NUMBER 95v o l u m i 2 i % O N ¡je c > ^

Washington, Wednesday, May 16, 1956

TITLE 5— ADMINISTRATIVE PERSONNEL

Chapter I— Civil Service Commission Part 4— P roh ibited P ractices

EXCEPTION OF RESIDENTS OF CERTAIN MUNICIPALITIES

Section 4.204 (a ) is amended by the addition of “New JohnsonviUe, Tenn. (Apr. 26, 1956).'* under the heading "Other Municipalities.”(R. S. 1753; sec. 2, 22 Stat. 403, as amended; 5 U. S. C. 631, 633. E. O. 10530, 19 P. R. 4981; 3 CFR, 1954 Supp.)

U nited S tates C iv il S erv­ice C o m m iss io n ,

[seal] W m . C. H u l l ,Executive Assistant.

IP. R. Doc. 56-3869; Filed, May 15, 1956; 8:50 a. m.]

Part 6— Exceptions P rom C o m petit ive S ervice

entire executive crvn, service

Effective upon publication in the F ed- kai, Register, paragraph (s ) of § 6.101 “ amended as set out below.

§6.101 Entire executive civil serv­ice. * * *

(s) Temporary or intermittent posi­tions when the appointees are to assist scientific, professional, or technical em­ployees. Persons employed under this 'J °® °n shall be (1 ) bona fide students “t high schools or accredited colleges J H^^sfties pursuing courses related w the field in which employed, or (2) ooa fide high school science and mathe- atics teachers. No person shall be em-

p oyed under this provision (1) in a posi- ion of a routine clerical type; or (2) or n\°eSS of working days a year; si o-™ a. total compensation exceeding

* 70 during such period of one year.

633)S‘ 1753,®ec> 2* 22 Stat. 403; 5 U. S. C. 631,

U nited States C iv il S erv- r ice C o m m is s io n ,(seal] W m . c . H u l l ,

Executive Assistant.lp- R. Doc. 56-3852; Filed, May 15, 1956;

8:47 a. m.]

TITLE 6— AGRICULTURAL CREDITChapter IV— Commodity Stabilization

Service and Commodity Credit Cor- poration, Department of Agricul­tureSubchapter B— Loans, Purchases, and Other

Operations[1955 C. C. C. Grain Price Support Bulletin 1.

Arndt. 2]

P art 421— G r ains and R elated C o m m o d itie s

S ubpart— G eneral P r o visio ns 1955-Crop P rice S uppo r t P rogram for G r ains and R elated C o m m o d ities

LIQUIDATION OF LOANS AND DELIVERY UNDER PURCHASE AGREEMENTS

The regulations issued by the Com­modity Credit Corporation and the Com­modity Stabilization Service published in 20 F. R. 3017 and 4563 and containing regulations of a general nature with re­spect to price support programs for cer­tain grains and other commodities pro­duced in 1955 are amended as follows:

Section 421.1018 (d ) (1 ) is amended to extend the period during which a pro­ducer of rice in Arizona and California who wishes to sell the rice to CCC must notify the county committee of his in­tentions to sell, so that the amended paragraph reads as follows:

§ 421.1018 Liquidation of loans and delivery under purchase agreements. * * ♦

(d ) Purchase agreements. (1) The producer who signs a purchase agree­ment (Commodity Purchase Form 1) will not be obligated to sell any quantity of the commodity to CCC. However, he may sell to CCC any quantity of the eligible commodity not in excess of the quantity stated in the purchase agree­ment. I f the producer who signs a pur­chase agreement wishes to sell the com­modity to CCC, he will have a 30-day period during which he must notify the county committee in writing of his in­tentions to sell. Such period shall end on the loan maturity date specified in the applicable commodity supplement to this subpart or such earlier date as may be prescribed by the Executive Vice Presi­dent, CCC: Provided however, That with respect to rice stored in Arizona and

(Continued on p. 3213)

CONTENTSAgricultural Marketing Service Pas® Proposed rule making:

Cranberries, fresh; U. S. con­sumer standards______________ 3229

Tobacco inspection; fees andforms__________ 3228

Rules and regulations:Tomatoes grown in Florida;

limitation of shipments______ 3217Agricultural Research Service Rules and regulations:

Domestic . quarantine notices;Mediterranean fruit fly____ 3213

Administrative instructions designating certain locali­ties as regulated areas____ _ 3216

Administrative instructions exempting certain articles from specific requirements- 3216

Agriculture Department See also Agricultural Marketing

Service; Agricultural Research Service ; Commodity C r e d i t Corporation; Commodity Stabi­lization Service.

Rules and regulations:Debt settlement; miscellaneous

amendments___________________ 3213Army Department Rules and regulations:

National Guard regulations; promotion of officers_________ 3225

Civil Service Commission Rules and regulations :

Exceptions from competitive service; entire executive civilservice_________________________ _ 3211

Prohibited practices; exception of residents of certain mu­nicipalities_____________________ 3211

Coast Guard Rules and regulations:

Waivers of navigation and ves­sel inspection laws and regu­lations; Pacific Micronesian Lines, Inc., vessels (2 docu­m ents)_____________________ 3226,3227

Commerce DepartmentSee also Federal Maritime Board.Notices:

Financial interests, statement ofchanges:

Halderman, Lawrence J______ 3234Lickey, Edward F ___________ 3233Ware, Joel B __________________ 3233

3211

3212 RULES AND REGULATIONS

FEDERALeftREGISTER1934 .¿y

Published daily, except Sundays, Mondays, and days following official Federal holidays, by the Federal Register Division, National Archives and Records Service, General Serv­ices Administration, pursuant to the au­thority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U. S, C., ch. 8B ) , under regula­tions prescribed by the Administrative Com­mittee of the Federal Register, approved by the President. Distribution is made only by the Superintendent of Documents, Govern­ment Printing Office, Washington 25, D. C.

The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money order, made payable to.the Superintendent of Documents, directly to the Government Printing Office, Washington 25, D. C.

The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended August 5, 1953. The Code of Fed­eral Regulations is sold by the Superin­tendent of Documents. Prices of books and pocket supplements vary.

There are no restrictions on the re­publication of material appearing in the Federal Register, or the Code of Federal R egulations.

CFR SUPPLEMENTS(As of January 1, 1956)

The following Supplement is now available:

Title 32A (Rev., 1955) ($1.25)Previously announced: Title 3, 1955 Supp. ($2.00); Titles 4 and 5 ($1.00); Title 7: Parts 1-209 ($1.25); Title 8 ($0.50); Title 9 ($0.70); Titles 10-13 ($0.70); Title 14: Part 400 to end ($1.00); Title 15 ($1.00); Title 16 ($1.25); Title 17 ($0.60); Title 18 ($0.50); Title 19 ($0.50); Title 20 ($1.00); Title 21 (Rev., 1955) ($5.50); Titles 22 and 23 ($1.00); Title 24 ($0.75); Title 25 ($0.50); Title 26: Parts 1-79 ($0.35), Parts 80-169 ($0.50), Parts170-182 ($0.30), Parts 183-299 ($0.35), Part 300 to end, Ch. I, and Title 27 ($1.00); Titles 30 and 31 ($1.25); Title 32: Parts 1-399 ($0.60), Parts 700-799 ($0.35), Parts 800-1099 ($0.40), Part 1100 to end ($0.35); Titles 40-42 ($0.65); Title 49: Parts 1-70 ($0.60), Parts 71-90 ($1.00), Parts 91-164

($0.50), Part 165 to end ($0.65)

Order from Superintendent of Documents, Government Printing Office, Washington

25, D. C.

CONTENTS— ContinuedCommodity Credit Corporation Rules and regulations;

Grains and related commod­ities; purchase agreements, crop price support program, 1955_________________'__________

Page

CONTENTS— ContinuedCommodity Stabilization Service Notices:

W heat; referendum for market­ing quotas 1957-58__________ _

Rules and regulations :W heat; 1957-58 m a r k e t i n g

year ________________________ ___Defense Department See also Army Department.Rules and regulations:

Armed Services procurement regulations ; miscellaneousamendments___________________

Federal Communications Com­mission

Notices:Hearings, etc.:

F. C. C. Frequency List; avail­ability of information_____

Ohio Valley BroadcastingCorp. et al__________________

Perry County BroadcastingCo____________________________

Sarasota Broadcasting Co.(W K X Y )____________________ ,

Whitman, Donald F. (K IT N ) _Wood, Clara Lee__________

Proposed rule making:Fixed service utilizing tropo­

spheric scatter techinque____Stations on land and on ship­

board in maritime services; 24-hour availability of fre­quency in Seattle, Wash.,area_____________________________

Rules and regulations:Frequency allocations and

radio treaty matters:Allocation of frequencies____Field intensity measurements

of spurious radiations;change in date of report___

Industrial radio services; li­cense term_____________________

Federal Maritime Board Notices:

Pereira, Luis (Louis) A., et al.; investigation and hearing___

Federal Power Commission Notices: ,

Hearings, etc.:Amerada Petroleum Corp____California Electric Power Co_ Community Public Service

Co___________________________Gas Lands Co. et al____ ______Midstates Oil Corp. et a l___ -Missouri Natural Gas Co____ .

Federal Trade Commission Proposed rules:

Engraved stationery and allied products industry of New York City trade area; hearing and opportunity to present view, suggestions, or objec­tions_________________________ ;__

Rules and regulations:Gummed paper and sealing

tape industry; addition of standard industry committeeprovision_______________________

Food and Drug Administration Rules and regulations:

Pesticide chemicals ; further extended dates on which stat­ute shall become fully effec­tive___!_________________________

Page

3234

3216

3218

3235

3234

3234

323432343234

3231

3232

3227

3227

3228

3233

32363235

3235323532353236

3231

3217

CONTENTS— ContinuedHealth, Education, and Welfare ^

DepartmentSee Food and Drug Administra­

tion.Housing and Home Finance

Agency Notices:

Director and Supervisors, Com­munity Disposition Program; delegation of authority with respect to disposition of cer­tain government-owned prop­erty at AÈC communities of Oak Ridge, Tenn., and Rich­land, W ash____ __________ ____ 3236

Interior DepartmentSee Land Management Bureau.Interstate Commerce Commis­

sion Notices:

Fourth section applications forrelief_____________ i ____________ 3246

Motor carrier applications_____ 3239Labor DepartmentSee W age and Hour Division.Land Management Bureau Notices:

Alaska; land classified for dis­posal---------------------------------------

Securities and Exchange Com­mission

Notices:Hearings, etc.:

Milwaukee Gas Light Co. and American Natural Gas Co—

Union Electric Company ofMissouri_________ :___________

Wisconsin Fund, Inc____ — -Tariff Commission Notices:

Pins, straight (dressmakers’ or common) and safety; investi­gations and hearings_________

Treasury Department See Coast Guard.Wage and Hour Division Proposed rule making:

Employment of learners: Apparel industry (2 docu­

ments) ______________________Knitted wear industry-----------

3234

3231

32373238

3238

32303230

CODIFICATION GUIDEA numerical list of the parte of the Code

of Federal Regulations affected by documen published in this issue. Proposed rules, opposed to final actions, are identified a® such.

Title 5 Page

Chapter I : Pa rt. 4 3211

3211

Title 6 Chapter IV : 3211

Title 7 Subtitle A: 3213Chapter I: 3228

Chapter II I :Part 301 (3 documents)— — 3213,32163211 3218

FEDERAL REGISTER 3213Wednesday, May 16, 1956

CODIFICATION GUIDE— Con.Title 7—Continued Chapter V II:

Part 728_____________________ 3216Chapter IX :

Part 945______ 3217Title 16 Chapter I:

Proposed rules_________________ 3231Part 19____________________________ 3217

Title 21 Chapter I :

Part 3____ 3218Title 29 Chapter V:

Part 522 (proposed) (3 docu­ments) _________________________ 3230

Title 32 Chapter I:

Part 1_________ 3218Part 3_______________________ 3218Part 5_____________ 3219Part 7_____________________________ 3219Part 11__________________ 3220

Chapter X I:Part 1101_______ 3225

Title 33 Chapter I:

Part 19___________________ 3227Title 46 Chapter I:

Part 154________________ ;_________ 3226Title 47 Chapter I:

Part 2 (2 documents)____________ 3227Proposed rules_________________ 3231

Part 7 (proposed)________________ 3232Part 8 (proposed)________________ 3232Part 11--------------------------------------- 3228

California, such period shall end 30 days after such applicable loan m aturity date.

■m* 4’ 62 Stat- 1070, as amended; 15 U. S. C. U4b. Interpret or apply sec. 5, 62 Stat. 1072, secs. 101, 301, 401, 63 Stat. 1051, 66 Stat.

315 TX. S. C. 714c; 7 U. S. C. 1441, 1447, 1421)

Issued this 11th day of May 1956.[seal] W alter C. B erger,

Acting Executive Vice President, Commodity Credit Corporation.

IP. R. Doc. 56-3887; Piled, May 15, 1956; 8:54 a. m.]

TITLE 7— AGRICULTURESubtitle A—-Office of the Secretary of

AgriculturePart 3— D ebt Se t t le m e n t

amendment to r egulatio ns

pi? Title 7, Code of Federalregulations, §§3.3 (b ), 3.5 and 3.6 are amended as hereinafter set forth, erii a * * “1 3.3 ( b ) , Title 7, Code of Fed- S 1 5 e.gulations (1° P- R- 807, as redesign

ed in 13 p. r . 6903), is amended to wu a new subparagraph (5 ) to provide out cancellation authority with- as foUows* 01 S applica ion* and to read

(h w ^f^teinent of indebtedness. * * * ■ todebtedness may also be canceled

without application when any one of the following circumstances is found:

(1) The amount of said indebtedness, including interest, is less than $10; such efforts of collection have been made as are warranted under the circumstances, and the cost of collection or of continued maintenance of accounts is deemed greater than the amount of the indebt­edness;

(2) The debtor is deceased and there is no reasonable prospect of recovering from his estate;

(3 ) The debtor’s whereabouts has re­mained unknown for two years and there is no reasonable prospect of obtaining collection; heads of agencies designated in § 3.5 will prescribe procedures which will assure that cancellations on this ground will be made only after a diligent effort has been made to locate the debtor, including such contact with other agen­cies of the Department or otherwise as the amount of the indebtedness and the circumstances warrant;

(4) The debtor has been discharged of the indebtedness in any proceeding under “An act to establish a uniform system of bankruptcy throughout the United States.”

(5 ) It is impossible or impracticable for legal or other reasons to obtain the debtor’s application but all of the find­ings required by paragraph (a ) of this section are made.

2. Section 3.5, Title 7, Code of Federal Regulations (13 F. R. 6903), is amended to provide for delegation of debt settle­ment authority to State Administrative Officers of the Agricultural Stabilization and Conservation State offices, and to read as follows:

§ 3.5 Delegations of authority. The heads of any administration or other agency having jurisdiction over any of the acts or programs listed in § 3.10 (in­cluding those of Commodity Credit Cor­poration and Federal Crop Insurance Corporation) are hereby authorized, within their‘respective jurisdictions, to exercise any or all of the functions pre­scribed by this part. The head of each of such agencies may delegate and au­thorize the redelegation of any of the functions vested in him by this part: Provided, That the determination of any settlement shall not be delegated beyond the head of the highest field office having jurisdiction, except that in the case of the Agricultural Stabilization and Con­servation State Offices, such authority may also be delegated to the State Ad­ministrative Officers and except that in the case of the Farmers Home Adhiinis- tration, such authority may also be dele­gated to Assistant State Directors and Chiefs, Production Loan Operations, in State offices of that administration.

3. Section 3.6, Title 7, Code of Federal Regulations (10 F. R. 807, as redesignated in 13 F. R. 6903), is amended to provide optional authority for the Office of Budget and Finance to prescribe or ap­prove debt settlement forms, and to read as follows:

§ 3.6 Forms and records. The Office of Budget and Finance may prescribe or approve forms for applications for settle­ment of indebtedness under this part;

and shall require each agency to estab­lish records to insure the immediate availability of necessary information of operations under this part.

Each agency shall furnish to the Office of Budget and Finance a report of opera­tions under this part quarterly, or for such other periods as the Director of Finance may designate.(Sec. 1, 58 Stat. 836; 12 U. S. C. 1150)

Executed this 10th day of M ay 1956.[ se al ] T rue D. M orse,

Acting Secretary.[P. R. Doc. 56-3856; Piled, May 15, 1956;

8:47 a. m.]

Chapter III— Agricultural Research Service, Department of Agriculture

P art 301— D omestic Quarantine N otices

Subpart— M editerranean F ruit F l y

mediterranean fruit f ly quarantine andREGULATIONS

On M ay 1,1956, there was published in the F ederal R egister (21 F. R . 2843) notices of public hearing and of proposed rule making concerning issuance of a notice of quarantine and supplemental regulations to quarantine the State of Florida because of the Mediterranean fruit fly and to provide means whereby areas within the State may be regulated and host material may be inspected and treated or otherwise made eligible for interstate movement from such regulated areas.

After public hearing and due consid­eration of all relevant matters presented pursuant to the notices, and under the authority of sections 8 and 9 of the Plant Quarantine Act of 1912, as amended (7 U. S. C. 161, 162) and section 3 of the Insect Pest Act of 1905 (7 U. S. C. 143), it has been determined that it is neces­sary to quarantine the State of Florida to prevent the spread of the Mediterranean fruit fly, a dangerous insect infestation, not heretofore widely prevalent or dis­tributed within and throughout the United States, and the notice of quaran­tine and supplemental regulations are hereby issued to appear, in a new subpart under the heading “Mediterranean fruit fly,” in 7 CFR Part 301, as follows:

QUARANTINESec.301.78 Notice of quarantine.

REGULATIONS

801.78- 1 Definitions.301.78- 2 Designation of regulated areas.301.78- 3 Regulated articles.301.78- 4 Conditions governing movement of

regulated articles.301.78- 5 Conditions governing the issuance

of certificates- and limited per­mits.

301.78- 6 Assembly of articles for Inspection.301.78- 7 Cancellation of certificates or lim­

ited permits.301.78- 8 Inspection and disposition.301.78- 9 Shipments for scientific purposes.301.78- 10 Nonliability of Department.

QUARANTINE

§ 301.78 Notice of quarantine. Under the authority conferred by section 8 of

3214 RULES AND REGULATIONSthe Plant Quarantine Act of August 20, 1912, as amended (7 U, S. C. 161), and after the public hearing required there­by, the State of Florida is hereby quar­antined to prevent the spread of infesta­tion of the Mediterranean fruit fly, a dangerous insect notoriously injurious to fruits and vegetables and not heretofore widely prevalent or distributed within and throughout the United States, and under the authority conferred by the Plant Quarantine Act and the Insect Pest Act of M arch 3, 1905 (7 U. S. C. 141 et seq.), regulations are hereinafter pre­scribed governing the movement of the Mediterranean fruit fly and carriers thereof. Hereafter the following shall not be shipped, offered for shipment to a common carrier, received for trans­portation or transported by a common carrier, or carried, transported, moved, or allowed to be moved from said quar­antined State into or through any other State, Territory, or District of the United States in manner or method or under conditions other than those prescribed in the regulations supplemental hereto, as from time to time amended: (a ) Live Mediterranean fruit flies in any stage of development; (b ) fruits and vegeta­bles, and other garden and orchard prod­ucts of all kinds; (c ) sand, soil, earth, peat, compost, and manure; and (d ) fruit-picking equipment; trucks, wagons, cars, aircraft, boats, and other means of conveyance and containers which have been or are being used in conveying fruits or vegetables; other products and arti­cles, including nursery stock, which have been associated with the production çf, or commerce in, fruits and vegetables, or have been or are contaminated with sand, soil, earth, peat, compost, or m a­nure; and, unlimited by the foregoing, any other products and articles of any character whatsoever; when it is deter­mined in accordance with the regulations supplemental hereto that they present a hazard of spread of the Mediterranean fruit fly. However, the requirements of this quarantine and of the regulations supplemental hereto, except as otherwise provided in such regulations, are hereby limited to the areas in the quarantined State which may be designated as regu­lated areas as provided in such regula­tions, as long as, in the judgment of the Administrator of the Agricultural Re­search Service, the enforcement of said regulations as to such regulated areas will be adequate to prevent the spread of the Mediterranean fruit fly, except that such limitation is further condi­tioned upon the State’s providing for and enforcing control of the movement with­in suçh State of the regulated articles under the same conditions as those which apply to their interstate movement under the provisions of currently existing Fed­eral quarantine regulations, and upon its enforcing such control and sanitation measures with respect to such areas or portions thereof as, in the judgment of said Administrator, shall be deemed ade­quate to prevent the spread therefrom within such State of the said insect in­festation. Moreover, whenever the Chief of the Plant Pest Control Branch shall find that facts exist as to the pest risk involved in the movement of one or more of the products or articles to which the

regulations supplemental hereto apply, except live Mediterranean fruit flies in any stage of development, making it safe to modify, by making less stringent, the requirements contained in such supple­mental regulations, he shall set forth and publish such finding in administra­tive instructions, specifying the manner in which the applicable regulations should be made less stringent, whereupon such modification shall, become effective for such period and for such regulated arèa or portion thereof and for such products or articles as shall be specified in said administrative instructions, and every reasonable effort shall be made to give publicity to such administrative in­structions throughout the affected areas.

REGULATIONS

§ 301.78-1 Definitions. For the pur­pose of the regulations in this subpart the following terms shall be construed, respectively, to mean:

(a ) Mediterranean fruit fly. The in­sect known as the Mediterranean fruit fly (Ceratitis capitata W ied.), in any stage of development.

(b ) Infestation. The presence of the Mediterranean fruit fly.

(c ) Regulated areas. The counties, precincts, cities, and other minor civil divisions, or parts thereof, designated in administrative instructions under § 301.78-2 as regulated areas.

(d ) Regulated articles. Mediterra­nean fruit flies and other products and articles regulated under this subpart.

(e ) Inspector. An inspector of the United States Department of Agriculture.

( f ) “Moved” (.“movement,” “move” ) . Shipped, offered for shipment to a com­mon carrier, received for transportation or transported by a common carrier, or carried, transported, moved, or allowed to be moved, interstate, directly or in­directly. “Movement” and “move” shall be construed accordingly.

(g ) Certificate. A valid document evidencing compliance with the require­ments of this subpart.

(h ) Limited permit. A valid docu­ment authorizing the movement of regu­lated articles to a restricted destination for limited handling, utilization, or processing.

(i) Dealer-carrier agreement. A docu­ment constituting an agreement to comply with stipulated quarantine con­ditions, executed by persons or firms engaged in purchasing, handling, proces­sing, utilizing, or moving regulated articles.

( j ) Interstate. From one State, Ter­ritory, or District of the United States into or through another.

(k ) Administrative instructions. Pub­lished documents, relating to the en­forcement of the provisions in this sub­part, issued under authority of such pro­visions by the Chief of the Plant Pest Control Branch, Agricultural Research Service.

§ 301.78-2 Designation of regulated areas. The Chief of the Plant Pest Con­trol Branch shall, from time to time, in administrative instructions promulgated by him, list the counties, cities, precincts, and other minor civil divisions, or parts thereof, in the quarantined State, in

which infestation of the Mediterranean fruit fly has been determined to exist, or in which it has been determined such infestation is likely to exist, or which it is deemed necessary to regulate be­cause of their proximity to infestation or their inseparability for quarantine enforcement purposes from infested lo­calities, and shall designate such coun­ties, precincts, and other civil divisions, or parts thereof, as constituting the reg­ulated areas. Any civil division, or part thereof, so designated shall continue in a regulated status until the Chief of the Plant Pest Control Branch shall have determined that adequate eradication measures have been practiced for a suf­ficient length of time to eradicate the Mediterranean fruit fly therein and that regulation of such area is not otherwise necessary under this section, and shall have issued administrative in­structions revoking the designation of such civil division, or part thereof, as a regulated area.

§ 301.78-3 Regulated articles— (a) Mediterranean fruit flies; removal pro­hibited, exception. The removal from any State or Territory to any other State or Territory or the District of Co­lumbia, or from said District to any State or Territory, of live Mediterranean fruit flies, except for scientific purposes, is prohibited by the Insect Pest Act (7 U. S. C. 141). Provisions for the removal of live Mediterranean fruit flies, for scientific purposes, are set forth in § 301.78-9.

(b ) Other regulated articles; move­ment regulated. Unless exempted by ad­ministrative instructions issued by the Chief of the Plant Pest Control Branch, the movement from any regulated area of any of the following is permitted only under the conditions provided in the regulations in this subpart: Fruits and vegetables, and other garden and or­chard products of all kinds; sand, soil, earth, peat, compost, and manure; and products and articles determined by an inspector to present a hazard of spread of the Mediterranean fruit fly under § 301.78-4 (b ).

§ 301.78-4 Conditions governing move­ment of regulated articles— (a ) Garden and orchard products; sand, soil, etc.(1) Fruits and vegetables, and other garden and orchard products of all kinds; and sand, soil, earth, peat, compost, and manure; which originate in a regulated area, may be moved from any regulated area into or through any point outside thereof if a certificate or limited permit has been issued therefor in compliance with § 301.78-5 and if the applicable re­quirements of subparagraphs (2) and (3) of this paragraph are also met.

(2) Every container of regulated ar­ticles designated in subparagraph <*' of this paragraph, or, if there is no con­tainer, the articles themselves, shall be plainly marked with the name and ad­dress of the consignor and the name ana address of the consignee, when offere for shipment under said subparagraph, and shall have securely attached to tn outside thereof the certificate or li®11®“ permit covering the shipment, eXceA that in the case of less-than-cari freight or express shipments a certificat

Wednesday, May 16, 1956 FEDERAL REGISTER 3215

or limited permit attached to one of the containers and another certificate or limited permit attached to the waybill will be sufficient; in the case of carlot freight or express shipments, either in containers or in bulk, a certificate or limited permit attached to the waybill will be sufficient; and in the case of ship­ments by road vehicle, the certificate or limited permit shall accompany the ship­ment and shall be surrendered to the consignee upon delivery of the shipment.

(3) Subsequent to certification as pro­vided in § 301.78-5, regulated articles designated in subparagraph ( 1 ) of this paragraph must be loaded,' handled, and shipped only under such protection and safeguards against infestation as are re­quired by the inspector.

(4) Regulated articles of kinds desig­nated in subparagraph ( 1 ) of this para­graph, which originate outside any regu­lated area and are moving through or are being reshipped from any regulated area, may lie moved from any regulated area without compliance with the pro­visions of subparagraphs (1 ), (2 ), or (3) of this paragraph when’ the point of ori­gin is clearly indicated, when the iden­tity has been maintained, and when the articles have been safeguarded against infestation while in the regulated area in a manner satisfactory to^an inspector. Otherwise such regulated articles shall be subject to all of the requirements of subparagraphs (1 ), (2 ), and (3) of this paragraph. -

(b) Products and articles determined to present hazards. W hen it is deter­mined by an inspector that a hazard of spread of the Mediterranean fruit fly is presented by any fruit-picking equip­ment; any trucks, wagons, cars, aircraft, boats, other means of conveyance or con­tainers which have been or are being used in conveying fruits or vegetables; other products or articles, including nursery stock, which have been asso­ciated with the production of, or com­merce in, fruits or vegetables, or have been or are contaminated with sand, soil, earth, peat, compost, or manure; or, unlimited by the foregoing, any other products or articles of any character whatsoever, such equipment, means of conveyance, containers, preducts or a r ­ticles may be moved from any regulated area into or through any point outside thereof after they have been thoroughly cleaned, disinfested, or otherwise treated under the observation of an inspector and in accordance with methods selected by him from administratively authorized Procedures known to be effective under the conditions in which applied, or they *uay be so moved under limited permit. Notice of the application of such require­ments to particular means of conveyance, containers, and other products and a r ­ticles under this paragraph shall be given to the person in charge thereof.

. $ 301.78-5 Conditions governing the issuance of certificates and limited per- "Mts— (a) Certificates. Certificates may ?e “ ?ued for the movement from a regu­lated area of the regulated articles desig­nated in § 301.78-4 (a ) under any one of

, Allowing conditions:'l l When, in the judgment of the in -

iC?* ?r’ toey have not been exposed tomfestation.

(2) W hen they have been examined by an inspector and found to be free of infestation.

(3 ) W hen they have been treated un­der the observation of an inspector and in accordance with methods selected by him from administratively authorized procedures known to be effective under the conditions in which applied.

(b ) Limited permits. Limited per­mits may be issued by the inspector for

„the movement from a regulated area of noncertified regulated articles desig­nated in § 301.78-4 (a ) or (b ) to speci­fied destinations for limited handling, utilization, or> processing. Persons shipping, transporting, or receiving such articles may be required by tire inspector to enter into written agreements with the Plant Pest Control Branch to maintain such safeguards against the establish­ment and spread of infestation tand to comply with such conditions as*to the maintenance of identity, handling, or subsequent movement of such articles and to the cleaning or treatment of trucks, wagons, cars, aircraft, boats, and other means of conveyance and contain­ers used in transportation of such ar­ticles as may be required by the inspec­tor.

(c ) Dealer-carrier agreement. As a condition of issuance of certificates or permits for the movement of regulated articles, any person or firm engaged in purchasing, assembling, exchanging, processing, or carrying such regulated articles originating or stored in regulated areas, may be required to sign a dealer- carrier agreement stipulating that he will carry out any and all conditions, treat­ments, precautions, and sanitary meas­ures which are deemed necessary by the inspector, including segregation and maintenance of identity, under supervi­sion of the inspector, of all regulated articles.-

§ 301.78-6 Assembly of articles for inspection. Persons intending to move any of the regulated articles under § 301.78-4 ~ (a ) shall make application for inspection as fa r in advance as pos­sible, shall so handle such articles as to safeguard them from infestation and shall assemble them at such points and in such manner as the inspector shall des­ignate to facilitate inspection.

§ 301.78-7 Cancellation of certificates or limited permits. Certificates or lim­ited permits for any regulated articles issued under the regulations in this sub­part may be withdrawn or canceled and further certificates or permits for such articles may be refused by the inspector whenever he determines that the further use of such certificates or permits might result in the spread of the Mediterranean

. fruit fly.§ 301.78-8 Inspection and disposition.

Any truck, wagon, car, aircraft, boat, or other means of conveyance, or container, which is moving interstate and which an inspector has probable cause to believe carries or contains any Mediterranean fruit fly or other regulated article the movement of which is prohibited or re­stricted by the quarantine or regulations in this subpart shall be subject to in­spection by the inspector. W hen regu­lated articles are found to be moving or

to have been moved in violation of the provisions in this subpart, the inspector may seize, destroy, or otherwise dispose of such articles as he deems necessary to eliminate the danger of spread of the Mediterranean fruit fly.

§ 301.78-9 Shipments fox scientific purposes. Live Mediterranean fruit flies may be removed from any State or Ter­ritory into any other State or Territory or the District of Columbia, or from said District into any State or Territory, and other articles subject to the requirements of the regulations in this subpart may be moved from any regulated area, for ex­perimental or other scientific purposes, on such conditions and under such safe­guards as may be required by the Chief of the Plant Pest Control Branch. The container or, if there is none, the article itself shall bear, securely attached to the outside thereof, an identifying tag from the Plant Pest Control Branch.

§ 301.78—10 Nonliability of Depart­ment. The United States Department of Agriculture disclaims liability for any cost incident to inspection or treatment required under the provisions in this sub­part, other than for the services of the inspector.

The foregoing quarantine and regula­tions shall be effective on and after M ay16,1956.

The purpose of the quarantine and supplemental regulations is to prevent the spread of the Mediterranean fruit fly from Florida, where it is known to occur, to other parts of the United States. The supplemental regulations provide methods whereby host material may be inspected and treated or otherwise made eligible for interstate movement from regulated areas. The regulations also govern the interstate movement of live Mediterannean fruit flies for scientific purposes.

Since the State of Florida prohibits the growing of cotton in the areas which it is intended to regulate, the references to “cotton bolls and seed cotton” that ap­peared in the quarantine and regulations as published in the notice of proposed rule making have been deleted. A pro­vision has also been newly introduced providing for a dealer-carrier agreement.

The Chief of the Plant Pest Control Branch will supplement these regulations by issuing administrative instructions listing the counties, precincts, cities, and other minor civil divisions, or parts thereof, in the quarantined State in which infestation of the Mediterranean fruit fly has been determined to exist, =or in which it has been determined such infestation is likely to exist, or which it is deemed necessary to regulate because of their proximity to infestation or their inseparability for quarantine enforce­ment purposes from infested localities, and designating such localities as regu­lated areas.

In order to be of maximum protection to the public the foregoing quarantine and regulations should be made effective as soon as possible. Therefore under section 4 of the Administrative Proce­dure Act (6 U. S. C. 1003) it is found upon good cause that further notice of rule making with respect to the dealer-car­rier agreement provisions would be im -

RULES AND REGULATIONS3216

practicable and contrary to the public interest and good cause is found for mak­ing the document effective less than 30 days after publication in the F ederal R egister.(Sec. 3, 33 Stat. 1270; secs. 8 and 9, 37 Stat. 318, as amended; 7 U. S. C. 143, 161, 162)

Done at Washington, D. C., this 11th day of M ay 1956.

[ seal] M. R. Clarkson,Acting Administrator,

Agricultural Research Service.

[F. R. Doc. 56-3884; Filed, May 15, 1956; 8:53 a. m.]

