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Transcript of FR-1961-05-17.pdf - US Government Publishing Office
FEDERALPages 4275-4312
REGISTERVOLUME 26 \ 1934 ^
* ^ /V ITEO ^ NUMBER 94
Washington, Wednesday, May Ï7 , 1961
ContentsTHE PRESIDENT
Executive Order Designation of certain officers
to act as Secretary of the Treasury_____ _______________ 4277
EXECUTIVE AGENCIESAgriculture DepartmentSee C o m m o d ity Stabilization
Service. ;
Civil Aeronautics BoardNotices:Frontier Airlines, Inc.; “use it or
lose it” investigation; prehearing conference______________ _ 4294
Rules and R egulations :Economic proceedings, rules of
practice; miscellaneous amendments----------------------------- ----- 4282
Principles of practice; miscellaneous amendments__ _______ 4282
Civil and Defense MobilizationOffice
Notices:Federal disaster assistance; mini
mum State and local expenditures------------------------------------- 4301
Major disaster notices:Georgia-------------_ j --------------------_ _ _ _ _ _ _ _ 4301Iowa------------------------------------- 4301
iercy, George T.; changes in business interests______ ______ 4301
Civil Service CommissionRules and R egulations :Exception from competitive serv-
lce: Labor Department_______
Commodity Stabilization SeProposed R ule Making:Milk m certain marketing areas;
Hearings on proposed amendments to tentative agree- ments and orders:
Louisville-Lexington Neosho Valley_____
R ules and R egulations:Rice:
County normal yields, 1961crop-----------------------------------. 4281
Price support program, 1961 crop------------------------------------ 4279
Customs BureauR ules and R egulations:Entry of products of American
fisheries__ ____________ _______ 4286
Federal Aviation AgencyNotices:Radio tower, proposed construc
tion; no airspace objections_ (2documents)______________ 4294
P roposed R ule Making:Airworthiness directive; Aero
Commander, Model 500 aircraft----------------------- 4290
Parachutes; operating rules for packing, repair, maintenance,alteration and inspection__ ___ 4289
R ules and R egulations:Airworthiness directive; Beech
Model 35 aircraft___________ 4283Life rafts, twin tube_____________ 4284Standard instrument approach
procedures_________ 4284
Federal Communications Commission
No tices:Station WOX, New York, N.Y.;
exemption from watch require-ment------------------- --------------- __ 4295
Hearings, etc.:College Radio___________ 4294Lindsay Broadcasting Co. et al_ _ 4294Sands Broadcasting Corp. et al.
(2 documents)______ _______ 4295McGlashan, Ben S. (K G FJ)
and Sun State Broadcasting System, Inc_____ __________ 4295
P roposed R ule Making:Broadcast stations and networks,
and their principals and employees; announcement of financial interests in service and commodities receiving broadcast promotions-_____________ 4291
Coordination of certain “split channel” frequencies by Frequency Advisory Committees— 4292
Table of assignments, television broadcast stations; certain locations in Alabama, Tennessee,and Georgia__________________ 4292
R ules and R egulations:Practice and procedure; local no
tice requirement in case of broadcast applications filed before Dec. 12, 1960, and designated for hearing on or afterthat d ate.____________________ 4278
Stations on land and shipboard in the maritime services; frequency pair available for assignment in vicinity of Lake Allatoona and Lake Sidney Lanier, Georgia_________ _______ 4279
Treaties and other international agreements relating to radio__ 4278
Federal Power CommissionNotices:Southern Louisiana area; order
instituting rate proceedings and prescribing preliminary procedure— — ------------------------------ 4296
Federal Trade CommissionR ules and R egulations:Prohibited trade practices:
G. & M., Inc., et al____________ 4284Ritz Thrift Shop, Inc., et al__ _ 4285Rootes Motors, Inc., et al____ 4285Tower Woolen Corp. et al____ 4285
Food and Drug AdministrationR ules and R egulations:Food additives in food for human
and animal consumption; am- prolium— ----------------------------- 4286
Health, Education, and Welfare Department
See Food and Drug Administration.
(Continued on next page)4275
4276 CONTENTS
Housing a n d Home Finance Agency
See Public Housing Administration.
Interstate Commerce CommissionNotices :Fourth section applications for
relief (2 documents)--------------- 4309Motor carrier: 1
Alternate route deviation notices _______________________ 4302
Applications and certain otherproceedings-------------------------- 4303
Transfer proceedings—------------ 4309
: gjjpïv y j g : /Labor DepartmentSee Wage and Hour Division.
Public Housing Administration Notices :Authority delegations (2 docu
m ents)____ ________________:— 4310
Securities and Exchange Com-mission
Notices :Hearings, etc.:
Apex Minerals Corp---------------- 4300Michigan Wisconsin Pipe Line
Co. and American Natural Gas Co_____________________ 4300
Treasury DepartmentSee Customs Bureau.
Wage and Hour DivisionR ules and R egulations:Fabric and leather glove industry
in Puerto Rico; wage order----- 4287
Codification GuideThe following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by
documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. . . ,
Monthly, quarterly, and annual cumulative guides, published separately from the daily issues, include the section numbers as well as the part numbers affected.
3 CFRE xecutive Orders :10586 (revoked by EO 10941)------- 427710941___________________ 4277
5 CFR6 _____________ 4279
6 CFR421_________________________ ___— 4279
7 CFR730-__________________ 4281P roposed R u l e s :928_________________________ ,_____ 4289946________________- __________ ___ 4289
14 CFR300_________ _____ ..........................— 4282302______________ |________________ 4282507_______ 4283514______________ r_______ _______ 4284609__________ _____:_______________ 4284
P roposed R u l e s :25______________________________ 4289507________J ,'_______________ 4290
16 CFR13 (4 documents)---------------- 4284, 4285
19 CFR10_________ 4286
21 CFR121_________________- ___________ 4286
29 CFR603_______________ 4287
47 CFR1_ ___ _________¿ùfa_____ 42782_ _ 42787 ____ _ 42798 __*___ 4279P roposed R u l e s :3 (2 documents)----------------- 4291,429210___________ :________________— 4292
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tendent of Documents. Prices of books and pocket supplements vary. »«wans® or the Code of F ederal R egulations.There are no restrictions on the republication of material appearing in the F ederal R egister, or the uode o
Presidential DocumentsTitle 3— THE PRESIDENTExecutive Order 1094T
DESIGNATION OF CERTAIN OFFICERS TO ACT AS SECRETARY OF THE TREASURY
By virtue of the authority vested in me by section 179 of the Revised Statutes (5 U.S.C. 6) and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:
S ection 1, In case of the death, resignation, absence, or sickness of the Secretary of the Treasury and the Under Secretary of the Treasury, the following officers of the Treasury Department shall, in the order of succession indicated, act as Secretary of the Treasury until a successor is appointed or until the absence or sickness of the incumbent shall cease:
(1) Under Secretary for Monetary Affairs.
(2) The Assistant Secretaries of the Treasury and the General Counsel for the Department of the Treasury (a) in such order of succession as the Secretary of the Treasury may by order fix from time to time, or (b) if no order of succession is so fixed at the time, then in the order in which they have taken office as Assistant Secretary or General Counsel, as the case may be.
S ec. 2. Executive Order No. 10586 of January 13, 1955, entitled “Designating Certain Officers to Act as Secretary of the Treasury”, is hereby revoked.
J ohn F. K ennedy
T he W hite House,May 15,1961.
[F.R. Doc. 61-4593; Filed, May 16, 1961;9:56 a.m.]
Rules and RegulationsTitle 47— TELECOMMUNICATIONChapter I— Federal Communications
CommissionPART 1— PRACTICE AND PROCEDURELocal Notice Requirement in the Case
of Broadcast Applications FiledBefore December 12, 1960, andDesignated for Hearing'on or AfterThat Date
May 12,1961.It has come to the Commission’s a t
tention that there has been some confusion among applicants concerning the applicability of the local notice requirement of section 311(a)(2) of the Communications Act of 1934, as amended, to applications filed prior to December 12, 1960 (the effective date of P.L. 86-752, requiring such notice), but designated for hearing subsequent to that date. Section 311(a) (2) requires the applicant for an instrument of authorization in the broadcasting service to give notice of a hearing in the principal area which is served or is to be served by the station at least 10 days before commencement of the hearing. Section 1.362(b) of the Commission’s rules describes the notice requirement in greater detail and in particular requires publication twice a week for the two weeks immediately following release of the Commission’s order specifying the time and place of the commencement of the hearing. Section 1.362(c) of the rules requires that certain information concerning the notice be filed with the Commission within five days of the last date of publication or broadcast of the notice.
Under § 1.359(h) of the rules, and pursuant to the effective date provisions of section 4(d) (2) (C) of P.L. 86-752, local notice of hearing must (except in assignment and transfer cases covered by § 1.359(h) (1) ) be given in all cases designated for hearing on or after December 12, 1960, even if the application was filed prior to that date.
Because of the confusion which has existed, applicants who filed before December 12, 1960, and whose applications were designated for hearing on or after that date will not be penalized for failure to obtain timely compliance with the local notice requirement, and an extension of time for obtaining compliance, dating from the date of release of this notice, is hereby granted. Applicants in this category who are not in compliance should take immediate steps to comply with the requirements of § 1.362 (b) and(c) of the rules. Notice should be published twice a week for the two weeks following release of this notice, and the information required by § 1.362(c)
should be filed with the Commission within 5 days of the last day of publication or broadcast. Applicants in this category who have published the notice required by § 1.362(b) and have filed the information required by § 1.362(c), but who failed to do so within the time periods specified in those sections, need take no additional action. A waiver of the provisions of those sections requiring publication and filing within specific periods is hereby granted in such cases.
Any petitions for extension of time or for waiver of the provision of § 1.362 (b) and (c) requiring publication within specific periods which may have been filed by applicants in such cases will be dismissed as moot. No hearing may commence until ten days after the notice requirement has been satisfied.
Adopted: May 11,1961.F ederal Communications
Commission,[seal] B en F . W aple,
Acting Secretary.[F.R. Doc. 61-4530; Filed, May 16, 1961;
8:50 a.m.]
PART 2— FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES A N D REGULATIONS
Treaties and Other International Agreements Relating to Radio
The Commission having under consideration the desirability of making certain editorial changes in § 2.601 of its rules and regulations; and
2. The last sentence of the parenthetical statement of the entry for “1947 63(2) Stat. 1399 TIAS 1901” which reads: “Copies of the Atlantic City Radio Regulations which include the Additional Radio Regulations, are available only from the International Telecommunication Union, Geneva, Switzerland.” is deleted.
3. “TIAS 4460” is added to line 2 of the “Citations” column of the entry for “1950 North American Regional Broadcasting Agreement (NARBA) * *
It appearing that the amendments adopted herein are editorial in nature, and, therefore, prior publication of notice of proposed rule making under the provisions of section 4 of the Administrative Procedure Act is unnecessary, and the amendments may become effective immediately; and
It further appearing that the amendments adopted herein are issued pursuant to authority contained in sections 4(1), (5) (d) (1) and 303(r) of the Communications Act of 1934, as amended, and section 0.341(a) of the Commission’s Statement of Organization, Delegations of Authority and Other Information;
I t is ordered, This 11th day of May 1961, that, effective May 18,1961, § 2.601 is amended as set forth below.(Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or applies sec. 303 , 48 Stat. 1082, as amended; 47 U.S.C. 303)
Released: May 11, 1961.F ederal Communications
Commission,[seal] B en F . W aple,
Acting Secretary.
Section 2.601 is amended:A. To change the parenthetical state
ment following the title to read:(Corrected to May 1, 1961. The Commission does not distribute copies of these documents. Inquiry may be made to the Ü.S. Government Printing Office concerning availability for purchase.)
B. Paragraph (a) is amended as follows:
1. The following entries are deleted in their entirety:
4. “10 UST 2423” is added to line 1 of the “Citations” column of the entry for “1958 TIAS 4390”.
5. “10 UST 1449” is added to line 1 of the “Citations” column of the entry for “1959 TIAS 4295”.
6. “10 UST 3019” is added to line 1 of the “Citations” column of the entry for “1959 TIAS 4394”.
7. The following entry is added in chronological sequence:
Agreement between the United States and Paraguay concerning Radio Communications between Amateur Stations on Benait o Third Parties. Effected by exchange of botes signed at Asuncion, Aug. 31, and Oct. 6, i960. Entered into force Nov. 5,1960.
fF.R . Doc. 61-4531; Filed, May 16, 1961; 8:50 a.m.]
1937 51 Stat. 314--__________ Agreement between. * * *EAS 109.
1938 53 Stat. 2042.--___ _____ Arrangement between. * * *EAS 136.
1948 62(3) Stat. 2652---_____ - Arrangement between. * * *TÍAS 1802.
4278
FEDERAL REGISTER 4279Wednesday, May 17, 1961
[Docket No. 13983 (RM-176) ; FCC 61-612]
pART 7— STATIONS ON LAND IN THE MARITIME SERVICES
pART 8— STATIONS ON SHIPBOARD IN THE MARITIME SERVICES
Frequency Parr 2450 kc (Coast)-2366 kc (Ship) Available for Assignment in' the Vicinity of Lake Allafoona and Lake Sidney Lanier, GeorgiaThe Commission having under consid
eration the above matter;It appearing that in accordance with
the requirements of section 4 (a) and(b) of the Administrative Procedure Act, notice of proposed rule making in this matter, which made provision for the submission of written comments by interested parties, was published in the Federal R egister on March 17, 1961 (26 FR. 2253), and the period for filing comments has now expired; and
It further appearing that the University Yacht Club of Atlanta, Georgia, and the Southern Bell Telephone and Telegraph Company filed comments in support of the amendments ordered herein, both comments stressing the need for the communications service that would be provided under the amendments; and
It further appearing that no objections or other comments were received; and
It further appearing that the amendments ordered herein will provide for more effective utilization of maritime frequencies in that the ship-shore communication needs at Lakes Allatoona and Sidney Lanier will be fully satisfied by the use of frequencies allocated primarily for that purpose, whereas, under the present arrangement, the needs are only partially met through the secondary use of the intership frequency 2638 kc; and
It further appearing that the public interest, convenience, and necessity will be served by the amendments hereto ordered, the authority for which is contained in section 303 (c ) , (d ), (f) , and (r) of the Communications Act of 1934, as amended;
It is ordered, That effective June 22, 1961, Parts 7 and 8 of the Commission’s rules are amended as set forth below.(Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. Interprets or applies sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303).
Adopted: May 11,1961. Released: May 12,1961.
F ederal Communications Commission,
(seal] B en F . W aple,Acting Secretary.
l fA- Part 7. Stations on Land in the Maritime Services, is amended as follows:
. ; ? e table in § 7.306(b) is amended b; adding the following new location i»le< î? cies’ an<* specific limitations an< conditions of use after the entry fo: Charleston, S.C.-Jacksonville, Fla.
§ 7.306 Availability of frequencies below 30 Me.* * Cb) * * *
* ■ * ♦ ♦ *
Coast station transmitting carrier frequency1
Associated coast station receiving carrier frequency
Coast stations located in the vicinity of— Fre
quency(kc)
Specific limitations imposed upon availability for use *
Frequency
(kc)Specific conditions relating to use
of these frequencies by ship stations for transmission as shown in § 8.354(a) (1) of this chapter3
* * * ■ * * * *
Lake Allatoona-Lake Sidney Lanier, Qa.
2450 Available on condition that no harmful Interference will be caused to any service or any station which in the discretion of the Commission may have priority on the frequency or frequencies used for tne service to which interference is caused.
2366 Available on condition that no harmful interference will be caused to any service or any station which in the discretion of the Commission may have priority on the frequency or frequencies used for the service to which interference Is caused.
B. Part 8, Stations on Shipboard in the Maritime Services, is amended as follows: The table in § 8.354(a) (1) is amended by adding the following new location,
frequencies, and specific limitations and conditions of use after the entry for Charleston^ S.C.-Jacksonville, Fla.§ 8.354 Frequencies below 5000 kc for public correspondence.
(a) * * *(1) * * *
For communication with coast stations
Mobile station transmitting carrier frequency i
Associated coast station carrier frequency
located in the vicinity of—
Frequency
(kc)Specific limitations imposed upon
availability for use3Fre
quency(kc)
Specific conditions relating to use of these frequencies by coast stations for transmission as shown in § 7.306(b) of this chapter3
* * * * * * *
Lake Allatoona-Lake Sidney Lanier, Qa.
2366 Available on condition that no harmful interference will be caused to any service or any station which in the discretion of the Commission may have priority on the frequency or frequencies used for the service to which interference Is caused.
2450 Available on condition that no harmful interference will be caused to any service or any station which In the discretion of the Commission may have priority on the frequency or frequencies used for the service to which interference is caused.
[F.R. Doc. 61-4533; Filed, May 16, 1961; 8:50 a.m.]
Title 5— ADMINISTRATIVE Title 6— AGRICULTURALPERSONNEL CREDIT
Chapter I-—Civil Service CommissionPART 6— EXCEPTIONS FROM THE
COMPETITIVE SERVICEDepartment of Labor
Effective upon publication in the F ederal R egister, paragraph (g) (3) of § 6.313 is amended as set out below.§ 6.313 Department of Labor.
* * * 4t *(g) W omen’s Bureau. * * *(3) Two Special Assistants to the
Director.(R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 U.S.C. 631, 633)
U nited S tates Civil Service Commission,
[seal] Mary V. W enzel,Executive Assistant to
th e Commissioners.[F.R. Doc. 61-4523; Filed, May 16, 1961;
8:49 a.m.]
Chapter IV— Commodity Stabilization Service and Commodity Credit Corporation, Department of Agriculture
SUBCHAPTER B— LOANS, PURCHASE, AND OTHER OPERATIONS
[C.C.C. Rice Bulletin A]
PART 421— GRAINS AND RELATED COMMODITIES
Subpart— 1961-Crop Rice Price Support Program Acreage Compliance
Sec.421.426 Administration.421.427 Applicability of §§ 421.426 to
421.431.421.428 Definitions.421.429 Compliance requirements.421.430 Effect of unknowingly exceeding
farm rice acreage allotment; method of determination.
421.431 Application for review and requestfor reconsideration.
Auth o rity : §§421.426 to 421.431 issued under sec. 4, 62 Stat. 1070, as amended; 15
4280 RULES AND REGULATIONSU.S.C. 714b. Interpret or apply sec. 374, 52 Stat. 65, as amended; sec. 5, 62 Stat. 1072; secs. 101, 401«. 408, 63 Stat. 1051, as amended; 1054, as amended; 1055, as amended; sec. 125, 70 Stat. 198; 15 U.S.C. 714c; 7 U.S.C. 1421, 1428, 1374, 1813.§ 421.426 Administration.
The price support program for rice will be administered by the Commodity Stabilization Service, under the general direction and supervision of the Executive Vice President, Commodity Credit Corporation, and will be carried out in the field by the State and County Agricultural Stabilization and Conservation Committees (hereinafter referred to as State and County Committees). State and county committees do not have authority to modify or waive any of the provisions of this subpart or any amendments or supplements thereto.§ 421.427 Applicability of §§ 421.426
to 421.431.Sections 421.426 to 421.431 state the
eligibility requirements for producers of rice under the 1961 crop rice price support program with respect to compliance with rice acreage allotments, and are in addition to other regulations to be issued by the Commodity Credit Corporation governing eligibility for price support.§ 421.428 Definitions.
As used in the regulations in this subpart and in all instructions, forms and documents in connection therewith, the words and phrases defined in this section shall have the meaning assigned to them herein unless thè context or subject matter otherwise requires. The following words or phrases are defined in Part 719 of Title 7, Chapter VII, Reconstitution of Farms, Farm Allotments and Farm History and Soil Bank Base Acreages (23 F.R. 6731), or are incorporated therein by reference to Part 718 of Title 7, Chapter VII, Determination of Acreage and Performance (22 F.R. 3747), as amended, and shall have the meaning assigned to them by such regulations: “State Committee,” “State Administrative Officer,” “County Committee,” “Person,” “Operator” and “Farm.”
(a) “Rice acreage allotment” means the 1961 rice acreage allotment established for the farm in accordance with Part 730 of Title 7, Chapter VII, Regulations for the Determination of Rice Acreage Allotments for the 1959 and Subsequent Crops of Rice (7 CFR 730.- 1010 to 730.1035, 23 F.R. 8528), and any amendments thereto.
(b) “Rice acreage” means rice acreage as defined in Part 730 of Title 7, Chapter VII, Regulations for the Determination of Rice Acreage Allotments for the 1959 and Subsequent Crops of Rice (7 CFR 730.1010 to 730.1035, 23 F.R. 8528), and any amendments thereto.
(c) “Excess rice acreage” means the rice acreage determined for the farm which is in excess of the farm rice acreage allotment.
(d) “Producer” means a person who produces rice in 1961 as landowner, landlord, tenant or sharecropper. The term “tenant” shall be deemed to in
clude a person who furnishes water for a share of the rice crop.§ 421.429 Compliance requirements.
A producer shall not be eligible for price support on rice produced in 1961 unless the 1961 rice acreage on the farm on which such rice is produced is not in excess of the rice acreage allotment: Provided, That if a producer has an interest in the 1961 rice crop produced on any other farm in the same county, he must also be entitled to receive a marketing certificate for each such farm in order to be eligible for price support. Where a producer is engaged in the production of rice in more than one county (in the same State or in two or more States) and the State or county committee has determined to apply the requirements of 7 CFR 730.967(C) (23 F.R. 2897), and any amendments thereto, to such multiple farm producer, he must be entitled to receive a marketing certificate for each such farm, wherever situated, in order to be eligible for price support on his 1961 crop of rice. Rice produced in violation of a restrictive lease on federally-owned land shall not be eligible for price support.§ 421.430 Effect of unknowingly exceed
ing farm rice acreage allotment ; method of determination.
The rice acreage on a farm shall not be deemed to be in excess of the rice acreage allotment for the purpose of price support unless the operator knowingly exceeded such allotment. If the rice acreage allotment is in fact exceeded, such allotment shall be considered as having been knowingly exceeded unless the operator of the farm establishes to the satisfaction of the county committee in accordance with paragraph(a), (b), or (c) of this section that he has not knowingly exceeded his allotment and the determination of the county committee is approved on review by the State administrative officer.
(a) Erroneous notice o f acreage allotment. The rice acreage allotment for the farm will not be considered to be knowingly exceeded in any case where through error in a county or State office the farm operator was officially notified in writing of a rice acreage allotment for the 1961 crop which was larger than the finally approved acreage allotment, and the farm operator or any producer on the farm acting solely on the information contained in the erroneous notice planted an acreage to rice in excess of the finally approved acreage allotment, and where the other conditions of this paragraph are satisfied. The determination of eligibility for price support for the farm under the foregoing circumstances will be based on the acreage allotment Contained in the erroneous notice, and if the acreage planted to rice on the farm is adjusted to the allotment contained in the erroneous notice within the time limits for disposal of excess acreages provided in 7 CFR 730.955 (23 F.R. 2897), and any amendments thereto, the farm will not be considered to be overplanted. Before the farm operator or any producer on the farm can be said to have relied upon
the erroneous notice, the circumstances must have been such that he had no cause to believe that the acreage allotment notice was in error. To determine this fact, the date of any corrected notice in relation to the time of planting, the size of the farm, the amount of rice customarily planted and all other pertinent facts shall be taken into consideration.
(b) Erroneous notice o f measured acreage. The rice acreage allotment for the farm will not be considered to be knowingly exceeded in any case where(1) the lack of compliance was caused by reliance in good faith by the farm operator on an erroneous notice of measured acreage issued in accordance with applicable regulations; (2) neither the farm operator nor any producer on the farm had actual knowledge of the error in time to adjust the excess acreage in accordance with applicable regulations; (3) the incorrect notice was the result of an error made by the performance reporter or by another employee of the county or State office in reporting, computing or recording the rice acreage for the farm; (4) neither the farm operator nor any producer on the farm was in any way responsible for the error; and (5) the extent of the error in the erroneous notice was such that the farm operator would not reasonably be expected to question the acreage of which he was erroneously notified.
(c) Failure to m easure acreage or notify operator. The rice acreage allotment for the farm will not be considered to be knowingly exceeded in any case where through no fault of the farm operator or any producer on the farm the rice acreage was not measured or the farm operator was not notified of the measured acreage in time to dispose of the excess acreage prior to the final date for the disposition of excess acreage: Provided, That the excess acreage was relatively small and the farm operator establishes that because of the relative smallness of the excess and the unavailability to him of any recent measurements of the field acreages on the farm, he had no reason to believe the rice acreage was in excess of the farm acreage allotment. Nothing in this paragraph (c) shall affect any producer’s liability for penalties on excess rice determined under the rice marketing quota regulations for 1958 and subsequent crop years (7 CFR 730.950 to 730.955; 23 F.R. 2897), and any amendments thereto.§ 421.431 Application for review and
request for reconsideration.Any producer Who is dissatisfied with
any determination with respect to compliance with his farm rice acreage allotment may, within 15 days after the date of mailing to him of Form MQ-24-1, “Notice of Farm Acreage Allotment and Marketing Quota,” or Form MQ-93-— Rice, “Notice of Farm Marketing Quota and Farm Marketing Excess of Rice,” file a written application for review of such determination by a review committee: Provided, That such application for review is based on a determination which the producer has the right to have reviewed under 7 CFR 711.13 (21 FJt-
FEDERAL REGISTER 4281Wednesday, May 17, 1961
9365), and any amendments thereto. Unless application for review is made within such 15-day period, such determination shall be final.
Effective date. These regulations shall become effective on the date of publication in the F ederal R egister.
Signed at Washington, D.C., on May 12,1961.
H. D. Godfrey, Administrator,
Commodity Stabilization Service.[FR Doc. 61-4537; Filed, May 16, 1,961;
8:51 a.m.]
Title 7— AGRICULTUREChapter VII— Commodify Stabiliza
tion Service (Farm Marketing Quotas and Acreage Allotments), Department of Agriculture
PART 730— RICESubpart— 1961-62 Marketing Year
Determination of County Normal Y ields for 1961 Crop
The regulations contained in § 730.1208 are issued pursuant to and in conformity with the rice marketing quota provisions of the Agricultural Adjustment Act of 1938, as amended, including the amendments to section 301 of that Act which are contained in section 502 of the Agricultural Act of 1956. These amendments provide definitions for county normal yields as follows:
(D) “Normal yield” for any county, in the case of rice, shall be the average yield per acre of rice for the county during the five calendar years immediately preceding the year for which such normal yield is determined, adjusted for abnormal weather conditions and for trends in yields. If for any such year data are not available, or there is no actual yield, an appraised yield for such year, determined in accordance with regulations issued by the Secretary, taking into consideration the yields obtained in surrounding counties during such year and the yield in years for which data are available, shall be used as the actual yield for such year.
(F) In applying subparagraphs (D) and (E), if on account of drought, flood, insect pests, plant disease, or other uncontrollable natural cause, the yield for any year of such five-year period is less than 75 per centum of the average, 75 per centum of such average shall be substituted therefor in calculating the normal yield per acre. If, on accpunt of abnormally favorable weather conditions, he yield for any year of such five-year period
is in excess of 125 per centum of the average, P,er centum of such average shall be sub-
therefor in calculating the normal yield per acre.
Prior to the issuance of the regulati iS^ermining county normal yi
or 1961 and the determination of cot y«elds thereunder, public no
with*?' 9059) was given in accorda the provisions of the Administra
procedure Act (5 U.S.C. 1003). No d tw f l 0r rec°mmendations pertair notice WGre submitted Pursuant to s
730.1208 is issued to proi egulations for determining con
normal yields and to proclaim the yields for the 1961 crop of rice determined thereunder.§ 730.1208 County normal yields for
1961 crop rice.(a) Regulations. C o u n t y normal
yields for 1961 crop rice shall be determined by computing the average yield per harvested acre of rice for each county producing rice during the years 1956 through 1960, adjusted for abnormal weather conditions and other uncontrollable natural causes and for trends in yields. Where data for any year are not available, or there was no actual yield, an appraised yield for such year shall be determined on the basis of the yields obtained in surrounding counties during such year and the yield in years for which data are available. Adjustments for abnormal weather conditions and other uncontrollable natural causes shall be made as follows: For any annual yield, including an appraised yield, which is less than 75 per centum of the five-year (1956-60) average yield, 75 per centum of such average shall be substituted therefor; and for any annual yield, including an appraised yield, which is in excess of 125 per centum of the five-year (1956-60) average yield, 125 per centum of such average shall be substituted therefor. The adjustment for trends in yields shall be made by computing the simple average of (1) the 1956-60 average yield per harvested acre of rice for the county, adjusted for abnormal weather conditions and other uncontrollable natural causes as provided in the preceding sentence, and (2) the 1959-60 average yield per harvested acre of rice for the county, similarly adjusted.
(b) Statistical data. Section 301(c) of the Agricultural Adjustment Act of 1938, as amended, provides that “The latest available statistics of the Federal Government shall be used by the Secretary in making the determinations required to be made by the Secretary under this act.” In accordance therewith, the annual yields of rice for counties in the States of Arkansas, California, Louisiana, Mississippi, Missouri, and Texas used in the determination of county normal yields in this section were the latest official yields determined by the Statistical Reporting Service of the Department, on the basis of its estimate of harvested acres and production of rice in applicable counties of these States during each of the years 1956 through 1960. In the minor rice-producing States of Florida, Illinois, North Carolina, Oklahoma, South Carolina, and Tennessee where no official estimates of county rice yields were available the annual rice yields for the years 1956 through 1960 used in determining the county normal yields in this section for the applicable counties in these States were obtained by special surveys covering all farms producing rice in any of the calendar years 1956 through 1960.
