Federal Register: 24 Fed. Reg. 6865 (Aug ... - tile.loc.gov

FEHE EGISTEIINUMBER 166

Washington, Tuesday, August 25, 1959

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Title 3-THE PRESIDENTExecutive Order 10834

THE FLAG OF THE UNITED STATESWHEREAS the State of Hawaii has

this day been admitted into the Union;and

WHEREAS section 2 of title 4 of theUnited States Code provides as follows:"On the admission of a new State intothe Union one star shall be added to theunion of the flag; and such additionshall take effect on the fourth day ofJuly then next succeeding such admis-sion."; and

WHEREAS the Federal Property andAdministrative Services Act of 1949 (63Stat.L377), as amended, authorizes the

President to prescribe policies and direc-tives governing the procurement and,utilization of property by executive agen-cies; and

WHEREAS the interests of the Gov-ernment require that orderly and reason-able provision be made for various mat-ters pertaining to the flag and thatappropriate regulations governing theprocurement and utilization of nationalflags and union jacks by executive agen-cies be prescribed:

NOW, THEREFORE!, by virtue of theauthority vested in me as President ofthe United States and as Commander inChief of the armed forces of the UnitedStates, and the Federal Property andAdministrative Services Act of 1949, asamended, it is hereby ordered as follows:

PART I-DEistN oF TEW FLAG

SECTION 1. The flag of the UnitedStates shall have thirteen horizontalstripes, alternate red and white, and aunion consisting of white stars on a fieldof blue.

Szc. 2. The positions of the stars inthe union of the flag and in the unionjack shall be as indicated on the attach-ment to this order, which is hereby madea part of this order.

SEc. 3. The dimensions of the consti-tuent parts of the flag shall conform tothe proportions set forth in the attach-ment referred to in section 2 of thisorder.

(Continued on p. 6867)

605

I

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o.__

THE PRESIDENT

Published daily, except Sundays, Mondays,and days following official Federal holidays,by the Office of the Federal Register, NationalArchives and Records Service, General Serv-ices Administration, pursuant to the au-thority contained in the Federal Register Act,approved July 26, -1935 (49 Stat. 500, asamended; 44 U.S.C., ch. 8B), nnder regula-tions prescribed by the Administrative Co&-mittee of the Federal Register, approved bythe President. Distribution is made only by-the Superintendent of Documents, Govern-ment Printing Office, Washington 25, D.C.

The FEDERAL REGISrE will be furnished bymail to subscribers, free of postage, for $1.50per month or $15.00 par yeai, payable inadvance. The charge for individual copies(minimum 15 cents) varies in proportion tothe size of the issue. Remit check or moneyorder, made payable to the Superintendentof Documents, directly to the GovernmentPrinting Office, Washington 25, D.C.

The regulatory material appearing hereinis keyed to the CODE OF FEDERAL REGULATIONS,which is published, under 50 titles, pursuantto section 11 of the Federal Register Act, asamended August 5, 1953. The CODE OF F D-

AT REG ULATiONs is sold by the Superin-tendent of Documents. Prices of books andpocket supplements vary.

There are no restrictions on the re-publication of material appearing in theFEDERnAl REGISTER, or the CODE OF FEDERALREGULATIONS.

CFR SUPPLEMENTS(As of January 1, 1959)

The following Supplements are nowavailable:

Titles 1-3 ($1.00)

General Index ($0.75)

All other Supplements and re-vised books have been issued

and are now available.

Order from Superintendent of Documents,Government Printing Office, Washington

25, D.C.

CONTENTSTHE PRESIDENT

Executive Orders pageDelegating to the chairman of the

Civil Service Commission theauthority of the President tomake certain determinationsrelating to the payment of pres-idential awards -------------- 6868

The Flag of the United States .... 6865

CONTENTS-Continued

Executive -Orders-Continued PageTransferring title to certain land

at Sand Island, Territory ofHawaii, to the Territory ofHawaii --------------------- 6867

ProclamationAdmission of the State of Hawaii

into the Union --------------- 6868

EXECUTIVE AGENCIES

Civil Aeronautics BoardNotices:

Accident occurring at Calverton,Long Island, N.Y.; hearing-- 6878

Commerce DepartmentSee Federal Maritime Board.

Customs BureauNotices:

Portland cement from Israel;reason to believe purchaseprice is less than foreignmarket value -------------- 6877

Federal Aviation AgencyProposed rule making:

Approval of training programsand certification and qualifi-cation standards of pilotsother than pilots- in com-mand -------------------- 6876

Federal airways and controlareas 6876

Maximum age limitations forpilots -------------------- 6875

Federal Communications Corn-mission

N6tices:Allocation' of frequencies; mis-

cellaneous amendments --- 6881Hearings, etc.:

Booth Bro a dcasting Co.(WSGW) ---------------- 6881

Buckley-Jaeg r BroadcastingCorp. and WHDH, Inc --- 6881

Harms and Rogoway Radioand TV ----------------- 6880

Imes, Birney, Jr., et al ------- 6878Phillips, 'Howell- B., and

WMCV, Inc -------------- 6879South Minneapolis Broadcast-

ers --------------------- 6881Tiffin Broadcasting Co. et al-. 6880Video Independent Theatres,

Inc. (KVIT) -------------- 6881WBUD, Inc., and Concert

Network, Inc ------------ 6881Prolosed rule making:

Microwave frequencies for pri-vate communications systems,excluding broadcasters ------ 6876

Federal Housing AdministrationRules and regulations:

Armed services housing insur-ance; eligibility requirementsof mortgage; military per-sonnel -------------------- 6871

Delegations of basic authorityand functions; miscellaneousamendments --------------- 6870

CONTENTS-ContinuedFederal Maritime BoardNotices:

Alcoa Steamship Co., Inc., et al.;agreements filed for approval-

Federal Power CommissionNotices:

Hearings, etc.:Coastal States Gas Producing

Co. et alUnited Gas Pipe Line Co ....

Fish and Wildlife ServiceRule and regulations:

Migratory birds; open seasons,bag limits, and posessions___

Health, Education, and WelfareDepartment

See Public Health Service; SocialSecurity Administration.

Housing and Home FinanceAgency

See Federal Housing Administra-'tion.

Interior DepartmentSee Fish and Wildlife Service;

Land Management Bureau.Internal Revenue ServiceProposed rule making:

Manufacturers excise tax onrefrigeration equipment, elec-trio, gas, and oil appliances,and electric light bulbs ------

Interstate Commerce Commis-sion

Notices:Motor carrier transfer proceed-

ingsLand Management BureauRules and regulations:

Public land orders; Alaska(2 documents)

Post Office DepartmentNotices:

New names of countries .......Remission of fines, penalties,

forfeitures, and claims; dele-gation of, authority.

Public Health ServiceRules and regulations:

Grants to States for publichealth services; allotmentsfor heart disease__

Securities and Exchange Com-mission

Notices:Hearings, etc.:

Cleveland, Cincinnati, Chi-cago & St. Louis RailwayC o --------------------

Glen Alden Corp ------------Hera Exploration Co ---------Jacobs, F. L., Co ...........Pittsburgh, Ft. Wayne & Chi-

cago Railway Co ----------Social Security AdministrationRules and regulations:

Federal old-age and survivorsinsurance (1940-1950) ------

Page

6878

68826884

6872

6873

6886

6872

6878

6878

6872

6884688563856885

6886

6869

6866

Tuesday, August 25, 1959

CONTENTS-ContinuedTariff Commission PageNotices:

Zinc sheets; investigation andhearing ------------------- 6886

Treasury DepartmentSee also Customs Bureau; Internal

Revenue Service.Notices:

Determination of no sales atless than fair value:

Cheese, Swiss or emmenthal,from Finland ------------ 6877

Petroleum products from Ru-mania ------------------ 6877

Superior Risk Insurance Co.;surety companies acceptableon Federal bonds ----------- 6Z77

CODIFICATION GUDEA numerical list of the parts of the Code

of Federal Regulations affected by documentspublished in this issue. Proposed rules, asopposed to final actions, are identified assuch.

A Cumulative Codification Guide coveringthe current month appears at the end of eachIssue beginning with the second issue of themonth.

3 CFR Page

Proclamations:3309 --------------------- 6868

Executive orders:1733 (see PLO 1949) --------- 68723358 --------------------- 68673797-A (see PLO 1950) ------- 68726584 --------------------- 686710798 -------------------- 686510833 --------------------- 686710834 --------------------- 686510835. ------------------- 6868

14 CFRProposed rules:

40 (2 documents) ------- 6875, 687641 (2 documents) ------- 6875, 687642 (2 documents) ------- 6875, 6876600 -------------------- 6876601 ---------------------- 6876

20 CFR403 ---------- 6869

24 CFR200 ------------ ---------- ---- 6870292a ------------------------- 6871293a . --------------------- 6871

26 (1954) CFRProposed rules:

48 ----------------------- 6873

42 CFR51 --------------------------- 6872

43 CFRPublic land orders:

82 (see PLO 1950) ----------- 6872324 (revoked by PLO 1950) ___ 68721949 --------------------- 68721950 --------------------- 6872

47 CFR"Proposed rules:

3 -------------------------- 6876

50 CFR6 --------------------------- 6872

PART TI-REGULATIONS GOVERNINGEXECUTIVE AGENCIES

SEC. 21. The following sizes of flags areauthorized for executive agencies:

Dimensions of flag

SizeHoiq FIV

(width) (length)

Feet Feet()-------------------------20.00 3. 00(2) --- -----.-. --.-. -------. _ 10.00 19.01(3)---------------------------- -. 95 17.00(I-------------------------- 7.00 11.00(5)---------------------------- 5.00 9.3)()-------------------------- 4.33 5. r)(7) - ------------------------- 3. 50 6.0(8) ----------------- -------- 3. 00 4.00(9) ----------------- 3.0 5.7(0) ----------------- - 2. 37 4._0(11) --------------------------- 1.32 2.50

SEC. 22. Flags manufactured or pur-chased for the use of executive agencies:

(a) Shall conform to the provisions ofPart I of this order, except as may beotherwise authorized pursuant to theprovisions of section 24, or except asotherwise authorized by the provisions ofsection 21, of this order.

(b) Shall conform to the provisions ofsection 21 of this order, except as maybe otherwise authorized pursuant to theprovisions of section 24 of this order.

SEC. 23. The exterior dimensions ofeach union jack manufactured or pur-chased for executive agencies shall equalthe respective exterior dimensions of theunion of a flag of a size authorized byor pursuant to this order. The size ofthe union jack flown with the nationalflag shall be the same as the size of theunion of that national flag.

SEC. 24. (a) The Secretary of Defensein respect of procurement for the De-partment of Defense (including militarycolors) and the Administrator of Gen-eral Services in respect of procurementfor executive agencies other than theDepartment of Defense may, for causewhich the Secretary or the Administra-tor, as the case may be, deems sufficient,make necessary minor adjustments inone or more of the dimensions or pro-portionate dimensions prescribed by thisorder, or authorize proportions or sizesother than those prescribed by section 3or section 21 of this order.

(b) So far as practicable, (1) the ac-tions of the Secretary of Defense underthe provisions of section 24(a) of thisorder, as they relate to the various or-ganizational elements of the Departmentof Defense, shall be coordinated, and (2)the Secretary and the Administratorshall mutually coordinate their actionsunder that section.

SEC. 25. Subject to such limited ex-ceptions as the Secretary of Defense inrespect of the Department of Defense,and the Administrator of General Serv-ices in respect of executive agenciesother than the Department of Defense,may approve, all national flags andunion jacks now in the possession of exe-cutive agencies, or hereafter acquired

by executive agencies under contractsawarded prior to the date of this order,including those so possessed or so ac-quired by the General Services Adminis-tration for distribution to-other agencies,shall be utilized until unserviceable.

PART II--GEIERAL PROVISIONS

SEc. 31. The flog prescribed by Execu-tive Order No. 10793 of January 3, 1959,shall be the official flag of the UnitedStates until July 4,1960, and on that datethe flag prescribed by Part I of this ordershall become the official flag of theUnited States: but this section shallneither derogate from section 24 or sec-tion 25 of this order nor preclude theprocurement, for executive agencies, offlags provided for by or pursuant to thisorder at any time after the date of thisorder.

SEC. 32. As used in this order, the term"executive agencies" means the execu-tive departments and independent es-tablishments in the executive branch ofthe Government, including wholly-owned Government corporations.

SEc. 33. Executive Order No. 10798 ofJanuary 3, 1959, is hereby revoked.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,WASHINGTON, D.C.,

August 21,1959.[P.R. Doc. 59-7096; Filed, Aug. 24, 1959;

9:31 am.]

Executive Order 10833TRANSFERRING TITLE TO CERTAIN

LANDS AT SAND ISLAND, TERRI-TORY OF HAWAII, TO THE TEPRI-TORY OF HAWAII

WHEREAS the act of August 25, 1958(72 Stat. 850), authorizes the President ofthe United States, when he determinesthat land comprising any portion or por-tions of Sand Island Military Reservationand the Navy Harbor Entrance ControlPost, Honolulu, Territory of Hawaii, in-cluding submerged lands therein, not toexceed in the aggregate 202 acres, is nolonger required or is not required formilitary purposes, to transfer to the Ter-ritory of Hawaii, by Executive Order, allthe right, title and interest of the UnitedStates in said land, together with the im-provements thereon, and to grant non-exclusive easements over other land com-prised within the Sand Island MilitaryReservation and the Navy Harbor En-trance Control Post in favor of the Ter-ritory of Hawaii which he shall deemnecessary for the proper enjoyment ofthe premises transferred; and

WHEREAS the hereinafter-describedland is not required for military pur-poses;

NOW, THEREFORE, by virtue of theauthority vested in me by the above-mentioned act of August 25, 1958, it isordered as follows:

6867FEDERAL REGISTER

THE, PRESIDENT

1. Subject to the term, conditions, andreservations hereinafter set forth, titleto the following-described tract of landat Sand Island, City and County of Ho-nolulu, Territory of Hawaii, being por-tions of the Sand Island Military Resetr-vation and the Navy Harbor EntranceControl Post as at present constituted,and being also portions of the land de-scribed in section 203 of the Public Build-ings Act of 1949 (63 Stat. 177), in para-graph (b) of Presidential ExecutiveOrder No. 6584 of February 6, 1934,and as Tract 1 in Presidential ExecutiveOrder No. 3358 of November 24, 1920,together with the improvements locatedthereon, is hereby transferred to theTerritory of Hawaii.

Beginning at the west corner of this tractof land, on the southeasterly boundary ofHonolulu International Airport (Governor'sExecutive Order 1016, dated April 12, 1948),and on the northwesterly boundary of theCity and County of Honolulu's Sewage Treat-ment Plant (Governor's Executive Order1188, dated February 5, 1947), the coordinatesof said point of beginning referred to Gov-ernment S u r v e y Triangulation Station"United States Engineer, North Base" being798.43 feet North and 4368.19 feet West, asshown on Government Survey RegisteredMlap 4100, thence running by azimuths meas-ured clockwise from true South:1. 190555 -...... 1767.17 feet along Honolulu interna-

tional Airport (Governor's ExecutiveOrder 1016);

2. 216140- ----- 174.27 feet along Honolulu InternationalAirport (Gcvernor's Executive Order1016);

3. 30223'30"_._ 4233.08 feet along the remainder of SandIsland Military Reservation (beingthe remainders of Tract 1 of Presi-dential Executive Order 3358, theland described in Public Law 105,Chapter 218, 81st Congress, 1stSession, Section 203, and Tract "b"of Presidential Executive Order

4. Thence along theremainder of Sand Island MilitaryReservation (Remainder of Tract I ofPresidential Executive Order 3358),on a curve to the right, with a radiusof 425.00 feet, the chord azimuth anddistance beng: 316'44'15" 209,41 feetto a pipe in concrete, the true azimuthand distance rrom said pipe in con-crete to Government Survey Tri-angulation Station "United StatesEnvineer, North Base" being:343*00'50 '

221.95 feet;•5. 331'00'----.1180.52 feet along the remainder of Sand

Island Military Reservation (Re-mainder of Tract 1 of PresidentialExecutive Order 3353);

6. 25'40 .... 204.12 feet along the remainder of SandIsland Military Reservation (Re-mainder of Tract 1 of PresidentialExecutive Order 3338), along Depart-ment of Navy Parcel under Depart-ment of Army Permit Control Sym-bol 132-36, dated December 8, 1958,to a spike in concrete fence footing;

7. 2i,'5'40".... 775.96 feet along the remainder of SandIsland Military Reservation (Re-mainder of Tract I of PresidentialExecutive Order 3358), to the sea-ward face of seawall;

S. U.5*3& - 3-- 231.72 feet along seaward face of sea-wall along highwater mark;

f9. 2'2'05"-... 3153.90 feet alcng the remainder of SandIsland Military Reservation (Re-mainder of Tract 1 of PresidentialExecutive Order 335);

10. l ---0O'10".. 292.52 feet along the City and Countyof Honolulu's Sewage TreatmentPlant (Governor's Executive Order11,3);

31. 10414240"... 352.57 feet along the City and County,of Honolulu's Sewage TreatmentPlant (Governor's Executive Order1158)-12. 64'O0'10". 165.91 feet along the City and Countyof Honolulu's Sewage TreatmentPlant (Governor's Executive Orderl53) to the point of beginning and

containing an AREA OF 202.00ACRES.

2. The transfer of the above-describedland shall be subject to the followingreservations, terms, and conditions:

(a) A reservation of easements andimprovements appurtenant thereto, infayor of the United States of America for-all existing utilities over, under, andacross the above-described tract of landappurtenant to the remaining landsowned by the United States of America,subject, however, to future relocationand removal of any and all such existingutilities to a more convenient or practi-cal location by the Territory of Hawaii atits own cost, and provided that uponabandonment of any or all of such exist-ing utilities, the easements reservedherein in favor of the United States ofAmerica shall thereby terminate and beof no further force or effect with respectto those utilities "which have beenabandoned.

(b) Pursuant to the terms of the actof August 25, 1958, the Territory ofHawaii shall relocate or procure the re-location on Sand Island of the Navytower and other facilities appurtenantthereto on the southern shore of SandIsland. Until such relocation is com-pleted, there are hereby reserved to theUnited States all such portions of theland hereinabove described as- arelaeeded for the full enjoyment of such.facilities.

- (c) The land transferred by this orderto the Territory of Hawaii shall be sub-ject to all the laws, rules and regulationswith respect to airport zoning which arenow, or may hereafter be, in effect.

(d) The Territory of Hawaii shall pro-vide such rights of access and utilityeasements as are necessary to serve thoseportions of land retained by the UnitedStates on Sand Island.

(e) The sale, lease, or other disposi-tion of the lands transferred by thisorder shall be subject to the provisionsof the act of August 25, 1958, with re-spect to the sale, lease, or other disposi-tion of such lands.

(f) The land transferred by this ordershall be subject to such other provisionsas are contained in the act of August 25,1958.

3. Any lands transferred by this orderwhich are now reserved or set asideunder any Presidental Executive order,or which are under the jurisdiction andcontrol of the United States Governmentare hereby withdrawn from the applica-tion of any such orders or from suchjurisdiction and control.


THE WHITE HOUSE,August 20, 1959.

[F.R. Doe. 59-7087; Filed, Aug. 21, 1959;4:24 p.m.]

Executive Order 10335DELEGATING TO THE CHAIRMAN OF

THE CIVIL SERVICE COMMISSIONTHE AUTHORITY OF THE PRESI-DENT TO MAKE CERTAIN DETER,MINATIONS RELATING TO THEPA Y M E N T OF PRESIDENTIALAWARDS

By virtue of the authority vested in meby section 301 of title 3 of the United

States Code, and as President of theUnited States, the Chairman of theUnited States Civil Service Commissionis hereby designated and empowered,without approval, ratification, or otheraction of the President, to exercise theauthority vested in the President by sub-section (e) of section 304 of the Govern-ment Employees' Incentive Awards Act(68 Stat. 1113; 5 U.S.C. 2123(e)) to de-termine the activity primarily benefiting,or the various activities benefiting, fromany suggestion, invention, superior ac-complishment, or other personal effortof any civilian officer or employee of theGovernment which constitutes the basisof any Presidential award or honoraryrecognition made or granted under sub-section (b) 6f section 304 of that act(68 Stat. 1113; 5 U.S.C. 2123(b) ).


THE WHITE HOUSE,August 21, 1959.

[F.R. Doe. 59-7097; Filed, Aug.- 24, 1959;9:31 a.m.]

