virginia, New York, and and Washington, D.C. and points in its West Virginia, Georgia, New Hampshire, New Jersey; (4) between Norfolk, Va., Commercial Zone, on the one hand, and, and the District of Columbia. on the one hand, and, on the other, on the other, points in Tennessee, Ken­ No. MC 117997 (Sub No. 1), filed De­ points in Virginia, Maryland, the Dis­ tucky, Illinois, Indiana, Ohio, Pennsyl­ cember 5, 1958. Applicant: RILL trict of Columbia, Pennsylvania, West vania, West Virginia, New York, Massa­ GOLDSTON, INQ., Leaksville, N.C. Ap­ Virginia, New York, and New Jersey; chusetts, Rhode Island, Connecticut, plicant’s attorned: Clifford Frazier, Jr., (5) between Philadelphia, Pa., on the New Jersey, Maryland, Virginia, North ^01-5 Banner Building, Greensboro, N.C. one hand, and, on the other, points in Carolina, Georgia, Alabama, Louisiana, Authority sought under section 7 of the Pennsylvania, Maryland, the District of Florida, Wisconsin, New Hampshire, Transportation Act of 1958 to operate as Columbia, Virginia, West Virginia, New Michigan, Nebraska, Missouri, and a common carrier, by motor vehicle, over York, and New Jersey; and (6) between Washington, D.C., and points in its Com­ irregular routes, transporting: Wool im­ Harrisburg, Pa., on the one hand, and, mercial Zone. ported from any foreign country, wool on the other, Baltimore, Md. Note: This republication corrects the pre­ tops and noils, and wool waste (carded, No. MC 60303 (Sub No. 6), filed Octo­ vious notice which failed to include the spun, woven or knitted), from points in ber 28, 1958. Applicant: ROY BARSH, transportation of mixed shipments. Massachusetts and Philadelphia, Pa., to doing business as ROY BARSH TRUCK No. MC 41255 (Sub No. 30), filed De­ Leaksville, N.C. LINE, 1219 V2 Main Street, Joplin, Mo. cember 1, 1958. Applicant: GRUBB By the Commission. Applicant’s attorney: Robert R. Hendon, MOTOR LINES, INC., Old Salisbury Investment Building, Washington 5, D.C. Road, P.O. Drawer 567, Lexington, N.C. [seal] Harold D. McCoy, Grandfather authority sought under sec­ Authority sought under section 7 of the Secretary. tion 7 of the Transportation Act of 195» Transportation Act of 1958 to operate as [F.R. Doc. 59-1655; Filed, Feb. 25, 1959; to continue to operate as a common car- a common carrier, by motor vehicle, over 8:50 ajn.] rier, by motor vehicle, over irregular irregular routes, transporting: Frozen routes, transporting: Bananas, trora fruits, frozen berries, frozen vegetables New Orleans, La., Mobile, Ala., ana and bananasr between Lexington and Galveston and Brownsville, Tex., to ^ Charlotte, N.C., Charleston, S.C., Chi­ [Notice 6] Paso, Tex., Los Angeles, Calif., oi. cago, 111., Omaha, Nebr., Tampa, Fla., Joseph, Kansas City, Monett, ana Norfolk, Richmond and Hampton, Va., APPLICATIONS FOR MOTOR CARRIER Springfield, Mo., Wichita, Smith Center, Jersey City, N.J., and Philadelphia, Pa. “GRANDFATHER” CERTIFICATE OR and Salina, Kans., Omaha, Nebr., ana No. MC 108185 (Sub No. 22), filed PERMIT West Point, Miss. . V , December 8, 1958. Applicant: -DIXIE F ebruary 20, 1959. No. MC lb7107 (Sub No. Ill) » HIGHWAY EXPRESS, INC., 1600 B The following applications and certain December 8, 1958. Applicant: ALTER- Street, Meridian, Miss. Authority sought other procedural matters relating thereto MAN TRANSPORT LINES, INC., 2«* under section 7 of the Transportation are filed under the “grandfather” clause Northwest 46th Street, P.O. Box 65 AJ‘ Act of 1958 to operate as a common car­ of section 7(c) of the Transportation Act tapah Station, Miami 42, Fla. Grana- rier, by motor vehicle, over regular of 1958. These matters are governed by father authority sought under section routes, transporting: Wool imported of the Transportation Act of 1958 to con­ Special Rule § 1.243 published in the F ed­ tinue to operate as a common earner, vs from any foreign country, and wool eral R egister issue of January 8, 1959, waste (carded, spun, woven or knitted), page 205, which provide, among other motor vehicle,, over irregular rou » between Atlanta, Ga., and the site of the things, that this publication constitutes transporting: Bananas, tea, and fro F. C. Huyck & Sons plant, near Aliceville, the only notice to interested persons