FEDERAL CISTE

'934 NUMBER 36 VOLUME 20 * t/A/ITEO ^ Washington, Saturday, February 19, 1955

TITLE 7— AGRICULTURE tion of the Secretary or his designated CONTENTS representative. Subtitle A— Office of the Secretary of (b) The 4-H Club name and emblem Agricultural Marketing Service PaS® Agriculture may be used by authorized representa­ Buies and regulations: tives of the U. S. Department of Agri­ Citrus fruits grown in certain P art 8— 4 -H C lu b N ame and E m blem culture, the land-grant colleges, and the States; limitation of ship­ REGULATIONS GOVERNING USE Cooperative Extension Service, in ac­ ments and handling : Sec. cordance with the regulations in this California and Arizona: 8.1 Policy. part, for serving the educational needs Lemons______1070 8.2 Delegation of authority. and interests of boys and girls enrolled Oranges, navel______- 1068 8.3 D efinitions. in 4-H Clubs. Florida: 8.4 Basic prem ises. 8.5 Revocation of present authorizations. (c) Any use of the 4-H Club name and Grapefruit______1069 8.6 A uthorization for use. emblem is forbidden if it exploits the Oranges ______1069 8.7 C ontinued use. 4-H Club program, its volunteer leaders Tangerines______1068 8.8 Use by public information services. or members, or the U. S. Department of Agricultural Research Service 8.9 Use on calendars. Agriculture, land-grant colleges, Coop­ Rules and regulations: 8.10 Mailing lists and sales promotion by erative Extension Service, or their em ployees. Hog cholera, swine plague, and employees. other communicable diseases; Authority: §§ 8.1 to 8.JO issued under 62 § 8.5 Revocation of present author­ vesicular exanthema; changes Stat. 733, 18 U. S. C. 707. izations: Effective July 1, 1955, except in areas quarantined-.,______1071 § 8.1 Policy. The Cooperative Exten­ as provided in § 8.9, all authorization Agriculture Department sion Service, of which the 4-H Club work permits, except as provided in § 8.6, for See also Agricultural Marketing is a part, invites and appreciates the the use of the 4-H Club name and em­ Service; Agricultural Research cooperation of all organizations, agen­ blem presently in effect will be revoked. Service; Farmers Home Admin­ cies, and individuals whose interest, § 8.6 Authorization for use. (a) The istration. products or services will contribute to Administrator may grant authorization Rules and regulations: the educational effort of the Coopera­ for the use of the 4-H Ciub name and 4-H Club name and emblem; tive Extension Service _as conducted emblem: regulations governing use----- 1065 through 4-H Club work. (1) For educational or informational Business and Defense Services § 8.2 Delegation of authority. The uses which the Cooperative Extension Administration Administrator, Federal Extension Serv­ Service deems to be in the best interests Notices: ice, United States Department of Agri­ of 4-H Club work and which can be Office of Technical Services; culture, may authorize the use of the properly controlled by the Cooperative Commodity Standards Divi­ 4-H Club name and emblem in accord­ Extension Service. sion; statement of proced­ ance with the regulations in this part. (2) For a" service to youth which the Cooperative Extension Service deter­ ures; correction------1081 § 8.3 Definitions, (a) The term “4-H mines it is not in a position itself to civil Aeronautics Administra­ Club name and emblem” as used in this perform. tion part means the emblem consisting of a, (b) Authorizations, when issued, will Rules and regulations: green four-leaf clover with stem and the be valid for specified purposes and Restricted areas; Oswego, N. Y.; letter “H” in white or gold on each periods of time only. Application forms alteration______1072 leaflet, or any insignia in colorable imi­ for requesting authorization to use the Standard instrument approach tation thereof or the words “4-H Club” 4-H Club name and emblem may be procedures; procedure altera­ or “4-H Clubs” or any combination of obtained from the Administrator, Fed­ tions ______1073 these or other words or characters in eral Extension Service, United States colorable imitation thereof. Commerce Department Department of Agriculture, Washington See Business and Defense Services (b) The term “Administrator” means25, D. C. Administration; Civil Aeronau­ the Administrator, .Federal ^Extension (c) Granting an authorization to an tics Administration. Service, United States Department of individual, organization or institution Agriculture. for a specific use does not preclude Customs Bureau granting a s im ila r authorization to Rules and regulations: § 8.4 Basic premises, (a) The 4-H another individual, organization or in­ Customs bonds; action on ap­ Club name and emblem are held in trust stitution for the same or a similar plications of bonded carriers by the Secretary of Agriculture of the purpose. in certain cases______1072 t7. S. Department of Agriculture for the (d) All uses of the 4-H Club name or Farmers Home Administration educational and character building pur­ emblem shall be consistent with the edu-„ Rules and regulations: poses of the 4-H plub program and can cational purposes, character building* Livestock loans, special; eligi­ be used only as authorized by thè statute objectives and dignity of the 4-H Club bility requirements for feeders and in accordance with the authoriza­ (Continued on p. 1067) of livestock------1071 1065 1066 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Crop Insurance Corpo- Page Justice Department Page FEDERALfPEGISTER ration Delegation of authority to Attor­ 1»»^ Rules and regulations: ney General with respect to Soybean crop insurance; regu­ disposal by lease of the Federal Jail at Kodiak, Alaska, or space Published daily, except Sundays, Mondays, lations for 1955 and succeed­ ing crop years; the policy__ 1068 therein (see General Services and days following official Federal holidays, Administration). by the Federal Register Division, National Federal Power Commission Archives and Records Service, General Serv­ Land Management Bureau ices Administration, pursuant to the au­ Notices: thority contained in the Federal Register Act, Hearings, etc.: ^ Notices : approved July 26, 1935 (49 Stat. 500, as Idaho; order providing f o r amended; 44 U. S. C., ch. 8B), under regula­ Britain, B. M., et al______1081 opening of public lands__ _ 1076 tions prescribed by the Administrative Com­ Colorado-Wyoming Gas Co_1082 Rules and regulations: mittee of the Federal Register, approved by Department of the Interior, Alaska; withdrawing lands for the President. Distribution is made only by Southeastern Power Ad­ use of Alaska Road Commis­ the Superintendent of Documents, Govern­ ministration, A llatoon a ment Printing Office, Washington 25, D. C. sion as dock and wharf site Project______1081 and partially revoking former The F ederal Register will be furnished by Hawkins, H. L., et al______1083 mail to subscribers, free of postage, for $1.50 public land order______1072 per month or $15.00 per year, payable in Hope Natural Gas Co______1081 advance. The charge for individual copies Iowa-Illinois Gas and Electric Post Office Department (minimum 15 cents) varies in proportion to Co______1081 Proposed rule making: the size of the issue. Remit check or money Northern Pump Co. et aL__ 1082 Certified mail ______1075 prder, made payable to the Superintendent South Carolina Generating of Documents, directly to the Government Co______1081 Subversive Activities Control Printing Office, Washington 25, D. C. Board The regulatory material appearing herein Southern Natural Gas Co___ 1081 is keyed to the Code of F ederal Regulations, Texas Eastern Transmission Notices: which is published, under 50 titles, pursuant Corp______1083 Herbert Brownell, Jr., Attorney to section 11 of the Federal Register Act, as United Gas Pipe Line Co__ - 1082 General of the United States, amended August 5, 1953. The Code of F ed­ Petitioner, v. Labor Youth eral R egulations is sold by the Superin­ General Services Administration League, Respondent______- 1086 tendent of Documents. Prices of books and Notices: pocket supplements vary. Attorney General; delegation of Treasury Department There are no restrictions on the re­ See Customs Bureau. publication of material appearing in the authority with respect to dis­ F ederal Register, or th e Code of Federal posal by lease of the Federal Veterans’ Administration R egulations. Jail at Kodiak, Alaska, or Rules and regulations: space therein______1083 Vocational rehabilitation and Interior Department education; entitlement to Now Available education or training benefits See Land Management Bureau. based upon active service oc­ UNITED STATES Interstate Commerce Commis­ curring in Armed Forces after sion January 31, 1955______1072 GOVERNMENT Notices: CODIFICATION GUIDE ORGANIZATION Applications for relief: Clay, kaolin or pyrophyllite A numerical list of the parts of the Code MANUAL from southern producing of Federal Regulations affected by documents points to South Carolina, published in this issue. Proposed rules, as 1954-55 Edition Kentucky and West Vir- opposed to final actions, are identified as (Revised through July 1) ginia----- &______:_____ 1085 such. Coal, bituminous, from Inner Title 6 Page Published by the Federal Register Division, and Outer Crescents dis­ the National Archives and Records Service, tricts and from Ohio to Au­ Chapter IH: General Services Administration rora, 111______- 1084 Part 384______1071 742 Pages— $1.00 a copy Coal from Kentucky and Vir­ Title 7 ginia to South Greenwood, Subtitle A: Order from Superintendent of Documents, S. C______1085 Part 8 ____ 1065 United States Government Printing Office, Fullers earth from Faceville, Chapter IV: Washington 25, D. C. Ga., to the South______1085 Part 423 ______1068 Iron and steel billets from Chapter IX: Steelton, Ky., to New Bed­ Part 914______1068 CONTENTS— Continued ford, Mass______1084 Part 933 (3 documents)__ 1068,1069 Logs from Franklin, Emporia, Part 953___ 1070 Federal Communications Com- Page and La Crosse, Va., to Jef­ Title 9 mission fersonville and New Al­ Notices: bany, Ind------1085 Chapter I: Hearings, etc.: Newsprint paper and ground Part 76______1071 Delta-Democrat Publishing wood paper from Red Rock, Title 14 Co. and Cotton Belt Broad­ Ontario, to Michigan, Ohio, Chapter n : casting Corporation of Mis­ and West Virginia______1084 Part 608____ 1072 sissippi______1079 Sulphate of potash from Tex­ Hopkins-Edina-St. L ouis Part 609______1073 Park Broadcasting Co. et al_ 1079 as and Oklahoma to south­ Title 19 western, western trunk­ Klein, Abraham, et al______1076 Chapter I: Prime, Inc______1080 line, Illinois, and gateways Part 25______1072 Radio Tifton (WTIF)______1076 territories______1084 Tennessee Valley Broadcast­ intrastate coal rates in Illinois Title 38 ing Co. (WAGC) and E. and Indiana; investigation Chapter I: Weaks McKinney-Smith_1078 and hearing.______1086 Part 21____ : ______1072 Saturday, February 19, 1955 FEDERAL REGISTER 1067

CODIFICATION GUIDE— Con. (3) Any request for distribution of 4-number of salesmen employed, or to be H materials on an interstate basis shall employed, extent of sales, territory to be Title 39 be brought to the attention of the Ad­ covered, means of distribution to users, Chapter I: ministrator. etc. Part 58 (proposed) ______1075 (b) The National Committee on Boys (iv)' Copies of any and all sales or pro­ and Girls Club Work, Inc., and the Na­ motion literature which makes reference Title 43 tional 4-H Club Foundation of America, to 4-H Club work or calendars bearing Chapter I: Inc., ,are granted authority to use the the 4-H Club name and emblem. Appendix C (Public land or­ 4-H Club name and emblem in accord­ (d) Notification of the grant of an ders) : ance with this part: authorization for the use of the 4-H Club 486 (revoked in part by PLO (1) The National Committee on Boys name and emblem for a specific year will 1071)______' 1072 and Girls Club Work, Inc., shall be, to be received by the calendar manufac­ 1071______1072 the maximum degree possible, the source turer from the Administrator. of supplies for the 4-H Club work except (e) During each year that the author­ program and the emblem shall be given where they are not in the best position ization is in effect, art work, copy and a position of prominence. It is not to provide a particular item. related plans for each complete calendar proper to superimpose any letter, design, § 8.8 Use by public informational serv­ and any pertinent changes from the or object on the 4-H Club emblem, or to ices. (a) In any advertisement, dis­ original approved sales and distribution materially alter its intended shape. play, exhibit, film, news release, publica­ plan, must be submitted for approval to (e) Specific authorization is not re­ tion, radio and television program de­ the Administrator, Federal Extension quired to use the 4-H Club name or voted in whole or in part to the 4-H Service, U. S. Department of Agriculture, emblem for news media such as news­ Clubs, the 4-H message or salute must Washington 25, D. C. papers, periodicals, and radio and tele­ be distinctly set apart from any com­ (f) The main illustration shall be vision programs when such use is mercial message or reference. used only on the calendar series for which primarily for an educational or informa­ (b) Advertisements, public releases or authorization is granted and shall not tional purpose. Likewise specific au­ displays in any form must not include be used on other calendars. The main thorization is not required to use the actual or implied testimonials or en­ illustration and other illustrations used name or emblem in those exhibits, dis­ dorsements of business firms, their prod­ shall be in keeping with the ideals, spirit plays, etc,, which are designed primarily ucts or services, either by 4-H Clubs, and objectives of the 4-H Club Program. to pay tribute to or salute the 4-H Club 4—H members, volunteer 4-H leaders, Natural color oil paintings or photo re­ program and are in keeping with the the Cooperative Extension Service or its productions of real life situations depict­ employees. Statements that a product ing the educational work of 4-H Clubs policy, enunciated herein. shall be used. (f) Authorization must be obtained is used or preferred to the exclusion of Cg) All calendar copy must contain a for the use of the 4-H Clqb name and similar products are not permitted. line near the advertiser’s name indi­ emblem by other than representatives of (c) The granting of an authorization cating that the distribution of the calen­ the Cooperative Extension Service in for the production of films, visual mate­ rials, books, publications, etc., using the dar is designed to further the educational connection with contests and awards; program of 4-H Club work. supplies to be sold; books, booklets, 4-H Club name and emblem is contin­ (h) Copy, art work, subject matter, charts, posters and similar printed ma­ gent upon approval of the script of the and information appearing in or on the terials ; all calendars regardless of origin film or draft of the publication when the calendar shall not in any way imply en­ or use; theatrical and non-theatrical draft is in its final working form. Pre­ dorsement of the firm or individual motion pictures; slide films and other liminary plans and drafts may. be sub­ sponsoring the calendar, nor of its prod­ visual materials; supplies (whether to be mitted as work progresses in order to ucts, services, or calendar-copy by the sold or provided without charge); titles expedite final action. United States Department of Agricul­ of persons and advertisements. §8.9 Use on calendars, (a) The rev­ ture, land-grant colleges, or Extension (g) 'Any authorization or permissionocation of present authorizations pro­ Service, including the 4-H Clubs, or its for the use of the 4-H Club name and vided in § 8.4 does not apply to authori­ representatives. emblem may be revoked at any time zations for calendars now in production (i) Space devoted to advertising shall after notice. for hang-up before or in the year 1957. not exceed 10 percent of the total calen­ § 8.7 Continued use. (a) The land- (b) No State or county Extension dar space. The name of only one spon­ grant colleges, the State and county Ex­ Service or local 4-H Club is authorized sor or advertiser shall appear on a tension Services, and the local 4-H Clubs to produce a 4-H Club calendar or au­ calendar. recognized by the Secretary of Agricul­ thorize others to produce or'sell a 4-H (j) It is preferred that calendars be ture and the Cooperative Extension Serv­ Club calendar. sold or distributed by purveyors of com­ ice, are authorized to use the 4-H Club (c) Calendars will be approved only mon necessities such as credit (banks), name and emblem for their own educa­ on the basis of very high standards of farm machinery, seeds, fertilizers, gro­ tional or informational purposes in ac­ quality and acceptable distribution ceries, lumber, etc., or through farm cordance with this part, on materials plans: organizations, insurance companies, etc. which are originated, requested, pur­ (1) All organizations wishing to man­ (k) Calendars bearing the 4-H Club chased, or distributed by them .' The ufacture and merchandise calendars name and emblem shall not be sold to land-grant colleges, county Extension bearing the 4-H Club name and emblem or distributed through any business Services and local 4-H Clubs may only shall submit to the Administrator the whose sponsorship or use thereof might authorize, create and purchase 4-H ma­ following specific materials and any reflect unfavorably on the Extension terials for their own use. They are not supplementary information or materials Service or on 4-H Club work. Sales are permitted to authorize manufacturers, which will help to provide complete in­ strictly prohibited to any firm or indi­ wholesalers, retailers, purchasers, or formation regarding the calendar, its vidual engaging primarily in the manu­ others to manufacture, or sell or distrib­ promotion and sales plan:" facture, sale or distribution of liquor ute materials bearing the 4-H Club (i) Application for authorization to and to any establishment engaged pri­ name and emblem for other uses or for use the 4-H Club name and emblem. marily in the manufacture, distribution resale: (ii) ' Samples (actual or dummy) of (1) Distribution . of materials re­ and sale of tobacco products. the various types of calendars on which (l) Appropriate staff members of the quested by a local 4-H Club or county the manufacturer wishes to use the 4-H Extension Service is limited to the Club name and emblem, including com­ Extension Service shall have the priv-* boundaries of the county within which plete specifications as to size, art work, ilege of passing at any time upon the the request originated. copy, color, paper stock, etc. general classification and character of (2) Distribution of materials re­ (iii) A statement on promotion, sales firms to whom calendars are sold. Cal­ quested by a State Extension Service is and distribution plans for the calendar endar manufacturers shall refrain from limited to the boundaries of the State bearing the 4-H Club name and emblem, selling and distributing calendars in any within which the request originated. including prices in various quantities, State where approval for sales and dis- 1068 RULES ANO REGULATIONS

