Free Notice (Other) - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 309-37
.t>,~\ONAL.'d~

Filed 06/30/2008

Page 1 of 3

FEllE
-. VOLUME 23

EGISTEII
~ UNITED "~
i , ,l =

NUMBER 130

Washli~gton, Thursday, July 3, 1958
i i ii i |1 i , ,ill ii i i i

Office of Defense and Civilian MobilizaCONTENTS tion. (b) Each reference in any prior ExTHE PRESIDENT EXECUTIVE ORDER 10773 ecutive order to the Office of Defense Page DELEGATING AND TRANSPERRING CERTAIN Mobilization and each reference in any Executive Order FUNCTIONS AND AFFAIRS TO TR~ OFFICE prior Executive order to the Federal Delegating and transferring cerOF DEFENSE AND CIVILIAN I~OBIL~Y~TION Civil Defense Administration is hereby tain functions and affairs to Office of Defense and Civilian By virtu/e of the authoriby vested in amended to refer to the Office of Defense 5061 Mobilization___ me as President of the United States, and Civilian Mobilization. l including authority vested in me by the SEC] 4. Without limiting the applicaEXECUTIVE AGENCIES provisions of Reorganization Plan No. 1 tion of section 3 of this order, the amendof 1958 and including alao authority ments made thereby shah apply, subject vested in me by provisions of law cited to the provisions of section 3 of this Agr|culture Depadment- Serv~ee A~ricultural Marketing in the preambles of, or relied upon in order: ice. connection with the issuance of, orders (a) To references to the Federal Civil amended by this order, it is ordered as Defense Administrator (or to the Admin, Agricultural ~/tarkeiing Service follows: istrator of the ~Vederal Civil Defense Ad- Rules and reg-alations: Fruits and vegetables, processed, S~.cT:o~ 1. The "Office of Defense and ministration) and to references to-the procdssed products thereof, Civilian Mobilization" and the '¢Dtxector Federal Civil Defense Administration in and certain other processed of the Office of Defense and Civilian the followlng-deslgnated Executive orfood products; editorial note. 50s2 Mobilization", referred to in this order;, ders, including any Executive orders are the once of that" name and the amendatory thereof or supplementary Atomic Energy Commission Notices: officer with that title, respectively, pro- thereto: (1) Executive Order No. 10242 o£ May General Dynamics Corp.; utilivided for in Reorganization Plan No.. 1. 8,1951. zation facility license, amendof I958. (2) Executive Order No. 10260 of June ment ..................... 5102 SEe. 2. Ca)"I~nere are hereby dele- 27,1951, Rules and regu/ations: gated-to the Director of the Office. of (3) Executive Order No. 10346 of April New mailing address ...........' 5064 Defense and Civilian NIobilization, with 17,1952. Civil Aeronautics Board power of rcdelegation by him, all func(4) ExecutiveOrder No. 10~21 of De-Notices: tions transferred to the President by the cember 31, 1952. American Airlines, Inc.; preprovisions of Reorganization Plan No. 1 (5) Executive Order No. 10427 of hearing conference .......... 5103 of 1958. ¯ January 16,1953. (b) Subject to the provisions of sec(6) Executive Order No. 10529 of ~pril Customs Bureau Proposed rule making: ~tion 7 'of this order, all functions of the 22,1954. President of the United St~es hereto(7) Executive Order No. 1073~ of Customs Collection District No. fore delegated or assigned to th~ Di- October 29,1957. 1 (l~aine-New Hampshire) ; rector of the Of~ce of I)efense Mobilizarevocation of designation of (b) To references to the Director of ~oleb-Jackman as customs ¯ tion, the Office of Defense Mobilization, the Office of Defense Mobilization and to port of entry and designation the Federal Civil Defense Administrator references to the Office of Defense Mobi(or the Administrator of the Federal lization in the following-designated Exof Jackman, Maine, as a cus5093 toms port of entry__ Civil Defense Admink~tration), or the ecutive orders, including any Executive Rules and regulations: Federal Civil Defense Administration order amendatory thereof or suppleAppraisement; examination of are, to the extent that those delegatlon~. mentary thereto: 5063 or asslgnments were in effect June 30, merchandise ............... (1) Executive Order No. 10219 of 1958, redelegated or reassigned, as the February 2'8,1951. Licenses for certain customs ease may be, to the Director of the Office entries and examination of (2} Executive Order No. 10296 of tangible communications, revof Defense and Civilian Mobilization. October 2, 1951. ocation of .................. 5064 (3) Executive Order No. 10312 of DeSE~. 3. F~xcept in instances wherein Federal Civil Defense Admlnthe provisions concerned are for any rea- .comber 10,1951. (4) Executive Order No. 10346 of April son inappllcabIe as of the effective date i stration 17,1952.. of Reorganization Plan No. 1 of 1958: Notices: Texas; major disaster ........ 5106 (a) Each reference in any prior Ex- - (5) Executive'Order No. 10421 of Deecutive order to the Director of the Office cember 31,1952. Federal Communications Comof Defense Mobilization and each refer(6) Executive Order No. 10460 of June mission ence in any prior Executive order to the 16; 1953. Notices: Federal CivR Defense Administrator (or (7) Executive Order No. 10480 of Hearings, etc.: to the Administrator of the Federal Civil August 14, 1953, (except section 102). community Telecasting Corp. Defense Admin~rat~on) is hereby et al ................... 5105 (Continued on p. 5063) amended to refer to the Director of the 5061