of fruits, berries and vegetables, it Ala.; from Atlanta over U S. Highway 78 filing that will be given; that appropriate points in Florida, New York, Dhno to Birmingham, Ala., thence over U.S. protests to an application (consisting of New Jersey, Pennsylvania, Georgia, Ohiq, Highway 11 to Tuscaloosa, Ala., thence an original and six copies each) must be Texas, Arkansas, Oklahoma, Louisiana» Thursday, February 26, 1959 FEDERAL REGISTER 1451 Maryland, Virginia, Rhode Island, Maine, to points in Massachusetts, Con­ Miami and Tampa, Fla., and Philadel­ Maine, Massachusetts, and Washington, necticut, Pennsylvania, New Jersey, New phia, Pa., to points in Florida, Virginia, D.C., to points in Florida, Illinois, Mis­ York, Ohio, and Illinois. Pennsylvania, Maine, Ohio, Kentucky, souri, Wisconsin, Georgia, Indiana, and No. MC 115322 (Sub No. 12), filed Oc­ Mississippi, Georgia, Maryland, New Kansas. tober 29, 1958. Applicant: J. M. York, Vermont, Indiana, Alabama, Lou­ No. MC 111138 (Sub No. 14), filed No­ BLYTHE, doing business as J. M. isiana, South Carolina, Delaware, Con­ vember 28,1958. Applicant: COLONIAL BLYTHE MOTOR LINES, 2^39 Orlando necticut, New Hampshire, Illinois, West & PACIFIC FRIGIDWAYS, INC,, 1215 Drive,, P.O. Box 489, Sanford, Fla. Ap­ Virginia, North Carolina, New Jersey, Bankhead Highway, P.O. Box 2169, Bir­ plicant’s attorney: Frank B. Hand, Jr., Massachusetts, Rhode lsland, Michigan, mingham, Ala. Applicant’s attorney: Transportation Building, Washington 6, and Tennessee. Donald L. Stem, 924 City National Bank D.C. Grandfather authority sought No. MC 117899, filed December 1,1958. Building, Omaha 2, Nebr. Grandfather under section 7 of the Transportation Applicant: THE C. D. SMITH CO., a authority sought under section 7 of the Act of 1958 to continue to operate as a corporation, 233 South F fth Street, P.O. Transportation Act of 1958 to continue common carrier, by motor vehicle, over Box 839, Grand Junction, Colo. Grand­ to operate as a common carrier, by motor irregular routes, transporting: Frozen father authority sought under section 7 vehicle, over irregular routes, transport­ fruits, frozen berries and frozen vege­ of the Transportation Act of 1958 to con­ ing: Frozen! fruits, frozen berries and tables, in straight and mixed loads with tinue to operate as a contract carrier, by frozen vegetables, from points in Cal­ certain exempt commodities, between motor vehicle, over irregular routes, ifornia, Oregon, and Washington, to points in Alabama, Connecticut, Dela­ transporting: Frozen fruits and frozen points in California, Iowa, Illinois, Wis­ ware, District of Columbia, Florida, berries, from Delta, Colo., to points in consin, Minnesota, Michigan, Missouri, Georgia, Kentucky, Louisiana, Maine, Nebraska, Iowa, Illinois, Indiana, Ohio, Nebraska, Kansas; and Indiana. Maryland, Massachusetts, Mississippi, Michigan, Minnesota, South Dakota, and No. MC 113158 (Sub No. 2), filed De­ New Hampshire, New Jersey, New York, Texas. cember 9, 1958. Applicant: HARRY North Carolina, Ohio, Pennsylvania, No. MC 117944, filed December 1, 1958. HARRINGTON TODD, doing business as Rhode Island, South Carolina, Ten­ Applicant: O. J. CARTER, 7125 Ilex TODD TRANSPORT CO., Secretary, Md. nessee, Vermont, Virginia, and West Street, Houston, Tex. Applicant’s at­ Grandfather authority sought under sec­ Virginia. torney: Edmund L. Cogburn, First Na­ tion 7 of the Transportation Act of 1958 Note: Applicant states that the above tional Bank Building, Houston, Tex. to continue to operate as a common car­ commodities were transported in mixed Grandfather authority sought under rier, by motor vehicle, over irregular shipments with frozen fish and shell fish. section 7 of the Transportation Act of routes, transporting: Frozen fruits, fro­ 1958 to continue to operate as a common zen berries and frozen vegetables, from No. MC 115608 (Sub No. 3), filed De­ carrier, by motor vehicle, over irregular points in Maryland, Delaware, New Jer­ cember 9, 1958. Applicant: TEMPCO DISTRIBUTING CO., INC., 1006 South routes, transporting: Bananas, from Gal­ sey, Virginia, Pennsylvania, and New veston, Tex., and New Orleans, La., to York, to points in Maryland, New Jersey, 15th Street, Manitowoc, Wis. Grand­ father