tribution is not first given by the State Item (c) of section 1 of the policy tion and supporting information for Extension Director. shown in § 423.6 is amended to read as regulation during the period specified (m) Sales representatives shall con­ follows: “(c) planted for hay,”. herein was promptly submitted to the tact the State Extension Director or his (Secs. 506, 516, 52 Stat. 73-77, as amended; Department after such meeting was representative before conducting sales 7 U. S. C. 1506, 1516. Interpret or apply secs. held; the provisions of this section, in­ in that State, and shall contact the 507, 508, 509, 52 Stat. 73, 74, 75, as amended, cluding its effective time, are identical county Extension office before selling or 7 U. S, C. 1507, 1508, 1509) with the aforesaid recommendation of' distributing within a county. State or Adopted by the Board of Directors on the committee, and information con­ county staff members will advise with February 10, 1955. cerning such provisions and effective authorized company representatives rel­ time has been disseminated among ative to acceptable sales and distribution [ sea l] C. S . L aidlaw , handlers of such navel oranges; it is policies and plans in the State or county Secretary, necessary, in order to effectuate the de­ concerned. Federal Crop Insurance Corporation. clared policy of the act, to make this (n) To the extent practicable, the Approved: February 15, 1955. section effective during the period herein State Extension Director shall receive specified; and compliance with this sec­ an annual list of sponsors of calendars J . H . M cC o n n e l l , tion will not require any special prepara­ in his State, including the number pur­ Assistant Secretary. tion on the part of persons subject chased by each and the distribution by [F. R. Doc. 55-1456; Filed, Feb. 18, 1955; thereto which cannot be completed on or counties. 8:49 a. m.] before the effective date hereof. (o) Calendar manufacturers shall (b) Order. (1) The quantity of navel fully inform their promotional, educa­ oranges grown in Arizona and desig­ tional and sales representatives regard­ nated part of California which may be ing the organization, structure, objective Chapter IX— Agricultural Marketing handled during the period beginning at 12:01 a. m., P. s. t., February 20, 1955, and policies of the Cooperative. Exten­ ' Service (Marketing Agreements and sion Service of which the 4-H Club pro­ and ending at 12:01 a. m., P. s. t., Febru­ gram is a part, as they relate to carrying Orders), Department of Agriculture ary 27, 1955, is hereby fixed as follows: out the provisions of these regulations. [Navel Orange Reg. 48] (1) District 1: 161,700 boxes; (ii) District 2: 300,300 boxes; Special care must be exercised to avoid P art 914— N avel O ranges- G r o w n i n statements or implications which would (iii) District 3 : Unlimited movement; A rizona and D esignated P art o f C a li­ (iv) District 4: Unlimited movement. embarrass the Cooperative Extension fo rnia Service. No claims may be made of an (2) Navel oranges handled pursuant exclusive franchise or agency for 4-H LIMITATION OF HANDLING to the provisions of this section shall be calendars. § 914.348 Navel Orange Regulation subject to any size restrictions applicable thereto which have heretofore been is­ § 8.10 Mailing-lists and sales promo­ 48—(a) Findings. (1) Pursuant to the marketing agreement, as amended, and sued on the handling of such oranges tion by employees: The Extension Serv­ and which are effective during the period ice or its employees shall not make Order No. 14, as amended (7 CFR Part 914; 19 F. R. 2941), regulating the han­ specified herein. available mailing lists of 4-H Club (3) As used in this section, “handled,” leaders, members, or other cooperators. dling of navel oranges grown in Arizona and designated part of California, effec­ “boxes,” “District 1,” “District 2,” “Dis­ Extension Service employees may not trict 3,” and “District 4” shall have the engage in or promote the sale of tive September 22, 1953, under the ap­ same meaning as when used in said calendars. plicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended marketing agreement and It is to the benefit of the public that amended (7 U. S. C. 601 et seq.), and order. these regulations be made effective at upon the basis of the recommendation (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. the earliest practicable date. Accord­ and information submitted by the Navel 608c) ingly, pursuant to the provisions of sec­ Orange Administrative Committee, es­ Dated: February 18, 1955. tion 4 of the Administrative Procedure tablished under the said amended mar­ Act (60 Stat. 238), it is found upon good keting agreement and order, and upon [se a l ] S . R . S m it h , cause that notice and public procedure other available information, it is hereby Director, Fruit and Vegetable on these regulations are impracticable, found that the limitation of handling of Division, Agricultural Mar­ unnecessary, and contrary to the public such navel oranges, as hereinafter pro­ keting Service. interest, and good cause is found for vided, will tend to effectuate the declared [F. R. Doc. 55-1584; Filed, Feb. >4,8, 1955; making these regulations effective less policy of the act. 11:22 a. m.] than thirty days after publication. (2) It is hereby further found that it The foregoing regulations shall be is impracticable and contrary to the pub­ effective February 19, 1955. lic interest to give preliminary notice, engage in public rule-making procedure, [Tangerine Reg. 158] Done at Washington, D. C., this 15th and postpone the effective date of this P art 933—O ranges, G r a pe fr u it , and day of February 1955. section until 30 days after publication T ang erines G r o w n i n F lorida thereof in the F ederal R egister (60 Stat. [ seal] E zra T aft B e n s o n , LIMITATION OF SHIPMENTS Secretary of Agriculture. 237; 5 U. S. C. 1001 et seq.) because the time intervening between the date when § 933.724 Tangerine Regulation 158— [F. R. Doc. 55-1457; Filed, Feb. 18, 1955; information upon" which this section is (a) Findings. (1) Pursuant "to the mar­ 8:49 a. m.] based became available and the time keting agreement, as amended, and when this section must become effective Order No. 33, as amended (7 CFR Part in order to effectuate the declared policy 933), regulating the handling of of the act'is insufficient, and a rea­ oranges, grapefruit, and tangerines Chapter IV— Federal Crop Insurance sonable time is permitted, under the cir­ grown in the State of Florida, effective Corporation cumstances, for preparation for such under the applicable provisions of the [Am dt. 2] effective time; and good cause exists for Agricultural Marketing Agreement Act making the provisions hereof effective as of 1937, as amended (7 U. S. C. 601 et P art 423—-So y bea n C rop I n su rance hereinafter set forth. The Navel Orange seq.), and upon the basis of the recom­ SUBPART— REGULATIONS FOR THE 1955 AND Administrative Committee held an open mendations of the committees estab­ SUCCEEDING CROP YEARS meeting on February 17, 1955, after giv­ lished under the aforesaid amended ing due notice thereof, to consider sup­ marketing agreement and order, and The , above-identified regulations, as ply and market conditions for navel upon other available information, it is amended (19 F. R. 7473, 9365), are here­ oranges and the need for regulation; in­ hereby found that the limitation of by amended for all counties in Ohio, terested persons were afforded an op­ shipments of tangerines, as hereinafter effective beginning with the 1955 crop portunity to submit information and provided, will- tend to effectuate the de­ year, as follows; views at this meeting; the recommenda­ clared policy of the act. -- Saturday, February 19, 1955 FEDERAL REGISTER 1069

(2) It is hereby further found that i t ; Committee” shall have the same mean­ giving due notice of such meeting, and is impracticable and contrary to the ing as when used in said amended mar­ interested persons were afforded an op­ public interest to give preliminary no­ keting agreement and order; and the portunity to submit their views at this tice, engage in public rule-making pro­ terms “U. S. No. 2,” “U. S. No. 1 Russet,” meeting; the provisions of this section, cedure, and postpone the effective date “U. S. No. 1 Bronze,” “U. S. No. 1,” “U. S. including the effective time hereof, are of this section until 30 days after publi­ Fancy,” and “standard pack” shall have identical with the aforesaid recom­ cation thereof in the F ederal R egister the same meaning as when used in the mendation of the committee, and in­ (60 Stat. 237; 5 U. S. C. 1001 et seq.) be­ revised United States Standards for formation concerning such provisions cause the time intervening between the Florida Tangerines (§§ 51.1810 to 51.1836 and effective time has been disseminated date when information upon which this of this title). among handlers of such oranges; it is section is based became available and (Sec. 5, 49 Stat. 753, as amended; 7 U. S. O. necessary, in order to effectuate the the time when-this section must become 608c) declared policy of the act, to make this effective in order to effectuate the de­ section effective during the period here­ clared policy of the act is insufficient; Dated: February 16, 1955. inafter set forth so as to provide for the a reasonable time is permitted, under [ se a l ] S . R . S m it h , continued regulation of the handling of the circumstances, for preparation for Director, Fruit and Vegetable all oranges; and compliance with such effective time; and good cause exists Division, Agricultural Mar­ this section will not require any special for making the provisions of this section keting Service. preparation on the part of the persons effective not later than February 21, subject thereto which cannot be com­ 1955. Shipments of tangerines, grown [F. R. Doc. 55-1485; Filed, Feb. 18, 1955; pleted by the effective time of this sec­ in the State of Florida, are presently .. \ 8:55 a. m.] tion. subject to regulation by grades and (b) Order. (1)N During the period sizes, pursuant to the amended market­ beginning at 12:01 a. m., e. s. t., Febru­ ing agreement and order, and will so con­ [Orange Reg. 273] ary 21, 1955, and ending at 12:01 a. m., tinue until February 21, 1955; the rec- e. s. t., March 7, 1955, no handler shall ommendatibn and supporting informa­ P art 933—O ranges, G rapefruit, and ship: tion for continued regulation subsequent T ang erines G r o w n i n F lorida (1) Any oranges, including Temple to February 20, 1955, was promptly sub­ l im it a t io n o f s h ip m e n t s oranges, grown in the State of Florida, mitted to the Department after an open which do not grade at least U. S. No. 1 meeting of the Growers Administrative § 933.725' Orange Regulation 273—(a) Russet; Committee on February 15; such meet­ Findings. (1) Pursuant to the market­ (ii) Any oranges, except Temple or­ ing was held to consider recommenda­ ing agreement, as amended, and Order anges, grown in the State of Florida, tions for regulation, after giving due No. 33, as amended (7 CFR Part 933), which are of a size smaller than a size notice of such meeting, and interested regulating the handling of oranges, that will pack 288 ofanges, packed in persons were afforded an opportunity to grapefruit, and tangerines grown in the accordance with the requirements of a submit their views at this meeting; the State of Florida, effective under the ap­ standard pack, in a standard nailed provisions of this section, including the plicable provisions of the Agricultural box; or effective time hereof, are identical with Marketing Agreement Act of 1937, as (iii) Any oranges, except Temple or­ the aforesaid recommendation of the amended (7 U. S. C. 601 et seq.), and anges, grown in the State of Florida, committee, and information concerning upon the basis of the recommendations which are of a size larger than a size such provisions and effective time has of the committees established under the that will pack 150 oranges, packed in been disseminated among handlers of aforesaid amended marketing agreement accordance with the requirements of a such tangerines; it is necessary, in order and order, and upon other available in­ standard pack, in a standard nailed box. to effectuate the declared policy of the formation, .it is hereby found that the (2) As used in this section, the terms act, to make this section effective during limitation of shipments of all Florida “handler,” “ship,” and “Growers Admin­ the period hereinafter set forth so as to oranges, as hereinafter provided, will istrative Committee” shall each have the provide for the continued regulation of tend to effectuate the declared policy of same meaning as when used in said the handling of tangerines; and compli­ the act. amended marketing agreement and ance with this section will not require (2) It is hereby further found that it order; and the terms “U. S. No. 1 Rus­ any special preparation on the part of is impracticable and contrary to the pub­ set,” “standard pack,” and “standard persons subject thereto which cannot be lic interest to give preliminary notice, nailed box” shall have the same meaning completed on or before the effective time engage in public rule-making procedure, as when used in the revised United of this section. and postpone the effective date of this States Standards for Florida Oranges (b) Order. (1) During the period be­ section until 30 days after publication (§§ 51.1140 to 51.1186 of this title). ginning at 12:01 a. m., e. s. t., February thereof in the F ederal R egister (60 Stat. 21,1955, and ending at 12:01 a. m., e. s. t., 237; 5 U. S. C. 1001 et seq.) because the (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. March 7, 1955, no handler shall ship: time intervening between the date when 608c) (i) Any tangerines, grown in the State information upon which this section is Dated: February 16, 1955. of Florida, that do not grade at least based became available and the time [ se a l ]- S . R . S m it h , U. S. No. 2; when this section must become effective Director, Fruit and Vegetable (ii) Any tangerines, grown in the in order to effectuate the declared policy Division, Agricultural Mar­ State of Florida, which grade U. S. of the act is insufficient; a reasonable keting Service. No. 2, that are of a size smaller than time is permitted, under the circum­ the size that will pack 210 tangerines, stances, for preparation for such effec­ [F. R, Doc. 55-1484; Filed, Feb. 18, 1955; packed in accordance with the require­ tive time ; and good cause exists for mak­ 8:55 a. m.] ments of a standard pack, in a half­ ing the provisions of this section effective standard box (inside dimensions 9& x not later than February 21, 1955. Ship­ ments of all oranges, including Temple 9y2 x 19 Va inches, capacity 1,726 cubic [Grapefruit Reg. 218] inches); or oranges, grown in the State of Florida, Uii) Any tangerines,j grown in the are presently subject to regulation by P art 933—O ranges, G r a pefr u it, and State of Florida, which grade U. S. No. 1 grades and sizes, pursuant to the amend­ T a n g erin es G r o w n i n F lorida Russét, U. S. No. 1 Bronze, U. S. No! 1 or ed marketing agreement and order, and LIMITATION OF SHIPMENTS U. S. Fancy, that are of a size smaller will so continue until February 21, than the size that will pack 246 tange­ 1955; the recommendation and support­ § 933.726 Grapefruit Regulation 218— rines, packed in accordance with the re­ ing information for continued regula­ (a) Findings. (1) Pursuant to the mar­ quirements of a standard pack, in a half ­ tion subsequent to February 20,1955, was keting agreement, as amended, and standard box (inside dimensions 9% x promptly submitted to the Department Order No. 33, as amended (7 CFR Part 9% x 19 Vs inches, capacity 1,726 cubic after an open meeting of the Growers 933), regulating the handling of oranges, inches). Administrative Committee on February grapefruit, and tangerines grown in the t (2) As used in the section, “handler," 15; such meeting was held to consider State of Florida, effective under the ap­ “ship,” and “Growers Administrative recommendations for regulation, after plicable provisions of the Agricultural 1070 RULES AND REGULATIONS Marketing Agreement Act of 1937, as (iv) Any white seeded grapefruit, hereinafter provided, will tend to effectu­ amended <7 U. S. C. 601 et seq.), and grown in the State of Florida, which are ate the declared policy of the act. upon the basis of the recommendations of a size smaller than a size that will (Z) It is hereby further found that of the committees established under the pack 70 grapefruit, packed in accord­ it is impracticable and contrary to the aforesaid amended marketing agreement ance with the requirements of a stand­ public interest to give preliminary no­ and order, and upon other available in­ ard pack, in a standard nailed box; tice, engage in public rule-making pro­ formation, it is hereby found that the (v) Any pink seeded grapefruit, grown cedure, and postpone the effective date limitation of shipments of grapefruit, as in the State of Florida, which are of a of this section until 30 days after pub­ hereinafter provided, will tend to effectu­ size smaller than a size that will pack lication thereof in the F ederal R egister ate the declared policy of the act. 80 grapefruit, packed in accordance with (60 Stat. 237; 5 U. S. C. 1001 et seq.) (2) It is hereby further found that itthe requirements of a standard pack, because the time intervening between is impracticable and contrary to the in a standard nailed box; the date when information upon which public interest to give preliminary notice, (vi) Any seedless grapefruit, grown this section is based became available engage in public rule making procedure, in the State of Florida, which are of a and .the time when this section must be­ and postpone the effective date of this size smaller than a size that will pack come effective in order to effectuate the section until 30 days after publication 96 grapefruit, packed in accordance with declared policy of the act is insufficient, thereof in the F ederal R egister (60 Stat. the requirements of a standard pack, in and a reasonable time is permitted, 237; 5 Ü. S. C. 1001 et seq.) because the a standard nailed box; or under the circumstances, for prepara­ time intervening between the date when (vii) Any white seedless grapefruit, tion for such effective time; and good information upon which this section is grown in “Regulation Area 1,” that cause exists for making the provisions based became available and the time grade U. S. No. 2 Bright, U. S. No. 2 or hereof effective as hereinafter set forth. when this section must become effective U. S. No. 2 Russet, which are of a size Shipments of lemons, grown in the State in order to effectuate the declared policy larger than a size that will pack 64 of California or in the State of Arizona, of the act ,is insufficient; a reasonable grapefruit, packed in accordance with are currently subject to regulation pur­ time is permitted, under the circum­ the requirements of a standard pack, in suant to said amended marketing agree­ stances, for preparation for such effec­ a standard nailed box. ment and order; the recommendation tive time; and good cause exists for (2) As used in this section, “handler,” and supporting information for regula­ making the provisions of this section “ship,” “Growers Administrative Com­ tion during the period specified herein effective not later than February 21,1955. mittee” and “Regulation Area I,” shall was promptly submitted to the Depart­ Shipments of grapefruit, grown in the have the same meaning as when used ment after an open meeting of the State of Florida, are presently subject in said amended marketing agreement Lemon Administrative Committee on to regulation by grades and sizes, pur­ and order; and the terms “U. S. No. 1 February 16, 1955, such meeting was suant to the amended marketing agree­ Russet,” “U. S. No. 2 Bright,” “U. S. No. held, after giving due notice thereof to ment and order, and will so continue 2,” “U. S. No. 2 Russet,” “standard pack,” consider recommendations for regula­ until February 21, 1955; the recommen­ and “standard nailed box” shall have tion, and interested persons were af­ dation and supporting information for the same meaning as when used in the forded an opportunity to submit their continued regulation subsequent to Feb­ revised United States Standards for views at this meeting; the provisions of ruary 20, 1955, was promptly submitted Florida Grapefruit (§§ 51.750-51.790 of this section, including its effective time, to the Department after an open meeting this title). are identical with the aforesaid recom­ of the Growers Administrative Commit­ mendation of the committee, and infor­ tee on February 15; such meeting was (Sec. 5, 49 Stat. 753, as amended; 7 U. S. O. mation concerning such provisions and held to consider recommendations for 608c) effective time has been disseminated regulation, after giving due notice of Dated: February 16, 1955. among handlers of such lemons; it is such meeting, and interested persons necessary, in order to effectuate the de­ were afforded an opportunity to submit [ seal] S. R . S m ith, clared policy of the act, to make this their views at this meeting; the provi­ Director, Fruit and Vegetable section effective during the period here­ sions of this section, including the ef­ Divisiont Agricultural Mar­ inafter specified; and compliance with fective time hereof, are identical with keting Service. this section will not require any special the aforesaid recommendation of the [F. R. Doc. 55-1483; Filed, Feb. 18, 1955; preparation on the part of persons sub­ committee, and information concerning 8:54 a. m.] ject thereto which cannot be completed such provisions and effective time has by the effective time thereof. been disseminated among handlers of (b) Order. (1) The quantity of lemons such grapefruit; it is necessary, in order grown in the State of California or in to effectuate the declared policy of the [Lem on Reg. 577J the State of Arizona which may be act, to make this section effective during P art 953—L emons G row n in California handled during the period beginning at the period hereinafter set forth so as to and A rizona 12:01 a. m., P. s. t., February 20, 1955, provide for the continued regulation of and ending at 12:01 a. m., P. s. t., Febru­ the handling of grapefruit; and com­ limitations of sh ipm ents ary 27, 1955, is hereby fixed as follows: pliance with this section will not require § 953.684 Lemon Regulation 577—(a) (1) District 1: 15 carloads; any special preparation on the part of Findings. (1) Pursuant to the market­ (ii) District 2: 210 carloads; persons subject thereto which cannot be ing agreement, as amended, and Order (iii) District 3: Unlimited movement. completed by the effective time of this No. 53, as amended (7 CFR Part 953; (2) As used in this section, “handled,” section. 19 F. R. 7175), regulating the handling “carloads,” “District 1,” “District 2,” and (b) Order. (1) During the period of lemons grown in the State of Califor­ “District 3” shall have the same meaning beginning at 12:01 a. m., e. s. t., February nia or in the State of Arizona, effective as when used in the said amended mar­ 21,1955, and ending at 12:01 a. m., e. s. t., under the applicable provisions of the keting agreement and order. March 7, 1955, no handler shall ship: Agricultural Marketing Agreement Act (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. (i) Any white seeded grapefruit, of 1937, as amended (7 U. S. C. 601 et 608c) grown in the State of Florida, which do seq.), and upon the basis of the recom­ not grade at least U. S. No. 1 Russet; mendation and information submitted Dated: February 17, 1955. (ii) Any pink seeded grapefruit, grown by the Lemon Administrative Committee, [ seal] S . R . S m ith , in the State of Florida, which do not established under the said amended mar­ Director, Fruit and Vegetable grade at least U. S. No. 2; keting agreement and order, and upon Division* Agricultural Mar­ (iii) Any seedless grapefruit, grown in other available information, it is hereby keting Service. the State of Florida, which do not grade found that the limitation of the quantity [F. R. Doc. 55-1552; Filed, Feb. 18, 1955; at least U. S. No. 2 Russet; of such lemons which may be handled, as 8:51 a. m.l Saturday, February 19, 1955 FEDERAL REGISTER 1071