[P. P. C. 616]

P art 301— D om estic Q uar a n tin e N otices

S ubpart— M editerranean F r u it F l y

adm inistrative in st r u c t io n s e x e m ptin gCERTAIN ARTICLES FROM SPECIFIC REQUIRE­MENTS

Pursuant to the authority conferred on him by the fourth sentence of the Medi­terranean fruit fly quarantine (Notice of Quarantine No. 78, 7 CFR § 301.78 *), under sections 8 and 9 of the Plant Quar­antine Act of 1912 (7 U. S. C. 161, 162), the Chief of the Plant Pest Control Branch hereby issues administrative in­structions exempting certain regulated articles from the requirements of §§ 301.78-4 and 301.78-5 of the regula­tions supplemental to the said notice of quarantine (7 CFR 301.78-4, 301.78-5 x) , such administrative instructions to ap­pear as § 301.78a in Title 7, Code of Fed­eral Regulations, as follows:

§ 301.78a Administrative instructions exempting certain articles from speci­fied requirements. It has been found that facts exist as to the pest risk in­volved in the movement of the follow­ing regulated articles under the regula­tions in this subpart which make it safe to make less stringent the requirements of the regulations with respect to the movement of such articles from any regulated area, as hereinafter provided. The following articles are hereby exempt from the requirements of §§ 301.78-4 and 301.78-5:

(a ) Fruits. (1) Coconuts.(2) Lemons, when picked green and

commercially packed.(3) Sour limes, when picked green and

commercially packed.(4) Strawberries, blackberries, and

dewberries.(5) Watermelons.(b ) Vegetables. (1) Beans.( 2 ) Celery, when free from soil.(3) Gourds.(4) Chili and Cayenne peppers (not

Including bell peppers).(5) Pumpkins.(6) Green tomatoes, when commer­

cially packed.(7) Squash.

These instructions shall become effec­tive May 16, 1956.

The foregoing administrative instruc­tions relieve restrictions by permitting

1 See F. R. Doc. 56-3884, supra.

the movement of certain articles without a certificate or limited permit under the Mediterranean fruit fly quarantine and regulations. It has been determined that such movement will not result in the spread of the M editerranean'fruit fly and that the restrictions provided by the quarantine and regulations upon such movement are unnecessary. In order to be of maximum benefit to affected ship­pers, the instructions relieving such re­strictions should be 'made effective as soon as possible. Therefore, under sec­tion 4 of' the Administrative Procedure Act (5 U. S. C. 1003) it is found upon good cause that notice and other public rule making procedure with respect to the instructions are impracticable and unnecessary

Since the instructions relieve restric­tions, they are within the exception in section 4 (c ) of the Administrative Pro­cedure* Act and may properly be made effective less than 30 days after their publication in the F ederal R egister. ■(Sec. 9, 37 Stat. 318; 7 U. S. C. 162. Inter­prets or applies sec. 8, 37 Stat. 318, as amended; 7 U. S. C. 161)

Done at Washington, D. C., this 11th day of May .1956.

[ seal] E. D. B urgess,Chief,

Plant Pest Control Branch.

[F. R. Doc. 56-3885; Filed, May 15, 1956;8:53 a. m.]

[P. P. C. 615]

P art 301— D omestic Quarantine N otices

Subpart— M editerranean Fruit F l y

administrative instructions designatingCERTAIN LOCALITIES AS REGULATED AREAS

Pursuant to § 301.78-2 of the regula­tions supplemental to the Mediterranean Fruit Fly Quarantine (7 CFR 301.78-2 *), under sections 8 and 9 of the Plant Quarantine Act of 1912 as amended (7 U. S. C. 161, 162), the Chief of the Plant Pest Control Branch hereby issues ad­ministrative instructions to appear in a new subpart, under the heading “Medi­terranean fruit fly,” in Title 7, Chapter I I I , Part 301, of the Code of Federal Regulations, as follows:

§ 301.78-2a Administrative instruc­tions designating regulated areas under the Mediterranean fruit fly quarantine and regulations. Infestations of the Mediterranean fruit fly have been de­termined to exist in the civil divisions, and parts thereof, listed below, or it has been determined that such infestation is likely to exist therein, or it is deemed necessary to regulate such civil divisions and parts thereof because of their prox­imity to infestation or their inseparabil­ity for quarantine purposes from infested localities. Accordingly, such civil divi­sions, and parts thereof, are hereby designated as Mediterranean fruit fly regulated areas within the meaning of the provisions in this subpart:

Florida: The counties of Broward and Dade.

These administrative instructions shall become effective M ay 16, 1956.

.These instructions list the counties regulated under the Mediterranean fruit fly notice of quarantine and supple­mental regulations and supplement such regulations. The notice of quarantine and regulations and the instructions must be made concurrently effective in order to carry out the purposes of the quarantine and regulations. Accord­ingly, under section 4 of the Administra­tive Procedure Act (5 U. S. C. 1003), it is found upon good cause that notice and other public procedure with respect to the foregoing instructions are impracti­cable and contrary to the public interest and good cause is found for making the effective date thereof less than 30 days after publication in the Federal R egister.(Sec. 9, 37 Stat. 318; 7 U. S. C. 162. . Inter­prets or applies sec. 8, 37 Stat. 318, as amended; 7 U. S. C. 161)

Done at Washington, D. C., this 11 day of M ay 1956.

[ seal] E. D. B urgess,Chief,

Plant Pest Control Branch.

[F. R. Doc. 56-3886; Filed, May 15, 1956;8:54 a. m.]

Chapter VII— Commodity Stabiliza­tion S e r v i c e (Farm Marketing Quotas and Acreage Allotments), Department of Agriculture

P art 728— W heat

SUBPART— 1957-58 MARKETING YEAR Sec.728.701 Basis and purpose.728.702 National marketing quota for wheat

for the 1957-58 marketing year.728.703 1957 national acreage allotment for

wheat.Authority: §§728.701 to 728.703 issued

under sec. 375, 52 Stat. 66, as amended; 1 U. S. C. 1375. Interpret or apply secs. 301, 333, 335, 52 Stat. 38, as amended; 7 U. S. C, 1301, 1333,1335.

§ 728.701 Basis and purpose, (a) The regulations contained in § § 728.701 to 728.703 are issued to proclaim the na­tional marketing quota for wheat for the marketing year beginning July 1, 1857, and the 1957 national acreage allotment for wheat.

(b ) Section 335 of the Agricultural Adjustment Act of 1938, as amended, provides that whenever in any calendar year the Secretary of Agriculture deter­mines ( 1) that the total supply of wheat for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year by more than 20 per centum, or (2) that the total supply of wheat for the marketing year ending in such calendar year is not less than the normal supply for such market­ing year and that the average farm price for wheat for three consecutive months of such marketing year did not exceed 66 per centum of parity, the Secretary

Wednesday, May 16, 1956 FEDERAL REGISTER 3217shall, not later than M ay 15 of such cal­endar year, proclaim such fact and a national marketing quota shall be in effect with respect to the marketing of wheat during the marketing year be­ginning July 1 of the next succeeding calendar year.

(c) Section 333 of the act, as amended, provides that the national acreage allot­ment for any crop of wheat shall be that acreage which the Secretary determines will, on the basis of the national aver­age yield of wheat, produce an amount thereof adequate, together with the esti­mated carry-over at the beginning of the marketing year for such crop and im­ports, to make available a supply for such marketing year equal to a normal year’s domestic consumption and exports plus 30 per centum thereof, but such national acreage allotment cannot be less than 55 million acres.

(d) Thq, findings and determinations by the Secretary contained in § § 728.702 and 728.703 have been made on the basis of the latest available statistics of the Federal Government, and after due con­sideration of data, views, and recommen­dations received from wheat producers and others as provided in the notice (20F.E. 10062) given in accordance with the Administrative Procedure Act (5 U. S. C. 1003).

(e) Since the Agricultural Adjustment Act of 1938, as amended, requires the holding of a referendum of wheat pro­ducers who will be subject to the market­ing quotas proclaimed on the 1957 crop not later than July .24,1956, to determine whether such producers favor such m ar­keting quotas and requires, insofar as. practicable, the mailing of notices of farm acreage allotments to farm opera­tore prior to the date of the referendum, it is hereby found that the proclamations contained herein shall become effective npon filing with the Director, Division of Federal Register.

§728.702 National marketing quota /or wheat for the 1957-58 marketing

r ie totel supply of wheat for “he 1956-57 marketing year is deter- nnned to be 1,954 million bushels. The normal supply of wheat for such market­ing years is determined to be 1,140 jnnhon bushels. This total supply ex­ceeds the normal supply by more than w, ,centum. Therefore, a national ®nrketing quota shall be in effect with

Blanketing of wheat during 1957-58 marketing year.

§728.703 1957 National acreage allot- ¡7™ ior wheat. The estimated carry-

er of wheat for the marketing year panning July l, 1957, is 1,045 million sum f-5" A normal year’s domestic con-

Ptxon and exports of wheat plus 30 ^ centum thereof is 1,241 million bush- keii-Impor s °* wheat during the m ar- e<sH«r\year beginning July 1, 1957, are

to be 3 million bushels. The b u 2 al average y^W of wheat is 15.6 allotmS ^er acre* ’The national acreage 12371 comPuted for the 1957 crop is less tha 5 ,acres- Since this amount is

wan “ ie minimum provided for by

law, the national acreage allotment for the 1957 crop of wheat shall be 55 million acres.

Issued at Washington, D. C., this 14th day of M ay 1956.

[ seal ] E zra T aft B e n so n ,Secretary.

[P. R. Doc. 56-3913; Piled May 15, 1956; 8:55 a. m.J

Chapter IX— Agricultural Marketing Service (Marketing Agreements and Orders), Department of Agriculture

[945.301 Arndt. 8]

P art 945— T omatoes G r o w n i n F lorida

LIMITATION OF SHIPMENTS

Findings, (a ) Pursuant to Marketing Agreement No. 125 and Order No. 45 (7 CFR Part 945; 29 F. R. 7357), regu­lating the handling of tomatoes grown in Florida, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U. S. C. 601 et seq.; 68 Stat. 906, 1047), and upon the basis of the recommendation and infor­mation submitted by the Florida Tomato Committee, established pursuant to said marketing agreement and order, and upon other available information, it is hereby found that the amendment to the limitation of shipments, as herein­after provided, will tend to effectuate the declared policy of the act.

(b ) It is hereby found that it is im­practicable, unnecessary, and contrary to the public interest to give preliminary notice, engage in public rule making procedure, and postpone the effective date of this amendment later than M ay

16, 1956. The only change in the exist­ing regulation which will be effective by this amendment is to include an addi­tional container under m aximum net weight regulation. Growers’ prices are adversely affected by over packing, i. e., increasing the net weight of tomatoes per container in excess of customary or normal net contents, especially during periods of declining and low prices. O r­derly marketing will be promoted by in­cluding this additional container under the maximum net weight requirement for containers specified in this regulation. The time intervening between the date (M ay 10, 1956) when information upon which this amendment is based became available and the time (M ay 16, 1956) when this amendment must become ef­fective in order to effectuate the declared policy of the act is insufficient to permit the taking of the aforementioned actions. Compliance with this amendment will not require special preparation on the part of handlers which cannot be com­pleted by M ay 16, 1956, and reasonable time is permitted, under the circumstan­ces, for such preparation. Information regarding the committee’s recommenda­tion, which is herein adopted was made available to producers and handlers in the production area when such recom­mendation was made to this Department.

Order, as amended. The provisions of § 945.301 (b ) (3 ), as amended (21 F. R. 2408, 2746), are hereby further amended for the period M ay 16 through M ay 31, 1956, as follows:

(3 ) No person shall handle for ship­ment outside the production area any tomatoes packed in the following con­tainers unless the net weight of such tomatoes in each such container does not exceed the maximum net weight set forth for each such container:

Container usual description Carrier con­tainer Ño. Inside dimensions Cubic

contentsMaximum net weight of tomatoes

60-pound field box............ Inches11x11x2214...____

Inches2,6922,6723,2832,2472,0831,7281,8221,7531,353

Pounds6363635262 y,42424235.7

60-pound wire-bound crate......... 4015 11»M8X 11»M« xl8?4........60-pound tomato lug (corrugated!__ _ 23104 1 1914 X 1344 r 19.1450-pound duo pack______ 50150-pound full telescope......... 10^6X1024x1821#...........40-pound 2-piece cardboard box .. . . 1915 ____ 10 X 9 X 19%40-pound RSC vent stitliner ___ 7007.............. 12 Vi a x R X40-pound bulge pack tomato box SJ 27 1 10 X 874 X 193434-pound tomato lug box_________ 1040.........

1 Manufacturer's number.

To allow for variations incident to proper packing, not more than a total of ten percent of the containers in any lot, by count, may exceed the specified m axi­mum net weight set forth above for each such container.(Sec. 5, 49 Stat. 753, as amended; 7 U. S C 608c) •

Done at Washington, D. C., this n th day of May 1956, to become effective May16,1956.

[ seal ] F lo yd F. H e d lu n d ,Acting Director,

Fruit and Vegetable Division.[F. R. Doc. 56-3882; Filed, May 15, 1956;

8:53 a.m .]

TITLE 16— COMMERCIAL PRACTICES

Chapter I— Federal Trade CommissionSubchapter B— Trade Practice Conference Rules

[File 21-470]

P art 19— G u m m ed P aper and S ealing T ape I n d u s t r y

pr o m ulg atio n of in d u s t r y com m itteePROVISION

In the matter of amendment to trade practice rules for gummed paper and sealing tape industry (16 CFR Part 19) by addition of standard industry com­mittee provision.

3218 RULES AND REGULATIONSDue proceedings having been held by

the Federal Trade Commission pursuant to an application filed on behalf of the gummed paper and sealing tape industry for inclusion in the rules for the industry promulgated June 24, 1955, of the stand­ard industry committee provision here­tofore approved and promulgated by the Commission (20 F. R. 7249) ;

It is now ordered, That the said com­mittee provision, as so approved by the Commission and as hereinafter appear­ing, be promulgated as an additional provision to the rules for the above- mentioned industry. Such provision is operative as of this date.

COMMITTEE ON TRADE PRACTICES

§ 19.201 Industry committee. The industry may, at its option, form a trade practice committee, which shall be fairly représentative of the industry, to cooperate with the Federal Trade Com­mission in the following respects:

(a ) To assist in keeping the rules of the industry active by periodically bring­ing to the attention of industry members the provisions thereof ;

(b ) To publicize and disseminate among all members of the industry Com­mission stipulations, orders and opinions or administrative interpretations relat­ing to practices covered by the rules;

(c ) To meet periodically with Commis­sion personnel for the purpose of discus­sing the rules, the need for their revision, and the administration thereof, the com­mittee’s function in connection with such meetings being informative oniy, with decisions as to any action to be taken being left solely ip. the hands of govern­ment officials. A ll such meetings shall be:

(1) Called and chairmaned by a full­time Commission official; and

(2) Limited to a discussion of matters outlined in an agenda prepared by a full­time Commission official.Full and complete minutes of each such meeting shall be prepared and filed with the Commission.

(d ) It is not the function of the com­mittee to:

(1 ) Interpret the rules;(2) Attempt to correct alleged rule

violations ;(3) Make determinations or express

opinions as to whether practices are violative of the rules;

(4) Receive or screen complaints of violations of the rules; or

(5) Perform any other act or acts within the authority of the Federal Trade Commission or any other governmental Agency or Department.

(e ) A ll complaints of industry mem­bers and other parties respecting rule violations should be made directly to the Commission. In the event any complaint is received by the committee, or any in­formation is brought to its attention in­dicating a probable violation of a rule all relevant information with respect thereto shall be promptly transmitted by the committee to the Commission with­out the committee contacting the party or parties alleged to have violated the rule.

( f ) Immediately after its formation the committee shall inform the Commis­

sion of the identity of the members thereof, the names and addresses of the companies or concerns represented by such members, and shall supply the Commission with information showing that the membership of the committee is fairly representative of the industry. Changes in composition of the commit­tee shall be reported to the Commission as soon as they may occur.

(g ) Full and complete minutes of all meetings of the committee, identifying the members in attendance and informa­tive of the matters discussed and actions taken, shall be kept. The minutes of the meetings falling under section (c ) shall be filed with the Commission, and the minutes of all other meetings shall be kept by the committee and be made available to the Commission on request. (Sec. 6, 38 Stat. 721; 15 U. S. C. 46)

By direction of the Commission. Issued: May 11, 1956.[ seal ] R obert M. P arrish ,

Secretary.

[F. R. Doc. 56-3881; Filed, May 15, 1956;8:52 a. m.]

TITLE 21— FOOD AND DRUGSChapter I— Food and Drug Adminis­

tration, Department of Health, Edu­cation, and Welfare

P art 3— S tatem ents of G eneral P o l ic y or I nterpr etation

pesticide c h e m ic a ls ; further extendedDATES ON WHICH STATUTE SHALL BECOME FULLY EFFECTIVE

A request has been received for exten­sion of the date when the statute (68 Stat. 511 et seq.; 21 U. S. C . 342, 346a) shall become fully effective for ammonia on citrus. This involves nonseasonal use of the chemical.

In exercise of the authority vested in the Secretary of Health, Education, and W elfare by the Federal Food, Drug, and Cosmetic Act (secs. 402 (a ) (2 ), 408, 68 Stat. 511, 517 (Ch. 559, Secs. 2, 5 ); 21 U. S. C. 342 and note 1 under section 342; 346a) and delegated to the Commis­sioner of Food and Drugs by the Secre­tary (20 F. R. 1996), I find that exten­sion for this use of ammonia, and the following order is promulgated:

Section 3.44 Pesticide chemicals; fur­ther extended dates on which statute shall become fully effective (21 CFR, 1955 Edition, 3.44; as amended 21 F. R. 1463, 2327, 2591, 2861) is amended by inserting in paragraph (a ) (6 ), after the item “Allethrin” the item “Ammonia: On citrus.”(Sec. 701, 52 Stat. 1055, as amended; 21 U. S. C. 371. Interprets or applies sec. 402, 52 Stat. 1046, as amended, sec. 408, 68 Stat. 511; 21 U. S. C. 342,346a)

Dated: M ay 9, 1956.[ seal ] Jo h n L . H arvey ,

Deputy Commissioner of Food and Drugs.

[F. R. Doc. 56-3845; Filed, May 15, 1956; 8:45 a.m .]

TITLE 32— NATIONAL DEFENSEChapter I— Office of the Secretary of

DefenseSubchapter A— Armed Services Procurement

Regulations[Arndt. 12]

M isc ellan eo u s A m endments

The following amendments are made to this subchapter:

P art 1— G eneral P rovisions

SUBPART B— DEFINITIONS OF TERMS

Section 1.201-1 has been amended by addition of the cross reference to 41 CFR 201.101 ii^ paragraph (a) (2) thereof. Section 1.201-9, as revised, reads as follows:

§ 1.201-9 Sources of supplies, (a) The term “sources of supplies” shall in­clude only (1) manufacturers, (2) con­struction contractors, and (3) regular dealers in the supplies to be procured. A “regular dealer” shall be deemed to be any one of the following:

(i) A person or firm who owns, operates, or maintains a store, ware­house, or other establishment in which the materials, supplies, articles, or equip­ment of the general character described by the specifications and required under the contract are bought, kept in stock, and sold to the public in the usual course of business;

(ii) In the case of supplies of particu­lar kinds (lumber and timber products, coal, machine tools, raw cotton, petro­leum, green coffee, or hay, grain, feed, and straw ), a person or firm satisfying the requirements of Article 101 (b) of the Regulations of the Secretary of Labor (41 CFR 201.101) under the Walsh- Healey Public Contracts Act (41 U. S. C. 35), as amended from time to time.The definitions in this-paragraph shall not apply to contracts for supplies no' part of which will be manufactured or furnished within the geographic limits of the continental United States, Alaska, Hawaii, Puerto Rico, the Virgin Islands, or the District of Columbia.

(b ) A manufacturer, construction con­tractor, or regular- dealer may bid, nego­tiate, and contract through an author­ized agent: Provided, That the agency is disclosed, and the agent acts and con­tracts in the name of his principal. In this connection, see the clause entitled “Covenant Against Contingent Fees” set forth in §7.103-20 of this subchapter and the procedures prescribed for obtaining information concerning contingent or other fees, as set forth in Subpart E of this part.

P art 3— P r ocurem ent b y N egotiation

SUBPART B— CIRCUMSTANCES PERMITTING NEGOTIATION

In Revision No. 10, § 3.201 was amend­ed so as to restrict the use of section i(c ) (1) of the Armed Services Procure­ment Act of 1947. Generally, t«e amended section represented a return to virtual peace-time methods of procure­ment. An exception was made in those cases and programs designated by tbe

FEDERAL REGISTER 3219Wednesday, May 16, 1956

Secretaries of the military departments. Section 3.201 is further revised to re­voke the authority of the Secretaries to authorize, the use of section 2 (c ) (1) under circumstances other than those set forth in Part 3. Other editorial changes have been made. Attention is invited to current wording of § 3.201-2 (b ) which pmkps mandatory the citation of section 2 (c) (1) in the four instances therein set forth, including negotiated procure­ment of research and development work for $100,000 or less.

§ 3.201 National emergency.§ 3.201-1 Authorization. Pursuant

to the authority of section 2 (c) (1) of the act, purchases and contracts may be negotiated without formal advertising if-

• * * determined to be necessary in the public interest during the period of a na­tional emergency declared by the President or by the Congress.

§3.201-2 Application, (a ) This au­thority shall be used only to the extent determined by the Assistant Secretary of Defense (Supply and Logistics) to be necessary in the public interest, and then only in accordance with Departmental procedures consistent with § 3.201.

(b) With respect to procurements initiated on or after January 1,1956, and for the duration of the national emer­gency declared pursuant to Presidential Proclamation 2914, dated December 16, 1950, the Assistant Secretary of Defense (Supply and Logistics) has determined that the following procurements only shall be made pursuant to the authority of section 2 (c) (1) of the act:

(1) Procurements made pursuant to labor surplus and disaster area pro­grams. Set asides shall be negotiated in accordance with procedures set forth in § 3.219.

(2) Procurements made in keeping with the small business programs. Set asides sha ll be negotiated in accordance with procedures set forth in DO D Direc­tive 4100.9, dated November 14, 1955, Subject: Relationship with The Small Business Administration.

(3) Nonperishable subsistence (pend­ing resolution of the recommendation on this subject contained in the report of the Commission on Organization of the Executive Branch of the Government, subject “Pood and Clothing”).

(4) Procurements for research and Development for $100,000 or less.(hi ■ExcpPt; as authorized in paragraph

of this section, procurements may re negotiated only when authorized by subsections (2) through (17)- of section(ss9oa ant* se°tion 2 (e) of the act 'ss 3.202 through 3.218) and §3.219; Tn n^ nati°ns and findings shall be

m accordance with section 7 of the arm ®u^Part C of this p a r t ); and the ppropriate authority shall be,, cited in

each contract.

Part 5— I nterdepartm ental P rocurem ent

subpart a— pr o cur em ent u n d e r federalSUPPLY SCHEDULE CONTRACTS

lette116 § 5.103-3 has been added. In a J . dated January 10, 1956, the A d - ““‘ustrator, General Services, has agreed

No. 95------2

generally that unilateral action will not be taken by G. S. A. in respect to Federal Supply Schedules which are manda­tory upon the Department of Defense. Section 5.1t)3— 3 sets forth the details of this agreement and indicates procedure for initiating changes in the Schedules.

§ 5.103-3 Establishment or revision of Federal Supply Schedules mandatory upon Department of Defense— (a ) Pol­icy. The Administrator of General Serv­ices has agreed that the concurrence of the Office of the Secretary of Defense will be obtained prior to establishing a Federal Supply Schedule which is m an­datory upon the Department of Defense or prior to adding or removing ahy items from Federal Supply Schedules which are mandatory upon the Department of Defense or making any other changes in such Schedules affecting their use by Department of Defense in meeting its supply requirements. However, deletion of an item from a Federal Supply Sched­ule will not require Office of the Secre­tary of Defense concurrence when the reports of sales for that item amount to less than $1,000 per year except where—

(1) The item is a part or accessory incidental to a basic item;

(2 ) The item is a component of a unit assembly;

(3) The item has a demonstrated need to fill out a range of colors, sizes or other characteristics; or

(4) The item involves a contract for services.

<b) Procedures. Requests for the es­tablishment of or a change in a Federal Supply Schedule mandatory on elements of the Department of Defense shall be forwarded through channels to the Office of the Assistant Secretary of Defense (Supply and Logistics). Such proposals normally shall be forwarded in sufficient time to provide three months for consid­eration by all interested elements of the Department of Defense and General Services Administration prior to the de­sired effective date. In the event action on such proposals is desired in a shorter period of time, a minimum of thirty-five days for consideration should be antici­pated. These proposals will be distrib­uted to the representatives of the M ili­tary Departments and General Services Administration engaged in the Federal Supply Schedule review program, as ap­propriate, for comment or concurrence. Any questions will be jointly considered before final action is taken. I f the De­partment of Defense and General Serv­ices Administration representatives can­not reach agreement on a question raised regarding proposals involving Federal Supply Schedules mandatory upon the Department of Defense, the question will be forwarded to the Assistant Secretary of Defense (Supply and Logistics) for consideration, and, if appropriate, for a statement of the Department of Defense position to the Administrator of General Services.

P art 7— Contract C lauses and F orms

SUBPART A— CLAUSES FOR FIXED-PRICE SUPPLY CONTRACTS

1. Section 7.104-12 has been revised so as to clarify responsibilities of signa­tories to the Security Agreement (D D

Form 441) and representatives of the Government. Other editorial changes have been made to reflect current classi­fications. Sectitfn 7.104-12, as revised, reads as follows:

§ 7.104-12 Military security require­ments. Insert the following clause in all contracts which are classified by a De­partment as ‘‘Confidential,” including “Confidential— Modified Handling Au­thorized,” or higher and in any other contracts the performance of which will require access to such classified informa­tion or material, except that this clause shall not be used in contracts performed outside the continental United States, its territories and possessions. In those cases where the situation so warrants because of the nature of the item, or con­ditions under which it is to be produced, the contract shall provide and establish by a separate contract provision such additional security safeguards as may be required for the protection of that item.

MILITARY SECURITY REQUIREMENTS

(a ) The provisions of this clause shall apply to the extent that this contract in­volves access to information classified “Con­fidential” including “Confidential— Modified Handling Authorized” or higher.

(b ) The Government shall notify the Con­tractor of the security classification of this contract and the elements thereof, and of any subsequent revisions in such security classification, by the use of a Security Re­quirements Check List (DD Forms 254 and 254-1).

(c) To the extent the Government has in­dicated as of the date of this contract or thereafter Indicates security classification under this contract as provided in paragraph (b ) above, the Contractor shall safeguard all classified elements of this contract and shall provide and maintain a system of security controls within its own organization in ac­cordance with the requirements of:

(i ) The Security Agreement (DD Form 441), including the Department of Defense Industrial Security Manual for Safeguarding Classified Information (Part 66) as in effect on date of this contract, and any modifica­tion to the Security Agreement for the pur­pose of adapting the Manual to the Con­tractor’s business; and

(ii) Any amendments to said Manual made after the da€e of this contract, notice of which has been furnished to the Con­tractor by the Security Office of the Military Department having security cognizance over the facility.

(d ) Representatives of the Military De­partment having security cognizance over the facility and representatives of the con­tracting Military Department shall have the right to inspect at reasonable intervals the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the Government, through these rep­resentatives, determine that the Contractor is not complying with the security require­ments of this contract the Contractor shall be informed in writing by the Security Office of the cognizant Military Department of the proper action to be taken in carder to effect compliance with such requirements.

(e ) If subsequent to the date of this con­tract, the security classifications or security requirements under this contract are changed by the Government as provided in this clause and the security costs under this contract are thereby increased or decreased, the contract price shall be subject to an equitable adjustment by reason of such in­creased or decreased costs. Any equitable adjustment shall be accomplished in the

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same manner as if such changes were directed under the “Changes” clause in this contract.

( f ) The Contractor agrees to insert, in all subcontracts hereunder which involve access to classified information, provisions which shall conform substantially to the language of this clause, including this paragraph ( f ) but excluding the last sentence of paragraph (e ) of this clause.

(g ) The Contractor also agrees that it shall determine that any subcontractor proposed by it for the furnishing of supplies and serv­ices which will involve access to classified information in the Contractor’s custody has been granted an appropriate facility security clearance, which is still in effect, pridr to being accorded access to such classified information.

2. Section 7.204-12 has been revised so as to clarify responsibilities of signa­tories to the Security Agreement (DD Form 441) and representatives of the Government. Other editorial changes have been made to reflect current classi­fications. Section 7.204-12, as revised, reads as follows:

§ 7.204-12 Military Security Require­ments. In accordance with the require­ments of § 7.104-12, insert the contract clause set forth in said section, deleting paragraphs (e ) and ( f ) therefrom and substituting therefor the following para­graphs (e) and ( f ) :

(e ) If, subsequent to the date of this contract, the security classifications or secu­rity requirements under this contract are changed by the Government as provided in this clause, and if such change causes an increase or decrease in the estimated cost of performance of this contract, the estimated cost and fixed fee shall, to the extent appro­priate, be subject to an equitable adjust­ment. Any such equitable adjustment shall be accomplished in the manner set forth in the “Changes” clause in this contract.

( f ) The Contractor agrees to insert, in all subcontracts hereunder which involve access to classified information, provisions which shall conform substantially to the language of this clause, including this paragraph (f ) but excluding paragraph (e ) of this clause. The Contractor may insert in any such sub­contract, and any such subcontract entered into thereunder may contain, in lieu of par­agraph (e ) of this clause, provisions which permit equitable adjustments to be made in the subcontract price or in the estimated cost and fixed fee of the subcontract (as ap­propriate to the type of subcontract involved) on account of changes in security classifica­tions or requirements made under the pro­visions of this clause subsequent to the date of the subcontract involved.(R .S . 161; 5U .S . C. 22)

P art 11— F ederal, State and L ocal T axes

Subparts A and B of this part have been completely revised so that organic zation of such part conforms with that of the Internal Revenue Code of 1954 and reflects amendments to the Code made by the following legislation: Public Laws 18,317,355,367, and 379, all passed by the 84th Congress. Policies are now set forth concerning utilization of exemp­tions, credits, and refunds with regard to Federal excise taxes. Substantive cor­rections, and enlargement of the list of Federal excise taxes discussed, should make the present treatment more helpful to procurement activities and contractors.

RULES AND REGULATIONS§ 11.000 Scope of part. This part

deals with certain Federal taxes imposed by the Internal Revenue Code upon cer­tain supplies and services procured by any Department; exemptions from such Federal taxes; policy for obtaining ex­emption from State and local taxes; and contract clauses required or authorized for insertion in contracts. Except as otherwise indicated references are to the Internal Revenue Code of 1954 (26 U. S. C.) which differs substantially from the Internal Revenue Code of 1939. R ef­erences to the Internal Revenue Code of 1939 are only for convenience in dispos­ing of cases to which the Internal Reve­nue Code of 1954 is not applicable.

SUBPART A— FEDERAL EXCISE TAXESSec.11.100 Scope of subpart.11.101 Retailer’s excise taxes.11.101-1 Jewelry and related items.11.101-2 Furs.11.101-3 Toilet preparations.11.101-4 Luggage and handbags.11.101-5 Special fuels.11.102 Manufacturers’ excise taxes.11.102-1 Motor vehicles.11.102-2 Tires and tubes.11.102-3 Gasoline.11.102-4 Lubricating oils.11.102-5 Refrigeration equipment.11.102-6 Electric, gas, and oil appliances.11.102-7 Electric light bulbs.11.102-8 Radio and television receiving

11.102-9

sets, phonographs and records, musical instruments.

Sporting goods.11.102-10 Photographic equipment.11.102-11 Firearms, shells, and cartridges.11.102-12 Business machines.11.102-13 Fens, mechanical pencils, and

' lighters.Matches.11.102-14

11.103 Excise taxes on facilities and serv­

11.103-1ices.

Communications.11.103-2 Transportation of persons.11.103-3 Transportation of property.11.103-4 Transportation of oil by pipeline.11.104 Selective list of supplies and serv-

ices subject to Federal excise taxes.

Authority: §§ 11.100 to 11.104 issued un­der sec. 1, 54 Stat. 712, as amended, sec. 201, 55 Stat. 839, 62 Stat. 20, sec. 638, 66 Stat. 537; 50 U. S. C. App. 1171, 611, 41 U. S. C. 151-162, E. O. 9001, 6 F. R. 6787, E. O. 9296, 8 F. R. 1429; 3 CFR, 1943 Cum. Supp.

§ 11.100 Scope of subpart. This sub­part deals with Federal excise taxes (re­tailers’ excises, manufacturers’ excises, and the excises on facilities and serv­ices) imposed by the Internal Revenue Code upon certain supplies and services procured by any Department. Each tax will be outlined as to (a ) its scope and the basis of its applicability, (b ) the supplies or services subject to it, and (c ) its rate. See § 11.104 for an alphabetical list of the supplies and services subject to these Federal excise taxes, with ap­plicable sections of the Internal Reve­nue Code of 1954, Treasury regulations, and cross-references to the Internal Revenue Code of 1939. The availability of exemptions from these taxes is cov­ered in Subpart B of this part. Atten­tion is directed to the fact that the scope and rates of these taxes, as set forth in this subpart, are subject to change from time to time fay amend­ments to the Internal Revenue Code and Treasury regulations.