Proclamation 3309ADMISSION OF THE STATE OF

HAWAII INTO THE UNION

By the President of the United Statesof America

A Proclamation

WHEREAS the Congress o; the UnitedStates by the act approved on March 18,1959 (73 Stat. 4), accepted, ratified, andconfirmed the constitution adopted bya vote of the people of Hawaii in an elec-tion held on November 7, 1950, and pro-vided for the admission of the State ofHawaii into the Union on an equalfooting with the other States upon com-pliance with certain plocedural require-ments specified in that act; and

WHEREAS it appears from the -infor-mation before me that a majority of thelegal votes cast at an election on June27, 1959, were in favor of each of thepropositions required to be submitted tothe people of'-awaii by section 7(b) 'ofthe act of March 18, 1959; and

WHEREAS it further appears from in-foimation before me that a general elec-tion was held on July 28, 1959, and thatthe returns of the general election weremade and certified as provided in theact of March 18, 1959; and

WHEREAS the Governor of Hawaiihas certified to me the results of thesubmission to the people of Hawaii ofthe three propositions set forth in sec-tion 7(b) of the act of March 18, 1959,and the results of the general election;and

WHEREAS I find and announce thatthe people of Hawaii have duly. adoptedthe propositions required to be submittedto them by the act of March 18, 1959,and have duly elected the officers re-quired to be elected by that act:

NOW, THEREFORE, I, DWIGHT D.EISENHOWER, President of the United

6S68


States of America, do hereby declare andproclaim that the procedural require-ments imposed by the Congress on theState of Hawaii to entitle that State toadmission into the Union have been com-plied with in all respects and that ad-mission of the State of Hawaii into theUnion on an equal footing with the otherStates of the Union is now accomplished.

IN WITNESS WHEREOF, I havehereunto set my hand and caused theSeal of the United States of America tobe affixed.

Title 20-EMPLOYEES' BENEFITSChapter Ill-Bureau of Old-Age and

Survivors Insurance, Social SecurityAdministration, Department ofHealth, Education, and Welfare

[Reg. No. 3, further amended]PART 403-FEDERAL OLD-AGE AND

SURVIVORS INSURANCE (1940-1950)

Formal Reconsideration of Determina-tion by Bureau of Old-Age rndSurvivors Insurance as ConditionPrecedent to Hearing

Regulations No. 3, as amended (20 CFR403.1 et seq.), are further amended asfollows:

1. Section 403.706(b) is amended toread as follows:

§ 403.706 Initial determination.

(b) Notice of initial determination.Written notice of an initial determina-tion shall be mailed to the party to thedetermination at his last known address,except that no such notice shall be re-quired in the case of a determinationthat a p&rty's entitlement to benefits hasended because of such party's death (seeparagraph (a) (3) of this section). Ifthe initial determination disallows, inwhole or in part, the application or re-quest of a party, or if the initial deter-mination is to the effect that a husband,widower, parent, or former wife divorcedwas not receiving the requisite supportfrom an insured individual, or that achild was not dependent on an insuredindividual, or that a party's entitlementto benefits has ended, or that a reduc-tion, deduction, or adjustment is to bemade in benefits or a lump sum, or thata period of disability established for aparty has terminated, the notice of thedetermination sent to the party shallstate the basis for the determination.Such notice shall also inform the partyof the right to reconsideration (see§ 403.708(a)) unless such determinationis to the effect that a deduction ortermination is to be made and such de-termination is based upon facts reportedto the Bureau by the party to thedetermination.

FEDERAL REGISTER

DONE at the City of Washington atfour pam. E.D.T. on this twenty-first day

of August in the year of ourEsuml Lord nineteen hundred and

fifty-nine, and of the Independ-ence of the United States of America theone hundred and eighty-fourth.

DWIGHT D. EISENOWER

CHRIsTIAN A. HERTER,Secretary of State.

[F.R. Doc. 59-7113; Filed, Aug. 24, 1959;11:17 a.m.]

2. Section 403.707 is amended to read

as follows:

§ 403.707 Reconsideration and hearing.

A party who is dissatisfied with aninitial determination may request thatthe Bureau reconsider such determina-tion, as provided in § 403.708. If a re-quest for reconsideration is filed, suchaction shall not constitute a waiver ofthe right to a hearing subsequent to suchreconsideration if the party requestingsuch reconsideration is dissatisfied withthe determination of the Bureau madeon such reconsideration; and a requestfor a hearing may thereafter be filed,as is provided in § 403.709(a).

3. Section 403.708 is amended to readas follows:

§ 403.70& Reconsideration.(a) Right to reconsideration. The

Bureau shall reconsider an initial deter-mination if a written request for re-consideration is filed, as provided inparagraph (b) of this section, by theparty to the initial determination (see§ 403.706(a)). The Bureau shall also re-consider an initial determination (see§§ 403.706(a) (1) to (4), inclusive), un-less the determination is with respect tothe revision of the Administration'searnings records, if a written requestfor reconsideration is filed, as providedin paragraph (b) of this section, by anindividual as a wife, widow, former wifedivorced, husband, widower, child, par-ent, or "individual alleging equitable en-titlement to a lump sum, who makes ashowing in writing that his or her rightswith respect to benefits, a lump sum, ora period of disability may be prejudicedby such determination. The Bureaushall also reconsider an initial determi-nation relating to the revision of theAdministration's record of the earnings(see § 403.706(a) (5)) of a deceased in-dividual if a written request for recon-sideration is filed, as provided in para-graph (b) of this section, by such indi-vidual's widow, former wife divorced,widower, child, parent, or an individualalleging equitable entitlement to a lumpsul.

(b) Time and place of filing request.The request for reconsideration shall bemade in writing and filed at an office ofthe Bureau or, in the case of an individ-ual having 10 or more years of service

6869

RULES AND REGULATIONS

. I

in the railroad industry (see Subpart 0)or -of an individual entitled to an an-nuity on the basis of an award underthe Railroad Retirement Act prior toOctober 30, 1951, who requests in writingreconsideration with respect to his ap-plication to establish a period of dis-ability under section 216(i) of the act,at an office of the Railroad RetirementBoard, within 6 months from the date ofmailing notice of the initial determina-tion, unless such time is extended asprovided in § 403.701(j) or § 403.711 (a).

(c) Parties to the reconsideration.The parties to the reconsideration shallbe the person who was the party to theinitial determination (see § 403.706(a) ),and any other person referred to inparagraph (a) of this section, uponwhose request the initial determinationis reconsidered.

(d) Notice of reconsideration. If therequest for reconsideration is filed by aperson other than the party to theinitial determination, the Bureau shall,before such reconsideration, mail awritten notice to such party at his lastknown address, informing him that theinitial determination is being recon-sidered. In addition, the Bureau shallgive such party a reasonable opportunityto present such evidence and contentionsas to fact or law, as he may desire, rela-tive to the determination.

(e) Reconsidered determination. TheBureau shall, when a request for recon-sideration has been filed, as provided inparagraphs (a) and (b) of this section,reconsider the initial determination inquestion and the findings upon which itwas based; and upon the basis of the evi-dence considered in connection with theinitial determination and whatever otherevidence is submitted by the parties oris otherwise obtained, the Bureau shallmake a reconsidered determination af-firming or revising, in whole or in part,the findings and determination in ques-tion.

(f) Notice of reconsidered determina-tion. Written notice of the reconsidereddetermination shall be mailed to theparties at their last known addresses.The reconsidered determination shallstate the basis therefor and inform theparties of their right to a hearing (see§ 403.709(a)).

(g) Effect of reconsidered determina-tion. The reconsidered determinationshall be final and binding upon all partiesto the reconsideration unless a hearing isrequested in accordance with § 403.709(b)or unless such determination is revisedin accordance with § 403.711(b).

4. Section 403.709 (a), (b), (c), (e)(2), and (i) amended to read as follows:

§ 403.709 Hearing.

(a) Right to hearing. Any party des-ignated in paragraph (c) of this sectionshall be entitled to a hearing with respectto any matter designated in § 403.706(a)after an initial and reconsidered deter-mination has been made by the Bu-reau (see §§ 403.706-403.708, inclusive), ifsuch party files a written request for ahearing, as provided in paragraph (b) ofthis section.

(b) Time and place of filing request.The request for hearing shall be made in


writing and filed at an office of theBureau, or with a hearing examiner, orthe Appeals Council in the Office of Hear-ings and Appeals in the Social SecurityAdministration, or, in the case of anindividual having 10 or more years ofservice in the railroad industry (see Sub-part 0 of this part) or of an individualentitled to an annuity on the basis of anaward under the Railroad RetirementAct prior to October 30, 1951, who re-quests in writing a hearing with respectto his application to establish a periodof disability under section 216(i) of theact, at an office of the Railroad Retire-ment Board. The request for hearingmust be filed within 6 months after thedate of mailing notice of the reconsidereddetermination to such individual, exceptwhere the time is extended as providedin § 403.701(j) or § 403.711(a).

(c) Parties to a hearing. The partiesto a hearing shall be the person or per-sons who were parties to the initial de-termination in question and the recon-sideration. Any other individual maybe made a party, if such individual'srights with respect to benefits, a lump"sum, or a period of disability may beprejudiced by the decision, upon noticegiven to him by the hearing examiner toappear at the hearing in support of hisinterest.

(e) Time and place of hearing, andhearing on new issues.

(2) At any time after a request forhearing has been made, as provided inthis section, but prior to the mailing ofnotice of the decision, the hearing exam-iner may, in his discretion, either on theapplication of a party or on his own mo-tion, in addition to the matters broughtbefore him by the request for hearing,give notice that he will also consider anyspecified related issue or any stated newissue (whether similar or different in na-ture) designated in § 403.706(a), whichmay affect the rights of any party to thematter pending before him, even thoughthe Bureau has not made an initial andreconsidered determination with respectto such new issue: Provided, however,That notice of the time and place of thehearing on any new issue shall, unlesswaived, be given to the parties within thetime and the manner specified in thisparagraph. Upon the giving of suchnotice, the hearing examiner shall, ex-cept as otherwise provided, proceed tohearing on such new issue in the samemanner as he would on an issue' on whichan initial and reconsidered determina-tion has been made by the Bureau and ahearing requested with respect theretoby a party entitled to such hearing.

(i) Waiver of right to appear and pre-sent evidence. If all parties waive theirright to appear before the hearing exam-iner and present evidence and conten-tions personally or by representative, itshall not be necessary for the hearingexaminer to give notice of and conduct anoral hearing, as provided in this section.A waiver of the right to appear and pre-sent evidence and allegations as to fact

and law shall be made in writing andfiled with the hearing examiner. Suchwaiver may be withdrawn by a party atany time prior to the mailing of notice ofthe decision in the case. Even though allof the parties have fled'a waiver of theright to appear and present evidence andcontentions at a hearing before the hear-ing examiner, the hearing examiner may,nevertheless, give notice of a time andplace and conduct a hearing as providedin this section, if he believes that thepersonal appearance and testimony of.the party or parties would assist him toascertain the facts in issue in the case.Where such a waiver has been filed byall parties, and they do not appear beforethe hearing examiner personally or byrepresentative, the hearing examinershall make a record of the relevant writ-ten evidence, including applications,written statements, certificates, affida-vits, reports, and other documents whichwere considered in connection with theinitial determination and reconsidera-tion, and whatever additional evidencethe party or parties may present in writ-ing for consideration by the hearingexaminer. Such documents shall be con-sidered as all ofthe evidence in the caseand the decision, as provided for in para-graph (k) of this section, shall be basedon them.

5. Section 403.711(a) (2) is amendedto read as follows:

§ 403.711 Extension of time and revi-sion.

(a) Extension of time to request hear-ing or review or'begin civil action.

(2) Any party to a reconsidered deter-mination, a decision of a hearing ex-aminer, or a decision of the AppealsCouncil may petition for an extensionof time for filing a request for hearing orreview or commencing a civil action in adistrict court, as the case may be, al-though the time for filing such requestor commencing such action (see §§ 403.-708(b) and 403.710.(b) and section 205(g) of the act) has passed. If an exten-sion of the time fixed by § 403.709(b) forrequesting a hearing before a hearingexaminer is sought, the petition may befiled with such hearing examiner or theAppeals Council. In any other case,such petition shall be filed with the Ap-peals Council. The petition shall be inwriting and shall state the reasons whythe request or action was not filed withinthe required time. For good causeshown, a hearing examiner or the Ap-peals Council, as the case may be, mayextend the time for filing such requestor action, except that no such extensionshall be granted where the sole purposeof the request is to seek the revision-of,an individual's earnings record or of afinding as to wages or self-employmentincome in connection with an applica-tion for benefits, a lump sum, or a periodof disability, after such revision is pre-cluded by the provisions of §§ 404.804 or404.806. Where a hearing examiner or"the Appeals Council in a proper case hasextended the time for filing such requestor action, no revision of an individual's

earnings record or of a findina as towages or self-employment income maybe made except as is otherwise providedin the regulations in this Subpart G.

Effective date. The provisions of theforegoing amendments, insofar as theyrequiye formal reconsideration of aninitial determination by the Bureau ofOld-Age and Survivors Insurance as aprerequisite to hearing thereon, shallbecome effective 60 days after the dateof publication in the FEDERAL REGISTER;in all other respects the foregoingamendments shall become effective uponsuch date of publication.(See. 205(a), 53 Stat. 1368 as amended, sec-tion 1102, 49 Stat. 647 as amended; 42 U.S.C.405(a), 1302; section 5 of ReorganizationPlan No. 1 of 1953, 67 Stat. 18. Applies sec.tion 205(a), 53 Stat. 1368; 42 U.S.C. 405(a))

[SEAL] GEORGE K. WYMuAN,Acting Commissioner of

Social Security.

Approved: August 19, 1959.

ARTHUR S. FLEMMING,Secretary of Health, Educationi,

and Welfare.

AuGUST 10, 1959.

[F.R. Doc. 59-7028; Filed, Aug. 24, 1959;8:41 am.]

Title 24-HOUSING ANDHOUSING CREDIT

Chapter Il-Federal Housing Ad-ministration, Housing and HomeFinance Agency

SUBCHAPTER A-GENERAL

PART 200-INTRODUCTION

Subpart D-Delegations of BasicAuthority and Functions

MISCELLANEOUS AsIENDMENTS

1. In Part 200 Subpart D, designatedsection headings in the table of contentsare revoked and added as follows:Sec.200.69 [Revoked].200.77 Comptroller and Deputy.200.104 Assistant Commissioner for Field

Operations, Zone OperationsCommissioners, Directors, Assist-ant Directors, AdministrativeOfficers and Chief Clerks in EhAField Offices, Assistant Commis-sioner for Administration, Direc-tor of Personnel and Deputy Di-rector of Personnel.

2. In,§ 200.68 paragraph (b) is amend-ed to read as follows:

§200.68 Assistant Commissioner for Ad-ministration and Deputy.

(b) To be responsible to the Commis-sioner for the coordination and generalsupervision of the Personnel Division, theGeneral Services Division, and theBudget Division comprising all personnelpolicies, procedures, activities and func-tions, all administrative services, all

6870


budget activities and organization struc-tures and related matters.

3. Section 200.69 is revoked as follows:§ 2C9.69 Comptroller and Deputy.

[Revoked].4. In Part 200 Subpart D is amended

ty adding a new § 200.77 to read asfollows:

§ 20.77 Comptroller and Deputy.To the position of Comptroller and

under his general supervision to the posi-tion of Deputy Comptroller there is dele-gated the following basic authority andfunctions:

(a) To devise and establish accountingprocedures and to administer the fiscalpolicies and activities of the Administra-tion.

(b) To approve all expenditures andreceipt vouchers necessary to carry outthe provisions of the National HousingAct.

(c) To certify that all required docu-ments, information and approvals re-specting each transaction are present;verify the accuracy of the computations,the consistency of the information in-cluded in the various documents; and de-termine that the transaction is in strictaccordance with all applicable regula-tions, decisions and laws.

(d) To endorse checks for deposit orcollection.

(e) To certify financial statements.(f) To recommend investments for the

insurance funds of the Federal HousingAdministration, liquidation of invest-ments and redemption of debenturesand to maintain liaison with the Treas-ury Department in the execution of ap-proved fiscal proposals.

(g) To certify as to delegations ofauthority by the Commissioner and asto the truth or accuracy of copies oforiginal papers or documents in thepossession of the Administration.

(h) To execute vouchers or applica-tions and receipt for any payments re-ceived representing refunds of taxes orother payments made by the Commis-sioner in connection with property ac-quired under the provisions of the Na-tional Housing Act.

i) To designate certifying officers andto revoke such designations to executeand submit to the Treasury Departmentnecessary statements and schedules withresliect thereto, and perform all func-tions pertaining to the bonding of FHAemployees, pursuant to applicable stat-utes and the standards and procedures ofthe Secretary of the Treasury there-under.

(j) To execute Certificates of Claimand certify the requisitions to the Treas-ury Department for the issuance ofdebentures.

(k) To maintain liaison with the Gen-eral Accounting Office, Treasury Depart-ment and other agencies of the Gov-ernment on accounting and fiscalmatters and to collaborate with suchdepartments and agencies in the forma-tion of accounting and fiscal programs.

FEDERAL REGISTER

(1) To provide an integrated electronicdata processing service to all organiza-tional units of the FRA, including con-sultative and advisory services relatingto surveying, programming and cost-analyzing proposed conversions to suchprocessing.

(m) To act with the Commissioner andunder his direction in the determinationof basic policy and be a member of theExecutive Board.

5. In § 200.85 paragraph (a) is amend-ed to read as follows:§ 200.85 Executive Board.

(a) Members. The committee calledthe Executive Board is composed of thefollowing members: Commissioner,Chairman; Deputy Commissioner, ViceChairman; General Counsel; AssistantCommissioner for Field Operations; As-sistant Commissioner for Mortgages andProperties; Assistant Commissioner forTechnical Standards; Assistant Com-missioner for Programs; Assistant Com-missioner for Title I; Assistant Com-missioner for Audit and Examination;Assistant Commissioner for Administra-tion; and Comptroller.

6. In Part 200 Subpart D is amendedby adding a new § 200.104 to read asfollows:§ 200.104 Assistant Commissioner for

Field Operations, Zone OperationsCommissioners, Directors, AssistantDirectors, Administrative Officersand Chief Clerks in FHA Field Of-fices, Assistant Commissioner for Ad-ministration, Director of Personneland Deputy Director of Personnel.

To the Assistant Commissioner forField Operations, Zone Operations Com-missioners, Directors, Assistant Directors,Administrative Officers and Chief Clerksin FHA Field Offices, the Assistant Com-missioner for Administration, the Direc-tor of Personnel and the Deputy Directorof Personnel, pursuant to 5 U.S.C. 16a,there is delegated the authority to ad-minister the oath required by section1757, Revised Statutes, as amended (5U.S.C. 16) incident to entrance into theexecutive branch of the Federal govern-ment, or any other oath required by lawin connection with employment therein,such oath to be administered withoutcharge or fee and to have the same forceand effect as oaths administered byofficers having seals.

The authority of this section covers theadministration of Appointment Affi-davits, Standard Form 61, and oaths towitnesses in any matter pending beforethe United States Civil Service Commis-sion.(See. 2, 48 Stat. 1246, as amended; 12 U.S.C.1703. Interpret or apply sec. 211, 52 Stat.23, as amended; sec. 607, 55 Stat. 61, asamended; sec. 907, 65 Stat. 301, sec. 807, 63Stat. 570, as amended; 12 U.S.C. 1715b, 1742,1748f, 1750f)

Issued at Washington, D.C., August 19,1959.

JULIAN H. ZInMEPRMA ,Federal Housing Commissione.


6871

SUBCHAPTER M-MILITARY AND ARMED SERV-ICES HOUSING MORTGAGE INSURANCE

PART 292a-ARMED SERVICES HOUS-ING INSURANCE: ELIGIBILITY RE-QUIREMENTS OF MORTGAGE

PART 293a-ARAED SERVICES HOUS-ING INSURANCE: RIGHTS ANDOBLIGATIONS OF THE MORTGAGEEUNDER THE INSURANCE CONTRACT

Military Personnel1. Section 292a.11 is amended to read

as follows:§ 292a.l1 Payment requirements.

(a) The mortgage shall provide formonthly payments on the first day ofeach month by the mortgagor to themortgagee on account of interest andprincipal.

(b) Such monthy payments will be ona level annuity basis.

(c) The Commissioner shall establishthe date of the first payment to princpalon the first day of the first month whichfalls not less than 60 days after the datefixed for the completion of constructionin the Housing Contract.

(d) Before final endorsement for in-surance, where necessary, the mortgageshall be modified, so that in no event shallthe first payment to principal be laterthan the first day. of the first monthwhich falls not less than 30 days aftersuch final endorsement.

2. Section 292a.18 is amended to readas follows:

- § 292a.18 Prepayment.The mortgage shall contain a provi-

sion that the mortgagor shall have theright to prepay the mortgage in wholeor in part without any additional chargeor penalty on or after the date which is20 years from the date of the first pay-ment to principal on the mortgage. Themortgage may provide that there shall beno right of prepayment prior to the ex-piration of such 20 year period.