authority sought under section 7 -Phoenix and Tucson, Ariz., Roswell, Pennsylvania, New York, Virginia, North N. Mex., Los Angeles, Calif., and El Paso Carolina, South Carolina, Georgia, Flor­ of the Transportation Act of 1958 to con­ tinue to operate as a common carrier, by and Longview, Tex. ida, Ohio, Delaware, Kentucky, Illinois, No: MC 118114, filed December 9,1958. and Tennessee. motor vehicle, over irregular routes, transporting: Frozen fruits, frozen ber­ Applicant: J. EDWARD JARMAN, 26 No. MC 113533 (Sub No. 15) , filed De­ ries and frozen vegetables and bananas, Burley Street, Berlin, Md. Applicant’s cember 5,1958. Applicant: WARREN P. from New York, N.Y., and points in Wis­ attorney: William J. Augello, Jr., 99 Hud­ KURTZ, doing business as LAKE RE­ consin to points in Maryland, Ohio, New son Street, New York 13, N.Y. Grand­ FRIGERATED SERVICE, 8901 Tonnell Jersey, New York, Pennsylvania, Kansas, father authority sought under section 7 Avenue, North Bergen, N.J. Applicant’s Missouri, and Colorado. of the Transportation Act of 1958 to con­ attorney: Wilhelmina Boersma, 2850 No. MC 116048 (Sub No. 2), filed No­ tinue to operate as a common carrier, by Penobscot Building, Detroit 26, Mich, vember 7, 1958. Applicant: MANGUM m otor' vehicle, over irregular routes, Grandfather authority sought under sec­ TRACKING COMPANY, INC., Route No. transporting: Frozen fruits, berries and tion 7 of the Transportation Act of 1958 vegetables, in straight and in mixed to continue to operate'as a common car- 3, Box 455, Charlotte, N.C. Grandfather authority sought under section 7 of the loads with certain exempt commodities, ner> by motor vehicle, over- irregular Transportation Act of 1958 to continue <1) from points in Delaware and Mary­ routes, transporting: Frozen fruits, fro­ land to points in Connecticut, Illinois, zen berries and frozen vegetables, from to operate as a common carrier, by motor vehicle, over irregular routes, transport­ Indiana, Iowa, Kansas, Massachusetts, Points in New York, New Jersey, Pennsyl­ Michigan, Missouri, New Jersey, New vania, Ohio, Tennessee, Minnesota, Vir­ ing: Frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, Hampshire, New York, Nebraska, Ohio, ginia, West Virginia, Rhode Island, and bananas, in straight and mixed loads Pennsylvania, Rhode Island, Wisconsin, Nebraska, Wisconsin, Massachusetts, and the District of Columbia; (2) be­ Maryland, Georgia, Oklahoma, Kansas, with certain exempt commodities, from points in Florida, Alabama, Louisiana, tween points in Delaware, Maryland, and «ucnigan, minois, and Florida to points Georgia, South Carolina, North Carolina, Virginia; (3) from points in Illiriois, Connecticut, Rhode Island, Minnesota, New Jersey, New York, and assachusetts, New Jersey, Virginia, Virginia, Maryland, and New York, N.Y., Benton Harbor and Eau Claire, Mich., Pennsylvania, to points in Delaware and ¡m?nS Ta,n'a’ Maryland, Kansas, Indi- Maryland; and (4) from points in Penn­ ■ ■ ’ Mmnesota, Illinois, Vermont, Mich- and Irvington, N.J., to points in Florida, Georgia, North Carolina, South Carolina, sylvania to points in New York. sin o a’ Nebraska, Missouri, Wiscon- Virginia, Ohio, Maryland, Pennsylvania, No. MC 118159, filed December 8, 1958. T ’ Sooth Dakota, Florida, Texas, and New York, and Chattanooga, Mor- Applicant: EVERETT LOWRANCE, 101 r ^ essee> Alabama, Louisiana, North ristovm, and Johnson City, Tenn. Airline Highway (P.O. Box 9199, Me­ Vi^ na’ °hio, South Carolina, West tairie, La.), New Orleans, La. Appli­ Note: Applicant indicates that coconuts N. filed De- Applicant: RICHARD JACOB, JR., AND thority sought under section’7 of the MARttm°’a19u 8, APPhcant: LEROY O, JOSEPH G. JACOB, doing business as Transportation Act of 1958 to continue M ^ J m kAs£ville post Office, Sullivan, R. J. FRUIT AND PRODUCE TRUCK­ to operate as a common carrier, by motor Kellev iAPmlcants attorney: Mary E, ING, 6 North 19th Street, Richmond, Va. vehicle, over irregular routes, transport­ Mass ’ r? Tremont Street, Boston 8, Grandfather authority sought under sec­ ing: Frozen berries, frozen vegetables, under sSf?ndf^ther authority sought tion 7 of the Transportation Act of 1958 coffee beans, and bananas in straight Act of las*» fn 7 °\-the transportation to continue to operate as a common car­ and in mixed loads with certain exempt common continue to operate as a rier, by motor vehicle, over irregular commodities, from New Orleans, La., irregular carner> hy motor vehicle, over routes, transporting: Bananas, from Nor­ Mobile, Ala., and Galveston ai)a Browns­ 6en S fr«°Utes.’ transporting: Frozen folk, Va., Charleston, S.C., Baltimore, ville, Tex., to points in Alabama, Arizona, ‘ rom points in Hancock County, Md., New York, N. Y., Weehawken, N.J., Arkansas, California, Colorado, the Dis- 1452 NOTICES