§11.101 Retailer’s excise taxes . Chapter 31 of the Internal Revenue Code (which supersedes Chs. 9A, 19 and 20,I. R. C. 1939), as implemented by Treas­ury Regulations 51 and 119, imposes retailers’ excise taxes upon various types of supplies, enumerated in §§ 11.101-1 toI I . 101-5, sold at retail. The tax is not imposed on sales for resale. The sale of taxable supplies to the Government for use or consumption is a taxable re­tail sale. In general, the tax attaches at the time title passes from the seller and is based on the sales price. A lease of supplies is treated as a sale for the purpose of these taxes, in which event the tax is measured by the rental pay­ments. The sale (or rental) price:

(a ) Excludes the retailers excise tax itself, whether or not separately stated

(b ) Excludes, if separately stated, any retail sales tax imposed by any State, Territory, or political subdivision there­of, or the District of Columbia, irrespec­tive of whether liability for such tax is imposed on the vendor or vendee;

(c ) Includes any charges for packag­ing or packaging materials; and

($ ) Excludes all other service charges such as for transportation, delivery, in­surance, and installation.I f after the tax has been paid, the sale price is adjusted for any reason, such as by discount, rebate, allowance, or return of containers, the tax should be adjusted by credit or refund.

§ 11.101-1 Jewelry and related items. A tax of 10 percent of the sale price is imposed upon the following supplies sold at retail: A ll articles commonly or com­mercially known as jewelry, whether real or imitation; pearls, precious and semiprecious stones, and imitations thereof; articles made of, ornamented, mounted, or fitted with precious metals or imitations thereof; watches, clocks, cases and movements for watches and clocks, which includes all time measur­ing devices except watches designed especially for use by the blind; gold, goldplated, silver, or sterling flatware or hollow ware and silver-plated hollow ware (which excludes silver-plated flat- ware) ; opera glasses; lorgnettes; and marine glasses, field glasses, binoculars and similar instruments, except those which, because of their size or weight, are ordinarily mounted on tripods or other bases. The tax does not apply to any articles used for religious pur­poses; to surgical and dental instru­ments; to frames or mountings for eye­glasses; to fountain pens, mechanical pencils, or smokers’ pipes if the only parts of such articles which consist oi precious metals are essential parts not used for ornamentation; or to buttons, insignia, and any other devices pre­scribed for use with the uniforms of the Armed forces. I f the manufacturers excise tax has been imposed on a pen. mechanical pencil, or cigarette lighter, which is further processed so as to make it subject to the retailers’ excise tax on jewelry, the retailer, in computing the retailers’ excise tax due on the sale, is entitled to a credit or refund in the amount of the manufacturers’ excise tax paid on the article.

FEDERAL REGISTER 3221Wednesday, May 16, 1956

§ 11.101-2 Furs. A tax of 10 percent of the sales price is imposed upon the following supplies sold at retail: Articles made of fur on the hide or pelt, and articles of which such fur is the com­ponent of chief value— that is, its value is more than three times that of the next most valuable component. The tax is not imposed upon the sale of raw fur. If fur on the hide or pelt is supplied to a dresser or dyer of fur skins or a manu­facturer or repairer of fur articles, who produces a taxable article for the use of the supplier of the fur, the transaction is deemed to be a sale at retail and is subject to the tax.

§ 11.101-3 Toilet preparations. A tax of 10 percent of the sales price is im­posed upon the following supplies sold at retail: Perfume, essences, extracts, toilet waters, cosmetics, petroleum jel­lies, hair oils, pomades, hair dressings, hair restoratives, hair dyes, aromatic cachous, toilet powders, and any other similar substance, article, or preparation by whatsoever name known which are used or applied, or intended to be used or applied for toilet purposes, but not including any article intended to be used or applied only in the care of babies.

§ 11.101-4 Luggage and handbags. A tax of 10 percent of the sales price is imposed upon the following supplies (including fittings or accessories sold therewith) sold at retail: Trunks; va­lises, traveling bags; suitcases; satchels; overnight bags; hat boxes for use by travelers; beach and bathing suit bags; brief cases made of leather or imitation leather; salesmen’s sample and display cases; purses, handbags, pocketbooks; wallets; billfolds; card, pass, and key cases; toilet cases; and any other cases, bags, and kits, without regard to size, shape, construction, or material, for use in carrying toilet articles or wearing apparel.

§ 11.101-5 Special fuels. <a) A tax of 2 cents per gallon through M arch 31, 1956, and iy2 cents per gallon there­after, is imposed upon certain fuels, other than those taxable as gasoline under section 4081 of the Internal Reve­nue Code (see § 11.102-3) as follows: -

(1) Diesel fuel— any liquid—(i) Sold by any person to an owner,

lessee, or other operator of a diesel- powered highway vehicle, for use as a fuel in such vehicle, or

(ii) Used by any person as a fuel in a diesel-powered highway vehicle un - jC® there was a taxable sale of such liquid under subdivision (i) of this sub-paragraph; and

(2) Special motor fuels—-benzol» ben- ttne> naphtha, liquid petroleum gas or any other liquid (other than kerosene, 8as oil, fuel oil, or a product taxable under subparagraph (1 ) of this para­graph—

(i) Sold by any person to an owner, essee, or other operator of a motor »elude, motorboat, or airplane for use r® a fuel for the propulsion of such motor vehicle, motorboat, or airplane; or

(ii) Used by any person as a fuel for *ne propulsion of a motor vehicle, motorboat, or airplane unless there was

taxable sale of such liquid under sub­division (i) of this subparagraph.

(b ) I f fuel upon which this tax has been paid is not used as a fuel in a diesel- powered highway vehicle or to propel a motor vehicle, motorboat, or airplane, the retailer is entitled to a credit or re­fund for the tax paid, if such retailer has not included the tax in the sales price or otherwise collected the tax from the purchaser, has repaid the tax to the purchaser, or has the purchaser’s writ­ten consent to take the credit or refund. W hen it is economically advantageous to do so, this credit or refund shall be util­ized in accordance with Departmental procedures.

(c ) I f the manufacturers’ excise tax on gasoline (see § 11.102-3) has been paid on any material used in the pro­duction of a special motor fuel taxable under paragraph (a ) (2) of this section, the manuf|icturer of the gasoline is en­titled to a refund or credit of such tax, subject to the conditions stated in para­graph (b ) of this section. The contract price for special motor fuels purchased by any Department shall not include an amount for any manfacturers’ excise tax on gasoline that was used in the pro­duction of the special motor fuel.

§ 11.102 Manufacturers? excise taxes.- Chapter 32 of the Internal Revenue Code (which supersedes Ch. 29 ,1. R. C. 1939) as implemented by Treasury Regulations 44 and 46, imposes manufacturers’ excise taxes upon various type» of supplies, enumerated in §§ 11.102-1 to 11.102-14, sold by a manufacturer, producer, or importer. In general, the tax attaches at the time title passes from the manu­facturer and is based on the sale price. A lease of supplies is treated as a sale for the purpose of these taxes, in which event the tax is measured by the rental payments even though such payments exceed the price or fa ir value of the supply (with the exception of a special rule which applies to the rental of trailers suitable for use with passenger automobiles, permitted by section 4216(d ), I. R. C .). The sale (or rental) price excludes the ta x itself and all service charges connected with the sale, such as transportation, delivery, insur­ance, or installation charges, except charges for packaging and packaging materials, which are included. I f after the tax has been paid, the sale price is adjusted for any reason, such as by dis­count, rebate, allowance, or return of containers, the tax shall be adjusted by credit or refund, except where the ad­ministrative cost would make tax adjust­ment uneconomical. Supplies subject to the retailers’ excise tax on jewelry (see § 11,101-1) are not subject to the manufacturers’ excise taxes.

§ 11.102-1 Motor vehicles, (a ) A tax at the indicated rates is imposed upon the following supplies (including parts and accessories sold therewith) sold by a manufacturer, producer, or importer:

(1) Chassis and bodies of trucks, buses, truck and bus trailers and semi­trailers, and tractors of the kind chiefly used for highway transportation in com­bination with a trailer or semitrailer— 8 percent through M arch 31, 1956, and 5 percent thereafter; except that this tax does not apply to equipment de­signed for off-the-road use, such as self- propelled construction equipment and

equipment designed lo r use at mines, factories, railroad stations, and farms:

(2) Chassis and bodies of automo­biles, and trailers (other than house trailers) suitable for use with passenger automobiles— 10 percent through M arch 31, 1956, and 7 percent thereafter; and

(3) Parts or accessories, which are defined to include any article—

(i) The primary use of which is to improve, repair, replace, or serve as a component part of a motor vehicle;

(ii) Designed to be attached to or used in connection with a motor vehicle or to add to its utility or ornamentation; or

(iii) The primary use of which is in connection with a motor vehicle whether or not essential to its operation or use.Spark plugs, storage batteries, leaf springs, coils, timers, and tire chains, which are suitable for use on or in con­nection with, or as component parts of, a taxable motor vehicle are treated as parts or accessories whether or not pri­marily adapted for such use. The tax on parts or accessories does not apply to any article sold for use (or- for a single resale for use) as material in the manu­facture of, or as a component part of, any article, whether or not such article is subject to a manufacturers’ excise tax. If, after August 31, 1955, a manufac­turer uses a tax-paid part or accessory as material in the manufacture of, or as a component part of, any article, such manufacturer is entitled to a credit or refund of the tax paid on the part or accessory. The contract price of sup­plies purchased by any Department shall not include an amount for the manufac­turers’ excise tax on automobile parts or accessories purchased for use, or after August 31,1955, used in the manufacture of any article.

(b ) The tax on automotive parts or accessories does not apply to tires, inner tubes, and automobile radio and tele­vision receivers. I f a manufacturer of motor vehicles sells these articles in connection with the sale of a taxable motor vehicle, he may take a credit against the motor vehicle tax in the amount of the motor vehicle tax rate applied to his purchase price of the tires, inner tubes, and automobile radio and television receivers. The contract price for supplies purchased by any Depart­ment shall not include an amount for the manufacturers’ excise tax on motor vehicles or automotive parts or acces­sories to the extent that these credits are available.

§ 11.102-2 Tires and tubes, (a ) A tax at the indicated rates is imposed upon the following supplies, made wholly or in part of rubber, including synthetic and substitute rubber, sold by a manu­facturer, producer, or importer:

(1) Tires, which include pneumatic and solid tires, casings, hoops, strips and bands of all kinds, which are designed to fit the wheel on any type of vehicle that is capable of transporting a person or burden— 5 cents a pound on total weight, excluding metal rims or rim bases, but including any other material or fasten­ing device that forms a part of the tire: except that the tax does not apply to tires which are more than 20 inches in diameter and not more than 1% inches in cross-section, if such tires are of a ll-

3222

rubber construction without fabric or metal reinforcement, nor does it apply to tires of extruded tiring with an internal wire fastening agent; and

(2 ) Inner tubes, which include any type of air container for pneumatic tires— 9 cents a pound on total weight, including air valves and stems.

(b ) The exemption for sales for fur­ther manufacture does not apply to tax­able tires and tubes. However, if tax - paid tires and tubes are sold in connec­tion with the sale by a manufacturer of a taxable motor vehicle, a credit against the tax on the motor vehicle is allowed to the extent of the motor vehicle tax rate applied to the manufacturer’s pur­chase price on the tires and tubes (see § 11.102-1 0 » ) ,

§ 11.102-3 Gasoline. A tax of 2 cents per gallon through March 31, 1956, and l x/2 cents per gallon thereafter, is im­posed on gasoline sold by a producer or importer. Gasoline means all products commonly or commercially known as gasoline, including casinghead and nat­ural gasoline, but excluding kerosene gas oil, or fuel oil, and also excluding any product taxable as a special motor fuel under section 4041 of the Internal Reve­nue Code (see § 11.101-5). The tax does not apply to the sale of gasoline to a pro­ducer, which is defined to include a re­finer, compounder, blender, or dealer who sells gasoline exclusively to produc­ers of gasoline. ^

§ 11.102-4 Lubricating oils, (a ) A tax at the indicated rates is imposed upon the following classes of lubricating oils sold, other than to another manu­facturer or producer for resale, by a manufacturer or producer (but not upon oil sold by an importer) r

(1) Cutting oils, which means oils sold for use in cutting and machining opera­tions, including forging, drawings, roll­ing, shearing, punching, and stamping on metals— 3 cents per gallon; and

(2 ) Other lubricating oils, which means all oils, regardless of origin, which are sold as lubricating oil or are suitable for use as a lubricant, not including products commonly known as grease— 6 cents per gallon. Certain products, other than those commonly known as grease, are not considered to be lubricat­ing oils, and accordingly are not subject to the tax. These include petrolatum, and fatty oils of vegetable, animal, fish, and marine origin which in their nat­ural state are not sold as lubricating oils.

(b ) An exemption is available for lubricating oils sold by a manufacturer directly to a purchaser who uses the oil for nonlubricating purposes. In apply­ing this exemption, oils can be grouped into two classes;

(1 ) Oils which are exempted if the manufacturer obtains an exemption certificate from the purchaser in the form prescribed by the Treasury regula­tions; and

(2) Oils which are exempted without an exemption certificate. Oils of the second class include crude neatsfoot oil; electrical transformer insulating oil; white oil; and lubricating oils which are packaged in sealed containers of one gal­lon or less, labeled and sold for non­lubricating purposes. W ith the excep­tion of oils which are packaged in sealed

RULES AND REGULATIONScontainers of one gallon or less, labeled and sold for nonlubricating purposes, oils of neither class may be sold tax-free to dealers for resale even though it is known that the oil will be used for non­lubricating purposes. If, however, oil upon which a tax has been paid is used for nonlubricating purposes, the manu­facturer is entitled to a credit or refund, irrespective of whether the oil was sold directly to the consumer by the manu­facturer or was, sold through a dealer. A credit or refund is also allowed when a lubricating oil upon which the 6-cent per gallon tax has been paid is used as a cutting oil taxable at 3 cents per gallon. W hen it is economically advantageous to do so, the exemption, credit, or refund for oil sold for use or used for nonlubri­cating purposes, and the credit or refund for lubricating oil used as cutting oil shall be utilized in accordance with De­partmental procedures.

§ 11.102-5 Refrigeration equipment. A tax at the indicated rates is imposed upon the following supplies (including parts or accessories sold therewith) sold by a manufacturer, producer, or im­porter;

(a ) Household type refrigerators, which include units not exceeding 14 cubic feet net storage space for single or multiple cabinet installations having, or designed for use with, a mechanical re­frigerating unit operated by electricity, gas, kerosene, or gasoline; household type units for the quick freezing' or frozen storage of foods operated by elec­tricity, gas, kerosene, or gasoline— 10 percent;

(b ) Refrigerator components, which means cabinets, compressors, conden- sors, condensing units, evaporators, ex­pansion units, absorbers, and controls for, or suitable for use as parts of or with, taxable household type refrigerators or quick freeze units, except when sold as a component part or accessory with the sale of complete refrigerators, refrigerat­ing or cooling apparatus, or quick freeze units— 5 percent. Exemption from the tax is available on the sale of a refrigera­tor component for use (or for a single re­sale for use) as material, in the manufacture of, or as a component part of, any article, whether or not such article is subject to a manufacturers’ ex­cise tax. If, after August 31, 1955, a manufacturer uses a tax-paid refrigera­tor component in the manufacture of, or as a component part of, any article, such manufacturer is entitled to a credit or refund of the tax paid on the refrigerator component. The contract price for sup­plies purchased by any Department shall not include an amount for the manufac­turers’ excise tax on refrigerator com­ponents purchased for use, or after August 31,1955, used in the manufacture of any article; and

(c ) Self-contained air-conditioning units— 10 percent.

§ 11.102-6 Electric, gas, and oil appli­ances. A tax of 5 percent is imposed upon the following household supplies (including parts or accessories sold therewith), whether or not used domes­tically, sold by a manufacturer, producer, or importer: Electric, gas, or oil water heaters; electric, gas, and oil appliances of the type used for cooking, warming, or

keeping warm food or beverages for con­sumption on the premises; electric flat­irons, air heaters (not including fur­naces), immersion heaters, blankets, sheets and spreads, mixers, whippers, and juicers, belt-driven fans, exhaust blowers, door chimes, dehumidifiers, dishwashers, floor polishers and waxers) food choppers and grinders, hedge trim­mers, ice cream freezers, mangles, pants pressers, and garbage disposal units; electric and gas clothes driers; and power lawn mowers. The tax is also imposed upon electric direct motor driven fans and air circulators not of the industrial type.

§11.102-7 Electric light bulbs. A tax of 10 percent is imposed upon electric light bulbs and tubes, not subject to any other manufacturers’ exercise tax, sold by a manufacturer, producer, or importer.

§ 11.102-8 Radio and television re- ceiving sets, phonographs and records, musical instruments. A tax of 10 per­cent is imposed upon the following sup­plies (including, except as to musical instruments, parts or accessories sold therewith) sold by a manufacturer, pro­ducer, or importer:

(a ) Radio and television receiving sets, automobile radio and television receiv­ing sets, phonographs, and combinations of any of the foregoing, if such articles are of the entertainment type. The contract price of any of these supplies, not of the entertainment type, delivered to any Department after August 31, 1955, shall not include any amount for the manufacturers’ excise tax, irrespec­tive of the date of the contract, if the contract price is subject to adjustment for changes in the contractor’s Federal excise tax burden. The exemption for sales to manufacturers does not apply to automobile radio and television receiv­ers; however, if tax-paid receivers are sold in connection with the sale by a manufacturer of a taxable motor ve­hicle, a credit against the tax on the motor vehicle is allowed to the extent of the motor vehicle tax rate applied to the manufacturer’s purchase price on the receiver (see § 11.102-1 ( b ) ; and

(b ) Radio and television components, which means chassis, cabinets, tubes, speakers, amplifiers, power supply units, antennae of the built-in type, and pho­nograph mechanisms, which are suita­ble for use on or in connection with, or as a component part of any taxable radio and television receiver or phonograph; and phonograph records. The tax on radio and television components and phonograph records applies irrespective of whether or not they are of an enter­tainment type. Exemption from the tax is available as to components-—

(1) S o ld for use as material in the manufacture of, or as a component of, an article subject to a manufacturers excise tax; or

(2) Sold for use or actually used after August 31,1955, as material in the manu­facture of, or as a component part of> an7 article, whether or not such article is subject to a manufacturers’ excise tax.A manufacturer using a tax-paid com­ponent within the scope of any of tb® above exemptions, is entitled to a credi

FEDERAL REGISTER 3223Wednesday, May 16, 1956

or refund of the tax paid on the com* ponent. The contract price for supplies purchased by any Department shall not include an amount for the manufac­turers’ excise tax on radio and television components from which any of these ex­emptions, credits, or refunds are avail­able to the manufacturer.

§ 11.102-9 Sporting goods. A tax of 10 percent is imposed upon certain types of sporting equipment (including parts or accessories sold therewith) sold by a manufacturer, producer, or importer.

§ 11.102-10 Photographic' equipment. A tax at the indicated rates is imposed upon the following supplies (including parts or accessories sold therewith) sold by a manufacturer, producer, or im ­porter:

(a) Cameras, not including X -ray cameras or cameras weighing more than four pounds exclusive of lens and ac­cessories— 10 percent;

(b) Camera lenses, not including still camera lenses having a focal length of more than 120 millimeters or motion pic­ture camera lenses having a focal length of more than 30 millimeters— 10 percent. Exemption from the tax is available as to camera lenses—

(1) Sold for use as material in the manufacture of, or as a component part of, an article subject to a manufacturers’ excise tax; or

(2) Sold for use or actually used after August 31,1955, as material in the manu­facture of, or 'as a component part of any article, whether or not such article is subject to a manufacturer’s excise tax.

A manufacturer, using a tax-paid camera lens within the scope of any of the above exemptions, is entitled to a credit or refund of any tax paid on the lens. The contract price for supplies purchased by any Department shall not include amounts for the manufacturers’ excise tax on camera lenses from which any of these exemptions, credits, or re­funds are available to the manufacturer;

(c) unexposed photographic film in rolls, including motion picture film— 10 percent. This tax does not apply to X - ray film; unperforated microfilm; film more than 150 feet in length; or film more than 25 feet in length and more than 30 millimeters in width. A person who acquires unexposed film in a form not subject to tax and thereafter sells such unexposed film in form and dimen­sions subject to tax is treated as a manu­facturer of the film so sold by him. The manufacturer of unexposed, motion pic­ture films is entitled to a credit or re­fund (but not an exemption) for film used or resold for use in making news­reel motion picture films covering cur­rent news events for immediate release for public exhibition; and

(d) electric motion or still picture pro­jectors of the household type— 5 per­cent.

§ 11.102-11 Firearms, shells, and car- hdpes. Although a tax is imposed upon

pistols and revolvers at the rate of 10 Percent, and other firearms, shells, and cartridges at the rate of 11 percent, sold y a manufacturer, producer, or im -

P°rter, it does not attach to the sale or

transfer to such articles purchased with funds appropriated for the Military De­partments. In addition to this manu­facturers’ excise tax, Chapter 53A of the Internal Revenue Code (which super­sedes Ch. 25, I. R. C. 1939) imposes a transfer tax and a tax on the manufac­ture of machine guns and certain other firearms; except that transfer to, or manufacture for, the United States is specifically exempted from these taxes.

§11.102-12 Business machines. A tax of 10 percent is imposed upon a wide vari­ety of business machines (including parts or accessories sold therewith), not in­cluding cash registers of the type used in registering over-the-counter retail sales, sold by a manufacturer, producer, or im­porter.

§ 11.102-13 Pens, mechanical pencils, and lighters. A tax of 10 percent is imposed upon fountain and ball point pens, mechanical pencils, and mechani­cal lighters for cigarettes, cigars, and pipes, sold by a manufacturer, producer, or importer; except that this tax does not apply if the article also is subject to the retailers’ excise tax on jewelry im­posed by section 4001 of the Internal Revenue Code. I f the manufacturers’ excise tax has been paid, but the article is further processed so as to subject it to the retailers’ excise tax, the retailer (but not the manufacturer who originally paid the tax) is entitled to a credit to the extent of the manufacturers’ excise tax paid on the article. (See § 11.101-1)*

§11.102-14 Matches. A tax of 2 cents per 1,000, not to exceed 10 percent of the price for which sold, is imposed upon matches sold by a manufacturer, pro­ducer, or importer, except that the rate is bVz cents per 1,000 for fancy wooden matches or matches having a stained, dyed, or colored stick or stem, whether packed in boxes or in bulk.

§ 11.103 Excise taxes on facilities and services. Chapter 33 of the Internal Revenue Code (which supersedes Ch. 30,I. R. G. 1939), implemented by Treasury Regulations 42 and 113, imposes excise taxes on certain facilities and services, including communications, and trans­portation of persons, property, and oil by pipeline. In general, the tax is based on the amount paid for the service, and is imposed upon the person paying for the service, except that the tax on the transportation of oil by pipeline is im­posed on the person supplying the trans­portation.

§ 11.103-1 Communications. A tax is imposed on amounts paid for the follow­ing facilities and services at the rates hereinafter indicated; except that only one payment of tax is required on long distance telephone or telegraph service, notwithstanding that lines or stations of more than one person are used in the transmission:

(a ) Local telephone service, which means any telephone service not other­wise taxable, excluding amounts paid for the installation of instruments, wires, poles, switchboards, apparatus, and equipment— 10 percent;

(b ) Long distance telephone service, which means any telephone or radio

telephone message or conversation for which the toll charge exceeds 24 cents and for which the charge is paid within the United States— 10 percent.

(c ) Telegraph service, which means a telegraph, cable, or radio dispatch or message for which the charge is paid within the United States— 10 percent;

(d ) Leased wire, teletypewriter or talking circuit special service, not in­cluding any service used exclusively in rendering a service taxable as wire and equipment service under paragraph (e ) of this section— 10 percent. This tax applies irrespective of whether the wires or services are within a local exchange area; and

(e ) W ire and equipment service, which includes stock quotation and information services, burglar or fire alarm services, and all other similar services— 8 percent. This tax applies irrespective of whether the wires or services are within a local exchange area.

§ 11.103-2 Transportation of persons.(a ) A tax of 10 percent is imposed upon amounts paid for the transportation of persons by rail, motor vehicle, water, or air, including charges for seating or sleeping accommodations in connection with such transportation, as follows:

(1) On amounts paid within the United States for transportation within or without the United States; and

(2) On amounts paid outside the United States for transportation which begins and ends in the United States. The tax does not apply to transportation any part of which is outside the northern portion of the Western Hemisphere, ex­cept as to that part of such transporta­tion that is from one port or station in the United States, Canada (not including Newfoundland), or Mexico to another port or station within the United States, Canada (not including Newfoundland), or Mexico.

(b ) The tax does not apply to—(1) Any separable and itemized

charges other than those for transporta­tion of a person, such as for an automo­bile, baggage, meals, hotel accommoda­tions, insurance, and the like;

(2) Charges incident to the charter of a conveyance for the transportation of persons, such as for parking, icing, sani­tation, layover, movement of equipment in deadhead service, dockage, and the like; or

(3) Charges for transportation by motor vehicles having a seating capacity pf less than 10 persons and not operated on an established line.

§ 11.103-3 Transportation of prop­erty. (a ) A tax of 3 percent (4 cents per short ton on coal, including lignite, coal dust, coke briquettes) is imposed upon amounts paid to a person engaged in the business of transporting property for hire by rail, motor vehicle, water, or air. The tax applies to—

(1) Amounts paid within or without the United States for transportation from one point in the United States to another; and

(2) Amounts paid within the United States for that portion within the United States of transportation from a point outside to a point within the United States.

3224 RULES AND REGULATIONS(b ) The tax does not apply to the

transportation of property in the course of exportation or shipment to a posses­sion of the united States (see § 11.201), nor to an uninterrupted shipment mov­ing through the United States from one foreign point to another. I f any such shipment is interrupted in the United States for any purpose of the shipper rather than a fault of transportation, it is treated as two shipments, one to and the other from the point of interruption, of which the former may be taxable in whole or in part according to the rules stated above. I f the tax is expressly ex­cluded from the contract (or subcon­tract) price and an exemption certificate prescribed by the Treasury Regulations is filed with the carrier, the tax is inap­plicable to shipments for export under a commercial bill of lading consigned to an officer of a Military Department at a port of exportation. W hen it is economi­cally advantageous to do so, this exemp­tion shall be utilized in accordance with Departmental procedures.

(c ) For the taxability of exported domestic shipments under a Government bill of lading, see § 11.202 (c ).

(d ) The amount subject to tax includes—

(1) Any charges for services incident to the transportation movement, such as loading, unloading, blocking, staking, elevation, transfer in transit, ventilation, refrigeration, icing, storage, demurrage, lighterage, trimming of cargo in vessels, wharfage, and handling, feeding, and watering of livestock; and

(2) Separate and itemized charges for baggage transported in connection with the transportation of persons, including incidental charges for excess weight or value, storage, transfer, special delivery, and the like.

The tax applies to all forms of transpor­tation, local or otherwise, including drayage, towing, ferrying, and switching; however, it does not apply to the trans­portation of earth, rock, or other mate­rial excavated within the boundaries of, and in the course of, a construction proj­ect and transported to any place within, or adjacent to, the boundaries of such project, nor does it apply to the trans­portation of coal from the mine to a preparation plant. No amount paid for the transportion of property is subject to tax if and to the extent that a tax on such transportation previously has been paid. An amount paid for the transportation of coal, coke, or briquettes is not taxable if there has been a previ­ous taxable transportation o f the coal or coal dust from which the coke or bri­quettes were made.

§ 11.103-4 Transportation of oil "by pipeline. A tax of 4 ^ percent is im­posed upon the amount paid for the transportation by pipeline of crude pe­troleum and liquid products thereof. In contrast with the other excise taxes on facilities and services, the legal inci­dence of this tax is upon the person fur­nishing such transportation. I f no charge is made for the transportation, or if the charge made is less than a fair charge (unless such charge results from an arm ’s length transaction), the tax is based on the fair charge for such trans­portation.

§ 11.104 Selective list of supplies and services subject to Federal excise taxes.

v Supplies and services I. R. C. 1954 (26 U.-6. Code) I. R. C., 1939 Treasury

regulationSection in this sub- chapter

Air conditioning equipment_____ __________________Section

4111Section

3405 (c) 4646465146464244

1194646

46.47 51 44 61 51 44 51 46 46 46 46 46

46.47 46

4646

119464246614242

11351

11.102- 511.102- 6 11.102-1 11.101-1 11.102-1211.102- 1311.103- 1 11.102-411.101- 511.102- 711.102- 10 11.102-11 11.101-2 11.102-311.101- 411.101- 1 11.102-411.101- 411.102- 1 11.102-811.102- 1311.102- 8 11.102-10 11.102-11 11.102-8

11.102- 511.102- 1111.101- 511.102- 911.103- 1 11.102-211.101- 311.103- 411.103- 211.103- 311.101- 1

Appliances, electric, gas, and oil____________________ 4121... 3406 fal f3>Automotive accessories________________ -______ -____ 4061 (b) 3403 (oS 'Binoculars, field and marine glasses___________ ____ 4001 " ' -...... . 2400Business machines__________________________ 4191 .. 3406 (a) (6)Cigarette lighters..________________ ______________ 4201 .. 3408Communication services and facilities__________ ___ 4251 3465Cutting oils_______________________________ _ 4091 3413Diesel fuel_________________________________ 4041 (a) 2450 (artElectric light bulbs__________ :_____________________ 4131 3406 (aÎ (10)Film____ _____________ _______________ _ . 4171 3406 (a) (4)Firearms, shells, and cartridges.......... ................. 4181 3407, 2700Furs............................................ ..................... 4011 2401Gasoline_____________________________ . 4081 3412Handbags________________________ _______ 4031 1651 (a)Jewelry and related items__________ _______ _____ 4001 ...... 2400Lubricating oils_______________________________ 4091 3413Luggage and handbags____ ________________________ 4031... 1651 (a)Motor vehicles and accessories_____________________ 4061............... 3403Musical instruments.____ ________________________ 4151 .. 3404Pens, mechanical pencils, and lighters..___________ 4201 3408Phonographs and records____________ __________ 4141 .. 3404Photographic equipment.. .. 4171 .. 3406 {a) (4>Pistols and revolvers.................... ........ ....... 4181 .. 2700Radio and television receiving sets, parts and com­

ponents.Refrieeration equipment. _ ..

4141......... . 3404

4111...... 3405Shells and cartridges...____________________________ 4181 3407Special fuels____________________________ __________ 4041 . 2450Sporting goods.............................................. ........ 4161 3406 (a) (4)Telephone and telegraph services __ . 4251...... 3465Tires and tubes___________________________________ 4071 ... 3400Toilet preparations _ ............ . 4021 .. 2402 (a)Transportation of oil by pipeline ......... 4281........ 3460Transportation of persons . ........... 4261...... 3469Transportation of property______________________ 4271........... 3475 -W atches, clocks arid other timepieces '. 4001 2400

SUBPART B— EXEMPTIONS FROM FEDERAL EXCISE TAXES

Sec.11.200 Scope of subpart.11.201 Supplies for exportation or ship­

ment to a possession.11.201- 1 Retailers’ excise taxes.11.201- 2 Manufacturers’ excise taxes.11.202 Supplies and services for the ex­

clusive use of the United States.11.203 Supplies sold for further manufac­

ture; 111.204 Supplies for vessels and airplanes.11.205 Other exemptions.11.206 Tax exemption forms.

Authority: §§ 11.200 to 11.206 issued un­der sec. 1, 54 Stat. 712, as amended, sec. 201, 55 Stat. 839, 62 Stat. 20, sec. 638, 66 Stat. 537; 50 U. S. C. App. 1171, 611, 41 U. S. C. 151-162, E. O. 9001, 6 P. R. 6787, E. O. 9296, 8 P. R. 1429; 3 CFR, 1943 Cum. Supp.

§ 11.200 Scope of subpart. This sub- part sets forth the applicability and scope of general exemptions, credits, and refunds from the Federal excise taxes outlined in Subpart A of this part, and the policy .governing when such exemp­tions, credits, and refunds are to be claimed. Particular exemptions re­stricted to a single tax are set forth in Subpart A of this part in the discussion of each tax.

§ 11.201 Supplies for exportation or shipment to a possession. Exemption is available from the retailers’ and manu­facturers’ excise taxes on sales of sup­plies for export, or for shipment to a pos­session of the United States (which ex­cludes the Territories of Alaska and Hawaii, but includes the Commonwealth of Puerto Rico, Panama Canal Zone, V ir­gin Islands, Guam, American Samoa, W ake Island, and Midway Islands). A l­though not based on an exemption but upon the limited scope of the tax, the transportation tax on property is not im­posed on shipments for export or to a possession of the United States (see1 11.103-3).

§ 11.201-1 Retailers’ excise taxes. Pursuant to section 4056 of the Internal Revenue Code (which supersedes sec. 2406,1. R. C. 1939) and applicable Treas­ury regulations, exemption is available from the retailers’ excise taxes on sales of supplies for export, or for shipment to a possession of the United States. This ex­emption shall be obtained only when—

(a ) The purchase is substantial;(b ) Exportation or shipment to a

possession is intended to follow not more than 6 months after title passes to the Government; and

(c ) In accordance with Departmental procedures.This exemption shall be obtained by purchasing on a tax-exclusive basis and furnishing the required proof of expor­tation or shipment to a possession.

