^\ONAL 4/jx FEDERAL EGISTER \ 1 9 3 4 ^ VOLUME 24 NUMBER 88 * ^Af/TED ^ Washington, Wednesday, May 6, 1959

thereto were received. After considera­ CONTENTS Title 7— AGRICULTURE tion af all relevant matters presented, including the proposal set forth in the Agricultural Marketing Service PaB® Chapter IX— Agricultural Marketing aforesaid notice, it is hereby found that Notices: Service (Marketing Agreements and the amendment, as hereinafter set forth, ' Des Arc Auction Barn; proposed Orders), Department of Agriculture of the said rules and regulations is in posting of stockyards______- 3653 accordance with the provisions of the Proposed rule making: PART 922 — VALENCIA ORANGES said marketing agreement and order and Milk; in Washington, D.C., mar­ GROWN IN ARIZONA AND DESIG­ will tend to effectuate the declared pur­ keting area______3630 NATED PART OF CALIFORNIA poses of the Agricultural Marketing Rules and regulations: Agreement Act of 1937, as amended: Subpart— Rules and Regulations Oranges, Valencia; grown in § 922.120 [Amendment] Arizona and designated part M iscellaneous A m e n d m e n t s 1. Revise the fifth and sixth sentences of California; miscellaneous Notice is hereby given of the approval of § 922.120(e) to read as follows: “The amendments______3623 of an amendment, hereinafter set forth, grower shall endorse and turn over to Agricultural Research Service of the rules and regulations (7 CFR the packinghouse, through which the Notices: 922.100 et seq.; Subpart—Rules and Reg­ oranges are to be handled, two copies. Regional Business Manager and ulations) currently in effect pursuant to The packinghouse shall sign and imme­ Administrative Services Offi­ the marketing agreement and Order No. diately mail one copy to the committee.” cer, Fort Washington, Pa.; 22, as amended (7 CFR Part 922), regu­ delegation of authority to ne­ lating the handling of Valencia oranges § 922.131 [Amendment] gotiate contracts for aerial grown in Arizona and designated part of 2. Revise the last sentence of § 922.131 spraying in State of New California, effective under the applicable (d) to reads as follows: “One copy signed York______3653 provisions of the Agricultural Marketing by the handler shall be submitted to the. Agreement Act of 1937, as amended (7 committee promptly upon the diversion Agriculture Department U.S.C. 601-674). or elimination of the oranges covered See Agricultural Marketing Serv­ The amendment (1) prescribes con­ thereby. One copy may be retained by ice; Agricultural Research Serv­ version factors which are to be used in the handler, and two copies shall be for­ ice. converting to carton equivalents, for re­ warded by the handler to the by-product Alaska Game Commission porting purposes, the volume of oranges manufacturer or charitable organization Rules and regulations: handled in bulk or in specified contain­ with the understanding that the by­ Trapping and hunting licenses; ers other than cartons; (2) changes the product manufacturer or charitable or­ revocation______3629 provisions of §§ 922.120(e), 922.131(d), ganization will record, on one copy and 922.132 with respect to retention of thereof, the actual net weight or number Alien Property Office copies of exemption certificates, orange of cartons of oranges received, and for­ Notices: diversion reports, and Mexican export ward such copy to the committee.” Vested property; intention to certificates to make it clear that such re­ return: tention is at the option of growers and § 922.132 [Amendment] Archenhold, Anna______3685 handlers; (3) changes the words “stand­ 3. Revise the last sentence of § 922.132 Jantet, Leon______3685 ard packed box, or its equivalent” to to read as follows: “The quadruplicate Margulius, Paul______3686 ‘carton” in § 922.141 Manifest reports to may be retained by the handler.” Army Department reflect the current information as to § 922.141 [Amendment] See Engineers Corps. orange sizes required to be reported in Manifest reports; and (4) changes the 4. Delete from the second sentence of Civil Aeronautics Board terms “standard packed boxes” and § 922.141 the words “standard packed Notices: boxes” appearing in §§ 922.112(c), box, or its equivalent” and insert, in lieu Railway Express Agency, Inc.; 922.113(a),922.120(a) (5), and 922.131(d) thereof, the word “carton.” certain increased charges; in­ to “cartons” to reflect the nature of the §§922.112, 922.113, 922.120, 922.131 vestigation and suspension__ 3654 information currently being furnished [ Amendment ] pursuant to such sections. Commerce Department Notice with respect to all actions of the 5. Substitute the term “cartons” for See Federal Maritime Board. 4 exceP* that set forth in (4) the respective terms “standard packed Engineers Corps oi the preceding paragraph hereof, was boxes” and “boxes” appearing in § § 922.- Rules and regulations: given in the F ederal R e g is t e r issue of 112(e), 922.113(a), 922.120(a)(5), and Little Harbor, N.H., and Rogue April 17,1959 (24 F.R. 2960). No written 922.131(d). River, Oreg.; bridge and aata, views, or arguments pertaining (Continued on next page) navigation regulations_____ 3629 3623 3624 RULES AND REGULATIONS

CONTENTS— Continued CODIFICATION GUIDE Federal Maritime Board Pase A numerical list of the parts of the Code FEDERAL|pEGISTER Rules and regulations: of Federal Regulations affected by documents • V 1834 published in this issue. Proposed rules, as «VITEO’ Claims under general agency opposed to final actions, are identified as agreements______:_____ 3625 su c h . * Published daily, except Sundays, Mondays, Federal Power Commission A Cumulative Codification Guide covering and days following official Federal holidays, the current month appears at the end of by the Office of the Federal Register, National Notices: each issue beginning with the second issue Archives and Records Service, General Serv­ Hearings, etc. : of the month. ices 'Administration, pursuant to the au­ Coastal Transmission Corp. thority contained in the Federal Register Act, and Southern Natural Gas 7 CFR Pa&e approved July 26, 1935 (49 Stat. 500, as Co------3656 922------3623 amended; 44 U.S.C., ch. 8B), under regula­ Columbia' Gulf Transmission Proposed rules: tions prescribed by the Administrative Com­ Co------3657 902_...... 3630 mittee of the Federal Register, approved by Empire Gas and Fuel Co___ 3661 the President. Distribution is made only by Hollandsworth Oil Co. et al__ 3660 16 CFR the Superintendent of Documents, Govern­ 13 (2 documents)______3625 m ent Printing Office, W ashington 25, D.C. Louisiana Nevada Transit Co_ 3 660 T h e Federal R egister will be furnished by Manufacturers Light and 33 CFR mail to subscribers, free of postage, for $1.50 Heat Co______3662 203------3629 per month or $15.00 per year, payable in Pure Oil Co. et al______3658 207______3629 advance. The charge for individual copies Sun Oil Co. et al______3658 (minimum 15 cents) varies in proportion to 43 CFR the size of the issue. Remit check or money Texas Gas Transmission Corp. order, made payable to the Superintendent et al______3656 Public land orders: of Documents, directly to the Government Union Producing Co. et al__ 3657 1842__ *_!______3630 Printing Office, W ashington 25, D.C. United Cities Gas Co. et al__ 3662 46 CFR The regulatory material appearing herein United Gas Pipe Line Co___ 3659 370____ 3625 is keyed to the Code op F ederal Regulations, Statement of organization___ 3654 which is published, under 50 titles, pursuant 50 CFR to section 11 of the Federal Register Act, as Federal Trade Commission 46______3626 amended August 5, 1953. The Code op F ed­ Rules and regulations: 202______3629 eral Regulations is sold by the Superin­ Cease and desist orders: tendent of Documents. Prices of books and pocket supplements vary. Hicks Pharmacal Co. et al__ 3625 There are no restrictions on the re­ Ronay, Inc., et al______3625 6. Add a new section reading as fol­ lows: publication of material appearing in the Fish and Wildlife Service F ederal Register, o r th e Code op F ederal § 922.139 Conversion factors. Regulations. Rules and regulations: Alaska wildlife; protection of Unless otherwise specified in the par­ game and fur animals, birds, ticular report form, information with re­ and game fishes; miscel­ spect to volume of oranges required to be laneous amendments______3626 submitted under this part shall be re­ CFR SUPPLEMENTS ported in terms of cartons. For ship­ (As of January 1, 1959) General Services Administration ments of oranges, other than in cartons, Notices: the volume of such oranges shall be con­ The following supplements are now Regional Commissioner, Region verted to cartons on the basis of 37 % available: 3, Washington, D.C., delega­ pounds net weight per carton: Provided, tion of authority______3663 That the following conversion factors may be used: Title 14, Part 400 to end ($1.50) Interior Department (a) One standard 2-compartment Cal­ Title 47, Parts 1-29 ($0.70) See also Alaska Game Commis­ ifornia wood box, loose packed, equals sion; Fish and Wildlife Service; 1.6 cartons. Previously announced: Title 3, 1958 Supp. Land Management Bureau. (b) Five 7-lb. bags equal 1 carton. ($0.35); Titles 4-5 ($0.50); Title 7, Parts Notices: (c) Seven 5-lb. bags equal 1 carton. 1-50, Rev. Jan. 1, 1959 ($4.00); Parts Indian Affairs Bureau; delega­ (d) Nine 4-lb. bags equal 1 carton. 51-52, Rev. Jan. 1, 1959 ($6.25); Parts tion of authority with respect 900-959 ($1.50); Title 8 ($0.35); Title 9, to irrigation matters______3653 It is hereby further found that good Rev. Jan. 1, 1959 ($4.75); Titles 10-13, cause exists for making this amendment ReV^ Jan. 1, 1959 ($5.50); Title 14, Parts Interstate Commerce Commis­ effective upon publication in the F ederal 1-39 ($0.55); Parts 40-399 ($0.55); sion R e g is t e r (60 Stat. 237; 5 U.S.C. 1001 Title 18 ($0.25); Titles 22-23 ($0.35); Notices : et seq.), in that: (1) The specification Title 24, Rev. Jan. 1, 1959 ($4.25); Title Motor carrier applications___ 3664 of factors for converting to carton 25 ($0.35); Title 26,'P6rts 1-79 ($0.20); equivalents oranges handled in bulk, or Parts 80-169 ($0.20); Parts 170-182 Justice Department in containers other than in cartons, is ($0.20); Part 300 to end, Title 27 See Alien Property Office. necessary to facilitate the reporting, on ($0.30); Titles 28-29 ($1.50); Title 32, Land Management Bureau a uniform basis, of orange shipments by Parts 700-799 ($0.70); Part 1100 to end handlers, as well as the utilization of the ($0.35); Title 32A ($0.40); Title 33 Notices: information by the committee; (2) the ($1.50); Titles 35-37 ($1.25); Title 38 New Mexico; order providing shipment of Valencia oranges is cur­ ($0.55); Title 39 ($0.70); Titles 40-42 for opening of public lands_ 3652 rently in progress and subject to allot­ ($0.35); Title 43 ($1.00); Titles 44-45 Rules and regulations: ment and limitation of shipments on ($0:60); Title 46, Parts 1-145 ($1.00); Idaho; public land order_____ 3630 Parts 146-149, 1958 Supp. 2 ($1.50); the basis of sizes of oranges, and han­ Part 150 to end ($0.50); Title 47, Part 30 Maritime Administration dlers are required to render to the com­ to end ($0.30); Title 49, Parts 1—70 Claims under general agency mittee daily and weekly reports of such ($0.25); Parts 71-90 ($0.70); Parts 91- agreements (see Federal Mari­ shipments for use, among other things, 164 ($0.40) time Board). in connection with allotment; (3) the amendment does not require any special, Securities and Exchange Com­ Order from Superintendent of Docu­ preparation for compliance therewith ments, Government Printing Office, mission which cannot be completed by the effec­ Washington 25, D.C. Notices: tive time thereof ; and (4) handlers and Macinar, Inc.; order for hear­ growers are being relieved from restric­ ing ------3663 tions as to the retention of certain rec- Wednesday, May 6, 1959 FEDERAL REGISTER 3625 ords. With respect to the changes in [Docket 7347] the specified sections effecting the sub­ Title 16— COMMERCIAL PART 13— DIGEST OF CEASE AND stitution of the term “cartons” for the terms “standard packed boxes” and PRACTICES DESIST ORDERS “boxes,” it is hereby further found that it is impracticable and unnecessary to Chapter I— Federal Trade Commission Hicks Pharmacol Co. et al. give preliminary notice and engage in [Docket 7337] Subpart—Advertising falsely or mis­ public rule-making procedure because leadingly: § 13.20 Comparative data or the required information is currently PART 13— DIGEST OF CEASE AND merits; § 13.170 Qualities or properties being furnished in terms of cartons. DESIST ORDERS of product or service; § 13.280 Unique (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Ronay, Inc., et al. nature or advantages. 601-674) Subpart—Invoicing products falsely: (Sec. 6 , 38 Stat. 721; 15 U.S.C. 46. Inter­ Dated April 30, 1959, to become ef­ pret or apply sec. 5, 38 Stat. 719, as amend­ § 13.1108 Invoicing products falsely: ed; 15 U.S.C. 45) [Cease and desist order, F ederal fective upon publication in the Federal Trade Commission Act. Sub­ Hicks Pharmacal Company (Newark, N.J.) R eg ister . part—Misrepresenting oneself and et al., Docket 7347, April 16, 1959] S. R, S m it h , goods—Goods: § 13.1590 Composition. Director, Fruit and Vegetable, Subpart—U sing misleading name— In the Matter of Hicks Pharmacal Com­ Division, Agricultural Market­ Goods § 13.2280 Composition. pany, a Corporation, Carl H. White, ing Service. Jr., John Garvey and Henry K. Ber­ (Sec. 6 , 38 Stat. 721; 15 U.S.C. 46. Interpret man, Individually and as Officers of [F.R. Doc. 59-3824; Filed, May 5, 1959; or apply sec. 5, 38 Stat. 719, as amended; 15 Said Corporation; and Kenneth Rad­ 8:48 a.m .] U.S.C. 45) [Cease and desist order, Ronay, Inc., et al., Long Island City, N.Y., N.Y., er Company, Inc., a Corporation Docket 7337, April 11, 1959] This proceeding was heard by a hear­ In the Matter of Ronay, Inc., a Corpora­ ing examiner on the complaint of the Title 46— SHIPPING tion, and Mitchell Bienen, Richard Commission charging a distributor in Chapter II— Federal Maritime Board, Bienen, and Pearl Bienen, Individually Newark, N.J., and its advertising agent, and as Officers of Said Corporation with representing falsely in newspaper, Maritime Administration, Depart­ radio, and other advertising of the drug ment of Commerce This proceeding was heard by a hear­ preparation “Arthrycin” for treatment [A m dt. 2 ] ing examiner on the complaint of the of arthritis and rheumatism, that the Commission charging a manufacturer in analgesic effect of the product built up PART 370— CLAIMS Long Island City, N.Y., with describing day after day, that it was a special rem­ Claims Under General Agency falsely as “wicker” on invoices to dealers, edy providing greater relief than other handbags actually made of paper fibers. analgesics and was the only tested pain- Agreements After acceptance of an agreement con­ relieving complex on the market, and Subpart A is hereby amended by taining a consent order, the hearing ex­ that the plan of taking it for five days adding the following new § 370.6 : aminer made his initial decision and or­ in reduced amounts daily was new and der to cease and desist which became on unique, the following of which would § 370.6 Claims Under General Agency April 11 the decision of the Commission. permanently end the pains of arthritis, Agreements. The order to cease and desist is as rheumatism, and other similar condi­ (a) Prior to November 1, 1959, claims follows: tions. arising under General Agency Agree­ It is ordered, That respondents Ro­ After acceptance of an agreement con­ ments, including third party claims, nay, Inc., a corporation, and its officers, taining a consent order, the hearing shall not be denied for the reason that and Mitchell Bienen, Richard Bienen, examiner made his initial decision and they are time-barred, provided they are and Pearl Bienen, individually and as order to cease and desist which became not stale under general principles òf officers of said corporation, and respond­ on April 16 the decision of the Com­ equity. ents’ agents, representatives, and em­ mission. (b) Effective November 1,1959, claims ployees, directly or through any corpo­ The order to cease and desist is as arising under General Agency Agree­ follows: ments, including third party claims, rate or other device in connection with shall be governed by this Statement of the manufacture, offering for sale, sale It is ordered, That the respondents, Policy regarding Payment of Time- or distribution of ladies’ handbags or Hicks Pharmacal Company, a corpora­ Barred Claims, subject, however, to the other merchandise in commerce, as tion, and its officers, and Carl H. White, following: “commerce” is defined in the Federal Jr., John Garvey and Henry K. Berman, (1) If the claim is for work, services Trade Commission Act, do forthwith individually and as officers of said cor­ or supplies furnished the vessel or the cease and desist from misrepresenting poration, and Kenneth Rader Company, Maritime Administration, either by the on invoices, or in any other manner, the Inc., a corporation, and its officers, and General Agent or by third parties, and material or materials of which their respondents’ representatives, agents and regardless of whether the claim is ladies’ handbags, or any other merchan­ employees, directly or through any cor­ asserted against the General Agent or dise, are composed or constructed. porate or other device, in connection the Maritime. Administration, thè period By “Decision of the Commission”, etc., with the offering for sale, sale or dis­ of limitations shall run from the date report of compliance was required as tribution of the preparation Arthrycin or the claim accrued. follows: any other preparation of substantially (2) If the claim is by the General similar composition or possessing sub­ Agent for reimbursement by the Mari­ It is ordered, That the respondents stantially similar properties, whether time Administration on account of a herein shall, within sixty (60) days after sold under the same or any other name, timely payment made to a third party, service upon them of this order, file with the period of limitations shall run from the Commission a report in writing set­ do forthwith cease and desist from: the date of such payment. 1. Disseminating or causing to be dis­ ting forth in detail the manner and form seminated by means of the United States (Sec. 204, 49 Stat. 1987, as amended; 46 U.S.C. in which they have complied with the 1114) Mails or by any means in commerce, as order to cease and desist. “commerce” is defined in the Federal Dated: April 30,1959. Issued: April 10, 1959. Trade Commission Act, any advertise­ By order of the Acting Maritime By the Commission. ment which represents directly or by Administrator. implication: [ s e a l ] R o b er t P a r r is h , [sea l] J a m e s L . P im p e r , M. (a) That the analgesic effect of Ar­ Secretary. Secretary. thrycin builds up day after day. IF.R. Doc. 59-3801; Filed, May 5, 1959; [F.R. Doc. 59-3816; Filed, May 5, 1959; (b) That said preparation is a special 8:45 a.m .] 8:47 a.m .] remedy or that it provides a greater de- 3626 RULES AND REGULATIONS gree of relief from pain than is provided ruary 4, 1959, and was afforded an op­ transport game animals, fur animals by other analgesic preparations. portunity to present views, data, or (other than wolves and coyotes), game (c) That said preparation is the only arguments with respect to proposed birds, or game fishes, or purchase or sell tested pain relieving complex on the amendments to Part 46, Title 50, Code fur animals or parts thereof, unless he market. of Federal Regulations, to be recom­ is in possession of a valid license of the (d) That the plan of administering mended to the Secretary of the Interior nature required by the Alaska Game the preparation, that is, by taking the by the Commission for the purpose of Law, bearing his signature written in preparation over a period of five days in specifying open seasons, means of tak­ ink on the face thereof, and he shall have reduced amounts, is a new or unique ing, bag and possession limits, and other his license on his person when taking method of administering analgesics. conditions to govern the taking, posses­ such animals, birds or fishes and shall (e) That said preparation, however sion, transportation, purchase, or sale of produce it for inspection by any game taken, will relieve the pains of arthritis, game and fur animals, birds, and game management agent or other authorized rheumatism, sciatica, neuritis or lum­ fishes in Alaska beginning July 1, 1959. person requesting to see it. The fee for bago, unless limited to the temporary The public was also invited to submit each form of such license shall be one relief of the minor pains thereof. written views with respect to these mat­ dollar ($1.00) except for export licenses 2. Disseminating or causing to be dis­ters to the Executive Officer of the Alaska and permits which shall be fifty cents seminated any advertisement by any Game Commission at Juneau, Alaska, on ( 5 0 , for each animal, bird, trophy means for the purpose of inducing or or before February 1, 1959. therefrom or part thereof. which is likely to induce, directly or in­ Investigations by the Fish and Wild­ 3. Section 46.8 is amended to read as directly, the purchase in commerce, as life Service and the Alaska Game Com­ follows: “commerce” is defined in the Federal mission, and personal observations of Trade Commission Act, of said prepara­ citizens and agencies within Alaska, in­ § 46.8 Exemptions. tion, which advertisement contains any dicate that current conditions, includ­ No license shall be required by this of the representations prohibited in Par­ ing changes in both human and wildlife part of Indians or Eskimos, or of other agraph 1 hereof. ^ populations, and the facts attendant to residents to hunt, fish or trap. the change of Alaska from Territory to By “Decision of the Commission”, etc., State status pursuant to the Statehood § 46.41 [Amendment] report of compliance was required as Act of July 7,1958 (72 Stat. 339), require 4. Section 46.41(c)(2) is amended by follows: further protection to wildlife in Alaska adding the word “external” before the It is ordered, That respondents herein in a few minor instances and will permit words “sex organs” and shall read as shall, within sixty (60) days after serv­ greater relaxation of regulatory protec­ follows: ice upon them of this order, file with the tion in other instances. Commission a report in writing setting Following the public hearings held at (2) Whenever the taking of any big forth in detail the manner and form in Juneau and elsewhere in Alaska on pro­ game animal is restricted to the male which they have complied with the posed amendments to existing regula­ sex during all or a portion of an open order to cease and desist. tions, and after giving due consideration season, no person shall possess or trans­ to all relevant matters presented orally port the carcass of any big game animal Issued: April 16,1959. and in writing in response to the notice (irrespective of the time when taken) By the Commission. of proposed rule making, the Commis­ which does not have sufficient portions sion has recommended a number of of the external sex organs attached to [ s e a l ] R o b e r t M. P a r r is h , indicate conclusively the sex of the ani­ Secretary. permanent and annual changes in the regulations to conserve the wildlife re­ mal. Nothing contained in this para­ [F.R. Doc. 59-3817: Filed, May 5, 1959; sources of Alaska, and at the same time graph shall apply to the carcass of any 8:47"&.m.] permit such utilization of these resources big game animal which has been cut as is consistent with the preservation of and placed in storage for preservation, breeding stocks of these game and fur or otherwise prepared for consumption, animals, birds, and game fishes. upon arrival at the location where it is Title 50— WILDLIFE The recommendations of the Commis­ to be consumed. Chapter I— Fish and Wildlife Service, sion have been considered and it has § 46.81 [Amendment] Department of the Interior been determined that they will effectu­ ate the purpose of the Alaska Game 5. Section 46.81 is amended by delet­ SUBCHAPTER E— ALASKA WILDLIFE PROTECTION ing the comma after the word “rifle” in Law. Accordingly, the regulations under the first sentence of this paragraph. PART 46— PROTECTION OF GAME the Alaska Game Law are amended as AND FUR ANIMALS, BIRDS, AND follows: § 46.132 [Amendment] ( GAME FISHES § 46.1 [Amendment] 6. Section 46.J.32 is amended by delet­ la. The word “Alaska” shall be sub­ ing the headnote “Rainbow Reserve” and Miscellaneous Amendments stituted for the words “the Territory” the text applicable to such' headnote. Basis and purpose. Section 9 of the where they appear in definition of the § 46.141 [Amendment] Alaska Game Law of January 13, 1925, terms “nonresident” and “resident” in as amended (43 Stat. 743; 48 U.S.C. 198), § 46.1 Meaning of terms, and the word 7a. Section 46.141 is amended by add­ authorizes and directs the Secretary of “State” shall be substituted for the ing in their proper alphabetical positions the Interior to, from time to time, upon word “Territory” wherever it appears two newly established reserves described consultation with or recommendation elsewhere in such regulations. as follows: from the Alaska Game Commission, de­ b. In § 46.1 the term “Territory” and Berners Bay Reserve, The entire drainage termine when, to what extent, and by its definition is deleted. The terms “cub into Berners Bay, located on the east side what means, game animals, fur animals, bear” and “State” and their respective of Lynn Canal. (Closed on Moose). game birds, nongame birds, and nests definitions are added to be inserted in Kalgin Island Reserve. Kalgin Island in and eggs of birds, and game fishes may their proper alphabetical positions as Cook Inlet near Anchorage. (Closed on be taken, possessed, transported, bought follows: M oose). or sold in Alaska, and to adopt suitable Cub bear. Young bear in their first b. Section 46.141 is further amended regulations permitting and governing and second year of life. by adding in its proper alphabetical posi­ such activities in accordance with such State. State of Alaska. determinations. tion a reclassified reserve described as 2. Section 46.6 is amended to read as follows; By notice of proposed rule making follows: published on December 24, 1958 (23 F.R. Rainbow Reserve. The drainage into 10187), the public was notified of a pub­ § 46.6 General provisions^ Turn-again Arm north of the Anchorage- lic hearing to be held by the Alaska Game Except as permitted in §§ 46.8 and Seward Highway from Potter to the Alaska Commission at Juneau, Alaska, on Feb- 46.51, no person shall take, possess, or Railroad-Seward-Anchorage Highway cross- Wednesday, May 6, 1959 FEDERAL REGISTER 3627

ing near Gird-wood. (Closed on all species of wildlife except wolves, coyotes and moose.) • Species and units • Open seasons Bag limits (dates inclusive) I c. Section 46.141 is further amended by deleting the headnote “Kenai Penin­ Deer (except fawns) sula Highway Reserve” and the text ap­ Units 1 and 5______Aug. 20-Nov. 30. 4 bucks a year or 3 bucks and 1 doe: Provided, That the doe may be taken plicable to such headnote. only during the period Oct. 15-Nov. d. Section 46.141 is further amended 30. Units 2, 3, 4 and 6. .do. 4 deer a year: Provided, That does may by redescription of the “Steese Highway be taken only during the period Oct. Reserve” as follows: 15-Nov. 30. Unit 8______.do. 1 buck a year or 1 doe: Provided, That Steese Highway Reserve. The area near the doe may be taken only during Eagle Summit lying within 2 miles of each the period Nov. 28-Nov. 30. side of the Steese Highway between the Moose (bulls with forked antlers or larger) bridge across Ptarmigan Creek and a point Unit 1 (except Bemers Bay Reserve)______Sept. 15-Oct. 15.. 1 bull a year. 8 miles NE along said highway. [Aug. 20-Sept. 30. Units 8, 9, and 17______and Do. 8. Section 46.151 is amended to read as Dec. 10-Dec. 31.. Units 7, 15 and that portion of Unit 6 West of Aug. 20-Sept. 20. Do. follows: 148° w. longitude. Unit 6—That portion of Unit 6 east of 148° W. Closed season__ Closed season. § 46.151 Emergency closures, openings longitude. or reopenings. (Aug. 20-Sept.20.. Unit 14—That portion of Unit 14 north of the 1 and 1 bull a year. (a) In order to meet certain emer­ Little SUsitna River. .Nov. 1-Dec. 10... Unit 14—That portion of Unit 14 draining into Aug. 20-Sept. 20. Do. gency situations the Director of the Cook Inlet between Girdwood and Portage. Bureau of Sport Fisheries and Wildlife [Aug. 20-Sept. 20. Unit 14—Remainder of Unit 14,11 and 16 (except and Do. . is authorized to close open seasons on one Kalgin Island Reserve). Nov. 1-Nov. 30. or more species of big game animals in I Aug. 20-Sept. 20.. Units 5, 12, 13 (except Denali and Paxson Re­ Do. any area or areas and similarly may ex­ serves) and 20. and tend or reopen such season on one or Nov. 20-Nov. 30. Units 18, 19, 21 (except Kantishna Reserve), 22, (Aug. 20-Sept. 30- more species in any area or areas. Such 24, 25 and 26. i and Do. [Nov. 20-Nov. 30. action, which shall be limited to the Caribou (either sex) duration of the emergency, may only be Units 8 (except Kodiak Island) and 9______.. Aug. 20-Dec. 31... 1 a year. taken when he has positive evidence that Units 10 (Atka and Unnak Islands only), 26 and No closed season. No limit. one or more of the emergency conditions those portions of Units 23,24 and 25 north of the hereinafter enumerated exist: Arctic Circle Units 11,12,13 (except Denali Reserve), 14,16,17, Aug. 20-Dec. 31. 3 a year. (1) That human lives or property are 19, 20 (except Steese Highway Reserve), 21 (ex­ seriously endangered by the taking of cept Kantishna Reserve), 22 and those portions such animals in a particular area; of Units 23,24 and 25 south of the Arctic Circle. (2) When unusual concentrations of Elk such animals occur near highways or on Unit 8—That portion of Afognak Island lying Oct. 1-Oct. 25. 1 of either sex a year. beach areas, threatening them with ex­ east of a line from the head of Seal Bay to the head of Saposa Bay (known as Tonki Cape cessive killing; or Area). (3) When unusual climatic conditions Unit 8—Remainder of Unit 8__... __...... Oct. 1-Oct. 25. 1 bull a year. develop which seriously limit the normal Mountain goat (except kids) food supply or otherwise threaten to Units 1, 3,4 (except on Chichagof Island), 5 and 6. Aug. 20-Nov. 30. 2 a year. cause undue loss of such animals in any Units 7 (except Cooper Landing Reserve), and 11. particular area so as to warrant a further Unit 13 (except Sheep Mountain Reserve)______1 a year. harvest to prevent overutilization of the Units 14 (except Eagle River and Rainbow Aug. 20-Oct. 31.. food supply and prevent undue loss of Reserves), and 15. such animals. Mountain sheep (rams with three-quarter (%) curl (b) Any action by the Director to horn or larger) close, extend or reopen seasons pursuant Units 7 (except Cooper Landing Reserve and Aug. 20-Aug. 24.. 1 ram, with three-quarter (H) curl that portion of the Unit lying east of the Alaska horn or larger, a year. to the authority contained in this section Railroad), and 15. shall be taken by publishing an appro­ Units 11, 12 (except Tok Reserve), 13 (except Aug. 20-Sept. 10. Do. Sheep Mountain, Denali and Watana-Butte priate order in the F ederal R e g is t e r . Reserves), 14 (except Eagle River and Rainbow The order shall clearly show cause as Reserves), 16,17,19, 20 and that portion of Unit 25 south of the Yukon River. herein set forth, and if it extends or re­ Units 23, 24, 26 and that portion of Unit 25 north Aug. 15-Sept. 10. Do. opens a season on a particular species of the Yukon River. an appropriate termination date shall be Bison... Closed season. Closed season. set and the order shall further specify Muskox. -----do...... Do. that if the emergency condition abates Brown and grizzly bear (except cubs or females prior to such termination date, that the accompanied by cubs) Director will promptly publish a re­ scinding order-in the same manner. Units 1, 4 (except Thayer Mountain and Pack Sept. 1-June 30.. Creek Reserves), 5 and 6. 1 of either species a year: Provided, Unit 8 (except the mainland coast).._____ L____ Sept. 16-May 31. • That the taking of cubs, or females 9. Section 46.201 is amended to read as Unit 9 (that portion of the Unit lying west of the Npv. 1-May 31.. follows: trail from Herendeen Bay to Albatross Anchor­ accompanied by cubs, is prohibited. age), and the mainland coast of Unit 8. § 46.201 Seasons and limits on game Unit 9 (that portion of the Unit lying east of the Nov. 1-Dec. 31.. 1 of either species a year: Provided, animals. trail from Herendeen Bay to Albatross Anchor- ■ That the taking of cubs, or females age). accompanied by cubs, is prohibited, Units 7,11,12,13 (except Denali Reserve), 14,15, Sept. 1-Dec. 31.. Subject to the applicable provisions of 16 (except McNeil River Reserve), 17 through the preceding sections of 'this part, the 20, 21 (except Kantishna Reserve), 22 and 23 game animals which may be taken, the through 26. wildlife management units open to hunt- Black beaf_(including its brown, blue or glacier bear Jftg (but not including any area within color variations) the Reserves described in §§46.131 Units 1, 2, 3, 4 and 5...... Sept. 1-June 30— 2 a year. Units 6, 8, 9, 11, 12, 13 (except Denali Reserve), Aug. 20-June 30. 3 a year. through 46.141 where the season is con­ 20 and Unit 25 south of the Yukon River. Units 7, 14 (except the Rainbow Reserve), 15 No closed season'. Do. tinuously closed to the taking of desig- through 21 (except the Kantishna Reserve), hated species of game animals), the open 22,23,24, Unit 25 north of the Yukon River and 26. seasons, and the bag limits on game Hare and rabbit animals during the year beginning July 1, Units 1, 2, 3, 4 and 5. Sept. 1-April 30...... 5 a day. 1959, and ending June 30, 1960, are pre­ Units 6 through 26_ No closed season____ No limit. scribed as follows: 10. Section 46.251 is amended to read the taking of such animals (but not in­ 3628 as follows: cluding any area within the Reserves Species and units Open seasons Bag limits described in §§46.131 through 46.141 (dates inclusive) § 46.251 Seasons and limits on fur where the season is continuously closed animals. to the taking of designated species of fur Marmot and squirrel Subject to the applicable provisions animals), the open seasons, and the bag Units 1 through 26...... No closed season. No limit. of the preceding sections of this part, limits on fur animals during the year Wolf and coyote the fur animals which may be taken, beginning July 1, 1959, and ending June Units 1 through 12 and 14 (except that portion of ___ do...... Do. the wildlife management units open to 30,1960, are prescribed as follows: the Unit north of the Kashwitna Biver), and 15 through 26. .Units 13 and that portion of Unit 14 north of the Closed season... Closed season. Species and units Open seasons (dates Bag limits Kashwitna River. inclusive) Polar bear (except cubs and females accompanied by cubs) Mink, marten, fox (except white fox) , lynx, weasel (ermine), and wolverine Units 18j 22, 23 and 26...... No closed season 1 a year: Provided, That the taking of cubs, or females accompanied by Units 1 (except the Juneau Reserve), 2, 3, and 4 Jan. 1-Jan. 31...... Do. cubs, is prohibited. (except for marten on Chicagof Island). . Sea otter, fisher, pika and raccoon Unit 6 (that portion of Unit 6 west of the Copper Nov. 20-Dec. 20...__ Do. River, except Montague Island). Units 1 through 26...... Closed season... Closed season. Units 5, 6 (that portion of Unit 6 east of the Nov. 16-Jan. 31...... 'D o. Copper River), 7, 8 (except for mink on Kodiak Island and marten on Afognak Island), and 9 through 26 (except for fox in Unit 14 upon which 11. Section 46.301 is amended to read ing (but not including any area within there is no closed season). as follows: the. Reserves described in §§46.131 Land otter 1 through 46.141 where the season is con­

§ 46.301 Seasons and limits oir game REGULATIONS AND RULES (Jan. 1-Jan. 31...... tinuously closed to the taking of desig­ Units 1 (except the Juneau Reserve), 2, 3, and 4.. i and 1 Do. birds. nated species of game birds) , the open (Mar. 10-Apr. 30...... 1 Unit 6 (that portion of Unit 6 west of the Copper Nov. 20-Dec. 20...... Do. Subject to the applicable provisions of seasons, and the bag limits on game birds River). the preceding sections of this part, the during the year beginning July 1, 1959, Units 5, 6 (that portion of Unit 6 east of the Nov. 16-Mar. 31...... " Do. Copper River), and 7 through 26. game birds which may be taken, the and ending June 30, 1960, are prescribed wildlife management units open to hunt- as follows: White fox Units 9,17,18.—...... Do. Do. Species and units Open seasons (dates Bag limits inclusive) Muskrat Do. Grouse Beaver Units 1 through 8 (except the Kodiak-Afognak Aug. 20-Dec. 31, 10 a day. 15 a year. Island group), and 9 through 17. 6, 7, 5, 11, 13, 19, 20 (except drainage of Feb. 1-Mar. 31...... 20 a year.Units Units 18 through 26...... ¿...... Aug. 2Q-Apr. 15. Do. Chena River and tributary sloughs between the Little Chena River and Tanana River), Ptarmigan and 21...... do...... 25 a year. Units 1 through 26...______Aug. 20-Apr. 15. 20 a day. 40 a year...... do...... 10 a year. Migratory game birds1 Closed season. Units 9 (except all drainages to the Pacific Ocean Feb. 1-Mar. 31...... 15 a year. In the State______Seasons and limits in accordance with the current Migratory and Bristol Bay west of and including the Bird Treaty Act Regulations. Meshik River), 12, 23 and 25. Unit 8...... Mar. 1-Apr. 30...... 20 a year. 1 The Migratory Bird Hunting Stamp Act of March 16, 1934, as amended (16 U.S.C/718), provides that no person 1 Land otter may not be taken with stegl traps smaller than size 48 Newhouse or its equivalent during any closed who has attained the age of 16 years shall take any migratory waterfowl (brant, wild ducks, geese, and swans) unless season on mink or marten within the same wildlife management unit. at the time of such taking he carries on his person an unexpired Federal migratory bird hunting stamp (Duck Stamp) validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds. Wednesday, May 6, 1959 FEDERAL REGISTER 3629 12. Section 46.351 is amended to read as follows: § 203.48 is hereby prescribed to govern the § 46.351 Seasons and limits on game fishes. operation of the State of New Hampshire highway bridge across Little Harbor be­ Subject to the applicable provisions of the preceding sections of this part, the tween Rye and New Castle, New Hamp­ open seasons, daily bag and possession limits and the wildlife management units in shire, as follows: which game fishes may be taken during the year beginning July 1, 1959, and ending June 30,1960, are prescribed as follows: § 203.48 Little Harbor, N.H.; bridge (highway) between Rye and New Species and units Open seasons Bag limits Castle, N.H. (dates inclusive) (a) The owner or agency controlling the bridge will not be required to keep Units 1, 2, 3, 4, 5, 6, 8, 17, 18, 19, 21, 22, 23, 24, 25 15 fish daily: Provided, That such limit and 26 (see exceptions below). may not contain more than 3 fish draw tenders in constant attendance at over 20" in length. Possession limit: the bridge. 2 daily bag limits. (b) Whenever a vessel unable to pass under the closed bridge desires to pass through the draw between the hours of 6:00 a.m. and 10:00 p.m., from April 1 to 10 fish daily or in possession: Provided, October 31, at least 4 hours’ advance > That except for northern pike such - Exceptions limit may not contain more than 2 notice of the time the opening is required fish over 20" in length. shall be given to the authorized repre­ (a) Naknek River and waters of Nàknek Lake (July 1-Mar. 31 sentative of the owner or agency con­ •{ * and trolling the bridge: Provided, That in an (b) Tustemena Lake (in Unit 15)______No closed season____ (c) Dolly Varden and Mackinaw or lake trout may be taken at any time without regard to bag limits and by emergency the draw will be opened as use of gill net, trap or seine in all drainages into the Arctic Ocean within 30 miles of the coastline from Cape Kru- soon as possible after notification. At all senstem to Deinarkation Point, and in salt water where the taking of salmon for commercial purposes by netting other hours during the period April 1 to is permitted. (d) Dolly Varden and Mackinaw or lake trout may be taken for personal use without regard to bag limits during October 31 and at all times during the the period December 1 through, April 30 by use of a gill net, trap or seine in the waters of Iliamna, Ugashik, Becharof period November 1 to March 31, the draw Lakes and their outlet rivers, and in the Nushagak River drainage. ,(fe) Northern pike may be taken at any time without regard to bag,limits and by use of a gill net, trap, seine or spear will be opened only in an emergency. in all the waters of Alaska except in Unit 20 where such taking shall be by hook, line or spear and in numbers The owner of or agency controlling the according to the applicable bag limit. (0 Subject to the applicable bag limits for Unit 15, Mackinaw or lake trout in Tustemena Lake may be taken by bridge shall provide arrangements use of a single set line, but no such line shall have attached to it more than three hooks. whereby the draw tenders can be readily reached by telephone or otherwise at any (Sec. 9, 43 Stat. 743, as amended, 48 U.S.C. special licenses, it is no longer expedient hour of the day or night. 198) to require such licenses under authority (c) Upon receipt of such notice, the In accordance with the provisions of of the Alaska Game Law; accordingly, authorized representative of the owner section 4(c) of the Administrative Pro­ in order that the new state may gain the or agency controlling the bridge, in com­ cedure Act of June 11,1946 (60 Stat. 238; maximum benefit and revenue that may pliance therewith, shall arrange for the 5 U.S.C. 1003(c) ), the foregoing amend­ accrue by the sale of appropriate licenses prompt opening of the draw at the time ments shall become effective on July 1, of these classes, the existing resident specified in the notice for the passage of 1959. trapping, hunting, fishing and special, the vessel. Section 46.151 of the foregoing regu­ brown and grizzly bear licenses require­ (d) The owner or agency controlling lations is provided to expedite a tempo­ ments of this part are revoked. the bridge shall keep conspicuously rary closure, extension or reopening of This revocation of Part 202 shall be­ posted on both sides of the bridge, in a a prescribed season when unanticipated come effective June 30, 1959. position where it can easily be read at any concentrations or migrations of animals (Sec. 10, 43 S ta t. 744, as am en d ed ; 48 TJ.S.C. time, a copy of the regulations of this or adverse weather conditions create an 199. Issued at Juneau, Alaska, and dated section, together with a notice stating emergency situation justifying such ac­ F e b ru a ry 6, 1959) exactly how the representative specified tion. Accordingly, since any order pub­ in paragraph (b) of this section may be lished under that regulation would be of T h e A la ska G am e reached. an emergency nature requiring imme­ C o m m is s io n , [ s e a l ] D an H . R a l s t o n , (e) Automobiles, trucks, vehicles, ves­ diate action, the thirty-day advance sels, or other watercraft shall not be publication requirement imposed by sec­ Acting Executive Officer. F o r be s L . B a k e r , stopped or manipulated in a manner tion 4(c) of the Administrative Proce­ hindering or delaying the operation of dure Act of June 11,1946, may be waived, Chairman. A n d r e w A . S im o n s , the draw. All passage over the draw or in the publication of any such order, through the draw opening shall be in a under the exception provided. Member. R a l p h H a ll, manner to expedite both land and water Issued at Washington, D.C., and dated Member. traffic. April 30,1959. H arry O . B r o w n , (f) The operating machinery of the Member. draw shall be maintained in a service­ . F red A . S e a t o n , able condition, and the draw opened Secretary of the Interior. [F.R. Doc. 59-3778; Filed, May 5, 1959; 8:45 a.m .] and closed at least once each quarter to [F.R. Doc. 59-3779; Piled, May 5, 1959; make certain that the machinery is in 8:45 a.m .] proper order for satisfactory operation. (Regs., April 24, 1949, 285/91 (Little Harbor, Title 33— NAVIGATION AND N.H.)—ENGWO) (Sec. 5, 28 Stat. 362; 33 UJB.C. 499) Chapter II— Alaska Game NAVIGABLE WATERS 2. Pursuant to the provisions of section Commission 7 of the River and Harbor Act of August Chapter II— Corps of Engineers, PART 202— TRAPPING AND 8, 1917 (40 Stat. 266; 33 U.S.C. 1), Department of the Army § 207.655 governing logging operations on HUNTING LICENSES PART 203— BRIDGE REGULATIONS the Rogue River, Oregon, is hereby Revocation amended to eliminate any ambiguity PART 207— NAVIGATION existing under the regulations, as Basis and purpose. In accord with the follows: Act which granted statehood to Alaska, REGULATIONS the new state will eventually assume the § 207.655 Rogue River, Oregon; log­ Little Harbor, N.H., and Rogue River, ging. management of the wildlife resources Oregon therein., it having been determined that The dumping of logs into the Rogue the appropriate conservation agency of 1. Pursuant to the provisions of sectionRiver or upon its banks, below the high the state of Alaska has provided for resi­ 5 of the River and Harbor Act of August water line, and the rafting of logs, or dent trapping, hunting, fishing and other 18. 1894 (28 Stat. 362; 33 U.S.C. 499), floating of loose logs, sack rafts of timber ' - \ 3630 RULES AND REGULATIONS and logs, and the towing of log rafts on The total area described aggregates 3. This order shall be subject to exist­ Rogue River, is hereby limited to the 236.50 acres. ing withdrawals for power purposes, and period from 1 November of each year to 2. The departmental order of April shall take precedence over but not other­ 31 March of the following year (both 30, 1908, which withdrew the following- wise affect the existing reservation of the dates inclusive). Parties engaged in log­ described lands within the Kootenai Na­ lands for national forest purposes. ging operations on the Rogue River shall tional Forest as the Perkins Lake Site, is arrange their work so that the river shall hereby revoked: F red G. A andahl, be free from floating logs or debris caused T. 62 N., R. 3 E., Assistant Secretary of the Interior. by their operation, from 1 April to 31 Sec. 4, wyaNW ^ ; (lo ts 4 a n d 5) ; A p r il 30, 1959. October of each year (both dates in­ Sec. 5, E 1/2NE 14 ; (lots 1 and 5). clusive) . The areas described aggregate approximately [F.R. Doc. 59-3819; Filed, May 5, 1959; 87 acres. (Regs., April 22, 1959, 285/91 (Rogue River, 8:47 a.m .] Oreg.)—ENGWO) (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) R. V. Lee, Major General, U.S. Army, The Adjutant General. PROPOSED RULE MAKING [F.R. Doc. 59—3802; Filed, May 5, 1959; 8:45 a.m .] 