TITLE 3--THE PRESIDENT

HeinOnline -- 23 Fed. Reg. 5061 1958

Case 1:99-cv-00550-ECH
Thursday, July 3, 1958

Document 309-37
FEDERAL REGISTER

Filed 06/30/2008

Page 2 of 3
5093

TITLE 49--Tl~NSPORTATION
Chapter I--Interstate Commerce Commission PART I56---R~eOR~n~G OF P~oPzR~r CHANGES: PIPELINE CARRIERS AME~MFA~ OF FORMS Jm~ 27, 1958. By order dated May 23, 1958, the Corn. mission prescribed revised regulations governing the reporting of property changes by pipeline carriers as contained in theRevised Supplement No. 8 to Valuation Order No. 3--Second Revised Issue. In conjunction with these reg~flations four forms were also prescribed. Evidence of the approval of the Bureau of the Budget of the revised reporting requirements and the related forms was inadvertently omitted from the text of the aforementioned brder, and Irom the forms. l~eprints of the above mentioned regulations will contain the following notarich: "The reporting requirements conrained herein have been approved by the Bureau of theBudget in accordance with the Federal Reports Act of 1942."

Reprints of the prescribed form~ shah a~tgnee of an Osage oii and gas 1ease to reflect notation as indicated below in the be located any place within the State of upper right hand comer of the form: Oklahoma instead of only ~'ithin the City of Pawhuska, On ACVForm No. 1:. All interested persons are hereby given FormApproved all opportunity to submit in triplicate BudgetBureauNo.60-R340. This approval will expire on Nov. 30, lg63. written comments, suggestions, or objections with respect to the proposed OnACVFormNo. 2: amendments to the Commissioner of Indian Affairs, Department of the InForm Approve~ " terior, Washington 25, D. C., within Budget BureauNo. 60-R339. This app/bval will expire on Nov. 30, 1963. thirty day~ of the date of publication o~ this notice in the F~vE~ REGIS~m On ACV Form No. 3: Rc~vR EaNST. Form ApprOved Assf.stanf, ,,~ecretgry o] the In~erioy. BudgetBureauNo. 60-R338. JUNE 26, 1958. This approval will expire on Nov. 30, 1963, 1. The present text of .~183A 1.~ On ACV Form No. 4: amended to provide that rental in Ileu of Form Approved drining shah be paid annually in adBudget Bureau ~o. 60-~3~7. vance and to read a~ follows: This approval will expire on Nov. 30, 1963. § 183.4 Drilling obligatior~s. ~a~ ~ notice ~ be ~led with the Lessee shall drill a~ least one well to Director, Federal Register DiVision. the MAssissippi Lime, unless oil or gas is found In paying cluantities at a lesser H~onu D. McCoy, depth, on the land covered by his lease. gecretary, within 12 months from the date of apIF, R. Doc. 58-5101; Filed, July 2, 1958; provaI of the lease, or the lease may be 8:52 a.m.! held for the full five-year primary term without drilling, upon payment to the Superintendent for the lessor of rental at the rate of one dollar per acre per beginning one year after the date of approval of the lease. This lease shall terminate as