§11.201-2 Manufacturers’ e x c i s etaxes. Pursuant to section 4225 of the Internal Revenue Code (which super­sedes secs. 3449 and 2705,1. R. C. 1939) and applicable Treasury regulations, ex­emption is available from the manufac­turers’ excise taxes on sales of supplies for export, or for shipment to a possession of the United States. This exemption shall be obtained only when—

(a ) The purchase is substantial;(b ) Exportation or shipment to a pos­

session is intended to follow not more than 6 months after title passes to the Government; and

(c ) In accordance with Departmental procedures.This exemption is limited to sales by a manufacturer, and is not applicable to sales for export or shipment to a posses­sion from the stock of a person who was not the manufacturer, producer, or im­porter. This exemption shall be obtained by procurement on a tax-exclusive basis and furnishing the required proof of exportation or shipment to a possession*

FEDERAL REGISTER 3225Wednesday, May 16, 1956

§ 11.202 Supplies and services for the exclusive use of the United States. By virtue of action taken by the Secretary of the Treasury, pursuant to section 4293 of the Internal Revenue Code, exemption is available, and shall be obtained from the following Federal excise taxes to the extent indicated:

(a) Tax on communication services and facilities (see § 11.103-1) furnished directly to the United States (as distin­guished from being furnished to a Gov­ernment contractor) and paid for di­rectly by the Government, which exemption is obtained without any ex­emption certificate;

(b) Tax on transportation of persons (see § 11.103-2) for transportation fu r­nished the United States upon a Govern­ment transportation request, which ex­emption is obtainable by use of such transportation request; and

(c) Tax on transportation of prop­erty (see § 11.103-3) for transportation to or from the Government on a Govern­ment bill of lading, which exemption is obtainable by use of such bill of lading. This exemption applies to shipments on commercial bills of lading which are con­verted to Government bills of lading at destination.

§ 11.203 Supplies sold -for further manufacture, (a ) Pursuant to section 4220 of the Internal Revenue Code (which supersedes sec. 3442, I. R. C. 1939) and applicable Treasury regula­tions, supplies (other than tires, inner tubes, and automobile radios and televi­sion receivers) are exempt from manu­facturers’ excise taxes if sold for use by the vendee in the manufacture of, or as a component part of, another article; or for resale by the vendee for such further manufacture by his vendee, if the article is resold in due course. In applying this exemption, there are two classes of supplies:

(1) Automobile parts or accessories, refrigerator components, radio or tele­vision components, and camera lenses, the sale of which is exempt irrespective of whether or not the article to be manu­factured is subject to a manufacturers’ excise tax. The manufacturer is en­titled to a credit or refund for the amount of the tax paid on such parts, acces­sories, components, or lenses if this ex­emption has not been utilized and if such Parts, accessories, components, or lenses opon which a manufacturers’ excise tax has been paid, are used in the manufac­ture of, or as a component part of, any article (whether or not taxab le ); and

(2) AU other articles (other than tires, h^er tubes, automobile radio and tele­vision receivers) subject to a manufac­turers’ excise tax, the sale of which is exempt only if the article to be manufac­tured is subject to a manufacturers’ ex­cise tax. The manufacturer is entitled to a credit or refund of the amount of tax Paid on any such article used for furthermanufacture if this exemption has not been utilized and if such article, upon jvhich a manufacturers’ excise tax has been paid, is used in the manufacture of, 0r as a component of, another article upon which a manufacturers’ excise tax 18 subsequently paid, or which subse­quently i§ sold tax-free as a sale for fur­

ther manufacture pursuant to section 4220 of the Internal Revenue Code.

(b ) These exemptions, credits, and re­funds under paragraph (a ) (1) and (2) of this section are obtainable by the manufacturer without any action by the Contracting Officer. The contract price for supplies purchased by any Depart­ment shall not include an amount for any manufacturers’ excise tax from which these exemptions, credits, or re­funds are available.

§ 11.204 Supplies for vessels and air­planes. Pursuant to section 4222 of the Internal Revenue Code (which super­sedes secs. 3451 and 2456, I. R. C. 1939) and applicable Treasury regulations, ex­emption is available from the manufac­turers’ excise taxes, and from the re­tailers’ excise tax on special motor fuels imposed by section 4041 (b ) of the In ­ternal Revenue Code (see § 11.101-5) on sales of supplies for use as sea stores, fuel supplies, ships’ stores, or legitimate equipment necessary for the navigation, propulsion, and upkeep of vessels of war or military aircraft, including guided missiles and pilotless aircraft, owned or chartered by the United States. I f sup­plies upon which a tax has been paid are sold for any of the exempt uses enumerated above, the manufacturer is entitled to a credit or refund of the tax paid, irrespective of whether the sup­plies are sold directly to the consumer by the manufacturer or are sold through a dealer. W hen it is economically advan­tageous to do so, this exemption, credit, or refund shall be utilized, by purchase on a tax-exclusive basis and execution of the required exemption certificate, in accordance with Departmental proce­dures.

§ 11.205 Other exemptions. I f any Department purchases supplies or serv­ices subject to Federal excise taxes, other than those contained in Chapters 31, 32, 33B, and 33C of the Internal Revenue Code and outlined in Subpart A of this part, such Department shall prescribe rules to govern the utilization of any exemptions from such taxes.

§ 11.206 Tax e x e m p t i o n forms. Standard Government exemption forms acceptable to the Internal Revenue Serv­ice shall be used in accordance with De­partmental procedures (see § 16.804 of this subchapter).

STJBPART D----CONTRACT CLAUSESThe caption and minor changes have

been made to § 11.402 as follows;§ 11.402 Cost - reimbursement type

contracts. No specific tax clause is re­quired in any cost-reimbursement type contract. In all such contracts the prob­lem of Federal, State, and local taxes (which presents solely a question of a l­lowability of costs in connection with the performance of cost-reimbursement type contracts) is covered in the contract clause set forth in § 7.203-4 of this sub­chapter and is treated in Part 15 of this subchapter.

T . P. P ik e ,Assistant Secretary of Defense,

( Supply and Logistics) .M aw 9,1956.

[P. R. Doc. 56-3843; Piled, May 15, 1956;8:45 a. m.j

Chapter XI— National Guard andState Guard, Department of theArmy

P art 1101— N atio nal G uard R eg u latio n s

PROMOTION OF OFFICERS

Section 1101.4 is revised to read as follows;

§ 1101.4 Promotion— (a ) General.(1) The promotion of National Guard officers is the function of the proper State authorities. As in original ap­pointments, an officer promoted by State authorities to a high grade has a State status in the higher grade under which he can function. However, an officer will not be eligible for promotion as a Reserve commissioned officer . of the Army in the higher grade until he has been extended Federal recognition as provided in § 1101.3.

(2) Promotion will be based on effi­ciency, length of service in grade, demon­strated command and staff ability at the appropriate level, and will be effected only when an appropriate vacancy exists in the applicable TO E or table of organi­zation of the unit.

(3) To be eligible for promotion an officer must be in an active status.

(b ) Promotion service. “Promotion service” means the aggregate of_the fo l­lowing :

(1) Any period an officer has held or is credited with having held a permanent appointment in his current grade in the Army while in active status or on the active list of the Regular Army. Like * service in any of the other Armed Forces of the United States may also be credited provided the officer’s duty or assignment in the other Armed Force required sim­ilar qualifications to those of his present grade and branch. Such cases, however, will be referred to the Chief, National Guard Bureau, for determination. An officer may, for the purpose of this sec­tion, be credited with having held a permanent appointment in his current grade from the promotion eligibility date shown on the instrument of promotion.

(2) For an officer who was on active duty prior to September 3, 1945, any period served on active duty in the Army prior to January 1, 1949 in a temporary grade equal to or higher than his current grade. Like service in any of the Armed Forces of the United States may also be credited as indicated in subparagraph (1). of this paragraph.

(3) Any period of “constructive credit” which is in excess of the minimum years of service required for the grade in which initially appointed in a special branch.

(c ) Requirements for promotion. To be eligible for promotion, an officer must meet the requirements of both minimum years of promotion service and military education.

(1) Minimum years of promotion serv­ice. (i) Promotion may be upon comple­tion of the following years of promotion service: .

(a ) Except as provided in subdivision (ii) of this subparagraph, a second lieu­tenant may be federally recognized in the next higher grade until he has three years of promotion service. A second lieutenant must be promoted to first lieutenant by or on the date he completes^

3226

three years of promotion service, or be eliminated.

(£>) An officer, other than an adjutant general of a State, Territory, or the Dis­trict of Columbia, in a grade above sec­ond lieutenant may not be examined for Federal recognition in the next higher grade until he has the following mini­mum years Of promotion service:.

Minimum years of

promotionGrade: service

First lieutenant_____________________ 2Captain_____________________________ 4M a jo r________________ 4Lieutenant colonel_____ __________ 3Colonel _____________________________ 2Brigadier general____________________ 2

(ii) As an exception to the above, an officer in the grade of second lieu­tenant or first lieutenant who has served creditably in a position vacancy of a captain for 12 months may be examined for Federal recognition in the next high­er grade provided he is otherwise quali­fied. An officer may be promoted only once under this exception. ,

(2) Minimum educational require­ments. The following minimum educa­tional requirements will be a prerequisite for promotion above the grade of first lieutenant:

(i ) To general officer. Except for State adjutants general, the successful completion or receipt of constructive credit for either one of the regular or associate courses or the special associate course (Division) of the Command and General Staff College, or successful com­pletion of the USAR school, Command and General Staff Course (Division) , or successful completion of a course of in­struction at a higher level military serv­ice school. W aiver of this requirement may, until January 1, 1958, be recom­mended in the case of outstanding and especially qualified officers who have demonstrated their ability by the actual performance of duties in positions of general officer grade.

(ii) To colonel of a combat branch. The successful completion of an appro­priate course of the Command and Gen­eral Staff College, or a local branch thereof.

(iii) To field grades (.other than to colonel of a combat branch) . Successful completion of the regular or associate advanced course of the appropriate branch service school, at local branch thereof, or a higher school.

(iv ) To company grade. Successful completion of the regular or associate basic course of the appropriate branch service school, or a higher course.

(v ) To any grade. To any grade, ex­cept general officer, in lieu of the require­ments in subdivisions ( i i ) , (iii) and (iv) of this subparagraph.

(a ) Successful completion of the Army Extension Course applicable to the branch and new grade. _

(b ) Officers who complete, or have completed, a minimum of 1 year of active military service in grade, and whose efficiency report for that period reflects a satisfactory manner of duty perform­ance, may be considered to have met the military educational requirements for promotion to the next higher grade (up

RULES AND REGULATIONSto and including colonel) than the grade held during the period of active military service, provided that the promotion is in the same branch as that in which the active military service was performed.

(c ) A candidate for promotion in the Medical Corps, Dental Corps, Judge Ad­vocate General’s Corps, and Chaplains may be considered to have satisfied the military educational requirements for promotion to the next higher grade when the Federal recognition examining board determines that he has acquired profes­sional knowledge and experience ade­quate to the next higher grade through the pursuit of his profession in which the work performed closely parallels his pre­scribed military duties.

(d ) Evidence of having satisfactorily performed either of the following, on his branch, while on active military service:

(1 ) Performance in the higher grade, or

(2) Performance of the duties of the higher grade, while actually assigned to the higher position for a minimum of six months.

(v i) A l l promotions. Professional qualifications for the grade in which pro­moted shall be evidenced, as an added requirement, by satisfactory perform­ance of military duties in the grade from which promoted as reflected by periodic efficiency reports and recommendations of the appropriate commanders in the chain of command.

(3) Minimum ages. The minimum ages as prescribed in § 1101.3 will apply for promotion of officers.

(d ) Promotion upon release from ac­tive duty. Notwithstanding the provi­sions of paragraph (c ) of this section, an officer upon release from active duty will be eligible for promotion to the highest temporary grade in which he served sat­isfactorily on active duty.[NG R 20-3, 2 March 1956] (Sec. 118, 39 Stat. 213; 32 U. S. C. 17)

[ seal ] Jo h n A. K l e in ,Major General, U. S. Army,

The Adjutant General.[F. R. Doc. 56-3844; Filed, May 15, 1956;

8:45 a. m.]

TITLE 46— SHIPPINGChapter I— Coast Guard, Department

of the TreasurySubchapter O— Regulations Applicable to Certain

Vessels During Emergency [CGFR 56-20]

P art 154— W aivers op N avigation andV essel I n spe c t io n L a w s and R egula ­t io n s 1

VESSELS OPERATED BY PACIFIC MICRONESIAN LINES, INC.

The Secretary of Defense in a letter to the Secretary of the Treasury dated April 23, 1956, recommended a general waiver of navigation and vessel inspec­tion laws of the United States as follows:

Each year since 1951, the Secretary of De­fense has recommended waiver of the vessel inspection laws of the United States for cer­tain vessels operating in the waters of the Trust Territory. This is to recommend a

1 This is also codified as 33 CFR Part 19.

limited waiver similar to the one recom­mended last year.

In the interest of national defense it Is recommended that the provisions of the ves­sel inspection laws relating to licensed and unlicensed personnel, passengers quarters, crews quarters, life-saving equipment and the number of passengers allowed to be car­ried on freight vessels be waived for the period July 1, 1956, to June 30, 1957, for yes- sels which are or will be operated by the Pacific Micronesian Lines, Inc., for the De­partment of the Interior in Trust Territory waters.

Section 1 of the act of December 27, 1950 (64 Stat. 1120; 46 U. S. C., note pre­ceding 1), states in part as follows:

That the head of each department or agency responsible for the administration of the navigation and vessel-inspection laws is directed to waive compliance with such laws upon the request of the Secretary of Defense to the extent deemed necessary in the interest of national defense by the Secre­tary of Defense. * * *

The purpose for the„following waiver order designated § 154.35, as well as 33 CFR 19.35, is to waive the navigation and vessel inspection laws and regula­tions issued pursuant thereto which are administered by the United States Coast Guard as requested by the Secretary of Defense and to publish this waiver in the F ederal R egister . It is hereby found that compliance with the Administrative Procedure Act respecting notice of pro­posed rule making, public rule making procedure thereon, and effective date requirements thereof is impracticable and contrary to the public interest.

By virtue of the authority vested in me as Commandant, United States Coast Guard, by an order of the Acting Secre­tary of the Treasury dated January 23, 1951, identified as CGFR 51-1, and pub­lished in the F ederal R egister dated Januapr 26, 1951 (16 F. R. 731), the following waiver order is promulgated and shall be in effect to and including June 30, 1957, unless sooner terminated by proper authority, and § 154.35 is re­vised as follows:

§ 154.35 Department of the Interior vessels operated by Pacific Micronesian Lines, Inc. Pursuant to the recom­mendation of the Secretary of Defense in a letter dated April 23, 1956, made under the provisions of section 1 of the act of December 27, 1950 (64 Stat. 1120; 46 U. S. C., note prec. 1), I hereby waive in the interest of national defense com­pliance with the provisions of the navi­gation and vessel inspection laws relat­ing to licensed and unlicensed person­nel, passenger quarters, crew quarters, lifesaving equipment, and the number of passengers allowed to be carried on freight vessels, administered by the United States Coast Guard, as well as the regulations issued thereunder and pub­lished in 33 CFR Chapter I or in this chapter, to the extent necessary to per­mit the operation of vessels of the De­partment of the Interior and now oper­ated by Pacific Micronesian Lines, Inc., or other vessels which may be used as substitutes for such vessels, in the Trust Territory of the Pacific Islands, as well as between the Trust Territory of the Pa­cific Islands and all the ports of the United States, including its territories and possessions, and foreign ports. ¿This

FEDERAL REGISTER 3227Wednesday, May 16, 1956

waiver order shall be In effect from July 1, 1956, to and including June 30, 1957, unless sooner terminated by proper au­thority.(Sec. 1,64 Stat. 1120; 46 U. S. C., note prec. 1)

Dated: May 9, 1956.[seal] A. C. R ichmond,

Vice Admiral, U. S. Coast Guard,Commandant.

[P. R. Doc. 56-3868; Piled, May 15, 1956; 8:50 a. m.]

TITLE 33— NAVIGATION AND NAVIGABLE WATERS

Chapter I— Coast Guard, Department of the Treasury

Part 19— W aivers o p N avig atio n and Vessel I n spe c t io n L a w s and R egula ­tions

VESSELS OPERATED BY PACIFIC MICRONESIAN LINES, INC.

Cross R eference : For promulgation of a waiver order affecting § 19.35 Depart­ment of the Interior vessels operated by Pacific Micronesian Lines, Inc., see Title 46, Chapter I, Part 154, infra.

TITLE 47— TELECOMMUNI­CATION

Chapter I— Federal Communications Commission

[Docket No. 10624 etc.; PCC 56-439]

[Rules Arndt. 2-19.]

Part 2— F r e q u e n c y A llo c a tio n s andRadio T reaty M atters ; G eneral R u le sand R egulations

ALLOCATION OF FREQUENCIES

In the matter of amendment of Part 2 of the Commission’s rules and regula­tions concerning the allocation of fre­quencies in the bands allocated exclu­sively to the fixed service by the Atlantic City treaty (1947), Docket No. 10624; amendment of Part 2 of the Commis­sion’s rules to make the band 4995-5005 kc available only to the Standard Fre­quency Service, Docket No. 11647; amendment of § 2.104 (a ) of the Com­mission’s rules and regulations concern­ing the bands 2495-2850 kc, 3155-3400 kc and 4438-4650 kc, Docket No. 11648.

L At a session of the Federal Com­munications Commission held at its offices in Washington, D. C., on the 9th day of May 1956;

2. The Commission having under con­siderations its proposals in the above- entitled matters, which would allocate the Atlantic City fixed service bands ex­clusively to the fixed service (Docket 10624) ; the band 4995-5005 kc exclusively to the standard frequency service (Dock­et 11647) ; and the bands 2495-2850 kc, 3155-3400 kc and 4438-4650 kc exclu­sively to the fixed and mobile services (pocket 11648), in the Commission’s Table of Frequency Allocations ; and

3. It appearing that in accordance Jpth the requirements of section 4 (a ) of the Administrative Procedure Act, gen -

No. 95-----3

eral notices of proposed rule making in these matters, which made provisions for the submission of written comments by interested parties, were duly published in the F ederal R egister on August 14, 1953 (18 F. R. 4859), (Docket 10624) and M arch 14,1956 (21 F. R. 1605), (Dockets 11647 and 11648) and that the periods provided for the filing of comments have now expired; and

4. It further appearing that the Com­mission adopted an Order in Docket 10624 on January 12, 1955, making its proposal final -for all fixed bands between 4 and 20 Me except for the bands 4750- 4995 kc, 5005-5450 kc, 7300-8195 kc and 11400-11700 kc; and

5. It further appearing that the Order stated in part that the remaining bands would be allocated exclusively to the fixed service when they became clear of out-of-band assignments;

6. It further appearing that the Com­mission adopted an Order in Docket 10377 on April 11, 1956 which, effective June 1, 1956, removes the last remaining out-of- band assignment in the fixed bands be­tween 4 and 20 Me; and

7. It further'appearing that as of June1,1956, all out-of-band services will have been removed from all bands encom­passed by this proceeding and need no longer be providecTfor by § 2.104 (a ) (3) (i ) of the rules after that date; and

8. It further appearing that no objec­tions to the proposed amendments have been filed; and

9. It further appearing that the pub­lic interest, convenience and necessity will be served by the amendments as set forth below the authority for which is contained in sections 4 ( i ) , 303 (c ) and ( r ) of the Communications Act of 1934, as amended;

10. It is ordered, That effective June 20, 1956, § 2.104 (a ) (3) (i) is amended as set forth below and that‘the proceed­ings in Dockets 10624, 11647 and 11648 are terminated therewith.(Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. 1954. Interprets or applies sec. 303, 49 Stat. 1082, as amended; 47 U. S, C. 303)

Released: May 11,1956.F ederal Co m m u n ic a t io n s

C o m m is s io n ,[ seal ] M ary Jane M orris,

Secretary.Effective June 20, 1956, the table of

frequency bands associated with § 2.104 (a ) (3) (i) is amended to read as follows:

4238-4368 kc .8476-8745 kc

[F. R. DOC. 56-3874; Filed, May 15, 1956; 8:51 a. m.]

[Docket No. 10798; FCC 56-441][Rules Arndt. 2-20]

P art 2— F r e q u e n c y A llo c a tio n s and R adio T reaty M atters; G eneral R u les and R eg u latio n s .

FIELD INTENSITY M E A S U R E M E N T S ' OFSPURIOUS r a d ia tio n s ; change i n dateOF REPORT

In the matter of amendment of Part 2 o f the Commission’s rules to establish a

program for the certification of equip­ment acceptable for licensing.

1. The Commission has under con­sideration a petition filed by the Radio- Electronics - Television Manufacturers Association (R E T M A ) for amendment of § 2.524 (d ) (2) of its rules to change the effective date contained therein from M ay 15, 1956, to December 1, 1956. This paragraph of the rules requires field in­tensity measurements of spurious radia­tions to be furnished with requests for type acceptance of transmitters.

2. The R ETM A states that tests have been made to determine the degree of correlation of spurious radiation meas­urements by various manufacturers and the Commission’s Laboratory on a certain transmitter. Although the tests have not yet produced the desired correlation, the opinion is expressed by RETM A that the testing techniques can be refined so that transmitter radiation will be a measurable quantity. The RETM A pro­poses a program for further tests de­signed to attain this objective within the next six months.

3. It is considered that the petition presents an adequate showing of need for further postponement of the effective date contained in § 2.524 (d ) (2) until December 1, 1956, and such postpone­ment is being adopted herein by amend­ment of that section.

4. Since the amendment in question relates solely to a change in the effective date of a provision of the rules which would otherwise become effective M ay15,1956, Notice of Proposed Rule Making pursuant to section 4 (a ) of the Admin­istrative Procedure Act would be both impracticable and contrary to the public interest. Moreover, since the effect of the amendment is to relieve for a six month period a restriction otherwise im­posed upon persons seeking type accept­ance of various types of equipment covered in these proceedings, it may be effective immediately under section 4 (c ) of the Administrative Procedure Act.

6. In view of the foregoing consider­ations and pursuant to the authority contained in sections 4 ( i ) , 301 and 303 of the Communications Act of 1934, as amended, it is ordered That, effective M ay 14,1956, P a ît 2 of the Commission’s rules and regulations is amended as follows:

Section 2.524 (d ) (2) is amended by changing the date specified therein from M ay 15, 1956, to December 1, 1956.(Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. 154. Interprets or applies secs. 301, 303, 48 Stat. 1081,1082 ; 47 U. S. C. 301, 303)

Adopted: M ay 9,1956.Released: M ay 11,1956.

F ederal Co m m u n ic a t io n s C o m m is s io n ,

[ seal ] M ary Jane M orris,Secretary.

Note : Rules changed herein will he includ­ed in Amendment 2-20.

[F. R. Doc. 56-3875; Filed, May 15, 1956; 8:51 a. m.]

3228 RULES AND REGULATIONS[FOC 56-444]

[Rules Arndt. 11-16]

F art 11— I ndustrial R adio S ervices

INDUSTRIAL RADIOLOCATION SERVICE

In the matter of amendment of § 11.- 610 of the rules governing the Industrial Radiolocation Service.

A t a session of the Federal Communi­cations Commission held at its offices, Washington, D. C., on‘the 9th day of M ay 1956;

The Commission having under consid­eration the question of the license term for stations authorized under the provi­sions of Subpart M of Part 11 Industrial Radiolocation Services;

It appearing that under the rules all outstanding authorizations for the oper­ation of stations in the Industrial Radio­location Service will expire on July 1, 1956; and that there is no provision for the licensing of stations in this service beyond that termination date;

It further appearing that the various radiolocation methocUrmay be susceptible of further development; that new meth­ods may yet be devised; and that the various regulatory requirements which would be incorporated into the rules are, as yet, not all known; and that it is, therefore, desirable, pending review of the entire matter by the Commission, to continue the developmental status of the Industrial Radiolocation Service beyond July 1, 1956.

It further appearing that general no­tice of proposed rule making is not re­quired in this matter under section 4 of the Administrative Procedure Act be­cause this amendment merely provides for a continuation of an existing develop­mental licensing policy without any sub­stantive change therein, and that for the same reason the amendment may be­come effective immediately;

It is ordered, Pursuant to the authority contained in section 4 (i) and 307 (d ) of the Communications Act of 1934, as

amended, that effective immediately, § 11.610 is amended as follows:

§ 11.610 license term, (a ) The li­cense for each station authorized to op­erate on frequencies below 1800 kc in this service will expire on July 1st of the calendar year following the year in which action is taken on the license application.

(b ) The license for each station au­thorized to operate on frequencies above 1800 kc in this service will expire one year from the date of final action on the license application.(Sec. 4, 48 Stat. 1066, as amended, 47 U. S. C. 154. Interprets or applies sec. 307, 48 Stat. 1083; 47 U. S. C. 307)

Released: M ay 11,1956.

F ederal Communications C om m ission ,

[ seal] M ary Jane M orris,Secretary.

[F. R. Doc. 56-3876; Filed, May 15, 1956; 8:51 a. m.]

PROPOSED RULE MAKINGDEPARTMENT OF AGRICULTURE

Agricultural Marketing Service [ 7 CFR Part 29 ]

T obacco I nspection

miscellaneous amendments

Notice is hereby given that the United States Department of Agriculture is con­sidering the issuance of an amendment to the regulations governing the inspec­tion of tobacco (7 CFR Part 29), issued pursuant to the authority contained in The Tobacco Inspection Act (49 Stat. 731 ; 7 U. S. C. 511 et seq.) The proposed amendment increases the cost for per­missive inspection as follows: The ad­ministrative charge is being increased from 5 to 8 percent and the salaries of permanently employed inspectors will be included in the inspection cost. The other charges remain unchanged. Minor changes have been made in the terms of the cooperative agreement.

A ll persons who desire to submit writ­ten data, views or arguments in connec­tion with these amendments should file the same in triplicate with the Director, Tobacco Division, Agricultural Market­ing Service, United States Department of Agriculture, Room 3521, South Building, Washington 25, D. C., not later than 10 days after publication hereof in the F ederal R egister. The proposed amend­ments are as follows:

1. Change § 29.121 to read as follows:§ 29.121 Fees for inspection service

performed under cooperative agreement. The fees to be charged and collected for service performed under cooperative agreement shall be those provided for by such agreement.

2. Change § 29.122 to read as follows:§ 29.122 Fees and charges for inspec­

tion other than under a cooperative

agreement. Fees or charges for inspec­tion service shall be fixed in accordance with § 29.123 of this regulation. Charges as computed in accordance with this reg­ulation shall be increased by 8 percent to cover administrative expenses.

3. Change § 29.123 to read as follows:§ 29.123 Fees and charges. The fees

and charges for inspection other than under a cooperative agreement shall be as follows:

(a ) Fees and charges for inspection at redrying plants and receiving points shall comprise the cost of travel expense, per diem allowance and salaries.

(b ) The fees and charges for hogs­head, bale or case inspection shall com­prise the cost of travel expense and per diem'allowance plus the smaller of (1) 50 cents per unit but not less than $10 or (2) actual salary but not less than for one day: Provided, That in no event shall the charges be less than the actual total cost including travel expense, per diem allowance and salaries.

(c ) The fees and charges for sample inspection shall comprise the cost of travel expense and per diem allowance plus the smaller of (1 ) 50 cents per sample but not less than $5 or (2) ac­tual salary but not less than for one day: Provided, That in no event shall the charges be less than the actual total cost including travel expense, per diem al­lowance and salaries.”

4. Add a new Subpart E to read as follows:

Subpart E— Forms

application and cooperative agreementFOR PERMISSIVE INSPECTION SERVICE

§ 29.801 Application and cooperative agreement for permissive inspection service.

Application for inspection service on a cooperative agreement basis is hereby made under the Authority of The Tobacco Inspec­

tion Act and the regulations Issued pursuant thereto (7 CFR Part 29). Upon approval of this application by the Agricultural Market­ing Service, United States Department of Agriculture (hereinafter referred to as “AMS”) , AMS will furnish Inspection service in accordance with the terms-and conditions hereof and this document shall constitute a cooperative agreement for permissive in­spection. Such grading service is to be per­formed for the firm herein designated:

(Name of firm)

(Street address)

(City and State)(a ) The applicant agrees to pay for the

full cost of the inspection service covered hereby to AMS at the time the respective invoices are rendered by AMS. The full costs shall be determined in accordance with the following rates for services as are applicable:

(1) Charges for inspection at redrying plants, receiving points and non-designated auction markets shall include travel ex­penses, per diem allowance and salaries. *

(2) Charges for hogshead, bale or case inspection shall include travel expenses and per diem allowance plus the smaller of (i)50 cents per unit but not less than $10 or f i i ) actual salaries but hot less than for one day: Provided, That in no event shall the charges be less than the actual total cost including travel expense, per diem allow­ance and salaries.

(3) Charges for sample inspection shall in­clude travel expenses and per diem allowance plus the smaller of (i ) 50 cents per sample but not less than $5 or (ii) actual salary but not less than for one day: Provided, That in no event shall the charges be less than the actual total cost including travel expense, per diem allowance and salaries.

(4) All charges as assessed under para­graphs 1, 2 and 3 shall be increased by 8 percent to cover administrative expenses.

(b ) All inspectors given Federal appoint­ments shall be under the Jurisdiction of the AMS as to supervision, salaries, hours of work and duties. Licensed inspectors, where utilized, are employees of the applicant but

FEDERAL REGISTER 3229Wednesday, May 16, 1956

are supervised by and are administratively re- oonsible to thé Administrator of the Agri­

cultural Marketing Service or his designee. All inspectors shall make such reports to the Administrator of the AMS as may be required.

(c) AMS will assume, through its local rep­resentatives, responsibility for the adminis­trative and technical supervision of the in­spection service established, maintained and conducted under this application; such rep­resentatives to determine the detailed assign­ments of inspectors. Assignment of inspec­tors and licensees shall be at the sole discre­tion of AMS.

(d) AMS will select, train and appoint such inspectors as are necessary to perform the work, with the understanding that it assumes no responsibility beyond its ability to obtain suitable qualified men at salaries determined by the provisions of the Fed­eral Classification Act.

(e) The applicant agrees to pay directly, or in the form of reimbursement, to the Agricultural Marketing Service, all expenses incurred in the conduct of the services ren­dered under this application, such payment to be made by check; money order or draft, payable and mailed to the Agricultural Mar­keting Service, Washington 25, D. C.

(f) It is mutually agreed that all inspec­tion work shall be in accordance with the United States Standards and that certificates issued shall be Federal certificates issued in accordance with the rules and regulations of the Secretary of Agriculture under The Tobacco Inspection Act.

(g) It is mutually agreed that AMS will advance the money for any of the expenses above mentioned from any available appro­priation by paying the voucher therefor certi­fied to and submitted by the supervisor, with the agreement and understanding that AMS shall be reimbursed therefor by the appli­cant for all expenses so advanced by AMS for conducting the work hereunder, by check, money order or draft made payable to the AMS and mailed to AMS, Washington 25, D. C. When such check, money order or draft is received by AMS, it shall be credited to the appropriation from which the disbursement shall have been made for the said expense.

(h) It is mutually agreed that AMS shall submit a bill to the applicant for any ex­penses hereunder for which AMS has ad­vanced the money.

(i) The applicant agrees to comply with the terms and conditions of the regulations and such other terms and conditions hereinenumerated.

(1) AMS shall not be responsible for dam­ages accruing through any acts of commis­sion or omission on the part of any Federal employee or licensee.nim This aSreeihent shall continue in force

til June 30, 19— , and as long thereafter as it°nfheSS sbal* provide the necessary author- y therefor, subject to annual confirmation

of a duly authorized officer of the United ho® ^ePartment of Agriculture; provided,

, ®ver> that this agreement may be abro- eith an^ time by mutual consent or by tnt^r party hereto by giving written notice ofn ® °tber party thirty (30) days in advance

„ f r y i n g the date of termination, shin k 6 Services to be rendered hereunder »wo be terminated by AMS at any time ru] ’ ^ting pursuant to any applicable laws, from °r re8ulations, debars the applicant servi rece*vinS any further benefits of the susnf6 ° r tbe services hereunder may be Rm.p ndecl or terminated at any time AMS form1!?68 the applicant has not con-

(m\ °r cann°t conform, hereto, samp ^ terms used herein shall have the ^gulaTicf1*111 aS wben used tn the aforesaid

or Rp in0 member of or delegate to Congress or annniCn* Commissioner after his election has niiatment, and either before or after he

qualified and during his continuance in

office; and no officer, agent or employee of the Government shall be admitted to any share or part of this agreement or to any benefit to arise thereupon. The provision herein with respect to the interest of members of or delegates to Congress and Resident Commis­sioners in the agreement shall not be con­strued to extend to any incorporated com­pany where such contract or agreement is made for the general benefit of such incorpo­ration or company.

By(Applicant)

(Street)

(City) _ (State)

Approved :

B y --------- -----------

(Title)

(Date)

(Date)Agricultural Market­

ing Service, U. S.Department of Ag­riculture.

(49 Stat. 734; 7 U. S. C. 511 m ).

Issued at Washington, D. C., this 11th day of May, 1956.

[ seal ] R o y W . L e n n ar tso n ,Deputy Administrator,

Agricultural Marketing Service.

[F. R. Doc. 56-3883; Filed, May 15, 1956; 8:53 a. m.]

[ 7 CFR Part 51 1F resh C ranberries

U. S. CONSUMER STANDARDS 1

Notice is hereby given that the United States Department of Agriculture is con­sidering the issuance of United States Consumer Standards for Fresh Cranber­ries, pursuant to the authority contained in the Agricultural Marketing Act of 1946 (60 Stat. 1087 et seq., as amended; 7 U. S. C. 1621 et seq.).