TITLE 6— AGRICULTURAL CREDIT amended (21 U. S. C. 123, 125), sections (5) All of Burlington County except the 1 and 2 of the act of February 2, 1903, follow in g: (i) Delran, Washington, Shamong, Taber­ Chapter III— Farmers Home Adminrs* as amended (21 U. S. C. 111-113, 120), nacle, Chesterfield, Medford, and Bass River tration, Department of Agriculture and section 7 of the act of May 29, 1884, Townships; as amended (21 U. S. C. 117), § 76.27, [Administration Letter 376 (448) ] (ii) That part of North Hanover Town­ as amended, Subpart B, Part 76, Title 9, ship lying south of Old Monmouth Road; P ari 384—S pecial L ivestock Loans Code of Federal Regulations (19 F. R. an d - 8772, 20 F. R. 176, 437, 799), which con­ (iii) That part of South Hampton Town­ ELIGIBILITY REQUIREMENTS FOR FEEDERS OF tains a notice with respect to the States ship lying south and west of the Retreat- LIVESTOCK in which swine are affected with vesicu­ Burrs Mill Road, north of State Route No. 70, and east of the Big Hill Road. Part 384',Title 6, Code of Federal Reg­ lar exanthema, a contagious, infectious, ***** ulations (18 F. R. 4944, 19 F. R. 4105) and communicable disease, and which (11) All of Camden County except the is amended to add § 384.2a, prescribing quarantines certain areas in such States follow ing: certain limitations with respect to the because of said disease, is hereby further (i) That part of Gloucester Township lys­ making of loans to feeders of livestock. amended in the following respects:* ing south of Evesham Avenue, east of Texas The new § 384.2a reads as follows: 1. Subparagraphs (2) and (18)', of Run, and north of Somerdale Creek; and (ii) That part of Berlin Boro lying east § 384.2a Eligibility requirements for paragraph (a), relating to California, are' deleted. of County" Route No. 561, south of U. S. feeders of livestock. The primary pur­ Route No. 30, and west of Taunton Road. pose of the special livestock loan pro­ 2. Subparagraphs ( l) /( 7 ) , (8), (12), gram is to assist established livestock (17), (19), and (21), of paragraph (a), Effective date. The foregoing amend­ operators to maintain their productive relating to California, are amended to ment shall become effective upon issu­ livestock herds. Special livestock loans read: ance. will be restricted to livestock producers, (1) NE. 1/4 Sec. 1, T. 3 S., R. 2 W., MDBM; The amendment includes the follow­ including those who may run a limited Sec. 22, T. 5 S., R. 1 W., MDBM; $JE. % ing areas in California within the areas number of purchased feeders each year. Sec. 25, T. 3 S.,' R. '3 W., MDBM; E. % Sec. quarantined because of vesicular ex­ 13, T. 3 S., R. 3 W., MDBM; and NE. % anthema: Loans will not be made to finance strictly Sec. 20, T. 3 S., R. 2 E., MDBM, in Alameda feeding operations. However, loans may County. NW. % Sec. 28, T. 4 S., R. 6 W., MDBM, in be made to finance feeding operations, San Mateo County; and that part of Rancho other than commercial feed lot opera­ Petaluma Grant lying south and east of (7) NE. % Sec. 22, T. 8 N., R. 11 W., SBBM; State Highway No. 37, west of Maffei Lane, tions, in those cases in which otherwise SE. % Sec. 28, SW. % Sec. 27, NE. % Sec. and north of Wayne Road, in Sonoma eligible applicants are able to provide 23, and NW. % Sec. 34, T. 5 N., R. 15 W., County, in California. with their own resources the land neces­ SBBM; and that part of the City of Domin­ sary for providing adequate grazing and guez included within a boundary beginning Hereafter, the restrictions pertaining to who produce substantially all of the feed y 2 mile south of the intersection of Alameda the interstate movement of swine, and required to carry the feeders to the fin­ and Artesia Streets, thence west % mile, carcasses, parts and offal of swine, from ishing stage. In addition, because of thence south % mile, thence east % mile, or through quarantined areas, contained and thence north to point of beginning, in in 9 CFR, 1953 Supp., Part 76, Subpart B, the speculative nature of feeding opera­ Los Angeles County. tions, the planned operations must show (8) That part of Sec. 27, T. 1 N., R. 7 W., as amended, will apply to such areas. an estimated net income which would MDBM, lying west of Panoramic Highway; The amendment also excludes certain make them sound for the borrower and and Secs. 11, 12, 13, and 14, T. 1 N., R. 6 W., areas in California and New Jersey from safe for the Government. In such cases, MDBM, in Marin County. the areas heretofore quarantined be­ the special livestock loan would provide * * * * * cause of vesicular exanthema. Here­ only the funds required to purchase (12) Secs. 3 and 10, T. 7 S., R. 23 E., SBBM, after, the restrictions pertaining to the feeders and for operating expenses other in Riverside County. interstate movement of swine, and car­ than to pay rent or to make substantial • * * * * casses, parts and offal of swine, from or feed purchases to carry the feeders to (17) SW. % Sec. 7, T. 3 S., R. 5 W., MDBM; through quarantined areas, contained in the finishing stage. Such loans may in­ SW. % Sec. 12, T. 3 S., R. 6 W., MDBM; SW. 9 CFR, 1953 Supp., Part 76, Subpart B, clude funds for the finishing process of % Sec. 11, T. 3 S., R. 6 N., MDBM; NE. % as amended, will not apply to such areas. feeding out cattle in lots only in con­ Sec. 26, T. 3 S., R. 6 W-, MDBM; and NW. % However, the restrictions pertaining to Sec. 28, T. 4 S., R. 6 W., MDBM, in San Mateo such movement from non-quarantined nection with feeders carried by the ap­ C ounty. plicant during the preceding - grazing * * * • • areas, contained in said Subpart B, as amended, will apply thereto. season and then only when it has been (19) NE. 1 4 Sec. 22, T. 6 S„ R. 1 W., MDBM; the applicant’s practice to finish out his NW. % Sec. 15, T. 6 S., R. 2 W., MDBM; and The amendment imposes certain fur­ feeders for the market. SE. % of T. 5 S., R. 1 W., MDBM, in Santa ther restrictions necessary to prevent the spread of vesicular exanthema, and (R. S. 161; 5 U. S. C. 22. Interprets or applies Clara Gounty. sec. 2 ( c ) , 67 S tat. 149; 12 U. S. C. 1148a-2 ( c ) ) • * * * * relieves certain restrictions presently (21) That part of Rancho Aqua Calente imposed. It must be made effective im­ Dated this 15th day of February 1955. Grant lying south and east of Arnold Drive, mediately to accomplish its purpose in west of State Highway No. 12, and north of [seal] R. B. M cLeaish, the public interest and to be of maximum Administrator. Madrone Road; and that part of Rancho benefit to persons subject to the restric­ Petaluma Grant lying south and east of tions which are relieved. Accordingly, [F. R. Doc. 55-1455; Piled, Feb. 18, 1955; State Highway No. 37, west of Maffei Lane, 8:48 a. m.] > and north of Wayne Road, in Sonoma under 'section 4 of the Administrative COunty. * Procedure Act (5 U. S. C. 1003), it is found upon good cause that notice and TITLE 9— ANIMALS AND 3. Subparagraphs (2), (5), and (11), other public procedure with respect to of paragraph (d), relating to New Jersey, the amendment are impracticable and ANIMAL PRODUCTS are amended to read: contrary to the public interest, and good Chapter I— Agricultural Research (2) All of Middlesex County except the cause is found for making the amend­ Service, Department of Agriculture follow ing: ment effective less than 30 days after (i) That part of the City of New Bruns­ publication in the F ederal R egister. Subchapter C— Interstate Transportation of wick lying east of U. S. Route No. 130, south (Sec. 2, 32 Stat. 792, as amended; 21 TJ. S. C. Animals and Poultry of State Route No. 18, west of U. S. Route No. 1, and north of the North Brunswick 111. Interprets or applies secs. 4, 5, 23 Stat. [B. A. I. Order 383, Revised, Am dt. 46] Township line; 32, sec. 1, 32 Stat. 791; 21 U. S. C. 120) Part 76— H og Cholera, S w in e P lague, (ii) That part of North Brunswick Town­ Done at Washington, D. C., this 16th and Other Communicable S w in e ship lying south of the New Brunswick City day of February 1955. Diseases line, northeast of the Raritan River Rail­ road, and northwest of U. S. Route No. 1; and [seal] M . R. Clarkson, Subpart B— V esicular Exanthema (iii) That part of Parsippany Township Acting Administrator, CHANGES IN AREAS QUARANTINED lying east of the Raritan River, north of Agricultural Research Service. Landing Road, and west of State Route No. Pursuant to the provisions of sections 18. [F. R. Doc. 55-1486; Filed,. Feb. 18, 1955; * and 3 of the act of March 3, 1905, as , • • 8:55 a. m.] 1072 RULES AND REGULATIONS

TITLE 43— PUBLIC LANDS: is under $10, the collector may close the (b) It will be noted that the amend­ case without the payment of any amount ment in no way alters the provisions for INTERIOR if in his opinion the facts so warrant. education or training benefits for those Chapter I—-Bureau of Land Manage­ (Secs. 623, 624, 46 Stat. 759, as amended; veterans who completed their service 19 U. S. C. 1623, 1624) prior to January 31, 1955 and who did ment, Department of the Interior not subsequently re-enter active service [seal] R alph K elly, Appendix C— Public Land Orders in the Armed Forces. Neither does this Commissioner of Customs. [Public Land Order 1071] amendment confer any entitlement to Approved: February 14, 1955. education or training benefits under A laska H. Chapman R ose, Public Law 550, supra, as to persons who WITHDRAWING LANDS FOR USE OF ALASKA Acting Secretary of the Treasury. enter or have entered active service in the Armed Forces after January 31,1955. ROAD COMMISSION AS DOCK AND WHARF [F. R. Doc. 55-1468; Filed, Feb. 18, 1955; SITE; PARTIALLY REVOKING PUBLIC LAND 8:52 a. m.] (Instruction 1, Public Law 7, 84th “ORDER NO. 486 OF JUNE 15, 1948 Congress.) By virtue of the authority vested in (Sec. 2, 46 Stat. 1016, sec. 7, 48 Stat. 9, sec. 2, TITLE 38— PENSIONS, BONUSES, 57 Stat. 43, as amended, sec. 400, 58 Stat. 287, the President and pursuant to Executive as amended; 38 U. S. C. 11a, 701, 707, ch. 12 Order No. 10355 of May 26, 1952, it is AND VETERANS’ RELIEF note. Interpret or apply secs. 3, 4, 57 Stat. ordered as follows: - 43, as amended, secs. 300, 1500-1504, 1506, Subject to valid existing rights, the Chapter I— Veterans’ Administration 1507, 58 Stat. 286, 300, as amended, sec. 261, following-described public land in Alaska P art 21—V ocational R ehabilitation and 66 Stat. 663; 38 U. S. C. 693g, 697-697d, 697f, is hereby withdrawn from all forms of E ducation g, 971, ch. 12 note) appropriation under the public-land ENTITLEMENT TO EDUCATION OR TRAINING This regulation is effective February laws, including the mining and mineral­ 15, 1955. leasing laws, and reserved for use of the BENEFITS BASED UPON * ACTIVE SERVICE Alaska Road Commission as a dock and OCCURRING IN ARMED FORCES AFTER JANU­ [ seal] J. c. P almer, wharf site: ARY 31, 1955 Assistant Deputy Administrator. Seward Meridian A new § 21.2901 is added as follows: [F. R. Doc. 55-1481; Filed, Feb. 18, l£,„j; T. 7 S., R. 13 W., § 2L2901 Entitlement to education 8:54 a. m.] Sec. 1, Lot 22. or training benefits under the provisions of Title II, Public Law 550, 82d Congress, The area described contains 0.92 acre. TITLE 14— CIVIL AVIATION Public Land Order No. 486 of June 15, as amended, based upon active service 1948 withdrawing lands in aid of con­ occurring in the Armed Forces after the Chapter II— Civil Aeronautics Admin­ templated legislation is hereby revoked date January 31, 1955. (a) The effect istration, Department of Commerce so far as it affects the above-described of Public Law 7, 84th Congress is two­ land. fold: [Arndt. 103] O rme L ewI s , (1) The amendment to Public Law P art 608—R estricted A reas Assistant Secretary of the Interior. 550, 82d Congress, permits a person on active duty in the Armed Forces on Jan­ oswego, n . y .; alteration F ebruary 15, 1955. uary 31, 1955, to accrue entitlement to The restricted area alteration appear­ [P. R. Doc. 55-1487; Filed, Feb. 18, 1955; education or training benefits until the ing hereinafter has been coordinated 8:55 a. m.] date of his first discharge or release from with the civil operators involved, the such service occurring after January 31, Army, the Navy, and the Air Force, TITLE 19— CUSTOMS DUTIES 1955, provided the duration of such serv­ through the Air Coordinating Committee, ice is for 90 days or more and the dis­ Airspace Subcommittee, and is adopted Chapter I— Bureau of Customs, charge therefrom occurs under condi­ to become effective when indicated in Department of the Treasury tions other than dishonorable. Entitle­ order to promote safety of the flying ment will accrue at the rate specified in, public. Since a military function of the [T. D. 53733] and subject to the limitations carried United States is involved, compliance P art 25— Customs B onds in the applicable provisions of Public with the notice, procedure, and effective Law 550, 82d Congress. date provisions of section 4 of the Ad­ ACTION ON APPLICATIONS OF BONDED (2) The amendment also extends the ministrative Procedure Act is not re­ CARRIERS IN CERTAIN CASES terminal date for education or training quired. In order that collectors of customs benefits for persons who were in the Part 608 is amended as follows: may act in certain cases upon applica­ active service in the Armed Forces on In § 608.40, Oswego, New York, area tions of bonded carriers for relief from January 31, 1955, to a date 8 years fol­ (R-70 formerly D-70), published on liquidated damages assessed under § 18.8 lowing such person’s first discharge or March 17, 1950, in 15 F. R. 1510 and (b) of the customs regulations, § 25.17 release from such active service after amended on September 26, 1950, in 15 is hereby amended as follows: January 31, 1955, or the date of January F. R. 6472 and on February 4, 1955, in 1. Paragraph (g) is redesignated para­ 31, 1965, whichever is earlier. 20 F. R. 758 is redesignated as follows: graph (h). 2. New paragraph (g) is added, read­ Name and loca­ Description by geographical coor­ Designated Time of designa­ ing as follows: tion (chart) dinates altitudes tion Using agency (g) Where liquidated damages have SWEGO (R-70) Beginning at latitude 43°37'00", Surface to un­ Daylight hours, 7 First AF, Mitchell been assessed under § 18.8 (b) of this (Albany). longitude 78°00'00"; thence to limited. days a week AFB, N. Y. chapter against a carrier for releasing, latitude 43°24'00", longitude 78° (weather condi­ (jointly used by OO'OO"; thence to latitude 43°24' tions to be bet­ AF, Army and without the required customs super­ 00", longitude 76°45'00"; thence ter than VFR as Navy). vision, bonded merchandise destined for to latitude 43°30'00", longitude operations will 76°25'00"; thence to latitude 43° not be con­ exportation, and the carrier submits 34'00", longitude 76°23'00"; ducted through documentary evidence satisfactory to thence to latitude 43°45'00" longi­ or above an tude 76° 23'00"; thence to latitude overcast). the collector, such as a foreign landing 43°45'00", longitude 76°30'00"; certificate, that the merchandise was thence to latitude 43°37'00", lon­ actually exported, and if the evidence gitude 76°45'00"; thence to lati­ tude 43°37'00", longitude 78°00' also shows that the failure to export the 00"; the point of beginning. merchandise under customs supervision was not for the purpose of evading the (Sec. 205, 52 Stat. 984, as amended; 49 U. S. O. 425. Interprets or applies sec. 601, 52 Stat. requirements of any law or regulation, 1007, as amended; 49 U. S. C. 551) the collector may cancel such liquidated This amendment shall become effective on February 25, 1955. damages upon the payment of an amount ;[seal] F. B. L e e , equal to 10 percent thereof or $25, Administrator of. Civil Aeronautics. whichever is lower, or, if such amount [F. R. Doc. 55-1441; Filed, Feb. 18, 1955; 8:45 a. m.] audy Fbur 1, 1955 19, February Saturday, [Arndt. 130]

P art 609—S tandard I n s t r u m e n t A ppr o a c h P roced ures PROCEDURE ALTERATIONS The standard instrument approach procedure alterations appearing hereinafter are adopted to become effective when indicated in order to promote safety. Compliance with the notice, procedures, and effective date provisions of section 4 of the Administrative Procedure Act would be impracticable and contrary to the public interest, and therefore is not required. Part 609 is amended as follows: Note: Where the general classification (LFR, VAR, ADP, ILS, GCA, or VOR), location, and procedure number (if any) of any procedure in the amendments which follow, are Identical with an existing procedure, that procedure is to be substituted for the existing one, as of the effective date given, to the extent that it differs from the existing procedure; where a procedure is canceled, the existing procedure is revoked; new procedures are to be placed in appropriate alphabetical sequence within the section amended. 1. The low frequency range procedures prescribed in "§ 609.6 are amended to read in part: LFR Standard Instrument Approach P rocedure Bearings, headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. If an LFR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, 1073 unless an approach is conducted in accordance with a FEDERALdifferent REGISTER procedure authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below.