to both parties unless such Holeb-Jackman as a customs port of advance rental shall be received at the entry and the designation of Jackman Osage Agency or shall have been mailed as a customs port of entry may be ad- as indicated by postmark, on or before dressed tothe Comm/zslonerof Customs, the due date: Provicled, That the time Bureauof Cnstems, Washin~on 25,D. C ....within which a well shall be drilled shall in writing. TO assure consideration of not begin to run on any restricted homesuch communications, they must be re- stead selection until the consent of the ceived in the Bureau of Customs not Superintendent to drilling on such homelater than 20 days from the date of stead shah have been given, nor shall publication of this notice in the F~DZ~ advance rental become due until the next anniversary date of the lease fO1R~Sm~Em No hearing will be held. 10win~ the date of such consent: Pro[S~LI RALPH ~.LL~2",~ ~y~dc~ ]urther, That the Superintendent Comm~ssfone~. o] Customs. in his discretion may direct the drilhng :Approved: June 26, 1953. of any undrilled lease, if in his opinion the interests oftheOsageTribewarrant: 2~ G~u~o~z Fr.u~s, That whenever the Acting Secretary o/~he Treasury. Prov~ed ]urther, Indian Affairs shall Comm~sioner of IF. R. Doc. 58-5109; ~iled, Jt~ly 2, 1958; consider the mark~tung facilities inade8:53 a.m.] quate to take care of the production he may direct the suspension of drilling operations on this lease. The completion DEPARTMENT OF THE INTERIOR of a well to the I~IzsissippiLlme, or production of oil or gas in paying quanBureau of Indian Affairs tities from a lesser depth than tbe Mis[ 25 CFR Part 183 ] sissippi Lime, for such time as such prolea~e L~sn~ OF OS~~- RESEaVA~O~r I~S FO~ duction shah continue, after therelieve has entered "a rental status, shall O~ ~ G~s M_m-m~ the lessee from any further payment of rentals for the balance of the primary ~mc~a~o~s ~m~r~s term o! rental has Basis ariel purpose. Notice is hereby not beenthe lease for whichpreductmn paid. Should such given that pursuant to the authority vested in the Secretary of the ,Interior cease, rental shall commence on the by section 3 of the act of June 28, 1905 next anniversary date of the lease, Ren(34 Star. 539-543), it is proposed to tal shall be paid on the basis of a full refund will bc made of adamend 25 C~R, § § 183.4, 183o16, 183.42, year, and nopaid in compliance with the and 183.43 as set forth below. The puT- vance rentalin this part. pose of the~e amendments is to require regulations (b) Prior to the expiration of a term that the annual rental in lieu of drilling on oil and gas leases on the Osage Indian ¯ of a lease, the Osage Tribal Council n~ay, Reservation shah be paid annually in ad- with the approval of the Superintendent, vance, and to permit the appointment of and a finding by him that such action a local representative o£ a lessee or is in the best interest of the Osage Tribe,

