Pages 4787-4845 FEDERAL REGISTER VOLUME 29 1 934 NUMBER 67 0 * O/\i i t £ 0 * Washington, Saturday, April 4, J 964

Contents THE PRESIDENT CIVIL SERVICE COMMISSION Proposed Rule Making Rules and Regulations Fraudulent billing practices of standard, FM, and television EXECUTIVE ORDER Excepted se rv ic e ; Emergency broadcast stations______4806 Federal Reconstruction and De­ Planning Office______4791 Secondary frequency assignments, velopment Planning Commis­ California ______4808 sion for Alaska; establishment- 4789 COAST GUARD Notices Notices EXECUTIVE AGENCIES Advisory Committee for Land Mo­ New London Harbor; closure to bile Service; establishment___ 4818 AGRICULTURAL MARKETING navigation during launching of Frequency allocation______4820 “USS Greenling”______4815 Land Mobile Service; frequency SERVICE spacing and sharing______4820 Rules and Regulations COMMERCE DEPARTMENT Lewis, Joseph F., Jr.; show cause Fruit grown in Arizona and Cali- ' Notices order______4834 for nia; handling limitations: Frazza, Louis F.; statement of ■ Hearings, etc.: Lemons ____-_____ —— _ 4792 changes in financial interests_4816 Blackhawk Broadcasting Co. Oranges: (WSDR) (2 documents) _ 4834, 4835 Navel — ______4791 CUSTOMS BUREAU Community Broadcasting Serv­ Valencia (2 documents) _ 4791,4792 Proposed Rule Making ice, Inc., et al______4835 Proposed Rule Making Salem Broadcasting Co______4836 Customs employees; reimburse­ WHDH, Inc. (WHDH-TV) et Poultry and products thereof; in­ ment of charges for services a l.______4836 spection______4804 and expenses______4804 Notices FEDERAL MARITIME Rudnick Livestock Sales Co., Inc., DEFENSE DEPARTMENT et al.; deposting of stockyards. 4815 See Navy Department. COMMISSION Notices AGRICULTURE DEPARTMENT EMERGENCY PLANNING OFFICE Agreements: See also Agricultural Marketing Notices Farrell Lines, Inc., and Delta Service. Kentucky; amendment to major Steamship Lines, Inc______4837 Notices disaster notice______4842 United States Lines Co. and North Dakota and Wisconsin; Isthmian Lines, Inc___ -___ 4837 designation of areas for emer­ FEDERAL AVIATION AGENCY United States Lines Co. and gency loans______4816 Rules and Regulations Matson Navigation Co.; ter­ mination______4837 Control zones, alteration; and des­ ATOMIC ENERGY COMMISSION ignation of transition areas___ 4793 Notices FEDERAL POWER COMMISSION Proposed Rule Making New York University; application Valparaiso, Fla.; special air traffic Notices for facility license______4816 rule______4805 Hearings, etc.: CIVIL AERONAUTICS BOARD Cities Service Gas Co______4839 FEDERAL COMMUNICATIONS Colorado Interstate Gas Co. Notices 'tk COMMISSION and Kansas Colorado Utilities, Alaska Airlines, Inc., et al.; agree­ > In c ______4839 ments; order for reply and com­ Rules and Regulations Cumberland and Allegheny Gas m ents--...... 4816 Land Transportation Radio Serv­ Co______1...... 4840 Kodiak Airways, Inc.; service mail ices; frequencies available for Interstate Power Co______4840 ‘Tates; show cause order______4817 base and mobile stations____ 4802 Pan American Petroleum Corp. Thrift class fare investigation; Practice and procedure; interpre­ et al______— _____ 4837 hearing______4317 tations regarding fee schedule— 4801 (Continued on next page) 4787 4788 CONTENTS

FEDERAL TRADE COMMISSION INDIAN AFFAIRS BUREAU NAVY DEPARTMENT Rules and Regulations Rules and Regulations Rules and Regulations Prohibited trade practices: Operation and maintenance Personnel and claims; miscel­ Aansworth, Ltd., et al______4793 charges, Fort Belknap Indian laneous amendments______4793 Benrus Watch Co., Inc., et al__ 4794 Irrigation Project, Montana 4798 Central Linen Service Co., Inc., Sale of forest products, Red Lake et al______4795 Indian Reservation, Minn___4797 SECURITIES AND EXCHANGE Gruen Industries, Inc., and COMMISSION Gruen Watch Co______.,_ 4796 INTERAGENCY TEXTILE Notices - Waltham Watch Co. et al____ _ 4796 ADMINISTRATIVE COMMITTEE Hearings, etc.: Notices « Gulf Power Co______4841 FISH AND WILDLIFE SERVICE Certain cotton textiles produced Western California Telephone Rules and Regulations or manufactured in Pakistan; Co------4841 Sport fishing at Santee National prohibition on entry or with­ drawal from warehouse____4841 Wildlife Refuge, South Caro­ SMALL BUSINESS lina; correction. ______4803 I n t e r io r d e p a r t m e n t ADMINISTRATION See Fish and Wildlife Service ; In­ FOOD AND DRUG Proposed Rule Making dian Affairs Bureau; Land Small business investment com­ ADMINISTRATION Management Bureau. panies; withdrawal of proposal Rules and Regulations INTERSTATE COMMERCE requiring additional information Foods; optional ingredients: COMMISSION in certain financial reports____ 4813 Jellies and preserves------4803 Notices Mayonnaise, french dressing Proposed Rule Making Regional directors; authority dele­ and salad dressing______4803 Motor carrier employees, and op­ gation ______4842 eration and equipment; quali­ fications and maximum hours of HEALTH, EDUCATION, AND service, and safety (2 docu­ TARIFF COMMISSION WELFARE DEPARTMENT ments) ______4813, 4814 Notices Notices See Food and Drug Administra­ Glass, flat, drawn or blown; in­ tion. Fourth section applications for vestigation and hearing______4842 relief______4843 Peat moss from Canada; determi­ Motor carrier transfer proceed­ nation of no injury or likelihood HOUSING AND HOME ings______4843 FINANCE AGENCY thereof______4843 Notices LAND MANAGEMENT BUREAU Urban Renewal Commissioner and Notices TREASURY DEPARTMENT Regional Administrators; au­ Alaska; proposed withdrawal and See Coast Guard; Customs Bu­ thority delegation______4840 reservation of lands______4815 reau.

Codification Guide

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1964, and specifies how they are affected.

3 CFR 16 CFR 32 CFR 4798 Executive Order: 13 (5 docum ents)______719 11150______— 4789 750 4798 751 4798 5 CFR 19 CFR 213______4791 P roposed R ules: 47 CFR 24 4804 1 4801 7 CFR 03 4802 907 ______■______4791 P roposed R ules: 908 (2 documents)______4791,4792 21 CFR 7 3 • ___ 4806 910______4792 4808 * 5 4803 89_. 4808 P roposed R ules: 29__ 4803 91— 81______4804 93 4808 13 CFR 25 CFR 49 CFR P roposed R ules: Proposed R ules: 107______4813 144...... ______4797 4813 «Ol 4798 191 — ______4814 14 CFR > 192- 71 [New!______4793 50 CFR Proposed R ules: 4803 93 [New]______4805 33

\ Presidential Documents

Title 3— THE PRESIDENT Executive Order 11150 ESTABLISHING THE FEDERAL RECONSTRUCTION AND DEVELOPMENT PLANNING COMMISSION FOR ALASKA WHEREAS the people of the State of Alaska have experienced death, injury and property loss and damage of staggering proportions as a result of the earthquake of March 27,1964; and WHEREAS the President, acting pursuant to authority granted in the Act of September 30, 1950? as amended (42 TJ.S.C. 1855-1855g), has declared a major disaster in those areas of Alaska adversely af­ fected by the earthquake beginning on March 27, 1964; and WHEREAS the Federal Government and the State of Alaska desire to cooperate in the prompt reconstruction of the damaged Alaska com­ munities ; and WHEREAS the Federal and State Governments have a common interest in assuring the most effective use of Federal and State pro­ grams and funds in advancing reconstruction and the long-range de­ velopment of the State; and W HEREAS such effective use is dependent upon coordination of Federal and State programs, including emergency reconstruction ac­ tivities, which affect general economic development of the State and the long-range conservation and use of natural resources; and WHEREAS the Governor of Alaska has declared his intention to establish a State commission for reconstruction and development planning: NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows: S ection 1. Establishment of Commission, (a) There is hereby established the Federal Reconstruction and Development Planning Commission for Alaska (hereinafter referred to as the Commission). (b) The Commission shall be composed of a Chairman, who shall be designated by the President, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Com­ merce, the Secretary of Labor, the Secretary of Health, Education, and Welfare, the Administrator of the Federal Aviation Agency, the Housing and Home Finance Administrator, the Administrator of the Small Business Administration, the Chairman of the Federal Power Commission, and, so long as the President’s declaration of a major disaster is in effect, the Director of the Office of Emergency Planning. Each agency head may designate an alternate to represent him at meetings of the Commission which he is unable to attend. (c) The Chairman may request the head of any Federal executive department or agency who is not a member of the Commission under the provisions of subsection (b), above, to participate in meetings of the Commission concerned with matters of substantial interest to such department or agency head. (d) The President shall designate an Executive Director -of the Commission, whose compensation shall be fixed in accordance with the standards and procedures of the Classification Act of 1949, as amended. 4790 THE PRESIDENT

S ec. 2. Functions of the Commission, (a) The Commission shall develop coordinated plans for Federal programs which contribute to reconstruction and to economic and resources development in Alaska and shall recommend appropriate action by the Federal Government to carry out such plans. (b) When the Governor of Alaska has designated representatives of thenState of Alaska for purposes related to this order, the Commission shall cooperate with such representatives in accomplishing the following: (1) Making or arranging for surveys and studies to provide data for the development of plans and programs for reconstruction and for economicand resources development in Alaska. (2) Preparing coordinated plans for reconstruction and economic and resources development in Alaska deemed appropriate to carry out existing statutory^responsibilities of Federal, State, and local agencies. Such plans shall be designed to promote optimum benefits from the expenditure of Federal, State, and local funds for consistent objectives and purposes. (3) Preparing recommendations to the President and to the Gov­ ernor of Alaska with respect to both short-range and long-range pro­ grams and projects to be carried out by Federal, State, or local agencies, including recommendations for such additional Federal or State legis­ lation as may be deemed necessary and appropriate to meet reconstruc­ tion and development needs. S ec. 3. Commission'procedures, (a) The Commission shall meet at the call of the Chairman. (b) The Commission may prescribe such regulations as it deems necessary for the conduct of its affairs, and may establish such field committees in Alaska as may be appropriate. (c) Personnel assigned to the Commission shall be directed and supervised by the Executive Director of the Commission. Activities of the staff shall be carried out, under the general direction and supervision of the Chairman, in accordance with such policies and programs as may be approved by the Commission. (d) The Chairman of the Commission shall report to the President from time to time on progress and accomplishments. S ec. 4. Agency cooperation, (a) Each Federal agency represented on the Commission shall, consonant with law, cooperate with the Com­ mission to expedite and facilitate its work. Each such agency shall, as may be necessary, furnish assistance to the Commission in accord­ ance with the provisions of section 214 of the Act of May 3,1945 (59 Stat. 134; 31 U.S.C. 691). (b) Other Federal agencies shall, to the extent permitted by law, furnish the Commission such information or advice bearing Upon the work of the Commission as the Chairman may from time to time request. S ec. 5. Construction. Nothing in this order shall be construed as subjecting any Federal agency or officer, or any function vested by law in, or assigned pursuant to law to, any Federal agency or officer, to the authority of the Commission or of any other agency or officer, or as abrogating any such function in any manner. L yndon B. J ohnson Approved : T he W hite H ouse, April 2,196If,. [F.R. Doc. 64-3378; Filed, Apr. 3, 1964 ; 9:56 a.m.] Rules and Regulations

public interest to give preliminary no­ [Valencia Orange Reg. 77] Title 5— ADMINISTRATIVE tice, engage in public rule making pro­ cedure, and postpone the effective date PART 908— VA LEN CIA ORAN GES PERSONNEL of this section until 30 days after pub­ GROWN IN ARIZONA AND DES­ lication hereof in the F ederal R egister IGNATED PART OF CALIFORNIA Chapter I— Civil Service Commission (5 U.S.C. ld01-1011) because the time PART 213— EXCEPTED^ERVICE intervening between the date when in­ Limitation of Handling formation upon which this section is § 908.377 Valencia Orange Regulation Office of Emergency Planning based became available and the time 77. when this section must become effective Section 213.3326 is amended to show in order to effectuate the declared policy (a) Findings. (1) Pursuant to the the addition of a new position, Legal Ad­ of the act is insufficient, and a reason-; marketing agreement, as amended, and viser. Effective upon publication in the able time is permitted, under the cir­ Order No. 908, as amended (7 CFR Part Federal Register, subparagraph (4) is cumstances, for preparation for such 908 ; 27 F.R. 10089), regulating the added to paragraph (a) of § 213.3326 as effective time; and good cause exists for handling of Valencia oranges grown in set out below. making the provisions hereof effective Arizona and designated part of Cali­ § 213.3326 Office of Emergency Plan­ as hereinafter set forth. The committee fornia, effective under the applicable ning. * held an open meeting during the current provisions of the Agricultural Marketing (a) Office of the Director. * * * week, after giving due notice thereof, to Agreement Act of 1937, as amended (7 (4) Legal Adviser. consider supply and market conditions U.S.C. 601-674), and upon the basis of * * * * * for navel oranges and the need for regu­ the recommendations and information (R.S. 1753, sec. 2, 22 Stat. 403, as amended; lation; interested persons were afforded submitted by the Valencia Orange Ad­ 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, an opportunity to submit information ministrative Committee, established un­ 3 CFR, 1954-1958 Comp., p. 218) and views at this meeting; the recom­ der tire said amended marketing agree­ mendation and supporting information ment and order, and upon other avail­ . * United S tates Civil S erv­ for regulation during the period specified able information, it is hereby found that ice Commission, herein were promptly submitted to the the limitation of handling of such Va­ [seal] Mary V. Wenzel, Department after such meeting was held; lencia oranges, as hereinafter provided, Executive Assistant to the provisions of this section, including will tend to effectuate the declared policy the Commissioners. its effective time, are identical with the of the act. [F.R. Doc. 64-3292; Filed, Apr. 3, 1964; aforesaid recommendation of the com­ (2) It is hereby further found that it 8:47 a.m.] mittee, and information concerning such is impracticable and contrary to the pub­ provisions and effective time has been lic interest to give preliminary notice, disseminated among handlers of such engage in public rule-making procedure, navel oranges; it is necessary, in order, and postpone the effective date of this Title 7— AGRICULTURE to effectuate the declared policy of the section until 30 days after publication Chapter IX— Agricultural Marketing act, to make this section effective during hereof in the F ederal R egister (5 U.S.C. the period herein specified; and com­ 1001- 1011) because the time interven­ Service (Marketing Agreements -and pliance with this section will not require ing between the date when information Orders;, Fruits, Vegetables, Tree any special preparation on the part of upon which this section is based be­ Nuts), Department of Agriculture persons subject hereto which cannot be came available and the time when this [Navel Orange Reg. 58] completed on or before the effective date section must become effective in order hereof. Such committee meeting was to effectuate the declared policy of the PART 907— NAVEL ORANGES held on April 2,1964. act is insufficient, and a reasonable time GROWN IN ARIZONA AND DESIG­ (b) Order. (1) The respective quan­is permitted, under the circumstances, NATED PART OF CALIFORNIA tities of navel oranges grown in Arizona for preparation for such effective time; and designated part of California which and good cause exists for making the Limitation of Handling may be handled during the period be­ provisions hereof effective as hereinafter § 907.358 Navel Orange Regulation 58. ginning at 12:01 ana., P.s.t., April 5,1964, set forth. The committee held an open and ending at 12:01 ana., P.s.t., April 12, meeting during the current week, after '(ay Findings. (1) Pursuant to the 1964, are hereby fixed as follows; giying due notice thereof, to consider marketing agreement, as amended, and (1) District 1: Unlimited movement; supply and market conditions for Valen­ Order No. 907, as amended (7 CFR Part (ii) District 2: 700,000 cartons; cia oranges and the need for regulation; 907), regulating the handling of navel (iii) District 3: Unlimited movement; interested persons were afforded an op­ oranges grown in Arizona and desig­ (iv) District 4: Unlimited movement. portunity to submit information and nated part of California, effective under (2) As used in this section, “handled,” views at this meeting; the recommenda­ the applicable provisions of the Agri­ “District 1,” “District 2,” “District 3,” tion and supporting information for reg­ cultural Marketing Agreement Act of “District 4,” and “carton” have the same ulation during the period specified herein 1937, as amended (7 U.S.C. 601-674), meaning as when used in said amended were promptly submitted to the Depart­ / and upon the basis of the recommen­ marketing agreement and order. ment after such meeting was held; the dations and information submitted provisions of this section, including by the Navel Orange Administrative (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. its effective time, are identical with the Committee, established under the said 601-674) aforesaid recommendation of the com­ amended marketing agreement and or­ Dated: April 3,1964. mittee, and information concerning such der, and upon other available informa­ provisions and effective time has been tion, it is hereby found that the limita­ P aul A. N icholson, disseminated among handlers of such tion of handling of such navel' oranges, Deputy Director, Fruit and Veg­ Valencia oranges; it is necessary, in as hereinafter provided, will tend to ef­ etable Division, Agricultural order to effectuate the declared policy of fectuate the declared policy of the act. Marketing Service. the act, to make this section effective ^ ( 2) It is hereby further found that [F.R. Doc. 64-3407; Filed, Apr. 3, 1964; during the period herein specified; and | it is impracticable and contrary to the 11:24 am.] compliance with this section will not 4791 4792 RULES AND REGULATIONS require any special preparation on the visions hereof effective as hereinafter set Committee, established under the said part of persons subject hereto which forth. The committee held an open amended marketing agreement and or­ cannot be completed on or before the meeting during the past week, after der, and upon other available informa­ effective date hereof. Such committee giving due notice thereof, to consider tion, it is hereby found that the limita­ meeting was held on April 2, 1964. supply and market conditions for Valen­ tion of handling of such lemons as here­ (b) Order. (1) The respective quanti­cia oranges and the need for regulation; inafter provided will tend to effectuate ties of Valencia oranges grown in Ari­ interested persons were afforded an op­ the declared policy of the act. zona and designated part of California portunity to submit information and (2) It is hereby further found that it which may be handled during the period views at this meeting; the recommen­ is impracticable and contrary to the pub­ beginning at 12:01 a.m., P.s.t., April 5, dation and supporting information for lic interest to give preliminary notice, 1964, and ending at 12:01 a.m., P.s.t., regulation during the period specified engage in public rule making procedure! April 12, 1964, are hereby fixed as herein were promptly submitted to the and postpone the effective date of this follows: Department after such meeting was section until 30 days after publication (1) District 1: 249,487 cartons; held; the provisions of this section, in­ hereof in the F ederal R egister (5 U.S.C. (ii) District 2: Unlimited movement; cluding its effective time, are identical 1001- 1011) because the time intervening (iii) District 3: 225,000 cartons. with the aforesaid recommendation of between the date when information upon (2) As used in this section, “handled,” the committee, and information con­ which this section is based became avail­ “handler,” “District 1,” “District 2,” and cerning such provisions' and effective able and the time when this section must “District 3,” and “carton” have the same time has been disseminated among become effective in order to effectuate meaning as when used in said amended handlers of such Valencia oranges; it is the declared policy of the act is insuffi­ marketing agreement and order. necessary, in order to effectuate the de­ cient, and a reasonable time is per­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. clared policy of the act, to make this mitted, under the circumstances, for 601-674) section effective during the period herein preparation for such effective time; and specified; and compliance with this sec­ good cause exists for making the pro­ Dated: April 3,1964. tion will not require any special prepara­ visions hereof effective as hereinafter set P aul A. Nicholson, tion bn the part of persons subject hereto, forth. The committee held an open Deputy Director, Fruit and which cannot be completed on or before meeting during the current week, after Vegetable Division, Agricul­ the effective date hereof. Such commit­ giving due notice thereof, to consider tural Marketing Service. tee meeting was held on March 26, 1964. supply and market conditions for lemons [F.R. Doc. 64-3408; Filed, Apr. 3, 1964; (b) Order. (1) During the periodand the need for regulation; interested 11:24 a.m.] beginning at 12:01 a.m., P.s.t., April 5, persons were afforded an opportunity to 1964, and ending at' 12:01 a.m., P.s.t., submit information and views at this January 31,1965, no handler shall handle meeting; the recommendation and sup­ [Valencia Orange Reg. 78] any Valencia oranges grown in District porting information for regulation dur­ PART 908— VALEN CIA ORAN GES 2 which are of a size smaller than 2.20 ing the period specified herein were inches in diameter, which shall be the promptly submitted to the Department GROWN IN ARIZONA AND DESIG­ largest measurement at a right angle to after such meeting was held; the pro­ NATED PART OF CALIFORNIA a straight line running from the stem visions of this section, including its ef­ Limitation of Handling to the blossom end of the fruit, except fective time, are identical with the afore­ that not to exceed 5 percent, by count, said recommendation of the committee, § 908.378 Valencia Orange Regulation of the oranges in any type of container and information concerning such pro­ 78. may measure smaller than 2.20 inches visions and effective time has been dis­ (a) Findings. (1) Pursuant to thein diameter. seminated among handlers of such marketing agreement, as amended, and (2) As used in this section, “handle,”lemons; it is necessary, in order to ef­ Order No. 908, as amended (7 CFR Part “handler,” and “District 2” shall have fectuate the declared policy of the act, 908; 27 F.R. 10089), regulating the the same meaning as when used in the to make this section effective during the handling of Valencia oranges grown in said amended marketing agreement and period herein specified; and compliance Arizona and designated part of Califor­ order. with this section will not require any nia, effective under the applicable pro­ (Secs. 1-19, 43 Stat. 31, as amended; 7 U.S.C. special preparation on the part of per­ visions of the Agricultural Marketing 601-674) sons subject hereto which cannot be Agreement Act of 1937, as amended (7 completed on or before the effective date U.S.C. 601-674), and upon the basis of Dated: April 3,1964. hereof. Such committee meeting was the recommendations and information Paul A. N icholson, held on March 31,1964. submitted by the Valencia Orange Ad­ Deputy Director, Fruit'and Veg­ (b) Order. (1) The respective quan­ ministrative Committee, established un­ etable Division, Agricultural tities of lemons grown in California and der the said amended marketing agree­ Marketing Service. Arizona which may be handled during ment and order, and upon other available the period beginning at 12:01 a.m., P.s.t., information, it is hereby found that the [F.R. Doc. 64-3409; Filed, Apr. 3, 1964; April 5, 1964, and ending at 12:01 a.m., limitation of handling of such Valencia 11:24 a.m.] P.s.t., April Î2, 1964, are hereby fixed as oranges as hereinafter provided, will tend follows: (1) District 1: 4,650 cartons; to effectuate the declared policy of the [Lemon Reg. 105] act. (ii) District 2: 186,000 cartons; (2) It is hereby further found that It PART 910— LEMONS GROWN IN (iii) District 3: Unlimited movement., is impracticable and contrary to the CALIFORNIA AND ARIZONA (2) As used in this section, “handled,” public interest to give preliminary notice, “District 1.” “District 2,” “District 3,” engage in public rule making procedure, Limitation of Handling and “carton” have the same meaning as when used in the said amended market­ and postpone the effective date of this § 910.405 Lemon Regulation 105. section until 30 days after publication ing agreement and order. hereof in the F ederal R egister (5 U.S.C. (a) Findings. (1) Pursuant to the(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 1001- 1011) because the time intervening marketing‘agreement, as amended, and 601-674) between the date when information upon Order No. 910, as amended (7 CFR Part which this section is based became avail­ 910; 27 F.R. 8346), regulating the han­ Dated : April 2,1964. able and the time «when this section dling of lemons grown in California and P aul A. Nicholson, must become effective in order to effec­ Arizona, effective under the applicable Deputy Director, Fruit and tuate the declared policy of the act is provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 Vegetable Division, Agricul­ insufficient, and a reasonable time is per­ tural Marketing Service. mitted, under the circumstances, for U.S.C. 601-674), and upon the basis of preparation for such effective time; and the recommendation and information [F.R. Doc. 64-3353; Filed, Apr. 3, 1964; good cause exists for making the pro­ submitted by the Lemon Administrative 8:51 a.m.] Saturday, April 4,1964 FEDERAL REGISTER 4793

Norfolk, Va. (NAS Norfolk). b . Title 14-AERONAUTICS AND Within a 5-mile radius of .NAS Norfolk Franklin, Va. (latitude 36°56'15" N., longitude 76°17°15" That airspace extending upward from 700 W.) and within 2 miles each side of the feet above the surface within a 5-mile radius SPACE NAS Norfolk RR W course, extending from of Franklin Municipal . Airport (latitude the 5-mile radius zone to 8 miles W of the Chapter I— Federal Aviation Agency 36°41'50" N., longitude 76°54'15" W.), RR, excluding the portion subtended by a within 2 miles each side of the Franklin VOR SUBCHAPTER E— AIRSPACE [NEW] chord drawn between the points of intersec­ 101° radial, extending from the 5-mile radius tion of the 5-mile radius zone with the Nor­ [Airspace Docket No. 63-EA-19] area to the VOR, and within 2 miles each folk, Va (Norfolk Municipal), control zone, side of the 083° bearing from the Franklin PART 71— DESIGNATION OF FEDERAL and excluding the portion within a 1-mile Municipal Airport, extending from the 5-mile . radius of Walker AAF, Hampton, Va. (lati­ radius area to 6 miles E of the airport. airw ays, c o n t r o lled a ir s p a c e , t u d e 37°00'55" N., longitude 76°18'10" W.). and REPORTING POINTS [NEW] These amendments shall become effec­ d. The Hampton Roads, Va., control tive 0001 e.s.t., May 26, 1964. Alteration of Control Zones and Des­ zone is amended to read: (Secs. 307(a), 1110, 72 Stat. 749, 800; 49 U.S.C. ignation of Transition Areas Hampton Roads, Va. Within a 5-mile radius of Langley AFB, 1348, 1510, E.O. 10854, 24 PR. 9565) On July 18, 1963, a notice of proposed Hampton Roads, Va. (latitude 37®05'05" N., Issued in Washington, D.C., on March rule making was published in the F ederal longitude 76°21'25" W.), within 2.5 miles NW and 2 miles SE of the 066° bearing from 27, 1964. register (28 F.R. 7350) stating that the D aniel E. B arrow, Federal the Morrison RBN, extending from the 5-mile Aviation Agency (FAA) pro­ radius zone to the RBN, within 2 miles each Acting Chief, Airspace Regulations posed to alter the Oceana, Norfolk (Nor­ side of thè Langley AFB TACAN 078° radial, and Procedures Division. folk Municipal), Norfolk (NAS Norfolk), extending from the 5-mile radius zone to [FJEt. Doc. 64-3274; Filed, Apr. 3, 1964; Hampton Roads, Newport News, Va., 6 miles E of the TACAN, excluding the por­ 8:45 am.] control zones and designate the Nor­ tion within a 1-mile radius.x>f Walker AAF, folk and Franklin, Va., transition areas. Hampton, Va. (latitude 37°00'55'' N., longi­ Subsequent to the publication of the tude 76°18'10" W.). notice, the FAA determined that the con­ e. The Newport News, Va., control Title 16-COMMERCIAL trol zone surrounding Felker AAF should zone is amended to read: be place-name identified Fort Eustis, Va., Newport News, Va. PRACTICES control zone rath«: than Hampton, Va., Within a 5-mile radius of Patrick Henry as proposed in the notice. Also, a re­ Airport, Newport News, Va. (latitude Chapter I— Federal Trade Commission stricted area, R-5301B-, was designated 37°07'47" N., longitude 76°29'46" W.) and [Docket C-722] (28 F.R. 11451) which, in part, coincides within 2 miles each side of the Patrick Henry with the portion of the Norfolk transi­ Airport ILS localizer SW course, extending PART 13— PROHIBITED TRADE tion area proposed with a floor of 1,200 from- the 5-mile radius zone to 7 miles SW PRACTICES feet above the surf ace. of the OM, excluding the portion within the Hie actions taken herein reflect the Hampton Roads, Va., control zone. Aansworfh, Ltd., et al. aforementioned place-name change and f. The following control zone is added: Subpart—Furnishing false guaran­ provide for the exclusion of R-5301B Fort Eustis, Va. ties: § 13.1053 Furnishing false guaran­ in the description of the Norfolk transi­ Within a 3-mile radius of Felker AAF, Fort ties; § 13.1053-80 Textile Fiber Products tion area. , Eustis, Va. (latitude 37®07'55'' N., longitude Identification Act. Subpart—Misbrand­ Interested persons were afforded an 76°36'30" W.), within 2 miles each side of ing or mislabeling: § 13.1212 Formal reg­ the 320® bearing from the Felker AAF RBN ulatory and statutory requirements; opportunity to participate in the mak­ (latitude 37°08'28" N., longitude 76°37'07" ing of the rules herein adopted. All W.), extending from the 3-mile radius zone § 13.1212-85 Textile Fiber Products comments received were favorable. to 5 miles NW of the RBN, and within 2 Identification Act. Subpart—Neglecting, The substance of the proposed amend­ mil as each side of the Felker AAF Runway unfairly or deceptively to make material ments having been published and for the 13 extended centerline, extending from the disclosure: § 13.1852 Fofmal regulatory reasons stated herein and in the notice, 3-mile radius zone to 4 miles NW of the NW and statutory requirements; § 13.1852- the following actions are taken: end of the Runway 18, excluding the portion 70 Textile Fiber Products Identification 1. In § 71.171 (29 F.R. 1101) the fol­within the Newport News, Va., control zone. Act. lowing actions are taken: 2. In § 71.181 (29 F.R. 1160) the fol­(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret a. The Oceana, Va., control zone Is lowing transition areas are added: or apply sec. 5, 38 Stat. 719, as amended; 72 amended to read: Norfolk, Va. Stat. 1717; 15 U.S.C. 45, 70) [Cease and Oceana, Va. That airspace extending upward from 700 desist order, Aansworth, Ltd., et al., New Within a 5-mile radius of NAS Oceana, Va., feet above the surface bounded by a line York, N.Y., Docket C-722, Mar. 16, 1964] (latitude 36°49'30" N., longitude 76°01'50" beginning at latitude 37°10'35” N., longitude In the Matter of Aansworth, Ltd., a Cor­ W.), within 2 miles each side of the Navy 76°17'35" W., to latitude 36®49'45" N., longi­ poration, Trading as Cos Cob & Co., Fentress VOR 033° radial, extending from tude 75°52’05" W., to latitude 36®29'25'' N., and William M. Perry, Jr., Individually the 5-mile radius zone to the VOR, within longitude 76®09'40'' W., to latitude 36°35'40'' 2 mijes each side of the 034® bearing from N., longitude 76°18'40'' W., to latitude and as an Officer of Said Corporation the Navy Fentress RBN, extending from the 36°54'00'' N., longitude 76®27'30'' W., to lati­ Consent order requiring New York City 5-mile radius zone to the RBN, within 2 tude 36®54'00" N., longitude 76°36'15" W., manufacturers of textile fiber products miles each Bide of the NAS Oceana TACAN to latitude 37°10'30" N., longitude 76°46'00'' 225° radial, extending from the 5-mlle radius W., to latitude 87°14'40" N., longitude to cease violating the Textile Fiber Prod­ zone to 8 miles SW of the TACAN, and within 76°39'50" W., thence to the point of begin­ ucts Identification Act by failing to label a 3-mile radius of ALF Fentress (latitude ning; and that airspace extending upward or otherwise identify some of such prod­ 36°41'45" N., longitude 76®08'05" W.), ex­ from 1,200 feet above the surface bounded ucts, and furnishing false guaranties cluding the portion within R-6606. by a line beginning at latitude 36°38'15'' N., that certain of the products were not longitude 77°19'15" W., to latitude 37°55'30'' misbranded or falsely invoiced. b. The Norfolk, Va. (Norfolk Munici­ N., longitude 76®46'00'' W., to latitude The order to cease and desist, includ­ pal), control zone is amended to read: 37°38'30'' N., longitude 75°31'30" W., thence ing further order requiring report of Norfolk^ Va. (Norfolk Municipal). S along the W boundary of W-108 and W-386 Compliance therewith, is as follows: Within a 5-mile radius of Norfolk Munic­ to latitude 36®19’00'' N., longitude 75°44'45" W., to latitude 36°03'15" N., longitude It is ordered, That respondents Aans­ ipal Airport (latitude 36°53'45" N., longi­ 76®02'15” W., to latitude 36®13'25" N., longi­ tude 76®12'15" W.) and within 2 miles each tude 76*47'30" W., thence clockwise along worth, Ltd., a corporation, trading as Cos side of the Navy Norfolk RR E course, ex­ the arc of a 55-mile radius circle centered at Cob & Co., and its officers, and William tending from the RR to 4.5 miles E of the latitude 36°57'44" N^ longitude 76®24'44'' M. Perry, Jr., individually and as an RR, excluding the portion subtended by a W., to the point of beginning, excluding the officer of Aansworth, Ltd., and respond­ chord drawn between the points of inter­ portions within R-4Q06, R-5309, Rr-6606, ents’ representatives, agents, and em­ section of the 5-mile radius zone with the R-6609, R-5301B, W-386, and the portion be­ ployees, directly or through any corpo­ Norfolk, Va. (NAS Norfolk) control zone. low 2,000 feet MSL outside the United States. The portion within R-6610 shall be used only rate or other device, in connection with c. The Norfolk, Va. (NAS Norfolk), after obtaining prior approval from the ap­ the introduction, delivery for introduc­ control zone is amended to read: propriate authority. tion, manufacture for introduction, ad- 4794 RULES AND .REGULATIONS vertising, or offering for sale, in com­ (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret lowance certificates, coupons, or other merce, or the transportation or causing or apply sec. 5, 38 Stat. 719, as amended; 15 UB.C. 45) [Cease and desist order, Benrus promotions offering price reductions, of to be transported in commerce, or the Watch Company, Inc., et al., New York, N.Y., setting forth an indicated retail price importation into the United States, of Docket 7352, Feb. 28, 1964J for which reductions or allowances are any textile fiber product; or in connec­ to be made unless there is a generally tion with the sale, offering for sale, ad­ In the Mutter of Benrus Watch Com­ prevailing retail price in the market in vertising, delivery, transportation, or pany, Inc., a Corporation; Beiforte which the act or practice is engaged in, causing to be transported, of any textile Watch Company, Inc., a Corporation u and such Indicated retail price is not fiber product which has been'advertised S. Ralph Lazrus, Oscar M. Lazrus, and in excess of the generally prevailing re­ or offered for sale in commerce; or in Benjamin Lazrus, Individually and as tail price in said market. connection with the sale, offering for Officers of Aforesaid Corporations; 3. Representing, directly or by implica­ sale, advertising, delivery, transporta­ and Harvey M. Bond, Stanley M. Karp, tion: tion, or causing to be transported, after Norman Slater, Samuel M. Feldberg, a. That their merchandise is guar­ shipment in commerce, of any textile Jay K. Lazrus, Robert Weil, Martin J. anteed unless the nature and extent of fiber product, whether in its original Rasnow, Robert Gasser, Clifford L. J. the guarantee and the manner in which state or contained in other textile fiber Sieg-Meister, Leo Hyman, and Julian the guarantor shall perform thereunder products, as the terms “commerce” and Lazrus, Individually and as Officers of are clearly and conspicuously disclosed. Benrus Watch Company, Inc. b. That their watches are “shock “textile fiber product” are defined in the « Textile Fiber Products Identification Act, Order requiring two New York City proof” or “shock protected” or otherwise do forthwith cease and desist from : associated distributors of watches to representing that their watches possess A, Misbranding textile fiber products wholesalers, retailers and premium users greater shock resistance than is a fact. by failing to affix labels to such textile for resale to the public, to cease using— c. That dealers in their merchandise fiber products showing in a clear, legible in preticketing their watches, and in will allow a certain amount against the and conspicuous manner each element price lists, catalogs, newspaper, and indicated retail price thereof upon the of information required to be disclosed magazine and other advertising—exces­ presentation of an allowance certificate by section 4(b) of the Textile Fiber Prod­ sive amounts, represented thereby as the or coupon or for any reason in connec­ ucts Identification Act. usual retail prices; setting forth fictitious tion with the purchase of said merchan­ B. Furnishing false guaranties that amounts as retail prices from which re­ dise, unless such allowance is granted textile fiber products are not misbranded ductions were to be made for trade-ins, without exception. or falsely invoiced under the provisions allowance certificates and other reduc­ 4. Offering for sale or selling watches, of the Textile Fiber Products Identifica­ tion offers, and representing falsely that the cases of which are in whole or in part tion Act. dealers would make such reductions composed of base metal which has been It is further ordered, That the respond­ against the indicated retail price; repre­ treated to simulate precious metal, with­ ents herein shall, within sixty (60) days senting falsely that their watches were out clearly and conspicuously (fisclosing after service upon them of this order, guaranteed and “shock proof”; failing on such cases the true metal composi­ file with the Commission a report in to disclose the true metal content of tion of such treated cases or parts. writing setting forth in detail the man­ watch cases of base metal treated to 5. Offering for sale or selling watches, ner and form in which they have com­ simulate precious metal; and placing in the cases of which are in whole or in part plied with this order. composed of base metal which has been the hands of purchasers for resale means treated with an electrolytically applied Issued: March 16* 1964. for misleading the purchasing public in the above respects. flashing or coating of precious metal of By the Commission. less than 0.0015 of an inch over all The order to cease and desist, includ­ exposed surfaces after completion of all [seal] J oseph W. S hea, ing further order requiring report of finishing operations, without clearly and Secretary.. compliance therewith, is as follows : conspicuously disclosing on such cases [F.R. Doc. 64-3303; Filed, Apr. 3, 1964; It is ordered, That respondents Ben­ or parts that they are base metal which 8:48 a.m.] rus Watch Company, Inc., a corporation, have been flashed or coated with a thin Beiforte Watch Company, Inc., a corpo­ and unsubstantial coating. ration, and their officers, Oscar M. Laz­ 6. Supplying to, or placing in the [Docket 7352 o.] rus and Benjamin Lazrus, individu­ hands of, any jobber, retailer, dealer, or ally and as officers of the above-named other purchaser, means and instrumen­ PART 13—-PROHIBITED TRADE corporations, and Harvey M. Bond, Stan­ talities by and through which they may PRACTICES ley M. Karp, Samuel M. Feldberg, Jay deceive and mislead the purchasing pub­ K. Lazrus, Robert Weil, Clifford L. J. lic in respect to practices prohibited in Benrus Watch Co., Inc., et al. Siegmeister, and Julian Lazrus, individ­ paragraphs 1 through 5 above. Subpart—Advertising falsely or mis­ ually and as officers of Benrus Watch It is further* ordered, That the com­ leadingly; § 13.70 Fictitious or mislead­ Company, Inc., and respondents’ agents, plaint be, and it hereby is, dismissed as ing guarantees; § 13.155 Prices; § 13.155- representatives and employees, directly to respondent Robert Gasser and as to 25 Coupon, certificate, check, credit or through any corporate or other de­ respondent S. Ralph Lazrus, who is de­ voucher, etc,, values; § 13.155-40 Ex­ vice, in connection with the offering for ceased. aggerated as regular and customary; sale, sale or distribution of watches or It is further ordered, That the com­ § 13.170 Qualities or properties of prod­ other merchandise in commerce, as plaint be, and it hereby is, dismissed as uct or service; § 13.170-84 Shock-resist­ “commerce” is defined in the Federal to respondents Norman Slater, Martin J. ant. Subpart—Furnishing means and Trade Commission Act, do forthwith Rasnow and Leo Hyman in their in­ instrumentalities of misrepresentation cease and desist from : dividual capacities. or deception: § 13.1055 Furnishing means 1. The act or practice of preticketing It is further ordered, That the respond­ merchandise at an indicated retail price, ents, except Robert Gasser and S. Ralph and instrumentalities of misrepresenta­ or otherwise setting forth an indicated Lazrus, shall, within sixty (60) days after tion or deception; § 13.1055-50 Pretick­ retail price as to merchandise in any service upon them of this order, file with eting merchandise misleadingly. Sub­ material disseminated or intended for the Commission a report, in writing, set­ part—Misbranding or mislabeling: dissemination to the public when the ting forth in detail the manner and form § 13.1280 Price. Subpart—Misrepresent­ indicated retail price is in excess of the in which they have complied with the ing oneself and goods—Prices: .§ 13.1790 generally prevailing retail price for such order to cease and desist set forth herein. Coupons, credit vouchers, etc., of speci­ merchandise in the trade àrea or when Issued: February 28,1964. fied value; § 13.1805 Exaggerated as there is no generally prevailing retail regular and customary; § 13.1811 Fic­ price for such merchandise in the trade [seal] . J oseph W. Shea, titious preticketing. Subpart—Neglect­ area. Secretary. ing, unfairly or deceptively, to make ma­ 2. The act or practice, in connection {F.R. Doc. 64-3304; Filed, Apr. 3, 19fi4: terial disclosure; § 13.1845 Composition. with the use of trade-in allowances, al­ 8:48 a.m.] Saturday, A pril 4, 1964 FEDERAL REGISTER 4795 [Dockets 8558, 8559] in the metropolitan Washington, D.C. respondent in Docket 8558) while co­ area for five years without advance no­ operating in, carrying out or continuing PART 13— PROHIBITED TRADE tice to the Commission, with the excep­ any conspiracy, combination, under PRACTICES ^ - tion of accommodation sales; to refrain standing or agreement between it and from placing owners or employees of ac­ one or more of corporations not made Central Linen Service Co., Inc., Et Al. quired linen rental concerns under re­ respondents herein or between it and Subpart—Acquiring corporate stock or strictive covenants not to compete for others not a party hereto—do forthwith assets: § 13.5 Acquiring corporate stock three years and not to solicit former cus­ cease and desist from: or assets: § 13.5-201 Federal Trade Com­ tomers for five years; and to refrain 1. Entering into contracts with their mission Act. Subpart—Combining or from permitting any officer or employee customers which require their customers conspiring: § 13.388 To control allocation t© serve at the same time as officer or to obtain all of their linen supply re­ and solicitation of customers;2 § 13.395 employee of a competitor. < quirements generally or all their require­ To control marketing practices and con­ The order to cease and desist is as ments of the linen supply articles listed ditions; § 13.407 To disparage competi­ follows: on the contract from respondents unless tors or their products; § 13.410 To elimi­ the periods of such contracts do not ex­ It is ordered, That American Linen ceed one year, except contracts which nate competition in conspirators’ goods. Service Co., Inc., C & C Linen Service, Subpart—Cutting off access to customers provide for the supplying of special ar­ Inc., Capitol Towel Service Company, ticles (not usable by another customer) or market: § 13.587 Selling competitive Inc.,-District Linen Service Company, In­ product at reduced or below cost price. in which event such contracts may be corporated* Elite Laundry Company of for a period of not more than two years, Subpart—Dealing on exclusive and tying Washington, D.C., Incorporated, Modern basis: § 13.670 Dealing on exclusive and and provided further that all contracts Linen Service Inc., National Laundry may contain provision for periods of tying basis: § 13.670-20 Federal Trade and Linen Service, Inc., Palace Laun­ Commission Act. automatic renewal not to exceed six dry Inc., Palace Linens, Inc., Quick Serv­ months. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret ice Laundry Company, Standard Linen 2. Acquiring directly or indirectly, by or apply sec. 5, 38 Stat. 719, as amended; 15 Supply, Inc., The Tolman Laundry, do­ purchase, lease or otherwise, the busi­ Ü.S.C. 45) [Central Linen Service Co., Inc., ing business as Washington Linen Serv­ ness, including customer accounts, good Washington, D.C., Docket 8558, Mar. 13, ice, Central Linen Service Co., Inc., their 1964; American Linen Service Co., Inc. will, capital stock, financial interest or (Washington, D.C.) et al., Docket 8559, subsidiaries and successors and their physical'assets, or any part thereof, of Mar. 13,1964] officers, representatives, agents and em­ any competitive linen supplier, located ployees, directly, indirectly, or through in the metropolitan Washington, D.C. In the Matters of: Central Linen Service any corporate or other device in connec­ area, for a period of five years from the Co., Inc., a Corporation; American tion with the furnishing of linen supplies date of this Order, unless the Commis­ Linen Service Co., Inc., a Corporation; in the metropolitan Washington, D.C. sion is given 60 days’ notice in writing in C & C Linen Service, Inc., a Corpora­ area, do forthwith cease and desist from advance of the date of the proposed tion; Capitol Towel Service Company, entering into, cooperating in, carrying acquisition. Provided, however, that Inc., a Corporation; District Linen out or continuing any conspiracy, under­ nothing in this paragraph 2 shall apply Service Company, Incorporated, a Cor­ standing, combination or agreement be­ to accommodation sales (sales occurring poration; Elite Laundry Company of tween any two or more of said respond­ when one linen company purchases used Washington, D.C., Incorporated, a Cor­ ents or between one or more of said poration; Modern Linen Service, Inc., respondents and others not a party linens or surplus inventory of new linens a Corporation; National Laundry and hereto, to do or perform any of the fol­ from another linen company) and the Linen Service, Inc., a Corporation; lowing acts, practices or things: acquisitions of such linens do not impair Palace Laundry, Inc., a Corporation; 1. Controlling the solicitation and al­ the ability of the seller to compete. Palace Linens, Inc., a Corporation; location of customers. 3. Placing under restrictive covenants Quick Service Laundry Company, a 2. Agreeing not to solicit the cus­ not to compete in the linen supply busi­ Corporation; Standard Linen Supply, tomers of their competitors. ness for periods exceeding three years, Inc., a Corporation; The Totman 3. Instructing salesmen not to solicit owners, officers and employees of linen Laundry, a Corporation, Doing Busi­ the accounts of competitors. rental concerns, which they have ness as Washington Linen Service 4. Refusing to service customers of acquired. competitors even though such customers 4. Placing owners, officers and em­ Consent order—entered March 6, 1963 requested their services. ployees of linen rental concerns which and defemng service on respondents in 5. Requesting and securing permission they have acquired under restrictive Docket 8559 until issuance of the identi­ of certain of their competitors to service covenants which prohibit them from cal order in the litigated proceeding in the customers of such competitors. soliciting customers formerly served by Docket 8558 involving the same issues 6. Trading customers between and them for a period in excess of five years. and the same conspiracy—and such liti­ among themselves. gated order itself, requiring 13 corpora­ 5. Permitting any of their officers, 7. Warning competitors that certain directors, or employees to serve at the tions engaged in the linen supply busi­ of their accounts had approached re­ ness in the District of Columbia, Mary­ spondent for service in order that such same time as an officer, director or em­ land and Virginia, to cease cooperating competitors could take measures to hold ployee of any competitive linen supply to allocate and trade customers among such accounts. concern. themselves, to refuse to service competi­ 8 . Offering or granting price conces­ By “Decision of the Commission”, etc., tors’ customers except with such com­ sions for the purpose of taking reprisals petitors’ permission, and to notify com­ further order requiring report of com­ against linen suppliers not adhering to pliance is as follows: petitors when certain of their accounts agreements relating to the control of had asked for service; to grant price solicitation and allocation of customers It is ordered, That respondents herein concessions in reprisal against non-co­ or for the purpose of impairing the abil­ shall, within sixty (60) days after service operating linen suppliers, and to falsely ity of other linen suppliers to compete. disparage competitors and their opera­ upon it of this order, file with the Com­ 9. Making statements falsely disparag­ mission a report in writing setting forth tions; and further requiring said linen ing a competitor’s business integrity, suppliers to cease entering into exclusive quality of service, or ability to stay in in detail the manner and form in which contracts requiring customers to obtain business. it has complied with the order to cease all their requirements from respondents i t is further ordered, That aforesaid and desist. for a period longer than one year—or Issued: March 13,1964. for two years in the case of special arti­ respondents, their subsidiaries and suc­ cles—with provision for automatic re­ cessors, individually, and their officers, By the Commission. newal for six months; to refrain from representatives, agents and employees, acquiring the business of any competitor directly, or through any corporate device, [seal] J oseph W. S hea, in connection with the furnishing of Secretary. 1 New. linen supplies in the metropolitan Wash­ [F.R. Doc. 64-3305; Filed, Apr. 3, 1964; 2 New. ington, D.C., area (and in the case of 8:48 a.m.] No. 67----- 2 4796 RULES AND REGULATIONS