(c) Proclam ation o f county norm al yields. County normal yields for 1961 crop rice, determined in accordance with paragraphs (a) and (b) of this section, are as follows:
Arkansas
Normalyield
County (pounds)A rkansas___ 3,484Ashley ______3,048Chicot_______3,080Clark________2, 684Clay ______ _ 3,258Conway ____ 2,939C raighead__ 3,448C rittend en_3, 004Cross________3,252Dallas . . . ____ 2,894D esh a_______3,188D rew ________3,136Fau lk n er___ 3,110G ra n t______ 2,840G reen e_____3,231Hot Spring . .. 3,181 Independence. 3,204Ja ck so n ____ 3,291Jefferson__ _ 3,162
Normalyield
County (pounds)L afayette___ 2, 426Law rence___ 3, 323Lee _________3, 022L in c o ln __ _ 3,162Little R iver_2, 880Lonoke_____ 3,337M iller_______2,562Mississippi__ 2,840Monroe_____3,235P erry____ ___2, 793Phillips ____ 2,876P oin sett_____3, 404Prairie _____ 3, 426Pulaski_____ 2, 958Randolph___ 2, 994St. F ra n c is_3,214W h ite _______3,098W oodruff___ 3, 304
S ta te _____ 3, 302California
Butte _ ____ 4,772 Riverside___ 2, 000Colusa ____ 4,615 Sacramento _ 4, 665Fresno ____ 3,838 San Joaquin _ 3,990Glenn ____ 4,760 Stanislaus__ 4,083Imperial ----- 1,825 Sutter ____ „ 4, 870K e rn ___......... 3, 190 Tulare _____ 3,188Kings . . .____ 2,392 Yolo _______ 4, 790Madera .____ 3,942 Yuba ______ 3,845Merced ____ 3,910 State _____ 4, 546Placer -------3,475
F loridaPalm B e a c h ___________ ____________ 1,810
Illin o isAdams _________________________ ____ 2,887
L ouisiana
Normal Normalyièld yield
County (pounds) County (pounds)A cad ia____ _ 2,908 Lafaurche ___ 2, 648A llen ._____ . 2, 806 Madison____ 3, 895A scension__ 2,510 Morehouse _ 3, 565Assumption _ 2,510 R ap id es____ 2,678Avoyelles__ - 2,760 Richland _. 3,558Beauregard __ 2,222 St. Charles 2,605Bossier____ . 3,595 St. Ja m e s__ 2,475Calcasieu ___ 2,460 St. John theC am eron__ _ 2,465 B ap tist___ 2, 448Concordia__ 3,215 St. L a n d ry_ 2, 900East Carroll _ 3,890 St. Martin __ 2, 795Evangeline __ 2,851 St. M a ry ___ 2, 725F ra n k lin __ _ 3,753 St. Tammany. 2, 121Grant - 2,728 Tensas 3, 593Ib e ria_____ _ 2,535 Terrebonne 2, 438Iberville - 2,530 V erm ilion__ 2,892Jefferson West Carroll _ 3, 580
D a v is___Lafayette __
_ 2,872 _ 2,860
State ____ 2, 819
Mis s is s ip p i
Bolivar __ __ 2,752 Q u itm an___ 2,972Coahoma___ 3,142 S harkey____ 2, 893De Soto __ . 3,318 Sunflower__ 3,026Hancock ___ 2,532 Tallahatchie . 2,653Humphreys __ 2,732 Tate ________ 2, 167Issaquena __ . 2,154 T u n ica ______ 3, 100L eflore___ ._ 2,737 Washington __ 2, 922P a n o la___ 3,083 State _____ 2, 861
Missouri
Butler ___ __ 3,442 P em iscot___ 3, 299D u n k lin_. . 3,196 Ripley _____ 3,149Lewis ____ ._ 2,684 St. Charles . . 2, 710Lincoln___ __ 2,760 S co tt__ _____ 3, 206M arion___ __ 2,924 Stoddard ___ 3, 390Mississippi 3,015 State _ ___ 3,304New Madrid __ 3,175
North CarolinaBrunswick . 1,890Hyde _____ 1,656
State ___ 1, 711
4282 RULES AND REGULATIONSOklahoma Normal
yieldCounty (pounds)
McCurtain 8,469South iCarolina
Normal Normalyield yield
County (pounds) County (pounds)Berkeley _— 1,468 H o rry ___ . . . . 1,679Charleston __ 1,225 Jasper ____ . . . 1,872Colleton__ _ 995 Kershaw____1,078Georgetownl „ 990 State __ ___ 1,495
TennesseeD yer_____ 4,052F a y e tte __ ___ 2,095Lauderdale ___3,458
State __ __ 3,776Texas
Normal Normalyield yield
County (pounds) County (pounds)Austin _ _. . . 3,182 Liberty — ___2,952B ow ie___ ___ 2,820 Matagorda ___ 3,315Brazoria ___ 2,892 Newton — ___3,068Calhoun_ 3,082 Orange _ -___2,868Chambers — 2,930 Polk_____ . __ 2,830Colorado _— 3,258 San Jacinto __ 2, 560Fort Bend 3,235 Victoria ___3,170Galveston — 3,038 Walker-Hous-H ard in__ — 3,002 t o n ----- ___ 2,565Harris __ ■ 3,122 W aller----- 3,112Ja ck so n____ 3,302 Washington _ 3,063Jasper ----- ___ 2,898 Wharton .___ 3,232Jefferson ___ 2,860 State __ . __ 3,082Lavaca __ — 3,160(Secs. 301, 375, 52 Stat. 38, as amended by70 Stat. 212, 52 Stat. 66, as amended; 7 U.S.C.1301, 1375)
Effective date: Date of publication.Signed at Washington, D.C., on May
12, 1961.H. D. Godfrey,
Administrator,Commodity Stabilization Service.
[F.R. Doc. 61-4539; Filed, May 16, 1961; 8:51 am .]
Title 14— AERONAUTICS AND ~ SPACE '
Chapter II— Civil Aeronautics Board 11 SUBCHAPTER B— PROCEDURAL REGULATIONS
[Reg.^No. PR-48]
PART 300— PRINCIPLES OF PRACTICEOF CIVIU AERONAUTICS BOARD
Miscellaneous AmendmentsMay 12, 1961.
Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the 12th day of May 1961.
On December 1, 1960, the Board adopted Amendment No. 1 (Regulation PR-43, 25 F.R. 12430) to Part 300 (14 CPR Part 300). This amendment defined private communication on the merits, established guidelines as to what constitutes improper solicitation, and determined at what stage of a proceeding the Board’s Principles of Practice become applicable^
Since the adoption of this amendment the Board has received comments suggesting certain clarifying amendments of Part 300. The Board has reviewed these comments and concludes that sev
eral of the suggestions should be adopted. These comments and suggestions are discussed in the context of the preamble to PR-47, amending Part 302, issued simultaneously herewith.
Since these amendments are procedural rules, notice and public procedure hereon are not required and the amendments may be made effective upon less than 30 days notice.
In consideration of the foregoing, the Board, effective May 17, 1961, amends Part 300—Principles of Practice of the Civil Aeronautics Board (14 CFR- Part 300) by:
1. Amending § 300.2 by deleting the second sentence of the first paragraph and inserting in lieu thereof the following: “Therefore, from the time of filing of an application or petition which can be granted by the Board only after notice and hearing, or, in case of other matters, from the time of notice by the Board that such matters shall be determined after notice and hearing upon a record or that its Principles of Practice shall be applicable thereto:''
2. Amending § 300.2(d) to read:(d) It is improper that there be any
effort by any person interested in the case to sway the judgment of the Board by attempting to bring pressure or influence to bear upon the Members of the Board, its staff or the examiner in the case, or that such person or any member of the Board’s staff or an examiner, directly or indirectly, give statements to the press or radio, by paid advertisements or otherwise, designed to influence the Board’s judgment in the case.
3. Amending § 300.2(e) to read:(e) It is improper that any person
solicit communications to the Board or any of its members or its staff or to the examiner in the case other than proper communications by parties or non-parties permitted under Rules 14 and 15 of the Board’s rules of practice. Anybody soliciting the support of another person shall call such person’s attention to the provisions of Rules 14 and 15.(Sec. 204(a), 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply sec. 1001, 72 Stat 788; 49 U.S.C. 1481)
By the Civil Aeronautics Board.[seal] J ames L. Deegan,
Acting Secretary .[F.R. Doc. 61-4521; Filed, May 16, 1961;
8:49 a.m.]
[Reg. No. PR—47]
PART 302— RULES OF PRACTICE IN ECONOMIC PROCEEDINGS
Miscellaneous AmendmentsMay 12, 1961.
Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the 12th day of May 1961.
On December 1,1960, the Board issued a notice of proposed rule making, PDR-4, Docket 11221, 25 FJR. 12477, proposing, an amendment to § 302.14 of the Board’s rules of practice (14 CFR 302.14) which would permit persons who are not parties to a proceeding to appear, and/or
submit written statements, only at the hearing stage of the proceeding. At the same time, in PR-44 the Board amended § 302.14 (14 CFR 302.14), to provide for a procedure whereby interested persons other than parties may request that a proceeding be expedited, and in PR-43 adopted as final rules certain amendments to Part 300—Principles of Practice of the Civil Aeronautics Board (14 CFR Part 300).
Comments and suggestions in response to the notice have been received from a number of interested persons, including Members of Congress,144 attorneys practicing before the Board (Practitioners), two state aviation commissions, one air carrier, and one city aviation commission.
After consideration of all relevant matter presented, the Board has decided to adopt the amefidments to § 302.14 substantially as proposed in the notice.
Section 302.14 is applicable to cases which are decided by the Board upon a formal record after notice and hearing. Elimination of oral argument by non- parties from the formal record will accomplish two desirable objectives: (1) it will enhance the judicial character of Board proceedings in hearing cases since it will exclude the filing of statements with the Board at a time when the parties can no longer introduce evidence in support or rebuttal of factual matter therein, and will make possible enforcement of the rule that factual references in oral argument must be based solely on the evidence contained in the formal record; and (2) it will expedite Board procedures since only parties will be allowed to present oral argument.
Comments in opposition to the amendment took the position that participation in oral argument before the Board provides the best available means for giving members of the Congress an understanding of the problems confronting the Board; that in the formulation of the overall policy, the Board needs the observations and opinions of Congressmen and State officials, which can be obtained by permitting such persons to present oral argument or submit written statements to the Board; that it is democratic and right for the Board to hear members of Congress and other non- parties; and that the amendment is not necessary for the protection of the Board’s processes. One comment suggested that representatives of the Federal or State Governments should be permitted to present oral argument if they file a written statement on the issues at the hearing stage. of the proceeding.
These arguments do not appear to be well taken. The best way for obtaining an understanding of overall Board problems is not presenting oral argument in a litigated case. Members of Congress can more readily obtain a complete understanding of Board problems from other sources such as the Board’s Annual Report to the Congress and testimony on behalf of the Board or by indus-
1 In addition to the notice provided in the F ederal* R egister, the Board advised eac Member of Congress of the proposed amendment by letter dated Dec. 1,1960.
Wednesday, May 17, 1961
try representatives before Congressional committees. It should be noted that the amendment of Rule 14 will not exclude Congressmen and State officials from Board proceedings; it will only require that they appear at the hearing or submit a statement prior to the close of the hearing in order to give the parties to the proceedings an opportunity to support or rebut such statement. The suggested procedure of permitting non- parties to file, at the hearing stage, a statement of issues which they intend to raise in oral argument does not appear feasible. The issues to be discussed at oral argument can be determined only after the examiner’s decision has been issued. The Board believes that this amendment is necessary to further implement the provisions of sections 5(a) and 7(d) of the Administrative Procedure Act in formal Board proceedings.
The Practitioners also suggested that the Board amend § 302.8(a) (2) to require service of all documents on persons whose petition for consolidation or intervention is pending before the Board. The Board is of the view that this proposal is too broad. I t believes, however, that, in certificate cases, motions by parties and non-parties to expedite a proceeding should be served on persons who have requested intervention or consolidation. Therefore, §§ 302.8 and 302.14(a) will be so amended. These amendments will further implement the Board’s recent amendment to § 300.2(b) of its principles of practice, in which it is specifically provided that requests for expeditious treatment of a pending application are considered communications on the merits. The Board also concludes that in order to afford timely information to all parties, any protests or memoranda in opposition or support of an application filed pursuant to sections 401 and 402 o i the Act should be filed and served before the close of the hearing, and §§ 302.6 and 302.14 will be amended accordingly.
With respect to Practitioners’ comments and suggestions pertaining to Part 300, the Board’s principles of practice, the Board concludes that several of the suggestions have merit and should be adopted.2
Currently effective ,§ 300.2 provides that the principles of practice apply from the time of filing of an application
or petition which is to be passed upon ^0ar^ after notice and hearing
* * *” The wording of this rule is such that it could be interpreted as not applying to applications and petitions which, m the Board’s discretion, may be denied without notice and hearing, although they could be granted only after notice and hearing. Such interpretation would be contrary to the Board’s intent. Consequently, § 300.2 will be amended to provide that Part 300 applies from the une of filing of an application or peti- ion for relief that can be granted by the oard only after notice and hearing.
iRBiS68? an?endments are set forth in PR-48 d simultaneously herewith.
No. 94----- 2
FEDERAL REGISTERSection 300.2(d) specifically prohibits
attempts to pressure or influence Members of the Board or any member of the Board’s staff. In adopting this rule the Board intended it to be applicable to examiners. In light of comments received the Board has decided to amend the rule to specifically prohibit attempts to pressure or influence examiners.
Section 300.2(e) presently prohibits parties from soliciting improper communications. The Board agrees with comments received that this rule should be expanded to apply to all persons.
Since the foregoing amendments to Part 302 are procedural rules, notice and public procedure hereon are not required and the amendments may be made effective on less than 30 days notice.
In consideration of the foregoing, the Board, effective May 17, 1961, amends Part 302—Rules of Practice in Economic Proceedings (14 CPR Part 302) as follows:
1. By changing the section head of § 302.6 to Answers, protests or m em oranda and adding a sentence to read as follows: “Protests or memoranda of opposition or support, whiere permitted by statute, shall be filed before the close of the hearing in the case to which they relate, and shall be served as provided in § 302.8(a)(2).”
2. By deleting the text of § 302.8(a) (2) and substituting the following:
(2) The parties. Answers, petitions, motions, briefs, exceptions, notices or any other documents filed by any party or other person with the Board or an examiner shall be served by the person filing such document upon all parties to the proceeding in which it is filed; provided that motions to expedite filed in any proceeding conducted pursuant to sections 401 and 402 of the Act, shall, in addition, be served on all persons who have petitioned for intervention in or consolidation of applications with such proceeding. Proof of service shall accompany all documents when they are tendered for filing.
3. By deleting the phrase “upon all parties to the case” in the last sentence of § 302.14(a).
4. By deleting the third and last sentences of § 302.14(b) and inserting in lieu thereof the following text: “Such persons may also present to the examiner a written statement on the issues involved in the proceeding. Such written statements, or protests or memoranda in opposition or support where permitted by statute, shall be filed and served on all parties prior to the close of the hearing.”
5. By deleting § 302.14(c).(Sec. 204(a), 72 Stat. 743; 49 U.S.C. 1324. Interpret or apply sec. 1001, 72 Stat. 788; 49 U.S.C. 1481, and secs. 5, 7 and 12 of the Administrative Procedure Act, 60 Stat. 239, 241, 244; 5 U.S.C. 1004, 1006, 1011)
By the Civil Aeronautics Board.[ seal] J ames L. Deegan,
Acting Secretary,[P.R. Doc. 61-4520; Piled, May 16, 1961;
8:49 a.m.]
. 4283
Chapter III— Federal Aviation Agency SUBCHAPTER C— AIRCRAFT REGULATIONS
[Reg. Docket No. 743; Amdt. 287]
PART 507— AIRWORTHINESS DIRECTIVES
Beech Model 35 AircraftAs a result of possible failure due to
cracking of the wing carry through truss spars, AD 56-25-1 (22 P.R. 2421) requiring repetitive inspections was issued to require inspection of the front and rear carry through steel trusses, and the repair or replacement of affected truss assemblies. Recently, within a four month period, two complete failures have occurred in the lower spar cap of the front carry through truss. One of these failures in flight resulted in a fatal accident. Examination of both failures disclosed the existence of an apparently old crack in the spar prior to failure, indicating that the present inspections required by AD 56-25-1 are inadequate. To preclude the complete failure of either carry through- truss assembly, and probable separation of a wing in flight, it is necessary to require a rëvised and more thorough inspection of the carry through trusses and the repair or replacement of defective assemblies. In view of the serious safety hazard involved, AD 56- Í25-1 is being superseded by a new directive.
In the interest of safety, notice and public procedure hereon are impracticable and good cause exists for making this amendment effective upon publication in the F ederal R egister.
In consideration of the foregoing, and pursuant to the authority delegated to me by the Administrator (25 F.R. 6489), § 507.10(a) of Part 507 (14 CFR Part 507), is hereby amended by adding the following new airworthiness directive.B eech . Applies to all Model 35 aircraft Serial
Numbers D -l through D-1500.Compliance required within the next 50
hours’ time in service unless already accomplished within the last 50 hours and at each 100 hours’ time in service thereafter.
Service records disclose that the visual inspections required by previous issues of this airworthiness directive have not adequately covered the entire wing center section carry through steel trusses, therefore the following inspection must be accomplished.
In order to gain access to the forward and rear trusses remove the front seat bottom, rear seat, front spar forward partition, rear spar partition and all floorboards adjacent to the forward and rear spars and disconnect the air duct located on the right side of the forward spar^ Also remove any other adjacent installations as found necessary for access.
Inspect the center section front and rear wing carry through spar steel trusses for cracks, using either magnetic particle or dye penetrant inspection method or a thorough visual inspection with adequate lighting, a three power magnifying glass and mirror. The entire truss must be inspected; however, the areas most prone to cracks are the tubes and end fittings adjacent to the four wing attach points on. each truss, and in the center sections where the diagonal and vertical braces attach. Boiled linseed oil or lin- oil deposits on the truss exterior are likely indications of a crack through the tube wall.
4284 RULES AND REGULATIONSParticular attention should be given to areas near welds.
If cracks are found, prior to the next flight the affected truss must either be replaced or repaired In accordance, with the procedures outlined in Beech Service Bulletin 35-24, as revised March 1961, or FAA approved equivalent.
(Beech Service Bulletin No. 35-24, as revised March 1961, covers this same subject.)
This supersedes AD 56-25-1 (22 F.R. 2421). •
This amendment shall become effective May 17,1961.(Sec. 313(a), 601, 603; 72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), 1421,1423)
Issued in Washington, D.C., on May 10, 1961.
Oscar B akke,Director,
Bureau o f F light Standards.[P.R. Doc. 61-4490; Filed, May 16, 1961;
8:45 a.m.]
[Reg. Docket No. 745; Arndt. 46]
PART 514— TECHNICAL STANDARD ORDERS FOR AIRCRAFT MATERIALS, PARTS, PROCESSES AND APPLIANCES
0 TSO—Cl 2c Life Rafts (Twin Tube)Minimum performance standards for
life rafts (twin tube) for use on civil aircraft of the United States established in § 514.22 (24 F.R. 7521) are revised to permit exception to the industry standard for the gas release cable length. The requirement for gas release cables to be identical in length and not exceed 30 inches is not compatible with the packaging of rafts for stowage in je t transport aircraft. The requirement related to standardization and does not affect the performance of rafts which meet the other requirements of § 514.22.
Since this amendment relieves a restriction and imposes no burden on the public, notice and public procedure hereon are unnecessary and good cause exists for making this amendment effective on less than 30 days’ notice.
In consideration of the foregoing, and pursuant to the authority delegated to me by the Administrator (25 F.R. 6489), Part 514 of the Regulations of the Administrator (14 GFR Part 514) is hereby amended by revising § 514.22 to read as follows :§ 514.22 Life rafts (tvtfn tube)— TSO—
C12c.(a) Applicability— (1) Minimum per
form ance standards. Minimum performance standards are hereby established for life rafts (twin tube) which specifically are required to be approved for use on civil aircraft of the United States. New models of life rafts manufactured on or after October 15, 1959, shall meet the standards set forth in the ATA Specification No. 800, “Airline Life Rafts,” dated May 1, 1958,1 with the additional requirements shown in subparagraph (2) of this paragraph, and the
1 Copies may be obtained from the Air Transport Association, 1000 Connecticut Avenue NW., Washington 6, D.C.
exceptions listed in subparagraph (3) of this paragraph. Life raft models approved by the Administrator prior to the effective date of this section may continue to be used under the provisions of their original approval until they are no longer seaworthy.
(2) Additional requirements. The degree of inflation shall be such that the raft will be “rounded-out” (i.e., attain its design shape and approximate dimensions) to be able to receive the first occupant within one minute after the start of inflation. Thereafter, inflation during boarding by the remainder of occupants shall be sufficient to ensure a serviceable and rigid raft.' (3) Exceptions. For the purpose of this section, conformance is not required with the provision of section 4.2.8 of ATA Specification No. 800 that the length of the installed gas release cables be identical and not exceed 30 inches.
(b) Marking. In lieu of the marking requirements specified by § 514.3, the marking instructions contained in ATA Specification No. 800 shall be acceptable and, in addition, each life raft shall be permanently marked with the Technical Standard Order designation, FAA-TSO- C12c, to identify the life raft as meeting the requirements of this section.
.(c) D ata requirements. (1) One copy each of the manufacturer’s operation and inflation instructions, schematic diagrams, and installation procedures shall be furnished the Chief, Engineering and Manufacturing Division, Bureau of Flight Standards, Federal Aviation Agency, Washington 25, D.C., with the statement of conformance.
(2) The raft manufacturer must also provide the purchaser with applicable limitatiens pertaining to installation of rafts on aircraft. These limitations shall include the minimum and maximum stowage area temperatures and any other limitations which will prevent the raft from performing its intended function and complying with the minimum performance standards under all reasonably foreseeable emergency conditions.
Effective date. May 17,1961.(Secs. 313(a), 601; 72 Stat. 752, 775; 49 U.S.C. 1354(a),1421)
Issued in Washington, D.C., on May 11, 1961.
Oscar B akke,Director,
Bureau o f Flight Standards.[FR . Doc. 61-4491; Filed, May 16, 1961;
8:45 a.m.]
[Reg. Docket No. 717; Amdt. 216]
PART 609— STANDARD INSTRUMENT APPROACH PROCEDURES
Miscellaneous Amendments Correction
In F.R. Doc. 61-3469, appearing at page 3859 of the issue for Thursday, May 4, 1961; In the last list of data and instructions under item 2, in the sentence beginning “If visual contact”, the phrase reading “climb to 2000' on W crs” should read “climb to 2100' on W crs”.
Title 16— COMMERCIAL PRACTICES
Chapter I— Federal Trade Commission[Docket 7910]
PART 13— PROHIBITED TRADE PRACTICES
G. & M., Inc., et al.Subpart—Advertising falsely or mis
leadingly: § 13.70 Fictitious or misleading guarantees; § 13.260 Terms and conditions.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 UJS.C. 45) [Cease and desist order, G. ft M., Inc., etc., Washington, D.C., Docket 7910, February 8,1961]
In the M atter o f G. & M., Inc., a Corporation, Trading as Gabby’s Auto Discount and G abriel Bobrow, Alias Gabby McCoy, Individually and as an Officer o f Said CorporationOrder requiring used automobile deal
ers in Washington, D.C., to cease advertising falsely in newspapers and otherwise that used automobiles could be purchased from them on credit for as little as $1 down and terms as low as $8.69 per week, could be financed as bank rate terms, and were fully warranted up to 10,000 miles.
The order to cease and desist is as follows:
It is ordered, That respondents G. & M., Inc., a corporation doing business under its own name or trading as Gabby’s Auto Discount, or under any other name, and its officers, and Gabriel Bobrow, alias Gabby McCoy, individually and as an officer of said corporation, and respondents’ agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale, sale or distribution of used automobiles in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, directly or by implication, that:
1. Used automobiles will be delivered to purchasers upon the payment of one dollar or any other amount, or without a payment, unless after purchaser makes such payment, or the sale is made without a down payment, the automobile is in fact ¡put into the purchaser’s unrestricted possession;
2. They offer or make available bank rate financing, or that the financing rate under which used automobiles are sold is any rate not in accordance with the facts;
3. Terms as low as $8.69, or any other amount, per week, month, or any other period, are available to purchasers, unless such is the fact;
4. Used automobiles are warranted unless the nature and extent of the warranty and the manner in which the warrantor will perform are clearly set forth, and, if a charge is made for the warranty, such fact and the amount of the service charge are clearly disclosed.
FEDERAL REGISTER 4285Wednesday, May 17, 1961
By “Décision of the Commission”, etc., report of compliance was required as follows:
It is ordered, That respondents G & M, Inc., a corporation, trading as Gabby’s Auto Discount and Gabriel Bobrow, alias Gabby McCoy, individually and as an officer of said corporation, shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied with the order to cease and desist.
Issued: February 8,1961.By the Commission.[seal] R obert M. P arrish,
Secretary.[F.R. Doc. 61-4495; Filed, May 16, 1961;
8:46 a.m.]
[Docket 7980 c.o.]
PART 13— PROHIBITED TRADE PRACTICES
Ritz Thrift Shop, Inc., et al.Subpart—Invoicing products falsely:
§13.1108 Invoicing products fa lsely : 13.1108-45 Fur Products Labeling Act. Subpart—Misbranding or mislabeling: § 13.1212 Formal regulatory and statutory requirements: 13.1212-30 Fur Products Labeling Act. Subpart—Neglecting, unfairly or deceptively, to make material disclosure: § 13.1852 Form al regulatory and statutory requirem ents: 13.1852-35 Fur Products Labeling Act.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; sec. 8, 65 Stat. 179; 15 TJ.S.C. 45, 691) [Cease and desist order, Ritz Thrift Shop, Inc., et al„ New York, N.Y., Docket 7980, February 3, 1961] ,
In the Matter o f Ritz T hrift Shop, Inc., a Corporation, R aphael K aye, Daniel Kaye and Milton K osof, Individually and as Officers o f Said CorporationConsent order requiring New York
City furriers to cease violating the Fur Products Labeling Act by failing to set forth the term “Persian Lamb” properly, misusing the term “blended”, and failing in other respects to comply with labeling and invoicing requirements.
The order to cease and desist is as follows: -
It is ordered, That Ritz Thrift Shoi p ’ a corporation and its officers, an Raphael Kaye, Daniel Kaye and Milto: Kosof, individually and as officers of sai oiporation, and respondents’ represent
es’ ®Sejits and employees, directly o trough any corporation or other devict , J l neCtlon wi^ introduction int offprimrCf’ 0r the Sale’ advertising, o trQT ns sale in commerce, or th ^ p o r ta tio n or distribution in com with 6thf fuii pr°ducts, or in connectioi sal? K f Sale( advertising, offering fo fur nm!inS?0r^ ' io11’ or distribution o oriifnnv?'ct®.which are made in who!ana ? S ? e a taWi iCh has been shippe< mere/««?! » m commerce, as “com
* fur and “fur product” are de
fined in the Fur Products Labeling Act, do forthwith cease and desist from:
1. Misbranding fur products by:A. Failing to affix labels to fur prod
ucts showing in words and figures plainly legible all the information required to be disclosed by each of the subsections of section 4(2) of the Fur Products Labeling Act;
B. Failing to set forth the term Persian Lamb where an election is made to use that term instead of Lamb;
C. Setting forth on labels affixed to fur products:
1. The term “blended” as part-of the information required under section 4(2) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder to describe the pointing, bleaching, dyeing or tip-dyeing of furs;
2. Information required under section 4(2) of the Fur Products Labeling Act
• and the rules and regulations promulgated thereunder mingled with non- required information.
2, Falsely or deceptively invoicing fur products by:
A. Failing to furnish to purchasers of fur products invoices showing all the information required to be disclosed by each of the subsections of section 5(b) (1) of the Fur Products Labeling Act;
B. Failing to set forth the term Persian Lamb where an election is made to use that term instead of Lamb;
C. Failing to set forth the term Persian Broadtail Lamb where an election is made to use that term instead of Lamb;
D. Setting forth on invoices pertaining to fur products the term “blended” as part of the information required under section 5(b)(1) of the Fur Products Labeling Act and the rules and regulations promulgated thereunder to describe the pointing, bleaching, dyeing or tipdyeing of furs.
By “Decision of the Commission”, etc., report of compliance was required as follows:
It is ordered, That Ritz Thrift Shop, Inc., a corporation and its officers, and Raphael Kaye, Daniel Kaye and Milton Kosof, individually and as officers of said corporation, shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied with the order to cease and desist.
Issued: February 3, 1961.By the Commission.[seal] R obert M. P arrish,
Secretary.[F.R. Doc. 61-4496; Filed, May 16, 1961;
8:46 a.m.J
[Docket 8071 c.o.]
PART 13— PROHIBITED TRADE PRACTICES
Rootes Motors, Inc., et al.Subpart—Advertising falsely or mis
leadingly: § 13.205 Scientific or other relevant facts; § 13.225 Services.
(Sec. 6, 38 Stat. 721; 15 UJS.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 D.S.C. 45) [Cease and desist order, Rootes Motors Inc., et al., Long Island City, N.Y., Docket 8071, Febrnary 2, 1961]
In the M atter o f Rootes Motors Incorporated, a Corporation, and Jo h n T.Panics and Peter Lloyd-Owen, Individually and as Officers o f Said CorporationConsent order requiring Long Island
City, N.Y., distributors of imported cars to cease representing falsely in advertising in newspapers and periodicals that parts and services were immediately available to purchasers of their automobiles in all areas of the United States.
The order to cease and desist is as follows:
I t is ordered, That Respondent Rootes Motors Incorporated, a corporation, and its officers and Respondents John T. Panks and Peter Lloyd-Owen, individually and as officers of said corporation, and Respondents’ agents, representatives and employees, directly or through any corporate or other device, in connection with the offering for sale and sale of automobiles in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from representing, directly or by implication, that parts and service for said automobiles are immediately available in any area of the United States where such parts and service are not in fact so available.
By “Decision of the Commission”, etc., report of compliance was required as follows:
I t is ordered, That respondents Rootes Motors Incorporated, a corporation, and John T. Panks and Peter Lloyd-Owen, individually and as officers of said corporation, shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing, setting forth in detail the manner and form in which they have complied with the order to cease and desist.
Issued: February 2, 1961.By the Commission.[seal] R obert M. P arrish,
Secretary.[F.R. Doc. 61-4497; Filed, May 16, 1961;
8:46 a.m.]
[Docket 7945 c.o.]
PART 13— PROHIBITED TRADE PRACTICES
Tower Woolen Corp. et al.Subpart—Concealing, obliterating or
removing law required and informative marking: § 13.525 W ool products tags or identification. Subpart—Misbranding or mislabeling: § 13.1185 Composition: § 13.1185-90 Wool Products Labeling Act; § 13.1212 Form al regulatory and statutory requirem ents: § 13.1212-90 Wool Products Labeling Act. Subpart—Neglecting, unfairly or deceptively, to make material disclosure: § 13.1852 Form al
4286 RULES AND REGULATIONS
regulatory and statutory requirem ents:§ 13.1852-80 Wool Products Labeling Act.(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended, secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45, 68) [Cease and desist orders; Tower Woolen Corporation et al. and Jack Forman, individually, all of New York, N.Y., pocket 7945, November 9, 1960]In the M atter o f Tower Woolen Corpo
ration, and Ja c k Form an and R aym ond G arskof (Erroneously R eferred to in the Complaint as Raym ond G ar- sk o ff), Individually and as Officers o f Said CorporationTwo identical consent orders requiring
New York City distributors to cease violating the Wool Products Labeling Act by labeling as “85% wool and 15% camel hair”, wool fabrics which contained substantially less wool and camel hair than thus indicated; by failing to label certain wool products as required; and by removing identifying tags from wool fabrics before selling them to garment manufacturers.