Ceiling and visibility minimums Minimum Procedure turn (—) side of City and State: airport name, altitúde over Course and If visual contact not established at author­ Course Minimum final ap p ro ach course facility on distance, Type aircraft ized landing minimums after passing elevation; facility: class and Initial approach to facility and dis- altitude (outbound and inbound); identification; procedure No.; from— final approach facility to facility within distance specified, or if tance (ft.) altitudes; limiting dis­ course (ft.) airport Condition landing not accomplished effective date tances 75 m. p. h. More than or less 75 m. p. h.

1 . 2 3 4 6 6 7 8 9 10 11 '

KENAI, ALASKA. N side of NE course: 800 W r-h : 2 engines or le.3S Within 1.1 miles, climb to 1,400' on SW Kenai Airport, 03'. 004° outbound. T-dn 300-1 300-1 course (184°) within 25 miles. BMRLZ-VPDT ENA. 184° inbound. O-dn 600-1 500-lM N ote: This procedure not authorized for Procedure No; 1 1,400' within 10 miles; S-dn ADF approach. Amendment MS. 18 500-1 Ö00-1H - Effective date: March 26,»1055. A-dn 800-2 800-2 Supersedes Amendment No. M4 dated April 26,1054. Mo •e than 2 eng nes T-dn 2 0 0 4 $ Major changes: New format. C-dn 500-1 S-dn 18 500-1J$ A-dn 800-2

SAN ANTONIO, TEX. PROCEDURE CANCELED MARCH 1, T055. (THIS CANCELLATION DOES NOT AFFECT THE MILITARY PROCEDURES IN THE PILOT’S HANDBOOK.) Kelly Air Force Base, 676'. SKF-LFR. Procedure No. 1. September 15,1050. Major changes: Superseded by special procedure mot pub­ lished).

SPOKANE, WASH. 254—15.0 4,700 E side S course: 4,200 293—4.0 2 engines or le ss Within 4.9 miles, execute climbing right Geiger Field, 2,372'. 180° outbound. T-dn 300-1 300-1 turn, climb to 4,500' on N course, all turns SBRAZ-DTV GEG. Pine City FM or Pine City 360—24.0 4,200 360° inbound. O-dn 900-1 900-1 on W side, within 25 miles of GEG-LFR. Procedure No. 1. “H” (final). 4,700' within 10 miles. A-dn 1,000-2 1,000-2 Alternate missed approach—When di­ Effective: March 26,1055. rected by ATC, execute climbing left Amendment No. 11. GEG-VOR...... 066—8.0 4,700 Moie than 2 eng nes turn, climb to 4,000' on W course, all turns Supersedes Amendment No. 200-}$ on S side within 25 miles of GÉG-LFR. 10 dated June 25,1054. GEG-LOM...... 068—8.0 4,7)0 C-dn eoo-i)$ Caution: Fairchild Air Force Base 3# Major changes: New format. A-dn 1,000-2 miles W; radio tower 3,188' 6)4 miles E of Eliminate approach involv RODNA Intersection..----- 023—21.0 4,200 airport. tag COE-LFR; minor course corrections: omit un­ necessary caution notes 2. The very high frequency omnirange procedures prescribed in § 609.9 (a) are amended to taad in part: 1074

VOR Standard I nstrument Approach P rocedure Bearings, headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. If a VOR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure authorized by the Administrator forCivil Aeronautics for such airport. Initial approaches shall be made over specified routes. M inimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below.

Ceiling and visibility minimums Procedure turn (—) side of Minimum City and State; airport name, Course Minimum final approach course altitude Course and If visual contact not established at author­ elevation; facility; class and Initial approach to facility over facility distance, Type aircraft ized landing minimums after passing fa­ identification; procedure No.; from— and altitude (outbound and inbound); distance (ft.) altitudes; limiting dis­ on final facility to cility within distance specified, or If land­ effective date tances approach airport Condition ing not accomplished course (ft.) 75 m. p. h. More than or less 75 m. p. h.

2 3 4

SPOKANE, WASH. Rockford FM______252—23. 0 4,700 S side of course: 3,700. 026—5.1 2 engines or less Within 5.1 miles, execute climbing left turn Geiger Field, 2,372'. 206° outbound. T-dn 300-1 300-1 to intercept and climb to 4,500' on the BVOR-GEG. GEG EFR .... 247— 8.0 4,000 026° inbound. C-d 500-1 500-1 360° outbound course from GEG VOR, Procedure No. 1. 4,000' within 15 miles o. C-n 600-1 600-1 within 25 miles—all turns on W side. Amendment No. 4. . GEG LOM...... 225— 0.6 4,000 GEG VOR. 8-dn 400-1 400-1 Alternate missed approach—when di­ Effective: March 26,1955. Not authorized beyond 15 Runway 2 rected by ATO, execute climbing left Supersedes Amendment No. 3 Pine City FM/H______339- 22.0 4,100 miles. A-dn 800-2 800-2 turn to intercept and climb to 4,500' on dated October 16,1953. . the 300° outbound course from GE G VOR Major changes: New format. Harrington FM to Intersec 099—18. 0 4,000 More than 2 eng l: within 25 miles, all turns on W side; or Correct inbound course In­ tion 206° course from GEG T-dn 200-¿¿ execute climbing left turn, climb to 4,000', tersection of 206° course from VOR and 279° course C-d 500-1)3 proceed direct to the GtEG VOR and REGULATIONS AND RULES GEG VOR and 279° course from Pine City “H”. C-n 600-1)3 I hold on the E side of the 206° outbound- from Pine City “H” to GE G S-dn 400-1 026° inbound course at 4,000' within 15 VOR. (final) add Rodna Pine City “H” to Intersec­ 323—20.0 4,100 Runway 2 miles of GEG VOR. . Intersection to GEG VOR; tion 206° course from GE G A-dn 800-2 minor course and distance VOR and 323° course corrections. from Pine City “H.” Intersection of 206° course 026—20.0 4,000 from GE G VO R and 279° course from Pine City “H” to GE G VO R (final). Rodna Intersection to GE G 004—19.0 4,000 VOR.

These procedures shall become effective on the dates indicated in Column 1 of the procedures. iSec. 205,52 Stat. 984, as am ended; 49 U. S. C. 425. Interpret or apply sec. 601, 52 Stat. 1007, as amended; 49 U. S. C. 551) [SEAL] F. B. Lee, Administrator of Civil Aeronautics, [F. R. Doc. 55-1489; Filed, Feb. 18, 1955; 8:51 a. m.] Saturday, February 19, 1955 FEDERAIT REGISTER 1075 PROPOSED RULE MAKING

POST OFFICE DEPARTMENT § 58.4 Mailing—(a) Payment of fees dorsing the certified letters, or you may and postage. A certified mail stamp is have your envelopes overprinted with [ 39 CFR Part 58 1 available for the fee. However, the fee the endorsement. The endorsement and postage may be paid by ordinary must be a facsimile or proportionate en­ C er tified M ail postage stamps, meter stamps, or by per­ largement of the official endorsement NOTICE OF PROPOSED RULE MAKING mit imprints. shown in § 58.1.' Following are instruc­ The Post Office Department proposes (b) Where to mail. You may mail tions for use of the forms: to place in effect the following amend­ certified mail at the post office, branch (1) Insert the word “Certified” in the ment to Chapter I of Title 39, Code of or station, or give it to a rural carrier. space provided at the top of the form. Federal Regulations, which will incor­ It may also be deposited in mail drops in (2) The mailer must endorse and porate in a new Part 58 thereof, regula­ post offices or in street letter boxes, pro­ number the letters. If return receipt or tions relating to certified mail. vided you follow specific directions in special delivery services are requested, The Postmaster General desires to af­ paragraph (c) of this section. mark the letters “Return Receipt Re­ ford patrons of the Postal Service an (c) How to mail. Obtain blank certi­ quested,” “Return Receipt Requested opportunity to present written data, fied mail coupons (no charge) at your Showing Address Where Delivered,” or views, or arguments for consideration by post office or from your rural mail car­ “Special Delivery.” ' Prepare and attach the Post Office Department prior to rier. Also obtain blank return receipt return receipt to the back of the en­ making the proposed regulations effec­ forms if needed. Following is the velopes with the receipt side showing. tive. procedure: (3) Show on the bill the number of Written data, views, or arguments (1) Enter on the receipt portion of the each article and the name and address’ may be submitted to N. R. Abrams, As­ certified mail coupon the name and of addressee. sistant Postmaster General, Bureau of complete address of the person or firm to (4) Enter only the amount of fees whom the mail is addressed. If return paid for return receipts. Post Office Operations, Post Office De­ receipt service is wanted, check block on (5) Affix necessary postage to the ar­ partment, Washington 25, D. C., prior the receipt to show the fee. (See § 58.3.) ticles. to March 21, 1955. (2) If return receipt is wanted, enter (6) -The accepting employee will count [seal] A be M cG regor G o f f , the certified mail number on the return the items, receipt the bill for 'the total The Solicitor. receipt card, address it to yourself and number, and return the bill to you. Chapter I of Title 39, Code of Federal attach it to the back of the envelope. § 58.5 Delivery—(a) Procedure. Mail Regulations, as amended (19 F. R. 7765), If you desire the return receipt to show for delivery by carriers is taken out on is further amended by the addition of a the address where the letter was de­ the first trip after it is received, unless new Part 58, to read as follows: livered, there is a block at the top of the the addressee has requested the post­ form which must be checked by you. Sec. I - ~ . . master to hold his mail at the post (3) Be sure to attach to the envelope office. The mail will be delivered to the 53.1 D escription. sufficient postage stamps to pay for the 58.2 Class of m ail to w hich applicable. addressee or his authorized representa­ certified mail fee, first-class postage, 58.3 Pees. return receipt fee, or special delivery fee. tive after the delivery receipt is obtained 58.4 M ailing. by the postal employee. Delivery rules 58.5 Delivery. (4) If you want a postmarked sender’s 58.6 Inquiry. receipt, attach the certified mail sticker are the same as for registered mail. (See § 51.7 (b).) authority: §§ 58.1 to 58.6 issued under to the letter and present the letter and R. S. 161, 388, 396, secs. 304, 309, 42 Stat. 24, the completed coupon to the postal em­ (b) Notice of arrival. The carrier 25, sec. 12, 65 Stat. 676; 5 U. S. C. 22, 361, 369, ployee. If given to a rural carrier he will leave a notice of arrival if he cannot 39 U. S. C. 246f. will bring the postmarked receipt back deliver the certified letter for any rea­ § 58.1 Description. Certified mail to you. son. The letter will be brought back to service provides for a receipt to the (5) If you do not want a postmarked the post office and held for you. If the sender and a record of delivery at the receipt, attach the Certified Mail sticker letter is not called for or its redelivery office of address. No record is kept at to the address side of the envelope di­ requested, it will be returned at the ex- the office at which mailed.^ It is han­ rectly above the address, detach your pirationjof the period stated by the sen­ dled in the ordinary mails and no insur­ receipt, and deposit the letter in the mail der, or after 15 days, if no period is ance coverage is provided. The mail box. Mark your receipt to show the date. stated. will be endorsed in the following manner: RECEIPT FOR CERTI F i n n M A T T , No. 286539 CERTIFIED , MAIL (Name and complete address) No. 286539 To ...... Postmark § 58.2 Class of mail to which appli­ or j Return receipt (Check one) cable. Only first-class letter mail having date no value will be accepted as certified I 7t 1 I Sit mail. This does not exclude articles of 1 a nonnegotiable character and other SAVE THIS RECEIPT By matter which would involve a cost of Present it if you make inquiry duplication if lost or destroyed. The POD Form 3800 (See other side) mail may be sent by air on payment of January 1955 the required postage. Return receipt service requested at the time of mailing (d) Firm mailing books. If you mail (c) Rural delivery. Rural carriers only, and special delivery services are an average of three or more letters at will deliver certified mail to your resi­ available on payment of the prescribed one time, you may use mailing books dence if it is not more than V2 mile from fees. I a Form 3877a which are furnished by the the route and if there is a passable road § 58.3 Fees. postal service without charge, or spe­ leading to it. Otherwise, a notice will Cents cially printed mailing bills. A series of be left' in your box so that you may Pee in addition to postage______15 numbers will be furnished you. The either meet him at the box on his next Return receipts: Showing to whom and when delivered- 7 sheets of the book become the sender’s trip, or call at the post office for the Showing to whom, when and address receipts. Books must be presented with mail. where delivered______31 the letters to be mailed. You must also (d) Star route delivery. Star route Inquiry fee______10 obtain at your expense a stamp for en­ carriers may deliver pertified mail only 1076 PROPOSED RULE MAKING when the addressee has authorized the the end of that period the records will dressee, application for a duplicate re­ postmaster in writing to give the mail to be destroyed. turn receipt may be made without the carrier. The carrier will be required § 58.6 Inquiry. Inquiry on Form charge. You must present your sender’s to sign for the mail and the responsi­ 1510 concerning the loss of a certified receipt at the time an inquiry is filed or a bility of the postal service ends on de­ letter may be made at the post office on request for a duplicate return receipt is livery to the carrier. payment of a fee of 10 cents. After a made. (e) Delivery records. The deliveryreasonable time has elapsed for the let­ [F. R. Doc. 55-1469; Filed, Feb. 18, 1955; records will be held for six months. At ter to have been received by the ad­ 8:52 a. m.]