A ll persons who desire to submit writ­ten data, views or arguments for consid­eration in connection with the proposed standards should file the same with the Chief, Fresh Products Standardization and Inspection Branch, Fruit and Vege­table Division, Agricultural Marketing Service, United States Department of Agriculture, South Building, Washington 25, D. C., not later than 30 days after publication hereof in the F ederal R egister .

The proposed standards are as follows:

GENERALSec.51.2775 General.

GRADES

51.2776 U. S. Grade A.

OFF-GRADE

51.2777 Off-grade«-

»Packing of the product In conformity with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act.

DEFINITIONSSec.51.2778 Similar varietal characteristics.51.2779 Clean.51.2780 Mature.51.2781 Damage.51.2782 Fairly well colored.51.2783 Fairly uniform in color.51.2784 Diameter.

A u t h o r it y : §§ 51.2775 to 51.2784 issued un­der Sec. 205, 60 Stat. 1090, as amended; 7 U. S. C. 1624.

GENERAL

§ 51.2775 General. These standards apply only to the commonly cultivated cranberry (Vaccinium m acrocarpon).

GRADES

§ 51.2776 U. S. Grade A. “U. S. Grade A ” consists of fresh cranberries of one variety or similar varietal characteristics which are clean, mature, firm, and not soft or decayed and which are free from damage caused by moisture, bruises, freezing, smothering* scarring, sun-scald, foreign material, disease, insects, or me­chanical or other means.

(a ) Individual cranberries shall be at least fairly well colored, and the cran­berries in the container shall be fairly uniform in color.

(b ) Unless otherwise specified, each cranberry shall be not less than of an inch in diameter.

(c ) Incident to proper grading and handling, the following tolerances, by count, shall be permitted in any lot:

(1) 3 percent for cranberries which fail to meet the size requirements;

(2) 5 percent for cranberries which fail to meet the remaining requirements of the grade, but not more than three- fifths of this amount, or 3 percent, shall be allowed for cranberries which are soft or decayed at shipping point: Provided, That an additional tolerance of 2 percent, or a total of not more than 5 percent, shall be allowed for soft or decayed ber­ries en route or at destination; and,

(3) 5 percent for containers in which the cranberries fail to meet the require­ments of fairly uniform in color.

OFF-GRADE§ 51.2777 Off-grade. “Off-grade”

consists of cranberries which fail to meet the requirements of the foregoing grade.

DEFINITIONS

§ 51.2778 Similar varietal character­istics. “Similar varietal characteristics” means that the cranberries in the con­tainer are similar in color and shape.

§ 51.2779 Clean. “Clean” means that the cranberries are practically free from dirt, dust, spray residue, or other foreign material.

§ 51.2780 Mature. “Mature” means that the cranberry has reached the stage of development which will insure the proper completion of the ripening proc­ess. Cranberries which show more than a slight amount of green color shall be considered immature.

§ 51.2781 Damage. “Damage” means any defect which materially affects the appearance, or the edible or shipping quality of the individual cranberry or the general appearance of the cranberries in the container.

3230 PROPOSED RULE MAKING(a ) Cranberries shall be considered

damaged by foreign material when the appearance of the cranberries in the con­tainer is materially affected.

(b ) Cranberries shall be considered damaged by moisture when the cranber­ries in the container are wet from mois­ture caused by crushed, leaking or de­cayed berries or from rain or flooding. Cranberries which are moist from con­densation such as that caused by re­moving cranberries from a refrigerator car or cold storage to a warmer location, shall not be considered as damaged by moisture.

(c ) Any one of the following defects, or any combination of defects the seri­ousness of which exceeds the maximum allowed for any one defect, shall be con­sidered as damage:

(1 ) Bruises which materially affect the appearance of the individual cran­berry;

(2) Scarring when the appearance of the individual cranberry is materially affected by scars, or when the aggregate area of scars exceeds the area of a cir­cle 14 inch in diameter on a cranberry !%2 of an inch in diameter. Smaller cranberries shall have lesser areas of scars and larger cranberries may have greater areas: Provided, That no scars shall be permitted which affect the ap­pearance to a greater extent than the area permitted on a cranberry *%2 of an inch in diameter; and,

(3) Insects when worms or worm holes are present, or when any insect injury affects an area greater in diameter than that of a circle Ya inch in diameter.

§ 51.2782 Fairly well colored. “Fairly well colored” means that 75 percent of the surface of the individual cranberry, in the aggregate, shows pink or red color characteristic of the variety.

§ 51.2783 Fairly uniform in color. “Fairly uniform in color” means that the berries in the individual containers do not show sufficient variation in color to materially affect the general appearance of the berries.

§ 51.2784 D i a m e t e r . “Diameter” means the greatest dimension measured at right angles to a line from stem to blossom end of the berry.

Dated: M ay 11, 1956.[ seal ] ' R o y W . L ennar tso n ,

Deputy Administrator, Marketing Services.

[F. R. Doc. 56-3855; Filed, May 15, 1956;8:47 a. m.]

DEPARTMENT OF LABORWage and Hour Division

E 29 CFR Part 522 1 L earners i n A pparel I nd u str y

NOTICE OF HEARING

Pursuant to section 14 of the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201 et seq.), the Administrator has heretofore issued regulations providing for the employ­ment of learners in the apparel industry

at wages lower than the minimum wage applicable under section 6 of the act.

A petition has been received from the House Dress Institute requesting the transfer of the manufacture of house dresses from the women’s apparel Divi­sion (29 CFR 522.21 ( a ) ) of the industry to the single pants, shirts, and allied gar­ments division (29 CFR 522.21 ( b ) ) of the industry. This change would lower the minimum wage for learners in the manufacture of house dresses, from '80 cents per hour to 75 cents per hour for the first 320 hours, and from 85 cents per hour to 80 cents per hour for the next 160 hours.

Accordingly, pursuant to authority un­der section 14 of the Fair Labor Stand­ards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201 et seq.), and in accordance with section 4 of the Admin­istrative Procedure Act (60 Stat. 237) and 29 CFR 522.12, notice is hereby given that interested persons will be given an opportunity to submit oral and written data, views, and arguments before Harry Weiss, an authorized representative of the Administrator, in Conference Room C, Interdepartmental Auditorium, United States Department of Labor Building, Fourteenth Street and Constitution Ave­nue, Washington, D. C., at 10 a. m., e. d. s. t., on June 5,1956, on the question of what provision, if any, for the employ­ment of learners at wages lower than $1.00 per hour in the manufacture of house dresses is necessary in order to' prevent curtailment of opportunities for employment.

Signed at Washington, D. C., this 11th day of May 1956.

C. T. L u n d q u is t , Acting Administrator.

[F. R. Doc. 56-3864; Filed, May 15, 1956;8:49 a. m.]

E 29 CFR Part 522 ]L earners i n A pparel I n d u str y

NOTICE OF HEARING

Pursuant to section 14 of the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201 et seq.), the Administrator has heretofore issued regulations providing for the employ­ment of learners in the apparel industry at wages lower than the minimum wage applicable under section 6 of the act.

A petition has been received from the Clothing Manufacturers Association of the U. S. A. requesting the transfer of the manufacture of men’s and boys’ sep­arate trousers from the single pants, shirts, and allied garments division. (29 CFR 522.21 ( b ) ) of the apparel industry, which provides minimum rates of 75 cents per hour for the first 320 hours and 80 cents per hour for the next 160 hours, to the men’s and boys’ clothing industry, for which learner certificates are issued pursuant to the general learner regulations (29 CFR 522.1 through 522.12). The standards currently being observed by the Administrator of the W age and Hour Division in issuing cer­tificates for the employment of learners at subminimum rates in the men’s and

boys’ clothing industry provide for com­parable learner periods and occupations, but require the payment of 85 cents per hour for the first 280 hours, and 90 cents per hour for the next 200 horns.

Accordingly, pursuant to authority un­der section 14 of the Fair Labor Stand­ards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201 et seq.), and in accordance with section 4 of the Ad­ministrative Procedure Act (60 Stat. 237 5 U. S. C. 1001) and 29 CFR 522.12, notice is hereby given that interested persons will be given an opportunity to submit oral and written data, views, and argu­ments before Harry Weiss, an authorized representative of the Administrator, in Room No. 2325, United States Depart­ment of Labor Building, Fourteenth Street and Constitution Avenue, Wash­ington, D. C., at 10 a. m., e. dL s. t., on June 7, 1956, on the question of what provision, if any, for the employment of learners at wages lower than $1.00 per hour in the manufacture of men’s and boys’ separate trousers is necessary in order to prevent curtailment of oppor­tunities for employment.

Signed at Washington, D. C„ this 11th day of M ay 1956.

C. T. L u n d q u is t , Acting Administrator.

[F. R. Doc. 56-3865; Filed, May 15, 1956;8:49 a. m.]

[ 29 CFR Part 522 ]L earners i n K n itte d W ear I ndustry

NOTICE OF HEARING

Pursuant to section 14 of the Fair La­bor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201 et seq.), the Administrator has heretofore issued reg­ulations providing for the employment of learners in the knitted wear industry at wages lower than the minimum wage ap­plicable under section 6 of the act.

A petition has been received from the Shirt Institute and the National Associa­tion of Shirt, Pajam a, and Sport Wear Manufacturers requesting the transfer of the manufacture of men’s and boys’ un­derwear made of woven fabric from the knitted wear industry (29 CFR 522.31(d ) ) , to the singlé pants, shirts, and al­lied garments division (29 CFR 522.21 ( b ) ) of the apparel industry. This change would, (1) lower the minimum wage for learners in the manufacture of men’s and boys’ underwear made of woven fabric from 85 cents per hour to 75 cents per hour for a 320-hour period and allow a minimum rate of 80 cents per hour for the next 160 hours in the occupations of machine stitching ana final pressing, (2) allow learners to be employed in the occupations of other pressing” and "all other machine operating (except cutting) ” at the mim- mum rate of 75 cents per hour for lw hours, (3) allow learners to be employed in the occupation of “final inspection w assembled garments” at the minimum rate of 80 cents per horn: for 160 hours, and (4) increase the number of learnem that an employer may be authorized w

FEDERAL REGISTER 3231Wednesday, May 16, 1956

employ by any special certificate issued to meet normal labor turnover from 5 percent to 10 percent of the total num­ber of productive factory workers in the plant.

Accordingly, pursuant to authority under section 14 of the Pair Labor Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201 et seq.), and in accordance with section 4 of the Ad­ministrative Procedure Act (60 Stat. 237; 5U.S.C. 1001) and 29 CFR 522.12, notice is hereby given that interested persons will be given an opportunity to submit oral and written data, views, and argu­ments before Harry Weiss, an authorized representative of the Administrator, in Conference Room C, Interdepartmental Auditorium, United States Department of Labor Building, 14th Street and Con­stitution Avenue, Washington, D. C., at 10 a. m., e. d. s. t., on June 6, 1956, on the question of what provision, if any, for the employment of learners at wages lower than $1.00 per hour in the manu­facture of men’s and boys’ underwear from any woven fabric is necessary in order to prevent curtailment of oppor­tunities for employment and what limi­tations as to time, number, proportion, and length of service should be pre­scribed.

Signed at Washington, D. C., this 11th day of May 1956.

C. T. L u n d q u is t , Acting Administrator.

[P. R. Doc. 56-3866; Piled, May 15, 1956;8:49 a. m.]

FEDERAL TRADE COMMISSION[ 16 CFR Ch. I ]

[File No. 455]

Trade Practice R u les for E ngraved Sta ­tionery and A llied P roducts I n d u str y op the N e w Y ork C i t y T rade A rea

notice of hearing and of o p po r t u n it y TO PRESENT VIEWS, SUGGESTIONS, OR OBJECTIONS

Opportunity ~is hereby extended by the Federal Trade Commission to any and all persons, partnerships, corporations, organizations, or other parties, including farm, labor, and consumer groups, a f ­fected by or having an interest in the Proposed trade practice rules for the engraved stationery and allied products industry of the New York City Trade Area, to present to the Commission their views concerning said rules; including such pertinent information, suggestions, 0r objections as they may desire to sub- ®rt, and to be heard in the premises, for th is purpose copies of the proposed hues may be obtained upon request to the Commission. Such views, information, nggestions, or objections may be sub-

mitted by letter, memorandum, brief, orother communication, to be filed withhe Commission not later than June 1,

wii k Opportunity to be heard orally be afforded at the hearing beginning

at io a- m., d. s. t., June 1, 1956, in theCommodore, Lexington Avenue,

suoh ^ Street, New York City, to any cn persons, partnerships, corporations,

vgamzations, or other parties, who de-

sire to appear and be heard. After due consideration of all matters presented in writing or orally, the Commission will proceed to final action on the proposed rules.

Rules for this industry, if approved and promulgated by the Commission, will be applicable to all persons, partnerships, corporations, and organizations engaged in the manufacture, offering for sale, sale, and distribution in the New York City Trade Area of (1) engraved sta­tionery and allied products, such as, but not limited to, letterheads, envelopes, business cards, social programs, greeting cards, bank notes, and stock certificates; (2) intaglio plates and dies intended for use and used in the production of such stationery and allied products; and (3) stationery and allied products produced through such processes as raised print­ing, thermotyping, embossing, or any other process not falling within the meaning of “engraving” as described in the definition of engraving process con­tained in these rules when such products are represented as engraved products, or as produced through an engraving process.

These proceedings were instituted pur­suant to an industry application in the course of which a trade practice confer­ence and subsequent hearing were held in New York City. Release by the Com­mission of the proposed rules, together with the scheduling of a public hearing thereon, constitute further steps in the proceedings, the ultimate purpose of which is the establishment of a com­prehensive set of trade practice rules di­rected to the maintenance of fair com­petitive conditions within the industry, as well as protection of the purchasing public.

Issued; May 11,1956.By direction of the Commission.[ se al ] R obert M . P arrish ,

Secretary.[F. R. Doc. 56-3842; Filed, May 15, 1956;

8:45 a. m.]

FEDERAL COMMUNICATIONS COMMISSION[ 47 CFR Part 2 ]

[Docket No. 11709; FCC 56-407]

F ixed S ervice U t il iz in g T ropospheric S catter T e c h n iq u e s

«JOTICE OF PROPOSED RULE MAKING

1. Notice of proposed rule making is hereby given in the above entitled matter.

2. The Commission has had under con­sideration the questions: (A ) To what extent will tropospheric scatter tech­niques be utilized in the fixed service? and (B ) Is the operation of tropospheric scatter fixed stations compatible with the operation of conventional fixed stations in frequency bands allocated to the fixed service above 940 Me?

3. At the present time, the Table of Frequency Allocations in Part 2 of the Commission’s rules does not preclude the assignment of frequencies to fixed sta­tions utilizing tropospheric scatter tech­

niques. Nevertheless it should be point­ed out that the several bands above 890 Me which are allocated to the fixed serv­ice were so allocated with only conven­tional microwave systems in mind. These allocations were basically deter­mined after lengthy hearings in Docket 6651 and have been in force since M ay 1945. Although several changes in allo­cations have been made since that time, with one exception, those changes en­visaged use of these bands by conven­tional system. The one exception, is the case of the band 716-890 Me which has been allocated to the international fixed public service on a temporary and on a geographically limited basis.

4. W ith current advances in the state of the art, primarily the development of high power radio transmitting tubes and low noise figure receiving tubes, there appears to be a great deal of interest in the development and use of tropospheric scatter techniques. A t the present time this interest appears to be directed pri­marily to experimental systems both in this country and abroad and the Com­mission is of the opinion that it is now timely to take into consideration the possible effect on spectrum utilization that may accompany the institution of operational circuits. There is no ques­tion but what the technique may prove to be economical and feasible with re­spect to short-haul international fixed circuits and there appears to be a great number of applications where the tech­niques might possibly be useful for the domestic fixed service perhaps in some instances, replacing or supplementing conventional systems.

5. It appears that sufficient experimen­tal data should now be in the hands of communications industry, future users and research organizations to enable a determination to be made as to the fol­lowing points;

A. Can or should tropospheric scatter fixed circuits share with conventional fixed circuits in the various fixed bands above 940 Me? W hat are the various factors leading up to this answer?

I f such sharing is not feasible, what criteria should be used in sub-allocating one or more fixed bands for use by tropo­spheric scatter systems?

B. W hat is the extent of anticipated use of tropospheric circuits in;

(1 ) Domestic fixed applications?(2) International fixed applications?C. W hat is the state of the art with

respect to tropospheric scatter technique, tubes, equipment and technical limita­tions, power required, recommended emissions, etc.?

D. W hat information can be supplied upon which the Commission may be able to make an evaluation as to the relative spectrum utilization efficiency of tropo­spheric scatter propagation systems as compared with conventional line of sight systems?

6. Prior to taking any action in the matter of rules governing the assignment of frequencies to fixed stations utilizing tropospheric scatter techniques, the Commission wishes comments and data from all interested persons with respect to the above questions. The Commission will consider all such comments, infor­mation and data prior to making any

3232 PROPOSED RULE MAKINGproposal to amend its rules relating to the assignment of frequencies to fixed stations utilizing these techniques.

7. This proposal is issued pursuant to the authority of sections 303 (c ) , ( f ) and (r ) of the Communications Act of 1934» as amended.

8. Any interested person may file with the Commission on or before July 1,1956, written data, views or arguments setting forth his comments. Comments in re­ply to the original comments may be filed on or before July 20, 1956.

9. In accordance with the provisions of § 1.764 of the Commission’s rules and regulations, an original and 14 copies of all statements, brief or comments filed shall be furnished the Commission.

Adopted: May 9,1956.Released: M ay 11,1956.

F ederal C o m m u n ic a t io n s C o m m is s io n ,

[ seal ] M a r y Ja n e M orris ,Secretary.

[F. R. Doc. 56-3877; Filed, May 15, 1956; 8:52 a. m.]

I 47 CFR Parts 7, 8 1[Docket No. 11617; FCC 56-443]

S tatio ns o n L and and o n S hipboard in M a r itim e S ervices

further n o t ic e of proposed r u le m a k in g

In the matter of amendment of Parts 7 and 8 of the Commission’s rules to make the frequency 2482 kc (coast)— 2430 kc (ship) available conditionally on a 24- hour basis in the Seattle, Washington area; Docket No. 11617.

1. On December 29,1954, the Commis­sion adopted an order amending Parts 7 and 8 of its rules which made the fre­quency pair 2482 kc (coast)— 2430 kc (ship) available for assignment in the Seattle, Washington area, effective Feb­ruary 2, 1955. Since only partial clear­ance of the frequency pair for that pur­pose had been effected at that time, the frequencies were limited to “day only” use. On January 25, 1956, after clear­ance of the conflicting police radio as­signments on 2430 kc, the Commission adopted a Notice of Proposed Rule M ak­ing in the instant Docket which proposed to make this frequency pair available for use in the Seattle area on a 24-hour basis, subject to the temporary (until M ay 1, 1957) condition that no harmful inter­ference would be caused, by the night­time use of these frequencies at Seattle, to Alaskan stations operating on these frequencies in the public fixed and mari­time mobile services under Part 14 of the Commission’s rules.

2. Certain fixed, coast and ship sta­tions throughout the entire area of Alaska, subject to Part 14, are now licensed to transmit on 2482 kc and 2430 kc with limited power. They will be per­mitted to continue operation on these frequencies until M ay 1, 1957. .There­after, use of these frequencies in Alaska must conform to a zone allocation, in­cluding daily and seasonal time limita­

tions in certain zones. Under the zone allocation, it was intended that proba­bility of interference would be minimized between use of these two frequencies in Alaska and in the vicinity of Seattle.

3. Comments in response to the Com­mission’s proposal in the instant docket were filed by the Pacific Telephone and Telegraph Company and the Alaska Sal­mon Industry, Inc. The comments of Pacific Telephone and Telegraph Com­pany were in fu ll support of the Com­mission’s proposal. The Alaska Salmon Industry, Inc. objected to the Commis­sion’s proposal on the grounds that the 24-hour use of the frequencies 2482 kc and 2430 kc at Seattle could be expected to cause harmful interference to Alaskan communications, and requested that the proposed 24-hour use of 2430 kc and 2482 kc be postponed until such time as the Commission allocates replacement fre ­quencies to Alaska stations for the two frequencies in question. Alaska Salmon Industry, Inc., believed, on the basis of its past operating experience in Alaska, that harmful interference to Alaska communications on these frequencies would (at least during the fishing season— April 1 to October 1) be re­ceived beginning at approximately 7:00 p. m. Alaska Standard Time (9:00 p. m. P. s. t .). Alaska Salmon Industry, Inc., also stated “that the loss of the effective use of these two frequencies during the very important evening and nighttime hours of the summer months (fishing season April 1 to October 1) will further compound the present crowded frequency situation in Alaska * * PacificTelephone and Telegraph Company filed comments, replying to the Alaska Salmon Industry, Inc., in which Pacific conceded that there is a probability of interference to Alaskan stations from the Seattle coast station if the Seattle station operates on 2482 kc after 9:00 p. m., P. s. t., during the Alaskan commercial fishing season— April 1 to October 1.

4. In view of the comments received and a further study of the problem, the Commission believes that it may be ap­propriate and desirable to establish futher daily, seasonal and area limita­tions so as to minimize the probability of interference between these two areas, consistent with the reasonable and prac­ticable use of the frequencies 2430 kc and 2482 kc by stations in each area, not only for the interim period which expires M ay 1,1957, but also to continue in effect

after the expiration of such period. The Commission, therefore, proposes to amend Parts 7 and 8 of its rules as set forth below.

5. In proposing these limitations, the Commission realizes that future actual operating experience may indicate the desirability of revision. Such experience may show either that the operating hours should be expanded or, conversely, that harmful interference not anticipated at this time by the Commission may actu­ally occur and that, as a consequence, some further limitation in operating hours would be appropriate.

6. In summary, the Commission recog­nizes the need for use of these frequen­cies in both geographic areas and believes that the type of regulatory con­ditions now proposed will serve as a basis for a practicable and compatible shared use of these frequencies between the two areas involved.

7. 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, may file with the Commission on or before June 25, 1956, written data, views or briefs setting forth his comments. Com­ments in support of the proposed amend­ments may also be filed on or before the same date. Comments in reply to the original comments may be filed within ten days from the last day for filing said original data, views or briefs. The Com­mission will consider all such comments prior to taking final action in this matter.

8. The proposed amendment Is issued under the authority contained in section 303 ( f ) and. (r ) of the Communications Act of 1934, as amended.

9. In accordance with the provisions of § 1.764 of the Commission’s rules, an original and fourteen copies of all state­ments, briefs or comments filed shall be furnished the Commission.

Adopted: M a y 9,1956.

Released: May 11,1956.F ederal C ommunications

C o m m is s io n ,[ seal ] M a r y Jane M orris,

Secretary.

A. Part 7 is amended as follows:1. In § 7.306 (b ), that portion of the

frequency table dealing with Seattle, Washington is amended to read as follows:

Seattle, Wash. 2522.. .2482.. .

None..^___ __________T___.*____Authorized for use during the follow­

ing daily periods on condition that harmful interference is not caused to the service of any coast station lo­cated in the, vicinity of New Orleans, La., nor to the service of any station in the Alaska area authorized in accordance with Part 14 of the Com­mission’s rules, to which this carrier frequency is assigned for transmis­sion: until Oct. 1, 1956, from 5 a. m. to 8. p. m., P. s. t., only; from Oct. 1, 1956, until May 1, 1957, from 8 a. m. to 6 p. m., P. s. t., only; thereafter and annually from Apr. 1 to Sept. 30, inclusive, from 5 a. m. to 9 p. m., P. s. t., only; and annually from Oct. 1 to Mar. 31, inclusive, from 6 a.m. to 11 p. m., P. s. t., only.

2126.2430.

None.Authorized for use south o f“

north latitude and east of west longitude exclusively ing the following daily penoas on condition that harmful fflt* ference is not caused to the serw of any station in the Alaska are authorized in accordance w Part 14 of the Commission s nues to which this carrier frequency assigned for transmission: un Oct. 1, 1956, from 6. a. m. to » p. m., P. s. t., only;5 from Oct. , 1956 until May 1, 1957, 4*®., a. m. to 6. p. m., P -s- thereafter and annually j1 to Sept. 30 inclusive, fro® “ a.m.to9p.m.,P.s.t.,oriy; <*(I annually from Oct. 1 to Mar.“1» inclusive, from 6 a. m. to 1? P1 “■* P. s. t.. only.

FEDERAL REGISTER 3233Wednesday, May 16, 1956

2. In § 7.306 ( b ) , table footnote 5 to the frequency table in this section is deleted and the following is substituted therefor:

5 During certain hours within these time periods ship stations (when north of Vancouver, British Columbia, and transmitting on 2430 kc. to Seattle) may cause some interference to stations in southeastern Alaska.

B Part 8 is amended as follows:1. In § 8.354 (a ) (1 ), that portion of the frequency table dealing with Seattle,

Washington, is amended to read as follows: *

NoneY'w-Authorized for use during the fol­

lowing daily periods on condition that harmful interference is not caused to the service of any coast station located in the vicinity of New Orleans, La., nor to the service of any station in the Alaska area authorized in ac­cordance with Part 14 of the Commission’s rules, to which this carrier frequency is assigned for transmission: until Oct. 1, 1956, from 5 a. m. to 8p. m. P. s. t. only; from Oct. 1, 1956, until May 1, 1957, from 8 a. m. to 6 p. m., P. s. t. only;thereafter and annually from AprT 1 to Sept. 30, inclusive, from 5 a. m. to 9 p. m. P. s. t. only; and annually from Oct. 1 to Mar. 31, inclusive, from 6 a. in. to 11 p. m. P. s. t. only.

2. In § 8.354 (a ) (1 ), table footnote 5 to the frequency table in this section is deleted and the following is substituted therefor:'During certain hours within these time periods ship stations (when north of Vancouver,

British Columbia, and transmitting on 2430 kc. to Seattle) may cause some interference to stations in southeastern Alaska.

[P. R. Doc. 56-3878; Filed, May 15, 1956; 8:52 a. m.]

2522—2430— Authorized for use south of 61° north

latitude and east of 142° west longi­tude exclusively * during the follow­ing daily periods on condition that harmful interference is not caused to the service of any station in the Alaska area authorized in accordance with Part 14 of the Commission’s

2482—

rules to which this carrier frequency is assigned for transmission: until Oct. 1, 1956, from 5 a. m. to 8 p. m. P. s. t. only;5 from Oct. 1,1956, until M ay 1,1957, from 8 a. m. to 6 p. m., P. s. t. only;5 thereafter and annually from Apr. 1 to Sept. 30 inclusive, from 5 a, m. to 9 p. m. P. s. t. only; and annually from Oct. 1 to Mar. 31, inclusive, from 6 a. m. to 11 p. m. P. s. t. only.

NOTICESDEPARTMENT OF COMMERCE

Federal Maritime Board[Docket No. 794]

Luis (L o u is ) A. P ereira et al

NOTICE OF INVESTIGATION AND HEARING

Notice is hereby given that at a ses­sion of the Federal Maritime Board held at its Office in Washington, D. C., on the 3d day of May 1956, the Board En­tered the following order:

Whereas it appears that Molina For­warding Company, Inc., is registered as an ocean freight forwarder pursuant to General Order 72 (46 CFR 244.1 et seq.) and has been so registered since July 13, 1950, and Luis (Louis) A. Pereira owns and has owned a substantial stock in­terest in said company since that date, and

Whereas it further appears that Luis 'Louis) a . Pereira owns or controls and has owned or controlled Crescent T rad - tng Company since about 1946, and holds and has held control of United States Cu Corporation since about 1952, and

Whereas it further appears that M o­ina Forwarding Company, Inc., has col- ected or received ocean freight broker- pge ,on shipments of Luis (Louis) A. preira doing business as Crescent T rad -

Company and United States Oil Cor­poration from Grace, Line, Inc., and A l- oa Steamship Company, Inc., at various ines during the period January, 1955,mugh August 1955>and.Whereas it further appears that the section or receipt of ocean freight

brokerage as aforesaid violates section 16, Shipping Act, 1916, as amended, (46 USC 815) and General Order 72 (46 CFR 244.13) in that (1) Luis (Louis) A. Pereira, Molina Forwarding Company, Inc., Luis (Louis) A. Pereira doing busi­ness as Crescent Trading Company, and United States Oil Corporation have knowingly and willfully, directly or in­directly, by unjust or unfair device or means, obtained or attempted to obtain transportation for property at less than the rates or charges which would other­wise be applicable, and (2) Molina For­warding Company, Inc., has directly or indirectly shared ocean freight broker­age collected or received as aforesaid with Luis (Louis) A. Pereira, Luis (Louis) A. Pereira doing business as Crescent Trading Company, and/or United States Oil Corporation, and has either alone or in conjunction with any or all of them directly or indirectly a l­lowed any or all of them to obtain trans­portation for property at less than the regular rates or charges by unjust or unfair means or device, now therefore,

It is ordered, That the Board on its own motion, pursuant to section 22, Shipping Act, 1916, as amended, (46 USC 821) enter upon a proceeding of inves­tigation into and concerning the alleged violations of the Act and order as afore­said, and

It is further ordered, That Molina For­warding Company, Inc., show cause why its registration should not be revoked upon a finding that it has violated Gen­eral Order 72 or the Shipping Act, 1916, as aforesaid, and

It is further ordered, That Luis (Louis)' A. Pereira, Molina Forwarding Company, Inc., Luis (Louis) A. Pereira doing busi­ness as Crescent Trading Company, and United States Oil Corporation be, and they are here named respondents in this proceeding, that copies of this order be served upon them and that this order be published in the F ederal R egister, and

It is further ordered, That this pro­ceeding be assigned for hearing before an Examiner of the Board at a date and place to be fixed by the Chief Examiner.

Pursuant to the above order, notice is hereby given that a public hearing will be held before an examiner of the Hear­ing Examiners’ Office at a date and place to be announced later. The hearing will be conducted in accordance with the Board’s rules of practice and procedure (18 F. R. 3716), and the examiner will issue a recommended decision.

A ll persons (including individuals, cor­porations, associations, firms, partner­ships, and public bodies) having an in­terest in this proceeding and desiring to participate in the hearing should notify the Secretary, Federal Maritime Board promptly, and file petitions for leave to intervene in accordance with rule 5 (n ) (46 CFR 201.74) of the Boards’ rules.

By order of the Federal Maritime Board.

Dated: M ay 11,1956.[ seal ] G eo . A. V ie h m a n n ,

Assistant Secretary.

[F. R. Doc. 56-3888; Filed, May 15, 1956;8:54 a. m.]

Office of the SecretaryE dward F. L ic k e y

statem ent o f changes i n f in a n c ia l inter ests

In accordance with the requirements of section 710 (b ) (6) of the Defense Production Act of 1950, as amended, and Executive Order 10647 of November 28, 1955, the following changes have taken place in my financial interests as re­ported in the F ederal R egister of 20 F. R. 8940, December 3,1955.

A. Deletions: No change.B. Additions: No change.

Dated: April 14,1956.E dw ard F. L ic k e y .

[F. R. Doc. 56-3871; Filed, May 15, 1956; 8:50 a. m.]

J oel B . W are

STATEMENT OF CHANGES IN FINANCIAL INTERESTS

In accordance with the requirements of section 710 (b ) (6) of the Defense Production Act of 1950, as amended, and Executive Order 10647 of November 28, 1955, the following changes have taken place in my financial interests as re­ported in the F ederal R egister of 20 F. R. 8942, December 3,1955.

3234 NOTICESA. Deletions: None.B. Additions: General Motors Corporation.

Dated: M ay 4,1956.Jo el B . W ake.

[F. R. Doc. 56-3872; Filed, May 15, 1956; 8:51 a. m.]

L aw r ence J. H alderm an

STATEMENT OF CHANGES IN FINANCIAL INTERESTS

In accordance with the requirements of section 710 (b ) (6) of the Defense Production Act of 1950, as amended, and Executive Order 10647 of November 28, 1955, the following changes have taken place in my financial interests as re­ported in the F ederal R egister of De­cember 3, 1955; 20 F. R. 8938.

A. Deletions: No changes.B. Additions: No changes.

L a w r ence J. H alderm an .

M ay 9,1956.[F. R. Doc. 56-3873; Filed, May 15, 1956;

8:51 a. m.]

DEPARTMENT OF THE INTERIORBuredu of Land Management

A laska

ALASKA PUBLIC SALE ACT CLASSIFICATION NO. 24

M a y 8,1956.Pursuant to the authority delegated to

me under section 2.5 of Order No. 541 of April 21, 1954, Bureau of Land M anage­ment, the following described land is classified for disposal under the Alaska Public Sale Act of August 30, 1949 (63 Stat. 679; 48 U. S. C. 364a-364e) for com­mercial, and/or industrial purposes:

East Addition, Anchorage

Amended Plat, U. S. Survey 408, Block 28-B. Containing 0.417 acre.

The above land will be offered for sale in accordance with regulations contained in 43 CFR, Part 75, §§ 75.23 to 75.40. I f no bid at the minimum acceptable price or above is made, the land may be held for future offering or the classification may be rescinded.

R oger R . R o b in s o n , Operations Supervisor.

[F. R. Doc. 56-3846; Filed, May 15, 1956;8:46 a .m.]