3. Section 292a.38 is amended to readas follows:§ 292a.38 Eligibility of title.

(a) In order for the mortgaged prop-erty to be eligible for insurance, theCommissioner must determine that mar-ketable title thereto is vested in themortgagor as of the date the mortgageis filed for record. The title evidence willbe examined by the Commissioner andthe original endorsement of the creditinstrument for insurance will be evidenceof its acceptability.

(b) No part of the cost of title evi-dence may be paid out of the mortgageproceeds.

4. Section 292a.39 is amended by add-ing a new paragraph (e) to read asfollows:

§ 29 2 a.39 Title evidence.

(e) A guarantee of title by the Secre-tary of Defense.


5. Section 293a.2 is amended by add-ing a new paragraph (f) to read asfollows:

§ 293a.2 r ethod of prayment.0 0 * e

(f) Upon agreement between themortgagor and mortgagee, approved bythe Commissioner, premiums due underthis section may be paid directly bythe mortgagor to the Commissioner.Upon the execution and approval ofsuch agreement, the obligation of themortgagor to make payments to themortgagee on account of such mortgageinsurance premiums and the obligationof the mortgagee to pay mortgage insur-ance premiums to -the Commissionershall cease until such time as the agree-ment is revoked.(See. 807, 69 Stat. 651; 12 U.S.C. 1748f. Inter-pret or apply sec. 803, 69 Stat. 646; 12 U.S.C.1748b.)

Issued at Washington, D. C., August19, 1959.

JULIAN -1. ZnnarLrAN,Federal Housing Commissioner.


Title 43-PUBLIC LANDS:INTERIOR

Chapter I-Bureau of Land Manage-ment, Department of the Interior

APPENDIX-PUBLIC LAND ORDERS

[Public Land Order 1949]

[Anchorage 031764]

ALASKA

Withdrawing Lands for Use of Depart-ment of the Navy for Military Pur-poses (Attu, Adak, and KodiakIslands)

By virtue of the authority vested in thePresident, and pursuant to ExecutiveOrder No. 10355 of May 26, 1952, it isordered as follows:

1. Subject to valid existing- rights, thefollowing-described public , lands inAlaska are hereby withdrawn from allforms of appropriation under the public-land laws, including the mining and min-eral-leasing laws but not disposals ofmaterials under the act of July 31, 1947(61 Stat. 681; 30 U.S.C. 601-604), asamended, and reserved for use of theDepartment of the Navy for militarypurposes:

a. Attu Island: That land lying south ofLatitude 52*5210011 N. between Longitude173'04'00" E., and Longitude 173*141001, E.

The area described contains approximately11.670 acres.

b. Adak Island: That Part of the islandeast of the Bay of Island and north of Lati-tude 51°47'15" N.,

The area described contains approximately.61,000 acres of land.

c. Kodiak Island: Beginning at Corner No.2 of U.S. Survey No. 2539, U.S. Naval Re-serve at Kodiak, thence

East, 11,832.42 feet along boundary ofU.S. Survey No. 2539;

N. 34041 , W., 7,907.16 feet;

S. 85-45'15' W., 4,r57.22 feet;N. 89°25'45" W., 5,957.22 feet;S. 52-28'3011 W., 10,567.29 feet;S. 13'10'30" W., 9,085.74 feet;S. 6-34

, E., 4,371.48 feet;S. 87-18'35'' E., 12,715.45 feet to a point on

the west boundary of U.S. Survey No.2539;

North, 13,973.68 feet along west boundaryto the point of beginning.

The area described contains approximately6,269,7 acres.

d. Middle Bay: That portion of the north-west shore of Middle Bay lying east of theeast boundary of U.S. Survey No. 2539, U.S.Naval Reserve.

The area described contains 49.28 acres.

The areas described total in the aggre-gate 78,988.98 acres.

2. Attu and Adak Islands were reservedby Executive Order ITo. 1733 of March 3,1913, as a part of the Aleutian IslandsNational Wildlife Refuge. The reserva-tion .made by this order shall be thedominant reservation except for pur-poses of wildlife conservation and man-agement, as to which Executive OrderNo. 1733 of March 3, 1931 shall be thedominant one. -

3. The lands are not public lands with-in the meaning of the act of February 28,1958 (72 Stat. 27; 43 U.S.C. 155).

ROGER ERNST,Assistant Secretary of the Interior.

AUGUST 19, 1959.

[P.R. Doc. 59-7016; Filed, Aug. 24, 1959;8:45 a.m.]

I

[Public Land Order 1950]

[1981737]

ALASKA

Revoking Public Land Order No. 324of August 14, 1946 (Barrow Reserve)By virtue of the authority vested in

the President, and pursuant to ExecutiveOrder No. 10355 of Ma 26, 1952, it isordered as follows:

Public Land Order No. 324 of August14, 1946, which withdrew public lands inAlaska for classification and proposeddesignation as native reservations forthe inhabitants of the Villages of Barrowand Klukwan, and vicinity, and whichwas revoked in part by Public Land OrderNo. 373 of May 26, 1947, is hereby revokedas to the remaining lands described asfollows:

Beginning at a point on the Arctic Ocean30 miles southwest of Point Barrow, air line,approximate latitude 71*05'27 ' ' N., approx-imate longitude 157'10' W., running thencein a southeasterly direction to McTavishPoint; thence following along the coast ofDease Inlet, Mlson Lagoon, and the ArcticOcean, including Point Barrow, to the placeof beginning, and including .the waters ad-jacent to the above-described area extending3,000 feet from the shore at mean low tide,all as shown on the Reconnaissance Map ofNorthwestern Alaska, 1930, prepared by theU.S. Geological Survey In cooperation withthe Bureau of Engineering, Department ofthe Navy, containing approximately 750square miles of land and app~roximately 50square miles of water.

and Public Land Order No. 82 of January22, 1943.

ROGER ERNST,Assistant Secretary of the Interior.

AUGUST 19,1959.[P.R. Doc. 59-7017; Filed, Aug. 24, 1959;

8:45 a.m.]

Title 42- PUBIC EALTHChapter I-Public Health Service, De-

partment of Health, Education, andWelfare

PART 51-GRANTS TO STATES FORPUBLIC HEALTH SERVICES

Allotments for Heart Disease

Notice of proposed rule making andpublic rule making procedures have beenomitted as unnecessary in the issuanceof the following amendment to this sub-part which relates solely to grants.

Pursuant to section 314(j) of the Pub-lic Health Service Act, as amended (58Stat. 695, 42 U.S.C. 246(j)), theseamendments are made after consultationwith, and with the agreement of, a con-ference of the State health authorities.

The purpose of this amendment is toincrease from 10 cents to 25 cents themaximum uniform per capita allotmentfor the first 100,000 population or partthereof of each State.

Effective July 1, 1959:Paragraph (e) of § 51.3 is amended to

read as follows:(e) Heart disease. Of the amount

available for allotment for heart diseasecontrol programs:

(1) A portion on the basis of a uni-form per capita allotment not to exceed25 cents per capita for the first 100,000population or part thereof of each State;

(2) The remaining amount on thebasis of the remaining population of eachState weighted by financial need.(Sec. 215, 58 Stat. 690, as amended; 42 U.S.C.216. Interpret or apply sec. 314, 58 Stat. 693,as amended; 42 U.S.C. 246)

Dated: August 7, 1959.[SEAL] L. E. BURNEY,

Surgeon General.Approved: August 19, 1959.

ARTHUR S. FLEUTIING,Secretary of Health, Education,

and Welfare.[F.R. Doe. 59-7027; Filed, Aug. 24, 1959;

8:47 aam.]

Title 50--- LDLIFEChapter I-Fish and Wildlife Service,

Department of the InteriorSUBCHAPTER B-HUNTING AND POSSESSION

OF WILDLIFE

PART 6-MIGRATORY BIRDS

Open Seasons, Bag Limits, and Pos-session of Certain Migratory GameBirds

The lands are withdrawn by Executive Basis and purpose. In promulgatingOrder No. 3797-A of February 27, 1923, its migratory bird regulations for the

6S72

Thesday, August 25, 1959

1539-60 season in Canada, the CanadianGovernment reduced export limits onducks. Formerly in the Provinces of Al-1 srta, British Columbia, Manitoba, andSaskatchewan, a person was permittedto export 25 ducks per season from eachprovince. This year, Canadian regula-tions permit the exportation by a per-son of only 20 ducks per season fromeach of the provinces mentioned. Lastyear, throughout the rest of Canada aperson could export 16 ducks per calen-dar week from any province or territory.That limit has been reduced this year to12 ducks per calendar week.

Section 43, Title 18, United StatesCode makes it unlawful for any one totransport or convey from any foreigncountry into the United States "'* * *any wild animal or bird or the dead bodyor part thereof, or the egg of any suchbird, captured, killed, taken, shipped,

From

transported, or carried contrary to thelaw of such foreign country or subdivi-sion thereof. * * *"

The present United States migratorybird regulations under § 6.7(a) establishimport quotas which are greater thanCanadian export limits for ducks andwhich, in effect, would permit a personreturning to the United States fromCanada to import ducks in excess of thepermissible limits established by Cana-dian law. This is contrary to section 43,Title 18, United States Code and it istherefore' necessary that these regula-tions be appropriately amended.

Accordingly, § 6.7(a) is amended toread as follows:

(a) The numbers of such birds per-mitted to be entered and transported byone person, either in a single shipmentor by multiple shipments, shall belimited as follows:

Not to exceedProvince of Alberta, Canada ------ - 20 ducks and 10 geese per season.Province of British Columbia, Canada ------------------- Do.Province of Manitoba, Canada -------------------------- Do.Province of Saskatchewan, Canada ---------------------- Do.Any other Province or Territory of Canada ------------- 12 ducks and 10 geese per cal-

endar week (beginning Sun-day).

Mexico or any other foreign country (except Canada) or 10 ducks and 5 geese per cal-subdivision thereof. endar week.

Any foreign country or subdivision thereof:Band-tailed pigeons ----------------------------- 6 per calendar week.Brant --------------------------------------------- Do.Coots ----------------------------------------- 25 per calendar week.Doves, mourning or white-winged ----------------- 25, singly or in the aggregate of

both kinds, per calendar week.Rails (except sora and coots) and gallinules ---------- 30, singly or in the aggregate of

both kinds, per calendar week.Sora ------------------------------------------------ 25per calendar week.Wilson's snipe -------------------------------------- 8 per calendar week.Woodcock ------------------------------------------ Do.

(See. 3, 40 Stat. 755, as amended; 16 U.S.C. cedure Act of June 11, 1946, and the704. Interprets or applies E.O. 10250, 16 F.R. 30-day publication as required under5335, 3 CFR, 1951 Supp-) section 4(c) of that Act are waived for

Since waterfowl hunting will corn- good cause shown, as previously set forthin this document. Accordingly, thismence in Canada in September, and since a n is effeti on tiamendment is effective on publicationthe foregoing amendment is necessary in the FEDERAL REGISTER.in order that the United States migra-tory bird regulations shall conform with 'FRED A. SEATON,the Statutory requirements of the Crimi- Secretary of the Interior.nal Code as set forth above, notice of AUGUST 21, 1959.proposed rule making as required under [P.R. Doc. 59-7077; Filed, Aug. 21, 1959;section 4(a) of the Administrative Pro- 2:05 p-m.]

PROPOSED RULE M AKING

DEPARTMENT OF THE TREASURYInternal Revenue Service

[26 CFR (1954) Part 48 ]MANUFACTURERS EXCISE TAX ON

REFRIGERATION EQUIPMENT,ELECTRIC GAS, AND OIL AP-PLIANCES, AND ELECTRIC LIGHTBULBSNotice of Proposed Rule MakingNotice is hereby given, pursuant to the

Administrative Procedure Act, approvedNo. 166-2

June 11, 1946, that the regulations setforth in tentative form below are pro-posed to be prescribed by the Commis-sioner of Internal Revenue, with theapproval of the Secretary of the Treas-ury or his delegate. Prior to the finaladoption of such regulations, considera-tion will be given to any comments orsuggestions pertaining thereto whichare submitted in writing, in duplicate,to the Commissioner of Internal Reve-nue, Attention: T:P, Washington 25,D.C., within the period of 30 days fromthe date of publication of this notice inthe FEDERAL REGISTER. Any person sub-mitting written comments or suggestions

who desires an opportunity to commentorally at a public hearing on these pro-posed regulations should submit his re-quest, in writing, to the Commissionerwithin the 30-day period. In such acase, a public hearing will be held andnotice of the time, place, and date willbe published in a subsequent issue ofthe FEDERAL REGISTER. The proposedregulations are to be issued under theauthority contained in section 7805 ofthe Internal Revenue Code of 1954, asamended (68A Stat. 917; 26 U.S.C. 7805).

[SEAL] CHARLES I. Fox,Acting Commissioner

of Internal Revenue.

The following regulations are herebyprescribed under sections 4111, 4121, and4131 of the Internal Revenue Code of1954, as amended, relating to taxes im-posed on the sale of refrigeration equip-ment, electric, gas, and oil appliances,and electric light bulbs, respectively, ef-fective January 1, 1959:

Subpart I-Refrigeratian Equipment, Electric, Gas,and 01 Appliances, and Electric Light Bulbs

REF5IGmRATOiq E uIpzmwTSic.48.4111 Statutory provisions; imposition

of tax.48.4111-1 Imposition of tax.48.4111-2 Definitons.48.4111-3 Parts or accesorles.48.4111-4 Tax-free sales.48.4111-5 Effective date.

ELCTRIC, GAS AND OIL APPLIANcES

48.4121 Statutory provisions; imposltionof tix.

48.4121-1 Imposition of tax.48.4121-2 Definitions.48.4121-3 Parts or acc ssorles.48.4121-4 Tax-free sales.48.4121-5 Effective date.

48.4131

43.4131-148.4131-248.4131-3

ELEcTRIc LIGT BuLns

Statutory- provisions; impositionof tax.

Imposition of tax.Definitions.Tax-free sales.

Subpart I-Refrigeration Equipment,Electric, Gas, and Oil Appliances,and Electric Light Bulbs

REFRIGERATION EQUIPMENT

§ 48.4111 Statutory provisions; imposi-tion of tax.

SEc. 4111. Imposition of tax. There Ishereby imposed upon the sale of the follow-ing articles (including In each case partsor accessories therefor sold on or in connec-tion with the sale thereof) by the manufac-turer, producer, or importer a tax equivalentto the specified percent of the price for whichso sold:

A=TIcLEs TAXABLE AT 5 PncENT-Household type refrigerators (for single or

multiple cabinet installations) having, orbeing primarily designed for use with, amechanical refrigerating unit operated byelectricity, gas, kerosene, or gasoline.

Household type units for the quick freezingor frozen storage of foods operated by elec-tricity, gas, kerosene, or gasoline.

Combinations of household type refrigera-tors and quick-freeze units described above.

ARTicsEs TAXABLE AT 10 PERcENIT-Self-contained air-conditioning units.

[Section 4111 as amended and in effect Jan. 1,19591

FEDERAL REGISTER 6873

PROPOSED RULE MAKING

§ 48.4111-1 Imposition of tax.(a) In general. Section 4111 imposes

a tax on the sale by the manufacturer,producer, or importer of the followingarticles (including in each case parts oraccessories therefor sold on or in con-nection with the sale thereof) :

(1) Household type refrigerators (forsingle or multiple cabinet installations)having, or being primarily designed foruse with, a mechanical refrigerating unitoperated by electricity, gas, kerosene, orgasoline;

(2) Household type units for the quick,freezing or frozen storage of foods oper-ated by electricity, gas, kerosene, or gas-oline;

(3) Combinations of household typerefrigerators and quick-freeze units de-scribed in subparagraphs (1) and (2) ofthis paragraph; and

(4) Self-contained -air-conditioningunits.

(b) Rates and computation of tax.(1) Tax is imposed on the sale of thearticles specified in section 4111 and par-agraph (a) of this section at the ratesspecified below:

PercentHousehold type refrigerators, house-

hold type quick-freeze units, andcombinations of such refrigeratorsand quick-freeze units .------------- 5

Self-contained air-conditioning units. 10

(2) Tax is computed by applying theapplicable rate to the price for which thearticle is sold. For the definition of theterm "price", see section" 4216 and theregulations thereunder contained inSubpart M of this part.

(c) Liability for tax. The tax imposedby section 4111 is payable by the manu-facturer, producer, or importer makingthe sale.

§ 48.4111-2 Definitions.

For purposes of the tax imposed by sec-tion 4111, unless otherivise expresslyindicated:

(a) Household type refrigerators.- Theterm "household type refrigerators" in-cludes refrigerators for single or multiplecabinet installations which-

(1) Have an actual, practical, com-mercial fitness, or are specifically de-signed and constructed, for householduse,

(2) Have, or are primarily designed foruse with, a mechanical refrigerating unitoperated by electricity, gas, kerosene, orgasoline, and

(3) Are arranged to provide refriger-ated storage space for the preservation offood or low temperature space for malkingice cubes or frozen desserts.

(b) Household type units for the quiclofreezing or frozen storage of foods. Theterm "household type units for the quickfreezing or frozen storage of foods', in-cludes units solely for the quick freezingof foods or solely for the storage of frozenfoods or combinations thereof which-

(1) Have an actual, practical, commer-cial fitness, or are specifically designedand constructed, for household use, and

(2) Are operated by electricity, gas,kerosene, or gasoline.

(a) Self-contained air-conditioningunits. The term "self-contained air-conditioning units" includes a factory-

made encased assembly or one sold forassembly on installation.which-

(1) Is designed for the direct deliveryof conditioned air and for the removalof heat,

(2) Incorporates means for cooling,dehumidifying, and circulating the airof a room or other enclosure, and

(3) Is designed for use as a portableunit, console unit, or for installation inor in front of a window or other opening.An assembly which meets the conditionsin subparagraphs (1), (2), and (3) ofthis paragraph, and which also includesmeans for ventilating, heating, or per-f6rming other functions, constitutes a"self-contained air-conditioning unit" inits entirety or in part, depending on thefacts in each case However, the term"self-contained air-conditioning units"does not include any unit which requiresthe use of a water-cooled system for thedischarge of removed heat. Likewise,the term does not include units whichare primarily designed for use in con-nection with motor vehicles and whichare taxable as automobile parts or acces-sories under section 4061(b) and the reg-ulations thereunder contained in Sub-part H of this part.

(d) Cross references. For other rele-vant definitions, see § § 48.0-2 and 48.7701.§ 48.4111-3 Parts or accessories.

The tax attaches in respect of partsor accessories'for articles specified in sec-tion 4111 and paragraph (a) of § 48.4111-1 sold on-or in connection with the salethereof at the rate applicable to the saleof the basic articles. The tax attacheswhether or not the parts or accessoriesare billed separately. Moreover, if tax-able articles are sold by the manufac-turer, producer, or importer thereofwithout parts or accessories which areconsidered equipment essential for theoperatioh or appearance of such articles,the sale of such parts or accessories willbe considered, in the absence of evidenceto the contrary, to have been made inconnectioi with the sale of the basicarticle even though they are shipped sep-arately at the same time or on a differentdate. On the other hand, no tax at-taches in respect of parts or accessoriesfor articles specified in' section 4111 andparagraph (a) of § 48.4111-1 which aresold otherwise than on or in connectionwith such articles or with the salethereof.§ 48.411'1-4 Tax-free sales.

For provisions relating to tax-freesales of articles referred to in section4111, see-

(a) Section 4221, relating to certaintax-free sales;

(b) Section 4222, relating to registra-tion; and

(c) Section 4223, relating to specialrules relating to further manufacture;and the regulations thereunder containedin Subpart N of this part.§ 48.4111-5 EffectiVe date.

The provisions of § 48.411-1-1 through48.411-4 are effective as provided inSubpart A of this part except that underthe authority of section 7805(b) the pro-visions of such sections shall not be ap-

plicable in respect of sales made by amanufacturer, producer, or importer be-fore the first day of the first calendarmonth which begins more than 30 daysafter the date of publication of the regu-lations in this subpart in the FEDERALREGISTER of the following articles:

(a) "Household type refrigerators",as defined in paragraph (a) of § 48.4111-2, which have a net storage space exceed-ing 14 cubic feet;

(b) Combinations of "household typerefrigerators" and "household type unitsfor the quick freezing or frozen storageof foods", as defined in paragraphs (a)and (b) of § 48.4111-2, which have a netstorage space exceeding 14 cubic feet inthe normal temperature refrigeratorportion.

(c) "Self-contained air-conditioningunits", as defined in paragraph (c) of§ 48.4111-2, which have a total motorhorsepower of 1 or more horsepower, or,in the case of absorption types, a totalcooling capacity of 10,000 or more B.T.U.per hour.