NOTICES

DEPARTMENT OF THE INTERIOR as Telephone Answering Service, Flint, tion is feasible between the cities of Flint Michigan, Docket No. 11056, File No. and Saginaw, Michigan and therefore Bureau of Land Management 276-C2-P-54; for construction permits the said petition must be denied, but for one-way signaling stations in the that the matters herein establish that I daho Domestic Public Land Mobile Radio the issues should be amended to permit ORDER PROVIDING FOR OPENING OF PUBLIC Service. the introduction of evidence on this LANDS At a session of the Federal Communi­ point in the hearing proceeding and that An Order of the Bureau of Reclama­ cations Commission held at its offices in the licensee of Station KQC 574 should tion dated January 31, 1949, concurred Washington,- D. C., on the 11th day of be afforded the opportunity to appear in by the Associate Director, Bureau of February 1955; and participate in the proceeding; Land Management, February 8,1949, re­ The Commission having under con­ It is ordered, That the said petition is voked Departmental Order of January sideration a petition filed on July 28, denied and that the issues in the above- 24, 1917, so far as it withdrew under the 1954, by Aircall, Inc., requesting sever­ entitled proceeding are amended to re­ provisions of the Reclamation Act of ance of the application of John W. Ben­ number issues 3, 4, 5, 6, 7 and 8 as issues June 17, 1902 (32 Stat. 388), the follow­ nett, d/b as Telephone Answering Serv­ 4, 5, 6, 7, 8, and 9 and to include the ing-described land in connection with ice from the above-entitled proceeding; following issue: the Boise Project, Idaho, and provided It appearing that the Commission by 3. To determine whether, and to what that such revocation should not affect order of June 9, 1954, designated for extent, co-channel operations are feasi­ the withdrawal of any other lands by said hearing in a consolidated proceeding the ble between Flint and Saginaw, Michi­ orders or affect any order withdrawing applications of Abraham Klein and Air­ gan. the lands described: call, Inc., each requesting a construction permit for a one-way signaling station It is further ordered, That Carl G. Boise Meridian, Idaho to operate in the city of Detroit, Mich­ King, d/b as Téléphoné Answering Serv­ T. 1 S., R. 2 W., igan, on the frequency 35.58 megacycles ice, licensee of Station KQC 574, Sagi­ Sec. 22, W1/2NE%, SE%; and the application of John W. Bennett, naw, Michigan, is made a party to this Sec. 23, Ey2NW%, SW%. d/b as Telephone Answering Service proceeding with'his participation lim­ The areas described total 480 acres. which requests a construction permit for ited to issues 2, 3, 4, 5 and 6 and the The lands described are located in a one-way signaling station to operate participation of New York Technical In­ Idaho Grazing District No. 1. Some of in the city of Flint, Michigan on the fre­ stitute of Cincinnati, Inc., is enlarged to these lands contain areas of low hills, quency 43.58 megacycles and named New include issue 3. and the major portion of them is of fair York Technical Institute of Cincinnati, Released: February 16, 1955. quality for development under the Inc., licensee of Station KQC 884, High­ desert-land law. Some of the areas re­ land Park, Michigan, a party respondent F ederal C ommunications quire leveling and rock removal. to the proceeding; and C o m m iss io n , It further appearing that petitioner [sea l] M ary J ane M orris, The lands are included in desert-land Secretary, entries Blackfoot 055257, Idaho 0562 and herein alleges that a grant to John W. 0596, and are not subject to the provi­ Bennett to operate in the city of Flint, [F. R. Doc. 55-1470; Filed, Feb. 18, 1955; sions of the act of September 27, 1944 Michigan, on the frequency 35.58 mega­ 8:52 a. m.] (58 Stat. 747; 43 U. S. C. 279-284), as cycles is precluded due to alleged pro­ amended, granting preference rights to* hibitive interference between such oper­ veterans of World War II and others. ation and the presently licensed Inquiries concerning these lands shall operation of Station KQC574 at Saginaw, [Docket No. 11271; FCC 55-160] Michigan, but that the engineering affi­ be addressed to Manager, Land Office, R adio T ip t o n (WTTF) Box 2237, Boise, Idaho. davit submitted in support thereof does not set forth the extent of such alleged m em orandum o p in io n and order desig­ N olan F. K e il , interference either as to areas or popu­ n a tin g APPLICATION FOR HEARING ON Acting State Supervisor. lations; and STATED ISSUES It further appearing that, based upon F ebruary 11, 1955. In re application of Charlie H. Parish, an independent Commission study, the Jr. and Charlie H. Parish, Sr., d/b as [F. R. Doc. 55-1443; Filed, Feb. 18, 1955; extent of co-channel interference which Radio Tifton (WTIF)', Tifton, Georgia, 8:45 a. m.] would result to the proposed Flint opera­ for construction permit; Docket No. tion from Station KQC 884, Highland 11271, File No. BP-9415. Park, Michigan, which is presently in 1. The Commission has before it a FEDERAL COMMUNICATIONS issue in this proceeding, may be com­ protest filed on January 14, 1955, by the COMMISSION parable to the interference which would Tifton Broadcasting Corporation, licen­ result to it from Station KQC 574, see of Station WWGS, Tifton, Georgia [Docket Nos. 11054—11056; FCC 55-182] Saginaw, Michigan, and that the pro­ (1340 kc, 250 w, unlimited time), pur­ A braham K l e in et al. posed Flint operation would cause a sub­ suant to section 309 (c) of the Communi­ stantial amount of interference (per­ cations Act of 1934, as amended, pro­ ORDER AMENDING ISSUES centage-wise), to the Saginaw station testing the Commission’s action of De­ In re applications of Abraham Klein, and a lesser amount (percentage-wise), cember 15, 1954 (released December 16, Detroit, Michigan, Docket No. 11054, File to the Highland Park station; and 1954), granting without hearings the No. 1417-C2-P-52; Aircall, Inc., De­ It further appearing that, in view of above-entitled application of Radio Tif­ troit, Michigan, Docket No. 11055, File the foregoing, the Commission is unable ton for a new standard broadcast sta­ No. 744-C2-P-54; John W. Bennett, d/b to determine whether co-channel opera­ tion (WTIF) to operate on 1570 Saturday, February 19, 1955 FEDERAtREGISTER 1077 kilocycles with a power of 1 kilowatt, 4. In view of the fact that protestant the Commission, and the burden of proof daytime only, at Tifton, Georgia; and is licensee of standard broadcast station thereon is placed on Radio Tifton. an opposition to the said protest ñled WWGS in Tifton, Georgia; that the 7. With respect to Issue 5, the pro­ by WTTF on January 24, 1955. grant herein protested establishes a sec­ testant contends that the grantee has 9. In support of its protest, WWGS ond standard broadcast station in Tifton not made a full disclosure to the Com­ contends that it will suffer economic in­ in direct competition with protestant’s mission concerning its intention to actu­ jury as a result of the Commission’s ac­ existing and operating station; and that ally build a station at Tifton, Georgia, tion in granting the application in protestant has alleged that it has been inasmuch as a party to the applicant question; that the potential advertising and will continue to be financially in­ stated in a letter to the son of a former revenue in Tifton, Georgia, is limited jured by .the grant in question, we are WWGS stockholder that the subject and that it is improbable that a second constrained to conclude that protestant Tifton station would be built only if and station can derive revenue from the area is a “party in interest” which may pro­ when the Columbus, Georgia, station de­ without decreasing that now flowing to test under section 309 (c). See T. E. scribed in the above paragraph was op­ WWGS to the extent that one of the Allen & Sons 9 Pike & Fischer, RR 197; erating on a profitable basis. The stations will not be able to survive with Federal Coirimunications Commission v subject application was filed on August the result that the listening public will Sanders Brothers Radio Station, 309 2, 1954. In a letter addressed to Gene be left without adequate service, or that U. S. 470. Graham and dated August 30, 1954, both stations will be compelled to render 5. Issues 1, 2 and 3 are specified by the Charlie Parish, Jr., one of the partners inadequate service; that the grantee protestant relate to economic injury. in the subject applicant, stated that his failed to make a full disclosure on a These issues, designed to show that the first concern was the Columbus station material matter in that the' grantee public interest would suffer by the estab­ and that “if things [did] not meet [his] failed to advise the Commission that lishment of a second station in Tifton, expectations at Columbus fate may have the grantee would build the authorized Georgia, in all likelihood, are not perti­ it that I will never construct a station Tifton station only if and when the nent because of considerations already at Tifton”.2 It is stated in WTIF’s oppo­ grantee’s Station WCL.S, Columbus, set out by the Commission in In re Voice sition to the subject WWGS petition Georgia (construction permit for which of Cullman, 6 RR 164 (1950) .* However, that, in the said letter, Mr. Parish was was granted on September 7, 1954) was the Commission recently in a very simi­ writing to Mr. Graham as a friend, operating on a profitable basis; that no lar case In re Application of American “Dear Gene”, and disclosed to him that showing was made that programming Southern Broadcasters (WPWR), 11 RR if he ran into financial difficulty at the would fit the needs of the city sought 1054, decided to afford the protestant in station in Columbus it might be that he to be served; and that certain misrepre­ that case an oral argument on the legal would not be able to build the facility at sentations in the balance sheet of one and policy questions raised by protes- Tifton; and that the statement in no of the partners in the applicant leave tants seeking hearing issues on the com­ way reflects on the representations made the applicant not qualified financially to petitive aspects of new stations. Con­ in the application for the Tifton con­ construct and operate the proposed sequently, the instant protestant will be struction permit. It is further stated station. afforded a similar oral argument on the that as proof of the grantee’s intention 3. The protestant has specified thepolicy and legal questions raised by the to build the Tifton facility as granted, following issues on which it asks for an requested economic injury issues. construction 'was started on the facility opportunity to present evidence: 6. With respect to Issue 4, protestant on January 12, 1955, at which time 1. To determine whether the Tifton contends that the programming proposal ground was cleared at the transmitter market area will provide sufficient rev­ of the subject Tifton application is site for the ground system, tower and enues to the proposed station to enable identical with the programming proposal transmitter building. The protestant it to adequately operate in the public submitted by the Muscogee Broadcasting questions the applicant’s intention to interest. Company in its application for a con­ build a station at Tifton, Georgia, and 2. To determine whether, because of struction permit for a new standard the above-described letter relied upon by the lack of advertising potential in the broadcast station in Columbus, Georgia the protestant is but one isolated fact, Tifton market, competition between the which was granted on September 7, 1954 the materiality of which m attempting to existing station and the proposed sta­ (File No. BP-8845). Charlie H. Parish, show intent cannot be determined except tion may force one or both to fail for Sr., and Charlie H. Parish, Jr., partners in relation to all the facts of this case. lack of financial support, with the result in the subject Tifton applicant are each In view of the foregoing, the Commission 50 percent stockholders in the Muscogee is of the opinion that the information that the public of Tifton will be without Broadcasting Company. Upon the basis a local radio outlet. submitted by the protestant is not suffi­ 3. To determine whether the advertis­ of such facts, the protestant contends cient to warrant adoption as its own the ing potential of the Tifton market is so that Radio Tifton has failed to make an issue of full disclosure of grantee’s in­ affirmative showing that its program­ tension to build a station at Tifton, inadequate, that the operation of a sec­ ming proposal would meet the needs of ond station, may cause either or both Georgia. Therefore, the burden of proof the Tifton area and that Radio Tifton upon this issue is being left with Tifton stations to render an inadequate service is completely indifferent to the program­ to the people of Tifton. Broadcasting Corporation. ming needs of the Tifton community 8. With respect to Issue 6, relating to 4. To determine whether the appli­ proposed to be served. Therefore, with cant’s proposed programming is designed the grantee’s financial qualifications, respect to Issue 4 it is the Commission’s protestant contends that misrepresenta­ to serve the needs of the Tifton area. opinion that the protestant has stated 5. To determine whether the applicant tions were made in the balance sheet with particularity facts, matters and of Charlie H. Parish, Sr., as submitted has made a full disclosure to the Com­ things relied upon as required by the mission concerning* its intentions to with the subject application. It is fur­ build a station at Tifton, Georgia. provisions of section 309 (c) to warrant ther contended by the protestant that 6. To determine whether misrepre­ the inclusion of Issue 4. Since the mat­ certain items in the balance sheet for sentations have been made to the Com­ ters raised by the protestant raise a Mr. Parish, Sr., were over-estimated, and mission concerning the finances of the prima facia case that the programming that in view of such over-estimation and applicant and Charlie H. Parish, Sr., and proposal submitted by Radio Tifton was the alleged lack of revenue sources re­ whether, in light of these facts, and the deficient, said issue is being adopted by ferred to above, the subject applicant is unavailability of potential advertising in not financially qualified to construct and Tifton, Georgia, the applicant is finan­ 1 See also In re Van Curler Broadcasting operate the station. The protestant cially qualified to construct and operate Corporation, 11 RR 215 where the Commis­ claims that “the financial qualifications a radio station. sion stated “there is a grave doubt as to of the applicant depend entirely upon whether a showing of economic injury on the financial ability of Mr. Parish, Sr.” 7. To determine whether, in light of the part of a protestant would entitle him the evidence adduced in the foregoing to a hearing on an issue related to the com­ The balance sheet for Charlie H. Parish, issues, the public interests convenience petition which the protestant would suffer Sr., submitted with the subject appli- or necessity will be served by a grant of from the > operation of another station in the application of Radio Tifton. his community”. - * Exhibit 4, WWGS subject protest. 1078 NOTICES cation shows a net worth of $82,950, of Examiner's decision to file exceptions 1934, as amended, the subject applicants which $24,200 is in U. S. Bonds. The thereto; and seven days after each of were advised by letter dated July 27, cost of constructing Station WTIF is the above t o file replies to any such 1954 that their proposed operations estimated to be $14,495. Assuming the exceptions. would involve mutually destructive in­ over-estimates are as great as protestant d. The parties intending to participateterference; that the proposal of E. Weaks alleges, there still would be available to in this proceeding shall file their ap­ McKinney-Smith would cause inter­ the grantee sufficient funds to finance pearances not later than February 21, ference to the authorized operation of the construction and initial operation 1955. Station WQXR, New York City, N. Y. of the station in question. Thus, it is It is further ordered, That the above- (1560 kilocycles, 50 kilowatts power; the Commission’s opinion that the pro­ entitled application of Radio Tifton is File No. BP-4506, granted March 3,1954) testant has failed to state with particu­ designated for evidentiary hearing upon and might not provide the recommended larity, sufficient facts, matters and things the following issues, at a time and place minimum of interference-free service relied upon as required by the provisions to be specified in the Commission’s deci­ within its normally protected nighttime of section 309 (c) to warrant the desig­ sion with respect to Issues 1, 2, and 3: contour (4 mv/m) as provided for in nation of the above-entitled application § 3.28 (c) of the Commission’s rules 47 4. To determine whether the appli­ CFR 3.28 (c); and for hearing upon the issue respecting the cant’s proposed programming is de­ financial qualifications of the subject It further appearing that Interstate signed to serve the needs of the Tifton Broadcasting Company, Inc., licensee of grantee. Accordingly, said issue is not area. being designated for hearing. Station WQXR, New York City, N. Y. 5. To determine whether the appli­ (1560 kc, 10 kw, Uni.; CP, 1560 kc, 50 kw, In view of the foregoing: It is ordered, cant has made a full disclosure to the That the effective date of the Commis­ Uni., I-B ), has filed pleadings request­ Commission concerning itsxintention to ing that both subject applications be sion’s action of December 15,1954, grant­ build a station at Tifton, Georgia. ing the above-entitled application of dismissed for failure to comply with Radio Tifton is postponed pending a It is further ordered, That the,burden § 3.28 (c); or in the alternative, be des­ final decision by the Commission with of pfoof on Issue 4 is placed upon Radio ignated for hearing because of interfer­ respect to the evidentiary hearing here­ Tifton and that the burden of proof on ence to the existing and authorized op­ inafter provided for; Issue 5 is placed on the Tifton Broad­ erations of WQXR; and It is further ordered, That oral argu­ casting Corporation. It further appearing that WAGC ment before the Commission en banc Adopted: February 10, 1955. amended its application on January 18, will be held on the legal and policy ques­ 1955, to specify station location as Ft. tions raised on the following economic Released: February 16, 1955. Oglethorpe, Georgia, in lieu of Chatta­ issues, after which the Commission will F ederal C ommunications nooga, Tennessee; and issue a decision on each of the said C o m m iss io n ,3 It further appearing that each of the issues, either dismissing it or designating [ sea l] M ary .Jane M o r r is, subject applicants contended in plead­ it for evidentiary hearing in the hearing Secretary. ings filed with the Commission that the provided for below: other would not meet the requirements [P. R. Doc. 55-1471; Piled, Feb. 18, 1955; of § 3.28 (c) of the Commission’s rules; 1. To determine whether the Tifton 8:53 a. m.] that E. Weaks McKinney-Smith filed market area will provide sufficient rev­ data to establish the fact that more than enues to the proposed station to enable 25 percent of the nighttime primary it to adequately operate in the public [Docket Nos. 11272, 11273; FCC 55-162] service area of his proposed operation interest. T e n n e s s e e V alley B roadcasting Co. is without primary nighttime service; 2. To determine whether, because of and that on February 8, 1955, additional the lack of advertising potential in the (WAGC) and E. W eaks M cK in n e y - S m it h data was filed by WAGC purporting to Tifton market competition between the show that less than 25 percent of the existing station and the proposed sta­ order designating applications for co n­ E. Weaks McKinney Smith proposed tion may force one or both to fail for solidated HEARING ON STATED ISSUES nighttime service area is without pri­ lack of financial support, with the re­ In re applications of Gordon W. Gam- mary' service. sult that the public of Tifton will be bill, Hubert M. Martin, Humphrey B. It further appearing that, on the basis without a local radio outlet. Hey wood and R. T. Russell d/b as Ten­ of the data submitted by the subject 3. To determine whether the adver­ nessee Valley Broadcasting Company applicants, it is the opinion of the Com­ tising potential of the Tifton market (WAGC), Fort Oglethorpe, Georgia, mission that a question obtains its to is so inadequate, that the operation of a Docket No. 11272, File No. BP-9106; E. whether the proposed operation of E. second station may causé either or both Weaks McKinney-Smith, Paducah, Ken­ Weaks McKinney Smith complies with stations to render an inadequate service tucky, Docket No, 11273, File No. BP- § 3.28 (c); and to the people of Tifton. 9268 ; for construction permits. It further appearing, that each of the It is further ordered, That the Tifton At a session of the Federal Communi­ subject applicants is legally, financially, Broadcasting Corporation and the Chief, cations Commission held at its offices in technically and otherwise qualified to Broadcast Bureau, are made parties to Washington, D. C., on the 10th day of operate the proposed stations; and the oral argument and the evidentiary February 1955; It further appearing that the Com­ hearing hereinafter provided for and The Commission having under con­ mission has given full consideration to that: sideration the above-entitled applica­ the pleadings filed by WQXR and the a. The oral argument shall commence tions of the Tennessee Valley Broadcast­ subject applicants and is of the opinion at 10:00 a. m. on February 28, 1955. ing Company for a construction permit that a hearing is necessary; b. The economic injury issues (1, 2, to change the facilities of Station WAGC, It is ordered, That pursuant to section and 3) shall be argued upon the basis Chattanooga, Tennessee, from 1450 kilo­ 309 (b) of the Communications Act of of the facts alleged in the protest of the cycles with a power of 250 watts, un­ 1934, as amended, the said applications Tifton Broadcasting Corporation and in limited time, to Fort Oglethorpe, Georgia, are designated for hearing in a consoli­ accordance with the views set forth in on 1560 kilocycles with a power of 10 dated proceeding, at a time and place to this opinion with respect to the adequacy kilowatts, directional antenna, unlimited be specified in a subsequent order, upon of such allegations. time; and E. Weaks McKinney-Smith the following issues: for a construction permit for a new c. The parties shall have fifteen days 1. To determine the areas and popula­ after the oral argument to file proposed standard broadcast station to operate on 1560 kilocycles with a power of one kilo­ tions which may be expected to gain or findings of fact and conclusions of law, lose primary service from the operation and briefs as desired; the parties shall watt, directional antenna, unlimited time, at Paducah, Kentucky; of the stations as proposed, and the have fifteen days after the close of the It appearing that pursuant to section availability of other primary service to evidentiary hearing to file proposed find­ 309 (b) of the Communications Act of such areas and populations. ings of fact and conclusions, and such 2. To determine whether the subject briefs as are desired; and they shall have 8 Commissioner Doerfer dissented in proposed operations would involve ob­ fifteen days after the issuance of the opinion. jectionable interference with the exist- Saturday, February 19, 1955 FEDERAL REGISTER 1079 ing or the authorized (Pile No. BP-4506) Washington, D. C., on the 10th day of in the above-entitled applications would operation of Station WQXR New York February 1955; better serve the public interest, conven­ City, N. Y., or with any other existing The Commission having under consid­ ience, or necessity in the light of the evi­ standard broadcast station, and, if so, eration the above-entitled applications dence adduced under the foregoing the nature and extent of such interfer­ for construction permits of Delta-Demo­ issues and the record made with respect ence. crat Publishing Company for a new to the significant differences between 3. To determine whether the operation standard broadcast station to operate on the applicants as to: proposed by E. Weaks McKinney-Smith a frequency of 900 kilocycles with a (a) The background and experience would be in compliance with the provi­ power of 1000 watts, daytime only’ at of each of the above-named applicants sions of § 3.28 (c) of the Commission’s Greenville, Mississippi (File No. BP- to own and operate the proposed sta­ rules. 