2. Whether marketing conditions jus­ DEPARTMENT OF AGRICULTURE tify the issuance of a marketing agree­ ment or order; and Title 43— PUBLIC LANDS: Agricultural Marketing Service 3. If an order is issued what its pro­ [ 7 CFR Part 902 1 visions should be with respect to: INTERIOR (a) Scope of regulation; [Docket No. AO-293] (b) The classification of milk; Chapter I— Bureau of Land Manage­ MILK IN WASHINGTON, D.C., (c) The level and method of deter­ ment, Department of the Interior mining class prices; MARKETING AREA (d) The method to be used in dis­ APPENDIX— PUBLIC LAND ORDERS Decision With Respect to Proposed tributing proceeds among producers; [Public Land Order 1842] Marketing Agreement and Order and [Idaho 06430] (e) Administrative provisions. Pursuant to the provisions of the Findings and conclusions. Upon the IDAHO Agricultural Marketing Agreement Act evidence adduced at the hearing and the of 1937, as amended (7 U.S.C. 601 et Withdrawal of Lands Within the Coeur record thereof, it is hereby found and seq.), and the applicable rules of practice concluded that: d’Alene and Kaniksu National * and procedure governing the formula­ Character of commerce. The handling Forests for Use of the Forest Service tion of marketing agreements and mar­ of milk in the Washington, D. C., mar­ as an Administrative Site and Rec­ keting orders (7 CFR Part 900), a public keting area is in the current of inter­ reational Areas; Revocation of De­ hearing was held at Washington, D.C., state commerce and directly burdens, ob­ partmental Order of April 30, 1908 on April 8-19, 1957, pursuant Jx> notice structs, or affects interstate commerce in thereof issued on February 21, 1957 (22 the handling of milk and its products. By virtue of the authority vested in F.R. 1116), upon a proposed marketing The Washington fluid milk market is the President by the Act of Juñe 4, 1897 agreement and order regulating the an interstate market encompassing not (30 Stat. 34, 36; 16 U.S.C. 473), and handling of milk in the Washington, only the District of Columbia but the otherwise, and pursuant to Executive D.C., marketing area. immediately adjacent counties of both Order No. 10355 of May 26, 1952, it is Upon the basis of the evidence intro­ Maryland and Virginia. Within this ordered as follows: duced at the hearing and the record market there is a substantial and con­ 1. Subject to valid existing rights, the thereof, the Deputy Administrator, Agri­ tinuing interstate commerce, both in the following-described public lands within' cultural Marketing Service, on May 26, procurement of milk and in the sale of the national forests in Idaho hereafter 1958 (23 F.R. 3719), filed with the Hear­ fluid milk and its products. designated, are hereby withdrawn from ing Clerk, United States Department of The District of Columbia which is but all forms of appropriation under the Agriculture, his recommended decision a part of the área comprising the whole public land laws, including the mining on all issues except the issue of Class I market, is entirely urbanized and must but pot the mineral leasing laws nor price. It was stated in the decision that rely completely on movements of milk disposals of materials under the Act of the hearing would be reopened to receive in interstate commerce for its supply. July 31, 1947 (61 Stat. 681; 30 U.S.C. further evidence on this issue. The Milk for the market is regularly sup­ 601-604), as amended, and reserved for period until July 2, 1958 was provided plied by dairy farmers in the four-State use of the Forest Service, Department of for the filing of written exceptions to area of Maryland, Pennsylvania, Vir­ Agriculture, as an administrative site the recommended decision. The re­ ginia, and West Virginia. Statistics pre­ and recreation areas, as indicated: opened public hearing was held on September 22-25, 1958, pursuant to a sented by the Maryland and Virginia Boise Meridian notice thereof issued on September 4, Milk Producers Association, whose mem­ COEUR D’ALENE NATIONAL FOREST 1958 (23 F.R. 6909). bers produce approximately 90 percent of the total market supply, indicate that Shoshone Creek Administrative Site Upon the basis of the evidence intro­ duced at both sessions of the hearing for the month of March 1956, 49 percent T. 50 N., R. 4 E., and the record thereof, the Administra­ of their milk originated from farms lo­ Sec. 5, lo t 10, a n d W ^ S E ^ S E ^ ; Sec. 8 , lo t 1. tor, Agricultural Marketing Service, on cated in the State of Virginia, 46 percent The areas described aggregate 83.40 acres. ■ January 30,1959 (24 F.R. 767), filed with from farms in the State of Maryland, 2 the Hearing Clerk, United States De­ KANIKSU NATIONAL FOREST percent from farms in the State of Penn­ partment of Agriculture, his revised sylvania and 2 percent from farms in Perkins Lake Recreational Area recommended decision, containing no­ the State of West Virginia. In addition, T. 62 N„ R. 3 E., tice of opportunity to file written at least two substantial handlers in the Sec. 4, lots 4 and 5; exceptions thereto. Sec. 5, lots 1 and 5. The material issues of record related market procure their milk supply from The areas described aggregate 86.70 acres. to:^ other sources. One of these dealers 1. Whether the handling of milk in procures his supply through the Capitol Brush Lake Recreational Area Milk Producers Association from farms T. 64 N., R . 1 E., the market is in the current of interstate Sec. 21, lot 1; commerce or directly burdens, obstructs located in the States of Virginia and Sec. 22, lo t 1. or affects interstate commerce in milk Maryland. The other dealer, whose bot­ The areas described aggregate 66.40 acres. or its products; tling and distributing plant is located Wednesday, May 6, 1959 FEDERAL REGISTER 3631 outside the District of Columbia in the meet the fluid needs of the market. After dealers using milk surplus to their nor­ State of Maryland, procures his supply the termination of the order the market mal market with the result that bid primarily from two cooperative associa­ continued to be in short supply until prices to supply Class I milk to Govern­ tions, one of whose plants is located in early in 1951. Throughout the period in ment installations currently reflect the State .of Pennsylvania and the other which the market was in short supply the values only slightly in excess of milk dis­ in the State of Virginia. Milk from the blended prices returned to all producers posed of in manufacturing use. Virginia plant is supplied by dairy farm­ on the market were very near the Class In an effort to preserve their estab­ ers located in Virginia and in West Vir­ I price. lished Class I outlets the Maryland and ginia. The milk from the Pennsylvania Subsequent to the termination of the Virginia ÀÆilk Producers Association has plant is supplied by dairy farmers in Federal order the Maryland and Virginia priced milk to its buyers at prices cal­ Pennsylvania, Maryland and in West Milk Producers Association continued to culated to meet the competition from the Virginia. market the milk of its producer-members flat price buyers in their regular trade Distributors whose plants are located on a classified uce basis and to return a and the outside dealers on contract busi­ in the District of Columbia have regular blended price to its members. The Cap­ ness for Government installations. One and substantial route sales, both whole­ itol Milk Producers Association, which substantial handler testified that his sale and retail, extending into the adja­ markets the milk of its producer-mem­ company paid as many as six different cent counties of both Virginia and Mary­ bers through one substantial handler in Class I prices for the same quality milk. land. One such distributor also makes the market, on the other hand, has sold This must be presumed to be typical of regular sales into the State of Delaware the milk of its members on a flat price all other handlers in the market since as well as on the Eastern Shore of Mary­ basis which price has approximated the the association witnesses pointed out land and Virginia. Distributors whose blended price which the Maryland and that all of the regular buyers purchasing plants are located in nearby Maryland Virginia Milk Producers Association has milk for any particular outlet were and distributors whose plants are located returned to its members. The handler charged the same prices. Notwithstand­ in nearby Virginia regularly compete who purchases this milk has maintained ing the efforts of the local producers to with distributors whose plants are lo­ a very high Class I utilization, currently hold their Class I outlets, local handlers cated in the District of Columbia for con- about 95 percent. The utilization of the have not been entirely successful in hold­ trapt sales to Federal and/or State instal­ Maryland and Virginia Milk Producers ing the contract business. lations in the District of Columbia and Association, while varying, has in some The Maryland and Virginia Milk Pro­ in Maryland and Virginia. One substan­ months of 1956 been as low as 65 percent ducers Association currently supplies tial handler processes and packages in Class I. nearly 90 percent of all the Class I milk frozen concentrated milk at his Wash­ A substantial handler who prior to for the market and an even greater pro­ ington, D. C., plant which milk is later October 1, 1954 purchased his milk from portion of the reserve supply. In earlier transported to naval installations in the the Maryland and Virginia Association years arrangements with one of the State of Florida. In addition, the Mary­ on a classified use basis now purchases larger handlers in the market who main­ land and Virginia Milk Producers Asso­ his milk from two cooperatives, one in tains a receiving and manufacturing ciation makes substantial spot sales of Virginia and one in Pennsylvania, on a plant at Frederick, Maryland, provided bulk milk to outlets in the States of negotiated flat price basis. The han­ a basis whereby the cooperative associa­ New Jersey, North Carolina and Florida. dler’s current utilization approximates tion could direct milk to the several han­ Milk produced for the local fluid mar­ 95 percent in Class I. The loss of this dlers in the quantities and at the time ket, but which may be in excess of cur­ Class I outlet has increased the volume needed. Milk not needed for fluid uses rent fluid needs, is processed into manu­ of milk from members of the Maryland was held at the Frederick plant for man­ factured milk products in nearby and Virginia Milk Producers Association ufacturing uses. In order to better serv­ manufacturing plants which products utilized in manufacturing uses, thus low­ ice the market and to return the highest are sold on the national market in com­ ering the blended prices returned to the possible prices to its producer-members petition with similar products from all members of this association, and in­ the association in 1955 acquired its own parts of the country. In addition manu­ directly, the returns to members of the manufacturing plant. This acquisition factured dairy products such as cottage Capitol Milk Producers Association has provided substantially greater flex­ cheese, sour cream and ice cream are dis­ whose milk is purchased on a price re­ ibility in marketing on the part of the tributed in the local market from sources lated to the Maryland and Virginia association. Notwithstanding, the loss, outside of the District of Columbia or blended price. At the same time the of Class I outlets, and the extensive price the States of Maryland and Virginia. advantage which the handler buying cutting which has prevailed over an ex­ From the foregoing it is evident that milk through the Capitol Milk Pro­ tended period, have resulted in increasing the vast majority of the milk in the ducers Association has maintained over market instability, Which if continued, Washington market does move in the other handlers in the market in the cost may lead to a complete breakdown of current of interstate commerce and di­ of Class I milk has been further en­ the marketing system. This situation rectly burdens, obstructs or affects inter­ hanced. The record evidence does not constitutes a continuing and serious state commerce of milk and its products. reveal the prices paid by the one han­ threat to a dependable supply of pure Need for an order. Marketing condi­ dler to the two cooperatives who supply and wholesome milk for the Washington his needs. However; it does show that area. tions in the Washington, D. C., marketing the prices paid to the two cooperatives It is concluded that the issuance of a area justify the issuance of a marketing are not necessarily the same and do vary marketing agreement and order for the agreement and order. from month to month. Washington market will contribute sub­ For a period of about 14 years from The trend of increasing milk supplies stantially to the stabilization of the fluid February 1940 to August 1954, marketing in the Washington market is typical of milk market and will tend to effectuate conditions in the Washington market the dairy industry generally throughout the declared policy of the Act. The were, in general, orderly and stabilized. the country. With the increase in milk adoption of a classified price plan based During the period from February 1940 supplies locally and in adjacent markets, on audited utilization of handlers will until April 1947 the market was regulated Washington handlers who purchase their provide a uniform system of pricing of under Federal Order 45. That order was milk on a classified use basis have en­ milk to all handlers and will assure a fair division of returns to all producers. The terminated effective April 1, 1947, at the countered increasing competition in their public hearing procédure required by the request of the Maryland and Virginia regular route distribution as well as on Agricultural Marketing Agreement Act Milk Producers Association, a cooperative contract sales to Federal Government in­ will provide opportunity for representa­ association representing the majority of stallations. Government contract pur­ tion of producers, handlers and to the the producers supplying the market. chases in the Washington area represent public to present information on market­ Throughout the period in which the a substantial part of the total Class I ing conditions and participate in the de­ order was in effect the market was gen­ sales in the market. In recent years termination of prices for milk in the area. erally in short supply and supplemental Washington area handlers have encoun­ The marketing area. The Washing­ outside milk was regularly imported to tered increased competition from outside ton, D. C., marketing area should include No. 88------2 3632 PROPOSED RULE MAKING all of the territory in the District of the District of Columbia, Montgomery is a serious disruptive factor over a wide Columbia; the city of Alexandria and the and Prince Georges Counties in Mary­ area of Prince William County. The Counties of Arlington, Fairfax, Prince land and the City of Alexandria and the Quantico Marine Base has been a sub­ William, all in the State of Virginia, and Counties of Arlington and Fairfax in stantial outlet for handlers who will be the Counties of Prince Georges (exclusive Virginia. Throughout this area District brought under regulation by the order. of the corporate limits of the town of of Columbia handlers are the primary While such handlers have not exclusively Laurel), Montgomery, Charles, and St. handlers. However, they meet substan­ held this contract they have been the Marys; the southern portion of Calvert tial local competition in both Virginia primary suppliers. In order to remove County and the southern portion of and Maryland. this source of disruption to orderly mar­ Frederick

upon a proposed marketing agreement or by Executive order, to perform the (b) Any plant from which milk is and a proposed order regulating the price reporting functions specified in this moved during the month to a plant speci­ handling of milk in the Washington, part. fied in paragraph (a) of this section. D.C., marketing area. Upon the basis of the evidence introduced at such hearing § 902.4 Person. § 902.9 Pool plant. and the record thereof, it is found that: “Person” means any individual, part­ “Pool plant” means: (1) The said order, and all of the nership, corporation, association, or (a) An approved plant other than the terms and conditions thereof, will tend other business unit. plant of a producer-handler: (1) during to effectuate the declared policy of the § 902.5 Cooperative association. any month within which a volume of Act; milk not less than 10 percent of its re­ (2) The parity prices of milk as de­ “Cooperative association” means any ceipts of milk from dairy farmers ap­ termined pursuant to section 2 of the cooperative marketing association of proved by a duly constituted health Act are not reasonable in view of the producers which the Secretary deter­ authority for fluid disposition, is dis­ price of feeds, available supplies of feeds, mines, after application by the associa­ posed of on routes as Class I milk in the and other economic conditions which tion: marketing area: Provided, That the total affect market supply and demand for (a) To be qualified under the pro­ quantity of Class I milk disposed of from milk in the said marketing area, and the visions of thg Act of Congress of Febru­ such plant (inside and outside the mar­ minimum prices specified in the order ary 18, 1922, as amended, known as the keting area) is equal to not less than are such prices as will reflect the afore­ “Capper-Volstead Act”; and 50 percent of such plant’s total receipts said factors, insure a sufficient quantity (b) To have full authority in the sale from such dairy farmers; or (2) dining of pure and wholesome milk and be in of milk of its members and to be en­ any month of October through February the public interest; gaged in making collective sales of or in which at least 50 percent, and during (3) The said order regulates the han­ marketing milk or its products for its any month of March through September dling of milk in the same manner as, and members. in which at least 40 percent of its re­ is applicable only to persons in the re­ § 902.6 Washington, D.C., marketing ceipts of milk, from dairy farmers ap­ spective classes of industrial or com­ area. proved by a duly constituted health mercial activity specified in a marketing “Washington, D.C., marketing area” authority for fluid disposition is shipped agreement upon which a hearing has hereinafter called “the marketing area” in the form of milk, skim milk or cream been held; means all of the territory situated to a plant which disposes of not less than (4) All milk and milk products han- within the District of Columbia; the 10 percent of its approved milk from •dled by handlers, as defined in this order, counties of Arlington, Fairfax and Prince dairy farms and from other approved are in the current of interstate com­ William and the City of Alexandria all plants on routes as Class I milk in the merce or directly burden, obstruct, or in the State of Virginia; the counties marketing area and not less than 50 per­ affect interstate commerce in milk or its of Prince Georges (excluding the cor­ cent of such receipts are disposed of as products; and porate limits of the town of Laurel), Class I milk (inside and outside the mar­ (5) It is hereby found that the neces­ Montgomery, Charles, and St. Marys; keting area): Provided, That any such sary expense of the market administrator that portion of Calvert County lying plant which was a pool plant in each of for the maintenance and functioning of south of a line beginning at the West­ the preceding months of Octobgr through such agency will require the payment ern terminus of Maryland State High­ February shall be a pool plant for the by each handler, as his pro rata share of way 507, continuing easterly along said months of March through September, such expense, four cents per hundred­ highway to its intersection with Mary-, unless the handler gives written notice weight or such amount not to exceed land State Highway 2, continuing north­ to the market administrator on or be­ four cents per hundredweight as the Sec­ erly along said Highway 2, to its inter­ fore the first day of such month that the retary may prescribe, with respect to (a) section with Maryland State Highway plant is a nonpool plant: And provided receipts of producer milk, including such 263 and then easterly along said High­ further, That any such plant which was handler’s own farm production, (b) re­ way 263 to its terminus at the Chesa­ a nonpool plant during any of the months ceipt of other source milk allocated to peake Bay, and that part of Frederick of October through February shall not be Class I pursuant ta § 902.46(a) (2) and lying south of a line beginning at the a pool plant in any of the immediately (3) and the corresponding steps in intersection of the Washington-Fred­ following months of March through Sep­ § 902.46 (b), and (c) Class I milk for erick County line with Alternate U.S. tember in which it was owned by the which a payment is due pursuant to Route 40, following Alternate U.S. Route same handler or affiliate of the handler § 902.62(c). 40 easterly to the western boundary of the corporate limits of the City of Fred­ or by any person who controls, or is con­ Order relative to handling. It is there­ erick, thence along the western, north­ trolled by, the handler. fore ordered, that on and after the effec­ ern and eastern boundary of the city (b) Any manufacturing plant which is tive date hereof, the handling of milk in to its eastern junction with Alternate operated by a cooperative association 70 the Washington, D.C., marketing area percent or more of whose members are shall be in conformity to, and in com­ U.S. Route 40 and then southeasterly pliance with, the following terms and along Alternate U.S. Route 40 to the qualified producers whose milk is regu­ conditions: Frederick-Carroll County line, all in the larly received during the month at other State of Maryland; together with all pool plants. D e f in it io n s piers, docks and wharves connected § 902.1 Act. therewith and including all territory § 902.10 Handler. within such boundaries which is occu­ “Handler” means: “Act” means Public Act No. 10, 73d pied by Government (Municipal, State Congress, as amended and as re-enacted (a) Any person in his capacity as the or Federal) installations, institutions operator of an approved plant or any and amended by the Agricultural Mar­ or other establishments. keting Agreement Act of 1937, as plant qualified as a pool plant pursuant amended (7 U.S.C. 601 et seq.). § 902.7 Plant. to § 902.9(b), and § 902.2 Secretary. “Plant” means the land, buildings, (b) Any cooperative association with surroundings, facilities and equipment respect to the milk of any producer which “Secretary” means the Secretary of whether owned and operated by one or it causes to be diverted in accordance Agriculture or any officer or employee of more persons constituting a single op­ with the provisions of § 902.15 from a the United States authorized to exercise erating unit or establishment for the pool plant to a nonpool plant for the the powers and to perform the duties of receiving and processing, or packaging account of such cooperative association. the Secretary of Agriculture. of milk or milk products. § 902.3 Department of Agriculture. § 902.8 Approved plant. § 902.11 Pool handler. “Department of Agriculture” means “Approved plant” means: “Pool handler”'means any person in the United States Department of Agri­ (a) Any plant from which Class I milkhis capacity as the operator of a pool culture or any other Federal agency as is disposed of on routes in the marketing plant or a cooperative association quali­ may be authorized by Act of Congress, area. fied as a handler pursuant to § 902.1 0 (b). Wednesday, May 6, 1959 FEDERAL REGISTER 3647 § 902.12 Producer-handler. bined with another product during the (f) Publicly announce at his discre­ “Producer-handler” means any person month, and (b) receipts in the form of tion, unless otherwise directed by the who operates a dairy farm and an ap­ Class I products from any source other Secretary, by posting in a conspicuous proved plant from which Class I milk than producers or pool plants. place in his office and by such other is disposed of on route(s) in the mar­ § 902.18 Route. means as he deems appropriate, the keting area and who during the month name of any person who, within 5 days received no milk from any source other “Route” means any delivery (including after the date upon which he is required than his own farm production and from any delivery by a vendor or disposition to perform such acts, has not made re­ at a plant store or from vending ma­ ports pursuant to § 902.30 or payments pool plants. chines) of any Class I product to a pursuant to §§ 902.80 to 902.88, § 902.13 Dairy farmer. wholesale or retail outlet, including a (g) Submit his books and records to “Dairy farmer” means any person who Federal, State or municipal institution examination by the Secretary, and fur­ produces milk which is delivered in bulk or installation, but excluding any de­ nish such information and reports as to a plant. livery to a plant. the Secretary may request; M a r k e t A dministrator (h) Verify all reports and payments § 902.14 Dairy farmer for other mar­ of each handler, by audit, if necessary, kets. § 902.20 Designation. of such handler’s records and of the rec­ “Dairy farmer * for other markets” The agency for the administration of ords of any other handler or person means: this part shall be a “market administra­ upon whose utilization the classification (a) Any dairy farmer whose milk is tor” selected by the Secretary. He shall of skim milk and butterfat for such han­ received by a handler at a pool plant be entitled to such compensation as may dler depends; during the months of March through be determined by, and shall be subject (i) Prepare and make available for September from a farm from which the to removal at the discretion of, the the benefit of producers, consumers, and handler, an affiliate of the handler, or Secretary. handlers, such general statistics and in­ any person who Controls or is controlled formation concerning the operation of by the handler, received milk other than § 902.21 Powers. this part as do not reveal confidential as producer milk during any of the pre­ The market administrator shall have information; ceding months or October through Feb­ the following powers with respect to this (j) On or before the date specified, ruary; and part: publicly announce by posting in a con­ (b) Any dairy farmer whose milk is (a) To administer its terms and pro­ spicuous place in his office and by such received at a pool plant qualified pur­ visions; other means as he deems appropriate, suant to § 902.9(b) for the account of (b) To make rules and regulations to the following: a cooperative association which has no effectuate its terms and provisions; (1) The 5th day of each month, the membership among producers delivering (c) To receive, investigate, and report Class I price computed pursuant to milk to other pool plants. to the Secretary complaints of violations; § 902.50(a) for the current month, and and the Class n price computed pursuant to § 902.15 Producer. (d) To recommend amendments to § 902.50(b) and the handler butterfat “Producer” means any dairy farmer, the Secretary. differentials computed pursuant to except a producer-handler or dairy § 902.51, both for the preceding month; farmer for other markets, who produces § 902.22 Duties. and milk which is approved by a duly The market administrator shall per­ (2) The 10th day of each month, the constituted health authority for fluid form all duties necessary to administer uniform price computed pursuant to disposition and which is received at the terms and provisions of this part, § 902.71 and the producer butterfat dif­ a pool plant or is diverted to a non­ including, but not limited to the fol­ ferential computed pursuant to § 902.81 pool plant during any month (s) of lowing: both for the preceding month; and March through September or on not (a) Within 45 days following the date (k) On or before the 10th day after more than 8 days (4 days in the case of on which he enters upon his duties, or the end of each month, report to each every-other-day delivery) during any such lesser period as may be prescribed cooperative association which so re­ month(s) of October through February : by the Secretary, execute and deliver quests, the class utilization of milk pur­ Provided, That the milk so diverted shall to the Secretary a bond, effective as of chased from such association or be deemed to have been received by the the date on which he enters upon his delivered to the pool plant (s) of each diverting handler at a pool plant at the duties and conditioned upon the faithful handler by producers who are members location from which it was diverted: performance of such duties, in an amount of such cooperative association. For the^ And provided further, That thè'criterion and with surety thereon satisfactory to purpose of this report, the milk so pur-^ for determination of qualification under the Secretary; chased or received shall be allocated to this definition for a dairy farmer deliver­ (b) Employ and fix the compensation each class in the same ratio as all pro­ ing milk to a pool plant qualified under of such persons as may be necessary to ducer milk received by such handler dur­ § 902.j)(b) shall be the holding of a valid enable him to administer its terms and ing such month. farm' inspection permit issued by the provisions; applicable health authority having juris­ (c) Obtain a bond in a reasonable R e p o r t s , R eco rd s and F a c il it ie s diction in the marketing area. This amount, and with reasonable surety § 902.30 Reports of receipts and utiliza­ definition shall not include any dairy thereon; covering each employee who tion. farmer whose milk is diverted during the handles funds entrusted to the market month on more than the number of days administrator; (a) On or before the 8th day after the specified in this section. end of each month each pool handler, (d) Pay out of the funds received pur­ shall report for each of his pool plants § 902.16 Producer milk. suant to § 902.88: ( 1 ) The cost of his bond and the bonds to the market administrator in the detail “Producer milk” means any skim milk of his employees, and on forms prescribed by the market or butterfat contained in milk received (2) His own compensation, and administrator as follows: directly at a pool plant from producers, (3) All other expenses except those in­ (l) The quantities of skim milk and or diverted in accordance with the pro­ curred under § 902.87, necessarily in­ butterfat contained in (i) receipts of visions of § 902.15. curred by him in the maintenance and producer milk (including such handler’s own production), (ii) receipts from other § 902.17 Other source milk. functioning of his office and in the per­ pool plants in the form of products desig­ “Other source milk” means all skim formance of his duties; _ nated as Class I milk pursuant to § 902.41 ofilk and butterfat contained in or rep­ (e) Keep such books and records as (a) (1), and (iii) receipts of other source resented by (a) receipts (including any will clearly reflect the transactions pro­ milk. Class n milk product produced in the vided for in this part, and, upon request (2) Inventories of products desig­ handler’s plant during a prior month) in by the Secretary, surrender the same to nated as Class I milk pursuant to § 902.41 & form other than as Class I products such other person as the Secretary may (a) (1) on hand at the beginning and end which are reprocessed, converted or com- designate; of the month ; and No. 88-----4 3648 PROPOSED RULE MAKING (3) The utilization of all skim milkposition and of the quantities of skim of for consumption in fluid form; aqd and butterfat required to be reported milk involved, i (2) not specifically accounted for as pursuant to this paragraph. Class II milk. (b) Each handler operating a nonpool § 902.32 Records and facilities. (b) Class II milk. Class II milk shall approved plant pursuant to § 902.8 (a) Each handler shall maintain and make be all skim milk and butterfat (1) used shall, unless otherwise directed by the available to the market administrator to produce any product other than those market administrator, report for such during the usual hours of business such designated as Class I milk pursuant to plant at the same time and in the same accounts and records of his operations paragraph (a) (1) of this section; (2) manner prescribed for pool handlers in together with such facilities as are disposed of for livestock feed; (3) con­ paragraph (a) of this section. necessary for the market administrator tained in skim milk dumped if the con­ (c) Except as provided in paragraph to verify or establish the correct data for ditions of § 902.31(d) are met by the (b) of this section, each nonpool han­ each month, with respect to: handler; (4) contained in inventory of dler shall make reports to the market (a) The receipt and utilization of all products designated in paragraph (a) (1) administrator at such time and in such skim milk and butterfat handled in any of this section on hand at the end of the manner as the market administrator form; month; (5) in actual plant shrinkage not may prescribe. (b) The weights and tests for butter­ to exceed one and one half percent of fat and other content of all milk and skim milk and butterfat, respectively, in § 902.31 Other reports. milk products handled; producer milk; and (6) in shrinkage of (a) Each pool handler, shall report to (c) The pounds of skim milk and other source milk. the market administrator in the detail butterfat contained in or represented and on forms prescribed by the market by all items in inventory at the begin­ § 902.42 Shrinkage. administrator as follows: ning and end of each month required to The market »administrator shall allo­ (1) On or before the 20th day after be reported pursuant to § 902.30(a) (2); cate shrinkage at each pool plant as the end of the month, for each of his and follows: pool plants, his producer payroll for such (d) Payments to producers and coop- (a) Compute the total shrinkage of month, which shall show for each pro­ perative associations, including any de-' skim milk and butterfat respectively; and ducer; (i) his name and address, (ii) the ductions and the disbursement of money (b) Allocate the resulting amounts pro total pounds of milk received from such so deducted. rata to skim milk and butterfat, respec­ producer, (iii) the average butterfat con­ § 902.33 Retention of records. tively, in producer milk and other source milk. tent of such milk, and (iv) the net All books and records required under amount of the handler’s payment, to­ this part to be made available to the § 902.43 Responsibility of handlers and gether with the price paid and the the reclassification of milk. amount and nature of any deduction; market administrator shall be retained (2) On or before the first day other by the handler for a period of three (a) All skim milk and butterfat shall source milk is received in the form of years to begin at the end of the month be Class I milk unless the handler who milk, fluid skim milk òr cream at his to which such books and records pertain: first receives such skim milk and butter­ pool plant (s) his intention to receive Provided, That if, within such three-year fat proves to the market administrator such product, and on or before the last period, the market administrator notifies that such skim milk or butterfat should day such product is received, his inten­ the handler in writing that the retention be classified otherwise. tion to discontinue receipt of such of such books and records, or of specified (b) Any skim milk or butterfat shall product ; and books and records, is necessary in con­ be reclassified ff verification by the mar­ (3) Such other information with nection with a proceeding under section ket administrator discloses that the orig­ 8c(15)(A) of the Act or a court action inal classification was incorrect. respect to receipts and utilization of specified in such notice, the handler butterfat and skim milk as the market § 902.44 Transfers. administrator shall prescribe. shall retain such books and records, or (b) Promptly after a producer moves specified books and records, until further Skim milk or butterfat disposed of from one farm to another, or starts or notification from the market adminis­ during the month from a pool plant shall trator. In either case, the market ad­ be classified: resumes deliveries to any of a handler’s ministrator shall give further written (a) As Class I milk if transferred in pool plants, the handler shall file with notification to the handler promptly the form of any product designated as the market administrator a report stat­ upon the termination of the litigation or ing the producer’s name and post office Class I milk pursuant to § 902.41(a) (1) when the records are no longer necessary to a pool plant of another handler un­ address, the health department permit in connection therewith. number, the date on which the change less utilization as Class II milk is claimed C lassification o f M il k by both handlers in their reports sub­ took place, and the farm and plant loca­ mitted for the month to the market ad­ tion involved., § 902.40 Skim milk and. butterfat to be ministrator pursuant to § 902.30(a): (c) Each pool handler who receives classified. milk during the month from producers Provided, That the skim milk or butter­ for which payment is to be made to a All skim milk and butterfat received fat so assigned to Class II milk shall be cooperative association pursuant to within the month at pool plants and limited to the amount thereof remaining § 902.80(b) shall on or before the 10th which is required to be reported pursuant in Class II milk in the plant of the trans­ day after the end of each month report to § 902.30 shall be classified by the mar­ feree handler after the assignment of to such cooperative association concern­ ket administrator in accordance with the other source milk pursuant to § 902.46 ing each producer-member of such provisions of §§ 902.41 to 9Q2.46. and any additional amounts of such skim milk of butterfat shall be assigned to cooperative association from whom he § 902.41' Classes of utilization. received milk during the month as Class I milk: And provided further, That follows: Subject to the conditions set forth in if either or both handlers have received (1) The name, address and code num­ §§ 902.42 to 902.46 the classes of utiliza­ other source milk, the skim milk or but­ ber, if any; tion shall be as follows: terfat so transferred shall be classified (2) The total deliveries and the num­ (a) Class I milk. Class I milk shall at both plants so as to allocate the great­ ber of days on which delivery was made; be all skim milk (including that used to est possible Class I utilization to the pro­ (3) The average butterfat test of the produce concentrated milk and recon­ ducer milk at both plants. milk delivered; and - stituted or fortified-skim milk) and but­ (b) As Class I milk if transferred in terfat: Cl) Disposed of-(other than, in the form of any product designated as C4) The nature and amount of any hermetically sealed containers) in fluid Class I milk pursuant to § 902.41(a) (1) deductions to be made in payments due form or as frozen concentrated milk for to a producer-handler. such producer. human consumption ks milk, flavored (c) As Class I milk if transferred or (d) Each handler dumping skim milk milk, skim milk, flavored skim milk, cul­ diverted in the form of any product des­ pursuant to § 902.41(b) (3) shall give the tured skim milk, buttermilk, cream (ex­ ignated as Class I milk pursuant to market administrator during normal cept aerated cream and sour cream) § 902.41(a) (1) to an approved plant, duty hours, not less than 3 hours advance including any mixture of cream and milk other than a pool plant or the plant of notice of intention to make such dis- or skim milk (except eggnog) disposed a producer-handler, to the extent of such Wednesday, May 6, 1959 FEDERAL REGISTER 3649

plant’s disposition of skim milk and pounds of skim milk in other source milk 3-m arket average devia­ butterfat, respectively, as Class I milk received in the form of products specified tion from correspond­ Washington price in the marketing area: Provided, That in § 902.41(a)'(1) from plants which are ing month of 1958 adjustment, ( c e n ts ) , p lu s or (cents) plus or any remaining amount of such transfer not fully subject to the pricing provisions m in u s : m in u s or diversion shall be assigned to the high­ of another order issued pursuant to the 0-15______0 est remaining utilization in the trans­ Act; 15.1- 35______20 feree plant after the prior assignment of (4) Subtract from the pounds of skim 35.1- 65______40 receipts at such plant from dairy farmers milk remaining in each class in series 55.1- 75______60 who the market administrator deter­ beginning with Class II milk the pounds 75.1- 95______80 mines constitute its regular source of of skim milk in other source milk re­ (b) Class II price. The price for Class supply. ceived in the form of products specified II milk shall be the sum of the values of (d) As Class I milk if transferred or in § 902.41(a) (1) from a plant(s) which butterfat and skim milk computed as diverted in bulk in the form of milk, is fully subject to the pricing provisions follows: skim milk or cream, to a nonpool plant, of another order issued pursuant to the (1) Butterfat. Add all weekly quota­ other than an approved plant, located Act; tions per 40-quart can of 40 percent sweet less than 300 miles from the zero mile­ (5) Subtract from the pounds of skim cream approved for Pennsylvania and stone in Washington, D.C., unlgss (1) milk remaining in each class in series New Jersey in the Philadelphia market as the handler claims Class II utilization in beginning with Class II milk, the pounds reported each week ending within the his report submitted pursuant to of skim milk contained in inventory of month by the United States Department § 802.30(a), (2) the operator of the products specified in § 902.41(a)(1) on of Agriculture, divide by the number of transferee plant maintains books and hand at $he beginning of the month; quotations, subtract $2.00, divide by 33.48, records showing the utilization of all (6) Subtract from the remaining multiply by 3.5: Provided, That such skim milk and butterfat at such plant pounds of skim milk in each class the butterfat value shall not be less than 3.5 which are made available if requested by pounds of skim milk received from the times 120 percent of the average Grade A the market administrator for the pur­ pool plants of other handlers in the form (92-score) butter price at New York as pose of verification, and (3) not less than of products specified in § 902.41(a) (1) reported by the United States Depart­ an equivalent amount of skim milk and according to the classification thereof as ment of Agriculture for the month for butterfat was actually utilized in such determined pursuant to § 902.44(a). which payment is to be made less 17 plant during the month in the use indi­ (7) Add to the remaining pounds of cents. cated in such report: Provided, That if skim milk in Class II the pounds of skim (2) Skim milk. The average of carlot upon inspection of the records of such milk subtracted pursuant to subpara­ prices per pound for nonfat dry milk, plant it is found that an equivalent graph (1) of this paragraph; and spray and roller process, respectively, amount of skim milk and butterfat was (8) If the remaining pounds of skim- for human consumption, f.o.b. manufac­ not actually used in such indicated use milk in both classes exceed the pounds turing plants in the Chicago area, as re­ the remaining pounds shall be classified of skim milk contained in producer milk, ported for the period from the 26th day as Class I milk. subtract such excess from the remaining of the preceding month through the 25th (e) As Class I milk if transferred or pounds of skim milk in each class in day of the current month by the Depart­ diverted in bulk in the form of milk, skim series beginning with Class II milk. Any ment of Agriculture shall determine the milk or cream, to a nonpool plant other amount so subtracted shall be known as skim values as follows: than an approved plant located 300 miles “overage.” or more from the zero milestone in Average price per pound of (b) Butterfat shall be allocated in ac­ nonfat dry milk-spray and S k im Washington, D.C. cordance with the same procedure out­ roller process: va lu e § 902.45 Computation of skim milk and lined for skim milk in paragraph (a) $0,065 or below ______$0. 075 butterfat in each class. of this section; and $0,066 to $0.075______*______. 15 (c) Add the pounds of skim milk and $0,076 to $0.085______.225 For each month, the market adminis­ the pounds of butterfat allocated to the $0,096 to $0.105______.3 0 trator shall correct for mathematical producer milk in each class computed $0,106 to $0.115______.375 and for other obvious errors the reports pursuant to paragraphs (a) and (b) of $0,116 to $0.125______.45 of receipts and utilization submitted pur­ this section, and determine the weighted $0,126 to $0.135______.525 suant to § 902.30(a) for each pool plant $0,136 to $0.145______.60 average butterfat content of each class. $0,146 to $0.155-______. 675 of each handler and shall compute the $0,156 to $0.165_j.______. 75 M in im u m P r ic e s pounds of skim milk and butterfat in $0,166 to $0.175______.825 Class I milk and Class II milk for such § 902.50 Class prices. $0,176 to $0.185______.90 handlers. Subject to the provisions of §§ 902.51 $0,186 to $0.195______.975 § 902.46 Allocation of skim milk and and 902.52 each handler shall pay, at the § 902.51 Butterfat differentials to han­ butterfat classified. time and in the manner set forth in dlers. After making the compiutations pur­ § 902.80 for each hundredweight of milk For milk containing more or less than suant to § 902.45 the market adminis­ containing 3.5 percent butterfat received 3.5 percent butterfat, the class prices trator shall determine the classification at his pool plant(s) during the month pursuant to § 902.50 shall be increased of producer milk received at each pool from producers or a cooperative associ­ or decreased, respectively, for each one- plant as follows: ation not less than the following prices tenth of one percent butterfat by the ^ Skim milk shall be allocated in per hundredweight for the respective appropriate rate, rounded in each case the following manner: quantities of milk in each class computed pursuant to § 902.46. to the nearest one-tenth cent, deter­ (1) Subtract from the total pounds of mined as follows: skim milk in Class II milk the pounds (a) Class I price. During the first 18 of skim milk in producer milk classified months after the effective date of this (a) CZass I milk. Add all weekly quo­ Pursuant to § 902.41(b) (5); part the price for Class I miik shall be tations per 40-quart can of 40 percent (2) Subtract from the remaining $5.55 for the months of July through sweet cream approved for Pennsylvania pounds of skim milk in each class, in February and $5.10 for the months of and New Jersey in the Philadelphia mar­ series beginning with Class II milk, the March through June: Provided, That ket as reported each week ending within Pounds of skim milk in other source milk- such price in any month shall be ad­ the month by the United States Depart­ received during the month in a form justed to reflect the deviation of the av­ ment of Agriculture, divide by the num­ ?,—ft . than products specified in erage of the Federal order Class I prices ber of quotations and divide the resulting § 902.41(a)(1); for the Philadelphia, New York and Chi­ value by 334.8: Provided, That if the ^3) Subtract from the remaining cago markets for such month from such result is less than the Class II differential Pounds of skim milk in each class, in average price in the corresponding determined pursuant to paragraph (b) senes beginning with Class II milk, the month of 1958, as follows: of this section, such Class II differential 3650 PROPOSED RULE MAKING shall also be applicable to Class I milk; a marketing area regulated pursuant to pursuant to § 902.46 (a) (1) in such and such other order. month, or the hundredweight of milir (b) Class II milk. Divide by 35 the (b) Any plant qualified pursuant to subtracted from Class I pursuant to butterfat value determined pursuant to § 902.9 (a) (2) or (b) which would be sub­ § 902.46 (a) (5) and (b) for the current § 902.50(b)(1). ject to the classification and pricing pro­ month, whichever is lessf f § 902.52 Location differentials to han­ visions of another order issued pursuant (e) Add the amount computed by mul­ dlers. to the act unless such plant has qualified tiplying the difference- between the ap­ as a pool plant pursuant to the first propriate Class II price for the preceding For that milk which is received from proviso of § 902.9(a) (2) for each month month and the appropriate Class I price producers at a pool plant located 75 during the preceding October through for the current month by the hundred­ miles or more from the milestone in February. weight of milk allocated to Class I pur­ Washington, D.C., by the shortest hard­ suant to § 902.46 (a) (5) and (b) for the surfaced highway distance as determined § 902.62 Payments on other source milk. current month which is in excess of (1) by the market administrator, and which the hundredweight of milk for which an is assigned to Class I milk, the Class I Within 11 days after the end of each adjustment was made pursuant to para­ price as specified in § 902.50(a) shall be month handlers shall make payments to graph (d) of this section and (2) the reduced at the rate set forth in the fol­ producers through the producer-settle­ hundredweight of milk assigned to Class lowing schedule; ment fund as follows: II pursuant to § 902.46(a) (4) and (b) R a te p er (a) Each pool handler who received for the previous month and which was hundredweight other source milk which is allocated to Distance (m iles): (c e n ts) classified and priced as Class I under the 7 5 ...... 