[Docket 8455 o.] deceive the purchasing public in the ments which they assembled, to cease manner forbidden by subparagraph (1) showing excessive amounts as regular PART 13— PROHIBITED TRADE of this order. retail prices, on attached tickets, in price PRACTICES It is further ordered, That respondent lists, catalogs, magazine and newspaper shall file with the Commission, within advertisements and in other advertisings Gruen Industries, Inc., and Gruen sixty (60) days of receipt of this order, representing falsely in such advertising Watch Co. a written report setting forth in detail that their watches were “fully guar- Subpart—Furnishing means and in­ the manner and form of its compliance anteed”, “lifetime guaranteed”, etc., and strumentalities of misrepresentation or with the order. on guaranty certificates that they would deception: § 13.1055 Furnishing means Issued: February 28,1964. be serviced for one dollar; advertising as and instrumentalities of misrepresenta­ “21” and “25" jewel watches, 17 jewel tion or deception; § 13.1055-50 Preticket­ [seal] J oseph W. S hea, watch movements from Switzerland to ing merchandise misleadingly. Sub­ Secretary. which they added a device containing 4 part—Misrepresenting o n e s e lf and [F.R. Doc. 64-3306; Filed, Apr. 3, 1964; or 8 synthetic jewels that were not func­ goods—Prices: § 13.1811 Fictitious pre­ 8:49 a.m.] tional; and representing falsely that ticketing. s their watches were manufactured in the United States by the old and well-known (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 4 [Docket 8396] Waltham Watch Company of Waltham, or apply sec. 5, 38 Stat. 719, as amended; 15 PART 13— PROHIBITED TRADE Mass. U.S.C. 45) [Cease and desist order, Gnien The order to-cease and desist, including Industries, Inc. trading as Gruen Watch PRACTICES Company, New York, N.Y., Docket 8455, Feb. further order requiring report of com­ 28, 1964] Waltham Watch Co. Et Al. pliance therewith, is as follows: In the Matter of GrUen Industries, Inc^ Subpart—Advertising falsely or mis­ it is ordered, That respondents, Harry a Corporation, Trading as Gruen leadingly: § 13.70 Fictitious or mislead­ Aronson, Ben Cole, and Morris Draft, Watch Company ing guarantees; § 13.155 Prices; § 13.155- individually and as officers of Waltham 40 Exaggerated as regular and custom­ Watch Company, their agents, repre­ Order requiring a leading manufac­ ary; § 13.175 Quality of product or serv­ sentatives and employees, directly or turer of watches to cease the practice of ice; § 13.235 Source or origin; § 13.235-50 through any corporate or other device, attaching to its watches or placing in Maker or seller, etc.; § 13.235-60"'Place; in connection with the offering for sale, conjunction therewith, tickets or tags § 13.235-60 (e) Imported products or sale or distribution of watches in com­ bearing excessive amounts which were parts as domestic. Subpart—Furnishing merce, as “commerce” is defined in the represented thereby to be the usual re­ means and instrumentalities of misrepre­ Federal Trade Commission Act, do forth­ tail prices in the trade areas where the sentation or deception: § 13.1055 Fur­ with cease and desist from: representations were made. nishing means and instrumentalities of 1. Representing in any manner, di­ The order to cease and desist, includ­ misrepresentation or deception; rectly or indirectly, including any use of ing further order requiring report of § 13.1055-50 Preticketing merchandise a number in the name or names of their compliance therewith, is as follows: misleadingly. Subpart—Misrepresenting watches, that watches manufactured or oneself and goods—Prices: § 13.1811 Fic­ sold by them contain a designated num­ It is further ordered, That respondent, ber of jewels, unless said watches actu­ Gruen Industries, Inc., a corporation titious preticketing. Subpart—Neglect­ ing, unfairly or deceptively, to make ma­ ally contain the stated number of jewels, doing business under the name of Gruen each and every one of which serve a pur­ Watch Company or under any other terial disclosure: § 13.1900 Source or origin; § 13.1900-35 Foreign product as pose of protecting against wear from name, and its officers, representatives, friction by providing a mechanical con­ agents, employees, successors and as­ domestic. Subpart—Using misleading name—Goods: § 13.2300 Identity. Sub­ tact with a moving part at a point of signs, directly or through any corporate wear. or other device, in connection with the part—Using misleading name—Vendor: § 13.2305 Identity. 2. Using the name “Waltham” in ad­ offering for sale, sale and distribution of vertising or in labeling to designate or watches, or any other merchandise, in (Sec. 6, 38 Stat. 721; 15 .U.S.C. 46. Interpret describe watches manufactured or sold commerce, do forthwith cease and desist or apply sec. 5, 38 Stat. 719, as amended; 15 by them, without expressly, clearly, con­ from: U.S.C. 45) [Cease and desist order, Waltham Watch Company et ai:, Chicago, 111., Docket spicuously, and prominently stating in (1) Advertising, disseminating or dis­ 8396, Feb. 28,1964] ■ immediate connection therewith the tributing any list, preticketed or sug­ country of origin of each component of gested retail price that is not established In the Matter of Waltham Watch Com­ said watches which is not entirely manu­ in good faith as an honest estimate of pany, a Corporation, and Harry Aron­ factured in the United States. the actual retail price or that appre­ son, Ben Cole and Morris Draft, In­ 3. Using, in advertising or labeling ciably exceeds the highest price at which dividually and as Officers of Said watches manufactured or sold by them, substantial sales are made in respond­ Corporation the terms “Waltham Watches—timing ent’s trade area; Order requiring Chicago importers the nation since 1850”, “Waltham Pre­ (2) Furnishing any distributor, dealer from Switzerland of watches, and of mier, a famous name, part of the Amer­ or retailer with any means whereby to watch movements, cases and attach­ ican scene since 1850”, or any similar Saturday, A pril 4, 1964 FEDERAL REGISTER 4797 Sec. word or expression, to describe respond­ 144.11 Payments, discounts, and credit ents or such watches. Title 25— INDIANS sales. , 4. Furnishing any means or Instru­ 144.12 Commission sales agents. mentality to others whereby the public Chapter I— Bureau of Indian Affairs, 144.13 Deposits. may be misled as to any of the matters Department of the Interior 144.14 Purchase of timber by the Red Lake or things prohibited by the above provi­ Indian Mills. sions of this order. SUBCHAPTER M— FORESTRY 144.15 Appeals. It is further ordered, That Waltham Authority: The provisions of this Part Watch Company, a corporation, and its PART 144— SALE OF FOREST PROD­ 144 issued under sec. 9, 39 Stat. 137, as officers and Harry Aronson, Ben Cole and UCTS, RED LAKE INDIAN RESERVA­ amended; 5 U.S.C. 22, 41 U.S.C. 6b. Cross Reference : For General Forest Reg­ Morris Draft, individually and as officers TION, MINN. ulations, see 25 OFR Part 141. of said corporation^ and their agents, representatives and employees, directly Revision § 144.1 Definitions. or through any corporate or other device (a) “Secretary” means the Secretary in connection with the sale and distribu­ On page 14431 of the F ederal R egister of the Interior or his authorized repre­ tion of watches or other merchandise in of December 28, 1963, there was pub­ sentative. commerce as “commerce” is defined in lished a notice and text of proposed (b) “Red Lake Indian Mills” means the Federal Trade Commission Act, do amendment of Part 144 of Title 25, Code the tribal enterprise, established under forthwith cease and desist from: of Federal Regulations. section 9 of the a c t. of May 18, 1916 1. Advertising, disseminating or dis­ The purpose of the amendment is to (39 Stat. 137), as amended, for the pur­ tributing any list, preticketed or sug­ pose of producing forest products. gested retail price that is not established incorporate numerous editorial changes (c) “Forest Products” means lumber, in good faith as an honest estimate of to conform with the procedure adopted lath, shingles, crating, ties, bolts, logs, the actual retail price or that appreci­ for other related parts in 25 CFR Chap­ bark, pulpwood, or other marketable ma­ ably exceeds the highest price at which ter I, Subchapter M—Forestry. terials manufactured or produced by the substantial sales are made in respond­ Interested persons were given 30 days Red Lake Indian Mills. ents’ trade area. within which to submit comments, sug­ (d) “Red Lake Indian Reservation, 2. Representing that their merchan­ Minnesota” means the Red Lake Indian dise is guaranteed unless the nature, ex­ gestions, or objections with respect to the Forest and all other forest lands held tent and conditions of the guarantee and proposed amendment. No comments, in trust for the Red Lake Band of the manner in Which the guarantors will suggestions, or objections have been re­ Chippewa Indians. perform thereunder are clearly set forth ceived, and the proposed amendment is § 144.2 Purpose of regulations. in conjunction with the representation hereby adopted and is set forth below. The regulations in this Part 144 pre­ of guarantee. This amendment shall become effective 3. Furnishing any distributor, dealer scribe the terms and conditions under or retailer with any means whereby to at the beginning of the 30th calendar which forest products produced by the deceive the purchasing public in the day following the date of publication in Red Lake Indian Mills may be sold with­ maimer forbidden by the above provi­ the F ederal'R egister. out compliancé with section 3709 of the sions of this order. Revised Statutes. It is further ordered, That the hear­ S tewart L. U dall, Secretary of the Interior. § 144.3 Applicability of regulations. ing examiner’s initial decision, as modi­ The regulations in this Part 144 apply fied herein, be, and it hereby is, adopted March 31, 1964. as the decision of the Commission. only to the Red Lake Indian Mills. It is further ordered, That Waltham Part 144 of 25 CFR is revised to read § 144.4 Sale in open market. Watch Company, a corporation, and as follows: The forest products produced by the Harry Aronson, Ben Cole and Morris Sec. Red Lake Indian Mills may be sold in Draft shall, within sixty (60) days after 144.1 Definitions. the open market at such prices as may service upon them of this order, file with 144.2 Purpose of regulations. be realized through the methods in this the Commission a report, in writing, set­ Flirt 144. ting forth in detail the manner and form 144.3 Applicability of regulations. 144.4 Sale in open market. A § 144.5 Advertisement in trade journals in which they have comphed with the 144.5 Advertisment in trade journals and order to cease and desist. and newspapers. newspapers.' The Secretary may advertise forest Issued: February 28,1964. 144.6 Advertising contracts. 144.7 General advertisement. products of the Red Lake Indian Mills [seal] J oseph W. S hea, 144.8 Proposals for purchase. for sale in trade journals of general cir­ Secretary. 144.9 Proposals to Government depart­ culation among persons, companies, or [F.R. Doc. 64-3307; Filed, Apr. 3, 1964; ments. corporations interested in buying and 8:49 a.m.l 144.10 Cash sales. selling of forest products, and in news- 4798 RULES AND REGULATIONS papers in cities that may afford a favor­ terms of sale. No agreement for sale and Acts of August 1, 1914, and March 7 able ‘market for such forest products. future delivery shall be made for a longer 1928 (38 Stat. 583, 45 Stat. 210; 25 UJS.c! period than 90 days, except with ap­ 385, 387) , the basic annual charges for § 144.6 Advertising contracts. proval of the Secretary. operation and maintenance against the The Secretary may, as he determines, § 144.14 Purchase of timber by the Red irrigable lands to which water can be make advertising contracts, provided Lake Indian Mills. delivered under the constructed works that such contracts shall not be ex­ of the Fort Belknap Indian Irrigation ecuted for periods of more than (me year. The Secretary may purchase, harvest, Project in Montana are hereby fixed for and manufacture timber or forest calendar year 1964 and each succeeding § 144.7 General advertisement. products standing on or severed from year until further order (a) for the Milk Advertisement of forest products may'; lands other than the Red Lake Indian River and White Bear Units, including also be made by direct and circular let­ Reservation, Minnesota, at such times as lands under pumping contract with the ters and through personal interviews it may be considered economically fea­ Fort Belknap Indian Irrigation Project, with the trade: Provided, That travel sible, provided that such purchases are at $2.65 per acre against lands in Indian expense incident thereto shall not be in­ consistent with approved operating ownership not under lease to a non- curred without specific authority from schedules and budget allowances and Indian, and at $3.88 per acre against the Secretary. subject also to such limitations on ex- lands in non-Indian ownership and enditures as may be prescribed in lands in Indian ownership under lease § 144.8 Proposals for purchase. nnual appropriation acts. to a non-Indian; (b) for the Three Mile Proposals for the purchase of forest § 144.15 Appeals. Unit at $3.20 per acre against lands, in products may be made to the Secretary, Indian ownership not-under lease to a and he is authorized to quote prices and Any action taken by an approving non-Indian, and at $4.43 per acre consummate sales at such times and/or officer exercising delegated authority against lands in non-Indian ownership such terms as are consistent with the from the Secretary may be appealed to and lands in Indian ownership under regulations of this Part 144. the Secretary. Such appeal shall not lease to a non-Indian; (c) for the Brown stay any action/taken unless otherwise § 144.9 Proposals to Government de­ Unit at $2.00 per acre for Indian and partments. directed by the Secretary. Appeals will non-Indian owned lands; and (d) for the be filed in accordance with applicable Peoples Creek (Hays) and Ereaux Units Proposals may be made by the Secre­ general regulations covering appeals at $2.00 per acre for Indian and non- tary to sell to municipalities, counties, appearing in this Title 25. Indian owned lands. -> States, or the United States and prices [ FJR. Doc. 64-3276; Filed, Apr. 3, 1964; S tewart L. Udall, may be quoted to such agencies. Terms 8:45 am.] and payment in connection with such Secretary of the Interior. sales may be formulated in accordance M arch 31, 196£. with the general practice of such SUBCHAPTER T— OPERATION AND (F.R. Doc. 64-3277; Filed, Apr. 3, 1964; agencies. MAINTENANCE 8:45 am.] § 144.10 Cash sales. PART 221-— OPERATION AND All forest products of the Red Lake MAINTENANCE CHARGES Indian Mills shall be sold for cash f.o.b. 32— DEFENSE mill or other point of delivery, except as Fort Belknap Indian Irrigation Project, Title NATIONAL provided in §§ 144.9 and 144.11. Adjust­ Montana Chapter VI— Department of the Navy ments and allowances on shipments of SUBCHAPTER C— PERSONNEL forest products after delivery to the There was published in the F ederal buyer are authorized in accordance with R egister Qn February 5, 1964 (29 FJEL PART 719— NON JUDICIAL PUNISH­ 1736), notice to amend § 221.30 of the MENT, NAVAL COURTS AND CER­ generally accepted trade practices, when Code of Federal Regulations, Title 25— such adjustments are essential by rea­ TAIN FACT-FINDING BODIES son of off-grade shipments or errors in Indians, dealing with the adjustment of irrigation operation and maintenance as­ SUBCHAPTER E— CLAIMS volume. sessment rates on the various units of § 144.11 Payments, discounts, and the Fort Belknap Indian Irrigation Proj­ PART 750—NAVY GENERAL CLAIMS credit sales. ect. The amendment also establishes PART 751— NAVY PERSONNEL Shipments of forest products on open per-acre assessment rates for Indian CLAIMS account shall be made only to persons owned and operated lands based on the or companies who have an acceptable financial ability of the Indian land- Miscellaneous Amendments credit rating. Credit on shipment of owners or water users as a whole to pay such assessments. Scope and purpose. The amendments forest products sold on open account are intended (1) to revise § 719.102 deal­ shall not be extended beyond 60 days Interested persons were given 30 days within which to submit written com­ ing with letters of censure; (2) to indi­ from date of receipt by the buyer. A cate the authority of the Director, Office cash discount in accordance with general ments,. suggestions, or objections with respect to the proposed amendment. of the Judge Advocate General, West trade practice and usually not exceeding Coast, San Bruno, California, for certain two percent of mill value may be allowed Two communications objecting to the proposed increase in the assessment rates types of claims and to increase from when the shipment is paid for within $1,000 to $2,500 the amount of claims for ten days of receipt by the consignee as for non-Indian owned land within the Brown Unit were received within the medical expenses under the cognizance evidenced by the original paid freight of several of the officers listed in § 750.45 bill or other acceptable evidence. specified period. The two objections have been thoroughly considered and (a); and (3) to update addresses or other §144.12 Commission sales agents. discussed and as a result thereof it has data in §§ 750.45 and 751.21(c) (1). Cor­ Sales may be made through commis­ been determined to continue to use the responding amendments to the Manual sion sales agents, for which they may be existing assessment rate for the Brown of the Judge Advocate General will be Unit for both Indian and non-»Indian distributed to Navy and Marine Corps paid a commission on f.o.b. mill value of owned lands. Accordingly the proposed commands in due course. the shipment at approved rates. Sales amendment is hereby adopted without 1. Section 719.102 is revised to read as may be made to wholesalers on which a change, except for the adjustment in the follows: discount at approved rates may be assessment rate for the Brown Unit and allowed. is set forth below : § 719.102 Letters of censure. (a) General. “Censure" is a generic § 144.13 Deposits. Section 221.30 is amended to read as follows : term applicable to adverse reflection On all agreements to purchase for fu­ upon or criticism of an individual’s char­ ture delivery a deposit may be required. § 221.30 Charges. acter, conduct, performance or military Such a deposit may be forfeited if the Pursuant to the provisions of the Act appearance. Censure may be punitive purchaser does not comply with the of May 18, 1916 (39 Stat. 142) and the or nonpunitive. Punitive censure is im- Saturday, A pril 4, 1964 FEDERAL REGISTER 4799 suance recommended to higher author­ are directed to reply without delay, through twsed under article 15 of the Code (com­ official channels, and to state therein the date manding officer’s nonjudicial punish­ ity, on the basis of an investigation or of receipt of this communication, and the ment) or as the result of a sentence by court of inquiry for acts or omissions for approximate time when either an appeal or court-martial. Hereafter in increasing which the individual was accorded the. notice of decision not to appeal may be ex­ order of severity there are two degrees rights of a party or on the basis of mast pected. Any subsequent request for addi­ of punitive censure, namely, admonition or office hours prescribed in paragraph tional time shall contain adequate justifica­ and reprimand. Nonpunitive censure is 133b, MCM 1951 (see § 719.101(d)). tion therefor. provided for in paragraph 128, MCM When mast or office hours is conducted, Unless withdrawn, or set aside by higher the officer conducting the hearing shall authority, a copy of this letter will be placed 1951, and in § 719.101(c). When im­ ip your official record in (the Bureau of posed upon officers, punitive admonition prepare a report thereof. The report Naval Personnel) (Headquarters, U.S. Marine or reprimand is required to be by writ­ will include a summary of the testimony Corps). You are therefore privileged, pur­ ten communication. If imposed upon of witnesses, statements and affidavits suant to article 1701.8, U.S. Navy Regulations, enlisted personnel, punitive admonition submitted to the officer holding the hear­ 1948, to forward within fifteen days after re­ or reprimand may be by either oral or ing, and a description of items of infor­ ceipt of final determination of your appeal mation in the nature of physical or doc­ or after the date of your notification of your written communication. Copies of puni­ decision not to appeal, whichever may be tive letters of admonition or reprimand umentary evidence considered at the applicable, such statement concerning this will, unless withdrawn or set aside, be hearing. letter as you may desire, also for Inclusion filed in the official records of the indi­ (e) Content of letter—(1) General.in your record. (Omit pursuant to article viduals to whom addressed and recorded A punitive letter of admonition or repri­ 1701.8, U.S. Navy Regulations, 1948,” in cases in Departmental records. As provided in mand issued pursuant to article 15 of the involving enlisted personnel.) If you elect § 719.101 (i), once^a letter of admonition Code may be imposed only for minor of­ not to submit a statement, you shall state so or reprimand has been received by the fenses (par. 128b MCM 1951). Such of­ officially in writing within the time above fenses include only those acts or omis­ prescribed. In connection with your state­ individual to whom addressed, it may not ment, attention is directed to article 1404.2 be increased in severity or withdrawn to sions constituting offenses under the and 3, U.S. Navy Regulations, 1948. Your re­ impose a more severe punishment. The punitive articles of the Code. The letter porting senior is required to make notation remaining provisions of this section do must set forth the facts constituting the of this letter in your fitness report submitted not apply to oral censures of enlisted offense, but need not refer to any spe­ next after the issuance of this letter has personnel or, unless specifically noted, to cific punitive article of the Code nor become final, either by decision of higher court-martial sentences involving ad­ need it satisfy the tests for legal suffi­ authority upon appeal or by your decision ciency required of court-martial specifi­ not to appeal. (Omit last sentence in cases monition or reprimand. involving enlisted Navy personnel.) (b) Administrative letters of censure cations. Each letter should contain suf­ by the Secretary of the Navy. In addi­ ficient specific facts, without regard to (f) Appeals. The following special tion to censures as discussed in para­ the existence of other documents, to ap­ rules are applicable to appeals involving graph (a) of this section, the Secretary prise a reader thereof of all the relevant punitive letters of admonition or repri­ of the Navy may by means of a written facts and circumstances surrounding the mand (in addition to those rules con­ offense. General conclusions, as “gross tained in § 719.101(f): communication administratively censure negligence,” “unofficer-like conduct,” or persons in the naval, service without ref­ (1) A copy of the report of mast or “dereliction of duty” are valueless unless office hours shall be provided the indi­ erence to article 15 of the Code. Unless accompanied by specific facts upon otherwise directed, a copy of the commu­ vidual upon his request except where the which they are based. interests of national security may be ad­ nication will be filed in the official record (2) References. Reference should be of the person censured and recorded in versely affected, and in any event a copy made in all punitive letters of admoni­ thereof shall be made available to him Departmental records. A person cen­ tion or reprimand to all prior proceed­ sured by the Secretary of the Navy may for his use in preparation of a defense ings and correspondence upon which or appeal. See § 719.101(f) for similar not appeal under article 15 of the Code they are based, and to applicable laws but may submit a request for reconsid­ and regulations, including the MCM rules concerning a copy of the record of eration or a written statement; in which an investigation or court of inquiry. 1951 and this section. Particular refer­ (2) In forwarding an appeal from a event articles 1404.2 and 3, U.S. Navy ence should be made to the hearing af­ Regulations 1948, apply. forded the offender. The letter will in­ punitive letter of admonition or rep­ (c) Internal departmental responsi­ clude a statement (where applicable, see rimand (see § 719.101(f)(4)), the officer bility. Correspondence, records, and files article 15(a) of the Code) that the re­ who issued the letter shall attach to the in the Department of the Navy that re­ cipient has been advised that he has the appeal a copy of the punitive letter and late to letters of admonition or repri­ right to demand trial by court-martial in the record of investigation or court of mand are personnel matters under the lieu of nonjudicial punishment and that inquiry or report of hearing on which the primary cognizance of the Commandant he has not demanded such trial. letter is based. The appeal shall be for­ of the Marine Corps or the Chief of Na­ (3) Classification (Security). Every warded via the chain of command to the val Personnel, as appropriate. reasonable effort will be made to exclude superior to whom the appeal is made. (d) Procedure—(1) Issuing authority. from punitive letters of admonition or The superior to whom the appeal is made Where an officer has committed an. of­ reprimand specific details which require may direct additional inquiry or investi­ fense which warrants a punitive letter security classification. Unless it contains gation into matters raised by the appeal of admonition or reprimand, the imme­ classified matter, a letter of censure shall if he deems such action necessary in the diate commanding officer may, at his dis­ be designated “For Official Use Only”. interests of justice. cretion, but subject to paragraph 132, (4) Notification of right to appeal and (3) The “next superior authority” to MCM 1951, issue the letter or refer the right to submit statement. All punitive whom appeal from a letter of admonition matter through the chain of military letters of admonition or reprimand, ex­ or reprimand is authorized by article 15 command normally to the superior who cept letters issued in execution of a court- (e) of the Code is the next superior to exercises general court-martial jurisdic­ martial sentence as described in §.719.117 the issuing authority in the chain of tion and who has military command over (d), shall contain the following para­ military command. In cases where it graphs: may be inappropriate for the immediate the prospective a d d ressee. (See “next superior” to act, as where an iden­ 5 719.101(a)(2).) Consideration must You are hereby advised of your right to tity may exist of persons or staff with the be given to the fact that the degree of appeal this action to the next superior au­ severity and effect of punitive admoni­ thority in accordance with the provisions of command taking the action appealed tion or reprimand increases proportion­ article 15(e) of the Uniform Code of Military from, such fact may be noted in refor­ Justice, paragraph 135 of the Manual for warding the appeal to the next superior ately with the degree of superiority of the Courts-Martial, United States, 1951, and sec­ in the chain of military command. officer in command who issues the letter. tion 0102f of the Manual of the Judge Advo­ (4) Upon determination of the appeal, (2) Hearing requirement. Subject to cate General [ § 719.102(f) J. the superior shall advise the appellant of the provisions of article 15(a) of the If, upon full consideration, you do not de­ the action taken via his immediate com­ sire to avail yourself of this right to appeal, Code, paragraph 132, MCM 1951, and you are directed so to Inform the (Chief of manding officer with copies of the action § 719.101(b) regarding demand for trial, Naval Personnel) (Commandant of the Ma­ to officers in the chain of command a Punitive letter may be issued, or its is- rine Corps) through official channels. You through whom the appeal was forwarded. 4800 RULES AND REGULATIONS

He shall also return all papers directly to of the letter of admonition or reprimand Comptroller of the Navy for payment the commander who issued the letter. has been forwarded to the Department, from appropriations designated for that (g) Forwarding letter to Department. a copy of the letter of cancellation shall purpose. (1) Upon adverse determination of any be forwarded to the Chief of Naval Per­ appeal taken, the lapse of a reasonable sonnel or the Commandant of the Marine 3. Paragraphs (a), (c) and (d)(2) of time after issuance (see § 719.101(f)) or Corps, as appropriate. Upon receipt of § 750.45 are revised to read as follows: upon receipt of the addressee’s statement the copy of the letter of cancellation, § 7 5 0 .4 5 Claims in favor of the United that he does not desire to appeal, together copies of the letters of admonition or States. with such statement as he may desire to reprimand will not be filed in or will (a) Determination and assertion. De­ make or his written declaration that he be removed from, as appropriate, the mands for the payment of all claims in does not desire to make a statement, a member’s official record and will be de­ copy of the punitive letter of censure, and stroyed. In other cases, physical re­ favor of the United States shall be made such other documents as may be required moval of letters of admonition or repri­ by the Judge Advocate General or his by the Chief of Naval Personnel or the mand and other documents in official designee, and in the case of claims for Commandant of the Marine Corps (Bu­ records will normally be accomplished medical care and treatment furnished reau of Naval Personnel Manual or only by the Secretary of the Navy acting under circumstances creating a tort lia­ Marine Corps Personnel Manual) shall through the Board for the Correction of bility upon a third person, by the Direc­ be forwarded via the chain of command «Naval Records (see Part 723 of this chap­ tor, Office of the Judge Advocate Gen­ to the Chief of Naval Personnel or the ter) . However, if a letter of censure is eral, West Coast, the Commandant of a Commandant of the Marine Corps, as ap­ filed inadvertently by reason of clerical Naval District (and in Guam, Com­ propriate. If the letter of censure is not error or mistake of fact, such document mander Naval Forces Marianas) or the sustained on appeal, a copy of the letter may* be removed as authorized by the District or Staff Legal Officer, provided will not be filed in the official record of Chief of Naval Personnel or the Com­ that an aggregate claim may not exceed the member concerned; the Bureau of mandant of the Marine Corps, as $2,500. In the case of claims for damage Naval Personnel Manual and the Marine appropriate. to Government property, when the Corps Personnel Manual are applicable in (i) Public reprimands—Private repri­amount of the claim does not exceed this respect. mands. For historical purposes and un­ $1,000, demands for the payment thereof (2) It is the responsibility of the com­derstanding of the captioned types of shall be asserted by the Director, Office mand issuing a letter of admonition or censure, brief comment is supplied of the Judge Advocate General, West reprimand to assemble and forward at thereon. Under article 24 of the Arti­ Coast, the Commandant of a Naval Dis­ one time all the foregoing documents. cles for the Government of the Navy trict (and in Guam, Commander Naval A copy of the forwarding letter shall be (superseded by the Uniform Code of Forces Marianas) or the District or Staff provided for each via addressee (U.S. Military Justice), “private reprimand” Legal Officer. In cases where it is deter­ Navy Regulations, article 1610.1), was one of the punishments specified as mined that a valid claim exists in favor (h) Cancellation. (1) Except in cer­ being within the authority of a com­ of the United States for medical expenses tain highly infrequent situations, mate­ manding officer to impose upon officers in excess of $2,500 or for property dam­ rial properly placed in an officer’s or en­ under his command. The word “pri­ age in excess of $1,000, or for other than listed member’s official records is not re­ vate” was employed to distinguish a for­ medical expenses or property damage, moved therefrom or destroyed. In those mal letter of reprimand addressed to an the record, together with appropriate instances where it becomes necessary to individual officer without general pub­ recommendations, shall be forwarded to cancel a letter of admonition or repri­ licity from a “public reprimand,” i.e., one the Judge Advocate General for action. mand issued under article 15 of the Code published verbatim throughout the naval ***** and filed in the addressee’s official rec­ service. Omission of the word “private,” (c) Reimbursement for repairs or ords when factual error occurred or for preceding “admonition or reprimand” in medical care. In the event the private other sound reasons indicating that the article 15 of the Code does not constitute party, or the insurer of such private punishment resulted in a clear injustice, authority to commanding officers to issue party, tenders full payment for repairs the officers referred to in § 719.101 (j) “public reprimands,” which are looked or medical care accomplished or to be may cancel or direct cancellation of let­ upon with disfavor by the Department accomplished at the expense of the Gov­ ters of admonition or reprimand. The of theNavy. ernment, such payments should be made authority, i.e., the office as distinguished 2. Section 750.44 is revised to read asin the form of a check, draft or money from the former incumbent, which issued follows: order payable to the order of the Judge such a letter of admonition or repri­ Advocate General. Upon request a re­ mand may also subsequently cancel such § 750.44 Payment of claims. lease will be executed by the Judge Ad­ a letter. In these cases, cancellation will vocate General or his designee. (Ex­ be accomplished by issuing a second let­ Claims approved by the Secretary of the Navy, the Judge Advocate General, ception: Where repairs to property have ter to the officer concerned announcing been paid for out of the Navy Industrial the cancellation of the letter of admoni­ the Deputy Judge Advocate General, the Fund, such payment may be deposited tion or reprimand and setting forth in Assistant Judge Advocate General (In­ locally to such Fund (Navy Comptroller detail the reason prompting such can­ ternational and Administrative Law), the Director, Litigation and Claims Di­ Manual, paragraph 043114)). A nota­ cellation. Copies of the letter of cancel­ tion that the claim is based upon a pay­ lation will be forwarded to the Chief of vision, Office of the Judge Advocate Gen­ ment from the Navy Industrial Fund or Naval Personnel or the Commandant of eral, or the Assistant Director, Litigation any similar revolving account should be the Marine Corps, as appropriate, and and Claims Division, Office of the Judge included whenever appropriate on all any other addressees to whom copies of Advocate General, as provided in § 750.41, claims forwarded to the Judge Advocate the original letter of censure may have shall be forwarded to the U.S. Navy Fi­ General for collection. been directed; the copy of the letter of nance Center, Washington, D.C., 20390, (d) Execution of releases. * * * censure and any reference thereto filed for payment from appropriations desig­ (2) The Director, Office of the Judge in the recipient’s official records will then nated for that purpose. Claims ap­ Advocate General, West Coast, the Com­ be removed and destroyed. proved by the Director, Office of the mandant of the Naval District (and in (2) If a letter of admonition or repri­ Judge Advocate General, West Coast, the Guam, Commander Naval Forces Mari­ mand is canceled by seniors in the chain Officer in Charge, U.S. Sending State anas) or the District or Staff Legal Offi­ of command before a copy of the original Office for Italy, the Officer in Charge, cer,' (i) in all cases involving payment of such letter has been received by the UJS. Sending State Office for Australia, in full of claims within the limits of the Chief of Naval Personnel or the Com­ the Legal Officer, UB. Naval Base, New­ authority granted by paragraph (a) of mandant of the Marine Corps, copies of port, Rhode Island, the Legal Officer, this section, (ii) upon the completion of the letters of admonition or reprimand U.S. Naval Submarine Base, New Lon­ repairs to Government property or the will not be filed in the member’s official don, Groton, Connecticut, or a Com­ termination of medical care, and pay­ record; the Bureau of Naval Personnel mandant or Commander or District or ment in full therefor in accordance with Manual and the Marine Corps Personnel Staff Legal Officer as provided in § 750.41 paragraph (b) of this section, (iii) upon Manual are applicable in this respect. shall be forwarded to such disbursing local deposit to the Navy Industrial Fund If the cancellation occurs after the copy officer as may be designated by the of full payment for damage to Govern- Saturday, A pril 4, 1964 FEDERAL REGISTER 4801

ment property, and (iv) in any case in 1. Question. An application is originally fee will be required.. However, where only which submitted before the effective date of the one party may be exempt under § 1.1111(b), the Director, Office of the Judge fees but is returned to the applicant as in­ the application must be accompanied by the Advocate General, West Coast, the Com­ complete. If the corrected application is re­ full amount of the prescribed fee. mandant of a Naval District (and in submitted after the effective date of the fee 7. Question. A licensee in the Industrial Guam, the Commander Naval Forces schedule, wiU the prescribed fee be required? Radio Services holds a license for a base Marianas) or the District or Staff Legal Interpretation. Applications which were mobile system in a particular area. He sub­ Officer is authorized-to compromise or originally submitted before the effective date sequently applies for an additional base sta­ settle a claim. of the fee schedule and returned for correc­ tion in the same area to communicate with tions etc., wUl not be required to be accom­ the same mobile units. Commission proce­ * * * * * panied by the prescribed fee when resub­ dures require that he also file one applica­ 4. Section 751.21(c) (1) is revised tomitted subsequent to the effective date of tion for the existing base station and one read as follows: the fee schedule. However, if the resubmis­ for a license to cover the existing group of sion is made on a new form, the original mobile units. Will the applicant be re­ § 750.21 Action of Claims Investigating application must be enclosed to verify that quired to pay fees for each of the three ap­ Officer in transportation losses. the original application was submitted before plications which are required? * * * * * the effective date of the fee schedule. Interpretation. The applicant will be re­ 2. Question. Will refunds be made to the quired to submit the prescribed fee with (c) Approval or denial of concurrentapplicant or to the attorney, manufacturer, each of the three applications. By apply­ claim by carrier or insurer—(1) Denial or other representative who might have sub­ ing for an additional base station, the ap­ of claim by carrier or insurer. The Com­ mitted payment? plicant is concurrently modifying his exist­ manding Officer will report all carrier or Interpretation. All refunds will be made ing base station license and applying for a insurer denials to the U.S. Navy Finance payable to the applicant, irrespective of the license to cover his group of mobile sta­ Center, Washington, D.C., 20390, or the fact that payment of the fee may have been tions (where more than one base station Disbursing Officer, Marine Corps Dis­ received from an attorney, manufacturer, or serves a group of mobile stations, the mobile other representative. stations must be covered by a separate bursing Office, Arlington, Va., 22206, 3. Question. Will applications receive a license). as appropriate, by speedletter as shown preliminary screening to determine whether 8. Question. Will a fee be required to ac­ in subparagraph (3) of this paragraph the appropriate fee has been paid, or will company an application to modify an air­ using the optional speedletter para­ this determination be made only after the craft station license to add crash beacon graphs. application has awaited its turn in the proc­ equipment? * * * * * essing line? Interpretation. Under §§ 1.1115(a) and (R.S. 161, secs. 2671-2680, 62 Stat. 982-984, Interpretation. Applications will be 87.53(a) of the Commission’s rules, all appli­ secs. 801-940, 2732, 2733, 5031, 70A Stat. 36- screened upon receipt in the processing di­ cations for modification of an aircraft sta­ 78,152, 153, 278, as amended, 75 Stat. 488, 76 vision to determine whether the appropriate tion license must be accompanied by the Stat. 448, 593, 767; fr US.C. 22, 10 U.S.C. 801- fee has been paid. The application will not prescribed fee. However, under the Com­ 940, 2733, 2736 (as added by Pub. Law 87- take its place on the processing line until the mission’s rules, an initial application for an 769), 5031, 28 U.S.C. 2671-2680, 42 U.S.C. full amount of the prescribed fee has been aircraft station license can include crash 2651-2653; E .0.10214 (3 CFR 1949-53 Comp.) paid. beacon equipment even though the appli­ as amended; E.O. 11060 (27 FJR. 10925) ; E.O. 4. Question. When will fee credit be ac­ cant may not plan to install the beacon 11081 (28 F.R. 945); 28 CFR 43 (27 F.R. 11317, corded to an applicant? equipment at the time the license is issued. 28 F.R. 11535); 28 F.R. 11516-11517, 12104) Interpretation. Fee credit will be accorded 9. Question. Will the holder of a Novice, only in those instances where the application Technician, or Conditional Class Amateur Dated: March 31,1964. is returned for additional information or license who is required to appear for an addi­ corrections, e.g., the application is undated tional examination pursuant to § 97.35 of By direction'of the Secretary of the or 'Unsigned,'applicable questions are unan­ the rules be required to pay a fee? Navy. swered, inconsistency in spelling of names, Interpretation. No fee will be required R obert D. P owers, Jr., necessary frequency coordination committee with respect to examinations held pursuant Rear Admiral, U.S. Navy, letter has been omitted, etc. (However, the to § 97.35 of the rules because no application Acting Judge Advocate General. fact that a fee credit will be allowed upon is involved. Furthermore, in no event will the resubmission of an application which has the holder of a Novice Class license be re­ [P.R. Doc. 64-3330; Filed, Apr. 3, 1964; been returned as incomplete will not be con­ quired to pay an application filing fee. See 8:50 a.m.] strued to mean that the original application §§ 1.1115(b) (6) and 97.55(b) of the rules, was accepted for filing.) No credit will be wherein Novice Class licensees are exempted accorded an applicant whose application has from the payment of fees. been dismissed, e.g., the applicant is an 10. Question. Will fees be required for Title 47— TELECOMMUNICATION alien, hè is not eligible for a license in the amendments to applications? service in which he has applied, or the ap­ Interpretation. No fee will be required for Chapter I— Federal Communications plicant has requested dismissal. See § 1.1103 an amendment to an application provided Commission (d) of the rules. that the amendment does not constitute, in 5. Question. An application for a radio effect, a new application. However, if an ap­ PART 1— RULES OF PRACTICE AND license is returned to the applicant for cor­ plication, as amended, would require a higher rection after the fee has been paid. Ap­ fee than originally paid, an amount equal to PROCEDURE plicant decides to abandon his application, the difference must accompany the amend­ Interpretations of Fee Rules and and he either gives or sells his returned ap­ ment. (E.g., an applicant files for a base plication bearing the fee payment stamp to mobile license in the Business Radio Service Procedures a friend. The friend then applies for the and pays the prescribed $10 fee. He then submits an amendment to his application to March same type of radio license enclosing the first 27, 1964. applicant’s returned application as credit to­ request, instead, an authorization for an In Part 1, Appendix—A Plan of Co­ wards the prescribed fee. Will the Commis­ operational fixed microwave radio station in operative Procedure in Matters and Cases sion accept this as payment? the same radio service. Therefore, he must Under the Provisions of Section 410 of Interpretation. The fee credit accorded to accompany his amendment with a $20 fee, the Communications Act of 1934, is desig­ an applicant in connection with the resub­ the difference between the original fee paid nated as'Appendix A. mission of an application is a credit extended and the $30 fee prescribed for applications to the applicant of record and is not trans­ for operational fixed microwave station au­ A new Appendix B is added to Part 1, ferable to another party. Therefore, the thorizations.) reading as follows: application bearing the fee payment stamp 11. Question. When will an amendment Appendix B—I nterpretations op F ee Rules is not acceptable as payment in this instance, be considered as a new application for pur­ and Procedures and the second applicant must submit the poses of the fee schedule? appropriate fee with his application. Interpretation. In determining when an Implementation of the Commission’s 6. Question. Who must pay the fee re­ schedule of filing fees has resulted in a num­ amendment will be considered a new appli­ quired to accompany applications in the cation for purposes of the fee schedule, the ber of questions requiring interpretations of Broadcast Services for assignment of license the rules and administrative procedures ap­ or transfer of control? following guide lines will be used: plicable to the fee schedule. In view of the Interpretation. The rules require only a. In the Common Carrier Services and the fact that many of these interpretations that such applications be accompanied by Public Safety, Industrial, and Land Trans­ should serve as useful guidance to the gen­ the prescribed fee. The parties involved in portation Services, an amendment will be eral public, periodic releases of such inter­ the assignment or transfer must determine considered a new application if it changes pretations will be made. The first group of amongst themselves how the fee should be the original application to another radio questions and interpretations are set forth paid. If both parties to'the application are service, e.g., from the Rural Radio Service to below: exempt under § 1.1111(b) of the rules, no the Domestic Public Land Mobile Radio 4802 RULES AND REGULATIONS