Combining respondents to whom two separate orders were issued, the identical orders to cease and desist are as follows:
It is ordered, That respondents Tower Woolen Corporation, a corporation, and its officers, and Raymond Garskof (erroneously referred to in the complaint as Raymond Garskoif), individually and as an officer of said corporation; and respondent Jack Forman, an individual; and respondent’s representatives, agents and employees, directly or through any corporate or other device, in connection with the introduction into commerce, or the offering for sale, sale, transportation or distribution in commerce, as “commerce” is defined in the Federal Trade Commission Act and the Wool Products Labeling Act of 1939, of wool fabrics or other “wool products”, as such products are defined in and subject to the Wool Products Labeling Act of 1939, do forthwith cease and desist from :
A. Misbranding of such products by:1. Falsely and deceptively stamping,
tagging, labeling or otherwise identifying such products as to the character or amount of the constituent fibers included therein;
2. Failing to affix labels to such products showing each element of information required to be disclosed by section 4(a) (2) of the Wool Products Labeling Act of 1939.'
B. Causing or participating in the removal of any stamp, tag, label or other means of identification affixed to any such “wool product”, pursuant to the Wool Products Labeling Act of 1939, which purports to contain all or any part of the information required by said Act, with intent to violate any of the provisions of said Act.
In the proceeding with regard to Jack Forman, an individual, there was contained the following additional order:
It is fu rther ordered, That the complaint be, and the same hereby is, dismissed as to respondent Jack Forman as an officer of Tower Woolen Corporation.
Reports of compliance were required as follows (combining respondents in
the two separate “Decision of the Commission”, etc.) :
It is ordered, That respondents Tower Woolen Corporation, a corporation, and Raymond Garskof, individually and as an officer of said corporation; and Jack Forman, individually, shall, within sixty (60) days after service upon them of these orders, file with the Commission reports in writing setting forth in detail the manner and form in which they have complied with the orders to cease and desist.
Issued: October 28, 1960.By the Commission.[ seal] R obert M. P arrish,
Secretary.[F.R. Doc. 61-4498; Filed, May 16, 1961;
8:46 a.m.]
Title 19— CUSTOMS DUTIESChapter I— Bureau of Customs,
Department of the Treasury[T.D. 55384]
PART TO—-ARTICLES CONDITIONALLYFREE, SUBJECT TO A REDUCEDRATE, ETC.Products of American Fisheries
Sections 10.78 and 10.79, Customs Regulations, relating to entry of products of American fisheries, amended.
To clarify the phrase “imported by the taking vessel,” in § 10.79, and to eliminate the requirement for entry of products of American fisheries taken on the high seas when they are shipped to the United States by being transferred at sea to another fishing vessel of the same fleet returning to port, the following changes are made in the Customs Regulations:
Section 10.78(a) is amended to read as follows:§ 10.78 Entry.
(a) Except as prescribed in § 10.79(d), no entry shall be required for fish or other marine products taken on the high seas by vessels of the United States or by residents of the United States in undocumented vessels owned in the United States when such fish or other products are brought into port by the taking vessel, or are transferred at sea to another fishing vessel of the same fleet and brought into port.§ 10.79 [Amendment]
The first sentence of § 10.79(a) is amended to read as follows: “When products of American fisheries claimed to be free of duty under paragraph 1730 (a ), Tariff Act of 1930, are imported from a foreign country or its territorial waters by the taking vessel, or are shipped, except as provided for in § 10.78 (a ) , to the United States by the master, owner, or agent of the taking vessel otherwise than in the taking vessel, a declaration, customs Form 3295, of the master of the taking vessel, verified by at least two members of the crew, shall
be required in connection with the entry.”(R.S. 251, sec. 624, 46 Stat. 759; 19 U.SC 66 1624)
[SEAL] D. B . Strubinger,Acting Commissioner o f Customs.
Approved: May 10,1961.A. G ilmore F lu es ,
Assistant Secretary o f the Treasury.
[F.R. Doc. 61-4541; Filed, May 16, 1961; 8:51 a.m.]
Title 21— FOOD AND DRUGSChapter I— Food and Drug Adminis
tration, Department of Health, Education, and Welfare
SUBCHAPTER B— FOOD AND FOOD PRODUCTSPART 121— FOOD ADDITIVES
Subpart C— Food Additives Permitted in Animal Feed or Animal-Feed Supplements
Subpart D— Food Additives Permitted in Food for Human Consumption
Amprolium
The Commissioner of Food and Drugs, having evaluated the data submitted in a petition filed by Merck and Company, Inc., Rahway, New Jersey, and other relevant material, has concluded that the following amended regulations should issue in conformance with section 409(c) (1) and (4) of the Federal Food, Drug, and Cosmetic Act, with respect to the food additive amprolium (l-(4-ami-no-2-ra-propyl-5-pyrimidinylmethyl) -2- picolinium c h l o r i d e hydrochloride), alone or in combination with growth- promoting levels of penicillin and streptomycin. Therefore, pursuant to the provisions of the act (sec. 409(c) (1), (4), 72 Stat. 1786; 21 U.S.C. 348(c) (1), (4), and under the authority delegated to the Commissioner by the Secretary of Health, Education, and Welfare (25 F.R. 8625), the food additive regulations (21 CFR 121.210 (25 F.R. 9224, 11069, 12595); 21 CFR 121.1022 (25 F.R. 9924); 21 CFR 121.1025, 121.1026 (25 F.R. 12596), are amended as follows:
1. Section 121.210 is amended to read:§ 121.210 Amprolium (l-(4-amino-2-n-
propyl-5-pyrimidinylmethyl) -2-pico- linium chloride hydrochloride).
Amprolium (1 - (4-amino-2-7i-propyl-5- pyrimidinylmethyl) -2-picolinium chloride hydrochloride) may be safely used in animal feed when incorporated therein in accordance with the following prescribed conditions:
(a) I t is used for the prevention oi coccidiosis in chickens and turkeys in an am ount, not less than 125 parts per rm - lion (0.0125 percent) nor more than 25U parts per million (0.025 percent) of the finished feed and may be used in combinations as follows:
(1) With one or more of the following antibiotics added as an aid in stimulating the growth and improving tne
FEDERAL REGISTER 4287Wednesday, May 17, 1961
feed efficiency in growing chickens and turkeys:
(i) Penicillin: Not less than 2.4 grams nor more than 50 grams of master standard equivalent per ton of finished feed.
(ii) Streptomycin: Not less than 30 grams nor more than 50 grams per ton of finished feed.
(iii) A combination of penicillin and streptomycin: Not less than 2.4 grams of penicillin and not less than 30 grams of streptomycin and not more than 50 grams of the combination.
(b) To assure safe use of the additive in medicated fed, the label on the additive container or that of any intermediate premix prepared therefrom, shall bear, in addition to the other information required by the act, the following:
(1) (i) The name of the additive.(ii) The name of any antibiotic added
as provided in this section.(2) A statement of the concentration
or strength of the additive contained therein.
(3) A prominent statement that feeds medicated with this additive are'to be used only for prevention of coccidiosis and not for treatment of the disease.
(4) Adequate mixing directions to provide for a final feed with the proper concentration of the additive, whether or not intermediate premixes are also used,
(5) Adequate directions to provide a finished feed labeled as provided in paragraph (c) of this section.
(6) The word “medicated,” prominently and conspicuously, wherever the term “feed” “intermediate feed,” or “premix” is used, and in juxtaposition therewith.
(7) A prominent statement that the preparation is for use in medicated feed for chickens and turkeys only.
(8) A prominent statement that the preparation should not be fed to laying hens.
(9) A statement that the medicated feed is to be withdrawn 4 days prior to slaughtering the birds for food.
(c) To assure safe use of the additive, the label of the finished medicated feed shall bear, in addition to the other information required by the act, the following:
il) (i) The name of the additive.(ii) The name of any antibiotic added
as provided by this section.(2) A statement of the appropriate
concentration or strength of the additive contained in the finished medicated feed.
(3) A prominent statement that the additive is incorporated in the medicated feed only for the prevention of cocci- mosis and not for treatment of the disease.
(4) The word “medicated,” promi- ently and conspicuously, wherever the word “feed” is used, and in juxtaposition therewith.
(5) An appropriate statement of the conditions for which the feed is to be used.
(6) A prominent statement that the E a/ation is for use as a medicated ee” *or chickens and turkeys only.
(7) A prominent statement that the preparation should not be fed to laying hens.
(8) A statement that the medicated feed must be withdrawn 4 days prior to slaughtering the birds for food.
2. Sections 121.1022, 121.1025, and 121.1026 are changed to read as follows:§ 121.1022 Tolerances for residues of
amprolium (l-(4-amino-2-n-propyl- 5-pyrimidinylmethyl) -2-p icolin iu m chloride hydrochloride ).
A tolerance of zero is established for residues of the food additive amprolium (1- (4-amino-2-n-propyl-5-pyri- midiny lmethyl ) -2-picolinium chloridehydrochloride) in or on the uncooked meat or meat products and eggs of chickens and turkeys.
* * * * *
§ 121.1025 Streptomycin.A tolerance of zero is established for
residues of streptomycin in the eggs and edible tissues of chickens and turkeys.§ 121.1026 Penicillin.
A tolerance of zero is established for residues of penicillin and the salts of penicillin in the eggs and edible tissues of chickens and turkeys.
Any person who will be adversely affected by the foregoing order may at any time prior to the thirtieth day from the date of its publication in the F ederal R egister file with the Hearing Clerk, Department of Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., Washington 25, D.C., written objections thereto. Objections shall show wherein the person filing will be adversely affected by the order and specify with particularity the provisions of the order deemed objectionable and the grounds for the objections. If a hearing is requested, the objections must state the issues for the hearing. A hearing will be granted if the objections are supported by grounds legally sufficient to justify the relief sought. Objections may be accompanied by a memorandum or brief in support thereof. All documents shall be filed in quintuplicate.
Effective date. This order shall be effective on the date of its publication in the F ederal R egister.(Sec. 409(c) (1), (4 ), 72 Stat. 1786; 21 U.S.C. 3 4 8 (c)(1 ), (4 ))
Dated: May 10, 1961.[seal] J ohn L. Harvey,
Deputy Commissioner o f Food and Drugs.
[F.R. Doc. 61-4503; Filed, May ' 16, 1961;8:47 a.m.]
Title 29— LABORChapter V— Wage and Hour Division,
Department of LaborPART 603— FABRIC AND LEATHER
GLOVE INDUSTRY IN PUERTO R1COWage Order
Pursuant to section 5 of the Fair Labor Standards Act of 1938, as amended (52
Stat. 1062, as amended; 29 U.S.C. 205), the Secretary of Labor by Administrative Order No. 547 (26 F.R. 2194), as amended by Administrative Order No. 548 (26 F.R. 3154), appointed and convened Industry Committee No. 52-A, and referred to it and duly noticed a hearing on the question of the minimum wage rate or rates to be paid under section 6(c) of that Act to employees in the fabric and leather glove industry in Puerto Rico, as defined in Administrative Order No. 547.
Subsequent to an investigation and a hearing conducted pursuant to the notice, the Committee filed with the Administrator a report containing its findings of fact and recommendations with respect to the matters referred to it.
Accordingly, as authorized and required by section 8 o l the Fair Labor Standards Act of 1938, as amended (52 Stat. 1064, as amended; 29 U.S.C. 208), Reorganization Plan No. 6 of 1950 (64 Stat. 1263; 3 CFR 1949-53 Comp., p. 1004), and General Order No. 45-A of the Secretary of Labor (15 F.R. 3290), the recommendations of the Committee are hereby published in this order revising 29 CFR 603.2, effective June 2, 1961, to read as follows:§ 603.2 Wage rates.
(a) Hand-sewing on fabric gloves classification. Wages at ~a rate of not less than 26 cents an hour shall be paid under section 6 of the Fair Labor Standards Act of 1938 by every employer to each of his employees who is engaged in commerce or in the production of goods for commerce and who is engaged in the hand-sewing on fabric gloves classification of the fabric and leather glove industry in Puerto Rico, which is defined as the operations of hand-sewing, hand- embroidering, hand-embellishing, ornamental stitching, hand-drawing of threads, and similar hand operations involving decorative effects on fabric gloves (gloves or mittens manufactured from woven or knitted fabric), except mending, repairing, sewing of labels, tacking, and similar operations on fabric gloves that are wholly or chiefly machine-sewn.
(b) Hand-sewing on leather gloves classification. Wages at a rate of not less than 40 cents an hour shall be paid under section 6 of the Fair Labor Standards Act of 1938 by every employer to each of his employees who is engaged in commerce or in the production of goods for commerce and who is engaged in the hand-sewing on leather gloves classification of the fabric and leather glove industry in Puerto Rico, which is defined as the operations of hand-sewing, hand-embroidering, hand-embellishing, ornamental stitching, handdrawing of threads, and similar hand operations involving decorative effects on leather gloves (gloves or mittens manufactured from leather or from leather in combination with other m aterial), except mending, repairing, sewing of labels, tacking, and similar operations on leather gloves that are wholly or chiefly machine-sewn.
(c) Other operations on hand-sewn gloves classification. Wages at a rate of not less than 60 cents an hour shall be paid under section 6 of the Fair Labor
4288 RULES AND REGULATIONS
Standards Act of 1938 by every employer to each of his employees who is engaged in commerce or in the production of goods for commerce and who is engaged in the other operations on hand-sewn gloves classification of the fabric and leather glove industry in Puerto Rico, which is defined as all operations on hand-sewn gloves (gloves or mittens manufactured primarily by a hand-sewing process), except operations included in the hand-sewing on fabric gloves classification and the hand-sewing on leather gloves classification, as defined in paragraphs (a) and (b) _ of this section.
(d) M achine operations on m achine- sewn gloves classification. Wages at a rate of not less than 82 cents an hour shall be paid under section 6 of the Pair Labor Standards Act of 1938 by every employer to each of his employees
who is engaged in commerce or in the production of goods for commerce and who is engaged in the machine operations on machine-sewn gloves classification of the fabric and leather glove industry in Puerto Rico which is defined as machine-sewing and other operations performed by machine, cutting, laying- off, pressing, sizing, banding, and packaging of machine-sewn gloves (gloves or mittens manufactured primarily by a machine-sewing process).
(e) Other operations on m achine- sewn gloves classification. Wages at a rate of not less than 73 cents an hour shall be paid under section 6 of the Pair Labor Standards Act of 1938 by every employer to each of his employees who is engaged in commerce or in the production of goods for commerce and who is engaged in the other operations on
machine-sewn gloves classification of the fabric and leather glove industry in Puerto Rico, which is defined as all operations on machine-sewn gloves (gloves or mittens manufactured primarily by a machine-sewing process), except operations included in the hand-sewing on fabric gloves classification, the handsewing on leather gloves classification, and the machine operations on machine- sewn gloves classification, as defined in paragraphs ( a ) , (b ), and (d) of this section.
Signed at Washington, D.C., this Uth day of May 1961.
Clarence T . Lundquist, Administrator.
[F.R. Doc. 61-4522; Filed, May 16, 1961;8:49 a.m.]
DEPARTMENT OF AGRICULTURECommodity Stabilization Service
[ 7 CFR Part 928 1[Docket No. AO—227—A il]
MILK IN NEOSHO VALLEY MARKETING AREA
Notice of Hearing on ProposedAmendments to Tentative Marketing Agreement and Order
Pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), and the applicable rules of practice and procedure governing the formulation of marketing agreements and marketing orders (7 CFR Part 900), notice is hereby given of a public hearing to be held'at Besse Hotel, Pittsburg, Kansas, beginning at 10:00 a.m., local time, on June 1, 1961, with respect to proposed amendments to the tentative marketing agreement and to the order, regulating the handling of milk in the Neosho Valley marketing area.
The public hearing is for the purpose of receiving evidence with respect to the economic and emergency marketing conditions which relate to the proposed amendments, hereinafter set forth, and any appropriate modifications thereof, to the tentative marketing agreement and to the order.
The proposed amendments, set forth below, have not received the approval of the Secretary of Agriculture.
Proposed by the Page Milk CompSny :Proposal No. 1. Amend § 928.51(b) to
read as follows :(b) The average price reported by the
Department for the current month for milk used in the manufacturé of American cheese, evaporated milk and butter and by-products, f.o.b. plant, United States, adjusted to 4.0 percent butterfat basis by dividing by test then multiplying by 4.0; but, in no event, less than the arithmetic average of the basic prices reported to have been paid or to be paid Per hundredweight for ungraded milk of 4.0 percent butterfat content received from farmers during the month at the following plants for which prices have been reported to the market administrator or the Department, plus 15 cents per nundredweight: Pet Milk Company, Neosho, Missouri; Pet Milk Company, Iola, Kansas; Carnation Company, Mt. Vernon, Missouri; Carnation Company,
irard, Kansas; Kraft Cheese Company, Oswego, Kansas.
Proposed by the Milk Marketii2 ! ™ Dmsion* Commodity Stabiliz won Service:a/ >j y po^'1 No- 2- Make such chang
necessary to make the enti Lagreement and the order coi
t w J ™ any amendments there may result from this hearing.
Copies of this notice of hearing and the order may be procured from the Market Administrator, Kenneth M. Fell, Box No. 601, Pittsburg, Kansas, or from the Hearing Clerk, Room 112, Administration Building, United States Department of Agriculture, Washington 25,D.C., or may be there inspected.
Issued at Washington, D.C., May 11, 1961.
H. L. F orest,Director, Milk M arketing Or
ders Division, Commodity Stabilization Service.
[F.R. Doc. 61-4508; Filed, May 16, 1961; 8:47 a.m.]
[ 7 CFR Part 946 1[Docket No. AO-123-A23]
MILK IN LOUISVILLE-LEXINGTON MARKETING AREA
Notice of Hearing on Proposed Amendments to Tentative Marketing Agreement and Order
Pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), and the applicable rules of practice and procedure governing the formulation of marketing agreements and marketing orders (7 CFR Part 900), notice is hereby given of a public hearing to be held at the .Sheraton Hotel, 500 South Fourth Street, Louisville, Kentucky, beginning at 10:00 a.m., c.d.s.t., on May 22, 1961, with respect to proposed amendments to the tentative marketing agreement and to the order, regulating the handling of milk in the Louisville-Lex- ington marketing area.
The public hearing is for the purpose of receiving evidence with respect to the economic and emergency marketing conditions which relate to the proposed amendments, hereinafter set forth, and any appropriate modifications thereof, to the tentative marketing agreement and to the order. So that all factors bearing on the Class I pricing problem in this market may be considered, all aspects of the Class I price formula, including the basic formula price, are open for consideration a t this hearing.
The proposed amendments, set forth below, have not received the approval of the Secretary of Agriculture.
Proposed by the Kyana Milk Producers, Inc.:
Proposal No. 1. Amend § 946.51(a) to read as follows:
(a) Class I milk. The price of Class I milk shall be the basic formula price for the preceding month, rounded to the nearest tenth of a cent, plus $1.30.
Proposed by the Milk Marketing Orders Division, Commodity Stabilization Service:
Proposal No. 2. Make such changes as may be necessary to make the entire
marketing agreement and the order conform with any amendments thereto that may result from this hearing.
Copies of this notice of hearing and the order may be procured from the Market Administrator, Joseph E. Bobo, P.O. Box 37, Baxter Avenue Station, Louisville 4, Kentucky, or from the Hearing Clerk, Room 112, Administration Building, United States Department of Agriculture, Washington 25, D.C., or may be there inspected.
Issued at Washington, D.C., May 11, 1961.
H. L. F orest,Director, Milk M arketing Or
ders Division, Commodity Stabilization Service.
[F.R. Doc. 61-4507; Filed, May 16, 1961; 8:47 a.m.]
FEDERAL AVIATION AGENCY[ 14 CFR Part 25 1
[Reg. Docket No. 746; Draft Release No. 61-8]
PARACHUTESOperating Rules for the Packing, Re
pair, Maintenance, Alteration, and Inspection
Pursuant to the authority delegated to me by the Administrator (14 CFR 405.27), notice is hereby given that there is under consideration proposed amendments to Part 25 of the Civil Air Regulations as hereinafter set forth.
Interested persons may participate in the making of the proposed rules by submitting such written data, views, or arguments as they may desire. Communications should be submitted in duplicate to the Docket Section of the Federal Aviation Agency, Room R -316 ,1711 New York Avenue NW., Washington 25, D.C. All communications received on or before July 17, 1961, will be considered by the Administrator before taking action on the proposed rules. The proposal contained in this notice may be changed in the light of comments received. All comments submitted will be available for examination by interested persons in the Docket Section when the prescribed date for return of comments has expired.
Currently effective § 25.80 of the Civil Air Regulations provides that no individual shall pack, repair, maintain, alter, or inspect a parachute for use in connection with any civil aircraft used in air commerce without an appropriate parachute rigger certificate and rating. The section also provides that a parachute rigger shall perform such services only when certain facilities and equipment are available and the rigger complies with certain performance standards and other requirements concerning recent experience, record keeping, and sealing of the parachute. In this re-
4289
4290 PROPOSED RULE MAKING
spect, compliance with the performance standards requires that all parachutes shall be packed, repaired, altered, maintained, or inspected only in a manner specified, authorized, or approved by the manufacturer or the Administrator. Such stringent requirements were promulgated on the premise that a parachute is intended for use only as a lifesaving device under emergency conditions, and as such must be subject to the best possible care.
However, it has become evident that the provisions of § 25.80 are imposing a burden on many persons engaged in legitimate activities where parachutes are used for purposes other than lifesaving. For example, intentional jumping for sport has become increasingly popular throughout the world. Sport parachute jumps in the United States increased from 238 in 1956 to more than 5,000 in 1958, and have more than doubled each succeeding year. Although such parachutes are used for other than emergency purposes, they are subject to the present requirements of § 25.80 because they are used in connection with civil aircraft engaged in air commerce.
In this regard, the Bureau of Flight Standards is aware that many members of parachute clubs are trained in the packing of the particular type of sport parachutes to be used by them. Very few are certificated parachute riggers, and, except for packing their own parachutes, have no need for such certificate. Consequently, the members of such clubs object to the present rule because of the burden of having a certificated rigger pack the main parachute of their dual parachute pack, particularly when the parachute is used several times a day in sport jumping. In addition, many parachutes used for purposes other than for lifesaving often are modified to suit the unique and particular need of the user. Such parachutes may be unapproved types for which no packing instructions are specified, authorized, or approved by the manufacturer or the Administrator. In* these cases, the services of a certificated parachute rigger become unobtainable because the rigger is not authorized to pack any parachute except in the manner specified.
In order to alleviate the burden imposed upon those persons engaged in activities where personnel-carrying parachutes are used exclusively for intentional jumping, it is proposed to amend § 25.80 to provide that a non-certificated individual may pack the main parachute of a dual parachute pack which will be used exclusively by him for intentional jumping, and to permit an appropriately certificated rigger to deviate from the provisions of §§ 25.81 through 25.85 when performing services in connection with personnel-carrying parachutes used for other than emergency purposes. However, the proposal would require that
- personnel-carrying parachutes intended for emergency use must be packed, repaired, maintained, altered, and inspected in an approved manner by appropriately certificated and rated riggers. The proposed amendments to § 25.0 are purely clarifying in nature so
as to more accurately define the applicability of the part.
In consideration of the foregoing, it is proposed to amend Part 25 of the Civil Air Regulations as follows:
1. By amending § 25.0 to read as follows:§ 25.0 Applicability of this part.
This part establishes the requirements for the issuance of parachute rigger and master parachute rigger certificates and ratings, provides for the privileges of such certificates, and establishes basic operating rules for the packing, repair, maintenance, alteration, and inspection of personnel-carrying parachutes for use in connection with civil aircraft of the United States.
2. By amending § 25.80 to read as follows:§ 25.80 General.
(a) Personnel-carrying parachutes for emergency use. No individual shall pack, repair, maintain, alter, or inspect any parachute intended for emergency use by an individual, including the auxiliary parachute of a dual parachute pack to be used for intentional jumping, unless he is an appropriately certificated parachute rigger or master parachute rigger, and compiles with the provisions of §§ 25.81 through 25.85.
(b) Personnel - carrying parachutes fo r nonemergency use. No individual shall pack, repair, maintain, alter, or inspect any main parachute of a dual parachute pack to be used by an individual for intentional jumping, unless he is an appropriately certificated parachute rigger or master parachute rigger: Provided, That an individual who does not hold a parachute rigger or master parachute rigger certificate may pack the main parachute of a dual parachute pack which will be used exclusively by him for intentional j limping.
Note : The requirements of this, section do not prohibit a certificated parachute rigger or master parachute rigger from deviating from the provisions of §§ 25.81 through 25.85 when engaged in packing, repairing, maintaining altering, or inspecting the main parachute of a dual parachute pack to be used for intentional jumping.
These amendments are proposed under the authority of sections 313(a), 601, and 602 of the Federal Aviation Act of 1958 (72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), 1421, 1422).
Issued in Washington, D.C., on May 11, 1961.
Oscar B akke,Director)
Bureau o f Flight Standards.[F.R. Doc. 61-4493; Filed, May 16, 1961;
8:45 a.m.]
[14 CFR Part 507 1[Reg. Docket No. 744]
AIRWORTHINESS DIRECTIVESAero Commander Model 500 Aircraft
Pursuant to the authority delegated to me by the Administrator (14 CFR Part
405), notice is hereby given that the Federal Aviation Agency has under consideration a proposal to amend Part 507 of the Regulations of the Administrator to include an airworthiness directive requiring inspection for fatigue cracks in upper engine mount angles of Aero Commander Model 500 aircraft. This proposed directive will supersede Amendment 233 (25 F.R. 12829), which requires inspection for fatigue cracks in the lower mount angles and incorporation of a reinforcement if cracks are found. As a result of inspections made in accordance with Amendment 233, fatigue cracks have also been found in the upper engine mount angles.
Interested persons may participate in the making of the proposed rule by submitting such written data, views or arguments as they may desire. Communications should be submitted in duplicate to the Docket Section of the Federal Aviation Agency, Room B-316, 1711 New York Avenue NW., Washington 25, D.C. All communications received on or before June 16, 1961, will be considered by the Administrator before taking action on the proposed rule. The proposals contained in this notice may be changed in light of comments received. All comments submitted will be available, in the Docket Section, for examination by interested persons when the prescribed date for return of comments has expired. The proposal will not be given further distribution as a draft release.
This amendment is proposed under the authority of sections 313(a), 601 and 603 of the Federal Aviation Act of 1958
• (72 Stat. 752, 775, 776; 49 U.S.C. 1354(a), 1421, 1423).
In consideration of the foregoing, it is proposed to amend § 507.10(a) of Part 507 (14 CFR Part 507), by adding the following airworthiness directive:Aero Commander. Applies to all Model 500
aircraft.Compliance required within the next 100
hours’ time in service after the effective date of this directive and at each 100 hours’ time in service thereafter. .
Visually inspect the inside of angles P/N 5620023-7, -8 , -9, and -10 in the area of the row of Huck bolts, nearest the radius of the angle, that attach the angles to the upper and lower mount fittings, P/N 3620025-1 and -2. If cracks are found, prior to further flight, incorporate the reinforcement as indicated in Aero Commander Service Bulletin No. 68A, dated January 20, 1961, or equivalent.
Angles incorporating Federal Aviation Agency approved reinforcement need not be reinspected in accordance with the provisions of this AD.(Aero Commander Service Bulletin No. 68A dated January 20, 1961, covers this subject.)
This supersedes Amendment 233 (25 F.R. 12829).
Issued in Washington, D.C., on May 10, 1961.
Oscar B akke, Director, Bureau of
Flight Standards.[FR . Doc. 61-4492; Filed, May 16, 1961;
8:45 a.m.]
4291Wednesday, May 17, 1961 FEDERAL REGISTER
FEDERAL COMMUNICATIONS COMMISSION
[ 47 CFR Part $ 1[Docket No. 14119; FCC 61-637]
BROADCAST STATIONS AND NETWORKS AND THEIR PRINCIPALS AND EMPLOYEES
Broadcast Announcement of Financial Interests in Service and Commodities Receiving Broadcast Promotions1. In a separate notice of proposed rule
making adopted April 26, 1961, in Docket No. 14094, the Commission proposed to adopt rules implementing new statutory requirements (sections 317 and 508 of the Communications Act of 1934) concerning broadcast announcement in cases where consideration is furnished broadcasters, program producers or their employees to procure the inclusion of any matter in broadcasts. The underlying principle of these requirements is that the public is entitled to know by whom it is persuaded.
2. There are additional circumstances in which arrangements for the broadcasting of promotional matter, while not procured directly through payments, as such, or by furnishing programs, nevertheless are similarly motivated or induced because of benefits which may be expected to flow to interested persons from their broadcast. This would be the case where a broadcast station or network or (a principal or employee of such station or network) would benefit from the broadcast promotion of a service or commodity in which they have a financial interest. Examples are given later in this notice.
3. The Commission believes that the public is no less ent itled to know of the existence of such benefits and motivations as in the other kind of case where the inducement is created by payments or the furnishing of programs without charge. Notwithstanding the fact that the Communications Act does not make announcements mandatory in the circumstances described in the previous Paragraph, the requirement may be imposed by the Commission under its general rule making powers.1
4. The Commission accordingly proposes the adotpion of rules on the lines of the following draft text and invites comments thereon;TO roposed new section in the Standard,
and Television Broadcast rules:(a) If any of the following has a fi-
ancial interest in the sale to the public of a service or commodity which is promoted during a broadcast, and the ract that such interest exists is not otherwise readily apparent to the broadcast aumence, an announcement of such interest shall be associated with the broad-
laonJ'So ^ USe of Representatives Reporl 800, 86th Cong. 2d Sess> ppAt.tn™!6 aif° ReP°rt to the President bj Broarfp y 9 eneral on Deceptive, Practice
■ adcastmg Media, Dec. 30, 1959, p. 47,No. 94------3
(i) the licensee of the station which broadcasts such promotional matter,
(ii) a network which furnishes such promotional matter for broadcasting,
(iii) any officer, director, or employee of such station licensee or network,
(iv) any person who directly or indirectly holds an ownership interest of 10 percent or more in such station licensee or network,
(v) any person appearing on a program during which such promotional matter is broadcast.
(b) Where, however, a service or commodity is promoted during a broadcast which is sponsored by a person having an interest in the service or commodity and appropriate sponsorship identification is broadcast, the additional announcement provided for in paragraph (a) of this section shall not be required.