12.0 Class I pursuant to § 902.46 (a) (2) and other Federal order; and For each additional 10 miles or frac­ (b) shall make payment on the quantity (f ) Add or subtract, as the case may be, tion thereof______1 .5 so allocated at the difference between an amount necessary to correct errors the Class I price and the Class n price discovered by thè market administrator Provided, That for the purpose of calcu­ applicable at the location of his pool lating such location differential, products in the verification of reports of such plant qualified pursuant to § 902.9(a). handler of his receipts and utilization of designated as Class I milk which are (b) Each pool handler who received transferred between pool plants shall skim milk and butterfat for previous other source milk which is allocated to months. first be assigned to any remainder of Class I pursuant to § 902.46 (a) (3) and Class n milk in the transferee plant (b) shall make payment on the quantity § 902.71 Computation of the uniform after making the calculations prescribed so allocated at. the difference between price. in § 902.46(a) (1) to (b), and the com­ the Class I price and the Class II price For each month the market adminis­ parable steps in § 92.46(b) for such applicable at the location of the nearest trator shall compute the uniform price plant, such assignment to the transfer­ nonpool plants (as determined by the per hundredweight of producer milk of ring plant to be made in sequence ac­ application of the location differential 3.5 percent butterfat content, f.o.b. cording to the location differential appli­ schedule set forth in § 902.52) from market as follows: cable at each plant, beginning with the which an equivalent amount of such (a) Combine into one total the net ob­ plant having the largest differential. other source milk was received; and ligations computed pursuant to § 902.70 § 902.53 Use of equivalent prices or (c) Each handler operating an ap­ for all handlers who made reports pre­ indexes. proved plant, other than a pool plant, scribed in § 902.30(a) for the month and If for any reason a price quotationxor which is not subject to the classification who were not in default of payments index required by this part for comput­ and pricing provisions of another order pursuant to § 902.84 for the preceding ing class prices or for other purposes is issued pursuant to the Act and from month. not available in the manner described, which Class I products are disposed of (b) Subtract, if the weighted average the market administrator shall use a on routes in the marketing area during butterfat content of producer milk in­ price or index determined by the Secre­ the month shall make payment on the cluded under paragraph (a) of this sec­ tary to be equivalent to the price or index total hundredweight of skim milk and tion is greater than 3.5 percent, or add, which is required. butterfat so disposed of which is in ex­ if such average butterfat content is less cess of his receipts of skim milk and than 3.5 percent, an amount computed as A p p l ic a t io n o p P r o v is io n s butterfat, respectively, from pool plants follows: Multiply the amount by which § 902.60 Producer-handler. at the difference between the Class I the average butterfat content of such price and the Class II price applicable milk varies from 3.5 percent by the pro­ Sections 902.40 to 902.46, 902.50 to for the zone location of such plant. ducer butterfat differential computed 902.52, 902.62, 902.70 to 902.71 and 902.80 pursuant to § 902.81 and multiply the re­ to 902.89 shall not apply to a producer- D etermination o f U n if o r m P r ic e sulting figure by the total hundredweight handler. § 902.70 Computation of the value of of such milk; § 902.61 Plants subject to other Federal producer milk for each handler. (c) Add an amount equal to the sum orders. For each month, the market admin­ of deductions to be made from producer A plant specified in paragraph (a) or istrator shall compute the value of milk payments for location differentials pur­ (b) of this section shall be considered as for each pool handler as follows: suant to § 902.82; a nonpool plant except that the operator (a) Multiply the pounds of producer (d) Add an amount equal to not less of such plant shall, with respect to the milk in each class computed pursuant than one-half of the unobligated balance total receipts and utilization or disposi­ to § 902.46 by the applicable class price on hand in the producer-settlement fund; tion of skim milk and butterfat at the and total the resulting amounts; (e) Divide the resulting amount by the plant, make reports to the market ad­ (b) Add the amount of any payments total hundredweight of producer milk in­ ministrator at such time and in such due from such handler pursuant to cluded under paragraph (a) of this sec­ manner as the market administrator § 902.62 (a) or (b ); , tion; and may require (in lieu of the reports re­ (c) Add the amounts computed by (f ) Subtract not less than 4 nor more quired pursuant to § 902.30) and allow multiplying the pounds of “overage” de­ than 5 cents from the amount computed verification of such reports by the mar­ ducted from each class pursuant to pursuant to paragraph (e) of this ket administrator. § 902.46 (a) (8) and (b) by the appli­ section. (a) Any plant qualified pursuant to cable class price; P a y m e n t s § 902.9(a) (1) which would be subject to (d) Add the amount computed by § 902.80 Time and method of payment. the classification and pricing provisions multiplying the difference between the appropriate Class II price for the pre­ (a) Except as provided in paragraph of another order issued pursuant to the ceding month and the appropriate Class (b) of this section, each pool handler on Act unless the Secretary determines that I price for the current month by the or before the 15th day after the end of a greater volume of Class I milk is dis­ hundredweight of producer milk classi­ each month shall make payment to each posed of from such plant on routes in fied in Class II during the preceding producer from whom milk is received the Washington marketing area than in month less allowable shrinkage allocated during the month for the quantity of milk Wednesday, May 6, 1959 FEDERAL REGISTER 3651 so received at not less than the uniform which he shall deposit all payments graph (a) of this section, such deduc­ price per hundredweight computed pur­ made by handlers, pursuant to §§ 902.62 tions from the payments to be made di­ suant to § 902.71 adjusted by the butter- (c), 902.84 and 902.86 and out of which rectly to such producers pursuant to fat differential computed pursuant to he shall make all payments pursuant to § 902.80(a) as are authorized by such § 902.81 and by the location differential §§ 902.85 and 902.86: Provided, That the producers on or before the 18th day after computed pursuant to § 902.82 less proper market administrator shall offset any the end of each month and pay such deductions authorized in writing by the such payment due to any handler against deductions to the cooperative rendering producer: Provided, That if by such date payment due from such handler. such services. such handler has not received full pay­ ment from the market administrator § 902.84 Payments to the producer- § 902.88 Expense of administration. pursuant to § 902.85 for such month, he settlement fund. As his pro rata share of the expense of may reduce pro rata his payments to On or before the 11th day after the administration of this part, each han­ producers by not more than the amount end of each month, each handler, in­ dler, including any cooperative associa­ of such underpayment. Payment to pro­ cluding a cooperative association which tion which is a handler, shall pay to ducers shall be completed thereafter not 4s a handler, shall pay to the market the market administrator on or before later than the date for making payments administrator for payment to producers the 18th day after the end of the month, pursuant to this paragraph next follow­ through the producer-settlement fund 4 cents per hundredweight or such lesser ing after receipt of the balance due from the amount by which the net pool obli­ amount as the Secretary may prescribe, the market administrator; gation of such handler is greater than for each hundredweight of skim milk and (b) In the case of a cooperative as­ the sum-required to be paid producers butterfat contained in (a) producer milk sociation which the market adminis­ by such handler pursuant to § 902.80 (a) (including such handler’s own farm pro­ trator determines is authorized by its and (b). duction), (b) other source milk allo­ producer-members to collect payment § 902.85 Payments out of the producer- cated to Class I milk pursuant to § 902.46 for their milk and which has so requested settlement fund. (a) (2), (3), and (b), or (c) Class I milk any handler in writing, such handler for which a payment is due pursuant to shall on or before the 2d day prior to On or before the 12th day after the § 902.62(c). the date on which payments are due end of the month, the market admin­ individual producers, pay the coopera­ istrator shall pay to each handler for § 902.89 Termination of obligations. tive association for milk received during payment to producers the amount by The provisions of this section shall the month from the producer-members which the sum required to be paid pro­ apply to any obligation under this part of such association as determined by the ducers by such handler pursuant to for the payment of money. market administrator, an amount equal § 902.80(a) and (b) is greater than the (a) The obligation of any handler to to not less than the total due such pro­ net pool obligations of such handler: pay money required to be paid under the ducer-members as determined pursuant Provided, That if the balance in the pro­ terms of this part shall, except as pro­ to paragraph (a) of this section; and ducer-settlement fund is insufficient to vided' in paragraphs (b) and (c) of this (c) In the case of milk received by a make all payments pursuant to this sec­ section, terminate two years after the handler from a cooperative association tion, the market administrator shall re­ last day of the month during which the in its capacity as a handler such handler duce uniformly such payments and shall market administrator receives the han­ shall on or before the second day prior complete such payments as soon as the dler’s utilization report on the milk in­ to the date on which payments are due necessary funds are available. volved in such obligation, unless within individual producers, pay to such co­ § 902.86 Adjustment of accounts. such two-year period the market admin­ operative association fpr milk so received istrator notifies the handler that such during the month, an amount not less Whenever verification by the market money is due and payable. Service of than the value of such milk computed administrator of reports or payments of such notice shall be complete upon mail­ at the applicable class prices for the lo­ any handler discloses errors resulting in ing to the handler’s last known address, cation of the plant of the buying handler. money due (a) the market administra­ and it shall contain but need not be tor from such handler, (b) such handler limited to, the following information: § 902.81 Producer butterfat differen­ from the market administrator, or (c) tial. (1) The amount of the obligation; any producer or cooperative association (2) The month(s) during which the In making payments pursuant to from such handler, the marketing ad­ milk, with respect to which the obliga­ § 902.80 (a) or (b) the uniform price ministrator shall promptly notify such tion exists, was received or handled; and shall be adjusted for each one-tenth of handler of any amount so due and pay­ (3) If the obligation is payable to one one percent of butterfat content in the ment thereof shall be made on or before or more producers or to an association milk of each producer above or below 3.5 the next date for making payments set of producers, the name of such produc­ percent, as the case may be, by a butter­ forth in the provisions under which such er (s) or association of producers, or if fat differential equal to the average of error occurred. the obligation is payable to the market the butterfat differentials determined § 902.87 Marketing services. administrator, the account for which it pursuant to § 902.51 (a) and (b) weighted is to be paid; by the pounds of butterfat in producer (a) Except as set forth in paragraph (b) of this section, each handler, in mak­ (b) If a handler fails or refuses, with milk in each class and rounded to the respect to any obligation under this part, nearest full cent. ing payments directly to producers for milk (other than milk of his own pro­ to make available to the market admin­ § 902.82 Location differential to pro­ duction) pursuant to § 902.80(a) shall istrator or his representatives all books ducers. deduct 5 cents per hundredweight or and records required by this part to be In making payments to producers or such lesser amount as the Secretary may made available, the market administra­ to a cooperative association pursuant to prescribe and shall pay such deductions tor may, within the two-year period pro­ § 902.80 (a) or (b) a handler shall de­ to the market administrator on or be­ vided for in paragraph (a) of this sec­ duct with respect to all milk received at fore the 18th day after the end of the tion, notify the handler in writing of ms pool plant (s) located 75 miles by month. Such money shall be expended such failure or refusal. If the market shortest highway distance from the zero by the market administrator to provide administrator so notifies a handler, the milestone in the District of Columbia, market information and to verify the said two-year period with respect to as determined by the market adminis­ weights, samples and tests of milk of such obligation shall not begin until the trator, 12 cents per hundredweight plus producers who are not receiving such first day of the month following the L5 cents for each 10-mile additional service from a cooperative association; month during which all such books and distance, or fraction thereof, which such and records pertaining to such obligations plant is located from such milestone. (b) In the case of producers for whom are made available to the market admin­ the Secretary determines a cooperative istrator or his representatives; § 902.83 Producer-settlement fund. association is actually performing the (c) Notwithstanding the provisions of The market administrator shall.estab- services set forth in paragraph (a) of paragraphs (a) and (b) of this section, f*and maintain a separate fund known this section, each handler shall make, a handler’s obligation under this part to as the “producer-settlement fund” into in lieu of the deduction specified in para­ pay money shall not be terminated with 3652 PROPOSED RULE MAKING respect to any transaction involving eluding the market administrator), such are sandy loam in the valley bottom, fraud or willful concealment of a fact, further acts shall be performed notwith­ rocky loam on the mesa sides, and shal­ material to the obligation, on the part standing such suspension or termina­ low sandy loam on mesa top. Vegetation of the handler against whom the obliga­ tion. consists of grama grass, cedar, and tion is sought to be imposed; and pinon. (d) Any obligation on the part of the§ 902.93 Liquidation. No application for these lands will be market administrator to pay a handler Upon the suspension or termination of allowed under the homestead, desert any money which such handler claims to the provisions of this part, except this land, small tract, or any other nonmin­ be due him under the terms of this part section, the market administrator, or eral public land law, unless the lands shall terminate two years after the end such liquidating agent as. the Secretary have already been classified as valuable Of the month during which the milk in­ may designate, shall, if so directed by or suitable for such type of application. volved in the claim was received if an the Secretary, liquidate the business of Any application that is filed will be con­ underpayment is claimed, or two years the market administrator’s office, dispose sidered on its merits. The lands will after the end of the month during which of,all property in his possession or con­ not be subject to occupancy or disposi­ the payment (including deduction or set­ trol, including accounts receivable, and tion until they have been classified. off by the market administrator) was execute and deliver all assignment or Subject to any existing valid rights made by the handler if a refund on such other instruments necessary or appro­ and the requirements of applicable law, payment is claimed, unless such handler, priate to effectuate any such disposition. the lands described above are hereby within the applicable period of time files, If the liquidating agent is so designated, opened to filing of applications, selec­ pursuant to section 8c(15) (A) of the act, all assets, books and records of the tion. and locatiôn in accordance with a petition claiming such money. market administrator shall be trans­ the following: ferred promptly to such liquidating a. Applications and selections under E f f e c t iv e T im e , S u s p e n s io n , or agent. If, upon such liquidation, the the nonmineral public land laws may be T e r m in a t io n funds on hand exceed the amounts re­ presented to the Manager mentioned § -902.90 Effective time. quired to pay outstanding obligations of below, beginning on the date of this or­ The' provisions of this part, or any the office of the market administrator der. Such applications, selections, and amendment to this part, shall become and to pay necessary expenses of liquida­ offers will be considered as filed on the effective at such time as the Secretary tion and distribution, such excess shall hour and respective dates shown for the may declare and shall continue in force be distributed to contributing handlers various classes enumerated in the fol­ until suspended or terminated, pursuant and producers in an equitable manner. lowing paragraphs: to § 902.91. M iscellaneous P r o v is io n s (1) Applications by persons having prior existing valid settlement rights, § 902.91 Suspension or termination. § 902.100 Agents. preference rights conferred by existing The Secretary may suspend or termi­ The Secretary may by designation in laws, or equitable claims subject to al­ nate this part or any provision of this writing, name any officer or employee of lowance and confirmation will be adjudi­ part, whenever he finds that this part or the United States to act as his agent or cated on the facts presented in support any provisions of this part, obstructs, or Representative in connection with any of of each claim or right. All applications does not tend to effectuate the declared the provisions of this part. presented by persons other than those referred to in this paragraph will be sub­ policy of the act. This part shall termi­ § 902.101 Separability of provisions. nate, in any event, whenever the provi­ ject to the applications and claims men­ sions of the act authorizing it cease to If any provision of this part, or its tioned in this paragraph. be in effect. application to any person or circum­ (2) All valid applications under the stances is held invalid, the application of homestead, desert land, and small tract § 902.92 Continuing obligations. such provision and of the remaining laws by qualified veterans of World War If under the suspension or termination provisions of this part, to other persons II or of the Korean Conflict, and by of any or all provisions of this part, there or circumstances shall not be affected others entitled to preference rights under are any obligations thereunder, the final thereby. the act of September 27, 1944 (58 Stat. 747; 43 U.S.C. 279-284), as amended, pre­ accrual or ascertainment of which re­ [F.R. Doc. 59-3837; Filed, May 5,. 1959; quires further acts by any person (in- sented prior to 10:00 a.m. on June 3, 8:49 a.m .] 1959, will be considered as simultaneously filed at that hour. Rights under such preference right applications filed after that hour and before 10:00 a.m. on Sep­ tember 2, 1959, will be governed by the NOTICES time of filing. (3) All valid applications and selec­ tions under the nonmineral public land New Mexico Principal Meridian laws, other than those coming under DEPARTMENT OF THE INTERIOR T. 30 N., R. 13 W., ~ paragraphs (1) and (2) above presented Bureau of 'land Management Sec. 17,Sy2SWi4; prior to 10:00 a.m. on September 2,1959, Sec. 20, NEy4 NWy4 . will be considered as simultaneously filed [Mise. NM No. 7] T. 2 N., R . 15 W., Sec. 3, Lots 1, 2, 3, NW%NE}4, S>/2Ny2, at that hour. Rights under such appli­ a n d S%. cations and selections filed after that NEW MEXICO hour will be governed by the time of The areas described aggregate 760.54 Order Providing for Opening of Public filing. acres. The mineral rights were not affected Lands The land in T. 30 N., R. 13 W., is lo­ by these exchanges. Pursuant to authority delegated to me cated 6 miles northwest of Farmington, Persons claiming veteran’s preference by Order No. 541, section 2.5, of the Di­ New Mexico. The topography is rough rights under Paragraph a (2) above must rector, Bureau of Land Management, ap­ and bisected by numerous sand washes enclose with their applications proper proved April 21, 1954 (19 F.R. 2473), the and active gullies. The soils are sandy evidence of military or naval service, following described lands reconveyed to and gravelly. Vegetation consists of galleta, sage brush, and pinon pine preferably a complete photostatic copy the United States in exchanges of land timber. of the cèrtificate of honorable discharge. made under the provisions of section 8 The lands in T. 2 N., R. 15 W., are lo­ Persons claiming preference rights based of the Act of June 28, 1934 (48 Stat. cated 9 miles northeast of Quemado, upon valid settlement, statutory prefer­ 1269), as amended, are hereby restored New Mexico. The topography is gently ence, or equitable claims must enclose to disposition under the applicable pub­ undulating mesa top, mesa sides, and properly corroborated statements in sup­ lic land laws as hereinafter indicated: moderately rolling valley bottom. Soils port of their applications, setting forth Wednesday, May 6, 1959 FEDERAL REGISTER 3653 all facts relevant to their claims. De­ Carrollton Livestock Auction, Carrollton, Notice is hereby given, therefore, that tailed rules and regulations governing O hio. the said Director, pursuant to authority Clark County Livestock Producers Associ­ delegated under the Packers and Stock- applications which may be filed pursuant ation, Springfield, Ohio. to this notice can be found in Title 43 of . Columbus Union Stock Yards, Franklin yards Act, 1921, as amended (7 U.S.C. the Code of Federal Regulations. T ow nship, O hio. 181 et seq.), proposes to issue a rule des­ Inquiries concerning these lands shall Crestón Live Stock Sales, Crestón,- Ohio. ignating the stockyards named above as be addressed to the Manager, Land Office, Damascus Livestock Auction, Damascus, posted stockyards subject to the provi­ Bureau of Land Management, P.O. Box O hio. sions of the act, as provided in section 1251, Santa Fe, New Mexico. DeGraff Livestock Sales, DeGraff, Ohio. 302 thereof. Dorset Sale, Dorset, Ohio. Any person who wishes to submit writ­ D ou g la s E . H e n r iq u e s , Farmers Livestock Auction Co., Marietta, ten data, views, or arguments concern­ Acting State Supervisor. O hio. Farmers Live Stock Association, Wooster, ing the proposed rule may do so by filing [F.R. Doc. 59-3820; Filed, May 5, 1959; O hio. them with the Director, Livestock Divi­ 8:47 a.m .] Farmers town Sale, Farmerstown, Ohio. sion, Agricultural Marketing Service, Gibsonburg Live Stock Auction, Gibson- United States Department of Agricul­ burg, Ohio. ture, Washington 25, D.G., within 15 days Granville Community Live Stock Sale, after publication hereof in the F ederal Office of the Secretary Granville, Ohio. R e g is t e r . Hartville Live Stock Auction, Hartville, [Order 2508, Arndt. 29] O hio. Done at Washington, D.C., this 29th Highland Producers Association, Hillsboro, day of April 1959. BUREAU OF INDIAN AFFAIRS O hio. Kenton Farmer’s Marketing Corp., Kenton, D avid M . P e t t u s , Delegation of Authority With Respect O hio. Director, Livestock Division, to Irrigation Matters London Stockyards Co., London, Ohio. Agricultural Marketing Service. Lugbill Bros., Inc., Archbold, Ohio. Section 15 of Order No. 2508, as Lynchburg Stock Yards, Lynchburg, Ohio. [F.R. Doc. 59-3825; Filed, May 5, 1959; amended (14 F.R. 258; 16 F.R. 473), is Mendon Livestock Exchange, Mendon, 8:48 a.m .] further amended by addition ^of a new O hio. paragraph (e), to read as follows: Mt. Hope Auction, Mt. Hope, Ohio. Muskingum Livestock Sales Co., Zanesville, S ec. 15. Irrigation matters. O hio. sje * $ * * Ohio Valley Livestock Co., Gallipolis, Ohio. Agricultural Research Service Orrville Livestock Auction, Orrville, Ohio. (e) The approval of contracts exe­ REGIONAL BUSINESS MANAGER AND cuted by landowners on approved form Peoples Livestock Exchange, Greenville, providing for the inclusion of their lands O hio. ADMINISTRATIVE SERVICES OFFI­ Pickaway Livestock Co-op. Association, Cir- CER, FORT WASHINGTON, PA. within the Michaud Division of the Fort cleville, Ohio. Hall Indian Reservation Irrigation Proj­ Preble County Livestock Producers Asso­ Delegation of Authority To Negotiate ect, Idaho. ciation, Eaton, Ohio. F red A . S e a t o n , Producers Livestock Association, Coshoc­ Contracts for Aerial Spraying in Secretary of the Interior. to n , O hio. State of New York Producers Livestock Association, Findlay, A p r il 30, 1959. O hio. Pursuant to the authority vested in [F.R. Doc. 59-3821; Filed, May 5, 1959; Producers Livestock Association, Hicksville, the Administrator, Agricultural Re­ 8:48 a.m .] O hio. search Service, by the Department of Producers Livestock Association, Lancaster, Agriculture, Office of the Secretary, Di­ O hio. rector, Office of Plant and Operations, Producers Livestock Association, Wapako- neta, Ohio. under date of April 24, 1959, authority DEPARTMENT OF AGRICULTURE Producers Livestock Association, Wilming­ is delegated to the Regional Business' Manager and the Administrative Serv­ Agricultural Marketing Service to n , O hio. Putnam County Livestock Coop. Associa­ ices Officer, Fort Washington, Pennsyl­ DES ARC AUCTION BARN ET AL. tion, Columbus Grove, Ohio. vania, to negotiate contracts, without Somerville Sale Barn, Somerville, Ohio. advertising, under sections 302(c) (4) Proposed Posting of Stockyards The Guernsey Livestock Sales, Cambridge, and 302(c) (10) of the Federal Property O hio. The Director of the Livestock Division, The Kidron Auction, Inc., Kidron, Ohio. and Administrative Services Act of 1949, Agricultural Marketing Service, United The M arietta Live Stock Market, Inc., Mari­ as amended (63 Stat. 377, 393; 41 U.S.C. States Department of Agriculture, has etta, Ohio. 252), for the aerial spraying of approxi­ information that the livestock markets The Union Stock Yards’ Co., Hillsborp, mately 75,000 acres in contiguous areas named below are stockyards as defined O hio. of Otsego and Delaware Counties in the in section 302 of the Packers and Stock- Tiffin Livestock Sales Co., Tiffin, Ohio. State of New York as part of the gypsy yards Act, 1921, as amended (7 U.S.C. Troy Livestock Exchange, Troy, Ohio. moth program. 202), and should be made subject to the Warren County Livestock Sales, Inc., Leb­ The authority hereby delegated shall anon, Ohio. be exercised in accordance with the re­ provisions of the act. W estern Ohio Livestock Exchange, Inc., Ce­ lina, Ohio. quirements of the above-titled act, par­ Des Arc Auction Barn, Des Arc, Ark. ticularly sections 304 and 307, the dele­ Elizabethtown Livestock Market, Eliza­ ^W heelersburg Live Stock Sales Co., Wheel- bethtown, N.C. ersburg, Ohio. ^ gation of authority by the Administra­ Mount Olive Livestock Market, Mount W ilmington Livestock Sales Co., Wilming­ tor, General Services Administration, to Olive, N.C. to n , O hio. the Secretary of Agriculture, under date Wells Livestock Market, life., Wallace, N.C. Zanesville Community Sales Co., Zanes­ of March 17, 1959 (24 F.R. 1921), the E llendale Live S to ck S ales CO., E llendale, ville, Ohio. Department regulations and Federal N. Dak. Grossman Sales Co., Brookings, S. Dak. Procurement Regulations, Part 1-3. Jamestown Sales Co., Inc., Jamestown, N. Menno Livestock Auction Co., Menno, S. Dak. D ak. The authority herein delegated may Mandan-Bismarck Livestock Commission Parker Dairy Cattle Exchange, Parker, S. not be redelegated. Co., M andan, N. D ak. D ak. Done at Washington, D.C., this 30th Stockman’s Livestock Auction, Ellendale, Sioux Falls Livestock Auction Co., Inc., N. Dak. S ioux F alls, S. D ak. day of April 1959. Williston Sales Ring, Williston, N. Dak. Wessington Springs Livestock Auction Co., B. T . S h a w , Sayre Livestock Auction, Sayre, Okla. Wessington Springs, S. Dak. Administrator, Barnesville Livestock, Barnesville, Ohio. Baytown Livestock Auction, Baytown, Agricultural Research Service. Bloomfield Livestock Auction, N o rtl Tex. Bloomfield, Ohio. Woodstock Livestock Market, Inc., Wood- [F.R. Doc. 59-3826; Filed, May 5, 1959; Canfield Livestock Auction, Canfield, Ohio stock, Va. 8:48 a.m .j 3654 NOTICES l(j) appearing on 10th Revised Page 4 surveys and studies, including power CIVIL AERONAUTICS BOARD and Rule No. 6(b) appearing on 4th Re­ market surveys, of the requirements for vised Page 9 of Railway Express Agency comprehensive development of river [Docket No. 10461; Order No. E-13820] Incorporated’s C.A.B. No. 85 be and basin water resources for hydroelectric RAILWAY EXPRESS AGENCY, INC. hereby are suspended and their use de­ power and other purposes; and analyz­ ferred to and including August 2, 1959 ing plans for and making recommenda- . Order of Investigation and Suspension (so far as applicable to interstate and tions concerning hydroelectric power in­ overseas air transportation), unless stallations at Federal river development Adopted by the Civil Aeronautics otherwise ordered by the Board, and that projects. Board at its office in Washington, D.C., no changes be made therein during the b. Electric energy. Regulating the on the 1st day of May 1959. period of suspension except by order or rates, accounts, depreciation practices, In the matter of the increased valua­ special permission of the Board. security issues, property dispositions, tion and c.o.d. charges proposed by Rail­ 3. The' proceeding ordered herein be mergers, consolidations, interconnec­ way Express Agency, Incorporated; assigned for hearing before an examiner tions, and coordination of facilities, of Docket No. 10461. of the Board at a time and place here­ public utilities engaged in the transmis­ Railway Express Agency, Incorporated, after to be designated. sion and sale for resale of electric energy (REA), has filed increased charges for 4. A copy of this order be filed with the in interstate commerce ; gathering, com­ excess valuation and for the collection aforesaid tariff and a copy be served upon piling, and publishing statistical and and remittance of c.o.d. charges, Railway Express Agency, Incorporated, other information concerning electric In May of 1956 REA filed with the- which is hereby made a party to this power and the electric power industry in Board proposed increased excess valua­ proceeding. This order shall also be pub­ the United States; and analyzing and tion and c.o.d. charges. These increases lished in the F ederal R e g is t e r . serving as the central source of infor­ amounted to 5.5 percent for the excess By the Civil Aeronautics Board (Vice mation concerning National and re­ valuation charges and 7 percent for the Chairman Gurney dissented). gional power supply and requirements. c.o.d. service. We investigated and sus­ c. Natural gas. Issuing certificates of pended such increases for the reason, [ se a l ] M abel M cC art, public convenience and necessity for the among others, that there appeared to be Acting Secretary. construction and operation of facilities no cost or other basis for the increases [F.R. Doc. 59-3838; Filed, May 5, 1959; for the transportation or sale for resale proposed.1 We found that the record in 8:49 a.m .] of riatural gas in interstate commerce; this investigation did not support these ordering extensions of facilities or serv­ increases, and accordingly the proposed ice, and authorizing abandonment of increases were found unjust and unrea­ such facilities or service; regulating the sonable.* The increases now before us FEDERAL POWER COMMISSION rates, accounts, and depreciation prac­ amount to approximately 40 percent with [Order 213] tices of certificated natural gas com­ respect to the excess valuation charges, panies; compiling and publishing statis­ and 30 percent for c.o.d. services, which STATEMENT OF ORGANIZATION tical and other information concerning the natural gas industry in the United are far greater than the previously pro­ A p r il 29, 1959. posed increases. States. REA has supplied no data or informa­ 1. Purpose. This statement, issued d. Federal power rates. Allocating pursuant to section 3(a)(1) of the Ad­ costs, and approving accounts, rates, and tion in support of the proposed increased ministrative Procedure Act (60 Stat. 238; charges, nor has it asserted that the related matters, for certain Federal existing charges fail to cover the costs 5 U.S.C. 1002), describes the current hydroelectric power projects. central and field organization of the Fed­ 4. Organization. The Federal Power of the services, or provide a reasonable eral Power Commission, including dele­ profit element thereon. In view of this, Commission as an agency of government gations of final authority and the estab­ consists of: the five-man Commission and in light of the earlier decision, the lished places at which, and methods Board finds that the aforesaid charges the immediate offices of the individual may be unjust and unreasonable, un­ whereby, the public may secure informa­ Commissioners ; the Chairman as execu­ tion or make submittals or requests. The tive and administrative head of the justly discriminatory, unduly preferen­ statement of organization adopted by tial, unduly prejudicial, or otherwise agency; the Executive Director; and the the Commission in its Order No. 157 (16 technical and administrative staff. ■unlawful. F.R. 137), as amended by Administrative The Board finds that its action herein a. The Commission. Except as pro­ Order No. 36 (20 F.R. 870), is hereby vided below with respect to executive is necessary and'appropriate in order to superseded. carry out the provisions and objectives and administrative functions, the Com­ 2. Nature and responsibilities of the mission is responsible for all plans, pro­ of the Federal Aviation Act of 1958, par­ agency. The Federal Power Commission, ticularly sections 204, 403, 404 and 1002 grams, and actions of the agency. The ai\ independent agency of the Federal members of the Commission are ap­ thereof. Government, established by an act ap­ Accordingly, it is ordered, That: pointed by the President, by and with proved June 20, 1930 (46 Stat. 797), is the consent of the Senate. The Chair­ 1. An investigation be and hereby' is responsible for: Administration-and en­ instituted to determine whether the pro­ man is designated by the President. A forcement- of the Federal Power Act and Vice Chairman is elected annually by visions and charges contained in Rule the Natural Gas Act; certain duties un­ No. 1 (j) appearing on 10th Revised Page the members of the Commission. Any der the Flood Control Act of 1938 and three members of the Commission con­ 4 and 3d Revised Page 5 and the provi­ subsequent Flood Control Acts, the River sions and charges contained in Rule No. 6 stitute a quorum for the transaction of and Harbor Act of 1945 and subsequent business. appearing on Original Page 7, Original River and Harbor Acts, and a number Page 8, 4th Revised Page 9 and 4th Re­ b. Commissioners offices. Each Com­ of other statutes, pertaining principally missioner’s immediate office is subject to vised Page 10 of Railway Express Agency, to Federal power projects; and certain Incorporated’s C.A.B. No. 85 are, or will his exclusive jurisdiction. Persons em­ functions pursuant to Executive Order ployed there regularly and full-time are be, unjust, unreasonable, unjustly dis­ 10485 (18 F.R. 5397) relating to electric criminatory, unduly preferential, Unduly selected by him, perform such duties as power and natural gas facilities located he may assign, and are responsible to prejudicial, or otherwise unlawful, and on the borders of the United States. if found to be unlawful, to deter­ him alone. 3. Functions. The principal functions ' c. Chairman. The Chairman is the mine and prescribe the lawful charges of the Commission are: and provisions. principal executive officer of the agency, 2. Pending such investigation, hear­ a. Hydroelectric resources. Licensingresponsible for all executive and admin­ hydroelectric power projects on waters istrative functions except those reserved ing and decision by the Board, Rule No. over which the Congress has jurisdiction, or on Federal lands, or utilizing surplus to the Commission by Reorganization 1 Order No. E-10352, adopted June 6 , 1950. water or water power from Federal Plan No. 9 of 1950 (64 Stat. 1265). •In the Matter of the Increased Valuation d. Executive Director. The Executive and C.O.D. Charges Proposed by Railway dams; collecting and recording data con­ Express Agency, Incorporated, Docket 8055, cerning developed and undeveloped Director, under the direction of the Order No. E-13072, dated October 16, 1958. water resources of the Nation; making Commission on substantive matters, and Wednesday, May 6, 1959 FEDERAL REGISTER 3655 as the Chairman’s delegate on executive (5) The Office of the Secretary, re­ the Commission unless good cause is and administrative matters, is respon­ sponsible for the secretariat function shown for the late filing. sible for and takes action to insure the of the Commission, including the duties (9) Waive requirements of the Com­ effectiveness and efficiency of staff of the Secretary as set forth in the mission’s rules and regulations, when operations. Commission’s rules of practice and pro­ consistent with the public interest in a e. The Staffi The Commission’s staffcedure and its regulations under the particular case. is comprised of nine bureaus and offices, Federal Power and Natural Gas Acts (18 (10) Pass upon questions of extending as follows, each consisting of a single CFR 1.1 et seq.) ; and for action on time for electric public utilities, licensees, organizational unit, without subdivision, behalf of the Commission pursuant to the natural gas companies, and other persons except where otherwise indicated: delegations of final authority described to file required reports, data, and infor­ (1) The Bureau of Power, responsible in section 5 below. mation and to do other acts required or for all staff activities pertaining to water (6) The Office of Hearing Examiners, allowed to be done at or within a specific resources, hydroelectric power, and the responsible for discharging the func­ time by any rule, regulation, license, per­ electric power industry, except: legal, tions and exercising the powers of pre­ mit, certificate, or order of the Commis­ accounting, financial, and related sta­ siding officers in hearings, in accordance sion, not to exceed in any event an exten­ tistical matters; regulation of rates for wifii the provisions of sections 7 and 8 sion of six months beyond the time or the transmission and sale of electric of the Administrative Procedure Act and period originally prescribed.. power; and other matters responsibility § 1.27 of the Commission’s rules of (11) Accept service of process upon be­ for which is assigned to other elements practice and procedure (18 CFR 1.27).; half of the Commission. of the staff as provided in e (5) through (7) The Office of Special Assistants (12) Accept for filing bonds and under­ (9) below. The Bureau is divided into to the Commission, responsible for as­ takings submitted pursuant to the re­ a headquarters office at Washington and sisting the Commission in the prepara­ quirements of Commission orders when five regional offices. The headquarters tion of opinions, orders, and other legal they are found to be satisfactory. office consists of the Chief of the Bureau documents, and for analyzing excep­ (13) Notify independent producers, as of Power and his immediate staff, a tions, preparing summaries of facts and defined in § 154.91 of the Commission’s Division of Licensed Projects, a Division issues, and performing related duties, regulations under the Natural Gas Act of Electric Resources and Requirements, as assigned. (18 CFR 154.91), of the acceptance of and a Division of River Basins. The (8) The Office of Public Reference, re­ the statements, filed by such producers, Regional Offices, at New York, Atlanta, sponsible for the public information ac­ invoking § 157.28 of said regulations (18 Chicago, Fort Worth, and San Fran­ tivities of the agency, including issuance CFR 157.28), and; when appropriate, no­ cisco, are responsible within their re­ of press releases, sale and distribution of tify such producers of the acceptance of spective geographic areas for Bureau publications, and public reference the related rate filings, so that' the pro­ functions which can be done most effec­ service. posed temporary sales or transportation tively and efficiently in the field, includ­ (9) The Office of Administration, re­ may proceed upon receipt gf such notices. ing field investigations and studies, sponsible for administrative and man­ (14) Take the following action on rate consultations, and inspections. agement services of the agency. The schedule and certificate filings submitted (2) Tne Bureau of Rates and Gas Office consists of the Director of Ad­ by independent producer Natural Gas Certificates, responsible for all staff ministration and his immediate office, Companies prior to issuance on Septem­ activities pertaining to the natural gas Divisions of Personnel, Budget arid Fi­ ber 27, 1956, of Order No. 190 (16 FPC industry and to rates for electric power, nance, and General Services, and the 492, 21 F.R. 7616, October 4,1956) involv­ except: legal matters; the uniform sys­ Library. ing non-signatory parties or percentage tems of accounts; original cost and 5. Delegations of final authority.sales which may be found to be in con­ reclassification studies; federal project The Commission has authorized: flict with said order: Vacate the orders cost allocations; financial and related a. The Secretary, or in his absence, previously issued granting certificates of statistical matters, including rate-of- the Acting Secretary, to: public convenience and necessity, and return studies; and other matters re­ (1) Sign official correspondence on cancel the prior acceptances of, and re­ sponsibility for which is assigned to behalf of the Commission. ject, the related rate schedules, after the other elements of the staff, as provided (2) Prescribe the time for filing by Applicant or filing party has been ad­ in e (5) through (9) below. electric utilities, licensees, natural gas vised that such action is contemplated (3) The Office of the Chief Account­ companies, and other persons, answers and given 15 days for filing a response to ant, responsible for all staff activities to complaints, petitions, motions, and the letter of notification, or upon request pertaining to accounting, financial, and other pleadings and documents, pro­ of an independent producer who is a statistical matters (including rate-of- vided that no answers shall be required non-operating signatory party, cancel return studies), except: legal matters; to be filed in less than ten days after the prior acceptance of and reject the accounting investigations relating to the date of service of the pleading or rate schedules where certificate applica­ rates and charges for electric power and document to which answer is to be tions have been or are currently being natural gas; statistics on hydroelectric made. rejected; advise the filing party of final resources, power systems, power supply (3) Schedule hearings and issue no­ action by appropriate letter. and requirements, and electric plant tices thereof. (15) Take the following actions on construction costs and production ex­ (4) Accept for filing, subject to the certificate and rate schedule filings of penses; and other matters responsibility order of the Commission, notices of in­ independent producers, where the sales for which is assigned to other elements tervention and petitions to intervene by involved are not of an interstate char­ of the staff, as provided in e (5) through acter, or where proposed interstate sales State commissions and Federal agencies. were never made: (i) Upon request of (9) below. The Office consists of the (5) Reject petitions to intervene filed Accpuntant and his immediate the filing party, vacate the order previ­ in a period later than ten days next pre­ ously issued granting a certificate of staff, a Division of Accounts, and a Di­ ceding the date the matter is set for vision of Finance and Statistics. The hearing, unless good cause is shown for public convenience and necessity; and Division of Accounts includes a field (ii) cancel the prior acceptance of and the late filing. permit withdrawal of the related rate uiut with headquarters in San Francisco. (6) Consolidate proceedings for hear­ Fre, Chief Accountant, in addition to schedule-upon request of the filing party bis duties as head of the office, has per­ ing simultaneously on a consolidated or where the certificate application is sonal responsibility for the over-all cor­ record, and sever proceedings which concurrently being or has been previ­ relation and adequacy of the accounting have been consolidated. ously withdrawn. nd related functions of all bureaus and (7) Deny motions or requests for ex­ (16) Publish Notice of Land With- >■ offices of the staff. tensions of time filed later than the time drawals under section 24 of the Federal prescribed by the rules unless good cause Power Act. (4) The Office of the General Coun­ is shown for the late filing. sel, responsible for the legal phases of (17) Approve, with respect to partic­ (8) Reject pleadings, briefs, and other ular parcels of land within the project ail Commission functions, including lit­ documents filed later than the time pre­ area of a licensed water-power project, igation in the courts. scribed by an order, rule, or regulation of the conveyance by the licensee to an- No. 88----- 5 3656 NOTICES other legal entity of an interest therein [Docket No. G-17866] Southern, for *such amounts up to a for use for a non-project purpose, sub­ COASTAL TRANSMISSION CORP. AND maximum amount equal to the product ject to the right of . the licensee, its of the quantity of gas delivered by successors and assigns to use the land for SOUTHERN NATURAL GAS CO. Coastal to Southern multiplied by the all project purposes contemplated by the Notice of Application and Date of applicable price under any contract pur-, license for the project. Hearing suant to which Southern is so obligated b. The Chief Accountant, or in his ab­ to make any such minimum annual take sence the Acting Chief, to issue inter­ April 29, 1959. payment. If Southern exercises its pretations of the Uniform Systems of Take notice that Coastal Transmission make-up rights in subsequent periods as Accounts for Public Utilities, Licensees, Corporation (Coastal), a Delaware cor­ to any portion of the quantity of gas for and Natural Gas Companies. poration, with a principal place of busi­ which Coastal reimbursed Southern, c. Regional Engineers of the Bureau ness in Houston, Texas, and Southern Coastal will be afforded a comparable of Power, or, in the absence of a Regional Natural Gas Company, a Delaware cor­ make-up right. Southern states its con-. Engineer, the Acting Regional Engineer, poration with a principal place of busi­ tract dated August 15, 1957 with" C. H. to grant 30-day extensions of time for ness in Birmingham, Alabama, filed a Lyons, Sr., et al., for the purchase of gas filing Power System Statements (Forms joint application pursuant to section 7 in the Mystic Bayou and Bayou Long 12, 12A, etc.). of the Natural Gas Act on February 17, Fields (23.25 cents per Mcf) is the only d. The Chief Examiner, and the Ex­ 1959, and a supplement thereto on March contract which will be considered in de­ aminers designated to preside at hear­ 19, 1959, for a certificate of public con­ termining whether receipt of gas from ings, to exercise the functions and powers venience and necessity authorizing the Coastal is responsible for any minimum stated and enumerated for presiding construction and operation of inter­ take payment for which Southern may officers in the Commission’s rules of connecting facilities between Southern’s be liable. practice and procedure, particularly existing Mystic Bayou lateral and Coast­ This matter is one that should be dis­ § 1.27 (18 CFR 1.27). al’s recently completed Mystic Bayou— posed of as promptly as possible under 6. Information and submittals, a.Bay Natchez lateral at a point in the the applicable rules and régulations and Headquarters of the Federal Power Com­ Mystic Bayou Field, St. Martin Parish, to that end: h mission are in the General Accounting Louisiana, subject to the jurisdiction of Take further notice that, pursuant to Office Building, 441 G Street NW„ Wash­ the Commission, all as more fully de­ the authority contained in and subject to ington, D.C. Information concerning scribed in the application on file with the jurisdiction conferred upon the Fed­ matters for which the Commission is re­ the Commission and open to public eral Power Commission by sections 7 and sponsible may be obtained in person at inspection. 15 of the Natural Gas Act, and the Com­ that office, or by written request ad­ The facilities will be used initially for mission’s rules of practice and procedure, dressed to the Secretary, Federal Power the delivery of gas by Coastal to South­ a hearing will be held on May 27, 1959, Commission, Washington 25, D.C. All ern until Coastal’s main line facilities at 9:30 a.m., e.d.s.t., in a hearing room formal requests, filings, and submittals ..