ELECTRIC, GAS, AND OIL APPLIANCES


SEC. 4121. Imposition of tax. There Ishereby imposed upon the sale by the manu-facturer, producer, or importer of the fol-,lowing articles of the household type (In-cluding In eich case parts or accessoriestherefor sold on or in connection with thesale thereof), a tax equivalent to 5 percentof the price for which so sold:

Electric, gas, or oil water heaters.Electric flatirons.Electric air heaters (not Including fur-

naces).Electric Immersion heaters.Electric blankets, sheets, and spreads.Electric, gas, or oil appliances of the type

used for cooking, warming, or keeping warmfood or beverages for consumption on thepremises.

Electric mixers, whippers, and juicers.Electric direct-motor and belt-driven fans

and air circulators.Electric exhaust blowers.Electric or gas clothes driers.Electric door chimes.Electric dehumidifiers.Electric dishwashers.Electric food choppers and grinders.Electric hedge trimmers.Electric ice cream freezers.Electric mangles.Electric pants pressers.Electric, gas, or oil ncinerator units and

garbage disposal units.Power lawn mowers.

[Section 4121 as amended and in effect Jan.1, 1959]

§ 48.4121-1 Imposition of tax.

(a) In general. Section 4121 imposesa tax on the sale by the manufacturer,producer, or importer of the followingarticles of the household type (includingin each case parts or accessories there-for sold on or in connection with thesale thereof):

(1) Electric, gas, or oil water heaters.(2) Electric flatirons.(3) Electric air heaters (not including

furnaces).(4) Electric -immersion heaters.(5) Electric blankets, sheets, and

spreads.(6) Electric, gas, or oil appliances of

the type used for cooking, warming, or

6974I


keeping warm, food or beverages for con-sumption on the premises.

(7) Electric mixers, whippers, andju5cers.

(8) Electric direct-motor and belt-driven fans and air circulators.

(9) Electric exhaust blowers.(10) Electric or gas clothes driers.(11) Electric door chimes.(12) Electric dehumidifiers.(13) Electric dishwashers.(14) Electric f o c d choppers and

grinders.(15) Electric hedge trimmers.(16) Electric ice cream freezers.(17) Electric mangles.(18) Electric pants pressers.(19) Electric, gas, or oil incinerator

units and garbage disposal units.(20) Power lawn mowers.(b) Rate and computation of tax.

Tax is imposed on the sale of the articlesspecified in section 4121 and paragraph(a) of this section at the rate of 5percent of the price for which the articleis sold. For the definition of the term"price", see section 4216 and the regula-tions thereunder contained in Subpart Mof this part.

(c) Liability for tax. The tax imposedby section 4121 is payable by the manu-facturer, producer, or importer makingthe sale.

§ 48.4121-2 Definitions.For purposes of the tax imposed by

section 4121, unless otherwise expresslyindicated:

(a) Articles of the household type.The term "articles of the household-type" includes all articles enumerated insection 4121 which have an actual, prac-tical, commercial fitness, or are specifi-cally designed and constructed, forhousehold use.

(b) Electric air heaters. The term"Electric air heaters" includes all port-able space heaters which are operated byelectrical-energy, regardless of the meansutilized to directly produce heat. Someexamples of taxable electrically operatedair heaters are filament, filament andfan, radiant surface, hot water, andsteam heaters. The term does not in-clude furnaces.

(c) Appliances used for cooking, etc.The term "Electric, gas, or oil appliancesof the type used for cooking, warming,or keeping warm, food or beverages forconsumption on the premises" includesany type of appliance operated by, or forwhich the heat is generated by, electric-ity, gas, or oil, which is used to cook,warm, or keep warm, food or beveragesfor consumption on the premises. Thefollowing are some examples of articlessubject to tax under this classification:coffee makers, ranges, roasters, toasters,waffle irons, griddles, casseroles, electricfrying pans, hot plates, and broilers.

(d) Electric fans and air circulators.The term "Electric direct-motor andbelt-driven fans and air circulators" in-eludes all types of direct-motor and belt-driven fans and air circulators that pro-vide movement or circulation of air,whether for intake or exhaust, if theyare designed and constructed to be oper-ated as independent units.

(e) Electric exhaust blowers. Theterm "Electric exhaust blowers" includesall direct-motor-driven and belt-drivenexhaust blowers which aie designed andconstruced to be operated as independ-ent units.§ 48.4121-3 Parts or accessories.

The tax attaches in respect of parts oraccessories for articles specified in sec-tion 4121 and paragraph (a) of§ 48.4121-1 sold on or in connection withthe sale thereof at the rate applicableto the sale of the basic articles. The taxattaches whether or not the parts oraccessories are billed separately. More-over, if taxable electric, gas, or oil appli-ances are sold by the manufacturer, pro-ducer, or importer thereof without partsor accessories which are consideredequipment essential for the operation orappearance of such articles, the sale ofsuch parts or accessories will be consid-ered, in the absence of evidence to thecontrary, to have been made in connec-tion with the sale of the basic articleseven though they are shipped separatelyat the same time or on a different date.On the other hand, no tax attaches inrespect of parts or accessories for articlesspecified in section 4121 and paragraph(a) of § 48.4121-1 which are sold other-wise than on or in connection with sucharticles or with the sale thereof.§ 48.4121-4 Tax-free sales.

For provisions relating to tax-free salesof articles referred to in section 4121,see-



(c) Section 4223, relating to specialrules relating to further manufacture;and the regulations thereunder con-tained in Subpart N of this part.§ 48.4121-5 Effective date.

The provisions of §§ 48.4121-1 through48.4121-4 are effective as provided in Sub-part A except that under the authorityof section 7805 (b) the provisions of suchsections shall not be applicable in respectof sales made by a manufacturer, pro-ducer, or importer before the first day ofthe first calendar month which beginsmore than 30 days after the date of pub-lication of the regulations in this subpartin the FEDERAL REGISTER of the followingarticles:

(a) Direct motor-driven desk, bracket,and pedestal type fans and air circulatorswith blade diameter exceeding 16 inches.

(b) Electric belt-driven fans designedfor use as exhaust or intake ventilatingfans to be operated as independent units,with blade diameters of 40 or moreinches.

EL cTRic LIGnT BuLBS


SEC. 4131. Imposition of tax. Miere ishereby imposed upon the sale by the manu-facturer, producer, or importer of electriclight bulbs and tubes, not including articlestaxable under any other provision of thischapter, a tax equivalent to 10 percent ofthe price for which so sold.

[Section 4131 as originally enacted and ineffect Jan. 1, 1959]

§ 48.4131-1 Imposition of tax.

(a) In general. Section 4131 imposesa tax on the sale of electric light bulbsand tubes by the manufacturer, producer,or importer. However, no tax attachesunder section 4131 if the light bulbs andtubes are taxable under any other pro-vision of chapter 32 of the 1954 Code as,for example, a light bulb taxable undersection 1061(b) as an automobile acces-sory.

(1) Rates and computation of tax.Tax is imposed upon electric light bulbsand tubes at the rate of 10 percent of theprice for which the article is sold. Forthe definition of the term "price", see sec-tion 4216 and the regulations thereundercontained in Subpart M of this part.

(c) Liability for tax. The tax im-posed by section 4131 is payable by themanufacturer, producer, or importermaking the sale.§ 48.4131-2 Definitions."

For purposes of the tax imposed bysection 4131, unless otherwise expresslyindicated, the term "electric light bulbsand tubes" includes any device designedfor the diffusion of artificial light forilluminative or decorative purposesthrough the use of electricity. The termdoes not include electric bulbs or tubeswhich are primarily designed for blue-printing, photoprinting, or other photo-copying applications !n which the ultra-violet radiation furnished by the bulbs ortubes is essential, nor does It includetubes shaped in the form of words,letters, numbers, or other meaningfulsymbols which convey a message or por-tion of a message.§ 48.4131-3 Tax-free sales.

For provisions relating to tax-freesales of articles referred to in section4131, see-



(c) Section 4223, relating to specialrules relating to further manufacture;and the regulations thereunder con-tained in Subpart N of this part.[F.R. Doc. 59-7038; Filed, Aug. 24, 1959;

8:49 am.]

FEDERAL AVIATION AGENCY[ 14 CFR Parts 40, 41, 42 1

[Reg. Docket Nos. 40, 41, 42; Draft ReleaseNos. 59-4A, 59-5A, 59-6A]

MAXIMUM AGE LIMITATIONS FORPILOTS

Extension of Time for Comments

In the notices of proposed rule makingon this matter (Draft Releases 59-4,59-5 and 59-6) published in the FEDERALREGISTER on June 27, 1959 (24 F.R. 5247,5248 and 5249), it was stated that con-sideration would be given to all relevantmatter in commiunications receivedwithin sixty days after the publication

FEDERAL REGISTER 6875

PROPOSED RULE MAKING

of such notices in the FEDERAL REGISTER.Thus, comments are presently due on orbefore August 28, 1959.

On behalf of the member airlines, theAir Transport Association has requestedthe Administrator to extend the date forcomments for an additional sixty days.This request is based on the significantimpact of the proposal upon the airlineindustry and-the consequent need forthorough study before commenting onthe proposal. While the potentialimpact of this proposal on airline opera-tions is realized, it does not appearnecessary to grant the full sixty-day ex-tension requested by the Air TransportAssociation since a total period of threemonths for the return of commentshould be adequate to permit the mem-ber airlines to properly evaluate thisproposal and prepare detailed commentsthereon. Accordingly, the date pre-viously set forth for return of commentswill be extended for an additional periodof thirty days.

Therefore, pursuant to the authoritydelegated under § 405.27, I hereby extendthe date for comment on Draft Releases59-4, 59-5 and 59-6 to September 28,1959. Communications should be sub-mitted in duplicate to the Docket Sec-tion, Federal Aviation Agency, RoomB-316, 1711 New York Avenue NW.,Washington 25, D.C. All comments sub-mitted will be available for examinationby interested persons in the Docket Sec-tion when the prescribed time for thereturn of comments has expired.(Sees. 313(a), 601, 602, 604, 72 Stat. 752, 775,776, 778; 49 U.S.C. 1354, 1421, 1422, 1424)

Issued in Washington, D.C., on August18, 1959.

JAES L. GODDARD,Chief, Office. of

the Civil Air Surgeon.[P.I. Dc, 59-7010; Filed, Aug. -4, 1959;

8:45 am.)

[14 CFR Parts 40, 41, 42 3[Reg. Docket No. 39, Draft Release No. 59-3A]

APPROVAL OF TRAINING PROGRAMSAND CERTIFICATION AND QUALI-FICATION STANDARDS OF PILOTSOTHER THAN PILOTS IN COMMAND

Extension of Time -For CommentsIn the notice of proposed rule making

on this matter (Draft Release 59-3) pub-lished in the FEDERAL REGISTER on June27, 1959 (24 F.R. 5346), by the FederalAviation Agency, it was stated that inorder to insure consideration commentsshould be received by the Agency notlater than August 31, 1959. The AirTransport Association of America, actingon behalf of the scheduled air carriers,has requested the Administrator to ex-tend the date for comment by 60 days.This request was predicated upon theneed for additional time to develop acomplete and careful evaluation of theimpact which the proposed amendmentswould have on the industry if adopted.

The draft release proposes revisions toParts 40, 41, and 42 of the Civil AirRegulations with respect to approval of

training programs, and certification andqualification standards of pilots other,than pilots in command. The proposedamendments are designed to insure thatair carrier aircraft are flown by pilotswho are thoroughly trained and appro-priately rated for the aircraft. Con-sequently it is important that this pro-posal be given expeditious handling.The deadline date of August 31, 1959,appeared to give ample time for submis-sion of comments, However, in view ofthe reason advanced by the scheduledair carriers, an additional 20 days willbe given in this case for the submissionof comments.

In consideration of the foregoing,notice is hereby given that the timewithin which comments will be receivedis extended to September 21, 1959. Com-munications should be submitted induplicate to the Docket Section of theFederal Aviation Agency, Room E-316,1711 New York Avenue NW., Washington25, D.C. All comments submitted will beavailable for examination by interestedpersons in the Docket Section when theprescribed date for return of commentshas expired.(Section 313(a), 601, 602' 604 of the FederalAviation Act of 1958 (72 Stat. 752, 775, 776,778; 49 U.S.C. 1354(a), 1421, 1422, 1424))

Issued in Washington, D.C., on August18,1959.

E. R. QUESADA,Administrator.

AuGUST 18, 1959.

[P.R. Doc. 59-7011; Filed, Aug. 24, 1959;8:48 a.ln]

[ 14 CFR Parts 600, 601 3[Airspace Docket 59-WA-110

FEDERAL AIRWAYS AND CONTROLAREAS

ModificationPursuant to the authority delegated to

me by the Administrator (§ 409.13, 24P.R. 3499), notice is hereby given thatthe Federal Aviation Agency is consider-ing an amendment to §§ 600.6443 and601.6443 of the regulations of the Admin-istrator, as hereinafter set forth.

VOR Federal airway No. 443 presentlyextends from Glen Dale, W. Va., to Cleve-land, Ohio. The Federal AviationAgency has under consideration themodification of -the Tiverton, Ohio, toCleveland, Ohio, segment of Victor 443by designating an east alternate fromthe Tiverton VOR via the point of inter-section of the Tiverton VOR 0170 withthe Cleveland VOR 138' radials; to theCleveland VOR. This modification ofVictor 443 will establish an additionalroute for aircraft departing the Cleve-land, Ohio, terminal area destined forsouthern terminals.

Interested persons may submit suchwritten data, views or arguments as theymay desire. Communications should besubmitted in triplicate to the RegionalAdministrator, Federal Aviation Agency,VFederal, Building, New York Interna-tional Airport, Jamaica 30, N.Y. Allcommunications received within thirty

/

days after publication of this notice inthe FEDERAL REGISTER will be consideredbefore action is- taken on the proposedamendment. No public hearing is con-templated at this time, but arrangementsfor informal conferences with FederalAviation Agency officials may be madeby contacting the Regional Adminis-trator, or the Chief, Airspdace UtilizationDivision, Federal Aviation Agency,Washington 25, D.C. Any data, views orarguments presented during such con-ferences must also be submitted in writ-ing -in accordance with this notice inorder to, become part of the record forconsideration. The proposal containedin this notice may be changed in thelight of comments received.

The official Docket will be available forexamination by interested persons at theDocket Section, Federal Aviation Agency,Room B-316, 1711 New York AvenueNW., Washington 25, D.C. An informalDocket will also be available for exam-ination at the office of the'RegionalAdministrator.

This amendment is proposed undersections 307(a) and 313(a) of the Fed-eral Aviation Act of 1958 (72 Stat. 749,752; 49 U.S.C. 1348, 1354).

In consideration of the foregoing, it isproposed to amend §§ 600.6443 and601.6443 (24 F.R. 1285, 1287) to. read asfollows:

§ 600.6443 VOR Federal airway No. 443(Glen Dale, W. Va., to Cleveland,,Ohio).

From the point of INT of the Pitts-burgh, Pa., VOR 244 ° and the Zanesville,Ohio, VOR 0880 radials via the New-comerstown, Ohio, VOR; Tiverton, Ohio,VOR; to the Cleveland, Ohio, VOR, in-cluding an east alternate via the point ofINT of the Tiverton VOR 0170 with theCleveland VOR 138 ° radials.

§ 601.6443 VOR Federal airway No. 443control areas (Glen Dale, W. Va., toCleveland, Ohio).

All of VOR Federal airway No. 443,including an east alternate.

Issued in Washington, D.C., on August19, 1959.

D. D. THouTs,Director,

Bureau of Air Traffic Management.

[.R. Doec. 59-7012; Filed, Aug. 24, 1959:8:45 am.]

FEDERAL COMUJNICATIO ISCOMMISSION

[47 CFR Part 3 3[Docket No. 13083]

MICROWAVE FREQUENCIES FOR PRI-VATE COMMUNICATIONS SYS-TEMS, EXCLUDING BROADCASTERS

Technical Standards Governing theGrant of Applications for the UseThere being under consideration a re-

quest fled August 13, 1959, by ElectronicIndustries Association (EIA), onbehalfof its IMficrowave Section of the IndustrialElectronics Division, for an extension of

6S76


time until September 24, 1959, In whichto file comments in the above-captionedproceedings;

It appearing that the EIA states thatsuch additional time is necessary for it tostudy the proposed standards thoroughlyin order that it may file meaningful anduseful comments concerning such pro-posal;

It further appearing that the Commis-sion desires to have comments on suchrule-making proposal in their most com-plete and useful form;

FEDERAL REGISTER

It further appearing that the requestappears to be reasonable and would aidthe Commission in reaching its determi-nation in this matter, and that an exten-sion of time is considered necessary andwould be in the public interest;

It is-ordered, This 19th day of August1959, pursuant to the provisions of sec-tion 0.291(b) (4) of the Commission'sStatement of Delegations of Authority,that the above-described request for ex-tension of time is granted, and that thetime in which to file comments in this

proceeding is extended to September 24,1959, with an additional ten days inwhich comments in reply thereto may befiled.

Released: August 20, 1959.FEDERAL COMMUNICATIONS

CoMMIssIoN,[SEAL] MARY JANE MORRIS,

Secretary.

[F.R. Doe. 59-7044; Friled, Aug. 24, 1959;8:50 a.m.]

NOTICES

DEPARTMENT OF THE TREASURY-Bureau of Customs

[643.3]

PORTLAND CEMENT FROM ISRAEL

Purchase Price; Foreign Market ValueAUGUST 19, 1959.

Pursuant to section 201(b) of the Anti-dumping Act, 1921, as amended (19U.S.C. 160(b)), notice is hereby giventhat there is reason to believe or suspect,from information presented to me, thatthe purchase price of Portland cementfrom Israel is less, or likely to be less,than the foreign market value, as definedby sections 203 and 205, respectively, ofthe Antidumping Act, 1921, as amended(19 U.S.C. 162 and 164).

Customs officers are being authorizedto withhold appraisement of entries ofPortland cement from Israel pursuantto section 14 9 of the Customs Regula-tions (19 CFR 14.9).

[SEAL] RALPH KELLY,Commissioner of Customs.

[P.R. Doe. 59-7037; Filed, Aug. 24, 1959;8:49 am.]

Office of the Secretary[AA 643.3]

SWISS OR EMMENTHAL CHEESE FROMFINLAND

Determination of No Sales at LessThan Fair Value

AUGUST 19, 1959.A complaint was received that Swiss

or emmenthal cheese from Finland wasbeing sold to the United States at lessthan fair value within the meaning ofthe Antidumping Act of 1921.

I hereby determine that Swiss or em-menthal cheese from Finland is notbeing, nor is likely to be, sold in theUnited States at less than fair valuewithin the meaning of section 201(a) ofthe Antidumping Act, 1921, as amended(19 U.S.C. 160(a)).

Statement of reason.s. First qualitySwiss cheese has been imported fromFinland at a price which has not varied

during the past several years. This qual-ity is not considered competitive with theUnited States product. Toward the endof 1958, an inexpensive cheese began toenter the United States from Finland insubstantial quantities. The complaintarose subsequent to these importationsand appeared to be directed thereto.

It was determined that inexpensiveSwiss cheese is not sold in the Finnishhome market, but is sold to third coun-tries. The information available indi-cated that the purchase price was not lessthan the price to third countries.

There have been no importations of in-expensive Swiss cheese from Finlandsince March 1959, and information re-ceived indicates that there is no likeli-hood of further imports of such cheese.

This determination and the statementof reasons therefor are published pur-suant to section 201 (c) of the Antidump-ing Act, 1921, as amended (19 U.S.C.160(c)).

[SEAL] A. GILMORE FLUES,Acting Secretary of the Treasury.

[P.R. Doc. 59-7040; Filed, Aug. 24, 1959;8:49 am.]

[AA 643.3]

PETROLEUM PRODUCTS FROMRUMANIA

Determination of No Sales at LessThan Fair Value

AUGUST 17, 1959.A complaint was received that petro-

leum products from Rumania were beingsold to the United States at less than fairvalue within the meaning of the Anti-dumping Act of 1921.

I hereby determine that petroleumproducts from Rumania are not being,nor are likely to be, sold in the UnitedStates at less than fair value within themeaning of section 201(a) of the Anti-dumping Act, 1921, as amended (19U.S.C. 160(a)).

Statement of reasons. Investigationshowed that the importations in questionconsisted of one shipment of residualfuel oil and one shipment of coke ovencrude tar. There have been no furtherimportations, and it appears that eachshipment was a one-time operation.

No information was developed duringthe course of the investigation whichwould indicate that these petroleumproducts from Rumania were being soldat less than fair value.