trict of Columbia, Florida, Georgia, Tariff: Supplement 222 to The Atchi­ Apparel Industry Learner Regulations Idaho, Illinois, Indiana, Iowa, Kansas, son, Topeka and Santa Fe Railway Com­ (29 CFR 522.1 to 522.11, as amended, and Kentucky, Louisiana, Michigan, Minne­ pany’s tariff I.C.C. 14346. 29 CFR 522.20 to 522.24, as amended). sota, Mississippi, Missouri, Montana, By the Commission. The following learner certificates were Nebraska, NeW Mexico, North Carolina, issued authorizing the employment of 10 North Dakota, Ohio, Oklahoma, Oregon, [ seal] Harold D: McCoy, percent of the total number of factory South Carolina, South Dakota, Tennes­ Secretary. production workers for normal labor see, Texas, Utah, Virginia, Washington, [F.R. Doc. 59-1657; Filed, Feb. 25, 1959; turnover purposes. The effective and ex­ West Virginia, Wisconsin, and Wyoming. 8:50 a.m.] piration dates are indicated. Note: Applicant indicates it also seeks Aalfs-Baker Manufacturing Co., Le Mars, authority to continue the transportation of Iowa; effective 2-13-59 to 2=12-60 (men’s and cocoanuts in mixed shipments with the boys’ dungarees). above-described commodities. DEPARTMENT OF JUSTICE Ackerman Manufacturing Co., Ackerman, Miss.; effective 3-1-59 to 2-29-60 (cotton By the Commission. Office, of Alien Property work shirts). [ seal] H arold D. McCoy, MRS. CHIYONO HASHIMOTO Cay Artley Apparel, Inc., 232 Levergood Secretary. Street., 389 Maple Avenue, Johnstown, Pa.; Notice of Intention To Return Vested effective 2-18-59 to 2-17-60 (women’s [F.R. Doc. 59-1656; Filed, Feb. 25, 1959; dresses). 8:50 a.m.] Property The Asher Co., 7 Willow Street, Fitchburg, Pursuant to section 32(f) of the Trad­ Mass.; effective 2-10-59 to 2-9-60 (men’s and boys’ slacks). ing With the Enemy Act, as amended, Carwood Manufacturing Co., Baldwin, Ga.; notice is hereby given of intention to re­ effective 2-19-59 to 2-18-60 (men’s cotton FOURTH SECTION APPLICATIONS FOR turn, on or after 30 days from the date work pants). RELIEF of publication hereof, the following prop­ Carwood Manufacturing Co., Cornelia, Ga.; erty, subject to any increase or decrease effective 2—19-59 to 2-18-60 (men’s work and F ebruary 20, 1959. resulting from the administration sport shirts), Protests to the granting of an appli­ thereof prior to return, and after ade- Carwood Manufacturing Co., Lavonia, Ga.; cation must be prepared in accordance 'iquate provision for taxes and conserva­ effective 2-19-59 to 2-18-60 (men’s and boys’ with Rule 40 of the general rules of prac­ tory expenses: ivy league pants). tice (49 CFR 1.40) and filed within 15 Carwood Manufacturing Co., Plant No. 1, Claimant, Claim No., Property, and location Midland Avenue, Monroe, Ga.; effective 2- days from the date of publication of this 19-59 to 2-18-60 (men’s and boys’ dungarees, notice in the F ederal R egister. Mrs. Chiyono Hashimoto, 685-2 Tainohara, and» lined work pants). Ono-machi, Saiki-gun, Hiroshima-ken, Hon­ Long-and-S hort H aul—- Carwood Manufacturing Co., Plant No. 2, shu, Japan; Claim No. 43978; $549.07 in the Atlanta Highway, Monroe, Qa.; effective 2- FSA No. 35251: Petroleum naphtha— Treasury of the United States. Vesting Order 19—59 to 2-18-60 (men’s and boys’ work Southwestern and mid-continent points. No. 8145. pants, ivy league pants). Filed by Southwestern Freight Bureau, Clinton Garmènt Co., 1058 South Fourth Executed at Washington, D.C., on Feb­ Street, Clinton, Ind.; effective 2-13-59 to Agent (No. B-7476), for interested rail ruary 17, 1959. 