(authorized in Docket No. G-9960) go of the Federal Power Commission, 441 G should be addressed to the Secretary, into operation or until January 1, 1961, Street NW., Washington, D.C., concern­ pursuant to 18 CFR 1.2(c). whichever is sooner. After Coastal ceases ing the matters involved in and the is­ b. Regional Offices of the Bureau of deliveries, Southern will return equiva­ sues presented by such application: Pro­ Power, to which should be submitted all lent volumes to Coastal through the same vided, however, That the Commission prescribed Power System Statements, interconnection. may, after a noncontested hearing, dis­ and from which may be obtained in­ The application states (1) Coastal is pose of the proceedings pursuant to the formation concerning power matters as­ presently constructing its main line and provisions of § 1.30(c) (1$ or (2) of the signed to them, are located as follows: associated supply line facilities from Commission’s rules of practice and pro­ McAllen, Texas to Baton Rouge, Louisi­ cedure. Under the procedure herein (1) New York Regional Office, at 139 Centre provided for, unless otherwise advised, Street, New York 13, N.Y., serving: Con­ ana for delivery of up to 280,000 Mcf per necticut, Delaware, District of Columbia, day to Houston Texas Gas and Oil Cor­ it will be unnecessary for Applicant to jyiaine, Maryland, Massachusetts, New Hamp­ poration for resale in Florida, and that appear or be represented at the hearing. shire, New Jersey, New York, part of Ohio, pending completion of its main line, Protests or petitions to intervene may Pennsylvania, Rhode Island,. Vermont, West three of Coastal’s contracted suppliers, be filed with the Federal Power Com­ Virginia, and part of Virginia. Delhi-Taylor Oil Corporation and Cities mission, Washington 25, D.C., in ac­ (2) Atlanta Regional Office, at Peachtree- Service Production Company in the Bay cordance with the rules of practice and Seventh Building, 50 7th Street NE., Atlanta Natchez Field and "Shell Oil Company in procedure (18 CFR 1.8 or 1.10) on or 23, Ga., serving: Alabama, Florida, Georgia, before May 20, 1959. Failure of any Kentucky, eastern half of Mississippi, North the Mystic Bayou Field, face substantial Carolina, South Carolina, Tennessee, and shut-in payments to royalty owners and party to appear at and participate in the part of Virginia. (2) in addition, drainage of Shell’s re­ hearing shall be construed as waiver of (3) Chicago Regional Office, in the United serves is possible as Southern is receiving and concurrence in omission herein of States Custom House, 610 South Canal Street* gas from the Mystic Bayou Field. the intermediate decision procedure in Chicago 7, 111., serving: Illinois, Indiana, Coastal proposes to eliminate losses to cases where a request therefor is made. Iowa, Michigan, Minnesota, parts of Missouri these suppliers by delivering gas to and Montana, North Dakota, part of Ohio, [seal] J oseph H. Gutride, South Dakota, Nebraska, and Wisconsin. Southern through the proposed inter­ Secretary. (4) Fort Worth Regional Office, at 300 connecting facilities until its main line West Vickery Boulevard, Fort W orth 4, Tex., is completed. Coastal’s supply lines in [F.R. Doc. 59-3804; Filed, May 5, 1959; serving: Arkansas, Colorado, Kansas, Louisi­ this area have been completed. South­ 8:45 a.m .] ana, parts of Mississippi and Missouri, New ern proposes to later reverse the flow Mexico, Oklahoma, Texas, and Wyoming. through the same facilities and redeliver (5) San Francisco Regional Office, in the a volume equal to the aggregate quantity United States Custom House, 555 Battery [Docket No. G-17335 etc.] Street, San Francisco 11, Calif., serving: delivered by Coastal. Arizona, California, Idaho, part of Montana, Coastal states it expects to put its TEXAS GAS TRANSMISSION CORP. Nevada, Oregon, Utah, and Washington. main line facilities~lhto operation and cease deliveries to Southern by June ET AL. c. Public files and records, described 1959. If, however, deliveries by Coastal Notice of Date of Hearing in 18 CFR 1.36, aré available for public to Southern continue beyond December inspection in the Office of Public Refer­ 31, 1959, and if Southern -becomes obli­ April 29, 1959. ence at agency headquarters. gated under any of its contracts with its In the matters of Texas Gas Trans­ By the Commission. suppliers to make a minimum annual mission Corporation, Docket No. G- take payment in respect of any contract 17335; Texas Eastern Transmission Cor­ [ seal] J oseph H. Gutride, year any portion of which is in effect poration, Docket No. G-17420; Heme Secretary. after December 31, 1959, and while de­ Natural Gas Company, Docket No. G- [F.R, Doc. 5V-3803; Filed, May 5, 1959; liveries of gas from Coastal to Southern 17565; Texas Gas Exploration Corpora­ 8:45 a.m .l continue, then Coastal will reimburse tion, Docket No. G-17336; J. Ray Wednesday, May 6, 1959 FEDERAL REGISTER 3657 Dermott & Co., Ihc., Docket No. G-17337 ; cuted by Clark Bros. Company of Olean, creased rate proposals filed by Union Kilroy Properties Incorporated, et al., New York, which firm will bear the costs Producing Company (Union), as an in­ Docket No. G-17338; The California of engineering, fabrication and installa­ dividual and as Operator, et al., which Company, Docket No. G-17339; Callery tion estimated at $1,559,600, while Appli­ were suspended by orders of the Com­ Properties, Inc., Docket Nos. G-17340 cant will pay the remaining cost of mission in accordance with the provi­ and G-17341; Ocean Drilling & Explora­ installing control, supervisory and com­ sions of section 4 of the Natural Gas Act. tion Company, Docket Nos. G-17342 and munication equipment, estimated at In view of the fact that suspension G-17343; Humble Oil & Refining Com­ $100,000. Applicant has the option (but orders are outstanding with respect to pany, Docket No. G-17391 ; Amerada Pe­ not the obligation) to purchase these fa­ a large number of sales by Union, raising troleum Corporation, Docket Nos. G- cilities from Clark Bros. Company before the question of the lawfulness of the 17393 and G-17407; Kerr-McGee Oil the end of the test period, January 1, rates remaining in effect by virtue of the Industries, Inc., Docket No. G-17396; Bel 1961, at a price to be set by Çlark Bros. respective suspension orders, it is appro­ Oil Corporation, Docket No. G-17397; Company. priate that a rate investigation be insti­ Caroline Hunt Sands and Loyd B. Sands, This matter is one that should be dis­ tuted herein and that such investigation Docket No. G-17398; Richardson & Bass posed of as promptly as possible under be broad enough to cover all of Union’s (Louisiana Account), Operator, Docket the applicable rules and regulations and rates and charges for sales of gas, sub­ No. G-17399; Magnolia Petroleum Com­ to that end: ject to the jurisdiction of the Commis­ pany, Docket No. G-17401; Beck Oil Take further notice that, pursuant to sion. It appears that, upon the basis of Company et ak, Docket No. G-17402; the authority contained in and subject data available to the Commission, the Phillips Petroleum Company, Docket No. to the jurisdiction conferred upon the rates, charges, and classifications for or G-17405; Mississippi River Fuel Corpo­ Federal Power Commission by sections in connection with the sales or trans­ ration, Docket No. G-17413; Union Oil 7 and 15 of the Natural Gas Act, and portation of natural gas by Union, sub­ Company of California, Docket No. G- the Commission’s rules of practice and ject to the jurisdiction of the Commis­ 17457; Tidewater Oil Company, Docket procedure, a hearing will be held on May sion, and the rules and regulations, Nos. G-17463, G-17474, G-17475 and G- 27, 1959, at 9:30 a.m., e.d.s.t., in a Hear­ practices, and contracts relating thereto 17483; Continental Oil Company, Docket ing Room of the Federal Power Commis­ may be unjust, unreasonable, unduly Nos. G-17554 and G-17566; Shell Oil sion, 441 G Street NW., Washington, discriminatory, or preferential. Company, Docket No. G-17560; Pan D.C., concerning the matters involved in The Commission finds: American Petroleum Corporation, and the issues presented by such appli­ (1) Union Producing Company is an Docket No. G-17574. cation: Provided, however, That the independent producer of natural gas Take notice that, pursuant to the au­ Commission may, after a non-contested and is a “natural-gas company” within thority contained in and subject to the hearing, dispose of the proceedings pur­ the meaning of the Natural Gas Act, jurisdiction conferred upon the Federal suant to the provisions of § 1.30(c) (1) being engaged in the sale and delivery "Power Commission by sections 7 and 15 or (2) of the Commission’s rules of prac­ of natural gas in interstate commerce of the Natural Gas Act, and the Commis­ tice and procedure. Under the procedure for resale for ultimate public con­ sion’s rules of practice and procedure, a herein provided for, unless otherwise ad^ sumption. hearing will be held on June 10, 1959, at vised, it will be unnecessary for Appli­ (2) It is necessary and proper in the 10 a.m., e.d.s.t., in a hearing room of the cant to appear or be represented at the public interest and to aid in the enforce­ Federal Power Commission, 441 G Street hearing. ment of the provisions of the Natural NW., Washington, D.C., concerning the Protests or petitions to intervene may Gas Act that an investigation be insti­ matters involved in and the issues pre­ be filed with the Federal Power Commis­ tuted by the Commission, upon its own sented by the applications in the above sion, Washington 25, D.C., in accordance motion, into and concerning all rates, listed dockets. with the rules of practice and procedure charges, or classifications demanded, ob­ [sea l] J o s e p h H . G tttride, (18 CFR 1,8 or 1.10) on or beforeMay served, charged, or collected by Union Secretary. 20,1959.- Failure of any party to appear Producing Company in connection with at and participate in the hearing shall any transportation or sale of natural gas, [F.R. Doc. 59-3805; Piled, May 5, 1Ô59; be construed as waiver of and concur­ subject to the jurisdiction of the Com­ 8:45 a.m .] rence in omission herein of the inter­ mission, and any rules, regulations, prac­ mediate decision procedure in cases tices, or contracts affecting such rates, where a request therefor is made. charges, or classifications. The Commission orders: [Docket No. G-18121] [ s e a l ] J o s e p h H . G tttride, Secretary. (A) An investigation of Union Pro­ COLUMBIA GULF TRANSMISSION CO. ducing Corporation is hereby instituted [F.R. Doc. 59-3806; Filed, May 5, 1959; under the provisions of the Natural Gas Notice of Application and Date of 8:45 a.m .] Act, particularly sections 5 and 15 Hearing thereof, for the purpose of enabling the Commission to determine whether, with . A p r il 29, 1959. respect to any transportation or sale of Take notice that on March 20, 1959, [Docket No. G-18354 etc.] natural gas, subject to the jurisdiction of Columbia Gulf Transmission Company UNION PRODUCING CO. ET AL. the Commission, made or proposed to be (Applicant) filed in Docket No. G-18121 made by Union Producing Company, any an application pursuant to section 7(c) Order Instituting Rate Investigation; of the rates, charges, or classifications of the Natural Gas Act for a certificate of Consolidating Proceedings, and demanded, observed, charged, or col­ • public convenience and necessity author­ Fixing Date of Hearing lected, or any rules, regulations, prac­ izing the construction and operation of tices, or contracts affecting such rates, an additional 4,000 horsepower compres­ A p r il 29, 1959. charges, or classifications are unjust, sor engine unit at Applicant’s existing In the matters of Union Producing unreasonable, unduly discriminatory, or Compressor Station No. 4 near Hamp­ Company, Docket No. G-18354; Union preferential. e r 6* Tennessee, all as more fully set Producing Company, Docket Nos. (B) If the Commission, after a hear­ forth in the application and exhibits G-;3811, G-13820, G-14114, G-14352, ing has been had, shall find with respect which are on file with the Commission G-14553, G-15549, G-15661, G-15745, to Union Producing Company that any of and open to public inspection. G-16336, G—16725, G-17589, G-17606; its rates, charges, classifications, rules, The subject proposal is for the purpose Union Producing Company (Operator) regulations, practices, or contracts, sub­ oi testing the economics and feasibility et al., Docket No. G-15550. ject to the jurisdiction of the Commis­ of using remote-controlled, unattended, By notice dated March 30, 1959, the sion, are unjust, unreasonable," unduly '«-cycle gas engines driving centrifugal proceedings instituted by the Commis­ discriminatory, or preferential, the Com­ compressors in future installations on sion in Docket Nos. G-13811, through mission will thereupon determine and fix Applicant’s system. and inclusive of G-17606, and Docket No. by order or orders just and reasonable The estimated total cost of the G -15550, were consolidated and set for rates, charges, classifications, rules, experimental installation is hearing on June 23, 1959. All of the regulations, practices, or contracts to be ?>J.,559,600. Construction is to be exe­ aforementioned proceedings involve in­ thereafter observed and in force. 3658 NOTICES (C) Pursuant to the authority con­ hearings and to dispose of the proceed­ classifications, rules, regulations, prac­ tained in and subject to the jurisdiction ings as promptly as possible, it is con­ tices, or contracts to be thereafter ob­ conferred upon the Federal Power Com­ sidered that such related proceedings served and in force. mission by the Natural Ga$> Act, includ­ should be heard on a consolidated record. _(C) In accordance with the Commis­ ing particularly sections 4, 5, 14, 15, and In addition to the questions concerning sion's prior orders for hearings in each of 16 thereof, and the Commission’s rules the lawfulness of Sun’s increase rate the above-entitled proceedings and pur­ and regulations (18 CFR Ch. I ) , the pro­ proposals, the large number of sales of suant to the authority contained in and ceedings in the above-designated Docket natural gas that have been suspended subject to the jurisdiction conferred Nos. G-13811, through and inclusive of by the Commission raise the question of upon the Federal Power Commission by G-17606, and Docket No. G-15550, and the lawfulness of the rate remaining in the Natural Gas Act, including particu­ the rate investigation proceeding hereby effect by virtue of the respective suspen­ larly sections 4, 5, 14, 15, and 16 thereof, instituted in Docket No. G-18554, are sion orders. In view of these questions, and the Commission’s rules and regula­ hereby consolidated for the purpose of it is appropriate that a rate investigation, tions (18 CFR Ch. I), the proceedings in hearing. be instituted herein and that such inves­ the above-designated Docket Nos. G- (D) The public hearing heretofore tigation be broad enough to cover all of 8288, through and inclusive of G-18094, scheduled to commence on June 23, 1959, the Sim Oil Company’s rates and charges Docket Nos. G-13425, through and in­ at 10:00 a.m., e.d.s.t.; in a Hearing Room for sales of gas subject to the jurisdic­ clusive of G-17923, Docket No. G-13426, of the Federal Power Commission, 441 tion of the Commission. It appears that, and G-18353, are hereby consolidated for G Street NW., Washington, D.C., shall upon the basis of data available to the the purpose of hearing. , concern the matters involved and the Commission, the rates, charges, and (D) The public hearing will com­ issues presented in the consolidated pro­ classifications for or in connection with, mence on Tuesday, July 21,1959, at 10:00 ceedings designated in paragraph (C) the sale or transportation of natural gas a.m., e.d.s.t., in a Hearing Room of the above. by the Sun Oil Company subject to the Federal Power Commission, 441 G Street (E) When the said hearing com­ jurisdiction of the Commission, the rules NW., Washington, D.C., concerning the mences on June 23, 1959, Union Produc­ and regulations, practices, and contracts matters involved and the issues presented ing Company shall go forward first and relating thereto may be unjust, unrea­ in the consolidated proceedings desig­ complete the presentation of evidence in sonable, unduly discriminatory, or pref^" nated in paragraph (C) above. its direct cases in these consolidated pro­ erential. ( É ) When the said hearing commences ceedings. The presiding examiner shall The Commission finds: on July 21, 1959, Sun Oil Company shall thereafter proceed as may be found ap­ (1) Sun Oil Company is an indè- go forward first and complete the pres­ propriate under the Commission’s rules pendent producer of natural gas and is entation of evidence in its direct cases in of practice and procedure. a “natural-gas company” within the these consolidated proceedings. The (F) Interested State commissions may meaning of the Natural Gas Act, being presiding examiner shall thereafter pro­ participate as,provided by §§1.8 and engaged in the sale and delivery of nat­ ceed as may be found appropriate under 1.37(f) of the Commission’s rules of prac­ ural gas in interstate commerce for re­ the Commission’s rules of practice and tice and procedure (18 CFR 1.8 and sale for ultimate public consumption. procedure. 1.37(f)). (2) It is necessary and proper in the (F) Interested State commissions puplic interest and to aid in the enforce­ may participate as provided by §§ 1.8 and By the Commission. ment of the provisions of the Natural 1.37 (f ) of the Commission’s rules of prac­ [ seal] J oseph H. Gutride, Gas Act that an investigation be insti­ tice and procedure (18 CFR 1.8 and , Secretary. tuted by the Commission, upon its own 1.37(f)). [F.R. Doc. 59-3807; Filed, May 5, 1959; motion, into and concerning all rates, By the Commission. 8 :4 6 a.m .] charges, or classifications demanded, ob­ served, charged, or collected by Sun Oil [seal] J oseph H. Gutride, v Company in connection with any trans­ Secretary. portation or sale of natural gas, subject [F.R. Doc. 59-3808; Filed, May 5, 1959; [Docket No. G-18353 etc.] to the jurisdiction of the Commission, 8:46 a.m .] and any rules, regulations, practices, or SUN OIL CO. ET AL. contracts affecting such rates, charges, Order Instituting Rate Investigation, or classifications. (3) The hearings ordered in the afore­ [Docket No. G-16548 etc.] Consolidating Proceedings, and mentioned suspension orders, as well as Fixing Date of Hearing Sun’s rate investigation proceeding, PURE OIL CO. ET AL. April 29, 1959. should be consolidated for hearing as Notice of Applications and Date of In the matters of Suh Oil Company, hereinafter provided. Hearing Docket No. G-18353; Sun Oil Company, The Commission orders : Docket Nos. G-8288, G-12841, G-12880, (A) An investigation of Sun Oil Com­ April 29, 1959. G-13316, G—13444, G-13585, G-13617, pany is hereby instituted under the pro­ In the matters of The Pure Oil Com­ G-13618, G-13664, G-13937, G-15010, visions of the/’Natural Gas Act for the pany, Operator,1 Docket No. G-16548; G-15016, G-15450, G-15633, G-15743, purpose of enabling the Commission to Hughes River Oil & Gas Company, Docket G-16257, G-16396, G-16410, G-16621, detërmine whether, with respect to any No. G-16549; M. B. Chastain, Operator, G-16624, G-16684, G-16686, G-16700, transaction or sale of natural gas, sub­ et al.,2 Docket No. G-16554; C. G. Glass- G-16810, G—17274, G-17346, G-17717, ject to the jurisdiction of the Commis­ cock-Tidelands Oil Company et al., G-18094; Sun Oil Company (Operator) sion, made or proposed to be made by Docket No. G-16558; Edwin G. Bradley, et al., Docket Nos. G-13425, G-13619, Sim Oil Company, any of the rates, Operator,4 Docket No. G—16559; Mobley G-15011, G-15632, G-15768, G-16258, chargés, or classifications demanded, ob­ & Stephens,5 Docket No. G-16562; Kerr- G-16622, G—16685, G-16699, G-17354, served, charged, or collected, or any rules, McGee Oil Industries, Inc.,8 Docket No. G-17923; Sun Oil Company et al„ Docket regulations, practices, or contracts affect­ G-16565; W. B. Gibson and O. M. Harris, No. G-13426. ing such rates, charges, or classifications et al., Docket No. G-16568; Woodrum The above-entitled proceedings in are unjust, unreasonable, unduly dis­ Gas Company, Docket No. (3-16574*, Docket Nos. 8288, through and inclusive criminatory, or preferential. Union Oil Company of California, of G-18094, Docket Nos. G-13425, (B) If the Commission, after a hear­ Docket No. G-16575; Cities Service OH through and inclusive of G-17923, and ing has been had, shall find with respect Company,8 Docket No. G-16577; Starcher Docket No. G-13426, involve increase to Sun that any of its rates, charges, Oil & Gas Co., Docket No. G-16585. rate proposals made by Sun Oil Company classifications, rules, regulations, prac­ Take notice that each of the above- (Sun), as an individual, as Sun Oil Com­ tices, or contracts, subject to the juris­ designated parties, hereinafter referred pany (Operator), et al., and as Sun Oil diction of the Commission, are unjust, to as Applicants, has filed an applica­ Company, et al., which have been sus­ unreasonable, unduly discriminatory, or tion for a certificate of public conven­ pended by orders of the Commission with preferential, the Commission will there­ ience and necessity, pursuant to section the provisions that public hearings be upon determine and' fix by order, or or­ held thereon. In order to facilitate such ders, just and. reasonable rates, charges, See footnotes at end of document. Wednesday, May 6, 1959 FEDERAL REGISTER 3659

7 of the Natural Gas Act^ authorizing Protests or petitions to intervene may [Docket No. G-18406] the respective applicants to render serv­ be filed with the Federal Power Com­ ice as hereinafter described, subject to mission, Washington 25, D.C., in accord­ UNITED GAS PIPE LINE CO. the jurisdiction of the Commission, all as ance with the rules of practice and pro­ Order Providing for Hearing and Sus­ more fully represented in their respec­ cedure (18 CFR 1.8 or 1.10) on or before pending Proposed Revised Tariff tive applications which are on file with May 22, 1959. Failure of any party to the Commission and open to public appear at and participate in the hearing Sheets inspection. shall be construed as waiver of and con­ April 29, 1959. Applicants produce and propose to sell currence in omission herein of the inter­ United Gas Pipe Line Company natural gas for transportation in inter­ mediate decision procedure in cases (United Gas) on March 30, 1959, ten­ state commerce for resale as indicated where a request therefor, is made. dered for filing twenty-seven (27) tariff below: sheets as follows: Third Revised Sheets [seal] J oseph H. Gtjtride, Nos. 34, 35, 44, and 45; Fourth Revised Docket No. and Date of Filing; Applicant; Secretary. Field; Purchaser and Applicant’s Related Sheets Nos. 8, 14, and 104; Fifth Revised FPC Gas Rate Schedule 1 The Pure Oil Co., Operator, is filing for Sheets Nos. 4, 6, 10, 12, 16, 17, 17-A, 18, itself and, as operator, lists in the applica­ 19, 20, 21, 23, 25, 27, 28, 30, 32, 100 and G-16548, Oct. 8, 1958; The Pure Oil Co., tion the name and percentage of working 103 and Sixth Revised Sheet No. 101, to Operator; Keyes Fieid, Cimarron County, interest of nonoperator. Application covers its FPC Gas Tariff, First Revised Volume Okla.; Colorado Interstate Gas Co.; Supp. 1 an amendatory agreement dated September to No. 36. 5,-1958,. which adds additional acreage to a No. 1, proposing an annual increase in G-16549, Oct. 8, 1958; Hughes River Oil & basic gas sales contract dated November 5, its Rates and Charges of $7,872,462 or Gas Co.; South West District, Doddridge 1957. Applicant has requested authorization 7.7 percent to jurisdictional customers, County, W. Va.; Hope Natural Gas Co.; No. 2. in (pending) Docket No. G-13961 to sell gas based on sales for the year ended Decem­ G-16554, Oct. 10, 1958; M. B. Chastain, Op­ under the basic contract. Temporary au­ ber 31, 1958.1 The increased rates are erator, et al.; South Carthage Field, Panola thorization was issued by airmail letter dated proposed to become effective on May 1, County, Tex.; United Gas Pipe Line Co.; January 3, 1958. 1959. Supp. 5 to No. 4. ” 2 M. B. Chastain, Operator, is filing for In support of its proposed rate in­ G-16558, Oct. 9, 1958; C. G. Glasscock-Tide-^ himself and on behalf of the following lands Oil Co., et al. (formerly C. G. Glasscock nonoperators: Vincent A. Hughes, John P. creases 2 United Gas relies principally on Oil Co.); North Mineral Field, Bee County, Costello and Bennett Wooley. Application the increased cost of purchased gas, its Tex.; Texas Eastern Transmission Corp.; covers an amendatory agreement dated Au­ classification and allocation of costs, No. 4. gust 28, 1958, to a basic gas sales contract acquisition adjustments and the need G-16559, Oct. 9, 1958; Edwin G'. Bradley, dated June 16, 1956. Applicants were au­ for a 6% percent rate of return and Operator; Greenwood Field, Morton County, thorized in Docket No. G-10637 to sell gas associated income taxes. Kans.; Colorado Interstate Gas Co.; Supp. 5 under the basic contract. to No. 1. Since the claimed increases in cost of 8 C. G. Glasscock-Tidelands Oil Co., is filing purchased gas appear to be based in G-16562, Application Oct. 9, 1958, Amend­ for itself and on behalf of Frank Stice and ment Dec. 5, 1958; Mobley & Stephens; N. lists in the application the percentage of part on increases which have not been Dubberly Area, Webster Parish, Pa.; Texas ownership of working interest of each party. filed or which have been allowed to be­ Gas Transmission Corp.; No. 2. C. G. Glasscock-Tidelands Oil Co. is the only come effective subject to refund, United G-16565, Oct. 9, 1958; Kerr-McGee Oil In­ signatory seller party to the subject gas sales Gas’ claimed increase in cost of pur­ dustries, Inc.; Keyes Field, Cimarron County, c o n tra c t. chased gas is not supported. Further, Okla.; Colorado Interstate Gas Co.; Supp. 2 to No. 28. 4 Edwin G. Bradley, ..Operator, is filing for the proposed increase is not supported himself and, as operator, lists in the ap­ by the company’s classification and allo­ G-16568, Oct. 10, 1958; W. B. Gibson and plication the nonoperators together with the O. M. Harris, et al.; Sycamore Field, Sherman cation of costs, the amount claimed for percentage of working interest owned by District, Calhoun County, W. Va.; Hope Natu­ acquisition adjustments and the alleged ral Gas Co.; No. 1. each. Application covers an amendatory agreement dated September 3, 1958, which need for a 6% percent rate of return. G-16574, Oct. 13, 1958; Woodrum Gas Co.; adds additional acreage to a basic gas sales To date, comments have been received Griffithsville Field, Union District, Lincoln from eight city gate customers, two pipe­ County, W. Va.; Hope Natural Gas Co.; No. 1. contract dated March 1, 1956, as amended. Operator was authorized to sell gas under G-16575, Oct. 13, 1958; Union Oil Co. of line customers3 and two Çtate Commis­ the basic contract in Docket No. G-10141. California; Horizon Field, Hansford County, sions either objecting to the proposed Tex.; Northern Natural Gas Co.; Supp. 2 to Application states that production is limited increase, planning to intervene or re­ No. 24. to a depth of 3,500 feet. questing an investigation to ascertain if G-16577, Oct. 13, 1958; Cities Service Oil 5 Production is limited to horizons down to it is justified. Co.; Acreage in Mtorton County, Kans.; Pan­ and including the Cotton Valley Group For­ The increased rates and charges pro­ handle Eastern Pipe Line Co.; Supp. 3 to mation. Amendment filed December 5, 1958, No. 94. is statement acknowledging Applicant’s vided for in the Revised Tariff Sheets G-16585, Oct. 14, 1958; Starcher Oil & Gas willingness to accept a conditional certificate tendered by United Gas on March 30, Co.; Lee District, Calhoun County, W. Va.; requiring refund to Buyer should Louisiana 1959, have not been shown to be justi­ Hope Natural Gas Co.; No. 1. tax (Act No. 8 of 1958, House Bill 303) be fied, and may be unjust, unreasonable, invalidated. unduly discriminatory, preferential, or These matters should be heard on a 6 Application covers an amendatory agree­ otherwise unlawful. consolidated "record and disposed of as ment dated September 10, 1958, which adds promptly as possible under the applicable additional acreage to a basic gas sales con­ The Commission finds: It is necessary rules and regulations and to that end: tract dated July 1, 1954. Kerr-McGee was arid proper in the public interest and to authorized to sell gas under the basic con­ aid in the enforcement of the provisions Take further notice that, pursuant to tract in Docket No. G-6378. Production is of the Natural Gas Act, that the Com­ the authority contained in and subject to limited to formations below the Keyes Sand mission enter upon a public hearing the jurisdiction conferred upon the Fed­ of the Morrow Formation. concerning the lawfulness of the rates, eral Power Commission by sections 7 and 7 Application covers an amendatory agree­ charges, classifications, and services 15 of the Natural Gas Act, and the Com­ ment dated September 19, 1958, which adds contained in United Gas’ FPC Gas mission’s rules of practice and procedure, additional acreage to a basic gas sales con­ a hearing will be held on June 4, 1959, at tract dated December 3, 1957. Applicant has 1 The proposed filings would increase rates e-d-s.t., in a hearing room of requested authorization to sell gas under presently subject to refund in Docket No. the Federal Power Commission, 441 G the basic contract in Docket No. G-14327. G—15360. Rate increase proceedings are also Street NW., Washington, D.C., concern­ Temporary authorization was issued in pending in Docket Nos. G-9547, G-10592, ing the matters involved in and the issues Docket No. G-14327. G —12801. Presented by such applications: Provided, 8 Application covers an amendatory agree­ 2 Fifth Revised Sheets Nos. 16, 17, 17-A, owever, That the Commission may, ment dated August 21, 1958, which adds 18, 19, and 20 relating to sales of gas for alter a non-contested hearing, dispose of additional acreage to a basic gas sales con­ resale for industrial use only are excepted he Proceedings pursuant to the provi­ tract dated March 21, 1956. Production is from the suspension order herein contained. sions of § 1.30(c) (1) or (2) of the Com- limited to depths below the base of the 8Willmut Gas and Oil Company, one of Permian System. Cities Service was author­ United Gas’ customers, through its counsel, TTnH 10n's ru*es Practice and procedure, has filed a petition to reject the instant mvi Gr Procedure herein provided for, ized to sell gas under the basic contract in Docket No. G-10250. proposed filing, or, in the alternative, to «niess otherwise advised, it will be un- disallow the rate increases proposed in the cessary for Applicants to appear, or be [F.R. Doc. 59-3809; Filed, May 5, 1959; previously filed eases, as follows: Dc ket represented at the hearing. 8:46 a.m .] Nos. G-15360, G-9547, G-10592, and G-12S01. 3660 NOTICES Tariff, First Revised Volume No. 1, as forth in the application which is on file tions,7 Docket No. G-13852; Nue-Wells proposed to be amended by Third Re­ with the Commission and open to public Pipe Line Company,7 Docket No. vised Sheets Nos. 34, 35, 44, 45; Fourth inspection. G-13853; Siboney Petroleum Corpora­ Revised Sheets Nos. 8, 14, and 104; Fifth Applicant states that the aforesaid tion,7 Docket No. G-13854; Hamilton Revised Sheets Nos. 4, 6, 10, 12, 16, 17, delivery of gas by Arkansas Louisiana Brothers, Ltd.,9 Docket No. G-14750. 17-A, 18, 19, 20, 21, 23, 25, 27, 28, 30, 32, was made during an emergency and that Take notice that each of the above 100, 103; and Sixth Revised Sheet No. immediate redelivery is necessary. The listed parties (hereinafter collectively 101 to its FPC Gas Tariff, First Revised delivery was made, and redelivery is pro­ referred to as Applicants), has filed an Volume No. 1 and that said proposed posed, through a temporary connection application for a certificate of public con­ Revised Tariff Sheets and the rates con­ installed by Applicant at a cost of about venience and necessity, pursuant to sec­ tained therein except Fifth Revised $1,000 on Applicant’s 8-inch main pipe­ tion 7(c) of the Natural Gas Act, author­ Sheets Nos. 16, 17, 17-A, 18, 19, >and 20 line in Webster Parish, Louisiana, near izing the Applicant to sell, or, in the case be suspended and the use thereof de­ Lewisville. of Nue-Wells Pipeline Company, to ferred as hereinafter provided. This matter is one that should be dis­ transport, natural gas as hereinafter de­ The Commission orders: posed of as promptly as possible under scribed, subject to the jurisdiction of the (A) Pursuant to the authority of the the applicable rules and regulations and Commission, v all as more fully repre­ Natural Gas Act,, particularly section^ 4 to that end: sented in the applications which are on and 15 thereof, the Commission’s rules Take further notice that, pursuant to file with the Commission1 and open to of practice and procedure, and the regu­ the authority contained in and subject public inspection. lations under the Natural Gas Act (18 to the jurisdiction conferred upon the The applications of Nue-Wells in CFR Ch. 1), a public hearing be held on Federal Power Commission by sections Docket Nos. G-13686 and G-13853 re­ a date to be fixed by notice from the 7 and 15 of the Natural Gas Act, and the quest authorization to transport natural Secretary concerning the lawfulness of Commission’s rules of practice and pro­ gas in interstate commerce as set forth the rates, charges, classifications, and cedure, a hearing will be held on May below. Each of the other parties requests services contained in United Gas’ FPC 27, 1959, at 9:30 a.m., e.d.s.t., in a Hear­ authorization to sell natural gas in in­ Gas Tariff, First Revised Volume No. 1, ing Room of the Federal Power Com­ terstate commerce. The natural gas will as proposed to be amended by Third mission, 441 G Street NW„ Washington, be produced from the respective fields Revised Sheets Nos. 34, 35, 44, and 45; D.C., concerning the matters involved in and sold to the respective purchasers set Fourth Revised Sheets Nos. 8, 14, and and the issues presented by such appli­ forth below. 104; Fifth Revised Sheets Nos. 4, 6, 10, cation: Provided, however, That the D ocket No. (7.P.),* Applicant; Field, County, 12, 16, 17, 17-A, 18, 19, 20, 21, 23, 25, 27, Commission may, after a non-contested State; Purchaser and Applicants’ Belated 28, 30, 32, 100, and 103; and Sixth Re­ hearing, dispose of the proceedings pur­ FPC Gas Rate Schedule vised Sheet No. 101 to its FPC Gas Tariff, suant to the provisions of § 1.30(c) (1) G-12105; Hollandsworth Oil Co., Operator, First Revised Volume No. 1. or (2) of the Commission’s rules of et al.; Woodlawn, Harrison, Tex.; Mississippi (B) Pending such hearing and deci­ practice and procedure. Under the pro­ River Fuel Corp.; Supp No. O to No. 2, Supp sion thereon United Gas’ Third Revised cedure herein provided for, unless other­ No. 8 to No. 4. Sheets Nos. 34, 35, 44, 45; Fourth Revised wise advised, it will be unnecessary for G-13410; Roy H. Bettis et al.; Beasley, San Sheets Nos. 8, 14, and 104; Fifth Revised Applicant to appear or be represented Patricio, Tex!; Gas Gathering Co. (for resale at the hearing. to Trunkline Gas Co.); No. 3. Sheets Nos. 4, 6, 10, 12, 21, 23, 25, 27, 28, - G-13635; T h e A tla n tic R efining Co.; Aztec, 30, 32, 100, and 103; and Sixth Revised Protests or petitions to intervene may Ballard and S. Blanco, San Juan, N. Mex.; Sheet No. 101 to its FPC Gas Tariff; First be filed with the Federal Power Commis­ Pacific Northwest Pipeline Corp.; No. 178. Revised Volume No. 1 be and they are sion, Washington 25, D.C., in accord­ G-13644; North Louisiana Gas Co., Inc.; hereby suspended and the use thereof ance with the rules of practice and pro­ Longwood, Caddo, La.; Arkansas Louisiana deferred until October 1, 1959, and until cedure (18 CFR 1.8 or 1.10) on or before Gas Co.; No. 1. such further time as they may be made May 20, 1959. Failure of any party to G—13671; David Crow, Agent; Maxie-Pistol appear at and participate in the hearing Ridge, Pearl River, Miss.; United Gas Pipe effective in the manner prescribed by Line Co.; No. 7. the Natural Gas Act. shall be construed as waiver of and concurrence in omission herein of the G-13685; C. V. Lyman d/b/a Lyman- (C) Interested State commissions may Damascus Operations; Bailey, Nueces, Tex.; participate as provided by §§1.8 and intermediate decision procedure in cases Tennessee (*as Transmission Co.; Supp. No. 1.37(f) of the Commission’s rules of where a request therefor is made. 7 to No. 2. [s e a l ] J o s e p h H . G u t r id e , G-13686; Nue-Wells Pipe Line Co.; Bailey, practice and procedure (18 CFR 1.8 and Nueces, Tex.; Transportation a/c C. V. Lyman, 1.37(f)). Secretary. d/b/a Lyman-Damascus Operations; No. 4. By the Commission. [F.R. Doc. 59-3810;t Filed, May 5, 1959; G-13687; Louis H. Weltman, Operator; 8:46 a.m .] Bailey, Nueces, Tex.; C. V. Lyman, d/b/a [ s e a l ] J o s e p h H . G u t r id e , Lyman-Damascus Operations (for resale to Secretary. Tennessee Gas Transmission Co.); No. 2. G-13852; C. V. Lyman, d/b/a Lyman- JF.R. Doc. 59-3811; Filed, May 5, 1959; Damascus Operations; Mary (Frio Sand), Jim 8:46 a.m .] [Docket No. G-12105, etc.] Wells, Tex.; Tennessee Gas Transmission Co.; HOLLANDSWORTH OIL CO. ET AL. Supp. No. 7 to No. 2. G-13853; Nue-Wells Pipe Line Co.; Mary Notice of Applications and Date of (Frio Sand), Jim Wells, Tex.; Transportation [Docket No. G-18194] a/c C. V. Lyman, d/b/a Lyman-Damascus Hearing Operations; No. 3. LOUISIANA NEVADA TRANSIT CO. A p r il 29,1959. G-13854; Siboney Petroleum Corp.; Mary (Frio Sand), Jim Wells, Tex.; C. V. Lyman Notice of Application and Date of In the matters of Hollandsworth Oil d/b/a Lyman-Damascus Operations (for re­ Hearing Company,1 Operator, et al., Docket No. sale to Tennessee Gas Transmission Co.); No. G-12105; Roy H. Bettis, et al.,2 Docket 1. A p r il 29, 1959. No. G-13410; The Atlantic Refining G-13690; Edwin G. Bradley; Hugoton, Mor­ Take notice that on March 30, 1959, Company,8 Docket No. G-13635; North ton, Kans.; Cities Service Gas Co.; No. 2. Louisiana Nevada Transit Company Louisiana Gas Company, Inc.,4 Docket G-14750; Hamilton Brothers Ltd.; N. Hans­ (Applicant) filed in Docket No. G-18194 No. G-13644; David Crow, Agent,5 Docket ford (Horizon-Morrow), Hansford and Ochil­ an application pursuant to section 7(c) No. G-13671; C. V. Lyman, d/b/a Lyman- tree, Tex.; Northern Natural Gas Co.; No. 1. of the Natural Gas Act for a certificate Damascus Operations,8 Docket No. These matters should be heard on a of public convenience and necessity au­ G-13685; Nue-Wells Pipe Line Company,6 consolidated record and disposed of as thorizing the redelivery to Arkansas Docket No. G-13686; Louis H. Weltman, promptly as possible under the applicable Louisana Gas Company (Arkansas Lou-» Operator,6 Docket No. G-13687; Edwin G. rules and regulations and to that end: isiana) of approximately 9,650 Mcf of Bradley,8 Docket No. G-13690; C. V. Take further notice that, pursuant to natural gas which Arkansas Louisiana Lyman, d/b/a Lyman-Damascus Opera- the authority contained in and subject to delivered to Applicant during the period the jurisdiction conferred upon the Fed­ March 16-28, 1959, all as more fully set See footnotes at end of document. eral Power Commission by sections 7 and Wednesday, May 6, 1959 FEDERAL REGISTER 3661 15 of the Natural Gas Act, and the Com­ 4 North Louisiana Gas Co., Inc., is filing for [Docket No. G-18407] mission’s rules of practice and procedure, authorization to sell natural gas purchased from A. M. Poynter to Arkansas Louisiana EMPIRE GAS AND FUEL CO. a hearing will be held on June 4, 1959 at pursuant to a gas sales contract dated Sep­ 9:30 a.m., ?.d.s.t., in a hearing room of tember 12, 1957, to which contract North Order Providing for Hearing and Sus­ the Federal Power Commission, 441 G Louisiana is the only signatory seller party. pending Proposed Revised Tariff Street NW., Washington, D.C., concern­ A. M. Poynter, in Docket No. G—14749, has Sheet ing the matters involved in and the is­ filed for authorization to sell natural gas to sues presented by such applications: North Louisiana. On September 5, 1958, A p r il 29, 1959. Provided, however, That the Commission North Louisiana filed a letter acknowledging Empire Gas and Fuel Company (Em­ may, after a non-contested hearing, dis­ its willingness to accept a conditioned cer­ tificate requiring refund to Purchaser should pire) tendered for filing Fifth Revised pose of the proceedings ^pursuant to the the additional one cent Louisiana tax levied Sheet No. 5 to its FPC Gas Tariff, Orig­ provisions of § 1.30(c) (1) or (2) of the pursuant to Act No. 8 of 1958 (House Bill 303) inal Volume No. 1, on March 30, 1959, Commission’s rules of practice and pro­ be invalidated. proposing increased rates and charges cedure. Under the procedure herein pro­ B David Crow, Agent, is filing for his work­ for sales of natural gas to be purchased vided for, unless otherwise advised, it will ing interest in approximately 840 acres and from New York Natural Gas Corpora­ be unnecessary for applicants to appear is the only signatory seller party to the gas tion (New York Natural). The proposed or be represented at the hearing. sales contract dated October 29, 1957. * In Docket G-13685, C. V. Lyman, d/b/a increase would apply only to deliveries Protests or petitions to intervene may Lyman-Damascus Operations is filing for to Empire Gas and Fuel Company, Lim­ be filed with the Federal Power Commis­ authorization to sell natural gas, purchased ited (Empire Ltd.), which is Empire’s sion, Washington 25, D.C., in accordance from Louis H. Weltman, Operator, pursuant sole wholesale customer. with the rules of practice and procedure to an amendatory agreement dated Decem­ Empire states that the increased rates (18 CFR 1.8 or 1.10) on or before May ber 31, 1957, which dedicátes said gas to a and charges contained in its proposed 22,1959. Failure of any party to appear basic contract dated January 1, 1949, as Fifth Revised Sheet No. 5, are based at and participate in the hearing shall amended. Applicant received authorization upon anticipated increased rates and be construed as waiver of and concur­ in Docket No. G-8743 to sell gas under said basic 9ontract. In Docket No. G-13686, Nue- charges contained in the proposed re­ rence in omission herein of the interme­ Wells Pipe Line Co. is filing for authoriza­ vised tariff sheets tendered by New York diate decision procedure in cases where tion to transport subject gas and deliver Natural on November 28, 1958, and a request therefor is made. same to Tennessee (Purchaser) pursuant to suspended as described in Commission a transportation contract with C. V. Lyman [sea l] J o s e p h G u t r id e , order issued December 22, 1958, in H. dated October 24, 1957. In Docket No. G- Secretary. 13687, Louis H. Weltman, Operator, is filing Docket No. G-17296; that Empire an­ 1 Hollandsworth Oil Co., Operator, is filing for himself and, as operator, lists in the ap­ ticipates that New York Natural will for its 66.62574 percent interest and on be­ plication, together with the percentage of begin collecting, subject to refund, said half of nonoperator, Clarence Keese, who working interest of each, the following non­ proposed rates and charges as of June 1, owns the remaining 33.37426 percent interest operators : Oscar Spitz, Simon Crossman and 1959; that Empire therefore designates in production from the M. M. Staggers No. 1 Arnold Well Service. All are signatory seller May 1, 1959, as the effective date of Unit. 98.23520 percent of gas produced from parties to the gas sales contract dated Octo­ Empire’s filing; and that Empire “agrees the subject unit is proposed to be sold pur­ ber 18, 1957, which contract covers afore­ to refile or amend in the event all, or suant to an amendatory agreement dated mentioned gas. February 13, 1957, which dedicates additional 7 In Docket No. G-13852, C. V. Lyman, a portion, of New York Natural’s present acreage to a basic contract dated September d/b/a Lyman-Damascus Operations is filing filing is* disallowed” in Docket No. 25,1951, as amended, to w hich basic contract for authorization to sell natural gas, pur­ G-17296. both Hollandsworth and Keese are signatory chased from Siboney Petroleum Corp., pur­ The claimed increase in the cost of seller parties and were authorized to sell gas suant to an amendatory agreement dated purchased gas rests exclusively on the under said contract in Docket No. G-4012. December 31, 1957, which dedicates said gas effectiveness of the suspended rates of The remaining 1.76480 percent of the gas to a basic contract dated January 1, 1949, as Empire’s supplier, New York Natural. produced from the subject unit is attributa­ amended. Applicant received- authorization Empire has submitted an abbreviated ble to the 49.44 acre James E. Hale Lease,, in Docket No. G-8743 covering the sale of gas which lease was acquired by Hollandsworth under said basic contract. In Docket No. G- cost statement, appropriate to its status by instrument of assignment dated January 13853, Nue-Wells Pipe Line Company is filing as a Class B Company, showing that the 24, 1957 from S ta n o lin d O il a n d G as C om ­ for authorization to transport subject gas and cost of purchased gas amounts to ap­ pany (now Pan American Petroleum Corpo­ deliver same to Tennessee (Purchaser) pur­ proximately 99.6 percent of all costs. A ration). Said lease was previously dedicated suant to a transportation contract with C. V. review of data submitted indicates that to a gas sales contract dated April 3, 1951, as Lyman dated November 1, 1956. In Docket the proposed increase would amount to amended, between Stanolind Oil and Gas Co. No. G-13854, Siboney is filing for authoriza­ about $63,000 annually. (now Pan American Petroleum Corp.), et al., tion to sell subject gas to C. V. Lyman pur­ Sellers, and Mississippi River Fuel Corpora­ suant to a gas sales contract dated November Since Empire’s proposed increase is tion, buyer, to which contract Hollands- 15, 1957. based on the increased rates and charges worth, by a previous assignment, became' a 8 Edwin G. Bradley is filing for his working filed by its supplier, New York Natural, signatory seller party and was authorized to interest in the Glenn Unit, production from which have not been shown to be justi­ sell gas under said contract in Docket No. which is proposed to be sold pursuant to a fied and are currently suspended, Em­ G-4320. Applicants propose to sell the gas basic gas sales contract dated June 23, 1950, pire’s filing has a corresponding in­ attributable to the Hale Lease pursuant to between Stanolind Oil and Gas Co. (predeces­ firmity. the basic gas sales contract dated April 3, sor in interest to Pan American Petroleum 1951. ^ Corp.), seller, and Cities Service, buyer. Ap­ The increased rates and charges pro­ JR °y H. Bettis is filing for himself and as plicant acquired subject acreage by assign­ vided for in the revised tariff sheet ten­ Attorney-in-Fact for G. Frederick Shepherd, ments from Stanolind and Champlin Refin­ dered by Empire on March 30,1959, have who together are d/b/a Bettis and Shepherd. ing Co. (which latter company became a not been shown to be justified, and may Both are signatory seller parties to the gas signatory seller party to the above-mentioned be unjust, unreasonable, unduly discrim­ sales contract dated January 2, 1957. Subject contract by ratification) dated June 26, 1956 inatory, or preferential, or otherwise contract provides that 85 percent of any and July 17, 1956, respectively, and has at­ unlawful. Price in excess of specified minimum price tained signatory seller status to the afore­ The Commission finds: It is necessary received by Buyer for the resale of the sub­ mentioned contract to the extent of such and proper in the public interest and ject gas will be paid to Applicants. assignments. to aid in the enforcement of the pro­ Atlantic Refining Co. is filing for its •Hamilton Brothers, Ltd., a limited part­ o percent .overriding royalty interest in pro- visions of the Natural Gas Act that the nership comprised of Ferris F.tHamilton and Commission enter upon a public hearing «/Vvf irom approximately 1,440 acres, Frederic C. Hamilton, is filing for its 100 nich gas Applicant has elected to take in concerning the lawfulness of the rates, kind and to sell to Pacific Northwest Pipeline percent working interest in 1,920 acres and its charges, classifications, and services orp. pursuant to a gas sales contract dated 75 percent working/ interest in 1,280 acres. Both partners are signatory seller parties to contained in Empire’s FPC Gas Tariff, th ^ which contract Applicant is Original Volume No. 1, as proposed to the sole signatory seller party. The subject the gas sales contract dated February 19, be amended by Fifth Revised Sheet No. contract limits production to horizons down 1958. 5 and the rates contained therein nu«nd including the base of the Pictured [F.R. Doc. 59-3812; Filed, May 5, 1959; should be suspended and the use thereof niffs Formation. 8:46 a.m .] deferred as hereinafter ordered. 