DEPARTMENT OF AGRICULTURECommodity Stabilization Service

W heat

NOTICE OF REFERENDUM FOR MARKETING QUOTAS 1957-58

The Secretary of Agriculture has duly proclaimed pursuant to the provisions of the Agricultural Adjustment Act of 1938, as amended, a national marketing quota for wheat for the marketing year beginning July 1, 1957. Said Act re­quires the Secretary to conduct a refer­endum between the date of said procla­

mation and July 25,1956, of farmers who will be subject to such quota in order to determine whether such farmers favor or oppose such quota. Since the only purpose of this notice is to fix the date of holding such referendum as required by said act and it is desirable to give as much advance notice as possible for the convenience of the voters and to facili­tate preparations for holding the refer­endum, it is hereby found that notice and public procedure thereon are im­practicable, unnecessary and contrary to the public interest. Accordingly, it is hereby determined that the wheat m ar­keting quota referendum under said act for the marketing year beginning July 1, 1957, shall be held on July 20, 1956.

Done at Washington, D. C. this 14th day of M ay 1956.

[ seal ] E zra T aft B e n so n ,Secretary of Agriculture.

[F. R. Doc. 56-3914; Filed, May 15, 1956;8:55 a. m.]

FEDERAL COMMUNICATIONS COMMISSION

[Docket Nos. 11004,11691; FCC 56M-454]

O h io V a lle y B roadcasting C orp . et a l

order sc h ed u lin g prehearing conference

In re applications of Ohio Valley Broadcasting Corporation, Clarksburg, West Virginia, Docket No. 11004, File No. BPCT-849, for television construction permit; News Publishing Company, Wheeling, West Virginia, (Transferor), and W STV , Inc., Steubenville, Ohio, (Transferee), Docket No. 11691, File No. BTC-2048, for Commission consent to transfer of control of Ohio Valley Broad­casting Corporation.

It is ordered, This 8th day of May 1956, that all parties, or their counsel, in the above-entitled proceeding are directed to appear for a pre-hearing conference pursuant to the provisions of § 1.813 of the Commission’s rules, at the offices of the Commission in Washington, D. C., at 10 o’clock a. m., M ay 16, 1956.

F ederal C o m m u n ic a t io n s C o m m is s io n ,

[ seal ] M ar y Jane M orris ,Secretary.

[F. R. Doc. 56-3838; Filed, May 15, 1956; 8:45 a. m.]

[Docket No. 11554; FCC 56M-465]

P erry C o u n t y B roadcasting C o .

ORDER CONTINUING HEARING

In re application of Claude P. Stephens and Frank L. Jones d/b as Perry County Broadcasting Company, Hazard, Ken­tucky, Docket No. 11554, File No. B P - 9840; for construction permit.

The Hearing Examiner having under consideration a continuanc'e of this pro­ceeding:

It appearing that this hearing was con­tinued heretofore owing to circumstances which will not be resolved until final ac­tion has been taken on certain pleadings now pending before the Commission and

that there has been no change in these circumstances;

It is ordered, This 9th day of May 1956, that the hearing now scheduled for May 14, 1956, is continued to June 15, 1956.

F ederal C ommunications C o m m is s io n ,

[ se al ] M a r y Ja n e M orris,Secretary.

[F. R. Doe. 56-3879; Filed, May 15, 1956; 8:52 a. m.]

[Docket No. 11602; FCC 56M-416]

Clara T.tht W ood

ORDER CONTINUING HEARING

In the matter of Clara Lee Wood, Tampa, Florida, Docket No. 11602; order to Show cause why the license for radio­telephone station W P D should not be revoked.

It is ordered, This 30th day of April 1956, on the Examiner’s own motion, that hearing in the above-entitled pro­ceeding, presently scheduled to com­mence M ay 1, 1956, is continued indefi­nitely, pending action on a motion of the Commission’s Safety and Special Radio Services Bureau to dismiss the said proceeding.

F ederal C ommunications C o m m is s io n ,

[ seal ] W m . P. M assing ,Acting Secretary.

[F. R. Doc. 56-3839; Filed, May 15, 1956; 8:45 a. m.]

[Docket No. 11659; FCC 56M-441]

D onald F . W h it m a n (K ITN )ORDER CONTINUING HEARING

In re application of Donald F. Whit­man (K IT N ), Olympia, Washington, Docket No. 11659, File No. BP-9809; for construction permit.

I t is ordered, This 7th day of May 1956, on the Hearing Examiner’s own motion, that the hearing in the above-entitled proceeding now scheduled to commence on May 8,1956, is continued indefinitely.

F ederal C ommunications C o m m is s io n ,

[ seal ] M a r y Ja n e M orris,Secretary.

[F. R. Doc. 56-3840; Filed, May 15, 1956; 8:45 a. m.]

[Docket No. 11667; FCC 56M-462]

Sarasota B roadcasting Co .

order advancing hearing

In re application of Antonio G. Fer‘ nandez, Charles J. Fernandez and Gon- zalo Fernandez d/b as Sarasota Broad­casting Company (W K X Y ), Sarasota, Florida, Docket No. 11667, File No. BMP-7046; for modification of construc­tion permit.

I t is ordered, This 9th day of May 1956, on the Examiner’s own motion, and with the consent of the parties w

Wednesday, May 16, 1956 FEDERAL REGISTER 3235

the proceeding, that hearing in the above-entitled matter will be conducted on May 29, 1956, commencing at 10:00 a. m., in the offices of the Commission, Washington, D. C., in lieu of June 4, 1956, as originally scheduled.

F ederal C o m m u n ic a t io n s C o m m is s io n ,

[seal] M ar y Jane M orris ,Secretary.

[F. R. Doc. 56-3841; Filed, May 15, 1956; 8:45 a. m.]

[Arndt. 0-21; FCC 56-438]

F. C. C. F r e q u e n c y L ist

public examination at each of the Commission’s Field Engineering and Monitoring Bureau Field Offices and in Washington, D. C., at the Commission’s Broadcast and Docket Reference Room and the Application Control Reference Room. Licensees are requested to report promptly any omissions or inaccuracies which may be discovered.[F. R. Doc. 56-3880; Filed, May 15, 1956;

8:52 a. m.]

FEDERAL POWER COMMISSION[Docket No. E-6677]

C o m m u n it y P u b l ic S ervice Co .

NOTICE OF APPLICATION

AVAILABILITY OF INFORMATION

In the matter of amendment of Part 0 of the Commission’s rules to add section 0.126 concerning availability of informa­tion contained in the F. C. C. Frequency List, Arndt. 0-21.

1. At a session of the Federal Com­munications Commission held at its o f­fices in Washington, D. C., on the 9th day of May 1956;

2. The Commission having under con­sideration its proposal in the above en­titled matter; and

3. It appearing that the above entitled matter is not reflected in the latest re­printing of Part 0 of the Commission’s rules as revised effective October 15,1955, and

4. It further appearing that the amendment adopted herein is non-sub­stantive 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 amendment may become effective immediately, and

5. It further appearing that the amendment adopted herein is issued pur­suant to authority contained in sections 4 (i) and 5 (d ) (1) and 303 (r ) of the Communications Act of 1934, as aihend- W, and section 0.341 of the Commission’s Statement of Organization, Delegations of Authority, and Other Information; 10« *s dered, That effective June 20, 1956, Part 0 of the Commission’s rules is amended as set forth below.

Released: May 11 , 1956.

F ederal C o m m u n ic a t io n s C o m m is s io n ,

[seal] M a r y Ja n e M o r r is ,Secretary,

Amend Part 0, by adding a new sec- won 0.126 to read as fo llows:

Sec. 0.126 F. C. C. Frequency List. ol frequency assignments to

wo stations authorized by the Com- •wssion is recapitulated periodically by K » °I .a machine record system. A ll I l i c e n s e d by the Commission are Am f excePt the following: Aircraft, «mateur, Citizens, Civil A ir Patrol, Dis-

anc* Ship Stations. The resulting wh.uPlent, the F. C. C. Frequency List, ra p°hsists of several volumes ar- tirm i m f.re<iuency order, includes sta- tpr>wl0c,a*'ions’ caH signs and other

**»1 Particulars of each assign- 0- This document is available for No. 92— 4

M a y 9,1956.Take notice that on M ay 4, 1956, an

application was filed with the Federal Power Commission pursuant to section 204 of the Federal Power Act by Com­munity Public Service Company (Appli­cant), a corporation organized under the laws of the State of Delaware and doing business in the States of New Mexico and Texas, with its principal business office at Fort Worth, Texas, seeking an order authorizing the issu­ance of short-term unsecured promissory notes in the maximum principal amount of $3,000,000 prior to June 1, 1957. A p ­plicant has outstanding one short-term promissory note in the aggregate princi­pal amount of $300,000 and proposes to renew this note at maturity and to bor­row on additional short-term promissory notes the aggregate maximum sum of $2,700,000. The short-term promissory notes proposed and the renewals thereof will bear interest at the prime interest rate in effect on the dates of issue or re­newals at Fort Worth, Texas. The pro­posed notes will be issued to evidence loans from Fort Worth banking institu­tions and the maturity of each note will not exceed 120 days from its date.

Any person desiring to be heard or to make any protest with reference to 'said application should on or before the 25th day of M ay 1956, file with the Federal Power Commission, Washington 25, D. C., a petition or protest in accordance with the Commission’s rules of practice and procedure. The application is on file and available for public inspection.

[ se al ] L eo n M . F u q u a y ,Secretary.

[F. R. Doc. 56-3857; Filed, May 15, 1956;8:48 a. m.]

[Docket No. E-6678]

Califo r n ia E lectric P o w er C o .

NOTICE OF APPLICATION

M a y 9, 1956.Take notice that on M ay 4, 1956, an

application was filed with the Federal Power Commission, pursuant to section 204 of the Federal Power Act by Cali­fornia Electric Power Company (Appli­cant) , a corporation organized under the laws of the State of Delaware, and doing business in the States of California and Nevada, with its principal business o f-

fiee at Riverside, California, seeking an order authorizing the issuance and sale of 300,000 shares of Common Stock, par value $1.00 per share. Applicant pro­poses to issue and sell the Common Stock by competitive bidding. The Common Stock will be issued approximately on or about June 19, 1956. The proceeds from the sale of the proposed stock will be used by Applicant to discharge a por­tion of the short-term promissory notes issued to Bank of America National Trust and Savings Association.

Any person desiring to be heard or to make any protest with reference to said application should on or before the 25th day of May 1956, file with the Federal Power Commission, Washington 25, D. C., a petition or protest in accordance with the Commission’s rules of practice and procedure. The application is on file and available for public inspection.

[ seal ] L e o n M . F u q u a y ,Secretary.

[F. R. Doc. 56-3858; Filed, May 15, 1956;8:48 a. m.]

[Docket Nos. G-2867, et al., G-4600]

G as L ands Co m p a n y , et a l . and L ockhart O il C o m p a n y o f T exas

NOTICE OF SEVERANCE AND CONTINUANCE

M a y 9,1956.Notice is hereby given that the appli­

cation of Lockhart Oil Company of Texas in Docket No. G-4600 in the above con­solidated proceeding, and scheduled for a hearing on M ay 16, 1956, at 9:30 a. m., e. d. s. t., is hereby severed therefrom and continued for a hearing at a subsequent date to be set by further notice.

[ seal ] L eo n M . F u q u a y ,Secretary.

[F. R. Doc. 56-3859; Filed, May 15, 1956; 8:48 a. m.]

[Docket No. G-4932 etc.]

M idstates O il Corp .

ORDER CONSOLIDATING PROCEEDINGS

In the matters of Midstates Oil Cor­poration, Docket No. G-4932; Seneca Development Company, Docket No. G-8616; Hassie Hunt Trust, Docket No. G-8618; Hunt Oil Company, Docket No. G-8619; H .'L. Hunt, Docket No. G-8620; Nebo Oil Company, Docket No. G-8621;G . H. Vaughn, Docket No. G-8902; Sun- ray Oil Corporation, Docket No. G-8960; Cotton Valley Operators Committee, Docket No. G-9086; Woodley Petroleum Company, Docket No. G-9772.

During the course of the hearings in the above dockets, Kathleen O ’Boyle Trust No. 2 presented a statement on the record requesting an order of the Commission consolidating the proceed­ings In the Matter of Kathleen O ’Boyle Trust No. 2, Docket No. G-8617, with the above-designated proceedings. The request was made upon the ground that there is only a small amount of money involved in the increase proposed in Docket No. G-8617, and that an en-

3236 NOTICES

deavor is made to avoid a separate pro­ceeding by indicating that Kathleen O ’Boyle Trust No. 2 might adopt in whole or in part much of the testimony presented in the consolidated proceed­ing. In addition, Kathleen O ’Boyle Trust No. 2 filed a written request with the Secretary of the Commission request­ing consolidation.

Kathleen O ’Boyle Trust No. 2 waived notice of the hearing provided by the rules. A ll proposed rates in these con­solidated proceedings pertain to the sales of gas from the Cotton Valley Field, Louisiana, to Louisiana Nevada Transit Company.

The Commission finds: It is appropri­ate in the administration of the Natural Gas Act that the proceedings In the M at­ter of the Kathleen O ’Boyle Trust No. 2, Docket No. G-8617, be consolidated for hearing and determination with the above-designated dockets.

The Commission orders: The proceed­ings In the Matter of the Kathleen O ’Boyle Trust No. 2, Docket No. G-8617, be and they hereby are consolidated with the above-designated dockets for hear­ing and determination in the proceed­ings now in progress.

Issued: M ay 10, 1956.By the Commission.[ seal ] L e o n M. F u q u a y ,

Secretary.[F. R. Doc. 56-3861; Piled, May 15, 1956;

8:48 a. m.]

[Docket No. G-8634]

A merada P etr o leum C o r p .

ORDER VACATING ORDER SUSPENDING PRO­POSED CHANGES IN RATES, REJECTING RATE FILINGS, AND TERMINATING PROCEEDINGS

Amerada Petroleum Corporation (A p ­plicant), by letter dated April 3, 1956, requested the Commission to reject rate filings tendered by it on February 28, 1955, and to rescind orders issued M arch 22,1955, and March 29, 1956, in this pro­ceeding suspending the rate filings and fixing the hearing upon such filings to commence on June 4, 1956, respectively.

On February 28, 1955, Applicant ten­dered for filing Supplements Nos. 2, 3, and 4 to its FPC Gas Rate Schedule No. 24, consisting of a proposed increase in rate of 1 cent per M cf— from 7.5 cents to 8.5 cents per Mcf— for the sale of residue natural gas from the Edmond Gasoline Plant, West Edmond Field, Oklahoma, to Cities Service Gas Com­pany (Cities Service), subject to the jurisdiction of the Commission. By order issued March 22, 1955, the Com­mission suspended and deferred the use of the above-designated supplements until M ay 1, 1955, and until such fu r­ther time as such supplements might be made effective in the manner prescribed by Jthe Natural Gas Act. Applicant has not filed any motion to make the pro­posed rate changes effective, subject to refund, as it is permitted to do under the provisions of the Natural Gas Act.

By order issued M arch 29, 1956, the Commission consolidated the proceeding concerning the lawfulness of the rate filings proposed by Applicant and thir­

teen other proceedings with the proceed­ing in Docket No. G-8549, and fixed June4,1956, as the date for commencement of hearing in the consolidated proceedings. All of the proceedings involve sales of gas in interstate commerce to Cities Service of residue gas from gasoline plants in Edmond Field.

In support of its April 3,1956, request, Applicant states that it is not a signatory party to the basic contract under which residue natural gas from the Edmond Gasoline Plant is sold to Cities Service and which provided for the proposed changes in rates. It appears that Ap ­plicant’s sale of residue natural gas from the Edmond plant to Cities Service is made pursuant to the terms of a contract dated July 5, 1945, as amended, between Phillips Petroleum Company (Phillips) and Continental Oil Company (Con­tinental), sellers, and Cities Service, buyer. The basic contract is on file with the Commission as Phillips’ FPC Gas Rate Schedule No. 68 and Continental’s FPC Gas Rate Schedule No. 91. In ­cluded in the proceedings consolidated with Docket No. G-8549 is the proceed­ing upon the lawfulness of changes in rates proposed by Continental, as re­flected by Supplement No. 10 to Con­tinental’s FPC Gas Rate Schedule No. 91 (Docket No. G-8625).

Applicant further states that its FPC Gas Rate Schedule No. 24 was intended to cover the sales of residue natural gas from the Hunton and Trindle gasoline plants in Edmond Field to Cities Service, and that Applicant is a signatory to the basic contract covering the sales of nat­ural gas from the latter two plants. It appears that such contract, however, does not have any provision for an in­crease in rates above tbe current 7.5 cents per Mcf. Under these circum­stances, Applicant states it has made an improper filing.

The Commission finds :(1) Applicant is not a signatory to the

basic contract involving the sale of resi­due natural gas from the Edmond Gaso­line Plant to Cities Service.- (2) The public interest, therefore, does

not require and there is no substantial basis of justification for the purportedly duplicate rate filings of Applicant inas­much as the basic contract involving Continental and Cities Service is the subject of inquiry in the proceedings consolidated with Docket No. G-8549, and accordingly, under the circum­stances of this case, Applicant’s Supple­ments Nos. 2, 3, and 4 to its FPC Gas Rate Schedule No. 24 should be rejected as improper filings.

(3) The order of the Commission is­sued March 22, 1955, suspending the proposed changes in rates tendered by Applicant on February 28, 1955, should be vacated, and thé proceeding thereon should be terminated.

The Commission orders:(A ) Amerada Petroleum Corporation’s

Supplements Nos. 2, 3, and 4 to its FPC Gas Rate Schedule No. 24 be and they are hereby rejected.

(B ) The order of the Commission is­sued March 22,1955, suspending the pro­posed changes in rates reflected in Amerada Petroleum Corporation’s Sup­plements Nos. 2, 3, and 4 to its FPC Gas Rate Schedule No. 24 as tendered for

filing on February 28, 1955, be and it is hereby vacated.

(C ) The proceeding upon the lawful­ness of Amerada Petroleum Corpora­tion’s Supplements Nos. 2, 3, and 4 to its FPC Gas Rate Schedule No. 24 as ten­dered for filing on February 28, 1955, be and it is hereby terminated.

Issued: M ay 10,1956.By the Commission.[ seal ] L e o n M. F uquay,

Secretary.[F. R. Doc. 56-3860; Filed, May 15, 1956;

8:48 a. m.]

[Docket No. G-10308]

M isso u r i N atural G as Co.

NOTICE OF APPLICATION

M a y 10, 1956.Take notice that Missouri Natural Gas

Company (Applicant), a Missouri cor­poration with principal place of business at Farmington, St. Francois County, Missouri, filed, on April 24, 1956, pur­suant to section 7^ (a ) of the Natural Gas Act, an application for an order di­recting Mississippi River Fuel Corpora­tion to establish physical connections of its natural gas transportation facilities with the proposed natural gas facilities of Applicant and to sell natural gas to Applicant for resale and distribution in the communities of Herculaneum, Pev- ely, and Selma, Jefferson County, Mis­souri, for domestic, commercial and in­dustrial use. The application states that the combined estimated annual volume of gas required by consumers in the towns of Herculaneum and Pevely within 2 years will be 108,000 Mcf and within 5 years will be 221,000 Mcf. The com­bined estimated annual volume of gas required by consumers in the town of Selma within 2 years is stated to be 4,000 M cf and within 5 years is stated to be 5,600 Mcf.

The application, more fully describ­ing the foregoing proposal, is on file with the Commission and open for pub­lic inspection. Protests or petitions to intervene may be filed with the Federal Power Commission, Washington 25, D. £■< in accordance with the Commissions rules of practice and procedure (18 1.8 or 1.10) on or before May 29, luofc

[ seal ] L eon M. F uquay,Secretary.

[F. R. Doc. 56-3862; Filed, May 15, 1956: 8:49 a. m.]

HOUSING AND HOME FINANCE AGENCY

Office of the AdministratorD irector, C o m m u n it y D isposition PR®

gram , C o m m u n it y D isposition Sup visors

delegation of a u t h o r it y w it h rESTO DISPOSITION OF CERTAIN MENT-OWNED PROPERTY AT AEC C0M~L NITIES OF OAK RIDGE, TENN., AND RI LAND, WASH.

1. The Director, Community Dispo ' tion Program (hereinafter called

Wednesday, May 16, 1956 FEDERAL REGISTER 3237

Director), is hereby authorized to exe­cute the powers, functions, and duties transferred to the Housing and Home Finance Administrator (hereinafter called the Administrator) under Execu­tive Order 10657 of February 14, 1956 (21 F. R. 1063, 2/16/1956), with respect to the disposition of certain Government- owned property at the Atomic Energy Commission communities of Oak Ridge, Tennessee, and Richland, Washington, pursuant to the Atomic Energy Commu­nity Act of 1955 (42 U. S. C. 2301), except the Administrator’s power to make the finding required under section 51 of the act (42 U. S. C. 2341).

2. Each Community Disposition Su­pervisor is hereby authorized to execute on behalf of the Administrator any deed,, contract to purchase (installment con­tract of purchase), offer, acceptance, or other form of contract of sale, or other instrument, in connection with the dis­position of the Government’s interest in property at such communities, or lease of such property.

3. The Director, Community Disposi­tion Program, and each Community Dis­position Supervisor is hereby authorized to execute any contract for advertising in connection with the disposition of such property.(Sec. 4 of E. O. Î0657, 21 F. R. 1063 (2/16/ 1956) ; Rev. Stat. sec. 3828, 44 U. S. C. 324; sec. 12 of P. L. 600, 79th Cong. (5 U. S. C. 22a) )

Effective as of the 16th day of M ay 1956.

[seal] O a k l e y H u n t e r ,Acting Housing and Home

Finance Administrator.

[F. R. Doc. 56-3867; Filed, May 15, 1956; 8:49 a. m.]

SECURITIES AND EXCHANGE COMMISSION[File No. 7Q-3470]

Union E lectric Co. of M isso u r i

order granting a pplic a t io n regarding issuance of short term notes

M a y 10,1956.-«.H^^E lectric Company of Missouri (union”), a registered holding com- Jany, having filed with this Commis­sion an application, pursuant to the first t w 6con^ sentences of section 6 (b ) of nfiQ kli° Utility Holding Company Act 1 1935 (“act”) , regarding the following

Proposed transactions: s.As ° f March 31, 1956, Union had out-

nding $10,300,000 of promissory notes, fmm ?laturity nine months or less t Jr of issue, all maturing on Sep-

mber 14, 1956, and bearing interest at , rate ° f 3 y2 percent per annum, the

Sain6 of issuë thereof.exp/.n,°tes were issued pursuant to the iemptive provisions contained in the (hi ant* secon(f sentences of section 6 ma °* ac ' is stated that the p lrnom amount which Union may

issue under such exemptive visions is $16,944,942, or 5 per centum

of the aggregate of the principal amount of Union’s long term debt, the par value of its common stock and the fa ir market value at the dates of issue of its pre­ferred stock without par value.

It is further stated that Union con­templates permanent financing prior to September 14, 1956, through the issue and sale of from $35,000,000 to $40,000,- 000 principal amount of additional First Mortgage Bonds to obtain funds for the repayment of its promissory notes and for continuation of its construction pro­gram, but that economic conditions may make it advisable to consummate such financing in July or August or the early part o f September 1956, rather than dur­ing the months of M ay and June.

The application further states that the estimated cash requirement of Union from external sources during the months April to September 1956, both inclusive, is $18,500,000 and that Union has made informal arrangements with the present holders of its short term notes and with another financial institution for addi­tional borrowings, without any commit­ment fees, as required by Union f*om time to time, to be evidenced by promis­sory notes to be dated as of the date of each particular borrowing, to mature on September 14, 1956, to bear interest at the prime rate effective at the particular time of borrowing, and to be prepayable prior to maturity without premium.

Accordingly, Union requests the Com­mission to enlarge the percentage which Union may borrow, pursuant to the first and second sentences of section 6 (b ) of the act, from 5 percent to 8 percent, such increase to remain in effect until Septem­ber 14, 1956, or such earlier date upon which Union shall have consummated its permanent financing referred to above.

It appearing that no State commission and no Federal regulatory agency, other than this Commission, has jurisdiction over the proposed issue and sale of se­curities; and that no fees, commissions or expenses, other than nominal ex­penses, are to be incurred or paid in con­nection with the proposed transactions; and

Due notice of the filing of the applica­tion having been given in the manner prescribed by Rule U-23 promulgated un­der the act, and no hearing having been requested of or ordered by the Commis­sion; and the Commission finding that the applicable provisions of the act and of the rules promulgated thereunder are satisfied, and deeming it appropriate in the public interest and in the interest of investors and consumers that the appli­cation be granted forthwith;

It is ordered, Pursuant to Rule U-23 and the applicable provisions of the act, that the application be, and it hereby is granted forthwith, subject to the con­ditions specified in Rule U-24.

By the Commission.

[ SEAL ] ORVAL L. DUBOIS,Secretary.

[F. R. Doc. 56-3850; Filed, May 15, 1956;8:47 a. m.]

[File No. 70-3475]

M il w a u k e e G as L ig h t C o . and A m er ic an N atural G as C o .

NOTICE OF FILING REGARDING PROPOSAL BYSUBSIDIARY t o is s u e a n d s e l l f ir s tMORTGAGE BONDS AND COMMON STOCK

May 10, 1956.Notice is hereby given that Milwaukee

Gas Light Company ( “Milwaukee” ), a public-utility company, and its parent, American N a t u r a l Gas Company ( “American Natural” ) , a registered holding company, have filed with this Commission, pursuant to the Public Util­ity Holding Company Act of 1935 (“act” ) , a joint application-declaration regard­ing a proposal by Milwaukee to issue and sell $13,000,000 principal amount of first mortgage bonds and 416,667 shares of $12 par value common stock. Appli- cants-declarants designate sections 6 ( b ) , 9,10,12 ( f ) of the act and Rule U-50 thereunder as applicable to the proposed transactions.

All interested persons are referred to the joint application-declaration on file in the offices of the Commission for a statement of the transactions therein proposed, and which are summarized as follows:

Milwaukee proposes to issue and sell, subject to the competitive bidding re­quirements of Rule U-50, $13,000,000 principal amount of its First Mortgage Bonds, — percent Series due June 1,1981. The interest rate (which shall be a mul­tiple of y8 of 1 percent) and the price, exclusive of accrued interest, to be paid to Milwaukee for the bonds (which shall be not less than 100 percent nor more than 102% percent of the principal amount) will be determined by competi­tive bidding. The bonds will be issued under and secured by the company’s out­standing Mortgage and Deed of Trust, dated November 1, 1950, as heretofore supplemented and as to be further sup­plemented by a Second Supplemental In ­denture to be dated June 1, 1956. The bonds will be issued against the deposit of $13,000,000 of cash with the Trustee. Approximately $8,500,000 of such pro­ceeds will be withdrawn promptly by the certification of unbonded net property additions, and the remainder of approxi­mately $4,500,000 will be similarly with­drawn from time to time as additional unbonded net property additions become available in the course of the large scale expansion program upon which M ilwau­kee is engaged.

Pursuant to an amendment of its Articles of Incorporation, effective April 24, 1956, Milwaukee proposes to increase the number of shares of its authorized $12 par value common stock from 2,000,000 to 2,500,000. Milwaukee also proposes to issue and sell to American Natural, and American Natural proposes to acquire, 416,667 additional shares of Milwaukee’s authorized but unissued $12 par value common stock for a cash con­sideration of $5,000,004.

Milwaukee, pursuant to authorization heretofore given (Holding Company Act Release No. 12954, July 29, 1955), has borrowed, under the Credit Agreement

3238 NOTICESapproved, $10,500,000 evidenced by 3 per­cent notes maturing August 1, 1956. Further borrowings under the Credit Agreement are not expected to be made. All borrowings thereunder are to be repaid concurrently with the issue and sale of the bonds, and the Credit Agree­ment is to be terminated.

Milwaukee represents that the Public Service Commission of Wisconsin is the only State commission having jurisdic­tion over the proposed issuance and sale of bonds and stock, and that no Federal commission, other than this Commission, has jurisdiction over the issuance and sale of these securities. It is also stated that an application has been filed with the Wisconsin commission, and that an order of such commission will be submitted as an amendment to the application-declaration. Milwaukee re­quests that the order of this Commission become effective upon its issuance.

Notice is further given that any inter­ested person may, not later than May 25, 1&56, at 5:30 p. m., e. d. s. t., request in writing that a hearing be held on such matters, stating the nature of his interest, and the issues of fact or law raised by the application-declaration which he desires to controvert, or he may request that he be notified if the Com­mission orders 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 application- declaration as filed or as it may be amended, may be granted and permitted to become effective as provided in Rule U-23 of the rules and regulations pro­mulgated under the act or the Commis­sion may grant exemption from its rules as provided in Rule U-20 (a ) and U-100 or take such other action as it may deem appropriate.

By the Commission.[ seal ] O rval L. D u b o is ,

Secretary.[F. R. Doc. 56-3849; Filed, May 15, 1956;

8:46 a. m.]

[File No. 812-1002]

W isc o n s in F u n d , I n c .

NOTICE OF FILING OF APPLICATION FOR ORDER EXEMPTING PURCHASE OF SECURI­TIES FROM AFFILIATES DURING EXISTENCE OF UNDERWRITING SYNDICATE

May 10,1956.Notice is hereby given that Wisconsin

Fund, Inc. ( “Wisconsin”), a registered open-end, diversified investment com­pany, has filed an application pursuant to sections 10 ( f ) and 17 (b ) of the In ­vestment Company Act of 1940 (“act”) for an order of the Commission ex­empting from the provisions of sections 10 ( f ) and 17 (a ) the purchase by W is­consin of not to exceed 2,500 shares of Cumulative Preferred Stock of Anderson Prichard Oil Corporation ( “Preferred Stock”) during the existence of the underwriting syndicate mentioned below.

The application states that The M il­waukee Company (“Milwaukee”) and Glore, Forgan & Co. ( “Glore, Forgan”)

are members of a syndicate which has underwritten the public offering of 200,000 shares of the Preferred Stock at an initial public offering price of $50.50 per share, which is the price to be paid by Wisconsin. The Preferred Stock has a par value of $50 per share, is en­titled to cumulative dividends at a rate o f 4 y4 percent annually, and is convert­ible on or before M ay 31, 1966, into com­mon stock at a price of $37.50 per share. Edgar, Ricker & Co. ( “Edgar, Ricker” ) , the investment adviser and manager of Wisconsin, is a wholly owned subsidiary of Milwaukee. Glore, Forgan, through a contract with Edgar, Ricker also acts as investment adviser to Wisconsin. By definition under the act, Edgar, Ricker and Glore, Forgan are affiliated persons of Wisconsin, and Milwaukee and Edgar, Ricker are affiliated persons of each other.

Section 10 ( f ) of the act provides, among other things, that no registered investment company shall knowingly purchase or otherwise acquire, during the existence of any underwriting or selling syndicate, any security (except a security of which such company is the issuer) a principal underwriter of which is an investment adviser of such regis­tered company or is a person of which any such investment adviser is an affili­ated person. The Commission may ex­empt a transaction from this prohibition if and to the extent that such exemption is consistent with the protection of in­vestors. Section 17 (a ) of the act, among other things, prohibits an affili­ated person of a registered investment company, of any affiliated person of such a person, from selling to such registered investment company any securities or property, subject to certain exceptions not pertinent here. The Commission upon application pursuant to section 17 (b ) may grant an exemption from the prohibitions of section 17 (a ) if it finds that the terms of the proposed transac­tion, including the consideration to. be paid or received, are reasonable and fair and do not involve overreaching on the part of any person concerned, that the proposed transaction is consistent with the policy of the registered investment company concerned, as recited in its registration statement and reports filed under the act, and is consistent with the general purposes of the act.

It is Wisconsin’s policy to invest its funds largely in common stocks, with in­vestments in bonds and preferred stocks made, however, whenever and to the ex­tent deemed advisable. The application states that the decision to purchase the preferred stock was made by Wisconsin’s Investment Committee, which has five members, only one of whom is connected with Milwaukee and none of whom has any connection with Glore, Forgan. The Committee, it is stated, deemed the pur­chase of the preferred stock desirable be­cause of the high quality of the stock, the attractive yield of 4.21 percent con­sidering the conversion privilege, and the right to convert into common stock at $37.50 per share as compared with the existing market price of $34.25 per share of common stock.

The 2,500 shares of Preferred Stock purchased by Wisconsin represent 1.25

percent of the total offering and have a total value at the initial offering price equalling 1.19 percent of Wisconsin’s total net assets of $10,644,941 at Decem­ber 31, 1955. The offering of the Prefer­red Stock was made on April 24, 1956, and the application states that the en­tire issue was oversubscribed and that as high as $52.50 per share was bid for the stock.

Notice is further given that any in­terested person may, not later than May24,1956, at 5:30 p. m., submit to the Com­mission in writing any facts bearing upon the desirability of a hearing on the matter and may request that a hearing be held, such request stating the nature of his interest, the reasons for such re­quest and the issues, if any, of fact or law proposed to be controverted, or he may request that he be notified if the Com­mission should order a hearing thereon. Any such communication or request should be addressed: Secretary, Securi­ties and Exchange Commission, Wash­ington 25, D. C. At any time after said date, the application may be granted as provided in Rule N -5 of the rules and regulations promulgated under the act.

By the Commission.[SEAL] ÔRVAL L. DuBOIS,

Secretary.

[F. R. Doc. 56-3851; Filed, May 15, 1956;8:47 a. m.]