9499), and Cotton Belt Broadcasting tions. 4. To determine, on a comparative Corporation of Mississippi for a con­ (b) The proposals of each with respect basis, which of the operations proposed struction permit for a new standard to the management and operation of in the above-entitled applications would broadcast station to operate on a fre­ the proposed stations. better serve the public interest, conveni­ quency of 900 kilocycles with a power of (c) The programming service pro­ ence or necessity in the light of the evi­ 250 watts, daytime only, at Clarksdale, posed in each of the above-mentioned dence adduced under the foregoing Mississippi (File No. BP-9558) ; applications. issues and the record made with respect It appearing .that the applicants are It is further ordered, That the issues to the significant differences between legally, technically, financially and in the above-entitled proceeding may be the applicants as to: otherwise qualified to operate their pro­ enlarged by the examiner on his own (a) The background and experience posed stations, but that the operation motion or on petition properly filed by a of each of the above-named applicants of both applicants as‘proposed would re­ party to the proceeding and upon suffi­ to own and operate the proposed station. sult in mutually destructive interfer­ cient allegations of fact in support (b) The proposals of each of the ence; and thereof, by the addition of the following above-named applicants with respect to It furthér appearing that pursuant to issue: To determine whether the funds the management and operation of the section 309 (b) of the Communications available to the applicant will give rea­ proposed stations. Act of 1934, as amended, the subject sonable assurance that the proposals set (p) The programming service pro­ applicants were advised by letter of De­ forth in the application will be effectu­ posed* in each of the above-mentioned cember 10, 1954, of the aforementioned ated. applications. deficiency; and 5. To determine in the light of section It further appearing that timely re­ Released: February 16, 1955. 307 (b) of the Communications Act of plies were received from Delta-Democrat F ederal C ommunications 1934, as amended, which, if either, of the Publishing Company on January 10,1955, C o m m is s io n , subject proposals would provide the and from Cotton Belt Broadcasting Cor­ [ seal] M ary J ane M o r r is, more fair, efficient and equitable dis­ poration of Mississippi on December 16, Secretary. tribution of radio service. 1954, each expressing an intention to appear at a hearing; and [F. R. Doc. 55-1473; Filed, Feb. 18, 1955; It is further ordered, That the issues in It further appearing that Cotton Belt 8:53 a. m.] the above-entitled proceeding may be Broadcasting Corporation of Mississippi enlarged by the Examiner on his own is licensee of Station WGVM, Greenville, motion or on the petition properly filed Mississippi, and that the primary service by a party to the proceeding and upon area of Station WGVM will overlap with [Docket Nos. 11276-11278; FCC 55-164] sufficient allegations of fact in support the service area of Cotton Belt’s proposed thereof, by the addition of the following H o p k in s -E d in a -S t . L o u is P ark Clarksdale operation; and B roadcasting C o . et al issue: To determine whether the funds It further appearing that the Com­ available to the applicant will give rea­ mission, after consideration of the re­ ORDER DESIGNATING APPLICATIONS FOR CON­ sonable assurance that the proposals SOLIDATED HEARING ON STATED ISSUES set forth in the application will be plies, is of the opinion that a hearing is effectuated. necessary; In re applications of Edward Schons It is further ordered, That Interstate It is ordered, That pursuant to section and William E. Schons, doing business as Broadcasting Company, Inc., licensee of J309 (b) of the Communications Act of Hopkins-Edina-St. Louis Park Broad­ Station WQXR, New York City, N. Y., is 1934, as amended, the said applications casting Company, Hopkins-Edina-St. made a party to the said proceeding. are designated for hearing in a con­ Louis Park, Minnesota, Docket No. 11276, solidated proceeding, at a time and place File No. BP-9405; Suburban Broadcast­ Released: February 16, 1955. to be specified in a subsequent order, ing Corporation, Hopkins-St. Louis Park- F ederal C ommunications upon the following issues: Edina, Minnesota, Docket No. 11277, File C o m m is s io n , 1. To determine the areas and popu­No. BP-9467; Northeast Iowa Radio Cor­ [ seal] MAr y J ane M o r r is, lations which may be expected to gain or poration (KOEL), Oelwein, Iowa, Docket Secretary. lose primary service from the operation No. 11278, File No. BP-9498; for con­ of the proposed stations, and the avail­ struction permits. [F. R. Doc. 55-1472; Piled, Feb. 18, 1955; At a session of the Federal Communi­ 8:53 a. m.] ability of other primary service to such areas and populations. cations Commission held at its offices - 2. To determine the overlap which in Washington, D. C., on the 10th day would exist between the service areas of of February 1955; the station proposed by the Cotton Belt The Commission having under consid­ [Docket Nos. 11274, 11275; FCC-55-163] Broadcasting Corporation of Mississippi eration the above-entitled applications D elta-D emocrat . P u b l is h in g Co . and and of Station WGVM, Greenville, Mis­ of the Hopkins-Edina-St. Louis Park C otton B elt B roadcasting Corpora­ sissippi, the nature and extent thereof, Broadcasting Company and the Subur­ t io n o f M is s is s ip p i and if any, whether a grant of the Cotton ban Broadcasting Corporation, each for Belt application would be in contraven­ a construction permit for a new standard ORDER DESIGNATING APPLICATIONS FOR CON­ tion of the provisions of the Commis­ broadcast station to operate on 950 kilo­ SOLIDATED HEARING ON STATED ISSUES sion’s Multiple Ownership Rule (47 CFR cycles with a power of 1 kilowatt and In re applications of Delta-Democrat 3.35). a directional antenna, daytime only, at Publishing Company, Greenville, Missis­ 3. To determine in the light of section Hopkins-Edina-St. Louis Park, Minne­ sippi, Docket No. 11274, File No. BP- 307 (b) of the Communications Act of sota; and the Northeast Iowa Radio Cor­ 9499; Cotton Belt Broadcasting Corpo­ 1934, as amended, which of the two poration for a construction permit to ration of Mississippi, Clarksdale, Miss­ above-entitled applications would pro­ change the facilities of Station KOEL, issippi, Docket No. 11275, File No. BP- vide the more fair, efficient and equita­ Oelwein, Iowa, from operation with-a 8558; for construction permits. ble distribution of radio service. power of 500 watts, same directional At a session of the Federal Communi­ 4. To determine, on a comparative antenna day and night, unlimited time, cations Commission held at Its offices in basis, which of the operations proposed to operation with a power of 1 kilowatt 1080 NOTICES day and 500 watts night, different direc­ It further appearing that in a letter issues and record made with respect to tional antenna pattern day and night, dated December 9, 1954, Station KIOA, the significant differences between the unlimited time on 9,50 kilocycles; and Des Moines, Iowa (940 kc) stated that applicants as to: It appearing that pursuant to section it would interpose no objection to a grant (a) The background and experience 309 (b) of the Communications Act of of the subject application of KOEL for of each of the above-named applicants 1934, as amended, the subject applicants increased power, if a grant of the KOEL to own and operate the proposed sta­ were advised by lfetters dated October 8, application contained a condition that tions. and December 10, 1954, of the deficien­ measurements showing that the radia­ (b) The proposals of each of the cies in their applications and that the tion toward KIOA had not been increased above-named applicants with respect to Commission was unable to conclude that be submitted prior to authorization for the management and operation of the a grant of any of the applications would program tests; and proposed stations. be in the public interest; and It further appearing that the Subur­ (c) The programming service pro­ It further appearing that a reply was ban Broadcasting Corporation and the posed in each of the above-mentioned received from each of the subject appli­ Northeast Iowa Radio Corporation applications. cants; and (KOEL) are legally, technically, finan­ 7. To determine in the light of section It further appearing that in a letter cially and otherwise qualified to operate 307 '(b) of the Communications Act of dated October 28, 1954, the Hopkins- the stations as proposed; and 1934, as amended, which, if any, of these Edina-St. Louis Park Broadcasting It further appearing that the Hopkins- applicants would provide the more fair, Company acknowledged that its pro­ Edina-St. Louis Park Broadcasting Com­ efficient and equitable distribution of posed operation involved mutually de­ pany, except for the matters raised in radio service. structive interference with the proposal Issue 4, is legally, technically and other­ It is further ordered, That the issues of the Suburban Broadcasting Corpora­ wise qualified to operate the proposed station; and in the above-entitled proceding may be tion and stated that it would appear at enlarged by the Examiner on his own a hearing on the said applications; and It further appearing that the Com­ mission, after consideration of the above motion or on petition properly filed by It further appearing that data sub­ a party to the proceeding and upon suf­ mitted in the application of the Hopkins- replies, is of the opinion that a hearing is necessary; ficient allegations of fact in support Edina-St. Louis Park Broadcasting Com­ thereof, by the addition of the following pany indicates that it is not financially It is ordered, That, pursuant to section 309 (b) of the Communications Act of issue: To determine whether the /und qualified to construct and operate the available to the applicant will give rea­ proposed station and the aerial photo­ 1934, as amended, the said applications are designated for hearing in a consoli­ sonable assurance that the proposals set graph submitted with this application forth in the application will be effec­ does not show sufficient detail from dated proceeding, at a time and place tuated. which a determination can be made as to be specified in a subsequent order, upon the following issues: It is further ordered, That Peoples to whether the site is satisfactory; and Broadcasting Company, licensee of Sta­ It further appearing that the Subur­ 1. To determine the areas and popula­ tion WPBC, Minneapolis, Minnesota, is ban Broadcasting Corporation amended tions which may be expected to gain or made a party to the proceeding. its application on November 5, 1954, to lose primary service from the operation change the applicant from an individual of the proposed stations and the avail­ Released: February 16, 1955. to the said corporation and to submit ability of other primary service to such F ederal Communications measurements purporting to show no areas and populations. C o m m is s io n , overlap of the 25 mv/m contours of its 2. To determine whether the installa­ [ sea l] M ary J ane M o r r is, proposed operation and Station WPBC, tion and operation of the stations pro­ Secretary. Minneapolis, Minnesota; and in a letter posed by the Suburban Broadcasting dated December 28, 1954 requested that [F. R. Doc. 55-1474; Filed, Feb. 18, 1955; Corporation and the Hopkins-Edina-St. 8:53 a. m.]’ the KOEL application be designated for Louis Park Broadcasting Company would hearing; and be in compliance with the Commission’s It further appearing that the said rules and Standards of Good Engineer­ measurements are not considered suffi­ ing Practice Concerning Standard [Docket No. 11281] cient to prove the absence of overlap of Broadcast Stations with particular ref­ P rim e, I n c . the 25 mv/m contours of Station WPBC erence to overlap of the 25 mv/m con­ and the Suburban Broadcasting Corpo­ tours of the proposed operations and ORDER DESIGNATING MATTER FOR HEARING ration proposal inasmuch as they were Station WPBC, Minneapolis, Minnesota. In the matter of cease and desist order not made or analyzed in complete ac­ 3. To determine whether the installa­ to be directed to Prime, Incorporated, cordance with the Commission’s Engi­ tion and operation of the station pro­ P. O. Box 132, Abrecht Place, Frederick, neering Standards; and that additional posed by the Hopkins-Edina-St. Louis Maryland; Docket No. 11281. measurements will be necessary to prove Park Broadcasting Company would be in The Commission having under con­ the absence of such overlap between Sta­ compliance with the Commission’s Rules sideration the issuance of an order pur­ tion WPBC and the proposals of the and Standards of Good Engineering suant to section 312 (b) of the Com­ Suburban Broadcasting Corporation and Practice Concerning Standard Broad­ munications Act of 1934, as amended, to the Hopkins-Edina-St. Louis Park cast Stations with particular reference Prime, Incorporated (hereinafter re­ Broadcasting Company; and to suitability of the site specified. ferred to as Prime, Inc.) to cease and It further appearing that in a letter 4. To determine whether the Hopkins- desist from violating Part 18 of the Com­ dated January 7, 1955, Station KOEL Edina-St. Louis Park Broadcasting Com­ mission’s rules by operating electric arc acknowledged that its proposed opera­ pany is financially qualified to construct welding equipment using radio fre­ tion would cause interference to the and operate the proposed station.. quency energy (hereinafter referred to subject proposals of the Suburban Broad­ 5. To determine whether the opera­ as welding equipment) which (1) is the casting Corporation and the Hopkins- tion of the proposed stations would in­ source of interference to authorized Edina-St. Louis Park Broadcasting Com­ volve objectionable interference, each services, and (2) vis not certified or li­ pany but stated that the interference with the other, or with any other exist­ censed in accordance with the Com­ would cause a population loss of less than ing broadcast station, and, if so, the na­ mission’s rules; 4 percent to either proposal; and ture and extent thereof, the areas and It appearing that Prime, Inc., operates It further appearing that Station populations affected thereby, and the in its plant at Abrecht Place, Frederick, availability, of other primary service to Maryland, certain welding equipment WPBC, in a letter dated October 14,1954, such areas and populations. which generates radio frequency energy requested that the applications of the 6. To determine, on a comparative with emissions centering around 1700 Suburban Broadcasting Corporation and basis, which of the operations proposed kilocycles and extending into the stand­ the Hopkins-Edina-St. Louis• Park in the above-entitled applications would ard broadcast band and with harmonics Broadcasting Company be designated best serve the public interest, conveni­ on television channels, the /welding for hearing and that WPBC be made a ence and necessity in the light of the evi­ equipment being subject to the require­ party to the hearing; and dence adduced under the foregoing ments of § 18.1 of the Commission’s Saturday, February 19, 1955 FEDERAL REGISTER 1081 rules contained in Part 18 entitled rules hearing designated herein will be deemed issued its order adopted January 13,1955, governing Industrial, Scientific, and a waiver of hearing. affirming and adopting initial decision Medical Service; and Released: February 16, 1955. of Presiding Examiner in the above- It further appearing that the afore­ entitled matter. mentioned equipment caused interfer­ F ederal C ommunications [ seal] J. H. G u t r id e , ence to reception of radio communica­ C o m m is s io n , Acting Secretary. tions in Frederick, Maryland, trans­ [ sea l] M art J ane M o r r is, mitted by WAYZ, Waynesboro, Pennsyl­ - Secretary. [F. R. Doc. 55-1451; Filed, Feb. 18, 1955; 8:47 a. m.] vania, and by WTOP-TV, Washington, [F. R. Doc. 55-1475; Filed, Feb. 18, 1955; D. C.; and 8:54 a. m.] It further appearing that the afore­ mentioned equipment has not been cer­ tified by a duly qualified engineer or DEPARTMENT OF COMMERCE [Docket No. G-1907] the manufacturer of the equipment as S o u th ern N atural G as Co . required by § 18.1 of the Commission’s Business and Defense Services rules, nor has the equipment been li­ Administration n o t ic e o f order granting and d e n y in g , censed pursuant to § 18.41 of the Com­ IN PART, PETITION FOR MODIFICATION OF mission’s rules; and O ffic e o f T ech nical S ervices ; Co m ­ CERTIFICATE OF PUBLIC CONVENIENCE AND It further appearing that the above m o d it y S tandards D iv is io n n e c e s s it y F ebruary 14,1955. facts have been called to the attention STATEMENT OF PROCEDURES Notice is hereby given that on January of Prime, Inc. by the Commission both Correction orally and in writing, and that Prime, 18, 1955, the Federal Power Commission Inc. has been accorded an opportunity In F. R. Document 55-1333, appearing issued its order adopted January 13,1955, to demonstrate or achieve compliance at page 1027 of the issue for Thursday, granting, in part, and denying, in part, with all lawful requirements but such February 17,1955, the caption now read­ petition for modification of certificate of demonstration has not been made and ing “Statement of Organization” should public convenience and necessity in the such compliance has not been accom­ be changed to read “Statement of Pro­ above-entitled matter. cedures” as set forth above. plished; [ seal] J. H. G u t r id e , It is ordered, This 14th day of February Acting Secretary. 1955, pursuant to section 312 (c) of the FEDERAL POWER COMMISSION [PI R. Doc. 55-1452; Filed, Feb. 18, 1955; Communications Act of 1934, as amend­ 8:48 a. m.[ ed, and pursuant to section 0.271 (d) of [Docket No. E-6157] the Commission’s rules to show cause D epartm ent o f t h e I n terio r, S o u t h ­ why cease and desist orders should not eastern P o w er A dministration , A lla- be issued with respect to. Industrial, Sci­ [Docket No. G-2303] entific and Medical Equipment, that toona P ro ject Prime, Inc. be and is hereby directed to NOTICE OF ORDER CONFIRMING AND APPROV­ H ope N atural G as C o. show cause why there should not be is­ ING RATES AND CHARGES FOR LIMITED. NOTICE OF ORDER GRANTING IN PART APPLI­ sued an order commanding it to cease PERIOD CATION AND MODIFICATION OF ORDER AF­ and desist from violating the provisions F ebruary 14, 1955. FIRMING INITIAL DECISION / of Part 18 of the Commission’s rules by Notice is hereby given that on January operating welding equipment without the 18, 1955, the Federal Power Commission F ebruary 14,1955. \ certification or license required by Part issued its order adopted January 13, Notice is hereby given that on Janu­ 18 of the Commission’s rules, and by 1955, confirming and approving rates ary 17,1955, the Federal Power Commis­ operating such equipment in a manner and charges for a limited period in the sion issued its order adopted January 13, which causes interference to authorized above-entitled matter. 1955, granting in part application for radio services; and rehearing and modification of order af­ [ seal] J. H. G u t r id e , firming initial decision of Presiding Ex­ It is further ordered, That a hearing Acting Secretary. in this matter be held in Washington, aminer in the above-entitled matter. D. C., at 10:00 a. m. on the 28th day of [F. R. Doc. 55-1449; Filed, Feb. 18, 1955; 8:47 a. m..] [ sea l] J. H . G u t rid e, March 1955, in order to determine Acting Secretary. T whether said cease and desist order should be issued, and that Prime, Inc., is [F. R. DOC. 55-1453; Filed, Feb. 18, 1955; 8:48 a. m.] herewith called upon to appear at this [Docket No. E-6585] hearing and give evidence upon the mat­ ters specified herein; and S o u t h C arolina G enerating Co. NOTICE OF ORDER EXTENDING TIME TO MAKE It is further ordered, Pursuant to [Docket Nos. G-2681, G-2728, G-2732, G-2759, SHOWING OF FACTS § 1.402 of the rules, that said Prime, Inc., G—2790, G-3671, G-3757, G-3763, G-3780, is directed to file with the Commission F ebruary 14, 1955. G—4116, G-4427, G-4432] Within thirty days of the receipt of this Notice is hereby given that on Janu­ B . M. B r it a in et al. order a written appearance in triplicate, ary 17,1955, the Federal Power Commis­ stating that Prime, Inc., will appear and sion issued its order adopted January 13, NOTICE OF FINDINGS AND ORDERS present evidence on the matter specified 1955, granting further extension of time F ebruary 14, 1955. in this Order if Prime, Inc., desires to to February 23, 1955, to make showing In the matters of B. M. Britain and avail itself of its opportunity to appear of facts in the above-entitled matter. C. E. Weymouth, Docket Nos. G-2681, before the Commission. If said Prime, [ sea l] J. H . G u t rid e, G-411ff* Ruth A. McBurney, attorney in Inc.. does not desire to appear before the Acting Secretary. fact, Docket No. G-2728; Gaulley Gas Commission and give evidence on the [F. R. Doc. 55-1450; Filed, Feb. 18, 1955; Company, Docket No. G-2732; Kerr-Mc- matter specified herein, it shall, within 8:47 a. m.] Gee Oil Industries, Inc., Docket No. G - thirty days of the receipt of this order, 2759; Stanolind Oil and Gas Company, file with the Commission, in triplicate,* a Docket No. G-2790; Coleman Gas Com­ pany, Docket No. G-3671; Quaker State written waiver of hearing. Such waiver [Docket No. G-1364] may be accompanied by a statement of Oil Refining Corporation, Docket No. G— I o w a-I l l in o is G as and E lectric C o. • 3757; Maple Gas Company, Docket No. reasons why Prime, Inc., believes that a G-3763; Albert A. Thornbrough, Docket cease and desist order shall not be is­ NOTICE OF ORDER AFFIRMING AND ADOPTING No. G-3780; W. C. Feazel, Miss Lallage sued ; and INITIAL DECISION Feazel, Docket No. G-4427; G. M. Ander­ It is further ordered, That failure of F ebruary 14, 1955. son, and Mrs. Gertrude Feazel Anderson said Prime, Inc., timely to respond to Notice is hereby given that on January and Shell Oil Company, Docket No. G - this order or failure to appear at the 21, 1955, the Federal Power Commission 4432. No. 36------3 1082 NOTICES