3662 NOTICES The Commission orders: Pennsylvania, all part of Applicant’s old [Docket No. G-17208 etc.] “oil line system”. Salvage value of these (A) Pursuant to the authority of the UNITED CITIES GAS CO. ET. AL. Natural Gas Act, particularly sections facilities, to be sold in place, is estimated 4 and 15 thereof, the Commission’s rules at $139,500, with credit to fixed capital Notice of Applications and Date of of practice and procedure, and the reg­ of $530,000, and cost of retiring esti­ ulations under the Natural Gas Act (18 mated at $500. Hearing CFR Ch. I), a public hearing be held The. proposed new facilities would re­ A p r il 29, 1959. on a date to be fixed by notice from the place the facilities to be abandoned, in­ Secretary concerning the lawfulness of creasing the capacity and efficiency of In the matters of United Cities Gas the rates, charges, classifications, and Applicant’s service to its eastern market Company, Docket No. G-17208; City of services contained in Empire’s FPC Gas customers, and providing needed line Kevil, Kentucky, Docket No. G-17654; storage capacity not possible with the City of Arlington, Kentucky, Docket No. Tariff, Original Volume No. 1, as proposed G-17655; City of Barlow, Kentucky, to be amended by Fifth Revised Sheet old oil line facilities. Docket No. G-17656. No. 5. This matter is one that should be dis­ (B) Pending such hearing and deci­ posed of as promptly as possible under Take notice that United Cities Gas sion thereon, Empire’s proposed Fifth the applicable rules and regulations and Company (United Cities), an Illinois Revised Sheet No. 5 to its FPC Gas to that end : corporation and successor to Southeast­ Take further notice that, pursuant to ern Illinois Gas Company, 938 Merchan­ Tariff, Original Volume No. 1 is hereby dise Mart Plaza, Chicago, Illinois, filed suspended and the use thereof deferred the authority contained in and subject on December 8, 1958, an application in until June 1, 1959, and until such fur­ to the jurisdiction conferred upon the Federal Power Commission by sections Docket No. G-17208, pursuant to Section ther time as it may be made effective in 7(a) of the Natural Gas Act, for an order the manner prescribed by the Natural 7 and 15 of the Natural Gas Act, and the directing Trunkline Gas Company Gas Act. Commission’s rules of practice and pro­ (Trunkline) to increase its maximum (C) Interested State commissions cedure, a hearing will be held on June daily contract deliveries to United Cities may participate as provided by §§ 1.8 2, 1959, at 9:30 a.m., e.d.s.t., in a Hear­ and 1.37(f) of the Commission’s rules ing- Room of the Federal Power Commis­ from the presently authorized 2000 Mcf of practice and procedure (18 CFR 1.8 sion, 441 G Street NW., Washington, to 2680 Mcf for continued service to Me­ and 1.37(f)). D.C., concerning the matters involved in tropolis, Illinois, in United Cities’ South­ and the issues presented by such appli­ eastern Illinois Gas Company Division. By the Commission. cation: Provided, however, That the United Cities alleges that the distribu­ [seal] J oseph H. Gutride, Commission may, after a non-contested tion system, in Metropolis is connected Secretary. hearing, dispose of the proceedings pur­ with the pipeline system of Trunkline by [F.R. Doc. 59-3813; Filed, May 5, 1959; suant to the provisions of § 1.30(c) (1) a 4-inch transmission pipeline approxi­ 8:46 a.m .] or (2) of the Commission’s rules of prac­ mately 8 V2 miles in length owned by tice and procedure. Under the procedure herein provided for, unless otherwise ad­ V. M. Pipeline Company, a wholly owned vised, it will be unnecessary for Appli­ subsidiary of United Cities, which ren­ [D ocket No. G-17555] cant to appear or be represented at the ders a transportation service for United hearing. Cities. United Cities also alleges that it MANUFACTURERS LIGHT AND has no other source of natural gas supply HEAT CO. Protests or petitions to intervene may be filed with the Federal Power Commis­ for service to Metropolis. Notice of Application and Date of sion, Washington 25, D.C., in accordance United Cities alleges that the present Hearing with the rules of practice and procedure allocation of 2,000 Mcf of natural gas (18 CFR 1.8 or 1.10) on or before May per day is insufficient to meet the peak April 29, 1959. 22, 1959. Failure of any party"to appear day requirements of customers in Me­ Take notice that on January 16, 1959, at and participate in the hearing shall tropolis; that on its 1957^-1958 peak day The Manufacturers light and Heat Com­ be construed as waiver of and concur­ Metropolis took 1583 Mcf; that a direct pany (Applicant) filed in Docket No. rence in omission herein of the inter­ industrial customer has contracted for G-17555 an application pursuant to sec­ mediate decision procedure in cases 700 Mcf per day on an interruptible tion 7 (c) and (b) of the Natural Gas where a request therefor is made. Act for a certificate of public convenience basis, but requested United Cities to give and necessity authorizing the construc­ [seal] J oseph H. Gutride, it firm service for the winter season of tion and operation of certain natural gas Secretary. 1958-1959. facilities, and for permission to abandon [F.R. Doc. 59-3814; Filed, May 5, 1959; United Cities estimates the require­ certain other natural gas facilities, all 8:47 a.m .] ments of Metropolis as follows: as more fully set forth in the application which is on file with the Commission and Peak day requirements in Mcf, estimated open to public inspection. The facilities proposed to be con­ 1961-62 structed hereunder consist of approxi­ 1958-59 1959-60 1960-61 mately 60.77 miles of 20-inch transmis­ 2,880 3,009 Firm.______——— — 1,951 2,748 88 sion pipeline and a 700 horsepower Industrial interruptible------688 '88 88 compressor station, all to be attached 3,097 to Applicant’s system in southern Penn­ Total sales.at 14.65 psia...______2,639 2,836 2,968 2,952 3,080 sylvania, to enable Applicant to serve Total sales corrected to 14.73 psia. 2,625 2,821 - .70 adequately.and efficiently the increasing Company use and unaccounted for..... • 55 64 68 - - 3,150 requirements of Applicant’s eastern mar­ Total requirements at 14.73 psia.. 2,680 2,885 3,020 kets during the winter of 1959-60 and thereafter. The estimated total capital Annual requirements in Mcf, year estim ated cost of these proposed facilities is $5,380,- 000, to be financed through the issuance 1958 1959 1960 1961 and sale of promissory notes and com­ mon stock to Applicant’s parent com­ 361,490 374,175 Firm______!____ ...... —...... 267,571 350,000 25,000 pany, The Columbia Gas System, Inc. Industrial interruptible------<------25,000 25,000 25,000 The facilities proposed to be abandoned 399,175 Total sales at 14.65 psia...... 282,571 375,000 386,490 hereunder consist of sections of five 397,019 parallel 6-inch lines, totalling 135.25 Total sales at 14.73 psia...... — 281,045 372,975 384,403 25,981 Company use and unaccounted for__ 18,965 23,025 24,597 miles of pipe, between Applicant’s State 423,000 Line Compressor Station in Bedford Total requirements at 14.73 psia. 300,000 396,000 409,000 County, and Sideling Hill, Fulton County, Wednesday, May 6, 1959 FEDERAL REGISTER 3663 In Docket No. G-17654, the City of Arlington estimates that the cost of the Kevil, Kentucky CKevil) filed on January proposed construction will be $93,000, GENERAL SERVICES ADMINIS­ 26, 1959 an application and on March which it proposes to finance by the issu­ 27, 1959 a supplement thereto, pursuant ance of natural gas revenue bonds. TRATION to section 7(a) of the Natural Gas Act, In Docket No. G-17656, the City of [Delegation of Authority 345, Supp. 1] for an order directing Trunkline to es­ Barlow, Ballard County, Kentucky, filed tablish physical connection of its trans­ on January 26, 1959 an application and REGIONAL COMMISSIONER, portation facilities with facilities pro­ on March 27, 1959 a supplement thereto, REGION 3 posed to be constructed by Kevil and to pursuant to section 7(a) of the Natural sell and deliver to Kevil its natural gas Gas Act, for an order directing Trunk­ Delegation of Authority requirements for distribution to the pub­ line to establish physical connection of In addition to the authorities con­ lic for residential and commercial uses its transportation facilities with the tained in Delegation of Authority No. in said City of Kevil. facilities proposed to be constructed by 345, dated June 23, 1958, the Regional Kevil proposes to construct and oper­ Barlow and to sell and deliver to Barlow Commissioner, Region 3, is authorized to ate approximately 1.9 miles of 2-inch its natural gas requirements for distribu­ exercise the following specific authority: lateral transmission pipeline extending tion to the public for domestic and com­ To execute declarations of taking to from a connection with Trunkline’s fa­ mercial purposes in said City of Barlqw. be filed in the condemnation proceedings cilities where the latter’s main line Barlow proposes to construct and op­ for the acquisition of the necessary in­ crosses U.S. Highway No. 60 in Ballard erate a lateral line consisting of approxi­ terests in land for the access and perim­ County, Kentucky, east to the city limits mately 3.5 miles of 3-inch pipe and 2.7 eter highways to be constructed in con­ of Kevil. Kevil also proposes to con­ miles of 2%-inch pipe extending from a junction with the Washington Interna­ struct a distribution system to serve said connection with Trunkline’s facilities at tional Airport at Chantilly, Virginia, and city. a point where said facilities cross U.S. to transmit said declarations of taking Kevil estimates its natural gas re­ Highway 60 west to the city limits of directly to the Department of Justice. quirements as follows: Barlow. Barlow also proposes to con­ To enter into contracts to provide title struct a distribution system to serve the evidence for the Government in connec­ Requirements in Mef: residents of that city. tion with the acquisition of the aforesaid Year df service Barlow estimates its natural gas re­ interests in land. Peak day Annual quirements as follows : The authority delegated herein shall not be redelegated and shall be exer­ 182 15,226 Requirements in Mcf. cised in accordance with such applicable 246 20,475 Year of service 3d... MRS P | 275 22,904 laws and regulations and such adminis­ 4th...... "■ --~l 296 24,719 Peak day Annual trative and program directives and in­ 6th.. 311 25,923 structions as are in effect on the date 1st______369 28,960 of the exercise of such authority. „ 2d...... 465 36,690 Kevil estimates that the cost of said 3d...... 514 40,555 Dated: April 29, 1959. proposed construction will be $80,000, 4th...... 547 43,275 which it proposes to finance by the issu­ 5th...... 581 45,999 F r a n k l in F l o e t e , ance of natural gas revenue bonds. Administrator. In Docket No. G-17655, the City of Barlow estimates the total capital cost [F.R. Doc. 59-3818; Filed, May 5, 1959; Arlington, Carlisle County, Kentucky of said project will be $160,000, which it 8:47 a.m .] (Arlington), filed on January 26, 1959, proposes to finance through the issuance an application and on March 27, 1959 of natural gas revenue bonds. a supplement thereto, pursuant to section Each of the applications in the above 7(a) of the Natural Gas Act, for an order numbered dockets is on file with the SECURITIES AND EXCHANGE directing Trunkline to establish physical Commission and open for public inspec­ connection of its transportation ’ facili­ tion. . COMMISSION ties with facilities proposed to be con­ These matters should be heard upon a [File No. 24W-2142] structed by Arlington and to sell and de­ consolidated record and disposed of as liver to Arlington its natural gas require^ promptly as possible under the appli­ MACINAR, INC. ments for distribution to the public for cable rules and regulations and to that residental, commercial and industrial end: Notice of and Order for Hearing purposes in said City of Arlington. Take further notice that, pursuant to Arlington proposes to construct and the authority contained in and subject A p r il 30, 1959. operate approximately 1.84 miles of 2 and to the jurisdiction conferred upon the I. Macinar, Incorporated, a Delaware 2% inch lateral transmission pipeline, Federal Power Commission by sections corporation, 734 15th Street, NW., Wash­ extending, from a connection With 7 and 15 of the Natural Gas Act, and the ington, D.C., filed with the Commission Trunkline’s facilities at a point where Commission’s rules of practice and pro­ on April 14, 1958, a notification on Form said facilities cross Kentucky Highway cedure, a hearing will be held on June 1—A and an offering circular, and sub­ 80, west to the city limits of Arlington. 29,1959, at 10:00 a.m., e.d.s.t., in a Hear­ sequently filed amendments thereto, re­ In addition, Arlington proposes to con­ ing Room of the Federal Power Com­ lating to an offering of 160,000 shares of struct a distribution system to serve the mission, 441 G Street NW., Washington, $0.50 par value common stock at $0.75 residents therein. D.C., concerning the matters involved in per share and 178,110 warrants exercis­ and the issues presented by such appli­ able at $0.75 per share, for an aggregate Arlington estimates its natural gas re­ cations. offering of $253,582.50, for the purpose quirements as follows: Protests or petitions to intervene may of obtaining an exemption from the reg­ be filed with the Federal Power Com­ istration requirements of the Securities Requirements in Mcf. mission, Washington 25, D.C., in accord­ Act of 1933, as amended, pursuant to Year of service ance with the rules of practice and pro­ the provisions of section 3(b) thereof Peak day Annual cedure (18 CFR 1.8 or 1.10) on or before and Regulation A promulgated there­ June 10, 1959. under; and 1 s t... . H i v ' II. The Commission on March 30,1959 2d.. . ‘ 275 28,512 3d .. " “ c r ------377 36,877 [ s e a l ] J o s e p h H . G u t r id e , issued an order pursuant to Rule 261 of 424 40,689 Secretary. 449 42,741 the general rules and regulations under 5th.. — ------— 461 43,746 [F.R. Doc. 59-3815; Filed, May 5, 1959; the Securities Act of 1933, as amended, 8:47 a.m .] temporarily suspending the* conditional No. 88------6 3664 NOTICES exemption under Regulation A, and af­ 50.000 shares of the issuer’s securities by other procedural matters with respect fording to any pe'rson having an interest Paul Gaston, in that approximately thereto. therein an opportunity to request a hear­ 110.000 shares were sold without an avail­ All hearings will be called at 9:30 ing pursuant to Rule 261. A written able exemption; o’clock a.m., United States standard time request for hearing was received by the d. The failure to disclose in the offer­ (or 9:30 o’clock a.m., local daylight sav­ Commission. ing circular that the issuer assumed the ing time), unless otherwise specified. The Commission, deeming it necessary obligation of payment for a $12,854.82 Applications Assigned for Oral Hearing and appropriate to determine whether to note of an affiliate; or P re-H earing Conference vacate the temporary suspension order e. The failure to disclose in the offer­ or to enter an order permanently sus­ ing circular all material transactions of MOTOR CARRIERS OF PROPERTY pending the exemption, directors, officers, and controlling per­ No. MC 531 (Sub No. 97), filed March It is hereby ordered, That a hearing sons with the issuer, its predecessors, or 27, 1959. Applicant: YOUNGER under the applicable provisions of the affiliates as required by Item 9 (c) (ii); BROTHERS, INC., 4904 Griggs Road, Securities Act of 1933, as amended, and f. The statement on page 12 of the of­ Houston, Tex. Applicant’s attorney: the rules of the Commission be held in fering circular that no salaries or com­ Ewell H. Muse, Jr., 415 Perry Brooks the Washington Regional Office of the pensation has been paid to officers or di­ Building, Austin, Tex. Authority sought Commission, 310 6th Street NW., Wash­ rectors, in that Paul Gaston received ap­ to operate as a common carrier, by motor ington, D.C., at 10:00 a.m., June 15, 1959, proximately $12,132 during the period vehicle, over irregular routes, transport­ with respect to the following matters and ’ from September 1, 1956, to December 31, ing: Petroleum and petroleum products, questions without prejudice, however, to 1957; and acids and chemicals, not limited to the specification of additional issues g. The failure to disclose in the notifi­ the descriptions as defined in Maxwell which may be presented in these pro­ cation that Automatic Table Co. is con­ Co., Extension—Addyston, 63 M.C.C. 677, ceedings: trolled by Paul Gaston and is an affiliate in bulk, in specialized equipment, from A. Whether the conditional exemption of the issuer. Good Hope, La., to points in North Caro­ provided by Regulation A is not available 3. The offering was made in violationlina and Tennessee. Applicant is au­ for the securities purported to be offered of section 17 of the Act. thorized to conduct operations in Ala­ in that: B. Whether the order dated March 30, bama, Arizona, Arkansas, Colorado, 1. The terms and conditions of Regu­ 1959, temporarily suspending the exemp­ Florida, Georgia, Louisiana, Mississippi, lation A have not been complied with, tion under Regulation A should be va­ Missouri, New Mexico, North Carolina, in th a t: cated or made permanent. Oklahoma, South Carolina, Tennessee, a. The aggregate offering price of the III. It is further ordered, That Robert Texas, and Utah. securities offered by the issuer and those N. Hislop or any officer or officers of the HEARING: July 8,1959, at the Federal sold in violation of section 5 of the Act Commission designated by it for that Office Building, 600 South Street, New by an affiliate exceed the $300,000 limi­ purpose shall preside at the hearing, and Orleans, La., before Examiner Leo W. tation prescribed by Rule 254 of Regu­ any officer or officers so designated to Cunningham. lation A. preside at any such hearing are hereby No. MC 665 (Sub No. 58), filed March b. The notification on Form 1-A fails authorized to exercise all of the powers 30, 1959. Applicant: MISSOURI-AR­ to disclose that Automatic Table Co. is granted to the Commission under sec­ KANSAS TRANSPORTATION COM­ an affiliate of the issuer, as required by tions 19(b), 21 and 22(c) of the Securi­ PANY, A Corporation, 1505 Maiden Lane, Item 2. ties Act of 1933, as amended, and to hear­ Joplin, Mo. Authority sought to operate c. The notification on Form 1-A fails ing officers under the Commission’s rules as a common carrier, by motor vehicle, to set forth the title and amount of se­ of practice. over regular routes, transporting: Gen­ curities sold by Paul Gaston, an affiliate It is further ordered, That the Secre­ eral commodities, including commodities of the issuer, the consideration paid tary of the Commission shall serve a requiring special equipment, but exclud­ therefor, the basis of such computation, copy of this order by registered mail on ing commodities of unusual value, Class the persons to whom such securities were Macinar, Incorporated, that notice of the A and B explosives, household goods as issued, the exemption claimed therefor, entering of this order shall be given to defined by the Commission, and com­ and the facts relied upon for such ex­ all other persons by general release of modities in bulk, between points in emption, as required by Item 9. the Commission and by publication in the Missouri, Arkansas, Kansas, and Okla­ d. The report of sales on Form 2-A as F ederal R egister. Any person who de­ homa as specifically set forth in Cer­ filed by the issuer fails to disclose: sires to be heard or otherwise wishes to tificate No. MC 665 and Sub-numbers (1) The names of all underwriters of participate in such hearing shall-file with thereunder. the issuer, as required by Item 2; the Secretary of the Commission on or N o t e : Applicant states that i t seeks an (2) The number of shares held by Paul before June 10, 1959 a request relative appropriate order authorizing deletion of the Gaston, a controlling person, officer and thereto as provided in Rule XVII of the restriction contained in Certificate No. MC director of the issuer, as required by Commission’s rules of practice. 665 and Subs thereto prohibiting applicant’s Item 11; and handling commodities requiring special (3) The use of proceeds from the of­ By the Commission. equipment and such further order or orders as may be required to authorize fering and payments made to officers, [seal] N ellye A. Thorsen, applicant to directors, affiliates, and/or others, as Assistant Secretary. handle commodities requiring special equip­ required by Item 7. m e n t. 2. The notification and the offering [F.R. Doc. 59-3822; Filed, May 5, 1959; HEARING: July 3, 1959, at the New circular contain untrue statements of 8:48 a.m .] Hotel Pickwick, Kansas City, Mo., before material facts and omit to state material Examiner James H. Gaffney. facts necessary in order to make the No. MC 1124 (Sub No. 151), filed Feb­ statements made, in the light of the cir­ INTERSTATE COMMERCE ruary 6, 1959. Applicant: HERRIN cumstances under which they are made, TRANSPORTATION COMPANY, a not misleading, particularly with respect COMMISSION Texas Corporation, 2301 McKinney Ave­ to: nue, Houston, Tex. Applicant’s attor­ a. The failure to disclose in the offer­ [Notice 267] ney: Leroy Hallman, First National Bank ing circular that Philip Friedlander is a MOTOR CARRIER APPLICATIONS Building, Dallas 2, Tex. Authority vice president of the issuer, as required sought to operate as a common carrier, by Item 9(a); May 1, 1959. by motor vehicle, over regular routes, b. The failure to disclose in the offer­ The following applications are gov­ transporting: General commodities, in­ ing circular that a note payable for the erned by the Interstate Commerce Com­ cluding Class'A and B explosives, but ex­ sum of $17,400 is payable to Virginia B. mission’s special rules governing notice cluding commodities of unusual value, Gaston, an affiliate of the issuer, and of filing of applications by motor carriers household goods as defined by the Con1" wife of its principal security holder. of property or passengers and by brokers mission, and commodities in bulk, uJ c. The statement on page 12 of the of­ under sections 206, 209, and 211 of the between Port Arthur, Tex., and Hack- fering circular with respect to the sale of Interstate Commerce Act and. certain berry, La., from Port Arthur over Texas Wednesday, May 6, 1959 FEDERAL REGISTER 3665 Highway 87 to its junction unnumbered New Orleans, La., before Joint Board souri, Nebraska, Ohio, Tennessee, Penn­ causeway across Sabine Lake approxi­ No. 164, or, if the Joint Board waives its sylvania, New York, Wisconsin, and mately 3 miles southwest of Port Arthur, right to participate, before Examiner Leo points in the Upper Peninsula of Michi­ thence over unnumbered causeway across W. Cunningham. gan. Applicant is authorized to conduct Sabine Lake to its junction with unnum­ No. MC 2202 (Sub No. 172), filed March operations in Illinois, Indiana, Michi­ bered Louisiana Highway on the East 27, 1959. Applicant: ROADWAY EX­ gan, and Wisconsin. side of Sabine Lake, thence over unnum­ PRESS, INC., 147 Park Street, Akron, N o t e : Duplication with present authority bered Louisiana Highway via Johnsons Ohio. Applicant’s attorney: William O. to be eliminated. Bayou and Holly Beach to junction with Turney, 2001 Massachusetts Avenue NW., Louisiana Highway 27 at Holly Beach, Washington 6, D.C. Authority sought HEARING: June 29,1959, in Room 852, thence over Louisiana Highway 27 to to operate as a common carrier, by motor U.S. Custom House, 610 South Canal Hackberry, and return over the same vehicle, over regular routes, transport­ Street, Chicago, 111., before Examiner route, serving all intermediate points; ing: General commodities, except those James H. Gaffney. (2) between Holly Beach, La., and Lake of unusual value, Class A and B explo­ No. MC 19201 (Sub No. 107), filed April Charles, La., from Holly Beach over sives, livestock, household goods as de­ 7, 1959. Applicant: PENNSYLVANIA Louisiana Highway 27 to its junction fined by the Commission, commodities in TRUCK LINES, INC., 110 South Main with Louisiana Highway 14 near Holm- bulk and those requiring special equip­ Street, Pittsburgh, Pa. Applicant’s at­ wood, thence over Louisiana Highway 14 ment, serving new plant site of the Gates torney: Robert H. Griswold, Commerce to its junction with U.S. Highway 90 ap­ Rubber Company, approximately IVz Building, P.O. Box 432, Harrisburg, Pa. proximately 3 miles east of Lake Charles, miles north of Nashville, Tenn., as an Authority sought to operate as a common thence over U.S. Highway 90 ‘ to Lake off-route point in connection with ap­ carrier, by motor vehicle, over regular Charles, and return over the same route, plicant’s authorized regular route op­ routes, transporting: General commodi­ serving all intermediate points and serv­ erations. Applicant is authorized to ties, including commodities of unusual ing the intersection of U.S. Highway 90 conduct operations in Alabama, Con­ value, commodities in bulk, and commod­ and Louisiana Highway 14 as a point of necticut, Georgia, Illinois, Indiana, Kan­ ities requiring special equipment, but ex­ joinder. Applicant is authorized to con­ sas, Kentucky, Maryland, Michigan, cluding Class A and B explosives, and duct operations in Louisiana, Texas, Missouri, New Jersey, New York, North household goods as defined by the Com­ Tennessee, Arkansas, Oklahoma, and Carolina, Ohio, Oklahoma, Pennsylvania, mission, in service auxiliary to, or sup­ Florida. South Carolina, Tennessee, Texas, Vir­ plemental of, rail service of The Penn­ HEARING: July 20, 1959, at the Fed­ ginia, West Virginia, Wisconsin, and the sylvania Railroad Company, (1) between eral Office Building, Franklin and Fan­ District of Columbia. York, Pa., and Woodsboro, Md., serving nin Streets, Houston, Texas, before Joint HEARING: June 30, 1959, at the Din- all intermediate points which are sta­ Board No. 32, or, if the Joint Board kler-Andrew Jackson Hotel, Nashville, tions on the line of The Pennsylvania waives its right to participate, before Tenn., before Joint Board No. 107, or, if Railroad Company, from York over U.S. Examiner Leo W. Cunningham. the Joint Board waives its right to Highway 30 to junction Pennsylvania No. MC1124 (Sub No. 154), filed March participate, before Examiner Isadore Highway 116, thence over Pennsylvania 2, 1959. Applicant: HERRIN TRANS­ Freidson. Highway 116 to Hanover, Pa., thence over PORTATION COMPANY, a corporation, No. MC 2202 (Sub No. 173), filed April Pennsylvania Highway 194 to the Penn- 2301 McKinney Avenue, Houston, Tex. 28, 1959. Applicant: ROADWAY EX­ sylvania-Maryland State line, thence Applicant’s attorney: Leroy Hallman, PRESS, INC., 147 Park Street, Akron 9, over Maryland Highway 194 to Woods­ First National Bank Building, Dallas 2, Ohio. Applicant’% attorney: William O. boro, and return over the same route. Tex. Authority sought to operate as a. Turney, 2001 Massachusetts Avenue NW., (2) Between junction Maryland Highway common carrier, by motor vehicle, over Washington 6, D.C. Authority sought to 194 and unnumbered highway west of irregular routes, transporting: Govern­ operate as a common carrier, by motor Union Bridge, Md., and Union Bridge, ment-owned compressed gas trailers vehicle, over regular and irregular routes, Md., serving no intermediate points but empty or loaded with compressed gases transporting: Liquid commodities: dry serving said junction for purposes of other than liquefied petroleum gas, from commodities; in containers, including joinder only, from junction Maryland Shreveport, La., to Eglin Air Force Base, but not limited to Sealdtanks and Seald- Highway 194 and unnumbered highway Fla., and return. Applicant is authorized bins when transported in standard vehi­ west of Union Bridge, over said unnum­ to conduct operations in Louisiana, cles, over the routes and in the territory, bered highway to Union Bridge, and re­ Texas, Arkansas, Tennessee, Oklahoma, including all off-route and intermediate turn over the same route. Applicant is and Florida. points authorized to be served by appli­ authorized to conduct operations in In­ HEARING: July 13, 1959, at the Fed­ cant by virtue of Certificate No. MC 2202 diana, Ohio, Pennsylvania, and West eral Office Building, 600 South Street, and Subs thereunder covering the trans­ Virginia. New Orleans, La., before Examiner Leo portation of general commodities, with N o t e : Dual operations under section 210, W. Cunningham. certain exceptions in the States of Ala­ and common control may be involved. No. MC 1124 (Sub No. 155), filed March bama, Arkansas, Connecticut, Delaware, HEARING: June 22, 1959, at the Of­ 20, 1959. Applicant: HERRIN TRANS­ Georgia, Illinois, Indiana, Kansas, Ken­ fices of the Interstate Commerce Com­ PORTATION COMPANY, a Texas cor­ tucky, Maryland, Massachusetts, Michi­ mission, Washington, D.C., before Exam­ poration, 2301 McKinney Avenue, Hous­ gan, Mississippi, Missouri, New Jersey, iner James H. Gaffney. ton, Tex. Applicant’s attorney: Leroy New York, North Carolina, Ohio, Okla­ No. MC 22254 (Sub No. 25), (CLARI­ Hallman, First National Bank Building, homa, Pennsylvania, Rhode Island, FICATION), filed December 11, 1958, Dallas 2, Tex. Authority sought to op­ South Carolina, Tennessee, Texas, Vir­ published issue of April 15, 1959. Appli­ erate as a common carrier, by motor ve­ ginia, Wisconsin, West Virginia, and the cant: TRANS-AMERICAN VAN SERV­ hicle, transporting: General commodi­ District of Columbia. ICE, INC., 7540 South Western Avenue, ties, except those of unusual value, HEARING: June 9, 1959, at the Offices Chicago 20, 111. Authority sought to op­ household goods as defined by the Com­ of the Interstate Commerce Commis­ erate as a common carrier, by motor ve­ mission and commodities in bulk, serv­ sion, Washington, D.C., before Examiner hicle, over irregular routes, transporting: ing the site of the St. Francisville Paper Allen W. Hagerty. Household goods, as defined by the Com­ Mill of the Crown Zellerbach Corpora­ No. MC 10511 (Sub No. 4), filed April mission, muscial instruments, organs tion, Gaylord Container Division, located 3, 1959. Applicant: LESTER ELLS­ and pianos, typewriters, airplanes, or approximately 18 miles north of Baton WORTH WILLSEY, doing business as parts thereof, antiques, and motor ve­ Rouge, La., on the southwest side of U.S. WILLSEY TRANSFER, 418 Sheridan hicles weighing not over 1150 pounds, Highway 61, as an off-route point in con­ Street, Rockford, 111. Authority sought nection with applicant’s authorized reg­ to operate as a common carrier, by mo­ between points in the Continental United ular route operations to and from Baton tor vehicle, over irregular routes, trans­ States, on the one hand, and, on the Rouge, La. Applicant is authorized to porting: Household goods, as defined by other, points in the State of Alaska. Ap­ conduct operations in Louisiana, Texas, the Commission, between points in Illi­ plicant is authorized to conduct opera­ Arkansas, and Tennessee. nois, including Rockford, 111., on the one tions throughout the United States. HEARING: July 13, 1959, at the Fed­ hand, and, on the other, points in Arkan­ HEARING: Remains as assigned May eral Office Building, 600 South Street, sas, Iowa, Kentucky, Minnesota, Mis­ 18, 1959, in Room 852, U.S. Custom 3666 NOTICES House, 610 South Canal Street, Chicago, Note: Applicant states it is authorized to KROBLIN REFRIGERATED XPRESS, 111., before Examiner Thomas F. Kilroy. operate over that portion of the above route Sumner, Iowa. Applicant’s attorneys: between Plain Dealing and Shreveport, La., Harold G. Hernly, 1624 Eye Street NW., No. MC 26825 (Sub No. 5), filed April by different highway numbers, which have 6, 1959. Applicant: ALBERT ROY subsequently been changed to those above. Washington 6, D.C., and William B. ANDREWS, doing business as AN­ Mooney, First National Bank Building, DREWS VAN LINES, Seventh Street and HEARING: July 6, 1959, at the Ar­ Waverly, Iowa. Authority sought to Park Avenue, Norfolk, Nebr. Authority kansas Commerce Commission Justice operate as a common carrier, by motor sought to operate as a common carrier, Building, State Capitol, Little Rock, vehicle, over irregular routes, transport­ by motor vehicle, over irregular routes, Ark., before Joint Board No. 35, or, ing: Soap, soap products, washing com­ transporting: Household goods, between if the Joint Board waives its right to pounds, lye, bleach, and toilet articles, points in the Continental United States participate, before Examiner Leo W. from points in the Chicago, HI., Commer­ and points in Alaska. Applicant is au­ Cunningham. cial Zone as defined by the Commission thorized to transport houshold goods be­ No. MC 30022 (Sub No. 82), filed April to points in Oklahoma, Missouri, Kan­ tween all points in the United States ex­ 20, 1959. Applicant: PAUL S. CREBS, sas, Colorado, Nebraska, Arkansas, cept Maine, New Hampshire, Vermont, Ninth Street, P.O. Box 111, Northum­ Texas, Ohio, and Indiana (except In­ Massachusetts, Connecticut, Rhode Is­ berland, Pa. Applicant’s attorney: dianapolis.) . Applicant is authorized to land, North Carolina, South Carolina, Richard V. Zug, 1418 Packard Building, conduct operations in Illinois, Iowa, Georgia, Florida, Alabama, Mississippi, Philadelphia 2, Pa. Authority sought to Nebraska, Kansas, Missouri, Ohio, In­ Arkansas, Louisiana, New Mexico, Ari­ operate as a common carrier, by motor diana, Arkansas, Oklahoma, Michigan, zona, Nevada, and California. vehicle, over irregular routes, transport­ Pennsylvania, New York, Colorado, HEARING: July 1, 1959, at the Rome ing: Kitchen sinks, and base and wall Minnesota, South Dakota, and Wis­ Hotel, Omaha, Nebr., before Examiner cabinets, all crated, from Canton, Ohio, consin. James H. Gaffney. to Altoona, Pa., and returned or re­ Note: Applicant states that it is presently No. MC 29120 (Sub No. 56), filed April jected shipments of the above described transporting this traffic under its existing 8, 1959. Applicant: WILSON STOR­ commodities on return. Applicant is authority and has filed a petition to dismiss AGE AND TRANSFER CO., a South Da­ authorized to conduct operations in this application on the grounds that it is kota Corporation, 110 North Reid Street, Pennsylvania, Maryland, Rhode Island, presently authorized to transport said traffic Sioux Falls, S. Dak. Authority sought Delaware, Illinois, Ohio,- Connecticut, under its existing authority. to operate as a common carrier, by motor Massachusetts, New York, New Jersey, HEARING: June 11, 1959, in Room vehicle, over regular and irregular routes, the District of Columbia, Missouri, 852 U.S. Custom House, 610 Canal Street, transporting: Liquid or dry commod­ Michigan, Indiana, Virginia, West Vir­ Chicago, 111., before Examiner Alfred B. ities, in collapsible tanks or bins mar­ ginia, Alabama, Georgia, Kentucky, Hurley. keted by the U. S. Rubber Company un­ Mississippi, North Carolina, South Caro­ No. MC 31537 (Sub No. 5), filed April der the trade names “Sealdtanks” or lina, and Tennessee. 13, 1959. Applicant: SWIFT VAN & “Sealdbins”, or the equivalent thereof, HEARING: June 24, 1959, at the Of­ STORAGE CO., a Corporation, 1104 between all points applicant is presently fices of the Interstate Commerce Com­ Swift Avenue, North Kansas City, Mo. authorized to serve in the transportation mission, Washington, D.C., before Authority sought to operate as a com­ of General commodities, as authorized Examiner William R. Tyers. mon carrier, by motor vehicle over ir­ in MC 29120 and subnumbers there­ No. MC 30837 (Sub No. 255), filed regular routes. In Certificate No. MC under. Applicant is authorized to trans­ April 14, 1959. Applicant: KENOSHA 31537 the following service is presently port General commodities in the States AUTO TRANSPORT. CORPORATION, authorized: Household goods, as defined of Minnesota, South Dakota, Iowa, North 4519 76th Street, Kenosha, Wis. Appli­ by the Commission, between Overland, Dakota, Nebraska, Illinois, and Indiana. cant’s attorney: Paul F. Sullivan, 1821 Mo., and points within 35 miles of Over­ HEARING: June 9,1959, at the Office's Jefferson Place NW., Washington 6, D.C.' land, on the one hand, and, on the other, of the Interstate Commerce Commis­ Authority sought to operate as a com­ points in Missouri, Illinois, Minnesota, sion, Washington, D.C., before Examiner mon carrier, by motor vehicle, over Michigan, Mississippi, Indiana, Ohio, Allen W. Hagerty. irregular routes, transporting: Seat cabs Tennessee, Pennsylvania, Arkansas, No. MC 29910 (Sub No. 50), filed April and parts therefor, from Moline, 111., to Iowa, Colorado, Kansas, Kentucky, and 2, 1959. Applicant: ARKANSAS-BEST the International Boundary line between New Jersey. Between points in Mis­ FREIGHT SYSTEM, INC., 301 South the United States and Canada at De­ souri and Illinois, on the one hand, and, 11th Street, Fort Smith, Ark. Appli­ troit, Mich. Applicant is authorized to on the other, points in Missouri, Illinois, cant’s attorney: Thomas Harper, Kelley conduct operations throughout the Kansas, Michigan, Ohio, Texas, Okla­ Building, P.O. Box 297, Fort Smith, Ark. United States. homa, Pennsylvania, Arkansas, Iowa, Authority sought to operate as a com­ HEARING: June 24, 1959, in Room Tennessee, Indiana, Wisconsin, Alabama, mon carrier, by motor vehicle, over 852, U.S. Custom House, 610 South Kentucky, and Nebraska. Carrier may regular routes, transporting: General Canal Street, Chicago, 111., before Ex­ combine two or more of the above- commodities, except those of unusual aminer James H. Gaffney. described irregular route authorities value, Class A and B explosives, house­ No. MC 30837 (Sub No. 256), filed provided the authorities have a point hold goods as defined by the Commis­ April 17, 1959. Applicant: KENOSHA common to both to which the carrier may sion, commodities in bulk, and those AUTO TRANSPORT CORPORATION, transport a given shipment under one requiring special equipment, between 4519 76th Street, Kenosha, Wis. Ap­ authority and from which it may trans­ Camden, Ark., and Shreveport, La.: plicant’s attorney: Paul F. Sullivan, port the same shipment under the other, from Camden over U.S. Highway 79 to Sundial House, 1821 Jefferson Place and establish through service under such Magnolia, Ark., thence over Arkansas NW., Washington 6, D.C. Authority combination provided in each instance Highway 132 to the Louisiana-Arkansas sought to operate as a common carrier, the shipment is transported through the State line, thence over Louisiana High­ by motor vehicle, over irregular routes, common or gateway point, and provided way 7 to Sarepta, La., thence over transporting: Lift trucks, from El further that this certificate does not Louisiana Highway 2 to Plain Dealing, Monte, Calif., to points in Arizona, Col­ contain any restriction or other indica­ orado, Idaho, Kansas, Montana, Nevada, tion that through service shall not be La., thence over Louisiana Highway 3 to New Mexico, Texas, Utah, and Wyoming. conducted. This application requests junction U.S. Highway 80, and thence Applicant is authorized to conduct op­ that the following be eliminated from the over U.S. Highway 80 to Shreveport, and erations throughout the United States. above paragraph in said certificate: return over the same route, serving the HEARING: June 11, 1959, at the Fed­ “provided in each instance the shipment plant and facilities of International eral Building, Los Angeles, Calif., be­ is transported through the common or Paper Company, at or near Springhill, fore Examiner F. Roy Linn. gateway point”. Applicant states this La. Applicant is authorized to conduct No. MC 30844 (Sub No. 34) (CLARI­ application seeks no authority to serve operations in Arkansas, Kansas, Mis­ FICATION) , filed October 13, 1958, pub­ any additional points; that applicant is souri, Louisiana, Texas, Illinois, Ten­ lished April 1, 1959, at Page 2543. requesting that the requirement that it nessee, Mississippi, Ohio, Oklahoma, and Applicant: ALLEN E. KROBLIN, IN­ operate through certain specific gate­ Indiana. CORPORATED, doing business as ways be eliminated. Applicant is au- Wednesday, May 6, 1959 FEDERAL REGISTER 3667 thorized to conduct operations in HEARING: July 13, 1959, at the U.S. Springhill ’ (Webster Parish), Louisiana Alabama, Arkansas, Colorado, Florida, Court House and Custom House, 1114 to points in Illinois, Indiana, Iowa, Georgia, Illinois, Indiana, Iowa, Kansas, Market Street, St. Louis, Mo., before Michigan, Minnesota, Missouri, Ne­ Kentucky, Louisiana, Michigan, Minne­ Joint Board No. 135, or, if the Joint braska, Ohio, and Wisconsin. Applicant sota, Mississippi, Missouri, Nebraska, Board waives its right to participate, is authorized to conduct operations in New Jersey, New York, Ohio, Oklahoma, before Examiner James H. Gaffney. Alabama, Arizona, Arkansas, California, Pennsylvania, Tennessee, Texas, Wiscon­ No. MC 37716 (Sub No. 19), filed March Florida, Georgia, Illinois, Indiana, Iowa, sin, and the District of Columbia. 2, 1959. Applicant: THE C. & D. Kansas, Kentucky, Louisiana, Missis­ HEARING: July 9, 1959, at the New MOTOR DELIVERY COMPANY, a cor­ sippi, Missouri, Nebraska, New Mexico, Hotel Pickwick, Kansas City, Mo., before poration, 1214 Central Parkway, Cincin­ North Carolina, Ohio, South Carolina, Examiner James H. Gaffney. nati, Ohio. Applicant’s attorney : Harry Tennessee, Virginia, and West Virginia. No. MC 35320 (Sub No. 62), filed Feb­ McChesney, Jr., Seventh Floor, McClure N o t e : A proceeding has been instituted ruary 24, 1959. Applicant: T.I.M.E. IN­ Building, Frankfort, Ky. Authority under section 212(c) to determine whether CORPORATED, 2604 Texas Avenue, sought to operate as a common carrier, applicant’s status is that of a common or Lubbock, Tex. Applicant’s attorney: by motor vehicle, transporting: General contract carrier in No. MC-50132 (Sub No. W. D. Benson, Jr., Legal Dept., T.I.M.E. commodities, except those of unusual 3 8 ). Incorporated (same address as appli­ value, Class A and B explosives, house­ HEARING: July 10, 1959, at the Fed­ cant) . Authority sought to operate as hold goods as defined by the Commission- eral Office Building, 600 South Street, a common carrier, by motor vehicle over commodities in bulk, and those requiring New Orleans, La., before Examiner Leo regular and irregular routes, transport­ special equipment, serving the plant site W. Cunningham. ing: General commodities, except sand, of the Gates Rubber Co., located at the No. MC 50132 (Sub No. 60), filed gravel, coal, livestock and articles not intersection of U.S. Highway 31-E with March 6, 1959. Applicant: CENTRAL & suitable for transportation in standard Two Mile Pike approximately iy2 miles SOUTHERN TRUCK LINES, INC., 312 equipment, serving the Gates Rubber north of the city limit of Nashville, Tenn., West Morris Street, Caseyville, 111. Au­ Company plant located near the inter­ as an off-route point in connection with thority sought to operate as a common or section of Two Mile Pike and Gallatin applicant’s authorized regular route contract carrier, by motor vehicle, over Pike (U.S. Highway 31E), approximately operations to and from Nashville, Tenn. irregular routes, transporting: Lumber, seven (7) miles north of the Nashville, Applicant is authorized to conduct regu­ dimensional and semi-dimensional, ply­ Tenn., city limits, as an off-route point lar route operations in Illinois, Indiana, wood, and wood products, from points in in connection with applicant’s author­ Kentucky, Missouri, Ohio, Tennessee, Illinois, Kentucky, Mississippi, Missouri, ized regular route between Cincinnati, and West Virginia, and irregular route North Carolina, Tennessee, and Helena, Ohio, and Atlanta, Ga. (Route 37), and operations in Kentucky and Ohio. Ark., to points - in Iowa, Missouri, and other routes in Certificate No, MC 35320. HEARING: June 30, 1959, at the Nebraska, and exempt commodities, as Applicant is authorized to conduct oper­ Dinkler-Andrew Jackson Hotel, Nash­ defined by the Commission, on return. ations in Oklahoma, Texas, New Mexico, ville, Tenn., before Joint Board No. 107, California, Arizona, Illinois, Missouri, N o t e : A proceeding has been instituted or, if the Joint Board waives its right to under section 212(c) in No. MC 50132 (Sub Indiana, Georgia, Kentucky, Ohio, Ar­ participate, before Examiner Isadore No. 38) to determine whether applicant’s kansas, and Tennessee. Freidson. status is that of common or contract carrier. HEARING: June 29, 1959, at the No. MC 43608 (Sub No. 11), filed March Applicant has a common carrier BOR 1 appli­ Dinkler-Andrew Jackson Hotel, Nash­ 16, 1959. Applicant: SOUTHERN cation under MC 113267 (Sub No. 2). Sec­ ville, Tenn., before Joint Board No. 107, MOTOR EXPRESS, INCORPORATED, tion 210 (dual authority) may be involved. or, if the Joint Board waives its right to Box, 1100, Gastonia, N.C. Applicant’s Applicant states it seeks no duplicating participate, before Examiner Isadore attorney: R. J. Reynolds, Jr., 1403 Citi­ a u th o rity . Freidson. zens & Southern National Bank Build­ HEARING: July 13, 1959, at the U.S. No. MC 35320 (Sub No. 66), filed ing, Atlanta 3, Ga. Authority sought to Court House and Custom House, 1114 March 27, 1959. Applicant: T.I.M.E. IN­ operate as a common carrier, by motor Market Street, St. Louis, Mo.r ^before CORPORATED, 2604 Texas "Avenue, vehicle, over irregular routes, transport­ Examiner James H. Gaffney. Lubbock, Tex. Applicant’s attorney: ing: General commodities, except those No.' MC 52657 (Sub No. 531), filed W. D. Benson Jr., P.O. Box 1120, Lub­ of unusual value, Class A and B explo­ September 10, 1958. Applicant: ARCO bock, Tex. Authority sought to operate sives, household goods as defined by the AUTO CARRIERS, INC., 7530 South as a common carrier, by motor vehicle, Commission, commodities in bulk, and Western Avenue, Chicago 20, 111. Appli­ over regular routes, transporting: Gen­ those requiring special equipment, be­ cant’s attorney: Glen W. Stephens, 121 eral commodities, except those of un­ tween Greenville, S.C., on the one hand, West Doty Street, Madison, Wis. Au­ usual value, Class A and B explosives, and, on the other, points within 15 miles thority sought to operate as a common livestock, household goods as defined by of Atlanta, Ga., as the city limits of At­ carrier, by motor vehicle, over irregular the Commission, commodities in bulk lanta, Ga., existed on January 17, 1950. routes, transporting: (A) trailers, (other and those requiring special equipment, Applicant is authorized to conduct op­ than house trailers and mobile homes), (1) between St. Louis, Mo., and the in­ erations in New York, Maryland, New in initial truckaway and driveaway serv­ tersection of U.S. Highway Bypass 66 Jersey, North Carolina, Pennsylvania, ice, from points in Luzerne and Lacka­ with U.S. Highway Alternate 67: from South Carolina, and Georgia. wanna Counties, Pa., to points in the St. Louis over U.S. Highway Bypass 66 N o te : Application is accompanied by a new State of Alaska; (B) tractors, in to junction U.S. Highway Bypass 66 and Motion to Dismiss on the ground that ap­ secondary driveaway service, only when U.S. Highway Alternate 67, and return plicant is presently authorized to perform drawing trailers moving in initial drive­ over the same route, serving no inter­ the above operations. away service, as described above, from mediate points, and (2) between St. HEARING: June 12, 1959, at 680 West points in Luzerne and Lackawanna Louis, Mo., and Alton, 111.: from St. Louis Counties, Pa., to points in the new State over U.S. Highway 67 to Alton, and re­ Peachtree Street NW„ Atlanta, Ga., be­ fore Joint Board No. 131, or, if the Joint of Alaska. Applicant is authorized to turn over the same route,-serving no in­ conduct operations throughout the termediate points, as alternate routes for Board waives its right to participate, be­ fore Examiner Richard H. Roberts. United States. operating convenience only in connection HEARING: June 23, 1959, in Room with applicant’s authorized regular route No. MC 50132 (Sub No. 57), filed Feb­ ruary 26, 1959. Applicant: CENTRAL 852, U.S. Custom House, 610 South Canal between St. Louis, Mo., and Decatur- Street, Chicago, 111., before Examiner ville, Tenn. (Route 44), and between East & SOUTHERN TRUCK LINES, INC., James H. Gaffney. st. Louis, 111., and Alton, 111. (Route 47), 312 West Morris Street, Caseyville, 111. Authority sought to operate as a con­ No. MC 52657 (Sub No. 532), filed m it;s Certificate No. MC 35320. Appli­ tract carrier, by motor vehicle, over September 10, 1958. Applicant: ARCO cant is authorized to conduct operations irregular routes, transporting: Meats, AUTO CARRIERS, INC., 7530 South m Texas, Oklahoma, New Mexico,' Cali- meat products, meat byproducts, dairy Western Avenue, Chicago 20, 111. Appli­ *mmia, Arizona, Arkansas, Tennessee, products and articles distributed by meat cant’s attorney: Glen W. Stephens, 121 Kentucky, Ohio, Georgia, Missouri, Illi- packing houses, moving in mechanically West Doty Street, Madison, Wis. Au­ nois. and Indiana. refrigerated trucks and trailers, from thority sought to operate as a common 3668 NOTICES carrier, by motor vehicle, over irregular restricted against pick-up or delivery of No. MC 64932 (Sub No. 253), filed routes, transporting: Truck and trailer west-bound traffic at Kingston and Rock- April 3, 1959. Applicant: ROGERS \bodies, winches, containers, cargo con­ wood, Tenn. Applicant is authorized to CARTAGE CO., a Corporation, 1934 tainers, cargo container bodies, and conduct operations in Tennessee, North South Wentworth Avenue, Chicago, 111. cargo container boxes, from points in Carolina, Georgia, South Carolina, Applicant’s attorney: David Axelrod, 39 Luzerne County, Pa., to points in the Maryland, New York, Virginia, New Jer­ South La Salle Street, Chicago 3, 111. new State of Alaska. Applicant is au­ sey, Pennsylvania, and the District of Authority sought to operate' as a com­ thorized to conduct operations through­ Columbia. mon carrier, by motor vehicle, over ir­ out the United States. Note: Applicant states that it is author­ regular routes, transporting: Acids and HEARING: June 24,1959, in Room 852, ized to perform this service at the present chemicals, in bulk, in tank vehicles, from U.S. Custom House, 610 South Canal time, except it is restricted against picking points in Madison, Hancock, Hamilton Street, Chicago, 111., before Examiner up and/or delivering east-bound traffic at Counties, Ind., to points in Ohio, Ken­ James H. Gaffney. Carthage, Chestnut Mound, and Lebanon, tucky, Michigan, Pennsylvania, Missouri, No. MC 52986 (Sub No. 11), filed April Tenn., and the purpose of this application is Wisconsin, and Illinois. Applicant is 20, 1959. Applicant: NORTHWEST to remove this restriction. No duplicating authorized to conduct operations in Ala­ FREIGHT LINES, INC., 4300 State Ave­ authority is sought. bama, Arkansas, Florida, Georgia, Illi­ nue, Billings, Mont. Applicant’s attor­ HEARING: June 29, 1959, at the Din- nois, Indiana, Iowa, Kansas, Kentucky, ney: Jerome Anderson, Electric Build­ kler-Andrew Jackson Hotel, Nashville, Louisiana, Michigan, Minnesota, Missis­ ing, P.O. Box 1472, Billings, Mont. Tenn., before Joint Board No. 107, or, if sippi, Missouri, Nebraska, New Jersey, Authority sought to operate as a common the Joint Board waives its right to New York, North Carolina, Ohio, Okla­ carrier, by motor vehicle, over regular participate, before Examiner Isadore homa, Pennsylvania, South Carolina, routes, transporting: General commod­ Freidson. Tennessee, Texas, West Virginia, and ities, except those of unusual value, Class No. MC 59613 (Sub No. 20), filed Feb­ Wisconsin. A and B explosives, household goods as ruary 25,1959. Applicant: INTER CITY HEARING: June 22, 1959, in Room defined by the Commission, and com­ TRUCKING COMPANY, a Corporation, 852, U.S. Custom House, 610 South Canal modities requiring special equipment, 132 Legion Street, Johnson City, Tenn. Street, _ Chicago, 111., before Examiner (1) between Billings, Mont., and Sweet- Authority sought to operate as a common James H, Gaffney. grass, Mont., from Billings over , U.S. carrier, by motor vehicle, over regular No. MC 67866 (Sub No. 12), filed March Highway 87 ta Great Falls, thence over routes, transporting: General commodi­ 10, 1959. Applicant: FILM TRANSIT, U.S. Highway 91 to Sweetgrass, also, ties, except those of unusual value, Class INC., 311 South Second Street, Memphis, from Billings over unnumbered highway A and B explosives, livestock, commodi­ Tenn. Applicant’s attorney: James W. through Broadview and Lavina to the ties in bulk, and those requiring special Wrape, Sterick Building, Memphis, junction of Montana Highway 6, thence equipment, between Crump, Tenn., and Tenn. Authority sought to operate as a over Montana Highway 6 to the junction Iuka, Miss., from Crump over Tennessee common carrier, by motor vehicle, over of Montana Highway 19, thence over Highway 22 to the junction of Tennessee irregular routes, transporting: General Montana Highway 19 to the junction of Highway 142, thence over Tennessee commodities, moving in express service, U.S. Highway 87, thence over the above Highway 142 to the junction of Tennessee between Memphis, Tenn., on the one specified route to Sweetgrass, and return Highway 57, thence over Tennessee hand, and, on the other, points in ah over the same routes, serving all inter­ Highway 57 to the Tennessee-Mississippi area beginning at the southwestern cor­ mediate points on U.S. Highways 91 and State line, thence over Mississippi High­ ner of Arkansas and extending north 87 and the intermediate points of Judith way 25 to Iuka, and return over the same along the Arkansas-Texas State line to Gap and Ryegate, located on Montana route, serving the intermediate points of the intersection of Red River, thence Highways 19 and 6 respectively, and the Counce and Pickwick Dam, Tenn. Ap­ west along Red River to the Oklahoma off-route point of Harlowtown immedi-, plicant is authorized to conduct opera­ State line, thence north along the Ar- ately west of the junction of Montana tions in Alabama, Arkansas, Mississippi, kansas-Oklahoma State line to the Ar- Highways 6 and 19; (2) between Glen­ and Tennessee. kansas-MiSsouri State line, thence east dive, Mont., and the junction of Mojitana HEARING: June 17, 1959, at the Clar- along the Missouri State line to a point Highway 18 and U.S. Highway 87, one idge Hotel, Memphis, Tenn., before Joint where it intersects U.S. Highway 62, mile north of Grass Range, Mont., over Board No. 4, or, if the Joint Board waives thence northeast and north along such Montana Highway 18, serving no inter­ its right to participate, before Examiner highway to Malden, Mo., thence north mediate points. Applicant is authorized Isadore Freidson. along Missouri Highway 25 to junction to conduct operations in Montana, North No. MC 59852 (Sub No. 11), filed April unnumbered highway, approximately Dakota, Minnesota, Indiana, and Iowa. 28, 1959. Applicant: ALL STATES five (5) miles north of Malden, thence Note: Applicant states that service to and FREIGHT, INCORPORATED, 1250 Kelly east along such unnumbered highway to from Sweetgrass, Mont., is intended to in­ Avenue, Akron, Ohio. Applicant’s at­ junction U.S. Highway 62, thence over clude service to that point as a port of entry torney: John C. Bradley, Suite 618 Per­ U.S. Highway 62 to the Mississippi River on the international boundary line between petual Building, 1111 E Street NW., just south of New Madrid, Mo., thence the United States and Canada. Washington 4, D.C. Authority sought along the Mississippi River northwardly HEARING: June 9, 1959, at the Com­ to operate as a common carrier, by mo­ to its junction with the Ohio River south mercial Club, Billings, Mont., before tor vehicle, over regular and irregular of Cairo, 111., thence along the Ohio Joint Board No. 82. routes, transporting: Liquid and dry Riyer north and east of the point on the No. MC 59583 (Sub No. 77), filed Feb­ commodities, in containers, including but Indiana-Kentucky State line just north ruary 20, 1959. Applicant: THE MASON not limited to Sealdtank and Sealdbin of Owensboro, Ky., and extending south & DIXON LINES, INCORPORATED, containers in or upon ordinary vehicles, along U.S. Highway 431 (formerly Ken­ Eastman Road, Kingsport, Tenn. Appli­ over the routes and in the territory, in­ tucky Highway 75) to junction U.S. cant’s attorney: Clifford E. Sanders, 311 cluding all off-route and intermediate Highway 62 at Central City, thence south East Center Street, Kingsport, Tenn. points authorized to be served by appli­ along U.S. Highway 62 to junction Ken­ Authority sought to operate as a common cant by virtue of Certificate No. MC tucky Highway 171 at Greenville, thence carrier, by motor vehicle, over regular 59852 and Subs thereunder, covering the south along Kentucky Highway 171 to routes, transporting: General commodi­ transportation of general commodities, junction Kentucky Highway 107 at Kirk- ties, except those of unusual value, Class with certain exceptions, in the States of mansville, thence southwest along Ken­ A and B explosives, household goods as Ohio, Indiana, Illinois, Pennsylvania, tucky Highway 107 to junction U.S. defined by the Commission, commodi­ Maryland, Delaware, New York, Con­ Highway 68 near Hopkinsville, thence ties in bulk, and those requiring special necticut, Rhode Island, Massachusetts, west along U.S. Highway 68 to junction equipment, between Nashville, Tenn., West Virginia, New Jersey, and the Dis­ U.S. Alternate Highway 41 in Hopkins­ and Knoxville, Tenn., from Nashville trict of Columbia. ville, thence south along U.S. Alternate over U.S. Highway 70N to Crossville, HEARING: June 9,1959, at the Offices 41 to Clarksville, Tenn., thence south thence over U.S. Highway 70 to Knox­ of the Interstate Commerce Commission, along Tennessee Highway 48 to Dickson, ville, and return over the same route, Washington, D.C., before Examiner Allen Tenn., thence south along Tennessee serving all intermediate points, but W. Hagerty. Highway 46 to junction Tennessee High- Wednesday, May 6, 1959 FEDERAL REGISTER 3669 way 100, thence along Tennessee High­ Akron, Ohio. Applicant’s attorney: sota, Missouri, Nebraska, New Mexico, way 100 to Centerville, Tenn., thence William O. Turney, 2091 Massachusetts and Wyoming. southeast along Tennessee Highway 50 Avenue NW„ Washington 6, D.C. Au­ HEARING: July 6, 1959, at the New to Lewisburg, Tenn., thence south along thority sought to operate as a common Hotel Pickwick, Kansas City, Mo., before U.S. Highway 431 (formerly Tennessee carrier, by motor vehicle, over regular Examiner James H. Gaffney. Highway 50) to Fayetteville, Tenn., and irregular routes, transporting: No. MC 71478 (Sub No. 22), filed thence south along U.S. Highway 231 Liquid commodities; dry commodities; in March 23,1959. Applicant: THE CHIEF and 431 (formerly U.S. Highway 241) to containers including but not limited to FREIGHT LINES COMPANY, a corpo­ the Alabama-Tennessee State line, Sealdtanks and Sealdbins transported in ration, 1229 ^ Union Avenue, Kansas thence west along the Alabama-Tennes­ standard motor vehicles, over the routes City 1, Mo. Applicant’s attorney: Tom see State line to U.S. Highway 43, thence and in the territory, including all off- B. Krqisinger, 1014-18 Temple Building, south along U.S. Highway 43 to Hamil­ route and intermediate points authorized Kansas City 6, Mo. Authority sought to ton, Ala., thence northwest along U.S. to be served by applicant by virtue of operate as a common carrier, by motor Highway 78 to the Mississippi-Alabama Certificate No. 69274 and Subs thereun­ vehicle, over regular routes, transport­ State line, thence south along the Mis­ der, covering the transportation of gen­ ing: General commodities, except those sissippi-Alabama State line to U.S. High­ eral commodities with certain exceptions of unusual value, Class A and B explo­ way 80, thence west along U.S. Highway in the States of Connecticut, New Jersey, sives, household goods as defined by the 80 to the Mississippi River, near Vicks­ Pennsylvania, Rhode Island, Massachu­ Commission, commodities in bulk, and burg, Miss., thence north along the Mis­ setts, and New York. those requiring special equipment, be­ sissippi River to the Arkansas-Louisiana HEARING: June 9, 1959, at theOffices tween Tulsa, Okla., and Muskogee, Okla., State line, and thence' west along the of the Interstate Commerce Commission, over U.S. Highway 64, serving no inter­ Louisian-Arkansas State line to point of Washington, D.C., before Examiner Allen mediate points, as an alternate route for beginning. Applicant is authorized to W. Hagerty. operating convenience only. Applicant conduct operations in Arkansas, Mis­ No. MC 70451 (Sub No. 212), filed is authorized to conduct operations in souri, Kentucky, Tennessee, Alabama, April 2, 1959. Applicant: WATSON Kansas, Missouri, Oklahoma, and Texas. Mississippi, Louisiana, Texas,'Oklahoma, BROS. TRANSPORTATION CO., INC., HEARING: July 30, 1959, at the Fed­ Indiana, and Illinois. 1910 Harney Street, Omaha, Nebr. Ap­ eral Building, Oklahoma City, Okla., be­ Note: Applicant states the proposed oper­ plicant’s attorney: David Axelrod, 39 fore Joint Board No. 88, or, if the Joint ations shall be subject to the restriction that South La Salle Street, Chicago 3, 111. Board waives its right to participate, be­ no service shall be rendered in the trans­ Authority sought to operate as a com­ fore Examiner Leo W. Cunningham. portation of any package or article weighing mon carrier, by motor vehicle, over regu­ No. LlC 71902 (Sub No. 62), filed Feb­ more than 100 pounds and for the purpose of lar routes, transporting: General com­ ruary 9, 1959. Applicant: UNITED this restriction, each package or article shall be considered as a separate and distinct modities, except those of unusual value, TRANSPORTS, INC., 4900 North Santa shipm ent. livestock, household goods as defined by Fe Street, Oklahoma City 18, Okla. Ap­ the Commission, commodities in bulk plicant’s attorney: James W. Wrape, HEARING: June 22,1959, at the Clar- and those requiring special equipment, Sterick Building, Memphis 3, Tenn. idge Hotel, Memphis, Tenn., before Ex­ (1) between Kansas City,. Mo., and Al­ Authority sought to operate as a com­ aminer Isadore Freidson. buquerque, N. Mex.: (a) from Kansas mon carrier, by motor vehicle, over irreg­ No. MC 68807 (Sub No. 27), filed April City over U.S. Highway 50 to Hutchin­ ular routes, transporting: Imported mo­ 14, 1959. Applicant: BENJAMIN H. son, Kans., thence over Kansas Highway tor vehicles (except trailers), in second­ HERR, doing business as HERR’S MO­ 61 to junction U.S. Highway 54, two miles ary movements, in truckaway and drive- TOR EXPRESS, Quarryville, Pa. Ap­ east of Pratt, Kans., thence over U.S. away service, from Houston, Tex., to all plicant’s representative: Bernard N. Highway 54 to junction U.S. Highway 66, points in the United States including Gingerich, Quarryville, Pa. Authority and thence over U.S. Highway 66 to Al­ Alaska, except those in Texas, Okla­ sought to operate as a common or con­ buquerque, and return over the same homa, Kansas, Missouri, Arizona, and tract carrier, by motor vehicle, over ir­ route; (b) from Kansas City over U.S. New Mexico. Applicant is authorized to regular routes, transporting: Used empty Highway 50 to junction U.S. Highway 56 conduct operations in Arizona, Indiana, steel drums, from points in Maine, New at Kinsley, Kans., thence over U.S. High­ Kansas, Michigan, Missouri, New Mex­ Hampshire, Vermont, Massachusetts, way 56 to Clayton, N. Mex., thence over ico, Ohio, Oklahoma, Tennessee, and Rhode Island, Connecticut, New York, New Mexico Highway 18 to Nara Vista, Texas. New Jersey, Delaware, Maryland, Vir­ N. Mex., thence over U.S. Highway 54 to HEARING: July 14, 1959, at the Fed­ ginia, West Virginia, and the District of junction U.S. Highway 66, and thence eral Office Building, Franklin and Fan­ Columbia, and from points in Ashtabula, over U.S. Highway 66 to Albuquerque, nin Streets, Houston, Tex., before Exam­ Lake, Cuyahoga, Geauga, Trumbull, and return over the same route; (2) be­ iner Leo W. Cunningham. Portage, Mahoning, and Summit Coun­ tween Kansas City, Mo., and Springer, No. MC 74721 (Sub No. 69), filed April ties, Ohio, to Philadelphia, Pa. Appli­ N. Mex.: from Kansas City over U.S. 28, 1959. Applicant: MOTOR CARGO, cant is authorized to conduct operations Highway 50 to junction U.S. Highway 56 INC., 1540 West Market Street, Akron in Connecticut, Delaware, Maine, Mary­ at Kinsley, Kans., and thence over U.S. 13, Ohio. Applicant’s attorney: William land, Massachusetts, New Hampshire, Highway 56 to Springer, and return over O. Turney, 2001 Massachusetts Avenue New Jersey, New York, Ohio, Pennsyl­ the same route; and (3) between St. NW., Washington 6, D.C. Authority vania, Rhode Island, Vermont, Virginia, Louis, Mo., and Albuquerque, N. Mex.: sought to operate as a common carrier, West Virginia, and the District of Colum­ (a) from St. Louis over U.S. Highway 66 by motor vehicle, over regular and irreg­ bia. to Albuquerque, and return over the ular routes, transporting: Liquid com­ Note: A proceeding has been instituted same route; (b) from St. Louis over U.S. modities; Dry commodities; in con­ under section 212(c) in No. MC 68807 (Sub Highway 66 to junction Will Rogers tainers, including, but not limited to, No. 25) to determine whether applicant’s Turnpike, near Joplin, Mo., thence over Sealdtanks and Sealdbins, in standard status is that of a common or contract car­ Will Rogers Turnpike and necessary suc­ motor vehicles, over the routes and in rier. Applicant has common carrier author­ cessive roads to junction Turner Turn­ the territory, including all off-route and ity under Certificate No. MC 105461 and Subs thereunder. Dual authority under section pike, near Tulsa, Okla., thence over Tur­ intermediate points authorized to be 210 may be involved. Applicant states that ner Turnpike to junction U.S. Highway served by applicant by virtue of Certifi­ the proposed operation will be limited to 66, near Oklahoma City, Okla., and cate No. MC 74721 and Subs thereunder, transportation under contract with Binder thence over U.S. Highway 66 to Albu-' covering the transportation of General Cooperage Company, Philadelphia, Pa. querque, and return over the same route, commodities, with certain exceptions, in HEARING: June 25,1959, at the Offices serving no intermediate or off-route the States of New York, New Jersey, of the interstate Commerce Commission, points in connection with the above-de­ Pennsylvania, Delaware, Maryland, Washington, D.C., before Examiner scribed routes (1), (2) and (3), and serv­ Ohio, Indiana, Illinois, Missouri, Iowa, James H. Gaffney. ing Springer, N. Mex., as joinder point Wisconsin, Minnesota, and the District No. MC 69274 (Sub No. 4), filed April only. Applicant is authorized to con­ of Columbia. |0. 1959. Applicant: M & R TRANS­ duct operations in Arizona, California, HEARING: June 9,1959, at the Offices PORTATION CO., INC., 147 Park Street, Colorado, Illinois, Iowa, Kansas, Minne­ of the Interstate Commerce Commission, 3670 NOTICES Washington, D.C., before Examiner operations in Oregon, California, Ari­ Crest Boulevard, P.O. Box 6168, Dallas Allen W. Hagerty. zona, and Nevada. 3, Tex. Applicant’s attorney: James W. No. MC 78062 (Sub No. 40), filed April HEARING: June 9, 1959, at the Ari­ Hightower, P.O. Box 6168, Dallas, Tex. 8, 1959. Applicant: BEATTY MOTOR zona Corporation Commission, Phoenix, Authority sought to operate as a com­ EXPRESS, INC., Jefferson Avenue Ex­ Ariz., before Joint Board No. 129, or, if mon carrier, by motor vehicle, over ir­ tension, Washington, Pa. r Authority the Joint Board waives its right to par­ regular routes, transporting: Machinery, sought .to operate as a contract carrier, ticipate, before Examiner Alton R. Smith. equipment, niaterials, and supplies, used by motor vehicle, over irregular routes, No. MC 83539 (Sub No. 45), filed in, or in connection with, the discovery, transporting: Roofing or sheathing, March 3, 1959. Applicant: C & H development, production, refining, man­ steel, asbestos and asphalt coated; roof­ TRANPORTATION CO., INC., 1935 West ufacture, processing, storage, transmis­ ing, steel corrugated or not corrugated, Commerce Street, P.O. Box 5976, Dallas, sion, and distribution of natural gas and plain, galvanized or painted (priming Tex. Applicant’s attorney: W. T. Brun­ petroleum and their products and by­ coat only); ridge, comer or hip roll; son, 508 Leonhardt Building, Oklahoma products, and Machinery, material, flashing, roof, steel, nested; asphalt City, Okla. Authority sought to operate equipment, and supplies, used in, or in (cement), natural, by-product or petro­ as a common carrier, by motor vehicle, connection with the construction, opera­ leum, liquid, other than paint stain or over irregular routes, transporting: Con­ tion, repair, servicing, maintenance, and varnish; shapes, rubber packing; tees or duit or pipe, and attachments, parts and dismantling of pipe lines, including the zees, iron or steel; building sheet metal fittings, for conduit or pipe, when mov­ stringing and picking up thereof, except work, iron or steel galvanized, plain or ing in connection therewith, from Deni­ in connection with main or trunk pipe primed; hardware, iron or steel; fas­ son, Tex., to points in Alabama, Arizona, lines, between points in Pennsylvania, teners, roofing, steel; plastic sheet or Arkansas, California, Colorado, Florida, on the one hand, and, on the other, plate, glass fiber reinforced, flat or corru­ Georgia, Iowa, Kansas, Kentucky, Loui­ points in Mississippi. Applicant is au­ gated; panel or sheets, synthetic plastic siana, Mississippi, Missouri, Nebraska, thorized to conduct operations in Arkan­ and glass fiber combined, flat or corru­ New Mexico, North Carolina, Oklahoma, sas, Colorado, Illinois, Indiana, Iowa, gated ; mineral rock wool insulation, with South Carolina, Tennessee, Texas, Utah, Kansas, Kentucky, Louisiana, Michigan, binder, non-flexible with or without Virginia, and Wyoming. Applicant is Minnesota, Missouri, Montana, Nebraska, cloth or paper back, in solid flat blocks authorized to conduct operations in New Mexico, North Dakota, Ohio, Okla­ or solid flat sheets; and materials, sup­ Kansas, New Mexico, Texas, Oklahoma, homa, Pennsylvania, South Dakota, plies or equipment used or useful in the Louisiana, Illinois, Indiana, Kentucky, Texas, Utah, West Virginia, and production and sale of such products, Mississippi, Arkansas, Wisconsin, Kan­ Wyoming. except bulk raw materials, from Wash­ sas, North Dakota, South Dakota, Colo­ HEARING: July 22, 1959, at the Baker ington, Pa., to points in Connecticut, rado, Montana, Pennsylvania, Ohio, Hotel, Dallas, Tex., before Examiner Leo Delaware, Massachusetts, Maryland, Minnesota, Michigan, Iowa, New Jersey, W. Cunningham. New Jersey, New York,.Rhode Island, and New York. No. MC 92983 (Sub No. 345), filed and Vermont, and empty containers or HEARING: July 27, 1959, at the Baker March 9, 1959. Applicant: ELDON other such incidental facilities used in Hotel, Dallas, Tex., before Examiner Leo MILLER, INC., 330 East Washington, transporting the above-described com­ W. Cunningham. Iowa City, Iowa. Authority sought to modities, and pallets, binders, unused No. MC 83835 (Sub No. 37), filed March operate as a common carrier, by motor products, and materials, equipment and 3.1959. Applicant: WALES TRUCKING vehicle, over irregular routes, transport­ tools used in the shipment and installa­ COMPANY, a Corporation, 3319 Cedar ing: Acids and chemicals, in bulk, from tion of the above-described commodities, Crest Boulevard, P.O. Box 6186, Dallas, Keokuk, Iowa, and points within ten on return. Applicant is authorized to 3, Tex. Applicant’s attorney: James W. (10) miles thereof, to points in Illinois, conduct operations in Pennsylvania, Hightower, P.O. Box 6186, Dallas, Tex. Iowa, Missouri, and Wisconsin. Appli­ West Virginia, Ohio, Maryland, Ken­ Authority sought to operate as a common cant is authorized to conduct operations tucky, Indiana, New Jersey, Delaware, carrier, by motor vehicle, over irregular in Alabama, Oklahoma, Mississippi, Illinois, New York, the District of Colum­ routes, transporting: Machinery, equip­ Georgia, Connecticut, Massachusetts, bia, Virginia, and Michigan. ment, materials and supplies, used in, or Pennsylvania, North Dakota, South in connection with, the discovery, devel­ Dakota, Texas, New York, Michigan, Note: Robert C. Beatty, President of ap­ plicant, also conducts contract carrier oper­ opment, production, refining, manufac­ Tennessee, Florida, Louisiana, North ations as an individual, doing business as ture, processing, storage, transmission Carolina, South Carolina, Kentucky, Washington Motor Express, in Permit No. and distribution of natural gas and Arkansas, Ohio, Minnesota, Indiana, MC 20640; therefore, common control may be petroleum and their products and by­ Kansas, Missouri, Wisconsin, Nebraska, involved. A proceeding has been instituted products, and machinery, materials, Illinois, and Iowa. under section 212(c), No. MC 78062 Sub No. equipment and supplies, used in, or HEARING: July 10, 1959, at the U.S. 30, to determine whether applicant’s status in connection with, the construction, Court House and Custom House, 1114 is that of a contract or common carrier. operation, repair, servicing, mainte­ Market Street, St. Louis, Mo., before HEARING: June 23, 1959, at the Of­ nance and dismantling of pipeline, Examiner James H. Gaffney. fices of the Interstate Commerce Com­ including the stringing and picking No. MC 96098 (Sub No. 21), filed April mission, Washington, D.C., before Ex­ up thereof, except in connection with 17, 1959. Applicant: H. H. FOLLMER aminer James H. Gaffney. main or truck pipe lines, between points CONTRACT HAULING, INC., P.O. Box No. MC 78786 (Sub No. 216), filed April in Illinois, Indiana, Kentucky, Michi­ 389, Milton, Pa. Applicant’s representa­ 24, 1959. Applicant: PACIFIC MOTOR gan, New York, Ohio, Pennsylvania, and tive: A. E. Enoch, Brodhead Block, 556 TRUCKING COMPANY, a corporation, West Virginia. Applicant is authorized Main Street, Bethlehem, Pa. Authority 65 Market Street, San Francisco 5, Calif. to conduct operations in Kansas, Okla­ sought to operate as.a contract earner, Applicant’s attorney: William Meinhold, homa, Texas, Michigan, Ohio, Pennsyl­ by motor ^vehicle, over irregular routes, Pacific Motor Trucking Company (same vania, West Virginia, Arkansas, Indiana, transporting: In packages or in bulk: address as above). Authority sought to Iowa, Colorado, Illinois, Kentucky, Loui­ Salt mixtures, from Silver Springs, N.Y., operate as a common carrier, by motor siana, Minnesota, Missouri, Montana, to points in Bradford, Carbon, Colum­ vehicle, over regular routes, transport­ Nebraska, New Mexico, North Dakota, bia, Lackawanna, Luzerne, Wayne, Cam­ ing: Baggage, express, newspapers, milk South Dakota, Wyoming, Utah, and West eron, Monroe, Pike, Schuykill, Sus­ and cream, in service auxiliary to, or Virginia. quehanna, Sullivan, Wyoming, Elk, supplemental of, rail service of Southern Note: Applicant states it has some dupli­ Union, Montour, Snyder, Northumber­ Pacific Company and Railway Express cating authority, but seeks only one operat­ land, Lycoming, and Clinton Counties, Agency, Inc., between Road Forks, N. ing right. Pa. Salt and salt mixtures, from Silver Springs, N.Y., to points in Adams, Bed­ Mex., and Douglas, and return over the HEARING: July 22,1959, at the Baker same route, serving all intermediate Hotel, Dallas, Tex., before Examiner Leo ford, Berks, Blair, Bucks, Cambria, Cen­ points and all on-rail off-route points W. Cunningham. tre, Chester, Clearfield, Cumberland, which are stations on the line of South­ No. MC 83835 (Sub No. 38), filed March Dauphin, Delaware, Franklin, Fulton, ern Pacific Company between said ter­ 9.1959. Applicant: WALES TRUCKING Huntingdon, Juniata, Lancaster, Leba­ mini. Applicant is authorized to conduct COMPANY, a corporation, 3319 Cedar non, Lehigh, McKean, Mifflin, Mont- Wednesday, May 6, 1959 FEDERAL REGISTER 3671 gomery, Northampton, Perry, Potter, Pa. Authority sought to operate as a furnitu/e and furniture parts, unboxed Philadelphia, Somerset, Tioga, and York common or contract carrier, by motor and unpadded, from the above-specified Counties, Pa., and points in New Jersey. vehicle, over irregular routes, transport­ destination points to the plant site of Salt and salt mixtures, from Rittman, ing: Monoammonium phosphate, in the R. K. Griffin Company in the Bor­ Fairport (Lake County), Fairport Har­ bulk, in dump trucks, from Kearny, N.J., ough of Lock Haven, Clinton County, Pa. bor (Lake County), and Mentor (Lake to Baltimore, Md., and rejected and Applicant is authorized to transport County), Ohio, to points in Bradford, damaged shipments of the above- household goods as defined by the Com- Carbon, Columbia, Lackawanna, Luzerne, specified commodity on return. Appli­ mission in Pennsylvania, New York, New Wayne, Cameron, Monroe, Pike, Schuyl­ cant is authorized to conduct operations Jersey, and Maryland. kill, Susquehanna, Sullivan, Wyoming, in Delaware, Maryland, New Jersey, New HEARING: June 8, 1959, at the Penn­ Elk, Union, Montour, Snyder, North­ York, Ohio, Pennsylvania, Virginia, West sylvania Public Utility Commission, Har­ umberland, Lycoming, Clinton, Adams, Virginia, and the District of Columbia. risburg, Pa., before Examiner William E. Bedford, Berks, Blair, Bucks, Cambria, N o t e : A proceeding h a s been instituted Messer Centre, Chester, Clearfield, Cumberland, under section 212(c) in No. MC 100662 (Sub No. MC 103378 (Sub No. 121), filed Dauphin, Delaware, Franklin, Fulton, No. 8) to determine whether applicant’s March 19, 1959. Applicant: PETRO­ Huntingdon, Juniata, Lancaster, Leba­ status is that of a common or contract LEUM CARRIER CORPORATION, 369 non, Lehigh, McKean, Mifflin, Montgom­ carrier. Applicants have common carrier Margaret Street, Jacksonville, Fla. Ap­ ery, Northampton, Perry, Potter, Phila­ authority under Certificate No. MC 113106 (Sub No. 2), dated April 12, 1957. Dual plicant’s attorney: Martin Sack, Atlantic delphia, Somerset, Tioga, and York authority under section 210 may be involved. National Bank Building, Jacksonville 2, Counties, Pa., and points in New Jersey. Fla. Authority sought to operate as a Empty containers or other such inci­ HEARING: June 25, 1959, at the common carrier, by motor vehicle, over dental facilities (not specified) used in Offices of the Interstate Commerce Com­ irregular routes, transporting: Petro­ transporting the commodities in this ap­ mission, Washington, D.C., before Ex­ leum products, in bulk, in tank vehicles, plication from the above-specified desti­ aminer James H. Gaffney. from Savannah, Ga., and points within nation points to the above-specified ori­ NO. MC 102616 (Sub No. 671), (COR­ fifteen (15) miles therof, to points in gin points. Applicant is authorized to RECTION), filed March 5, 1959, pub­ Florida beyond 175 miles from point of conduct operations in Delaware, Mary­ lished issue of F ederal R e g is t e r April origin. Applicant is authorized to con­ land, New Jersey, New York, Ohio, Penn­ 29, 1959. Applicant: COASTAL TANK duct operations in Alabama, Florida, sylvania, Virginia, West Virginia, and LINES, INC., Grantley Road, York, Pa. Georgia, North Carolina, South Caro­ the District of Columbia. Applicant’s attorney: Harold G. Hernly, lina, and Tennessee. 1624 Eye Street NW., Washington 6, D.C. Note: A proceeding has been instituted N o t e : Any duplication with present au­ under section 212(c) of the Interstate Com­ Authority sought to operate as a com­ thority to be eliminated. merce Act to determine whether applicant’s mon carrier, by motor vehicle, over status is that of a contract or common car­ irregular routes, transporting: Asphalt ^HEARING: June 18,1959, at the May­ rier, assigned Docket No. MC 96098 (Sub and asphalt ^products, in bulk, in tank flower Hotel, Jacksonville, Fla., before No. 20). ; . • ■ ■ ) vehicles, from North Charleroi, Pa., to Joint Board No. 64, or, if the Joint Board HEARING: June 23, 1959, at the Of­ points in Chautauqua, Cattaraugus, Erie, waives its right to participate, before fices of the Interstate Commerce Com­ and Allegany Counties, N:Y.; points in Examiner Richard H. Roberts. mission, Washington, D.C., before Ex­ Ohio on and east of a line beginning at No. MC 103378 (Sub No. 123), filed aminer David Waters. Sandusky, Ohio and extending along March 26, 1959. Applicant: PETRO­ No. MC 97264 (Sub No. 19), (COR­ Ohio Highway 4 to junction U.S. High­ LEUM CARRIER CORPORATION, 369 RECTION) , filed February 24, 1959, pub­ way 23, thence along U.S. Highway 23 Margaret Street, Jacksonville, Fla. Ap­ lished issue of F ederal R e g is t e r of April through Marion, Ohio to Columbus, plicant’s attorney: Martin Sack, 500 At­ 22,1959. Applicant: M AND M OIL AND Ohio, thence over U.S. Highway 33 to lantic National Bank Building, Jackson­ TRANSPORTATION, INC., P.O. Box the Ohio-West Virginia State line; and ville 2, Fla. Authority sought to operate 2250, Denver 1, Colo. Applicant’s a t­ to those in West Virginia and Maryland as a common carrier by motor vehicle, torney: Michael T. Corcoran, 1360 on and north of U.S. Highway 33 from over irregular routes, transporting: Pe­ Locust Street, Denver 20, Colo. Au­ the Ohio-West Virginia State line to the troleum and petroleum products, in bulk, thority sought to operate as a common Virginia-West Virginia State line, and in tank vehicles, from Freeport, Fla., and carrier, by motor vehicle, over irregular on and west of U.S. Highway 220 from points within five (5) miles thereof, to routes, transporting: Petroleum and the Virginia-West Virginia State line to points in Alabama and Georgia. Appli­ petroleum products, in bulk, in tank the Maryland-Pennsylvania State line. cant is authorized to conduct operations vehicles, from points in Mesa County, Applicant is authorized to conduct opera­ in Alabanza, Florida, Georgia, North Colo., to points in San Miguel, San Juan, tions in Connecticut, Delaware, Illinois, Carolina, South Carolina, and Tennessee. Dolores, Hinsdale, La Plata, Montezuma, Indiana, Iowa, Kansas, Kentucky, Mary­ HEARING: June 18, 1959, at the May­ and Archuleta Counties, Colo., and land, Massachusetts, Michigan, Missouri, flower Hotel, Jacksonville, Fla., before empty containers or other such inci­ Nebraska, New Jersey, New York, North Joint Board No. 99, or, if the Joint Board dental facilities (not specified) used in Carolina, Ohio, Oklahoma, Pennsylvania, waives its right to participate, before transporting the above-specified com­ Rhode Island, South Carolina, Tennes­ Examiner Richard H. Roberts. modities on return. Applicant is au­ see, Virginia, West Virginia, Wisconsin, No. MC 103378 (Sub No. 125), filed thorized to conduct regular-route oper­ and the District of Columbia. April 15,1959. Applicant: PETROLEUM ations in Colorado, Idaho, and Wyoming, , HEARING: Remains as assigned June CARRIER CORPORATION, 369 Mar­ and irregular-route operations in Colo­ 11, 1959, at the offices of the Interstate garet Street, Jacksonville, Fla. Appli­ rado, Kansas, Nebraska, North Dakota, Commerce Commission, Washington, cant’s attorney: Martin Sack, Atlantic South Dakota, and Wyoming. D.C., before Examiner James H. Gaffney. National Bank Building, Jacksonville 2, No. MC 103158 (Sub No. 2), filed April Fla. Authority sought to operate as a Note: Applicant advises that the State 16, 1959. Applicant: CYRUS W. HAA- common carrier, by motor vehicle, over °f Utah will be traversed for operating con­ GEN AND HARRY J. HAINES, doing venience. Previous publication designated irregular routes, transporting: Naphtha Joint Board No. 126, in error. business as YEAGLE’S. MOVING AND (calibrating fluid), in bulk, in tank ve­ STORAGE, 20 North Hampton Street, hicles, from Atlanta, Ga., to all points in r HEARING: May 29, 1959, at the Nev Lock Haven, Pa. Authority sought to op­ Florida. Applicant is authorized to con­ Customs House, Denver, Colo., before erate as a* common carrier, by motor duct operations in Florida, Georgia, Joint Board No. 213. vehicle, over irregular routes, transport­ South Carolina, Alabama, and Tennessee. No. MC 100662 (Sub No. 10), filed Apri] ing: UnpacLded or unboxed new furni­ HEARING: June 17, 1959, at the U.S. 1’ 1959- Applicant: KENNETH K ture and new furniture parts, from the Court Rooms, Tampa, Fla., before Joint ^ECHMAN AND HARRY E. ZECHMAN plant site or the factory site of the R. K. Board No. 64, or, if the Joint Board Griffin Company in the Borough of Lock waives its right to- participate, before «omg business as BLUE DIAMONE Haven, Clinton County, Pa., to points in COMPANY, 4401 East Fairmount Ave- Examiner Richard H. Roberts. New Jersey, New York, Ohio, Massachu­ No. MC 103777 (Sub No. 6), filed March ue, Baltimore, Md. Applicant’s attor- setts, Indiana, Illinois, and Pennsylvania, 30, 1959. Applicant: EARNEST PICK­ ey- Bernard N, Gingerich, Quarryyille; and damaged or refused shipments of ETT AND HENRY PICKETT, doing No. 88------7 3672 NOTICES business as PICKETT BROTHERS, 224 No. MC 107002 (Sub No. 140), filed authorized to conduct operations North Sixth, Walters, Okla. Applicant’s March 3, 1959. Applicant: W. M. throughout the United States, except attorney: Max G. Morgan, 443-54 Ameri­ CHAMBERS TRUCK LINE, INC., 920 Alaska. can National Building; Oklahoma City 2, Louisiana Boulevard, P.O. Box 547, Ken­ HEARING: June 19, 1959, at the New Okla. Authority sought to operate as a ner, La. Authority sought to operate as Mint Building, 133 Hermann Street, San common carrier, by motor vehicle, over a common carrier, by motor vehicle, over Francisco, Calif., before Examiner F. irregular routes, transporting: Petroleum irregular routes, transporting: Vegetable Roy Linn. asphalt, in bulk, in tank vehicles, from oils, in bulk, in tank vehicles, between No. MC 107272 (Sub No. 17), (RE- Grandfield, Okla., to points in Texas Evadale and Wilson, Ark., on the one PUBLICATTON), filed March 2, 1959, within 350 miles of Grandfield. Appli­ hand, and, on the other, points in Ala­ published issue of April 22, 1959. Appli­ cant is authorized to conduct operations bama, Arkansas,- Florida, Georgia, Illi­ cant: MONKEM COMPANY, INC., 1206 in Oklahoma and Texas. nois, Indiana, Iowa, Kansas, Kentucky, East Sixth Street, Joplin, Mo. Appli­ HEARING: July 30, 1959, at the Fed­ Louisiana, Mississippi, Missouri, Ne­ cant’s attorney; J. F. Miller, 500 Board eral Building, Oklahoma City, Okla., be­ braska, Ohio, Oklahoma, Tennessee, and of Trade Building, Kansas City 5, Mo. fore Joint Board No. 16, or, if the Joint Texas. Applicant is authorized to con­ Authority sought to operate as a com­ Board waives its right to participate, duct operations in Alabama, Arkansas, mon or contract carrier, by motor vehi­ before Examiner Leo W. Cunningham. Connecticut, District of Columbia, Flor­ cle, over irregular routes, transporting: No. MC 104347 (Sub No. 129), (COR­ ida, Georgia, Illinois, Indiana, Kansas, Commercial fertilizer (other than liq­ RECTION) , filed March 4, 1959, pub­ Kentucky, Louisiana, Maine, Maryland, uid), (1) from the site of the plant of lished issue of F ederal R egister April 29, Massachusetts, Michigan, Minnesota, the Spencer Chemical Company at or 1959. Applicant: LEAMAN TRANS­ Mississippi, Missouri, New Jersey, New near Military, Kans., to points in Mis­ PORTATION CORPORATION, 520 East York, North Carolina, Ohio, Oklahoma, souri, Arkansas, Iowa, Oklahoma, Ne­ Lancaster Avenue, Downington, Pa. Ap­ Pennsylvania, Rhode Island, South Caro­ braska, Minnesota, North Dakota, and plicant’s attorneys: Leonard A. Jaskie- lina, Tennessee, Texas, Virginia, West South Dakota, (2) from the site of the wicz and V. Baker Smith, Munsey Build­ Virginia, and Wisconsin. Spencer Chemical Company plant lo­ ing, Washington 4, D.C. Authority HEARING: June 17, 1959, at the Cla- cated approximately two miles from sought to operate as a common carrier, ridge Hotel, Memphis, Tenn., before Ex­ Henderson, Ky„ to the plant site of the by motor vehicle, over irregular routes, aminer Isadore Freidson. Speneer Chemical Company at or near transporting: Asphalt and asphalt prod­ No. MC 107002 (Sub 'No. 141) , filed Military, Kans., and empty containers or ucts, in bulk, in tank vehicles, from North March 3, 1959. Applicant: W. M. other such incidental facilities (not Charleroi, Pa., to points in Allegany, CHAMBERS TRUCK LINE, INC., 920 specified) used in transporting commer­ Chautauqua, Cattaraugus, and Erie Louisiana Boulevard, P.O. Box 547, cial fertilizer on return. Applicant is Counties, N.Y.; points in Ohio on and Kenner, La. Authority sought to oper­ authorized to conduct operations in Ala­ east of a line beginning at Sandusky, ate as a common carrier, by motor ve­ bama, Arkansas, Illinois, Indiana, Iowa, Ohio, and extending along Ohio Highway hicle, over irregular routes, transporting: Kansas, Kentucky, Louisiana, Minnesota, 4 to junction U.S. Highway 23, thence Animal oils and vegetable oils and blends Mississippi, Missouri, Nebraska, North along U.S. Highway 23 through Marion, and products thereof, in bulk, in tank Dakota, Ohio, Oklahoma, South Dakota, Ohio, to Columbus, Ohio, thence along vehicles, between Memphis, Tenn., on and Tennessee. U.S. Highway 33 to the Ohio-West Vir­ the one hand, and, on the other, points Note: A proceeding has been instituted ginia State line; and to those in West in Alabama, Arkansas, Colorado, Dela­ under section 212(c) to determine whether Virginia and Maryland on and north of ware, Florida, Georgia, Illinois, Indiana,' applicant’s status is that of a common or U.S. Highway 33 from the Ohio-West Iowa, Kansas, Kentucky, Louisiana, contract carrier in No. MC 107272 (Sub No. Virginia State line to the Virginia-West Maryland, Michigan, Minnesota, Missis­ 14). Virginia State line, and on and west of sippi, Missouri, Nebraska, New Jersey, HEARING: Remains as assigned June U.S. Highway 220 from the Virginia-West New Mexico, New York, North Carolina, 5, 1959, at the New Hotel Pickwick, Virginia State line to the Maryland- Ohio, Oklahoma, Pennsylvania, South Kansas City, Mo., before Examiner James Pennsylvania State line. Applicant is Carolina, South Dakota, Tennessee, O’D. Moran. authorized to conduct operations in Con­ Texas, Virginia, West Virginia*,Wiscon­ No. MC 107353 (Sub No. 11), (RE- necticut, Delaware, Illinois, Indiana, sin, and the District of Columbia. Ap­ PUBLICATION), filed October 2, 1958, Kentucky, Maryland, Massachusetts, plicant is authorized to conduct opera­ published issue of March 18,1959. Appli­ Michigan, Missouri, New Jersey, New tions in Alabama, Arkansas, Connecti­ cant: HAROLD MORSE AND HENRY J. York, North Carolina, Ohio, Pennsyl­ cut, District of Columbia, Florida, HOLIEN, doing business as HELPHREY vania, Vermont, Virginia, West Virginia, Georgia, Illinois, Indiana, Kansas, Ken­ MOTOR FREIGHT, 407 North Perry and the District of Columbia. tucky, Louisiana, Maine, Maryland, Street, Spokane, Wash. Applicant’s at­ HEARING: Remains as assigned June Massachusetts, Michigan, Minnesota, torney: Lynn S. Richards, 716 Newhouse 11, 1959, at the Offices of the Interstate Mississippi, Missouri, New Jersey, New Building, Salt Lake City 11, Utah. Au­ Commerce Commission, Washington, York, North Carolina, Ohio, Oklahoma, thority sought to operate as a com m on D.C., before Examiner James H. Gaffney. Pennsylvania, Rhode Island, South Caro­ carrier, by motor vehicle, over regular No. MC 106194 (Sub No. 8) , filed April lina, Tennessee, Texas, Virginia, West routes, transporting: General com m odi­ 17, 1959. Applicant: O. W. HORN, Virginia, and Wisconsin. ties, except those of unusual value, Class doing business as HORN TRANSPOR­ HEARING: June 16, 1959, at the A and B explosives, household goods as TATION, 1117 West 24th Street, Kansas Claridge Hotel, Memphis, Tenn., before defined by the Commission, commodities City, Mo. Applicant’s attorney: Went­ Examiner Isadore Freidson. in bulk, and those requiring special worth E. Griffin, 1012 Baltimore Build­ No. MC 107227 (Sub No. 74), filed equipment, (1) Between Portland, Oreg., ing, Kansas City 5, Mo. Authority April 15, 1959. Applicant: INSURED and the site of the Glasgow Air Force sought to operate as a common carrier, TRANSPORTERS, INC., 251 Park Street, Base, located approximately 22 miles by motor vehicle, over irregular routes, Sari Leandro, Calif. Applicant’s attor­ northeast of Glasgow, Mont., from Port­ transporting: Animal or poultry feed ney: John G. Lyons, Mills Tower, San land over U.S. Highway 30 to Boardman, from Enid, Okla., to points in Arapahoe, Francisco 4, Calif. Authority sought to Oreg., thence over U.S. Highway 730 to Baca, Bent, Cheyenne, Crowley, Custer, operate as a common carrier, by motor junction U.S. Highway 395, thence over Douglas, Elbert, El Paso, Fremont, Huer­ vehicle, over irregular routes, transport­ U.S. Highway 395 to junction Washing­ fano, Kiowa, Kit Carson, Lincoln, Las ing: Motor vehicles, except trailers, in ton Highway 11B, (approximately two Animas, Prowers, Pueblo, Otero, Teller, secondary movements, in truckaway (2) miles south of Connell, Wash.), Washington, and Yuma Counties, Colo. service, (1) from points in Montana to thence over Washington Highway 1 1B to Applicant is authorized to conduct oper­ points in Idaho, Montana, Oregon, and Washtucna, Wash., thence over Wash­ ations in Missouri, Nebraska, Colorado, Washington, (2) from points in Wyo­ ington Highway HE to Ritzville, Wash, and Kansas. ming to points in Idaho, Montana, Ore­ thence over combined U.S. Highways io HEARING: July 8, 1959, at the New gon, Washington, and Wyoming, and (3) and 395 to Spokane, Wash., thence over Hotel Pickwick, Kansas City, Mo., before from points in Utah to points in Idaho, Washington Highway 2H to Otis Or­ Examiner James H. Gaffney. Oregon, and Washington. Applicant is chards, Wash., thence over Trent Roaa Wednesday, May 6, 1959 FEDERAL REGISTER 3673 No. 2 to junction Idaho Highway 53, Tower Building, 225 South 15th Street, University Avenue SW., Atlanta, Ga. thence over Idaho Highway 53 to Rath- Philadelphia 2, Pa. Authority sought to Authority sought to operate as a com­ drum, Idaho, thence over unnumbered operate as a common carrier, by motor mon carrier, by motor vehicle, over ir­ highway to junction U.S. Highway 95, vehicle, over irregular routes, transport­ regular routes, transporting: Meats, thence over U.S. Highway 95 to junction ing: Petroleum and petroleum products, meat products and meat by-products, in U.S. Highway 2, thence over U.S. High­ in bulk, in tank vehicles, from Fleming- mechanically refrigerated equipment, way 2 to Glasgow, thence continue over ton, N.J., to points in Bucks, Monroe, from Salem, Va., to points in Florida, U.S. Highway 2 to junction unnumbered Northampton, Pike, and Wayne Coun­ Georgia, North Carolina and South highway approximately two (2) miles ties, Pa. Applicant is authorized to con­ Carolina. Applicant is authorized to east of Glasgow, thence Over unnum­ duct operations in Alabama, Connecticut, conduct operations in Alabama, Arizona, bered highway to the site of the Glasgow Delaware, Georgia, Illinois, Indiana, Arkansas, California, Colorado, Florida, Air Force Base, located approximately Kansas, Kentucky, Maryland, Massachu­ Georgia, Illinois, Indiana, Iowa, Kansas, 22 miles northeast of Glasgow, and re­ setts, Maine, Michigan, Missouri, Min­ Kentucky, Louisiana, Michigan,.Minne­ turn over the same route, serving all nesota, . New Hampshire, New Jersey, sota, Mississippi, Missouri, Nebraska, intermediate points between Coram, New York, North Carolina, Ohio, Penn­ New Mexico, North Carolina, Ohio, Mont., and the site of the Glasgow Air sylvania, Rhode Island, South Carolina, Oklahoma, South Carolina, Tennessee, Force Base, including Glasgow, Mont., Tennessee, Vermont, Virginia, West Vir­ Texas, Virginia, and Wisconsin. as well as the intermediate points of ginia, Wisconsin, and the District of N o t e : Common control, and section 210 Rathdrum, Idaho, Kahlotus, Washtucna, Columbia. dual operations may be involved. Ralston, Ritzville, Sprague, and Spo­ Note: Dual operations under section 210, HEARING: June 8, 1959, at the Hotel kane, Wash., restricted against the and common control may be involved. transportation of traffic originating at Patrick Henry, Roanoke, Va., before Ex­ Portland, Oreg., and destined to Spo­ HEARING: June 24,1959, at the Offices aminer Isadore Freidson. kane, Wash., or originating at Spokane of the Interstate Commerce Commission, No. MC 107515 (Sub No. 314), filed and destined to Portland, Oreg.; (2) Washington, D.C., before Examiner March 23, 1959. Applicant: REFRIG­ Between Seattle, Wash., and Spokane, James H. Gaffney. ERATED TRANSPORT CO., INC., 290 Wash., from Seattle over U.S. Highway No. MC 107496 (Sub No. 131), filed University Avenue SW., Atlanta, Ga. 10 to Spokane, and return over the same April 16, 1959. Applicant: RUAN Authority sought to operate as a com­ route-with service authorized at Spokane, TRANSPORT CORPORATION, 408 mon carrier, by motor vehicle, over ir­ Wash., for the purpose of joinder and Southeast 30th Street, Des Moines, Iowa. regular routes, transporting: Frozen interline only, restricted against the Applicant’s attorney: H. L. Fabritz, 408 foods, (1) from points .in North Carolina transportation of traffic originating at Southeast 30th Street, Des Moines, Iowa. t James H. Gaffney. Massachusetts, Michigan, Minnesota, No. MC 111281 (Sub No. 38), filed April No. MC 111940 (Sub No. 24), filed April Mississippi, Missouri, Nebraska, New 30, 1959. Applicant: JONES TRUCK 21, 1959. Applicant* SMITH’S TRUCK Jersey, New Mexico, New York, North LINES, INC., 610 East Emma Avenue, LINES, a Corporation, R.D. No. 2, P.O. Carolina, Ohio, Oklahoma, Pennsyh Springdale, Ark. Applicant’s attorney: Box 88, Muncy, Pa. Applicant’s attor­ vania. Rhode Island. South Carolina, Wednesday, May 6, 1959 FEDERAL REGISTER 3675 South Dakota, Tennessee, Texas, Vir­ in bulk, in specialized vehicles and/or in Streets, Houston, Tex., before Examiner ginia, West Virginia, Wisconsin, and the shipper’s specialized vehicles, from Leo W. Cunningham. District of Columbia. points in the St. Louis, Mo.