PROPOSED RULE MAKING
DEPARTMENT OF THE TREASURY
Bureau of Customs [ 19 CFR Part I ] CUSTOMS COLLECT:EClaT DISTRICT NO. 1 (M~-NEw Ha~PSHnU~) ]PROPOSED REVOCATION OF DESIGNATION OF ~oT.EB-jacr~a~ As A cvs~o~as COaT O~ z~r~aY ~ ~- vzsmN~o~ o~ aAc~~[AIN~ ASrA C~STOMSPORT OF ENTR'~ Notice is hereby given that pursuant to the authority vested in the President b~ section 1 of the act of August 1, 1914, 38 star. 623 (19 IT, ~. C. 2), which was delegated to the Secretary of the Treasnry by the President by Executive Order No. 10289, September 17, 1951 (3 CFR, 1951 Supp., Ch. II), it is proposed to reyoke the desi=cmation of Holeb-Jackman, Maine, as a customs port of entry in Customs Collection District No. 1 (Maine-New Hampshire); td establish in Customs CoHectio~ District No. 1 a new customs port of entry at Jackman, Maine, to Include the townships of Jackman, Sandy Bay, Bald Mountain, Holeb, Attean, Lowe
payable a uaily advance,

HeinOnline -- 23 Fed. Reg. 5093 1958

Case 1:99-cv-00550-ECH
5091

Document 309-37

Filed 06/30/2008

Page 3 of 3

PROPOSED RULI: MAKING

grant an extension of the term of the son shall be deemed service upon" the s~on's rifles as set forth below so that lease for a periqd of not to exceed six lessee. whenever consideration (including an months for the purpose of'enabilng the agreement for consolidation of interests) [1% R. DOC. 58-5074; ~Jed~ July 2, .1958; ¯ 8:45 a. m.] lessee to drill a well to tile 1~Iz~Ippi is paid or promised in connection with Lime unless oil or gas is found in paying ¯ the default, dismissal or amdndment of quantities at a lesser depth. an application in hearing status, the apDEPARTMENT OF HEALTH, EDU-plicati0us of all applicants who are par2. The present text of § 18316 is ties to the agreement will-be dismissed amended to conform tcr the proposed CATION, AND WEL.FARE with prejudice. provisions of 3 183.4 and to provide that 3. Authority ,for the adoption of Lhe Food and Drug Administration no refund of annual rental will be" made amendments proposed" herein is conff a lease is cancelled during the year; " [21 CFR Part 20 ] tained in sections 4 (i) and 303 (r) of and to read as follows: _ the Communications Act of 1934, as ¯ ~ [Docket Nos. FDC 34, 84 (a) ] 3 183.16 Surrender ol ~ease. The oil amended. lessee may at any time, by paying to the FROZEN DESSERTS; DEFINITIO'NS AND" /.4. Any interested party who is of the Sfiperintendent the sum o$ one dollar, STANDARDS OF IDENTITY wew that the propose~l amendments surrender all or any'quarter-section or should not be adopted,,orshould not be ORDER EXTZNDn~O TE~ ~OR FXL~¢U fractional part of quarter-section where adopted in the form set forth herein, "EXCEPTIONS the lease does not cover the full quartermay file with the Commi~ion on or beThe order published in the'~DERAL section, and have the lease cancelled as fore July 28, 1958, a written statement to the lands surrendered; and be reREGISTER of-March 26:1958 (28 F. R: or brief "setting forth his comments. I991)~ giving notice of proposed definilieved from all further obligations and "Comments or briefs in support of the liabilities thereunder, as to the part surtions and ~fandardd of iddntity for frozen ¯ proposed amendments may also be filed desserts, fixed a period of time ending rendered; Provic~ed, That if this lease on or before the same date. Commehts 90 da~s from the date of publicatien for has been recorded, the lessee ~nall exor briefs in reply to the ~riginal cominterested persons to file wr~en excepecute a release and record the same in ments may be filed within fifteen days the proper office. Such surrender shall tions thereto. from the last day for filing said original The Commissioner of Food and Drugs, not entitle the lessee to a refund of the comments. No additional comments having been petitioned by interested perunused portion of rental paid in lieu may be filed unless (I) specificall~ resons who appeared at the hearing to of development, nor shall it relieve the quested by the comn~ssiofi or (2) good lessee and his ~eties of any obligation extend the period of time for filing such cause for thd filing 'of such additional written exceptions, and good cause thereincurred prior to such surrender. comments is established. for appearing: It /$ ~rgfrcg, Thai; the 5. In accordance with the provisions 3. Section 183.42 is deleted for the time for filing such except jion~s be exof' 3 1.5~ of the Comn~ssion's rules and reason that its provisions are included in tended to September 26,-/958. regulations, an original and 14 copies of Sec. 183.4, as amended, all statements, briefs, or-comments shall 4.The present texb of 3183.43 is Dated: June 26,1958. .