Service, or from the Special Industrial Radio October 2, 1963, edition of the F ederal 10. One of the results of our order in Service to the Business Radio Service. R egister at volume 28, page 10582. this proceeding is the requirement that b. In the Citizens Radio Service, an 4. The time within which original and amendment will be considered a new appli­ ail dual-frequency systems in the Motor cation If it changes an application from reply comments might be filed has ex­ Carrier Radio Service be operated ac­ either a Class B, C, or D station to an appli­ pired. The ATA was the only party who cording to the frequency pairing scheme cation for a Class A station, or, conversely, filed comments. No reply comments were noted at § 93.252(d) (old § 16.252(d)) if it changes an application for a Class A filed. Except for a suggested minor edi­ of the rules. It will be recalled that station to an application for either a Class torial change, the ATA’s comments were prior to the institution of this proceed­ B, C, or D station. Amendments involving in support of the rules changes proposed. ing, all dual-frequency system licensees only changes between Class B, C, or D sta­ 5. This proceeding has related ba­ in the Motor Carrier Radio Service were tions will not be considered as new applica­ sically to the use of the dual or two- tions and no fees will be required. to be required to conform their systems c. In the Aviation and Marine Radio Serv­ frequency method of mobile radio opera­ to the frequency pairing plan contained ices, an amendment will be considered a new tion in the Motor Carrier Radio Service; in the above referenced section of the application if it changes the application to and certain of the “mobile only” fre­ rules by November 1st, 1963; but because a different class station requiring a different quencies devoted to this method of opera­ of the pendency of this proceeding, a application form. tion. As originally written, our rules gefieral waiver of the November 1st con­ d. In the Broadcast Services, an amend­ governing the trucking industry’s use of version date was granted all noncon­ ment to an application for renewal, assign­ the dual-ffequency method provided forming dual-frequency systems. We ment and/or transfer of control will be con­ that, five “mobile only” frequencies, spe­ sidered as a new application if it amounts to noted in the last sentence of paragraph 6 a major amendment as set forth in § 1.578(a) cifically 43.86, 43.88, 43.90, 43.92, and of our notice th a t“* * * insofar as these and (b) of the Commission’s rules. 43.94, all megacycles, be used in conjunct nonconforming licensees are concerned, An amendment to a standard broadcast tion with 5 companion or parallel fre­ the effect of our waiver is simply to af­ application will be considered as a new appli­ quencies that are available for base as ford them additional time within which cation if it requires the original application well as mobile stations assignments. to convert to a frequency pair specified in to receive a new file number, pursuant to 6. In the petition that provided the § 16.252(d).” In view of this notice or § 1.571 (j) of the Commission’s rules. basis for this proceeding, the ATA warning, all nonconforming dual-fre­ An amendment to a television broadcast pointed out that the trucking industry application will be considered as a new ap­ quency system licensees, if they desire to plication if it effects a major change as de­ has not been employing the dual­ continue their dual-frequency opera­ fined in § 1.572(a) (1) of the Commission’s frequency method of operation in num­ tions, must file appropriate license modi­ rules. bers that had originally been anticipated. fication requests with the Commission no An amendment to an FM broadcast appli­ Indeed, since 1960, when rules were later than the effective date of the rules cation will be considered as a new applica­ adopted allowing the dual-frequency amendments ordered in this document. tion if it effects a major change as defined method of operation, something on the in § 1.573(a) (1) of the Commission’s rules. 11. In the light of the foregoing: It is order of a 20 to 1 ratio between single ordered, That effective May 4,1964, Part 12. Question. Where applications for afrequency and dual-frequency systems construction permit and a covering license 93 of the Commission rules is amended for a broadcast auxiliary station are filed authorizations has been noted. Less as set forth below. simultaneously, will a fee be required for than 7 percent of the total number of 12. Authority for the amendments each application? licensees in the Motor Carrier Radio adopted herein is contained in sections Interpretation. When applications for a Service operate dual-frequency systems. 4(i) and 303 of the Communications Act construction permit and a covering license 7. As a result of the trucking indus­ of 1934, as amended. for a broadcast auxiliary station are filed try’s non-employment of the dual-fre­ simultaneously, one fee will suffice for both quency method of operation, the 5 (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. applications. “mobile only” frequencies noted above in 154. Interprets or applies sec. 303, 48 Stat. F ederal Communications ' paragraph 5 are virtually or relatively 1082, as amended; 47 U.S.C. 303) Commission, unused in the Motor Carrier Radio Serv­ Adopted: March25,1964. [ seal] B en F. W aple, ice. At the same time, other frequencies Secretary. available to the trucking industry—for Released: March 31,1964. single frequency system assignments— (F.R. Doc. 64-3321; Filed, Apr. 3, 1964; F ederal Communications 8:52 am.] have become increasingly crowded as Commission,3 new assignments have been made. In [ seal] B en F. Waple, order to effect a broader and better uti­ Secretary. [Docket No. 15175; FCC 64-243] lization of the 5 subject “mobile only” frequencies, the ATA, in its petition, In Part 93, Land Transportation Radio PART 93—-LAND TRANSPORTATION asked that we eliminate the dual-fre­ Services, § 93.252 of the Motor Carrier RADIO SERVICES quency provisions of our rules and there­ Radio Service Rules is revised by amend­ by make the subject frequencies avail­ ing paragraph (d) to- read as follows; Frequencies Available lor Base and able for assignment to base as well as and by deleting paragraph (h): Mobile Stations mobile stations in the Motor Carrier § 93.252 Frequencies available for base In the matter of amendment of Radio Service. and mobile stations. 8. In our notice in this proceeding, § 16.2521 of the Commission’s rules gov­ * * * * * erning the Motor Carrier Radio Service; we proposed that the subject frequencies Docket No. 15175, RM-431. be made available for base as well as (d) The frequencies and frequency 1. By reason of our order in this docu­ mobile stations assignments; but we did pairs set forth in the tables contained in ment—Five frequencies in the 43 Mc/s not propose elimination of the dual-fre­ this paragraph are available to the band are being made available for regu­ quency method of operation. By sb pro­ Motor Carrier Radio Service for assign­ lar assignment to single frequency mobile posing, the substance of the relief re­ ment to Base and Mobile stations of radio systems in the Motor Carrier Radio quested by the ATA could be accom­ common or contract carriers of property Service, plished, and, at the same time, those operating between urban areas: Pro­ 2. This report and order concludes a persons eligible in the Motor Carrier vided, That each application for assign­ rule making proceeding that was insti­ Service who have a need for a dual fre­ ment of any of these frequencies shall be tuted in September of 1963, in response quency type of operation could retain accompanied by a statement signed by to a petition for amendment of rules filed or obtain it, albeit on a basis of no pro­ the applicant in which it is agreed (1) by the American Trucking Associations, tection from interference to their mobile that any authorization for the use of such Inc. (hereinafter ATA), on March 29, units. frequencies will be accepted with the 1963. 9. In view of the information submit­ express understanding of the applicant 3. Our notice of proposed rule making ted by the ATA, in its petition and com­ that such frequencies are shared with in this proceeding was published in the ments, the Commission concludes that a other licensees and may be subject to more efficient and effective use of the interference both local and long range, 1 Subsequent to the Initiation of this pro­ 5 frequencies under consideration may ceeding, the subject section was redesignated be realized if the rules proposed in this 8 Commissioners Henry, Chairman; and §93.252. proceeding were adopted. Hyde absent. Saturday, April 4, 1964 FEDERAL REGISTER 4803

and (2) that no more than the minimum EDTA as optional flavor-preserving in­ cottonseed oil, mono- and diglycerides of uower or antenna height required for the gredients. Accordingly, the amendments fat-forming fatty acids, in a quantity not satisfactory technical operation of the promulgated by that order will become greater than reasonably required to in­ 'system will be employed, commensurate effective April 12, 1964. hibit foaming. with the area to be served and the local Dated; March 31,1964. Any person who will be adversely af­ conditions affecting radio transmission fected by the foregoing order may at any and reception. However, only one of Geo. P. Larrick, time within 30 days from the date of its these frequencies or frequency pairs may Commissioner of Food and Drugs. publication in the F ederal R egister file be assigned to the stations of a licensee [F.R. Doc. 64-3808; Filed, Apr. 3, ,1964; with the Hearing Clerk, Department of operated in a given area except upon a 8:49 a.m.1 Health, Education, and Welfare, Room showing satisfactory to the Commission 5440, 330 Independence Avenue SW., that the assignment of an additional Washington, D.C., 20201, written objec­ frequency or frequency pair is essential PART 29 — FRUIT BUTTERS, FRUIT tions thereto, preferably in quintuplicate. to the operation of the transportation Objections shall show wherein the per­ system involved. JELLIES, FRUIT PRESERVES, AND RELATED PRODUCTS; DEFINITIONS son filing will be adversely affected by the Single Frequencies order and specify with particularity the AND STANDARDS OF IDENTITY base and mobile provisions of the order deemed objec­ tionable and the grounds for the objec­ Me Me Me Me Jellies and Preserves; Order Amend­ 43.86 44.02 44.18 44.34 ing Identity Standards To Permit tions. If a hearing is requested, the ‘43.88 1 44.04 144.20 1 44.36 Certain Antifoaming Agents as Op­ objections must state the issues for the 43.90 44.06 44.22 44.38 hearing, and such objections must be 143.92 144.08 144.24 1 44.40 tional Ingredients supported by grounds legally sufficient to 43.94 44.10 44.26 44.42 In the matter of amending the stand­ justify the relief sought. Objections may 143.96 1 44.12 144.28 144.44 ards of identity for fruit jellies and fruit be accompanied by a memorandum or 43.98 44.14 44.30 brief in support thereof. 144.00 144.16 144.32 preserves to permit the optional addition during processing of specified antifoam­ ***** Frequency P airs2 ing agents: Effective date. This order shall be­ Base Mobile No comments were received in response come effective 60 days from the date of Me Me to the notice of proposed rulemaking in its publication in the F ederal R egister, 144.36 43.86 the above-identified matter published in 1 43.88 except as to any provisions that may be 44.38 the F ederal R egister of February 6,1964 144.40 43.90 stayed by the filing of proper objections. 44.42 »43.92 (29 F.R. 1807). In consideration of the Notice of the filing of objections or lack 144.44 43.94 information submitted in the petition, thereof will be announced by publication and other relevant information available, in the F ederal R egister. 1 Secondary frequency, see § 93.8 it is concluded that it will promote hon­ ‘These frequency pairs are available, to esty and fair dealing in the interest of (Secs. 409, 701, 52 Stat. 1046, 1055, as base and mobile stations for the two fre­ amended 70 Stat. 919, 72 Stat. 948; 21 U.S.C. quency method of operation. consumers to adopt the amendments pro­ 341,371) posed. Therefore, pursuant to the pro­ [FH. Doc. 64-3319; Filed, Apr. 3, 1964; Dated: March 31,1964. 8:49 a.m.] visions of the Federal Food, Drug, and Cosmetic Act (secs. 401, 701, 52 Stat. G eo. P. Larrick, 1046, 1055, as amended 70 Stat. 919, 72 Commissioner of Food and Drugs. Stat. 948 ; 21 U.S.C. 341, 371) and under Title 21— FOOD AND DRUGS the authority delegated to the Commis­ [F.R. Doc. 64-3309; Filed, Apr. 3, 1964; sioner of Food and Drugs by the Secre­ 8:49 a.m.] Chapter I— Food and Drug Adminis­ tary of Health, Education, and Welfare tration, Department of Health, Edu­ (21 CFR 2.90; 29 F.R. 471): It is ordered, cation, and Welfare That the standards of identity for fruit jellies (21 CFR 29.2) and fruit preserves SUBCHAPTER B— FOOD AND FOOD PRODUCTS (21 CFR 29.3) be amended as indicated Title 50— WILDLIFE AND PART 25— DRESSINGS FOR FOODS below: 1. Section 29.2 is amended by adding FISHERIES Mayonnaise, French Dressing, Salad a new paragraph (a) (8), as follows: Chapter I— Bureau of Sport Fisheries Dressing; Confirmation of Effective § 29.2 Fruit jelly; identity; label state­ and Wildlife, Fish and Wildlife Date of Order Listing Calcium Di- ment of optional ingredients. Service, Department of the Interior sodium EDTA and Disodium EDTA (a) * * * PART 33— SPORT FISHING as Optional Ingredients (8) The antifoaming agents butter, Pursuant to the provisions of the Fed­ oleomargarine, lard, corn oil, coconut Santee National Wildlife Refuge, eral Food, Drug, and Cosmetic Act (secs. oil, cottonseed oil, mono- and diglycerides South Carolina; Correction 401,701, 52 Stat. 1046, 1055, as amended of fat-forming fatty acids, in a quantity In F.R. Doc. 64-2391, appearing at page 70 Stat 919; 72 Stat. 948; 21 U.S.C. 341, not greater than reasonably required to 3307 of the issue for March 12, 1964, 371) and in accordance with the author­ inhibit foaming. ity delegated to the Commissioner of * * * #^ * § 33.5(0 is corrected as follows: Food and Drugs by the Secretary of 2. Section 29.3 is amended by adding to (c) Daily creel limit: Largemouth Health, Education, and Welfare (21 CFR paragraph (a) a new subparagraph (6), black bass, striped bass (rockfish), no 2j90; 29 F.R. 471) notice is given that.no as follows: more than an aggregate of 10. Not more objections were filed to the order pub­ than 25 game fish other than bass. lished in the F ederal R egister of Febru- § 29.3 Preserves, jams; identity; label ary j2» *964 (29 F.R. 2382) amending the statement of optional ingredients. W alter A. Gresh, standards for mayonnaise, french dress­ ( а ) • * • Regional Director, Bureau of ing, and salad dressing by listing cal­ (б) The antifoaming agents butter, Sport Fisheries and Wildlife. cium disodium EDTA and disodium oleomargarine, lard, corn oil, coconut oil, {FJR. Doc. 64-3278; Filed, Apr. 3, 1964; No. 67----- 3 8:46 a.m.] shall include actual transportation ex­ try Products Inspection Act, as amended DEPARTMENT OF THE TREASURY penses of a customs employee within the (21 U.S.C. 451 et seq.). port limits and any authorized travel ex­ Statement of considerations. The pro­ Bureau of Customs penses of a customs employee, including posed changes in the sections concern­ [19 CFR Part 24 1 per diem, when the services are per­ ing application for inspection service, formed outside the port limits irrespec­ facilities required at processing plo ts’ REIMBURSEMENT OF CHARGES FOR tive of whether the services are per­ and ice and water chilling of poultry SERVICES AND EXPENSES formed during a regular tour of duty or would be made principally to clarify the during a customs overtime assignment. regulations and make them more de­ Customs Employees No charge shall be made for transporta­ scriptive of the actual requirements of Notice is hereby given pursuant to sec­ tion expenses when a customs employee the regulations. Corrections would be tion 4 of the Administrative Procedure is reporting to as a first daily assignment, made in certain words to make them Act (5 U.S.C. 1003), that under the au­ or leaving from as a last daily assign­ technically accurate. thority of R.S. 161, as amended, 251, sec. ment, a place within or outside the port Photographs or prints of drawings 501, 65 Stat. 290, sec. 555, 624, 46 Stat. limits where he is assigned to a regular would be required to show building ele­ 743, 759 (5 U.S.C. 22, 140; 19 U.S.C. 66, tour of duty. No charge shall be made vations of new constructions and exist­ 1555, 1624), it is proposed to amend for transportation expenses within the ing structures having elevations affected § 24.17 (a), (e), and (d) of the Customs port limits or travel expenses, including by remodeling. This additional require­ Regulations. per diem, outside the port limits in con­ ment would further assure that an ap­ Section 24.17 enumerates circum­ nection with a customs overtime assign­ proved facility is adequate. stances where services are performed by ment for which reimbursement of ex­ Minimum cooking temperatures would customs employees at the request of a penses is not covered by this section. be established for all heat processed party-in-interest. Each of the circum­ (d) The reimbursable charge for regu­ poultry rolls in order to provide protec­ stances, depending on the law or regula­ lar compensation shall be computed in tion against nonspore forming patho­ tion upon which it is based, requires the accordance with § 19.5(b) of this chapter. genic bacteria. party-in-interest to reimburse the cus­ (e) The reimbursable charge for cus­ Present regulations provide that small toms appropriation for the compensation toms overtime compensation shall be quantities of imported poultry and poul­ or expenses or both, which is paid to the computed in accordance with §-24.16. ' try products entering this country ex­ customs employee. (Secs. 456, 524, 557, 562, 46 Stat. 716, 741, as clusively for the personal use of the con­ When any of these enumerated serv­ amended, 744, as amended, 745, as amended, signee are excepted from the require-» ices are performed by a customs em­ sec. 1, 24 Stat. 79, as amended; 19 U.S.C. ments of foreign inspection certificates 1456, 1524, 1557* 1562, 46 U.S.C. 331, secs. 5, and port of arrival inspection. The pro­ ployee on a customs overtime assignment 36 Stat. 901, as amended, secs. 450, 451, 452, (19 U.SjC. 267,1451), the Bureau of Cus­ 46 Stat. 715, as amended, sec. 6, 49 Stat. 1385, posed amendments would extend this toms has not charged the party-in­ as amended; 19 U.S.C. 261; 267, 1450, 1451, exception to include imported poultry interest for any expense of travel or 1452, 46 U.S.C. 382b) and poultry products used for display transportation incurred by the employee. or laboratory analysis, clarify the fact Customs employees have been required Prior to the issuance of the proposed such excepted articles may be moved to place themselves at such assignments amendment, consideration will be given across State lines to the consignee, and when on a customs overtime basis at to any relevant data, views, or arguments specifically limit the excepted importa­ their own expense. pertaining thereto which are submitted tions to quantities of less than ten It has been determined that in those to the Commissioner of Customs, Bureau pounds. Experience has indicated that circumstances described in §24.17 of the of Customs, Washington, D.C., 20226, and these changes would be desirable to re­ Customs Regulations where authority received not later than 30 days from the lieve unnecessary restrictions and that exists to obtain reimbursement from the date of publication of this notice in the they would assure that the exception party-in-interest for expenses incurred, F ederal R egister. No hearing will be does not become a means of evading the a customs employee shall be paid for any held. usual requirements of the regulations. authorized expenses he incurs and reim­ [seal] P hilip Nichols, Jr., The proposed amendments would also bursement shall be obtained from the Commissioner of Customs. specify the average basis weight, mois­ party-in-interest whether the work is Approved: March 26, 1964. ture absorption and size of giblet wrap­ performed during regular hours of duty ping paper. ’ ,, or on a customs overtime assignment. J ames A. R eed, An persons who desire to submit writ­ Accordingly, it is proposed to amend that Assistant Secretary of the ten data, views or arguments for con­ portion of § 24.17(a) preceding subpara­ Treasury. sideration in connection with the pro­ graph (1), and paragraphs (c) and (d), [F.R. Doc. 64-3312; Filed, Apr. 3, 1964; posed amendments should file them with and add new paragraph (e) as tenta­ 8:49 a.m.] the Chief, Standarization and Marketing tively set forth below: Practices Branch, Poultry Division, Agri­ § 24.17 Other services of officers; re­ cultural Marketing Service, United imbursable. States Department of Agriculture, Wash­ ington, D.C., 20250, not later than 15 (a) Amounts of compensation and ex­ DEPARTMENT OF AGRICULTURE days following publication of this notice penses chargeable to parties-in-interest Agricultural Marketing Service in the F ederal R egister. in connection with services rendered by The proposed amendments are as customs officers or employees during [ 7 CFR Part 81 1 follows: , regular hours of duty or on customs over­ 1. Change §§ 81.14(a) Cl), (2) and time assignments (19 U.S.C. 267, 1451), POULTRY AND POULTRY PRODUCTS (5), (b)(2), (c) (13) and (e)(2) to read, under one or more of the following cir­ cumstances shall be collected from such Proposed Amendments Relating to respectively : parties-in-interest and deposited by col­ Inspection § 81.14 Approval of application for in­ lectors of customs as repayments to the Notice is hereby given that the United spection. appropriation from which paid. States Department of Agriculture is con­ • * * * * * * * * sidering amendments to the regulations (a) Prints of draunngs and specifica­ (c) The- charge for any service enu­governing the Inspection of Poultry and tions to be furnished. (1) Applicants merated in this section for which ex­ Poultry Products (7 CFR Part 81) pur­ for inspection service may request and penses are required to be reimbursed suant to authority contained in the Poul­ obtain information or assistance from 4804 Saturday, April 4, 1964 FEDERAL REGISTER 4805 the inspection Service with respect to § 81.35 Draining and plumbing. fered for importation in quantities of Jjie requirements before submitting less than 10 pounds, exclusively for the ürints of drawings and specifications. not permitted by the Act or regulations properly drawn to scale and shall con­ (2) Interceptor traps which are con­ in this part, may be admitted into the sist of complete floor plans and a plot nected with tiie sewer system shall be United States without a foreign inspec­ plan. Elevations of all sides of all build­ suitably located, and not near any edible tion certificate, and such product is not ings shall be shown on the drawings, or products department or in any area requirèd to be inspected upon arrival in four copies of photographs showing all where products are unloaded from or the United States and may be shipped to sides of all buildings shall accompany loaded into vehicles. To facilitate clean­ the consignee without further restriction the original submission. Submissions ing, such traps shall have inclined bot­ under this part: Provided, That the De­ f/mgist.ing of more than one sheet shall toms and be provided with suitable partment may, with respect to any spe­ be bound together at the left margin in covers. cific ftnportation, require that the con­ (3) Each floor drain shall be equipped signee certify that such product is sets. exclusively for the personal use of said * * * * * with a deep seal trap, and the plumbing consignee, or for display or laboratory (5) The sheets of paper on which shall be installed so as to prevent sewage from backing up and flooding the floor. analysis by said consignee, and not for prints of drawings are made shall not sale or distribution. exceed a size of 34" x 44". The draw­ * * * * • ings, other than of the plot plan, shall 4. In § 81.50 make the following Done at Washington, D.C„ this 31st be made to a scale of %" per foot. The changes: day of March 1964. plot plan may be drawn to a scale of not a. Change § 81.50(b) (3) (ii) to read: G. R. G range, less than %2" per foot. The drawings Deputy Administrator, shall indicate the scale used and shall § 81.50 Temperatures and cooling and Agricultural Marketing Service. freezing procedures. also indicate the floor shown (e.g. base­ [PH. Doc. 64-3288; Filed, Apr. 8, 1964; ment, first, or second). * * * * * 8:46 a.m.] (b) Features required to be shown on (b) Ice and water chilling. * * * floor plan. * * * (3) * * * * (2) The name of the firm and address (ii) Poultry washing, chilling and of the plant by street and street number, draining procedures shall be such as will FEDERAL AVIATION AGENCY or by other means properly identifying minimize moisture absorption and re­ the location of the plant, shall be shown tention and result in poultry not ab­ [ 14 CFR Part 93 [New] 1 on each drawing the same as shown on sorbing moisture in excess of 12 percent [Notice 64-19; Docket No. 4085] the application for service (Form at any time during such procedures. PY500). The inspector will make such weight VALPARAISO, FLA., TERMINAL AREA • : * * * * tests as he deems necessary to assure (c) Specifications. * * * compliance with these requirements. Proposed Special Air Traffic Rule (13) Approximate rate of produc­ b. In § 81.50(d), delete the last sen­ The Federal Aviation Agency has un­ tion—for slaughtering and/or eviscerat­ tence and substitute in lieu thereof the der consideration a proposal to amend ing establishments, indicate hourly rate following: Part 93 of the Federal Aviation Regula­ of slaughter and/or evisceration for each tions to require all pilots operating air­ class of poultry, and for other typès of (d) Cooling giblets. * * * When testedcraft between Restricted Areas R-2914 establishments, indicate pounds of each in accordance with Technical Association and R-2915 in the vicinity of Valparaiso, class of poultry products processed per of the Pulp and Paper Industry Florida, to obtain prior authorization hour. (T.A.PP.L) standard T410, the average basis weight of giblet wrapping material from air traffic control for each flight * * * * * shall be not more than 30 pounds per conducted during daylight hours, Mon­ (e) Changes in drawings. * * * standard ream (24" x 36"—500 sheets) day through Saturday. (2) Pasters of minor changes which and the moisture absorption shall not ex­ Interested persons may participate in may be affixed to the affected areas on ceed 200 percent of the dry weight. the making of the proposed rule by sub­ the previously approved drawings in a Giblet wrappers shall not exceed the fol­ mitting such written information, views, manner not obscuring essential data. lowing sizes or equivalents: Chickens and or arguments as they may desire. Com­ Paster drawings shall be prepared to the Ducks, 9" x 12"; Turkeys, 12" x 14". munication should be sent in duplicate same scale and presented on a back­ to the Docket Section of the Federal ground similar to that of the originally 5. Change the center heading preced­Aviation Agency, Room A-103, 1711 New approved drawing. ing § 81.100 to read : “Canning or Cook­ York Avenue NW., Washington, D.C., ing Requirements”; and add a hew 20553. All communications received on * * * * 4 > ,§ 81.101 to read: or before June 4, 1964 will be considered 2. Change § 81.33(a) to read: § 81.101 Cooking of poultry rolls re­ by the Administrator before taking ac­ § 81.33 Rooms and compartments. quired. . tion on the proposed rule. The proposal * • <* * contained in this notice may be changed When poultry rolls are heat processed in the light of comments received. All (a) Refuse rooms. A separate refus< in any manner, cured and smoked poul­ comments submitted will be available room, or other equally adequate facil try rolls shall reach an internal tem­ in the Docket Section for examination ties, shall be required in official estab perature of at least 155° F. prior to being by' interested persons at any time. usnments where accumulations of refusi removed from the cooking media, and all Restricted Areas R^2914 and R-2915 occur. Refuse rooms shall be entirel: other poultry rolls shall reach an internal were designated for the use of the Eglin separate from other rooms in the estab* temperature of at least 160° F. prior to Air Proving Ground Center. They con­ ushment, have tight fitting doors, b< being removed from the cooking media. Properly ventilated, and have adequati sist of approximately 798 and 358 nau­ 6. Change § 81.311 to read: ^ tical square miles, respectively, being des­ arainage and cleanup facilities, and th< ignated from the surface to flight level nP°rs walls to a height of six fee § 81.311 Small importations for con­ 500. They extend offshore into the Gulf ve the floor shall be impervious t< signee’s personal use, display, or lab­ of Mexico to the three-mile limit where S R S ? and waUs above that height oratory analysis. they are bordered by Warning Area 151. • ceilings, shall be moisture resistant Any product (other than dressed poul­ An air corridor approximately 10 miles <3) Change §§ 8135(b) (1), (2) an< try which is forbidden entry by other wide and 26 miles long has been pre­ to read, respectively: Federal law or regulation) which is of­ served between these restricted areas to 4806 PROPOSED RULE MAKING serve primarily as an access route for as an access route exists, as a practical § 93.83 Aircraft operations. itinerant civil traffic en route to and matter, only for VFR traffic. No person may operate an aircraft from Destin Airport at the coast. There The third area of conflict involves in flight in the area described in § 93.81 are approximately 50 flights of this type the military firing of rockets from launch of this subpart except as authorized by on peak days during the tourist and fish­ sites on Santa Rosa Island Within Re­ an air traffic clearance or in acccordance ing season from April to November. stricted Area R-2915. These rockets fre­ with a specific authorization from air These operations are expected to in­ quently cross controlled airspace south of traffic control. crease. Most of the aircraft are radio the shore line over the Gulf of Mexico. equipped. Destin Airport recorded 1300 Launchings have been safely conducted This amendment is proposed under the different aircraft landing there in 1962. up to the present time by use of con­ authority of section 307 of the Federal However, actual operations would be sub­ trolled firing. However, a military need Aviation Act, 49 U.S.C. 1348. stantially higher since many of these air­ now exists to avoid the delays required Issued in Washington, D.C., on March craft made several flights and" not all of by this method when nonparticipating 30,1964. this traffic would use the air corridor to aircraft enter the area. There have been Clifford P. B urton, enter the area, some entering via the 15 such delays in the approximately 400 Acting Director, coastline. firings conducted in the past four years. Air Traffic Service. While the rockets may be fired day or - At the present time, there are three [FJR. Doc. 64-3275; Filed, Apr. 3, 1964; areas of conflict between the military night, regardless of weather conditions, 8:45 a.m.] operations and the VFR nonparticipat­ separation is already provided for 1FR ing traffic in the Valparaiso terminal traffic in the area and the protection area. The first of these involves military which this rule would provide for VFR jet flights which are made during the traffic should adequately satisfy the mili­ FEDERAL COMMUNICATIONS daylight hours, Monday through Satur­ tary need in view of the number of de­ day. They originate in R-2914, cross the lays to date and the smaller amount of COMMISSION corridor, and terminate at a highly in­ civil air traffic at night. strumented range in R-2915. Approxi­ The regulation under consideration I 47 CFR Part 73 1 mately 65 of these flights are made each here would be applicable only to opera­ [Docket No. 15396; FCC 64-258] day. Any altitude from 500 feet to-50,000 tions in the air corridor between Re­ FRAUDULENT BILLING PRACTICES OF feet may be used, but the majority are stricted Areas R-2914 and R-2915. The conducted below 5,000 feet and most of required air traffic control approval could STANDARD, FM AND TELEVISION these are below 3,000 feet. The flights be obtained by contacting Eglin Ap­ BROADCAST STATIONS are made at supersonic or high subsonic proach Control, Eglin Tower, or the Notice of Proposed Rule Making speeds under conditions which prevent Crestview Flight Service Station. The the pilot from observing other traffic. provisions of such approval will be in 1. Notice is hereby given of proposed A chase plane is employed and a NOTAM accordance with terms and procedures rule making in the above-entitled is published in the Airman’s Guide, ad­ specified by the Air Route Traffic Control matter. vising all pilots of these tests and urging Center having jurisdiction in this area. 2. The Commission has received com­ them to contact the Crestview Plight Pilots of aircraft without two-way radios plaints that some broadcast stations Service Station for specific information. could receive the approval by telephone have been engaging in the practice of Relocation of the range would cost an or in person. Pilots could expect expe­ “double billing”, i.e., submitting to a estimated $2,000,000 and create a delay ditious approval of their requests to­ local advertiser two bills, one in the which is unacceptable to the Proving gether with information, where appro­ amount agreed upon for advertising ma­ Ground Center. priate, as to the altitudes or area which terial broadcast, the other in a larger The high speed operations across the they must avoid. While separation amount to be submitted by the local corridor are made at a relatively con­ would not be provided between nonpar­ advertiser to a manufacturer or national stant altitude and require a 2,000 foot ticipating VRF aircraft, traffic advisories advertiser to support a claim for reim­ strata, 1,000 feet above and below the test would be issued whenever controller bursement pursuant to a cooperative ad­ aircraft. The minimum weather con­ workload permitted. vertising agreement. The issuance of ditions required are a 3,500 foot ceiling Adoption of this proposal would ini­ the second false bill is part of a scheme and visibility of five miles. The Air tiate a new concept in air traffic control. to defraud the manufacturer or national Force has expressed a doubt regarding It might represent a more efficient advertiser. Therefore, in a public no­ the ability of the pilots of these flights method of utilization of airspace in tice entitled “B r o a d c a s t Licensees to effectively see and avoid nonpartici­ which a hazard possibly exists for certain Warned Against Engaging in Double pating VFR traffic because of the speeds types of aircraft operations. If adopted, Billing” released on March 7, 1962 (FCC involved and the time interval required therefore, the operation and effect of this 62-272), the Commission announced that between a chase pilot’s warning and the rule would be carefully studied. it regarded the practice of double billing test pilot’s evasive maneuver. Tn consideration of the foregoing, it as contrary to the public interest and The second area of conflict involves is proposed to amend Part 93, Federal that appropriate proceedings would be monthly tactical exercises utilizing up to Aviation Regulations, by adding a new instituted in cases where evidence of 200 military aircraft during a three to subpart to read as follows : double billing by licensees is found to five day period. Some of these operations exist. will be conducted at high speeds, involve Subpart F— Valparaiso, Florida, 3. The essence of the fraudulent prac­ several aircraft and cross the air corri­ Terminal Area tice commonly called double billing is the existence of a scheme to defraud a dor at random locations. Because of the § 93.81 Applicability. possible high speeds and traffic density manufacturer, his distributor, jobber or attendant with this aerial operation, it This subpart applies to aircraft op­ advertising agent or any other party, by is necessary to take into account these erated between sunrise and sunset, Mon­ deceiving him as to the amount actually operations in such manner as to assure day through Saturday, in the airspace charged by a broadcaster for the coop­ the highest degree of safety by segregat­ extending upward from the suface to the eratively sponsored advertising for which ing such activity from nonparticipating base of the overlying positive control the manufacturer makes part payment. VFR traffic. airspace, bounded by a line beginning at The same principle applies when a A control zone has been designated for latitude 30°42'50" N., longitude 86°38'- broadcaster engages in a scheme to per­ Eglin Air Force Base within the air cor­ 02" W.; thence to latitude 30°43'10" N., mit an advertising agency to mislead its ridor. The corridor also contains transi­ longitude 86°27'37" W.; thence along the clients as to the amount charged by the tion areas with floors of 700 and 1,200 western boundary of R-2914 to latitude station for advertising and thereby to feet. The only uncontrolled airspace 30°19'45" N., longitude 86°23'45" W.; induce them to reimburse the advertis­ within the corridor is that below the thence three nautical miles from and ing agency upon the basis of a fictitious floors of the transition areas. Conse­ parallel to the shoreline to latitude 30 °- advertising rate. quently, the traffic conflict between the 20'50" N., longitude 86°38'50" W.; 4. In spite of the public notice, it ap­ military aircraft crossing the corridor thence along the eastern boundary of pears that certain licensees are persist­ and other traffic employing the corridor R-2915 to the point of beginning. ing in the practice of fraudulent billing. Saturday, A pril 4, 1964 FEDERAL REGISTER 4807

The Commission is therefore proposing régional or national advertiser, advertis­ dealer for 50 commercial spots at a rate of ing agency, station representative, man­ $5.00 each for a total of $250. In connection rules as set forth below to regulate such with the same 50 commercial spots, the sta­ practices. The Commission proposes to ufacturer, distributor, jobber . or any tion also supplies the local dealer or an ad­ add new §§ 73.124, 73.299, and 73.678 to other party, any bill, invoice, affidavit or vertising agency, Jobber, distributor or man­ the rules. In our judgment, the pro­ other document which falsely states the ufacturer of products sold by the local dealer, posed rules are appropriate and neces­ amount actually charged by the licensee another affidavit, memorandum, bill or in­ sary means to carry out our functions for the broadcast advertising for which voice which indicates that the amount under the public interest standard of the the bill is issued or which misrepresents charged the local dealer for the 50 spots Communications the naturé or content of such advertising. was greater than $5.00 per spot. Act. Interpretation. This is fraudulent billing, 5. The Commission proposes also to Note: Commission interpretations in con­ since it tends to deceive the manufacturer, set forth and issue its interpretations in nection with this rule may be found in Ap­ jobber, distributor or advertising agency to an Appendix A to Part 73 titled “Appli­ pendix A to this Part 73, entitled “Applica­ which the inflated bill eventually is sent, cability of Fraudulent Billing Rule”, as bility of Fraudulent Billing Rule” and such as to the amount actually charged and re­ shown below. We also invite comments supplements thereto as are issued from time ceived by the station for the advertising. upon our interpretations at this time. to time. 2. A station or employee thereof issues a 6. Pursuant to applicable procedures § 73.678 Fraudulent billing practices. bill or invoice to a local dealer for 50 com­ set out in § 1.415 of the Commission's mercial spots at $5.00 each and the bill, rules and regulations, interested persons (a) No licensee of a television broad­invoice or accompanying affidavit indicates cast station shall knowingly issue to any that .the 50 spots were broadcast on behalf may file comments on or before May 4, of certain cooperatively advertised products, 1964, and reply comments on or before local, regional or national advertiser, ad- whereas some of the spots did not advertise May 19, 1964. All relevant and timely vërtising agency, station representative, the specified products, but were used by the comments and reply comments will be manufacturer, distributor, jobber or any local dealer solely to advertise his store or considered by the Commission before other party, ahy bill, invoice, affidavit or other products for which cooperative spon­ final action is taken in this proceeding. other document which falsely states the sorship could not be obtained. In reaching its decision in this proceed­ amount actually charged by the licensee Interpretation. This is fraudulent billing, for the broadcast advertising for which even though the station actually receives ing, the Commission may also take into $5.00 each for the 50 spots, because, by falsely account other relevant information be­ the bill is issued or which misrepresents representing that the spots advertised cer­ fore it, in addition to the specific com­ the nature or content of such advertis­ tain products, the licensee has enabled the ments invited by this Notice. ing. local dealer to obtain reimbursement from 7. Authority for the amendments pro­ Note: Commission interpretations in con­ the manufacturer, distributor, Jobber or posed herein is contained in sections nection with this rule may be found in Ap­ advertising agency for advertising on behalf 4(i) and 307 of the Communications Act pendix A to this Part 73, entitled “Applica­ of its products which was not actually broad­ bility of Fraudulent Billing Rule” and such cast. of 1934, as amended. supplements thereto as are issued from time 3. A licensee sends, or permit its employees 8. In accordance with the provisions of to time. to send, blank bills or Invoices bearing the § 1.419 of the rules, an original and 14 name of licensee or his call letters to a copies of all comments, replies, plead­ 2. An Appendix A is added to Part.local dealer or other party. ings, briefs, and other documents shall 73, reading as follows: Interpretation. A presumption exists that be furnished the Commission. Attention licensee is tacitly participating in a fraudu­ Appendix A—Applicability op F raudulent lent scheme whereby a local dealer, adver­ is directed to the provisions of paragraph Billing R ule tising agency or other party is enabled to (c) of § 1.419 which requires that any deceive a third party as to the rate actually person desiring to file identical docu­ Interpretations of fraudulent "billing prac­ charged by licensee for advertising, and ments in more than one docketed rule tices. The fraudulent billing practices pro­ thereby to collect reimbursement for such making proceeding shall furnish the hibited by §§ 73.124, 73.299 and 73.678 of the advertising in an amount greater than that Commission two additional copies of any Commission’s rules and regulations include specified by the agreement between the third all practices commonly referred to as “double party and the local dealer. It is the li­ such document for each additional billing.” Most “double billing” as practiced censee’s responsibility to maintain control docket unless the proceedings have been in the past has been designed to deceive and over the issuance of bills and invoices in consolidated. defraud manufacturers into paying a larger Hie licensee’s name, to make sure thàt fraud share of a local dealer’s cooperative adver­ Adopted: March 25,1964. is not practiced by means thereof. tising expenditure - than was stipulated in 4. A licensee submits bills or invoices to Released: March 31,1964. their agreements with such local dealers. an advertising agency, station representative, However, there may have been other cases or other party indicating that licensee’s rate F ederal Communications in which the manufacturers reimbursed a per spot is $50.00, whereas the licensee actu­ Commission,1 dealer on the basis of a bill for cooperative ally receives only $5.00 or $10.00 per spot In [seal] Ben F. W aple, advertising which the manufacturer knew to actual payment from the agency, represen­ Secretary. be inflated or fictitious, because the manu­ tative or other party. Licensee claims that facturer wished to use this scheme to vio­ the remaining 80 or 90 per cent of its orig- 1. Sections 73.124, 73.299 and 73.678late section 13a of the Robinson-Patman ifial invoice has been deducted by the agency are added to read as follows: Antidiscrimination Act (15 U.S.C. 13a) which as “commission” and therefore no “double Act makes it unlawful for a manufacturer billing” is involved. § 73.124 Fraudulent billing practices. or distributor engaged in commerce to give Interpretation. This is fraudulent billing. ' (a) No licensee of a standard broad­ discriminatory discounts, rebates or adver­ The agency discount does not customarily tising allowances to its dealers. Any infor­ exceed 15 per. cent and the supplying of cast station shall knowingly issue to any mation coining to the Commission’s atten­ local, regional or national advertiser, ad­ bills and invoices by the licensee to agen­ tion indicating possible violations of the cies which indicate that the licensee is charg­ vertising agency, station representative, Robinson-Patman Act will be considered by ing several times as much for advertising as manufacturer, distributor, jobber or any this Commission and referred to the Fed­ he actually receives constitutes participation other party, any bill, invoice, affidavit or eral Trade Commission for appropriate action in a fraudulent scheme. other document which falsely states the by that agency. As previously stated by this Commission, participation by a licensee in 5. A licensee submits a bill or invoice to amount actually charged by the licensee a scheme to violate a federal statute reflects a local dealer or other party for 50 commer­ for the broadcast advertising for which seriously upon his qualifications. cial spots at $5.00 each for a total of $250. the bill issued or which misrepresents Since fraudulent billing practices may take However, the bottom of the bill or invoice the nature or content of such advertising. many forms, the following list of examples carries an addendum, so placed that it may should not be considered as all-inclusive. be cut off of the bill or invoice without No te: Commission interpretations in cor leaving any indication that the invoice orig­ nection with this rule may be found in Ap It is provided merely to supply illustrations inally carried such an addendum. The ad­ pendix A to this Part 73, entitled “Applies of certain fraudulent practices with which the Commission already is familiar. It dendum specifies a “discount” to the adver­ oility of Fraudulent Billing Rule” and sue tiser based on volume, frequency or other supplements thereto as are issued from tim should be remembered that the essential ele­ consideration, so that the amount actually to time. ■ _£ f ~ * , ment in "double billing” is the deception of any party contributing to the payment of billed at the bottom of the page is less than § 73.299 Fraudulent billing practices. broadcast advertising as to the amount ac­ $5.00 for each spot. tually charged by licensee for such adver­ Interpretation. The preparation of bills (a) No licensee of an FM broadcasttising or as to the nature or content of or invoices in a manner which seems de­ station shall knowingly issue to any local, such advertising signed primarily to enable the dealer to de­ Examples. 1. À station or an employee ceive a cooperative advertiser as to the 1 Commissioner Hyde absent! thereof issues a bill or invoice to a local amount actually ^charged for cooperative ad- 4808 PROPOSED RULE MAKING vertising raises a presumption that the li­ being practiced, and still is willing to pay radio services. The State of California censee is participating in a "double billing” its part of the inflated bill for cooperative has been proposed as the limited test scheme. advertising. area for the following reasons: 6. A licensee submits a bill or invoice to Interpretation. No fraud against the a local dealer for 50 spots involving coopera­ manufacturer, distributor, jobber or agent (a) The various metropolitan areas of tive advertising of a certain product or prod­ exists under such circumstances, but there California currently experience varying ucts at a rate of $5.00 each, and actually is a strong presumption that the dealer and degrees of congestion believed to be collects this amount from the dealer. How­ manufacturer are conspiring to violate sec­ representative of similar situations else­ ever, as a “bonus” the licensee “gives” the tion 13a of the Robinson-Patman Antidis­ where in the nation; and dealer 50 additional spots in which the prod­ crimination Act. (See Example 8 above.) (b) The extent of land mobile fre­ uct or products named on the original in­ [FB. Doc. 64-3320; Filed, Apr. 3, 1964; quency usage in adjacent states is such voice are not advertised, so that the dealer 8:51 a.m.] that border problems during the test actually obtains the benefit of 100 spots in return for payment to the station of the period are expected to be minimal. $250 billed for the 50 cooperative spots. 4. It is proposed to grant a total of Interpretation. If the 50 “bonus” spots [ 47 CFR Parts 89, 91, 93 1 no m ore/than 500 authorizations for were broadcast as the result of any agreement [Docket No. 15399; FCC 64-267] secondary frequency assignments in or understanding, express or implied, that order to keep the test within adminis­ the dealer would receive such additional ad­ SECONDARY FREQUENCY ASSIGN­ tratively manageable limits. This is vertising in return for contracting for the MENTS IN CALIFORNIA necessary because substantially greater first 50 spots at $5.00 each, the so-called manpower is expected to be required per “bonus” spots were in fact a part of the Notice of Proposed Rule Making same deal, and the licensee, by his actions, application, including time and atten­ is participating in a scheme to deceive and In the matter of temporarily amend­ tion by members of the Commission’s defraud a manufacturer, jobber, distributor ing Parts 89, 91 and 93 of .the Commis­ limited professional staff and by the ap­ or advertising agency. sion’s rules and regulations to test the plicant and/or his representatives. 7. A local appliance dealer agrees to pur­ principle of secondary frequency assign­ 5. A proposed condition for obtaining chase 1,000 spots per year from a station and ments in the State of California. a secondary frequency assignment is thereby earns a discount which reduces his 1. Notice is hereby given of proposed that the applicant not only be in posses­ rate per spot from $10.00 to $5.00. During the course of the year, the dealer purchases rule making in the above entitled matter. sion of a valid primary assignment on a 100 spots from the station which advertise 2. As one means of relieving the prob­ frequency allocated to the service in both the dealer and “Appliance A” and for lem of frequency congestion now existing which he is eligible, but that the appli­ which the dealer pays $5.00 per spot. Since in certain of the land mobile services, the cant must certify to. having operated for the station’s rate per spot for 100 spots is Commission proposes to test the second­ a minimum period of ninety days in the $10, the dealer asks the station to supply ary assignment concept in the State of proposed area of operation on the pri­ him with an invoice for the 100 spots on California. This proposal involves the mary assignment and to having obtained behalf of “Appliance A" at $10 per spot, sharing of uncongested land mobile fre­ unsatisfactory performance from the claiming that if the manufacturer of the appliance had purchased the 100 spots, or if quencies by services other than those to system due to frequency congestion. A the dealer himself had purchased only these which the frequencies are allocated. further proposed condition is that the 100 spots' within the course of a year, the With the exceptions noted below, all li­ applicant retain the capability for re­ $10 rate would apply, and that, therefore, the censees operating under Parts 89, 91 and verting to operation on his primary as­ manufacturer should be required to reim­ 93 of the rules and regulations would be signment in not more than fifteen days burse the dealer at the $10 rate. invited tq participate in the experiment. after receipt of notice from the Commis­ Interpretation. This practice constitutes In the larger metropolitan areas of Cali­ sion to vacate the secondary assignment. fraudulent billing unless the dealer can pro­ fornia, the Business and Taxicab Radio This will require retention of a complete vide satisfactory evidence that the manu­ Services are heavily congested. They facturer of “Appliance A” is aware that the set of crystals by the licensee for his dealer actually paid only $5.00 per spot have few (if any) frequencies which primary frequency assignment and will because of the volume discount. If the might be used on a secondary basis by require that both the primary and sec­ dealer can persuade the manufacturer to licensees in other services. In our judg­ ondary frequencies be within the tuning alter their agreement so that manufacturer’s ment, their participation would unbal­ range of his equipment. The reason contribution to the dealer’s cooperative ad­ ance the experiment and inhibit the de­ for these proposed conditions is that the vertising Is based upon a higher rate than velopment of the information which is Commission believes it to be unwise to the dealer actually pays, then there is no needed with respect to the problems in­ “lend” a frequency from one service to fraud upon the manufacturer. (But see volved in interservice-sharing of second­ Examples 8 and 9 for possible violation of another without establishing the strong­ statute.) Absent evidence of such an agree­ ary frequencies among the many other est of safeguards to assure its prompt ment, licensee is engaging in “double billing” diverse radio services. It is doubtful, return should it be required by a pros­ when he issues a bill for the higher amount. moreover, whether the frequency diffi­ pective licensee in the service to which 8. A licensee issues a bill or invoice to a culties of these services could be alle­ it is allocated on a primary basis. New dealer for commercial spots which were never viated materially in California in the stations added to an existing system op­ broadcast. context of this experiment. Thus, al­ erating under the secondary concept will Interpretation. This practioe, prima facia, though data derived from the experiment be required to meet all criteria except involves fraud, either against the dealer or may well provide a basis for providing against a third party which the dealer ex­ the 90-day use of the. licensee’s primary pects to provide partial reimbursement for relief to these services through the me­ frequency. the non-existent advertising. Moreover, dium of secondary assignments, they 6. The holder of a secondary frequency even if the dealer and the manufacturer or would be excluded from participation in assignment would have no rights to a his jobber, distributor or agent know that the experiment itself. Under the pro­ frequency as against primary users— the advertising so billed never was broad­ posal, the State Guard, Special Emer­ present or prospective. Neither would cast, a strong presumption exists that the gency and Relay Press Radio Services the secondary frequency licensee possess dealer and the manufacturer intend to use would also be excluded from participa­ any rights against another secondary the fictitious invoice for the purpose of vio­ tion. These services lack organized fre­ lating Section I3a of the Robinson-Patman frequency licensee. In view of this, and Antidiscrimination Act, which makes it un­ quency advisory committees; State noting the prevalence of long-distance lawful for a manufacturer to-give discrimi­ Guard and Relay Press have no frequen­ . interference by way of ionospheric reflec­ natory discounts, rebates or advertising al­ cies allocated in the bands under study; tion during portions of the eleven year lowances to its dealers. Therefore, the- and the few frequencies available to Spe­ solar cycle, land mobile service frequen­ licensee, by participating in such a scheme cial Emergency would contribute little cies in the range 25-50 Mc/s are not pro­ may be presumed either to be engaging in to the program since, in general, its fre­ posed for inclusion in the experiment. fraudulent practices or to be conspiring with quencies in the range 150.8-162 Mc/s others to violate a Federal law. A licensee’s Further, because the State Guard, Spe­ are 15 kc/s tertiary frequencies. cial Emergency, Business, Relay Press participation in such a scheme will raise 3. The objective of the test proposed serious questions as to his qualifications. herein is to determine the effect, both in and Taxicab Radio Services are being 9. The facts are the same as in Examples excluded from participation in the test, 1 through 7, except that the dealer furnished terms of relief attainable and of adminis­ the licensee with conclusive evidence that trative workload encountered, which this frequencies allocated to those services the manufacturer or his distributor, jobber approach will have on improving fre­ are not available for secondary assign­ or agent is aware that “double billing” is quency utilization in the land mobile ment to other services. Saturday, A pril 4, 1964 FEDERAL REGISTER 4809