2-12-60 (men’s, boys’, children’s and women’s carriers. Rates on petroleum naphtha, - For the Attorney General. car coats). tank-car loads from points in Kansas, Clinton Garment Co., 1058 South Fourth Louisiana, Missouri, Oklahoma, and [seal] P aul V. Myron, Street, Clinton, Ind.’; effective 2-13-59 to Texas to points in Illinois, Indiana, Iowa, Deputy Director, 2-12-60. Learners may not be employed at Kansas, Michigan, Minnesota, Nebraska, Office of Alien Property. special minimum wage rates in the produc­ South Dakota, and Wisconsin. tion of separate skirts (women’s blouses). [F.R. Doc. 59-1658; Filed, Feb. 25, 1959; Dickson City Garment Corp., Bowman & Grounds for relief: Market competi­ 8:50 a.m.] Dewey Streets, Dickson City, Pa.; effective tion and competing forms of transpor­ 2-16-59 to 2-15-60 (children’s apparel). ; tation. .Glenn Slacks, Inc., Bruce, Miss.; effective Tariff: Supplement 58 to Southwestern 2-25-59 to 2-24-60 (men’s walking shorts, Lines Freight Bureau tariff I.C.C. 4279. boys’ dress pants, men’s arid boys’ semi-dress FSA No. 35252: T.O.F.C. Service— pants). * Commodities—Central territory points Wage and Hour Division Holiday Wear, IricM Ridgeland, S.C.; effec­ to points in eastern territory. Filed by tive 2-13-59 to 2-12-60 (ladies’ cotton Wabash Railroad Company (No. 29), LEARNER EMPLOYMENT dr6ss6s)• CERTIFICATES Indiana Sportswear Co., Homer City for interested rail carriers. Rates on Indiana, Pa.; effective 2-21-59 to 2-20-w various commodities loaded in trailers Issuance to Various Industries (men’s and boys’ outerwear jackets). ‘ and transported on railroad flat cars New Market Manufacturing Co., W s from Chicago, Danville, Decatur, 111., Notice is hereby given that pursuant Market, Va.; effective 2-16-59 to 2-15-W Detroit, Mich., Ft. Wayne, Lafayette, to section 14 of the Fair Labor Standards (women’s cotton knit sportswear). South Bend, Ind., St. Louis, Mo., and Act of-1938 (52 Stat. 1060, as amended, Reliance Manufacturing Co., Piantatimi Factory, Montgomery, Àia.; effective 2-1 Toledo, Ohio to points in Delaware, 29 U.S.C. 201 et seq.)r the regulations on 59 to 2-18-60 (men’s and boys’ twill ana Maryland, New Jersey, New York, and employment of learners (29 CFR Part polished cotton pants). Pennsylvania. 522), and Administrative,Order No. 485 Solomon Brothers Co., Butler, Ala.; eu * Grounds for relief: Motor truck (23 F.R. 200) and Administrative Order tive 2-10-59 to 2-9-60 (men’s sport shirts). competition. No. 507 (23 F.R. 2720), the firms listed in Southeastern Garment Co., Ltd., Monro, Tariff: Wabash Railroad Company this notice have been issued special cer­ Ga.; effective 2-12-59 to 2-11-60 (men’s dress tariff I.C.C. 7882. tificates authorizing the employment of pants). .. . FSA No. 35253: Pumice—New Mexico learners at hourly wage rates lower than Weaver Pants Co., Inc“., Corinth, M •> points to points in the southwest. Filed the minimum wage rates otherwise ap­ rvffaft+ivrn O 1 a RQ 9—1 fi—fid ÌD9.Ilts) • by The Atchison, Topeka and Santa Fe plicable under section 6 of the Act. The The following learner certificates were Railway Company, Agent (No. 84-A), effective and expiration dates, occupa­ issued for normal labor turnover pu for interested rail carriers. Rates on tions, wage rates, number or proportion poses. The effective and expiration pumice, crude or crushed, carloads, as of learners, learning periods, and the dates and the number of* learners author­ more fully described in the application, principal product manufactured by the ized are indicated. from Santa Fe, Domingo, and Bernalillo, employer for certificates issued under is Dress Co., Inc., South Street, Ly- N.M., to specified points in Arkansas, general learner regulations (§§ 522.1 to >a.; effective 2—11—59 to 2-10-60, . Louisiana (west of the Mississippi 522.11) are as indicated below. Condi­ 3 (women’s dresses). , River), Oklahoma, and Texas/ tions provided in certificates issued under Lie Manufacturing Co., 4916 M Grounds for relief: Short-line distance special industry regulations are as estab­ formula and market competition. lished in these regulations. Thursday, February 26, 1959 FEDERAL REGISTER 1453 Shroyer Dress Co., Milton Branch, Rear 28 workers for normal labor turnover purposes The following learner certificates were Prospect Avenue, Milton, Pa.; effective 2-12- (ladies’ underwear). issued in Puerto Rico to the companies 59 