(c) All licensees of standard (FM, television) broadcast stations shall exercise reasonable diligence to ascertain the existence of interests and broadcast promotions covered by paragraph (a) of this section.
(d) If the licensee of a standard (FM, television) broadcast station operates a broadcast network it shall exercise reasonable diligence to ascertain whether any of its owners, officers, directors or employees or any persons appearing on its network programs come within the provisions of paragraph (a) of this section with respect to any matter which it provides to station outlets for broadcasting, and shall include in such network broadcast matter the announcement required by subparagraphs (a) and (e) of this rule.
(e) The required announcement shall be made in the following form: “X has a financial interest in the proceeds from Y ”. If the person (X) financially interested in the promotion of the service or commodity (Y) is an owner, officer, director or employee of the station licensee or network concerned, he shall be so identified in the announcement.
(f) The mere use or mention of a service or commodity during a broadcast shall not constitute its “promotion” for the purposes of this section if it is identified only to the extent and in a manner ordinarily necessary for broadcast purposes other than the purpose of promoting public patronage of the service or purchase of the commodity.
Examples:(i) A radio network directly or indirectly
has an ownership interest in a company engaged in the business of producing phonograph records. A popular music recording produced by that company is played during a program of the network, and program announcer gives the names of the selection, the composer, the performing band, the soloist and the record manufacturer. No announcement is necessary since it is customary to identify musical recordings in this manner.
(ii) Facts as under (i) but the announcer comments favorably on the popularity or appeal or merits of the record. Announcement is necessary where such comments are not customarily made, but not necessary if such matter is customarily interpolated in the program format.
(iii) The parent corporation of a television network is entitled to share in the proceeds of the sale in stores, of a game which
is based on a similar game broadcast as a program of that network. During that program it is announced that the same or a similar game of the same name can be bought at stores. Announcement of the network’s interest is necessary, since mention of the public sale of the game is not necessary to its performance on the program.
(iv) Facts as under (iii) except that instead of the announcement that the game can be bought at stores, copies of it are given away on the program as prizes. An announcement of the network’s interest is necessary since it is not necessary to the program that copies of the game be included in the prizes awarded to contestants.
(v) Facts as under (iv), except th at the program on which the game is played is sponsored by the company which manufactures the game and the - appropriate sponsorship identification is broadcast. Additional announcement is not necessary.
(vi) A person who is the licensee of a radio station owns shares in a publicly held corporation. That corporation sponsors a program broadcast over the station and proper sponsorship identification is made. No additional anouncement is necessary.
(vii) A person appearing on a television program not associated with a particular game mentions and praises it. He has an interest in the proceeds from its sale. Announcement is required since its mention is not reasonably necessary to the program and his interest is not otherwise evident to the audience.
(viii) An actor who plays the leading role in a motion picture appears on a television program and mentions the film. The actor is entitled to a percentage of the income from exhibition of the film. No announcement is necessary since it would ordinarily be expected that the actor will benefit financially from the success of the film.
(ix) The author or publisher of a book appears on a broadcast program and mentions the book. No announcement is necessary since it is readily apparent that the author or publisher will have a financial interest in the proceeds from its sale.
(x) A singing celebrity appears on a regular or special broadcast program and sings a song which is available on records for sale to the public. No announcement is necessary.
(xi) Facts as under the previous example, but the singer refers to the fact th at the song is available on records. Announcement is not necessary, since it is readily apparent that the singer will benefit financially from the sale of the record.
(xii) An employee of a radio or television station has an interest in dance band which performs on a broadcast over the station. Without more, no announcement is necessary.
(xiii) Facts as under the preceding example, but the audience is informed that the band plays at a certain dance hall or other place or is available for engagements. Announcement is necessary since the additional matter is not ordinarily necessary to the performance of the band during the broadcast and serves to promote patronage of the band beyond listening to or watching its broadcast performances.
6. Authority for the adoption of the proposed rule is found in sections 4(i) and 303 (r) of the Communications Act of 1934, as amended.
7. Pursuant to applicable procedures - set out in § 1.213 of the Commission rules, interested persons may file comments on or before June 19, 1961, and reply comments on or before July 10, 1961. In reaching its decision on the rules of general applicability which are proposed herein, the Commission may also take into account other relevant information
4292 PROPOSED RULE MAKING
before it in addition to the specific comments invited by this notice.
8. In accordance with the provisions of § 1.54 of the rules, an original and 14 copies of all written comments and statements shall be furnished to the Commission.
Adopted: May 11, 1961.Released: May 12, 1961.
F ederal Communications Commission,
[seal] B en F . W aple,Acting Secretary.
[F.R. Doc. 61-4534; Filed, May 16, 1961; 8:50 a.m.]
[ 47 CFR Part 3 1[Docket No. 14120; FCC 61-640]
TABLE OF ASSIGNMENTS, TELEVISION BROADCAST STATIONS
Certain Locations in Alabama, Tennessee, and Georgia
1. Notice is hereby given of rule making in the above-entitled matter.
2. The Commission has under consideration two petitions requesting rule m ak in g on non-conflicting proposals to amend the Television Table of Assignments (§ 3.606 of the rules) to assign an additional UHF channel to Huntsville, Alabama. The first was filed on March 7, 1961 (RM -241), by North Alabama Broadcasters, Inc., and requests that Channel 19 be assigned to Huntsville by substituting Channel 65 for Channel 19 at Fort Payne, Alabama, as follows:
cityChannel No.
Present Proposed
31+19
19,31+65
The second was filed on April 14, 1961 (RM -253), by Huntsville Broadcasting Co., Inc., Huntsville, and requests that Channel 25 be assigned to Huntsville by making changes in UHF assignments at Guntersville, Alabama, Humboldt, Tennessee, and Dalton, Georgia, as follows:
CityChannel No.
Present Proposed
31+40-
12525+
25,31+62-
*6871
1 Huntsville Broadcasting also states that Channel 25could he assigned to both Huntsville and to Humboldt if a restriction was placed on antenna site location to require 155 miles co-channel spacing. However, the required co-channel separation in this zone (Zone II) is 175 miles. ,
2 Channel 68 cannot be assigned to Humboldt, since Channel 68 is now assigned to Tullahoma, Tennessee, which is only about 150 miles from Humboldt.
3. Station WAFG-TV operates on Channel 31 at Huntsville, which is located in northcentral Alabama. Channel 19 at Fort Payne (about 52 miles southeast of Huntsville), Channel 40 at Guntersville (about 33 miles southeast
of Huntsville), Channel 25 at Humboldt (about 20 miles northeast of Jackson, Tennessee), and Channel 25 at Dalton (about 90 miles east of Huntsville) are unoccupied, and no applications are pending for these v channels. I t would appear that the assignment of Channels 19 and 25 to Huntsville could be accomplished by the proposed changes in unused channel assignments in all of these communities in conformity with the technical allocation requirements if Channel 25 is deleted from Humboldt and not replaced by Channel 68, as proposed.
4. In support of its proposal, North Alabama Broadcasters states that Huntsville and Madison County in which it is located have experienced a tremendous growth in population in recent years due primarily to the expansion of governmental activities in the missile and rocket field and to the fact that the Redstone Arsenal, which has its locale at Huntsville, is a major if not the major center for missile and rocket development.1 Petitioner urges that it is impossible for the one UHF television outlet at Huntsville to meet the varied television needs of the vast numbers of new scientific, military and civilian personnel who now reside in the area and that an additional UHF assignment is urgently needed to meet the need of this area for a competitive program service. I t states that it has been organized for the purpose of establishing and operating a television station in Huntsville and will apply for the use of Channel 19 if it is assigned there.
5. Huntsville Broadcasting also evinces an interest in establishing a UHF station at Huntsville and in applying for one of the UHF assignments proposed. It does not oppose North Alabama’s proposal to assign Channel 19 to Huntsville but urges that Channel 25 should also be assigned so as to lessen the likelihood that the advent of new service in the Huntsville area would be delayed because of the necessity of a comparative hearing on competing applications for the same channel. It urges that there is strong reason to believe that the Huntsville area will continue to grow because of further expansion of space and missile activities in the Huntsville area and that the area can provide support for two new local stations. In light of its interest and that of North Alabama in establishing Huntsville stations, it believes that if both Channels 19 and 25 are allocated to Huntsville the prospects are promising for two new services in the area within the near future.
6. The Commission is of the view that rule making should be instituted on the proposal to assign Channel 19 to Huntsville and also on the proposal to assign Channel 25 to Huntsville, except insofar as it would assign Channel 68 to Humboldt to replace Channel 25.
1 U.S. Census Reports indicate that Huntsville has grown in population from 16,437 in 1950 to 72,365 in 1960 (a 348% increase in population) and Madison County has expanded from 72,903 person in 1950 to 117,348 persons in 1960 (a 60% increase in population) .
7. Authority for the adoption of the amendments proposed herein is contained in sections 4 (i) and ( j ) , 303 and 307(b) of the Communications Act of 1934, as amended.
8. Pursuant to applicable procedures set out in § 1.213 of the Commission’s rules, interested parties may file comments on or before June 16, 1961, and reply comments on or before June 28, 1961. In reaching its decision herein! the Commission will not be limited to consideration of comments of record, but will take into account all relevant information obtained in any manner from informed sources.
9. In accordance with the provisions of § 1.54 of the rules, an original and 14 copies of all written comments and statements shall be furnished to the Commission.
Adopted: May 11,1961.Released: May 12, 1961.
F ederal Communications Commission,
[seal] B en F . W aple,Acting Secretary.
[F.R. Doc. 61-4535; Filed, May 16, 1961;8:51 a.m.]
[47 CFR Part 101[Docket No. 14111; FCC 61-613]
“SPLIT CHANNEL” FREQUENCIESCoordination by Frequency Advisory
CommitteesIn the matter of amendment of §§ 10.-
255, 10.305, 10.355, and 10.405 of Part 10 of the Commission’s rules to permit certain “split channel” frequencies to be coordinated by Frequency Advisory Committees pursuant to § 10.8 of the Commission’s rules; Docket No. 14111; RM- 233, RM-239, RM-250.
1. The Commission has received petitions from the Associated Police Communications Officers, Inc. (APCO), the International Municipal Signal Association (IM SA), and the International Association of Fire Chiefs (IAFC)—a joint filing—and from the Forestry-Conservation Communications Association (FCCA) which all substantialy seek similar amendments of the subparts of Part 10 applicable to their respective services. While the IMSA-IAFC petition also requests other amendments, it asks that this matter be treated separately from its other proposals if deemed appropriate by the Commission. While the Commission has not received a like request from any Highway Maintenance user group, the problems of that service are identical to the Police, Fire, and Forestry-Conservation Services, and therefore, it ap_ pears advisable that it be included in this notice of proposed rule making.
2. The requested amendment to provide that applicants in the aforementioned services for “split channel” frequencies (i.e., frequencies located eithe 15 kc or 30 kc from primary channels) oe
.permitted to satisfy the required frequency coordination by demonstrating compliance with the provisions of § iu*» (b) or (c) of the Commissions rules.
Wednesday, May 17, 1961
Presently, an applicant for these fre- auencies must obtain consent from all licensees authorized to operate on fre- auencies ±30 kc or less removed from the requ ested frequency whose station is within 75 miles of the applicant’s proposed station location. Alternatively, an applicant may submit a satisfactory engineering report showing that its operation will not cause interference to such existing stations.
3. When the Commission proposed in Docket No. 12295 to make “split channels” in the frequency bands 42-50 Me and 152-162 Me available to the Public Safety Radio Services, it further proposed that these frequencies would not be assignable until November 1, 1963. However, the comments received in that proceeding persuaded the Commission that existing frequency shortages required that these “split channels” be made available for assignment immediately. Hence, in its Report and Order in Docket No. 12295 (FCC 58-620), released June 30, 1958, the Commission provided that these frequencies would become available on August 1, 1958. However, it was deemed necessary to establish adequate protection for pre- August 1, 1958 users to enable them to continue to utilize their present equipment and thus amortize its cost until November 1, 1963. For this reason, the stringent frequency coordination requirements described above were imposed, and applicants for these new frequencies were required to use equipment capable of meeting the Commission’s narrow-band technical standards in toto. This frequency coordination showing had to be in the form of a notarized statement from the applicant personally. Any letter submitted by a Frequency Advisory Committee supporting the applicant’s request for a given frequency has been deemed to be informative only and has not been regarded as acceptable as a substitute for the applicant’s own notarized statement.
4. To facilitate the task of these applicants endeavoring to obtain consent from affected licensees, the Commission has been forwarding on a monthly basis copies of grants to the appropriate Frequency Advisory Committees. This provides the applicant with a source from which the names and locations of existing licensees can be obtained. The Commission has been informed that in many instances the Committees render further assistance to the applicant by advice as to how to get the necessary consent from existing licensees, and in some cases, the Committee actually contacts these licensees in behalf of the applicant. However, the Commission’s rules have neces-
FEDERAL REGISTERsitated^that the frequency coordination statement which accompanies the application must be in the form of a personal notarization from the applicant.
5. The essence of the petitions is that this procedure is no longer necessary where the requested “split channel” frequency is located within a block of frequencies assigned to the same service. The petitioners, representing their respective services, state that based on their experience since August 1, 1958, it appears that in most areas existing (pre- August 1, 1958) licensees can operate without receiving undue interference from or causing such interference to the narrow band systems of those authorized to transmit on “split channel” frequencies. This has been demonstrated in particular since August 1, 1960 when licensees authorized prior to August 1, 1958 weré required, pursuant to the aforementioned Docket No. 12295, to reduce the frequency deviation of their, transmitters to ± 5 kc. The effect of compliance with this requirement has been to enable users who are operating 30 kc or even 15 kc from each other to conduct their radio systems without interference problems. Thus, the contention of the petitioners is that the protection which the Commission’s rules now afford to pre-August 1, 1958 users is no longer needed, and that the “split channel” frequencies should be made more easily available to prospective applicants.
6. Adoption of the proposed amendments would, of course, permit greater utilization of the “split channel” frequencies. In several cases potential applicants have complained that existing licensees have refused to give the required consent for no valid reason other than a fear of potential interference to their operations. In other instances applicants have inadvertently overlooked the existence of a licensee operating within the significant mileage and frequency limits, thus rendering their applications defective. Also applicants have frequently filed the required statement which was, in fact, accurate when made, only to find that subsequent to their filing another applicant has received a grant on their requested frequency in the interim, thereby necessitating the return by the Commission of the application. These problems would be virtually eliminated by permitting applicants to rely on the recommendation of the appropriate advisory committee. Of course, applicants will still be permitted to exercise the option of obtaining frequency coordination by means of an engineering survey.. The Commission has approved applications based on the results of surveys which can
4293
be conducted at nominal expense by applicants. However, this method is admittedly cumbersome and has never been utilized to any great extent by applicants in the Public Safety Radio Services.
7. I t appears unnecessary to list the specific frequencies which would be affected by this notice other than to reiterate that they will be those “split channels” in the 42-50 Me band and in the 150.8-162 Me band which are part of a block of frequencies available to one particular service. The specific rule amendment proposed will be merely to delete the footnotes presently attached to the frequencies involved thereby permitting these frequencies to be assigned as though they were primary channels.1 It should be emphasized that the services involved are Police, Fire, Highway Maintenance, and Forestry-Conservation, but not Local Government or Special Emergency which do not have frequencies available on a “block” basis.
8. Authority for these amendments is contained in sections 4(i) and 303 of the Communications Act of 1934, as amended.
9. Any interested person who is of the opinion that the proposed amendments should not be adopted or should not be adopted in the form set forth herein, and any person desiring to support this proposal may file with the Commission on or before July 21, 1961, a written statement or brief setting forth his comments. No additional comments may be filed unless (1) specifically requested by the Commission, or (2) good cause for the filing of such additional comments is established. The Commission will consider all comments filed hereunder prior to taking final action in this matter provided that, notwithstanding the provisions of § 1.213 of the rules, the Commission will not be limited solely to the comments filed in this proceeding.
10. In accordance with the provisions of § 1.54 of the Commision’s rules and regulations, an original and fourteen copies of all statements, briefs, and comments filed shall be furnished the Commission.
Adopted: May 11, 1961.Released: May 12,1961.
F ederal Communications Commission,
[seal] B en F . W aple,Acting Secretary.
[F.R. Doc. 61-4536; Filed, May 16, 1961;8:51 a.m.]
1This would include elimination of the developmental limitation now governing the “15 kc splits”.
CIVIL AERONAUTICS BOARD[Docket 12078]
FRONTIER AIRLINES, INC., “USE IT OR LOSE IT” INVESTIGATION
Notice of Prehearing ConferenceNotice is hereby given, pursuant to
Orders E-16313 and E-16710, that a pre- hearing conférence in the above-entitled proceeding is assigned to be held on June 6, 1961, at 10:00 a.m., e.d.s.t., in Room 911, Universal Building, Florida and Connecticut Avenues NW., Washington, D.C., before Examiner Barron Fredricks.
In order to facilitate conduct of the conference, motions to expand or modify the proceeding and statements of issues in the case should be transmitted to Byaminpr Fredricks and served on parties on or before May 2?, 1961.
Dated at Washington, D.C., May 12, 1961.
[seal] F rancis W. B rown,C hief Examiner.
[F.R. Doc. 61-4519; Filed, May 16, 1961;8:49 a.m.]
FEDERAL AVIATION AGENCY[OE Docket No. 61-KC-31]
PROPOSED CONSTRUCTION OF RADIO TOWER
Notice of No Airspace ObjectionThe Federal Aviation Agency has cir
cularized the following proposal to the aviation industry for comment and has conducted an aeronautical study to determine its effect upon the utilization of airspace: The Ramsey Broadcasting Company, St. Paul, Minnesota, proposes to construct two radio antenna structures near Maplewood, Minnesota, at latitude 44°55'18" north, longitude 92° 58'57" west. The overall height of each structure would be 1,262 feet above mean sea level (232 feet above ground).
No aeronautical objections were received in response to the circularization. The aeronautical study by the Agency disclosed that the proposed structures would be located 4.0 statute miles east of the South St. Paul Municipal (Holman) Airport and would penetrate the inner conical surface of the “Joint Industry/Govemment Tall Structures Committee” criteria by 211 feet. This factor is not disqualifying, but indicates a requirement for aeronautical study. The aeronautical study revealed that these structures would have no adverse effect upon aeronautical operations.
Therefore, I find that these proposed structures at the location and mean sea level elevation specified herein would
4294
Noticeshave no adverse effect upon aeronautical operations, procedures or minimum flight altitudes and conclude that no objection thereto from an airspace utilization standpoint be interposed by this Agency, provided that each structure be obstruction marked and lighted in accordance with applicable rules and standards.
This finding will be effective upon the date of its publication in the F ederal R egister.
Issued in Washington, D.C., on May 9, 1961.
D. D. T homas, Director, Bureau o f
Air Traffic M anagement.[F.R. Doc. 61-4448; Filed, May 15, 1961;
8:45 a.m.]
[OE Docket No. 61-KC-35]
PROPOSED CONSTRUCTION OF RADIO TOWER
Notice of No Airspace ObjectionThe Federal Aviation Agency has cir
cularized the following proposal to the aviation industry for comment and has conducted an aeronautical study to determine its effect upon the utilization of airspace: The Illinois Bell Telephone Company, Springfield, Illinois, proposes to construct a radio antenna structure near Ashley, Illinois, at latitude 38°- 19'23" north, longitude 89°10'27" west. The overall height of the structure would be 780 feet above mean sea level (230 feet above ground).
No aeronautical objections were made in response to the circularization. The aeronautical study by the Agency revealed that the proposed structure would have no adverse effect upon aeronautical operations, procedures or minimum flight altitudes.
Therefore, L find that this proposed structure at the location and mean sea level elevation specified herein would have no adverse effect upon aeronautical operations, procedures or minimum flight altitudes and conclude that no objection thereto from an airspace utilization standpoint be interposed by the Agency, provided that the structure be obstruction marked and lighted in accordance with applicable rules and standards.
This finding will be effective upon the date of its publication in the F ederal R egister.
Issued in Washington, D.C., on May 9,1961.
D. D. T homas, Director, Bureau o f
Air Traffic M anagement.[F.R. Doc. 61-4449; Filed, May 15, 1961;
8:45 a.m.]
FEDERAL COMMUNICATIONS COMMISSION
[Docket No. 13866; FCC 61M-823]
COLLEGE RADIO Order Continuing Hearing
In re application of Augustine L. Cavallaro, Jr ., tr/as College Radio, Am-. herst, Massachusetts, Docket No. 13866, File No. BP-14179; for construction permit.
On the oral request of counsel for applicant because of the necessity to resolve certain evidentiary problems, and without objection by counsel for the Broadcast Bureau: It is ordered, This 9th day of May 1961, that the hearing now scheduled for May 10 is further rescheduled to Tuesday, June 6, 1961, at 10 a.m., in the offices of the Commission, Washington, D.C.
Released: May 10, 1961.F ederal Communications
C ommission,[seal] B en F . W aple,
Acting Secretary.[F.R. Doc. 61-4524; Filed, May 16, 1961;
8:49 a.m.]
[Docket Nos. 14097-14100; FCC 61M-830]
LINDSAY BROADCASTING CO. ET AL.Order Scheduling Prehearing
'ConferenceIn re applications of Richard E. Lind
say, tr/as Lindsay Broadcasting Company, Punta Gorda, Florida, Docket No. 14097, File No. BP-12914; Peace River Broadcasting Corporation, Punta Gorda, Florida, Docket No. 14098, File No. BP-13336; • New Sounds Broadcasting Corporation, Fort Myers, Florida, Docket- No. 14099, File No. BP-13431; WilliamH. Martin, Fort Myers, Florida, Docket No. 14100, File No. BP-13997; for construction permits.
It is ordered, This 10th day of May 1961, on the Hearing Examiner’s own motion that the parties or their counsel in the above-entitled proceeding are directed to appear for a prehearing conference at the Offices of the Commission, Washington, D.C., at 10 a.m., on May 23, 1961.
Released: May 11, 1961.F ederal Communications
C ommission,[seal] B en F . W aple,
Acting Secretary.[F .R . Doc. 61-4525; Filed, May 16, 1961;
8:49 a.m.]
FEDERAL REGISTER 4295Wednesday, May 17, 1961
[Docket Nos. 14015-14018]
SANDS BROADCASTING CORP. ET AL. Correction
In re applications of Sands Broadcast-, ing Corporation, Indianapolis, Indiana, requests 1150 kc, 1 kw, DA, Day, Docket No. 14015, Pile No. BP-12700; WIFE Corporation, Indianapolis, Indiana, requests 1150 kc, 1 kw, DA, Day, Docket No. 14016, File No. BP-13288 ; Hoosier Broadcasting Corporation, Indianapolis, Indiana, requests 1150 kc, 1 kw, DA, Day, Docket No. 14017, File No. BP-14000; In dependent Indianapolis Broadcasting Corporation, Indianapolis, Indiana, requests 1150 kc, 1 kw, DA, Day, Docket No. 14018, File No. BP-14032; for construction permits.
The Commission’s Order (FCC 61-422, Mimeo 1919) adopted herein on March29,1961, and released on April 4,1961 (26 Fit. 2996), is hereby corrected to delete the phrase, “pursuant to the foregoing issues”, from the first sentence of Issue No. 1.
Released: May 11, 1961.F ederal Communications
Commission,[seal] B en F . W aple,
Acting Secretary.[F.R. Doc. 61-4526; Piled, May 16, 1961;
8:50 am .]
[Docket Nos. 14015-14018; FCC 61M-828]
SANDS BROADCASTING CORP. ET AL.Order Following Prehearing
ConferenceIn re applications of Sands Broadcast
ing Corporation, Indianapolis, Indiana, Docket No. 14015, File No. BP-12700; Wife Corporation, Indianapolis, Indiana, Docket No. 14016, File No. BP-13288; Hopsier Broadcasting Corporation, In dianapolis, Indiana, Docket No 14017, File No. BP-14000; Independent Indianapolis Broadcasting Corporation, Indianapolis, Indiana, Docket No. 14018, File No. BP-14032; for construction permits.
The Hearing Examiner having under consideration the proceedings at the pre- hearing conference in the above-entitled matters held on May 9, 1961, and the agreements of the parties as approved therein by the Examiner;
It is ordered. This 10th day of May 1961; that:
(1) Any petition to be filed requesting that the issues in the proceedings herein be enlarged by the addition of an issue to determine whether or not funds available to any applicant will give reasonable assurance that the proposal set forth in such application will be affected shall be hied no later than May 19, 1961;, . Tlie direct cases of the applicants
snail be presented in written, sworn ex- nibits, and copies of the proposed exhibits of the applicants shall be exchanged and also supplied to Bureau ounsel and the Hearing Examiner by ugust 31,1961: Provided, however, That
«vnÜLi ^ 6 Parties who so desires may written direct cases by
orai testimony, it being understood that
such oral testimony shall be only supplemental in nature;
(3) At the same time as the parties submit their written direct cases they shall submit an agreed upon stipulation outlining, in general, the nature and characteristics of the Indianapolis area which they are seeking to serve;
(4) The written direct cases shall be presented only by the applicants officers, stockholders and employees, and any statement making reference to activities by other officers, stockholders, or employees of the applicant shall be supported by affidavits from such other persons attesting that they have read the principal statement and that insofar as it relates to their activities, they would say substantially the same thing were they to file separate detailed statements themselves.
X5) The applicants shall not submit any letters or affidavits from persons with whom they spoke in connection with proposed programming or other matters relating to the operation of the station. Instead, such contacts will be described in the written case of the person making them and should contain information with respect to (a) the date of the contact, (b) by whom made, (c) the method of contact, (d) the name, address and position of the person with whom contact was made, (e) the matters discussed, and where applicable, (f) the action the applicant proposes to take as a result of such contact.
(6) Any party who desires to cross- examine a person with whom a contact was made shall notify the Hearing Examiner upon the record on the first day of the hearing and, after consideration of th e» arguments advanced in connection therewith, the Hearing Examiner will rule on the matter and determine whether such cross-examination shall be by depositions or interrogation at the location where the person contacted resides, or whether the matters are of sufficient importance to justify the requirement that the applicant produce such person at the hearing in Washington, D.C.
(7) Each of the parties shall, by September 8, 1961, notify the others in writing of the names of the witnesses, other than those described in paragraph (6) above, whom they desire to cross-examine, with copies of such notification to the Hearing Examiner, and the parties shall make such witnesses available for cross-examination at the hearing;
(8) If any of the parties desire to make any motion with respect to the written exhibits of any of the applicants they shall advise all other parties and the Examiner with respect thereto in writing by September 8, 1961, specifying the exhibit involved and the nature of the motion they propose to make;
I t is further ordered, That the hearing heretofore scheduled to commence on June 5, 1961, is hereby rescheduled to commence on October 9,1961, at 10 a.m., at the Commission’s Offices in Washington, D.C. •
I t is fu rther ordered, That the agreements and understandings entered into between the parties concerning the future conduct of the hearing are ap-
proved as set forth in the transcript of the prehearing conference which to this extent is incorporated herein by reference.
Released: May 11, 1961.F ederal Communications
Commission,[seal] B en F . W aple,
Acting Secretary.[F.R. Doc. 61-4527; Filed, May 16, 1961;
8:50 a.m.]
[Docket Nos. 13991-13992; FCC 61M-826]
BEN S. McGLASHAN (KGFJ) AND SUN STATE BROADCASTING SYSTEM, INC.
Order After Prehearing ConferenceIn re applications of Ben S. McGlashan
(K G F J), Los Angeles, California, Docket No. 13991, File No. BP-13123; Sim State Broadcasting System, Inc., San Fernando, California, Docket No. 13992, File No. BP-14056; for construction permits.
The Hearing Examiner having under consideration the proceedings during prehearing conference in the above- entitled proceeding held May 10, 1961;
It is ordered, This 10th day of May 1961, that the hearing in the above- entitled proceding is hereby scheduled to convene at 9:00 a.m., Tuesday, June 27, 1961, at the Commission’s offices, Washington, D.C.; that, in accordance with agreements and understandings reached by the parties on the record during the prehearing conference, applicant Sun State is to file, not later than May 26, 1961, a petition for leave to amend its application requesting that the application as amended be returned to the pending file; and that engineering presentations, if any, are to be prepared in exhibit form under oath and exchanged among the parties, with one copy of each such exhibit to be provided the Hearing Examiner, not later than 5 p.m., June 12;
I t is ordered further, That the transscript of record of the prehearing conference is hereby incorporated herein by reference with respect to all agreements and understandings of the parties which the Hearing Examiner hereby specifically approves.
Released: May 11, 1961.F ederal Communications
Commission,[ seal] B en F . W aple,
Acting Secretary.[F.R. Doc. 61-4528; Filed, May 16, 1961;
8:50 a.m.]
[FCC 61-615]
STATION WOX, NEW YORK, N.Y.Notice to Licensees and Operators of
Ship Radiotelephone Stations Operating in the 1600—3500 kc Maritime Band; Exemption From Watch Requirement
May 12,1961.The Commission has exempted public
coast station WOX at New York, New York, from the requirement for maintenance of a watch on the frequency 2182
4296 NOTICES
kc for an initial period of twelve months from May 11, 1961.
This action was taken with the concurrence of the United States Coast Guard at the request of the New York Telephone Companyrthe licensee of station WOX. Application by the Telephone Company was made pursuant to § 7.189(c) (1) of the Commission’s rules, which provides that any coast station may be exempted from this watch requirement if the Commission considers that the frequency 2182 kc is adequately guarded by other stations. The United States Coast Guard radio facilities at New York, New York, maintain a continuous watch on 2182 kc and have been shown, as a result of cooperative measurements and tests conducted by the Coast Guard and the Telephone Company, to have a coverage on 2182 kc equal to or more extensive than the existing coverage of station WOX.
The exemption has been limited to a twelve-month period, ending on May 11, 1962, in order to afford the licensees and operators of affected ship stations an opportunity to evaluate the discontinuance of 2182 kc watch by station WOX under actual operating circumstances.
Any interested person who is of the opinion that the continuation of the above-mentioned exemption beyond May 11,1962 is not in the public interest, may file with the Secretary, Federal Communications Commission, Washington 25, D.C., on or before February 1, 1962, a written statement setting forth his opinion and the reasons therefor.
Adopted: May 11, 1961.,F ederal Communications
Commission,[seal] B en F . W aple,
Acting Secretary.[F.R. Doc. 61-4529; Filed, May 16, 1961;
8:50 a.m.]
FEDERAL POWER COMMISSIONSOUTHERN LOUISIANA AREA
Order Instituting Rate Proceeding, Consolidating Proceedings and Prescribing Preliminary Procedure
May 10, 1961.Area Rate Proceeding,1 Docket No.