7. It is proposed that each licensee by the Commission in withdrawing a station separation criteria between the taking a secondary assignment be assured secondary assignment from a particular rule parts involved, the fact that such of five years of operation on the fre­ licensee. (In the attached proposed rules, tertiary frequencies are not general quency, subject to normal legal con­ this subject has not been treated pend­ throughout the land mobile radio service straints associated with licensing pro­ ing receipt of comments in this proceed­ and to facilitate administrative handling cedures, unless interference is caused to ing.) Although secondary operating au­ of the applications. Within the 450-470 or the frequency is required by a primary thority will be withdrawn during the five Mc/s band, the matter of tertiary fre­ user, regardless of whether the experi­ year term of the experimental plan quencies does not arise. ment which is the subject of this pro­ should the Commission determine that 14. If the Commission decides to pro­ posal is abandoned, modified or contin­ harmful interference is being caused by ceed with the secondary assignment ex­ ued without change after evaluation of a secondary licensee to a primary li­ periment in California after reviewing experience gained with the maximum censee, the Commission cannot under­ the comments which may be filed, it is of 500 authorizations involved in the take to conduct formal proceedings proposed that the application stage of proposed experiment. whenever a dispute arises between the the experiment be continued for a maxi­ 8. Fundamental to the proposal is the parties over the existence of harmful mum period of two years, noting that if establishment of a policy to determine interference. If a hearing were to be re­ 500 authorizations have been made prior when a frequency is, in fact, available for quired in such circumstances, the provi­ to that time, additional applications will secondary assignment in a particular sional plan could not, and would not, be not be accepted. If evaluation of the area. The Commission believes a con­ undertaken. Consequently, it is proposed test results is favorable, the secondary servative policy should be adopted dur­ that secondary licenses will be issued sub­ assignment principle may be extended ing at least the initial phases of the test ject to the condition that the secondary both nationally and to other segments period. Accordingly, it is proposed that licensee waives any right to a formal of the land mobile service. There also each prospective applicant for a sec­ hearing to which he might otherwise be exists the future possibility of borrow­ ondary frequency assignment must entitled. Such a condition is similar to ing frequencies from services other than either: (1) Submit a statement obtained §§ 89.213, 91.207 and 93.207 of the Com­ land mobile if the Commission’s licensees from the area frequency advisory com- mission’s rules. Secondary lic e n s e s demonstrate good faith and cooperation mittee(s) for the primary service(s) cer­ would be issued under section 303(g) of in relinquishing a borrowed frequency tifying that there is no objection to the the Communications Act of 1934, as promptly when it is needed by the pri­ proposed secondary assignment, or (2 ) amended, for a period not to exceed five mary user. However, the secondary as­ submit a statement that the separation years, subject to prior termination upon signment technique is not proposed as a between any co-channel primary base notice by the Commission that harmful substitute for periodic modification of station or a fixed station assigned to a interference is being caused, or that the the Table of Frequency Allocations (na­ primary user and theproposed secondary primary service has a requirement for tionally, regionally or locally), but is base station exceeds 125 miles.1 In the the frequency within interference range intended to be complementary to out­ case of the 150.8-162 Mc/s band, the ap­ of the secondary user. It is also pro­ right changes in the allocation pattern. plicant should also submit a statement posed that the holder of a secondary 15. The text of the proposed rule that there are no primary assignments frequency assignment who has been di­ changes is reflected below. It should also within 15 kc/s of the requested fre­ rected by the Commission to discontinue be noted that, although the Commission quency within a radius of 25 miles from operation on the secondary frequency is excluding the State Guard, Special tiie proposed base station location. Be­ within fifteen days, and fails to do so Emergency, Business, Relay Press and fore approaching an advisory committee, for any reason, will not be permitted to Taxicab Services from participation in a prospective applicant for the secondary hold a substitute secondary assignment. the trial of the secondary assignment assignment should have made a prelim­ 11. Operational conditions which apply principle, it is recognized that the test inary study to determine the potential to the primary service will also apply to will not be complete until those services availability of the assignment. No fre­ the user of the secondary assignment are included. At this time, however, the quency advisory committee should be unless the secondary user’s service rules Commission prefers to take a cautious asked to find a secondary frequency. In are more restrictive. In that case, the approach. It must be abundantly clear making such assignments, it is further latter rules will apply. Further, because that the success or failure of this pro­ proposed that no fixed relay, repeater, or of the nature of. the experiment, upon posal depends almost entirely on the co­ control station (other than control sta­ activation of the secondary assignment, operative attitude of the licensees con­ tions which are a part of a mobile relay the licensee will not be permitted to use cerned. As an adjunct to the program, system) will be permitted on secondary his primary frequency until (a) he. vol­ in order to provide as much assistance as frequency assignments. untarily relinquishes his secondary as­ possible, the Commission will prepare 9. A related matter on which com­ signment or (b) he is directed by the and make available to the frequency ad­ ment is desired is whether a prospective Commission to discontinue operation on visory committees copies of the Commis­ applicant for a secondary assignment the secondary frequency. sion’s frequency listings in the 150.8-162 should be required to confirm his fre­ 12. It is also proposed that secondary and 450-470 Mc/s bands in the State of quency selection by actual monitoring to assignments on a particular frequency California. verify that the channel is in fact clear would not be made as a matter of right. 16. Pursuant to applicable procedures of primary users. If so, how much moni­ There may be circumstances involving set forth in Section 1.415 of the Com­ toring should be required, and under particular frequencies which make them mission’s rules, interested persons, may what controlled conditions, if any? An­ unsuitable for secondary use, at least file comments on or before June 1, 1964, other issue on which comment is de­ during the test period, even though the and reply comments on or before June 11, sired is whether a secondary assignment frequency is temporarily unused in the 1964. All relevant and timely comments m the band 150.8-162 Mc/s should be local area concerned. The purpose of and reply comments will be considered granted an applicant if there are fre­ withholding assignment would be to avoid by the Commission before final action is quencies unused and available to the ap- what appears to the Commission to be taken in this proceeding. In reaching °h a primary basis in the 450- short-term availability. This is intended its decision in this proceeding, the Com­ 470 Mc/s band. to avoid unnecessary expense by the sec­ mission may also take into account other Also to be established in this pro­ ondary user. An example might be rep­ relevant information before it, in addi­ ceeding are the criteria to be followed resentations by a primary user of the fre­ tion to the specific comments invited by quency elsewhere that his operations this notice. In proposing the 128 mile separation cri­ shortly will be extended into the area 17. Authority for the proposals set terion, it should be made clear that such involved. forth herein is contained in sections a standard is not binding upon the fre­ 13. In the 156.8-162 Mc/s band, it is 303 (a), (c), and (g) of the Communica­ quency advisory committees, which may em- proposed that no secondary assignments tions Act of 1934, as amended. P oy smaller or greater separation distances will be made for operation on the 15 kc/s 18. In accordance with the provisions on a case-by-case basis, as appropriate, tp tertiary frequencies. The reasons for of § 1.419 of the Commission’s rules, an Pi eclude Interference to a primary licensee. this prohibition are the variation in base original and 14 copies of all statements, 4810 PROPOSED RULE MAKING briefs or comments filed shall be fur­ § 89.225 Frequency selection and as­ if, in the judgment of the Commission, nished the Commission. signments. denial is warranted. Further, applica­ Adopted: March26,1964. (a) The applicant for a secondary as­ tions for secondary assignments will be signment must submit a statement that accepted for filing with the understand­ Released: March 27,1964. all assignable frequencies in his own ing that, should the application be de­ F ederal Communications service and in thè band concerned (ex­ nied, the applicant waives any right to Commission,1 cept tertiaries) are already assigned and a formal hearing to which he might [seal] B en F. Waple, in use within 75 miles of his base sta­ otherwise be entitled. Secretary. tion location. Further, the applicant § 89.227 Operating limitations. 1. Part 89 is amended by adding a newmust have a valid primary assignment (a) Upon activation of his secondary Subpart D in proper sequence to read On which he has operated for a minimum assignment, the licensee will not be per­ as follows; period of 90 days, and he must state mitted to use his primary frequency that operation on his primary assign­ until: Subpart D-^—Secondary Frequency Assignment ment has been unsatisfactory because of (1) He voluntarily relinquishes his Sec. frequency congestion. (This require­ secondary assignment; or 89.221 Purpose. ment does not apply to the additimi of 89.223 Scope. stations to g, system previously author­ (2) He is directed by the Commission 89.225 Frequency selection and assignment. ized on a secondary basis. See § 89.229 to discontinue operation on his secondary 89.227 Operating limitations. (c).) The secondary frequency selected frequency. 89.229 Preparation and filing of applications. (b) Operational conditions which ap­ 89.231 Secondary lioenses. must be within tuning range of the ap­ ply to the service to which the secondary plicant’s primary frequency. frequency is allocated on a primary basis Subpart D— Secondary Frequency (b) To minimize the possibility of will apply to the secondary user unless Assignments harmful interference, the applicant for a secondary assignment must submit one the operational conditions of his owrt § 89.221 Purpose. service are more restrictive, in which of the following: case the latter will apply. The purpose of this subpart is to estab­ (1) A statement from the area fre­ (c) A licensee of a secondary fre­ lish the procedures and conditions for quency advisory committee (s) for the quency must, at all times during the a limited trial of the practicability of radio service (s) to which the frequency term of the authorization: making secondary frequency assign­ is allocated on a primary basis interpos­ (1) Be capable of reverting to his ments in the land mobile services. The ing no objection to the proposed second­ primary assignment within 15 days after objective is to determine whether the ary assignment; or receipt of written notice from the Com­ secondary assignment principle can be (2) His own statement that no co­ mission, and used successfully as a device for obtain­ channel base or fixed station assign­ (2) Retain a complete set of crystals ing greater efficiency of frequency utili­ ments to a primary service licensee ex­ for his primary frequency assignment, zation. It is intended for application ist within 125 miles of the secondary and only in cases where all frequencies nor­ base station location and, in the case (3) Utilize equipment with a tuning mally available for assignment to an ap­ of the 150.8-162 Mc/s band, that no range encompassing his primary and sec­ plicant already are used in the area and primary assignments exist within 15 ondary frequency assignments. band concerned, and where the appli­ kc/s of the requested frequency within \(d ) Every application for a secondary cant is prepared to pay the extra costs a radius of 25 miles from the secondary assignment shall be accompanied by a to obtain at least temporary use of a base station location. statement signed by the applicant in more satisfactory channel. In conduct­ (c) A prospective applicant for a sec­ which he agrees that any authorization ing the trial, the Commission will grant ondary assignment should not commu­ issued pursuant thereto will be accepted a total of no more than 500 authoriza­ nicate with the area frequency advisory with the express understanding of the tions in this part and in Parts 91 and committee until he has made his own applicant that it is subject to change 93 of this chapter combined. Applica­ frequency search and has good reason in any of its terms, or to cancellation in tions for secondary frequency assign­ to believe he has found an available its entirety at any time, upon reason­ ments will be accepted u n til______frequency. able notice, but without a hearing, if, in unless 500 secondary assignments have (d) In the 150.8-162 Mc/s band, only the judgment of the Commission, cir­ been made prior to that date, in which one secondary frequency assignment per cumstances should so require. case no further applications will be ac­ system will be made per applicant per cepted for filing. area during the trial period. § 89.229 Preparation and filing of ap­ (e) In the 450-470 Mc/s band, not plications. § 89.223 Scope. more than two secondary frequency as­ (a) All applications for a secondary (a) This subpart is applicable only to signments will be permitted, in order to frequency assignment shall be prepared certain land mobile service radio opera­ allow mobile relay or duplex operation. and submitted on FCC Form ------Ap­ tions now located, or to be located, wholly (f) Secondary assignment will not be plication for Secondary Frequency within the State of California. \ made to base stations authorized for Assignment. (b) Persons eligible to operate in the operation at temporary locations, to mo­ (b) Licensees wishing to request a sec­ Local Government, Police, Fire, High­ bile stations not associated with one or ondary frequency assignment shall com­ way Maintenance, and Forestry-Conser­ more base stations, or to fixed relay, re­ plete and submit a copy of FCC Form vation Radio Services are eligible to file peater, or control stations (except con­ _____, for each base and/or mobile sta­ for secondary frequency assignments trol stations which are part of a mobile tion already licensed in the system for pursuant to the provisions of this sub­ relay system operation in the 450-470 operation on a primary frequency for part. Mc/s band). which a secondary assignment is desired. (c) Any assignable frequency in the (g) In California there are a number (e) Applications for new stations to bands 150.8-162 Mc/s and 450-470 Mc/s of assignments to stations in the fixed be added to an existing system operat­ which.presently is allocated to the Pub­ service in the bands 150.8-162 Mc/s and ing under the secondary concept shall be lic Safety, Industrial, or Land Trans­ 450-470 Mc/s. By rule, such fixed relay, filed on FCC Form 400 in accordance portation Radio Services on a primary repeater, and control stations arè as­ with Subpart A of this part. FCC basis may be requested as a secondary signed on the basis of noninterference F orm , specifying the desired sec­ assignment* except for those frequencies to the land mobile service. However, ondary frequency, should be filed as a allocated to the State Guard, Special for the purpose of this experiment, per­ supplement to each FCC Form 400. Emergency, Business, Relay Press, and sons seeking a secondary assignment in Taxicab Radio Services; except for the the land mobile service shall regard these § 89.231 Secondary licenses. 15 kc/s tertiary frequencies in the 150.8- fixed station assignments as though (a) A license to operate on a secondary 162 Mc/s band; and except for those fre­ they have primary status. frequency under the experimental pro­ quencies designated for Itinerant use (h) Applications for a secondary fre­ gram provided for in this subpart will only. quency assignment will not be granted, be issued to run concurrently with the despite compliance with the provisions primary authorization and may be re­ 1 Commissioner Hyde absent. of paragraphs (a) to (g) of this section, newed simultaneously with the primary Saturday, A pril 4, 1964 FEDERAL REGISTER 4811 assignment. However, a secondary fre­ secondary frequency assignments pur­ system operation in the 450-470 Mc/s quency assignment will not be made for suant to the provisions of this subpart. band). a total period in excess of five years. (c) Any assignable frequency in the (g) In California there are a number (b) An authorization to use a second­ bands 150.8-182 Mc/s and 450-470 Mc/s of assignments to stations in the fixed ary frequency will be issued subject to which presently is allocated to the Public service in the bands 150.8-162 Mc/s and the following conditions: Safety, Industrial, or Land Transporta­ 450-470 Mc/s. By rule, such fixed relay, (1) The licensee will cease operation tion Radio Services on a primary basis repeater, and control stations are as­ on the secondary assignment within 15 may be requested as a secondary assign­ signed on the basis of non-interference days after being directed to do so by the ment, except for those frequencies al­ to the land mobile service. However, for Commission. located to the State Guard, Special the purpose of this experiment, persons (2) The secondary authorization will Emergency, Business, Relay Press, and seeking a secondary assignment in the expire simultaneously with the expira­ Taxicab Radio Services; except for the land mobile service shall regard these tion of the primary assignment. 15 kc/s tertiary frequencies in the 150.8- fixed station assignments as though they (3) The secondary license may be 162 Mc/s band; and except for those fre­ have primary status. withdrawn, modified, or suspended by the quencies designated for itinerant use (h) Applications for a secondary fre­ Commission upon reasonable notice, and only. quency assignment will not be granted, without a hearing, if, in the judgment despite compliance with the provisions of the Commission, such action should be § 91.653 Frequency Selection and As­ of paragraphs (a) to (g) of this section, signments. * required. if, in thè judgment of the Commission, (c) No subsequent secondary fre­ (a) The applicant for a secondary as­ denial is warranted. Further, applica­ quency assignment will be granted to a signment must submit a statement that tions for secondary assignments will be licensee who has previously held such all assignable frequencies in his own accepted for filing with the understand­ an assignment and failed to cease opera­ service and in the band concerned (ex­ ing that, should the application be de­ tion within 15 days after having been cept tertiaries) are already assigned and nied, the applicant waives any right to a notified by the Commission to do so. in use with 75 miles of his base station formal hearing to which he might other­ wise be entitled. 2. Part 91 is amended by adding a newlocation. Further, the applicant must Subpart N in proper sequence to read have a valid primary assignment on § 91.654 Operating limitations. as follows:' which he has operated for a minimum period of 90 days, and he must state that (a) Upon activation of his secondary Subpart N— Secondary Frequency Assignments assignment, the licensee will not be per­ operation on his primary assignment has mitted to use his primary frequency Sec. been unsatisfactory because of frequency 91.651 Purpose. congestion. (This requirement does noj; until: 91.652 Scope. apply to the addition of stations to a (1) He voluntarily relinquishes his 91.653 Frequency selection and assign­ secondary assignment; or ments. system previously authorized on a sec­ (2) He is directed by the Commission 91.654 Operating limitations. ondary basis. See § 91.655(c),) The to discontinue operation on his second­ 91.655 Preparation and filing of secondary frequency selected must be ary frequency. applications. within tuning range of the applicant’s (b) Operational conditions which ap­ 91.656 Secondary licenses. primary frequency. (b) To minimize the possibility of ply*!» the service to which the secondary Subpart N— Secondary Frequency harmful interference» the applicant for frequency is allocated on a primary basis Assignments will apply to the secondary user unless a secondary assignment must sdbmit one the operational conditions of his own § 91.651 Purpose. of the following: (1) A statement from the area fre­ service are more restrictive, in which The purpose of this subpart is to es­ case the latter will apply. quency advisory committee(s) for the (c) A licensee of a secondary fre­ tablish the procedures and conditions for radio service (s) to which the frequency a limited trial of the practicability of quency must, at all times during the is allocated on a primary basis inter­ term of the authorization: making secondary frequency assign­ posing no objection to the proposed sec­ ments in the land mobile services. The (1) Be capable of reverting to his pri­ ondary assignment; or mary assignment within 15 days after objective is to determine whether the (2) His own-statement that no co­ secondary assignment principle can be receipt of written notice from the Com­ channel base or fixed station assign­ mission, and used successfully as a device for obtain­ ments to a primary service licensee exist ing greater efficiency of frequency utili­ (2) Retain a complete set of crystals within 125 miles of the secondary base for his' primary frequency assignment, zation. It is intended for application station location and, in the case of the only in cases where all frequencies nor­ and 150.8-162 Mc/s band, that no primary (3) Utilize equipment with a tuning mally available for assignment to an assignments exist within 15 kc/s of the ¡applicant already are used in the area range encompassing his primary and requested frequency within a radius of secondary frequency assignments. and band concerned, and where the ap­ 25 miles froih the secondary base sta­ plicant is prepared to pay the extra costs (d) Every application for a secondary tion location. assignment shall be acconipanied by a to obtain at least temporary use of a (c) A prospective applicant for a sec­ more satisfactory channel. In conduct­ statement signed by the applicant in ondary assignment should not communi­ which he agrees that any authorization ing the trial, the Commission will grant cate with the area frequency advisory a total of no more than 500 authoriza­ issued pursuant thereto will be accepted committee until he has made his own with the express understanding of the tions in this Part and in Parts 89 and frequency search and has good reason 93 of this chapter combined. Applica­ applicant that it is subject to change to believe he has found an available in any of its terms, or to cancellation in tions for secondary frequency assign­ frequency. ments will be accepted u n til______its entirety at any time, upon reasonable (d) In the 150.8-162 Mc/s band, only notice, but without a hearing, if, in the unless 500 secondary assignments have one secondary frequency assignment per been made prior to that date, in which judgment of the Commission, circum­ system will be made per applicant per stances should so require. case no further applications will be ac­ area during the trial period. cepted for filing. (e) In the 450-470 Mc/s band, not § 91.655 Preparation and filing of ap­ § 91.652 Scope. more than two secondary frequency as­ plications. signments will be permitted, in order (a) All applications for a secondary - (a) This subpart is applicable onlj to allow mobile relay or duplex operation. to certain land mobile service radio op­ frequency assignment shall be prepared erations now located, or to be located (f) Secondary assignment will not be and submitted on FCC Form _____ , wholly within the State of California. made to base stations authorized for op­ Application for Secondary Frequency (b) Persons eligible to operate in th< eration at temporary locations, to mobile Assignment. Power, Petroleum, Forest Products, Mo­ stations not associated with one or more (b) Licensees wishing to request a sec­ tion Picture, Special Industrial, Manu­ base stations, or to fixed relay, repeater, ondary frequency assignment shall com­ facturers and Telephone Maintenanc« or control stations (except control sta­ plete and submit a copy of FCC Form Radio Services are eligible to file fo: tions which are part of a mobile relay ___ _for each base and/or mobile sta- No.67----- 4 4812 PROPOSED RULE MAKING tion already licensed in the system for than 500 authorizations in this part and believe he has found an available operation on a primary frequency for in Parts 89 and 91 of this chapter com­ frequency. which a secondary assignment is desired. bined. Applications for secondary fre­ (d) In the 150.8-162 Mc/s band, only (c) Applications for new stations toquency assignments will be accepted until one secondary frequency assignment per be added to an existing system operating ______unless 500 secondary assign­ system will be made per applicant per under the secondary concept shall be ments have been made prior to that date, area during the trial period. filed on FCC Form 400 in accordance in which case no further applications will (e) In the 450-470 Mc/s band, not with Subpart A of this part. FCC Form be accepted for filing. more than two secondary frequency as­ _____ , specifying the desired secondary § 93.302 Scope. signments will be permitted, in order to frequency, should be filed as a supple­ allow mobile relay or duplex operation. ment to each FCC Form 400. (a) This subpart is applicable only to (f) Secondary assignment will not be certain land mobile service radio opera­ made to base stations authorized for § 91.656 Secondary licenses. tions now located, or to be located, wholly operatiop at temporary locations, to mo­ (a) A license to operate on a second­ within the State of California. bile stations not associated with one or ary frequency under the experimental (b) Persons eligible to operate in the more base stations, or to fixed relay, re­ program provided for in this subpart Motor Carrier, Railroad, and Automobile peater, or control stations (except con­ will be issued to run concurrently with Emergency Radio Services are eligible to trol stations which are part of a mobile the primary authorization and may be file for secondary frequency assignments relay system operation in the 450-470 renewed simultaneously with the pri­ pursuant to the provisions of this sub­ Mc/s band). mary assignment. However, a second­ part. (g) In California there are a number ary frequency assignment will not be (c) Any assignable frequency in the of assignments to stations in the fixed inade for- a total period in excess of five bands 150.8-162 Mc/s and 450-470 Mc/s service in the bands 150.8-162 Mc/s and years. which presently is allocated to the Public 450-470 Mc/s. By rule, such fixed relay, (b) An authorization to use a second­ Safety, Industrial, or Land Transporta­ repeater, and control stations are as­ ary frequency will be issued subject to v tion Radio Services on a primary basis signed on the basis of noninterference to the following conditions: may be requested as a secondary assign­ the land mobile service, However, for -(1) The licensee will cease operation ment, except for those .frequencies al­ the purpose of this experiment, per­ on the secondary assignment within 15 located to the State Guard, Special sons seeking a secondary assignment in days after being directed to do so by the Emergency, Business, Relay Press, and the land mobile service shall regard these Commission. Taxicab Radio Services; except for the fixed station assignments as though they (2) The secondary authorization will 15 kc/s tertiary frequencies in the 150.8- have primary status. expire simultaneously with the expira­ 162 Mc/s band; and except for those (h) Applications for a secondary fre­ tion of the primary assignment. frequencies designated for itinerant use quency assignment will not be granted, (3) The secondary license may be only. despite compliance with the provisions withdrawn, modified, or suspended by § 93.303 * Frequency selection and as­ of paragraphs (a) to (g) of this section, the Commission upon reasonable notice, signments. if, in the judgment of the Commission, and without a hearing, if, in the judg­ denial is warranted. Further, applica­ ment of the Commission, ( such action (a) The applicant for a secondary as­ tions for secondary assignments will be should be required. signment must submit a statement that accepted for filing with the understand­ (c) No subsequent secondary fre­ all assignable frequencies in his own ing that, should the application be de­ quency assignment will be granted to a service and in the band concerned (ex­ nied, the applicant waives any right to licensee who has previously held such an cept tertiaries) are already assigned and a formal hearing to which he might assignment and failed to cease operation in use within 75 miles of his base station otherwise be entitled. location. Further, the applicant must within 15 days after having been notified § 93.304 Operating limitations. by the Commission to do so. have a valid primary assignment on which he has operated for a minimum (a) Upon activation of his secondary 3. Part 93 is amended by adding a newperiod of 90 days, and he must state that assignment, the licensee will not be per­ Subpart G in proper sequence to read operation on his primary assignment has mitted »to use his primary frequency as follows: been unsatisfactory because of frequency until: SUBPART G— SECONDARY FREQUENCY congestion. This requirement does not (1) He voluntarily relinquishes his ASSIGNMENTS apply to the addition of stations to a secondary assignment; or system previously authorized on a sec­ (2) He is directed by the Commission Sec. 93.301 Purpose. ondary basis. See 1 93.305(c). The to discontinue operation on his sec­ 93.302 Scope. secondary frequency selected must be ondary frequency. 93.303 Frequency selection and assignments. within tuning range of the applicant’s (b) Operational conditions which ap­ 93.304 Operating limitations. primary frequency. ply to the service to which the secondary 93.305 Preparation and filing of applica­ (b) To m inim ize the possibility of frequency is allocated on a primary basis tions. harmful interference, the applicant for will apply to the secondary user unless 93.306 Secondary licenses. a secondary assignment must submit one the operational conditions of his own Subpart G — Secondary Frequency of the following: service are more restrictive, in which case (1) A statement from the area fre­the latter will apply. Assignments quency advisory committee (s) for the (c) A licensee of a secondary fre­ § 93.301 Purpose. radio service (s) to which the frequency quency must, at all times during the term The purpose of this subpart is to estab­ is allocated on a primary basis interpos­ . of the authorization: lish the procedures and conditions for a ing no objection to the proposed sec­ (1) Be capable of reverting to his pri­ limited trial of the practicability of mak­ ondary assignment; or mary assignment within 15 days after ing secondary frequency assignments in (2) His own statement that no co­ receipt of written notice from the Com­ the land mobile services. The objective channel base or fixed station assign­ mission, and is to determine whether the secondary ments to a primary service licensee exist (2) Retain a complete set of crystals within 125 miles of the secondary base for his primary frequency assignment, assignment principle can be used suc­ station location and, in the case of the cessfully as a device for obtaining greater 150.8-162 Mc/s band, that no primary and efficiency of frequency utilization. It is assignments exist within 15 kc/s of the (3) Utilize, equipment with a tuning intended for application only in cases requested frequency within a radius of range encompassing his primary and where all frequencies normally available 25 miles from the secondary base station secondary frequency assignments. for assignment to an applicant already^ location. (d) Every application for a secondary are used in the area and band concerned, assignment shall be accompanied by a and where the applicant is prepared to (c) A prospective applicant for a sec­ pay the extra costs to obtain at least ondary assignment should not communi­ statement signed by the applicant in temporary use of a more satisfactory cate with the area frequency advisory which he agrees that any authorization channel. In conducting the trial, the committee until he has made his own issued pursuant thereto will be accepted Commission will grant a total of no more freauency search and has good reason to with the express understanding of the Saturday, A pril 4, 1964 FEDERAL REGISTER 4813 applicant that it is subject to change in amendments to §§ 107.802(c) and 107.802 It is ordered, That pursuant to sec­ any of its terms, or to cancellation in (d) relating to inclusion of Federal Tax tion 4(a) of the Administrative Proce­ its entirety at any time, upon reasonable numbers for designated persons on SBA dure Act (60 Stat. 237, 5 U.S.C. 1003) notice, but without a hearing, if, in the Forms 468 and 478 was published in the notice is hereby given of the Commis­ judgment of the Commission, circum­ F ederal R egister (28 F.R. 13267). The sion's proposal to amend § 191.2. Mini­ stances should so require. reasons therefor were set forth in the mum requirements now in effect, by sub­ notice and comments or suggestions per­ stituting the following language for the §93.305 Preparation and filing of ap­ taining to the proposal were invited. On intrpductory paragraph thereof, and to plications. January 11, 1964, notice was given of an add a new paragraph (e) authorizing the (a) All applications for a Secondary extension of time for submitting com­ granting of waivers, under specified con­ frequency assignment shall be prepared ments and suggestions (29 F.R. 297). ditions, with respect to persons handi­ and submitted on FCC Form — _, Ap­ Comments and suggestions received by capped through loss of limb and further plication for Secondary Frequency As- the Small Business Administration have providing sufficient safeguards to assure signment.- raised questions as to the effect of the reasonable controls and safety stand­ (b) Licensees wishing to request a sec­ proposed amendments on the small busi­ ards, as follows:' ondary frequency assignment shall com­ ness investment company program which plete and submit a copy of FCC Form require further study of the matter. Ac­ § 191.2 Minimum requirements. ____ for each base and/or mobile sta­ cordingly, it has been determined that Except as provided in paragraph (e) tion already licensed in the system for adoption of the proposed amendments is of this section, no person shall drive, nor operation on a primary frequency for not appropriate at this time. shall any motor carrier require or permit which a secondary assignment is desired. The withdrawal of thi§_notice of pro­ any person to drive any motor. vehicle (c) Applications for new stations to posed rule making constitutes only such unless such person possesses the follow­ be added to an existing system operat­ action and does not preclude the Admin­ ing minimum qualifications: ing under the secondary concept shall be istration from issuing another notice in * * * * • filed on FCC Form 400 in accordance the future should further study warrant (e) Any person failing to meet the re­ with Subpart A of this part. FCC Form such action. ______specifying the desired secondary quirements of paragraph (a) (1) or (3) In consideration of the foregoing, the of this section may be permitted to drive frequency, should be filed as a supple­ notices of proposed rule making, entitled a vehicle, other than a vehicle transport­ ment to each FCC Form 400. “Proposed Amendments to Regulations ing passengers or explosives Class A and § 93.306 Secondary licenses. Requiring Additional Information in B, if the Commission finds that a waiver Certain Investment Company Financial may be granted consistent with safety (a) A license to operate on a second­ Reports” published in the F ederal R eg­ ary frequency under the experimental and the public interest, on the basis of ister, December 6, 1963 (28 F.R. 13267), an application meeting all the following program provided for in this subpart is hereby withdrawn. will be issued to run concurrently with requirements: the primary authorization and may be Dated; March 31,1964. ( 1 ) The application must be submitted renewed simultaneously with the pri­ Eugene P. F oley, jointly by a person seeking relief to per­ mary assignment. However, a secondary Administrator. mit him to drive and by a carrier wish­ frequency assignment will not be made [F.R. Doc. 64-3297; Filed Apr. 3, 1964; ing to employ such person as a driver, for a total period in excess of five years. 8:48 a.m.] who both agree to fulfilling all condi­ (b) An authorization to use a second­ tions of the waiver; ary frequency will be issued subject to the (2) The application must be accom­ following conditions: panied by reports of medical examina­ (1) The licensee will cease operation INTERSTATE COMMERCE tions satisfactory to the Commission and on the secondary assignment within 15 recommendations by at least two medi­ days after being directed to do so by the COMMISSION cal examiners, at least one of whom shall Commission. have been selected and compensated by (2) The secondary authorization will [ 49 CFR Part 191 3 the carrier. Such reports and examina­ expire simultaneously with the expira­ [Ex Parte No. MC-40] tions must indicate the opinions of the medical examiners as to the ability of the tion of the primary assignment. QUALIFICATIONS OF DRIVERS (3) The secondary license may be driver to safely operate a commercial ve­ withdrawn, modified, or suspended by the Qualifications and Maximum Hours of hicle of the type to be driven by him. Commission upon reasonable notice, and Service of Employees of Motor Car­ (3) The application shall contain a without a hearing, if, in the judgment description, satisfactory to the Commis­ riers and Safety of Operation and sion of the type, size, and special equip­ of the Commission, such action should be Equipment required. ment 4if any) of the vehicle or vehicles (c) No subsequent secondary fre­ At a session of the Interstate Com­ to be driven, the territory and roads to quency assignment will be granted to merce Commission, Motor Carrier Board be used, the distances and time periods a licensee who has. previously held such contemplated, the nature of the com­ modities to be transported, and their an assignment and failed to cease opera­ No. 2, held at its office in Washington, D.C., on the 25th day of-March A.D. 1964. method of loading and securing, and the tion within 15 days after having been experience (if any) of the applicant in notified by the Commission to do so. The matter of disqualifications of driv­ ers under the Motor Carrier Safety Regu­ driving vehicles of the type to be driven [F.R. Doc. 64-3240; Filed, Apr. 3, 1964; lations prescribed by order of April 14, by him. 8:45 a.m.] 1952, being under consideration; and (4) The application shall specify It appearing, that continuing study, agreement by both the person and the investigation and experience have es­ carrier that the carrier will file promptly SMALL BUSINESS ADMINISTRA­ tablished facts which warrant amend­ with the Director, Bureau of Motor Car­ ment of Part 191 of the Motor Carrier riers, such periodic reports as are re­ TION Safety Regulations relating to qualifi­ quired and that such reports will contain cations of drivers; complete and truthful information as to [ 13 CFR Part 107 ] It further appearing, that due to tech­ the extent of the person’s driving ac­ SMALL BUSINESS INVESTMENT nological advancement in prosthesis and tivity, any accidents in which he may have been involved, and any arrests, sus­ COMPANIES the use of prosthetic devices, and the opinion of certain medical specialists, it pensions, or convictions in which the Withdrawal of Proposed Amendments is reasonable to establish conditions person has been involved. Requiring Additional Information in upon which the ability of individual per­ (5) The applicants shall agree that Certain Investment Company Fi­ sons to drive a motor vehicle in inter­ the waiver shall authorize driving in in­ nancial Reports state or foreign commerce may be evalu­ terstate commercial service for the appli­ ated and authorization, subject to con­ cant carrier only, that any arrests or On December 6, 1963, notice of pro­ trols, may be issued for them to operate convictions for violations of laws or posed rule making regarding proposed specified type vehicles, therefore; ordinances, and any revocation or sus- 4814 PROPOSED RULE MAKING pension of driving privileges will be re­ It further appearing, that due to the (c) A stop need not be made at: ported to the Director, Bureau of Motor serious accidents occurring at rail-high­ (1) A street car crossing, or railroad Carriers immediately on occurrence. way grade crossings, it is reasonable and tracks used exclusively for industrial (6) The waiver shall not exceed two necessary to establish stopping require­ switching purposes, within a business years and will be renewable, upon sub­ ments of a more encompassing and strict district as defined in § 190.12 of this mission of a new application, if approved nature as stated in the Commission’s Re­ chapter, by the Commission. port in No. 33440, dated January 22,1964, (2) A railroad grade crossing where a (7) The waiver may be suspended at Prevention of Rail-Highway Grade- police officer or crossing flagman directs any time at the discretion of the Com­ Crossing Accidents Involving Railway traffic to proceed, mission and may be cancelled by it after Trains and Motor Vehicles, therefore; (3) A railroad grade crossing where a the applicant has been given reasonable It is ordered, That pursuant to section stop and go traffic ligfit controls move­ opportunity to show cause, if any, why 4(a) of the Administrative Procedure ment of traffic, such cancellation should not be made. Act (60 Stat. 237, 5 U.S.C. 1003) notice is (4) An abandoned railroad grade (Sec. 204, 49 Stat. 546, eus amended; 49 U.S.C. hereby given of the Commission’s pro­ crossing which is marked with a sign 304) posal to amend § 192.10 Railroad grade indicating that the rail line is aban­ crossings; stopping required and § 192.11 doned, It is further ordered, That prior to fi­ Railroad grade crossings; slowing doum (5) An industrial or spur line railroad nal adoption of such regulations, consid­ required in their entirety, as follows: grade crossing marked with a sign read­ eration will be given to any written state­ ing “Exempt Crossing.” Such "Exempt ments containing data, views, or argu­ § 192.10 Railroad grade crossings; Crossing” signs shall be erected only by ments concerning the subject matter stopping required. or with the consent of the appropriate hereof which are submitted on or before state or local authority. 30 days after the service date of this or­ (a) Except as provided in paragraph der; that no oral hearing is contemplated (c) of this section, the driver of every § 192.11 Railroad grade crossings; slow­ motor vehicle described in subparagraphs ing down required. and any request for oral hearing shall Cl) through (7) of this section, before be supported by an explanation as to why crossing at grade any track or tracks of The driver of every motor vehicle evidence to be presented cannot reason­ a railroad, shall stop such vehicle within other than those listed in § 192.10, upon ably be submitted in written form. One 50 feet but not less than 15 feet from approaching a railroad grade crossing, original signed copy and 5 additional the nearest rail of such railroad and shall drive at a speed not greater than copies of such written statements con­ while so stopped shall listen and look in 25 miles per hour at all distances be­ taining data, views, or arguments shall both directions along such track for any tween 200 feet and the nearest rail of be submitted in accordance with the approaching train, and for signals indi­ such failroad and shall listen and look Commission’s general rules of practice. cating the approach of a train, and shall in both directions along such track for It is further ordered, That notice of not proceed until such precautions have any approaching train, and for signals this proceeding shall be given to motor been taken. indicating the approach of a train, and carriers, other persons of interest and to (1) Every bus transporting passen­ shall not drive upon or over such cross­ the general public by depositing a copy gers, ing until such precautions have been thereof in the office of the Secretary of taken. the Interstate Commerce Commission, (2) Every motor vehicle transporting Washington, D.C., and by filing a copy any quantity of explosives, Class A or (Sec. 204, 49 Stat. 546, as amended; 49 U.S.C. Class B, 304) thereof with the Director, Office of the (3) Every motor vehicle transporting Federal Register. any quantity of poison gas, Class A, It is further ordered, That prior to By the Commission, Motor Carrier (4) Every motor vehicle which in ac­ final adoption of such regulations, con­ Board No. 2. cordance with the Commission’s regu­ sideration will be given to any written lations is required to be marked or pla­ statements containing data, views, or [seal] H arold D. M cCoy, arguments concerning the subject mat­ Secretary. carded with one of the following mark­ ings: ter hereof which are submitted on or [F.R. Doc. 64-3293; Piled, Apr. 3, 1964; (i) Dangerous. before May 7, 1964; that no oral hearing 8:47 a.m.] (ii) Compressed gas. is contemplated and any request for oral (iii) Dangerous-^-Radioactive mate­ hearing shall be supported by an expla­ rials. nation as to why evidence to be presented [4 9 CFR Part 192] (5) Every cargo tank, whether loaded cannot reasonably be submitted in writ­ [Ex Parte MC-40] or empty, used for the transportation of ten form. One original signed copy and any liquid having a flash point below 5 additional copies of such written state­ DRIVING OF MOTOR VEHICLES 200° F, as determined by a Standard ments containing data, views, or argu­ Qualification and Maximum Hours of Method of Test for Flash Point of the ments shall be submitted in accordance Service of Employees of Motor Car­ American Society for Testing and Mate­ with the Commission’s general rules of rials, 1916 Race Street, Philadelphia, Pa., practice. riers and Safety of Operation and 19103. It is further ordered, That notice of Equipment (6) Every cargo tank transporting a this proceeding shall be given to motor At a session of the Interstate Com­ commodity which at the time of loading carriers, other persons of interest and merce Commission, Motor Carrier Board has a temperature above its flash point. to the general, public by depositing a No. 2, held at its office in Washington, (7) Every cargo tank, whether loaded copy thereof in the office of the Secre­ D.C., on the 27th day of March AD. or empty, transporting any commodity tary of the Interstate Commerce Com­ 1964. under special permit in accordance with mission, Washington, D.C., and by filing The matter of driving of motor ve­ the provision of § 73.22 of this chapter. a copy thereof with the Director, Office hicles under the Motor Carrier Safety (b) Every motor vehicle described in of the Federal Register. Regulations prescribed by order of April 14, 1952, being under consideration; and subparagraphs (1) through (7) of para­ By the Commission, Motor Carrier It appearing, that continuing study, graph (a) of this section shall be Board No. 2. equipped with a sign on the rear, in red investigation and experience have estab­ [ seal! H arold D. McCoy, lished facts which warrant amendment retrofiective letters at least 3 inches high Secretary. of Part 192 of the Motor Carrier Safety on a background of contrasting color, Regulations relating to driving of motor reading “This Vehicle Stops at Railroad [F.R. Doc. 64-3294; Filed, Apr. 3, vehicles; Crossings.’’ ' - , 8:47 a.m.] Notices thence S. 10°45'00'' W. 1,344.37 feet to the DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR Northeast Corner of Tract V; thence N. 79 °- 15'00" W. 4,154.39 feet along the North Coast Guard Bureau of Land Management Boundary of Tract V to the point of be­ ginning. [CGFR 64-15] ALASKA The areas described aggregate ap­ NEW LONDON HARBOR Notice of Proposed Withdrawal and proximately 128.215 acres. Closure to Navigation During Launch­ Reservation of Lands Tract C ing of “USS Greenling” Commencing at the point of beginning of March 30,1964. the State of Alaska, Division of Aviation’s virtue of the authority vested in The Federal Aviation Agency has filed Tract V, proceed S. 79°15'00'' E. 3,609.35 feet me as Commandant, United States Coast an application, Serial Number Fairbanks along the South Boundary of Tract V to the Guard, by Treasury Department Order 031968, for withdrawal of the lands de­ true point of beginning of this description; 120 dated July 31,1950 (15 F.R. 6521) and scribed below, from all forms of appro­ thence continue S. 79°16'00" E. 1,982.66 feet Executive Order 10173, as amended, by along said South Boundary line to a point; priation under the public land laws, thence S. 10°45'00" W. 255.63 feet to a point; Executive Orders 10277 and 10352,1 here­ including the mining laws, mineral leas­ thence N. 79°15'00" W. 1,982.66 feet to a by affirm for publication in the F ederal ing laws, grazing laws, and disposal of point; thence N. IO'45'OO" E. 255.63 feet to Register the order of J. H. Wagline, materials under the Materials Act of the point of beginning. Captain, United States Coast Guard, Act­ 1947, as amended. The applicant de­ ing Commander, Third Coast Guard Dis­ The areas described aggregate ap­ sires the land for establishing a VORTAC proximately 11.635 acres. trict, who has exercised authority as Dis­ Air Navigational Facility, under section trict Commander, such order reading as 303c of the Federal Aviation Act of 1958, D aniel A. J ones, follows:. / .' f ': Public Law 85-726 (72 Stat. 748) and (63 Manager. Special Notice New London Harbor Stat. 377; 40 U.S.C. 471). [F:R. Doc. 64-3315; Filed, Apr. 3, 1964; 8:49 a.m.] Pursuant to the request of the Commander, For a period of 30 days from the date Submarine Force, U.S. Atlantic Fleet, U.S. of publication of this notice, all persons Navy, and acting under the authority of the who wish to submit comments, sugges­ Act of June 15,1917, (40 Stat. 220) as amend- tions, or objections in connection with 'ed, and the regulations in Part 6, Chapter I, the proposed withdrawal may present DEPARTMENT OF AGRICULTURE Title 33, Code of Federal Regulations, I here­ their views in writing ttransmitters to ensure auto­ It is ordered, That: bination, without involving the realloca­ matically that low power would be used 1. Kodiak is directed to show cause tion of spectrum space between 25 and When the desired mobile unit is close to why the Board should not fix, determine, 890 Mc/s from other non-Government the base station? and publish the aforesaid rates as the radio services to the land mobile service (G) Should operation of common base fair and reasonable temporary rates of for exclusive use. station facilities by multiple private compensation to be paid Kodiak for the To explore various^possibilities for re­ users be encouraged? transportation of mail by aircraft, the solving these problems, and to mobilize (H) Should channel loading ceilings facilities used and useful therefor, and effectively the best available talent for be established, on an area basis, with a the services connected therewith over the that purpose, the Commission, as of this view to using such ceilings as criteria for carrier’s entire system on and after De­ date, in accordance with section 3(b) of initiating reallocation proceedings affect­ Executive Order 11007, is establishing an ing the area concerned, to benefit the cember 5,1960; advisory committee to be known as the congested services at the expense of 2. All further procedure herein shall Advisory Committee for the Land Mobile lightly loaded services? If so, what per- be in accordance with the rules of prac­ Service, under the chairmanship of Com­ channel loading ceilings should be ap­ tice (14 CFR Part 302) and, if there is missioner Kenneth A. Cox. Mr. James plied to each of the several services? any objection to the temporary service E. Barr, Chief of the Commission's Safety In the area of purely technical stand­ mail rates specified herein, notice thereof and Special Radio Services Bureau, is ards for the land mobile service, atten­ must be filed within 7 days and, if notice named as Vice-Chairman. A copy of tion is invited to the notice of inquiry is filed, written answer and supporting Executive Order 11007 is attached. This in Docket No. 15393 adopted this date documents must be filed within 15 days, Executive Order makes it clear that the by the Commission. Initially, at least, after the date of the service of this order; work of such a Committee must be con­ it is assumed the Committee would con­ trolled by the Commission. The Com­ centrate its efforts on other facets of the 3. If notice of objection to a rate speci­ mission anticipates that its staff will over-all problem although comments of fied herein is not filed within 7 days, participate actively in the work of the individual members in response to the or if notice is filed and answer is not Committee. inquiry would be welcomed. filed within 15 days, after service of this The role of the Advisory Committee In the area of frequency allocations, order, aU parties shall be deemed to have Will include, but will not necessarily be the Committee is to be limited to re­ waived all further procedural steps before limited to, the collection and analysis of allocation recommendations involving final decision, and the Board may enter information pertaining to the following only spectrum space already allocated an order fixing the temporary service subjects: (1) the current usage of land nationally to the various categories of mail rates specified herein as to which mobile service channels; (2) service service and sub-service in Rule Parts 21, notice of objection and answer have not growth predictions; (3) the extent to 89, 91, 93, and 95. which harmful interference exists in . In the conduct of its work, it is be­ been received; various parts of the country on various lieved that the Committee will find use­ 4. If any answer is filed, the issues in­ frequencies in the several land mobile ful the results of a detailed analysis of volved in determining the fair and rea­ service categories ; (4) technical and op­ the Commission’s land mobile service sonable temporary service mail rate shall erational measures that could be used to frequency assignment records now being be limited to those specifically raised by reduce harmful interference or to in­ made by the Land Mobile Section of the the answer, except insofar as other issues crease spectrum utilization efficiency; Electronic Industries Association. This are raised in accordance with Rule 307 (5) the possible use of frequencies above EIA study is expected to become avail­ of the rules of practice; and 890 Mc/s by the land mobile service; and able in the near future. 5. This order be served upon Kodiak (6) ways in which this Commission might Based upon information gathered and Airways, Inc., and the Postmaster Gen­ improve the administrative and fre­ studies made, it will be the task of the eral. • quency assignment procedures and rules Advisory Committee to recommend to the now applicable to the several categories Commission courses of action which may This order will be published in the Fed­ of the non-Government land mobile serv­ alleviate the present and anticipated eral R egister. ice, both common carrier and private. congestion in the land mobile service, By the Civil Aeronautics Board. The following examples represent but consistent with the public interest. Also, a few of the many areas in which the Committee comments will be welcomed in [ seal] Harold R. S anderson, committee could be expected to make response to the Notice of Proposed Rule Secretary. helpful recommendations: Making adopted this date in Docket No. [F.R. Doc. 64-3370; Filed, Apr. 3, 1964; (A) Should the rules be amended to15399 as well as with respect to other 8:62 am.] limit the maximum effective radiated Notices which may hereafter be issued. f Saturday, April 4, 1964 FEDERAL REGISTER 4819 The Commission wishes to emphasize industry made on a geographic, service or (f) In the case of advisory committees product basis. other than industry advisory committees, that, although the Committee will be Sec. 3. No advisory committee shall be the department or agency head may waive advisory only, its recommendations are formed or utilized by any department or compliance with any requirement contained expected to be most helpful to all persons agency unless in subsection- (a), (b) or (c) of this section concerned with improving the present (a) specifically authorized by law or when he formally determines that com­ posture of the non-Government land (b) specifically determined as a matter pliance therewith would interfere with the mobile service. of formal record by the head of the depart­ proper functioning of such a committee or It is anticipated that the membership ment or agency to be in the public inter­ would be impracticable, that adequate pro­ of the Advisory Committee will consist est in connection with the performance of visions are otherwise made to insure that duties imposed on that department or agen­ committee operation is subject to Govern­ of, but not be limited to, persons who are cy by law. ment control and purpose, and that waiver licensees of the Commission in the land Sec. 4 Unless specifically authorized by of the requirement is in the public interest. mobile service, persons representing such law to the contrary, no committee shall be Sec. 7. The head of each department or licensees, persons representing manu­ utilized for functions not solely advisory, agency sponsoring an advisory committee facturers of electronic equipment and and determinations of action to be taken may prescribe additional regulations, con­ representatives of associations of such with respect to matters upon which an ad­ sistent with the provisions and purposes of licensees or manufacturers. visory committee advises or recommends this order, to govern the formation or use Persons shall be made solely by officers or employees of such committees, or the appointment of desiring to participate in the of the Government. members thereof. work of the Committee should advise the Sec. 5. Each industry committee shall be Sec. 8. An advisory committee whose dura­ Chairman Of the Committee, Commis­ reasonably representative of the group of tion is not otherwise fixed by law shall termi­ sioner Kenneth A. Cox, in writing to that industries, the singlé industry, or the geo­ nate not later than two years from the date effect by May 1, 1964, stating therein graphical, service, or product segment of its formation unless the head of the their relationship to the land mobile thereof to which it relates, taking into ac­ department or agency by which it is utilized radio industry. count tfhe size and function of business determines in writing not more than sixty An organizational meeting will be held enterprises in the industry or industries, days prior to the expiration of such two- and their location, affiliation, and competi­ year period that its continued existence is at a time and place to be specified in a tive status, among other factors. Selection in the public interest. A like determination later notice. of industry members shall, unless otherwise by the department or agency head shall be Adopted: March 26,1964. provided by statute, be limited to individ­ required not more than sixty days prior uals actively engaged in operations in the to the end of each subsequent two-year pe­ F ederal Communications particular industry, industries, or segments riod to continue the existence of such com­ Com m ission,1 concerned, except where the department or mittee thereafter. For the purpose of this [seal] B en F. Waple, agency head deems such limitations would section, the date of formation of an ad­ Secretary. interfere with effective committee operation. visory committee in existence on the date Sec. 6. The meetings of an advisory com­ of publication of this order shall be deemed Executive Order 11007 mittee formed or used by a department or to be July 1, 1960, or the actual date of its PRESCRIBING REGULATIONS FOR T H E FO RM ATION agency shall be subject to the following formation, whichever is later. AND USE OF ADVISORY COMMITTEES rules: Sec. 9. The requirements of this order (a) No meeting shall be held except at shall not apply: WHEREAS the departments and agencies the call of, or with the advance approval of, (a) to any advisory committee for which of the Government frequently make use of a full-time salaried officer or employee of the Congress by statute has specified the pur­ advisory committees; and department or agency, and with an agenda pose, composition and conduct unless and WHEREAS the information, advice and formulated or approved by such officer or to the extent such statute authorizès the recommendations obtained through advisory employee, President to prescribe regulations for the corrunittees are beneficial to the operations (b) All meetings shall be under the chair­ formation or use of such committee; of the Government; and manship, or conducted in the presence of, (b) to any advisory committee composed WHEREAS it is desirable to impose uni­ a full-time salaried officer or employee of wholly of representatives of State or local form standards for the departments and the Government who shall have the author­ agencies or charitable, religious, educational, agencies of the Government to follow in ity and be required to adjourn any meeting civic, social welfare, or other similar non­ forming and using advisory committees in whenever he considers adjournment to be profit organizations; order that such committees shall function at in the public interest. (c) to any local, regional, or national com­ all times in consonance with the antitrust . (c) For advisory committees other than mittee whose sole function is the dissemina­ and conflict of interest laws: industry advisory committees, minutes of tion of information for public ageribies, or NOW, THEREFORE, by virtue of the au­ each meeting shall be kept which shall, as to any local civic committee whose primary thority vested in me by the Constitution and a minimum, contain a record of persons function is that of rendering a public serv­ statutes, and as President of the United present, a description of matters discussed ice other than giving advice or making rec­ States, it is hereby ordered as follows: and conclusions reached, and copies of all ommendations to the Government. Section 1. The regulations prescribed in reports received, issued, or approved by the Sec. 10. (a) Each department and agency this order for the formation and use of committee. The accuracy of all minutes utilizing advisory committees shall publish advisory committees shall govern the depart­ shall be certified by a full-time salaried of­ in its annual report, or otherwise publish ments and agencies of the Government to ficer or employee of the Government pres­ annually, a list of such committees, includ­ the extent not inconsistent with specific ent during the proceedings recorded. ing the names and affiliations of their mem­ law. (d) A verbatim transcript shall be kept of bers, a description of the function of each Sec. 2. As used herein. . all proceedings at each meeting of an indus­ committee and a statement of the dates of (a) The term “advisory committee” means try advisory committee, including the names its meetings: Provided, That the head of any committee, board, commission, council, of all persons present, their affiliation, and the department or agency concerned may conference, panel, task force, or other similar the capacity in which they attend: Pro­ waive this requirement where he determines group, or any subcommittee or other sub­ vided, That where the head of a depart­ that such annual publication would be un­ group thereof, that is formed by a depart­ ment or agency formally determines that a duly costly or iinpracticable, but shall make ment or agency of the Government in the verbatim transcript would interfere with the such information available, supon request, to interest of obtaining advice or recommenda­ proper functioning of such a committee or the Congress, the President, or the Attorney tions, or for any other purpose, and that is would be impracticable, and that waiver of General. not composed wholly of officers or employees the requirement of a verbatim transcript is (b) A copy of each such report shall be of the Government. The term also includes in the public interest, he may authorize in furnished to the Attorney General, and all any committee, board, commission, council,, lieu thereof the keeping of minutes which records and files of advisory committees, in­ conference, panel, task force, or other similar shall, as a minimum, contain a record of per­ cluding agenda, transcripts or notes of meet­ group, or any subcommittee or other sub­ sons present, a description of matters dis­ ings, studies, analyses, reports or other data group thereof, that is not formed by a de­ cussed and conclusions reached, and copies compilations or working papers, made avail­ partment or agency, but only during any of all reports received, issued, or approved able to or prepared by or for any such ad­ period when it is being utilized by a depart­ by the committee. Hie accuracy of all min­ visory committee, shall be made available, ment or agency in the same manner as a utes shall be certified to by a full-time upon request by the Attorney General, to Government-formed advisory committee. salaried officer or employee of the Govern­ his duly authorized representative, subject (b) The term “industry advisory commit­ ment present during the proceedings to such security restrictions as may be tee” means an advisory committee composed recorded. properly imposed on the materials involved. predominantly of members or representatives (e) Industry advisory committees shall Sec. 11. This order supersedes the direc­ of a single industry or group of related in­ not be permitted to receive, compile, or tive of February 2, 1959, entitled “Standards dustries, or of any subdivision of a single discuss data or reports showing the current and Procedures for the Utilization of Public or projected commercial operations of identi­ Advisory Committees by Government De­ 1 Commissioner Hyde absent. fied business enterprises. partments and Agencies," and all provisions No. 67----- 5 4820 NOTICES of prior Executive orders to the extent they 4. While not limiting the range of in­with the Secretary of the Commission on are inconsistent herewith. terested parties in this inquiry, the Com­ or before October 1,1964. J ohn F. Kennedy mission is hopeful that technical groups Adopted: March 26,1964. T he White House, such as the Joint Technical Advisory February 26,1962. Committee (JTAC) and Electronic In­ Released: March 27,1964. dustries Association (EIA) will respond [FH. Doc. 64-3243; Filed, Apr. 3, 1964; F ederal Communications 8:45 a.m.] to the following questions: Commission,1 A. In the frequency band 150.8-162 [seal] B en F. Waple, Mc/s, assuming same-area operation and Secretary. [Docket No. 15398; FCO 64-265] without being limited by the 15 kc/s or 30 kc/s spacings now specified in the [F.R. Doc. 64-3242; Filed, Apr. 3, 1964; LAND MOBILE SERVICE Commission’s rules, what is the mini­ 8:45 ajn.] Frequency Spacing and Sharing mum practicable channel spacing in the present state of technology for FM sys­ [Docket No. 11997; FCC 64-264] In the matter of an inquiry into the tems with no marked degradation in optimum frequency spacing between as­ quality of comunication service for: ALLOCATION OF FREQUENCIES signable frequencies in the Land Mobile 1. Older equipment now in service and Service and the feasibility of frequency operating oil the basis of 30 kc/s chan­ Report and Order sharing by television and the Land Mobile nelling? In the matter of statutory inquiry into Service. 2. Equipment in current production? the allocation of frequencies to the vari­ 1. The Commission today adopted a 3. Equipment which could be available ous non-Government Services in the report and order terminating its inquiry four years hence, but based upon today’s radio spectrum between 25 and 890 Mc/s; into the allocation of frequencies be­ technology? petition for allocation of 840-890 Mc/s tween 25 and 8,90 Mc/s in Docket No. B. In the frequency band 150.8-162 band for Common Carrier Fixed Oper­ 11997. For reasons set forth in the re­ Mc/s, assuming 15 kc/s spacing between ations; amendments of Parts 2 and 10 port and order, the Commission con­ assignable channels: of the Commission’s rules to allocate a cluded, among other things, that most 1. To what extent should geographical single UHF-TV Channel in the upper frequency problems now confronting the separation be considered with respect to portion of the UHF-TV range to the land mobile service would have to be re­ adjacent channel assignments to ensure Public Safety Radio Services for opera­ solved through more effective utilization no marked degradation in quality of tions of public safety entities; inquiry of available spectrum space, rather than communication service? into the problem of additional frequency through the medium of allocating addi­ 2. Is there any net advantage in mak­ space for Land Mobile Services; an in­ tional space on an exclusive basis to that ing 15 kc/s assignments, at least in some quiry into the present and future require­ service. This inquiry is instituted pur­ services, without regard to geographical ments of the Public Safety Radio Serv­ suant to that objective. separation from adjacent channel as­ ices for the allocation of radio frequen­ 2. The frequency spacing between as­ signments, even though some adjacent cies; Docket No. 11997, RM 51, RM 251, signable channels specified in the Com­ channel interference is caused? RM 370. mission’s land mobile service rules today C. In the bands 150.8-162 and 450-470 Preliminary statement. 1. This in­ derives as much from convenience in Mc/s, disregarding administrative con­ quiry into the allocation of frequencies in implementation as from advances in the siderations, is there any net technical the 25-890 Mc/s band was instituted by state of the art. In other words, initial advantage to random selection of fre­ the Commission on its own initiative in developments in the vicinity of 150 Mc/s quencies, on an engineered basis, taking April of 1957 (FCC 57-365, April 5, 1957; were based upon 120 kc/s separation be­ into account the geographical separa­ 22 F.R. 2684, April 17; 1957). Com­ tween assignable channels. As the state tion from adjacent channel users? As ments in response to the order of inquiry of the art progressed and the demand an example, assume assignments A and were submitted on behalf of most of the for additional channels developed, this B are 30 kc/s apart. Should applicant major radio services, either by user spacing was halved to 60 kc/s and sub­ C be assigned a frequency 20 kc/s from groups or by other entities having an sequently halved again to 30 kc/s. A and 10 kc/s from B if physically closer interest in those services. Interested Through this same process came the 15 to A in order to equalize mutual inter­ groups were given a further opportunity kc/s splits or “tertiaries”. The control­ ference among A, B and C? to present their views during 14 days of ling factor was thus convenience rather D. To what extent is the sharing by hearings before the Commission en banc than what the optimum spacing might the land mobile service of television during June of 1959. The record in this be to achieve maximum usage of the Channels 2 through 13 feasible, with spe­ proceeding consists of the written com­ band. This factor should be studied, cific answers to the following questions: ments, written testimony and exhibits, with initial emphasis being placed on 1. What technical criteria/parameters statements of proposed testimony, and the frequency band 150.8-162 Mc/s. must be developed and imposed upon the the transcript of the hearing sessions. 3. Although initial Commission studies proposed sharing operations? 2. Although some of the matters raised are not encouraging (see Office of Chief during the inquiry have been resolved Engineer Report No. R-6306), the feasi­ 2. What other restrictions (time, since 1959 and other events have tran­ bility of the land mobile service shar­ proximity, etc.) should be imposed? spired affecting the use of the spectrum ing frequencies now allocated to tele­ 3. What mutual interference effects between 25 and 890 Mc/s, the Commis­ vision broadcasting must also be studied. via ionospheric propagation may be ex­ sion considers a review of this proceed­ However, because the UHF television al­ pected for Channels 2 through 6? ing and public pronouncement of certain lotment plan is more fluid than is the 4. Should only mobile or only base sta­ policies emanating therefrom to be VHF plan with its relatively stable pat­ tions be permited to share television appropriate. tern of usage and well established as­ channels thus requiring a cross-band 3. In this document, we are confining signments in areas where congestion now type of operation? ourselves to consideration of issues I and exists in many of the land mobile serv­ 5. Assuming a given metropolitan area n raised in the order of inquiry. That ices, it is believed the question of shar­ is, we are reviewing the utilization of the ing should be limited to Channels 2 (e.g., New York, Chicago or Los Angeles) frequency spectrum by the various serv­ through 13 at this time. The National what degree of relief, in terms of usable ices and are considering the frequency Association of Manufacturers (NAM) spectrum space under a given set of tech­ requirements of existing and potential petition (RM-566) filed on February 3, nical conditions, could he expected for radio users. Information submitted on 1964, proposes shared use of TV Chan­ the land mobile service by techniques other aspects of this Inquiry, though not nels 14 and 15 with the land mobile serv­ designed to provide maximum sharing of discussed herein, will be considered by ice on a geographical basis. The NAM television Channels 2 through 13? the Commission in the future, and will be petition will remain in pending status 5. Interested parties filing commentsdrawn upon, as the need arises. The and be studied further by the Commis­ in response to this inquiry are requested sion. to file an original and fourteen copies 1 Commissioner Hyde absent. Saturday, A pril 4, 1964 FEDERAL REGISTER 4821 ¡discussion that follows will be based Below 100 Mc/s, 4.8 Mc/s, 240 channels, 20 region. Although the need for frequen­ partly on the information submitted in kc/s channel spacing. cies in the 450-470 Mc/s band was not this proceeding and partly on data that 100-300 Mc/s, 18.0 Mc/s, 800 channels, clearly predictable, an estimate of an 30 kc/s channel spacing. was have become available since then and on Above 300 Mc/s, 18.0 Mc/s, 360 channels, additional 10 pairs considered to events that have subsequently taken 50 kc/s channel spacing. be conservative. place, m ; < 10. Forest Products Radio Service. 4. Hie portion of the spectrum from 25 No suggestions as to the possible source The ForesirProducts Radio Service, to 216 Mc/s is now very heavily used. of spectrum or as to which services which shares many of the frequencies It contains the most heavily used land should be deleted'or reallocated were with the Petroleum Radio Service, was mobile radio frequencies, the PM broad­ proffered, however. represented by the Forest Industries Ra­ cast band, the VHP television band, fre­ 7. Motorola indicated that the landdio Communications (FIRC), an indus­ quency segments allocated to the Avia­ mobile service should have twice the try association. In addition to the fre­ tion services, a small amount of space amount of spectrum available by 1967 quencies shared with petroleum, exclu­ available to the Marine services, space as was available in 1957. It was pre­ sive frequencies are available in the 29 available to amateurs, and some inter­ dicted that, by 1967, the number of sta­ Mc/s region. According to FIRC, of spersed bands allocated to the Govern­ tions would be approximately four times the outstanding authorizations, 36 per­ ment services. The band from 216 to as large as in 1957 and that, although cent were operating in the 152 Mc/s area 470 Mc/s, contains primarily Govern­ channel splitting would take care of half and 64 percent on frequencies below 50 ment spectrum space with some inter­ of the growth, additional frequencies Mc/s. FIRC reported that the 152 Mc/s spersed amateur allocations and the in­ would be required. It was suggested frequencies were used primarily in the creasingly important block assigned to that the additional frequencies should West because high mountain locations the land mobile services, 450-470 Mc/s. be adjacent to the bands presently allo­ are available. Because of the relatively The remaining band 470-890 Mc/s, is cated to the services in question. Motor­ flat terrain, those frequencies are not assigned to UHP television. ola recommended that 55 additional used in the South. Additionally, it was 5. The majority of those filing com­ megacycles be allocated to private land reported that, except for control and re­ ments represented the land mobile serv­ mobile services to meet further growth peater operations, frequencies in the 450 ices in the Safety and Special Radio predictions. Specifically, it was recom­ Mc/s area are useless to the forestry in­ Services, which will be referred to here­ mended that the bands 50-72 Mc/s, 140- dustries because of propagation charac­ after as the private land mobile services. 150 Mc/s and 162-166 Mc/s and 470-489 teristics, foliage absorption, etc. FIRC These services are divided by user cate­ Mc/s be allocated for that purpose and maintained that their primary need for gory into the Industrial Radio Service that television be allocated to the 174- frequencies is in the area below 100 Mc/s (Part 91 of the Commission's rules), the 354 Mc/s region. because their communication require­ Public Safety Radio Service (Part 89), Industrial Radio Services. 8. Petro­ ments are primarily mobile-to-base and and the Land Transportation Radio leum Radio Service. Presentations on mobile-to-mobile operation with a wide Service (Part 93). Approximately 38 behalf of the Petroleum Radio Service area coverage. Based upon estimâtes of Mc/s have been allocated to these serv­ were made by the Central Committee on growth, FIRC estimated that 20 exclu­ ices in the band 25-890 Mc/s. The total Radio Facilities of the American Petro­ sive frequencies below 50 Mc/s would be consists of segments of the three land leum Institute (Central Committee), by required by 1968. In the 125-174 Mc/s mobile bands 25-50 Mc/s, 150.8-162 Mc/s the American Gas Association (AGA) and 450-460 Mc/s regions, it was stated and 450-470 Mc/s. During the 1947- and by the Texas Gas Transmission Cor­ that at least twice and even as many as 1957 decade, the number of authorized poration (Texas Gas). Considerable in­ three times the number of frequencies transmitters in those services increased formation was presented describing ex­ presently available would be required to from approximately 35,000 to 875,500. tensively the use of radio by the petro­ accommodate further expansion. (In the period 1957-1962, an additional leum, and gas and ^pipeline industries. 11. Special Industrial Radio Service. 826,760 transmitters were authorized, Central Committee stated in detail that Presentations concerning the Special In­ thus making a total of 1,702,260 out­ the petroleum industry employs radio in dustrial Radio Service were made by the standing at the end of June, 1962.) It is all phases of its operations, in geophysi­ Special Industrial Radio Service Associa­ clear that the use of radio by the private cal exploration, well drilling, oil field tion (SIRSA) ; American Iron Ore As­ land mobile services has been interwoven operation, pipelining and distribution. sociation (AIOA) ; American Mining into the economic and social fiber of our Exploration and drilling is carried out in Congress (AMC) ; Hawaiian Sugar Plant­ society. Unquestionably, its use renders sparsely settled areas, such as off-shore, ers Association (HSPA) ; Pineapple vital service and direct benefit not only as in the marshes of Louisiana and in Growers Associaton of Hawaii (PGAH) ; to the users, but to the public at large. remote areas oj Montana, Wyoming and Mesabi Radio Corporation (Mesabi) ; Na­ Public utilities, manufacturing, petro­ North Dakota, where telephone commu­ tional Ready Mixed Concrete Association leum, trucking, railroads and aviation are nications are unavailable. In connec­ (Concrete) ; National Sand and Gravel but a few of the companies/industries tion with pipelines, laid across sparsely Association (National); Petroleum that utilize its capacity, populated areas, radio is used to report Equipment Suppliers Association 6. Both Motorola, Inc. and the Land gauge measurements, leakage, breaks (PESA) ; Potter-DeWitt Corporation Mobile Section of the Electronic Indus­ and in connection with the operation (Potter) ; West Machinery Company, Inc. tries Association (EIA) submitted data and maintenance of pipelines in general. (West) ; and by the Seismograph Service reflecting the channel occupancy of typi­ Texas Gas described the use of radio in Corporation (SSC). cal frequency assignments ln the various connection with the transmission of gas 12. The Special Industrial Radio services. Based upon 1958 overall fig­ by pipelines. In the petroleum industry, Service has been allocated frequencies in ures of number of channels available the heaviest use of radio was shown to the 35-50 Mc/s band, in the 150-162 versus number of assignments, an aver­ be in one area consisting of Texas, Loui­ Mc/s area and in the 450-470 Mc/s age of 800 assignments per channel siana, Arkansas and Mississippi. region. SIRSA and the others described nationwide was derived. It was then 9. Central Committee stated that thein considerable detail that the frequen­ estimated that, by 1963, even with the period 1950-1958 reflected a four-fold cies are utilized in conjunction with increase in the number of station assign­ nearly all aspects of farm management, availability of split channels, the average ments and transmitters. In view of the number would rise to over 1000 assign­ mining and of all types of ores, liquefied growth experienced prior to this proceed­ gas distribution, construction of high­ ments per; channel. In order to meet ing, it was anticipated that 40-50,000 ways, Ridges, docks, dams, large build­ projected growth of the land mobile serv­ new Units would need to be accommo­ ings, etc. They are ^also used by the ice through 1968, EIA estimated that a dated by 1968 in addition to meeting the petroleum service and supply entities requirement for 2576 channels would needs of existing users of from 65-85,000 which provide special services to the oil exist. In order to meet this additional units. To meet these requirements, industry. Such services include concret­ requirement of 1200 channels, EIA pro­ Central Committee asked for 25 to 30 ing, logging, acidizing, sampling, core posed a reallocation of 40.8 Mc/s of'spec- additional exclusive frequencies in the analyses, perforating and directional trum to be apportioned from the follow­ 25-50 Mc/s area and 10/to 15 additional drilling. Many of these operations take ing bands: exclusive frequencies in the 150-173 Mc/s place in areas where telephones are not 4822 NOTICES readily accessible such as remote and mony indicated a need for 18 additional recommended that VHF-TV should be rugged areas and in offshore areas such channels in the 152-162 Mc/s band. This that the State does not support the view) as the Gulf of Mexico. total is derived from: four needed for low moved to UHF and the present VHP 13. Testimony and comments filed power use within the plant, which may channels allocated to the land mobile during the course of this proceeding re­ be shared with the Forest Products and radio services. Additionally, it was pro­ flected a heavy demand for additional Petroleum Services; 10 shared frequen­ posed that the 50-88 Mc/s should be al­ frequencies in this service. SIRSA cies to provide for growth; and four ex­ located to land mobile, that Amateur be stated that the Special Industrial Radio clusive frequencies to meet manufac­ moved from 50-54 to 46-50 Mc/s; that Service would require 42 additional chan­ turers’ need for reliable communications the 25-46 Mc/s band be reserved for nels in the 25-50 Me/s band; 38 in the in basic production control and to ac­ Citizens, Amateur, ISM and Government 150.8-162 Mc/s band; and 17 more in the commodate systems in the areas where including scatter; that frequencies be­ 450-470 Mc/s band. Although it was sharing is not feasible. In the 460-470 tween 150 and 200 Mc/s be reallocated to considered desirable to provide the fre­ Mc/s band, 10 additional exclusive pairs land mobile with the Government serv­ quencies from spectrum adjacent to ex­ were requested for growth and to permit ices moved to 200-216 Mc/s; and that isting land mobile ^ bands, allocations development of mobile relay systems. A 400-410 Mc/s be allocated to Government from other portions of the spectrum need for two exclusive pairs in this band and meteorological services, 410-430 would be acceptable. Three possible was also foreseen to meet plant security Mc/s to Amateur and 430-470 Mc/s to sources of such frequencies given were: and emergency purposes. the land mobile radio service. (1) return of the 49 Mc/s band to the 17. Power Radio Servicp. The Na­ 21. Further, California recommended special industrial radio service from non- tional Committee for Utilities Radio, rep­ that police allocations receive top priority Govemment transatlantic scatter opera­ resenting the gas, electric and water in eliminating interference. Other gen­ tions; (2) frequencies in the 450-470 companies operating in the Power Radio eral recommendations included: (l) a Mc/s band (then little used) ; and (3) Service, submitted data showing that pool system of allocations to Public reallocation to non-Government use of 133,039 transmitters were authorized to Safety should be set up only if the Com­ certain Government bands alleged to be operate on 83 available channels in 1959. mission appointed coordinating groups lying fallow. These needs, according to Thus, these channels (consisting of 54 for recommending assignments on a geo­ the SIRSA witness were based upon pro­ in the 30-50 Mc/s band, 19 in the 152-174 graphical basis; (2) broadband transmis­ jected growth in the number of trans­ Mc/s band, and 10 in the 450-460 Mc/s sion techniques could be used on an engi­ mitters in use by 1968. band) had a nationwide average load­ neered basis in large metropolitan areas; 14. The AMC stated that it was diffi­ ing of over 1600 transmitters per channel. (3) protective contour methods should cult to calculate the needs of the Special To meet long range requirements, a need be employed in making public safety as­ Industrial Service; but that special con­ was expressed for an additional 29 chan­ signments; and (4) that growth in the nels in the 30-50 Mc/s band, 4 in the use of personalized transceivers, closed sideration should be given to allocations 152-174 Mc/s band and 10 in the 450-460 "circuit television and teleprinters should in areas in which the assigned frequen­ Mc/s band. be anticipated. The aforementioned cies would be used. Concrete Snd NSGA Public Safety Radio Services. 18. Gen­ comments were also endorsed by the asserted only that the use of radio will eral. Comments concerning the Public CPSRA and by Kern and Los Angeles expand, but did not submit projected Safety Radio Services were submitted by counties presentations. requirements. Mesabi requested only the State of California, California Public 22. Police Radio Service. The asso­ that “an adequate number of frequen­ Safety Radio Association (CPRA), and ciated Police Communications Officers, cies in the 27-50 Mc/s, 72-76 Mc/s, 150- by Kern County and Los Angeles County, Inc. (APCO), Eastern States Police Ra­ 162 Mc/s and 450-460 Mc/s bands should California, in a combined discussion of dio League and the International Asso­ be protected” for special industrial use. all public safety users within their re­ ciation of Chiefs of Police made presen­ AIOA recommended that the Commis­ spective political subdivisions. The pres­ tations on behalf of the Police Radio sion adopt rules and make such alloca­ entations generally dealt with conditions Service. tions as necessary to insure full and existing in the Los Angeles area. While, 23. APCO stated that in 1958 there complete satisfaction of the iron ore in a sense, the presentation of congestion were authorized 10,239 base and 156,500 mining industry needs. Further, it was is somewhat distorted when compared mobile units in the Police Radio Service. asserted that the method of block alloca­ with the service on a nationwide basis, a In the 150-160 Mc/s band, an average tion of frequencies to specific industrial picture of the situation generally pre­ of 101 mobile units are authorized per servicés is wasteful of radio spectrum. vailing in major metropolitan areas was assignment. However, they (APCO) The HSPA and PGAH stated that pres­ set forth. consider that loading of over 50 units ent allocations were adequate and would 19. The 36 frequencies available for per channel threatens degradation of continue to be so due to the separation police in the 152-162 Mc/s band report­ the service significantly. Furthermore, of the individual islands and of Hawaii edly were all assigned in the Los Angeles population growth and population shifts from the mainland. area. The same situation was said to and the resulting increase in crime re­ 15. Manufacturers Radio Service. The exist for the 12 frequencies available for quire that present communication sys­ Manufacturers Radio Service presenta­ fire licensees in the area. Loading varied tems must expand and that new sys-, tion was made by the National Associa­ from 40 to 600 cars per channel, accord­ terns be established. Requirements for tion of Manufacturers, Committee on ing to submitted figures. Comparable intersystem and interzone communica- Manufacturers Radio Use (NAM), This loading data were not given for 25-50 and tions and coordination have been con­ service, established on August 1, 1958, 450-470 Mc/s. In the San Francisco stantly increasing. Subminiature re­ was only a year old when oral testimony area, loading and utilization is less heavy ceivers and transmitters are available was presented. Consequently, exten­ although most of the frequencies in the and can be carried in the pocket of an sive concrete information on utilization 150 Mc/s and 450 Mc/s bands are in use. officer’s uniform. Use of “walkie-talkie” was not yet available. In general, ac­ CPRA indicated that, in the 14 Southern equipnxent, which is not subminiature in cording to NAM, the use of radio in the California counties in which it operates, size, is on the increase. Both of these Manufacturers Radio Service was con­ the 47 channels available in the 150 types of equipment employ low power fined to plant areas. Within small areas, Mc/s band to the Police and Fire Serv­ and require the use of frequencies other it is used for dispatching and controlling ices combined supported a total of 248 than those on which higher power nor­ material, component parts and finished base, 5,877 mobile, 37 control and 10 mo* mal base and mobile systems operate. product vehicles. Powers of three watts bile relay stations. Kern and Los Angeles 24. APCO stated that at that point or less are adequate for these purposes. Counties allied themselves with com­ they could not tell precisely how much Radio was also being used for control of ments filed by the State of California and additional frequency space would be vehicles between the separate areas of with CPRA. needed for future requirements. It was the same plant and between plants oper­ 20. In view of the prevalent congestion urged that the 34 split channels in the ated by the same company or subcon­ in the land mobile bands, a general re­ police 150 Mc/s region be made available tractors. ' Consequently, higher power allocation of frequencies was proposed to the service as soon as possible although and mobile relays may also be necessary, for the 25-890 Mc/s bands. The State of those frequencies alone would not fully 16. Despite the paucity of data reflect­ California (despite a conflicting state­ meet the frequency problems then ex­ ing actual growth requirements, testi­ ment from Governor Brown to the effect isting. APCO also requested eight fre- Saturday, A pril 4, 1964 FEDERAL REGISTER 4823 auencies in the 150-160 Mc/s band for mobile channels in the 100-890 Mc/s American Municipal Association (AMA). state ¿police use on a non-interference range, four pairs of control channels The AMA stated categorically that ad­ basis for mobile and control operation. with 10 Mc/s of spacing between pairs in ditional frequencies are needed in cer­ Generally, APCO stated that existing the 450-890 Mc/s range, eight channels tain areas and, in view of the fact that public safety uses would require 118 ad­ to supplement the wire-line needs of civil frequencies are interspersed between ditional frequencies for police, 47 for defense, 20 additional channels in the fire and police services, there is difficulty fire, 30 for highway maintenance and 6 range 100-890 Mc/s for the Local Gov­ in coordination. A minimum of five ad­ for the control of devices such as traffic ernment Radio Service, including civil ditional frequencies in the 150 Mc/s band signals, telemetering and signaling with­ defense liaison circuits with point-to- was allegedly required to meet the future in the next ten year period (through point permitted on at least six of the demands of governmental service in met­ 1968). Local Government was alleged to 20, and four channels (above 500 Mc/s) ropolitan areas of 500,000 population or require 80 frequencies. The most desir­ to be used by emergency mobile units more and having satellite communities. able spectrum space was stated to be in controlling traffic signals. AMA believed, however, that a more that between 40 and 200 Mc/s; however, 28. Forestry-Conservation Radio Serv­ realistic view would be for 15 additional 40-500 Mc/s or 40-600 Mc/s would be ice. The Forestry-Conservation Com­ frequencies in the 150 Mc/s band, ex­ suitable. munications Association (FCCA), in cluding the tertiary (15 kc/s split) chan­ 25. The Eastern Police Radio League setting forth the status of the Forestry- nels. The communities represented by (EPRL) described in considerable de­ Conservation Radio Service, indicated AMA have no need for frequencies in tail the present and future uses of radio that the bands 30.86-31.98 Mc/s, 46.54- the 45 Mc/s region and it was recom­ by police. Such uses include voice com­ 46.82 Mc/s, 72.14-75.98 Mc/s, 156.87- mended that they be reserved for larger munications between base and mobile, 161.13 Mc/s, 170.425-172.375 Mc/s and governmental entities such as counties mobile-to-mobile, base-to-base, inter­ 453.65-458.65 Mc/s then allocated were and states. The AMA recommended departmental communications, radio being used by 19,894 assignments in 1958. that 84 Mc/s of currently allocated UHF links, radio telegraph, local, state and This represented a growth of approxi­ TV spectrum be reallocated to land nationwide teletype, traffic control and mately 4500 units over the previous year. mobile radio use. traffic lights control, radar, facsimile for It was estimated that a requirement for Land Transportation Radio Services, exchange of pictures and fingerprints, 30,000 stations would exist by 1967, a 32. Railroad Radio Services. The Asso­ and, for the future, local, state and figure that was supported by the Ohio ciation of American Railroads (AAR) nationwide police television systems.; Division of Wildlife, Department of Nat­ and the Southern Railway Company EPRL foresaw expansion of police com­ ural Resources (Ohio). (Southern) spoke for the railway indus­ munications systems to include district 29. To meet these requirements, the try. The Railroad Radio Service has attorneys and prisons. To meet present FCCA believed that a minimum of 10 available exclusive frequencies in the 160 minimum needs, the frequencies gained additional 150 Mc/s channels would be Mc/s range and in the 450 Mc/s range, by channel splitting should be made required by 1967. It was claimed that and access to certain other shared bands. available. Additional frequencies above the limited propagation range at 150 Both AAR and Southern described in 450 Mc/s should be made available for Mc/s necessitates more base stations per detail the use of radio by the railroad new uses. New frequencies should be unit area, thus requiring more channels. industry and stated that radio had be­ provided for police television and radar Ohio requested that the split interspersed come an integral part of railroad opera­ speed control, among others. channels in the 44.64 through 45.04 Mc/s tions. It is used for communications 26. The International Association of band and the frequencies in the 150.8 to between the engine and caboose, train- Chiefs of Police endorsed the position of 152 Mc/s band be made available to the to-train, point-to-point, for yard and APCO and presented further justifica­ members of FCCA. terminal service and for miscellaneous tion for the need of police jadio. It 30. Highway Maintenance Radio Serv­ communications such as railroad police, stated that the crime rate is increasing ice. The needs of the Highway Main­ maintenance trucks, wreckers, supply four times faster than the population. tenance Radio Service were presented by trains, etc. Both AAR and Southern In 1958, the crime rate was 56.2 percent the Department of Commerce, Commit­ indicated that no additional frequencies over that in 1950. Nationwide motor tee on Use of Radio in Highway Depart­ were required; however, both requested vehicle registration increased from 38 ments and by the following State high­ the Commission to continue the existing million in 1947 to over 67 million in 1957. way departments: Florida, Michigan, allocations. It was pointed out that ex­ During this period the population of the Mississippi, North Carolina, Texas, Vir­ isting frequencies were required in order United States increased by 18 percent. ginia and Wyoming. The service had to meet demands for communications in To cope with the increasingly complex available 20 channels in the 40 Mc/s large terminal areas such as Chicago and job of law enforcement, the police rely region and 28 channels in the 150.8-162 Kansas City and for foreseeable growth heavily on radio communications. Prom Mc/s band. These channels were sup­ or new needs. The potential new needs 1947 to 1958 the number of authorized porting 27,543 authorizations on January include: communications between opera­ police radio stations increased from 4132 1,1959, with much of the growth result­ tors of mechanized equipment used for to 10,239. The authorized mobile units, ing from the impetus of Federal Aid to repairing rights-of-way, automatic hot- during the same period, increased from Highway Acts in 1956 and 1958. Inter­ box detectors, automatic devices for 32,000 to 156,000. Their need for ex­ ference problems due to long-range skip warning of unsafe track conditions, etc. panded facilities, new facilities and for are prevalent in the 25-50 Mc/s region; 33. Motor Carrier Radio Service. The new uses of radio will require more fre­ for that reason, much of the usage has Motor Carrier Radio Service is subdi­ quency space. been concentrated in the higher band. vided into three groups: Intercity car­ 27. Fire Radio Service. The Fire Ra­ There was general agreement that fre­ riers of passengers, urban transit, and dio Service presentation was made pri­ quencies in each of the three land mobile motor carriers of property. Presenta­ marily by the International Municipal bands are required for the service, with tions on behalf of these groups were Signal Association (IMSA), which de­ the 30-50 Mc/s frequencies advanta­ made by National Bus Communications, scribed at some length the use of radio geous for states and some large counties Inc. (NABCO), by the American Transit in fire fighting and fire prevention op­ in providing wide area coverage. The Association (ATA), and by the American erations. It stated that the use of mo­ 150 and 450 Mc/s frequencies are more Trucking Associations (Trucking). bile radio and related fixed control sys­ suitable for use by counties and cities or 34. NABCO stated that the 7 exclusive tems has become such an integral part for control and repeater circuits. The frequencies and 3 shared frequencies of firefighting organizations that the needs of the respective state highway then assigned for intercity motor car­ National Board of Fire Underwriters in­ departments generally reflected their riers of passengers were used in con­ clude radio requirements in their grad­ individual requirements and conse­ nection with the efficient and safe op­ ing schedule. Additionally, municipal quently cannot be considered in a pro­ eration of intercity buses. Radio is used civil defense agencies have requirements ceeding of this type except in relation for coordinating the movement and use for associating themselves with the local to the service needs. of buses in the field, especially at peak fire department communication nets. 31. Local Government Radio Service. operating times, and for communication To meet long range requirements, IMSA The Local Government Radio Service between dispatcher and driver, and be­ fias stated a need for 30 additional base- requirements were presented by the tween dispatchers and between drivers. 4824 NOTICES