Notice is hereby given that on Janu­ [Docket .No. G-3290] and John 3 . Hawley, Jr., as trustee for ary 18,1955, the Federal Power Commis­ Terrell Hawley, hereinafter called “Ap­ sion issued its findings and orders N o r th ern P u m p Co. et al. plicant”, filed on September 27, 1954, an adopted January 13, 1955, issuing certi­ NOTICE OF APPLICATION AND DATE OF application for a certificate of public ficates of public convenience and neces­ HEARING convenience and necessity, pursuant to sity in the above-entitled matters. section 7 of the Natural Gas Act, author­ F ebruary 10, 1955. [ sea l] J . H . G u t r id e , izing Applicants to render service as Acting Secretary. Take notice that Northern Pump hereinafter described, subject to the Company, a Minnesota Corporation with jurisdiction of the Commission, all as [F. R. Doc. 55-1454; Filed, Feb. 18, 1955; its principal place of business in Fridley, more fully represented in the application 8:48 a. m.] Minnesota, for itself and on behalf of:- which is on file with the Commission and John B. Hawley, Jr., G. A. Kane, G. S. open for public inspection. Davidson, C. M. Underwood, H. Ran­ Applicants produce and sell natural [Docket No. G-3064] dolph, Rosita Hawley, Myra Hofmeister gas as indicated below; C olorado-W y o m in g G as C o. N örthern P ump Co. NOTICE OF APPLICATION AND DATE OF HEARING Rate Location of field Purchaser Date of (cents F ebruary 10, 1955« contract per Mcf) Take notice that Colorado-Wyoming Gas Company (Applicant), a Delaware June 25,1950 11 Liberal Light Pool, Seward County, Kans____ Panhandle Eastern Pipe Line Co____ April 2,1952 8.932927 corporation, whose address is Denver, and Colorado, filed an application on Sep­ 9.82622 Macksville Field, Stafford County, Kans_____ Kansas Power and Light Co______Sept. 27,1948 9 tember 24,1954, which was supplemented and on October 21 and November 22, 1954, Jan. 1,1951 for a certificate of public convenience Mission Valley Field, Victoria County Tex..,. ' Transcontinental Gas Pipeline Co:___ Jan. 10, 1948 7.01796 and necessity pursuant to section 7 of the Natural Gas Act, authorizing Appli­ J ohn B. H awley, J r. cant to render service as .hereinafter described, subject to the jurisdiction #f Kansas Hugoton Field...___. : ______Cities'Service Gas Co___ June 23,1950 the Commission, all as more fully repre­ Hugoton Field, Seward County, Kahs. Northern Natural Gas Co. Nov. 19, 1951 Hugoton Field, Stevens County, JCans. __ .do______Oct. 12,1938, sented in the application which is on Jan. 27,1948 file with the Commission and open for and: May 11,1948 public inspection. Hugoton Field, Kearny County, Kans. Kansas-Nebraska Natural Gas Co. May 28,1953 Applicant proposes to tap its Thornton and Dec. 23,1952 lateral and construct and operate ap­ Hugoton Field, Seward County, Kans______. Northern Natural Gas Co... Nov. 19,1951 proximately 4,000 feet of 3-inch pipeline Hugoton Field, Haskell County, Kans___ ...... — do______Apr. 4,1952 Hugoton Field, Stevens County, Kans______, ___ do______... ______Nov. 1,1952 extending to Welby, Colorado, together Hugoton Field, Seward County, Kans___ __...... do..__ __.'...____ Nov. 19,1951 with necessary metering facilities, for Pettiquah Pool, Ofuskee, Lincoln and Creek Oklahoma Natural Gas Co. Nov. 20,1946 the transportation and sale of natural Counties, Okla. and May 20,1954 gas to Public Service Company of Colo­ Hugoton Field, Texas County, Okla..."._____ Phillips Petroleum Co______Dec. 5,1945 9.82622 rado for resale in and adjacent to the. Hugoton Field, Finney County, Kans______Kansas Nebraska Natural GaS Co. May 28,1953 il and community of Welby. Dec. 23,1953 This matter is one that should be dis­ Hugoton Field, Finney County, Kans. Colorado Interstate Gas Co. Aug. 26,1947 posed of as promptly as possible under and the applicable rules and regulations and July 17,1953 to that end: Take further notice that, pursuant to J ohn B. H awley, J a.. T rustee for T errell H awley the authority contained in and subject Hugoton Field, Texas County, Okla______Panhandle Eastern Pipe Line Co____ June 11,1952 9.8262 to the jurisdiction conferred upon the Northern Natural Gas Co______.... June 19,1951 11 Federal Power Commission by sections Hugoton Field, Seward County, Kans.__ ...... 7 and 15 of the Natural Gas Act, and the Commission’s rules of practice and pro­ G. A. Kane, G. S. Davidson, C. M. Un­ ceedings pursuant to the provisions of cedure," a hearing will be held on March derwood, H. Randolph, Rosita .Hawley § 1.30 (c) (1) or (2) of the Commission’s 7,1955, at 9:45 a. m., e. s. t., in a Hearing and Myra Hofmeister sell natural gas rules of practice and procedure. Room of the Federal Power Commission, produced from the Hugoton Fielçl, Fin­ Protests or petitions to intervene may 441 G Street NW., Washington, D. C., ney County, Kansas, to Cities Service be filed with the Federal Power Commis­ concerning the matters involved in and Gas Company at 11 cents per Mcf under sion, Washington 25, D. C., in accord­ the issues presented by such application: a contract between Cities Service Gas ance with the rules of practice and Provided, however, That the Commission Company and Stanolind Oil and Gas procedure (18 CFR 1.8 or 1.10) on or may, after a non-contested hearing, dis­ Company dated June 23, 1959. The re­ before the 1st day of March 1955. Fail­ pose of the proceedings pursuant to the spective applicants receive payment ure of any party to appear at and par­ provisions of § 1.30 (c) (1) or (2) of the from Stanolind. ticipate in the hearing shall be con­ Commission’s rules of practice and pro­ This matter is one that should be dis­ strued as waiver of and concurrence in cedure. posed of as promptly as possible under omission herein of the intermediate de­ Protests or petitions to intervene may the applicable rules and regulations and cision procedure in cases where a re­ be filed with the Federal Power Com­ to that end: « quest therefor is made. mission, Washington 25, D. C., in ac­ Take further notice that, pursuant to [ sea l] J . H . G u t r id e , the authority contained in and subject Acting Secretary. cordance with the rules of practice and to the jurisdiction conferred upon the procedure (18 CFR 1.8 or 1.10) on or be­ [F. R. Doc. 55-1445; Filed, Feb. 18, 1955; Federal Power Commission by sections 7 8:46 a. m.] fore March 1,1955. Failure of any party and 15 of the Natural Gas Act, and the to appear at and participate in the hear­ Commission’s rules of practice and pro­ ing shall be construed as waiver of and cedure, a hearing will be held on March concurrence in omission herein of the 10, 1955, at 9:30 a. m., e. s. t., in a [Docket No. G—4279] intermediate decision procedure in cases Hearing Room of the Federal Power U n ited G as P ip e L in e C o. where a request therefor is made. Commission, 441 G Street NW., Wash­ NOTICE OF APPLICATION AND DATE OF ington, D. C., concerning the matters in­ HEARING [ seal] . J. H. G u t r id e , volved in arid the issues presented by Acting Secretary. such application: Provided, however, F ebruary 10, 1955. [F. R. Doc. 55-1444; Filed, Feb. 18, 1955; That the Commission may, after a non- Take notice that United Gas Pipe Line 8:46 a. m.] contested hearing, dispose of the pro- Company (Applicant), a Delaware cor- Saturday, February 19, 1955 FEDERAL REGISTER 1083 poration whose address is Shreveport, Commission, all as more fully repre­ Commission authorized Applicant to de­ Louisiana, filed on October 18, 1954, an sented in the application which is on file liver up to 809 Mcf of natural gas per application for a certificate of public with the Commission and open for public day on a firm basis to Huntingdon Gas convenience and necessity pursuant to inspection. Company. section 7 of the Natural Gas Act, author­ Applicant produces natural gas from This matter is one that should be dis­ izing applicant to render service as here­ the Hayes Field, in Calcasieu and Jeffer­ posed of as promptly *as possible under inafter described, subject to the jurisdic­ son Davis Parishes, Louisiana, which gas the applicable rules and regulations and tion of the Commission, all as more fully is sold in interstate commerce to Trunk­ to that end: represented in the application which is line Gas Company (contract dated De­ Take further notice that, pursuant to on file with the Commission and open cember 24, 1952, price 9.55712 cents per the authority contained in and subject for public inspection. Mcf) for resale. to the jurisdiction conferred upon the Applicant proposed to tap its 30-inch This matter is one that should be dis­ Federal Power Commission by sections 7 Kosciusko line and construct and operate posed of as promptly as possible under and 15 of the Natural Gas Act, and the approximately 2,100 feet of 2-inch pipe­ the applicable rules and regulations and Commission’s rules of practice and pro­ line extending to Thomastown, Missis­ to that end: cedure, a hearing will be held on March sippi, together with necessary metering Take further notice that, pursuant to 14, 1955, at 9:30 a. m., e. s. t., in a Hear­ facilities, for the transportation and sale the authority contained in and subject ing Room of the Federal Power Com­ of natural gas to United Gas Corporation to the jurisdiction conferred upon the mission, 441 G Street NW., Washington, for resale in and adjacent to the village Federal Power Commission by sections D. C., concerning the matters involved of Thomastown. 7 and 15 of the Natural Gas Act, and the in and the issues presented by such ap­ Applicant has requested omission of Commission’s rules of practice and pro­ plication: Provided, however, That the the intermediate decision procedure arid cedure, a hearing will be held on March Commission may, after a non-contested that its application be heard under the 9, 1955, at 9:30 a. m., e. s. t., in a hearing hearing, dispose of the proceedings pur­ shortened procedure provided by § 1.32 room of the Federal Power Commission, suant to the provisions of § 1.30 (c) (1) (b) (18 FR 1.32 (b)) of the Commission’s 441 G Street NW., Washington, D. C., or (2) of the Commission’s rules of prac­ rules of practice and procedure. concerning the matters involved in and tice and procedure. This matter is one that should be dis­ the issues presented by such application: Protests or petitions to intervene may posed of as promptly as possible under Provided, however, That the Commis­ be filed with the Federal Power Commis­ the applicable rules and regulations and sion may, after a noncontested hearing, sion, Washington 25, D. C., in accordance to that end: dispose of the proceedings pursuant to with the rules of practice and procedure Take further notice that, pursuant to the provisions of § 1.32 (b) of the Com­ (18 CFR 1.8 or 1.10) on or before Feb­ the authority contained in and subject mission’s rules of practice and procedure. ruary 28, 1955. Failure of any party to to the jurisdiction conferred upon the Protests or petitions to intervene may appear at and participate in the hear­ Federal Power Commission by sections 7 be filed with the Federal Power Commis­ ing shall be construed as waiver of and and 15 of the Natural Gas Act, and the sion, Washington 25, D. C., in accordance concurrence in omission herein of the Commission’s rules of practice and pro­ with the rules of practice and procedure intermediate decision procedure in cases cedure, a hearing .will be held on March (18 CFR 1.8 or 1.10) on or before Feb­ where a request therefor is made. 7,1955, at 9:30 a. m., e. s. t., in a Hearing ruary 28, 1955. Failure of any party to [SEAL] J. H. GUTRIDE, Room of the Federal Power Commission, appear at and participate in the hearing Acting Secretary. 441 G Street NW., Washington, D. C., shall be construed as waiver of and con­ concerning the matters involved in and currence in omission herein of the inter­ [F. R. Doc. 55-1448; Filed, Feb. 18, 1955; the issues presented by such application: mediate decision procedure in cases 8:47 a. m.[ Provided, however, That the Commission where a request therefor is made. may, after a non-contested hearing, dis­ [SEAL] J. H. GUTRIDE, GENERAL SERVICES ADMIN­ pose of the proceedings pursuant to the Acting Secretary. provisions of § 1.32 (b) of the Commis­ ISTRATION [F. R. Doc. 55-1447; Filed, Feb. 18, 1955; sion’s rules of practice and procedure. A tto rn ey G eneral Protests pr petitions to intervene may 8:47 a. m.] be filed with the Federal Power Com­ DELEGATION OF AUTHORITY WITH RESPECT mission, Washington 25, D. C., in accord­ TO DISPOSAL BY LEASE OF THE FEDERAL ance with the rules of practice and pro­ JAIL AT KODIAK, ALASKA, OR SPACE cedure (18 CFR 1.8 or 1.10) on or before [Docket No. G-6857] THEREIN March 1, 1955. T exas E astern T ransmission C o rp. 1. By virtue of the authority vested in [SEAL] J. H. GUTRIDE, NOTICE OF APPLICATION AND DATE OF me by sections 203 and 205 of the Federal Acting Secretary. HEARING Property and Administrative Services Act of 1949 (63 Stat. 385, 390), herein­ [P. R. Doc. 55-4446; Piled, Feb. 18, 1955; F ebruary 10, 1955. after referred to as the act, I hereby 8:46 a. m.] Take notice that Texas Eastern Trans­ authorize the Attorney General to deter­ mission Corporation (Applicant), a Del­ mine whether the Federal Jail at Kodiak, aware corporation whose address is Alaska, or space therein, is required for Texas Eastern Building, Shreveport, the needs and responsibilities of Fed­ [Docket No. G-4407] Louisiana, filed an application on De­ eral agencies; and, upon determination H . L. H a w k in s et al. cember 15^1954, for a certificate of public that such property, or space therein, is convenience and necessity, pursuant to not so required, to dispose of it by nego­ NOTICE OF APPLICATION AND DATE OF section 7 of the Natural Gas Act, author­ tiated lease to the City of Kodiak, Alaska, HEARING izing Applicant to render service as upon such terms as may be deemed ad­ F ebruary 10, 1955. hereinafter described, subject to the ju­ vantageous to the United States. In the matter of H. L. Hawkins, H. L. risdiction of the Commission, all as more 2. Prior to such disposal of such prop­ Hawkins, Jr., and Frank S. Kelly, Jr. fully represented in the application erty, or space therein, the Attorney Gen­ Take notice that H. L. Hawkins, H. L. which is on file with the Commission and eral shall, by appropriate action, deter­ Hawkins, Jr., arid Frank S. Kelly, Jr. open for public inspection. mine whether any Federal agency has (Applicant), whose addresses are New Applicant requests authority to sell need therefor, and, if so, shall notify the Orleans, Louisiana, Houston, Texas, and and deliver up to 3,366 Mcf of natural gas General Services Administration, where­ Shreveport, Louisiana, respectively, filed per day (at 14.73 psia) through March upon the delegation of authority made on October 13, 1954, an application for 31, 1955, to Huntingdon Gas Company hereby shall become null and void. a certificate of public convenience and pursuant to its WPS Rate Schedule. 3. The Attorney General shall submit necessity pursuant to section 7 of the Huntingdon Gas Company would distrib­ to the appropriate committees of Con­ Natural Gas Act authorizing Applicant ute the gas in the Borough of Hunting­ gress an explanatory statement of the to render service as hereinafter de­ don, Pennsylvania. By order issued type required by section 203 (e) of the scribed, subject to the jurisdiction of the April 29, 1954, in Docket No. G-2340, the act, as amended by section 1 (i) of the 1084 NOTICES