AR61-2; Aladdin Exploration Company, Inc., et al.,2 Docket Nos. CI61-1564, et al.; Amerada Petroleum Corporation, et al.,3 Docket Nos. RI60-18, et al.
On September 28, 1960, the Federal Power Commission issued its statement of General Policy No. 61-1 based upon the Commission’s experience gained after six years of regulation of independent producers under the Natural Gas Act. By this Statement and the area schedules set forth therein the Commission has announced standards for both initial and increased area price
1 For listing of all persons hereinafter made respondents in such proceeding see Appendix “A” below.
2 For listing of certificate proceedings consolidated herein see Appendix “B” below.
3 For listing of rate suspension proceedings consolidated herein see Appendix “C” below.
levels for natural gas sold or to be sold in interstate commerce by producers. On October 25, 1960, the Commission issued the First Amendment to Policy Statement 61-1 announcing inter alia an initial price level for the Southern Louisiana area.
Since that date, four courts of appeal have also had occasion to interpret the Supreme Court’s construction4 of the certificate provisions of section 7 of the Natural Gas Act.5 As we observed in our Statement of General Policy No. 61-1, the price levels there announced are subject to revision from time to time as experience and evidence might dictate.
On December 23, 1960, we instituted the first area rate hearing to determine just and reasonable rates in what we termed the Permian Basin Area. Now, because of the importance of the Southern Louisiana area as a source of present and future gas supply, and because of the unusually large number of pending proceedings relating to that area, we have decided to initiate a hearing to determine the initial producer area rate or rates required by the public convenience and necessity and the just and reasonable area rate, or rates, for or within the geographical area hereinafter described.
This area rate proceeding will be concerned with the geographical area consisting of that portion of the State of Louisiana lying south of the 31° parallel and including all areas, both State and Federal, in the Gulf of Mexico off the shore of Louisiana. In view of the urgency of determining rates for this area, we have concluded that no useful purpose would be served at this time by entertaining issues or considering contentions that the areas we have delineated in our Statement might be inappropriate for rate making purposes. Accordingly, for the purposes of this area proceeding we do not propose to consider any evidence looking toward the fixing of rates for sales of gas produced in areas outside the boundaries of the geographical area we have delineated. Nothing we have said, however, prejudges any proposal which may be made that we determine more than one rate within this area."Certificate proceedings are pending, involving the question of the appropriate initial rates applicable to sales of natural gas within the area. These proceedings are designated in Appendix “B ” below. In the proceedings listed in Appendix “C” below, the Commission has heretofore issued orders suspending proposed increases in rates and charges for sales of natural gas for .resale in interstate commerce within the geographical area above described. The natural gas pro-
1 Atlantic Refining Co. v. Public Service Commission, 360 Ü.S. 378.
6 United Gas Improvement Co. v. F.P.C., 283 F. 2d 817 (CA9), certiorari denied April 17, 1961; Public Service Commission v. F.P.C., 287 F. 2d 146 (CADC), certiorari denied April 17, 1961; United Gas Improvement Co. v: F.P.C., 287 F. 2d 159 (CA10) ; United Gas Improvement Co. V. F.P.C., Nos. 18112, 18113 (CA5), decided February 22, 1961; Texaco Inc. v. FP.C., Nos. 18349, et al. (CA5), decided April 14, 1961.
ducers in these docketed proceedings and other producers in the geographical area, may also be charging and collecting rates which, although not under suspension by the Commission presently may be unjust, unreasonable, unduly discriminatory or preferential under the Natural Gas Act. The interests not only of the producers but of the pipeline companies purchasing gas produced in the area, interested distributing companies, other parties having an interest and the ultimate consumers for whose protection the Natural Gas Act was enacted, would be best served, and our responsibility under the statute more fully discharged, if all such proceedings were consolidated for hearing, purposes with the area rate proceeding herein initiated.
We contemplate the issuance of an interim order determining an appropriate initial rate, or rates, for new service in this area. To that end we shall prescribe that in the first phase of this hearing evidence be adduced which bears on the rate, or rates, at which the present or future public convenience and necessity requires that new service be initiated. In so doing we do not depart from our position regarding eventual elimination of the two pricing standards. But the urgent need for determining an unusually large number of certificate applications relating to this area calls for the fixing, at the earliest possible time, of an initial rate, or rates, on an interim basis, so as to afford a measure of certainty and stability to prices and producer revenues while we determine a just and reasonable rate, or rates, for this area.
Because of the large number of persons having interests which may be affected by the determinations contemplated by this order and the consequent procedural impracticability of permitting unlimited individual participation of all such persons, and in' order to expedite the hearing, it is appropriate in the public interest that there be established reasonable limitations upon the number of persons individually participating in the proceeding, the number of attorneys who will be permitted to examine or cross-examine witnesses or otherwise participate in the formal hearings as is contemplated by the Commission’s rules of practice and procedure and the number of witnesses that may be heard upon any issue raised in such proceeding.
The interest of all parties and the public will also be served by providing for a prehearing conference as contemplated by the Commission’s rules of practice and procedure for effectuation of the purposes specifically mentioned in § 1.18 of such rules. Attention is directed to the Commission’s view with respect to the use of the conference technique and the ultimate objective of expediting the Commission’s hearing proceedings as set forth in Order No. 217. Such prehearing conference shall be confined to considering the first, or certificate phase of this proceeding. Among other things, its objective shall be to facilitate consolidation of evidentiary showings, to consider the type of evidence to be adduced, the order of presentation, the simplification
FEDERAL REGISTER 4297Wednesday, May 17, 1961
and delineation of the issues, and the number of witnesses to be heard on any issue or subject. The right to participate in such a conference is predicated upon the filing in accordance with the provisions of Paragraph “E” of this order of a statement setting out specifically the interests in the proceeding by the person or persons seeking an opportunity to participate ^herein and the orders of the Commission or the rulings of the Presiding Examiner with respect thereto. Upon completion of the prehearing conference, the Presiding Examiner shall prepare and file with the Secretary of the Commission a summary report of such conference.
The Commission finds:(1) To aid in carrying out its author
ity and responsibility under the Natural Gas Act, it is necessary and proper that the Commission on its own motion institute a proceeding to determine the rate, or rates, at which the public convenience and necessity requires, and a just and reasonable rate, or rates, for sales of natural gas within the geographical area consisting of that portion of the State of Louisiana lying south of the 31° parallel and including all areas, both State and Federal, in the Gulf of Mexico off the shore of Louisiana, and that a public hearing be held at a time and place to be designated by order of the Commission.
(2) Good cause exists to consolidate for the purposes of hearing all of the proceedings designated in Appendices “B” and “C” below with the rate proceeding contemplated in Finding (1) above and hereafter instituted.
(3) Prior to the subjecirhearing to be held as contemplated in Finding (1) above, a prehearing conference should be held on June 26, 1961, for the purposes set forth herein and in § 1.18 of the Commission’s rules of practice and procedure, as amended.
Pursuant to the provisions of the Natural Gas Act, particularly sections 4, 5, 7,10, 14, 15, and 16 thereof,
The Commission orders:(A) A proceeding is hereby instituted
to determine the initial rate, or rates, ai which the public convenience and necessity requires and the just and reasonable rate, or rates, for the sales of natural gas produced in the geographical area specifically designated in Finding (1) above, subject to the jurisdiction of the Commission, and a public hearing shal] be held in such proceeding at a time and Place hereafter to be ordered by the Commission. All persons named in Appendix “A” below and all parties or jmose behalf such persons have filed
c gas rate schedules for sales in suchare herefey made respondents ir such proceeding.J 2 ,proceeding hereinbefore in-
_ . , ed aiso encompass the investi- on of facts, conditions, practices, oi
a ers relating to the sale of natural x Produced in said geographical area ! ° aid the enforcement of the provi-
s the Act or in prescribing rules ®hd regulations thereunder, and shall J«so encompass issues as to whether any chan«0! charge demanded, observed
ged or collected by any natural gas
company in connection with such sales is unjust, unreasonable, unduly discrimina- toiy or preferential.
(C) The pending proceedings designated in Appendices “B ” and *‘C” be and they are hereby consolidated for the purposes of hearing with the proceeding instituted in Paragraph (A) above.
(D) A prehearing conference be held pursuant to the Commission’s rules of practice and procedure, particularly § 1.18 thereof at 10:00 a.m., c.s.t., on June 26, 1961, in a hearing room of the Federal Power Commission, located in the Capitol House, 201 Lafayette Street, Baton Rouge, Louisiana, for the purpose specifically set forth in said section of such rules and to afford all interested persons an opportunity to be heard with respect to the procedures to be followed in expeditiously determining the issues to be tried in the formal area rate hearing herein ordered. The prehearing conference shall be limited to issues regarding determination of the rate or rates required by the public convenience and necessity, for initial sales in this area. The conference proceedings shall be recorded by a reporter, and shall be recessed and reconvened at the discretion of the Presiding Examiner. Upon completion of the conference, the Presiding Examiner shall prepare and file with the Secretary of the Commission his report of the conference, summarizing therein the issues, procedures and other matters considered during such conference and making such recommendations with respect thereto as he may deem appropriate.
(E) Any person desiring to participate in the prehearing conference to be held in accordance with Paragraph (D) shall, on or before June 1, 1961, file with the Secretary of the Commission an original and 3 conformed copies of a statement of position, which shall include, but not be limited to, a summarization of the following data:
(i) His interest in and claimed right to be heard in one or more of these consolidated proceedings.
(ii) The extent to which he desires to participate in the hearings, i.e., a statement of position, presentation of evidence, if any, specific evidence to be presented, number of witnesses, etc.
(iii) His representation, whether as an individual or as a representative for an association, group or segment of the natural gas industry, or of ultimate consumers.
(F) Any person, other than the applicants and respondents specifically named in Appendices “A”, “B ” and “C”, who desires to participate as an intervener in the area rate hearing hereinabove ordered to be held shall, on or before June 1, 1961, file a notice of intervention or a petition to intervene with the Secretary of the Commission setting forth therein the basis claimed for the right to intervene in such proceeding. On or before June 13, 1961, the Secretary of the Commission shall advise all participants in these consolidated proceedings of the names of all persons who have filed notices of intervention or petitions for leave to intervene herein.
(G) A copy of this order shall be published in the F ederal R egister and
served upon each of the respondents set out in Appendix “A”, who according to the records of this Commission has a rate schedule on file for the sale of gas within the above described area; upon each of the applicants set out in Appendix “B ”; and upon all purchasers of natural gas sold subject to the Commission’s jurisdiction in the said area and upon interested State commissions as is provided for in § 1.19 of the Commission’s rules of practice and procedure.
(H) Edward B. Marsh, a duly qualified and appointed (as provided by section 11 of the Administrative Procedure Act) hearing examiner, or his successor legally qualified, appointed and designated, is designated to preside at the hearing herein instituted including the prehearing conference hereinbefore ordered and is authorized and directed, in so doing, to exercise all of the functions and authority prescribed by the Administrative Procedure Act and this Commission’s rules of practice and procedure.
By the Commission.[seal] J oseph H. G otride,
Secretary.[Docket No. AR61-2 etc.]
Appen d ix ARespondents:1
Ada Oil Co.Aluminum Co. of America.Amerada Petroleum Corp.American Natural Gas Production Co.Argo Oil Corp.Arnold, Agnes Cullen, et al.Arnold, Isaac.Atlantic Refining Co., The.Austral Oil Co., Inc.Barnhart, Paul P.Bateman, Earl G., dba Bateman Drilling Co. Beck Oil Co.Bel Oil Corp.Benedum Trees Oil Co.Berkshire Oil Co.Bradco Properties, Inc.British American Oil Producing Co.Brown, George R.Wm. T. Burton Industries, Inc.Cabot Corp.The California Co., a Division of California
Oil Co.Callery, P. A., Inc.Callery Properties, Inc.Carter, Reese E.Chance, R. L., Sr.Cheyenne Oil Corp. of Delaware.Chicago Stockyards Research.Christie Mitchell & Mitchell.Cities Service Co.Cities Service Petroleum Co.Cities Service Production Co.Cocke, W. H.Cole, Howard S., Jr.Cblorado Oil Sq Gas Corp.Columbian Carbon Co.Commonwealth Oil Co.Conover, William V.Continental Oil Co.Crow, David, Trustee.Crown Central Petroleum Corp.Cunningham, James M.Cyprus Oil Co.Delhi Taylor Oil Corp.Delta Drilling Co.Delta Gulf Drilling Co.Dillon, Herbert L., Jr.Diversa Inc.Dixon Management Corp.
1 All persons named herein and all parties on whose behalf such persons have filed FPG Gas Rate Schedules for sales in Southern. Louisiana are respondents in this proceeding.
4298 NOTICESDrew Petroleum, Inc.Eason Oil Co. ^Evans, Earl B.Evans, Mrs. Henrietta H.W. R. Fairchild & Associates, Inc. Falcon Seaboard Drilling Co.Fidelity Oil & Royalty Co.Flaitz, J . M. & Mitchell, R. B.F O Corp., The.Forest Oil Corp.Frankel, J . R.Frankel, R. R.Freeport Oil Co.Gas Gathering Corp.General American Oil Co. of Texas. General Crude Oil Co.Gilger, C. C.Glassell, Alfred C., Jr.Goff, J . R.,,Trustee.Goodrich, R. H.Grande Corp., The.Graridge Corp.Grey-Wolf Drilling Co.Gulf Interstate Oil Co.Gulf Oil Corp.Halbouty, Michel T.Harbor Oil Co., Inc.H. L. Hawkins & H. L., Jr.Helis Petroleum Corp.Hells, Wm. G., Estate of.Herrington, Mrs. Louise H.Houssiere, Charles R., Sr.Houssiere, Charles R., Jr.Houssiere, Ernest A.Houssiere, Mrs. H. A.Houssiere, Robert E.Houssiere, Mrs. Virginia H.Hudson, E. J .Hudson Gas & Oil Corp.Roy M. Hufflngton Inc.Humble Oil & Refining Co.Hunt, H. L.Haroldsen L. Hunt, Jr., Trust Estate. Hunt Lyda, Margaret Trusts.Hunt Lyda, Caroline Trusts.Hunt Lyda, Herbert Trusts.Hunt Lyda, Bunker Trusts.Hunt Lyda, Lamar Trusts.Hunt Oil Co.Hunt, W. H.Hunt, Wm. Herbert, Trust Estate. Hurley Oil & Gas.Hurt Oil & Gas Corp.Irwin & Bess.Jameson, F. E., et al.Jefferson Lake Sulphur Co. Johnston, C. N.Jones Joseph M.Jordan, Thomas, Inc.Kellam, Mrs. Helene H.2 Kellerman, R. E.Kerr-McGee Oil Industries.Kilroy Properties, Inc.Langton, Claude M., Trustee.Lone Star Producing Co.Lyons and Logan.Lyons, C. H., Sr.MPS Production Co., Inc.J. Ray McDermott Co., Inc.McGhee, George C.McIntyre Oil Co.McLean, Harvey.Macaluso, Mrs. Andree H. - Maracaibo Oil Exploration Corp. Markley, T. G. Mayfield, M- L. Mayronne, R. W., Jr.Mecom, John W./Mecom Petroleum. Midwest Oil Corp.Monsanto Chemical Co.Moore, Homer T.Mosbacher, Robert.Mound Co.Murphy Corp.Newmont Oil Co.Nicklos Oil & Gas Co. .North Central Oil Corp.O’Meara, M. P.O’Meara, Robert W.Ocean Drilling & Exploration Co.
2 Now Mrs. Helene Kellam Garbarino.
Ohio Oil Co.Owen, J . P.Pan American Petroleum Corp.Pareti, John D.Penton E. Doyle, Penton D. N.Petroleum, Inc.Petroleum Leaseholds, Inc.Petroleum Offshore Leaseholds.Phillips Petroleum Co.Phillips, R. P.Pioneer Oil & Gas Co.Placid Oil Co.Pray, Max. <-Prentice, Robert B.Pure Oil Co., The.Rasberry, Elge.Rauch, Morris.Rault, Joseph M., Jr., Inc.Rebstock & Reeves Drilling Co.Recile, Sam J.Republic Natural Gas Co.Richardson, Sid W., Estate of.Rimrock Tidelands, Inc.Ross, Louis.Royalite Oil Co., Inc.Rutherford, P. R.Rycade Oil Corp.Samedan Oil Corp.San Jacinto Oil & Gas Co.Sands, Caroline Hunt.Joseph E. Seagram Sons, Inc.Secure Trusts.Shallow Oil Go., Inc.Shell Oil Co.Shoreline Exploration, Inc.Sinclair Oil & Gas Co.Slick Oil Corp.Socony Mobil Oil Co., Inc.Sohio Petroleum Co.Southwest Gas Prod, Co., Inc.Southwest Resources, Inc.Stokes, Winston L.Sun Oil Co.Sunnyland Contracting Co., Inc.Sunray Mid-Continent Oil.Superior Oil Co., The.Sword Co.Tamborello, Anthony J.Tennessee-Louisiana Oil Co.Texaco, Inc.Texaco Seaboard, Inc.Texas Crude Oil Co.Texas Gas Exploration Corp.Texas Gulf Producing Co.Texas National Petroleum Co.Texas Pacific Coal & Oil Co.Tidewater Oil Co.J . C. Trahan Drilling Contractor, Inc.Trice Production Co.Tuthill, Mrs. Renee H.Union Oil Co. of California.Union Producing Co.Union Texas Nat. Gas Corp.U.S. Oil of Louisiana, Inc.Vincent and Welch, Inc.W W F Oil Corp.Walker, Willard E.Walker, W. E. & Meeker, Jr.Webster, C. B.Weiner, Ted.Wrightsman, Charles B.Young, Marshall R.Zapata Offshore Co.
[Docket No. AR61-2, etc-.]
Append ix B
Producer* and Docket No.
Aladdin Exploration Company, Inc.; CI61- 1564.
Amerada Petroleum Corp.; G-13356,1 G—17393,2 G—17407,2 CI60-688, CI61-727.
American Natural Gas Production Co.; CI61- 342, CI61-1246.
Anderson Prichard Oil Corp.; CI61-462.8 Argo Oil Corp.; G-17411.Arnold, Isaac; CI60-237.
See footnotes at end of appendix.
Atlantic Refining Co.; G-11904, G-13219i G—18070, G—18399, G-18804, CI61-450CI61-652.
Bateman, Earl G.f CI61-1325.Beck Oil Co.; G-17402.2Bel Oil Corp.; G-17397,2 G-20034, CI60-223.Bradco Properties, Inc.; CI60-88.The British-American Oil Producing Co •
G—18963, CI60-322, CI61-600, CI61-649.Brown, George R.; CI60—580.Brown, Herman; CI61-709.William T. Burton Industries, Inc.; G-20243
G—20379, CI61-1530.Cabot Corp.; CI60-414, CI60-499, CI60-503.The California Co.; G-16108,4 G-16167
G—17339,® G—19343, G-20147, CI60-39l’,CI61-348, CI61-628, CI61-629, CI61-63(>! CI61-1285.
Callery, Francis A.; G-17416, G-17546, CI60- 316.
Callery Properties, Inc.; G-17340,2 G-17341, CI60—726, CI61-1444.
Carter, Reese E.; G-17298.Cheyenne Oil Corp. of Delaware; G-16569.Cities Service Production Co.; G-14355,1
G-14356,1 CI60-20.Colorado Oil and Gas Corp.; CI60-721.Continental Oil Co.; G-13758,1 G-17521,
G-17554,2 G—17566,® G-17649, G-18755,CI61-586.
Cordell, J . H.; CI61-1492.Crown Central Petroleum Corp.; G-16907.Cullen, Lillie C.; G-17207.9Cyprus Oil Co., CI60-645.Delta Drilling Co.; G-18135.Dillon, Herbert L., Jr.; CI61-841.Dixon Management Corp.; CI61-42.Eason Oil Co.; G-19703.W. R. Fairchild & Associates, Inc.; G-20090.Falcon Seaboard Drilling Co.; CI61-433.Forest Oil Corp.; CI61-248.Frankel, J . R. and R. R.; G-13197.1Frankel, R. R.; G-16840.General American Oil Co. of Texas; CI61-54,
CI61-126, CI61-182, CI61-217, CI61-316.General Crude Oil Co.; CI61-1280.Geological, Geophysical Associates, Inc.;
CI61-1519.C. G. Glasscock-Tidelands Oil Co.; G-14240.1The Grande Corp.; G-19957, G-19958, CI61-
44.Graridge Corp.; CI60-484.Gulf Interstate Oil Co.; G-14897.Gulf Oil Corp.; G-19062, G-19467, CI60-43,
CI60-54, CI60—824, CI61-716, CI61-1562.Halbouty, Michael T.; CI60-700, CI61-1326.Hawkins, H. L. and H. L., Jr.; CI61-1301.Humble Oil and Refining Co.; G-14604,1 G-
14605,1 G—14606,1 G-14607,1 G-17349, G- 17391,® G—17570, G-18547, G-18715, G-18716, G-19800, G—20019, CI60-177, CI60-623,CI61—397, CI61-425, CI61-1176.
Hunt, H. L.; G-19460.Hassie Hunt Trust; G-8647, G-14109,1 G-
14303, G—18897, G-19249, CI61-645.Hurt Oil and Gas Corp.; CI60-33.Jefferson Lake Sulphur Co.; G-14307.Kellerman, R. E., G-18136.Kerr-McGee Oil Industries, Inc.; G-15779, G-
17396,® G—19307.Kilroy Properties, Inc.; G-17338.®Lone Star Producing Co.; G-13218.1Lyons, C. H., Sr.; CI60-329.Mecom, J. W.; G-20123,7 CI60-399,8 CI61-1738
CI61-174,8 CI61—236, CI61-1230.J. Ray McDermott & Co., Inc.; G-17337.®
McIntyre Oil Co.; CI61-22, CI61-885.Midwest Oil Corp.; 0160—745, CI61-621.Mississippi River Fuel Corp.; G-17413.®Monterey Oil Co.; G-14256.1Mosbacher, Robert; CI61-567.Mound Co.; CI60-258.North Central Oil Corp.; CI61-553.Newmont Oil Co.; G-13757.1Ocean Drilling & Exploration Co.; G-17342,®
G-17343,® CI60—743, CI61-1162, CI61-1469.The Ohio Oil Co.; G-14346.1Oil Participations, Inc.; G-14164,1 G-14242,1
G—14243,1 G—17448.
FEDERAL REGISTER 4299Wednesday, May 17, 1961
O’M eara, Robert W.; CI60-469.Owens J. P-! CI60-8, CI61-289, CI61-364. Pan American Petroleum Corp.; G-13231,i G-
132321 G-13233,1 G-16946, G-17574,2 G - 19223’ G -20049, CI60-485, CI0O-777, CI61- 127, CI61-143, CI61—808, CI61-974, CI61-355.
Peltier, Harvey; CI60-505.Phillips Petroleum Co.; G-17405,2 G-19714,
CI61-1317.Pioneer Oil and Gas Co., Inc.; G-14358, CI61-
67 CI61-1570, CI61-1571.Placid Oil Co.; G-13183,1 G-13184,7 G-18021,
Gr-18076, CI61-511, CI61-1362. jj Prentice; G—18710, G—19292.,The Pure Oil Co.; G—14351.1 Joseph M. Rault, Jr., Inc.; CI61-670.Republic Natural Gas Co.; G—13642,1 G—18344,
CI61-290, CI61-659.Richardson & Bass, Louisiana Account;
G-17399,2 CI61-52, CI61-53, CI61-406,CI61-714, CI61-973.
Riverside Oil Co.; G-20182.Samedan Oil Corp.; G—17632, CI60—212.San Jacinto Oil and Gas Co.; 0160-532,Sands, Caroline Hunt, and Loyd B.; G-17398.2 Joseph E. Seagrams and Sons, Inc.; CI61-
1412.®Shallow Oil Company, Inc.; CI60-481, CI60-
698, CI61—452.Shell Oil Co.; G-15250, G-17560,2 G-19044,
G-19214, G—19215, G-19569, G-19570,G-19573, G—19840, G-20324, G-20567,CI60-14, CI60-69, CI01-1O66, CI61-1421.
Shoreline Exploration, Inc.; CI60-356, CI61-1015.
Sinclair Oil and Gas Co.; G-17917, G-20297, CI61-76, CI61-390, CI61-1257.
Skelly Oil Co.; CI61-1419.Socony Mobil Oil Co., Inc.; G-13780,1
G-17401,2 G—17625, CI60-310, CI60-311,CI60-392, CI61-674, CI61-1128.
Sohio Petroleum Co.; G-13973,1 G-19457, CI60-489, CI60-501, CI60-522, CI61-638.
Southwest Gas Producing Co., Inc.; G-20046.Southwest Resources, Inc.; G-20103.Sun Oil Co.; G-13710,1 G-14254,1 G-15122,®
G-15267, G-19574, CI60-75, CI60-490.Sunray Mid-Continent' Oil Co.; 0-14753,4
CI60-250, CI60-353, CI60-477.The Superior Oil Co.; G-16388,4 0-16754,
G-17412, CI60-681, CI61-167, CI61-168, CI61-537, CI61-1436, CI61-1481.
Tennessee Louisiana Oil Co.; CI61-596.Texaco, Inc.; G-16994, G-20251, CI0O-518,
CI61-955, CI61-962, CI61-1416, CI61-1420, CI61-1438, CI61-1463.
Texaco Seaboard, Inc.; G-13169.1Texas Crude Oil Co.; G-20124.Texas Gas Exploration Corp.; G-17336,2
CI60-76, CI61-1125.Texas Gulf Producing Co.; G-14832.Tex-Star Oil ¿5 Gas Corp.; CI61-1524.Tidewater Oil Co.; G-14385,1 G-16172,
G-17463,2 G—17474,2 G-17475,2 G-17483,2 CI60-142, CI60-430, CI61-171.
J. C. Trahan Drilling Contractors, Inc.; G-18287.
Trice Production Co.; CI60-17.The TXL Oil Corp.; CI61-969.Union Oil Co. of California; \ G-14203,1
G-16021, G—17010, G—17457,2 G-19333,G-19^82, G—20568, CI61-165, CI61-166,CI61-331, G—14362.1
Union Oil & Gas Corp.; G—14227.1Union Producing Co.; CI60-344, CI60-622,
CI61-1U1.Union Texas Natural Gas Corp.; CI61-1411.*U.S. Oil of Louisiana, Inc.; CI60-607, CI61-
144.W. W. P. Oil Corp.; CI61-552. Walker, W. E.; CI60-483, CI60-638. walker and Meeker; G-13265. Weiner, Ted; G-20126.Williams Brothers Co.; CI61-1042.
nr,«nr0dlicers herein are the pariand such hsting does not necei
tif. J * nClUde aU parties covered by the cej i aPPlicati°n involved.
her»ir,e ? om^ o n ’s original certiflcatic (20 FP c 264) was remanded by tl
No. 94------ 4
United States Court of Appeals for the Third Circuit, upon direction of the United States Supreme Court (361 UJS. 195), “for reconsideration and redetermination in the light of Atlantic Refining Co., et aL v. Public Service Commission of New York, et al., 360 U.S. 378.”
2 The Commission’s unconditional certification herein (22 FPC 378) was “reversed” by the United States Court of Appeals for the District of Columbia Circuit and the case remanded “for further proceedings not inconsistent with the opinion for this court” (see Public Service Commission v. F.P.C., 287 F . 2d 146).
3 Sale conveyed to Union Texas Natural Gas Corp. and Joseph E. Seagram & Sons, Inc., which parties have filed in Docket Nos. CI61-1411 and CI61—1412, respectively, covering the continuation of such sale.
4 The Commission’s order issuing an unconditional certificate herein (22 FPC 252) was vacated by. the United States Court of Appeals for the Ninth Circuit and the case remanded “for further proceedings consistent with the opinion of this Court” (see United Gas Improvement Co. v. F.P.C., 283 F . 2d 817).
5 The Commission’s original certificate order herein (22 FPC 351) was set aside by the United States Court of Appeals for the Fifth Circuit and the case remanded “for further appropriate action by the Commission.”
6 The Commission’s original certificate order herein (22 FPC 361) was vacated by the United States Court of Appeals for the Tenth Circuit and the case remanded “for further proceedings consistent with the opinion of the Court” (see United Gas Improvement Co. v. F.P.C., 287 F. 2d 159).
7 Amended to reflect change in ownership to General American Oil Co. of Texas.
8 Amended to reflect change in ownership to U.S. Oil of Louisiana, Inc. ,
8 Amended to reflect change in ownership to Agnes Cullen Arnold, et al.
[Docket No. AR61-2, etc.}Appen d ix C
Producer1 and Docket No.Amerada Petroleum Corp.; RI60-18.Arnold, Agnes Cullen, et al.; RI61-222. Atlantic Refining C04 G-9443, G-11247, G- . 11844, G—12159, G-13440, G-16127, G -
16518, G—16723, G -17741, G-19536,* G - 19580, G-19922, RI61-128,* RI61-131, RI61- 335.*
Austral Oil Company, Inc. (Operator) et al.; G—13842, G—16891, G-17797, G-19830, RI61- 179.
Austral Oil Co., Inc. (Operator) Agent for Oil Participations, Inc.; RI61-175.
Bel Oil Corp.; G-4505, G-14259, G-18217, G- 19158.
The British American Oil Producing Co.(Operator) et al.; RI61-174.
Cabot Corp.; RI61-173.The California Co., a division of California
Oil Co.; G—14313, G-16682, G-19535, G - 20346.
F. A. Callery, Inc. (Operator) and Agent; G—12202, G—12203, G-13616, G-16330, G - 17604, G-17822, RI60-251, RI61-225, RI61- 302.
Chicago Stockyards Research Co. (Operator) et al.; RI61-28.
Cities Service Co.; G-16517, G-19639,* Rl6i - 109,* RI61-262, RI61—263.
Cities Service Production Co.; G-19635, G- 19851, RI61-164.
Columbian Carbon Co.; G-14101, G-17157, G-19942, RI61-238.
Continental Oil Co.; G-16701, G-17936, G - 19855, RI60-165, RI61-470.*
Crescent Oil & Gas Corp.;2 G-12439.Crow, David, Trustee; G-20083.
See footnotes at end of appendix.
Cunningham, James M. (Operator) et al.; RI60-232.
Forest Oil Corp.; G-16728, G-19939, G-19940. RI61-186, RI61-187.