NABCO did not Indicate a need for ad­ Owners (NATO) indicated that the four band are used for en route communica. ditional frequencies, but stated that the pairs of frequencies assigned exclusively tions. According to ARINC, the 29.8oI present frequencies would, be necessary to the service in the 150 Mc/s band (plus 30.00 Mc/s band is used for communica- to provide a geographically coordinated three more pairs in the band for cities tions between aeronautical fixed stations' service to minimize the adverse effect of having a population in excess of 500,000) The stations operated by ARINC have skip interference and to provide the and the 10 pairs of frequencies in the 450 one terminal in the United States and maximum utilization of the single fre­ Mc/s band were accommodating about the other in foreign countries or terri­ quency assigned in each region. A fu­ 105,000 transmitters. An average of 142 tories and are used primarily during pe- ture requirement set forth in connection vehicles was being served per channel riods of high sun-spot activity. The 40 with the service was for ground pas­ according to a survey of 60 cities made in Mc/s bands were originally proposed for senger carriers associated with the air­ 1957, To alleviate this congestion and use in ionospheric scatter circuits over lines. to provide some flexibility in assign­ the North Atlantic; however, agreement 35. The frequencies available for ur­ ments, the Commission was requested to concerning the use of a submarine cable ban transit use are, for the most part, allocate a minimum of 10 additional had changed the plans. ARINC recom­ shared with other land mobile services. VHP frequencies to the taxicab industry, mended the retention of the frequencies Consequently, most usage is concen­ primarily for metropolitan area relief. for the same use in the foreseeable fu­ trated on the exclusive frequencies in the 39. Automobile Emergency Radioture. Due to the requirement that inter­ 44 Mc/s region. Usage is generally con­ Service. “The number of frequencies ference protection be afforded to tele­ fined to maintaining regularity of service, presently allocated to the Automobile vision Channels 4 and 5, little use had vehicle re-routing and dispatching of Emergency Radio Service was considered been made of the 72-74.58 Mc/s band. emergency trucks. ATA stated that generally adequate by the American The 74.58-75.42 Mc/s band is used for statistics were not available to justify a Automobile Association (AAA), the Cali­ marker beacons on the national air­ request for additional frequencies; how­ fornia State Automobile Association ways throughout most of the United ever, a potential requirement for 30 as­ (CSAA) and the Automobile Club of New States. Radionavigation devices are also signable channels was ventured. Rea­ York (ACNY). Two frequency pairs in employed in the 328.6-335.4 Mc/s and sons for the estimate were stated as: (1) the 450-460 Mc/s band and three in the 420-450 Mc/s shared Government bands the improved economic position of 150-160 Mc/s band for automobile club with the former used for glide slope de­ transit companies because of the ex­ use exclusively and three in the 157 Mc/s vices and the latter employed for radio panding use of public transportation fa­ range, primarily for public garages but altimeters. Omni-range radionaviga­ cilities, and (2) the increasing advan­ also available for auto club use under tion devices in the United States and at tages of using radio in vehicles. Addi­ certain conditions are allocated for the many airports throughout the world uti­ tionally, the need for thirty channels service. The.frequencies are used pri­ lize the 108-118 Mc/s band. Frequencies was derived from the fact that the New marily to dispatch and control emer­ in the 123.1-123.55 Mc/s band are al­ York metropolitan area contains several gency road service vehicles and to relay located for aeronautical flight test and hundred franchised public transit opera­ traffic information between the vehicles flying school communications. tions alone, of which at least thirty com­ and the central offices. For the metro­ 43. ARINC and AARI recommended panies would be of sufficient size to war­ politan areas only, availability of two that the then existing allocations to the rant a separate frequency assignment. additional frequencies was recommend­ aviation services (Part 9) be retained. 36. The American Trucking Associa­ ed, with the 150 Mc/s band considered AARI recommended that additional fre­ tions (Trucking) stated that the exclu­ desirable. quencies in the band 123.7-131.9 Mc/s sive frequencies available to the motor Other Safety and Special Radio Serv­ be made available in Alaska for aeronau­ carriers of property in the 43-44 Mc/s ices. 40. Citizens Radio Service. Com­ tical en route communications. It was band had a per-channel occupancy of ments on behalf of the Citizens Radio also recommended that frequencies in about 50 base stations and 1135 mobile Service were filed by Vocaline Company the 170-172 Mc/s region should be made units. The frequencies in the 150.8-162 of America with respect to Class B sta­ available to non-Govemment stations in Mc/s band, made available in Septem­ tions, and by the Academy of Model Alaska and that the 46.51-46.60 Mc/s ber, 1058, had, after the first six months Aeronautics with respect to Class C sta­ and 49.51-49.60 Mc/s bands be retained. availability, a per-channel occupancy of tions. Subsequent to the release of the Other recommendations included: that 1.5 base and 30 mobile assignments, Commission’s decision in Docket Nos. frequencies in the 156-162 Mc/s and 450- despite the fact that only 12 frequencies, 11991 and 11994, Vocaline Company 460 Mc/s range be made available for in the band were assigned primary (60 withdrew from this proceeding. The operational fixed use in Alaska; and that kc/s spacing) while 12 were assigned on Academy of Model Aeronautics, com­ the band 132-136 Mc/s be made available a secondary (30 kc/s spacing) and 24 on menting upon the Class C (remote con­ to FAA. Two other aeronautical recom­ a tertiary (15 kc/s spacing) status. The trol operation) Citizens Radio Service, mendations which are or have been under five exclusive pairs in the 450 Mc/s range stated that 20,000 model airplane flyers consideration in separate rule making reflected a loading of 34 base and 1420 were using the frequency 27.255 Mc/s in proceedings include the establishment of mobile stations per pair. Trucking in­ 1958. Besides the five other frequencies an Aviation Terminal Mobile Service in dicated that most of the use at the time in the 27 Mc/s band made available for either the 150.8-162 Mc/s or the 450-470 of filing was in connection with local such operation in 1958, the Academy in­ Mc/s band, but preferably in the 450-470 pick-up and delivery operations. How­ dicated a need for six additional fre­ Mc/s band (Docket No. 13847); and es­ ever, the growing tendency was to quencies, with at least 2% separation tablishment of a Public Radiotelephone equip over-the-road vehicles with radio, between frequencies, in the 30-200 Mc/s Service to . aircraft in the frequency primarily for coordination of incoming region to meet requirements in the near range 125-500 Mc/s (Docket No. 14615). loads with local delivery and for more future. 44. Marine Services. Comments per­ efficient scheduling of unloading facili­ 41. Aviation Radio Services. The Avia­ tinent to issues under consideration were ties. tion Radio Services presentation was submitted by Western Union, RCA Com­ 37. Trucking estimated that, by 1967, made by Aeronautical Radio, Inc. munications, Inc, and by the American there would be 56,000 radio-equipped (AR3NC); Alaska Aviation Radio, Inc. Telephone and Telegraph Company. vehicles—an increase of about 33% over (AARI); and by the Aeronautical Plight Western Union stated that it employed the number in 1957. To accommodate Test Coordinating Council (AFTCC). the frequency 156.9 Mc/s for ship and these requirements, it was requested that Also, the Department of Commerce, Civil departure service. AT&T stated that the the present allocations in the 25-50 Mc/s Aeronautics Board, filed comments in VHP Maritime Mobile Service would grow and 150.8-162 Mc/s bands be retained the form of a letter to the Chairman substantially and that additional fre­ of the Commission. quency space should be provided to ac­ and that seven additional frequency 42. ARINC and AARI described in pairs should be made available in the some detail the use of the frequencies commodate its growth. RCA Commu­ 450-470 Mc/s band. allocated to the aviation services. The nications, Inc. recommended that the 38. Taxicab Radio Service. The Taxi­ frequencies in the 118-128.8 and 132- frequencies in the 72-76 Mc/s band be cab Radio Service presentations made 136 Mc/s area are used for air traffic con­ retained for operational fixed rise on the by American Taxicab Association (ATA) trol, by Government and non-Govem- present non-interference basis to tele- and by National Association of Taxicab merit users and those in the 128-132 Mc/s .vision broadcast service. Saturday, April 4, 1964 FEDERAL REGISTER 4825 45. Amateur Radio Services. With re­ kurt Electric Company proposed that an (c) Central Station Electrical Protec­ spect to the Amateur Radio Service, the additional 10 pairs of frequencies below tion Association—Contemplated a radio American Radio Relay League, Inc., sum­ 500 Mc/s be established for use by thé point-to-point system for TV and tone marized the uses to which the amateur rural radio service on a secondary basis signals. The system would require two frequencies were being put. ARRL stated when other available frequencies are in to four megacycles plus guard bands for ! that the 28 Mc/s band carries a heavy use by the primary allottee, the domestic an FM visual detection system and 0.5 load of communications and is used public land mobile radio service. The megacycles plus guard bands for tone widely when skywave communications domestic public air-ground radiotele­ signaling. „Three channels were re­ can be achieved. Extensive use is made phone service proposed by AT&T, and re­ quested at 152-162 Mc/s and two chan­ of the band. The 50-54 Mc/s band is ferred to earlier in paragraph 43, was nels above 450 Mc/s. used by the beginner and by those inter­ considered in Docket No. 14615 proceed­ (d) Central Station Electrical Protec­ ested in studying propagation phenom­ ings. tion Association—Requested the Com­ ena. The band 144-148 Mc/s has been Broadcast Radio Services. 50. Broad­ mission to allot a band of frequencies for used for moon-probe experimentation casting stations utilize portable and mo­ exclusive use by those engaged in fur­ and is used extensively for short range bile stations to provide on-the-spot cov­ nishing fire, burglary and other pro­ communications. The higher bands, 220- erage of sporting events, parades, con­ tective services. 225 Mc/s and 420-450 Mc/s, are primar­ ventions, religious v services, fairs, disas­ (e) American Rocket Society—Re­ ily in a developnfiental stage but are ters and other newsworthy events. The quested space in the 25-50 Mc/s band for growing in importance. The presently effective use of the channels requires that telemetering and for ionospheric re­ allocated bands were considered satis­ they be free of interference and capable search. Additionally, it was requested factory for the continued growth and de­ of providing a reasonable degree of “nat­ that the 107.948-107.959 Mc/s band be velopment of the service and no changes uralness” or fidelity. Broadcast pro­ allocated for ionospheric research. were recommended. & grams are fitted into precise and pre-de- (f) American District Telegraph 46. The Federal Civil Defense Admin­ termined time periods and program ma­ Company and the Central Station Pro­ istration stated that amateur and RACES terial lost due to interference is usually tection Association—Requested the es­ frequencies should be continued and that unrecoverable. Consequently, sharing tablishment of a protection alarm more RACES frequencies should be al­ of channels with stations in other serv­ communication service and the allocation located. No specific requirements were ices is not feasible. Of the 65 channels of a block of frequencies below 890 Mc/s offered; however, the FCDA believed that currently allocated to the remote broad­ for the exclusive use of that service. (It any reallocation of frequencies to the casting pickup service, 3 are in the 1600' should be noted that the latter request public safety and land transportation kilocycle band and are virtually unusable is being considered in Docket No. 13847 services should not be undertaken with­ at night because of skywave interfer­ proceedings.) out considering mobilization plans. ence; 26 are in the 26 Mc/s portion of 52. Directly related to issues I and n Common Carrier Radio Services. 47. the spectrum and are also subject to in this proceeding are the following peti­ Turning now to the needs of the common sporadic long distance interference, par­ tions which we believe should be con­ carrier industry and the Domestic Public ticularly during periods of high sunspot sidered and disposed of at this time : Land Mobile Radio Service, the major activity; and, 9 are in the 153 Mc/s re­ (a) RM-51 Lenkurt Electric Company, requirement was for a band of frequen­ gion of the spectrum and are shared with petition filed August 20, 1958, for reallo­ cies in the upper band of spectrum now various non-broadcast services. In pop­ cation of 840-890 Mc/s band to the allocated for UHF television. The ulous areas where the demand for non­ Domestic Public Radio Services. American Telephone and Telegraph broadcast and remote pickup facilities is (b) RM-251 International Association Company (AT&T), supported by the highest, these 9 frequencies are all but of Fire Chiefs and International Munic­ United States Independent Telephone unusable. There are nearly 6,000 remote ipal Signal Association, petition filed Association (USITA), General Telephone pickup stations authorized, many of April 11, 1961, for reallocation of a high and Electronics (GT&E), and the Len- UHF television channel to the Public which are assigned more than one chan­ Safety Radio Services. kurt Electric Company (Lenkurt), rec­ nel to enable them to switch to another ommended that the 765-840 Mc/s band (c) RM-370 Electronic Industries As­ channel should interference crop up dur­ sociation, petition filed October 1, 1962, be reallocated for the establishment of a ing a remote broadcast. The National one-thousand channel broad-band type for reallocation of television Channels Association of Broadcasters, on behalf of 14 and 15 (470-482 Mc/s) to the Land of public mobile service to subscribers on the broadcasting industry, requested a nationwide basis with a portion of the Mobile Radio Services. channels set aside to provide a public air- that 10 exclusive channels in the 152-162 (d) United States Independent Tele­ ground communication service for pri­ Mc/s band be made available and that phone Association petition filed July 16, vate aircraft and commercial airlines. the present allocation of two 1 megacycle 1958, for reallocation of the 840-890 Mc/s Secondarily, the band would be em­ bands separated by 5 megacycles in the band to common carrier fixed operations. ployed, according to thé proposal, for 450-460 Mc/s portion of the spectrum, (e) Associated Public Safety Com­ common carrier fixed service. be retained. munications Officers, petition filed De­ 48. In addition to the request for spec­ General Requests and Subsequent Pe­ cember 5,1962, for institution of a formal trum between 765 and 840 Mc/s, requests titions. 51. In addition to the predicted inquiry into the frequency needs of the were received from AT&T, Hawaiian Tel­ needs of the individual services, as out­ Public Safety Radio Services. ephone Company, GT&E, USITA and lined above, the Commission also re­ 53. The Lenkurt and the USITA peti­ Lenkurt to reallocate the 840-890 Mc/s ceived requests for initiation of new ra­ tions requested reallocation of the 840- band from UHF television to the common din services. Those requests are set 890 Mc/s band to the Domestic Fixed carrier fixed service. Such action, it was forth below: Public Radio Services as compensation stated, would compensate for replace­ (a) Electronic Protection Incorpo­ for the loss of the 890-942 Mc/s band to ment of the band 890-940 Mc/s reallo­ rated—Requested bandwidth of 1 mega­ the Government as a result of action cated to Government use in 1958a. cycle. at 465 Mc/s for use on emergency taken by the Commission in a Memo­ 49. Below 500 Mc/s, needs for addi­ vehicles to control traffic lights ahead of randum Opinion and Order adopted tional frequencies were expressed by the vehicle while traveling to the scene April 16,1958 (FCC 58-379). ttiree entities. Associated Telephone of an emergency. Equipment would op­ 54. RM-251, filed by the International Exchanges, Inc. requested that four ad­ erate with .235 watt and radiate a dis­ Association of Fire Chiefs and Interna­ ditional frequencies be authorized for tance of 150 feet. tional Municipal Signal Association, re­ (b) American Hospital Association— quested the allocation of a high UHF radio paging service, increasing to eight Requested the Commission to establish the number of frequencies available to eligibility standards for hospitals and band television channel to the Public common carriers for that purpose. RCA hospital associations, and to reserve two Safety Radio Services, primarily for in­ Communications, Inc. recommended that frequencies in the 40-50 Mc/s band and structional use in the fire and police »0 kc/s of spectrum be allocated in the three in the 150-450 Mc/s band. Such a services. 35, 38 and 40 Mc/s bands for reflection service could be accommodated under 55. In RM-370, the Land Mobile Sec­ mid scatter propagation in the Interna­ the Special Emergency Radio Service or tion of EIA requested the Commission to tional Fixed Service. Finally, the Len- the Business Radio Service. allocate the frequency spectrum known 4826 NOTICES as television Channels 14 and 15 to the the situation existing in 1957-1958. The threatens degradation of service. Some land mobile services. It argued that discussion that follows is based upon that frequencies are more occupied than the these services are suffering highly information and upon statistical data in average, especially in metropolitan areas crowded conditions seriously impairing the Commission’s files at the end of fiscal For example, in 1958, on 158.9 M c/s there the effective use of their land mobile 1963. For purposes of arriving at some were 56 communications systems consist­ communications. EIA pointed^out that, idea of actual frequency utilization in ing of 65 base and 2,497 mobile units au­ apart from the limited relief to be pro­ the private land mobile services, an at­ thorized. Undoubtedly, on some fre- ■ vided from the additional frequencies to tempt has been made to estimate the quencies in other areas of the country a be derived from the channel splitting number of transmitters in actual opera­ much smaller occupancy exists. proceedings in Docket No. 14503,1 no tion.. The estimate was determined by 62. Motorola submitted some figures other means are available for creating weighting the number of authorized on channel usage, or calls per day, sup­ additional frequencies from the present transmitters by a factor obtained from plied by what it calls typical licensees. land mobile allocations. It further the results of a survey conducted by the These figures, taken by either mechani- - stated that the state-of-the-art does not Commission in 1955. In that survey, cal count, or message counts from the permit, for the present, splitting the 450 inquiries were distributed to over 18,000 station logs, show that the Police Depart­ Mc/s frequencies and that it is not prac­ licensees of whom about 61% responded. ments in Portland, Oregon, and Dallas, tical to utilize higher frequencies in the Questions were asked concerning the Texas, with 1 base and 165 mobile units spectrum for land mobile operations number df transmitters actually in­ and 1 base and 220 mobile units, respec­ within the foreseeable state-of-the-art. stalled, the number authorized, and the tively, made 4,320 and 5,494 calls, also The reallocation of TV Channels 14 and operational nature of their use. From respectively, during one sample day. 15, EIA states, would afford immediate, the responses, a ratio of “in use” versus 63. APCO stated that 118 additional as well as future, relief. EIA's petition “authorized” transmitters was derived. frequencies would be required in the Po­ was generally supported by land mobile This ratio has been used to derive $ur lice Radio Service for the ten year period interests and was opposed by broad­ estimate of the numbers of transmitters 1958-1968. casters. in use both in 1958 and 1963.. It should 64. Fire. The Fire Radio Service pro­ 56. In its petition APCO requested be pointed out, however, that we do not vides radio frequencies in the 25-470 that the Commission institute a formal consider that the figures for transmitters Mc/s area for fire departments mainly inquiry to review the present and future in use so derived represent the actual for base and mobile radio operations for requirements of the Public Safety Radio situation. The actual figures probably lie communication essential to fire fighting Services for the allocation of additional somewhere between those and the figures and fire protection activities. Radio is frequency space to meet their needs. for authorized transmitters and, thus, the used for, among other things, dispatching APCO described the importance of radio figures for transmitters in use represent and controlling mobile fire equipment in the conduct of police activities, re­ a conservative estimate. and for communication with individuals ferred to the statements concerning the 60. Using those figures of estimated at the scene of a fire. As with police, need for frequencies made by Public transmitters in use and figures for au­ radio has become an indispensable tool Safety spokesmen at the hearing in this thorized transmitters, theoretical chan­ to fire departments. proceeding, pointed out population trends nel loading figures for the land mobile 65. 69 exclusive and 38 shared fre­ and its concentration iri metropolitan services have been computed. We also quencies are available to the Fire Radio areas, referred to crime trend statistics recognize that these loading figures are Service. In 1958 there were 4,725 fire published by the FBI, noted the increase of limited value since they represent only station authorizations, 58,385 authorized, in automobile registration and stated average channel loading on a national and 32,695 estimated transmitters in use. that these, and other factors, should be basis and do not consider density pat­ At the end of fiscal 1963, there were explored in a formal inquiry. terns, operational differences or service 8,312 outstanding fire station authoriza­ 57. The foregoing describes the fre­ requirements. With the above limita­ tions, 100,659 authorized and 56,369 esti­ quency requests and requirements sub­ tions in mind, the statistics are never­ mated transmitters in use. From 1958 theless instructive in that they indicate to 1963, the number of transmitters in­ mitted during the fact-finding portion creased by 72.4 percent. In 1963, there of this proceeding and petitions on file overall growth trends and channel load­ ing relationships among services. Al­ were 940.7 authorized and 526.8 esti­ which are directly related to the inquiry. mated transmitters in use per assignable These requests are summarized in Ap­ though charts reflecting these statistics are contained in Appendix B, a discus­ channel in the Fire Radio Service. pendix A. It is readily apparent that re­ Channel occupancy, in terms of calls quests for spectrum space in the band sion of each of the private land mobile services follows in paragraphs 61 through made, does not appear to be as high in the 25-890 Mc/s far exceed the amount of Fire Radio Service as is in the Police, space available. 99. It should be noted that certain changes resulting from adoption of the mainly because of operational differ­ Frequency Utilization. 58. A summary ences. For example, according to Moto­ of spectrum presently allocated to the Report and Order in Docket 14503 on Oc­ tober 9,1963 (FCC 63-906, 28 F.R. 11213) rola, in a sample day, the Chicago Fire various services in the 25-890 Mc/s band Department with 2 base and 202 mobile is reflected in the following table: have not been included. Public Safety Radio Services. 61. Po­ Units made 300 calls.. 38 additional fre­ Frequency lice. In the 25-470 Mc/s area, radio in quencies were requested for the Fire Ra­ Service Space—Mc/s the Police Radio Service is used mainly dio Service. Television Broadcasting------492 for base and mobile operations in con­ 66. Forestry-Conservation. This serv­ FM Broadcasting------20 nection with official police activities. ice provides frequencies mainly to state Government______216. 54 and local governmental entities for com­ Am ateur______*44.7 Radio is an indispensable tool to police munication in connection with forestry A viation______.— _____,______135.6 departments. There are now available and game and wildlife conservation Shared Government/Non- 185 exclusive and 38 shared frequencies Government______9.14 to the Police Radio Service. In 1958, activities. In the 25-470 Mc/s area, radio Land Mobile______:______40.975 there were 12,450 outstanding police au­ is used mainly for base and mobile com­ Fixed/Maritime/Mobile/Citizens ... 6.135 munications. Radio is essential to for­ thorizations, 166,739 authorized and estry conservation activities, especially *35 Mc/s of this space is shared with Gov­ 103,378 estimated transmitters in use. ernment services; At the end of fiscal 1963, there were for safety. 95 exclusive and 38 shared 1 Almost entirely shared with Government 15,919 outstanding police authorizations, (the 38 shared frequencies are shared aviation services. 207,902 authorized transmitters and by all Public Safety Services except Spe­ cial Emergency) frequencies are avail­ 59. A great deal of information con­ 128,899 estimated transmitters in use. From 1958 to 1963, the number of trans­ able to the Forestry-Conservation Radio cerning frequency utilization was sub­ Service. In 1958 there were 3,264 out­ mitted by the several private land mobile mitters in the Police Radio Service in­ standing Forestry-Conservation station user groups. This information reflected creased by 24.7%. In 1963, there were 932.2 authorized and 578 estimated authorizations, 33,618 authorized ana 24,541 transmitters in use. At the ena 1 Although action in Docket 14503 has now actual transmitters per each available been completed, the frequency dispositions frequency channel. In this proceeding, of fiscal 1963, there were 4,177 outstand­ made in that proceeding are not considered APCO stated that actual loading of over ing authorizations, 44,443 authorized and herein.. 50 units per channel in the same area 31,333 estimated transmitters in use- Saturday, A pril 4, 1964 FEDERAL REGISTER -4827 prom 1958 to 1963 the number of trans­ gency, the channel loading is somewhat would add between 60,000 to 80,000 new mitters increased by 32.2 percent. In higher today. The highest channel transmitters to the service, an increase of 1963 there were 334.1 authorized and loading exists in the Police and Fire Ra­ close to 200 percent during the next 10 234 9 estimated transmitters in use per dio Services. The lowest loading exists years (1958-1968 period). To accommo­ each assignable channel. Approximately in the Forestry-Conservation Radio date present users and to permit the pre­ 10 additional frequencies were requested Service. In Highway Maintenance, the dicted growth, Central Committee re­ for this service. loading, somewhat higher than in For­ quested 55 to 65 additional frequencies. 67. Local Government. The Local estry-Conservation, is approximately one As noted earlier, the number of transmit­ Government Radio Service provides ra­ half of that prevailing in the Police and ters increased by nearly 75 percent dur­ dio facilities for non-federal government Fire Radio Services. ing the past 5 year period. entities. The Local Government Radio Industrial Radio Service. 72. Power. 75. Forest Products. The Forest Service was created in 1958. Thus, com­ In the Power Radio Service, radio facili­ Products Radio Service provides radio parative statistics are not available. In ties are made available to the nation’s facilities to those engaged in commercial 1963, there were 77 exclusive and 38 electric, gas, water and steam utilities. forest operation, such as tree farming, shared frequencies available in this Serv­ Radio is used for safety and operational tree logging and related activities. ice. At the end of fiscal 1963, there were communications in connection with the These operations are carried on in iso­ 4,650 outstanding Local Government au­ conduct of the activities of the utility li­ lated areas where radio is often the only thorizations, and 64,961 authorized censee. 73 exclusive and 10 shared fre­ available means of communication. 2 transmitters, or 564.9 authorized trans­ quencies (shared on a geographical exclusive and 73 shared frequencies are mitters per assignable frequency. 20 to basis) are available to the Power Radio available to the Forest Products Radio 30 additional frequencies were requested. Service. In 1958, there were 11,320 Service. At the end of fiscal 1958, there 68. Highway Maintenance. In this power station authorizations, 133,039 au­ were 1,648 Forest Product authorizations, service radio facilities are provided for thorized and 83,149 estimated transmit­ 15,013 authorized and 6,005 estimated local governmental entities for commu­ ters in use . in this service. At the end transmitters in use in this service. At nications essential to official highway ac­ of fiscal 1963, there were 13,932 author­ the end of 1963, there were 2,321 authori­ tivities. 64 exclusive and 44 shared fre­ izations, 166,348 authorized and 103,967 zations, 23,442 authorized and 9,377 esti­ quencies are available to the Highway estimated transmitters -in use, an. in­ mated transmitters in use, an increase of Maintenance Radio Service. In 1958 crease in transmitters over 1958 of 25 transmitters over 1958 of 56.1 percent. there were 3,264 outstanding Highway percent. At the end of fiscal 1963, there At the end of 1963, there were 312.6 au­ Maintenance Station authorizations, were 2,004.2 authorized and 1,252 esti­ thorized or 125 estimated transmitters in 27,543 authorized and 16,112 estimated mated transmitters in use per assign­ use per assignable frequency. Approxi­ transmitters in use. At the end of fiscal able channel, discounting the fact that mately 40 additional frequencies were re­ 1963, there were 4,978 authorizations, the 10 shared frequencies are not avail­ quested, to permit future expansion to 51,174 authorized and 29,936 estimated able in six states. These statistics in­ approximately 15,000 transmitters by transmitters in use. Prom 1958 to 1963 dicate heavy loading of the frequencies 1968. Forest Industries Radio Commu­ the number of transmitters increased by whether we consider the authorized nications (FIRC), the spokesman of the 85.8 percent. In 1963, there were ap­ transmitter or estimated actual trans­ forest products industry, stated that ap­ proximately 474 authorized and 277 es­ mitter figures. 43 additional frequencies proximately 64 percent of all radio sys­ timated transmitters in use per assign­ were requested in this proceeding. tems in this service operated on frequen­ able frequency. 6 to 8 additional fre­ 73. Petroleum. Radio in the Petro­ cies below 50 Mc/s, because communica­ quencies were requested for this service. leum Radio Service is available to the tion requirements in the industry are for 69. Special Emergency. In the Special petroleum industry. It is used in con­ relatively long distances. The frequen­ Emergency Radio Service, frequencies nection with prospecting for oil, well cies in the 152 Mc/s area are used, ac­ are provided for use by hospitals, disas­ drilling operation, oil field production, cording to FIRC, primarily in the. west ter relief organizations, physicians and operation of pipelines, refining, and dis­ where there exist suitable high moun­ veterinarians, ambulance operators and tribution. Especially in the exploration tain locations, while these frequencies rescue organizations, beach patrols, and well drilling stages, and in pipelines are practically unused in the flat ter­ school buses, persons operating commu­ laid across sparsely populated areas, ra­ rain of the south. FIRC stated also that nication circuits for standby communi­ dio is often the only communication me­ the industry’s communication needs are cation facilities and persons maintain­ dium available. 14 exclusive and 88 for distances of 30-70 miles and, in some ing establishments in isolated areas shared frequencies are available to the areas, for distances of over 100 miles. where public communication facilities Petroleum Radio Service. At the end of 76. Special Industrial. The Special are not available. 23 exclusive and 6 fiscal 1958, there were 7,151 authorized Industrial Radio Service accommodates shared (shared with Highway Main­ petroleum station authorizations, 47,903 a host of diverse industries, such as tenance) frequencies are available to the authorized and 23,952 estimated trans­ ranchers, farmers, vegetable growers and Special Emergency Radio Service. In mitters in use in this service. At the end processors, the mining industry, liquified 1958 there were 3,325 outstanding Spe­ of- fiscal 1963, there were 9,289 authori­ petroleum distributors, heavy construc­ cial Emergency Station authorizations, zations, 83,602 authorized and 41,801 es­ tion industry, petroleum and gas service 13,122 authorized and 7,348 estimated timated transmitters in use, an increase and supply industry, the ready mixed transmitters in use. At the end of fiscal in transmitters over 1958 of 74.5 percent. concrete industry, and others. 1963, there were 5,115 authorizations, At the end of fiscal 1963, there were 819.6 77. 47 exclusive and 6 shared frequen­ 21,023 authorized and 11,772 estimated authorized and 409.8 estimated transmit­ cies are available to the Special Indus­ transmitters in use. Prom 1958 to 1963, ters in use per available frequency. trial Radio Service. At the end of fiscal the number of transmitters increased by 74. Central Committee on Radio Fa­ 1958, there were 17,107 outstanding 60.2 percent. At the end of fiscal 1963, cilities stated that approximately 50 per­ Special Industrial station authorizations, there were 724.9 authorized and 277.9 es­ cent of all transmitters were being op­ 192,478 authorized and 92,389 estimated timated transmitters in use per assign­ erated in one area consisting of Texas, transmitters in use in this service. At able frequency. Louisiana, Arkansas, and Mississippi. the end of fiscal 1963, there were 30,147 70. In summary, with the exception of APT stated that loading of 175 units per authorizations, 317,749 authorized and Special Emergency, representatives of channel in the 25 Mc/s area is the maxi­ 152,519 estimated transmitters in use, an users in all Public Safety Radio Services mum tolerable, that the then existing 278 increase in transmitters over 1958 of 65:1 requested additional frequencies (in the units per channel in the 30 Mc/s band percent. There were 5,957.5 authorized order of 200) to improve the conditions was excessive and the then existing 500 to and 2877.7 estimated transmitters in use then existing and to permit future ex­ 600 units per channel loadings in the 33 per assignable frequency at the end of pansion. and 48 Mc/s area were too high. The fiscal 1963. This is the highest per ^1. The statistics thus indicate that average loading shown above exceeds the channel loading in the Safety and Spe­ the channel loading in the Public Safety máximums set by the Central Committee. cial Radio Services, with the exception Radio Service, with the exception of Spe­ Central Committee estimated that, as­ of the Citizens Radio Service. The sig­ cial Emergency, is somewhat lower now suming improvement of the frequency nificance of this per channel loading, than it was in 1958. In Special Emer- situation, existing and potential users however, is tempered by the apparent No. 67----- 6 4828 NOTICES moderate channel usage in terms of calls mated transmitters in use. At the end 86. Taxicab. Radio in the Taxicab made. For example, according to sam­ of fiscal 1963, there were 48 authoriza­ Radio Service is used primarily for dis­ ples of channel occupancy, submitted by tions, 854 authorized and 453 estimated patch purposes. 28 exclusive and 6 Motorola, a Special Industrial licensee transmitters in use, an increase in trans­ shared (shared with Business, Taxicab with 1 base and 20 mobile units made mitters over 1958 of 22.4 percent. At priority in cities) frequencies are avail­ 500 calls per day, another with 3 base that time, there were 85.4 authorized or able to the Taxicab Radio Service. In and 10 mobile units made 75 calls per 45.3 estimated transmitters in use per 1958, there were 4,733 outstanding taxi­ day. The Special Industrial Radio Serv­ assignable channel. cab authorizations, 100,735 authorized ice Association requested 97 additional 82. Relay Press. In the Relay Press and 58,930 estimated transmitters in use. frequencies for this service. Radio Service frequencies are made At the end of fiscal 1963, there were 78. Manufacturers,v The Manufac­ available to those engaged in the publi­ 4,999 authorizations, 168,716 authorized turers Radio Service makes available cation of newspapers and to established •and 98,699 estimated transmitters in use, frequencies to those engaged in manu­ press associations. 4 shared frequen­ an increase in transmitters over 1958 of facturing activities. Radio is used pri­ cies are available to Relay Press Radio .67.5 percent. At the end of fiscal 1963, marily within manufacturing plants. 20 Service. At the end of fiscal 1958, there there were 4962 authorized and 2903 esti­ exclusive and 15 shared frequencies are were 130 outstanding relay press au- mated transmitters in use per assignable available to the Manufacturers Radio thorizationg, 1,585 authorized and 586 channel. Representatives of taxicab in­ Service. This service was established in estimated transmitters in use in this terests stated that an average of 142 1958 and, therefore, comparative statis­ service. At the end of fiscal 1963, there cabs are served per channel and, on an tics are not available. At the end of were 186 authorizations, 2,586 authorized average basis, complete messages are fiscal 1963, there were 891 outstanding and 957 estimated transmitters in use, transmitted at a rate of 1.16 messages manufacturers station authorizations, an increase in transmitters over 1958 of per minute and 2.81 messages during and 21,740 authorized transmitters, or 63.2 percent. There are 646.5 authorized peak periods. Large cab companies, 621.1 authorized transmitters per assign­ or 239.2 estimated transmitters in use such as Yellow Cab of Kansas City, dur­ able frequency. Based on the antici­ per assignable channel. ing a 24-hour period handled an aver­ pated needs of the new service, the 83. In summary, spokesmen for the age of 5.4 calls per minute, or one call National Association of Manufacturers major industrial radio services claimed every 11 seconds. 10 VHF frequencies requested approximately 40 additional frequency congestion in these services were requested to relieve the then ex­ frequencies. and requested additional frequencies to isting conditions. 79. Business. The Business Radio relieve then existing congestion and to 87. Motor Carrier (Truck). Within Service was established in 1958 and pro­ permit future expansion. The maxi­ the Motor Carrier Service separate fre­ vides radio facilities to anyone engaged mum number of additional frequencies quencies are made available for the in a commercial activity, educational and requested is approximately 285. The trucking industry. Radio is used by philanthropic institutions, clergymen minimum number is considerably lower. truckers primarily for local pick-up and and ecclesiastic institutions, hospitals, 84. By far, the heaviest loading now delivery operations. 54 exclusive and 10 clinics and medical associations. Thus, exists in the Special Industrial Radio shared (with other motor carriers) fre­ it has open-end eligibility provisions. Service. In Business and . Power, al­ quencies are available to the motor car­ 103 exclusive and 56 shared frequencies though approximately half of that in riers of property. In 1958, there were (6 shared with taxicab and 50 with citi­ Special Industrial, the loadings are also 675 outstanding truck authorizations, zens) are available to the Business Radio heavy. In Special Industrial, from 1958 12,480 authorized and 4,992. estimated Service. At the end of fiscal 1963, there to 1963, the number of transmitters per transmitters in use. At the end of fiscal were 49,973 outstanding Business author­ assignable frequency has just about dou­ 1963, there were 3,191 authorizations, 61,- izations and 384,792 transmitters, or bled. In Power, Petroleum and Forest 838 authorized and 24,735 estimated 2420.1 authorized transmitters per as­ Products the situation is about the same, transmitters in use, an increase in trans­ signable frequency. Although at present although in Power the loading is some­ mitters over-1958 of 395 percent. At that channel loading is not as high as in other what lower now than it was in 1958. In time, there were 966.2 authorized or 380.4 Motion Picture, although a number of estimated transmitters in use per as­ land mobile services (for example Spe­ frequencies have been taken away, the signable channel. The American Truck­ cial Industrial), Business is the fastest channel loading situation is still com­ ing Association, at the hearing, esti­ growing service, save the Citizens Radio mated that by 1967 there would be 56,000 Service. paratively very low. Among the new 80. Telephone Maintenance. The services, Business has the heaviest radio-equipped vehicles, and to accom­ Telephone Maintenance Radio Service is loading, followed by Telephone Main­ modate the needs of the trucking indus­ tenance. try and to permit the anticipated expan­ available only to communications com­ Land Transportation. 85. Railroad. sion, ATA requested 7 additional fre­ mon carriers providing wire-line service The Railroad Radio Service provides quencies. to the public. Radio is used mainly in frequencies for the nation’s railroads. 88. Motor Carrier (Intercity Bus). connection with the construction, main­ Frequencies (in the 160 Mc/s area prin­ Separate radio facilities are also avail­ tenance, repair and operation of rights- cipally) are used for safety and opera­ able to the intercity bus industry with­ of-way and plant facilities. This is also tional communications in connection in the Motor Carrier Service. Radio is one of the new services for which com­ with the operation of trains. Radio is used for communications between dis­ parative figures are not available. 14 used mainly to communicate between patchers and driver«, between dispatch­ exclusive frequencies are available to the the caboose and the locomotive of trains, ers and between drivers on the highway. Telephone Maintenance Radio Service. 8 exclusive and 10 shared frequencies are At the end of fiscal 1963, there were 671 between passing trains, from trains to outstanding telephone maintenance sta­ base stations along the right-of-way, available to intercity motor carriers of tion authorizations and 21,721 authorized and in yards and terminals. 50 exclusive persons. In 1958 there were 59 out­ frequencies are available to the Railroad standing authorizations, 727 authorized transmitters, or 1551.5 authorized trans­ and 582 estimated transmitters in use mitters per assignable channel. Addi­ Radio Service. In 1958, there were 2,265 tional frequencies have not been re­ railroad authorizations, 65,230 author­ in this service. In 1963, there were 68 ized and 32,615 estimated transmitters authorizations, 667 authorized and 534 quested for this service. estimated transmitters in use, a decrease 81. Motion Pictures. The Motion Pic­ in use in this service. At the end of tures Radio, Service is available to those fiscal 1963, there were 4,179 authoriza­ in transmitters of 9 percent. In 1963 engaged in the production or filming of tions, 137,907 authorized, and 68,054 es­ there were 37.1 authorized and 29.6 esti­ timated transmitters in use, an increase mated transmitters in use per assignable motion pictures. Users in this service in the ¿lumber of transmitters over 1958 frequency. .. did not participate in this proceeding. of 111.41 percent. There were 2758.1 au­ 89. Motor Carrier (Urban Transit). 10 shared (6 shared with Special Indus­ thorized and 1379 estimated transmit­ Urban transit is the third industry ac­ trial, 4 with Relay Press) frequencies ters in use for assignable channel in 1963. commodated within the Motor Carrier are available to the Motion Picture Radio The Association of American Railroads Radio Service. Radio is used to dis­ Service. At the end of fiscal 1958, there and Southern Railroad requested no ad­ patch repair vehicles, to maintain regu­ were 71 outstanding motion picture au­ ditional frequencies in the course of this larity of service, and to reroute passenger thorizations, 698 authorized and 370 esti­ proceeding. carrying vehicles. Only in the City oi Saturday, A pril 4, 1964 FEDERAL REGISTER 4829