act of July 12,1952, 66 Stat. 593, at least expiration of the 15-day period, a hear­ From: Red Rock, Ontario. thirty days prior to the consummation ing, upon a request filed within that To: Points in Michigan, Ohio, and of any lease negotiated pursuant hereto. period, may be held subsequently. West Virginia. A copy of each such statement shall be By the Commission. Grounds for relief: Rail competition, furnished the General Services Admin­ circuity, market competition, and addi­ istration. [ seal] G eorge W . L aird, tional origin. 4. The authority contained herein Secretary. Schedules filed containing proposed shall be exercised in accordance with the [F. R. Doc. 55-1458; Filed, Feb. 18, 1955; rates: Canadian National Railway, act and the regulations of the General 8:49 a. m.] I. C. C. No. E-501, supp. 10; Canadian Services Administration issued pursuant Pacific Railway, I. C. C. No. E-2597, thereto. supp. 20. 5. The authority delegated herein may Any interested person desiring the be redelegated by the Attorney Général [4th Sec. Application 30255] Commission to hold a hearing upon such to any other officer or employee of the I ro n and S teel B ill e ts F rom S t eelto n , application shall request the Commission Department of Justice. K y ., to N e w B edford, M a s s . in writing so to do within 15 days from 6. This delegation of authority shall the date of this notice. As provided by become effective on the date hereof. APPLICATION FOR RELIEF the general rules of practice of the Dated: February 16, 1955. F ebruary 16, 1955. Commission, Rule 73, persons other than The Commission is in receipt of the .applicants should fairly disclose their E dm und F. M a n su r e, interest, and the position they intend to Administrator. above-entitled and numbered applica­ tion for relief from the long-and-short- take at the hearing with respect to the [F. R. Doc. 55-1547; Filed, Feb. 18, 1955; haul provision of section 4 (1) of the application. Otherwise the Commission, 8:51 a. m.] Interstate Commerce Act. in its discretion, may proceed to investi­ Filed by: R. E. Boyle, Jr., Agent, for gate and determine the matters involved INTERSTATE COMMERCE carriers parties to schedule listed below. in such application without further or Commodities involved: Billets, iron or formal hearing. If because of an emer­ COMMISSION steel, carloads. gency a grant of temporary relief is [4th Sec. Application 30254] From: Steelton, Ky. found to be necessary before the expira­ To: New Bedford, Mass. tion of the 15-day period, a hearing, upon B it u m in o u s C oal F rom I n n e r and O uter Grounds for relief: Competition with a request filed within that period, may C r esc en ts D ist r ic t s and F rom O h io water, or water-rail carriers, and com­ be held subsequently. to A urora, I I I . petition with motor-water carriers. By the Commission. APPLICATION FOR RELIEF Schedules filed containing proposed rates: C. A. Spaninger, Agent, I. C. C. [ sea l] G eorge W . L aird, F ebruary 16, 1955. 1454, supp, 5. Secretary. The Commission is in receipt of the Any interested person desiring the [F. R. Doc. 55-1460; Filed, Feb. 18, 1955; above-entitled and numbered applica­ Commission to hold a hearing upon such .8:50 a. m.] tion for relief from the long-and-short- application shall request the Commis­ haul provision of section 4 (1) of the sion in writing so to do within 15 days Interstate Commerce Act. from the date of this notice. As pro­ Filed by: The Chicago and North vided by the general rules of practice of [4th. Sec. Application 30257] Western Railway Company, for itself the Commission, Rule 73, persons other S u lph a te o f P o tash F rom T ex a s and and on behalf of carriers parties to than applicants should fairly disclose tariffs referred to below. O klahom a to S outhwestern , W e st er n their interest, and the position they in­ T r u n k L in e , I l l in o is and G a tew ays Commodities involved: Bituminous tend to take at the hearing with respect T errito ries coal, carload. to the application. Otherwise the Com­ From: Inner and Outer Crescents dis­ mission, in its discretion, may proceed APPLICATION FOR RELIEF tricts and from Ohio. to investigate and determine the matters F ebruary 16, 1955. To: Aurora, 111. involved in such application without fur­ The Commission is in receipt of the Grounds for relief: Rail competition, ther or formal hearing. If because of circuity, and market competition. above-entitled and numbered applica­ an emergency a grant of temporary re­ tion for relief from the Iong-and-short- Schedules filed containing proposed lief is found to be necessary before the rates: haul provision of section 4 (1) of the expiration of the 15-day period, a hear­ Interstate Commerce Act. ing, upon a request filed within that Filed by: The Atchison, Topeka and Line Tariff ICC No. period, may be held subsequently. Santa Fe Railway Company, for itself By the Commission. and on behalf of carriers parties to B&O R R ...... C-3B 3081 schedule listed below. NYC & STL R R ...,___*...... 2135 6139 [ se a l ! G eorge W . L aird, NYC RR ...... 382-B 1139 Secretary. Commodities involved: Potash, sul­ NYC RR ...... 391-A 1240 phate of, carloads. PRR_...... 3262 2765 [F. R. Doc. 55-1459; Filed, Feb. 18, 1955; From: Fort Worth and Machovec, P&LE...... 354-A 348Ì 8:50 a. m.] SFA...... 833 1174 Tex., and Tulsa, Okla. W M d______9019 To: Points in southwestern, western trunk line, Illinois, and gateways terri­ Any interested person desiring the [4th Sec. Application 30256] tories. Commission to hold a hearing upon such Grounds for relief: Competition with application shall request the Commission N e w s p r in t P aper and G ro und W ood rail carriers,- and circuitous routes. in writing so to do within 15 days from P aper F rom R ed R o ck , O ntar io , to Schedules filed containing proposed the date of this notice. As provided by M ic h ig a n , O h io , and W e st V irg in ia rates: Atchison, Topeka and Santa Fe the general rùles of practice of the Com­ APPLICATION FOR RELIEF Railway Company, I. C. C. 14789. mission, Rule 73, persons other than Any interested person desiring the applicants should fairly disclose their F ebruary 16, 1955. Commission to hold a hearing upon such interest, and the position they intend to The Commission is in receipt of the application shall request the Commission take at the hearing with respect to the above-entitled and numbered application in writing so to do within 15 days from application. Otherwise the Commis­ for relief from the Iong-and-short-haul the date of this notice. As provided by sion, in its discretion, may proceed to provision of section 4 (1) of the Inter­ the general rules of practice of the Com­ investigate and determine the matters state Commerce Act. mission, Rule 73, persons other than ap­ involved in such application without Filed by: H. R. Hinsch, Agent, for car­ plicants should fairly disclose their in­ further or formal hearing. If because riers parties to schedules listed below. terest, and the position they intend to of an emergency a grant of temporary Commodities involved: Newsprint take at the hearing with respect to the relief is found to be necessary before the paper and ground wood paper, carloads. application. Otherwise the Commission, Saturday, February 19, 1955 FEDERAL REGISTER 1085 in its discretion, may proceed to investi­ [4th Sec. Application 30259] from the date of this notice. As provided gate and determine the matters involved F uller’s E arth F rom F aceville, G a., to by the general rules of practice of the in such application, without further or t h e S o u t h Commission, Rule 73, persons other than formal hearing. If because of an emer­ applicants should fairly disclose their gency a grant of temporary relief is APPLICATION FOR RELIEF interest, and the position they intend to found to be necessary before the expira­ F ebruary 16, 1955. take at the hearing with respect to the tion of the 15-day period, a hearing, The Commission is in receipt of the application. Otherwise the Commission, upon a request filed within that period, above-entitled and numbered applica­ in its discretion, may proceed to investi­ may be held subsequently. tion for relief from the long-and-short- gate and determine the matters involved in such application without further or By the Commission. haul provision of section 4 (1) of the Interstate Commerce Act. formal hearing. If because of an emer­ [se a l ] G eorge W . L aird, Filed by: R. E. Boyle, Jr., Agent, for gency a grant of temporary relief is Secretary. carriers parties to schedule listed below. found to be necessary before the expira­ Commodities involved: Clay, viz.: tion of the 15-day period, a hearing, [F. R. Doc. 55-1461; Filed, Feb. 18, 1955; upon a request filed within that period, . 8:50 a. m .] - fuller’s earth, carloads. From: Faceville, Ga. may be held subsequently. To: Points in southern territory. By the Commission. Grounds for relief: Rail competition, [se a l ] G eorge W . L aird, circuity, market competition, to apply Secretary. [4th Sec. Application 30258] rates constructed on the basis of the short line distance formula, and addi­ [F. R. Doc. 55-1465; Filed, Feb. 18, 1955; C la y , K a o lin or P yrophyllite , F rom tional origin. Schedules filed containing 8:51 a. m.] S o u th ern P roducing P o in t s to T rav­ proposed rates: C. A. Spaninger, Agent, elers R e st , S . C., H opkinsville , K y ., I. C. C. 1323, supp. 70. and A llo y , W . V a. Any interested person- desiring the Commission to hold a hearing upon such [4th Sec. Application 30260] APPLICATION FOR RELIEF application shall request the Commission L ogs F rom F r a n k l in , E m poria and L a F ebruary 16, 1955. in writing so to do within 15 days from C rosse, V a., to J effersonville and The Commission is in receipt of the the date of this notice. As provided by N e w A lba n y , I n d . above-entitled and numbered application the general rules of practice of the Com­ for relief from the long-and-short-haul mission, Rule 73, persons other than ap­ APPLICATION FOR RELIEF provision of section 4 (1) of the Inter­ plicants should fairly disclose their in­ F ebruary 16, 1955. state Commerce Act. terest, and the position they intend to The Commission is in receipt of the Filed by: R. E. Boyle, Jr., Agent for take at the hearing with respect to the above-entitled and numbered applica­ carriers parties to schedule listed below. application. Otherwise the Commission, in its discretion, may proceed to investi­ tion for relief from the long-and-short- Commodities involved: Clay, kaolin or gate and determine the matters involved haul provision of section 4 (1) of the pyrophyllite, carloads. in such application without further or Interstate Commerce Act. From: Specified points in Alabama, formal hearing. If because of an emer­ Filed by: R. E. Boyle, Jr., Agent, for Florida, Georgia, North Carolina, and gency a grant of temporary relief is carriers parties to schedule listed below. South Carolina. found to be necessary before the expira­ Commodities involved: Logs, native To: Travelers Rest, S. C., Hopkinsville, wood, carloads. tion of the 15-day period, a hearing, upon From: Franklin, Emporia, and La Ky., and Alloy, W. Va. a request filed within that period, may Crosse, Va. Grounds for relief: Rail competition, be held subsequently. To: Jeffersonville and New Albany, circuity, and to maintain grouping. By the Commission. Ind. Schedules filed containing proposed [ se a l ] G eorge W . L aird, Grounds for relief: Competition with Yates: C. A. Spaninger, Agent, I. C. C. Secretary. rail carriers, and circuitous routes. 1323, supp. 70. Schedules filed containing proposed Any interested person desiring the [F. R. Doc. 55-1463; Filed, Feb. 18, 1955; rates: C. A. Spaninger, Agent, I. C. C. 8:51 a. ■ m.] Commission to hold a hearing upon such 1297, supp. 72. application shall request the Commis­ Any interested person desiring the Commission to hold a hearing upon such sion in writing so to do within 15 days [4th Sec. Application 30261] from the date of this notice. 'As pro­ application shall request the Commis­ sion in writing so to do within 15 days vided by the general rules of practice C oal F rom K e n t u c k y and V ir g in ia to S o u t h G r eenw o o d, S . C. from the date of this notice. As pro­ of the Commission, Rule 73, persons vided by the general rules of practice other than applicants should fairly dis­ APPLICATION FOR RELIEF of the Commission, Rule 73, persons close their interest, and the position F ebruary 16, 1955. other than applicants should fairly dis­ they intend to take at the hearing with The Commission is in receipt of the close their interest, and the position they respect to the application. Otherwise above-entitled and numbered applica­ intend to take at the hearing with re­ the Commission, in its discretion, may tion for relief from the long-and-short- spect to the application. Otherwise the proceed to investigate and determine the haul provision of section 4 (1) of the Commission, in its discretion, may pro­ matters involved in such application Interstate Commerce Act. ceed to investigate and determine the without further or formal hearing. If Filed by: R. E. Boyle, Jr., Agent, for matters involved in such application because of an emergency a grant of carriers parties to Carolina, Clinchfield without further or formal hearing. If temporary relief is found to be necessary and Ohio Railway tariff,T. C. C. No. 205. because of an emergency a grant of tem­ before the expiration of the 15-day Commodities involved: Coal, carloads. porary relief is found to be necessary period, a hearing, upon a request filed From: Mines in eastern Kentucky and before the expiration of the 15-day pe­ southwest Virginia. riod, a hearing, upon a request filed within that period, may be held sub­ within that period, may be held sequently. To: South Greenwood, S. C. Grounds for relief: Rail competition, subsequently. By the Commission. 1 circuity, market competition and to By the Commission. maintain grouping. [seal] G eorge W . L aird, Any interested person desiring the [ seal] G eorge W . L aird, Secretary. Commission to hold a hearing upon such Secretary. [F. R. Doc. 55-1462; Filed, Feb. 18, 1955; application shall request the Commis­ [F. R. Doc. 55-1464; Filed, Feb. 18, 1955; 8:50 a. m.] sion in writing so to do within 15 days 8:51 a. m.] 1086 NOTICES INo. 31731] tinder the above numbered and titled SUBVERSIVE ACTIVITIES proceeding, that an investigation be, and I l l in o is and I nd ia n a I ntrastate Coal it is hereby, instituted in such proceeding CONTROL BOARD R ates to Chicago D ist r ic t with respect to the lawfulness of the [Docket No. 102-53] INVESTIGATION AND HEARING said intrastate rates in the States of Illinois and Indiana to determine L abor Y o u t h L eague — At a session of- the Interstate Com­ whether they are in violation of the registration as c o m m u n ist - fro nt merce Commission, Division 1, held at Interstate Commerce Act, as more ORGANIZATION its office in Washington, D. C., on the particularly set forth in the petition, and 8th day of February A. D. 1955. that the proceeding be assigned for hear­ Herbert Brownell, Jr., Attorney Gen­ In a petition, dated December 29, J954, ing with I. & S. No. 63b0 at 10:00 o’clock eral of the United States, Petitioner, v. filed with the Commission on January 3, a. m., U. S. s. t., March 28, 1955, at the Labor Youth League, Respondent. 1955, The Baltimore and Ohio Railroad rooms of the Illinois Commerce Commis­ Pursuant to section 13 (g) of the Sub­ Company and other common carriers by sion, 160 North LaSalle Street, Chicago, versive Activities Control Act of 1950 railroad operating to, from, and between 111., before Examiner Burton Fuller. (Title I of the Internal Security Act of points in the State of Illinois, or Indiana, It is further ordered, That all common 1950, 64 Stat. 987, et seq.) the Board on or both, aver that reduced intrastate carriers by railroad parties to the inter­ February 15, 1955, issued and caused to rates on bituminous fine coal moving by state and intrastate rates on bituminous be served on the parties of record, an common carriers by railroad from origins fine coal from mines in Illinois, Indiana, order reading as follows: in Illinois and Indiana to points in the and western Kentucky to points in the The Board having this day issued its Re­ Chicago Switching District in Illinois said district, be, and they are hereby, port in which, after hearing upon a petition and Indiana, which became effective De­ filed under subsection (a) of section 13 of cember 14, 1954, under authority of the made respondents in this proceeding. the Subversive Activities Control Act of Illinois Commerce Commission and the It is further ordered, That copies of 1950, tbe Board finds and determines that Public Service Commission of Indiana, this order be served on respondents; that the Labor Youth League, respondent herein, the States of Illinois and Indiana be is a Communist-front organization under respectively, are unlawful in violation of the provisions of the said act; sections 3 and 13, of the Interstate Com­ formally notified of this proceeding by It is ordered, That the said respondent, merce Act, as more particularly set forth sending copies of this order and of the Labor Youth League, shall register as a in the petition. The petitioners request said petition by registered mail to the Communist-front organization under and this Commission to prescribe rates on the Governors of said States, to the Illinois pursuant to section 7 of the Subversive Ac­ above-described \traffic to remove such Commerce Commission at Chicago, HI., tivities Control Act of 1950. A copy of this alleged unlawfulness. order shall forthwith be served On the Labor and tjhe Public Service Commission of Youth League. In I. & S. No. 6300, Fine Coal—Mid­ Indiana, Indianapolis, Indiana, and that western Mines to Chicago, the Commis­ By the Board. sion has entered upon an investigation the general public be notified by posting a copy of this order in the office of the (Signed) Thomas J. Herbert, Chair- into the lawfulness of related reduced man, (Signed) Harry P. Cain, interstate rates on bituminous fine coal Secretary of this Commission, and by Member, (Signed) David J. Cod- from mines in Illinois, Indiana, and west­ filing a copy with the Director, Division daire, Member, (Signed) Kathryn ern Kentucky to points in said District. of the Federal Register, Washington, McHale, Member, (Signed) Wat­ Upon consideration of the petition, the D. C. son B. Miller, Member. reply thereto by the Chicago, Burlington By the Commission, Division 1. Washington, D. C., February 15, 1955. and Quincy Railroad Company, and the [se a l ] T homas J . H erbert, matters under investigation in I. & S. [ sea l] G eorge W . L aird, Chairman. No. 6300, and for good cause appearing : Secretary. F ebruary 16, 1955. It is ordered, That the petition be, [F. R. Doc. 55-1466; Filed, Feb. 18, 1955; [F. R. Doc. 55-1502; Filed, Feb. 18, 1955; and it is hereby, received and docketed 8:51 a. m.l 10:06 a. m.l