-East St. No. MC 113908 (Sub No. 51), filed April HEARING: July 28,1959, at the Baker Louis, 111., Commercial Zone to points in 3,1959. Applicant: ERICKSON TRANS­ Hotel, Dallas, Tex., before Examiner Leo Arkansas, Illinois, Indiana, Iowa, Kan­ PORT CORPORATION, a Corporation, W. Cunningham. sas, Kentucky, Missouri, Oklahoma, 706 West Tampa, Springfield, Mo. Mail: No. MC 112020 (Sub No. 66), filed Pennsylvania, and Tennessee, and trans­ Coon Valley, Wis. Authority sought to March 23, 1959. Applicant: COMMER­ port empty shipper’s specialized vehicles, operate as a common carrier, by motor CIAL OIL TRANSPORT, a corporation, on return. Applicant is authorized to vehicle, over irregular routes, trans­ 1030 Stayton Street, Fort Worth, Tex. conduct operations in Illinois and porting : Liquid and invert sugars, in* Authority sought to operate as a com­ Missouri. bulk, in tank vehicles, and empty con­ mon carrier, by motor vehicle, over irreg­ HEARING: July 15, 1959, at the U.S. tainers or other such incidental facilities ular routes, transporting: Animal fats, Court House and Custom House, 1114 (not specified) used in transporting the and blends of animal fats and vegetable Market Street, St. Louis, Mo., before above commodities, between points in oils, in bulk, in specialized equipment, Examiner James H. Gaffnéy. Missouri, Iowa, Kansas, Louisiana, Illi­ (1) from Sioux City, Iowa, to points in No. MC 113533 (Sub No. 21), filed April nois, Indiana, Kentucky, Tennessee, Ar­ Illinois, Minnesota, Nebraska, South Da­ 15, 1959. Applicant: WARREN P. kansas, Alabama, Mississippi, Georgia, kota, and Wisconsin; (2) from Omaha, KURTZ, doing business as LAKE RE­ Oklahoma, Nebraska, Wisconsin, Texas, Nebr., to points in South Dakota, Wis­ FRIGERATED SERVICE, 8901 Tonnelle and Ohio. Applicant is authorized to consin, Minnesota, Oklahoma City, Avenue, North Bergen, N.J. Applicant’s c'onduct opefations in Indiana, Missouri, Okla., Sioux City, Iowa, Kansas City, attorney: Wilhelmina Boersma, 2850 Florida, Ohio, Michigan, and Illinois. Kans., St. Louis, Mo., East St. Louis, Chi­ Penobscot Building, Detroit 26, Mich. HEARING: July 14, 1959, at the U.S. cago, and McCook, 111., and points in St. Authority sought to operate as a common Court House and Custom House, 1114 Clair County, 111. Applicant is author­ carrier, by motor vehicle, over irregular Market Street, St. Louis, Mo., before ized to conduct operations in Alabama, routes, transporting: Fresh and frozen Examiner James H. Gaffney. Arizona, Arkansas, Colorado, Connecti­ meats, from Covington, Ky., to points No. MC 114004 (Sub No. 24) (RE­ cut, Delaware, Florida, Georgia, .Illinois, in Florida. Applicant is authorized to PUBLICATION), filed August 1, 1958, Indiana, Iowa, Kansas, Kentucky, Lou­ conduct operations in New York, Ohio, published issue August 13, 1958. Appli­ isiana, Maryland, Massachusetts, Michi­ Michigan, Pennsylvania, Connecticut, cant: CHANDLER TRAILER CONVOY, gan, Minnesota, Mississippi, Missouri, Rhode Island, Massachusetts, New Jer­ INC., 8828 New Benton Highway, P.O. Nebraska, New Jersey, New Mexico, New sey, New Hampshire, Illinois, and Box 1715, Little Rock, Ark. The follow­ York, North Carolina, Ohio, Oklahoma, Indiana. ing covers an order of the Commission Pennsylvania, Rhode Island, South HEARING: June 23, 1959, at the Of­ entered in the subject proceeding April Carolina, South Dakota, Tennessee, fices of the Interstate Commerce Com­ 10, 1959, that in effect (1) reopened the Texas, Virginia, West Virginia, Wiscon­ mission, Washington, D.C., before proceeding for rehearing and (2) sin, and the District of Columbia. Examiner Isadore Freidson. amended the application by substituting HEARING: June 30,1959, at the Rome No. MC 113779 (Sub No. 89), filed the following for the authority originally Hotel, Omaha, Nebr., before Examiner March 9, 1959. Applicant: YORK IN­ sought: To operate as a common^carrier James H. Gaffney. TERSTATE TRUCKING, INC., 9020 La- by motor vehicle, over irregular'routes, No. MC 112713 (Sub No. 82), filed porte Expressway, P.O. Box 12385, Hous­ transporting trailers designed to be March 26, 1959. Applicant: YELLOW ton 17, Tex. Authority sought to operate drawn by passenger automobiles (except TRANSIT FREIGHT LINES, INC., 1626 as a common carrier, by motor vehicle, utility rental trailers), in initial move­ Walnut Street, Kansas City 8, Mo. Ap­ over irregular routes, transporting: Acids ments, in truckaway service, from Marys­ plicant's attorney: Homer S. Carpenter, and chemicals, in bulk, in tank vehicles, ville, Kans., to points in the United 618 Perpetual Building, -1111 E Street from points m the St. Louis, Mo., Com­ States, except Flint, Detroit, and Mount NW., Washington 4, D.C. Authority mercial Zone, to points in Texas. Appli­ Clemens, Mich., and of damaged or re­ sought to operate as a common carrier, cant is authorized to conduct operations fused trailers, on return. by motor vehicle, over regular and ir­ throughout the United States except REHEARING: Assigned July 6, 1959, regular routes, transporting: Liquid or Connecticut, Delaware, Maine, Maryland, at the Arkansas Commerce Commission, dry commodities, im collapsible tanks or Massachusetts, New Hampshire, New Justice Building, state Capitol, Little bins, or the equivalent thereof, between York, Rhode Island, Vermont, and the Rock, Ark. all points applicant is authorized to serve District Of Columbia. No. MC 114533 (Sub No. 11), filed in the transportation of general com­ HEARING: July 10, 1959, at the U.S. April 13, 1959. Applicant: BANKER’S modities, as contained in Certificate MC Court House and Custom House, 1114 DISPATCH CORPORATION, 4658 Ked- 112713 and sub numbers thereunder. Market Street,,St. Louis, Mo., before zie Avenue, Chicago, 111. Applicant’s Applicant is authorized to conduct op­ Examiner James H. Gaffney. attorney: David Axelrod, 39 South La erations in Ohio, Michigan, Indiana, No. MC 113779 (Sub No. 90), filed Salle Street, Chicago 3, 111. Authority Kentucky, Illinois, Missouri, Indiana, March 30, 1959. Applicant: YORK IN­ sought to operate as a common carrier, Oklahoma, and Texas. TERSTATE TRUCKING, INC., 9020 ' by motor vehicle, over irregular routes, Note: Applicant states that it seeks, if it LaPorte Expressway, P.O. Box 12385, transporting: Commercial papers, doc­ «oes not already have, authority to transport Houston 17, Tex. Authority sought to uments and written instruments (except oth liquid and dry commodities throughout operate as a common carrier, by motor coins, currency and negotiable securi­ ts entire scope of operations when such vehicle, over irregular routes,,transport­ ties) , as are used in the conduct and transportation takes place in “Sealdtanks” ing: Phosphoric acid and phosphatic operation of banks and banking institu­ or Sealdbins”, marketed by the UJS. Rubber fertilizer solutions, in bulk, in tank ve­ ompany, or other collapsible containers of tions, from St. Joseph, Mo., to points in similar nature and design. hicles, from Nashville, Tenn., to points in (1) Richardson, Pawnee, Gage, Jefferson, Texas. Applicant is authorized to con­ Thayer, Saline, Seward, Saunders, But­ HEARWQ: June 9, 1959, at thé Offices duct operations in Alabama, Arizona, ler, Dodge, Washington, Rock, Furnas, ut Interstate Commerce Commission, Arkansas, California, Colorado, Florida, Hitchcock, Clay, Franklin, Fillmore, Washington, D.C., before Examiner Allen w. Hagerty. Michigan, Minnesota, Mississippi, Mis­ Hall, Nuckolls, Adams, Redwillow, Web­ souri, Montana, Nebraska, Nevada, New ster, and Harlan Counties, Nebr., and ^3325 (Sub No. 4), filed April Jersey, New México, North Carolina, (2) Fremont, Page, Montgomery, Mills, APPlicant: SLAY TRANSPOR- Pottawatamie, Taylor, Union, and Ring- r INC., 718 South Seventh Nqrth Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South gold Counties, Iowa. Applicant is au­ r i e l ’ kerns* Mo. Applicant’s rep- thorized to conduct similar operations in T j,S ative: A* A. Marshall, 305 Buder Dakota, Tennessee, Texas, Utah, Vir­ Illinois, Indiana, Michigan, Wisconsin, soiurKf1?’ kouis 1, Mo. Authority ginia, Washington, West Virginia, Wisr and Ohio. ugnt to operate as a common carrier, consin, and Wyoming. HEARING: July 7, 1959, at the New Vekicle, over irregular routes, HEARING: July 17, 1959, at the Fed­ Hotel Pickwick, Kapsas City, Mo., before nsporting: Acids and chemicals, dry, eral Office Building, Franklin and Fannin Examiner James H. Gaffney. 3676 NOTICES No. MC 115491 (Sub No. 14)^ filed kota, Oregon, South Dakota, Utah, Wash­ on the one hand, and, on the other, March 25, 1959. Applicant: COMMER­ ington, and Wyoming. points in Iowa, Missouri, Illinois, Wis­ CIAL CARRIER CORPORATION, 502 HEARING: June 16, 1959, at the Of­ consin, Ohio, Indiana, and Kentucky. East Bridges Avenue, Auburndale, Fla. fices of the Interstate Commerce Com­ (2) Pipe tubing, pipe fittings and pro­ Applicant’s attorney: William P. Toma- mission, Washington, D.C., before Ex­ tectors; carnival and playground equip­ sello, 120 East Davidson Street, P.O. Box aminer James H. Gaffney. ment; and steel, and empty containers or 216, Bartow, Fla. Authority sought to No. MC 115883 (Sub No. 4), filed April other such incidental facilities (not spec­ operate as a common carrier, by motor 6,1959. Applicant: ROBERT A. WELSH, ified) used in transporting the com­ vehicle, over irregular routes, transport­ White Mills, Pa. Authority sought to modities specified in (2) above, between ing: Canned citrus products (not re­ operate as a contract carrier, by motor Centralia, Flora, Carlinville and Olney, quiring refrigerator), from Auburndale, vehicle, over irregular routes, transport­ 111., and Louisiana, Mo., on the one hand, Fla., to Omaha, Nebr. Applicant is au­ ing: Coal, (1) from mines in Scranton, and, on the other, points in Wisconsin, thorized to conduct operations in Ala­ Carbondale and Wilkes Barre, Pa., and Indiana, Minnesota, Ohio, Iowa, Illinois, bama, Florida, Georgia, Illinois, Iowa, points within fifteen (15) miles of Scran­ Kentucky, Tennessee, Arkansas, Ne­ Kansas, Minnesota, Missouri, Nebraska, ton, and (2) from mines in Carbon, Co­ braska, Oklahoma, and Texas. Appli­ North Carolina, Ohio, South Carolina, lumbia, Northumberland, and Schuyl­ cant is authorized to conduct operations and Wisconsin. kill Counties, Pa., and those in that part in Arkansas, Illinois, Kentucky, Mis­ HEARING: June 16, 1959, at the U.S. of Luzerne County,,Pa., more than fifteen souri, and Tennessee. Court Rooms, Tampa, Fla., before Ex­ (15) miles from Scranton, Pa., to River- HEARING: June 26,1959 in Room 852, aminer Richard H. Roberts.' head, Long Island, N.Y. Applicant is U.S. Custom House, 610 South Canal No. MC 115557 (Sub No. 4), filed April authorized to conduct operations in New Street, Chicago, 111., before Examiner 15, 1959. Applicant: CHARLES A. MC­ York, Pennsylvania, and New Jersey. James H. Gaffney. CAULEY, 308 Leasure Way, New Beth­ _ Note: Applicant is authorized to transport No. MC 117423 (Sub No. 1), filed Feb­ lehem, Pa. Applicant’s attorney: H. Ray coal from points in the above-named origin ruary 16, 1959. Applicant: PAUL Pope, Jr., Clarion Pa. Authority sought territory, (1) to New York (Borough of Man­ HAYES, 1028 Milby Street, Houston 23, to operate as a common carrier, by mo­ hattan) and Brooklyn, N.Y., and (2) to New Tex. Applicant’s attorney: Dave Mc­ tor vehicle, over irregular routes, trans­ York (Borough of M anhattan), N.Y. Neill, Jr,, Esperson Building, Houston 2, porting: New furniture, from points in HEARING: June 8, 1959, at the Penn­ Tex. Authority sought to operate as a Redbank Township, Clarion County, Pa., sylvania Public Utility Commission, Har­ contract carrier, by motor vehicle, over to points in Ohio, Indiana, Illinois, risburg, Pa., before Examiner William E. irregular routes, transporting: Crude oil Minnesota, and Wisconsin, and rejected, Messer. and crude condensate, in bulk, in tank refused or damaged furniture, on re­ No. MC 116077 (Sub No. 62), filed vehicles, from oil field locations in turn. Applicant is authorized to con­ March 11, 1959. Applicant: ROBERT­ Cameron Parish, Louisiana, to pipeline duct operations in Pennsylvania, Ohio, SON TANK LINES, INC., 5700 Polk Ave­ facilities located approximately two (2) Indiana, New York, Connecticut, Maine, nue, Houston, Tex. Applicant’s attor­ miles southwest of Creole, La., and the Maryland, Massachusetts, New Hamp­ neys: Thomas E. James and Charles D. Chalkley Terminal at or near Gibbs- shire, New Jersey, Vermont, Rhode Is­ Mathews, 1020 Brown Building, P.O. Box town, La. land, West Virginia, and the District of 858, Austin 65, Tex. Authority sought to Note: Applicant states the proposed oper­ Columbia. operate as a common carrier, by motor ations are for the account of The Pure Oil HEARING: June 24, 1959, at the Of­ vehicle, over irregular routes, transport­ Company. fices of the Interstate Commerce Com­ ing: Petroleum and petroleum products, HEARING: July 8,1959, at the Federal mission, Washington, D.C., before Ex­ in bulk, in tank vehicles, from points in Office Building, 600 South Street, New aminer Leo W. Cunningham. Pike County, Miss., to points in Alabama, Orleans, La., before Joint Board No. 164, No. MC 115757 (Sub No. 18), filed Arkansas, Florida, Georgia, Louisiana, or, if the Joint Board waives its right to April 13, 1959. Applicant: BULK MO­ and Tennessee. Applicant is authorized participate, before Examiner Leo W. TOR TRANSPORT, INC., 1400 Kansas to conduct operations in Alabama, Ari­ Cunningham. Avenue, Kansas City 5, Kans. Appli­ zona, Arkansas, California, Colorado, No. MC 117425 (Sub No. 3), filed April cant’s representative: A. A. Marshall, 305 Connecticut, Florida, Georgia, Idaho, 2, 1959. Applicant: FEDERAL TRUCK­ Buder Building, St. Louis 1, Mo. Au­ Illinois, Indiana, Iowa, Kansas, Ken­ ING COMPANY, Denton Road, Federals- thority sought to operate as a common tucky, Louisiana, Minnesota, Mississippi, burg, Md. Applicant’s attorney: William carrier, by motor vehicle, over irregular Missouri, Nebraska, New Jersey, New J. Augello, Jr., 99 Hudson Street, New routes, transporting: Flour and starch, Mexico, North Carolina, Ohio, Oklahoma, York 13, N.Y. Authority sought to oper­ in bulk, between points in Georgia, Ken­ Oregon, South Carolina, Tennessee, ate as a common carrier, by motor ve­ tucky, North Carolina, Ohio, Pennsyl­ Texas, Washington, West Virginia, and hicle, over irregular routes, transport­ vania, South Carolina, Virginia, and Wisconsin. ing : Frozen foods, from Bridgeton, Glass- West Virginia. Applicant is authorized Note: Applicant states that it proposes to boro, Gloucester, Englishtown, Seabrook, to conduct operations in Illinois, Michi­ render a call and' demand service in the Swedesboro and Vineland, N.J., to points gan, Missouri, and Ohio. transportation of the above-specified com­ in Maine, New Hampshire, and Vermont, Note: Applicant states that common con­ modities from and to the above-designated and empty containers or other such in­ trol by management exists with Southwest points. . .. cidental facilities used in transporting Freight Lines, Inc. Dual authority under frozen foods and rejected or returned, section 210 may be involved. HEARING: July 9,1959, at the Federal Office Building, 600 South Street, New fih.inm.pn.+a f.H A r p n f P T P T T lvt CO7Tl7fl0(ll~ HEARING: June 25, 1959, at the Of­ Orleans, La., before Examiner Leo W. ties, on return. fices of the Interstate Commerce Com­ Cunningham. HEARING: June 19, 1959, at the Of­ mission, Washington, D.C., before Ex­ No. MC 116434 (Sub No. 4), filed April fices of the Interstate Commerce Com- aminer Harold P. Boss. 10, 1959. Applicant: HUGH MAJOR, mission, Washington, D.C., before Ex­ No. MC 115841 (Sub No. 58), filed 102 Edwardsville Road, Wood River, 111. aminer James H. Gaffney. April 2, 1959. Applicant: COLONIAL Applicant’s attorney: David Axelrod, 39 No. MC 117425 (Sub No. 4), filed April REFRIGERATED TRANSPORTATION, South La Salle Street, Chicago 3, 111. 2, 1959. Applicant: FEDERAL TRUCK­ Authority sought to operate as a con­ ING COMPANY, Denton Road, Federals- INC., 1215 Bankhead Highway West, P.O, burg, Md. Applicant’s attorney: William Box 2169, Birmingham, Ala. Authority tract carrier, by motor vehicle, over ir­ J. Augello, Jr., 99 Hudson Street, New sought to operate as a common carrier, regular routes, transporting: (1) Brick, York, N.Y. Authority sought to operate by motor vehicle, over irregular routes, cement, hadite blocks, clay tile, wood as a common carrier, by motor vehicle, transporting: Dairy products, from pallets and materials used in the manu­ over irregular routes, transporting. Adams, Chateaugay, Carthage, and Cuba, facture of brick, and empty containers or Alfalfa meal, from points in Williams, N.Y., to Woodbury, Tenn. Applicant is other such incidental facilities (pot spec­ Fulton, Wood, Ottawa, Lucas, Defiance, authorized to conduct operations in all ified) used in transporting the com­ Henry, Erie, Putnam, Hancock, Sepeca, States in the United States except points modities specified in (1) above, between Sandusky, Huron, and Paulding Can­ in Idaho, Montana, Nevada, North Da­ Alton, 111., and Maryland Heights, Mo., ties, Ohio and points in Lenawee, Hills- Wednesday, May 6, 1959 FEDERAL REGISTER 3677 dale, Monroe, Jackson, Washtenaw, and erate as a common carrier, by motor ve­ County, Ala., to points in Hardeman Wayne Counties, Mich., to points in hicle, over irregular routes, transporting: and McNairy Counties, Tenn., and those Delaware, Maryland and Virginia south Bananas, from Tampa, Fla., Charleston, in Alcorn, Tippah and Benton Counties, of the Chesapeake-Delaware Canal and S.C., and New York, N.Y., to Goldsboro, Miss.; (d) from Gulfport and Yazoo east of the Chesapeake Bay, and empty Raleigh, Fayetteville, Burlington, and City, Miss., tfi points in Tennessee west containers or other such incidental facil­ Rocky Mount, N.C. of the Tennessee River, those in Arkan­ ities used in transporting alfalfa meal, sas on and east of U.S. Highway 67 N o t e : The subject application was ten­ on return. dered under section 7 of the Transportation beginning at the Arkansas-Missouri HEARING: June 19, 1959, at the Act of 1958. As it was filed after the statu­ State line, thence to Little Rock, Ark., Offices of the Interstate Commerce Com­ tory date for filing applications under sec­ thence via U.S. Highway 65 to Pine Bluff, mission, Washington, D.C., before Ex­ tion 7 of that Act it will be handled as an thence via U.S. Highway 65 to its junc­ aminer James H. Gaffney. application for authority under the appli­ tion with Arkansas Highway 81, thence No. MC 117425 (Sub No. 5), filed April cable provisions of Part II of the Interstate via Arkansas Highway 81 to the Arkan- 2, 1959. Applicant: FEDERAL TRUCK­ Commerce Act. sas-Louisiana State line, and those in ING COMPANY, Denton Road, Federals- HEARING: June 15, 1959, at the U.S. Missouri on and south of U.S. Highway burg, Md. Applicant’s attorney: William Court Rooms, Tampa, Fla., before Ex­ 62 beginning at the Arkansas-Missouri J. Augello, Jr., 99 Hudson Street, New aminer Richard H. Roberts. State line, thence east to the Mississippi York 13, N.Y. Authority sought to oper­ No. MC 118760, filed March 6, 1959. River. ate as a common carrier, by motor Applicant: JAMES M. BECK AND LEAH HEARING: June 18, 1959, at the vehicle, over irregular routes, transport­ SEEMAN, doing business as B & S Claridge Hotel, Memphis, Tenn., before ing: Frozen foods, from Morgantown, TRANSPORTS, 364 South Front Street, Examiner Isadore Freidson. Pa., and Chadds Ford (Penbury Town­ Memphis, Tenn. Applicant’s attorney: No. MC 118768, filed March 9, 1959. ship), Pa., to points in Arizona, Califor­ Edward G. Grogan, Commerce Title Applicant: CHARLES GREENE, doing nia, New Mexico, Oklahoma, and Texas, - Building, Memphis 3, Tenn. Authority business as GREENE TRANSFER CO., and returned or rejected shipments of sought to operate as a contract carrier, Pineville, Ky. Authority sought to op­ frozen foods, and containers, on return by motor vehicle, over irregular routes, erate' as a common carrier, by motor movement. transporting: (1) Cotton gin and com­ vehicle, over irregular routes, transport­ HEARING: June 18,1959, at the Offices press supplies, used in ginning, baling, ing: Lumber and wood products, from of the Interstate Commerce Commission, compressing or recompressing raw cot­ points in Bell, Clay, Harlan, Knox, and Washington, D.C., before Examiner ton, in mixed or straight truckloads, Leslie Counties, Ky., to points in Georgia, James H. Gaffney. minimum weight 30,000 pounds, (a) Indiana, Illinois, Maryland, North Caro­ No. MC 117894 (Sub No. 1), filed April from Augusta and LaGrange, Ga., New lina, Ohio, Pennsylvania, Tennessee, 22, 1959. Applicant: NATION WIDE Orleans, La., Sumter, S.C., Mobile, Ala., Virginia, and Wisconsin; feed, for dogs, DRIVE-AWAY AGENCIES, INC., 7753 and points in Jefferson County, Ala., to poultry, livestock and other animals and East Garvey Avenue, South San Gabriel, points in Mississippi, those in Tennessee fowls, in sacks, cans or in bulk, from Calif. Authority sought to operate as a west of the Tennessee River, those in Cincinnati, Ohio, and St. Louis, Mo., to common carrier, by motor vehicle, over Arkansas on and east of U.S. Highway points in Bell and Harlan Counties, Ky., irregular routes, - transporting: Used 67 beginning at the Arkansas-Missouri and Wise and Lee Counties, Va.; empty passenger automobiles, in secondary State line, thence to Little Rock, thence soft drink bottles and cans, packed in movements, in driveaway' service, be­ via U.S. Highway 65 to Pine Bluff, thence cases and cartons, from Chattanooga, tween points in California south of the via U.S. Highway 65 to its junction with Tenn., to points in Bell, Harlan and northern boundaries of Santa Barbara, Arkansas Highway 81, thence via Ar­ Whitley Counties, Ky.; fertilizer, in Kern, and San Bernardino Counties and kansas Highway 81 to the Arkansas- packages, bags or in bulk, from Bristol, those in Arizona on the one hand, and, Louisiana State line, those in Missouri Va., to points in Bell, Harlan, Knox, on the other, points in the United States, on and south of U.S. Highway 62 begin­ Laurel, and Whitley Counties, Ky.; oil including Alaska. ning at the Arkansas-Missouri State line, and grease for machinery, motor vehi­ HEARING: June 12, 1959, at the Fed­ thence east to the Mississippi River; (b) cles and heavy equipment, in cans or eral Building, Los Angeles, Calif., before from Gulfport, Miss., to points in Ten­ drums, from Cincinnati, Ohio, to points Examiner F. Roy Linn. nessee west of the Tennessee River, those in Bell, Clay, Harlan, and Whitley Coun­ No. MC 117992 (Sub No. 1), filed in Arkansas on and east of U.S. Highway ties, Ky.; and structural steel and steel March 16, 1959. Applicant: OSCAR ST. 67 beginning at the Arkansas-Missouri sheeting, from Cincinnati, Ohio, and LAURENT, 957 St. Mary Street, New State line, thence to Little Rock, thence Chattanooga, Tenn., to points in Bell, Orleans, La. Authority sought to operate via U.S. Highway 65 to Pine Bluff, thence Clay, Floyd, Harlan, and Leslie Counties, as a common carrier, by motor vehicle, via U.S. Highway 65 to its junction with Ky. over irregular routes, transporting: Arkansas Highway 81, thence via Arkan­ HEARING: June 15, 1959, at the Bananas, in bunches or boxes, from New sas Highway 81 to the Arkansas-Louisi- County Court House, Knoxville, Tenn., Orleans, La., to points in Iowa, Minne­ ana State line, and those in Missouri on before Examiner Isadore Freidson. sota, Michigan, Illinois, and Iowa. and south of U.S. Highway 62 beginning No. MC 118772, filed March 9, 1959. Notek Applicant states on return trips at the Arkansas-Missouri State line, Applicant: DICK MOORE, INCORPO­ applicant proposes to transport agricultural thence east to the Mississippi River; (2) RATED, 1107 Union Avenue, Memphis, products that are exempt. Fertilizer, fertilizer materials, fertilizer Tenn. Applicant’s attorneys: Bullock & compounds (manufactured fertilizers), Bullock, Columbian Mutual Tower, Mem­ HEARING: July 10, 1959, at the Fed- manure, in~straight or mixed truckloads, phis 3, Tenn. Authority sought to oper­ eral Office Building, 600 South Street, feed and feed ingredients, natural or ate as a common carrier, by motor vehi­ New Orleans, La., before Examiner Leo synthetic, animal or poultry, including cle, over irregular routes, transporting: W. Cunningham. basic slag, and grain or grain products House trailers, designed to be drawn by No. MC 118613, filed February 5, 1959. used for feed or feed ingredients, (a) passenger automobiles, or trucks, be­ Applicant: ROBERT D. MACE; Box 77, from Harvey and New Orleans, La., Gulf­ tween points in Shelby County, Tenn., Fairfield, Va. Authority*sought to oper­ port, Miss., Sheffield and Mobile, Ala., and points in Arkansas, Mississippi, Lou­ ate as a contract carrier, by motor ve­ and points in Jefferson County, Ala., to isiana, Alabama, Georgia, Florida, Ken­ hicle, over irregular routes, transporting: points in Shelby, Fayette, Haywood, tucky, Indiana, Ohio, Texas, Tennessee, Bough Lumber, between Buena Vista, Lauderdale Counties, Tenn., and those in Missouri, and Illinois. va., and Knoxville, Tenn., High Point, Mississippi, Craighead, Poinsett, Critten­ ana Winston-Salem, N.C., and- Laurel, HEARING: June 18, 1959, at the Clar­ Md. den, Cross, St. Francis and Lee Coun­ idge Hotel, Memphis, Tenn., before Ex­ ties, Ark.; (b) from Gulfport, Miss., to aminer Isadore Freidson. HEARING: June 9, 1959, at the Hotel points in Shelby, Fayette, Haywood and No. MC 118798, (CORRECTION), filed Patrick Henry, Roanoke, Va., before Ex­ Lauderdale Counties, Tenn., and those aminer Isadore Freidson. March 19, 1959, published issue of F ed­ in Mississippi, Craighead, Poinsett, eral R egister, April 22,1959. Applicant: . MC 118743, filed February 27,1959. Crittenden, Cross, St. Francis and Lee HERBERT H. GRELLNER, Rich Foun­ «PPlieaufc: W. C, BONE, P.O. Box 65, Counties, Ark.; (c) from Harvey, La., tain, Mo. Applicant’s attorney: Joseph oidsboro, N.C. Authority sought to op­ Sheffield, Ala., and points in Jefferson R. Nacy, 117 West High Street, Jefferson 3678 NOTICES City, Mo. Authority sought to operate as Joint Board No. 2, or if the Joint Board INC., 1010 Eye Street NW., Washington, a common carrier, by motor vehicle, over waives its right to participate, before D.C. Applicant’s attorney: S. Harrison irregular routes, transporting: Malt lev­ Examiner Richard H. Roberts. Kahn, 1110-14 Investment Building, erages, from Peoria and Chicago, 111., St. No. MC 118890, filed April 22, 1959. Washington, D.C. Authority sought to Paul, Minn., Milwaukee, Wis., and points Applicant: THAYNE ROBERT OLSON, operate as a common carrier, by motor in the Kansas City, Mo.-Kansas City, doing business as THAYNE R. OLSON, vehicle, over regular routes, transport­ Kans., Commercial Zone, as defined by 6259 West Parkview Drive, Wichita, ing: Passengers and their baggage, in the Commission, to Rolla, Union, Arnold, Kans,/ Applicant’s attorney: James F. special operations, during racing sea­ Jefferson City, and Rich Fountain, Mo., Miller, 500 Board of Trade, 10th and sons, between Washington, D.C., and and empty containers or other such in­ Wyandotte, Kansas City 5, Mo. Author­ Charles Town, W. Va., (1) from Wash­ cidental facilities (not specified) used in ity sought to operate as a common car­ ington to the District of Columbia-Vir- transporting malt beverages on return. rier, by motor vehicle, over irregular ginla boundary line, over city streets and routes, transporting: Oyster shell, in Lincoln Memorial and/or 14th Street N o te: This republication corrects the spelling of the destination point of Rolla, bulk and in bags, from Houston, Tex., to Trans-Potomac bridges; from the Dis­ Mo., incorrectly shown as Tolla, in the pre­ points in Kansas, and empty containers trict of Columbia-Virginia boundary line vious notice. or other such incidental^facilities, used to the intersection of U.S. Highway 50 in transporting the above-described and Virginia Highway 8, over U.S. High­ HEARING: Remains as assigned: June commodities, and refused or rejected way 50; from the intersection of Virginia 19, 1959, at the New Hotel Pickwick, shipments, on return. Highway 7 and U.S. Highway 50 to the Kansas City, Mo., before Examiner James HEARING: July 8, 1959, at the New intersection of Virginia Highways 7 and O’D. Moran. Hotel Pickwick, Kansas City, Mo., before 9 at Leesburg, Va., over Virginia High­ No. MC 118810, filed March 24, 1959. Examiner James H. Gaffney. way 7; from the intersection of Virginia Applicant: E. J. C. FURNITURE DE­ No. MC 118899, filed April 24, 1959. Highways 7 and 9 at Leesburg, Va., to LIVERIES, INC., 50 Carnation Avenue, Applicant: JOHN J. GERMENKO; Charles Town, W. Va., over Virginia Floral Park, N.Y. Applicant’s attorney: GEORGE L HALTER, AND LARRY Highway 9. Return over the same route. Edward M. Alfano, 36 West 44th Street, GERMENKO, doing business as BALTI­ Serving the intermediate point of Falls New York 36, N.Y. Authority sought to MORE TANK LINES, Catonsville Junc­ Church, Va. (2) From Washington, operate as a contract carrier, by motor tion, Catonsville 28, Md. Applicant’s D.C., to Frederick, Md., over U.S. High­ vehicle, over irregular routes, transport­ attorney: James E. Wilson, Perpetual way 240- from Frederick, Md., to Charles ing: Such merchandise as are dealt in Building, 1111 E Street NW., Washing­ Town, W. Va., over U.S. Highway 340. by retail furniture stores, uncrated and ton 4, D.C. Authority sought to operate Return over the same route, serving the crated, from Philadelphia, Pa., to points sis a common carrier, by motor vehicle, intermediate points of Bethesda and in New Jersey and Delaware, and points over irregular routes, transporting: Rockville, Md. Applicant is authorized in Berks, Bucks, Carbon, Chester, Co­ Cement, in bulk, in tank or hopper-type to conduct regular route operations in lumbia, Dauphin, Delaware, Lacka­ vehicles, and in bags, packages, or other Maryland and the District of Columbia, wanna, Lancaster, Lebanon, Lehigh, Lu­ containers, from points in Frederick, and irregular route operations in Dela­ zerne, Monroe, Montgomery, Montour, Carroll, and Washington Counties, Md., ware, Maryland, New Jersey, Pennsyl­ Northampton, Northumberland, Phila­ and points in York County, Pa., to points vania, Virginia; and the District of Co­ delphia, Pike, Schuylkill, Wayne, Wyo­ in Delaware, Maryland, North Carolina, lumbia. ming, and York Counties, Pa., and Pennsylvania, Virginia, West Virginia, HEARING: June 25, 1959, at the returned, exchanged, and rejected mer­ and the District of Columbia, and empty Offices of the Interstate Commerce Com­ chandise of the above-specified com­ containers or other such incidental facili­ mission, Washington, D.C., before Ex­ modities on return. ties (not specified), used in transporting aminer C. Evans Brooks. HEARING: June 3, 1959, at the Penn cement on return movements. No. MC 3647 (Sub No. 251) (REPUB­ Sherwood Hotel, 3900 Chestnut Street, HEARING: June 1, 1959, at 9:30 LICATION), filed February 27, 1959, Philadelphia, Pa., before Examiner Wil­ o’clock a.m., United States standard time published in the F ederal R egister of liam E. Messer. (10:30 o’clock a.m., District of Columbia April 15, 1959. Applicant: PUBLIC No. MC 118841, filed April 1, 1959. daylight saving time) at the Offices of SERVICE COORDINATED TRANS­ Applicant: A. E. WALKER, R.D. 2, Quak- the Interstate Commerce Commission, PORT, a Corporation, 180 Boyden Ave­ ertown, Pa. Applicant’s attorney: Washington, D.C., before Examiner nue, Maplewood, N.J. Applicant’s attor­ Harry J. Liederbach, Street Road and Lawrence A. Van Dyke, Jr., for the pur­ ney: Richard Fryling, Public Service Willow Street, Southampton, Pa. Au­ pose of receiving applicant’s evidence. Coordinated Transport, Law Depart­ thority sought to operate as a common ment, 180 Boyden Avenue. Maplewood, carrier, by motor vehicle, over irregular No. MC 118901, filed April 24r 1959. Applicant: MOLNER TRANSPORT, IN­ N.J. Authority sought to operate as a routes, transporting: Sand, gravel and common carrier, by motor vehicle, over crushed stone, in dump trucks, from CORPORATED, 504 South Kane Street, Baltimore, Md. Applicant’s attorney: regular routes, transporting: Passengers points in Bridgeton Township, Bucks and their baggage, and express and County, Pa., to points in New Jersey, and James E. Wilson, Perpetual Building, 1111 E Street NW., Washington, D.C. newspapers in the same vehicle with pas­ sand, from points in New Jersey to points sengers, (1) between Brick Township, in Bridgeton Township, Bucks County, Authority sought to operate as a common carrier, by motor vehicle, over irregular N.J., and Dover Township, N.J., from Pa. Laurelton Circle, (junction New Jersey HEARING: June 12, 1959, at the routes, transporting: Cement, in bulk, in tank or hopper type vehicles, and in Highways 70 and 88) over New Jersey Offices of the Interstate Commerce Com­ Highway 70 to junction New Jersey mission, Washington, D.C., before Ex­ bags, packages or other containers, from points in Frederick, Carroll, Washing­ Highway 549, thence over New Jersey aminer Robert A. Joyner. Highway 549 to Toms River, and return No. MC 118852, filed March 27, 1959. ton Counties, Md., and York County, Pa., Applicant: J. T. SUGG, Main Street, to points in Delaware, Maryland, North over the same route, serving all interme­ Ellerbe, N.C. Applicant’s attorney: J. Carolina, Pennsylvania, Virginia, West diate points. (2) Within Brick Town­ Elsie Webb, Watson Building, Rocking­ Virginia, and the District of Columbia, ship, N.J., from junction Garden State ham, N.C. Authority sought to operate and empty containers or other such inci­ Parkway at Interchange #90 over New as a common carrier, by motor vehicle, dental facilities (not specified), used in Jersey Highway 549 to junction New Jer­ over irregular routes, transporting: Fer­ transporting the above-described com­ sey Highway 70, and return over the same modities, on return. route, serving all intermediate points. tilizer, and nitrate of soda, from Charles­ (3) Within Dover Township, N.J., fro“ ton, S.C., to points in Richmond, Mont­ HEARING: June 2,1959, at the Offices of the Interstate Commerce Commission, junction New Jersey Highway 549 ana gomery and Moore Counties, N.C., and Washington, D.C., before Examiner Green Island Road over Green Islana empty containers or other such inciden­ Lawrence A. Van Dyke, Jr., for the pur­ Road to Green Island, and return over tal facilities (not specified) used in pose of receiving applicant’s evidence. the same route, serving all intermediate transporting the commodities specified points. Applicant is authorized to con­ in this application, on return. MOTOR CARRIERS OF PASSENGERS duct operations in New Jersey, New HEARING: June 10, 1959, at the U.S. No. MC 453 (Sub No. 14), filed April York, Pennsylvania, ''■Virginia, and tn Court Rooms, Charlotte, N.C., before 17, 1959. Applicant: THE GRAY LINE, nist.rict of flnlmnhia. Wednesday, May 6, 1959 FEDERAL REGISTER 3679 HEARING: Remains as assigned May Street, New York, N.Y., before Examiner Washington National Airport via exist­ 19.1959, at the New Jersey Board of Pub­ Allen W. Hagerty. ing roadways within the Washington lic Utility Commissioners, State Office National Airport to their intersection Building, Raymond Boulevard, Newark, Applications for B rokerage Licenses with the Mount Vernon Memorial Boule­ N.J., before Joint Board No. 119. MOTOR CARRIER OF PASSENGERS vard, thence north on the Mount Vernon No. MC 3647 (Sub No. 256), (REPUB­ No. MC 12694 (CORRECTION), filed Memorial Boulevard to its intersection LICATION), filed March 17, 1959, pub­ February 25, 1959, published at Page with U.S. Highway 1, thence south on lished issue of April 15,1959. Applicant: 2891, issue of April 15, 1959. Applicant: U.S. Highway 1 to its intersection with PUBLIC SERVICE COORDINATED FRANK H. ALBRIGHT, doing business Virginia Highway 350, thence via Vir­ TRANSPORT, A Corporation, 180 Boy- as MOUNTAIN VIEW TOURS, Ely ginia Highway 350 to its intersection with den Avenue, Maplewood, N.J. Appli­ Street, Coxsackie, N.Y. Applicant’s at­ connecting route to Columbia Pike; cant’s attorney: Richard Fry ling, Law torney: James F. X. O’Brien,v 17 Acad­ thence via Columbia Pike to its intersec­ Department, 180 Boyden Avenue, Maple­ emy Street, Newark 2, N.J. Authority tion with Virginia Highway 236, thence wood, N.J. Authority sought to operate sought to operate as a broker (BMC 5) via Virginia Highway 236 to its inter­ as a common carrier, by motor vehicle, at Coxsackie and Albany, N.Y., in ar­ section with U.S. Highway 50, thence via over irregular routes, transporting: Pas­ ranging for transportation in interstate U.S. Highway 50 to its intersection with sengers and their baggage, in the same or foreign commerce, by motor vehicle Virginia Highway 607, thence via Vir­ vehicle with passengers, in one-way and of: Passengers and their baggage, be­ ginia Highway 607 to its intersection with round-trip charter operations, beginning tween Coxsackie, N.Y., and points within access roads to the Washington Interna­ and ending at points in Nassau and Suf­ 35 miles thereof, on the one hand, and, tional Airport, thence via access roads to folk Counties, Long Island, NYV, and ex­ on the other, points in the United States. the Administration Building, and return tending to points in Maine, Vermont, over the same route, serving no inter­ New Hampshire, Massachusetts, Con­ N o te: Applicant states it is the President and Director and principal stockholder of mediate points. (3) Between Washing­ necticut, Rhode Island, New York, New M ountain View Coach Lines, Inc., Coxsackie, ton National Airport, Gravelly Point, Jersey, Pennsylvania, Maryland, Dela­ N.Y., a common carrier of passengers, Cer­ Arlington, Va., and Washington Inter­ ware, Virginia, West Virginia, North tificate MC 47495 and sub number there­ national Airport, Chantilly, Fairfax- Carolina, South Carolina, Georgia, Flor­ u n d e r. Loudoun Counties, Va., from the Admin­ ida, Alabama, Mississippi, Louisiana, istration Building, Washington National Tennessee, Kentucky, Missouri, Ohio, HEARING: Remains as assigned, May Airport, via existing highways within Indiana, Illinois, Michigan, and the 20,1959, at the Federal Building, Albany, N.Y., before Examiner Donald R. Suther­ the Washington National Airport, to District of Columbia. Applicant is au­ land. their intersection with Mount Vernon thorized to conduct operations in Con­ Memorial Boulevard, thence via the necticut, Delaware, Maine, Maryland, M otor Carriers of Passengers Mount Vernon Memorial Bouelvard to Massachusetts, New Hampshire, New its intersection with U.S. Highway 50, Jersey, New York, Pennsylvania, Rhode PRE-HEARING CONFERENCE thence via U.S. Highway 50 to its inter­ Island, Vermont, Virginia, and the Dis­ THE FOLLOWING APPLICATIONS section with Virginia Highway 607, trict of Columbia. ARE ASSIGNED FOR PRE-HEARING thence via Virginia Highway 607 to its HEARING: Reassigned June 8,1959, at CONFERENCE: June 8, 1959, at the Of­ intersection with access roads to the the U.S. Army Reserve Building, 30 West fices of the Interstate Commerce Com­ Washington International Airport, 44th Street, New York, N.Y., before Ex­ mission, Washington, D.C., with Exami­ thence via access roads to the Adminis­ aminer Allen W. Hagerty. ner James C. Cheselding, presiding. tration Building, and return over the No. MC 108570 (Sub No. 1), filed April No. MC 1800 (Sub No. 24), filed Jan­ same route, serving no intermediate 16.1959. Applicant: LITTEN & LITTEN uary 5, 1959. Applicant: ALEXANDRIA, points. (4) Between Washington, D.C., MOTOR LINES, INC., Box 128, Knox­ BARCROFT WASHINGTON TRANSIT and the Washington National Airport, ville, Md. Authority sought to operate COMPANY, doing business as A.B. & W. Gravelly Point, Arlington, Va., and as a common carrier, by motor vehicle, TRANSIT CO., 600 North Royal Street, Washington International Airport, over irregular routes, transporting: Pas­ Alexandria, Va. Applicant’s attorney: Chantilly, Fairfax-Loudoun Counties, sengers and their baggage, in charter op­ S. Harrison Kahn, 726-34 Investment Va., (a) from Washington, D.C., via city erations, beginning and ending at Bruns­ Building, Washington, D.C. Authority streets to the Fourteenth Street Bridge wick, Md., and points within 20 miles sought to operate as a common carrier, to its intersection with U.S. Highway 1, thereof and extending to points in by motor vehicle, over regular routes, thence via U.S. Highway 1 to its inter­ Pennsylvania, New Jersey, Maryland, transporting: Passengers and their bag­ section with connecting route to Colum­ Virginia, West Virginia, and the District gage, and express, newspapers, and mail bia Pike, thence via Columbia Pike to its of Columbia. Applicant is presently au­ in the same vehicle with passengers, (1) intersection with Virginia Highway 236, thorized to transport passengers and between Washington National Airport, thence via Virginia Highway 236 to its their baggage, in charter operations, be­ Gravelly Point, Arlington, Va., and intersection with U.S. Highway 50, ginning and ending at Brunswick, Md., Washington International Airport, thence via U.S. Highway 50 to its inter­ and extending to points in the above Chantilly, Fairfax-Loudoun Counties, section with Virginia Highway 607, States. Va., from the Administration Building, thence via' Virginia Highway 607 to its Note: Duplication should be eliminated. Washington National Airport via access intersection with access roads to the roads to the Mount Vernon Memorial HEARING: June 24, 1959, at the Of­ Washington International Airport, fices of the Interstate Commerce Com­ Boulevard, thence south on Mount Ver­ thence via access roads to the Admin­ mission, Washington, D.C., before Ex­ non Memorial Boulevard to Alexandria, istration Building, and return over the aminer Richard H. Roberts. Va., thence via city streets in Alexandria same route, serving no intermediate No. MC 113430 (Sub No. 6), filed April to the intersection with Virginia High­ points, (b) from Washington, D.C., via <¡7, 1959. Applicant: R. & H. BUS CO., way 236, thence via Virginia Highway 236 existing streets to Lincoln Memorial DiC., 70 Florence Street, East Hartford, to its intersection with U.S. Highway 50, Bridge, thence via Lincoln Memorial Conn. Authority sought to operate as a thence via U.S. Highway 50 to its inter­ Bridge to its intersection with Mount common carrier, by motor vehicle, over section with Virginia Highway 607, Vernon Memorial Boulevard,^thence via irregular routes, transporting: Passen­ thence via Virginia Highway 607 to its Mount Vernon Memorial Boulevard to gers and their baggage, in the same ve­ intersection with access roads to the its intersection with U.S. Highway 50, hicle with passengers, in one-way and Washington International Airport, thence via U.S. Highway 50 to its inter­ round-trip charter operations, from thence via access roads to the Adminis­ section with Virginia Highway 607, Points in Nassau and Suffolk Counties, tration Building, and return over the thence via Virginia Highway 607 to its «•Y., to points in the United States, in­ same, serving no intermediate points. intersection with access roads to the cluding points in Alaska, and return. (2) Between Washington National Air­ Washington- International Airport, Applicant is authorized to conduct op­ port, Gravelly Point, Arlington, and thence via access roads to the Adminis­ erations in Connecticut and New York. Washington International Airport, tration Building, and return over the HEARING: June 8, 1959, at the U.S. Chantilly, Fairfax-Loudoun Counties, same route, serving no intermediate Army Reserve Building, 30 West 44th Va., from the Administration Building, points, and (c) from Washington, D.C., No. 88---- 8 * 3680 NOTICES via existing streets to Trans-Potomac struction), thence over the three (3) over access roads to junction with Bridges, thence via Trans-Potomac bridges to their junction with access George Washington Memorial Parkway, Bridges to access roads to Interstate roads connecting the three (3) bridges thence over George Washington Memo­ Route 66, thence via Interstate Route 66 with Interstate Route 66, thence oyer ac­ rial Parkway to its junction with Inter­ to its intersection with Chantilly Airport cess roads to junction with Interstate state Route 66, thence over Interstate Super Highway, thence via Chantilly Route 66, thence over Interstate Route Route 66 to its junction with U.S. High­ Airport Super Highway to the Washing­ 66 to its junction with U.S. Highway 50, way 50, thepce over U.S. Highway 50 to ton International Airport, thence via ac­ thence over U.S. Highway 50 to its junc­ its junction with Virginia Highway 607, cess roads to the Administration Build­ tion with Virginia Highway 607, .thence thence over Virginia Highway 607 to its ing, and return over the same route, over Virginia Highway 607 to its junc­ junction with access roads to Chantilly serving no intermediate points. Appli­ tion with access roads to Chantilly In­ International Airport, thence over access cant is authorized to conduct operations ternational Airport, thence over access roads to Administration Building, and in Virginia and the District of Columbia. roads to Administration Building, and return over the same route, serving no No. MC 68167 (Sub No. 34), filed Jan­ return over the same route, serving no intermediate points. Applicant is au­ uary 26, 1959. Applicant: WASHING­ intermediate points; (2) between Wash­ thorized to conduct operations in Vir­ TON, VIRGINIA AND MARYLAND ington, D.C., and the Washington Na­ ginia, Maryland and the District of COACH COMPANY, INC., 707 North tional Airport, Gravelly Point, Arlington, Columbia. Randolph Street, Arlington, Va. Au­ Va., and Chantilly International Air­ No. MC 75289 (Sub No. 16), filed thority sought to operate as a common port, Chantilly, Fairfax-Loudoun Coun­ January 13, 1959. Applicant: D. C. carrier, by motor vehicle, over regular ties, Va., from Washington, D.C., over TRANSIT SYSTEM, INC., 3600 M Street routes, transporting: Passengers and city streets to Fourteenth Street Bridge NW., Washington 7, D.C. Applicant’s their baggage, and newspapers, express and Arlington Memorial Bridge, thence attorneys: Harvey M. Spear and John and mail in the same vehicle with over the two (2) bridges to their junc­ R. Sims, Jr., same address as applicant. passengers, (1) between Washington, tion with George Washington Memorial Authority sought to operate as a com­ D.C., and the Chantilly International Parkway, thence over George Washing­ mon carrier, by motor vehicle, over Airport, Chantilly, Fairfax-Loudoun ton Memorial Parkway to its junction regular routes, transporting: Passengers Counties, Va., (a) from Washington, with Washington National Airport access and their baggage, and express and news­ D.C., over city streets to. Arlington roads, thence over access roads to the papers, in the same vehicle with passen­ Memorial Bridge, thence over Arlington Administration Building, and return gers, (1) between Washington National Memorial Bridge to its junction with over the same route, serving no inter­ Airport, Gravelly Point, Arlington, Va., George Washington Memorial Parkway, mediate points; (3) between Washing­ and Washington International Airport, thence over George Washington Memo­ ton National Airport, Gravelly Point, Chantilly Fairfax-Loudoun Counties, rial Parkway to its junction with U .S. Arlington, Va., and Chantilly Interna­ Va., (a) from the Administration Build­ Highway 50, thence over U.S. Highway tional Airport, Chantilly, Fairfax-Lou­ ing, Washington National Airport, via 50 to its junction with Virginia Highway doun Counties, Va., (a) from the Admin­ existing roads within the Washington 607, thence over Virginia Highway 607 istration Building, Washington National National Airport to their intersection to its junction with access roads to the Airport, over access roads to junction with Mount Vernon Memorial Boulevard, Chantilly International Airport, thence with George Washington Memorial thence north on Mount Vernon Memorial over access roads to the Administration Parkway, thence over George Washing­ Boulevard to its intersection with U.S. Building, and return over the same route, ton Memorial Parkway to its junction Highway 1, thence south on U.S. High­ serving no intermediate points; (b) with U.S. Highway 50, thence over U.S. way 1 to its intersection with Virginia from Washington, D.C., over city streets Highway 50 to its junction with Virginia Highway 350, thence via U.S. Highway to Arlington Memorial Bridge, Key Highway 607, thence over Virginia High­ 350 to its intersection with Washington Bridge, and Constitution Avenue Bridge way 607 to its junction with access roads Boulevard, thence via Washington Bou­ (under construction), thence over the to the Chantilly International Airport, levard to its intersection with U.S. High­ three (3) bridges to their junction with thence over access roads to the Adminis­ way 50, thence via U.S. Highway 50 to access roads connecting the three (3) tration Building, and return over the its intersection with Virginia Highway bridges with Interstate Route 66, thence same route, serving no intermediate 607, thence via Virginia Highway 607 to over access roads to junction with In­ points; (b) from the Administration its intersection with access roads to terstate Route 66, thence over Interstate Building, Washington National Airport, the Washington International Airport, Route 66 to its junction with Chantilly over access roads to junction with thence via access roads to the Admin­ International Airport Express Highway, George Washington Memorial Parkway, istration Building, and return over the thence over Chantilly International Air­ thence over George Washington Memo­ same route, serving no intermediate port Express Highway to the Chantilly rial Parkway to its junction with Inter­ points; (b) from the Administration International Airport access roads, state Route 66, thence over Interstate Building, Washington National Airport thence over access roads to the Admin­ Route 66 to its junction with Chantilly via existing roads within the Washington istration Building, and return over the International Airport Express High­ National Airport to their intersection same route, Serving no intermediate way, thence over Chantilly International with Mount Vernon Memorial Boulevard, points; (c) from Washington, D.C., over Airport Express Highway to the Chan­ thence via Mount Vernon Memorial Bou­ city streets to I4th Street Bridge, Arling­ tilly International Airport access roads, levard to its intersection with U.S. ton Memorial Bridge, Key Bridge, and 'thence over access roads to the Admin­ Highway 50, thence via U.S. Highway 50 Constitution Avenue Bridge (under istration Building, and return over the to its intersection with Virginia High­ construction), thence over the four (4) same route, serving no intermediate way 607, thence via Virginia Highway bridges to their