Rochester, New York, has radio been in­ At the end of fiscal 1963, there were 28.0- 29.7 or 1.7 Mc/s exclusive. 1,680,003 fixed and mobile transmitters 50.0- 54.0 or 4.0 Mc/s exclusive. stalled in all buses as well as in super­ 144 —148 or 4.0 Mc/s exclusive. visory and emergency vehicles. 8 exclu­ authorized in the private land mobile 220—225 or 5.0 Mc/s Government/Non- sive and 23 shared frequencies (10 shared services, including 384,792 in the Busi­ Govemment. with other motor carriers, 13 shared with ness Radio Service but excluding Citi­ 420 -450 or 30.0 Mc/s Governxnent/Non- Petroleum and Forest Products) are zens Radio Service transmitters of any —*------Government. available to urban transit. In 1958, class. Weighing this figure by a 60 per­ Total-_ 44.7 Mc/s there were 110 urban transit station au­ cent factor (a rough estimate of the 44 megacycles of space is available for thorizations, 2,940 authorized and 2,122 average ratio of transmitters in use to use by the Amateur Radio Service in the estimated transmitters in use. At the transmitters authorized), we estimate 25-890 Mc/s area. This is in addition to end of fiscal 1963, there were 421 author­ that, at the end of fiscal 1963, there were frequencies in the 4, 7, 14 and 21 Mc/s izations, 3,275 authorized and 2,374 es­ 1,014,000 transmitters in use in these regions, the bands in heaviest use. At timated transmitters in use, an increase services. the end of fiscal 1963, there were 255,140 in transmitters over 1958 of 11.4 percent. 95. On the basis of estimates of growthamateur station authorizations out­ At the end of fiscal 1963, there were 105.6 in the land mobile services, EIA sug­ standing, and 15,267 RACES authoriza­ authorized and 76.6 estimated transmit­ gested allocation of 40 Mc/s and Motor­ tions. Although it appears that a larger ters in use per assignable channel. ola suggested 55 Mc/s of additional space portion of frequency spectrum in the 25- 90. Automobile Emergency. Frequen­ to the land mobile services. The com­ 890 Mc/s band is available to amateurs cies assigned to the Automobile Emer­ bined requests of representatives of than is available to the private land gency Radio Service are available to users in these services were for a maxi­ mobile services, it should be noted that Automobile Clubs and to garages which mum of approximately 450 to 500 fre­ 35 Mc/s (i.e. 220-225 Mc/s and 420-450 provide emergency road service to dis­ quencies or, depending upon their loca­ Mc/s) are shared with Government serv­ abled vehicles. Radio is used primarily tion in the spectrum, 15 to 25 Mc/s of ices. to dispatch road service vehicles. Auto space. 98. Citizens. There are four classes of clubs use radio also to report traffic con­ Other Radio Services. 96. Aviation. stations in the Citizens Radio Service. ditions. There are 12 exclusive frequen­ In the Aviation Radio Services, the band 48 frequencies in'the 462, 463, and 465 cies available to the Automobile Emer­ 29.80-30.0 Mc/s is available for aero­ Mc/s band are available for use by Class gency Radio Service. In 1958, there wer;e nautical fixed use. There are 3 station A stations. Class B stations using equip­ 962 automobile emergency station au­ assignments in this band, and accord­ ment type accepted for Class A stations thorizations, 8,992 authorized and 4,496 ing to ARINC, these stations are used for may also use these frequencies. At the estimated transmitters in use in this long distance communications during end of fiscal 1963, there were approxi­ service. At the end of fiscal 1963, there the high sunspot cycle. The 74.58-75.42 mately 5,500 Class A stations authorized were 1521 authorizations, 15,880 author­ Mc/s band is used for aeronautical and approximately 12,000 Class B sta­ ized and 7,940 estimated transmittersTn marker beacons, and is available to both tions. 5 exclusive frequencies and 1 use, and increase in transmitters over government and non-government users. shared frequency in the 26-27 Mc/s band 1958 of 77 percent. At the end of fiscal The 76-100 Mc/s band, also government/ are available to Class C stations. At 1963, there were 1323.3 authorized and non-governmerit, is available in Alaska the end of fiscal 1963, there were approxi­ 661.7 estimated transmitters in use per and is used for transmitter link and con­ mately 54,000 Class C stations author­ assignable frequency. 2 additional fre­ trol functions. The 108-118 Mc/s band, ized. Class C stations are used to con­ quencies were requested for use mainly available to government and non-gov­ trol objects, such as model airplanes, in large metropolitan areas. ernment users, is used for radionaviga­ garage doors, locomotives, pumps. 22 91. In summary, a total of 19 addi­ tion. The 118-128.8 Mc/s band, also exclusive frequencies and 1 shared fre­ tional frequencies were requested for the govemment/non-govemment, is used for quency are available to Class D stations Land Transportation Radio Services. air traffic control, except for the 123.1- in the 26-27 Mc/s region. The Class D At the time of the hearing in this pro­ 123.5 Mc/s band, which is available for station category was established in 1958. ceeding, representatives of the Taxicab flight test and flight school users. The At the end of fiscal 1963, there were and, to some extent, of Automobile 128.825-132.0 Mc/s band, a iion-govern- 446,590 outstanding citizens authoriza­ Emergency Services described frequency ment band subject to certain limitations, tions and 1,442,932 authorized trans­ congestion. is used for operational and enroute com­ mitters, the overwhelming majority of 92. By far the heaviest loading today, munications by the aviation industry. which (nearly 380,000 authorizations) as in 1958, exists in the Taxicab Radio The 132-136 Mc/s band, government/ belong in the Class D category. Service. Heavy loading also exists in noh-govemment, is used for air traffic 99. Marine. 23 frequencies are allo­ the Railroad Radio Service, which has control. The 154.04-154.46 and 161.40- cated to the Marine Services in the practically doubled during the past five 161.85 Mc/s band are available for aero­ 156.25-157.45 and 161.775-162 Mc/s years, nautical fixed operations in Puerto Rico bands. The frequency 121.5 Mc/s is 93. The foregoing is a summary dis­ and Virgin Islands. The 328-335 Mc/s shared with Aviation and the frequency cussion of the utilization of the frequency band, a government/non-government 27.255 Mc/s is shared with a number of space available to the private land mobile band, is used for glide slope radionavi­ other services. Eleven frequencies in the services. With some exceptions, the gation, and the 420-460 Mc/s band, a 25 Mc/s area have been allocated inter­ frequencies appear to be in heavy use. government/non-government band, of nationally to the Marine Services (Ge­ Also, with some notable exceptions, the which 420-450 Mc/s is allocated to the neva, 1959), but these allocations have frequency loading situation seems to be Amateur Radio Service, is used for radio not been implemented by amendment of about the same as it was in 1958. The altimeters. In addition to these bands, the Commission’s rules. At the end of additional frequencies made available by fiscal 1963, there were approximately certain discrete frequencies in the 25- 4,300 VHF transmitters authorized in the splitting the frequencies in the 45 and 890 Mc/s area are available for use by 150 Mc/s regions seem to have relieved Marine Services. The Commission has the situation somewhat and accommo­ the Civil Air Patrol. been encouraging the use of VHF fre­ dated growth up to now. Transmitters authorized in the Avia­ quencies in the Marine Services to re­ 94. The Land Mobile Section of EIA, tion Services at the end of fiscal 1963 duce frequency congestion in the 2 Mc/s were as follows: area. which made a presentation on behalf of 100. As was previously indicated in the land mobile services, predicted that Aeronautical and Fixed Group______7, 739 para. 60, it should again be pointed out by 1963 there would be approximately Aircraft Group______134, 831 Aviation Auxiliary Group______2, 987 that only limited conclusions as to fre­ 1,390,000 transmitters in these services; Aviation Radionavigation______532 quency congestion in the land mobile by 1968, 2,650,000; and by 1978,-5,000,000 Civil Air Patrol.:______23, 733 services can be drawn from the preceding transmitters, based on marketing surveys material. Nation-wide average channel conducted by EIA member companies. Total______169,822 loading statistics do not indicate actual Motorola, which also participated on be­ 97. Amateur. The following frequen­frequency loading in given geographical half of the land mobile services, pre­ cies are available to the Amateur Radio areas and in given radio services. dicted 2,000,000 transmitters, by 1968. Service: Clearly, however, the record of the pro- isso NOTICES ceeding showed a picture of the land proceeding (FCC 61-993, Docket No. maining space for the future growth of mobile services not only making exten­ 14229) for the purpose of exploring television broadcasting so long as current sive use of their available frequencies for various technical and operational pro­ technical standards remain unchanged. various purposes beneficial to the nation posals designed to improve the prospects 107. This is particularly important to involving commerèe, industry, public of UHF television. The eventual possi­ educational interests since it is clear that safety, and protection of life and prop­ bility of a UHF only system had not been .the future of educational television is de­ erty, but also looking forward to a con­ completely discarded although the pros­ pendent upon utilization of UHF chan­ tinuation and vast expansion of such pect of effecting such a change appeared nels. The National Association of uses. In this light, the extent of the remote. In order to achieve fuller utili­ Educational Broadcasters has in fact re­ demand by the land mobile services for zation of the UHF channels, the Commis­ quested over 800 new educational tele­ additional usable frequencies was such as sion pursued two parallel projects, apart vision reservations on UHF channels. to indicate that if it was to be met by from proceedings in Docket No. 14229, Most of this requirement can be satis­ making additional spectrum space avail­ which have now been completed and fied only if the 70 UHF channels con­ able, such space would have to be with­ which should enhance the prospects for tinue to be available. Enactment of Pub­ drawn from the television frequency UHF television. lic Law 87-477 to provide federal funds allocation. The reallocation of UHF 103. The first such project, the New on a matching basis for the construc­ television channels was at least worthy York City JJHF-TV project, involved a tion of educational television facilities of consideration in 1957 under the situa­ comprehensive evaluation of the poten­ doubtless will provide a strong stimulus tion then prevailing and at the time this tial utilization of UHF frequencies under for implementing the plans of educators proceeding was initiated. Development the most difficult transmission condi­ to construct television stations, thus em­ of the UHF television spectrum had tions—a heavily built-up metropolitan phasizing our conclusion that educa­ been retarded by economic and techni­ area. Data from the completed project tional television constitutes a service cal problems and its future was un­ show that for the area within 25 miles whose needs, as a matter of national certain. UHF television spectrum could of the station, while Channel 31 was policy, must be met. not be released for non-broadcast­ somewhat inferior to Channels 2 and 7 108. Quite apart from the use of UHF ing purposes, however, until it could be when indoor antennas were” employed, channels for education, future commer­ determined either Cl) that adequate the differences almost always disap­ cial television expansion is tied to main­ substitute allocations permitting a com­ peared when outside antennas were in­ tenance and development of tire UHF petitive national television system could stalled and, on the whole, the services band. Commercial television is firmly be made, or (2) that the practical and Could be considered as comparable. established today, largely in the VHF technical problems confronting UHF These results should, in great part, allay band, and the first priority of our 1952 television could not be solved. Thus, a past fears concerning the technical in­ Sixth Report and Order, to provide at determination with respect to the alloca­ feriority of UHF for this purpose. least one television service to all people, tions future of television and the feasi­ 104. As its second project, the Com­ has essentially been met. Despite this bility of the expanded television system mission proposed legislation directed to accomplishment, there are insufficient which had been a central facet the basic problem of receiver incom­ commercial television outlets available of Commission policy since 1952 was patibility. Public Law 87-529 was passed to most of the country to provide both required before this proceeding could be by the Congress and signed by the Presi­ for a desirable diversity of news, infor­ concluded. dent on July 10, 1962. As implemented mation and entertainment and for suffi­ 101. Careful studies of the television by Commission rules, this law requires cient outlets for the origination of local problem led to the Commission’s an­ that all television receivers (except those programs which should flow from a suc­ nouncement, in April 1959, that it would used in connection with an in-school ed­ cessful utilization of allotted television be necessary to seek solutions among five ucational television instruction program) channels. Primarily, this situation ob­ alternate modes of allocating spectrum manufactured after April 30, 1964, be tained from the receiver-incompatibility space to television.® Three of these capable of adequately receiving all of problem which will in time be solved by solutions contemplated expansion of the the 82 channels now allocated to tele-' implementation of the all-channel legis-. number of VHF channels allocated for vision broadcasting. Thus, it is clear that lation. These factors, along with our television broadcasting. The fourth the problem of receiver incompatibility exploding population, will lead to an contemplated a 70 channel UHF-only will be gradually eliminated. increasing demand for UHF channels to system, while the fifth looked toward 105. We have reason to expect that fill out the need for more commercial more effective use of the present 82 these developments, together with other television service and outlets which cari- channel VHF-UHF system. Negotia­ measures being taken by the Commission not be met with VHF channels. This tions with the Government were under­ (such as the establishment of the Com­ process is already discernible in the filing taken looking toward the possibility of mittee for Full Development of All-Chan­ of mutually exclusive applications for obtaining additional frequencies in the nel Broadcasting on February 7, 1963) UHF channels in Paterson, N.J.; Toledo, VHF and lower UHF portions of the will provide the impetus for expanded use Ohio; Cleveland, Ohio; Chicago, Illinois; radio spectrum. It was concluded by of the frequencies allocated to UHF tele­ Houston, Texas; and Boston,.Massachu­ the Department of Defense and the Office vision, especially as this is the only fore­ setts. Our allocation studies in Docket of Civilian and Defense Mobilization seeable way in which the important and No. 14229 further indicate that serious (now Office of Emergency Planning), unique benefits of a fully competitive shortages of television channels may oc­ that such additional spectrum space national television system can be ob­ cur with respect to some communities in could not be released by the Government tained or in which adequate channels for such areas as the New England States, educational television can be provided. Southern California and throughout for television broadcasting. the Ohio-Indiana-Michigan-Hlinois area 102. The announcement of that con­ 106. Since 1961, moreover, it has be­ clusion made it clear that fulfillment of come increasingly clear that a television where major population centers are too the Commission’s television goals could system adequate to meet the expand­ close together to permit all to have the be achieved only through much fuller ing needs of the public will require full number of channels that might other­ utilization of the 70 UHF channels, either utilization of both the 12 VHF and the wise be available to them. alone or in conjunction with the 12 VHF 70 UHF channels assigned to television 109. These facts, in our opinion, dic­ channels allocated to television broad­ broadcasting. The twelve VHF channels tate maintenance of an 82-channel tele­ casting. Accordingly, in July of 1961* are virtually saturated with some 550 vision system as against usage of this the Commission instituted a rule making VHF educational and commercial au­ frequency. space for the other various thorizations outstanding and few VHF purposes considered in this proceeding. 2 These alternatives were considered to he assignments remain idle except in areas Moreover, it is clear from the legislative the only ones which might offer the possibil­ of low population density in the Middle history o£, the all-channel receiver legis­ ity of achieving the nationwide competitive and Far West. The UHF band of fre­ lation that Congress favors an 82-chan­ television system that the Commission, in quencies, with only some 200 authoriza­ nel system as a matter of policy and that its Sixth Report and Order (Dockets 8736, tions outstanding (out of 1559 proposed the all-channel receiver authority was 8975; 8976 and 9175, published May 2, 1952, enacted on that basis. Thus, for exam­ 17FR3905), found to be required in the pub­ assignments) and of these only 120 lic interest. actually active, provides the only re­ ple, the Report of the Senate Committee Saturday, April 4, 1964 FEDERAL REGISTER 4831