Customs officers have been instructedto report all future shipments of petro-leum products from Rumania to the Bu-reau of Customs for consideration andappropriate action.

This determination and the statementof reasons therefor are published pur-suant to section 201(c) of the Antidump-ing Act, 1921, as amended (19 U.S.C.160(c)).

[SEAL] A. GILMORE FLUES,Acting Secretary of the Treasury.


[Dept. Circ. 570, 1959 Rev. Supp. 31

SUPERIOR RISK INSURANCE CO.

Surety Company Acceptable onFederal Bonds

AUGUST 20,1959.Effective June 12, 1959, Ohio Farmers

Indemnity Company, a Ohio corporation,formally changed its name to SuperiorRisk Insurance Company. A certifiedcopy of Certificate of Amendment toArticles of Incorporation changing thename of Ohio Farmers Indemnity Com-pany to Superior Risk Insurance Com-pany, which was approved by theAttorney General of the State of Ohioand filed in the office of the Secretaryof State of the State of Ohio on June 12,1959, has been received and filed in theTreasury.

The change in name of Ohio FarmersIndemnity Company does not affect itsstatus or liability with respect to anyobligation in favor of the United Statesor in which the United States has aninterest, which it may have undertakenpursuant to its authority under the Actof Congress approved July 30, 1947 (6U.S.C. secs. 6-13), to qualify as solesurety on such obligations.

The name of the company will appearas Superior Risk Insurance Company Inthe next annual revision of this circular(Treasury Department Circular No. 570)which lists the companies authorized to

6877

NOTICES

act as acceptable sureties on bonds infavor of the United States.

ESrAL] W. T. REFFELFINGER,Fiscal Assistant Secretary.

[FR. Doc. 59-7039; Vi1e:1, Aug. 24, 1959;8:49 a.m.]

EP TIENT OF MMERCEFederal Maritime Board

ALCOA STEAMSHIP CO., INC.

Noice of Agreements Filed forApproval

Notice is hereby given that the follow-ing described agreements have been filedwith the Board for approval pursuant tosection 15 of the Shipping Act, 1916 (39Stat. 733, 46 U.S.C. 814) :

(1) Agreement No. 8398, betweenAlcoa Steamship Company, Inc., andLamport & Holt Line. Ltd., covers athrough billing arrangement in the tradefrom Argentina, Brazil and Uruguay toPuerto Rico, with transshipment at NewOrleans or Mobile;

(2) Agreement No. 8399, between AlcoaSteamship Company, Inc., and Lamport& Holt Line, Ltd., covers a through billingarrangement in the trade from Argen-tina, Brazil and Uruguay to the VirginIslands, with transshipment at New Yorkor Baltimore;

(3) Agreement No. 8401, between AlcoaSteamship Company, Inc., and Lamport& Holt Line, Ltd., covers a through billingarrangement in the trade from Argen-tina, Brazil and Uruguay to the VirginIslands, with transshipment at NewOrleans or Mobile;

(4) Agreement No. 8402, between AlcoaSteamship Company, Inc., and BoothSteamship Company, Ltd., covers athrough billing arrangement in the tradefrom Brazil and Peru to Puerto Rico,with transshipment at New Orleans orMobile;

(5) Agreement No. 8403, between AlcoaSteamship Company, Inc., and BoothSteamship Company, Ltd., covers athrough billing arrangement in the tradefrom Brazil and Peru to the VirginIslands, with transshipment at New Yorkor Baltimore;

(6) Agreement No. 8404, betweenAlcoa Steamship Company, Inc., andBooth Steamship Company, Ltd., coversa through billing arrangement in thetrade from Brazil and Peru to the VirginIslands, with transshipment at NewOrleans or Mobile; and

(7) Agreement No. 8391, betweenLykes Bros. Steamship Co., Inc., andCompagnie des Messageries Maritime,covers a through billing arrangement inthe trade from U.S. Gulf ports to certaindesignated Madagascar Base Ports,Madagascar Outports, and Comores Is-lands ports, with transshipment at Dares Salaam and Mombasa in British EastAfrica.

Interested parties may inspect theseagreements and obtain copies thereof atthe Regulation Office, Federal MaritimeBoard, Washington, D.C., and may sub-

mit, within 20 days after publicationof this notice in the FEDERAL REGISTER,written statements withireference to anyof thee agreements and their positionas to approval, disapproval, or modifica-tion, together with request for hearingshould such hearing be desired.

Dated: August 20, 1959.

By order of the Federal MaritimeBoard.

[SEAL) GEo. A. VIEHmmNN,Assistant Secretary.


POST OFFCE DEPARTMEITREMISSION OF FINES, PENALTIES,

FORFEITURES, AND CLAIMS

Delegation of Authority

The following is the text of an Orderof the Assistant Postmaster General,Bureau of Finance, dated July 31, 1959:

Pursuant to authority of PostmasterGeneral Order No. 56925, dated July 27,1959 (24 F.R. 6584) authority is herebyredelegited to the Finance Officer, Bu-reau of Finance, to take final action inhis own name with respect to all mattersconverted by 5 U. S. Code, 383, 384, andU.S. Code 82a-1, 82a-2, 82c.(R.S. 161, as amended, 396 as amended, sec.I(b), 63 Stat. 1066; 5 U.S.C. 22, 1337-15, 369)

[SEAL] HERBERT B. WARBURTON, -General Counsel.

[F R. Doc. 59-7031;. Filed. Aug. 24, 1959;8:48 a.m.]

NEW NAMES OF COUNTRIES

A number of former French posses-sions in Africa are now known by newnames in consequence of their changedpolitical status. A list of the countriesconcerned is given below, showing their.new names and the names by which theyare now designated in Chapter I of Title39, Code of Federal Regulations. Pend-ing the issuance of amendments, postoffices will accept and dispatch mail ad-dressed to the new country names inaccordance with the existing regulations.

New Names Former NamesCentral African Oubangl Chari (French

Republic. Equatorial Africa).Chad (Republic Tchad (French Equa-of) tolal Africa).

Comoro Islands --- Comoro Islands(Madagascar).

Congo (Republic Moyen (Middle) Congoof) (French Equatorial

Africa).Gabon Republic.... Gabon (French Equa-

torial Africa).Malgache Republic_ Madagascar.Soudanese Republic. French Soudan.Volta Republic --- Upper Volta.(R.S. 161, as amended, 396, as amended, 398,as amended; 5 U.S.C. 22, 369, 372)

[SEAL] HERBERT B. WARBURTON,General Counsel.


CIIfl AER8AqV~C3 BOARD[Docket No: SA-342]

ACCIDENT OCCURRING AT CALVER-TON, LONG ISLAND, N.Y.

Notice of Hearing

In the matter of investigation of ac-cident involving aircraft of United StatesRegistry N 7514A, which occurred atCalverton, Long Island, New York,August 15, 1959.

Notice is hereby given, pursuant to theFederal Aviation Act of 1958, particularlyTitle VII of said Act, in the above-en-titled proceeding that hearing is herebyassigned to be held on Thursday, August27, 1959, at 9:30 a.m. (local time) at theBallroom, Henry Perkins Hotel, River-head, Long Island, New York.

Dated at Washington, D.C., August 19,1959.

[SEAL] CLAUDE SCHONBERGER,Hearing Oficcr.


FEDERAL COMMCT(INS

[Docket No. 12837 etc.; FCC 59-872]

BIRNEY IMES, JR., ET AL.

Order Designating Applications forConsolidated Hearing on StatedIssues

In re applicapions of Birney Imes, Jr.,West Memphis, Arkansas, requests 730 kc,250 w, Day, Docket No. 12837, File No.BP-11465; Nathan Bolton and A. R.McCleary, d/b as Morehouse Broadcast-ing Company (KTP.Y), Bastrop, Louis-iana, has 730 kc, 250 w, Day, requests 730kc, 500 w, Day, Docket No. 12838, File No.BP-11924; Newport Broadcasting Com-pany, West Memphis, Arkansas, requests730 kc, 250 w, Day, Docket No. 12839, FileNo. BP-12113: Crittenden County Broad-casting Company, West Memphis, Arkan-sas, requests 730 kc, 250 w, Day, DocketNo. 12840, File No. BP-12405; GarrettBroadcasting Corporation, West Mem-phis, Arkansas, requests 730 kc, 5 kw,DA-D, Docket No. 13057, File No. BP-12987; for construction permits.

At a session of the Federal Communi-cations Commission held at its offices inWashington, D.C., on the 20th day ofAugust 1959;

The Commission having under consid-eration the above-captioned and de-scribed applications;

It appearing that by Order (FCC 59-822) adopted on July 29, 1959, the Com-mission consolidated the instant appli-Ications for hearing but that Issue 7 insaid Order should have provided for aconsideration of the proposed operationof the Garrett Broadcasting Corporation,in addition to the other proposals hereinfor West Memphis, Arkansas, under thestandard comparative issue; and thatsaid Order should be amended to read asfollows:

O78


It appearing that by Order adoptedApril 15, 1959, and released on April20, 1959, the Commission designated forhearing in a consolidated proceeding, theabove-captioned applications of BirneyImes, Jr., Nathan Bolton and A. R.McCleary, d/b as Morehouse Broadcast-ing Company, NeV.port BroadcastingCompany and Crittenden County Broad-casting Company, that the application ofGarrett Broadcasting Corporation wastendered for filing on April 8, 1959 andis, therefore, entitled to be consolidatedin said hearing, pursuant to § 1.106 of theCommission rules; and

It further appearing that except asindicated by the issues specified below,Birney Imes, Jr., Nathan Bolton andA. R. McCleary, d/b as MorehouseBroadcasting Company, Newport Broad-casting Company, Crittenden CountyBroadcasting Company and GarrettBroadcasting Corporation are legally,technically, financially, and otherwisequalified to construct and operate their

'instant proposals; andIt further appearing that pursuant to

section 309(b) of the CommunicationsAct of 1934, as amended, the Commis-sion, in a letter dated June 16, 1959, andincorporated herein by reference,notified the instant applicants, and anyother known parties in interest, of thegrounds and reasons for the Commis-sion's inability to make a finding that agrant of any one of the applicationswould serve the public interest, con-venience, and necessity; and that a copyof the aforementioned letter is availablefor public inspection at the Commission'soffices; and

It further appearing that GarrettBroadcasting Corporation filed a timelyreply to the aforementioned letter,which reply has not, however, entirelyeliminated the grounds and reasons pre-cluding a grant without hearing of thesaid application; and in which the appli-cant stated that it would appear at ahearing on the instant application; and

It further appearing that after con-sideration of the foregoing and theapplicant's reply, the Commission is stillunable to make the statutory findingthat a grant of the application wouldserve the public interest, convenience,and necessity; and is of the opinion thatthe application must be designated forhearing on the issues specified below;

It is ordered, That, pursuant to sec-tion 309(b) of the Communications Actof 1934, as amended, the instant appli-cation of Garrett Broadcasting Corpora-tion, is consolidated for hearing in theproceeding in Docket Nos. 12837, 12838,12839 and 12840 at a time and place tobe specified in a subsequent order, uponthe following issues:

1. To determine the areas and popu-lations which would receive primaryservice from the proposed operations ofBirney Imes, Jr., Newport BroadcastingCompany, Crittenden County Broad-casting Company, and Garrett Broad-casting Corporation and the availabilityof other primary service to such areasand populations.

2. To determine the areas and popula-tions which may be expected to gain orlose primary service from the operation

FEDERAL REGISTER

of Station ETRY as proposed and theavailability of other primary service tosuch areas and-populations.

3. To determine the nature and extentof the interference, if any, that each ofthe operations proposed in the above-entitled applications would cause to andreceive from each other and all otherexisting standard broadcast stations, theareas and populations affected thereby,and the availability of other primaryservice to such areas and populations.

4. To determine whether the proposedoperations of Birney Imes, Jr., NewportBroadcasting Company and CrittendenCounty Broadcasting Company wouldcause objectionable interference to theexisting operation of Station KTRY,Bastrop, Louisiana, or any other exist-ing standard broadcast station, and, ifso, the nature and extent thereof, andthe availability of other primary serviceto such areas and populations.

5. To determine whether the proposedoperation of Station KTRY would causeobjectionable interference to StationWARB, Covington, Louisiana, or anyother existing standard broadcast sta-tions, and, if so, the nature and extentthereof, and the availability of otherprimary service to such areas and popu-lations.

6. To determine in the light of section307(b) of the Communications Act of1934, as amended, whether the proposedoperation of KTRY, Bastrop, Louisianaor one of the proposals for West Mem-phis, Arkansas would better provide afair, efficient and equitable distributionof radio service.

7. To determine, in the event that it isconcluded pursuant to the foregoingissue that one of the proposals for WestMemphis, Arkansas should be favored,which of the proposals of Birney Imes,Jr., Newport Broadcasting Company,Crittenden County Broadcasting Com-pany or Garrett Broadcasting Corpora-tion would best serve the public interest,convenience and necessity in the light ofthe evidence adduced under the issuesherein and the record made with respectto the significant differences between thefour as to:

a. The background and experience ofeach having a bearing on the applicant'sability to own and operate the proposedstandard broadcast station.

b. The proposal of each with respect tothe management and operation of theproposed station.

c. The programming services proposedin each of the said applications.

8. To determine which, if any, of theinstant applications should be granted.

It is further ordered, That the aboveissues shall supersede the issues in theCommission's order of April 15, 1959,designating for hearing the first fourabove-captioned applications. -

It is further ordered, That, to availitself of the opportunity to be heard,the Garrett Broadcasting Corporationherein, pursuant to § 1.140 of the Com-mission rules, in person or by attorney,shall, within 20 days of the mailing of-this Order, file with the Commission intriplicate, a written appearance statingan intention to appear on the date fixed

6879

for the hearing and present evidence onthe issues specified in the Order; and

It is further ordered, That if the pro-posal of Garrett Broadcasting Corpora-tion is favored, it will be held in hearingstatus without final action until ratifica-tion and entry into force of the U.S./Mexican Agreement, 1957 (Public Notice46545, June 18, 1957), and, in the eventthat the reasons for designating saidapplication for hearing are removedbefore the hearing proceeding is con-cluded, the application will be removedfrom hearing status and held withoutfurther action pending ratification andentry into force of the U.S./MexicanAgreement, 1957.

It is further ordered, That the Com-mission's above-mentioned Order (FCC59-822) of July 29, 1959, is amended asset forth above.

Released: August 21, 1959.

FEDERAL COMMUNICATIONS

COMMISSION,[SEAL] MARY JANE MORRIS,

Secretary.[F.R. Doc. 59-7045: Filed, Aug. 24, 1959;

8:50 axn.]

[Docket Nos. 13171, 13172; FCC 59-8711

HOWELL B. PHILLIPS AND WMCV, INC.

Order Designating Applications forConsolidated Hearing on StatedIssues

In re applications of Howell B. Phillips,Williamsburg, Kentucky, requests 1370kc, 1 kw, DA, Day, Docket No. 13172, FileNo. Bl-11832; WMCV, Inc., Tompkins-ville, Kentucky, requests 1370 kc, 1 kw,Day, Docket No. 13171, File No. BP-12825; for construction permits.

At a session of the Federal Communi-cations Commission held at its offices inWashington, D.C., on the 20th day ofAugust 1959;

The Commission having -under consid-eration the above captioned and de-scribed applications;

It appearing that except as indicatedby the issues specified below, WMCV,Inc., is legally, technically, financially,and otherwise qualified to construct andoperate its instant proposal; and

It further appearing that except as in-dicated by the issues specified below,Howell B. Phillips is legally, technically.and otherwise qualified to construct andoperate his instant proposal but that hemay not be financially qualified; and

It further appearing that pursuant tosection 309(b) of the CommunicationsAct of 1934, as amended, the Commis-sion, in a letter dated June 30, 1959, andincorporated herein by reference, notifiedthe instant applicants, and any otherknown parties in interest, of the groundsand reasons for the Commission's ina-bility to make a finding.that a grant ofeither of the applications would serve thepublic interest, convenience, and neces-sity; and that a copy of the aforemen-tioned letter is available for public in-spection at the Commission's offices; and

It further appearing that the instantapplicants filed timely replies to the

aforementioned letter, which replies havenot, however, entirely eliminated thegrounds and reasons precluding a grantof the said applications and requiringa hearing on the particular issues herein-after specified; and in which the appli-cants stated that they would appear at ahearing on the instant applications; and

It further appearing that after con-sideration of the foregoing and the appli-cants' replies, the Commission is stillunable to make the statutory finding thata grant of the applications would servethe public interest, convenience, andnecessity; and is of the opinion that theapplications must be designated for hear-ing in a consolidated proceeding on theissues specified below;

It is ordered, That, pursuant to section309(b) of the Communications Act of1934, as amended, the instant applica-tions are designated for hearing in aconsolidated proceeding, at a time andplace to be specified in a subsequentOrder, upon the following issues:

1. To determine the areas and popula-tions which would receive primary servicefrom each of the proposed operations andthe availability of other primary serviceto such areas and populat:ons.

2. To determine the nature and extentof the interference, if any, that each ofthe instant proposals would cause to andreceive from each other and all otherexisting standard broadcast stations, theareas and populations affected thereby,and the availability of other primaryservice to such areas and populations.

3.. To determine whether the interfer-ence received by either proposal from theother proposal herein and any existing"stations would affect more than ten per-cent of the population within the nor-mally protected primary service area ofeither of the instant proposals in contro-vention of § 3.28(c) (3) of the Commis-sion rules and, if so, whether circum-stances exist which would warrant awaiver of said section.

4. To determine whether Howell B.Phillips is financially qualified to con-struct and operate his proposed station.

5. To determine, in the light of section307(b) of the Communications Act of1934, as amended, which of the instantproposals would better provide a fair,efficient and equitable distribution ofradio service.

6. To determine, in the light of theevidence adduced pursuant to the fore-going issues which, if either, of the in-stant applications should be granted.

It is further ordered, That, to availthemselves pf the opportunity to beheard, the applicants herein, pursuant to§ 1.140 of the Commission rules, in personor by attorney, shall, within 20 days ofthe mailing of this order, file with theCommission, in triplicate, a written ap-pearance stating an intention to appearon the date fixed for the hearing andpresent evidence on the issues specifiedin this order.

It is further ordered, That, the issuesin the above-captioned proceeding maybe enlarged by the Examiner, on his ownmotion or on petition properly filed by aparty to the proceeding, and upon suffi-cient allegations of fact in supportthereof, by the addition of the following

NOTICES

issue: To determine whether the fundsavailable to the applicant will give rea-sonable assurance that the proposals set-forth in the application vill be effec-tuated.


FEDERAL COMMYUNICATIONSCOMMISSION,

[SEAL] MARY JANE MORRIS;Secretary.


[Docket No. i3154]

HARMS AID ROGOWAY RADIO ANDTV

Order to Show Cause

In the matter of Wesley Harms andDonald Rogoway, db/as Harms andRogoway Radio and TV, Third andAdams, Gorvallis, Oregon, Docket No.13154; order to show cause why thereshould not be revoked the license forLow Power Industrial Radio StationKD-3211.

.There being under consideration thematter of ,certain alleged violations ofthe Commission's rules in connectionwith the operation of the above-captioned station;

It appearing that pursuant to § 1.61 ofthe Commission's rules, written notice ofviolation of the Commission's rules wasserved upon the above-named- licenseeas follows:

Official Notice of Violation datedMarch 11, 1959, calling attention toviolations (observed March 10, 1959) ofthe following Commission rules:

Section 11.109(b)-: Equipment In use didnot meet the terms of the station licenseand Commission standards as set forth in"List of Equipment Acceptable for Licens-ing."

Section 11.106(c): Power input to finalRF stages -exceeded that authorized by sta-tion license.

ectiqn 11.105(c) (2) and 11.104(b) (2): Norecord that frequency deviation ,had beenreduced to meet Commission requirements.

It further appearing that the above-named licensee received said Officialnotice but did not make satisfactoryreply thereto, whereupon the Commis-sion, by letter dated June 10, 1959, andsent by Certified Mail-Return ReceiptRequested (No. 97297), brought thismatter to the attention of the licenseeand requested that such licensee respondto the Commission's letter within fifteendays from the date of its receipt statingthe measures which had been taken, orwere being taken, in order to bring theoperation of the radio station into com-pliance with the Commission's rules, andwarning the licensee that his failure torespond to such letter might result in theinstitution of proceedings for the revoca-tion of the radio station license; and

It further appearing that receipt ofthe Commission's letter was acknowl-edged by the signature of the licensee'sagent, Doris Rogoway on June 15, 1959,to a Post Office Department returnreceipt; and

It further appearing that althoughmore than fifteen days have elapsed sincethe licensee's receipt of the Commission'sletter, no response was made thereto;and

It further appearing that in view ofthe foregoing, the licensee has willfullyviolated § 1.61 of the Commission's rules;

It is ordered, This 18th day of August,1959, pursuant to section 312(a) (4) and(c) of the Communications Act of 1934,as amended, and section 0.291(b) (8) ofthe Commission's Statement of Delega-tions of Authority, that the said licenseeshow cause why the license for theabove-captioned Radio Station shouldnot be revoked and appear and giveevidence in respect thereto at a hearing Ito be held at a time and place to bespecified by subsequent order; and

It is further ordered, That the Secre-tary send a copy of this Order by Cer-tified Mail-Return Receipt Requested tothe said licensee.