junction with George points; (c) from the Administration 607 to its intersection with access roads Washington Memorial Parkway, thence Building, Washington National Airport, to the Washington International Airport, over George Washington Memorial over access roads to junction with thence via access roads to the Admin­ George Washington Memorial Parkway, istration Building, and return over the Parkway to its junction with Virginia same route, serving no intermediate Highway 123, thence over Virginia High­ thence over George Washington Memo­ way 123 to its junction with Chantilly rial Parkway to its junction with Vir­ points; (2) between Washington, U.C., ginia Highway 123, thence over Virginia and the Washington National Airport, International Airport Express Highway, Gravelly Point, Arlington, Va., an~ thence over Chantilly International Air­ Highway 123 to its junction with Chan­ Washington International Airport, port Express Highway to its junction tilly International Airport Express High­ Chantilly, Fairfax-Loudoun Counties, with access roads to the Chantilly Inter­ way, thence over Chantilly International Va., (a) from Washington, D.C. over city national Airport, thence over access Airport Express Highway to the Chan­ streets to the 14th Street Bridge, thence roads to the Administration Building, tilly International Airport access roads, via the 14th Street Bridge to its inter­ and return over the same route, serving thence over access roads to the Admin­ section with U.S. Highway 1, thence via no intermediate points; (d) from Wash­ istration Building, and return over the U.S. Highway 1 to its intersection witn ington, D.C., over city streets to Arling­ same route, serving no intermediate Virginia Highway 350, thence over vn> ton Memorial Bridge, Key Bridge and points; (d) from the Administration ginia Highway 350 to its intersection Constitution Avenue Bridge (under con­ Building, Washington National Airport, with Washington Boulevard, thence over Wednesday, May 6, 1959 FEDERAL REGISTER 3681 Washington Boulevard to its intersection Mount Vernon Memorial Highway to its port, Chantilly, Fairfax-Loudoun Coun­ with U.S. Highway 50, thence via U.S. intersection with U.S. Highway 50, at ties, Va., as follows: from Washington, Highway 50 to its intersection with Vir­ or near the south end of the Memorial D.C., via Chain Bridge to its intersection ginia Highway 607, thence via Virginia Bridge, thence via U.S. Highway 50, to with Virginia Highway 123 at or near Highway 607 to its intersection with its intersection with Virginia Highway the southern entrance to said bridge, access roads to the Washington Inter­ 607, thence via Virginia Highway 607 to thence via Virginia Highway 123 to its national Airport, thence via access roads its intersection with access roads leading junction with U.S. Highway 50 and Vir­ to the Administration Building, and into the Washington International Air­ ginia Highway 236, at or near German­ return over the same route, serving no port and thence via access roads to the town, Va., thence via U.S. Highway 50 intermediate points; (b) from Washing­ Administration Buildings, and return to its intersection with Virginia High­ ton, D.C. via existing streets to the over the same route, serving, no inter­ way 607, thence via Virginia Highway Lincoln Memorial Bridge, thence via mediate points; (3) between Washing­ 607 to its intersection with access roads Lincoln Memorial Bridge to its intersec­ ton, D.C., and the Washington Interna­ leading into the Washington Interna­ tion with Mount Vernon Memorial Bou­ tional Airport, Chantilly, Fairfax- tional Airport and thence via access levard to its intersection with U.S. High­ Loudoun Counties, Va., as follows: from roads to the Administration Buildings, way 50, thence via U.S. Highway 50 to Washington, D.C., via the 14th Street and return over the same route, serving its intersection with Virginia Highway Bridge to its intersection with U.S. High­ no intermediate points. Applicant is 607, thence via Virginia Highway 607 to way 1, thence via U.S. Highway 1 to its authorized to conduct operations in its intersection with access roads to the intersection with Virginia Highway 350, Maryland, Virginia, and the District of Washington International Airport, thence via Virginia Highway 350 to its Columbia. thence via access roads to the Admin­ intersection with Washington Boulevard, At the pre-hearing conference it is istration Building, and return over the thence via Washington Boulevard to its contemplated that the following matters same route, serving no intermediate intersection with U.S. Highway 50, will be discussed: (1) The issues gener­ points; (c) from Washington, D.C., over thence via U.S. Highway 50 to its inter­ ally with a view to their simplification; city streets to Trans-Potomac Bridges, section with Virginia Highway 607, (2) The possibility and desirability of thence via Trans-Potomac Bridges to thence via Virginia Highway 607 to its agreeing upon special procedure to ex­ access roads to Interstate Route 66, intersection with access roads leading pedite and control the handling of this thence via Interstate Route 66 to its into the Washington International Air­ application, including the submission of intersection with Chantilly Airport port and thence via access roads to the the supporting and opposing shipper Superhighway, thence via Chantilly Air­ Administration Buildings, and return testimony by verified statements; (3) port Superhighway to the Washington over the same route, serving no inter­ The time and place or places of such International Airport, thence via access mediate points; (4) between Washing­ hearing or hearings as may be agreed roads to the Administration Building, ton, D.C., and the Washington Inter­ upon; (4) The number of witnesses to and return over the same route, serving national Airport, Chantilly, Fairfax- be presented and the time required for no intermediate points. Applicant is Loudoun Counties, Va., as follows: from such presentations by both applicant and authorized to conduct operations in Vir­ Washington, D.C., via the Lincoln Me­ protestants; (5) The practicability of ginia, Maryland, and the District of morial Bridge to its intersection with the both applicant and the opposing carriers Columbia. Mount Vernon Memorial Highway, submitting in written form their direct No. MC 103113 (Sub No. 1), filed thence via the Mount Vernon Memorial testimony with respect to: (a) Their March 9, 1959. Applicant; AIRPORT Highway to its intersection with U.S. present operating authority* (b) Their T R A N SPORT, INCORPORATED, Highway 50, thence via U.S. Highway corporate organizations if any, owner­ Washington National Airport, Adminis­ 50 to its intersection with Virginia High­ ship and control, (c) Their fiscal data, tration Building, Room 294, Washington, way 607, thence via Virginia Highway (d) Their equipment, terminals, and D.C. Applicant’s attorney: L. C. Major, 607 to its intersection with access roads other facilities; (6) The practicability Jr., 2001 Massachusetts Avenue NW., leading into the Washington Interna­ and desirability of all parties exchang­ Washington 6, D.C. Authority sought to tional Airport and thence via access ing exhibits covering the immediately operate as a common carrier, by motor roads to the Administration Buildings, above-listed matters in advance of any vehicle, over regular routes, transport­ and return over the same route, serving hearing; and (7) Any other matters by ing; Passengers and their baggage, and no intermediate points; (5) between which the hearing can be expedited or express and newspapers in the same ve­ Washington, D.C., and the Washington simplified or the Commission’s handling hicle with passengers, (1) between the International Airport, Chantilly, Fair­ thereof aided. Washington National Airport, Gravelly fax-Loudoun Counties, Va., as follows: Point, Arlington, Va., and the Washing­ from Washington, D.C., via Key Bridge A pplications i n W h ic h H a n d l in g W i t h ­ ton International Airport, Chantilly, to its intersection with U.S. Highways o u t O ral H ea r in g I s R e q u e st e d Pairfax-Loudoun Counties, Va., as fol­ 29 and 211 at the southern entrance MOTOR CARRIERS OF PROPERTY lows: from the Washington National thereto, thence west on U.S. Highways Airport northward via the Mount Vernon 29 and 211 to their intersection with U.S. No. MC 730 (Sub No. 144), filed April Memorial Highway to its intersection Highway 50, thence via U.S. Highway 27, 1959. Applicant: PACIFIC INTER­ with U.S. Highway 1 at or near the south 50 to its intersection with Virginia High­ MOUNTAIN EXPRESS CO., a Corpora­ end of the 14th Street Bridge, thence via way 607, and thence via Virginia High­ tion, 1417 Clay Street, Oakland, Calif. U.S. Highway 1 to its intersection with way 602. to its intersection with access Authority sought to operate as a common Virginia Highway 350, thence via Vir­ roads leading into the Washington In­ carrier, by motor vehicle, over regular ginia Highway 350 to its intersection ternational Airport and thence via access routes, transporting: General commodi­ with Washington Boulevard, thence via roads to the Administration Buildings, ties, except those of unusual value, Class Washington Boulevard to its intersec- and return over the same route, serving A and B explosives, livestock, commodi­ tion with U.S. Highway 50, thence via no intermediate points; (6) between ties in bulk, and those requiring special u.S. Highway 50 to its intersection with Washington, D.C., and the Washington equipment, between Kearney, Nebr., and Virginia Highway 607, thence via Vir- International Airport, Chantilly, Fair­ Belleville, Kans., as an alternate route Highway 607 to its intersection fax-Loudoun Counties, Va., as follows: for operating convenience only: from with access roads leading into the Wash­ from Washington, D.C., via Trans- Kearney over Nebraska Highway 10, ap­ ington International Airport and thence Potomac Bridge, thence via access roads proximately four (4) miles, to junction via access roads to the Administration to Interstate Route 66, thence via Inter­ Nebraska Highway 44, thence over Ne­ •Buildings and return over the same state Route 66 to its intersection with braska Highway 44 to junction U.S. route, serving no intermediate points; the Chantilly Airport Super Highway to Highway 6, thence east over U.S. High­ (2) between the Washington National the Washington International Airport, way 6 to junction Nebraska Highway 14, Airport, Gravelly Point, Arlington, Va., thence over Nebraska Highway 14 to and thence via access roads to the Ad­ junction Nebraska Highway 3, thence and the Washington International Air­ ministration Buildings, and return over east over Nebraska Highway 3 to junc­ port, Chantilly, Fairfax-Loudoun Coun­ the -same route, serving no intermediate tion U.S. Highway 81, and thence south ties, Va., as followsy from the Washing­ points; (7) between Washington, D.C., over U.S. Highway 81 to Belleville, and ton National Airport northward via the and the Washington International-Air - return over the same route, serving no 3682 NOTICES intermediate points, and with service at by motor vehicle, over an alternate route, fornia, Nebraska, Nevada, North Da­ the termini points for purpose of joinder transporting: General commodities, be­ kota, Montana, Idaho, Maine, New only with applicant’s otherwise author­ tween Louisburg, N.C., and Henderson, Hampshire, Vermont, Massachusetts, ized regular routes. Applicant is author­ N.C., from Louisburg over North Caro­ Rhode Island, Connecticut, New Jersey, ized to conduct operations in Arizona, lina Highway 39 to Henderson, and re­ New York, Delaware, Maryland, Michi­ California, Colorado, Idaho, Illinois, In­ turn over the same route, serving no gan, Ohio, Pennsylvania, Virginia, West diana, Kansas, Missouri, Montana, Ne­ intermediate points, as an alternate Virginia, and the District of Columbia. vada, Oregon, Utah, Washington, and route for operating convenience only, in No. MC 116886 (Sub No. 4) , filed April Wyoming. connection with applicant’s authorized 24, 1959. Applicant: HOWELL’S No. MC 9140 (Sub No. 8), filed April regular route operations between Heh- MOTOR FREIGHT, INCORPORATED, 20, 1959. Applicant: W. DON MAURER, derson and Raleigh, N.C., and between 1719 South Jefferson Street, Roanoke, doing business as DON MAURER Franklinton and Louisburg, N.C. Appli­ Va. Applicant’s attorney: R. R. Rush, TRUCK LINE, 523 First Avenue East, cant's authorized to conduct operations 511 Boxley Building, Roanoke, Va. Au­ Spencer, Iowa. Applicant’s attorney: in Alabama, Georgia, North Carolina, thority sought to operate as a common Wallace W. Huff, 310-314 Security Bank South Carolina, and Virginia. carrier, by motor vehicle, over irregular Building, Sioux City 1, Iowa. Authority No. MC 105559 (Sub No. 4), filed April routes, transporting: Meat, meat prod­ sought to operate as a common carrier, 24,1959. Applicant: M. E. SMITH, doing ucts, and meat by-products, dairy prod­ by motor vehicle, over irregular routes, business as RELIABLE TRANSPORTA­ ucts, and articles distributed by meat transporting: Agricultural machinery TION COMPANY, 231 North Madison packing houses, as defined by the Com­ and parts, implements and parts, farm Avenue, Ottumwa, Iowa. Applicant’s mission, between Asheville, N.C., and machinery and parts, as described in representative: Kenneth F. Dudley, 106 points in North Carolina, Tennessee, and Appendix XU to Descriptions in Motor North Court Street, P.O. Box 557, South Carolina within fifty (50) miles of Carrier Certificates, 61 M.C.C. 209, from Ottumwa, Iowa. Authority sought to op­ Asheville. Applicant is authorized to West Bend, Wis., to points in that part erate as a contract carrier, by motor conduct operations in Virginia, North of Iowa on and west of U.S. Highway 65 vehicle, over irregular routes, transport­ Carolina, South Carolina, and Tennessee. and on and north of U.S. Highway 30. ing : Frozen animal food, from Ottumwa, No. MC 118875, filed April 16, 1959. Applicant is authorized to conduct op­ Iowa, to points in Wisconsin north of Applicant: J. M. KELLEY, doing busi­ erations in Illinois, Iowa, Minnesota, Wisconsin Highway 64, and points in the ness as J. M. KELLEY TRUCKING, P.O. Nebraska, South Dakota, and Wisconsin. northern peninsula of Michigan. Ap­ Box 94, Stigler, Okla. Applicant’s at­ plicant is authorized to conduct contract torney: John C. Buckingham, Oklahoma Note: Any duplication with present au­ carrier operations over regular routes in Corporation Commission, Oklahoma thority to be eliminated. Illinois, Indiana, and Iowa, and over ir­ City 5, Okla. Authority sought to op­ No. MC 64828 (Sub No. 10), filed April regular routes in Illinois, Iowa, and Wis­ erate as a contract carrier, by motor ve­ 24, 1959. Applicant: JOHN J. GART- consin. hicle, over irregular routes, transport­ LAND, doing business as GARTLAND ing: Salt, feed, fertilizer, cottonseed Note: Applicant holds common carrier MOTOR LINES, 44 Tulip Street, Pough­ authority in No. MC 111997 and sub numbers meal, cottonseed cake, soybean oil, soy­ keepsie, N.Y. Applicant’s attorney: Ed­ thereunder. Section 210, dual operations, bean meal, soybean cake, and cottonseed ward J. Murtaugh, 25 Market Street, may be involved. oil, from Ft. Smith, Ark., to points in Poughkeepsie, N.Y." Authority sought to Oklahoma and Texas; and salt and fer­ operate as a common carrier, by motor No. MC 109637 (Sub No. 121), filed tilizer ingredients, cotton and cotton­ vehicle, transporting: Meats, meat prod­ April 23, 1959. Applicant: SOUTHERN seed, on return. ucts, and meat byproducts, dairy prod­ TANK LINES, INC., 4107 Bells Lane, No. MC 118894 (fSub No. 1), filed April ucts, and articles distributed by meat­ Louisville 11, Ky. Authority sought to 27, 1959. Applicant: MATERIALS packing houses, as described in Appendix operate as a common carrier, by motor TRANSPORT, INC., 2702 First Avenue, I to the report in Descriptions in Motor vehicle, over irregular routes, transport­ North, Fargo, N. Dak. Applicant’s at­ Carrier Certificates, 61 M.C.C. 209 and ing: Resin solvents, in bulk, in tank ve­ torney: John S. Whittlesey, 321 Gate 61 M.C.C. 766, serving Middletown and hicles, from Midland, Mich., to Birming­ City Building, Fargo, N. Dak. Authority Monticello, N.Y., as off-route points in ham, Ala., Jacksonville, Fla., Memphis, sought to operate as a common carrier, connection with applicant’s authorized Tenn., and St. Louis, Mo., and empty by motor vehicle, over irregular routes, regular route operations between Pough­ containers or other such incidental facil­ transporting: Sand, gravel> black dirt, keepsie and Newburgh, N.Y., and from ities, used in transporting the above- earth fill, crushed rock, and other mate­ Poughkeepsie to Wallkill and Maybrook, described commodities, on return. Ap­ rials ordinarily transported in dump N.Y. Applicant is authorized to conduct plicant is authorized to conduct opera­ trucks, and ready-mixed concrete, be­ operations in New York. tions in Alabama, California, Florida, tween points in Cass, Barnes, Stutsman, No. MC 65802 (Sub No. 15), filed April Illinois, Indiana, Iowa, Kansas, Ken­ Foster, Eddy, Griggs, Steele, Traill, Nel­ 20, 1959. Applicant: LYNDEN TRANS­ tucky, Louisiana, Michigan, Minnesota, son, Grand Forks, Walsh, LaMoure, FER, INC., P.O. Box 433, Lynden, Wash. Mississippi, Missouri, New York, North Dickey, Ransom, Sargent, and Richland Applicant’s attorney: James T. Johnson, Carolina,' Ohio, South Carolina, Ten­ Counties, N. Dak., and points in Clay, 1111 Northern Life Tower, Seattle 1, nessee, Texas, Virginia, West Virginia, Becker, Hubbard, Beltrami, Clearwater, Wash. Authority sought to operate as and Wisconsin. Pennington, Red Lake, Marshall, Polk, a common carrier, by motor vehicle, No. MC 111812 (Sub No. 75), filed April Norman, Wadena, Wilkin, Traverse, Big over irregular routes, transporting: Gen­ 23, 1959. Applicant: MIDWEST COAST Stone, Stevens, Grant, Pope, Douglas, eral commodities, including Class A and TRANSPORT, INC., P.O. Box 747, Wilson Todd, Otter Tail, and Mahnomen Coun­ B explosives, commodities in bulk and Terminal Building, Sioux Falls, S. Dak. ties, Minn. those requiring special equipment, but Applicant’s attorney: Donald Stern, 924 MOTOR CARRIERS OP PASSENGERS excluding commodities of unusual value City National Bank Building, Omaha, and household goods as defined by the Nebr. Authority sought to operate as a No. MC 13300 (Sub No. 63), filed Commission, between points in Washing­ common carrier, by motor vehicle, over April 21, 1959. Applicant: CAROLINA ton and points in Alaska. Applicant is irregular routes, transporting: Meats, COACH COMPANY, a Corporation, 1201 authorized to conduct operations in packing house products, and commodi­ South Blount Street, Raleigh, N.C. Ap­ Idaho and Washington. ties used by packing houses, as described plicant’s attorney: James E. Wilson, No. MC 86687 (Sub No. 51), filed April in Appendix I to the report in Descrip­ Perpetual Building, 1111 E Street NW.. tions in Motor Carrier Certificates, 61 Washington 4, D.C. Authority sought 27, 1959. Applicant: SEABOARD AIR M.C.C. 209, 766, from Ports of Entry on to operate as a common carrier, by motor LINE RAILROAD COMPANY, a Corpo­ the boundary between the United States vehicle, over a regular route, transport­ ration, 3600 West Broad Street, Rich­ and Canada in Minnesota and North ing: Passengers and their baggage, and mond, Va. Applicant’s attorney:" Rich­ Dakota, to points in California, Idaho, express and newspapers in the same ard A. Hollander, Law Department, Nevada, Oregon and Washington. Ap­ vehicle with passengers, in seasonal op­ Seaboard Air Line Railroad Company plicant is authorized to conduct opera­ erations between approximately May (same address as applicant). Authority tions in South Dakota, Washington, 25th and approximately September 15th, sought to operate as a common carrier, Oregon, Minnesota, Iowa, Utah, Cali­ inclusive, of each year, between Denton, Wednesday, May 6, 1959 FEDERAL REGISTER 3683 Md., and junction Maryland Highway way 292 to the Chemstrand plant site 8, Wash., and for acquisition by CLAR­ 589 and U.S. Highway 50, from Denton near Gonzales, and return over the same ENCE KISSEL, CLARENCE KISSEL, over Maryland Highway 404 to the Mary- route, serving all intermediate points. JR., and ROBERT L. HINER, all of land-Delaware State line, thence over Indianapolis, of control of such rights Delaware Highway 404 to junction Dela­ Applications U nder S ection 5 and 210a(b) ' through the purchase. Applicants’ at­ ware Highway 18, thence over Delaware torneys: Rice, Carpenter and Carraway, Highway 18 to junction U.S. Highway The following applications are gov­ 618 Perpetual Building, Washington 4, 113, thence over U.S. Highway U3 tcrthe erned by the Interstate Commerce Com­ D.C. Operating rights sought to be Delaware-Maryland State line, thence mission’s Special Rules governing notice transferred: Household goods, as defined continuing over U.S. Highway 113 to of filing of applications by motor carrier by the Commission, as a common car­ junction Maryland Highway 589, thence of property or pascengers under section rier over irregular routes, between points over Maryland Highway 589 to junction 5(a) and 210a(b) of the Interstate Com­ in Klamath County, Oregon, on the one U.S. Highway 50, and return over the merce Act and certain other procedural hand, and, on the other, points in Cali­ same route, serving all intermediate matters with respect thereto (49 CFR fornia and Washington. Vendee is au­ points. Applicant is authorized to con­ 1.240). thorized to operate as a common carrier duct operations in Delaware, Maryland, MOTOR CARRIERS OF PROPERTY in Arizona, California, Alabama, Arkan­ New Jersey, New York, North Carolina, sas, Colorado, Connecticut, Delaware, Virginia, and the District of Columbia. No. MC-F 6822 (INTERSTATE MO­ Florida, Georgia, Illinois, Indiana, Iowa, No. MC 116639 (Sub No. l), filed April TOR FREIGHT SYSTEM—CONTROL— Kansas, Kentucky, Louisiana, Maine, 20, 1959. Applicant: ALFONSE GAVIN, LANCASTER TRANSPORTATION CO.), Maryland, Massachusetts, Michigan, doing business as NIAGARA BORDER published in the January 30, 1958, (ap­ Minnesota, Mississippi, Missouri, Ne­ TRANSIT CO., 1111 Walnut Avenue, plication) and December 10, 1958, (first braska, New Hampshire, New Jersey, New Niagara Falls, N.Y. Applicant’s attor­ amendment) issues of the F ederal Mexico, New York, North Carolina, Ohio, ney: Clarence E. Rhoney, 94 Oakwood R egister on pages 632 and 9581, respec­ Oklahoma, Pennsylvania, Rhode Island, Avenue, North Tonawanda, N.Y. Au­ tively. Request for further amendment South Carolina, South Dakota, Tennes­ thority sought to operate as a common filed April 27, 1959. Following service see, Texas, Vermont, Virginia, West Vir­ carrier, by motor vehicle, over irregular of a Report and Order of the Commis­ ginia, Wisconsin, Wyoming, and the Dis­ routes, transporting: Passengers and sion, a request for amendment of the trict of Columbia. Application has not their baggage, in round-trip sightseeing application has been filed to seek ap­ been filed for temporary authority under or pleasure tours, limited to the trans­ proval for INTERSTATE MOTOR section 210a(b). portation of not more than eight (8) FREIGHT SYSTEM to- control and No. MC-F 7180. Authority sought for passengers in any one vehicle, but not in­ merge the interstate operating rights purchase by AMERICAN RED BALL cluding the driver thereof and not includ­ and property of the carrier it seeks to TRANSIT COMPANY, INC., 1000 Illinois ing children under ten (10) years of age control through stock ownership, LAN­ Building, Indianapolis 4, Ind., of a por­ who do not occupy a seat or seats, in CASTER TRANSPORTATION CO. Op­ tion of the operating rights of A. L. seasonal operations between May 15 and erating rights of the two carriers are CHIPMAN, doing business as GOODWIN November 15, inclusive, of each year, be­ as summarized generally in the F ederal MOVING AND STORAGE COMPANY, ginning and ending at Niagara Falls, R egister of January 30, 1958. 155 South Stevens Street, Spokane, N.Y., and points in Niagara County, N.Y., No. MC-F 7167 (UNITED TRANS­ Wash., and for acquisition by CLAR­ within six (6) miles of Niagara Falls, and PORTS, INC.—PURCHASE (POR­ ENCE KISSEL, CLARENCE KISSEL, extending to ports of entry on the Inter­ TION)—DEALERS TRANSIT, INC.). JR., and ROBERT L. HINER, all of In­ national Boundary line between the This application was erroneously shown dianapolis, of control of such rights United States and Canada at or near as No. MC-F 7161 in the April 29, 1959, through the purchase. Applicants’ at­ Niagara Falls and Lewiston, N.Y. Appli­ issue of the F ederal R egister, page 3358. torney: Rice, Carpenter and Carraway, cant is authorized to transport pas­ No. MC-F 717?. Authority sought for 618 Perpetual Building, Washington 4, sengers in New York. purchase by COASTAL TANK LINES, D.C. Operating rights sought to be Note: Applicant states that his present INC., Grantley Road, York, Pa., of a transferred: Household goods, as defined authority restricts him to the transportation portion of the operating rights of WIL­ by the Commission, as a common carrier of seven passengers, resulting in his being LIAM J. LOBB, INC., 529 West Main over irregular routes, between points in forced to turn down numerous fares; past Street, Pen Argyl, Pa., and for acquisi­ Idaho, Washington, Montana, and Ore­ experience has shown that sightseeing groups tion by K. J. EISENHARDT, also of York, are in even numbers; sightseers do not wish gon. Vendee is authorized to operate as to be separated. Duplication with pending of control of such rights through the a common carrier in Arizona, California, authority to be eliminated. purchase. Applicants’ attorney: Harold Alabama, Arkansas, Colorado, Connecti­ G. Hernly, 1624 Eye Street NW„ Wash­ cut, Delaware, Florida, Georgia, Illinois, No. MC 118896, filed April 24, 1959. ington 6, D.C. Operating rights sought Indiana, Iowa, Kansas, Kentucky, Loui­ Applicant: HENRY C. DAUGHTREY, to be transferred: General commodities, siana, Maine, Maryland, Massachusetts, doing business as DAUGHTREY BUS in bulk, except liquid commodities in Michigan, Minnesota, Mississippi, Mis­ LINE, 826 Forest Avenue, East Brewton, bulk, as a common carrier over irregular souri, Nebraska, New Hampshire, New Ala. Applicant’s attorney: J. Douglas routes, between certain points in Penn­ Jersey, New Mexico, New York, North Harris, 413-414 Bell Building, Mont­ sylvania, on the one hand, and, on the Carolina, Ohio, Oklahoma, Pennsylvania, gomery, Ala. Authority sought to op­ other, certain points in New York and Rhode Island, South Carolina, South erate as a common carrier, by filotor ve­ New Jersey. Vendee is authorized to Dakota, Tennessee, Texas, Vermont, Vir­ hicle, over a regular route, transporting : operate as a common carrier in Pennsyl­ ginia, West Virginia, Wisconsin, Wyo­ Passengers and their baggage, and ex­ vania, Ohio, West Virginia, Maryland, ming, and the District of Columbia. press, mail and newspapers in the same Delaware, Virginia, New Jersey, New Application has not been filed for tem­ vehicle with passengers, between East York, Indiana, < Kentucky, Connecticut, porary authority under section 210a(b). Brewton, Ala., and the Chemstrand plant Massachusetts, Rhode Island, Michigan, No. MC-F 7181. Authority sought for site, near Gonzales, Fla., from East North Carolina, South Carolina, Illinois, purchase by AMERICAN RED BALL Brewton on Alabama Highway 4 1 south Tennessee, Wisconsin, Kansas, Nebraska, TRANSIT COMPANY, INC., 1000 Illinois over Alabama Highway 41 to junction Oklahoma, Iowa, Missouri, and the Dis­ Building, Indianapolis 4, Ind., of the op­ Escambia County, Alabama Highway 55 trict of Columbia. Application has not erating rights of JAMES C. WESTER- at or near Henley Bridge, thence south­ been filed for temporary authority under GARD, doing business as WESTERGARD west over Escambia County, Alabama section 210a(b). TRANSFER AND STORAGE, P.O. Box highway 55 to the Alabama-Florida 1 No. MC-F 7179. Authority sought for 821, Idaho Falls, Idaho, and for acquisi­ orate line, thence southwest over Florida purchase by AMERICAN RED BALL tion by CLARENCE KISSEL, CLAR­ n,18™ y Jay, Fla.,, thence south TRANSIT COMPANY, INC., 1090 Illi­ ENCE KISSEL, JR., and ROBERT L. n ! r -SIorida Highway 197 to junction nois Building, Indianapolis 4, Ind., of a HINER, all of Indianapolis, of control of tt a t ^ k w a y 90, thence southwest over portion of the operating rights of WAL­ such rights through the purchase. Ap­ Wj • Highway 90 to junction Florida TER E. FALLON, doing business as SUN- plicants’ attorney: Rice, Carpenter and highway 292, thence over Florida High­ VAN LINES, Boeing Field, Box 2, Seattle Carraway, 618 Perpetual Building, 3684 NOTICES Washington 4, D.C. Operating rights between points in the territory described North La Salle Street, Chicago 2, HI., sought to be transferred: Household immediately above, on the one hand, and, and Daniel Healy, 231 South La Salle goods, as defined by the Commission, as on the other, points in Virginia, West Street, Chicago 4, 111. Operating rights a common carrier over irregular routes, Virginia, and North Carolina; dangerous sought to be controlled: General com­ between points in Lemhi, Custer, Butte, explosives, between points in Knox modities, with certain exceptions includ­ Bingham, Bonneville, Clark, Jefferson, County, Tenn., on the one hand, and, on ing household goods and commodities in Madison, Fremont, and Teton Counties, the other, points in Tennessee, Kentucky, bulk, as a common carrier over regular Idaho, on the one hand, and, on the North Carolina, South Carolina and routes including routes between Chicago, other, points in Idaho, Montana, Wyo­ Virginia; generator parts, coils, turbines, 111., and Green Bay, Wis., between speci­ ming, and Utah. Vendee is authorized and turbine runners, all of which the fied points in Wisconsin, between Madi­ to operate as a common carrier in Ari­ transportation, because of their size or son, Wis., and Chicago, 111., between zona, California, Alabama, Arkansas, weight, requires the use of special equip­ Madison, Wis., and Dubuque, Iowa, be­ Colorado, Connecticut, Delaware, Flor­ ment, and related parts and accessories tween Chicago, 111., and Stoughton, Wis., ida, Georgia, Illinois, Indiana, Iowa, when their transportation is incidental between Emerald Grove, Wis., and Belvi- Kansas, Kentucky, Louisiana, Maine, to the transportation by said carrier of dere, HI., between Minneapolis, Minn., Maryland, Massachusetts, Michigan, generator parts, coils, turbines, and tur­ and Chicago, 111., and between Musca­ Minnesota, Mississippi, Missouri, Ne­ bine runners, which by reason of size or tine^ Iowa, and Chicago, 111., serving cer­ braska, New Hampshire, New Jersey, New weight require special equipment, be­ tain intermediate and off-route points; Mexico, New York, North Carolina, Ohio, tween Waterville, N.C., on the one hand, several alternate routes for operating Oklahoma, Pennsylvania, Rhode Island, and, on the other, East Pittsburgh, Nor­ convenience only; general commodities, South Carolina, South Dakota, Tennes­ ristown and York, Pa.; flammable com­ with certain exceptions excluding house­ see, Texas, Vermont, Virginia, West pressed gases, in shipper-owned tank hold goods and including commodities Virginia, Wisconsin, Wyoming, and the trailers, and shipper owned empty com­ in bulk, between Rhinelander, Wis., and District of Columbia. Application has pressed gas tank trailers, between plants Laona, Wis., serving all intermediate not been filed for temporary authority of the Atomic Energy Commission located points but restricted against service at under section 210a(b). at Dunbarton, S.C., on the one hand, and Laona; general commodities, between No. M C -F 7183. Authority sought for at Oak Ridge, Tenn., on the other; radio­ specified points in Illinois, between Har­ control and merger by DEALERS active semiprocessed feed material, in vard, 111., and Edgerton, Wis., between TRANSIT, INC., 12601 South Torrence granular form, in hopper type contain­ Richmond, 111., and Burlington, Wis., Avenue, Chicago, 111., of the operating ers, from Femald, Ohio, to Oak Ridge, between Harvard, HI., and Beloit, Wis., rights and property of ROWE TRANS­ Tenn. DEALERS TRANSIT, INC., is au­ between Darien, Wis., and Beloit, Wis., FER & STORAGE COMPANY, 1319 thorized to operate as a common carrier and between Clinton, Wis., and Harvard, Western Avenue SW., P.O. Box 219, in all States in the United States and 111., serving all intermediate and certain Knoxville, Tenn., and for acquisition by the District of Columbia. Application off-route points; potatoes, in bags, be­ AUTOMOBILE CARRIERS, INC., and, has not been filed for temporary author­ tween Bancroft, Wis., and junction Por­ in turn, WALTER F. CAREY and BERT ity under section 210a (b). tage County Trunk Highway W and U.S. B. BEVERIDGE, all of 3401 North Dort No. MC-F 7184. Authority sought for Highway 51, serving all intermediate Avenue, Flint, Mich., of control of DEAL­ purchase by ARCHIE’S MOTOR points; general commodities, with cer­ ERS TRANSIT, INC., and of the operat­ FREIGHT, INCORPORATED, 312 East tain exceptions including household ing rights and property through-the con­ Sixth Street, Richmond 24, Va., of a por­ goods and commodities in bulk, over ir­ trol and merger. Applicants’ attorneys: tion of the operating rights of C. V. regular routes, between certain points James W. Wrape, 2111 Sterick Building, DARBY, doing business as DARBY in Illinois, on the one hand, and, on the Memphis 3, Tenn., and Hugh A. Tapp, TRANSFER AND STORAGE, Locust other, certain points in Hlinois; house­ Suite 500, Burwell Building, Knoxville 2, Street, McKees Rocks, Pa., and for ac­ hold goods, as defined by the Commis­ Tenn. Operating rights sought to be quisition by J. A. THROCKMORTON, sion, between certain points in Iowa, on controlled and merged: General com- also of Richmond, of control of such the one hand, and, on the other, points modifies, with certain exceptions includ­ rights through the purchase. Appli­ in Illinois; petroleum products, in bulk, ing household goods and commodities in cants’ attorney: Herbert Baker, 50 West in tank vehicles, from Sheboygan and bulk, as a common carrier over irregular Broad Street, Columbus 15, Ohio. Op­ Green Bay, Wis., to certain points in routes, between the site of the Atomic erating rights sought to be transferred: Michigan, and from points jn the Chi­ Energy Commission plant at or near Such commodities as are dealt in by cago, 111., Commercial Zone,' as defined Dunbarton, S.C., on the one hand, and, wholesale, retail, and chain grocery by the Commission, to certain points in on the other, the sites of the Atomic stores, and materials', supplies, and Wisconsin; petroleum and petroleum Energy Commission plants at or near equipment used or useful in connection products, as described in Appendix XIII Kevil, Ky., and Oak Ridge, Tenn.; house­ therewith, as a common carrier over ir­ to the report in Descriptions in Motor hold goods, as defined by the Commis­ regular routes, between Pittsburgh, Pa., Carrier Certificates, 61 M.C.C. 209, in sion, between Knoxville, Tenn., and on the one hand, and, on the other, bulk, in tank vehicles, from Kewaunee, points in Tennessee within 100 miles of points in Ohio east of U.S. Highway 21. Wis., to points in the Upper Peninsula Knoxville, on the one hand, and, on the Vendee is authorized to operate as a of Michigan, from Lemont, HI., to cer­ other, points in Georgia, South Carolina, common carrier in Pennsylvania, Mary­ tain points in Wisconsin, and from North Carolina, and Kentucky; com­ land, Virginia, Kentucky, Tennessee, Blooming Grove in Dane County, Wis., modities, which because of their size or West Virginia, Ohio, New Jersey, Ala­ to points in the Upper Peninsula of weight require the use of special equip­ bama, Florida, North Carolina, Georgia, Michigan; drain oil (reclaimed motor ment or handling, and parts thereof, or Delaware, New York, South Carolina, oil) in bulk, in tank vehicles, from Bea­ accessories thereto when transported and the District of Columbia. Applica­ ver Dam, Wis., to Lyons, HI.; livestock, with such commodities, between points in tion has not been filed for temporary between points in Muscatine County, Tennessee, Kentucky, South Carolina, authority under section 210a (b). Iowa, on the one hand, and, on the other, Georgia, Alabama, Florida, Mississippi, No. MC-F 7185. Authority sought for points in Hlinois within 60 miles of Mus­ Arkansas, Ohio, Indiana, and those por­ control by SPECTOR FREIGHT SYS­ catine, Iowa; coal, from certain points in tions of Virginia and North Carolina west TEM, INC., 3100 South Wolcott Avenue, Illinois to points in Muscatine County, Chicago 8, 111., o f STEFFKE FREIGHT Iowa; used petroleum oils, in bulk, in of a line commencing at the Virginia- tank vehicles, from West Allis, Wis., to West Virginia State Line,'over U.S. High­ CO., 204 South Beilis Street, Wausau, McCook, 111.; liquid wood preserving ana way 21 to Sparta, N.C., thence over North Wis., and for acquisition by W. STAN- treating compound, in bulk, in tank ve­ Carolina Highway 18 to junction with HAUS and SIMON FISHER, both of hicles, from Oshkosh, Wis., to points in North Carolina Highway 16, thence over Chicago, of control of STEFFKE the Upper Peninsula of Michigan. North Carolina Highway 16 to junction FREIGHT CO. through the acquisition SPECTOR FREIGHT SYSTEM, INC., IS with U.S. Highway 321, thence over U.S. by SPECTOR FREIGHT SYSTEM, INC. authorized to operate as a common car­ Highway 321 to the North Carolina- Applicant’s attorneys: Axelrod, Good­ rier in Missouri, Massachusetts, Indiana, South Carolina State Line, not includ­ man & Steiner, 39 South La Salle Street, Pennsylvania, New Jersey, New Yora, ing points on the specified highways, and Chicago 3, 111., Maurice P. Golden, 33 Connecticut, Rhode Island, Hlinois, Oni , Wednesday, May 6, 1959 FEDERAL REGISTER 3685 Maryland, Wisconsin, Minnesota, Kan­ greases, hog skins, hoofs, horns, lard, lard South Bend 18, Ind., of the operating sas, Colorado, Iowa, Nebraska, Okla­ compounds, meats (fresh, salted, cooked, rights of NORTHERN INDIANA homa, Texas, Delaware, and the District cured, or preserved), meat scraps, oils, TRANSIT, INC., 401 South Frances of Columbia. Application has been filed oleo stock, pizzles, poultry, rabbits, ren­ Street, South Bend 24, Ind., and for for temporary authority under section nets, sausage, sausage casings, skins or acquisition by E. E. FURRY, 612 South 210a(b)r. rinds, bacon or ham, soap stock, stearine, Michigan Street, Plymouth, Ind., of con­ No. MC-P 7186. Authority sought for stomach linings, animal tallow, tankage, trol of such rights through the purchase. purchase by LONG TRANSPORTATION venison, weasands, and dairy products, Applicants’ attorney: Harry J. Harman, COMPANY, 3755 Central Avenue, De­ as follows: butter, butter fat, buttermilk, 219 Bankers Trust Building, Indianapolis troit, Mich., of the operating rights of cheese, cream (all kinds), eggs, milk (all 4, Ind. Operating rights sought to be NORTH RIVER TRANSPORTATION kinds), oleomargarine, poultry (dead, transferred: Passengers and their bag­ CO., INC., (SAM H. LIPSON, TRUS­ dressed), rabbits (dead), and articles gage, and of newspapers, in the same TEE) , c/o Leinwand, Grossman, Mandel- distributed by meat packing houses, as vehicle with passengers, as a common baum & Maron, Attorneys for the trustee, follows: abrasives, advertising matter, carrier over a regular route between 10 East 40th Street, New York 16, N.Y., forms, racks, or signs, bristles, canned Niles, Mich., and Elkhart, Ind., serving and for acquisition by FLORENCE LONG goods, chemicals, coloring or compounds, all intermediate points. Vendee is au­ McCALE, also of Detroit, of control of coconut oil, drugs, emulsifiers, fatty thorized to operate as a common carrier such rights through the purchase. Ap­ acids, feathers or quills, feed (animal, in Indiana, Michigan and Illinois. Ap­ plicants’ attorneys: Bowes & Millner, bird, or poultry), fertilizer or fertilizer plication has not been filed for temporary 1060 Broad Street, Newark 2, N.J., and materials, gelatine, glue or glue stock, authority under section 210a(b),, Leinwand, Grossman, Mandelbaum & glycerine, hair and padding, hides and Maron, 10 East 40th Street, New York 16, pelts, lard substitutes, liver extract, pea­ By the Commission. N.Y. Operating rights sought to be nut butter, pickles, preserves, relishes, [s e a l ] H arold D. M cC o y , transferred: General commodities, with condiments, and spreads, premiums when Secretary. certain exceptions including household packed with the meat, meat products or [F.R. Doc. 59-3836; Filed, May 5, 1959; goods and commodities in bulk, as a com­ meat by-products with which to be 8:49 a.m .] mon carrier over irregular routes, be­ given, rennet extract, soap and soap tween points in the NEW YORK, N.Y., products, tails or switches, toilet prepa­ COMMERCIAL ZONE, as defined by the rations, vegetable oil shortening, wool, Commission, and those in that part of between Chicago, HI., and Omaha, Nebr., DEPARTMENT OF JUSTICE Westchester County not included in the between Omaha, Nebr., and Denver, above commercial zone, and those in that Oolo., and between Chicago, 111., and Office of Alien Property part of Connecticut on and west of Con­ Denver, Colo.; livestock, agricultural ANNA ARCHENHOLD necticut Highway 104, and between points commodities, emigrant movables, and in the above-described territory, on the household goods as defined by the Com­ Notice of Intention to Return Vested one hand, and, on the other, certain mission, between points in Frontier and Property points in New York and New Jersey; gen­ Furnas Counties, Nebr., on the one hand, eral commodities, except commodities in and, on the other, certain points in Pursuant to section 32(f) of the Trad­ bulk, between Newark, N.J., and points Colorado; livestock, from Denison, Iowa, ing With the Enemy Act, as amended, in the NEW YORK, N.Y., COMMERCIAL and points in Iowa within 15 miles of notice is hereby given of intention to re­ ZONE, as defined by the Commission, on Denison, to Omaha, Nebr.; livestock and turn, on or after 30 days from the date the one hand, and Tuxedo Park, N.Y., building materials, from Omaha, Nebr., of publication hereof, the following prop­ and points in Rockland County, N.Y., on to the above-specified Iowa points; feed, erty, subject to any increase or decrease the other. Vendee is authorized to seed, hay, and agricultural implements resulting from the administration operate as a common carrier in Illinois, and parts, from Omaha, Nebr., to Deni­ thereof prior to return, and after ade­ Pennsylvania, Ohio, Indiana, Michigan, son, Iowa; salt, from Kanopolis, Kans., quate provision for taxes and conserva­ New York, and New Jersey. Application to Cambridge, Nebr.; coal, from points tory expenses: has been filed for temporary authority in Colorado to Cambridge, Nebr.; those under section 210a(b). rights claimed in an application seeking Claimant, Claim No., Property, and Location No. MC-P 7187. Authority sought for a “grandfather” certificate under sec­ Anna Archenhold, Wuppertal, Germany; tion 7 of the Transportation Act of 1958 $1,496.65 in the Treasury of the United purchase by MIDWEST COAST TRANS­ . S tates. PORT, INC., P.O. Box 747, Wilson Termi­ (which amended section 203(b)(6) of Vesting Order Nos. 3438 and 3439; Claim nal Building, Sioux Palls, S. Dak., of the the Act), viz, frozen fruits, frozen berries No. 58691. operating rights of HARRIS TRUCK and frozen vegetables, from points in Executed at Washington, D.C., on LINE, INCORPORATED, 3002 East Cen­ California, Washington, Oregon, Idaho, April 27, 1959. tury Boulevard, Lynwood, Calif., and for Utah,, Colorado, Missouri, Illinois, Mich­ acquisition by H. LAUREN LEWIS, also igan, and New York, to points in Minne­ For the Attorney General. of Sioux Falls, of control of such rights sota, Wisconsin, Nebraska, Iowa, Mis­ [ s e a l ] P aul V . M y r o n , through the purchase. Applicants’ at­ souri, Baltimore, Md., Louisville, Ky., Deputy Director, torney: Turcotte & Goldsmith, 656 South Michigan, Indiana, Ohio, Illinois, Kan­ Office of Alien Property. Los Angeles Street, Los Angeles 14, sas, Colorado, New York, N.Y.,' Califor­ Calif. Operating rights sought to be nia, and Utah. Vendee is authorized to [F.R. Doc. 59-3827; Filed, May 5, 1959; transferred: General commodities, with operate as a common carrier in South 8:48 a.m .] certain exceptions including household Dakota, Washington, Oregon, Minnesota, goods and commodities in bulk, as a Iowa, Utah, California, Nebraska, Ne­ common carrier over irregular routes, be­ vada, North Dakota, Maine, New Hamp­ tween Omaha, Nebr., and Council Bluffs, shire, Vermont, Massachusetts, Rhode LEON JANTET Iowa; household goods as defined by the Island, Connecticut, New Jersey, New Commission, and emigrant movables, be­ Notice of Intention To Return Vested York, Pennsylvania, Montana, Idaho, Property tween Denison, Iowa, and points in Iowa Delaware, Maryland, Michigan, Ohio, within 15 miles of Denison, on the one Virginia, West Virginia, and the District Pursuant to section 32(f) of the Trad­ hand, and, on the other, points in Illi­ ing With the Enemy Act, as amended, no­ nois, Minnesota, Missouri, Nebraska, and of Columbia. Application has been filed for temporary authority under section tice is hereby given of intention to return, South Dakota; meats, meat products on or after 30 days from the date of pub­ o-nd meat by-products, as follows: Amni- 210a(b). lication hereof, the following property, nf or. foetal fluid, bladders, blood, blood MOTOR CARRIERS OF PASSENGERS subject to any increase or decrease re­ Albumin, blood flour, blood meal, bones, sulting from the administration thereof oouillon cubes, canned or packaged No. MC-F 7182. Authority sought for prior to return, and after adequate pro­ meats, canned or packaged meat prod­ purchase by INDIANA MOTOR BUS vision for taxes and conservatory, ex­ ucts, cracklings, chili con carne, game, COMPANY, 716 South Main Street, penses : 3686 NOTICES

Claimant, Claim No., Property, and Location PAUL MARGULIUS Claimant, Claim No., Property, and Location Leon Jantet, 16 Rue T&con, Oyonnax, Ain, Paxil M argulius, T el A,riv, Israel; $746.92 France; $836.12 In the Treasury of the United Notice of Intention To Return Vested in the Treasury of the United States. S ta te s. Property Vesting Order Nos. 4236 and 5664; Claim Vesting Order No. 17906; Claim No. 62412. Pursuant to section 32(f) of the Trad­ No. 61267. Executed at Washington, D.C., on ing With the Enemy Act, as amended, Executed at Washington, D.C., on April 27,1959. notice is hereby given of intention to re­ April 27, 1959. For the Attorney General. turn, on or after 30 days from the date For the Attorney General. of publication hereof, the following prop­ [s e a l ] P a u l V . M y r o n , erty, subject to any increase or decrease Es e a l ] P a u l V . M y r o n , Deputy Director, resulting from the administration Deputy Director, Office of Alien Property. thereof prior to return, and after ade­ Office of Alien Property. [F.R. Doc. 59-3828; Filed, May 5, 1959; quate provision for taxes and conserva­ [F.R. Doc. 59-3829; Filed, May 5, 1959; 8:48 a jn .] tory expenses: 8:49 a.m .] 1 - ‘ ‘ I1 / ¡U -1 ~ |jgf ' CUMULATIVE CODIFICATION GUIDE— MAY A numerical list of the parts of the Code of Federal Regulations affected by documents published to date during May. Proposed rules, as opposed to final actions, are identified as such.

3 CFR P age 14 CFR— Continued P age 33 CFR— Continued Page Proclamations: 409______3498 203______3629 3279______3527 507______3574 207______3629 3290______3527 610____ 3500 Executive orders: 1200—1299______3574 3 6 CFR 10813______3465 1201______- 3574 251...... ___ 3581 10814,_____ 3474 3474 16 CFR 3 7 CFR 10815______13______3531, 3579, 3580, 3625 Proposed rules: 5 CFR 3545 6 ______3559 17 CFR 201______Proposed rules: 202 _ _ 3546 325______3475 230______3514 6 CFR 3 8 CFR 10______3559 19 CFR c. 3592 331______3475 5______3532 HÜ...... 3592 427______3475,3482 18____ 3532 438______3559 Proposed rules: 3 9 CFR 443______3562 11______3513 4 5 ______3533,3534 31______3535 201______3592 7 CFR 25 CFR 204______3592 301______3529 221____ 3532 861______3488 41 CFR 876______3490 2 6 CFR Proposed rules: 911______3564 458______3503 202...... __ ... 3513 922______3530,3565, 3623 953______3530 26 (1954) CFR 43 CFR g§H | 301______3503 955______3491 Public land orders: 962______3565 2 9 CFR 1673______3581 968™______3566 V 3534 1001______...... 3573 526______3581 1812______603______;______3503 1838______3534 1069______3574 __ 3534 Proposed rules: 1839______902______3630 31 CFR 1840______3581 904______3535 309______3533 1841______3581 925______...... 3608 359______3533 1842______3630 ______3608 927______32 CFR 4 6 CFR 934______3535 1 ______3582 990______3611 147____ •______3507 2 ______3586 370______. 3625 1021______...... 3536 4______3586 8 CFR 6______3586 4 7 CFR 245______3491 7 ______3587 Proposed rules: 8 ______3589 9 _ 3611 10 CFR 9 ______3589 __ 3612 Proposed rules: 13______3589 12 20______3537 16______3589 4 9 CFR 140______3508 30______3591 72______3595 836______3504 73 _ 3595 13 CFR 862_____ 3505 3599 121______3491 1200— 1299______3592 74 78 _ 3599 14 CFR 33 CFR 184 _ 3507 1—199______- 3574 85 ______3506 200—399______3574 86 ______350650 CFR 94Q _ 3531 91______3506 4 ft 3626 400—6351™ ™ ! 3574 96______3507 202______3629