Frankel, R. R.; G-19948, RI60-334.Gas Gathering Corp.; G—20118.General American Oil Co. of Texas; G-19476,
RI61—321.General Crude Oil Co.; G-16727.Goff, J . R., Trustee; G-14053, 0-17527,
G—20441, RI60—472.Gulf Oil Corp.; G-18669, G-19865, G-19911,
RI60-392, RI61-40, RI61-170.*Hawkins, H. L., and Hawkins, H. L., Jr.; G -
16314, G—19943,Hudson, E. J., et al.; RI60-211.Humble Oil & Refining Co.; G-8925, G-9508,
G—9521, G-9522, G-9523, G-9574, G-9679, Q—11813, G-11314, 0-11315, G-11316, G - 11317, G—11539, G-13443, G-13609, G-13615, G—15180, G—16687, G-16698, G-16801, G - 16957, G—16958, 0-19903, G-20014, G-20214, RI60—187, RI61-78, RI61-132.*
Hunt, H. L.; G-13837, G-17163, G-20071, G - 20340, RI60—427.
Hunt, Estate of Lyda Bunker; G-13840, G - 17162, G—20445, RI60-432.
Hunt, W. H.; G-19930.Hurt Oil & Gas Corp.; RI61-299.Jameson, F. E., et al.; G-48672.Jefferson Lake Sulphur Co.; G-12303, G -
17997, RI61-330.Kerr-McGee Oil Industries, Inc.; G—16082,
G-16897, G-17155, G-17882, 0-19872, G - 19914, RI60-452, RI61-191.
Langton, Claude M., Trustee; G-14054, G - 17164, 0-20456, RI60-428.
Maracaibo Oil Exploration Corp.; G-6279, G—13032, RI60—138.
Mayfield, M. L.; G-11615, G-16519, G-20064.J . Ray McDermott & Company, Inc.; G-12158.Mecom, John W .;3 G-10357, G-19874, G -
19875, G-19924.Midwest Oil Corp.; 0-19912, RI60-182, RI61-
251.Mound Company, et al.; G-20275.*Nicklos Oil & Gas Co., et al.; G-11711.The Ohio Oil Co.; RI61-421.Oil Participations, Inc.; 4 G-13177, G-18270,
G—19913.Owen, J. P. (Operator) et al.; 0-20555, RI61-
220 .Pan American Petroleum Corp.; G-8614; G -
9500, G—9603, G-10144, G-11331, G-11332, 0-11446, 0-12285, G-13442, G-13564, G -
* 14730, G-16514, G-16515, 0-16516, 0-18106, G-19482,* G—19641, G-19642, G-19654,RI60—126, RI60-239, RI61-4, RI61-136,RI61-137, RI61-183,* RI01-294, RI61-401.
Penton, E. Doyle & D. N.; G-17800.Petroleum, Inc. (Operator) et al.; G-20276,
RI61-295.Phillips Petroleum Co.; G-11991, G-14260,
G—16600, G-16712, G-16803, G-17156, G - 17267, G—17740, G-17920, 0-18414, G-20013,
. G-20352.Placid Oil Company, et al.; G-13180.Prentice, Robert B. (Operator) et al.; G-
19475.The Pure Oil Co.; 0-14050, G-16790, G-17729,
G—17764, RI61-331.Rasberry, Elge; G-12625.Rebstock & Reeves Drilling Co. (Operator)
et al.; G-17738, 0-19941, RI61-232.Rutherford, P. R.; G-17928.Samedan Oil Corp. (Operator) et al.; RI61-
313.Secure Trusts; 0-13839, G-17161, G-20455,
RI60-429.Shallow Oil Co., Inc. (Operator) et al.; RI61-
315.Shell Oil Co.; RI60-309, RI61-116.Sinclair Oil & Gas Co.; G-17725, G-17739, G-
19890, RI61-34, RI61-264.Slick Oil Corp.; 0-14055.Socony Mobil Oil Co., Inc.; G-12193, 0-12201,
0-13437, G—14068, G-15410, G-15411, G - 16691, 0-17526, G-17622, G-19649, G- 20343, RI60—422, RI61-113,* RI61-441.
Sohio Petroleum Co.; G-19538, RI61-217.
4300 NOTICESSouthwest Gas Producing Co., Inc.; G-16714,
G—18100.Sun Oil Co.; G-19907,* G-20447, RI60-410,
RI61-129, RI61-276.Sunnyland Contracting Co.; G-19896.Sunray Mid-Continent Oil Co.; G-6822,
G—13741, G—16484, G-17726, G-17727, G - 19904, G-19905,* G-19906, RI61-93, RI61- 462.
The Superior Oil Co.; G-11845, G—17989, G—I q o o o r>_9 0 R 7 7
Texaco,’ Inc.; G-19897,* G-19916, G-19917, G—19918, G—20012, G-20433,* RI61-89,RI61-148, RI61-149,* RI61-150,* RI61-237, RI61—419.
Texaco Seaboard, Inc.; G-17613.Texas Gulf Producing Co.; G-9476, G-11536,
G-13848,“ G—14069, G-14112, G-15056, G - 17158, G—17372, G-17373, G-17884, G - 17925, G—19910, RI60-402, RI60-403, RI61- 223.
Tidewater Oil Co.; G-13378, G-13386, G - 13436, G—13580, G-16593, G-16594, G-17998, G-17999, G—18751, G-19646,* G-19647,*G-19900, G—20011, RI61-124,* RI61-125,* RI61-159, RI61-292, RI61-297.
Trice Production Co.; G-18516.Union Oil Company of California; G-13438,
G—16602, G-19006, G-19609, RI60-431,RI60—450, RI61—80.
Union Producing Co.; G-20204.Vincent & Welch, Inc. (Operator) et al.;
G—19261.Walker, Willard E.; G-18099.Webster, C. B.; G-14187.Weiner, Ted (Operator) et al.; G-17993,
G—19901.Wrightsman, Charles B.; RI60-163.
♦This proceeding is consolidated only insofar as it pertains to sales in South Louisiana.
-1 This producer designation is for general identification and may not include all of the respondents designated in the respective orders initiating rate suspension proceedings.
2 Now Southwest Resources, Inc.3 Now United States Oil of Louisiana, Inc.4 Now Austral Oil Company, Inc., agent for
Oil Participations, Inc.
[P.R. Doc. 61-4494; Piled, May 16, 1961; 8:46 a. m.]
SECURITIES AND EXCHANGE COMMISSION[Pile No. 1-3848]
APEX MINERALS CORP.Order Summarily Suspending Trading
May 11, 1961.The common stock, $1.00 par value, of
Apex Minerals Corporation, being listed and registered on the San Francisco Mining Exchange, a national securities exchange; and
The Commission being of the opinion that the public interest requires the summary suspension of trading in such security on such Exchange and that such action is necessary and appropriate for the protection of investors; and
The Commission being of the opinion further that such suspension is necessary in order to prevent fraudulent, deceptive or manipulative acts or practices, with the result that it will be unlawful under section 15(c) (2) of the Securities Exchange Act of 1934 and the Commission’s Rule 15c2-2 thereunder for any broker or dealer to make use of the
mails or of any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of such security, otherwise than on a national securities exchange;
It is ordered, Pursuant to section 19 (a)(4) of the Securities Exchange Act of 1934 that trading in said security on the San Francisco Mining Exchange be summarily suspended in order to prevent fraudulent, deceptive or manipulative acts or practices, this order to be effective for a period of ten (10) days, May 11, 1961, to May 20, 1961r both dates inclusive.
By the Commission.[SEAL] ORVAL L. DUBOIS,
Secretary.[F.R. Doc. 61-4516; Filed, May 16, 1961;
8:48 a.m.]
[File No. 70-3962]
MICHIGAN WISCONSIN PIPE LINE CO. AND AMERICAN NATURAL GAS CO.
Notice of Filing of Application-Declaration Regarding the Issuance and Sale of Bonds; Increase in Authorized Capital Stock; Sale of Common Stock
May 10, 1961.Notice is hereby given that American
Natural Gas Company (“American”), New York, New York, a registered holding company, and its subsidiary company, Michigan Wisconsin Pipe Line Company (“Michigan”) , Detroit, Michigan, have filed with this Commission a joint application-declaration and an amendment thereto pursuant to the provisions of the Public Utility Holding Company Act of 1935 (“Act”) and the General Rules and Regulations promulgated thereunder. American and Michigan have designated sections 6(b), 9, 10, and 12(f) of the Act and Rules 43 and 50 promulgated thereunder as applicable to the proposed transactions.
All interested persons are referred to the joint application-declaration on file at the office of the Commission for a statement of the transactions therein proposed, which are summarized as follows:
Michigan proposes to issue and sell, subject to the competitive bidding requirements of Rule 50 under the Act, $30,000,000 principal amount of its FirstMortgage Pipe Line B o n d s,_percentSeries due 1981 (“New Bonds”) . The interest rate (to be a multiple of Vs of one percent) and the price to be paid to Michigan (to be not less than 100 percent nor more than 102% percent of the principal amount thereof, exclusive of accrued interest) will be determined by the bidding. The New Bonds will be dated June 15, 1961, will mature June 15, 1981, and will be issued under a Mortgage and Deed of Trust dated as of September 1, 1948, as heretofore supplemented and as to be further supplemented by a Twelfth Supplemental In denture to be dated as of June 1, 1961,
between Michigan and the First National City Trust Company (formerly city Bank Farmers Trust Company) and Joseph C. Williams, as trustees.
Michigan also proposes to increase the authorized number of its $100 par value common shares from 520,000 to 550,000 and to issue and sell these 30,000 shares to American. American proposes to acquire these shares for a cash consideration of $3,000,000.
The proceeds from the issuance and sale of the New Bonds and the additional shares of common stock will be used by Michigan to retire outstanding notes to banks maturing July 31,1961.
An application requesting authority to issue and sell the common stock and the New Bonds has been filed with the Michigan Public Service Commission. The joint application-declaration states that no other State commission and no Federal commission, other than this Commission, has jurisdiction over the proposed transactions.
I t is estimated that the fees and expenses in connection with the issuance and sale of the New Bonds will not exceed an aggregate of $160,000 including Federal original issue tax of $33,000, fees and taxes of various states of $21,000, counsel fees of Sidley, Austin, Burgess & Smith of $18,000, fees of local counsel of $10,000, accounting fees of Arthur Andersen & Co. of $6,000, Trustee’s fees and expenses of $13,000, fees of gas consultants of $10,000 and printing costs (including preparation of bonds) of $36,000.^ Fees of Brown, Wood, Fuller, Caldwell & Ivey, independent counsel for the underwriters, which are estimated to be $11,500, will be paid by the successful bidder. Fees and expenses in connection with the issuance and sale of common stock are estimated not to exceed "an aggregate $6,000 including Federal original issue tax of $3,000, and fees and taxes of various states of $2 ,000.
Notice is further given that any interested person may, not later than May 29, 1961, request the Commission in writing that a hearing be held with respect to such matters stating the nature of his interest, the reasons for such request, and the issues of fact or law which he desires to controvert; or he may request that he be notified should the Commission order a hearing thereon. Any such request should be addressed: Secretary, Securities and Exchange Commission, Washington 25, D.C. At any time after said date, the joint application-declaration, as filed and amended or as it may hereafter be further amended, may be granted and permitted to become effective as provided in Rule 23 of the rules and regulations promulgated under the Act, or the Commission may grant exemption from its rules as provided by Rules 20(a) and 100 thereof, or take such other action as it may deem appropriate.
By the Commission.[ sea l] O rval L. DuB ois,
Secretary.[F.R. Doc. 61-4517; Filed, May 16, 1961;
8:48 a.m.]
FEDERAL REGISTER 4301Wednesday, May 17, 1961
OFFICE OF CIVIL AND DEFENSE MOBILIZATION
GEORGIANotice of Major Disaster
Pursuant to the authority vested in me by the President under Executive Order 10427 of January 16, 1953, Executive Order 10737 of October 29, 1957, Executive Order 10773 of July 1, 1958, and Executive Order 10782 of September 6, 1958 (18 F.R. 407, 22 F.R. 8799, 23 F.R. 5061, and 23 F.R. 6971) ; by virtue of the Act of September 30, 1950, entitled “An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes” (42 U.S.C. 1855-1855g), as amended; and in furtherance of a declaration by the President in his letter dated March 2, 1961, reading in part as follows:
I hereby determine the damage in the various areas of the State of Georgia adversely affected by recent and current floods, to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement State and local efforts.
I do hereby determine the following areas in the State of Georgia to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of March 2, 1961:
The counties of:Baldwin.Banks.Barrow.Butts.Carroll.Clarke.Clayton.Cobb.Coweta.Crawford.Dawson.Douglas.Payette.Forsyth.Franklin.Gordon.Gwinnett.Hall.Hancock.Henry.Jackson.Jasper.Jones.Lamar.Lincoln.
Lumpkin.Madison.McDuffie.Meriwether.Monroe.Muscogee.Newton.Paulding.Pickens.Pike.Polk.Rabun.Rockdale.Spalding.Stewart.Talbot.Taliaferro.Taylor.Troup.Twiggs.Upson.Walton.Warren.Wilkinson.
Dated: May 8, 1961.F rank B. E llis ,
Director.[F.R. Doc. 61-4513; Filed, May 16, 1961;
8:48 a.m.]
IOWANotice of Major Disaster
Pursuant to the authority vested nrH5 , J nen President under Executi ° ™ 27 of January 16, 1953, Exec hve Order 10737 of October 29, 195a S wtlve ? rder 10773 of July 1, 19iber ° rder 10782 of Septer23 FR S i Q8 F R - 407> 22 F R - 87itue of 1* a?ld 23 F -R - 6971) i vi°f the Act of September 30, 19i
entitled “An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes” (42 U.S.C. 1855-1855g), as amended; and in furtherance of a declaration by the President in his letter to me dated March 31, 1961, reading in part as follows:
I hereby determine the damage in the various areas of the State of Iowa adversely affected by recent and current floods, to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement State and local efforts.
I do hereby determine the following areas in the State of Iowa to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of March 31, 1961:
The counties of: Benton.Black Hawk. Bremer.Butler.Cedar.Cerro Gordo.Cherokee.Chickasaw.Clay.Clayton.Clinton.
Emmet.Fayette.Floyd.Howard.Linn.Mitchell.Muscatine.Taylor.Winneshiek.Woodbury.Worth.
Dated: May 8,1961.F rank B . E l u s ,
Director.[F.R. Doc. 61-4514; Filed, May 16, 1961;
8:48 a.m.]
FEDERAL DISASTER ASSISTANCENotice of Minimum State and Local
ExpendituresPursuant to the authority vested in me
by the President under Executive Order 10427 of January 16, 1953, Executive Order 10737 of October 29, 1957, Executive Order 10773 of July 1, 1958, and Executive Order 10782 of September 6, 1958 (18 F.R. 407, 22 F.R. 8799, 23 F.R. 5061, and 23 F.R. 6971); by virtue of the Act of September 30, 1950, entitled “An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes” (42 U.S.C. 1855-1855g), as amended; and in furtherance of the requirements of section 1710.15 of the Federal Civil Defense Administration (now Office of Civil and Defense Mobilization) Federal Disaster Assistance Regulations (23 F.R. 3636), reading in part as follows:
(a) Effective July 1, 1959, Federal assistance under Public Law 875 in any State will be available only after the Governor of that State certifies that the total of State and local expenditures and obligations (or resources utilized) by the government of such State, local government thereof, or other agencies (over and above their normal expenditures) for disaster relief purposes exceeds an amount published annually by the Administrator as the minimum for that State in that disaster and for all disasters during the twelve-month period immediately preceding the request for assistance under Public Law 875.
The following annual schedule of minimum State and local expenditures and
obligations which became effective July 1, 1959 (24 F.R. 2759), as extended until June 30,1961, shall remain in effect until June 30,1962.
$250,000 minimumAlaska.Hawaii.Idaho.Nevada.New Hampshire. North Dakota.
Puerto Rico. South Dakota. Vermont. Virgin Islands. Wyoming.
minimum$500,000Arizona.Arkansas,Delaware.District of Columbia: Maine.
Mississippi.Montana.New Mexico. Rhode Island. Utah.
$1,000,000 minimumAlabama.Colorado.Kansas.Kentucky.Nebraska.
Oklahoma.Oregon.South Carolina. West Virginia.
$1,500,000 minimumConnecticut.Florida.Georgia.Iowa.Louisiana.Maryland.
Minnesota. North Carolina. Tennessee. Virginia. Washington.
$2,000,000 minimumIndiana, Missouri.Massachusetts. Wisconsin.
$2,500,000 minimumMichigan. Ohio.New Jersey. Texas.
$3,000,000 minimumCalifornia. New York.Illinois. Pennsylvania.
Expenditures and obligations (or resources utilized) for disaster relief purposes, as used herein, are those which are over and above normal expenditures. Expenditures for usual recurring emergency costs in fire fighting; snow removal; street, road, and bridge maintenance;' mosquito control, etc., from regular appropriations for these purposes, are considered to be normal expenditures.
Dated: May 8, 1961.F rank B . E l l is ,
Director.[F.R. Doc. 61-4515; Filed, May 16, 1961;
8:48 a.m.]
GEORGE T. PIERCYAppointee’s Statement of Changes in
Business InterestsThe following statement lists the
names and concerns required by subsection 710(b) (6) of the Defense Production Act of 1950, as amended.
Standard Oil Company (N .J.).Schering Corporation.National Gypsum.Park Davis.Radio Corporation of America.Anaconda.Kenneeott Copper.Amer. Radiator and Sanitary Corp.Crane Co.Chrysler.Axe Houghton Fund.
4302 NOTICESCanadian Fund.Director of Esso Tankers, Inc,This amends statement published Oc
tober 12, I960 (25 F.R. 9798).George T . P ier cy .
March 20, 1961.[F.R. Doc. 61-4447; Filed, May 15, 1961;
9:45 a.m.]
INTERSTATE COMMERCE COMMISSION
[Notice 162] ~
MOTOR CARRIER ALTERNATE ROUTE DEVIATION NOTICES
May 12, 1961.The following letter-notices, of pro
posals to operate over deviation routes for operating convenience only with service at no intermediate points have been filed with the Interstate Commerce Commission, under the Commission’s deviation rules revised, 1957 (49 CFR 211.T (c) (8)) and notice thereof to all interested persons is hereby given as provided in such rules (49 CFR 211.1(d) (4) ).
Protests against the use of any proposed deviation route herein described may be filed with the Interstate Commerce Commission in the manner and form provided in such rules (49 CFR 211.1(e)) at any time but will not operate to stay commencement of the proposed operations unless filed within 30 days from the date of publication.
Successively filed letter-notices of the same carrier under the Commission’s deviation rules revised, 1957, will be numbered consecutively for convenience in identification and protests if any should refer to such letter-notices by number.
Motor Carriers o f P roperty
No. MC 730 (Deviation No. 11), PACIFIC INTERMOUNTAIN EXPRESS CO., 14th and Clay Streets, Oakland 4, Calif., filed April 26, 1961. Carrier proposes to operate as a common carrier, by motor vehicle, of general com m odities, with certain exceptions, over a deviation route as follows: From Boise, Idaho over Interstate Highway 80N to Echo, Utah, and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities over pertinent service routes, as follows: From Denver, Colo., over U.S. Highway 287 to Laramie, Wyo., thence over U.S. Highway 30 to junction U.S. Highway 30S, thence over U.S. Highway 30S via Unitah, Utah to Ogden, Utah, and thence over U.S. Highway 91 to Salt Lake City, Utah; from Salt Lake City over U.S. Highway 91 to Pocatello, Idaho; and from Salt Lake City over U.S. Highway 91 to Brigham City, Utah (also from junction U.S. Highway 91 and Utah Highway 106, formerly Alternate U.S. Highway 91, over Utah Highway 106) and thence over U.S. Highway 91 to Brigham City, Utah; and thence over U.S. Highway 30S to Burley, Idaho, and
thence over U.S. Highway 30 to Boise, and return over the same routes.
No. MC 730 (Deviation No. 12), PACIFIC INTERMOUNTAIN EXPRESS CO., 14th and Clay Streets, Oakland 4, Calif., filed May 2, 1961. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: from Omaha, Nebr., over Interstate Highway 80 to San Francisco, Calif., and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities over pertinent service routes as follows: from Salt Lake City, Utah, over U.S. Highway 40 to San Francisco; from Lincoln, Nebr., over U.S. Highway 6 to Omaha; from Omaha over Nebraska Highway 38 to junction Nebraska Highway 50, thence over Nebraska Highway 50 to Millard, Nebr., thence over Nebraska Highway 31 to junction U.S. Highway 6, thence over U.S. Highway 6 to Lincoln, Nebr., thence over U.S. Highway 34 to junction U.S. Highway 281 (also from Lincoln over U.S. Highway 6 to junction Nebraska Highway 15, thence over Nebraska Highway 15 to junction U.S. Highway 34 near Seward, Nebr.), thence over U.S. Highway 281 to Grand Island, Nebr., thence over U.S. Highway 30 via Ogallala, Nebr., to Cheyenne, Wyo., thence over U.S. Highway 85 via Greeley, Colo., to Denver, and return over the same routes; and from Uintah, Utah, over U.S. Highway 89 to junction Alternate U.S. Highway 89, thence over Alternate U.S. Highway 89 to junction U.S. Highway 91, and thence over U.S. Highway 91 to Salt Lake City; and return, from Salt Lake City to Laramie, Wyo., as specified above, thence over U.S. Highway 30 to Cheyenne, Wyo., and thence over U.S. Highway 85 to Denver.
No. MC 1187 (Deviation No. 4), CUSHMAN MOTOR DELIVERY COMPANY, INC., 1480 West Kinzie Street, Chicago 22, 111., filed April 27, 1961. Carrier proposes to operate as a common carrier, by motor vehicle, of general com m odities, with certain exceptions» over a deviation route as follows: From Van Wert, Ohio, over U.S. Highway 127 to junction Ohio Highway 185, thence over Ohio Highway 185 to junction Ohio Highway 48, thence over Ohio Highway 48 to junction Ohio Highway 70 and thence over Ohio Highway 70 to Troy, Ohio, and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities over a pertinent service route as follows: From Van Wert over U.S. Highway 30 to junction U.S. Highway 25, thence over U.S. Highway 25 to Troy, and return over the same route.
No. MC 7746 (Deviation No. 2), UNITED TRUCK LINES, INC., East 915 Springfield Avenue, Spokane 2, Washington, filed April 25,1961. Carrier proposes to operate as a common carrier, by motor vehicle, of general com m odities, with certain exceptions, over a deviation route as follows: From Boise,
Idaho, over Interstate Highway 80 N to Portland, Oreg., and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities over pertinent service routes as follows: From Portland over U.S. Highway 99 to Vancouver, Wash,, thence over U.S. Highway 830 to Mary- hill, Wash., thence over U.S. Highway 97 to Toppenish, Wash., thence over unnumbered highway to Zillah, Wash., thence over U.S. Highway 410 to Pasco, Wash., and thence over U.S. Highway 395 to Spokane; from Portland over U.S. Highway 30 to Boardman, Oreg. (also from Portland over alternate U.S. Highway 30 to junction U.S. Highway 30, thence over U.S. Highway 30 to Board- man) , thence over U.S. Highway 730 to junction U.S. Highway 395, thence over U.S. Highway 395 to Pasco; from U.S. Highway 30 on the south side of the Columbia River over Bridge of the Gods near Cascade Locks, Oreg., and connecting access highways to U.S. Highway 830 on the north side of the Columbia River; from U.S. Highway 30 on the south side of the Columbia River over a bridge at Hood River, Oregon, and connecting access highways to U.S. Highway 830 on the north side of the Columbia River; from U.S. Highway 30 on the south side of the Columbia River over a ferry at the Dalles, Oreg., and connecting access highways to U.S. Highway 830 on the north side of the Columbia River; from U.S. Highway 30 on the south side of the Columbia River over a ferry at Biggs, Oregon, and connecting access highways to U.S. Highway 830 on the north side of the Columbia River; from Troutdale over relocated U.S. Highway 30 to Dobson; from Spokane over U.S. Highway 195 through Pullman, Wash., to junction u ;s . Highway 95 (also from Pullman over Washington Highway 3 and Idaho Highway 8 to Moscow, Idaho, and thence over U.S. Highway 95 to junction U.S. Highway 195), thence over U.S. Highway 95 to junction U.S. Highway 30 near Fruitland, Idaho, thence over U.S. Highway 30 to Boise, and return over the same routes.
No. MC 10472 (Deviation No. 1), BYERS TRANSPORTATION COMPANY, INC., 4200 Gardner Avenue, Kansas City, Mo., filed April 24, 1961. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: From Kansas City, Mo., over Interstate Highway 29, to St. Joseph, Mo., and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities between
ghway 71. ..STo. MC 59680 (Deviation No. 9). ’RICKLAND TRANSPORTATION)., INC., P.O. Box 5689, Dallas 2, Tex., ;d April 24, 1961. Carrier proposes operate as a common carrier, by ha°" • vehicle, of general commodities,
certain exceptions, over a devia-• « t . _ T 1___ — 4-V .a i l i n P T . l f l T l
FEDERAL REGISTER 4303Wednesday, May 17, 1961
of U.S. Highway 75 and Interstate Highway 45 south of Dallas, Tex., over In terstate Highway 45 to junction U S . Highway 75 south of Corsicana, Tex., and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities between the same points over U.S. Highway 75.
No MC 65967 (Deviation No. 2), WILSON TRUCK COMPANY, 176 LaFayette Street, Nashville 2, Tenn., filed May 3, 1961. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain except tions, over a deviation route as follows: Prom Vincennes, Ind., over U.S. Highway 50 to junction Illinois Highway 33, thence over Illinois Highway 33 to junction Illinois Highway 1, thence over Illinois Highway 1 to junction U.S. Highway 24, thence over U.S. Highway 24 to junction Illinois Highway 49, thence over Illinois Highway 49 to Kankakee, 111., and thence over U.S. Highway 54 to Chicago,111., and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities between Vincennes and Chicago, over U.S. Highway 41.
No. MC 70151 (Deviation No. 3), UNITED TRUCKING SERVICE, INC., 3047 Lonyo Road, Detroit 9, Mich., filed April 24,1961. Carrier proposes to operate as a common carrier, by motor vehicle, of general commodities, with certain exceptions, over a deviation route as follows: Prom Marion, Ind., over Indian^ Highway 37 to Indianapolis, Ind., and return over the same route, for operating convenience only, serving no intermediate points. The notice indicates that the carrier is presently authorized to transport the same commodities over a pertinent service route as follows: From Marion, Ind., over Indiana Highway 9 to junction Indiana Highway 67, thence over Indiana Highway 67 to Indianapolis and return over the same route.
Motor Carriers of P assengers
No. MC-1501 (Deviation No. 65), TH GREYHOUND CORPORATION, 261 Hamilton Avenue, Cleveland 14, Ohi filed April 27, 1961. Carrier propose to operate as a common carrier, by mot< vehicle, of passengers and their bat gage, over deviation routes as follow! (A) Prom Portland, Maine, over Inte: fate Highway 95 to Brunswick, Main ana (B) from Augusta, Maine, over Ir terstate Highway 95 to Fairfield, Main and return over the same routes, f< peratmg convenience only, serving r
catSTí?ÍftL POlnts' The notice indth o S J í^ th+® carrier is Presently at E r k t0 transport passengers anroutp«! ac fg?ige over pertinent servic outes as follows: From Boston over U.fHShwav 17 Í? jun(ltlon Massachusett fngnway 17 (formerly U.S. Highway 1 'via S? °uer Massachusetts Highway 1 p assm I Uryport' Mass- (also via by Massflohí t í 0Und Newburyport) to thMassachusetts-New Hampshire Stat
line, thence over U.S. Highway 1 via Smithtown, N.H., and Portland and Belfast, Maine to Stockton Springs, Maine, thence over Alternate U.S. Highway 1 (formerly U.S. Highway 1) via Bangor and Brewer, Maine, to Ellsworth, Maine, thence over U.S. Highway 1 to the Ignited States-Canada Boundary line (also from junction U.S. Highway 1 and Alternate U.S. Highway 1, approximately 1.6 miles south of Portsmouth, N.H., over Alternate U.S. Highway 1, known as the Portsmouth Cutoff to junction Maine Turnpike, thence over the Maine Turnpike, to junction U.S. Highway 1, also from Portland over Maine Highway 100 via Lewiston, Augusta, and Fairfield, Maine, to Newport, Maine, thence over U.S. Highway 2 to Bangor; from Lewiston over Maine Highway 196 to Top- sham, Maine, thence over U.S. Highway 201 to Brunswick; from Waterville, Maine over U.S. Highway 201 to Skow- hegan, Maine; from Portland, Maine, over Maine Highway 100 to junction mi. numbered highway (formerly Maine Highway 100) near Greene, Maine, thence over dnnumbered highway via Greene to junction Maine Highway 100, thence over Maine Highway 100 via Win- throp, Maine to Bangor; from Portland over U.S. Highway 1 to junction Maine Highway 88 (formerly U.S. Highway 1), thence over Maine Highway 88 to Yarmouth, Maine, thence unnumbered highway (formerly U.S. Highway 1), to junction U.S. Highway 1, thence over U.S. Highway 1 to junction unnumbered highway (formerly U.S. Highway 1) thence over unnumbered highway via Rockport, Maine; from Augusta, Maine over U.S. Highway 201 to Gardiner, Maine, thence over Maine Highway 24 to South Gardiner, Maine; From junction new U.S. Highway 1 and Old U.S. Highway 1 near Portland, over New U.S. Highway 1 to junction Old U.S. Highway 1 east of Yarmouth, Maine; and from Topsham over U.S. Highway 201 to Gardiner, and return over the same routes.
By the Commission.[seal] Harold D. McCoy,
Secretary.[F.R. Doc. 61-4510; Piled. May 16, 1961;
8:47 a.m.]
[Notice 377]
MOTOR CARRIER APPLICATIONS AND CERTAIN OTHER PROCEEDINGS
May 12, 1961.The following publications are gov
erned by the Interstate Commerce Commission’s general rules of practice including special rules (49 CFR 1.241) governing notice of filing of applications by motor carriers of property or passengers or brokers under sections 206, 209, and 211 of the Interstate Commerce Act and certain other proceedings with respect thereto.
All hearings and pre-hearing conferences will be called at 9:30 o’clock a.m., United States standard time (or 9:30 o’clock a.m., local daylight saving time, if that time is observed), unless otherwise specified.
Applications Assigned for Oral Hearingor P re-H earing Conference
motor carriers of property
No. MC 8600 (Sub No. 18), filed May 8, 1961. Applicant: WERNER TRANSPORTATION COMPANY, a Corporation, 2601 32d Avenue South, Minneapolis, Minn. Applicant’s attorney: David Axelrod, 39 South La Salle Street, Chicago 3, 111. Authority sought to operate as a common carrier, by motor vehicle, over regular routes, transporting: G eneral com m odities (except those of unusual value, Classes A and B explosives, household goods as defined in Practices o f Motor Common Carriers o f Household Goods, 17 M.C.C. 467, commodities in bulk, and those requiring special equipment); serving the site of the Swift & Company plant, at or near Rochelle, 111., as an off-route point in connection with applicant’s regular routes to and from Chicago, 111.