Released: August 19, 1959.FEDERAL COMHIUNICATIONS

COaMISSION, .[SEAL] MARY JANE MORRIS,

Secretary.[F.R. Doc. 59-7048; Filed, Aug. 24, 1959;

8:50 a.m.]

[Docket Nos. 13089-'13147; FCC 591I-10591TIFFIN BROADCASTING CO. ET AL.

Order Scheduling PrehearingConference

In re applications of William E. Bens,Jr., & Barbara Benns d/b as Tiffin Broad-casting Company, Tiffin, Ohio, et al.,Docket No. 13089, File No. BP-11392;Docket Nos. 13090, 13091, 13092 13093,

'Section 1.62 of the Commission's rulesprovides that a licensee, in order to availhimself of the opportunity to be hear'd, shall,in person or by his attorney, file with theCommission, within thirty days of the receiptof the order to show cause, a written state-ment stating that. he will appear at the hear..Ing and present evidence on the matter spec-ified in the order. In the event it wouldnot be possible for respondent to appear forhearing in the proceeding if scheduled to beheld in Washington, D.C., he should advisethe Commission of the reasons for such in-ability within five days of the receipt of thisOrder. If the licensee fails to file an appear-ance within the time specified, the right toa hearing shall be deemed to have beenwaived. Where a hearing is waived, a writtenstatement in mitigation or justilcation maybe submitted within thirty days of the receiptof the order to show cause. If such state-ment contains,- with particularity, factualallegations denying or justifying the factsupon which the show cause order is based,the Hearing Examiner may call upon thesubmitting party to furnish additional in-formation, and shall request all opposingparties to file an answer to the written state-ment and/or additional information. Therecord will then be closed and an initial de-cision issued on the basis of such procedure.Where a hearing-is waived and no writtenstatement has been Bled-within the thirtydays of the receipt of the order to showcause, the allegations of fact contained Inthe order to show cause will be deemed ascorrect and the sanctions specified in theorder to show cause will be invoked.


13094, 13095, 13096, 13097, 13098, 13099,13100, 13101, 13102, 13103, 13104, 13105,13106, 13107, 13108, 13109, 13110, 13111,13112, 13113, 13114, 13115, 13116, 13117,13118, 13119, 13120, 13121, 13122, 13123,13124, 13125, 13126, 13127, 13128, 13129;13130, 13131, 13132, 13133, 13134, 13135,13136, 13137, 13138, 13139, 13140, 13141,13142, 13143, 13144, 13145, 13146, 13147;for construction permits.

It is ordered, This 17th day of August1959, that, pursuant to § 1.111"of theCommission's rules, a prehearing con-ference in the above-entitled matter willcommence at 10:00 a.m., October 5, 1959,in the Commission's offices at Washing-ton, D.C.


FEDERAL COMMUNICATIONS

COMMISSION,[SEAL] MARY JANE MORRIS,


8:50 a~m.]

[Docket No. 118661

ALLOCATIONS OF FREQUENCIES INBANDS ABOVE 890 MC.

Miscellaneous Amendments

The Commission's Report and Orderof July 29, 1959 (FCC 59-843, Mimeo No.76357), in the above-entitled matter, re-leased August 6, 1959, and published inthe FEDERAL REGISTER August 11, 1959,is corrected in the following particulars:

1. Change the column entitled "Num-ber of Stations" under the heading"Practical Antenna Size" in the table-inparagraph 57 to read as follows:

Number of Stations2327040

12028D

742

2. Correct the citation appearing infootnote 5 of Paragraph 87 to read:

346 U.S. 86, 91 (1953)

3. Add the following text under IssueNo. 18 immediately preceding Paragraph124:

"Should there be any restrictions onthe use of frequencies above 30,000 Me?"


FEDERAL COMMUNICATIONSCOMMISSION,

[SEAL] MARY JANE MORRIS,Secretary.

[F.R. Doe. 59-7049; Filed, Aug. 24, 1959;8:50 a.m.]

[Docket Nos. 12952, 12953; FCC 59M-1065]

WBUD, INC., AND CONCERTNETWORK, INC.

Order Scheduling PrehearingConference

In re applications of VBUD, Inc.,Trenton, New Jersey, Docket No. 12952,

No. 166-3

FEDERAL REGISTER

File No. BPH-2600; Concert Network,Inc., Trenton, New Jersey, Docket No.12953, File No. BPH-2619; for construc-tion permits for new FM broadcaststations.

It is ordered, This 18th day of August1959, that all parties, or their counsel,in the above-entitled proceeding aredirected to appear for a prehearing con-ference pursuant to the provisions of§ 1.111 of the Commission's rules at10:00 o'clock a.m., September 23, 1959,in the Commission's offices, Washington,D.C.





[DocketNo. 12309; FCC 59M-1068]

VIDEO INDEPENDENT THEATRES, INC.,(KVIT)

Order Reopening Record

In re application of Video Independ-ent Theatres, Inc. (KVIT), Santa Fe,New Mexico, Docket No. 12309, File No.BMPCT-4586; for modification of con-struction permit.

It is ordered, This 19th day of August1959, that:

1. The record is reopened to take evi-dence on Issue No. 8, added by the Com-mission's Memorandum Opinion andOrder released August 4, 1959; and

2. The outstanding order, releasedJune 30, 1959, regarding the filing of pro-posed findings of fact and conclusions,and any ruling directing or permittingthem to be faled, are canceled.





[Docket No. 12949; FCC 59M-1066]

SOUTH MINNEAPOLISBROADCASTERS

Order Setting Prehearing Conference

In re application of Charles Niles andMarie Niles, d/b as South MinneapolisBroadcasters, Bloomington, Minnesota,Docket No. 12949, File No. BP-11632; forconstruction permit for a new standardbroadcast station.

It is ordered, This 19th day of August1959, that all parties or their counsel, inthe above-entitled proceeding are di-rected to appear for a prehearing con-ference pursuant to the provisions of§ 1.111 of the Commission's rules, at theoffices of the Commission in Washington,D.C., at 10 o'clock a.m., September 18,1959, for the purpose of considering thefollowing:

6881

(1) The necessity or desirability ofsimplification, clarification, amplifica-tion, or limitation of the issues;

(2) The possibility of stipulating withrespect to facts;

(3) The procedure at the hearing:(4) The limitation of the number of

witnesses;(5) Such other matters as will be con-

ducive to an expeditious conduct of thehearing.





[Docket No. 12915; FCC 59AX-10671

BOOTH BROADCASTING CO. (WSGW)

Order Setting Prehearing Conference

In re application of Booth Broadcast-ing Company (WSGW), Saginaw, Mich-igan, Docket No. 12915, File No. BP-11873; for construction permit for stand-ard broadcast station.

It is ordered, This 19th day of August1959, that all parties, or their counsel.in the above-entitled proceeding aredirected to appear for a prehearing con-ference pursuant to the provisions of§ 1.111 of the Commission's rules, at theoffices of the Commission in Washington,D.C., at 10 o'clock a.m., September 8,1959.




[F.R. Doc. 59-7051; Filed, Aug. 24, 1959;8:51 aim.]

[Docket Nos. 12895,12896; FCC 59M-10691

BUCKLEY-JAEGER BROADCASTINGCORP. AND WHDH, INC.

Memorandum Opinion and OrderContinuing Hearing

In re applications of Buckley-JaegerBroadcasting Corporation, Providence,Rhode Island, Docket No. 12895, File No.BPHE-2552; WHDH, Inc., Boston, Massa-chusetts, Docket No. 12896, File No.BPH-2575; for construction permits forFM broadcast stations.

1. The applicants in this proceeding,Buckley-Jaeger Broadcasting Corpora-tion and WHDH, Inc., filed on August 18,1959, a "Motion for Continuance ofHearing" in this proceeding. At a pre-hearing conference held on July 15, 1959certain preliminary, procedural steps de-signed to cover the hearing now sched-uled for September 3, 1959 were estab-lished, to wit:

'(1) August 19, 1959-Informal ex-change of exhibits.

(2) August 28, 1959-Formal exchangeof exhibits which constitute the directcases of the applicants.

[NOTICES

(3) August 31, 1959-Notice by theparties of witnesses desired for hearing.

On the same date tae parties filed a,"Joint Petition to Reconsider Designa-tion of Applications for Hearing' and toi'orthwith Grant Same". It is pleadedthat, if the Commission acts favorablyupon this joint petition, a hearing on theiaztant applications wculd not be neces-sary and they further plead that thejoint petition is well-grounded andshould be granted in the public interest.Request is made in their motion for con-tinuance that the hearing and dates foraccomplishing the related proceduralsteps be continued until the Commissionhas acted upon their joint petition.

2. Counsel for the Broadcast Bureauhas consented to a continuance of thehearing herein and consents to a waiverof § 1.43 of the Commission's rules topermit immediate consideration of thematter.

3. Good cause exists why said "MotionFor Continuance of Hearing" should begranted.

Accordingly it is ordered, This 19th dayof August 1959, that the "Motion ForContinuance of Hearing" filed herein onbehalf of the applicants in this proceed-ing is granted and the hearing nowscheduled for September 3, 1959 and thedates for accomplishing the related pro-cedural steps be, and the same are here-by, continued without date.


FEDERAL COA InU ICATIONSCO=lISSIOIN,

[SEAL MiRY JA=- MORRIS,Secretary.

[P.R. Doe. 59-7054; Filed, Aug. 24, 1959;'8:51 a.m.]

FEDERAL POWER COVMSOWN[Docket No. G-14329 etc.]

COASTAL STATES GAS PRODUCINGCO. ET AL.

Notice of Applications and Date ofHearing

AUGUST 17, 1959.In the matters of Coastal States Gas

Producing Company, Operator, andSouthern Coast Corporation,1 DocketNos. G-14329 and G-14366; W. H. Appell,Operator, et al.,2 Docket No. G-14467;May Oil Company, Operator, et al.,3

Docket No. G-14468; J. D. Hedley, Oper-ator, et al.,4 Docket No. G-14469; Fitz-patrick Drilling Company, Operator, etal.,f Docket No. G-14470; Slade, Inc.,et al. (formerly Slade Oil and Gas, Inc.),GDocket No. G-14471; Arnold Well Serv-ice, Inc., Operator, et al.," Docket No.G-14478; W. B. Cleary, Inc., Operator,et al.," Docket No. G-14479; Lenore M.Bailey, et al.,9 Docket No. G-14480; KatzOil Company, Operator, et al.," DocketNo. G-14767; Tiger Minerals, Inc., Op-erator, et al.,' Docket No. G-14768; KatzOil Company, Operator, et al.,= DocketNo. G-14769; Jay Simmons, et al.,nDocket No. G-14770; Jay Simmons, etal.," Docket No. G-14771; Jay Simmons,

See footnotes at end of document.

et al.," Docket No. G-14772; Sheridan C.Lewis, Jr., Trustee," Docket No., G-14773; Tiger Minerals, Inc., Operator,et al.," Docket No. G-14774; Katz OilCompany, Operator, et al.,' Docket No.G-14775; Katz Oil Company, Operator,et al.,1 s Docket No. G-14776; Bridwell OilCompany, Docket No. G-14921; The At-lantic Refining Company, Docket No. G-14945; Texo Oil Corporation, Docket No.G-14983; !Tex-Star Oil and Gas Corpo-ration, Operator, et al.," Docket No. G-16825; Tex-Star Oil and Gas Corpora-tion, Operator, et al.,' Docket No.G-16826; Tex-Star Oil & Gas Corpora-tion, Operator, et al.," Docket No. G-16827; Tex-Star Oil & Gas Corporation,Operator,2 Docket No. G-16828; Tex-Star Oil & Gas Corporation, Operator,"Docket No. G-16829; Tex-Star Oil & GasCorporation, Operator, -" Docket No. G-16830; Tex-Star Oil & Gas Coriloration,Operator," Docket No. G-16831; Tex-Star Oil & Gas Corporation, Operator,"Docket No. G-16832; J. C. Barnes, DocketNo. G-16834; Coastal States. Gas Pro-ducing Company,2' Docket No. G-16838;B. L. Woolley, et al., 1 Docket No. G-

16910; Wynn D. Miller, et al.,' DocketNo. G-17120; Lawrence G. Shelly, Oper-ator, et al.," Docket No. G-17211; RalphRowden, Docket No. G-17233; Tex-StarOil & Gas Corporation, Operator," Dock-et No. G-17491; Tex-Star Oil & Gas Cor-poration, Operator, et al.," Docket No.G-17495.

Each of the above Applicants has filedan application for a certificate of publicconvenience and necessity, pursuant tosection 7 of the Natural Gas Act, author-izing each to render service as herein-after described, subject to the jurisdic-tion of the Commission, all as more fullyrepresented in the respective applica-tions, and any amendments thereto,which are on file with the Commissionand open to public inspection.

The respective Applicants produce andpropose to sell natural gas for transpor-tation in interstate commerce for resaleas indicated below:

Docket No., Field and Location, andPurchaser

G-14329; Sa xet and Baldwin Fields, NueceaCounty, Texas; East White Point Field, SanPatriclo County, Texas; and Beeville andPoesta Creek Fields, Bee County, Texas;Trunkline Gas Company.

G-14366; Moos Ranch Field, Webb County,Texas; Charamousca, Neely and Tiger Min-erals Fields, Duval County, Texas; Maguel-litos and Henry-West Adami Fields, Webb andLaSalle Counties, Texas; Texas fllinoisNatural Gas Pipeline Company.

G-14467; Poesta Creek Field, Bee County,Texas; Southern Coast Corporation.





G-14478; Beeville Field, Bee County, Texas;Southern Coast Corporation.


G-14480; Beeville Field, Bee County, Texas,Southern Coast Corporation.

G-14767; Tiger Field. Duval County, Texas;Southern Coast Corporation.

G-14768; Tiger Field, Duval County, Texas;Southern Coast Corporation.

G-14769; Harry Field, Webb County, Texas;Southern Coast Corporation.

G-14770; Harry Field, Webb and LaSalleCounties, Texas; Southern Coast Corporation.

G-14771; Harry Field, Webb County, Texas;Southern Coast Corporation.

G-14772; West Charamousca Field, DuvalCounty, Texas; Southern Coast Corporation.

G-14773; West Adami Field, Webb County,Texas; Southern Coast Corporation.



G-,4776; Tiger Field, Duval County, Texas;Southern Coast Corporation.


G-14945; Poesta Creek Field, Bee County,Texas;" Southern Coast Corporation.


G-16825; Appling Field, Calhoun County,Texas; Coastal States Gas ProducingCompany.I G-16826; Appling Field, Calhoun County,Texas; Coastal States Gas ProducingCompany.

G-16827; Appling Field, Jackson County,Texas; Coastal States Gas ProducingCompany.

G-16828; Appling Field, Jackson County,Texas; Coastal States Gas ProducingCompany.

G-16829; Appling Field, Calhoun County,Texas; Coastal States Gas ProducingCompany.





G-16838; Texana and Appling Fields, Cal-houn and Jackson Counties, Texas; UnitedGas Pipe Line Company.


G-17120; Papalote Field, Bee County,Texas; Coastal States Gas Producing Com-pany and Southern Coast Corporation.. G-17211; South Heard Field, Bee County,Texas; Coastal States Gas Producing Com-pany and Southern Coast Corporation.

G-17233; Neely Field, Duval County, Texas;Coastal States Gas Producing Company andSouthern Coast Corporation.

G-17491; Appling Field, Calhoun County,Texas; Coastal States Gas Produ6ing Com-pany.

G-17495; Texana Field, Calhoun County,Texas; Coastal States Gas Producing Com-pany.

These related matters should be heardon a consolidated record and disposed ofas promptly as possible under the appli-cable rules and regulations and to thatend:

Take further notice that, pursuant tothe authority contained in and subject tothe jurisdiction conferred upon the Fed-eral Power Commission by sections 7 and15 of the Natural Gas Act, and the Com-mission's rules of practice a4d procedure,a hearing will be held on September 30,1959 at 9:30 a.m., e.d.s.t., in a hearingroom of the Federal Power Commission,441 G Street NW., Washington, D.C., con-cerning the matters involved in and the

Tuesday, August 25, 1959 FEDERAL REGISTER

issues presented by such applications:Provided, however, That the Commissionmay, after a non-contested hearing, dis-pose of the proceedings pursuant to theprovisions of § 1.30(c) (1) or (2) of theCommission's rules of practice and pro-cedure. Under the procedure herein pro-vided for, unless otherwise advised, it willbe unnecessary for Applicants to appearor be represented at the hearing.

Protests or petitions to intervene maybe filed with the Federal Power Commis-sion, Washington 25, D.C., in accordancewith the rules of practice and procedure(18 CPR 1.8 or 1.10) on or before Sep-tember 11, 1959. Failure of any party toappear at and participate in the hearingshall be construed as waiver of and con-currence in omission herein of the inter-mediate decision procedure in caseswhere a request therefor is made.

MICHA2L J. FARRELL,Acting Secretary.

"Coastal States Gas Producing Company(Operator) and Southern Coast Corporation(nonoperator) in Docket No. G-14329 pro-poses to sell to Trunkline Gas Company nat-ural gas to be produced and purchased bythem from certain acreages pursuant to abasic gas sales contract dated January 20,1958 and amendatory agreements theretodated July 29, 1958 (dedicates additionalvolumes), September 4, September 23, No-vember 28, December 2 and December 9, 1958(dedicate additional acreages) and December29, 1958 (Letter of Intent to dedicate addi-tional acreages). Both Coastal and Southernare signatory seller parties to the basic con-tract, however, only Coastal, as seller, hassigned the aforesaid amendatory agreements.Applicants will produce a portion of the sub-ject gas; the remaining portion will be pur-chased by Applicants from sixteen producers.Amendments to application filed April 17,April 22, October 14, November 21, December3 and December 29, 1958 and February 19,1959 request inclusion of acreages or volumesinvolved in the above-mentioned amendatoryagreements; amendments to application filedJanuary 5 and January 8, 19E8request inclu-sion of acreage covered by prior filing.Coastal States Gas Producing Company (Op-erator) and Southern Coast Corporation(nonoperator) in Docket No. G-14366 pro-poses to sell to Texas Illinois Natural GasPipeline Company natural gas to be producedand purchased by them from certain acreagespursuant to a basic gas sales contract datedNovember 15, 1957 and amendatory agree-ments thereto dated March 31, 1958 (deletescertain acreage) and Saptember 23, 1958(adds additional acreage). Both Coastal andSouthern are signatory seller parties to thebasic contract and amendatory agreementdated-March 31, 1958, however, only Coastal,as seller, has signed the amendatory agree-ment dated September 23, 1958. Applicantswill produce a portion of the subject gas.Amendments to application filed April 17,1958 and January 7, 1959 request deletion andinclusion of certain acreages pursuant to theamendatory agreements dated March 31,1958 and September 23, 1958, respectively.Basic contract dated November 15, 1957 issubject to a prior contract dated March 19,1956, between Applicants and Tennessee GasTransmission Company.

2W. H. Appell, Operator, is filing for him-self and on behalf of the following nonoper-ators: Orrin W. Johnson and Lydia C.Johnson, Individually antl as Co-Executorsof thd Estate of Elmer G. Johnson, Deceased,H. E. Smith, Sam Countiss, J. D. Hedley,Malcolm G. Chase, Jr., Somerset Land andCattle Company, H. Carter Nicholas, J. M.Hancock and Marion W. Young. All are sig-

natory seller parties to the subject gas salescontract.

May Oil Company, a co-partnership con-sisting of Fred Bowman, Morris Liedeker andP. W. Alford, Operator, is filing for itself andon behalf of the following nonoperators:Fred E. Bowman, S. H. Howell, Gust Tses-melts, P. S. Joseph and Morris LIedeker. Allare signatory seller parties to the subjectgas sales contract.

4J. D. Hedley, Operator, Is filing for him-self and on behalf of the following nonoper-ators: 1. Carter Nicholas, Malcolm G. Chase,Jr., and Somerset Land and Cattle Company.All are signatory seller parties to the subjectgas sales contract.