UNITED STATES TARIFF COMMISSION

[Investigations 52, 53]

Straight (D ressmakers’ or Common) P in s and S afety P ins

in ve st ig a t io n in st itu te d and publicHEARINGS ORDERED

Investigations instituted. Upon sep­arate applications of the Vail Manufac­turing Co., Chicago, Illinois, and others and the lie Long Hook and Eye Co- of Philadelphia, Pa. and others, received April 30, 1956, the United States Tariff Commission, on the 10th day of May 1956, under the authority of section 7 of the Trade Agreements Extension Act of 1951, as amended, and section 332 of the Tariff Act of 1930, instituted investi­gations to determine whether straight (dressmakers’ or common) pins (Inves­tigation No. 52) and safety pins (In* vestigation No. 53) provided for in para­graph 350 of the Tariff Act of 1930, are, as a result in whole or in part of the duty or other customs treatment reflect­ing concessions granted thereon under the General Agreement on Tariffs ana Trade, being imported into the United States in such increased quantities, either actual or relative, as to cause or threaten serious injury to the domestic industries producing like or directly competitive products.

Hearings ordered. Public hearings m these investigations were ordered by the Tariff Commission to begin at 10 a. m-> e. d. s. t., on September 18,1956 (Investi­gation No. 52) and at 10 a. m., e. d. s. t-> on September 19,1956 (Investigation 53) in the Hearing Room of the Tana Commission, Eighth and E Streets Nw-

Wednesday, May 16, 1956 FEDERAL REGISTER 3239

Washington, D. C., at which hearings all interested parties will be given opportu­nity to be present, to produce evidence, and to be heard.

Requests to appear at hearings. In ­terested parties desiring to appear and give testimony at either hearing should notify the Secretary of the Commission, in writing, at least three days in advance of the date of the hearing.

Inspection of application. The ap­plications filed are available for public inspection at the office of the Secretary, United States Tariff Commission, Eighth and E Street NW ., Washington, D. C., and in the New York office of the Tariff Commission, located in Room 437 of the Custom House, where they may be read and copied by persons interested.

Issued: May 11,1956.By order of the Commission.[seal] D o n n N . B e n t ,

Secretary.

[P. R. Doc. 56-3870; Filed, May 15, 1956;8:50 a. m.]

INTERSTATE COMMERCE COMMISSION

[Notice 112]

Motor C arrier A pplicatio ns

M a y 11,1956.Protests consisting of an original and

two copies to the granting of an appli­cation must be filed with the Commission within 30 days from the date of publi­cation of this notice in the F ederal R eg­ister and a copy of such protest served on the applicant. Each protest must clearly state the name and street num­ber, city and state address of each pro- testant on behalf of whom the protest is filed (49 CFR 1.240 and 1.241). Fail­ure to seasonably file a protest will be construed as a waiver of opposition and Participation in the proceeding unless an oral hearing is held. In addition to other requirements of Rule 40 of the general rules of practice of the Commis­sion (39 CFR 1.40), protests shall include a request for a public hearing, if one is desired, and shall specify with particu­larity the facts, matters, and things re - ued upon, but shall not include issues or allegations phrased generally. Protests containing general allegations may be Ejected. Requests for an oral hearing jnust be supported by an explanation as . why the evidence cannot be submitted 111 forms of affidavits. Any interested Person, not a protestant, desiring to re­ceive notice of the time and place of any tearing, pre-hearing conference, taking ™ depositions, or other proceeding shall PPhfy the Commission by letter or tele- 5?® within 30 days of publication of “ts notice in the F ederal R egister . except when circumstances require im­mediate action, an application for ap - oMif’ un<*er section 210a (b ) of the act, 1 the temporary operations of Motor arrier properties sought to be acquired an application under section 5 (2) will

j be disposed of sooner than 10 days ¿°m the date of publication of this no- ace m the F ederal R egister. I f a pro­

test is received prior to action being taken, it will be considered.

a pplic a t io n s of m otor carriers ofPROPERTY

No. M C 340 Sub-11, filed April 30, 1956, QUERNER T R U C K LINES, INC., 1131 Austin Street, San Antonio, Tex. Appli­cant’s attorney: Joe T. Lanham, Perry- Brooks Building, Austin, Tex. For au­thority to operate as a common carrier, over irregular routes, transporting: Wool and mohair, from points in Texas to points in Missouri, Illinois, Wisconsin, Indiana, Ohio, Michigan, North Caro­lina, South Carolina, Tennessee, New Jersey, New York, Pennsylvania, Con­necticut, Massachusetts, Rhode Island, New Hampshire, Maine, and Georgia.

Note: Applicant states that service will be over irregular schedules, on call or demand, when moving in interstate commerce on the same vehicles with commodities which are regulated and authorized to be transported by applicant.

No. M C 665 Sub 50, filed April 30, 1956, M ISSO U R I-A R K A N SA S TR A N SPO R ­TA T IO N COM PANY, a corporation, 1505 Maiden Lane, Joplin, Mo. For authority to operate as a common carrier, over a regular route, transporting: General commodities, except those of unusual value, Class A and B explosives, live­stock, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment, be­tween Eldon, Okla., and Evansville, Ark., from junction U. S. Highway 62 and Oklahoma Highway 51 at Eldon, over Oklahoma Highway 51 to junction Arkansas Highway 156 at the Oklahoma- Arkansas State line, thence over Arkan­sas Highway 156 to junction Arkansas Highway 59 at Evansville, and return over the same route, serving no inter­mediate points, but serving junction Arkansas Highways 156 and 59 for joinder purposes only, as an alternate route for operating convenience only, in connection with applicant’s regular route operations (1) between Fayetteville, Ark., and Muskogee, Okla, and (2) be­tween Summers, Ark., and Van Buren, Ark. Applicant is authorized to conduct operations in Arkansas, Kansas, M is­souri, and Oklahoma.

Note: Applicant requests that duplicating authority be eliminated.

No. M C 730 Sub 65, filed M ay 4, 1956, PACIFIC IN T E R M O U N T A IN EXPRESS CO., a corporation, 299 Adeline Street, Oakland, Calif. Applicant’s attorney: William B. Adams, Pacific Building, Portland 4, Oreg. For authority to operate as a common carrier, over ir­regular routes, transporting: Sulphuric acid, in bulk, in tank vehicles, from Kel­logg, Idaho, to points in Washington on and east of U. S. Highway 97, except the points of Hedges, Chewelah and Rich­land.

No. M C 2858 Sub 16, filed M ay 1, 1956, PA U L W . SNYDER, INC., Pitt and K Streets, Carlisle, Pa. Applicant’s repre­sentative: Everett B. Lackie, 4114 West­chester Road, Baltimore 16, Md. For authority to operate as a common car­rier, over irregular routes, transporting: New passenger automobiles, including ambulances, hearses and taxis, and auto­

mobile chassis', in initial movements, by the truckaway method, from Newark, Del., to points in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, M as­sachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, and the District of Columbia; damaged vehicles, as stipu­lated above, on return. Applicant is au­thorized to conduct operations in Michigan, Pennsylvania, Delaware, Maryland, Ohio, and New York.

No. M C 15214 Sub 26, filed April 30, 1956, M ER CU R Y M O TO RW AYS, INC., 947 Louise Street, P. O. Box 689, South Bend 18, Ind. Applicant’s attorney: Glenn W . Stephens, 121 West Doty Street, Madison 3, Wis. For authority to operate as a common carrier, trans­porting: General commodities, except those of unusual value, Class A and B explosives, livestock, commodities in bulk and those requiring special equip­ment, between Fort Wayne, Ind., and Coldwater, M ich.; from Fort Wayne over U. S. Highway 27 to the Indiana- M ichi­gan State line, thence over U. S. Highway 27 to junction with U. S. Highway 112 at Coldwater, and return over the same route, serving no intermediate or off- route points, as an alternate route fo r operating convenience only in connec­tion with applicant’s authorized regular route operations in Certificate No. M C 15214. Applicant is authorized to con­duct operations in Illinois, Ohio, Indiana, Michigan, and Wisconsin.

No. M C 21955 Sub 9, filed M ay 1, 1956, LAW R EN CE E. SPAEDE, 675 Carey Avenue, W ilkes-Barre, Pa. Applicant’s representative: Everett B. Lackie, 4114 Westchester Road, Baltimore 16, Md. For authority to operate as a common carrier, over irregular routes, transport­ing : New passenger automobiles, includ­ing ambulances, hearses and taxis, and automobile chassis, in initial movements, by the truckaway method, from Newark, Del., to points in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Penn­sylvania, Rhode Island, South Carolina, Vermont, Virginia, W est Virginia, and the District of Columbia; damaged ve­hicles, as stipulated above, on return. Applicant is authorized to conduct op­erations in Pennsylvania, New York, Ohio, and Michigan.

No. M C 37473 SUb 16, filed M ay 2 1956, D E T R O IT -P IT T SB U R G H M O ­TO R FREIGH T, INC., 5324 Grant Ave­nue, Cuyahoga Heights, Ohio, and mail-* ing address: P. O. Box 392, Station D, Cleveland 27, Ohio. Applicant’s attor­ney: Taylor C. Burneson, 3510 JLeveque- Lincoln Tower, Columbus 15, Ohio. For authority to operate as a common car­rier, transporting: General commodi­ties, except those of unusual value, Class A and B explosives, livestock, household goods as defined by the Commission and commodities in bulk, serving Twins- burg, Ohio, and points within two miles of Twinsburg, as off-route points in connection with applicant’s authorized regular route operations between Can­ton, Ohio, and Detroit, Mich., in Cer­tificate No. M C 37473. Applicant is au -

3240 NOTICESthorized to conduct operations in Illinois, Indiana, Kentucky, Michigan, New York, Ohio, Pennsylvania and West Virginia.

No. M C 42769 Sub 14, filed May 1, 1956, LESLIE REESER, R. D. No. 1, York Haven, Pa. Applicant’s represent­ative: Everett B. Lackie, 4114 W est­chester Road, Baltimore 16, Md. For authority to operate as a common car­rier, over irregular routes, transporting: New Passenger automobiles, including ambulances, hearses and taxis, and auto­mobile chassis, in initial movements, by the truckaway method, from Newark, Del., to points in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusettes, New Hanmpshire, New Jersey, New York, North Carolina, Penn­sylvania, Rhode Island, South Carolina, Vermont, Virginia, W est Virginia, and the District of Columbia; damaged ve­hicles, as stipulated above, on return. Applicant is authorized to conduct op­erations in New York, Pennsylvania, Ohio, and Michigan.

No. MC 49504 Sub 10, filed April 25, 1956, BERNARD L. McCUE, doing busi­ness as McCUE TRANSFER, 317 North Lorraine Street, Hutchinson, Kans. Applicant’s representative: C. A. Ross, 1004-1005 Trust Building, Lincoln 8, Nebr. For authority to operate as a com­mon carrier, over irregular routes, trans­porting: (1) Binder Twine, from points in Texas to points in Colorado, Iowa, Kansas, Nebraska and South Dakota. (2) Cotton Seed Cake, from points in Arkansas, New Mexico and Texas to points in Kansas, Nebraska and Okla­homa. (3) Linseed meal, and Soya Bean Meal from Minneapolis and St. Paul, Minn., to points in Colorado, Nebraska, Kansas and Oklahoma. (4) Lumber, from points in Arkansas, New Mexico, and Texas to points in Kansas, Nebraska, and Oklahoma. (5 ) Salt, and Salt Com­pounds, from Hutchinson and Lyons, Kans., to points in Catron, Chaves, De Baca Dona Ana, Eddy, Grant, Hidalgo, Lea, Lincoln, Luna, McKinley, Otero, Roosevelt, Sondoval, San Juan, Sierra, Socorro, and Valencia Counties, N. Mex., and (6) Salt, in bulk, from Kanopolis, Kans. and points within two (2) miles thereof, to North Platte, Nebr., and empty containers and other such inci­dental facilities (not specified), used in transporting the commodities specified in- this application, on return.

No. MC 50413 Sub 5, filed April 30, 1956, K IR B E R Y TRANSPO R TATIO N , INC., 425 Main Street, Woodbridge, N. J. Applicant’s attorney: August W . Heck­man, 880 Bergen Avenue, Jersey City 6, N. J. For authority to operate as a con­tract carrier, over irregular routes, trans­porting: No. 2 Fuel oil, in bulk, in tank vehicles, from Windgap, Pa., to Philiips- burg, (W arren County), N. J. Applicant is authorized to transport gasoline, kero­sene and heating oil from Bayonne, N. J., to Allentown and Wilkes-Barre, Pa. and Middletown, N. Y.

No. M C 54855 Sub 2, filed April 30, 1956, LOUISVILLE, N E W A LB A N Y AND CORYDON RAILR O AD COM PANY, A Corporation, Walnut and W ater Streets, Corydon, Ind. Applicant’s attorney: C. Blaine Hays, Jr., 101-103 East Chestnut Street, Corydon, Ind. For authority to

opérate as a common carrier, over irregu­lar routes, transporting: General com­modities, except those of unusual value, Class A and B explosives, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment, between points in that part of Floyd and Harrison Counties, Ind., bounded by a line commencing at U. S. Highway 460 at New Albany, Ind. and continuing in a westerly direction to junction with Indiana Highway 64, thence in a westerly direction along In ­diana Highway 64 to Milltown, Ind., thence in a southerly direction over un­numbered highway to Leavenworth, Ind., thence in a southeasterly direction along the Ohio River to New Boston, Ind., and thence in a northerly direction over In ­diana Highway 111 to New Albany, Ind., on the one hand, and, on the other, Louis­ville, Ky., excluding points on Indiana Highway 64 but including all other intermediate and off-route points on the indicated portions of the highways specified. Applicant is authorized to conduct operations in Indiana and Ken­tucky.

No. M C 55874 Sub 17, filed M ay 4, 1956, INDEPEND ENT TRUCKERS, INC., 4684 Leavenworth Street, Omaha 6, Nebr, For authority to operate as a common carrier, transporting: General commodities, except those of unusual value, Class A and B explosives, livestock, household goods as defined by the Com­mission, commodities in bulk, and those requiring special equipment (other than those requiring refrigeration), serving the site of the Glenn L. Martin Com­pany plant, located approximately ten (10) miles south of Denver, Colo., north of Colorado Highway 75, opposite the community of Kassler (W aterton ), Colo., as an off-route point in connection with applicant’s regular route operations to and from Denver, Colo. Applicant is au­thorized to conduct operations in Colo­rado, Illinois, Indiana, Iowa, and

No. MC 56082 Sub 15, filed March 12, 1956, DAVIS & RANDALL, INC., Chau­tauqua Road, Fredonia, N. Y., P. O. Box 209, Dunkirk, N. Y . Applicant’s attor­ney: Kenneth T. Johnson, Bank of Jamestown Building, Jamestown, N. Y. For authority to operate as a common carrier, over irregular routes, transport­ing: Malt beverages, from Nadick Town­ship, Middlesex County, Mass., to points in New York, New Jersey, Pennsylvania, and M aryland; empty malt beverage con­tainers on return. Applicant is author­ized to conduct operations in New York, Pennsylvania, and Ohio.

No. M C 59613 Sub 19, filed April 27, 1956, TH E IN T E R -C IT Y T R U C K IN G COMPANY,- a corporation, 132 Legion Street, Johnson City, Tenn. For author­ity to operate as a common carrier, over a regular route, transporting: General commodities, except those of unusual value, Class A and B explosives, live­stock, household goods as defined by the Commission, commodities in bulk, and those requiring special equipment, be­tween Tuscumbia, Ala., and Tupelo, Miss., from Tuscumbia over U. S. H igh­way 43 to Hamilton, Ala., thence over U. S. Highway 78, to Tupelo, and return Over the same route, serving no inter­

mediate points, as an alternate route for operating convenience only in connec­tion with applicant’s regular route operations (1) between Memphis, Tenn,, and Florence, Ala., and (2) between Memphis, Tenn., and Columbus, Miss. Applicant is authorized to conduct operations in Alabama, Arkansas, Missis­sippi, and Tennessee.

No. M C 60846 Sub 5, filed April 30, 1956, STANLEY OSM ULSKI, Mountain Avenue, Springfield, N. J. Applicant’s representative: Bert Collins, 140 Cedar Street, New York 6, N. Y. For authority to operate as a common carrier, over ir­regular routes, transporting: Cement blocks and cinder blocks, from Ridge­field Park, N. J., to points in Connecticut, New York and Pennsylvania, and empty

Containers or other such incidental fa­cilities used in transporting the com­modities specified on return. Applicant is authorized to conduct operations in New Jersey, New York, Connecticut, and Pennsylvania.

N o t e : Applicant has contract carrier authority under Permit Nos. MC 107725 and MC 107725 Sub 1. Section 210 may be in­volved.

No. M C 64932 Sub 207, filed April 30, 1954, ROGERS CARTAGE CO., A cor­poration, 1934 South Wentworth Avenue, Chicago, 111. Applicant’s attorney: Carl L. Steiner, 39 South La Salle Street, Chi­cago 3, 111. For authority to operate as a common carrier, over irregular routes, transporting: Liquid latex, in bulk, in tank vehicles, from points in the St. Louis, Mo., Commercial Zone, as defined by the Commission to points in Illinois, Indiana, Michigan, Minnesota, Iowa, and Kansas.

No. M C 64932 Sub 208, filed April 30, 1956, ROGERS CARTAGE CO., a corpo­ration, 1934 South Wentworth Avenue, Chicago, 111. Applicant’s attorney: Carl L. Steiner, 39 South La Salle Street, Chi­cago 3, 111. For authority to operate as a common carrier, over irregular routes, transporting: Liquid chemicals, includ­ing but not limited to ethylene gas and cyclohexene, in bulk, in tank vehicles, between Houston, Galveston, Freeport, and Port Arthur, Tex.,' on the one hand, and, on the other, points in Louisiana.

No. M C 64932 Sub 209, filed April 30, 1956, ROGERS CAR TAG E CO., a cor­poration, 1934 South Wentworth Avenue, Chicago, 111. Applicant’s attorney: Carl L. Steiner, 39 South La Salle Street, Chi­cago 3, 111. For authority to operate as a common carrier, over irregular routes, transporting: Aqua ammonia solutions, and nitric acid, in bulk, in tank vehicles, from West Henderson, Ky., to points in Indiana, Ohio, Michigan, Missouri, Iowa, Minnesota, and Wisconsin.

No. MC 69271 Sub 2, filed May 1,1956, M cARDLE & CASAZZA TRUCKING CO., INC., 374 South Pearl Street, Albany, N. Y. Applicant’s attorney: William R Traub, 60 East 42d Street, New York n. N. Y . For authority to operate as a common carrier, transporting: General commodities, except those of unusua value, Class A and B explosives, house­hold goods as defined by the Commis­sion, commodities in bulk, and those requiring special equipment, serving Mechanicville, Schuylerville, Saratoga

FEDERAL REGISTER 3241Wednesday, May 16, 1956

and Ballston Spa, N. Y., as off-route points in connection with applicant’s regular route operations between Albany and Waterford, over New York Highway 32. Applicant is authorized to conduct operations in New York.

No. MC 69752 Sub 15 (am ended), pub­lished March 7, 1956, issue page 1472, filed February 23, 1956, ZUZICH T R U C K LINE, INC., 120 Kansas Avenue, Kansas City, Kans. Applicant’s attorney: J. F. Miller, 500 Board of Trade Building, Kansas City, Mo. For authority to oper­ate as a contract carrier, over irregular routes, transporting: Fresh meats, meat products, meat by-products, and articles distributed by meat packing houses from Peoria, 111., and Des Moines, Dubuque, Cedar Rapids, Marshalltown, Fort Dodge, Mason City and Ottumwa, Iowa, to A r­kansas City, Kans., and empty contain­ers or other such incidental facilities (not specified) used in transporting the commodities specified in this applica­tion, and damaged^ shipments of the above indicated commodities, on return. Applicant is authorized to conduct oper­ations in Kansas, Illinois, Oklahoma, Missouri, Indiana, and Iowa.

No. MC 83430 Sub 8, filed April 11, 1956, ONEIDA M O TO R FREIGH T, INC., 445-447 Washington Street, New York,N. Y. Applicant’s attorney: Harris J. Klein, 280 Broadway, New York 7, N. Y. For authority to operate as a common carrier, over irregular routes, transport­ing: General commodities, except those of unusual value, Class A and B explo­sives, liquor, tobacco, silks, household goods as defined by the Commission, commodities in bulk, and commodities requiring special equipment, between points within twenty-five (25) miles of Rochester, N. Y . Applicant is author­ized to conduct operations in New York and New Jersey.

Note: Applicant states that purpose of the application is to enable it to render pickup and delivery service in the above-indicated area.

No. MC 96448 Sub 2, filed M ay 1, 1956, BROOK LEDGE INC., 210 M ain Street, Hackensack, N. J. Applicant’s represen­tative: Bert Collins, 140 Cedar Street, New York 6, N. Y. For authority to op­erate as a common carrier, over irregu­lar routes, transporting: Horses (other than ordinary livestock), and equipment and paraphernelia incidental to the transportation, care, and display of such horses, between points in New York and New Jersey, on the one hand, and, on the other, points in Rhode Island, Dis­trict of Columbia, Ohio, and Kentucky. Applicant is authorized to conduct oper­ations in the states of New York, New Jersey, Massachusetts, Connecticut, Pennsylvania, Delaware, Maryland, V ir- ginia, and West Virginia.

No. MC 102516 Sub 3, filed M ay 3,1956, RAYMOND J. HASSE, doing business as R' J. HASSE TR U C K IN G CO., 714 25th Avenue, Monroe, Wis. Applicant’s at­torney: Adolph J. Bieberstein, 121 West Hoty Street, Madison 3, Wis. For au­thority to operate as a contract carrier, over irregular routes, transporting: (1) Butter, from Monroe and Brodhead, Wis., t? Chicago, 111., and (2) cheese, from Nauvoo, 111,, to Burlington, Iowa. Ap­

plicant is authorized to conduct opera­tions in Illinois, Iowa, and Wisconsin.

No. M C 103993 Sub 70, filed M ay 3, 1956, M O R G A N D R IV E -A W A Y , INC., 509 Equity Building, Elkhart, Ind. A p ­plicant’s attorney: John E. Lesow, 632 Illinois Building, 17 West Market Street, Indianapolis 4, Ind. For authority to operate as a common carrier, over ir­regular routes, transporting: Trailers, designed to be drawn by passenger auto­mobiles, in initial movements, by truck - away method, from Coffeyville, Kans., and points within 10 miles thereof, to all points in the United States. Applicant is authorized to conduct operations throughout the United States.

No. M C 105217 Sub 37, filed March 15, 1956, R ICE T R U C K LINES, A Corpora­tion, 712 Central Avenue West, Great Falls, Mont. Applicant’s attorney: R an ­dall Swanberg, 527-29 Ford Building, Great Falls, Mont. For authority to operate as a common carrier, over ir­regular routes, transporting: Petroleum and petroleum products, in bulk, in tank vehicles, from Seattle and Anacortes, Wash., and points within ten miles of each, to Eastport, Idaho. Applicant is authorized to conduct operations in Idaho, Montana, and Washington.

Note: Applicant states the above trans­portation is for ultimate delivery in foreign . commerce.

No. M C 106049 Sub 27, filed M ay 3, 1956, A T LA N T A -N E W ORLEANS M O ­TO R FR E IG H T CO., 260 University Avenue SW., P. O. Box 1222; Atlanta 15, Ga. Applicant’s attorney: Allan W at­kins, 214 Grant Building, Atlanta 3, Ga. For authority to operate as a common carrier, over regular routes, transport­ing : General commodities, except those of unusual value, Class A and, B ex­plosives, household goods as defined by the Commission, commodities in bulk, and commodities requiring special equip­ment, between Monroeville, Ala., and Mobile, Ala., from Monroeville over U. S. Highway 84 to junction U. S. Highway 43, near Grove Hill, Ala., thence over U. S. Highway 43 to Mobile, and return over the same routes serving the inter­mediate points of Jackson, McIntosh, and Le Moyne, Ala. and off-route points within five (5) miles of Le Moyne. A p ­plicant is authorized to conduct opera­tions in Georgia, Alabama, Florida, Lou­isiana, and Mississippi.

No. M C 106398 Sub 64, filed M ay 4, 1956, N A T IO N A L T R A ILER CONVOY, INC., 1916 North Sheridan Road, P. O. Box 8096, Dawson Station, Tulsa 15, Okla. Applicant’s attorney: John E. Le­sow, 632 Illinois Building, Indianapolis 4, Ind. For authority to operate as a com­mon carrier, over irregular routes, trans­porting \ Commercial trailers and special purpose trailers, in initial movements, in truckaway service, from Camphill, Pa., to points in the United States. Applicant is authorized to conduct operations throughout the United States.

No. M C 107002 Sub 95, filed M ay 3, 1956, W ALT E R M. CHAM BERS, doing business as W . M. CHAM BERS TR U C K LINE, 105 Giuffrias Avenue, P. O. Box 687, New Orleans, La. For authority to operate as a common carrier, over irreg­ular routes, transporting: Petroleum and

petroleum products, from Memphis, Tenn., to Benton and Bauxite, Ark. Ap ­plicant is authorized to conduct opera­tions in Alabama, Arkansas, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missis­sippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Penn­sylvania, Texas, West Virginia, Wiscon­sin, and the District of Columbia.

No. MC 107496 Sub 76, Filed M ay 3, 1956, R U AN TR AN SPO R T CO RPO RA­TIO N , 408 Southeast 30th Street, Des Moines, Iowa. For authority to operate as a common carrier, over irregular routes, transporting: Vegetable oils, fish oils, non-edible oils, fatty acids, blended or prepared paint oils, blended or pre­pared varnish oils, liquid synthetic resin, surface coating resin compound and ester gum, in bulk, in tank vehicles, from Minneapolis, and St. Paul, Minn., to points in Colorado, Nebraska, Kansas, Oklahoma, Arkansas, Louisiana, Tennes­see, Kentucky, Ohio, Indiana and Texas.

No. M C 107879 Sub 12, filed M ay 1, 1956, J. H. SPRECHER IN CO R PO R ­ATED, P. O. Box 224, Lebanon, Pa. A p ­plicant’s representative: Everett B. Lackie, 4114 Westchester Road, Balti­more 16, Md. For authority to operate as a common carrier, over irregular routes, transporting: Hew passenger au­tomobiles', including ambulances, hearses and taxis, and automobile chassis, in ini­tial movements, by the truckaway method, from Newark, Del., to points in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachu­setts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, and the District of Columbia; damaged vehicles, as stip­ulated above, on return. Applicant is authorized to conduct operations in New York, Michigan, Delaware, Pennsylvania, and Ohio.

No. M C 108207 Sub 51, filed April 23, 1956, FROZEN FO O D EXPRESS, a cor­poration, 318 Cadiz Street, P. O. Box 5382, Dallas, Tex. Applicant’s attorney: Leroy Hallman, First National Bank Building, Dallas 2, Tex. For authority to operate as a common carrier, over irregu­lar routes, transporting: (1) Frozen foods, from Lafayette, Ind., to points in Missouri, Kansas, Oklahoma, Arkansas, Louisiana, Texas, Mississippi, and Mem­phis, Tenn.; (2) salads, requiring re­frigeration in transit, and dairy products, as defined by the Commission, from Van Wert, Ohio, to points in Oklahoma, Texas, Arkansas, Louisiana, Mississippi, and Memphis, Tenn.; and (3) frozeh foods, from Brownsville, Harlingen, Eagle Pass, Carrizo Springs, San Antonio, and Dallas, Tex., and points within 15 miles of each, to points in Indiana, Ohio, and Kentucky. Applicant is authorized to conduct operations in Arkansas, Califor­nia, Illinois, Iowa, Kansas, Louisiana, Michigan, Mississippi, Missouri, N e­braska, Ohio, Oklahoma, Tennessee, Texas, and Wisconsin.

No. M C 108605 Sub 5, filed April 27, 1956, G EO R G E D. SULLIVAN and A R T H U R E. SULLIVAN, doing business as SU LLIVAN BROTHERS, 515 Carroll Street, Horseheads, N. Y . Applicant’s attorney: James L. Burke, 315 Lake

3242 NOTICESStreet,, Elmira, N . Y. For authority to operate as a common carrier, over a regu­lar route, transporting: General com­modities ( including Class A and B explosives) , between Himrod, N. Y., and Penn Yan, N. Y., from Himrod over un­numbered highway via Milo Center to junction New York Highway 14-A, thence over New York Highway 14-A to Penn Yan, and return over the same route, serving no intermediate points, but join­ing, tacking, or combining the authority herein requested with operations over applicant’s authorized regular routes. R E ST R IC T IO N : Applied-for authority shall be limited to service which is auxili­ary to, or supplemental of, rail service of the Pennsylvania Railroad; service shall not be rendered from or to, or traffic interchanged at, any point other than a station on the lines of said Railroad; shipments transported shall be limited to those moving on a through bill of lad­ing covering, in addition to movement by applicant, a prior or subsequent movement by rail; and the transporta­tion service shall be subject to further specific conditions as the Commission, in the future, may find it necessary to im­pose in order to restrict the carrier’s operations by motor vehicle to service which is auxiliary to, or supplemental of, rail service of the Pennsylvania Railroad. Applicant is authorized to conduct operations in New York.

No. M C 108703 Sub 20, filed M ay \ 1956, LEE & EASTES, INC., 2326 Airport Way, Seattle, Wash. Applicant’s attor­ney: Donald D. Fleming, 1405 Hoge Building, Seattle 4, Wash. For authority to operate as a common carrier, trans­porting : General commodities, except those of unusual value, Class A and B explosives, livestock, household goods as defined by the Commission, petroleum products in bulk, and those requiring special equipment, serving sites and projects connected with the construc­tion of Priest River Dam, located in Grant County, Wash., and all points in Grant County, Wash., as off-route points in connection with applicant’s regular route operations between Portland, Oreg., and Seattle, Wash., on the one hand, and, on the other, Pasco, W ash .. Applicant is authorized to conduct operations in Oregon and Washington.

No. M C 108735 Sub 6, filed M ay 1,1956, NICH O LAS KALAM AN, doing business as K & C TRANSPORT, Manor Road, Glen Arm, Md. Applicant’s representa­tive: Everett B. Lackie, 4114 Westchester Road, Baltimore 16, Md. For authority to operate as a common carrier, oyer ir ­regular routes, transporting: New pas­senger automobiles, including ambu­lances, hearses and taxis, and automo­bile chassis, in initial movements by the truckaway method, from Newark, Del., to points in Connecticut, Delaware, Flor­ida, Georgia, Maine, Maryland, Massa­chusetts, New Hampshire,-New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, and the District of Columbia; damaged vehicles, as stip­ulated above, on return. Applicant is authorized to conduct operations in Michigan, Maryland, Ohio, New York, and Washington, D. C.

N o.M C 110190S u b 35 (corrected),filed April 18, 1956, published in the May 2, 1956, issue, on page 2905, P E N N -D IX IE LINES, INC., P. O. Box 42, 2000 South George Street, York, Pa. Applicant’s attorney: Robert R. Hendon, Investment Building, Washington 5, D. C. For au­thority to operate as a common carrier, over irregular routes, transporting: Rice, agricultural commodities, and fish ( including shell fish) , from points in Arkansas and Louisiana to points in Delaware, Maryland, New Jersey, New York, Pennsylvania and the District of Columbia. Applicant is authorized to conduct operations in Delaware, Louisi­ana, Maryland, Pennsylvania, New Jer­sey, and New York.

Note: Applicant states in so far as the above commodity description describes “Agricultural commodities, and fish (in ­cluding shell fish )”, the purpose of the ap­plication is to secure authority for the transportation of non-exempt and the above-described exempt commodities on the same vehicle at the same time.

No. M C 110190 Sub 37, filed April 27, 1956, PE N N -D IX IE LINES, INC., 2000 South George Street, P. O. Box 42, York, P a . . Applicant’s attorney: Robert R. Hendon, Investment Building, W ashing­ton 5, D. C. For authority to operate as a common carrier, over irregular routes, transporting: Canned goods, from points in Louisiana and Mississippi on and south of U. S. Highway 80 to points in Delaware, Maryland, New Jersey, New York, Pennsylvania and the District of Columbia. Applicant is authorized to conduct operations in Alabama, Georgia, Florida, Maryland, Pennsylvania, New Jersey, Louisiana, Mississippi, and Texas.

No. M C 110309 Sub 5, M ay 1, 1956, CLARENCE R. K LING ER , doing busi­ness as K. U. K. A U T O TRANSIT , 568 M ain Street, Lykens, Pa. Applicant’s representative: Everett B. Lackie, 4114 Westchester Road, Baltimore 16, Md. For authority to operate as a common carrier, over irregular routes, transport­ing: New passenger automobiles, includ­ing ambulances, hearses and taxis, and automobile chassis, in initial movements, by the truckaway method, from Newark, Newcastle County, Del., to points in Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, and the District of Columbia. Applicant is authorized to conduct opera­tions in Michigan, Ohio, New York, and Washington, D. C. Damaged vehicles, as stipulated above, on return.

No. MC110420 Sub 121, filed April 25, 1956, Q U A L IT Y CARRIERS, INC., Calu­met Street, Burlington, Wis. Applicant’s attorney: Glenn W . Stephens, 121 West Doty Street, Madison 3, Wis. For au­thority to operate as a common carrier, over irregular routes, transporting: Soy­bean oil, in bulk, in tank vehicles, from Decatur, Ind., to Edgewater, N. J., and fish oil, in bulk, in tank vehicles, from Amagansett, N. Y., to Decatur, Ind., and Gibson City, 111. Applicant is authorized to conduct operations in Iowa, Illinois, Indiana, Kentucky, Michigan, Minne­sota, Missouri, Nebraska, Ohio, South Dakota, Tennessee, and Wisconsin.