No te : This application is subject to the “Special Rules of Procedure for Hearing”, published in the F ederal R egister, issue of April 26, 1961, in Motor Carrier Notice No. 374, dated April 21, 1961.
HEARING: June 6, 1961, at the Midland Hotel, Chicago, 111., before Joint Board No. 149, or, if the Joint Board waives its right to participate, before Examiner James C. Cheseldine.
No. MC 11220 (Sub No. 70) (CLARIFICATION), filed March 20, 1961, published in the F ederal R egister issue of April 26, 1961, republished as clarified this is s u e . Applicant: GORDONS TRANSPORTS, INC., 185 West Mc- Lemore Avenue, Memphis, Tenn. Applicant’s attorney: James W. Wrape, 2111 Sterick Building, Memphis, Tenn. Authority sought to operate as a common carrier, by motor vehicle, over a regular route, transporting: G eneral com m odities (except those of unusual value, Classes A and B explosives, commodities in bulk, commodities requiring special equipment, and those injurious or contaminating to other lading), between Decatur, Ala., and Atlanta, Ga., from Decatur over U.S. Highway 31 to junction Alabama Highway 67, thence over Alabama Highway 67 to junction U.S. Highway 278, thence over U.S. Highway 278 to Atlanta, and return over the same route, serving the intermediate points of Cedartown and Rockmart, Ga., and the off-route point of Cartersville, Ga., restricted to delivery on eastbound movement, and pickup on westbound “movement, and” points within 25 miles of Decatur, Ala., and points within 15 miles of Atlanta, Ga.
Note : Applicant states that the purpose of the instant application is to convert its present irregular route operations into a regular route operation; that no new points would be served and no new service would result. Applicant further states that if the Commission feels such action is required, applicant is willing to have its irregular route authority between the points named in this application cancelled. Common control may be involved. The purpose of this republication is to add the words "movement, and”, as shown above, inadvertently omitted from the previous publication.
4304 ’ NOTICES
HEARING: Remains assigned June 5, 1961, at Georgia Public Service Commission, 244 Washington Street SW., Atlanta, Ga., before Joint Board No. 157, or, if the Joint Board waives its right to participate, before Examiner C. Evans Brooks.
No. MC 29910 (Sub No. 53), filed May 10, 1961. Applicant: ARKANSAS-BEST FREIGHT SYSTEM, INC., 301 South 11th Street, Fort Smith, Ark. Applicant’s attorney: Edwin C. Reminger, 75 Public Square, Suite 1316, Cleveland 13, Ohio. Authority sought to operate as a com mon carrier, by motor vehicle, over regular routes, transporting: G eneral com m odities (except those of unusual value, Classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment); serving Medina, Ohio, as an off-route point in connection with applicant’s regular route operations to and from Akron and Cleveland, Ohio.
HEARING: May 22,1961, in Room 232, Old Post Office Building, Public Square and Superior Avenue, Cleveland, Ohio, before Joint Board No. 117, or, if the Joint Board waives its right to participate, before Examiner David Waters.
No. MC 30311 (Sub No. 19), filed May 10, 1961. Applicant: A.C.E.-FREIGHT, INC., 395 Baird Street, Box 1192, Akron, Ohio, Applicant’s attorney: Harold G. Hernly, 1624 Eye Street NW., Washington 6, D.C. Authority sought to operate as a common carrier, by motor vehicle, over regular routes, transporting: G eneral com m odities (except those of unusual value, Classes A and B explosives, household goods as defined by the Commission, commodities in bulk, commodities requiring special equipment, and those injurious or contaminating to other lading), serving Medina, Ohio, as an intermediate point on applicant’s regular route between Norwalk and Akron, Ohio, or as an off-route point in connection with its regular route operations between Tiffin, Akron, and Cleveland, Ohio. ' -
HEARING: May 22, 1961, at the Old Post Office Building, Room 232, Public Square and Superior Avenue, Cleveland, Ohio, before Joint Board No. 117, or, if the Joint Board waives its right to participate, before Examiner David Waters.
No. MC 30887 (Sub No. 108), filed May1, 1961. Applicant: SHIPLEY TRANSFER, INC., 534 Main Street, Reisters- town, Md. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Calcium carbide, dry, in bulk, in tank or hopper-type vehicles, from Ashtabula, Ohio, Ivanhoe, Va., and Niagara Falls, N.Y., to Baltimore, Md.
HEARING: June 21, 1961, at the Offices of the Interstate Commerce Commission, Washington, D.C., before Examiner Donald R. Sutherland.
No. MC 31600 (Sub No. 503), filed May2, 1961. Applicant: P. B. MTJTRIE MOTOR TRANSPORTATION, INC., Calvary Street, Waltham 54, Mass. Applicant’s attorney: H. C. Ames, Jr., Transportation Building, Washington 6, D.C. Authority sought to operate as a com m on carrier, by motor vehicle, over
irregular routes, transporting: Dry com m odities (except cement, salt, sugar, flour, ferro-alloys, fly ash, and building materials, as defined by the Commission in 61 M.C.C. 209, 255, 279), in bulk, in tank and hopper-type vehicles, from points in Worcester County, Mass., to points in Connecticut, Delaware, Maine, Maryland, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia, and refused and rejected shipments of the above-specified commodities, on return.
HEARING: June 23, 1961, at the Offices of the Interstate Commerce Commission, Washington, D.C., before Examiner Parks M. Low.
No. MC 35334 (Sub No. 52), filed May 4, 1961. A p p l i c a n t : COOPER-JARRETT, INC., 2113 West 73d Street, Chicago, 111. Applicant’s attorney: David Axelrod, 39 South La Salle Street, Chicago 3, 111. Authority sought to operate as a common carrier, by motor vehicle, over regular routes, transporting: G eneral commodities (except those of unusual value and Classes A and B explosives, household goods as defined in Practices o f Motor Common Carriers o f Household goods, 17 M.C.C. 467, commodities in bulk, and those requiring special equipment), serving the site of the Swift & Company plant at or near Rochelle, 111., as an off-route point in connection with applicant’s regular routes to and from Chicago, 111.
Note: This application is subject to the “Special Rules of Procedure for Hearing”, published in the F ederal Register, issue of April 26, 1961, in Motor Carrier Notice No. 374, dated April 21, 1961.
HEARING: June 6, 1961, a t the Midland Hotel, Chicago, 111., before Joint Board No. 149, or, if the Joint Board waives its right to participate, before Examiner James C. Cheseldine.
No. MC 48958 (Sub No. 56), filed May 8, 1961. Applicant: ILLINOIS-CALI- FORNIA EXPRESS, INC., 510 East 51st Avenue, Denver, Colo. Applicant’s a ttorney: Morris G. Cobb, (same address as applicant). Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: G eneral commodities (except Classes A and B explosives, household goods as defined by the Commission, commodities in bulk, those of unusual value, those requiring special equipment, and those injurious or contaminating to other lading) , between points in El Paso County, Tex.
HEARING: June 5, 1961, at the Hotel Paso, Del Norte, El Paso, Tex., before Joint Board No. 77, or, if the Joint Board waives its right to participate, before Examiner James A. McKiel.
No. MC 62133 (Sub No. 5) (CORRECTION), filed March 30, 1961, published issue of May 3, 1961, and republished as corrected this issue. Applicant: EVANS EXPRESS COMPANY, INC., 94 Van Guysling Avenue, Schenectady, N.Y. Applicant’s attorney: John J . Brady, Jr., 75 State Street, Albany 7, N.Y. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Fresh m eats, and packinghouse products, in mechanically
controlled refrigerated vehicles, from Schenectady, N.Y., to points in Berkshire County, Mass., and points in Bennington County, Vt., and rejected and dam aged shipments, and parts thereof, of the above-specified commodities, on return.
Note: The purpose of this republication is to show that the above commodities will be transported in mechanically controlled refrigerated vehicles in lieu of chemically controlled refrigerated vehicles shown in previous publication, in error.
HEARING: Remains as assigned June 15, 1961, at the Federal Building, Albany, N.Y., before Joint Board No. 318, or, if the Joint Board waives its right to participate, before Examiner Harold P. Boss.
No. MC 94201 (Sub No. 45), filed May 11, 1961. Applicant: BOWMAN TRANSPORTATION, INC., 1010 Stroud Avenue, P.O. Box 155, East Gadsden, Ala. Applicant’s attorney: H. Charles Ephraim, 1001 15th Street NW., Washington 5, D.C. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Building board, wallboard, insulating board, fiberboard, and pulpboard, from Greenville, Miss., to points in Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, and refused, dam aged, rejected and returned shipm ents of the above-specified commodities, on return.
HEARING: June 7,1961, at the Offices of the Interstate Commerce Commission, Washington, D.C., before Examiner John B. Mealy.
No. MC 103378 (Sub No. 205), filed May 4, 1961. Applicant: PETROLEUM CARRIER CORPORATION, 369 Margaret Street, Jacksonville, Fla. Applicant’s attorney: Martin Sack, Jr., 500 Atlantic National Bank Building, Jacksonville 2, Fla. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Rosin, in bulk, in tank vehicles, from Valdosta, Ga., to Mobile, Ala.
HEARING: June 14,1961, at the Mayflower Hotel, Jacksonville, Fla., before Joint Board No. 99, or, if the Joint Board waives its right to participate, before Examiner Samuel C. Shoup.
No. MC 107544 (Sub No. 4(D, filed May 1, 1961. Applicant: LEMMON TRANSPORT COMPANY, INCORPORATED, P.O. Box 580, Marion, Va. Applicant’s attorney: Wilmer B. Hill, Transportation Building, Washington 6, D.C. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Chocolate, in bulk, in tank vehicles, from Charlotte, N.C., to points in Alabama, Arkansas, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia, and (2) Edible oils, in bulk, in tank vehicles, from Boonton, N .J.; Cincinnati, Ohio; Chicago, 111.; Macon, Ga.; Chattanooga, and Memphis, Tenn., and New Orleans, La., to Charlotte, N.C.
FEDERAL REGISTER 4305Wednesday, May 17, 1961
HEARING: June 19, 1961, at the U.S. Court Rooms, Charlotte, N.C., before Examiner C. Evans Brooks.
No MC 109397 (Sub No. 47) (CORRECTION), filed October 17, 1960, published issue of January 11, 1961, republished issue of February 1, 1961, and republished as clarified, May 3,1961, re- miblished as corrected this issue. Applicant: TRI-STATE MOTOR TRANSIT CO, a corporation, P.O. Box 113, Joplin, Mo Applicant’s attorney: Max G. Morgan 443-54 American National Building,’Oklahoma City 2, Okla. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Source and special nuclear and by-product m aterials, radioactive and classified m aterials, and related reactor, experiment equipment, com ponent parts and associated m aterials, serving between the sites and facilities of the National Reactor Testing Station, other facilities of the U.S. Government, and U.S. Government contractors located in the Counties of Alameda, Contra Costa, Los Angeles, Ventura,-Santa Clara, and San Francisco, Calif.; Hartford, Middlesex, and New Haven, Conn.; Burke, Ga., Butte and Jefferson, Idaho; Dil Page, HI.; Baltimore, Md.; Bristol and Middlesex, Mass.; Wayne, Mich.; Bernalillo and Los Alamos, N. Mex.; Schenectady, Suffolk, and Westchester, N.Y.; Hamilton, Licking, Montgomery, and Summit, Ohio; Allegheny, Centre, and Westmoreland, Pa.; Anderson, Tenn.; Tooele, Utah; Campbell, Va.; and Benton, Wash.
No t e : The purpose of this republication is to add the counties of Butte and Jefferson, Idaho, inadvertently omitted from previous publication, and to correct the spelling of the Hearing Officer’s name.
HEARING: Remains as assigned June12,1961, in the Part East Hotel, Kansas City, Mo., before Examiner Hugh M. Nicholson.
No. MC 109875 (Sub No. 5), filed May 1, 1961. Applicant: ELMER H. ROCK, Clay, Pa. Applicant’s attorney: Christian V. Graf, 407 North Front Street, Harrisburg, Pa. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Frozen bakery products, in mechanically refrigerated vehicles, from Morgantown and Pottstown, Pa., to points in < New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, Maine, West Virgina (except Berkeley and Je f ferson Counties), Virginia (except Alexandria and points in Loudoun, Fairfax, Stafford, Prince William, Arlington, and Fauquier Counties), Michigan, Ohio, In diana, Illinois, Kentucky, Missouri, New York, and New Jersey. Frozen fruits, in mechanically refrigerated vehicles, from points in Michigan, Maine, Massachusetts, New York, Virginia, and New Je rsey to Morgantown and Pottstown, Pa.
HEARING: June 20, 1961, at the Of- nces of the Interstate Commerce Commission, Washington, D.C., before Ex- a®Jnei’ J- Thomas Schneider. iu °'cMC 110525 (Sub No. 449), filed S J - 1961- Applicant: CHEMICAL TANK LINES, INC., 520 East Lancaster AveiM«;, Downingtown, Pa. Applicant’s
orney: Leonard A. Jaskiewicz, Munsey
Building, Washington 4, D.C. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Dry com m odities (except flour, sodium chloride, beet and can^ sugar, and Portland and masonry cement), in bulk, in tank and hopper type vehicles and other specialized bulk transportation equipment and (2) rejec ted shipments of the commodities specified, between Boonton, Newark, Paulsboro, and Rahway, N.J., South Danville, Pa., and Stonewall, Va., on the one hand, and, on the other, points in Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia; (RESTRICTED AGAINST (1) Phosphate and phosphate rock from Philadelphia, Pa.; (2) Lime and limestone from Middletown, Va., and points within six (6) miles thereof, points in Dauphine, and Lebanon Counties, Pa., and points in Texas and Maryland; and (3) the following commodities from Baltimore, and Hagerstown, Md.: Fertilizer, fertilizer products, feed, feed ingredients, insecticides, asphalt, and asphalt products.)
No t e : Applicant holds contract authority in MC 117507 and Subs thereunder, therefore, dual operations may be involved.
HEARING: June 13, 1961, at 346 Broadway, New York, N.Y., before Examiner Francis A. Welch.
No. MC 110698 (Sub No. 152) (AMENDMENT AND CORRECTION), filed April 24, 1961, published F ederal R egister issue May 10,1961, republished as amended and corrected this issue. Applicant: RYDER TANK LINE, INC., P.O. Box 457, Greensboro, N.C. Applicant’s attorney: Frank B. Hand, Jr., Transportation Building, Washington 6, D.C. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Ferric sulphate, in bulk, in tank,'hopper or dump vehicles, from Copperhill, Tenn., to points in Kentucky, and OhioT and (2) Sulphuric a d d , in bulk, in tank vehicles, from Copperhill, Tenn., to points in Kentucky.
No te : The purpose of this republication is to include (2) above, and to correct the docket number inadvertently shown as No. MC 112595 (Sub No. 19).
HEARING: Remains as assigned, June 12, 1961, at the Georgia Public Service Commission, 244 Washington Street SW., Atlanta, Ga., before Examiner C. Evans Brooks.
No. MC 111812 (Sub No. 127) (CORRECTION), filed April 13, 1961, published in the F ederal R egister, issue of May 3, 1961, and republished as corrected this issue. Applicant: MIDWEST COAST TRANSPORT, INC., Wilson Terminal Building, P.O. Box 747, Sioux Falls, S. Dak. Applicant’s attorney: Donald L. Stem , 924 City National Bank Building, Omaha 2, Nebr. The purpose of this republication is to show that one of the destination points, Schenley, Pa., was incorrectly shown as Shenley, Pa.
HEARING: Remains as assigned June 6, 1961, at the U.S. Court Rooms, Sioux Falls, S. Dak., before Examiner FrankJ . Mahoney.
No. MC 112520 (Sub No. 62), filed May 1, 1961. Applicant: McKENZIE TANK LINES, INC., New Quincy Road, P.O. Box 161, Tallahassee, Fla. Applicant’s attorney: Sol H. Proctor, 1730 Lynch Building, Jacksonville 2, Fla. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Rosin, rosinous derivatives, m aterials, and products, and resin, resinous derivatives, m aterials, and products (not including gum rosin thermo strip), in bulk, in tank vehicles, from Valdosta, Ga., to Mobile, Ala.; and (2) rosin, rosinous derivatives, m aterials, and products, and resin, resinous derivatives, m aterials, and products, in bulk, in tank vehicles, from Baxley, Fitzgerald, and Tifton, Ga., to Mobile, Ala.
HEARING: June 14,1961, at the Mayflower Hotel, Jacksonville, Fla;, before Joint Board No. 99, or, if the Joint Board waives its right to participate, before Examiner Samuel C. Shoup.
No. MC 113514 (Sub No. 69)', filed May 8, 1961. Applicant: SMITH TRANSIT, INC., 305 Simons Building, Dallas 1, Tex. Applicant’s attorney: W. D. White, 1900 Mercantile Dallas Building, Dallas, Tex. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Fertilizer and urea feed ingredients, dry, in bulk, between points in Texas, Oklahoma, Kansas, Nebraska, Iowa, Missouri, Arkansas, Louisiana, Colorado, New Mexico, Arizona, Mississippi,-Tennessee, Illinois, Minnesota, Wisconsin, North Dakota, South Dakota, Michigan, and Indiana.
HEARING: June 15,1961, at the Baker Hotel, Dallas, Tex., before Examiner »TìITYÌAQ T
No. MC 113514 (Sub No. 70), filed May 8, 1961. Applicant: SMITH TRANSIT, INC., 305 Simons Building, Dallas 1, Tex. Applicant’s attorney: W. D. White, 1900 Mercantile Dallas Building, Dallas 1, Tex. Authority sought to-operate as a common carrier, by motor vehicle, over irregular routes, transporting: Soybean m eal, in bulk, in tank vehicles, hopper vehicles, hydraulic unloading dump vehicles, cable unloading dump vehicles, or tank type gravity unloading dump vehicles, between points in Texas, Oklahoma, Louisiana, and Arkansas.
HEARING: June 19,1961, at the Baker Hotel, Dallas, Tex., before examiner James I. Carr.
No. MC 113651 (Sub No. 37), filed May 3, 1961. Applicant: INDIANA REFRIG ERATOR LINES, INC., 2404 North Broadway, Muncie, Ind. Applicant’s attorney: William J . Boyd, 30 North LaSalle Street, Chicago 2, 111. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meat, m eat products, m eat by-products, and articles distributed by m eat packinghouses, as described in list A, B, and C of Appendix I in 61 M.C.C. 209, from Rochelle, 111., to points in Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New Hampshire, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Virginia, Vermont, West Virginia, and the District of Columbia, and empty containers or other such incidental facilities (not specified) used
M
4306 NOTICESin transporting the above-specified commodities, and refused and rejected shipments, on return.
No te : This application is subject to the “Special Rules of Procedure for Hearing”, published in the F ederal R egister, issue of April 26, 1961, in Motor Carrier Notice No. 374, dated April 21, 1961.
HEARING: June 6, 1961, at the Midland Hotel, Chicago, 111., before Examiner James C. Cheseldine.
No. MC 113855 (Sub No. 51), filed February 3, 1961. Applicant: INTERNATIONAL TRANSPORT, INC., U.S. Highway 52 South, Rochester, Minn. Applicant’s attorney: Gene P. Johnson, First National Bank Building Fargo, N. Dak. Authority sought to operate as a com m on carrier, by motor vehicle, over irregular routes, transporting: (a) Tractors (not including tractors with vehicle beds, bed fram es, or fifth w heels), attachm ents th ereo f when moving incidental to and in th e sam e vehicle with said tractors, and parts, between Charles City, Iowa, on the one hand, and, on the other, points in that part of Minnesota north of a line beginning at East Grand Forks, Minn., and extending in an easterly direction along U.S. Highway 2 to junction U.S. Highway 71, thence in a northeasterly direction along U.S. Highway 71 to the boundary of the United States and Canada near International Falls, Minn., including the points named and points on the indicated portions of the highways specified, (b) Tractors (not including tractors with vehicle beds, bed fram es, or fifth w heels) and attachm ents and parts th ereo f when moving incidental to and in the sam e vehicle with said tractors, between Charles City, Iowa, on the one hand, and, on the other, points in North Dakota and Montana. RESTRICTION: The above requested (a) authority is restricted to traffic originating at or destined to Charles City, Iowa, and the above requested (3) authority is restricted to traffic originating at, or destined to, Charles City, Iowa, and further restricted to traffic moving through East Grand Forks, Minn.
HEARING: June 21, 1961, at the Midland Hotel, Chicago, HI., before Examiner Raymond V. Sar.
No. MC 113855 (Sub No. 54), filed April25,1961. Applicant: INTERNATIONAL TRANSPORT, INC., Highway 52 South, Rochester, Minn. Applicant’s attorney: Alan Foss, First National Bank Building, Fargo, N. Dak. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting:(1) L ift trucks and tractors, regardless of how they are equipped (except trucks $,nd tractors used for pulling highway trailers), attachm ents and parts thereo f when moving incidental to and in the same vehicle with said lift trucks and tractors; from Danville, 111., and points within 5 miles thereof, to points in Oregon, Washington, Montana, Idaho, Wyoming, California, Nevada, Utah, Arizona, New Mexico, Colorado, North Dakota, South Dakota, and Minnesota, and (2) parts for lift trucks and tractors; from Danville, HI., and points within five miles thereof, to points in the above States.
HEARING: June 27, 1961, at the Offices of the Interstate Commerce Commission, Washington, D.C., before Examiner Gerald F. Coifer.
No. MC 114106 (Sub No. 29) (CORRECTION), filed April 13, 1961, published in the F ederal R egister, issue of May 3, 1961, and republished as corrected, this issue. Applicant: MAY- BELLE TRANSPORT COMPANY, PO. Box 573, Lexington, N.C. Applicant’s attorney: Dale C. Dillon, 1825 Jefferson Place NW„ Washington 6, D.C. Authority sought to operate as a common, carrier, by motor vehicle, over irregular routes, transporting: Sugar, dry in bulk, in vehicles designed for loading through top hatches, and discharging by gravity, from Baltimore, Md., to points in North Carolina.
Note : Applicant holds contract carrier authority under Permit No. MC 115176. The purpose of this republication is to correctly designate the type of vehicles as shown above, in lieu of tank vehicles inadvertently shown in previous publication.
HEARING: Remains as assigned June 5, 1961, at the Offices of the Interstate Commerce Commission, Washington, D.C., before Examiner Gordon M. Callow.
No. MC 115379 (Sub No. 6), filed April 28, 1961. Applicant: JOHN D. BOHR, JR ., R D . 2, Annville, Pa. Applicant’s attorney: Christian V. Graf, 407 North Front Street, Harrisburg, Pa. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Lim estone and Lim estone products, in bulk, from points in Dauphin and Lebanon Counties, Pa., to points in Baltimore, and Anne Arundel Counties, Md.
HEARING: June 19, 1961, at the Offices of the Interstate Commerce Commission, Washington, D.C., before Examiner Alton R. Smith.
No. MC 116254 (Sub No. 6), filed May2, 1961. Applicant: CHEM-HAULERS, INC., P.O. Box 245, Sheffield, Ala. Applicant’s attorney: Lon P. MacFarland, Middle Tennessee Bank Building, Columbia, Tenn. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Liquid chlorine, in ton containers, from Evans City, Ala., to Counce, Tenn., and empty containers or other such incidental facilities (not specified) used in transporting the above-specified commodity, on return.
HEARING: June 20, 1961, at the Dinkier-Andrew Jackson Hotel, Nashville, Tenn., before Joint Board No. 110, or, if the Joint Board waives its right to participate, before Examiner Warren C. White.
No. MC 117815 (Sub No. 7), filed May3, 1961. Applicant: PULLEY FREIGHT LINES, INC., 2341 Easton Boulevard, Des Moines, Iowa. Applicant’s representative: William A. Landau, 1307 East Walnut Street, Des Moines 16, Iowa. Authority sought to operate as a com mon carrier, by motor vehicle, over irregular routes, transporting: Poultry, eggs, dairy products, canned foods, and packing-house products, supplies, and equipment, from Rochelle, HI., to points in Iowa, on and east of U.S. Highway 69.
No te : This application is subject to the “Special Rules of Procedure for Hearing" published in the F ederal R e g iste r , issue of April 26, 1961, in Motor Carrier Notice No 374, dated April 21, 1961.
HEARING: June 6, 1961, at the Midland Hotel, Chicago, HI., before Joint Board No. 54, or, if the Joint Board waives its right to participate, before Examiner James C. Cheseldine.
No. MC 119226 (Sub No. 37), filed May 10, 1961. Applicant: LIQUID TRANS- I PORT CORP., 3901 Madison Avenue, Indianapolis 27, Ind. Applicant’s attorney: Robert W. Loser, 409 Chamber of Commerce Building, Indianapolis, Ind. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Animal fats, vegetable oils and blends thereof, in bulk, in tank vehicles, between Rochelle, 111., on the one hand, and, on the other, points in Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Georgia, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Dakota, Tennessee, West Virginia, Virginia, and Wisconsin.
No te : This application is subject to the “Special Rules of Procedure for Hearing,” published in the F ederal Register, issue of ' April 26, 1961, in Motor Carrier Notice No. 374, dated April 21, 1961.
HEARING: June 6, 1961, at the Midland Hotel, Chicago, HI., before Examiner James C. Cheseldine.
No. MC 119449 (Sub No. 2), filed May 3, 1961. Applicant: ANTHONY H.SANTIAGO AND MARIO CECCHINI, doing business as BISON CITY CARTAGE CO., 500 Niagara Frontier Food Terminal, Buffalo 6, N.Y. Applicant’s attorney: Thomas J . Runfola, 631 Niagara Street, Buffalo 1, N.Y. Authority sought to operate as a common carrier, \ by motor vehicle, over irregular routes, i transporting: Meats, m eat products and packing-house products, from Buffalo, N.Y., to Oneida, New Haven, and Utica, N.Y., and empty containers or other such incidental facilities (not specified) used in transporting the above-specified commodities, on return.
HEARING: June 29,1961, at the Hotel Buffalo, Washington and Swan Streets, Buffalo, N.Y., before Examiner Harold P. Boss.
No. MC 123069 (Sub No. 1), filed May 11, 1961. Applicant: ALLER & SHARP, INC., 817 West Fifth Avenue, Columbus, Ohio. Applicant’s attorney: Joseph M. Scanlan, 111 West Washington Street, Chicago 2, 111. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Meat, m eat products, meat by-products, dairy products and articles distributed by m eat packing houses as described in 61 M.C.C. 209 and 766, between Rochelle, 111., on the one hand, and, on the other, Columbus, Lima, Marion, Upper Sandusky, Bucyrus, Mansfieia, Springfield, and Dayton, Ohio.
No te : This application is subjcrt tothe “Special Rules of Procedure for Hearing published in the F ederal R egister, issue
FEDERAL REGISTER 4307Wednesday, May 17, 1961
Anril 26 1961, in Motor Carrier Notice No. 374, dated April 21, 1961.
HEARING: June 6, 1961, at the Midland Hotel, Chicago, 111., before Joint Board No. 58, or, if the Joint Board waives its r ig h t to participate, before Examiner James C. Cheseldine.
No MC 123639, filed May 3, 1961. Applicant: J . B. MONTGOMERY, INC., 4916 Jackson Street, Denver 16, Colo. Applicant’s attorney: Beverley S. Simms, 910 17th Street NW., Washington 6, D.C. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: (1) Animal fats, animal oils, and vegetable oils, including products and blends of said commodities, in bulk, in tank vehicles, from Bradley,111., to points in Connecticut, Colorado, Delaware, the District of Columbia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and Wisconsin. (2) Animal fa ts and animal oils, in bulk, in tank vehicles, from points in Illinois, Iowa, Kansas, Nebraska, and Minnesota, to Bradley, 111. (3) Vegetable oils, in bulk, in tank vehicles, from points in Iowa and Illinois, to Bradley, 111. (4) Empty containers or other such incidental facilities (not specified) used in transporting the above (1), (2), and (3), described commodities, on return.
Note: Applicant sets forth the following restriction: the authority requested in (1) above will not be tacked or combined with the authority requested (2) and (3) above for the rendition of a through service. Applicant has a pending contract application in No. MC 72273 ■ and Subs thereunder, therefore, dual operations may be involved.
HEARING: June 22, 1961, at the Offices of the Interstate Commerce Commission, Washington, D.C., before Examiner James A. McKiel.
MOTOR CARRIERS OP PASSENGERS
No. MC 119142 (Sub No. 1), file April 28, 1961. Applicant: A. J . ARCH AMBEAULT, doing business as ARCH AMBEAULT & FILS ENR., 765 St. Pete Street, St. Hyacinthe, Province of Que bee, Canada. Applicant’s attorney John j. Brady, Jr., 75 State Street, A1 bany 7, N.Y. Authority sought to oper
vL as a c07nmo n " carrier, by moto vehicle, over irregular routes, transport
Passengers and their baggage, ii charter operations, beginnini
and ending at the International BoundS o ’ J between the United State ana Canada, at or near the Ports o £ntry of Champlain and Rouses Point
a? d Swanton and Derby Line, Vt. Nw extending to points in New York j Pr l ? a^ pshire> Maine* Vermont, Nev E ; Pennsylvania, Florida, Massa nusetts, and Washington, D.C.
states the operations pro restriction e+?e*formed ^ subject to th,
charter parties shall origi (1) on ° nly at P°ints locate<St- Hyacinthp0 Hlfhways 12 and 21> betweei mini Doint! ! and Sorel> including said ter said rout« the intermediate points oi St. Denis and J ’h o m a s > L a Presentation ways 5U <2> on Quebec High■ i. 47 and 1, between St. Denis ant
No. 94------s
Longueuil, including said termini points and the intermediate points on said routes of St. Charles, St. Hilaire, Beloeil, McMaster- ville, St. Basile, St. Hubert, and Jacques Cartier.
HEARING: June 13, 1961, at the Federal Building, Albany, N.Y., before Examiner Harold P. Boss.A p p l i c a t i o n s i n W h i c h H a n d l i n g W i t h - '
o u t O r a l H e a r i n g i s R e q u e s t e d
m o t o r c a r r ie r s o f p r o p e r t y
No. MC 17453 (Sub No. 15), filed May 8, 1961. Applicant: HULBERT FORWARDING CO., INC., 590 Elk Street, Buffalo 10, N.Y. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Auton\obiles, during the season of closed navigation; from points in Macomb and Wayne Counties, Mich., to Rome and Cooperstown, N.Y., and points on New York Highway 5.