'Fitzpatrick Drilling Company, Operator,is filing for itself and on behalf of the fol-lowing nonoperators: Henshaw Brothers, aco-partnership composed of Walter A. Hen-shaw and Paul A. Henshaw, Artnell Company,K. D. Harrison, Jake L. Hamon, Cleo Ray, etux., W. S. Fitzpatrick, M. E. Tonroy, S. B. Fil-bert, R. N. Spencer, E. W. Harding, D. R.Roberts, A. C. Allyn and Walter E. Kistner.All are signatory seller parties to the subjectgas sales contract.

"Slade, Inc. (formerly Slade Oil and Gas,Inc.), nonoperator, is filing for itself and onbehalf of the following nonoperators: E. W.Brown, Jr., Vivian Leatherberry Smith, Trus-tee, B. L. Morris, L. Slade Brown, John S.Brown and Charles Brown. All are signatoryseller parties to the subject gas sales con-tract. Universal Petroleum Corporation,Operator, owns no working interest in sub-ject acreage. Amendment filed states thaton February 27, 1959, Slade Oil and Gas, Inc.,changed its name to Slade, Inc., and requeststhat the new name of Slade, Inc., be substi-tuted for Slade Oil and Gas, Inc., in thesubject application.

'Arnold Well Service, Inc., Operator, isfiling for itself and on behalf of the follow-ing nonoperators: Forrest W. Runnels, Len-tex Oil Corporation, Mrs. Louise Countiss,Trustee, Sam Countiss, H. D. Countiss, C. W.Clift, Jr., F. H. Coons, Orrin W. Johnson,J. Shannon Jackson, Thomas D. Schall, Alex-ander F. Sceresse and Joseph B. Zucht. Allare signatory seller parties to the subjectgas sales contract.

1W. B. Cleary, Inc., Operator, is filing forItself and on behalf of the following non-operators: James H. Helland, Arthur G. Alt-schul, Mrs. Lora C. Tway, Jack Tway, LouisStarr, United Northern Corporation and M.Troy Jones. All are signatory seller partiesto the subject gas sales contract.

'Lenore M. Bailey, nonoperator, is filingfor herself and on behalf of the followingnonoperators: J. W. Bailey, George B. Barnes,Charles S. Clark, Dan H. Clark, Mrs. GladysF. DeShong, George Gaines, Dean Gano, L. M.Garrett, Joe Hall, Maurice Roberson, T. P.Heard, I. B. Langford, H. T. Morton, H. J.Leciman, Charles H. Poulton, Nat Selinger,Trustee, C. B. Slabaugh, A. C. Skinner, A. N.Striegler, Clarence Tillman, B. G. Swearingen,Ted M. Anderson, E. C. Laquey and OrientalLaundry, Inc. All are listed as seller partiesto the subject gas sales contract and, withthe exception of Maurice Roberson, all havesigned said contract. Amendment filed re-quests substitution of Lenore M. Bailey, etal., as Applicants, replacing Coastal StatesGas Producing Company, Operator, whichcompany acts jointly with Southern CoastCorporation, Purchaser.

"0Katz Oil Company, Operator, is filing foritself and on behalf of the following non-operators: George H. Coates, John E. Long,Nat Goldsmith, Irving I. Mayer, Joe H. Strausand Mrs. D. J. Straus. All are signatory sellerparties to-the 'subject gas sales contract.

n Tiger Minerals, Inc., Operator, is filingfor itself and on behalf of the following non-operators: Warren B. Pinney, Jr., FrederickL. Anderson, Elizabeth T. Anderson, CarlHolmes, Jay Holmes, Nancy Holmes, Mason

Letteau, E. J. Pearl, Iidor Sack, WaterfordOil Company and Laurence Callahan. All aresignatory seller parties to the subject gassales contract.

2Katz Oil Company, Operator, is filingfor itself and on behalf of Ralph Rowden,nonoperator. Both are signatory seller par-ties to the subject gas sales contract.

"Jay Simmons, nonoperator, is filing forhimself and on behalf of Vivian C. Murray,nonoperator. Jay Simmons Is a signatoryseller party to a basic gas sales contractdated March 21, 1956. The interest of VivianC. Murray was acquired through assignmentfrom Harry E. Murray by instrument datedFebruary 1, 1957. Amendment filed is re-quest to substitute Jay Simmons, et aL. asApplicants replacing Southern Coast Cor-poration, Operator, et al., which corporationis also the purchaser.

14Jay Simmons, nonoperator, is filing forhimself and on behalf of the nonoperator,Ralph Rowden. Jay Simmons acquired hisinterests and became a signatory seller partyto the subject basic gas sales contract datedMarch 8, 1956 through two instruments ofassignment dated September 21, 1956 andNovember 19, 1956 from J. W. Gorman, et al.,and W. A. Richardson Oil Co., et al. re-spectively. Production is limited to depthsdown to 2,400 feet.

"Sheridan C. Lewis, Jr., Trustee, proposesto sell production from the Mabel AdamlLease under a gas sales contract dated Feb-ruary 2, 1956, between Ralph Rowden, et al,sellers, and Southern Coast Corporation,buyer. Applicant acquired subject acreagethrough an assignment dated March 22, 1957from Ralph Rowden, et al.

"GTiger Minerals, Inc., Operator, is filingfor itself and on behalf of the following non-operators: Warren B. Pinney, Jr., FrederickL. Anderson, Elizabeth T. Anderson, CarlHolmes, Jay Holmes, Nancy Holmes, MasonLetteau, E. G. Lindberg, Bacon L. and Kath-erine P. Cliffton, John Wayne and Phyllis P.Jeffry. All are signatory seller parties (Phyl-lis P. Jeffry through an assignment datedMay 9, 1956 from Warren B. Pinney, Sr.) tothe gas sales contract dated June 1, 1957.

7 Katz Oil Company, Operator, is filing foritself and on behalf of the following nonop-erators: John E. and Archie G. Long, NatGoldsmith, Irving I. Mayer, Joe R. Straus andMrs. D. J. Straus. All are signatory sellerparties to the subject gas sales contract.

"Katz Oil Company, Operator, is filing foritself and on behalf of the following nonop-erators: John E. and Archie G. Long, NatGoldsmith, Irving S. Mayer, Joe R. Straus andMrs. D. J. Straus. All are signatory sellerparties to the subject gas sales contract.

u Tex-Star Oil & Gas Corporation, Opera-tor, is filing for itself and on behalf of thefollowing nonoperators: James L. Free, HughJ. Fitzgerald, Arthur Hanisch, Howard E.Huntington, A. H. Meadows, John B. Morseand W. L. Kistler, I who are signatory sellerparties to the basic gas sales contract datedDecember 1, 1956. Tex-Star acquired its in-terest through assignment from Arnold H.Bruner & Co., by instrument dated June 15,1957. In addition, Tex-Star is filing on be-half of the following nonsignatory nonop-erators: Richard Calhoun, Burr Dalton, JackHoward, Dr. John Tediord, Joseph P. Tuohy,John Philip Kistler, Mrs. Mollie Barnhartand Mrs. Sadie Parker.

"Tex-Star Oil & Gas Corporation, Opera-tor, is filing for itself and on behalf of thenonoperator, Hugh J. Fitzgerald, for theircombined 25 percent working interest in cer-tain acreage. Both are signatory seller par-ties to the subject gas sales contract.

lTex-Star Oil & Gas Corporation, Opera-tor, is filing for itself and on behalf of thenonoperator, Hugh J. Fitzgerald. Both aresignatory seller parties to the subject gassales contract.

Tex-Star Oil & Gas Corporation, Opera-tor, is filing for itself and on behalf of the

6883

NOTICES

following nonoperators: Cherosage ProducingCompany, Hugh Fitzgerald, Katherine Fred-erick, C. A. Mansheim, Robert Owen, G. H.Swantner,. Sr., Sam Susser, G. FrederickTravis, J. F. Whitehurst, L. L. Woodman, L. L.Woodman, Sr., Trustee, The Wyatt Companyand Jack C. Helms. Tex-Star is the only sig-natory seller party to the subject gas salescontract.

=Tex-Star Oil & Gas Corporation, Opera-tor, is filing for itself and on behalf of thefollowing nonoperators: Felix Atwood, Chero-sage Producing Company, Frank Evans, EarlC. Gish, J. Morgan Greene, W. J. Hedrick,Elmer M. Hanson, Frank D. Hintze, John D.Howard, Raymond A. Johnson, A. Robert Lee,Jack H. Lynn, C. A. Manshelm, Wendell A.Morgan, Monroe Nowotny, Don Paul Nebeker,W. J. Piowaty, Trevor Rees-Jones, Murray &Edith Shell, Julius F. Sue, Dr. Joseph H.Thayer, Charles W. Wetegrove, WinnipegOil & Gas Company, L. L. Woodman, Jack C.Helms, Thomas R. Hartnett, III, Burt Klelnerand Adolph Green. Tex-Star is the onlysignatory seller party to the subject gas salescontract.

2 1Tex-Star Oil & Gas Corporation, Opera-tor, is filing on behalf of the following non-operators: Felix Atwood, Richard Calhoun,Earl C. Gish, J. Morgan Greene, Elmer Han-son, Frank Hintze, John Howard, RaymondJohnson, Jack Lynn, Dr. Wendell Morgan, Dr.Paul Nebeker, National Oil Associates, TrevorRees-Jones, Murray & Edith Shell, Dr. JuliusP. Sue, Dr. Joseph H. Thayer, Marsha Kress,Trust, and Robert Kreiss, Trust. Tex-Staris the only signatory seller party to the sub-ject gas sales contract, however, Tex-Star isnot listed as owner of any working interest.

-'Tex-Star Oil & Gas Corporation, Opera-tor, is filing for itself and on behalf of thefollowing nonoperators: Cherosage ProducingCompany, Frank Evans, W. J. Hedrick, Jr.,John L. Jordan, C. A. Mansheim, Mojo Com-pany, Piowaty Enterprises, G. 1. Swantner,Sr., Sam Susser, T. A. & Doris Trachta,Charles Wetegrove, S. B. Warren, L. L. Wood-man, Dr. and Mrs. Mon Q. Kwong, H. H.Howard and Beatrice Howard, John D. How-ard, Murray and Edith Shell and RichardCalhoun. Tex-Star is the only signatoryseller party to the gas sales contract datedFebruary 1, 1958.

2 'Tex-Star Oil & Gas Corporation, Opera-tor, is filing on behalf of the following non-operators: Richard A. Calhoun, H. H. Hovard,et ux., John D. Howard, Burt Klener, Agent,Dr. & Mrs. Mon Q. Kwong and Dr. WendellA. Morgan. Tex-Star Is the only signatoryseller party to the subject gas sales contract,however, Tex-Star is not listed as an ownerof any working interest.

7 Coastal States Gas Producing Companyproposes to sell to United Gas Pipe LineCompany natural gas produced and pur-chased by it from certain acreage pursuantto a basic gas sales contract dated August1, 1958 and amendatory agreement addingadditional acreage thereto dated December18, 1958, to which basic contract and amend-atory agreement Coastal is the only signatoryseller party. Applicant will produce a por-tion of the subject gas; the remaining por-tion will be purchased. Amendments tosubject application filed January 9, 1959 ;indJanuary 29, 1959 request inclusion of sixadditional purchase agreements and deletionof four of said purchase agreements,respectively.

B. L. Woolly, nonoperator, is filing forhimself and on behalf of the following non-operators: Bamoil, Inc., J. Paul Jackson andJohn L, Lancaster, Jr. All are signatoryseller parties to the subject gas salescontract.

nlWynn D. Miller is filing for himself andon behelf of the following co-owners: FrankWilson, Jr., Philip Fowler, Tiger Oil Corpora-tion, Louis J. Kocurek and Milton V. Spenceo.

All are signatory seller parties to the subjectgas sales contract.

0 Lawrence G. Shelly, Operator, Is filingfor himself and on behalf of the followingnonoperators: J. E. Hillier and Frank A. Mor-rison. All are signatory seller parties to thesubject gas sales contract dated September1, 1958.

nTex-Star Oil & Gas Corporation, Opera-tor, is filing on behalf of nonoperator, BurtKleiner, Agent. Tex-Star is the only signa-tory seller party to the subject gas sales con-tract, however, Tex-Star is not listedcas an.owner of any working interest.

=Tex-Star Oil & Gas Corporation, Opera-tor, is filing for itself and on behalf of thefollowing nonoperators: MoJo Company, T. A.Trachta, Doris Trachta, W. J. Hedrick, Jr.,H. W. Marschall, Jr., Frank G. Evans, A. B.Patterson, L. L. Logue, Raymond W. Bartgisand Winnipeg Oil & Gas Company. All aresignatory seller parties to the subject gassales contract.


[Docket No. G-18942]

UNITED GAS PIPE LINE CO.

Notice of Appli'cation and Date ofHearing

AuGUST 17, 1959.Take notice that on July 8, 1959,

United Gas Pipe Line Company (Appli-cant) filed in Docket No. G-18942 an ap-plication pursuant to section 7(c) of theNatural Gas Act for a certificate of publicconvenience and necessity authorizingthe construction and operation duringthe calendar year 1960 of minor, routinefacilities for making not more than 25direct industrial sales of natural gas ona temporary basis to road building con-tractors along Applicant's pipeline sys-tem traversing the states of Alabama,Florida, Louisiana, Mississippi and Texas,all as more fully set forth in the appli-cation which is on file with the CommiS-sion and open to public inspection.

This "budget type" application con-templates an average cost of approxi-mately $500 for each road constructionproject with an average natural gas re-quirement of approximately 16,000 Mofper project customer.

The subject proposal is intended tosave time for Applicant and customers bymaking unnecessary the preparation andfiling of individual applications and the

.processing and hearing of same by theCommission.

This matter is one that should be dis-posed of as promptly as possible underthe applicable rules and regulations andto that end:

Take further notice that, pursuant tothe authority contaifIed in and subjeciftothe jurisdiction conferred upon the Fed-eral Power Commission by sections 7 and15 of the Natural Gas Act, and the Com-mission's rules of practice and procedure,a hearing will be held on September 29,1959, at 9:30 a.m., e.d.s.t., in a HearingRoom of the Federal Power Commission,441 G Street NW., Washington, D.C.,concerning the matters involved in andthe issues presented by such application:Provided, however, That the Commissionmay, after a non-contested hearing, dis-

pose of the proceedings pursuant to theprovisions of § 1.30(c) (1) or (2) of theCommission's rules of practice and pro-cedure. Under the procedure herein pro-vided for, unless otherwise advised, itwill be unnecessary for Applicant to ap-pbar or be represented at the hearing.

Protests or petitions to intervene maybe filed with the Federal Power Commis-sion, Washington 25, D.C., in accordancewith the rules of practice and procedure(18 CFR 1.8 or 1.10) on or before Septem-ber 15, 1959.- Failure of any party to ap-pear at and participate in the hearingshall be construed as waiver of and con-currence in omission herein of the in-termediate decision procedure in caseswhere a request therefor is made.

MICHAEL J. FARRELL,Acting ,Secretary.


SECUMITMES AND ECHANGE

[File No. 1-17101

CLEVELAND, CINCINNATI, CHICAGO& ST. LOUIS RAILWAY CO.

Notice of Application To Strike FromListing and Registration, and ofOpportunity for Hearing

AuGUs T 18, 1959.In the matter of Cleveland, Cincin-

nati, Chicago & St. Louis Railway Com-pany, Common Stock, 5 Percent Non-Cumulative Preferred Stock, File No.1-1710.

The New York Stock Exchange hasmade application, pursuant to section12(d) of the Securities Exchange Act of1934 and Rule 12d2-1(b) promulgatedthereunder, *to strike the specified se-curity from listing and registrationthereon.

Thb reasons alleged in the applicationfor striking this security from listing andregistration include the following:

On July 15, 1959, the New York Cen-tral Railroad Company held all but12,265 preferred and 3,881 commonshares. Holders were reported at 410for the preferred and 163 for thecommon.

Upon receipt of a request, on or beforeSeptember 2, 1959, from any interestedperson for a hearing in regard to termsto be imposed upon the delisting of thissecurity, the Commission will determinewhether to set the matter down for hear-ing. Such request should state brieflythe nature of the interest of the personrequesting the hearing and the positionhe proposes to take at the hearing withrespect to imposition of terms. In addi-tion, any interested person may submithis views or any additional facts bearingon this application by means of a letteraddressed to the Secretary of the Securi-ties and Exchange Commission, Wash-ington 25, D.C. If no one requests ahearing on this matter, this applicationwill be determined by order. of the Com-mission on the basis of the facts statedin the application and other information


contained in the official file of the Com-mission pertaining to the matter.

By the Commission.

[SEAL) ORVAL L. DuBois,Secretary.


[File No. 7-20151

GLEN ALDEN CORP.Notice of Application for Unlisted

Trading Privileges, and of Op-portunity for Hearing

AUGUST 13, 1959.In the matter of application by the

Philadelphia-Baltimore Stock Exchangefor unlisted trading privileges in GlenAlden Corporation, Common Stock, FileNo. 7-2015.

The above named stock exchange, pur-suant to section 12(f) (2) of the Securi-ties Exchange Act of 1934 and Rule12f-1 promulgated thereunder, kas madeapplication for unlisted trading privi-leges in the specified security, which islisted and registered on the New YorkStock Exchange.

Upon receipt of a request, on or beforeSeptember 2, 1959, from any interestedperson, the Commission will determinewhether to set the matter down for hear-ing. Such request should state brieflythe nature of the interest of the personmaking the request and the position heproposes to take at the hearing. In addi-tion, any interested person may submithis views or any additional facts bear-ing on this application by means of aletter addressed to the Secretary of theSecurities and Exchange Commission,Washington-25, D.C If no one requestsa hearing on this matter, this applicationwill be determined by order of the Com-mission on the basis of the facts statedin the application and other informationcontained in the official fle of the Com-mission pertaining to the matter.

By the Commission.[SEAL] ORVAL L. DuBois,

Secretary.[F.R. Doe. 59-7019; Filed, Aug. 24, 1959;

8:46 a.m.]

[File No. 24G-16081

HERA EXPLORATION CO.Order Temporarily Suspending Ex-

emption, Statement of ReasonsTherefor, and Notice of Opportunityfor Hearing

AUGUST 19, 1959.1. Hera Exploration Company (issuer),

a Washington corporation, 115 SeventhAvenue, Renton, Washington, filed withthe Commission on April 29, 1958, a noti-fication on Form 1-A and an offering cir-cular, and filed amendments thereto,relating to an offering of 620,000 sharesof its $.10 Par value common stock, at$.15 per share, for an aggregate amountof $93,000, for the purpose of obtaining

FEDERAL REGISTER

an exemption from the registration re-quirements of the Securities Act of 1933,as amended, pursuant to the provisionsof section 3(b) thereof and RegulationA promulgated thereunder.

II. The Commission has reasonablecause to believe that:

A. An exemption under Regulation Ais unavailable by reason of Rule 261(a) (5), in that proceedings have beeninitiated for the purpose of enjoiningClinton Mining & Milling Co., an affiliateof the issuer, from engaging in conductor practices in connection with the saleof securities.

B. An exemption under Regulation Ais unavailable by reason of Rule 261(a) (6) in that proceedings have beeninitiated for the purpose of enjoiningWilliam H. Pillatos, an officer, director,promoter, and principal security holderof the issuer, from engaging in conductor practices in connection with the saleof securities.

C. The terms and conditions of Regu-lation A have not been complied with, inthat:

1. An offering circular was not used inconnection with the offering of the is-suer's securities to the public, as requiredby Rule 256(a) (1) :

2. Letters, pamphlets, and other salesmaterials were used in connection withthe offering although such communica-tions were not filed with the appropriateregional office, as required by Rule 258;

3. The notification on Form 1-A failsto disclose the names and addresses ofall the issure's affiliates, as required byItem 2(b) ;

4. The notification on Form 1-A failsto set forth fully the information re-quired by Items 5 and 9 as to the issuer'saffiliates;

5. The notification on Form 1-A failsto state all jurisdictions in which the is-suer proposed and proposes to offer itssecurities.

D. The offering circular contains un-true statements of material facts andomits to state material facts necessaryin order to make the statements made, inthe light of the circumstances underwhich they are made, not misleading,particularly with respect to:

1. The failure to disclose the issuer'srelationship with Clinton Mining & Mil-ling Co., an affiliate;

2. The failure to disclose all materialtransactions between the issuer and its'affiliate Clinton Mining & Milling Co.;

3. The failure to disclose all materialtransactions of directors, officers, andcontrolling persons with the issuer andits affiliate Clinton Mining & Milling Co.;

4. The failure to disclose adequatelythe results of work on the issuer'sproperties;

5. The quotation on page 8 "* * *Itis estimated that 50,000 tons of ore re-serves containing about 2 percent cop-per is available. * * -" in view of thefact that the issuer stated no body ofcommercial ore is known to exist on theproperty.