to 2-11-60; 10 learners (women's and. misses’ dresses). Shoe Industry Learner Regulations <29 hereinafter named. The effective and CFR 52&.1 to 522.11, as amended, an(i expiration dates, learner rates, occupa­ The following learner certificates were 29 CFR 522.50 to 522.55, as amended). tions, learning periods, and the number issued for plant expansion purposes. Alco Ranch Washable Footwear Co., San or proportion of learners authorized to The effective and expiration dates and Angelo, Texas; effective 2-12-59 to 2-11-60; be employed, are as indicated. the number of learners authorized are 10 percent of the total number of factory Becton, Dickinson Inc. of Puerto Rico, indicated. production workers for normal labor turn­ Juncos, P.R.; effective 1-14-59 to 12-14-59; Biflex-Marion, Inc., Marion, Ala.; effective over purposes (children’s and ladies’ moc­ 5 learners for normal labor turnover pur­ 2-13-59 to 8-12-59; 75 learners (ladies’ cotton casins) . poses in the occupations of, first test tubes; brassieres). Johnson-Baillie Shoe Co., Millersburg, Pa.; shakedown and rack for point; point and . Happ Manufacturing Co., 698 Broadway, effective 2-21-59 to 2-20-60; 10 percent of the unrack; chart and 2nd machine test; wax; Macon, Ga.; effective 2-13—59 to 8-12-59; 10 total number of factory production workers scale; numbers; names and serials; blot and learners (men’s and boys’ trousers). for normal labor turnover purposes (men’s, dip bulbs; etch and clean; paint and polish; boys’, youths', and girls’ leather shoes). inspect engraving; rack for certify; run thru Cigar Industry Learner Regulations for certify and certify .'''each for a learning (29 CPR 522.1 to 522.11, as amended, and Regulations Applicable to the Employ­ period of 480 hours at the rates of 70 cents 29 CFR 522.80 to 522.85, as amended). ment of Learners (29 CFR 522.1 to 522.11, for the first 240 hours and 80 cents for the as amended). General Cigar Co., Inc., 715 North 4th remaining 240 hours (replacement \certifi­ Street, Allentown, Pa.; effective 2-16-59 to Darwood Manufacturing Co., Ihc., 18 Po- cate) (clinical thermometers). 2—15—60; 10 percent of the total number of casset Street, Fall River, Mass.; effective Superior Embroidery Co., Inc., 19 Morell factory production workers for normal labor 2- 16-59 to 8-15-59; 5 percent of the total Campos Street, Mayaguez, P.R.; effective turnover purposes. number of factory production workers for 1—12—59 to 5-5-59; 25 learners for plant ex­ normal labor turnover purposes in the occu­ pansion purposes in the occupations of: (1) Glove Industry Learner Regulations pation of sewing machine operator for a machine embroidery operators for a learning (29 CFR 522.1 to 522.11, as amended, and learning period of 480 hours at the rates of period of 480 hours at the rates of 53 cents 29 CFR 522.60 to 522.65, as amended). at least 90 cents an hour for the first 280 an hour for the first 240 hours and 62 cents hours, and not less than 95 cents an hour an hour for the remaining 240 hours; (2) Good Luck Glove Co., CarbOndale, 111.; for the remaining 200 hours (boys’ outer­ hand cutting operation for a learning period effective 2-16-59 to 8—15—59; 25 learners for wear) . of 240 hours at the rates of 53 cents an hour plant expansion purposes (cotton, jersey and Esskay. Manufacturing Co., 410 South Main for the first 160 hours and 62 cents an hour leather combination). Avenue, San Antonio, Texas; effective 2-16-59 for the remaining 80 hours (replacement Standard Glove Co., of New Jersey, 109 Certificate) (machine embroidery). Fralinghuysen Ave., Newark, N.J.; effective to 8-15-59; 5 learners engaged in the pro­ duction of men’s and boys’ clothing in the Each learner certificate has been issued 3-1-59 to 2-29-60; 5 learners for normal labor occupation of sewing machine operators for turnover purposes (knit fabric work gloves). a learning period of 480 hours at the rates upon the representations of the employer Hosiery Industry Learner Regulations of at least 90 cents an hour for the first 280 which, among other things, were that (29 CFR 522.1 to 522.11, as amended, and hours and not less than 95 cents an hour for employment of learners at " subminimum 29 CFR 522.40 to 522.43, as amended). the remaining 