No t e : (1) Applicant presently is authorized to conduct the above-described operations, among others, by virtue of Certificate No. MC 17453 (Sub No. 1), dated March 8, 1940. Those operations, however, are subject to a condition reading (b) “during the season extending from the 10th day of December to the 1st day of April, inclusive.” The purpose of this application is to substitute a condition reading: “During the season of closed navigation” for the specific dates of December 10 and April 1. (2) Common control may be involved.
No. MC 59680 (Sub No. 131) (AMENDMENT), filed March 31, 1961, published in F e d e r a l R e g i s t e r , issue of April 26, 1961, amended May 4, 1961, republished as amended this issue. Applicant: STRICKLAND TRANSPORTATION CO., INC., P.O. Box 5689, Dallas 2, Tex. Applicant’s attorney : W. T. Brunson, 419 Northwest Sixth Street, Oklahoma City 3, Okla. Authority sought to operate as a common carrier, by motor vehicle, over regular routes, transporting: G eneral com m odities (except those of unusual value, Classes A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring spécial equipment), (1) between Memphis, Tenn.rand San Antonio, Tex.; from Memphis over U.S. Highway 79 to its junction with U.S. Highway 167 at For- dyce, Ark., thence over U.S. Highway 167 to its connection with Louisiana Highway 9 at the Arkansas-Louisiana State line in Junction City, Arkansas-Louisiana, thence over Louisiana Highway 9 to its junction with U.S. Highway 79 at Homer, La., thence over U.S. Highway 79 to its junction with U.S. Highway 81 (Interstate Highway 35) at Round Rock, Tex., thence over U.S. Highway 81 (Interstate Highway 35) to San Antonio, and return over the same route, serving no intermediate points, as an alternate route for operating convenience only, in connection with applicant’s authorized regular routes. (2) Between Little Rock, Ark., and San Antonio, Tex.; from Little Rock over U.S. Highway 167 to its connection with Louisiana Highway 9 at Junction City, Arkansas-Louisiana, thence over Louisiana Highway 9 to its junction with U.S. Highway 79 at Homer, La., thence over UB. Highway 79 to its junction with U B. Highway 81 (Interstate Highway 35) at Round Rock, Tex.,
thence over U.S. Highway 81 (Interstate Highway 35) to San Antonio, and return over the same route, serving no intermediate points, as an alternate route for operating convenience only, in connection with applicant’s authorized regular routes.
No t e : (A) This amendment redesignates the route previously shown in (1) above, and seeks additional authority as shown in (2) above. (B) The time and place of hearing as previously published is cancelled. Applicant has requested application be handled without oral hearing, and has submitted verified statements in support of such request.
No. MC 66562 (Sub No. 1807), filed April 26, 1961. Applicant: RAILWAY EXPRESS AGENCY, INCORPORATED, Principal Office: 219 East 42d Street, New York, N.Y., Local Office: 1400 Markham, Little Rock, Ark. Applicant’s attorneys: Mehaffy, Smith & Williams, Boyle Building, Little Rock, Ark. Applicant’s representative: R. L. Linihan, Railway Express Agency, Incorporated, Missouri-Arkansas Division, Express Annex, Union Station, Kansas City 8, Mo. Authority sought to operate as a common carrier, by motor vehicle, over a regular route, transporting: G eneral com m odities, moving in express service, between Texarkana, Ark., and Camden, Ark., as follows: From Texarkana over UB. Highway 82 to intersection of U B. Highway 167, thence over U.S. Highway 167 to intersection of Arkansas. Highway 7, thence over Arkansas Highway 7 to Camden, a distance of approximately 121 miles, and return over the same route, serving the intermediate points of Lewisville, Stamps, Waldo, Magnolia, El Dorado, and Smackover, Ark. RESTRICTIONS: Shipments transported to be limited to those moving on a through bill of lading or express receipt covering, in addition to a motor carrier movement by said carrier, an immediately prior or immediately subsequent movement by air or rail.
No. MC 110525 (Sub No. 448), filed May 3, 1961. Applicant: CHEMICAL TANK LINES, INC., 520 East Lancaster Avenue, Downingtown, Pa. Applicant’s attorney: Leonard A. Jaskiewicz, Munsey Building, Washington 4, D.C. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: Phosphoric acid and phos- phatic fertilizer^ solutions, in bulk, in tank vehicles, from Fernald, Ohio, to St. Paul and Minneapolis, Minn., and rejec ted shipm ents, on return.
No. MC 116078 (Sub No. 1), filed May 4, 1961. Applicant: WILLIAM J . LYLE AND JOHN LYLE, a partnership, doing business as LYLE BROTHERS AUTO PARTS COMPANY 301 First Avenue East, Duluth, Minn. Authority sought to operate as a common carrier, by motor vehicle, over irregular routes, transporting: W recked and disabled m otor vehicles, and tractors for replacement of wrecked and disabled tractors, in truck- away service; between Duluth, Minn-, and points in Cook, Lake, St. Louis, Carlton, Aitkin, and Itaska Counties Minn., on the one hand, and, on the other, points in Wisconsin and points in the Upper Peninsula of Michigan.
4308
No. MC 123571 (Sub-No. 1), filed May 1, 1961. Applicant: WM. HELZER, SR., ROY W. HELZER, AND WALTER HELZER doing business as WM. HELZER & SONS, 5038 Northeast 32d Place, Portland 11, Oreg. Authority sought to operate as a contract carrier, by motor vehicle, over irregular routes, transporting: G arbage and miscellaneous trash, from Vancouver, Wash., to Portland, Oreg.
Notice of F iling of P etition
No. MC 53342 (PETITION FOR CLARIFICATION, MODIFICATION, AMENDMENT, CORRECTION Oft EXTENSION OF THE OPERATING AUTHORITY HELD), dated April 20, 1961. Petitioner: BOHL TOURS, INC., Latham, N.Y. Petitioner’s attorney: Daniel H. Greenberg, 110 East 42d Street, New York 17, N.Y. Petitioner holds authority to conduct operations in interstate or foreign commerce, by virtue of the Certificates listed hereinbelow: (1) No. MC 53342, Passengers and their baggage, restricted to traffic originating at the points and in the territory indicated, in charter operations, over irregular routes, from Albany, N.Y., and points within 25 miles of Albany, to points and places in Massachusetts, New Hampshire, Maine, Vermont, New York, Connecticut, Rhode Island, Delaware, Ohio, Maryland, District of Columbia, New Jersey, Pennsylvania, North Carolina, South Carolina, Virginia, West Virginia, Michigan, In diana, Illinois, and Missouri, and return. (2) No. MC 53342 (Sub No. 1), Passengers and their baggage in the same vehicle with passengers in special service round-trip all expense tours, beginning and ending at Albany, N.Y., and extending to points in Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, and the District of Columbia. (3) No. MC 53342 (Sub No. 2), passengers and their baggage, in special operations, in round-trip all expense tours, over irregular routes, beginning and ending at Albany, N.Y., and extending to points in Florida, Louisiana, Tennessee, and Wyoming. (4) Passengers and their baggage, in special operations, in round-trip all expense tours, beginning and ending at Albany, N.Y., and extending to points in Arizona, California, Montana, and Texas. Petitioner prays the Commission clarify, modify, amend, correct, or extend the certificates of public convenience as follows: (a) As to -MC-53342, in charter service, by substituting th e ' phrase “points within 35 miles of Albany” in place and instead of the phrase, “points within 25 miles of Albany.” (b) As to MC-53342, (Sub No. 1), (Sub No. 2), and (Sub No. 3), in special operations, in round-trip all expense tours, by adding the phrase “for operating convenience only, to pick up and discharge passengers at points within 35 miles of Albany, with all fares and charges to be based upon Albany, New York as the point of origin and return.” Any person or persons desiring to oppose the relief sought, may,
NOTICESwithin 30 days from the date of this publication in the F ederal R egister, file a reply to this petition, or such other appropriate pleading.
Applications Under Sections 5 and 210a(b)
The following applications are governed by the Interstate Commerce Commission’s special rules governing notice of filing of applications by motor carriers of property or passengers under sections 5(a) and 210a(b) of the Interstate Commerce Act and certain other proceedings with respect thereto. (49 CFR 1.240).
MOTOR CARRIERS OF PROPERTY
No. MC-F-7811 (CHECKER EXPRESS CO.—PURCHASE—THE PORT WASHINGTON TRUCK LINE, INC.), published in the March 15, 1961, issue of the F ederal R eg ister , on page 2211. Application filed May 4, 1961, for temporary authority under section 210a (b ).
No. MC-F-7858. Authority sought for purchase by RUSSELL TRANSFER, INCORPORATED, 109—18th Street, NW„ Roanoke, Va., of the operating rights of CLAUDE CEASER HANCOCK, 808 Mississippi Avenue, NE., Roanoke, Va., and for acquisition by BILLY B. BUMGARNER, 1010 Orchard Hill SE., Roanoke, Va., and VERNON S. CHURCH, Forest Hills, Wilkesboro, N.C./of control of such rights through the purchase. Applicants’ attorney: R. R. Rush, 511 Box- ley Building, Roanoke, Va. Operating rights sought to be transferred: B ananas, as a common carrier over irregular routes, from Baltimore, Md., Charleston, S.C., Weehawken, N.J., Norfolk, Va., and New York, N.Y. to Charleston, W. Va., from Norfolk, Va., to Toledo, Ohio, and Roanoke, Va., and from New Orleans, La., to Huntington, W. Va. Vendee is authorized to operate as a com m on carrier in South Carolina, Virginia, North Carolina, Maryland, Delaware, Pennsylvania, New Jersey, West Virginia, New York, Illinois, Indiana, and the District of Columbia. Application has been filed for temporary authority Under section 210a (b ).
No. MC-F-7859. Authority sought for purchase by CONSOLIDATED COPPER- STATE LINES, 1220 West Washington Boulevard, Montebello, Calif., of the operating rights of SHORTWAY TRUCK LINE, INC. (WILSON B. WOOD, D ISTRICT DIRECTOR, INTERNAL REVENUE SERVICE, ACTING AS SUCCESSOR IN IN TEREST), P.O. Box 2350, Phoenix, Ariz., and for acquisition by HORACE W. STEELE, 546 West Madison Street, Phoenix, Ariz., and SERVICE TANK LINES, 117 West Ninth Street, Los Angeles, Calif., by C. G. ALLEN, and NELLA CORPORATION, also of 117 West Ninth Street, Los Angeles, Calif., through SERVICE TANK LINES, and, by W. B. ALLEN through NELLA CORPORATION, all of 117 West Ninth Street, Los Angeles, Calif., of control of such rights through the purchase. Applicant’s attorney: Reagan Sayers, 301 Century Life Building, Fort Worth - 2, Tex. SHORTWAY TRUCK LINE, INC., had formerly held a certificate in No. MC-114547, and said certificate was revoked effective 45 days from August 29,
1960, pursuant to an order by the Com- 1 mission in No. MC-C-2711, SHORTWAY TRUCK LINE, INC.—REVOCATION OF CERTIFICATE. Operating rights I sought to be transferred: General comm odities, excepting, among others, liquid ' commodities in bulk, but not excepting household goods, as a common carrier over a regular route between Phoenix Ariz., and Blanding, Utah, serving ali intermediate and certain off-route points with the following RESTRICTION: Shipments transported under this authority must either originate or terminate at points located on the above-described route, or at the off-route points at which service is authorized. Vendee is authorized to operate as a common carrier in Arizona, California, Texas, and New Mexico. Application has not been filed for temporary authority under section 210a (b ).
No. MC-F7860. Authority sought for purchase by NORTHERN PACIFIC TRANSPORT COMPANY, 176 East Fifth Street, St. Paul, Minn., of the operating rights and certain property of DALE L. STARK, an individual, doing business as THE STARK CO., Gardiner, Mont., and for acquisition by THE NORTHERN PACIFIC RAILWAY COMPANY, 176 East Fifth Street, St. Paul, Minn., of control of such rights and property through the purchase. Applicants’ attorney and representatives respectively: Harold K. Bradford, Jr., Northern Pacific Transport Company, St. Paul 1, Minn., Lelland M. Cowan, Northern Pacific Transport Company, Billings, Mont., and G. N. Page, General Manager, Northern Pacific Transport Company, 176 East Fifth Street, St. Paul, Minn. Operating rights sought to be transferred: G eneral commodities, excepting, among others, household goods, but not excepting, commodities in bulk, as a common carrier over irregular routes, between Gardiner, Mont., on the one hand, and, on the other, points in Yellowstone National Park. Vendee is authorized to operate as a common carrier in Washington, Montana, North Dakota, Wyoming, Idaho, Oregon, and Minnesota. Application has been filed for temporary authority under section 210a(b).
No. MC-F-7861. Authority sought for purchase by ARKANSAS-BEST FREIGHT SYSTEM, INC., 301 South 11th Street, Fort Smith, Ark., of a portion of the operating rights and property of ORVILLE M. FINE, doipg business as FINE TRUCK LINE, 1211 South Ninth Street, Fort Smith, Ark., and for acquisition by R. A. YOUNG, JR., 301 South 11th Street, Fort Smith, Ark, of control of such rights and property through the purchase. Applicants’ attorney: Thomas Harper, P.O. Box 297, Fort Smith, Ark. Operating rights sought to be transferred^ General com- modies, excepting, among others, household goods and commodities in bulk, as a common carrier over regular routes, between Muskogee, Okla., and Fort Smith, Ark., between Westville, Okla., and Siloam Springs, Ark., serving all intermediate points, between Tahlequan, Okla., and Tulsa, Okla., serving certain intermediate and off-route points, between Wagoner, Okla., and Sallisaw,
FEDERAL REGISTER 4309Wednesday, May 17, 1961
Okla., serving the intermediate point of Muskogee, Okla., and between Eldon, Okla., and junction Oklahoma Highway 51 arid U.S. Highway 59 north of Stilwell, Okla., serving no intermediate points. Vendee is authorized to operate as a common carrier in Ohio, Oklahoma, In diana, Missouri, Texas, Illinois, Arkansas, Kansas, Louisiana, Mississippi, and Tennessee. Application has been filed for temporary authority under section 210a(b).
By the Commisson.[seal] Harold D. M cCo y ,
Secretary.[F.R. Doc. 61-4511; Piled, May 16, 1961;
8:48 a.m.]
[Notice 495]
MOTOR CARRIER TRANSFER PROCEEDINGS
May 12, 1961.Synopses of orders entered pursuant
to section 212(b) of the Interstate Commerce Act, and rules and regulations prescribed thereunder (49 CFR Part 179), appear below:
As provided in the Commission’s special rules of practice any interested person may file a petition seeking reconsideration of the following numbered proceedings within 20 days from the date of publication of this notice. Pursuant to section 17(8) of the Interstate Commerce Act, the filing of such a petition will postpone the effective date of the order in that proceeding pending its disposition. The matters relied upon by petitioners must be specified in their petitions with particularity.
No. MC-PC 64155. By order of May 10, 1961, the Transfer Board approved the transfer to Garrison Motor Freight, Inc., Harrison, Ark., of Certificates Nos. MC 109324 and MC 109324 Sub 11, issued August 19, 1955, and August 30, 1957, respectively, to Ben F. Garrison, doing business as Garrison Motor Freight, Harrison, Ark., authorizing the transportation of dairy products, driëd buttermilk, and fresh, frozen, and dried eggs, lii containers, from Springfield, Mo., to Memphis, Term., and to Helena, Ark., serving intermediate point of Little Rock, and those between the Mo.-Ark. State line and Little Rock; wire, roofing and nails, from Memphis, Tenn., to Berry- ville, Ark., serving the intermediate Points of Alpena Pass, Ark., and points between Little Rock and Harrison; rice, from DeWitt, Ark., to Springfield, Mo., semng intermediate points of 'Stuttgart and Carlisle, Ark., Little Rock, Ark., and Points between Little Rock and Ark.-Mo. »cate hne; school tablets, from -Little
t0 Pine Bluff, Ark.; general commodities, between Clinton, Ark., and heber Springs, Ark.; between Flippin, trmrJVan(* N°rf°rk, Ark.; general com- S>mm3 .exduding household goods, and
in bulk> between Springfield, Flinntn d ÎKttle R°ck, Ark., and between tweJrf1-’ Ar£ -’ and Harrison, Ark.; be- numhJ.oî?Ctli?-n Ark- Highway 6 and un- milp frf tv, ktehway approximately 5
outheast of Mt. Home, Ark., and
Norfork Damsite, Ark. ; between Norfork Damsite, Ark. and junction Access Road and Ark. Highway 5; and between Joplin, Mo., and Harrison, Ark.; canned goods and dairy products, between Joplin, Mo., and Cartilage, Mo., and Cassville, Mo.; and between Alpena Pass, Ark. and Harrison, Ark.; and between Harrison, Ark., and Lead Hill, Ark. Louis Tarlowski, 601 Rector Building, Little Rock, Ark., attorney for applicants.
[ seal] H arold D. M cCo y ,Secretary.
[F.R. Doc. 61-4512; Filed, May 16, 1961;8:48 a.m.]
FOURTH SECTION APPLICATIONS FOR RELIEF
May 12,1961.Protests to the granting of an appli
cation must be prepared in accordance with Rule 40 of the general rules of practice (49 CFR 1.40) and filed within 15 days from the date of publication of this notice in the F ederal R egister.
L ong- and-S hort Haul
FSA No. 37128: Substituted service— CRI&P fo r Bruce Motor Freight, Inc., and Mid-American Truck Lines, Inc. Filed by Middlewest Motor Freight Bureau, Agent (No. 316), for interested carriers. Rates on property loaded in highway trailers and transported on railroad flat cars, between Chicago (Burr O ak),111., Kansas City (Armourdale), Kans., and St. Paul (Inver Grove), Minn., on the one hand, and Des Moines, Iowa, on the other; and between St. Paul (Inver Grove), Minn., and Kansas City (Armourdale), Kans., in connection with Bruce; between Chicago (Burr Oak), HI., on the one hand, and Kansas City (Armourdale), and Wichita, Kans., on the other, and between Kansas City (Armourdale), Kans., and Wichita, Kans., in connection with Mid-American.
Grounds for relief: Motor-truck competition. 7
Tariff: Supplement 5 to Middlewest Motor Freight Bureau tariff MF-I.C.C. 353. _
FSA No. 37129: Substituted service— C&NW for Transam erican Freight Lines, Inc. (a Deleware corporation ). Filed by Middlewest Motor Freight Bureau, Agent (No. 317), for interested carriers. Rates oh property loaded in highway trailers and transported on railroad fiat cars, between East St. Louis, 111., on the one hand, and Council Bluffs and Sioux City, Iowa, on the other, on traffic originating at or destined to such points or points beyond a? described in the application.
Grounds for relief: Motor-truck competition.
Tariff : Supplement 5 to Middlewest Motor Freight Bureau tariff MF-I.C.C. 353.
FSA No. 37130: Substituted service— W abash fo r Chicago Express, Inc., and M erchants Motor Freight, Inc. Filed by Middlewest Motor Freight Bureau, Agent (No. 318), for interested carriers. Rates on property loaded in highway trailers and transported on railroad flat cars, between Kansas City, Mo., and Buffalo,
N.Y., in connection with Chicago Express, and between St. Louis, Mo., and Des Moines, Iowa, in connection with Merchants, on traffic originating at or destined to such points or points beyond as described in the application.
Grounds for relief: Motor-truck competition.
Tariff: Supplement 5 to Middlewest Motor Freight Bureau tariff MF-I.C.C. 353.
FSA No. 37131: Substituted service— C&NW fo r Buckingham Express, Inc., et al. Filed by Middlewest Motor Freight Bureau, Agent (No. 319), for interested carriers. Rates on property loaded in highway trailers and transported on railroad flat cars, between Butler, Wis., and Sioux Falls, S. Dak., in connection with Glendenning between Chicago, HI., Council Bluffs and Des Moines, Iowa, on the one hand, and Rapid City, S. Dak., on the other, in connection with Buckingham Freight Lines, and between East St. Louis, HI., and Rapid City, S. Dak., in connection with Buckingham Express, Buckingham Freight Lines, and Buckingham Transfer.
Grounds for relief: Motor-truck competition.
Tariff: Supplement 5 to Middlewest Motor Freight Bureau tariff MF-I.C.C. 353.
By the Commission.[ seal] Harold D. M cCo y ,
Secretary.[FR . Doc. 61-4509; Filed, May 16, 1961;
8:47 a.m.]
FOURTH SECTION APPLICATIONS FOR RELIEF
May 11,1961.Protests to the granting of an appli
cation must be prepared in accordance with Rule 40 of the general rules of practice (49 CFR 1.40) and filed within 15 days from the date of publication of this notice in the F ederal R egister.
Long- and-S hort Haul
FSA No. 37124: Petroleum to southwestern territory. Filed by Southwestern Freight Bureau, Agent (No. B-8017), for interested rail carriers. Rates on petroleum and petroleum products, in carloads, and tank-car loads, from Alton, East St. Louis, Hartford, Roxana, South Wood River, and Wood River, HI., also St. Louis, Mo., to points in Arkansas, Kansas, Louisiana, and Oklahoma.
Grounds for relief: Short-line distance formula and grouping.
Tariff: Supplement 6 to Southwestern Freight Bureau tariff I.C.C. 4410.
FSA No. 37125: Vegetable oils from southern territory. Filed by O. W. South, Jr., Agent (No. A4096), for interested rail carriers. Rates on vegetable oils and related products, in carloads, from points in southern territory, to Ohio River Crossings, points in Virginia and West Virginia and Washington D.C.
4310 NOTICES
Grounds for relief: Market competition, short-line distance formula and grouping.
Tariff: Supplement 36 to Southern Freight Association tariff I.C.C. S-101.
FSA No. 37126: Soda ash to Illinois points and St. Louis, Mo. Filed by Traffic Executive Association-Eastern Railroads, Agent (C.T.R. No. 2463), for interested rail carriers. Rates on soda ash (other than modified soda ash), in bulk, in carloads, from Detroit and Wyandotte, Mich., also Barberton, Fair- port Harbor, Painesville and Perry, Ohio, to Alton, East St. Louis, Federal, Hartford, Roxana, Wood River, HI., and St. Louis, Mo.
Grounds for relief: Market competition.
Tariffs: Supplement 18 to Akron, Canton & Youngstown Railroad tariff I.C.C. 472, and other schedules listed in thé application.
Aggregate- of- I ntermediates
FSA No. 37127: Soda ash to Illinois points and St. Louis, Mo. Filed by T rafic Executive Association-Eastern Railroads, Agent (C.T.R. No. 2464),.for interested rail carriers. Rates on soda ash (other than modified soda ash), in bulk, in carloads, from Detroit and
Wyandotte, Mich., also Barberton, Fair- port Harbor, Painesville, and Perry, Ohio, to Alton, East St. Louis, Federal, Hartford, Roxana, Wood River, HI., and St. Louis, Mo.
Grounds for relief: Maintenance of depressed rates established to meet market competition without having to use such rates as factors in constructing combination rates.
Tariffs: Supplement 18 to Akron, Canton & Youngstown Railroad tariff I.C.C. 472 and other schedules listed in the application.
By the Commission.[seal] * Harold D. McCo y ,
Secretary.[F.R. Doc. 61-4462; Filed, May 15, 1961;
8:47 a.m.]
HOUSING AND HOME FINANCE AGENCY
Public Housing Administration DELEGATIONS OF FINAL AUTHORITY
Section II, Delegations of Final Authority, is amended as follows:
Paragraph C9 is added as follows:
“9. To approve Local Authority operating budgets. Assistant Director for Management”
Approved: May 10, 1961.[seal] Marie C. McGuire,
Commissioner.[F.R. Doc. 61-4499; Filed, May 16, 1961*
8:46 a.m.]
DELEGATIONS. OF FINAL AUTHORITYSection II, Delegations of Final Au
thority, is amended as follows:1. Paragraph E3 is amended as
follows:By deleting the period after the word
“advertisements” and inserting a semicolon and the clause “to issue Government Bills of Lading (Standard Form 1103).”
By inserting the title “Chief, General Supply and Reproduction Section" after the title “Director of the Office Services Branch”.
2. Paragraph E4 is hereby revoked.Approved: May 10, 1961.[seal] Marie McGuire,
Commissioner.[F.R. Doc. 61-4500; Filed, May 16, 1961;
8:46 a.m.]
Wednesday, May 17, 1961 FEDERAL REGISTER 4311
CUMULATIVE CODIFICATION GUIDE— MAYThe following numerical guide is a list of the parts of each title,of the Code of Federal Regulations affected by documents published to date during May.
3 CFRPage
Proclamations:3360___________ — —3410------------------------- ____ 38513411_______________ - _ _ 38513412______ _________-3413 ---------------------- _ 4135
Executive O r d er s :
9 CFR— Continued Pa*eP roposed R ules— Continued
102 --------------- 3813103 . 3813112---------- ------- ---------- --------- 3813114.................. 3813123-------------------------------------- 3813151—_--------------------------------- 3999
6269-6673-10472.10586.10656.10937.10938.10939.10940.10941.
3928401539154277395139153951395141364277
5 CFR6________________________ 3807,3916,
3917, 4062, 4088, 4140, 4191, 4279 27___ _____ ___________ _______ 40896 CFR341------- ---------------------------------- 38 07371------------------------------------------ 38 07421_______ 3873, 3879, 3979, 4137, 4279434------- 3881485------- ----------------------- -------- - 3952540—------- -------------------------------- 41377 CFR51........... ............55____________301___________728......... _730______ _878______922______933— ______936______953..........962____997..........1001____1025__1033_____Proposed R u l e s:
201____906____927_____928_.937___946—962—_963.964___967 ________968 ________991___1018—1019.1021—.
8 CFRProposed R u l e s*
231.299____
9 CFR
___ 3007___ -3952___ 3980___ 4141— 4281___ 38083955, 4144 3955, 3956 4144, 4145 3957, 4145___ 4146___ 4191----- 4146___ 3957----- 3916
----- 4169— 4110----- 4198___ --4289___ 4172— _ 4289----- 3778----- 3815----- 4198___ 41124110, 4211— 4113----- 4121___ 3815___ 4069
41984198
10 CFRP roposed R u l e s :
50---------- 4000
13 CFR122______________ 4192
14 CFR40 ________ 401141 ______ 401142 ________________________ 401143 __ 3985,401145 ____________ 401146 ______ 401160________________ 3917203— _____ ____________________ 4193223______________ 4089241.......... 4221249_______ __________— _______ 4090300________________ 4282302— ___________________ 4282507____ 3957, 3958, 3985, 4051, 4147,4283514________________________ 4051,4284600 ------------ — 3771, 3852,4052, 4095, 4194601 ------------------------------------ 3771,
3852, 3958, 4052, 4095, 4147, 4194602—________ 3917, 4095603-------------------------------------------- 3917608 ______________ 3958, 4053, 4096609 ------------ — 3852, 3859, 3866, 4054, 4284610 -----------------— ...........4194P roposed R u l e s :
25______ 428940_______ 401841 .--------------- 401842-------------------- 401860-------------------------- 4001221-------------------------------------- 3897296------- 3897,4211297—_______________________ 3897507--------------------------------- 4069,4290514----------------------------- 3779600 -------------- 3780,3929, 4019601 ................................................... 3780, 3818, 3929, 4019602 ________ 3930608-------------------------------------- 4212
16 CFR13------- 3917-3922,
3960, 3961, 3986, 3987, 4011, 4012, 4063, 4064, 4087, 4088, 4284, 4285
301— ----------------------------------- 3771
17 CFR240----- ; ---------------------------------- 3810P roposed R u l e s :
210-------- ----------------------------- 381918 CFRP roposed R u l e s :
155____Proposed R u l e s*
74—101_____ "
40623984
41103813
116125.154.157.225
41654156400240024156
1 9 C F R Page
5-------------- 398710------ 42862 1 C F R15---------- 377125— ------------- 401251--------------- 4064120 ___ 4013121 --- ---------- 3991, 4014, 4197, 4286141a-------- — .............. ............ 3991, 4096146a— — ______________________ 3991146b_____________ 3772Proposed Ru les :
120------------------------------ 3929,4018121— ............................. 3779,
3818, 3929, 4000, 4018, 4176, 42112 2 C F R205------- 37732 4 C F R200_____ 3961222_____ >______________________ 4014262________________________ 4014
2 5 C F R253--------------------- ---------- ---^____ 4065
2 6 C F R231—........................... 4049Proposed R u les :
1.......... 4100,41022 9 C F R101 ---- 3885102 _______ 3885603— ___________ 4287Proposed R u les :
602 _ 3778603 _ 3778657________________ 3778
3 2 C F R120-------— ............ .......... .................... 4065538_________ 3962590-------------------- 4148592------------------ 4148595------------------------------- 4148605____ 4148
3 3 C F R19--------------------------------- — _____ 4089202 ________________________ 3892203 ------------------ . . . ____ 3962, 4089
3 6 C F R311__________ 4089Proposed R u les :
7_______________________ 3778, 41983 9 C F R25--------------------------------------- 398827—— ----------------------------- 398833-------------------------1— _____— _ 398894________ - ________________ ___ 3988168— --------------------------------- 3773,3988
4 1 C F R18-7______ _____________________ 381050-202__________________________ 4066Proposed R ules :
50-202,________ 4173
4 2 C F R53-------------------- 3994
4312 FEDERAL REGISTER
42 CFR— ContinuedProposed R u les :
71_________________
43 CFRP u b l i c L and Orders:
2302_______________2326_____ — ............ .2354 ___________2355 ____ _____-2356 __________2357 ___ _______2358______________2359 __________2360 __________2361 __ ________2862_____ _________2363_______________
Page
3779
41553810381039284015401540154016 4016 4067 4067 4155
46 CFR Page146_____________154__ __________157_____________Ì75_____________177— ...............178__....................182__ __________308________P roposed R u l e s :
30 _ 377531 ___________________ 377535__________________________ 377571_______________________ — 377578___ :______________________ 377591______ _______- ___________ 377597____ 3775146________ ______— - ______ 3775
39224096392539273927392739273928
4 7 C F R Page
1..............................T——- 3774,3996,42782— -— ................................................ .....................................................— 42783-------------------------------- 3893,3998,40167 ---------------------- 42798 - 427910---------- - , ------------------------------ 4097P roposed R u l e s :.
3— 3781, 4020, 4021, 4069, 4291,42929 ----------------------------’ 389710 ----------- 4176,4292
4 9 C F R170------------------------------ — ......... 4067P roposed R u l e s :
77_----- — ------------------------- 4121
5 0 C F R33 ----------------------------------------- 37 74 , 3812, 3895,4068
4