No. M C 110525 Sub 305, filed April 27 1956, CHEM ICAL T A N K LINES, INC.! 520 East Lancaster Avenue, Downing, town, Pa. Applicant’s attorneys: Ger­ald L. Phelps and John R. Sims, Jr., Munsey Building, Washington 4, D. c. For authority to operate as a common carrier, over irregular routes, transport­ing: Compressed gases and compressed liquefied gases, in bulk, in tank vehicles and manifold cylinder vehicles, between points in New Jersey, on the one hand, and, on the other, points in Connecticut, Delaware, Maine, Maryland, Massachu­setts, New Hampshire, New York, Penn­sylvania, Rhode Island, Vermont, and the District of Columbia (except compressed liquefied gases, in bulk, in tank vehicles, from Carneys Point, N. J., to Bridgeport, Conn.).

No. MC 110525 Sub 306, filed May 1, 1956, CHEM ICAL T A N K LINES, INC., 520 East Lancaster Avenue, Downing- town, Pa. Applicant’s attorneys: G. L. Phelps, and John R. Sims, Jr., Munsey Building, Washington, D. C. For au­thority to operate as a common carrier, over irregular routes, transporting: Coal tar products, acids and chemicals, in bulk, in tank vehicles, from points in Allegheny and Fayette Counties, Pa., to points in Wisconsin. Applicant is au­thorized to conduct operations in Ala­bama, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kentucky, Mary­land, Massachusetts, Michigan, Minne­sota, Missouri, New Hampshire, New Jer­sey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, West Virginia, and the District of Columbia.'

No. M C 110525 Sub 307, filed May 3, 1956, CHEM ICAL T A N K LINES, INC.,, 520 East Lancaster Avenue, Downing- town, Pa. Applicant’s attorneys: Gerald L. Phelps, and John R. Sims, Jr., Mun­sey Building, Washington 4, D. C. For authority to operate as a common car- rier, over irregular routes, transporting: Coal tar products, acids and chemicals, in bulk, in tank vehicles, between points in Cuyahoga County, Ohio, on the one hand, and, on the other, points in New Jersey, New York and Pennsylvania (ex­cept liquid chemicals and coal tar prod­ucts, (1) between points in Cuyahoga County, Ohio, on the one hand, and, on the other, points in Erie, Niagara and Monroe Counties, N. Y., and Beaver and Washington Counties, Pa., (2) between points in Cuyahoga County, Ohio, on the one hand, and, on the other, Johns­town, Josephtown, and Kobuta, and points in Allegheny County, Pa., and (3) between points in Cuyahoga County, Ohio, on the one hand, and, on the other, points in Fayette, County, Pa.)

No. M C 111329 Sub 1, filed April 27, 1956, CAM BRIDGE TRUCKING CO., INC., 8 Bell Court, Cambridge, Mass. Applicant’s attorney: James F. Harring­ton, 11 Beacon Street, Boston 8, Mass. For authority to operate as a contract carrier, over irregular routes, transport­ing: Foodstuffs, from Boston, Cambridge and Medford, Mass., to Westbrook Auburn, Lewiston, Waterville, Bangor and Presque Isle, Maine, Portsmouth, Manchester, and Keene, N. H., Rutland and Burlington, Vt., Providence, R !•» and Hartford, New Haven, Bridgeport,

Wednesday, May 16, 1956 FEDERAL REGISTER 3243

Cheshire, and Torrington, Conn., and empty containers or other such incidental facilities used in transporting the com­modities specified, on return movements. Applicant is authorized to conduct op­erations in Connecticut, Massachusetts, New Hampshire, New York, and Rhode Island. '

No. MC 111812 Sub 27, filed April 30, 1956, M IDWEST COAST TRANSPORT, INC., P. O. Box 747, Sioux Palls, S. Dak. For authority to operate as a common carrier, over irregular routes, transport­ing: Frozen foods, from points in W ash ­ington to points in Montana. Appli­cant is authorized to conduct operations in Oregon, Washington, California, Iowa, Minnesota, and South Dakota.

No. MC 112835 Sub 3, filed April 26, 1956, MORRIS H. APPLEBAUM , 6206 North Bernard Street, Chicago 45, 111. Applicant’s attorney: Joseph M. Scan- lan, 111 West Washington Street, Chi­cago 2, 111. For authority to operate as a contract carrier, over irregular routes, transporting: Television tubes, radio sets, television sets, phonographs and record- ing sets, and combinations and parts of and for these commodities, between Chi­cago, 111., and Charlotte, Mich., on the one hand, and, on the other, points in Massachusetts, Connecticut, and New Jersey, with the restriction that service between Chicago, 111., and points in Massachusetts, Connecticut, and New Jersey be performed through Charlotte, Mich. Applicant is authorized to con­duct operations to, from and between specific points in Illinois, Michigan, New York, and New Jersey.

No. MC 112881 Sub 2, filed M ay 3,1956, LINDSAY R. HOYT, Mount Pleasant, Ulster County, N. Y . Applicant’s at­torney: William F. Leahey, 4 Liberty Street, Poughkeepsie, N. Y. For author­ity to operate as a common carrier, over irregular routes, transporting: Unfin­ished lumber (not exceeding 16 feet in length and six and one half inches in width and thickness), from Cayuta, N. Y., to Danbury, Conn. Applicant is authorized to conduct operations in Con­necticut, Rhode Island, Massachusetts, New York, New Jersey, and Pennsyl­vania.

No. MC 113545 Sub 2, filed May 2,1956, ANDREW W. METZGER, doing business as CORMETT FO R W A R D IN G CO., 260 Hudson Street, Hackensack, N. J. Ap ­plicant’s representative: Bert Collins, 140 Cedar Street, New York 6, N. Y. For authority to operate as a contract carrier, over irregular routes, transport­ing: Textbooks, from the warehouse of Scott, Foresman and Company in Fair Lawn, N. J., to schools in New York in the New York, N. Y., Commercial Zone, as defined by the Commission, and empty containers or other such incidental fa­cilities (not specified) used in transport­ing the above-described commodity on return movements.

Note: Applicant requests that the appli­cation be handled through use of verified statements without oral hearing.

No. MC 113779 Sub 40, filed M ay 1, 1956, YORK INTERSTATE TR UCK ING , HiC., 8222 Market Street Road, Houston, Lex. For authority to operate as a common carrier, over irregular routes,

No. 9 5

transporting: Anhydrous ammonia, in bulk, in tank vehicles, from Velasco, Tex., to points in Louisiana. Applicant is authorized to conduct operations in Arkansas, Florida, Kentucky, Louisiana, Mississippi, New Mexico, Oklahoma, Pennsylvania, Tennessee, and Texas.

No. MC 113908 Sub 13, filed April 30, 1956, ER ICKSON TRANSPO R T CO R ­PORATION , Coon Valley, Wis. For au­thority to operate as a common carrier, over irregular routes, transporting: Fresh liquid eggs, fresh liquid egg yolks, and fresh liquid egg albumen, in bulk, in stainless steel tank vehicles, between points in Illinois, Indiana, Iowa, Kansas, Minnesota, Missouri, Nebraska, South Dakota, and Texas, on the one hand, and, on the other, points in Texas, Iowa, M is­souri, Kansas, and Minnesota. Appli­cant is authorized to conduct operations in Illinois, Indiana, Iowa, Kansas, Ken­tucky, Minnesota, Missouri, Nebraska, Ohio, South Dakota, and Texas.

N o t e : Applicant states it is intended that any duplication of authority that m ight re­su lt from the granting hereof, should result in the revocation of other certificates.

No. M C 114123 Sub 9, filed April 30, 1956, H ERM AN R. EW ELL, East Earl, Pa. Applicant’s attorney: H. Clay Burk­holder, 121 East King Street, Lancaster, Pa. For authority to operate as a com­mon carrier, over irregular routes, trans­porting: Liquid sugar, in bulk, in tank vehicles, from Yonkers, N. Y., to Stras- burg, Va., and milk and cream, in bulk, in tank vehicles, from Strasburg, Va., to Yonkers, N. Y . Applicant is authorized to conduct operations in New York, West Virginia, and Virginia.

No. M C 114220 Sub 1, filed March 26, 1956, IN TER STATE T R AILER T R A N S ­PORT, INC., 506 East Euclid, Des Moines, Iowa. Applicant’s attorney: Stephen Robinson, 1020 Savings & Loan Building, Des Moines 9, Iowa. For authority to operate as a common carrier, over ir­regular routes, transporting: Trailers designed to be drawn by passenger auto­mobiles and/or light trucks, in initial movements, in truckaway service, from Momence, 111., to points in the United States, and damaged, defective or re­turned shipments of the commodity specified on return. Applicant is au­thorized to conduct operations in all states in the United States except Cali­fornia, Connecticut, Delaware, Georgia, Louisiana, Maine, Maryland, Massa­chusetts, Mississippi, Montana, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, West Virginia, and the District of Columbia.

No. M C 115162 Sub 8, filed April 30, 1956, W A LT E R POOLE, doing business as POOLE TR U CK LINE, Evergreen, Ala. For authority to operate as a common carrier, over irregular routes, transport­ing: (1) Flew furniture, uncrated, from Frisco City, Ala., to points in Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, M is­souri, Nebraska, New Mexico, New York, North Carolina, Oklahoma, North Dakota, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, W est V ir­ginia, Wisconsin, and Virginia; (2) M as-

cerated Paper Blankets, from Salem, 111., to Frisco City, Ala., (3) Drawer stock lumber, from Chattahoochee, Fla., to Frisco City, Ala., (4) Plywood, from Beaumont, Miss., to Frisco City, Ala., (5) Iron bed rails, from New Orleans, La., to Frisco City, Ala., (6) Mirrors, not crated, framed around edges to prevent chipping, from Lenoir, N. C., to Frisco City, Ala., (7) Paint, Varnish and Thin­ner, from Louisville, Ky., to Frisco City, Ala., (8) Hardware, for furniture, from Evansville, Ind., to Frisco City, Ala., (9) Dimension stock lumber, from Dublin, Ga., to Frisco City, Ala., (10) Plastic Furniture Tops, from Dover, Ohio, to Frisco City, Ala.

No. M C 115291 Sub 4, filed May 8,1956, W A LT H A LL LITTLEPAG E, doing busi­ness as L ITTLEPAG E T R U C K IN G COM PANY, 1710 Sweet Street, Tahoka, Tex. Applicant’s attorney: John W . Carlisle, P. O. Box 13023, Dallas 20, Tex. For authority to operate as a common carrier, over irregular routes, transport­ing: Cotton seed oil, in bulk, in tank ve­hicles, from points in New Mexico to points in Texas and Oklahoma; baling wire, in bundles and boxes, from points in Texas to points in New Mexico; and fish oil, in bulk, in tank vehicles, from points in Jefferson County, Tex., to points in New Mexico.

No. M C 115766, filed February 21, 1956 (amended), published April 11, 1956 is­sue, page 2356 (amended), republished page 2551, issue of April 18, 1956, (amended) republished M ay 16, 1956, ED W AR D S. M ILLER, doing business as E. S. M ILLER T R U CK IN G , 110 But­tonwood Street, Jessup, Pa. Applicant’s attorney: George A. Yavorek, Suite 107, Glen Alden Building, Scranton, Pa. For authority to operate as a common carrier, over irregular routes, transport­ing: Caskets, casket shells, and hard­ware, pertaining to caskets and casket shells, from Archbald Borough, Pa., to points in Massachusetts, New Ham p­shire, Rhode Island, Connecticut, New York, New Jersey, Maryland, Virginia, Delaware, and the District of Columbia, and returned and damaged shipments of the above-described commodities on return.

No. M C 115787 Sub 1, filed April 30, 1956, M ATSO N T R U C K LINES OF IND IANA , INC., 532 Green Street, New Haven, Ind. Applicant’s representative: A. R. Fowler, 2288 University Avenue, St. Paul 14, Minn. For authority to op­erate as a common carrier, over irregular routes, transporting: Laminated wood products, such as laminated wood trusses, arches, beams, headers, rafters (includ­ing tied arch rafters) and ridge poles, and hardware and accessories for and moving in connection with, the described commodities, from New Haven, Ind., to points in Illinois, Indiana, Kentucky, Michigan, Ohio, and Pennsylvania.

No. M C 115931, filed April 16, 1956, BABCO CK & LEE TRANSPO R TATIO N , INC., 1002 Third Avenue North, Billings, Mont. Applicant’s attorney: FranklinS. Longan, Suite 319 Securities Building, Billings, Mont. For authority to operate as a common carrier, over irregular routes, transporting: Lumber, from points in Big Horn and Rosebud Counties,

3244 NOTICESMont., to points in North Dakota, South Dakota, and Minnesota.

No. M C 115952, filed April 26, 1956, A. C. M ILLER, Rodney, Ontario, Canada. Applicant’s attorney: Wilhelmina B o - ersma, 2850 Penobscot Building, Detroit 26, Mich. For authority to operate as a contract carrier, over irregular routes, transporting: Rough lumber, from points in Michigan to the International Bound­ary between the United States and Can­ada at Ports of Entry at or near Detroit, Mich, and Port Huron, Mich., together with motion to dismiss the application on the grounds that applicant’s operations are those of a private carrier.

No. M C 115966, filed May 2,1956, ORLAB. HALL, JAMES B. HAUL, GEO RGE W . MONROE, A N D R O Y B. GROVER, doing business as H. M . & G. G R A IN A N D FEED COM PANY, 133 M ill Street, Fowl- erville, Mich. Applicant’s attorney: A r­chie C. Fraser, 1400 Michigan National Toyver, Lansing 8, Mich. For authority to operate as a common carrier, over ir­regular routes, transporting: (1) Animal, fish, and poultry feed; insecticides and fungicides; and animal medicines, from Bloomington, 111., and points in the Chi­cago, 111., Commercial Zone, as defined by the Commission, to points in the Lower Peninsula of Michigan; (2) grain, from points in the Lower Peninsula of Michigan to points in Lucas County, Ohio, and points in the Chicago, 111., Commercial Zone, as defined by the Com­mission; (3 ) fertilizer, from points in the Chicago, 111., Commercial Zone, as de­fined by the Commission, to points in the Lower Peninsula of Michigan on and east of U . S. Highway 27, and (4) overage commercially mixed feed, from Lansing, Fowlerville, and Dundee, Mich., to Bloomington, 111., on return movements.

Nd. M C 115968, filed M ay 2, 1956, O K V A LLE Y FR E IG H T LINES, LIM ITED , 133 Winnipeg Street, Penticton, British Columbia, Canada. Applicant’s attor­ney: F. H. Britton, Law Department, Canadian Pacific Railway Company, Vancouver-2, B. C. For authority to op­erate as a common carrier, over a regular route, transporting: General commodi­ties, except those of unusual value, Class A and B explosives, household goods as defined by the Commission, commodities in bulk, and commodities requiring spe­cial equipment, between Oroville, Wash, and the Port of Entry between the United States and Canada north of Oro­ville over U. S. Highway 97.

No. M C 115969, filed M ay 2, 1956, TH O M AS B. W ATT , JR., AND W ALTE R J. NELSON, doing business as JOHN­SO N ’S T R U C K IN G SERVICE, P. O. Box 160, Hornbrook, Calif. Applicant’s at­torney: Edward M. Berol, 100 Bush Street, San Francisco 4, Calif. For au­thority to operate as a contract carrier, over a regular route, transporting: Lum­ber and forest products, between Indian Creek, Calif., and Hornbrook, Calif., from Indian Creek over unnumbered county road to Happy Camp, Calif., thence over California Highway 96 to junction U. S. Highway 99, thence northerly over U. S. Highway 99 to junction unnumbered county highway approximately two miles west of Hornbrook, thence easterly over unnumbered county highway to Horn­

brook, and return over the same route, serving no intermediate points.

APPLICATIONS OP MOTOR CARRIERS OF PASSENGERS

No. M C 53686 Sub 2, filed M ay 3, 1956, H A R R Y M cCLOSKEY, 208 W arren Street, Beverly, N. J. Applicant’s repre­sentative: G. Donald Bullock, Box 146, Wyncote, Pa. For authority to operate as a common carrier, over irregular routes, transporting: Passengers and their baggage, in the same vehicle with passengers, in special and charter oper­ations, beginning and ending at Beverly, N. J., and points in New Jersey within 15 miles of Beverly, and extending to points in Delaware, Maryland, New York, Virginia, and the District of Columbia. Applicant is authorized to conduct op­erations in New Jersey and Pennsylvania.

No. M C 115961, filed April 30, 1956, W . E. BOYD, doing business as B O Y D ’S BUSLINE, 1514 Sheridan Avenue, Cody, Wyo. Applicant’s attorney: M e y e r Rankin, P. O. Box 601, Cody, Wyo. For authority to operate as a common car­rier, over regular routes, transporting: Passengers and their baggage, and ex­press, mail, and newspapers in the same Vehicle with passengers, between Cody, Wyo. and Billings, Mont., from Cody over Wyoming Highway 14 to Garland, Wyo., thence over Wyoming Highway 114 to Deaver, Wyo., thence over U. S. H igh­way 310 to Laurel, Mont., and thence over U. S. Highway 10 to Billings, Mont., and return over the same route, serving the intermediate points of Ralston, Powell, Garland, Deaver, and Frannie, Wyo., and Warren, Mont.

APPLICATIONS FOR BROKERAGE LICENSES

No. M C 12236 Sub 1, filed M ay 3, 1956, BEK INS M O V IN G & STO RAGE CO., Madison at Twelfth, Seattle 22, Wash. Applicant’s attorney: William B. Adams, Pacific Building, Portland 4, Oreg. For a license (BM C 4) authorizing operations as a broker at Yakima, Wash., and Pasco, Wash., in arranging for transportation in interstate or foreign commerce by motor vehicles of household goods, as de­fined by the Commission, and airplanes, between points in the United States. Applicant is Authorized to operate as a broker from Tacoma, Seattle, and Spo­kane, Wash., in arranging for transpor­tation between points in the United States of household goods and airplanes.

No. M C 12575 Sub 1, filed April 26, 1956, EM M A E. D O W N IN G , 5824 North Fifth Street, Philadelphia, Pa. Appli­cant’s attorney: Morris J. Winokur, M ar­ket Street National Bank Building, Juniper and Market Streets, Philadel­phia, Pa. For a license (BM C 5) au­thorizing operations as a broker at Philadelphia, Pa., in arranging for trans­portation of passengers and their bag­gage in the same vehicles with passen­gers, in round-trip tours beginning and ending at points in Bucks, Chester, Dela­ware, Montgomery, and Philadelphia Counties, Pa., and those in New Jersey within twenty-five (25) miles of Phila­delphia, and extending to points in the United States. Applicant holds a license to arrange tours beginning and ending at Philadelphia, Pa., and extending to points in the United States.

c o r r e c t io n s

No. M C 110525 Sub 297 and Sub 299, CHEM ICAL T A N K LINES, INC., Down* ingtown, Pa., filed April 5, 1956, pub­lished on page 2550 issue April 18, 1956. The description of authority sought read­ing From, on the one hand, and, on the other, was in error. The authority sought in each application is for a Be­tween movement, on the one hand, and, on the other. Applicant’s attorneys in above-numbered proceedings, and also in MC 110525 Sub 300 published on the same date, are John R. Sims, Jr., and Gerald L. Phelps, Munsey Building, Washington, D. C.

c o r r e c t io n s

M C 109847 Sub 3, published page 565, issue of January 25, 1956, name of appli­cant shown as Ross-Linco Lines, Inc., was in error. The correct name of applicant is: Boss-Linco Lines, Inc.

MC 103051 sub 16, W ALK E R HAUL­IN G CO., INC., Atlanta, Ga., filed Feb­ruary 27, 1956, published page 1474, is­sue March 7, 1956, amended and repub­lished issue March 28, 1956. Applicant’s attorney: R. J. Reynolds, Jr., 1403 Citi­zens & Southern National Bank Build­ing, Atlanta 3, Ga., advises by letter dated May 8, 1956, that the commodities pro­posed to be transported, vegetable oils, fats, oils, and greases, are to be trans­ported exclusively, in bulk, in tank vehicles.

APPLICATIONS UNDER SECTION 5 AND 210a (b )

No. M C -F 5453, filed March 27, 1953, consummated December 31, 1955. Pe­tition tendered April 30,1956, by SOUTH­ERN PACIFIC TRANSPO R T COMPANY for reopening of the proceeding for the purpose of issuing a supplemental order to include rights acquired by, or rec­ommended for issuance to, SOUTHERN PACIFIC TR AN SPO R T COMPANY OF LOUISIANA, INC., subsequent to filing of the application herein. Applicants’ attorney: Edwin N. Bell, 1600 Esperson Building, Houston 2, Texas. The fol­lowing additional authority is to be ac­quired: General commodities, with cer­tain exceptions including household goods, as a common carrier, over regu­lar routes, between Alexandria, La., and Eola, La., between Bunkie, La., and Cheneyville, La., and between Lake Charles, La., and De Ridder, La., serving certain intermediate and off-route points; Class A and B explosives (except­ing nitroglycerin), between Lake Charles, La., and De Ridder, La., serving certain intermediate and off-route points.

No. M C -F 6257. Authority sought for purchase by B. & B. T R A N S P O R T A ­TION, INC., 75 Whipple Avenue, Cran­ston, R. I., of the operating rights and property of E D W AR D C. B L IN K H O R N , doing business as B. & B. T R A N S P O R T A ­TION, 75 Whipple Avenue, Cranston, R. I., and for acquisition by EDW ARDC. BLINKHORN, also of Cranston, of control of such rights and property through the purchase. Person to whorn correspondence should be addressed: Edward C. Blinkhorn, 37 Ryder Avenue, Cranston, R. I. Operating rights sought to be transferred: Apples, beverages, shoe

Wednesday, May 16, 1956 FEDERAL REGISTER 3245

racks, shoe findings, groceries, wool, Alabama, Florida, Louisiana, Mississippi, woolen goods, boxes, machinery, paper, Arkansas, Delaware, Iowa, Kentucky, shoes, steel, and paper bqard, as a com- Missouri, North Carolina, Pennsylvania, non carrier, over irregular routes, from, Tennessee, Texas, Nebraska, Illinois, to and between points and areas, varying Virginia, West Virginia, New Jersey, New with the commodity transported, in M as- York, Oklahoma, and the District of sachusetts, New Hampshire, New York, Columbia. Application has not been Connecticut, Rhode Island, and Maine, filed for temporary authority under sec- Vendee holds no authority from this tion 210a (b ).Commission but is affiliated with ED W IN No. M C -F 6264. Authority sought for 0. BLINKHORN, who is authorized to purchase by RED B A LL M O TO R operate as a contract carrier in Connec- FREIGH T, INC., 1210 South Lam ar ticut Massachusetts, and Rhode Island. Street (P. O. Box 3148) , Dallas, Texas, Application has not been filed for tem- of a portion of the operating rights of porary authority under section 210a ( b ) . LEE W A Y M O TO R FREIGH T, INC.,

No. MC-F 6258. Authority sought for 3000 West Reno, P. O. Box 2488, E x ­purchase by E D W IN O. BLIN K H O R N , change Branch, Oklahoma City, Okla., INC., 75 Whipple Avenue, Cranston, R. I., and for acquisition by H. E. ENG LISH of the operating rights and property of and O. B. ENGLISH , both of Dallas, of EDWIN O. BLINKH ORN, 75 Whipple control of such rights through the pur- Avenue, Cranston, R. I., and for acquisi- chase. Applicants’ attorneys: Reagan tion by EDW IN O. BLINK H O RN, also of Sayers, Century Life Building, Fort Cranston, of control of such rights and Worth, Tex., and Sidney P. Upsher, 3000 property through the purchase. Person W . Reno, Oklahoma City, Okla. O p­to whom correspondence should be ad - erating rights sought to be transferred: dressed: Edwin O. Blinkhom, 135 General commodities, with certain ex- Whipple Avenue, Cranston, R. I. Oper- ceptions including household goods, as a ating rights sought to be transferred: common carrier over regular routes, be- Such merchandise as is dealt in by whole- tween Amarillo, Tex., and Clovis, N. Mex., sale, retail, and chain grocery and food serving certain intermediate points, business houses, and, in connection Vendee is authoritzed to operate in therewith, equipment, materials, and Texas, Louisiana, and Arkansas. Appli- supplies used in the conduct of such cation has not been filed for temporary business, as a contract carrier, over ir - authority under section 210a ( b ) . regular routes, between certain points in No. M C -F 6266. Authority sought for Connecticut, Massachusetts, and Rhode purchase by TH E BALTIM O RE M O TO R Island. Vendee holds no authority from COACH COM PANY, 619 West Biddle this Commission but is affiliated with Street, Baltimore, Md., of the operating EDWARD BLINKHORN, doing business rights and property of CALVERT as B. & B. TRANSPORTATION, who is M O TO R COACH SERVICE, IN C O R - authorized to operate as a common car- PORATED, 1024 Linden Avenue, Balti- rier in Rhode Island, New York, Con- more 1, Md., and W E ST SHORE LINES, necticut, Massachusetts, New Hampshire, INC., 100 Compromise Street, Annapolis, and Maine. Application has not been Md., and for acquisition by PH IL IP P. filed for temporary authority under sec- RESTIVO, CHARLES L. RESTIVO, tion 210a (b ) . M AR IO N E. RESTIVO , SAM UEL J.

No. MC-F 6262. Authority sought for RESTIVO, and JOSEPH F. RESTIVO , purchase by HOME TR AN SPO R TATIO N all of Baltimore, of control of such rights COMPANY, INC., 334 South Four Lane and property through the purchase. Highway, Marietta, Ga., of the operating Applicants’ attorneys: Edward Pierson, rights of HERNDON E. RISNER, doing Central Savings Bank Building, Balti- business as CAPITOL T R U C K IN G C O M - more, Md., and James E. Wilson, PANY, 1040 Four Lane Highway, M ari- Continental Building, Washington, D. C. etta, Ga., and for acquisition by JIM M IE Operating rights sought to be trans-H. AYER, al§o of Marietta, of control ferred: (Calvert Motor Coach Service, of such rights through the purchase. Incorporated): Passengers and their Applicants’ attorney: Allan Watkins, baggage, restricted to traffic originating 214 Grant Building, Atlanta 3, Ga. O p- at the points indicated, in round-trip erating rights sought to be transferred: charter operations, and in special Household goods, as defined by the Com- operations on round-trip sightseeing or mission, as a common carrier, over ir - pleasure tours, as a common carrier, over regular routes, between Atlanta and East irregular routes, from Baltimore, Md., Point, Ga., on the one hand, and, on the and points within 25 miles of Baltimore, other, points in Alabama, Tennessee, not including points in Carroll, M ont- North Carolina, South Carolina, and gomery and Prince Georges Counties, Florida; heavy machinery, culvert pipe, Md., to points in Maryland, Delaware, road building material and structural Virginia, West Virginia, Pennsylvania, steel, from Atlanta and East Point, Ga., New Jersey, New York, Connecticut, to points in Alabama, Tennessee, North Rhode Island, Massachusetts, and the Carolina, and South Carolina; tanks, District of Columbia, and return. (West ftnd in connection therewith, tank parts Shore Lines, In c . ) : Passengers and their and tank fittings, between points in baggage, in round-trip charter opera- Georgia on the one hand, and, on the tions, as a common carrier, over irregu- other, points in Alabama, Florida, North lar routes beginning and ending at points Carolina, South Carolina, and Tennes- in Calvert County, Md., and those in that see; wooden poles, from East Point, Ga., part of Anne Arundel County, Md., on to Points in Alabama, Florida, North and south of U. S. Highway 50, and ex- Carolina, South Carolina, and Tennessee, tending to points in the United States, yendee is authorized to operate in M ich- with no pick-up or discharge of pas- igan, Indiana, Georgia, South Carolina, sengers enroute. Vendee is authorized Massachusetts, Ohio, Wisconsin, Kansas, to operate in Maryland, Delaware, Penn­

sylvania, New Jersey, New York, Virginia, W est Virginia, Massachusetts, Rhode Island, Connecticut, and the District of Columbia. Application has not been filed for temporary authority under sec­tion 210a (b ) .

No. M C -F 6267. Authority sought for control and merger by JONES M O TO R CO., INC., Bridge Street and Schuykill Road, Spring City, Pa., of the operating rights and property of PETERS T R A N S ­PO R T AT IO N CO., 350 Chestnut Street, York, Pa., and for acquisition by W M . S. JONES and CLIFFORD M. JONES, both of Phoenixville, Pa., R. C. JONES, JR., Wyomissing, Pa., H. ELLIS JONES, Pottstown, Pa., and H. A. HERSHEY, Royersford, Pa., of control of such rights and property through the transaction. Applicants’ attorneys: Rice, Carpenter & Carraway, Suite 618, Perpetual Bldg., 1111 E Street N W „ Washington 4, D. C. Operating rights sought to be controlled and merged: General commodities, with certain exceptions including household goods, as a common carrier over regular routes, between Baltimore, Md., and York, Pa., between Dallastown, Pa., and New York, N. Y., and Washington, D. C., and between York, Pa., and Newark, N. J., serving all intermediate and certain off- route points; alternate route for operat­ing convenience only between Lancaster, Pa., on the one hand, and, on the other, Reading, Pa.; tobacco, over irregular routes, from Hatfield, Mass., and H art­ford, Conn., to points in York County, Pa.; uncrated new furniture, between Red Lion and York, Pa., on the one hand, and, on the other, Boston, Mass., and from Red Lion, Pa., to Hartford, Conn. Vendee is authorized to operate in New Jersey, Pennsylvania, New York, Dela­ware, Maryland, Connecticut, Massachu­setts, Rhode Island, and the District of Columbia. Application has been filed for temporary authority under section 210a (b ).

No. M C -F 6269. Authority sought for purchase by BELGER CARTAGE SERV­ICE, INC., 2100 W alnut Street, Kansas City 8, Mo., of a portion of the operating rights of H. J. U H L and GRACE L. UHL, doing business as H. J. UHL, 5650 N. Broadway, Wichita, Kans., and for acqui­sition by JOHN BELGER SChd LA R R Y BELGER, both of Kansas City, o f control of such operating rights through the pur­chase. Applicants’ attorney: Ernest A. Brooks II, 1301 Ambassador Building, St. Louis 1, Mo. Operating rights sought to be transferred: Commodities which, be­cause of size or weight, require the use of special equipment, and parts thereof, when moving in connection with such commodities, as a common carrier over irregular routes, between Kansas City, Mo., and'points in Kansas on the one hand, and, on the other, points in Okla­homa, Nebraska, Colorado, Missouri, Illi­nois, and Texas. Vendee is authorized to operate in Missouri, Kansas, Okla­homa, Texas, Nebraska, and Iowa. Ap ­plication has not been filed for temporary authority under section 210a (b ) .

By the Commission.

[ seal] H arold D. M cC o y ,Secretary.

[F. R. Doc. 56-3848; Filed, May 15, 1956;8:46 a. m.]

3246 NOTICESF o u r th S e c tio n A ppl ic a t io n s for R elief

May 11,1956.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-SHORT HAUL

FSA No. 32079: Plaster and related ar­ticles— Western trunk line to southern territory. Filed by W . J. Prueter, Agent, for interested rail carriers. Rates on plaster and related articles, gypsum wallboard, etc., carloads from points in western trunk line territory to points in southern territory.

Grounds for relief: Short-line distance formula, market competition and cir­cuitous routes.

Tariff: Agent Prueter’s tariff I. C. C. A-4155.

FSA No. 32080: Scrap iron and steel in official territory. Filed by H. R. Hinsch, Agent, for interested rail car­

riers. Rates on scrap iron or steel a r­ticles, carloads between points in official territory, on the one hand, and points in northern Illinois, southern Wisconsin, and Zone “C” in Wisconsin to the extent described in exhibit B of the application, on the other.

Grounds for relief: Short-line distance formula and circuity.

Tariffs: Supplement 38 to Agent Hinsch’s tariff I. C. C. No. 4251 and twelve other tariffs.

FSA No. 32081: Paper and paper arti­cles from the South to Beaumont, Tex. Filed by F. C. Kratzmeir, Agent, for in­terested rail carriers. Rates on paper and paper articles, carloads from speci­fied points in southern territory to Beau­mont, Tex.

Grounds for relief: Circuitous routes.Tariff: Supplement 4 to Agent Kratz-

meir’s I. C. C. 4198.FSA No. 32082: Aluminum billets,

etc.— Chalmette and New Orleans, La., to Cincinnati, Ohio. Filed by St. Louis- San Francisco Railway Company, for itself and interested rail carriers. Rates

on aluminum billets, blooms, ingots, pigs or slabs, carloads from Chalmette and New Orleans, La., to Cincinnati, Ohio.

Grounds for relief: Circuitous routes in part west of the Mississippi River.

FSA No. 32083: Commodities from or to points in official territory. Piled jointly by C. W . Boin and O. E. Swehson, Agents, for interested rail carriers! Rates on cresylic acid, alumina oxide catalyst, automobile parts, and other described commodities, carloads (l) from points in official territory to points in official, southern, and western trunk line territories, and (2) to points in offi­cial territory, from points in southern and official (including Illinois) terri­tories.

Grounds for relief: Carrier competi­tion and Circuity.

By the Commission.[ seal ! H arold D. M cCoy,

Secretary.

[F. R. Doc. 56-3847; Filed, May 15, 1956;8:46 a. m.]