on Commerce on the all-channel receiver 112. It should be emphasized that the ceedings (for example Docket No. 14503). bill (H.R. 8031) states: instant proceeding was primarily of a Furthermore, the Commission, as indi­ legislative fact-finding nature and the cated previously in this document, will Many Members of Congress have testified continue to study the needs of all of the in support of this legislation, .which is de­ determinations made herein are the re­ signed to implement the Congress’ and Com­ sult of an analysis of information re­ private mobile services. Thus, a sepa­ mission’s long-range policy of developing an ceived during the course of this proceed­ rate formal inquiry into the needs of 82-channel system. ing, combined with information derived the Public Safety Radio Services at this We emphasize that the aim of this measure from other sources. time does not appear necessary and the is an inter-mixed television systeih using 113. In view of the foregoing: It is or­ petition is hereby denied. both 12 VHP and 70 UHF channels. (S. Rep. dered, That the following petitions arq 115. The Communications Committee No. 1526, May 24, 1962, at p. 7.) ^ hereby denied: of the National Association of Manufac­ 110. Requests submitted by the non­ (a) RM-51 Lenkurt Electric Com­ turers (NAM) filed a petition (RM-566) broadcast, non-Govemment services pany, petition filed August 20, 1958, for dated February 3, 1964 which proposes during the course of this proceeding were reallocation of 840-890 Mc/s band to the shared use of TV channels 14 and 15 by predicated, at least implicitly, upon the Domestic Public Radio Service. the television broadcasting service and possibility of a major reallocation of the (b) RM-251 International Association the land mobile service on a geographic of Fire Chiefs and International Mu­ basis. ; Since this filing is of compara­ frequency bands now available for tele­ tively recent date, and since it differs in vision broadcasting. Subsequent devel­ nicipal Signal Association, petition filed April 11, 1961, for reallocation of a high material respects from the Electronic In­ opments as outlined in preceding para­ dustries Association petition RM-370 graphs have now eliminated this possibil­ UHF television channel to the Public Safety Radio Services. denied herein (Paragraph 113(c) above), ity; and it is, therefore, apparent that the NAM petition will remain in pending major allocation relief cannot be pro­ (c) RM-370 Electronic Industries As­ sociation, petition filed October 1, 1962, status and be studied further by the vided for those services in the 25-890 Commission. Mc/s band. During the intervening for reallocation of television Channels 14 and 15 (470-482 Mc/s) to the Land 116. It is further ordered, That all period, moreover, system operating char­ other specific requests for reallocation of acteristics have been altered and techno­ Mobile Radio Services. (d) United States Independent Tele­ frequency spectrum filed or received in logical improvements affecting spectrum this proceeding are hereby denied: Pro­ utilization have been made. It is also phone Association petition, filed July 16, 1958, for reallocation of the 840-890 vided, however, That this action is with­ apparent that spectrum needs will have out prejudice to the disposition of similar changed substantially during this period. Mc/s band to common carrier fixed operations. or related requests filed in other rule Consequently, express consideration of making proceedings now pending before allocation requests and supporting data The question of the use of television submitted in this proceeding would now the Commission. Channel 37 for radio astronomy pur­ 117. It is further ordered, That the be fruitless and unrealistic. Therefore, poses (RM-180) has been considered in* while recognizing the existence of signif­ the Report ana Order, Docket No. 15022, proceedings in Docket 11997 are hereby icant and important requirements for adopted October 4, 1963. terminated. the non-broadcast services, our atten­ 114. With respect to the petition of the Adopted: March 26, 1964. tion must be directed toward measures Associated Public Safety Communica­ which offer a promise of more efficient tions Officers filed December 6, 1962, Released \ March 30, 1964. utilization of the remaining portions of most if not all of the areas suggested by F ederal Communications the spectrum between 25 Mc/s and the APCÔ for inquiry were explored in this Commission,1 lower level of microwave frequencies in proceeding and the needs for additional [seal] B en F. W aple, the light of conditions as they exist to­ frequencies for the Public Safety Radio Secretary. day, without resorting to a major reallo­ Services have been made known to the cation of additional exclusive spectrum Commission in this and in other pro- 1 Commissioner Hyde absent. space to the land mobile service at the expense of other non-Government radio F requency R equests Submitted in D ocket N o. 11997 services. | , 111. Three general avenues of ap­ Organization Space requested proach are being followed at this time to achieve increased efficiency in spec­ Academy of Model Aeronautics...... 6 frequencies separated by greater than 2 percent between 39 trum usage. The first involves areas in Mc/s and 200 Mc/s. Aeronautical Radio, Inc. (ARINO)______150.8-162 Mc/s or 450-470 Mc/s band for Aeronautical Terminal which the information on hand appears Mobile Service. Air-Ground Radiotelephone Service below sufficient to warrant specific proposals 600 Mc/s. for rule changes. Action in this regard American Automobile Association______3 additional frequencies in the 150 Mc/s band. Alaska Aviation Radio, Inc______Additional frequencies for aeronautical enroute stations in Alaska will be found in the notice of proposed between 123.7-131.9 Mc/s (no reallocation involved) rule making adopted this date by the and Do...... Make frequencies in the 152-162 Mc/s and 450-460 Mc/s bands Commission in Docket No. 15399 wherein available for Operational Fixed use in Alaska. it is proposed to amend Parts 89, 91 and American Municipal Association______Stated need for 15 additional frequencies, excluding 15 kc/s splits, for Local Government Radio Service. 93 of the rules by instituting a trial under American Petroleum Institute, Central Com­ 25 to 30 additional exclusive channels in the 25-50 Mc/s band, 10 which land mobile licensees in the State mittee on Radio Facilities. to 15 channels in the 150.8-162 Mc/s band and 10 channel pairs of California in certain services would at 450 Mc/s. American Rocket Society______25.6-25.65 Mc/s (G) for worldwide telemetering; additional space be given secondary sharing rights to un­ would be required later. used frequencies of other services. The Do...... 38.981-38.985 Mc/s (G) or 40.982-40.984 Mc/s (G) and 39.980-39.984 Mc/s for ionospheric research. second approach, reflected in the Notice Do...... 107.948-107.959 Mc/s for ionospheric research. of Inquiry adopted this date in Docket Do...... 1 Me between 100-150 Mc/s for tracking. Do...... ______148-150.8 Mc/s for command, function. No. 15398, is designed to gather technical Do...... 225-235 Mo/s for telemetering. data looking toward optimum spacing Do...... 250-260 Mc/s for telemetering. Do...... 399.80-399.Si4 Mc/s for ionospheric research. between assignable channels in the land Do...... 390-400 Mc/s for telemetering. mobile service and to study the feasibility Do...... 410-420 Mc/s for telemetering. of the land mobile service sharing Chan­ Do...... 430-435 Mc/s for control, astronautic navigation, and telemetering. Do...... 10 Mc/s between 800-890 Mc/s for telemetering. nels 2 through 13 with television broad­ American Telephone and Telegraph Co. 765-840 Mc/s for common carrier fixed and public mobile. casting. The third approach, looking to­ (AT&T). Do...... 840-890 Mc/s common carrier fixed. ward a study of technical and adminis­ Do...... Augment present allocations for VHF maritime public corre­ trative steps which might be taken to spondence to conform with the Hague allocation table. In­ volves 9 additional VHF frequency pairs on the 156 Mc/s resolve problems confronting the land range, will change present authorized usage. mobile service, is treated in detail in American 'Trucking Association______7 additional channels in the 450-470 Mc/s band. Associated Telephone Answering Service____ 4 additional frequencies for radio paging. the Public Notice adopted this date es­ California State Automobile Service______2 additional frequencies for emergency road service in northern tablishing an Advisory Committee for California. Central Station Electrical Protection Associa­ 4 Mc/s plus guard bands for FM visual detection systems and 0.5 the Land Mobile Service. tion. Mc/s plus guard bands for tone signalling. 4832 4832 F requency Requests Submitted in Docket No. 11997—Continued F requency Requests Submitted in Docket No. 11997—- Continued

Organization Space requested Organization Space requested

Forest Industries Radio Communications____ Twice as many low band frequencies as now used within the next Petitions Involvingthe Docket No. 11997 10 years. Proceeding General Telephone and Electronic Corp...... 765-840 Mc/s for common carrier fixed and mobile. 840-890 Mc/s for common carrier fixed. American Telephone & Telegraph Co______Allocation of additional frequencies between 60 and 500 Mc/s to Hawaiian Telephone Co.1____...... 840-890 Mc/s for common carrier fixed. provide for AT&T land mobile service requirements. International Municipal Signal Association___ 30 mobile channels in the 100-890 Mc/s band. United States independent Telephone Associa­ Reallocation or the 840-890 Mc/s band to the common carrier Do...... 4 frequency pairs in the 450-860 Mc/s band. tion (USITA). fixed service. [ Do...... 4 exclusive frequencies for control of traffic signals by emergency Lenkurt Electric Co___*.______Reallocation of the 840-890 Mc/s band to the common carrier mobile units. • fixed service. Do...... 4 exclusive frequencies for control of traffic signal networks and O. R. Cote Co., etal------.... ______Requests that the date (Dec. 31, 1959) upon which certain special to provide point-to-point communications. industrial radio service licensees must discontinue operation Kern County and State of California...... 25-46 Mc/s for amateur, citizens, ISM, Government (G, NG). in the 49.60-50.00 Mc/s band, be extended until 90- days after Do...... 46-50 Mc/s band for amateur. action is taken on the petition of T. L. James and Co., R. B. Do...... 50-88 Mc/s band for land mobile. , Tyler Co. etal., for reallocation of the 49.51-49.60 Mc/s band to Do...... -...... 150-200 Mc/s band for land mobile. the special industrial radio service. Granted in part Nov. 16, Do...... :...... —- 200-216 Mc/s band for Government. 1959. Do...... -...... 400-410 Mc/s (G) meteorological aids. Kaar Engineering Corp. (July 23,1958). Reconsideration of the First Report and Order. June 18, 1958, in Do...... -...... 410-430 Mc/s band for amateur. Docket No. 1199]. and requesting the Commission to: limit the Do...... -...... 430-470 Mc/s band for land mobile. power on all business service frequencies below 450 Mc/s to 3 Do...... Existing VHF TV stations would move to UHF,. watts; retain all citizens radio service frequencies or in the alter­ Lenkurt Electric Co...... —- 10 channels below 500 Mc/s for rural radio service—primary basis, native, retain as a minimum the 462-468 Mc/s band With a continue present-secondary allocation. 10-watt power limit; or in lieu of the above-mentioned action, Do...... -...... T...... 765-840 Mc/s band for Common carrier mobile—primary basis Kaar requested that action in this matter be postponed pending and fixed on secondary basis. completion of the proceedings in Docket No. 11997. Do...... -...... 840-890 Mc/s band for common carrier fixed. Radio Technical Committee, U.S. Power Amend Parts 7 and 8 to make>156.95 Mc/s available exclusively to Motorola, Inc...... —------50-72 Mc/s band for land mobile. Squadron (Oct. 19, 1956) .J noncommercial boats for ship-to-ship and-ship-to-shore com­ Do...... 72-76 Mc/s band for amateur NIB w/markers. munications. Do...... - 76-88 Mc/s band for Government. Vocallne Company of America, Inc. (July 23, Requesting reconsideration of Commission action in the First Do... - 136-138 Mc/s band—amateur NIB with space. 1968).« Report and Order, June 18, 1958, in Docket No. 11991, to set Do 138-140 Mc/s band—amateur. aside said Report and Order insofar as it allocates Class B Do... - - 162-166 Mc/s band for land mobile. citizens radio service frequencies in the 462-468 Mc/s band to Do______174-354 Mc/s band for television broadcasting. any other radio service or provides for use of such frequencies Do— _ 390-390 Mc/s band for space. by Class A citizens radio stations. 392-400 Mc/s band for glidepath. Vocallne Company of America, Inc. (Sept. 2, Requesting reconsideration of Commission action in the Second Do— X ...... - - NOTICES 460-461, 462.525-463.225, 464.725-466.475 and 470-489 Mc/s bands 1968). Report’ and Order, July 31, 1958, in Docket No. 11994, to set for land mobile service. aside said Report and Order insofar as it allocates Class B 489- 460 Mc/s band for non-Govemment telemetering. citizens radio service frequencies in the 462-468 Mc/s band to Do— _ - . 490- 790 Mc/s band for Government. any other radio service or provides for use of such frequencies >790-800 Mc/s band for space. by Class A Citizens radio stations. 800-875 Mc/s band for common carrier. Vooaline Company of America, Inc. (July 23, Requesting reoonsideration of Commission action in the Third Do—“ “ II II ;I 875-889 Mc/s band for operational fixed. 1958). Memorandum Report and Order of June 18, 1958, in Docket Do...... 889-890 Mc/s band for telemetering. No. 11959. to set aside said Memorandum Report and Order Nations] Association of Manufacturers Com­ 14 additional frequencies in the 152-162 Mc/s band shared with insofar as it allocates Class B Citizens Radio Service frequencies mittee on Mfg’s Radio Use. forest products and petroleum. in the 462-468 Mc/s band to any other radio service or provides Do...... 4 exclusive frequencies in the 152-162 Mc/s band. for use of such frequencies by Class A Citizens radio stations. Do___ 14 additional frequency pairs in the 460 Mc/s band area. Aeronautical Radio, Inc. (ARINC) (Oct. 18, Requests the establishment of an Aviation Terminal Mobile National Association of Taxicab Owners, Inc._ 3 additional frequency pairs in the 152-162 Mc/s band. 1957) Service" in the 152-162 Mc/s Or 450-460 Mc/s bands. National Committee for Utilities Radio____ 29 additional channels in the 30-50 Mc/s band. - Hawaiian Telephone Co. (Sept. 26,1958)1__;__ Requests reallocation of the 840-890 Mc/s band to the common Do... _ .. .. _ . 4 channels in the 152-174 Mc/s band. carrier fixed service in Hawaii only. Do___ .. ____ 10 channels in the 45-460 Mc/s band (present access 83 frequen­ Radar-Eye Corp. (Oct. 9,1958)...... ,...___ Requests modification of Parts 15,18 and 19 of the Commission’s cies). rules to reduce the radiation limitation for Radar-Eye trans­ Petroleum Equipment Supplies Association.__ 30 exclusive frequencies in the 25-50 Mc/s band. mitters and allow Radar-Eye to operate as an ISM device, or Do 4 exclusive frequencies in the 152-162 Mc/s band. in the citizen bands, 460-470 Mc/s. Do— Unspecified number in the 450-470 Mc/s band (srevice gained 29 American Medical Association (AM A) (June 11, Requests finalization of Docket No. 11959 proposals to reallocate splits on shared basis). 1959). the band 161.645-161.325 Mc/s to remote pickup exclusively. RCA Communications, Inc...... 90 kc/s each in the 35, 38 and 40 Mc/s bands for ionospheric re­ Special Industrial Radio Services Association Requests reallocation of the frequencies 49.52, 49.54, 49.56 and flection and scatter propagation (international fixed public). (SIRSA) (Aug. 24,1959). 49.68 Mc/s to the special industrial radio service. Special Industrial Radio Service Association.... 42 additional frequencies in the 30-50 Mc/s band. Do______-...... Requests reallocation of at least 25 frequency pairs in the 462.525- Do™...... 38 frequencies in the 150 Mc/s region. 463.225 M cs and 465.275-466.475 Mc/S bands to the special SIRSA...'...... ------. 17 frequencies in the 450 Mc/s region (present access 48 fre­ industrial radio service. quencies). T. L. James and Co., R. B. Tyler Co. et al. Requests the reallocation of the frequencies 49.52,49.54,49.56 and United States Independent Telephone Associa­ From 1963-1968 will need an additional 240 20-kc/s channels below (Sept. 28,1959). 49.58 Mc/s to the special industrial radio service. tion (USITA). 100 Mc/s, 600 30-kc/s channels between 100 and 300 Mc/s and Forestry Conservation Communications As­ Requests the reallocation of the frequency band 46.51-46.60 Mc/s 360 50-kc/s channels above 300 Mc/s. sociation (Dec. 14,1959). to the forestry-conservation service for use by State agencies Natfonal Association of Broadcasters (NAB).—. 10 exclusive channels near 161 Mc/s for remote pickups tations. only. 2 bands of 10 channels each w/5-Mc/s separation in the 450 Mc/s region for remote pickup stations. i Withdrawn May 14,1963. See footnotes at end of table. * Considered in Docket No. 14375, Report and Order dated July 13,1662. * Dehied Aug. 20,1958. Saturday, A pril 4, 1964 FEDERAL REGISTER 4833

P ublic Safety R adio Sebvices ------— — Number of assign- Number of Number of Estimated number Number of transmitters able frequencies authorizations . transmitters Percentage of transmitters per frequency as of— Percent of Additional available outstanding authorized of in use increase in number of Radio services authorized authorized frequencies transmitters transmitters requested Exclusive/Shared June 30, June 30, June 30, June 3Q, in use June 30, June 30, Estimated Authorized from in Docket 1958 1963 1958 1963 1958 1963 transmitters transmitters 1958-1963 11997 total in use

(152) 1 p j. 185/» 38 [ 12,450 15,919 166,739 207,902 62 103,378 128,899 / (680) (1097) J 24.7 118. 1011 - 223 \ 578.0 932.2 (61) 1 ' ♦ 69/»38 I* 4,725 8,312 58,385 100,659 56 « 32,695 56,369 J (536) (957) | 72.4 38. 107 1 526.8 940.7 (70) Forestry Conservation.. 95/»38 1 3,264 4,177 33,618 44,443 73 24,541 32,443 / (351) (480) 1 32.2 10. 133 \ 243.9 334.1 (NA)» 77/138 0 4,650 0 64,961 0 0 0 J (NA) (NA) 20 to 30. 115 1 0 564.9 } 0 (40) J 64/i 38 Highway Maintenance.. / (403) (689) OP 6 i 3,264 4,978 27,543 51,174 58.5 16,112 29,936 \ 277.2 | 85.8 6 to 8. 108 J 473.8 (23) Special Emergency----- 24/3 6: i 3,325 ; 5,115 13,122 21,023 56 7,348 11,772 / (319) (571) j. 60.2 None stated. 30 1 352.4 700.7

Note: Figures in parentheses indicate 1958 statistics. i Shared by all Public Safety Services; except Special Emergency. > Not available since the service was created in 1958. * Shared by Highway Maintenance. I ndustrial R adio Services

Number of assign­ Number of Number of Estimated number able frequencies authorizations transmitters Percentage of transmitters Number of transmitters Percent of Additional presently available outstanding authorized of in use per channel increase in number of Radio services authorized authorized frequencies transmitters transmitters requested Exclusive/Shared June 30, June 30, June 30, June 30, in use June 30, June 30, Estimated Authorized from in Docket 1958 1963 1958 1963 1958 1963 transmitters transmitters 1958-1963 11997 Total in use

f (62) . f (1341) (2162) Power.'______¿¿¿Q* f 73P 10 l 11,320 13,932 133,039 166,348 62.5 83,149 108,967 \ 1,252 2,004.2 j 25.0 43 1 83 Í J (64) 14/158 None/* 10 / (373) (749) Petroleum_____ ...... None/* 15 ; 7,i5i 9,289 47,903 83,602 50 23,952 41,801 \ 409.8 819.6 } 74.5 55 to 65 None/4 5 102 (43) 2/»58 / (139.7) (349) Forest Products None/* 10 . 1,648 2,321 15,013 23,442 40 6,005 9,377 | 56.1 40 None/* 15 \ 110 276 J 85 (69) f (1338) (2789) Special industrial 47p 6 . 17,107 30,147 192,478 317,749 48 92,389 152,519 \ 2,877.7 5,995 \ 65.1 97 53 Manufacturers. . (-) / (-) (-) 20/» 15 . 0 891 0 21,740 0 0 0 ' \ 0 621.1 } 0 40 35 (-) / (-) (-) None sub­ Business...... 103/150 . 0 49,973 0 384,792 0 0 0 l 0 2,420.1 } (,) mitted. 159 (-) f ( ~ ) \ (-) None sub­ Telephone Maintenance. 14/None . 0 671 0 21,721 0 0 1 0 1,551.5 } « mitted. 14 (36) None/* 6 71 48 698 854 53 370 453 / (10) (46) l 22.4 None sub­ Motion pictures *4 \ 45.3 85.4 mitted. 10 (24) Relav Dress f (4) (293) None sub- None/» 4 130 186 1,585 2,586 37 586.4 956.8 \ 239.2 646.5 } 63.2 mitted. 4

N ote: Figures in parentheses are for 1958. 1 ky Petroleum, Forest Products. (For purposes of this table shared frequencies are treated as exclusive.) ! a i ? Petroleum, Forest Products, Power, and Manufacturers on geographical basis. I py Petroleum, Forest Products, and Manufacturers. >' '' . °5ar®d by Petroleum and Urban Transit. , : Shared by Special Industrial and Motion Pictures. , Shared by Business and Taxicab. : Shared by Business and Citizens. Shared by Motion Pictures and Relay Press. * Not available. 4834 NOTICES

Land T ransportation R adio Services

Number of assign- Number of Number of Estimated number Number of transmitters able frequencies authorizations transmitters Percentage of transmitters per channel Percent of Additional presently available outstanding authorized of in use Increase (or number of Radio service authorized decrease) in transmitters authorized frequencies Exclusive/Shared June 30, June 30, June 30, June 30, in use June 30, June 30, Estimated Authorized transmitters total 1958 1963 1958 1963 1958 1963 transmitters transmitters from 11997 " in use 1968-1963

f (48) (1368.9) 46/4 1 2,266 4,179 66,230 137,907 60 32,616 68,954 / (679.5) }. 111.41 None. 60 \ 1379 2768.1 (18) J 28/1 6 / 2903. 4962. Taxicab______-____ j 4,733 4,999 100,736 168,716 58.5 68,930 98,699 (6697) } 67.5 10] 1 34 1 (3274) f (20) Motor Carriers (Truck). J 64/» 10 . j 676 3,191 12,480 61,838 40 4,992 24,735 / (249.6) (624) } 495.1 7« [ 64 l 386.4 966.2 f (10) Intercity Bus______8/2 10 i 59 68 TÍt 667 80 682 634 / (68.2) (72.7) None, 18 \ 29.6 37.1 } -9.0 (1?) 8/110 Í [ n o 421 2,940 8,276 72.5 2,122 2,374 / (Í24.7) (172.9) None. i None/ * 13 * l 76.6 106.6 } 11.4 l 31 j ( (4) i J 12/None (1986) Automobile Emergency. ) 962 1,621 8,992 . 15,880 60 4,496 7,940 / (1128) } 77 2. l 12 J l 661.7 1323.3

Note: Figures In parentheses are for 1968. i Shared by Taxicab and Business. * Shared by all Motor Carriers. » Shared by Urban Transit, Petroleum, and Forestry Products. [F.R. Doc. 64-3241; Filed, Apr. 3, 1964; 8:45 a.m.]