E. The offering was made and wouldbe made in violation of section 17 of theSecurities Act of 1933, as amended,

III. It is ordered, Pursuant to Rule261 (a) of the general rules and regula-

6885

tions under the Securities Act of 1933, asamended, that the exemption under Reg-ulation A be, and it is hereby, tempo-rarily suspended.

Notice is hereby given that any per-son having any interest in the mattermay file with the Secretary of the Com-mission a written request for hearingwithin thirty days after the entry of thisorder; that within twenty days after re-ceipt of such request the Commission willor at any time upon its own motion may,set the matter down for hearing at aplace to be designated by the Commis-sion, for the purpose of determiningwhether this order of suspension shouldbe vacated or made permanent, withoutprejudice, however, to the considerationand presentation of additional mattersat the hearing; that if no hearing is re-quested and none is ordered by the Com-mission, this order shall become per-manent on the thirtieth day after itsentry and shall remain in effect unlessor until it is modified or vacated by theCommission; and that notice of the timeand place for any hearing will promptlybe given by the Commission.

By the Commission.

[SEAL] ORVAL L. DuBoIs,Secretary.

[FR. Doc. 59-7020; Filed, Aug. 24, 1959;9:46 a.m.]

[File No. 1-2645]

F. L. JACOBS CO.Order Summarily Suspending Trading

AUGUST 19, 1959.I. The common stock, $1.00 par value,

of F. L. Jacobs Co. is registered on theNew York Stock Exchange and admittedto unlisted trading privileges on theDetroit Stock Exchange, national secu-rities exchanges, and

II. The Commission on February 11,1959 issued its order and notice of hear-ing under section 19(a) (2) of the Secu-rities Exchange Act of 1934 to determineat a hearing beginning March 16, 1959whether it is necessary or appropriatefor the protection of investors to suspendfor a period not exceeding twelvemonths, or to withdraw, the registrationof the capital stock of F. L. Jacobs Co. onthe New York Stock Exchange andDetroit Stock Exchange for failure tocomply with section 13 of the Act andthe rules and regulations thereunder.

On August 7, 1959 the Commissionissued its order summarily suspendingtrading of said securities on the ex-changes pursuant to section 19(a) (4) ofthe Act for the reasons set forth in saidorder to prevent fraudulent, deceptiveor manipulative acts or practices for aperiod of ten days ending August 19,1959.

III. The Commission being of theopinion that the public interest requiresthe summary suspension of trading insuch security on the New York StockExchange and Detroit Stock Exchangeand that such action is necessary andappropriate for the protection of inves-tors; and

NOTICES "

The Commission being of the furtheropinion that such suspension is neces-sary in order to prevent fraudulent, de-captive or manipulative acts or practices,trading in the stock of F. L. Jacobs Co.w'ill be ufilawful under section 15(c) (2)of the Securities Exchange Act of 1934and the Commission's Rule 240.15c2-2(17 CFR 240.15c2-2) thereunder for anybroker or dealer to make use of the mailsor of any means or instrumentality ofinterstate comr erce to effect any trans-action in, or to induce or attempt toinduce the purchase or sale of such secu-rity, otherwise than on a national secu-rities exchange.

It is ordered, Pursuant to section 19(a) (4) of the Securities Exchange Actof 1934 that trading in said security onthe New York Stock Exchange and De-troit Stock Exchange be summarily sus-pended in order to prevent fraudulent,deceptive or manipulative acts or prac-tices, this order to be effective for aperiod of ten (10) days, August 20, 1959to August 29, 1959, inclusive.

By the Commission.

[scAL] ORvAL L. DuBois,Secretary.

[lFR. Doc. 59-7021; Filed, Aug. 24, 1959;8:46 a.m.]

[File No. 1-1671]

PITTSBURGH, FT. WAYNE & CHICAGORAILWAY CO.

Notice of Application to Strike FromListing and Registration, and ofOpportunity for Hearing

AUGUST 18, 1959.In the matter of Pittsburgh, Ft. Wayne

& Chicago Railway Company, CommonStock, File No. 1-1671.

The New York Stock Exchange hasmade application, pursuant to section12(d) of the Securities Exchange Actof 1934 and-Rule 12d2-1 (b) promulgatedthereunder, to strike the specified secu-rity from listing and registration thereon.

The reasons alleged in the applicationfor striking this security from listingand registration include the following:

On June 30, 1959, the PennsylvaniaRailroad Company held all but 5,746shares and holders of record numberedonly 155.

Upon receipt of a request, on or beforeSeptember 2, 1959, from any interestedperson for a hearing in regard to termsto be imposed upon the delisting of thissecurity, the Commission will determinewhether to set the matter down for hear-ing. Such request should state brieflythe nature of the interest of the personrequesting the hearing and the positionhe proposes to take at the hearing withrespect to imposition of terms. In ad-dition, any interested person may sub-mit his views or any additional factsbearing on this application by means ofa letter addressed to the Secretary of theSecurities and Exchange Commission,Washington 25, D.C. If no one requestsa hearing on this matter, this applica-tion will be determined by order of theCommission on the basis of the facts

stated in the application and other in-formation contained in the official fileof the Commission pertaining to thematter.

By the Commission.

[SEAL] ORVAL L. DuBois,Secretary.


INTERSTATE COJME CE

[Notice No. 175]

MOTOR CARRIER TRANSFERPROCEEDINGS

AUGUST 20, 1959.Synopses of orders entered pursuant

to section 212(b) of the Interstate Com-merce Act, and rules and regulations pre-scribed thereunder (49 CER Part 179),appear below:

As provided in the Commission's spe-cial rules of practice any interested per-son may file a petition seeking recon-

-sideration of the following numberedproceedings within 20 days from the dateof publication of this notice. Pursuantto section 17(8) of the Interstate \Com-merce Act, the filing of such a petitionwill postpone the effective date of theorder in that proceeding pending its dis-position. The matters relied upon bypetitioners must be specified in theirpetitions with particularity.

No. MC-FO 62358. By order of August19, 1959, the Transfer Board approvedthe transfer to Clarence R. Smith andMdaxine Rae Smith, a partnership, do-ing business as Griffith Transfer & Stor-age Co., 2113 W. Main St., Alhambra,Calif., of Certificate No. MC 8347, issuedJuly 16, 1953, to Orloff B. Griffith, doingbusiness as Griffith Transfer and Stor-age Company, 2113 W. Main St., Alham-bra, Calif., authorizing the transporta-tion of: Household goods between LosAngeles, Calif., on the one hand, and, onthe other, Alhambra, Calif., and pointswithin 5 miles of Alhambra, Calif.

No. MC-FC 62375. By order of August19, 1959, the Transfer Board approvedthe transfer to Max Binswanger, doingbusiness as Max Binswanger Trucking,Downey, California, of a certificate inNo. MC.116314 issued March 12, 1957, toHarry D. Blanchard, Rialto, California;authorizing the transportation of ce-ment, over irregular routes, from Coltonand Victorville, Calif., to points in Clarkand Lincoln Counties, Nev.; and emptycement containers, on the return trip.Ivan McWhinney, Bailey & McWhinney,639 South Spring Street, Los Angeles 14,California.

No. MC-FC 62394. By order of August18, 1959, the Transfer Board approvedthe transfer to Airline Vans, Inc., Dallas,Texas, of a Certificate in No. MC 107520,issued April 25, 1950, to William (Jack)Stewart, Harry 0. Pulliam, and Robert L.Pettit, a partnership, doing business asAirline Vans, Dallas, Texas, authorizingthe transportation of household goods,as defined by the Commission, over irreg-ular routes,. between points within 500

miles of Fort Worth, Tex., including FortWorth; between points within 500 milesof Fort Worth, Tex., including FortWorth, on the one hand, and, on theother, points more than 500 miles fromFort Worth, in Alabama, Colorado, Con-necticut, Georgia, Illinois, Indiana, Iowa,Kansas, Maryland, Massachusetts, Mich-igan, Minnesota, Mississippi, Missouri,Nebraska, New Jersey, New York, Ohio,Pennsylvania, Tennessee, Virginia, andthe District of Columbia. Scott P.Sayres, 308 Danciger Building, 817 Tay-,lor Street, Fort Worth, Texas.

[SEAL] HARoLD D. McCoy,Secretary.

[F.R. Dc. 59-7032; Filed, Aug. 24, 1959;8:48 a.m.]

TARIIFF, CKOPMSSM[Investigation 81]

ZINC SHEETSNotice of Investigation and Hearing

Investigation No. 81 under section 7,Trade Agreements Extension Act of 1951,as amended.

Investigation instituted. Upon appli-cation of Ball Brothers Company,Muncie, Ind., and others, received

'July 14, .1959, the United States TariffCommission, on the 20th day of August1959, under the authority of section 7of the Trade Agreements Extension Actof 1951, as amended, instituted an in-vestigation to determine whether zinc insheets (including coated or platedsheets), classifiable under paragraph 394of the Tariff Act of 1930 are, as a resultin whole-or in part of the duty or othercustoms treatment reflecting conces-sions granted thereon under the GeneralAgreement on Tariffs and Trade, beingimported into the United States in suchincreased quantities, either actual orrelative, as to cause or threaten seriousinjury to the domestic industry produc-ing like or directly competitive products.

Public hearing ordered. A publichearing inconnection with this in-vestigation will be held beginning at 10a.m., e.s.t., on November 3, 1959, in theHearing Room, Tariff Commission Build-ing, Eighth and E Streets NW., Wash-ington, D.C. Interested parties desiringto appear and to be heard at the hearingshould notify the Secretary of the Com-mission, in writing, at least three daysin advance of the date set for thehearing.

Inspection of application. The appli-cation filed in this case is available forpublic inspection at the office of theSecretary, United States Tariff Commis-sion, Eighth and E Streets NW., Wash-.ington, D.C., and at the New York officeof the Tariff. Commission, located inRoom 437 of the Custom House, where itmay 'be read and copied by personsinterested.

Issued: August 20, 1959.By order of the Commission.[SEAL] Doux N. BENT,


8:50 am.]

Tuesday, August 25, 1959 FEDERAL REGISTER

CUMULATIVE CODIFICATION GUIDE-AUGUSTA numerical list of the parts of the Code of Federal Regulations affected by documents publishedto date during August. Proposed rules, as opposed to final actions, are identified as such.

3 Crfl PageProclamations:

1126 ------------------------ 64712037 ------------------------ 64713305 ------------------------ 62233306 ------------------------ 64073307 ------------------------ 64713303 ------------------------ 66073309 ------------------------ 6868

Executive orders:Dec. 30, 1895 ---------------- 6243July 2, 1910 ----------------- 6844Jan 27, 1913 --------------- 6471June 5, 1919 ---------------- 63161733 ---------------------- 68723358 ---------------------- 68673797-A ----------------- 6316,68725329 ------------------------ 66736584 ------------------------ 68677386 -------..------------- 68448921 ---------------------- 65828979 ------------------------ 68169887 ------------------------ 675310798 ----------------------- 686510831 --------------------- 666910832 --------------------- 675310833 --------------------- 686710834 ----------------------- 686510835 --------------------- 6868

5 CFR6 ----- 6223,6225,6327,6559,6609,663524 -------------------- 6475,6559,682939 --------------------------- 6295325 ----------------------------- 6476

6 CFR10 ------------------------------ 6256331 ----------------- 6642,6829,6831351 -------------------------- 6831383 -------------------------- 6256421 ----------------------------- 6179,

6232, 6238, 6314, 6315, 6642, 6755427 ------------------------ 6642,6643

7 CFR33 ----------------------------- 660951 --------- 6181,6132,6238, 6669,667152 -------------------- 6239,6671,670955 ------------------------------ 641356 ------------------------------ 663568 ---------------------- 6611,679981 -------------------------- 6831301 -------------------------- 6801728 ----------------------------- 6239729 ----------------------------- 6803811 -------------------------- 6473817 -------------------------- 6614909 ----------------------------- 6804922 ---------- 6183,6253,6383,6641,6834938 ----------------------------- 6253939 ..- ------------------------ 6641940 ----------------------------- 6255951 ------------------------- 6184,6295953 ------------------------- 6184,

6239, 6384, 6474, 6642, 6709, 6834957 ----------- ------------- 6184,6474958 ----------------------------- 6327964 -------------------------- 6385989 ------- ------------------- 6256993 ---------------------------- 6672997 ---------------------------- 61851003 ------ --------------- 6327,64141017 ------------- --- 64751019 -----------...------- 6753

7 CFR-Continued Page

Proposed rules:51 -------------------------- 620352 -------------------------- 6693729------------------------ 6771904 ------------------------ 6847982 ------------------------- 6759990 ------------------------- 6847993 ---------------------- 6245996 ---------------------- 6847999 ------------------------ 68471008 ------------------------ 67601012 ------------------------ 65041017 ------------------------ 67151019 ------------......----- 68471023 ------------------------ 67151024 ------------------------ 6504

8 CFR101 ----------------------------- 6476206 ----------------------------- 6476211 ----------------------------- 6476212 ----------------------------- 6240223 -------------------------- 6477235 ----------------------------- 6477235a --------------------------- 64 7236 --------------------- 6477242 ----------------------------- 6477245 ----------------------------- 6477251 ----------------------------- 6477252 ----------------------------- 6477299 ----------------------------- 6477502 ----------------------------- 6329Proposed rules:

103 ------------------------- 6201237 ------------------------- 6202242 ------------------------- 6202243 ------------------------ 6202299 ------------------------- 6202

9 CFR78 --------------------------- 6433131 -------------------------- 6257145 ----------------------------- 6614146 - 6614180 ----------------------------- 6434


70 -------------------------- 6317


541 ------------------------- 6272545 ------------------------- 6272561 ------------------------- 6272563 ------------------ 6272,6273

14 CFR40 ------------------------- 6240,658041 .------------ -------------- 624042 ------------------------------ 624160 --------------------------- 6388399 ---------------------------- 6409507 ------------------------ 6580,6835514 ------------------- 6191,6192,6197609 ------------------------ 6409,6674617 -------------------------- 66431201 ------------------------- 6615Proposed rules:

1 63933-----------------------3 -- - -- - -- - -- - -- - -

4b----------------6-----------------------

63936393639363936393

14 CFR-ContinuedProposed rules-Continued

Page

13 ------------------------- 639314 -------------------------- 639318 ------------- --- 639324 -------------------------- 639340 ---------------------- 6875,687641 --------------------- 6875,687642 ---------------- 6772,6875,687643 -------------- 639352 ------------ ---- 6393241 ------------------------- 6852507 ---------------.. . . --- 6717600 ------------------------- 6395,

6396, 6718, 6815, 6858, 6859, 6876601 -------------------- 6203,6395,

6396, 6718, 6815, 6859, 6860, 6876

15 CFR203 --------------------------230 ..... -371372 -----------------------------373---------------- ---374 ----------------------------377------------------------382qQf

667866786434643464346434643462576436

16 CFR13 --------- 6197, 6241, 6264, 6804, 6835

17 CFR230 -------------------------- 6385239 ---------------------- 6385, 6387Proposed rules:

240 ------------------------- 6719


1 ------------------------ 6653154 ----------------------- 6653157 ---------------------- 6653250 ----------------------- 6653

20 CFR401-422 ---------------------- 6645403 -------------------------- 6870404 ------------------------ 6500, 6615Proposed rules:

602 ---------------------- 6503604 ------------------------- 6503

21 CFR19 -------------- 6478, 6581, 6755, 680525 --------------------------- 6711120 ------------------------ 6644,6756130 ----------------------- 6618, 6805146c ----------------------- 6644, 6645Proposed rules:

120 -------- 6583, 6696, 6717121 ------------------ 6393, 6772

22 CFR40 --------------------------- 667841 ------------------------------ 6678201 -------------------------- 6812

23 CFR1 ------------------------------ 6232

24 CFR200 ---------------------- 6870261 -------------------------- 6330292a ---------------------------- 6871293a ....---------------------- 6871

6887

25 CM49-..............

Page

6838173 ............. 6342

23 (1939) CP39 ........ 6389

25 (1954) CF1- "6645,66460 . . - .- - ------ 6193, 6835

- --------- 6836Proposed rues:

1 --------------------------- 650119 --------------------- 6649,669648 -------------------------- 6873

29 Ci R102 ------- 6315697 ----------------------------- 6647778 ------------ 618120 C~fR14a ----------------------------- 6619301 ----------------------------- 6756

31 CRT102_------------------------ 6242,6390208 ----------------------------- 6839

32 CFR1 ------------------------------ 65592 ------------------------------- 65642 ..... 65656 --------------- 6566

S----------6568------- -------------------- 676

10 ------------------------------ 657712 ------------------ 6579

16 ------------------- ----------- 63900 ---------- ----- 6579

56 ----------------------------- 633064 -------------------------- 658066 --------------- 6647502. ------------------------- 6840511 ---------------------------- 6331543 --------..---------------- 6414578 --------------------------- 6391725 -------------------------- 6416752 ----------------------------- 667286 ----------------------------- 6648862 ... ------------------------- 6759878 ----------------------------- 67591004- --------------- -- 63321005 ---------------------------- 63321006 ---------------------------- 63321007 -- --------------------- 63371008-- ------------------------- 62971010 --------------- 63081011 -------------------------- 63111012_ -63121455 --------------------------- 6580

32A CFR0IA (Ch. X):

01 Reg. 1 ----------- 6759

FEDERAL PR-GISTEO

30 CFIZ Page

203 ------------------- 6265,6582,6711205 .... -------------------------- 6812207 ----------------------------- 6582

36 CR20 -----------.......---- 6242,6759311 ---------------------- 6391Proposed rules:

20 -------------------------- 684630 CFR13 ------------------------- 6342,667821 ------------------------------ 658336 ------------------------------ 6315

39 CFR16------------------------------ 622521 ------------------------------ 680722 ---------------- ---- 680723 ------------------------------ 680724 -------------- / --------------- 622525 ------------------------------ 680726 ------------------------------ 680727 ----------------------------- 680729 -680733 ------------------------------ 680734 ------- ----- 6225,680735 ------------------------------ 680741 ----------------------------- 626543 ------------------------------ 680747 ------------------------------ 680748 ------------------------------ 680756 ------------------------------ 680757 ----------------------------- 680795 -------------- --- 6623,6812111 ----------------------------- 6712168 ----------------------------- 6712Proposed rules:

15 -------------------------- 6844

41 CFR1-3 -------------

42 CFR51----------------------------53----------------------------

43 CR

6843

68726813

8 ------------------------------- 6813412 ----------------------------- 6343Proposed rules:

194 ------------------------- 6244'Public land orders:

41 ---------- ----- 658282 ------------------- 6316,6872138 ...-------------------- 6582324 -------------------- 6316,6872649_. 65821404 ------------------------ 66561481 ------------------------ 67141546 ------------------------ 64371570 ---------------------- 68151929 ------------------------ 62431930 ------------------------ 63161931 --------------- -- 6582

43 CM-Coninued PagePublic land orders-Continued

1932 -------------------- 6316,67131933 ------------------------ 63171934 ----------- ----------- 64371935 ------------------------ 64371936 ------------------------ 64371937 ------------------------ 66481938. 66731939 -------------------------. 66731940 ------------------------ 66731941------------------------ 67131942------ ----------------- 67131943 ----------------------- 67141944 ---------------------- 67141945 ------------------------ 67141946 ------------------------ 68141947 --------------- -- 68441948 ------------------------ 68441949 ------------------------ 68721950 ------------------------ 6872

46 CR10 ------------- ----- 6648Proposed rules:

201-380 ------ 6245

47 CR3 ------------ 6257 6264,6345,6437,67837 ---------------- -- 63468 ----------------- --- 634610 ------------------------------ 624319 ------------------- --- 6806Proposed rules:

1 ----------- --- 6265,64383 ------- 6266,6267,6353,6783,68767 -------------------- 6268,64398 ------------- --- 6268,64399 -------------- --- 643910 ------------------------- 643911 ------------------ 643916------------------ 643919 ------------------ ------- 643945 - 627146 -------------------------- 6271

49 CFR95 --------------------------- 20f198-- ------------------------- 6243Proposed rules:

71-78 ---------------------- 6772170----------------------- 6504172 ------------------------- 6783

50 CFR6 --------------------------- 6623,687217 ------------------------- 6714,6715105 ------------------------- 6244,6693107 ----------------------------- 6844108 ----------------------------- 6438109 ---------------------------- 6392115 --------------------------- 6438Proposed rules:

31 ----------------- 6392,6503,684534 -------------------------- 635335 --.--------- 6393,6814,6845,6846

Federal Register: 24 Fed. Reg. 6865 (Aug ... - tile.loc.gov

Documents

Transcript of Federal Register: 24 Fed. Reg. 6865 (Aug ... - tile.loc.gov