~e furnished the Commission. .~ amended to permit a local representative Gzo. P. I~mcK, of a lessee o1" assignee to be locate4 any Adopted: June 26, 1958. Commissior~er ol Food aug Dru~s. place within the State of Oklahoma inReleased: June 30, 1958: stead of the City of Pawhuska, and to [1~. R, DOC. 58-5t06; Filed, July 2, 1958; 8:52 a. m.] read as follows: FE~Em~L C03~I~ICATIONS Con~ss~0N," 3 183.43 T~csse¢'s process agent. '(a) 1W_~Y Jm'r~ Momus, [SEAL) Before actual ch'llling or development -FEDERAl: COMNIUNICATIONS ¯ ~gcrfi:~ary. operations are commenced on leased "" lands, the lessee or assi~nee shall appoint CQMMISSION 1. Section 1:311 (b) of the Commisa local or resident representative within sion's rules is amended to-read as [47 CFR Par! 1 ] the State of Oklahoma, on whom the follows: Superintendent or other authorized rep[Docket l%To. 12509; FCC 58-619] (b) Requests to amend an application resentative of the Department may serve PRACTICE AND PROC,EDURE after it has been designated for hearing notice, or otherwise communicate with will be considered only upon written tn securing compliance with the regulaNOTICE OF PROPOSED RULE ~L~CING petition properly served upon the parties tions in this part, and shall notify the" In the ma~ter of amendment of of record, and will be granted only for Superintendent of the-name and post §3 1.31'1, 1.312, and 1.363 of the Commisgood cause shown. If the granting of office address of the representative so sion's rules; Docket No. 12509. such petitidn would permit a grant of the appointed. 1. Notice is hereby given of proposed amended application or an application (b) Where several parties own a lease rule making in the above-entitled mat-: theretofore in conflict with the amended jointly, only one representative or agent ter. application, such Detition must be acneed be designated, whose duties shall 2. In an increasing number of broadcompanied, by an affidavit as to whether be to act for all parties concerned. cast cases designated for comparative or not consideration has been promised Designation of , such representative hearing competing applications are to or received by petitioner, directly or should be made by the party in charge o£ being amended or dismissed upon agreeindirectly, in connection with the filing operation~. merit for the payment of some consid~- of sucli petition for amendment. The (c) In the evenb of the incapacity or era'tion or for consolidation of interests, affidavit shall be executed, by the apabsence from the State of such desigleaving th~ remaining application free plicant, if an individual; a partner of apnated local or resident representative, fqT an unopposed grit. The Commisplicant, if a partnership; or an officer the lessee shall appoint some person to sio~ is concerned that these practices of applicant having personal knowledge may tend to defeat the purpose of hearserve in his stead, and in the absence of the facts, if a corporation or associaings on applications for broadcast faof such representative or of notice of the tion. If consideration has been received cilities and encourage the filing of marappMntment of a substitute any emor promised, the application shall be ginal or "strike" applications in the hope dismissed with prejudice. ployee of the lessee upon the leased that payment may be exacted in conpremises, or the contractor or other per¯ 2. Section 1.312 (c) of the Commlsslderation of amendment or dismissal of son in charge of drilling or related opsion's rules is amended to read as such app]ications. In many instances erations thereon, shall be considered the follows: these practices may also represent an representative of the lessee for the purabuse of the Commission's hearing proc(c) ttecluests to dismiss an application pose of ".~ervice of orders or notices as esses. Hence, in order to discom'age . without prejudice after it has been desigherein provided and service upon any these practices, it is proposed to amend nated for hearing will be considered only such employee, contractor, or other per~ 3§~211, 1.312, and 1.363 of the Commlsupon written pe.tItion properly served

HeinOnline -- 23 Fed. Reg. 5094 1958