[Docket No. 15393] violation of § 19.61(a) (now § 95.81(a)) [Docket No. 15395; FOC 64-255] of the Commission’s rules; and JOSEPH F. LEWIS, JR; It further appearing, that, in view of BLACKHAWK BROADCASTING CO. Order To Show Cause the foregoing, the subject radio station tWSDR) has been repeatedly operated in violation In the matter of Joseph F. Lewis, Jr., Order Designating Application for Dorchester, Massachusetts, Docket No. of §§ 95.37(c) and 95.81(a) of the Com­ Hearing on Stated Issues 15393, order to show cause why the li­ mission’s rules, the licensee has repeated­ ly violated § 1.89 of the Commission’s In re application of Blackhawk Broad­ cense for Citizens Radio Station KBC- casting Company (WSDR), Sterling, Illi­ 5513 should not be revoked. rules, and the subject radio station has been operated in willful violation of Title nois, Docket No. 15395, File No. BMP- The Commission, by the Chief, Safety 10504, has Lie. 1240 kc, 100 w, U, Class and Special Radio Services Bureau, 18, United States Code, section 1464; and IV, has CP. 1240 kc, 100 w, 500 wTLS, U, under delegated authority, having under It further appearing, that, based on Class IV, Req. 1240 kc, 250 w, 500 w-LS, consideration certain alleged violations the usage made of captioned radio sta­ U, Class IV; for construction permit. in connection with the operation of Citi­ tion by the licensee on or about Novem­ At a session of the Federal Communi­ zens radiò station KBC-5513; ber 25, and December 5, 1963, the Com­ cations Commission held at its offices in It appearing, that, licensee failed to re­ mission would be warranted in refusing Washington, D.C., on the 25th day of ply to Official Notices of Violation mailed to grant an application from this licensee March 1964; on December 17, 1963, and February 7 The Commission having under consid­ and 20, 1964, and to a revocation warn­ for the same class of radio station license ing letter mailed on January 9, 1964, in if the original application were now be­ eration the above-captioned and de­ fore it; scribed application; violation of §1.89 (formerly § 1.76) of It appearing, that, exceptúas indicated the Commission’s rules; and It is ordered, This 26th day of March It further appearing, that, on Decem­ 1964, pursuant to section 312 (a) (2), by the issues specified below, the appli­ (4) and (6) and (c) of the Communica­ cant is legally, technically, financially, ber 13, 1963, and February 7, 1964, the and otherwise qualified to construct and licensee’s radio station was operated with tions Act of 1934, as amended, and § 0.331 operate as proposed; and transmitting equipment not authorized (b) of the Commission’s rules, that the It further appearing, that, the follow­ by the Commission (excessive antenna licensee show cause why the license for ing matters are to be considered in con­ height), in violation of § 95.37(c) (for­ the captioned radio station should not nection with the aforementioned issues merly § 19.25(c)) of the Commission’s be revoked and appear and give evidence specified below: rules; and with respect thereto at a hearing to be 1. According to data submitted by the It further appearing, that, on or about held at a time and place to be specified applicant, WSDR would receive daytime November 25 and December 5, 1963, the by subsequent order; and interference assuming it and all other licensee’s radio station was used for the It is further ordered, That the Secre­ Class IV’s were operating with 250 watts transmission of communications con­ tary send a copy of this order by certi­ which would result in a 16.5 percent pop­ taining obscene, indecent or profane lan­ fied mail—return receipt requested (air ulation loss. guage, in violation of Title 18, United mail) to the licensee at his last known 2. On September 26, 1962 William C. States Code, section 1464; and address of 28 Balsam Street, Dorchester Forrest, licensee of Station WIBU, Poy- It further appearing, that (on or about 24, Masachusetts. nette, Wisconsin, filed a Pre-Grant Pe­ tition to Deny; on October 9,1962, WSBC November 25, and December 5, 1963, and ' Released: March 26, 1964. February 6 and 7, 1964, the licensee’s- Broadcasting Company, licensee of Sta­ radio station was used for the transmis­ F ederal Communications tion WSBC filed a Pre-Grant Petition to sion to other Citizens radio stations of Commission, Deny; and, in a letter dated October 18, communications which were not neces­ [seal] B en F. W aple, 1962 WTAX, Inc., licensee of Station sary for the exchange of substantive mes­ Secretary. WTAX requested that the instant pro­ sages related to the business or personal [F.R. Doc. 64-3325; Filed, Apr. 3, 1964; posal be denied. In their requests for affairs of the Individuals concerned, in 8:51 a.m.] denial they claim that a grant of this Saturday, April 4, 1964 FEDERAL REGISTER 4835 proposal would cause nighttime interfer­ crease daytime power from 250 watts to Docket No. 15266, File No. BPH-4165; for ence to each of their existing operations. 1 kilowatt. construction permits. Stations WTBU and WSBC also requested It is further ordered, That, to avail 1. The petitioner, Community Broad­ that in the alternative, the application itself of the opportunity to be heard, the casting Service, Inc., requests that the be designated for hearing. applicant and parties respondent herein, Review Board enlarge the issues in this 3. The amount of population lost duepursuant to § 1.221 (c) of the Commission proceeding to inquire into the financial to interference received daytime raises a rules, in person or by attorney, shall, qualifications of Mortimer and Vivian question as to whether WSDR is ade­ within 20 days of the mailing of this Eliza Hendrickson (Hendricksons)1 quately separated from co-channel sta­ order, file with the Commission in tripli­ 2. Petitioner and the Hendricksons tions for operation with increased night­ cate, a written appearance stating an in­ each own existing AM broadcast facilities time power as proposed. The intent of tention to appear on the date fixed for in Vineland, New Jersey. In this pro­ our rules is that this question be resolved the hearing and present evidence on the ceeding, each seeks a new FM broad­ on the basis of whether the degree of issues specified in this order. cast station in Vineland. Their appli­ interference received daytime would be It is further ordered, That, the appli­ cations were designated for hearing in a excessive pursuant to § 73.28(d) (3) as­ cant herein shall, pursuant to section consolidated proceeding in an Order re­ suming that Station WSDR and all co­ 311(a) (2) of the Communications Act leased January 21, 1964 (Mimeo No. channel stations operate daytime with of 1934, as amended, and § 1.594 of the 46004) and published in the F ederal power not exceeding 250 watts and Commission’s rules give notice of the R egister on January 24, 1964 (29 FJt. utilize non-directional antennas. Issue hearing, within the time and in the man­ 623). Petitioner alleges that the order of No. 2, infra, is to be construed in light ner prescribed in such rule, and shall ad­ designation erroneously found the Hen­ of the foregoing considerations. vise the Commission of the publication dricksons to be financially qualified to It further appearing, that, in view of of such notice as required by § 1.594(g) construct, own, and operate the proposed j the foregoing, the Commission is unable of the rules. FM facility in Vineland, New Jersey. Pe­ to make the statutory finding that a Released: March 30, 1964. titioner claims that the Hendricksons, on grant of the subject application would the face of their application, failed to serve the public interest, convenience, F ederal Communications show total available resources sufficient and necessity, and is of the opinion that Commission,1 to meet the total cost of construction and the application must be designated for [seal] B en F. Waple, estimated cash expenditures for opera­ hearing on the issues set forth below: Secretary, tion for the first year. It is ordered, That, pursuant to section [FR. Doc. 64-3322; Filed, Apr. 3, 1964; 3. Specifically, petitioner points to the 309(e) of the Communications Act of 8:50 am.] financial section of the Hendricksons’ ap­ 1934, as amended, the application is des­ plication wherein estimated costs of con­ ignated for hearing, at a time and place [Docket No. 15395; FCC 64M-274] struction of $15,623.75 and estimated op­ to be specified in a subsequent order, erating expenses for the first year of upon the following issues: BLACKHAWK BROADCASTING CO. $25,000 are balanced against $4,000 cash 1. To determine the areas and popula­ (WSDR) deposits, a $5,000 proposed bank loan, a tions which may be expected to gain or $13,373.75 deferred payment credit from lose primary service from the proposed Order Scheduling Hearing RCA, and available personal income. operation of Station WSDR and the In re application of Blackhawk Broad­ Petitioner contends that the proposed availability of other primary service to casting Company (WSDR), Sterling, Il­ loan of $5,000 cannot be considered as an such areas and populations. linois, Docket No. 15395 File No. BMP- available resource because of a unilateral 2. To determine whether interference 10504, for construction permit. determination to be made in the future received from existing stations would af­ It is ordered, This 30th day of March by the bank of the acceptability of fect more than 10 percent of the popu­ 1964, that Charles J. Frederick will pre­ Hendricksons’ financial statement. The lation within the normally protected day­ side at tiie hearing in the above-entitled amount of deferred credit available time primary service area (250w) in con­ proceeding which is hereby scheduled to shown by Hendricksons is also attacked travention of § 73.28(d) (3) of the rules, commence on May 28,1964, in Washing­ by petitioner since a total of 25 percent and, if so, whether circumstances exist ton, D C.: And it is further ordered, That of stated amount must be paid before which would warrant a waiver of tiiis a prehearing conference in the proceed­ construction, leaving an available credit section to permit, the proposed increase ing will be convened by the presiding of­ of only $10,030. The petitioner further in nighttime power. ficer at 9:00 a.mM April 24,1964. contends that the unspecified item of 3. To determine, in the light of the “personal income” in the application evidence adduced pursuant to the fore­ Released: March 31,1964. cannot be considered because of uncer­ going issues, whether a grant of the ap­ F ederal Communications tainty in its determination as a financial plication would serve the public interest, resource and because the purported bal­ convenience and necessity. Commission, [ seal] B en F. Waple, ance sheet of the Hendricksons is incom­ It is further ordered, That, the Pre- Secretary. plete in that it fails to show liabilities. Grant Petition to Deny filed by William As a result, petitioner alleges that a de­ C. Forrest, the Pre-Grant Petition to [F.R. Doc. 64-3323; Filed, Apr. 8, 1964; ficiency exists between total costs of con­ Deny filed by WSBC Broadcasting Com­ 8:50 am.] struction of $15,623.75 and total available pany are granted to the extent indicated resources of $14,030 ($4,000 cash deposits herein and are denied in all other re­ [Docket Nos. 15265,15266; FCC 64R-175] and $10,030 deferred credit); that, even spects; and, the letter in the form of a on a cash expenditure basis, total ex- request to deny from WTAX, Inc., is COMMUNITY BROADCASTING SERV­ denied. ICE INC., ET AL. It is further ordered, That, William C. 1 The Review Board has before it for con­ Memorandum Opinion and Order sideration the following pleadings: (1) Peti­ Forrest, WSBC Broadcasting Company tion to enlarge issues, filed February 10, 1964, and WTAX, Inc., licensees of Stations Amending Issues by Community Broadcasting Service, Inc WIBU, WSBC and WTAX, respectively, In re applications of Community (2) Opposition, filed February 24, 1964, by are made parties to the proceeding. Broadcasting Service, Inc., Vineland, New Mortimer and Vivian Eliza Hendrickson; (3) It is further ordered. That, in the event Support of Petition, filed February 25, 1964, Jersey, Docket No. 15265, File No. BPH- by the Broadcast Bureau; and (4) Reply by « a grant of the application, the con­ 3949; Mortimer Hendrickson and Vivian struction permit shall contain the follow­ petitioner, filed March 3, 1964. The Broad­ ing condition: Eliza Hendrickson, Vineland, New Jersey, cast Bureau has also filed a petition for ac­ ceptance of late filing on February 25, 1964. Permittee shall accept such inter- 1 Commissioner Hyde absent; Commissioner The petition will be granted for good cause imposed by existing Bartley dissenting; dissenting statement of shown and the Bureau's pleading in support watt Class IV stations in the event Commissioner Lee filed as part of original of the petition to enlarge issues will be ac­ tney are subsequently authorized to in- document. cepted as filed on ^February 25, 1964. No. 67----- 7 4836 NOTICES penditures of $36,2172 exceed total reve­ construction costs of $15,623.75 and esti­ 25, 1964, by the Broadcast Bureau, and nues ($5,000 cash deposits plus $30,000 mated operating expenses of $6,250 for a that the petition to enlarge issues, filed anticipated revenues for first year) ; and period of three months or a total cost February 10, 1964, by Community that the assumed expenses of $25,000 for of construction and operation for three Broadcasting Service, Inc., are granted- the combined AM-FM operation for the months of $21,873.75. The Bureau points and first year are “highly doubtful” in light out that available resources total only It is further ordered, That the issues of average broadcast expenses published $19,030 (including $4,000 cash deposits, in this proceeding are enlarged by the by the Commission and of affidavits at­ $5,000 bank loan, and $10,030 deferred addition of the following issue; To deter­ tached by petitioner from its general credit) ; therefore, the application, on its mine whether Mortimer and Vivian Rii?a manager and a radio engineer dealing face, fails to make a proper financial Hendrickson are financially qualified to with the estimated costs of power, main­ showing. The Bureau also supports the construct and operate the FM broadcast tenance, and operation for such a pro­ petitioner in questioning the availability station as proposed. posed FM station. of the bank loan because of the condi­ Released: March 31,1964. 4. The Hendricksons oppose the peti­ tional nature of the letter of intent sub­ tioner’s request to add a financial quali­ mitted by the bank to the Hendricksons. F ederal Communications fications issue. The Hendricksons main­ 6. In its reply pleading, petitioner sup­ Commission/ tain that any bank commitment to make ports the stated views of the Broadcast [seal] B en F. Waple, a loan at an indefinite time in the future Bureau and further questions the ade­ Secretary. is conditioned on possible changes and quacy and accuracy of the proposed cost [F.R. Doc. 64-3324; Filed, Apr. 3, 1964; that the Commission has consistently estimates furnished by Mortimer Hen­ 8:50 a.m.] recognized such practice and approved drickson with respect to the staffing of commitments, despite such reservations, the FM facility. as sufficient indication of the availability 7. Upon consideration of the petition to [Docket No. 14974; FCC 64M-273] of loan funds. Without taking account enlarge issues and related pleadings SALEM BROADCASTING COMPANY of personal income, and accepting the and the financial proposals contained in corrected figuré for deferred credit, the the Hendricksons’ application, the Re­ Order Scheduling Hearing Hendricksons allege that they will have view Board is of the opinion that the In re application of Salem Broad­ available resources of $19,030 ($4,000. addition of a financial qualifications is­ casting Company, Salem, Ohio, Docket cash deposits, $5,000 loan, and $10,030 sue is warranted. The Hendricksons’ No. 14974, File No. BP-13950; for con­ deferred credit) with which to offset an­ proposal anticipates estimated construc­ struction permit. ticipated expenditures of $18,048,® and tion costs of $1$,623.75, from which Pursuant to a prehearing conference that they can also meet a test of finan­ figure $10,030 in deferred credit may be held this date: It is ordered, This 30th cial qualification on a cash expenditure subtracted to arrive at an initial con­ day of March 1964, that the date for ex­ basis. The Hendricksons contend that struction cost of $5,593.75. Operating changing engineering exhibits herein allegations of average operating costs expenses of a combined AM-FM broad­ shall be on or before May 18, 1964; are meaningless without a specific show­ cast facility5 for the first three months It is further ordered, That the date for ing of costs in the Vineland, New Jersey, would total $6,250; therefore, a total of the notification of witnesses desired for area and that the affidavits submitted $11,843.75 would be required to construct cross-examination shall be June 5, 1964; by petitioner with respect to such costs and operate the station for the initial It is further ordered, That the hearing fail to provide supporting information three month period without regard to po­ herein be and the same is hereby sched­ and are based merely on the opinion of tential revenues. The available re­ uled for June 10,1964, 10:00 a.m., in the petitioner’s general manager, an inter­ sources to finance construction and oper­ Commission’s Offices, Washington, D.C. ested party. The Hendricksons supply ation for the first three months include Released: March 31,1964. an affidavit of Mortimer Hendrickson in­ $4,000 cash deposits and a $5,000 bank dicating the basis upon which the esti­ loan6 or a total of $9,000. In the Hen­ F ederal Communications mated expense of operation of $25,000 dricksons’ opposition the deferred credit Commission, is constructed.4 of $10,030 is listed as an available source [seal] B en F. Waple, 5. The Broadcast Bureau supports the of liquid funds with which to finance the Secretary. petition to enlarge issues in the proceed­ construction expenses of the initial three [F.R. Doc. 64-3326; Filed, Apr. 3, 1964; ing. The Bureau states that the Hend­ month period. This inclusion is in error 8:51 a.m.] ricksons’ application reflects estimated since the deferred credit ($10,030) was previously deducted from the estimated 8 Total cash expenditures, as alleged in the construction costs and is not available to [Docket Nos. 15204-15207; FCC 64M-276] petition to enlarge issues, include the follow­ reduce the total liquid funds necessary to WHDH, INC. (WHDH-TV) ET AL. ing: finance the Hendricksons’ proposal. The Professional services------$2,250 unspecified item of personal income listed Statement and Order After Further RCA downpayment— ----- ;------3,343 as a source of available funds cannot be Prehearing Conference Principal payments to RCA------5,434 considered by the Board. On thé face Interest payments to RCA------190 of their application, the Hendricksons In re applications of WHDH, Inc. Cost of operation (estimated)------25,000 (WHDH-TV), Boston, Massachusetts, have failed to show available funds suffi­ Docket No. 15204, File No. BRCT-530, for Total expenditures, end of first cient to construct and operate the pro­ renewal of license; Charles River Civic year______36,217 posed FM station for an initial three month period; therefore, the financial Television, Inc., Boston, Massachusetts, 3 The Hendricksons’ opposition claims total Docket No. 15205, File No. BPCT-3164; expenditures for construction and the first qualifications issue, as requested by the Boston Broadcasters, Inc., Boston, Mas­ three months of operation in the following petitioner, will be added to the proceed­ sachusetts, Docket No. 15206, File No. amounts:^ ing. Accordingingly, it is ordered, This 27th BPCT-3170; Greater Boston TV Co., Inc-, Professional services------— - $2,250 Boston, Massachusetts, Docket No. 15207, RCA downpayment----- .------— 3,343 day of March 1964, that the petition for File No. BPCT-3171; for construction RCA principal______•------6» 015 acceptance of late filing, filed February permits for new VHF television broad­ RCA interest______190 cast stations. Bank loan principal------— 1,000 6 The Review Board must employ the At the further prehearing conference 3 months’ operating expense (Î4 of estimated costs of operation indicated in the today, among other tilings the follow­ $25,000)______6,250 Hendricksons’ application even though the ing changes and supplements were made figure includes expenses attributable to a Total______— 18, 048 in the schedule: combined AM-FM operation since there is 1. The further prehearing conference 4 The affidavit submitted by Mortimer no assessment of FM operational costs as a Hendrickson estimates first year operational separate item. of April 9, 1964 is canceled. costs for combined AM—PM facilities at 8 We do not agree with the petitioner or 2. The hearing now scheduled for Aprn $18,815. No account is given of the differ­ with the Broadcast Bureau that the bank’s 13, 1964, at 10 a.m. will begin instead » ence between this figure and the $25,000 esti­ commitment is so burdened with a condition mated costs contained in the Hendricksons’ of acceptability to the bank that it is un­ application. reliable for the Commission’s purposes. i Review Board Member Nelson, dissenting- Saturday, A p ril 4, 1964 FEDERAL REGISTER 4837 2 «in on that day. (April 20, 1964, at UNITED STATES LINES CO. AND lfication, together with a request for 10 ajn. is the date already reserved for MATSON NAVIGATION CO. hearing, should such hearing be desired. the beginning of the introduction of the Dated: April 1,1964. applicants’ direct cases.) Notice of Termination of Agreement 3 By May 19, 1964, WHDH, Inc. will No. DC-5 By order of the Federal Maritime furnish to counsel for the other parties Commission. and the Hearing Examiner the informa­ Notice is hereby given that effective T homas Lisi, May 1, 1964, Agreement No. DC-5 be­ Secretary. tion d escrib ed in the Review Board’s tween United States Lines Company Memorandum Opinion and Order en­ (USL) and Matson Navigation Company {FR. Doc. 64-3298; Filed, Apr. 3, 1964; larging the issues, released March 12, (Matson) is being cancelled by agree­ 8:48 ajn.] 1964 (FCC 64R-128). ment of the parties. Under the Agree­ So ordered, This 31st day of March ment, which was approved on Decem­ 1964. ber 3,1963, pursuant to section 15 of the Shipping Act, 1Ç16 (46 U.S.C. 814), (1) FEDERAL POWER COMMISSION Reléased: April 1,1964. USL concurs in tariffs filed by Matson [Docket No. G-19417 etc.] F ederal Communications applying from Hawaii to Atlantic Coast PAN AMERICAN PETROLEUM CORP. Commission, ports of the United States, (2) Matson ET ÁL. [seal] B en F. W aple, names USL as a participating carrier in Secretary. such tariffs, (3) The parties are per­ Order Severing Proceedings, Approv­ [F.R. Doc. ©4-3327; Piled, Apr. 3, 1064; mitted to discuss rates or other tariff ing Proposed Settlements, and Issu­ 8:51 a.m.] matters which might affect both carriers, ing Certificates of Public Conven­ with final decision thereon reserved to Matson, and (4) Either party is per­ ience and Necessity mitted to cancel the agreement on not March 30,1964. FEDERAL MARITIME COMMISSION less than 45 days’ notice in writing. Pan American Petroleum Corporation, et al., Docket Nos. G-19417, et al.; Pan UNITED STATES LINES CO. AND Dated: April 1,1964. American Petroleum Corp., Docket No. ISTHMIAN LINES, INC. By order of the Commission. ' G-19417, CI61-516; Shell Oil Company (Operator), et al., Docket No. Clèl-524; Notice of Agreement Filed for T homas Lisi, Secretary. The Atlantic Refining Company, Docket Approval No. CI61-752; Union Texas Petroleum, Notice is hereby given that Agreement [F.R. Doc. 64-3300; Filed, Apr. 3, 1964; A Division Allied Chemical Corporation, 8:48 a.m.] et al., Docket No. CI61-1275; Pan Amer­ No. DC-10 has been filed with the Com­ ican Petroleum Corporation, Docket No. mission for approval pursuant to sec­ CI61-1772; Continental Oil Company, tion 15 of the Shipping Act, 1916, as Docket No. CI62-1100; The Atlantic Re­ amended (39 Stat. 733, 75 Stat. 763, 46 FARRELL LINES INC. AND DELTA STEAMSHIP LINES, INC. fining Company, Docket No. CI62-1511; Ü.S.C. 814). The Pure Oil Company, Docket No. Cl Agreement No. DC-10 between United Notice of Filing of Agreement 63-148; Pan American Petroleum Corp., Docket Nos. CI63-286, CI63-328, CI63- States Lines Company (USD and Isth­ Notice is hereby given that the follow­ mian Lines, Inc. (Isthmian), provides ing described agreement has been filed 336, CI63-337; Marathon Oil Company, that (1) USL will assent to and concur Docket No. CI63-356; Gulf Oil Corpora­ with the .Commission for approval pur­ tion, Docket No. CI63-459; Phillips Pe­ in Freight tariffs applying from Hawaii suant to section 15 of the Shipping Act, to Atlantic Coast ports which Isthmian troleum Company (Operator), et al., 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. Docket No. CI63-462; Humble Oil & Re­ may publish and file, (2) Isthmian will 814): fining Company, Docket No. 063-575; name USL as a concurring carrier in Agreement 9339 between Farrell lines Phillips Petroleum Company (Operator), süch tariffs, <3) The parties may discuss Incorporated and Delta Steamship Lines, et al., Docket No. CI63-583; Cities Serv­ rates or other tariff matter which may Incorporated establishes a Conference ice Oil Company, Docket No. 063-647; affect both carriers, with final decision to be known as the “U.S./Canada-West Tidewater Oil Company, Docket No. as to such matter reserved to Isthmian, Africa Freight Conference” to operate 063-1009; Sinclair Oil & Gas Company, (4) The agreement may he cancelled on in the Eastbound and Westbound trades Docket Nos. 063-1025,063-1026; Amer­ not less than forty-five days’ notice in between Atlantic and St. Lawrence ada Petroleum Corporation, Docket No. River ports of Canada/U.S. Atlantic and 063-1042; Marathon Oil Company, writing, and (5) The agreement shall Gulf of Mexico ports and West African become effective when approved by the Docket No. 063-1086; Gulf Oil Corpora­ ports (south of the southerly border of tion, Docket No. 063-1125, 063-1129, Commission pursuant to section 15, and Rio de Oro, Spanish Sahara and north of 063-1152; Union Oil Company of Cali­ by the Maritime Administration pur­ the northerly border of Southwest fornia (Operator), et al., Docket No. suant to Article n-18(c) of the subsidy Africa), including the Atlantic,islands 0 6 3 - 1241; Sun Oil Company, Docket agreement of USL. of the Azores, Madeira, Canary and No. 063-1427; Clearly Petroleum, Inc. Interested parties may inspect this Cape Verde, also the islands of Fernando (Operator) et al., Docket No. 063-1461 ; agreement and obtain copies thereof at Po, Principe, and Sao Tome in the Gulf The Atlantic Refining Company, Docket the Bureau of Domestic Regulation, Fed­ of Guinea, under terms and conditions No. 063-1491; Marathon Oil Company, eral Maritime Commission, Washington set forth in the agreement. Docket Nq^ 063-1585; Pan American 25, D.C., and may submit within 20 days Interested parties may inspect this Petroleum Corp., Docket Nos. 064-23, after publication of this notice in the agreement and obtain copies thereof at 0 6 4 - 67; Ashland Oil & Refining Com­ Federal Register, written statements the Bureau of Foreign Regulation, Fed­ pany, Docket No. 064-159; Gulf Oil stating a position as to approval, dis-' eral Maritime Commission, Washington, Corporation, Docket No. 064-208. approval, or modification of the agree­ D.C., 20573, or may inspect a copy at On the dates set forth below the fol­ the offices of the District Managers of lowing companies filed motions for sever­ ment together with a request for hearing ance of the above-captioned dockets should one be desired. the Commission in New York, N.Y., New from the proceedings in Pan American Dated: April 1,1964. Orleans, La., and San Francisco, Calif., Petroleum Corporation, et al., Docket and may submit to the Secretary, Fed­ Nos. G-19417, et al., for approval of their By order of the Federal Maritime eral Maritime Commission, Washington, respective settlement proposals and for Commission. D.C., 20573, within 20 days after pub­ the prompt issuance of certificates of Thomas Lisi, lication of this notice in the F ederal public convenience and necessity without Secretary. R egister, written statements with ref­ intermediate decision procedure: IPR. Doc. 64-3299; Piled, Apr. 3, 1964; erence to the agreement and their posi­ . Shell Oil Company (Operator), et aL, De­ 8:48 ajn.] tion as to approval, disapproval, or mod- cember 19, 1963; Ashland OU & Refining 4838 NOTICES Company, January 10, 1964; Humble Oil & ing parties request permanent certifi­ Union Texas Petroleum has indicated j Refining Company, January 13, 1964; Union cates on the same conditions as already that it is willing to refund any amounts Î Oil Company of California (Operator), et al., provided in our order issued March 6, collected by virtue of the operation of its j January 22, 1964; Phillips Petroleum Com­ Btu adjustment clause from the date of 1 pany (Operator), et al., January 23, 1964; 1964, which severed the proceedings in The Pine Oil Company, January 27, 1964; CI61-1620 and CI61-1796. issuance of its temporary certificate until | Blnriair o il & Gas Company, January 29, There are several conditions which we the date of issuance of a permanent cer-1 1964; Union Texas Petroleum, February 7, feel must be imposed uniformly in every tificate herein, down to a floor of 15 cents 1964; Union Texas Petroleum, February 11, case where a motion for severance and per Mcf. 1964; The Atlantic Refining Company, Feb­ settlement proposal is made to the Com­ We find the settlement ^proposals j ruary 20, 1964; Gulf Oil Corporation, Febru­ mission in these proceedings. In all cases herein to be in the public interest. Ac­ ary 25, 1964; Pan American Petroleum Cor­ wherein motions for severance are filed cordingly, we shall sever the above-1 poration, et al., February 26, 1964; Conti­ nental Oil Company, February 27, 1964; in these consolidated proceedings we captioned dockets from the consolidated j Marathon Oil Company, March 4, 1964; Pan shall establish a uniform pattern of proceedings in Pan American Petroleum j American Petroleum Corporation, et al., conditions with respect to (1) take-or- Corporation, et al., Docket Nos. G-19417, March 6, 1964, March 9, 1964; Cities Service pay-for liabilities and (2) boundary et al., omit the intermediate decisions in Oil Compâny, March 9, 1964; Amerada Petro­ changes resulting, from amendment to regard to these dockets, and conditionally leum Corporation, March 11, 1964; Tidewater Policy Statement No. 61-1. Further­ issue certificates of public convenience Oil Company, March 12, 1964; Sun Oil Com­ more, as indicated above, all Btu adjust­ and necessity. pany, March 23, 1964; Cleary Petroleum Inc. ment clauses shall be subject prospec­ In a hearing held on March 26, 1964, j (Operator), et al., March 23, 1964. tively to the proceedings in Docket No. the Commission, on its own motion, re- | All of the above applicants have indi­ R-200. ceived and made part of the record in cated in their motions for severance their There remain, finally, two dockets these proceedings all evidence, including willingness to accept permanent certifi­ wherein the issuance of permanent cer­ the applications and exhibits attached cates on the same terms and conditions tificates will require the refund of any thereto, submitted in support of the au­ as contained in their temporary certifi­ amounts previously collected over 15 thorizations sought herein, and upon cates.1 More particularly, all of the cents per Mcf up to the date of the issu­ consideration of the record, above moving parties have indicated ance of the permanent certificate herein The Commission finds: their desire to accept permanent certifi­ (Pan American Petroleum Corporation, (1) Each Applicant is a “natural-gas cates providing, inter alia, for an initial 'Docket No. 0-194174 and Union Texas company” within the meaning of the price of 15 cents per Mcf, the present Petroleum, Docket No. CI61-1275) .* Pan Natural Gas Act and is engaged in the ceiling price contained in the Statement American has indicated that it is willing sale and delivery of natural gas in inter­ of General Policy No. 61-1 for the “Other to accept a permanent certificate in state commerce for resale for ultimate Oklahoma” area.* No answers have been Docket No. G-19417 upon the condition public consumption subject to the juris­ filed by any parties or interveners to that Pan American shall within ninety diction of the Commission. these motions. days refund to Cimarron the difference (2) The proposed sales of natural gas In a number of dockets in which offers between 15.5 cents and 15 cents per Mcf are subject to the jurisdiction of the of settlement have been made, the con­ at 14.65 psia for deliveries occurring un­ Commission, and such sales, together tract with the purchasing pipeline fol­ der this docket from initial delivery to with the construction and operation of lows the same pattern as outlined in the effective date of price reduction to any facilities subject to the jurisdiction Opinion No. 353 (p. 13, mimeo). In these 15 cents per Mcf, plus interest at the rate of the Commission necessary therefor, dockets it is appropriate and in the pub­ of 7 percent per annum through March are subject to the requirements of Sub- j lic interest that certificates issued herein 31,1964. By its letter of March 27,1962, sections (c) and (e) of section 7 of the to the producer-applicants be granted granting a temporary certificate to Union Natural Gas Act. upon the conditions contained in para­ Texas Petroleum, the Commission pro­ (3) Applicants are able and willing graphs (C), (D), and (E) of the order in vided the following condition: properly to do the acts and to perform that Opinion.* The initial price for this service shall the service proposed and to conform to It further appears that in all the mo­ be 15 cents per Mcf at 14.65 psia, inclu­ the provisions of the Natural Gas Act tions for severance wherein the contract sive of tax reimbursement and subject and the requirements, rules, and regula- j with the purchasing pipeline contains a to a Btu price adjustment for Btu con­ tions of the Commission thereunder. Btu adjustment clause, the offer of tent above or below 1000 Btu per cubic (4) The conditions attached to the settlement proposes th at such provision foot. Such initial price shall be further certificates herein issued are required by shall be subject prospectively to disposi­ subject to Union Texas refunding to the public convenience and necessity. tion in accordance with the rule-making Natural Gas Pipeline Company of Amer­ (5) No party has opposed the waiver proceeding in Docket No. R-200. Ac­ ica any amounts collected (plus interest of the intermediate decisions in these cordingly, this will be so provided in the at 7 percent per year) in excess of the proceedings. instant order. amount computed at the rate determined The Commission orders: A number of dockets herein contain no to be in accordance with the require­ (A) The matters in the above-cap­ Btu adjustment provisions and the mov- ments of the public convenience and tioned dockets are severed from the con­ necessity in Docket No. CI61-1275, as to solidated proceeding Pan American 1 It may be noted that temporary certifi­ the service hereby authorized. Petroleum Corporation, et al., Docket cates have been issued in all dockets con­ Nos. G-19417, étal. solidated in these proceedings except CI63- (B) The certificates of public con­ 417 and CI63-876. The temporary certificates * In accordance with the mandate of the venience and necessity are hereby issued in all dockets but one were conditioned to United States Court of Appeals for the Tenth to the above-named Applicants, on the the initial rate of 15 cents per Mcf. At the Circuit (Case Nos. 6670 and 6724), the Com­ mission modified, effective as of January 24, conditions set forth herein, authorizing time of issuance of each temporary certifi­ com­ cate, the Commission asked to be advised 1962 (the date upon which the Court issued the sale of natural gas in interstate whether the applicant would be willing to its mandate in the two cases), the temporary merce for resale for ultimate public accept permanent authorization on the same authorizations issued November 3, 1960, consumption, and for the construction terms. In some cases the applicant indicated March 2,1961, and April 28,1961, so as to per­ and operation of any facilities subje? that it would take the Commission’s offer mit Pan American Petroleum Corporation to to the jurisdiction of the Commissio under consideration but, in most cases, re­ collect the full contract price as provided necessary therefor, all as more fully de­ fused the offer of a permanent certificate on in Rate Schedule No. 277 including the Btu scribed in the applications and settle­ the same conditions as contained in the tem­ price adjustment subject to Pan American porary certificate. Petroleum Corporation refunding to Cimar­ ment proposals herein. 2 The original contracts contain proposed ron Transmission Company any amounts (C) The certificates granted in para­ initial prices ranging from 15.5 cents per Mcf plus interest at 7 percent per annum collect­ graph (B) above are not transferable ana to 19.5 cents per Mcf. ed in excess of 15 cents per Mcf which may shall be effective only so long as APP ■ 8 Including a requirement that the pro­ be determined to be in excess of the price cants continue the acts and operati ducer-applicant file within 30 days of date required by the public convenience and hereby authorized in accordance w hereof a supplement to the related rate necessity in Docket No. G—19417. the provisions of the Natural Gas schedule providing for a full downward Btu 6 The temporary certificate issued to Union and the applicable rules, regulations, a adjustment in price for gas containing less Texas Petroleum is subject to a refund of than 1,000 Btu per cubic foot; any amounts collected over 15 cents per Mcf. orders of the Commission. Mur day, April 4, 1964 FEDERAL REGISTER 4839 I (i» The grant of the certificates is- the temporary certificate issued March [Docket Nos. CP64-160, CP64^137] Lued in paragraph (B) above shall not 27, 1962. COLORADO INTERSTATE GAS CO. |e construed as a waiver of the require­ (F) The order issuing certificates of ments of Section 4 of the Natural Gas public convenience and necessity in AND KANSAS-COLORADO UTILI­ &et or of Part 154 or Part 157 of the Docket Nos. CI61-516, CI61-524, CI61- TIES, INC. Commission’s Regulations thereunder, 752, and CI61-1620 be and the same are Notice of Applications ¡and is without prejudice to any findings hereby amended by authorizing the sale 'or orders which have been or may here­ and delivery of natural gas from addi­ March 30,1964. after be made by the Commission in any tional acreage and in all other respects Take notice that on January 13, 1964, proceeding now pending or hereafter except as herein provided said orders amended March 2, 1964, Colorado Inter­ instituted by or against Applicant. shall remain in full force and effect. state Gas Company (Colorado Inter­ [Further, our action in this proceeding (G) The order herein issuing a certif­ state), of Colorado Springs, Colorado, ¿hall not foreclose nor prejudice any icate of public convenience and necessity and that Kansas Colorado Utilities, Inc. [future proceedings or objections relating to Gulf Oil Corporation in Docket No. (Kansas-Colorado) of Colorado Springs, [to the operation of any price or related CI63-417 relates to Gulf acreage in North Colorado on December 11, 1963, as provisions in the gas purchase contracts Oakdale Field and Lenora Field, includ­ amended on February 24, 1964, filed in [herein involved. Nor shall the grant of ing acreage added to the basic contract Docket Nos. CP64-160 and CP64-137 re­ [the certificates aforesaid for service to by amendment dated November 16, 1962, spectively, applications for certificates [the particular customer involved imply but \does not cover acreage added to of public convenience and necessity pur­ [approval of all of the terms of the con­ Gulf’s contract with Michigan Wisconsin suant to section 7(c) of the Natural Gas tract, particularly as to the cessation of relating to proposed sales of gas from the Act authorizing each of them to con­ service upon termination^ of said con­ Northwest Quinlan Field and the North­ struct and operate certain facilities to be tracts, as provided by section 7(b) of east Cedardale Pool, which are in the located in Union County, New Mexico the Natural Gas Act. Nor shall the Panhandle area rather than the “Other and Cimarron County, Oklahoma, all as grant of the certificates aforesaid be con­ Oklahoma” area. > . hereinafter described and as more fully strued to preclude the imposition of any (H) As a further condition to the issu­ described in the respective applications [sanctions pursuant to the provisions of ance of permanent certificates in Docket which are on file with the Commission [the Natural Gas Act for the unauthor­ Nos. G-19417 and CI61-1275, Pan Ameri­ and open to public inspection. ized commencement of any sales of nat­ can Petroleum Corporation and Union Colorado Interstate’s proposed facili­ ural gas subject to said certificates. Texas Petroleum, A Division of Allied ties are to consist of metering facilities (E) The authorizations issued herein Chemical Corporation, et al., shall re­ necessary to enable it to sell and deliver are subject to the following conditions: fund respectively to Cimarron Transmis­ natural gas to Kansas Colorado from its (a) The initial price, including tax sion Company and Natural Gas Pipeline system in New Mexico. The estimated reimbursement, shall not exceed 15 cents of America any amounts collected (plus cost of such facilities is $7,057 which perMcf at 14.65 psia. interest at 7 percent per annum) in ex­ costs are to be financed from funds on (b) In the event that the Commission cess of 15 cents per Mcf from the date hand. The sale of natural gas is to be amends its Policy Statement No. 61-1 by of issuance of their temporary certifi­ made on an interruptible basis under Ap­ adjusting the boundary between the Pan- cates 8 up to the date of issuance of the plicant’s Rate Schedule IS-2 (21.5 cents I handle area and the “Other Oklahoma” order herein. area so as to increase the initial wellhead per Mcf). (I) The motions for Waiver of hearing Kansas-Colorado proposes to construct price for new gas in the areas involved and intermediate decision pursuant to [ herein, Applicants thereupon may sub­ and operate 3.15 miles of 6%-inch trans­ stitute the new rates consistent with their § 1.32 of the Commission’s rules of prac­ mission pipeline extending from the contracts reflecting the amount of such tice and procedure are hereby granted. point of connection with Colorado Inter­ ¡increase, and thereafter collect these By the Commission.7 state’s facilities in Union County, New new rates prospectively in lieu of the Mexico to the point of connection with J oseph H. G utride, Felt Water Development Co. (Felt Wa­ I initial rates herein required. Secretary. (c) The allowances for take-or-pay ter) in Cimarron County, Oklahoma, to­ provisions in the related rate schedules 1F.R. Doc. 64-3285; Filed, Apr. 3, 1964; gether with a measuring and regulating are subject to* the ultimate disposition 8:51 a.m.] station at this point. The estimated cost with respect to such' provisions in the of such facilities is $36,080, to be financed rule-making proceeding in Docket No. from current working funds. R-199; however, Applicants will not be [Docket No. RP64r-9] The volume of gas which Kansas-Col­ required to file take-or-pay provisions CITIES SERVICE GAS CO. orado proposes to purchase from Colo­ for less than 80 percent of the nnnn«.! rado Interstate for resale to Felt Water quantity. Notice of Postponement of Prehearing for irrigation development purposes is I (d) The allowance for any Btu adjust Conference 173,465 Mcf per annum on an interrupt­ ment provision ible basis under its proposed Rate in the related rate sched March 30, 1964. subject to the ultimate dispositio: Schedule 1-1 (24.5 cents per Mcf). with respect to such provision in the rul Upon consideration of the request filed This matter is one that should be dis­ making proceeding in Docket No. R-200 on March 12, 1964, by The Gas Service posed of as promptly as possible under provided, however, as a further conditio: Company for postponement of the pre- the applicable rules and regulations and hearing conference now scheduled for to that end: ’f^'.fssuance of the certificates hereir April 21,1964; mat the rate schedules to be filed by th Take further notice that preliminary Producer-appUcants in Docket Noa Notice is hereby given that the pre- staff analysis has indicated that there hearing conference is postponed to are no problems which would warrant CI63~328, CI63-336, CI63-33’ 10:00 a.m. on April 23,1964. i/o3^ 7, c i63-1086, CI63-1585, CI63 a recommendation that the Com m ission ¡S* £163-459, CI61-752, CI63-462, CI63 J oseph H. Gutride, designate this application for formal 575 Ci63_1241, and CI61-1275 shall als Secretary. hearing before an examiner and that, make provision for a full percentag pursuant to the authority contained in [F.R. Doc. 64-3281; Filed. Apr. 3, 1964; and subject to the jurisdiction conferred downward adjustment in price for ga 8:46 ajn.] containtag less than 1,000 Btu’s beloi upon the Federal Power Commission by * TO removed by the producers in proc sections 7 and 15 of the Natural Gas Act, 8 As of January 24, 1962, in the case of and the Commission’s rules of practice essing the gas. Pan American Petroleum Corporation, in In pocket No. CI61-1275 (Union Texa accordance with the mandate of the United and procedure, a hearing may be held ^™ fum CorP.) the Btu adjustmen States Court of Appeals for the Tenth Cir­ without further notice before the Com­ cuit. mission on this application provided no shal1 operate above or belov 7 Dissenting statement of Commissioner protest or petition to intervene is filed ^ Btu Per cubic foot as specified ii Black filed as part of original document. within the time required herein. Where 4840 NOTICES a protest or petition for leave to inter­ within the time required herein. Where said application should on or before the! vene is timely filed, or where the Com­ a protest or petition for leave to inter­ 15th day of April 1964, file with the! mission on its o^n motion believes that vene is timely filed, or where the Com­ Federal Power Commission, Washington,] a formal hearing is required, further mission on its own motion believes that D.C., 20426, petitions or protests in ac- j notice of such hearing will be duly given. a formal hearing is required, further cordance With the requirements of the! Protest or petitions to intervene may notice of such hearing will be duly given. Commission’s rules of practice and pro-1 be filed with the Federal Power Com­ Under the procedure herein provided cedure (18 CFR 1.8 or 1.10). The applM mission, Washington, D.C., 20426, in ac­ for, unless otherwise advised, it will be cation is on file and available for public] cordance with the rules of practice and unnecessary for Applicant to appear or inspection. procedure (18 CFR 1.8 or 1.10) on or be represented at the hearing. J oseph H. Gutride, before April 24,1964. Protests or petitions to intervene may Secretary. | be filed with the Federal Power Com­ .Joseph H. G utride, [F.R. Doc.~ 64-8284; Filed, Apr. 3, 1964;] mission, Washington, D.C., 20426, in ac­ 8:46 a.m.] Secretary. cordance with the rules of practice and [F.R. Doc. 64-3282; Filed, Apr. 3, 1964; procedure (18 CFR 1.8 or 1.10) on or 8:46 a.m.] before April 20, 1964. HOUSING AND HOME * J oseph H. Gutride, I Docket No. CP64-145] Secretary. FINANCE AGENCY CUMBERLAND AND ALLEGHENY [F.R. Doc. 64-3283; Filed, Apr. 3, 1964; GAS CO. 8:46 a.m.] Office of the Administrator Notice of Application URBAN RENEWAL COMMISSIONER] [Docket No. E-7159] AND HHFA REGIONAL ADMINIS­ March 30, 1964. TRATORS s Take notice that on December 24, INTERSTATE POWER CO. Delegation of Authority With Respect 1963, Cumberland and Allegheny Gas Notice of Application Company (Applicant), 800 Union Trust to Open-Space Land Program March 30, 1964. Building, Pittsburgh, Pennsylvania, 1. The Urban Renewal Commissioner ] 15219, filed in Docket No. CP64-145, an Take notice that on March 23,1964, an (herein called the “Commissioner"),] application pursuant to section 7(c) of application was filed with the Federal and the HHFA Regional Administrator the Natural Gas Act for a certificate of Power Commission, pursuant to section within his respective Region, each is] public convenience and necessity author­ 204 of thè Federal Power Act, by Inter­ hereby authorized to execute the powers] izing the. construction and operation of state Power Company (Applicant), a cor­ and functions vested in the Housing and 45 feet of 2-inch pipeline together with poration organized under the laws of the Home Finance Administrator under Title the necessary measuring and regulating State of Delaware .and domesticated in VII of the Housing Act of 1961 (75 Stat. equipment in order to render natural gas the States of Illinois, Iowa, Minnesota, 183, 42 U.S.C. 1500), with respect to the service to a new plant of Cumberland and South Dakota, with its principal program of grants for open-space land, Charcoal Corporation (Cumberland) in business office at Dubuque, Iowa, seek­ except in the case of the Regional Ad­ the community of Beryl, Mineral County, ing an order authorizing the issuance of ministrator, the authority to: West Virginia, all as more fully set forth unsecured promissory notes in the prin­ (a) Approve applications for grant as-1 in the application on file with the Com­ cipal amount not exceeding $8,800,000 sistance, and make allocations of funds mission and open to public inspection. of which not more than $7,000,000 will and authorize contracts. The application shows that Cumber­ be outstanding at any one time. In ac­ (b) Approve the conversion from the i land will use natural gas in the manu­ cordance with a loan agreement dated HHFA approved open-space use of open- facture of charcoal. Applicant states March 12,1964, Applicant proposes to is­ space land for which a grant has been j that Cumberland’s requirements are sue $1,800,000 in notes severally to two made under Title VII. estimated to be 150 Mcf per day and Minnesota banks and seven Iowa banks. (c) Approve the disposal or transfer of j 48,000 Mcf annually. Applicant states An additional $7 million in promissory any interest acquired in open-space land further that deliveries to Cumberland, notes is proposed to be issued pursuant for which a grant has been made under an industrial customer, are subject to to a loan agreement of March 13, 1964, curtailment, if necessary, in order to with the Chase Manhattan Bank and Title VII. Manufacturers Hanover Trust Co., both (d) Suspend or terminate grant as­ maintain service to domestic customers. sistance. Cumberland and Applicant have en­ New York banks. Under both loan agree­ ‘(e) Make determinations with respect j tered into an industrial service agreement ments, notes are proposed to be issued dated December 5, 1963, providing for to mature one year from the date of re­ to noncompliances or defaults under j the proposed service. . spective issuance but not later than Sep­ contracts for grant assistance. The application shows the total esti­ tember 30, 1965, and each note to bear 2. The Commissioner is further au­ mated cost of the proposed facilities to interest at the prime commercial rate of thorized to redelegate to one or more j the Chase Manhattan Bank for unse­ employees in the Urban Renewal Admin- j be $3,369, which cost will be financed istration any of the authority herein del- from funds on hand. cured borrowings prevailing five business days prior to the date of each such note. egated to the Commissioner. This matter is one that should be dis­ 3. Each Regional Administrator is au- j posed of as promptly as possible under Applicant states that the proceeds of the notes will be used together with other thorized to redelegate to the Regional Di-: the applicable rules and regulations and rector of Urban Renewal in his Region to that end: funds available to the company to carry out the company’s 1964 construction pro­ any of the authority herein delegated to Take further notice that preliminary the Regional Administrator. staff analysis has indicated that there gram estimated at $11,996,000. Major items in the Applicant’s 1964 construc­ This delegation supersedes the delega­ are no problems which would warrant a tion effective September 1, 1961 (26 F* recommendation that the Commission tion budget include Clinton Beaver designate this application for formal Channel Plant, Unit No. 2, rated at 154,- 8266, 9/1/61). hearing before an examiner and that, 000 kw which will require an expenditure (62 Stat. 1283 (1948), as amended by 64 Stat. pursuant to the authority contained in of $2,220,000 in 1964 (estimated total cost 80 (1950), 12 U.S.O. 1701c) and subject to the jurisdiction conferred $19,078,000), construction and rebuild­ Effective as of the 4th day of April j upon the Federal Power Commission by ing of a portion of the Applicant’s 69 1964. sections 7 and 15 of the Natural Gas Act, kv transmission grid, additions to dis­ and the Commission’s rules of practice tribution plant $3,769,300 and gas and [seal] R obert C. Weaver, hot water heat, distribution and general, Housing and Home and procedure, a hearing may be held - Finance Administrator. without further notice before the Com­ $1,125,000. mission on this application provided no Any person desiring to be heard or [F.R. Doc. 64-3291; Filed, Apr. 3, 196i; protest or petition to intervene is filed to make any protest with reference to 8:47 a.m.] Mur day, April 4, 1964 FEDERAL REGISTER 4841 The level of restraint has been corrected number of such record holders at present INTERAGENCY TEXTILE to reflect entries made during the period is only 8 persons. 218,534 shares of October 31, 1963, through March 16, 1964. common stock are held by General Tele­ Corrections have not been made to reflect administrative c o m m ittee entries, if any, subsequent to March 16, 1964. phone & Electronics Corporation. The In carrying out this directive, you shall other 61 shares are held by 7 other COTTON TEXTILES IN CATEGORY 22 allow entry into the United States for con- persons. f PRODUCED OR MANUFACTURED IN sumation and withdrawal from warehouse (2) If the application for exemption is PAKISTAN for consumption of cotton textiles in Cate­ granted, the issuer will furnish financial gory 22, produced or manufactured in Paki­ statements to shareholders upon request. Prohibition on Entry or Withdrawal stan, when the cotton textiles sought to be Notice is further given that an order From Warehouse entered have been exported to the United States from Pakistan prior to October 31, granting the application upon such terms April 1,1964. 1963, even though the restraint level has been and conditions as the Commission may filled. deem necessary or appropriate may be The United States Government on Oc­ A detailed description of the listed cate­ issued by the Commission at any time on tober 31,1963, in furtherance of the ob­ gory in terms of T.S.U.S_A. numbers was pub­ or after May 11,1964, unless prior thereto jectives of, and under the terms of, the lished in the F ederal Register on October 1, a hearing is ordered by the Commission. tong Term* Arrangement Regarding In­ 1963 (28F.R. 10551). Any interested persons may, not later ternational Trade in Cotton Textiles In carrying out the above directions, entry than May 4, 1964, at 5:30 p.m., e.d.s.t., Gone at Geneva on February 9, 1962, re­ into the United States for consumption shall submit to the Commission in writing his quested the Government of Pakistan to be construed to include entry for consump­ tion into the Commonwealth of Puerto Rico. views or any additional facts bearing Restrain the export of cotton textiles in The actions taken with respect to the upon the application or the desirability Category 22 to the United States. A Government of Pakistan and with respect to of a hearing thereon, or request the Com­ level of restraint has been set for the imports of cotton textiles from Pakistan have mission in writing that a hearing be held [twelve-month period beginning October been determined by the President’s Cabinet thereon. Any such communication or re­ 31,1963, through October 30, 1964. . Textile Advisory Committee to involve foreign quest should be addressed to the Secre­ F There is published below a letter of affairs functions of the United States. tary, Securities and Exchange Commis­ 'April 1, 1964, from the Chairman, Presi­ Therefore, the directions to the Commis­ sioner of Customs, being necessary to the sion, Washington, D.C., 20549, and should dent’s Cabinet Textile Advisory Commit­ implementation of such actions, fall within state briefly the nature of the interest tee, to the Commissioner of Customs, the foreign affairs exception to the notice of the person submitting such informa­ prohibiting, effective April 8,1964, for the provisions of Section 4 of the Administrative tion or requesting a hearing, the reason period ending October 30,1964, the entry Procedure Act. This letter will be published for such a request, and the issues of facts or withdrawal from warehouse for con­ in the F ederal Register. or law raised by the application which he sumption in the United States of cotton Sincerely yours, desires to controvert. textiles in Category 22, produced or man­ Luther H. Hodges, ufactured in Pakistan, which were ex­ Secretary of Commerce, and Chair­ By the Commission. ported to the United States from Paki­ man, President’s Cabinet Textile [seal] Q rval L. D uBois, stan on or after October 31, 1963. Advisory Committee. Secretary. J ames S . L ove, Jr., [FJR. Doc. 64-3314; Filed, Apr. 3, 1964; {F.R. Doc. 64-3316; Filed, Apr. ’ S, 1964; Chairman, Interagency Textile 8:49 am.] 8:49 ajn.| Administrative C o m m ittee, and Deputy to the Secretary of Commerce for Textile Pro­ SECURITIES AND EXCHANGE [File No. 70-4195] grams. GULF POWER CO. The Secretary of Commerce COMMISSION Notice of Proposed Issue and Sale of president's cabinet textile advisory {File No. 2-15185] COMMITTEE Short-Term Notes Washington 25, D.C., WESTERN CALIFORNIA TELEPHONE March 30,1964. April 1,1964. v CO. Notice is hereby given that a declara­ Commissioner of Customs, Notice of Application for Exemption tion and an amendment thereto has been Department of the Treasury, filed with this Commission, pursuant to Washington, D.C. March 31, 1964. the Public Utility Holding Company Act Dear Mr. Commissioner: The United Notice is hereby given that Western of 1935 (“Act”) , by Gulf Power Company [States Government on October 31, 1963, in California Telephone Company, a cor­ (“Gulf”), 75 North Pace Boulevard, Pen­ j furtherance of the objectives of, and under poration organized under the laws of sacola, Florida, a public-utility subsidiary the terms of, the Long Term Arrangement California (“issuer”) , has filed an appli­ j Regarding International Trade in Cotton company of The Southern Company, a [Textiles done at Geneva on February 9, 1962, cation pursuant to Rule 15d-20 of the registered holding company. Gulf has ' requested the Government of Pakistan to general rules and regulations under the designated sections 6(a), 6(b), and 7 of restrain the export of cotton textiles in Securities*Exchange Act of 1934 (“Act”) the Act and Rule 50(a) (2) promulgated Category 22 to the United States during the for an order exempting the issuer from thereunder as applicable to the proposed twelve-month period beginning October 31, the operation of section 15(d) of the Act transaction. All interested persons are ¡1963. The Long Term Arrangement is an with respect to the duty to file any re­ referred to the amended declaration, on agreement contemplated by Section 204 of ports required by that section and the file at the office of this Commission, for the Agricultural Act of 1956, as amended. Under the terms of the Long Term Ar­ rules and regulations thereunder. a statement of the transaction therein rangement and in accordance with the pro­ Rule 15d-20 permits the Commission, proposed, which is summarized as fol­ cedures outlined in Executive Order 11052 of upon application and subject to appro­ lows: September 28, 1962, you are directed to priate terms and conditions, to exempt Gulf proposes to issue, from time to prohibit, effective April 8, 1964, and for the an issuer from the duty to file annual and time prior to November 1,1964, unsecured Period extending through October 30, 1964, other periodic reports if the Commission promissory notes to banks in an aggre­ entry into the United States for consump- finds that all outstanding securities of gate principal amount not to exceed °n and withdrawal from warehouse for the issuer are held of record, as therein $9,100,000, including in such amount up consumption of cotton textiles in Category defined, that the number of such record to an aggregate of $2,900,000 principal 22. produced or manufactured in Pakistan, holders does not exceed fifty persons, and T* excess of the adjusted level of restraint amount of promissory notes to be issued, Provided: that the filing of such reports is not nec­ prior to the Commission’s action on this essary in the public interest or for the declaration, pursuant to the exemption protection of investors. afforded by the first sentence of section Adjusted The application states the following Category 12-Month level of restraint level of 6(b) of the Act. Each note proposed to restraint with respect to the request for exemp­ be issued by Gulf will bear interest at the ~------j tion: prime rate in effect at The Chase Man­ 22.. 580,000 square vards 0 (1) All of the outstanding securities hattan Bank in New York (presently 4 y2 of the issuer are held of record and the percent per annum) on the date of is- 4842 NOTICES suance; will mature not more than nine sion and this Commission, no State com­ months after the date of issuance; and mission and no Federal commission has OFFICE OF EMERGENCY will be prepayable, in whole or in part jurisdiction over the proposed note issues. without penalty or premium,, on any Notice is further given that any inter­ PLANNING regular banking day upon twenty-four ested person may, not later than April KENTUCKY hours written notice. 27, 1964, request in writing that a hear­ Shown below are the maximum prin­ ing be held on such matter, stating the Amendment to Notice of Major cipal amounts proposed to be issued to nature of his interest, the reasons for Disaster the designated banks: such request, and the issues of fact or law raised by said amended declaration Notice of Major Disaster for the Com­ Amount which he desires to controvert; or he monwealth of Kentucky, dated March li,\ The Chase Manhattan Bank, New may request that he be notified if the 1964, and published March 25, 1964 (291 York, N.Y______$3,000,000 Commission should ordpr a hearing F.R. 3717), is hereby amended to include] Irving Trust Company, New York, those 1 NY. ______3,000,000 thereon. Any such request should be the following counties among conn- Bankers Trust Company, New addressed: Secretary, Securities and Ex­ ties determined to have been adversely! York, N.Y______1,750,000 change Commission, Washington, D.C., affected by the catastrophe declared a The Florida National Bank of 20549. k A copy of such" request should major disaster by The President in his] Pensacola, Fla------—-- 310,000 be served personally or by mail (air mail declaration of March 17, 1964: The First Bank & Trust Company if the person being served is located more Crittenden. Muhlenberg. of Pensacola, Fla______172, 000 Hart. Bay National Bank & Trust Co., than 500 miles from the point of mailing) Panama City, Fla______120, 000 upon the declarant at the above-stated Dated: March 30, 1964. Commercial Bank in Panama address, and proof of service (by affi­ City, Fla______— ----- 100,000 davit or, in case of an attorney at law, E dward A. M cD ermott, The Citizens & Peoples Na­ by certificate) should be filed contem­ Director, Office of tional Bank of Pensacola, Fla_ 90,000 poraneously with the request. At any Emergency Planning. First National Bank in Milton, time after said date, the declaration, as [FJt. Doc. 64-3280; Filed, Apr. 3, 1964; F l a ______%______90,000 8:46' a.m.] The West Pensacola Bank, Fla— 63, 000 amended or as it may be further Commercial National Bank of amended, may be permitted to become Pensacola, Fla_—— - — -— — 60,000 effective as provided in Rule 23 of the Southern National Bank of Fort general rules and regulations promul­ TARIFF COMMISSION | Walton Beach, Fla— ------gated under 40,000 the Act, or the Commission Florida Bank at Chipley, Fla— _ 40,000 may grant exemption from its rules un­ [TEA I—A-4] The Bank of Crestview, Fla------36,000 der the Act as provided in Rules 20(a) Bank of Fort Walton, Fort Wal­ DRAWN OR BLOWN FLAT GLASS ton Beach, Fla______’ 32,000 and 100 thereof or take such other action Bank of Graceville, Fla______— 30,000 as it may deem appropriate. Notice of Investigation and Hearing Escambia County Bank, Floma- For the Commission (pursuant to dele­ Investigation instituted. On March ton, Ala.__ ;__ ;______- 30,000 gated authority). 30, 1964, the United States Tariff Com­ Santa Rosa State Bank, MUton, mission, upon request of the President, Fla ______29,000 [SEAL] ORVAL L. DUBOIS, instituted an investigation in connection First National Bank of Crest- Secretary. view, Fla------27,000 with the preparation of advice to the Bank of Gulf Breeze, Fla------21,000 [F.R. Doc. 64-3286; Filed, Apr. 3, 1964; President, pursuant to section 351(d) The First National Bank, De- 8:46 ajn.] (2) of the Trade Expansion Act of 1962, Funlak Springs, Fla------1.— - 20,000 with respect to flat glass of the kinds Cawthon State Bank, • DeFuniak described in items 923.11—924.00 in Part: Springs, Fla___ ._•——----- — 20,000 2A of the Appendix to the Tariff Sched­ The Bank of Bonifay, Fla------20,000 SMALL BUSINESS ADMINISTRA­ ules of the United States. Total______9,100,000 In 1962 increased duties were imposed TION by Presidential proclamation upon im­ The proceeds from the $9,100,000 of [Delegation of Authority No. 80 (Rev. 8 ), ports of flat glass of the kinds described proposed notes will "be used, in part, to —Arndt. 3] above (described as “cylinder, crown, pay Gulf’s short-term notes with banks and sheet glass” in 1962), following an outstanding on the date of any authori­ REGIONAL DIRECTORS escape-clause investigation by the, Tarffl zation that may be granted under this Delegation of Authority To Conduct Commission under section 7 of the Tradej declaration. The balance will be applied Agreements Extension Act of 1951. Th|j to Gulf’s 1964 construction and property Program Activities in the Regional Commission’s function under section 351 addition and improvement program, esti­ Offices (d) (2) is to advise the President of its mated at $18,398,000. The remaining Pursuant to the authority vested in judgment of the probable economic ef-j cash requirements for such program will the Administrator by the Small Busi­ feet on the domestic industry concerned! be obtained from cash on hand (includ­ ness Act, 72 Stat. 384, as amended, and of the reduction or termination of «H ing $2,000,000 received in March 1964, the Small Business Investment Act of creased import restrictions imposed un­ from the sale of additional shares of 1958, 72 Stat. 689, as amended; Delega­ der the escape-clause procedure. common stock) and from the contem­ tion of Authority No. 30 (Revision 8), Public hearing ordered. A pubnCj plated sale of $12,000,000 principal as amended, 28 F.R. 3228, 7204, and 8179 hearing in connection with the afore*| amount of first mortgage bonds in Octo­ is hereby amended by deleting subitem mentioned investigation will be held lo­ ber 1964. The net proceeds from said ginning at 10 a.m., e.d.s.t., on June-J, sale of bonds will be applied in total* , LA.l.a. and substituting the following in 1964, in the Hearing Room, Tann com­ payment of all notes issued pursuant to lieu thereof : mission Building, Eighth and E Streets this declaration and, thereupon, any I * ■ * * NW., Washington, D.C. Interested par- authorization which may be granted un­ A. Financial Assistance. ties desiring to appear and to be near“ der this declaration will cease to be effec­ 1. To approve the following: at the hearing should notify the oec tive. '* a. Business loans : tary of the Commission, in writing, The filing states that the fees and ex­ 1. Direct not exceeding $100,000. least three days in advance of the penses in connection with the proposed 2. Participation not exceeding $250,- set for the hearing. note issues are estimated in the aggre­ 000. Issued April 1,1964. gate at $2,438, consisting of $500 for legal Effective date: March 11,1964. By order of the Commission. fees, $100 for miscellaneous expenses and Eugene P. F oley, [SEAL] D onn N. bent. counsel expenses, and $1,838 for state Administrator. Secretary- documentary stamp taxes. The filing further states that, other [F.R. Doc. 64-3287; Filed, Apr. 3, 1964; [FjR. Doc. 64-3301; Filed, Apr- 3* 19 than the Florida Public Utilities Commis- 8:46 a.m.] 8:48 ajn.] Saturday, April 4, 1964 FEDERAL REGISTER 4843 [AA1921-34] tion 201(c) o

CUMULATIVE CODIFICATION GUIDE— APRIL The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during April. 11 CFR . - **•*, 14 CFR— Continued Page 3 6 CFR CFR Checklist------4645 P roposed R ules: 4720 1 [New]______4738 3 CFR 4 5 CFR Executive Orders: 61 [New]______4738 11149 --- 4765 71 [New]______4741,4742,4778 60______4674 11150 ______4789 73 [New]______4742 91 [New!______4778 4 7 CFR 5 CFR 93 [New]___;__u._____ 4805 l .J ------4801 213______4717,4768,4791 221------4724 73------— _____ 4721 385------4724 81------4721 7 CFR 507------'___ 4743, 4778 729___ 4665 83------4721 775______4717 16 CFR 93------4802 842.______4767 13______4793-4796 P roposed R ules: ' 851______4666 73------4743,4806 907 ______------4791 17 CFR 89_------_"_ 4808 908 ______-______4791, 4792 240______4769 91------4808 910______a______4792 19 CFR 93------_:______4808 944______4767 12______4720 4 9 CFR 1430------______4667 24 ______*______4720 1483______— ...... — 4667 P roposed R ules: P roposed R ules: Proposed R ules: 24______4804 191 ______4813 81_____ i ______^ 4676, 4804 192 ______4814 362______4723 21 CFR 817™______4676 25 ______4803 50 CFR 908______4723 29______4803 32 ------4722 910______4723 121______4672 33 ------4674, 4675,4803 1103______4676 146c______4673 [ 1105______4676 146d______. 4673 1107______4676 1201______1____ _ 4723 22 CFR " Volume 76 41______4770 9 CFR UNITED STATES 25 CFR 16------4767 STATUTES AT LARGE 17------4767 144_____ 4797 221_____ 4798 18------4767 [87th Cong., 2d Sess.l 201------4645 2 6 CFR 202------___------4645 19______------_____ 4770 Contains laws and concurrent resolutions 203______4645 enacted by the Congress during 1962, 12 CFR 32 CFR Reorganization Plan No. 2 of 1962, pro­ 719_____ ------4798 posed amendment to the Constitution, and 545...... ------—___ 4645 725_____ ------4646 Presidential proclamations 13 CFR 750 ______------___. 4798 1°5-— ------4717 751 _ ------4798 Price: $10.00 Proposed R ules: 804____------4771,4772 825___ 4774 Published by Office of the Federal Register, 107------__------4813 National Archives and Records Service, 861_____,______4774 General Services Administration 14 CFR 862______4774 61 [New]______4717 874 ------4774 Order from Superintendent of Documents, 71 tNew]------4670, 467~l", 4719, 4793 875 ------4775 Government Printing Office, 73 tNew]------4670,4768,4769 878------*_ 4772 Washington, D.C., 20402 507------__------4719 881______4774

I h l l r H A l J M t R F i i K T F R Published daily, except Sundays, Mondays, and days following official Federal holidays, | L.1I by the Office of the Federal Register, National Archives and Records Service, General Serv- * eP*’one 1934 ¿jp worth 3-3261 4ces Administration, pursuant to the authority contained in the Federal Register Act, Prescribed bv tho «Hmi \ + +, _ ... approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8 B), under regulations Superintendent n,f 4 ^ i^ t5ati e ° ommlttee M the Federal Register, approved by the President. Distribution is made only by the The BVn * f Documents* Government Printing Office, Washington, D.C., 20402. advance f,urnished maU to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in order, m ade l ^.d lv id jua:1 copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money The reeuiat016 t 0 tlie Superintendent of Documents, Government Printing Office, Washington, D.O., 20402: suant to appearing herein is keyed to the Code op F ederal R egulations, which is published, under 50 titles, pur- tendent of TwTirdiJf f ederal Register Act, as amended August 5, 1953. The Code op F ederal Regulations is sold by the Superin- There are U1 1 1 6 1 1 Prices of books and pocket supplements vary. no restrictions on the republication of material appearing in the Federal Register, or th e Code op F ederal Regulations.

Latest Edition in thesériés PUBLICPAPERS OF THE PRESIDENTS OFTHE UNITED STATES John F . Kennedy, 1962 Contains verbatim transcripts of the President’s news conferences and speeches arid full texts of messages to Congress and other materials released by the White House during the period January 1-December 31,1962. Among the 557 items in the book are: special messages to the Congress on education, national health needs, and foreign aid; reports to the American people concerning the state of the national economy, nuclear testing and dis­ armament, and the Cuban crisis; joint statements with leaders of foreign gov­ ernments; and a special interview with representatives of the radio and television networks in which the President reviewed some of the highlights of his first 2 years in office. A valuable reference source for scholars, reporters of current affairs and the 1108 pages P r ic e : $9.00 events of history, historians, librarians, and Government officials.

VOLUMES of PUBLIC PAPERS of the PRESIDENTS currently available: Contents: HARRY S. TRUMAN: • Messages to the Congress 1945______$5.50 • Public speeches 1946______$6.00 1947______$ 5.25 • News conferences DWIGHT D. EISENHOWER: • Radio and television reports to the 1953——...... $6.75 1957------— __ $6.75 American people 1954----- ______$7.25 1958------__ $8.25 1955----- ______$6.75 1959------__ $7.00 • Remarks to informal groups 1956----- ______$7.25 1960-61______$7.75 o Public letters JOHN F. KENNEDY: 1961 .-__ - — $9.00 1962 ______$9.00 Volumes are published annually, soon after the close of each year. Order from the: Superintendent of Documents, Government Printing Office, Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C., 20402