200 hours. rates is necessary in order to prevent Friedman-Marks Clothing Co., Inc., 1400 curtailment of opportunities for employ­ Craftsmen Finishers, Inc., 108 Buffalo West Marshall St., Richmond, Va.; effective ment, and that experienced workers for Street, Concord, N.C.; effective 2-16-59 to 3- 1-59 to 8-31-59; 5 percent of the total the learner occupations are not avail­ 8-15-59; 15 learners for plant expansion pur­ number of factory production workers for poses (full-fashioned and seamless). normal labor turnover purposes, in the oc­ able. The certificates may be annulled Lenoir Hosiery Mills, Inc., Lenoir, tf.C.; cupations of, sewing machine operating, or withdrawn, as indicated therein, in effective 2-13-59 to 2—12—60; 5 percent of the final pressing, hand sewing, and finishing the manner provided in Part 528 of Title total number of factory production workers operations involving hand sewing, each for a 29 of the Code of Federal Regulations. tor normal labor turnover purposes (full- learning period of 480 hours at the rates of Any person aggrieved by the issuance of fashioned and seamless). at least 90 cents an hour for the first 280 any of these certificates may seek a re­ Mauney Hosiery Mills, Inc., Kings Moun­ hours and 95 cents an hour for the remain­ view or reconsideration thereof within tain, N.C.; effective 2-13-59 to 2-12-60; 5 in g 200 hours (men’s suits, sport coats, percent of the total number of factory pro- slacks). fifteen days after publication of this c on workers for normal labor turnover Hardwick Clothes, Cleveland, Term.; ef­ notice in the F ederal R egister pursuant purposes (seamless). fective 3-1-59 to 8-31-59; 5 percent of the to the provisions of 29 CFR 522.9. Knitted Wear Industry Learner Regr total number of factory production workers Signed at Washington, D.C., this 19th lations (29 CFR 522.1 to 522.11, e for normal labor turnover purposes in the day of February 1959. occupation of sewing machine operator for amended, and 29 t?FR 522.30 to 522.31 Milton B rooke, as amended). a learning period of 480 hours at the rates of at least 90 cents an hour for the first 280 Authorized Representative Manufacturing Corp., Lebanon, hours and 95 cents an hour for the remaining of the Administrator. 2-14-59 to 2-13-60; 5 percent 200 hours (men’s and boys’ tailored gar­ TFR. Doc. 59-1645; Filed, Feb. 25, 1959; total number of factory production ments) . No. 39----- 7 8:49 a.m.J 1454 FEDERAL REGISTER

CUMULATIVE CODIFICATION GUIDE— FEBRUARY

A numerical list of the parts of the Code of Federal Regulations affected by documents published to date during February. Proposed rules, as opposed to final actions, are identified as such. Page 3 CFR page 7 CFR—Continued Page 1 7 CFR— C o n tin u e d Proclamations : Proposed rules—Continued Proposed, rules—Continued 1255______843 927______— ______1049 250______742 3272 ______843 934______978 270______— - — 742 3273 ___-____ -______- 843 936______1424 1 8 CFR 3274 ______— 845 961— ______737 l —______■ — _ 1345 3275-.______937 968______1097 2— ______1345 Executive orders: 984_____ 1215 Feb. 26, 1852______843 989______—___ i__ 1027 1 9 CFR Dec. 12, 1917______972 996______978, 1049 l ______— 1153 Apr. 8, 1919______1415' 997— ______— ______787 4______1131 6890-______1345 999_____'______978 13______—______946 8065— ____ 972 1018______— ______1133 16______946,1177 8102___ 947 1019— _____— ____ -____ 1049 81______760 8319______972 1021______f,__l______792 82______~ 1153 9085______971 8 CFR Proposed rules: 9721______1147 1 _ — ______v ... 1419 10103.__—______1147 245______— 1375 18—______— .... ' _ 1160 10159___ 845 Proposed rules: 10774______1147 212_____—.____ — _____ 909 2 0 CFR 10800______1301 9 CFR i — ______'------...... _ 1157 222 ______- ______' . 1247 10803 ______845 73______— 102i 1247 10804 ______1147 225______78_____ -______1306 501______...... 1157 10805 ______1301 94— ______—— ___;___ 940 R ____ 1157 151______1090 502— _ — ______— 5 CFR 21 CFR 6— 723, 846, 937, 1077, 1121, 1235, 1341 Proposed rules : 94______1216 3 ______... 967.1177 11______1341 883,1027 325______— ______— 937 10 CFR 9______... ____ 17 —______—- I ______761 3______726 __ 762 6 CFR 30— ______1089 29— ______— 10______845,1235 121------1095 331______-______723, 1077 13 CFR 141 n ____ 884 342— ______—______1408 121______— _____ ^ ______1246 141d______. _ 884 365______-_____ 753 146 ______1096 446______1152,1235 14 CFR 146a______851, 884.967 464_____ 1237 I- 399______1121 146c _ 967 482-___——-______— 1408 6______— —______965 146d _ 884 485___ 1301 18______1279 146e______1177 519______:______:______1409 21______1021 Proposed rules: 234______757 9 909 7 CFR 244—______—. 1409 25______1216 51 ______-__ *______— 961 299______758 27______1315 52 ______1087, 1288 302______1152 120—'______1028,1160,1290 5 8 „______— ______— 1363 405—620______— 1121 121 — ______1028 301___ — ______877, 879, 1288 410__ ,______Z. 1341 301 306 - 851 319___ -__ 1301 570______1079 722______600 - 1405 ______941, 1281, 1304 22 CFR 723—______725 601 ______942, 1079, 1285, 1305 2 0 1 ______1306 728______- ____ 726,756 602 ______'______1287 25 CFR 868—______-____ - 997 608 ______942, 1079, 1305, 1342 131 762 914______726_ 609 ______1079,1364,1370 152 . 1178 756, 939, 965,1147, 1149,1343 Proposed rules: Proposed^rules: 933______1149, 1150 244______„ 1424 - 46 1158 938______757,1407 163 1215 15 CFR 948 944______1237 202______1122 173 945______.'______1303 221______i______976, 977, 1346 951______r.______1238 210____ ——______1290 370______— 900 26 (1939) CFR 953— ______939, 1151, 1343, 1407 373__ 1130 955______940 Proposed rules: 975 969 ______1152 399____ 1130 29__ 970 ______;______940 16 CFR 39 """"" 975 989______1408 13______846-850v 881, 882, 943, 26 (1954) CFR 1003______1175 944, 965, 966,1093, 1094,1411, 1412 1 . 967. 1178, 1206,1307 1104___ — ______— 1304 Proposed rules:\ 170 1414 Proposed rules: 1-310——____ :______980,1160 179 ------r— §|§! - ______-,__l^O» 115S 26—______1375 17 CFR 51 ____ £ ______851 1______1288 Proposed rules: 52 ______I ______1376 I I — ______728 1______1253,1420, l g 718______1___ 814 AAr ------1421 728______1255 230_I______1344 730______>______1256 270______-____ 1344. 814___..______j______1027 Proposed rules: 29 CFR m i 1096 902______—— ______767,1133 230______742, 1217, 1347 I------72» 904____ .... ______978 240______742 Thursday, February 26, 1959 FEDERAL REGISTER 1455

29 CFR— Continued page 33 CFR Pa*e 43 CFR—Continued Pa*e 604 ______1360 203—______1131 Public land orders—Continued 605 _------207------728 1214 1793 ______1346 606 _____ ;------1361 210------1248 1794 ______1346 607 ___-______,______—- 728 Proposed rules: 1795 ______2___ 1413 617______— 728 401___ 1315 1796 _— ______1414 621_____ ;______728 1797 ______1414 625______728 37 CFR 1798 _ 1415 628__-______:______728 1____ 1419 1799 ------1415 633______¡era 728 . 1800______1415 713______1361 38 CFR 779______.1______- 1362 6______1416 47 CFR 784______8______102f ______r 1416 1 ___; ______1416 Proposed rules: 21______1374 2 ______947, 972, 1417 526______74039 CFR 4______2___ 1000 30 CFR 41______732 9 ______972, 974,1020,1133 3Q1______,-i___ 731 96______764 10 ______I _____ 901, 948 111___ 765 11 _____ 765 31 CFR 201______r 970 12 ______765 10 ______r_ 1157 Proposed rules: 16______766, 901,1214 32 CFR 33______815 66— —______1251 1___ - ______886 45______815. Proposed rules: 2______886 3__ 741, 3______887 41 CFR 949,950,1216, 1256, 1377, 1425 5 ------888 202 ______732 5—__;______979 301______1158 10______815 6 ------888 12______1____ 1427 7 ------890 43 CFR 8 ------891 16—______r . _____ 1257 10— ______*______891 244______901 31______1257 11 ------891 295_.____ 1132 13______892 Proposed rules: 49 CFR 15 ------*______894 192______948 72—______902 16 ...... 892 Public land orders: 73 ______903 30------762, 892 918______1______1097 74 ____;____ 907 60 ______1207 1422-______1097 77 ______907 61 ------1289 1446______:______1214 78 ______907 66— _____ 1289 1634______1345 120— ______851 141a_____ i4io 1780 ___ 947 174______908 155— ___ 1364 1781 ______971 400______1253 561------763 1782 ______971 Proposed rules: 578------, 969 1783 ______971 1784 ______971 193 _____ 909 864______1411 194 _____ 1377 1613— ■______731 1785 ______972 1617------763 1786 ______972 50 CFR 1787 ______972 1788 ______1097 17______975,1346 1789 ______1158 155______733 32A CFR 1790 _ 1214 175______—— ' 1357 USA (Ch. XVIII) : 1791—_— r ______:— 1345 Proposed rules: OPR-6_J______1208 1792______1346 33______1347